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91_HB4125
LRB9111730RCpk
1 AN ACT in relation to the expungement and sealing of
2 arrest and court records.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Identification Act is amended by
6 changing Section 5 as follows:
7 (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
8 Sec. 5. Arrest reports; expungement.
9 (a) All policing bodies of this State shall furnish to
10 the Department, daily, in the form and detail the Department
11 requires, fingerprints and descriptions of all persons who
12 are arrested on charges of violating any penal statute of
13 this State for offenses that are classified as felonies and
14 Class A or B misdemeanors and of all minors of the age of 10
15 and over who have been arrested for an offense which would be
16 a felony if committed by an adult, and may forward such
17 fingerprints and descriptions for minors arrested for Class A
18 or B misdemeanors. Moving or nonmoving traffic violations
19 under the Illinois Vehicle Code shall not be reported except
20 for violations of Chapter 4, Section 11-204.1, or Section
21 11-501 of that Code. In addition, conservation offenses, as
22 defined in the Supreme Court Rule 501(c), that are classified
23 as Class B misdemeanors shall not be reported.
24 Whenever an adult or minor prosecuted as an adult, not
25 having previously been convicted of any criminal offense or
26 municipal ordinance violation, charged with a violation of a
27 municipal ordinance or a felony or misdemeanor, is acquitted
28 or released without being convicted, whether the acquittal or
29 release occurred before, on, or after the effective date of
30 this amendatory Act of the 91st General Assembly 1991, the
31 Chief Judge of the circuit wherein the charge was brought,
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1 any judge of that circuit designated by the Chief Judge, or
2 in counties of less than 3,000,000 inhabitants, the judge who
3 terminates the original court disposition must presiding
4 trial judge at the defendant's trial may upon verified
5 petition of the defendant order the record of arrest expunged
6 from the official records of the arresting authority and the
7 Department and order that the records of the clerk of the
8 circuit court be sealed until further order of the court upon
9 good cause shown and the name of the defendant obliterated on
10 the official index required to be kept by the circuit court
11 clerk under Section 16 of the Clerks of Courts Act, but the
12 order shall not affect any index issued by the circuit court
13 clerk before the entry of the order. The Department may
14 charge the petitioner a fee equivalent to the cost of
15 processing any order to expunge or seal the records, and the
16 fee shall be deposited into the State Police Services Fund.
17 The records of those arrests, however, that result in a
18 disposition of supervision for any offense must shall not be
19 expunged from the records of the arresting authority or the
20 Department and nor impounded by the court immediately until 2
21 years after discharge and termination dismissal of
22 supervision. Those records that result from a supervision
23 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
24 11-503 of the Illinois Vehicle Code or a similar provision of
25 a local ordinance, or for a violation of Section 12-3.2,
26 12-15 or 16A-3 of the Criminal Code of 1961, or probation
27 under Section 10 of the Cannabis Control Act, Section 410 of
28 the Illinois Controlled Substances Act, Section 12-4.3(b)(1)
29 and (2) of the Criminal Code of 1961 (as those provisions
30 existed before their deletion by Public Act 89-313), Section
31 10-102 of the Illinois Alcoholism and Other Drug Dependency
32 Act when the judgment of conviction has been vacated, Section
33 40-10 of the Alcoholism and Other Drug Abuse and Dependency
34 Act when the judgment of conviction has been vacated, or
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1 Section 10 of the Steroid Control Act shall not be expunged
2 from the records of the arresting authority nor impounded by
3 the court until 5 years after termination of probation or
4 supervision. Those records that result from a supervision
5 for a violation of Section 11-501 of the Illinois Vehicle
6 Code or a similar provision of a local ordinance, shall not
7 be expunged. All records set out above must may be ordered
8 by the court to be expunged from the records of the arresting
9 authority and immediately impounded by the court and after 5
10 years, but shall not be expunged by the Department and, but
11 shall, on court order be sealed by the Department and may be
12 disseminated by the Department only as required by law or to
13 the arresting authority, the State's Attorney, and the court
14 upon a later arrest for the same or a similar offense or for
15 the purpose of sentencing for any subsequent felony. Upon
16 conviction for any offense, the Department of Corrections
17 shall have access to all sealed records of the Department
18 pertaining to that individual. Any agency or person that
19 willfully refuses to carry out the expungement of the records
20 of arrest or conviction, or willfully releases or willfully
21 allows access to records of arrest or conviction, or uses the
22 information for financial gain or publicity purposes, knowing
23 them to have been expunged, shall be civilly liable and
24 guilty of a Class A misdemeanor.
25 (a-5) Those records maintained by the Department for
26 persons arrested prior to their 17th birthday shall be
27 expunged as provided in Section 5-915 of the Juvenile Court
28 Act of 1987.
29 (b) Whenever a person has been convicted of a crime or
30 of the violation of a municipal ordinance, in the name of a
31 person whose identity he has stolen or otherwise come into
32 possession of, the aggrieved person from whom the identity
33 was stolen or otherwise obtained without authorization, upon
34 learning of the person having been arrested using his
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1 identity, may, upon verified petition to the chief judge of
2 the chief judge of the circuit wherein the arrest was made,
3 must have a court order entered nunc pro tunc by the chief
4 judge to correct the arrest record, conviction record, if
5 any, and all official records of the arresting authority, the
6 Department, other criminal justice agencies, the prosecutor,
7 and the trial court concerning such arrest, if any, by
8 removing his name from all such records in connection with
9 the arrest and conviction, if any, and by inserting in the
10 records the name of the offender, if known or ascertainable,
11 in lieu of the has name. The records of the clerk of the
12 circuit court clerk shall be sealed until further order of
13 the court upon good cause shown and the name of the aggrieved
14 person obliterated on the official index required to be kept
15 by the circuit court clerk under Section 16 of the Clerks of
16 Courts Act, but the order shall not affect any index issued
17 by the circuit court clerk before the entry of the order.
18 Nothing in this Section shall limit the Department of State
19 Police or other criminal justice agencies or prosecutors from
20 listing under an offender's name the false names he or she
21 has used. For purposes of this Section, convictions for
22 moving and nonmoving traffic violations other than
23 convictions for violations of Chapter 4, Section 11-204.1 or
24 Section 11-501 of the Illinois Vehicle Code shall not be a
25 bar to expunging the record of arrest and court records for
26 violation of a misdemeanor or municipal ordinance. Any agency
27 or person that willfully refuses to carry out the expungement
28 of the records of arrest or conviction, or willfully releases
29 or willfully allows access to records of conviction, or uses
30 the information for financial gain or publicity purposes,
31 knowing them to have been expunged, shall be civilly liable
32 and is guilty of a Class A misdemeanor.
33 (c) Whenever a person who has been convicted of an
34 offense is granted a pardon by the Governor which
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1 specifically authorizes expungement, he may, upon verified
2 petition to the chief judge of the circuit where the person
3 had been convicted, any judge of the circuit designated by
4 the Chief Judge, or in counties of less than 3,000,000
5 inhabitants, the judge who terminated the original court
6 disposition must enter an order presiding trial judge at the
7 defendant's trial, may have a court order entered expunging
8 the record of arrest from the official records of the
9 arresting authority and order that the records of the clerk
10 of the circuit court and the Department be sealed until
11 further order of the court upon good cause shown or as
12 otherwise provided in this Section herein, and the name of
13 the defendant obliterated from the official index requested
14 to be kept by the circuit court clerk under Section 16 of the
15 Clerks of Courts Act in connection with the arrest and
16 conviction for the offense for which he had been pardoned but
17 the order shall not affect any index issued by the circuit
18 court clerk before the entry of the order. All records
19 sealed by the Department may be disseminated by the
20 Department only as required by law or to the arresting
21 authority, the State's Attorney, and the court upon a later
22 arrest for the same or similar offense or for the purpose of
23 sentencing for any subsequent felony. Upon conviction for
24 any subsequent offense, the Department of Corrections shall
25 have access to all sealed records of the Department
26 pertaining to that individual. Upon entry of the order of
27 expungement, the clerk of the circuit court shall promptly
28 mail a copy of the order to the person who was pardoned. Any
29 agency or person that willfully refuses to carry out the
30 expungement of the records of arrest or conviction, or
31 willfully releases or willfully allows access to records of
32 arrest or conviction, or uses the information for financial
33 gain or publicity purposes, knowing them to have been
34 expunged, shall be civilly liable and is guilty of a Class A
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1 misdemeanor.
2 (c-5) Whenever a person has been convicted of criminal
3 sexual assault, aggravated criminal sexual assault, predatory
4 criminal sexual assault of a child, criminal sexual abuse, or
5 aggravated criminal sexual abuse, the victim of that offense
6 may request that the State's Attorney of the county in which
7 the conviction occurred file a verified petition with the
8 presiding trial judge at the defendant's trial to have a
9 court order entered to seal the records of the clerk of the
10 circuit court in connection with the proceedings of the trial
11 court concerning that offense. However, the records of the
12 arresting authority and the Department of State Police
13 concerning the offense shall not be sealed. The court, upon
14 good cause shown, shall make the records of the clerk of the
15 circuit court in connection with the proceedings of the trial
16 court concerning the offense available for public inspection.
17 (c-6) Whenever a person who has been convicted of a
18 misdemeanor that is reportable to the Department of State
19 Police under this Section has completed his or her sentence,
20 including a term of probation or conditional discharge and
21 has not within the previous 2 year period been convicted of
22 any felony or misdemeanor, excluding: (i) traffic violations
23 (except for a violation of Section 11-501 of the Illinois
24 Vehicle Code or a similar provision of a local ordinance) and
25 (ii) any time served in jail by the person and included as
26 part of the original sentence, the chief judge of the circuit
27 where the person had been convicted, any judge of the circuit
28 designated by the Chief Judge, or, in counties of less than
29 3,000,000 inhabitants, the judge who terminated the original
30 court disposition must immediately enter a court order
31 expunging the record of arrest from the official records of
32 the arresting authority and order that the records of the
33 clerk of the circuit court and the Department be sealed until
34 further order of the court upon good cause shown or as
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1 otherwise provided in this Section, and the name of the
2 defendant obliterated from the official index requested to be
3 kept by the circuit court clerk under Section 16 of the
4 Clerks of Courts Act in connection with the arrest and
5 conviction for the offense for which he had been convicted
6 but the order shall not affect any index issued by the
7 circuit court clerk before the entry of the order. All
8 records sealed by the Department may be disseminated by the
9 Department only as required by law or to the arresting
10 authority, the State's Attorney, and the court upon a later
11 arrest for the same or similar offense or for the purpose of
12 sentencing for any subsequent felony. Upon conviction for
13 any subsequent offense, the Department of Corrections shall
14 have access to all sealed records of the Department
15 pertaining to that individual. Upon entry of the order of
16 expungement, the clerk of the circuit court shall promptly
17 mail a copy of the order to the person whose records were
18 expunged and sealed. Any agency or person under this
19 subsection (c-6) that willfully refuses to carry out the
20 expungement of the records of arrest or conviction, willfully
21 releases or willfully allows access to records of conviction,
22 or uses the information for financial gain or publicity
23 purposes, knowing them to have been expunged, shall be
24 civilly liable and is guilty of a Class A misdemeanor.
25 (c-7) Whenever a person who has been convicted of a
26 Class 4 felony has completed his or her sentence, including a
27 term of probation, conditional discharge, or mandatory
28 supervised release, and has not within the previous 3 year
29 period been convicted of any felony or misdemeanor reportable
30 to the Department of State Police under this Section, the
31 chief judge of the circuit where the person had been
32 convicted, any judge of the circuit designated by the Chief
33 Judge, or, in counties of less than 3,000,000 inhabitants,
34 the judge who terminated the original court disposition must
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1 immediately have a court order entered expunging the record
2 of arrest from the official records of the arresting
3 authority and order that the records of the clerk of the
4 circuit court and the Department be sealed until further
5 order of the court upon good cause shown or as otherwise
6 provided in this Section, and the name of the defendant
7 obliterated from the official index requested to be kept by
8 the circuit court clerk under Section 16 of the Clerks of
9 Courts Act in connection with the arrest and conviction for
10 the offense for which he had been convicted but the order
11 shall not affect any index issued by the circuit court clerk
12 before the entry of the order. All records sealed by the
13 Department may be disseminated by the Department only as
14 required by law or to the arresting authority, the State's
15 Attorney, and the court upon a later arrest for the same or
16 similar offense or for the purpose of sentencing for any
17 subsequent felony. Upon conviction for any subsequent
18 offense, the Department of Corrections shall have access to
19 all sealed records of the Department pertaining to that
20 individual. Upon entry of the order of expungement, the
21 clerk of the circuit court shall promptly mail a copy of the
22 order to the person whose records were expunged and sealed.
23 Any agency or person under this subsection (c-7) that
24 willfully refuses to carry out the expungement of the records
25 of arrest or conviction, willfully releases or willfully
26 allows access to records of conviction, or uses the
27 information for financial gain or publicity purposes, knowing
28 them to have been expunged, shall be civilly liable and is
29 guilty of a Class A misdemeanor.
30 (d) Notice of the order of expungement and sealing of
31 records under petition for subsections (a), (b), and (c),
32 (c-6), and (c-7) shall be served upon the State's Attorney or
33 prosecutor charged with the duty of prosecuting the offense,
34 the Department of State Police, the arresting agency and the
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1 chief legal officer of the unit of local government affecting
2 the arrest. Unless the State's Attorney or prosecutor, the
3 Department of State Police, the arresting agency or such
4 chief legal officer objects to the petition within 30 days
5 from the date of the notice, the court shall enter an order
6 granting or denying the petition. The clerk of the court
7 shall promptly mail a copy of the order to the person, the
8 arresting agency, the prosecutor, the Department of State
9 Police and such other criminal justice agencies as may be
10 ordered by the judge.
11 (e) Nothing herein shall prevent the Department of State
12 Police from maintaining all records of any person who is
13 admitted to probation upon terms and conditions and who
14 fulfills those terms and conditions pursuant to Section 10 of
15 the Cannabis Control Act, Section 410 of the Illinois
16 Controlled Substances Act, Section 12-4.3 of the Criminal
17 Code of 1961, Section 10-102 of the Illinois Alcoholism and
18 Other Drug Dependency Act, Section 40-10 of the Alcoholism
19 and Other Drug Abuse and Dependency Act, or Section 10 of the
20 Steroid Control Act.
21 (f) No court order issued pursuant to the expungement
22 provisions of this Section shall become final for purposes of
23 appeal until 30 days after notice is received by the
24 Department. Any court order contrary to the provisions of
25 this Section is void.
26 (g) (Blank). Except as otherwise provided in subsection
27 (c-5) of this Section, the court shall not order the sealing
28 or expungement of the arrest records and records of the
29 circuit court clerk of any person granted supervision for or
30 convicted of any sexual offense committed against a minor
31 under 18 years of age. For the purposes of this Section,
32 "sexual offense committed against a minor" includes but is
33 not limited to the offenses of indecent solicitation of a
34 child or criminal sexual abuse when the victim of such
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1 offense is under 18 years of age.
2 (Source: P.A. 90-590, eff. 1-1-00; 91-295, eff. 1-1-00;
3 91-357, eff. 7-29-99.)
4 Section 10. The Unified Code of Corrections is amended
5 by changing Section 5-6-3.1 as follows:
6 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
7 Sec. 5-6-3.1. Incidents and Conditions of Supervision.
8 (a) When a defendant is placed on supervision, the court
9 shall enter an order for supervision specifying the period of
10 such supervision, and shall defer further proceedings in the
11 case until the conclusion of the period.
12 (b) The period of supervision shall be reasonable under
13 all of the circumstances of the case, but may not be longer
14 than 2 years, unless the defendant has failed to pay the
15 assessment required by Section 10.3 of the Cannabis Control
16 Act or Section 411.2 of the Illinois Controlled Substances
17 Act, in which case the court may extend supervision beyond 2
18 years. Additionally, the court shall order the defendant to
19 perform no less than 30 hours of community service and not
20 more than 120 hours of community service, if community
21 service is available in the jurisdiction and is funded and
22 approved by the county board where the offense was committed,
23 when the offense (1) was related to or in furtherance of the
24 criminal activities of an organized gang or was motivated by
25 the defendant's membership in or allegiance to an organized
26 gang; or (2) is a violation of any Section of Article 24 of
27 the Criminal Code of 1961 where a disposition of supervision
28 is not prohibited by Section 5-6-1 of this Code. The
29 community service shall include, but not be limited to, the
30 cleanup and repair of any damage caused by violation of
31 Section 21-1.3 of the Criminal Code of 1961 and similar
32 damages to property located within the municipality or county
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1 in which the violation occurred. Where possible and
2 reasonable, the community service should be performed in the
3 offender's neighborhood.
4 For the purposes of this Section, "organized gang" has
5 the meaning ascribed to it in Section 10 of the Illinois
6 Streetgang Terrorism Omnibus Prevention Act.
7 (c) The court may in addition to other reasonable
8 conditions relating to the nature of the offense or the
9 rehabilitation of the defendant as determined for each
10 defendant in the proper discretion of the court require that
11 the person:
12 (1) make a report to and appear in person before or
13 participate with the court or such courts, person, or
14 social service agency as directed by the court in the
15 order of supervision;
16 (2) pay a fine and costs;
17 (3) work or pursue a course of study or vocational
18 training;
19 (4) undergo medical, psychological or psychiatric
20 treatment; or treatment for drug addiction or alcoholism;
21 (5) attend or reside in a facility established for
22 the instruction or residence of defendants on probation;
23 (6) support his dependents;
24 (7) refrain from possessing a firearm or other
25 dangerous weapon;
26 (8) and in addition, if a minor:
27 (i) reside with his parents or in a foster
28 home;
29 (ii) attend school;
30 (iii) attend a non-residential program for
31 youth;
32 (iv) contribute to his own support at home or
33 in a foster home; and
34 (9) make restitution or reparation in an amount not
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1 to exceed actual loss or damage to property and pecuniary
2 loss or make restitution under Section 5-5-6 to a
3 domestic violence shelter. The court shall determine the
4 amount and conditions of payment;
5 (10) perform some reasonable public or community
6 service;
7 (11) comply with the terms and conditions of an
8 order of protection issued by the court pursuant to the
9 Illinois Domestic Violence Act of 1986. If the court has
10 ordered the defendant to make a report and appear in
11 person under paragraph (1) of this subsection, a copy of
12 the order of protection shall be transmitted to the
13 person or agency so designated by the court;
14 (12) reimburse any "local anti-crime program" as
15 defined in Section 7 of the Anti-Crime Advisory Council
16 Act for any reasonable expenses incurred by the program
17 on the offender's case, not to exceed the maximum amount
18 of the fine authorized for the offense for which the
19 defendant was sentenced;
20 (13) contribute a reasonable sum of money, not to
21 exceed the maximum amount of the fine authorized for the
22 offense for which the defendant was sentenced, to a
23 "local anti-crime program", as defined in Section 7 of
24 the Anti-Crime Advisory Council Act;
25 (14) refrain from entering into a designated
26 geographic area except upon such terms as the court finds
27 appropriate. Such terms may include consideration of the
28 purpose of the entry, the time of day, other persons
29 accompanying the defendant, and advance approval by a
30 probation officer;
31 (15) refrain from having any contact, directly or
32 indirectly, with certain specified persons or particular
33 types of person, including but not limited to members of
34 street gangs and drug users or dealers;
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1 (16) refrain from having in his or her body the
2 presence of any illicit drug prohibited by the Cannabis
3 Control Act or the Illinois Controlled Substances Act,
4 unless prescribed by a physician, and submit samples of
5 his or her blood or urine or both for tests to determine
6 the presence of any illicit drug;
7 (17) refrain from operating any motor vehicle not
8 equipped with an ignition interlock device as defined in
9 Section 1-129.1 of the Illinois Vehicle Code. Under this
10 condition the court may allow a defendant who is not
11 self-employed to operate a vehicle owned by the
12 defendant's employer that is not equipped with an
13 ignition interlock device in the course and scope of the
14 defendant's employment.
15 (d) The court shall defer entering any judgment on the
16 charges until the conclusion of the supervision.
17 (e) At the conclusion of the period of supervision, if
18 the court determines that the defendant has successfully
19 complied with all of the conditions of supervision, the court
20 shall discharge the defendant and enter a judgment dismissing
21 the charges.
22 (f) Discharge and dismissal upon a successful conclusion
23 of a disposition of supervision shall be deemed without
24 adjudication of guilt and shall not be termed a conviction
25 for purposes of disqualification or disabilities imposed by
26 law upon conviction of a crime. The expungement and sealing
27 of arrest and court records of a person who has successfully
28 concluded a disposition of supervision is governed by Section
29 5 of the Criminal Identification Act. Two years after the
30 discharge and dismissal under this Section, unless the
31 disposition of supervision was for a violation of Sections
32 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
33 Vehicle Code or a similar provision of a local ordinance, or
34 for a violation of Sections 12-3.2 or 16A-3 of the Criminal
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1 Code of 1961, in which case it shall be 5 years after
2 discharge and dismissal, a person may have his record of
3 arrest sealed or expunged as may be provided by law.
4 However, any defendant placed on supervision before January
5 1, 1980, may move for sealing or expungement of his arrest
6 record, as provided by law, at any time after discharge and
7 dismissal under this Section. A person placed on supervision
8 for a sexual offense committed against a minor as defined in
9 subsection (g) of Section 5 of the Criminal Identification
10 Act or for a violation of Section 11-501 of the Illinois
11 Vehicle Code or a similar provision of a local ordinance
12 shall not have his or her record of arrest sealed or
13 expunged.
14 (g) A defendant placed on supervision and who during the
15 period of supervision undergoes mandatory drug or alcohol
16 testing, or both, or is assigned to be placed on an approved
17 electronic monitoring device, shall be ordered to pay the
18 costs incidental to such mandatory drug or alcohol testing,
19 or both, and costs incidental to such approved electronic
20 monitoring in accordance with the defendant's ability to pay
21 those costs. The county board with the concurrence of the
22 Chief Judge of the judicial circuit in which the county is
23 located shall establish reasonable fees for the cost of
24 maintenance, testing, and incidental expenses related to the
25 mandatory drug or alcohol testing, or both, and all costs
26 incidental to approved electronic monitoring, of all
27 defendants placed on supervision. The concurrence of the
28 Chief Judge shall be in the form of an administrative order.
29 The fees shall be collected by the clerk of the circuit
30 court. The clerk of the circuit court shall pay all moneys
31 collected from these fees to the county treasurer who shall
32 use the moneys collected to defray the costs of drug testing,
33 alcohol testing, and electronic monitoring. The county
34 treasurer shall deposit the fees collected in the county
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1 working cash fund under Section 6-27001 or Section 6-29002 of
2 the Counties Code, as the case may be.
3 (h) A disposition of supervision is a final order for
4 the purposes of appeal.
5 (i) The court shall impose upon a defendant placed on
6 supervision after January 1, 1992, as a condition of
7 supervision, a fee of $25 for each month of supervision
8 ordered by the court, unless after determining the inability
9 of the person placed on supervision to pay the fee, the court
10 assesses a lesser fee. The court may not impose the fee on a
11 minor who is made a ward of the State under the Juvenile
12 Court Act of 1987 while the minor is in placement. The fee
13 shall be imposed only upon a defendant who is actively
14 supervised by the probation and court services department.
15 The fee shall be collected by the clerk of the circuit court.
16 The clerk of the circuit court shall pay all monies collected
17 from this fee to the county treasurer for deposit in the
18 probation and court services fund pursuant to Section 15.1 of
19 the Probation and Probation Officers Act.
20 (j) All fines and costs imposed under this Section for
21 any violation of Chapters 3, 4, 6, and 11 of the Illinois
22 Vehicle Code, or a similar provision of a local ordinance,
23 and any violation of the Child Passenger Protection Act, or a
24 similar provision of a local ordinance, shall be collected
25 and disbursed by the circuit clerk as provided under Section
26 27.5 of the Clerks of Courts Act.
27 (k) A defendant at least 17 years of age who is placed
28 on supervision for a misdemeanor in a county of 3,000,000 or
29 more inhabitants and who has not been previously convicted of
30 a misdemeanor or felony may as a condition of his or her
31 supervision be required by the court to attend educational
32 courses designed to prepare the defendant for a high school
33 diploma and to work toward a high school diploma or to work
34 toward passing the high school level Test of General
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1 Educational Development (GED) or to work toward completing a
2 vocational training program approved by the court. The
3 defendant placed on supervision must attend a public
4 institution of education to obtain the educational or
5 vocational training required by this subsection (k). The
6 defendant placed on supervision shall be required to pay for
7 the cost of the educational courses or GED test, if a fee is
8 charged for those courses or test. The court shall revoke
9 the supervision of a person who wilfully fails to comply with
10 this subsection (k). The court shall resentence the
11 defendant upon revocation of supervision as provided in
12 Section 5-6-4. This subsection (k) does not apply to a
13 defendant who has a high school diploma or has successfully
14 passed the GED test. This subsection (k) does not apply to a
15 defendant who is determined by the court to be
16 developmentally disabled or otherwise mentally incapable of
17 completing the educational or vocational program.
18 (l) The court shall require a defendant placed on
19 supervision for possession of a substance prohibited by the
20 Cannabis Control Act or Illinois Controlled Substances Act
21 after a previous conviction or disposition of supervision for
22 possession of a substance prohibited by the Cannabis Control
23 Act or Illinois Controlled Substances Act or a sentence of
24 probation under Section 10 of the Cannabis Control Act or
25 Section 410 of the Illinois Controlled Substances Act and
26 after a finding by the court that the person is addicted, to
27 undergo treatment at a substance abuse program approved by
28 the court.
29 (m) The court shall require a defendant placed on
30 supervision for a violation of Section 3-707 of the Illinois
31 Vehicle Code or a similar provision of a local ordinance, as
32 a condition of supervision, to give proof of his or her
33 financial responsibility as defined in Section 7-315 of the
34 Illinois Vehicle Code. The proof shall be maintained by the
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1 defendant in a manner satisfactory to the Secretary of State
2 for a minimum period of one year after the date the proof is
3 first filed. The Secretary of State shall suspend the
4 driver's license of any person determined by the Secretary to
5 be in violation of this subsection.
6 (Source: P.A. 90-14, eff. 7-1-97; 90-399, eff. 1-1-98;
7 90-504, eff. 1-1-98; 90-655, eff. 7-30-98; 90-784, eff.
8 1-1-99; 91-127, eff. 1-1-00.)
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.