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Public Act 097-1108
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HB2582 Enrolled | LRB097 07362 RLC 47471 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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ARTICLE 5.
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Section 5-5. The Statute on Statutes is amended by adding |
Section 1.39 as follows:
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(5 ILCS 70/1.39 new) |
Sec. 1.39. Criminal Code of 2012. Whenever there is a |
reference in any Act to the Criminal Code or Criminal Code of |
1961, that reference shall be interpreted to mean the Criminal |
Code of 2012.
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ARTICLE 10.
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Section 10-5. The Criminal Code of 1961 is amended by |
changing Sections 1-1, 12-7.1, 12-36, 16-18, 18-1, 18-3, 18-4, |
19-1, 19-2, 19-3, 19-4, 20-1, 20-2, 21-1, 21-1.2, 21-1.3, |
21-1.4, 21-2, 21-3, 21-5, 21-7, 21-8, 21-9, 21-10, 21.1-2, |
21.2-2, 25-1, 25-4, 25-5, 26-1, 26-2, 26-3, 28-1, 28-1.1, 30-2, |
31A-1.1, 31A-1.2, 32-1, 32-2, 32-3, 32-4b, 32-4c, 32-4d, 32-7, |
32-8, 32-9, 32-10, 33-1, 33E-11, 33E-14, 33E-15, 33E-16, and |
33E-18 and by changing and renumbering Sections 12-11, 12-11.1, |
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21-4, and 26-5 and by adding the headings of Subdivisions 1, 5, |
and 10 of Article 21 and Sections 2-11.1, 21-11, 26-4.5, 26-7, |
31A-0.1, 32-15, and 33-8 and by adding Articles 24.8, 26.5, 48 |
and 49 as follows:
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(720 ILCS 5/1-1) (from Ch. 38, par. 1-1)
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Sec. 1-1.
Short
title.
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This Act shall be known and may be cited as the Criminal |
Code of 2012. "Criminal Code of 1961".
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(Source: Laws 1961, p. 1983.)
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(720 ILCS 5/2-11.1 new) |
Sec. 2-11.1. "Motor vehicle". "Motor vehicle" has the |
meaning ascribed to it in the Illinois Vehicle Code.
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(720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
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Sec. 12-7.1. Hate crime.
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(a) A person commits hate crime when, by reason of the |
actual or
perceived race, color, creed, religion, ancestry, |
gender, sexual orientation,
physical or mental disability, or |
national origin of another individual or
group of individuals, |
regardless of the existence of any other motivating
factor or |
factors, he commits assault, battery, aggravated assault, |
misdemeanor
theft, criminal trespass to residence, misdemeanor |
criminal damage
to property, criminal trespass to vehicle, |
criminal trespass to real property,
mob action , or disorderly |
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conduct , harassment by telephone, or harassment through |
electronic
communications as these crimes are defined in |
Sections 12-1,
12-2, 12-3(a), 16-1, 19-4, 21-1, 21-2, 21-3, |
25-1, and 26-1 , 26.5-2, and paragraphs (a)(2) and (a)(5) of |
Section 26.5-3 of this Code,
respectively , or harassment by |
telephone as defined in Section 1-1 of the
Harassing and |
Obscene Communications Act, or harassment through electronic
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communications as defined in clauses (a)(2) and (a)(4) of |
Section 1-2 of the Harassing and
Obscene Communications Act .
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(b) Except as provided in subsection (b-5), hate crime is a |
Class 4
felony for a first offense and a Class 2 felony for a |
second or subsequent
offense.
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(b-5) Hate crime is a Class 3 felony for a first offense |
and a Class 2
felony for a second or subsequent offense if |
committed:
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(1) in a church, synagogue, mosque, or other building, |
structure, or place
used for religious worship or other |
religious purpose;
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(2) in a cemetery, mortuary, or other facility used for |
the purpose of
burial or memorializing the dead;
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(3) in a school or other educational facility, |
including an administrative facility or public or private |
dormitory facility of or associated with the school or |
other educational facility;
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(4) in a public park or an ethnic or religious |
community center;
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(5) on the real property comprising any location |
specified in
clauses (1) through (4) of this subsection |
(b-5); or
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(6) on a public way within 1,000 feet of the real |
property comprising any
location specified in clauses (1) |
through (4) of this subsection (b-5).
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(b-10) Upon imposition of any sentence,
the trial
court |
shall also either order restitution paid to the victim
or |
impose a fine up to $1,000. In addition, any order of probation |
or
conditional discharge entered following a conviction or an |
adjudication of
delinquency shall include a condition that the |
offender perform public or
community service of no less than |
200 hours if that service is established in
the county where |
the offender was convicted of hate crime. In addition, any |
order of probation or
conditional discharge entered following a |
conviction or an adjudication of
delinquency shall include a |
condition that the offender enroll in an educational program |
discouraging hate crimes if the offender caused criminal damage
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to property consisting of religious fixtures, objects, or |
decorations. The educational program may be administered, as |
determined by the court, by a university, college, community |
college, non-profit organization, or the Holocaust and |
Genocide Commission. Nothing in this subsection (b-10) |
prohibits courses discouraging hate crimes from being made |
available online. The court may also
impose any other condition |
of probation or conditional discharge under this
Section.
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(c) Independent of any criminal prosecution or the result
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thereof, any
person suffering injury to his person or damage to |
his property as a result
of hate crime may bring a civil action |
for damages, injunction
or other appropriate relief. The court |
may award actual damages, including
damages for emotional |
distress, or punitive damages. A judgment may include
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attorney's fees and costs. The parents or legal guardians, |
other than
guardians appointed pursuant to the Juvenile Court |
Act or the Juvenile
Court Act of 1987, of an unemancipated |
minor shall be liable for the amount
of any judgment for actual |
damages rendered against such minor under this
subsection (c) |
in any amount not exceeding the amount provided under
Section 5 |
of the Parental Responsibility Law.
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(d) "Sexual orientation" means heterosexuality, |
homosexuality,
or bisexuality.
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(Source: P.A. 96-1551, eff. 7-1-11; 97-161, eff. 1-1-12; |
revised 9-19-11.)
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(720 ILCS 5/12-36) |
Sec. 12-36. Possession of unsterilized or vicious dogs by |
felons prohibited. |
(a) For a period of 10 years commencing upon the release of |
a person from incarceration, it is unlawful for a person |
convicted of a forcible felony, a felony violation of the |
Humane Care for Animals Act, a felony violation of Section 26-5 |
or 48-1 of this Code, a felony violation of Article 24 of this |
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Code, a felony violation of Class 3 or higher of the Illinois |
Controlled Substances Act, a felony violation of Class 3 or |
higher of the Cannabis Control Act, or a felony violation of |
Class 2 or higher of the Methamphetamine Control and Community |
Protection Act, to knowingly own, possess, have custody of, or |
reside in a residence with, either: |
(1) an unspayed or unneutered dog or puppy older than |
12 weeks of age; or |
(2) irrespective of whether the dog has been spayed or |
neutered, any dog that has been determined to be a vicious |
dog under Section 15 of the Animal Control Act. |
(b) Any dog owned, possessed by, or in the custody of a |
person convicted of a felony, as described in subsection (a), |
must be microchipped for permanent identification. |
(c) Sentence. A person who violates this Section is guilty |
of a Class A misdemeanor. |
(d) It is an affirmative defense to prosecution under this |
Section that the dog in question is neutered or spayed, or that |
the dog in question was neutered or spayed within 7 days of the |
defendant being charged with a violation of this Section. |
Medical records from, or the certificate of, a doctor of |
veterinary medicine licensed to practice in the State of |
Illinois who has personally examined or operated upon the dog, |
unambiguously indicating whether the dog in question has been |
spayed or neutered, shall be prima facie true and correct, and |
shall be sufficient evidence of whether the dog in question has |
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been spayed or neutered. This subsection (d) is not applicable |
to any dog that has been determined to be a vicious dog under |
Section 15 of the Animal Control Act.
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(Source: P.A. 96-185, eff. 1-1-10.)
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(720 ILCS 5/16-18)
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Sec. 16-18. Tampering with communication services; theft |
of communication services. |
(a) Injury to wires or obtaining service with intent to |
defraud. A person commits injury to wires or obtaining service |
with intent to defraud when he or she knowingly: |
(1) displaces, removes, injures or destroys any |
telegraph or telephone line, wire, cable, pole or conduit, |
belonging to another, or the material or property |
appurtenant thereto; or |
(2) cuts, breaks, taps, or makes any connection with |
any telegraph or telephone line, wire, cable or instrument |
belonging to another; or |
(3) reads, takes or copies any message, communication |
or report intended for another passing over any such |
telegraph line, wire or cable in this State; or |
(4) prevents, obstructs or delays by any means or |
contrivance whatsoever, the sending, transmission, |
conveyance or delivery in this State of any message, |
communication or report by or through any telegraph or |
telephone line, wire or cable; or |
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(5) uses any apparatus to unlawfully do or cause to be |
done any of the acts described in subdivisions (a)(1) |
through (a)(4) of this Section; or |
(6) obtains, or attempts to obtain, any |
telecommunications service with the intent to deprive any |
person of the lawful charge, in whole or in part, for any |
telecommunications service: |
(A) by charging such service to an existing |
telephone number without the authority of the |
subscriber thereto; or |
(B) by charging such service to a nonexistent, |
false, fictitious, or counterfeit telephone number or |
to a suspended, terminated, expired, canceled, or |
revoked telephone number; or |
(C) by use of a code, prearranged scheme, or other |
similar stratagem or device whereby said person, in |
effect, sends or receives information; or |
(D) by publishing the number or code of an |
existing, canceled, revoked or nonexistent telephone |
number, credit number or other credit device or method |
of numbering or coding which is employed in the |
issuance of telephone numbers, credit numbers or other |
credit devices which may be used to avoid the payment |
of any lawful telephone toll charge; or |
(E) by any other trick, stratagem, impersonation, |
false pretense, false representation, false statement, |
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contrivance, device, or means. |
(b) Theft of communication services. A person commits theft |
of communication services when he or she knowingly: |
(1) obtains or uses a communication service without the |
authorization of, or compensation paid to, the |
communication service provider; |
(2) possesses, uses, manufactures, assembles, |
distributes, leases, transfers, or sells, or offers, |
promotes or advertises for sale, lease, use, or |
distribution, an unlawful communication device: |
(A) for the commission of a theft of a |
communication service or to receive, disrupt, |
transmit, decrypt, or acquire, or facilitate the |
receipt, disruption, transmission, decryption or |
acquisition, of any communication service without the |
express consent or express authorization of the |
communication service provider; or |
(B) to conceal or to assist another to conceal from |
any communication service provider or from any lawful |
authority the existence or place of origin or |
destination of any communication; |
(3) modifies, alters, programs or reprograms a |
communication device for the purposes described in |
subdivision (2)(A) or (2)(B); |
(4) possesses, uses, manufactures, assembles, leases, |
distributes, sells, or transfers, or offers, promotes or |
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advertises for sale, use or distribution, any unlawful |
access device; or |
(5) possesses, uses, prepares, distributes, gives or |
otherwise transfers to another or offers, promotes, or |
advertises for sale, use or distribution, any: |
(A) plans or instructions for making or assembling |
an unlawful communication or access device, with the |
intent to use or employ the unlawful communication or |
access device, or to allow the same to be used or |
employed, for a purpose prohibited by this subsection |
(b), or knowing or having reason to know that the plans |
or instructions are intended to be used for |
manufacturing or assembling the unlawful communication |
or access device for a purpose prohibited by this |
subsection (b); or |
(B) material, including hardware, cables, tools, |
data, computer software or other information or |
equipment, knowing that the purchaser or a third person |
intends to use the material in the manufacture or |
assembly of an unlawful communication or access device |
for a purpose prohibited by this subsection (b). |
(c) Sentence. |
(1) A violation of subsection (a) is a Class A |
misdemeanor; provided, however, that any of the following |
is a Class 4 felony: |
(A) a second or subsequent conviction for a |
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violation of subsection (a); or |
(B) an offense committed for remuneration; or |
(C) an offense involving damage or destruction of |
property in an amount in excess of $300 or defrauding |
of services in excess of $500. |
(2) A violation of subsection (b) is a Class A |
misdemeanor, except that: |
(A) A violation of subsection (b) is a Class 4 |
felony if: |
(i) the violation of subsection (b) involves |
at least 10, but not more than 50, unlawful |
communication or access devices; or |
(ii) the defendant engages in conduct |
identified in subdivision (b)(3) of this Section |
with the intention of substantially disrupting and |
impairing the ability of a communication service |
provider to deliver communication services to its |
lawful customers or subscribers; or |
(iii) the defendant at the time of the |
commission of the offense is a pre-trial detainee |
at a penal institution or is serving a sentence at |
a penal institution; or |
(iv) the defendant at the time of the |
commission of the offense is a pre-trial detainee |
at a penal institution or is serving a sentence at |
a penal institution and uses any means of |
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electronic communication as defined in Section |
26.5-0.1 of this Code the Harassing and Obscene |
Communications Act for fraud, theft, theft by |
deception, identity theft, or any other unlawful |
purpose; or |
(v) the aggregate value of the service |
obtained is $300 or more; or |
(vi) the violation is for a wired |
communication service or device and the defendant |
has been convicted previously for an offense under |
subsection (b) or for any other type of theft, |
robbery, armed robbery, burglary, residential |
burglary, possession of burglary tools, home |
invasion, or fraud, including violations of the |
Cable Communications Policy Act of 1984 in this or |
any federal or other state jurisdiction. |
(B) A violation of subsection (b) is a Class 3 |
felony if: |
(i) the violation of subsection (b) involves |
more than 50 unlawful communication or access |
devices; or |
(ii) the defendant at the time of the |
commission of the offense is a pre-trial detainee |
at a penal institution or is serving a sentence at |
a penal institution and has been convicted |
previously of an offense under subsection (b) |
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committed by the defendant while serving as a |
pre-trial detainee in a penal institution or while |
serving a sentence at a penal institution; or |
(iii) the defendant at the time of the |
commission of the offense is a pre-trial detainee |
at a penal institution or is serving a sentence at |
a penal institution and has been convicted |
previously of an offense under subsection (b) |
committed by the defendant while serving as a |
pre-trial detainee in a penal institution or while |
serving a sentence at a penal institution and uses |
any means of electronic communication as defined |
in Section 26.5-0.1 of this Code the Harassing and |
Obscene Communications Act for fraud, theft, theft |
by deception, identity theft, or any other |
unlawful purpose; or |
(iv) the violation is for a wired |
communication service or device and the defendant |
has been convicted previously on 2 or more |
occasions for offenses under subsection (b) or for |
any other type of theft, robbery, armed robbery, |
burglary, residential burglary, possession of |
burglary tools, home invasion, or fraud, including |
violations of the Cable Communications Policy Act |
of 1984 in this or any federal or other state |
jurisdiction. |
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(C) A violation of subsection (b) is a Class 2 |
felony if the violation is for a wireless communication |
service or device and the defendant has been convicted |
previously for an offense under subsection (b) or for |
any other type of theft, robbery, armed robbery, |
burglary, residential burglary, possession of burglary |
tools, home invasion, or fraud, including violations |
of the Cable Communications Policy Act of 1984 in this |
or any federal or other state jurisdiction. |
(3) Restitution. The court shall, in addition to any |
other sentence authorized by law, sentence a person |
convicted of violating subsection (b) to make restitution |
in the manner provided in Article 5 of Chapter V of the |
Unified Code of Corrections. |
(d) Grading of offense based on prior convictions. For |
purposes of grading an offense based upon a prior conviction |
for an offense under subsection (b) or for any other type of |
theft, robbery, armed robbery, burglary, residential burglary, |
possession of burglary tools, home invasion, or fraud, |
including violations of the Cable Communications Policy Act of |
1984 in this or any federal or other state jurisdiction under |
subdivisions (c)(2)(A)(i) and (c)(2)(B)(i) of this Section, a |
prior conviction shall consist of convictions upon separate |
indictments or criminal complaints for offenses under |
subsection (b) or for any other type of theft, robbery, armed |
robbery, burglary, residential burglary, possession of |
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burglary tools, home invasion, or fraud, including violations |
of the Cable Communications Policy Act of 1984 in this or any |
federal or other state jurisdiction. |
(e) Separate offenses. For purposes of all criminal |
penalties or fines established for violations of subsection |
(b), the prohibited activity established in subsection (b) as |
it applies to each unlawful communication or access device |
shall be deemed a separate offense. |
(f) Forfeiture of unlawful communication or access |
devices. Upon conviction of a defendant under subsection (b), |
the court may, in addition to any other sentence authorized by |
law, direct that the defendant forfeit any unlawful |
communication or access devices in the defendant's possession |
or control which were involved in the violation for which the |
defendant was convicted. |
(g) Venue. An offense under subsection (b) may be deemed to |
have been committed at either the place where the defendant |
manufactured or assembled an unlawful communication or access |
device, or assisted others in doing so, or the place where the |
unlawful communication or access device was sold or delivered |
to a purchaser or recipient. It is not a defense to a violation |
of subsection (b) that some of the acts constituting the |
offense occurred outside of the State of Illinois. |
(h) Civil action. For purposes of subsection (b): |
(1) Bringing a civil action. Any person aggrieved by a |
violation may bring a civil action in any court of |
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competent jurisdiction. |
(2) Powers of the court. The court may: |
(A) grant preliminary and final injunctions to |
prevent or restrain violations without a showing by the |
plaintiff of special damages, irreparable harm or |
inadequacy of other legal remedies; |
(B) at any time while an action is pending, order |
the impounding, on such terms as it deems reasonable, |
of any unlawful communication or access device that is |
in the custody or control of the violator and that the |
court has reasonable cause to believe was involved in |
the alleged violation; |
(C) award damages as described in subdivision |
(h)(3); |
(D) award punitive damages; |
(E) in its discretion, award reasonable attorney's |
fees and costs, including, but not limited to, costs |
for investigation, testing and expert witness fees, to |
an aggrieved party who prevails; and |
(F) as part of a final judgment or decree finding a |
violation, order the remedial modification or |
destruction of any unlawful communication or access |
device involved in the violation that is in the custody |
or control of the violator or has been impounded under |
subdivision (h)(2)(B). |
(3) Types of damages recoverable. Damages awarded by a |
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court under this Section shall be computed as either of the |
following: |
(A) Upon his or her election of such damages at any |
time before final judgment is entered, the complaining |
party may recover the actual damages suffered by him or |
her as a result of the violation and any profits of the |
violator that are attributable to the violation and are |
not taken into account in computing the actual damages; |
in determining the violator's profits, the complaining |
party shall be required to prove only the violator's |
gross revenue, and the violator shall be required to |
prove his or her deductible expenses and the elements |
of profit attributable to factors other than the |
violation; or |
(B) Upon election by the complaining party at any |
time before final judgment is entered, that party may |
recover in lieu of actual damages an award of statutory |
damages of not less than $250 and not more than $10,000 |
for each unlawful communication or access device |
involved in the action, with the amount of statutory |
damages to be determined by the court, as the court |
considers just. In any case, if the court finds that |
any of the violations were committed with the intent to |
obtain commercial advantage or private financial gain, |
the court in its discretion may increase the award of |
statutory damages by an amount of not more than $50,000 |
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for each unlawful communication or access device |
involved in the action. |
(4) Separate violations. For purposes of all civil |
remedies established for violations, the prohibited |
activity established in this Section applies to each |
unlawful communication or access device and shall be deemed |
a separate violation.
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(Source: P.A. 97-597, eff. 1-1-12.)
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(720 ILCS 5/18-1) (from Ch. 38, par. 18-1)
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Sec. 18-1. Robbery ; aggravated robbery .
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(a) Robbery. A person commits robbery when he or she |
knowingly takes property, except a
motor vehicle covered by |
Section 18-3 or 18-4,
from the person or presence of another by |
the use of force or by
threatening the imminent use of force.
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(b) Aggravated robbery. |
(1) A person commits aggravated robbery when he or she |
violates subsection (a) while indicating verbally or by his |
or her actions to the
victim that he or she is presently |
armed with a firearm or other dangerous
weapon, including a |
knife, club, ax, or bludgeon. This offense shall be
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applicable even though it is later determined that he or |
she had no firearm or
other dangerous weapon, including a |
knife, club, ax, or bludgeon, in
his or her possession when |
he or she committed the robbery. |
(2) A person commits aggravated robbery when he or she |
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knowingly takes property
from the person or presence of |
another by delivering (by injection, inhalation,
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ingestion, transfer of possession, or any other means) to |
the victim without
his or her consent, or by threat or |
deception,
and for other than medical
purposes, any
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controlled substance. |
(c) Sentence.
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Robbery is a Class 2 felony . However , unless if the victim |
is 60 years of age
or over or is a physically handicapped |
person, or if the robbery is
committed
in a school, day care |
center, day care home, group day care home, or part day child |
care facility, or place of worship, in which case robbery is a |
Class 1 felony. Aggravated robbery is a Class 1 felony.
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(d) (c) Regarding penalties prescribed in subsection
(c) |
(b) for violations committed in a day care center, day care |
home, group day care home, or part day child care facility, the |
time of day, time of year, and whether
children under 18 years |
of age were present in the day care center, day care home, |
group day care home, or part day child care facility are |
irrelevant. |
(Source: P.A. 96-556, eff. 1-1-10.)
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(720 ILCS 5/18-3)
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Sec. 18-3. Vehicular hijacking.
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(a) A person commits vehicular hijacking when he or she |
knowingly takes a motor
vehicle from the person or the |
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immediate presence of another by the use of
force or by |
threatening the imminent use of force.
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(b) For the purposes of this Article, the term "motor |
vehicle" shall have
the meaning ascribed to it in the Illinois |
Vehicle Code.
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(c) Sentence. Vehicular hijacking is a Class 1 felony.
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(Source: P.A. 88-351; 88-670, eff. 12-2-94.)
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(720 ILCS 5/18-4)
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Sec. 18-4. Aggravated vehicular hijacking.
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(a) A person commits aggravated vehicular hijacking when he |
or she violates
Section 18-3; and
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(1) the person from whose immediate presence the motor |
vehicle is
taken is a physically handicapped person or a |
person 60 years of age or over;
or
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(2) a person under 16 years of age is a passenger in |
the motor vehicle at
the time of the offense; or
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(3) he or she carries on or about his or her person, or |
is otherwise armed
with a dangerous weapon, other than a |
firearm; or
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(4) he or she carries on or about his or her person or |
is otherwise armed
with a firearm; or
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(5) he or she, during the commission of the offense, |
personally discharges
a firearm; or
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(6) he or she, during the commission of the offense, |
personally discharges
a firearm that proximately causes |
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great bodily harm, permanent disability,
permanent |
disfigurement, or death to another person.
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(b) Sentence. Aggravated vehicular hijacking in violation |
of subsections
(a)(1) or (a)(2) is a Class X felony.
A |
Aggravated vehicular hijacking in violation of subsection |
(a)(3) is a Class X
felony for which a term of imprisonment of |
not less than 7 years shall be
imposed.
A Aggravated vehicular |
hijacking in violation of subsection (a)(4) is a Class X
felony |
for which 15 years shall be added to the term of imprisonment |
imposed by
the court. A Aggravated vehicular hijacking in |
violation of subsection (a)(5) is
a Class X felony for which 20 |
years shall be added to the term of imprisonment
imposed by the |
court. A Aggravated vehicular hijacking in violation of |
subsection
(a)(6) is a Class X felony for which 25 years or up |
to a term of natural life
shall be added to the term of |
imprisonment imposed by the court.
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(Source: P.A. 91-404, eff. 1-1-00 .)
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(720 ILCS 5/18-6 new)
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Sec. 18-6 12-11.1 . Vehicular invasion.
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(a) A person commits vehicular
invasion when he or she who |
knowingly, by force and without lawful justification,
enters or |
reaches into the interior of a motor vehicle as defined in
The |
Illinois Vehicle Code while the such motor vehicle is occupied |
by another
person or persons, with the intent to commit therein |
a theft or felony.
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(b) Sentence. Vehicular invasion is a Class 1 felony.
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(Source: P.A. 86-1392.)
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(720 ILCS 5/19-1) (from Ch. 38, par. 19-1)
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Sec. 19-1. Burglary.
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(a) A person commits burglary when without authority he or |
she knowingly enters
or without authority remains within a |
building, housetrailer, watercraft,
aircraft, motor vehicle as |
defined in the Illinois Vehicle Code , railroad
car, or any part |
thereof, with intent to commit therein a felony or theft.
This |
offense shall not include the offenses set out in Section 4-102 |
of the
Illinois Vehicle Code.
|
(b) Sentence.
|
Burglary is a Class 2 felony. A burglary committed in a |
school, day care center, day care home, group day care home, or |
part day child care facility, or place of
worship is a
Class 1 |
felony, except that this provision does not apply to a day care |
center, day care home, group day care home, or part day child |
care facility operated in a private residence used as a |
dwelling.
|
(c) Regarding penalties prescribed in subsection
(b) for |
violations committed in a day care center, day care home, group |
day care home, or part day child care facility, the time of |
day, time of year, and whether children under 18 years of age |
were present in the day care center, day care home, group day |
care home, or part day child care facility are irrelevant. |
|
(Source: P.A. 96-556, eff. 1-1-10.)
|
(720 ILCS 5/19-2) (from Ch. 38, par. 19-2)
|
Sec. 19-2. Possession of burglary tools.
|
(a) A person commits
the offense of possession of burglary |
tools when he
or she possesses any key, tool, instrument, |
device, or any explosive, suitable for
use in breaking into a |
building, housetrailer, watercraft, aircraft, motor
vehicle as |
defined in The Illinois Vehicle Code , railroad car, or any
|
depository designed for the safekeeping of property, or any |
part thereof,
with intent to enter that any such place and with |
intent to commit therein a
felony or theft. The trier of fact |
may infer from the possession of a key designed for lock |
bumping an intent to commit a felony or theft; however, this |
inference does not apply to any peace officer or other employee |
of a law enforcement agency, or to any person or agency |
licensed under the Private Detective, Private Alarm, Private |
Security, Fingerprint Vendor, and Locksmith Act of 2004. For |
the purposes of this Section, "lock bumping" means a lock |
picking technique for opening a pin tumbler lock using a |
specially-crafted bumpkey. |
(b) Sentence.
|
Possession of burglary tools in violation of this Section |
is a Class 4
felony.
|
(Source: P.A. 95-883, eff. 1-1-09.)
|
|
(720 ILCS 5/19-3) (from Ch. 38, par. 19-3) |
Sec. 19-3. Residential burglary. |
(a) A person commits
residential burglary when he or she |
who knowingly and without authority enters or knowingly
and |
without authority remains within the
dwelling place of another, |
or any part thereof, with the intent to commit
therein a felony |
or theft. This offense includes the offense of
burglary as |
defined in Section 19-1. |
(a-5) A person commits
residential burglary when he or she |
who falsely represents himself or herself, including but not |
limited to falsely representing himself or herself to be a |
representative of any unit of government or a construction, |
telecommunications, or utility company, for the purpose of |
gaining entry to the dwelling place of another, with the intent |
to commit
therein a felony or theft or to facilitate the |
commission therein of a felony or theft by another. |
(b) Sentence. Residential burglary is a Class 1 felony. |
(Source: P.A. 96-1113, eff. 1-1-11.)
|
(720 ILCS 5/19-4) (from Ch. 38, par. 19-4)
|
Sec. 19-4. Criminal trespass to a residence.
|
(a) (1) A person commits the
offense of criminal trespass |
to a residence when, without authority, he
or she knowingly |
enters or remains within any residence, including a house |
trailer that is the dwelling place of another .
|
(2) A person commits the offense of criminal trespass to a |
|
residence when,
without authority, he or she knowingly enters |
the residence of another and
knows or has
reason to know that |
one or more persons is present or he or she knowingly
enters |
the
residence of another and remains in the residence after he |
or she knows or has
reason to
know that one or more persons is |
present.
|
(3) For purposes of this Section, in the case of a |
multi-unit
residential building
or complex, "residence" shall |
only include the portion of the building or
complex which is |
the actual dwelling place of any person and shall not include
|
such places as common recreational areas or lobbies.
|
(b) Sentence.
|
(1) Criminal trespass to a residence under paragraph |
(1) of
subsection (a) is a Class A misdemeanor.
|
(2) Criminal trespass to a residence under paragraph |
(2) of subsection
(a) is a Class 4 felony.
|
(Source: P.A. 91-895, eff. 7-6-00.)
|
(720 ILCS 5/19-6 new) |
Sec. 19-6 12-11 . Home Invasion. |
(a) A person who is not a peace officer acting
in the line |
of duty commits home invasion when
without authority he or she |
knowingly enters the dwelling place of another when
he or she |
knows or has reason to know that one or more persons is present
|
or he or she knowingly enters the dwelling place of another and |
remains
in the such dwelling place until he or she knows or has |
|
reason to know that one
or more persons is present or who |
falsely represents himself or herself, including but not |
limited to, falsely representing himself or herself to be a |
representative of any unit of government or a construction, |
telecommunications, or utility company, for the purpose of |
gaining entry to the dwelling place of another when he or she |
knows or has reason to know that one or more persons are |
present and |
(1) While armed with a dangerous weapon, other than a |
firearm, uses
force or threatens the
imminent
use of force |
upon any person or persons within the such dwelling place |
whether
or not injury occurs, or |
(2) Intentionally causes any injury, except as |
provided in subsection
(a)(5), to any person or persons |
within the such dwelling place, or |
(3) While armed with a firearm uses force or threatens |
the imminent use of
force upon any person or persons within |
the such dwelling place whether or not
injury occurs, or |
(4) Uses force or threatens the imminent use of force |
upon any person or
persons within the such dwelling place |
whether or not injury occurs and during the
commission of |
the offense personally discharges a firearm, or |
(5) Personally discharges a firearm that proximately |
causes great bodily
harm, permanent disability, permanent |
disfigurement, or death to another
person within the such |
dwelling place, or |
|
(6) Commits, against any person or persons within that |
dwelling place, a
violation of Section 11-1.20, 11-1.30, |
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, |
or 12-16 of the Criminal
Code of 1961. |
(b) It is an affirmative defense to a charge of home |
invasion that
the accused who knowingly enters the dwelling |
place of another and remains
in the such dwelling place until |
he or she knows or has reason to know that one
or more persons |
is present either immediately leaves the such premises or
|
surrenders to the person or persons lawfully present therein |
without either
attempting to cause or causing serious bodily |
injury to any person present
therein. |
(c) Sentence. Home invasion in violation of subsection |
(a)(1),
(a)(2) or (a)(6) is a Class X felony.
A violation of |
subsection (a)(3) is a Class X felony for
which 15 years shall |
be added to the term of imprisonment imposed by the
court. A |
violation of subsection (a)(4) is a Class X felony for which 20 |
years
shall be added to the term of imprisonment imposed by the |
court. A violation of
subsection (a)(5) is a Class X felony for |
which 25 years or up to a term of
natural life shall be added to |
the term of imprisonment imposed by the court. |
(d) For purposes of this Section, "dwelling place of |
another" includes
a dwelling place where the defendant
|
maintains a tenancy interest but from which the defendant has |
been barred by a
divorce decree, judgment of dissolution of |
marriage, order of protection, or
other court order. |
|
(Source: P.A. 96-1113, eff. 1-1-11; 96-1551, eff. 7-1-11 .)
|
(720 ILCS 5/20-1) (from Ch. 38, par. 20-1)
|
Sec. 20-1. Arson ; residential arson; place of worship |
arson .
|
(a) A person commits arson when, by means of fire or |
explosive, he or she
knowingly:
|
(1) (a) Damages any real property, or any personal property |
having a value
of $150 or more, of another without his or her |
consent; or
|
(2) (b) With intent to defraud an insurer, damages any |
property or any
personal property having a value of $150 or |
more.
|
Property "of another" means a building or other property, |
whether real
or personal, in which a person other than the |
offender has an interest
which the offender has no authority to |
defeat or impair, even though the
offender may also have an |
interest in the building or property.
|
(b) A person commits residential arson when he or she, in |
the course of committing arson, knowingly damages, partially or |
totally, any building or structure that is the dwelling place |
of another. |
(b-5) A person commits place of worship arson when he or |
she, in the course of committing arson, knowingly damages, |
partially or totally, any place of worship. |
(c) Sentence.
|
|
Arson is a Class 2 felony. Residential arson or place of |
worship arson is a Class 1 felony.
|
(Source: P.A. 77-2638.)
|
(720 ILCS 5/20-2) (from Ch. 38, par. 20-2)
|
Sec. 20-2. Possession of explosives or explosive or |
incendiary devices.
|
(a) A person commits the offense of possession of |
explosives or
explosive or incendiary devices in violation of |
this Section when he or she
possesses, manufactures or |
transports
any explosive compound, timing or detonating device |
for use with any explosive
compound or incendiary device
and |
either intends to use the such explosive or device to commit |
any offense or
knows that another intends to use the such |
explosive or device to commit a
felony.
|
(b) Sentence.
|
Possession of explosives or explosive or incendiary |
devices in violation
of this Section is a Class 1 felony for |
which a person, if
sentenced to a term of imprisonment, shall |
be sentenced to not less than 4
years and not more than 30 |
years.
|
(c) (Blank).
|
(Source: P.A. 93-594, eff. 1-1-04; 94-556, eff. 9-11-05.)
|
(720 ILCS 5/Art. 21, Subdiv. 1 heading new) |
SUBDIVISION 1. DAMAGE TO PROPERTY
|
|
(720 ILCS 5/21-1) (from Ch. 38, par. 21-1)
|
Sec. 21-1. Criminal damage to property.
|
(a) (1) A person commits criminal damage to property an |
illegal act when he or she :
|
(1) (a) knowingly damages any property of another;
or
|
(2) (b) recklessly by means of fire or explosive |
damages property of
another; or
|
(3) (c) knowingly starts a fire on the land of another; |
or
|
(4) (d) knowingly injures a domestic animal of another |
without his
or her consent; or
|
(5) (e) knowingly deposits on the land or in the |
building of another any stink bomb or any offensive |
smelling compound
and thereby intends to interfere with the |
use by another of the land or
building; or
|
(6) knowingly (f) damages any property, other than as |
described in paragraph (2) of subsection (a) (b) of
Section |
20-1, with intent to defraud an insurer; or
|
(7) (g) knowingly shoots a firearm at any portion of a |
railroad train ; |
(8) knowingly, without proper authorization, cuts, |
injures, damages, defaces, destroys, or tampers with any |
fire hydrant or any public or private fire fighting |
equipment, or any apparatus appertaining to fire fighting |
equipment; or |
|
(9) intentionally, without proper authorization, opens |
any fire hydrant .
|
(b) When the charge of criminal damage to property |
exceeding a specified
value is brought, the extent of the |
damage is an element of the offense to
be resolved by the trier |
of fact as either exceeding or not exceeding
the specified |
value.
|
(c) It is an affirmative defense to a violation of |
paragraph (1), (3), or (5) of subsection (a) item (a), (c), or |
(e) of this Section that the owner of the property or land |
damaged consented to the such damage.
|
(d) Sentence. (2) |
(1) A violation of subsection (a) shall have the |
following penalties: |
(A) A violation of paragraph (8) or (9) is a Class |
B misdemeanor. |
(B) A violation of paragraph (1), (2), (3), (5), or |
(6) is a The acts described in items (a), (b), (c), |
(e), and (f)
are Class
A misdemeanor misdemeanors when |
if the damage to property does not exceed $300. |
(C) A violation of paragraph (1), (2), (3), (5), |
or (6) is a The acts
described in items (a), (b), (c), |
(e), and (f) are Class 4
felony when felonies if the |
damage to
property does not exceed $300 and if the |
damage occurs to property of a school
or
place of |
worship or to farm equipment or immovable items of |
|
agricultural
production, including
but not
limited to |
grain elevators, grain bins, and barns. |
(D) A violation of paragraph (4) The act described |
in item (d) is a Class 4
felony when if the
damage to |
property does not exceed $10,000. |
(E) A violation of paragraph (7) The act
described |
in item (g) is a Class 4 felony. |
(F) A violation of paragraph (1), (2), (3), (5) or |
(6) is a The acts described in items (a),
(b), (c), |
(e), and (f) are Class 4 felony when felonies if the |
damage to property
exceeds $300 but does not exceed |
$10,000. |
(G) A violation of paragraphs (1) through (6) is a |
The acts described in items (a)
through (f) are Class 3 |
felony when felonies if the damage to property exceeds |
$300 but
does not exceed $10,000 and if the damage |
occurs to property of a school
or place
of worship or |
to farm equipment or immovable items of agricultural
|
production,
including
but not
limited to grain |
elevators, grain bins, and barns. |
(H) A violation of paragraphs (1) through (6) is a |
The acts described in items (a)
through (f) are Class 3 |
felony when felonies if the damage to property
exceeds |
$10,000 but does not exceed $100,000. |
(I) A violation of paragraphs (1) through (6) is a |
The acts described in items
(a) through (f) are Class 2 |
|
felony when felonies if the damage to property exceeds |
$10,000
but does not exceed $100,000 and if the damage |
occurs to property of a school
or
place of worship or |
to farm equipment or immovable items
of agricultural |
production, including
but not
limited to grain |
elevators, grain bins, and barns. |
(J) A violation of paragraphs (1) through (6) is a |
The acts described in items
(a) through (f) are Class 2 |
felony when felonies if the damage to property exceeds
|
$100,000. A violation of paragraphs (1) through (6) The |
acts described in items (a) through (f) is a are Class |
1 felony when felonies
if the damage to property |
exceeds $100,000 and the damage occurs to property of
a |
school or place of worship or to farm equipment or |
immovable items
of agricultural production, including
|
but not
limited to grain elevators, grain bins, and |
barns.
|
(2) When If the damage to property exceeds $10,000,
the
|
court shall impose
upon the offender a fine equal to the |
value of the damages to the property.
|
For the purposes of this subsection (2), "farm equipment" |
means machinery
or
other equipment used in farming.
|
(3) In addition to any other sentence that may be |
imposed, a court shall
order any person convicted of |
criminal damage to property to perform community
service |
for not less than 30 and not more than 120 hours, if |
|
community service
is available in the jurisdiction
and is |
funded and approved by the county board of the county where |
the
offense was committed.
In addition, whenever any person |
is placed
on supervision for an alleged offense under this |
Section, the supervision shall
be conditioned upon the |
performance of the community service.
|
The community service requirement This subsection does |
not apply when the court imposes a sentence of
|
incarceration.
|
(4) In addition to any criminal penalties imposed for a |
violation of this Section, if a person is convicted of or |
placed on supervision for knowingly damaging or destroying |
crops of another, including crops intended for personal, |
commercial, research, or developmental purposes, the |
person is liable in a civil action to the owner of any |
crops damaged or destroyed for money damages up to twice |
the market value of the crops damaged or destroyed. |
(5) For the purposes of this subsection (d), "farm |
equipment" means machinery
or
other equipment used in |
farming. |
(Source: P.A. 95-553, eff. 6-1-08; 96-529, eff. 8-14-09.)
|
(720 ILCS 5/21-1.01 new)
|
Sec. 21-1.01 21-4 . Criminal Damage to Government Supported |
Property.
|
(a) (1) A person commits criminal damage to government |
|
supported property when he or she knowingly Any of the
|
following acts is a Class 4 felony when the damage to property |
is $500 or
less, and any such act is a Class 3 felony when the |
damage to property
exceeds $500 but does not exceed $10,000; a |
Class 2 felony when the damage
to property exceeds $10,000 but |
does not exceed $100,000 and a Class 1
felony when the damage |
to property exceeds $100,000 :
|
(1) (a) Knowingly damages any government supported |
property supported in whole or in part with
State funds, |
funds of a unit of local government or school district, or
|
Federal funds administered or granted through State |
agencies
without the consent of the State; or
|
(2) (b) Knowingly, by means of fire or explosive |
damages government supported property supported
in whole |
or in part with State funds, funds of a unit of local |
government or
school district, or Federal funds |
administered or
granted through State agencies ; or
|
(3) (c) Knowingly starts a fire on government supported |
property supported in whole or in part
with State funds, |
funds of a unit of local government or school district,
or |
Federal funds administered or granted through State
|
agencies without the consent of the State; or
|
(4) (d) Knowingly deposits on government supported |
land or in a government supported building , supported in |
whole or in
part with State funds, funds of a unit of local |
government or school
district, or Federal funds |
|
administered or granted through
State agencies without the |
consent of the State, any stink bomb or any
offensive |
smelling compound and thereby intends to interfere with the |
use
by another of the land or building.
|
(b) (2) For the purposes of this Section, "government |
supported" means any property supported in whole or in part |
with
State funds, funds of a unit of local government or school |
district, or
federal funds administered or granted through |
State agencies. |
(c) Sentence. A violation of this Section is a Class 4 |
felony when the damage to property is $500 or
less; a Class 3 |
felony when the damage to property
exceeds $500 but does not |
exceed $10,000; a Class 2 felony when the damage
to property |
exceeds $10,000 but does not exceed $100,000; and a Class 1
|
felony when the damage to property exceeds $100,000. When the |
damage to property exceeds $10,000, the court shall impose
upon |
the offender a fine equal to the value of the damages to the |
property.
|
|
(Source: P.A. 89-30, eff. 1-1-96.)
|
(720 ILCS 5/21-1.2) (from Ch. 38, par. 21-1.2)
|
Sec. 21-1.2. Institutional vandalism.
|
(a) A person commits institutional vandalism when, by |
reason of the actual
or perceived race, color, creed, religion |
or national origin of another
individual or group of |
|
individuals, regardless of the existence of any other
|
motivating factor or factors, he or she knowingly and without |
consent
inflicts damage to any of the following properties:
|
(1) A church, synagogue, mosque, or other building, |
structure or place
used for religious worship or other |
religious purpose;
|
(2) A cemetery, mortuary, or other facility used for |
the
purpose of burial or memorializing the dead;
|
(3) A school, educational facility or community |
center;
|
(4) The grounds adjacent to, and owned or rented by, |
any institution,
facility, building, structure or place |
described in paragraphs (1), (2)
or (3) of this subsection |
(a); or
|
(5) Any personal property contained in any |
institution, facility,
building, structure or place |
described in paragraphs (1), (2) or (3) of this
subsection
|
(a).
|
(b) Sentence. |
(1) Institutional vandalism is a Class 3 felony when |
if the damage to the
property does not exceed $300. |
Institutional vandalism is a Class 2 felony
when if the |
damage to the property exceeds $300.
Institutional |
vandalism is a Class 2 felony for any second or subsequent
|
offense.
|
(2) (b-5) Upon imposition of any sentence,
the trial |
|
court shall also either order restitution paid to the |
victim
or impose a fine up to $1,000. In addition, any |
order of probation or
conditional discharge entered |
following a conviction or an adjudication of
delinquency |
shall include a condition that the offender perform public |
or
community service of no less than 200 hours if that |
service is established in
the county where the offender was |
convicted of institutional vandalism. The
court may also |
impose any other condition of probation or conditional |
discharge
under this Section.
|
(c) Independent of any criminal prosecution or the result |
of that
prosecution, a person suffering damage to property or |
injury to his or her
person as a result of institutional |
vandalism may bring a civil action for
damages, injunction or |
other appropriate relief. The court may award actual
damages, |
including damages for emotional distress, or punitive damages. |
A
judgment may include attorney's fees and costs. The parents |
or legal guardians
of an unemancipated minor, other than |
guardians appointed under the Juvenile
Court Act or the |
Juvenile Court Act of 1987, shall be liable for the amount of
|
any judgment for actual damages rendered against the minor |
under this
subsection in an amount not exceeding the amount |
provided under Section
5
of the Parental Responsibility Law.
|
(Source: P.A. 92-830, eff. 1-1-03.)
|
(720 ILCS 5/21-1.3)
|
|
Sec. 21-1.3. Criminal defacement of property.
|
(a) A person commits criminal defacement of property when |
the person
knowingly damages the property of another by
|
defacing, deforming, or otherwise damaging the property by the |
use of paint or
any other similar substance, or by the use of a |
writing instrument, etching
tool, or any other similar device. |
It is an affirmative defense to a violation of this Section |
that the owner of the property damaged consented to such |
damage.
|
(b) Sentence. |
(1) Criminal defacement of property is a Class A |
misdemeanor for a
first offense when if the aggregate value of |
the damage to the property does not exceed $300. Criminal
|
defacement of property is a Class 4 felony when if the |
aggregate value of the damage to property does not
exceed $300 |
and the property damaged is a school building or place of
|
worship. Criminal
defacement of property is a Class 4 felony |
for a second or subsequent
conviction or when if the aggregate |
value of the damage to the property exceeds $300.
Criminal |
defacement of property is a Class 3 felony when if the |
aggregate value of the damage to property
exceeds $300 and the |
property damaged is a school building or place of
worship.
|
(2) In addition to any other sentence that may be imposed
|
for a violation of this Section that is chargeable as a Class 3 |
or Class 4
felony,
a person convicted of
criminal defacement of
|
property shall be subject to a mandatory minimum fine of $500 |
|
plus the
actual costs incurred
by the property owner or the |
unit of government to abate, remediate,
repair, or remove the |
effect of the damage to the property. To the extent
permitted |
by law, reimbursement for the costs of abatement, remediation,
|
repair, or removal shall be payable to the person who incurred |
the costs.
|
(3) In addition to any
other sentence that may be imposed, |
a court shall order any person convicted of
criminal defacement |
of property to perform community service for not less than
30 |
and not more than 120 hours, if community service is available |
in the
jurisdiction. The community service shall include, but |
need
not be limited to, the cleanup and repair of the damage to |
property that was
caused by the offense, or similar damage to |
property located in the
municipality or county in which the |
offense occurred.
When If the property damaged is a school |
building, the community service may
include cleanup, removal, |
or painting over the defacement.
In addition, whenever any
|
person is placed on supervision for an alleged offense under |
this Section, the
supervision shall be conditioned
upon the |
performance of the community service. |
(4) For the purposes of this subsection (b), aggregate |
value shall be determined by adding the value of the damage to |
one or more properties if the offenses were committed as part |
of a single course of conduct.
|
(Source: P.A. 95-553, eff. 6-1-08; 96-499, eff. 8-14-09.)
|
|
(720 ILCS 5/21-1.4)
|
Sec. 21-1.4. Jackrocks violation .
|
(a) A person commits a jackrocks violation when he or she |
who knowingly : |
(1) sells, gives away, manufactures, purchases, or
|
possesses a jackrock ; or |
(2) who knowingly places, tosses, or throws a jackrock |
on
public or private property commits a Class A misdemeanor .
|
(b) As used in this Section, "jackrock" means a caltrop or |
other object
manufactured with
one or more rounded or sharpened |
points, which when placed or thrown present at
least one point |
at such an angle that it is peculiar to and designed for use in
|
puncturing or damaging vehicle tires. It does not include a |
device
designed to puncture or damage the tires of a vehicle |
driven over it in a
particular
direction, if a conspicuous and |
clearly visible warning is posted at the
device's location, |
alerting persons to its presence.
|
(c) This Section does not apply to the possession, |
transfer, or use of
jackrocks by any law enforcement officer in |
the course of his or her official
duties.
|
(d) Sentence. A jackrocks violation is a Class A |
misdemeanor. |
(Source: P.A. 89-130, eff. 7-14-95.)
|
(720 ILCS 5/Art. 21, Subdiv. 5 heading new) |
SUBDIVISION 5. TRESPASS
|
|
(720 ILCS 5/21-2) (from Ch. 38, par. 21-2)
|
Sec. 21-2. Criminal trespass to vehicles. |
(a) A person commits criminal trespass to vehicles when he |
or she Whoever knowingly and without authority enters any part |
of or operates
any vehicle, aircraft,
watercraft or snowmobile |
commits a
Class A misdemeanor .
|
(b) Sentence. Criminal trespass to vehicles is a Class A |
misdemeanor. |
(Source: P.A. 83-488.)
|
(720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
|
Sec. 21-3. Criminal trespass to real property.
|
(a) A person commits criminal trespass to real property |
when he or she Except as provided in subsection (a-5), whoever :
|
(1) knowingly and without lawful authority enters or |
remains within or on
a building; or
|
(2) enters upon the land of another, after receiving, |
prior to the such entry,
notice from the owner or occupant |
that the such entry is forbidden; or
|
(3) remains upon the land of another, after receiving |
notice from the
owner or occupant to depart;
or
|
(3.5) presents false documents or falsely represents |
his or her identity orally to the owner or occupant of a |
building or land in order to obtain permission from the |
owner or occupant to enter or remain in the building or on |
|
the land; or |
(4) enters a field used or capable of being used for |
growing crops, an enclosed area containing livestock, an |
agricultural building containing livestock, or an orchard |
in or on a motor vehicle (including an off-road vehicle, |
motorcycle, moped, or any other powered two-wheel vehicle) |
after receiving, prior to the entry, notice from the owner |
or occupant that the entry is forbidden or remains upon or |
in the area after receiving notice from the owner or |
occupant to depart commits a Class B misdemeanor . |
For purposes of item (1) of this subsection, this Section |
shall not apply
to being in a building which is open to the |
public while the building is open
to the public during its |
normal hours of operation; nor shall this Section
apply to a |
person who enters a public building under the reasonable belief |
that
the building is still open to the public.
|
(a-5) Except as otherwise provided in this subsection, |
whoever enters upon
any of
the following areas in or on a motor |
vehicle (including an off-road vehicle,
motorcycle,
moped, or |
any other powered two-wheel vehicle) after receiving, prior to |
that
entry,
notice from the owner or occupant that the entry is |
forbidden or remains upon
or in the
area after receiving notice |
from the owner or occupant to depart commits a
Class A
|
misdemeanor:
|
(1) A field that is used for growing crops or that is |
capable of being
used
for
growing crops.
|
|
(2) An enclosed area containing livestock.
|
(3) An orchard.
|
(4) A barn or other agricultural building containing |
livestock.
|
(b) A person has received notice from the owner or occupant |
within the
meaning of Subsection (a) if he or she has been |
notified personally, either orally
or in writing including a |
valid court order as defined by subsection (7)
of Section |
112A-3 of the Code of Criminal Procedure of 1963 granting |
remedy
(2) of subsection (b) of Section 112A-14 of that Code, |
or if a printed or
written notice forbidding such entry has |
been conspicuously posted or
exhibited at the main entrance to |
the such land or the forbidden part thereof.
|
(b-5) Subject to the provisions of subsection (b-10), as an |
alternative to the posting of real property as set forth in |
subsection (b), the owner or lessee of any real property may |
post the property by placing identifying purple marks on trees |
or posts around the area to be posted. Each purple mark shall |
be: |
(1) A vertical line of at least 8 inches in length and |
the bottom of the mark shall be no less than 3 feet nor |
more than 5 feet high. Such marks shall be placed no more |
than 100 feet apart and shall be readily visible to any |
person approaching the property; or |
(2) A post capped or otherwise marked on at least its |
top 2 inches. The bottom of the cap or mark shall be not |
|
less than 3 feet but not more than 5 feet 6 inches high. |
Posts so marked shall be placed not more than 36 feet apart |
and shall be readily visible to any person approaching the |
property. Prior to applying a cap or mark which is visible |
from both sides of a fence shared by different property |
owners or lessees, all such owners or lessees shall concur |
in the decision to post their own property. |
Nothing in this subsection (b-5) shall be construed to |
authorize the owner or lessee of any real property to place any |
purple marks on any tree or post or to install any post or |
fence if doing so would violate any applicable law, rule, |
ordinance, order, covenant, bylaw, declaration, regulation, |
restriction, contract, or instrument. |
(b-10) Any owner or lessee who marks his or her real |
property using the method described in subsection (b-5) must |
also provide notice as described in subsection (b) of this |
Section. The public of this State shall be informed of the |
provisions of subsection (b-5) of this Section by the Illinois |
Department of Agriculture and the Illinois Department of |
Natural Resources. These Departments shall conduct an |
information campaign for the general public concerning the |
interpretation and implementation of subsection (b-5). The |
information shall inform the public about the marking |
requirements and the applicability of subsection (b-5) |
including information regarding the size requirements of the |
markings as well as the manner in which the markings shall be |
|
displayed. The Departments shall also include information |
regarding the requirement that, until the date this subsection |
becomes inoperative, any owner or lessee who chooses to mark |
his or her property using paint, must also comply with one of |
the notice requirements listed in subsection (b). The |
Departments may prepare a brochure or may disseminate the |
information through agency websites. Non-governmental |
organizations including, but not limited to, the Illinois |
Forestry Association, Illinois Tree Farm and the Walnut Council |
may help to disseminate the information regarding the |
requirements and applicability of subsection (b-5) based on |
materials provided by the Departments. This subsection (b-10) |
is inoperative on and after January 1, 2013.
|
(b-15) Subsections (b-5) and (b-10) do not apply to real |
property located in a municipality of over 2,000,000 |
inhabitants. |
(c) This Section does not apply to any person, whether a |
migrant worker
or otherwise, living on the land with permission |
of the owner or of his
or her agent having apparent authority |
to hire workers on this such land and assign
them living |
quarters or a place of accommodations for living thereon, nor
|
to anyone living on the such land at the request of, or by |
occupancy, leasing
or other agreement or arrangement with the |
owner or his or her agent, nor to
anyone invited by the such |
migrant worker or other person so living on the such
land to |
visit him or her at the place he is so living upon the land.
|
|
(d) A person shall be exempt from prosecution under this |
Section if
he or she beautifies unoccupied and abandoned |
residential and industrial properties
located within any |
municipality. For the purpose of this subsection,
"unoccupied |
and abandoned residential and industrial property" means any
|
real estate (1) in which the taxes have not been paid for a |
period of at
least 2 years; and (2) which has been left |
unoccupied and abandoned for a
period of at least one year; and |
"beautifies" means to landscape, clean up
litter, or to repair |
dilapidated conditions on or to board up windows
and doors.
|
(e) No person shall be liable in any civil action for money |
damages
to the owner of unoccupied and abandoned residential |
and industrial property
which that person beautifies pursuant |
to subsection (d) of this Section.
|
(f) This Section does not prohibit a person from entering a |
building or
upon the land of another for emergency purposes. |
For purposes of this
subsection (f), "emergency" means a |
condition or circumstance in which an
individual is or is |
reasonably believed by the person to be in imminent danger
of |
serious bodily harm or in which property is or is reasonably |
believed to be
in imminent danger of damage or destruction.
|
(g) Paragraph (3.5) of subsection (a) does not apply to a |
peace officer or other official of a unit of government who |
enters a building or land in the performance of his or her |
official duties.
|
(h) Sentence. A violation of subdivision (a)(1), (a)(2), |
|
(a)(3), or (a)(3.5) is a Class B misdemeanor. A violation of |
subdivision (a)(4) is a Class A misdemeanor. |
(i) Civil liability. A person may be liable in any civil |
action for money damages to the owner of the land he or she |
entered upon with a motor vehicle as prohibited under paragraph |
(4) of subsection (a) (a-5) of this Section. A person may also |
be liable to the owner for court costs and reasonable |
attorney's fees. The measure of damages shall be: (i) the |
actual damages, but not less than $250, if the vehicle is |
operated in a nature preserve or registered area as defined in |
Sections 3.11 and 3.14 of the Illinois Natural Areas |
Preservation Act; (ii) twice the actual damages if the owner |
has previously notified the person to cease trespassing; or |
(iii) in any other case, the actual damages, but not less than |
$50. If the person operating the vehicle is under the age of |
16, the owner of the vehicle and the parent or legal guardian |
of the minor are jointly and severally liable. For the purposes |
of this subsection (i) (h) : |
"Land" includes, but is not limited to, land used for |
crop land, fallow land, orchard, pasture, feed lot, timber |
land, prairie land, mine spoil nature preserves and |
registered areas. "Land" does not include driveways or |
private roadways upon which the owner allows the public to |
drive.
|
"Owner" means the person who has the right to |
possession of the land, including the owner, operator or |
|
tenant.
|
"Vehicle" has the same meaning as provided under |
Section 1-217 of the Illinois Vehicle Code.
|
(j) (i) This Section does not apply to the following persons |
while serving process: |
(1) a person authorized to serve process under Section |
2-202 of the Code of Civil Procedure; or |
(2) a special process server appointed by the circuit |
court. |
(Source: P.A. 97-184, eff. 7-22-11; 97-477, eff. 8-22-11; |
revised 9-14-11.)
|
(720 ILCS 5/21-5) (from Ch. 38, par. 21-5)
|
Sec. 21-5. Criminal
Trespass to State Supported Land.
|
(a) A person commits criminal trespass to State supported |
land when he or she Whoever enters upon land supported in whole |
or in part with State
funds, or federal Federal funds |
administered or granted through State agencies or
any building |
on the such land, after receiving, prior to the such
entry, |
notice from the State or its representative that the such entry |
is
forbidden, or remains upon the such land or in the such |
building after receiving
notice from the State or its |
representative to depart, and who thereby
interferes with |
another person's lawful use or enjoyment of the such building
|
or land , commits a Class A misdemeanor .
|
(b) A person has received notice from the State within the |
|
meaning of
this subsection (a) if he or she has been notified |
personally, either orally or in
writing, or if a printed or |
written notice forbidding such entry to him or her or
a group |
of which he or she is a part, has been conspicuously posted or |
exhibited
at the main entrance to the such land or the |
forbidden part thereof. |
(b) (c) A person commits criminal trespass to State |
supported land when he or she Whoever enters upon land |
supported in whole or in part with State
funds, or federal |
funds administered or granted through State agencies or
any |
building on the such land by presenting false documents or |
falsely representing his or her identity orally to the State or |
its representative in order to obtain permission from the State |
or its representative to enter the building or land; or remains |
upon the such land or in the such building by presenting false |
documents or falsely representing his or her identity orally to |
the State or its representative in order to remain upon the |
such land or in the such building, and who thereby
interferes |
with another person's lawful use or enjoyment of the such |
building
or land , commits a Class A misdemeanor . |
This subsection Subsection (c) does not apply to a peace |
officer or other official of a unit of government who enters |
upon land supported in whole or in part with State
funds, or |
federal funds administered or granted through State agencies or
|
any building on the such land in the performance of his or her |
official duties.
|
|
(c) Sentence. Criminal trespass to State supported land is |
a Class A misdemeanor. |
(Source: P.A. 94-263, eff. 1-1-06.)
|
(720 ILCS 5/21-7) (from Ch. 38, par. 21-7)
|
Sec. 21-7. Criminal trespass to restricted areas and |
restricted landing areas at airports; aggravated criminal |
trespass to restricted areas and restricted landing areas at |
airports.
|
(a) A person commits criminal trespass to restricted areas |
and restricted landing areas at airports when he or she enters |
upon, or remains in, any: |
(1) Whoever enters upon, or remains in, any restricted |
area
or restricted landing area used in connection with an |
airport facility,
or part thereof, in this State, after the |
such person has received notice from
the airport authority |
that the such entry is forbidden ; commits a Class 4 felony |
(2) restricted area
or restricted landing area used in |
connection with an airport facility,
or part thereof, in |
this State by presenting false documents or falsely |
representing his or her identity orally to the airport |
authority; |
(3) restricted area or restricted landing area as |
prohibited in paragraph (1) of this subsection, while |
dressed in the uniform of, improperly wearing the |
identification of, presenting false credentials of, or |
|
otherwise physically impersonating an airman, employee of |
an airline, employee of an airport, or contractor at an |
airport . |
(b) A person commits aggravated criminal trespass to |
restricted areas and restricted landing areas at airports when |
he or she Whoever enters upon, or
remains in, any restricted |
area or restricted landing area used in connection
with an |
airport facility, or part thereof, in this State, while in |
possession
of a weapon, replica of a weapon, or ammunition, |
after the person has received
notice from the airport authority |
that the entry is forbidden commits a Class 3
felony . |
(c) Notice that the area is "restricted" and
entry thereto |
"forbidden", for purposes of this Section, means that the
|
person or persons have been notified personally, either orally |
or in writing,
or by a printed or written notice forbidding the |
such entry to him or her or a group
or an organization of which |
he or she is a member, which has been conspicuously posted
or |
exhibited at every usable entrance to the such area or the |
forbidden part thereof.
|
(d) (Blank). Whoever enters upon, or remains in, any |
restricted area
or restricted landing area used in connection |
with an airport facility,
or part thereof, in this State by |
presenting false documents or falsely representing his or her |
identity orally to the airport authority commits a Class A |
misdemeanor.
|
(e) (Blank). Whoever enters upon, or remains in, any |
|
restricted area or restricted landing area as prohibited in |
subsection (a) of this Section, while dressed in the uniform |
of, improperly wearing the identification of, presenting false |
credentials of, or otherwise physically impersonating an |
airman, employee of an airline, employee of an airport, or |
contractor at an airport commits a Class 4 felony.
|
(f) The terms "Restricted area" or "Restricted landing |
area" in this Section
are defined to incorporate the meaning |
ascribed to those terms in Section
8 of the "Illinois |
Aeronautics Act", approved July 24, 1945, as amended,
and also |
include any other area of the airport that has been designated
|
such by the airport authority.
|
The terms "airman" and "airport" in this Section are |
defined to incorporate the meaning ascribed to those terms in |
Sections 6 and 12 of the Illinois Aeronautics Act.
|
(g) Paragraph (2) of subsection (a) Subsection (d) does not |
apply to a peace officer or other official of a unit of |
government who enters a restricted area or a restricted landing |
area used in connection with an airport facility,
or part |
thereof, in the performance of his or her official duties. |
(h) Sentence. |
(1) A violation of paragraph (2) of subsection (a) is a |
Class A misdemeanor. |
(2) A violation of paragraph (1) or (3) of subsection (a) |
is a Class 4 felony. |
(3) A violation of subsection (b) is a Class 3 felony. |
|
(Source: P.A. 94-263, eff. 1-1-06; 94-547, eff. 1-1-06; 94-548, |
eff. 8-11-05; 95-331, eff. 8-21-07.)
|
(720 ILCS 5/21-8)
|
Sec. 21-8. Criminal trespass to a nuclear facility.
|
(a) A person commits the offense of criminal trespass to a |
nuclear facility
when if he or she
knowingly and without lawful |
authority:
|
(1) enters or remains within a nuclear facility or on |
the grounds of a
nuclear
facility, after receiving notice |
before entry that entry to the nuclear
facility is
|
forbidden; or
|
(2) remains within the facility or on the grounds of |
the facility after
receiving notice from the owner or |
manager of the facility or other person
authorized by the |
owner or manager of the facility to give that notice to
|
depart from
the facility or grounds of the facility; or
|
(3) enters or remains within a nuclear facility or on |
the grounds of a
nuclear
facility, by presenting false |
documents or falsely representing his or her identity |
orally to the owner or manager of the facility. This |
paragraph (3) does not apply to a peace officer or other |
official of a unit of government who enters or remains in |
the facility in the performance of his or her official |
duties.
|
(b) A person has received notice from the owner or manager |
|
of the
facility or other person authorized by the owner or |
manager of the
facility within the meaning of paragraphs (1) |
and (2) of subsection (a) if he or she has been
notified |
personally, either orally or in writing,
or if a printed or |
written notice forbidding the entry has
been conspicuously |
posted or exhibited at the main entrance to the
facility or |
grounds of the facility or the forbidden part of the
facility.
|
(c) In this Section, "nuclear facility" has the meaning |
ascribed
to it in Section 3 of the Illinois Nuclear Safety |
Preparedness Act.
|
(d) Sentence. Criminal trespass to a nuclear facility is a
|
Class 4 felony.
|
(Source: P.A. 94-263, eff. 1-1-06.)
|
(720 ILCS 5/21-9)
|
Sec. 21-9. Criminal trespass to a place of public |
amusement.
|
(a) A person commits the offense of criminal trespass to a |
place of public
amusement when if he or she knowingly and |
without lawful authority enters or
remains
on any portion of a |
place of public amusement after having received notice that
the |
general public is restricted from access to that portion of the |
place of
public amusement. These Such areas may include, but |
are
not limited to: a playing field, an athletic surface, a |
stage, a locker room,
or
a dressing room located at the place |
of public amusement. |
|
(a-5) A person commits the offense of criminal trespass to |
a place of public
amusement when if he or she knowingly and |
without lawful authority gains access
to or remains on any |
portion of a place of public amusement by presenting false |
documents or falsely representing his or her identity orally to |
the property owner, a lessee, an agent of either the owner or |
lessee, or a
performer or participant. This subsection (a-5) |
does not apply to a peace officer or other official of a unit |
of government who enters or remains in the place of public |
amusement in the performance of his or her official duties.
|
(b) A property owner, a lessee, an agent of either the |
owner or lessee, or a
performer or participant may use |
reasonable force to restrain a trespasser and
remove him or her |
from the restricted area; however, any use of force beyond
|
reasonable force may subject that person to any applicable |
criminal penalty.
|
(c) A person has received notice within the meaning of |
subsection (a) if
he or she has been notified personally, |
either orally or in writing, or if a
printed
or written notice |
forbidding such entry has been conspicuously posted or
|
exhibited at the entrance to the portion of the place of public |
amusement that
is
restricted or an oral warning has been |
broadcast over the public address system
of the place of public |
amusement.
|
(d) In this Section, "place of public amusement" means a |
stadium, a theater,
or any other facility of any kind, whether |
|
licensed or not, where a live
performance, a sporting event, or |
any other activity takes place for other
entertainment and |
where
access to
the facility is made available to the public, |
regardless of whether admission
is charged.
|
(e) Sentence. Criminal trespass to a place of public |
amusement is a Class
4 felony. Upon imposition of any sentence, |
the court shall also impose a
fine of not less than $1,000. In |
addition, any order of
probation or conditional discharge |
entered following a conviction shall include
a condition that |
the offender perform public or community service of not less
|
than 30 and not more than 120 hours, if community service is |
available in the
jurisdiction and is funded and approved by the |
county board of the county where
the offender was convicted. |
The court may also impose any other condition of
probation or |
conditional discharge under this Section.
|
(Source: P.A. 93-407, eff. 1-1-04; 94-263, eff. 1-1-06.)
|
(720 ILCS 5/Art. 21, Subdiv. 10 heading new) |
SUBDIVISION 10. MISCELLANEOUS OFFENSES
|
(720 ILCS 5/21-10)
|
Sec. 21-10. Criminal use of a motion picture
exhibition |
facility. |
(a) A person commits criminal use of a motion picture |
exhibition facility, when he or she, Any person, where a motion |
picture is being exhibited, who knowingly operates an |
|
audiovisual recording function of a device without the consent |
of the owner
or lessee of that exhibition facility and of the |
licensor of the
motion picture being exhibited is guilty of |
criminal use of a motion picture exhibition facility .
|
(b) Sentence. Criminal use of a motion picture
exhibition |
facility is a Class 4 felony.
|
(c) The owner or lessee of a
facility where a motion |
picture is being exhibited, the authorized agent or employee of |
that owner
or lessee, or the licensor of the motion picture |
being
exhibited or his or her agent or employee, who alerts law
|
enforcement authorities of an alleged violation of this
Section |
is not liable in any civil action arising out of
measures taken |
by that owner, lessee, licensor, agent, or employee in
the |
course of subsequently detaining a person that the owner,
|
lessee, licensor, agent, or employee, in good faith believed to |
have
violated this Section while awaiting the arrival of law
|
enforcement authorities, unless the plaintiff in such an
action |
shows by clear and convincing evidence that such
measures were |
manifestly unreasonable or the period of
detention was |
unreasonably long.
|
(d) This Section does not prevent any lawfully
authorized |
investigative, law enforcement, protective, or
intelligence |
gathering employee or agent of the State or
federal government |
from operating any audiovisual recording device in any facility |
where a motion picture
is being exhibited as part of lawfully |
authorized
investigative, protective, law enforcement, or |
|
intelligence
gathering activities. |
(e) This Section does not apply to a person who operates an |
audiovisual recording function of a device in a retail |
establishment solely to demonstrate the use of that device for |
sales and display purposes. |
(f) Nothing in this Section prevents the prosecution for |
conduct that constitutes a violation of this Section under any |
other provision of law providing for a greater penalty. |
(g) In this Section, "audiovisual recording function" |
means the capability of a device to record or transmit a motion |
picture or any part of a motion picture by means of any |
technology now known or later developed and "facility" does not |
include a personal residence.
|
(Source: P.A. 93-804, eff. 7-24-04.)
|
(720 ILCS 5/21-11 new) |
Sec. 21-11. Distributing or delivering written or printed |
solicitation on
school property. |
(a) Distributing or delivering written or printed |
solicitation on school
property or within 1,000 feet
of school |
property, for the purpose of inviting students to
any event |
when a significant purpose of the event is to commit illegal |
acts or
to solicit
attendees to commit illegal acts,
or to be |
held in or
around abandoned buildings, is prohibited. |
(b) For the purposes of this Section, "school property" is |
defined as the
buildings or grounds of any public or private |
|
elementary or secondary school. |
(c) Sentence. A violation
of this Section is a Class C |
misdemeanor.
|
(720 ILCS 5/21.1-2) (from Ch. 38, par. 21.1-2)
|
Sec. 21.1-2. Residential picketing. A person commits |
residential picketing when he or she pickets It is unlawful to |
picket before or about the residence
or dwelling of any person, |
except when the residence or dwelling is used
as a place of |
business. This However, this Article does not apply to a person
|
peacefully picketing his own residence or dwelling and does not |
prohibit
the peaceful picketing of the place of holding a |
meeting or assembly on premises
commonly used to discuss |
subjects of general public interest.
|
(Source: P.A. 81-1270.)
|
(720 ILCS 5/21.2-2) (from Ch. 38, par. 21.2-2)
|
Sec. 21.2-2. Interference with a public institution of |
education. A person commits interference with a public |
institution of
education when he or she , on the campus of a |
public institution of education,
or at or in any building or |
other facility owned, operated or controlled by
the |
institution, without authority from the institution he or she , |
through force
or violence, actual or threatened:
|
(1) knowingly (a) willfully denies to a trustee, school |
board member, superintendent, principal, employee, student or |
|
invitee of the
institution:
|
(A) (1) Freedom of movement at that such place; or
|
(B) (2) Use of the property or facilities of the |
institution; or
|
(C) (3) The right of ingress or egress to the property |
or facilities of the
institution; or
|
(2) knowingly (b) willfully impedes, obstructs, interferes |
with or disrupts:
|
(A) (1) the performance of institutional duties by a |
trustee, school board member, superintendent, principal, |
or employee of
the institution; or
|
(B) (2) the pursuit of educational activities, as |
determined or prescribed
by the institution, by a trustee, |
school board member, superintendent, principal, employee, |
student or invitee of the
institution; or
|
(3) (c) knowingly occupies or remains in or at any |
building, property or
other facility owned, operated or |
controlled by the institution after due
notice to depart.
|
(Source: P.A. 96-807, eff. 1-1-10.)
|
(720 ILCS 5/Art. 24.8 heading new) |
ARTICLE 24.8. AIR RIFLES
|
(720 ILCS 5/24.8-0.1 new) |
Sec. 24.8-0.1. Definitions. As used in this Article: |
"Air rifle" means and includes any air gun, air pistol, |
|
spring gun,
spring pistol, B-B gun, paint ball gun, pellet gun |
or any implement
that is not a firearm which impels a breakable |
paint ball containing
washable marking colors or, a pellet |
constructed of hard plastic, steel,
lead or other hard |
materials with a force that reasonably is expected to
cause |
bodily harm. |
"Dealer" means any person, copartnership, association or |
corporation
engaged in the business of selling at retail or |
renting any of the articles
included in the definition of "air |
rifle". |
"Municipalities" include cities, villages, incorporated |
towns and
townships.
|
(720 ILCS 5/24.8-1 new) |
Sec. 24.8-1. Selling, renting, or transferring air rifles |
to children. |
(a) A dealer commits selling, renting, or transferring air |
rifles to children when he or she sells, lends, rents, gives or
|
otherwise transfers an air rifle to any person under the age of |
13 years
where the dealer knows or has cause to believe the |
person to be under 13
years of age or where the dealer has |
failed to make reasonable inquiry
relative to the age of the |
person and the person is under 13 years of
age. |
(b) A person commits selling, renting, or transferring air |
rifles to children when he or she sells, gives, lends, or |
otherwise transfers
any air rifle to any person under 13 years |
|
of age except where the
relationship of parent and child, |
guardian and ward or adult instructor and
pupil, exists between |
this person and the person under 13 years of age, or
where the |
person stands in loco parentis to the person under 13 years of
|
age.
|
(720 ILCS 5/24.8-2 new) |
Sec. 24.8-2. Carrying or discharging air rifles on public |
streets. |
(a) A person under 13 years of age commits carrying or |
discharging air rifles on public streets when he or she carries |
any
air rifle on the public streets, roads, highways or public |
lands within
this State, unless the person under 13 years of |
age carries the air rifle
unloaded. |
(b) A person commits carrying or discharging air rifles on |
public streets when he or she discharges any air rifle from or |
across
any street, sidewalk, road, highway or public land or |
any public place
except on a safely constructed target range.
|
(720 ILCS 5/24.8-3 new) |
Sec. 24.8-3. Permissive possession of an air rifle by a |
person under 13 years of age. Notwithstanding any provision of |
this Article, it is lawful for any
person under 13 years of age |
to have in his or her possession any air rifle if it
is: |
(1) Kept within his or her house of residence or other |
private enclosure; |
|
(2) Used by the person and he or she is a duly enrolled
|
member of any club, team or society organized for educational |
purposes and
maintaining as part of its facilities or having |
written permission to use
an indoor or outdoor rifle range |
under the supervision guidance and
instruction of a responsible |
adult and then only if the air rifle is
actually being used in |
connection with the activities of the club team or
society |
under the supervision of a responsible adult; or |
(3) Used in or on any private grounds or residence under |
circumstances
when the air rifle is fired, discharged or |
operated in a manner as
not to endanger persons or property and |
then only if it is used in a manner as to prevent the |
projectile from passing over any grounds or space
outside the |
limits of the grounds or residence.
|
(720 ILCS 5/24.8-4 new) |
Sec. 24.8-4. Permissive sales. The provisions of this |
Article do not prohibit sales of air rifles: |
(1) By wholesale dealers or jobbers; |
(2) To be shipped out of the State; or |
(3) To be used at a target range operated in accordance |
with Section 24.8-3
of this Article or by members of the Armed |
Services of the United States or
Veterans' organizations.
|
(720 ILCS 5/24.8-5 new) |
Sec. 24.8-5. Sentence. A violation of this Article is a
|
|
petty offense. The State Police or any sheriff or police |
officer shall seize, take,
remove or cause to be removed at the |
expense of the owner, any air rifle
sold or used in any manner |
in violation of this Article.
|
(720 ILCS 5/24.8-6 new) |
Sec. 24.8-6. Municipal regulation. The provisions of any |
ordinance enacted by any municipality which
impose greater |
restrictions or limitations in respect to the sale and
|
purchase, use or possession of air rifles as herein defined |
than are
imposed by this Article, are not invalidated nor |
affected by this Article.
|
(720 ILCS 5/25-1) (from Ch. 38, par. 25-1)
|
Sec. 25-1. Mob action.
|
(a) A person commits the offense of mob action when he or |
she engages in any of the following:
|
(1) the knowing or reckless use of force or violence |
disturbing the public peace by 2 or
more persons acting |
together and without authority of law;
|
(2) the knowing assembly of 2 or more persons with the |
intent to commit or facilitate the commission of a felony |
or misdemeanor; or
|
(3) the knowing assembly of 2 or more persons, without |
authority of law, for
the purpose of doing violence to the |
person or property of anyone supposed
to have been guilty |
|
of a violation of the law, or for the purpose of
exercising |
correctional powers or regulative powers over any person by
|
violence.
|
(b) Sentence. |
(1) Mob action in violation of as defined in paragraph |
(1) of subsection (a) is a Class 4
felony.
|
(2) (c) Mob action in violation of as defined in |
paragraphs (2) and (3) of
subsection (a) is a Class C |
misdemeanor.
|
(3) (d) A Any participant in a mob action that by |
violence inflicts
injury to the person or property of |
another commits a Class 4 felony.
|
(4) (e) A Any participant in a mob action who does not |
withdraw when on being
commanded to do so by a any peace |
officer commits a Class A misdemeanor.
|
(5) (f) In addition to any other sentence that may be |
imposed, a court shall
order any person convicted of mob |
action to perform community service for not
less than 30 |
and not more than 120 hours, if community service is |
available in
the jurisdiction and is funded and approved by |
the county board of the county
where the offense was |
committed. In addition, whenever any person is placed on
|
supervision for an alleged offense under this Section, the |
supervision shall be
conditioned upon the performance of |
the community service. This paragraph subsection does not |
apply when the court imposes a sentence of
incarceration.
|
|
(Source: P.A. 96-710, eff. 1-1-10.)
|
(720 ILCS 5/25-4)
|
Sec. 25-4. Looting by individuals. |
(a) A person commits the offense of looting when he or she |
knowingly without
authority of law or the owner enters any home |
or dwelling or upon any premises of another, or
enters any |
commercial, mercantile, business, or industrial building, |
plant, or establishment, in
which normal security of property |
is not present by virtue of a hurricane, fire, or vis major of |
any
kind or by virtue of a riot, mob, or other human agency, |
and obtains or exerts control over
property of the owner. |
(b) Sentence. Looting is a Class 4 felony. In addition to |
any other penalty imposed, the
court shall impose a sentence of |
at least 100 hours of community service as determined by the
|
court and shall require the defendant to make restitution to |
the owner of the property looted
pursuant to Section 5-5-6 of |
the Unified Code of Corrections.
|
(Source: P.A. 96-710, eff. 1-1-10.)
|
(720 ILCS 5/25-5)
(was 720 ILCS 5/25-1.1)
|
Sec. 25-5. Unlawful contact with streetgang members.
|
(a) A person commits the offense of unlawful contact with |
streetgang members
when he or she knowingly has direct or |
indirect contact with a streetgang
member as defined in Section |
10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act |
|
after having been :
|
(1) he or she knowingly has direct or indirect contact |
with a streetgang
member as defined in Section 10 of the |
Illinois Streetgang Terrorism Omnibus
Prevention Act after |
having been sentenced to probation, conditional discharge,
|
or supervision for a criminal offense with a condition of |
that sentence being
to refrain from direct or indirect |
contact with a streetgang member or members;
|
(2) he or she knowingly has direct or indirect contact |
with a streetgang
member as defined in Section 10 of the |
Illinois Streetgang Terrorism Omnibus
Prevention Act after |
having been released on bond for any criminal offense with
|
a condition of that bond being to refrain from direct or |
indirect contact with
a streetgang member or members;
|
(3) he or she knowingly has direct or indirect contact |
with a streetgang
member
as defined in Section 10 of the |
Illinois Streetgang Terrorism Omnibus
Prevention Act
after |
having been ordered by a judge in any non-criminal |
proceeding to refrain
from
direct or indirect contact with |
a streetgang member or members; or |
(4) he or she knowingly has direct or indirect contact |
with a streetgang
member
as defined in Section 10 of the |
Streetgang Terrorism Omnibus Prevention Act
after
having |
been released from the Illinois Department of Corrections |
on a condition
of parole
or mandatory supervised release |
that he or she refrain from direct or indirect
contact with
|
|
a streetgang member or members. |
(b) Unlawful contact with streetgang members is a Class A |
misdemeanor.
|
(c) This Section does not apply to a person when the only |
streetgang member
or members he or she is with is a family or |
household member or members as
defined in paragraph (3) of |
Section 112A-3 of the Code of Criminal Procedure
of 1963 and |
the streetgang members are not engaged in any |
streetgang-related
activity.
|
(Source: P.A. 96-710, eff. 1-1-10; incorporates P.A. 95-45, |
eff. 1-1-08; 96-1000, eff. 7-2-10.)
|
(720 ILCS 5/26-1) (from Ch. 38, par. 26-1)
|
Sec. 26-1. Disorderly conduct Elements of the Offense .
|
(a) A person commits disorderly conduct when he or she |
knowingly:
|
(1) Does any act in such unreasonable manner as to |
alarm or disturb
another and to provoke a breach of the |
peace; or
|
(2) Transmits or causes to be transmitted in any manner |
to the fire
department of any city,
town, village or fire |
protection district a false alarm of fire, knowing
at the |
time of the such transmission that there is no reasonable |
ground for
believing that the such fire exists; or
|
(3) Transmits or causes to be transmitted in any manner |
to another a
false alarm to the effect that a bomb or other |
|
explosive of any nature or a
container holding poison gas, |
a deadly biological or chemical contaminant, or
|
radioactive substance is concealed in a such place where |
that its explosion or release
would endanger human life, |
knowing at the time of the such transmission that there
is |
no reasonable ground for believing that the such bomb, |
explosive or a container
holding poison gas, a deadly |
biological or chemical contaminant, or radioactive
|
substance is concealed in the such place; or
|
(3.5) Transmits or causes to be transmitted a threat of |
destruction of a school building or school property, or a |
threat of violence, death, or bodily harm directed against |
persons at a school, school function, or school event, |
whether or not school is in session;
|
(4) Transmits or causes to be transmitted in any manner |
to any peace
officer, public officer or public employee a |
report to the effect that an
offense will be committed, is |
being committed, or has been committed, knowing
at the time |
of the such transmission that there is no reasonable ground |
for
believing that the such an offense will be committed, |
is being committed, or has
been committed; or
|
(5) Transmits or causes to be transmitted a false |
report to any public
safety agency without the reasonable |
grounds necessary to believe that
transmitting the report |
is necessary for the safety and welfare of the
public; or |
Enters upon the property of another and for a lewd or |
|
unlawful
purpose deliberately looks into a dwelling on the |
property through any
window or other opening in it; or
|
(6) Calls the number "911" for the purpose of making or |
transmitting a
false alarm or complaint and reporting |
information when, at the time the call
or transmission is |
made, the person knows there is no reasonable ground for
|
making the call or transmission and further knows that the |
call or transmission
could result in the emergency response |
of any public safety agency; While acting as a collection |
agency as defined in the
"Collection Agency Act" or as an |
employee of such collection agency, and
while attempting to |
collect an alleged debt, makes a telephone call to
the |
alleged debtor which is designed to harass, annoy or |
intimidate the
alleged debtor; or
|
(7) Transmits or causes to be transmitted a false |
report to the
Department of Children and Family Services |
under Section 4 of the "Abused and
Neglected Child |
Reporting Act"; or
|
(8) Transmits or causes to be transmitted a false |
report to the
Department of Public Health under the Nursing |
Home Care Act, the Specialized Mental Health |
Rehabilitation Act, or the ID/DD Community Care Act; or
|
(9) Transmits or causes to be transmitted in any manner |
to the police
department or fire department of any |
municipality or fire protection district,
or any privately |
owned and operated ambulance service, a false request for |
|
an
ambulance, emergency medical technician-ambulance or |
emergency medical
technician-paramedic knowing at the time |
there is no reasonable ground for
believing that the such |
assistance is required; or
|
(10) Transmits or causes to be transmitted a false |
report under
Article II of "An Act in relation to victims |
of violence and abuse",
approved September 16, 1984, as |
amended; or
|
(11) Enters upon the property of another and for a lewd |
or unlawful
purpose deliberately looks into a dwelling on |
the property through any
window or other opening in it |
Transmits or causes to be transmitted a false report to any |
public
safety agency without the reasonable grounds |
necessary to believe that
transmitting such a report is |
necessary for the safety and welfare of the
public ; or
|
(12) While acting as a collection agency as defined in |
the
Collection Agency Act or as an employee of the |
collection agency, and
while attempting to collect an |
alleged debt, makes a telephone call to
the alleged debtor |
which is designed to harass, annoy or intimidate the
|
alleged debtor. Calls the number "911" for the purpose of |
making or transmitting a
false alarm or complaint and |
reporting information when, at the time the call
or |
transmission is made, the person knows there is no |
reasonable ground for
making the call or transmission and |
further knows that the call or transmission
could result in |
|
the emergency response of any public safety agency; or
|
(13) Transmits or causes to be transmitted a threat of |
destruction of a school building or school property, or a |
threat of violence, death, or bodily harm directed against |
persons at a school, school function, or school event, |
whether or not school is in session. |
(b) Sentence. A violation of subsection (a)(1) of this |
Section
is a Class C misdemeanor. A violation of subsection |
(a)(5) or (a)(11) of this Section is a Class A misdemeanor. A |
violation of subsection
(a)(8) or (a)(10) of this Section is a |
Class B misdemeanor. A violation of
subsection (a)(2), |
(a)(3.5), (a)(4), (a)(6), (a)(7), or (a)(9) , (a)(12), or |
(a)(13) of this Section is a Class 4
felony. A
violation of |
subsection (a)(3) of this Section is a Class 3 felony, for |
which
a fine of not less than $3,000 and no more than $10,000 |
shall be assessed in
addition to any other penalty imposed.
|
A violation of subsection (a)(12) (a)(6) of this Section is |
a Business Offense and
shall be punished by a fine not to |
exceed $3,000. A second or subsequent
violation of subsection |
(a)(7) or (a)(5) (a)(11) of this Section is a Class
4 felony. A |
third or subsequent violation of subsection (a)(11) (a)(5) of |
this Section
is a Class 4 felony.
|
(c) In addition to any other sentence that may be imposed, |
a court shall
order any person convicted of disorderly conduct |
to perform community service
for not less than 30 and not more |
than 120 hours, if community service is
available in the |
|
jurisdiction and is funded and approved by the county board of
|
the county where the offense was committed. In addition, |
whenever any person
is placed on supervision for an alleged |
offense under this Section, the
supervision shall be |
conditioned upon the performance of the community service.
|
This subsection does not apply when the court imposes a |
sentence of
incarceration. |
(d) In addition to any other sentence that may be imposed, |
the court shall
order any person convicted of disorderly |
conduct under paragraph (3) of subsection (a) involving a false |
alarm of a threat that a bomb or explosive device has been |
placed in a school to reimburse the unit of government that |
employs the emergency response officer or officers that were |
dispatched to the school for the cost of the search for a bomb |
or explosive device. For the purposes of this Section, |
"emergency response" means any incident requiring a response by |
a police officer, a firefighter, a State Fire Marshal employee, |
or an ambulance. |
(Source: P.A. 96-339, eff. 7-1-10; 96-413, eff. 8-13-09; |
96-772, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1261, eff. |
1-1-11; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; revised |
9-14-11.)
|
(720 ILCS 5/26-2) (from Ch. 38, par. 26-2)
|
Sec. 26-2. Interference with emergency communication.
|
(a) A person commits the offense of interference with |
|
emergency
communication when he or she knowingly, |
intentionally and without lawful
justification interrupts, |
disrupts, impedes, or otherwise interferes
with the |
transmission of a communication over a citizens band radio
|
channel, the purpose of which communication is to inform or |
inquire
about an emergency.
|
(b) For the purpose of this Section, "emergency" means a |
condition or
circumstance in which an individual is or is |
reasonably believed by the
person transmitting the |
communication to be in imminent danger of serious
bodily injury |
or in which property is or is reasonably believed by the person
|
transmitting the communication to be in imminent danger of |
damage or
destruction.
|
(c) Sentence.
|
(1) Interference with emergency communication is a |
Class
B misdemeanor, except as otherwise provided in |
paragraph (2).
|
(2) Interference with emergency communication, where |
serious
bodily injury or property loss in excess of $1,000 |
results, is a Class
A misdemeanor.
|
(Source: P.A. 82-418 .)
|
(720 ILCS 5/26-3) (from Ch. 38, par. 26-3)
|
Sec. 26-3. Use of a facsimile machine in unsolicited |
advertising or fund-raising.
|
(a) Definitions:
|
|
(1) "Facsimile machine" means a device which is capable of |
sending or
receiving facsimiles of documents through |
connection with a
telecommunications network.
|
(2) "Person" means an individual, public or private |
corporation, unit of
government, partnership or unincorporated |
association.
|
(b) A No person commits use of a facsimile machine in |
unsolicited advertising or fund-raising when he or she shall |
knowingly uses use a facsimile machine to send or cause
to be |
sent to another person a facsimile of a document containing
|
unsolicited advertising or fund-raising material, except to
a |
person which the sender knows or under all of the circumstances
|
reasonably believes has given the sender permission, either on |
a case by
case or continuing basis, for the sending of the such |
material.
|
(c) Sentence. Any person who violates subsection (b) is |
guilty of a petty
offense and shall be fined an amount not to |
exceed $500.
|
(Source: P.A. 86-555.)
|
(720 ILCS 5/26-4.5 new) |
Sec. 26-4.5. Consumer communications privacy. |
(a) For purposes of this Section, "communications company" |
means any
person or organization which owns, controls, operates |
or manages any company
which provides information or |
entertainment electronically to a household,
including but not |
|
limited to a cable or community antenna television system. |
(b) It shall be unlawful for a communications company to: |
(1)
install and use any equipment which would allow a |
communications company
to visually observe or listen to |
what is occurring in an individual subscriber's
household |
without the knowledge or permission of the subscriber; |
(2) provide
any person or public or private |
organization with
a list containing the name of a |
subscriber, unless the communications company
gives notice |
thereof to the subscriber; |
(3) disclose the television viewing
habits of any |
individual subscriber without the subscriber's consent; or |
(4) install or maintain a home-protection scanning |
device in a dwelling
as part of a communication service |
without the express written consent of the occupant. |
(c) Sentence. A violation of this Section is a business |
offense,
punishable by a fine not to exceed $10,000 for each |
violation. |
(d) Civil liability. Any person who has been injured by a |
violation of this Section may commence
an action in the circuit |
court for damages against any communications company
which has |
committed a violation. If the court awards damages, the |
plaintiff
shall be awarded costs.
|
(720 ILCS 5/26-7 new) |
Sec. 26-7. Disorderly conduct with a laser or laser |
|
pointer. |
(a) Definitions. For the purposes of this Section: |
"Aircraft" means any contrivance now known or |
hereafter invented, used, or designed for navigation of or |
flight in the air, but excluding parachutes. |
"Laser" means both of the following: |
(1) any device that utilizes the natural |
oscillations of atoms or molecules between energy |
levels for generating coherent electromagnetic |
radiation in the ultraviolet, visible, or infrared |
region of the spectrum and when discharged exceeds one |
milliwatt continuous wave; |
(2) any device designed or used to amplify |
electromagnetic radiation by simulated emission that |
is visible to the human eye. |
"Laser pointer" means a hand-held device that emits |
light amplified by the
stimulated emission of radiation |
that is visible to the human eye. |
"Laser sight" means a laser pointer that can be |
attached to a firearm and can
be used to improve the |
accuracy of the firearm. |
(b) A person commits disorderly conduct with a laser or |
laser pointer when he or she intentionally or knowingly: |
(1) aims an operating laser pointer at a person he or |
she knows or
reasonably should know to be a
peace officer; |
or |
|
(2) aims and discharges a laser or other device that |
creates visible light into the cockpit of an aircraft that |
is in the process of taking off, landing, or is in flight. |
(c) Paragraph (2) of subsection (b) does not apply to the |
following individuals who aim and discharge a laser or other |
device at an aircraft: |
(1) an authorized individual in the conduct of research |
and development or flight test operations conducted by an |
aircraft manufacturer, the Federal Aviation |
Administration, or any other person authorized by the |
Federal Aviation Administration to conduct this research |
and development or flight test operations; or |
(2) members or elements of the Department of Defense or |
Department of Homeland Security acting in an official |
capacity for the purpose of research, development, |
operations, testing, or training. |
(d) Sentence. Disorderly conduct with a laser or laser |
pointer is a Class A misdemeanor.
|
(720 ILCS 5/Art. 26.5 heading new) |
ARTICLE 26.5. HARASSING AND OBSCENE COMMUNICATIONS
|
(720 ILCS 5/26.5-0.1 new) |
Sec. 26.5-0.1. Definitions. As used in this Article: |
"Electronic communication" means any transfer of signs, |
signals,
writings, images, sounds, data or intelligence of any |
|
nature transmitted in
whole or in part by a wire, radio, |
electromagnetic, photoelectric or
photo-optical system. |
"Electronic communication" includes transmissions through an |
electronic device including, but not limited to, a telephone, |
cellular phone, computer, or pager, which communication |
includes, but is not limited to, e-mail, instant message, text |
message, or voice mail. |
"Family or household member" includes spouses, former |
spouses,
parents,
children, stepchildren and other persons |
related by blood or by present or
prior
marriage, persons who |
share or formerly shared a common dwelling, persons who
have or |
allegedly share a blood relationship through a child, persons |
who have
or have had a dating or engagement relationship, and |
persons with disabilities
and their personal assistants. For |
purposes of this Article, neither a casual
acquaintanceship nor |
ordinary fraternization between 2 individuals in
business or |
social contexts shall be deemed to constitute a dating
|
relationship. |
"Harass" or "harassing" means knowing conduct which is not |
necessary to accomplish a purpose that is reasonable under the |
circumstances, that would cause a reasonable person emotional |
distress and does cause emotional distress to another.
|
(720 ILCS 5/26.5-1 new) |
Sec. 26.5-1. Transmission of obscene messages. |
(a) A person commits transmission of obscene messages when |
|
he or she sends messages or uses language or
terms which are |
obscene, lewd or immoral with the intent to offend by means
of |
or while using a telephone or telegraph facilities, equipment |
or wires
of any person, firm or corporation engaged in the |
transmission of news or
messages between states or within the |
State of Illinois. |
(b) The trier of fact may infer intent to offend from the |
use of language or terms which are obscene, lewd
or immoral.
|
(720 ILCS 5/26.5-2 new) |
Sec. 26.5-2. Harassment by telephone. |
(a) A person commits harassment by telephone when he or she |
uses telephone communication for any of the following purposes: |
(1) Making any comment, request, suggestion or |
proposal which is obscene,
lewd, lascivious, filthy or |
indecent with an intent to offend; |
(2) Making a telephone call, whether or not |
conversation ensues, with
intent to abuse, threaten or |
harass any person at the called number; |
(3) Making or causing the telephone of another |
repeatedly to ring, with
intent to harass any person at the |
called number; |
(4) Making repeated telephone calls, during which |
conversation ensues,
solely to harass any person at the |
called number; |
(5) Making a telephone call or knowingly inducing a |
|
person to make a
telephone call for the purpose of |
harassing another person who is under 13
years of age, |
regardless of whether the person under 13 years of age |
consents
to the harassment, if the defendant is at least 16 |
years of age at the time of
the commission of the offense; |
or |
(6) Knowingly permitting any telephone under one's |
control to be used
for any of the purposes mentioned |
herein. |
(b) Every telephone directory published for distribution |
to members of the
general public shall contain a notice setting |
forth a summary of the provisions
of this Section. The notice |
shall be printed in type which is no smaller
than any other |
type on the same page and shall be preceded by the word
|
"WARNING".
All telephone companies in this State shall |
cooperate with law enforcement
agencies in using their |
facilities and personnel to detect and prevent
violations
of |
this Article.
|
(720 ILCS 5/26.5-3 new) |
Sec. 26.5-3. Harassment through electronic communications. |
(a) A person commits harassment through electronic
|
communications when he or she uses electronic
communication for |
any of the following purposes: |
(1) Making any comment, request, suggestion or |
proposal which is obscene
with an intent to offend; |
|
(2) Interrupting, with the intent to harass, the |
telephone service or the
electronic communication service |
of any person; |
(3) Transmitting to any person, with the intent to |
harass and regardless
of whether the communication is read |
in its entirety or at all, any file,
document, or other |
communication which prevents that person from using his or
|
her telephone service or electronic communications device; |
(4) Transmitting an electronic communication or |
knowingly inducing a
person to transmit an electronic |
communication for the purpose of harassing
another person |
who is under 13 years of age, regardless of whether the |
person
under 13 years of age consents to the harassment, if |
the defendant is at least
16 years of age at the time of |
the commission of the offense; |
(5) Threatening injury to the person or to the property |
of the person to
whom an electronic communication is |
directed or to any of his or her family or
household |
members; or |
(6) Knowingly permitting any electronic communications |
device to be used
for any of the purposes mentioned in this |
subsection (a). |
(b) Telecommunications carriers, commercial mobile service |
providers, and providers of information services, including, |
but not limited to, Internet service providers and hosting |
service providers, are not liable under this Section, except |
|
for willful and wanton misconduct, by virtue of the |
transmission, storage, or caching of electronic communications |
or messages of others or by virtue of the provision of other |
related telecommunications, commercial mobile services, or |
information services used by others in violation of this |
Section.
|
(720 ILCS 5/26.5-4 new) |
Sec. 26.5-4. Evidence inference. Evidence that a defendant |
made additional
telephone calls or engaged in additional |
electronic communications after having
been requested by a |
named complainant or by a family or household member of the
|
complainant to stop may be considered as evidence of an intent |
to harass unless
disproved by evidence to the contrary.
|
(720 ILCS 5/26.5-5 new) |
Sec. 26.5-5. Sentence. |
(a) Except as provided in
subsection (b), a
person who |
violates any of the provisions of
Section 26.5-1, 26.5-2, or |
26.5-3 of this Article
is guilty of a Class B misdemeanor.
|
Except as provided
in subsection (b), a second or subsequent
|
violation of Section 26.5-1, 26.5-2, or 26.5-3 of this
Article |
is a Class A
misdemeanor, for which the
court
shall impose a |
minimum of 14 days in
jail or, if public or
community service |
is established in the county in which the offender was
|
convicted, 240 hours of public or community service. |
|
(b) In any of the following circumstances, a person who |
violates Section 26.5-1, 26.5-2, or 26.5-3 of this Article |
shall be guilty of a Class 4 felony: |
(1) The person has 3 or more prior violations in the |
last 10 years of
harassment
by
telephone, harassment |
through electronic
communications, or any similar offense |
of any
other state; |
(2) The person has previously violated the harassment |
by telephone
provisions, or the harassment through |
electronic
communications provisions, or committed any |
similar
offense in any other state with the same victim or |
a member of the victim's family or
household; |
(3) At the time of the offense, the offender was under |
conditions of bail,
probation, conditional discharge, |
mandatory supervised release or was the subject of an order |
of
protection, in this or any other state, prohibiting |
contact with the victim or
any member of the victim's |
family or household; |
(4) In the course of the offense, the offender |
threatened to kill the
victim or any member of the victim's |
family or household; |
(5) The person has been convicted in the last 10 years |
of a forcible
felony
as defined in Section 2-8 of the |
Criminal Code of 1961; |
(6) The person violates paragraph (5) of Section 26.5-2 |
or paragraph
(4) of Section 26.5-3; or |
|
(7) The person was at least 18 years of age at the time |
of the commission of the offense and the victim was under |
18 years of age at the time of the commission of the |
offense. |
(c) The court may order any person
convicted under this |
Article to submit to a psychiatric examination.
|
(720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
|
Sec. 28-1. Gambling.
|
(a) A person commits gambling when he or she :
|
(1) knowingly plays Plays a game of chance or skill for |
money or other thing of
value, unless excepted in |
subsection (b) of this Section; or
|
(2) knowingly makes Makes a wager upon the result of |
any game, contest, or any
political nomination, |
appointment or election; or
|
(3) knowingly operates Operates , keeps, owns, uses, |
purchases, exhibits, rents, sells,
bargains for the sale or |
lease of, manufactures or distributes any
gambling device; |
or
|
(4) contracts Contracts to have or give himself or |
herself or another the option to buy
or sell, or contracts |
to buy or sell, at a future time, any grain or
other |
commodity whatsoever, or any stock or security of any |
company,
where it is at the time of making such contract |
intended by both parties
thereto that the contract to buy |
|
or sell, or the option, whenever
exercised, or the contract |
resulting therefrom, shall be settled, not by
the receipt |
or delivery of such property, but by the payment only of
|
differences in prices thereof; however, the issuance, |
purchase, sale,
exercise, endorsement or guarantee, by or |
through a person registered
with the Secretary of State |
pursuant to Section 8 of the Illinois
Securities Law of |
1953, or by or through a person exempt from such
|
registration under said Section 8, of a put, call, or other |
option to
buy or sell securities which have been registered |
with the Secretary of
State or which are exempt from such |
registration under Section 3 of the
Illinois Securities Law |
of 1953 is not gambling within the meaning of
this |
paragraph (4); or
|
(5) knowingly Knowingly owns or possesses any book, |
instrument or apparatus by
means of which bets or wagers |
have been, or are, recorded or registered,
or knowingly |
possesses any money which he has received in the course of
|
a bet or wager; or
|
(6) knowingly sells Sells pools upon the result of any |
game or contest of skill or
chance, political nomination, |
appointment or election; or
|
(7) knowingly sets Sets up or promotes any lottery or |
sells, offers to sell or
transfers any ticket or share for |
any lottery; or
|
(8) knowingly sets Sets up or promotes any policy game |
|
or sells, offers to sell or
knowingly possesses or |
transfers any policy ticket, slip, record,
document or |
other similar device; or
|
(9) knowingly Knowingly drafts, prints or publishes |
any lottery ticket or share,
or any policy ticket, slip, |
record, document or similar device, except for
such |
activity related to lotteries, bingo games and raffles |
authorized by
and conducted in accordance with the laws of |
Illinois or any other state or
foreign government; or
|
(10) knowingly Knowingly advertises any lottery or |
policy game, except for such
activity related to lotteries, |
bingo games and raffles authorized by and
conducted in |
accordance with the laws of Illinois or any other state; or
|
(11) knowingly Knowingly transmits information as to |
wagers, betting odds, or
changes in betting odds by |
telephone, telegraph, radio, semaphore or
similar means; |
or knowingly installs or maintains equipment for the
|
transmission or receipt of such information; except that |
nothing in this
subdivision (11) prohibits transmission or |
receipt of such information
for use in news reporting of |
sporting events or contests; or
|
(12) knowingly Knowingly establishes, maintains, or |
operates an Internet site that
permits a person to play a |
game of
chance or skill for money or other thing of value |
by means of the Internet or
to make a wager upon the
result |
of any game, contest, political nomination, appointment, |
|
or
election by means of the Internet. This item (12) does |
not apply to activities referenced in items (6) and (6.1) |
of subsection (b) of this Section.
|
(b) Participants in any of the following activities shall |
not be
convicted of gambling therefor :
|
(1) Agreements to compensate for loss caused by the |
happening of
chance including without limitation contracts |
of indemnity or guaranty
and life or health or accident |
insurance.
|
(2) Offers of prizes, award or compensation to the |
actual
contestants in any bona fide contest for the |
determination of skill,
speed, strength or endurance or to |
the owners of animals or vehicles
entered in such contest.
|
(3) Pari-mutuel betting as authorized by the law of |
this State.
|
(4) Manufacture of gambling devices, including the |
acquisition of
essential parts therefor and the assembly |
thereof, for transportation in
interstate or foreign |
commerce to any place outside this State when such
|
transportation is not prohibited by any applicable Federal |
law; or the
manufacture, distribution, or possession of |
video gaming terminals, as
defined in the Video Gaming Act, |
by manufacturers, distributors, and
terminal operators |
licensed to do so under the Video Gaming Act.
|
(5) The game commonly known as "bingo", when conducted |
in accordance
with the Bingo License and Tax Act.
|
|
(6) Lotteries when conducted by the State of Illinois |
in accordance
with the Illinois Lottery Law. This exemption |
includes any activity conducted by the Department of |
Revenue to sell lottery tickets pursuant to the provisions |
of the Illinois Lottery Law and its rules.
|
(6.1) The purchase of lottery tickets through the |
Internet for a lottery conducted by the State of Illinois |
under the program established in Section 7.12 of the |
Illinois Lottery Law.
|
(7) Possession of an antique slot machine that is |
neither used nor
intended to be used in the operation or |
promotion of any unlawful
gambling activity or enterprise. |
For the purpose of this subparagraph
(b)(7), an antique |
slot machine is one manufactured 25 years ago or earlier.
|
(8) Raffles when conducted in accordance with the |
Raffles Act.
|
(9) Charitable games when conducted in accordance with |
the Charitable
Games Act.
|
(10) Pull tabs and jar games when conducted under the |
Illinois Pull
Tabs and Jar Games Act.
|
(11) Gambling games conducted on riverboats when
|
authorized by the Riverboat Gambling Act.
|
(12) Video gaming terminal games at a licensed |
establishment, licensed truck stop establishment,
licensed
|
fraternal establishment, or licensed veterans |
establishment when
conducted in accordance with the Video |
|
Gaming Act. |
(13) Games of skill or chance where money or other |
things of value can be won but no payment or purchase is |
required to participate. |
(c) Sentence.
|
Gambling under subsection (a)(1) or (a)(2) of this Section |
is a
Class A misdemeanor. Gambling under any of subsections |
(a)(3) through
(a)(11) of this Section is a Class A |
misdemeanor. A second or
subsequent conviction under any of |
subsections (a)(3) through (a)(12) (a)(11) ,
is a Class 4 |
felony. Gambling under subsection (a)(12) of this Section is a
|
Class A
misdemeanor. A second or subsequent conviction under |
subsection (a)(12) is a
Class 4 felony.
|
(d) Circumstantial evidence.
|
In prosecutions under subsection (a)(1) through (a)(12) of
|
this
Section circumstantial evidence shall have the same |
validity and weight as
in any criminal prosecution.
|
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; |
96-1203, eff. 7-22-10.)
|
(720 ILCS 5/28-1.1)
(from Ch. 38, par. 28-1.1)
|
Sec. 28-1.1. Syndicated gambling.
|
(a) Declaration of Purpose. Recognizing the close |
relationship between
professional gambling and other organized |
crime, it is declared to be the
policy of the legislature to |
restrain persons from engaging in the business
of gambling for |
|
profit in this State. This Section shall be liberally
construed |
and administered with a view to carrying out this policy.
|
(b) A person commits syndicated gambling when he or she |
operates a "policy
game" or engages in the business of |
bookmaking.
|
(c) A person "operates a policy game" when he or she |
knowingly uses any
premises or property for the purpose of |
receiving or knowingly does
receive from what is commonly |
called "policy":
|
(1) money from a person other than the bettor better or |
player whose
bets or plays are represented by the such |
money; or
|
(2) written "policy game" records, made or used over |
any
period of time, from a person other than the bettor |
better or player whose bets
or plays are represented by the |
such written record.
|
(d) A person engages in bookmaking when he or she knowingly |
receives or accepts more
than five bets or wagers upon the |
result of any trials or contests of
skill, speed or power of |
endurance or upon any lot, chance, casualty,
unknown or |
contingent event whatsoever, which bets or wagers shall be of
|
such size that the total of the amounts of money paid or |
promised to be
paid to the such bookmaker on account thereof |
shall exceed $2,000.
Bookmaking is the receiving or accepting |
of such bets or wagers
regardless of the form or manner in |
which the bookmaker records them.
|
|
(e) Participants in any of the following activities shall |
not be
convicted of syndicated gambling:
|
(1) Agreements to compensate for loss caused by the |
happening
of chance including without limitation contracts |
of indemnity or
guaranty and life or health or accident |
insurance; and
|
(2) Offers of prizes, award or compensation to the |
actual
contestants in any bona fide contest for the |
determination of skill,
speed, strength or endurance or to |
the owners of animals or vehicles
entered in the such |
contest; and
|
(3) Pari-mutuel betting as authorized by law of this |
State;
and
|
(4) Manufacture of gambling devices, including the |
acquisition
of essential parts therefor and the assembly |
thereof, for transportation
in interstate or foreign |
commerce to any place outside this State when
the such |
transportation is not prohibited by any applicable Federal |
law; and
|
(5) Raffles when conducted in accordance with the |
Raffles Act; and
|
(6) Gambling games conducted on riverboats when
|
authorized by the Riverboat Gambling Act; and
|
(7) Video gaming terminal games at a licensed |
establishment, licensed truck stop establishment,
licensed
|
fraternal establishment, or licensed veterans |
|
establishment
when conducted in accordance with the Video |
Gaming Act.
|
(f) Sentence. Syndicated gambling is a Class 3 felony.
|
(Source: P.A. 96-34, eff. 7-13-09.)
|
(720 ILCS 5/30-2) (from Ch. 38, par. 30-2)
|
Sec. 30-2. Misprision of treason.
|
(a) A person owing allegiance to this State commits |
misprision of
treason when he or she knowingly conceals or |
withholds his or her knowledge that another has
committed |
treason against this State.
|
(b) Sentence.
|
Misprision of treason is a Class 4 felony.
|
(Source: P.A. 77-2638.)
|
(720 ILCS 5/31A-0.1 new) |
Sec. 31A-0.1. Definitions. For the purposes of this |
Article: |
"Deliver" or "delivery" means the actual, constructive or |
attempted
transfer of possession of an item of contraband, with |
or without consideration,
whether or not there is an agency |
relationship. |
"Employee" means any elected or appointed officer, trustee |
or
employee of a penal institution or of the governing |
authority of the penal
institution, or any person who performs |
services for the penal institution
pursuant to contract with |
|
the penal institution or its governing
authority. |
"Item of contraband" means any of the following: |
(i) "Alcoholic liquor" as that term is defined in |
Section 1-3.05 of the
Liquor Control Act of 1934. |
(ii) "Cannabis" as that term is defined in subsection |
(a) of Section 3
of the Cannabis Control Act. |
(iii) "Controlled substance" as that term is defined in |
the Illinois
Controlled Substances Act. |
(iii-a) "Methamphetamine" as that term is defined in |
the Illinois Controlled Substances Act or the |
Methamphetamine Control and Community Protection Act. |
(iv) "Hypodermic syringe" or hypodermic needle, or any |
instrument
adapted for use of controlled substances or |
cannabis by subcutaneous injection. |
(v) "Weapon" means any knife, dagger, dirk, billy, |
razor, stiletto,
broken bottle, or other piece of glass |
which could be used as a dangerous
weapon. This term |
includes any of the devices or implements designated in
|
subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of |
this
Code, or any other dangerous weapon or instrument of |
like character. |
(vi) "Firearm" means any device, by whatever name |
known, which is
designed to expel a projectile or |
projectiles by the action of an
explosion, expansion of gas |
or escape of gas, including but not limited to: |
(A) any pneumatic gun, spring gun, or B-B gun which |
|
expels a single
globular projectile not exceeding .18 |
inch in diameter; or |
(B) any device used exclusively for signaling or |
safety and required
as
recommended by the United States |
Coast Guard or the Interstate Commerce
Commission; or |
(C) any device used exclusively for the firing of |
stud cartridges,
explosive rivets or industrial |
ammunition; or |
(D) any device which is powered by electrical |
charging units, such as
batteries, and which fires one |
or several barbs attached to a length of
wire and |
which, upon hitting a human, can send out current |
capable of
disrupting the person's nervous system in |
such a manner as to render him or her incapable of |
normal functioning, commonly referred to as a stun gun |
or taser. |
(vii) "Firearm ammunition" means any self-contained |
cartridge or shotgun
shell, by whatever name known, which |
is designed to be used or adaptable to
use in a firearm, |
including but not limited to: |
(A) any ammunition exclusively designed for use |
with a device used
exclusively for signaling or safety |
and required or recommended by the
United States Coast |
Guard or the Interstate Commerce Commission; or |
(B) any ammunition designed exclusively for use |
with a stud or rivet
driver or other similar industrial |
|
ammunition. |
(viii) "Explosive" means, but is not limited to, bomb, |
bombshell,
grenade, bottle or other container containing |
an explosive substance of
over one-quarter ounce for like |
purposes such as black powder bombs and
Molotov cocktails |
or artillery projectiles. |
(ix) "Tool to defeat security mechanisms" means, but is |
not limited to,
handcuff or security restraint key, tool |
designed to pick locks, popper, or any device or
instrument |
used to or capable of unlocking or preventing from locking |
any handcuff or security restraints, doors to
cells, rooms, |
gates or other areas of the penal institution. |
(x) "Cutting tool" means, but is not limited to, |
hacksaw blade,
wirecutter,
or device, instrument or file |
capable of cutting through metal. |
(xi) "Electronic contraband" for the purposes of |
Section 31A-1.1 of this Article means, but is not limited |
to, any
electronic, video recording device, computer, or |
cellular communications
equipment, including, but not
|
limited to, cellular telephones, cellular telephone |
batteries, videotape
recorders, pagers,
computers, and |
computer peripheral equipment brought into or possessed in |
a
penal institution without the written authorization of |
the Chief Administrative
Officer. "Electronic contraband" |
for the purposes of Section 31A-1.2 of this Article, means, |
but is not limited to, any
electronic, video recording |
|
device, computer, or cellular communications
equipment, |
including, but not
limited to, cellular telephones, |
cellular telephone batteries, videotape
recorders, pagers,
|
computers, and computer peripheral equipment. |
"Penal institution" means any penitentiary, State farm,
|
reformatory, prison, jail, house of correction, police |
detention area,
half-way house or other institution or place |
for the incarceration or
custody of persons under sentence for |
offenses awaiting trial or sentence
for offenses, under arrest |
for an offense, a violation of probation, a
violation of |
parole, or a violation of mandatory supervised release, or
|
awaiting a bail setting hearing or preliminary hearing; |
provided that where
the place for incarceration or custody is |
housed within another public
building this Article shall not |
apply to that part of the building unrelated
to the |
incarceration or custody of persons.
|
(720 ILCS 5/31A-1.1) (from Ch. 38, par. 31A-1.1) |
Sec. 31A-1.1. Bringing Contraband into a Penal |
Institution;
Possessing Contraband in a Penal Institution. |
(a) A person commits the offense of bringing contraband |
into a penal
institution when he or she knowingly and without |
authority of any person designated
or authorized to grant this |
such authority (1) brings an item of contraband into
a penal |
institution or (2) causes another to bring an item of
|
contraband into a penal institution or (3) places an item of
|
|
contraband in such proximity to a penal institution as to give |
an
inmate access to the contraband. |
(b) A person commits the offense of possessing contraband |
in a
penal institution when he or she knowingly possesses |
contraband in a penal institution,
regardless of the intent |
with which he or she possesses it. |
(c) (Blank). For the purposes of this Section, the words |
and phrases
listed below shall be defined as follows: |
(1) "Penal institution" means any penitentiary, State |
farm,
reformatory, prison, jail, house of correction, |
police detention area,
half-way house or other institution |
or place for the incarceration or
custody of persons under |
sentence for offenses awaiting trial or sentence
for |
offenses, under arrest for an offense, a violation of |
probation, a
violation of parole, or a violation of |
mandatory supervised release, or
awaiting a bail setting |
hearing or preliminary hearing; provided that where
the |
place for incarceration or custody is housed within another |
public
building this Act shall not apply to that part of |
such building unrelated
to the incarceration or custody of |
persons. |
(2) "Item of contraband" means any of the following: |
(i) "Alcoholic liquor" as such term is defined in |
Section 1-3.05 of the
Liquor Control Act of 1934. |
(ii) "Cannabis" as such term is defined in |
subsection (a) of Section 3
of the Cannabis Control |
|
Act. |
(iii) "Controlled substance" as such term is |
defined in the Illinois
Controlled Substances Act. |
(iii-a) "Methamphetamine" as such term is defined |
in the Illinois Controlled Substances Act or the |
Methamphetamine Control and Community Protection Act.
|
(iv) "Hypodermic syringe" or hypodermic needle, or |
any instrument
adapted for use of controlled |
substances or cannabis by subcutaneous injection. |
(v) "Weapon" means any knife, dagger, dirk, billy, |
razor, stiletto,
broken bottle, or other piece of glass |
which could be used as a dangerous
weapon. Such term |
includes any of the devices or implements designated in
|
subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 |
of this
Act, or any other dangerous weapon or |
instrument of like character. |
(vi) "Firearm" means any device, by whatever name |
known, which is
designed to expel a projectile or |
projectiles by the action of an
explosion, expansion of |
gas or escape of gas, including but not limited to: |
(A) any pneumatic gun, spring gun, or B-B gun |
which expels a single
globular projectile not |
exceeding .18 inch in diameter, or; |
(B) any device used exclusively for signaling |
or safety and required
as
recommended by the United |
States Coast Guard or the Interstate Commerce
|
|
Commission; or |
(C) any device used exclusively for the firing |
of stud cartridges,
explosive rivets or industrial |
ammunition; or |
(D) any device which is powered by electrical |
charging units, such as
batteries, and which fires |
one or several barbs attached to a length of
wire |
and which, upon hitting a human, can send out |
current capable of
disrupting the person's nervous |
system in such a manner as to render him
incapable |
of normal functioning, commonly referred to as a |
stun gun or taser. |
(vii) "Firearm ammunition" means any |
self-contained cartridge or shotgun
shell, by whatever |
name known, which is designed to be used or adaptable |
to
use in a firearm, including but not limited to: |
(A) any ammunition exclusively designed for |
use with a device used
exclusively for signaling or |
safety and required or recommended by the
United |
States Coast Guard or the Interstate Commerce |
Commission; or |
(B) any ammunition designed exclusively for |
use with a stud or rivet
driver or other similar |
industrial ammunition. |
(viii) "Explosive" means, but is not limited to, |
bomb, bombshell,
grenade, bottle or other container |
|
containing an explosive substance of
over one-quarter |
ounce for like purposes such as black powder bombs and
|
Molotov cocktails or artillery projectiles. |
(ix) "Tool to defeat security mechanisms" means, |
but is not limited to,
handcuff or security restraint |
key, tool designed to pick locks, popper, or any device |
or
instrument used to or capable of unlocking or |
preventing from locking any handcuff or security |
restraints, doors to
cells, rooms, gates or other areas |
of the penal institution. |
(x) "Cutting tool" means, but is not limited to, |
hacksaw blade,
wirecutter,
or device, instrument or |
file capable of cutting through metal. |
(xi) "Electronic contraband" means, but is not |
limited to, any
electronic, video recording device, |
computer, or cellular communications
equipment, |
including, but not
limited to, cellular telephones, |
cellular telephone batteries, videotape
recorders, |
pagers,
computers, and computer peripheral equipment |
brought into or possessed in a
penal institution |
without the written authorization of the Chief |
Administrative
Officer. |
(d) Sentence. |
(1) Bringing into or possessing alcoholic liquor in |
into a penal institution is a Class 4
felony. Possessing |
alcoholic liquor in a penal institution is a Class 4
|
|
felony. |
(2) (e) Bringing into or possessing cannabis in into a |
penal institution is a Class 3 felony.
Possessing cannabis |
in a penal institution is a Class 3 felony. |
(3) (f) Bringing into or possessing any amount of a |
controlled substance classified in
Schedules III, IV or V |
of Article II of the Controlled Substance Act in into a
|
penal institution is a Class 2 felony. Possessing any |
amount of a
controlled substance classified in Schedule |
III, IV, or V of Article II of
the Controlled Substance Act |
in a penal institution is a Class 2 felony. |
(4) (g) Bringing into or possessing any amount of a |
controlled substance classified in
Schedules I or II of |
Article II of the Controlled Substance Act in into a
penal |
institution is a Class 1 felony. Possessing any amount of a
|
controlled substance classified in Schedules I or II of |
Article II of the
Controlled Substance Act in a penal |
institution is a Class 1 felony. |
(5) (h) Bringing into or possessing a hypodermic |
syringe in an item of contraband listed in paragraph (iv) |
of
subsection (c)(2) into a penal institution is a Class 1 |
felony. Possessing
an item of contraband listed in |
paragraph (iv) of subsection (c)(2) in a
penal institution |
is a Class 1 felony. |
(6) (i) Bringing into or possessing a weapon, tool to |
defeat security mechanisms, cutting tool, or electronic |
|
contraband in an item of contraband listed in paragraph |
(v), (ix),
(x), or (xi)
of subsection
(c)(2) into a penal |
institution is a Class 1 felony. Possessing an item of
|
contraband listed in paragraph (v), (ix), (x), or (xi) of
|
subsection (c)(2) in a
penal
institution is a Class 1 |
felony. |
(7) (j) Bringing into or possessing a firearm, firearm |
ammunition, or explosive an item of contraband listed in |
paragraphs (vi), (vii) or
(viii) of subsection (c)(2) in a |
penal institution is a Class X felony.
Possessing an item |
of contraband listed in paragraphs (vi), (vii), or
(viii) |
of subsection (c)(2) in a penal institution is a Class X |
felony. |
(e) (k) It shall be an affirmative defense to subsection
|
(b) hereof , that
the such possession was specifically |
authorized by rule, regulation, or
directive of the governing |
authority of the penal institution or order
issued under it |
pursuant thereto . |
(f) (l) It shall be an affirmative defense to subsection |
(a)(1) and
subsection (b) hereof that the person bringing into |
or possessing
contraband in a penal institution had been |
arrested, and that that person
possessed the such contraband at |
the time of his
or her arrest, and that the such contraband was |
brought into or possessed in the penal
institution by that |
person as a direct and immediate result of his or her arrest. |
(g) (m) Items confiscated may be retained for use by the |
|
Department of
Corrections or disposed of as deemed appropriate |
by the Chief Administrative
Officer in accordance with |
Department rules or disposed of as required by
law. |
(Source: P.A. 96-1112, eff. 1-1-11 .)
|
(720 ILCS 5/31A-1.2) (from Ch. 38, par. 31A-1.2) |
Sec. 31A-1.2. Unauthorized bringing of contraband into a |
penal institution
by an employee; unauthorized possessing of |
contraband in a penal institution by
an employee; unauthorized |
delivery of contraband in a penal institution by an
employee. |
(a) A person commits the offense of unauthorized bringing |
of contraband into
a penal institution by an employee when a |
person who is an employee knowingly
and without authority of
|
any person designated or authorized to grant this such
|
authority: |
(1) brings or attempts to bring an item of contraband |
listed in subsection (d)(4) into a penal institution, or |
(2) causes or permits another to bring an item of |
contraband listed in
subsection (d)(4) into a penal
|
institution. |
(b) A person commits the offense of unauthorized possession |
of contraband in
a penal institution by an employee when a |
person who is an employee knowingly
and without authority of |
any person designated or authorized to grant this such
|
authority possesses an item of contraband listed in
subsection |
(d)(4) in a penal institution, regardless of the intent with |
|
which
he or she possesses it. |
(c) A person commits the offense of unauthorized delivery |
of contraband
in a penal institution by an employee when a |
person who is an employee
knowingly and without authority of |
any person designated or authorized to grant
this such |
authority: |
(1) delivers or possesses with intent to deliver an |
item of contraband
to any inmate of a penal institution, or |
(2) conspires to deliver or solicits the delivery of an |
item of
contraband to any inmate of a penal institution, or |
(3) causes or permits the delivery of an item of |
contraband to any
inmate of a penal institution, or |
(4) permits another person to attempt to deliver an |
item of contraband to
any inmate of a penal institution. |
(d) For purpose of this Section, the words and phrases |
listed below
shall be defined as follows: |
(1) "Penal Institution" shall have the meaning |
ascribed to it in
subsection (c)(1) of Section 31A-1.1 of |
this Code; |
(2) "Employee" means any elected or appointed officer, |
trustee or
employee of a penal institution or of the |
governing authority of the penal
institution, or any person |
who performs services for the penal institution
pursuant to |
contract with the penal institution or its governing
|
authority. |
(3) "Deliver" or "delivery" means the actual, |
|
constructive or attempted
transfer of possession of an item |
of contraband, with or without consideration,
whether or |
not there is an agency relationship; |
(4) "Item of contraband" means any of the following: |
(i) "Alcoholic liquor" as such term is defined in |
Section 1-3.05 of the
Liquor Control Act of 1934. |
(ii) "Cannabis" as such term is defined in |
subsection (a) of
Section 3 of the Cannabis Control |
Act. |
(iii) "Controlled substance" as such term is |
defined in the Illinois
Controlled Substances Act. |
(iii-a) "Methamphetamine" as such term is defined |
in the Illinois Controlled Substances Act or the |
Methamphetamine Control and Community Protection Act. |
(iv) "Hypodermic syringe" or hypodermic needle, or |
any instrument
adapted for use of controlled |
substances or cannabis by subcutaneous injection. |
(v) "Weapon" means any knife, dagger, dirk, billy, |
razor, stiletto,
broken bottle, or other piece of glass |
which could be used as a dangerous
weapon. Such term |
includes any of the devices or implements designated in
|
subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 |
of this Act, or any
other dangerous weapon or |
instrument of like character. |
(vi) "Firearm" means any device, by whatever name |
known, which is
designed to expel a projectile or |
|
projectiles by the action of an explosion,
expansion of |
gas or escape of gas, including but not limited to: |
(A) any pneumatic gun, spring gun, or B-B gun |
which expels a single
globular projectile not |
exceeding .18 inch in diameter; or |
(B) any device used exclusively for signaling |
or safety and required
or recommended by the United |
States Coast Guard or the Interstate Commerce
|
Commission; or |
(C) any device used exclusively for the firing |
of stud cartridges,
explosive rivets or industrial |
ammunition; or |
(D) any device which is powered by electrical |
charging units, such as
batteries, and which fires |
one or several barbs attached to a length of
wire |
and which, upon hitting a human, can send out |
current capable of
disrupting the person's nervous |
system in such a manner as to render him
incapable |
of normal functioning, commonly referred to as a |
stun gun or taser. |
(vii) "Firearm ammunition" means any |
self-contained cartridge or shotgun
shell, by whatever |
name known, which is designed to be used or adaptable |
to
use in a firearm, including but not limited to: |
(A) any ammunition exclusively designed for |
use with a device used
exclusively for signaling or |
|
safety and required or recommended by the
United |
States Coast Guard or the Interstate Commerce |
Commission; or |
(B) any ammunition designed exclusively for |
use with a stud or rivet
driver or other similar |
industrial ammunition. |
(viii) "Explosive" means, but is not limited to, |
bomb, bombshell,
grenade, bottle or other container |
containing an explosive substance of
over one-quarter |
ounce for like purposes such as black powder bombs and
|
Molotov cocktails or artillery projectiles. |
(ix) "Tool to defeat security mechanisms" means, |
but is not limited
to,
handcuff or security restraint |
key, tool designed to pick locks, popper, or any device |
or
instrument used to or capable of unlocking or |
preventing from locking any handcuff or security |
restraints, doors to
cells, rooms, gates or other areas |
of the penal institution. |
(x) "Cutting tool" means, but is not limited to, |
hacksaw blade,
wirecutter, or device, instrument or |
file capable of cutting through metal. |
(xi) "Electronic contraband" means, but is not |
limited to, any
electronic, video recording device, |
computer, or cellular communications
equipment, |
including, but not
limited to, cellular telephones, |
cellular telephone batteries, videotape
recorders, |
|
pagers,
computers, and computer peripheral equipment. |
For a violation of subsection (a) or (b) involving a |
cellular telephone or cellular telephone battery, the |
defendant must intend to provide the cellular telephone or |
cellular telephone battery to any inmate in a penal |
institution, or to use the cellular telephone or cellular |
telephone battery at the direction of an inmate or for the |
benefit of any inmate of a penal institution. |
(e) Sentence. |
(1) A violation of paragraphs (a) or (b) of this |
Section involving alcohol
is a Class 4 felony. A violation |
of paragraph (a) or (b) of this Section
involving cannabis |
is a Class 2 felony. A violation of paragraph (a) or (b)
|
involving any amount of a controlled substance classified |
in Schedules III, IV
or V of Article II of the Illinois |
Controlled Substances Act is a Class 1
felony. A
violation |
of paragraph (a) or (b) of this Section involving any |
amount of a
controlled substance classified in Schedules I |
or II of Article II of the
Illinois Controlled Substances |
Act is a Class X felony. A violation of
paragraph (a) or
|
(b) involving a hypodermic syringe an item of contraband |
listed in paragraph (iv) of subsection
(d)(4) is a Class X |
felony. A violation of paragraph (a) or (b) involving a |
weapon, tool to defeat security mechanisms, cutting tool, |
or electronic contraband an
item of contraband listed in |
paragraph (v), (ix), (x), or (xi) of subsection (d)(4) is
a |
|
Class 1
felony. A violation of paragraph (a) or (b) |
involving a firearm, firearm ammunition, or explosive an |
item of contraband
listed in paragraphs (vi), (vii) or |
(viii) of subsection (d)(4) is a Class X
felony. |
(2) (f) A violation of paragraph (c) of this Section |
involving alcoholic
liquor is a Class 3 felony. A violation |
of paragraph (c) involving cannabis
is a Class 1 felony. A |
violation of paragraph (c) involving any amount of a
|
controlled substance classified in Schedules III, IV or V |
of Article II of the
Illinois Controlled Substances Act is |
a Class X felony. A violation of
paragraph (c)
involving |
any amount of a controlled substance classified in |
Schedules I or II
of Article II of the Illinois Controlled |
Substances Act is a Class X felony
for which
the minimum |
term of imprisonment shall be 8 years. A violation of |
paragraph
(c) involving a hypodermic syringe an item of |
contraband listed in paragraph (iv) of subsection
(d)(4) is |
a Class X felony for which the minimum term of imprisonment |
shall be
8 years. A violation of paragraph (c) involving a |
weapon, tool to defeat security mechanisms, cutting tool, |
or electronic contraband an item of contraband listed
in |
paragraph (v), (ix), (x), or (xi) of subsection (d)(4) is a |
Class X felony for
which the minimum
term of imprisonment |
shall be 10 years. A violation of paragraph (c) involving
a |
firearm, firearm ammunition, or explosive an item of |
contraband listed in paragraphs (vi), (vii) or (viii) of |
|
subsection
(d)(4) is a Class X felony for which the minimum |
term of imprisonment shall be
12 years. |
(f) (g) Items confiscated may be retained for use by the |
Department of
Corrections or disposed of as deemed appropriate |
by the Chief Administrative
Officer in accordance with |
Department rules or disposed of as required by
law. |
(g) (h) For a violation of subsection (a) or (b) involving |
alcoholic liquor, a weapon, firearm, firearm ammunition, tool |
to defeat security mechanisms, cutting tool, or electronic |
contraband items described in clause (i), (v), (vi), (vii), |
(ix), (x), or (xi) of paragraph (4) of subsection (d) , the such |
items shall not be considered to be in a penal institution when |
they are secured in an employee's locked, private motor vehicle |
parked on the grounds of a penal institution. |
(Source: P.A. 96-328, eff. 8-11-09; 96-1112, eff. 1-1-11; |
96-1325, eff. 7-27-10; 97-333, eff. 8-12-11.)
|
(720 ILCS 5/32-1) (from Ch. 38, par. 32-1)
|
Sec. 32-1. Compounding a crime.
|
(a) A person commits compounding compounds a crime when he |
or she knowingly receives or offers to another any
|
consideration for a promise not to prosecute or aid in the |
prosecution of
an offender.
|
(b) Sentence. Compounding a crime is a petty offense.
|
(Source: P.A. 77-2638.)
|
|
(720 ILCS 5/32-2) (from Ch. 38, par. 32-2)
|
Sec. 32-2. Perjury.
|
(a) A person commits perjury when, under oath or |
affirmation, in a
proceeding or in any other matter where by |
law the such oath or affirmation is
required, he or she makes a |
false statement, material to the issue or point in
question, |
knowing the statement is false which he does not believe to be |
true .
|
(b) Proof of Falsity.
|
An indictment or information for perjury alleging that the |
offender,
under oath, has knowingly made contradictory |
statements, material to the issue or
point in question, in the |
same or in different proceedings, where the such oath
or |
affirmation is required, need not specify which statement is |
false. At
the trial, the prosecution need not establish which |
statement is false.
|
(c) Admission of Falsity.
|
Where the contradictory statements are made in the same |
continuous
trial, an admission by the offender in that same |
continuous trial of the
falsity of a contradictory statement |
shall bar prosecution therefor under
any provisions of this |
Code.
|
(d) A person shall be exempt from prosecution under |
subsection (a) of
this Section if he or she is a peace officer |
who uses a false or fictitious name
in the enforcement of the |
criminal laws,
and this such use is approved in writing as |
|
provided in Section 10-1 of "The
Liquor Control Act of 1934", |
as amended, Section 5 of "An Act in relation to
the
use of an |
assumed name in the conduct or transaction of business in this
|
State", approved
July 17, 1941, as amended, or Section 2605-200 |
of the Department
of State Police Law (20 ILCS 2605/2605-200) . |
However, this exemption shall not apply to testimony
in |
judicial proceedings where the identity of the peace officer is |
material
to the issue, and he or she is ordered by the court to |
disclose his or her identity.
|
(e) Sentence.
|
Perjury is a Class 3 felony.
|
(Source: P.A. 91-239, eff. 1-1-00.)
|
(720 ILCS 5/32-3) (from Ch. 38, par. 32-3)
|
Sec. 32-3. Subornation of perjury.
|
(a) A person commits subornation of perjury when he or she |
knowingly procures or induces
another to make a statement in |
violation of Section 32-2 which the person
knows to be false.
|
(b) Sentence.
|
Subornation of perjury is a Class 4 felony.
|
(Source: P.A. 77-2638.)
|
(720 ILCS 5/32-4b) (from Ch. 38, par. 32-4b)
|
Sec. 32-4b. Bribery for excuse from jury duty. |
(a) A jury commissioner , or any other person acting on |
behalf of
a jury commissioner , commits bribery for excuse from |
|
jury duty, when he or she knowingly who requests, solicits, |
suggests, or accepts financial
compensation or any other form |
of consideration in exchange for a promise
to excuse or for |
excusing any person from jury duty . |
(b) Sentence. Bribery for excuse from jury duty is commits |
a Class 3 felony. In addition to any other penalty provided by |
law, a any jury commissioner
convicted under this Section shall |
forfeit the performance bond required by
Section 1 of "An Act |
in relation to jury commissioners and authorizing
judges to |
appoint such commissioners and to make rules concerning their
|
powers and duties", approved June 15, 1887, as amended, and |
shall be
excluded from further service as a jury commissioner.
|
(Source: P.A. 84-1428.)
|
(720 ILCS 5/32-4c)
|
Sec. 32-4c. Witnesses; prohibition on accepting payments |
before judgment
or verdict. |
(a) A person who, after the commencement of a criminal |
prosecution, has
been identified in the criminal discovery |
process
as a person who may be called as a witness in a |
criminal proceeding shall not
knowingly accept or receive,
|
directly or indirectly, any payment or benefit in consideration |
for providing
information obtained as a result of witnessing an |
event or occurrence or
having
personal knowledge of certain |
facts in relation to the criminal proceeding.
|
(b) Sentence. A violation of this Section is a Class B |
|
misdemeanor for which the court
may impose a fine not to exceed |
3 times the amount of compensation requested,
accepted, or |
received.
|
(c) This Section remains applicable until the judgment of |
the court in the
action if the defendant is tried by the court |
without a jury
or the rendering of
the
verdict by the jury if |
the defendant is tried by jury in the action.
|
(d) This Section does not apply to any of the following |
circumstances:
|
(1) Lawful To the lawful compensation paid to expert |
witnesses, investigators,
employees, or agents by a |
prosecutor, law enforcement agency, or an attorney
|
employed to represent a person in a criminal matter.
|
(2) Lawful To the lawful compensation
or benefits
|
provided to an informant by a prosecutor or
law
enforcement |
agency.
|
(2.5) Lawful To the lawful compensation or benefits, or |
both, provided to an
informant under a local
anti-crime |
program, such as Crime Stoppers, We-Tip, and similar |
programs
designed to solve crimes or that foster the |
detection of crime and encourage
persons through the |
programs and otherwise to come forward with information
|
about criminal activity.
|
(2.6) Lawful To the lawful compensation or benefits, or |
both, provided by a
private individual to another private |
individual
as a reward for information leading to the
|
|
arrest and conviction of specified offenders.
|
(3) Lawful To the lawful compensation paid to a |
publisher, editor, reporter,
writer, or
other person |
connected with or employed by a newspaper, magazine,
|
television or radio
station or any other publishing or |
media outlet for disclosing information
obtained from
|
another person relating to an offense.
|
(e) For purposes of this Section, "publishing or media |
outlet" means a
news gathering organization that sells or |
distributes news to newspapers,
television, or radio stations, |
or a cable or broadcast television or radio
network that |
disseminates news and information.
|
(f) The person identified as a witness referred to in |
subsection (a) of this Section may receive
written notice from |
counsel for either the prosecution or defense of the fact
that |
he or she has been identified as a person who may be called as a |
witness
who may be called in
a criminal proceeding and his or |
her responsibilities and possible
penalties under this |
Section. This Section shall be applicable only if the
witness |
person referred to in subsection (a) of this Section received |
the written
notice referred to in this subsection (f) .
|
(Source: P.A. 90-506, eff. 8-19-97 .)
|
(720 ILCS 5/32-4d)
|
Sec. 32-4d. Payment of jurors by parties prohibited.
|
(a) After a verdict has been rendered in a civil or |
|
criminal case, a person
who was
a plaintiff or defendant in the |
case may not knowingly offer or pay an award or other fee
to a |
juror
who was a member of the jury that rendered the verdict in |
the case.
|
(b) After a verdict has been rendered in a civil or |
criminal case, a member
of the
jury that rendered the verdict |
may not knowingly accept an award or fee from the
plaintiff or
|
defendant in that case.
|
(c) Sentence. A violation of this Section is a Class A |
misdemeanor.
|
(d) This Section does not apply to the payment of a fee or |
award to a
person who was a juror for purposes unrelated to the |
jury's verdict or to the
outcome of
the case.
|
(Source: P.A. 91-879, eff. 1-1-01.)
|
(720 ILCS 5/32-7) (from Ch. 38, par. 32-7)
|
Sec. 32-7. Simulating legal process.
|
(a) A person commits simulating legal process when he or |
she who issues or delivers any document which he or she knows |
falsely
purports to be or simulates any civil or criminal |
process commits a Class B
misdemeanor .
|
(b) Sentence. Simulating legal process is a Class B
|
misdemeanor. |
(Source: P.A. 77-2638.)
|
(720 ILCS 5/32-8) (from Ch. 38, par. 32-8)
|
|
Sec. 32-8. Tampering with public records.
|
(a) A person commits tampering with public records when he |
or she who knowingly, without lawful authority, and with the |
intent to defraud any party, public officer or entity, alters, |
destroys,
defaces, removes or conceals any public record |
commits a Class 4 felony . |
(b) (Blank). "Public record" expressly includes, but is not |
limited to, court records, or documents, evidence, or exhibits |
filed with the clerk of the court and which have become a part |
of the official court record, pertaining to any civil or |
criminal proceeding in any court. |
(c) A Any judge, circuit clerk or clerk of court, public |
official or employee, court reporter, or other person commits |
tampering with public records when he or she who knowingly, |
without lawful authority, and with the intent to defraud any |
party, public officer or entity, alters, destroys, defaces, |
removes, or conceals any public record received or held by any |
judge or by a clerk of any court commits a Class 3 felony . |
(c-5) "Public record" expressly includes, but is not |
limited to, court records, or documents, evidence, or exhibits |
filed with the clerk of the court and which have become a part |
of the official court record, pertaining to any civil or |
criminal proceeding in any court. |
(d) Sentence. A violation of subsection (a) is a Class 4 |
felony. A violation of subsection (c) is a Class 3 felony. Any |
person convicted under subsection (c) who at the time of the |
|
violation was responsible for making, keeping, storing, or |
reporting the record for which the tampering occurred: |
(1) shall forfeit his or her public office or public |
employment, if any, and shall thereafter be ineligible for |
both State and local public office and public employment in |
this State for a period of 5 years after completion of any |
term of probation, conditional discharge, or incarceration |
in a penitentiary including the period of mandatory |
supervised release; |
(2) shall forfeit all retirement, pension, and other |
benefits arising out of public office or public employment |
as may be determined by the court in accordance with the |
applicable provisions of the Illinois Pension Code; |
(3) shall be subject to termination of any professional |
licensure or registration in this State as may be |
determined by the court in accordance with the provisions |
of the applicable professional licensing or registration |
laws; |
(4) may be ordered by the court, after a hearing in |
accordance with applicable law and in addition to any other |
penalty or fine imposed by the court, to forfeit to the |
State an amount equal to any financial gain or the value of |
any advantage realized by the person as a result of the |
offense; and |
(5) may be ordered by the court, after a hearing in |
accordance with applicable law and in addition to any other |
|
penalty or fine imposed by the court, to pay restitution to |
the victim in an amount equal to any financial loss or the |
value of any advantage lost by the victim as a result of |
the offense. |
For the purposes of this subsection (d), an offense under |
subsection (c) committed by a person holding public office or |
public employment shall be rebuttably presumed to relate to or |
arise out of or in connection with that public office or public |
employment. |
(e) Any party litigant who believes a violation of this |
Section has occurred may seek the restoration of the court |
record as provided in the Court Records Restoration Act. Any |
order of the court denying the restoration of the court record |
may be appealed as any other civil judgment. |
(f) When the sheriff or local law enforcement agency having |
jurisdiction declines to investigate, or inadequately |
investigates, the court or any interested party, shall notify |
the State Police of a suspected violation of subsection (a) or |
(c), who shall have the authority to investigate, and may |
investigate, the same, without regard to whether the such local |
law enforcement agency has requested the State Police to do so. |
(g) If the State's Attorney having jurisdiction declines to |
prosecute a violation of subsection (a) or (c), the court or |
interested party shall notify the Attorney General of the such |
refusal. The Attorney General shall, thereafter, have the |
authority to prosecute, and may prosecute, the violation same , |
|
without a referral from the such State's Attorney. |
(h) Prosecution of a violation of subsection (c) shall be |
commenced within 3 years after the act constituting the |
violation is discovered or reasonably should have been |
discovered.
|
(Source: P.A. 96-1217, eff. 1-1-11; 96-1508, eff. 6-1-11 .)
|
(720 ILCS 5/32-9) (from Ch. 38, par. 32-9)
|
Sec. 32-9. Tampering with public notice.
|
(a) A person commits tampering with public notice when he |
or she who knowingly and without lawful authority alters, |
destroys,
defaces, removes or conceals any public notice, |
posted according to law,
during the time for which the notice |
was to remain posted , commits a petty
offense .
|
(b) Sentence. Tampering with public notice is a petty |
offense. |
(Source: P.A. 77-2638.)
|
(720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
|
Sec. 32-10. Violation of bail bond.
|
(a) Whoever, having been admitted to bail for appearance |
before any
court of
this State, incurs a forfeiture of the bail |
and knowingly willfully fails to surrender
himself or herself |
within 30 days following the date of the such forfeiture, |
commits, if
the bail was given in connection with a charge of |
felony or pending appeal
or certiorari after conviction of any |
|
offense, a felony of the next lower
Class or a Class A |
misdemeanor if the underlying offense was a Class 4 felony;
or, |
if the bail was given in connection with a charge
of committing |
a misdemeanor, or for appearance as a witness, commits a
|
misdemeanor of the next lower Class, but not less than a Class |
C misdemeanor.
|
(a-5) Any person who knowingly violates a condition of bail |
bond by possessing a
firearm in violation of his or her |
conditions of bail commits a Class 4 felony
for a first |
violation and a Class 3 felony for a second or subsequent |
violation.
|
(b) Whoever, having been admitted to bail for appearance |
before
any court
of this State, while charged with a criminal |
offense in which the victim is a
family or household member as |
defined in Article 112A of the Code of Criminal
Procedure of |
1963, knowingly violates a condition of that release as set |
forth
in Section 110-10, subsection (d) of the Code of Criminal |
Procedure of 1963,
commits a Class A misdemeanor.
|
(c) Whoever, having been admitted to bail for appearance |
before
any court
of this State for a felony, Class A |
misdemeanor or a
criminal offense in which the victim is a |
family
or household member as defined in Article 112A of the |
Code of Criminal
Procedure of 1963, is charged with any other
|
felony, Class A misdemeanor,
or a
criminal offense in which the |
victim is a family or household
member as
defined in Article |
112A of the Code of Criminal Procedure of 1963 while on
this |
|
such
release, must appear before the court before
bail is |
statutorily set.
|
(d) Nothing in this Section shall interfere with or
prevent |
the exercise
by
any court of its power to punishment for |
contempt.
Any sentence imposed for violation of this Section |
shall be served
consecutive to the sentence imposed for the |
charge for which bail had been
granted and with respect to |
which the defendant has been convicted.
|
(Source: P.A. 91-696, eff. 4-13-00.)
|
(720 ILCS 5/32-15 new) |
Sec. 32-15. Bail bond false statement. Any person who in |
any affidavit, document,
schedule or other application to |
become surety or bail for another on any
bail bond or |
recognizance in any civil or criminal proceeding then pending
|
or about to be started against the other person, having taken a |
lawful
oath or made affirmation, shall swear or affirm |
wilfully, corruptly and
falsely as to the ownership or liens or |
incumbrances upon or the value of
any real or personal property |
alleged to be owned by the person proposed as
surety or bail, |
the financial worth or standing of the person proposed as
|
surety or bail, or as to the number or total penalties of all |
other bonds
or recognizances signed by and standing against the |
proposed surety or
bail, or any person who, having taken a |
lawful oath or made affirmation,
shall testify wilfully, |
corruptly and falsely as to any of said matters for
the purpose |
|
of inducing the approval of any such bail bond or recognizance;
|
or for the purpose of justifying on any such bail bond or |
recognizance, or
who shall suborn any other person to so swear, |
affirm or testify as
aforesaid, shall be deemed and adjudged |
guilty of perjury or subornation of
perjury (as the case may |
be) and punished accordingly.
|
(720 ILCS 5/33-1) (from Ch. 38, par. 33-1)
|
Sec. 33-1. Bribery. ) A person commits bribery when:
|
(a) With intent to influence the performance of any act |
related
to the employment or function of any public officer, |
public
employee, juror or witness, he or she promises or |
tenders to that person
any property or personal advantage which |
he or she is not authorized by
law to accept; or
|
(b) With intent to influence the performance of any act |
related
to the employment or function of any public officer, |
public
employee, juror or witness, he or she promises or |
tenders to one whom he
or she believes to be a public officer, |
public employee, juror or witness,
any property or personal |
advantage which a public officer, public
employee, juror or |
witness would not be authorized by law to accept; or
|
(c) With intent to cause any person to influence the |
performance
of any act related to the employment or function of |
any public
officer, public employee, juror or witness, he or |
she promises or tenders
to that person any property or personal |
advantage which he or she is not
authorized by law to accept; |
|
or
|
(d) He or she receives, retains or agrees to accept any |
property or
personal advantage which he or she is not |
authorized by law to accept
knowing that the such property or |
personal advantage was promised
or tendered with intent to |
cause him or her to influence the performance
of any act |
related to the employment or function of any public
officer, |
public employee, juror or witness; or
|
(e) He or she solicits, receives, retains, or agrees to |
accept any property
or personal advantage pursuant to an |
understanding that he or she shall improperly
influence or |
attempt to influence the performance of any act related to the
|
employment or function of any public officer, public employee, |
juror or witness.
|
(f) As used in this Section, "tenders" means any delivery |
or proffer made with the requisite intent. |
(g) Sentence. Bribery is a Class 2 felony.
|
(Source: P.A. 84-761.)
|
(720 ILCS 5/33-8 new) |
Sec. 33-8. Legislative misconduct. |
(a) A member of the General Assembly commits legislative |
misconduct when he or she knowingly accepts or receives, |
directly
or indirectly, any money or other valuable thing, from |
any corporation,
company or person, for any vote or influence |
he or she may give or withhold on any
bill, resolution or |
|
appropriation, or for any other official act. |
(b) Sentence. Legislative misconduct is a Class 3 felony.
|
(720 ILCS 5/33E-11) (from Ch. 38, par. 33E-11)
|
Sec. 33E-11.
(a) Every bid submitted to and public contract |
executed
pursuant to such bid by the State or a unit of local |
government shall
contain a certification by the prime |
contractor that the prime contractor
is not barred from |
contracting with any unit of State or local government
as a |
result of a violation of either Section 33E-3 or 33E-4 of this
|
Article. The State and units of local government shall provide |
the
appropriate forms for such certification.
|
(b) A contractor who knowingly makes a false statement, |
material to the
certification, commits a Class 3 felony.
|
(Source: P.A. 86-150.)
|
(720 ILCS 5/33E-14)
|
Sec. 33E-14. False statements on vendor applications. |
(a) A person commits false statements on vendor |
applications when he or she Whoever knowingly
makes any false |
statement or report, with the intent to influence for the |
purpose of influencing in any way
the action of any unit of |
local government or school district in considering a
vendor
|
application , is guilty of a Class 3 felony .
|
(b) Sentence. False statements on vendor applications is a |
Class 3 felony. |
|
(Source: P.A. 90-800, eff. 1-1-99.)
|
(720 ILCS 5/33E-15)
|
Sec. 33E-15. False entries. |
(a) An Any officer, agent, or employee of, or anyone
who is |
affiliated in any capacity with any unit of local government or |
school
district
commits false entries when he or she and makes |
a false entry in any book, report, or statement of any
unit of |
local government or school district with the intent to defraud |
the unit
of local government or school district ,
is guilty of a |
Class 3 felony .
|
(b) Sentence. False entries is a Class 3 felony. |
(Source: P.A. 90-800, eff. 1-1-99.)
|
(720 ILCS 5/33E-16)
|
Sec. 33E-16. Misapplication of funds. |
(a) An Whoever, being an officer,
director, agent, or |
employee of, or affiliated in any capacity with any unit of
|
local government or school
district commits misapplication of |
funds when he or she knowingly , willfully
misapplies any of the |
moneys, funds, or credits of the unit of local government
or |
school district
is guilty of a Class 3 felony .
|
(b) Sentence. Misapplication of funds is a Class 3 felony. |
(Source: P.A. 90-800, eff. 1-1-99.)
|
(720 ILCS 5/33E-18)
|
|
Sec. 33E-18. Unlawful stringing of bids.
|
(a) A person commits unlawful stringing of bids when he or |
she, with the intent to evade No person for the purpose of |
evading the bidding requirements of any
unit of local |
government or school district , shall knowingly strings string |
or assists assist in
stringing, or attempts attempt to string |
any contract or job order with the unit of
local government
or |
school district.
|
(b) Sentence. Unlawful stringing of bids A person who |
violates this Section is guilty of a Class 4
felony.
|
(Source: P.A. 90-800, eff. 1-1-99.)
|
(720 ILCS 5/Art. 48 heading new) |
ARTICLE 48. ANIMALS
|
(720 ILCS 5/48-1 new)
|
Sec. 48-1 26-5 . Dog fighting. (For other provisions that |
may apply to dog
fighting, see the Humane Care for Animals Act. |
For provisions similar to this
Section that apply to animals |
other than dogs, see in particular Section 4.01
of the Humane |
Care for Animals Act.)
|
(a) No person may own, capture, breed, train, or lease any
|
dog which he or she knows is intended for use in any
show, |
exhibition, program, or other activity featuring or otherwise
|
involving a fight between the dog and any other animal or |
human, or the
intentional killing of any dog for the purpose of |
|
sport, wagering, or
entertainment.
|
(b) No person may promote, conduct, carry on, advertise,
|
collect money for or in any other manner assist or aid in the
|
presentation for purposes of sport, wagering, or entertainment |
of
any show, exhibition, program, or other activity involving
a |
fight between 2 or more dogs or any dog and human,
or the |
intentional killing of any dog.
|
(c) No person may sell or offer for sale, ship, transport,
|
or otherwise move, or deliver or receive any dog which he or |
she
knows has been captured, bred, or trained, or will be used,
|
to fight another dog or human or be intentionally killed for
|
purposes of sport, wagering, or entertainment.
|
(c-5) No person may solicit a minor to violate this |
Section.
|
(d) No person may manufacture for sale, shipment, |
transportation,
or delivery any device or equipment which he or |
she knows or should know
is intended for use in any show, |
exhibition, program, or other activity
featuring or otherwise |
involving a fight between 2 or more dogs, or any
human and dog, |
or the intentional killing of any dog for purposes of
sport, |
wagering, or entertainment.
|
(e) No person may own, possess, sell or offer for sale, |
ship,
transport, or otherwise move any equipment or device |
which he or she
knows or should know is intended for use in |
connection with any show,
exhibition, program, or activity |
featuring or otherwise involving a fight
between 2 or more |
|
dogs, or any dog and human, or the intentional
killing of any |
dog for purposes of sport, wagering or entertainment.
|
(f) No person may knowingly make available any site, |
structure, or
facility, whether enclosed or not, that he or she |
knows is intended to be
used for the purpose of conducting any |
show, exhibition, program, or other
activity involving a fight |
between 2 or more dogs, or any dog and human, or the
|
intentional killing of any dog or knowingly manufacture, |
distribute, or
deliver fittings to be used in a fight between 2 |
or more dogs or a dog and
human.
|
(g) No person may knowingly attend or otherwise patronize |
any show, exhibition,
program, or other activity featuring or |
otherwise involving a fight between
2 or more dogs, or any dog |
and human, or the intentional killing of
any dog for purposes |
of sport, wagering, or entertainment.
|
(h) No person may tie or attach or fasten any live animal |
to any
machine or device propelled by any power for the purpose |
of causing the
animal to be pursued by a dog or dogs. This |
subsection (h) applies only
when the dog is intended to be used |
in a dog fight.
|
(i) Sentence. Penalties for violations of this Section |
shall be as follows:
|
(1) Any person convicted of violating subsection (a), |
(b), (c), or (h)
of this Section is guilty of a Class
4 |
felony for a first violation and a
Class
3 felony for a |
second or subsequent violation, and may be fined an
amount |
|
not to exceed $50,000.
|
(1.5) A person who knowingly owns a dog for fighting |
purposes or for
producing a fight between 2 or more dogs or |
a dog and human or who knowingly
offers for sale or sells a |
dog bred for fighting is guilty of a Class
3 felony
and may |
be fined an amount not to exceed $50,000, if the dog |
participates
in a dogfight and any of the following factors |
is present:
|
(i) the dogfight is performed in the presence of a |
person under 18
years of age;
|
(ii) the dogfight is performed for the purpose of |
or in the presence
of illegal wagering activity; or
|
(iii) the dogfight is performed in furtherance of |
streetgang related
activity as defined in Section 10 of |
the Illinois Streetgang Terrorism Omnibus
Prevention |
Act.
|
(1.7) A person convicted of violating subsection (c-5) |
of this Section
is guilty of a Class 4 felony.
|
(2) Any person convicted of violating subsection (d) or |
(e) of this
Section is guilty of a
Class 4 felony for a |
first violation.
A second or subsequent violation of |
subsection (d) or (e) of this Section
is a Class
3 felony.
|
(2.5) Any person convicted of violating subsection (f) |
of this Section
is guilty of a Class
4 felony. Any person |
convicted of violating subsection (f) of this Section in |
which the site, structure, or facility made available to |
|
violate subsection (f) is located within 1,000 feet of a |
school, public park, playground, child care institution, |
day care center, part day child care facility, day care |
home, group day care home, or a facility providing programs |
or services
exclusively directed toward persons under 18 |
years of age is guilty of a Class 3 felony for a first |
violation and a Class 2 felony for a second or subsequent |
violation.
|
(3) Any person convicted of violating subsection (g) of |
this Section
is guilty of a Class 4 felony for a first |
violation. A second or
subsequent violation of subsection |
(g) of this Section is a Class 3 felony. If a person under |
13 years of age is present at any show, exhibition,
|
program, or other activity prohibited in subsection (g), |
the parent, legal guardian, or other person who is 18 years |
of age or older who brings that person under 13 years of |
age to that show, exhibition, program, or other activity is |
guilty of a Class 3 felony for a first violation and a |
Class 2 felony for a second or subsequent violation.
|
(i-5) A person who commits a felony violation of this |
Section is subject to the property forfeiture provisions set |
forth in Article 124B of the Code of Criminal Procedure of |
1963. |
(j) Any dog or equipment involved in a violation of this |
Section shall
be immediately seized and impounded under Section |
12 of the Humane Care for
Animals Act when located at any show, |
|
exhibition, program, or other activity
featuring or otherwise |
involving a dog fight for the purposes of sport,
wagering, or |
entertainment.
|
(k) Any vehicle or conveyance other than a common carrier |
that is used
in violation of this Section shall be seized, |
held, and offered for sale at
public auction by the sheriff's |
department of the proper jurisdiction, and
the proceeds from |
the sale shall be remitted to the general fund of the
county |
where the violation took place.
|
(l) Any veterinarian in this State who is presented with a |
dog for treatment
of injuries or wounds resulting from fighting |
where there is a reasonable
possibility that the dog was |
engaged in or utilized for a fighting event for
the purposes of |
sport, wagering, or entertainment shall file a report with the
|
Department of Agriculture and cooperate by furnishing the |
owners' names, dates,
and descriptions of the dog or dogs |
involved. Any veterinarian who in good
faith complies with the |
requirements of this subsection has immunity from any
|
liability, civil, criminal, or otherwise, that may result from |
his or her
actions. For the purposes of any proceedings, civil |
or criminal, the good
faith of the veterinarian shall be |
rebuttably presumed.
|
(m) In addition to any other penalty provided by law, upon |
conviction for
violating this Section, the court may order that |
the convicted person and
persons dwelling in the same household |
as the convicted person who conspired,
aided, or abetted in the |
|
unlawful act that was the basis of the conviction,
or who knew |
or should have known of the unlawful act, may not own, harbor, |
or
have custody or control of any dog or other animal for a |
period of time that
the court deems reasonable.
|
(n) A violation of subsection (a) of this Section may be |
inferred from evidence that the accused possessed any device or |
equipment described in subsection (d), (e), or (h) of this |
Section, and also possessed any dog.
|
(o) When no longer required for investigations or court |
proceedings relating to the events described or depicted |
therein, evidence relating to convictions for violations of |
this Section shall be retained and made available for use in |
training peace officers in detecting and identifying |
violations of this Section. Such evidence shall be made |
available upon request to other law enforcement agencies and to |
schools certified under the Illinois Police Training Act.
|
(p) For the purposes of this Section, "school" has the |
meaning ascribed to it in Section 11-9.3 of this Code; and |
"public park", "playground", "child care institution", "day |
care center", "part day child care facility", "day care home", |
"group day care home", and "facility providing programs or |
services
exclusively directed toward persons under 18 years of |
age" have the meanings ascribed to them in Section 11-9.4 of |
this Code. |
(Source: P.A. 96-226, eff. 8-11-09; 96-712, eff. 1-1-10; |
96-1000, eff. 7-2-10; 96-1091, eff. 1-1-11.)
|
|
(720 ILCS 5/48-2 new) |
Sec. 48-2. Animal research and production facilities |
protection. |
(a) Definitions. |
"Animal" means every living creature,
domestic or |
wild, but does not include man. |
"Animal facility" means any facility engaging in legal |
scientific
research or agricultural production of or
|
involving the use of animals including any organization |
with a primary
purpose of representing livestock |
production or processing, any
organization with a primary |
purpose of promoting or marketing livestock or
livestock |
products, any person licensed to practice veterinary |
medicine,
any institution as defined in the Impounding and |
Disposition of Stray
Animals Act, and any organization with |
a primary purpose of representing
any such person, |
organization, or institution.
"Animal facility" shall |
include the owner, operator, and employees of any
animal |
facility and any premises where animals are located. |
"Director" means the Director of the Illinois |
Department of Agriculture
or the Director's authorized |
representative. |
(b) Legislative Declaration. There has been an increasing |
number of illegal acts committed
against animal research and |
production facilities involving
injury or loss of life to |
|
humans or animals, criminal
trespass and damage to property. |
These actions not only abridge the
property rights of the owner |
of the facility, they may also damage the
public interest by |
jeopardizing crucial scientific, biomedical, or
agricultural |
research or production. These actions can also
threaten the |
public safety by possibly exposing communities to serious
|
public health concerns and creating traffic hazards. These |
actions may
substantially disrupt or damage publicly funded |
research and
can result in the potential loss of physical and |
intellectual property.
Therefore, it is in the interest of the |
people of the State of Illinois to
protect the welfare of |
humans and animals as well as productive use of
public funds to |
require regulation to prevent unauthorized possession,
|
alteration, destruction, or transportation of research |
records, test data,
research materials, equipment, research |
and agricultural production animals. |
(c) It shall be unlawful for any person: |
(1) to release, steal, or otherwise intentionally |
cause the death,
injury, or loss of any animal at or from |
an animal facility and not
authorized by that facility; |
(2) to damage, vandalize, or steal any property in or |
on an animal facility; |
(3) to obtain access to an animal facility by false |
pretenses for the
purpose of performing acts not authorized |
by that facility; |
(4) to enter into an animal facility with an intent to |
|
destroy,
alter, duplicate, or obtain unauthorized |
possession of records, data,
materials, equipment, or |
animals; |
(5) by theft or deception knowingly to obtain control
|
or to exert control over records, data, material, |
equipment, or animals of
any animal facility for the |
purpose of depriving the rightful owner or
animal facility |
of the records, material, data, equipment, or animals or
|
for the purpose of concealing, abandoning, or destroying |
these records,
material, data, equipment, or animals; or |
(6) to enter or remain on an animal facility with the |
intent to commit an
act prohibited under this Section. |
(d) Sentence. |
(1) Any person who violates any provision of subsection |
(c) shall be
guilty of a Class 4 felony for each violation, |
unless the loss, theft,
or damage to the animal facility |
property exceeds $300 in value. |
(2) If the loss, theft, or damage to the animal |
facility property
exceeds $300 in value but does not exceed |
$10,000 in value, the person is
guilty of a Class 3 felony. |
(3) If the loss, theft, or damage to the animal |
facility property
exceeds $10,000 in value but does not |
exceed $100,000 in value, the person
is guilty of a Class 2 |
felony. |
(4) If the loss, theft, or damage to the animal |
facility property
exceeds $100,000 in value, the person is |
|
guilty of a Class 1 felony. |
(5) Any person who, with the intent that any violation |
of any provision
of subsection (c) be committed, agrees |
with another to the commission of the
violation and commits |
an act in furtherance of this agreement is guilty of
the |
same class of felony as provided in paragraphs (1) through |
(4) of this subsection for that violation. |
(6) Restitution. |
(A) The court shall conduct a hearing to determine |
the reasonable cost of
replacing materials, data, |
equipment, animals and records that may
have been |
damaged, destroyed, lost or cannot be returned, and the
|
reasonable cost of repeating any experimentation that |
may have been
interrupted or invalidated as a result of |
a violation of subsection (c). |
(B) Any persons convicted of a violation shall be |
ordered jointly and
severally to make restitution to |
the owner, operator, or both, of the
animal facility in |
the full amount of the reasonable cost determined under
|
paragraph (A). |
(e) Private right of action. Nothing in this Section shall |
preclude
any animal facility injured in its business or |
property by a violation of
this Section from seeking |
appropriate relief under any other provision of law
or remedy |
including the issuance of a permanent injunction against any
|
person who violates any provision of this Section. The animal |
|
facility owner
or operator may petition the court to |
permanently enjoin the person from
violating this Section and |
the court shall provide this relief. |
(f) The Director shall have authority to investigate any |
alleged
violation of this Section, along with any other law |
enforcement agency, and may
take any action within the |
Director's authority necessary for the
enforcement of this |
Section. State's Attorneys, State police and other law
|
enforcement officials shall provide any assistance required in |
the conduct
of an investigation and prosecution. Before the |
Director reports a
violation for prosecution he or she may give |
the owner or operator of the
animal facility and the alleged |
violator an opportunity to present his or
her views at an |
administrative hearing. The Director may adopt any rules and |
regulations necessary
for the enforcement of this Section.
|
(720 ILCS 5/48-3 new) |
Sec. 48-3. Hunter or fisherman interference. |
(a) Definitions. As used in this Section: |
"Aquatic life" means all fish, reptiles, amphibians, |
crayfish, and mussels the taking of which is
authorized
by |
the Fish and Aquatic Life Code. |
"Interfere with" means to take any action that |
physically impedes, hinders,
or obstructs the lawful |
taking of wildlife or aquatic life. |
"Taking" means the capture or killing of wildlife or |
|
aquatic life and
includes
travel, camping, and other acts |
preparatory to taking which occur on lands
or waters upon |
which the affected person has the right or privilege to |
take
such wildlife or aquatic life. |
"Wildlife" means any wildlife the taking of which is
|
authorized
by the Wildlife Code and includes those species |
that are lawfully
released by properly licensed permittees |
of the Department of Natural
Resources. |
(b) A person commits hunter or fisherman interference when |
he or she intentionally or knowingly: |
(1) obstructs or interferes with the lawful taking of
|
wildlife or aquatic life by another person with the |
specific
intent to prevent that lawful taking; |
(2) drives or disturbs wildlife or aquatic life for the |
purpose of disrupting a lawful
taking of wildlife or |
aquatic life; |
(3) blocks, impedes, or physically harasses another |
person who is engaged
in the process of lawfully taking |
wildlife or aquatic life; |
(4) uses natural or artificial visual, aural, |
olfactory, gustatory, or
physical stimuli to affect |
wildlife or aquatic life behavior in order to hinder or |
prevent the
lawful taking of wildlife or aquatic life; |
(5) erects barriers with the intent to deny ingress or |
egress to or from
areas where the lawful taking of wildlife |
or aquatic life may occur; |
|
(6) intentionally interjects himself or herself into |
the line of fire or fishing lines of a
person lawfully |
taking wildlife or aquatic life; |
(7) affects the physical condition or placement of |
personal or public
property intended for use in the lawful |
taking of wildlife or aquatic life in order to
impair the |
usefulness of the property or prevent the use of the |
property; |
(8) enters or remains upon or over private lands |
without the permission of
the
owner or the owner's agent, |
with the intent to violate this subsection; or |
(9) fails to obey the order of a peace officer to |
desist from conduct
in violation of this subsection (b) if |
the officer observes the conduct,
or has reasonable grounds |
to believe that the person has engaged in the conduct that |
day or that the person plans or intends to engage in the |
conduct
that day on a specific premises. |
(c) Exemptions; defenses. |
(1) This Section does not apply to actions performed by |
authorized employees of
the Department of Natural |
Resources, duly accredited officers of the U.S. Fish
and |
Wildlife Service, sheriffs, deputy sheriffs, or other |
peace officers if the
actions are authorized by law and are |
necessary for the performance of their
official duties. |
(2) This Section does not apply to landowners, tenants, |
or lease holders
exercising their legal rights to the |
|
enjoyment of land, including, but not
limited to, farming |
and restricting trespass. |
(3) It is an affirmative defense to a prosecution for a |
violation of this
Section that the defendant's conduct is |
protected by his or her right to
freedom of speech under |
the constitution of this State or the United States. |
(4) Any interested parties may engage in protests or |
other free speech activities
adjacent to or on the |
perimeter of the location where the lawful taking of |
wildlife or aquatic life is taking place, provided that |
none of the provisions of this Section
are being violated. |
(d) Sentence. A first violation of paragraphs (1) through |
(8) of subsection (b) is a Class B misdemeanor. A second or |
subsequent violation of
paragraphs (1) through (8) of |
subsection (b) is a Class A misdemeanor for which imprisonment |
for not less than 7 days shall be imposed. A
person guilty of a |
second or subsequent violation of paragraphs (1) through (8) of |
subsection (b) is not
eligible for court
supervision. A |
violation of paragraph (9) of subsection (b) is a Class A |
misdemeanor. A court shall revoke, for a period of one year to |
5 years, any Illinois
hunting, fishing, or trapping privilege, |
license or permit of any person
convicted of violating any |
provision of this Section. For
purposes of this subsection, a |
"second or subsequent violation" means a conviction
under |
paragraphs (1) through (8) of subsection (b) of this Section |
within 2 years of a prior violation arising from a separate set
|
|
of circumstances. |
(e) Injunctions; damages. |
(1) Any court may enjoin conduct which would be in |
violation
of paragraphs (1) through (8) of subsection (b) |
upon petition by a person affected or who reasonably
may be |
affected by the conduct, upon a showing that the conduct is |
threatened
or that it has occurred on a particular premises |
in the past and that it
is not unreasonable to expect that |
under similar circumstances it will be
repeated. |
(2) A court shall award all resulting costs and damages |
to any person
adversely affected by a violation of |
paragraphs (1) through (8) of subsection (b), which may |
include an award for
punitive damages. In addition to other |
items of special damage, the measure of
damages may include |
expenditures of the affected person for license and permit
|
fees, travel, guides, special equipment and supplies, to |
the extent that these
expenditures were rendered futile by |
prevention of the taking of wildlife or aquatic life.
|
(720 ILCS 5/48-4 new) |
Sec. 48-4. Obtaining certificate of registration by false |
pretenses. |
(a) A person commits obtaining certificate of registration |
by false pretenses when he or she, by any false pretense, |
obtains from any club,
association, society or company for |
improving the breed of cattle, horses,
sheep, swine, or other |
|
domestic animals, a certificate of registration of
any animal |
in the herd register, or other register of any club,
|
association, society or company, or a transfer of the |
registration. |
(b) A person commits obtaining certificate of registration |
by false pretenses when he or she knowingly gives a false |
pedigree of any animal. |
(c) Sentence. Obtaining certificate of registration by |
false pretenses is a Class A misdemeanor.
|
(720 ILCS 5/48-5 new) |
Sec. 48-5. Horse mutilation. |
(a) A person commits horse mutilation when he or she cuts |
the solid part of the tail of any horse in the operation
known |
as docking, or by any other operation performed for the purpose |
of
shortening the tail, and whoever shall cause the same to be |
done, or assist
in doing this cutting, unless the same is |
proved to be a benefit to the
horse. |
(b) Sentence. Horse mutilation is a Class A misdemeanor.
|
(720 ILCS 5/48-6 new) |
Sec. 48-6. Horse racing false entry. |
(a) That in order to encourage the breeding of and
|
improvement in trotting, running and pacing horses in the |
State, it is hereby made unlawful for any person or persons |
knowingly to
enter or cause to be entered for competition, or |
|
knowingly to compete with
any horse, mare, gelding, colt or |
filly under any other than its true name
or out of its proper |
class for any purse, prize, premium, stake or
sweepstakes |
offered or given by any agricultural or other society,
|
association, person or persons in the State where the prize,
|
purse, premium, stake or sweepstakes is to be decided by a |
contest of
speed. |
(b) The name of any horse, mare, gelding, colt or filly, |
for the
purpose of entry for competition or performance in any |
contest of speed,
shall be the name under which the horse has |
publicly performed, and shall
not be changed after having once |
so performed or contested for a prize,
purse, premium, stake or |
sweepstakes, except as provided by the code of
printed rules of |
the society or association under which the contest is
|
advertised to be conducted. |
(c) The official records shall be
received in all courts as |
evidence upon the trial of any person under
the provisions of |
this Section. |
(d) Sentence. A violation of subsection (a) is a Class 4 |
felony.
|
(720 ILCS 5/48-7 new) |
Sec. 48-7. Feeding garbage to animals. |
(a) Definitions. As used in this Section: |
"Department" means the Department of Agriculture of |
the State of
Illinois. |
|
"Garbage" means putrescible vegetable waste, animal, |
poultry, or fish
carcasses or parts thereof resulting from |
the handling, preparation,
cooking, or consumption of |
food, but does not include the contents of the
bovine |
digestive tract. "Garbage" also means the bodies or parts |
of bodies
of animals, poultry or fish. |
"Person" means any person, firm, partnership, |
association, corporation,
or other legal entity, any |
public or private institution, the State, or any municipal |
corporation or political subdivision of the
State. |
(b) A person commits feeding garbage to animals when he or |
she feeds or permits the feeding of garbage to swine or any
|
animals or poultry on any farm or any other premises where |
swine are kept. |
(c) Establishments licensed under the Illinois Dead Animal |
Disposal
Act or under similar laws in other states are exempt |
from the provisions of this Section. |
(d) Nothing in this Section shall be construed to apply to |
any person who
feeds garbage produced in his or her own |
household to animals or poultry kept on
the premises where he |
or she resides except this garbage if fed to swine shall not
|
contain particles of meat. |
(e) Sentence. Feeding garbage to animals is a Class B |
misdemeanor, and for the first
offense shall be fined not less |
than $100 nor more than $500 and for a
second or subsequent |
offense shall be fined not less than $200 nor more
than $500 or |
|
imprisoned in a penal institution other than the penitentiary
|
for not more than 6 months, or both. |
(f) A person violating this Section may be enjoined by the |
Department from
continuing the violation. |
(g) The Department may make reasonable inspections |
necessary for the
enforcement of this Section, and is |
authorized to enforce, and administer the
provisions of this |
Section.
|
(720 ILCS 5/48-8 new) |
Sec. 48-8. Guide dog access. |
(a) When a blind, hearing impaired or physically |
handicapped
person or a person who is subject to epilepsy or |
other seizure disorders is
accompanied by a dog which serves as |
a guide, leader, seizure-alert, or
seizure-response dog for the |
person or when a trainer of a guide, leader,
seizure-alert, or |
seizure-response dog is accompanied by a guide, leader,
|
seizure-alert, or seizure-response dog or a dog that is being |
trained to be a
guide, leader, seizure-alert, or |
seizure-response dog, neither the person nor
the dog shall be |
denied the right of entry and use of facilities of any public
|
place of accommodation as defined in Section 5-101 of the |
Illinois Human
Rights Act, if the dog is wearing a harness and |
the person presents
credentials for inspection issued by a |
school for training guide, leader,
seizure-alert, or |
seizure-response dogs. |
|
(b) A person who knowingly violates this Section commits a |
Class C misdemeanor.
|
(720 ILCS 5/48-9 new) |
Sec. 48-9. Misrepresentation of stallion and jack |
pedigree. |
(a) The owner or keeper of any
stallion or jack kept for |
public service commits misrepresentation of stallion and jack |
pedigree when he or she misrepresents the
pedigree or breeding |
of the stallion or jack, or represents
that the animal, so kept |
for public service, is registered, when in fact
it is not |
registered in a published volume of a society for the registry |
of
standard and purebred animals, or who shall post or publish, |
or cause to be
posted or published, any false pedigree or |
breeding of this animal. |
(b) Sentence. Misrepresentation of stallion and jack |
pedigree is a petty offense, and for a second or subsequent |
offense
is a Class B misdemeanor.
|
|
(720 ILCS 5/48-10 new) |
Sec. 48-10. Dangerous animals. |
(a) Definitions. As used in this Section, unless the |
context otherwise requires: |
"Dangerous animal" means a lion, tiger, leopard, |
ocelot, jaguar, cheetah,
margay, mountain lion, lynx, |
|
bobcat, jaguarundi, bear, hyena, wolf or
coyote, or any |
poisonous or life-threatening reptile. |
"Owner" means any person who (1) has a right of |
property in a dangerous
animal or primate, (2) keeps or |
harbors a dangerous animal or primate, (3) has a dangerous |
animal
or primate in his or her care, or (4) acts as |
custodian of a dangerous animal or primate. |
"Person" means any individual, firm, association, |
partnership,
corporation, or other legal entity, any |
public or private institution, the
State, or any municipal |
corporation or political subdivision of the State. |
"Primate" means a nonhuman member of the order primate, |
including but not limited to chimpanzee, gorilla, |
orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye, |
and tarsier. |
(b) Dangerous animal or primate offense. No person shall |
have a right of property in, keep, harbor,
care for, act as |
custodian
of or maintain in
his or her possession any dangerous |
animal or primate except at a properly maintained zoological
|
park, federally licensed
exhibit, circus, college or |
university, scientific institution, research laboratory, |
veterinary hospital, hound running area, or animal
refuge in an |
escape-proof enclosure. |
(c) Exemptions. |
(1) This Section does not prohibit a person who had |
lawful possession of a primate before January 1, 2011, from |
|
continuing to possess that primate if the person registers |
the animal by providing written notification to the local |
animal control administrator on or before April 1, 2011. |
The notification shall include: |
(A) the person's name, address, and telephone |
number; and |
(B) the type of primate, the age, a photograph, a |
description of any tattoo, microchip, or other |
identifying information, and a list of current |
inoculations. |
(2) This Section does not prohibit a person who is |
permanently disabled with a severe mobility impairment |
from possessing a single capuchin monkey to assist the |
person in performing daily tasks if: |
(A) the capuchin monkey was obtained from and |
trained at a licensed nonprofit organization described |
in Section 501(c)(3) of the Internal Revenue Code of |
1986, the nonprofit tax status of which was obtained on |
the basis of a mission to improve the quality of life |
of severely mobility-impaired individuals; and |
(B) the person complies with the notification |
requirements as described in paragraph (1) of this |
subsection (c). |
(d) A person who registers a primate shall notify the local |
animal control administrator within 30 days of a change of |
address. If the person moves to another locality within the |
|
State, the person shall register the primate with the new local |
animal control administrator within 30 days of moving by |
providing written notification as provided in paragraph (1) of |
subsection (c) and shall include proof of the prior |
registration. |
(e) A person who registers a primate shall notify the local |
animal control administrator immediately if the primate dies, |
escapes, or bites, scratches, or injures a person. |
(f) It is no defense to a violation of subsection (b)
that |
the person violating subsection
(b) has attempted to |
domesticate the dangerous animal. If there appears
to be |
imminent danger to the public, any
dangerous animal found not |
in compliance with the provisions of this Section
shall be |
subject to
seizure and may immediately be placed in an approved |
facility. Upon the
conviction of a person for a violation of |
subsection (b), the animal with regard
to which the conviction |
was obtained shall be confiscated and placed in an
approved |
facility, with the owner responsible for all costs
connected |
with the seizure and confiscation of the animal.
Approved |
facilities include, but are not limited to, a zoological park,
|
federally licensed exhibit,
humane society, veterinary |
hospital or animal refuge. |
(g) Sentence. Any person violating this Section is guilty |
of a Class C
misdemeanor. Any corporation or
partnership, any |
officer, director, manager or managerial agent of the
|
partnership or corporation who violates this Section or causes |
|
the
partnership or corporation to violate this Section is |
guilty of a Class C misdemeanor. Each day of violation |
constitutes a separate offense.
|
(720 ILCS 5/Art. 49 heading new) |
ARTICLE 49. MISCELLANEOUS OFFENSES
|
(720 ILCS 5/49-1 new) |
Sec. 49-1. Flag desecration. |
(a) Definition. As used in this Section: |
"Flag", "standard", "color" or "ensign" shall include |
any flag, standard, color, ensign or any picture or
|
representation of either thereof, made of any substance or |
represented
on any substance and of any size evidently |
purporting to be either of
said flag, standard, color or |
ensign of the United States of America, or
a picture or a |
representation of either thereof, upon which shall be
shown |
the colors, the stars, and the stripes, in any number of |
either
thereof, of the flag, colors, standard, or ensign of |
the United States
of America. |
(b) A person commits flag desecration when he or she |
knowingly: |
(1) for exhibition or display, places or
causes to be |
placed any word, figure, mark, picture, design, drawing, or
|
any advertisement of any nature, upon any flag, standard, |
color or
ensign of the United States or State flag of this |
|
State or ensign; |
(2)
exposes or causes to be exposed to public view any |
such flag, standard,
color or ensign, upon which has been |
printed, painted or otherwise
placed, or to which has been |
attached, appended, affixed, or annexed,
any word, figure, |
mark, picture, design or drawing or any advertisement
of |
any nature; |
(3) exposes to public view, manufactures, sells,
|
exposes for sale, gives away, or has in possession for sale |
or to give
away or for use for any purpose, any article or |
substance, being an
article of merchandise, or a receptacle |
of merchandise or article or
thing for carrying or |
transporting merchandise upon which has been
printed, |
painted, attached, or otherwise placed a representation of |
any
such flag, standard, color, or ensign, to advertise, |
call attention to,
decorate, mark or distinguish the |
article or substance on which so
placed; or |
(4) publicly mutilates, defaces, defiles,
tramples, or
|
intentionally displays
on the ground or floor any such |
flag,
standard, color or ensign. |
(c) All prosecutions under this Section shall be brought by |
any
person in the name of the People of the State of Illinois, |
against any
person or persons violating any of the provisions |
of this Section, before
any circuit court. The State's |
Attorneys shall see that this Section is
enforced in their |
respective counties, and shall prosecute all offenders
on |
|
receiving information of the violation of this Section. |
Sheriffs, deputy
sheriffs, and police officers shall inform |
against and prosecute all
persons whom there is probable cause |
to believe are guilty of violating
this Section. One-half of |
the amount recovered in any penal action under
this Section |
shall be paid to the person making and filing the complaint in
|
the action, and the remaining 1/2 to the school fund of the |
county in
which the conviction is obtained. |
(d) All prosecutions under this Section shall be commenced |
within six
months from the time the offense was committed, and |
not afterwards. |
(e) Sentence. A violation of paragraphs (1) through (3) of |
subsection (b) is a Class C misdemeanor. A violation of |
paragraph (4) of subsection (b) is a Class 4 felony.
|
(720 ILCS 5/49-1.5 new) |
Sec. 49-1.5. Draft card mutilation. |
(a) A person commits draft card mutilation when he or she |
knowingly destroys or mutilates a valid registration
|
certificate or any other valid certificate issued under the |
federal
"Military Selective Service Act of 1967". |
(b) Sentence. Draft card mutilation is a Class 4 felony.
|
(720 ILCS 5/49-2 new) |
Sec. 49-2. Business use of military terms. |
(a) It is unlawful for any person, concern, firm or |
|
corporation to use
in the name, or description of the name, of |
any privately operated
mercantile establishment which may or |
may not be engaged principally in the
buying and selling of |
equipment or materials of the Government of the
United States |
or any of its departments, agencies or military services, the
|
terms "Army", "Navy", "Marine", "Coast Guard", "Government", |
"GI", "PX" or
any terms denoting a branch of the government, |
either independently or in
connection or conjunction with any |
other word or words, letter or insignia
which import or imply |
that the products so described are or were made for
the United |
States government or in accordance with government
|
specifications or requirements, or of government materials, or |
that these
products have been disposed of by the United States |
government as surplus
or rejected stock. |
(b) Sentence. A violation of this Section is a petty |
offense with a fine of not less than
$25.00 nor more than $500 |
for the first conviction, and not less than $500
or more than |
$1000 for each subsequent conviction.
|
(720 ILCS 5/49-3 new) |
Sec. 49-3. Governmental uneconomic practices. |
(a) It is unlawful for the State of Illinois, any political |
subdivision
thereof, or any municipality therein, or any |
officer, agent or employee of
the State of Illinois, any |
political subdivision thereof or any
municipality therein, to |
sell to or procure for sale or have in its or his
or her |
|
possession or under its or his or her control for sale to any |
officer, agent or
employee of the State or any political |
subdivision thereof or municipality
therein any article, |
material, product or merchandise of whatsoever nature,
|
excepting meals, public services and such specialized |
appliances and
paraphernalia as may be required for the safety |
or health of such officers,
agents or employees. |
(b) The provisions of this Section shall not apply to the |
State, any
political subdivision thereof or municipality |
therein, nor to any officer,
agent or employee of the State, or |
of any such subdivision or municipality
while engaged in any |
recreational, health, welfare, relief, safety or
educational |
activities furnished by the State, or any such political
|
subdivision or municipality. |
(c) Sentence. A violation of this Section is a
Class B |
misdemeanor.
|
(720 ILCS 5/49-4 new) |
Sec. 49-4. Sale of maps. |
(a) The sale of current Illinois publications or highway |
maps published
by the Secretary of State is prohibited except |
where provided by law. |
(b) Sentence. A violation of this Section is a Class B |
misdemeanor.
|
(720 ILCS 5/49-5 new) |
|
Sec. 49-5. Video movie sales and rentals rating violation. |
(a) Definitions. As used in this Section, unless the |
context otherwise requires: |
"Person" means an individual, corporation, |
partnership, or any other
legal or commercial entity. |
"Official rating" means an official rating of the |
Motion Picture
Association of America. |
"Video movie" means a videotape or video disc copy of a |
motion picture film. |
(b) A person may not sell at retail or rent, or attempt to
|
sell at retail or rent, a video movie in this State unless the |
official
rating of the motion picture from which it is copied |
is clearly displayed
on the outside of any cassette, case, |
jacket, or other covering of the
video movie. |
(c) This Section does not apply to any video movie of
a |
motion picture which: |
(1) has not been given an official rating; or |
(2) has been altered in any way subsequent to receiving |
an official rating. |
(d) Sentence. A violation of this Section is a Class C |
misdemeanor.
|
(720 ILCS 5/49-6 new) |
Sec. 49-6. Container label obliteration prohibited. |
(a) No person shall sell or offer for sale any product, |
article or
substance in a container on which any statement of |
|
weight, quantity,
quality, grade, ingredients or |
identification of the manufacturer, supplier
or processor is |
obliterated by any other labeling unless the other
labeling |
correctly restates the obliterated statement. |
(b) This Section does not apply to any obliteration which |
is done in order
to comply with subsection (c) of this Section. |
(c) No person shall utilize any used container for the |
purpose of sale
of any product, article or substance unless the |
original marks of
identification, weight, grade, quality and |
quantity have first been
obliterated. |
(d) This Section shall not be construed as permitting the |
use of any
containers or labels in a manner prohibited by any |
other law. |
(e) Sentence. A violation of this Section is a business |
offense for which a
fine shall be imposed not to exceed $1,000.
|
(720 ILCS 5/18-5 rep.) |
(720 ILCS 5/20-1.2 rep.) |
(720 ILCS 5/20-1.3 rep.) |
(720 ILCS 5/21-1.1 rep.) |
(720 ILCS 5/Art. 21.3 rep.) |
(720 ILCS 5/Art. 24.6 rep.) |
Section 10-10. The Criminal Code of 1961 is amended by |
repealing Articles 21.3 and 24.6, and Sections 18-5, 20-1.2, |
20-1.3, and 21-1.1.
|
|
ARTICLE 15.
|
Section 15-1. The Department of Natural Resources |
(Conservation) Law is amended by changing Section 805-540 as |
follows:
|
(20 ILCS 805/805-540) (was 20 ILCS 805/63b2.6)
|
Sec. 805-540. Enforcement of adjoining state's laws. The
|
Director may
grant authority to the officers of any adjoining |
state who are authorized and
directed to enforce the laws of |
that state relating to the protection of flora
and fauna to |
take any of the following actions and have the following powers
|
within the State of Illinois:
|
(1) To follow, seize, and return to the adjoining state |
any flora or
fauna or part thereof shipped or taken from |
the adjoining state in
violation of the laws of that state |
and brought into this State.
|
(2) To dispose of any such flora or fauna or part |
thereof under the
supervision of an Illinois Conservation |
Police Officer.
|
(3) To enforce as an agent of this State, with the same |
powers as an
Illinois Conservation Police Officer, each of |
the following laws of this
State:
|
(i) The Illinois Endangered Species Protection |
Act.
|
(ii) The Fish and Aquatic Life Code.
|
|
(iii) The Wildlife Code.
|
(iv) The Wildlife Habitat Management Areas Act.
|
(v) Section 48-3 of the Criminal Code of 1961 |
(hunter or fisherman interference) The Hunter and |
Fishermen Interference Prohibition Act .
|
(vi) The Illinois Non-Game Wildlife Protection |
Act.
|
(vii) The Ginseng Harvesting Act.
|
(viii) The State Forest Act.
|
(ix) The Forest Products Transportation Act.
|
(x) The Timber Buyers Licensing Act.
|
Any officer of an adjoining state acting under a power or |
authority granted
by the Director pursuant to this
Section |
shall act without compensation or other benefits from this |
State and
without this State having any liability for the acts |
or omissions of that
officer.
|
(Source: P.A. 96-397, eff. 1-1-10.)
|
Section 15-3. The Criminal Identification Act is amended by |
changing Section 5.2 as follows:
|
(20 ILCS 2630/5.2) |
Sec. 5.2. Expungement and sealing. |
(a) General Provisions. |
(1) Definitions. In this Act, words and phrases have
|
the meanings set forth in this subsection, except when a
|
|
particular context clearly requires a different meaning. |
(A) The following terms shall have the meanings |
ascribed to them in the Unified Code of Corrections, |
730 ILCS 5/5-1-2 through 5/5-1-22: |
(i) Business Offense (730 ILCS 5/5-1-2), |
(ii) Charge (730 ILCS 5/5-1-3), |
(iii) Court (730 ILCS 5/5-1-6), |
(iv) Defendant (730 ILCS 5/5-1-7), |
(v) Felony (730 ILCS 5/5-1-9), |
(vi) Imprisonment (730 ILCS 5/5-1-10), |
(vii) Judgment (730 ILCS 5/5-1-12), |
(viii) Misdemeanor (730 ILCS 5/5-1-14), |
(ix) Offense (730 ILCS 5/5-1-15), |
(x) Parole (730 ILCS 5/5-1-16), |
(xi) Petty Offense (730 ILCS 5/5-1-17), |
(xii) Probation (730 ILCS 5/5-1-18), |
(xiii) Sentence (730 ILCS 5/5-1-19), |
(xiv) Supervision (730 ILCS 5/5-1-21), and |
(xv) Victim (730 ILCS 5/5-1-22). |
(B) As used in this Section, "charge not initiated |
by arrest" means a charge (as defined by 730 ILCS |
5/5-1-3) brought against a defendant where the |
defendant is not arrested prior to or as a direct |
result of the charge. |
(C) "Conviction" means a judgment of conviction or |
sentence entered upon a plea of guilty or upon a |
|
verdict or finding of guilty of an offense, rendered by |
a legally constituted jury or by a court of competent |
jurisdiction authorized to try the case without a jury. |
An order of supervision successfully completed by the |
petitioner is not a conviction. An order of qualified |
probation (as defined in subsection (a)(1)(J)) |
successfully completed by the petitioner is not a |
conviction. An order of supervision or an order of |
qualified probation that is terminated |
unsatisfactorily is a conviction, unless the |
unsatisfactory termination is reversed, vacated, or |
modified and the judgment of conviction, if any, is |
reversed or vacated. |
(D) "Criminal offense" means a petty offense, |
business offense, misdemeanor, felony, or municipal |
ordinance violation (as defined in subsection |
(a)(1)(H)). As used in this Section, a minor traffic |
offense (as defined in subsection (a)(1)(G)) shall not |
be considered a criminal offense. |
(E) "Expunge" means to physically destroy the |
records or return them to the petitioner and to |
obliterate the petitioner's name from any official |
index or public record, or both. Nothing in this Act |
shall require the physical destruction of the circuit |
court file, but such records relating to arrests or |
charges, or both, ordered expunged shall be impounded |
|
as required by subsections (d)(9)(A)(ii) and |
(d)(9)(B)(ii). |
(F) As used in this Section, "last sentence" means |
the sentence, order of supervision, or order of |
qualified probation (as defined by subsection |
(a)(1)(J)), for a criminal offense (as defined by |
subsection (a)(1)(D)) that terminates last in time in |
any jurisdiction, regardless of whether the petitioner |
has included the criminal offense for which the |
sentence or order of supervision or qualified |
probation was imposed in his or her petition. If |
multiple sentences, orders of supervision, or orders |
of qualified probation terminate on the same day and |
are last in time, they shall be collectively considered |
the "last sentence" regardless of whether they were |
ordered to run concurrently. |
(G) "Minor traffic offense" means a petty offense, |
business offense, or Class C misdemeanor under the |
Illinois Vehicle Code or a similar provision of a |
municipal or local ordinance. |
(H) "Municipal ordinance violation" means an |
offense defined by a municipal or local ordinance that |
is criminal in nature and with which the petitioner was |
charged or for which the petitioner was arrested and |
released without charging. |
(I) "Petitioner" means an adult or a minor |
|
prosecuted as an
adult who has applied for relief under |
this Section. |
(J) "Qualified probation" means an order of |
probation under Section 10 of the Cannabis Control Act, |
Section 410 of the Illinois Controlled Substances Act, |
Section 70 of the Methamphetamine Control and |
Community Protection Act, Section 12-4.3(b)(1) and (2) |
of the Criminal Code of 1961 (as those provisions |
existed before their deletion by Public Act 89-313), |
Section 10-102 of the Illinois Alcoholism and Other |
Drug Dependency Act, Section 40-10 of the Alcoholism |
and Other Drug Abuse and Dependency Act, or Section 10 |
of the Steroid Control Act. For the purpose of this |
Section, "successful completion" of an order of |
qualified probation under Section 10-102 of the |
Illinois Alcoholism and Other Drug Dependency Act and |
Section 40-10 of the Alcoholism and Other Drug Abuse |
and Dependency Act means that the probation was |
terminated satisfactorily and the judgment of |
conviction was vacated. |
(K) "Seal" means to physically and electronically |
maintain the records, unless the records would |
otherwise be destroyed due to age, but to make the |
records unavailable without a court order, subject to |
the exceptions in Sections 12 and 13 of this Act. The |
petitioner's name shall also be obliterated from the |
|
official index required to be kept by the circuit court |
clerk under Section 16 of the Clerks of Courts Act, but |
any index issued by the circuit court clerk before the |
entry of the order to seal shall not be affected. |
(L) "Sexual offense committed against a minor" |
includes but is
not limited to the offenses of indecent |
solicitation of a child
or criminal sexual abuse when |
the victim of such offense is
under 18 years of age. |
(M) "Terminate" as it relates to a sentence or |
order of supervision or qualified probation includes |
either satisfactory or unsatisfactory termination of |
the sentence, unless otherwise specified in this |
Section. |
(2) Minor Traffic Offenses.
Orders of supervision or |
convictions for minor traffic offenses shall not affect a |
petitioner's eligibility to expunge or seal records |
pursuant to this Section. |
(3) Exclusions. Except as otherwise provided in |
subsections (b)(5), (b)(6), and (e) of this Section, the |
court shall not order: |
(A) the sealing or expungement of the records of |
arrests or charges not initiated by arrest that result |
in an order of supervision for or conviction of:
(i) |
any sexual offense committed against a
minor; (ii) |
Section 11-501 of the Illinois Vehicle Code or a |
similar provision of a local ordinance; or (iii) |
|
Section 11-503 of the Illinois Vehicle Code or a |
similar provision of a local ordinance. |
(B) the sealing or expungement of records of minor |
traffic offenses (as defined in subsection (a)(1)(G)), |
unless the petitioner was arrested and released |
without charging. |
(C) the sealing of the records of arrests or |
charges not initiated by arrest which result in an |
order of supervision, an order of qualified probation |
(as defined in subsection (a)(1)(J)), or a conviction |
for the following offenses: |
(i) offenses included in Article 11 of the |
Criminal Code of 1961 or a similar provision of a |
local ordinance, except Section 11-14 of the |
Criminal Code of 1961 or a similar provision of a |
local ordinance; |
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30, or |
26-5 , or 48-1 of the Criminal Code of 1961 or a |
similar provision of a local ordinance; |
(iii) offenses defined as "crimes of violence" |
in Section 2 of the Crime Victims Compensation Act |
or a similar provision of a local ordinance; |
(iv) offenses which are Class A misdemeanors |
under the Humane Care for Animals Act; or |
(v) any offense or attempted offense that |
would subject a person to registration under the |
|
Sex Offender Registration Act. |
(D) the sealing of the records of an arrest which |
results in
the petitioner being charged with a felony |
offense or records of a charge not initiated by arrest |
for a felony offense unless: |
(i) the charge is amended to a misdemeanor and |
is otherwise
eligible to be sealed pursuant to |
subsection (c); |
(ii) the charge is brought along with another |
charge as a part of one case and the charge results |
in acquittal, dismissal, or conviction when the |
conviction was reversed or vacated, and another |
charge brought in the same case results in a |
disposition for a misdemeanor offense that is |
eligible to be sealed pursuant to subsection (c) or |
a disposition listed in paragraph (i), (iii), or |
(iv) of this subsection; |
(iii) the charge results in first offender |
probation as set forth in subsection (c)(2)(E); |
(iv) the charge is for a Class 4 felony offense |
listed in subsection (c)(2)(F) or the charge is |
amended to a Class 4 felony offense listed in |
subsection (c)(2)(F). Records of arrests which |
result in the petitioner being charged with a Class |
4 felony offense listed in subsection (c)(2)(F), |
records of charges not initiated by arrest for |
|
Class 4 felony offenses listed in subsection |
(c)(2)(F), and records of charges amended to a |
Class 4 felony offense listed in (c)(2)(F) may be |
sealed, regardless of the disposition, subject to |
any waiting periods set forth in subsection |
(c)(3); |
(v) the charge results in acquittal, |
dismissal, or the petitioner's release without |
conviction; or |
(vi) the charge results in a conviction, but |
the conviction was reversed or vacated. |
(b) Expungement. |
(1) A petitioner may petition the circuit court to |
expunge the
records of his or her arrests and charges not |
initiated by arrest when: |
(A) He or she has never been convicted of a |
criminal offense; and |
(B) Each arrest or charge not initiated by arrest
|
sought to be expunged resulted in:
(i) acquittal, |
dismissal, or the petitioner's release without |
charging, unless excluded by subsection (a)(3)(B);
|
(ii) a conviction which was vacated or reversed, unless |
excluded by subsection (a)(3)(B);
(iii) an order of |
supervision and such supervision was successfully |
completed by the petitioner, unless excluded by |
subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of |
|
qualified probation (as defined in subsection |
(a)(1)(J)) and such probation was successfully |
completed by the petitioner. |
(2) Time frame for filing a petition to expunge. |
(A) When the arrest or charge not initiated by |
arrest sought to be expunged resulted in an acquittal, |
dismissal, the petitioner's release without charging, |
or the reversal or vacation of a conviction, there is |
no waiting period to petition for the expungement of |
such records. |
(B) When the arrest or charge not initiated by |
arrest
sought to be expunged resulted in an order of |
supervision, successfully
completed by the petitioner, |
the following time frames will apply: |
(i) Those arrests or charges that resulted in |
orders of
supervision under Section 3-707, 3-708, |
3-710, or 5-401.3 of the Illinois Vehicle Code or a |
similar provision of a local ordinance, or under |
Section 11-1.50, 12-3.2 , or 12-15 of the Criminal |
Code of 1961 or a similar provision of a local |
ordinance, shall not be eligible for expungement |
until 5 years have passed following the |
satisfactory termination of the supervision. |
(ii) Those arrests or charges that resulted in |
orders
of supervision for any other offenses shall |
not be
eligible for expungement until 2 years have |
|
passed
following the satisfactory termination of |
the supervision. |
(C) When the arrest or charge not initiated by |
arrest sought to
be expunged resulted in an order of |
qualified probation, successfully
completed by the |
petitioner, such records shall not be eligible for
|
expungement until 5 years have passed following the |
satisfactory
termination of the probation. |
(3) Those records maintained by the Department for
|
persons arrested prior to their 17th birthday shall be
|
expunged as provided in Section 5-915 of the Juvenile Court
|
Act of 1987. |
(4) Whenever a person has been arrested for or |
convicted of any
offense, in the name of a person whose |
identity he or she has stolen or otherwise
come into |
possession of, the aggrieved person from whom the identity
|
was stolen or otherwise obtained without authorization,
|
upon learning of the person having been arrested using his
|
or her identity, may, upon verified petition to the chief |
judge of
the circuit wherein the arrest was made, have a |
court order
entered nunc pro tunc by the Chief Judge to |
correct the
arrest record, conviction record, if any, and |
all official
records of the arresting authority, the |
Department, other
criminal justice agencies, the |
prosecutor, and the trial
court concerning such arrest, if |
any, by removing his or her name
from all such records in |
|
connection with the arrest and
conviction, if any, and by |
inserting in the records the
name of the offender, if known |
or ascertainable, in lieu of
the aggrieved's name. The |
records of the circuit court clerk shall be sealed until |
further order of
the court upon good cause shown and the |
name of the
aggrieved person obliterated on the official |
index
required to be kept by the circuit court clerk under
|
Section 16 of the Clerks of Courts Act, but the order shall
|
not affect any index issued by the circuit court clerk
|
before the entry of the order. Nothing in this Section
|
shall limit the Department of State Police or other
|
criminal justice agencies or prosecutors from listing
|
under an offender's name the false names he or she has
|
used. |
(5) Whenever a person has been convicted of criminal
|
sexual assault, aggravated criminal sexual assault,
|
predatory criminal sexual assault of a child, criminal
|
sexual abuse, or aggravated criminal sexual abuse, the
|
victim of that offense may request that the State's
|
Attorney of the county in which the conviction occurred
|
file a verified petition with the presiding trial judge at
|
the petitioner's trial to have a court order entered to |
seal
the records of the circuit court clerk in connection
|
with the proceedings of the trial court concerning that
|
offense. However, the records of the arresting authority
|
and the Department of State Police concerning the offense
|
|
shall not be sealed. The court, upon good cause shown,
|
shall make the records of the circuit court clerk in
|
connection with the proceedings of the trial court
|
concerning the offense available for public inspection. |
(6) If a conviction has been set aside on direct review
|
or on collateral attack and the court determines by clear
|
and convincing evidence that the petitioner was factually
|
innocent of the charge, the court shall enter an
|
expungement order as provided in subsection (b) of Section
|
5-5-4 of the Unified Code of Corrections. |
(7) Nothing in this Section shall prevent the |
Department of
State Police from maintaining all records of |
any person who
is admitted to probation upon terms and |
conditions and who
fulfills those terms and conditions |
pursuant to Section 10
of the Cannabis Control Act, Section |
410 of the Illinois
Controlled Substances Act, Section 70 |
of the
Methamphetamine Control and Community Protection |
Act,
Section 12-4.3 or subdivision (b)(1) of Section |
12-3.05 of the Criminal Code of 1961, Section 10-102
of the |
Illinois Alcoholism and Other Drug Dependency Act,
Section |
40-10 of the Alcoholism and Other Drug Abuse and
Dependency |
Act, or Section 10 of the Steroid Control Act. |
(c) Sealing. |
(1) Applicability. Notwithstanding any other provision |
of this Act to the contrary, and cumulative with any rights |
to expungement of criminal records, this subsection |
|
authorizes the sealing of criminal records of adults and of |
minors prosecuted as adults. |
(2) Eligible Records. The following records may be |
sealed: |
(A) All arrests resulting in release without |
charging; |
(B) Arrests or charges not initiated by arrest |
resulting in acquittal, dismissal, or conviction when |
the conviction was reversed or vacated, except as |
excluded by subsection (a)(3)(B); |
(C) Arrests or charges not initiated by arrest |
resulting in orders of supervision successfully |
completed by the petitioner, unless excluded by |
subsection (a)(3); |
(D) Arrests or charges not initiated by arrest |
resulting in convictions unless excluded by subsection |
(a)(3); |
(E) Arrests or charges not initiated by arrest |
resulting in orders of first offender probation under |
Section 10 of the Cannabis Control Act, Section 410 of |
the Illinois Controlled Substances Act, or Section 70 |
of the Methamphetamine Control and Community |
Protection Act; and |
(F) Arrests or charges not initiated by arrest |
resulting in Class 4 felony convictions for the |
following offenses: |
|
(i) Section 11-14 of the Criminal Code of 1961; |
(ii) Section 4 of the Cannabis Control Act; |
(iii) Section 402 of the Illinois Controlled |
Substances Act; |
(iv) the Methamphetamine Precursor Control |
Act; and |
(v) the Steroid Control Act. |
(3) When Records Are Eligible to Be Sealed. Records |
identified as eligible under subsection (c)(2) may be |
sealed as follows: |
(A) Records identified as eligible under |
subsection (c)(2)(A) and (c)(2)(B) may be sealed at any |
time. |
(B) Records identified as eligible under |
subsection (c)(2)(C) may be sealed
(i) 3 years after |
the termination of petitioner's last sentence (as |
defined in subsection (a)(1)(F)) if the petitioner has |
never been convicted of a criminal offense (as defined |
in subsection (a)(1)(D)); or
(ii) 4 years after the |
termination of the petitioner's last sentence (as |
defined in subsection (a)(1)(F)) if the petitioner has |
ever been convicted of a criminal offense (as defined |
in subsection (a)(1)(D)). |
(C) Records identified as eligible under |
subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be |
sealed 4 years after the termination of the |
|
petitioner's last sentence (as defined in subsection |
(a)(1)(F)). |
(4) Subsequent felony convictions. A person may not |
have
subsequent felony conviction records sealed as |
provided in this subsection
(c) if he or she is convicted |
of any felony offense after the date of the
sealing of |
prior felony convictions as provided in this subsection |
(c). The court may, upon conviction for a subsequent felony |
offense, order the unsealing of prior felony conviction |
records previously ordered sealed by the court. |
(5) Notice of eligibility for sealing. Upon entry of a |
disposition for an eligible record under this subsection |
(c), the petitioner shall be informed by the court of the |
right to have the records sealed and the procedures for the |
sealing of the records. |
(d) Procedure. The following procedures apply to |
expungement under subsections (b) and (e), and sealing under |
subsection (c): |
(1) Filing the petition. Upon becoming eligible to |
petition for
the expungement or sealing of records under |
this Section, the petitioner shall file a petition |
requesting the expungement
or sealing of records with the |
clerk of the court where the arrests occurred or the |
charges were brought, or both. If arrests occurred or |
charges were brought in multiple jurisdictions, a petition |
must be filed in each such jurisdiction. The petitioner |
|
shall pay the applicable fee, if not waived. |
(2) Contents of petition. The petition shall be
|
verified and shall contain the petitioner's name, date of
|
birth, current address and, for each arrest or charge not |
initiated by
arrest sought to be sealed or expunged, the |
case number, the date of
arrest (if any), the identity of |
the arresting authority, and such
other information as the |
court may require. During the pendency
of the proceeding, |
the petitioner shall promptly notify the
circuit court |
clerk of any change of his or her address. |
(3) Drug test. The petitioner must attach to the |
petition proof that the petitioner has passed a test taken |
within 30 days before the filing of the petition showing |
the absence within his or her body of all illegal |
substances as defined by the Illinois Controlled |
Substances Act, the Methamphetamine Control and Community |
Protection Act, and the Cannabis Control Act if he or she |
is petitioning to seal felony records pursuant to clause |
(c)(2)(E) or (c)(2)(F)(ii)-(v) or if he or she is |
petitioning to expunge felony records of a qualified |
probation pursuant to clause (b)(1)(B)(iv). |
(4) Service of petition. The circuit court clerk shall |
promptly
serve a copy of the petition on the State's |
Attorney or
prosecutor charged with the duty of prosecuting |
the
offense, the Department of State Police, the arresting
|
agency and the chief legal officer of the unit of local
|
|
government effecting the arrest. |
(5) Objections. |
(A) Any party entitled to notice of the petition |
may file an objection to the petition. All objections |
shall be in writing, shall be filed with the circuit |
court clerk, and shall state with specificity the basis |
of the objection. |
(B) Objections to a petition to expunge or seal |
must be filed within 60 days of the date of service of |
the petition. |
(6) Entry of order. |
(A) The Chief Judge of the circuit wherein the |
charge was brought, any judge of that circuit |
designated by the Chief Judge, or in counties of less |
than 3,000,000 inhabitants, the presiding trial judge |
at the petitioner's trial, if any, shall rule on the |
petition to expunge or seal as set forth in this |
subsection (d)(6). |
(B) Unless the State's Attorney or prosecutor, the |
Department of
State Police, the arresting agency, or |
the chief legal officer
files an objection to the |
petition to expunge or seal within 60 days from the |
date of service of the petition, the court shall enter |
an order granting or denying the petition. |
(7) Hearings. If an objection is filed, the court shall |
set a date for a hearing and notify the petitioner and all |
|
parties entitled to notice of the petition of the hearing |
date at least 30 days prior to the hearing, and shall hear |
evidence on whether the petition should or should not be |
granted, and shall grant or deny the petition to expunge or |
seal the records based on the evidence presented at the |
hearing. |
(8) Service of order. After entering an order to |
expunge or
seal records, the court must provide copies of |
the order to the
Department, in a form and manner |
prescribed by the Department,
to the petitioner, to the |
State's Attorney or prosecutor
charged with the duty of |
prosecuting the offense, to the
arresting agency, to the |
chief legal officer of the unit of
local government |
effecting the arrest, and to such other
criminal justice |
agencies as may be ordered by the court. |
(9) Effect of order. |
(A) Upon entry of an order to expunge records |
pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: |
(i) the records shall be expunged (as defined |
in subsection (a)(1)(E)) by the arresting agency, |
the Department, and any other agency as ordered by |
the court, within 60 days of the date of service of |
the order, unless a motion to vacate, modify, or |
reconsider the order is filed pursuant to |
paragraph (12) of subsection (d) of this Section; |
(ii) the records of the circuit court clerk |
|
shall be impounded until further order of the court |
upon good cause shown and the name of the |
petitioner obliterated on the official index |
required to be kept by the circuit court clerk |
under Section 16 of the Clerks of Courts Act, but |
the order shall not affect any index issued by the |
circuit court clerk before the entry of the order; |
and |
(iii) in response to an inquiry for expunged |
records, the court, the Department, or the agency |
receiving such inquiry, shall reply as it does in |
response to inquiries when no records ever |
existed. |
(B) Upon entry of an order to expunge records |
pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: |
(i) the records shall be expunged (as defined |
in subsection (a)(1)(E)) by the arresting agency |
and any other agency as ordered by the court, |
within 60 days of the date of service of the order, |
unless a motion to vacate, modify, or reconsider |
the order is filed pursuant to paragraph (12) of |
subsection (d) of this Section; |
(ii) the records of the circuit court clerk |
shall be impounded until further order of the court |
upon good cause shown and the name of the |
petitioner obliterated on the official index |
|
required to be kept by the circuit court clerk |
under Section 16 of the Clerks of Courts Act, but |
the order shall not affect any index issued by the |
circuit court clerk before the entry of the order; |
(iii) the records shall be impounded by the
|
Department within 60 days of the date of service of |
the order as ordered by the court, unless a motion |
to vacate, modify, or reconsider the order is filed |
pursuant to paragraph (12) of subsection (d) of |
this Section; |
(iv) records impounded by the Department may |
be disseminated by the Department only as required |
by law or to the arresting authority, the State's |
Attorney, and the court upon a later arrest for the |
same or a similar offense or for the purpose of |
sentencing for any subsequent felony, and to the |
Department of Corrections upon conviction for any |
offense; and |
(v) in response to an inquiry for such records |
from anyone not authorized by law to access such |
records the court, the Department, or the agency |
receiving such inquiry shall reply as it does in |
response to inquiries when no records ever |
existed. |
(C) Upon entry of an order to seal records under |
subsection
(c), the arresting agency, any other agency |
|
as ordered by the court, the Department, and the court |
shall seal the records (as defined in subsection |
(a)(1)(K)). In response to an inquiry for such records |
from anyone not authorized by law to access such |
records the court, the Department, or the agency |
receiving such inquiry shall reply as it does in |
response to inquiries when no records ever existed. |
(10) Fees. The Department may charge the petitioner a |
fee equivalent to the cost of processing any order to |
expunge or seal records. Notwithstanding any provision of |
the Clerks of Courts Act to the contrary, the circuit court |
clerk may charge a fee equivalent to the cost associated |
with the sealing or expungement of records by the circuit |
court clerk. From the total filing fee collected for the |
petition to seal or expunge, the circuit court clerk shall |
deposit $10 into the Circuit Court Clerk Operation and |
Administrative Fund, to be used to offset the costs |
incurred by the circuit court clerk in performing the |
additional duties required to serve the petition to seal or |
expunge on all parties. The circuit court clerk shall |
collect and forward the Department of State Police portion |
of the fee to the Department and it shall be deposited in |
the State Police Services Fund. |
(11) Final Order. No court order issued under the |
expungement or sealing provisions of this Section shall |
become final for purposes of appeal until 30 days after |
|
service of the order on the petitioner and all parties |
entitled to notice of the petition. |
(12) Motion to Vacate, Modify, or Reconsider. The |
petitioner or any party entitled to notice may file a |
motion to vacate, modify, or reconsider the order granting |
or denying the petition to expunge or seal within 60 days |
of service of the order. |
(e) Whenever a person who has been convicted of an offense |
is granted
a pardon by the Governor which specifically |
authorizes expungement, he or she may,
upon verified petition |
to the Chief Judge of the circuit where the person had
been |
convicted, any judge of the circuit designated by the Chief |
Judge, or in
counties of less than 3,000,000 inhabitants, the |
presiding trial judge at the
defendant's trial, have a court |
order entered expunging the record of
arrest from the official |
records of the arresting authority and order that the
records |
of the circuit court clerk and the Department be sealed until
|
further order of the court upon good cause shown or as |
otherwise provided
herein, and the name of the defendant |
obliterated from the official index
requested to be kept by the |
circuit court clerk under Section 16 of the Clerks
of Courts |
Act in connection with the arrest and conviction for the |
offense for
which he or she had been pardoned but the order |
shall not affect any index issued by
the circuit court clerk |
before the entry of the order. All records sealed by
the |
Department may be disseminated by the Department only as |
|
required by law or
to the arresting authority, the State's |
Attorney, and the court upon a later
arrest for the same or |
similar offense or for the purpose of sentencing for any
|
subsequent felony. Upon conviction for any subsequent offense, |
the Department
of Corrections shall have access to all sealed |
records of the Department
pertaining to that individual. Upon |
entry of the order of expungement, the
circuit court clerk |
shall promptly mail a copy of the order to the
person who was |
pardoned. |
(f) Subject to available funding, the Illinois Department
|
of Corrections shall conduct a study of the impact of sealing,
|
especially on employment and recidivism rates, utilizing a
|
random sample of those who apply for the sealing of their
|
criminal records under Public Act 93-211. At the request of the
|
Illinois Department of Corrections, records of the Illinois
|
Department of Employment Security shall be utilized as
|
appropriate to assist in the study. The study shall not
|
disclose any data in a manner that would allow the
|
identification of any particular individual or employing unit.
|
The study shall be made available to the General Assembly no
|
later than September 1, 2010.
|
(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10; |
96-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff. |
7-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443, |
eff. 8-19-11; revised 9-6-11.)
|
|
Section 15-5. The Metropolitan Transit Authority Act is |
amended by changing Section 28b as follows:
|
(70 ILCS 3605/28b) (from Ch. 111 2/3, par. 328b)
|
Sec. 28b. Any person applying for a position as a driver of |
a vehicle
owned by a private carrier company which provides |
public transportation
pursuant to an agreement with the |
Authority shall be required to
authorize an investigation by |
the private carrier company to determine if
the applicant has |
been convicted of any of the following offenses: (i) those
|
offenses defined in Sections 9-1, 9-1.2, 10-1, 10-2, 10-3.1, |
10-4, 10-5,
10-6, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, |
11-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, |
11-16, 11-17, 11-18, 11-19,
11-19.1, 11-19.2, 11-20, 11-20.1, |
11-20.1B, 11-20.3, 11-21, 11-22, 11-30, 12-4.3, 12-4.4, |
12-4.5,
12-6, 12-7.1, 12-11, 12-13, 12-14, 12-14.1,
12-15, |
12-16, 12-16.1, 18-1, 18-2, 19-6, 20-1,
20-1.1, 31A-1, 31A-1.1, |
and 33A-2, in subsection (a) and subsection (b),
clause (1), of |
Section 12-4, in subdivisions (a)(1), (b)(1), and (f)(1) of |
Section 12-3.05, and in subsection (a-5) of Section 12-3.1 of |
the Criminal Code of 1961; (ii) those
offenses defined in the |
Cannabis Control Act except those offenses defined
in |
subsections (a) and (b) of Section 4, and subsection (a) of |
Section 5 of
the Cannabis Control Act (iii) those offenses |
defined in the Illinois
Controlled Substances Act; (iv) those |
offenses defined in the Methamphetamine Control and Community |
|
Protection Act; and (v) any offense committed or attempted in
|
any other state or against the laws of the United States, which |
if
committed or attempted in this State would be punishable as |
one or more of
the foregoing offenses. Upon receipt of this |
authorization, the private
carrier company shall submit the |
applicant's name, sex, race, date of
birth, fingerprints and |
social security number to the Department of State
Police on |
forms prescribed by the Department. The Department of State
|
Police shall conduct an investigation to ascertain if the |
applicant
has been convicted of any of the above enumerated |
offenses. The Department
shall charge the private carrier |
company a fee for conducting the
investigation, which fee shall |
be deposited in the State Police Services
Fund and shall not |
exceed the cost of the inquiry; and the applicant shall not
be |
charged a fee for such investigation by the private carrier |
company.
The Department of State Police shall furnish, pursuant |
to positive
identification, records of convictions, until |
expunged, to the private
carrier company which requested the |
investigation. A copy of the record of
convictions obtained |
from the Department shall be provided to the applicant.
Any |
record of conviction received by the private carrier company |
shall be
confidential. Any person who releases any confidential |
information
concerning any criminal convictions of an |
applicant shall be guilty of a
Class A misdemeanor, unless |
authorized by this Section.
|
(Source: P.A. 96-1551, Article 1, Section 920, eff. 7-1-11; |
|
96-1551, Article 2, Section 960, eff. 7-1-11; revised 9-30-11.)
|
Section 15-6. The Public Utilities Act is amended by |
changing Section 22-501 as follows:
|
(220 ILCS 5/22-501) |
Sec. 22-501. Customer service and privacy protection. All |
cable or video providers in this State shall comply with the |
following customer service requirements and privacy |
protections. The provisions of this Act shall not apply to an |
incumbent cable operator prior to January 1, 2008. For purposes |
of this paragraph, an incumbent cable operator means a person |
or entity that provided cable services in a particular area |
under a franchise agreement with a local unit of government |
pursuant to Section 11-42-11 of the Illinois
Municipal Code or |
Section 5-1095 of the Counties Code on January 1, 2007.
A |
master antenna television, satellite master antenna |
television, direct broadcast satellite, multipoint |
distribution service, and other provider of video programming |
shall only be subject to the provisions of this Article to the |
extent permitted by federal law. |
The following definitions apply to the terms used in this |
Article: |
"Basic cable or video service" means any service offering |
or tier that
includes the retransmission of local television |
broadcast signals. |
|
"Cable or video provider" means any person or entity |
providing cable service or video service pursuant to |
authorization under (i) the Cable and Video Competition Law of |
2007; (ii) Section 11-42-11 of the Illinois Municipal Code; |
(iii) Section 5-1095 of the Counties Code; or (iv) a master |
antenna television, satellite master antenna television, |
direct broadcast satellite, multipoint distribution services, |
and other providers of video programming, whatever their |
technology. A cable or video provider shall not include a |
landlord providing only broadcast video programming to a |
single-family home or other residential dwelling consisting of |
4
units or less. |
"Franchise" has the same meaning as found in 47 U.S.C. |
522(9). |
"Local unit of government" means a city, village, |
incorporated town, or a county. |
"Normal business hours" means those hours during which most |
similar businesses in the geographic area of the local unit of |
government are open to serve customers. In all cases, "normal |
business hours" must include some evening hours at least one |
night per week or some weekend hours. |
"Normal operating conditions" means those service |
conditions that are within the control of cable or video |
providers. Those conditions that are not within the control of |
cable or video providers include, but are not limited to, |
natural disasters, civil disturbances, power outages, |
|
telephone network outages, and severe or unusual weather |
conditions. Those conditions that are ordinarily within the |
control of cable or video providers include, but are not |
limited to, special promotions, pay-per-view events, rate |
increases, regular peak or seasonal demand periods, and |
maintenance or upgrade of the cable service or video service |
network. |
"Service interruption" means the loss of picture or sound |
on one or more cable service or video service on one or more |
cable or video channels. |
"Service line drop" means the point of connection between a |
premises and the cable or video network that enables the |
premises to receive cable service or video service. |
(a) General customer service standards: |
(1) Cable or video providers shall establish general |
standards related to customer service, which shall |
include, but not be limited to, installation, |
disconnection, service and repair obligations; appointment |
hours and employee ID requirements; customer service |
telephone numbers and hours; procedures for billing, |
charges, deposits, refunds, and credits; procedures for |
termination of service; notice of deletion of programming |
service; changes related to transmission of programming; |
changes or increases in rates; the use and availability of |
parental control or lock-out devices; the use and |
availability of an A/B switch if applicable; complaint |
|
procedures and procedures for bill dispute resolution; a |
description of the rights and remedies available to |
consumers if the cable or video provider does not |
materially meet its
customer service standards; and |
special services for customers with visual, hearing, or |
mobility disabilities. |
(2) Cable or video providers' rates for each level of |
service, rules, regulations, and policies related to its |
cable service or video service described in paragraph (1) |
of this subsection (a)
must be made available to the public |
and displayed clearly and conspicuously on the cable or |
video provider's site on the Internet. If a promotional |
price or a price for a specified period of time is offered, |
the cable or video provider shall display the price at the |
end of the promotional period or specified period of time |
clearly and conspicuously with the display of the |
promotional price or price for a specified period of time. |
The cable or video provider shall provide this information |
upon request. |
(3) Cable or video providers shall provide notice |
concerning their general customer service standards to all |
customers. This notice shall be offered when service is |
first activated and annually thereafter. The information |
in the notice shall include all of the information |
specified in paragraph (1) of this subsection (a), as well |
as the following: a listing of services offered by the |
|
cable or video providers, which shall clearly describe |
programming for all services and all levels of service; the |
rates for all services and levels of service; a telephone |
number
through which customers may subscribe to, change, or |
terminate service, request customer service, or seek |
general or billing information; instructions on the use of |
the cable or video services; and a description of rights |
and remedies that the cable or video providers shall make |
available to their customers if they do not materially meet |
the general customer service standards described in this |
Act. |
(b) General customer service obligations: |
(1) Cable or video providers shall render reasonably |
efficient service, promptly make repairs, and interrupt |
service only as necessary and for good cause, during |
periods of minimum use of the system and for no more than |
24 hours. |
(2) All service representatives or any other person who |
contacts customers or potential customers on behalf of the |
cable or video provider shall have a visible identification |
card with their name and photograph and shall orally |
identify themselves upon first contact with the customer. |
Customer service representatives shall orally identify |
themselves to callers immediately following the greeting |
during each telephone contact with the public. |
(3) The cable or video providers shall: (i) maintain a |
|
customer service facility within the boundaries of a local |
unit of government staffed by customer service |
representatives that have the capacity to accept payment, |
adjust bills, and respond to repair, installation, |
reconnection, disconnection, or other service calls and |
distribute or receive converter boxes, remote control |
units, digital stereo units, or other equipment related to |
the provision of cable or video service; (ii) provide |
customers with bill payment facilities through retail, |
financial, or other commercial institutions located within |
the boundaries of a local unit of government; (iii) provide |
an address, toll-free telephone number or electronic |
address to accept bill payments and correspondence and |
provide secure collection boxes for the receipt of bill |
payments and the return of equipment, provided that if a |
cable or video provider provides secure collection boxes, |
it shall provide a printed receipt when items are |
deposited; or (iv) provide an address, toll-free telephone |
number, or electronic address to accept bill payments and |
correspondence and provide a method for customers to return |
equipment to the cable or video provider at no cost to the |
customer. |
(4) In each contact with a customer, the service |
representatives or any other person who contacts customers |
or potential customers on behalf of the cable or video |
provider shall state the estimated cost of the service, |
|
repair, or installation orally prior to delivery of the |
service or before any work is performed, shall provide the |
customer with an oral statement of the total charges before |
terminating the telephone call or other contact in which a |
service is ordered, whether in-person or over the Internet, |
and shall provide a written statement of the total charges |
before leaving the location at which the work was |
performed. In the event that the cost of service is a |
promotional price or is for a limited period of time, the |
cost of service at the end of the promotion or limited |
period of time shall be disclosed. |
(5) Cable or video providers shall provide customers a |
minimum of 30 days' written notice before increasing rates |
or eliminating transmission of programming and shall |
submit the notice to the local unit of government in |
advance of distribution to customers, provided that the |
cable or video provider is not in violation of this |
provision if the elimination of transmission of |
programming was outside the control of the provider, in |
which case the provider shall use reasonable efforts to |
provide as much notice as possible, and any rate decrease |
related to the elimination of transmission of programming |
shall be applied to the date of the change. |
(6) Cable or video providers shall provide clear visual |
and audio reception that meets or exceeds applicable |
Federal Communications Commission technical standards. If |
|
a customer experiences poor video or audio reception due to |
the equipment of the cable or video provider, the cable or |
video provider shall promptly repair the problem at its own |
expense. |
(c) Bills, payment, and termination: |
(1) Cable or video providers shall render monthly bills |
that are clear, accurate, and understandable. |
(2) Every residential customer who pays bills directly |
to the cable or video provider shall have at least 28 days |
from the date of the bill to pay the listed charges. |
(3) Customer payments shall be posted promptly. When |
the payment is sent by United States mail, payment is |
considered paid on the date it is postmarked. |
(4) Cable or video providers may not terminate |
residential service for nonpayment of a bill unless the |
cable or video provider furnishes notice of the delinquency |
and impending termination at least 21 days prior to the |
proposed termination. Notice of proposed termination shall |
be mailed, postage prepaid, to the customer to whom service |
is billed. Notice of proposed termination shall not be |
mailed until the 29th day after the date of the bill for |
services. Notice of delinquency and impending termination |
may be part of a billing statement only if the notice is |
presented in a different color than the bill and is |
designed to be conspicuous. The cable or video providers |
may not assess a late fee prior to the 29th day after the |
|
date of the bill for service. |
(5) Every notice of impending termination shall |
include all of the following: the name and address of |
customer; the amount of the delinquency; the date on which |
payment is required to avoid termination; and the telephone |
number of the cable or video provider's service |
representative to make payment arrangements and to provide |
additional information about the charges for failure to |
return equipment and for reconnection, if any. No customer |
may be charged a fee for termination or disconnection of |
service, irrespective of whether the customer initiated |
termination or disconnection or the cable or video provider |
initiated termination or disconnection. |
(6) Service may only be terminated on days when the |
customer is able to reach a service representative of the |
cable or video providers, either in person or by telephone. |
(7) Any service terminated by a cable or video provider |
without good cause shall be restored without any |
reconnection fee, charge, or penalty; good cause for |
termination includes, but is not limited to, failure to pay |
a bill by the date specified in the notice of impending |
termination, payment by check for which there are |
insufficient funds, theft of service, abuse of equipment or |
personnel, or other similar subscriber actions. |
(8) Cable or video providers shall cease charging a |
customer for any or all services within one
business day |
|
after it receives a request to immediately terminate |
service or on the day requested by the customer if such a |
date is at least 5 days from the date requested by the |
customer. Nothing in this subsection (c) shall prohibit the |
provider from billing for charges that the customer incurs |
prior to the date of termination. Cable or video providers |
shall issue a credit or a refund or return a deposit within |
10 business days after the close of the customer's billing |
cycle following the request for termination or the return |
of equipment, if any, whichever is later. |
(9) The customers or subscribers of a cable or video |
provider shall be allowed to disconnect their service at |
any time within the first 60 days after subscribing to or |
upgrading the service. Within this 60-day period, cable or |
video providers shall not charge or impose any fees or |
penalties on the customer for disconnecting service, |
including, but not limited to, any installation charge or |
the imposition of an early termination charge, except the |
cable or video provider may impose a charge or fee to |
offset any rebates or credits received by the customer and |
may impose monthly service or maintenance charges, |
including pay-per-view and premium services charges, |
during such 60-day period. |
(10) Cable and video providers shall guarantee |
customer satisfaction for new or upgraded service and the |
customer shall receive a pro-rata credit in an amount equal |
|
to the pro-rata charge for the remaining days of service |
being disconnected or replaced upon the customers request |
if the customer is dissatisfied with the service and |
requests to discontinue the service within the first 60 |
days after subscribing to the upgraded service. |
(d) Response to customer inquiries: |
(1) Cable or video providers will maintain a toll-free |
telephone access line that is
available to customers 24 |
hours a day, 7
days a week to accept calls regarding |
installation, termination, service, and complaints. |
Trained, knowledgeable, qualified service representatives |
of the cable or video providers will be available to |
respond to customer telephone inquiries during normal |
business hours. Customer service representatives shall be |
able to provide credit, waive fees, schedule appointments, |
and change billing cycles. Any difficulties that cannot be |
resolved by the customer service representatives shall be |
referred to a supervisor who shall make his or her best |
efforts to resolve the issue immediately. If the supervisor |
does not resolve the issue to the customer's satisfaction, |
the customer shall be informed of the cable or video |
provider's complaint procedures and procedures for billing |
dispute resolution and given a description of the rights |
and remedies available to customers to enforce the terms of |
this Article, including the customer's rights to have the |
complaint reviewed by the local unit of government, to |
|
request mediation, and to review in a court of competent |
jurisdiction. |
(2) After normal business hours, the access line may be |
answered by a service or an automated response system, |
including an answering machine. Inquiries received by |
telephone or e-mail after normal business hours shall be |
responded to by a trained service representative on the |
next business day. The cable or video provider shall |
respond to a written billing inquiry within 10 days of |
receipt of the inquiry. |
(3) Cable or video providers shall provide customers |
seeking non-standard installations with a total |
installation cost estimate and an estimated date of |
completion. The actual charge to the customer shall not |
exceed 10% of the estimated cost without the written |
consent of the customer. |
(4) If the cable or video provider receives notice that |
an unsafe condition exists with respect to its equipment, |
it shall investigate such condition immediately and shall |
take such measures as are necessary to remove or eliminate |
the unsafe condition. The cable or video provider shall |
inform the local unit of government promptly, but no later |
than 2 hours after it receives notification of an unsafe |
condition that it has not remedied. |
(5) Under normal operating conditions, telephone |
answer time by the cable or video provider's customer |
|
representative, including wait time, shall not exceed 30 |
seconds when the connection is made. If the call needs to |
be transferred, transfer time shall not exceed 30 seconds. |
These standards shall be met no less than 90% of the time |
under normal operating conditions, measured on a quarterly |
basis. |
(6) Under normal operating conditions, the cable or |
video provider's customers will receive a busy signal less |
than 3% of the time. |
(e) Under normal operating conditions, each of the |
following standards related to installations, outages, and |
service calls will be met no less than 95% of the time measured |
on a quarterly basis: |
(1) Standard installations will be performed within 7 |
business days after an order has been placed. "Standard" |
installations are those that are located up to 125 feet |
from the existing distribution system. |
(2) Excluding conditions beyond the control of the |
cable or video providers, the cable or video providers will |
begin working on "service interruptions" promptly and in no |
event later than 24 hours after the interruption is |
reported by the customer or otherwise becomes known to the |
cable or video providers. Cable or video providers must |
begin actions to correct other service problems the next |
business day after notification of the service problem and |
correct the problem within 48 hours after the interruption |
|
is reported by the customer 95% of the time, measured on a |
quarterly basis. |
(3) The "appointment window" alternatives for |
installations, service calls, and other installation |
activities will be either a specific time or, at a maximum, |
a 4-hour
time block during evening, weekend, and normal |
business hours. The cable or video provider may schedule |
service calls and other installation activities outside of |
these hours for the express convenience of the customer. |
(4) Cable or video providers may not cancel an |
appointment with a customer after 5:00 p.m. on the business |
day prior to the scheduled appointment. If the cable or |
video provider's representative is running late for an |
appointment with a customer and will not be able to keep |
the appointment as scheduled, the customer will be |
contacted. The appointment will be rescheduled, as |
necessary, at a time that
is convenient for the customer, |
even if the rescheduled appointment is not within normal |
business hours. |
(f) Public benefit obligation: |
(1) All cable or video providers offering service |
pursuant to the Cable and Video Competition Law of 2007, |
the Illinois Municipal Code, or the Counties Code shall |
provide a free service line drop and free basic service to |
all current and future public buildings within their |
footprint, including, but not limited to, all local unit of |
|
government buildings, public libraries, and public primary |
and secondary schools, whether owned or leased by that |
local unit of government ("eligible buildings"). Such |
service shall be used in a manner consistent with the |
government purpose for the eligible building and shall not |
be resold. |
(2) This obligation only applies to those cable or |
video service providers whose cable service or video |
service systems pass eligible buildings and its cable or |
video service is generally available to residential |
subscribers in the same local unit of government in which |
the eligible building is located. The burden of providing |
such service at each eligible building shall be shared by |
all cable and video providers whose systems pass the |
eligible buildings in an equitable and competitively |
neutral manner, and nothing herein shall require |
duplicative installations by more than one cable or video |
provider at each eligible building. Cable or video |
providers operating in a local unit of government shall |
meet as necessary and determine who will provide service to |
eligible buildings under this subsection (f). If the cable |
or video providers are unable to reach an agreement, they |
shall meet with the local unit of government, which shall |
determine which cable or video providers will serve each |
eligible building. The local unit of government shall bear |
the costs of any inside wiring or video equipment costs not |
|
ordinarily provided as part of the cable or video |
provider's basic offering. |
(g) After the cable or video providers have offered service |
for one year, the cable or video providers shall make an annual |
report to the Commission, to the local unit of government, and |
to the Attorney General that it is meeting the standards |
specified in this Article, identifying the number of complaints |
it received over the prior year in the State and specifying the |
number of complaints related to each of the following: (1) |
billing, charges, refunds, and credits; (2) installation or |
termination of service; (3) quality of service and repair; (4) |
programming; and (5) miscellaneous complaints that do not fall |
within these categories. Thereafter, the cable or video |
providers shall also provide, upon request by the local unit of |
government where service is offered and to the Attorney |
General, an annual public report that includes performance data |
described in subdivisions (5) and (6) of subsection (d) and |
subdivisions (1) and (2) of subsection (e)
of this Section for |
cable services or video services. The performance data shall be |
disaggregated for each requesting local unit of government or |
local exchange, as that term is defined in Section 13-206 of |
this
Act, in which the cable or video providers have customers. |
(h) To the extent consistent with federal law, cable or |
video providers shall offer the lowest-cost basic cable or |
video service as a stand-alone service to residential customers |
at reasonable rates. Cable or video providers shall not require |
|
the subscription to any service other than the lowest-cost |
basic service or to any telecommunications or information |
service, as a condition of access to cable or video service, |
including programming offered on a per channel or per program |
basis. Cable or video providers shall not discriminate between |
subscribers to the lowest-cost basic service, subscribers to |
other cable services or video services, and other subscribers |
with regard to the rates charged for cable or video programming |
offered on a per channel or per program basis. |
(i) To the extent consistent with federal law, cable or |
video providers shall ensure that charges for changes in the |
subscriber's selection of services or equipment shall be based |
on the cost of such change and shall not exceed nominal amounts |
when the system's configuration permits changes in service tier |
selection to be effected solely by coded entry on a computer |
terminal or by other similarly simple method. |
(j) To the extent consistent with federal law, cable or |
video providers shall have a rate structure for the provision |
of cable or video service that is uniform throughout the area |
within the boundaries of the local unit of government. This |
subsection (j) is not intended to prohibit bulk discounts to |
multiple dwelling units or to prohibit reasonable discounts to |
senior citizens or other economically disadvantaged groups. |
(k) To the extent consistent with federal law, cable or |
video providers shall not charge a subscriber for any service |
or equipment that the subscriber has not affirmatively |
|
requested by name. For purposes of this subsection (k), a |
subscriber's failure to refuse a cable or video provider's |
proposal to provide service or equipment shall not be deemed to |
be an affirmative request for such service or equipment. |
(l) No contract or service agreement containing an early |
termination clause offering residential cable or video |
services or any bundle including such services shall be for a |
term longer than 2 years. Any contract or service offering with |
a term of service that contains an early termination fee shall |
limit the early termination fee to not more than the value of |
any additional goods or services provided with the cable or |
video services, the amount of the discount reflected in the |
price for cable services or video services for the period |
during which the consumer benefited from the discount, or a |
declining fee based on the remainder of the contract term. |
(m) Cable or video providers shall not discriminate in the |
provision of services for the hearing and visually impaired, |
and shall comply with the accessibility requirements of 47 |
U.S.C. 613. Cable or video providers shall deliver and pick-up |
or provide customers with pre-paid shipping and packaging for |
the return of converters and other necessary equipment at the |
home of customers with disabilities. Cable or video providers |
shall provide free use of a converter or remote control unit to |
mobility impaired customers. |
(n)(1) To the extent consistent with federal law, cable or |
video providers shall comply with the provisions of 47 U.S.C. |
|
532(h) and (j). The cable or video providers shall not exercise |
any editorial control over any video programming provided |
pursuant to this Section, or in any other way consider the |
content of such programming, except that a cable or video |
provider may refuse to transmit any leased access program or |
portion of a leased access program that
contains obscenity, |
indecency, or nudity and may consider such content to the |
minimum extent necessary to establish a reasonable price for |
the commercial use of designated channel capacity by an |
unaffiliated person. This subsection (n) shall permit cable or |
video providers to enforce prospectively a written and |
published policy of prohibiting programming that the cable or |
video provider reasonably believes describes or depicts sexual |
or excretory activities or organs in a patently offensive |
manner as measured by contemporary community standards. |
(2) Upon customer request, the cable or video provider |
shall, without charge, fully scramble or otherwise fully |
block the audio and video programming of each channel |
carrying such programming so that a person who is not a |
subscriber does not receive the channel or programming. |
(3) In providing sexually explicit adult programming |
or other programming that is indecent on any channel of its |
service primarily dedicated to sexually oriented |
programming, the cable or video provider shall fully |
scramble or otherwise fully block the video and audio |
portion of such channel so that a person who is
not a |
|
subscriber to such channel or programming does not receive |
it. |
(4) Scramble means to rearrange the content of the |
signal of the programming so that the programming cannot be |
viewed or heard in an understandable manner. |
(o) Cable or video providers will maintain a listing, |
specific to the level of street address, of the areas where its |
cable or video services are available. Customers who inquire |
about purchasing cable or video service shall be informed about |
whether the cable or video provider's cable or video services |
are currently available to them at their specific location. |
(p) Cable or video providers shall not disclose the name, |
address, telephone number or other personally identifying |
information of a cable service or video service customer to be |
used in mailing lists or to be used for other commercial |
purposes not reasonably related to the conduct of its business |
unless the cable or video provider has provided to the customer |
a notice, separately or included in any other customer service |
notice, that clearly and conspicuously describes the |
customer's ability to prohibit the disclosure. Cable or video |
providers shall provide an address and telephone number for a |
customer to use without a toll charge to prevent disclosure of |
the customer's name and address in mailing lists or for other |
commercial purposes not reasonably related to the conduct of |
its business to other businesses or affiliates of the cable or |
video provider. Cable or video providers shall comply with the |
|
consumer privacy requirements of Section 26-4.5 of the Criminal |
Code of 1961 the Communications Consumer Privacy Act , the |
Restricted Call Registry Act, and 47 U.S.C. 551 that are in |
effect as of June 30, 2007 (the effective date of Public Act |
95-9)
and as amended thereafter. |
(q) Cable or video providers shall implement an informal |
process for handling inquiries from local units of government |
and customers concerning billing issues, service issues, |
privacy concerns, and other consumer complaints. In the event |
that an issue is not resolved through this informal process, a |
local unit of government or the customer may request nonbinding |
mediation with the cable or video provider, with each party to |
bear its own costs of such mediation. Selection of the mediator |
will be by mutual agreement, and preference will be given to |
mediation services that do not charge the consumer for their |
services. In the event that the informal process does not |
produce a satisfactory result to the customer or the local unit |
of government, enforcement may be pursued as provided in |
subdivision (4) of subsection (r) of this Section. |
(r) The Attorney General and the local unit of government |
may enforce all of the customer service and privacy protection |
standards of this Section with respect to complaints received |
from residents within the local unit of government's |
jurisdiction, but it may not adopt or seek to enforce any |
additional or different customer service or performance |
standards under any other authority or provision of law. |
|
(1) The local unit of government may, by ordinance, |
provide a schedule of penalties for any material breach of |
this Section by cable or video providers in addition to the |
penalties provided herein. No monetary penalties shall be |
assessed for a material breach if it is out of the |
reasonable control of the cable or video providers or its |
affiliate. Monetary penalties adopted in an ordinance |
pursuant to this Section shall apply on a competitively |
neutral basis to all providers of cable service or video |
service within the local unit of government's |
jurisdiction. In
no event shall the penalties imposed under |
this subsection (r) exceed $750 for each day of the |
material breach, and these penalties shall not exceed |
$25,000 for each occurrence of a material breach per |
customer. |
(2) For purposes of this Section, "material breach" |
means any substantial
failure of a cable or video service |
provider to comply with service quality and other standards |
specified in any provision of this Act. The Attorney |
General or the local unit of government shall give the |
cable or video provider written notice of any alleged |
material breaches of this Act and allow such provider at |
least 30 days from receipt of the notice to remedy the |
specified material breach. |
(3) A material breach, for the purposes of assessing |
penalties, shall be deemed to have occurred for each day |
|
that a material breach has not been remedied by the cable |
service or video service provider after the expiration of |
the period specified in subdivision (2) of this subsection |
(r)
in each local unit of government's jurisdiction, |
irrespective of the number of customers affected. |
(4) Any customer, the Attorney General, or a local unit |
of government may pursue alleged violations of this Act by |
the cable or video provider in a court of competent |
jurisdiction. A cable or video provider may seek judicial |
review of a decision of a local unit of government imposing |
penalties in a court of competent jurisdiction. No local |
unit of government shall be subject to suit for damages or |
other relief based upon its action in connection with its |
enforcement or review of any of the terms, conditions, and |
rights contained in this Act except a court may require the |
return of any penalty it finds was not properly assessed or |
imposed. |
(s) Cable or video providers shall credit customers for |
violations in the amounts stated herein. The credits shall be |
applied on the statement issued to the customer for the next |
monthly billing cycle following the violation or following the |
discovery of the violation. Cable or video providers are |
responsible for providing the credits described herein and the |
customer is under no obligation to request the credit. If the |
customer is no longer taking service from the cable or video |
provider, the credit amount will be refunded to the customer by |
|
check within 30 days of the termination of service. A local |
unit of government may, by ordinance, adopt a schedule of |
credits payable directly to customers for breach of the |
customer service standards and obligations contained in this |
Article, provided the schedule of customer credits applies on a |
competitively neutral basis to all providers of cable service |
or video service in the local unit of government's jurisdiction |
and the credits are not greater than the credits provided in |
this Section. |
(1) Failure to provide notice of customer service |
standards upon initiation of service: $25.00. |
(2) Failure to install service within 7 days: Waiver of |
50% of the installation fee or the monthly fee for the |
lowest-cost basic service, whichever is greater. Failure |
to install service within 14 days: Waiver of 100% of the |
installation fee or the monthly fee for the lowest-cost |
basic service, whichever is greater. |
(3) Failure to remedy service interruptions or poor |
video or audio service quality within 48 hours: Pro-rata |
credit of total regular monthly charges equal to the number |
of days of the service interruption. |
(4) Failure to keep an appointment or to notify the |
customer prior to the close of business on the business day |
prior to the scheduled appointment: $25.00. |
(5) Violation of privacy protections: $150.00. |
(6) Failure to comply with scrambling requirements: |
|
$50.00 per month. |
(7) Violation of customer service and billing |
standards in subsections (c) and (d) of this Section: |
$25.00 per occurrence. |
(8) Violation of the bundling rules in subsection
(h) |
of this Section: $25.00 per month. |
(t) The enforcement powers granted to the Attorney General |
in Article XXI of this
Act shall apply to this Article, except |
that the Attorney General may not seek penalties for violation |
of this Article
other than in the amounts specified herein. |
Nothing in this Section shall limit or affect the powers of the |
Attorney General to enforce the provisions of Article XXI
of |
this
Act or the Consumer Fraud and Deceptive Business Practices |
Act. |
(u) This Article
applies to all cable and video providers |
in the State, including but not limited to those operating |
under a local franchise as that term is used in 47 U.S.C. |
522(9), those operating under authorization pursuant to |
Section 11-42-11 of the Illinois Municipal Code, those |
operating under authorization pursuant to Section 5-1095 of the |
Counties Code, and those operating under a State-issued |
authorization pursuant to Article XXI of this
Act.
|
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08; 96-927, |
eff. 6-15-10.)
|
Section 15-7. The Health Care Worker Background Check Act |
|
is amended by changing Section 25 as follows:
|
(225 ILCS 46/25)
|
Sec. 25. Persons ineligible to be hired by health care |
employers and long-term care facilities.
|
(a) In the discretion of the Director of Public Health, as |
soon after January 1, 1996, January 1, 1997, January 1, 2006, |
or October 1, 2007, as applicable, and as is reasonably |
practical, no
health care employer shall knowingly hire, |
employ, or retain any
individual in a position with duties |
involving direct care for clients,
patients, or residents, and |
no long-term care facility shall knowingly hire, employ, or |
retain any individual in a position with duties that involve or |
may involve
contact with residents or access to the living |
quarters or the financial, medical, or personal records of |
residents, who has been convicted of committing or attempting |
to
commit one or more of the following offenses: those defined |
in Sections 8-1(b), 8-1.1, 8-1.2, 9-1,
9-1.2, 9-2, 9-2.1, 9-3, |
9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1, 10-2, 10-3, 10-3.1, 10-4,
|
10-5, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, |
11-9.1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, |
12-2, 12-3.05, 12-3.1,
12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2, |
12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4,
12-11, 12-13, |
12-14, 12-14.1, 12-15, 12-16, 12-19, 12-21, 12-21.6, 12-32,
|
12-33, 16-1, 16-1.3, 16-25,
16A-3, 17-3, 17-56, 18-1, 18-2, |
18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 19-6, 20-1, 20-1.1,
24-1, |
|
24-1.2, 24-1.5, or 33A-2, or subdivision (a)(4) of Section |
11-14.4, or in subsection (a) of Section 12-3 or subsection (a) |
or (b) of Section 12-4.4a, of the Criminal Code of 1961; those |
provided in
Section 4 of the Wrongs to Children Act; those |
provided in Section 53 of the
Criminal Jurisprudence Act; those |
defined in Section 5, 5.1, 5.2, 7, or 9 of
the Cannabis Control |
Act; those defined in the Methamphetamine Control and Community |
Protection Act; or those defined in Sections 401, 401.1, 404, |
405,
405.1, 407, or 407.1 of the Illinois Controlled Substances |
Act, unless the
applicant or employee obtains a waiver pursuant |
to Section 40.
|
(a-1) In the discretion of the Director of Public Health, |
as soon after January 1, 2004 or October 1, 2007, as |
applicable, and as is reasonably practical, no health care |
employer shall knowingly hire
any individual in a position with |
duties involving direct care for clients,
patients, or |
residents, and no long-term care facility shall knowingly hire |
any individual in a position with duties that involve or may |
involve
contact with residents or access to the living quarters |
or the financial, medical, or personal records of residents, |
who has (i) been convicted of committing or attempting
to |
commit one or more of the offenses defined in Section 12-3.3, |
12-4.2-5,
16-2, 16-30, 16G-15, 16G-20, 17-33, 17-34, 17-36, |
17-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, 24-3.2, or |
24-3.3, or subsection (b) of Section 17-32 , subsection (b) of |
Section 18-1, or subsection (b) of Section 20-1 ,
of the |
|
Criminal Code of 1961; Section 4, 5, 6, 8, or 17.02 of the |
Illinois
Credit Card and Debit Card Act; or Section 11-9.1A of |
the Criminal Code of 1961 or Section 5.1 of the Wrongs to |
Children Act;
or (ii) violated Section 50-50 of the Nurse |
Practice Act, unless the applicant or employee obtains a waiver |
pursuant to Section 40 of this Act.
|
A health care employer is not required to retain an |
individual in a position
with duties involving direct care for |
clients, patients, or residents, and no long-term care facility |
is required to retain an individual in a position with duties |
that involve or may involve
contact with residents or access to |
the living quarters or the financial, medical, or personal |
records of residents, who has
been convicted of committing or |
attempting to commit one or more of
the offenses enumerated in |
this subsection.
|
(b) A health care employer shall not hire, employ, or |
retain any
individual in a position with duties involving |
direct care of clients,
patients, or residents, and no |
long-term care facility shall knowingly hire, employ, or retain |
any individual in a position with duties that involve or may |
involve
contact with residents or access to the living quarters |
or the financial, medical, or personal records of residents, if |
the health care employer becomes aware that the
individual has |
been convicted in another state of committing or attempting to
|
commit an offense that has the same or similar elements as an |
offense listed in
subsection (a) or (a-1), as verified by court |
|
records, records from a state
agency, or an FBI criminal |
history record check, unless the applicant or employee obtains |
a waiver pursuant to Section 40 of this Act. This shall not be |
construed to
mean that a health care employer has an obligation |
to conduct a criminal
history records check in other states in |
which an employee has resided.
|
(Source: P.A. 96-710, eff. 1-1-10; 96-1551, Article 1, Section |
930, eff. 7-1-11; 96-1551, Article 2, Section 995, eff. 7-1-11; |
96-1551, Article 10, Section 10-40, eff. 7-1-11; 97-597, eff. |
1-1-12.)
|
Section 15-10. The Veterinary Medicine and Surgery |
Practice Act of 2004 is amended by changing Sections 25 and |
25.19 as follows:
|
(225 ILCS 115/25) (from Ch. 111, par. 7025)
|
(Section scheduled to be repealed on January 1, 2014)
|
Sec. 25. Disciplinary actions.
|
1. The Department may refuse to issue or renew, or may |
revoke,
suspend, place on probation, reprimand, or take other |
disciplinary
action as the Department may deem appropriate, |
including fines not to
exceed $1,000 for each violation, with |
regard to any
license or certificate for any one or combination |
of the following:
|
A. Material misstatement in furnishing information to |
the
Department.
|
|
B. Violations of this Act, or of the rules adopted |
pursuant to this Act.
|
C. Conviction of any crime under the laws of the United |
States or any
state or territory of the United States that |
is a felony or that is a
misdemeanor, an essential element |
of which is dishonesty, or of any crime that
is directly |
related to the practice of the profession.
|
D. Making any misrepresentation for the purpose of |
obtaining licensure or
certification, or violating any |
provision of this Act or the rules adopted pursuant to this |
Act pertaining to advertising.
|
E. Professional incompetence.
|
F. Gross malpractice.
|
G. Aiding or assisting another person in violating any |
provision of this
Act or rules.
|
H. Failing, within 60 days, to provide information in |
response to a
written request made by the Department.
|
I. Engaging in dishonorable, unethical, or |
unprofessional conduct of a
character likely to deceive, |
defraud, or harm the public.
|
J. Habitual or excessive use or addiction to alcohol, |
narcotics,
stimulants, or any other chemical agent or drug |
that results in the inability
to practice with reasonable |
judgment, skill, or safety.
|
K. Discipline by another state, District of Columbia, |
territory, or
foreign nation, if at least one of the |
|
grounds for the discipline is the same
or substantially |
equivalent to those set forth herein.
|
L. Directly or indirectly giving to or receiving from |
any person, firm,
corporation, partnership or association |
any fee, commission, rebate, or other
form of compensation |
for professional services not actually or personally
|
rendered.
|
M. A finding by the Board that the licensee or |
certificate holder,
after having his license or |
certificate placed on probationary status, has
violated |
the terms of probation.
|
N. Willfully making or filing false records or reports |
in his practice,
including but not limited to false records |
filed with State agencies or
departments.
|
O. Physical illness, including but not limited to, |
deterioration through
the aging process, or loss of motor |
skill which results in the inability
to practice the |
profession with reasonable judgment, skill, or safety.
|
P. Solicitation of professional services other than |
permitted
advertising.
|
Q. Having professional connection with or lending |
one's name, directly
or indirectly, to any illegal |
practitioner of veterinary medicine and surgery
and the |
various branches thereof.
|
R. Conviction of or cash compromise of a charge or |
violation of the
Harrison Act or the Illinois Controlled |
|
Substances Act, regulating narcotics.
|
S. Fraud or dishonesty in applying, treating, or |
reporting on
tuberculin or other biological tests.
|
T. Failing to report, as required by law, or making |
false report of any
contagious or infectious diseases.
|
U. Fraudulent use or misuse of any health certificate, |
shipping
certificate, brand inspection certificate, or |
other blank forms used in
practice that might lead to the |
dissemination of disease or the transportation
of diseased |
animals dead or alive; or dilatory methods, willful |
neglect, or
misrepresentation in the inspection of milk, |
meat, poultry, and the by-products
thereof.
|
V. Conviction on a charge of cruelty to animals.
|
W. Failure to keep one's premises and all equipment |
therein in a clean
and sanitary condition.
|
X. Failure to provide satisfactory proof of having |
participated in
approved continuing education programs.
|
Y. Failure to (i) file a return, (ii) pay the tax, |
penalty, or interest
shown in a filed return, or (iii) pay |
any final assessment of tax, penalty, or
interest, as |
required by any tax Act administered by the Illinois |
Department of
Revenue, until the requirements of that tax |
Act are satisfied.
|
Z. Conviction by any court of competent jurisdiction, |
either within or
outside this State, of any violation of |
any law governing the practice of
veterinary medicine, if |
|
the Department determines, after investigation, that
the |
person has not been sufficiently rehabilitated to warrant |
the public trust.
|
AA. Promotion of the sale of drugs, devices, |
appliances, or goods provided
for a patient in any manner |
to exploit the client for financial gain of the
|
veterinarian.
|
BB. Gross, willful, or continued overcharging for |
professional services,
including filing false statements |
for collection of fees for which services are
not rendered.
|
CC. Practicing under a false or, except as provided by |
law, an assumed
name.
|
DD. Fraud or misrepresentation in applying for, or |
procuring, a license
under this Act or in connection with |
applying for renewal of a license under
this Act.
|
EE. Cheating on or attempting to subvert the licensing |
examination
administered under this Act.
|
FF. Using, prescribing, or selling a prescription drug |
or the
extra-label use of a prescription drug by any means |
in the absence of a valid
veterinarian-client-patient |
relationship.
|
GG. Failing to report a case of suspected aggravated |
cruelty, torture,
or
animal fighting pursuant to Section |
3.07 or 4.01 of the Humane Care for
Animals Act or Section |
26-5 or 48-1 of the Criminal Code of 1961.
|
2. The determination by a circuit court that a licensee or |
|
certificate
holder is subject to involuntary admission or |
judicial admission as provided in
the Mental Health and |
Developmental Disabilities Code operates as an automatic
|
suspension. The suspension will end only upon a finding by a |
court that the
patient is no longer subject to involuntary |
admission or judicial admission and
issues an order so finding |
and discharging the patient; and upon the
recommendation of the |
Board to the Secretary that the licensee or certificate
holder |
be allowed to resume his practice.
|
3. All proceedings to suspend, revoke, place on |
probationary status, or
take any other disciplinary action as |
the Department may deem proper, with
regard to a license or |
certificate on any of the foregoing grounds, must be
commenced |
within 3 years after receipt by the Department of a complaint
|
alleging the commission of or notice of the conviction order |
for any of the
acts described in this Section. Except for |
proceedings brought for violations
of items (CC), (DD), or |
(EE), no action shall be commenced more than 5 years
after the |
date of the incident or act alleged to have violated this |
Section.
In the event of the settlement of any claim or cause |
of action in favor of the
claimant or the reduction to final |
judgment of any civil action in favor of the
plaintiff, the |
claim, cause of action, or civil action being grounded on the
|
allegation that a person licensed or certified under this Act |
was negligent in
providing care, the Department shall have an |
additional period of one year from
the date of the settlement |
|
or final judgment in which to investigate and begin
formal |
disciplinary proceedings under Section 25.2 of this Act, except |
as
otherwise provided by law. The time during which the holder |
of the license or
certificate was outside the State of Illinois |
shall not be included within any
period of time limiting the |
commencement of disciplinary action by the
Department.
|
4. The Department may refuse to issue or take disciplinary |
action
concerning
the license of any person who fails to file a |
return, to pay the tax, penalty,
or interest
shown in a filed |
return, or to pay any final assessment of tax, penalty, or
|
interest as
required by any tax Act administered by the |
Department of Revenue, until such
time as
the requirements of |
any such tax Act are satisfied as determined by the
Department |
of
Revenue.
|
5. In enforcing this Section, the Board, upon a showing of |
a possible
violation, may compel a licensee or applicant to |
submit to a mental or physical
examination, or both, as |
required by and at the expense of the Department. The
examining |
physicians or clinical psychologists shall be those |
specifically
designated by the Board. The Board or the |
Department may order (i) the
examining physician to present |
testimony concerning the mental or physical
examination of a |
licensee or applicant or (ii) the examining clinical
|
psychologist to present testimony concerning the mental |
examination of a
licensee or applicant. No information shall be |
excluded by reason of any common
law or statutory privilege |
|
relating to communications between a licensee or
applicant and |
the examining physician or clinical psychologist. An |
individual
to be examined may have, at his or her own expense, |
another physician or
clinical psychologist of his or her choice |
present during all aspects of the
examination. Failure of an |
individual to submit to a mental or physical
examination, when |
directed, is grounds for suspension of his or her license.
The |
license must remain suspended until the person submits to the |
examination
or the Board finds, after notice and hearing, that |
the refusal to submit to the
examination was with reasonable |
cause.
|
If the Board finds an individual unable to practice because |
of the reasons
set forth in this Section, the Board must |
require the individual to submit to
care, counseling, or |
treatment by a physician or clinical psychologist approved
by |
the Board, as a condition, term, or restriction for continued, |
reinstated,
or renewed licensure to practice. In lieu of care, |
counseling, or treatment,
the Board may recommend that the |
Department file a complaint to immediately
suspend or revoke |
the license of the individual or otherwise discipline the
|
licensee.
|
Any individual whose license was granted, continued, |
reinstated, or renewed
subject to conditions, terms, or |
restrictions, as provided for in this Section,
or any |
individual who was disciplined or placed on supervision |
pursuant to this
Section must be referred to the Secretary for |
|
a determination as to whether the
person shall have his or her |
license suspended immediately, pending a hearing
by the Board.
|
(Source: P.A. 96-1322, eff. 7-27-10.)
|
(225 ILCS 115/25.19)
|
(Section scheduled to be repealed on January 1, 2014)
|
Sec. 25.19. Mandatory reporting. Nothing in this Act |
exempts a
licensee from the mandatory reporting requirements |
regarding suspected acts of
aggravated cruelty, torture, and |
animal fighting imposed under Sections 3.07
and 4.01 of the |
Humane Care for Animals Act and Section 26-5 or 48-1 of the |
Criminal
Code of 1961.
|
(Source: P.A. 93-281, eff. 12-31-03.)
|
Section 15-15. The Humane Care for Animals Act is amended |
by changing Sections 3.03-1, 3.04, 3.05, 4.01, and 4.02 as |
follows:
|
(510 ILCS 70/3.03-1)
|
Sec. 3.03-1. Depiction of animal cruelty.
|
(a) "Depiction of animal cruelty" means any visual or |
auditory depiction,
including any photograph, motion-picture |
film, video recording, electronic
image, or
sound recording, |
that would constitute a violation of Section 3.01, 3.02,
3.03, |
or 4.01 of the Humane Care for Animals Act or Section 26-5 or |
48-1 of the
Criminal Code of 1961.
|
|
(b) No person may knowingly create, sell, market, offer to |
market or sell,
or possess a depiction of animal
cruelty. No |
person may place that depiction in commerce for commercial gain |
or
entertainment.
This
Section does not apply when the |
depiction has religious, political,
scientific,
educational, |
law enforcement or humane investigator training,
journalistic, |
artistic, or historical value; or involves rodeos, sanctioned
|
livestock
events, or normal husbandry practices.
|
The creation, sale, marketing, offering to sell or market, |
or possession of
the depiction of animal cruelty is
illegal
|
regardless of whether the maiming, mutilation, torture, |
wounding, abuse,
killing, or any
other conduct
took place in |
this State.
|
(c) Any person convicted of violating this Section is |
guilty of a Class A
misdemeanor. A second or subsequent |
violation is a Class 4 felony. In
addition to any other penalty |
provided by law, upon conviction for violating
this Section,
|
the court may order the convicted person to undergo a |
psychological or
psychiatric
evaluation and to undergo any |
treatment at the convicted person's expense that
the court
|
determines to be appropriate after due consideration of the |
evaluation. If the
convicted
person is a juvenile, the court |
shall order the convicted person to undergo a
psychological
or |
psychiatric evaluation and to undergo treatment that the court |
determines to
be
appropriate after due consideration of the |
evaluation.
|
|
(Source: P.A. 92-776, eff. 1-1-03.)
|
(510 ILCS 70/3.04)
|
Sec. 3.04. Arrests and seizures; penalties.
|
(a) Any law enforcement officer making an arrest for an |
offense involving
one or more companion animals under Section |
3.01, 3.02, or 3.03 of this Act
may lawfully take possession of |
some or all of the companion animals in the
possession of the |
person arrested. The officer, after taking possession of the
|
companion animals, must file with the court before whom the |
complaint is made
against any person so arrested an affidavit |
stating the name of the person
charged in the complaint, a |
description of the condition of the companion
animal or |
companion animals taken, and the time and place the companion |
animal
or companion animals were taken, together with the name |
of the person from
whom the companion animal or companion |
animals were taken and name of the
person who claims to own the |
companion animal or companion animals if different
from the |
person from whom the companion animal or companion animals were
|
seized. He or she must at the same time deliver an inventory of |
the companion
animal or companion animals taken to the court of |
competent jurisdiction. The
officer must place the companion |
animal or companion animals in the custody of
an animal control |
or animal shelter and the agency must retain custody of the
|
companion animal or companion animals subject to an order of |
the court
adjudicating the charges on the merits and before |
|
which the person complained
against is required to appear for |
trial. The State's Attorney may, within 14
days after the |
seizure, file a "petition for forfeiture prior to trial" before
|
the court having criminal jurisdiction over the alleged |
charges, asking for
permanent forfeiture of the companion |
animals seized. The petition shall be
filed with the court, |
with copies served on the impounding agency, the owner,
and |
anyone claiming an interest in the animals. In a "petition for |
forfeiture
prior to trial", the burden is on the prosecution to |
prove by a preponderance
of the evidence that the person |
arrested violated Section 3.01, 3.02, 3.03, or
4.01 of this Act |
or Section 26-5 or 48-1 of the Criminal Code of 1961.
|
(b) An owner whose companion animal or companion animals |
are removed by a
law enforcement officer under this Section |
must be given written notice of
the circumstances of the |
removal and of any legal remedies available to him
or her. The |
notice must be posted at the place of seizure, or delivered to
|
a person residing at the place of seizure or, if the address of |
the owner is
different from the address of the person from whom |
the companion animal or
companion animals were seized, |
delivered by registered mail to his or her last
known address.
|
(c) In addition to any other penalty provided by law, upon |
conviction for
violating Sections 3, 3.01, 3.02, or 3.03 the |
court may order the convicted
person to forfeit to an animal |
control or animal shelter
the animal
or animals that are the |
basis of the conviction. Upon an order of
forfeiture, the |
|
convicted person is deemed to have permanently
relinquished all |
rights to the animal or animals that are the basis of the
|
conviction. The forfeited animal or animals shall be adopted or |
humanely
euthanized. In no event may the convicted person or |
anyone residing in
his or her household be permitted to adopt |
the forfeited animal or animals.
The court, additionally, may |
order that the convicted person and persons
dwelling in the |
same household as the convicted person who conspired, aided, or
|
abetted in the
unlawful act that was the basis of the |
conviction, or who knew or should
have known of the unlawful |
act, may not own, harbor, or have custody or
control of any |
other animals for a period of time that the court deems
|
reasonable.
|
(Source: P.A. 95-560, eff. 8-30-07.)
|
(510 ILCS 70/3.05)
|
Sec. 3.05.
Security for companion animals and animals used |
for fighting
purposes.
|
(a) In the case of companion animals as defined in Section |
2.01a or animals
used for fighting purposes in violation of |
Section 4.01
of this Act or Section 26-5 or 48-1 of the |
Criminal Code of 1961, the animal
control or animal shelter |
having custody of the animal or animals may file a
petition |
with the court requesting that the person from whom the animal |
or
animals are seized, or the owner of the animal or animals, |
be ordered to post
security. The security must be in an amount |
|
sufficient to secure payment of
all reasonable expenses |
expected to be incurred by the animal control or animal
shelter |
in caring for and providing for the animal or animals pending |
the
disposition of the charges. Reasonable expenses include, |
but are not limited
to, estimated medical care and boarding of |
the animal or animals for 30 days.
The amount of the security |
shall be determined by the court after taking into
|
consideration all of the facts and circumstances of the case, |
including, but
not limited to, the recommendation of the |
impounding organization having
custody and care of the seized |
animal or animals and the cost of caring for
the animal or |
animals. If security has been posted in accordance with this
|
Section, the animal control or animal shelter may draw from the |
security the
actual costs incurred by the agency in caring for |
the seized animal or animals.
|
(b) Upon receipt of a petition, the court must set a |
hearing on the
petition, to be conducted within 5 business days |
after the petition is filed.
The petitioner must serve a true |
copy of the petition upon the defendant and
the State's |
Attorney for the county in which the animal or animals were |
seized.
The petitioner must also serve a true copy of the |
petition on any interested
person. For the purposes of this |
subsection, "interested person" means an
individual, |
partnership, firm, joint stock company, corporation, |
association,
trust, estate, or other legal entity that the |
court determines may have a
pecuniary interest in the animal or |
|
animals that are the subject of the
petition. The court must |
set a hearing date to determine any interested
parties. The |
court may waive for good cause shown the posting of security.
|
(c) If the court orders the posting of security, the |
security must be
posted with the clerk of the court within 5 |
business days after the hearing.
If the person ordered to post |
security does not do so, the animal or animals
are forfeited by |
operation of law and the animal control or animal shelter
|
having control of the animal or animals must dispose of the |
animal or animals
through adoption or must humanely euthanize |
the animal. In no event may the
defendant or any person |
residing in the defendant's household adopt the animal
or |
animals.
|
(d) The impounding organization may file a petition with |
the court upon the
expiration of the 30-day period requesting |
the posting of additional security.
The court may order the |
person from whom the animal or animals were seized, or
the |
owner of the animal or animals, to post additional security |
with the
clerk of the court to secure payment of reasonable |
expenses for an additional
period of time pending a |
determination by the court of the charges against the
person |
from whom the animal or animals were seized.
|
(e) In no event may the security prevent the impounding |
organization having
custody and care of the animal or animals |
from disposing of the animal or
animals before the expiration |
of the 30-day period covered by the security if
the court makes |
|
a final determination of the charges against the person from
|
whom the animal or animals were seized. Upon the adjudication |
of the charges,
the person who posted the security is entitled |
to a refund of the security, in
whole or in part, for any |
expenses not incurred by the impounding organization.
|
(f) Notwithstanding any other provision of this Section to |
the contrary,
the court may order a person charged with any |
violation of this Act to provide
necessary food, water, |
shelter, and care for any animal or animals that are the
basis |
of the charge without the removal of the animal or animals from |
their
existing location and until the charges against the |
person are adjudicated.
Until a final determination of the |
charges is made, any law enforcement
officer, animal control |
officer, Department investigator, or an approved humane
|
investigator may be authorized by an order of the court to make |
regular visits
to the place where the animal or animals are |
being kept to ascertain if the
animal or animals are receiving |
necessary food, water, shelter, and care.
Nothing in this |
Section prevents any law enforcement officer, Department
|
investigator, or approved humane investigator from applying |
for a warrant under
this Section to seize any animal or animals |
being held by the person charged
pending the adjudication of |
the charges if it is determined that the animal or
animals are |
not receiving the necessary food, water, shelter, or care.
|
(g) Nothing in this Act shall be construed to prevent the |
voluntary,
permanent relinquishment of any animal by its owner |
|
to an animal
control or animal shelter in lieu of posting |
security or proceeding to a
forfeiture hearing. Voluntary |
relinquishment shall have no effect on the
criminal charges |
that may be pursued by the appropriate authorities.
|
(h) If an owner of a companion animal is acquitted by the |
court of charges
made pursuant to this Act, the court shall |
further order that any security that
has been posted for the |
animal shall be returned to the owner by the impounding
|
organization.
|
(i) The provisions of this Section only pertain to |
companion animals and
animals used for fighting purposes.
|
(Source: P.A. 92-454, eff. 1-1-02; 92-650, eff. 7-11-02.)
|
(510 ILCS 70/4.01) (from Ch. 8, par. 704.01)
|
Sec. 4.01. Animals in entertainment. This Section does not |
apply when
the only animals involved are dogs. (Section 48-1 |
26-5 of the Criminal Code of
1961, rather than this Section, |
applies when the only animals involved are
dogs.)
|
(a) No person may own, capture, breed, train, or lease any |
animal which he
or she knows or should know is intended for use |
in any show, exhibition,
program, or other activity featuring |
or otherwise involving a fight between
such animal and any |
other animal or human, or the intentional killing of any
animal |
for the purpose of sport, wagering, or entertainment.
|
(b) No person shall promote, conduct, carry on, advertise, |
collect money for
or in any other manner assist or aid in the |
|
presentation for purposes of sport,
wagering, or |
entertainment, any show, exhibition, program, or other |
activity
involving a fight between 2 or more animals or any |
animal and human, or the
intentional killing of any animal.
|
(c) No person shall sell or offer for sale, ship, |
transport, or otherwise
move, or deliver or receive any animal |
which he or she knows or should know
has been captured, bred, |
or trained, or will be used, to fight another animal
or human |
or be intentionally killed, for the purpose of sport, wagering, |
or
entertainment.
|
(d) No person shall manufacture for sale, shipment, |
transportation
or delivery any device or equipment which that |
person knows or should know
is intended for use in any show, |
exhibition, program, or other activity
featuring or otherwise |
involving a fight between 2 or more animals, or any
human and |
animal, or the intentional killing of any animal for purposes |
of
sport, wagering or entertainment.
|
(e) No person shall own, possess, sell or offer for sale, |
ship,
transport, or otherwise move any equipment or device |
which such person
knows or should know is intended for use in |
connection with any show,
exhibition, program, or activity |
featuring or otherwise involving a fight
between 2 or more |
animals, or any animal and human, or the intentional
killing of |
any animal for purposes of sport, wagering or entertainment.
|
(f) No person shall make available any site, structure, or |
facility,
whether enclosed or not, which he or she knows or |
|
should know is intended
to be used for the purpose of |
conducting any show, exhibition, program, or
other activity |
involving a fight between 2 or more animals, or any animal and
|
human, or the intentional killing of any animal.
|
(g) No person shall knowingly attend or otherwise patronize |
any show, exhibition,
program, or other activity featuring or |
otherwise involving a fight between
2 or more animals, or any |
animal and human, or the intentional killing of
any animal for |
the purposes of sport, wagering or entertainment.
|
(h) (Blank).
|
(i) Any animals or equipment involved in a violation of |
this Section shall
be immediately seized and impounded under |
Section 12 by the Department when
located at any show, |
exhibition, program, or other activity featuring or
otherwise |
involving an animal fight for the purposes of sport, wagering, |
or
entertainment.
|
(j) Any vehicle or conveyance other than a common carrier |
that is used
in violation of this Section shall be seized, |
held, and offered for sale at
public auction by the sheriff's |
department of the proper jurisdiction, and
the proceeds from |
the sale shall be remitted to the general fund of the
county |
where the violation took place.
|
(k) Any veterinarian in this State who is presented with an |
animal for
treatment of injuries or wounds resulting from |
fighting where there is a
reasonable possibility that the |
animal was engaged in or utilized for a
fighting event for the |
|
purposes of sport, wagering, or entertainment shall
file a |
report with the Department and cooperate by furnishing the |
owners'
names, dates, and descriptions of the animal or animals |
involved. Any
veterinarian who in good faith complies with the |
requirements of this
subsection has immunity from any |
liability, civil, criminal, or otherwise,
that may result from |
his or her actions. For the purposes of any proceedings,
civil |
or criminal, the good faith of the veterinarian shall be |
rebuttably
presumed.
|
(l) No person shall solicit a minor to violate this |
Section.
|
(m) The penalties for violations of this Section shall be |
as follows:
|
(1) A person convicted of violating subsection (a), |
(b), or (c) of this
Section or any rule, regulation, or |
order of the Department pursuant thereto
is guilty of a |
Class 4 felony for the first offense. A second or
|
subsequent offense involving the violation of subsection |
(a), (b), or (c) of
this Section or any rule, regulation, |
or order of the Department pursuant
thereto is a Class 3 |
felony.
|
(2) A person convicted of violating subsection (d), |
(e), or (f) of this
Section or any rule, regulation, or |
order of the Department pursuant thereto
is guilty of a |
Class 4 felony for the first offense. A second or
|
subsequent violation is a Class 3 felony.
|
|
(3) A person convicted of violating subsection (g) of |
this Section or
any rule, regulation, or order of the |
Department pursuant thereto is guilty
of a Class 4 felony |
for the first offense. A second or
subsequent violation is |
a Class 3 felony.
|
(4) A person convicted of violating subsection (l) of |
this Section is
guilty of a Class 4 felony for the first |
offense. A second or
subsequent violation is a Class 3 |
felony.
|
(n) A person who commits a felony violation of this Section |
is subject to the property forfeiture provisions set forth in |
Article 124B of the Code of Criminal Procedure of 1963. |
(Source: P.A. 95-331, eff. 8-21-07; 95-560, eff. 8-30-07; |
96-226, eff. 8-11-09; 96-712, eff. 1-1-10; 96-1000, eff. |
7-2-10.)
|
(510 ILCS 70/4.02) (from Ch. 8, par. 704.02)
|
Sec. 4.02. Arrests; reports.
|
(a) Any law enforcement officer making an arrest for an |
offense involving
one or more animals under Section 4.01 of |
this Act or Section 48-1 26-5 of the
Criminal Code of 1961 |
shall lawfully take possession of all animals and all
|
paraphernalia, implements, or other property or things used or |
employed, or
about to be employed, in the violation of any of |
the provisions of Section
4.01 of this Act or Section 48-1 26-5 |
of the Criminal Code of 1961. When a
law enforcement officer |
|
has
taken possession of such animals, paraphernalia, |
implements or other property
or things, he or she shall file |
with the court before whom the complaint is
made against any |
person so arrested an affidavit stating therein the name of
the |
person charged in the complaint, a description of the property |
so taken
and the time and place of the taking thereof together |
with the name of the
person from whom the same was taken and |
name of the person who claims to own
such property, if |
different from the person from whom the animals
were seized and |
if known, and that the affiant has reason to believe and does
|
believe, stating the ground of the belief, that the animals and
|
property so taken were used or employed, or were about to be |
used or employed,
in a violation of Section 4.01 of this Act or |
Section 48-1 26-5 of the Criminal
Code of 1961. He or she shall |
thereupon deliver an inventory of the property
so taken to the |
court of competent jurisdiction. A law enforcement officer may
|
humanely euthanize animals that are severely injured.
|
An owner whose animals are removed for a violation of |
Section
4.01 of this Act or Section 48-1 26-5 of the Criminal |
Code of 1961 must be given
written notice of the circumstances |
of the removal and of any legal remedies
available to him or |
her. The notice must be posted at the place of seizure or
|
delivered to a person residing at the place of seizure or, if |
the address of
the owner is different from the address of the |
person from whom the animals were seized, delivered by |
registered mail to his or her last known
address.
|
|
The animal control or animal shelter having custody of the |
animals
may file a petition with the court requesting that the |
person from whom the
animals were seized or the owner of the |
animals be
ordered to post security pursuant to Section 3.05 of |
this Act.
|
Upon the conviction of the person so charged, all animals |
shall
be adopted or humanely euthanized and property so seized |
shall be adjudged by
the court to be forfeited. Any outstanding |
costs incurred by the impounding
facility in boarding and |
treating the animals pending the
disposition of the case and |
disposing of the animals upon a
conviction must be borne by the |
person convicted. In no event may the
animals be adopted by the |
defendant or anyone residing in his or
her household. If the |
court finds that the State either failed to prove the
criminal |
allegations or failed to prove that the animals were
used in |
fighting, the court must direct the delivery of the animals and |
the other property not previously forfeited to the owner of the
|
animals and property.
|
Any person authorized by this Section to care for an |
animal, to
treat an animal, or to attempt to restore an animal
|
to good health and who is acting in good faith is immune from |
any civil or
criminal liability that may result from his or her |
actions.
|
An animal control warden, animal control administrator, |
animal shelter
employee, or approved humane investigator may |
humanely euthanize severely
injured, diseased, or suffering |
|
animal in exigent circumstances.
|
(b) Any veterinarian in this State who is presented with an |
animal
for treatment of injuries or wounds resulting from |
fighting where there is
a reasonable possibility that the |
animal was engaged in or utilized for a
fighting event shall |
file a report with the Department and cooperate by
furnishing |
the owners' names, date of receipt of the animal or animals and
|
treatment administered, and descriptions of the animal or |
animals involved.
Any veterinarian who in good faith makes a |
report, as required by this
subsection (b), is immune from any |
liability, civil, criminal, or otherwise,
resulting from his or |
her actions. For the purposes of any proceedings, civil
or |
criminal, the good faith of any such veterinarian shall be |
presumed.
|
(Source: P.A. 92-425, eff. 1-1-02; 92-454, eff. 1-1-02; 92-650, |
eff.
7-11-02; 92-651, eff. 7-11-02.)
|
Section 15-17. The Illinois Vehicle Code is amended by |
changing Sections 6-106.1 and 6-508 as follows:
|
(625 ILCS 5/6-106.1)
|
Sec. 6-106.1. School bus driver permit.
|
(a) The Secretary of State shall issue a school bus driver
|
permit to those applicants who have met all the requirements of |
the
application and screening process under this Section to |
insure the
welfare and safety of children who are transported |
|
on school buses
throughout the State of Illinois. Applicants |
shall obtain the
proper application required by the Secretary |
of State from their
prospective or current employer and submit |
the completed
application to the prospective or current |
employer along
with the necessary fingerprint submission as |
required by the
Department of
State Police to conduct |
fingerprint based criminal background
checks on current and |
future information available in the state
system and current |
information available through the Federal Bureau
of |
Investigation's system. Applicants who have completed the
|
fingerprinting requirements shall not be subjected to the
|
fingerprinting process when applying for subsequent permits or
|
submitting proof of successful completion of the annual |
refresher
course. Individuals who on the effective date of this |
Act possess a valid
school bus driver permit that has been |
previously issued by the appropriate
Regional School |
Superintendent are not subject to the fingerprinting
|
provisions of this Section as long as the permit remains valid |
and does not
lapse. The applicant shall be required to pay all |
related
application and fingerprinting fees as established by |
rule
including, but not limited to, the amounts established by |
the Department of
State Police and the Federal Bureau of |
Investigation to process
fingerprint based criminal background |
investigations. All fees paid for
fingerprint processing |
services under this Section shall be deposited into the
State |
Police Services Fund for the cost incurred in processing the |
|
fingerprint
based criminal background investigations. All |
other fees paid under this
Section shall be deposited into the |
Road
Fund for the purpose of defraying the costs of the |
Secretary of State in
administering this Section. All |
applicants must:
|
1. be 21 years of age or older;
|
2. possess a valid and properly classified driver's |
license
issued by the Secretary of State;
|
3. possess a valid driver's license, which has not been
|
revoked, suspended, or canceled for 3 years immediately |
prior to
the date of application, or have not had his or |
her commercial motor vehicle
driving privileges
|
disqualified within the 3 years immediately prior to the |
date of application;
|
4. successfully pass a written test, administered by |
the
Secretary of State, on school bus operation, school bus |
safety, and
special traffic laws relating to school buses |
and submit to a review
of the applicant's driving habits by |
the Secretary of State at the time the
written test is |
given;
|
5. demonstrate ability to exercise reasonable care in |
the operation of
school buses in accordance with rules |
promulgated by the Secretary of State;
|
6. demonstrate physical fitness to operate school |
buses by
submitting the results of a medical examination, |
including tests for drug
use for each applicant not subject |
|
to such testing pursuant to
federal law, conducted by a |
licensed physician, an advanced practice nurse
who has a |
written collaborative agreement with
a collaborating |
physician which authorizes him or her to perform medical
|
examinations, or a physician assistant who has been |
delegated the
performance of medical examinations by his or |
her supervising physician
within 90 days of the date
of |
application according to standards promulgated by the |
Secretary of State;
|
7. affirm under penalties of perjury that he or she has |
not made a
false statement or knowingly concealed a |
material fact
in any application for permit;
|
8. have completed an initial classroom course, |
including first aid
procedures, in school bus driver safety |
as promulgated by the Secretary of
State; and after |
satisfactory completion of said initial course an annual
|
refresher course; such courses and the agency or |
organization conducting such
courses shall be approved by |
the Secretary of State; failure to
complete the annual |
refresher course, shall result in
cancellation of the |
permit until such course is completed;
|
9. not have been under an order of court supervision |
for or convicted of 2 or more serious traffic offenses, as
|
defined by rule, within one year prior to the date of |
application that may
endanger the life or safety of any of |
the driver's passengers within the
duration of the permit |
|
period;
|
10. not have been under an order of court supervision |
for or convicted of reckless driving, aggravated reckless |
driving, driving while under the influence of alcohol, |
other drug or drugs, intoxicating compound or compounds or |
any combination thereof, or reckless homicide resulting |
from the operation of a motor
vehicle within 3 years of the |
date of application;
|
11. not have been convicted of committing or attempting
|
to commit any
one or more of the following offenses: (i) |
those offenses defined in
Sections 8-1.2, 9-1, 9-1.2, 9-2, |
9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, |
10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40, |
11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, |
11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, |
11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, |
11-19.1,
11-19.2,
11-20, 11-20.1, 11-20.1B, 11-20.3, |
11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6, |
12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
|
12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.01, 12-6, 12-6.2, |
12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, |
12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, |
16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, 18-5,
19-6, 20-1, |
20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, |
24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 31A-1, |
31A-1.1,
33A-2, and 33D-1, and in subsection (b) of Section |
|
8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1), |
(e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and |
in subsection (a) and subsection (b), clause (1), of |
Section
12-4, and in subsection (A), clauses (a) and (b), |
of Section 24-3, and those offenses contained in Article |
29D of the Criminal Code of 1961; (ii) those offenses |
defined in the
Cannabis Control Act except those offenses |
defined in subsections (a) and
(b) of Section 4, and |
subsection (a) of Section 5 of the Cannabis Control
Act; |
(iii) those offenses defined in the Illinois Controlled |
Substances
Act; (iv) those offenses defined in the |
Methamphetamine Control and Community Protection Act; (v) |
any offense committed or attempted in any other state or |
against
the laws of the United States, which if committed |
or attempted in this
State would be punishable as one or |
more of the foregoing offenses; (vi)
the offenses defined |
in Section 4.1 and 5.1 of the Wrongs to Children Act or |
Section 11-9.1A of the Criminal Code of 1961; (vii) those |
offenses defined in Section 6-16 of the Liquor Control Act |
of
1934;
and (viii) those offenses defined in the |
Methamphetamine Precursor Control Act;
|
12. not have been repeatedly involved as a driver in |
motor vehicle
collisions or been repeatedly convicted of |
offenses against
laws and ordinances regulating the |
movement of traffic, to a degree which
indicates lack of |
ability to exercise ordinary and reasonable care in the
|
|
safe operation of a motor vehicle or disrespect for the |
traffic laws and
the safety of other persons upon the |
highway;
|
13. not have, through the unlawful operation of a motor
|
vehicle, caused an accident resulting in the death of any |
person;
|
14. not have, within the last 5 years, been adjudged to |
be
afflicted with or suffering from any mental disability |
or disease; and
|
15. consent, in writing, to the release of results of |
reasonable suspicion drug and alcohol testing under |
Section 6-106.1c of this Code by the employer of the |
applicant to the Secretary of State. |
(b) A school bus driver permit shall be valid for a period |
specified by
the Secretary of State as set forth by rule. It |
shall be renewable upon compliance with subsection (a) of this
|
Section.
|
(c) A school bus driver permit shall contain the holder's |
driver's
license number, legal name, residence address, zip |
code, and date
of birth, a brief description of the holder and |
a space for signature. The
Secretary of State may require a |
suitable photograph of the holder.
|
(d) The employer shall be responsible for conducting a |
pre-employment
interview with prospective school bus driver |
candidates, distributing school
bus driver applications and |
medical forms to be completed by the applicant, and
submitting |
|
the applicant's fingerprint cards to the Department of State |
Police
that are required for the criminal background |
investigations. The employer
shall certify in writing to the |
Secretary of State that all pre-employment
conditions have been |
successfully completed including the successful completion
of |
an Illinois specific criminal background investigation through |
the
Department of State Police and the submission of necessary
|
fingerprints to the Federal Bureau of Investigation for |
criminal
history information available through the Federal |
Bureau of
Investigation system. The applicant shall present the
|
certification to the Secretary of State at the time of |
submitting
the school bus driver permit application.
|
(e) Permits shall initially be provisional upon receiving
|
certification from the employer that all pre-employment |
conditions
have been successfully completed, and upon |
successful completion of
all training and examination |
requirements for the classification of
the vehicle to be |
operated, the Secretary of State shall
provisionally issue a |
School Bus Driver Permit. The permit shall
remain in a |
provisional status pending the completion of the
Federal Bureau |
of Investigation's criminal background investigation based
|
upon fingerprinting specimens submitted to the Federal Bureau |
of
Investigation by the Department of State Police. The Federal |
Bureau of
Investigation shall report the findings directly to |
the Secretary
of State. The Secretary of State shall remove the |
bus driver
permit from provisional status upon the applicant's |
|
successful
completion of the Federal Bureau of Investigation's |
criminal
background investigation.
|
(f) A school bus driver permit holder shall notify the
|
employer and the Secretary of State if he or she is issued an |
order of court supervision for or convicted in
another state of |
an offense that would make him or her ineligible
for a permit |
under subsection (a) of this Section. The
written notification |
shall be made within 5 days of the entry of
the order of court |
supervision or conviction. Failure of the permit holder to |
provide the
notification is punishable as a petty
offense for a |
first violation and a Class B misdemeanor for a
second or |
subsequent violation.
|
(g) Cancellation; suspension; notice and procedure.
|
(1) The Secretary of State shall cancel a school bus
|
driver permit of an applicant whose criminal background |
investigation
discloses that he or she is not in compliance |
with the provisions of subsection
(a) of this Section.
|
(2) The Secretary of State shall cancel a school
bus |
driver permit when he or she receives notice that the |
permit holder fails
to comply with any provision of this |
Section or any rule promulgated for the
administration of |
this Section.
|
(3) The Secretary of State shall cancel a school bus
|
driver permit if the permit holder's restricted commercial |
or
commercial driving privileges are withdrawn or |
otherwise
invalidated.
|
|
(4) The Secretary of State may not issue a school bus
|
driver permit for a period of 3 years to an applicant who |
fails to
obtain a negative result on a drug test as |
required in item 6 of
subsection (a) of this Section or |
under federal law.
|
(5) The Secretary of State shall forthwith suspend
a |
school bus driver permit for a period of 3 years upon |
receiving
notice that the holder has failed to obtain a |
negative result on a
drug test as required in item 6 of |
subsection (a) of this Section
or under federal law.
|
(6) The Secretary of State shall suspend a school bus |
driver permit for a period of 3 years upon receiving notice |
from the employer that the holder failed to perform the |
inspection procedure set forth in subsection (a) or (b) of |
Section 12-816 of this Code. |
(7) The Secretary of State shall suspend a school bus |
driver permit for a period of 3 years upon receiving notice |
from the employer that the holder refused to submit to an |
alcohol or drug test as required by Section 6-106.1c or has |
submitted to a test required by that Section which |
disclosed an alcohol concentration of more than 0.00 or |
disclosed a positive result on a National Institute on Drug |
Abuse five-drug panel, utilizing federal standards set |
forth in 49 CFR 40.87. |
The Secretary of State shall notify the State |
Superintendent
of Education and the permit holder's |
|
prospective or current
employer that the applicant has (1) has |
failed a criminal
background investigation or (2) is no
longer |
eligible for a school bus driver permit; and of the related
|
cancellation of the applicant's provisional school bus driver |
permit. The
cancellation shall remain in effect pending the |
outcome of a
hearing pursuant to Section 2-118 of this Code. |
The scope of the
hearing shall be limited to the issuance |
criteria contained in
subsection (a) of this Section. A |
petition requesting a
hearing shall be submitted to the |
Secretary of State and shall
contain the reason the individual |
feels he or she is entitled to a
school bus driver permit. The |
permit holder's
employer shall notify in writing to the |
Secretary of State
that the employer has certified the removal |
of the offending school
bus driver from service prior to the |
start of that school bus
driver's next workshift. An employing |
school board that fails to
remove the offending school bus |
driver from service is
subject to the penalties defined in |
Section 3-14.23 of the School Code. A
school bus
contractor who |
violates a provision of this Section is
subject to the |
penalties defined in Section 6-106.11.
|
All valid school bus driver permits issued under this |
Section
prior to January 1, 1995, shall remain effective until |
their
expiration date unless otherwise invalidated.
|
(h) When a school bus driver permit holder who is a service |
member is called to active duty, the employer of the permit |
holder shall notify the Secretary of State, within 30 days of |
|
notification from the permit holder, that the permit holder has |
been called to active duty. Upon notification pursuant to this |
subsection, (i) the Secretary of State shall characterize the |
permit as inactive until a permit holder renews the permit as |
provided in subsection (i) of this Section, and (ii) if a |
permit holder fails to comply with the requirements of this |
Section while called to active duty, the Secretary of State |
shall not characterize the permit as invalid. |
(i) A school bus driver permit holder who is a service |
member returning from active duty must, within 90 days, renew a |
permit characterized as inactive pursuant to subsection (h) of |
this Section by complying with the renewal requirements of |
subsection (b) of this Section. |
(j) For purposes of subsections (h) and (i) of this |
Section: |
"Active duty" means active duty pursuant to an executive |
order of the President of the United States, an act of the |
Congress of the United States, or an order of the Governor. |
"Service member" means a member of the Armed Services or |
reserve forces of the United States or a member of the Illinois |
National Guard. |
(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09; |
96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff. |
7-22-10; 96-1551, Article 1, Section 950, eff. 7-1-11; 96-1551, |
Article 2, Section 1025, eff. 7-1-11; 97-224, eff. 7-28-11; |
97-229, eff. 7-28-11; 97-333, eff. 8-12-11; 97-466, eff. |
|
1-1-12; revised 9-15-11.)
|
(625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
|
Sec. 6-508. Commercial Driver's License (CDL) - |
qualification standards.
|
(a) Testing.
|
(1) General. No person shall be issued an original or |
renewal CDL
unless that person is
domiciled in this State. |
The Secretary shall cause to be administered such
tests as |
the Secretary deems necessary to meet the requirements of |
49
C.F.R. Part 383, subparts F, G, H, and J.
|
(2) Third party testing. The Secretary of state may |
authorize a
"third party tester", pursuant to 49 C.F.R. |
Part 383.75, to administer the
skills test or tests |
specified by Federal Motor Carrier Safety
Administration |
pursuant to the
Commercial Motor Vehicle Safety Act of 1986 |
and any appropriate federal rule.
|
(b) Waiver of Skills Test. The Secretary of State may waive |
the skills
test specified in this Section for a driver |
applicant for a commercial driver license
who meets the |
requirements of 49 C.F.R. Part 383.77 and Part 383.123.
|
(b-1) No person shall be issued a commercial driver |
instruction permit or CDL unless the person certifies to the |
Secretary one of the following types of driving operations in |
which he or she will be engaged: |
(1) non-excepted interstate; |
|
(2) non-excepted intrastate; |
(3) excepted interstate; or |
(4) excepted intrastate. |
(b-2) Persons who hold a commercial driver instruction |
permit or CDL on January 30, 2012 must certify to the Secretary |
no later than January 30, 2014 one of the following applicable |
self-certifications: |
(1) non-excepted interstate; |
(2) non-excepted intrastate; |
(3) excepted interstate; or |
(4) excepted intrastate. |
(c) Limitations on issuance of a CDL. A CDL, or a |
commercial driver
instruction permit, shall not be issued to a |
person while the person is
subject to a disqualification from |
driving a commercial motor vehicle, or
unless otherwise |
permitted by this Code, while the person's driver's
license is |
suspended, revoked or cancelled in
any state, or any territory |
or province of Canada; nor may a CDL be issued
to a person who |
has a CDL issued by any other state, or foreign
jurisdiction, |
unless the person first surrenders all such
licenses. No CDL |
shall be issued to or renewed for a person who does not
meet |
the requirement of 49 CFR 391.41(b)(11). The requirement may be |
met with
the aid of a hearing aid.
|
(c-1) The Secretary may issue a CDL with a school bus |
driver endorsement
to allow a person to drive the type of bus |
described in subsection (d-5) of
Section 6-104 of this Code. |
|
The CDL with a school bus driver endorsement may be
issued only |
to a person meeting the following requirements:
|
(1) the person has submitted his or her fingerprints to |
the
Department of State Police in the form and manner
|
prescribed by the Department of State Police. These
|
fingerprints shall be checked against the fingerprint |
records
now and hereafter filed in the Department of State |
Police and
Federal Bureau of Investigation criminal |
history records databases;
|
(2) the person has passed a written test, administered |
by the Secretary of
State, on charter bus operation, |
charter bus safety, and certain special
traffic laws
|
relating to school buses determined by the Secretary of |
State to be relevant to
charter buses, and submitted to a |
review of the driver applicant's driving
habits by the |
Secretary of State at the time the written test is given;
|
(3) the person has demonstrated physical fitness to |
operate school buses
by
submitting the results of a medical |
examination, including tests for drug
use; and
|
(4) the person has not been convicted of committing or |
attempting
to commit any
one or more of the following |
offenses: (i) those offenses defined in
Sections 8-1.2, |
9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, |
10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, |
11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
|
11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, |
|
11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, |
11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, |
11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, |
11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, |
12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9, |
12-5.01,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, |
12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, |
12-21.5, 12-21.6, 12-33, 16-16, 16-16.1,
18-1,
18-2,
18-3, |
18-4, 18-5,
19-6, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, |
24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, |
24-3.5, 31A-1, 31A-1.1,
33A-2, and 33D-1, and in subsection |
(b) of Section 8-1, and in subdivisions (a)(1), (a)(2), |
(b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of |
Section 12-3.05, and in subsection (a) and subsection (b), |
clause (1), of Section
12-4, and in subsection (A), clauses |
(a) and (b), of Section 24-3, and those offenses contained |
in Article 29D of the Criminal Code of 1961; (ii) those |
offenses defined in the
Cannabis Control Act except those |
offenses defined in subsections (a) and
(b) of Section 4, |
and subsection (a) of Section 5 of the Cannabis Control
|
Act; (iii) those offenses defined in the Illinois |
Controlled Substances
Act; (iv) those offenses defined in |
the Methamphetamine Control and Community Protection Act; |
(v) any offense committed or attempted in any other state |
or against
the laws of the United States, which if |
committed or attempted in this
State would be punishable as |
|
one or more of the foregoing offenses; (vi)
the offenses |
defined in Sections 4.1 and 5.1 of the Wrongs to Children |
Act or Section 11-9.1A of the Criminal Code of 1961; (vii) |
those offenses defined in Section 6-16 of the Liquor |
Control Act of
1934; and (viii) those offenses defined in |
the Methamphetamine Precursor Control Act.
|
The Department of State Police shall charge
a fee for |
conducting the criminal history records check, which shall be
|
deposited into the State Police Services Fund and may not |
exceed the actual
cost of the records check.
|
(c-2) The Secretary shall issue a CDL with a school bus |
endorsement to allow a person to drive a school bus as defined |
in this Section. The CDL shall be issued according to the |
requirements outlined in 49 C.F.R. 383. A person may not |
operate a school bus as defined in this Section without a |
school bus endorsement. The Secretary of State may adopt rules |
consistent with Federal guidelines to implement this |
subsection (c-2).
|
(d) Commercial driver instruction permit. A commercial |
driver
instruction permit may be issued to any person holding a |
valid Illinois
driver's license if such person successfully |
passes such tests as the
Secretary determines to be necessary.
|
A commercial driver instruction permit shall not be issued to a |
person who
does not meet
the requirements of 49 CFR 391.41 |
(b)(11), except for the renewal of a
commercial driver
|
instruction permit for a person who possesses a commercial |
|
instruction permit
prior to the
effective date of this |
amendatory Act of 1999.
|
(Source: P.A. 95-331, eff. 8-21-07; 95-382, eff. 8-23-07; |
96-1182, eff. 7-22-10; 96-1551, Article 1, Section 95, eff. |
7-1-11; 96-1551, Article 2, Section 1025, eff. 7-1-11; 97-208, |
eff. 1-1-12; revised 9-26-11.)
|
Section 15-20. The Clerks of Courts Act is amended by |
changing Sections 27.3a, 27.5 and 27.6 as follows:
|
(705 ILCS 105/27.3a)
|
(Text of Section before amendment by P.A. 97-46 ) |
Sec. 27.3a. Fees for automated record keeping and State |
Police operations.
|
1. The expense of establishing and maintaining automated |
record
keeping systems in the offices of the clerks of the |
circuit court shall
be borne by the county. To defray such |
expense in any county having
established such an automated |
system or which elects to establish such a
system, the county |
board may require the clerk of the circuit court in
their |
county to charge and collect a court automation fee of not less |
than
$1 nor more than $15 to be charged and collected by the |
clerk of the court.
Such fee shall be paid at the time of |
filing the first pleading, paper or
other appearance filed by |
each party in all civil cases or by the defendant
in any |
felony, traffic, misdemeanor, municipal ordinance, or |
|
conservation
case upon a judgment of guilty or grant of |
supervision, provided that
the record keeping system which |
processes the case
category for which the fee is charged is |
automated or has been approved for
automation by the county |
board, and provided further that no additional fee
shall be |
required if more than one party is presented in a single |
pleading,
paper or other appearance. Such fee shall be |
collected in the manner in
which all other fees or costs are |
collected.
|
1.5. Starting on the effective date of this amendatory Act |
of the 96th General Assembly, a clerk of the circuit court in |
any county that imposes a fee pursuant to subsection 1 of this |
Section, shall charge and collect an additional fee in an |
amount equal to the amount of the fee imposed pursuant to |
subsection 1 of this Section. This additional fee shall be paid |
by the defendant in any felony, traffic, misdemeanor, local |
ordinance, or conservation case upon a judgment of guilty or |
grant of supervision. |
2. With respect to the fee imposed under subsection 1 of |
this Section, each clerk shall commence such charges and |
collections upon receipt
of written notice from the chairman of |
the county board together with a
certified copy of the board's |
resolution, which the clerk shall file of
record in his office.
|
3. With respect to the fee imposed under subsection 1 of |
this Section, such fees shall be in addition to all other fees |
and charges of such
clerks, and assessable as costs, and may be |
|
waived only if the judge
specifically provides for the waiver |
of the court automation fee. The
fees shall be remitted monthly |
by such clerk to the county treasurer, to be
retained by him in |
a special fund designated as the court automation fund.
The |
fund shall be audited by the county auditor, and the board |
shall make
expenditure from the fund in payment of any cost |
related to the automation
of court records, including hardware, |
software, research and development
costs and personnel related |
thereto, provided that the expenditure is
approved by the clerk |
of the court and by the chief judge of the circuit
court or his |
designate.
|
4. With respect to the fee imposed under subsection 1 of |
this Section, such fees shall not be charged in any matter |
coming to any such clerk
on change of venue, nor in any |
proceeding to review the decision of any
administrative |
officer, agency or body.
|
5. With respect to the additional fee imposed under |
subsection 1.5 of this Section, the fee shall be remitted by |
the circuit clerk to the State Treasurer within one month after |
receipt for deposit into the State Police Operations Assistance |
Fund. |
6. With respect to the additional fees imposed under |
subsection 1.5 of this Section, the Director of State Police |
may direct the use of these fees for homeland security purposes |
by transferring these fees on a quarterly basis from the State |
Police Operations Assistance Fund into the Illinois Law |
|
Enforcement Alarm Systems (ILEAS) Fund for homeland security |
initiatives programs. The transferred fees shall be allocated, |
subject to the approval of the ILEAS Executive Board, as |
follows: (i) 66.6% shall be used for homeland security |
initiatives and (ii) 33.3% shall be used for airborne |
operations. The ILEAS Executive Board shall annually supply the |
Director of State Police with a report of the use of these |
fees. |
(Source: P.A. 96-1029, eff. 7-13-10; 97-453, eff. 8-19-11.)
|
(Text of Section after amendment by P.A. 97-46 )
|
Sec. 27.3a. Fees for automated record keeping and State and |
Conservation Police operations.
|
1. The expense of establishing and maintaining automated |
record
keeping systems in the offices of the clerks of the |
circuit court shall
be borne by the county. To defray such |
expense in any county having
established such an automated |
system or which elects to establish such a
system, the county |
board may require the clerk of the circuit court in
their |
county to charge and collect a court automation fee of not less |
than
$1 nor more than $15 to be charged and collected by the |
clerk of the court.
Such fee shall be paid at the time of |
filing the first pleading, paper or
other appearance filed by |
each party in all civil cases or by the defendant
in any |
felony, traffic, misdemeanor, municipal ordinance, or |
conservation
case upon a judgment of guilty or grant of |
|
supervision, provided that
the record keeping system which |
processes the case
category for which the fee is charged is |
automated or has been approved for
automation by the county |
board, and provided further that no additional fee
shall be |
required if more than one party is presented in a single |
pleading,
paper or other appearance. Such fee shall be |
collected in the manner in
which all other fees or costs are |
collected.
|
1.5. Starting on the effective date of this amendatory Act |
of the 96th General Assembly, a clerk of the circuit court in |
any county that imposes a fee pursuant to subsection 1 of this |
Section, shall charge and collect an additional fee in an |
amount equal to the amount of the fee imposed pursuant to |
subsection 1 of this Section. This additional fee shall be paid |
by the defendant in any felony, traffic, misdemeanor, or local |
ordinance case upon a judgment of guilty or grant of |
supervision. This fee shall not be paid by the defendant for |
any conservation violation listed in subsection 1.6 of this |
Section. |
1.6. Starting on July 1, 2012 ( the effective date of Public |
Act 97-46) this amendatory Act of the 97th General Assembly , a |
clerk of the circuit court in any county that imposes a fee |
pursuant to subsection 1 of this Section shall charge and |
collect an additional fee in an amount equal to the amount of |
the fee imposed pursuant to subsection 1 of this Section. This |
additional fee shall be paid by the defendant upon a judgment |
|
of guilty or grant of supervision for a conservation violation |
under the State Parks Act, the Recreational Trails of Illinois |
Act, the Illinois Explosives Act, the Timber Buyers Licensing |
Act, the Forest Products Transportation Act, the Firearm Owners |
Identification Card Act, the Environmental Protection Act, the |
Fish and Aquatic Life Code, the Wildlife Code, the Cave |
Protection Act, the Illinois Exotic Weed Act, the Illinois |
Forestry Development Act, the Ginseng Harvesting Act, the |
Illinois Lake Management Program Act, the Illinois Natural |
Areas Preservation Act, the Illinois Open Land Trust Act, the |
Open Space Lands Acquisition and Development Act, the Illinois |
Prescribed Burning Act, the State Forest Act, the Water Use Act |
of 1983, the Illinois Youth and Young Adult Employment Act of |
1986, the Snowmobile Registration and Safety Act, the Boat |
Registration and Safety Act, the Illinois Dangerous Animals |
Act, the Hunter and Fishermen Interference Prohibition Act, the |
Wrongful Tree Cutting Act, or Section 11-1426.1, 11-1426.2, |
11-1427, 11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or |
11-1427.5 of the Illinois Vehicle Code , or Section 48-3 or |
48-10 of the Criminal Code of 1961 . |
2. With respect to the fee imposed under subsection 1 of |
this Section, each clerk shall commence such charges and |
collections upon receipt
of written notice from the chairman of |
the county board together with a
certified copy of the board's |
resolution, which the clerk shall file of
record in his office.
|
3. With respect to the fee imposed under subsection 1 of |
|
this Section, such fees shall be in addition to all other fees |
and charges of such
clerks, and assessable as costs, and may be |
waived only if the judge
specifically provides for the waiver |
of the court automation fee. The
fees shall be remitted monthly |
by such clerk to the county treasurer, to be
retained by him in |
a special fund designated as the court automation fund.
The |
fund shall be audited by the county auditor, and the board |
shall make
expenditure from the fund in payment of any cost |
related to the automation
of court records, including hardware, |
software, research and development
costs and personnel related |
thereto, provided that the expenditure is
approved by the clerk |
of the court and by the chief judge of the circuit
court or his |
designate.
|
4. With respect to the fee imposed under subsection 1 of |
this Section, such fees shall not be charged in any matter |
coming to any such clerk
on change of venue, nor in any |
proceeding to review the decision of any
administrative |
officer, agency or body.
|
5. With respect to the additional fee imposed under |
subsection 1.5 of this Section, the fee shall be remitted by |
the circuit clerk to the State Treasurer within one month after |
receipt for deposit into the State Police Operations Assistance |
Fund. |
6. With respect to the additional fees imposed under |
subsection 1.5 of this Section, the Director of State Police |
may direct the use of these fees for homeland security purposes |
|
by transferring these fees on a quarterly basis from the State |
Police Operations Assistance Fund into the Illinois Law |
Enforcement Alarm Systems (ILEAS) Fund for homeland security |
initiatives programs. The transferred fees shall be allocated, |
subject to the approval of the ILEAS Executive Board, as |
follows: (i) 66.6% shall be used for homeland security |
initiatives and (ii) 33.3% shall be used for airborne |
operations. The ILEAS Executive Board shall annually supply the |
Director of State Police with a report of the use of these |
fees. |
7. 6. With respect to the additional fee imposed under |
subsection 1.6 of this Section, the fee shall be remitted by |
the circuit clerk to the State Treasurer within one month after |
receipt for deposit into the Conservation Police Operations |
Assistance Fund. |
(Source: P.A. 96-1029, eff. 7-13-10; 97-46, eff. 7-1-12; |
97-453, eff. 8-19-11; revised 10-4-11.)
|
(705 ILCS 105/27.5) (from Ch. 25, par. 27.5)
|
Sec. 27.5. (a) All fees, fines, costs, additional |
penalties, bail balances
assessed or forfeited, and any other |
amount paid by a person to the circuit
clerk that equals an |
amount less than $55, except restitution under Section
5-5-6 of |
the Unified Code of Corrections, reimbursement for the costs of |
an
emergency response as provided under Section 11-501 of the |
Illinois Vehicle
Code, any fees collected for attending a |
|
traffic safety program under
paragraph (c) of Supreme Court |
Rule 529, any fee collected on behalf of a
State's Attorney |
under Section 4-2002 of the Counties Code or a sheriff under
|
Section 4-5001 of the Counties Code, or any cost imposed under |
Section 124A-5
of the Code of Criminal Procedure of 1963, for |
convictions, orders of
supervision, or any other disposition |
for a violation of Chapters 3, 4, 6,
11, and 12 of the Illinois |
Vehicle Code, or a similar provision of a local
ordinance, and |
any violation of the Child Passenger Protection Act, or a
|
similar provision of a local ordinance, and except as otherwise |
provided in this Section, shall be disbursed within 60 days |
after receipt by the circuit
clerk as follows: 47% shall be |
disbursed to the entity authorized by law to
receive the fine |
imposed in the case; 12% shall be disbursed to the State
|
Treasurer; and 41% shall be disbursed to the county's general |
corporate fund.
Of the 12% disbursed to the State Treasurer, |
1/6 shall be deposited by the
State Treasurer into the Violent |
Crime Victims Assistance Fund, 1/2 shall be
deposited into the |
Traffic and Criminal Conviction Surcharge Fund, and 1/3
shall |
be deposited into the Drivers Education Fund. For fiscal years |
1992 and
1993, amounts deposited into the Violent Crime Victims |
Assistance Fund, the
Traffic and Criminal Conviction Surcharge |
Fund, or the Drivers Education Fund
shall not exceed 110% of |
the amounts deposited into those funds in fiscal year
1991. Any |
amount that exceeds the 110% limit shall be distributed as |
follows:
50% shall be disbursed to the county's general |
|
corporate fund and 50% shall be
disbursed to the entity |
authorized by law to receive the fine imposed in the
case. Not |
later than March 1 of each year the circuit clerk
shall submit |
a report of the amount of funds remitted to the State
Treasurer |
under this Section during the preceding year based upon
|
independent verification of fines and fees. All counties shall |
be subject
to this Section, except that counties with a |
population under 2,000,000
may, by ordinance, elect not to be |
subject to this Section. For offenses
subject to this Section, |
judges shall impose one total sum of money payable
for |
violations. The circuit clerk may add on no additional amounts |
except
for amounts that are required by Sections 27.3a and |
27.3c of
this Act, Section 16-104c of the Illinois Vehicle |
Code, and subsection (a) of Section 5-1101 of the Counties |
Code, unless those amounts are specifically waived by the |
judge. With
respect to money collected by the circuit clerk as |
a result of
forfeiture of bail, ex parte judgment or guilty |
plea pursuant to Supreme
Court Rule 529, the circuit clerk |
shall first deduct and pay amounts
required by Sections 27.3a |
and 27.3c of this Act. Unless a court ordered payment schedule |
is implemented or fee requirements are waived pursuant to a |
court order, the circuit clerk may add to any unpaid fees and |
costs a delinquency amount equal to 5% of the unpaid fees that |
remain unpaid after 30 days, 10% of the unpaid fees that remain |
unpaid after 60 days, and 15% of the unpaid fees that remain |
unpaid after 90 days. Notice to those parties may be made by |
|
signage posting or publication. The additional delinquency |
amounts collected under this Section shall be deposited in the |
Circuit Court Clerk Operation and Administrative Fund to be |
used to defray administrative costs incurred by the circuit |
clerk in performing the duties required to collect and disburse |
funds. This Section is a denial
and limitation of home rule |
powers and functions under subsection (h) of
Section 6 of |
Article VII of the Illinois Constitution.
|
(b) The following amounts must be remitted to the State |
Treasurer for
deposit into the Illinois Animal Abuse Fund:
|
(1) 50% of the amounts collected for felony offenses |
under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, |
5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for |
Animals Act and Section 26-5 or 48-1 of the Criminal Code |
of
1961;
|
(2) 20% of the amounts collected for Class A and Class |
B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, |
5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care |
for Animals Act and Section 26-5 or 48-1 of the Criminal
|
Code of 1961; and
|
(3) 50% of the amounts collected for Class C |
misdemeanors under
Sections 4.01 and 7.1 of the Humane Care |
for Animals Act and Section 26-5
or 48-1 of the Criminal |
Code of 1961.
|
(c) Any person who receives a disposition of court |
supervision for a violation of the Illinois Vehicle Code or a |
|
similar provision of a local ordinance shall, in addition to |
any other fines, fees, and court costs, pay an additional fee |
of $29, to be disbursed as provided in Section 16-104c of the |
Illinois Vehicle Code. In addition to the fee of $29, the |
person shall also pay a fee of $6, if not waived by the court. |
If this $6 fee is collected, $5.50 of the fee shall be |
deposited into the Circuit Court Clerk Operation and |
Administrative Fund created by the Clerk of the Circuit Court |
and 50 cents of the fee shall be deposited into the Prisoner |
Review Board Vehicle and Equipment Fund in the State treasury. |
(d) Any person convicted of, pleading guilty to, or placed |
on supervision for a serious traffic violation, as defined in |
Section 1-187.001 of the Illinois Vehicle Code, a violation of |
Section 11-501 of the Illinois Vehicle Code, or a violation of |
a similar provision of a local ordinance shall pay an |
additional fee of $35, to be disbursed as provided in Section |
16-104d of that Code. |
This subsection (d) becomes inoperative 7 years after the |
effective date of Public Act 95-154.
|
(e) In all counties having a population of 3,000,000 or |
more inhabitants: |
(1) A person who is found guilty of or pleads guilty to |
violating subsection (a) of Section 11-501 of the Illinois |
Vehicle Code, including any person placed on court |
supervision for violating subsection (a), shall be fined |
$750 as provided for by subsection (f) of Section 11-501.01 |
|
of the Illinois Vehicle Code, payable to the circuit clerk, |
who shall distribute the money pursuant to subsection (f) |
of Section 11-501.01 of the Illinois Vehicle Code. |
(2) When a crime laboratory DUI analysis fee of $150, |
provided for by Section 5-9-1.9 of the Unified Code of |
Corrections is assessed, it shall be disbursed by the |
circuit clerk as provided by subsection (f) of Section |
5-9-1.9 of the Unified Code of Corrections. |
(3) When a fine for a violation of subsection (a) of |
Section 11-605 of the Illinois Vehicle Code is $150 or |
greater, the additional $50 which is charged as provided |
for by subsection (f) of Section 11-605 of the Illinois |
Vehicle Code shall be disbursed by the circuit clerk to a |
school district or districts for school safety purposes as |
provided by subsection (f) of Section 11-605. |
(4) When a fine for a violation of subsection (a) of |
Section 11-1002.5 of the Illinois Vehicle Code is $150 or |
greater, the additional $50 which is charged as provided |
for by subsection (c) of Section 11-1002.5 of the Illinois |
Vehicle Code shall be disbursed by the circuit clerk to a |
school district or districts for school safety purposes as |
provided by subsection (c) of Section 11-1002.5 of the |
Illinois Vehicle Code. |
(5) When a mandatory drug court fee of up to $5 is |
assessed as provided in subsection (f) of Section 5-1101 of |
the Counties Code, it shall be disbursed by the circuit |
|
clerk as provided in subsection (f) of Section 5-1101 of |
the Counties Code. |
(6) When a mandatory teen court, peer jury, youth |
court, or other youth diversion program fee is assessed as |
provided in subsection (e) of Section 5-1101 of the |
Counties Code, it shall be disbursed by the circuit clerk |
as provided in subsection (e) of Section 5-1101 of the |
Counties Code. |
(7) When a Children's Advocacy Center fee is assessed |
pursuant to subsection (f-5) of Section 5-1101 of the |
Counties Code, it shall be disbursed by the circuit clerk |
as provided in subsection (f-5) of Section 5-1101 of the |
Counties Code. |
(8) When a victim impact panel fee is assessed pursuant |
to subsection (b) of Section 11-501.01 of the Illinois |
Vehicle Code, it shall be disbursed by the circuit clerk to |
the victim impact panel to be
attended by the defendant. |
(9) When a new fee collected in traffic cases is |
enacted after January 1, 2010 (the effective date of Public |
Act 96-735), it shall be excluded from the percentage |
disbursement provisions of this Section unless otherwise |
indicated by law. |
(f) Any person who receives a disposition of court |
supervision for a violation of Section 11-501 of the Illinois |
Vehicle Code shall, in addition to any other fines, fees, and |
court costs, pay an additional fee of $50, which shall
be |
|
collected by the circuit clerk and then remitted to the State |
Treasurer for deposit into the Roadside Memorial Fund, a |
special fund in the State treasury. However, the court may |
waive the fee if full restitution is complied with. Subject to |
appropriation, all moneys in the Roadside Memorial Fund shall |
be used by the Department of Transportation to pay fees imposed |
under subsection (f) of Section 20 of the Roadside Memorial |
Act. The fee shall be remitted by the circuit clerk within one |
month after receipt to the State Treasurer for deposit into the |
Roadside Memorial Fund. |
(g) For any conviction or disposition of court supervision |
for a violation of Section 11-1429 of the Illinois Vehicle |
Code, the circuit clerk shall distribute the fines paid by the |
person as specified by subsection (h) of Section 11-1429 of the |
Illinois Vehicle Code. |
(Source: P.A. 96-286, eff. 8-11-09; 96-576, eff. 8-18-09; |
96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10; |
96-1000, eff. 7-2-10; 96-1175, eff. 9-20-10; 96-1342, eff. |
1-1-11; 97-333, eff. 8-12-11.)
|
(705 ILCS 105/27.6)
|
(Section as amended by P.A. 96-286, 96-576, 96-578, 96-625, |
96-667, 96-1175, 96-1342, and 97-434) |
Sec. 27.6. (a) All fees, fines, costs, additional |
penalties, bail balances
assessed or forfeited, and any other |
amount paid by a person to the circuit
clerk equalling an |
|
amount of $55 or more, except the fine imposed by Section |
5-9-1.15
of the Unified Code of Corrections, the additional fee |
required
by subsections (b) and (c), restitution under Section |
5-5-6 of the
Unified Code of Corrections, contributions to a |
local anti-crime program ordered pursuant to Section |
5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of |
Corrections, reimbursement for the costs of an emergency
|
response as provided under Section 11-501 of the Illinois |
Vehicle Code,
any fees collected for attending a traffic safety |
program under paragraph (c)
of Supreme Court Rule 529, any fee |
collected on behalf of a State's Attorney
under Section 4-2002 |
of the Counties Code or a sheriff under Section 4-5001
of the |
Counties Code, or any cost imposed under Section 124A-5 of the |
Code of
Criminal Procedure of 1963, for convictions, orders of |
supervision, or any
other disposition for a violation of |
Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a |
similar provision of a local ordinance, and any
violation of |
the Child Passenger Protection Act, or a similar provision of a
|
local ordinance, and except as otherwise provided in this |
Section
shall be disbursed
within 60 days after receipt by the |
circuit
clerk as follows: 44.5% shall be disbursed to the |
entity authorized by law to
receive the fine imposed in the |
case; 16.825% shall be disbursed to the State
Treasurer; and |
38.675% shall be disbursed to the county's general corporate
|
fund. Of the 16.825% disbursed to the State Treasurer, 2/17 |
shall be deposited
by the State Treasurer into the Violent |
|
Crime Victims Assistance Fund, 5.052/17
shall be deposited into |
the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall |
be deposited into the Drivers Education Fund, and 6.948/17 |
shall be
deposited into the Trauma Center Fund. Of the 6.948/17 |
deposited into the
Trauma Center Fund from the 16.825% |
disbursed to the State Treasurer, 50% shall
be disbursed to the |
Department of Public Health and 50% shall be disbursed to
the |
Department of Healthcare and Family Services. For fiscal year |
1993, amounts deposited into
the Violent Crime Victims |
Assistance Fund, the Traffic and Criminal
Conviction Surcharge |
Fund, or the Drivers Education Fund shall not exceed 110%
of |
the amounts deposited into those funds in fiscal year 1991. Any
|
amount that exceeds the 110% limit shall be distributed as |
follows: 50%
shall be disbursed to the county's general |
corporate fund and 50% shall be
disbursed to the entity |
authorized by law to receive the fine imposed in
the case. Not |
later than March 1 of each year the circuit clerk
shall submit |
a report of the amount of funds remitted to the State
Treasurer |
under this Section during the preceding year based upon
|
independent verification of fines and fees. All counties shall |
be subject
to this Section, except that counties with a |
population under 2,000,000
may, by ordinance, elect not to be |
subject to this Section. For offenses
subject to this Section, |
judges shall impose one total sum of money payable
for |
violations. The circuit clerk may add on no additional amounts |
except
for amounts that are required by Sections 27.3a and |
|
27.3c of
this Act, unless those amounts are specifically waived |
by the judge. With
respect to money collected by the circuit |
clerk as a result of
forfeiture of bail, ex parte judgment or |
guilty plea pursuant to Supreme
Court Rule 529, the circuit |
clerk shall first deduct and pay amounts
required by Sections |
27.3a and 27.3c of this Act. This Section is a denial
and |
limitation of home rule powers and functions under subsection |
(h) of
Section 6 of Article VII of the Illinois Constitution.
|
(b) In addition to any other fines and court costs assessed |
by the courts,
any person convicted or receiving an order of |
supervision for driving under
the influence of alcohol or drugs |
shall pay an additional fee of $100 to the
clerk of the circuit |
court. This amount, less 2 1/2% that shall be used to
defray |
administrative costs incurred by the clerk, shall be remitted |
by the
clerk to the Treasurer within 60 days after receipt for |
deposit into the Trauma
Center Fund. This additional fee of |
$100 shall not be considered a part of the
fine for purposes of |
any reduction in the fine for time served either before or
|
after sentencing. Not later than March 1 of each year the |
Circuit Clerk shall
submit a report of the amount of funds |
remitted to the State Treasurer under
this subsection during |
the preceding calendar year.
|
(b-1) In addition to any other fines and court costs |
assessed by the courts,
any person convicted or receiving an |
order of supervision for driving under the
influence of alcohol |
or drugs shall pay an additional fee of $5 to the clerk
of the |
|
circuit court. This amount, less
2 1/2% that shall be used to |
defray administrative costs incurred by the clerk,
shall be |
remitted by the clerk to the Treasurer within 60 days after |
receipt
for deposit into the Spinal Cord Injury Paralysis Cure |
Research Trust Fund.
This additional fee of $5 shall not
be |
considered a part of the fine for purposes of any reduction in |
the fine for
time served either before or after sentencing. Not |
later than March 1 of each
year the Circuit Clerk shall submit |
a report of the amount of funds remitted to
the State Treasurer |
under this subsection during the preceding calendar
year.
|
(c) In addition to any other fines and court costs assessed |
by the courts,
any person convicted for a violation of Sections |
24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a |
person sentenced for a violation of the Cannabis
Control Act, |
the Illinois Controlled Substances Act, or the Methamphetamine |
Control and Community Protection Act
shall pay an additional |
fee of $100 to the clerk
of the circuit court. This amount, |
less
2 1/2% that shall be used to defray administrative costs |
incurred by the clerk,
shall be remitted by the clerk to the |
Treasurer within 60 days after receipt
for deposit into the |
Trauma Center Fund. This additional fee of $100 shall not
be |
considered a part of the fine for purposes of any reduction in |
the fine for
time served either before or after sentencing. Not |
later than March 1 of each
year the Circuit Clerk shall submit |
a report of the amount of funds remitted to
the State Treasurer |
under this subsection during the preceding calendar year.
|
|
(c-1) In addition to any other fines and court costs |
assessed by the
courts, any person sentenced for a violation of |
the Cannabis Control Act,
the Illinois Controlled Substances |
Act, or the Methamphetamine Control and Community Protection |
Act shall pay an additional fee of $5 to the
clerk of the |
circuit court. This amount, less 2 1/2% that shall be used to
|
defray administrative costs incurred by the clerk, shall be |
remitted by the
clerk to the Treasurer within 60 days after |
receipt for deposit into the Spinal
Cord Injury Paralysis Cure |
Research Trust Fund. This additional fee of $5
shall not be |
considered a part of the fine for purposes of any reduction in |
the
fine for time served either before or after sentencing. Not |
later than March 1
of each year the Circuit Clerk shall submit |
a report of the amount of funds
remitted to the State Treasurer |
under this subsection during the preceding
calendar year.
|
(d) The following amounts must be remitted to the State |
Treasurer for
deposit into the Illinois Animal Abuse Fund:
|
(1) 50% of the amounts collected for felony offenses |
under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, |
5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for |
Animals Act and Section 26-5 or 48-1 of the Criminal Code |
of
1961;
|
(2) 20% of the amounts collected for Class A and Class |
B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, |
5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care |
for Animals Act and Section 26-5 or 48-1 of the Criminal
|
|
Code of 1961; and
|
(3) 50% of the amounts collected for Class C |
misdemeanors under Sections
4.01 and 7.1 of the Humane Care |
for Animals Act and Section 26-5 or 48-1 of the
Criminal |
Code of 1961.
|
(e) Any person who receives a disposition of court |
supervision for a violation of the Illinois Vehicle Code or a |
similar provision of a local ordinance shall, in addition to |
any other fines, fees, and court costs, pay an additional fee |
of $29, to be disbursed as provided in Section 16-104c of the |
Illinois Vehicle Code. In addition to the fee of $29, the |
person shall also pay a fee of $6, if not waived by the court. |
If this $6 fee is collected, $5.50 of the fee shall be |
deposited into the Circuit Court Clerk Operation and |
Administrative Fund created by the Clerk of the Circuit Court |
and 50 cents of the fee shall be deposited into the Prisoner |
Review Board Vehicle and Equipment Fund in the State treasury.
|
(f) This Section does not apply to the additional child |
pornography fines assessed and collected under Section |
5-9-1.14 of the Unified Code of Corrections.
|
(g) (Blank). |
(h) (Blank). |
(i)
Of the amounts collected as fines under subsection (b) |
of Section 3-712 of the Illinois Vehicle Code, 99% shall be |
deposited into the Illinois Military Family Relief Fund and 1% |
shall be deposited into the Circuit Court Clerk Operation and |
|
Administrative Fund created by the Clerk of the Circuit Court |
to be used to offset the costs incurred by the Circuit Court |
Clerk in performing the additional duties required to collect |
and disburse funds to entities of State and local government as |
provided by law.
|
(j) Any person convicted of, pleading guilty to, or placed |
on supervision for a serious traffic violation, as defined in |
Section 1-187.001 of the Illinois Vehicle Code, a violation of |
Section 11-501 of the Illinois Vehicle Code, or a violation of |
a similar provision of a local ordinance shall pay an |
additional fee of $35, to be disbursed as provided in Section |
16-104d of that Code. |
This subsection (j) becomes inoperative 7 years after the |
effective date of Public Act 95-154. |
(k) For any conviction or disposition of court supervision |
for a violation of Section 11-1429 of the Illinois Vehicle |
Code, the circuit clerk shall distribute the fines paid by the |
person as specified by subsection (h) of Section 11-1429 of the |
Illinois Vehicle Code. |
(l) Any person who receives a disposition of court |
supervision for a violation of Section 11-501 of the Illinois |
Vehicle Code or a similar provision of a local ordinance shall, |
in addition to any other fines, fees, and court costs, pay an |
additional fee of $50, which shall
be collected by the circuit |
clerk and then remitted to the State Treasurer for deposit into |
the Roadside Memorial Fund, a special fund in the State |
|
treasury. However, the court may waive the fee if full |
restitution is complied with. Subject to appropriation, all |
moneys in the Roadside Memorial Fund shall be used by the |
Department of Transportation to pay fees imposed under |
subsection (f) of Section 20 of the Roadside Memorial Act. The |
fee shall be remitted by the circuit clerk within one month |
after receipt to the State Treasurer for deposit into the |
Roadside Memorial Fund. |
(m) Of the amounts collected as fines under subsection (c) |
of Section 411.4 of the Illinois Controlled Substances Act or |
subsection (c) of Section 90 of the Methamphetamine Control and |
Community Protection Act, 99% shall be deposited to the law |
enforcement agency or fund specified and 1% shall be deposited |
into the Circuit Court Clerk Operation and Administrative Fund |
to be used to offset the costs incurred by the Circuit Court |
Clerk in performing the additional duties required to collect |
and disburse funds to entities of State and local government as |
provided by law. |
(Source: P.A. 95-191, eff. 1-1-08; 95-291, eff. 1-1-08; 95-428, |
eff. 8-24-07; 95-600, eff. 6-1-08; 95-876, eff. 8-21-08; |
96-286, eff. 8-11-09; 96-576, eff. 8-18-09; 96-578, eff. |
8-18-09; 96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-1175, |
eff. 9-20-10; 96-1342, eff. 1-1-11; revised 9-16-10.)
|
(Section as amended by P.A. 96-576, 96-578, 96-625, 96-667, |
96-735, 96-1175, 96-1342, and 97-434) |
|
Sec. 27.6. (a) All fees, fines, costs, additional |
penalties, bail balances
assessed or forfeited, and any other |
amount paid by a person to the circuit
clerk equalling an |
amount of $55 or more, except the fine imposed by Section |
5-9-1.15
of the Unified Code of Corrections, the additional fee |
required
by subsections (b) and (c), restitution under Section |
5-5-6 of the
Unified Code of Corrections, contributions to a |
local anti-crime program ordered pursuant to Section |
5-6-3(b)(13) or Section 5-6-3.1(c)(13) of the Unified Code of |
Corrections, reimbursement for the costs of an emergency
|
response as provided under Section 11-501 of the Illinois |
Vehicle Code,
any fees collected for attending a traffic safety |
program under paragraph (c)
of Supreme Court Rule 529, any fee |
collected on behalf of a State's Attorney
under Section 4-2002 |
of the Counties Code or a sheriff under Section 4-5001
of the |
Counties Code, or any cost imposed under Section 124A-5 of the |
Code of
Criminal Procedure of 1963, for convictions, orders of |
supervision, or any
other disposition for a violation of |
Chapters 3, 4, 6, 11, and 12 of the
Illinois Vehicle Code, or a |
similar provision of a local ordinance, and any
violation of |
the Child Passenger Protection Act, or a similar provision of a
|
local ordinance, and except as otherwise provided in this |
Section
shall be disbursed
within 60 days after receipt by the |
circuit
clerk as follows: 44.5% shall be disbursed to the |
entity authorized by law to
receive the fine imposed in the |
case; 16.825% shall be disbursed to the State
Treasurer; and |
|
38.675% shall be disbursed to the county's general corporate
|
fund. Of the 16.825% disbursed to the State Treasurer, 2/17 |
shall be deposited
by the State Treasurer into the Violent |
Crime Victims Assistance Fund, 5.052/17
shall be deposited into |
the Traffic and Criminal Conviction Surcharge Fund,
3/17 shall |
be deposited into the Drivers Education Fund, and 6.948/17 |
shall be
deposited into the Trauma Center Fund. Of the 6.948/17 |
deposited into the
Trauma Center Fund from the 16.825% |
disbursed to the State Treasurer, 50% shall
be disbursed to the |
Department of Public Health and 50% shall be disbursed to
the |
Department of Healthcare and Family Services. For fiscal year |
1993, amounts deposited into
the Violent Crime Victims |
Assistance Fund, the Traffic and Criminal
Conviction Surcharge |
Fund, or the Drivers Education Fund shall not exceed 110%
of |
the amounts deposited into those funds in fiscal year 1991. Any
|
amount that exceeds the 110% limit shall be distributed as |
follows: 50%
shall be disbursed to the county's general |
corporate fund and 50% shall be
disbursed to the entity |
authorized by law to receive the fine imposed in
the case. Not |
later than March 1 of each year the circuit clerk
shall submit |
a report of the amount of funds remitted to the State
Treasurer |
under this Section during the preceding year based upon
|
independent verification of fines and fees. All counties shall |
be subject
to this Section, except that counties with a |
population under 2,000,000
may, by ordinance, elect not to be |
subject to this Section. For offenses
subject to this Section, |
|
judges shall impose one total sum of money payable
for |
violations. The circuit clerk may add on no additional amounts |
except
for amounts that are required by Sections 27.3a and |
27.3c of
this Act, Section 16-104c of the Illinois Vehicle |
Code, and subsection (a) of Section 5-1101 of the Counties |
Code, unless those amounts are specifically waived by the |
judge. With
respect to money collected by the circuit clerk as |
a result of
forfeiture of bail, ex parte judgment or guilty |
plea pursuant to Supreme
Court Rule 529, the circuit clerk |
shall first deduct and pay amounts
required by Sections 27.3a |
and 27.3c of this Act. Unless a court ordered payment schedule |
is implemented or fee requirements are waived pursuant to court |
order, the clerk of the court may add to any unpaid fees and |
costs a delinquency amount equal to 5% of the unpaid fees that |
remain unpaid after 30 days, 10% of the unpaid fees that remain |
unpaid after 60 days, and 15% of the unpaid fees that remain |
unpaid after 90 days. Notice to those parties may be made by |
signage posting or publication. The additional delinquency |
amounts collected under this Section shall be deposited in the |
Circuit Court Clerk Operation and Administrative Fund to be |
used to defray administrative costs incurred by the circuit |
clerk in performing the duties required to collect and disburse |
funds. This Section is a denial
and limitation of home rule |
powers and functions under subsection (h) of
Section 6 of |
Article VII of the Illinois Constitution.
|
(b) In addition to any other fines and court costs assessed |
|
by the courts,
any person convicted or receiving an order of |
supervision for driving under
the influence of alcohol or drugs |
shall pay an additional fee of $100 to the
clerk of the circuit |
court. This amount, less 2 1/2% that shall be used to
defray |
administrative costs incurred by the clerk, shall be remitted |
by the
clerk to the Treasurer within 60 days after receipt for |
deposit into the Trauma
Center Fund. This additional fee of |
$100 shall not be considered a part of the
fine for purposes of |
any reduction in the fine for time served either before or
|
after sentencing. Not later than March 1 of each year the |
Circuit Clerk shall
submit a report of the amount of funds |
remitted to the State Treasurer under
this subsection during |
the preceding calendar year.
|
(b-1) In addition to any other fines and court costs |
assessed by the courts,
any person convicted or receiving an |
order of supervision for driving under the
influence of alcohol |
or drugs shall pay an additional fee of $5 to the clerk
of the |
circuit court. This amount, less
2 1/2% that shall be used to |
defray administrative costs incurred by the clerk,
shall be |
remitted by the clerk to the Treasurer within 60 days after |
receipt
for deposit into the Spinal Cord Injury Paralysis Cure |
Research Trust Fund.
This additional fee of $5 shall not
be |
considered a part of the fine for purposes of any reduction in |
the fine for
time served either before or after sentencing. Not |
later than March 1 of each
year the Circuit Clerk shall submit |
a report of the amount of funds remitted to
the State Treasurer |
|
under this subsection during the preceding calendar
year.
|
(c) In addition to any other fines and court costs assessed |
by the courts,
any person convicted for a violation of Sections |
24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a |
person sentenced for a violation of the Cannabis
Control Act, |
the Illinois Controlled Substances Act, or the Methamphetamine |
Control and Community Protection Act
shall pay an additional |
fee of $100 to the clerk
of the circuit court. This amount, |
less
2 1/2% that shall be used to defray administrative costs |
incurred by the clerk,
shall be remitted by the clerk to the |
Treasurer within 60 days after receipt
for deposit into the |
Trauma Center Fund. This additional fee of $100 shall not
be |
considered a part of the fine for purposes of any reduction in |
the fine for
time served either before or after sentencing. Not |
later than March 1 of each
year the Circuit Clerk shall submit |
a report of the amount of funds remitted to
the State Treasurer |
under this subsection during the preceding calendar year.
|
(c-1) In addition to any other fines and court costs |
assessed by the
courts, any person sentenced for a violation of |
the Cannabis Control Act,
the Illinois Controlled Substances |
Act, or the Methamphetamine Control and Community Protection |
Act shall pay an additional fee of $5 to the
clerk of the |
circuit court. This amount, less 2 1/2% that shall be used to
|
defray administrative costs incurred by the clerk, shall be |
remitted by the
clerk to the Treasurer within 60 days after |
receipt for deposit into the Spinal
Cord Injury Paralysis Cure |
|
Research Trust Fund. This additional fee of $5
shall not be |
considered a part of the fine for purposes of any reduction in |
the
fine for time served either before or after sentencing. Not |
later than March 1
of each year the Circuit Clerk shall submit |
a report of the amount of funds
remitted to the State Treasurer |
under this subsection during the preceding
calendar year.
|
(d) The following amounts must be remitted to the State |
Treasurer for
deposit into the Illinois Animal Abuse Fund:
|
(1) 50% of the amounts collected for felony offenses |
under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, |
5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for |
Animals Act and Section 26-5 or 48-1 of the Criminal Code |
of
1961;
|
(2) 20% of the amounts collected for Class A and Class |
B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, |
5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care |
for Animals Act and Section 26-5 or 48-1 of the Criminal
|
Code of 1961; and
|
(3) 50% of the amounts collected for Class C |
misdemeanors under Sections
4.01 and 7.1 of the Humane Care |
for Animals Act and Section 26-5 or 48-1 of the
Criminal |
Code of 1961.
|
(e) Any person who receives a disposition of court |
supervision for a violation of the Illinois Vehicle Code or a |
similar provision of a local ordinance shall, in addition to |
any other fines, fees, and court costs, pay an additional fee |
|
of $29, to be disbursed as provided in Section 16-104c of the |
Illinois Vehicle Code. In addition to the fee of $29, the |
person shall also pay a fee of $6, if not waived by the court. |
If this $6 fee is collected, $5.50 of the fee shall be |
deposited into the Circuit Court Clerk Operation and |
Administrative Fund created by the Clerk of the Circuit Court |
and 50 cents of the fee shall be deposited into the Prisoner |
Review Board Vehicle and Equipment Fund in the State treasury.
|
(f) This Section does not apply to the additional child |
pornography fines assessed and collected under Section |
5-9-1.14 of the Unified Code of Corrections.
|
(g) Any person convicted of or pleading guilty to a serious |
traffic violation, as defined in Section 1-187.001 of the |
Illinois Vehicle Code, shall pay an additional fee of $35, to |
be disbursed as provided in Section 16-104d of that Code. This |
subsection (g) becomes inoperative 7 years after the effective |
date of Public Act 95-154. |
(h) In all counties having a population of 3,000,000 or |
more inhabitants, |
(1) A person who is found guilty of or pleads guilty to |
violating subsection (a) of Section 11-501 of the Illinois |
Vehicle Code, including any person placed on court |
supervision for violating subsection (a), shall be fined |
$750 as provided for by subsection (f) of Section 11-501.01 |
of the Illinois Vehicle Code, payable to the circuit clerk, |
who shall distribute the money pursuant to subsection (f) |
|
of Section 11-501.01 of the Illinois Vehicle Code. |
(2) When a crime laboratory DUI analysis fee of $150, |
provided for by Section 5-9-1.9 of the Unified Code of |
Corrections is assessed, it shall be disbursed by the |
circuit clerk as provided by subsection (f) of Section |
5-9-1.9 of the Unified Code of Corrections. |
(3) When a fine for a violation of Section 11-605.1 of |
the Illinois Vehicle Code is $250 or greater, the person |
who violated that Section shall be charged an additional |
$125 as provided for by subsection (e) of Section 11-605.1 |
of the Illinois Vehicle Code, which shall be disbursed by |
the circuit clerk to a State or county Transportation |
Safety Highway Hire-back Fund as provided by subsection (e) |
of Section 11-605.1 of the Illinois Vehicle Code. |
(4) When a fine for a violation of subsection (a) of |
Section 11-605 of the Illinois Vehicle Code is $150 or |
greater, the additional $50 which is charged as provided |
for by subsection (f) of Section 11-605 of the Illinois |
Vehicle Code shall be disbursed by the circuit clerk to a |
school district or districts for school safety purposes as |
provided by subsection (f) of Section 11-605. |
(5) When a fine for a violation of subsection (a) of |
Section 11-1002.5 of the Illinois Vehicle Code is $150 or |
greater, the additional $50 which is charged as provided |
for by subsection (c) of Section 11-1002.5 of the Illinois |
Vehicle Code shall be disbursed by the circuit clerk to a |
|
school district or districts for school safety purposes as |
provided by subsection (c) of Section 11-1002.5 of the |
Illinois Vehicle Code. |
(6) When a mandatory drug court fee of up to $5 is |
assessed as provided in subsection (f) of Section 5-1101 of |
the Counties Code, it shall be disbursed by the circuit |
clerk as provided in subsection (f) of Section 5-1101 of |
the Counties Code. |
(7) When a mandatory teen court, peer jury, youth |
court, or other youth diversion program fee is assessed as |
provided in subsection (e) of Section 5-1101 of the |
Counties Code, it shall be disbursed by the circuit clerk |
as provided in subsection (e) of Section 5-1101 of the |
Counties Code. |
(8) When a Children's Advocacy Center fee is assessed |
pursuant to subsection (f-5) of Section 5-1101 of the |
Counties Code, it shall be disbursed by the circuit clerk |
as provided in subsection (f-5) of Section 5-1101 of the |
Counties Code. |
(9) When a victim impact panel fee is assessed pursuant |
to subsection (b) of Section 11-501.01 of the Vehicle Code, |
it shall be disbursed by the circuit clerk to the victim |
impact panel to be attended by the defendant. |
(10) When a new fee collected in traffic cases is |
enacted after the effective date of this subsection (h), it |
shall be excluded from the percentage disbursement |
|
provisions of this Section unless otherwise indicated by |
law. |
(i)
Of the amounts collected as fines under subsection (b) |
of Section 3-712 of the Illinois Vehicle Code, 99% shall be |
deposited into the Illinois Military Family Relief Fund and 1% |
shall be deposited into the Circuit Court Clerk Operation and |
Administrative Fund created by the Clerk of the Circuit Court |
to be used to offset the costs incurred by the Circuit Court |
Clerk in performing the additional duties required to collect |
and disburse funds to entities of State and local government as |
provided by law.
|
(j) (Blank). |
(k) For any conviction or disposition of court supervision |
for a violation of Section 11-1429 of the Illinois Vehicle |
Code, the circuit clerk shall distribute the fines paid by the |
person as specified by subsection (h) of Section 11-1429 of the |
Illinois Vehicle Code. |
(l) Any person who receives a disposition of court |
supervision for a violation of Section 11-501 of the Illinois |
Vehicle Code or a similar provision of a local ordinance shall, |
in addition to any other fines, fees, and court costs, pay an |
additional fee of $50, which shall
be collected by the circuit |
clerk and then remitted to the State Treasurer for deposit into |
the Roadside Memorial Fund, a special fund in the State |
treasury. However, the court may waive the fee if full |
restitution is complied with. Subject to appropriation, all |
|
moneys in the Roadside Memorial Fund shall be used by the |
Department of Transportation to pay fees imposed under |
subsection (f) of Section 20 of the Roadside Memorial Act. The |
fee shall be remitted by the circuit clerk within one month |
after receipt to the State Treasurer for deposit into the |
Roadside Memorial Fund. |
(m) Of the amounts collected as fines under subsection (c) |
of Section 411.4 of the Illinois Controlled Substances Act or |
subsection (c) of Section 90 of the Methamphetamine Control and |
Community Protection Act, 99% shall be deposited to the law |
enforcement agency or fund specified and 1% shall be deposited |
into the Circuit Court Clerk Operation and Administrative Fund |
to be used to offset the costs incurred by the Circuit Court |
Clerk in performing the additional duties required to collect |
and disburse funds to entities of State and local government as |
provided by law. |
(Source: P.A. 96-576, eff. 8-18-09; 96-578, eff. 8-18-09; |
96-625, eff. 1-1-10; 96-667, eff. 8-25-09; 96-735, eff. 1-1-10; |
96-1175, eff. 9-20-10; 96-1342, eff. 1-1-11; 97-434, eff. |
1-1-12.)
|
Section 15-25. The Juvenile Court Act of 1987 is amended by |
changing Sections 3-40 and 5-715 as follows:
|
(705 ILCS 405/3-40) |
Sec. 3-40. Minors involved in electronic dissemination of |
|
indecent visual depictions in need of supervision. |
(a) For the purposes of this Section: |
"Computer" has the meaning ascribed to it in Section 17-0.5 |
16D-2 of the Criminal Code of 1961. |
"Electronic communication device" means an electronic |
device, including but not limited to a wireless telephone, |
personal digital assistant, or a portable or mobile computer, |
that is capable of transmitting images or pictures. |
"Indecent visual depiction" means a depiction or portrayal |
in any pose, posture, or setting involving a lewd exhibition of |
the unclothed or transparently clothed genitals, pubic area, |
buttocks, or, if such person is female, a fully or partially |
developed breast of the person. |
"Minor" means a person under 18 years of age. |
(b) A minor shall not distribute or disseminate an indecent |
visual depiction of another minor through the use of a computer |
or electronic communication device. |
(c) Adjudication. A minor who violates subsection (b) of |
this Section may be subject to a petition for adjudication and |
adjudged a minor in need of supervision. |
(d) Kinds of dispositional orders. A minor found to be in |
need of supervision under this Section may be: |
(1) ordered to obtain counseling or other supportive |
services to address the acts that led to the need for |
supervision; or |
(2) ordered to perform community service. |
|
(e) Nothing in this Section shall be construed to prohibit |
a prosecution for disorderly conduct, public indecency, child |
pornography, a violation of Article 26.5 the Harassing and |
Obscene Communications of the Criminal Code of 1961 Act , or any |
other applicable provision of law.
|
(Source: P.A. 96-1087, eff. 1-1-11.)
|
(705 ILCS 405/5-715)
|
Sec. 5-715. Probation.
|
(1) The period of probation or conditional discharge shall |
not exceed 5
years or until the minor has attained the age of |
21 years, whichever is less,
except as provided in this Section |
for a minor who is found to be guilty
for an offense which is |
first degree murder, a Class X felony or a forcible
felony. The |
juvenile court may terminate probation or
conditional |
discharge and discharge the minor at any time if warranted by |
the
conduct of the minor and the ends of justice; provided, |
however, that the
period of probation for a minor who is found |
to be guilty for an offense which
is first degree murder, a |
Class X felony, or a forcible felony shall be at
least 5 years.
|
(2) The court may as a condition of probation or of |
conditional discharge
require that the minor:
|
(a) not violate any criminal statute of any |
jurisdiction;
|
(b) make a report to and appear in person before any |
person or agency as
directed by the court;
|
|
(c) work or pursue a course of study or vocational |
training;
|
(d) undergo medical or psychiatric treatment, rendered |
by a psychiatrist
or
psychological treatment rendered by a |
clinical psychologist or social work
services rendered by a |
clinical social worker, or treatment for drug addiction
or |
alcoholism;
|
(e) attend or reside in a facility established for the |
instruction or
residence of persons on probation;
|
(f) support his or her dependents, if any;
|
(g) refrain from possessing a firearm or other |
dangerous weapon, or an
automobile;
|
(h) permit the probation officer to visit him or her at |
his or her home or
elsewhere;
|
(i) reside with his or her parents or in a foster home;
|
(j) attend school;
|
(j-5) with the consent of the superintendent
of the
|
facility,
attend an educational program at a facility other |
than the school
in which the
offense was committed if he
or |
she committed a crime of violence as
defined in
Section 2 |
of the Crime Victims Compensation Act in a school, on the
|
real
property
comprising a school, or within 1,000 feet of |
the real property comprising a
school;
|
(k) attend a non-residential program for youth;
|
(l) make restitution under the terms of subsection (4) |
of Section 5-710;
|
|
(m) contribute to his or her own support at home or in |
a foster home;
|
(n) perform some reasonable public or community |
service;
|
(o) participate with community corrections programs |
including unified
delinquency intervention services |
administered by the Department of Human
Services
subject to |
Section 5 of the Children and Family Services Act;
|
(p) pay costs;
|
(q) serve a term of home confinement. In addition to |
any other applicable
condition of probation or conditional |
discharge, the conditions of home
confinement shall be that |
the minor:
|
(i) remain within the interior premises of the |
place designated for his
or her confinement during the |
hours designated by the court;
|
(ii) admit any person or agent designated by the |
court into the minor's
place of confinement at any time |
for purposes of verifying the minor's
compliance with |
the conditions of his or her confinement; and
|
(iii) use an approved electronic monitoring device |
if ordered by the
court subject to Article 8A of |
Chapter V of the Unified Code of Corrections;
|
(r) refrain from entering into a designated geographic |
area except upon
terms as the court finds appropriate. The |
terms may include consideration of
the purpose of the |
|
entry, the time of day, other persons accompanying the
|
minor, and advance approval by a probation officer, if the |
minor has been
placed on probation, or advance approval by |
the court, if the minor has been
placed on conditional |
discharge;
|
(s) refrain from having any contact, directly or |
indirectly, with certain
specified persons or particular |
types of persons, including but not limited to
members of |
street gangs and drug users or dealers;
|
(s-5) undergo a medical or other procedure to have a |
tattoo symbolizing
allegiance to a street
gang removed from |
his or her body;
|
(t) refrain from having in his or her body the presence |
of any illicit
drug
prohibited by the Cannabis Control Act, |
the Illinois Controlled Substances
Act, or the |
Methamphetamine Control and Community Protection Act, |
unless prescribed
by a physician, and shall submit samples |
of his or her blood or urine or both
for tests to determine |
the presence of any illicit drug; or
|
(u) comply with other conditions as may be ordered by |
the court.
|
(3) The court may as a condition of probation or of |
conditional discharge
require that a minor found guilty on any |
alcohol, cannabis, methamphetamine, or
controlled substance |
violation, refrain from acquiring a driver's license
during the |
period of probation or conditional discharge. If the minor is |
|
in
possession of a permit or license, the court may require |
that the minor refrain
from driving or operating any motor |
vehicle during the period of probation or
conditional |
discharge, except as may be necessary in the course of the |
minor's
lawful
employment.
|
(3.5) The court shall, as a condition of probation or of |
conditional
discharge,
require that a minor found to be guilty |
and placed on probation for reasons
that include a
violation of |
Section 3.02 or Section 3.03 of the Humane Care for Animals Act |
or
paragraph
(4) (d) of subsection (a) (1) of Section 21-1 of |
the
Criminal Code of 1961 undergo medical or psychiatric |
treatment rendered by a
psychiatrist or psychological |
treatment rendered by a clinical psychologist.
The
condition |
may be in addition to any other condition.
|
(3.10) The court shall order that a minor placed on |
probation or
conditional discharge for a sex offense as defined |
in the Sex Offender
Management Board Act undergo and |
successfully complete sex offender treatment.
The treatment |
shall be in conformance with the standards developed under
the |
Sex Offender Management Board Act and conducted by a treatment |
provider
approved by the Board. The treatment shall be at the |
expense of the person
evaluated based upon that person's |
ability to pay for the treatment.
|
(4) A minor on probation or conditional discharge shall be |
given a
certificate setting forth the conditions upon which he |
or she is being
released.
|
|
(5) The court shall impose upon a minor placed on probation |
or conditional
discharge, as a condition of the probation or |
conditional discharge, a fee of
$50 for each month of probation |
or conditional discharge supervision ordered by
the court, |
unless after determining the inability of the minor placed on
|
probation or conditional discharge to pay the fee, the court |
assesses a lesser
amount. The court may not impose the fee on a |
minor who is made a ward of the
State under this Act while the |
minor is in placement. The fee shall be
imposed only upon a |
minor who is actively supervised by the probation and court
|
services department. The court may order the parent, guardian, |
or legal
custodian of the minor to pay some or all of the fee on |
the minor's behalf.
|
(6) The General Assembly finds that in order to protect the |
public, the
juvenile justice system must compel compliance with |
the conditions of probation
by responding to violations with |
swift, certain, and fair punishments and
intermediate |
sanctions. The Chief Judge of each circuit shall adopt a system
|
of structured, intermediate sanctions for violations of the |
terms and
conditions of a sentence of supervision, probation or |
conditional discharge,
under this
Act.
|
The court shall provide as a condition of a disposition of |
probation,
conditional discharge, or supervision, that the |
probation agency may invoke any
sanction from the list of |
intermediate sanctions adopted by the chief judge of
the |
circuit court for violations of the terms and conditions of the |
|
sentence of
probation, conditional discharge, or supervision, |
subject to the provisions of
Section 5-720 of this Act.
|
(Source: P.A. 96-1414, eff. 1-1-11.)
|
Section 15-30. The Code of Criminal Procedure of 1963 is |
amended by changing Sections 111-8, 115-10, 115-10.3, 124B-10, |
124B-100, 124B-600, 124B-700, 124B-710, and 124B-905 as |
follows:
|
(725 ILCS 5/111-8) (from Ch. 38, par. 111-8)
|
Sec. 111-8. Orders of protection to prohibit domestic |
violence.
|
(a) Whenever
a violation of Section 9-1, 9-2, 9-3, 10-3, |
10-3.1, 10-4, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50, |
11-1.60, 11-14.3 that involves soliciting for a prostitute, |
11-14.4 that involves soliciting for a juvenile prostitute, |
11-15, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, 11-20a, 12-1,
|
12-2,
12-3, 12-3.05, 12-3.2, 12-3.3, 12-3.5, 12-4, 12-4.1, |
12-4.3,
12-4.6, 12-5, 12-6, 12-6.3, 12-7.3, 12-7.4, 12-7.5, |
12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 19-4, 19-6, 21-1, |
21-2, or 21-3 , or 26.5-2
of the Criminal Code of 1961 or |
Section 1-1 of the Harassing and Obscene Communications Act is |
alleged in an information, complaint or indictment
on file, and |
the alleged offender and victim are family or household |
members,
as defined in the Illinois Domestic Violence Act, as |
now or hereafter amended,
the People through the respective |
|
State's Attorneys may by separate petition
and upon notice to |
the defendant, except as provided in subsection (c) herein,
|
request the court to issue an order of protection.
|
(b) In addition to any other remedies specified in Section |
208 of the
Illinois Domestic Violence Act, as now or hereafter |
amended, the order may
direct the defendant
to initiate no |
contact with the alleged victim or victims who are family
or |
household members and to refrain from entering the residence, |
school
or place of business of the alleged victim or victims.
|
(c) The court may grant emergency relief without notice |
upon a showing
of immediate and present danger of abuse to the |
victim or minor children of the
victim and may enter a |
temporary order pending notice and full hearing on the
matter.
|
(Source: P.A. 96-1551, Article 1, Section 965, eff. 7-1-11; |
P.A. 96-1551, Article 2, Section 1040, eff. 7-1-11; revised |
9-30-11.)
|
(725 ILCS 5/115-10) (from Ch. 38, par. 115-10)
|
Sec. 115-10. Certain hearsay exceptions.
|
(a) In a prosecution for a physical or sexual act |
perpetrated upon or
against a child under the age of 13, or a
|
person who was a moderately, severely, or
profoundly |
intellectually disabled person as
defined in this
Code and in |
Section 2-10.1 of the
Criminal Code of 1961 at the time the act |
was committed, including but not
limited to prosecutions for |
violations of Sections 11-1.20 through 11-1.60 or 12-13 through |
|
12-16 of the
Criminal Code of 1961 and prosecutions for |
violations of Sections
10-1 (kidnapping), 10-2 (aggravated |
kidnapping), 10-3 (unlawful restraint), 10-3.1 (aggravated |
unlawful restraint), 10-4 (forcible detention), 10-5 (child |
abduction), 10-6 (harboring a runaway), 10-7 (aiding or |
abetting child abduction), 11-9 (public indecency), 11-11 |
(sexual relations within families), 11-21 (harmful material), |
12-1 (assault), 12-2 (aggravated assault), 12-3 (battery), |
12-3.2 (domestic battery), 12-3.3 (aggravated domestic |
battery), 12-3.05 or
12-4 (aggravated battery), 12-4.1 |
(heinous battery), 12-4.2 (aggravated battery with a firearm), |
12-4.3 (aggravated battery of a child), 12-4.7 (drug induced |
infliction of great bodily harm), 12-5 (reckless conduct), 12-6 |
(intimidation), 12-6.1 or 12-6.5 (compelling organization |
membership of persons), 12-7.1 (hate crime), 12-7.3 |
(stalking),
12-7.4 (aggravated stalking), 12-10 (tattooing |
body of minor), 12-11 or 19-6 (home invasion), 12-21.5 (child |
abandonment), 12-21.6 (endangering the life or health of a |
child) or 12-32 (ritual mutilation) of the Criminal Code of
|
1961 or any sex offense as defined in subsection (B) of Section |
2 of the Sex Offender Registration Act, the following evidence |
shall be admitted as an exception to the
hearsay rule:
|
(1) testimony by the victim of an out of court |
statement made by the
victim that he or
she complained of |
such act to another; and
|
(2) testimony of an out of court statement made by the |
|
victim describing
any complaint of such act or matter or |
detail pertaining to any act which is an
element of an |
offense which is the subject of a prosecution for a sexual |
or
physical act against that victim.
|
(b) Such testimony shall only be admitted if:
|
(1) The court finds in a hearing conducted outside the |
presence of the
jury that the time, content, and |
circumstances of the statement provide
sufficient |
safeguards of reliability; and
|
(2) The child or moderately, severely, or
profoundly |
intellectually disabled person either:
|
(A) testifies at the proceeding; or
|
(B) is unavailable as a witness and there is |
corroborative evidence of
the act which is the subject |
of the statement; and
|
(3) In a case involving an offense perpetrated against |
a child under the
age of 13, the out of court statement was |
made before the
victim attained 13 years of age or within 3 |
months after the commission of the
offense, whichever |
occurs later, but the statement may be admitted regardless
|
of the age of
the victim at the time of the proceeding.
|
(c) If a statement is admitted pursuant to this Section, |
the court shall
instruct the jury that it is for the jury to |
determine the weight and
credibility to be given the statement |
and that, in making the determination,
it shall consider the |
age and maturity of the child, or the
intellectual capabilities |
|
of the moderately,
severely,
or profoundly intellectually |
disabled
person, the nature of the statement, the circumstances |
under which the
statement was made, and any other relevant |
factor.
|
(d) The proponent of the statement shall give the adverse |
party
reasonable notice of his intention to offer the statement |
and the
particulars of the statement.
|
(e) Statements described in paragraphs (1) and (2) of |
subsection (a) shall
not be excluded on the basis that they |
were obtained as a result of interviews
conducted pursuant to a |
protocol adopted by a Child Advocacy Advisory Board as
set |
forth in subsections (c), (d), and (e) of Section 3 of the |
Children's
Advocacy Center Act or that an interviewer or |
witness to the interview was or
is an employee, agent, or |
investigator of a State's Attorney's office.
|
(Source: P.A. 95-892, eff. 1-1-09; 96-710, eff. 1-1-10; |
96-1551, Article 1, Section 965, eff. 7-1-11; 96-1551, Article |
2, Section 1040, eff. 7-1-11; 97-227, eff. 1-1-12; revised |
9-14-11.)
|
(725 ILCS 5/115-10.3)
|
Sec. 115-10.3. Hearsay exception regarding elder adults.
|
(a) In a prosecution for a physical act, abuse, neglect, or |
financial
exploitation
perpetrated upon or against an eligible |
adult, as defined in
the Elder Abuse
and Neglect
Act, who has |
been diagnosed by a physician to suffer from (i) any form of
|
|
dementia, developmental disability, or other form of mental |
incapacity or (ii)
any physical infirmity, including but not |
limited to
prosecutions for violations of Sections 10-1, 10-2, |
10-3, 10-3.1, 10-4, 11-1.20, 11-1.30, 11-1.40, 11-1.50, |
11-1.60, 11-11,
12-1, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.3, |
12-4, 12-4.1, 12-4.2, 12-4.5, 12-4.6, 12-4.7, 12-5, 12-6, |
12-7.3, 12-7.4, 12-11, 12-11.1, 12-13, 12-14, 12-15, 12-16, |
12-21,
16-1, 16-1.3, 17-1, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, |
18-5, 18-6, 19-6, 20-1.1,
24-1.2, and 33A-2, or subsection (b) |
of Section 12-4.4a, of the
Criminal Code of 1961, the following |
evidence shall be admitted
as an exception to the hearsay rule:
|
(1) testimony by an eligible adult, of an out of court |
statement made by
the eligible adult, that he or she |
complained of such act to another; and
|
(2) testimony of an out of court statement made by the
|
eligible adult,
describing any complaint of such act or |
matter or detail pertaining to any act
which is an element |
of an offense which is the subject of a prosecution for
a |
physical act, abuse, neglect, or financial exploitation |
perpetrated
upon or
against the eligible adult.
|
(b) Such testimony shall only be admitted if:
|
(1) The court finds in a hearing conducted outside the |
presence of the
jury that the time, content, and |
circumstances of the statement provide
sufficient |
safeguards of reliability; and
|
(2) The eligible adult either:
|
|
(A) testifies at the proceeding; or
|
(B) is unavailable as a witness and there is |
corroborative evidence of
the act which is the subject |
of the statement.
|
(c) If a statement is admitted pursuant to this Section, |
the court shall
instruct the jury that it is for the jury to |
determine the weight and
credibility to be given the statement |
and that, in making the determination, it
shall consider the |
condition of the eligible adult, the nature of
the
statement, |
the circumstances under which the statement was made, and any |
other
relevant factor.
|
(d) The proponent of the statement shall give the adverse |
party reasonable
notice of his or her intention to offer the |
statement and the particulars of
the statement.
|
(Source: P.A. 96-1551, Article 1, Section 965, eff. 7-1-11; |
96-1551, Article 2, Section 1040, eff. 7-1-11; 96-1551, Article |
10, Section 10-145, eff. 7-1-11; revised 9-30-11.)
|
(725 ILCS 5/124B-10) |
Sec. 124B-10. Applicability; offenses. This Article |
applies to forfeiture of property in connection with the |
following: |
(1) A violation of Section 10A-10 of the Criminal Code |
of 1961 (involuntary servitude; involuntary servitude of a |
minor; trafficking of persons for forced labor or |
services). |
|
(2) A violation of subdivision (a)(1) of Section |
11-14.4 of the Criminal Code of 1961 (promoting juvenile |
prostitution) or a violation of Section 11-17.1 of the |
Criminal Code of 1961 (keeping a place of juvenile |
prostitution). |
(3) A violation of subdivision (a)(4) of Section |
11-14.4 of the Criminal Code of 1961 (promoting juvenile |
prostitution) or a violation of Section 11-19.2 of the |
Criminal Code of 1961 (exploitation of a child). |
(4) A violation of Section 11-20 of the Criminal Code |
of 1961 (obscenity). |
(5) A second or subsequent violation of Section 11-20.1 |
of the Criminal Code of 1961 (child pornography). |
(6) A violation of Section 11-20.1B or 11-20.3 of the |
Criminal Code of 1961 (aggravated child pornography). |
(7) A violation of Section 17-50 16D-5 of the Criminal |
Code of 1961 (computer fraud). |
(8) A felony violation of Section 17-6.3 Article 17B of |
the Criminal Code of 1961 (WIC fraud). |
(9) A felony violation of Section 48-1 26-5 of the |
Criminal Code of 1961 (dog fighting). |
(10) A violation of Article 29D of the Criminal Code of |
1961 (terrorism). |
(11) A felony violation of Section 4.01 of the Humane |
Care for Animals Act (animals in entertainment).
|
(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11 .)
|
|
(725 ILCS 5/124B-100) |
Sec. 124B-100. Definition; "offense". For purposes of this |
Article, "offense" is defined as follows: |
(1) In the case of forfeiture authorized under Section |
10A-15 of the Criminal Code of 1961, "offense" means the |
offense of involuntary servitude, involuntary servitude of |
a minor, or trafficking of persons for forced labor or |
services in violation of Section 10A-10 of that Code. |
(2) In the case of forfeiture authorized under |
subdivision (a)(1) of Section 11-14.4, or Section 11-17.1, |
of the Criminal Code of 1961, "offense" means the offense |
of promoting juvenile prostitution or keeping a place of |
juvenile prostitution in violation of subdivision (a)(1) |
of Section 11-14.4, or Section 11-17.1, of that Code. |
(3) In the case of forfeiture authorized under |
subdivision (a)(4) of Section 11-14.4, or Section 11-19.2, |
of the Criminal Code of 1961, "offense" means the offense |
of promoting juvenile prostitution or exploitation of a |
child in violation of subdivision (a)(4) of Section |
11-14.4, or Section 11-19.2, of that Code. |
(4) In the case of forfeiture authorized under Section |
11-20 of the Criminal Code of 1961, "offense" means the |
offense of obscenity in violation of that Section. |
(5) In the case of forfeiture authorized under Section |
11-20.1 of the Criminal Code of 1961, "offense" means the |
|
offense of child pornography in violation of Section |
11-20.1 of that Code. |
(6) In the case of forfeiture authorized under Section |
11-20.1B or 11-20.3 of the Criminal Code of 1961, "offense" |
means the offense of aggravated child pornography in |
violation of Section 11-20.1B or 11-20.3 of that Code. |
(7) In the case of forfeiture authorized under Section |
17-50 16D-6 of the Criminal Code of 1961, "offense" means |
the offense of computer fraud in violation of Section 17-50 |
16D-5 of that Code. |
(8) In the case of forfeiture authorized under Section |
17-6.3 17B-25 of the Criminal Code of 1961, "offense" means |
any felony violation of Section 17-6.3 Article 17B of that |
Code. |
(9) In the case of forfeiture authorized under Section |
29D-65 of the Criminal Code of 1961, "offense" means any |
offense under Article 29D of that Code. |
(10) In the case of forfeiture authorized under Section |
4.01 of the Humane Care for Animals Act or Section 48-1 |
26-5 of the Criminal Code of 1961, "offense" means any |
felony offense under either of those Sections.
|
(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11 .)
|
(725 ILCS 5/124B-600)
|
Sec. 124B-600. Persons and property subject to forfeiture. |
A person who commits the offense of computer fraud as set forth |
|
in Section 17-50 16D-5 of the Criminal Code of 1961 shall |
forfeit any property that the sentencing court determines, |
after a forfeiture hearing under this Article, the person has |
acquired or maintained, directly or indirectly, in whole or in |
part, as a result of that offense. The person shall also |
forfeit any interest in, securities of, claim against, or |
contractual right of any kind that affords the person a source |
of influence over any enterprise that the person has |
established, operated, controlled, conducted, or participated |
in conducting, if the person's relationship to or connection |
with any such thing or activity directly or indirectly, in |
whole or in part, is traceable to any item or benefit that the |
person has obtained or acquired through computer fraud.
|
(Source: P.A. 96-712, eff. 1-1-10.)
|
(725 ILCS 5/124B-700)
|
Sec. 124B-700. Persons and property subject to forfeiture. |
A person who commits a felony violation of Article 17-6.3 17B |
of the Criminal Code of 1961 shall forfeit any property that |
the sentencing court determines, after a forfeiture hearing |
under this Article, (i) the person has acquired, in whole or in |
part, as a result of committing the violation or (ii) the |
person has maintained or used, in whole or in part, to |
facilitate, directly or indirectly, the commission of the |
violation. The person shall also forfeit any interest in, |
securities of, claim against, or contractual right of any kind |
|
that affords the person a source of influence over any |
enterprise that the person has established, operated, |
controlled, conducted, or participated in conducting, if the |
person's relationship to or connection with any such thing or |
activity directly or indirectly, in whole or in part, is |
traceable to any item or benefit that the person has obtained |
or acquired as a result of a felony violation of Article 17-6.3 |
17B of the Criminal Code of 1961. Property subject to |
forfeiture under this Part 700 includes the following: |
(1) All moneys, things of value, books, records, and |
research products and materials that are used or intended |
to be used in committing a felony violation of Article |
17-6.3 17B of the Criminal Code of 1961. |
(2) Everything of value furnished, or intended to be |
furnished, in exchange for a substance in violation of |
Article 17-6.3 17B of the Criminal Code of 1961; all |
proceeds traceable to that exchange; and all moneys, |
negotiable instruments, and securities used or intended to |
be used to commit or in any manner to facilitate the |
commission of a felony violation of Article 17-6.3 17B of |
the Criminal Code of 1961. |
(3) All real property, including any right, title, and |
interest (including, but not limited to, any leasehold |
interest or the beneficial interest in a land trust) in the |
whole of any lot or tract of land and any appurtenances or |
improvements, that is used or intended to be used, in any |
|
manner or part, to commit or in any manner to facilitate |
the commission of a felony violation of Article 17-6.3 17B |
of the Criminal Code of 1961 or that is the proceeds of any |
act that constitutes a felony violation of Article 17-6.3 |
17B of the Criminal Code of 1961.
|
(Source: P.A. 96-712, eff. 1-1-10.)
|
(725 ILCS 5/124B-710) |
Sec. 124B-710. Sale of forfeited property by Director of |
State Police; return to seizing agency or prosecutor. |
(a) The court shall authorize the Director of State Police |
to seize any property declared forfeited under this Article on |
terms and conditions the court deems proper. |
(b) When property is forfeited under this Part 700, the |
Director of State Police shall sell the property unless the |
property is required by law to be destroyed or is harmful to |
the public. The Director shall distribute the proceeds of the |
sale, together with any moneys forfeited or seized, in |
accordance with Section 124B-715. |
(c) On the application of the seizing agency or prosecutor |
who was responsible for the investigation, arrest, and |
prosecution that lead to the forfeiture, however, the Director |
may return any item of forfeited property to the seizing agency |
or prosecutor for official use in the enforcement of laws |
relating to Article 17-6.3 17B of the Criminal Code of 1961 if |
the agency or prosecutor can demonstrate that the item |
|
requested would be useful to the agency or prosecutor in their |
enforcement efforts. When any real property returned to the |
seizing agency is sold by the agency or its unit of government, |
the proceeds of the sale shall be delivered to the Director and |
distributed in accordance with Section 124B-715.
|
(Source: P.A. 96-712, eff. 1-1-10.)
|
(725 ILCS 5/124B-905)
|
Sec. 124B-905. Persons and property subject to forfeiture. |
A person who commits a felony violation of Section 4.01 of the |
Humane Care for Animals Act or a felony violation of Section |
48-1 26-5 of the Criminal Code of 1961 shall forfeit the |
following: |
(1) Any moneys, profits, or proceeds the person |
acquired, in whole or in part, as a result of committing |
the violation. |
(2) Any real property or interest in real property that |
the sentencing court determines, after a forfeiture |
hearing under this Article, (i) the person has acquired, in |
whole or in part, as a result of committing the violation |
or (ii) the person has maintained or used, in whole or in |
part, to facilitate, directly or indirectly, the |
commission of the violation. Real property subject to |
forfeiture under this Part 900 includes property that |
belongs to any of the following: |
(A) The person organizing the show, exhibition, |
|
program, or other activity described in subsections |
(a) through (g) of Section 4.01 of the Humane Care for |
Animals Act or Section 48-1 26-5 of the Criminal Code |
of 1961. |
(B) Any other person participating in the activity |
described in subsections (a) through (g) of Section |
4.01 of the Humane Care for Animals Act or Section 48-1 |
26-5 of the Criminal Code of 1961 who is related to the |
organization and operation of the activity. |
(C) Any person who knowingly allowed the |
activities to occur on his or her premises. |
The person shall also forfeit any interest in, securities |
of, claim against, or contractual right of any kind that |
affords the person a source of influence over any enterprise |
that the person has established, operated, controlled, |
conducted, or participated in conducting, if the person's |
relationship to or connection with any such thing or activity |
directly or indirectly, in whole or in part, is traceable to |
any item or benefit that the person has obtained or acquired as |
a result of a felony violation of Section 4.01 of the Humane |
Care for Animals Act or a felony violation of Section 48-1 26-5 |
of the Criminal Code of 1961.
|
(Source: P.A. 96-712, eff. 1-1-10.)
|
Section 15-35. The Unified Code of Corrections is amended |
by changing Sections 5-5-3, 5-5-3.2, 5-5-5, 5-6-1 and 5-8-4 as |
|
follows:
|
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
|
Sec. 5-5-3. Disposition.
|
(a) (Blank).
|
(b) (Blank).
|
(c) (1) (Blank).
|
(2) A period of probation, a term of periodic |
imprisonment or
conditional discharge shall not be imposed |
for the following offenses.
The court shall sentence the |
offender to not less than the minimum term
of imprisonment |
set forth in this Code for the following offenses, and
may |
order a fine or restitution or both in conjunction with |
such term of
imprisonment:
|
(A) First degree murder where the death penalty is |
not imposed.
|
(B) Attempted first degree murder.
|
(C) A Class X felony.
|
(D) A violation of Section 401.1 or 407 of the
|
Illinois Controlled Substances Act, or a violation of |
subdivision (c)(1), (c)(1.5), or
(c)(2) of
Section 401 |
of that Act which relates to more than 5 grams of a |
substance
containing heroin, cocaine, fentanyl, or an |
analog thereof.
|
(E) A violation of Section 5.1 or 9 of the Cannabis |
Control
Act.
|
|
(F) A Class 2 or greater felony if the offender had |
been convicted
of a Class 2 or greater felony, |
including any state or federal conviction for an |
offense that contained, at the time it was committed, |
the same elements as an offense now (the date of the |
offense committed after the prior Class 2 or greater |
felony) classified as a Class 2 or greater felony, |
within 10 years of the date on which the
offender
|
committed the offense for which he or she is being |
sentenced, except as
otherwise provided in Section |
40-10 of the Alcoholism and Other Drug Abuse and
|
Dependency Act.
|
(F-5) A violation of Section 24-1, 24-1.1, or |
24-1.6 of the Criminal Code of 1961 for which |
imprisonment is prescribed in those Sections.
|
(G) Residential burglary, except as otherwise |
provided in Section 40-10
of the Alcoholism and Other |
Drug Abuse and Dependency Act.
|
(H) Criminal sexual assault.
|
(I) Aggravated battery of a senior citizen as |
described in Section 12-4.6 or subdivision (a)(4) of |
Section 12-3.05.
|
(J) A forcible felony if the offense was related to |
the activities of an
organized gang.
|
Before July 1, 1994, for the purposes of this |
paragraph, "organized
gang" means an association of 5 |
|
or more persons, with an established hierarchy,
that |
encourages members of the association to perpetrate |
crimes or provides
support to the members of the |
association who do commit crimes.
|
Beginning July 1, 1994, for the purposes of this |
paragraph,
"organized gang" has the meaning ascribed |
to it in Section 10 of the Illinois
Streetgang |
Terrorism Omnibus Prevention Act.
|
(K) Vehicular hijacking.
|
(L) A second or subsequent conviction for the |
offense of hate crime
when the underlying offense upon |
which the hate crime is based is felony
aggravated
|
assault or felony mob action.
|
(M) A second or subsequent conviction for the |
offense of institutional
vandalism if the damage to the |
property exceeds $300.
|
(N) A Class 3 felony violation of paragraph (1) of |
subsection (a) of
Section 2 of the Firearm Owners |
Identification Card Act.
|
(O) A violation of Section 12-6.1 or 12-6.5 of the |
Criminal Code of 1961.
|
(P) A violation of paragraph (1), (2), (3), (4), |
(5), or (7) of
subsection (a)
of Section 11-20.1 of the |
Criminal Code of 1961.
|
(Q) A violation of subsection (b) or (b-5) of |
Section 20-1, Section 20-1.2 or 20-1.3 of the Criminal |
|
Code of
1961.
|
(R) A violation of Section 24-3A of the Criminal |
Code of
1961.
|
(S) (Blank).
|
(T) A second or subsequent violation of the |
Methamphetamine Control and Community Protection Act.
|
(U) A second or subsequent violation of Section |
6-303 of the Illinois Vehicle Code committed while his |
or her driver's license, permit, or privilege was |
revoked because of a violation of Section 9-3 of the |
Criminal Code of 1961, relating to the offense of |
reckless homicide, or a similar provision of a law of |
another state.
|
(V)
A violation of paragraph (4) of subsection (c) |
of Section 11-20.1B or paragraph (4) of subsection (c) |
of Section 11-20.3 of the Criminal Code of 1961. |
(W) A violation of Section 24-3.5 of the Criminal |
Code of 1961.
|
(X) A violation of subsection (a) of Section 31-1a |
of the Criminal Code of 1961. |
(Y) A conviction for unlawful possession of a |
firearm by a street gang member when the firearm was |
loaded or contained firearm ammunition. |
(Z) A Class 1 felony committed while he or she was |
serving a term of probation or conditional discharge |
for a felony. |
|
(AA) Theft of property exceeding $500,000 and not |
exceeding $1,000,000 in value. |
(BB) Laundering of criminally derived property of |
a value exceeding
$500,000. |
(CC) Knowingly selling, offering for sale, holding |
for sale, or using 2,000 or more counterfeit items or |
counterfeit items having a retail value in the |
aggregate of $500,000 or more. |
(DD) A conviction for aggravated assault under |
paragraph (6) of subsection (c) of Section 12-2 of the |
Criminal Code of 1961 if the firearm is aimed toward |
the person against whom the firearm is being used.
|
(3) (Blank).
|
(4) A minimum term of imprisonment of not less than 10
|
consecutive days or 30 days of community service shall be |
imposed for a
violation of paragraph (c) of Section 6-303 |
of the Illinois Vehicle Code.
|
(4.1) (Blank).
|
(4.2) Except as provided in paragraphs (4.3) and (4.8) |
of this subsection (c), a
minimum of
100 hours of community |
service shall be imposed for a second violation of
Section |
6-303
of the Illinois Vehicle Code.
|
(4.3) A minimum term of imprisonment of 30 days or 300 |
hours of community
service, as determined by the court, |
shall
be imposed for a second violation of subsection (c) |
of Section 6-303 of the
Illinois Vehicle Code.
|
|
(4.4) Except as provided in paragraphs
(4.5), (4.6), |
and (4.9) of this
subsection (c), a
minimum term of |
imprisonment of 30 days or 300 hours of community service, |
as
determined by the court, shall
be imposed
for a third or |
subsequent violation of Section 6-303 of the Illinois |
Vehicle
Code.
|
(4.5) A minimum term of imprisonment of 30 days
shall |
be imposed for a third violation of subsection (c) of
|
Section 6-303 of the Illinois Vehicle Code.
|
(4.6) Except as provided in paragraph (4.10) of this |
subsection (c), a minimum term of imprisonment of 180 days |
shall be imposed for a
fourth or subsequent violation of |
subsection (c) of Section 6-303 of the
Illinois Vehicle |
Code.
|
(4.7) A minimum term of imprisonment of not less than |
30 consecutive days, or 300 hours of community service, |
shall be imposed for a violation of subsection (a-5) of |
Section 6-303 of the Illinois Vehicle Code, as provided in |
subsection (b-5) of that Section.
|
(4.8) A mandatory prison sentence shall be imposed for |
a second violation of subsection (a-5) of Section 6-303 of |
the Illinois Vehicle Code, as provided in subsection (c-5) |
of that Section. The person's driving privileges shall be |
revoked for a period of not less than 5 years from the date |
of his or her release from prison.
|
(4.9) A mandatory prison sentence of not less than 4 |
|
and not more than 15 years shall be imposed for a third |
violation of subsection (a-5) of Section 6-303 of the |
Illinois Vehicle Code, as provided in subsection (d-2.5) of |
that Section. The person's driving privileges shall be |
revoked for the remainder of his or her life.
|
(4.10) A mandatory prison sentence for a Class 1 felony |
shall be imposed, and the person shall be eligible for an |
extended term sentence, for a fourth or subsequent |
violation of subsection (a-5) of Section 6-303 of the |
Illinois Vehicle Code, as provided in subsection (d-3.5) of |
that Section. The person's driving privileges shall be |
revoked for the remainder of his or her life.
|
(5) The court may sentence a corporation or |
unincorporated
association convicted of any offense to:
|
(A) a period of conditional discharge;
|
(B) a fine;
|
(C) make restitution to the victim under Section |
5-5-6 of this Code.
|
(5.1) In addition to any other penalties imposed, and |
except as provided in paragraph (5.2) or (5.3), a person
|
convicted of violating subsection (c) of Section 11-907 of |
the Illinois
Vehicle Code shall have his or her driver's |
license, permit, or privileges
suspended for at least 90 |
days but not more than one year, if the violation
resulted |
in damage to the property of another person.
|
(5.2) In addition to any other penalties imposed, and |
|
except as provided in paragraph (5.3), a person convicted
|
of violating subsection (c) of Section 11-907 of the |
Illinois Vehicle Code
shall have his or her driver's |
license, permit, or privileges suspended for at
least 180 |
days but not more than 2 years, if the violation resulted |
in injury
to
another person.
|
(5.3) In addition to any other penalties imposed, a |
person convicted of violating subsection (c) of Section
|
11-907 of the Illinois Vehicle Code shall have his or her |
driver's license,
permit, or privileges suspended for 2 |
years, if the violation resulted in the
death of another |
person.
|
(5.4) In addition to any other penalties imposed, a |
person convicted of violating Section 3-707 of the Illinois |
Vehicle Code shall have his or her driver's license, |
permit, or privileges suspended for 3 months and until he |
or she has paid a reinstatement fee of $100. |
(5.5) In addition to any other penalties imposed, a |
person convicted of violating Section 3-707 of the Illinois |
Vehicle Code during a period in which his or her driver's |
license, permit, or privileges were suspended for a |
previous violation of that Section shall have his or her |
driver's license, permit, or privileges suspended for an |
additional 6 months after the expiration of the original |
3-month suspension and until he or she has paid a |
reinstatement fee of $100.
|
|
(6) (Blank).
|
(7) (Blank).
|
(8) (Blank).
|
(9) A defendant convicted of a second or subsequent |
offense of ritualized
abuse of a child may be sentenced to |
a term of natural life imprisonment.
|
(10) (Blank).
|
(11) The court shall impose a minimum fine of $1,000 |
for a first offense
and $2,000 for a second or subsequent |
offense upon a person convicted of or
placed on supervision |
for battery when the individual harmed was a sports
|
official or coach at any level of competition and the act |
causing harm to the
sports
official or coach occurred |
within an athletic facility or within the immediate |
vicinity
of the athletic facility at which the sports |
official or coach was an active
participant
of the athletic |
contest held at the athletic facility. For the purposes of
|
this paragraph (11), "sports official" means a person at an |
athletic contest
who enforces the rules of the contest, |
such as an umpire or referee; "athletic facility" means an |
indoor or outdoor playing field or recreational area where |
sports activities are conducted;
and "coach" means a person |
recognized as a coach by the sanctioning
authority that |
conducted the sporting event. |
(12) A person may not receive a disposition of court |
supervision for a
violation of Section 5-16 of the Boat |
|
Registration and Safety Act if that
person has previously |
received a disposition of court supervision for a
violation |
of that Section.
|
(13) A person convicted of or placed on court |
supervision for an assault or aggravated assault when the |
victim and the offender are family or household members as |
defined in Section 103 of the Illinois Domestic Violence |
Act of 1986 or convicted of domestic battery or aggravated |
domestic battery may be required to attend a Partner Abuse |
Intervention Program under protocols set forth by the |
Illinois Department of Human Services under such terms and |
conditions imposed by the court. The costs of such classes |
shall be paid by the offender.
|
(d) In any case in which a sentence originally imposed is |
vacated,
the case shall be remanded to the trial court. The |
trial court shall
hold a hearing under Section 5-4-1 of the |
Unified Code of Corrections
which may include evidence of the |
defendant's life, moral character and
occupation during the |
time since the original sentence was passed. The
trial court |
shall then impose sentence upon the defendant. The trial
court |
may impose any sentence which could have been imposed at the
|
original trial subject to Section 5-5-4 of the Unified Code of |
Corrections.
If a sentence is vacated on appeal or on |
collateral attack due to the
failure of the trier of fact at |
trial to determine beyond a reasonable doubt
the
existence of a |
fact (other than a prior conviction) necessary to increase the
|
|
punishment for the offense beyond the statutory maximum |
otherwise applicable,
either the defendant may be re-sentenced |
to a term within the range otherwise
provided or, if the State |
files notice of its intention to again seek the
extended |
sentence, the defendant shall be afforded a new trial.
|
(e) In cases where prosecution for
aggravated criminal |
sexual abuse under Section 11-1.60 or 12-16 of the
Criminal |
Code of 1961 results in conviction of a defendant
who was a |
family member of the victim at the time of the commission of |
the
offense, the court shall consider the safety and welfare of |
the victim and
may impose a sentence of probation only where:
|
(1) the court finds (A) or (B) or both are appropriate:
|
(A) the defendant is willing to undergo a court |
approved counseling
program for a minimum duration of 2 |
years; or
|
(B) the defendant is willing to participate in a |
court approved plan
including but not limited to the |
defendant's:
|
(i) removal from the household;
|
(ii) restricted contact with the victim;
|
(iii) continued financial support of the |
family;
|
(iv) restitution for harm done to the victim; |
and
|
(v) compliance with any other measures that |
the court may
deem appropriate; and
|
|
(2) the court orders the defendant to pay for the |
victim's counseling
services, to the extent that the court |
finds, after considering the
defendant's income and |
assets, that the defendant is financially capable of
paying |
for such services, if the victim was under 18 years of age |
at the
time the offense was committed and requires |
counseling as a result of the
offense.
|
Probation may be revoked or modified pursuant to Section |
5-6-4; except
where the court determines at the hearing that |
the defendant violated a
condition of his or her probation |
restricting contact with the victim or
other family members or |
commits another offense with the victim or other
family |
members, the court shall revoke the defendant's probation and
|
impose a term of imprisonment.
|
For the purposes of this Section, "family member" and |
"victim" shall have
the meanings ascribed to them in Section |
11-0.1 of the Criminal Code of
1961.
|
(f) (Blank).
|
(g) Whenever a defendant is convicted of an offense under |
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, |
11-14.3, 11-14.4 except for an offense that involves keeping a |
place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, |
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, |
12-14.1, 12-15 or 12-16 of the Criminal Code of 1961,
the |
defendant shall undergo medical testing to
determine whether |
the defendant has any sexually transmissible disease,
|
|
including a test for infection with human immunodeficiency |
virus (HIV) or
any other identified causative agent of acquired |
immunodeficiency syndrome
(AIDS). Any such medical test shall |
be performed only by appropriately
licensed medical |
practitioners and may include an analysis of any bodily
fluids |
as well as an examination of the defendant's person.
Except as |
otherwise provided by law, the results of such test shall be |
kept
strictly confidential by all medical personnel involved in |
the testing and must
be personally delivered in a sealed |
envelope to the judge of the court in which
the conviction was |
entered for the judge's inspection in camera. Acting in
|
accordance with the best interests of the victim and the |
public, the judge
shall have the discretion to determine to |
whom, if anyone, the results of the
testing may be revealed. |
The court shall notify the defendant
of the test results. The |
court shall
also notify the victim if requested by the victim, |
and if the victim is under
the age of 15 and if requested by the |
victim's parents or legal guardian, the
court shall notify the |
victim's parents or legal guardian of the test
results.
The |
court shall provide information on the availability of HIV |
testing
and counseling at Department of Public Health |
facilities to all parties to
whom the results of the testing |
are revealed and shall direct the State's
Attorney to provide |
the information to the victim when possible.
A State's Attorney |
may petition the court to obtain the results of any HIV test
|
administered under this Section, and the court shall grant the |
|
disclosure if
the State's Attorney shows it is relevant in |
order to prosecute a charge of
criminal transmission of HIV |
under Section 12-5.01 or 12-16.2 of the Criminal Code of 1961
|
against the defendant. The court shall order that the cost of |
any such test
shall be paid by the county and may be taxed as |
costs against the convicted
defendant.
|
(g-5) When an inmate is tested for an airborne communicable |
disease, as
determined by the Illinois Department of Public |
Health including but not
limited to tuberculosis, the results |
of the test shall be
personally delivered by the warden or his |
or her designee in a sealed envelope
to the judge of the court |
in which the inmate must appear for the judge's
inspection in |
camera if requested by the judge. Acting in accordance with the
|
best interests of those in the courtroom, the judge shall have |
the discretion
to determine what if any precautions need to be |
taken to prevent transmission
of the disease in the courtroom.
|
(h) Whenever a defendant is convicted of an offense under |
Section 1 or 2
of the Hypodermic Syringes and Needles Act, the |
defendant shall undergo
medical testing to determine whether |
the defendant has been exposed to human
immunodeficiency virus |
(HIV) or any other identified causative agent of
acquired |
immunodeficiency syndrome (AIDS). Except as otherwise provided |
by
law, the results of such test shall be kept strictly |
confidential by all
medical personnel involved in the testing |
and must be personally delivered in a
sealed envelope to the |
judge of the court in which the conviction was entered
for the |
|
judge's inspection in camera. Acting in accordance with the |
best
interests of the public, the judge shall have the |
discretion to determine to
whom, if anyone, the results of the |
testing may be revealed. The court shall
notify the defendant |
of a positive test showing an infection with the human
|
immunodeficiency virus (HIV). The court shall provide |
information on the
availability of HIV testing and counseling |
at Department of Public Health
facilities to all parties to |
whom the results of the testing are revealed and
shall direct |
the State's Attorney to provide the information to the victim |
when
possible. A State's Attorney may petition the court to |
obtain the results of
any HIV test administered under this |
Section, and the court shall grant the
disclosure if the |
State's Attorney shows it is relevant in order to prosecute a
|
charge of criminal transmission of HIV under Section 12-5.01 or |
12-16.2 of the Criminal
Code of 1961 against the defendant. The |
court shall order that the cost of any
such test shall be paid |
by the county and may be taxed as costs against the
convicted |
defendant.
|
(i) All fines and penalties imposed under this Section for |
any violation
of Chapters 3, 4, 6, and 11 of the Illinois |
Vehicle Code, or a similar
provision of a local ordinance, and |
any violation
of the Child Passenger Protection Act, or a |
similar provision of a local
ordinance, shall be collected and |
disbursed by the circuit
clerk as provided under Section 27.5 |
of the Clerks of Courts Act.
|
|
(j) In cases when prosecution for any violation of Section |
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, |
11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, |
11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, |
11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, |
12-15, or
12-16 of the
Criminal Code of 1961, any violation of |
the Illinois Controlled Substances Act,
any violation of the |
Cannabis Control Act, or any violation of the Methamphetamine |
Control and Community Protection Act results in conviction, a
|
disposition of court supervision, or an order of probation |
granted under
Section 10 of the Cannabis Control Act, Section |
410 of the Illinois
Controlled Substance Act, or Section 70 of |
the Methamphetamine Control and Community Protection Act of a |
defendant, the court shall determine whether the
defendant is |
employed by a facility or center as defined under the Child |
Care
Act of 1969, a public or private elementary or secondary |
school, or otherwise
works with children under 18 years of age |
on a daily basis. When a defendant
is so employed, the court |
shall order the Clerk of the Court to send a copy of
the |
judgment of conviction or order of supervision or probation to |
the
defendant's employer by certified mail.
If the employer of |
the defendant is a school, the Clerk of the Court shall
direct |
the mailing of a copy of the judgment of conviction or order of
|
supervision or probation to the appropriate regional |
superintendent of schools.
The regional superintendent of |
schools shall notify the State Board of
Education of any |
|
notification under this subsection.
|
(j-5) A defendant at least 17 years of age who is convicted |
of a felony and
who has not been previously convicted of a |
misdemeanor or felony and who is
sentenced to a term of |
imprisonment in the Illinois Department of Corrections
shall as |
a condition of his or her sentence be required by the court to |
attend
educational courses designed to prepare the defendant |
for a high school diploma
and to work toward a high school |
diploma or to work toward passing the high
school level Test of |
General Educational Development (GED) or to work toward
|
completing a vocational training program offered by the |
Department of
Corrections. If a defendant fails to complete the |
educational training
required by his or her sentence during the |
term of incarceration, the Prisoner
Review Board shall, as a |
condition of mandatory supervised release, require the
|
defendant, at his or her own expense, to pursue a course of |
study toward a high
school diploma or passage of the GED test. |
The Prisoner Review Board shall
revoke the mandatory supervised |
release of a defendant who wilfully fails to
comply with this |
subsection (j-5) upon his or her release from confinement in a
|
penal institution while serving a mandatory supervised release |
term; however,
the inability of the defendant after making a |
good faith effort to obtain
financial aid or pay for the |
educational training shall not be deemed a wilful
failure to |
comply. The Prisoner Review Board shall recommit the defendant
|
whose mandatory supervised release term has been revoked under |
|
this subsection
(j-5) as provided in Section 3-3-9. This |
subsection (j-5) does not apply to a
defendant who has a high |
school diploma or has successfully passed the GED
test. This |
subsection (j-5) does not apply to a defendant who is |
determined by
the court to be developmentally disabled or |
otherwise mentally incapable of
completing the educational or |
vocational program.
|
(k) (Blank).
|
(l) (A) Except as provided
in paragraph (C) of subsection |
(l), whenever a defendant,
who is an alien as defined by |
the Immigration and Nationality Act, is convicted
of any |
felony or misdemeanor offense, the court after sentencing |
the defendant
may, upon motion of the State's Attorney, |
hold sentence in abeyance and remand
the defendant to the |
custody of the Attorney General of
the United States or his |
or her designated agent to be deported when:
|
(1) a final order of deportation has been issued |
against the defendant
pursuant to proceedings under |
the Immigration and Nationality Act, and
|
(2) the deportation of the defendant would not |
deprecate the seriousness
of the defendant's conduct |
and would not be inconsistent with the ends of
justice.
|
Otherwise, the defendant shall be sentenced as |
provided in this Chapter V.
|
(B) If the defendant has already been sentenced for a |
felony or
misdemeanor
offense, or has been placed on |
|
probation under Section 10 of the Cannabis
Control Act,
|
Section 410 of the Illinois Controlled Substances Act, or |
Section 70 of the Methamphetamine Control and Community |
Protection Act, the court
may, upon motion of the State's |
Attorney to suspend the
sentence imposed, commit the |
defendant to the custody of the Attorney General
of the |
United States or his or her designated agent when:
|
(1) a final order of deportation has been issued |
against the defendant
pursuant to proceedings under |
the Immigration and Nationality Act, and
|
(2) the deportation of the defendant would not |
deprecate the seriousness
of the defendant's conduct |
and would not be inconsistent with the ends of
justice.
|
(C) This subsection (l) does not apply to offenders who |
are subject to the
provisions of paragraph (2) of |
subsection (a) of Section 3-6-3.
|
(D) Upon motion of the State's Attorney, if a defendant |
sentenced under
this Section returns to the jurisdiction of |
the United States, the defendant
shall be recommitted to |
the custody of the county from which he or she was
|
sentenced.
Thereafter, the defendant shall be brought |
before the sentencing court, which
may impose any sentence |
that was available under Section 5-5-3 at the time of
|
initial sentencing. In addition, the defendant shall not be |
eligible for
additional good conduct credit for |
meritorious service as provided under
Section 3-6-6.
|
|
(m) A person convicted of criminal defacement of property |
under Section
21-1.3 of the Criminal Code of 1961, in which the |
property damage exceeds $300
and the property damaged is a |
school building, shall be ordered to perform
community service |
that may include cleanup, removal, or painting over the
|
defacement.
|
(n) The court may sentence a person convicted of a |
violation of Section
12-19, 12-21, 16-1.3, or 17-56, or |
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
of 1961 (i) to an impact
incarceration program if the person is |
otherwise eligible for that program
under Section 5-8-1.1, (ii) |
to community service, or (iii) if the person is an
addict or |
alcoholic, as defined in the Alcoholism and Other Drug Abuse |
and
Dependency Act, to a substance or alcohol abuse program |
licensed under that
Act. |
(o) Whenever a person is convicted of a sex offense as |
defined in Section 2 of the Sex Offender Registration Act, the |
defendant's driver's license or permit shall be subject to |
renewal on an annual basis in accordance with the provisions of |
license renewal established by the Secretary of State.
|
(Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; |
96-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article |
1, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065, |
eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; |
97-159, eff. 7-21-11; revised 9-14-11.)
|
|
(730 ILCS 5/5-5-3.2)
|
Sec. 5-5-3.2. Factors in Aggravation and Extended-Term |
Sentencing.
|
(a) The following factors shall be accorded weight in favor |
of
imposing a term of imprisonment or may be considered by the |
court as reasons
to impose a more severe sentence under Section |
5-8-1 or Article 4.5 of Chapter V:
|
(1) the defendant's conduct caused or threatened |
serious harm;
|
(2) the defendant received compensation for committing |
the offense;
|
(3) the defendant has a history of prior delinquency or |
criminal activity;
|
(4) the defendant, by the duties of his office or by |
his position,
was obliged to prevent the particular offense |
committed or to bring
the offenders committing it to |
justice;
|
(5) the defendant held public office at the time of the |
offense,
and the offense related to the conduct of that |
office;
|
(6) the defendant utilized his professional reputation |
or
position in the community to commit the offense, or to |
afford
him an easier means of committing it;
|
(7) the sentence is necessary to deter others from |
committing
the same crime;
|
(8) the defendant committed the offense against a |
|
person 60 years of age
or older or such person's property;
|
(9) the defendant committed the offense against a |
person who is
physically handicapped or such person's |
property;
|
(10) by reason of another individual's actual or |
perceived race, color,
creed, religion, ancestry, gender, |
sexual orientation, physical or mental
disability, or |
national origin, the defendant committed the offense |
against (i)
the person or property
of that individual; (ii) |
the person or property of a person who has an
association |
with, is married to, or has a friendship with the other |
individual;
or (iii) the person or property of a relative |
(by blood or marriage) of a
person described in clause (i) |
or (ii). For the purposes of this Section,
"sexual |
orientation" means heterosexuality, homosexuality, or |
bisexuality;
|
(11) the offense took place in a place of worship or on |
the
grounds of a place of worship, immediately prior to, |
during or immediately
following worship services. For |
purposes of this subparagraph, "place of
worship" shall |
mean any church, synagogue or other building, structure or
|
place used primarily for religious worship;
|
(12) the defendant was convicted of a felony committed |
while he was
released on bail or his own recognizance |
pending trial for a prior felony
and was convicted of such |
prior felony, or the defendant was convicted of a
felony |
|
committed while he was serving a period of probation,
|
conditional discharge, or mandatory supervised release |
under subsection (d)
of Section 5-8-1
for a prior felony;
|
(13) the defendant committed or attempted to commit a |
felony while he
was wearing a bulletproof vest. For the |
purposes of this paragraph (13), a
bulletproof vest is any |
device which is designed for the purpose of
protecting the |
wearer from bullets, shot or other lethal projectiles;
|
(14) the defendant held a position of trust or |
supervision such as, but
not limited to, family member as |
defined in Section 11-0.1 of the Criminal Code
of 1961, |
teacher, scout leader, baby sitter, or day care worker, in
|
relation to a victim under 18 years of age, and the |
defendant committed an
offense in violation of Section |
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, |
11-14.4 except for an offense that involves keeping a place |
of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
|
11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 |
or 12-16 of the Criminal Code of 1961
against
that victim;
|
(15) the defendant committed an offense related to the |
activities of an
organized gang. For the purposes of this |
factor, "organized gang" has the
meaning ascribed to it in |
Section 10 of the Streetgang Terrorism Omnibus
Prevention |
Act;
|
(16) the defendant committed an offense in violation of |
one of the
following Sections while in a school, regardless |
|
of the time of day or time of
year; on any conveyance |
owned, leased, or contracted by a school to transport
|
students to or from school or a school related activity; on |
the real property
of a school; or on a public way within |
1,000 feet of the real property
comprising any school: |
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, |
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
|
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, |
12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, |
18-2, or 33A-2, or Section 12-3.05 except for subdivision |
(a)(4) or (g)(1), of the Criminal Code of
1961;
|
(16.5) the defendant committed an offense in violation |
of one of the
following Sections while in a day care |
center, regardless of the time of day or
time of year; on |
the real property of a day care center, regardless of the |
time
of day or time of year; or on a public
way within |
1,000 feet of the real property comprising any day care |
center,
regardless of the time of day or time of year:
|
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, |
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, |
11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, |
12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, |
18-2, or 33A-2, or Section 12-3.05 except for subdivision |
(a)(4) or (g)(1), of the Criminal
Code of 1961;
|
(17) the defendant committed the offense by reason of |
any person's
activity as a community policing volunteer or |
|
to prevent any person from
engaging in activity as a |
community policing volunteer. For the purpose of
this |
Section, "community policing volunteer" has the meaning |
ascribed to it in
Section 2-3.5 of the Criminal Code of |
1961;
|
(18) the defendant committed the offense in a nursing |
home or on the
real
property comprising a nursing home. For |
the purposes of this paragraph (18),
"nursing home" means a |
skilled nursing
or intermediate long term care facility |
that is subject to license by the
Illinois Department of |
Public Health under the Nursing Home Care
Act, the |
Specialized Mental Health Rehabilitation Act, or the ID/DD |
Community Care Act;
|
(19) the defendant was a federally licensed firearm |
dealer
and
was
previously convicted of a violation of |
subsection (a) of Section 3 of the
Firearm Owners |
Identification Card Act and has now committed either a |
felony
violation
of the Firearm Owners Identification Card |
Act or an act of armed violence while
armed
with a firearm; |
(20) the defendant (i) committed the offense of |
reckless homicide under Section 9-3 of the Criminal Code of |
1961 or the offense of driving under the influence of |
alcohol, other drug or
drugs, intoxicating compound or |
compounds or any combination thereof under Section 11-501 |
of the Illinois Vehicle Code or a similar provision of a |
local ordinance and (ii) was operating a motor vehicle in |
|
excess of 20 miles per hour over the posted speed limit as |
provided in Article VI of Chapter 11 of the Illinois |
Vehicle Code;
|
(21) the defendant (i) committed the offense of |
reckless driving or aggravated reckless driving under |
Section 11-503 of the Illinois Vehicle Code and (ii) was |
operating a motor vehicle in excess of 20 miles per hour |
over the posted speed limit as provided in Article VI of |
Chapter 11 of the Illinois Vehicle Code; |
(22) the defendant committed the offense against a |
person that the defendant knew, or reasonably should have |
known, was a member of the Armed Forces of the United |
States serving on active duty. For purposes of this clause |
(22), the term "Armed Forces" means any of the Armed Forces |
of the United States, including a member of any reserve |
component thereof or National Guard unit called to active |
duty;
|
(23)
the defendant committed the offense against a |
person who was elderly, disabled, or infirm by taking |
advantage of a family or fiduciary relationship with the |
elderly, disabled, or infirm person;
|
(24)
the defendant committed any offense under Section |
11-20.1 of the Criminal Code of 1961 and possessed 100 or |
more images;
|
(25) the defendant committed the offense while the |
defendant or the victim was in a train, bus, or other |
|
vehicle used for public transportation; |
(26) the defendant committed the offense of child |
pornography or aggravated child pornography, specifically |
including paragraph (1), (2), (3), (4), (5), or (7) of |
subsection (a) of Section 11-20.1 of the Criminal Code of |
1961 where a child engaged in, solicited for, depicted in, |
or posed in any act of sexual penetration or bound, |
fettered, or subject to sadistic, masochistic, or |
sadomasochistic abuse in a sexual context and specifically |
including paragraph (1), (2), (3), (4), (5), or (7) of |
subsection (a) of Section 11-20.3 of the Criminal Code of |
1961 where a child engaged in, solicited for, depicted in, |
or posed in any act of sexual penetration or bound, |
fettered, or subject to sadistic, masochistic, or |
sadomasochistic abuse in a sexual context; or |
(27) the defendant committed the offense of first |
degree murder, assault, aggravated assault, battery, |
aggravated battery, robbery, armed robbery, or aggravated |
robbery against a person who was a veteran and the |
defendant knew, or reasonably should have known, that the |
person was a veteran performing duties as a representative |
of a veterans' organization. For the purposes of this |
paragraph (27), "veteran" means an Illinois resident who |
has served as a member of the United States Armed Forces, a |
member of the Illinois National Guard, or a member of the |
United States Reserve Forces; and "veterans' organization" |
|
means an organization comprised of members of
which |
substantially all are individuals who are veterans or |
spouses,
widows, or widowers of veterans, the primary |
purpose of which is to
promote the welfare of its members |
and to provide assistance to the general
public in such a |
way as to confer a public benefit. |
For the purposes of this Section:
|
"School" is defined as a public or private
elementary or |
secondary school, community college, college, or university.
|
"Day care center" means a public or private State certified |
and
licensed day care center as defined in Section 2.09 of the |
Child Care Act of
1969 that displays a sign in plain view |
stating that the
property is a day care center.
|
"Public transportation" means the transportation
or |
conveyance of persons by means available to the general public, |
and includes paratransit services. |
(b) The following factors, related to all felonies, may be |
considered by the court as
reasons to impose an extended term |
sentence under Section 5-8-2
upon any offender:
|
(1) When a defendant is convicted of any felony, after |
having
been previously convicted in Illinois or any other |
jurisdiction of the
same or similar class felony or greater |
class felony, when such conviction
has occurred within 10 |
years after the
previous conviction, excluding time spent |
in custody, and such charges are
separately brought and |
tried and arise out of different series of acts; or
|
|
(2) When a defendant is convicted of any felony and the |
court
finds that the offense was accompanied by |
exceptionally brutal
or heinous behavior indicative of |
wanton cruelty; or
|
(3) When a defendant is convicted of any felony |
committed against:
|
(i) a person under 12 years of age at the time of |
the offense or such
person's property;
|
(ii) a person 60 years of age or older at the time |
of the offense or
such person's property; or
|
(iii) a person physically handicapped at the time |
of the offense or
such person's property; or
|
(4) When a defendant is convicted of any felony and the |
offense
involved any of the following types of specific |
misconduct committed as
part of a ceremony, rite, |
initiation, observance, performance, practice or
activity |
of any actual or ostensible religious, fraternal, or social |
group:
|
(i) the brutalizing or torturing of humans or |
animals;
|
(ii) the theft of human corpses;
|
(iii) the kidnapping of humans;
|
(iv) the desecration of any cemetery, religious, |
fraternal, business,
governmental, educational, or |
other building or property; or
|
(v) ritualized abuse of a child; or
|
|
(5) When a defendant is convicted of a felony other |
than conspiracy and
the court finds that
the felony was |
committed under an agreement with 2 or more other persons
|
to commit that offense and the defendant, with respect to |
the other
individuals, occupied a position of organizer, |
supervisor, financier, or any
other position of management |
or leadership, and the court further finds that
the felony |
committed was related to or in furtherance of the criminal
|
activities of an organized gang or was motivated by the |
defendant's leadership
in an organized gang; or
|
(6) When a defendant is convicted of an offense |
committed while using a firearm with a
laser sight attached |
to it. For purposes of this paragraph, "laser sight"
has |
the meaning ascribed to it in Section 26-7 24.6-5 of the |
Criminal Code of
1961; or
|
(7) When a defendant who was at least 17 years of age |
at the
time of
the commission of the offense is convicted |
of a felony and has been previously
adjudicated a |
delinquent minor under the Juvenile Court Act of 1987 for |
an act
that if committed by an adult would be a Class X or |
Class 1 felony when the
conviction has occurred within 10 |
years after the previous adjudication,
excluding time |
spent in custody; or
|
(8) When a defendant commits any felony and the |
defendant used, possessed, exercised control over, or |
otherwise directed an animal to assault a law enforcement |
|
officer engaged in the execution of his or her official |
duties or in furtherance of the criminal activities of an |
organized gang in which the defendant is engaged.
|
(c) The following factors may be considered by the court as |
reasons to impose an extended term sentence under Section 5-8-2 |
(730 ILCS 5/5-8-2) upon any offender for the listed offenses: |
(1) When a defendant is convicted of first degree |
murder, after having been previously convicted in Illinois |
of any offense listed under paragraph (c)(2) of Section |
5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred |
within 10 years after the previous conviction, excluding |
time spent in custody, and the charges are separately |
brought and tried and arise out of different series of |
acts. |
(1.5) When a defendant is convicted of first degree |
murder, after having been previously convicted of domestic |
battery (720 ILCS 5/12-3.2) or aggravated domestic battery |
(720 ILCS 5/12-3.3) committed on the same victim or after |
having been previously convicted of violation of an order |
of protection (720 ILCS 5/12-30) in which the same victim |
was the protected person. |
(2) When a defendant is convicted of voluntary |
manslaughter, second degree murder, involuntary |
manslaughter, or reckless homicide in which the defendant |
has been convicted of causing the death of more than one |
individual. |
|
(3) When a defendant is convicted of aggravated |
criminal sexual assault or criminal sexual assault, when |
there is a finding that aggravated criminal sexual assault |
or criminal sexual assault was also committed on the same |
victim by one or more other individuals, and the defendant |
voluntarily participated in the crime with the knowledge of |
the participation of the others in the crime, and the |
commission of the crime was part of a single course of |
conduct during which there was no substantial change in the |
nature of the criminal objective. |
(4) If the victim was under 18 years of age at the time |
of the commission of the offense, when a defendant is |
convicted of aggravated criminal sexual assault or |
predatory criminal sexual assault of a child under |
subsection (a)(1) of Section 11-1.40 or subsection (a)(1) |
of Section 12-14.1 of the Criminal Code of 1961 (720 ILCS |
5/11-1.40 or 5/12-14.1). |
(5) When a defendant is convicted of a felony violation |
of Section 24-1 of the Criminal Code of 1961 (720 ILCS |
5/24-1) and there is a finding that the defendant is a |
member of an organized gang. |
(6) When a defendant was convicted of unlawful use of |
weapons under Section 24-1 of the Criminal Code of 1961 |
(720 ILCS 5/24-1) for possessing a weapon that is not |
readily distinguishable as one of the weapons enumerated in |
Section 24-1 of the Criminal Code of 1961 (720 ILCS |
|
5/24-1). |
(7) When a defendant is convicted of an offense |
involving the illegal manufacture of a controlled |
substance under Section 401 of the Illinois Controlled |
Substances Act (720 ILCS 570/401), the illegal manufacture |
of methamphetamine under Section 25 of the Methamphetamine |
Control and Community Protection Act (720 ILCS 646/25), or |
the illegal possession of explosives and an emergency |
response officer in the performance of his or her duties is |
killed or injured at the scene of the offense while |
responding to the emergency caused by the commission of the |
offense. In this paragraph, "emergency" means a situation |
in which a person's life, health, or safety is in jeopardy; |
and "emergency response officer" means a peace officer, |
community policing volunteer, fireman, emergency medical |
technician-ambulance, emergency medical |
technician-intermediate, emergency medical |
technician-paramedic, ambulance driver, other medical |
assistance or first aid personnel, or hospital emergency |
room personnel.
|
(d) For the purposes of this Section, "organized gang" has |
the meaning
ascribed to it in Section 10 of the Illinois |
Streetgang Terrorism Omnibus
Prevention Act.
|
(e) The court may impose an extended term sentence under |
Article 4.5 of Chapter V upon an offender who has been |
convicted of a felony violation of Section 12-13, 12-14, |
|
12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 when the |
victim of the offense is under 18 years of age at the time of |
the commission of the offense and, during the commission of the |
offense, the victim was under the influence of alcohol, |
regardless of whether or not the alcohol was supplied by the |
offender; and the offender, at the time of the commission of |
the offense, knew or should have known that the victim had |
consumed alcohol. |
(Source: P.A. 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; 96-328, |
eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; |
96-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390, eff. |
1-1-11; 96-1551, Article 1, Section 970, eff. 7-1-11; 96-1551, |
Article 2, Section 1065, eff. 7-1-11; 97-38, eff. 6-28-11, |
97-227, eff. 1-1-12; 97-333, eff. 8-12-11; revised 9-14-11.)
|
(730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
|
Sec. 5-5-5. Loss and Restoration of Rights.
|
(a) Conviction and disposition shall not entail the loss by |
the
defendant of any civil rights, except under this Section |
and Sections 29-6
and 29-10 of The Election Code, as now or |
hereafter amended.
|
(b) A person convicted of a felony shall be ineligible to |
hold an office
created by the Constitution of this State until |
the completion of his sentence.
|
(c) A person sentenced to imprisonment shall lose his right |
to vote
until released from imprisonment.
|
|
(d) On completion of sentence of imprisonment or upon |
discharge from
probation, conditional discharge or periodic |
imprisonment, or at any time
thereafter, all license rights and |
privileges
granted under the authority of this State which have |
been revoked or
suspended because of conviction of an offense |
shall be restored unless the
authority having jurisdiction of |
such license rights finds after
investigation and hearing that |
restoration is not in the public interest.
This paragraph (d) |
shall not apply to the suspension or revocation of a
license to |
operate a motor vehicle under the Illinois Vehicle Code.
|
(e) Upon a person's discharge from incarceration or parole, |
or upon a
person's discharge from probation or at any time |
thereafter, the committing
court may enter an order certifying |
that the sentence has been
satisfactorily completed when the |
court believes it would assist in the
rehabilitation of the |
person and be consistent with the public welfare.
Such order |
may be entered upon the motion of the defendant or the State or
|
upon the court's own motion.
|
(f) Upon entry of the order, the court shall issue to the |
person in
whose favor the order has been entered a certificate |
stating that his
behavior after conviction has warranted the |
issuance of the order.
|
(g) This Section shall not affect the right of a defendant |
to
collaterally attack his conviction or to rely on it in bar |
of subsequent
proceedings for the same offense.
|
(h) No application for any license specified in subsection |
|
(i) of this
Section granted under the
authority of this State |
shall be denied by reason of an eligible offender who
has |
obtained a certificate of relief from disabilities, as
defined |
in Article 5.5 of this Chapter, having been previously |
convicted of one
or more
criminal offenses, or by reason of a |
finding of lack of "good moral
character" when the finding is |
based upon the fact that the applicant has
previously been |
convicted of one or more criminal offenses, unless:
|
(1) there is a direct relationship between one or more |
of the previous
criminal offenses and the specific license |
sought; or
|
(2) the issuance of the license would
involve an |
unreasonable risk to property or to the safety or welfare |
of
specific individuals or the general public.
|
In making such a determination, the licensing agency shall |
consider the
following factors:
|
(1) the public policy of this State, as expressed in |
Article 5.5 of this
Chapter, to encourage the licensure and |
employment of persons previously
convicted of one or more |
criminal offenses;
|
(2) the specific duties and responsibilities |
necessarily related to the
license being sought;
|
(3) the bearing, if any, the criminal offenses or |
offenses for which the
person
was previously convicted will |
have on his or her fitness or ability to perform
one or
|
more such duties and responsibilities;
|
|
(4) the time which has elapsed since the occurrence of |
the criminal
offense or offenses;
|
(5) the age of the person at the time of occurrence of |
the criminal
offense or offenses;
|
(6) the seriousness of the offense or offenses;
|
(7) any information produced by the person or produced |
on his or her
behalf in
regard to his or her rehabilitation |
and good conduct, including a certificate
of relief from |
disabilities issued to the applicant, which certificate |
shall
create a presumption of rehabilitation in regard to |
the offense or offenses
specified in the certificate; and
|
(8) the legitimate interest of the licensing agency in |
protecting
property, and
the safety and welfare of specific |
individuals or the general public.
|
(i) A certificate of relief from disabilities shall be |
issued only
for a
license or certification issued under the |
following Acts:
|
(1) the Animal Welfare Act; except that a certificate |
of relief from
disabilities may not be granted
to provide |
for
the
issuance or restoration of a license under the |
Animal Welfare Act for any
person convicted of violating |
Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane |
Care for Animals Act or Section 26-5 or 48-1 of the |
Criminal Code of
1961;
|
(2) the Illinois Athletic Trainers Practice Act;
|
(3) the Barber, Cosmetology, Esthetics, Hair Braiding, |
|
and Nail Technology Act of 1985;
|
(4) the Boiler and Pressure Vessel Repairer Regulation |
Act;
|
(5) the Boxing and Full-contact Martial Arts Act;
|
(6) the Illinois Certified Shorthand Reporters Act of |
1984;
|
(7) the Illinois Farm Labor Contractor Certification |
Act;
|
(8) the Interior Design Title Act;
|
(9) the Illinois Professional Land Surveyor Act of |
1989;
|
(10) the Illinois Landscape Architecture Act of 1989;
|
(11) the Marriage and Family Therapy Licensing Act;
|
(12) the Private Employment Agency Act;
|
(13) the Professional Counselor and Clinical |
Professional Counselor
Licensing
Act;
|
(14) the Real Estate License Act of 2000;
|
(15) the Illinois Roofing Industry Licensing Act; |
(16) the Professional Engineering Practice Act of |
1989; |
(17) the Water Well and Pump Installation Contractor's |
License Act; |
(18) the Electrologist Licensing Act;
|
(19) the Auction License Act; |
(20) Illinois Architecture Practice Act of 1989; |
(21) the Dietetic and Nutrition Services Practice Act; |
|
(22) the Environmental Health Practitioner Licensing |
Act; |
(23) the Funeral Directors and Embalmers Licensing |
Code; |
(24) the Land Sales Registration Act of 1999; |
(25) the Professional Geologist Licensing Act; |
(26) the Illinois Public Accounting Act; and |
(27) the Structural Engineering Practice Act of 1989.
|
(Source: P.A. 96-1246, eff. 1-1-11; 97-119, eff. 7-14-11.)
|
(730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
|
Sec. 5-6-1. Sentences of Probation and of Conditional
|
Discharge and Disposition of Supervision.
The General Assembly |
finds that in order to protect the public, the
criminal justice |
system must compel compliance with the conditions of probation
|
by responding to violations with swift, certain and fair |
punishments and
intermediate sanctions. The Chief Judge of each |
circuit shall adopt a system of
structured, intermediate |
sanctions for violations of the terms and conditions
of a |
sentence of probation, conditional discharge or disposition of
|
supervision.
|
(a) Except where specifically prohibited by other
|
provisions of this Code, the court shall impose a sentence
of |
probation or conditional discharge upon an offender
unless, |
having regard to the nature and circumstance of
the offense, |
and to the history, character and condition
of the offender, |
|
the court is of the opinion that:
|
(1) his imprisonment or periodic imprisonment is |
necessary
for the protection of the public; or
|
(2) probation or conditional discharge would deprecate
|
the seriousness of the offender's conduct and would be
|
inconsistent with the ends of justice; or
|
(3) a combination of imprisonment with concurrent or |
consecutive probation when an offender has been admitted |
into a drug court program under Section 20 of the Drug |
Court Treatment Act is necessary for the protection of the |
public and for the rehabilitation of the offender.
|
The court shall impose as a condition of a sentence of |
probation,
conditional discharge, or supervision, that the |
probation agency may invoke any
sanction from the list of |
intermediate sanctions adopted by the chief judge of
the |
circuit court for violations of the terms and conditions of the |
sentence of
probation, conditional discharge, or supervision, |
subject to the provisions of
Section 5-6-4 of this Act.
|
(b) The court may impose a sentence of conditional
|
discharge for an offense if the court is of the opinion
that |
neither a sentence of imprisonment nor of periodic
imprisonment |
nor of probation supervision is appropriate.
|
(b-1) Subsections (a) and (b) of this Section do not apply |
to a defendant charged with a misdemeanor or felony under the |
Illinois Vehicle Code or reckless homicide under Section 9-3 of |
the Criminal Code of 1961 if the defendant within the past 12 |
|
months has been convicted of or pleaded guilty to a misdemeanor |
or felony under the Illinois Vehicle Code or reckless homicide |
under Section 9-3 of the Criminal Code of 1961. |
(c) The court may, upon a plea of guilty or a stipulation
|
by the defendant of the facts supporting the charge or a
|
finding of guilt, defer further proceedings and the
imposition |
of a sentence, and enter an order for supervision of the |
defendant,
if the defendant is not charged with: (i) a Class A |
misdemeanor, as
defined by the following provisions of the |
Criminal Code of 1961: Sections
11-9.1; 12-3.2; 11-1.50 or |
12-15; 26-5; 31-1; 31-6; 31-7; paragraphs (2) and (3) of |
subsection (a) subsections (b) and (c) of Section
21-1;
|
paragraph (1) through (5), (8), (10), and (11) of subsection |
(a) of Section
24-1; (ii) a Class A misdemeanor violation of |
Section
3.01,
3.03-1, or 4.01 of the Humane Care
for Animals |
Act; or (iii)
a felony.
If the defendant
is not barred from |
receiving an order for supervision as provided in this
|
subsection, the court may enter an order for supervision after |
considering the
circumstances of the offense, and the history,
|
character and condition of the offender, if the court is of the |
opinion
that:
|
(1) the offender is not likely to commit further |
crimes;
|
(2) the defendant and the public would be best served |
if the
defendant were not to receive a criminal record; and
|
(3) in the best interests of justice an order of |
|
supervision
is more appropriate than a sentence otherwise |
permitted under this Code.
|
(c-5) Subsections (a), (b), and (c) of this Section do not |
apply to a defendant charged with a second or subsequent |
violation of Section 6-303 of the Illinois Vehicle Code |
committed while his or her driver's license, permit or |
privileges were revoked because of a violation of Section 9-3 |
of the Criminal Code of 1961, relating to the offense of |
reckless homicide, or a similar provision of a law of another |
state.
|
(d) The provisions of paragraph (c) shall not apply to a |
defendant charged
with violating Section 11-501 of the Illinois |
Vehicle Code or a similar
provision of a local
ordinance when |
the defendant has previously been:
|
(1) convicted for a violation of Section 11-501 of
the |
Illinois Vehicle
Code or a similar provision of a
local |
ordinance or any similar law or ordinance of another state; |
or
|
(2) assigned supervision for a violation of Section |
11-501 of the Illinois
Vehicle Code or a similar provision |
of a local ordinance or any similar law
or ordinance of |
another state; or
|
(3) pleaded guilty to or stipulated to the facts |
supporting
a charge or a finding of guilty to a violation |
of Section 11-503 of the
Illinois Vehicle Code or a similar |
provision of a local ordinance or any
similar law or |
|
ordinance of another state, and the
plea or stipulation was |
the result of a plea agreement.
|
The court shall consider the statement of the prosecuting
|
authority with regard to the standards set forth in this |
Section.
|
(e) The provisions of paragraph (c) shall not apply to a |
defendant
charged with violating Section 16-25 or 16A-3 of the |
Criminal Code of 1961 if said
defendant has within the last 5 |
years been:
|
(1) convicted for a violation of Section 16-25 or 16A-3 |
of the Criminal Code of
1961; or
|
(2) assigned supervision for a violation of Section |
16-25 or 16A-3 of the Criminal
Code of 1961.
|
The court shall consider the statement of the prosecuting |
authority with
regard to the standards set forth in this |
Section.
|
(f) The provisions of paragraph (c) shall not apply to a |
defendant
charged with violating Sections 15-111, 15-112, |
15-301, paragraph (b)
of Section 6-104, Section 11-605, Section |
11-1002.5, or Section 11-1414
of the Illinois Vehicle Code or a |
similar provision of a local ordinance.
|
(g) Except as otherwise provided in paragraph (i) of this |
Section, the
provisions of paragraph (c) shall not apply to a
|
defendant charged with violating Section
3-707, 3-708, 3-710, |
or 5-401.3
of the Illinois Vehicle Code or a similar provision |
of a local ordinance if the
defendant has within the last 5 |
|
years been:
|
(1) convicted for a violation of Section 3-707, 3-708, |
3-710, or 5-401.3
of the Illinois Vehicle Code or a similar |
provision of a local
ordinance; or
|
(2) assigned supervision for a violation of Section |
3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle |
Code or a similar provision of a local
ordinance.
|
The court shall consider the statement of the prosecuting |
authority with
regard to the standards set forth in this |
Section.
|
(h) The provisions of paragraph (c) shall not apply to a |
defendant under
the age of 21 years charged with violating a |
serious traffic offense as defined
in Section 1-187.001 of the |
Illinois Vehicle Code:
|
(1) unless the defendant, upon payment of the fines, |
penalties, and costs
provided by law, agrees to attend and |
successfully complete a traffic safety
program approved by |
the court under standards set by the Conference of Chief
|
Circuit Judges. The accused shall be responsible for |
payment of any traffic
safety program fees. If the accused |
fails to file a certificate of
successful completion on or |
before the termination date of the supervision
order, the |
supervision shall be summarily revoked and conviction |
entered. The
provisions of Supreme Court Rule 402 relating |
to pleas of guilty do not apply
in cases when a defendant |
enters a guilty plea under this provision; or
|
|
(2) if the defendant has previously been sentenced |
under the provisions of
paragraph (c) on or after January |
1, 1998 for any serious traffic offense as
defined in |
Section 1-187.001 of the Illinois Vehicle Code.
|
(h-1) The provisions of paragraph (c) shall not apply to a |
defendant under the age of 21 years charged with an offense |
against traffic regulations governing the movement of vehicles |
or any violation of Section 6-107 or Section 12-603.1 of the |
Illinois Vehicle Code, unless the defendant, upon payment of |
the fines, penalties, and costs provided by law, agrees to |
attend and successfully complete a traffic safety program |
approved by the court under standards set by the Conference of |
Chief Circuit Judges. The accused shall be responsible for |
payment of any traffic safety program fees. If the accused |
fails to file a certificate of successful completion on or |
before the termination date of the supervision order, the |
supervision shall be summarily revoked and conviction entered. |
The provisions of Supreme Court Rule 402 relating to pleas of |
guilty do not apply in cases when a defendant enters a guilty |
plea under this provision.
|
(i) The provisions of paragraph (c) shall not apply to a |
defendant charged
with violating Section 3-707 of the Illinois |
Vehicle Code or a similar
provision of a local ordinance if the |
defendant has been assigned supervision
for a violation of |
Section 3-707 of the Illinois Vehicle Code or a similar
|
provision of a local ordinance.
|
|
(j) The provisions of paragraph (c) shall not apply to a
|
defendant charged with violating
Section 6-303 of the Illinois |
Vehicle Code or a similar provision of
a local ordinance when |
the revocation or suspension was for a violation of
Section |
11-501 or a similar provision of a local ordinance or a |
violation of
Section 11-501.1 or paragraph (b) of Section |
11-401 of the Illinois Vehicle
Code if the
defendant has within |
the last 10 years been:
|
(1) convicted for a violation of Section 6-303 of the |
Illinois Vehicle
Code or a similar provision of a local |
ordinance; or
|
(2) assigned supervision for a violation of Section |
6-303 of the Illinois
Vehicle Code or a similar provision |
of a local ordinance. |
(k) The provisions of paragraph (c) shall not apply to a
|
defendant charged with violating
any provision of the Illinois |
Vehicle Code or a similar provision of a local ordinance that |
governs the movement of vehicles if, within the 12 months |
preceding the date of the defendant's arrest, the defendant has |
been assigned court supervision on 2 occasions for a violation |
that governs the movement of vehicles under the Illinois |
Vehicle Code or a similar provision of a local ordinance.
The |
provisions of this paragraph (k) do not apply to a defendant |
charged with violating Section 11-501 of the Illinois Vehicle |
Code or a similar provision of a local ordinance.
|
(l) A defendant charged with violating any provision of the |
|
Illinois Vehicle Code or a similar provision of a local |
ordinance who receives a disposition of supervision under |
subsection (c) shall pay an additional fee of $29, to be |
collected as provided in Sections 27.5 and 27.6 of the Clerks |
of Courts Act. In addition to the $29 fee, the person shall |
also pay a fee of $6, which, if not waived by the court, shall |
be collected as provided in Sections 27.5 and 27.6 of the |
Clerks of Courts Act. The $29 fee shall be disbursed as |
provided in Section 16-104c of the Illinois Vehicle Code. If |
the $6 fee is collected, $5.50 of the fee shall be deposited |
into the Circuit Court Clerk Operation and Administrative Fund |
created by the Clerk of the Circuit Court and 50 cents of the |
fee shall be deposited into the Prisoner Review Board Vehicle |
and Equipment Fund in the State treasury.
|
(m) Any person convicted of, pleading guilty to, or placed |
on supervision for a serious traffic violation, as defined in |
Section 1-187.001 of the Illinois Vehicle Code, a violation of |
Section 11-501 of the Illinois Vehicle Code, or a violation of |
a similar provision of a local ordinance shall pay an |
additional fee of $35, to be disbursed as provided in Section |
16-104d of that Code. |
This subsection (m) becomes inoperative 7 years after |
October 13, 2007 (the effective date of Public Act 95-154).
|
(n)
The provisions of paragraph (c) shall not apply to any |
person under the age of 18 who commits an offense against |
traffic regulations governing the movement of vehicles or any |
|
violation of Section 6-107 or Section 12-603.1 of the Illinois |
Vehicle Code, except upon personal appearance of the defendant |
in court and upon the written consent of the defendant's parent |
or legal guardian, executed before the presiding judge. The |
presiding judge shall have the authority to waive this |
requirement upon the showing of good cause by the defendant.
|
(o)
The provisions of paragraph (c) shall not apply to a |
defendant charged with violating Section 6-303 of the Illinois |
Vehicle Code or a similar provision of a local ordinance when |
the suspension was for a violation of Section 11-501.1 of the |
Illinois Vehicle Code and when: |
(1) at the time of the violation of Section 11-501.1 of |
the Illinois Vehicle Code, the defendant was a first |
offender pursuant to Section 11-500 of the Illinois Vehicle |
Code and the defendant failed to obtain a monitoring device |
driving permit; or |
(2) at the time of the violation of Section 11-501.1 of |
the Illinois Vehicle Code, the defendant was a first |
offender pursuant to Section 11-500 of the Illinois Vehicle |
Code, had subsequently obtained a monitoring device |
driving permit, but was driving a vehicle not equipped with |
a breath alcohol ignition interlock device as defined in |
Section 1-129.1 of the Illinois Vehicle Code.
|
(p) The provisions of paragraph (c) shall not apply to a |
defendant charged with violating subsection (b) of Section |
11-601.5 of the Illinois Vehicle Code or a similar provision of |
|
a local ordinance. |
(Source: P.A. 96-253, eff. 8-11-09; 96-286, eff. 8-11-09; |
96-328, eff. 8-11-09; 96-625, eff. 1-1-10; 96-1000, eff. |
7-2-10; 96-1002, eff. 1-1-11; 96-1175, eff. 9-20-10; 96-1551, |
eff. 7-1-11; 97-333, eff. 8-12-11; 97-597, eff. 1-1-12.)
|
(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
|
Sec. 5-8-4. Concurrent and consecutive terms of |
imprisonment.
|
(a) Concurrent terms; multiple or additional sentences. |
When an Illinois court (i) imposes multiple sentences of |
imprisonment on a defendant at the same time or (ii) imposes a |
sentence of imprisonment on a defendant who is already subject |
to a sentence of imprisonment imposed by an Illinois court, a |
court of another state, or a federal court, then the sentences |
shall run concurrently unless otherwise determined by the |
Illinois court under this Section. |
(b) Concurrent terms; misdemeanor and felony. A defendant |
serving a sentence for a
misdemeanor who is convicted of a |
felony and sentenced to imprisonment shall be transferred to |
the Department of Corrections, and the misdemeanor sentence |
shall be merged in and run concurrently with the felony |
sentence. |
(c) Consecutive terms; permissive. The court may impose |
consecutive sentences in any of the following circumstances: |
(1) If, having regard to the nature and circumstances |
|
of the offense and the history
and character of the |
defendant, it is the opinion of the court that consecutive |
sentences are
required to protect the public from further |
criminal conduct by the defendant, the basis for which the |
court shall set forth in the record. |
(2) If one of the offenses for which a defendant was |
convicted was a violation of
Section 32-5.2 (aggravated |
false personation of a peace officer) of the Criminal Code |
of 1961
(720 ILCS 5/32-5.2) or a violation of subdivision |
(b)(5) or (b)(6) of Section 17-2 of that Code (720 ILCS |
5/17-2) and the offense was committed in attempting or |
committing a forcible felony.
|
(d) Consecutive terms; mandatory. The court shall impose |
consecutive sentences in each of the following circumstances: |
(1) One of the offenses for which the defendant was |
convicted was first degree
murder or a Class X or Class 1 |
felony and the defendant inflicted severe bodily injury. |
(2) The defendant was convicted of a violation of |
Section 11-20.1 (child pornography), 11-20.1B or 11-20.3 |
(aggravated child pornography), 11-1.20 or 12-13 (criminal |
sexual
assault), 11-1.30 or 12-14 (aggravated criminal |
sexual assault), or 11-1.40 or 12-14.1 (predatory criminal |
sexual assault of a child) of the Criminal Code of 1961 |
(720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3, 5/11-1.20, |
5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or 5/12-14.1). |
(3) The defendant was convicted of armed violence based |
|
upon the predicate
offense of any of the following: |
solicitation of murder, solicitation of murder for hire, |
heinous battery as described in Section 12-4.1 or |
subdivision (a)(2) of Section 12-3.05, aggravated battery |
of a senior citizen as described in Section 12-4.6 or |
subdivision (a)(4) of Section 12-3.05, criminal sexual |
assault, a violation of subsection (g) of Section 5 of the |
Cannabis Control Act (720 ILCS 550/5), cannabis |
trafficking, a violation of subsection (a) of Section 401 |
of the Illinois Controlled Substances Act (720 ILCS |
570/401), controlled substance trafficking involving a |
Class X felony amount of controlled substance under Section |
401 of the Illinois Controlled Substances Act (720 ILCS |
570/401), a violation of the Methamphetamine Control and |
Community Protection Act (720 ILCS 646/), calculated |
criminal drug conspiracy, or streetgang criminal drug |
conspiracy. |
(4) The defendant was convicted of the offense of |
leaving the scene of a motor
vehicle accident involving |
death or personal injuries under Section 11-401 of the |
Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A) |
aggravated driving under the influence of alcohol, other |
drug or drugs, or intoxicating compound or compounds, or |
any combination thereof under Section 11-501 of the |
Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless |
homicide under Section 9-3 of the Criminal Code of 1961 |
|
(720 ILCS 5/9-3), or (C) both an offense described in item |
(A) and an offense described in item (B). |
(5) The defendant was convicted of a violation of |
Section 9-3.1 (concealment of homicidal death) or Section |
12-20.5 (dismembering a human body) of the Criminal Code of |
1961 (720 ILCS 5/9-3.1 or 5/12-20.5). |
(5.5) The defendant was convicted of a violation of |
Section 24-3.7 (use of a stolen firearm in the commission |
of an offense) of the Criminal Code of 1961. |
(6) If the defendant was in the custody of the |
Department of Corrections at the
time of the commission of |
the offense, the sentence shall be served consecutive to |
the sentence under which the defendant is held by the |
Department of Corrections. If, however, the defendant is |
sentenced to punishment by death, the sentence shall be |
executed at such time as the court may fix without regard |
to the sentence under which the defendant may be held by |
the Department. |
(7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4) |
for escape or attempted escape shall be served
consecutive |
to the terms under which the offender is held by the |
Department of Corrections. |
(8) If a person charged with a felony commits a |
separate felony while on pretrial
release or in pretrial |
detention in a county jail facility or county detention |
facility, then the sentences imposed upon conviction of |
|
these felonies shall be served consecutively regardless of |
the order in which the judgments of conviction are entered. |
(8.5) If a person commits a battery against a county |
correctional officer or sheriff's employee while serving a |
sentence or in pretrial detention in a county jail |
facility, then the sentence imposed upon conviction of the |
battery shall be served consecutively with the sentence |
imposed upon conviction of the earlier misdemeanor or |
felony, regardless of the order in which the
judgments of |
conviction are entered. |
(9) If a person admitted to bail following conviction |
of a felony commits a
separate felony while free on bond or |
if a person detained in a county jail facility or county |
detention facility following conviction of a felony |
commits a separate felony while in detention, then any |
sentence following conviction of the separate felony shall |
be consecutive to that of the original sentence for which |
the defendant was on bond or detained.
|
(10) If a person is found to be in possession of an |
item of contraband, as defined in clause (c)(2) of Section |
31A-0.1 31A-1.1 of the Criminal Code of 1961, while serving |
a sentence in a county jail or while in pre-trial detention |
in a county jail, the sentence imposed upon conviction for |
the offense of possessing contraband in a penal institution |
shall be served consecutively to the sentence imposed for |
the offense in which the person is serving sentence in the |
|
county jail or serving pretrial detention, regardless of |
the order in which the judgments of conviction are entered. |
(11) If a person is sentenced for a violation of bail |
bond under Section 32-10 of the Criminal Code of 1961, any |
sentence imposed for that violation shall be served
|
consecutive to the sentence imposed for the charge for |
which bail had been
granted and with respect to which the |
defendant has been convicted. |
(e) Consecutive terms; subsequent non-Illinois term. If an |
Illinois court has imposed a
sentence of imprisonment on a |
defendant and the defendant is subsequently sentenced to a term |
of imprisonment by a court of another state or a federal court, |
then the Illinois sentence shall run consecutively to the |
sentence imposed by the court of the other state or the federal |
court. That same Illinois court, however, may order that the |
Illinois sentence run concurrently with the sentence imposed by |
the court of the other state or the federal court, but only if |
the defendant applies to that same Illinois court within 30 |
days after the sentence imposed by the court of the other state |
or the federal court is finalized. |
(f) Consecutive terms; aggregate maximums and minimums. |
The aggregate maximum
and aggregate minimum of consecutive |
sentences shall be determined as follows: |
(1) For sentences imposed under law in effect prior to |
February 1, 1978, the
aggregate maximum of consecutive |
sentences shall not exceed the maximum term authorized |
|
under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of |
Chapter V for the 2 most serious felonies involved. The |
aggregate minimum period of consecutive sentences shall |
not exceed the highest minimum term authorized under |
Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter |
V for the 2 most serious felonies involved. When sentenced |
only for misdemeanors, a defendant shall not be |
consecutively sentenced to more than the maximum for one |
Class A misdemeanor. |
(2) For sentences imposed under the law in effect on or |
after February 1, 1978,
the aggregate of consecutive |
sentences for offenses that were committed as part of a |
single
course of conduct during which there was no |
substantial change in the nature of the criminal objective |
shall not exceed the sum of the maximum terms authorized |
under Article 4.5 of Chapter V for the 2 most serious |
felonies involved, but no such limitation shall apply for |
offenses that were not committed as part of a single course |
of conduct during which there was no substantial change in |
the nature of the criminal objective. When sentenced only |
for misdemeanors, a defendant shall not be consecutively |
sentenced to more than the maximum for one Class A |
misdemeanor.
|
(g) Consecutive terms; manner served. In determining the |
manner in which consecutive sentences of imprisonment, one or |
more of which is for a felony, will be served, the Department |
|
of Corrections shall treat the defendant as though he or she |
had been committed for a single term subject to each of the |
following: |
(1) The maximum period of a term of imprisonment shall |
consist of the aggregate
of the maximums of the imposed |
indeterminate terms, if any, plus the aggregate of the |
imposed determinate sentences for felonies, plus the |
aggregate of the imposed determinate sentences for |
misdemeanors, subject to subsection (f) of this Section. |
(2) The parole or mandatory supervised release term |
shall be as provided in
paragraph (e) of Section 5-4.5-50 |
(730 ILCS 5/5-4.5-50) for the most serious of the offenses |
involved. |
(3) The minimum period of imprisonment shall be the |
aggregate of the minimum
and determinate periods of |
imprisonment imposed by the court, subject to subsection |
(f) of this Section. |
(4) The defendant shall be awarded credit against the |
aggregate maximum term
and the aggregate minimum term of |
imprisonment for all time served in an institution since |
the commission of the offense or offenses and as a |
consequence thereof at the rate specified in
Section 3-6-3 |
(730 ILCS 5/3-6-3).
|
(Source: P.A. 96-190, eff. 1-1-10; 96-1000, eff. 7-2-10; |
96-1200, eff. 7-22-10; 96-1551, Article 1, Section 970, eff. |
7-1-11; 96-1551, Article 2, Section 1065, eff. 7-1-11; 96-1551, |
|
Article 10, Section 10-150, eff. 7-1-11; 97-475, eff. 8-22-11; |
revised 9-14-11.)
|
Section 15-40. The Arsonist Registration Act is amended by |
changing Section 5 as follows:
|
(730 ILCS 148/5)
|
Sec. 5. Definitions. In this Act: |
(a) "Arsonist" means any person who is: |
(1) charged under Illinois law, or any
substantially |
similar federal, Uniform Code of Military Justice, sister |
state, or foreign country law, with an arson offense, set |
forth in subsection (b) of this Section or the attempt to |
commit an included arson offense, and:
|
(i) is convicted of such offense or an attempt
to |
commit such offense; or
|
(ii) is found not guilty by reason of insanity of
|
such offense or an attempt to commit such offense; or
|
(iii) is found not guilty by reason of insanity
|
under subsection (c) of Section 104-25 of the Code of |
Criminal Procedure of 1963 of such offense or an |
attempt to commit such offense; or
|
(iv) is the subject of a finding not resulting in
|
an acquittal at a hearing conducted under subsection |
(a) of Section 104-25 of the Code of Criminal Procedure |
of 1963 for the alleged commission or attempted |
|
commission of such offense; or
|
(v) is found not guilty by reason of insanity
|
following a hearing conducted under a federal, Uniform |
Code of Military Justice, sister state, or foreign |
country law substantially similar to subsection (c) of |
Section 104-25 of the Code of Criminal Procedure of |
1963 of such offense or of the attempted commission of |
such offense; or
|
(vi) is the subject of a finding not resulting in
|
an acquittal at a hearing conducted under a federal, |
Uniform Code of Military Justice, sister state, or |
foreign country law substantially similar to |
subsection (a) of Section 104-25 of the Code of |
Criminal Procedure of 1963 for the alleged violation or |
attempted commission of such offense; |
(2) is a minor who has been tried and convicted in an |
adult criminal prosecution as the result
of committing or |
attempting to commit an offense specified in subsection (b) |
of this Section or a violation of any substantially similar |
federal, Uniform Code of Military Justice, sister state, or |
foreign country law.
Convictions that result from or are |
connected with the same act, or result from offenses |
committed at the same time, shall be counted for the |
purpose of this Act as one conviction. Any conviction set |
aside under law is not a conviction for purposes of this |
Act.
|
|
(b) "Arson offense" means:
|
(1) A violation of any of the following Sections of
the |
Criminal Code of 1961:
|
(i) 20-1 (arson), |
(ii) 20-1.1 (aggravated arson), |
(iii) 20-1(b) or 20-1.2 (residential arson), |
(iv) 20-1(b-5) or 20-1.3 (place of worship arson),
|
(v) 20-2 (possession of explosives or explosive or |
incendiary devices), or |
(vi) An attempt to commit any of the offenses |
listed in clauses (i) through (v).
|
(2) A violation of any former law of this State
|
substantially equivalent to any offense listed in |
subsection (b) of this Section. |
(c) A conviction for an offense of federal law, Uniform |
Code of Military Justice, or the law of another state or a |
foreign country that is substantially equivalent to any offense |
listed in subsection (b) of this Section shall constitute a |
conviction for the purpose of this Act.
|
(d) "Law enforcement agency having jurisdiction" means the |
Chief of Police in each of the municipalities in which the |
arsonist expects to reside, work, or attend school (1) upon his |
or her discharge, parole or release or (2) during the service |
of his or her sentence of probation or conditional discharge, |
or the Sheriff of the county, in the event no Police Chief |
exists or if the offender intends to reside, work, or attend |
|
school in an unincorporated area. "Law enforcement agency |
having jurisdiction" includes the location where out-of-state |
students attend school and where out-of-state employees are |
employed or are otherwise required to register.
|
(e) "Out-of-state student" means any arsonist, as defined |
in this Section, who is enrolled in Illinois, on a full-time or |
part-time basis, in any public or private educational |
institution, including, but not limited to, any secondary |
school, trade or professional institution, or institution of |
higher learning.
|
(f) "Out-of-state employee" means any arsonist, as defined |
in this Section, who works in Illinois, regardless of whether |
the individual receives payment for services performed, for a |
period of time of 10 or more days or for an aggregate period of |
time of 30 or more days during any calendar year. Persons who |
operate motor vehicles in the State accrue one day of |
employment time for any portion of a day spent in Illinois.
|
(g) "I-CLEAR" means the Illinois Citizens and Law |
Enforcement Analysis and Reporting System.
|
(Source: P.A. 93-949, eff. 1-1-05.)
|
Section 15-45. The Murderer and Violent Offender Against |
Youth Registration Act is amended by changing Section 5 as |
follows:
|
(730 ILCS 154/5) |
|
Sec. 5. Definitions. |
(a) As used in this Act, "violent offender against youth" |
means any person who is: |
(1) charged pursuant to Illinois law, or any |
substantially similar
federal, Uniform Code of Military |
Justice, sister state, or foreign country
law,
with a |
violent offense against youth set forth
in subsection (b) |
of this Section or the attempt to commit an included |
violent
offense against youth, and: |
(A) is convicted of such offense or an attempt to |
commit such offense;
or |
(B) is found not guilty by reason of insanity of |
such offense or an
attempt to commit such offense; or |
(C) is found not guilty by reason of insanity |
pursuant to subsection (c) of Section
104-25 of the |
Code of Criminal Procedure of 1963 of such offense or |
an
attempt to commit such offense; or |
(D) is the subject of a finding not resulting in an |
acquittal at a
hearing conducted pursuant to |
subsection (a) of Section 104-25 of the Code of |
Criminal
Procedure of 1963 for the alleged commission |
or attempted commission of such
offense; or |
(E) is found not guilty by reason of insanity |
following a hearing
conducted pursuant to a federal, |
Uniform Code of Military Justice, sister
state, or |
foreign country law
substantially similar to |
|
subsection (c) of Section 104-25 of the Code of |
Criminal Procedure
of 1963 of such offense or of the |
attempted commission of such offense; or |
(F) is the subject of a finding not resulting in an |
acquittal at a
hearing conducted pursuant to a federal, |
Uniform Code of Military Justice,
sister state, or |
foreign country law
substantially similar to |
subsection (c) of Section 104-25 of the Code of |
Criminal Procedure
of 1963 for the alleged violation or |
attempted commission of such offense;
or |
(2) adjudicated a juvenile delinquent as the result of |
committing or
attempting to commit an act which, if |
committed by an adult, would constitute
any of the offenses |
specified in subsection (b) or (c-5) of this Section or a
|
violation of any substantially similar federal, Uniform |
Code of Military
Justice, sister state, or foreign
country |
law, or found guilty under Article V of the Juvenile Court |
Act of 1987
of committing or attempting to commit an act |
which, if committed by an adult,
would constitute any of |
the offenses specified in subsection (b) or (c-5) of
this |
Section or a violation of any substantially similar |
federal, Uniform Code
of Military Justice, sister state,
or |
foreign country law. |
Convictions that result from or are connected with the same |
act, or result
from offenses committed at the same time, shall |
be counted for the purpose of
this Act as one conviction. Any |
|
conviction set aside pursuant to law is
not a conviction for |
purposes of this Act. |
For purposes of this Section, "convicted" shall have the |
same meaning as
"adjudicated". For the purposes of this Act, a |
person who is defined as a violent offender against youth as a |
result of being adjudicated a juvenile delinquent under |
paragraph (2) of this subsection (a) upon attaining 17 years of |
age shall be considered as having committed the violent offense |
against youth on or after the 17th birthday of the violent |
offender against youth. Registration of juveniles upon |
attaining 17 years of age shall not extend the original |
registration of 10 years from the date of conviction. |
(b) As used in this Act, "violent offense against youth" |
means: |
(1) A violation of any of the following Sections of the
|
Criminal Code of 1961, when the victim is a person under 18 |
years of age and the offense was committed on or
after |
January 1, 1996: |
10-1 (kidnapping), |
10-2 (aggravated kidnapping), |
10-3 (unlawful restraint), |
10-3.1 (aggravated unlawful restraint). |
An attempt to commit any of these offenses. |
(2) First degree murder under Section 9-1 of the |
Criminal Code of 1961,
when the victim was a person under |
18 years of age and the defendant was at least
17 years of |
|
age at the time of the commission of the offense. |
(3) Child abduction under paragraph (10) of subsection
|
(b) of Section 10-5 of the Criminal Code of 1961 committed |
by luring or
attempting to lure a child under the age of 16 |
into a motor vehicle, building,
house trailer, or dwelling |
place without the consent of the parent or lawful
custodian |
of the child for other than a lawful purpose and the |
offense was
committed on or after January 1, 1998. |
(4) A violation or attempted violation of the following |
Section
of the Criminal Code of 1961 when the offense was |
committed on or after July
1, 1999: |
10-4 (forcible detention, if the victim is under 18 |
years of age). |
(4.1) Involuntary manslaughter under Section 9-3 of |
the Criminal Code of 1961 where baby shaking was the |
proximate cause of death of the victim of the offense. |
(4.2) Endangering the life or health of a child under |
Section 12-21.6 of the Criminal Code of 1961 that results |
in the death of the child where baby shaking was the |
proximate cause of the death of the child. |
(4.3) Domestic battery resulting in bodily harm under |
Section 12-3.2 of the Criminal Code of 1961 when the |
defendant was 18 years or older and the victim was under 18 |
years of age and the offense was committed on or after July |
26, 2010. |
(4.4) A violation or attempted violation of any of the
|
|
following Sections or clauses of the Criminal Code of 1961 |
when the victim was under 18 years of age and the offense |
was committed on or after (1) July 26, 2000 if the |
defendant was 18 years of age or older or (2) July 26, 2010 |
and the defendant was under the age of 18: |
12-3.3 (aggravated domestic battery), |
12-3.05(a)(1), 12-3.05(d)(2), 12-3.05(f)(1), |
12-4(a), 12-4(b)(1) or 12-4(b)(14) (aggravated |
battery), |
12-3.05(a)(2) or 12-4.1 (heinous battery), |
12-3.05(b) or 12-4.3 (aggravated battery of a |
child), |
12-3.1(a-5) or 12-4.4 (aggravated battery of an |
unborn child), |
12-33 (ritualized abuse of a child). |
(4.5) A violation or attempted violation of any of the
|
following Sections of the Criminal Code of 1961 when the |
victim was under 18 years of age and the offense was |
committed on or after (1) August 1, 2001 if the defendant |
was 18 years of age or older or (2) August 1, 2011 and the |
defendant was under the age of 18: |
12-3.05(e)(1), (2), (3), or (4) or 12-4.2 |
(aggravated battery with a firearm), |
12-3.05(e)(5), (6), (7), or (8) or 12-4.2-5 |
(aggravated battery with a machine gun), |
12-11 or 19-6 (home invasion). |
|
(5) A violation of any former law of this State |
substantially equivalent
to any offense listed in this |
subsection (b). |
(b-5) For the purposes of this Section, "first degree |
murder of an adult" means first degree murder under Section 9-1 |
of the Criminal Code of 1961 when the victim was a person 18 |
years of age or older at the time of the commission of the |
offense. |
(c) A conviction for an offense of federal law, Uniform |
Code of Military
Justice, or the law of another state
or a |
foreign country that is substantially equivalent to any offense |
listed
in subsections (b) and (c-5) of this Section shall
|
constitute a
conviction for the purpose
of this Act. |
(c-5) A person at least 17 years of age at the time of the |
commission of
the offense who is convicted of first degree |
murder under Section 9-1 of the
Criminal Code of 1961, against |
a person
under 18 years of age, shall be required to register
|
for natural life.
A conviction for an offense of federal, |
Uniform Code of Military Justice,
sister state, or foreign |
country law that is substantially equivalent to any
offense |
listed in this subsection (c-5) shall constitute a
conviction |
for the purpose of this Act. This subsection (c-5) applies to a |
person who committed the offense before June 1, 1996 only if |
the person is incarcerated in an Illinois Department of |
Corrections facility on August 20, 2004. |
(c-6) A person who is convicted or adjudicated delinquent |
|
of first degree murder of an adult shall be required to |
register for a period of 10 years after conviction or |
adjudication if not confined to a penal institution, hospital, |
or any other institution or facility, and if confined, for a |
period of 10 years after parole, discharge, or release from any |
such facility. A conviction for an offense of federal, Uniform |
Code of Military Justice, sister state, or foreign country law |
that is substantially equivalent to any offense listed in |
subsection (c-6) of this Section shall constitute a conviction |
for the purpose of this Act. This subsection (c-6) does not |
apply to those individuals released from incarceration more |
than 10 years prior to January 1, 2012 ( the effective date of |
Public Act 97-154) this amendatory Act of the 97th General |
Assembly . |
(d) As used in this Act, "law enforcement agency having |
jurisdiction"
means the Chief of Police in each of the |
municipalities in which the violent offender against youth
|
expects to reside, work, or attend school (1) upon his or her |
discharge,
parole or release or
(2) during the service of his |
or her sentence of probation or conditional
discharge, or the |
Sheriff of the county, in the event no Police Chief exists
or |
if the offender intends to reside, work, or attend school in an
|
unincorporated area.
"Law enforcement agency having |
jurisdiction" includes the location where
out-of-state |
students attend school and where out-of-state employees are
|
employed or are otherwise required to register. |
|
(e) As used in this Act, "supervising officer" means the |
assigned Illinois Department of Corrections parole agent or |
county probation officer. |
(f) As used in this Act, "out-of-state student" means any |
violent
offender against youth who is enrolled in Illinois, on |
a full-time or part-time
basis, in any public or private |
educational institution, including, but not
limited to, any |
secondary school, trade or professional institution, or
|
institution of higher learning. |
(g) As used in this Act, "out-of-state employee" means any |
violent
offender against youth who works in Illinois, |
regardless of whether the individual
receives payment for |
services performed, for a period of time of 10 or more days
or |
for an aggregate period of time of 30 or more days
during any |
calendar year.
Persons who operate motor vehicles in the State |
accrue one day of employment
time for any portion of a day |
spent in Illinois. |
(h) As used in this Act, "school" means any public or |
private educational institution, including, but not limited |
to, any elementary or secondary school, trade or professional |
institution, or institution of higher education. |
(i) As used in this Act, "fixed residence" means any and |
all places that a violent offender against youth resides for an |
aggregate period of time of 5 or more days in a calendar year.
|
(j) As used in this Act, "baby shaking" means the
vigorous |
shaking of an infant or a young child that may result
in |
|
bleeding inside the head and cause one or more of the
following |
conditions: irreversible brain damage; blindness,
retinal |
hemorrhage, or eye damage; cerebral palsy; hearing
loss; spinal |
cord injury, including paralysis; seizures;
learning |
disability; central nervous system injury; closed
head injury; |
rib fracture; subdural hematoma; or death. |
(Source: P.A. 96-1115, eff. 1-1-11; 96-1294, eff. 7-26-10; |
97-154, eff. 1-1-12; 97-333, eff. 8-12-11; 97-432, eff. |
8-16-11; revised 10-4-11.)
|
ARTICLE 20.
|
(720 ILCS 110/Act rep.) |
Section 20-1. The Communications Consumer Privacy Act is |
repealed.
|
(720 ILCS 125/Act rep.) |
Section 20-2. The Hunter and Fishermen Interference |
Prohibition Act is repealed.
|
(720 ILCS 135/Act rep.) |
Section 20-3. The Harassing and Obscene Communications Act |
is repealed.
|
(720 ILCS 210/Act rep.) |
Section 20-6. The Animal Registration Under False |
|
repealed.
|
(720 ILCS 620/Act rep.) |
Section 20-67. The Flag Desecration Act is repealed.
|
(720 ILCS 630/Act rep.) |
Section 20-71. The Guide Dog Access Act is repealed.
|
(720 ILCS 645/Act rep.) |
Section 20-72. The Legislative Misconduct Act is repealed.
|
ARTICLE 99.
|
Section 99-5. Illinois Compiled Statutes reassignment. |
The Legislative Reference Bureau shall reassign the |
following Acts to the specified locations in the Illinois |
Compiled Statutes and file appropriate documents with the Index |
Division of the Office of the Secretary of State in accordance |
with subsection (c) of Section 5.04 of the Legislative |
Reference Bureau Act: |
The Taxpreparer Disclosure of Information Act, |
reassigned from 720 ILCS 140/ to 815 ILCS 535/. |
The Aircraft Crash Parts Act, reassigned from 720 ILCS |
205/ to 620 ILCS 70/. |
The Appliance Tag Act, reassigned from 720 ILCS 220/ to |
815 ILCS 302/. |
|
The Auction Sales Sign Act, reassigned from 720 ILCS |
225/ to 815 ILCS 303/. |
The Loan Advertising to Bankrupts Act, reassigned from |
720 ILCS 330/ to 815 ILCS 185/. |
The Sale or Pledge of Goods by Minors Act, reassigned |
from 720 ILCS 345/ to 815 ILCS 407/. |
The Sale Price Ad Act, reassigned from 720 ILCS 350/ to |
815 ILCS 408/. |
The Ticket Sale and Resale Act, reassigned from 720 |
ILCS 375/ to 815 ILCS 414/. |
The Title Page Act, reassigned from 720 ILCS 380/ to |
815 ILCS 417/. |
The Uneconomic Practices Act, reassigned from 720 ILCS |
385/ to 815 ILCS 423/. |
The Wild Plant Conservation Act, reassigned from 720 |
ILCS 400/ to 525 ILCS 47/. |
The Abandoned Refrigerator Act, reassigned from 720 |
ILCS 505/ to 430 ILCS 150/. |
The Aerial Exhibitors Safety Act, reassigned from 720 |
ILCS 530/ to 820 ILCS 270/. |
The Illinois Clean Public Elevator Air Act, reassigned |
from 720 ILCS 560/ to 410 ILCS 83/. |
The Excavation Fence Act, reassigned from 720 ILCS 605/ |
to 430 ILCS 165/. |
The Fire Extinguisher Service Act, reassigned from 720 |
ILCS 615/ to 425 ILCS 17/. |