Rep. John D'Amico
Filed: 4/12/2007
 
 

 




 

 		












09500HB2749ham001

LRB095 00989 RLC 34496 a






1

AMENDMENT TO HOUSE BILL 2749




2
    AMENDMENT NO. ______. Amend House Bill 2749 by replacing 
3
everything after the enacting clause with the following:

 
4
    "Section 5. The Unified Code of Corrections is amended  by 
5
changing Section 5-8A-2 as follows:
 



6
    (730 ILCS 5/5-8A-2)  (from Ch. 38, par. 1005-8A-2)



7
    Sec. 5-8A-2. Definitions. As used in this Article:

8
    (A) "Approved electronic monitoring device" means a device 
9
approved by
the supervising authority which is primarily 
10
intended to record or transmit
information as to the 
11
defendant's presence or nonpresence in the home.

12
    An approved electronic monitoring device may record or 
13
transmit: oral or
wire communications or an auditory sound; 
14
visual images; or information
regarding the offender's 
15
activities while inside the offender's home.
These devices are 
16
subject to the required consent as set forth in Section
5-8A-5 
 


 






09500HB2749ham001
- 2 -
LRB095 00989 RLC 34496 a




1
of this Article.

2
    An approved electronic monitoring device may be used to 
3
record a
conversation between the participant and the 
4
monitoring device, or the
participant and the person 
5
supervising the participant solely for the
purpose of 
6
identification and not for the purpose of eavesdropping or

7
conducting any other illegally intrusive monitoring.

8
    (B) "Excluded offenses" means first degree murder, escape, 
9
predatory
criminal sexual assault of a child, aggravated 
10
criminal sexual assault,
criminal sexual assault, aggravated 
11
battery with a firearm, bringing or
possessing a firearm, 
12
ammunition or explosive in a penal institution, any
"Super-X" 
13
drug offense or calculated criminal drug conspiracy or 
14
streetgang
criminal drug conspiracy, or any predecessor or 
15
successor offenses with the
same or substantially the same 
16
elements, or any inchoate offenses relating to
the foregoing 
17
offenses.

18
    (C) "Home detention" means the confinement of a person 
19
convicted or
charged with an offense to his or her place of 
20
residence under the terms
and conditions established by the 
21
supervising authority.

22
    (D) "Participant" means an inmate or offender placed into 
23
an
electronic monitoring program.

24
    (E) "Supervising authority" means the Department of 
25
Corrections,
probation  supervisory authority, sheriff, 
26
superintendent of
municipal house of corrections or any other 
 


 






09500HB2749ham001
- 3 -
LRB095 00989 RLC 34496 a




1
officer or agency charged with
authorizing and supervising home 
2
detention. In counties of over 3,000,000 inhabitants, for the 
3
purpose of determining eligibility of a person to be placed in 
4
an electronic home detention program, the "supervising 
5
authority" shall be the judge who is or has presided over the 
6
trial of the person who is to be placed  in an electronic home 
7
detention program and not the sheriff.


8
    (F) "Super-X drug offense" means a violation of Section 
9
401(a)(1)(B), (C),
or (D); Section 401(a)(2)(B), (C), or (D); 
10
Section 401(a)(3)(B), (C), or (D);
or Section 401(a)(7)(B), 
11
(C), or (D) of the Illinois Controlled Substances
Act.

12
(Source: P.A. 88-311; 89-428, eff. 12-13-95; 89-462, eff. 
13
5-29-96; 89-498,
eff. 6-27-96.)".