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90_HB3724
SEE INDEX
Amends the Criminal Code of 1961. Creates the offense of
aggravated domestic battery, defined as a battery causing
great bodily harm or permanent disability or disfigurement to
a family or household member or a battery committed while
using a deadly weapon other than by the discharge of a
firearm against a family or household member. Penalty is a
Class 2 felony. Amends the Child Care Act of 1969.
Prohibits a person who has been convicted of aggravated
domestic battery from receiving a license to operate a foster
family home or residing in a foster family home. Amends the
Firearm Owners Identification Card Act to prohibit a person
from obtaining and to authorize the revocation of a Firearm
Owner's Identification Card of a person who has been
convicted of aggravated domestic battery. Amends the Code of
Criminal Procedure of 1963 to provide that as a condition of
bail bond for aggravated domestic battery, the defendant must
surrender all firearms in his or her possession to a law
enforcement officer. Provides that in prosecution for
aggravated domestic battery, the child hearing exception
statute applies to child victims under 13. Amends the Rights
of Crime Victims and Witnesses Act. Includes aggravated
domestic battery in definition of violent crime. Amends the
Unifies Code of Corrections. Provides that a person
convicted of aggravated domestic battery shall be required to
pay restitution to a domestic violence shelter in which the
victim or any other family or household member lived.
Provides that the additional domestic violence fine applies
to a person convicted of aggravated domestic battery. Amends
the Health Care Worker Background Check Act to prohibit a
person convicted of aggravated domestic battery from being
hired by a health care employer. Amends the Crime Victims
Compensation Act to include aggravated domestic battery in
the definition of crime of violence. Effective immediately.
LRB9009912RCpk
LRB9009912RCpk
1 AN ACT creating the offense of aggravated domestic
2 battery, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Child Care Act of 1969 is amended by
6 changing Section 4.2 as follows:
7 (225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
8 Sec. 4.2. (a) No applicant may receive a license from
9 the Department and no person may be employed by a licensed
10 child care facility who refuses to authorize an investigation
11 as required by Section 4.1.
12 (b) No applicant may receive a license from the
13 Department and no person may be employed by a child care
14 facility licensed by the Department who has been declared a
15 sexually dangerous person under "An Act in relation to
16 sexually dangerous persons, and providing for their
17 commitment, detention and supervision", approved July 6,
18 1938, as amended, or convicted of committing or attempting to
19 commit any of the following offenses stipulated under the
20 Criminal Code of 1961:
21 (1) murder;
22 (1.1) solicitation of murder;
23 (1.2) solicitation of murder for hire;
24 (1.3) intentional homicide of an unborn child;
25 (1.4) voluntary manslaughter of an unborn child;
26 (1.5) involuntary manslaughter;
27 (1.6) reckless homicide;
28 (1.7) concealment of a homicidal death;
29 (1.8) involuntary manslaughter of an unborn child;
30 (1.9) reckless homicide of an unborn child;
31 (1.10) drug induced homicide;
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1 (2) a sex offense under Article 11, except offenses
2 described in Sections 11-7, 11-8, 11-12, and 11-13;
3 (3) kidnapping;
4 (3.1) aggravated unlawful restraint;
5 (3.2) forcible detention;
6 (3.3) harboring a runaway;
7 (3.4) aiding and abetting child abduction;
8 (4) aggravated kidnapping;
9 (5) child abduction;
10 (6) aggravated battery of a child;
11 (7) criminal sexual assault;
12 (8) aggravated criminal sexual assault;
13 (8.1) predatory criminal sexual assault of a child;
14 (9) criminal sexual abuse;
15 (10) aggravated sexual abuse;
16 (11) heinous battery;
17 (12) aggravated battery with a firearm;
18 (13) tampering with food, drugs, or cosmetics;
19 (14) drug induced infliction of great bodily harm;
20 (15) hate crime;
21 (16) stalking;
22 (17) aggravated stalking;
23 (18) threatening public officials;
24 (19) home invasion;
25 (20) vehicular invasion;
26 (21) criminal transmission of HIV;
27 (22) criminal neglect of an elderly or disabled
28 person;
29 (23) child abandonment;
30 (24) endangering the life or health of a child;
31 (25) ritual mutilation;
32 (26) ritualized abuse of a child;
33 (27) an offense in any other state the elements of
34 which are similar and bear a substantial relationship to
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1 any of the foregoing offenses.
2 (c) In addition to the provisions set forth in
3 subsection (b), no applicant may receive a license from the
4 Department to operate a foster family home, and no adult
5 person may reside in a foster family home licensed by the
6 Department, who has been convicted of committing or
7 attempting to commit any of the following offenses stipulated
8 under the Criminal Code of 1961, the Cannabis Control Act,
9 and the Illinois Controlled Substances Act:
10 (I) OFFENSES DIRECTED AGAINST THE PERSON
11 (A) KIDNAPPING AND RELATED OFFENSES
12 (1) Unlawful restraint.
13 (B) BODILY HARM
14 (2) Felony aggravated assault.
15 (3) Vehicular endangerment.
16 (4) Felony domestic battery.
17 (4.1) Aggravated domestic battery.
18 (5) Aggravated battery.
19 (6) Heinous battery.
20 (7) Aggravated battery with a firearm.
21 (8) Aggravated battery of an unborn child.
22 (9) Aggravated battery of a senior citizen.
23 (10) Intimidation.
24 (11) Compelling organization membership of persons.
25 (12) Abuse and gross neglect of a long term care
26 facility resident.
27 (13) Felony violation of an order of protection.
28 (II) OFFENSES DIRECTED AGAINST PROPERTY
29 (14) Felony theft.
30 (15) Robbery.
31 (16) Armed robbery.
32 (17) Aggravated robbery.
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1 (18) Vehicular hijacking.
2 (19) Aggravated vehicular hijacking.
3 (20) Burglary.
4 (21) Possession of burglary tools.
5 (22) Residential burglary.
6 (23) Criminal fortification of a residence or
7 building.
8 (24) Arson.
9 (25) Aggravated arson.
10 (26) Possession of explosive or explosive
11 incendiary devices.
12 (III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
13 (27) Felony unlawful use of weapons.
14 (28) Aggravated discharge of a firearm.
15 (29) Reckless discharge of a firearm.
16 (30) Unlawful use of metal piercing bullets.
17 (31) Unlawful sale or delivery of firearms on the
18 premises of any school.
19 (32) Disarming a police officer.
20 (33) Obstructing justice.
21 (34) Concealing or aiding a fugitive.
22 (35) Armed violence.
23 (36) Felony contributing to the criminal
24 delinquency of a juvenile.
25 (IV) DRUG OFFENSES
26 (37) Possession of more than 30 grams of cannabis.
27 (38) Manufacture of more than 10 grams of cannabis.
28 (39) Cannabis trafficking.
29 (40) Delivery of cannabis on school grounds.
30 (41) Unauthorized production of more than 5
31 cannabis sativa plants.
32 (42) Calculated criminal cannabis conspiracy.
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1 (43) Unauthorized manufacture or delivery of
2 controlled substances.
3 (44) Controlled substance trafficking.
4 (45) Manufacture, distribution, or advertisement of
5 look-alike substances.
6 (46) Calculated criminal drug conspiracy.
7 (46.5) Streetgang criminal drug conspiracy.
8 (47) Permitting unlawful use of a building.
9 (48) Delivery of controlled, counterfeit, or
10 look-alike substances to persons under age 18, or at
11 truck stops, rest stops, or safety rest areas, or on
12 school property.
13 (49) Using, engaging, or employing persons under 18
14 to deliver controlled, counterfeit, or look-alike
15 substances.
16 (50) Delivery of controlled substances.
17 (51) Sale or delivery of drug paraphernalia.
18 (52) Felony possession, sale, or exchange of
19 instruments adapted for use of a controlled substance or
20 cannabis by subcutaneous injection.
21 (d) Notwithstanding subsection (c), the Department may
22 issue a new foster family home license or may renew an
23 existing foster family home license of an applicant who was
24 convicted of an offense described in subsection (c), provided
25 all of the following requirements are met:
26 (1) The relevant criminal offense or offenses
27 occurred more than 10 years prior to the date of
28 application or renewal.
29 (2) The applicant had previously disclosed the
30 conviction or convictions to the Department for purposes
31 of a background check.
32 (3) After the disclosure, the Department either
33 placed a child in the home or the foster family home
34 license was issued.
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1 (4) During the background check, the Department had
2 assessed and waived the conviction in compliance with the
3 existing statutes and rules in effect at the time of the
4 waiver.
5 (5) The applicant meets all other requirements and
6 qualifications to be licensed as a foster family home
7 under this Act and the Department's administrative rules.
8 (6) The applicant has a history of providing a
9 safe, stable home environment and appears able to
10 continue to provide a safe, stable home environment.
11 (Source: P.A. 89-21, eff. 7-1-95; 89-263, eff. 8-10-95;
12 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-498, eff.
13 6-27-96; 90-27, eff. 1-1-98; 90-28, eff. 1-1-98.)
14 Section 10. The Firearm Owners Identification Card Act
15 is amended by changing Sections 4 and 8 as follows:
16 (430 ILCS 65/4) (from Ch. 38, par. 83-4)
17 Sec. 4. (a) Each applicant for a Firearm Owner's
18 Identification Card shall:
19 (1) Make application on blank forms prepared and
20 furnished at convenient locations throughout the State by
21 the Department of State Police; and
22 (2) Submit evidence under penalty of perjury to the
23 Department of State Police that:
24 (i) He is 21 years of age or over, or if he is
25 under 21 years of age that he has the written
26 consent of his parent or legal guardian to possess
27 and acquire firearms and firearm ammunition and that
28 he has never been convicted of a misdemeanor other
29 than a traffic offense or adjudged delinquent,
30 provided, however, that such parent or legal
31 guardian is not an individual prohibited from having
32 a Firearm Owner's Identification Card and files an
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1 affidavit with the Department as prescribed by the
2 Department stating that he is not an individual
3 prohibited from having a Card;
4 (ii) He has not been convicted of a felony
5 under the laws of this or any other jurisdiction;
6 (iii) He is not addicted to narcotics;
7 (iv) He has not been a patient in a mental
8 institution within the past 5 years;
9 (v) He is not mentally retarded;
10 (vi) He is not an alien who is unlawfully
11 present in the United States under the laws of the
12 United States;
13 (vii) He or she is not subject to an existing
14 order of protection prohibiting him or her from
15 possessing a firearm;
16 (viii) He or she has not been convicted within
17 the past 5 years of battery, assault, aggravated
18 assault, violation of an order of protection, or a
19 substantially similar offense in another
20 jurisdiction, in which a firearm was used or
21 possessed;
22 (ix) He or she has not been convicted of
23 aggravated domestic battery, domestic battery or a
24 substantially similar offense in another
25 jurisdiction committed on or after the effective
26 date of this amendatory Act of 1997; and
27 (x) He or she has not been convicted within
28 the past 5 years of aggravated domestic battery,
29 domestic battery or a substantially similar offense
30 in another jurisdiction committed before the
31 effective date of this amendatory Act of 1997.
32 (b) Each application form shall include the following
33 statement printed in bold type: "Warning: False statements
34 of the applicant shall result in prosecution for perjury in
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1 accordance with Section 32-2 of the Criminal Code of 1961.".
2 (c) Upon such written consent, pursuant to Section 4,
3 paragraph (a) (2) (i), the parent or legal guardian giving
4 the consent shall be liable for any damages resulting from
5 the applicant's use of firearms or firearm ammunition.
6 (Source: P.A. 89-367, eff. 1-1-96; 90-493, eff. 1-1-98.)
7 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
8 Sec. 8. The Department of State Police has authority to
9 deny an application for or to revoke and seize a Firearm
10 Owner's Identification Card previously issued under this Act
11 only if the Department finds that the applicant or the person
12 to whom such card was issued is or was at the time of
13 issuance:
14 (a) A person under 21 years of age who has been
15 convicted of a misdemeanor other than a traffic offense or
16 adjudged delinquent;
17 (b) A person under 21 years of age who does not have the
18 written consent of his parent or guardian to acquire and
19 possess firearms and firearm ammunition, or whose parent or
20 guardian has revoked such written consent, or where such
21 parent or guardian does not qualify to have a Firearm Owner's
22 Identification Card;
23 (c) A person convicted of a felony under the laws of
24 this or any other jurisdiction;
25 (d) A person addicted to narcotics;
26 (e) A person who has been a patient of a mental
27 institution within the past 5 years;
28 (f) A person whose mental condition is of such a nature
29 that it poses a clear and present danger to the applicant,
30 any other person or persons or the community;
31 For the purposes of this Section, "mental condition"
32 means a state of mind manifested by violent, suicidal,
33 threatening or assaultive behavior.
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1 (g) A person who is mentally retarded;
2 (h) A person who intentionally makes a false statement
3 in the Firearm Owner's Identification Card application;
4 (i) An alien who is unlawfully present in the United
5 States under the laws of the United States;
6 (j) A person who is subject to an existing order of
7 protection prohibiting him or her from possessing a firearm;
8 (k) A person who has been convicted within the past 5
9 years of battery, assault, aggravated assault, violation of
10 an order of protection, or a substantially similar offense in
11 another jurisdiction, in which a firearm was used or
12 possessed; or
13 (l) A person who has been convicted of domestic battery,
14 aggravated domestic battery, or a substantially similar
15 offense in another jurisdiction committed on or after January
16 1, 1998; the effective date of this amendatory Act of 1997;
17 or
18 (m) A person who has been convicted within the past 5
19 years of aggravated domestic battery, domestic battery or a
20 substantially similar offense in another jurisdiction
21 committed before January 1, 1998; or the effective date of
22 this amendatory Act of 1997.
23 (n) (l) A person who is prohibited from acquiring or
24 possessing firearms or firearm ammunition by any Illinois
25 State statute or by federal law.
26 (Source: P.A. 89-367, eff. 1-1-96; 90-130, eff. 1-1-98;
27 90-493, eff. 1-1-98; revised 11-17-97.)
28 Section 15. The Criminal Code of 1961 is amended by
29 adding Section 12-3.3 as follows:
30 (720 ILCS 5/12-3.3 new)
31 Sec. 12-3.3. Aggravated domestic battery.
32 (a) A person commits aggravated domestic battery if he
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1 or she, in committing a battery:
2 (1) Causes great bodily harm or permanent
3 disability or disfigurement to any family or household
4 member as defined in subsection (3) of Section 112A-3 of
5 the Code of Criminal Procedure of 1963; or
6 (2) Uses a deadly weapon other than by the
7 discharge of a firearm against any family or household
8 member as defined in subsection (3) of Section 112A-3 of
9 the Code of Criminal Procedure of 1963.
10 (b) Sentence. Aggravated domestic battery is a Class 2
11 felony.
12 Section 20. The Code of Criminal Procedure of 1963 is
13 amended by changing Sections 110-6.3, 110-10, and 115-10 as
14 follows:
15 (725 ILCS 5/110-6.3) (from Ch. 38, par. 110-6.3)
16 Sec. 110-6.3. Denial of bail in stalking and aggravated
17 stalking offenses.
18 (a) Upon verified petition by the State, the court shall
19 hold a hearing to determine whether bail should be denied to
20 a defendant who is charged with stalking or aggravated
21 stalking, when it is alleged that the defendant's admission
22 to bail poses a real and present threat to the physical
23 safety of the alleged victim of the offense, and denial of
24 release on bail or personal recognizance is necessary to
25 prevent fulfillment of the threat upon which the charge is
26 based.
27 (1) A petition may be filed without prior notice to
28 the defendant at the first appearance before a judge, or
29 within 21 calendar days, except as provided in Section
30 110-6, after arrest and release of the defendant upon
31 reasonable notice to defendant; provided that while the
32 petition is pending before the court, the defendant if
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1 previously released shall not be detained.
2 (2) The hearing shall be held immediately upon the
3 defendant's appearance before the court, unless for good
4 cause shown the defendant or the State seeks a
5 continuance. A continuance on motion of the defendant
6 may not exceed 5 calendar days, and the defendant may be
7 held in custody during the continuance. A continuance on
8 the motion of the State may not exceed 3 calendar days;
9 however, the defendant may be held in custody during the
10 continuance under this provision if the defendant has
11 been previously found to have violated an order of
12 protection or has been previously convicted of, or
13 granted court supervision for, any of the offenses set
14 forth in Sections 12-2, 12-3.2, 12-3.3, 12-4, 12-4.1,
15 12-7.3, 12-7.4, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of
16 the Criminal Code of 1961, against the same person as the
17 alleged victim of the stalking or aggravated stalking
18 offense.
19 (b) The court may deny bail to the defendant when, after
20 the hearing, it is determined that:
21 (1) the proof is evident or the presumption great
22 that the defendant has committed the offense of stalking
23 or aggravated stalking; and
24 (2) the defendant poses a real and present threat
25 to the physical safety of the alleged victim of the
26 offense; and
27 (3) the denial of release on bail or personal
28 recognizance is necessary to prevent fulfillment of the
29 threat upon which the charge is based; and
30 (4) the court finds that no condition or
31 combination of conditions set forth in subsection (b) of
32 Section 110-10 of this Code, including mental health
33 treatment at a community mental health center, hospital,
34 or facility of the Department of Human Services, can
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1 reasonably assure the physical safety of the alleged
2 victim of the offense.
3 (c) Conduct of the hearings.
4 (1) The hearing on the defendant's culpability and
5 threat to the alleged victim of the offense shall be
6 conducted in accordance with the following provisions:
7 (A) Information used by the court in its
8 findings or stated in or offered at the hearing may
9 be by way of proffer based upon reliable information
10 offered by the State or by defendant. Defendant has
11 the right to be represented by counsel, and if he is
12 indigent, to have counsel appointed for him.
13 Defendant shall have the opportunity to testify, to
14 present witnesses in his own behalf, and to
15 cross-examine witnesses if any are called by the
16 State. The defendant has the right to present
17 witnesses in his favor. When the ends of justice so
18 require, the court may exercise its discretion and
19 compel the appearance of a complaining witness. The
20 court shall state on the record reasons for granting
21 a defense request to compel the presence of a
22 complaining witness. Cross-examination of a
23 complaining witness at the pretrial detention
24 hearing for the purpose of impeaching the witness'
25 credibility is insufficient reason to compel the
26 presence of the witness. In deciding whether to
27 compel the appearance of a complaining witness, the
28 court shall be considerate of the emotional and
29 physical well-being of the witness. The pretrial
30 detention hearing is not to be used for the purposes
31 of discovery, and the post arraignment rules of
32 discovery do not apply. The State shall tender to
33 the defendant, prior to the hearing, copies of
34 defendant's criminal history, if any, if available,
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1 and any written or recorded statements and the
2 substance of any oral statements made by any person,
3 if relied upon by the State. The rules concerning
4 the admissibility of evidence in criminal trials do
5 not apply to the presentation and consideration of
6 information at the hearing. At the trial concerning
7 the offense for which the hearing was conducted
8 neither the finding of the court nor any transcript
9 or other record of the hearing shall be admissible
10 in the State's case in chief, but shall be
11 admissible for impeachment, or as provided in
12 Section 115-10.1 of this Code, or in a perjury
13 proceeding.
14 (B) A motion by the defendant to suppress
15 evidence or to suppress a confession shall not be
16 entertained. Evidence that proof may have been
17 obtained as the result of an unlawful search and
18 seizure or through improper interrogation is not
19 relevant to this state of the prosecution.
20 (2) The facts relied upon by the court to support a
21 finding that:
22 (A) the defendant poses a real and present
23 threat to the physical safety of the alleged victim
24 of the offense; and
25 (B) the denial of release on bail or personal
26 recognizance is necessary to prevent fulfillment of
27 the threat upon which the charge is based;
28 shall be supported by clear and convincing evidence
29 presented by the State.
30 (d) Factors to be considered in making a determination
31 of the threat to the alleged victim of the offense. The court
32 may, in determining whether the defendant poses, at the time
33 of the hearing, a real and present threat to the physical
34 safety of the alleged victim of the offense, consider but
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1 shall not be limited to evidence or testimony concerning:
2 (1) The nature and circumstances of the offense
3 charged;
4 (2) The history and characteristics of the
5 defendant including:
6 (A) Any evidence of the defendant's prior
7 criminal history indicative of violent, abusive or
8 assaultive behavior, or lack of that behavior. The
9 evidence may include testimony or documents received
10 in juvenile proceedings, criminal, quasi-criminal,
11 civil commitment, domestic relations or other
12 proceedings;
13 (B) Any evidence of the defendant's
14 psychological, psychiatric or other similar social
15 history that tends to indicate a violent, abusive,
16 or assaultive nature, or lack of any such history.
17 (3) The nature of the threat which is the basis of
18 the charge against the defendant;
19 (4) Any statements made by, or attributed to the
20 defendant, together with the circumstances surrounding
21 them;
22 (5) The age and physical condition of any person
23 assaulted by the defendant;
24 (6) Whether the defendant is known to possess or
25 have access to any weapon or weapons;
26 (7) Whether, at the time of the current offense or
27 any other offense or arrest, the defendant was on
28 probation, parole, mandatory supervised release or other
29 release from custody pending trial, sentencing, appeal or
30 completion of sentence for an offense under federal or
31 state law;
32 (8) Any other factors, including those listed in
33 Section 110-5 of this Code, deemed by the court to have a
34 reasonable bearing upon the defendant's propensity or
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1 reputation for violent, abusive or assaultive behavior,
2 or lack of that behavior.
3 (e) The court shall, in any order denying bail to a
4 person charged with stalking or aggravated stalking:
5 (1) briefly summarize the evidence of the
6 defendant's culpability and its reasons for concluding
7 that the defendant should be held without bail;
8 (2) direct that the defendant be committed to the
9 custody of the sheriff for confinement in the county jail
10 pending trial;
11 (3) direct that the defendant be given a reasonable
12 opportunity for private consultation with counsel, and
13 for communication with others of his choice by
14 visitation, mail and telephone; and
15 (4) direct that the sheriff deliver the defendant
16 as required for appearances in connection with court
17 proceedings.
18 (f) If the court enters an order for the detention of
19 the defendant under subsection (e) of this Section, the
20 defendant shall be brought to trial on the offense for which
21 he is detained within 90 days after the date on which the
22 order for detention was entered. If the defendant is not
23 brought to trial within the 90 day period required by this
24 subsection (f), he shall not be held longer without bail. In
25 computing the 90 day period, the court shall omit any period
26 of delay resulting from a continuance granted at the request
27 of the defendant. The court shall immediately notify the
28 alleged victim of the offense that the defendant has been
29 admitted to bail under this subsection.
30 (g) Any person shall be entitled to appeal any order
31 entered under this Section denying bail to the defendant.
32 (h) The State may appeal any order entered under this
33 Section denying any motion for denial of bail.
34 (i) Nothing in this Section shall be construed as
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1 modifying or limiting in any way the defendant's presumption
2 of innocence in further criminal proceedings.
3 (Source: P.A. 89-462, eff. 5-29-96; 89-507, eff. 7-1-97;
4 90-14, eff. 7-1-97.)
5 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
6 Sec. 110-10. Conditions of bail bond.
7 (a) If a person is released prior to conviction, either
8 upon payment of bail security or on his or her own
9 recognizance, the conditions of the bail bond shall be that
10 he or she will:
11 (1) Appear to answer the charge in the court having
12 jurisdiction on a day certain and thereafter as ordered
13 by the court until discharged or final order of the
14 court;
15 (2) Submit himself or herself to the orders and
16 process of the court;
17 (3) Not depart this State without leave of the
18 court;
19 (4) Not violate any criminal statute of any
20 jurisdiction; and
21 (5) At a time and place designated by the court,
22 surrender all firearms in his or her possession to a law
23 enforcement officer designated by the court to take
24 custody of and impound the firearms when the offense the
25 person has been charged with is a forcible felony,
26 stalking, aggravated stalking, aggravated domestic
27 battery, domestic battery, any violation of either the
28 Illinois Controlled Substances Act or the Cannabis
29 Control Act that is classified as a Class 2 or greater
30 felony, or any felony violation of Article 24 of the
31 Criminal Code of 1961. The court may, however, forego the
32 imposition of this condition when the circumstances of
33 the case clearly do not warrant it or when its imposition
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1 would be impractical. All legally possessed firearms
2 shall be returned to the person upon that person
3 completing a sentence for a conviction on a misdemeanor
4 domestic battery, upon the charges being dismissed, or if
5 the person is found not guilty, unless the finding of not
6 guilty is by reason of insanity.
7 (b) The court may impose other conditions, such as the
8 following, if the court finds that such conditions are
9 reasonably necessary to assure the defendant's appearance in
10 court, protect the public from the defendant, or prevent the
11 defendant's unlawful interference with the orderly
12 administration of justice:
13 (1) Report to or appear in person before such
14 person or agency as the court may direct;
15 (2) Refrain from possessing a firearm or other
16 dangerous weapon;
17 (3) Refrain from approaching or communicating with
18 particular persons or classes of persons;
19 (4) Refrain from going to certain described
20 geographical areas or premises;
21 (5) Refrain from engaging in certain activities or
22 indulging in intoxicating liquors or in certain drugs;
23 (6) Undergo treatment for drug addiction or
24 alcoholism;
25 (7) Undergo medical or psychiatric treatment;
26 (8) Work or pursue a course of study or vocational
27 training;
28 (9) Attend or reside in a facility designated by
29 the court;
30 (10) Support his or her dependents;
31 (11) If a minor resides with his or her parents or
32 in a foster home, attend school, attend a non-residential
33 program for youths, and contribute to his or her own
34 support at home or in a foster home;
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1 (12) Observe any curfew ordered by the court;
2 (13) Remain in the custody of such designated
3 person or organization agreeing to supervise his release.
4 Such third party custodian shall be responsible for
5 notifying the court if the defendant fails to observe the
6 conditions of release which the custodian has agreed to
7 monitor, and shall be subject to contempt of court for
8 failure so to notify the court;
9 (14) Be placed under direct supervision of the
10 Pretrial Services Agency, Probation Department or Court
11 Services Department in a pretrial bond home supervision
12 capacity with or without the use of an approved
13 electronic monitoring device subject to Article 8A of
14 Chapter V of the Unified Code of Corrections; or
15 (14.1) The court shall impose upon a defendant who
16 is charged with any alcohol, cannabis or controlled
17 substance violation and is placed under direct
18 supervision of the Pretrial Services Agency, Probation
19 Department or Court Services Department in a pretrial
20 bond home supervision capacity with the use of an
21 approved monitoring device, as a condition of such bail
22 bond, a fee not to exceed $5 for each day of such bail
23 supervision ordered by the court, unless after
24 determining the inability of the defendant to pay the
25 fee, the court assesses a lesser fee or no fee as the
26 case may be. The fee shall be collected by the clerk of
27 the circuit court. The clerk of the circuit court shall
28 pay all monies collected from this fee to the county
29 treasurer for deposit in the substance abuse services
30 fund under Section 5-1086.1 of the Counties Code;
31 (14.2) The court shall impose upon all defendants,
32 including those defendants subject to paragraph (14.1)
33 above, placed under direct supervision of the Pretrial
34 Services Agency, Probation Department or Court Services
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1 Department in a pretrial bond home supervision capacity
2 with the use of an approved monitoring device, as a
3 condition of such bail bond, a fee which shall represent
4 costs incidental to such electronic monitoring for each
5 day of such bail supervision ordered by the court, unless
6 after determining the inability of the defendant to pay
7 the fee, the court assesses a lesser fee or no fee as the
8 case may be. The fee shall be collected by the clerk of
9 the circuit court. The clerk of the circuit court shall
10 pay all monies collected from this fee to the county
11 treasurer who shall use the monies collected to defray
12 the costs of corrections. The county treasurer shall
13 deposit the fee collected in the county working cash fund
14 under Section 6-27001 or Section 6-29002 of the Counties
15 Code, as the case may be;
16 (15) Comply with the terms and conditions of an
17 order of protection issued by the court under the
18 Illinois Domestic Violence Act of 1986;
19 (16) Under Section 110-6.5 comply with the
20 conditions of the drug testing program; and
21 (17) Such other reasonable conditions as the court
22 may impose.
23 (c) When a person is charged with an offense under
24 Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
25 "Criminal Code of 1961", involving a victim who is a minor
26 under 18 years of age living in the same household with the
27 defendant at the time of the offense, in granting bail or
28 releasing the defendant on his own recognizance, the judge
29 shall impose conditions to restrict the defendant's access to
30 the victim which may include, but are not limited to
31 conditions that he will:
32 1. Vacate the Household.
33 2. Make payment of temporary support to his
34 dependents.
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1 3. Refrain from contact or communication with the
2 child victim, except as ordered by the court.
3 (d) When a person is charged with a criminal offense and
4 the victim is a family or household member as defined in
5 Article 112A, conditions shall be imposed at the time of the
6 defendant's release on bond that restrict the defendant's
7 access to the victim. Unless provided otherwise by the court,
8 the restrictions shall include requirements that the
9 defendant do the following:
10 (1) refrain from contact or communication with the
11 victim for a minimum period of 72 hours following the
12 defendant's release; and
13 (2) refrain from entering or remaining at the
14 victim's residence for a minimum period of 72 hours
15 following the defendant's release.
16 (e) Local law enforcement agencies shall develop
17 standardized bond forms for use in cases involving family or
18 household members as defined in Article 112A, including
19 specific conditions of bond as provided in subsection (d).
20 Failure of any law enforcement department to develop or use
21 those forms shall in no way limit the applicability and
22 enforcement of subsections (d) and (f).
23 (f) If the defendant is admitted to bail after
24 conviction the conditions of the bail bond shall be that he
25 will, in addition to the conditions set forth in subsections
26 (a) and (b) hereof:
27 (1) Duly prosecute his appeal;
28 (2) Appear at such time and place as the court may
29 direct;
30 (3) Not depart this State without leave of the
31 court;
32 (4) Comply with such other reasonable conditions as
33 the court may impose; and,
34 (5) If the judgment is affirmed or the cause
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1 reversed and remanded for a new trial, forthwith
2 surrender to the officer from whose custody he was
3 bailed.
4 (Source: P.A. 89-235, eff. 8-4-95; 89-428, eff. 12-13-95;
5 89-462, eff. 5-29-96; 90-399, eff. 1-1-98.)
6 (725 ILCS 5/115-10) (from Ch. 38, par. 115-10)
7 Sec. 115-10. Certain hearsay exceptions.
8 (a) In a prosecution for a physical or sexual act
9 perpetrated upon or against a child under the age of 13, or a
10 person who was an institutionalized severely or profoundly
11 mentally retarded person as defined in Section 2-10.1 of the
12 Criminal Code of 1961 at the time the act was committed,
13 including but not limited to prosecutions for violations of
14 Sections 12-13 through 12-16 of the Criminal Code of 1961 and
15 prosecutions for violations of Sections 10-1, 10-2, 10-3,
16 10-3.1, 10-4, 10-5, 10-6, 10-7, 11-6, 11-9, 11-11, 11-15.1,
17 11-17.1, 11-18.1, 11-19.1, 11-19.2, 11-20.1, 11-21, 12-1,
18 12-2, 12-3, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.3,
19 12-4.7, 12-5, 12-6, 12-6.1, 12-7.1, 12-7.3, 12-7.4, 12-10,
20 12-11, 12-21.5, 12-21.6 and 12-32 of the Criminal Code of
21 1961, the following evidence shall be admitted as an
22 exception to the hearsay rule:
23 (1) testimony by such child or institutionalized
24 severely or profoundly mentally retarded person, of an
25 out of court statement made by such child or
26 institutionalized severely or profoundly mentally
27 retarded person, that he or she complained of such act to
28 another; and
29 (2) testimony of an out of court statement made by
30 such child or institutionalized severely or profoundly
31 mentally retarded person, describing any complaint of
32 such act or matter or detail pertaining to any act which
33 is an element of an offense which is the subject of a
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1 prosecution for a sexual or physical act perpetrated upon
2 or against a child or institutionalized severely or
3 profoundly mentally retarded person.
4 (b) Such testimony shall only be admitted if:
5 (1) The court finds in a hearing conducted outside
6 the presence of the jury that the time, content, and
7 circumstances of the statement provide sufficient
8 safeguards of reliability; and
9 (2) The child or institutionalized severely or
10 profoundly mentally retarded person either:
11 (A) testifies at the proceeding; or
12 (B) is unavailable as a witness and there is
13 corroborative evidence of the act which is the
14 subject of the statement.
15 (c) If a statement is admitted pursuant to this Section,
16 the court shall instruct the jury that it is for the jury to
17 determine the weight and credibility to be given the
18 statement and that, in making the determination, it shall
19 consider the age and maturity of the child, or the
20 intellectual capabilities of the institutionalized severely
21 or profoundly mentally retarded person, the nature of the
22 statement, the circumstances under which the statement was
23 made, and any other relevant factor.
24 (d) The proponent of the statement shall give the
25 adverse party reasonable notice of his intention to offer the
26 statement and the particulars of the statement.
27 (Source: P.A. 88-166; 88-479; 88-670, eff. 12-2-94.)
28 Section 25. The Rights of Crime Victims and Witnesses
29 Act is amended by changing Section 3 as follows:
30 (725 ILCS 120/3) (from Ch. 38, par. 1403)
31 Sec. 3. The terms used in this Act, unless the context
32 clearly requires otherwise, shall have the following
-23- LRB9009912RCpk
1 meanings:
2 (a) "Crime victim" means (1) a person physically injured
3 in this State as a result of a violent crime perpetrated or
4 attempted against that person or (2) a person who suffers
5 injury to or loss of property as a result of a violent crime
6 perpetrated or attempted against that person or (3) a single
7 representative who may be the spouse, parent, child or
8 sibling of a person killed as a result of a violent crime
9 perpetrated against the person killed or the spouse, parent,
10 child or sibling of any person granted rights under this Act
11 who is physically or mentally incapable of exercising such
12 rights, except where the spouse, parent, child or sibling is
13 also the defendant or prisoner or (4) any person against whom
14 a violent crime has been committed or (5) any person who has
15 suffered personal injury as a result of a violation of
16 Section 11-501 of the Illinois Vehicle Code, or of a similar
17 provision of a local ordinance, or of Section 9-3 of the
18 Criminal Code of 1961, as amended;
19 (b) "Witness" means any person who personally observed
20 the commission of a violent crime and who will testify on
21 behalf of the State of Illinois in the criminal prosecution
22 of the violent crime;
23 (c) "Violent Crime" means any felony in which force or
24 threat of force was used against the victim, or any offense
25 involving sexual exploitation, sexual conduct or sexual
26 penetration, aggravated domestic battery, domestic battery,
27 violation of an order of protection, stalking, or any
28 misdemeanor which results in death or great bodily harm to
29 the victim or any violation of Section 9-3 of the Criminal
30 Code of 1961, or Section 11-501 of the Illinois Vehicle Code,
31 or a similar provision of a local ordinance, if the violation
32 resulted in personal injury or death, and includes any action
33 committed by a juvenile that would be a violent crime if
34 committed by an adult. For the purposes of this paragraph,
-24- LRB9009912RCpk
1 "personal injury" shall include any Type A injury as
2 indicated on the traffic accident report completed by a law
3 enforcement officer that requires immediate professional
4 attention in either a doctor's office or medical facility. A
5 type A injury shall include severely bleeding wounds,
6 distorted extremities, and injuries that require the injured
7 party to be carried from the scene;
8 (d) "Sentencing Hearing" means any hearing where a
9 sentence is imposed by the court on a convicted defendant and
10 includes hearings conducted pursuant to Sections 5-6-4,
11 5-6-4.1, 5-7-2 and 5-7-7 of the Unified Code of Corrections
12 except those cases in which both parties have agreed to the
13 imposition of a specific sentence.
14 (e) "Court proceedings" includes the preliminary
15 hearing, any hearing the effect of which may be the release
16 of the defendant from custody or to alter the conditions of
17 bond, the trial, sentencing hearing, notice of appeal, any
18 modification of sentence, probation revocation hearings or
19 parole hearings.
20 (Source: P.A. 88-316; 88-489; 88-670, eff. 12-2-94.)
21 Section 30. The Unified Code of Corrections is amended
22 by changing Sections 5-5-6, 5-9-1.5, and 5-9-1.6 as follows:
23 (730 ILCS 5/5-5-6) (from Ch. 38, par. 1005-5-6)
24 Sec. 5-5-6. In all convictions for offenses in violation
25 of the Criminal Code of 1961 in which the person received any
26 injury to their person or damage to their real or personal
27 property as a result of the criminal act of the defendant,
28 the court shall order restitution as provided in this
29 Section. When the offender is sentenced to make restitution
30 the Court shall determine the restitution as hereinafter set
31 forth:
32 (a) At the sentence hearing, the court shall
-25- LRB9009912RCpk
1 determine whether the property may be restored in kind to
2 the possession of the owner or the person entitled to
3 possession thereof; or whether the defendant is possessed
4 of sufficient skill to repair and restore property
5 damaged; or whether the defendant should be required to
6 make restitution in cash, for out-of-pocket expenses,
7 damages, losses, or injuries found to have been
8 proximately caused by the conduct of the defendant or
9 another for whom the defendant is legally accountable
10 under the provisions of Article V of the Criminal Code of
11 1961.
12 (b) In fixing the amount of restitution to be paid
13 in cash, the court shall allow credit for property
14 returned in kind, for property damages ordered to be
15 repaired by the defendant, and for property ordered to be
16 restored by the defendant; and after granting the credit,
17 the court shall assess the actual out-of-pocket expenses,
18 losses, damages, and injuries suffered by the victim
19 named in the charge and any other victims who may also
20 have suffered out-of-pocket expenses, losses, damages,
21 and injuries proximately caused by the same criminal
22 conduct of the defendant, and insurance carriers who have
23 indemnified the named victim or other victims for the
24 out-of-pocket expenses, losses, damages, or injuries,
25 provided that in no event shall restitution be ordered to
26 be paid on account of pain and suffering. If a defendant
27 is placed on supervision for, or convicted of, aggravated
28 domestic battery, domestic battery, the defendant shall
29 be required to pay restitution to any domestic violence
30 shelter in which the victim and any other family or
31 household members lived because of the aggravated
32 domestic battery or domestic battery. The amount of the
33 restitution shall equal the actual expenses of the
34 domestic violence shelter in providing housing and any
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1 other services for the victim and any other family or
2 household members living at the shelter. If a defendant
3 fails to pay restitution in the manner or within the time
4 period specified by the court, the court may enter an
5 order directing the sheriff to seize any real or personal
6 property of a defendant to the extent necessary to
7 satisfy the order of restitution and dispose of the
8 property by public sale. All proceeds from such sale in
9 excess of the amount of restitution plus court costs and
10 the costs of the sheriff in conducting the sale shall be
11 paid to the defendant.
12 (c) In cases where more than one defendant is
13 accountable for the same criminal conduct that results in
14 out-of-pocket expenses, losses, damages, or injuries,
15 each defendant shall be ordered to pay restitution in the
16 amount of the total actual out-of-pocket expenses,
17 losses, damages, or injuries to the victim proximately
18 caused by the conduct of all of the defendants who are
19 legally accountable for the offense.
20 (1) In no event shall the victim be entitled
21 to recover restitution in excess of the actual
22 out-of-pocket expenses, losses, damages, or
23 injuries, proximately caused by the conduct of all
24 of the defendants.
25 (2) As between the defendants, the court may
26 apportion the restitution that is payable in
27 proportion to each co-defendant's culpability in the
28 commission of the offense.
29 (3) In the absence of a specific order
30 apportioning the restitution, each defendant shall
31 bear his pro rata share of the restitution.
32 (4) As between the defendants, each defendant
33 shall be entitled to a pro rata reduction in the
34 total restitution required to be paid to the victim
-27- LRB9009912RCpk
1 for amounts of restitution actually paid by
2 co-defendants, and defendants who shall have paid
3 more than their pro rata share shall be entitled to
4 refunds to be computed by the court as additional
5 amounts are paid by co-defendants.
6 (d) In instances where a defendant has more than
7 one criminal charge pending against him in a single case,
8 or more than one case, and the defendant stands convicted
9 of one or more charges, a plea agreement negotiated by
10 the State's Attorney and the defendants may require the
11 defendant to make restitution to victims of charges that
12 have been dismissed or which it is contemplated will be
13 dismissed under the terms of the plea agreement, and
14 under the agreement, the court may impose a sentence of
15 restitution on the charge or charges of which the
16 defendant has been convicted that would require the
17 defendant to make restitution to victims of other
18 offenses as provided in the plea agreement.
19 (e) The court may require the defendant to apply
20 the balance of the cash bond, after payment of court
21 costs, and any fine that may be imposed to the payment of
22 restitution.
23 (f) Taking into consideration the ability of the
24 defendant to pay, the court shall determine whether
25 restitution shall be paid in a single payment or in
26 installments, and shall fix a period of time not in
27 excess of 5 years, not including periods of
28 incarceration, within which payment of restitution is to
29 be paid in full. However, if the court deems it necessary
30 and in the best interest of the victim, the court may
31 extend beyond 5 years the period of time within which the
32 payment of restitution is to be paid. If the defendant is
33 ordered to pay restitution and the court orders that
34 restitution is to be paid over a period greater than 6
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1 months, the court shall order that the defendant make
2 monthly payments; the court may waive this requirement of
3 monthly payments only if there is a specific finding of
4 good cause for waiver.
5 (g) The court shall, after determining that the
6 defendant has the ability to pay, require the defendant
7 to pay for the victim's counseling services if:
8 (1) the defendant was convicted of an offense
9 under Sections 11-19.2, 11-20.1, 12-13, 12-14,
10 12-14.1, 12-15 or 12-16 of the Criminal Code of
11 1961, or was charged with such an offense and the
12 charge was reduced to another charge as a result of
13 a plea agreement under subsection (d) of this
14 Section, and
15 (2) the victim was under 18 years of age at
16 the time the offense was committed and requires
17 counseling as a result of the offense.
18 The payments shall be made by the defendant to the
19 clerk of the circuit court and transmitted by the clerk
20 to the appropriate person or agency as directed by the
21 court. The order may require such payments to be made
22 for a period not to exceed 5 years after sentencing, not
23 including periods of incarceration.
24 (h) The judge may enter an order of withholding to
25 collect the amount of restitution owed in accordance with
26 Part 8 of Article XII of the Code of Civil Procedure.
27 (i) A sentence of restitution may be modified or
28 revoked by the court if the offender commits another
29 offense, or the offender fails to make restitution as
30 ordered by the court, but no sentence to make restitution
31 shall be revoked unless the court shall find that the
32 offender has had the financial ability to make
33 restitution, and he has wilfully refused to do so. If
34 the court shall find that the defendant has failed to
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1 make restitution and that the failure is not wilful, the
2 court may impose an additional period of time within
3 which to make restitution. The length of the additional
4 period shall not be more than 2 years. The court shall
5 retain all of the incidents of the original sentence,
6 including the authority to modify or enlarge the
7 conditions, and to revoke or further modify the sentence
8 if the conditions of payment are violated during the
9 additional period.
10 (j) The procedure upon the filing of a Petition to
11 Revoke a sentence to make restitution shall be the same
12 as the procedures set forth in Section 5-6-4 of this Code
13 governing violation, modification, or revocation of
14 Probation, of Conditional Discharge, or of Supervision.
15 (k) Nothing contained in this Section shall
16 preclude the right of any party to proceed in a civil
17 action to recover for any damages incurred due to the
18 criminal misconduct of the defendant.
19 (l) Restitution ordered under this Section shall
20 not be subject to disbursement by the circuit clerk under
21 Section 27.5 of the Clerks of Courts Act.
22 (m) A restitution order under this Section is a
23 judgment lien in favor of the victim that:
24 (1) Attaches to the property of the person
25 subject to the order;
26 (2) May be perfected in the same manner as
27 provided in Part 3 of Article 9 of the Uniform
28 Commercial Code;
29 (3) May be enforced to satisfy any payment
30 that is delinquent under the restitution order by
31 the person in whose favor the order is issued or the
32 person's assignee; and
33 (4) Expires in the same manner as a judgment
34 lien created in a civil proceeding.
-30- LRB9009912RCpk
1 When a restitution order is issued under this
2 Section, the issuing court shall send a certified copy of
3 the order to the clerk of the circuit court in the county
4 where the charge was filed. Upon receiving the order,
5 the clerk shall enter and index the order in the circuit
6 court judgment docket.
7 (n) An order of restitution under this Section does
8 not bar a civil action for:
9 (1) Damages that the court did not require the
10 person to pay to the victim under the restitution
11 order but arise from an injury or property damages
12 that is the basis of restitution ordered by the
13 court; and
14 (2) Other damages suffered by the victim.
15 The restitution order is not discharged by the completion
16 of the sentence imposed for the offense.
17 A restitution order under this Section is not discharged
18 by the liquidation of a person's estate by a receiver. A
19 restitution order under this Section may be enforced in the
20 same manner as judgment liens are enforced under Article XII
21 of the Code of Civil Procedure.
22 The provisions of Section 2-1303 of the Code of Civil
23 Procedure, providing for interest on judgments, apply to
24 judgments for restitution entered under this Section.
25 (Source: P.A. 89-198, eff. 7-21-95; 89-203, eff. 7-21-95;
26 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-689, eff.
27 12-31-96; 90-465, eff. 1-1-98.)
28 (730 ILCS 5/5-9-1.5) (from Ch. 38, par. 1005-9-1.5)
29 Sec. 5-9-1.5. Domestic violence fine. In addition to
30 any other penalty imposed, a fine of $100 shall be imposed
31 upon any person who pleads guilty or no contest to or who is
32 convicted of murder, voluntary manslaughter, involuntary
33 manslaughter, burglary, residential burglary, criminal
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1 trespass to residence, criminal trespass to vehicle, criminal
2 trespass to land, criminal damage to property, telephone
3 harassment, kidnapping, aggravated kidnapping, unlawful
4 restraint, forcible detention, child abduction, indecent
5 solicitation of a child, sexual relations between siblings,
6 exploitation of a child, child pornography, assault,
7 aggravated assault, battery, aggravated battery, heinous
8 battery, aggravated battery of a child, aggravated domestic
9 battery, domestic battery, reckless conduct, intimidation,
10 criminal sexual assault, predatory criminal sexual assault of
11 a child, aggravated criminal sexual assault, criminal sexual
12 abuse, aggravated criminal sexual abuse, violation of an
13 order of protection, disorderly conduct, endangering the life
14 or health of a child, child abandonment, contributing to
15 dependency or neglect of child, or cruelty to children and
16 others; provided that the offender and victim are family or
17 household members as defined in Section 103 of the Illinois
18 Domestic Violence Act of 1986. Upon request of the victim or
19 the victim's representative, the court shall determine
20 whether the fine will impose an undue burden on the victim of
21 the offense. For purposes of this paragraph, the defendant
22 may not be considered the victim's representative. If the
23 court finds that the fine would impose an undue burden on the
24 victim, the court may reduce or waive the fine. The court
25 shall order that the defendant may not use funds belonging
26 solely to the victim of the offense for payment of the fine.
27 The circuit clerk shall remit each fine within one month of
28 its receipt to the State Treasurer for deposit as follows:
29 (i) for sexual assault, as defined in Section 5-9-1.7, when
30 the offender and victim are family members, one-half to the
31 Domestic Violence Shelter and Service Fund, and one-half to
32 the Sexual Assault Services Fund; (ii) for the remaining
33 offenses to the Domestic Violence Shelter and Service Fund.
34 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
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1 (730 ILCS 5/5-9-1.6) (from Ch. 38, par. 1005-9-1.6)
2 Sec. 5-9-1.6. Fine for Domestic Battery. There shall be
3 added to every penalty imposed in sentencing for the offense
4 of aggravated domestic battery or domestic battery an
5 additional fine in the amount of $10 to be imposed upon a
6 plea of guilty, stipulation of facts or finding of guilty
7 resulting in a judgment of conviction or order of
8 supervision.
9 Such additional amount shall be assessed by the court
10 imposing sentence and shall be collected by the Circuit Clerk
11 in addition to the fine, if any, and costs in the case. Each
12 such additional penalty shall be remitted by the Circuit
13 Clerk within one month after receipt to the State Treasurer
14 for deposit into the Domestic Violence Shelter and Service
15 Fund. The Circuit Clerk shall retain 10% of such penalty to
16 cover the costs incurred in administering and enforcing this
17 Section. Such additional penalty shall not be considered a
18 part of the fine for purposes of any reduction in the fine
19 for time served either before or after sentencing.
20 Not later than March 1 of each year the Clerk of the
21 Circuit Court shall submit to the State Comptroller a report
22 of the amount of funds remitted by him to the State Treasurer
23 under this Section during the preceding calendar year.
24 Except as otherwise provided by Supreme Court Rules, if a
25 court in sentencing an offender levies a gross amount for
26 fine, costs, fees and penalties, the amount of the additional
27 penalty provided for herein shall be collected from the
28 amount remaining after deducting from the gross amount levied
29 all fees of the Circuit Clerk, the State's Attorney and the
30 Sheriff. After deducting from the gross amount levied the
31 fees and additional penalty provided for herein, less any
32 other additional penalties provided by law, the clerk shall
33 remit the net balance remaining to the entity authorized by
34 law to receive the fine imposed in the case. For purposes of
-33- LRB9009912RCpk
1 this Section "fees of the Circuit Clerk" shall include, if
2 applicable, the fee provided for under Section 27.3a of the
3 Clerks of Courts Act and the fee, if applicable, payable to
4 the county in which the violation occurred under Section
5 5-1101 of the Counties Code.
6 (Source: P.A. 87-480; 87-895.)
7 Section 35. The Health Care Worker Background Check Act
8 is amended by changing Section 25 as follows:
9 (225 ILCS 46/25)
10 Sec. 25. Persons ineligible to be hired by health care
11 employers. After January 1, 1996, or January 1, 1997, as
12 applicable, no health care employer shall knowingly hire,
13 employ, or retain any individual in a position with duties
14 involving direct care for clients, patients, or residents,
15 who has been convicted of committing or attempting to commit
16 one or more of the offenses defined in Sections 8-1.1, 8-1.2,
17 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2, 9-3.3, 10-1, 10-2,
18 10-3, 10-3.1, 10-4, 10-5, 10-7, 11-6, 11-9.1, 11-19.2,
19 11-20.1, 12-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-4,
20 12-4.1, 12-4.2, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7,
21 12-7.4, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-19,
22 12-21, 12-21.6, 12-32, 12-33, 16-1, 16-1.3, 16A-3, 17-3,
23 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 20-1, 20-1.1,
24 24-1, 24-1.2, 24-1.5, or 33A-2 of the Criminal Code of 1961;
25 those provided in Section 4 of the Wrongs to Children Act;
26 those provided in Section 53 of the Criminal Jurisprudence
27 Act; those defined in Section 5, 5.1, 5.2, 7, or 9 of the
28 Cannabis Control Act; or those defined in Sections 401,
29 401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois
30 Controlled Substances Act, unless the applicant or employee
31 obtains a waiver pursuant to Section 40.
32 (Source: P.A. 89-197, eff. 7-21-95; 89-428, eff. 12-13-95;
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1 89-462, eff. 5-29-96; P.A. 90-441, eff. 1-1-98.)
2 Section 40. The Crime Victims Compensation Act is
3 amended by changing Section 2 as follows:
4 (740 ILCS 45/2) (from Ch. 70, par. 72)
5 Sec. 2. Definitions. As used in this Act, unless the
6 context otherwise requires:
7 (a) "Applicant" means any person who applies for
8 compensation under this Act or any person the Court of Claims
9 finds is entitled to compensation, including the guardian of
10 a minor or of a person under legal disability. It includes
11 any person who was a dependent of a deceased victim of a
12 crime of violence for his support at the time of the death of
13 that victim.
14 (b) "Court of Claims" means the Court of Claims created
15 by the Court of Claims Act.
16 (c) "Crime of violence" means and includes any offense
17 defined in Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-11,
18 11-19.2, 11-20.1, 12-1, 12-2, 12-3, 12-3.2, 12-3.3, 12-4,
19 12-4.1, 12-4.2, 12-4.3, 12-5, 12-13, 12-14, 12-14.1, 12-15,
20 12-16, 12-30, 20-1 or 20-1.1 of the Criminal Code of 1961,
21 and driving under the influence of intoxicating liquor or
22 narcotic drugs as defined in Section 11-501 of the Illinois
23 Vehicle Code, and if none of the said offenses occurred
24 during a civil riot, insurrection or rebellion. "Crime of
25 violence" does not include any other offense or accident
26 involving a motor vehicle except those vehicle offenses
27 specifically provided for in this paragraph. "Crime of
28 violence" does include all of the offenses specifically
29 provided for in this paragraph that occur within this State
30 but are subject to federal jurisdiction and crimes involving
31 terrorism as defined in 18 U.S.C. 2331.
32 (d) "Victim" means (1) a person killed or injured in
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1 this State as a result of a crime of violence perpetrated or
2 attempted against him, (2) the parent of a child killed or
3 injured in this State as a result of a crime of violence
4 perpetrated or attempted against the child, (3) a person
5 killed or injured in this State while attempting to assist a
6 person against whom a crime of violence is being perpetrated
7 or attempted, if that attempt of assistance would be expected
8 of a reasonable man under the circumstances, (4) a person
9 killed or injured in this State while assisting a law
10 enforcement official apprehend a person who has perpetrated a
11 crime of violence or prevent the perpetration of any such
12 crime if that assistance was in response to the express
13 request of the law enforcement official, (5) a child who
14 personally witnessed a violent crime perpetrated or attempted
15 against a relative, or (6) an Illinois resident who is a
16 victim of a "crime of violence" as defined in this Act
17 except, if the crime occurred outside this State, the
18 resident has the same rights under this Act as if the crime
19 had occurred in this State upon a showing that the state,
20 territory, country, or political subdivision of a country in
21 which the crime occurred does not have a compensation of
22 victims of crimes law for which that Illinois resident is
23 eligible.
24 (e) "Dependent" means a relative of a deceased victim
25 who was wholly or partially dependent upon the victim's
26 income at the time of his death and shall include the child
27 of a victim born after his death.
28 (f) "Relative" means a spouse, parent, grandparent,
29 stepfather, stepmother, child, grandchild, brother,
30 brother-in-law, sister, sister-in-law, half brother, half
31 sister, spouse's parent, nephew, niece, uncle or aunt.
32 (g) "Child" means an unmarried son or daughter who is
33 under 18 years of age and includes a stepchild, an adopted
34 child or an illegitimate child.
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1 (h) "Pecuniary loss" means, in the case of injury,
2 appropriate medical expenses and hospital expenses including
3 expenses of medical examinations, rehabilitation, medically
4 required nursing care expenses, appropriate psychiatric care
5 or psychiatric counseling expenses, expenses for care or
6 counseling by a licensed clinical psychologist or licensed
7 clinical social worker and expenses for treatment by
8 Christian Science practitioners and nursing care appropriate
9 thereto; prosthetic appliances, eyeglasses, and hearing aids
10 necessary or damaged as a result of the crime; the purchase,
11 lease, or rental of equipment necessary to create usability
12 of and accessibility to the victim's real and personal
13 property, or the real and personal property which is used by
14 the victim, necessary as a result of the crime; replacement
15 services loss, to a maximum of $1000 per month; dependents
16 replacement services loss, to a maximum of $1000 per month;
17 loss of tuition paid to attend grammar school or high school
18 when the victim had been enrolled as a full-time student
19 prior to the injury, or college or graduate school when the
20 victim had been enrolled as a full-time day or night student
21 prior to the injury when the victim becomes unable to
22 continue attendance at school as a result of the crime of
23 violence perpetrated against him; loss of earnings, loss of
24 future earnings because of disability resulting from the
25 injury, and, in addition, in the case of death, funeral and
26 burial expenses to a maximum of $3000 and loss of support of
27 the dependents of the victim. Loss of future earnings shall
28 be reduced by any income from substitute work actually
29 performed by the victim or by income he would have earned in
30 available appropriate substitute work he was capable of
31 performing but unreasonably failed to undertake. Loss of
32 earnings, loss of future earnings and loss of support shall
33 be determined on the basis of the victim's average net
34 monthly earnings for the 6 months immediately preceding the
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1 date of the injury or on $1000 per month, whichever is less.
2 If a divorced or legally separated applicant is claiming loss
3 of support for a minor child of the deceased, the amount of
4 support for each child shall be based either on the amount of
5 support the minor child received pursuant to the judgment for
6 the 6 months prior to the date of the deceased victim's
7 injury or death, or, if the subject of pending litigation
8 filed by or on behalf of the divorced or legally separated
9 applicant prior to the injury or death, on the result of that
10 litigation. Real and personal property includes, but is not
11 limited to, vehicles, houses, apartments, town houses, or
12 condominiums. Pecuniary loss does not include pain and
13 suffering or property loss or damage.
14 (i) "Replacement services loss" means expenses
15 reasonably incurred in obtaining ordinary and necessary
16 services in lieu of those the permanently injured person
17 would have performed, not for income, but for the benefit of
18 himself or his family, if he had not been permanently
19 injured.
20 (j) "Dependents replacement services loss" means loss
21 reasonably incurred by dependents after a victim's death in
22 obtaining ordinary and necessary services in lieu of those
23 the victim would have performed, not for income, but for
24 their benefit, if he had not been fatally injured.
25 (Source: P.A. 89-313, eff. 1-1-96; 89-428, eff. 12-13-95;
26 89-462, eff. 5-29-96; 90-136, eff. 1-1-98; 90-492, eff.
27 8-17-97; revised 11-14-97.)
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 225 ILCS 10/4.2 from Ch. 23, par. 2214.2
4 430 ILCS 65/4 from Ch. 38, par. 83-4
5 430 ILCS 65/8 from Ch. 38, par. 83-8
6 720 ILCS 5/12-3.3 new
7 725 ILCS 5/110-6.3 from Ch. 38, par. 110-6.3
8 725 ILCS 5/110-10 from Ch. 38, par. 110-10
9 725 ILCS 5/115-10 from Ch. 38, par. 115-10
10 725 ILCS 120/3 from Ch. 38, par. 1403
11 730 ILCS 5/5-5-6 from Ch. 38, par. 1005-5-6
12 730 ILCS 5/5-9-1.5 from Ch. 38, par. 1005-9-1.5
13 730 ILCS 5/5-9-1.6 from Ch. 38, par. 1005-9-1.6
14 225 ILCS 46/25
15 740 ILCS 45/2 from Ch. 70, par. 72