Bill Text: IL HB3039 | 2021-2022 | 102nd General Assembly | Introduced


Bill Title: Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois State Police shall establish a portal for use by federal, State, or local law enforcement agencies, including State's Attorneys and the Attorney General to capture a report of persons whose Firearm Owner's Identification Cards have been revoked or suspended. Creates the Firearm Recovery Task Force led by the Illinois State Police to seize and recover the Firearm Owner's Identification Cards of revoked persons and to enforce the revocation and suspension of Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act. Amends the Firearm Owners Identification Card Act. Provides that the Illinois State Police shall include in the report the reason the person's Firearm Owner's Identification Card was revoked or suspended. Amends the Code of Criminal Procedure of 1963. Provides that the defendant shall physically surrender each firearm in his or her possession to a law enforcement agency designated by the court to take custody of and impound the firearm and physically surrender his or her Firearm Owner's Identification Card to the law enforcement agency as a condition of remaining on bond pending sentencing when the offense the person has been charged with is a forcible felony, stalking, aggravated stalking, domestic battery, any violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act that is classified as a Class 2 or greater felony, or any felony violation of the Deadly Weapons Article of the Criminal Code of 1961 or the Criminal Code of 2012. Amends the Freedom of Information Act and the Unified Code of Corrections to make conforming changes. Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3039 Detail]

Download: Illinois-2021-HB3039-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3039

Introduced , by Rep. Keith R. Wheeler

SYNOPSIS AS INTRODUCED:
See Index

Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois State Police shall establish a portal for use by federal, State, or local law enforcement agencies, including State's Attorneys and the Attorney General to capture a report of persons whose Firearm Owner's Identification Cards have been revoked or suspended. Creates the Firearm Recovery Task Force led by the Illinois State Police to seize and recover the Firearm Owner's Identification Cards of revoked persons and to enforce the revocation and suspension of Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act. Amends the Firearm Owners Identification Card Act. Provides that the Illinois State Police shall include in the report the reason the person's Firearm Owner's Identification Card was revoked or suspended. Amends the Code of Criminal Procedure of 1963. Provides that the defendant shall physically surrender each firearm in his or her possession to a law enforcement agency designated by the court to take custody of and impound the firearm and physically surrender his or her Firearm Owner's Identification Card to the law enforcement agency as a condition of remaining on bond pending sentencing when the offense the person has been charged with is a forcible felony, stalking, aggravated stalking, domestic battery, any violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act that is classified as a Class 2 or greater felony, or any felony violation of the Deadly Weapons Article of the Criminal Code of 1961 or the Criminal Code of 2012. Amends the Freedom of Information Act and the Unified Code of Corrections to make conforming changes. Effective immediately.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning public safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
6 (5 ILCS 140/7.5)
7 Sec. 7.5. Statutory exemptions. To the extent provided for
8by the statutes referenced below, the following shall be
9exempt from inspection and copying:
10 (a) All information determined to be confidential
11 under Section 4002 of the Technology Advancement and
12 Development Act.
13 (b) Library circulation and order records identifying
14 library users with specific materials under the Library
15 Records Confidentiality Act.
16 (c) Applications, related documents, and medical
17 records received by the Experimental Organ Transplantation
18 Procedures Board and any and all documents or other
19 records prepared by the Experimental Organ Transplantation
20 Procedures Board or its staff relating to applications it
21 has received.
22 (d) Information and records held by the Department of
23 Public Health and its authorized representatives relating

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1 to known or suspected cases of sexually transmissible
2 disease or any information the disclosure of which is
3 restricted under the Illinois Sexually Transmissible
4 Disease Control Act.
5 (e) Information the disclosure of which is exempted
6 under Section 30 of the Radon Industry Licensing Act.
7 (f) Firm performance evaluations under Section 55 of
8 the Architectural, Engineering, and Land Surveying
9 Qualifications Based Selection Act.
10 (g) Information the disclosure of which is restricted
11 and exempted under Section 50 of the Illinois Prepaid
12 Tuition Act.
13 (h) Information the disclosure of which is exempted
14 under the State Officials and Employees Ethics Act, and
15 records of any lawfully created State or local inspector
16 general's office that would be exempt if created or
17 obtained by an Executive Inspector General's office under
18 that Act.
19 (i) Information contained in a local emergency energy
20 plan submitted to a municipality in accordance with a
21 local emergency energy plan ordinance that is adopted
22 under Section 11-21.5-5 of the Illinois Municipal Code.
23 (j) Information and data concerning the distribution
24 of surcharge moneys collected and remitted by carriers
25 under the Emergency Telephone System Act.
26 (k) Law enforcement officer identification information

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1 or driver identification information compiled by a law
2 enforcement agency or the Department of Transportation
3 under Section 11-212 of the Illinois Vehicle Code.
4 (l) Records and information provided to a residential
5 health care facility resident sexual assault and death
6 review team or the Executive Council under the Abuse
7 Prevention Review Team Act.
8 (m) Information provided to the predatory lending
9 database created pursuant to Article 3 of the Residential
10 Real Property Disclosure Act, except to the extent
11 authorized under that Article.
12 (n) Defense budgets and petitions for certification of
13 compensation and expenses for court appointed trial
14 counsel as provided under Sections 10 and 15 of the
15 Capital Crimes Litigation Act. This subsection (n) shall
16 apply until the conclusion of the trial of the case, even
17 if the prosecution chooses not to pursue the death penalty
18 prior to trial or sentencing.
19 (o) Information that is prohibited from being
20 disclosed under Section 4 of the Illinois Health and
21 Hazardous Substances Registry Act.
22 (p) Security portions of system safety program plans,
23 investigation reports, surveys, schedules, lists, data, or
24 information compiled, collected, or prepared by or for the
25 Regional Transportation Authority under Section 2.11 of
26 the Regional Transportation Authority Act or the St. Clair

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1 County Transit District under the Bi-State Transit Safety
2 Act.
3 (q) Information prohibited from being disclosed by the
4 Personnel Record Review Act.
5 (r) Information prohibited from being disclosed by the
6 Illinois School Student Records Act.
7 (s) Information the disclosure of which is restricted
8 under Section 5-108 of the Public Utilities Act.
9 (t) All identified or deidentified health information
10 in the form of health data or medical records contained
11 in, stored in, submitted to, transferred by, or released
12 from the Illinois Health Information Exchange, and
13 identified or deidentified health information in the form
14 of health data and medical records of the Illinois Health
15 Information Exchange in the possession of the Illinois
16 Health Information Exchange Office due to its
17 administration of the Illinois Health Information
18 Exchange. The terms "identified" and "deidentified" shall
19 be given the same meaning as in the Health Insurance
20 Portability and Accountability Act of 1996, Public Law
21 104-191, or any subsequent amendments thereto, and any
22 regulations promulgated thereunder.
23 (u) Records and information provided to an independent
24 team of experts under the Developmental Disability and
25 Mental Health Safety Act (also known as Brian's Law).
26 (v) Names and information of people who have applied

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1 for or received Firearm Owner's Identification Cards under
2 the Firearm Owners Identification Card Act or applied for
3 or received a concealed carry license under the Firearm
4 Concealed Carry Act, unless otherwise authorized by the
5 Firearm Concealed Carry Act; and databases under the
6 Firearm Concealed Carry Act, records of the Concealed
7 Carry Licensing Review Board under the Firearm Concealed
8 Carry Act, and law enforcement agency objections under the
9 Firearm Concealed Carry Act.
10 (w) Personally identifiable information which is
11 exempted from disclosure under subsection (g) of Section
12 19.1 of the Toll Highway Act.
13 (x) Information which is exempted from disclosure
14 under Section 5-1014.3 of the Counties Code or Section
15 8-11-21 of the Illinois Municipal Code.
16 (y) Confidential information under the Adult
17 Protective Services Act and its predecessor enabling
18 statute, the Elder Abuse and Neglect Act, including
19 information about the identity and administrative finding
20 against any caregiver of a verified and substantiated
21 decision of abuse, neglect, or financial exploitation of
22 an eligible adult maintained in the Registry established
23 under Section 7.5 of the Adult Protective Services Act.
24 (z) Records and information provided to a fatality
25 review team or the Illinois Fatality Review Team Advisory
26 Council under Section 15 of the Adult Protective Services

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1 Act.
2 (aa) Information which is exempted from disclosure
3 under Section 2.37 of the Wildlife Code.
4 (bb) Information which is or was prohibited from
5 disclosure by the Juvenile Court Act of 1987.
6 (cc) Recordings made under the Law Enforcement
7 Officer-Worn Body Camera Act, except to the extent
8 authorized under that Act.
9 (dd) Information that is prohibited from being
10 disclosed under Section 45 of the Condominium and Common
11 Interest Community Ombudsperson Act.
12 (ee) Information that is exempted from disclosure
13 under Section 30.1 of the Pharmacy Practice Act.
14 (ff) Information that is exempted from disclosure
15 under the Revised Uniform Unclaimed Property Act.
16 (gg) Information that is prohibited from being
17 disclosed under Section 7-603.5 of the Illinois Vehicle
18 Code.
19 (hh) Records that are exempt from disclosure under
20 Section 1A-16.7 of the Election Code.
21 (ii) Information which is exempted from disclosure
22 under Section 2505-800 of the Department of Revenue Law of
23 the Civil Administrative Code of Illinois.
24 (jj) Information and reports that are required to be
25 submitted to the Department of Labor by registering day
26 and temporary labor service agencies but are exempt from

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1 disclosure under subsection (a-1) of Section 45 of the Day
2 and Temporary Labor Services Act.
3 (kk) Information prohibited from disclosure under the
4 Seizure and Forfeiture Reporting Act.
5 (ll) Information the disclosure of which is restricted
6 and exempted under Section 5-30.8 of the Illinois Public
7 Aid Code.
8 (mm) Records that are exempt from disclosure under
9 Section 4.2 of the Crime Victims Compensation Act.
10 (nn) Information that is exempt from disclosure under
11 Section 70 of the Higher Education Student Assistance Act.
12 (oo) Communications, notes, records, and reports
13 arising out of a peer support counseling session
14 prohibited from disclosure under the First Responders
15 Suicide Prevention Act.
16 (pp) Names and all identifying information relating to
17 an employee of an emergency services provider or law
18 enforcement agency under the First Responders Suicide
19 Prevention Act.
20 (qq) Information and records held by the Department of
21 Public Health and its authorized representatives collected
22 under the Reproductive Health Act.
23 (rr) Information that is exempt from disclosure under
24 the Cannabis Regulation and Tax Act.
25 (ss) Data reported by an employer to the Department of
26 Human Rights pursuant to Section 2-108 of the Illinois

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1 Human Rights Act.
2 (tt) Recordings made under the Children's Advocacy
3 Center Act, except to the extent authorized under that
4 Act.
5 (uu) Information that is exempt from disclosure under
6 Section 50 of the Sexual Assault Evidence Submission Act.
7 (vv) Information that is exempt from disclosure under
8 subsections (f) and (j) of Section 5-36 of the Illinois
9 Public Aid Code.
10 (ww) Information that is exempt from disclosure under
11 Section 16.8 of the State Treasurer Act.
12 (xx) Information that is exempt from disclosure or
13 information that shall not be made public under the
14 Illinois Insurance Code.
15 (yy) Information prohibited from being disclosed under
16 the Illinois Educational Labor Relations Act.
17 (zz) Information prohibited from being disclosed under
18 the Illinois Public Labor Relations Act.
19 (aaa) Information prohibited from being disclosed
20 under Section 1-167 of the Illinois Pension Code.
21 (bbb) Records and information exempt from disclosure
22 under Section 2605-304 of the Department of State Police
23 Law of the Civil Administrative Code of Illinois.
24(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
25100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
268-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,

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1eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
2100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
36-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
4eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
5101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
61-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
7eff. 7-7-20.)
8 Section 10. The Department of State Police Law of the
9Civil Administrative Code of Illinois is amended by adding
10Sections 2605-304 and 2605-615 as follows:
11 (20 ILCS 2605/2605-304 new)
12 Sec. 2605-304. Prohibited persons portal.
13 (a) Within 180 days of the effective date of this
14amendatory Act of the 102nd General Assembly, the Illinois
15State Police shall establish a portal for use by federal,
16State, or local law enforcement agencies, including State's
17Attorneys and the Attorney General, to capture a report of
18persons whose Firearm Owner's Identification Cards have been
19revoked or suspended. The portal is for law enforcement
20purposes only.
21 (b) The Illinois State Police shall include in the report
22the reason the person's Firearm Owner's Identification Card
23was subject to revocation or suspension, to the extent allowed
24by law, consistent with Section 8 of the Firearm Owners

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1Identification Card Act.
2 (c) The Illinois State Police shall indicate whether the
3person subject to the revocation or suspension of his or her
4Firearm Owner's Identification Card has surrendered his or her
5revoked or suspended Firearm Owner's Identification Card and
6whether the person has completed a Firearm Disposition Record
7required under Section 9.5 of the Firearm Owners
8Identification Card Act.
9 (d) The Illinois State Police shall provide updates of
10information related to an individual's current Firearm Owner's
11Identification Card revocation or suspension status, including
12compliance under Section 9.5 of the Firearm Owners
13Identification Card Act, in the Illinois State Police's Law
14Enforcement Agencies Data System.
15 (e) Records and information in the portal are exempt from
16disclosure under the Freedom of Information Act.
17 (f) The Illinois State Police may adopt rules necessary to
18implement this Section.
19 (20 ILCS 2605/2605-615 new)
20 Sec. 2605-615. Firearm Recovery Task Force. The Director
21shall establish a statewide multi-jurisdictional Firearm
22Recovery Task Force led by the Illinois State Police to seize
23and recover the Firearm Owner's Identification Cards of
24revoked persons and to enforce Section 9.5 of the Firearm
25Owner's Identification Card Act.

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1 The Task Force may work with units of local government in
2its recovery efforts. In working with a unit of local
3government, the Task Force shall operate under an
4intergovernmental agreement entered into with that unit of
5local government in conformity with the provisions of the
6Intergovernmental Cooperation Act. Units of local government
7cooperating with the Task Force shall be reimbursed by the
8Illinois State Police for expenses incurred in their
9cooperation with the Task Force.
10 The creation of the Task Force is subject to
11appropriation.
12 For purposes of this Section:
13 "Revoked person" means a person whose Firearm Owner's
14Identification Card has been revoked under Section 8 of the
15Firearm Owners Identification Card Act.
16 "Unit of local government" has the meaning provided in
17Section 1 of Article VII of the Illinois Constitution and
18includes both home rule and non-home rule units.
19 Section 15. The Firearm Owners Identification Card Act is
20amended by changing Sections 3.1, 8, and 9.5 and by adding
21Section 8.4 as follows:
22 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
23 Sec. 3.1. Dial up system.
24 (a) The Department of State Police shall provide a dial up

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1telephone system or utilize other existing technology which
2shall be used by any federally licensed firearm dealer, gun
3show promoter, or gun show vendor who is to transfer a firearm,
4stun gun, or taser under the provisions of this Act. The
5Department of State Police may utilize existing technology
6which allows the caller to be charged a fee not to exceed $2.
7Fees collected by the Department of State Police shall be
8deposited in the State Police Services Fund and used to
9provide the service.
10 (b) Upon receiving a request from a federally licensed
11firearm dealer, gun show promoter, or gun show vendor, the
12Department of State Police shall immediately approve, or
13within the time period established by Section 24-3 of the
14Criminal Code of 2012 regarding the delivery of firearms, stun
15guns, and tasers notify the inquiring dealer, gun show
16promoter, or gun show vendor of any objection that would
17disqualify the transferee from acquiring or possessing a
18firearm, stun gun, or taser. In conducting the inquiry, the
19Department of State Police shall initiate and complete an
20automated search of its criminal history record information
21files and those of the Federal Bureau of Investigation,
22including the National Instant Criminal Background Check
23System, and of the files of the Department of Human Services
24relating to mental health and developmental disabilities to
25obtain any prohibiting information felony conviction or
26patient hospitalization information which would disqualify a

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1person from obtaining or require revocation of a currently
2valid Firearm Owner's Identification Card.
3 (c) If receipt of a firearm would not violate Section 24-3
4of the Criminal Code of 2012, federal law, or this Act the
5Department of State Police shall:
6 (1) assign a unique identification number to the
7 transfer; and
8 (2) provide the licensee, gun show promoter, or gun
9 show vendor with the number.
10 (d) Approvals issued by the Department of State Police for
11the purchase of a firearm are valid for 30 days from the date
12of issue.
13 (e) (1) The Department of State Police must act as the
14Illinois Point of Contact for the National Instant Criminal
15Background Check System.
16 (2) The Department of State Police and the Department of
17Human Services shall, in accordance with State and federal law
18regarding confidentiality, enter into a memorandum of
19understanding with the Federal Bureau of Investigation for the
20purpose of implementing the National Instant Criminal
21Background Check System in the State. The Department of State
22Police shall report the name, date of birth, and physical
23description of any person prohibited from possessing a firearm
24pursuant to the Firearm Owners Identification Card Act or 18
25U.S.C. 922(g) and (n) to the National Instant Criminal
26Background Check System Index, Denied Persons Files.

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1 (3) The Department of State Police shall provide notice of
2the disqualification of a person under subsection (b) of this
3Section or the revocation of a person's Firearm Owner's
4Identification Card under Section 8 or Section 8.2 of this
5Act, and the reason for the disqualification or revocation, to
6all law enforcement agencies with jurisdiction to assist with
7the seizure of the person's Firearm Owner's Identification
8Card.
9 (f) The Department of State Police shall adopt rules not
10inconsistent with this Section to implement this system.
11(Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)
12 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
13 Sec. 8. Grounds for denial and revocation. The Department
14of State Police has authority to deny an application for or to
15revoke and seize a Firearm Owner's Identification Card
16previously issued under this Act only if the Department finds
17that the applicant or the person to whom such card was issued
18is or was at the time of issuance:
19 (a) A person under 21 years of age who has been
20 convicted of a misdemeanor other than a traffic offense or
21 adjudged delinquent;
22 (b) This subsection (b) applies through the 180th day
23 following the effective date of this amendatory Act of the
24 101st General Assembly. A person under 21 years of age who
25 does not have the written consent of his parent or

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1 guardian to acquire and possess firearms and firearm
2 ammunition, or whose parent or guardian has revoked such
3 written consent, or where such parent or guardian does not
4 qualify to have a Firearm Owner's Identification Card;
5 (b-5) This subsection (b-5) applies on and after the
6 181st day following the effective date of this amendatory
7 Act of the 101st General Assembly. A person under 21 years
8 of age who is not an active duty member of the United
9 States Armed Forces and does not have the written consent
10 of his or her parent or guardian to acquire and possess
11 firearms and firearm ammunition, or whose parent or
12 guardian has revoked such written consent, or where such
13 parent or guardian does not qualify to have a Firearm
14 Owner's Identification Card;
15 (c) A person convicted of a felony under the laws of
16 this or any other jurisdiction;
17 (d) A person addicted to narcotics;
18 (e) A person who has been a patient of a mental health
19 facility within the past 5 years or a person who has been a
20 patient in a mental health facility more than 5 years ago
21 who has not received the certification required under
22 subsection (u) of this Section. An active law enforcement
23 officer employed by a unit of government who is denied,
24 revoked, or has his or her Firearm Owner's Identification
25 Card seized under this subsection (e) may obtain relief as
26 described in subsection (c-5) of Section 10 of this Act if

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1 the officer did not act in a manner threatening to the
2 officer, another person, or the public as determined by
3 the treating clinical psychologist or physician, and the
4 officer seeks mental health treatment;
5 (f) A person whose mental condition is of such a
6 nature that it poses a clear and present danger to the
7 applicant, any other person or persons or the community;
8 (g) A person who has an intellectual disability;
9 (h) A person who intentionally makes a false statement
10 in the Firearm Owner's Identification Card application;
11 (i) An alien who is unlawfully present in the United
12 States under the laws of the United States;
13 (i-5) An alien who has been admitted to the United
14 States under a non-immigrant visa (as that term is defined
15 in Section 101(a)(26) of the Immigration and Nationality
16 Act (8 U.S.C. 1101(a)(26))), except that this subsection
17 (i-5) does not apply to any alien who has been lawfully
18 admitted to the United States under a non-immigrant visa
19 if that alien is:
20 (1) admitted to the United States for lawful
21 hunting or sporting purposes;
22 (2) an official representative of a foreign
23 government who is:
24 (A) accredited to the United States Government
25 or the Government's mission to an international
26 organization having its headquarters in the United

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1 States; or
2 (B) en route to or from another country to
3 which that alien is accredited;
4 (3) an official of a foreign government or
5 distinguished foreign visitor who has been so
6 designated by the Department of State;
7 (4) a foreign law enforcement officer of a
8 friendly foreign government entering the United States
9 on official business; or
10 (5) one who has received a waiver from the
11 Attorney General of the United States pursuant to 18
12 U.S.C. 922(y)(3);
13 (j) (Blank);
14 (k) A person who has been convicted within the past 5
15 years of battery, assault, aggravated assault, violation
16 of an order of protection, or a substantially similar
17 offense in another jurisdiction, in which a firearm was
18 used or possessed;
19 (l) A person who has been convicted of domestic
20 battery, aggravated domestic battery, or a substantially
21 similar offense in another jurisdiction committed before,
22 on or after January 1, 2012 (the effective date of Public
23 Act 97-158). If the applicant or person who has been
24 previously issued a Firearm Owner's Identification Card
25 under this Act knowingly and intelligently waives the
26 right to have an offense described in this paragraph (l)

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1 tried by a jury, and by guilty plea or otherwise, results
2 in a conviction for an offense in which a domestic
3 relationship is not a required element of the offense but
4 in which a determination of the applicability of 18 U.S.C.
5 922(g)(9) is made under Section 112A-11.1 of the Code of
6 Criminal Procedure of 1963, an entry by the court of a
7 judgment of conviction for that offense shall be grounds
8 for denying an application for and for revoking and
9 seizing a Firearm Owner's Identification Card previously
10 issued to the person under this Act;
11 (m) (Blank);
12 (n) A person who is prohibited from acquiring or
13 possessing firearms or firearm ammunition by any Illinois
14 State statute or by federal law;
15 (o) A minor subject to a petition filed under Section
16 5-520 of the Juvenile Court Act of 1987 alleging that the
17 minor is a delinquent minor for the commission of an
18 offense that if committed by an adult would be a felony;
19 (p) An adult who had been adjudicated a delinquent
20 minor under the Juvenile Court Act of 1987 for the
21 commission of an offense that if committed by an adult
22 would be a felony;
23 (q) A person who is not a resident of the State of
24 Illinois, except as provided in subsection (a-10) of
25 Section 4;
26 (r) A person who has been adjudicated as a person with

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1 a mental disability;
2 (s) A person who has been found to have a
3 developmental disability;
4 (t) A person involuntarily admitted into a mental
5 health facility; or
6 (u) A person who has had his or her Firearm Owner's
7 Identification Card revoked or denied under subsection (e)
8 of this Section or item (iv) of paragraph (2) of
9 subsection (a) of Section 4 of this Act because he or she
10 was a patient in a mental health facility as provided in
11 subsection (e) of this Section, shall not be permitted to
12 obtain a Firearm Owner's Identification Card, after the
13 5-year period has lapsed, unless he or she has received a
14 mental health evaluation by a physician, clinical
15 psychologist, or qualified examiner as those terms are
16 defined in the Mental Health and Developmental
17 Disabilities Code, and has received a certification that
18 he or she is not a clear and present danger to himself,
19 herself, or others. The physician, clinical psychologist,
20 or qualified examiner making the certification and his or
21 her employer shall not be held criminally, civilly, or
22 professionally liable for making or not making the
23 certification required under this subsection, except for
24 willful or wanton misconduct. This subsection does not
25 apply to a person whose firearm possession rights have
26 been restored through administrative or judicial action

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1 under Section 10 or 11 of this Act; or .
2 (v) A person who is under guardianship under the
3 Probate Act of 1975 because he or she is a person with a
4 disability as defined in Section 11a-2 of the Probate Act
5 of 1975.
6 Upon revocation of a person's Firearm Owner's
7Identification Card, the Department of State Police shall
8provide notice to the person within 7 business days and the
9person shall comply with Section 9.5 of this Act.
10(Source: P.A. 101-80, eff. 7-12-19.)
11 (430 ILCS 65/8.4 new)
12 Sec. 8.4. Cancellation of Firearm Owner's Identification
13Card. The Illinois State Police may cancel a Firearm Owner's
14Identification Card if a person is not prohibited by State or
15federal law from acquiring or possessing a firearm or firearm
16ammunition and the sole purpose is for an administrative
17reason. "Administrative reason" includes, but is not limited
18to: a person who surrenders his or her Illinois drivers
19license or Illinois Identification Card to another
20jurisdiction, death, or in which a person's Firearm Owner's
21Identification Card is reported as lost, stolen, or destroyed.
22The Illinois State Police may adopt rules necessary to
23implement this Section.
24 (430 ILCS 65/9.5)

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1 Sec. 9.5. Revocation or suspension of Firearm Owner's
2Identification Card.
3 (a) A person who receives a revocation or suspension
4notice under Section 9 of this Act shall, within 48 hours of
5receiving notice of the revocation or suspension:
6 (1) surrender his or her Firearm Owner's
7 Identification Card to the local law enforcement agency
8 where the person resides. The local law enforcement agency
9 shall provide the person a receipt and transmit the
10 Firearm Owner's Identification Card to the Department of
11 State Police; and
12 (2) complete a Firearm Disposition Record on a form
13 prescribed by the Department of State Police and place his
14 or her firearms in the location or with the person
15 reported in the Firearm Disposition Record. The form shall
16 require the person to disclose:
17 (A) the make, model, and serial number of each
18 firearm owned by or under the custody and control of
19 the revoked or suspended person;
20 (B) the location where each firearm will be
21 maintained during the prohibited term; and
22 (C) if any firearm will be transferred to the
23 custody of another person, the name, address and
24 Firearm Owner's Identification Card number of the
25 transferee.
26 (a-5) The Firearm Disposition Record shall contain a

HB3039- 22 -LRB102 11922 KMF 17258 b
1statement to be signed by the transferee that the transferee:
2 (1) is aware of, and will abide by, current law
3 regarding the unlawful transfer of a firearm;
4 (2) is aware of the penalties for violating the law as
5 it pertains to unlawful transfer of a firearm; and
6 (3) intends to retain possession of the firearm or
7 firearms until it is determined that the transferor is
8 legally eligible to possess a firearm and has an active
9 Firearm Owner's Identification Card, if applicable, or
10 until a new person is chosen to hold the firearm or
11 firearms.
12 (b) The local law enforcement agency shall provide a copy
13of the Firearm Disposition Record to the person whose Firearm
14Owner's Identification Card has been revoked or suspended, the
15transferee, and to the Department of State Police.
16 (c) If the person whose Firearm Owner's Identification
17Card has been revoked or suspended fails to comply with the
18requirements of this Section, the sheriff or law enforcement
19agency where the person resides may petition the circuit court
20to issue a warrant to search for and seize the Firearm Owner's
21Identification Card and firearms in the possession or under
22the custody or control of the person whose Firearm Owner's
23Identification Card has been revoked or suspended.
24 (d) A violation of subsection (a) of this Section is a
25Class A misdemeanor.
26 (e) The observation of a Firearm Owner's Identification

HB3039- 23 -LRB102 11922 KMF 17258 b
1Card in the possession of a person whose Firearm Owner's
2Identification Card has been revoked or suspended constitutes
3a sufficient basis for the arrest of that person for violation
4of this Section.
5 (f) Within 30 days after the effective date of this
6amendatory Act of the 98th General Assembly, the Department of
7State Police shall provide written notice of the requirements
8of this Section to persons whose Firearm Owner's
9Identification Cards have been revoked, suspended, or expired
10and who have failed to surrender their cards to the
11Department.
12 (g) A person whose Firearm Owner's Identification Card has
13been revoked or suspended and who received notice under
14subsection (f) shall comply with the requirements of this
15Section within 48 hours of receiving notice.
16(Source: P.A. 98-63, eff. 7-9-13.)
17 Section 20. The Code of Criminal Procedure of 1963 is
18amended by changing Section 110-10 as follows:
19 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
20 Sec. 110-10. Conditions of bail bond.
21 (a) If a person is released prior to conviction, either
22upon payment of bail security or on his or her own
23recognizance, the conditions of the bail bond shall be that he
24or she will:

HB3039- 24 -LRB102 11922 KMF 17258 b
1 (1) Appear to answer the charge in the court having
2 jurisdiction on a day certain and thereafter as ordered by
3 the court until discharged or final order of the court;
4 (2) Submit himself or herself to the orders and
5 process of the court;
6 (3) Not depart this State without leave of the court;
7 (4) Not violate any criminal statute of any
8 jurisdiction;
9 (5) At a time and place designated by the court, the
10 defendant shall physically surrender each firearm in his
11 or her possession to a law enforcement agency designated
12 by the court to take custody of and impound the firearm and
13 physically surrender his or her Firearm Owner's
14 Identification Card to the law enforcement agency as a
15 condition of remaining on bond pending sentencing
16 surrender all firearms in his or her possession to a law
17 enforcement officer designated by the court to take
18 custody of and impound the firearms and physically
19 surrender his or her Firearm Owner's Identification Card
20 to the clerk of the circuit court when the offense the
21 person has been charged with is a forcible felony,
22 stalking, aggravated stalking, domestic battery, any
23 violation of the Illinois Controlled Substances Act, the
24 Methamphetamine Control and Community Protection Act, or
25 the Cannabis Control Act that is classified as a Class 2 or
26 greater felony, or any felony violation of Article 24 of

HB3039- 25 -LRB102 11922 KMF 17258 b
1 the Criminal Code of 1961 or the Criminal Code of 2012,
2 unless the defendant requests to transfer his or her
3 firearm under Section 9.5 of the Firearm Owners
4 Identification Card Act first. A defendant whose Firearm
5 Owner's Identification Card has been revoked or suspended
6 may petition the court to transfer the defendant's firearm
7 to a person who is lawfully able to possess the firearm if
8 the person does not reside at the same address as the
9 defendant. The transferee who receives the defendant's
10 firearm must swear or affirm by affidavit that he or she
11 shall not transfer the firearm to the defendant or to
12 anyone residing in the same residence as the defendant,
13 until the defendant's Firearm Owner's Identification Card
14 has been reinstated. The law enforcement agency, upon
15 transfer of the firearm, shall require the defendant to
16 complete a Firearm Disposition Record under Section 9.5 of
17 the Firearm Owners Identification Card Act and provide a
18 copy to the Illinois State Police along with the
19 defendant's Firearm Owner's Identification Card; the court
20 may, however, forgo the imposition of this condition when
21 the circumstances of the case clearly do not warrant it or
22 when its imposition would be impractical; each legally
23 possessed firearm shall be returned to the person upon
24 proof being provided to the law enforcement agency of the
25 reinstatement of the person's Firearm Owner's
26 Identification Card if the Firearm Owner's Identification

HB3039- 26 -LRB102 11922 KMF 17258 b
1 Card is confiscated, the clerk of the circuit court shall
2 mail the confiscated card to the Illinois State Police;
3 all legally possessed firearms shall be returned to the
4 person upon the charges being dismissed, or if the person
5 is found not guilty, unless the finding of not guilty is by
6 reason of insanity; and
7 (6) At a time and place designated by the court,
8 submit to a psychological evaluation when the person has
9 been charged with a violation of item (4) of subsection
10 (a) of Section 24-1 of the Criminal Code of 1961 or the
11 Criminal Code of 2012 and that violation occurred in a
12 school or in any conveyance owned, leased, or contracted
13 by a school to transport students to or from school or a
14 school-related activity, or on any public way within 1,000
15 feet of real property comprising any school.
16 Psychological evaluations ordered pursuant to this Section
17shall be completed promptly and made available to the State,
18the defendant, and the court. As a further condition of bail
19under these circumstances, the court shall order the defendant
20to refrain from entering upon the property of the school,
21including any conveyance owned, leased, or contracted by a
22school to transport students to or from school or a
23school-related activity, or on any public way within 1,000
24feet of real property comprising any school. Upon receipt of
25the psychological evaluation, either the State or the
26defendant may request a change in the conditions of bail,

HB3039- 27 -LRB102 11922 KMF 17258 b
1pursuant to Section 110-6 of this Code. The court may change
2the conditions of bail to include a requirement that the
3defendant follow the recommendations of the psychological
4evaluation, including undergoing psychiatric treatment. The
5conclusions of the psychological evaluation and any statements
6elicited from the defendant during its administration are not
7admissible as evidence of guilt during the course of any trial
8on the charged offense, unless the defendant places his or her
9mental competency in issue.
10 (b) The court may impose other conditions, such as the
11following, if the court finds that such conditions are
12reasonably necessary to assure the defendant's appearance in
13court, protect the public from the defendant, or prevent the
14defendant's unlawful interference with the orderly
15administration of justice:
16 (1) Report to or appear in person before such person
17 or agency as the court may direct;
18 (2) Refrain from possessing a firearm or other
19 dangerous weapon;
20 (3) Refrain from approaching or communicating with
21 particular persons or classes of persons;
22 (4) Refrain from going to certain described
23 geographical areas or premises;
24 (5) Refrain from engaging in certain activities or
25 indulging in intoxicating liquors or in certain drugs;
26 (6) Undergo treatment for drug addiction or

HB3039- 28 -LRB102 11922 KMF 17258 b
1 alcoholism;
2 (7) Undergo medical or psychiatric treatment;
3 (8) Work or pursue a course of study or vocational
4 training;
5 (9) Attend or reside in a facility designated by the
6 court;
7 (10) Support his or her dependents;
8 (11) If a minor resides with his or her parents or in a
9 foster home, attend school, attend a non-residential
10 program for youths, and contribute to his or her own
11 support at home or in a foster home;
12 (12) Observe any curfew ordered by the court;
13 (13) Remain in the custody of such designated person
14 or organization agreeing to supervise his release. Such
15 third party custodian shall be responsible for notifying
16 the court if the defendant fails to observe the conditions
17 of release which the custodian has agreed to monitor, and
18 shall be subject to contempt of court for failure so to
19 notify the court;
20 (14) Be placed under direct supervision of the
21 Pretrial Services Agency, Probation Department or Court
22 Services Department in a pretrial bond home supervision
23 capacity with or without the use of an approved electronic
24 monitoring device subject to Article 8A of Chapter V of
25 the Unified Code of Corrections;
26 (14.1) The court shall impose upon a defendant who is

HB3039- 29 -LRB102 11922 KMF 17258 b
1 charged with any alcohol, cannabis, methamphetamine, or
2 controlled substance violation and is placed under direct
3 supervision of the Pretrial Services Agency, Probation
4 Department or Court Services Department in a pretrial bond
5 home supervision capacity with the use of an approved
6 monitoring device, as a condition of such bail bond, a fee
7 that represents costs incidental to the electronic
8 monitoring for each day of such bail supervision ordered
9 by the court, unless after determining the inability of
10 the defendant to pay the fee, the court assesses a lesser
11 fee or no fee as the case may be. The fee shall be
12 collected by the clerk of the circuit court, except as
13 provided in an administrative order of the Chief Judge of
14 the circuit court. The clerk of the circuit court shall
15 pay all monies collected from this fee to the county
16 treasurer for deposit in the substance abuse services fund
17 under Section 5-1086.1 of the Counties Code, except as
18 provided in an administrative order of the Chief Judge of
19 the circuit court.
20 The Chief Judge of the circuit court of the county may
21 by administrative order establish a program for electronic
22 monitoring of offenders with regard to drug-related and
23 alcohol-related offenses, in which a vendor supplies and
24 monitors the operation of the electronic monitoring
25 device, and collects the fees on behalf of the county. The
26 program shall include provisions for indigent offenders

HB3039- 30 -LRB102 11922 KMF 17258 b
1 and the collection of unpaid fees. The program shall not
2 unduly burden the offender and shall be subject to review
3 by the Chief Judge.
4 The Chief Judge of the circuit court may suspend any
5 additional charges or fees for late payment, interest, or
6 damage to any device;
7 (14.2) The court shall impose upon all defendants,
8 including those defendants subject to paragraph (14.1)
9 above, placed under direct supervision of the Pretrial
10 Services Agency, Probation Department or Court Services
11 Department in a pretrial bond home supervision capacity
12 with the use of an approved monitoring device, as a
13 condition of such bail bond, a fee which shall represent
14 costs incidental to such electronic monitoring for each
15 day of such bail supervision ordered by the court, unless
16 after determining the inability of the defendant to pay
17 the fee, the court assesses a lesser fee or no fee as the
18 case may be. The fee shall be collected by the clerk of the
19 circuit court, except as provided in an administrative
20 order of the Chief Judge of the circuit court. The clerk of
21 the circuit court shall pay all monies collected from this
22 fee to the county treasurer who shall use the monies
23 collected to defray the costs of corrections. The county
24 treasurer shall deposit the fee collected in the county
25 working cash fund under Section 6-27001 or Section 6-29002
26 of the Counties Code, as the case may be, except as

HB3039- 31 -LRB102 11922 KMF 17258 b
1 provided in an administrative order of the Chief Judge of
2 the circuit court.
3 The Chief Judge of the circuit court of the county may
4 by administrative order establish a program for electronic
5 monitoring of offenders with regard to drug-related and
6 alcohol-related offenses, in which a vendor supplies and
7 monitors the operation of the electronic monitoring
8 device, and collects the fees on behalf of the county. The
9 program shall include provisions for indigent offenders
10 and the collection of unpaid fees. The program shall not
11 unduly burden the offender and shall be subject to review
12 by the Chief Judge.
13 The Chief Judge of the circuit court may suspend any
14 additional charges or fees for late payment, interest, or
15 damage to any device;
16 (14.3) The Chief Judge of the Judicial Circuit may
17 establish reasonable fees to be paid by a person receiving
18 pretrial services while under supervision of a pretrial
19 services agency, probation department, or court services
20 department. Reasonable fees may be charged for pretrial
21 services including, but not limited to, pretrial
22 supervision, diversion programs, electronic monitoring,
23 victim impact services, drug and alcohol testing, DNA
24 testing, GPS electronic monitoring, assessments and
25 evaluations related to domestic violence and other
26 victims, and victim mediation services. The person

HB3039- 32 -LRB102 11922 KMF 17258 b
1 receiving pretrial services may be ordered to pay all
2 costs incidental to pretrial services in accordance with
3 his or her ability to pay those costs;
4 (14.4) For persons charged with violating Section
5 11-501 of the Illinois Vehicle Code, refrain from
6 operating a motor vehicle not equipped with an ignition
7 interlock device, as defined in Section 1-129.1 of the
8 Illinois Vehicle Code, pursuant to the rules promulgated
9 by the Secretary of State for the installation of ignition
10 interlock devices. Under this condition the court may
11 allow a defendant who is not self-employed to operate a
12 vehicle owned by the defendant's employer that is not
13 equipped with an ignition interlock device in the course
14 and scope of the defendant's employment;
15 (15) Comply with the terms and conditions of an order
16 of protection issued by the court under the Illinois
17 Domestic Violence Act of 1986 or an order of protection
18 issued by the court of another state, tribe, or United
19 States territory;
20 (16) Under Section 110-6.5 comply with the conditions
21 of the drug testing program; and
22 (17) Such other reasonable conditions as the court may
23 impose.
24 (c) When a person is charged with an offense under Section
2511-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
2612-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the

HB3039- 33 -LRB102 11922 KMF 17258 b
1Criminal Code of 2012, involving a victim who is a minor under
218 years of age living in the same household with the defendant
3at the time of the offense, in granting bail or releasing the
4defendant on his own recognizance, the judge shall impose
5conditions to restrict the defendant's access to the victim
6which may include, but are not limited to conditions that he
7will:
8 1. Vacate the household.
9 2. Make payment of temporary support to his
10 dependents.
11 3. Refrain from contact or communication with the
12 child victim, except as ordered by the court.
13 (d) When a person is charged with a criminal offense and
14the victim is a family or household member as defined in
15Article 112A, conditions shall be imposed at the time of the
16defendant's release on bond that restrict the defendant's
17access to the victim. Unless provided otherwise by the court,
18the restrictions shall include requirements that the defendant
19do the following:
20 (1) refrain from contact or communication with the
21 victim for a minimum period of 72 hours following the
22 defendant's release; and
23 (2) refrain from entering or remaining at the victim's
24 residence for a minimum period of 72 hours following the
25 defendant's release.
26 (e) Local law enforcement agencies shall develop

HB3039- 34 -LRB102 11922 KMF 17258 b
1standardized bond forms for use in cases involving family or
2household members as defined in Article 112A, including
3specific conditions of bond as provided in subsection (d).
4Failure of any law enforcement department to develop or use
5those forms shall in no way limit the applicability and
6enforcement of subsections (d) and (f).
7 (f) If the defendant is admitted to bail after conviction
8the conditions of the bail bond shall be that he will, in
9addition to the conditions set forth in subsections (a) and
10(b) hereof:
11 (1) Duly prosecute his appeal;
12 (2) Appear at such time and place as the court may
13 direct;
14 (3) Not depart this State without leave of the court;
15 (4) Comply with such other reasonable conditions as
16 the court may impose; and
17 (5) If the judgment is affirmed or the cause reversed
18 and remanded for a new trial, forthwith surrender to the
19 officer from whose custody he was bailed.
20 (g) Upon a finding of guilty for any felony offense, the
21defendant shall physically surrender, at a time and place
22designated by the court, each firearm in his or her possession
23to a law enforcement officer designated by the court to take
24custody of and impound the firearm and physically surrender
25his or her Firearm Owner's Identification Card to the law
26enforcement agency as a condition of remaining on bond pending

HB3039- 35 -LRB102 11922 KMF 17258 b
1sentencing, unless the defendant requests to transfer his or
2her firearm under Section 9.5 of the Firearm Owners
3Identification Card Act first. A defendant whose Firearm
4Owner's Identification Card has been revoked or suspended may
5petition the court to transfer the defendant's firearm to a
6person who is lawfully able to possess the firearm if the
7person does not reside at the same address as the defendant.
8The transferee who receives the defendant's firearm must swear
9or affirm by affidavit that he or she shall not transfer the
10firearm to the defendant or to anyone residing in the same
11residence as the defendant, until the defendant's Firearm
12Owner's Identification Card has been reinstated. The law
13enforcement agency, upon transfer of the firearm, shall
14require the defendant to complete a Firearm Disposition Record
15under Section 9.5 of the Firearm Owners Identification Card
16Act and provide a copy to the Illinois State Police along with
17the defendant's Firearm Owner's Identification Card the
18defendant shall physically surrender, at a time and place
19designated by the court, any and all firearms in his or her
20possession and his or her Firearm Owner's Identification Card
21as a condition of remaining on bond pending sentencing.
22 (h) In the event the defendant is unable to post bond, the
23court may impose a no contact provision with the victim or
24other interested party that shall be enforced while the
25defendant remains in custody.
26 (i) Upon indictment for any felony offense, the defendant

HB3039- 36 -LRB102 11922 KMF 17258 b
1shall physically surrender, at a time and place designated by
2the court, each firearm in his or her possession to a law
3enforcement officer designated by the court to take custody of
4and impound the firearm and physically surrender his or her
5Firearm Owner's Identification Card to the law enforcement
6agency as a condition of remaining on bond pending sentencing,
7unless the defendant requests to transfer his or her firearm
8under Section 9.5 of the Firearm Owners Identification Card
9Act first. A defendant whose Firearm Owner's Identification
10Card has been revoked or suspended may petition the court to
11transfer the defendant's firearm to a person who is lawfully
12able to possess the firearm if the person does not reside at
13the same address as the defendant. The transferee who receives
14the defendant's firearm must swear or affirm by affidavit that
15he or she shall not transfer the firearm to the defendant or to
16anyone residing in the same residence as the defendant, until
17the defendant's Firearm Owner's Identification Card has been
18reinstated. The law enforcement agency upon transfer of the
19firearm shall require the defendant to complete a Firearm
20Disposition Record under Section 9.5 of the Firearm Owners
21Identification Card Act and provide a copy to the Illinois
22State Police along with the defendant's Firearm Owner's
23Identification Card. Each legally possessed firearm shall be
24returned to the person upon proof being provided to the law
25enforcement agency of the reinstatement of the person's
26Firearm Owner's Identification Card.

HB3039- 37 -LRB102 11922 KMF 17258 b
1(Source: P.A. 101-138, eff. 1-1-20.)
2 Section 25. The Unified Code of Corrections is amended by
3changing Section 5-6-3 as follows:
4 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
5 Sec. 5-6-3. Conditions of probation and of conditional
6discharge.
7 (a) The conditions of probation and of conditional
8discharge shall be that the person:
9 (1) not violate any criminal statute of any
10 jurisdiction;
11 (2) report to or appear in person before such person
12 or agency as directed by the court;
13 (3) refrain from possessing a firearm or other
14 dangerous weapon where the offense is a felony or, if a
15 misdemeanor, the offense involved the intentional or
16 knowing infliction of bodily harm or threat of bodily
17 harm;
18 (4) not leave the State without the consent of the
19 court or, in circumstances in which the reason for the
20 absence is of such an emergency nature that prior consent
21 by the court is not possible, without the prior
22 notification and approval of the person's probation
23 officer. Transfer of a person's probation or conditional
24 discharge supervision to another state is subject to

HB3039- 38 -LRB102 11922 KMF 17258 b
1 acceptance by the other state pursuant to the Interstate
2 Compact for Adult Offender Supervision;
3 (5) permit the probation officer to visit him at his
4 home or elsewhere to the extent necessary to discharge his
5 duties;
6 (6) perform no less than 30 hours of community service
7 and not more than 120 hours of community service, if
8 community service is available in the jurisdiction and is
9 funded and approved by the county board where the offense
10 was committed, where the offense was related to or in
11 furtherance of the criminal activities of an organized
12 gang and was motivated by the offender's membership in or
13 allegiance to an organized gang. The community service
14 shall include, but not be limited to, the cleanup and
15 repair of any damage caused by a violation of Section
16 21-1.3 of the Criminal Code of 1961 or the Criminal Code of
17 2012 and similar damage to property located within the
18 municipality or county in which the violation occurred.
19 When possible and reasonable, the community service should
20 be performed in the offender's neighborhood. For purposes
21 of this Section, "organized gang" has the meaning ascribed
22 to it in Section 10 of the Illinois Streetgang Terrorism
23 Omnibus Prevention Act. The court may give credit toward
24 the fulfillment of community service hours for
25 participation in activities and treatment as determined by
26 court services;

HB3039- 39 -LRB102 11922 KMF 17258 b
1 (7) if he or she is at least 17 years of age and has
2 been sentenced to probation or conditional discharge for a
3 misdemeanor or felony in a county of 3,000,000 or more
4 inhabitants and has not been previously convicted of a
5 misdemeanor or felony, may be required by the sentencing
6 court to attend educational courses designed to prepare
7 the defendant for a high school diploma and to work toward
8 a high school diploma or to work toward passing high
9 school equivalency testing or to work toward completing a
10 vocational training program approved by the court. The
11 person on probation or conditional discharge must attend a
12 public institution of education to obtain the educational
13 or vocational training required by this paragraph (7). The
14 court shall revoke the probation or conditional discharge
15 of a person who wilfully fails to comply with this
16 paragraph (7). The person on probation or conditional
17 discharge shall be required to pay for the cost of the
18 educational courses or high school equivalency testing if
19 a fee is charged for those courses or testing. The court
20 shall resentence the offender whose probation or
21 conditional discharge has been revoked as provided in
22 Section 5-6-4. This paragraph (7) does not apply to a
23 person who has a high school diploma or has successfully
24 passed high school equivalency testing. This paragraph (7)
25 does not apply to a person who is determined by the court
26 to be a person with a developmental disability or

HB3039- 40 -LRB102 11922 KMF 17258 b
1 otherwise mentally incapable of completing the educational
2 or vocational program;
3 (8) if convicted of possession of a substance
4 prohibited by the Cannabis Control Act, the Illinois
5 Controlled Substances Act, or the Methamphetamine Control
6 and Community Protection Act after a previous conviction
7 or disposition of supervision for possession of a
8 substance prohibited by the Cannabis Control Act or
9 Illinois Controlled Substances Act or after a sentence of
10 probation under Section 10 of the Cannabis Control Act,
11 Section 410 of the Illinois Controlled Substances Act, or
12 Section 70 of the Methamphetamine Control and Community
13 Protection Act and upon a finding by the court that the
14 person is addicted, undergo treatment at a substance abuse
15 program approved by the court;
16 (8.5) if convicted of a felony sex offense as defined
17 in the Sex Offender Management Board Act, the person shall
18 undergo and successfully complete sex offender treatment
19 by a treatment provider approved by the Board and
20 conducted in conformance with the standards developed
21 under the Sex Offender Management Board Act;
22 (8.6) if convicted of a sex offense as defined in the
23 Sex Offender Management Board Act, refrain from residing
24 at the same address or in the same condominium unit or
25 apartment unit or in the same condominium complex or
26 apartment complex with another person he or she knows or

HB3039- 41 -LRB102 11922 KMF 17258 b
1 reasonably should know is a convicted sex offender or has
2 been placed on supervision for a sex offense; the
3 provisions of this paragraph do not apply to a person
4 convicted of a sex offense who is placed in a Department of
5 Corrections licensed transitional housing facility for sex
6 offenders;
7 (8.7) if convicted for an offense committed on or
8 after June 1, 2008 (the effective date of Public Act
9 95-464) that would qualify the accused as a child sex
10 offender as defined in Section 11-9.3 or 11-9.4 of the
11 Criminal Code of 1961 or the Criminal Code of 2012,
12 refrain from communicating with or contacting, by means of
13 the Internet, a person who is not related to the accused
14 and whom the accused reasonably believes to be under 18
15 years of age; for purposes of this paragraph (8.7),
16 "Internet" has the meaning ascribed to it in Section
17 16-0.1 of the Criminal Code of 2012; and a person is not
18 related to the accused if the person is not: (i) the
19 spouse, brother, or sister of the accused; (ii) a
20 descendant of the accused; (iii) a first or second cousin
21 of the accused; or (iv) a step-child or adopted child of
22 the accused;
23 (8.8) if convicted for an offense under Section 11-6,
24 11-9.1, 11-14.4 that involves soliciting for a juvenile
25 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
26 of the Criminal Code of 1961 or the Criminal Code of 2012,

HB3039- 42 -LRB102 11922 KMF 17258 b
1 or any attempt to commit any of these offenses, committed
2 on or after June 1, 2009 (the effective date of Public Act
3 95-983):
4 (i) not access or use a computer or any other
5 device with Internet capability without the prior
6 written approval of the offender's probation officer,
7 except in connection with the offender's employment or
8 search for employment with the prior approval of the
9 offender's probation officer;
10 (ii) submit to periodic unannounced examinations
11 of the offender's computer or any other device with
12 Internet capability by the offender's probation
13 officer, a law enforcement officer, or assigned
14 computer or information technology specialist,
15 including the retrieval and copying of all data from
16 the computer or device and any internal or external
17 peripherals and removal of such information,
18 equipment, or device to conduct a more thorough
19 inspection;
20 (iii) submit to the installation on the offender's
21 computer or device with Internet capability, at the
22 offender's expense, of one or more hardware or
23 software systems to monitor the Internet use; and
24 (iv) submit to any other appropriate restrictions
25 concerning the offender's use of or access to a
26 computer or any other device with Internet capability

HB3039- 43 -LRB102 11922 KMF 17258 b
1 imposed by the offender's probation officer;
2 (8.9) if convicted of a sex offense as defined in the
3 Sex Offender Registration Act committed on or after
4 January 1, 2010 (the effective date of Public Act 96-262),
5 refrain from accessing or using a social networking
6 website as defined in Section 17-0.5 of the Criminal Code
7 of 2012;
8 (9) if convicted of a felony or of any misdemeanor
9 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
10 12-3.5 of the Criminal Code of 1961 or the Criminal Code of
11 2012 that was determined, pursuant to Section 112A-11.1 of
12 the Code of Criminal Procedure of 1963, to trigger the
13 prohibitions of 18 U.S.C. 922(g)(9), the defendant shall
14 physically surrender, at a time and place designated by
15 the court, each firearm in his or her possession to a law
16 enforcement officer designated by the court to take
17 custody of and impound the firearm and physically
18 surrender his or her Firearm Owner's Identification Card
19 to the law enforcement agency as a condition of remaining
20 on bond pending sentencing, unless the defendant requests
21 to transfer his or her firearm under Section 9.5 of the
22 Firearm Owners Identification Card Act first. A defendant
23 whose Firearm Owner's Identification Card has been revoked
24 or suspended may petition the court to transfer the
25 defendant's firearm to a person who is lawfully able to
26 possess the firearm if the person does not reside at the

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1 same address as the defendant. The transferee who receives
2 the defendant's firearm must swear or affirm by affidavit
3 that he or she shall not transfer the firearm to the
4 defendant or to anyone residing in the same residence as
5 the defendant, until the defendant's Firearm Owner's
6 Identification Card has been reinstated. The law
7 enforcement agency, upon transfer of the firearm, shall
8 require the defendant to complete a Firearm Disposition
9 Record under Section 9.5 of the Firearm Owners
10 Identification Card Act and provide a copy to the Illinois
11 State Police along with the defendant's Firearm Owner's
12 Identification Card physically surrender at a time and
13 place designated by the court, his or her Firearm Owner's
14 Identification Card and any and all firearms in his or her
15 possession. The Court shall return to the Department of
16 State Police Firearm Owner's Identification Card Office
17 the person's Firearm Owner's Identification Card;
18 (10) if convicted of a sex offense as defined in
19 subsection (a-5) of Section 3-1-2 of this Code, unless the
20 offender is a parent or guardian of the person under 18
21 years of age present in the home and no non-familial
22 minors are present, not participate in a holiday event
23 involving children under 18 years of age, such as
24 distributing candy or other items to children on
25 Halloween, wearing a Santa Claus costume on or preceding
26 Christmas, being employed as a department store Santa

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1 Claus, or wearing an Easter Bunny costume on or preceding
2 Easter;
3 (11) if convicted of a sex offense as defined in
4 Section 2 of the Sex Offender Registration Act committed
5 on or after January 1, 2010 (the effective date of Public
6 Act 96-362) that requires the person to register as a sex
7 offender under that Act, may not knowingly use any
8 computer scrub software on any computer that the sex
9 offender uses;
10 (12) if convicted of a violation of the
11 Methamphetamine Control and Community Protection Act, the
12 Methamphetamine Precursor Control Act, or a
13 methamphetamine related offense:
14 (A) prohibited from purchasing, possessing, or
15 having under his or her control any product containing
16 pseudoephedrine unless prescribed by a physician; and
17 (B) prohibited from purchasing, possessing, or
18 having under his or her control any product containing
19 ammonium nitrate; and
20 (13) if convicted of a hate crime involving the
21 protected class identified in subsection (a) of Section
22 12-7.1 of the Criminal Code of 2012 that gave rise to the
23 offense the offender committed, perform public or
24 community service of no less than 200 hours and enroll in
25 an educational program discouraging hate crimes that
26 includes racial, ethnic, and cultural sensitivity training

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1 ordered by the court; .
2 (14) if convicted of a felony, the defendant shall
3 physically surrender, at a time and place designated by
4 the court, each firearm in his or her possession to a law
5 enforcement officer designated by the court to take
6 custody of and impound the firearm and physically
7 surrender his or her Firearm Owner's Identification Card
8 to the law enforcement agency as a condition of remaining
9 on bond pending sentencing, unless the defendant requests
10 to transfer his or her firearm under Section 9.5 of the
11 Firearm Owners Identification Card Act first. A defendant
12 whose Firearm Owner's Identification Card has been revoked
13 or suspended may petition the court to transfer the
14 defendant's firearm to a person who is lawfully able to
15 possess the firearm if the person does not reside at the
16 same address as the defendant. The transferee who receives
17 the defendant's firearm must swear or affirm by affidavit
18 that he or she shall not transfer the firearm to the
19 defendant or to anyone residing in the same residence as
20 the defendant, until the defendant's Firearm Owner's
21 Identification Card has been reinstated. The law
22 enforcement agency, upon transfer of the firearm, shall
23 require the defendant to complete a Firearm Disposition
24 Record under Section 9.5 of the Firearm Owners
25 Identification Card Act and provide a copy to the Illinois
26 State Police along with the defendant's Firearm Owner's

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1 Identification Card; and
2 (15) if the person is under 21 years of age who has
3 been convicted of a misdemeanor offense other than a
4 traffic offense, the defendant shall physically surrender,
5 at a time and place designated by the court, each firearm
6 in his or her possession to a law enforcement officer
7 designated by the court to take custody of and impound the
8 firearm and physically surrender his or her Firearm
9 Owner's Identification Card to the law enforcement agency
10 as a condition of remaining on bond pending sentencing,
11 unless the defendant requests to transfer his or her
12 firearm under Section 9.5 of the Firearm Owners
13 Identification Card Act first. A defendant whose Firearm
14 Owner's Identification Card has been revoked or suspended
15 may petition the court to transfer the defendant's firearm
16 to a person who is lawfully able to possess the firearm if
17 the person does not reside at the same address as the
18 defendant. The transferee who receives the defendant's
19 firearm must swear or affirm by affidavit that he or she
20 shall not transfer the firearm to the defendant or to
21 anyone residing in the same residence as the defendant,
22 until the defendant's Firearm Owner's Identification Card
23 has been reinstated. The law enforcement agency, upon
24 transfer of the firearm, shall require the defendant to
25 complete a Firearm Disposition Record under Section 9.5 of
26 the Firearm Owners Identification Card Act and provide a

HB3039- 48 -LRB102 11922 KMF 17258 b
1 copy to the Illinois State Police along with the
2 defendant's Firearm Owner's Identification Card.
3 (b) The Court may in addition to other reasonable
4conditions relating to the nature of the offense or the
5rehabilitation of the defendant as determined for each
6defendant in the proper discretion of the Court require that
7the person:
8 (1) serve a term of periodic imprisonment under
9 Article 7 for a period not to exceed that specified in
10 paragraph (d) of Section 5-7-1;
11 (2) pay a fine and costs;
12 (3) work or pursue a course of study or vocational
13 training;
14 (4) undergo medical, psychological or psychiatric
15 treatment; or treatment for drug addiction or alcoholism;
16 (5) attend or reside in a facility established for the
17 instruction or residence of defendants on probation;
18 (6) support his dependents;
19 (7) and in addition, if a minor:
20 (i) reside with his parents or in a foster home;
21 (ii) attend school;
22 (iii) attend a non-residential program for youth;
23 (iv) contribute to his own support at home or in a
24 foster home;
25 (v) with the consent of the superintendent of the
26 facility, attend an educational program at a facility

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1 other than the school in which the offense was
2 committed if he or she is convicted of a crime of
3 violence as defined in Section 2 of the Crime Victims
4 Compensation Act committed in a school, on the real
5 property comprising a school, or within 1,000 feet of
6 the real property comprising a school;
7 (8) make restitution as provided in Section 5-5-6 of
8 this Code;
9 (9) perform some reasonable public or community
10 service;
11 (10) serve a term of home confinement. In addition to
12 any other applicable condition of probation or conditional
13 discharge, the conditions of home confinement shall be
14 that the offender:
15 (i) remain within the interior premises of the
16 place designated for his confinement during the hours
17 designated by the court;
18 (ii) admit any person or agent designated by the
19 court into the offender's place of confinement at any
20 time for purposes of verifying the offender's
21 compliance with the conditions of his confinement; and
22 (iii) if further deemed necessary by the court or
23 the Probation or Court Services Department, be placed
24 on an approved electronic monitoring device, subject
25 to Article 8A of Chapter V;
26 (iv) for persons convicted of any alcohol,

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1 cannabis or controlled substance violation who are
2 placed on an approved monitoring device as a condition
3 of probation or conditional discharge, the court shall
4 impose a reasonable fee for each day of the use of the
5 device, as established by the county board in
6 subsection (g) of this Section, unless after
7 determining the inability of the offender to pay the
8 fee, the court assesses a lesser fee or no fee as the
9 case may be. This fee shall be imposed in addition to
10 the fees imposed under subsections (g) and (i) of this
11 Section. The fee shall be collected by the clerk of the
12 circuit court, except as provided in an administrative
13 order of the Chief Judge of the circuit court. The
14 clerk of the circuit court shall pay all monies
15 collected from this fee to the county treasurer for
16 deposit in the substance abuse services fund under
17 Section 5-1086.1 of the Counties Code, except as
18 provided in an administrative order of the Chief Judge
19 of the circuit court.
20 The Chief Judge of the circuit court of the county
21 may by administrative order establish a program for
22 electronic monitoring of offenders, in which a vendor
23 supplies and monitors the operation of the electronic
24 monitoring device, and collects the fees on behalf of
25 the county. The program shall include provisions for
26 indigent offenders and the collection of unpaid fees.

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1 The program shall not unduly burden the offender and
2 shall be subject to review by the Chief Judge.
3 The Chief Judge of the circuit court may suspend
4 any additional charges or fees for late payment,
5 interest, or damage to any device; and
6 (v) for persons convicted of offenses other than
7 those referenced in clause (iv) above and who are
8 placed on an approved monitoring device as a condition
9 of probation or conditional discharge, the court shall
10 impose a reasonable fee for each day of the use of the
11 device, as established by the county board in
12 subsection (g) of this Section, unless after
13 determining the inability of the defendant to pay the
14 fee, the court assesses a lesser fee or no fee as the
15 case may be. This fee shall be imposed in addition to
16 the fees imposed under subsections (g) and (i) of this
17 Section. The fee shall be collected by the clerk of the
18 circuit court, except as provided in an administrative
19 order of the Chief Judge of the circuit court. The
20 clerk of the circuit court shall pay all monies
21 collected from this fee to the county treasurer who
22 shall use the monies collected to defray the costs of
23 corrections. The county treasurer shall deposit the
24 fee collected in the probation and court services
25 fund. The Chief Judge of the circuit court of the
26 county may by administrative order establish a program

HB3039- 52 -LRB102 11922 KMF 17258 b
1 for electronic monitoring of offenders, in which a
2 vendor supplies and monitors the operation of the
3 electronic monitoring device, and collects the fees on
4 behalf of the county. The program shall include
5 provisions for indigent offenders and the collection
6 of unpaid fees. The program shall not unduly burden
7 the offender and shall be subject to review by the
8 Chief Judge.
9 The Chief Judge of the circuit court may suspend
10 any additional charges or fees for late payment,
11 interest, or damage to any device.
12 (11) comply with the terms and conditions of an order
13 of protection issued by the court pursuant to the Illinois
14 Domestic Violence Act of 1986, as now or hereafter
15 amended, or an order of protection issued by the court of
16 another state, tribe, or United States territory. A copy
17 of the order of protection shall be transmitted to the
18 probation officer or agency having responsibility for the
19 case;
20 (12) reimburse any "local anti-crime program" as
21 defined in Section 7 of the Anti-Crime Advisory Council
22 Act for any reasonable expenses incurred by the program on
23 the offender's case, not to exceed the maximum amount of
24 the fine authorized for the offense for which the
25 defendant was sentenced;
26 (13) contribute a reasonable sum of money, not to

HB3039- 53 -LRB102 11922 KMF 17258 b
1 exceed the maximum amount of the fine authorized for the
2 offense for which the defendant was sentenced, (i) to a
3 "local anti-crime program", as defined in Section 7 of the
4 Anti-Crime Advisory Council Act, or (ii) for offenses
5 under the jurisdiction of the Department of Natural
6 Resources, to the fund established by the Department of
7 Natural Resources for the purchase of evidence for
8 investigation purposes and to conduct investigations as
9 outlined in Section 805-105 of the Department of Natural
10 Resources (Conservation) Law;
11 (14) refrain from entering into a designated
12 geographic area except upon such terms as the court finds
13 appropriate. Such terms may include consideration of the
14 purpose of the entry, the time of day, other persons
15 accompanying the defendant, and advance approval by a
16 probation officer, if the defendant has been placed on
17 probation or advance approval by the court, if the
18 defendant was placed on conditional discharge;
19 (15) refrain from having any contact, directly or
20 indirectly, with certain specified persons or particular
21 types of persons, including but not limited to members of
22 street gangs and drug users or dealers;
23 (16) refrain from having in his or her body the
24 presence of any illicit drug prohibited by the Cannabis
25 Control Act, the Illinois Controlled Substances Act, or
26 the Methamphetamine Control and Community Protection Act,

HB3039- 54 -LRB102 11922 KMF 17258 b
1 unless prescribed by a physician, and submit samples of
2 his or her blood or urine or both for tests to determine
3 the presence of any illicit drug;
4 (17) if convicted for an offense committed on or after
5 June 1, 2008 (the effective date of Public Act 95-464)
6 that would qualify the accused as a child sex offender as
7 defined in Section 11-9.3 or 11-9.4 of the Criminal Code
8 of 1961 or the Criminal Code of 2012, refrain from
9 communicating with or contacting, by means of the
10 Internet, a person who is related to the accused and whom
11 the accused reasonably believes to be under 18 years of
12 age; for purposes of this paragraph (17), "Internet" has
13 the meaning ascribed to it in Section 16-0.1 of the
14 Criminal Code of 2012; and a person is related to the
15 accused if the person is: (i) the spouse, brother, or
16 sister of the accused; (ii) a descendant of the accused;
17 (iii) a first or second cousin of the accused; or (iv) a
18 step-child or adopted child of the accused;
19 (18) if convicted for an offense committed on or after
20 June 1, 2009 (the effective date of Public Act 95-983)
21 that would qualify as a sex offense as defined in the Sex
22 Offender Registration Act:
23 (i) not access or use a computer or any other
24 device with Internet capability without the prior
25 written approval of the offender's probation officer,
26 except in connection with the offender's employment or

HB3039- 55 -LRB102 11922 KMF 17258 b
1 search for employment with the prior approval of the
2 offender's probation officer;
3 (ii) submit to periodic unannounced examinations
4 of the offender's computer or any other device with
5 Internet capability by the offender's probation
6 officer, a law enforcement officer, or assigned
7 computer or information technology specialist,
8 including the retrieval and copying of all data from
9 the computer or device and any internal or external
10 peripherals and removal of such information,
11 equipment, or device to conduct a more thorough
12 inspection;
13 (iii) submit to the installation on the offender's
14 computer or device with Internet capability, at the
15 subject's expense, of one or more hardware or software
16 systems to monitor the Internet use; and
17 (iv) submit to any other appropriate restrictions
18 concerning the offender's use of or access to a
19 computer or any other device with Internet capability
20 imposed by the offender's probation officer; and
21 (19) refrain from possessing a firearm or other
22 dangerous weapon where the offense is a misdemeanor that
23 did not involve the intentional or knowing infliction of
24 bodily harm or threat of bodily harm.
25 (c) The court may as a condition of probation or of
26conditional discharge require that a person under 18 years of

HB3039- 56 -LRB102 11922 KMF 17258 b
1age found guilty of any alcohol, cannabis or controlled
2substance violation, refrain from acquiring a driver's license
3during the period of probation or conditional discharge. If
4such person is in possession of a permit or license, the court
5may require that the minor refrain from driving or operating
6any motor vehicle during the period of probation or
7conditional discharge, except as may be necessary in the
8course of the minor's lawful employment.
9 (d) An offender sentenced to probation or to conditional
10discharge shall be given a certificate setting forth the
11conditions thereof.
12 (e) Except where the offender has committed a fourth or
13subsequent violation of subsection (c) of Section 6-303 of the
14Illinois Vehicle Code, the court shall not require as a
15condition of the sentence of probation or conditional
16discharge that the offender be committed to a period of
17imprisonment in excess of 6 months. This 6-month limit shall
18not include periods of confinement given pursuant to a
19sentence of county impact incarceration under Section 5-8-1.2.
20 Persons committed to imprisonment as a condition of
21probation or conditional discharge shall not be committed to
22the Department of Corrections.
23 (f) The court may combine a sentence of periodic
24imprisonment under Article 7 or a sentence to a county impact
25incarceration program under Article 8 with a sentence of
26probation or conditional discharge.

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1 (g) An offender sentenced to probation or to conditional
2discharge and who during the term of either undergoes
3mandatory drug or alcohol testing, or both, or is assigned to
4be placed on an approved electronic monitoring device, shall
5be ordered to pay all costs incidental to such mandatory drug
6or alcohol testing, or both, and all costs incidental to such
7approved electronic monitoring in accordance with the
8defendant's ability to pay those costs. The county board with
9the concurrence of the Chief Judge of the judicial circuit in
10which the county is located shall establish reasonable fees
11for the cost of maintenance, testing, and incidental expenses
12related to the mandatory drug or alcohol testing, or both, and
13all costs incidental to approved electronic monitoring,
14involved in a successful probation program for the county. The
15concurrence of the Chief Judge shall be in the form of an
16administrative order. The fees shall be collected by the clerk
17of the circuit court, except as provided in an administrative
18order of the Chief Judge of the circuit court. The clerk of the
19circuit court shall pay all moneys collected from these fees
20to the county treasurer who shall use the moneys collected to
21defray the costs of drug testing, alcohol testing, and
22electronic monitoring. The county treasurer shall deposit the
23fees collected in the county working cash fund under Section
246-27001 or Section 6-29002 of the Counties Code, as the case
25may be. The Chief Judge of the circuit court of the county may
26by administrative order establish a program for electronic

HB3039- 58 -LRB102 11922 KMF 17258 b
1monitoring of offenders, in which a vendor supplies and
2monitors the operation of the electronic monitoring device,
3and collects the fees on behalf of the county. The program
4shall include provisions for indigent offenders and the
5collection of unpaid fees. The program shall not unduly burden
6the offender and shall be subject to review by the Chief Judge.
7 The Chief Judge of the circuit court may suspend any
8additional charges or fees for late payment, interest, or
9damage to any device.
10 (h) Jurisdiction over an offender may be transferred from
11the sentencing court to the court of another circuit with the
12concurrence of both courts. Further transfers or retransfers
13of jurisdiction are also authorized in the same manner. The
14court to which jurisdiction has been transferred shall have
15the same powers as the sentencing court. The probation
16department within the circuit to which jurisdiction has been
17transferred, or which has agreed to provide supervision, may
18impose probation fees upon receiving the transferred offender,
19as provided in subsection (i). For all transfer cases, as
20defined in Section 9b of the Probation and Probation Officers
21Act, the probation department from the original sentencing
22court shall retain all probation fees collected prior to the
23transfer. After the transfer, all probation fees shall be paid
24to the probation department within the circuit to which
25jurisdiction has been transferred.
26 (i) The court shall impose upon an offender sentenced to

HB3039- 59 -LRB102 11922 KMF 17258 b
1probation after January 1, 1989 or to conditional discharge
2after January 1, 1992 or to community service under the
3supervision of a probation or court services department after
4January 1, 2004, as a condition of such probation or
5conditional discharge or supervised community service, a fee
6of $50 for each month of probation or conditional discharge
7supervision or supervised community service ordered by the
8court, unless after determining the inability of the person
9sentenced to probation or conditional discharge or supervised
10community service to pay the fee, the court assesses a lesser
11fee. The court may not impose the fee on a minor who is placed
12in the guardianship or custody of the Department of Children
13and Family Services under the Juvenile Court Act of 1987 while
14the minor is in placement. The fee shall be imposed only upon
15an offender who is actively supervised by the probation and
16court services department. The fee shall be collected by the
17clerk of the circuit court. The clerk of the circuit court
18shall pay all monies collected from this fee to the county
19treasurer for deposit in the probation and court services fund
20under Section 15.1 of the Probation and Probation Officers
21Act.
22 A circuit court may not impose a probation fee under this
23subsection (i) in excess of $25 per month unless the circuit
24court has adopted, by administrative order issued by the chief
25judge, a standard probation fee guide determining an
26offender's ability to pay. Of the amount collected as a

HB3039- 60 -LRB102 11922 KMF 17258 b
1probation fee, up to $5 of that fee collected per month may be
2used to provide services to crime victims and their families.
3 The Court may only waive probation fees based on an
4offender's ability to pay. The probation department may
5re-evaluate an offender's ability to pay every 6 months, and,
6with the approval of the Director of Court Services or the
7Chief Probation Officer, adjust the monthly fee amount. An
8offender may elect to pay probation fees due in a lump sum. Any
9offender that has been assigned to the supervision of a
10probation department, or has been transferred either under
11subsection (h) of this Section or under any interstate
12compact, shall be required to pay probation fees to the
13department supervising the offender, based on the offender's
14ability to pay.
15 Public Act 93-970 deletes the $10 increase in the fee
16under this subsection that was imposed by Public Act 93-616.
17This deletion is intended to control over any other Act of the
1893rd General Assembly that retains or incorporates that fee
19increase.
20 (i-5) In addition to the fees imposed under subsection (i)
21of this Section, in the case of an offender convicted of a
22felony sex offense (as defined in the Sex Offender Management
23Board Act) or an offense that the court or probation
24department has determined to be sexually motivated (as defined
25in the Sex Offender Management Board Act), the court or the
26probation department shall assess additional fees to pay for

HB3039- 61 -LRB102 11922 KMF 17258 b
1all costs of treatment, assessment, evaluation for risk and
2treatment, and monitoring the offender, based on that
3offender's ability to pay those costs either as they occur or
4under a payment plan.
5 (j) All fines and costs imposed under this Section for any
6violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
7Code, or a similar provision of a local ordinance, and any
8violation of the Child Passenger Protection Act, or a similar
9provision of a local ordinance, shall be collected and
10disbursed by the circuit clerk as provided under the Criminal
11and Traffic Assessment Act.
12 (k) Any offender who is sentenced to probation or
13conditional discharge for a felony sex offense as defined in
14the Sex Offender Management Board Act or any offense that the
15court or probation department has determined to be sexually
16motivated as defined in the Sex Offender Management Board Act
17shall be required to refrain from any contact, directly or
18indirectly, with any persons specified by the court and shall
19be available for all evaluations and treatment programs
20required by the court or the probation department.
21 (l) The court may order an offender who is sentenced to
22probation or conditional discharge for a violation of an order
23of protection be placed under electronic surveillance as
24provided in Section 5-8A-7 of this Code.
25(Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16;
26100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff.

HB3039- 62 -LRB102 11922 KMF 17258 b
11-8-18; 100-987, eff. 7-1-19; revised 7-12-19.)
2 Section 99. Effective date. This Act takes effect upon
3becoming law.

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1 INDEX
2 Statutes amended in order of appearance