State of Illinois
92nd General Assembly
Legislation

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92_SB0629eng

 
SB629 Engrossed                                LRB9208026ARsb

 1        AN ACT concerning animals.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Humane Care for Animals Act is amended by
 5    changing Sections 2.07, 4.01, and 16 as follows:

 6        (510 ILCS 70/2.07) (from Ch. 8, par. 702.07)
 7        Sec.  2.07.  Person.    "Person"  means  any  individual,
 8    minor, firm, corporation, partnership, other  business  unit,
 9    society,  association,  or  other legal entity, any public or
10    private institution, the State of Illinois, or any  municipal
11    corporation or political subdivision of the State.
12    (Source: P.A. 78-905.)

13        (510 ILCS 70/4.01) (from Ch. 8, par. 704.01)
14        Sec. 4.01.  Prohibitions.
15        (a)  No  person  may own, capture, breed, train, or lease
16    any animal which he or she knows or should know  is  intended
17    for  use  in any show, exhibition, program, or other activity
18    featuring or otherwise involving a fight between such  animal
19    and  any other animal or human, or the intentional killing of
20    any  animal  for  the  purpose   of   sport,   wagering,   or
21    entertainment.
22        (b)  No   person   shall   promote,  conduct,  carry  on,
23    advertise,  collect money for or in any other  manner  assist
24    or  aid  in the presentation for purposes of sport, wagering,
25    or entertainment, any show,  exhibition,  program,  or  other
26    activity  involving  a fight between 2 or more animals or any
27    animal and human, or the intentional killing of any animal.
28        (c)  No person  shall  sell  or  offer  for  sale,  ship,
29    transport,  or  otherwise  move,  or  deliver  or receive any
30    animal which  he  or  she  knows  or  should  know  has  been
 
SB629 Engrossed             -2-                LRB9208026ARsb
 1    captured, bred, or trained, or will be used, to fight another
 2    animal  or  human or be intentionally killed, for the purpose
 3    of sport, wagering, or entertainment.
 4        (d)  No person  shall  manufacture  for  sale,  shipment,
 5    transportation or delivery any device or equipment which that
 6    person  knows or should know is intended for use in any show,
 7    exhibition, program, or other activity featuring or otherwise
 8    involving a fight between 2 or more animals, or any human and
 9    animal, or the intentional killing of any animal for purposes
10    of sport, wagering or entertainment.
11        (e)  No person shall own,  possess,  sell  or  offer  for
12    sale,  ship,  transport,  or  otherwise move any equipment or
13    device which such person knows or should know is intended for
14    use in connection with  any  show,  exhibition,  program,  or
15    activity  featuring  or otherwise involving a fight between 2
16    or more animals, or any animal and human, or the  intentional
17    killing  of  any  animal  for  purposes of sport, wagering or
18    entertainment.
19        (f)  No person shall make available any site,  structure,
20    or  facility,  whether enclosed or not, which he or she knows
21    or should know is intended to be  used  for  the  purpose  of
22    conducting  any  show, exhibition, program, or other activity
23    involving a fight between 2 or more animals,  or  any  animal
24    and human, or the intentional killing of any animal.
25        (g)  No  person  shall  attend or otherwise patronize any
26    show, exhibition, program, or  other  activity  featuring  or
27    otherwise involving a fight between 2 or more animals, or any
28    animal  and  human,  or the intentional killing of any animal
29    for the purposes of sport, wagering or entertainment.
30        (h)  No person shall tie or attach  or  fasten  any  live
31    animal  to  any  machine or device propelled by any power for
32    the purpose of causing such animal to be pursued by a dog  or
33    dogs.  This  subsection (h) shall apply only when such dog is
34    intended to be used in a dog fight.
 
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 1        (i)  Any animals or equipment involved in a violation  of
 2    this  Section shall be immediately seized and impounded under
 3    Section 12 by  the  Department  when  located  at  any  show,
 4    exhibition, program, or other activity featuring or otherwise
 5    involving an animal fight.
 6        (j)  Any  vehicle  or  conveyance  other  than  a  common
 7    carrier  that  is  used in violation of this Section shall be
 8    seized, held, and offered for sale at public auction  by  the
 9    sheriff's  department  of  the  proper  jurisdiction, and the
10    proceeds from the sale shall be remitted to the general  fund
11    of the the county where the violation took place.
12        (k)  Any veterinarian in this State who is presented with
13    an  animal for treatment of injuries or wounds resulting from
14    fighting where there is a  reasonable  possibility  that  the
15    animal  was engaged in or utilized for a fighting event shall
16    file a report with the Department and cooperate by furnishing
17    the owners' names, dates, and descriptions of the  animal  or
18    animals involved. Any veterinarian who in good faith complies
19    with  the  requirements  of this subsection has immunity from
20    any liability, civil, criminal, or otherwise, that may result
21    from  his  or  her  actions.   For  the   purposes   of   any
22    proceedings,  civil  or  criminal,  the  good  faith  of  the
23    veterinarian shall be rebuttably presumed.
24        (l)  No  person  shall  conspire  or  solicit  a minor to
25    violate this Section.  A violation of this  subsection  is  a
26    Class A misdemeanor.
27    (Source: P.A. 87-819.)

28        (510 ILCS 70/16) (from Ch. 8, par. 716)
29        Sec. 16.  Violations; punishment; injunctions.
30        (a)  Any  person convicted of violating Sections 5, 5.01,
31    or 6 of this Act  or any rule, regulation, or  order  of  the
32    Department   pursuant   thereto,  is  guilty  of  a  Class  C
33    misdemeanor.
 
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 1             (b)(1)  This subsection (b) does not apply where the
 2        only animals involved in the violation are dogs.
 3             (2)  Any person convicted  of  violating  subsection
 4        (a),  (b),  (c) or (h) of Section 4.01 of this Act or any
 5        rule, regulation, or order  of  the  Department  pursuant
 6        thereto, is guilty of a Class A misdemeanor.
 7             (3)  A  second  or  subsequent offense involving the
 8        violation of subsection (a), (b) or (c) of  Section  4.01
 9        of  this  Act  or  any  rule, regulation, or order of the
10        Department pursuant thereto is a Class 4 felony.
11             (4)  Any person convicted  of  violating  subsection
12        (d),  (e) or (f) of Section 4.01 of this Act or any rule,
13        regulation, or order of the Department pursuant  thereto,
14        is guilty of a Class B misdemeanor.
15             (5)  Any  person  convicted  of violating subsection
16        (g) of Section 4.01 of this Act or any rule,  regulation,
17        or  order of the Department pursuant thereto is guilty of
18        a Class C misdemeanor.
19             (c)(1)  This  subsection  (c)  applies   exclusively
20        where  the  only  animals  involved  in the violation are
21        dogs.
22             (2)  Any person convicted  of  violating  subsection
23        (a),  (b) or (c) of Section 4.01 of this Act or any rule,
24        regulation or order of the Department pursuant thereto is
25        guilty of a Class 4 felony and may be fined an amount not
26        to exceed $50,000.
27             (3)  Any person convicted  of  violating  subsection
28        (d),  (e) or (f) of Section 4.01 of this Act or any rule,
29        regulation or order of the Department pursuant thereto is
30        guilty of Class A misdemeanor, if  such  person  knew  or
31        should  have  known  that  the  device or equipment under
32        subsection (d) or  (e)  of  that  Section  or  the  site,
33        structure  or  facility  under  subsection  (f)  of  that
34        Section was to be used to carry out a violation where the
 
SB629 Engrossed             -5-                LRB9208026ARsb
 1        only  animals  involved were dogs.  Where such person did
 2        not know or should not reasonably have been  expected  to
 3        know that the only animals involved in the violation were
 4        dogs,  the  penalty shall be same as that provided for in
 5        paragraph (4) of subsection (b).
 6             (4)  Any person convicted  of  violating  subsection
 7        (g)  of  Section 4.01 of this Act or any rule, regulation
 8        or order of the Department pursuant thereto is  guilty of
 9        a Class C misdemeanor.
10             (5)  A second or subsequent violation of  subsection
11        (a),  (b) or (c) of Section 4.01 of this Act or any rule,
12        regulation or order of the Department pursuant thereto is
13        a Class 3 felony.  A second or  subsequent  violation  of
14        subsection (d), (e) or (f) of Section 4.01 of this Act or
15        any  rule,  regulation or order of the Department adopted
16        pursuant  thereto  is  a  Class  3  felony,  if  in  each
17        violation the person knew or should have known  that  the
18        device  or  equipment under subsection (d) or (e) of that
19        Section  or  the  site,  structure  or   facility   under
20        subsection  (f)  of  that Section was to be used to carry
21        out a violation where  the  only  animals  involved  were
22        dogs.    Where  such  person  did  not know or should not
23        reasonably have been  expected  to  know  that  the  only
24        animals  involved in the violation were dogs, a second or
25        subsequent violation of subsection (d),  (e)  or  (f)  of
26        Section 4.01 of this Act or any rule, regulation or order
27        of  the  Department adopted pursuant thereto is a Class A
28        misdemeanor.   A  second  or  subsequent   violation   of
29        subsection (g) is a Class B misdemeanor.
30             (6)  Any  person convicted of violating Section 3.01
31        of this Act is guilty of a Class C misdemeanor.  A second
32        conviction for a violation of Section 3.01 is a  Class  B
33        misdemeanor.   A  third  or  subsequent  conviction for a
34        violation of Section 3.01 is a Class  A misdemeanor.
 
SB629 Engrossed             -6-                LRB9208026ARsb
 1             (7)  Any person convicted of violating Section  4.03
 2        is guilty of a Class B misdemeanor.
 3             (8)  Any  person convicted of violating Section 4.04
 4        is guilty of a Class A misdemeanor where  the  animal  is
 5        not  killed  or  totally  disabled,  but if the animal is
 6        killed or totally disabled such person shall be guilty of
 7        a Class 4 felony.
 8             (8.5)  A person convicted  of  violating  subsection
 9        (a)  of  Section 7.15 is guilty of a Class B misdemeanor.
10        A person convicted of violating subsection (b) or (c)  of
11        Section  7.15  is  (i) guilty of a Class A misdemeanor if
12        the dog is not killed or totally disabled and (ii) if the
13        dog is killed or totally disabled, guilty of  a  Class  4
14        felony   and   may  be  ordered  by  the  court  to  make
15        restitution to the  disabled  person  having  custody  or
16        ownership of the dog for veterinary bills and replacement
17        costs of the dog.
18             (9)  Any  person  convicted  of  violating any other
19        provision of this Act, or any rule, regulation, or  order
20        of  the Department pursuant thereto, is guilty of a Class
21        C misdemeanor with every day that a  violation  continues
22        constituting a separate offense.
23        (d)  Any  person  convicted  of  violating Section 7.1 is
24    guilty of a petty offense.  A second or subsequent conviction
25    for a violation of Section 7.1 is a Class C misdemeanor.
26        (e)  Any person convicted of violating  Section  3.02  is
27    guilty  of  a  Class  4  felony  A  misdemeanor.  A second or
28    subsequent violation is a Class 3 4 felony.
29        (f)  The Department may enjoin a person from a continuing
30    violation of this Act.
31        (g)  Any person convicted of violating  Section  3.03  is
32    guilty  of  a Class 4 felony.  A second or subsequent offense
33    is a Class 3 felony.  As a condition of the sentence  imposed
34    under  this  Section,  the  court shall order the offender to
 
SB629 Engrossed             -7-                LRB9208026ARsb
 1    undergo a psychological  or  psychiatric  evaluation  and  to
 2    undergo treatment that the court determines to be appropriate
 3    after due consideration of the evaluation.
 4    (Source:  P.A.  90-14,  eff.  7-1-97;  90-80,  eff.  7-10-97;
 5    91-291,  eff.  1-1-00;  91-351,  eff.  7-29-99;  91-357, eff.
 6    7-29-99; revised 8-30-99.)

 7        Section 10.  The Juvenile Court Act of 1987 is amended by
 8    changing Sections 5-615, 5-710, and 5-715 as follows:

 9        (705 ILCS 405/5-615)
10        Sec. 5-615.  Continuance under supervision.
11        (1)  The court may enter an order  of  continuance  under
12    supervision  for an offense other than first degree murder, a
13    Class X felony or a forcible felony (a) upon an admission  or
14    stipulation by the appropriate respondent or minor respondent
15    of the facts supporting the petition and before proceeding to
16    adjudication, or after hearing the evidence at the trial, and
17    (b)  in  the  absence  of objection made in open court by the
18    minor, his or her parent, guardian, or legal  custodian,  the
19    minor's attorney or the State's Attorney.
20        (2)  If  the minor, his or her parent, guardian, or legal
21    custodian, the minor's attorney or State's  Attorney  objects
22    in  open court to any continuance and insists upon proceeding
23    to findings and adjudication, the court shall so proceed.
24        (3)  Nothing in this Section  limits  the  power  of  the
25    court   to  order  a  continuance  of  the  hearing  for  the
26    production of additional evidence or  for  any  other  proper
27    reason.
28        (4)  When  a  hearing  where  a  minor is alleged to be a
29    delinquent is continued pursuant to this Section, the  period
30    of  continuance  under  supervision may not exceed 24 months.
31    The court may terminate a continuance  under  supervision  at
32    any  time  if  warranted  by the conduct of the minor and the
 
SB629 Engrossed             -8-                LRB9208026ARsb
 1    ends of justice.
 2        (5)  When a hearing  where  a  minor  is  alleged  to  be
 3    delinquent  is  continued pursuant to this Section, the court
 4    may, as conditions  of  the  continuance  under  supervision,
 5    require the minor to do any of the following:
 6             (a)  not   violate   any  criminal  statute  of  any
 7        jurisdiction;
 8             (b)  make a report to and appear  in  person  before
 9        any person or agency as directed by the court;
10             (c)  work  or pursue a course of study or vocational
11        training;
12             (d)  undergo medical or psychotherapeutic  treatment
13        rendered  by a therapist licensed under the provisions of
14        the  Medical  Practice  Act  of   1987,    the   Clinical
15        Psychologist  Licensing  Act, or the Clinical Social Work
16        and Social Work Practice Act, or an  entity  licensed  by
17        the  Department  of  Human Services as a successor to the
18        Department of Alcoholism and  Substance  Abuse,  for  the
19        provision of drug addiction and alcoholism treatment;
20             (e)  attend  or reside in a facility established for
21        the instruction or residence of persons on probation;
22             (f)  support his or her dependents, if any;
23             (g)  pay costs;
24             (h)  refrain from  possessing  a  firearm  or  other
25        dangerous weapon, or an automobile;
26             (i)  permit  the  probation  officer to visit him or
27        her at his or her home or elsewhere;
28             (j)  reside with his or her parents or in  a  foster
29        home;
30             (k)  attend school;
31             (l)  attend a non-residential program for youth;
32             (m)  contribute to his or her own support at home or
33        in a foster home;
34             (n)  perform  some  reasonable  public  or community
 
SB629 Engrossed             -9-                LRB9208026ARsb
 1        service;
 2             (o)  make restitution to the  victim,  in  the  same
 3        manner  and  under  the  same  conditions  as provided in
 4        subsection  (4)  of  Section  5-710,  except   that   the
 5        "sentencing hearing" referred to in that Section shall be
 6        the adjudicatory hearing for purposes of this Section;
 7             (p)  comply  with  curfew requirements as designated
 8        by the court;
 9             (q)  refrain  from  entering   into   a   designated
10        geographic  area  except  upon  terms  as the court finds
11        appropriate.  The terms may include consideration of  the
12        purpose  of  the  entry,  the  time of day, other persons
13        accompanying  the  minor,  and  advance  approval  by   a
14        probation officer;
15             (r)  refrain  from  having  any contact, directly or
16        indirectly, with certain specified persons or  particular
17        types of persons, including but not limited to members of
18        street gangs and drug users or dealers;
19             (r-5)  undergo  a medical or other procedure to have
20        a tattoo symbolizing allegiance to a street gang  removed
21        from his or her body;
22             (s)  refrain  from  having  in  his  or her body the
23        presence of any illicit drug prohibited by  the  Cannabis
24        Control  Act  or  the Illinois Controlled Substances Act,
25        unless prescribed by a physician, and submit  samples  of
26        his  or her blood or urine or both for tests to determine
27        the presence of any illicit drug;  or
28             (t)  comply with any  other  conditions  as  may  be
29        ordered by the court.
30        (6)  A  minor  whose  case is continued under supervision
31    under subsection (5) shall be  given  a  certificate  setting
32    forth  the  conditions imposed by the court. Those conditions
33    may be reduced, enlarged, or modified by the court on  motion
34    of the probation officer or on its own motion, or that of the
 
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 1    State's  Attorney,  or,  at  the  request  of the minor after
 2    notice and hearing.
 3        (7)  If a petition is filed charging  a  violation  of  a
 4    condition  of  the  continuance  under supervision, the court
 5    shall conduct a hearing.  If the court finds that a condition
 6    of supervision has not been fulfilled, the court may  proceed
 7    to  findings and adjudication and disposition.  The filing of
 8    a petition for violation of a condition  of  the  continuance
 9    under  supervision shall toll the period of continuance under
10    supervision until the final determination of the charge,  and
11    the  term  of the continuance under supervision shall not run
12    until  the  hearing  and  disposition  of  the  petition  for
13    violation;  provided where the petition alleges conduct  that
14    does  not  constitute a criminal offense, the hearing must be
15    held within 30 days of the filing of the  petition  unless  a
16    delay shall continue the tolling of the period of continuance
17    under supervision for the period of the delay.
18        (8)  When  a  hearing in which a minor is alleged to be a
19    delinquent for reasons that include a  violation  of  Section
20    21-1.3  of  the Criminal Code of 1961 is continued under this
21    Section, the court shall, as a condition of  the  continuance
22    under  supervision,  require  the  minor to perform community
23    service for not less than 30 and not more than 120 hours,  if
24    community  service  is  available  in  the jurisdiction.  The
25    community service shall include, but need not be limited  to,
26    the  cleanup  and repair of the damage that was caused by the
27    alleged violation or similar damage to  property  located  in
28    the  municipality  or  county  in which the alleged violation
29    occurred.  The condition may be  in  addition  to  any  other
30    condition.
31        (8.5)  When a hearing in which a minor is alleged to be a
32    delinquent  for  reasons  that include a violation of Section
33    3.02 of the Humane Care for Animals Act or subsection (d)  of
34    Section  21-1 of the Criminal Code of 1961 is continued under
 
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 1    this  Section,  the  court  shall,  as  a  condition  of  the
 2    continuance under supervision, require the minor  to  undergo
 3    medical  or psychiatric treatment, rendered by a psychiatrist
 4    or   psychological   treatment   rendered   by   a   clinical
 5    psychologist. The condition may be in addition to  any  other
 6    condition.
 7        (9)  When  a  hearing in which a minor is alleged to be a
 8    delinquent is continued under this Section, the court, before
 9    continuing the case, shall make a finding whether the offense
10    alleged to have been committed either:  (i) was related to or
11    in furtherance of the activities of an organized gang or  was
12    motivated  by  the  minor's membership in or allegiance to an
13    organized gang, or (ii) is a violation of paragraph  (13)  of
14    subsection  (a) of Section 12-2 of the Criminal Code of 1961,
15    a violation of any Section of Article 24 of the Criminal Code
16    of 1961, or a violation of  any  statute  that  involved  the
17    unlawful  use  of  a  firearm.   If  the court determines the
18    question in the affirmative the court shall, as  a  condition
19    of  the  continuance  under  supervision and as part of or in
20    addition to any other condition of the  supervision,  require
21    the  minor  to perform community service for not less than 30
22    hours, provided that community service is  available  in  the
23    jurisdiction  and  is funded and approved by the county board
24    of the county where the offense was committed.  The community
25    service shall include,  but  need  not  be  limited  to,  the
26    cleanup  and  repair  of  any  damage  caused  by  an alleged
27    violation of Section 21-1.3 of the Criminal Code of 1961  and
28    similar  damage  to  property  located in the municipality or
29    county  in  which  the  alleged  violation  occurred.    When
30    possible  and  reasonable,  the  community  service  shall be
31    performed in the minor's neighborhood.  For the  purposes  of
32    this Section, "organized gang" has the meaning ascribed to it
33    in  Section  10  of the Illinois Streetgang Terrorism Omnibus
34    Prevention Act.
 
SB629 Engrossed             -12-               LRB9208026ARsb
 1        (10)  The court shall  impose  upon  a  minor  placed  on
 2    supervision,  as a condition of the supervision, a fee of $25
 3    for each month of supervision ordered by  the  court,  unless
 4    after  determining  the  inability  of  the  minor  placed on
 5    supervision to pay the  fee,  the  court  assesses  a  lesser
 6    amount.   The  court may not impose the fee on a minor who is
 7    made a ward of the State under this Act while the minor is in
 8    placement.  The fee shall be imposed only upon a minor who is
 9    actively supervised  by  the  probation  and  court  services
10    department.  A court may order the parent, guardian, or legal
11    custodian  of  the minor to pay some or all of the fee on the
12    minor's behalf.
13    (Source:  P.A.  90-590,  eff.  1-1-99;  91-98;  eff.  1-1-00;
14    91-332, eff. 7-29-99; revised 10-7-99.)

15        (705 ILCS 405/5-710)
16        Sec. 5-710.  Kinds of sentencing orders.
17        (1)  The following kinds of sentencing orders may be made
18    in respect of wards of the court:
19             (a)  Except as provided in  Sections  5-805,  5-810,
20        5-815,  a  minor  who is found guilty under Section 5-620
21        may be:
22                  (i)  put on probation or conditional  discharge
23             and  released  to  his  or  her parents, guardian or
24             legal custodian, provided, however,  that  any  such
25             minor  who  is  not  committed  to the Department of
26             Corrections, Juvenile Division under this subsection
27             and who is found to be a delinquent for  an  offense
28             which is first degree murder, a Class X felony, or a
29             forcible felony shall be placed on probation;
30                  (ii)  placed  in accordance with Section 5-740,
31             with or without  also  being  put  on  probation  or
32             conditional discharge;
33                  (iii)  required  to  undergo  a substance abuse
 
SB629 Engrossed             -13-               LRB9208026ARsb
 1             assessment conducted  by  a  licensed  provider  and
 2             participate in the indicated clinical level of care;
 3                  (iv)  placed   in   the   guardianship  of  the
 4             Department of Children and Family Services, but only
 5             if the delinquent minor is under 13 years of age;
 6                  (v)  placed in detention for a  period  not  to
 7             exceed  30  days,  either  as the exclusive order of
 8             disposition or, where  appropriate,  in  conjunction
 9             with  any  other  order  of disposition issued under
10             this paragraph, provided  that  any  such  detention
11             shall  be in a juvenile detention home and the minor
12             so detained shall be  10  years  of  age  or  older.
13             However,  the  30-day  limitation may be extended by
14             further order of the court for a minor under age  13
15             committed  to  the Department of Children and Family
16             Services if the court finds  that  the  minor  is  a
17             danger  to  himself  or  others.  The minor shall be
18             given credit on the sentencing  order  of  detention
19             for  time  spent  in detention under Sections 5-501,
20             5-601, 5-710, or 5-720 of this Article as  a  result
21             of  the  offense  for which the sentencing order was
22             imposed. The court may grant credit on a  sentencing
23             order  of  detention  entered  under  a violation of
24             probation  or  violation  of  conditional  discharge
25             under Section 5-720 of this Article for  time  spent
26             in  detention  before  the  filing  of  the petition
27             alleging  the  violation.   A  minor  shall  not  be
28             deprived of  credit  for  time  spent  in  detention
29             before  the  filing  of  a violation of probation or
30             conditional discharge alleging the same  or  related
31             act or acts;
32                  (vi)  ordered     partially    or    completely
33             emancipated in accordance with the provisions of the
34             Emancipation of Mature Minors Act;
 
SB629 Engrossed             -14-               LRB9208026ARsb
 1                  (vii)  subject to having his  or  her  driver's
 2             license  or  driving  privileges  suspended for such
 3             time as determined by the court but only until he or
 4             she attains 18 years of age;
 5                  (viii)  put   on   probation   or   conditional
 6             discharge and  placed  in  detention  under  Section
 7             3-6039  of  the  Counties  Code  for a period not to
 8             exceed the period of incarceration permitted by  law
 9             for  adults  found  guilty  of  the  same offense or
10             offenses  for  which  the  minor   was   adjudicated
11             delinquent,  and  in  any  event no longer than upon
12             attainment  of  age  21;  this  subdivision   (viii)
13             notwithstanding  any  contrary provision of the law;
14             or
15                  (ix)  ordered to undergo  a  medical  or  other
16             procedure to have a tattoo symbolizing allegiance to
17             a street gang removed from his or her body.
18             (b)  A  minor found to be guilty may be committed to
19        the Department of Corrections, Juvenile  Division,  under
20        Section  5-750  if the minor is 13 years of age or older,
21        provided  that  the  commitment  to  the  Department   of
22        Corrections,  Juvenile  Division, shall be made only if a
23        term of incarceration is  permitted  by  law  for  adults
24        found  guilty  of  the  offense  for  which the minor was
25        adjudicated delinquent.  The time during which a minor is
26        in custody before being released upon the  request  of  a
27        parent,  guardian  or legal custodian shall be considered
28        as time spent in detention.
29             (c)  When a minor is  found  to  be  guilty  for  an
30        offense  which  is a violation of the Illinois Controlled
31        Substances Act or the Cannabis Control Act   and  made  a
32        ward  of  the  court,  the  court may enter a disposition
33        order  requiring  the  minor   to   undergo   assessment,
34        counseling  or  treatment  in  a  substance abuse program
 
SB629 Engrossed             -15-               LRB9208026ARsb
 1        approved by the Department of Human Services.
 2        (2)  Any sentencing order other than  commitment  to  the
 3    Department of Corrections, Juvenile Division, may provide for
 4    protective supervision under Section 5-725 and may include an
 5    order of protection under Section 5-730.
 6        (3)  Unless  the  sentencing order expressly so provides,
 7    it does not operate  to  close  proceedings  on  the  pending
 8    petition,  but is subject to modification until final closing
 9    and discharge of the proceedings under Section 5-750.
10        (4)  In addition to any other  sentence,  the  court  may
11    order  any  minor found to be delinquent to make restitution,
12    in  monetary  or  non-monetary  form,  under  the  terms  and
13    conditions  of  Section  5-5-6  of  the   Unified   Code   of
14    Corrections, except that the "presentencing hearing" referred
15    to  in  that  Section  shall  be  the  sentencing hearing for
16    purposes of this Section.   The  parent,  guardian  or  legal
17    custodian  of  the  minor  may be ordered by the court to pay
18    some or  all  of  the  restitution  on  the  minor's  behalf,
19    pursuant  to  the  Parental Responsibility Law.   The State's
20    Attorney is authorized to act on  behalf  of  any  victim  in
21    seeking  restitution in proceedings under this Section, up to
22    the maximum amount allowed  in  Section  5  of  the  Parental
23    Responsibility Law.
24        (5)  Any sentencing order where the minor is committed or
25    placed in accordance with Section 5-740 shall provide for the
26    parents  or guardian of the estate of the minor to pay to the
27    legal custodian or guardian of the person of the  minor  such
28    sums  as  are  determined by the custodian or guardian of the
29    person of the minor as necessary for the minor's needs.   The
30    payments  may  not exceed the maximum amounts provided for by
31    Section 9.1 of the Children and Family Services Act.
32        (6)  Whenever the sentencing order requires the minor  to
33    attend  school  or  participate in a program of training, the
34    truant officer or designated school official shall  regularly
 
SB629 Engrossed             -16-               LRB9208026ARsb
 1    report  to  the  court  if the minor is a chronic or habitual
 2    truant under Section 26-2a of the School Code.
 3        (7)  In no event shall a guilty minor be committed to the
 4    Department of Corrections, Juvenile Division for a period  of
 5    time  in  excess  of  that period for which an adult could be
 6    committed for the same act.
 7        (8)  A minor found to be guilty for reasons that  include
 8    a  violation  of  Section 21-1.3 of the Criminal Code of 1961
 9    shall be ordered to perform community service  for  not  less
10    than  30 and not more than 120 hours, if community service is
11    available in the jurisdiction.  The community  service  shall
12    include,  but  need not be limited to, the cleanup and repair
13    of the damage that was caused by  the  violation  or  similar
14    damage  to  property located in the municipality or county in
15    which the violation occurred.  The order may be  in  addition
16    to any other order authorized by this Section.
17        (8.5)  A  minor  found  to  be  guilty  for  reasons that
18    include a violation of Section 3.02 of the  Humane  Care  for
19    Animals Act or subsection (d) of Section 21-1 of the Criminal
20    Code   of  1961  shall  be  ordered  to  undergo  medical  or
21    psychiatric  treatment,  rendered  by   a   psychiatrist   or
22    psychological  treatment rendered by a clinical psychologist.
23    The order may be in addition to any other order authorized by
24    this Section.
25        (9)  In addition to any other sentencing order, the court
26    shall order any minor found to be guilty  for  an  act  which
27    would  constitute,  predatory  criminal  sexual  assault of a
28    child, aggravated criminal sexual  assault,  criminal  sexual
29    assault, aggravated criminal sexual abuse, or criminal sexual
30    abuse  if committed by an adult to undergo medical testing to
31    determine   whether   the   defendant   has   any    sexually
32    transmissible  disease  including  a  test for infection with
33    human immunodeficiency virus (HIV) or  any  other  identified
34    causative   agency   of  acquired  immunodeficiency  syndrome
 
SB629 Engrossed             -17-               LRB9208026ARsb
 1    (AIDS).   Any  medical  test  shall  be  performed  only   by
 2    appropriately  licensed medical practitioners and may include
 3    an analysis of any bodily fluids as well as an examination of
 4    the minor's person. Except as otherwise provided by law,  the
 5    results  of  the  test shall be kept strictly confidential by
 6    all medical personnel involved in the  testing  and  must  be
 7    personally delivered in a sealed envelope to the judge of the
 8    court  in  which  the  sentencing  order  was entered for the
 9    judge's inspection in camera.  Acting in accordance with  the
10    best  interests of the victim and the public, the judge shall
11    have the discretion to determine to whom the results  of  the
12    testing may be revealed.  The court shall notify the minor of
13    the  results  of  the  test  for  infection  with  the  human
14    immunodeficiency  virus  (HIV).   The court shall also notify
15    the victim if requested by the victim, and if the  victim  is
16    under  the age of 15 and if requested by the victim's parents
17    or legal  guardian,  the  court  shall  notify  the  victim's
18    parents or the legal guardian, of the results of the test for
19    infection  with  the human immunodeficiency virus (HIV).  The
20    court shall provide information on the  availability  of  HIV
21    testing  and  counseling  at  the Department of Public Health
22    facilities to all parties to whom the results of the  testing
23    are  revealed.   The  court  shall order that the cost of any
24    test shall be paid by the county and may be  taxed  as  costs
25    against the minor.
26        (10)  When  a  court finds a minor to be guilty the court
27    shall, before entering a sentencing order under this Section,
28    make a finding whether the offense committed either:  (a) was
29    related to or in furtherance of the criminal activities of an
30    organized gang or was motivated by the minor's membership  in
31    or  allegiance  to  an  organized  gang,  or  (b)  involved a
32    violation of subsection (a) of Section 12-7.1 of the Criminal
33    Code of 1961, a violation of any Section of Article 24 of the
34    Criminal Code of 1961,  or a violation of  any  statute  that
 
SB629 Engrossed             -18-               LRB9208026ARsb
 1    involved  the  wrongful  use  of  a  firearm.   If  the court
 2    determines the question in the  affirmative,  and  the  court
 3    does  not  commit the minor to the Department of Corrections,
 4    Juvenile Division, the court shall order the minor to perform
 5    community service for not less than 30 hours  nor  more  than
 6    120  hours,  provided  that community service is available in
 7    the jurisdiction and is funded and  approved  by  the  county
 8    board  of  the  county  where the offense was committed.  The
 9    community service shall include, but need not be limited  to,
10    the cleanup and repair of any damage caused by a violation of
11    Section  21-1.3  of  the  Criminal  Code  of 1961 and similar
12    damage to property located in the municipality or  county  in
13    which  the violation occurred.  When possible and reasonable,
14    the community service  shall  be  performed  in  the  minor's
15    neighborhood.   This  order shall be in addition to any other
16    order authorized by this Section except for an order to place
17    the minor in the custody of the  Department  of  Corrections,
18    Juvenile   Division.   For  the  purposes  of  this  Section,
19    "organized gang" has the meaning ascribed to it in Section 10
20    of the Illinois Streetgang Terrorism Omnibus Prevention Act.
21    (Source: P.A. 90-590, eff. 1-1-99; 91-98, eff. 1-1-00.)

22        (705 ILCS 405/5-715)
23        Sec. 5-715.  Probation.
24        (1)  The period of  probation  or  conditional  discharge
25    shall  not exceed 5 years or until the minor has attained the
26    age of 21 years, whichever is less,  except  as  provided  in
27    this  Section  for  a  minor who is found to be guilty for an
28    offense which is first degree murder, a Class X felony  or  a
29    forcible  felony.  The juvenile court may terminate probation
30    or conditional discharge and discharge the minor at any  time
31    if  warranted  by  the  conduct  of the minor and the ends of
32    justice;  provided, however, that the period of probation for
33    a minor who is found to be guilty for  an  offense  which  is
 
SB629 Engrossed             -19-               LRB9208026ARsb
 1    first  degree  murder, a Class X felony, or a forcible felony
 2    shall be at least 5 years.
 3        (2)  The court may as a  condition  of  probation  or  of
 4    conditional discharge require that the minor:
 5             (a)  not   violate   any  criminal  statute  of  any
 6        jurisdiction;
 7             (b)  make a report to and appear  in  person  before
 8        any person or agency as directed by the court;
 9             (c)  work  or pursue a course of study or vocational
10        training;
11             (d)  undergo  medical  or   psychiatric   treatment,
12        rendered  by  a  psychiatrist  or psychological treatment
13        rendered  by  a  clinical  psychologist  or  social  work
14        services  rendered  by  a  clinical  social  worker,   or
15        treatment for drug addiction or alcoholism;
16             (e)  attend  or reside in a facility established for
17        the instruction or residence of persons on probation;
18             (f)  support his or her dependents, if any;
19             (g)  refrain from  possessing  a  firearm  or  other
20        dangerous weapon, or an automobile;
21             (h)  permit  the  probation  officer to visit him or
22        her at his or her home or elsewhere;
23             (i)  reside with his or her parents or in  a  foster
24        home;
25             (j)  attend school;
26             (k)  attend a non-residential program for youth;
27             (l)  make  restitution under the terms of subsection
28        (4) of Section 5-710;
29             (m)  contribute to his or her own support at home or
30        in a foster home;
31             (n)  perform some  reasonable  public  or  community
32        service;
33             (o)  participate with community corrections programs
34        including   unified   delinquency  intervention  services
 
SB629 Engrossed             -20-               LRB9208026ARsb
 1        administered by the Department of Human Services  subject
 2        to Section 5 of the Children and Family Services Act;
 3             (p)  pay costs;
 4             (q)  serve  a term of home confinement.  In addition
 5        to  any  other  applicable  condition  of  probation   or
 6        conditional discharge, the conditions of home confinement
 7        shall be that the minor:
 8                  (i)  remain within the interior premises of the
 9             place  designated  for his or her confinement during
10             the hours designated by the court;
11                  (ii)  admit any person or agent  designated  by
12             the  court  into the minor's place of confinement at
13             any time  for  purposes  of  verifying  the  minor's
14             compliance   with  the  conditions  of  his  or  her
15             confinement;  and
16                  (iii)  use an  approved  electronic  monitoring
17             device if ordered by the court subject to Article 8A
18             of Chapter V of the Unified Code of Corrections;
19             (r)  refrain   from   entering   into  a  designated
20        geographic area except upon  terms  as  the  court  finds
21        appropriate.   The terms may include consideration of the
22        purpose of the entry, the  time  of  day,  other  persons
23        accompanying   the  minor,  and  advance  approval  by  a
24        probation officer,  if  the  minor  has  been  placed  on
25        probation, or advance approval by the court, if the minor
26        has been placed on conditional discharge;
27             (s)  refrain  from  having  any contact, directly or
28        indirectly, with certain specified persons or  particular
29        types of persons, including but not limited to members of
30        street gangs and drug users or dealers;
31             (s-5)  undergo  a medical or other procedure to have
32        a tattoo symbolizing allegiance to a street gang  removed
33        from his or her body;
34             (t)  refrain  from  having  in  his  or her body the
 
SB629 Engrossed             -21-               LRB9208026ARsb
 1        presence of any illicit drug prohibited by  the  Cannabis
 2        Control  Act  or  the Illinois Controlled Substances Act,
 3        unless  prescribed  by  a  physician,  and  shall  submit
 4        samples of his or her blood or urine or both for tests to
 5        determine the presence of any illicit drug; or
 6             (u)  comply with other conditions as may be  ordered
 7        by the court.
 8        (3)  The  court  may  as  a  condition of probation or of
 9    conditional discharge require that a minor  found  guilty  on
10    any  alcohol,  cannabis,  or  controlled substance violation,
11    refrain from acquiring a driver's license during  the  period
12    of  probation  or  conditional discharge.  If the minor is in
13    possession of a permit or license, the court may require that
14    the minor refrain from driving or operating any motor vehicle
15    during the period  of  probation  or  conditional  discharge,
16    except  as  may  be  necessary  in  the course of the minor's
17    lawful employment.
18        (3.5)  The court shall, as a condition of probation or of
19    conditional discharge, require  that  a  minor  found  to  be
20    guilty  and  placed  on  probation for reasons that include a
21    violation of Section 3.02 of the Humane Care for Animals  Act
22    or  subsection  (d)  of  Section 21-1 of the Criminal Code of
23    1961 undergo medical or psychiatric treatment, rendered by  a
24    psychiatrist   or   psychological  treatment  rendered  by  a
25    clinical psychologist.  The condition may be in  addition  to
26    any other condition.
27        (4)  A  minor on probation or conditional discharge shall
28    be given a certificate  setting  forth  the  conditions  upon
29    which he or she is being released.
30        (5)  The  court  shall  impose  upon  a  minor  placed on
31    probation or conditional discharge, as  a  condition  of  the
32    probation  or  conditional  discharge,  a fee of $25 for each
33    month  of  probation  or  conditional  discharge  supervision
34    ordered by the court, unless after determining the  inability
 
SB629 Engrossed             -22-               LRB9208026ARsb
 1    of  the minor placed on probation or conditional discharge to
 2    pay the fee, the court assesses a lesser amount.   The  court
 3    may  not  impose the fee on a minor who is made a ward of the
 4    State under this Act while the minor is  in  placement.   The
 5    fee  shall  be  imposed  only  upon  a  minor who is actively
 6    supervised by the probation and  court  services  department.
 7    The  court may order the parent, guardian, or legal custodian
 8    of the minor to pay some or all of the  fee  on  the  minor's
 9    behalf.
10        (6)  The  General Assembly finds that in order to protect
11    the  public,  the  juvenile  justice   system   must   compel
12    compliance  with the conditions of probation by responding to
13    violations with swift,  certain,  and  fair  punishments  and
14    intermediate  sanctions.   The  Chief  Judge  of each circuit
15    shall adopt a system of  structured,  intermediate  sanctions
16    for  violations  of the terms and conditions of a sentence of
17    supervision, probation or conditional discharge,  under  this
18    Act.
19        The  court  shall provide as a condition of a disposition
20    of probation, conditional discharge, or supervision, that the
21    probation agency may invoke any sanction  from  the  list  of
22    intermediate  sanctions  adopted  by  the  chief judge of the
23    circuit court for violations of the terms and  conditions  of
24    the   sentence   of   probation,  conditional  discharge,  or
25    supervision, subject to the provisions of  Section  5-720  of
26    this Act.
27    (Source: P.A. 90-590, eff. 1-1-99; 91-98, eff. 1-1-00.)

28        Section  15.  The  Criminal  Code  of  1961 is amended by
29    changing Section 21-1 as follows:

30        (720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
31        Sec. 21-1.  Criminal damage to property.
32        (1)  A person commits an illegal act when he:
 
SB629 Engrossed             -23-               LRB9208026ARsb
 1             (a)  knowingly  damages  any  property  of   another
 2        without his consent; or
 3             (b)  recklessly   by  means  of  fire  or  explosive
 4        damages property of another; or
 5             (c)  knowingly starts a fire on the land of  another
 6        without his consent; or
 7             (d)  knowingly  injures a domestic animal of another
 8        without his consent; or
 9             (e)  knowingly  deposits  on  the  land  or  in  the
10        building of another, without his consent, any stink  bomb
11        or any offensive smelling compound and thereby intends to
12        interfere  with  the  use  by  another  of  the  land  or
13        building; or
14             (f)  damages  any  property, other than as described
15        in subsection (b) of Section 20-1, with intent to defraud
16        an insurer; or
17             (g)  knowingly shoots a firearm at any portion of  a
18        railroad train.
19        When  the charge of criminal damage to property exceeding
20    a specified value is brought, the extent of the damage is  an
21    element of the offense to be resolved by the trier of fact as
22    either exceeding or not exceeding the specified value.
23        (2)  The  acts described in items (a), (b), (c), (e), and
24    through (f)  are  Class  A  misdemeanors  if  the  damage  to
25    property does not exceed $300.  The act described in item (d)
26    is a Class 4 felony if the damage to property does not exceed
27    $300.   The acts described in items (a) through (f) are Class
28    4 felonies if the damage to property does not exceed $300  if
29    the  damage  occurs  to  property  of  a  school  or place of
30    worship.  The act described in item (g) is a Class 4  felony.
31    The  acts  described  in  items  (a)  through (f) are Class 4
32    felonies if the damage to property exceeds $300 but does  not
33    exceed  $10,000.  The acts described in items (a) through (f)
34    are Class 3 felonies if the damage to property  exceeds  $300
 
SB629 Engrossed             -24-               LRB9208026ARsb
 1    but  does not exceed $10,000 if the damage occurs to property
 2    of a school or place of worship.  The acts described in items
 3    (a) through (f)  are  Class  3  felonies  if  the  damage  to
 4    property  exceeds  $10,000 but does not exceed $100,000.  The
 5    acts described in items (a) through (f) are Class 2  felonies
 6    if the damage to property exceeds $10,000 but does not exceed
 7    $100,000  if  the  damage  occurs  to property of a school or
 8    place of worship.  The acts described in  items  (a)  through
 9    (f)  are  Class  2 felonies if the damage to property exceeds
10    $100,000.  The acts described in items (a)  through  (f)  are
11    Class  1  felonies if the damage to property exceeds $100,000
12    and the damage occurs to property of a  school  or  place  of
13    worship.   If  the  damage  to  property exceeds $10,000, the
14    court shall impose upon the offender  a  fine  equal  to  the
15    value of the damages to the property.
16        (3)  In  addition  to  any  other  sentence  that  may be
17    imposed, a court shall order any person convicted of criminal
18    damage to property to perform community service for not  less
19    than  30 and not more than 120 hours, if community service is
20    available in the jurisdiction and is funded and  approved  by
21    the  county  board  of  the  county  where  the  offense  was
22    committed.  In  addition,  whenever  any  person is placed on
23    supervision for an alleged offense under  this  Section,  the
24    supervision  shall be conditioned upon the performance of the
25    community service.
26        This subsection does not apply when the court  imposes  a
27    sentence of incarceration.
28    (Source: P.A. 91-360, eff. 7-29-99.)

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