Public Act 096-1551
 
SB1310 EnrolledLRB096 09456 RLC 19613 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
Article 1.

 
    Section 5. The Criminal Code of 1961 is amended by adding
headings for Subdivisions 1, 5, 10, 15, 20, and 25 of Article
12, by adding Sections 12-0.1 and 12-4.4a, by changing Sections
12-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-4.5, 12-5, 12-5.1,
12-5.2, 12-5.5, 12-6, 12-6.2, 12-6.4, 12-7, 12-7.1, 12-7.3,
12-7.4, 12-7.5, 12-7.6, 12-9, 12-10.2, 12-20, 12-20.5, 12-32,
12-33, 12-34, and 12-35, and by changing and renumbering
Sections 12-2.5, 12-2.6, 12-4, 12-5.15, 12-6.1, 12-6.3,
12-16.2, 12-30, 12-31, 45-1, and 45-2 as follows:
 
    (720 ILCS 5/Art. 12, Subdiv. 1 heading new)
SUBDIVISION 1. DEFINITIONS

 
    (720 ILCS 5/12-0.1 new)
    Sec. 12-0.1. Definitions. In this Article, unless the
context clearly requires otherwise:
    "Bona fide labor dispute" means any controversy concerning
wages, salaries, hours, working conditions, or benefits,
including health and welfare, sick leave, insurance, and
pension or retirement provisions, the making or maintaining of
collective bargaining agreements, and the terms to be included
in those agreements.
    "Coach" means a person recognized as a coach by the
sanctioning authority that conducts an athletic contest.
    "Correctional institution employee" means a person
employed by a penal institution.
    "Emergency medical technician" includes a paramedic,
ambulance driver, first aid worker, hospital worker, or other
medical assistance worker.
    "Family or household members" include spouses, former
spouses, parents, children, stepchildren, and other persons
related by blood or by present or prior marriage, persons who
share or formerly shared a common dwelling, persons who have or
allegedly have a child in common, persons who share or
allegedly share a blood relationship through a child, persons
who have or have had a dating or engagement relationship,
persons with disabilities and their personal assistants, and
caregivers as defined in Section 12-4.4a of this Code. For
purposes of this Article, neither a casual acquaintanceship nor
ordinary fraternization between 2 individuals in business or
social contexts shall be deemed to constitute a dating
relationship.
    "In the presence of a child" means in the physical presence
of a child or knowing or having reason to know that a child is
present and may see or hear an act constituting an offense.
    "Park district employee" means a supervisor, director,
instructor, or other person employed by a park district.
    "Physically handicapped person" means a person who suffers
from a permanent and disabling physical characteristic,
resulting from disease, injury, functional disorder, or
congenital condition.
    "Private security officer" means a registered employee of a
private security contractor agency under the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004.
    "Probation officer" means a person as defined in the
Probation and Probation Officers Act.
    "Sports official" means a person at an athletic contest who
enforces the rules of the contest, such as an umpire or
referee.
    "Sports venue" means a publicly or privately owned sports
or entertainment arena, stadium, community or convention hall,
special event center, or amusement facility, or a special event
center in a public park, during the 12 hours before or after
the sanctioned sporting event.
    "Streetgang", "streetgang member", and "criminal street
gang" have the meanings ascribed to those terms in Section 10
of the Illinois Streetgang Terrorism Omnibus Prevention Act.
    "Transit employee" means a driver, operator, or employee of
any transportation facility or system engaged in the business
of transporting the public for hire.
    "Transit passenger" means a passenger of any
transportation facility or system engaged in the business of
transporting the public for hire, including a passenger using
any area designated by a transportation facility or system as a
vehicle boarding, departure, or transfer location.
    "Utility worker" means any of the following:
        (1) A person employed by a public utility as defined in
    Section 3-105 of the Public Utilities Act.
        (2) An employee of a municipally owned utility.
        (3) An employee of a cable television company.
        (4) An employee of an electric cooperative as defined
    in Section 3-119 of the Public Utilities Act.
        (5) An independent contractor or an employee of an
    independent contractor working on behalf of a cable
    television company, public utility, municipally owned
    utility, or electric cooperative.
        (6) An employee of a telecommunications carrier as
    defined in Section 13-202 of the Public Utilities Act, or
    an independent contractor or an employee of an independent
    contractor working on behalf of a telecommunications
    carrier.
        (7) An employee of a telephone or telecommunications
    cooperative as defined in Section 13-212 of the Public
    Utilities Act, or an independent contractor or an employee
    of an independent contractor working on behalf of a
    telephone or telecommunications cooperative.
 
    (720 ILCS 5/Art. 12, Subdiv. 5 heading new)
SUBDIVISION 5. ASSAULT AND BATTERY

 
    (720 ILCS 5/12-1)  (from Ch. 38, par. 12-1)
    Sec. 12-1. Assault.
    (a) A person commits an assault when, without lawful
authority, he or she knowingly engages in conduct which places
another in reasonable apprehension of receiving a battery.
    (b) Sentence. Assault is a Class C misdemeanor.
    (c) In addition to any other sentence that may be imposed,
a court shall order any person convicted of assault to perform
community service for not less than 30 and not more than 120
hours, if community service is available in the jurisdiction
and is funded and approved by the county board of the county
where the offense was committed. In addition, whenever any
person is placed on supervision for an alleged offense under
this Section, the supervision shall be conditioned upon the
performance of the community service.
    This subsection does not apply when the court imposes a
sentence of incarceration.
(Source: P.A. 88-558, eff. 1-1-95; 89-8, eff. 3-21-95.)
 
    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
    Sec. 12-2. Aggravated assault.
    (a) Offense based on location of conduct. A person commits
aggravated assault when he or she commits an assault against an
individual who is on or about a public way, public property, a
public place of accommodation or amusement, or a sports venue.
    (b) Offense based on status of victim. A person commits
aggravated assault when, in committing an assault, he or she
knows the individual assaulted to be any of the following:
        (1) A physically handicapped person or a person 60
    years of age or older and the assault is without legal
    justification.
        (2) A teacher or school employee upon school grounds or
    grounds adjacent to a school or in any part of a building
    used for school purposes.
        (3) A park district employee upon park grounds or
    grounds adjacent to a park or in any part of a building
    used for park purposes.
        (4) A peace officer, community policing volunteer,
    fireman, private security officer, emergency management
    worker, emergency medical technician, or utility worker:
            (i) performing his or her official duties;
            (ii) assaulted to prevent performance of his or her
        official duties; or
            (iii) assaulted in retaliation for performing his
        or her official duties.
        (5) A correctional officer or probation officer:
            (i) performing his or her official duties;
            (ii) assaulted to prevent performance of his or her
        official duties; or
            (iii) assaulted in retaliation for performing his
        or her official duties.
        (6) A correctional institution employee, Department of
    Human Services employee, Department of Human Services
    officer or employee of a subcontractor of the Department of
    Human Services supervising or controlling sexually
    dangerous persons or sexually violent persons:
            (i) performing his or her official duties;
            (ii) assaulted to prevent performance of his or her
        official duties; or
            (iii) assaulted in retaliation for performing his
        or her official duties.
        (7) An employee of the State of Illinois, a municipal
    corporation therein, or a political subdivision thereof,
    performing his or her official duties.
        (8) A transit employee performing his or her official
    duties, or a transit passenger.
        (9) A sports official or coach actively participating
    in any level of athletic competition within a sports venue,
    on an indoor playing field or outdoor playing field, or
    within the immediate vicinity of such a facility or field.
    (c) Offense based on use of firearm, device, or motor
vehicle. A person commits aggravated assault when, in
committing an assault, he or she does any of the following:
        (1) Uses a deadly weapon, an air rifle as defined in
    the Air Rifle Act, or any device manufactured and designed
    to be substantially similar in appearance to a firearm,
    other than by discharging a firearm.
        (2) Discharges a firearm, other than from a motor
    vehicle.
        (3) Discharges a firearm from a motor vehicle.
        (4) Wears a hood, robe, or mask to conceal his or her
    identity.
        (5) Knowingly and without lawful justification shines
    or flashes a laser gun sight or other laser device attached
    to a firearm, or used in concert with a firearm, so that
    the laser beam strikes near or in the immediate vicinity of
    any person.
        (6) Uses a firearm, other than by discharging the
    firearm, against a peace officer, community policing
    volunteer, fireman, private security officer, emergency
    management worker, emergency medical technician, employee
    of a police department, employee of a sheriff's department,
    or traffic control municipal employee:
            (i) performing his or her official duties;
            (ii) assaulted to prevent performance of his or her
        official duties; or
            (iii) assaulted in retaliation for performing his
        or her official duties.
        (7) Without justification operates a motor vehicle in a
    manner which places a person, other than a person listed in
    subdivision (b)(4), in reasonable apprehension of being
    struck by the moving motor vehicle.
        (8) Without justification operates a motor vehicle in a
    manner which places a person listed in subdivision (b)(4),
    in reasonable apprehension of being struck by the moving
    motor vehicle.
    (d) Sentence. Aggravated assault as defined in subdivision
(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
(c)(1), or (c)(4) is a Class A misdemeanor, except that
aggravated assault as defined in subdivision (b)(4) and (b)(7)
is a Class 4 felony if a Category I, Category II, or Category
III weapon is used in the commission of the assault. Aggravated
assault as defined in subdivision (b)(5), (b)(6), (c)(2),
(c)(5), (c)(6), or (c)(7) is a Class 4 felony. Aggravated
assault as defined in subdivision (c)(3) or (c)(8) is a Class 3
felony.
    (e) For the purposes of this Section, "Category I weapon",
"Category II weapon, and "Category III weapon" have the
meanings ascribed to those terms in Section 33A-1 of this Code.
    (a) A person commits an aggravated assault, when, in
committing an assault, he:
        (1) Uses a deadly weapon, an air rifle as defined in
    the Air Rifle Act, or any device manufactured and designed
    to be substantially similar in appearance to a firearm,
    other than by discharging a firearm in the direction of
    another person, a peace officer, a person summoned or
    directed by a peace officer, a correctional officer, a
    private security officer, or a fireman or in the direction
    of a vehicle occupied by another person, a peace officer, a
    person summoned or directed by a peace officer, a
    correctional officer, a private security officer, or a
    fireman while the officer or fireman is engaged in the
    execution of any of his official duties, or to prevent the
    officer or fireman from performing his official duties, or
    in retaliation for the officer or fireman performing his
    official duties;
        (2) Is hooded, robed or masked in such manner as to
    conceal his identity or any device manufactured and
    designed to be substantially similar in appearance to a
    firearm;
        (3) Knows the individual assaulted to be a teacher or
    other person employed in any school and such teacher or
    other employee is upon the grounds of a school or grounds
    adjacent thereto, or is in any part of a building used for
    school purposes;
        (4) Knows the individual assaulted to be a supervisor,
    director, instructor or other person employed in any park
    district and such supervisor, director, instructor or
    other employee is upon the grounds of the park or grounds
    adjacent thereto, or is in any part of a building used for
    park purposes;
        (5) Knows the individual assaulted to be a caseworker,
    investigator, or other person employed by the Department of
    Healthcare and Family Services (formerly State Department
    of Public Aid), a County Department of Public Aid, or the
    Department of Human Services (acting as successor to the
    Illinois Department of Public Aid under the Department of
    Human Services Act) and such caseworker, investigator, or
    other person is upon the grounds of a public aid office or
    grounds adjacent thereto, or is in any part of a building
    used for public aid purposes, or upon the grounds of a home
    of a public aid applicant, recipient or any other person
    being interviewed or investigated in the employee's
    discharge of his duties, or on grounds adjacent thereto, or
    is in any part of a building in which the applicant,
    recipient, or other such person resides or is located;
        (6) Knows the individual assaulted to be a peace
    officer, a community policing volunteer, a private
    security officer, or a fireman while the officer or fireman
    is engaged in the execution of any of his official duties,
    or to prevent the officer, community policing volunteer, or
    fireman from performing his official duties, or in
    retaliation for the officer, community policing volunteer,
    or fireman performing his official duties, and the assault
    is committed other than by the discharge of a firearm in
    the direction of the officer or fireman or in the direction
    of a vehicle occupied by the officer or fireman;
        (7) Knows the individual assaulted to be an emergency
    medical technician - ambulance, emergency medical
    technician - intermediate, emergency medical technician -
    paramedic, ambulance driver or other medical assistance or
    first aid personnel engaged in the execution of any of his
    official duties, or to prevent the emergency medical
    technician - ambulance, emergency medical technician -
    intermediate, emergency medical technician - paramedic,
    ambulance driver, or other medical assistance or first aid
    personnel from performing his official duties, or in
    retaliation for the emergency medical technician -
    ambulance, emergency medical technician - intermediate,
    emergency medical technician - paramedic, ambulance
    driver, or other medical assistance or first aid personnel
    performing his official duties;
        (8) Knows the individual assaulted to be the driver,
    operator, employee or passenger of any transportation
    facility or system engaged in the business of
    transportation of the public for hire and the individual
    assaulted is then performing in such capacity or then using
    such public transportation as a passenger or using any area
    of any description designated by the transportation
    facility or system as a vehicle boarding, departure, or
    transfer location;
        (9) Or the individual assaulted is on or about a public
    way, public property, or public place of accommodation or
    amusement;
        (9.5) Is, or the individual assaulted is, in or about a
    publicly or privately owned sports or entertainment arena,
    stadium, community or convention hall, special event
    center, amusement facility, or a special event center in a
    public park during any 24-hour period when a professional
    sporting event, National Collegiate Athletic Association
    (NCAA)-sanctioned sporting event, United States Olympic
    Committee-sanctioned sporting event, or International
    Olympic Committee-sanctioned sporting event is taking
    place in this venue;
        (10) Knows the individual assaulted to be an employee
    of the State of Illinois, a municipal corporation therein
    or a political subdivision thereof, engaged in the
    performance of his authorized duties as such employee;
        (11) Knowingly and without legal justification,
    commits an assault on a physically handicapped person;
        (12) Knowingly and without legal justification,
    commits an assault on a person 60 years of age or older;
        (13) Discharges a firearm, other than from a motor
    vehicle;
        (13.5) Discharges a firearm from a motor vehicle;
        (14) Knows the individual assaulted to be a
    correctional officer, while the officer is engaged in the
    execution of any of his or her official duties, or to
    prevent the officer from performing his or her official
    duties, or in retaliation for the officer performing his or
    her official duties;
        (14.5) Knows the individual assaulted to be a probation
    officer, as defined in the Probation and Probation Officers
    Act, while the officer is engaged in the execution of any
    of his or her official duties, or to prevent the officer
    from performing his or her official duties, or in
    retaliation for the officer performing his or her official
    duties;
        (15) Knows the individual assaulted to be a
    correctional employee or an employee or officer of the
    Department of Human Services supervising or controlling
    sexually dangerous persons or sexually violent persons, or
    an employee of a subcontractor of the Department of Human
    Services supervising or controlling sexually dangerous
    persons or sexually violent persons, while the employee or
    officer is engaged in the execution of any of his or her
    official duties, or to prevent the employee or officer from
    performing his or her official duties, or in retaliation
    for the employee or officer performing his or her official
    duties, and the assault is committed other than by the
    discharge of a firearm in the direction of the employee or
    officer or in the direction of a vehicle occupied by the
    employee or officer;
        (16) Knows the individual assaulted to be an employee
    of a police or sheriff's department, or a person who is
    employed by a municipality and whose duties include traffic
    control, engaged in the performance of his or her official
    duties as such employee;
        (17) Knows the individual assaulted to be a sports
    official or coach at any level of competition and the act
    causing the assault to the sports official or coach
    occurred within an athletic facility or an indoor or
    outdoor playing field or within the immediate vicinity of
    the athletic facility or an indoor or outdoor playing field
    at which the sports official or coach was an active
    participant in the athletic contest held at the athletic
    facility. For the purposes of this paragraph (17), "sports
    official" means a person at an athletic contest who
    enforces the rules of the contest, such as an umpire or
    referee; and "coach" means a person recognized as a coach
    by the sanctioning authority that conducted the athletic
    contest;
        (18) Knows the individual assaulted to be an emergency
    management worker, while the emergency management worker
    is engaged in the execution of any of his or her official
    duties, or to prevent the emergency management worker from
    performing his or her official duties, or in retaliation
    for the emergency management worker performing his or her
    official duties, and the assault is committed other than by
    the discharge of a firearm in the direction of the
    emergency management worker or in the direction of a
    vehicle occupied by the emergency management worker; or
        (19) Knows the individual assaulted to be a utility
    worker, while the utility worker is engaged in the
    execution of his or her duties, or to prevent the utility
    worker from performing his or her duties, or in retaliation
    for the utility worker performing his or her duties. In
    this paragraph (19), "utility worker" means a person
    employed by a public utility as defined in Section 3-105 of
    the Public Utilities Act and also includes an employee of a
    municipally owned utility, an employee of a cable
    television company, an employee of an electric cooperative
    as defined in Section 3-119 of the Public Utilities Act, an
    independent contractor or an employee of an independent
    contractor working on behalf of a cable television company,
    public utility, municipally owned utility, or an electric
    cooperative, or an employee of a telecommunications
    carrier as defined in Section 13-202 of the Public
    Utilities Act, an independent contractor or an employee of
    an independent contractor working on behalf of a
    telecommunications carrier, or an employee of a telephone
    or telecommunications cooperative as defined in Section
    13-212 of the Public Utilities Act, or an independent
    contractor or an employee of an independent contractor
    working on behalf of a telephone or telecommunications
    cooperative.
    (a-5) A person commits an aggravated assault when he or she
knowingly and without lawful justification shines or flashes a
laser gunsight or other laser device that is attached or
affixed to a firearm, or used in concert with a firearm, so
that the laser beam strikes near or in the immediate vicinity
of any person.
    (a-10) A person commits an aggravated assault when he or
she knowingly and without justification operates a motor
vehicle in a manner which places a person in reasonable
apprehension of being struck by a moving vehicle.
    (b) Sentence.
    Aggravated assault as defined in paragraphs (1) through (5)
and (8) through (12) and (17) and (19) of subsection (a) of
this Section is a Class A misdemeanor. Aggravated assault as
defined in paragraphs (13), (14), (14.5), and (15) of
subsection (a) of this Section and as defined in subsection
(a-5) or (a-10) of this Section is a Class 4 felony. Aggravated
assault as defined in paragraphs (6) and (16) of subsection (a)
of this Section is a Class A misdemeanor if a Category I,
Category II, or Category III weapon is not used in the
commission of the assault. Aggravated assault as defined in
paragraphs (6) and (16) of subsection (a) of this Section is a
Class 4 felony if a Category I, Category II, or Category III
weapon is used in the commission of the assault. Aggravated
assault as defined in paragraphs (7) and (18) of subsection (a)
of this Section is a Class A misdemeanor if a firearm is not
used in the commission of the assault. Aggravated assault as
defined in paragraphs (7) and (18) of subsection (a) of this
Section is a Class 4 felony if a firearm is used in the
commission of the assault. Aggravated assault as defined in
subsection (a-10) where the victim was a person defined in
paragraph (6) or paragraph (13.5) of subsection (a) is a Class
3 felony. For the purposes of this subsection (b), "Category I
weapon", "Category II weapon", and "Category III weapon" have
the meanings ascribed to those terms in subsection (c) of
Section 33A-1 of this Code.
    (c) For the purposes of paragraphs (1) and (6) of
subsection (a), "private security officer" means a registered
employee of a private security contractor agency under the
Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004.
(Source: P.A. 95-236, eff. 1-1-08; 95-292, eff. 8-20-07;
95-331, eff. 8-21-07; 95-429, eff. 1-1-08; 95-591, eff.
9-10-07; 95-876, eff. 8-21-08; 96-201, eff. 8-10-09; 96-1000,
eff. 7-2-10; 96-1109, eff. 1-1-11; 96-1398, eff. 7-29-10;
revised 9-16-10.)
 
    (720 ILCS 5/12-3)  (from Ch. 38, par. 12-3)
    Sec. 12-3. Battery.
    (a) A person commits battery if he or she intentionally or
knowingly without legal justification and by any means, (1)
causes bodily harm to an individual or (2) makes physical
contact of an insulting or provoking nature with an individual.
    (b) Sentence.
    Battery is a Class A misdemeanor.
(Source: P.A. 77-2638.)
 
    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
    Sec. 12-3.05 12-4. Aggravated battery Battery.
    (a) Offense based on injury. A person commits aggravated
battery when, in committing a battery, other than by the
discharge of a firearm, he or she knowingly does any of the
following:
        (1) Causes great bodily harm or permanent disability or
    disfigurement.
        (2) Causes severe and permanent disability, great
    bodily harm, or disfigurement by means of a caustic or
    flammable substance, a poisonous gas, a deadly biological
    or chemical contaminant or agent, a radioactive substance,
    or a bomb or explosive compound.
        (3) Causes great bodily harm or permanent disability or
    disfigurement to an individual whom the person knows to be
    a peace officer, community policing volunteer, fireman,
    private security officer, correctional institution
    employee, or Department of Human Services employee
    supervising or controlling sexually dangerous persons or
    sexually violent persons:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or her
        official duties; or
            (iii) battered in retaliation for performing his
        or her official duties.
        (4) Causes great bodily harm or permanent disability or
    disfigurement to an individual 60 years of age or older.
        (5) Strangles another individual.
    (b) Offense based on injury to a child or mentally retarded
person. A person who is at least 18 years of age commits
aggravated battery when, in committing a battery, he or she
knowingly and without legal justification by any means:
        (1) causes great bodily harm or permanent disability or
    disfigurement to any child under the age of 13 years, or to
    any severely or profoundly mentally retarded person; or
        (2) causes bodily harm or disability or disfigurement
    to any child under the age of 13 years or to any severely
    or profoundly mentally retarded person.
    (c) Offense based on location of conduct. A person commits
aggravated battery when, in committing a battery, other than by
the discharge of a firearm, he or she is or the person battered
is on or about a public way, public property, a public place of
accommodation or amusement, a sports venue, or a domestic
violence shelter.
    (d) Offense based on status of victim. A person commits
aggravated battery when, in committing a battery, other than by
discharge of a firearm, he or she knows the individual battered
to be any of the following:
        (1) A person 60 years of age or older.
        (2) A person who is pregnant or physically handicapped.
        (3) A teacher or school employee upon school grounds or
    grounds adjacent to a school or in any part of a building
    used for school purposes.
        (4) A peace officer, community policing volunteer,
    fireman, private security officer, correctional
    institution employee, or Department of Human Services
    employee supervising or controlling sexually dangerous
    persons or sexually violent persons:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or her
        official duties; or
            (iii) battered in retaliation for performing his
        or her official duties.
        (5) A judge, emergency management worker, emergency
    medical technician, or utility worker:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or her
        official duties; or
            (iii) battered in retaliation for performing his
        or her official duties.
        (6) An officer or employee of the State of Illinois, a
    unit of local government, or a school district, while
    performing his or her official duties.
        (7) A transit employee performing his or her official
    duties, or a transit passenger.
        (8) A taxi driver on duty.
        (9) A merchant who detains the person for an alleged
    commission of retail theft under Section 16A-5 of this Code
    and the person without legal justification by any means
    causes bodily harm to the merchant.
    (e) Offense based on use of a firearm. A person commits
aggravated battery when, in committing a battery, he or she
knowingly does any of the following:
        (1) Discharges a firearm, other than a machine gun or a
    firearm equipped with a silencer, and causes any injury to
    another person.
        (2) Discharges a firearm, other than a machine gun or a
    firearm equipped with a silencer, and causes any injury to
    a person he or she knows to be a peace officer, community
    policing volunteer, person summoned by a police officer,
    fireman, private security officer, correctional
    institution employee, or emergency management worker:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or her
        official duties; or
            (iii) battered in retaliation for performing his
        or her official duties.
        (3) Discharges a firearm, other than a machine gun or a
    firearm equipped with a silencer, and causes any injury to
    a person he or she knows to be an emergency medical
    technician employed by a municipality or other
    governmental unit:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or her
        official duties; or
            (iii) battered in retaliation for performing his
        or her official duties.
        (4) Discharges a firearm and causes any injury to a
    person he or she knows to be a teacher, a student in a
    school, or a school employee, and the teacher, student, or
    employee is upon school grounds or grounds adjacent to a
    school or in any part of a building used for school
    purposes.
        (5) Discharges a machine gun or a firearm equipped with
    a silencer, and causes any injury to another person.
        (6) Discharges a machine gun or a firearm equipped with
    a silencer, and causes any injury to a person he or she
    knows to be a peace officer, community policing volunteer,
    person summoned by a police officer, fireman, private
    security officer, correctional institution employee or
    emergency management worker:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or her
        official duties; or
            (iii) battered in retaliation for performing his
        or her official duties.
        (7) Discharges a machine gun or a firearm equipped with
    a silencer, and causes any injury to a person he or she
    knows to be an emergency medical technician employed by a
    municipality or other governmental unit:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or her
        official duties; or
            (iii) battered in retaliation for performing his
        or her official duties.
        (8) Discharges a machine gun or a firearm equipped with
    a silencer, and causes any injury to a person he or she
    knows to be a teacher, or a student in a school, or a
    school employee, and the teacher, student, or employee is
    upon school grounds or grounds adjacent to a school or in
    any part of a building used for school purposes.
    (f) Offense based on use of a weapon or device. A person
commits aggravated battery when, in committing a battery, he or
she does any of the following:
        (1) Uses a deadly weapon other than by discharge of a
    firearm, or uses an air rifle as defined in the Air Rifle
    Act.
        (2) Wears a hood, robe, or mask to conceal his or her
    identity.
        (3) Knowingly and without lawful justification shines
    or flashes a laser gunsight or other laser device attached
    to a firearm, or used in concert with a firearm, so that
    the laser beam strikes upon or against the person of
    another.
    (g) Offense based on certain conduct. A person commits
aggravated battery when, other than by discharge of a firearm,
he or she does any of the following:
        (1) Violates Section 401 of the Illinois Controlled
    Substances Act by unlawfully delivering a controlled
    substance to another and any user experiences great bodily
    harm or permanent disability as a result of the injection,
    inhalation, or ingestion of any amount of the controlled
    substance.
        (2) Knowingly administers to an individual or causes
    him or her to take, without his or her consent or by threat
    or deception, and for other than medical purposes, any
    intoxicating, poisonous, stupefying, narcotic, anesthetic,
    or controlled substance, or gives to another person any
    food containing any substance or object intended to cause
    physical injury if eaten.
        (3) Knowingly causes or attempts to cause a
    correctional institution employee or Department of Human
    Services employee to come into contact with blood, seminal
    fluid, urine, or feces by throwing, tossing, or expelling
    the fluid or material, and the person is an inmate of a
    penal institution or is a sexually dangerous person or
    sexually violent person in the custody of the Department of
    Human Services.
    (h) Sentence. Unless otherwise provided, aggravated
battery is a Class 3 felony.
    Aggravated battery as defined in subdivision (a)(4),
(d)(4), or (g)(3) is a Class 2 felony.
    Aggravated battery as defined in subdivision (a)(3) or
(g)(1) is a Class 1 felony.
    Aggravated battery under subdivision (a)(5) is a Class 1
felony if:
        (A) the person used or attempted to use a dangerous
    instrument while committing the offense; or
        (B) the person caused great bodily harm or permanent
    disability or disfigurement to the other person while
    committing the offense; or
        (C) the person has been previously convicted of a
    violation of subdivision (a)(5) under the laws of this
    State or laws similar to subdivision (a)(5) of any other
    state.
    Aggravated battery as defined in subdivision (e)(1) is a
Class X felony.
    Aggravated battery as defined in subdivision (a)(2) is a
Class X felony for which a person shall be sentenced to a term
of imprisonment of a minimum of 6 years and a maximum of 45
years.
    Aggravated battery as defined in subdivision (e)(5) is a
Class X felony for which a person shall be sentenced to a term
of imprisonment of a minimum of 12 years and a maximum of 45
years.
    Aggravated battery as defined in subdivision (e)(2),
(e)(3), or (e)(4) is a Class X felony for which a person shall
be sentenced to a term of imprisonment of a minimum of 15 years
and a maximum of 60 years.
    Aggravated battery as defined in subdivision (e)(6),
(e)(7), or (e)(8) is a Class X felony for which a person shall
be sentenced to a term of imprisonment of a minimum of 20 years
and a maximum of 60 years.
    Aggravated battery as defined in subdivision (b)(1) is a
Class X felony, except that:
        (1) if the person committed the offense while armed
    with a firearm, 15 years shall be added to the term of
    imprisonment imposed by the court;
        (2) if, during the commission of the offense, the
    person personally discharged a firearm, 20 years shall be
    added to the term of imprisonment imposed by the court;
        (3) if, during the commission of the offense, the
    person personally discharged a firearm that proximately
    caused great bodily harm, permanent disability, permanent
    disfigurement, or death to another person, 25 years or up
    to a term of natural life shall be added to the term of
    imprisonment imposed by the court.
    (i) Definitions. For the purposes of this Section:
    "Building or other structure used to provide shelter" has
the meaning ascribed to "shelter" in Section 1 of the Domestic
Violence Shelters Act.
    "Domestic violence" has the meaning ascribed to it in
Section 103 of the Illinois Domestic Violence Act of 1986.
    "Domestic violence shelter" means any building or other
structure used to provide shelter or other services to victims
or to the dependent children of victims of domestic violence
pursuant to the Illinois Domestic Violence Act of 1986 or the
Domestic Violence Shelters Act, or any place within 500 feet of
such a building or other structure in the case of a person who
is going to or from such a building or other structure.
    "Firearm" has the meaning provided under Section 1.1 of the
Firearm Owners Identification Card Act, and does not include an
air rifle as defined by Section 1 of the Air Rifle Act.
    "Machine gun" has the meaning ascribed to it in Section
24-1 of this Code.
    "Merchant" has the meaning ascribed to it in Section
16A-2.4 of this Code.
    "Strangle" means intentionally impeding the normal
breathing or circulation of the blood of an individual by
applying pressure on the throat or neck of that individual or
by blocking the nose or mouth of that individual.
    (a) A person who, in committing a battery, intentionally or
knowingly causes great bodily harm, or permanent disability or
disfigurement commits aggravated battery.
    (b) In committing a battery, a person commits aggravated
battery if he or she:
        (1) Uses a deadly weapon other than by the discharge of
    a firearm, or uses an air rifle as defined in the Air Rifle
    Act;
        (2) Is hooded, robed or masked, in such manner as to
    conceal his identity;
        (3) Knows the individual harmed to be a teacher or
    other person employed in any school and such teacher or
    other employee is upon the grounds of a school or grounds
    adjacent thereto, or is in any part of a building used for
    school purposes;
        (4) (Blank);
        (5) (Blank);
        (6) Knows the individual harmed to be a community
    policing volunteer while such volunteer is engaged in the
    execution of any official duties, or to prevent the
    volunteer from performing official duties, or in
    retaliation for the volunteer performing official duties,
    and the battery is committed other than by the discharge of
    a firearm;
        (7) Knows the individual harmed to be an emergency
    medical technician - ambulance, emergency medical
    technician - intermediate, emergency medical technician -
    paramedic, ambulance driver, other medical assistance,
    first aid personnel, or hospital personnel engaged in the
    performance of any of his or her official duties, or to
    prevent the emergency medical technician - ambulance,
    emergency medical technician - intermediate, emergency
    medical technician - paramedic, ambulance driver, other
    medical assistance, first aid personnel, or hospital
    personnel from performing official duties, or in
    retaliation for performing official duties;
        (8) Is, or the person battered is, on or about a public
    way, public property or public place of accommodation or
    amusement;
        (8.5) Is, or the person battered is, on a publicly or
    privately owned sports or entertainment arena, stadium,
    community or convention hall, special event center,
    amusement facility, or a special event center in a public
    park during any 24-hour period when a professional sporting
    event, National Collegiate Athletic Association
    (NCAA)-sanctioned sporting event, United States Olympic
    Committee-sanctioned sporting event, or International
    Olympic Committee-sanctioned sporting event is taking
    place in this venue;
        (9) Knows the individual harmed to be the driver,
    operator, employee or passenger of any transportation
    facility or system engaged in the business of
    transportation of the public for hire and the individual
    assaulted is then performing in such capacity or then using
    such public transportation as a passenger or using any area
    of any description designated by the transportation
    facility or system as a vehicle boarding, departure, or
    transfer location;
        (10) Knows the individual harmed to be an individual of
    60 years of age or older;
        (11) Knows the individual harmed is pregnant;
        (12) Knows the individual harmed to be a judge whom the
    person intended to harm as a result of the judge's
    performance of his or her official duties as a judge;
        (13) (Blank);
        (14) Knows the individual harmed to be a person who is
    physically handicapped;
        (15) Knowingly and without legal justification and by
    any means causes bodily harm to a merchant who detains the
    person for an alleged commission of retail theft under
    Section 16A-5 of this Code. In this item (15), "merchant"
    has the meaning ascribed to it in Section 16A-2.4 of this
    Code;
        (16) Is, or the person battered is, in any building or
    other structure used to provide shelter or other services
    to victims or to the dependent children of victims of
    domestic violence pursuant to the Illinois Domestic
    Violence Act of 1986 or the Domestic Violence Shelters Act,
    or the person battered is within 500 feet of such a
    building or other structure while going to or from such a
    building or other structure. "Domestic violence" has the
    meaning ascribed to it in Section 103 of the Illinois
    Domestic Violence Act of 1986. "Building or other structure
    used to provide shelter" has the meaning ascribed to
    "shelter" in Section 1 of the Domestic Violence Shelters
    Act;
        (17) (Blank);
        (18) Knows the individual harmed to be an officer or
    employee of the State of Illinois, a unit of local
    government, or school district engaged in the performance
    of his or her authorized duties as such officer or
    employee;
        (19) Knows the individual harmed to be an emergency
    management worker engaged in the performance of any of his
    or her official duties, or to prevent the emergency
    management worker from performing official duties, or in
    retaliation for the emergency management worker performing
    official duties;
        (20) Knows the individual harmed to be a private
    security officer engaged in the performance of any of his
    or her official duties, or to prevent the private security
    officer from performing official duties, or in retaliation
    for the private security officer performing official
    duties; or
        (21) Knows the individual harmed to be a taxi driver
    and the battery is committed while the taxi driver is on
    duty; or
        (22) Knows the individual harmed to be a utility
    worker, while the utility worker is engaged in the
    execution of his or her duties, or to prevent the utility
    worker from performing his or her duties, or in retaliation
    for the utility worker performing his or her duties. In
    this paragraph (22), "utility worker" means a person
    employed by a public utility as defined in Section 3-105 of
    the Public Utilities Act and also includes an employee of a
    municipally owned utility, an employee of a cable
    television company, an employee of an electric cooperative
    as defined in Section 3-119 of the Public Utilities Act, an
    independent contractor or an employee of an independent
    contractor working on behalf of a cable television company,
    public utility, municipally owned utility, or an electric
    cooperative, or an employee of a telecommunications
    carrier as defined in Section 13-202 of the Public
    Utilities Act, an independent contractor or an employee of
    an independent contractor working on behalf of a
    telecommunications carrier, or an employee of a telephone
    or telecommunications cooperative as defined in Section
    13-212 of the Public Utilities Act, or an independent
    contractor or an employee of an independent contractor
    working on behalf of a telephone or telecommunications
    cooperative.
    For the purpose of paragraph (14) of subsection (b) of this
Section, a physically handicapped person is a person who
suffers from a permanent and disabling physical
characteristic, resulting from disease, injury, functional
disorder or congenital condition.
    For the purpose of paragraph (20) of subsection (b) and
subsection (e) of this Section, "private security officer"
means a registered employee of a private security contractor
agency under the Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004.
    (c) A person who administers to an individual or causes him
to take, without his consent or by threat or deception, and for
other than medical purposes, any intoxicating, poisonous,
stupefying, narcotic, anesthetic, or controlled substance
commits aggravated battery.
    (d) A person who knowingly gives to another person any food
that contains any substance or object that is intended to cause
physical injury if eaten, commits aggravated battery.
    (d-3) A person commits aggravated battery when he or she
knowingly and without lawful justification shines or flashes a
laser gunsight or other laser device that is attached or
affixed to a firearm, or used in concert with a firearm, so
that the laser beam strikes upon or against the person of
another.
    (d-5) An inmate of a penal institution or a sexually
dangerous person or a sexually violent person in the custody of
the Department of Human Services who causes or attempts to
cause a correctional employee of the penal institution or an
employee of the Department of Human Services to come into
contact with blood, seminal fluid, urine, or feces, by
throwing, tossing, or expelling that fluid or material commits
aggravated battery. For purposes of this subsection (d-5),
"correctional employee" means a person who is employed by a
penal institution.
    (d-6) A person commits aggravated battery when he or she,
in committing a battery, strangles another individual. For the
purposes of this subsection (d-6), "strangle" means
intentionally impeding the normal breathing or circulation of
the blood of an individual by applying pressure on the throat
or neck of that individual or by blocking the nose or mouth of
that individual.
    (e) Sentence.
        (1) Except as otherwise provided in paragraphs (2),
    (3), (4), and (5) aggravated battery is a Class 3 felony.
        (2) Aggravated battery that does not cause great bodily
    harm or permanent disability or disfigurement is a Class 2
    felony when the person knows the individual harmed to be a
    peace officer, a community policing volunteer, a private
    security officer, a correctional institution employee, an
    employee of the Department of Human Services supervising or
    controlling sexually dangerous persons or sexually violent
    persons, or a fireman while such officer, volunteer,
    employee, or fireman is engaged in the execution of any
    official duties including arrest or attempted arrest, or to
    prevent the officer, volunteer, employee, or fireman from
    performing official duties, or in retaliation for the
    officer, volunteer, employee, or fireman performing
    official duties, and the battery is committed other than by
    the discharge of a firearm.
        (3) Aggravated battery that causes great bodily harm or
    permanent disability or disfigurement in violation of
    subsection (a) is a Class 1 felony when the person knows
    the individual harmed to be a peace officer, a community
    policing volunteer, a private security officer, a
    correctional institution employee, an employee of the
    Department of Human Services supervising or controlling
    sexually dangerous persons or sexually violent persons, or
    a fireman while such officer, volunteer, employee, or
    fireman is engaged in the execution of any official duties
    including arrest or attempted arrest, or to prevent the
    officer, volunteer, employee, or fireman from performing
    official duties, or in retaliation for the officer,
    volunteer, employee, or fireman performing official
    duties, and the battery is committed other than by the
    discharge of a firearm.
        (4) Aggravated battery under subsection (d-5) is a
    Class 2 felony.
        (5) Aggravated battery under subsection (d-6) is a
    Class 1 felony if:
            (A) the person used or attempted to use a dangerous
        instrument while committing the offense; or
            (B) the person caused great bodily harm or
        permanent disability or disfigurement to the other
        person while committing the offense; or
            (C) the person has been previously convicted of a
        violation of subsection (d-6) under the laws of this
        State or laws similar to subsection (d-6) of any other
        state.
        (6) For purposes of this subsection (e), the term
    "firearm" shall have the meaning provided under Section 1.1
    of the Firearms Owners Identification Card Act, and shall
    not include an air rifle as defined by Section 1 of the Air
    Rifle Act.
(Source: P.A. 95-236, eff. 1-1-08; 95-256, eff. 1-1-08; 95-331,
eff. 8-21-07; 95-429, eff. 1-1-08; 95-748, eff. 1-1-09; 95-876,
eff. 8-21-08; 96-201, eff. 8-10-09; 96-363, eff. 8-13-09;
96-1000, eff. 7-2-10.)
 
    (720 ILCS 5/12-3.1)  (from Ch. 38, par. 12-3.1)
    Sec. 12-3.1. Battery of an unborn child; aggravated battery
of an unborn child Unborn Child.
    (a) A person commits battery of an unborn child if he or
she intentionally or knowingly without legal justification and
by any means causes bodily harm to an unborn child.
    (a-5) A person commits aggravated battery of an unborn
child when, in committing a battery of an unborn child, he or
she knowingly causes great bodily harm or permanent disability
or disfigurement to an unborn child.
    (b) For purposes of this Section, (1) "unborn child" shall
mean any individual of the human species from fertilization
until birth, and (2) "person" shall not include the pregnant
woman whose unborn child is harmed.
    (c) Sentence. Battery of an unborn child is a Class A
misdemeanor. Aggravated battery of an unborn child is a Class 2
felony.
    (d) This Section shall not apply to acts which cause bodily
harm to an unborn child if those acts were committed during any
abortion, as defined in Section 2 of the Illinois Abortion Law
of 1975, as amended, to which the pregnant woman has consented.
This Section shall not apply to acts which were committed
pursuant to usual and customary standards of medical practice
during diagnostic testing or therapeutic treatment.
(Source: P.A. 84-1414.)
 
    (720 ILCS 5/12-3.2)  (from Ch. 38, par. 12-3.2)
    Sec. 12-3.2. Domestic battery Battery.
    (a) A person commits domestic battery if he or she
intentionally or knowingly without legal justification by any
means:
        (1) Causes bodily harm to any family or household
    member as defined in subsection (3) of Section 112A-3 of
    the Code of Criminal Procedure of 1963, as amended;
        (2) Makes physical contact of an insulting or provoking
    nature with any family or household member as defined in
    subsection (3) of Section 112A-3 of the Code of Criminal
    Procedure of 1963, as amended.
    (b) Sentence. Domestic battery is a Class A misdemeanor.
Domestic battery is a Class 4 felony if the defendant has any
prior conviction under this Code for domestic battery (Section
12-3.2) or violation of an order of protection (Section 12-3.4
or 12-30), or any prior conviction under the law of another
jurisdiction for an offense which is substantially similar.
Domestic battery is a Class 4 felony if the defendant has any
prior conviction under this Code for first degree murder
(Section 9-1), attempt to commit first degree murder (Section
8-4), aggravated domestic battery (Section 12-3.3), aggravated
battery (Section 12-3.05 or 12-4), heinous battery (Section
12-4.1), aggravated battery with a firearm (Section 12-4.2),
aggravated battery with a machine gun or a firearm equipped
with a silencer (Section 12-4.2-5), aggravated battery of a
child (Section 12-4.3), aggravated battery of an unborn child
(subsection (a-5) of Section 12-3.1, or Section 12-4.4),
aggravated battery of a senior citizen (Section 12-4.6),
stalking (Section 12-7.3), aggravated stalking (Section
12-7.4), criminal sexual assault (Section 12-13), aggravated
criminal sexual assault (12-14), kidnapping (Section 10-1),
aggravated kidnapping (Section 10-2), predatory criminal
sexual assault of a child (Section 12-14.1), aggravated
criminal sexual abuse (Section 12-16), unlawful restraint
(Section 10-3), aggravated unlawful restraint (Section
10-3.1), aggravated arson (Section 20-1.1), or aggravated
discharge of a firearm (Section 24-1.2), or any prior
conviction under the law of another jurisdiction for any
offense that is substantially similar to the offenses listed in
this Section, when any of these offenses have been committed
against a family or household member as defined in Section
112A-3 of the Code of Criminal Procedure of 1963. In addition
to any other sentencing alternatives, for any second or
subsequent conviction of violating this Section, the offender
shall be mandatorily sentenced to a minimum of 72 consecutive
hours of imprisonment. The imprisonment shall not be subject to
suspension, nor shall the person be eligible for probation in
order to reduce the sentence.
    (c) Domestic battery committed in the presence of a child.
In addition to any other sentencing alternatives, a defendant
who commits, in the presence of a child, a felony domestic
battery (enhanced under subsection (b)), aggravated domestic
battery (Section 12-3.3), aggravated battery (Section 12-3.05
or 12-4), unlawful restraint (Section 10-3), or aggravated
unlawful restraint (Section 10-3.1) against a family or
household member, as defined in Section 112A-3 of the Code of
Criminal Procedure of 1963, shall be required to serve a
mandatory minimum imprisonment of 10 days or perform 300 hours
of community service, or both. The defendant shall further be
liable for the cost of any counseling required for the child at
the discretion of the court in accordance with subsection (b)
of Section 5-5-6 of the Unified Code of Corrections. For
purposes of this Section, "child" means a person under 18 years
of age who is the defendant's or victim's child or step-child
or who is a minor child residing within or visiting the
household of the defendant or victim. For purposes of this
Section, "in the presence of a child" means in the physical
presence of a child or knowing or having reason to know that a
child is present and may see or hear an act constituting one of
the offenses listed in this subsection.
    (d) Upon conviction of domestic battery, the court shall
advise the defendant orally or in writing, substantially as
follows: "An individual convicted of domestic battery may be
subject to federal criminal penalties for possessing,
transporting, shipping, or receiving any firearm or ammunition
in violation of the federal Gun Control Act of 1968 (18 U.S.C.
922(g)(8) and (9))." A notation shall be made in the court file
that the admonition was given.
(Source: P.A. 96-287, eff. 8-11-09.)
 
    (720 ILCS 5/12-3.3)
    Sec. 12-3.3. Aggravated domestic battery.
    (a) A person who, in committing a domestic battery,
intentionally or knowingly causes great bodily harm, or
permanent disability or disfigurement commits aggravated
domestic battery.
    (a-5) A person who, in committing a domestic battery,
strangles another individual commits aggravated domestic
battery. For the purposes of this subsection (a-5), "strangle"
means intentionally impeding the normal breathing or
circulation of the blood of an individual by applying pressure
on the throat or neck of that individual or by blocking the
nose or mouth of that individual.
    (b) Sentence. Aggravated domestic battery is a Class 2
felony. Any order of probation or conditional discharge entered
following a conviction for an offense under this Section must
include, in addition to any other condition of probation or
conditional discharge, a condition that the offender serve a
mandatory term of imprisonment of not less than 60 consecutive
days. A person convicted of a second or subsequent violation of
this Section must be sentenced to a mandatory term of
imprisonment of not less than 3 years and not more than 7 years
or an extended term of imprisonment of not less than 7 years
and not more than 14 years.
    (c) Upon conviction of aggravated domestic battery, the
court shall advise the defendant orally or in writing,
substantially as follows: "An individual convicted of
aggravated domestic battery may be subject to federal criminal
penalties for possessing, transporting, shipping, or receiving
any firearm or ammunition in violation of the federal Gun
Control Act of 1968 (18 U.S.C. 922(g)(8) and (9))." A notation
shall be made in the court file that the admonition was given.
(Source: P.A. 96-287, eff. 8-11-09; 96-363, eff. 8-13-09;
96-1000, eff. 7-2-10.)
 
    (720 ILCS 5/12-3.4)   (was 720 ILCS 5/12-30)
    Sec. 12-3.4 12-30. Violation of an order of protection.
    (a) A person commits violation of an order of protection
if:
        (1) He or she knowingly commits an act which was
    prohibited by a court or fails to commit an act which was
    ordered by a court in violation of:
            (i) a remedy in a valid order of protection
        authorized under paragraphs (1), (2), (3), (14), or
        (14.5) of subsection (b) of Section 214 of the Illinois
        Domestic Violence Act of 1986,
            (ii) a remedy, which is substantially similar to
        the remedies authorized under paragraphs (1), (2),
        (3), (14) or (14.5) of subsection (b) of Section 214 of
        the Illinois Domestic Violence Act of 1986, in a valid
        order of protection, which is authorized under the laws
        of another state, tribe or United States territory,
            (iii) any other remedy when the act constitutes a
        crime against the protected parties as the term
        protected parties is defined in Section 112A-4 of the
        Code of Criminal Procedure of 1963; and
        (2) Such violation occurs after the offender has been
    served notice of the contents of the order, pursuant to the
    Illinois Domestic Violence Act of 1986 or any substantially
    similar statute of another state, tribe or United States
    territory, or otherwise has acquired actual knowledge of
    the contents of the order.
    An order of protection issued by a state, tribal or
territorial court related to domestic or family violence shall
be deemed valid if the issuing court had jurisdiction over the
parties and matter under the law of the state, tribe or
territory. There shall be a presumption of validity where an
order is certified and appears authentic on its face. For
purposes of this Section, an "order of protection" may have
been issued in a criminal or civil proceeding.
    (a-5) Failure to provide reasonable notice and opportunity
to be heard shall be an affirmative defense to any charge or
process filed seeking enforcement of a foreign order of
protection.
    (b) Nothing in this Section shall be construed to diminish
the inherent authority of the courts to enforce their lawful
orders through civil or criminal contempt proceedings. For
purposes of this Section, an "order of protection" may have
been issued in a criminal or civil proceeding.
    (c) The limitations placed on law enforcement liability by
Section 305 of the Illinois Domestic Violence Act of 1986 apply
to actions taken under this Section. Nothing in this Section
shall be construed to diminish the inherent authority of the
courts to enforce their lawful orders through civil or criminal
contempt proceedings.
    (d) Violation of an order of protection under subsection
(a) of this Section is a Class A misdemeanor. Violation of an
order of protection under subsection (a) of this Section is a
Class 4 felony if the defendant has any prior conviction under
this Code for domestic battery (Section 12-3.2) or violation of
an order of protection (Section 12-3.4 or 12-30). Violation of
an order of protection is a Class 4 felony if the defendant has
any prior conviction under this Code for first degree murder
(Section 9-1), attempt to commit first degree murder (Section
8-4), aggravated domestic battery (Section 12-3.3), aggravated
battery (Section 12-3.05 or 12-4), heinous battery (Section
12-4.1), aggravated battery with a firearm (Section 12-4.2),
aggravated battery with a machine gun or a firearm equipped
with a silencer (Section 12-4.2-5) aggravated battery of a
child (Section 12-4.3), aggravated battery of an unborn child
(subsection (a-5) of Section 12-3.1, or Section 12-4.4),
aggravated battery of a senior citizen (Section 12-4.6),
stalking (Section 12-7.3), aggravated stalking (Section
12-7.4), criminal sexual assault (Section 12-13), aggravated
criminal sexual assault (12-14), kidnapping (Section 10-1),
aggravated kidnapping (Section 10-2), predatory criminal
sexual assault of a child (Section 12-14.1), aggravated
criminal sexual abuse (Section 12-16), unlawful restraint
(Section 10-3), aggravated unlawful restraint (Section
10-3.1), aggravated arson (Section 20-1.1), or aggravated
discharge of a firearm (Section 24-1.2), or a violation of any
former law of this State that is substantially similar to any
listed offense, when any of these offenses have been committed
against a family or household member as defined in Section
112A-3 of the Code of Criminal Procedure of 1963. The court
shall impose a minimum penalty of 24 hours imprisonment for
defendant's second or subsequent violation of any order of
protection; unless the court explicitly finds that an increased
penalty or such period of imprisonment would be manifestly
unjust. In addition to any other penalties, the court may order
the defendant to pay a fine as authorized under Section 5-9-1
of the Unified Code of Corrections or to make restitution to
the victim under Section 5-5-6 of the Unified Code of
Corrections. In addition to any other penalties, including
those imposed by Section 5-9-1.5 of the Unified Code of
Corrections, the court shall impose an additional fine of $20
as authorized by Section 5-9-1.11 of the Unified Code of
Corrections upon any person convicted of or placed on
supervision for a violation of this Section. The additional
fine shall be imposed for each violation of this Section.
    (e) (Blank). The limitations placed on law enforcement
liability by Section 305 of the Illinois Domestic Violence Act
of 1986 apply to actions taken under this Section.
(Source: P.A. 91-112, eff. 10-1-99; 91-357, eff. 7-29-99;
92-827, eff. 8-22-02.)
 
    (720 ILCS 5/12-3.5)   (was 720 ILCS 5/12-6.3)
    Sec. 12-3.5 12-6.3. Interfering with the reporting of
domestic violence.
    (a) A person commits the offense of interfering with the
reporting of domestic violence when, after having committed an
act of domestic violence, he or she knowingly prevents or
attempts to prevent the victim of or a witness to the act of
domestic violence from calling a 9-1-1 emergency telephone
system, obtaining medical assistance, or making a report to any
law enforcement official.
    (b) For the purposes of this Section, the following terms
shall have the indicated meanings:
    (1) "Domestic violence" shall have the meaning ascribed to
it in Section 112A-3 of the Code of Criminal Procedure of 1963.
    (2) "Family or household members" shall have the meaning
ascribed to it in Section 112A-3 of the Code of Criminal
Procedure of 1963.
    (c) Sentence. Interfering with the reporting of domestic
violence is a Class A misdemeanor.
(Source: P.A. 90-118, eff. 1-1-98.)
 
    (720 ILCS 5/12-3.6)   (was 720 ILCS 5/45-1 and 5/45-2)
    Sec. 12-3.6 45-1. Disclosing location of domestic violence
victim Definitions.
    (a) As used in this Section Article:
    (a) "Domestic violence" means attempting to cause or
causing abuse of a family or household member or high-risk
adult with disabilities, or attempting to cause or causing
neglect or exploitation of a high-risk adult with disabilities
which threatens the adult's health and safety.
    (b) "Family or household member" means a spouse, person
living as a spouse, parent, or other adult person related by
consanguinity or affinity, who is residing or has resided with
the person committing domestic violence. "Family or household
member" includes a high-risk adult with disabilities who
resides with or receives care from any person who has the
responsibility for a high-risk adult as a result of a family
relationship or who has assumed responsibility for all or a
portion of the care of an adult with disabilities voluntarily,
by express or implied contract, or by court order.
    (c) "High-risk adult with disabilities" means a person aged
18 or over whose physical or mental disability impairs his or
her ability to seek or obtain protection from abuse, neglect,
or exploitation.
    (d) "Abuse", "exploitation", and "neglect" have the
meanings ascribed to those terms in Section 103 of the Illinois
Domestic Violence Act of 1986.
    (b) A Sec. 45-2. Disclosure of location of domestic
violence victim. Any person commits disclosure of location of
domestic violence victim when he or she who publishes,
disseminates or otherwise discloses the location of any
domestic violence victim, without that person's the
authorization of that domestic violence victim, knowing the
that such disclosure will result in, or has the substantial
likelihood of resulting in, the threat of bodily harm, is
guilty of a Class A misdemeanor.
    (c) Nothing in this Section shall apply to confidential
communications between an attorney and his or her client.
    (d) Sentence. Disclosure of location of domestic violence
victim is a Class A misdemeanor.
(Source: P.A. 87-441; 88-45.)
 
    (720 ILCS 5/Art. 12, Subdiv. 10 heading new)
SUBDIVISION 10. ENDANGERMENT

 
    (720 ILCS 5/12-4.4a new)
    Sec. 12-4.4a. Abuse or criminal neglect of a long term care
facility resident; criminal abuse or neglect of an elderly
person or person with a disability.
    (a) Abuse or criminal neglect of a long term care facility
resident.
        (1) A person or an owner or licensee commits abuse of a
    long term care facility resident when he or she knowingly
    causes any physical or mental injury to, or commits any
    sexual offense in this Code against, a resident.
        (2) A person or an owner or licensee commits criminal
    neglect of a long term care facility resident when he or
    she recklessly:
            (A) performs acts that cause a resident's life to
        be endangered, health to be injured, or pre-existing
        physical or mental condition to deteriorate, or that
        create the substantial likelihood that an elderly
        person's or person with a disability's life will be
        endangered, health will be injured, or pre-existing
        physical or mental condition will deteriorate;
            (B) fails to perform acts that he or she knows or
        reasonably should know are necessary to maintain or
        preserve the life or health of a resident, and that
        failure causes the resident's life to be endangered,
        health to be injured, or pre-existing physical or
        mental condition to deteriorate, or that create the
        substantial likelihood that an elderly person's or
        person with a disability's life will be endangered,
        health will be injured, or pre-existing physical or
        mental condition will deteriorate; or
            (C) abandons a resident.
        (3) A person or an owner or licensee commits neglect of
    a long term care facility resident when he or she
    negligently fails to provide adequate medical care,
    personal care, or maintenance to the resident which results
    in physical or mental injury or deterioration of the
    resident's physical or mental condition. An owner or
    licensee is guilty under this subdivision (a)(3), however,
    only if the owner or licensee failed to exercise reasonable
    care in the hiring, training, supervising, or providing of
    staff or other related routine administrative
    responsibilities.
    (b) Criminal abuse or neglect of an elderly person or
person with a disability.
        (1) A caregiver commits criminal abuse or neglect of an
    elderly person or person with a disability when he or she
    knowingly does any of the following:
            (A) performs acts that cause the person's life to
        be endangered, health to be injured, or pre-existing
        physical or mental condition to deteriorate;
            (B) fails to perform acts that he or she knows or
        reasonably should know are necessary to maintain or
        preserve the life or health of the person, and that
        failure causes the person's life to be endangered,
        health to be injured, or pre-existing physical or
        mental condition to deteriorate;
            (C) abandons the person;
            (D) physically abuses, harasses, intimidates, or
        interferes with the personal liberty of the person; or
            (E) exposes the person to willful deprivation.
        (2) It is not a defense to criminal abuse or neglect of
    an elderly person or person with a disability that the
    caregiver reasonably believed that the victim was not an
    elderly person or person with a disability.
    (c) Offense not applicable.
        (1) Nothing in this Section applies to a physician
    licensed to practice medicine in all its branches or a duly
    licensed nurse providing care within the scope of his or
    her professional judgment and within the accepted
    standards of care within the community.
        (2) Nothing in this Section imposes criminal liability
    on a caregiver who made a good faith effort to provide for
    the health and personal care of an elderly person or person
    with a disability, but through no fault of his or her own
    was unable to provide such care.
        (3) Nothing in this Section applies to the medical
    supervision, regulation, or control of the remedial care or
    treatment of residents in a long term care facility
    conducted for those who rely upon treatment by prayer or
    spiritual means in accordance with the creed or tenets of
    any well-recognized church or religious denomination as
    described in Section 3-803 of the Nursing Home Care Act or
    Section 3-803 of the MR/DD Community Care Act.
        (4) Nothing in this Section prohibits a caregiver from
    providing treatment to an elderly person or person with a
    disability by spiritual means through prayer alone and care
    consistent therewith in lieu of medical care and treatment
    in accordance with the tenets and practices of any church
    or religious denomination of which the elderly person or
    person with a disability is a member.
        (5) Nothing in this Section limits the remedies
    available to the victim under the Illinois Domestic
    Violence Act of 1986.
    (d) Sentence.
        (1) Long term care facility. Abuse of a long term care
    facility resident is a Class 3 felony. Criminal neglect of
    a long term care facility resident is a Class 4 felony,
    unless it results in the resident's death in which case it
    is a Class 3 felony. Neglect of a long term care facility
    resident is a petty offense.
        (2) Caregiver. Criminal abuse or neglect of an elderly
    person or person with a disability is a Class 3 felony,
    unless it results in the person's death in which case it is
    a Class 2 felony, and if imprisonment is imposed it shall
    be for a minimum term of 3 years and a maximum term of 14
    years.
    (e) Definitions. For the purposes of this Section:
    "Abandon" means to desert or knowingly forsake a resident
or an elderly person or person with a disability under
circumstances in which a reasonable person would continue to
provide care and custody.
    "Caregiver" means a person who has a duty to provide for an
elderly person or person with a disability's health and
personal care, at the elderly person or person with a
disability's place of residence, including, but not limited to,
food and nutrition, shelter, hygiene, prescribed medication,
and medical care and treatment, and includes any of the
following:
        (1) A parent, spouse, adult child, or other relative by
    blood or marriage who resides with or resides in the same
    building with or regularly visits the elderly person or
    person with a disability, knows or reasonably should know
    of such person's physical or mental impairment, and knows
    or reasonably should know that such person is unable to
    adequately provide for his or her own health and personal
    care.
        (2) A person who is employed by the elderly person or
    person with a disability or by another to reside with or
    regularly visit the elderly person or person with a
    disability and provide for such person's health and
    personal care.
        (3) A person who has agreed for consideration to reside
    with or regularly visit the elderly person or person with a
    disability and provide for such person's health and
    personal care.
        (4) A person who has been appointed by a private or
    public agency or by a court of competent jurisdiction to
    provide for the elderly person or person with a
    disability's health and personal care.
    "Caregiver" does not include a long-term care facility
licensed or certified under the Nursing Home Care Act or a
facility licensed or certified under the MR/DD Community Care
Act, or any administrative, medical, or other personnel of such
a facility, or a health care provider who is licensed under the
Medical Practice Act of 1987 and renders care in the ordinary
course of his or her profession.
    "Elderly person" means a person 60 years of age or older
who is incapable of adequately providing for his or her own
health and personal care.
    "Licensee" means the individual or entity licensed to
operate a facility under the Nursing Home Care Act, the MR/DD
Community Care Act, or the Assisted Living and Shared Housing
Act.
    "Long term care facility" means a private home,
institution, building, residence, or other place, whether
operated for profit or not, or a county home for the infirm and
chronically ill operated pursuant to Division 5-21 or 5-22 of
the Counties Code, or any similar institution operated by the
State of Illinois or a political subdivision thereof, which
provides, through its ownership or management, personal care,
sheltered care, or nursing for 3 or more persons not related to
the owner by blood or marriage. The term also includes skilled
nursing facilities and intermediate care facilities as defined
in Titles XVIII and XIX of the federal Social Security Act and
assisted living establishments and shared housing
establishments licensed under the Assisted Living and Shared
Housing Act.
    "Owner" means the owner a long term care facility as
provided in the Nursing Home Care Act, the owner of a facility
as provided in the MR/DD Community Care Act, or the owner of an
assisted living or shared housing establishment as provided in
the Assisted Living and Shared Housing Act.
    "Person with a disability" means a person who suffers from
a permanent physical or mental impairment, resulting from
disease, injury, functional disorder, or congenital condition,
which renders the person incapable of adequately providing for
his or her own health and personal care.
    "Resident" means a person residing in a long term care
facility.
    "Willful deprivation" has the meaning ascribed to it in
paragraph (15) of Section 103 of the Illinois Domestic Violence
Act of 1986.
 
    (720 ILCS 5/12-4.5)  (from Ch. 38, par. 12-4.5)
    Sec. 12-4.5. Tampering with food, drugs or cosmetics.
    (a) A Any person who knowingly puts any substance capable
of causing death or great bodily harm to a human being into any
food, drug or cosmetic offered for sale or consumption commits
the offense of tampering with food, drugs or cosmetics.
    (b) Sentence. Tampering with food, drugs or cosmetics is a
Class 2 felony.
(Source: P.A. 84-1428; 84-1438.)
 
    (720 ILCS 5/12-5)  (from Ch. 38, par. 12-5)
    Sec. 12-5. Reckless conduct.
    (a) A person commits reckless conduct when he or she, by
any means lawful or unlawful, recklessly performs an act or
acts that:
        (1) cause who causes bodily harm to or endanger
    endangers the bodily safety of another person; or an
    individual by any means, commits reckless conduct if he or
    she performs recklessly the acts that cause the harm or
    endanger safety, whether they otherwise are lawful or
    unlawful.
        (2) cause (a-5) A person who causes great bodily harm
    or permanent disability or disfigurement to another person
    by any means, commits reckless conduct if he or she
    performs recklessly the acts that cause the harm, whether
    they otherwise are lawful or unlawful.
    (b) Sentence.
    Reckless conduct under subdivision (a)(1) subsection (a)
is a Class A misdemeanor. Reckless conduct under subdivision
(a)(2) subsection (a-5) is a Class 4 felony.
(Source: P.A. 93-710, eff. 1-1-05.)
 
    (720 ILCS 5/12-5.01)   (was 720 ILCS 5/12-16.2)
    Sec. 12-5.01 12-16.2. Criminal transmission Transmission
of HIV.
    (a) A person commits criminal transmission of HIV when he
or she, knowing that he or she is infected with HIV:
        (1) engages in intimate contact with another;
        (2) transfers, donates, or provides his or her blood,
    tissue, semen, organs, or other potentially infectious
    body fluids for transfusion, transplantation,
    insemination, or other administration to another; or
        (3) dispenses, delivers, exchanges, sells, or in any
    other way transfers to another any nonsterile intravenous
    or intramuscular drug paraphernalia.
    (b) For purposes of this Section:
    "HIV" means the human immunodeficiency virus or any other
identified causative agent of acquired immunodeficiency
syndrome.
    "Intimate contact with another" means the exposure of the
body of one person to a bodily fluid of another person in a
manner that could result in the transmission of HIV.
    "Intravenous or intramuscular drug paraphernalia" means
any equipment, product, or material of any kind which is
peculiar to and marketed for use in injecting a substance into
the human body.
    (c) Nothing in this Section shall be construed to require
that an infection with HIV has occurred in order for a person
to have committed criminal transmission of HIV.
    (d) It shall be an affirmative defense that the person
exposed knew that the infected person was infected with HIV,
knew that the action could result in infection with HIV, and
consented to the action with that knowledge.
    (e) A person who commits criminal transmission of HIV
commits a Class 2 felony.
(Source: P.A. 86-897.)
 
    (720 ILCS 5/12-5.02)   (was 720 ILCS 5/12-2.5)
    Sec. 12-5.02 12-2.5. Vehicular endangerment Endangerment.
    (a) A person commits vehicular endangerment when he or she
strikes Any person who with the intent to strike a motor
vehicle causes by causing any means an object to fall from an
overpass in the direction of a moving motor vehicle with the
intent to strike a motor vehicle while it is traveling upon a
any highway in this State, if that object strikes a motor
vehicle, is guilty of vehicular endangerment.
    (b) Sentence. Vehicular endangerment is a Class 2 felony,
unless except when death results, in which case . If death
results, vehicular endangerment is a Class 1 felony.
    (c) Definitions. For purposes of this Section:
    "Object" means any object or substance that by its size,
weight, or consistency is likely to cause great bodily harm to
any occupant of a motor vehicle.
    "Overpass" means any structure that passes over a highway.
    "Motor vehicle" and "highway" have the meanings as defined
in the Illinois Vehicle Code.
(Source: P.A. 88-467.)
 
    (720 ILCS 5/12-5.1)  (from Ch. 38, par. 12-5.1)
    Sec. 12-5.1. Criminal housing management.
    (a) A person commits the offense of criminal housing
management when, having personal management or control of
residential real estate, whether as a legal or equitable owner
or as a managing agent or otherwise, he or she recklessly
permits the physical condition or facilities of the residential
real estate to become or remain in any condition which
endangers the health or safety of a any person other than the
defendant.
    (b) Sentence.
    Criminal housing management is a Class A misdemeanor, and
a . A subsequent conviction for a violation of subsection (a) is
a Class 4 felony.
(Source: P.A. 85-341.)
 
    (720 ILCS 5/12-5.1a)   (was 720 ILCS 5/12-5.15)
    Sec. 12-5.1a 12-5.15. Aggravated criminal housing
management.
    (a) A person commits the offense of aggravated criminal
housing management when he or she commits the offense of
criminal housing management; and:
        (1) the condition endangering the health or safety of a
    person other than the defendant is determined to be a
    contributing factor in the death of that person; and
        (2) the person recklessly also conceals or attempts to
    conceal the condition that endangered the health or safety
    of the person other than the defendant that is found to be
    a contributing factor in that death.
    (b) Sentence. Aggravated criminal housing management is a
Class 4 felony.
(Source: P.A. 93-852, eff. 8-2-04.)
 
    (720 ILCS 5/12-5.2)  (from Ch. 38, par. 12-5.2)
    Sec. 12-5.2. Injunction in connection with criminal
housing management or aggravated criminal housing management.
    (a) In addition to any other remedies, the State's Attorney
of the county where the residential property which endangers
the health or safety of any person exists is authorized to file
a complaint and apply to the circuit court for a temporary
restraining order, and such circuit court shall upon hearing
grant a temporary restraining order or a preliminary or
permanent injunction, without bond, restraining any person who
owns, manages, or has any equitable interest in the property,
from collecting, receiving or benefiting from any rents or
other monies available from the property, so long as the
property remains in a condition which endangers the health or
safety of any person.
    (b) The court may order any rents or other monies owed to
be paid into an escrow account. The funds are to be paid out of
the escrow account only to satisfy the reasonable cost of
necessary repairs of the property which had been incurred or
will be incurred in ameliorating the condition of the property
as described in subsection (a), payment of delinquent real
estate taxes on the property or payment of other legal debts
relating to the property. The court may order that funds remain
in escrow for a reasonable time after the completion of all
necessary repairs to assure continued upkeep of the property
and satisfaction of other outstanding legal debts of the
property.
    (c) The owner shall be responsible for contracting to have
necessary repairs completed and shall be required to submit all
bills, together with certificates of completion, to the manager
of the escrow account within 30 days after their receipt by the
owner.
    (d) In contracting for any repairs required pursuant to
this Section the owner of the property shall enter into a
contract only after receiving bids from at least 3 independent
contractors capable of making the necessary repairs. If the
owner does not contract for the repairs with the lowest bidder,
he shall file an affidavit with the court explaining why the
lowest bid was not acceptable. At no time, under the provisions
of this Section Act, shall the owner contract with anyone who
is not a licensed contractor, except that a contractor need not
be licensed if neither the State nor the county, township, or
municipality where the residential real estate is located
requires that the contractor be licensed. The court may order
release of those funds in the escrow account that are in excess
of the monies that the court determines to its satisfaction are
needed to correct the condition of the property as described in
subsection (a).
    For the purposes of this Section, "licensed contractor"
means: (i) a contractor licensed by the State, if the State
requires the licensure of the contractor; or (ii) a contractor
licensed by the county, township, or municipality where the
residential real estate is located, if that jurisdiction
requires the licensure of the contractor.
    (e) The Clerk of the Circuit Court shall maintain a
separate trust account entitled "Property Improvement Trust
Account", which shall serve as the depository for the escrowed
funds prescribed by this Section. The Clerk of the Court shall
be responsible for the receipt, disbursement, monitoring and
maintenance of all funds entrusted to this account, and shall
provide to the court a quarterly accounting of the activities
for any property, with funds in such account, unless the court
orders accountings on a more frequent basis.
    The Clerk of the Circuit Court shall promulgate rules and
procedures to administer the provisions of this Act.
    (f) Nothing in this Section shall in any way be construed
to limit or alter any existing liability incurred, or to be
incurred, by the owner or manager except as expressly provided
in this Act. Nor shall anything in this Section be construed to
create any liability on behalf of the Clerk of the Court, the
State's Attorney's office or any other governmental agency
involved in this action.
    Nor shall anything in this Section be construed to
authorize tenants to refrain from paying rent.
    (g) Costs. As part of the costs of an action under this
Section, the court shall assess a reasonable fee against the
defendant to be paid to the Clerk of the Circuit Court. This
amount is to be used solely for the maintenance of the Property
Improvement Trust Account. No money obtained directly or
indirectly from the property subject to the case may be used to
satisfy this cost.
    (h) The municipal building department or other entity
responsible for inspection of property and the enforcement of
such local requirements shall, within 5 business days of a
request by the State's Attorney, provide all documents
requested, which shall include, but not be limited to, all
records of inspections, permits and other information relating
to any property.
(Source: P.A. 88-240.)
 
    (720 ILCS 5/12-5.3)   (was 720 ILCS 5/12-2.6)
    Sec. 12-5.3 12-2.6. Use of a dangerous place for the
commission of a controlled substance or cannabis offense.
    (a) A person commits the offense of use of a dangerous
place for the commission of a controlled substance or cannabis
offense when that person knowingly exercises control over any
place with the intent to use that place to manufacture,
produce, deliver, or possess with intent to deliver a
controlled or counterfeit substance or controlled substance
analog in violation of Section 401 of the Illinois Controlled
Substances Act or to manufacture, produce, deliver, or possess
with intent to deliver cannabis in violation of Section 5, 5.1,
5.2, 7, or 8 of the Cannabis Control Act and:
        (1) the place, by virtue of the presence of the
    substance or substances used or intended to be used to
    manufacture a controlled or counterfeit substance,
    controlled substance analog, or cannabis, presents a
    substantial risk of injury to any person from fire,
    explosion, or exposure to toxic or noxious chemicals or
    gas; or
        (2) the place used or intended to be used to
    manufacture, produce, deliver, or possess with intent to
    deliver a controlled or counterfeit substance, controlled
    substance analog, or cannabis has located within it or
    surrounding it devices, weapons, chemicals, or explosives
    designed, hidden, or arranged in a manner that would cause
    a person to be exposed to a substantial risk of great
    bodily harm.
    (b) It may be inferred that a place was intended to be used
to manufacture a controlled or counterfeit substance or
controlled substance analog if a substance containing a
controlled or counterfeit substance or controlled substance
analog or a substance containing a chemical important to the
manufacture of a controlled or counterfeit substance or
controlled substance analog is found at the place of the
alleged illegal controlled substance manufacturing in close
proximity to equipment or a chemical used for facilitating the
manufacture of the controlled or counterfeit substance or
controlled substance analog that is alleged to have been
intended to be manufactured.
    (c) As used in this Section, "place" means a premises,
conveyance, or location that offers seclusion, shelter, means,
or facilitation for manufacturing, producing, possessing, or
possessing with intent to deliver a controlled or counterfeit
substance, controlled substance analog, or cannabis.
    (d) Use of a dangerous place for the commission of a
controlled substance or cannabis offense is a Class 1 felony.
(Source: P.A. 93-516, eff. 1-1-04; 94-743, eff. 5-8-06.)
 
    (720 ILCS 5/12-5.5)
    Sec. 12-5.5. Common carrier recklessness carriers; gross
neglect.
    (a) A person commits common carrier recklessness when he or
she, Whoever, having personal management or control of or over
a steamboat or other public conveyance used for the common
carriage of persons, recklessly endangers the safety of others.
    (b) Sentence. Common carrier recklessness is is guilty of
gross carelessness or neglect in, or in relation to, the
conduct, management, or control of the steamboat or other
public conveyance, while being so used for the common carriage
of persons, in which the safety of any person is endangered is
guilty of a Class 4 felony.
(Source: P.A. 89-234, eff. 1-1-96.)
 
    (720 ILCS 5/Art.12, Subdiv. 15 heading new)
SUBDIVISION 15. INTIMIDATION

 
    (720 ILCS 5/12-6)  (from Ch. 38, par. 12-6)
    Sec. 12-6. Intimidation.
    (a) A person commits intimidation when, with intent to
cause another to perform or to omit the performance of any act,
he or she communicates to another, directly or indirectly by
any means whether in person, by telephone or by mail, a threat
to perform without lawful authority any of the following acts:
        (1) Inflict physical harm on the person threatened or
    any other person or on property; or
        (2) Subject any person to physical confinement or
    restraint; or
        (3) Commit a felony or Class A misdemeanor any criminal
    offense; or
        (4) Accuse any person of an offense; or
        (5) Expose any person to hatred, contempt or ridicule;
    or
        (6) Take action as a public official against anyone or
    anything, or withhold official action, or cause such action
    or withholding; or
        (7) Bring about or continue a strike, boycott or other
    collective action.
    (b) Sentence.
    Intimidation is a Class 3 felony for which an offender may
be sentenced to a term of imprisonment of not less than 2 years
and not more than 10 years.
(Source: P.A. 91-696, eff. 4-13-00.)
 
    (720 ILCS 5/12-6.2)
    Sec. 12-6.2. Aggravated intimidation.
    (a) A person commits the offense of aggravated intimidation
when he or she commits the offense of intimidation and:
        (1) the person committed the offense in furtherance of
    the activities of an organized gang or because of by the
    person's membership in or allegiance to an organized gang;
    or
        (2) the offense is committed with the intent to prevent
    any person from becoming a community policing volunteer; or
        (3) the following conditions are met:
            (A) the person knew that the victim was: (i) a
        peace officer, (ii) a correctional institution
        employee, (iii) a fireman, ; or (iv) a community
        policing volunteer; and
            (B) the offense was committed:
                (i) while the victim was engaged in the
            execution of his or her official duties; or
                (ii) to prevent the victim from performing his
            or her official duties;
                (iii) in retaliation for the victim's
            performance of his or her official duties; or
                (iv) by reason of any person's activity as a
            community policing volunteer.
    (b) Sentence. Aggravated intimidation as defined in
paragraph (a)(1) is a Class 1 felony. Aggravated intimidation
as defined in paragraph (a)(2) or (a)(3) is a Class 2 felony
for which the offender may be sentenced to a term of
imprisonment of not less than 3 years nor more than 14 years.
    (c) (Blank). For the purposes of this Section,
"streetgang", "streetgang member", and "organized gang" have
the meanings ascribed to them in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(Source: P.A. 89-631, eff. 1-1-97; 90-651, eff. 1-1-99; 90-655,
eff. 7-30-98.)
 
    (720 ILCS 5/12-6.4)
    Sec. 12-6.4. Criminal street gang recruitment on school
grounds or public property adjacent to school grounds and
criminal street gang recruitment of a minor.
    (a) A person commits the offense of criminal street gang
recruitment on school grounds or public property adjacent to
school grounds when on school grounds or public property
adjacent to school grounds, he or she knowingly threatens the
use of physical force to coerce, solicit, recruit, or induce
another person to join or remain a member of a criminal street
gang, or conspires to do so.
    (a-5) A person commits the offense of criminal street gang
recruitment of a minor when he or she threatens the use of
physical force to coerce, solicit, recruit, or induce another
person to join or remain a member of a criminal street gang, or
conspires to do so, whether or not such threat is communicated
in person, by means of the Internet, or by means of a
telecommunications device.
    (b) Sentence. Criminal street gang recruitment on school
grounds or public property adjacent to school grounds is a
Class 1 felony and criminal street gang recruitment of a minor
is a Class 1 felony.
    (c) In this Section:
        "Criminal street gang" has the meaning ascribed to it
    in Section 10 of the Illinois Streetgang Terrorism Omnibus
    Prevention Act.
        "School grounds" means the building or buildings or
    real property comprising a public or private elementary or
    secondary school, community college, college, or
    university and includes a school yard, school playing
    field, or school playground.
        "Minor" means any person under 18 years of age.
        "Internet" means an interactive computer service or
    system or an information service, system, or access
    software provider that provides or enables computer access
    by multiple users to a computer server, and includes, but
    is not limited to, an information service, system, or
    access software provider that provides access to a network
    system commonly known as the Internet, or any comparable
    system or service and also includes, but is not limited to,
    a World Wide Web page, newsgroup, message board, mailing
    list, or chat area on any interactive computer service or
    system or other online service.
        "Telecommunications device" means a device that is
    capable of receiving or transmitting speech, data,
    signals, text, images, sounds, codes, or other information
    including, but not limited to, paging devices, telephones,
    and cellular and mobile telephones.
(Source: P.A. 96-199, eff. 1-1-10.)
 
    (720 ILCS 5/12-6.5)   (was 720 ILCS 5/12-6.1)
    Sec. 12-6.5 12-6.1. Compelling organization membership of
persons. A person who knowingly, expressly or impliedly,
threatens to do bodily harm or does bodily harm to an
individual or to that individual's family or uses any other
criminally unlawful means to solicit or cause any person to
join, or deter any person from leaving, any organization or
association regardless of the nature of such organization or
association, is guilty of a Class 2 felony.
    Any person of the age of 18 years or older who knowingly,
expressly or impliedly, threatens to do bodily harm or does
bodily harm to a person under 18 years of age or uses any other
criminally unlawful means to solicit or cause any person under
18 years of age to join, or deter any person under 18 years of
age from leaving, any organization or association regardless of
the nature of such organization or association is guilty of a
Class 1 felony.
    A person convicted of an offense under this Section shall
not be eligible to receive a sentence of probation, conditional
discharge, or periodic imprisonment.
(Source: P.A. 91-696, eff. 4-13-00.)
 
    (720 ILCS 5/12-7)  (from Ch. 38, par. 12-7)
    Sec. 12-7. Compelling confession or information by force or
threat.
    (a) A person who, with intent to obtain a confession,
statement or information regarding any offense, knowingly
inflicts or threatens imminent bodily harm upon the person
threatened or upon any other person commits the offense of
compelling a confession or information by force or threat.
    (b) Sentence.
    Compelling a confession or information is a: (1) Class 4
felony if the defendant threatens imminent bodily harm to
obtain a confession, statement, or information but does not
inflict bodily harm on the victim, (2) Class 3 felony if the
defendant inflicts bodily harm on the victim to obtain a
confession, statement, or information, and (3) Class 2 felony
if the defendant inflicts great bodily harm to obtain a
confession, statement, or information.
(Source: P.A. 94-1113, eff. 1-1-08.)
 
    (720 ILCS 5/12-7.1)  (from Ch. 38, par. 12-7.1)
    Sec. 12-7.1. Hate crime.
    (a) A person commits hate crime when, by reason of the
actual or perceived race, color, creed, religion, ancestry,
gender, sexual orientation, physical or mental disability, or
national origin of another individual or group of individuals,
regardless of the existence of any other motivating factor or
factors, he commits assault, battery, aggravated assault,
misdemeanor theft, criminal trespass to residence, misdemeanor
criminal damage to property, criminal trespass to vehicle,
criminal trespass to real property, mob action or disorderly
conduct as these crimes are defined in Sections 12-1, 12-2,
12-3(a) 12-3, 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, and 26-1 of
this Code, respectively, or harassment by telephone as defined
in Section 1-1 of the Harassing and Obscene Communications Act,
or harassment through electronic communications as defined in
clauses (a)(2) and (a)(4) of Section 1-2 of the Harassing and
Obscene Communications Act.
    (b) Except as provided in subsection (b-5), hate crime is a
Class 4 felony for a first offense and a Class 2 felony for a
second or subsequent offense.
    (b-5) Hate crime is a Class 3 felony for a first offense
and a Class 2 felony for a second or subsequent offense if
committed:
        (1) in a church, synagogue, mosque, or other building,
    structure, or place used for religious worship or other
    religious purpose;
        (2) in a cemetery, mortuary, or other facility used for
    the purpose of burial or memorializing the dead;
        (3) in a school or other educational facility,
    including an administrative facility or public or private
    dormitory facility of or associated with the school or
    other educational facility;
        (4) in a public park or an ethnic or religious
    community center;
        (5) on the real property comprising any location
    specified in clauses (1) through (4) of this subsection
    (b-5); or
        (6) on a public way within 1,000 feet of the real
    property comprising any location specified in clauses (1)
    through (4) of this subsection (b-5).
    (b-10) Upon imposition of any sentence, the trial court
shall also either order restitution paid to the victim or
impose a fine up to $1,000. In addition, any order of probation
or conditional discharge entered following a conviction or an
adjudication of delinquency shall include a condition that the
offender perform public or community service of no less than
200 hours if that service is established in the county where
the offender was convicted of hate crime. The court may also
impose any other condition of probation or conditional
discharge under this Section.
    (c) Independent of any criminal prosecution or the result
thereof, any person suffering injury to his person or damage to
his property as a result of hate crime may bring a civil action
for damages, injunction or other appropriate relief. The court
may award actual damages, including damages for emotional
distress, or punitive damages. A judgment may include
attorney's fees and costs. The parents or legal guardians,
other than guardians appointed pursuant to the Juvenile Court
Act or the Juvenile Court Act of 1987, of an unemancipated
minor shall be liable for the amount of any judgment for actual
damages rendered against such minor under this subsection (c)
in any amount not exceeding the amount provided under Section 5
of the Parental Responsibility Law.
    (d) "Sexual orientation" means heterosexuality,
homosexuality, or bisexuality.
(Source: P.A. 93-463, eff. 8-8-03; 93-765, eff. 7-19-04; 94-80,
eff. 6-27-05.)
 
    (720 ILCS 5/12-7.3)  (from Ch. 38, par. 12-7.3)
    Sec. 12-7.3. Stalking.
    (a) A person commits stalking when he or she knowingly
engages in a course of conduct directed at a specific person,
and he or she knows or should know that this course of conduct
would cause a reasonable person to:
        (1) fear for his or her safety or the safety of a third
    person; or
        (2) suffer other emotional distress.
    (a-3) A person commits stalking when he or she, knowingly
and without lawful justification, on at least 2 separate
occasions follows another person or places the person under
surveillance or any combination thereof and:
        (1) at any time transmits a threat of immediate or
    future bodily harm, sexual assault, confinement or
    restraint and the threat is directed towards that person or
    a family member of that person; or
        (2) places that person in reasonable apprehension of
    immediate or future bodily harm, sexual assault,
    confinement or restraint to or of that person or a family
    member of that person. ; or
        (3) places that person in reasonable apprehension that
    a family member will receive immediate or future bodily
    harm, sexual assault, confinement, or restraint.
    (a-5) A person commits stalking when he or she has
previously been convicted of stalking another person and
knowingly and without lawful justification on one occasion:
        (1) follows that same person or places that same person
    under surveillance; and
        (2) transmits a threat of immediate or future bodily
    harm, sexual assault, confinement or restraint to that
    person or a family member of that person. ; and
        (3) the threat is directed towards that person or a
    family member of that person.
    (b) Sentence. Stalking is a Class 4 felony; a . A second or
subsequent conviction for stalking is a Class 3 felony.
    (c) Definitions. For purposes of this Section:
        (1) "Course of conduct" means 2 or more acts, including
    but not limited to acts in which a defendant directly,
    indirectly, or through third parties, by any action,
    method, device, or means follows, monitors, observes,
    surveils, threatens, or communicates to or about, a person,
    engages in other non-consensual contact, or interferes
    with or damages a person's property or pet. A course of
    conduct may include contact via electronic communications.
        (2) "Electronic communication" means any transfer of
    signs, signals, writings, sounds, data, or intelligence of
    any nature transmitted in whole or in part by a wire,
    radio, electromagnetic, photoelectric, or photo-optical
    system. "Electronic communication" includes transmissions
    by a computer through the Internet to another computer.
        (3) "Emotional distress" means significant mental
    suffering, anxiety or alarm.
        (4) "Family member" means a parent, grandparent,
    brother, sister, or child, whether by whole blood,
    half-blood, or adoption and includes a step-grandparent,
    step-parent, step-brother, step-sister or step-child.
    "Family member" also means any other person who regularly
    resides in the household, or who, within the prior 6
    months, regularly resided in the household.
        (5) "Follows another person" means (i) to move in
    relative proximity to a person as that person moves from
    place to place or (ii) to remain in relative proximity to a
    person who is stationary or whose movements are confined to
    a small area. "Follows another person" does not include a
    following within the residence of the defendant.
        (6) "Non-consensual contact" means any contact with
    the victim that is initiated or continued without the
    victim's consent, including but not limited to being in the
    physical presence of the victim; appearing within the sight
    of the victim; approaching or confronting the victim in a
    public place or on private property; appearing at the
    workplace or residence of the victim; entering onto or
    remaining on property owned, leased, or occupied by the
    victim; or placing an object on, or delivering an object
    to, property owned, leased, or occupied by the victim.
        (7) "Places a person under surveillance" means: (1)
    remaining present outside the person's school, place of
    employment, vehicle, other place occupied by the person, or
    residence other than the residence of the defendant; or (2)
    placing an electronic tracking device on the person or the
    person's property.
        (8) "Reasonable person" means a person in the victim's
    situation.
        (9) "Transmits a threat" means a verbal or written
    threat or a threat implied by a pattern of conduct or a
    combination of verbal or written statements or conduct.
    (d) Exemptions.
        (1) This Section does not apply to any individual or
    organization (i) monitoring or attentive to compliance
    with public or worker safety laws, wage and hour
    requirements, or other statutory requirements, or (ii)
    picketing occurring at the workplace that is otherwise
    lawful and arises out of a bona fide labor dispute,
    including any controversy concerning wages, salaries,
    hours, working conditions or benefits, including health
    and welfare, sick leave, insurance, and pension or
    retirement provisions, the making or maintaining of
    collective bargaining agreements, and the terms to be
    included in those agreements.
        (2) This Section does not apply to an exercise of the
    right to free speech or assembly that is otherwise lawful.
        (3) Telecommunications carriers, commercial mobile
    service providers, and providers of information services,
    including, but not limited to, Internet service providers
    and hosting service providers, are not liable under this
    Section, except for willful and wanton misconduct, by
    virtue of the transmission, storage, or caching of
    electronic communications or messages of others or by
    virtue of the provision of other related
    telecommunications, commercial mobile services, or
    information services used by others in violation of this
    Section.
    (d-5) The incarceration of a person in a penal institution
who commits the course of conduct or transmits a threat is not
a bar to prosecution under this Section.
(Source: P.A. 95-33, eff. 1-1-08; 96-686, eff. 1-1-10.)
 
    (720 ILCS 5/12-7.4)  (from Ch. 38, par. 12-7.4)
    Sec. 12-7.4. Aggravated stalking.
    (a) A person commits aggravated stalking when he or she
commits , in conjunction with committing the offense of stalking
and , also does any of the following:
        (1) causes bodily harm to the victim;
        (2) confines or restrains the victim; or
        (3) violates a temporary restraining order, an order of
    protection, a stalking no contact order, a civil no contact
    order, or an injunction prohibiting the behavior described
    in subsection (b)(1) of Section 214 of the Illinois
    Domestic Violence Act of 1986.
    (b) Sentence. Aggravated stalking is a Class 3 felony; a . A
second or subsequent conviction for aggravated stalking is a
Class 2 felony.
    (c) Exemptions.
        (1) This Section does not apply to any individual or
    organization (i) monitoring or attentive to compliance
    with public or worker safety laws, wage and hour
    requirements, or other statutory requirements, or (ii)
    picketing occurring at the workplace that is otherwise
    lawful and arises out of a bona fide labor dispute
    including any controversy concerning wages, salaries,
    hours, working conditions or benefits, including health
    and welfare, sick leave, insurance, and pension or
    retirement provisions, the managing or maintenance of
    collective bargaining agreements, and the terms to be
    included in those agreements.
        (2) This Section does not apply to an exercise of the
    right of free speech or assembly that is otherwise lawful.
        (3) Telecommunications carriers, commercial mobile
    service providers, and providers of information services,
    including, but not limited to, Internet service providers
    and hosting service providers, are not liable under this
    Section, except for willful and wanton misconduct, by
    virtue of the transmission, storage, or caching of
    electronic communications or messages of others or by
    virtue of the provision of other related
    telecommunications, commercial mobile services, or
    information services used by others in violation of this
    Section.
(Source: P.A. 96-686, eff. 1-1-10.)
 
    (720 ILCS 5/12-7.5)
    Sec. 12-7.5. Cyberstalking.
    (a) A person commits cyberstalking when he or she engages
in a course of conduct using electronic communication directed
at a specific person, and he or she knows or should know that
would cause a reasonable person to:
        (1) fear for his or her safety or the safety of a third
    person; or
        (2) suffer other emotional distress.
    (a-3) A person commits cyberstalking when he or she,
knowingly and without lawful justification, on at least 2
separate occasions, harasses another person through the use of
electronic communication and:
        (1) at any time transmits a threat of immediate or
    future bodily harm, sexual assault, confinement, or
    restraint and the threat is directed towards that person or
    a family member of that person; or
        (2) places that person or a family member of that
    person in reasonable apprehension of immediate or future
    bodily harm, sexual assault, confinement, or restraint; or
        (3) at any time knowingly solicits the commission of an
    act by any person which would be a violation of this Code
    directed towards that person or a family member of that
    person.
    (a-5) A person commits cyberstalking when he or she,
knowingly and without lawful justification, creates and
maintains an Internet website or webpage which is accessible to
one or more third parties for a period of at least 24 hours,
and which contains statements harassing another person and:
        (1) which communicates a threat of immediate or future
    bodily harm, sexual assault, confinement, or restraint,
    where the threat is directed towards that person or a
    family member of that person, or
        (2) which places that person or a family member of that
    person in reasonable apprehension of immediate or future
    bodily harm, sexual assault, confinement, or restraint, or
        (3) which knowingly solicits the commission of an act
    by any person which would be a violation of this Code
    directed towards that person or a family member of that
    person.
    (b) Sentence. Cyberstalking is a Class 4 felony; a . A
second or subsequent conviction for cyberstalking is a Class 3
felony.
    (c) For purposes of this Section:
        (1) "Course of conduct" means 2 or more acts, including
    but not limited to acts in which a defendant directly,
    indirectly, or through third parties, by any action,
    method, device, or means follows, monitors, observes,
    surveils, threatens, or communicates to or about, a person,
    engages in other non-consensual contact, or interferes
    with or damages a person's property or pet. The
    incarceration in a penal institution of a person who
    commits the course of conduct is not a bar to prosecution
    under this Section.
        (2) "Electronic communication" means any transfer of
    signs, signals, writings, sounds, data, or intelligence of
    any nature transmitted in whole or in part by a wire,
    radio, electromagnetic, photoelectric, or photo-optical
    system. "Electronic communication" includes transmissions
    by a computer through the Internet to another computer.
        (3) "Emotional distress" means significant mental
    suffering, anxiety or alarm.
        (4) "Harass" means to engage in a knowing and willful
    course of conduct directed at a specific person that
    alarms, torments, or terrorizes that person.
        (5) "Non-consensual contact" means any contact with
    the victim that is initiated or continued without the
    victim's consent, including but not limited to being in the
    physical presence of the victim; appearing within the sight
    of the victim; approaching or confronting the victim in a
    public place or on private property; appearing at the
    workplace or residence of the victim; entering onto or
    remaining on property owned, leased, or occupied by the
    victim; or placing an object on, or delivering an object
    to, property owned, leased, or occupied by the victim.
        (6) "Reasonable person" means a person in the victim's
    circumstances, with the victim's knowledge of the
    defendant and the defendant's prior acts.
        (7) "Third party" means any person other than the
    person violating these provisions and the person or persons
    towards whom the violator's actions are directed.
    (d) Telecommunications carriers, commercial mobile service
providers, and providers of information services, including,
but not limited to, Internet service providers and hosting
service providers, are not liable under this Section, except
for willful and wanton misconduct, by virtue of the
transmission, storage, or caching of electronic communications
or messages of others or by virtue of the provision of other
related telecommunications, commercial mobile services, or
information services used by others in violation of this
Section.
(Source: P.A. 95-849, eff. 1-1-09; 96-328, eff. 8-11-09;
96-686, eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
    (720 ILCS 5/12-7.6)
    Sec. 12-7.6. Cross burning.
    (a) A person commits the offense of cross burning when he
or she who, with the intent to intimidate any other person or
group of persons, burns or causes to be burned a cross.
    (b) Sentence. Cross burning is a Class A misdemeanor for a
first offense and a Class 4 felony for a second or subsequent
offense.
    (c) For the purposes of this Section, a person acts with
the "intent to intimidate" when he or she intentionally places
or attempts to place another person in fear of physical injury
or fear of damage to that other person's property.
(Source: P.A. 93-764, eff. 1-1-05.)
 
    (720 ILCS 5/12-9)  (from Ch. 38, par. 12-9)
    Sec. 12-9. Threatening public officials.
    (a) A person commits the offense of threatening a public
official when:
        (1) that person knowingly and willfully delivers or
    conveys, directly or indirectly, to a public official by
    any means a communication:
            (i) containing a threat that would place the public
        official or a member of his or her immediate family in
        reasonable apprehension of immediate or future bodily
        harm, sexual assault, confinement, or restraint; or
            (ii) containing a threat that would place the
        public official or a member of his or her immediate
        family in reasonable apprehension that damage will
        occur to property in the custody, care, or control of
        the public official or his or her immediate family; and
        (2) the threat was conveyed because of the performance
    or nonperformance of some public duty, because of hostility
    of the person making the threat toward the status or
    position of the public official, or because of any other
    factor related to the official's public existence.
    (a-5) For purposes of a threat to a sworn law enforcement
officer, the threat must contain specific facts indicative of a
unique threat to the person, family or property of the officer
and not a generalized threat of harm.
    (b) For purposes of this Section:
        (1) "Public official" means a person who is elected to
    office in accordance with a statute or who is appointed to
    an office which is established, and the qualifications and
    duties of which are prescribed, by statute, to discharge a
    public duty for the State or any of its political
    subdivisions or in the case of an elective office any
    person who has filed the required documents for nomination
    or election to such office. "Public official" includes a
    duly appointed assistant State's Attorney, assistant
    Attorney General, or Appellate Prosecutor, and a sworn law
    enforcement or peace officer.
        (2) "Immediate family" means a public official's
    spouse or child or children.
    (c) Threatening a public official is a Class 3 felony for a
first offense and a Class 2 felony for a second or subsequent
offense.
(Source: P.A. 95-466, eff. 6-1-08.)
 
    (720 ILCS 5/Art.12, Subdiv. 20 heading new)
SUBDIVISION 20. MUTILATION

 
    (720 ILCS 5/12-10.2)
    Sec. 12-10.2. Tongue splitting.
    (a) In this Section, "tongue splitting" means the cutting
of a human tongue into 2 or more parts.
    (b) A person may not knowingly perform tongue splitting on
another person unless the person performing the tongue
splitting is licensed to practice medicine in all its branches
under the Medical Practice Act of 1987 or licensed under the
Illinois Dental Practice Act.
    (c) Sentence. Tongue splitting performed in violation of
this Section is a Class A misdemeanor for a first offense and a
Class 4 felony for a second or subsequent offense.
(Source: P.A. 93-449, eff. 1-1-04.)
 
    (720 ILCS 5/12-20)  (from Ch. 38, par. 12-20)
    Sec. 12-20. Sale of body parts.
    (a) Except as provided in subsection (b), any person who
knowingly buys or sells, or offers to buy or sell, a human body
or any part of a human body, is guilty of a Class A misdemeanor
for the first conviction and a Class 4 felony for subsequent
convictions.
    (b) This Section does not prohibit:
        (1) An anatomical gift made in accordance with the
    Illinois Anatomical Gift Act.
        (2) (Blank). The removal and use of a human cornea in
    accordance with the Illinois Anatomical Gift Act.
        (3) Reimbursement of actual expenses incurred by a
    living person in donating an organ, tissue or other body
    part or fluid for transplantation, implantation, infusion,
    injection, or other medical or scientific purpose,
    including medical costs, loss of income, and travel
    expenses.
        (4) Payments provided under a plan of insurance or
    other health care coverage.
        (5) Reimbursement of reasonable costs associated with
    the removal, storage or transportation of a human body or
    part thereof donated for medical or scientific purposes.
        (6) Purchase or sale of blood, plasma, blood products
    or derivatives, other body fluids, or human hair.
        (7) Purchase or sale of drugs, reagents or other
    substances made from human bodies or body parts, for use in
    medical or scientific research, treatment or diagnosis.
(Source: P.A. 93-794, eff. 7-22-04.)
 
    (720 ILCS 5/12-20.5)
    Sec. 12-20.5. Dismembering a human body.
    (a) A person commits the offense of dismembering a human
body when he or she knowingly dismembers, severs, separates,
dissects, or mutilates any body part of a deceased's body.
    (b) This Section does not apply to:
        (1) an anatomical gift made in accordance with the
    Illinois Anatomical Gift Act;
        (2) (blank); the removal and use of a human cornea in
    accordance with the Illinois Anatomical Gift Act;
        (3) the purchase or sale of drugs, reagents, or other
    substances made from human body parts, for the use in
    medical or scientific research, treatment, or diagnosis;
        (4) persons employed by a county medical examiner's
    office or coroner's office acting within the scope of their
    employment while performing an autopsy;
        (5) the acts of a licensed funeral director or embalmer
    while performing acts authorized by the Funeral Directors
    and Embalmers Licensing Code;
        (6) the acts of emergency medical personnel or
    physicians performed in good faith and according to the
    usual and customary standards of medical practice in an
    attempt to resuscitate a life; or
        (7) physicians licensed to practice medicine in all of
    its branches or holding a visiting professor, physician, or
    resident permit under the Medical Practice Act of 1987,
    performing acts in accordance with usual and customary
    standards of medical practice, or a currently enrolled
    student in an accredited medical school in furtherance of
    his or her education at the accredited medical school.
    (c) It is not a defense to a violation of this Section that
the decedent died due to natural, accidental, or suicidal
causes.
    (d) Sentence. Dismembering a human body is a Class X
felony.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    (720 ILCS 5/12-32)  (from Ch. 38, par. 12-32)
    Sec. 12-32. Ritual mutilation Mutilation.
    (a) A person commits the offense of ritual mutilation, when
he or she knowingly mutilates, dismembers or tortures another
person as part of a ceremony, rite, initiation, observance,
performance or practice, and the victim did not consent or
under such circumstances that the defendant knew or should have
known that the victim was unable to render effective consent.
    (b) Ritual mutilation does not include the practice of male
circumcision or a ceremony, rite, initiation, observance, or
performance related thereto. Sentence. Ritual mutilation is a
Class 2 felony.
    (c) Sentence. Ritual mutilation is a Class 2 felony. The
offense ritual mutilation does not include the practice of male
circumcision or a ceremony, rite, initiation, observance, or
performance related thereto.
(Source: P.A. 90-88, eff. 1-1-98.)
 
    (720 ILCS 5/12-33)  (from Ch. 38, par. 12-33)
    Sec. 12-33. Ritualized abuse of a child.
    (a) A person commits is guilty of ritualized abuse of a
child when he or she knowingly commits any of the following
acts with, upon, or in the presence of a child as part of a
ceremony, rite or any similar observance:
        (1) actually or in simulation, tortures, mutilates, or
    sacrifices any warm-blooded animal or human being;
        (2) forces ingestion, injection or other application
    of any narcotic, drug, hallucinogen or anaesthetic for the
    purpose of dulling sensitivity, cognition, recollection
    of, or resistance to any criminal activity;
        (3) forces ingestion, or external application, of
    human or animal urine, feces, flesh, blood, bones, body
    secretions, nonprescribed drugs or chemical compounds;
        (4) involves the child in a mock, unauthorized or
    unlawful marriage ceremony with another person or
    representation of any force or deity, followed by sexual
    contact with the child;
        (5) places a living child into a coffin or open grave
    containing a human corpse or remains;
        (6) threatens death or serious harm to a child, his or
    her parents, family, pets, or friends that instills a
    well-founded fear in the child that the threat will be
    carried out; or
        (7) unlawfully dissects, mutilates, or incinerates a
    human corpse.
    (b) The provisions of this Section shall not be construed
to apply to:
        (1) lawful agricultural, animal husbandry, food
    preparation, or wild game hunting and fishing practices and
    specifically the branding or identification of livestock;
        (2) the lawful medical practice of male circumcision or
    any ceremony related to male circumcision;
        (3) any state or federally approved, licensed, or
    funded research project; or
        (4) the ingestion of animal flesh or blood in the
    performance of a religious service or ceremony.
    (b-5) For the purposes of this Section, "child" means any
person under 18 years of age.
    (c) Ritualized abuse of a child is a Class 1 felony for a
first offense. A second or subsequent conviction for ritualized
abuse of a child is a Class X felony for which the offender may
be sentenced to a term of natural life imprisonment.
    (d) (Blank). For the purposes of this Section, "child"
means any person under 18 years of age.
(Source: P.A. 90-88, eff. 1-1-98.)
 
    (720 ILCS 5/12-34)
    Sec. 12-34. Female genital mutilation.
    (a) Except as otherwise permitted in subsection (b),
whoever knowingly circumcises, excises, or infibulates, in
whole or in part, the labia majora, labia minora, or clitoris
of another commits the offense of female genital mutilation.
Consent to the procedure by a minor on whom it is performed or
by the minor's parent or guardian is not a defense to a
violation of this Section.
    (b) A surgical procedure is not a violation of subsection
(a) if the procedure is performed by a physician licensed to
practice medicine in all its branches and:
        (1) is necessary to the health of the person on whom it
    is performed and is performed by a physician licensed to
    practice medicine in all of its branches; or
        (2) is performed on a person who is in labor or who has
    just given birth and is performed for medical purposes
    connected with that labor or birth by a physician licensed
    to practice medicine in all of its branches.
    (c) Sentence. Female genital mutilation is a Class X
felony.
(Source: P.A. 90-88, eff. 1-1-98.)
 
    (720 ILCS 5/Art. 12, Subdiv. 25 heading new)
SUBDIVISION 25. OTHER HARM OFFENSES

 
    (720 ILCS 5/12-34.5)   (was 720 ILCS 5/12-31)
    Sec. 12-34.5 12-31. Inducement to commit suicide Commit
Suicide.
    (a) A person commits the offense of inducement to commit
suicide when he or she does either of the following:
        (1) Knowingly coerces Coerces another to commit
    suicide and the other person commits or attempts to commit
    suicide as a direct result of the coercion, and he or she
    exercises substantial control over the other person
    through (i) control of the other person's physical location
    or circumstances; (ii) use of psychological pressure; or
    (iii) use of actual or ostensible religious, political,
    social, philosophical or other principles.
        (2) With knowledge that another person intends to
    commit or attempt to commit suicide, intentionally (i)
    offers and provides the physical means by which another
    person commits or attempts to commit suicide, or (ii)
    participates in a physical act by which another person
    commits or attempts to commit suicide.
    For the purposes of this Section, "attempts to commit
suicide" means any act done with the intent to commit suicide
and which constitutes a substantial step toward commission of
suicide.
    (b) Sentence. Inducement to commit suicide under paragraph
(a)(1) when the other person commits suicide as a direct result
of the coercion is a Class 2 felony. Inducement to commit
suicide under paragraph (a)(2) when the other person commits
suicide as a direct result of the assistance provided is a
Class 4 felony. Inducement to commit suicide under paragraph
(a)(1) when the other person attempts to commit suicide as a
direct result of the coercion is a Class 3 felony. Inducement
to commit suicide under paragraph (a)(2) when the other person
attempts to commit suicide as a direct result of the assistance
provided is a Class A misdemeanor.
    (c) The lawful compliance or a good-faith attempt at lawful
compliance with the Illinois Living Will Act, the Health Care
Surrogate Act, or the Powers of Attorney for Health Care Law is
not inducement to commit suicide under paragraph (a)(2) of this
Section.
(Source: P.A. 87-1167; 88-392.)
 
    (720 ILCS 5/12-35)
    Sec. 12-35. Sexual conduct or sexual contact with an
animal.
    (a) A person may not knowingly engage in any sexual conduct
or sexual contact with an animal.
    (b) A person may not knowingly cause, aid, or abet another
person to engage in any sexual conduct or sexual contact with
an animal.
    (c) A person may not knowingly permit any sexual conduct or
sexual contact with an animal to be conducted on any premises
under his or her charge or control.
    (d) A person may not knowingly engage in, promote, aid, or
abet any activity involving any sexual conduct or sexual
contact with an animal for a commercial or recreational
purpose.
    (e) Sentence. A person who violates this Section is guilty
of a Class 4 felony. A person who violates this Section in the
presence of a person under 18 years of age or causes the animal
serious physical injury or death is guilty of a Class 3 felony.
    (f) In addition to the penalty imposed in subsection (e),
the court may order that the defendant do any of the following:
        (1) Not harbor animals or reside in any household where
    animals are present for a reasonable period of time or
    permanently, if necessary.
        (2) Relinquish and permanently forfeit all animals
    residing in the household to a recognized or duly organized
    animal shelter or humane society.
        (3) Undergo a psychological evaluation and counseling
    at defendant's expense.
        (4) Reimburse the animal shelter or humane society for
    any reasonable costs incurred for the care and maintenance
    of the animal involved in the sexual conduct or sexual
    contact in addition to any animals relinquished to the
    animal shelter or humane society.
    (g) Nothing in this Section shall be construed to prohibit
accepted animal husbandry practices or accepted veterinary
medical practices by a licensed veterinarian or certified
veterinary technician.
    (h) If the court has reasonable grounds to believe that a
violation of this Section has occurred, the court may order the
seizure of all animals involved in the alleged violation as a
condition of bond of a person charged with a violation of this
Section.
    (i) In this Section:
    "Animal" means every creature, either alive or dead, other
than a human being.
    "Sexual conduct" means any knowing touching or fondling by
a person, either directly or through clothing, of the sex
organs or anus of an animal or any transfer or transmission of
semen by the person upon any part of the animal, for the
purpose of sexual gratification or arousal of the person.
    "Sexual contact" means any contact, however slight,
between the sex organ or anus of a person and the sex organ,
mouth, or anus of an animal, or any intrusion, however slight,
of any part of the body of the person into the sex organ or anus
of an animal, for the purpose of sexual gratification or
arousal of the person. Evidence of emission of semen is not
required to prove sexual contact.
(Source: P.A. 92-721, eff. 1-1-03.)
 
    (720 ILCS 5/12-4.1 rep.)
    (720 ILCS 5/12-4.2 rep.)
    (720 ILCS 5/12-4.2-5 rep.)
    (720 ILCS 5/12-4.3 rep.)
    (720 ILCS 5/12-4.4 rep.)
    (720 ILCS 5/12-4.6 rep.)
    (720 ILCS 5/12-4.7 rep.)
    (720 ILCS 5/12-4.8 rep.)
    (720 ILCS 5/12-19 rep.)
    (720 ILCS 5/12-21 rep.)
    (720 ILCS 5/Art. 45 heading rep.)
    Section 10. The Criminal Code of 1961 is amended by
repealing Sections 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
12-4.6, 12-4.7, 12-4.8, 12-19, and 12-21 and the heading of
Article 45.
 
    Section 900. The Children and Family Services Act is
amended by changing Section 7 as follows:
 
    (20 ILCS 505/7)  (from Ch. 23, par. 5007)
    Sec. 7. Placement of children; considerations.
    (a) In placing any child under this Act, the Department
shall place such child, as far as possible, in the care and
custody of some individual holding the same religious belief as
the parents of the child, or with some child care facility
which is operated by persons of like religious faith as the
parents of such child.
    (b) In placing a child under this Act, the Department may
place a child with a relative if the Department determines that
the relative will be able to adequately provide for the child's
safety and welfare based on the factors set forth in the
Department's rules governing relative placements, and that the
placement is consistent with the child's best interests, taking
into consideration the factors set out in subsection (4.05) of
Section 1-3 of the Juvenile Court Act of 1987.
    When the Department first assumes custody of a child, in
placing that child under this Act, the Department shall make
reasonable efforts to identify and locate a relative who is
ready, willing, and able to care for the child. At a minimum,
these efforts shall be renewed each time the child requires a
placement change and it is appropriate for the child to be
cared for in a home environment. The Department must document
its efforts to identify and locate such a relative placement
and maintain the documentation in the child's case file.
    If the Department determines that a placement with any
identified relative is not in the child's best interests or
that the relative does not meet the requirements to be a
relative caregiver, as set forth in Department rules or by
statute, the Department must document the basis for that
decision and maintain the documentation in the child's case
file.
    If, pursuant to the Department's rules, any person files an
administrative appeal of the Department's decision not to place
a child with a relative, it is the Department's burden to prove
that the decision is consistent with the child's best
interests.
    When the Department determines that the child requires
placement in an environment, other than a home environment, the
Department shall continue to make reasonable efforts to
identify and locate relatives to serve as visitation resources
for the child and potential future placement resources, except
when the Department determines that those efforts would be
futile or inconsistent with the child's best interests.
    If the Department determines that efforts to identify and
locate relatives would be futile or inconsistent with the
child's best interests, the Department shall document the basis
of its determination and maintain the documentation in the
child's case file.
    If the Department determines that an individual or a group
of relatives are inappropriate to serve as visitation resources
or possible placement resources, the Department shall document
the basis of its determination and maintain the documentation
in the child's case file.
    When the Department determines that an individual or a
group of relatives are appropriate to serve as visitation
resources or possible future placement resources, the
Department shall document the basis of its determination,
maintain the documentation in the child's case file, create a
visitation or transition plan, or both, and incorporate the
visitation or transition plan, or both, into the child's case
plan. For the purpose of this subsection, any determination as
to the child's best interests shall include consideration of
the factors set out in subsection (4.05) of Section 1-3 of the
Juvenile Court Act of 1987.
    The Department may not place a child with a relative, with
the exception of certain circumstances which may be waived as
defined by the Department in rules, if the results of a check
of the Law Enforcement Agencies Data System (LEADS) identifies
a prior criminal conviction of the relative or any adult member
of the relative's household for any of the following offenses
under the Criminal Code of 1961:
        (1) murder;
        (1.1) solicitation of murder;
        (1.2) solicitation of murder for hire;
        (1.3) intentional homicide of an unborn child;
        (1.4) voluntary manslaughter of an unborn child;
        (1.5) involuntary manslaughter;
        (1.6) reckless homicide;
        (1.7) concealment of a homicidal death;
        (1.8) involuntary manslaughter of an unborn child;
        (1.9) reckless homicide of an unborn child;
        (1.10) drug-induced homicide;
        (2) a sex offense under Article 11, except offenses
    described in Sections 11-7, 11-8, 11-12, and 11-13;
        (3) kidnapping;
        (3.1) aggravated unlawful restraint;
        (3.2) forcible detention;
        (3.3) aiding and abetting child abduction;
        (4) aggravated kidnapping;
        (5) child abduction;
        (6) aggravated battery of a child as described in
    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
        (7) criminal sexual assault;
        (8) aggravated criminal sexual assault;
        (8.1) predatory criminal sexual assault of a child;
        (9) criminal sexual abuse;
        (10) aggravated sexual abuse;
        (11) heinous battery as described in Section 12-4.1 or
    subdivision (a)(2) of Section 12-3.05;
        (12) aggravated battery with a firearm as described in
    Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
    (e)(4) of Section 12-3.05;
        (13) tampering with food, drugs, or cosmetics;
        (14) drug-induced infliction of great bodily harm as
    described in Section 12-4.7 or subdivision (g)(1) of
    Section 12-3.05;
        (15) aggravated stalking;
        (16) home invasion;
        (17) vehicular invasion;
        (18) criminal transmission of HIV;
        (19) criminal abuse or neglect of an elderly or
    disabled person as described in Section 12-21 or subsection
    (b) of Section 12-4.4a;
        (20) child abandonment;
        (21) endangering the life or health of a child;
        (22) ritual mutilation;
        (23) ritualized abuse of a child;
        (24) an offense in any other state the elements of
    which are similar and bear a substantial relationship to
    any of the foregoing offenses.
For the purpose of this subsection, "relative" shall include
any person, 21 years of age or over, other than the parent, who
(i) is currently related to the child in any of the following
ways by blood or adoption: grandparent, sibling,
great-grandparent, uncle, aunt, nephew, niece, first cousin,
second cousin, godparent, great-uncle, or great-aunt; or (ii)
is the spouse of such a relative; or (iii) is the child's
step-father, step-mother, or adult step-brother or
step-sister; "relative" also includes a person related in any
of the foregoing ways to a sibling of a child, even though the
person is not related to the child, when the child and its
sibling are placed together with that person. For children who
have been in the guardianship of the Department, have been
adopted, and are subsequently returned to the temporary custody
or guardianship of the Department, a "relative" may also
include any person who would have qualified as a relative under
this paragraph prior to the adoption, but only if the
Department determines, and documents, that it would be in the
child's best interests to consider this person a relative,
based upon the factors for determining best interests set forth
in subsection (4.05) of Section 1-3 of the Juvenile Court Act
of 1987. A relative with whom a child is placed pursuant to
this subsection may, but is not required to, apply for
licensure as a foster family home pursuant to the Child Care
Act of 1969; provided, however, that as of July 1, 1995, foster
care payments shall be made only to licensed foster family
homes pursuant to the terms of Section 5 of this Act.
    (c) In placing a child under this Act, the Department shall
ensure that the child's health, safety, and best interests are
met. In rejecting placement of a child with an identified
relative, the Department shall ensure that the child's health,
safety, and best interests are met. In evaluating the best
interests of the child, the Department shall take into
consideration the factors set forth in subsection (4.05) of
Section 1-3 of the Juvenile Court Act of 1987.
    The Department shall consider the individual needs of the
child and the capacity of the prospective foster or adoptive
parents to meet the needs of the child. When a child must be
placed outside his or her home and cannot be immediately
returned to his or her parents or guardian, a comprehensive,
individualized assessment shall be performed of that child at
which time the needs of the child shall be determined. Only if
race, color, or national origin is identified as a legitimate
factor in advancing the child's best interests shall it be
considered. Race, color, or national origin shall not be
routinely considered in making a placement decision. The
Department shall make special efforts for the diligent
recruitment of potential foster and adoptive families that
reflect the ethnic and racial diversity of the children for
whom foster and adoptive homes are needed. "Special efforts"
shall include contacting and working with community
organizations and religious organizations and may include
contracting with those organizations, utilizing local media
and other local resources, and conducting outreach activities.
    (c-1) At the time of placement, the Department shall
consider concurrent planning, as described in subsection (l-1)
of Section 5, so that permanency may occur at the earliest
opportunity. Consideration should be given so that if
reunification fails or is delayed, the placement made is the
best available placement to provide permanency for the child.
    (d) The Department may accept gifts, grants, offers of
services, and other contributions to use in making special
recruitment efforts.
    (e) The Department in placing children in adoptive or
foster care homes may not, in any policy or practice relating
to the placement of children for adoption or foster care,
discriminate against any child or prospective adoptive or
foster parent on the basis of race.
(Source: P.A. 94-880, eff. 8-1-06.)
 
    Section 905. The Criminal Identification Act is amended by
changing Sections 2.1 and 5.2 as follows:
 
    (20 ILCS 2630/2.1)  (from Ch. 38, par. 206-2.1)
    Sec. 2.1. For the purpose of maintaining complete and
accurate criminal records of the Department of State Police, it
is necessary for all policing bodies of this State, the clerk
of the circuit court, the Illinois Department of Corrections,
the sheriff of each county, and State's Attorney of each county
to submit certain criminal arrest, charge, and disposition
information to the Department for filing at the earliest time
possible. Unless otherwise noted herein, it shall be the duty
of all policing bodies of this State, the clerk of the circuit
court, the Illinois Department of Corrections, the sheriff of
each county, and the State's Attorney of each county to report
such information as provided in this Section, both in the form
and manner required by the Department and within 30 days of the
criminal history event. Specifically:
    (a) Arrest Information. All agencies making arrests for
offenses which are required by statute to be collected,
maintained or disseminated by the Department of State Police
shall be responsible for furnishing daily to the Department
fingerprints, charges and descriptions of all persons who are
arrested for such offenses. All such agencies shall also notify
the Department of all decisions by the arresting agency not to
refer such arrests for prosecution. With approval of the
Department, an agency making such arrests may enter into
arrangements with other agencies for the purpose of furnishing
daily such fingerprints, charges and descriptions to the
Department upon its behalf.
    (b) Charge Information. The State's Attorney of each county
shall notify the Department of all charges filed and all
petitions filed alleging that a minor is delinquent, including
all those added subsequent to the filing of a case, and whether
charges were not filed in cases for which the Department has
received information required to be reported pursuant to
paragraph (a) of this Section. With approval of the Department,
the State's Attorney may enter into arrangements with other
agencies for the purpose of furnishing the information required
by this subsection (b) to the Department upon the State's
Attorney's behalf.
    (c) Disposition Information. The clerk of the circuit court
of each county shall furnish the Department, in the form and
manner required by the Supreme Court, with all final
dispositions of cases for which the Department has received
information required to be reported pursuant to paragraph (a)
or (d) of this Section. Such information shall include, for
each charge, all (1) judgments of not guilty, judgments of
guilty including the sentence pronounced by the court, findings
that a minor is delinquent and any sentence made based on those
findings, discharges and dismissals in the court; (2) reviewing
court orders filed with the clerk of the circuit court which
reverse or remand a reported conviction or findings that a
minor is delinquent or that vacate or modify a sentence or
sentence made following a trial that a minor is delinquent; (3)
continuances to a date certain in furtherance of an order of
supervision granted under Section 5-6-1 of the Unified Code of
Corrections or an order of probation granted under Section 10
of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, Section 70 of the Methamphetamine
Control and Community Protection Act, Section 12-4.3 or
subdivision (b)(1) of Section 12-3.05 of the Criminal Code of
1961, Section 10-102 of the Illinois Alcoholism and Other Drug
Dependency Act, Section 40-10 of the Alcoholism and Other Drug
Abuse and Dependency Act, Section 10 of the Steroid Control
Act, or Section 5-615 of the Juvenile Court Act of 1987; and
(4) judgments or court orders terminating or revoking a
sentence to or juvenile disposition of probation, supervision
or conditional discharge and any resentencing or new court
orders entered by a juvenile court relating to the disposition
of a minor's case involving delinquency after such revocation.
    (d) Fingerprints After Sentencing.
        (1) After the court pronounces sentence, sentences a
    minor following a trial in which a minor was found to be
    delinquent or issues an order of supervision or an order of
    probation granted under Section 10 of the Cannabis Control
    Act, Section 410 of the Illinois Controlled Substances Act,
    Section 70 of the Methamphetamine Control and Community
    Protection Act, Section 12-4.3 or subdivision (b)(1) of
    Section 12-3.05 of the Criminal Code of 1961, Section
    10-102 of the Illinois Alcoholism and Other Drug Dependency
    Act, Section 40-10 of the Alcoholism and Other Drug Abuse
    and Dependency Act, Section 10 of the Steroid Control Act,
    or Section 5-615 of the Juvenile Court Act of 1987 for any
    offense which is required by statute to be collected,
    maintained, or disseminated by the Department of State
    Police, the State's Attorney of each county shall ask the
    court to order a law enforcement agency to fingerprint
    immediately all persons appearing before the court who have
    not previously been fingerprinted for the same case. The
    court shall so order the requested fingerprinting, if it
    determines that any such person has not previously been
    fingerprinted for the same case. The law enforcement agency
    shall submit such fingerprints to the Department daily.
        (2) After the court pronounces sentence or makes a
    disposition of a case following a finding of delinquency
    for any offense which is not required by statute to be
    collected, maintained, or disseminated by the Department
    of State Police, the prosecuting attorney may ask the court
    to order a law enforcement agency to fingerprint
    immediately all persons appearing before the court who have
    not previously been fingerprinted for the same case. The
    court may so order the requested fingerprinting, if it
    determines that any so sentenced person has not previously
    been fingerprinted for the same case. The law enforcement
    agency may retain such fingerprints in its files.
    (e) Corrections Information. The Illinois Department of
Corrections and the sheriff of each county shall furnish the
Department with all information concerning the receipt,
escape, execution, death, release, pardon, parole, commutation
of sentence, granting of executive clemency or discharge of an
individual who has been sentenced or committed to the agency's
custody for any offenses which are mandated by statute to be
collected, maintained or disseminated by the Department of
State Police. For an individual who has been charged with any
such offense and who escapes from custody or dies while in
custody, all information concerning the receipt and escape or
death, whichever is appropriate, shall also be so furnished to
the Department.
(Source: P.A. 94-556, eff. 9-11-05.)
 
    (20 ILCS 2630/5.2)
    Sec. 5.2. Expungement and sealing.
    (a) General Provisions.
        (1) Definitions. In this Act, words and phrases have
    the meanings set forth in this subsection, except when a
    particular context clearly requires a different meaning.
            (A) The following terms shall have the meanings
        ascribed to them in the Unified Code of Corrections,
        730 ILCS 5/5-1-2 through 5/5-1-22:
                (i) Business Offense (730 ILCS 5/5-1-2),
                (ii) Charge (730 ILCS 5/5-1-3),
                (iii) Court (730 ILCS 5/5-1-6),
                (iv) Defendant (730 ILCS 5/5-1-7),
                (v) Felony (730 ILCS 5/5-1-9),
                (vi) Imprisonment (730 ILCS 5/5-1-10),
                (vii) Judgment (730 ILCS 5/5-1-12),
                (viii) Misdemeanor (730 ILCS 5/5-1-14),
                (ix) Offense (730 ILCS 5/5-1-15),
                (x) Parole (730 ILCS 5/5-1-16),
                (xi) Petty Offense (730 ILCS 5/5-1-17),
                (xii) Probation (730 ILCS 5/5-1-18),
                (xiii) Sentence (730 ILCS 5/5-1-19),
                (xiv) Supervision (730 ILCS 5/5-1-21), and
                (xv) Victim (730 ILCS 5/5-1-22).
            (B) As used in this Section, "charge not initiated
        by arrest" means a charge (as defined by 730 ILCS
        5/5-1-3) brought against a defendant where the
        defendant is not arrested prior to or as a direct
        result of the charge.
            (C) "Conviction" means a judgment of conviction or
        sentence entered upon a plea of guilty or upon a
        verdict or finding of guilty of an offense, rendered by
        a legally constituted jury or by a court of competent
        jurisdiction authorized to try the case without a jury.
        An order of supervision successfully completed by the
        petitioner is not a conviction. An order of qualified
        probation (as defined in subsection (a)(1)(J))
        successfully completed by the petitioner is not a
        conviction. An order of supervision or an order of
        qualified probation that is terminated
        unsatisfactorily is a conviction, unless the
        unsatisfactory termination is reversed, vacated, or
        modified and the judgment of conviction, if any, is
        reversed or vacated.
            (D) "Criminal offense" means a petty offense,
        business offense, misdemeanor, felony, or municipal
        ordinance violation (as defined in subsection
        (a)(1)(H)). As used in this Section, a minor traffic
        offense (as defined in subsection (a)(1)(G)) shall not
        be considered a criminal offense.
            (E) "Expunge" means to physically destroy the
        records or return them to the petitioner and to
        obliterate the petitioner's name from any official
        index or public record, or both. Nothing in this Act
        shall require the physical destruction of the circuit
        court file, but such records relating to arrests or
        charges, or both, ordered expunged shall be impounded
        as required by subsections (d)(9)(A)(ii) and
        (d)(9)(B)(ii).
            (F) As used in this Section, "last sentence" means
        the sentence, order of supervision, or order of
        qualified probation (as defined by subsection
        (a)(1)(J)), for a criminal offense (as defined by
        subsection (a)(1)(D)) that terminates last in time in
        any jurisdiction, regardless of whether the petitioner
        has included the criminal offense for which the
        sentence or order of supervision or qualified
        probation was imposed in his or her petition. If
        multiple sentences, orders of supervision, or orders
        of qualified probation terminate on the same day and
        are last in time, they shall be collectively considered
        the "last sentence" regardless of whether they were
        ordered to run concurrently.
            (G) "Minor traffic offense" means a petty offense,
        business offense, or Class C misdemeanor under the
        Illinois Vehicle Code or a similar provision of a
        municipal or local ordinance.
            (H) "Municipal ordinance violation" means an
        offense defined by a municipal or local ordinance that
        is criminal in nature and with which the petitioner was
        charged or for which the petitioner was arrested and
        released without charging.
            (I) "Petitioner" means an adult or a minor
        prosecuted as an adult who has applied for relief under
        this Section.
            (J) "Qualified probation" means an order of
        probation under Section 10 of the Cannabis Control Act,
        Section 410 of the Illinois Controlled Substances Act,
        Section 70 of the Methamphetamine Control and
        Community Protection Act, Section 12-4.3(b)(1) and (2)
        of the Criminal Code of 1961 (as those provisions
        existed before their deletion by Public Act 89-313),
        Section 10-102 of the Illinois Alcoholism and Other
        Drug Dependency Act, Section 40-10 of the Alcoholism
        and Other Drug Abuse and Dependency Act, or Section 10
        of the Steroid Control Act. For the purpose of this
        Section, "successful completion" of an order of
        qualified probation under Section 10-102 of the
        Illinois Alcoholism and Other Drug Dependency Act and
        Section 40-10 of the Alcoholism and Other Drug Abuse
        and Dependency Act means that the probation was
        terminated satisfactorily and the judgment of
        conviction was vacated.
            (K) "Seal" means to physically and electronically
        maintain the records, unless the records would
        otherwise be destroyed due to age, but to make the
        records unavailable without a court order, subject to
        the exceptions in Sections 12 and 13 of this Act. The
        petitioner's name shall also be obliterated from the
        official index required to be kept by the circuit court
        clerk under Section 16 of the Clerks of Courts Act, but
        any index issued by the circuit court clerk before the
        entry of the order to seal shall not be affected.
            (L) "Sexual offense committed against a minor"
        includes but is not limited to the offenses of indecent
        solicitation of a child or criminal sexual abuse when
        the victim of such offense is under 18 years of age.
            (M) "Terminate" as it relates to a sentence or
        order of supervision or qualified probation includes
        either satisfactory or unsatisfactory termination of
        the sentence, unless otherwise specified in this
        Section.
        (2) Minor Traffic Offenses. Orders of supervision or
    convictions for minor traffic offenses shall not affect a
    petitioner's eligibility to expunge or seal records
    pursuant to this Section.
        (3) Exclusions. Except as otherwise provided in
    subsections (b)(5), (b)(6), and (e) of this Section, the
    court shall not order:
            (A) the sealing or expungement of the records of
        arrests or charges not initiated by arrest that result
        in an order of supervision for or conviction of: (i)
        any sexual offense committed against a minor; (ii)
        Section 11-501 of the Illinois Vehicle Code or a
        similar provision of a local ordinance; or (iii)
        Section 11-503 of the Illinois Vehicle Code or a
        similar provision of a local ordinance.
            (B) the sealing or expungement of records of minor
        traffic offenses (as defined in subsection (a)(1)(G)),
        unless the petitioner was arrested and released
        without charging.
            (C) the sealing of the records of arrests or
        charges not initiated by arrest which result in an
        order of supervision, an order of qualified probation
        (as defined in subsection (a)(1)(J)), or a conviction
        for the following offenses:
                (i) offenses included in Article 11 of the
            Criminal Code of 1961 or a similar provision of a
            local ordinance, except Section 11-14 of the
            Criminal Code of 1961 or a similar provision of a
            local ordinance;
                (ii) Section 12-3.4, 12-15, 12-30, or 26-5 of
            the Criminal Code of 1961 or a similar provision of
            a local ordinance;
                (iii) offenses defined as "crimes of violence"
            in Section 2 of the Crime Victims Compensation Act
            or a similar provision of a local ordinance;
                (iv) offenses which are Class A misdemeanors
            under the Humane Care for Animals Act; or
                (v) any offense or attempted offense that
            would subject a person to registration under the
            Sex Offender Registration Act.
            (D) the sealing of the records of an arrest which
        results in the petitioner being charged with a felony
        offense or records of a charge not initiated by arrest
        for a felony offense, regardless of the disposition,
        unless:
                (i) the charge is amended to a misdemeanor and
            is otherwise eligible to be sealed pursuant to
            subsection (c);
                (ii) the charge is brought along with another
            charge as a part of one case and the charge results
            in acquittal, dismissal, or conviction when the
            conviction was reversed or vacated, and another
            charge brought in the same case results in a
            disposition for a misdemeanor offense that is
            eligible to be sealed pursuant to subsection (c) or
            a disposition listed in paragraph (i), (iii) or
            (iv) of this subsection;
                (iii) the charge results in first offender
            probation as set forth in subsection (c)(2)(E); or
                (iv) the charge is for a Class 4 felony offense
            listed in subsection (c)(2)(F) or the charge is
            amended to a Class 4 felony offense listed in
            subsection (c)(2)(F). Records of arrests which
            result in the petitioner being charged with a Class
            4 felony offense listed in subsection (c)(2)(F),
            records of charges not initiated by arrest for
            Class 4 felony offenses listed in subsection
            (c)(2)(F), and records of charges amended to a
            Class 4 felony offense listed in (c)(2)(F) may be
            sealed, regardless of the disposition, subject to
            any waiting periods set forth in subsection
            (c)(3).
    (b) Expungement.
        (1) A petitioner may petition the circuit court to
    expunge the records of his or her arrests and charges not
    initiated by arrest when:
            (A) He or she has never been convicted of a
        criminal offense; and
            (B) Each arrest or charge not initiated by arrest
        sought to be expunged resulted in: (i) acquittal,
        dismissal, or the petitioner's release without
        charging, unless excluded by subsection (a)(3)(B);
        (ii) a conviction which was vacated or reversed, unless
        excluded by subsection (a)(3)(B); (iii) an order of
        supervision and such supervision was successfully
        completed by the petitioner, unless excluded by
        subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
        qualified probation (as defined in subsection
        (a)(1)(J)) and such probation was successfully
        completed by the petitioner.
        (2) Time frame for filing a petition to expunge.
            (A) When the arrest or charge not initiated by
        arrest sought to be expunged resulted in an acquittal,
        dismissal, the petitioner's release without charging,
        or the reversal or vacation of a conviction, there is
        no waiting period to petition for the expungement of
        such records.
            (B) When the arrest or charge not initiated by
        arrest sought to be expunged resulted in an order of
        supervision, successfully completed by the petitioner,
        the following time frames will apply:
                (i) Those arrests or charges that resulted in
            orders of supervision under Section 3-707, 3-708,
            3-710, or 5-401.3 of the Illinois Vehicle Code or a
            similar provision of a local ordinance, or under
            Section 12-3.2, 12-15 or 16A-3 of the Criminal Code
            of 1961 or a similar provision of a local
            ordinance, shall not be eligible for expungement
            until 5 years have passed following the
            satisfactory termination of the supervision.
                (ii) Those arrests or charges that resulted in
            orders of supervision for any other offenses shall
            not be eligible for expungement until 2 years have
            passed following the satisfactory termination of
            the supervision.
            (C) When the arrest or charge not initiated by
        arrest sought to be expunged resulted in an order of
        qualified probation, successfully completed by the
        petitioner, such records shall not be eligible for
        expungement until 5 years have passed following the
        satisfactory termination of the probation.
        (3) Those records maintained by the Department for
    persons arrested prior to their 17th birthday shall be
    expunged as provided in Section 5-915 of the Juvenile Court
    Act of 1987.
        (4) Whenever a person has been arrested for or
    convicted of any offense, in the name of a person whose
    identity he or she has stolen or otherwise come into
    possession of, the aggrieved person from whom the identity
    was stolen or otherwise obtained without authorization,
    upon learning of the person having been arrested using his
    or her identity, may, upon verified petition to the chief
    judge of the circuit wherein the arrest was made, have a
    court order entered nunc pro tunc by the Chief Judge to
    correct the arrest record, conviction record, if any, and
    all official records of the arresting authority, the
    Department, other criminal justice agencies, the
    prosecutor, and the trial court concerning such arrest, if
    any, by removing his or her name from all such records in
    connection with the arrest and conviction, if any, and by
    inserting in the records the name of the offender, if known
    or ascertainable, in lieu of the aggrieved's name. The
    records of the circuit court clerk shall be sealed until
    further order of the court upon good cause shown and the
    name of the aggrieved person obliterated on the official
    index required to be kept by the circuit court clerk under
    Section 16 of the Clerks of Courts Act, but the order shall
    not affect any index issued by the circuit court clerk
    before the entry of the order. Nothing in this Section
    shall limit the Department of State Police or other
    criminal justice agencies or prosecutors from listing
    under an offender's name the false names he or she has
    used.
        (5) Whenever a person has been convicted of criminal
    sexual assault, aggravated criminal sexual assault,
    predatory criminal sexual assault of a child, criminal
    sexual abuse, or aggravated criminal sexual abuse, the
    victim of that offense may request that the State's
    Attorney of the county in which the conviction occurred
    file a verified petition with the presiding trial judge at
    the petitioner's trial to have a court order entered to
    seal the records of the circuit court clerk in connection
    with the proceedings of the trial court concerning that
    offense. However, the records of the arresting authority
    and the Department of State Police concerning the offense
    shall not be sealed. The court, upon good cause shown,
    shall make the records of the circuit court clerk in
    connection with the proceedings of the trial court
    concerning the offense available for public inspection.
        (6) If a conviction has been set aside on direct review
    or on collateral attack and the court determines by clear
    and convincing evidence that the petitioner was factually
    innocent of the charge, the court shall enter an
    expungement order as provided in subsection (b) of Section
    5-5-4 of the Unified Code of Corrections.
        (7) Nothing in this Section shall prevent the
    Department of State Police from maintaining all records of
    any person who is admitted to probation upon terms and
    conditions and who fulfills those terms and conditions
    pursuant to Section 10 of the Cannabis Control Act, Section
    410 of the Illinois Controlled Substances Act, Section 70
    of the Methamphetamine Control and Community Protection
    Act, Section 12-4.3 or subdivision (b)(1) of Section
    12-3.05 of the Criminal Code of 1961, Section 10-102 of the
    Illinois Alcoholism and Other Drug Dependency Act, Section
    40-10 of the Alcoholism and Other Drug Abuse and Dependency
    Act, or Section 10 of the Steroid Control Act.
    (c) Sealing.
        (1) Applicability. Notwithstanding any other provision
    of this Act to the contrary, and cumulative with any rights
    to expungement of criminal records, this subsection
    authorizes the sealing of criminal records of adults and of
    minors prosecuted as adults.
        (2) Eligible Records. The following records may be
    sealed:
            (A) All arrests resulting in release without
        charging;
            (B) Arrests or charges not initiated by arrest
        resulting in acquittal, dismissal, or conviction when
        the conviction was reversed or vacated, except as
        excluded by subsection (a)(3)(B) or (a)(3)(D);
            (C) Arrests or charges not initiated by arrest
        resulting in orders of supervision successfully
        completed by the petitioner, unless excluded by
        subsection (a)(3);
            (D) Arrests or charges not initiated by arrest
        resulting in convictions unless excluded by subsection
        (a)(3);
            (E) Arrests or charges not initiated by arrest
        resulting in orders of first offender probation under
        Section 10 of the Cannabis Control Act, Section 410 of
        the Illinois Controlled Substances Act, or Section 70
        of the Methamphetamine Control and Community
        Protection Act; and
            (F) Arrests or charges not initiated by arrest
        resulting in Class 4 felony convictions for the
        following offenses:
                (i) Section 11-14 of the Criminal Code of 1961;
                (ii) Section 4 of the Cannabis Control Act;
                (iii) Section 402 of the Illinois Controlled
            Substances Act;
                (iv) the Methamphetamine Precursor Control
            Act; and
                (v) the Steroid Control Act.
        (3) When Records Are Eligible to Be Sealed. Records
    identified as eligible under subsection (c)(2) may be
    sealed as follows:
            (A) Records identified as eligible under
        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
        time.
            (B) Records identified as eligible under
        subsection (c)(2)(C) may be sealed (i) 3 years after
        the termination of petitioner's last sentence (as
        defined in subsection (a)(1)(F)) if the petitioner has
        never been convicted of a criminal offense (as defined
        in subsection (a)(1)(D)); or (ii) 4 years after the
        termination of the petitioner's last sentence (as
        defined in subsection (a)(1)(F)) if the petitioner has
        ever been convicted of a criminal offense (as defined
        in subsection (a)(1)(D)).
            (C) Records identified as eligible under
        subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
        sealed 4 years after the termination of the
        petitioner's last sentence (as defined in subsection
        (a)(1)(F)).
        (4) Subsequent felony convictions. A person may not
    have subsequent felony conviction records sealed as
    provided in this subsection (c) if he or she is convicted
    of any felony offense after the date of the sealing of
    prior felony convictions as provided in this subsection
    (c). The court may, upon conviction for a subsequent felony
    offense, order the unsealing of prior felony conviction
    records previously ordered sealed by the court.
        (5) Notice of eligibility for sealing. Upon entry of a
    disposition for an eligible record under this subsection
    (c), the petitioner shall be informed by the court of the
    right to have the records sealed and the procedures for the
    sealing of the records.
    (d) Procedure. The following procedures apply to
expungement under subsections (b) and (e), and sealing under
subsection (c):
        (1) Filing the petition. Upon becoming eligible to
    petition for the expungement or sealing of records under
    this Section, the petitioner shall file a petition
    requesting the expungement or sealing of records with the
    clerk of the court where the arrests occurred or the
    charges were brought, or both. If arrests occurred or
    charges were brought in multiple jurisdictions, a petition
    must be filed in each such jurisdiction. The petitioner
    shall pay the applicable fee, if not waived.
        (2) Contents of petition. The petition shall be
    verified and shall contain the petitioner's name, date of
    birth, current address and, for each arrest or charge not
    initiated by arrest sought to be sealed or expunged, the
    case number, the date of arrest (if any), the identity of
    the arresting authority, and such other information as the
    court may require. During the pendency of the proceeding,
    the petitioner shall promptly notify the circuit court
    clerk of any change of his or her address.
        (3) Drug test. The petitioner must attach to the
    petition proof that the petitioner has passed a test taken
    within 30 days before the filing of the petition showing
    the absence within his or her body of all illegal
    substances as defined by the Illinois Controlled
    Substances Act, the Methamphetamine Control and Community
    Protection Act, and the Cannabis Control Act if he or she
    is petitioning to seal felony records pursuant to clause
    (c)(2)(E) or (c)(2)(F)(ii)-(v) or if he or she is
    petitioning to expunge felony records of a qualified
    probation pursuant to clause (b)(1)(B)(iv).
        (4) Service of petition. The circuit court clerk shall
    promptly serve a copy of the petition on the State's
    Attorney or prosecutor charged with the duty of prosecuting
    the offense, the Department of State Police, the arresting
    agency and the chief legal officer of the unit of local
    government effecting the arrest.
        (5) Objections.
            (A) Any party entitled to notice of the petition
        may file an objection to the petition. All objections
        shall be in writing, shall be filed with the circuit
        court clerk, and shall state with specificity the basis
        of the objection.
            (B) Objections to a petition to expunge or seal
        must be filed within 60 days of the date of service of
        the petition.
        (6) Entry of order.
            (A) The Chief Judge of the circuit wherein the
        charge was brought, any judge of that circuit
        designated by the Chief Judge, or in counties of less
        than 3,000,000 inhabitants, the presiding trial judge
        at the petitioner's trial, if any, shall rule on the
        petition to expunge or seal as set forth in this
        subsection (d)(6).
            (B) Unless the State's Attorney or prosecutor, the
        Department of State Police, the arresting agency, or
        the chief legal officer files an objection to the
        petition to expunge or seal within 60 days from the
        date of service of the petition, the court shall enter
        an order granting or denying the petition.
        (7) Hearings. If an objection is filed, the court shall
    set a date for a hearing and notify the petitioner and all
    parties entitled to notice of the petition of the hearing
    date at least 30 days prior to the hearing, and shall hear
    evidence on whether the petition should or should not be
    granted, and shall grant or deny the petition to expunge or
    seal the records based on the evidence presented at the
    hearing.
        (8) Service of order. After entering an order to
    expunge or seal records, the court must provide copies of
    the order to the Department, in a form and manner
    prescribed by the Department, to the petitioner, to the
    State's Attorney or prosecutor charged with the duty of
    prosecuting the offense, to the arresting agency, to the
    chief legal officer of the unit of local government
    effecting the arrest, and to such other criminal justice
    agencies as may be ordered by the court.
        (9) Effect of order.
            (A) Upon entry of an order to expunge records
        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
                (i) the records shall be expunged (as defined
            in subsection (a)(1)(E)) by the arresting agency,
            the Department, and any other agency as ordered by
            the court, within 60 days of the date of service of
            the order, unless a motion to vacate, modify, or
            reconsider the order is filed pursuant to
            paragraph (12) of subsection (d) of this Section;
                (ii) the records of the circuit court clerk
            shall be impounded until further order of the court
            upon good cause shown and the name of the
            petitioner obliterated on the official index
            required to be kept by the circuit court clerk
            under Section 16 of the Clerks of Courts Act, but
            the order shall not affect any index issued by the
            circuit court clerk before the entry of the order;
            and
                (iii) in response to an inquiry for expunged
            records, the court, the Department, or the agency
            receiving such inquiry, shall reply as it does in
            response to inquiries when no records ever
            existed.
            (B) Upon entry of an order to expunge records
        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
                (i) the records shall be expunged (as defined
            in subsection (a)(1)(E)) by the arresting agency
            and any other agency as ordered by the court,
            within 60 days of the date of service of the order,
            unless a motion to vacate, modify, or reconsider
            the order is filed pursuant to paragraph (12) of
            subsection (d) of this Section;
                (ii) the records of the circuit court clerk
            shall be impounded until further order of the court
            upon good cause shown and the name of the
            petitioner obliterated on the official index
            required to be kept by the circuit court clerk
            under Section 16 of the Clerks of Courts Act, but
            the order shall not affect any index issued by the
            circuit court clerk before the entry of the order;
                (iii) the records shall be impounded by the
            Department within 60 days of the date of service of
            the order as ordered by the court, unless a motion
            to vacate, modify, or reconsider the order is filed
            pursuant to paragraph (12) of subsection (d) of
            this Section;
                (iv) records impounded by the Department may
            be disseminated by the Department only as required
            by law or to the arresting authority, the State's
            Attorney, and the court upon a later arrest for the
            same or a similar offense or for the purpose of
            sentencing for any subsequent felony, and to the
            Department of Corrections upon conviction for any
            offense; and
                (v) in response to an inquiry for such records
            from anyone not authorized by law to access such
            records the court, the Department, or the agency
            receiving such inquiry shall reply as it does in
            response to inquiries when no records ever
            existed.
            (C) Upon entry of an order to seal records under
        subsection (c), the arresting agency, any other agency
        as ordered by the court, the Department, and the court
        shall seal the records (as defined in subsection
        (a)(1)(K)). In response to an inquiry for such records
        from anyone not authorized by law to access such
        records the court, the Department, or the agency
        receiving such inquiry shall reply as it does in
        response to inquiries when no records ever existed.
        (10) Fees. The Department may charge the petitioner a
    fee equivalent to the cost of processing any order to
    expunge or seal records. Notwithstanding any provision of
    the Clerks of Courts Act to the contrary, the circuit court
    clerk may charge a fee equivalent to the cost associated
    with the sealing or expungement of records by the circuit
    court clerk. From the total filing fee collected for the
    petition to seal or expunge, the circuit court clerk shall
    deposit $10 into the Circuit Court Clerk Operation and
    Administrative Fund, to be used to offset the costs
    incurred by the circuit court clerk in performing the
    additional duties required to serve the petition to seal or
    expunge on all parties. The circuit court clerk shall
    collect and forward the Department of State Police portion
    of the fee to the Department and it shall be deposited in
    the State Police Services Fund.
        (11) Final Order. No court order issued under the
    expungement or sealing provisions of this Section shall
    become final for purposes of appeal until 30 days after
    service of the order on the petitioner and all parties
    entitled to notice of the petition.
        (12) Motion to Vacate, Modify, or Reconsider. The
    petitioner or any party entitled to notice may file a
    motion to vacate, modify, or reconsider the order granting
    or denying the petition to expunge or seal within 60 days
    of service of the order.
    (e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the defendant's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Department be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the defendant
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense for which he or she had been pardoned but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Department may be disseminated by the Department only as
required by law or to the arresting authority, the State's
Attorney, and the court upon a later arrest for the same or
similar offense or for the purpose of sentencing for any
subsequent felony. Upon conviction for any subsequent offense,
the Department of Corrections shall have access to all sealed
records of the Department pertaining to that individual. Upon
entry of the order of expungement, the circuit court clerk
shall promptly mail a copy of the order to the person who was
pardoned.
    (f) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211. At the request of the
Illinois Department of Corrections, records of the Illinois
Department of Employment Security shall be utilized as
appropriate to assist in the study. The study shall not
disclose any data in a manner that would allow the
identification of any particular individual or employing unit.
The study shall be made available to the General Assembly no
later than September 1, 2010.
(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10.)
 
    Section 910. The Illinois Uniform Conviction Information
Act is amended by changing Section 3 as follows:
 
    (20 ILCS 2635/3)  (from Ch. 38, par. 1603)
    Sec. 3. Definitions. Whenever used in this Act, and for the
purposes of this Act, unless the context clearly indicates
otherwise:
    (A) "Accurate" means factually correct, containing no
mistake or error of a material nature.
    (B) The phrase "administer the criminal laws" includes any
of the following activities: intelligence gathering,
surveillance, criminal investigation, crime detection and
prevention (including research), apprehension, detention,
pretrial or post-trial release, prosecution, the correctional
supervision or rehabilitation of accused persons or criminal
offenders, criminal identification activities, or the
collection, maintenance or dissemination of criminal history
record information.
    (C) "The Authority" means the Illinois Criminal Justice
Information Authority.
    (D) "Automated" means the utilization of computers,
telecommunication lines, or other automatic data processing
equipment for data collection or storage, analysis,
processing, preservation, maintenance, dissemination, or
display and is distinguished from a system in which such
activities are performed manually.
    (E) "Complete" means accurately reflecting all the
criminal history record information about an individual that is
required to be reported to the Department pursuant to Section
2.1 of the Criminal Identification Act.
    (F) "Conviction information" means data reflecting a
judgment of guilt or nolo contendere. The term includes all
prior and subsequent criminal history events directly relating
to such judgments, such as, but not limited to: (1) the
notation of arrest; (2) the notation of charges filed; (3) the
sentence imposed; (4) the fine imposed; and (5) all related
probation, parole, and release information. Information ceases
to be "conviction information" when a judgment of guilt is
reversed or vacated.
    For purposes of this Act, continuances to a date certain in
furtherance of an order of supervision granted under Section
5-6-1 of the Unified Code of Corrections or an order of
probation granted under either Section 10 of the Cannabis
Control Act, Section 410 of the Illinois Controlled Substances
Act, Section 70 of the Methamphetamine Control and Community
Protection Act, Section 12-4.3 or subdivision (b)(1) of Section
12-3.05 of the Criminal Code of 1961, Section 10-102 of the
Illinois Alcoholism and Other Drug Dependency Act, Section
40-10 of the Alcoholism and Other Drug Abuse and Dependency
Act, or Section 10 of the Steroid Control Act shall not be
deemed "conviction information".
    (G) "Criminal history record information" means data
identifiable to an individual and consisting of descriptions or
notations of arrests, detentions, indictments, informations,
pretrial proceedings, trials, or other formal events in the
criminal justice system or descriptions or notations of
criminal charges (including criminal violations of local
municipal ordinances) and the nature of any disposition arising
therefrom, including sentencing, court or correctional
supervision, rehabilitation and release. The term does not
apply to statistical records and reports in which individual
are not identified and from which their identities are not
ascertainable, or to information that is for criminal
investigative or intelligence purposes.
    (H) "Criminal justice agency" means (1) a government agency
or any subunit thereof which is authorized to administer the
criminal laws and which allocates a substantial part of its
annual budget for that purpose, or (2) an agency supported by
public funds which is authorized as its principal function to
administer the criminal laws and which is officially designated
by the Department as a criminal justice agency for purposes of
this Act.
    (I) "The Department" means the Illinois Department of State
Police.
    (J) "Director" means the Director of the Illinois
Department of State Police.
    (K) "Disseminate" means to disclose or transmit conviction
information in any form, oral, written, or otherwise.
    (L) "Exigency" means pending danger or the threat of
pending danger to an individual or property.
    (M) "Non-criminal justice agency" means a State agency,
Federal agency, or unit of local government that is not a
criminal justice agency. The term does not refer to private
individuals, corporations, or non-governmental agencies or
organizations.
    (M-5) "Request" means the submission to the Department, in
the form and manner required, the necessary data elements or
fingerprints, or both, to allow the Department to initiate a
search of its criminal history record information files.
    (N) "Requester" means any private individual, corporation,
organization, employer, employment agency, labor organization,
or non-criminal justice agency that has made a request pursuant
to this Act to obtain conviction information maintained in the
files of the Department of State Police regarding a particular
individual.
    (O) "Statistical information" means data from which the
identity of an individual cannot be ascertained,
reconstructed, or verified and to which the identity of an
individual cannot be linked by the recipient of the
information.
(Source: P.A. 94-556, eff. 9-11-05.)
 
    Section 915. The Counties Code is amended by changing
Section 5-1103 as follows:
 
    (55 ILCS 5/5-1103)  (from Ch. 34, par. 5-1103)
    Sec. 5-1103. Court services fee. A county board may enact
by ordinance or resolution a court services fee dedicated to
defraying court security expenses incurred by the sheriff in
providing court services or for any other court services deemed
necessary by the sheriff to provide for court security,
including without limitation court services provided pursuant
to Section 3-6023, as now or hereafter amended. Such fee shall
be paid in civil cases by each party at the time of filing the
first pleading, paper or other appearance; provided that no
additional fee shall be required if more than one party is
represented in a single pleading, paper or other appearance. In
criminal, local ordinance, county ordinance, traffic and
conservation cases, such fee shall be assessed against the
defendant upon a plea of guilty, stipulation of facts or
findings of guilty, resulting in a judgment of conviction, or
order of supervision, or sentence of probation without entry of
judgment pursuant to Section 10 of the Cannabis Control Act,
Section 410 of the Illinois Controlled Substances Act, Section
70 of the Methamphetamine Control and Community Protection Act,
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the
Criminal Code of 1961, Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section 40-10 of the
Alcoholism and Other Drug Abuse and Dependency Act, or Section
10 of the Steroid Control Act. In setting such fee, the county
board may impose, with the concurrence of the Chief Judge of
the judicial circuit in which the county is located by
administrative order entered by the Chief Judge, differential
rates for the various types or categories of criminal and civil
cases, but the maximum rate shall not exceed $25. All proceeds
from this fee must be used to defray court security expenses
incurred by the sheriff in providing court services. No fee
shall be imposed or collected, however, in traffic,
conservation, and ordinance cases in which fines are paid
without a court appearance. The fees shall be collected in the
manner in which all other court fees or costs are collected and
shall be deposited into the county general fund for payment
solely of costs incurred by the sheriff in providing court
security or for any other court services deemed necessary by
the sheriff to provide for court security.
(Source: P.A. 93-558, eff. 12-1-03; 94-556, eff. 9-11-05.)
 
    Section 920. The Metropolitan Transit Authority Act is
amended by changing Section 28b as follows:
 
    (70 ILCS 3605/28b)  (from Ch. 111 2/3, par. 328b)
    Sec. 28b. Any person applying for a position as a driver of
a vehicle owned by a private carrier company which provides
public transportation pursuant to an agreement with the
Authority shall be required to authorize an investigation by
the private carrier company to determine if the applicant has
been convicted of any of the following offenses: (i) those
offenses defined in Sections 9-1, 9-1.2, 10-1, 10-2, 10-3.1,
10-4, 10-5, 10-6, 10-7, 11-6, 11-9, 11-14, 11-15, 11-15.1,
11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
11-21, 11-22, 12-4.3, 12-4.4, 12-4.5, 12-6, 12-7.1, 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.1, 18-1, 18-2, 20-1,
20-1.1, 31A-1, 31A-1.1, and 33A-2, and in subsection (a) and
subsection (b), clause (1), of Section 12-4, in subdivisions
(a)(1), (b)(1), and (f)(1) of Section 12-3.05, and in
subsection (a-5) of Section 12-3.1 of the Criminal Code of
1961; (ii) those offenses defined in the Cannabis Control Act
except those offenses defined in subsections (a) and (b) of
Section 4, and subsection (a) of Section 5 of the Cannabis
Control Act (iii) those offenses defined in the Illinois
Controlled Substances Act; (iv) those offenses defined in the
Methamphetamine Control and Community Protection Act; and (v)
any offense committed or attempted in any other state or
against the laws of the United States, which if committed or
attempted in this State would be punishable as one or more of
the foregoing offenses. Upon receipt of this authorization, the
private carrier company shall submit the applicant's name, sex,
race, date of birth, fingerprints and social security number to
the Department of State Police on forms prescribed by the
Department. The Department of State Police shall conduct an
investigation to ascertain if the applicant has been convicted
of any of the above enumerated offenses. The Department shall
charge the private carrier company a fee for conducting the
investigation, which fee shall be deposited in the State Police
Services Fund and shall not exceed the cost of the inquiry; and
the applicant shall not be charged a fee for such investigation
by the private carrier company. The Department of State Police
shall furnish, pursuant to positive identification, records of
convictions, until expunged, to the private carrier company
which requested the investigation. A copy of the record of
convictions obtained from the Department shall be provided to
the applicant. Any record of conviction received by the private
carrier company shall be confidential. Any person who releases
any confidential information concerning any criminal
convictions of an applicant shall be guilty of a Class A
misdemeanor, unless authorized by this Section.
(Source: P.A. 94-556, eff. 9-11-05.)
 
    Section 925. The Child Care Act of 1969 is amended by
changing Section 4.2 as follows:
 
    (225 ILCS 10/4.2)  (from Ch. 23, par. 2214.2)
    Sec. 4.2. (a) No applicant may receive a license from the
Department and no person may be employed by a licensed child
care facility who refuses to authorize an investigation as
required by Section 4.1.
    (b) In addition to the other provisions of this Section, no
applicant may receive a license from the Department and no
person may be employed by a child care facility licensed by the
Department who has been declared a sexually dangerous person
under "An Act in relation to sexually dangerous persons, and
providing for their commitment, detention and supervision",
approved July 6, 1938, as amended, or convicted of committing
or attempting to commit any of the following offenses
stipulated under the Criminal Code of 1961:
        (1) murder;
        (1.1) solicitation of murder;
        (1.2) solicitation of murder for hire;
        (1.3) intentional homicide of an unborn child;
        (1.4) voluntary manslaughter of an unborn child;
        (1.5) involuntary manslaughter;
        (1.6) reckless homicide;
        (1.7) concealment of a homicidal death;
        (1.8) involuntary manslaughter of an unborn child;
        (1.9) reckless homicide of an unborn child;
        (1.10) drug-induced homicide;
        (2) a sex offense under Article 11, except offenses
    described in Sections 11-7, 11-8, 11-12, and 11-13;
        (3) kidnapping;
        (3.1) aggravated unlawful restraint;
        (3.2) forcible detention;
        (3.3) harboring a runaway;
        (3.4) aiding and abetting child abduction;
        (4) aggravated kidnapping;
        (5) child abduction;
        (6) aggravated battery of a child as described in
    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
        (7) criminal sexual assault;
        (8) aggravated criminal sexual assault;
        (8.1) predatory criminal sexual assault of a child;
        (9) criminal sexual abuse;
        (10) aggravated sexual abuse;
        (11) heinous battery as described in Section 12-4.1 or
    subdivision (a)(2) of Section 12-3.05;
        (12) aggravated battery with a firearm as described in
    Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
    (e)(4) of Section 12-3.05;
        (13) tampering with food, drugs, or cosmetics;
        (14) drug induced infliction of great bodily harm as
    described in Section 12-4.7 or subdivision (g)(1) of
    Section 12-3.05;
        (15) hate crime;
        (16) stalking;
        (17) aggravated stalking;
        (18) threatening public officials;
        (19) home invasion;
        (20) vehicular invasion;
        (21) criminal transmission of HIV;
        (22) criminal abuse or neglect of an elderly or
    disabled person as described in Section 12-21 or subsection
    (b) of Section 12-4.4a;
        (23) child abandonment;
        (24) endangering the life or health of a child;
        (25) ritual mutilation;
        (26) ritualized abuse of a child;
        (27) an offense in any other jurisdiction the elements
    of which are similar and bear a substantial relationship to
    any of the foregoing offenses.
    (b-1) In addition to the other provisions of this Section,
beginning January 1, 2004, no new applicant and, on the date of
licensure renewal, no current licensee may operate or receive a
license from the Department to operate, no person may be
employed by, and no adult person may reside in a child care
facility licensed by the Department who has been convicted of
committing or attempting to commit any of the following
offenses or an offense in any other jurisdiction the elements
of which are similar and bear a substantial relationship to any
of the following offenses:
 
(I) BODILY HARM

 
        (1) Felony aggravated assault.
        (2) Vehicular endangerment.
        (3) Felony domestic battery.
        (4) Aggravated battery.
        (5) Heinous battery.
        (6) Aggravated battery with a firearm.
        (7) Aggravated battery of an unborn child.
        (8) Aggravated battery of a senior citizen.
        (9) Intimidation.
        (10) Compelling organization membership of persons.
        (11) Abuse and criminal gross neglect of a long term
    care facility resident.
        (12) Felony violation of an order of protection.
 
(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 
        (1) Felony unlawful use of weapons.
        (2) Aggravated discharge of a firearm.
        (3) Reckless discharge of a firearm.
        (4) Unlawful use of metal piercing bullets.
        (5) Unlawful sale or delivery of firearms on the
    premises of any school.
        (6) Disarming a police officer.
        (7) Obstructing justice.
        (8) Concealing or aiding a fugitive.
        (9) Armed violence.
        (10) Felony contributing to the criminal delinquency
    of a juvenile.
 
(III) DRUG OFFENSES

 
        (1) Possession of more than 30 grams of cannabis.
        (2) Manufacture of more than 10 grams of cannabis.
        (3) Cannabis trafficking.
        (4) Delivery of cannabis on school grounds.
        (5) Unauthorized production of more than 5 cannabis
    sativa plants.
        (6) Calculated criminal cannabis conspiracy.
        (7) Unauthorized manufacture or delivery of controlled
    substances.
        (8) Controlled substance trafficking.
        (9) Manufacture, distribution, or advertisement of
    look-alike substances.
        (10) Calculated criminal drug conspiracy.
        (11) Street gang criminal drug conspiracy.
        (12) Permitting unlawful use of a building.
        (13) Delivery of controlled, counterfeit, or
    look-alike substances to persons under age 18, or at truck
    stops, rest stops, or safety rest areas, or on school
    property.
        (14) Using, engaging, or employing persons under 18 to
    deliver controlled, counterfeit, or look-alike substances.
        (15) Delivery of controlled substances.
        (16) Sale or delivery of drug paraphernalia.
        (17) Felony possession, sale, or exchange of
    instruments adapted for use of a controlled substance,
    methamphetamine, or cannabis by subcutaneous injection.
        (18) Felony possession of a controlled substance.
        (19) Any violation of the Methamphetamine Control and
    Community Protection Act.
    (b-2) For child care facilities other than foster family
homes, the Department may issue a new child care facility
license to or renew the existing child care facility license of
an applicant, a person employed by a child care facility, or an
applicant who has an adult residing in a home child care
facility who was convicted of an offense described in
subsection (b-1), provided that all of the following
requirements are met:
        (1) The relevant criminal offense occurred more than 5
    years prior to the date of application or renewal, except
    for drug offenses. The relevant drug offense must have
    occurred more than 10 years prior to the date of
    application or renewal, unless the applicant passed a drug
    test, arranged and paid for by the child care facility, no
    less than 5 years after the offense.
        (2) The Department must conduct a background check and
    assess all convictions and recommendations of the child
    care facility to determine if waiver shall apply in
    accordance with Department administrative rules and
    procedures.
        (3) The applicant meets all other requirements and
    qualifications to be licensed as the pertinent type of
    child care facility under this Act and the Department's
    administrative rules.
    (c) In addition to the other provisions of this Section, no
applicant may receive a license from the Department to operate
a foster family home, and no adult person may reside in a
foster family home licensed by the Department, who has been
convicted of committing or attempting to commit any of the
following offenses stipulated under the Criminal Code of 1961,
the Cannabis Control Act, the Methamphetamine Control and
Community Protection Act, and the Illinois Controlled
Substances Act:
 
(I) OFFENSES DIRECTED AGAINST THE PERSON

 
    (A) KIDNAPPING AND RELATED OFFENSES
        (1) Unlawful restraint.
 
    (B) BODILY HARM
        (2) Felony aggravated assault.
        (3) Vehicular endangerment.
        (4) Felony domestic battery.
        (5) Aggravated battery.
        (6) Heinous battery.
        (7) Aggravated battery with a firearm.
        (8) Aggravated battery of an unborn child.
        (9) Aggravated battery of a senior citizen.
        (10) Intimidation.
        (11) Compelling organization membership of persons.
        (12) Abuse and criminal gross neglect of a long term
    care facility resident.
        (13) Felony violation of an order of protection.
 
(II) OFFENSES DIRECTED AGAINST PROPERTY

 
        (14) Felony theft.
        (15) Robbery.
        (16) Armed robbery.
        (17) Aggravated robbery.
        (18) Vehicular hijacking.
        (19) Aggravated vehicular hijacking.
        (20) Burglary.
        (21) Possession of burglary tools.
        (22) Residential burglary.
        (23) Criminal fortification of a residence or
    building.
        (24) Arson.
        (25) Aggravated arson.
        (26) Possession of explosive or explosive incendiary
    devices.
 
(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 
        (27) Felony unlawful use of weapons.
        (28) Aggravated discharge of a firearm.
        (29) Reckless discharge of a firearm.
        (30) Unlawful use of metal piercing bullets.
        (31) Unlawful sale or delivery of firearms on the
    premises of any school.
        (32) Disarming a police officer.
        (33) Obstructing justice.
        (34) Concealing or aiding a fugitive.
        (35) Armed violence.
        (36) Felony contributing to the criminal delinquency
    of a juvenile.
 
(IV) DRUG OFFENSES

 
        (37) Possession of more than 30 grams of cannabis.
        (38) Manufacture of more than 10 grams of cannabis.
        (39) Cannabis trafficking.
        (40) Delivery of cannabis on school grounds.
        (41) Unauthorized production of more than 5 cannabis
    sativa plants.
        (42) Calculated criminal cannabis conspiracy.
        (43) Unauthorized manufacture or delivery of
    controlled substances.
        (44) Controlled substance trafficking.
        (45) Manufacture, distribution, or advertisement of
    look-alike substances.
        (46) Calculated criminal drug conspiracy.
        (46.5) Streetgang criminal drug conspiracy.
        (47) Permitting unlawful use of a building.
        (48) Delivery of controlled, counterfeit, or
    look-alike substances to persons under age 18, or at truck
    stops, rest stops, or safety rest areas, or on school
    property.
        (49) Using, engaging, or employing persons under 18 to
    deliver controlled, counterfeit, or look-alike substances.
        (50) Delivery of controlled substances.
        (51) Sale or delivery of drug paraphernalia.
        (52) Felony possession, sale, or exchange of
    instruments adapted for use of a controlled substance,
    methamphetamine, or cannabis by subcutaneous injection.
        (53) Any violation of the Methamphetamine Control and
    Community Protection Act.
    (d) Notwithstanding subsection (c), the Department may
issue a new foster family home license or may renew an existing
foster family home license of an applicant who was convicted of
an offense described in subsection (c), provided all of the
following requirements are met:
        (1) The relevant criminal offense or offenses occurred
    more than 10 years prior to the date of application or
    renewal.
        (2) The applicant had previously disclosed the
    conviction or convictions to the Department for purposes of
    a background check.
        (3) After the disclosure, the Department either placed
    a child in the home or the foster family home license was
    issued.
        (4) During the background check, the Department had
    assessed and waived the conviction in compliance with the
    existing statutes and rules in effect at the time of the
    waiver.
        (5) The applicant meets all other requirements and
    qualifications to be licensed as a foster family home under
    this Act and the Department's administrative rules.
        (6) The applicant has a history of providing a safe,
    stable home environment and appears able to continue to
    provide a safe, stable home environment.
(Source: P.A. 93-151, eff. 7-10-03; 94-556, eff. 9-11-05.)
 
    Section 930. The Health Care Worker Background Check Act is
amended by changing Section 25 as follows:
 
    (225 ILCS 46/25)
    Sec. 25. Persons ineligible to be hired by health care
employers and long-term care facilities.
    (a) In the discretion of the Director of Public Health, as
soon after January 1, 1996, January 1, 1997, January 1, 2006,
or October 1, 2007, as applicable, and as is reasonably
practical, no health care employer shall knowingly hire,
employ, or retain any individual in a position with duties
involving direct care for clients, patients, or residents, and
no long-term care facility shall knowingly hire, employ, or
retain any individual in a position with duties that involve or
may involve contact with residents or access to the living
quarters or the financial, medical, or personal records of
residents, who has been convicted of committing or attempting
to commit one or more of the following offenses: those defined
in Sections 8-1(b), 8-1.1, 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3,
9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1, 10-2, 10-3, 10-3.1, 10-4,
10-5, 10-7, 11-6, 11-9.1, 11-9.5, 11-19.2, 11-20.1, 12-1, 12-2,
12-3.05, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2,
12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4, 12-11, 12-13,
12-14, 12-14.1, 12-15, 12-16, 12-19, 12-21, 12-21.6, 12-32,
12-33, 16-1, 16-1.3, 16A-3, 17-3, 18-1, 18-2, 18-3, 18-4, 18-5,
19-1, 19-3, 19-4, 20-1, 20-1.1, 24-1, 24-1.2, 24-1.5, or 33A-2,
or in subsection (a) of Section 12-3 or subsection (a) or (b)
of Section 12-4.4a, of the Criminal Code of 1961; those
provided in Section 4 of the Wrongs to Children Act; those
provided in Section 53 of the Criminal Jurisprudence Act; those
defined in Section 5, 5.1, 5.2, 7, or 9 of the Cannabis Control
Act; those defined in the Methamphetamine Control and Community
Protection Act; or those defined in Sections 401, 401.1, 404,
405, 405.1, 407, or 407.1 of the Illinois Controlled Substances
Act, unless the applicant or employee obtains a waiver pursuant
to Section 40.
    (a-1) In the discretion of the Director of Public Health,
as soon after January 1, 2004 or October 1, 2007, as
applicable, and as is reasonably practical, no health care
employer shall knowingly hire any individual in a position with
duties involving direct care for clients, patients, or
residents, and no long-term care facility shall knowingly hire
any individual in a position with duties that involve or may
involve contact with residents or access to the living quarters
or the financial, medical, or personal records of residents,
who has (i) been convicted of committing or attempting to
commit one or more of the offenses defined in Section 12-3.3,
12-4.2-5, 16-2, 16G-15, 16G-20, 18-5, 20-1.2, 24-1.1,
24-1.2-5, 24-1.6, 24-3.2, or 24-3.3 of the Criminal Code of
1961; Section 4, 5, 6, 8, or 17.02 of the Illinois Credit Card
and Debit Card Act; or Section 5.1 of the Wrongs to Children
Act; or (ii) violated Section 50-50 of the Nurse Practice Act,
unless the applicant or employee obtains a waiver pursuant to
Section 40 of this Act.
    A health care employer is not required to retain an
individual in a position with duties involving direct care for
clients, patients, or residents, and no long-term care facility
is required to retain an individual in a position with duties
that involve or may involve contact with residents or access to
the living quarters or the financial, medical, or personal
records of residents, who has been convicted of committing or
attempting to commit one or more of the offenses enumerated in
this subsection.
    (b) A health care employer shall not hire, employ, or
retain any individual in a position with duties involving
direct care of clients, patients, or residents, and no
long-term care facility shall knowingly hire, employ, or retain
any individual in a position with duties that involve or may
involve contact with residents or access to the living quarters
or the financial, medical, or personal records of residents, if
the health care employer becomes aware that the individual has
been convicted in another state of committing or attempting to
commit an offense that has the same or similar elements as an
offense listed in subsection (a) or (a-1), as verified by court
records, records from a state agency, or an FBI criminal
history record check, unless the applicant or employee obtains
a waiver pursuant to Section 40 of this Act. This shall not be
construed to mean that a health care employer has an obligation
to conduct a criminal history records check in other states in
which an employee has resided.
(Source: P.A. 95-120, eff. 8-13-07; 95-639, eff. 10-5-07;
95-876, eff. 8-21-08; 96-710, eff. 1-1-10.)
 
    Section 935. The Nursing Home Administrators Licensing and
Disciplinary Act is amended by changing Section 17 as follows:
 
    (225 ILCS 70/17)  (from Ch. 111, par. 3667)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 17. Grounds for disciplinary action.
    (a) The Department may impose fines not to exceed $10,000
or may refuse to issue or to renew, or may revoke, suspend,
place on probation, censure, reprimand or take other
disciplinary or non-disciplinary action with regard to the
license of any person, for any one or combination of the
following causes:
        (1) Intentional material misstatement in furnishing
    information to the Department.
        (2) Conviction of or entry of a plea of guilty or nolo
    contendere to any crime that is a felony under the laws of
    the United States or any state or territory thereof or a
    misdemeanor of which an essential element is dishonesty or
    that is directly related to the practice of the profession
    of nursing home administration.
        (3) Making any misrepresentation for the purpose of
    obtaining a license, or violating any provision of this
    Act.
        (4) Immoral conduct in the commission of any act, such
    as sexual abuse or sexual misconduct, related to the
    licensee's practice.
        (5) Failing to respond within 30 days, to a written
    request made by the Department for information.
        (6) Engaging in dishonorable, unethical or
    unprofessional conduct of a character likely to deceive,
    defraud or harm the public.
        (7) Habitual use or addiction to alcohol, narcotics,
    stimulants, or any other chemical agent or drug which
    results in the inability to practice with reasonable
    judgment, skill or safety.
        (8) Discipline by another U.S. jurisdiction if at least
    one of the grounds for the discipline is the same or
    substantially equivalent to those set forth herein.
        (9) A finding by the Department that the licensee,
    after having his or her license placed on probationary
    status has violated the terms of probation.
        (10) Willfully making or filing false records or
    reports in his or her practice, including but not limited
    to false records filed with State agencies or departments.
        (11) Physical illness, mental illness, or other
    impairment or disability, including, but not limited to,
    deterioration through the aging process, or loss of motor
    skill that results in the inability to practice the
    profession with reasonable judgment, skill or safety.
        (12) Disregard or violation of this Act or of any rule
    issued pursuant to this Act.
        (13) Aiding or abetting another in the violation of
    this Act or any rule or regulation issued pursuant to this
    Act.
        (14) Allowing one's license to be used by an unlicensed
    person.
        (15) (Blank).
        (16) Professional incompetence in the practice of
    nursing home administration.
        (17) Conviction of a violation of Section 12-19 or
    subsection (a) of Section 12-4.4a of the Criminal Code of
    1961 for the abuse and criminal gross neglect of a long
    term care facility resident.
        (18) Violation of the Nursing Home Care Act or the
    MR/DD Community Care Act or of any rule issued under the
    Nursing Home Care Act or the MR/DD Community Care Act. A
    final adjudication of a Type "AA" violation of the Nursing
    Home Care Act made by the Illinois Department of Public
    Health, as identified by rule, relating to the hiring,
    training, planning, organizing, directing, or supervising
    the operation of a nursing home and a licensee's failure to
    comply with this Act or the rules adopted under this Act,
    shall create a rebuttable presumption of a violation of
    this subsection.
        (19) Failure to report to the Department any adverse
    final action taken against the licensee by a licensing
    authority of another state, territory of the United States,
    or foreign country; or by any governmental or law
    enforcement agency; or by any court for acts or conduct
    similar to acts or conduct that would constitute grounds
    for disciplinary action under this Section.
        (20) Failure to report to the Department the surrender
    of a license or authorization to practice as a nursing home
    administrator in another state or jurisdiction for acts or
    conduct similar to acts or conduct that would constitute
    grounds for disciplinary action under this Section.
        (21) Failure to report to the Department any adverse
    judgment, settlement, or award arising from a liability
    claim related to acts or conduct similar to acts or conduct
    that would constitute grounds for disciplinary action
    under this Section.
    All proceedings to suspend, revoke, place on probationary
status, or take any other disciplinary action as the Department
may deem proper, with regard to a license on any of the
foregoing grounds, must be commenced within 5 years next after
receipt by the Department of (i) a complaint alleging the
commission of or notice of the conviction order for any of the
acts described herein or (ii) a referral for investigation
under Section 3-108 of the Nursing Home Care Act.
    The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume their
practice only upon the entry of a Department order based upon a
finding by the Board that they have been determined to be
recovered from mental illness by the court and upon the Board's
recommendation that they be permitted to resume their practice.
    The Department, upon the recommendation of the Board, may
adopt rules which set forth standards to be used in determining
what constitutes:
        (i) when a person will be deemed sufficiently
    rehabilitated to warrant the public trust;
        (ii) dishonorable, unethical or unprofessional conduct
    of a character likely to deceive, defraud, or harm the
    public;
        (iii) immoral conduct in the commission of any act
    related to the licensee's practice; and
        (iv) professional incompetence in the practice of
    nursing home administration.
    However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.
    In enforcing this Section, the Department or Board, upon a
showing of a possible violation, may compel any individual
licensed to practice under this Act, or who has applied for
licensure pursuant to this Act, to submit to a mental or
physical examination, or both, as required by and at the
expense of the Department. The examining physician or
physicians shall be those specifically designated by the
Department or Board. The Department or Board may order the
examining physician to present testimony concerning this
mental or physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of the examination. Failure of any individual to submit
to mental or physical examination, when directed, shall be
grounds for suspension of his or her license until such time as
the individual submits to the examination if the Department
finds, after notice and hearing, that the refusal to submit to
the examination was without reasonable cause.
    If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board shall require such individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend, revoke,
or otherwise discipline the license of the individual. Any
individual whose license was granted pursuant to this Act or
continued, reinstated, renewed, disciplined or supervised,
subject to such terms, conditions or restrictions who shall
fail to comply with such terms, conditions or restrictions
shall be referred to the Secretary for a determination as to
whether the licensee shall have his or her license suspended
immediately, pending a hearing by the Department. In instances
in which the Secretary immediately suspends a license under
this Section, a hearing upon such person's license must be
convened by the Board within 30 days after such suspension and
completed without appreciable delay. The Department and Board
shall have the authority to review the subject administrator's
record of treatment and counseling regarding the impairment, to
the extent permitted by applicable federal statutes and
regulations safeguarding the confidentiality of medical
records.
    An individual licensed under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to the
Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
    (b) Any individual or organization acting in good faith,
and not in a wilful and wanton manner, in complying with this
Act by providing any report or other information to the
Department, or assisting in the investigation or preparation of
such information, or by participating in proceedings of the
Department, or by serving as a member of the Board, shall not,
as a result of such actions, be subject to criminal prosecution
or civil damages.
    (c) Members of the Board, and persons retained under
contract to assist and advise in an investigation, shall be
indemnified by the State for any actions occurring within the
scope of services on or for the Board, done in good faith and
not wilful and wanton in nature. The Attorney General shall
defend all such actions unless he or she determines either that
there would be a conflict of interest in such representation or
that the actions complained of were not in good faith or were
wilful and wanton.
    Should the Attorney General decline representation, a
person entitled to indemnification under this Section shall
have the right to employ counsel of his or her choice, whose
fees shall be provided by the State, after approval by the
Attorney General, unless there is a determination by a court
that the member's actions were not in good faith or were wilful
and wanton.
    A person entitled to indemnification under this Section
must notify the Attorney General within 7 days of receipt of
notice of the initiation of any action involving services of
the Board. Failure to so notify the Attorney General shall
constitute an absolute waiver of the right to a defense and
indemnification.
    The Attorney General shall determine within 7 days after
receiving such notice, whether he or she will undertake to
represent a person entitled to indemnification under this
Section.
    (d) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, as amended, operates as an automatic suspension. Such
suspension will end only upon a finding by a court that the
patient is no longer subject to involuntary admission or
judicial admission and issues an order so finding and
discharging the patient; and upon the recommendation of the
Board to the Secretary that the licensee be allowed to resume
his or her practice.
    (e) The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required by
any tax Act administered by the Department of Revenue, until
such time as the requirements of any such tax Act are
satisfied.
    (f) The Department of Public Health shall transmit to the
Department a list of those facilities which receive an "A"
violation as defined in Section 1-129 of the Nursing Home Care
Act.
(Source: P.A. 95-703, eff. 12-31-07; 96-339, eff. 7-1-10;
96-1372, eff. 7-29-10.)
 
    Section 945. The Illinois Sexually Transmissible Disease
Control Act is amended by changing Section 5.5 as follows:
 
    (410 ILCS 325/5.5)  (from Ch. 111 1/2, par. 7405.5)
    Sec. 5.5. Risk assessment.
    (a) Whenever the Department receives a report of HIV
infection or AIDS pursuant to this Act and the Department
determines that the subject of the report may present or may
have presented a possible risk of HIV transmission, the
Department shall, when medically appropriate, investigate the
subject of the report and that person's contacts as defined in
subsection (c), to assess the potential risks of transmission.
Any investigation and action shall be conducted in a timely
fashion. All contacts other than those defined in subsection
(c) shall be investigated in accordance with Section 5 of this
Act.
    (b) If the Department determines that there is or may have
been potential risks of HIV transmission from the subject of
the report to other persons, the Department shall afford the
subject the opportunity to submit any information and comment
on proposed actions the Department intends to take with respect
to the subject's contacts who are at potential risk of
transmission of HIV prior to notification of the subject's
contacts. The Department shall also afford the subject of the
report the opportunity to notify the subject's contacts in a
timely fashion who are at potential risk of transmission of HIV
prior to the Department taking any steps to notify such
contacts. If the subject declines to notify such contacts or if
the Department determines the notices to be inadequate or
incomplete, the Department shall endeavor to notify such other
persons of the potential risk, and offer testing and counseling
services to these individuals. When the contacts are notified,
they shall be informed of the disclosure provisions of the AIDS
Confidentiality Act and the penalties therein and this Section.
    (c) Contacts investigated under this Section shall in the
case of HIV infection include (i) individuals who have
undergone invasive procedures performed by an HIV infected
health care provider and (ii) health care providers who have
performed invasive procedures for persons infected with HIV,
provided the Department has determined that there is or may
have been potential risk of HIV transmission from the health
care provider to those individuals or from infected persons to
health care providers. The Department shall have access to the
subject's records to review for the identity of contacts. The
subject's records shall not be copied or seized by the
Department.
    For purposes of this subsection, the term "invasive
procedures" means those procedures termed invasive by the
Centers for Disease Control in current guidelines or
recommendations for the prevention of HIV transmission in
health care settings, and the term "health care provider" means
any physician, dentist, podiatrist, advanced practice nurse,
physician assistant, nurse, or other person providing health
care services of any kind.
    (d) All information and records held by the Department and
local health authorities pertaining to activities conducted
pursuant to this Section shall be strictly confidential and
exempt from copying and inspection under the Freedom of
Information Act. Such information and records shall not be
released or made public by the Department or local health
authorities, and shall not be admissible as evidence, nor
discoverable in any action of any kind in any court or before
any tribunal, board, agency or person and shall be treated in
the same manner as the information and those records subject to
the provisions of Part 21 of the Code of Civil Procedure except
under the following circumstances:
        (1) When made with the written consent of all persons
    to whom this information pertains;
        (2) When authorized under Section 8 to be released
    under court order or subpoena pursuant to Section 12-5.01
    or 12-16.2 of the Criminal Code of 1961; or
        (3) When made by the Department for the purpose of
    seeking a warrant authorized by Sections 6 and 7 of this
    Act. Such disclosure shall conform to the requirements of
    subsection (a) of Section 8 of this Act.
    (e) Any person who knowingly or maliciously disseminates
any information or report concerning the existence of any
disease under this Section is guilty of a Class A misdemeanor.
(Source: P.A. 93-962, eff. 8-20-04.)
 
    Section 950. The Illinois Vehicle Code is amended by
changing Sections 6-106.1 and 6-508 as follows:
 
    (625 ILCS 5/6-106.1)
    Sec. 6-106.1. School bus driver permit.
    (a) The Secretary of State shall issue a school bus driver
permit to those applicants who have met all the requirements of
the application and screening process under this Section to
insure the welfare and safety of children who are transported
on school buses throughout the State of Illinois. Applicants
shall obtain the proper application required by the Secretary
of State from their prospective or current employer and submit
the completed application to the prospective or current
employer along with the necessary fingerprint submission as
required by the Department of State Police to conduct
fingerprint based criminal background checks on current and
future information available in the state system and current
information available through the Federal Bureau of
Investigation's system. Applicants who have completed the
fingerprinting requirements shall not be subjected to the
fingerprinting process when applying for subsequent permits or
submitting proof of successful completion of the annual
refresher course. Individuals who on the effective date of this
Act possess a valid school bus driver permit that has been
previously issued by the appropriate Regional School
Superintendent are not subject to the fingerprinting
provisions of this Section as long as the permit remains valid
and does not lapse. The applicant shall be required to pay all
related application and fingerprinting fees as established by
rule including, but not limited to, the amounts established by
the Department of State Police and the Federal Bureau of
Investigation to process fingerprint based criminal background
investigations. All fees paid for fingerprint processing
services under this Section shall be deposited into the State
Police Services Fund for the cost incurred in processing the
fingerprint based criminal background investigations. All
other fees paid under this Section shall be deposited into the
Road Fund for the purpose of defraying the costs of the
Secretary of State in administering this Section. All
applicants must:
        1. be 21 years of age or older;
        2. possess a valid and properly classified driver's
    license issued by the Secretary of State;
        3. possess a valid driver's license, which has not been
    revoked, suspended, or canceled for 3 years immediately
    prior to the date of application, or have not had his or
    her commercial motor vehicle driving privileges
    disqualified within the 3 years immediately prior to the
    date of application;
        4. successfully pass a written test, administered by
    the Secretary of State, on school bus operation, school bus
    safety, and special traffic laws relating to school buses
    and submit to a review of the applicant's driving habits by
    the Secretary of State at the time the written test is
    given;
        5. demonstrate ability to exercise reasonable care in
    the operation of school buses in accordance with rules
    promulgated by the Secretary of State;
        6. demonstrate physical fitness to operate school
    buses by submitting the results of a medical examination,
    including tests for drug use for each applicant not subject
    to such testing pursuant to federal law, conducted by a
    licensed physician, an advanced practice nurse who has a
    written collaborative agreement with a collaborating
    physician which authorizes him or her to perform medical
    examinations, or a physician assistant who has been
    delegated the performance of medical examinations by his or
    her supervising physician within 90 days of the date of
    application according to standards promulgated by the
    Secretary of State;
        7. affirm under penalties of perjury that he or she has
    not made a false statement or knowingly concealed a
    material fact in any application for permit;
        8. have completed an initial classroom course,
    including first aid procedures, in school bus driver safety
    as promulgated by the Secretary of State; and after
    satisfactory completion of said initial course an annual
    refresher course; such courses and the agency or
    organization conducting such courses shall be approved by
    the Secretary of State; failure to complete the annual
    refresher course, shall result in cancellation of the
    permit until such course is completed;
        9. not have been convicted of 2 or more serious traffic
    offenses, as defined by rule, within one year prior to the
    date of application that may endanger the life or safety of
    any of the driver's passengers within the duration of the
    permit period;
        10. not have been convicted of reckless driving,
    aggravated reckless driving, driving while under the
    influence of alcohol, other drug or drugs, intoxicating
    compound or compounds or any combination thereof, or
    reckless homicide resulting from the operation of a motor
    vehicle within 3 years of the date of application;
        11. not have been convicted of committing or attempting
    to commit any one or more of the following offenses: (i)
    those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,
    9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
    10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5, 11-6.6, 11-9,
    11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-15, 11-15.1,
    11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
    11-19.2, 11-20, 11-20.1, 11-20.3, 11-21, 11-22, 11-23,
    11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
    12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
    12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,
    12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2,
    12-21.5, 12-21.6, 12-33, 16-16, 16-16.1, 18-1, 18-2, 18-3,
    18-4, 18-5, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1,
    24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3,
    24-3.5, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection
    (b) of Section 8-1, and in subdivisions (a)(1), (a)(2),
    (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of
    Section 12-3.05, and in subsection (a) and subsection (b),
    clause (1), of Section 12-4, and in subsection (A), clauses
    (a) and (b), of Section 24-3, and those offenses contained
    in Article 29D of the Criminal Code of 1961; (ii) those
    offenses defined in the Cannabis Control Act except those
    offenses defined in subsections (a) and (b) of Section 4,
    and subsection (a) of Section 5 of the Cannabis Control
    Act; (iii) those offenses defined in the Illinois
    Controlled Substances Act; (iv) those offenses defined in
    the Methamphetamine Control and Community Protection Act;
    (v) any offense committed or attempted in any other state
    or against the laws of the United States, which if
    committed or attempted in this State would be punishable as
    one or more of the foregoing offenses; (vi) the offenses
    defined in Section 4.1 and 5.1 of the Wrongs to Children
    Act; (vii) those offenses defined in Section 6-16 of the
    Liquor Control Act of 1934; and (viii) those offenses
    defined in the Methamphetamine Precursor Control Act; .
        12. not have been repeatedly involved as a driver in
    motor vehicle collisions or been repeatedly convicted of
    offenses against laws and ordinances regulating the
    movement of traffic, to a degree which indicates lack of
    ability to exercise ordinary and reasonable care in the
    safe operation of a motor vehicle or disrespect for the
    traffic laws and the safety of other persons upon the
    highway;
        13. not have, through the unlawful operation of a motor
    vehicle, caused an accident resulting in the death of any
    person; and
        14. not have, within the last 5 years, been adjudged to
    be afflicted with or suffering from any mental disability
    or disease.
    (b) A school bus driver permit shall be valid for a period
specified by the Secretary of State as set forth by rule. It
shall be renewable upon compliance with subsection (a) of this
Section.
    (c) A school bus driver permit shall contain the holder's
driver's license number, legal name, residence address, zip
code, social security number and date of birth, a brief
description of the holder and a space for signature. The
Secretary of State may require a suitable photograph of the
holder.
    (d) The employer shall be responsible for conducting a
pre-employment interview with prospective school bus driver
candidates, distributing school bus driver applications and
medical forms to be completed by the applicant, and submitting
the applicant's fingerprint cards to the Department of State
Police that are required for the criminal background
investigations. The employer shall certify in writing to the
Secretary of State that all pre-employment conditions have been
successfully completed including the successful completion of
an Illinois specific criminal background investigation through
the Department of State Police and the submission of necessary
fingerprints to the Federal Bureau of Investigation for
criminal history information available through the Federal
Bureau of Investigation system. The applicant shall present the
certification to the Secretary of State at the time of
submitting the school bus driver permit application.
    (e) Permits shall initially be provisional upon receiving
certification from the employer that all pre-employment
conditions have been successfully completed, and upon
successful completion of all training and examination
requirements for the classification of the vehicle to be
operated, the Secretary of State shall provisionally issue a
School Bus Driver Permit. The permit shall remain in a
provisional status pending the completion of the Federal Bureau
of Investigation's criminal background investigation based
upon fingerprinting specimens submitted to the Federal Bureau
of Investigation by the Department of State Police. The Federal
Bureau of Investigation shall report the findings directly to
the Secretary of State. The Secretary of State shall remove the
bus driver permit from provisional status upon the applicant's
successful completion of the Federal Bureau of Investigation's
criminal background investigation.
    (f) A school bus driver permit holder shall notify the
employer and the Secretary of State if he or she is convicted
in another state of an offense that would make him or her
ineligible for a permit under subsection (a) of this Section.
The written notification shall be made within 5 days of the
entry of the conviction. Failure of the permit holder to
provide the notification is punishable as a petty offense for a
first violation and a Class B misdemeanor for a second or
subsequent violation.
    (g) Cancellation; suspension; notice and procedure.
        (1) The Secretary of State shall cancel a school bus
    driver permit of an applicant whose criminal background
    investigation discloses that he or she is not in compliance
    with the provisions of subsection (a) of this Section.
        (2) The Secretary of State shall cancel a school bus
    driver permit when he or she receives notice that the
    permit holder fails to comply with any provision of this
    Section or any rule promulgated for the administration of
    this Section.
        (3) The Secretary of State shall cancel a school bus
    driver permit if the permit holder's restricted commercial
    or commercial driving privileges are withdrawn or
    otherwise invalidated.
        (4) The Secretary of State may not issue a school bus
    driver permit for a period of 3 years to an applicant who
    fails to obtain a negative result on a drug test as
    required in item 6 of subsection (a) of this Section or
    under federal law.
        (5) The Secretary of State shall forthwith suspend a
    school bus driver permit for a period of 3 years upon
    receiving notice that the holder has failed to obtain a
    negative result on a drug test as required in item 6 of
    subsection (a) of this Section or under federal law.
        (6) The Secretary of State shall suspend a school bus
    driver permit for a period of 3 years upon receiving notice
    from the employer that the holder failed to perform the
    inspection procedure set forth in subsection (a) or (b) of
    Section 12-816 of this Code.
    The Secretary of State shall notify the State
Superintendent of Education and the permit holder's
prospective or current employer that the applicant has (1) has
failed a criminal background investigation or (2) is no longer
eligible for a school bus driver permit; and of the related
cancellation of the applicant's provisional school bus driver
permit. The cancellation shall remain in effect pending the
outcome of a hearing pursuant to Section 2-118 of this Code.
The scope of the hearing shall be limited to the issuance
criteria contained in subsection (a) of this Section. A
petition requesting a hearing shall be submitted to the
Secretary of State and shall contain the reason the individual
feels he or she is entitled to a school bus driver permit. The
permit holder's employer shall notify in writing to the
Secretary of State that the employer has certified the removal
of the offending school bus driver from service prior to the
start of that school bus driver's next workshift. An employing
school board that fails to remove the offending school bus
driver from service is subject to the penalties defined in
Section 3-14.23 of the School Code. A school bus contractor who
violates a provision of this Section is subject to the
penalties defined in Section 6-106.11.
    All valid school bus driver permits issued under this
Section prior to January 1, 1995, shall remain effective until
their expiration date unless otherwise invalidated.
    (h) When a school bus driver permit holder who is a service
member is called to active duty, the employer of the permit
holder shall notify the Secretary of State, within 30 days of
notification from the permit holder, that the permit holder has
been called to active duty. Upon notification pursuant to this
subsection, (i) the Secretary of State shall characterize the
permit as inactive until a permit holder renews the permit as
provided in subsection (i) of this Section, and (ii) if a
permit holder fails to comply with the requirements of this
Section while called to active duty, the Secretary of State
shall not characterize the permit as invalid.
    (i) A school bus driver permit holder who is a service
member returning from active duty must, within 90 days, renew a
permit characterized as inactive pursuant to subsection (h) of
this Section by complying with the renewal requirements of
subsection (b) of this Section.
    (j) For purposes of subsections (h) and (i) of this
Section:
    "Active duty" means active duty pursuant to an executive
order of the President of the United States, an act of the
Congress of the United States, or an order of the Governor.
    "Service member" means a member of the Armed Services or
reserve forces of the United States or a member of the Illinois
National Guard.
(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09;
96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff.
7-22-10; revised 9-2-10.)
 
    (625 ILCS 5/6-508)  (from Ch. 95 1/2, par. 6-508)
    Sec. 6-508. Commercial Driver's License (CDL) -
qualification standards.
    (a) Testing.
        (1) General. No person shall be issued an original or
    renewal CDL unless that person is domiciled in this State.
    The Secretary shall cause to be administered such tests as
    the Secretary deems necessary to meet the requirements of
    49 C.F.R. Part 383, subparts F, G, H, and J.
        (2) Third party testing. The Secretary of state may
    authorize a "third party tester", pursuant to 49 C.F.R.
    Part 383.75, to administer the skills test or tests
    specified by Federal Motor Carrier Safety Administration
    pursuant to the Commercial Motor Vehicle Safety Act of 1986
    and any appropriate federal rule.
    (b) Waiver of Skills Test. The Secretary of State may waive
the skills test specified in this Section for a driver
applicant for a commercial driver license who meets the
requirements of 49 C.F.R. Part 383.77 and Part 383.123.
    (c) Limitations on issuance of a CDL. A CDL, or a
commercial driver instruction permit, shall not be issued to a
person while the person is subject to a disqualification from
driving a commercial motor vehicle, or unless otherwise
permitted by this Code, while the person's driver's license is
suspended, revoked or cancelled in any state, or any territory
or province of Canada; nor may a CDL be issued to a person who
has a CDL issued by any other state, or foreign jurisdiction,
unless the person first surrenders all such licenses. No CDL
shall be issued to or renewed for a person who does not meet
the requirement of 49 CFR 391.41(b)(11). The requirement may be
met with the aid of a hearing aid.
    (c-1) The Secretary may issue a CDL with a school bus
driver endorsement to allow a person to drive the type of bus
described in subsection (d-5) of Section 6-104 of this Code.
The CDL with a school bus driver endorsement may be issued only
to a person meeting the following requirements:
        (1) the person has submitted his or her fingerprints to
    the Department of State Police in the form and manner
    prescribed by the Department of State Police. These
    fingerprints shall be checked against the fingerprint
    records now and hereafter filed in the Department of State
    Police and Federal Bureau of Investigation criminal
    history records databases;
        (2) the person has passed a written test, administered
    by the Secretary of State, on charter bus operation,
    charter bus safety, and certain special traffic laws
    relating to school buses determined by the Secretary of
    State to be relevant to charter buses, and submitted to a
    review of the driver applicant's driving habits by the
    Secretary of State at the time the written test is given;
        (3) the person has demonstrated physical fitness to
    operate school buses by submitting the results of a medical
    examination, including tests for drug use; and
        (4) the person has not been convicted of committing or
    attempting to commit any one or more of the following
    offenses: (i) those offenses defined in Sections 8-1.2,
    9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
    10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5,
    11-6.6, 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1,
    11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1,
    11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.3, 11-21,
    11-22, 11-23, 11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4,
    12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6,
    12-4.7, 12-4.9, 12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3,
    12-7.4, 12-7.5, 12-11, 12-13, 12-14, 12-14.1, 12-15,
    12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, 16-16, 16-16.1,
    18-1, 18-2, 18-3, 18-4, 18-5, 20-1, 20-1.1, 20-1.2, 20-1.3,
    20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7,
    24-2.1, 24-3.3, 24-3.5, 31A-1, 31A-1.1, 33A-2, and 33D-1,
    and in subsection (b) of Section 8-1, and in subdivisions
    (a)(1), (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4),
    and (f)(1) of Section 12-3.05, and in subsection (a) and
    subsection (b), clause (1), of Section 12-4, and in
    subsection (A), clauses (a) and (b), of Section 24-3, and
    those offenses contained in Article 29D of the Criminal
    Code of 1961; (ii) those offenses defined in the Cannabis
    Control Act except those offenses defined in subsections
    (a) and (b) of Section 4, and subsection (a) of Section 5
    of the Cannabis Control Act; (iii) those offenses defined
    in the Illinois Controlled Substances Act; (iv) those
    offenses defined in the Methamphetamine Control and
    Community Protection Act; (v) any offense committed or
    attempted in any other state or against the laws of the
    United States, which if committed or attempted in this
    State would be punishable as one or more of the foregoing
    offenses; (vi) the offenses defined in Sections 4.1 and 5.1
    of the Wrongs to Children Act; (vii) those offenses defined
    in Section 6-16 of the Liquor Control Act of 1934; and
    (viii) those offenses defined in the Methamphetamine
    Precursor Control Act.
    The Department of State Police shall charge a fee for
conducting the criminal history records check, which shall be
deposited into the State Police Services Fund and may not
exceed the actual cost of the records check.
    (c-2) The Secretary shall issue a CDL with a school bus
endorsement to allow a person to drive a school bus as defined
in this Section. The CDL shall be issued according to the
requirements outlined in 49 C.F.R. 383. A person may not
operate a school bus as defined in this Section without a
school bus endorsement. The Secretary of State may adopt rules
consistent with Federal guidelines to implement this
subsection (c-2).
    (d) Commercial driver instruction permit. A commercial
driver instruction permit may be issued to any person holding a
valid Illinois driver's license if such person successfully
passes such tests as the Secretary determines to be necessary.
A commercial driver instruction permit shall not be issued to a
person who does not meet the requirements of 49 CFR 391.41
(b)(11), except for the renewal of a commercial driver
instruction permit for a person who possesses a commercial
instruction permit prior to the effective date of this
amendatory Act of 1999.
(Source: P.A. 95-331, eff. 8-21-07; 95-382, eff. 8-23-07;
96-1182, eff. 7-22-10.)
 
    Section 955. The Juvenile Court Act of 1987 is amended by
changing Sections 2-25, 3-26, 4-23, 5-130, 5-410, and 5-730 as
follows:
 
    (705 ILCS 405/2-25)  (from Ch. 37, par. 802-25)
    Sec. 2-25. Order of protection.
    (1) The court may make an order of protection in assistance
of or as a condition of any other order authorized by this Act.
The order of protection shall be based on the health, safety
and best interests of the minor and may set forth reasonable
conditions of behavior to be observed for a specified period.
Such an order may require a person:
        (a) to stay away from the home or the minor;
        (b) to permit a parent to visit the minor at stated
    periods;
        (c) to abstain from offensive conduct against the
    minor, his parent or any person to whom custody of the
    minor is awarded;
        (d) to give proper attention to the care of the home;
        (e) to cooperate in good faith with an agency to which
    custody of a minor is entrusted by the court or with an
    agency or association to which the minor is referred by the
    court;
        (f) to prohibit and prevent any contact whatsoever with
    the respondent minor by a specified individual or
    individuals who are alleged in either a criminal or
    juvenile proceeding to have caused injury to a respondent
    minor or a sibling of a respondent minor;
        (g) to refrain from acts of commission or omission that
    tend to make the home not a proper place for the minor;
        (h) to refrain from contacting the minor and the foster
    parents in any manner that is not specified in writing in
    the case plan.
    (2) The court shall enter an order of protection to
prohibit and prevent any contact between a respondent minor or
a sibling of a respondent minor and any person named in a
petition seeking an order of protection who has been convicted
of heinous battery under Section 12-4.1 or aggravated battery
under subdivision (a)(2) of Section 12-3.05, aggravated
battery of a child under Section 12-4.3 or aggravated battery
under subdivision (b)(1) of Section 12-3.05, criminal sexual
assault under Section 12-13, aggravated criminal sexual
assault under Section 12-14, predatory criminal sexual assault
of a child under Section 12-14.1, criminal sexual abuse under
Section 12-15, or aggravated criminal sexual abuse under
Section 12-16 of the Criminal Code of 1961, or has been
convicted of an offense that resulted in the death of a child,
or has violated a previous order of protection under this
Section.
    (3) When the court issues an order of protection against
any person as provided by this Section, the court shall direct
a copy of such order to the Sheriff of that county. The Sheriff
shall furnish a copy of the order of protection to the
Department of State Police within 24 hours of receipt, in the
form and manner required by the Department. The Department of
State Police shall maintain a complete record and index of such
orders of protection and make this data available to all local
law enforcement agencies.
    (4) After notice and opportunity for hearing afforded to a
person subject to an order of protection, the order may be
modified or extended for a further specified period or both or
may be terminated if the court finds that the health, safety,
and best interests of the minor and the public will be served
thereby.
    (5) An order of protection may be sought at any time during
the course of any proceeding conducted pursuant to this Act if
such an order is consistent with the health, safety, and best
interests of the minor. Any person against whom an order of
protection is sought may retain counsel to represent him at a
hearing, and has rights to be present at the hearing, to be
informed prior to the hearing in writing of the contents of the
petition seeking a protective order and of the date, place and
time of such hearing, and to cross examine witnesses called by
the petitioner and to present witnesses and argument in
opposition to the relief sought in the petition.
    (6) Diligent efforts shall be made by the petitioner to
serve any person or persons against whom any order of
protection is sought with written notice of the contents of the
petition seeking a protective order and of the date, place and
time at which the hearing on the petition is to be held. When a
protective order is being sought in conjunction with a
temporary custody hearing, if the court finds that the person
against whom the protective order is being sought has been
notified of the hearing or that diligent efforts have been made
to notify such person, the court may conduct a hearing. If a
protective order is sought at any time other than in
conjunction with a temporary custody hearing, the court may not
conduct a hearing on the petition in the absence of the person
against whom the order is sought unless the petitioner has
notified such person by personal service at least 3 days before
the hearing or has sent written notice by first class mail to
such person's last known address at least 5 days before the
hearing.
    (7) A person against whom an order of protection is being
sought who is neither a parent, guardian, legal custodian or
responsible relative as described in Section 1-5 is not a party
or respondent as defined in that Section and shall not be
entitled to the rights provided therein. Such person does not
have a right to appointed counsel or to be present at any
hearing other than the hearing in which the order of protection
is being sought or a hearing directly pertaining to that order.
Unless the court orders otherwise, such person does not have a
right to inspect the court file.
    (8) All protective orders entered under this Section shall
be in writing. Unless the person against whom the order was
obtained was present in court when the order was issued, the
sheriff, other law enforcement official or special process
server shall promptly serve that order upon that person and
file proof of such service, in the manner provided for service
of process in civil proceedings. The person against whom the
protective order was obtained may seek a modification of the
order by filing a written motion to modify the order within 7
days after actual receipt by the person of a copy of the order.
Any modification of the order granted by the court must be
determined to be consistent with the best interests of the
minor.
    (9) If a petition is filed charging a violation of a
condition contained in the protective order and if the court
determines that this violation is of a critical service
necessary to the safety and welfare of the minor, the court may
proceed to findings and an order for temporary custody.
(Source: P.A. 95-405, eff. 6-1-08.)
 
    (705 ILCS 405/3-26)  (from Ch. 37, par. 803-26)
    Sec. 3-26. Order of protection.
    (1) The court may make an order of protection in assistance
of or as a condition of any other order authorized by this Act.
The order of protection may set forth reasonable conditions of
behavior to be observed for a specified period. Such an order
may require a person:
        (a) To stay away from the home or the minor;
        (b) To permit a parent to visit the minor at stated
    periods;
        (c) To abstain from offensive conduct against the
    minor, his parent or any person to whom custody of the
    minor is awarded;
        (d) To give proper attention to the care of the home;
        (e) To cooperate in good faith with an agency to which
    custody of a minor is entrusted by the court or with an
    agency or association to which the minor is referred by the
    court;
        (f) To prohibit and prevent any contact whatsoever with
    the respondent minor by a specified individual or
    individuals who are alleged in either a criminal or
    juvenile proceeding to have caused injury to a respondent
    minor or a sibling of a respondent minor;
        (g) To refrain from acts of commission or omission that
    tend to make the home not a proper place for the minor.
    (2) The court shall enter an order of protection to
prohibit and prevent any contact between a respondent minor or
a sibling of a respondent minor and any person named in a
petition seeking an order of protection who has been convicted
of heinous battery under Section 12-4.1 or aggravated battery
under subdivision (a)(2) of Section 12-3.05, aggravated
battery of a child under Section 12-4.3 or aggravated battery
under subdivision (b)(1) of Section 12-3.05, criminal sexual
assault under Section 12-13, aggravated criminal sexual
assault under Section 12-14, predatory criminal sexual assault
of a child under Section 12-14.1, criminal sexual abuse under
Section 12-15, or aggravated criminal sexual abuse under
Section 12-16 of the Criminal Code of 1961, or has been
convicted of an offense that resulted in the death of a child,
or has violated a previous order of protection under this
Section.
    (3) When the court issues an order of protection against
any person as provided by this Section, the court shall direct
a copy of such order to the Sheriff of that county. The Sheriff
shall furnish a copy of the order of protection to the
Department of State Police within 24 hours of receipt, in the
form and manner required by the Department. The Department of
State Police shall maintain a complete record and index of such
orders of protection and make this data available to all local
law enforcement agencies.
    (4) After notice and opportunity for hearing afforded to a
person subject to an order of protection, the order may be
modified or extended for a further specified period or both or
may be terminated if the court finds that the best interests of
the minor and the public will be served thereby.
    (5) An order of protection may be sought at any time during
the course of any proceeding conducted pursuant to this Act.
Any person against whom an order of protection is sought may
retain counsel to represent him at a hearing, and has rights to
be present at the hearing, to be informed prior to the hearing
in writing of the contents of the petition seeking a protective
order and of the date, place and time of such hearing, and to
cross examine witnesses called by the petitioner and to present
witnesses and argument in opposition to the relief sought in
the petition.
    (6) Diligent efforts shall be made by the petitioner to
serve any person or persons against whom any order of
protection is sought with written notice of the contents of the
petition seeking a protective order and of the date, place and
time at which the hearing on the petition is to be held. When a
protective order is being sought in conjunction with a shelter
care hearing, if the court finds that the person against whom
the protective order is being sought has been notified of the
hearing or that diligent efforts have been made to notify such
person, the court may conduct a hearing. If a protective order
is sought at any time other than in conjunction with a shelter
care hearing, the court may not conduct a hearing on the
petition in the absence of the person against whom the order is
sought unless the petitioner has notified such person by
personal service at least 3 days before the hearing or has sent
written notice by first class mail to such person's last known
address at least 5 days before the hearing.
    (7) A person against whom an order of protection is being
sought who is neither a parent, guardian, legal custodian or
responsible relative as described in Section 1-5 is not a party
or respondent as defined in that Section and shall not be
entitled to the rights provided therein. Such person does not
have a right to appointed counsel or to be present at any
hearing other than the hearing in which the order of protection
is being sought or a hearing directly pertaining to that order.
Unless the court orders otherwise, such person does not have a
right to inspect the court file.
    (8) All protective orders entered under this Section shall
be in writing. Unless the person against whom the order was
obtained was present in court when the order was issued, the
sheriff, other law enforcement official or special process
server shall promptly serve that order upon that person and
file proof of such service, in the manner provided for service
of process in civil proceedings. The person against whom the
protective order was obtained may seek a modification of the
order by filing a written motion to modify the order within 7
days after actual receipt by the person of a copy of the order.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
90-655, eff. 7-30-98.)
 
    (705 ILCS 405/4-23)  (from Ch. 37, par. 804-23)
    Sec. 4-23. Order of protection.
    (1) The court may make an order of protection in assistance
of or as a condition of any other order authorized by this Act.
The order of protection may set forth reasonable conditions of
behavior to be observed for a specified period. Such an order
may require a person:
        (a) To stay away from the home or the minor;
        (b) To permit a parent to visit the minor at stated
    periods;
        (c) To abstain from offensive conduct against the
    minor, his parent or any person to whom custody of the
    minor is awarded;
        (d) To give proper attention to the care of the home;
        (e) To cooperate in good faith with an agency to which
    custody of a minor is entrusted by the court or with an
    agency or association to which the minor is referred by the
    court;
        (f) To prohibit and prevent any contact whatsoever with
    the respondent minor by a specified individual or
    individuals who are alleged in either a criminal or
    juvenile proceeding to have caused injury to a respondent
    minor or a sibling of a respondent minor;
        (g) To refrain from acts of commission or omission that
    tend to make the home not a proper place for the minor.
    (2) The court shall enter an order of protection to
prohibit and prevent any contact between a respondent minor or
a sibling of a respondent minor and any person named in a
petition seeking an order of protection who has been convicted
of heinous battery under Section 12-4.1 or aggravated battery
under subdivision (a)(2) of Section 12-3.05, aggravated
battery of a child under Section 12-4.3 or aggravated battery
under subdivision (b)(1) of Section 12-3.05, criminal sexual
assault under Section 12-13, aggravated criminal sexual
assault under Section 12-14, predatory criminal sexual assault
of a child under Section 12-14.1, criminal sexual abuse under
Section 12-15, or aggravated criminal sexual abuse under
Section 12-16 of the Criminal Code of 1961, or has been
convicted of an offense that resulted in the death of a child,
or has violated a previous order of protection under this
Section.
    (3) When the court issues an order of protection against
any person as provided by this Section, the court shall direct
a copy of such order to the Sheriff of that county. The Sheriff
shall furnish a copy of the order of protection to the
Department of State Police within 24 hours of receipt, in the
form and manner required by the Department. The Department of
State Police shall maintain a complete record and index of such
orders of protection and make this data available to all local
law enforcement agencies.
    (4) After notice and opportunity for hearing afforded to a
person subject to an order of protection, the order may be
modified or extended for a further specified period or both or
may be terminated if the court finds that the best interests of
the minor and the public will be served thereby.
    (5) An order of protection may be sought at any time during
the course of any proceeding conducted pursuant to this Act.
Any person against whom an order of protection is sought may
retain counsel to represent him at a hearing, and has rights to
be present at the hearing, to be informed prior to the hearing
in writing of the contents of the petition seeking a protective
order and of the date, place and time of such hearing, and to
cross examine witnesses called by the petitioner and to present
witnesses and argument in opposition to the relief sought in
the petition.
    (6) Diligent efforts shall be made by the petitioner to
serve any person or persons against whom any order of
protection is sought with written notice of the contents of the
petition seeking a protective order and of the date, place and
time at which the hearing on the petition is to be held. When a
protective order is being sought in conjunction with a shelter
care hearing, if the court finds that the person against whom
the protective order is being sought has been notified of the
hearing or that diligent efforts have been made to notify such
person, the court may conduct a hearing. If a protective order
is sought at any time other than in conjunction with a shelter
care hearing, the court may not conduct a hearing on the
petition in the absence of the person against whom the order is
sought unless the petitioner has notified such person by
personal service at least 3 days before the hearing or has sent
written notice by first class mail to such person's last known
address at least 5 days before the hearing.
    (7) A person against whom an order of protection is being
sought who is neither a parent, guardian, legal custodian or
responsible relative as described in Section 1-5 is not a party
or respondent as defined in that Section and shall not be
entitled to the rights provided therein. Such person does not
have a right to appointed counsel or to be present at any
hearing other than the hearing in which the order of protection
is being sought or a hearing directly pertaining to that order.
Unless the court orders otherwise, such person does not have a
right to inspect the court file.
    (8) All protective orders entered under this Section shall
be in writing. Unless the person against whom the order was
obtained was present in court when the order was issued, the
sheriff, other law enforcement official or special process
server shall promptly serve that order upon that person and
file proof of such service, in the manner provided for service
of process in civil proceedings. The person against whom the
protective order was obtained may seek a modification of the
order by filing a written motion to modify the order within 7
days after actual receipt by the person of a copy of the order.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
90-655, eff. 7-30-98.)
 
    (705 ILCS 405/5-130)
    Sec. 5-130. Excluded jurisdiction.
    (1) (a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time of an offense was at least 15 years of age and who is
charged with: (i) first degree murder, (ii) aggravated criminal
sexual assault, (iii) aggravated battery with a firearm as
described in Section 12-4.2 or subdivision (e)(1), (e)(2),
(e)(3), or (e)(4) of Section 12-3.05 where the minor personally
discharged a firearm as defined in Section 2-15.5 of the
Criminal Code of 1961, (iv) armed robbery when the armed
robbery was committed with a firearm, or (v) aggravated
vehicular hijacking when the hijacking was committed with a
firearm.
    These charges and all other charges arising out of the same
incident shall be prosecuted under the criminal laws of this
State.
    (b) (i) If before trial or plea an information or
indictment is filed that does not charge an offense specified
in paragraph (a) of this subsection (1) the State's Attorney
may proceed on any lesser charge or charges, but only in
Juvenile Court under the provisions of this Article. The
State's Attorney may proceed under the Criminal Code of 1961 on
a lesser charge if before trial the minor defendant knowingly
and with advice of counsel waives, in writing, his or her right
to have the matter proceed in Juvenile Court.
    (ii) If before trial or plea an information or indictment
is filed that includes one or more charges specified in
paragraph (a) of this subsection (1) and additional charges
that are not specified in that paragraph, all of the charges
arising out of the same incident shall be prosecuted under the
Criminal Code of 1961.
    (c) (i) If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection (1),
then, in sentencing the minor, the court shall have available
any or all dispositions prescribed for that offense under
Chapter V of the Unified Code of Corrections.
    (ii) If after trial or plea the court finds that the minor
committed an offense not covered by paragraph (a) of this
subsection (1), that finding shall not invalidate the verdict
or the prosecution of the minor under the criminal laws of the
State; however, unless the State requests a hearing for the
purpose of sentencing the minor under Chapter V of the Unified
Code of Corrections, the Court must proceed under Sections
5-705 and 5-710 of this Article. To request a hearing, the
State must file a written motion within 10 days following the
entry of a finding or the return of a verdict. Reasonable
notice of the motion shall be given to the minor or his or her
counsel. If the motion is made by the State, the court shall
conduct a hearing to determine if the minor should be sentenced
under Chapter V of the Unified Code of Corrections. In making
its determination, the court shall consider among other
matters: (a) whether there is evidence that the offense was
committed in an aggressive and premeditated manner; (b) the age
of the minor; (c) the previous history of the minor; (d)
whether there are facilities particularly available to the
Juvenile Court or the Department of Juvenile Justice for the
treatment and rehabilitation of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be sentenced
under Chapter V of the Unified Code of Corrections, then the
court shall sentence the minor accordingly having available to
it any or all dispositions so prescribed.
    (2) (Blank).
    (3) (a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time of the offense was at least 15 years of age and who is
charged with a violation of the provisions of paragraph (1),
(3), (4), or (10) of subsection (a) of Section 24-1 of the
Criminal Code of 1961 while in school, regardless of the time
of day or the time of year, or on the real property comprising
any school, regardless of the time of day or the time of year.
School is defined, for purposes of this Section as any public
or private elementary or secondary school, community college,
college, or university. These charges and all other charges
arising out of the same incident shall be prosecuted under the
criminal laws of this State.
    (b) (i) If before trial or plea an information or
indictment is filed that does not charge an offense specified
in paragraph (a) of this subsection (3) the State's Attorney
may proceed on any lesser charge or charges, but only in
Juvenile Court under the provisions of this Article. The
State's Attorney may proceed under the criminal laws of this
State on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing, his or
her right to have the matter proceed in Juvenile Court.
    (ii) If before trial or plea an information or indictment
is filed that includes one or more charges specified in
paragraph (a) of this subsection (3) and additional charges
that are not specified in that paragraph, all of the charges
arising out of the same incident shall be prosecuted under the
criminal laws of this State.
    (c) (i) If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection (3),
then, in sentencing the minor, the court shall have available
any or all dispositions prescribed for that offense under
Chapter V of the Unified Code of Corrections.
    (ii) If after trial or plea the court finds that the minor
committed an offense not covered by paragraph (a) of this
subsection (3), that finding shall not invalidate the verdict
or the prosecution of the minor under the criminal laws of the
State; however, unless the State requests a hearing for the
purpose of sentencing the minor under Chapter V of the Unified
Code of Corrections, the Court must proceed under Sections
5-705 and 5-710 of this Article. To request a hearing, the
State must file a written motion within 10 days following the
entry of a finding or the return of a verdict. Reasonable
notice of the motion shall be given to the minor or his or her
counsel. If the motion is made by the State, the court shall
conduct a hearing to determine if the minor should be sentenced
under Chapter V of the Unified Code of Corrections. In making
its determination, the court shall consider among other
matters: (a) whether there is evidence that the offense was
committed in an aggressive and premeditated manner; (b) the age
of the minor; (c) the previous history of the minor; (d)
whether there are facilities particularly available to the
Juvenile Court or the Department of Juvenile Justice for the
treatment and rehabilitation of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be sentenced
under Chapter V of the Unified Code of Corrections, then the
court shall sentence the minor accordingly having available to
it any or all dispositions so prescribed.
    (4) (a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time of an offense was at least 13 years of age and who is
charged with first degree murder committed during the course of
either aggravated criminal sexual assault, criminal sexual
assault, or aggravated kidnaping. However, this subsection (4)
does not include a minor charged with first degree murder based
exclusively upon the accountability provisions of the Criminal
Code of 1961.
    (b) (i) If before trial or plea an information or
indictment is filed that does not charge first degree murder
committed during the course of aggravated criminal sexual
assault, criminal sexual assault, or aggravated kidnaping, the
State's Attorney may proceed on any lesser charge or charges,
but only in Juvenile Court under the provisions of this
Article. The State's Attorney may proceed under the criminal
laws of this State on a lesser charge if before trial the minor
defendant knowingly and with advice of counsel waives, in
writing, his or her right to have the matter proceed in
Juvenile Court.
    (ii) If before trial or plea an information or indictment
is filed that includes first degree murder committed during the
course of aggravated criminal sexual assault, criminal sexual
assault, or aggravated kidnaping, and additional charges that
are not specified in paragraph (a) of this subsection, all of
the charges arising out of the same incident shall be
prosecuted under the criminal laws of this State.
    (c) (i) If after trial or plea the minor is convicted of
first degree murder committed during the course of aggravated
criminal sexual assault, criminal sexual assault, or
aggravated kidnaping, in sentencing the minor, the court shall
have available any or all dispositions prescribed for that
offense under Chapter V of the Unified Code of Corrections.
    (ii) If the minor was not yet 15 years of age at the time of
the offense, and if after trial or plea the court finds that
the minor committed an offense other than first degree murder
committed during the course of either aggravated criminal
sexual assault, criminal sexual assault, or aggravated
kidnapping, the finding shall not invalidate the verdict or the
prosecution of the minor under the criminal laws of the State;
however, unless the State requests a hearing for the purpose of
sentencing the minor under Chapter V of the Unified Code of
Corrections, the Court must proceed under Sections 5-705 and
5-710 of this Article. To request a hearing, the State must
file a written motion within 10 days following the entry of a
finding or the return of a verdict. Reasonable notice of the
motion shall be given to the minor or his or her counsel. If
the motion is made by the State, the court shall conduct a
hearing to determine whether the minor should be sentenced
under Chapter V of the Unified Code of Corrections. In making
its determination, the court shall consider among other
matters: (a) whether there is evidence that the offense was
committed in an aggressive and premeditated manner; (b) the age
of the minor; (c) the previous delinquent history of the minor;
(d) whether there are facilities particularly available to the
Juvenile Court or the Department of Juvenile Justice for the
treatment and rehabilitation of the minor; (e) whether the best
interest of the minor and the security of the public require
sentencing under Chapter V of the Unified Code of Corrections;
and (f) whether the minor possessed a deadly weapon when
committing the offense. The rules of evidence shall be the same
as if at trial. If after the hearing the court finds that the
minor should be sentenced under Chapter V of the Unified Code
of Corrections, then the court shall sentence the minor
accordingly having available to it any or all dispositions so
prescribed.
    (5) (a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who is
charged with a violation of subsection (a) of Section 31-6 or
Section 32-10 of the Criminal Code of 1961 when the minor is
subject to prosecution under the criminal laws of this State as
a result of the application of the provisions of Section 5-125,
or subsection (1) or (2) of this Section. These charges and all
other charges arising out of the same incident shall be
prosecuted under the criminal laws of this State.
    (b) (i) If before trial or plea an information or
indictment is filed that does not charge an offense specified
in paragraph (a) of this subsection (5), the State's Attorney
may proceed on any lesser charge or charges, but only in
Juvenile Court under the provisions of this Article. The
State's Attorney may proceed under the criminal laws of this
State on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing, his or
her right to have the matter proceed in Juvenile Court.
    (ii) If before trial or plea an information or indictment
is filed that includes one or more charges specified in
paragraph (a) of this subsection (5) and additional charges
that are not specified in that paragraph, all of the charges
arising out of the same incident shall be prosecuted under the
criminal laws of this State.
    (c) (i) If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection (5),
then, in sentencing the minor, the court shall have available
any or all dispositions prescribed for that offense under
Chapter V of the Unified Code of Corrections.
    (ii) If after trial or plea the court finds that the minor
committed an offense not covered by paragraph (a) of this
subsection (5), the conviction shall not invalidate the verdict
or the prosecution of the minor under the criminal laws of this
State; however, unless the State requests a hearing for the
purpose of sentencing the minor under Chapter V of the Unified
Code of Corrections, the Court must proceed under Sections
5-705 and 5-710 of this Article. To request a hearing, the
State must file a written motion within 10 days following the
entry of a finding or the return of a verdict. Reasonable
notice of the motion shall be given to the minor or his or her
counsel. If the motion is made by the State, the court shall
conduct a hearing to determine if whether the minor should be
sentenced under Chapter V of the Unified Code of Corrections.
In making its determination, the court shall consider among
other matters: (a) whether there is evidence that the offense
was committed in an aggressive and premeditated manner; (b) the
age of the minor; (c) the previous delinquent history of the
minor; (d) whether there are facilities particularly available
to the Juvenile Court or the Department of Juvenile Justice for
the treatment and rehabilitation of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be sentenced
under Chapter V of the Unified Code of Corrections, then the
court shall sentence the minor accordingly having available to
it any or all dispositions so prescribed.
    (6) The definition of delinquent minor under Section 5-120
of this Article shall not apply to any minor who, pursuant to
subsection (1) or (3) or Section 5-805 or 5-810, has previously
been placed under the jurisdiction of the criminal court and
has been convicted of a crime under an adult criminal or penal
statute. Such a minor shall be subject to prosecution under the
criminal laws of this State.
    (7) The procedures set out in this Article for the
investigation, arrest and prosecution of juvenile offenders
shall not apply to minors who are excluded from jurisdiction of
the Juvenile Court, except that minors under 17 years of age
shall be kept separate from confined adults.
    (8) Nothing in this Act prohibits or limits the prosecution
of any minor for an offense committed on or after his or her
17th birthday even though he or she is at the time of the
offense a ward of the court.
    (9) If an original petition for adjudication of wardship
alleges the commission by a minor 13 years of age or over of an
act that constitutes a crime under the laws of this State, the
minor, with the consent of his or her counsel, may, at any time
before commencement of the adjudicatory hearing, file with the
court a motion that criminal prosecution be ordered and that
the petition be dismissed insofar as the act or acts involved
in the criminal proceedings are concerned. If such a motion is
filed as herein provided, the court shall enter its order
accordingly.
    (10) If, prior to August 12, 2005 (the effective date of
Public Act 94-574), a minor is charged with a violation of
Section 401 of the Illinois Controlled Substances Act under the
criminal laws of this State, other than a minor charged with a
Class X felony violation of the Illinois Controlled Substances
Act or the Methamphetamine Control and Community Protection
Act, any party including the minor or the court sua sponte may,
before trial, move for a hearing for the purpose of trying and
sentencing the minor as a delinquent minor. To request a
hearing, the party must file a motion prior to trial.
Reasonable notice of the motion shall be given to all parties.
On its own motion or upon the filing of a motion by one of the
parties including the minor, the court shall conduct a hearing
to determine whether the minor should be tried and sentenced as
a delinquent minor under this Article. In making its
determination, the court shall consider among other matters:
    (a) The age of the minor;
    (b) Any previous delinquent or criminal history of the
minor;
    (c) Any previous abuse or neglect history of the minor;
    (d) Any mental health or educational history of the minor,
or both; and
    (e) Whether there is probable cause to support the charge,
whether the minor is charged through accountability, and
whether there is evidence the minor possessed a deadly weapon
or caused serious bodily harm during the offense.
    Any material that is relevant and reliable shall be
admissible at the hearing. In all cases, the judge shall enter
an order permitting prosecution under the criminal laws of
Illinois unless the judge makes a finding based on a
preponderance of the evidence that the minor would be amenable
to the care, treatment, and training programs available through
the facilities of the juvenile court based on an evaluation of
the factors listed in this subsection (10).
(Source: P.A. 94-556, eff. 9-11-05; 94-574, eff. 8-12-05;
94-696, eff. 6-1-06.)
 
    (705 ILCS 405/5-410)
    Sec. 5-410. Non-secure custody or detention.
    (1) Any minor arrested or taken into custody pursuant to
this Act who requires care away from his or her home but who
does not require physical restriction shall be given temporary
care in a foster family home or other shelter facility
designated by the court.
    (2) (a) Any minor 10 years of age or older arrested
pursuant to this Act where there is probable cause to believe
that the minor is a delinquent minor and that (i) secured
custody is a matter of immediate and urgent necessity for the
protection of the minor or of the person or property of
another, (ii) the minor is likely to flee the jurisdiction of
the court, or (iii) the minor was taken into custody under a
warrant, may be kept or detained in an authorized detention
facility. No minor under 12 years of age shall be detained in a
county jail or a municipal lockup for more than 6 hours.
    (b) The written authorization of the probation officer or
detention officer (or other public officer designated by the
court in a county having 3,000,000 or more inhabitants)
constitutes authority for the superintendent of any juvenile
detention home to detain and keep a minor for up to 40 hours,
excluding Saturdays, Sundays and court-designated holidays.
These records shall be available to the same persons and
pursuant to the same conditions as are law enforcement records
as provided in Section 5-905.
    (b-4) The consultation required by subsection (b-5) shall
not be applicable if the probation officer or detention officer
(or other public officer designated by the court in a county
having 3,000,000 or more inhabitants) utilizes a scorable
detention screening instrument, which has been developed with
input by the State's Attorney, to determine whether a minor
should be detained, however, subsection (b-5) shall still be
applicable where no such screening instrument is used or where
the probation officer, detention officer (or other public
officer designated by the court in a county having 3,000,000 or
more inhabitants) deviates from the screening instrument.
    (b-5) Subject to the provisions of subsection (b-4), if a
probation officer or detention officer (or other public officer
designated by the court in a county having 3,000,000 or more
inhabitants) does not intend to detain a minor for an offense
which constitutes one of the following offenses he or she shall
consult with the State's Attorney's Office prior to the release
of the minor: first degree murder, second degree murder,
involuntary manslaughter, criminal sexual assault, aggravated
criminal sexual assault, aggravated battery with a firearm as
described in Section 12-4.2 or subdivision (e)(1), (e)(2),
(e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous
battery involving permanent disability or disfigurement or
great bodily harm, robbery, aggravated robbery, armed robbery,
vehicular hijacking, aggravated vehicular hijacking, vehicular
invasion, arson, aggravated arson, kidnapping, aggravated
kidnapping, home invasion, burglary, or residential burglary.
    (c) Except as otherwise provided in paragraph (a), (d), or
(e), no minor shall be detained in a county jail or municipal
lockup for more than 12 hours, unless the offense is a crime of
violence in which case the minor may be detained up to 24
hours. For the purpose of this paragraph, "crime of violence"
has the meaning ascribed to it in Section 1-10 of the
Alcoholism and Other Drug Abuse and Dependency Act.
        (i) The period of detention is deemed to have begun
    once the minor has been placed in a locked room or cell or
    handcuffed to a stationary object in a building housing a
    county jail or municipal lockup. Time spent transporting a
    minor is not considered to be time in detention or secure
    custody.
        (ii) Any minor so confined shall be under periodic
    supervision and shall not be permitted to come into or
    remain in contact with adults in custody in the building.
        (iii) Upon placement in secure custody in a jail or
    lockup, the minor shall be informed of the purpose of the
    detention, the time it is expected to last and the fact
    that it cannot exceed the time specified under this Act.
        (iv) A log shall be kept which shows the offense which
    is the basis for the detention, the reasons and
    circumstances for the decision to detain and the length of
    time the minor was in detention.
        (v) Violation of the time limit on detention in a
    county jail or municipal lockup shall not, in and of
    itself, render inadmissible evidence obtained as a result
    of the violation of this time limit. Minors under 17 years
    of age shall be kept separate from confined adults and may
    not at any time be kept in the same cell, room or yard with
    adults confined pursuant to criminal law. Persons 17 years
    of age and older who have a petition of delinquency filed
    against them may be confined in an adult detention
    facility. In making a determination whether to confine a
    person 17 years of age or older who has a petition of
    delinquency filed against the person, these factors, among
    other matters, shall be considered:
            (A) The age of the person;
            (B) Any previous delinquent or criminal history of
        the person;
            (C) Any previous abuse or neglect history of the
        person; and
            (D) Any mental health or educational history of the
        person, or both.
    (d) (i) If a minor 12 years of age or older is confined in a
county jail in a county with a population below 3,000,000
inhabitants, then the minor's confinement shall be implemented
in such a manner that there will be no contact by sight, sound
or otherwise between the minor and adult prisoners. Minors 12
years of age or older must be kept separate from confined
adults and may not at any time be kept in the same cell, room,
or yard with confined adults. This paragraph (d)(i) shall only
apply to confinement pending an adjudicatory hearing and shall
not exceed 40 hours, excluding Saturdays, Sundays and court
designated holidays. To accept or hold minors during this time
period, county jails shall comply with all monitoring standards
promulgated by the Department of Corrections and training
standards approved by the Illinois Law Enforcement Training
Standards Board.
    (ii) To accept or hold minors, 12 years of age or older,
after the time period prescribed in paragraph (d)(i) of this
subsection (2) of this Section but not exceeding 7 days
including Saturdays, Sundays and holidays pending an
adjudicatory hearing, county jails shall comply with all
temporary detention standards promulgated by the Department of
Corrections and training standards approved by the Illinois Law
Enforcement Training Standards Board.
    (iii) To accept or hold minors 12 years of age or older,
after the time period prescribed in paragraphs (d)(i) and
(d)(ii) of this subsection (2) of this Section, county jails
shall comply with all programmatic and training standards for
juvenile detention homes promulgated by the Department of
Corrections.
    (e) When a minor who is at least 15 years of age is
prosecuted under the criminal laws of this State, the court may
enter an order directing that the juvenile be confined in the
county jail. However, any juvenile confined in the county jail
under this provision shall be separated from adults who are
confined in the county jail in such a manner that there will be
no contact by sight, sound or otherwise between the juvenile
and adult prisoners.
    (f) For purposes of appearing in a physical lineup, the
minor may be taken to a county jail or municipal lockup under
the direct and constant supervision of a juvenile police
officer. During such time as is necessary to conduct a lineup,
and while supervised by a juvenile police officer, the sight
and sound separation provisions shall not apply.
    (g) For purposes of processing a minor, the minor may be
taken to a County Jail or municipal lockup under the direct and
constant supervision of a law enforcement officer or
correctional officer. During such time as is necessary to
process the minor, and while supervised by a law enforcement
officer or correctional officer, the sight and sound separation
provisions shall not apply.
    (3) If the probation officer or State's Attorney (or such
other public officer designated by the court in a county having
3,000,000 or more inhabitants) determines that the minor may be
a delinquent minor as described in subsection (3) of Section
5-105, and should be retained in custody but does not require
physical restriction, the minor may be placed in non-secure
custody for up to 40 hours pending a detention hearing.
    (4) Any minor taken into temporary custody, not requiring
secure detention, may, however, be detained in the home of his
or her parent or guardian subject to such conditions as the
court may impose.
(Source: P.A. 93-255, eff. 1-1-04.)
 
    (705 ILCS 405/5-730)
    Sec. 5-730. Order of protection.
    (1) The court may make an order of protection in assistance
of or as a condition of any other order authorized by this Act.
The order of protection may set forth reasonable conditions of
behavior to be observed for a specified period. The order may
require a person:
        (a) to stay away from the home or the minor;
        (b) to permit a parent to visit the minor at stated
    periods;
        (c) to abstain from offensive conduct against the
    minor, his or her parent or any person to whom custody of
    the minor is awarded;
        (d) to give proper attention to the care of the home;
        (e) to cooperate in good faith with an agency to which
    custody of a minor is entrusted by the court or with an
    agency or association to which the minor is referred by the
    court;
        (f) to prohibit and prevent any contact whatsoever with
    the respondent minor by a specified individual or
    individuals who are alleged in either a criminal or
    juvenile proceeding to have caused injury to a respondent
    minor or a sibling of a respondent minor;
        (g) to refrain from acts of commission or omission that
    tend to make the home not a proper place for the minor.
    (2) The court shall enter an order of protection to
prohibit and prevent any contact between a respondent minor or
a sibling of a respondent minor and any person named in a
petition seeking an order of protection who has been convicted
of heinous battery under Section 12-4.1 or aggravated battery
under subdivision (a)(2) of Section 12-3.05, aggravated
battery of a child under Section 12-4.3 or aggravated battery
under subdivision (b)(1) of Section 12-3.05, criminal sexual
assault under Section 12-13, aggravated criminal sexual
assault under Section 12-14, predatory criminal sexual assault
of a child under Section 12-14.1, criminal sexual abuse under
Section 12-15, or aggravated criminal sexual abuse under
Section 12-16 of the Criminal Code of 1961, or has been
convicted of an offense that resulted in the death of a child,
or has violated a previous order of protection under this
Section.
    (3) When the court issues an order of protection against
any person as provided by this Section, the court shall direct
a copy of such order to the sheriff of that county. The sheriff
shall furnish a copy of the order of protection to the
Department of State Police within 24 hours of receipt, in the
form and manner required by the Department. The Department of
State Police shall maintain a complete record and index of the
orders of protection and make this data available to all local
law enforcement agencies.
    (4) After notice and opportunity for hearing afforded to a
person subject to an order of protection, the order may be
modified or extended for a further specified period or both or
may be terminated if the court finds that the best interests of
the minor and the public will be served by the modification,
extension, or termination.
    (5) An order of protection may be sought at any time during
the course of any proceeding conducted under this Act. Any
person against whom an order of protection is sought may retain
counsel to represent him or her at a hearing, and has rights to
be present at the hearing, to be informed prior to the hearing
in writing of the contents of the petition seeking a protective
order and of the date, place, and time of the hearing, and to
cross-examine witnesses called by the petitioner and to present
witnesses and argument in opposition to the relief sought in
the petition.
    (6) Diligent efforts shall be made by the petitioner to
serve any person or persons against whom any order of
protection is sought with written notice of the contents of the
petition seeking a protective order and of the date, place and
time at which the hearing on the petition is to be held. When a
protective order is being sought in conjunction with a shelter
care or detention hearing, if the court finds that the person
against whom the protective order is being sought has been
notified of the hearing or that diligent efforts have been made
to notify the person, the court may conduct a hearing. If a
protective order is sought at any time other than in
conjunction with a shelter care or detention hearing, the court
may not conduct a hearing on the petition in the absence of the
person against whom the order is sought unless the petitioner
has notified the person by personal service at least 3 days
before the hearing or has sent written notice by first class
mail to the person's last known address at least 5 days before
the hearing.
    (7) A person against whom an order of protection is being
sought who is neither a parent, guardian, or legal custodian or
responsible relative as described in Section 1-5 of this Act or
is not a party or respondent as defined in that Section shall
not be entitled to the rights provided in that Section. The
person does not have a right to appointed counsel or to be
present at any hearing other than the hearing in which the
order of protection is being sought or a hearing directly
pertaining to that order. Unless the court orders otherwise,
the person does not have a right to inspect the court file.
    (8) All protective orders entered under this Section shall
be in writing. Unless the person against whom the order was
obtained was present in court when the order was issued, the
sheriff, other law enforcement official, or special process
server shall promptly serve that order upon that person and
file proof of that service, in the manner provided for service
of process in civil proceedings. The person against whom the
protective order was obtained may seek a modification of the
order by filing a written motion to modify the order within 7
days after actual receipt by the person of a copy of the order.
(Source: P.A. 90-590, eff. 1-1-99.)
 
    Section 960. The Criminal Code of 1961 is amended by
changing Sections 2-10.1, 24-1.7, 33A-2, 33A-3, and 36-1 as
follows:
 
    (720 ILCS 5/2-10.1)  (from Ch. 38, par. 2-10.1)
    Sec. 2-10.1. "Severely or profoundly mentally retarded
person" means a person (i) whose intelligence quotient does not
exceed 40 or (ii) whose intelligence quotient does not exceed
55 and who suffers from significant mental illness to the
extent that the person's ability to exercise rational judgment
is impaired. In any proceeding in which the defendant is
charged with committing a violation of Section 10-2, 10-5,
11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-4.3, 12-14, or 12-16, or
subdivision (b)(1) of Section 12-3.05, of this Code against a
victim who is alleged to be a severely or profoundly mentally
retarded person, any findings concerning the victim's status as
a severely or profoundly mentally retarded person, made by a
court after a judicial admission hearing concerning the victim
under Articles V and VI of Chapter 4 of the Mental Health and
Developmental Disabilities Code shall be admissible.
(Source: P.A. 92-434, eff. 1-1-02.)
 
    (720 ILCS 5/24-1.7)
    Sec. 24-1.7. Armed habitual criminal.
    (a) A person commits the offense of being an armed habitual
criminal if he or she receives, sells, possesses, or transfers
any firearm after having been convicted a total of 2 or more
times of any combination of the following offenses:
        (1) a forcible felony as defined in Section 2-8 of this
    Code;
        (2) unlawful use of a weapon by a felon; aggravated
    unlawful use of a weapon; aggravated discharge of a
    firearm; vehicular hijacking; aggravated vehicular
    hijacking; aggravated battery of a child as described in
    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
    intimidation; aggravated intimidation; gunrunning; home
    invasion; or aggravated battery with a firearm as described
    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
    (e)(4) of Section 12-3.05; or
        (3) any violation of the Illinois Controlled
    Substances Act or the Cannabis Control Act that is
    punishable as a Class 3 felony or higher.
    (b) Sentence. Being an armed habitual criminal is a Class X
felony.
(Source: P.A. 94-398, eff. 8-2-05.)
 
    (720 ILCS 5/33A-2)  (from Ch. 38, par. 33A-2)
    Sec. 33A-2. Armed violence-Elements of the offense.
    (a) A person commits armed violence when, while armed with
a dangerous weapon, he commits any felony defined by Illinois
Law, except first degree murder, attempted first degree murder,
intentional homicide of an unborn child, second degree murder,
involuntary manslaughter, reckless homicide, predatory
criminal sexual assault of a child, aggravated battery of a
child as described in Section 12-4.3 or subdivision (b)(1) of
Section 12-3.05, home invasion, or any offense that makes the
possession or use of a dangerous weapon either an element of
the base offense, an aggravated or enhanced version of the
offense, or a mandatory sentencing factor that increases the
sentencing range.
    (b) A person commits armed violence when he or she
personally discharges a firearm that is a Category I or
Category II weapon while committing any felony defined by
Illinois law, except first degree murder, attempted first
degree murder, intentional homicide of an unborn child, second
degree murder, involuntary manslaughter, reckless homicide,
predatory criminal sexual assault of a child, aggravated
battery of a child as described in Section 12-4.3 or
subdivision (b)(1) of Section 12-3.05, home invasion, or any
offense that makes the possession or use of a dangerous weapon
either an element of the base offense, an aggravated or
enhanced version of the offense, or a mandatory sentencing
factor that increases the sentencing range.
    (c) A person commits armed violence when he or she
personally discharges a firearm that is a Category I or
Category II weapon that proximately causes great bodily harm,
permanent disability, or permanent disfigurement or death to
another person while committing any felony defined by Illinois
law, except first degree murder, attempted first degree murder,
intentional homicide of an unborn child, second degree murder,
involuntary manslaughter, reckless homicide, predatory
criminal sexual assault of a child, aggravated battery of a
child as described in Section 12-4.3 or subdivision (b)(1) of
Section 12-3.05, home invasion, or any offense that makes the
possession or use of a dangerous weapon either an element of
the base offense, an aggravated or enhanced version of the
offense, or a mandatory sentencing factor that increases the
sentencing range.
    (d) This Section does not apply to violations of the Fish
and Aquatic Life Code or the Wildlife Code.
(Source: P.A. 95-688, eff. 10-23-07.)
 
    (720 ILCS 5/33A-3)  (from Ch. 38, par. 33A-3)
    Sec. 33A-3. Sentence.
    (a) Violation of Section 33A-2(a) with a Category I weapon
is a Class X felony for which the defendant shall be sentenced
to a minimum term of imprisonment of 15 years.
    (a-5) Violation of Section 33A-2(a) with a Category II
weapon is a Class X felony for which the defendant shall be
sentenced to a minimum term of imprisonment of 10 years.
    (b) Violation of Section 33A-2(a) with a Category III
weapon is a Class 2 felony or the felony classification
provided for the same act while unarmed, whichever permits the
greater penalty. A second or subsequent violation of Section
33A-2(a) with a Category III weapon is a Class 1 felony or the
felony classification provided for the same act while unarmed,
whichever permits the greater penalty.
    (b-5) Violation of Section 33A-2(b) with a firearm that is
a Category I or Category II weapon is a Class X felony for
which the defendant shall be sentenced to a minimum term of
imprisonment of 20 years.
    (b-10) Violation of Section 33A-2(c) with a firearm that is
a Category I or Category II weapon is a Class X felony for
which the defendant shall be sentenced to a term of
imprisonment of not less than 25 years nor more than 40 years.
    (c) Unless sentencing under subsection (a) of Section
5-4.5-95 of the Unified Code of Corrections (730 ILCS
5/5-4.5-95) is applicable, any person who violates subsection
(a) or (b) of Section 33A-2 with a firearm, when that person
has been convicted in any state or federal court of 3 or more
of the following offenses: treason, first degree murder, second
degree murder, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, criminal sexual assault,
robbery, burglary, arson, kidnaping, aggravated battery
resulting in great bodily harm or permanent disability or
disfigurement, a violation of the Methamphetamine Control and
Community Protection Act, or a violation of Section 401(a) of
the Illinois Controlled Substances Act, when the third offense
was committed after conviction on the second, the second
offense was committed after conviction on the first, and the
violation of Section 33A-2 was committed after conviction on
the third, shall be sentenced to a term of imprisonment of not
less than 25 years nor more than 50 years.
    (c-5) Except as otherwise provided in paragraph (b-10) or
(c) of this Section, a person who violates Section 33A-2(a)
with a firearm that is a Category I weapon or Section 33A-2(b)
in any school, in any conveyance owned, leased, or contracted
by a school to transport students to or from school or a school
related activity, or on the real property comprising any school
or public park, and where the offense was related to the
activities of an organized gang, shall be sentenced to a term
of imprisonment of not less than the term set forth in
subsection (a) or (b-5) of this Section, whichever is
applicable, and not more than 30 years. For the purposes of
this subsection (c-5), "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
    (d) For armed violence based upon a predicate offense
listed in this subsection (d) the court shall enter the
sentence for armed violence to run consecutively to the
sentence imposed for the predicate offense. The offenses
covered by this provision are:
        (i) solicitation of murder,
        (ii) solicitation of murder for hire,
        (iii) heinous battery as described in Section 12-4.1 or
    subdivision (a)(2) of Section 12-3.05,
        (iv) aggravated battery of a senior citizen as
    described in Section 12-4.6 or subdivision (a)(4) of
    Section 12-3.05,
        (v) (blank),
        (vi) a violation of subsection (g) of Section 5 of the
    Cannabis Control Act,
        (vii) cannabis trafficking,
        (viii) a violation of subsection (a) of Section 401 of
    the Illinois Controlled Substances Act,
        (ix) controlled substance trafficking involving a
    Class X felony amount of controlled substance under Section
    401 of the Illinois Controlled Substances Act,
        (x) calculated criminal drug conspiracy,
        (xi) streetgang criminal drug conspiracy, or
        (xii) a violation of the Methamphetamine Control and
    Community Protection Act.
(Source: P.A. 94-556, eff. 9-11-05; 95-688, eff. 10-23-07;
95-1052, eff. 7-1-09.)
 
    (720 ILCS 5/36-1)  (from Ch. 38, par. 36-1)
    Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used
with the knowledge and consent of the owner in the commission
of, or in the attempt to commit as defined in Section 8-4 of
this Code, an offense prohibited by (a) Section 9-1, 9-3, 10-2,
11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-4.1, 12-4.2,
12-4.2-5, 12-4.3, 12-4.6, 12-7.3, 12-7.4, 12-13, 12-14, 16-1 if
the theft is of precious metal or of scrap metal, 18-2, 19-1,
19-2, 19-3, 20-1, 20-2, 24-1.2, 24-1.2-5, 24-1.5, 28-1, or
29D-15.2 of this Code, subdivision (a)(1), (a)(2), (a)(4),
(b)(1), (e)(1), (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), or
(e)(7) of Section 12-3.05, paragraph (a) of Section 12-4 of
this Code, paragraph (a) of Section 12-15 or paragraphs (a),
(c) or (d) of Section 12-16 of this Code, or paragraph (a)(6)
or (a)(7) of Section 24-1 of this Code; (b) Section 21, 22, 23,
24 or 26 of the Cigarette Tax Act if the vessel, vehicle or
aircraft contains more than 10 cartons of such cigarettes; (c)
Section 28, 29 or 30 of the Cigarette Use Tax Act if the
vessel, vehicle or aircraft contains more than 10 cartons of
such cigarettes; (d) Section 44 of the Environmental Protection
Act; (e) 11-204.1 of the Illinois Vehicle Code; (f) (1) driving
under the influence of alcohol or other drug or drugs,
intoxicating compound or compounds or any combination thereof
under Section 11-501 of the Illinois Vehicle Code during a
period in which his or her driving privileges are revoked or
suspended where the revocation or suspension was for driving
under the influence of alcohol or other drug or drugs,
intoxicating compound or compounds or any combination thereof,
Section 11-501.1, paragraph (b) of Section 11-401, or for
reckless homicide as defined in Section 9-3 of the Criminal
Code of 1961; (2) driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or any
combination thereof and has been previously convicted of
reckless homicide or a similar provision of a law of another
state relating to reckless homicide in which the person was
determined to have been under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds as an
element of the offense or the person has previously been
convicted of committing a violation of driving under the
influence of alcohol or other drug or drugs, intoxicating
compound or compounds or any combination thereof and was
involved in a motor vehicle accident that resulted in death,
great bodily harm, or permanent disability or disfigurement to
another, when the violation was a proximate cause of the death
or injuries; (3) the person committed a violation of driving
under the influence of alcohol or other drug or drugs,
intoxicating compound or compounds or any combination thereof
under Section 11-501 of the Illinois Vehicle Code or a similar
provision for the third or subsequent time; (4) the person
committed the violation while he or she did not possess a
driver's license or permit or a restricted driving permit or a
judicial driving permit or a monitoring device driving permit;
or (5) the person committed the violation while he or she knew
or should have known that the vehicle he or she was driving was
not covered by a liability insurance policy, or (d)(1)(I); (g)
an offense described in subsection (g) of Section 6-303 of the
Illinois Vehicle Code; or (h) an offense described in
subsection (e) of Section 6-101 of the Illinois Vehicle Code;
may be seized and delivered forthwith to the sheriff of the
county of seizure.
    Within 15 days after such delivery the sheriff shall give
notice of seizure to each person according to the following
method: Upon each such person whose right, title or interest is
of record in the office of the Secretary of State, the
Secretary of Transportation, the Administrator of the Federal
Aviation Agency, or any other Department of this State, or any
other state of the United States if such vessel, vehicle or
aircraft is required to be so registered, as the case may be,
by mailing a copy of the notice by certified mail to the
address as given upon the records of the Secretary of State,
the Department of Aeronautics, Department of Public Works and
Buildings or any other Department of this State or the United
States if such vessel, vehicle or aircraft is required to be so
registered. Within that 15 day period the sheriff shall also
notify the State's Attorney of the county of seizure about the
seizure.
    In addition, any mobile or portable equipment used in the
commission of an act which is in violation of Section 7g of the
Metropolitan Water Reclamation District Act shall be subject to
seizure and forfeiture under the same procedures provided in
this Article for the seizure and forfeiture of vessels,
vehicles and aircraft, and any such equipment shall be deemed a
vessel, vehicle or aircraft for purposes of this Article.
    When a person discharges a firearm at another individual
from a vehicle with the knowledge and consent of the owner of
the vehicle and with the intent to cause death or great bodily
harm to that individual and as a result causes death or great
bodily harm to that individual, the vehicle shall be subject to
seizure and forfeiture under the same procedures provided in
this Article for the seizure and forfeiture of vehicles used in
violations of clauses (a), (b), (c), or (d) of this Section.
    If the spouse of the owner of a vehicle seized for an
offense described in subsection (g) of Section 6-303 of the
Illinois Vehicle Code, a violation of subdivision (d)(1)(A),
(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section
11-501 of the Illinois Vehicle Code, or Section 9-3 of this
Code makes a showing that the seized vehicle is the only source
of transportation and it is determined that the financial
hardship to the family as a result of the seizure outweighs the
benefit to the State from the seizure, the vehicle may be
forfeited to the spouse or family member and the title to the
vehicle shall be transferred to the spouse or family member who
is properly licensed and who requires the use of the vehicle
for employment or family transportation purposes. A written
declaration of forfeiture of a vehicle under this Section shall
be sufficient cause for the title to be transferred to the
spouse or family member. The provisions of this paragraph shall
apply only to one forfeiture per vehicle. If the vehicle is the
subject of a subsequent forfeiture proceeding by virtue of a
subsequent conviction of either spouse or the family member,
the spouse or family member to whom the vehicle was forfeited
under the first forfeiture proceeding may not utilize the
provisions of this paragraph in another forfeiture proceeding.
If the owner of the vehicle seized owns more than one vehicle,
the procedure set out in this paragraph may be used for only
one vehicle.
    Property declared contraband under Section 40 of the
Illinois Streetgang Terrorism Omnibus Prevention Act may be
seized and forfeited under this Article.
(Source: P.A. 96-313, eff. 1-1-10; 96-710, eff. 1-1-10;
96-1000, eff. 7-2-10; 96-1267, eff. 7-26-10; 96-1289, eff.
1-1-11; revised 9-16-10.)
 
    Section 965. The Code of Criminal Procedure of 1963 is
amended by changing Sections 110-5, 110-5.1, 110-6.3, 111-8,
112A-3, 112A-23, 112A-26, 115-7.3, 115-10, and 115-10.3 as
follows:
 
    (725 ILCS 5/110-5)  (from Ch. 38, par. 110-5)
    Sec. 110-5. Determining the amount of bail and conditions
of release.
    (a) In determining the amount of monetary bail or
conditions of release, if any, which will reasonably assure the
appearance of a defendant as required or the safety of any
other person or the community and the likelihood of compliance
by the defendant with all the conditions of bail, the court
shall, on the basis of available information, take into account
such matters as the nature and circumstances of the offense
charged, whether the evidence shows that as part of the offense
there was a use of violence or threatened use of violence,
whether the offense involved corruption of public officials or
employees, whether there was physical harm or threats of
physical harm to any public official, public employee, judge,
prosecutor, juror or witness, senior citizen, child or
handicapped person, whether evidence shows that during the
offense or during the arrest the defendant possessed or used a
firearm, machine gun, explosive or metal piercing ammunition or
explosive bomb device or any military or paramilitary armament,
whether the evidence shows that the offense committed was
related to or in furtherance of the criminal activities of an
organized gang or was motivated by the defendant's membership
in or allegiance to an organized gang, the condition of the
victim, any written statement submitted by the victim or
proffer or representation by the State regarding the impact
which the alleged criminal conduct has had on the victim and
the victim's concern, if any, with further contact with the
defendant if released on bail, whether the offense was based on
racial, religious, sexual orientation or ethnic hatred, the
likelihood of the filing of a greater charge, the likelihood of
conviction, the sentence applicable upon conviction, the
weight of the evidence against such defendant, whether there
exists motivation or ability to flee, whether there is any
verification as to prior residence, education, or family ties
in the local jurisdiction, in another county, state or foreign
country, the defendant's employment, financial resources,
character and mental condition, past conduct, prior use of
alias names or dates of birth, and length of residence in the
community, the consent of the defendant to periodic drug
testing in accordance with Section 110-6.5, whether a foreign
national defendant is lawfully admitted in the United States of
America, whether the government of the foreign national
maintains an extradition treaty with the United States by which
the foreign government will extradite to the United States its
national for a trial for a crime allegedly committed in the
United States, whether the defendant is currently subject to
deportation or exclusion under the immigration laws of the
United States, whether the defendant, although a United States
citizen, is considered under the law of any foreign state a
national of that state for the purposes of extradition or
non-extradition to the United States, the amount of unrecovered
proceeds lost as a result of the alleged offense, the source of
bail funds tendered or sought to be tendered for bail, whether
from the totality of the court's consideration, the loss of
funds posted or sought to be posted for bail will not deter the
defendant from flight, whether the evidence shows that the
defendant is engaged in significant possession, manufacture,
or delivery of a controlled substance or cannabis, either
individually or in consort with others, whether at the time of
the offense charged he was on bond or pre-trial release pending
trial, probation, periodic imprisonment or conditional
discharge pursuant to this Code or the comparable Code of any
other state or federal jurisdiction, whether the defendant is
on bond or pre-trial release pending the imposition or
execution of sentence or appeal of sentence for any offense
under the laws of Illinois or any other state or federal
jurisdiction, whether the defendant is under parole or
mandatory supervised release or work release from the Illinois
Department of Corrections or any penal institution or
corrections department of any state or federal jurisdiction,
the defendant's record of convictions, whether the defendant
has been convicted of a misdemeanor or ordinance offense in
Illinois or similar offense in other state or federal
jurisdiction within the 10 years preceding the current charge
or convicted of a felony in Illinois, whether the defendant was
convicted of an offense in another state or federal
jurisdiction that would be a felony if committed in Illinois
within the 20 years preceding the current charge or has been
convicted of such felony and released from the penitentiary
within 20 years preceding the current charge if a penitentiary
sentence was imposed in Illinois or other state or federal
jurisdiction, the defendant's records of juvenile adjudication
of delinquency in any jurisdiction, any record of appearance or
failure to appear by the defendant at court proceedings,
whether there was flight to avoid arrest or prosecution,
whether the defendant escaped or attempted to escape to avoid
arrest, whether the defendant refused to identify himself, or
whether there was a refusal by the defendant to be
fingerprinted as required by law. Information used by the court
in its findings or stated in or offered in connection with this
Section may be by way of proffer based upon reliable
information offered by the State or defendant. All evidence
shall be admissible if it is relevant and reliable regardless
of whether it would be admissible under the rules of evidence
applicable at criminal trials. If the State presents evidence
that the offense committed by the defendant was related to or
in furtherance of the criminal activities of an organized gang
or was motivated by the defendant's membership in or allegiance
to an organized gang, and if the court determines that the
evidence may be substantiated, the court shall prohibit the
defendant from associating with other members of the organized
gang as a condition of bail or release. For the purposes of
this Section, "organized gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
    (b) The amount of bail shall be:
        (1) Sufficient to assure compliance with the
    conditions set forth in the bail bond, which shall include
    the defendant's current address with a written
    admonishment to the defendant that he or she must comply
    with the provisions of Section 110-12 regarding any change
    in his or her address. The defendant's address shall at all
    times remain a matter of public record with the clerk of
    the court.
        (2) Not oppressive.
        (3) Considerate of the financial ability of the
    accused.
        (4) When a person is charged with a drug related
    offense involving possession or delivery of cannabis or
    possession or delivery of a controlled substance as defined
    in the Cannabis Control Act, the Illinois Controlled
    Substances Act, or the Methamphetamine Control and
    Community Protection Act, the full street value of the
    drugs seized shall be considered. "Street value" shall be
    determined by the court on the basis of a proffer by the
    State based upon reliable information of a law enforcement
    official contained in a written report as to the amount
    seized and such proffer may be used by the court as to the
    current street value of the smallest unit of the drug
    seized.
    (b-5) Upon the filing of a written request demonstrating
reasonable cause, the State's Attorney may request a source of
bail hearing either before or after the posting of any funds.
If the hearing is granted, before the posting of any bail, the
accused must file a written notice requesting that the court
conduct a source of bail hearing. The notice must be
accompanied by justifying affidavits stating the legitimate
and lawful source of funds for bail. At the hearing, the court
shall inquire into any matters stated in any justifying
affidavits, and may also inquire into matters appropriate to
the determination which shall include, but are not limited to,
the following:
        (1) the background, character, reputation, and
    relationship to the accused of any surety; and
        (2) the source of any money or property deposited by
    any surety, and whether any such money or property
    constitutes the fruits of criminal or unlawful conduct; and
        (3) the source of any money posted as cash bail, and
    whether any such money constitutes the fruits of criminal
    or unlawful conduct; and
        (4) the background, character, reputation, and
    relationship to the accused of the person posting cash
    bail.
    Upon setting the hearing, the court shall examine, under
oath, any persons who may possess material information.
    The State's Attorney has a right to attend the hearing, to
call witnesses and to examine any witness in the proceeding.
The court shall, upon request of the State's Attorney, continue
the proceedings for a reasonable period to allow the State's
Attorney to investigate the matter raised in any testimony or
affidavit. If the hearing is granted after the accused has
posted bail, the court shall conduct a hearing consistent with
this subsection (b-5). At the conclusion of the hearing, the
court must issue an order either approving of disapproving the
bail.
    (c) When a person is charged with an offense punishable by
fine only the amount of the bail shall not exceed double the
amount of the maximum penalty.
    (d) When a person has been convicted of an offense and only
a fine has been imposed the amount of the bail shall not exceed
double the amount of the fine.
    (e) The State may appeal any order granting bail or setting
a given amount for bail.
    (f) When a person is charged with a violation of an order
of protection under Section 12-3.4 or 12-30 of the Criminal
Code of 1961,
        (1) whether the alleged incident involved harassment
    or abuse, as defined in the Illinois Domestic Violence Act
    of 1986;
        (2) whether the person has a history of domestic
    violence, as defined in the Illinois Domestic Violence Act,
    or a history of other criminal acts;
        (3) based on the mental health of the person;
        (4) whether the person has a history of violating the
    orders of any court or governmental entity;
        (5) whether the person has been, or is, potentially a
    threat to any other person;
        (6) whether the person has access to deadly weapons or
    a history of using deadly weapons;
        (7) whether the person has a history of abusing alcohol
    or any controlled substance;
        (8) based on the severity of the alleged incident that
    is the basis of the alleged offense, including, but not
    limited to, the duration of the current incident, and
    whether the alleged incident involved physical injury,
    sexual assault, strangulation, abuse during the alleged
    victim's pregnancy, abuse of pets, or forcible entry to
    gain access to the alleged victim;
        (9) whether a separation of the person from the alleged
    victim or a termination of the relationship between the
    person and the alleged victim has recently occurred or is
    pending;
        (10) whether the person has exhibited obsessive or
    controlling behaviors toward the alleged victim,
    including, but not limited to, stalking, surveillance, or
    isolation of the alleged victim or victim's family member
    or members;
        (11) whether the person has expressed suicidal or
    homicidal ideations;
        (12) based on any information contained in the
    complaint and any police reports, affidavits, or other
    documents accompanying the complaint,
the court may, in its discretion, order the respondent to
undergo a risk assessment evaluation conducted by an Illinois
Department of Human Services approved partner abuse
intervention program provider, pretrial service, probation, or
parole agency. These agencies shall have access to summaries of
the defendant's criminal history, which shall not include
victim interviews or information, for the risk evaluation.
Based on the information collected from the 12 points to be
considered at a bail hearing for a violation of an order of
protection, the results of any risk evaluation conducted and
the other circumstances of the violation, the court may order
that the person, as a condition of bail, be placed under
electronic surveillance as provided in Section 5-8A-7 of the
Unified Code of Corrections.
(Source: P.A. 95-773, eff. 1-1-09; 96-688, eff. 8-25-09.)
 
    (725 ILCS 5/110-5.1)
    Sec. 110-5.1. Bail; certain persons charged with violent
crimes against family or household members.
    (a) Subject to subsection (c), a person who is charged with
a violent crime shall appear before the court for the setting
of bail if the alleged victim was a family or household member
at the time of the alleged offense, and if any of the following
applies:
        (1) the person charged, at the time of the alleged
    offense, was subject to the terms of an order of protection
    issued under Section 112A-14 of this Code or Section 214 of
    the Illinois Domestic Violence Act of 1986 or previously
    was convicted of a violation of an order of protection
    under Section 12-3.4 or 12-30 of the Criminal Code of 1961
    or a violent crime if the victim was a family or household
    member at the time of the offense or a violation of a
    substantially similar municipal ordinance or law of this or
    any other state or the United States if the victim was a
    family or household member at the time of the offense;
        (2) the arresting officer indicates in a police report
    or other document accompanying the complaint any of the
    following:
            (A) that the arresting officer observed on the
        alleged victim objective manifestations of physical
        harm that the arresting officer reasonably believes
        are a result of the alleged offense;
            (B) that the arresting officer reasonably believes
        that the person had on the person's person at the time
        of the alleged offense a deadly weapon;
            (C) that the arresting officer reasonably believes
        that the person presents a credible threat of serious
        physical harm to the alleged victim or to any other
        person if released on bail before trial.
    (b) To the extent that information about any of the
following is available to the court, the court shall consider
all of the following, in addition to any other circumstances
considered by the court, before setting bail for a person who
appears before the court pursuant to subsection (a):
        (1) whether the person has a history of domestic
    violence or a history of other violent acts;
        (2) the mental health of the person;
        (3) whether the person has a history of violating the
    orders of any court or governmental entity;
        (4) whether the person is potentially a threat to any
    other person;
        (5) whether the person has access to deadly weapons or
    a history of using deadly weapons;
        (6) whether the person has a history of abusing alcohol
    or any controlled substance;
        (7) the severity of the alleged violence that is the
    basis of the alleged offense, including, but not limited
    to, the duration of the alleged violent incident, and
    whether the alleged violent incident involved serious
    physical injury, sexual assault, strangulation, abuse
    during the alleged victim's pregnancy, abuse of pets, or
    forcible entry to gain access to the alleged victim;
        (8) whether a separation of the person from the alleged
    victim or a termination of the relationship between the
    person and the alleged victim has recently occurred or is
    pending;
        (9) whether the person has exhibited obsessive or
    controlling behaviors toward the alleged victim,
    including, but not limited to, stalking, surveillance, or
    isolation of the alleged victim;
        (10) whether the person has expressed suicidal or
    homicidal ideations;
        (11) any information contained in the complaint and any
    police reports, affidavits, or other documents
    accompanying the complaint.
    (c) Upon the court's own motion or the motion of a party
and upon any terms that the court may direct, a court may
permit a person who is required to appear before it by
subsection (a) to appear by video conferencing equipment. If,
in the opinion of the court, the appearance in person or by
video conferencing equipment of a person who is charged with a
misdemeanor and who is required to appear before the court by
subsection (a) is not practicable, the court may waive the
appearance and release the person on bail on one or both of the
following types of bail in an amount set by the court:
        (1) a bail bond secured by a deposit of 10% of the
    amount of the bond in cash;
        (2) a surety bond, a bond secured by real estate or
    securities as allowed by law, or the deposit of cash, at
    the option of the person.
    Subsection (a) does not create a right in a person to
appear before the court for the setting of bail or prohibit a
court from requiring any person charged with a violent crime
who is not described in subsection (a) from appearing before
the court for the setting of bail.
    (d) As used in this Section:
        (1) "Violent crime" has the meaning ascribed to it in
    Section 3 of the Rights of Crime Victims and Witnesses Act.
        (2) "Family or household member" has the meaning
    ascribed to it in Section 112A-3 of this Code.
(Source: P.A. 94-878, eff. 1-1-07.)
 
    (725 ILCS 5/110-6.3)  (from Ch. 38, par. 110-6.3)
    Sec. 110-6.3. Denial of bail in stalking and aggravated
stalking offenses.
    (a) Upon verified petition by the State, the court shall
hold a hearing to determine whether bail should be denied to a
defendant who is charged with stalking or aggravated stalking,
when it is alleged that the defendant's admission to bail poses
a real and present threat to the physical safety of the alleged
victim of the offense, and denial of release on bail or
personal recognizance is necessary to prevent fulfillment of
the threat upon which the charge is based.
        (1) A petition may be filed without prior notice to the
    defendant at the first appearance before a judge, or within
    21 calendar days, except as provided in Section 110-6,
    after arrest and release of the defendant upon reasonable
    notice to defendant; provided that while the petition is
    pending before the court, the defendant if previously
    released shall not be detained.
        (2) The hearing shall be held immediately upon the
    defendant's appearance before the court, unless for good
    cause shown the defendant or the State seeks a continuance.
    A continuance on motion of the defendant may not exceed 5
    calendar days, and the defendant may be held in custody
    during the continuance. A continuance on the motion of the
    State may not exceed 3 calendar days; however, the
    defendant may be held in custody during the continuance
    under this provision if the defendant has been previously
    found to have violated an order of protection or has been
    previously convicted of, or granted court supervision for,
    any of the offenses set forth in Sections 12-2, 12-3.05,
    12-3.2, 12-3.3, 12-4, 12-4.1, 12-7.3, 12-7.4, 12-13,
    12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of
    1961, against the same person as the alleged victim of the
    stalking or aggravated stalking offense.
    (b) The court may deny bail to the defendant when, after
the hearing, it is determined that:
        (1) the proof is evident or the presumption great that
    the defendant has committed the offense of stalking or
    aggravated stalking; and
        (2) the defendant poses a real and present threat to
    the physical safety of the alleged victim of the offense;
    and
        (3) the denial of release on bail or personal
    recognizance is necessary to prevent fulfillment of the
    threat upon which the charge is based; and
        (4) the court finds that no condition or combination of
    conditions set forth in subsection (b) of Section 110-10 of
    this Code, including mental health treatment at a community
    mental health center, hospital, or facility of the
    Department of Human Services, can reasonably assure the
    physical safety of the alleged victim of the offense.
    (c) Conduct of the hearings.
        (1) The hearing on the defendant's culpability and
    threat to the alleged victim of the offense shall be
    conducted in accordance with the following provisions:
            (A) Information used by the court in its findings
        or stated in or offered at the hearing may be by way of
        proffer based upon reliable information offered by the
        State or by defendant. Defendant has the right to be
        represented by counsel, and if he is indigent, to have
        counsel appointed for him. Defendant shall have the
        opportunity to testify, to present witnesses in his own
        behalf, and to cross-examine witnesses if any are
        called by the State. The defendant has the right to
        present witnesses in his favor. When the ends of
        justice so require, the court may exercise its
        discretion and compel the appearance of a complaining
        witness. The court shall state on the record reasons
        for granting a defense request to compel the presence
        of a complaining witness. Cross-examination of a
        complaining witness at the pretrial detention hearing
        for the purpose of impeaching the witness' credibility
        is insufficient reason to compel the presence of the
        witness. In deciding whether to compel the appearance
        of a complaining witness, the court shall be
        considerate of the emotional and physical well-being
        of the witness. The pretrial detention hearing is not
        to be used for the purposes of discovery, and the post
        arraignment rules of discovery do not apply. The State
        shall tender to the defendant, prior to the hearing,
        copies of defendant's criminal history, if any, if
        available, and any written or recorded statements and
        the substance of any oral statements made by any
        person, if relied upon by the State. The rules
        concerning the admissibility of evidence in criminal
        trials do not apply to the presentation and
        consideration of information at the hearing. At the
        trial concerning the offense for which the hearing was
        conducted neither the finding of the court nor any
        transcript or other record of the hearing shall be
        admissible in the State's case in chief, but shall be
        admissible for impeachment, or as provided in Section
        115-10.1 of this Code, or in a perjury proceeding.
            (B) A motion by the defendant to suppress evidence
        or to suppress a confession shall not be entertained.
        Evidence that proof may have been obtained as the
        result of an unlawful search and seizure or through
        improper interrogation is not relevant to this state of
        the prosecution.
        (2) The facts relied upon by the court to support a
    finding that:
            (A) the defendant poses a real and present threat
        to the physical safety of the alleged victim of the
        offense; and
            (B) the denial of release on bail or personal
        recognizance is necessary to prevent fulfillment of
        the threat upon which the charge is based;
    shall be supported by clear and convincing evidence
    presented by the State.
    (d) Factors to be considered in making a determination of
the threat to the alleged victim of the offense. The court may,
in determining whether the defendant poses, at the time of the
hearing, a real and present threat to the physical safety of
the alleged victim of the offense, consider but shall not be
limited to evidence or testimony concerning:
        (1) The nature and circumstances of the offense
    charged;
        (2) The history and characteristics of the defendant
    including:
            (A) Any evidence of the defendant's prior criminal
        history indicative of violent, abusive or assaultive
        behavior, or lack of that behavior. The evidence may
        include testimony or documents received in juvenile
        proceedings, criminal, quasi-criminal, civil
        commitment, domestic relations or other proceedings;
            (B) Any evidence of the defendant's psychological,
        psychiatric or other similar social history that tends
        to indicate a violent, abusive, or assaultive nature,
        or lack of any such history.
        (3) The nature of the threat which is the basis of the
    charge against the defendant;
        (4) Any statements made by, or attributed to the
    defendant, together with the circumstances surrounding
    them;
        (5) The age and physical condition of any person
    assaulted by the defendant;
        (6) Whether the defendant is known to possess or have
    access to any weapon or weapons;
        (7) Whether, at the time of the current offense or any
    other offense or arrest, the defendant was on probation,
    parole, mandatory supervised release or other release from
    custody pending trial, sentencing, appeal or completion of
    sentence for an offense under federal or state law;
        (8) Any other factors, including those listed in
    Section 110-5 of this Code, deemed by the court to have a
    reasonable bearing upon the defendant's propensity or
    reputation for violent, abusive or assaultive behavior, or
    lack of that behavior.
    (e) The court shall, in any order denying bail to a person
charged with stalking or aggravated stalking:
        (1) briefly summarize the evidence of the defendant's
    culpability and its reasons for concluding that the
    defendant should be held without bail;
        (2) direct that the defendant be committed to the
    custody of the sheriff for confinement in the county jail
    pending trial;
        (3) direct that the defendant be given a reasonable
    opportunity for private consultation with counsel, and for
    communication with others of his choice by visitation, mail
    and telephone; and
        (4) direct that the sheriff deliver the defendant as
    required for appearances in connection with court
    proceedings.
    (f) If the court enters an order for the detention of the
defendant under subsection (e) of this Section, the defendant
shall be brought to trial on the offense for which he is
detained within 90 days after the date on which the order for
detention was entered. If the defendant is not brought to trial
within the 90 day period required by this subsection (f), he
shall not be held longer without bail. In computing the 90 day
period, the court shall omit any period of delay resulting from
a continuance granted at the request of the defendant. The
court shall immediately notify the alleged victim of the
offense that the defendant has been admitted to bail under this
subsection.
    (g) Any person shall be entitled to appeal any order
entered under this Section denying bail to the defendant.
    (h) The State may appeal any order entered under this
Section denying any motion for denial of bail.
    (i) Nothing in this Section shall be construed as modifying
or limiting in any way the defendant's presumption of innocence
in further criminal proceedings.
(Source: P.A. 90-14, eff. 7-1-97; 91-445, eff. 1-1-00.)
 
    (725 ILCS 5/111-8)  (from Ch. 38, par. 111-8)
    Sec. 111-8. Orders of protection to prohibit domestic
violence.
    (a) Whenever a violation of Section 9-1, 9-2, 9-3, 10-3,
10-3.1, 10-4, 10-5, 11-15, 11-15.1, 11-20.1, 11-20a, 12-1,
12-2, 12-3, 12-3.05, 12-3.2, 12-3.3, 12-3.5, 12-4, 12-4.1,
12-4.3, 12-4.6, 12-5, 12-6, 12-6.3, 12-7.3, 12-7.4, 12-7.5,
12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 19-4, 21-1, 21-2,
or 21-3 of the Criminal Code of 1961 or Section 1-1 of the
Harassing and Obscene Communications Act is alleged in an
information, complaint or indictment on file, and the alleged
offender and victim are family or household members, as defined
in the Illinois Domestic Violence Act, as now or hereafter
amended, the People through the respective State's Attorneys
may by separate petition and upon notice to the defendant,
except as provided in subsection (c) herein, request the court
to issue an order of protection.
    (b) In addition to any other remedies specified in Section
208 of the Illinois Domestic Violence Act, as now or hereafter
amended, the order may direct the defendant to initiate no
contact with the alleged victim or victims who are family or
household members and to refrain from entering the residence,
school or place of business of the alleged victim or victims.
    (c) The court may grant emergency relief without notice
upon a showing of immediate and present danger of abuse to the
victim or minor children of the victim and may enter a
temporary order pending notice and full hearing on the matter.
(Source: P.A. 94-325, eff. 1-1-06.)
 
    (725 ILCS 5/112A-3)  (from Ch. 38, par. 112A-3)
    Sec. 112A-3. Definitions. For the purposes of this Article,
the following terms shall have the following meanings:
    (1) "Abuse" means physical abuse, harassment, intimidation
of a dependent, interference with personal liberty or willful
deprivation but does not include reasonable direction of a
minor child by a parent or person in loco parentis.
    (2) "Domestic violence" means abuse as described in
paragraph (1).
    (3) "Family or household members" include spouses, former
spouses, parents, children, stepchildren and other persons
related by blood or by present or prior marriage, persons who
share or formerly shared a common dwelling, persons who have or
allegedly have a child in common, persons who share or
allegedly share a blood relationship through a child, persons
who have or have had a dating or engagement relationship,
persons with disabilities and their personal assistants, and
caregivers as defined in paragraph (3) of subsection (b) of
Section 12-21 or in subsection (e) of Section 12-4.4a of the
Criminal Code of 1961. For purposes of this paragraph, neither
a casual acquaintanceship nor ordinary fraternization between
2 individuals in business or social contexts shall be deemed to
constitute a dating relationship.
    (4) "Harassment" means knowing conduct which is not
necessary to accomplish a purpose which is reasonable under the
circumstances; would cause a reasonable person emotional
distress; and does cause emotional distress to the petitioner.
Unless the presumption is rebutted by a preponderance of the
evidence, the following types of conduct shall be presumed to
cause emotional distress:
        (i) creating a disturbance at petitioner's place of
    employment or school;
        (ii) repeatedly telephoning petitioner's place of
    employment, home or residence;
        (iii) repeatedly following petitioner about in a
    public place or places;
        (iv) repeatedly keeping petitioner under surveillance
    by remaining present outside his or her home, school, place
    of employment, vehicle or other place occupied by
    petitioner or by peering in petitioner's windows;
        (v) improperly concealing a minor child from
    petitioner, repeatedly threatening to improperly remove a
    minor child of petitioner's from the jurisdiction or from
    the physical care of petitioner, repeatedly threatening to
    conceal a minor child from petitioner, or making a single
    such threat following an actual or attempted improper
    removal or concealment, unless respondent was fleeing from
    an incident or pattern of domestic violence; or
        (vi) threatening physical force, confinement or
    restraint on one or more occasions.
    (5) "Interference with personal liberty" means committing
or threatening physical abuse, harassment, intimidation or
willful deprivation so as to compel another to engage in
conduct from which she or he has a right to abstain or to
refrain from conduct in which she or he has a right to engage.
    (6) "Intimidation of a dependent" means subjecting a person
who is dependent because of age, health or disability to
participation in or the witnessing of: physical force against
another or physical confinement or restraint of another which
constitutes physical abuse as defined in this Article,
regardless of whether the abused person is a family or
household member.
    (7) "Order of protection" means an emergency order, interim
order or plenary order, granted pursuant to this Article, which
includes any or all of the remedies authorized by Section
112A-14 of this Code.
    (8) "Petitioner" may mean not only any named petitioner for
the order of protection and any named victim of abuse on whose
behalf the petition is brought, but also any other person
protected by this Article.
    (9) "Physical abuse" includes sexual abuse and means any of
the following:
        (i) knowing or reckless use of physical force,
    confinement or restraint;
        (ii) knowing, repeated and unnecessary sleep
    deprivation; or
        (iii) knowing or reckless conduct which creates an
    immediate risk of physical harm.
    (9.5) "Stay away" means for the respondent to refrain from
both physical presence and nonphysical contact with the
petitioner whether direct, indirect (including, but not
limited to, telephone calls, mail, email, faxes, and written
notes), or through third parties who may or may not know about
the order of protection.
    (10) "Willful deprivation" means wilfully denying a person
who because of age, health or disability requires medication,
medical care, shelter, accessible shelter or services, food,
therapeutic device, or other physical assistance, and thereby
exposing that person to the risk of physical, mental or
emotional harm, except with regard to medical care and
treatment when such dependent person has expressed the intent
to forgo such medical care or treatment. This paragraph does
not create any new affirmative duty to provide support to
dependent persons.
(Source: P.A. 92-253, eff. 1-1-02; 93-811, eff. 1-1-05.)
 
    (725 ILCS 5/112A-23)  (from Ch. 38, par. 112A-23)
    Sec. 112A-23. Enforcement of orders of protection.
    (a) When violation is crime. A violation of any order of
protection, whether issued in a civil, quasi-criminal
proceeding, shall be enforced by a criminal court when:
        (1) The respondent commits the crime of violation of an
    order of protection pursuant to Section 12-3.4 or 12-30 of
    the Criminal Code of 1961, by having knowingly violated:
            (i) remedies described in paragraphs (1), (2),
        (3), (14), or (14.5) of subsection (b) of Section
        112A-14,
            (ii) a remedy, which is substantially similar to
        the remedies authorized under paragraphs (1), (2),
        (3), (14) or (14.5) of subsection (b) of Section 214 of
        the Illinois Domestic Violence Act of 1986, in a valid
        order of protection, which is authorized under the laws
        of another state, tribe or United States territory,
            (iii) or any other remedy when the act constitutes
        a crime against the protected parties as defined by the
        Criminal Code of 1961.
    Prosecution for a violation of an order of protection shall
not bar concurrent prosecution for any other crime, including
any crime that may have been committed at the time of the
violation of the order of protection; or
        (2) The respondent commits the crime of child abduction
    pursuant to Section 10-5 of the Criminal Code of 1961, by
    having knowingly violated:
            (i) remedies described in paragraphs (5), (6) or
        (8) of subsection (b) of Section 112A-14, or
            (ii) a remedy, which is substantially similar to
        the remedies authorized under paragraphs (1), (5),
        (6), or (8) of subsection (b) of Section 214 of the
        Illinois Domestic Violence Act of 1986, in a valid
        order of protection, which is authorized under the laws
        of another state, tribe or United States territory.
    (b) When violation is contempt of court. A violation of any
valid order of protection, whether issued in a civil or
criminal proceeding, may be enforced through civil or criminal
contempt procedures, as appropriate, by any court with
jurisdiction, regardless where the act or acts which violated
the order of protection were committed, to the extent
consistent with the venue provisions of this Article. Nothing
in this Article shall preclude any Illinois court from
enforcing any valid order of protection issued in another
state. Illinois courts may enforce orders of protection through
both criminal prosecution and contempt proceedings, unless the
action which is second in time is barred by collateral estoppel
or the constitutional prohibition against double jeopardy.
        (1) In a contempt proceeding where the petition for a
    rule to show cause sets forth facts evidencing an immediate
    danger that the respondent will flee the jurisdiction,
    conceal a child, or inflict physical abuse on the
    petitioner or minor children or on dependent adults in
    petitioner's care, the court may order the attachment of
    the respondent without prior service of the rule to show
    cause or the petition for a rule to show cause. Bond shall
    be set unless specifically denied in writing.
        (2) A petition for a rule to show cause for violation
    of an order of protection shall be treated as an expedited
    proceeding.
    (c) Violation of custody or support orders. A violation of
remedies described in paragraphs (5), (6), (8), or (9) of
subsection (b) of Section 112A-14 may be enforced by any remedy
provided by Section 611 of the Illinois Marriage and
Dissolution of Marriage Act. The court may enforce any order
for support issued under paragraph (12) of subsection (b) of
Section 112A-14 in the manner provided for under Parts V and
VII of the Illinois Marriage and Dissolution of Marriage Act.
    (d) Actual knowledge. An order of protection may be
enforced pursuant to this Section if the respondent violates
the order after respondent has actual knowledge of its contents
as shown through one of the following means:
        (1) By service, delivery, or notice under Section
    112A-10.
        (2) By notice under Section 112A-11.
        (3) By service of an order of protection under Section
    112A-22.
        (4) By other means demonstrating actual knowledge of
    the contents of the order.
    (e) The enforcement of an order of protection in civil or
criminal court shall not be affected by either of the
following:
        (1) The existence of a separate, correlative order
    entered under Section 112A-15.
        (2) Any finding or order entered in a conjoined
    criminal proceeding.
    (f) Circumstances. The court, when determining whether or
not a violation of an order of protection has occurred, shall
not require physical manifestations of abuse on the person of
the victim.
    (g) Penalties.
        (1) Except as provided in paragraph (3) of this
    subsection, where the court finds the commission of a crime
    or contempt of court under subsections (a) or (b) of this
    Section, the penalty shall be the penalty that generally
    applies in such criminal or contempt proceedings, and may
    include one or more of the following: incarceration,
    payment of restitution, a fine, payment of attorneys' fees
    and costs, or community service.
        (2) The court shall hear and take into account evidence
    of any factors in aggravation or mitigation before deciding
    an appropriate penalty under paragraph (1) of this
    subsection.
        (3) To the extent permitted by law, the court is
    encouraged to:
            (i) increase the penalty for the knowing violation
        of any order of protection over any penalty previously
        imposed by any court for respondent's violation of any
        order of protection or penal statute involving
        petitioner as victim and respondent as defendant;
            (ii) impose a minimum penalty of 24 hours
        imprisonment for respondent's first violation of any
        order of protection; and
            (iii) impose a minimum penalty of 48 hours
        imprisonment for respondent's second or subsequent
        violation of an order of protection
    unless the court explicitly finds that an increased penalty
    or that period of imprisonment would be manifestly unjust.
        (4) In addition to any other penalties imposed for a
    violation of an order of protection, a criminal court may
    consider evidence of any violations of an order of
    protection:
            (i) to increase, revoke or modify the bail bond on
        an underlying criminal charge pursuant to Section
        110-6;
            (ii) to revoke or modify an order of probation,
        conditional discharge or supervision, pursuant to
        Section 5-6-4 of the Unified Code of Corrections;
            (iii) to revoke or modify a sentence of periodic
        imprisonment, pursuant to Section 5-7-2 of the Unified
        Code of Corrections.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    (725 ILCS 5/112A-26)  (from Ch. 38, par. 112A-26)
    Sec. 112A-26. Arrest without warrant.
    (a) Any law enforcement officer may make an arrest without
warrant if the officer has probable cause to believe that the
person has committed or is committing any crime, including but
not limited to violation of an order of protection, under
Section 12-3.4 or 12-30 of the Criminal Code of 1961, even if
the crime was not committed in the presence of the officer.
    (b) The law enforcement officer may verify the existence of
an order of protection by telephone or radio communication with
his or her law enforcement agency or by referring to the copy
of the order provided by petitioner or respondent.
(Source: P.A. 87-1186.)
 
    (725 ILCS 5/115-7.3)
    Sec. 115-7.3. Evidence in certain cases.
    (a) This Section applies to criminal cases in which:
        (1) the defendant is accused of predatory criminal
    sexual assault of a child, aggravated criminal sexual
    assault, criminal sexual assault, aggravated criminal
    sexual abuse, criminal sexual abuse, child pornography,
    aggravated child pornography, or criminal transmission of
    HIV;
        (2) the defendant is accused of battery, aggravated
    battery, first degree murder, or second degree murder when
    the commission of the offense involves sexual penetration
    or sexual conduct as defined in Section 12-12 of the
    Criminal Code of 1961; or
        (3) the defendant is tried or retried for any of the
    offenses formerly known as rape, deviate sexual assault,
    indecent liberties with a child, or aggravated indecent
    liberties with a child.
    (b) If the defendant is accused of an offense set forth in
paragraph (1) or (2) of subsection (a) or the defendant is
tried or retried for any of the offenses set forth in paragraph
(3) of subsection (a), evidence of the defendant's commission
of another offense or offenses set forth in paragraph (1), (2),
or (3) of subsection (a), or evidence to rebut that proof or an
inference from that proof, may be admissible (if that evidence
is otherwise admissible under the rules of evidence) and may be
considered for its bearing on any matter to which it is
relevant.
    (c) In weighing the probative value of the evidence against
undue prejudice to the defendant, the court may consider:
        (1) the proximity in time to the charged or predicate
    offense;
        (2) the degree of factual similarity to the charged or
    predicate offense; or
        (3) other relevant facts and circumstances.
    (d) In a criminal case in which the prosecution intends to
offer evidence under this Section, it must disclose the
evidence, including statements of witnesses or a summary of the
substance of any testimony, at a reasonable time in advance of
trial, or during trial if the court excuses pretrial notice on
good cause shown.
    (e) In a criminal case in which evidence is offered under
this Section, proof may be made by specific instances of
conduct, testimony as to reputation, or testimony in the form
of an expert opinion, except that the prosecution may offer
reputation testimony only after the opposing party has offered
that testimony.
    (f) In prosecutions for a violation of Section 10-2,
12-3.05, 12-4, 12-13, 12-14, 12-14.1, 12-15, 12-16, or 18-5 of
the Criminal Code of 1961, involving the involuntary delivery
of a controlled substance to a victim, no inference may be made
about the fact that a victim did not consent to a test for the
presence of controlled substances.
(Source: P.A. 95-892, eff. 1-1-09.)
 
    (725 ILCS 5/115-10)  (from Ch. 38, par. 115-10)
    Sec. 115-10. Certain hearsay exceptions.
    (a) In a prosecution for a physical or sexual act
perpetrated upon or against a child under the age of 13, or a
person who was a moderately, severely, or profoundly mentally
retarded person as defined in this Code and in Section 2-10.1
of the Criminal Code of 1961 at the time the act was committed,
including but not limited to prosecutions for violations of
Sections 12-13 through 12-16 of the Criminal Code of 1961 and
prosecutions for violations of Sections 10-1 (kidnapping),
10-2 (aggravated kidnapping), 10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint), 10-4 (forcible
detention), 10-5 (child abduction), 10-6 (harboring a
runaway), 10-7 (aiding or abetting child abduction), 11-9
(public indecency), 11-11 (sexual relations within families),
11-21 (harmful material), 12-1 (assault), 12-2 (aggravated
assault), 12-3 (battery), 12-3.2 (domestic battery), 12-3.3
(aggravated domestic battery), 12-3.05 or 12-4 (aggravated
battery), 12-4.1 (heinous battery), 12-4.2 (aggravated battery
with a firearm), 12-4.3 (aggravated battery of a child), 12-4.7
(drug induced infliction of great bodily harm), 12-5 (reckless
conduct), 12-6 (intimidation), 12-6.1 or 12-6.5 (compelling
organization membership of persons), 12-7.1 (hate crime),
12-7.3 (stalking), 12-7.4 (aggravated stalking), 12-10
(tattooing body of minor), 12-11 (home invasion), 12-21.5
(child abandonment), 12-21.6 (endangering the life or health of
a child) or 12-32 (ritual mutilation) of the Criminal Code of
1961 or any sex offense as defined in subsection (B) of Section
2 of the Sex Offender Registration Act, the following evidence
shall be admitted as an exception to the hearsay rule:
        (1) testimony by the victim of an out of court
    statement made by the victim that he or she complained of
    such act to another; and
        (2) testimony of an out of court statement made by the
    victim describing any complaint of such act or matter or
    detail pertaining to any act which is an element of an
    offense which is the subject of a prosecution for a sexual
    or physical act against that victim.
    (b) Such testimony shall only be admitted if:
        (1) The court finds in a hearing conducted outside the
    presence of the jury that the time, content, and
    circumstances of the statement provide sufficient
    safeguards of reliability; and
        (2) The child or moderately, severely, or profoundly
    mentally retarded person either:
            (A) testifies at the proceeding; or
            (B) is unavailable as a witness and there is
        corroborative evidence of the act which is the subject
        of the statement; and
        (3) In a case involving an offense perpetrated against
    a child under the age of 13, the out of court statement was
    made before the victim attained 13 years of age or within 3
    months after the commission of the offense, whichever
    occurs later, but the statement may be admitted regardless
    of the age of the victim at the time of the proceeding.
    (c) If a statement is admitted pursuant to this Section,
the court shall instruct the jury that it is for the jury to
determine the weight and credibility to be given the statement
and that, in making the determination, it shall consider the
age and maturity of the child, or the intellectual capabilities
of the moderately, severely, or profoundly mentally retarded
person, the nature of the statement, the circumstances under
which the statement was made, and any other relevant factor.
    (d) The proponent of the statement shall give the adverse
party reasonable notice of his intention to offer the statement
and the particulars of the statement.
    (e) Statements described in paragraphs (1) and (2) of
subsection (a) shall not be excluded on the basis that they
were obtained as a result of interviews conducted pursuant to a
protocol adopted by a Child Advocacy Advisory Board as set
forth in subsections (c), (d), and (e) of Section 3 of the
Children's Advocacy Center Act or that an interviewer or
witness to the interview was or is an employee, agent, or
investigator of a State's Attorney's office.
(Source: P.A. 95-892, eff. 1-1-09; 96-710, eff. 1-1-10.)
 
    (725 ILCS 5/115-10.3)
    Sec. 115-10.3. Hearsay exception regarding elder adults.
    (a) In a prosecution for a physical act, abuse, neglect, or
financial exploitation perpetrated upon or against an eligible
adult, as defined in the Elder Abuse and Neglect Act, who has
been diagnosed by a physician to suffer from (i) any form of
dementia, developmental disability, or other form of mental
incapacity or (ii) any physical infirmity, including but not
limited to prosecutions for violations of Sections 10-1, 10-2,
10-3, 10-3.1, 10-4, 11-11, 12-1, 12-2, 12-3, 12-3.05, 12-3.2,
12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.5, 12-4.6, 12-4.7, 12-5,
12-6, 12-7.3, 12-7.4, 12-11, 12-11.1, 12-13, 12-14, 12-15,
12-16, 12-21, 16-1, 16-1.3, 17-1, 17-3, 18-1, 18-2, 18-3, 18-4,
18-5, 20-1.1, 24-1.2, and 33A-2, or subsection (b) of Section
12-4.4a, of the Criminal Code of 1961, the following evidence
shall be admitted as an exception to the hearsay rule:
        (1) testimony by an eligible adult, of an out of court
    statement made by the eligible adult, that he or she
    complained of such act to another; and
        (2) testimony of an out of court statement made by the
    eligible adult, describing any complaint of such act or
    matter or detail pertaining to any act which is an element
    of an offense which is the subject of a prosecution for a
    physical act, abuse, neglect, or financial exploitation
    perpetrated upon or against the eligible adult.
    (b) Such testimony shall only be admitted if:
        (1) The court finds in a hearing conducted outside the
    presence of the jury that the time, content, and
    circumstances of the statement provide sufficient
    safeguards of reliability; and
        (2) The eligible adult either:
            (A) testifies at the proceeding; or
            (B) is unavailable as a witness and there is
        corroborative evidence of the act which is the subject
        of the statement.
    (c) If a statement is admitted pursuant to this Section,
the court shall instruct the jury that it is for the jury to
determine the weight and credibility to be given the statement
and that, in making the determination, it shall consider the
condition of the eligible adult, the nature of the statement,
the circumstances under which the statement was made, and any
other relevant factor.
    (d) The proponent of the statement shall give the adverse
party reasonable notice of his or her intention to offer the
statement and the particulars of the statement.
(Source: P.A. 92-91, eff. 7-18-01; 93-301, eff. 1-1-04.)
 
    Section 970. The Unified Code of Corrections is amended by
changing Sections 3-6-3, 5-3-2, 5-5-3, 5-5-3.2, 5-8-4, 5-8A-2,
and 5-9-1.16 as follows:
 
    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
    Sec. 3-6-3. Rules and Regulations for Early Release.
        (a) (1) The Department of Corrections shall prescribe
    rules and regulations for the early release on account of
    good conduct of persons committed to the Department which
    shall be subject to review by the Prisoner Review Board.
        (2) The rules and regulations on early release shall
    provide, with respect to offenses listed in clause (i),
    (ii), or (iii) of this paragraph (2) committed on or after
    June 19, 1998 or with respect to the offense listed in
    clause (iv) of this paragraph (2) committed on or after
    June 23, 2005 (the effective date of Public Act 94-71) or
    with respect to offense listed in clause (vi) committed on
    or after June 1, 2008 (the effective date of Public Act
    95-625) or with respect to the offense of being an armed
    habitual criminal committed on or after August 2, 2005 (the
    effective date of Public Act 94-398) or with respect to the
    offenses listed in clause (v) of this paragraph (2)
    committed on or after August 13, 2007 (the effective date
    of Public Act 95-134) or with respect to the offense of
    aggravated domestic battery committed on or after July 23,
    2010 (the effective date of Public Act 96-1224) this
    amendatory Act of the 96th General Assembly, the following:
            (i) that a prisoner who is serving a term of
        imprisonment for first degree murder or for the offense
        of terrorism shall receive no good conduct credit and
        shall serve the entire sentence imposed by the court;
            (ii) that a prisoner serving a sentence for attempt
        to commit first degree murder, solicitation of murder,
        solicitation of murder for hire, intentional homicide
        of an unborn child, predatory criminal sexual assault
        of a child, aggravated criminal sexual assault,
        criminal sexual assault, aggravated kidnapping,
        aggravated battery with a firearm as described in
        Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
        or (e)(4) of Section 12-3.05, heinous battery as
        described in Section 12-4.1 or subdivision (a)(2) of
        Section 12-3.05, being an armed habitual criminal,
        aggravated battery of a senior citizen as described in
        Section 12-4.6 or subdivision (a)(4) of Section
        12-3.05, or aggravated battery of a child as described
        in Section 12-4.3 or subdivision (b)(1) of Section
        12-3.05 shall receive no more than 4.5 days of good
        conduct credit for each month of his or her sentence of
        imprisonment;
            (iii) that a prisoner serving a sentence for home
        invasion, armed robbery, aggravated vehicular
        hijacking, aggravated discharge of a firearm, or armed
        violence with a category I weapon or category II
        weapon, when the court has made and entered a finding,
        pursuant to subsection (c-1) of Section 5-4-1 of this
        Code, that the conduct leading to conviction for the
        enumerated offense resulted in great bodily harm to a
        victim, shall receive no more than 4.5 days of good
        conduct credit for each month of his or her sentence of
        imprisonment;
            (iv) that a prisoner serving a sentence for
        aggravated discharge of a firearm, whether or not the
        conduct leading to conviction for the offense resulted
        in great bodily harm to the victim, shall receive no
        more than 4.5 days of good conduct credit for each
        month of his or her sentence of imprisonment;
            (v) that a person serving a sentence for
        gunrunning, narcotics racketeering, controlled
        substance trafficking, methamphetamine trafficking,
        drug-induced homicide, aggravated
        methamphetamine-related child endangerment, money
        laundering pursuant to clause (c) (4) or (5) of Section
        29B-1 of the Criminal Code of 1961, or a Class X felony
        conviction for delivery of a controlled substance,
        possession of a controlled substance with intent to
        manufacture or deliver, calculated criminal drug
        conspiracy, criminal drug conspiracy, street gang
        criminal drug conspiracy, participation in
        methamphetamine manufacturing, aggravated
        participation in methamphetamine manufacturing,
        delivery of methamphetamine, possession with intent to
        deliver methamphetamine, aggravated delivery of
        methamphetamine, aggravated possession with intent to
        deliver methamphetamine, methamphetamine conspiracy
        when the substance containing the controlled substance
        or methamphetamine is 100 grams or more shall receive
        no more than 7.5 days good conduct credit for each
        month of his or her sentence of imprisonment;
            (vi) that a prisoner serving a sentence for a
        second or subsequent offense of luring a minor shall
        receive no more than 4.5 days of good conduct credit
        for each month of his or her sentence of imprisonment;
        and
            (vii) that a prisoner serving a sentence for
        aggravated domestic battery shall receive no more than
        4.5 days of good conduct credit for each month of his
        or her sentence of imprisonment.
        (2.1) For all offenses, other than those enumerated in
    subdivision (a)(2)(i), (ii), or (iii) committed on or after
    June 19, 1998 or subdivision (a)(2)(iv) committed on or
    after June 23, 2005 (the effective date of Public Act
    94-71) or subdivision (a)(2)(v) committed on or after
    August 13, 2007 (the effective date of Public Act 95-134)
    or subdivision (a)(2)(vi) committed on or after June 1,
    2008 (the effective date of Public Act 95-625) or
    subdivision (a)(2)(vii) committed on or after July 23, 2010
    (the effective date of Public Act 96-1224) this amendatory
    Act of the 96th General Assembly, and other than the
    offense of aggravated driving under the influence of
    alcohol, other drug or drugs, or intoxicating compound or
    compounds, or any combination thereof as defined in
    subparagraph (F) of paragraph (1) of subsection (d) of
    Section 11-501 of the Illinois Vehicle Code, and other than
    the offense of aggravated driving under the influence of
    alcohol, other drug or drugs, or intoxicating compound or
    compounds, or any combination thereof as defined in
    subparagraph (C) of paragraph (1) of subsection (d) of
    Section 11-501 of the Illinois Vehicle Code committed on or
    after January 1, 2011 (the effective date of Public Act
    96-1230) this amendatory Act of the 96th General Assembly,
    the rules and regulations shall provide that a prisoner who
    is serving a term of imprisonment shall receive one day of
    good conduct credit for each day of his or her sentence of
    imprisonment or recommitment under Section 3-3-9. Each day
    of good conduct credit shall reduce by one day the
    prisoner's period of imprisonment or recommitment under
    Section 3-3-9.
        (2.2) A prisoner serving a term of natural life
    imprisonment or a prisoner who has been sentenced to death
    shall receive no good conduct credit.
        (2.3) The rules and regulations on early release shall
    provide that a prisoner who is serving a sentence for
    aggravated driving under the influence of alcohol, other
    drug or drugs, or intoxicating compound or compounds, or
    any combination thereof as defined in subparagraph (F) of
    paragraph (1) of subsection (d) of Section 11-501 of the
    Illinois Vehicle Code, shall receive no more than 4.5 days
    of good conduct credit for each month of his or her
    sentence of imprisonment.
        (2.4) The rules and regulations on early release shall
    provide with respect to the offenses of aggravated battery
    with a machine gun or a firearm equipped with any device or
    attachment designed or used for silencing the report of a
    firearm or aggravated discharge of a machine gun or a
    firearm equipped with any device or attachment designed or
    used for silencing the report of a firearm, committed on or
    after July 15, 1999 (the effective date of Public Act
    91-121), that a prisoner serving a sentence for any of
    these offenses shall receive no more than 4.5 days of good
    conduct credit for each month of his or her sentence of
    imprisonment.
        (2.5) The rules and regulations on early release shall
    provide that a prisoner who is serving a sentence for
    aggravated arson committed on or after July 27, 2001 (the
    effective date of Public Act 92-176) shall receive no more
    than 4.5 days of good conduct credit for each month of his
    or her sentence of imprisonment.
        (2.6) The rules and regulations on early release shall
    provide that a prisoner who is serving a sentence for
    aggravated driving under the influence of alcohol, other
    drug or drugs, or intoxicating compound or compounds, or
    any combination thereof as defined in subparagraph (C) of
    paragraph (1) of subsection (d) of Section 11-501 of the
    Illinois Vehicle Code committed on or after January 1, 2011
    (the effective date of Public Act 96-1230) this amendatory
    Act of the 96th General Assembly, shall receive no more
    than 4.5 days of good conduct credit for each month of his
    or her sentence of imprisonment.
        (3) The rules and regulations shall also provide that
    the Director may award up to 180 days additional good
    conduct credit for meritorious service in specific
    instances as the Director deems proper; except that no more
    than 90 days of good conduct credit for meritorious service
    shall be awarded to any prisoner who is serving a sentence
    for conviction of first degree murder, reckless homicide
    while under the influence of alcohol or any other drug, or
    aggravated driving under the influence of alcohol, other
    drug or drugs, or intoxicating compound or compounds, or
    any combination thereof as defined in subparagraph (F) of
    paragraph (1) of subsection (d) of Section 11-501 of the
    Illinois Vehicle Code, aggravated kidnapping, kidnapping,
    predatory criminal sexual assault of a child, aggravated
    criminal sexual assault, criminal sexual assault, deviate
    sexual assault, aggravated criminal sexual abuse,
    aggravated indecent liberties with a child, indecent
    liberties with a child, child pornography, heinous battery
    as described in Section 12-4.1 or subdivision (a)(2) of
    Section 12-3.05, aggravated battery of a spouse,
    aggravated battery of a spouse with a firearm, stalking,
    aggravated stalking, aggravated battery of a child as
    described in Section 12-4.3 or subdivision (b)(1) of
    Section 12-3.05, endangering the life or health of a child,
    or cruelty to a child. Notwithstanding the foregoing, good
    conduct credit for meritorious service shall not be awarded
    on a sentence of imprisonment imposed for conviction of:
    (i) one of the offenses enumerated in subdivision
    (a)(2)(i), (ii), or (iii) when the offense is committed on
    or after June 19, 1998 or subdivision (a)(2)(iv) when the
    offense is committed on or after June 23, 2005 (the
    effective date of Public Act 94-71) or subdivision
    (a)(2)(v) when the offense is committed on or after August
    13, 2007 (the effective date of Public Act 95-134) or
    subdivision (a)(2)(vi) when the offense is committed on or
    after June 1, 2008 (the effective date of Public Act
    95-625) or subdivision (a)(2)(vii) when the offense is
    committed on or after July 23, 2010 (the effective date of
    Public Act 96-1224) this amendatory Act of the 96th General
    Assembly, (ii) aggravated driving under the influence of
    alcohol, other drug or drugs, or intoxicating compound or
    compounds, or any combination thereof as defined in
    subparagraph (F) of paragraph (1) of subsection (d) of
    Section 11-501 of the Illinois Vehicle Code, (iii) one of
    the offenses enumerated in subdivision (a)(2.4) when the
    offense is committed on or after July 15, 1999 (the
    effective date of Public Act 91-121), (iv) aggravated arson
    when the offense is committed on or after July 27, 2001
    (the effective date of Public Act 92-176), or (v) offenses
    that may subject the offender to commitment under the
    Sexually Violent Persons Commitment Act, or (vi) (v)
    aggravated driving under the influence of alcohol, other
    drug or drugs, or intoxicating compound or compounds, or
    any combination thereof as defined in subparagraph (C) of
    paragraph (1) of subsection (d) of Section 11-501 of the
    Illinois Vehicle Code committed on or after January 1, 2011
    (the effective date of Public Act 96-1230) this amendatory
    Act of the 96th General Assembly.
        The Director shall not award good conduct credit for
    meritorious service under this paragraph (3) to an inmate
    unless the inmate has served a minimum of 60 days of the
    sentence; except nothing in this paragraph shall be
    construed to permit the Director to extend an inmate's
    sentence beyond that which was imposed by the court. Prior
    to awarding credit under this paragraph (3), the Director
    shall make a written determination that the inmate:
            (A) is eligible for good conduct credit for
        meritorious service;
            (B) has served a minimum of 60 days, or as close to
        60 days as the sentence will allow; and
            (C) has met the eligibility criteria established
        by rule.
        The Director shall determine the form and content of
    the written determination required in this subsection.
        (4) The rules and regulations shall also provide that
    the good conduct credit accumulated and retained under
    paragraph (2.1) of subsection (a) of this Section by any
    inmate during specific periods of time in which such inmate
    is engaged full-time in substance abuse programs,
    correctional industry assignments, or educational programs
    provided by the Department under this paragraph (4) and
    satisfactorily completes the assigned program as
    determined by the standards of the Department, shall be
    multiplied by a factor of 1.25 for program participation
    before August 11, 1993 and 1.50 for program participation
    on or after that date. However, no inmate shall be eligible
    for the additional good conduct credit under this paragraph
    (4) or (4.1) of this subsection (a) while assigned to a
    boot camp or electronic detention, or if convicted of an
    offense enumerated in subdivision (a)(2)(i), (ii), or
    (iii) of this Section that is committed on or after June
    19, 1998 or subdivision (a)(2)(iv) of this Section that is
    committed on or after June 23, 2005 (the effective date of
    Public Act 94-71) or subdivision (a)(2)(v) of this Section
    that is committed on or after August 13, 2007 (the
    effective date of Public Act 95-134) or subdivision
    (a)(2)(vi) when the offense is committed on or after June
    1, 2008 (the effective date of Public Act 95-625) or
    subdivision (a)(2)(vii) when the offense is committed on or
    after July 23, 2010 (the effective date of Public Act
    96-1224) this amendatory Act of the 96th General Assembly,
    or if convicted of aggravated driving under the influence
    of alcohol, other drug or drugs, or intoxicating compound
    or compounds, or any combination thereof as defined in
    subparagraph (F) of paragraph (1) of subsection (d) of
    Section 11-501 of the Illinois Vehicle Code, or if
    convicted of aggravated driving under the influence of
    alcohol, other drug or drugs, or intoxicating compound or
    compounds, or any combination thereof as defined in
    subparagraph (C) of paragraph (1) of subsection (d) of
    Section 11-501 of the Illinois Vehicle Code committed on or
    after January 1, 2011 (the effective date of Public Act
    96-1230) this amendatory Act of the 96th General Assembly,
    or if convicted of an offense enumerated in paragraph
    (a)(2.4) of this Section that is committed on or after July
    15, 1999 (the effective date of Public Act 91-121), or
    first degree murder, a Class X felony, criminal sexual
    assault, felony criminal sexual abuse, aggravated criminal
    sexual abuse, aggravated battery with a firearm as
    described in Section 12-4.2 or subdivision (e)(1), (e)(2),
    (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or
    successor offenses with the same or substantially the same
    elements, or any inchoate offenses relating to the
    foregoing offenses. No inmate shall be eligible for the
    additional good conduct credit under this paragraph (4) who
    (i) has previously received increased good conduct credit
    under this paragraph (4) and has subsequently been
    convicted of a felony, or (ii) has previously served more
    than one prior sentence of imprisonment for a felony in an
    adult correctional facility.
        Educational, vocational, substance abuse and
    correctional industry programs under which good conduct
    credit may be increased under this paragraph (4) and
    paragraph (4.1) of this subsection (a) shall be evaluated
    by the Department on the basis of documented standards. The
    Department shall report the results of these evaluations to
    the Governor and the General Assembly by September 30th of
    each year. The reports shall include data relating to the
    recidivism rate among program participants.
        Availability of these programs shall be subject to the
    limits of fiscal resources appropriated by the General
    Assembly for these purposes. Eligible inmates who are
    denied immediate admission shall be placed on a waiting
    list under criteria established by the Department. The
    inability of any inmate to become engaged in any such
    programs by reason of insufficient program resources or for
    any other reason established under the rules and
    regulations of the Department shall not be deemed a cause
    of action under which the Department or any employee or
    agent of the Department shall be liable for damages to the
    inmate.
        (4.1) The rules and regulations shall also provide that
    an additional 60 days of good conduct credit shall be
    awarded to any prisoner who passes the high school level
    Test of General Educational Development (GED) while the
    prisoner is incarcerated. The good conduct credit awarded
    under this paragraph (4.1) shall be in addition to, and
    shall not affect, the award of good conduct under any other
    paragraph of this Section, but shall also be pursuant to
    the guidelines and restrictions set forth in paragraph (4)
    of subsection (a) of this Section. The good conduct credit
    provided for in this paragraph shall be available only to
    those prisoners who have not previously earned a high
    school diploma or a GED. If, after an award of the GED good
    conduct credit has been made and the Department determines
    that the prisoner was not eligible, then the award shall be
    revoked.
        (4.5) The rules and regulations on early release shall
    also provide that when the court's sentencing order
    recommends a prisoner for substance abuse treatment and the
    crime was committed on or after September 1, 2003 (the
    effective date of Public Act 93-354), the prisoner shall
    receive no good conduct credit awarded under clause (3) of
    this subsection (a) unless he or she participates in and
    completes a substance abuse treatment program. The
    Director may waive the requirement to participate in or
    complete a substance abuse treatment program and award the
    good conduct credit in specific instances if the prisoner
    is not a good candidate for a substance abuse treatment
    program for medical, programming, or operational reasons.
    Availability of substance abuse treatment shall be subject
    to the limits of fiscal resources appropriated by the
    General Assembly for these purposes. If treatment is not
    available and the requirement to participate and complete
    the treatment has not been waived by the Director, the
    prisoner shall be placed on a waiting list under criteria
    established by the Department. The Director may allow a
    prisoner placed on a waiting list to participate in and
    complete a substance abuse education class or attend
    substance abuse self-help meetings in lieu of a substance
    abuse treatment program. A prisoner on a waiting list who
    is not placed in a substance abuse program prior to release
    may be eligible for a waiver and receive good conduct
    credit under clause (3) of this subsection (a) at the
    discretion of the Director.
        (4.6) The rules and regulations on early release shall
    also provide that a prisoner who has been convicted of a
    sex offense as defined in Section 2 of the Sex Offender
    Registration Act shall receive no good conduct credit
    unless he or she either has successfully completed or is
    participating in sex offender treatment as defined by the
    Sex Offender Management Board. However, prisoners who are
    waiting to receive such treatment, but who are unable to do
    so due solely to the lack of resources on the part of the
    Department, may, at the Director's sole discretion, be
    awarded good conduct credit at such rate as the Director
    shall determine.
        (5) Whenever the Department is to release any inmate
    earlier than it otherwise would because of a grant of good
    conduct credit for meritorious service given at any time
    during the term, the Department shall give reasonable
    notice of the impending release not less than 14 days prior
    to the date of the release to the State's Attorney of the
    county where the prosecution of the inmate took place, and
    if applicable, the State's Attorney of the county into
    which the inmate will be released. The Department must also
    make identification information and a recent photo of the
    inmate being released accessible on the Internet by means
    of a hyperlink labeled "Community Notification of Inmate
    Early Release" on the Department's World Wide Web homepage.
    The identification information shall include the inmate's:
    name, any known alias, date of birth, physical
    characteristics, residence address, commitment offense and
    county where conviction was imposed. The identification
    information shall be placed on the website within 3 days of
    the inmate's release and the information may not be removed
    until either: completion of the first year of mandatory
    supervised release or return of the inmate to custody of
    the Department.
    (b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of good time.
    (c) The Department shall prescribe rules and regulations
for revoking good conduct credit, or suspending or reducing the
rate of accumulation of good conduct credit for specific rule
violations, during imprisonment. These rules and regulations
shall provide that no inmate may be penalized more than one
year of good conduct credit for any one infraction.
    When the Department seeks to revoke, suspend or reduce the
rate of accumulation of any good conduct credits for an alleged
infraction of its rules, it shall bring charges therefor
against the prisoner sought to be so deprived of good conduct
credits before the Prisoner Review Board as provided in
subparagraph (a)(4) of Section 3-3-2 of this Code, if the
amount of credit at issue exceeds 30 days or when during any 12
month period, the cumulative amount of credit revoked exceeds
30 days except where the infraction is committed or discovered
within 60 days of scheduled release. In those cases, the
Department of Corrections may revoke up to 30 days of good
conduct credit. The Board may subsequently approve the
revocation of additional good conduct credit, if the Department
seeks to revoke good conduct credit in excess of 30 days.
However, the Board shall not be empowered to review the
Department's decision with respect to the loss of 30 days of
good conduct credit within any calendar year for any prisoner
or to increase any penalty beyond the length requested by the
Department.
    The Director of the Department of Corrections, in
appropriate cases, may restore up to 30 days good conduct
credits which have been revoked, suspended or reduced. Any
restoration of good conduct credits in excess of 30 days shall
be subject to review by the Prisoner Review Board. However, the
Board may not restore good conduct credit in excess of the
amount requested by the Director.
    Nothing contained in this Section shall prohibit the
Prisoner Review Board from ordering, pursuant to Section
3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
sentence imposed by the court that was not served due to the
accumulation of good conduct credit.
    (d) If a lawsuit is filed by a prisoner in an Illinois or
federal court against the State, the Department of Corrections,
or the Prisoner Review Board, or against any of their officers
or employees, and the court makes a specific finding that a
pleading, motion, or other paper filed by the prisoner is
frivolous, the Department of Corrections shall conduct a
hearing to revoke up to 180 days of good conduct credit by
bringing charges against the prisoner sought to be deprived of
the good conduct credits before the Prisoner Review Board as
provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the prisoner has not accumulated 180 days of good conduct
credit at the time of the finding, then the Prisoner Review
Board may revoke all good conduct credit accumulated by the
prisoner.
    For purposes of this subsection (d):
        (1) "Frivolous" means that a pleading, motion, or other
    filing which purports to be a legal document filed by a
    prisoner in his or her lawsuit meets any or all of the
    following criteria:
            (A) it lacks an arguable basis either in law or in
        fact;
            (B) it is being presented for any improper purpose,
        such as to harass or to cause unnecessary delay or
        needless increase in the cost of litigation;
            (C) the claims, defenses, and other legal
        contentions therein are not warranted by existing law
        or by a nonfrivolous argument for the extension,
        modification, or reversal of existing law or the
        establishment of new law;
            (D) the allegations and other factual contentions
        do not have evidentiary support or, if specifically so
        identified, are not likely to have evidentiary support
        after a reasonable opportunity for further
        investigation or discovery; or
            (E) the denials of factual contentions are not
        warranted on the evidence, or if specifically so
        identified, are not reasonably based on a lack of
        information or belief.
        (2) "Lawsuit" means a motion pursuant to Section 116-3
    of the Code of Criminal Procedure of 1963, a habeas corpus
    action under Article X of the Code of Civil Procedure or
    under federal law (28 U.S.C. 2254), a petition for claim
    under the Court of Claims Act, an action under the federal
    Civil Rights Act (42 U.S.C. 1983), or a second or
    subsequent petition for post-conviction relief under
    Article 122 of the Code of Criminal Procedure of 1963
    whether filed with or without leave of court or a second or
    subsequent petition for relief from judgment under Section
    2-1401 of the Code of Civil Procedure.
    (e) Nothing in Public Act 90-592 or 90-593 affects the
validity of Public Act 89-404.
    (f) Whenever the Department is to release any inmate who
has been convicted of a violation of an order of protection
under Section 12-3.4 or 12-30 of the Criminal Code of 1961,
earlier than it otherwise would because of a grant of good
conduct credit, the Department, as a condition of such early
release, shall require that the person, upon release, be placed
under electronic surveillance as provided in Section 5-8A-7 of
this Code.
(Source: P.A. 95-134, eff. 8-13-07; 95-585, eff. 6-1-08;
95-625, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09;
95-876, eff. 8-21-08; 96-860, eff. 1-15-10; 96-1110, eff.
7-19-10; 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224,
eff. 7-23-10; 96-1230, eff. 1-1-11; revised 9-16-10.)
 
    (730 ILCS 5/5-3-2)  (from Ch. 38, par. 1005-3-2)
    Sec. 5-3-2. Presentence Report.
    (a) In felony cases, the presentence report shall set
forth:
        (1) the defendant's history of delinquency or
    criminality, physical and mental history and condition,
    family situation and background, economic status,
    education, occupation and personal habits;
        (2) information about special resources within the
    community which might be available to assist the
    defendant's rehabilitation, including treatment centers,
    residential facilities, vocational training services,
    correctional manpower programs, employment opportunities,
    special educational programs, alcohol and drug abuse
    programming, psychiatric and marriage counseling, and
    other programs and facilities which could aid the
    defendant's successful reintegration into society;
        (3) the effect the offense committed has had upon the
    victim or victims thereof, and any compensatory benefit
    that various sentencing alternatives would confer on such
    victim or victims;
        (4) information concerning the defendant's status
    since arrest, including his record if released on his own
    recognizance, or the defendant's achievement record if
    released on a conditional pre-trial supervision program;
        (5) when appropriate, a plan, based upon the personal,
    economic and social adjustment needs of the defendant,
    utilizing public and private community resources as an
    alternative to institutional sentencing;
        (6) any other matters that the investigatory officer
    deems relevant or the court directs to be included; and
        (7) information concerning defendant's eligibility for
    a sentence to a county impact incarceration program under
    Section 5-8-1.2 of this Code.
    (b) The investigation shall include a physical and mental
examination of the defendant when so ordered by the court. If
the court determines that such an examination should be made,
it shall issue an order that the defendant submit to
examination at such time and place as designated by the court
and that such examination be conducted by a physician,
psychologist or psychiatrist designated by the court. Such an
examination may be conducted in a court clinic if so ordered by
the court. The cost of such examination shall be paid by the
county in which the trial is held.
    (b-5) In cases involving felony sex offenses in which the
offender is being considered for probation only or any felony
offense that is sexually motivated as defined in the Sex
Offender Management Board Act in which the offender is being
considered for probation only, the investigation shall include
a sex offender evaluation by an evaluator approved by the Board
and conducted in conformance with the standards developed under
the Sex Offender Management Board Act. In cases in which the
offender is being considered for any mandatory prison sentence,
the investigation shall not include a sex offender evaluation.
    (c) In misdemeanor, business offense or petty offense
cases, except as specified in subsection (d) of this Section,
when a presentence report has been ordered by the court, such
presentence report shall contain information on the
defendant's history of delinquency or criminality and shall
further contain only those matters listed in any of paragraphs
(1) through (6) of subsection (a) or in subsection (b) of this
Section as are specified by the court in its order for the
report.
    (d) In cases under Section 12-15 and Section 12-3.4 or
12-30 of the Criminal Code of 1961, as amended, the presentence
report shall set forth information about alcohol, drug abuse,
psychiatric, and marriage counseling or other treatment
programs and facilities, information on the defendant's
history of delinquency or criminality, and shall contain those
additional matters listed in any of paragraphs (1) through (6)
of subsection (a) or in subsection (b) of this Section as are
specified by the court.
    (e) Nothing in this Section shall cause the defendant to be
held without bail or to have his bail revoked for the purpose
of preparing the presentence report or making an examination.
(Source: P.A. 96-322, eff. 1-1-10.)
 
    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
    Sec. 5-5-3. Disposition.
    (a) (Blank).
    (b) (Blank).
    (c) (1) (Blank).
        (2) A period of probation, a term of periodic
    imprisonment or conditional discharge shall not be imposed
    for the following offenses. The court shall sentence the
    offender to not less than the minimum term of imprisonment
    set forth in this Code for the following offenses, and may
    order a fine or restitution or both in conjunction with
    such term of imprisonment:
            (A) First degree murder where the death penalty is
        not imposed.
            (B) Attempted first degree murder.
            (C) A Class X felony.
            (D) A violation of Section 401.1 or 407 of the
        Illinois Controlled Substances Act, or a violation of
        subdivision (c)(1), (c)(1.5), or (c)(2) of Section 401
        of that Act which relates to more than 5 grams of a
        substance containing heroin, cocaine, fentanyl, or an
        analog thereof.
            (E) A violation of Section 5.1 or 9 of the Cannabis
        Control Act.
            (F) A Class 2 or greater felony if the offender had
        been convicted of a Class 2 or greater felony,
        including any state or federal conviction for an
        offense that contained, at the time it was committed,
        the same elements as an offense now (the date of the
        offense committed after the prior Class 2 or greater
        felony) classified as a Class 2 or greater felony,
        within 10 years of the date on which the offender
        committed the offense for which he or she is being
        sentenced, except as otherwise provided in Section
        40-10 of the Alcoholism and Other Drug Abuse and
        Dependency Act.
            (F-5) A violation of Section 24-1, 24-1.1, or
        24-1.6 of the Criminal Code of 1961 for which
        imprisonment is prescribed in those Sections.
            (G) Residential burglary, except as otherwise
        provided in Section 40-10 of the Alcoholism and Other
        Drug Abuse and Dependency Act.
            (H) Criminal sexual assault.
            (I) Aggravated battery of a senior citizen as
        described in Section 12-4.6 or subdivision (a)(4) of
        Section 12-3.05.
            (J) A forcible felony if the offense was related to
        the activities of an organized gang.
            Before July 1, 1994, for the purposes of this
        paragraph, "organized gang" means an association of 5
        or more persons, with an established hierarchy, that
        encourages members of the association to perpetrate
        crimes or provides support to the members of the
        association who do commit crimes.
            Beginning July 1, 1994, for the purposes of this
        paragraph, "organized gang" has the meaning ascribed
        to it in Section 10 of the Illinois Streetgang
        Terrorism Omnibus Prevention Act.
            (K) Vehicular hijacking.
            (L) A second or subsequent conviction for the
        offense of hate crime when the underlying offense upon
        which the hate crime is based is felony aggravated
        assault or felony mob action.
            (M) A second or subsequent conviction for the
        offense of institutional vandalism if the damage to the
        property exceeds $300.
            (N) A Class 3 felony violation of paragraph (1) of
        subsection (a) of Section 2 of the Firearm Owners
        Identification Card Act.
            (O) A violation of Section 12-6.1 or 12-6.5 of the
        Criminal Code of 1961.
            (P) A violation of paragraph (1), (2), (3), (4),
        (5), or (7) of subsection (a) of Section 11-20.1 of the
        Criminal Code of 1961.
            (Q) A violation of Section 20-1.2 or 20-1.3 of the
        Criminal Code of 1961.
            (R) A violation of Section 24-3A of the Criminal
        Code of 1961.
            (S) (Blank).
            (T) A second or subsequent violation of the
        Methamphetamine Control and Community Protection Act.
            (U) A second or subsequent violation of Section
        6-303 of the Illinois Vehicle Code committed while his
        or her driver's license, permit, or privilege was
        revoked because of a violation of Section 9-3 of the
        Criminal Code of 1961, relating to the offense of
        reckless homicide, or a similar provision of a law of
        another state.
            (V) A violation of paragraph (4) of subsection (c)
        of Section 11-20.3 of the Criminal Code of 1961.
            (W) A violation of Section 24-3.5 of the Criminal
        Code of 1961.
            (X) A violation of subsection (a) of Section 31-1a
        of the Criminal Code of 1961.
            (Y) A conviction for unlawful possession of a
        firearm by a street gang member when the firearm was
        loaded or contained firearm ammunition.
            (Z) A Class 1 felony committed while he or she was
        serving a term of probation or conditional discharge
        for a felony.
            (AA) Theft of property exceeding $500,000 and not
        exceeding $1,000,000 in value.
            (BB) Laundering of criminally derived property of
        a value exceeding $500,000.
            (CC) Knowingly selling, offering for sale, holding
        for sale, or using 2,000 or more counterfeit items or
        counterfeit items having a retail value in the
        aggregate of $500,000 or more.
        (3) (Blank).
        (4) A minimum term of imprisonment of not less than 10
    consecutive days or 30 days of community service shall be
    imposed for a violation of paragraph (c) of Section 6-303
    of the Illinois Vehicle Code.
        (4.1) (Blank).
        (4.2) Except as provided in paragraphs (4.3) and (4.8)
    of this subsection (c), a minimum of 100 hours of community
    service shall be imposed for a second violation of Section
    6-303 of the Illinois Vehicle Code.
        (4.3) A minimum term of imprisonment of 30 days or 300
    hours of community service, as determined by the court,
    shall be imposed for a second violation of subsection (c)
    of Section 6-303 of the Illinois Vehicle Code.
        (4.4) Except as provided in paragraphs (4.5), (4.6),
    and (4.9) of this subsection (c), a minimum term of
    imprisonment of 30 days or 300 hours of community service,
    as determined by the court, shall be imposed for a third or
    subsequent violation of Section 6-303 of the Illinois
    Vehicle Code.
        (4.5) A minimum term of imprisonment of 30 days shall
    be imposed for a third violation of subsection (c) of
    Section 6-303 of the Illinois Vehicle Code.
        (4.6) Except as provided in paragraph (4.10) of this
    subsection (c), a minimum term of imprisonment of 180 days
    shall be imposed for a fourth or subsequent violation of
    subsection (c) of Section 6-303 of the Illinois Vehicle
    Code.
        (4.7) A minimum term of imprisonment of not less than
    30 consecutive days, or 300 hours of community service,
    shall be imposed for a violation of subsection (a-5) of
    Section 6-303 of the Illinois Vehicle Code, as provided in
    subsection (b-5) of that Section.
        (4.8) A mandatory prison sentence shall be imposed for
    a second violation of subsection (a-5) of Section 6-303 of
    the Illinois Vehicle Code, as provided in subsection (c-5)
    of that Section. The person's driving privileges shall be
    revoked for a period of not less than 5 years from the date
    of his or her release from prison.
        (4.9) A mandatory prison sentence of not less than 4
    and not more than 15 years shall be imposed for a third
    violation of subsection (a-5) of Section 6-303 of the
    Illinois Vehicle Code, as provided in subsection (d-2.5) of
    that Section. The person's driving privileges shall be
    revoked for the remainder of his or her life.
        (4.10) A mandatory prison sentence for a Class 1 felony
    shall be imposed, and the person shall be eligible for an
    extended term sentence, for a fourth or subsequent
    violation of subsection (a-5) of Section 6-303 of the
    Illinois Vehicle Code, as provided in subsection (d-3.5) of
    that Section. The person's driving privileges shall be
    revoked for the remainder of his or her life.
        (5) The court may sentence a corporation or
    unincorporated association convicted of any offense to:
            (A) a period of conditional discharge;
            (B) a fine;
            (C) make restitution to the victim under Section
        5-5-6 of this Code.
        (5.1) In addition to any other penalties imposed, and
    except as provided in paragraph (5.2) or (5.3), a person
    convicted of violating subsection (c) of Section 11-907 of
    the Illinois Vehicle Code shall have his or her driver's
    license, permit, or privileges suspended for at least 90
    days but not more than one year, if the violation resulted
    in damage to the property of another person.
        (5.2) In addition to any other penalties imposed, and
    except as provided in paragraph (5.3), a person convicted
    of violating subsection (c) of Section 11-907 of the
    Illinois Vehicle Code shall have his or her driver's
    license, permit, or privileges suspended for at least 180
    days but not more than 2 years, if the violation resulted
    in injury to another person.
        (5.3) In addition to any other penalties imposed, a
    person convicted of violating subsection (c) of Section
    11-907 of the Illinois Vehicle Code shall have his or her
    driver's license, permit, or privileges suspended for 2
    years, if the violation resulted in the death of another
    person.
        (5.4) In addition to any other penalties imposed, a
    person convicted of violating Section 3-707 of the Illinois
    Vehicle Code shall have his or her driver's license,
    permit, or privileges suspended for 3 months and until he
    or she has paid a reinstatement fee of $100.
        (5.5) In addition to any other penalties imposed, a
    person convicted of violating Section 3-707 of the Illinois
    Vehicle Code during a period in which his or her driver's
    license, permit, or privileges were suspended for a
    previous violation of that Section shall have his or her
    driver's license, permit, or privileges suspended for an
    additional 6 months after the expiration of the original
    3-month suspension and until he or she has paid a
    reinstatement fee of $100.
        (6) (Blank).
        (7) (Blank).
        (8) (Blank).
        (9) A defendant convicted of a second or subsequent
    offense of ritualized abuse of a child may be sentenced to
    a term of natural life imprisonment.
        (10) (Blank).
        (11) The court shall impose a minimum fine of $1,000
    for a first offense and $2,000 for a second or subsequent
    offense upon a person convicted of or placed on supervision
    for battery when the individual harmed was a sports
    official or coach at any level of competition and the act
    causing harm to the sports official or coach occurred
    within an athletic facility or within the immediate
    vicinity of the athletic facility at which the sports
    official or coach was an active participant of the athletic
    contest held at the athletic facility. For the purposes of
    this paragraph (11), "sports official" means a person at an
    athletic contest who enforces the rules of the contest,
    such as an umpire or referee; "athletic facility" means an
    indoor or outdoor playing field or recreational area where
    sports activities are conducted; and "coach" means a person
    recognized as a coach by the sanctioning authority that
    conducted the sporting event.
        (12) A person may not receive a disposition of court
    supervision for a violation of Section 5-16 of the Boat
    Registration and Safety Act if that person has previously
    received a disposition of court supervision for a violation
    of that Section.
        (13) A person convicted of or placed on court
    supervision for an assault or aggravated assault when the
    victim and the offender are family or household members as
    defined in Section 103 of the Illinois Domestic Violence
    Act of 1986 or convicted of domestic battery or aggravated
    domestic battery may be required to attend a Partner Abuse
    Intervention Program under protocols set forth by the
    Illinois Department of Human Services under such terms and
    conditions imposed by the court. The costs of such classes
    shall be paid by the offender.
    (d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The
trial court shall hold a hearing under Section 5-4-1 of the
Unified Code of Corrections which may include evidence of the
defendant's life, moral character and occupation during the
time since the original sentence was passed. The trial court
shall then impose sentence upon the defendant. The trial court
may impose any sentence which could have been imposed at the
original trial subject to Section 5-5-4 of the Unified Code of
Corrections. If a sentence is vacated on appeal or on
collateral attack due to the failure of the trier of fact at
trial to determine beyond a reasonable doubt the existence of a
fact (other than a prior conviction) necessary to increase the
punishment for the offense beyond the statutory maximum
otherwise applicable, either the defendant may be re-sentenced
to a term within the range otherwise provided or, if the State
files notice of its intention to again seek the extended
sentence, the defendant shall be afforded a new trial.
    (e) In cases where prosecution for aggravated criminal
sexual abuse under Section 12-16 of the Criminal Code of 1961
results in conviction of a defendant who was a family member of
the victim at the time of the commission of the offense, the
court shall consider the safety and welfare of the victim and
may impose a sentence of probation only where:
        (1) the court finds (A) or (B) or both are appropriate:
            (A) the defendant is willing to undergo a court
        approved counseling program for a minimum duration of 2
        years; or
            (B) the defendant is willing to participate in a
        court approved plan including but not limited to the
        defendant's:
                (i) removal from the household;
                (ii) restricted contact with the victim;
                (iii) continued financial support of the
            family;
                (iv) restitution for harm done to the victim;
            and
                (v) compliance with any other measures that
            the court may deem appropriate; and
        (2) the court orders the defendant to pay for the
    victim's counseling services, to the extent that the court
    finds, after considering the defendant's income and
    assets, that the defendant is financially capable of paying
    for such services, if the victim was under 18 years of age
    at the time the offense was committed and requires
    counseling as a result of the offense.
    Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members or
commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
    For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
12-12 of the Criminal Code of 1961.
    (f) (Blank).
    (g) Whenever a defendant is convicted of an offense under
Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15 or 12-16
of the Criminal Code of 1961, the defendant shall undergo
medical testing to determine whether the defendant has any
sexually transmissible disease, including a test for infection
with human immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of
any bodily fluids as well as an examination of the defendant's
person. Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally
delivered in a sealed envelope to the judge of the court in
which the conviction was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the
victim and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may be
revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested by
the victim, and if the victim is under the age of 15 and if
requested by the victim's parents or legal guardian, the court
shall notify the victim's parents or legal guardian of the test
results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results of
the testing are revealed and shall direct the State's Attorney
to provide the information to the victim when possible. A
State's Attorney may petition the court to obtain the results
of any HIV test administered under this Section, and the court
shall grant the disclosure if the State's Attorney shows it is
relevant in order to prosecute a charge of criminal
transmission of HIV under Section 12-5.01 or 12-16.2 of the
Criminal Code of 1961 against the defendant. The court shall
order that the cost of any such test shall be paid by the
county and may be taxed as costs against the convicted
defendant.
    (g-5) When an inmate is tested for an airborne communicable
disease, as determined by the Illinois Department of Public
Health including but not limited to tuberculosis, the results
of the test shall be personally delivered by the warden or his
or her designee in a sealed envelope to the judge of the court
in which the inmate must appear for the judge's inspection in
camera if requested by the judge. Acting in accordance with the
best interests of those in the courtroom, the judge shall have
the discretion to determine what if any precautions need to be
taken to prevent transmission of the disease in the courtroom.
    (h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether
the defendant has been exposed to human immunodeficiency virus
(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Except as otherwise provided
by law, the results of such test shall be kept strictly
confidential by all medical personnel involved in the testing
and must be personally delivered in a sealed envelope to the
judge of the court in which the conviction was entered for the
judge's inspection in camera. Acting in accordance with the
best interests of the public, the judge shall have the
discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide
information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct
the State's Attorney to provide the information to the victim
when possible. A State's Attorney may petition the court to
obtain the results of any HIV test administered under this
Section, and the court shall grant the disclosure if the
State's Attorney shows it is relevant in order to prosecute a
charge of criminal transmission of HIV under Section 12-5.01 or
12-16.2 of the Criminal Code of 1961 against the defendant. The
court shall order that the cost of any such test shall be paid
by the county and may be taxed as costs against the convicted
defendant.
    (i) All fines and penalties imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
    (j) In cases when prosecution for any violation of Section
11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal
Code of 1961, any violation of the Illinois Controlled
Substances Act, any violation of the Cannabis Control Act, or
any violation of the Methamphetamine Control and Community
Protection Act results in conviction, a disposition of court
supervision, or an order of probation granted under Section 10
of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substance Act, or Section 70 of the Methamphetamine
Control and Community Protection Act of a defendant, the court
shall determine whether the defendant is employed by a facility
or center as defined under the Child Care Act of 1969, a public
or private elementary or secondary school, or otherwise works
with children under 18 years of age on a daily basis. When a
defendant is so employed, the court shall order the Clerk of
the Court to send a copy of the judgment of conviction or order
of supervision or probation to the defendant's employer by
certified mail. If the employer of the defendant is a school,
the Clerk of the Court shall direct the mailing of a copy of
the judgment of conviction or order of supervision or probation
to the appropriate regional superintendent of schools. The
regional superintendent of schools shall notify the State Board
of Education of any notification under this subsection.
    (j-5) A defendant at least 17 years of age who is convicted
of a felony and who has not been previously convicted of a
misdemeanor or felony and who is sentenced to a term of
imprisonment in the Illinois Department of Corrections shall as
a condition of his or her sentence be required by the court to
attend educational courses designed to prepare the defendant
for a high school diploma and to work toward a high school
diploma or to work toward passing the high school level Test of
General Educational Development (GED) or to work toward
completing a vocational training program offered by the
Department of Corrections. If a defendant fails to complete the
educational training required by his or her sentence during the
term of incarceration, the Prisoner Review Board shall, as a
condition of mandatory supervised release, require the
defendant, at his or her own expense, to pursue a course of
study toward a high school diploma or passage of the GED test.
The Prisoner Review Board shall revoke the mandatory supervised
release of a defendant who wilfully fails to comply with this
subsection (j-5) upon his or her release from confinement in a
penal institution while serving a mandatory supervised release
term; however, the inability of the defendant after making a
good faith effort to obtain financial aid or pay for the
educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the defendant
whose mandatory supervised release term has been revoked under
this subsection (j-5) as provided in Section 3-3-9. This
subsection (j-5) does not apply to a defendant who has a high
school diploma or has successfully passed the GED test. This
subsection (j-5) does not apply to a defendant who is
determined by the court to be developmentally disabled or
otherwise mentally incapable of completing the educational or
vocational program.
    (k) (Blank).
    (l) (A) Except as provided in paragraph (C) of subsection
    (l), whenever a defendant, who is an alien as defined by
    the Immigration and Nationality Act, is convicted of any
    felony or misdemeanor offense, the court after sentencing
    the defendant may, upon motion of the State's Attorney,
    hold sentence in abeyance and remand the defendant to the
    custody of the Attorney General of the United States or his
    or her designated agent to be deported when:
            (1) a final order of deportation has been issued
        against the defendant pursuant to proceedings under
        the Immigration and Nationality Act, and
            (2) the deportation of the defendant would not
        deprecate the seriousness of the defendant's conduct
        and would not be inconsistent with the ends of justice.
        Otherwise, the defendant shall be sentenced as
    provided in this Chapter V.
        (B) If the defendant has already been sentenced for a
    felony or misdemeanor offense, or has been placed on
    probation under Section 10 of the Cannabis Control Act,
    Section 410 of the Illinois Controlled Substances Act, or
    Section 70 of the Methamphetamine Control and Community
    Protection Act, the court may, upon motion of the State's
    Attorney to suspend the sentence imposed, commit the
    defendant to the custody of the Attorney General of the
    United States or his or her designated agent when:
            (1) a final order of deportation has been issued
        against the defendant pursuant to proceedings under
        the Immigration and Nationality Act, and
            (2) the deportation of the defendant would not
        deprecate the seriousness of the defendant's conduct
        and would not be inconsistent with the ends of justice.
        (C) This subsection (l) does not apply to offenders who
    are subject to the provisions of paragraph (2) of
    subsection (a) of Section 3-6-3.
        (D) Upon motion of the State's Attorney, if a defendant
    sentenced under this Section returns to the jurisdiction of
    the United States, the defendant shall be recommitted to
    the custody of the county from which he or she was
    sentenced. Thereafter, the defendant shall be brought
    before the sentencing court, which may impose any sentence
    that was available under Section 5-5-3 at the time of
    initial sentencing. In addition, the defendant shall not be
    eligible for additional good conduct credit for
    meritorious service as provided under Section 3-6-6.
    (m) A person convicted of criminal defacement of property
under Section 21-1.3 of the Criminal Code of 1961, in which the
property damage exceeds $300 and the property damaged is a
school building, shall be ordered to perform community service
that may include cleanup, removal, or painting over the
defacement.
    (n) The court may sentence a person convicted of a
violation of Section 12-19, 12-21, or 16-1.3, or subsection (a)
or (b) of Section 12-4.4a, of the Criminal Code of 1961 (i) to
an impact incarceration program if the person is otherwise
eligible for that program under Section 5-8-1.1, (ii) to
community service, or (iii) if the person is an addict or
alcoholic, as defined in the Alcoholism and Other Drug Abuse
and Dependency Act, to a substance or alcohol abuse program
licensed under that Act.
    (o) Whenever a person is convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act, the
defendant's driver's license or permit shall be subject to
renewal on an annual basis in accordance with the provisions of
license renewal established by the Secretary of State.
(Source: P.A. 95-188, eff. 8-16-07; 95-259, eff. 8-17-07;
95-331, eff. 8-21-07; 95-377, eff. 1-1-08; 95-579, eff. 6-1-08;
95-876, eff. 8-21-08; 95-882, eff. 1-1-09; 95-1052, eff.
7-1-09; 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; 96-829,
eff. 12-3-09; 96-1200, eff. 7-22-10.)
 
    (730 ILCS 5/5-5-3.2)
    Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
Sentencing.
    (a) The following factors shall be accorded weight in favor
of imposing a term of imprisonment or may be considered by the
court as reasons to impose a more severe sentence under Section
5-8-1 or Article 4.5 of Chapter V:
        (1) the defendant's conduct caused or threatened
    serious harm;
        (2) the defendant received compensation for committing
    the offense;
        (3) the defendant has a history of prior delinquency or
    criminal activity;
        (4) the defendant, by the duties of his office or by
    his position, was obliged to prevent the particular offense
    committed or to bring the offenders committing it to
    justice;
        (5) the defendant held public office at the time of the
    offense, and the offense related to the conduct of that
    office;
        (6) the defendant utilized his professional reputation
    or position in the community to commit the offense, or to
    afford him an easier means of committing it;
        (7) the sentence is necessary to deter others from
    committing the same crime;
        (8) the defendant committed the offense against a
    person 60 years of age or older or such person's property;
        (9) the defendant committed the offense against a
    person who is physically handicapped or such person's
    property;
        (10) by reason of another individual's actual or
    perceived race, color, creed, religion, ancestry, gender,
    sexual orientation, physical or mental disability, or
    national origin, the defendant committed the offense
    against (i) the person or property of that individual; (ii)
    the person or property of a person who has an association
    with, is married to, or has a friendship with the other
    individual; or (iii) the person or property of a relative
    (by blood or marriage) of a person described in clause (i)
    or (ii). For the purposes of this Section, "sexual
    orientation" means heterosexuality, homosexuality, or
    bisexuality;
        (11) the offense took place in a place of worship or on
    the grounds of a place of worship, immediately prior to,
    during or immediately following worship services. For
    purposes of this subparagraph, "place of worship" shall
    mean any church, synagogue or other building, structure or
    place used primarily for religious worship;
        (12) the defendant was convicted of a felony committed
    while he was released on bail or his own recognizance
    pending trial for a prior felony and was convicted of such
    prior felony, or the defendant was convicted of a felony
    committed while he was serving a period of probation,
    conditional discharge, or mandatory supervised release
    under subsection (d) of Section 5-8-1 for a prior felony;
        (13) the defendant committed or attempted to commit a
    felony while he was wearing a bulletproof vest. For the
    purposes of this paragraph (13), a bulletproof vest is any
    device which is designed for the purpose of protecting the
    wearer from bullets, shot or other lethal projectiles;
        (14) the defendant held a position of trust or
    supervision such as, but n