Bill Text: IL HB3366 | 2011-2012 | 97th General Assembly | Enrolled
Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that during a trial or hearing related to a criminal prosecution, the court shall order that the residence address, business address, name of the place of business, home telephone number, or business telephone number of any victims of or witnesses to the crime shall not be disclosed in open court. Provides that during questioning by the State or defense, a victim or witness shall not be required to disclose such information unless the court determines that there is a compelling reason to order such disclosure in the interest of justice that outweighs prejudice to the victim or witness.
Spectrum: Bipartisan Bill
Status: (Passed) 2012-08-27 - Public Act . . . . . . . . . 97-1109 [HB3366 Detail]
Download: Illinois-2011-HB3366-Enrolled.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Article 1. | ||||||
5 | Section 1-5. The Criminal Code of 1961 is amended by | ||||||
6 | changing and renumbering Sections 12-4.9, 12-10, 12-10.1, | ||||||
7 | 12-21.5, 12-21.6, 12-22, 33D-1, 44-2, and 44-3 and by adding | ||||||
8 | the heading of Article 12C, the headings of Subdivisions 1, 5, | ||||||
9 | 10, and 15 of Article 12C, and Sections 12C-20, 12C-25, 12C-50, | ||||||
10 | 12C-60, and 12C-70 as follows:
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11 | (720 ILCS 5/Art. 12C heading new) | ||||||
12 | ARTICLE 12C. HARMS TO CHILDREN | ||||||
13 | (720 ILCS 5/Art. 12C, Subdiv. 1 heading new) | ||||||
14 | SUBDIVISION 1. ENDANGERMENT AND NEGLECT OFFENSES
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15 | (720 ILCS 5/12C-5)
(was 720 ILCS 5/12-21.6)
| ||||||
16 | Sec. 12C-5 12-21.6 . Endangering the life or health of a | ||||||
17 | child.
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18 | (a) A person commits endangering the life or health of a | ||||||
19 | child when he or she knowingly: (1) causes or permits It is | ||||||
20 | unlawful for any person to willfully cause or permit the life |
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1 | or
health of a child under the age of 18 to be endangered ; or | ||||||
2 | (2) causes or permits to willfully cause
or permit a child to | ||||||
3 | be placed in circumstances that endanger the child's life
or | ||||||
4 | health . It is not a violation of this Section , except that it | ||||||
5 | is not unlawful for a person to relinquish a child
in | ||||||
6 | accordance with the Abandoned Newborn Infant Protection Act.
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7 | (b) A trier of fact may infer There is a rebuttable | ||||||
8 | presumption that a person committed the offense
if he or she | ||||||
9 | left a child 6 years of age or younger is unattended if that | ||||||
10 | child is left in a motor
vehicle for more than 10 minutes.
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11 | (c) "Unattended" means either: (i) not accompanied by a | ||||||
12 | person 14 years
of age or older; or (ii) if accompanied by a | ||||||
13 | person 14 years of age or older,
out of sight of that person.
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14 | (d) Sentence. A violation of this Section is a Class A | ||||||
15 | misdemeanor. A second or
subsequent violation of this Section | ||||||
16 | is a Class 3 felony. A violation of
this Section that is a | ||||||
17 | proximate cause of the death of the child is a Class
3 felony | ||||||
18 | for which a person, if sentenced to a term of imprisonment, | ||||||
19 | shall
be sentenced to a term of not less than 2 years and not | ||||||
20 | more than 10 years. A parent, who is found to be in violation | ||||||
21 | of this Section with respect to his or her child, may be | ||||||
22 | sentenced to probation for this offense pursuant to Section | ||||||
23 | 12C-15.
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24 | (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; | ||||||
25 | 92-515, eff.
6-1-02; 92-651, eff. 7-11-02 .)
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1 | (720 ILCS 5/12C-10)
(was 720 ILCS 5/12-21.5)
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2 | Sec. 12C-10 12-21.5 . Child abandonment Abandonment .
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3 | (a) A person commits the offense of child abandonment when | ||||||
4 | he or
she, as a parent, guardian, or other person having | ||||||
5 | physical custody or control
of a child, without regard for the | ||||||
6 | mental or physical health, safety, or
welfare of that child, | ||||||
7 | knowingly leaves that child who is under the age of 13
without | ||||||
8 | supervision by a responsible person over the age of 14 for a | ||||||
9 | period of
24 hours or more . It is not a violation of this | ||||||
10 | Section for a person to relinquish , except that a person does | ||||||
11 | not commit the offense of child
abandonment when he or she | ||||||
12 | relinquishes a child in accordance with the
Abandoned Newborn | ||||||
13 | Infant Protection Act.
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14 | (b) For the purposes of determining whether the child was | ||||||
15 | left without
regard for the mental or physical health, safety, | ||||||
16 | or welfare of that child, the
trier of fact shall consider the | ||||||
17 | following factors:
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18 | (1) the age of the child;
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19 | (2) the number of children left at the location;
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20 | (3) special needs of the child, including whether the | ||||||
21 | child is physically
or mentally handicapped, or otherwise | ||||||
22 | in need of ongoing prescribed medical
treatment such as | ||||||
23 | periodic doses of insulin or other medications;
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24 | (4) the duration of time in which the child was left | ||||||
25 | without supervision;
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26 | (5) the condition and location of the place where the |
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1 | child was left
without supervision;
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2 | (6) the time of day or night when the child was left | ||||||
3 | without supervision;
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4 | (7) the weather conditions, including whether the | ||||||
5 | child was left in a
location with adequate protection from | ||||||
6 | the natural elements such as adequate
heat or light;
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7 | (8) the location of the parent, guardian, or other | ||||||
8 | person having physical
custody or control of the child at | ||||||
9 | the time the child was left without
supervision, the | ||||||
10 | physical distance the child was from the parent, guardian, | ||||||
11 | or
other person having physical custody or control of the | ||||||
12 | child at the time the
child was without supervision;
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13 | (9) whether the child's movement was restricted, or the | ||||||
14 | child was
otherwise locked within a room or other | ||||||
15 | structure;
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16 | (10) whether the child was given a phone number of a | ||||||
17 | person
or location to call in the event of an emergency and | ||||||
18 | whether the child was
capable of making an emergency call;
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19 | (11) whether there was food and other provision left | ||||||
20 | for the child;
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21 | (12) whether any of the conduct is attributable to | ||||||
22 | economic hardship or
illness and the parent, guardian or | ||||||
23 | other person having physical custody or
control of the | ||||||
24 | child made a good faith effort to provide for the health | ||||||
25 | and
safety of the child;
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26 | (13) the age and physical and mental capabilities of |
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1 | the person or persons
who provided supervision for the | ||||||
2 | child;
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3 | (14) any other factor that would endanger the health or | ||||||
4 | safety of that
particular child;
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5 | (15) whether the child was left under the supervision | ||||||
6 | of another person.
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7 | (d) Child abandonment is a Class 4 felony. A second or | ||||||
8 | subsequent offense
after a prior conviction is a Class 3 | ||||||
9 | felony. A parent, who is found to be in violation of this | ||||||
10 | Section with respect to his or her child, may be sentenced to | ||||||
11 | probation for this offense pursuant to Section 12C-15.
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12 | (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
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13 | (720 ILCS 5/12C-15)
(was 720 ILCS 5/12-22)
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14 | Sec. 12C-15 12-22 . Child abandonment or endangerment; | ||||||
15 | probation Probation .
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16 | (a) Whenever a parent of a child as determined by the court | ||||||
17 | on the facts
before it, pleads guilty to or is found guilty of, | ||||||
18 | with respect to his or her
child, child abandonment under | ||||||
19 | Section 12C-10 12-21.5 of this Article the Criminal Code of | ||||||
20 | 1961 or
endangering the life or health of a child under Section | ||||||
21 | 12C-5 12-21.6 of this Article the Criminal
Code of 1961 , the | ||||||
22 | court may, without entering a judgment of guilt and with the
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23 | consent of the person, defer further proceedings and place the | ||||||
24 | person upon
probation upon the reasonable terms and conditions | ||||||
25 | as the court may require.
At least one term of the probation |
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1 | shall require the person to cooperate with
the Department of | ||||||
2 | Children and Family Services at the times and in the programs
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3 | that the Department of Children and Family Services may | ||||||
4 | require.
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5 | (b) Upon fulfillment of the terms and conditions imposed | ||||||
6 | under subsection
(a), the court shall discharge the person and | ||||||
7 | dismiss the proceedings.
Discharge and dismissal under this | ||||||
8 | Section shall be without court adjudication
of guilt and shall | ||||||
9 | not be considered a conviction for purposes of
disqualification | ||||||
10 | or disabilities imposed by law upon conviction of a crime.
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11 | However, a record of the disposition shall be reported by the | ||||||
12 | clerk of the
circuit court to the Department of State Police | ||||||
13 | under Section 2.1 of the
Criminal Identification Act, and the | ||||||
14 | record shall be maintained and provided to
any civil authority | ||||||
15 | in connection with a determination of whether the person is
an | ||||||
16 | acceptable candidate for the care, custody and supervision of | ||||||
17 | children.
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18 | (c) Discharge and dismissal under this Section may occur | ||||||
19 | only once.
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20 | (d) Probation under this Section may not be for a period of | ||||||
21 | less than 2
years.
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22 | (e) If the child dies of the injuries alleged, this Section | ||||||
23 | shall be
inapplicable.
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24 | (Source: P.A. 88-479.)
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25 | (720 ILCS 5/12C-20 new) |
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1 | Sec. 12C-20. Abandonment of a school bus containing | ||||||
2 | children. | ||||||
3 | (a) A school bus driver commits abandonment of a school bus | ||||||
4 | containing children when he or she knowingly abandons
the | ||||||
5 | school bus while it contains any children who are without other | ||||||
6 | adult
supervision, except in an emergency where the driver is | ||||||
7 | seeking help or
otherwise acting in the best interests of the | ||||||
8 | children. | ||||||
9 | (b) Sentence. A violation of this Section is a Class A | ||||||
10 | misdemeanor for a first offense, and a Class 4 felony for a | ||||||
11 | second or subsequent offense.
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12 | (720 ILCS 5/12C-25 new) | ||||||
13 | Sec. 12C-25. Contributing to the dependency and neglect of | ||||||
14 | a minor. | ||||||
15 | (a) Any parent, legal guardian or person having the custody | ||||||
16 | of a child
under the age of 18 years commits contributing to | ||||||
17 | the dependency and neglect of a minor when he or she knowingly: | ||||||
18 | (1) causes, aids, or
encourages such minor to be or to become a | ||||||
19 | dependent and neglected minor; (2) does acts which directly
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20 | tend to render any such minor so dependent and neglected; or | ||||||
21 | (3) fails to do that which will directly tend to prevent such | ||||||
22 | state
of dependency and neglect. It is not a violation of this | ||||||
23 | Section for a person
to relinquish a child in accordance with | ||||||
24 | the Abandoned Newborn Infant
Protection Act. | ||||||
25 | (b) "Dependent and neglected minor" means any child who, |
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1 | while under the age of 18 years, for any reason is destitute, | ||||||
2 | homeless or abandoned; or dependent upon the public for | ||||||
3 | support; or has not proper parental care or guardianship; or | ||||||
4 | habitually begs or receives alms; or is found living in any | ||||||
5 | house of ill fame or with any vicious or disreputable person; | ||||||
6 | or has a home which by reason of neglect, cruelty or depravity | ||||||
7 | on the part of its parents, guardian or any other person in | ||||||
8 | whose care it may be is an unfit place for such child; and any | ||||||
9 | child who while under the age of 10 years is found begging, | ||||||
10 | peddling or selling any articles or singing or playing any | ||||||
11 | musical instrument for gain upon the street or giving any | ||||||
12 | public entertainments or accompanies or is used in aid of any | ||||||
13 | person so doing. | ||||||
14 | (c) Sentence. A violation of this Section is a Class A | ||||||
15 | misdemeanor. | ||||||
16 | (d) The husband or wife of the defendant shall be a | ||||||
17 | competent witness to testify in any case under this Section and | ||||||
18 | to all matters relevant thereto.
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19 | (720 ILCS 5/12C-30)
(was 720 ILCS 5/33D-1)
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20 | Sec. 12C-30 33D-1 . Contributing to the delinquency or | ||||||
21 | criminal delinquency of a minor. | ||||||
22 | (a) Contributing to the delinquency of a minor. A person | ||||||
23 | commits contributing to the delinquency of a minor when he or | ||||||
24 | she knowingly: (1) causes, aids, or encourages a minor to be or | ||||||
25 | to become a delinquent minor; or (2) does acts which directly |
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1 | tend to render any minor so delinquent. | ||||||
2 | (b) (a) Contributing to the criminal delinquency of a
minor | ||||||
3 | juvenile . A Any person of the age of 21 years and upwards | ||||||
4 | commits contributing to the criminal delinquency of a minor | ||||||
5 | when he or she , who with
the intent to promote or facilitate | ||||||
6 | the commission of an offense solicits, compels or directs a | ||||||
7 | minor in the commission of the offense that is
either : (i) a | ||||||
8 | felony or when the minor is misdemeanor, solicits,
compels or | ||||||
9 | directs any person under the age of 17 years ; or (ii) a | ||||||
10 | misdemeanor when the minor is under the age of 18 years in the | ||||||
11 | commission
of the offense commits the
offense of contributing | ||||||
12 | to the criminal delinquency of a juvenile .
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13 | (c) "Delinquent minor" means any minor who prior to his or | ||||||
14 | her 17th birthday has violated or attempted to violate, | ||||||
15 | regardless of where the act occurred, any federal or State law | ||||||
16 | or county or municipal ordinance, and any minor who prior to | ||||||
17 | his or her 18th birthday has violated or attempted to violate, | ||||||
18 | regardless of where the act occurred, any federal or State law | ||||||
19 | or county or municipal ordinance classified as a misdemeanor | ||||||
20 | offense. | ||||||
21 | (d) Sentence. | ||||||
22 | (1) A violation of subsection (a) is a Class A | ||||||
23 | misdemeanor. | ||||||
24 | (2) A violation of subsection (b) is: | ||||||
25 | (i) a Class C misdemeanor if the offense committed | ||||||
26 | is a petty offense or a business offense; |
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1 | (ii) a Class B misdemeanor if the offense committed | ||||||
2 | is a Class C misdemeanor; | ||||||
3 | (iii) a Class A misdemeanor if the offense | ||||||
4 | committed is a Class B misdemeanor; | ||||||
5 | (iv) a Class 4 felony if the offense committed is a | ||||||
6 | Class A misdemeanor; | ||||||
7 | (v) a Class 3 felony if the offense committed is a | ||||||
8 | Class 4 felony; | ||||||
9 | (vi) a Class 2 felony if the offense committed is a | ||||||
10 | Class 3 felony; | ||||||
11 | (vii) a Class 1 felony if the offense committed is | ||||||
12 | a Class 2 felony; and | ||||||
13 | (viii) a Class X felony if the offense committed is | ||||||
14 | a Class 1 felony or a Class X felony. | ||||||
15 | (3) A violation of subsection (b) incurs the same | ||||||
16 | penalty as first degree murder if the committed offense is | ||||||
17 | first degree murder. | ||||||
18 | (e) The husband or wife of the defendant shall be a | ||||||
19 | competent witness to testify in any case under this Section and | ||||||
20 | to all matters relevant thereto. | ||||||
21 | (b) Sentence. Contributing to the criminal delinquency of a | ||||||
22 | juvenile is a
felony
one grade higher than the offense | ||||||
23 | committed, if the offense committed is a
felony, except when | ||||||
24 | the offense
committed is first degree murder or a Class X | ||||||
25 | felony. When the offense
committed is
first degree murder or a | ||||||
26 | Class X felony, the penalty for contributing to the
criminal
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1 | delinquency of a juvenile is the same as the penalty for first | ||||||
2 | degree murder or
a Class
X felony, respectively.
Contributing | ||||||
3 | to the criminal delinquency of a juvenile is a misdemeanor one
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4 | grade higher than the offense committed, if the offense | ||||||
5 | committed is a
misdemeanor, except when the offense committed | ||||||
6 | is a Class A misdemeanor. If
the offense committed is a Class A | ||||||
7 | misdemeanor, the penalty for contributing to
the criminal | ||||||
8 | delinquency of a juvenile is a Class 4 felony.
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9 | (Source: P.A. 91-337, eff. 1-1-00.)
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10 | (720 ILCS 5/Art. 12C, Subdiv. 5 heading new) | ||||||
11 | SUBDIVISION 5. BODILY HARM OFFENSES | ||||||
12 | (720 ILCS 5/12C-35) (was 720 ILCS 5/12-10)
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13 | Sec. 12C-35 12-10 . Tattooing the body of a minor. Tattooing | ||||||
14 | Body of Minor.
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15 | (a) A Any person, other than a person
licensed
to practice | ||||||
16 | medicine in all its branches, commits tattooing the body of a | ||||||
17 | minor when he or she knowingly or recklessly who tattoos or | ||||||
18 | offers to tattoo
a person under the age of 18 is guilty of a | ||||||
19 | Class A
misdemeanor .
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20 | (b) A Any person who is an owner or employee of employed by | ||||||
21 | a business that performs
tattooing, other than a
person | ||||||
22 | licensed to practice medicine in all
its branches,
may not | ||||||
23 | permit a person under 18 years of age to enter or remain on the
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24 | premises where
tattooing
is being performed unless the person |
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1 | under 18 years of age is accompanied by
his or her
parent or | ||||||
2 | legal guardian. A violation of this subsection (b) is a Class A | ||||||
3 | misdemeanor.
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4 | (c) As used in this Section, to " Tattoo tattoo " means to | ||||||
5 | insert pigment under
the
surface of the skin of a human being, | ||||||
6 | by pricking with a needle or otherwise,
so as to produce an | ||||||
7 | indelible mark or figure visible through the skin.
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8 | (d) Subsection (a) of this Section does not apply to a | ||||||
9 | person under 18 years of age who tattoos or offers to tattoo | ||||||
10 | another person under 18 years of age away from the premises of | ||||||
11 | any business at which tattooing is performed. | ||||||
12 | (e) Sentence. A violation of this Section is a Class A | ||||||
13 | misdemeanor. | ||||||
14 | (Source: P.A. 94-684, eff. 1-1-06.)
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15 | (720 ILCS 5/12C-40)
(was 720 ILCS 5/12-10.1)
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16 | Sec. 12C-40 12-10.1 . Piercing the body of a minor.
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17 | (a)(1) A Any person commits piercing the body of a minor | ||||||
18 | when he or she knowingly or recklessly who pierces the body or | ||||||
19 | oral cavity of a person under 18
years of age without written | ||||||
20 | consent of a parent or legal guardian of that
person commits | ||||||
21 | the offense of piercing the body of a minor . Before the oral
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22 | cavity of a person under 18 years of age may be pierced, the | ||||||
23 | written consent
form signed by the parent or legal guardian | ||||||
24 | must contain a provision in
substantially the following form:
| ||||||
25 | "I understand that the oral piercing of the tongue, lips, |
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1 | cheeks, or
any other area of the oral cavity carries serious | ||||||
2 | risk of infection or damage
to the mouth and teeth, or both | ||||||
3 | infection and damage to those areas,
that could result but is | ||||||
4 | not limited to nerve damage, numbness, and life
threatening | ||||||
5 | blood clots.".
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6 | A person who pierces the oral cavity of a person under 18 | ||||||
7 | years of age
without obtaining a signed written consent form | ||||||
8 | from a parent or legal guardian
of the person that includes the | ||||||
9 | provision describing the health risks of body
piercing, | ||||||
10 | violates this Section.
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11 | (2) A (1.5) Any person who is an owner or employed by a | ||||||
12 | business that performs
body
piercing may not permit a person | ||||||
13 | under 18 years of age to enter or remain on
the
premises where | ||||||
14 | body piercing is being performed unless the person under 18
| ||||||
15 | years of age
is accompanied by his or her parent or legal | ||||||
16 | guardian.
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17 | (2) Sentence. A violation of clause (a)(1) or (a)(1.5) of | ||||||
18 | this
Section is a Class A
misdemeanor.
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19 | (b) Definition. As used in this Section, to " Pierce pierce " | ||||||
20 | means to make a hole
in the body or oral cavity in order to | ||||||
21 | insert or allow the insertion of any
ring, hoop, stud, or other | ||||||
22 | object for the purpose of ornamentation of the
body. "Piercing" | ||||||
23 | does not include tongue splitting as defined in Section
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24 | 12-10.2. The term "body" includes the oral cavity.
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25 | (c) Exceptions. This Section may not be construed in any | ||||||
26 | way to prohibit
any injection, incision, acupuncture, or |
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1 | similar medical or dental procedure
performed by a licensed | ||||||
2 | health care professional or other person authorized to
perform | ||||||
3 | that procedure or the presence on the premises where that | ||||||
4 | procedure is being performed by a
health care professional or | ||||||
5 | other person authorized to perform that procedure
of
a person
| ||||||
6 | under 18 years of age who is not accompanied by a parent or | ||||||
7 | legal guardian. This Section does not prohibit ear piercing. | ||||||
8 | This
Section does not apply to a minor emancipated under the | ||||||
9 | Juvenile Court Act of
1987 or the Emancipation of Minors Act or | ||||||
10 | by marriage. This Section does not apply to a person under 18 | ||||||
11 | years of age who pierces the body or oral cavity of another | ||||||
12 | person under 18 years of age away from the premises of any | ||||||
13 | business at which body piercing or oral cavity piercing is | ||||||
14 | performed.
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15 | (d) Sentence. A violation of this Section is a Class A | ||||||
16 | misdemeanor. | ||||||
17 | (Source: P.A. 93-449, eff. 1-1-04; 94-684, eff. 1-1-06.)
| ||||||
18 | (720 ILCS 5/12C-45)
(was 720 ILCS 5/12-4.9)
| ||||||
19 | Sec. 12C-45 12-4.9 . Drug induced infliction of harm to a | ||||||
20 | child
athlete. Drug induced infliction of aggravated battery to | ||||||
21 | a child
athlete.
| ||||||
22 | (a) A person commits drug induced infliction of harm to a | ||||||
23 | child athlete when he or she knowingly Any person who | ||||||
24 | distributes a drug
to or encourages
the ingestion of a drug by
| ||||||
25 | a person under the age of 18 with the intent
that the
person |
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| |||||||
1 | under the age of 18 ingest the drug for the purpose of a quick | ||||||
2 | weight
gain or loss in connection with participation in | ||||||
3 | athletics is guilty of the
offense of drug induced infliction | ||||||
4 | of aggravated battery of a child athlete .
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5 | (b) This Section does not apply to care under usual and | ||||||
6 | customary
standards of medical practice by a physician licensed | ||||||
7 | to practice medicine in
all its branches or nor to the sale of | ||||||
8 | drugs or products by
a retail merchant.
| ||||||
9 | (c) (b) Drug induced infliction of harm aggravated battery | ||||||
10 | to a child athlete is a
Class A misdemeanor. A second or | ||||||
11 | subsequent violation is a Class 4 felony.
| ||||||
12 | (Source: P.A. 89-632, eff. 1-1-97.)
| ||||||
13 | (720 ILCS 5/12C-50 new) | ||||||
14 | Sec. 12C-50. Hazing. | ||||||
15 | (a) A person commits hazing when he or she knowingly | ||||||
16 | requires the
performance of
any act by a student or other | ||||||
17 | person in a school, college, university, or other
educational | ||||||
18 | institution of this State, for the purpose of induction or
| ||||||
19 | admission into any group, organization, or society associated | ||||||
20 | or connected with
that institution, if: | ||||||
21 | (1) the act is not sanctioned or authorized by that | ||||||
22 | educational institution;
and | ||||||
23 | (2) the act results in bodily harm to any person. | ||||||
24 | (b) Sentence. Hazing is a Class A misdemeanor, except that | ||||||
25 | hazing that
results in death or great bodily harm is a Class 4 |
| |||||||
| |||||||
1 | felony.
| ||||||
2 | (720 ILCS 5/Art. 12C, Subdiv. 10 heading new) | ||||||
3 | SUBDIVISION 10. CURFEW OFFENSES | ||||||
4 | (720 ILCS 5/12C-60 new) | ||||||
5 | Sec. 12C-60. Curfew. | ||||||
6 | (a) Curfew offenses. | ||||||
7 | (1) A minor commits a curfew offense when he or she | ||||||
8 | remains in any public place or on the premises of any | ||||||
9 | establishment during curfew hours. | ||||||
10 | (2) A parent or guardian of a minor or other person in | ||||||
11 | custody or control of a minor commits a curfew offense when | ||||||
12 | he or she knowingly permits the minor to remain in any | ||||||
13 | public place or on the premises of any establishment during | ||||||
14 | curfew hours. | ||||||
15 | (b) Curfew defenses. It is a defense to prosecution under | ||||||
16 | subsection (a) that the minor was: | ||||||
17 | (1) accompanied by the minor's parent or guardian or | ||||||
18 | other person in custody or control of the minor; | ||||||
19 | (2) on an errand at the direction of the minor's parent | ||||||
20 | or guardian, without any detour or stop; | ||||||
21 | (3) in a motor vehicle involved in interstate travel; | ||||||
22 | (4) engaged in an employment activity or going to or | ||||||
23 | returning home from an employment activity, without any | ||||||
24 | detour or stop; |
| |||||||
| |||||||
1 | (5) involved in an emergency; | ||||||
2 | (6) on the sidewalk abutting the minor's residence or | ||||||
3 | abutting the residence of a next-door neighbor if the | ||||||
4 | neighbor did not complain to the police department about | ||||||
5 | the minor's presence; | ||||||
6 | (7) attending an official school, religious, or other | ||||||
7 | recreational activity supervised by adults and sponsored | ||||||
8 | by a government or governmental agency, a civic | ||||||
9 | organization, or another similar entity that takes | ||||||
10 | responsibility for the minor, or going to or returning home | ||||||
11 | from, without any detour or stop, an official school, | ||||||
12 | religious, or other recreational activity supervised by | ||||||
13 | adults and sponsored by a government or governmental | ||||||
14 | agency, a civic organization, or another similar entity | ||||||
15 | that takes responsibility for the minor; | ||||||
16 | (8) exercising First Amendment rights protected by the | ||||||
17 | United States Constitution, such as the free exercise of | ||||||
18 | religion, freedom of speech, and the right of assembly; or | ||||||
19 | (9) married or had been married or is an emancipated | ||||||
20 | minor under the Emancipation of Minors Act. | ||||||
21 | (c) Enforcement. Before taking any enforcement action | ||||||
22 | under this Section, a law enforcement officer shall ask the | ||||||
23 | apparent offender's age and reason for being in the public | ||||||
24 | place. The officer shall not issue a citation or make an arrest | ||||||
25 | under this Section unless the officer reasonably believes that | ||||||
26 | an offense has occurred and that, based on any response and |
| |||||||
| |||||||
1 | other circumstances, no defense in subsection (b) is present.
| ||||||
2 | (d) Definitions. In this Section: | ||||||
3 | (1) "Curfew hours" means: | ||||||
4 | (A) Between 12:01 a.m. and 6:00 a.m. on Saturday; | ||||||
5 | (B) Between 12:01 a.m. and 6:00 a.m. on Sunday; and | ||||||
6 | (C) Between 11:00 p.m. on Sunday to Thursday, | ||||||
7 | inclusive, and 6:00 a.m. on the following day. | ||||||
8 | (2) "Emergency" means an unforeseen combination of | ||||||
9 | circumstances or the resulting state that calls for | ||||||
10 | immediate action. The term includes, but is not limited to, | ||||||
11 | a fire, a natural disaster, an automobile accident, or any | ||||||
12 | situation requiring immediate action to prevent serious | ||||||
13 | bodily injury or loss of life. | ||||||
14 | (3) "Establishment" means any privately-owned place of
| ||||||
15 | business operated for a profit to which the public is
| ||||||
16 | invited, including, but not limited to, any place of | ||||||
17 | amusement
or entertainment.
| ||||||
18 | (4) "Guardian" means: | ||||||
19 | (A) a person who, under court order, is the | ||||||
20 | guardian of the person of a minor; or | ||||||
21 | (B) a public or private agency with whom a minor | ||||||
22 | has been placed by a court. | ||||||
23 | (5) "Minor" means any person under 17 years of age. | ||||||
24 | (6) "Parent" means a person who is: | ||||||
25 | (A) a natural parent, adoptive parent, or | ||||||
26 | step-parent of another person; or |
| |||||||
| |||||||
1 | (B) at least 18 years of age and authorized by a | ||||||
2 | parent or guardian to have the care and custody of a | ||||||
3 | minor. | ||||||
4 | (7) "Public place" means any place to which the public | ||||||
5 | or a substantial group of the public has access and | ||||||
6 | includes, but is not limited to, streets, highways, and the | ||||||
7 | common areas of schools, hospitals, apartment houses, | ||||||
8 | office buildings, transport facilities, and shops. | ||||||
9 | (8) "Remain" means to: | ||||||
10 | (A) linger or stay; or | ||||||
11 | (B) fail to leave premises when requested to do so | ||||||
12 | by a police officer or the owner, operator, or other | ||||||
13 | person in control of the premises. | ||||||
14 | (9) "Serious bodily injury" means bodily injury that | ||||||
15 | creates a substantial risk of death or that causes death, | ||||||
16 | serious permanent disfigurement, or protracted loss or | ||||||
17 | impairment of the function of any bodily member or organ. | ||||||
18 | (e) Sentence. A violation of this Section
is a petty | ||||||
19 | offense with a fine of not less than
$10 nor
more than $500, | ||||||
20 | except that neither a person who has been made a ward of the
| ||||||
21 | court under the Juvenile Court Act of 1987, nor that person's | ||||||
22 | legal guardian,
shall be subject to any fine. In addition to or | ||||||
23 | instead of the
fine imposed
by this Section, the court may | ||||||
24 | order a parent, legal guardian, or other person
convicted of a | ||||||
25 | violation of subsection (a) of this
Section to perform | ||||||
26 | community service as determined by the court, except that
the |
| |||||||
| |||||||
1 | legal guardian of a person who has been made a ward of the | ||||||
2 | court under the
Juvenile Court Act of 1987 may not be ordered | ||||||
3 | to perform community service.
The dates and
times established | ||||||
4 | for the performance of community service by the parent, legal
| ||||||
5 | guardian, or other person convicted of a violation of | ||||||
6 | subsection (a) of this
Section shall not conflict with the | ||||||
7 | dates and times that the person is
employed in his or her | ||||||
8 | regular occupation. | ||||||
9 | (f) County, municipal and other local boards and bodies | ||||||
10 | authorized to
adopt local police laws and regulations under the | ||||||
11 | constitution and laws of
this State may exercise legislative or | ||||||
12 | regulatory authority over this
subject matter by ordinance or | ||||||
13 | resolution incorporating the substance of
this Section or | ||||||
14 | increasing the requirements thereof or otherwise not in
| ||||||
15 | conflict with this Section.
| ||||||
16 | (720 ILCS 5/Art. 12C, Subdiv. 15 heading new) | ||||||
17 | SUBDIVISION 15. MISCELLANEOUS OFFENSES
| ||||||
18 | (720 ILCS 5/12C-65)
(was 720 ILCS 5/44-2 and 5/44-3)
| ||||||
19 | Sec. 12C-65 44-2 . Unlawful transfer of a | ||||||
20 | telecommunications device to a minor. | ||||||
21 | (a) A person commits unlawful transfer of a
| ||||||
22 | telecommunications device to a minor when he or she gives, | ||||||
23 | sells or otherwise
transfers possession of a | ||||||
24 | telecommunications device to a person under 18
years of age |
| |||||||
| |||||||
1 | with the intent that the device be used to commit any offense
| ||||||
2 | under this Code, the Cannabis Control Act, the Illinois | ||||||
3 | Controlled Substances Act, or the Methamphetamine Control and | ||||||
4 | Community Protection Act.
| ||||||
5 | (b) "Telecommunications device" or "device" means a device | ||||||
6 | which is portable or which may be installed in a motor vehicle, | ||||||
7 | boat or other means of transportation, and which is capable of | ||||||
8 | receiving or transmitting speech, data, signals or other | ||||||
9 | information, including but not limited to paging devices, | ||||||
10 | cellular and mobile telephones, and radio transceivers, | ||||||
11 | transmitters and receivers, but not including radios designed | ||||||
12 | to receive only standard AM and FM broadcasts. | ||||||
13 | (c) Sentence. A violation of this Section (b) Unlawful | ||||||
14 | transfer of a telecommunications device to a minor is a
Class A | ||||||
15 | misdemeanor.
| ||||||
16 | (d) Seizure and forfeiture of property. Any person who | ||||||
17 | commits the offense of unlawful transfer of a | ||||||
18 | telecommunications device to a minor as set forth in this | ||||||
19 | Section is subject to the property forfeiture provisions in | ||||||
20 | Article 124B of the Code of Criminal Procedure of 1963. Sec. | ||||||
21 | 44-3. (a) Seizure. Any telecommunications device possessed by a
| ||||||
22 | person on the real property of any elementary or secondary | ||||||
23 | school without
the authority of the school principal, or used | ||||||
24 | in the commission of an
offense prohibited by
this Code,
the | ||||||
25 | Illinois Controlled Substances Act,
the Cannabis Control Act, | ||||||
26 | or the Methamphetamine Control and Community Protection Act or |
| |||||||
| |||||||
1 | which constitutes evidence of the commission of such offenses
| ||||||
2 | may be seized and delivered forthwith to the investigating law | ||||||
3 | enforcement
agency.
A person who is not a student of the | ||||||
4 | particular elementary or secondary
school, who is on school | ||||||
5 | property as an invitee of the school, and who has
possession of | ||||||
6 | a telecommunication device for lawful and legitimate
purposes, | ||||||
7 | shall not need to obtain authority from the school principal to
| ||||||
8 | possess the telecommunication device on school property. Such
| ||||||
9 | telecommunication device shall not be seized unless it was used | ||||||
10 | in the
commission of an offense specified above, or constitutes | ||||||
11 | evidence of such
an offense.
Within 15 days after such delivery | ||||||
12 | the
investigating law enforcement agency shall give notice of | ||||||
13 | seizure to any
known owners, lienholders and
secured parties of | ||||||
14 | such property.
Within
that 15 day period the investigating law | ||||||
15 | enforcement agency shall also
notify the State's Attorney of
| ||||||
16 | the county of seizure about the seizure. | ||||||
17 | (b) Rights
of lienholders and secured parties. The | ||||||
18 | State's Attorney shall promptly release a | ||||||
19 | telecommunications device
seized under the provisions of | ||||||
20 | this Article to any lienholder or
secured party
if such | ||||||
21 | lienholder or secured party shows to the State's
Attorney | ||||||
22 | that his lien or security interest is bona fide and was | ||||||
23 | created
without actual knowledge that such | ||||||
24 | telecommunications device was or
possessed in violation of | ||||||
25 | this Section or used or
to be used in the commission of the | ||||||
26 | offense charged.
|
| |||||||
| |||||||
1 | (c) Action for forfeiture.
| ||||||
2 | (1) The State's Attorney in the county in which | ||||||
3 | such seizure occurs
if he finds that such forfeiture | ||||||
4 | was incurred without willful negligence
or without any | ||||||
5 | intention on the part of the owner of the | ||||||
6 | telecommunications
device or a lienholder or secured | ||||||
7 | party
to violate the law, or finds the existence of
| ||||||
8 | such mitigating circumstances as to justify remission | ||||||
9 | of the forfeiture,
may cause the investigating law | ||||||
10 | enforcement agency to remit the same upon
such terms | ||||||
11 | and conditions
as the State's Attorney deems | ||||||
12 | reasonable and just. The State's Attorney
shall | ||||||
13 | exercise his discretion under the foregoing provision | ||||||
14 | of this
Section promptly after notice is given in | ||||||
15 | accordance with
subsection (a). If the State's | ||||||
16 | Attorney does not cause the forfeiture to
be remitted | ||||||
17 | he shall forthwith bring an action for forfeiture in | ||||||
18 | the
circuit court within whose jurisdiction the | ||||||
19 | seizure and confiscation has
taken place. The State's | ||||||
20 | Attorney shall give notice of the forfeiture
| ||||||
21 | proceeding by mailing a copy of the complaint in the | ||||||
22 | forfeiture
proceeding to the persons and in the manner | ||||||
23 | set forth in subsection
(a). The owner of the device or | ||||||
24 | any person
with any right, title, or interest in the | ||||||
25 | device
may within 20 days after the mailing of such | ||||||
26 | notice file a
verified answer to the complaint and may |
| |||||||
| |||||||
1 | appear at the hearing on the
action for forfeiture. The | ||||||
2 | State shall show at such hearing by a
preponderance of | ||||||
3 | the evidence that the device was
used in the commission | ||||||
4 | of an offense described in subsection (a). The
owner of | ||||||
5 | the device or any person with any right,
title, or | ||||||
6 | interest in the device may show
by a preponderance of | ||||||
7 | the evidence that he did not know, and did not
have | ||||||
8 | reason to know, that the device was possessed in | ||||||
9 | violation of this
Section or to be used
in the | ||||||
10 | commission of such an offense or that any of the | ||||||
11 | exceptions set
forth in subsection (d) are applicable. | ||||||
12 | Unless the State shall make such
showing, the Court | ||||||
13 | shall order the device released
to the owner. Where the | ||||||
14 | State has made such showing, the Court may order
the | ||||||
15 | device destroyed; may upon the request of the | ||||||
16 | investigating law
enforcement agency, order it | ||||||
17 | delivered to
any local, municipal or county law | ||||||
18 | enforcement agency, or the Department
of State Police | ||||||
19 | or the Department of Revenue of
the State of Illinois;
| ||||||
20 | or may order it sold at
public auction.
| ||||||
21 | (2) A copy of the order shall be filed with the | ||||||
22 | investigating law
enforcement agency of the
county in | ||||||
23 | which the seizure occurs.
Such order, when filed, | ||||||
24 | confers ownership of the
device to the
department or | ||||||
25 | agency to whom it is delivered or any purchaser | ||||||
26 | thereof.
The investigating law enforcement agency |
| |||||||
| |||||||
1 | shall comply promptly with
instructions to remit | ||||||
2 | received
from the State's Attorney or Attorney General | ||||||
3 | in accordance with
paragraph (1) of this subsection or | ||||||
4 | subsection (d).
| ||||||
5 | (3) The proceeds of any sale at public auction | ||||||
6 | pursuant to this subsection,
after payment of all liens | ||||||
7 | and deduction of the
reasonable charges and expenses | ||||||
8 | incurred by the investigating law
enforcement agency | ||||||
9 | in storing and
selling the device, shall be paid into | ||||||
10 | the general fund of the level of
government responsible | ||||||
11 | for the operation of the investigating law enforcement | ||||||
12 | agency.
| ||||||
13 | (d) Exceptions to forfeiture.
No device shall be | ||||||
14 | forfeited under the
provisions of subsection (c) by reason | ||||||
15 | of any act or omission established by
the owner thereof to | ||||||
16 | have been committed or omitted by any person other
than the | ||||||
17 | owner while the device was unlawfully in
the possession of | ||||||
18 | a person who acquired possession thereof in violation of
| ||||||
19 | the criminal laws of the United States, or of any state.
| ||||||
20 | (e) Remission by Attorney General.
Whenever any owner | ||||||
21 | of, or other person interested in, a
device seized under | ||||||
22 | the provisions of this Section files with the Attorney
| ||||||
23 | General before the sale or destruction of the device
a | ||||||
24 | petition for the remission of such forfeiture the Attorney
| ||||||
25 | General if he finds that such forfeiture was incurred | ||||||
26 | without willful
negligence or without any intention on the |
| |||||||
| |||||||
1 | part of the owner or any person
with any right, title or | ||||||
2 | interest in the device
to violate the law, or finds the | ||||||
3 | existence of such mitigating circumstances
as to justify | ||||||
4 | the remission of forfeiture, may cause the same to be
| ||||||
5 | remitted upon such terms and conditions as he deems | ||||||
6 | reasonable and just, or
order discontinuance of any | ||||||
7 | forfeiture proceeding relating thereto. | ||||||
8 | (Source: P.A. 94-556, eff. 9-11-05; 95-331, eff. 8-21-07.)
| ||||||
9 | (720 ILCS 5/12C-70 new) | ||||||
10 | Sec. 12C-70. Adoption compensation prohibited. | ||||||
11 | (a) Receipt of compensation for placing out prohibited; | ||||||
12 | exception. No person and no agency, association, corporation, | ||||||
13 | institution,
society, or other organization, except a child | ||||||
14 | welfare agency as defined by
the Child Care Act of 1969, shall | ||||||
15 | knowingly request, receive or accept any compensation or thing | ||||||
16 | of
value, directly or indirectly, for providing adoption | ||||||
17 | services, as defined in Section 2.24 of the Child Care Act of | ||||||
18 | 1969. | ||||||
19 | (b) Payment of compensation for placing out prohibited. No | ||||||
20 | person shall knowingly pay or give any compensation or thing of | ||||||
21 | value,
directly or indirectly, for providing adoption | ||||||
22 | services, as defined in Section 2.24 of the Child Care Act of | ||||||
23 | 1969, including placing out of a child to any person or to any
| ||||||
24 | agency, association, corporation, institution, society, or | ||||||
25 | other
organization except a child welfare agency as defined by |
| |||||||
| |||||||
1 | the Child Care
Act of 1969. | ||||||
2 | (c) Certain payments of salaries and medical expenses not | ||||||
3 | prevented. | ||||||
4 | (1) The provisions of this Section shall not be | ||||||
5 | construed to prevent the
payment of salaries or other | ||||||
6 | compensation by a licensed child welfare
agency providing | ||||||
7 | adoption services, as that term is defined by the Child | ||||||
8 | Care Act of 1969, to the officers, employees, agents, | ||||||
9 | contractors, or any other persons acting on behalf of the | ||||||
10 | child welfare agency, provided that such salaries and | ||||||
11 | compensation are consistent with subsection (a) of Section | ||||||
12 | 14.5 of the Child Care Act of 1969. | ||||||
13 | (2) The provisions of this Section shall not
be | ||||||
14 | construed to prevent the payment by a prospective adoptive | ||||||
15 | parent of reasonable and actual medical fees or hospital
| ||||||
16 | charges for services rendered in connection with the birth | ||||||
17 | of such child,
if such payment is made to the physician or | ||||||
18 | hospital who or which rendered
the services or to the | ||||||
19 | biological mother of the child or to prevent the
receipt of | ||||||
20 | such payment by such physician, hospital, or mother. | ||||||
21 | (3) The provisions of this Section shall not be | ||||||
22 | construed to prevent a prospective adoptive parent from | ||||||
23 | giving a gift or gifts or other thing or things of value to | ||||||
24 | a biological parent provided that the total value of such | ||||||
25 | gift or gifts or thing or things of value does not exceed | ||||||
26 | $200. |
| |||||||
| |||||||
1 | (d) Payment of certain expenses. | ||||||
2 | (1) A prospective adoptive parent shall be permitted to | ||||||
3 | pay the
reasonable living expenses of the biological | ||||||
4 | parents of the child sought to
be adopted, in addition to | ||||||
5 | those expenses set forth in subsection (c), only in
| ||||||
6 | accordance with the provisions of this subsection (d).
| ||||||
7 | "Reasonable living expenses" means those expenses | ||||||
8 | related to activities of daily living and meeting basic | ||||||
9 | needs, including, but not limited to, lodging, food,
and | ||||||
10 | clothing for the biological parents during the biological
| ||||||
11 | mother's pregnancy and for no more than 120 days prior to | ||||||
12 | the biological mother's expected date of delivery and for | ||||||
13 | no more than 60 days after the birth of the
child. The term | ||||||
14 | does not include expenses for lost wages, gifts,
| ||||||
15 | educational expenses, or other similar expenses of the | ||||||
16 | biological parents.
| ||||||
17 | (2) (A) The prospective adoptive parents may seek leave | ||||||
18 | of the court to pay the reasonable
living expenses of | ||||||
19 | the biological parents. They shall be permitted to pay
| ||||||
20 | the reasonable living expenses of the biological | ||||||
21 | parents only upon prior
order of the circuit court | ||||||
22 | where the petition for adoption will be filed,
or if | ||||||
23 | the petition for adoption has been filed in the circuit | ||||||
24 | court where
the petition is pending. | ||||||
25 | (B) Notwithstanding clause (2)(A) of this | ||||||
26 | subsection (d), a prospective adoptive parent may |
| |||||||
| |||||||
1 | advance a maximum of $1,000 for reasonable birth parent | ||||||
2 | living expenses without prior order of court. The | ||||||
3 | prospective adoptive parents shall present a final | ||||||
4 | accounting of all expenses to the court prior to the | ||||||
5 | entry of a final judgment order for adoption. | ||||||
6 | (C) If the court finds an accounting by the | ||||||
7 | prospective adoptive parents to be incomplete or | ||||||
8 | deceptive or to contain amounts which are unauthorized | ||||||
9 | or unreasonable, the court may order a new accounting | ||||||
10 | or the repayment of amounts found to be excessive or | ||||||
11 | unauthorized or make any other orders it deems | ||||||
12 | appropriate.
| ||||||
13 | (3) Payments under this subsection (d) shall be | ||||||
14 | permitted only in those
circumstances where there is a | ||||||
15 | demonstrated need for the payment of such
expenses to | ||||||
16 | protect the health of the biological parents or the health | ||||||
17 | of
the child sought to be adopted.
| ||||||
18 | (4) Payment of their reasonable living expenses, as | ||||||
19 | provided in this
subsection (d), shall not obligate the | ||||||
20 | biological parents to place the child for
adoption. In the | ||||||
21 | event the biological parents choose not to place the
child | ||||||
22 | for adoption, the prospective adoptive parents shall have | ||||||
23 | no right to seek
reimbursement from the biological parents, | ||||||
24 | or from any relative or associate of the biological | ||||||
25 | parents,
of moneys paid to, or on behalf of, the biological | ||||||
26 | parents pursuant to a court
order under this subsection |
| |||||||
| |||||||
1 | (d). | ||||||
2 | (5) Notwithstanding paragraph (4) of this subsection | ||||||
3 | (d), a prospective adoptive parent may seek reimbursement | ||||||
4 | of reasonable living expenses from a person who receives | ||||||
5 | such payments only if the person who accepts payment of | ||||||
6 | reasonable living expenses before the child's birth, as | ||||||
7 | described in paragraph (4) of this subsection (d), knows | ||||||
8 | that the person on whose behalf he or she is accepting | ||||||
9 | payment is not pregnant at the time of the receipt of such | ||||||
10 | payments or the person receives reimbursement for | ||||||
11 | reasonable living expenses simultaneously from more than | ||||||
12 | one prospective adoptive parent without the knowledge of | ||||||
13 | the prospective adoptive parent.
| ||||||
14 | (6) No person or entity shall offer, provide, or | ||||||
15 | co-sign a loan or any other credit accommodation, directly | ||||||
16 | or indirectly, with a biological parent or a relative or | ||||||
17 | associate
of a biological parent based on the contingency | ||||||
18 | of a surrender or placement of a child for adoption.
| ||||||
19 | (7) Within 14 days after the completion of all payments | ||||||
20 | for reasonable
living expenses of the biological parents | ||||||
21 | under this subsection (d), the prospective adoptive | ||||||
22 | parents
shall present a final accounting of all those | ||||||
23 | expenses to the court. The accounting shall also include
| ||||||
24 | the verified statements of the prospective adoptive | ||||||
25 | parents, each attorney of record, and the
biological | ||||||
26 | parents or parents to whom or on whose behalf the payments |
| |||||||
| |||||||
1 | were made
attesting to the accuracy of the accounting.
| ||||||
2 | (8) If the placement of a child for adoption is made in | ||||||
3 | accordance with the
Interstate Compact on the Placement of | ||||||
4 | Children, and if the sending state
permits the payment of | ||||||
5 | any expenses of biological parents that are not
permitted | ||||||
6 | under this Section, then the payment of those expenses | ||||||
7 | shall not be a
violation of this Section. In that event, | ||||||
8 | the prospective adoptive parents shall file an accounting
| ||||||
9 | of all payments of the expenses of the biological parent or
| ||||||
10 | parents with the court in which the petition for adoption | ||||||
11 | is filed or is to be
filed. The accounting shall include a | ||||||
12 | copy of the statutory provisions of the
sending state that | ||||||
13 | permit payments in addition to those permitted by this | ||||||
14 | Section
and a copy of all orders entered in the sending | ||||||
15 | state that relate to expenses
of the biological parents | ||||||
16 | paid by the prospective adoptive parents in the sending | ||||||
17 | state.
| ||||||
18 | (9) The prospective adoptive parents shall be | ||||||
19 | permitted to pay the reasonable attorney's fees
of a | ||||||
20 | biological parent's attorney in connection with | ||||||
21 | proceedings under this
Section or in connection with | ||||||
22 | proceedings for the adoption of the child if the amount of | ||||||
23 | fees of the attorney is $1,000 or less. If the amount of | ||||||
24 | attorney's fees of each biological parent exceeds $1,000, | ||||||
25 | the attorney's fees shall be paid only after a petition | ||||||
26 | seeking leave to pay those
fees is filed with the court in |
| |||||||
| |||||||
1 | which the adoption proceeding is filed or to be
filed. The | ||||||
2 | court shall review the petition for leave to pay attorney's | ||||||
3 | fees,
and if the court determines that the fees requested | ||||||
4 | are reasonable, the court
shall permit
the petitioners to | ||||||
5 | pay them. If the court determines that the fees requested
| ||||||
6 | are not
reasonable, the court shall determine and set the | ||||||
7 | reasonable attorney's fees of
the biological parents' | ||||||
8 | attorney which may be paid by the petitioners. The | ||||||
9 | prospective adoptive parents shall present a final | ||||||
10 | accounting of all those fees to the court prior to the | ||||||
11 | entry of a final judgment order for adoption.
| ||||||
12 | (10) The court may appoint a guardian ad litem for an | ||||||
13 | unborn child to
represent the interests of the child in | ||||||
14 | proceedings under this subsection (d).
| ||||||
15 | (11) The provisions of this subsection (d) apply to a | ||||||
16 | person who is a prospective adoptive parent. This | ||||||
17 | subsection (d) does not apply to a licensed child welfare | ||||||
18 | agency, as that term is defined in the Child Care Act of | ||||||
19 | 1969, whose payments are governed by the Child Care Act of | ||||||
20 | 1969 and the Department of Children and Family Services | ||||||
21 | rules adopted thereunder. | ||||||
22 | (e) Injunctive relief. | ||||||
23 | (A) Whenever it appears that any person, agency, | ||||||
24 | association, corporation, institution, society, or | ||||||
25 | other organization is engaged or about to engage in any | ||||||
26 | acts or practices that constitute or will constitute a |
| |||||||
| |||||||
1 | violation of this Section, the Department of Children | ||||||
2 | and Family Services shall inform the Attorney General | ||||||
3 | and the State's Attorney of the appropriate county. | ||||||
4 | Under such circumstances, the Attorney General or the | ||||||
5 | State's Attorney may initiate injunction proceedings. | ||||||
6 | Upon a proper showing, any circuit court may enter a | ||||||
7 | permanent or preliminary injunction or temporary | ||||||
8 | restraining order without bond to enforce this Section | ||||||
9 | or any rule adopted under this Section in addition to | ||||||
10 | any other penalties and other remedies provided in this | ||||||
11 | Section. | ||||||
12 | (B) Whenever it appears that any person, agency, | ||||||
13 | association, corporation, institution, society, or | ||||||
14 | other organization is engaged or is about to engage in | ||||||
15 | any act or practice that constitutes or will constitute | ||||||
16 | a violation of any rule adopted under the authority of | ||||||
17 | this Section, the Department of Children and Family | ||||||
18 | Services may inform the Attorney General and the | ||||||
19 | State's Attorney of the appropriate county. Under such | ||||||
20 | circumstances, the Attorney General or the State's | ||||||
21 | Attorney may initiate injunction proceedings. Upon a | ||||||
22 | proper showing, any circuit court may enter a permanent | ||||||
23 | or preliminary injunction or a temporary restraining | ||||||
24 | order without bond to enforce this Section or any rule | ||||||
25 | adopted under this Section, in addition to any other | ||||||
26 | penalties and remedies provided in this Section.
|
| |||||||
| |||||||
1 | (f) A violation of this Section on a first conviction is a | ||||||
2 | Class 4 felony, and on a second or subsequent conviction is a
| ||||||
3 | Class 3 felony. | ||||||
4 | (g) "Adoption services" has the meaning given that term in | ||||||
5 | the Child Care Act of 1969. | ||||||
6 | (h) "Placing out" means to arrange for the free care or | ||||||
7 | placement of a child in a family other than that of the child's | ||||||
8 | parent, stepparent, grandparent, brother, sister, uncle or | ||||||
9 | aunt or legal guardian, for the purpose of adoption or for the | ||||||
10 | purpose of providing care. | ||||||
11 | (i) "Prospective adoptive parent" means a person or persons | ||||||
12 | who have filed or intend to file a petition to adopt a child | ||||||
13 | under the Adoption Act.
| ||||||
14 | Article 5. | ||||||
15 | Section 5-1. Short title. This Act may be cited as the | ||||||
16 | Yo-Yo Waterball Sales Prohibition Act.
| ||||||
17 | Section 5-5. Definition. In this Act, "yo-yo waterball" | ||||||
18 | means a water yo-yo or a soft, rubber-like ball that is filled | ||||||
19 | with a liquid and is attached to an elastic cord.
| ||||||
20 | Section 5-10. Sale of yo-yo waterballs prohibited. It is | ||||||
21 | unlawful to sell a yo-yo waterball in this State.
|
| |||||||
| |||||||
1 | Section 5-15. Sentence. A person who sells a yo-yo | ||||||
2 | waterball in this State is guilty of a business offense | ||||||
3 | punishable by a fine of $1,001 for each violation. Each sale of | ||||||
4 | a yo-yo waterball in violation of this Act is a separate | ||||||
5 | violation.
| ||||||
6 | Article 10. | ||||||
7 | Section 10-900. The School Code is amended by changing | ||||||
8 | Section 21B-80 as follows:
| ||||||
9 | (105 ILCS 5/21B-80) | ||||||
10 | Sec. 21B-80. Conviction of certain offenses as grounds for | ||||||
11 | revocation of license. | ||||||
12 | (a) As used in this Section: | ||||||
13 | "Narcotics offense" means any one or more of the following | ||||||
14 | offenses: | ||||||
15 | (1) Any offense defined in the Cannabis Control Act, | ||||||
16 | except those defined in subdivisions (a) and (b) of Section | ||||||
17 | 4 and subdivision (a) of Section 5 of the Cannabis Control | ||||||
18 | Act and any offense for which the holder of a license is | ||||||
19 | placed on probation under the provisions of Section 10 of | ||||||
20 | the Cannabis Control Act, provided that if the terms and | ||||||
21 | conditions of probation required by the court are not | ||||||
22 | fulfilled, the offense is not eligible for this exception. | ||||||
23 | (2) Any offense defined in the Illinois Controlled |
| |||||||
| |||||||
1 | Substances Act, except any offense for which the holder of | ||||||
2 | a license is placed on probation under the provisions of | ||||||
3 | Section 410 of the Illinois Controlled Substances Act, | ||||||
4 | provided that if the terms and conditions of probation | ||||||
5 | required by the court are not fulfilled, the offense is not | ||||||
6 | eligible for this exception. | ||||||
7 | (3) Any offense defined in the Methamphetamine Control | ||||||
8 | and Community Protection Act, except any offense for which | ||||||
9 | the holder of a license is placed on probation under the | ||||||
10 | provision of Section 70 of that Act, provided that if the | ||||||
11 | terms and conditions of probation required by the court are | ||||||
12 | not fulfilled, the offense is not eligible for this | ||||||
13 | exception. | ||||||
14 | (4) Any attempt to commit any of the offenses listed in | ||||||
15 | items (1) through (3) of this definition. | ||||||
16 | (5) Any offense committed or attempted in any other | ||||||
17 | state or against the laws of the United States that, if | ||||||
18 | committed or attempted in this State, would have been | ||||||
19 | punishable as one or more of the offenses listed in items | ||||||
20 | (1) through (4) of this definition. | ||||||
21 | The changes made by Public Act 96-431 to the definition of | ||||||
22 | "narcotics offense" are declaratory of existing law. | ||||||
23 | "Sex offense" means any one or more of the following | ||||||
24 | offenses: | ||||||
25 | (A) Any offense defined in Sections 11-6 , and 11-9 | ||||||
26 | through 11-9.5, inclusive, and 11-30, of the Criminal Code |
| |||||||
| |||||||
1 | of 1961; Sections 11-14 through 11-21, inclusive, of the | ||||||
2 | Criminal Code of 1961; Sections 11-23 (if punished as a | ||||||
3 | Class 3 felony), 11-24, 11-25, and 11-26 of the Criminal | ||||||
4 | Code of 1961; and Sections 11-1.20, 11-1.30, 11-1.40, | ||||||
5 | 11-1.50, 11-1.60, 12-4.9, 12-13, 12-14, 12-14.1, 12-15, | ||||||
6 | 12-16, 12-32, and 12-33 , and 12C-45 of the Criminal Code of | ||||||
7 | 1961. | ||||||
8 | (B) Any attempt to commit any of the offenses listed in | ||||||
9 | item (A) of this definition. | ||||||
10 | (C) Any offense committed or attempted in any other | ||||||
11 | state that, if committed or attempted in this State, would | ||||||
12 | have been punishable as one or more of the offenses listed | ||||||
13 | in items (A) and (B) of this definition. | ||||||
14 | (b) Whenever the holder of any license issued pursuant to | ||||||
15 | this Article has been convicted of any sex offense or narcotics | ||||||
16 | offense, the State Superintendent of Education shall forthwith | ||||||
17 | suspend the license. If the conviction is reversed and the | ||||||
18 | holder is acquitted of the offense in a new trial or the | ||||||
19 | charges against him or her are dismissed, the State | ||||||
20 | Superintendent of Education shall forthwith terminate the | ||||||
21 | suspension of the license. When the conviction becomes final, | ||||||
22 | the State Superintendent of Education shall forthwith revoke | ||||||
23 | the license. | ||||||
24 | (c) Whenever the holder of a license issued pursuant to | ||||||
25 | this Article has been convicted of attempting to commit, | ||||||
26 | conspiring to commit, soliciting, or committing first degree |
| |||||||
| |||||||
1 | murder or a Class X felony or any offense committed or | ||||||
2 | attempted in any other state or against the laws of the United | ||||||
3 | States that, if committed or attempted in this State, would | ||||||
4 | have been punishable as one or more of the foregoing offenses, | ||||||
5 | the State Superintendent of Education shall forthwith suspend | ||||||
6 | the license. If the conviction is reversed and the holder is | ||||||
7 | acquitted of that offense in a new trial or the charges that he | ||||||
8 | or she committed that offense are dismissed, the State | ||||||
9 | Superintendent of Education shall forthwith terminate the | ||||||
10 | suspension of the license. When the conviction becomes final, | ||||||
11 | the State Superintendent of Education shall forthwith revoke | ||||||
12 | the license.
| ||||||
13 | (Source: P.A. 97-607, eff. 8-26-11; incorporates 96-1551, eff. | ||||||
14 | 7-1-11; revised 10-13-11.)
| ||||||
15 | Section 10-905. The Child Care Act of 1969 is amended by | ||||||
16 | changing Section 14.6 as follows:
| ||||||
17 | (225 ILCS 10/14.6)
| ||||||
18 | Sec. 14.6. Agency payment of salaries or other | ||||||
19 | compensation.
| ||||||
20 | (a) A licensed child welfare agency may pay salaries or | ||||||
21 | other compensation to its officers, employees, agents, | ||||||
22 | contractors, or any other persons acting on its behalf for | ||||||
23 | providing adoption services, provided that all of the following | ||||||
24 | limitations apply: |
| |||||||
| |||||||
1 | (1) The fees, wages, salaries, or other compensation of | ||||||
2 | any description paid to the officers, employees, | ||||||
3 | contractors, or any other person acting on behalf of a | ||||||
4 | child welfare agency providing adoption services shall not | ||||||
5 | be unreasonably high in relation to the services actually | ||||||
6 | rendered. Every form of compensation shall be taken into | ||||||
7 | account in determining whether fees, wages, salaries, or | ||||||
8 | compensation are unreasonably high, including, but not | ||||||
9 | limited to, salary, bonuses, deferred and non-cash | ||||||
10 | compensation, retirement funds, medical and liability | ||||||
11 | insurance, loans, and other benefits such as the use, | ||||||
12 | purchase, or lease of vehicles, expense accounts, and food, | ||||||
13 | housing, and clothing allowances. | ||||||
14 | (2) Any earnings, if applicable, or compensation paid | ||||||
15 | to the child welfare agency's directors, stockholders, or | ||||||
16 | members of its governing body shall not be unreasonably | ||||||
17 | high in relation to the services rendered. | ||||||
18 | (3) Persons providing adoption services for a child | ||||||
19 | welfare agency may be compensated only for services | ||||||
20 | actually rendered and only on a fee-for-service, hourly | ||||||
21 | wage, or salary basis. | ||||||
22 | (b) The Department may adopt rules setting forth the | ||||||
23 | criteria to determine what constitutes unreasonably high fees | ||||||
24 | and compensation as those terms are used in this Section. In | ||||||
25 | determining the reasonableness of fees, wages, salaries, and | ||||||
26 | compensation under paragraphs (1) and (2) of subsection (a) of |
| |||||||
| |||||||
1 | this Section, the Department shall take into account the | ||||||
2 | location, number, and qualifications of staff, workload | ||||||
3 | requirements, budget, and size of the agency or person and | ||||||
4 | available norms for compensation within the adoption | ||||||
5 | community. Every licensed child welfare agency providing | ||||||
6 | adoption services shall provide the Department and the Attorney | ||||||
7 | General with a report, on an annual basis, providing a | ||||||
8 | description of the fees, wages, salaries and other compensation | ||||||
9 | described in paragraphs (1), (2), and (3) of this Section. | ||||||
10 | Nothing in Section 12C-70 of the Criminal Code of 1961 the | ||||||
11 | Adoption Compensation Prohibition Act shall be construed to | ||||||
12 | prevent a child welfare agency from charging fees or the | ||||||
13 | payment of salaries and compensation as limited in this Section | ||||||
14 | and any applicable Section of this Act or the Adoption Act. | ||||||
15 | (c) This Section does not apply to international adoption | ||||||
16 | services performed by those child welfare agencies governed by | ||||||
17 | the 1993 Hague Convention on Protection of Children and | ||||||
18 | Cooperation in Respect of Intercountry Adoption and the | ||||||
19 | Intercountry Adoption Act of 2000. | ||||||
20 | (d) Eligible agencies may be deemed compliant with this | ||||||
21 | Section.
| ||||||
22 | (Source: P.A. 94-586, eff. 8-15-05.)
| ||||||
23 | Section 10-910. The Health Care Worker Background Check Act | ||||||
24 | is amended by changing Section 25 as follows:
|
| |||||||
| |||||||
1 | (225 ILCS 46/25)
| ||||||
2 | Sec. 25. Persons ineligible to be hired by health care | ||||||
3 | employers and long-term care facilities.
| ||||||
4 | (a) In the discretion of the Director of Public Health, as | ||||||
5 | soon after January 1, 1996, January 1, 1997, January 1, 2006, | ||||||
6 | or October 1, 2007, as applicable, and as is reasonably | ||||||
7 | practical, no
health care employer shall knowingly hire, | ||||||
8 | employ, or retain any
individual in a position with duties | ||||||
9 | involving direct care for clients,
patients, or residents, and | ||||||
10 | no long-term care facility shall knowingly hire, employ, or | ||||||
11 | retain any individual in a position with duties that involve or | ||||||
12 | may involve
contact with residents or access to the living | ||||||
13 | quarters or the financial, medical, or personal records of | ||||||
14 | residents, who has been convicted of committing or attempting | ||||||
15 | to
commit one or more of the following offenses: those defined | ||||||
16 | in Sections 8-1(b), 8-1.1, 8-1.2, 9-1,
9-1.2, 9-2, 9-2.1, 9-3, | ||||||
17 | 9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1, 10-2, 10-3, 10-3.1, 10-4,
| ||||||
18 | 10-5, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, | ||||||
19 | 11-9.1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1, | ||||||
20 | 12-2, 12-3.05, 12-3.1,
12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2, | ||||||
21 | 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4,
12-11, 12-13, | ||||||
22 | 12-14, 12-14.1, 12-15, 12-16, 12-19, 12-21, 12-21.6, 12-32,
| ||||||
23 | 12-33, 12C-5, 16-1, 16-1.3, 16-25,
16A-3, 17-3, 17-56, 18-1, | ||||||
24 | 18-2, 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 20-1, 20-1.1,
24-1, | ||||||
25 | 24-1.2, 24-1.5, or 33A-2, or subdivision (a)(4) of Section | ||||||
26 | 11-14.4 , or in subsection (a) of Section 12-3 or subsection (a) |
| |||||||
| |||||||
1 | or (b) of Section 12-4.4a, of the Criminal Code of 1961; those | ||||||
2 | provided in
Section 4 of the Wrongs to Children Act; those | ||||||
3 | provided in Section 53 of the
Criminal Jurisprudence Act; those | ||||||
4 | defined in Section 5, 5.1, 5.2, 7, or 9 of
the Cannabis Control | ||||||
5 | Act; those defined in the Methamphetamine Control and Community | ||||||
6 | Protection Act; or those defined in Sections 401, 401.1, 404, | ||||||
7 | 405,
405.1, 407, or 407.1 of the Illinois Controlled Substances | ||||||
8 | Act, unless the
applicant or employee obtains a waiver pursuant | ||||||
9 | to Section 40.
| ||||||
10 | (a-1) In the discretion of the Director of Public Health, | ||||||
11 | as soon after January 1, 2004 or October 1, 2007, as | ||||||
12 | applicable, and as is reasonably practical, no health care | ||||||
13 | employer shall knowingly hire
any individual in a position with | ||||||
14 | duties involving direct care for clients,
patients, or | ||||||
15 | residents, and no long-term care facility shall knowingly hire | ||||||
16 | any individual in a position with duties that involve or may | ||||||
17 | involve
contact with residents or access to the living quarters | ||||||
18 | or the financial, medical, or personal records of residents, | ||||||
19 | who has (i) been convicted of committing or attempting
to | ||||||
20 | commit one or more of the offenses defined in Section 12-3.3, | ||||||
21 | 12-4.2-5,
16-2, 16-30, 16G-15, 16G-20, 17-33, 17-34, 17-36, | ||||||
22 | 17-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, 24-3.2, or | ||||||
23 | 24-3.3, or subsection (b) of Section 17-32,
of the Criminal | ||||||
24 | Code of 1961; Section 4, 5, 6, 8, or 17.02 of the Illinois
| ||||||
25 | Credit Card and Debit Card Act; or Section 11-9.1A of the | ||||||
26 | Criminal Code of 1961 or Section 5.1 of the Wrongs to Children |
| |||||||
| |||||||
1 | Act;
or (ii) violated Section 50-50 of the Nurse Practice Act, | ||||||
2 | unless the applicant or employee obtains a waiver pursuant to | ||||||
3 | Section 40 of this Act.
| ||||||
4 | A health care employer is not required to retain an | ||||||
5 | individual in a position
with duties involving direct care for | ||||||
6 | clients, patients, or residents, and no long-term care facility | ||||||
7 | is required to retain an individual in a position with duties | ||||||
8 | that involve or may involve
contact with residents or access to | ||||||
9 | the living quarters or the financial, medical, or personal | ||||||
10 | records of residents, who has
been convicted of committing or | ||||||
11 | attempting to commit one or more of
the offenses enumerated in | ||||||
12 | this subsection.
| ||||||
13 | (b) A health care employer shall not hire, employ, or | ||||||
14 | retain any
individual in a position with duties involving | ||||||
15 | direct care of clients,
patients, or residents, and no | ||||||
16 | long-term care facility shall knowingly hire, employ, or retain | ||||||
17 | any individual in a position with duties that involve or may | ||||||
18 | involve
contact with residents or access to the living quarters | ||||||
19 | or the financial, medical, or personal records of residents, if | ||||||
20 | the health care employer becomes aware that the
individual has | ||||||
21 | been convicted in another state of committing or attempting to
| ||||||
22 | commit an offense that has the same or similar elements as an | ||||||
23 | offense listed in
subsection (a) or (a-1), as verified by court | ||||||
24 | records, records from a state
agency, or an FBI criminal | ||||||
25 | history record check, unless the applicant or employee obtains | ||||||
26 | a waiver pursuant to Section 40 of this Act. This shall not be |
| |||||||
| |||||||
1 | construed to
mean that a health care employer has an obligation | ||||||
2 | to conduct a criminal
history records check in other states in | ||||||
3 | which an employee has resided.
| ||||||
4 | (Source: P.A. 96-710, eff. 1-1-10; 96-1551, Article 1, Section | ||||||
5 | 930, eff. 7-1-11; 96-1551, Article 2, Section 995, eff. 7-1-11; | ||||||
6 | 96-1551, Article 10, Section 10-40, eff. 7-1-11; 97-597, eff. | ||||||
7 | 1-1-12.)
| ||||||
8 | Section 10-915. The Abandoned Newborn Infant Protection | ||||||
9 | Act is amended by changing Section 25 as follows:
| ||||||
10 | (325 ILCS 2/25)
| ||||||
11 | Sec. 25. Immunity for relinquishing person.
| ||||||
12 | (a) The act of relinquishing a newborn infant to a | ||||||
13 | hospital, police
station, fire
station, or emergency medical | ||||||
14 | facility in accordance with this Act
does not, by itself, | ||||||
15 | constitute a basis for a finding of abuse,
neglect, or | ||||||
16 | abandonment of the infant pursuant to the laws of this State | ||||||
17 | nor
does it, by itself, constitute a violation of Section 12C-5 | ||||||
18 | or 12C-10 12-21.5 or 12-21.6 of the
Criminal Code of 1961.
| ||||||
19 | (b) If there is suspected child abuse or neglect
that is | ||||||
20 | not based solely on the newborn infant's relinquishment to a
| ||||||
21 | hospital, police station, fire station, or emergency medical | ||||||
22 | facility, the
personnel
of the hospital, police station, fire | ||||||
23 | station, or emergency medical
facility who are
mandated | ||||||
24 | reporters under the Abused and Neglected Child Reporting Act |
| |||||||
| |||||||
1 | must
report the abuse or neglect pursuant to that Act.
| ||||||
2 | (c) Neither a child protective investigation nor a criminal
| ||||||
3 | investigation may be initiated solely because a newborn infant | ||||||
4 | is
relinquished pursuant to this Act.
| ||||||
5 | (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; | ||||||
6 | 93-820, eff. 7-27-04 .)
| ||||||
7 | Section 10-920. The Illinois Vehicle Code is amended by | ||||||
8 | changing Sections 6-106.1 and 6-508 as follows:
| ||||||
9 | (625 ILCS 5/6-106.1)
| ||||||
10 | Sec. 6-106.1. School bus driver permit.
| ||||||
11 | (a) The Secretary of State shall issue a school bus driver
| ||||||
12 | permit to those applicants who have met all the requirements of | ||||||
13 | the
application and screening process under this Section to | ||||||
14 | insure the
welfare and safety of children who are transported | ||||||
15 | on school buses
throughout the State of Illinois. Applicants | ||||||
16 | shall obtain the
proper application required by the Secretary | ||||||
17 | of State from their
prospective or current employer and submit | ||||||
18 | the completed
application to the prospective or current | ||||||
19 | employer along
with the necessary fingerprint submission as | ||||||
20 | required by the
Department of
State Police to conduct | ||||||
21 | fingerprint based criminal background
checks on current and | ||||||
22 | future information available in the state
system and current | ||||||
23 | information available through the Federal Bureau
of | ||||||
24 | Investigation's system. Applicants who have completed the
|
| |||||||
| |||||||
1 | fingerprinting requirements shall not be subjected to the
| ||||||
2 | fingerprinting process when applying for subsequent permits or
| ||||||
3 | submitting proof of successful completion of the annual | ||||||
4 | refresher
course. Individuals who on the effective date of this | ||||||
5 | Act possess a valid
school bus driver permit that has been | ||||||
6 | previously issued by the appropriate
Regional School | ||||||
7 | Superintendent are not subject to the fingerprinting
| ||||||
8 | provisions of this Section as long as the permit remains valid | ||||||
9 | and does not
lapse. The applicant shall be required to pay all | ||||||
10 | related
application and fingerprinting fees as established by | ||||||
11 | rule
including, but not limited to, the amounts established by | ||||||
12 | the Department of
State Police and the Federal Bureau of | ||||||
13 | Investigation to process
fingerprint based criminal background | ||||||
14 | investigations. All fees paid for
fingerprint processing | ||||||
15 | services under this Section shall be deposited into the
State | ||||||
16 | Police Services Fund for the cost incurred in processing the | ||||||
17 | fingerprint
based criminal background investigations. All | ||||||
18 | other fees paid under this
Section shall be deposited into the | ||||||
19 | Road
Fund for the purpose of defraying the costs of the | ||||||
20 | Secretary of State in
administering this Section. All | ||||||
21 | applicants must:
| ||||||
22 | 1. be 21 years of age or older;
| ||||||
23 | 2. possess a valid and properly classified driver's | ||||||
24 | license
issued by the Secretary of State;
| ||||||
25 | 3. possess a valid driver's license, which has not been
| ||||||
26 | revoked, suspended, or canceled for 3 years immediately |
| |||||||
| |||||||
1 | prior to
the date of application, or have not had his or | ||||||
2 | her commercial motor vehicle
driving privileges
| ||||||
3 | disqualified within the 3 years immediately prior to the | ||||||
4 | date of application;
| ||||||
5 | 4. successfully pass a written test, administered by | ||||||
6 | the
Secretary of State, on school bus operation, school bus | ||||||
7 | safety, and
special traffic laws relating to school buses | ||||||
8 | and submit to a review
of the applicant's driving habits by | ||||||
9 | the Secretary of State at the time the
written test is | ||||||
10 | given;
| ||||||
11 | 5. demonstrate ability to exercise reasonable care in | ||||||
12 | the operation of
school buses in accordance with rules | ||||||
13 | promulgated by the Secretary of State;
| ||||||
14 | 6. demonstrate physical fitness to operate school | ||||||
15 | buses by
submitting the results of a medical examination, | ||||||
16 | including tests for drug
use for each applicant not subject | ||||||
17 | to such testing pursuant to
federal law, conducted by a | ||||||
18 | licensed physician, an advanced practice nurse
who has a | ||||||
19 | written collaborative agreement with
a collaborating | ||||||
20 | physician which authorizes him or her to perform medical
| ||||||
21 | examinations, or a physician assistant who has been | ||||||
22 | delegated the
performance of medical examinations by his or | ||||||
23 | her supervising physician
within 90 days of the date
of | ||||||
24 | application according to standards promulgated by the | ||||||
25 | Secretary of State;
| ||||||
26 | 7. affirm under penalties of perjury that he or she has |
| |||||||
| |||||||
1 | not made a
false statement or knowingly concealed a | ||||||
2 | material fact
in any application for permit;
| ||||||
3 | 8. have completed an initial classroom course, | ||||||
4 | including first aid
procedures, in school bus driver safety | ||||||
5 | as promulgated by the Secretary of
State; and after | ||||||
6 | satisfactory completion of said initial course an annual
| ||||||
7 | refresher course; such courses and the agency or | ||||||
8 | organization conducting such
courses shall be approved by | ||||||
9 | the Secretary of State; failure to
complete the annual | ||||||
10 | refresher course, shall result in
cancellation of the | ||||||
11 | permit until such course is completed;
| ||||||
12 | 9. not have been under an order of court supervision | ||||||
13 | for or convicted of 2 or more serious traffic offenses, as
| ||||||
14 | defined by rule, within one year prior to the date of | ||||||
15 | application that may
endanger the life or safety of any of | ||||||
16 | the driver's passengers within the
duration of the permit | ||||||
17 | period;
| ||||||
18 | 10. not have been under an order of court supervision | ||||||
19 | for or convicted of reckless driving, aggravated reckless | ||||||
20 | driving, driving while under the influence of alcohol, | ||||||
21 | other drug or drugs, intoxicating compound or compounds or | ||||||
22 | any combination thereof, or reckless homicide resulting | ||||||
23 | from the operation of a motor
vehicle within 3 years of the | ||||||
24 | date of application;
| ||||||
25 | 11. not have been convicted of committing or attempting
| ||||||
26 | to commit any
one or more of the following offenses: (i) |
| |||||||
| |||||||
1 | those offenses defined in
Sections 8-1.2, 9-1, 9-1.2, 9-2, | ||||||
2 | 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, | ||||||
3 | 10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40, | ||||||
4 | 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, | ||||||
5 | 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, | ||||||
6 | 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, | ||||||
7 | 11-19.1,
11-19.2,
11-20, 11-20.1, 11-20.1B, 11-20.3, | ||||||
8 | 11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6, | ||||||
9 | 12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
| ||||||
10 | 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.01, 12-6, 12-6.2, | ||||||
11 | 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, | ||||||
12 | 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, | ||||||
13 | 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
| ||||||
14 | 18-1,
18-2,
18-3, 18-4, 18-5,
20-1, 20-1.1, 20-1.2, 20-1.3, | ||||||
15 | 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, | ||||||
16 | 24-2.1, 24-3.3, 24-3.5, 31A-1, 31A-1.1,
33A-2, and 33D-1, | ||||||
17 | and in subsection (b) of Section 8-1, and in subdivisions | ||||||
18 | (a)(1), (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), | ||||||
19 | and (f)(1) of Section 12-3.05, and in subsection (a) and | ||||||
20 | subsection (b), clause (1), of Section
12-4, and in | ||||||
21 | subsection (A), clauses (a) and (b), of Section 24-3, and | ||||||
22 | those offenses contained in Article 29D of the Criminal | ||||||
23 | Code of 1961; (ii) those offenses defined in the
Cannabis | ||||||
24 | Control Act except those offenses defined in subsections | ||||||
25 | (a) and
(b) of Section 4, and subsection (a) of Section 5 | ||||||
26 | of the Cannabis Control
Act; (iii) those offenses defined |
| |||||||
| |||||||
1 | in the Illinois Controlled Substances
Act; (iv) those | ||||||
2 | offenses defined in the Methamphetamine Control and | ||||||
3 | Community Protection Act; (v) any offense committed or | ||||||
4 | attempted in any other state or against
the laws of the | ||||||
5 | United States, which if committed or attempted in this
| ||||||
6 | State would be punishable as one or more of the foregoing | ||||||
7 | offenses; (vi)
the offenses defined in Section 4.1 and 5.1 | ||||||
8 | of the Wrongs to Children Act or Section 11-9.1A of the | ||||||
9 | Criminal Code of 1961; (vii) those offenses defined in | ||||||
10 | Section 6-16 of the Liquor Control Act of
1934;
and (viii) | ||||||
11 | those offenses defined in the Methamphetamine Precursor | ||||||
12 | Control Act;
| ||||||
13 | 12. not have been repeatedly involved as a driver in | ||||||
14 | motor vehicle
collisions or been repeatedly convicted of | ||||||
15 | offenses against
laws and ordinances regulating the | ||||||
16 | movement of traffic, to a degree which
indicates lack of | ||||||
17 | ability to exercise ordinary and reasonable care in the
| ||||||
18 | safe operation of a motor vehicle or disrespect for the | ||||||
19 | traffic laws and
the safety of other persons upon the | ||||||
20 | highway;
| ||||||
21 | 13. not have, through the unlawful operation of a motor
| ||||||
22 | vehicle, caused an accident resulting in the death of any | ||||||
23 | person;
| ||||||
24 | 14. not have, within the last 5 years, been adjudged to | ||||||
25 | be
afflicted with or suffering from any mental disability | ||||||
26 | or disease; and
|
| |||||||
| |||||||
1 | 15. consent, in writing, to the release of results of | ||||||
2 | reasonable suspicion drug and alcohol testing under | ||||||
3 | Section 6-106.1c of this Code by the employer of the | ||||||
4 | applicant to the Secretary of State. | ||||||
5 | (b) A school bus driver permit shall be valid for a period | ||||||
6 | specified by
the Secretary of State as set forth by rule. It | ||||||
7 | shall be renewable upon compliance with subsection (a) of this
| ||||||
8 | Section.
| ||||||
9 | (c) A school bus driver permit shall contain the holder's | ||||||
10 | driver's
license number, legal name, residence address, zip | ||||||
11 | code, and date
of birth, a brief description of the holder and | ||||||
12 | a space for signature. The
Secretary of State may require a | ||||||
13 | suitable photograph of the holder.
| ||||||
14 | (d) The employer shall be responsible for conducting a | ||||||
15 | pre-employment
interview with prospective school bus driver | ||||||
16 | candidates, distributing school
bus driver applications and | ||||||
17 | medical forms to be completed by the applicant, and
submitting | ||||||
18 | the applicant's fingerprint cards to the Department of State | ||||||
19 | Police
that are required for the criminal background | ||||||
20 | investigations. The employer
shall certify in writing to the | ||||||
21 | Secretary of State that all pre-employment
conditions have been | ||||||
22 | successfully completed including the successful completion
of | ||||||
23 | an Illinois specific criminal background investigation through | ||||||
24 | the
Department of State Police and the submission of necessary
| ||||||
25 | fingerprints to the Federal Bureau of Investigation for | ||||||
26 | criminal
history information available through the Federal |
| |||||||
| |||||||
1 | Bureau of
Investigation system. The applicant shall present the
| ||||||
2 | certification to the Secretary of State at the time of | ||||||
3 | submitting
the school bus driver permit application.
| ||||||
4 | (e) Permits shall initially be provisional upon receiving
| ||||||
5 | certification from the employer that all pre-employment | ||||||
6 | conditions
have been successfully completed, and upon | ||||||
7 | successful completion of
all training and examination | ||||||
8 | requirements for the classification of
the vehicle to be | ||||||
9 | operated, the Secretary of State shall
provisionally issue a | ||||||
10 | School Bus Driver Permit. The permit shall
remain in a | ||||||
11 | provisional status pending the completion of the
Federal Bureau | ||||||
12 | of Investigation's criminal background investigation based
| ||||||
13 | upon fingerprinting specimens submitted to the Federal Bureau | ||||||
14 | of
Investigation by the Department of State Police. The Federal | ||||||
15 | Bureau of
Investigation shall report the findings directly to | ||||||
16 | the Secretary
of State. The Secretary of State shall remove the | ||||||
17 | bus driver
permit from provisional status upon the applicant's | ||||||
18 | successful
completion of the Federal Bureau of Investigation's | ||||||
19 | criminal
background investigation.
| ||||||
20 | (f) A school bus driver permit holder shall notify the
| ||||||
21 | employer and the Secretary of State if he or she is issued an | ||||||
22 | order of court supervision for or convicted in
another state of | ||||||
23 | an offense that would make him or her ineligible
for a permit | ||||||
24 | under subsection (a) of this Section. The
written notification | ||||||
25 | shall be made within 5 days of the entry of
the order of court | ||||||
26 | supervision or conviction. Failure of the permit holder to |
| |||||||
| |||||||
1 | provide the
notification is punishable as a petty
offense for a | ||||||
2 | first violation and a Class B misdemeanor for a
second or | ||||||
3 | subsequent violation.
| ||||||
4 | (g) Cancellation; suspension; notice and procedure.
| ||||||
5 | (1) The Secretary of State shall cancel a school bus
| ||||||
6 | driver permit of an applicant whose criminal background | ||||||
7 | investigation
discloses that he or she is not in compliance | ||||||
8 | with the provisions of subsection
(a) of this Section.
| ||||||
9 | (2) The Secretary of State shall cancel a school
bus | ||||||
10 | driver permit when he or she receives notice that the | ||||||
11 | permit holder fails
to comply with any provision of this | ||||||
12 | Section or any rule promulgated for the
administration of | ||||||
13 | this Section.
| ||||||
14 | (3) The Secretary of State shall cancel a school bus
| ||||||
15 | driver permit if the permit holder's restricted commercial | ||||||
16 | or
commercial driving privileges are withdrawn or | ||||||
17 | otherwise
invalidated.
| ||||||
18 | (4) The Secretary of State may not issue a school bus
| ||||||
19 | driver permit for a period of 3 years to an applicant who | ||||||
20 | fails to
obtain a negative result on a drug test as | ||||||
21 | required in item 6 of
subsection (a) of this Section or | ||||||
22 | under federal law.
| ||||||
23 | (5) The Secretary of State shall forthwith suspend
a | ||||||
24 | school bus driver permit for a period of 3 years upon | ||||||
25 | receiving
notice that the holder has failed to obtain a | ||||||
26 | negative result on a
drug test as required in item 6 of |
| |||||||
| |||||||
1 | subsection (a) of this Section
or under federal law.
| ||||||
2 | (6) The Secretary of State shall suspend a school bus | ||||||
3 | driver permit for a period of 3 years upon receiving notice | ||||||
4 | from the employer that the holder failed to perform the | ||||||
5 | inspection procedure set forth in subsection (a) or (b) of | ||||||
6 | Section 12-816 of this Code. | ||||||
7 | (7) The Secretary of State shall suspend a school bus | ||||||
8 | driver permit for a period of 3 years upon receiving notice | ||||||
9 | from the employer that the holder refused to submit to an | ||||||
10 | alcohol or drug test as required by Section 6-106.1c or has | ||||||
11 | submitted to a test required by that Section which | ||||||
12 | disclosed an alcohol concentration of more than 0.00 or | ||||||
13 | disclosed a positive result on a National Institute on Drug | ||||||
14 | Abuse five-drug panel, utilizing federal standards set | ||||||
15 | forth in 49 CFR 40.87. | ||||||
16 | The Secretary of State shall notify the State | ||||||
17 | Superintendent
of Education and the permit holder's | ||||||
18 | prospective or current
employer that the applicant has (1) has | ||||||
19 | failed a criminal
background investigation or (2) is no
longer | ||||||
20 | eligible for a school bus driver permit; and of the related
| ||||||
21 | cancellation of the applicant's provisional school bus driver | ||||||
22 | permit. The
cancellation shall remain in effect pending the | ||||||
23 | outcome of a
hearing pursuant to Section 2-118 of this Code. | ||||||
24 | The scope of the
hearing shall be limited to the issuance | ||||||
25 | criteria contained in
subsection (a) of this Section. A | ||||||
26 | petition requesting a
hearing shall be submitted to the |
| |||||||
| |||||||
1 | Secretary of State and shall
contain the reason the individual | ||||||
2 | feels he or she is entitled to a
school bus driver permit. The | ||||||
3 | permit holder's
employer shall notify in writing to the | ||||||
4 | Secretary of State
that the employer has certified the removal | ||||||
5 | of the offending school
bus driver from service prior to the | ||||||
6 | start of that school bus
driver's next workshift. An employing | ||||||
7 | school board that fails to
remove the offending school bus | ||||||
8 | driver from service is
subject to the penalties defined in | ||||||
9 | Section 3-14.23 of the School Code. A
school bus
contractor who | ||||||
10 | violates a provision of this Section is
subject to the | ||||||
11 | penalties defined in Section 6-106.11.
| ||||||
12 | All valid school bus driver permits issued under this | ||||||
13 | Section
prior to January 1, 1995, shall remain effective until | ||||||
14 | their
expiration date unless otherwise invalidated.
| ||||||
15 | (h) When a school bus driver permit holder who is a service | ||||||
16 | member is called to active duty, the employer of the permit | ||||||
17 | holder shall notify the Secretary of State, within 30 days of | ||||||
18 | notification from the permit holder, that the permit holder has | ||||||
19 | been called to active duty. Upon notification pursuant to this | ||||||
20 | subsection, (i) the Secretary of State shall characterize the | ||||||
21 | permit as inactive until a permit holder renews the permit as | ||||||
22 | provided in subsection (i) of this Section, and (ii) if a | ||||||
23 | permit holder fails to comply with the requirements of this | ||||||
24 | Section while called to active duty, the Secretary of State | ||||||
25 | shall not characterize the permit as invalid. | ||||||
26 | (i) A school bus driver permit holder who is a service |
| |||||||
| |||||||
1 | member returning from active duty must, within 90 days, renew a | ||||||
2 | permit characterized as inactive pursuant to subsection (h) of | ||||||
3 | this Section by complying with the renewal requirements of | ||||||
4 | subsection (b) of this Section. | ||||||
5 | (j) For purposes of subsections (h) and (i) of this | ||||||
6 | Section: | ||||||
7 | "Active duty" means active duty pursuant to an executive | ||||||
8 | order of the President of the United States, an act of the | ||||||
9 | Congress of the United States, or an order of the Governor. | ||||||
10 | "Service member" means a member of the Armed Services or | ||||||
11 | reserve forces of the United States or a member of the Illinois | ||||||
12 | National Guard. | ||||||
13 | (Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09; | ||||||
14 | 96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff. | ||||||
15 | 7-22-10; 96-1551, Article 1, Section 950, eff. 7-1-11; 96-1551, | ||||||
16 | Article 2, Section 1025, eff. 7-1-11; 97-224, eff. 7-28-11; | ||||||
17 | 97-229, eff. 7-28-11; 97-333, eff. 8-12-11; 97-466, eff. | ||||||
18 | 1-1-12; revised 9-15-11.)
| ||||||
19 | (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
| ||||||
20 | Sec. 6-508. Commercial Driver's License (CDL) - | ||||||
21 | qualification standards.
| ||||||
22 | (a) Testing.
| ||||||
23 | (1) General. No person shall be issued an original or | ||||||
24 | renewal CDL
unless that person is
domiciled in this State. | ||||||
25 | The Secretary shall cause to be administered such
tests as |
| |||||||
| |||||||
1 | the Secretary deems necessary to meet the requirements of | ||||||
2 | 49
C.F.R. Part 383, subparts F, G, H, and J.
| ||||||
3 | (2) Third party testing. The Secretary of state may | ||||||
4 | authorize a
"third party tester", pursuant to 49 C.F.R. | ||||||
5 | Part 383.75, to administer the
skills test or tests | ||||||
6 | specified by Federal Motor Carrier Safety
Administration | ||||||
7 | pursuant to the
Commercial Motor Vehicle Safety Act of 1986 | ||||||
8 | and any appropriate federal rule.
| ||||||
9 | (b) Waiver of Skills Test. The Secretary of State may waive | ||||||
10 | the skills
test specified in this Section for a driver | ||||||
11 | applicant for a commercial driver license
who meets the | ||||||
12 | requirements of 49 C.F.R. Part 383.77 and Part 383.123.
| ||||||
13 | (b-1) No person shall be issued a commercial driver | ||||||
14 | instruction permit or CDL unless the person certifies to the | ||||||
15 | Secretary one of the following types of driving operations in | ||||||
16 | which he or she will be engaged: | ||||||
17 | (1) non-excepted interstate; | ||||||
18 | (2) non-excepted intrastate; | ||||||
19 | (3) excepted interstate; or | ||||||
20 | (4) excepted intrastate. | ||||||
21 | (b-2) Persons who hold a commercial driver instruction | ||||||
22 | permit or CDL on January 30, 2012 must certify to the Secretary | ||||||
23 | no later than January 30, 2014 one of the following applicable | ||||||
24 | self-certifications: | ||||||
25 | (1) non-excepted interstate; | ||||||
26 | (2) non-excepted intrastate; |
| |||||||
| |||||||
1 | (3) excepted interstate; or | ||||||
2 | (4) excepted intrastate. | ||||||
3 | (c) Limitations on issuance of a CDL. A CDL, or a | ||||||
4 | commercial driver
instruction permit, shall not be issued to a | ||||||
5 | person while the person is
subject to a disqualification from | ||||||
6 | driving a commercial motor vehicle, or
unless otherwise | ||||||
7 | permitted by this Code, while the person's driver's
license is | ||||||
8 | suspended, revoked or cancelled in
any state, or any territory | ||||||
9 | or province of Canada; nor may a CDL be issued
to a person who | ||||||
10 | has a CDL issued by any other state, or foreign
jurisdiction, | ||||||
11 | unless the person first surrenders all such
licenses. No CDL | ||||||
12 | shall be issued to or renewed for a person who does not
meet | ||||||
13 | the requirement of 49 CFR 391.41(b)(11). The requirement may be | ||||||
14 | met with
the aid of a hearing aid.
| ||||||
15 | (c-1) The Secretary may issue a CDL with a school bus | ||||||
16 | driver endorsement
to allow a person to drive the type of bus | ||||||
17 | described in subsection (d-5) of
Section 6-104 of this Code. | ||||||
18 | The CDL with a school bus driver endorsement may be
issued only | ||||||
19 | to a person meeting the following requirements:
| ||||||
20 | (1) the person has submitted his or her fingerprints to | ||||||
21 | the
Department of State Police in the form and manner
| ||||||
22 | prescribed by the Department of State Police. These
| ||||||
23 | fingerprints shall be checked against the fingerprint | ||||||
24 | records
now and hereafter filed in the Department of State | ||||||
25 | Police and
Federal Bureau of Investigation criminal | ||||||
26 | history records databases;
|
| |||||||
| |||||||
1 | (2) the person has passed a written test, administered | ||||||
2 | by the Secretary of
State, on charter bus operation, | ||||||
3 | charter bus safety, and certain special
traffic laws
| ||||||
4 | relating to school buses determined by the Secretary of | ||||||
5 | State to be relevant to
charter buses, and submitted to a | ||||||
6 | review of the driver applicant's driving
habits by the | ||||||
7 | Secretary of State at the time the written test is given;
| ||||||
8 | (3) the person has demonstrated physical fitness to | ||||||
9 | operate school buses
by
submitting the results of a medical | ||||||
10 | examination, including tests for drug
use; and
| ||||||
11 | (4) the person has not been convicted of committing or | ||||||
12 | attempting
to commit any
one or more of the following | ||||||
13 | offenses: (i) those offenses defined in
Sections 8-1.2, | ||||||
14 | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, | ||||||
15 | 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, | ||||||
16 | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
| ||||||
17 | 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, | ||||||
18 | 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, | ||||||
19 | 11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | ||||||
20 | 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, | ||||||
21 | 11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, | ||||||
22 | 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9, | ||||||
23 | 12-5.01,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, | ||||||
24 | 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, | ||||||
25 | 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, | ||||||
26 | 12C-45, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, 18-5,
20-1, |
| |||||||
| |||||||
1 | 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, | ||||||
2 | 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 31A-1, | ||||||
3 | 31A-1.1,
33A-2, and 33D-1, and in subsection (b) of Section | ||||||
4 | 8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1), | ||||||
5 | (e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and | ||||||
6 | in subsection (a) and subsection (b), clause (1), of | ||||||
7 | Section
12-4, and in subsection (A), clauses (a) and (b), | ||||||
8 | of Section 24-3, and those offenses contained in Article | ||||||
9 | 29D of the Criminal Code of 1961; (ii) those offenses | ||||||
10 | defined in the
Cannabis Control Act except those offenses | ||||||
11 | defined in subsections (a) and
(b) of Section 4, and | ||||||
12 | subsection (a) of Section 5 of the Cannabis Control
Act; | ||||||
13 | (iii) those offenses defined in the Illinois Controlled | ||||||
14 | Substances
Act; (iv) those offenses defined in the | ||||||
15 | Methamphetamine Control and Community Protection Act; (v) | ||||||
16 | any offense committed or attempted in any other state or | ||||||
17 | against
the laws of the United States, which if committed | ||||||
18 | or attempted in this
State would be punishable as one or | ||||||
19 | more of the foregoing offenses; (vi)
the offenses defined | ||||||
20 | in Sections 4.1 and 5.1 of the Wrongs to Children Act or | ||||||
21 | Section 11-9.1A of the Criminal Code of 1961; (vii) those | ||||||
22 | offenses defined in Section 6-16 of the Liquor Control Act | ||||||
23 | of
1934; and (viii) those offenses defined in the | ||||||
24 | Methamphetamine Precursor Control Act.
| ||||||
25 | The Department of State Police shall charge
a fee for | ||||||
26 | conducting the criminal history records check, which shall be
|
| |||||||
| |||||||
1 | deposited into the State Police Services Fund and may not | ||||||
2 | exceed the actual
cost of the records check.
| ||||||
3 | (c-2) The Secretary shall issue a CDL with a school bus | ||||||
4 | endorsement to allow a person to drive a school bus as defined | ||||||
5 | in this Section. The CDL shall be issued according to the | ||||||
6 | requirements outlined in 49 C.F.R. 383. A person may not | ||||||
7 | operate a school bus as defined in this Section without a | ||||||
8 | school bus endorsement. The Secretary of State may adopt rules | ||||||
9 | consistent with Federal guidelines to implement this | ||||||
10 | subsection (c-2).
| ||||||
11 | (d) Commercial driver instruction permit. A commercial | ||||||
12 | driver
instruction permit may be issued to any person holding a | ||||||
13 | valid Illinois
driver's license if such person successfully | ||||||
14 | passes such tests as the
Secretary determines to be necessary.
| ||||||
15 | A commercial driver instruction permit shall not be issued to a | ||||||
16 | person who
does not meet
the requirements of 49 CFR 391.41 | ||||||
17 | (b)(11), except for the renewal of a
commercial driver
| ||||||
18 | instruction permit for a person who possesses a commercial | ||||||
19 | instruction permit
prior to the
effective date of this | ||||||
20 | amendatory Act of 1999.
| ||||||
21 | (Source: P.A. 95-331, eff. 8-21-07; 95-382, eff. 8-23-07; | ||||||
22 | 96-1182, eff. 7-22-10; 96-1551, Article 1, Section 95, eff. | ||||||
23 | 7-1-11; 96-1551, Article 2, Section 1025, eff. 7-1-11; 97-208, | ||||||
24 | eff. 1-1-12; revised 9-26-11.)
| ||||||
25 | (720 ILCS 5/12-21.7 rep.) |
| |||||||
| |||||||
1 | (720 ILCS 5/Art. 33D rep.) | ||||||
2 | (720 ILCS 5/Art. 44 rep.) | ||||||
3 | Section 10-925. The Criminal Code of 1961 is amended by | ||||||
4 | repealing Section 12-21.7 and Articles 33D and 44.
| ||||||
5 | (720 ILCS 120/Act rep.)
| ||||||
6 | Section 10-930. The Hazing Act is repealed.
| ||||||
7 | (720 ILCS 130/Act rep.) | ||||||
8 | Section 10-935. The Neglected Children Offense Act is | ||||||
9 | repealed.
| ||||||
10 | (720 ILCS 150/4.1 rep.)
| ||||||
11 | Section 10-940. The Wrongs to Children Act is amended by | ||||||
12 | repealing Section 4.1.
| ||||||
13 | (720 ILCS 525/Act rep.)
| ||||||
14 | Section 10-945. The Adoption Compensation Prohibition Act | ||||||
15 | is repealed.
| ||||||
16 | (720 ILCS 555/Act rep.)
| ||||||
17 | Section 10-950. The Child Curfew Act is repealed.
| ||||||
18 | Section 10-955. The Code of Criminal Procedure of 1963 is | ||||||
19 | amended by changing Sections 115-10, 124B-10, and 124B-100 and | ||||||
20 | by adding Part 1000 to Article 124B as follows:
|
| |||||||
| |||||||
1 | (725 ILCS 5/115-10) (from Ch. 38, par. 115-10)
| ||||||
2 | Sec. 115-10. Certain hearsay exceptions.
| ||||||
3 | (a) In a prosecution for a physical or sexual act | ||||||
4 | perpetrated upon or
against a child under the age of 13, or a
| ||||||
5 | person who was a moderately, severely, or
profoundly | ||||||
6 | intellectually disabled person as
defined in this
Code and in | ||||||
7 | Section 2-10.1 of the
Criminal Code of 1961 at the time the act | ||||||
8 | was committed, including but not
limited to prosecutions for | ||||||
9 | violations of Sections 11-1.20 through 11-1.60 or 12-13 through | ||||||
10 | 12-16 of the
Criminal Code of 1961 and prosecutions for | ||||||
11 | violations of Sections
10-1 (kidnapping), 10-2 (aggravated | ||||||
12 | kidnapping), 10-3 (unlawful restraint), 10-3.1 (aggravated | ||||||
13 | unlawful restraint), 10-4 (forcible detention), 10-5 (child | ||||||
14 | abduction), 10-6 (harboring a runaway), 10-7 (aiding or | ||||||
15 | abetting child abduction), 11-9 (public indecency), 11-11 | ||||||
16 | (sexual relations within families), 11-21 (harmful material), | ||||||
17 | 12-1 (assault), 12-2 (aggravated assault), 12-3 (battery), | ||||||
18 | 12-3.2 (domestic battery), 12-3.3 (aggravated domestic | ||||||
19 | battery), 12-3.05 or
12-4 (aggravated battery), 12-4.1 | ||||||
20 | (heinous battery), 12-4.2 (aggravated battery with a firearm), | ||||||
21 | 12-4.3 (aggravated battery of a child), 12-4.7 (drug induced | ||||||
22 | infliction of great bodily harm), 12-5 (reckless conduct), 12-6 | ||||||
23 | (intimidation), 12-6.1 or 12-6.5 (compelling organization | ||||||
24 | membership of persons), 12-7.1 (hate crime), 12-7.3 | ||||||
25 | (stalking),
12-7.4 (aggravated stalking), 12-10 or 12C-35 |
| |||||||
| |||||||
1 | (tattooing the body of a minor), 12-11 (home invasion), 12-21.5 | ||||||
2 | or 12C-10 (child abandonment), 12-21.6 or 12C-5 (endangering | ||||||
3 | the life or health of a child) or 12-32 (ritual mutilation) of | ||||||
4 | the Criminal Code of
1961 or any sex offense as defined in | ||||||
5 | subsection (B) of Section 2 of the Sex Offender Registration | ||||||
6 | Act, the following evidence shall be admitted as an exception | ||||||
7 | to the
hearsay rule:
| ||||||
8 | (1) testimony by the victim of an out of court | ||||||
9 | statement made by the
victim that he or
she complained of | ||||||
10 | such act to another; and
| ||||||
11 | (2) testimony of an out of court statement made by the | ||||||
12 | victim describing
any complaint of such act or matter or | ||||||
13 | detail pertaining to any act which is an
element of an | ||||||
14 | offense which is the subject of a prosecution for a sexual | ||||||
15 | or
physical act against that victim.
| ||||||
16 | (b) Such testimony shall only be admitted if:
| ||||||
17 | (1) The court finds in a hearing conducted outside the | ||||||
18 | presence of the
jury that the time, content, and | ||||||
19 | circumstances of the statement provide
sufficient | ||||||
20 | safeguards of reliability; and
| ||||||
21 | (2) The child or moderately, severely, or
profoundly | ||||||
22 | intellectually disabled person either:
| ||||||
23 | (A) testifies at the proceeding; or
| ||||||
24 | (B) is unavailable as a witness and there is | ||||||
25 | corroborative evidence of
the act which is the subject | ||||||
26 | of the statement; and
|
| |||||||
| |||||||
1 | (3) In a case involving an offense perpetrated against | ||||||
2 | a child under the
age of 13, the out of court statement was | ||||||
3 | made before the
victim attained 13 years of age or within 3 | ||||||
4 | months after the commission of the
offense, whichever | ||||||
5 | occurs later, but the statement may be admitted regardless
| ||||||
6 | of the age of
the victim at the time of the proceeding.
| ||||||
7 | (c) If a statement is admitted pursuant to this Section, | ||||||
8 | the court shall
instruct the jury that it is for the jury to | ||||||
9 | determine the weight and
credibility to be given the statement | ||||||
10 | and that, in making the determination,
it shall consider the | ||||||
11 | age and maturity of the child, or the
intellectual capabilities | ||||||
12 | of the moderately,
severely,
or profoundly intellectually | ||||||
13 | disabled
person, the nature of the statement, the circumstances | ||||||
14 | under which the
statement was made, and any other relevant | ||||||
15 | factor.
| ||||||
16 | (d) The proponent of the statement shall give the adverse | ||||||
17 | party
reasonable notice of his intention to offer the statement | ||||||
18 | and the
particulars of the statement.
| ||||||
19 | (e) Statements described in paragraphs (1) and (2) of | ||||||
20 | subsection (a) shall
not be excluded on the basis that they | ||||||
21 | were obtained as a result of interviews
conducted pursuant to a | ||||||
22 | protocol adopted by a Child Advocacy Advisory Board as
set | ||||||
23 | forth in subsections (c), (d), and (e) of Section 3 of the | ||||||
24 | Children's
Advocacy Center Act or that an interviewer or | ||||||
25 | witness to the interview was or
is an employee, agent, or | ||||||
26 | investigator of a State's Attorney's office.
|
| |||||||
| |||||||
1 | (Source: P.A. 95-892, eff. 1-1-09; 96-710, eff. 1-1-10; | ||||||
2 | 96-1551, Article 1, Section 965, eff. 7-1-11; 96-1551, Article | ||||||
3 | 2, Section 1040, eff. 7-1-11; 97-227, eff. 1-1-12; revised | ||||||
4 | 9-14-11.)
| ||||||
5 | (725 ILCS 5/124B-10) | ||||||
6 | Sec. 124B-10. Applicability; offenses. This Article | ||||||
7 | applies to forfeiture of property in connection with the | ||||||
8 | following: | ||||||
9 | (1) A violation of Section 10A-10 of the Criminal Code | ||||||
10 | of 1961 (involuntary servitude; involuntary servitude of a | ||||||
11 | minor; trafficking of persons for forced labor or | ||||||
12 | services). | ||||||
13 | (2) A violation of subdivision (a)(1) of Section | ||||||
14 | 11-14.4 of the Criminal Code of 1961 (promoting juvenile | ||||||
15 | prostitution) or a violation of Section 11-17.1 of the | ||||||
16 | Criminal Code of 1961 (keeping a place of juvenile | ||||||
17 | prostitution). | ||||||
18 | (3) A violation of subdivision (a)(4) of Section | ||||||
19 | 11-14.4 of the Criminal Code of 1961 (promoting juvenile | ||||||
20 | prostitution) or a violation of Section 11-19.2 of the | ||||||
21 | Criminal Code of 1961 (exploitation of a child). | ||||||
22 | (4) A violation of Section 11-20 of the Criminal Code | ||||||
23 | of 1961 (obscenity). | ||||||
24 | (5) A second or subsequent violation of Section 11-20.1 | ||||||
25 | of the Criminal Code of 1961 (child pornography). |
| |||||||
| |||||||
1 | (6) A violation of Section 11-20.1B or 11-20.3 of the | ||||||
2 | Criminal Code of 1961 (aggravated child pornography). | ||||||
3 | (7) A violation of Section 12C-65 of the Criminal Code | ||||||
4 | of 1961 (unlawful transfer of a telecommunications device | ||||||
5 | to a minor). | ||||||
6 | (8) (7) A violation of Section 16D-5 of the Criminal | ||||||
7 | Code of 1961 (computer fraud). | ||||||
8 | (9) (8) A felony violation of Article 17B of the | ||||||
9 | Criminal Code of 1961 (WIC fraud). | ||||||
10 | (10) (9) A felony violation of Section 26-5 of the | ||||||
11 | Criminal Code of 1961 (dog fighting). | ||||||
12 | (11) (10) A violation of Article 29D of the Criminal | ||||||
13 | Code of 1961 (terrorism). | ||||||
14 | (12) (11) A felony violation of Section 4.01 of the | ||||||
15 | Humane Care for Animals Act (animals in entertainment).
| ||||||
16 | (Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11 .)
| ||||||
17 | (725 ILCS 5/124B-100) | ||||||
18 | Sec. 124B-100. Definition; "offense". For purposes of this | ||||||
19 | Article, "offense" is defined as follows: | ||||||
20 | (1) In the case of forfeiture authorized under Section | ||||||
21 | 10A-15 of the Criminal Code of 1961, "offense" means the | ||||||
22 | offense of involuntary servitude, involuntary servitude of | ||||||
23 | a minor, or trafficking of persons for forced labor or | ||||||
24 | services in violation of Section 10A-10 of that Code. | ||||||
25 | (2) In the case of forfeiture authorized under |
| |||||||
| |||||||
1 | subdivision (a)(1) of Section 11-14.4, or Section 11-17.1, | ||||||
2 | of the Criminal Code of 1961, "offense" means the offense | ||||||
3 | of promoting juvenile prostitution or keeping a place of | ||||||
4 | juvenile prostitution in violation of subdivision (a)(1) | ||||||
5 | of Section 11-14.4, or Section 11-17.1, of that Code. | ||||||
6 | (3) In the case of forfeiture authorized under | ||||||
7 | subdivision (a)(4) of Section 11-14.4, or Section 11-19.2, | ||||||
8 | of the Criminal Code of 1961, "offense" means the offense | ||||||
9 | of promoting juvenile prostitution or exploitation of a | ||||||
10 | child in violation of subdivision (a)(4) of Section | ||||||
11 | 11-14.4, or Section 11-19.2, of that Code. | ||||||
12 | (4) In the case of forfeiture authorized under Section | ||||||
13 | 11-20 of the Criminal Code of 1961, "offense" means the | ||||||
14 | offense of obscenity in violation of that Section. | ||||||
15 | (5) In the case of forfeiture authorized under Section | ||||||
16 | 11-20.1 of the Criminal Code of 1961, "offense" means the | ||||||
17 | offense of child pornography in violation of Section | ||||||
18 | 11-20.1 of that Code. | ||||||
19 | (6) In the case of forfeiture authorized under Section | ||||||
20 | 11-20.1B or 11-20.3 of the Criminal Code of 1961, "offense" | ||||||
21 | means the offense of aggravated child pornography in | ||||||
22 | violation of Section 11-20.1B or 11-20.3 of that Code. | ||||||
23 | (7) In the case of forfeiture authorized under Section | ||||||
24 | 12C-65 of the Criminal Code of 1961, "offense" means the | ||||||
25 | offense of unlawful transfer of a telecommunications | ||||||
26 | device to a minor in violation of Section 12C-65 of that |
| |||||||
| |||||||
1 | Code. | ||||||
2 | (8) (7) In the case of forfeiture authorized under | ||||||
3 | Section 16D-6 of the Criminal Code of 1961, "offense" means | ||||||
4 | the offense of computer fraud in violation of Section 16D-5 | ||||||
5 | of that Code. | ||||||
6 | (9) (8) In the case of forfeiture authorized under | ||||||
7 | Section 17B-25 of the Criminal Code of 1961, "offense" | ||||||
8 | means any felony violation of Article 17B of that Code. | ||||||
9 | (10) (9) In the case of forfeiture authorized under | ||||||
10 | Section 29D-65 of the Criminal Code of 1961, "offense" | ||||||
11 | means any offense under Article 29D of that Code. | ||||||
12 | (11) (10) In the case of forfeiture authorized under | ||||||
13 | Section 4.01 of the Humane Care for Animals Act or Section | ||||||
14 | 26-5 of the Criminal Code of 1961, "offense" means any | ||||||
15 | felony offense under either of those Sections.
| ||||||
16 | (12) In the case of forfeiture authorized under Section | ||||||
17 | 124B-1000(b) of the Code of Criminal Procedure of 1963, | ||||||
18 | "offense" means an offense prohibited by the Criminal Code | ||||||
19 | of 1961, the Illinois Controlled Substances Act, the | ||||||
20 | Cannabis Control Act, or the Methamphetamine Control and | ||||||
21 | Community Protection Act, or an offense involving a | ||||||
22 | telecommunications device possessed by a person on the real | ||||||
23 | property of any elementary or secondary school without | ||||||
24 | authority of the school principal. | ||||||
25 | (Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11 .)
|
| |||||||
| |||||||
1 | (725 ILCS 5/Art. 124B Pt. 1000 heading new) | ||||||
2 | Part 1000. Unlawful Telecommunications Device | ||||||
3 | (725 ILCS 5/124B-1000 new) | ||||||
4 | Sec. 124B-1000. Persons and property subject to | ||||||
5 | forfeiture. | ||||||
6 | (a) A person who commits the offense of unlawful transfer | ||||||
7 | of a telecommunications device to a minor in violation of | ||||||
8 | Section 12C-65 of the Criminal Code of 1961 shall forfeit any | ||||||
9 | telecommunications device used in the commission of the offense | ||||||
10 | or which constitutes evidence of the commission of such | ||||||
11 | offense. | ||||||
12 | (b) A person who commits an offense prohibited by the | ||||||
13 | Criminal Code of 1961, the Illinois Controlled Substances Act, | ||||||
14 | the Cannabis Control Act, or the Methamphetamine Control and | ||||||
15 | Community Protection Act, or an offense involving a | ||||||
16 | telecommunications device possessed by a person on the real | ||||||
17 | property of any elementary or secondary school without | ||||||
18 | authority of the school principal shall forfeit any | ||||||
19 | telecommunications device used in the commission of the offense | ||||||
20 | or which constitutes evidence of the commission of such | ||||||
21 | offense. A person who is not a student of the particular | ||||||
22 | elementary or secondary school, who is on school property as an | ||||||
23 | invitee of the school, and who has possession of a | ||||||
24 | telecommunications device for lawful and legitimate purposes, | ||||||
25 | shall not need to obtain authority from the school principal to |
| |||||||
| |||||||
1 | possess the telecommunications device on school property.
| ||||||
2 | (725 ILCS 5/124B-1010 new) | ||||||
3 | Sec. 124B-1010. Seizure. A telecommunications device | ||||||
4 | subject to forfeiture may be seized and delivered forthwith to | ||||||
5 | the investigating law enforcement agency. Such | ||||||
6 | telecommunications device shall not be seized unless it was | ||||||
7 | used in the commission of an offense specified in Section | ||||||
8 | 124B-1000, or constitutes evidence of such an offense. Within | ||||||
9 | 15 days after such delivery, the investigating law enforcement | ||||||
10 | agency shall give notice of seizure to any known owners, lien | ||||||
11 | holders and secured parties of such property. Within that 15 | ||||||
12 | day period the investigating law enforcement agency shall also | ||||||
13 | notify the State's Attorney of the county of seizure about the | ||||||
14 | seizure.
| ||||||
15 | (725 ILCS 5/124B-1020 new) | ||||||
16 | Sec. 124B-1020. Exception to forfeiture. No | ||||||
17 | telecommunications device shall be forfeited by reason of any | ||||||
18 | act or omission established by the owner thereof to have been | ||||||
19 | committed or omitted by any person other than the owner while | ||||||
20 | the device was unlawfully in the possession of a person who | ||||||
21 | acquired possession thereof in violation of the criminal laws | ||||||
22 | of the United States, or of any state.
| ||||||
23 | (725 ILCS 5/124B-1030 new) |
| |||||||
| |||||||
1 | Sec. 124B-1030. Transfer of property. Upon the court's | ||||||
2 | determination that the telecommunications device is subject to | ||||||
3 | forfeiture, the court may, notwithstanding the provisions of | ||||||
4 | Section 124B-165(a), upon the request of the investigating law | ||||||
5 | enforcement agency, order the property delivered to any local, | ||||||
6 | municipal or county law enforcement agency, or the Department | ||||||
7 | of State Police or the Department of Revenue of the State of | ||||||
8 | Illinois.
| ||||||
9 | (725 ILCS 5/124B-1040 new) | ||||||
10 | Sec. 124B-1040. Distribution of property from sale of | ||||||
11 | proceeds. The proceeds of any sale of property, after payment | ||||||
12 | of all liens and deduction of the reasonable charges and | ||||||
13 | expenses incurred by the investigating law enforcement agency | ||||||
14 | in storing and selling the property, shall be paid into the | ||||||
15 | general fund of the level of government responsible for the | ||||||
16 | operation of the investigating law enforcement agency.
| ||||||
17 | (725 ILCS 5/124B-1045 new) | ||||||
18 | Sec. 124B-1045. Definition. "Telecommunications device" | ||||||
19 | means a device which is portable or which may be installed in a | ||||||
20 | motor vehicle, boat, or other means of transportation, and | ||||||
21 | which is capable of receiving or transmitting speech, data, | ||||||
22 | signals, or other information, including but not limited to | ||||||
23 | paging devices, cellular and mobile telephones, and radio | ||||||
24 | transceivers, transmitters and receivers, but not including |
| |||||||
| |||||||
1 | radios designed to receive only standard AM and FM broadcasts.
| ||||||
2 | (725 ILCS 5/124B-1050 new) | ||||||
3 | Sec. 124B-1050. Standard forfeiture provisions | ||||||
4 | incorporated by reference. All of the provisions of Part 100 of | ||||||
5 | this Article are incorporated by reference into this Part 1000.
| ||||||
6 | Section 10-960. The Child Murderer and Violent Offender | ||||||
7 | Against Youth Registration Act is amended by changing Section 5 | ||||||
8 | as follows:
| ||||||
9 | (730 ILCS 154/5) | ||||||
10 | Sec. 5. Definitions. | ||||||
11 | (a) As used in this Act, "violent offender against youth" | ||||||
12 | means any person who is: | ||||||
13 | (1) charged pursuant to Illinois law, or any | ||||||
14 | substantially similar
federal, Uniform Code of Military | ||||||
15 | Justice, sister state, or foreign country
law,
with a | ||||||
16 | violent offense against youth set forth
in subsection (b) | ||||||
17 | of this Section or the attempt to commit an included | ||||||
18 | violent
offense against youth, and: | ||||||
19 | (A) is convicted of such offense or an attempt to | ||||||
20 | commit such offense;
or | ||||||
21 | (B) is found not guilty by reason of insanity of | ||||||
22 | such offense or an
attempt to commit such offense; or | ||||||
23 | (C) is found not guilty by reason of insanity |
| |||||||
| |||||||
1 | pursuant to subsection (c) of Section
104-25 of the | ||||||
2 | Code of Criminal Procedure of 1963 of such offense or | ||||||
3 | an
attempt to commit such offense; or | ||||||
4 | (D) is the subject of a finding not resulting in an | ||||||
5 | acquittal at a
hearing conducted pursuant to | ||||||
6 | subsection (a) of Section 104-25 of the Code of | ||||||
7 | Criminal
Procedure of 1963 for the alleged commission | ||||||
8 | or attempted commission of such
offense; or | ||||||
9 | (E) is found not guilty by reason of insanity | ||||||
10 | following a hearing
conducted pursuant to a federal, | ||||||
11 | Uniform Code of Military Justice, sister
state, or | ||||||
12 | foreign country law
substantially similar to | ||||||
13 | subsection (c) of Section 104-25 of the Code of | ||||||
14 | Criminal Procedure
of 1963 of such offense or of the | ||||||
15 | attempted commission of such offense; or | ||||||
16 | (F) is the subject of a finding not resulting in an | ||||||
17 | acquittal at a
hearing conducted pursuant to a federal, | ||||||
18 | Uniform Code of Military Justice,
sister state, or | ||||||
19 | foreign country law
substantially similar to | ||||||
20 | subsection (c) of Section 104-25 of the Code of | ||||||
21 | Criminal Procedure
of 1963 for the alleged violation or | ||||||
22 | attempted commission of such offense;
or | ||||||
23 | (2) adjudicated a juvenile delinquent as the result of | ||||||
24 | committing or
attempting to commit an act which, if | ||||||
25 | committed by an adult, would constitute
any of the offenses | ||||||
26 | specified in subsection (b) or (c-5) of this Section or a
|
| |||||||
| |||||||
1 | violation of any substantially similar federal, Uniform | ||||||
2 | Code of Military
Justice, sister state, or foreign
country | ||||||
3 | law, or found guilty under Article V of the Juvenile Court | ||||||
4 | Act of 1987
of committing or attempting to commit an act | ||||||
5 | which, if committed by an adult,
would constitute any of | ||||||
6 | the offenses specified in subsection (b) or (c-5) of
this | ||||||
7 | Section or a violation of any substantially similar | ||||||
8 | federal, Uniform Code
of Military Justice, sister state,
or | ||||||
9 | foreign country law. | ||||||
10 | Convictions that result from or are connected with the same | ||||||
11 | act, or result
from offenses committed at the same time, shall | ||||||
12 | be counted for the purpose of
this Act as one conviction. Any | ||||||
13 | conviction set aside pursuant to law is
not a conviction for | ||||||
14 | purposes of this Act. | ||||||
15 |
For purposes of this Section, "convicted" shall have the | ||||||
16 | same meaning as
"adjudicated". For the purposes of this Act, a | ||||||
17 | person who is defined as a violent offender against youth as a | ||||||
18 | result of being adjudicated a juvenile delinquent under | ||||||
19 | paragraph (2) of this subsection (a) upon attaining 17 years of | ||||||
20 | age shall be considered as having committed the violent offense | ||||||
21 | against youth on or after the 17th birthday of the violent | ||||||
22 | offender against youth. Registration of juveniles upon | ||||||
23 | attaining 17 years of age shall not extend the original | ||||||
24 | registration of 10 years from the date of conviction. | ||||||
25 | (b) As used in this Act, "violent offense against youth" | ||||||
26 | means: |
| |||||||
| |||||||
1 | (1) A violation of any of the following Sections of the
| ||||||
2 | Criminal Code of 1961, when the victim is a person under 18 | ||||||
3 | years of age and the offense was committed on or
after | ||||||
4 | January 1, 1996: | ||||||
5 | 10-1 (kidnapping), | ||||||
6 | 10-2 (aggravated kidnapping), | ||||||
7 | 10-3 (unlawful restraint), | ||||||
8 | 10-3.1 (aggravated unlawful restraint). | ||||||
9 | An attempt to commit any of these offenses. | ||||||
10 | (2) First degree murder under Section 9-1 of the | ||||||
11 | Criminal Code of 1961,
when the victim was a person under | ||||||
12 | 18 years of age and the defendant was at least
17 years of | ||||||
13 | age at the time of the commission of the offense. | ||||||
14 | (3) Child abduction under paragraph (10) of subsection
| ||||||
15 | (b) of Section 10-5 of the Criminal Code of 1961 committed | ||||||
16 | by luring or
attempting to lure a child under the age of 16 | ||||||
17 | into a motor vehicle, building,
house trailer, or dwelling | ||||||
18 | place without the consent of the parent or lawful
custodian | ||||||
19 | of the child for other than a lawful purpose and the | ||||||
20 | offense was
committed on or after January 1, 1998. | ||||||
21 | (4) A violation or attempted violation of the following | ||||||
22 | Section
of the Criminal Code of 1961 when the offense was | ||||||
23 | committed on or after July
1, 1999: | ||||||
24 | 10-4 (forcible detention, if the victim is under 18 | ||||||
25 | years of age). | ||||||
26 | (4.1) Involuntary manslaughter under Section 9-3 of |
| |||||||
| |||||||
1 | the Criminal Code of 1961 where baby shaking was the | ||||||
2 | proximate cause of death of the victim of the offense. | ||||||
3 | (4.2) Endangering the life or health of a child under | ||||||
4 | Section 12-21.6 or 12C-5 of the Criminal Code of 1961 that | ||||||
5 | results in the death of the child where baby shaking was | ||||||
6 | the proximate cause of the death of the child. | ||||||
7 | (4.3) Domestic battery resulting in bodily harm under | ||||||
8 | Section 12-3.2 of the Criminal Code of 1961 when the | ||||||
9 | defendant was 18 years or older and the victim was under 18 | ||||||
10 | years of age and the offense was committed on or after July | ||||||
11 | 26, 2010. | ||||||
12 | (4.4) A violation or attempted violation of any of the
| ||||||
13 | following Sections or clauses of the Criminal Code of 1961 | ||||||
14 | when the victim was under 18 years of age and the offense | ||||||
15 | was committed on or after (1) July 26, 2000 if the | ||||||
16 | defendant was 18 years of age or older or (2) July 26, 2010 | ||||||
17 | and the defendant was under the age of 18: | ||||||
18 | 12-3.3 (aggravated domestic battery), | ||||||
19 | 12-3.05(a)(1), 12-3.05(d)(2), 12-3.05(f)(1), | ||||||
20 | 12-4(a), 12-4(b)(1) or 12-4(b)(14) (aggravated | ||||||
21 | battery), | ||||||
22 | 12-3.05(a)(2) or 12-4.1 (heinous battery), | ||||||
23 | 12-3.05(b) or 12-4.3 (aggravated battery of a | ||||||
24 | child), | ||||||
25 | 12-3.1(a-5) or 12-4.4 (aggravated battery of an | ||||||
26 | unborn child), |
| |||||||
| |||||||
1 | 12-33 (ritualized abuse of a child). | ||||||
2 | (4.5) A violation or attempted violation of any of the
| ||||||
3 | following Sections of the Criminal Code of 1961 when the | ||||||
4 | victim was under 18 years of age and the offense was | ||||||
5 | committed on or after (1) August 1, 2001 if the defendant | ||||||
6 | was 18 years of age or older or (2) August 1, 2011 and the | ||||||
7 | defendant was under the age of 18: | ||||||
8 | 12-3.05(e)(1), (2), (3), or (4) or 12-4.2 | ||||||
9 | (aggravated battery with a firearm), | ||||||
10 | 12-3.05(e)(5), (6), (7), or (8) or 12-4.2-5 | ||||||
11 | (aggravated battery with a machine gun), | ||||||
12 | 12-11 (home invasion). | ||||||
13 | (5) A violation of any former law of this State | ||||||
14 | substantially equivalent
to any offense listed in this | ||||||
15 | subsection (b). | ||||||
16 | (b-5) For the purposes of this Section, "first degree | ||||||
17 | murder of an adult" means first degree murder under Section 9-1 | ||||||
18 | of the Criminal Code of 1961 when the victim was a person 18 | ||||||
19 | years of age or older at the time of the commission of the | ||||||
20 | offense. | ||||||
21 | (c) A conviction for an offense of federal law, Uniform | ||||||
22 | Code of Military
Justice, or the law of another state
or a | ||||||
23 | foreign country that is substantially equivalent to any offense | ||||||
24 | listed
in subsections (b) and (c-5) of this Section shall
| ||||||
25 | constitute a
conviction for the purpose
of this Act. | ||||||
26 | (c-5) A person at least 17 years of age at the time of the |
| |||||||
| |||||||
1 | commission of
the offense who is convicted of first degree | ||||||
2 | murder under Section 9-1 of the
Criminal Code of 1961, against | ||||||
3 | a person
under 18 years of age, shall be required to register
| ||||||
4 | for natural life.
A conviction for an offense of federal, | ||||||
5 | Uniform Code of Military Justice,
sister state, or foreign | ||||||
6 | country law that is substantially equivalent to any
offense | ||||||
7 | listed in this subsection (c-5) shall constitute a
conviction | ||||||
8 | for the purpose of this Act. This subsection (c-5) applies to a | ||||||
9 | person who committed the offense before June 1, 1996 only if | ||||||
10 | the person is incarcerated in an Illinois Department of | ||||||
11 | Corrections facility on August 20, 2004. | ||||||
12 | (c-6) A person who is convicted or adjudicated delinquent | ||||||
13 | of first degree murder of an adult shall be required to | ||||||
14 | register for a period of 10 years after conviction or | ||||||
15 | adjudication if not confined to a penal institution, hospital, | ||||||
16 | or any other institution or facility, and if confined, for a | ||||||
17 | period of 10 years after parole, discharge, or release from any | ||||||
18 | such facility. A conviction for an offense of federal, Uniform | ||||||
19 | Code of Military Justice, sister state, or foreign country law | ||||||
20 | that is substantially equivalent to any offense listed in | ||||||
21 | subsection (c-6) of this Section shall constitute a conviction | ||||||
22 | for the purpose of this Act. This subsection (c-6) does not | ||||||
23 | apply to those individuals released from incarceration more | ||||||
24 | than 10 years prior to January 1, 2012 ( the effective date of | ||||||
25 | Public Act 97-154) this amendatory Act of the 97th General | ||||||
26 | Assembly . |
| |||||||
| |||||||
1 | (d) As used in this Act, "law enforcement agency having | ||||||
2 | jurisdiction"
means the Chief of Police in each of the | ||||||
3 | municipalities in which the violent offender against youth
| ||||||
4 | expects to reside, work, or attend school (1) upon his or her | ||||||
5 | discharge,
parole or release or
(2) during the service of his | ||||||
6 | or her sentence of probation or conditional
discharge, or the | ||||||
7 | Sheriff of the county, in the event no Police Chief exists
or | ||||||
8 | if the offender intends to reside, work, or attend school in an
| ||||||
9 | unincorporated area.
"Law enforcement agency having | ||||||
10 | jurisdiction" includes the location where
out-of-state | ||||||
11 | students attend school and where out-of-state employees are
| ||||||
12 | employed or are otherwise required to register. | ||||||
13 | (e) As used in this Act, "supervising officer" means the | ||||||
14 | assigned Illinois Department of Corrections parole agent or | ||||||
15 | county probation officer. | ||||||
16 | (f) As used in this Act, "out-of-state student" means any | ||||||
17 | violent
offender against youth who is enrolled in Illinois, on | ||||||
18 | a full-time or part-time
basis, in any public or private | ||||||
19 | educational institution, including, but not
limited to, any | ||||||
20 | secondary school, trade or professional institution, or
| ||||||
21 | institution of higher learning. | ||||||
22 | (g) As used in this Act, "out-of-state employee" means any | ||||||
23 | violent
offender against youth who works in Illinois, | ||||||
24 | regardless of whether the individual
receives payment for | ||||||
25 | services performed, for a period of time of 10 or more days
or | ||||||
26 | for an aggregate period of time of 30 or more days
during any |
| |||||||
| |||||||
1 | calendar year.
Persons who operate motor vehicles in the State | ||||||
2 | accrue one day of employment
time for any portion of a day | ||||||
3 | spent in Illinois. | ||||||
4 | (h) As used in this Act, "school" means any public or | ||||||
5 | private educational institution, including, but not limited | ||||||
6 | to, any elementary or secondary school, trade or professional | ||||||
7 | institution, or institution of higher education. | ||||||
8 | (i) As used in this Act, "fixed residence" means any and | ||||||
9 | all places that a violent offender against youth resides for an | ||||||
10 | aggregate period of time of 5 or more days in a calendar year.
| ||||||
11 | (j) As used in this Act, "baby shaking" means the
vigorous | ||||||
12 | shaking of an infant or a young child that may result
in | ||||||
13 | bleeding inside the head and cause one or more of the
following | ||||||
14 | conditions: irreversible brain damage; blindness,
retinal | ||||||
15 | hemorrhage, or eye damage; cerebral palsy; hearing
loss; spinal | ||||||
16 | cord injury, including paralysis; seizures;
learning | ||||||
17 | disability; central nervous system injury; closed
head injury; | ||||||
18 | rib fracture; subdural hematoma; or death. | ||||||
19 | (Source: P.A. 96-1115, eff. 1-1-11; 96-1294, eff. 7-26-10; | ||||||
20 | 97-154, eff. 1-1-12; 97-333, eff. 8-12-11; 97-432, eff. | ||||||
21 | 8-16-11; revised 10-4-11.)
| ||||||
22 | Section 10-965. The Adoption Act is amended by changing | ||||||
23 | Section 14 as follows:
| ||||||
24 | (750 ILCS 50/14) (from Ch. 40, par. 1517)
|
| |||||||
| |||||||
1 | Sec. 14. Judgment.
| ||||||
2 | (a) Prior to the entry of the judgment for order of
| ||||||
3 | adoption in any case other than an adoption of a related child | ||||||
4 | or of an
adult, each petitioner and each
person, agency, | ||||||
5 | association, corporation, institution, society or
organization | ||||||
6 | involved in the adoption of the child, except a child welfare
| ||||||
7 | agency, shall
execute an affidavit setting forth the hospital | ||||||
8 | and medical costs, legal
fees, counseling fees, and any other | ||||||
9 | fees or expenditures paid in accordance
with the Adoption | ||||||
10 | Compensation Prohibition Act or Section 12C-70 of the Criminal | ||||||
11 | Code of 1961 .
| ||||||
12 | (b) Before the entry of the judgment for adoption, each | ||||||
13 | child welfare agency
involved in the adoption of the child | ||||||
14 | shall file an affidavit concerning the
costs, expenses, | ||||||
15 | contributions, fees, compensation, or other things of value
| ||||||
16 | which have been given, promised, or received including but not | ||||||
17 | limited to
hospital and medical costs, legal fees, social | ||||||
18 | services, living expenses, or
any other expenses related to the | ||||||
19 | adoption paid in accordance with the Adoption
Compensation | ||||||
20 | Prohibition Act or Section 12C-70 of the Criminal Code of 1961 .
| ||||||
21 | If the total amount paid by the child welfare agency is | ||||||
22 | $4,500 or more, the
affidavit shall contain an itemization of | ||||||
23 | expenditures.
| ||||||
24 | If the total amount paid by the child welfare agency is | ||||||
25 | less than $4,500, the
agency may file an unitemized affidavit | ||||||
26 | stating that the total amount paid is
less than $4,500 unless |
| |||||||
| |||||||
1 | the court, in its discretion, requires that agency to
file an | ||||||
2 | itemized affidavit.
| ||||||
3 | (c) No affidavit need be filed
in the case of an adoption | ||||||
4 | of a related child or an adult, nor shall an
affidavit be | ||||||
5 | required to be filed
by a non-consenting parent, or by any | ||||||
6 | judge, or clerk, involved in an
official capacity in the | ||||||
7 | adoption
proceedings.
| ||||||
8 | (d) All affidavits filed in accordance with this Section | ||||||
9 | shall be under penalty of perjury
and shall include, but are | ||||||
10 | not limited to, hospital and medical
costs,
legal fees, social | ||||||
11 | services, living expenses or any other expenses
related to the | ||||||
12 | adoption or to the placement of the child, whether or not the
| ||||||
13 | payments are permitted by applicable laws.
| ||||||
14 | (e) Upon the expiration of 6 months after the date
of any | ||||||
15 | interim order vesting temporary care, custody and control of a
| ||||||
16 | child, other than a related child, in the petitioners, entered | ||||||
17 | pursuant
to this Act, the petitioners may apply to the court | ||||||
18 | for a judgment of
adoption. Notice of such application shall be | ||||||
19 | served by the petitioners
upon the investigating agency or the | ||||||
20 | person making such investigation,
and the guardian ad litem. | ||||||
21 | After the hearing on such application, at
which the petitioners | ||||||
22 | and the child shall appear in person, unless their
presence is | ||||||
23 | waived by the court for good cause shown, the court may
enter a | ||||||
24 | judgment for adoption, provided the court is
satisfied from the
| ||||||
25 | report of the investigating agency or the person making the
| ||||||
26 | investigation, and from the evidence, if any, introduced, that |
| |||||||
| |||||||
1 | the
adoption is for the welfare of the child and that there is | ||||||
2 | a valid
consent, or that no consent is required as provided in | ||||||
3 | Section 8 of this
Act.
| ||||||
4 | (f) A judgment for adoption of a related child, an adult, | ||||||
5 | or a child as
to
whose adoption an agency or person authorized | ||||||
6 | by law has the right of
authority to consent may be entered at | ||||||
7 | any time after service of process
and after the return day | ||||||
8 | designated therein.
| ||||||
9 | (f-5) A standby adoption judgment may be entered upon | ||||||
10 | notice of the death
of the consenting parent
or upon the | ||||||
11 | consenting parent's request that a final judgment for adoption
| ||||||
12 | be entered. The notice must be provided to the court within 60 | ||||||
13 | days after the
standby adoptive parent's receipt of knowledge | ||||||
14 | of death of the consenting parent or the consenting parent's | ||||||
15 | request that a
final judgment for adoption be entered. If the | ||||||
16 | court finds that adoption is
for the welfare of the child and | ||||||
17 | that there is a valid consent, including
consent for standby | ||||||
18 | adoption, which is still in effect, or that no consent is
| ||||||
19 | required under Section 8 of the Act, a judgment for adoption | ||||||
20 | shall be entered
unless the court finds by clear and convincing | ||||||
21 | evidence that it is no longer in
the best interest of the child | ||||||
22 | for the adoption to be finalized.
| ||||||
23 | (g) No special findings of fact or certificate of evidence | ||||||
24 | shall be
necessary in any case to support the judgment.
| ||||||
25 | (h) Only the circuit court that entered the judgment of the | ||||||
26 | adoption may
order the issuance of any contents of the court |
| |||||||
| |||||||
1 | file or that the original
birth record of the adoptee be | ||||||
2 | provided to any persons.
| ||||||
3 | (Source: P.A. 93-732, eff. 1-1-05.)
| ||||||
4 | ARTICLE 15 | ||||||
5 | Section 15-5. The Children and Family Services Act is | ||||||
6 | amended by changing Section 7 as follows:
| ||||||
7 | (20 ILCS 505/7) (from Ch. 23, par. 5007)
| ||||||
8 | Sec. 7. Placement of children; considerations.
| ||||||
9 | (a) In placing any child under this Act, the Department | ||||||
10 | shall place
such child, as far as possible, in the care and | ||||||
11 | custody of some individual
holding the same religious belief as | ||||||
12 | the parents of the child, or with some
child care facility | ||||||
13 | which is operated by persons of like religious faith as
the | ||||||
14 | parents of such child.
| ||||||
15 | (b) In placing a child under this Act, the Department may | ||||||
16 | place a child
with a relative if the Department determines that | ||||||
17 | the relative
will be able to adequately provide for the child's | ||||||
18 | safety and welfare based on the factors set forth in the | ||||||
19 | Department's rules governing relative placements, and that the | ||||||
20 | placement is consistent with the child's best interests, taking | ||||||
21 | into consideration the factors set out in subsection (4.05) of | ||||||
22 | Section 1-3 of the Juvenile Court Act of 1987. | ||||||
23 | When the Department first assumes custody of a child, in |
| |||||||
| |||||||
1 | placing that child under this Act, the Department shall make | ||||||
2 | reasonable efforts to identify and locate a relative who is | ||||||
3 | ready, willing, and able to care for the child. At a minimum, | ||||||
4 | these efforts shall be renewed each time the child requires a | ||||||
5 | placement change and it is appropriate for the child to be | ||||||
6 | cared for in a home environment. The Department must document | ||||||
7 | its efforts to identify and locate such a relative placement | ||||||
8 | and maintain the documentation in the child's case file. | ||||||
9 | If the Department determines that a placement with any | ||||||
10 | identified relative is not in the child's best interests or | ||||||
11 | that the relative does not meet the requirements to be a | ||||||
12 | relative caregiver, as set forth in Department rules or by | ||||||
13 | statute, the Department must document the basis for that | ||||||
14 | decision and maintain the documentation in the child's case | ||||||
15 | file.
| ||||||
16 | If, pursuant to the Department's rules, any person files an | ||||||
17 | administrative appeal of the Department's decision not to place | ||||||
18 | a child with a relative, it is the Department's burden to prove | ||||||
19 | that the decision is consistent with the child's best | ||||||
20 | interests. | ||||||
21 | When the Department determines that the child requires | ||||||
22 | placement in an environment, other than a home environment, the | ||||||
23 | Department shall continue to make reasonable efforts to | ||||||
24 | identify and locate relatives to serve as visitation resources | ||||||
25 | for the child and potential future placement resources, except | ||||||
26 | when the Department determines that those efforts would be |
| |||||||
| |||||||
1 | futile or inconsistent with the child's best interests. | ||||||
2 | If the Department determines that efforts to identify and | ||||||
3 | locate relatives would be futile or inconsistent with the | ||||||
4 | child's best interests, the Department shall document the basis | ||||||
5 | of its determination and maintain the documentation in the | ||||||
6 | child's case file. | ||||||
7 | If the Department determines that an individual or a group | ||||||
8 | of relatives are inappropriate to serve as visitation resources | ||||||
9 | or possible placement resources, the Department shall document | ||||||
10 | the basis of its determination and maintain the documentation | ||||||
11 | in the child's case file. | ||||||
12 | When the Department determines that an individual or a | ||||||
13 | group of relatives are appropriate to serve as visitation | ||||||
14 | resources or possible future placement resources, the | ||||||
15 | Department shall document the basis of its determination, | ||||||
16 | maintain the documentation in the child's case file, create a | ||||||
17 | visitation or transition plan, or both, and incorporate the | ||||||
18 | visitation or transition plan, or both, into the child's case | ||||||
19 | plan. For the purpose of this subsection, any determination as | ||||||
20 | to the child's best interests shall include consideration of | ||||||
21 | the factors set out in subsection (4.05) of Section 1-3 of the | ||||||
22 | Juvenile Court Act of 1987.
| ||||||
23 | The Department may not place a child with a relative, with | ||||||
24 | the exception of
certain circumstances which may be waived as | ||||||
25 | defined by the Department in
rules, if the results of a check | ||||||
26 | of the Law Enforcement Agencies
Data System (LEADS) identifies |
| |||||||
| |||||||
1 | a prior criminal conviction of the relative or
any adult member | ||||||
2 | of the relative's household for any of the following offenses
| ||||||
3 | under the Criminal Code of 1961:
| ||||||
4 | (1) murder;
| ||||||
5 | (1.1) solicitation of murder;
| ||||||
6 | (1.2) solicitation of murder for hire;
| ||||||
7 | (1.3) intentional homicide of an unborn child;
| ||||||
8 | (1.4) voluntary manslaughter of an unborn child;
| ||||||
9 | (1.5) involuntary manslaughter;
| ||||||
10 | (1.6) reckless homicide;
| ||||||
11 | (1.7) concealment of a homicidal death;
| ||||||
12 | (1.8) involuntary manslaughter of an unborn child;
| ||||||
13 | (1.9) reckless homicide of an unborn child;
| ||||||
14 | (1.10) drug-induced homicide;
| ||||||
15 | (2) a sex offense under Article 11, except offenses | ||||||
16 | described in Sections
11-7, 11-8, 11-12, 11-13, 11-35, | ||||||
17 | 11-40, and 11-45;
| ||||||
18 | (3) kidnapping;
| ||||||
19 | (3.1) aggravated unlawful restraint;
| ||||||
20 | (3.2) forcible detention;
| ||||||
21 | (3.3) aiding and abetting child abduction;
| ||||||
22 | (4) aggravated kidnapping;
| ||||||
23 | (5) child abduction;
| ||||||
24 | (6) aggravated battery of a child as described in | ||||||
25 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
| ||||||
26 | (7) criminal sexual assault;
|
| |||||||
| |||||||
1 | (8) aggravated criminal sexual assault;
| ||||||
2 | (8.1) predatory criminal sexual assault of a child;
| ||||||
3 | (9) criminal sexual abuse;
| ||||||
4 | (10) aggravated sexual abuse;
| ||||||
5 | (11) heinous battery as described in Section 12-4.1 or | ||||||
6 | subdivision (a)(2) of Section 12-3.05;
| ||||||
7 | (12) aggravated battery with a firearm as described in | ||||||
8 | Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||||||
9 | (e)(4) of Section 12-3.05;
| ||||||
10 | (13) tampering with food, drugs, or cosmetics;
| ||||||
11 | (14) drug-induced infliction of great bodily harm as | ||||||
12 | described in Section 12-4.7 or subdivision (g)(1) of | ||||||
13 | Section 12-3.05;
| ||||||
14 | (15) aggravated stalking;
| ||||||
15 | (16) home invasion;
| ||||||
16 | (17) vehicular invasion;
| ||||||
17 | (18) criminal transmission of HIV;
| ||||||
18 | (19) criminal abuse or neglect of an elderly or | ||||||
19 | disabled person as described in Section 12-21 or subsection | ||||||
20 | (b) of Section 12-4.4a;
| ||||||
21 | (20) child abandonment;
| ||||||
22 | (21) endangering the life or health of a child;
| ||||||
23 | (22) ritual mutilation;
| ||||||
24 | (23) ritualized abuse of a child;
| ||||||
25 | (24) an offense in any other state the elements of | ||||||
26 | which are similar and
bear a substantial relationship to |
| |||||||
| |||||||
1 | any of the foregoing offenses.
| ||||||
2 | For the purpose of this subsection, "relative" shall include
| ||||||
3 | any person, 21 years of age or over, other than the parent, who | ||||||
4 | (i) is
currently related to the child in any of the following | ||||||
5 | ways by blood or
adoption: grandparent, sibling, | ||||||
6 | great-grandparent, uncle, aunt, nephew, niece,
first cousin, | ||||||
7 | second cousin, godparent, great-uncle, or great-aunt; or (ii) | ||||||
8 | is
the spouse of such a
relative; or (iii) is the child's | ||||||
9 | step-father, step-mother, or adult
step-brother or | ||||||
10 | step-sister; "relative" also includes a person related in any
| ||||||
11 | of the foregoing ways to a sibling of a child, even though the | ||||||
12 | person is not
related to the child, when the
child and its | ||||||
13 | sibling are placed together with that person. For children who | ||||||
14 | have been in the guardianship of the Department, have been | ||||||
15 | adopted, and are subsequently returned to the temporary custody | ||||||
16 | or guardianship of the Department, a "relative" may also | ||||||
17 | include any person who would have qualified as a relative under | ||||||
18 | this paragraph prior to the adoption, but only if the | ||||||
19 | Department determines, and documents, that it would be in the | ||||||
20 | child's best interests to consider this person a relative, | ||||||
21 | based upon the factors for determining best interests set forth | ||||||
22 | in subsection (4.05) of Section 1-3 of the Juvenile Court Act | ||||||
23 | of 1987. A relative with
whom a child is placed pursuant to | ||||||
24 | this subsection may, but is not required to,
apply for | ||||||
25 | licensure as a foster family home pursuant to the Child Care | ||||||
26 | Act of
1969; provided, however, that as of July 1, 1995, foster |
| |||||||
| |||||||
1 | care payments shall be
made only to licensed foster family | ||||||
2 | homes pursuant to the terms of Section 5 of
this Act.
| ||||||
3 | (c) In placing a child under this Act, the Department shall | ||||||
4 | ensure that
the child's health, safety, and best interests are | ||||||
5 | met.
In rejecting placement of a child with an identified | ||||||
6 | relative, the Department shall ensure that the child's health, | ||||||
7 | safety, and best interests are met. In evaluating the best | ||||||
8 | interests of the child, the Department shall take into | ||||||
9 | consideration the factors set forth in subsection (4.05) of | ||||||
10 | Section 1-3 of the Juvenile Court Act of 1987.
| ||||||
11 | The Department shall consider the individual needs of the
| ||||||
12 | child and the capacity of the prospective foster or adoptive
| ||||||
13 | parents to meet the needs of the child. When a child must be | ||||||
14 | placed
outside his or her home and cannot be immediately | ||||||
15 | returned to his or her
parents or guardian, a comprehensive, | ||||||
16 | individualized assessment shall be
performed of that child at | ||||||
17 | which time the needs of the child shall be
determined. Only if | ||||||
18 | race, color, or national origin is identified as a
legitimate | ||||||
19 | factor in advancing the child's best interests shall it be
| ||||||
20 | considered. Race, color, or national origin shall not be | ||||||
21 | routinely
considered in making a placement decision. The | ||||||
22 | Department shall make
special
efforts for the diligent | ||||||
23 | recruitment of potential foster and adoptive families
that | ||||||
24 | reflect the ethnic and racial diversity of the children for | ||||||
25 | whom foster
and adoptive homes are needed. "Special efforts" | ||||||
26 | shall include contacting and
working with community |
| |||||||
| |||||||
1 | organizations and religious organizations and may
include | ||||||
2 | contracting with those organizations, utilizing local media | ||||||
3 | and other
local resources, and conducting outreach activities.
| ||||||
4 | (c-1) At the time of placement, the Department shall | ||||||
5 | consider concurrent
planning, as described in subsection (l-1) | ||||||
6 | of Section 5, so that permanency may
occur at the earliest | ||||||
7 | opportunity. Consideration should be given so that if
| ||||||
8 | reunification fails or is delayed, the placement made is the | ||||||
9 | best available
placement to provide permanency for the child.
| ||||||
10 | (d) The Department may accept gifts, grants, offers of | ||||||
11 | services, and
other contributions to use in making special | ||||||
12 | recruitment efforts.
| ||||||
13 | (e) The Department in placing children in adoptive or | ||||||
14 | foster care homes
may not, in any policy or practice relating | ||||||
15 | to the placement of children for
adoption or foster care, | ||||||
16 | discriminate against any child or prospective adoptive
or | ||||||
17 | foster parent on the basis of race.
| ||||||
18 | (Source: P.A. 96-1551, Article 1, Section 900, eff. 7-1-11; | ||||||
19 | 96-1551, Article 2, Section 920, eff. 7-1-11; revised 9-30-11.)
| ||||||
20 | Section 15-10. The Criminal Identification Act is amended | ||||||
21 | by changing Section 5.2 as follows:
| ||||||
22 | (20 ILCS 2630/5.2) | ||||||
23 | Sec. 5.2. Expungement and sealing. | ||||||
24 | (a) General Provisions. |
| |||||||
| |||||||
1 | (1) Definitions. In this Act, words and phrases have
| ||||||
2 | the meanings set forth in this subsection, except when a
| ||||||
3 | particular context clearly requires a different meaning. | ||||||
4 | (A) The following terms shall have the meanings | ||||||
5 | ascribed to them in the Unified Code of Corrections, | ||||||
6 | 730 ILCS 5/5-1-2 through 5/5-1-22: | ||||||
7 | (i) Business Offense (730 ILCS 5/5-1-2), | ||||||
8 | (ii) Charge (730 ILCS 5/5-1-3), | ||||||
9 | (iii) Court (730 ILCS 5/5-1-6), | ||||||
10 | (iv) Defendant (730 ILCS 5/5-1-7), | ||||||
11 | (v) Felony (730 ILCS 5/5-1-9), | ||||||
12 | (vi) Imprisonment (730 ILCS 5/5-1-10), | ||||||
13 | (vii) Judgment (730 ILCS 5/5-1-12), | ||||||
14 | (viii) Misdemeanor (730 ILCS 5/5-1-14), | ||||||
15 | (ix) Offense (730 ILCS 5/5-1-15), | ||||||
16 | (x) Parole (730 ILCS 5/5-1-16), | ||||||
17 | (xi) Petty Offense (730 ILCS 5/5-1-17), | ||||||
18 | (xii) Probation (730 ILCS 5/5-1-18), | ||||||
19 | (xiii) Sentence (730 ILCS 5/5-1-19), | ||||||
20 | (xiv) Supervision (730 ILCS 5/5-1-21), and | ||||||
21 | (xv) Victim (730 ILCS 5/5-1-22). | ||||||
22 | (B) As used in this Section, "charge not initiated | ||||||
23 | by arrest" means a charge (as defined by 730 ILCS | ||||||
24 | 5/5-1-3) brought against a defendant where the | ||||||
25 | defendant is not arrested prior to or as a direct | ||||||
26 | result of the charge. |
| |||||||
| |||||||
1 | (C) "Conviction" means a judgment of conviction or | ||||||
2 | sentence entered upon a plea of guilty or upon a | ||||||
3 | verdict or finding of guilty of an offense, rendered by | ||||||
4 | a legally constituted jury or by a court of competent | ||||||
5 | jurisdiction authorized to try the case without a jury. | ||||||
6 | An order of supervision successfully completed by the | ||||||
7 | petitioner is not a conviction. An order of qualified | ||||||
8 | probation (as defined in subsection (a)(1)(J)) | ||||||
9 | successfully completed by the petitioner is not a | ||||||
10 | conviction. An order of supervision or an order of | ||||||
11 | qualified probation that is terminated | ||||||
12 | unsatisfactorily is a conviction, unless the | ||||||
13 | unsatisfactory termination is reversed, vacated, or | ||||||
14 | modified and the judgment of conviction, if any, is | ||||||
15 | reversed or vacated. | ||||||
16 | (D) "Criminal offense" means a petty offense, | ||||||
17 | business offense, misdemeanor, felony, or municipal | ||||||
18 | ordinance violation (as defined in subsection | ||||||
19 | (a)(1)(H)). As used in this Section, a minor traffic | ||||||
20 | offense (as defined in subsection (a)(1)(G)) shall not | ||||||
21 | be considered a criminal offense. | ||||||
22 | (E) "Expunge" means to physically destroy the | ||||||
23 | records or return them to the petitioner and to | ||||||
24 | obliterate the petitioner's name from any official | ||||||
25 | index or public record, or both. Nothing in this Act | ||||||
26 | shall require the physical destruction of the circuit |
| |||||||
| |||||||
1 | court file, but such records relating to arrests or | ||||||
2 | charges, or both, ordered expunged shall be impounded | ||||||
3 | as required by subsections (d)(9)(A)(ii) and | ||||||
4 | (d)(9)(B)(ii). | ||||||
5 | (F) As used in this Section, "last sentence" means | ||||||
6 | the sentence, order of supervision, or order of | ||||||
7 | qualified probation (as defined by subsection | ||||||
8 | (a)(1)(J)), for a criminal offense (as defined by | ||||||
9 | subsection (a)(1)(D)) that terminates last in time in | ||||||
10 | any jurisdiction, regardless of whether the petitioner | ||||||
11 | has included the criminal offense for which the | ||||||
12 | sentence or order of supervision or qualified | ||||||
13 | probation was imposed in his or her petition. If | ||||||
14 | multiple sentences, orders of supervision, or orders | ||||||
15 | of qualified probation terminate on the same day and | ||||||
16 | are last in time, they shall be collectively considered | ||||||
17 | the "last sentence" regardless of whether they were | ||||||
18 | ordered to run concurrently. | ||||||
19 | (G) "Minor traffic offense" means a petty offense, | ||||||
20 | business offense, or Class C misdemeanor under the | ||||||
21 | Illinois Vehicle Code or a similar provision of a | ||||||
22 | municipal or local ordinance. | ||||||
23 | (H) "Municipal ordinance violation" means an | ||||||
24 | offense defined by a municipal or local ordinance that | ||||||
25 | is criminal in nature and with which the petitioner was | ||||||
26 | charged or for which the petitioner was arrested and |
| |||||||
| |||||||
1 | released without charging. | ||||||
2 | (I) "Petitioner" means an adult or a minor | ||||||
3 | prosecuted as an
adult who has applied for relief under | ||||||
4 | this Section. | ||||||
5 | (J) "Qualified probation" means an order of | ||||||
6 | probation under Section 10 of the Cannabis Control Act, | ||||||
7 | Section 410 of the Illinois Controlled Substances Act, | ||||||
8 | Section 70 of the Methamphetamine Control and | ||||||
9 | Community Protection Act, Section 12-4.3(b)(1) and (2) | ||||||
10 | of the Criminal Code of 1961 (as those provisions | ||||||
11 | existed before their deletion by Public Act 89-313), | ||||||
12 | Section 10-102 of the Illinois Alcoholism and Other | ||||||
13 | Drug Dependency Act, Section 40-10 of the Alcoholism | ||||||
14 | and Other Drug Abuse and Dependency Act, or Section 10 | ||||||
15 | of the Steroid Control Act. For the purpose of this | ||||||
16 | Section, "successful completion" of an order of | ||||||
17 | qualified probation under Section 10-102 of the | ||||||
18 | Illinois Alcoholism and Other Drug Dependency Act and | ||||||
19 | Section 40-10 of the Alcoholism and Other Drug Abuse | ||||||
20 | and Dependency Act means that the probation was | ||||||
21 | terminated satisfactorily and the judgment of | ||||||
22 | conviction was vacated. | ||||||
23 | (K) "Seal" means to physically and electronically | ||||||
24 | maintain the records, unless the records would | ||||||
25 | otherwise be destroyed due to age, but to make the | ||||||
26 | records unavailable without a court order, subject to |
| |||||||
| |||||||
1 | the exceptions in Sections 12 and 13 of this Act. The | ||||||
2 | petitioner's name shall also be obliterated from the | ||||||
3 | official index required to be kept by the circuit court | ||||||
4 | clerk under Section 16 of the Clerks of Courts Act, but | ||||||
5 | any index issued by the circuit court clerk before the | ||||||
6 | entry of the order to seal shall not be affected. | ||||||
7 | (L) "Sexual offense committed against a minor" | ||||||
8 | includes but is
not limited to the offenses of indecent | ||||||
9 | solicitation of a child
or criminal sexual abuse when | ||||||
10 | the victim of such offense is
under 18 years of age. | ||||||
11 | (M) "Terminate" as it relates to a sentence or | ||||||
12 | order of supervision or qualified probation includes | ||||||
13 | either satisfactory or unsatisfactory termination of | ||||||
14 | the sentence, unless otherwise specified in this | ||||||
15 | Section. | ||||||
16 | (2) Minor Traffic Offenses.
Orders of supervision or | ||||||
17 | convictions for minor traffic offenses shall not affect a | ||||||
18 | petitioner's eligibility to expunge or seal records | ||||||
19 | pursuant to this Section. | ||||||
20 | (3) Exclusions. Except as otherwise provided in | ||||||
21 | subsections (b)(5), (b)(6), and (e) of this Section, the | ||||||
22 | court shall not order: | ||||||
23 | (A) the sealing or expungement of the records of | ||||||
24 | arrests or charges not initiated by arrest that result | ||||||
25 | in an order of supervision for or conviction of:
(i) | ||||||
26 | any sexual offense committed against a
minor; (ii) |
| |||||||
| |||||||
1 | Section 11-501 of the Illinois Vehicle Code or a | ||||||
2 | similar provision of a local ordinance; or (iii) | ||||||
3 | Section 11-503 of the Illinois Vehicle Code or a | ||||||
4 | similar provision of a local ordinance. | ||||||
5 | (B) the sealing or expungement of records of minor | ||||||
6 | traffic offenses (as defined in subsection (a)(1)(G)), | ||||||
7 | unless the petitioner was arrested and released | ||||||
8 | without charging. | ||||||
9 | (C) the sealing of the records of arrests or | ||||||
10 | charges not initiated by arrest which result in an | ||||||
11 | order of supervision, an order of qualified probation | ||||||
12 | (as defined in subsection (a)(1)(J)), or a conviction | ||||||
13 | for the following offenses: | ||||||
14 | (i) offenses included in Article 11 of the | ||||||
15 | Criminal Code of 1961 or a similar provision of a | ||||||
16 | local ordinance, except Section 11-14 of the | ||||||
17 | Criminal Code of 1961 or a similar provision of a | ||||||
18 | local ordinance; | ||||||
19 | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, or | ||||||
20 | 26-5 of the Criminal Code of 1961 or a similar | ||||||
21 | provision of a local ordinance; | ||||||
22 | (iii) offenses defined as "crimes of violence" | ||||||
23 | in Section 2 of the Crime Victims Compensation Act | ||||||
24 | or a similar provision of a local ordinance; | ||||||
25 | (iv) offenses which are Class A misdemeanors | ||||||
26 | under the Humane Care for Animals Act; or |
| |||||||
| |||||||
1 | (v) any offense or attempted offense that | ||||||
2 | would subject a person to registration under the | ||||||
3 | Sex Offender Registration Act. | ||||||
4 | (D) the sealing of the records of an arrest which | ||||||
5 | results in
the petitioner being charged with a felony | ||||||
6 | offense or records of a charge not initiated by arrest | ||||||
7 | for a felony offense unless: | ||||||
8 | (i) the charge is amended to a misdemeanor and | ||||||
9 | is otherwise
eligible to be sealed pursuant to | ||||||
10 | subsection (c); | ||||||
11 | (ii) the charge is brought along with another | ||||||
12 | charge as a part of one case and the charge results | ||||||
13 | in acquittal, dismissal, or conviction when the | ||||||
14 | conviction was reversed or vacated, and another | ||||||
15 | charge brought in the same case results in a | ||||||
16 | disposition for a misdemeanor offense that is | ||||||
17 | eligible to be sealed pursuant to subsection (c) or | ||||||
18 | a disposition listed in paragraph (i), (iii), or | ||||||
19 | (iv) of this subsection; | ||||||
20 | (iii) the charge results in first offender | ||||||
21 | probation as set forth in subsection (c)(2)(E); | ||||||
22 | (iv) the charge is for a Class 4 felony offense | ||||||
23 | listed in subsection (c)(2)(F) or the charge is | ||||||
24 | amended to a Class 4 felony offense listed in | ||||||
25 | subsection (c)(2)(F). Records of arrests which | ||||||
26 | result in the petitioner being charged with a Class |
| |||||||
| |||||||
1 | 4 felony offense listed in subsection (c)(2)(F), | ||||||
2 | records of charges not initiated by arrest for | ||||||
3 | Class 4 felony offenses listed in subsection | ||||||
4 | (c)(2)(F), and records of charges amended to a | ||||||
5 | Class 4 felony offense listed in (c)(2)(F) may be | ||||||
6 | sealed, regardless of the disposition, subject to | ||||||
7 | any waiting periods set forth in subsection | ||||||
8 | (c)(3); | ||||||
9 | (v) the charge results in acquittal, | ||||||
10 | dismissal, or the petitioner's release without | ||||||
11 | conviction; or | ||||||
12 | (vi) the charge results in a conviction, but | ||||||
13 | the conviction was reversed or vacated. | ||||||
14 | (b) Expungement. | ||||||
15 | (1) A petitioner may petition the circuit court to | ||||||
16 | expunge the
records of his or her arrests and charges not | ||||||
17 | initiated by arrest when: | ||||||
18 | (A) He or she has never been convicted of a | ||||||
19 | criminal offense; and | ||||||
20 | (B) Each arrest or charge not initiated by arrest
| ||||||
21 | sought to be expunged resulted in:
(i) acquittal, | ||||||
22 | dismissal, or the petitioner's release without | ||||||
23 | charging, unless excluded by subsection (a)(3)(B);
| ||||||
24 | (ii) a conviction which was vacated or reversed, unless | ||||||
25 | excluded by subsection (a)(3)(B);
(iii) an order of | ||||||
26 | supervision and such supervision was successfully |
| |||||||
| |||||||
1 | completed by the petitioner, unless excluded by | ||||||
2 | subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of | ||||||
3 | qualified probation (as defined in subsection | ||||||
4 | (a)(1)(J)) and such probation was successfully | ||||||
5 | completed by the petitioner. | ||||||
6 | (2) Time frame for filing a petition to expunge. | ||||||
7 | (A) When the arrest or charge not initiated by | ||||||
8 | arrest sought to be expunged resulted in an acquittal, | ||||||
9 | dismissal, the petitioner's release without charging, | ||||||
10 | or the reversal or vacation of a conviction, there is | ||||||
11 | no waiting period to petition for the expungement of | ||||||
12 | such records. | ||||||
13 | (B) When the arrest or charge not initiated by | ||||||
14 | arrest
sought to be expunged resulted in an order of | ||||||
15 | supervision, successfully
completed by the petitioner, | ||||||
16 | the following time frames will apply: | ||||||
17 | (i) Those arrests or charges that resulted in | ||||||
18 | orders of
supervision under Section 3-707, 3-708, | ||||||
19 | 3-710, or 5-401.3 of the Illinois Vehicle Code or a | ||||||
20 | similar provision of a local ordinance, or under | ||||||
21 | Section 11-1.50, 12-3.2 , or 12-15 of the Criminal | ||||||
22 | Code of 1961 or a similar provision of a local | ||||||
23 | ordinance, shall not be eligible for expungement | ||||||
24 | until 5 years have passed following the | ||||||
25 | satisfactory termination of the supervision. | ||||||
26 | (ii) Those arrests or charges that resulted in |
| |||||||
| |||||||
1 | orders
of supervision for any other offenses shall | ||||||
2 | not be
eligible for expungement until 2 years have | ||||||
3 | passed
following the satisfactory termination of | ||||||
4 | the supervision. | ||||||
5 | (C) When the arrest or charge not initiated by | ||||||
6 | arrest sought to
be expunged resulted in an order of | ||||||
7 | qualified probation, successfully
completed by the | ||||||
8 | petitioner, such records shall not be eligible for
| ||||||
9 | expungement until 5 years have passed following the | ||||||
10 | satisfactory
termination of the probation. | ||||||
11 | (3) Those records maintained by the Department for
| ||||||
12 | persons arrested prior to their 17th birthday shall be
| ||||||
13 | expunged as provided in Section 5-915 of the Juvenile Court
| ||||||
14 | Act of 1987. | ||||||
15 | (4) Whenever a person has been arrested for or | ||||||
16 | convicted of any
offense, in the name of a person whose | ||||||
17 | identity he or she has stolen or otherwise
come into | ||||||
18 | possession of, the aggrieved person from whom the identity
| ||||||
19 | was stolen or otherwise obtained without authorization,
| ||||||
20 | upon learning of the person having been arrested using his
| ||||||
21 | or her identity, may, upon verified petition to the chief | ||||||
22 | judge of
the circuit wherein the arrest was made, have a | ||||||
23 | court order
entered nunc pro tunc by the Chief Judge to | ||||||
24 | correct the
arrest record, conviction record, if any, and | ||||||
25 | all official
records of the arresting authority, the | ||||||
26 | Department, other
criminal justice agencies, the |
| |||||||
| |||||||
1 | prosecutor, and the trial
court concerning such arrest, if | ||||||
2 | any, by removing his or her name
from all such records in | ||||||
3 | connection with the arrest and
conviction, if any, and by | ||||||
4 | inserting in the records the
name of the offender, if known | ||||||
5 | or ascertainable, in lieu of
the aggrieved's name. The | ||||||
6 | records of the circuit court clerk shall be sealed until | ||||||
7 | further order of
the court upon good cause shown and the | ||||||
8 | name of the
aggrieved person obliterated on the official | ||||||
9 | index
required to be kept by the circuit court clerk under
| ||||||
10 | Section 16 of the Clerks of Courts Act, but the order shall
| ||||||
11 | not affect any index issued by the circuit court clerk
| ||||||
12 | before the entry of the order. Nothing in this Section
| ||||||
13 | shall limit the Department of State Police or other
| ||||||
14 | criminal justice agencies or prosecutors from listing
| ||||||
15 | under an offender's name the false names he or she has
| ||||||
16 | used. | ||||||
17 | (5) Whenever a person has been convicted of criminal
| ||||||
18 | sexual assault, aggravated criminal sexual assault,
| ||||||
19 | predatory criminal sexual assault of a child, criminal
| ||||||
20 | sexual abuse, or aggravated criminal sexual abuse, the
| ||||||
21 | victim of that offense may request that the State's
| ||||||
22 | Attorney of the county in which the conviction occurred
| ||||||
23 | file a verified petition with the presiding trial judge at
| ||||||
24 | the petitioner's trial to have a court order entered to | ||||||
25 | seal
the records of the circuit court clerk in connection
| ||||||
26 | with the proceedings of the trial court concerning that
|
| |||||||
| |||||||
1 | offense. However, the records of the arresting authority
| ||||||
2 | and the Department of State Police concerning the offense
| ||||||
3 | shall not be sealed. The court, upon good cause shown,
| ||||||
4 | shall make the records of the circuit court clerk in
| ||||||
5 | connection with the proceedings of the trial court
| ||||||
6 | concerning the offense available for public inspection. | ||||||
7 | (6) If a conviction has been set aside on direct review
| ||||||
8 | or on collateral attack and the court determines by clear
| ||||||
9 | and convincing evidence that the petitioner was factually
| ||||||
10 | innocent of the charge, the court shall enter an
| ||||||
11 | expungement order as provided in subsection (b) of Section
| ||||||
12 | 5-5-4 of the Unified Code of Corrections. | ||||||
13 | (7) Nothing in this Section shall prevent the | ||||||
14 | Department of
State Police from maintaining all records of | ||||||
15 | any person who
is admitted to probation upon terms and | ||||||
16 | conditions and who
fulfills those terms and conditions | ||||||
17 | pursuant to Section 10
of the Cannabis Control Act, Section | ||||||
18 | 410 of the Illinois
Controlled Substances Act, Section 70 | ||||||
19 | of the
Methamphetamine Control and Community Protection | ||||||
20 | Act,
Section 12-4.3 or subdivision (b)(1) of Section | ||||||
21 | 12-3.05 of the Criminal Code of 1961, Section 10-102
of the | ||||||
22 | Illinois Alcoholism and Other Drug Dependency Act,
Section | ||||||
23 | 40-10 of the Alcoholism and Other Drug Abuse and
Dependency | ||||||
24 | Act, or Section 10 of the Steroid Control Act. | ||||||
25 | (c) Sealing. | ||||||
26 | (1) Applicability. Notwithstanding any other provision |
| |||||||
| |||||||
1 | of this Act to the contrary, and cumulative with any rights | ||||||
2 | to expungement of criminal records, this subsection | ||||||
3 | authorizes the sealing of criminal records of adults and of | ||||||
4 | minors prosecuted as adults. | ||||||
5 | (2) Eligible Records. The following records may be | ||||||
6 | sealed: | ||||||
7 | (A) All arrests resulting in release without | ||||||
8 | charging; | ||||||
9 | (B) Arrests or charges not initiated by arrest | ||||||
10 | resulting in acquittal, dismissal, or conviction when | ||||||
11 | the conviction was reversed or vacated, except as | ||||||
12 | excluded by subsection (a)(3)(B); | ||||||
13 | (C) Arrests or charges not initiated by arrest | ||||||
14 | resulting in orders of supervision successfully | ||||||
15 | completed by the petitioner, unless excluded by | ||||||
16 | subsection (a)(3); | ||||||
17 | (D) Arrests or charges not initiated by arrest | ||||||
18 | resulting in convictions unless excluded by subsection | ||||||
19 | (a)(3); | ||||||
20 | (E) Arrests or charges not initiated by arrest | ||||||
21 | resulting in orders of first offender probation under | ||||||
22 | Section 10 of the Cannabis Control Act, Section 410 of | ||||||
23 | the Illinois Controlled Substances Act, or Section 70 | ||||||
24 | of the Methamphetamine Control and Community | ||||||
25 | Protection Act; and | ||||||
26 | (F) Arrests or charges not initiated by arrest |
| |||||||
| |||||||
1 | resulting in Class 4 felony convictions for the | ||||||
2 | following offenses: | ||||||
3 | (i) Section 11-14 of the Criminal Code of 1961; | ||||||
4 | (ii) Section 4 of the Cannabis Control Act; | ||||||
5 | (iii) Section 402 of the Illinois Controlled | ||||||
6 | Substances Act; | ||||||
7 | (iv) the Methamphetamine Precursor Control | ||||||
8 | Act; and | ||||||
9 | (v) the Steroid Control Act. | ||||||
10 | (3) When Records Are Eligible to Be Sealed. Records | ||||||
11 | identified as eligible under subsection (c)(2) may be | ||||||
12 | sealed as follows: | ||||||
13 | (A) Records identified as eligible under | ||||||
14 | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any | ||||||
15 | time. | ||||||
16 | (B) Records identified as eligible under | ||||||
17 | subsection (c)(2)(C) may be sealed
(i) 3 years after | ||||||
18 | the termination of petitioner's last sentence (as | ||||||
19 | defined in subsection (a)(1)(F)) if the petitioner has | ||||||
20 | never been convicted of a criminal offense (as defined | ||||||
21 | in subsection (a)(1)(D)); or
(ii) 4 years after the | ||||||
22 | termination of the petitioner's last sentence (as | ||||||
23 | defined in subsection (a)(1)(F)) if the petitioner has | ||||||
24 | ever been convicted of a criminal offense (as defined | ||||||
25 | in subsection (a)(1)(D)). | ||||||
26 | (C) Records identified as eligible under |
| |||||||
| |||||||
1 | subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be | ||||||
2 | sealed 4 years after the termination of the | ||||||
3 | petitioner's last sentence (as defined in subsection | ||||||
4 | (a)(1)(F)). | ||||||
5 | (4) Subsequent felony convictions. A person may not | ||||||
6 | have
subsequent felony conviction records sealed as | ||||||
7 | provided in this subsection
(c) if he or she is convicted | ||||||
8 | of any felony offense after the date of the
sealing of | ||||||
9 | prior felony convictions as provided in this subsection | ||||||
10 | (c). The court may, upon conviction for a subsequent felony | ||||||
11 | offense, order the unsealing of prior felony conviction | ||||||
12 | records previously ordered sealed by the court. | ||||||
13 | (5) Notice of eligibility for sealing. Upon entry of a | ||||||
14 | disposition for an eligible record under this subsection | ||||||
15 | (c), the petitioner shall be informed by the court of the | ||||||
16 | right to have the records sealed and the procedures for the | ||||||
17 | sealing of the records. | ||||||
18 | (d) Procedure. The following procedures apply to | ||||||
19 | expungement under subsections (b) and (e), and sealing under | ||||||
20 | subsection (c): | ||||||
21 | (1) Filing the petition. Upon becoming eligible to | ||||||
22 | petition for
the expungement or sealing of records under | ||||||
23 | this Section, the petitioner shall file a petition | ||||||
24 | requesting the expungement
or sealing of records with the | ||||||
25 | clerk of the court where the arrests occurred or the | ||||||
26 | charges were brought, or both. If arrests occurred or |
| |||||||
| |||||||
1 | charges were brought in multiple jurisdictions, a petition | ||||||
2 | must be filed in each such jurisdiction. The petitioner | ||||||
3 | shall pay the applicable fee, if not waived. | ||||||
4 | (2) Contents of petition. The petition shall be
| ||||||
5 | verified and shall contain the petitioner's name, date of
| ||||||
6 | birth, current address and, for each arrest or charge not | ||||||
7 | initiated by
arrest sought to be sealed or expunged, the | ||||||
8 | case number, the date of
arrest (if any), the identity of | ||||||
9 | the arresting authority, and such
other information as the | ||||||
10 | court may require. During the pendency
of the proceeding, | ||||||
11 | the petitioner shall promptly notify the
circuit court | ||||||
12 | clerk of any change of his or her address. | ||||||
13 | (3) Drug test. The petitioner must attach to the | ||||||
14 | petition proof that the petitioner has passed a test taken | ||||||
15 | within 30 days before the filing of the petition showing | ||||||
16 | the absence within his or her body of all illegal | ||||||
17 | substances as defined by the Illinois Controlled | ||||||
18 | Substances Act, the Methamphetamine Control and Community | ||||||
19 | Protection Act, and the Cannabis Control Act if he or she | ||||||
20 | is petitioning to seal felony records pursuant to clause | ||||||
21 | (c)(2)(E) or (c)(2)(F)(ii)-(v) or if he or she is | ||||||
22 | petitioning to expunge felony records of a qualified | ||||||
23 | probation pursuant to clause (b)(1)(B)(iv). | ||||||
24 | (4) Service of petition. The circuit court clerk shall | ||||||
25 | promptly
serve a copy of the petition on the State's | ||||||
26 | Attorney or
prosecutor charged with the duty of prosecuting |
| |||||||
| |||||||
1 | the
offense, the Department of State Police, the arresting
| ||||||
2 | agency and the chief legal officer of the unit of local
| ||||||
3 | government effecting the arrest. | ||||||
4 | (5) Objections. | ||||||
5 | (A) Any party entitled to notice of the petition | ||||||
6 | may file an objection to the petition. All objections | ||||||
7 | shall be in writing, shall be filed with the circuit | ||||||
8 | court clerk, and shall state with specificity the basis | ||||||
9 | of the objection. | ||||||
10 | (B) Objections to a petition to expunge or seal | ||||||
11 | must be filed within 60 days of the date of service of | ||||||
12 | the petition. | ||||||
13 | (6) Entry of order. | ||||||
14 | (A) The Chief Judge of the circuit wherein the | ||||||
15 | charge was brought, any judge of that circuit | ||||||
16 | designated by the Chief Judge, or in counties of less | ||||||
17 | than 3,000,000 inhabitants, the presiding trial judge | ||||||
18 | at the petitioner's trial, if any, shall rule on the | ||||||
19 | petition to expunge or seal as set forth in this | ||||||
20 | subsection (d)(6). | ||||||
21 | (B) Unless the State's Attorney or prosecutor, the | ||||||
22 | Department of
State Police, the arresting agency, or | ||||||
23 | the chief legal officer
files an objection to the | ||||||
24 | petition to expunge or seal within 60 days from the | ||||||
25 | date of service of the petition, the court shall enter | ||||||
26 | an order granting or denying the petition. |
| |||||||
| |||||||
1 | (7) Hearings. If an objection is filed, the court shall | ||||||
2 | set a date for a hearing and notify the petitioner and all | ||||||
3 | parties entitled to notice of the petition of the hearing | ||||||
4 | date at least 30 days prior to the hearing, and shall hear | ||||||
5 | evidence on whether the petition should or should not be | ||||||
6 | granted, and shall grant or deny the petition to expunge or | ||||||
7 | seal the records based on the evidence presented at the | ||||||
8 | hearing. | ||||||
9 | (8) Service of order. After entering an order to | ||||||
10 | expunge or
seal records, the court must provide copies of | ||||||
11 | the order to the
Department, in a form and manner | ||||||
12 | prescribed by the Department,
to the petitioner, to the | ||||||
13 | State's Attorney or prosecutor
charged with the duty of | ||||||
14 | prosecuting the offense, to the
arresting agency, to the | ||||||
15 | chief legal officer of the unit of
local government | ||||||
16 | effecting the arrest, and to such other
criminal justice | ||||||
17 | agencies as may be ordered by the court. | ||||||
18 | (9) Effect of order. | ||||||
19 | (A) Upon entry of an order to expunge records | ||||||
20 | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: | ||||||
21 | (i) the records shall be expunged (as defined | ||||||
22 | in subsection (a)(1)(E)) by the arresting agency, | ||||||
23 | the Department, and any other agency as ordered by | ||||||
24 | the court, within 60 days of the date of service of | ||||||
25 | the order, unless a motion to vacate, modify, or | ||||||
26 | reconsider the order is filed pursuant to |
| |||||||
| |||||||
1 | paragraph (12) of subsection (d) of this Section; | ||||||
2 | (ii) the records of the circuit court clerk | ||||||
3 | shall be impounded until further order of the court | ||||||
4 | upon good cause shown and the name of the | ||||||
5 | petitioner obliterated on the official index | ||||||
6 | required to be kept by the circuit court clerk | ||||||
7 | under Section 16 of the Clerks of Courts Act, but | ||||||
8 | the order shall not affect any index issued by the | ||||||
9 | circuit court clerk before the entry of the order; | ||||||
10 | and | ||||||
11 | (iii) in response to an inquiry for expunged | ||||||
12 | records, the court, the Department, or the agency | ||||||
13 | receiving such inquiry, shall reply as it does in | ||||||
14 | response to inquiries when no records ever | ||||||
15 | existed. | ||||||
16 | (B) Upon entry of an order to expunge records | ||||||
17 | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: | ||||||
18 | (i) the records shall be expunged (as defined | ||||||
19 | in subsection (a)(1)(E)) by the arresting agency | ||||||
20 | and any other agency as ordered by the court, | ||||||
21 | within 60 days of the date of service of the order, | ||||||
22 | unless a motion to vacate, modify, or reconsider | ||||||
23 | the order is filed pursuant to paragraph (12) of | ||||||
24 | subsection (d) of this Section; | ||||||
25 | (ii) the records of the circuit court clerk | ||||||
26 | shall be impounded until further order of the court |
| |||||||
| |||||||
1 | upon good cause shown and the name of the | ||||||
2 | petitioner obliterated on the official index | ||||||
3 | required to be kept by the circuit court clerk | ||||||
4 | under Section 16 of the Clerks of Courts Act, but | ||||||
5 | the order shall not affect any index issued by the | ||||||
6 | circuit court clerk before the entry of the order; | ||||||
7 | (iii) the records shall be impounded by the
| ||||||
8 | Department within 60 days of the date of service of | ||||||
9 | the order as ordered by the court, unless a motion | ||||||
10 | to vacate, modify, or reconsider the order is filed | ||||||
11 | pursuant to paragraph (12) of subsection (d) of | ||||||
12 | this Section; | ||||||
13 | (iv) records impounded by the Department may | ||||||
14 | be disseminated by the Department only as required | ||||||
15 | by law or to the arresting authority, the State's | ||||||
16 | Attorney, and the court upon a later arrest for the | ||||||
17 | same or a similar offense or for the purpose of | ||||||
18 | sentencing for any subsequent felony, and to the | ||||||
19 | Department of Corrections upon conviction for any | ||||||
20 | offense; and | ||||||
21 | (v) in response to an inquiry for such records | ||||||
22 | from anyone not authorized by law to access such | ||||||
23 | records the court, the Department, or the agency | ||||||
24 | receiving such inquiry shall reply as it does in | ||||||
25 | response to inquiries when no records ever | ||||||
26 | existed. |
| |||||||
| |||||||
1 | (C) Upon entry of an order to seal records under | ||||||
2 | subsection
(c), the arresting agency, any other agency | ||||||
3 | as ordered by the court, the Department, and the court | ||||||
4 | shall seal the records (as defined in subsection | ||||||
5 | (a)(1)(K)). In response to an inquiry for such records | ||||||
6 | from anyone not authorized by law to access such | ||||||
7 | records the court, the Department, or the agency | ||||||
8 | receiving such inquiry shall reply as it does in | ||||||
9 | response to inquiries when no records ever existed. | ||||||
10 | (10) Fees. The Department may charge the petitioner a | ||||||
11 | fee equivalent to the cost of processing any order to | ||||||
12 | expunge or seal records. Notwithstanding any provision of | ||||||
13 | the Clerks of Courts Act to the contrary, the circuit court | ||||||
14 | clerk may charge a fee equivalent to the cost associated | ||||||
15 | with the sealing or expungement of records by the circuit | ||||||
16 | court clerk. From the total filing fee collected for the | ||||||
17 | petition to seal or expunge, the circuit court clerk shall | ||||||
18 | deposit $10 into the Circuit Court Clerk Operation and | ||||||
19 | Administrative Fund, to be used to offset the costs | ||||||
20 | incurred by the circuit court clerk in performing the | ||||||
21 | additional duties required to serve the petition to seal or | ||||||
22 | expunge on all parties. The circuit court clerk shall | ||||||
23 | collect and forward the Department of State Police portion | ||||||
24 | of the fee to the Department and it shall be deposited in | ||||||
25 | the State Police Services Fund. | ||||||
26 | (11) Final Order. No court order issued under the |
| |||||||
| |||||||
1 | expungement or sealing provisions of this Section shall | ||||||
2 | become final for purposes of appeal until 30 days after | ||||||
3 | service of the order on the petitioner and all parties | ||||||
4 | entitled to notice of the petition. | ||||||
5 | (12) Motion to Vacate, Modify, or Reconsider. The | ||||||
6 | petitioner or any party entitled to notice may file a | ||||||
7 | motion to vacate, modify, or reconsider the order granting | ||||||
8 | or denying the petition to expunge or seal within 60 days | ||||||
9 | of service of the order. | ||||||
10 | (e) Whenever a person who has been convicted of an offense | ||||||
11 | is granted
a pardon by the Governor which specifically | ||||||
12 | authorizes expungement, he or she may,
upon verified petition | ||||||
13 | to the Chief Judge of the circuit where the person had
been | ||||||
14 | convicted, any judge of the circuit designated by the Chief | ||||||
15 | Judge, or in
counties of less than 3,000,000 inhabitants, the | ||||||
16 | presiding trial judge at the
defendant's trial, have a court | ||||||
17 | order entered expunging the record of
arrest from the official | ||||||
18 | records of the arresting authority and order that the
records | ||||||
19 | of the circuit court clerk and the Department be sealed until
| ||||||
20 | further order of the court upon good cause shown or as | ||||||
21 | otherwise provided
herein, and the name of the defendant | ||||||
22 | obliterated from the official index
requested to be kept by the | ||||||
23 | circuit court clerk under Section 16 of the Clerks
of Courts | ||||||
24 | Act in connection with the arrest and conviction for the | ||||||
25 | offense for
which he or she had been pardoned but the order | ||||||
26 | shall not affect any index issued by
the circuit court clerk |
| |||||||
| |||||||
1 | before the entry of the order. All records sealed by
the | ||||||
2 | Department may be disseminated by the Department only as | ||||||
3 | required by law or
to the arresting authority, the State's | ||||||
4 | Attorney, and the court upon a later
arrest for the same or | ||||||
5 | similar offense or for the purpose of sentencing for any
| ||||||
6 | subsequent felony. Upon conviction for any subsequent offense, | ||||||
7 | the Department
of Corrections shall have access to all sealed | ||||||
8 | records of the Department
pertaining to that individual. Upon | ||||||
9 | entry of the order of expungement, the
circuit court clerk | ||||||
10 | shall promptly mail a copy of the order to the
person who was | ||||||
11 | pardoned. | ||||||
12 | (f) Subject to available funding, the Illinois Department
| ||||||
13 | of Corrections shall conduct a study of the impact of sealing,
| ||||||
14 | especially on employment and recidivism rates, utilizing a
| ||||||
15 | random sample of those who apply for the sealing of their
| ||||||
16 | criminal records under Public Act 93-211. At the request of the
| ||||||
17 | Illinois Department of Corrections, records of the Illinois
| ||||||
18 | Department of Employment Security shall be utilized as
| ||||||
19 | appropriate to assist in the study. The study shall not
| ||||||
20 | disclose any data in a manner that would allow the
| ||||||
21 | identification of any particular individual or employing unit.
| ||||||
22 | The study shall be made available to the General Assembly no
| ||||||
23 | later than September 1, 2010.
| ||||||
24 | (Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10; | ||||||
25 | 96-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff. | ||||||
26 | 7-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443, |
| |||||||
| |||||||
1 | eff. 8-19-11; revised 9-6-11.)
| ||||||
2 | Section 15-15. The Illinois Municipal Code is amended by | ||||||
3 | changing Section 10-1-7 as follows:
| ||||||
4 | (65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
| ||||||
5 | Sec. 10-1-7. Examination of applicants; disqualifications.
| ||||||
6 | (a) All applicants for offices or places in the classified | ||||||
7 | service, except
those mentioned in Section 10-1-17, are subject | ||||||
8 | to examination. The
examination shall be public, competitive, | ||||||
9 | and open to all citizens of the
United States, with specified | ||||||
10 | limitations as to residence, age, health, habits
and moral | ||||||
11 | character.
| ||||||
12 | (b) Residency requirements in effect at the time an | ||||||
13 | individual enters the
fire or police service of a municipality | ||||||
14 | (other than a municipality that
has more than 1,000,000 | ||||||
15 | inhabitants) cannot be made more restrictive
for that | ||||||
16 | individual during his or her period of service for that | ||||||
17 | municipality,
or be made a condition of promotion, except for | ||||||
18 | the rank or position of Fire or
Police Chief.
| ||||||
19 | (c) No person with a record of misdemeanor convictions | ||||||
20 | except
those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, | ||||||
21 | 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, | ||||||
22 | 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, | ||||||
23 | 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and | ||||||
24 | (a)(2)(C) of Section 11-14.3, and subsections (1), (6) and
(8) |
| |||||||
| |||||||
1 | of Section 24-1 of the Criminal Code of 1961 or arrested for | ||||||
2 | any cause but
not convicted on that cause shall be disqualified | ||||||
3 | from taking the examination
on grounds of habits or moral | ||||||
4 | character, unless the person is attempting to
qualify for a | ||||||
5 | position on the police department, in which case the conviction
| ||||||
6 | or arrest may be considered as a factor in determining the | ||||||
7 | person's habits or
moral character.
| ||||||
8 | (d) Persons entitled to military preference under Section | ||||||
9 | 10-1-16
shall not be subject to limitations specifying age | ||||||
10 | unless they are
applicants for a position as a fireman or a | ||||||
11 | policeman having no previous
employment status as a fireman or | ||||||
12 | policeman in the regularly constituted
fire or police | ||||||
13 | department of the municipality, in which case they must not
| ||||||
14 | have attained their 35th birthday, except any person who has | ||||||
15 | served as an
auxiliary police officer under Section 3.1-30-20 | ||||||
16 | for at least 5 years and is
under 40 years of age.
| ||||||
17 | (e) All employees of a municipality of less than 500,000 | ||||||
18 | population (except
those who would be excluded from the | ||||||
19 | classified service as provided in this
Division 1) who are | ||||||
20 | holding that employment as of the date a municipality
adopts | ||||||
21 | this Division 1, or as of July 17, 1959, whichever date is the | ||||||
22 | later,
and who have held that employment for at least 2 years | ||||||
23 | immediately before that
later date, and all firemen and | ||||||
24 | policemen regardless of length of service who
were either | ||||||
25 | appointed to their respective positions by the board of fire | ||||||
26 | and
police commissioners under the provisions of Division 2 of |
| |||||||
| |||||||
1 | this Article or who
are serving in a position (except as a | ||||||
2 | temporary employee) in the fire or
police department in the | ||||||
3 | municipality on the date a municipality adopts
this Division 1, | ||||||
4 | or as of July 17, 1959, whichever date is the later, shall
| ||||||
5 | become members of the classified civil service of the | ||||||
6 | municipality
without examination.
| ||||||
7 | (f) The examinations shall be practical in their character, | ||||||
8 | and shall
relate to those matters that will fairly test the | ||||||
9 | relative capacity of the
persons examined to discharge the | ||||||
10 | duties of the positions to which they
seek to be appointed. The | ||||||
11 | examinations shall include tests of physical
qualifications, | ||||||
12 | health, and (when appropriate) manual skill. If an applicant
is | ||||||
13 | unable to pass the physical examination solely as the result of | ||||||
14 | an injury
received by the applicant as the result of the | ||||||
15 | performance of an act of duty
while working as a temporary | ||||||
16 | employee in the position for which he or she is
being examined, | ||||||
17 | however, the physical examination shall be waived and the
| ||||||
18 | applicant shall be considered to have passed the examination. | ||||||
19 | No questions in
any examination shall relate to political or | ||||||
20 | religious opinions or
affiliations. Results of examinations | ||||||
21 | and the eligible registers prepared from
the results shall be | ||||||
22 | published by the commission within 60 days after any
| ||||||
23 | examinations are held.
| ||||||
24 | (g) The commission shall control all examinations, and may, | ||||||
25 | whenever an
examination is to take place, designate a suitable | ||||||
26 | number of persons,
either in or not in the official service of |
| |||||||
| |||||||
1 | the municipality, to be
examiners. The examiners shall conduct | ||||||
2 | the examinations as directed by the
commission and shall make a | ||||||
3 | return or report of the examinations to the
commission. If the | ||||||
4 | appointed examiners are in the official service of the
| ||||||
5 | municipality, the examiners shall not receive extra | ||||||
6 | compensation for conducting
the examinations. The commission | ||||||
7 | may at any time substitute any other person,
whether or not in | ||||||
8 | the service of the municipality, in the place of any one
| ||||||
9 | selected as an examiner. The commission members may themselves | ||||||
10 | at any time act
as examiners without appointing examiners. The | ||||||
11 | examiners at any examination
shall not all be members of the | ||||||
12 | same political party.
| ||||||
13 | (h) In municipalities of 500,000 or more population, no | ||||||
14 | person who has
attained his or her 35th birthday shall be | ||||||
15 | eligible to take an examination for
a position as a fireman or | ||||||
16 | a policeman unless the person has had previous
employment | ||||||
17 | status as a policeman or fireman in the regularly constituted | ||||||
18 | police
or fire department of the municipality, except as | ||||||
19 | provided in this Section.
| ||||||
20 | (i) In municipalities of more than 5,000 but not more than | ||||||
21 | 200,000
inhabitants, no person who has attained his or her 35th | ||||||
22 | birthday shall be
eligible to take an examination for a | ||||||
23 | position as a fireman or a policeman
unless the person has had | ||||||
24 | previous employment status as a policeman or fireman
in the | ||||||
25 | regularly constituted police or fire department of the | ||||||
26 | municipality,
except as provided in this Section.
|
| |||||||
| |||||||
1 | (j) In all municipalities, applicants who are 20 years of | ||||||
2 | age and who have
successfully completed 2 years of law | ||||||
3 | enforcement studies at an accredited
college or university may | ||||||
4 | be considered for appointment to active duty with
the police | ||||||
5 | department. An applicant described in this subsection (j) who | ||||||
6 | is
appointed to active duty shall not have power of arrest, nor | ||||||
7 | shall the
applicant be permitted to carry firearms, until he or | ||||||
8 | she reaches 21 years of
age.
| ||||||
9 | (k) In municipalities of more than 500,000 population, | ||||||
10 | applications for
examination for and appointment to positions | ||||||
11 | as firefighters or police
shall be made available at various | ||||||
12 | branches of the public library of the
municipality.
| ||||||
13 | (l) No municipality having a population less than 1,000,000 | ||||||
14 | shall require
that any fireman appointed to the lowest rank | ||||||
15 | serve a probationary employment
period of longer than one year. | ||||||
16 | The limitation on periods of probationary
employment provided | ||||||
17 | in this amendatory Act of 1989 is an exclusive power and
| ||||||
18 | function of the State. Pursuant to subsection (h) of Section 6 | ||||||
19 | of Article VII
of the Illinois Constitution, a home rule | ||||||
20 | municipality having a population less
than 1,000,000 must | ||||||
21 | comply with this limitation on periods of probationary
| ||||||
22 | employment, which is a denial and limitation of home rule | ||||||
23 | powers.
Notwithstanding anything to the contrary in this | ||||||
24 | Section, the probationary
employment period limitation may be | ||||||
25 | extended for a firefighter who is required, as a condition of | ||||||
26 | employment, to be a certified paramedic, during which time the |
| |||||||
| |||||||
1 | sole reason that a firefighter may be discharged without a | ||||||
2 | hearing is for failing to meet the requirements for paramedic | ||||||
3 | certification.
| ||||||
4 | (m) To the extent that this Section or any other Section in | ||||||
5 | this Division conflicts with Section 10-1-7.1 or 10-1-7.2, then | ||||||
6 | Section 10-1-7.1 or 10-1-7.2 shall control. | ||||||
7 | (Source: P.A. 96-1551, eff. 7-1-11; 97-0251, eff. 8-4-11; | ||||||
8 | revised 9-15-11.)
| ||||||
9 | Section 15-20. The Metropolitan Transit Authority Act is | ||||||
10 | amended by changing Section 28b as follows:
| ||||||
11 | (70 ILCS 3605/28b) (from Ch. 111 2/3, par. 328b)
| ||||||
12 | Sec. 28b. Any person applying for a position as a driver of | ||||||
13 | a vehicle
owned by a private carrier company which provides | ||||||
14 | public transportation
pursuant to an agreement with the | ||||||
15 | Authority shall be required to
authorize an investigation by | ||||||
16 | the private carrier company to determine if
the applicant has | ||||||
17 | been convicted of any of the following offenses: (i) those
| ||||||
18 | offenses defined in Sections 9-1, 9-1.2, 10-1, 10-2, 10-3.1, | ||||||
19 | 10-4, 10-5,
10-6, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||||||
20 | 11-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, | ||||||
21 | 11-16, 11-17, 11-18, 11-19,
11-19.1, 11-19.2, 11-20, 11-20.1, | ||||||
22 | 11-20.1B, 11-20.3, 11-21, 11-22, 11-30, 12-4.3, 12-4.4, | ||||||
23 | 12-4.5,
12-6, 12-7.1, 12-11, 12-13, 12-14, 12-14.1,
12-15, | ||||||
24 | 12-16, 12-16.1, 18-1, 18-2, 20-1,
20-1.1, 31A-1, 31A-1.1, and |
| |||||||
| |||||||
1 | 33A-2, in subsection (a) and subsection (b),
clause (1), of | ||||||
2 | Section 12-4, in subdivisions (a)(1), (b)(1), and (f)(1) of | ||||||
3 | Section 12-3.05, and in subsection (a-5) of Section 12-3.1 of | ||||||
4 | the Criminal Code of 1961; (ii) those
offenses defined in the | ||||||
5 | Cannabis Control Act except those offenses defined
in | ||||||
6 | subsections (a) and (b) of Section 4, and subsection (a) of | ||||||
7 | Section 5 of
the Cannabis Control Act (iii) those offenses | ||||||
8 | defined in the Illinois
Controlled Substances Act; (iv) those | ||||||
9 | offenses defined in the Methamphetamine Control and Community | ||||||
10 | Protection Act; and (v) any offense committed or attempted in
| ||||||
11 | any other state or against the laws of the United States, which | ||||||
12 | if
committed or attempted in this State would be punishable as | ||||||
13 | one or more of
the foregoing offenses. Upon receipt of this | ||||||
14 | authorization, the private
carrier company shall submit the | ||||||
15 | applicant's name, sex, race, date of
birth, fingerprints and | ||||||
16 | social security number to the Department of State
Police on | ||||||
17 | forms prescribed by the Department. The Department of State
| ||||||
18 | Police shall conduct an investigation to ascertain if the | ||||||
19 | applicant
has been convicted of any of the above enumerated | ||||||
20 | offenses. The Department
shall charge the private carrier | ||||||
21 | company a fee for conducting the
investigation, which fee shall | ||||||
22 | be deposited in the State Police Services
Fund and shall not | ||||||
23 | exceed the cost of the inquiry; and the applicant shall not
be | ||||||
24 | charged a fee for such investigation by the private carrier | ||||||
25 | company.
The Department of State Police shall furnish, pursuant | ||||||
26 | to positive
identification, records of convictions, until |
| |||||||
| |||||||
1 | expunged, to the private
carrier company which requested the | ||||||
2 | investigation. A copy of the record of
convictions obtained | ||||||
3 | from the Department shall be provided to the applicant.
Any | ||||||
4 | record of conviction received by the private carrier company | ||||||
5 | shall be
confidential. Any person who releases any confidential | ||||||
6 | information
concerning any criminal convictions of an | ||||||
7 | applicant shall be guilty of a
Class A misdemeanor, unless | ||||||
8 | authorized by this Section.
| ||||||
9 | (Source: P.A. 96-1551, Article 1, Section 920, eff. 7-1-11; | ||||||
10 | 96-1551, Article 2, Section 960, eff. 7-1-11; revised 9-30-11.)
| ||||||
11 | Section 15-25. The Child Care Act of 1969 is amended by | ||||||
12 | changing Section 4.2 as follows:
| ||||||
13 | (225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
| ||||||
14 | Sec. 4.2. (a) No applicant may receive a license from the | ||||||
15 | Department and
no person may be employed by a licensed child | ||||||
16 | care facility who refuses to
authorize an investigation as | ||||||
17 | required by Section 4.1.
| ||||||
18 | (b) In addition to the other provisions of this Section, no | ||||||
19 | applicant
may
receive a license from the Department and no | ||||||
20 | person
may be employed by a child care facility licensed by the | ||||||
21 | Department who has
been declared a sexually dangerous person | ||||||
22 | under "An Act in relation to
sexually dangerous persons, and | ||||||
23 | providing for their commitment, detention
and supervision", | ||||||
24 | approved July 6, 1938, as amended, or convicted of
committing |
| |||||||
| |||||||
1 | or attempting to commit any of the following offenses | ||||||
2 | stipulated
under the Criminal Code of 1961:
| ||||||
3 | (1) murder;
| ||||||
4 | (1.1) solicitation of murder;
| ||||||
5 | (1.2) solicitation of murder for hire;
| ||||||
6 | (1.3) intentional homicide of an unborn child;
| ||||||
7 | (1.4) voluntary manslaughter of an unborn child;
| ||||||
8 | (1.5) involuntary manslaughter;
| ||||||
9 | (1.6) reckless homicide;
| ||||||
10 | (1.7) concealment of a homicidal death;
| ||||||
11 | (1.8) involuntary manslaughter of an unborn child;
| ||||||
12 | (1.9) reckless homicide of an unborn child;
| ||||||
13 | (1.10) drug-induced homicide;
| ||||||
14 | (2) a sex offense under Article 11, except offenses | ||||||
15 | described in
Sections 11-7, 11-8, 11-12, 11-13, 11-35, | ||||||
16 | 11-40, and 11-45;
| ||||||
17 | (3) kidnapping;
| ||||||
18 | (3.1) aggravated unlawful restraint;
| ||||||
19 | (3.2) forcible detention;
| ||||||
20 | (3.3) harboring a runaway;
| ||||||
21 | (3.4) aiding and abetting child abduction;
| ||||||
22 | (4) aggravated kidnapping;
| ||||||
23 | (5) child abduction;
| ||||||
24 | (6) aggravated battery of a child as described in | ||||||
25 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
| ||||||
26 | (7) criminal sexual assault;
|
| |||||||
| |||||||
1 | (8) aggravated criminal sexual assault;
| ||||||
2 | (8.1) predatory criminal sexual assault of a child;
| ||||||
3 | (9) criminal sexual abuse;
| ||||||
4 | (10) aggravated sexual abuse;
| ||||||
5 | (11) heinous battery as described in Section 12-4.1 or | ||||||
6 | subdivision (a)(2) of Section 12-3.05;
| ||||||
7 | (12) aggravated battery with a firearm as described in | ||||||
8 | Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||||||
9 | (e)(4) of Section 12-3.05;
| ||||||
10 | (13) tampering with food, drugs, or cosmetics;
| ||||||
11 | (14) drug induced infliction of great bodily harm as | ||||||
12 | described in Section 12-4.7 or subdivision (g)(1) of | ||||||
13 | Section 12-3.05;
| ||||||
14 | (15) hate crime;
| ||||||
15 | (16) stalking;
| ||||||
16 | (17) aggravated stalking;
| ||||||
17 | (18) threatening public officials;
| ||||||
18 | (19) home invasion;
| ||||||
19 | (20) vehicular invasion;
| ||||||
20 | (21) criminal transmission of HIV;
| ||||||
21 | (22) criminal abuse or neglect of an elderly or | ||||||
22 | disabled person as described in Section 12-21 or subsection | ||||||
23 | (b) of Section 12-4.4a;
| ||||||
24 | (23) child abandonment;
| ||||||
25 | (24) endangering the life or health of a child;
| ||||||
26 | (25) ritual mutilation;
|
| |||||||
| |||||||
1 | (26) ritualized abuse of a child;
| ||||||
2 | (27) an offense in any other jurisdiction the elements | ||||||
3 | of
which are similar and
bear a substantial relationship to | ||||||
4 | any of the foregoing offenses.
| ||||||
5 | (b-1) In addition to the other provisions of this Section, | ||||||
6 | beginning
January 1, 2004, no new applicant and, on the date of
| ||||||
7 | licensure renewal, no current licensee may operate or receive a | ||||||
8 | license from
the
Department to operate, no person may be | ||||||
9 | employed by, and no adult person may
reside in a child care | ||||||
10 | facility licensed by the Department who has been
convicted of | ||||||
11 | committing or attempting to commit any of the following | ||||||
12 | offenses
or an offense in any other jurisdiction the elements | ||||||
13 | of which are similar and
bear a substantial relationship to any | ||||||
14 | of the following offenses:
| ||||||
15 | (I) BODILY HARM
| ||||||
16 | (1) Felony aggravated assault.
| ||||||
17 | (2) Vehicular endangerment.
| ||||||
18 | (3) Felony domestic battery.
| ||||||
19 | (4) Aggravated battery.
| ||||||
20 | (5) Heinous battery.
| ||||||
21 | (6) Aggravated battery with a firearm.
| ||||||
22 | (7) Aggravated battery of an unborn child.
| ||||||
23 | (8) Aggravated battery of a senior citizen.
| ||||||
24 | (9) Intimidation.
|
| |||||||
| |||||||
1 | (10) Compelling organization membership of persons.
| ||||||
2 | (11) Abuse and criminal neglect of a long term care | ||||||
3 | facility resident.
| ||||||
4 | (12) Felony violation of an order of protection.
| ||||||
5 | (II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
| ||||||
6 | (1) Felony unlawful use of weapons.
| ||||||
7 | (2) Aggravated discharge of a firearm.
| ||||||
8 | (3) Reckless discharge of a firearm.
| ||||||
9 | (4) Unlawful use of metal piercing bullets.
| ||||||
10 | (5) Unlawful sale or delivery of firearms on the | ||||||
11 | premises of any
school.
| ||||||
12 | (6) Disarming a police officer.
| ||||||
13 | (7) Obstructing justice.
| ||||||
14 | (8) Concealing or aiding a fugitive.
| ||||||
15 | (9) Armed violence.
| ||||||
16 | (10) Felony contributing to the criminal delinquency | ||||||
17 | of a juvenile.
| ||||||
18 | (III) DRUG OFFENSES
| ||||||
19 | (1) Possession of more than 30 grams of cannabis.
| ||||||
20 | (2) Manufacture of more than 10 grams of cannabis.
| ||||||
21 | (3) Cannabis trafficking.
| ||||||
22 | (4) Delivery of cannabis on school grounds.
|
| |||||||
| |||||||
1 | (5) Unauthorized production of more than 5 cannabis | ||||||
2 | sativa plants.
| ||||||
3 | (6) Calculated criminal cannabis conspiracy.
| ||||||
4 | (7) Unauthorized manufacture or delivery of controlled | ||||||
5 | substances.
| ||||||
6 | (8) Controlled substance trafficking.
| ||||||
7 | (9) Manufacture, distribution, or advertisement of | ||||||
8 | look-alike
substances.
| ||||||
9 | (10) Calculated criminal drug conspiracy.
| ||||||
10 | (11) Street gang criminal drug conspiracy.
| ||||||
11 | (12) Permitting unlawful use of a building.
| ||||||
12 | (13) Delivery of controlled, counterfeit, or | ||||||
13 | look-alike substances to
persons under age 18, or at truck | ||||||
14 | stops, rest stops, or safety rest areas, or
on school | ||||||
15 | property.
| ||||||
16 | (14) Using, engaging, or employing persons under 18 to | ||||||
17 | deliver
controlled, counterfeit, or look-alike substances.
| ||||||
18 | (15) Delivery of controlled substances.
| ||||||
19 | (16) Sale or delivery of drug paraphernalia.
| ||||||
20 | (17) Felony possession, sale, or exchange of | ||||||
21 | instruments adapted
for use of a controlled substance, | ||||||
22 | methamphetamine, or cannabis by subcutaneous injection.
| ||||||
23 | (18) Felony possession of a controlled substance.
| ||||||
24 | (19) Any violation of the Methamphetamine Control and | ||||||
25 | Community Protection Act.
| ||||||
26 | (b-2) For child care facilities other than foster family |
| |||||||
| |||||||
1 | homes,
the Department may issue a new child care facility | ||||||
2 | license to or renew the
existing child care facility license of | ||||||
3 | an applicant, a person employed by a
child care facility, or an | ||||||
4 | applicant who has an adult residing in a home child
care | ||||||
5 | facility who was convicted of an offense described in | ||||||
6 | subsection (b-1),
provided that all of the following | ||||||
7 | requirements are met:
| ||||||
8 | (1) The relevant criminal offense occurred more than 5 | ||||||
9 | years prior to the
date of application or renewal, except | ||||||
10 | for drug offenses. The relevant drug
offense must have | ||||||
11 | occurred more than 10 years prior to the date of | ||||||
12 | application
or renewal, unless the applicant passed a drug | ||||||
13 | test, arranged and paid for by
the child care facility, no | ||||||
14 | less than 5 years after the offense.
| ||||||
15 | (2) The Department must conduct a background check and | ||||||
16 | assess all
convictions and recommendations of the child | ||||||
17 | care facility to determine if
waiver shall apply in | ||||||
18 | accordance with Department administrative rules and
| ||||||
19 | procedures.
| ||||||
20 | (3) The applicant meets all other requirements and | ||||||
21 | qualifications to be
licensed as the pertinent type of | ||||||
22 | child care facility under this Act and the
Department's | ||||||
23 | administrative rules.
| ||||||
24 | (c) In addition to the other provisions of this Section, no
| ||||||
25 | applicant may receive a license from the Department to operate | ||||||
26 | a foster family
home, and no adult person may reside in a |
| |||||||
| |||||||
1 | foster family home licensed by the
Department, who has been | ||||||
2 | convicted of committing or attempting to commit any of
the | ||||||
3 | following offenses stipulated under the Criminal Code of 1961, | ||||||
4 | the Cannabis
Control Act, the Methamphetamine Control and | ||||||
5 | Community Protection Act, and the Illinois Controlled | ||||||
6 | Substances Act:
| ||||||
7 | (I) OFFENSES DIRECTED AGAINST THE PERSON
| ||||||
8 | (A) KIDNAPPING AND RELATED OFFENSES
| ||||||
9 | (1) Unlawful restraint.
| ||||||
10 | (B) BODILY HARM
| ||||||
11 | (2) Felony aggravated assault.
| ||||||
12 | (3) Vehicular endangerment.
| ||||||
13 | (4) Felony domestic battery.
| ||||||
14 | (5) Aggravated battery.
| ||||||
15 | (6) Heinous battery.
| ||||||
16 | (7) Aggravated battery with a firearm.
| ||||||
17 | (8) Aggravated battery of an unborn child.
| ||||||
18 | (9) Aggravated battery of a senior citizen.
| ||||||
19 | (10) Intimidation.
| ||||||
20 | (11) Compelling organization membership of persons.
| ||||||
21 | (12) Abuse and criminal neglect of a long term care | ||||||
22 | facility resident.
| ||||||
23 | (13) Felony violation of an order of protection.
|
| |||||||
| |||||||
1 | (II) OFFENSES DIRECTED AGAINST PROPERTY
| ||||||
2 | (14) Felony theft.
| ||||||
3 | (15) Robbery.
| ||||||
4 | (16) Armed robbery.
| ||||||
5 | (17) Aggravated robbery.
| ||||||
6 | (18) Vehicular hijacking.
| ||||||
7 | (19) Aggravated vehicular hijacking.
| ||||||
8 | (20) Burglary.
| ||||||
9 | (21) Possession of burglary tools.
| ||||||
10 | (22) Residential burglary.
| ||||||
11 | (23) Criminal fortification of a residence or | ||||||
12 | building.
| ||||||
13 | (24) Arson.
| ||||||
14 | (25) Aggravated arson.
| ||||||
15 | (26) Possession of explosive or explosive incendiary | ||||||
16 | devices.
| ||||||
17 | (III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
| ||||||
18 | (27) Felony unlawful use of weapons.
| ||||||
19 | (28) Aggravated discharge of a firearm.
| ||||||
20 | (29) Reckless discharge of a firearm.
| ||||||
21 | (30) Unlawful use of metal piercing bullets.
| ||||||
22 | (31) Unlawful sale or delivery of firearms on the |
| |||||||
| |||||||
1 | premises of any school.
| ||||||
2 | (32) Disarming a police officer.
| ||||||
3 | (33) Obstructing justice.
| ||||||
4 | (34) Concealing or aiding a fugitive.
| ||||||
5 | (35) Armed violence.
| ||||||
6 | (36) Felony contributing to the criminal delinquency | ||||||
7 | of a juvenile.
| ||||||
8 | (IV) DRUG OFFENSES
| ||||||
9 | (37) Possession of more than 30 grams of cannabis.
| ||||||
10 | (38) Manufacture of more than 10 grams of cannabis.
| ||||||
11 | (39) Cannabis trafficking.
| ||||||
12 | (40) Delivery of cannabis on school grounds.
| ||||||
13 | (41) Unauthorized production of more than 5 cannabis | ||||||
14 | sativa plants.
| ||||||
15 | (42) Calculated criminal cannabis conspiracy.
| ||||||
16 | (43) Unauthorized manufacture or delivery of | ||||||
17 | controlled substances.
| ||||||
18 | (44) Controlled substance trafficking.
| ||||||
19 | (45) Manufacture, distribution, or advertisement of | ||||||
20 | look-alike substances.
| ||||||
21 | (46) Calculated criminal drug conspiracy.
| ||||||
22 | (46.5) Streetgang criminal drug conspiracy.
| ||||||
23 | (47) Permitting unlawful use of a building.
| ||||||
24 | (48) Delivery of controlled, counterfeit, or |
| |||||||
| |||||||
1 | look-alike substances to
persons under age 18, or at truck | ||||||
2 | stops, rest stops, or safety rest areas, or
on school | ||||||
3 | property.
| ||||||
4 | (49) Using, engaging, or employing persons under 18 to | ||||||
5 | deliver controlled,
counterfeit, or look-alike substances.
| ||||||
6 | (50) Delivery of controlled substances.
| ||||||
7 | (51) Sale or delivery of drug paraphernalia.
| ||||||
8 | (52) Felony possession, sale, or exchange of | ||||||
9 | instruments adapted for use
of a controlled substance, | ||||||
10 | methamphetamine, or cannabis by subcutaneous injection. | ||||||
11 | (53) Any violation of the Methamphetamine Control and | ||||||
12 | Community Protection Act.
| ||||||
13 | (d) Notwithstanding subsection (c), the Department may | ||||||
14 | issue a new foster
family home license or may renew an existing
| ||||||
15 | foster family home license of an applicant who was convicted of | ||||||
16 | an offense
described in subsection (c), provided all of the | ||||||
17 | following requirements are
met:
| ||||||
18 | (1) The relevant criminal offense or offenses occurred | ||||||
19 | more than 10 years
prior to the date of application or | ||||||
20 | renewal.
| ||||||
21 | (2) The applicant had previously disclosed the | ||||||
22 | conviction or convictions
to the Department for purposes of | ||||||
23 | a background check.
| ||||||
24 | (3) After the disclosure, the Department either placed | ||||||
25 | a child in the home
or the foster family home license was | ||||||
26 | issued.
|
| |||||||
| |||||||
1 | (4) During the background check, the Department had | ||||||
2 | assessed and
waived the conviction in compliance with the | ||||||
3 | existing statutes and rules in
effect at the time of the | ||||||
4 | waiver.
| ||||||
5 | (5) The applicant meets all other requirements and | ||||||
6 | qualifications to be
licensed as a foster family home under | ||||||
7 | this Act and the Department's
administrative
rules.
| ||||||
8 | (6) The applicant has a history of providing a safe, | ||||||
9 | stable home
environment and appears able to continue to | ||||||
10 | provide a safe, stable home
environment.
| ||||||
11 | (Source: P.A. 96-1551, Article 1, Section 925, eff. 7-1-11; | ||||||
12 | 96-1551, Article 2, Section 990, eff. 7-1-11; revised 9-30-11.)
| ||||||
13 | Section 15-30. The Nursing Home Administrators Licensing | ||||||
14 | and Disciplinary Act is amended by changing Section 17 as | ||||||
15 | follows:
| ||||||
16 | (225 ILCS 70/17) (from Ch. 111, par. 3667) | ||||||
17 | Sec. 17. Grounds for disciplinary action. | ||||||
18 | (a) The Department may impose fines not to exceed $10,000
| ||||||
19 | or may
refuse to issue or to renew, or may revoke, suspend, | ||||||
20 | place on probation,
censure, reprimand or take other | ||||||
21 | disciplinary or non-disciplinary action with regard to the
| ||||||
22 | license of any person, for any one or combination
of the | ||||||
23 | following causes: | ||||||
24 | (1) Intentional material misstatement in furnishing |
| |||||||
| |||||||
1 | information
to
the Department. | ||||||
2 | (2) Conviction of or entry of a plea of guilty or nolo | ||||||
3 | contendere to any crime that is a felony under the laws of | ||||||
4 | the United States
or any
state or territory thereof or
a | ||||||
5 | misdemeanor of which an
essential element is dishonesty or | ||||||
6 | that is directly
related to the practice of the profession | ||||||
7 | of nursing home administration. | ||||||
8 | (3) Making any misrepresentation for the purpose of | ||||||
9 | obtaining
a license,
or violating any provision of this | ||||||
10 | Act. | ||||||
11 | (4) Immoral conduct in the commission of any act, such | ||||||
12 | as
sexual abuse or
sexual misconduct, related to the | ||||||
13 | licensee's practice. | ||||||
14 | (5) Failing to respond within 30
days, to a
written | ||||||
15 | request made by the Department for information. | ||||||
16 | (6) Engaging in dishonorable, unethical or | ||||||
17 | unprofessional
conduct of a
character likely to deceive, | ||||||
18 | defraud or harm the public. | ||||||
19 | (7) Habitual use or addiction to alcohol, narcotics,
| ||||||
20 | stimulants, or any
other chemical agent or drug which | ||||||
21 | results in the inability to practice
with reasonable | ||||||
22 | judgment, skill or safety. | ||||||
23 | (8) Discipline by another U.S. jurisdiction if at
least | ||||||
24 | one of the grounds for the discipline is the same or | ||||||
25 | substantially
equivalent to those set forth herein. | ||||||
26 | (9) A finding by the Department that the licensee, |
| |||||||
| |||||||
1 | after having
his or her license
placed on probationary | ||||||
2 | status has violated the terms of probation. | ||||||
3 | (10) Willfully making or filing false records or | ||||||
4 | reports in
his or her
practice,
including but not limited | ||||||
5 | to false records filed with State agencies or
departments. | ||||||
6 | (11) Physical illness, mental illness, or other | ||||||
7 | impairment or disability, including, but not limited to,
| ||||||
8 | deterioration
through the aging process, or loss of motor | ||||||
9 | skill that results in
the
inability to practice the | ||||||
10 | profession with reasonable judgment, skill or safety. | ||||||
11 | (12) Disregard or violation of this Act or of any rule
| ||||||
12 | issued pursuant to this Act. | ||||||
13 | (13) Aiding or abetting another in the violation of | ||||||
14 | this Act
or any rule
or regulation issued pursuant to this | ||||||
15 | Act. | ||||||
16 | (14) Allowing one's license to be used by an unlicensed
| ||||||
17 | person. | ||||||
18 | (15) (Blank).
| ||||||
19 | (16) Professional incompetence in the practice of | ||||||
20 | nursing
home administration. | ||||||
21 | (17) Conviction of a violation of Section 12-19 or | ||||||
22 | subsection (a) of Section 12-4.4a of the
Criminal Code of
| ||||||
23 | 1961 for the abuse and criminal neglect of a long term care | ||||||
24 | facility resident. | ||||||
25 | (18) Violation of the Nursing Home Care Act, the | ||||||
26 | Specialized Mental Health Rehabilitation Act, or the ID/DD |
| |||||||
| |||||||
1 | Community Care Act or of any rule
issued under the Nursing | ||||||
2 | Home Care Act, the Specialized Mental Health | ||||||
3 | Rehabilitation Act, or the ID/DD Community Care Act. A | ||||||
4 | final adjudication of a Type "AA" violation of the Nursing | ||||||
5 | Home Care Act made by the Illinois Department of Public | ||||||
6 | Health, as identified by rule, relating to the hiring, | ||||||
7 | training, planning, organizing, directing, or supervising | ||||||
8 | the operation of a nursing home and a licensee's failure to | ||||||
9 | comply with this Act or the rules adopted under this Act, | ||||||
10 | shall create a rebuttable presumption of a violation of | ||||||
11 | this subsection. | ||||||
12 | (19) Failure to report to the Department any adverse | ||||||
13 | final action taken against the licensee by a licensing | ||||||
14 | authority of another state, territory of the United States, | ||||||
15 | or foreign country; or by any governmental or law | ||||||
16 | enforcement agency; or by any court for acts or conduct | ||||||
17 | similar to acts or conduct that would constitute grounds | ||||||
18 | for disciplinary action under this Section. | ||||||
19 | (20) Failure to report to the Department the surrender | ||||||
20 | of a license or authorization to practice as a nursing home | ||||||
21 | administrator in another state or jurisdiction for acts or | ||||||
22 | conduct similar to acts or conduct that would constitute | ||||||
23 | grounds for disciplinary action under this Section. | ||||||
24 | (21) Failure to report to the Department any adverse | ||||||
25 | judgment, settlement, or award arising from a liability | ||||||
26 | claim related to acts or conduct similar to acts or conduct |
| |||||||
| |||||||
1 | that would constitute grounds for disciplinary action | ||||||
2 | under this Section. | ||||||
3 | All proceedings to suspend, revoke, place on
probationary | ||||||
4 | status, or take any other disciplinary action
as the Department | ||||||
5 | may deem proper, with regard to a license
on any of the | ||||||
6 | foregoing grounds, must be commenced within
5
years next after | ||||||
7 | receipt by the Department of (i) a
complaint
alleging the | ||||||
8 | commission of or notice of the conviction order
for any of the | ||||||
9 | acts described herein or (ii) a referral for investigation
| ||||||
10 | under
Section 3-108 of the Nursing Home Care Act. | ||||||
11 | The entry of an order or judgment by any circuit court | ||||||
12 | establishing that
any person holding a license under this Act | ||||||
13 | is a person in need of mental
treatment operates as a | ||||||
14 | suspension of that license. That person may resume
their | ||||||
15 | practice only upon the entry of a Department order based upon a
| ||||||
16 | finding by the Board that they have been determined to
be | ||||||
17 | recovered from mental illness by the court and upon the
Board's | ||||||
18 | recommendation that they be permitted to resume their practice. | ||||||
19 | The Department, upon the recommendation of the
Board, may
| ||||||
20 | adopt rules which set forth
standards to be used in determining | ||||||
21 | what constitutes: | ||||||
22 | (i)
when a person will be deemed sufficiently
| ||||||
23 | rehabilitated to warrant the public trust; | ||||||
24 | (ii)
dishonorable, unethical or
unprofessional conduct | ||||||
25 | of a character likely to deceive,
defraud, or harm the | ||||||
26 | public; |
| |||||||
| |||||||
1 | (iii)
immoral conduct in the commission
of any act | ||||||
2 | related to the licensee's practice; and | ||||||
3 | (iv)
professional incompetence in the practice
of | ||||||
4 | nursing home administration. | ||||||
5 | However, no such rule shall be admissible into evidence
in | ||||||
6 | any civil action except for review of a licensing or
other | ||||||
7 | disciplinary action under this Act. | ||||||
8 | In enforcing this Section, the Department or Board, upon a | ||||||
9 | showing of a
possible
violation,
may compel any individual | ||||||
10 | licensed to practice under this
Act, or who has applied for | ||||||
11 | licensure
pursuant to this Act, to submit to a mental or | ||||||
12 | physical
examination, or both, as required by and at the | ||||||
13 | expense of
the Department. The examining physician or | ||||||
14 | physicians shall
be those specifically designated by the | ||||||
15 | Department or Board.
The Department or Board may order the | ||||||
16 | examining physician to present
testimony
concerning this | ||||||
17 | mental or physical examination of the licensee or applicant. No
| ||||||
18 | information shall be excluded by reason of any common law or | ||||||
19 | statutory
privilege relating to communications between the | ||||||
20 | licensee or applicant and the
examining physician.
The | ||||||
21 | individual to be examined may have, at his or her own
expense, | ||||||
22 | another physician of his or her choice present
during all | ||||||
23 | aspects of the examination. Failure of any
individual to submit | ||||||
24 | to mental or physical examination, when
directed, shall be | ||||||
25 | grounds for suspension of his or her
license until such time as | ||||||
26 | the individual submits to the
examination if the Department |
| |||||||
| |||||||
1 | finds, after notice
and hearing, that the refusal to submit to | ||||||
2 | the examination
was without reasonable cause. | ||||||
3 | If the Department or Board
finds an individual unable to | ||||||
4 | practice
because of the reasons
set forth in this Section, the | ||||||
5 | Department or Board shall
require such individual to submit to | ||||||
6 | care, counseling, or
treatment by physicians approved or | ||||||
7 | designated by the
Department or Board, as a condition, term, or | ||||||
8 | restriction for
continued,
reinstated, or renewed licensure to | ||||||
9 | practice; or in lieu of care, counseling,
or
treatment, the | ||||||
10 | Department may file, or the Board may recommend to the
| ||||||
11 | Department to
file, a complaint to
immediately suspend, revoke, | ||||||
12 | or otherwise discipline the license of the
individual.
Any | ||||||
13 | individual whose license was granted pursuant to
this Act or | ||||||
14 | continued, reinstated, renewed,
disciplined or supervised, | ||||||
15 | subject to such terms, conditions
or restrictions who shall | ||||||
16 | fail to comply with such terms,
conditions or restrictions
| ||||||
17 | shall be referred to the Secretary
for a
determination as to | ||||||
18 | whether the licensee shall have his or her
license suspended | ||||||
19 | immediately, pending a hearing by the
Department. In instances | ||||||
20 | in which the Secretary
immediately suspends a license under | ||||||
21 | this Section, a hearing
upon such person's license must be | ||||||
22 | convened by the
Board within 30
days after such suspension and
| ||||||
23 | completed without appreciable delay. The Department and Board
| ||||||
24 | shall have the authority to review the subject administrator's
| ||||||
25 | record of treatment and counseling regarding the impairment,
to | ||||||
26 | the extent permitted by applicable federal statutes and
|
| |||||||
| |||||||
1 | regulations safeguarding the confidentiality of medical | ||||||
2 | records. | ||||||
3 | An individual licensed under this Act, affected under
this | ||||||
4 | Section, shall be afforded an opportunity to
demonstrate to the | ||||||
5 | Department or Board that he or she can
resume
practice in | ||||||
6 | compliance with acceptable and prevailing
standards under the | ||||||
7 | provisions of his or her license. | ||||||
8 | (b) Any individual or
organization acting in good faith, | ||||||
9 | and not in a wilful and
wanton manner, in complying with this | ||||||
10 | Act by providing any
report or other information to the | ||||||
11 | Department, or
assisting in the investigation or preparation of | ||||||
12 | such
information, or by participating in proceedings of the
| ||||||
13 | Department, or by serving as a member of the
Board, shall not, | ||||||
14 | as a result of such actions,
be subject to criminal prosecution | ||||||
15 | or civil damages. | ||||||
16 | (c) Members of the Board, and persons
retained under | ||||||
17 | contract to assist and advise in an investigation,
shall be | ||||||
18 | indemnified by the State for any actions
occurring within the | ||||||
19 | scope of services on or for the Board, done in good
faith
and | ||||||
20 | not wilful and wanton in
nature. The Attorney General shall | ||||||
21 | defend all such actions
unless he or she determines either that | ||||||
22 | there would be a
conflict of interest in such representation or | ||||||
23 | that the
actions complained of were not in good faith or were | ||||||
24 | wilful and wanton. | ||||||
25 | Should the Attorney General decline representation,
a | ||||||
26 | person entitled to indemnification under this Section shall |
| |||||||
| |||||||
1 | have the
right to employ counsel of his or her
choice, whose | ||||||
2 | fees shall be provided by the State, after
approval by the | ||||||
3 | Attorney General, unless there is a
determination by a court | ||||||
4 | that the member's actions were not
in good faith or were wilful | ||||||
5 | and wanton. | ||||||
6 | A person entitled to indemnification under this
Section | ||||||
7 | must notify the Attorney General within 7
days of receipt of | ||||||
8 | notice of the initiation of any action
involving services of | ||||||
9 | the Board. Failure to so
notify the Attorney General shall | ||||||
10 | constitute an absolute
waiver of the right to a defense and | ||||||
11 | indemnification. | ||||||
12 | The Attorney General shall determine within 7 days
after | ||||||
13 | receiving such notice, whether he or she will undertake to | ||||||
14 | represent
a
person entitled to indemnification under this | ||||||
15 | Section. | ||||||
16 | (d) The determination by a circuit court that a licensee is | ||||||
17 | subject to
involuntary admission or judicial admission as | ||||||
18 | provided in the Mental
Health and Developmental Disabilities | ||||||
19 | Code, as amended, operates as an
automatic suspension. Such | ||||||
20 | suspension will end only upon a finding by a
court that the | ||||||
21 | patient is no longer subject to involuntary admission or
| ||||||
22 | judicial admission and issues an order so finding and | ||||||
23 | discharging the
patient; and upon the recommendation of the | ||||||
24 | Board to the Secretary
that
the licensee be allowed to resume | ||||||
25 | his or her practice. | ||||||
26 | (e) The Department may refuse to issue or may suspend the |
| |||||||
| |||||||
1 | license of
any person who fails to file a return, or to pay the | ||||||
2 | tax, penalty or
interest shown in a filed return, or to pay any | ||||||
3 | final assessment of tax,
penalty or interest, as required by | ||||||
4 | any tax Act administered by the Department of Revenue, until | ||||||
5 | such time as the requirements of any
such tax Act are | ||||||
6 | satisfied. | ||||||
7 | (f) The Department of Public Health shall transmit to the
| ||||||
8 | Department a list of those facilities which receive an "A" | ||||||
9 | violation as
defined in Section 1-129 of the Nursing Home Care | ||||||
10 | Act. | ||||||
11 | (Source: P.A. 96-339, eff. 7-1-10; 96-1372, eff. 7-29-10; | ||||||
12 | 96-1551, eff. 7-1-11; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; | ||||||
13 | revised 9-26-11.)
| ||||||
14 | Section 15-35. The Fire Sprinkler Contractor Licensing Act | ||||||
15 | is amended by changing Section 32 as follows:
| ||||||
16 | (225 ILCS 317/32) | ||||||
17 | Sec. 32. Application for building permit; identity theft. A | ||||||
18 | person who knowingly, in the course of applying for a building | ||||||
19 | permit with a unit of local government, provides the license | ||||||
20 | number of a fire sprinkler contractor whom he or she does not | ||||||
21 | intend to have perform the work on the fire sprinkler portion | ||||||
22 | of the project commits identity theft under paragraph (8) (9) | ||||||
23 | of subsection (a) of Section 16-30 of the Criminal Code of | ||||||
24 | 1961.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-1455, eff. 8-20-10; 97-333, eff. 8-12-11; | ||||||
2 | 97-597, eff. 1-1-12; revised 9-26-11.)
| ||||||
3 | Section 15-40. The Illinois Roofing Industry Licensing Act | ||||||
4 | is amended by changing Section 5 as follows:
| ||||||
5 | (225 ILCS 335/5) (from Ch. 111, par. 7505)
| ||||||
6 | (Section scheduled to be repealed on January 1, 2016)
| ||||||
7 | Sec. 5. Display of license number; advertising.
| ||||||
8 | (a) Each State licensed roofing contractor shall
affix the | ||||||
9 | roofing contractor license number and the licensee's name, as | ||||||
10 | it appears on the license, to all of his
or
her contracts and | ||||||
11 | bids. In
addition, the official issuing building permits shall | ||||||
12 | affix the
roofing contractor license number to each application | ||||||
13 | for a building permit
and on
each building permit issued and | ||||||
14 | recorded.
| ||||||
15 | (a-5) A person who knowingly, in the course of applying for | ||||||
16 | a building permit with a unit of local government, provides the | ||||||
17 | roofing license number of a roofing contractor whom he or she | ||||||
18 | does not intend to have perform the work on the roofing portion | ||||||
19 | of the project commits identity theft under paragraph (8) of | ||||||
20 | subsection (a) of Section 16-30 of the Criminal Code of 1961. | ||||||
21 | (b) (Blank).
| ||||||
22 | (c) Every holder of a license shall
display it in a
| ||||||
23 | conspicuous place in his or her principal office, place of | ||||||
24 | business, or place
of employment.
|
| |||||||
| |||||||
1 | (d) No person licensed under this Act may advertise | ||||||
2 | services regulated by
this Act unless that person includes in | ||||||
3 | the advertisement the roofing contractor license number and the | ||||||
4 | licensee's name, as it appears on the license. Nothing | ||||||
5 | contained in this subsection requires the publisher of
| ||||||
6 | advertising for roofing contractor services to investigate or | ||||||
7 | verify the
accuracy of the
license number provided by the | ||||||
8 | licensee.
| ||||||
9 | (e) A person who advertises services regulated by this Act | ||||||
10 | who knowingly (i)
fails to display the license number and the | ||||||
11 | licensee's name, as it appears on the license, in any manner | ||||||
12 | required by this Section,
(ii) fails to provide a publisher | ||||||
13 | with the correct license number as required
by subsection (d), | ||||||
14 | or (iii) provides a publisher with a false license number or
a | ||||||
15 | license number of another person, or a person who knowingly | ||||||
16 | allows his or her
license number to be displayed or used by | ||||||
17 | another person to circumvent any
provisions of this Section, is | ||||||
18 | guilty of a Class A misdemeanor with a fine of
$1,000, and, in | ||||||
19 | addition, is subject to the administrative enforcement
| ||||||
20 | provisions of this Act.
Each day that an advertisement runs or | ||||||
21 | each day that a person knowingly allows
his or her license to | ||||||
22 | be displayed or used in violation of this Section
constitutes a | ||||||
23 | separate offense.
| ||||||
24 | (Source: P.A. 96-624, eff. 1-1-10; 96-1324, eff. 7-27-10; | ||||||
25 | 97-235, eff. 1-1-12; 97-597, eff. 1-1-12; revised 9-30-11.)
|
| |||||||
| |||||||
1 | Section 15-45. The Illinois Vehicle Code is amended by | ||||||
2 | changing Section 6-206 as follows:
| ||||||
3 | (625 ILCS 5/6-206)
| ||||||
4 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
5 | license or
permit; Right to a hearing.
| ||||||
6 | (a) The Secretary of State is authorized to suspend or | ||||||
7 | revoke the
driving privileges of any person without preliminary | ||||||
8 | hearing upon a showing
of the person's records or other | ||||||
9 | sufficient evidence that
the person:
| ||||||
10 | 1. Has committed an offense for which mandatory | ||||||
11 | revocation of
a driver's license or permit is required upon | ||||||
12 | conviction;
| ||||||
13 | 2. Has been convicted of not less than 3 offenses | ||||||
14 | against traffic
regulations governing the movement of | ||||||
15 | vehicles committed within any 12
month period. No | ||||||
16 | revocation or suspension shall be entered more than
6 | ||||||
17 | months after the date of last conviction;
| ||||||
18 | 3. Has been repeatedly involved as a driver in motor | ||||||
19 | vehicle
collisions or has been repeatedly convicted of | ||||||
20 | offenses against laws and
ordinances regulating the | ||||||
21 | movement of traffic, to a degree that
indicates lack of | ||||||
22 | ability to exercise ordinary and reasonable care in
the | ||||||
23 | safe operation of a motor vehicle or disrespect for the | ||||||
24 | traffic laws
and the safety of other persons upon the | ||||||
25 | highway;
|
| |||||||
| |||||||
1 | 4. Has by the unlawful operation of a motor vehicle | ||||||
2 | caused or
contributed to an accident resulting in injury | ||||||
3 | requiring
immediate professional treatment in a medical | ||||||
4 | facility or doctor's office
to any person, except that any | ||||||
5 | suspension or revocation imposed by the
Secretary of State | ||||||
6 | under the provisions of this subsection shall start no
| ||||||
7 | later than 6 months after being convicted of violating a | ||||||
8 | law or
ordinance regulating the movement of traffic, which | ||||||
9 | violation is related
to the accident, or shall start not | ||||||
10 | more than one year
after
the date of the accident, | ||||||
11 | whichever date occurs later;
| ||||||
12 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
13 | driver's
license, identification card, or permit;
| ||||||
14 | 6. Has been lawfully convicted of an offense or | ||||||
15 | offenses in another
state, including the authorization | ||||||
16 | contained in Section 6-203.1, which
if committed within | ||||||
17 | this State would be grounds for suspension or revocation;
| ||||||
18 | 7. Has refused or failed to submit to an examination | ||||||
19 | provided for by
Section 6-207 or has failed to pass the | ||||||
20 | examination;
| ||||||
21 | 8. Is ineligible for a driver's license or permit under | ||||||
22 | the provisions
of Section 6-103;
| ||||||
23 | 9. Has made a false statement or knowingly concealed a | ||||||
24 | material fact
or has used false information or | ||||||
25 | identification in any application for a
license, | ||||||
26 | identification card, or permit;
|
| |||||||
| |||||||
1 | 10. Has possessed, displayed, or attempted to | ||||||
2 | fraudulently use any
license, identification card, or | ||||||
3 | permit not issued to the person;
| ||||||
4 | 11. Has operated a motor vehicle upon a highway of this | ||||||
5 | State when
the person's driving privilege or privilege to | ||||||
6 | obtain a driver's license
or permit was revoked or | ||||||
7 | suspended unless the operation was authorized by
a | ||||||
8 | monitoring device driving permit, judicial driving permit | ||||||
9 | issued prior to January 1, 2009, probationary license to | ||||||
10 | drive, or a restricted
driving permit issued under this | ||||||
11 | Code;
| ||||||
12 | 12. Has submitted to any portion of the application | ||||||
13 | process for
another person or has obtained the services of | ||||||
14 | another person to submit to
any portion of the application | ||||||
15 | process for the purpose of obtaining a
license, | ||||||
16 | identification card, or permit for some other person;
| ||||||
17 | 13. Has operated a motor vehicle upon a highway of this | ||||||
18 | State when
the person's driver's license or permit was | ||||||
19 | invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||||||
20 | 14. Has committed a violation of Section 6-301, | ||||||
21 | 6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | ||||||
22 | of the Illinois Identification Card
Act;
| ||||||
23 | 15. Has been convicted of violating Section 21-2 of the | ||||||
24 | Criminal Code
of 1961 relating to criminal trespass to | ||||||
25 | vehicles in which case, the suspension
shall be for one | ||||||
26 | year;
|
| |||||||
| |||||||
1 | 16. Has been convicted of violating Section 11-204 of | ||||||
2 | this Code relating
to fleeing from a peace officer;
| ||||||
3 | 17. Has refused to submit to a test, or tests, as | ||||||
4 | required under Section
11-501.1 of this Code and the person | ||||||
5 | has not sought a hearing as
provided for in Section | ||||||
6 | 11-501.1;
| ||||||
7 | 18. Has, since issuance of a driver's license or | ||||||
8 | permit, been adjudged
to be afflicted with or suffering | ||||||
9 | from any mental disability or disease;
| ||||||
10 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
11 | of Section 6-101
relating to driving without a driver's | ||||||
12 | license;
| ||||||
13 | 20. Has been convicted of violating Section 6-104 | ||||||
14 | relating to
classification of driver's license;
| ||||||
15 | 21. Has been convicted of violating Section 11-402 of
| ||||||
16 | this Code relating to leaving the scene of an accident | ||||||
17 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
18 | which case the suspension shall be
for one year;
| ||||||
19 | 22. Has used a motor vehicle in violating paragraph | ||||||
20 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
21 | the Criminal Code of 1961 relating
to unlawful use of | ||||||
22 | weapons, in which case the suspension shall be for one
| ||||||
23 | year;
| ||||||
24 | 23. Has, as a driver, been convicted of committing a | ||||||
25 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
26 | for a second or subsequent
time within one year of a |
| |||||||
| |||||||
1 | similar violation;
| ||||||
2 | 24. Has been convicted by a court-martial or punished | ||||||
3 | by non-judicial
punishment by military authorities of the | ||||||
4 | United States at a military
installation in Illinois of or | ||||||
5 | for a traffic related offense that is the
same as or | ||||||
6 | similar to an offense specified under Section 6-205 or | ||||||
7 | 6-206 of
this Code;
| ||||||
8 | 25. Has permitted any form of identification to be used | ||||||
9 | by another in
the application process in order to obtain or | ||||||
10 | attempt to obtain a license,
identification card, or | ||||||
11 | permit;
| ||||||
12 | 26. Has altered or attempted to alter a license or has | ||||||
13 | possessed an
altered license, identification card, or | ||||||
14 | permit;
| ||||||
15 | 27. Has violated Section 6-16 of the Liquor Control Act | ||||||
16 | of 1934;
| ||||||
17 | 28. Has been convicted of the illegal possession, while | ||||||
18 | operating or
in actual physical control, as a driver, of a | ||||||
19 | motor vehicle, of any
controlled substance prohibited | ||||||
20 | under the Illinois Controlled Substances
Act, any cannabis | ||||||
21 | prohibited under the Cannabis Control
Act, or any | ||||||
22 | methamphetamine prohibited under the Methamphetamine | ||||||
23 | Control and Community Protection Act, in which case the | ||||||
24 | person's driving privileges shall be suspended for
one | ||||||
25 | year, and any driver who is convicted of a second or | ||||||
26 | subsequent
offense, within 5 years of a previous |
| |||||||
| |||||||
1 | conviction, for the illegal
possession, while operating or | ||||||
2 | in actual physical control, as a driver, of
a motor | ||||||
3 | vehicle, of any controlled substance prohibited under the | ||||||
4 | Illinois Controlled Substances Act, any cannabis
| ||||||
5 | prohibited under the Cannabis Control Act, or any | ||||||
6 | methamphetamine prohibited under the Methamphetamine | ||||||
7 | Control and Community Protection Act shall be suspended for | ||||||
8 | 5 years.
Any defendant found guilty of this offense while | ||||||
9 | operating a motor vehicle,
shall have an entry made in the | ||||||
10 | court record by the presiding judge that
this offense did | ||||||
11 | occur while the defendant was operating a motor vehicle
and | ||||||
12 | order the clerk of the court to report the violation to the | ||||||
13 | Secretary
of State;
| ||||||
14 | 29. Has been convicted of the following offenses that | ||||||
15 | were committed
while the person was operating or in actual | ||||||
16 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
17 | sexual assault,
predatory criminal sexual assault of a | ||||||
18 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
19 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
20 | soliciting for a juvenile prostitute, promoting juvenile | ||||||
21 | prostitution as described in subdivision (a)(1), (a)(2), | ||||||
22 | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961, | ||||||
23 | and the manufacture, sale or
delivery of controlled | ||||||
24 | substances or instruments used for illegal drug use
or | ||||||
25 | abuse in which case the driver's driving privileges shall | ||||||
26 | be suspended
for one year;
|
| |||||||
| |||||||
1 | 30. Has been convicted a second or subsequent time for | ||||||
2 | any
combination of the offenses named in paragraph 29 of | ||||||
3 | this subsection,
in which case the person's driving | ||||||
4 | privileges shall be suspended for 5
years;
| ||||||
5 | 31. Has refused to submit to a test as
required by | ||||||
6 | Section 11-501.6 or has submitted to a test resulting in
an | ||||||
7 | alcohol concentration of 0.08 or more or any amount of a | ||||||
8 | drug, substance, or
compound resulting from the unlawful | ||||||
9 | use or consumption of cannabis as listed
in the Cannabis | ||||||
10 | Control Act, a controlled substance as listed in the | ||||||
11 | Illinois
Controlled Substances Act, an intoxicating | ||||||
12 | compound as listed in the Use of
Intoxicating Compounds | ||||||
13 | Act, or methamphetamine as listed in the Methamphetamine | ||||||
14 | Control and Community Protection Act, in which case the | ||||||
15 | penalty shall be
as prescribed in Section 6-208.1;
| ||||||
16 | 32. Has been convicted of Section 24-1.2 of the | ||||||
17 | Criminal Code of
1961 relating to the aggravated discharge | ||||||
18 | of a firearm if the offender was
located in a motor vehicle | ||||||
19 | at the time the firearm was discharged, in which
case the | ||||||
20 | suspension shall be for 3 years;
| ||||||
21 | 33. Has as a driver, who was less than 21 years of age | ||||||
22 | on the date of
the offense, been convicted a first time of | ||||||
23 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
24 | or a similar provision of a local ordinance;
| ||||||
25 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
26 | this Code;
|
| |||||||
| |||||||
1 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
2 | this Code;
| ||||||
3 | 36. Is under the age of 21 years at the time of arrest | ||||||
4 | and has been
convicted of not less than 2 offenses against | ||||||
5 | traffic regulations governing
the movement of vehicles | ||||||
6 | committed within any 24 month period. No revocation
or | ||||||
7 | suspension shall be entered more than 6 months after the | ||||||
8 | date of last
conviction;
| ||||||
9 | 37. Has committed a violation of subsection (c) of | ||||||
10 | Section 11-907 of this
Code that resulted in damage to the | ||||||
11 | property of another or the death or injury of another;
| ||||||
12 | 38. Has been convicted of a violation of Section 6-20 | ||||||
13 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
14 | a local ordinance;
| ||||||
15 | 39. Has committed a second or subsequent violation of | ||||||
16 | Section
11-1201 of this Code;
| ||||||
17 | 40. Has committed a violation of subsection (a-1) of | ||||||
18 | Section 11-908 of
this Code; | ||||||
19 | 41. Has committed a second or subsequent violation of | ||||||
20 | Section 11-605.1 of this Code, a similar provision of a | ||||||
21 | local ordinance, or a similar violation in any other state | ||||||
22 | within 2 years of the date of the previous violation, in | ||||||
23 | which case the suspension shall be for 90 days; | ||||||
24 | 42. Has committed a violation of subsection (a-1) of | ||||||
25 | Section 11-1301.3 of this Code;
| ||||||
26 | 43. Has received a disposition of court supervision for |
| |||||||
| |||||||
1 | a violation of subsection (a), (d), or (e) of Section 6-20 | ||||||
2 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
3 | a local ordinance, in which case the suspension shall be | ||||||
4 | for a period of 3 months;
| ||||||
5 | 44.
Is under the age of 21 years at the time of arrest | ||||||
6 | and has been convicted of an offense against traffic | ||||||
7 | regulations governing the movement of vehicles after | ||||||
8 | having previously had his or her driving privileges
| ||||||
9 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
10 | Section; or | ||||||
11 | 45.
Has, in connection with or during the course of a | ||||||
12 | formal hearing conducted under Section 2-118 of this Code: | ||||||
13 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
14 | falsified documents; (iii) submitted documents that have | ||||||
15 | been materially altered; or (iv) submitted, as his or her | ||||||
16 | own, documents that were in fact prepared or composed for | ||||||
17 | another person.
| ||||||
18 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
19 | and 27 of this
subsection, license means any driver's license, | ||||||
20 | any traffic ticket issued when
the person's driver's license is | ||||||
21 | deposited in lieu of bail, a suspension
notice issued by the | ||||||
22 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
23 | a probationary driver's license or a temporary driver's | ||||||
24 | license.
| ||||||
25 | (b) If any conviction forming the basis of a suspension or
| ||||||
26 | revocation authorized under this Section is appealed, the
|
| |||||||
| |||||||
1 | Secretary of State may rescind or withhold the entry of the | ||||||
2 | order of suspension
or revocation, as the case may be, provided | ||||||
3 | that a certified copy of a stay
order of a court is filed with | ||||||
4 | the Secretary of State. If the conviction is
affirmed on | ||||||
5 | appeal, the date of the conviction shall relate back to the | ||||||
6 | time
the original judgment of conviction was entered and the 6 | ||||||
7 | month limitation
prescribed shall not apply.
| ||||||
8 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
9 | permit of
any person as authorized in this Section, the | ||||||
10 | Secretary of State shall
immediately notify the person in | ||||||
11 | writing of the revocation or suspension.
The notice to be | ||||||
12 | deposited in the United States mail, postage prepaid,
to the | ||||||
13 | last known address of the person.
| ||||||
14 | 2. If the Secretary of State suspends the driver's | ||||||
15 | license
of a person under subsection 2 of paragraph (a) of | ||||||
16 | this Section, a
person's privilege to operate a vehicle as | ||||||
17 | an occupation shall not be
suspended, provided an affidavit | ||||||
18 | is properly completed, the appropriate fee
received, and a | ||||||
19 | permit issued prior to the effective date of the
| ||||||
20 | suspension, unless 5 offenses were committed, at least 2 of | ||||||
21 | which occurred
while operating a commercial vehicle in | ||||||
22 | connection with the driver's
regular occupation. All other | ||||||
23 | driving privileges shall be suspended by the
Secretary of | ||||||
24 | State. Any driver prior to operating a vehicle for
| ||||||
25 | occupational purposes only must submit the affidavit on | ||||||
26 | forms to be
provided by the Secretary of State setting |
| |||||||
| |||||||
1 | forth the facts of the person's
occupation. The affidavit | ||||||
2 | shall also state the number of offenses
committed while | ||||||
3 | operating a vehicle in connection with the driver's regular
| ||||||
4 | occupation. The affidavit shall be accompanied by the | ||||||
5 | driver's license.
Upon receipt of a properly completed | ||||||
6 | affidavit, the Secretary of State
shall issue the driver a | ||||||
7 | permit to operate a vehicle in connection with the
driver's | ||||||
8 | regular occupation only. Unless the permit is issued by the
| ||||||
9 | Secretary of State prior to the date of suspension, the | ||||||
10 | privilege to drive
any motor vehicle shall be suspended as | ||||||
11 | set forth in the notice that was
mailed under this Section. | ||||||
12 | If an affidavit is received subsequent to the
effective | ||||||
13 | date of this suspension, a permit may be issued for the | ||||||
14 | remainder
of the suspension period.
| ||||||
15 | The provisions of this subparagraph shall not apply to | ||||||
16 | any driver
required to possess a CDL for the purpose of | ||||||
17 | operating a commercial motor vehicle.
| ||||||
18 | Any person who falsely states any fact in the affidavit | ||||||
19 | required
herein shall be guilty of perjury under Section | ||||||
20 | 6-302 and upon conviction
thereof shall have all driving | ||||||
21 | privileges revoked without further rights.
| ||||||
22 | 3. At the conclusion of a hearing under Section 2-118 | ||||||
23 | of this Code,
the Secretary of State shall either rescind | ||||||
24 | or continue an order of
revocation or shall substitute an | ||||||
25 | order of suspension; or, good
cause appearing therefor, | ||||||
26 | rescind, continue, change, or extend the
order of |
| |||||||
| |||||||
1 | suspension. If the Secretary of State does not rescind the | ||||||
2 | order,
the Secretary may upon application,
to relieve undue | ||||||
3 | hardship (as defined by the rules of the Secretary of | ||||||
4 | State), issue
a restricted driving permit granting the | ||||||
5 | privilege of driving a motor
vehicle between the | ||||||
6 | petitioner's residence and petitioner's place of
| ||||||
7 | employment or within the scope of the petitioner's | ||||||
8 | employment related duties, or to
allow the petitioner to | ||||||
9 | transport himself or herself, or a family member of the
| ||||||
10 | petitioner's household to a medical facility, to receive | ||||||
11 | necessary medical care, to allow the petitioner to | ||||||
12 | transport himself or herself to and from alcohol or drug
| ||||||
13 | remedial or rehabilitative activity recommended by a | ||||||
14 | licensed service provider, or to allow the petitioner to | ||||||
15 | transport himself or herself or a family member of the | ||||||
16 | petitioner's household to classes, as a student, at an | ||||||
17 | accredited educational institution, or to allow the | ||||||
18 | petitioner to transport children, elderly persons, or | ||||||
19 | disabled persons who do not hold driving privileges and are | ||||||
20 | living in the petitioner's household to and from daycare. | ||||||
21 | The
petitioner must demonstrate that no alternative means | ||||||
22 | of
transportation is reasonably available and that the | ||||||
23 | petitioner will not endanger
the public safety or welfare. | ||||||
24 | Those multiple offenders identified in subdivision (b)4 of | ||||||
25 | Section 6-208 of this Code, however, shall not be eligible | ||||||
26 | for the issuance of a restricted driving permit.
|
| |||||||
| |||||||
1 |
(A) If a person's license or permit is revoked or | ||||||
2 | suspended due to 2
or more convictions of violating | ||||||
3 | Section 11-501 of this Code or a similar
provision of a | ||||||
4 | local ordinance or a similar out-of-state offense, or | ||||||
5 | Section 9-3 of the Criminal Code of 1961, where the use | ||||||
6 | of alcohol or other drugs is recited as an element of | ||||||
7 | the offense, or a similar out-of-state offense, or a | ||||||
8 | combination of these offenses, arising out
of separate | ||||||
9 | occurrences, that person, if issued a restricted | ||||||
10 | driving permit,
may not operate a vehicle unless it has | ||||||
11 | been equipped with an ignition
interlock device as | ||||||
12 | defined in Section 1-129.1.
| ||||||
13 | (B) If a person's license or permit is revoked or | ||||||
14 | suspended 2 or more
times within a 10 year period due | ||||||
15 | to any combination of: | ||||||
16 | (i) a single conviction of violating Section
| ||||||
17 | 11-501 of this Code or a similar provision of a | ||||||
18 | local ordinance or a similar
out-of-state offense | ||||||
19 | or Section 9-3 of the Criminal Code of 1961, where | ||||||
20 | the use of alcohol or other drugs is recited as an | ||||||
21 | element of the offense, or a similar out-of-state | ||||||
22 | offense; or | ||||||
23 | (ii) a statutory summary suspension or | ||||||
24 | revocation under Section
11-501.1; or | ||||||
25 | (iii) a suspension under Section 6-203.1; | ||||||
26 | arising out of
separate occurrences; that person, if |
| |||||||
| |||||||
1 | issued a restricted driving permit, may
not operate a | ||||||
2 | vehicle unless it has been
equipped with an ignition | ||||||
3 | interlock device as defined in Section 1-129.1. | ||||||
4 | (C)
The person issued a permit conditioned upon the | ||||||
5 | use of an ignition interlock device must pay to the | ||||||
6 | Secretary of State DUI Administration Fund an amount
| ||||||
7 | not to exceed $30 per month. The Secretary shall | ||||||
8 | establish by rule the amount
and the procedures, terms, | ||||||
9 | and conditions relating to these fees. | ||||||
10 | (D) If the
restricted driving permit is issued for | ||||||
11 | employment purposes, then the prohibition against | ||||||
12 | operating a motor vehicle that is not equipped with an | ||||||
13 | ignition interlock device does not apply to the | ||||||
14 | operation of an occupational vehicle owned or
leased by | ||||||
15 | that person's employer when used solely for employment | ||||||
16 | purposes. | ||||||
17 | (E) In each case the Secretary may issue a
| ||||||
18 | restricted driving permit for a period deemed | ||||||
19 | appropriate, except that all
permits shall expire | ||||||
20 | within one year from the date of issuance. The | ||||||
21 | Secretary
may not, however, issue a restricted driving | ||||||
22 | permit to any person whose current
revocation is the | ||||||
23 | result of a second or subsequent conviction for a | ||||||
24 | violation
of Section 11-501 of this Code or a similar | ||||||
25 | provision of a local ordinance
or any similar | ||||||
26 | out-of-state offense, or Section 9-3 of the Criminal |
| |||||||
| |||||||
1 | Code of 1961, where the use of alcohol or other drugs | ||||||
2 | is recited as an element of the offense, or any similar | ||||||
3 | out-of-state offense, or any combination
of those | ||||||
4 | offenses, until the expiration of at least one year | ||||||
5 | from the date of
the revocation. A
restricted driving | ||||||
6 | permit issued under this Section shall be subject to
| ||||||
7 | cancellation, revocation, and suspension by the | ||||||
8 | Secretary of State in like
manner and for like cause as | ||||||
9 | a driver's license issued under this Code may be
| ||||||
10 | cancelled, revoked, or suspended; except that a | ||||||
11 | conviction upon one or more
offenses against laws or | ||||||
12 | ordinances regulating the movement of traffic
shall be | ||||||
13 | deemed sufficient cause for the revocation, | ||||||
14 | suspension, or
cancellation of a restricted driving | ||||||
15 | permit. The Secretary of State may, as
a condition to | ||||||
16 | the issuance of a restricted driving permit, require | ||||||
17 | the
applicant to participate in a designated driver | ||||||
18 | remedial or rehabilitative
program. The Secretary of | ||||||
19 | State is authorized to cancel a restricted
driving | ||||||
20 | permit if the permit holder does not successfully | ||||||
21 | complete the program.
| ||||||
22 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
23 | subsection (a), reports received by the Secretary of State | ||||||
24 | under this Section shall, except during the actual time the | ||||||
25 | suspension is in effect, be privileged information and for use | ||||||
26 | only by the courts, police officers, prosecuting authorities, |
| |||||||
| |||||||
1 | the driver licensing administrator of any other state, the | ||||||
2 | Secretary of State, or the parent or legal guardian of a driver | ||||||
3 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
4 | person is a CDL holder, the suspension shall also be made | ||||||
5 | available to the driver licensing administrator of any other | ||||||
6 | state, the U.S. Department of Transportation, and the affected | ||||||
7 | driver or motor
carrier or prospective motor carrier upon | ||||||
8 | request.
| ||||||
9 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
10 | subsection (a), the Secretary of State shall notify the person | ||||||
11 | by mail that his or her driving privileges and driver's license | ||||||
12 | will be suspended one month after the date of the mailing of | ||||||
13 | the notice.
| ||||||
14 | (c-5) The Secretary of State may, as a condition of the | ||||||
15 | reissuance of a
driver's license or permit to an applicant | ||||||
16 | whose driver's license or permit has
been suspended before he | ||||||
17 | or she reached the age of 21 years pursuant to any of
the | ||||||
18 | provisions of this Section, require the applicant to | ||||||
19 | participate in a
driver remedial education course and be | ||||||
20 | retested under Section 6-109 of this
Code.
| ||||||
21 | (d) This Section is subject to the provisions of the | ||||||
22 | Drivers License
Compact.
| ||||||
23 | (e) The Secretary of State shall not issue a restricted | ||||||
24 | driving permit to
a person under the age of 16 years whose | ||||||
25 | driving privileges have been suspended
or revoked under any | ||||||
26 | provisions of this Code.
|
| |||||||
| |||||||
1 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
2 | State may not issue a restricted driving permit for the | ||||||
3 | operation of a commercial motor vehicle to a person holding a | ||||||
4 | CDL whose driving privileges have been suspended, revoked, | ||||||
5 | cancelled, or disqualified under any provisions of this Code. | ||||||
6 | (Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09; | ||||||
7 | 96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff. | ||||||
8 | 7-1-11; 96-1551, eff. 7-1-11; 97-229, eff. 7-28-11; 97-333, | ||||||
9 | eff. 8-12-11; revised 9-15-11.)
| ||||||
10 | Section 15-50. The Juvenile Court Act of 1987 is amended by | ||||||
11 | changing Sections 2-25, 3-26, 4-23, and 5-730 as follows:
| ||||||
12 | (705 ILCS 405/2-25) (from Ch. 37, par. 802-25)
| ||||||
13 | Sec. 2-25. Order of protection.
| ||||||
14 | (1) The court may make an order of
protection in assistance | ||||||
15 | of or as a condition of any other order authorized
by this Act. | ||||||
16 | The order of protection shall be based on the health, safety
| ||||||
17 | and best interests of the minor and may set forth reasonable | ||||||
18 | conditions of
behavior to be observed for a specified period. | ||||||
19 | Such an order may require a
person:
| ||||||
20 | (a) to stay away from the home or the minor;
| ||||||
21 | (b) to permit a parent to visit the minor at stated | ||||||
22 | periods;
| ||||||
23 | (c) to abstain from offensive conduct against the | ||||||
24 | minor, his parent or
any person to whom custody of the |
| |||||||
| |||||||
1 | minor is awarded;
| ||||||
2 | (d) to give proper attention to the care of the home;
| ||||||
3 | (e) to cooperate in good faith with an agency to which | ||||||
4 | custody of a
minor is entrusted by the court or with an | ||||||
5 | agency or association to which
the minor is referred by the | ||||||
6 | court;
| ||||||
7 | (f) to prohibit and prevent any contact whatsoever with | ||||||
8 | the respondent
minor by a specified individual or | ||||||
9 | individuals who are alleged in either a
criminal or | ||||||
10 | juvenile proceeding to have caused injury to a respondent
| ||||||
11 | minor or a sibling of a respondent minor;
| ||||||
12 | (g) to refrain from acts of commission or omission that | ||||||
13 | tend to make
the home not a proper place for the minor;
| ||||||
14 | (h) to refrain from contacting the minor and the foster | ||||||
15 | parents in any
manner that is not specified in writing in | ||||||
16 | the case plan.
| ||||||
17 | (2) The court shall enter an order of protection
to | ||||||
18 | prohibit and prevent any contact between a respondent minor
or | ||||||
19 | a sibling of a respondent minor and any person named in a | ||||||
20 | petition
seeking an order of protection who has been convicted | ||||||
21 | of
heinous battery or aggravated battery under subdivision | ||||||
22 | (a)(2) of Section 12-3.05,
aggravated battery of a child or | ||||||
23 | aggravated battery under subdivision (b)(1) of Section | ||||||
24 | 12-3.05, criminal sexual assault, aggravated criminal sexual | ||||||
25 | assault,
predatory criminal sexual assault of a child,
criminal | ||||||
26 | sexual abuse, or aggravated criminal
sexual abuse as described |
| |||||||
| |||||||
1 | in the Criminal Code of 1961, or has been
convicted of an | ||||||
2 | offense that resulted in the death of a child, or has
violated | ||||||
3 | a previous order of protection under this Section.
| ||||||
4 | (3) When the court issues an order of protection against | ||||||
5 | any person as
provided by this Section, the court shall direct | ||||||
6 | a copy of such order to
the Sheriff of that county. The Sheriff | ||||||
7 | shall furnish a copy of the order of
protection to the | ||||||
8 | Department of State Police within 24 hours of
receipt, in the | ||||||
9 | form and manner required by the Department. The Department
of | ||||||
10 | State Police shall maintain a complete record and index of such | ||||||
11 | orders
of protection and make this data available to all local | ||||||
12 | law enforcement
agencies.
| ||||||
13 | (4) After notice and opportunity for hearing afforded to a | ||||||
14 | person
subject to an order of protection, the order may be | ||||||
15 | modified or extended
for a further specified period or both or | ||||||
16 | may be terminated if the court
finds that the health, safety, | ||||||
17 | and best interests of the minor and the
public will be served
| ||||||
18 | thereby.
| ||||||
19 | (5) An order of protection may be sought at any time during | ||||||
20 | the course
of any proceeding conducted pursuant to this Act if | ||||||
21 | such an order is
consistent with the
health, safety, and best | ||||||
22 | interests of the minor. Any person against whom
an order of | ||||||
23 | protection is sought may retain counsel to represent him at a
| ||||||
24 | hearing, and has rights to be present at the hearing, to be | ||||||
25 | informed prior
to the hearing in writing of the contents of the | ||||||
26 | petition seeking a
protective order and of the date, place and |
| |||||||
| |||||||
1 | time of such hearing, and to
cross examine witnesses called by | ||||||
2 | the petitioner and to present witnesses
and argument in | ||||||
3 | opposition to the relief sought in the petition.
| ||||||
4 | (6) Diligent efforts shall be made by the petitioner to | ||||||
5 | serve any person
or persons against whom any order of | ||||||
6 | protection is sought with written
notice of the contents of the | ||||||
7 | petition seeking a protective order and
of the date, place and | ||||||
8 | time at which the hearing on the petition is to be
held. When a | ||||||
9 | protective order is being sought in conjunction with a
| ||||||
10 | temporary custody hearing, if the court finds that the person | ||||||
11 | against whom
the protective order is being sought has been | ||||||
12 | notified of the hearing or
that diligent efforts have been made | ||||||
13 | to notify such person, the court may
conduct a hearing. If a | ||||||
14 | protective order is sought at any time other than
in | ||||||
15 | conjunction with a temporary custody hearing, the court may
not | ||||||
16 | conduct a hearing on the petition in the absence of the person | ||||||
17 | against
whom the order is sought unless the petitioner has | ||||||
18 | notified such person by
personal service at least 3 days before | ||||||
19 | the hearing or has sent written
notice by first class mail to | ||||||
20 | such person's last known address at least 5
days before the | ||||||
21 | hearing.
| ||||||
22 | (7) A person against whom an order of protection is being | ||||||
23 | sought who is
neither a parent, guardian, legal custodian or | ||||||
24 | responsible relative as
described in Section 1-5 is not a party | ||||||
25 | or respondent as defined in that
Section and shall not be | ||||||
26 | entitled to the rights provided therein.
Such person does not |
| |||||||
| |||||||
1 | have a right to appointed counsel or to be
present at any | ||||||
2 | hearing other than the hearing in which the order of protection
| ||||||
3 | is being sought or a hearing directly pertaining to that order. | ||||||
4 | Unless the
court orders otherwise, such person does not have a | ||||||
5 | right to inspect the court
file.
| ||||||
6 | (8) All protective orders entered under this Section shall | ||||||
7 | be in
writing. Unless the person against whom the order was | ||||||
8 | obtained was present
in court when the order was issued, the | ||||||
9 | sheriff, other law enforcement
official or special process | ||||||
10 | server shall
promptly serve that order upon that person and | ||||||
11 | file proof of such service,
in the manner provided for service | ||||||
12 | of process in civil proceedings. The
person against whom the | ||||||
13 | protective order was obtained may seek a
modification of the | ||||||
14 | order by filing a written motion to modify the order
within 7 | ||||||
15 | days after actual receipt by the person of a copy of the order. | ||||||
16 | Any
modification of the order granted by the court must be | ||||||
17 | determined to be
consistent with the best interests of the | ||||||
18 | minor.
| ||||||
19 | (9) If a petition is filed charging a violation of a | ||||||
20 | condition contained in the
protective order and if the court | ||||||
21 | determines that this violation is of a critical service | ||||||
22 | necessary to the safety and welfare of the minor, the court may | ||||||
23 | proceed to findings and an order for temporary custody.
| ||||||
24 | (Source: P.A. 95-405, eff. 6-1-08; 96-1551, Article 1, Section | ||||||
25 | 955, eff. 7-1-11; 96-1551, Article 2, Section 1030, eff. | ||||||
26 | 7-1-11; revised 9-30-11.)
|
| |||||||
| |||||||
1 | (705 ILCS 405/3-26) (from Ch. 37, par. 803-26)
| ||||||
2 | Sec. 3-26. Order of protection.
| ||||||
3 | (1) The court may make an order of
protection in assistance | ||||||
4 | of or as a
condition of any other order authorized by this Act. | ||||||
5 | The order of
protection may set forth reasonable conditions of | ||||||
6 | behavior to be observed
for a specified period. Such an order | ||||||
7 | may require a person:
| ||||||
8 | (a) To stay away from the home or the minor;
| ||||||
9 | (b) To permit a parent to visit the minor at stated | ||||||
10 | periods;
| ||||||
11 | (c) To abstain from offensive conduct against the | ||||||
12 | minor, his parent or
any person to whom custody of the | ||||||
13 | minor is awarded;
| ||||||
14 | (d) To give proper attention to the care of the home;
| ||||||
15 | (e) To cooperate in good faith with an agency to which | ||||||
16 | custody of a
minor is entrusted by the court or with an | ||||||
17 | agency or association to which
the minor is referred by the | ||||||
18 | court;
| ||||||
19 | (f) To prohibit and prevent any contact whatsoever with | ||||||
20 | the respondent
minor by a specified individual or | ||||||
21 | individuals who are alleged in either a
criminal or | ||||||
22 | juvenile proceeding to have caused injury to a respondent
| ||||||
23 | minor or a sibling of a respondent minor;
| ||||||
24 | (g) To refrain from acts of commission or omission that | ||||||
25 | tend to make
the home not a proper place for the minor.
|
| |||||||
| |||||||
1 | (2) The court shall enter an order of protection
to | ||||||
2 | prohibit and prevent any contact between a respondent minor
or | ||||||
3 | a sibling of a respondent minor and any person named in a | ||||||
4 | petition
seeking an order of protection who has been convicted | ||||||
5 | of
heinous battery or aggravated battery under subdivision | ||||||
6 | (a)(2) of Section 12-3.05,
aggravated battery of a child or | ||||||
7 | aggravated battery under subdivision (b)(1) of Section | ||||||
8 | 12-3.05, criminal sexual assault, aggravated criminal sexual | ||||||
9 | assault,
predatory criminal sexual assault of a child,
criminal | ||||||
10 | sexual abuse, or aggravated criminal
sexual abuse as described | ||||||
11 | in the Criminal Code of 1961, or has been
convicted of an | ||||||
12 | offense that resulted in the death of a child, or has
violated | ||||||
13 | a previous order of protection under this Section.
| ||||||
14 | (3) When the court issues an order of protection against | ||||||
15 | any person as
provided by this Section, the court shall direct | ||||||
16 | a copy of such order to
the Sheriff of that county. The Sheriff | ||||||
17 | shall furnish a copy of the
order of protection to the | ||||||
18 | Department of State Police within 24
hours of
receipt, in the | ||||||
19 | form and manner required by the Department. The Department
of | ||||||
20 | State Police shall maintain a complete record and index of such | ||||||
21 | orders
of protection and make this data available to all local | ||||||
22 | law enforcement
agencies.
| ||||||
23 | (4) After notice and opportunity for hearing afforded to a | ||||||
24 | person
subject to an order of protection, the order may be | ||||||
25 | modified or extended
for a further specified period or both or | ||||||
26 | may be terminated if the court
finds that the best interests of |
| |||||||
| |||||||
1 | the minor and the public will be served
thereby.
| ||||||
2 | (5) An order of protection may be sought at any time during | ||||||
3 | the course
of any proceeding conducted pursuant to this Act. | ||||||
4 | Any person against whom
an order of protection is sought may | ||||||
5 | retain counsel to represent him at a
hearing, and has rights to | ||||||
6 | be present at the hearing, to be informed prior
to the hearing | ||||||
7 | in writing of the contents of the petition seeking a
protective | ||||||
8 | order and of the date, place and time of such hearing, and to
| ||||||
9 | cross examine witnesses called by the petitioner and to present | ||||||
10 | witnesses
and argument in opposition to the relief sought in | ||||||
11 | the petition.
| ||||||
12 | (6) Diligent efforts shall be made by the petitioner to | ||||||
13 | serve any person
or persons against whom any order of | ||||||
14 | protection is sought with written
notice of the contents of the | ||||||
15 | petition seeking a protective order and
of the date, place and | ||||||
16 | time at
which the hearing on the petition is to be held. When a | ||||||
17 | protective order
is being sought in conjunction with a shelter | ||||||
18 | care hearing, if
the court finds that the person against whom | ||||||
19 | the protective order is being
sought has been notified of the | ||||||
20 | hearing or that diligent efforts have been
made to notify such | ||||||
21 | person, the court may conduct a hearing. If a
protective order | ||||||
22 | is sought at any time other than in conjunction with a
shelter | ||||||
23 | care hearing, the court may not conduct a hearing on
the | ||||||
24 | petition in the absence of the person against whom the order is | ||||||
25 | sought
unless the petitioner has notified such person by | ||||||
26 | personal service at least
3 days before the hearing or has sent |
| |||||||
| |||||||
1 | written notice by first class
mail to such person's last known | ||||||
2 | address at least 5 days before the hearing.
| ||||||
3 | (7) A person against whom an order of protection is being | ||||||
4 | sought who is
neither a parent, guardian, legal custodian or | ||||||
5 | responsible relative as
described in Section 1-5 is not a party | ||||||
6 | or respondent as defined in that
Section and shall not be | ||||||
7 | entitled to the rights provided therein.
Such person does not | ||||||
8 | have a right to appointed counsel or to be
present at any | ||||||
9 | hearing other than the hearing in which the order of
protection | ||||||
10 | is being sought or a hearing directly pertaining to that order.
| ||||||
11 | Unless the court orders otherwise, such person does not have a | ||||||
12 | right to
inspect the court file.
| ||||||
13 | (8) All protective orders entered under this Section shall | ||||||
14 | be in
writing. Unless the person against whom the order was | ||||||
15 | obtained was present
in court when the order was issued,
the | ||||||
16 | sheriff, other law enforcement official or special process | ||||||
17 | server shall
promptly serve that order upon that person and | ||||||
18 | file proof of such service,
in the manner provided for service | ||||||
19 | of process in civil proceedings. The
person against whom the | ||||||
20 | protective order was obtained may seek a
modification of the | ||||||
21 | order by filing a written motion to modify the order
within 7 | ||||||
22 | days after actual receipt by the person of a copy of the order.
| ||||||
23 | (Source: P.A. 96-1551, Article 1, Section 995, eff. 7-1-11; | ||||||
24 | 96-1551, Article 2, Section 1030, eff. 7-1-11; revised | ||||||
25 | 9-30-11.)
|
| |||||||
| |||||||
1 | (705 ILCS 405/4-23) (from Ch. 37, par. 804-23)
| ||||||
2 | Sec. 4-23. Order of protection.
| ||||||
3 | (1) The court may make an order of
protection in assistance | ||||||
4 | of or as a
condition of any other order authorized by this Act. | ||||||
5 | The order of
protection may set forth reasonable conditions of | ||||||
6 | behavior to be observed
for a specified period. Such an order | ||||||
7 | may require a person:
| ||||||
8 | (a) To stay away from the home or the minor;
| ||||||
9 | (b) To permit a parent to visit the minor at stated | ||||||
10 | periods;
| ||||||
11 | (c) To abstain from offensive conduct against the | ||||||
12 | minor, his parent or
any person to whom custody of the | ||||||
13 | minor is awarded;
| ||||||
14 | (d) To give proper attention to the care of the home;
| ||||||
15 | (e) To cooperate in good faith with an agency to which | ||||||
16 | custody of a
minor is entrusted by the court or with an | ||||||
17 | agency or association to which
the minor is referred by the | ||||||
18 | court;
| ||||||
19 | (f) To prohibit and prevent any contact whatsoever with | ||||||
20 | the respondent
minor by a specified individual or | ||||||
21 | individuals who are alleged in either a
criminal or | ||||||
22 | juvenile proceeding to have caused injury to a respondent
| ||||||
23 | minor or a sibling of a respondent minor;
| ||||||
24 | (g) To refrain from acts of commission or omission that | ||||||
25 | tend to make
the home not a proper place for the minor.
| ||||||
26 | (2) The court shall enter an order of protection
to |
| |||||||
| |||||||
1 | prohibit and prevent any contact between a respondent minor
or | ||||||
2 | a sibling of a respondent minor and any person named in a | ||||||
3 | petition
seeking an order of protection who has been convicted | ||||||
4 | of
heinous battery or aggravated battery under subdivision | ||||||
5 | (a)(2) of Section 12-3.05,
aggravated battery of a child or | ||||||
6 | aggravated battery under subdivision (b)(1) of Section | ||||||
7 | 12-3.05, criminal sexual assault, aggravated criminal sexual | ||||||
8 | assault,
predatory criminal sexual assault of a child,
criminal | ||||||
9 | sexual abuse, or aggravated criminal
sexual abuse as described | ||||||
10 | in the Criminal Code of 1961, or has been
convicted of an | ||||||
11 | offense that resulted in the death of a child, or has
violated | ||||||
12 | a previous order of protection under this Section.
| ||||||
13 | (3) When the court issues an order of protection against | ||||||
14 | any person as
provided by this Section, the court shall direct | ||||||
15 | a copy of such order to
the Sheriff of that county. The Sheriff | ||||||
16 | shall furnish a copy of the
order of protection to the | ||||||
17 | Department of State Police within 24
hours of
receipt, in the | ||||||
18 | form and manner required by the Department. The Department
of | ||||||
19 | State Police shall maintain a complete record and index of such | ||||||
20 | orders
of protection and make this data available to all local | ||||||
21 | law enforcement
agencies.
| ||||||
22 | (4) After notice and opportunity for hearing afforded to a | ||||||
23 | person
subject to an order of protection, the order may be | ||||||
24 | modified or extended
for a further specified period or both or | ||||||
25 | may be terminated if the court
finds that the best interests of | ||||||
26 | the minor and the public will be served
thereby.
|
| |||||||
| |||||||
1 | (5) An order of protection may be sought at any time during | ||||||
2 | the course
of any proceeding conducted pursuant to this Act. | ||||||
3 | Any person against whom
an order of protection is sought may | ||||||
4 | retain counsel to represent him at a
hearing, and has rights to | ||||||
5 | be present at the hearing, to be informed prior
to the hearing | ||||||
6 | in writing of the contents of the petition seeking a
protective | ||||||
7 | order and of the date, place and time of such hearing, and to
| ||||||
8 | cross examine witnesses called by the petitioner and to present | ||||||
9 | witnesses
and argument in opposition to the relief sought in | ||||||
10 | the petition.
| ||||||
11 | (6) Diligent efforts shall be made by the petitioner to | ||||||
12 | serve any person
or persons against whom any order of | ||||||
13 | protection is sought with written
notice of the contents of the | ||||||
14 | petition seeking a protective order and
of the date, place and | ||||||
15 | time at
which the hearing on the petition is to be held. When a | ||||||
16 | protective order
is being sought in conjunction with a shelter | ||||||
17 | care hearing, if
the court finds that the person against whom | ||||||
18 | the protective order is being
sought has been notified of the | ||||||
19 | hearing or that diligent efforts have been
made to notify such | ||||||
20 | person, the court may conduct a hearing. If a
protective order | ||||||
21 | is sought at any time other than in conjunction with a
shelter | ||||||
22 | care hearing, the court may not conduct a hearing on
the | ||||||
23 | petition in the absence of the person against whom the order is | ||||||
24 | sought
unless the petitioner has notified such person by | ||||||
25 | personal service at least
3 days before the hearing or has sent | ||||||
26 | written notice by first class
mail to such person's last known |
| |||||||
| |||||||
1 | address at least 5 days before the hearing.
| ||||||
2 | (7) A person against whom an order of protection is being | ||||||
3 | sought who is
neither a parent, guardian, legal custodian or | ||||||
4 | responsible relative as
described in Section 1-5 is not a party | ||||||
5 | or respondent as defined in that
Section and shall not be | ||||||
6 | entitled to the rights provided therein.
Such person does not | ||||||
7 | have a right to appointed counsel or to be
present at any | ||||||
8 | hearing other than the hearing in which the order of
protection | ||||||
9 | is being sought or a hearing directly pertaining to that order.
| ||||||
10 | Unless the court orders otherwise, such person does not have a | ||||||
11 | right to
inspect the court file.
| ||||||
12 | (8) All protective orders entered under this Section shall | ||||||
13 | be in
writing. Unless the person against whom the order was | ||||||
14 | obtained was present
in court when the order was issued,
the | ||||||
15 | sheriff, other law enforcement official or special process | ||||||
16 | server shall
promptly serve that order upon that person and | ||||||
17 | file proof of such service,
in the manner provided for service | ||||||
18 | of process in civil proceedings. The
person against whom the | ||||||
19 | protective order was obtained may seek a
modification of the | ||||||
20 | order by filing a written motion to modify the order
within 7 | ||||||
21 | days after actual receipt by the person of a copy of the order.
| ||||||
22 | (Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11; | ||||||
23 | 96-1551, Article 2, Section 1030, eff. 7-1-11; revised | ||||||
24 | 9-30-11.)
| ||||||
25 | (705 ILCS 405/5-730)
|
| |||||||
| |||||||
1 | Sec. 5-730. Order of protection.
| ||||||
2 | (1) The court may make an order of protection in assistance | ||||||
3 | of or as a
condition of any other order authorized by this Act. | ||||||
4 | The order of protection
may set forth reasonable conditions of | ||||||
5 | behavior to be observed for a specified
period. The order may | ||||||
6 | require a
person:
| ||||||
7 | (a) to stay away from the home or the minor;
| ||||||
8 | (b) to permit a parent to visit the minor at stated | ||||||
9 | periods;
| ||||||
10 | (c) to abstain from offensive conduct against the | ||||||
11 | minor, his or her parent
or any
person to whom custody of | ||||||
12 | the minor is awarded;
| ||||||
13 | (d) to give proper attention to the care of the home;
| ||||||
14 | (e) to cooperate in good faith with an agency to which | ||||||
15 | custody of a minor
is entrusted by the court or with an | ||||||
16 | agency or association to which the minor
is referred by the | ||||||
17 | court;
| ||||||
18 | (f) to prohibit and prevent any contact whatsoever with | ||||||
19 | the respondent
minor by a specified individual or | ||||||
20 | individuals who are alleged in either a
criminal or | ||||||
21 | juvenile proceeding to have caused injury to a respondent | ||||||
22 | minor or
a sibling of a respondent minor;
| ||||||
23 | (g) to refrain from acts of commission or omission that | ||||||
24 | tend to make the
home not a proper place for the minor.
| ||||||
25 | (2) The court shall enter an order of protection to | ||||||
26 | prohibit and prevent
any contact between a respondent minor or |
| |||||||
| |||||||
1 | a sibling of a respondent minor and
any person named in a | ||||||
2 | petition seeking an order of protection who has been
convicted | ||||||
3 | of heinous battery or aggravated battery under subdivision | ||||||
4 | (a)(2) of Section 12-3.05, aggravated battery of a child or | ||||||
5 | aggravated battery under subdivision (b)(1) of Section | ||||||
6 | 12-3.05, criminal
sexual assault, aggravated criminal sexual | ||||||
7 | assault, predatory criminal sexual assault of a child, criminal | ||||||
8 | sexual abuse, or aggravated criminal sexual abuse as described | ||||||
9 | in the Criminal
Code of 1961, or has been convicted of an | ||||||
10 | offense that resulted in the death of
a child, or has violated | ||||||
11 | a previous order of protection under this Section.
| ||||||
12 | (3) When the court issues an order of protection against | ||||||
13 | any person as
provided by this Section, the court shall direct | ||||||
14 | a copy of such order to the
sheriff of that county. The sheriff | ||||||
15 | shall furnish a copy of the order of
protection to the | ||||||
16 | Department of State Police within 24 hours of receipt, in the
| ||||||
17 | form and manner required by the Department. The Department of | ||||||
18 | State Police
shall maintain a complete record and index of the | ||||||
19 | orders of protection and
make this data available to all local | ||||||
20 | law enforcement agencies.
| ||||||
21 | (4) After notice and opportunity for hearing afforded to a | ||||||
22 | person subject
to an order of protection, the order may be | ||||||
23 | modified or extended for a further
specified period or both or | ||||||
24 | may be terminated if the court finds that the best
interests of | ||||||
25 | the minor and the public will be served by the modification,
| ||||||
26 | extension, or termination.
|
| |||||||
| |||||||
1 | (5) An order of protection may be sought at any time during | ||||||
2 | the course of
any proceeding conducted under this Act. Any | ||||||
3 | person against whom an
order of protection is sought may retain | ||||||
4 | counsel to represent him or her at a
hearing,
and has rights to | ||||||
5 | be present at the hearing, to be informed prior to the
hearing | ||||||
6 | in writing of the contents of the petition seeking a protective | ||||||
7 | order
and of the date, place, and time of the hearing, and to | ||||||
8 | cross-examine
witnesses called by the petitioner and to present | ||||||
9 | witnesses and argument in
opposition to the relief sought in | ||||||
10 | the petition.
| ||||||
11 | (6) Diligent efforts shall be made by the petitioner to | ||||||
12 | serve any person
or persons against whom any order of | ||||||
13 | protection is sought with written notice
of the contents of the | ||||||
14 | petition seeking a protective order and of the date,
place and | ||||||
15 | time at which the hearing on the petition is to be held. When a
| ||||||
16 | protective order is being sought in conjunction with a shelter | ||||||
17 | care or
detention hearing, if the court finds that the person | ||||||
18 | against whom the
protective order is being sought has been | ||||||
19 | notified of the hearing or that
diligent efforts have been made | ||||||
20 | to notify the person, the court may conduct a
hearing. If a | ||||||
21 | protective order is sought at any
time other than in | ||||||
22 | conjunction with a shelter care or detention hearing, the
court | ||||||
23 | may not conduct a hearing on the petition in the absence of the | ||||||
24 | person
against whom the order is sought unless the petitioner | ||||||
25 | has notified the person
by personal service at least 3 days | ||||||
26 | before the hearing or has sent written
notice by first class |
| |||||||
| |||||||
1 | mail to the person's last known address at least 5 days
before | ||||||
2 | the hearing.
| ||||||
3 | (7) A person against whom an order of protection is being | ||||||
4 | sought who is
neither a parent, guardian, or legal custodian or | ||||||
5 | responsible relative as
described in Section 1-5 of this Act or | ||||||
6 | is not a party or respondent as defined
in
that
Section shall | ||||||
7 | not be entitled to the rights provided in that Section. The
| ||||||
8 | person does not have a right to appointed counsel or to be | ||||||
9 | present at
any hearing other than the hearing in which the | ||||||
10 | order of protection is being
sought or a hearing directly | ||||||
11 | pertaining to that order. Unless the court orders
otherwise, | ||||||
12 | the person does not have a right to inspect the court file.
| ||||||
13 | (8) All protective orders entered under this Section shall | ||||||
14 | be in writing.
Unless the person against whom the order was | ||||||
15 | obtained was present in court when
the order was issued, the | ||||||
16 | sheriff, other law enforcement official, or special
process | ||||||
17 | server shall promptly serve that order upon that person and | ||||||
18 | file proof
of that service, in the manner provided for service | ||||||
19 | of process in civil
proceedings. The person against whom the | ||||||
20 | protective order was obtained may
seek a modification of the | ||||||
21 | order by filing a written motion to modify the order
within 7 | ||||||
22 | days
after actual receipt by the person of a copy of the order.
| ||||||
23 | (Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11; | ||||||
24 | 96-1551, Article 2, Section 1030, eff. 7-1-11; revised | ||||||
25 | 9-30-11.)
|
| |||||||
| |||||||
1 | Section 15-55. The Criminal Code of 1961 is amended by | ||||||
2 | changing Sections 2-10.1, 11-1.10, 11-1.30, 11-1.60, 11-1.80, | ||||||
3 | 11-9.4-1, 11-14.1, 11-14.4, 11-18.1, 11-20.1, 11-20.1B, 12-2, | ||||||
4 | 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-6.2, 12-7.1, 12-7.3, | ||||||
5 | 12-7.4, 12-7.5, 16-0.1, 16-7, 16-30, 17-2, 17-3, 17-10.2, | ||||||
6 | 17-10.6, 24-3.8, 24-3.9, 36-1, and 36.5-5 as follows:
| ||||||
7 | (720 ILCS 5/2-10.1) (from Ch. 38, par. 2-10.1)
| ||||||
8 | Sec. 2-10.1.
"Severely or profoundly intellectually | ||||||
9 | disabled
person" means a person (i)
whose intelligence quotient | ||||||
10 | does not exceed 40 or (ii) whose
intelligence quotient does not | ||||||
11 | exceed 55 and who suffers
from
significant mental illness to | ||||||
12 | the extent that the person's ability to exercise
rational | ||||||
13 | judgment is impaired. In any proceeding in which the defendant | ||||||
14 | is
charged with committing a violation of Section 10-2, 10-5, | ||||||
15 | 11-1.30, 11-1.60, 11-14.4, 11-15.1, 11-19.1,
11-19.2, 11-20.1, | ||||||
16 | 11-20.1B, 11-20.3, 12-4.3, 12-14, or 12-16, or subdivision | ||||||
17 | (b)(1) of Section 12-3.05, of this Code against a victim who is
| ||||||
18 | alleged to be a severely or profoundly intellectually disabled
| ||||||
19 | person, any findings concerning the victim's status as a
| ||||||
20 | severely or profoundly intellectually disabled person, made by | ||||||
21 | a court after a
judicial admission hearing concerning the | ||||||
22 | victim under Articles V and VI of
Chapter 4 of the Mental | ||||||
23 | Health and Developmental Disabilities Code
shall be | ||||||
24 | admissible.
| ||||||
25 | (Source: P.A. 96-1551, Article 1, Section 960, eff. 7-1-11; |
| |||||||
| |||||||
1 | 96-1551, Article 2, Section 1035, eff. 7-1-11; 97-227, eff. | ||||||
2 | 1-1-12; revised 9-12-11.)
| ||||||
3 | (720 ILCS 5/11-1.10) (was 720 ILCS 5/12-18)
| ||||||
4 | Sec. 11-1.10. General provisions concerning offenses | ||||||
5 | described in Sections 11-1.20 through 11-1.60.
| ||||||
6 | (a) No person accused of violating Section 11-1.20, | ||||||
7 | 11-1.30, 11-1.40, 11-1.50, or 11-1.60
of this Code shall be | ||||||
8 | presumed to be incapable of committing an offense
prohibited by | ||||||
9 | Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this | ||||||
10 | Code
because of age, physical condition or relationship to the | ||||||
11 | victim. Nothing in this Section
shall be construed to modify or | ||||||
12 | abrogate the affirmative defense of infancy
under Section 6-1 | ||||||
13 | of this Code or the provisions of Section 5-805 of the
Juvenile | ||||||
14 | Court Act of 1987.
| ||||||
15 | (b) Any medical examination or procedure which is conducted | ||||||
16 | by a physician,
nurse, medical or hospital personnel, parent, | ||||||
17 | or caretaker for purposes
and in a manner consistent with | ||||||
18 | reasonable medical standards is not an offense
under Section | ||||||
19 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.
| ||||||
20 | (c) (Blank).
| ||||||
21 | (d) (Blank).
| ||||||
22 | (e) After a finding at a preliminary hearing that there is | ||||||
23 | probable
cause to believe that an accused has committed a | ||||||
24 | violation of Section 11-1.20, 11-1.30, or 11-1.40
of this Code, | ||||||
25 | or after an indictment is returned
charging an accused with a |
| |||||||
| |||||||
1 | violation of Section 11-1.20, 11-1.30, or 11-1.40 of
this Code,
| ||||||
2 | or after a finding that a defendant charged with a violation of | ||||||
3 | Section 11-1.20, 11-1.30, or 11-1.40
of this Code is unfit to | ||||||
4 | stand trial pursuant to
Section 104-16 of the Code of
Criminal | ||||||
5 | Procedure of 1963 where the finding is made prior to | ||||||
6 | preliminary
hearing,
at the request of the person who was the | ||||||
7 | victim of the violation of
Section 11-1.20, 11-1.30, or | ||||||
8 | 11-1.40, the prosecuting State's attorney shall seek
an order | ||||||
9 | from the court to compel the accused to be tested within 48 | ||||||
10 | hours for any sexually
transmissible disease, including a test | ||||||
11 | for infection with
human immunodeficiency virus (HIV). The | ||||||
12 | medical tests shall be
performed only
by appropriately licensed | ||||||
13 | medical practitioners. Such testing shall consist of a test | ||||||
14 | approved by the Illinois Department of Public Health to | ||||||
15 | determine the presence of HIV infection, based upon | ||||||
16 | recommendations of the United States Centers for Disease | ||||||
17 | Control and Prevention The test for infection with
human | ||||||
18 | immunodeficiency virus (HIV) shall consist of an
enzyme-linked | ||||||
19 | immunosorbent assay (ELISA) test, or such other test as may
be | ||||||
20 | approved by the Illinois Department of Public Health ; in the | ||||||
21 | event of a
positive result, a the Western Blot Assay or a more | ||||||
22 | reliable supplemental confirmatory
test based upon | ||||||
23 | recommendations of the United States Centers for Disease | ||||||
24 | Control and Prevention shall be administered. The results of | ||||||
25 | the tests and any follow-up tests shall be
kept
strictly | ||||||
26 | confidential by all medical personnel involved in the testing |
| |||||||
| |||||||
1 | and
must be personally delivered in a sealed envelope to the | ||||||
2 | victim, to the defendant, to the State's Attorney, and to the
| ||||||
3 | judge who entered the order, for the judge's inspection in | ||||||
4 | camera. The judge shall provide to the victim a referral to the | ||||||
5 | Illinois Department of Public Health HIV/AIDS toll-free | ||||||
6 | hotline for counseling and information in connection with the | ||||||
7 | test result. Acting
in accordance with the best interests of | ||||||
8 | the victim and the public, the
judge shall have the discretion | ||||||
9 | to determine to whom, if anyone, the result
of the testing may | ||||||
10 | be revealed; however, in no case shall the identity of
the | ||||||
11 | victim be disclosed. The court shall order that the cost of the | ||||||
12 | tests
shall be paid by the county, and shall be taxed as costs | ||||||
13 | against the accused
if convicted.
| ||||||
14 | (f) Whenever any law enforcement officer has reasonable | ||||||
15 | cause to believe
that a person has been delivered a controlled | ||||||
16 | substance without his or her
consent, the law enforcement | ||||||
17 | officer shall advise the victim about seeking
medical treatment | ||||||
18 | and preserving evidence.
| ||||||
19 | (g) Every hospital providing emergency hospital services | ||||||
20 | to an alleged
sexual assault survivor, when there is reasonable
| ||||||
21 | cause to believe that a person has been delivered a controlled | ||||||
22 | substance
without his or her consent, shall designate personnel | ||||||
23 | to provide:
| ||||||
24 | (1) An explanation to the victim about the nature and | ||||||
25 | effects of commonly
used controlled substances and how such | ||||||
26 | controlled substances are administered.
|
| |||||||
| |||||||
1 | (2) An offer to the victim of testing for the presence | ||||||
2 | of such controlled
substances.
| ||||||
3 | (3) A disclosure to the victim that all controlled | ||||||
4 | substances or alcohol
ingested by the victim will be | ||||||
5 | disclosed by the test.
| ||||||
6 | (4) A statement that the test is completely voluntary.
| ||||||
7 | (5) A form for written authorization for sample | ||||||
8 | analysis of all controlled
substances and alcohol ingested | ||||||
9 | by the victim.
| ||||||
10 | A physician licensed to practice medicine in all its | ||||||
11 | branches may agree to
be a designated person under this | ||||||
12 | subsection.
| ||||||
13 | No sample analysis may be performed unless the victim
| ||||||
14 | returns a signed written authorization within 30 days
after the | ||||||
15 | sample was
collected.
| ||||||
16 | Any medical treatment or care under this subsection shall | ||||||
17 | be only in
accordance with the order of a physician licensed to | ||||||
18 | practice medicine in all
of its branches. Any testing under | ||||||
19 | this subsection shall be only in accordance
with the order of a | ||||||
20 | licensed individual authorized to order the testing.
| ||||||
21 | (Source: P.A. 95-926, eff. 8-26-08; 96-1551, eff. 7-1-11; | ||||||
22 | incorporates 97-244, eff. 8-4-11; revised 9-12-11.)
| ||||||
23 | (720 ILCS 5/11-1.30) (was 720 ILCS 5/12-14)
| ||||||
24 | Sec. 11-1.30. Aggravated Criminal Sexual Assault.
| ||||||
25 | (a) A person commits aggravated criminal sexual assault if |
| |||||||
| |||||||
1 | that person commits criminal sexual assault and any of the | ||||||
2 | following aggravating circumstances exist during the | ||||||
3 | commission of the offense or, for purposes of paragraph (7), | ||||||
4 | occur as part of the same course of conduct as the commission | ||||||
5 | of the offense: | ||||||
6 | (1) the person displays, threatens to use, or uses a | ||||||
7 | dangerous weapon, other than a firearm, or any other object | ||||||
8 | fashioned or used in a manner that leads the victim, under | ||||||
9 | the circumstances, reasonably to believe that the object is | ||||||
10 | a dangerous weapon; | ||||||
11 | (2) the person causes bodily harm to the victim, except | ||||||
12 | as provided in paragraph (10); | ||||||
13 | (3) the person acts in a manner that threatens or | ||||||
14 | endangers the life of the victim or any other person; | ||||||
15 | (4) the person commits the criminal sexual assault | ||||||
16 | during the course of committing or attempting to commit any | ||||||
17 | other felony; | ||||||
18 | (5) the victim is 60 years of age or older; | ||||||
19 | (6) the victim is a physically handicapped person; | ||||||
20 | (7) the person delivers (by injection, inhalation, | ||||||
21 | ingestion, transfer of possession, or any other means) any | ||||||
22 | controlled substance to the victim without the victim's | ||||||
23 | consent or by threat or deception for other than medical | ||||||
24 | purposes; | ||||||
25 | (8) the person is armed with a firearm; | ||||||
26 | (9) the person personally discharges a firearm during |
| |||||||
| |||||||
1 | the commission of the offense; or | ||||||
2 | (10) the person personally discharges a firearm during | ||||||
3 | the commission of the offense, and that discharge | ||||||
4 | proximately causes great bodily harm, permanent | ||||||
5 | disability, permanent disfigurement, or death to another | ||||||
6 | person.
| ||||||
7 | (b) A person commits aggravated criminal sexual assault if
| ||||||
8 | that person is under 17 years of age and: (i) commits an act of
| ||||||
9 | sexual penetration with a victim who is under 9 years of age; | ||||||
10 | or (ii) commits an act of sexual penetration with a victim
who | ||||||
11 | is at least 9 years of age but under 13 years of age and the | ||||||
12 | person uses force or threat of force to commit the act.
| ||||||
13 | (c) A person commits aggravated criminal sexual assault if | ||||||
14 | that person commits an act of sexual penetration with a victim | ||||||
15 | who is a severely or
profoundly intellectually disabled | ||||||
16 | mentally retarded person.
| ||||||
17 | (d) Sentence.
| ||||||
18 | (1) Aggravated criminal sexual assault in violation of | ||||||
19 | paragraph
(2), (3), (4), (5), (6), or (7) of subsection (a) | ||||||
20 | or in violation of
subsection (b) or
(c) is a Class X | ||||||
21 | felony.
A violation of subsection (a)(1) is a Class X | ||||||
22 | felony for which 10 years shall
be added to the term of | ||||||
23 | imprisonment imposed by the court. A violation of
| ||||||
24 | subsection (a)(8) is a Class X felony for which 15 years | ||||||
25 | shall be added to the
term of imprisonment imposed by the | ||||||
26 | court. A violation of
subsection (a)(9) is a Class X felony |
| |||||||
| |||||||
1 | for which 20 years shall be added to the
term of | ||||||
2 | imprisonment imposed by the court. A violation of | ||||||
3 | subsection (a)(10) is
a Class X felony for which 25 years | ||||||
4 | or up to a term of natural life
imprisonment shall be added | ||||||
5 | to
the term of imprisonment imposed by the court.
| ||||||
6 | (2) A person who is convicted of a second or subsequent | ||||||
7 | offense of
aggravated criminal sexual assault, or who is | ||||||
8 | convicted of the offense of
aggravated
criminal sexual | ||||||
9 | assault after having previously been convicted of the | ||||||
10 | offense
of criminal sexual assault or the offense of | ||||||
11 | predatory criminal sexual assault
of a child, or who is | ||||||
12 | convicted of the offense of aggravated criminal sexual
| ||||||
13 | assault after having previously been convicted under the | ||||||
14 | laws of this or any
other state of an offense that is | ||||||
15 | substantially equivalent to the offense of
criminal sexual
| ||||||
16 | assault, the offense of aggravated criminal sexual assault | ||||||
17 | or the offense of
predatory criminal sexual assault of a | ||||||
18 | child, shall be sentenced to a term of
natural life | ||||||
19 | imprisonment.
The commission of the second or subsequent | ||||||
20 | offense is required to have been
after the initial | ||||||
21 | conviction for this paragraph (2) to apply.
| ||||||
22 | (Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff. | ||||||
23 | 1-1-12; revised 9-12-11.)
| ||||||
24 | (720 ILCS 5/11-1.60) (was 720 ILCS 5/12-16)
| ||||||
25 | Sec. 11-1.60. Aggravated Criminal Sexual Abuse.
|
| |||||||
| |||||||
1 | (a) A person commits aggravated criminal sexual abuse if | ||||||
2 | that person commits criminal sexual abuse and any of the | ||||||
3 | following aggravating circumstances exist (i) during the | ||||||
4 | commission of the offense or (ii) for purposes of paragraph | ||||||
5 | (7), as part of the same course of conduct as the commission of | ||||||
6 | the offense: | ||||||
7 | (1) the person displays, threatens to use, or uses a | ||||||
8 | dangerous weapon or any other object fashioned or used in a | ||||||
9 | manner that leads the victim, under the circumstances, | ||||||
10 | reasonably to believe that the object is a dangerous | ||||||
11 | weapon; | ||||||
12 | (2) the person causes bodily harm to the victim; | ||||||
13 | (3) the victim is 60 years of age or older; | ||||||
14 | (4) the victim is a physically handicapped person; | ||||||
15 | (5) the person acts in a manner that threatens or | ||||||
16 | endangers the life of the victim or any other person; | ||||||
17 | (6) the person commits the criminal sexual abuse during | ||||||
18 | the course of committing or attempting to commit any other | ||||||
19 | felony; or | ||||||
20 | (7) the person delivers (by injection, inhalation, | ||||||
21 | ingestion, transfer of possession, or any other means) any | ||||||
22 | controlled substance to the victim for other than medical | ||||||
23 | purposes without the victim's consent or by threat or | ||||||
24 | deception.
| ||||||
25 | (b) A person commits aggravated criminal sexual abuse if | ||||||
26 | that person
commits an act of sexual conduct with a victim who |
| |||||||
| |||||||
1 | is under 18
years of age
and the person is a family member.
| ||||||
2 | (c) A person commits aggravated criminal sexual abuse if:
| ||||||
3 | (1) that person is 17 years of age or over and: (i) | ||||||
4 | commits an act of
sexual
conduct with a victim who is under | ||||||
5 | 13 years of age; or
(ii) commits an act of sexual conduct | ||||||
6 | with a victim who is at least 13
years of age but under 17 | ||||||
7 | years of age and the
person uses force or threat of force | ||||||
8 | to commit the act; or
| ||||||
9 | (2) that person is under 17 years of age and: (i) | ||||||
10 | commits an act of
sexual conduct with a victim who is under | ||||||
11 | 9 years of age; or (ii) commits an act of sexual conduct | ||||||
12 | with a victim who is
at least 9 years of age but under 17 | ||||||
13 | years of age and the person uses force or threat of force | ||||||
14 | to commit the act.
| ||||||
15 | (d) A person commits aggravated criminal sexual abuse if | ||||||
16 | that person
commits an act of sexual penetration or sexual | ||||||
17 | conduct with a victim
who is at least 13
years of age but under | ||||||
18 | 17 years of age and the person is at least 5 years
older than | ||||||
19 | the victim.
| ||||||
20 | (e) A person commits aggravated criminal sexual abuse if | ||||||
21 | that person
commits an act of sexual conduct with a victim who | ||||||
22 | is a
severely or profoundly intellectually disabled mentally | ||||||
23 | retarded person.
| ||||||
24 | (f) A person commits aggravated criminal sexual abuse if
| ||||||
25 | that person commits an act of sexual conduct with a victim who | ||||||
26 | is at least
13 years of age but under 18 years of age and
the |
| |||||||
| |||||||
1 | person is 17 years of age or over and holds a position of | ||||||
2 | trust,
authority, or supervision in relation to the victim.
| ||||||
3 | (g) Sentence. Aggravated criminal sexual abuse is a Class 2 | ||||||
4 | felony.
| ||||||
5 | (Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff. | ||||||
6 | 1-1-12; revised 9-12-11.)
| ||||||
7 | (720 ILCS 5/11-1.80) (was 720 ILCS 5/12-18.1)
| ||||||
8 | Sec. 11-1.80. Civil Liability. | ||||||
9 | (a) If any person has been convicted of
any offense defined | ||||||
10 | in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, | ||||||
11 | 12-14, 12-14.1, 12-15, or 12-16 of this Act,
a victim of such | ||||||
12 | offense has a cause of action for damages against any
person or | ||||||
13 | entity who, by the manufacture, production, or wholesale
| ||||||
14 | distribution of any obscene material which was possessed or | ||||||
15 | viewed by the
person convicted of the offense, proximately | ||||||
16 | caused such person, through his
or her reading or viewing of | ||||||
17 | the obscene material, to commit the violation
of Section | ||||||
18 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, | ||||||
19 | 12-14.1, 12-15, or 12-16. No victim may recover in any
such | ||||||
20 | action unless he or she proves by a preponderance of the | ||||||
21 | evidence
that: (1) the reading or viewing of the specific | ||||||
22 | obscene material
manufactured, produced, or distributed | ||||||
23 | wholesale by the defendant
proximately caused the person | ||||||
24 | convicted of the violation of Section 11-1.20, 11-1.30, | ||||||
25 | 11-1.40, 11-1.50, 11-1.60, 12-13,
12-14, 12-14.1, 12-15, or |
| |||||||
| |||||||
1 | 12-16 to commit such violation and (2) the defendant knew
or | ||||||
2 | had reason to know that the manufacture, production, or | ||||||
3 | wholesale
distribution of such material was likely to cause a | ||||||
4 | violation of an offense substantially
of the type enumerated.
| ||||||
5 | (b) The manufacturer, producer or wholesale distributor | ||||||
6 | shall be liable
to the victim for:
| ||||||
7 | (1) actual damages incurred by the victim, including | ||||||
8 | medical costs;
| ||||||
9 | (2) court costs and reasonable attorneys fees;
| ||||||
10 | (3) infliction of emotional distress;
| ||||||
11 | (4) pain and suffering; and
| ||||||
12 | (5) loss of consortium.
| ||||||
13 | (c) Every action under this Section shall be commenced | ||||||
14 | within 3 years
after the conviction of the defendant for a | ||||||
15 | violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||||||
16 | 11-1.60, 12-13,
12-14, 12-15 or 12-16 of this Code. However, if | ||||||
17 | the victim was under the
age of 18 years at the time of the | ||||||
18 | conviction of the defendant for a
violation of Section 11-1.20, | ||||||
19 | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, | ||||||
20 | 12-15 or 12-16 of this Code, an action
under this Section shall | ||||||
21 | be commenced within 3 years after the victim
attains the age of | ||||||
22 | 18 years.
| ||||||
23 | (d) For the purposes of this Section:
| ||||||
24 | (1) "obscene" has the meaning ascribed to it in subsection | ||||||
25 | (b) of
Section 11-20 of this Code;
| ||||||
26 | (2) "wholesale distributor" means any individual, |
| |||||||
| |||||||
1 | partnership,
corporation, association, or other legal entity | ||||||
2 | which stands between the
manufacturer and the retail seller in | ||||||
3 | purchases, consignments, contracts
for sale or rental of the | ||||||
4 | obscene material;
| ||||||
5 | (3) "producer" means any individual, partnership, | ||||||
6 | corporation,
association, or other legal entity which finances | ||||||
7 | or supervises, to any
extent, the production or making of | ||||||
8 | obscene material;
| ||||||
9 | (4) "manufacturer" means any individual, partnership, | ||||||
10 | corporation,
association, or other legal entity which | ||||||
11 | manufacturers, assembles or
produces obscene material.
| ||||||
12 | (Source: P.A. 96-1551, Article 2, Section 5, eff. 7-1-11; | ||||||
13 | 96-1551, Article 2, Section 1035, eff. 7-1-11; revised 5-3-11.)
| ||||||
14 | (720 ILCS 5/11-9.4-1) | ||||||
15 | Sec. 11-9.4-1. Sexual predator and child sex offender; | ||||||
16 | presence or loitering in or near public parks prohibited. | ||||||
17 | (a) For the purposes of this Section: | ||||||
18 | "Child sex offender" has the meaning ascribed to it in | ||||||
19 | subsection (d) of Section 11-9.3 11-9.4 of this Code, but | ||||||
20 | does not include as a sex offense under paragraph (2) of | ||||||
21 | subsection (d) of Section 11-9.3 11-9.4 , the offenses under | ||||||
22 | subsections (b) and (c) of Section 11-1.50 or subsections | ||||||
23 | (b) and (c) of Section 12-15 of this Code. | ||||||
24 | "Public park" includes a park, forest preserve, or
| ||||||
25 | conservation
area
under the jurisdiction of the State or a |
| |||||||
| |||||||
1 | unit of local government. | ||||||
2 | "Loiter" means: | ||||||
3 | (i) Standing, sitting idly, whether or not the | ||||||
4 | person is in a vehicle or
remaining in or around public | ||||||
5 | park property. | ||||||
6 | (ii) Standing, sitting idly, whether or not the | ||||||
7 | person is in a vehicle
or remaining in or around public | ||||||
8 | park property, for the purpose of committing
or
| ||||||
9 | attempting to commit a sex offense. | ||||||
10 | "Sexual predator" has the meaning ascribed to it in | ||||||
11 | subsection (E) of Section 2 of the Sex Offender | ||||||
12 | Registration Act. | ||||||
13 | (b) It is unlawful for a sexual predator or a child sex | ||||||
14 | offender to knowingly be present in any
public park building or | ||||||
15 | on real property comprising any public park. | ||||||
16 | (c) It is unlawful for a sexual predator or a child sex | ||||||
17 | offender to knowingly loiter on a public
way within 500 feet of | ||||||
18 | a public park building or real property comprising any
public | ||||||
19 | park.
For the purposes of this subsection (c), the 500 feet | ||||||
20 | distance shall be measured from the edge of the property | ||||||
21 | comprising the public park building or the real property | ||||||
22 | comprising the public park. | ||||||
23 | (d) Sentence. A person who violates this Section is guilty | ||||||
24 | of a Class A misdemeanor, except that a second or subsequent | ||||||
25 | violation is a Class 4
felony.
| ||||||
26 | (Source: P.A. 96-1099, eff. 1-1-11; revised 10-12-11.)
|
| |||||||
| |||||||
1 | (720 ILCS 5/11-14.1) | ||||||
2 | Sec. 11-14.1. Solicitation of a sexual act. | ||||||
3 | (a) Any person who offers a person not his or her spouse | ||||||
4 | any money,
property, token, object, or article or anything of | ||||||
5 | value for that person or any other person not his or her spouse | ||||||
6 | to
perform any act of sexual penetration as defined in Section | ||||||
7 | 11-0.1 of this Code,
or any touching or fondling of the sex | ||||||
8 | organs of one person by another person
for the purpose of | ||||||
9 | sexual arousal or gratification, commits solicitation of a | ||||||
10 | sexual act. | ||||||
11 | (b) Sentence. Solicitation of a sexual act is a Class A | ||||||
12 | misdemeanor. Solicitation of a sexual act from a person who is | ||||||
13 | under the age of 18 or who is severely or profoundly | ||||||
14 | intellectually disabled is a Class 4 felony. | ||||||
15 | (b-5) It is an affirmative defense to a charge of | ||||||
16 | solicitation of a sexual act with a person who is under the age | ||||||
17 | of 18 or who is severely or profoundly intellectually disabled | ||||||
18 | that the accused reasonably believed the person was of the age | ||||||
19 | of 18 years or over or was not a severely or profoundly | ||||||
20 | intellectually disabled person at the time of the act giving | ||||||
21 | rise to the charge. | ||||||
22 | (Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11; | ||||||
23 | 97-227, eff. 1-1-12; revised 9-12-11.)
| ||||||
24 | (720 ILCS 5/11-14.4) |
| |||||||
| |||||||
1 | Sec. 11-14.4. Promoting juvenile prostitution. | ||||||
2 | (a) Any person who knowingly performs any of the following | ||||||
3 | acts commits promoting juvenile prostitution: | ||||||
4 | (1) advances prostitution as defined in Section | ||||||
5 | 11-0.1, where the minor engaged in prostitution, or any | ||||||
6 | person engaged in prostitution in the place, is under 18 | ||||||
7 | years of age or is severely or profoundly intellectually | ||||||
8 | disabled mentally retarded at the time of the offense; | ||||||
9 | (2) profits from prostitution by any means where the | ||||||
10 | prostituted person is under 18 years of age or is severely | ||||||
11 | or profoundly intellectually disabled mentally retarded at | ||||||
12 | the time of the offense; | ||||||
13 | (3) profits from prostitution by any means where the | ||||||
14 | prostituted person is under 13 years of age at the time of | ||||||
15 | the offense; | ||||||
16 | (4) confines a child under the age of 18 or a severely | ||||||
17 | or profoundly intellectually disabled mentally retarded | ||||||
18 | person against his or her will by the infliction or threat | ||||||
19 | of imminent infliction of great bodily harm or permanent | ||||||
20 | disability or disfigurement or by administering to the | ||||||
21 | child or severely or profoundly intellectually disabled | ||||||
22 | mentally retarded person, without his or her consent or by | ||||||
23 | threat or deception and for other than medical purposes, | ||||||
24 | any alcoholic intoxicant or a drug as defined in the | ||||||
25 | Illinois Controlled Substances Act or the Cannabis Control | ||||||
26 | Act or methamphetamine as defined in the Methamphetamine |
| |||||||
| |||||||
1 | Control and Community Protection Act and: | ||||||
2 | (A) compels the child or severely or profoundly | ||||||
3 | intellectually disabled mentally retarded person to | ||||||
4 | engage in prostitution; | ||||||
5 | (B) arranges a situation in which the child or | ||||||
6 | severely or profoundly intellectually disabled | ||||||
7 | mentally retarded person may practice prostitution; or | ||||||
8 | (C) profits from prostitution by the child or | ||||||
9 | severely or profoundly intellectually disabled | ||||||
10 | mentally retarded person. | ||||||
11 | (b) For purposes of this Section, administering drugs, as | ||||||
12 | defined in subdivision (a)(4), or an alcoholic intoxicant to a | ||||||
13 | child under the age of 13 or a severely or profoundly | ||||||
14 | intellectually disabled mentally retarded person shall be | ||||||
15 | deemed to be without consent if the administering is done | ||||||
16 | without the consent of the parents or legal guardian or if the | ||||||
17 | administering is performed by the parents or legal guardian for | ||||||
18 | other than medical purposes. | ||||||
19 | (c) If the accused did not have a reasonable opportunity to | ||||||
20 | observe the prostituted person, it is an affirmative defense to | ||||||
21 | a charge of promoting juvenile prostitution, except for a | ||||||
22 | charge under subdivision (a)(4), that the accused reasonably | ||||||
23 | believed the person was of the age of 18 years or over or was | ||||||
24 | not a severely or profoundly intellectually disabled mentally | ||||||
25 | retarded person at the time of the act giving rise to the | ||||||
26 | charge. |
| |||||||
| |||||||
1 | (d) Sentence. A violation of subdivision (a)(1) is a Class | ||||||
2 | 1 felony, unless committed within 1,000 feet of real property | ||||||
3 | comprising a school, in which case it is a Class X felony. A | ||||||
4 | violation of subdivision (a)(2) is a Class 1 felony. A | ||||||
5 | violation of subdivision (a)(3) is a Class X felony. A | ||||||
6 | violation of subdivision (a)(4) is a Class X felony, for which | ||||||
7 | the person shall be sentenced to a term of imprisonment of not | ||||||
8 | less than 6 years and not more than 60 years. A second or | ||||||
9 | subsequent violation of subdivision (a)(1), (a)(2), or (a)(3), | ||||||
10 | or any combination of convictions under subdivision (a)(1), | ||||||
11 | (a)(2), or (a)(3) and Sections 11-14 (prostitution), 11-14.1 | ||||||
12 | (solicitation of a sexual act), 11-14.3 (promoting | ||||||
13 | prostitution), 11-15 (soliciting for a prostitute), 11-15.1 | ||||||
14 | (soliciting for a juvenile prostitute), 11-16 (pandering), | ||||||
15 | 11-17 (keeping a place of prostitution), 11-17.1 (keeping a | ||||||
16 | place of juvenile prostitution), 11-18 (patronizing a | ||||||
17 | prostitute), 11-18.1 (patronizing a juvenile prostitute), | ||||||
18 | 11-19 (pimping), 11-19.1 (juvenile pimping or aggravated | ||||||
19 | juvenile pimping), or 11-19.2 (exploitation of a child) of this | ||||||
20 | Code, is a Class X felony. | ||||||
21 | (e) Forfeiture. Any person convicted of a violation of this | ||||||
22 | Section that involves promoting juvenile prostitution by | ||||||
23 | keeping a place of juvenile prostitution or convicted of a | ||||||
24 | violation of subdivision (a)(4) is subject to the property | ||||||
25 | forfeiture provisions set forth in Article 124B of the Code of | ||||||
26 | Criminal Procedure of 1963. |
| |||||||
| |||||||
1 | (f) For the purposes of this Section, "prostituted person"
| ||||||
2 | means any person who engages in, or agrees or offers to engage
| ||||||
3 | in, any act of sexual penetration as defined in Section 11-0.1 | ||||||
4 | of this Code for any money, property, token, object, or article
| ||||||
5 | or anything of value, or any touching or fondling of the sex
| ||||||
6 | organs of one person by another person, for any money,
| ||||||
7 | property, token, object, or article or anything of value, for
| ||||||
8 | the purpose of sexual arousal or gratification.
| ||||||
9 | (Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff. | ||||||
10 | 1-1-12; revised 9-12-11.)
| ||||||
11 | (720 ILCS 5/11-18.1) (from Ch. 38, par. 11-18.1) | ||||||
12 | Sec. 11-18.1. Patronizing a minor engaged in prostitution. | ||||||
13 | (a) Any person who
engages in an act of sexual penetration | ||||||
14 | as defined in Section 11-0.1 of this
Code with a person engaged | ||||||
15 | in prostitution who is under 18 years of age or is a severely | ||||||
16 | or profoundly intellectually disabled person commits
| ||||||
17 | patronizing a minor engaged in prostitution. | ||||||
18 | (a-5) Any person who engages in any touching or fondling, | ||||||
19 | with a person engaged in prostitution who either is under 18 | ||||||
20 | years of age or is a severely or profoundly intellectually | ||||||
21 | disabled mentally retarded person, of the sex organs of one | ||||||
22 | person by the other person, with the intent to achieve sexual | ||||||
23 | arousal or gratification, commits patronizing a minor engaged | ||||||
24 | in prostitution. | ||||||
25 | (b) It is an affirmative defense to the charge of |
| |||||||
| |||||||
1 | patronizing a minor engaged in prostitution
that the accused | ||||||
2 | reasonably believed that the person
was of the age of 18 years | ||||||
3 | or over or was not a severely or profoundly intellectually | ||||||
4 | disabled person at the time of the act giving rise to
the | ||||||
5 | charge. | ||||||
6 | (c) Sentence.
A person who commits patronizing a juvenile | ||||||
7 | prostitute is guilty of a Class 3 felony, unless committed | ||||||
8 | within 1,000 feet of real property comprising a school, in | ||||||
9 | which case it is a Class 2 felony. A person convicted of a | ||||||
10 | second or subsequent violation of this Section, or of any | ||||||
11 | combination of such number of convictions under this Section | ||||||
12 | and Sections 11-14 (prostitution), 11-14.1 (solicitation of a | ||||||
13 | sexual act), 11-14.3 (promoting prostitution), 11-14.4 | ||||||
14 | (promoting juvenile prostitution), 11-15 (soliciting for a | ||||||
15 | prostitute), 11-15.1 (soliciting for a juvenile prostitute), | ||||||
16 | 11-16 (pandering), 11-17 (keeping a place of prostitution), | ||||||
17 | 11-17.1 (keeping a place of juvenile prostitution), 11-18 | ||||||
18 | (patronizing a prostitute), 11-19 (pimping), 11-19.1 (juvenile | ||||||
19 | pimping or aggravated juvenile pimping), or 11-19.2 | ||||||
20 | (exploitation of a child) of this Code, is guilty of a Class 2 | ||||||
21 | felony. The fact of such conviction is not an element of the | ||||||
22 | offense and may not be disclosed to the jury during trial | ||||||
23 | unless otherwise permitted by issues properly raised during | ||||||
24 | such trial.
| ||||||
25 | (Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11; | ||||||
26 | 97-227, eff. 1-1-12; revised 10-12-11.)
|
| |||||||
| |||||||
1 | (720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
| ||||||
2 | Sec. 11-20.1. Child pornography.
| ||||||
3 | (a) A person commits child pornography who:
| ||||||
4 | (1) films, videotapes, photographs, or otherwise | ||||||
5 | depicts or portrays by
means of any similar visual medium | ||||||
6 | or reproduction or depicts by computer any
child whom he or | ||||||
7 | she knows or reasonably should know to be under the age of | ||||||
8 | 18 and at least 13 years of age or any
severely or | ||||||
9 | profoundly intellectually disabled person where such child | ||||||
10 | or severely
or profoundly intellectually disabled person | ||||||
11 | is:
| ||||||
12 | (i) actually or by simulation engaged in any act of | ||||||
13 | sexual
penetration or sexual conduct
with any person or | ||||||
14 | animal; or
| ||||||
15 | (ii) actually or by simulation engaged in any act | ||||||
16 | of sexual
penetration or sexual conduct
involving the | ||||||
17 | sex organs of the child or severely or
profoundly | ||||||
18 | intellectually disabled person and the mouth, anus, or | ||||||
19 | sex organs of
another person or animal; or which | ||||||
20 | involves the mouth, anus or sex organs
of the child or | ||||||
21 | severely or profoundly intellectually disabled
person | ||||||
22 | and the sex organs of another person or animal; or
| ||||||
23 | (iii) actually or by simulation engaged in any act | ||||||
24 | of masturbation; or
| ||||||
25 | (iv) actually or by simulation portrayed as being |
| |||||||
| |||||||
1 | the object of, or
otherwise engaged in, any act of lewd | ||||||
2 | fondling, touching, or caressing
involving another | ||||||
3 | person or animal; or
| ||||||
4 | (v) actually or by simulation engaged in any act of | ||||||
5 | excretion or
urination within a sexual context; or
| ||||||
6 | (vi) actually or by simulation portrayed or | ||||||
7 | depicted as bound, fettered,
or subject to sadistic, | ||||||
8 | masochistic, or sadomasochistic abuse in any sexual
| ||||||
9 | context; or
| ||||||
10 | (vii) depicted or portrayed in any pose, posture or | ||||||
11 | setting involving
a lewd exhibition of the unclothed or | ||||||
12 | transparently clothed genitals, pubic area, buttocks, | ||||||
13 | or, if
such person is female, a fully or partially | ||||||
14 | developed breast of the child
or other person; or
| ||||||
15 | (2) with the knowledge of the nature or content | ||||||
16 | thereof, reproduces,
disseminates, offers to disseminate, | ||||||
17 | exhibits or possesses with intent to
disseminate any film, | ||||||
18 | videotape, photograph or other similar visual
reproduction | ||||||
19 | or depiction by computer of any child or severely or | ||||||
20 | profoundly
intellectually disabled person whom the person | ||||||
21 | knows or reasonably should know to be
under the age of 18 | ||||||
22 | and at least 13 years of age or to be a severely or | ||||||
23 | profoundly intellectually disabled person,
engaged in any | ||||||
24 | activity described in subparagraphs (i) through (vii) of
| ||||||
25 | paragraph (1) of this subsection; or
| ||||||
26 | (3) with knowledge of the subject matter or theme |
| |||||||
| |||||||
1 | thereof, produces any
stage play, live performance, film, | ||||||
2 | videotape or other similar visual
portrayal or depiction by | ||||||
3 | computer which
includes a child whom the person knows or | ||||||
4 | reasonably should
know to be under the age of 18 and at | ||||||
5 | least 13 years of age or a severely or
profoundly | ||||||
6 | intellectually disabled person engaged in any activity | ||||||
7 | described in
subparagraphs (i) through (vii) of paragraph | ||||||
8 | (1) of this subsection; or
| ||||||
9 | (4) solicits, uses, persuades, induces, entices, or | ||||||
10 | coerces any child
whom he or she knows or reasonably should | ||||||
11 | know to be under
the age of 18 and at least 13 years of age | ||||||
12 | or a severely or profoundly intellectually disabled person | ||||||
13 | to appear in any stage play, live presentation, film,
| ||||||
14 | videotape, photograph or other similar visual reproduction | ||||||
15 | or depiction
by computer in which the
child or severely or | ||||||
16 | profoundly intellectually disabled person
is or will be | ||||||
17 | depicted, actually or by simulation, in any act, pose or
| ||||||
18 | setting described in subparagraphs (i) through (vii) of | ||||||
19 | paragraph (1) of
this subsection; or
| ||||||
20 | (5) is a parent, step-parent, legal guardian or other | ||||||
21 | person having
care or custody
of a child whom the person | ||||||
22 | knows or reasonably should know to be under
the age of 18 | ||||||
23 | and at least 13 years of age or a severely or profoundly | ||||||
24 | intellectually disabled person and who knowingly permits, | ||||||
25 | induces, promotes, or arranges
for such child or severely | ||||||
26 | or profoundly intellectually disabled
person to appear in |
| |||||||
| |||||||
1 | any stage play, live performance, film, videotape,
| ||||||
2 | photograph or other similar visual presentation, portrayal | ||||||
3 | or simulation or
depiction by computer of any act or | ||||||
4 | activity described in subparagraphs (i)
through (vii) of | ||||||
5 | paragraph (1) of this subsection; or
| ||||||
6 | (6) with knowledge of the nature or content thereof, | ||||||
7 | possesses any film,
videotape, photograph or other similar | ||||||
8 | visual reproduction or depiction by
computer of any child | ||||||
9 | or severely or profoundly intellectually disabled person
| ||||||
10 | whom the person knows or reasonably should know to be under | ||||||
11 | the age of 18 and at least 13 years of age
or to be a | ||||||
12 | severely or profoundly intellectually disabled
person, | ||||||
13 | engaged in any activity described in subparagraphs (i) | ||||||
14 | through
(vii) of paragraph (1) of this subsection; or
| ||||||
15 | (7) solicits, or knowingly uses, persuades, induces, | ||||||
16 | entices, or coerces, a person
to provide a child under the | ||||||
17 | age of 18 and at least 13 years of age or a severely or | ||||||
18 | profoundly intellectually disabled person to appear in any | ||||||
19 | videotape, photograph, film, stage play, live
| ||||||
20 | presentation, or other similar visual reproduction or | ||||||
21 | depiction by computer
in which the child or severely or | ||||||
22 | profoundly intellectually disabled person will be
| ||||||
23 | depicted, actually or by simulation, in any act, pose, or | ||||||
24 | setting described in
subparagraphs (i) through (vii) of | ||||||
25 | paragraph (1) of this subsection.
| ||||||
26 | (b) (1) It shall be an affirmative defense to a charge of |
| |||||||
| |||||||
1 | child
pornography that the defendant reasonably believed, | ||||||
2 | under all of the
circumstances, that the child was 18 years | ||||||
3 | of age or older or that the
person was not a severely or | ||||||
4 | profoundly intellectually disabled person but only where, | ||||||
5 | prior to the act or acts giving rise to a
prosecution under | ||||||
6 | this Section, he or she took some affirmative action or | ||||||
7 | made a
bonafide inquiry designed to ascertain whether the | ||||||
8 | child was 18 years of
age or older or that the person was | ||||||
9 | not a severely or
profoundly intellectually disabled | ||||||
10 | person and his or her reliance upon the information
so | ||||||
11 | obtained was clearly reasonable.
| ||||||
12 | (1.5) Telecommunications carriers, commercial mobile | ||||||
13 | service providers, and providers of information services, | ||||||
14 | including, but not limited to, Internet service providers | ||||||
15 | and hosting service providers, are not liable under this | ||||||
16 | Section by virtue of the transmission, storage, or caching | ||||||
17 | of electronic communications or messages of others or by | ||||||
18 | virtue of the provision of other related | ||||||
19 | telecommunications, commercial mobile services, or | ||||||
20 | information services used by others in violation of this | ||||||
21 | Section.
| ||||||
22 | (2) (Blank).
| ||||||
23 | (3) The charge of child pornography shall not apply to | ||||||
24 | the performance
of official duties by law enforcement or | ||||||
25 | prosecuting officers or persons employed by law | ||||||
26 | enforcement or prosecuting agencies, court personnel
or |
| |||||||
| |||||||
1 | attorneys, nor to bonafide treatment or professional | ||||||
2 | education programs
conducted by licensed physicians, | ||||||
3 | psychologists or social workers.
| ||||||
4 | (4) If the defendant possessed more than one of the | ||||||
5 | same film,
videotape or visual reproduction or depiction by | ||||||
6 | computer in which child
pornography is depicted, then the | ||||||
7 | trier of fact may infer
that the defendant possessed such
| ||||||
8 | materials with the intent to disseminate them.
| ||||||
9 | (5) The charge of child pornography does not apply to a | ||||||
10 | person who does
not voluntarily possess a film, videotape, | ||||||
11 | or visual reproduction or depiction
by computer in which | ||||||
12 | child pornography is depicted. Possession is voluntary if
| ||||||
13 | the defendant knowingly procures or receives a film, | ||||||
14 | videotape, or visual
reproduction or depiction for a | ||||||
15 | sufficient time to be able to terminate his
or her | ||||||
16 | possession.
| ||||||
17 | (6) Any violation of paragraph (1), (2), (3), (4), (5), | ||||||
18 | or (7) of subsection (a) that includes a child engaged in, | ||||||
19 | solicited for, depicted in, or posed in any act of sexual | ||||||
20 | penetration or bound, fettered, or subject to sadistic, | ||||||
21 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
22 | shall be deemed a crime of violence. | ||||||
23 | (c) If the violation does not involve a film, videotape, or | ||||||
24 | other moving depiction, a violation of paragraph (1), (4), (5), | ||||||
25 | or (7) of subsection (a) is a
Class 1 felony with a mandatory | ||||||
26 | minimum fine of $2,000 and a maximum fine of
$100,000. If the |
| |||||||
| |||||||
1 | violation involves a film, videotape, or other moving | ||||||
2 | depiction, a violation of paragraph (1), (4), (5), or (7) of | ||||||
3 | subsection (a) is a
Class X felony with a mandatory minimum | ||||||
4 | fine of $2,000 and a maximum fine of
$100,000. If the violation | ||||||
5 | does not involve a film, videotape, or other moving depiction, | ||||||
6 | a violation of paragraph (3) of subsection (a) is a Class 1 | ||||||
7 | felony
with a mandatory minimum fine of $1500 and a maximum | ||||||
8 | fine of $100,000. If the violation involves a film, videotape, | ||||||
9 | or other moving depiction, a violation of paragraph (3) of | ||||||
10 | subsection (a) is a Class X felony
with a mandatory minimum | ||||||
11 | fine of $1500 and a maximum fine of $100,000.
If the violation | ||||||
12 | does not involve a film, videotape, or other moving depiction, | ||||||
13 | a violation
of paragraph (2) of subsection (a) is a Class 1 | ||||||
14 | felony with a
mandatory minimum fine of $1000 and a maximum | ||||||
15 | fine of $100,000. If the violation involves a film, videotape, | ||||||
16 | or other moving depiction, a violation of paragraph (2) of | ||||||
17 | subsection (a) is a Class X felony with a
mandatory minimum | ||||||
18 | fine of $1000 and a maximum fine of $100,000. If the violation | ||||||
19 | does not involve a film, videotape, or other moving depiction, | ||||||
20 | a violation of
paragraph (6) of subsection (a) is a Class 3 | ||||||
21 | felony with a mandatory
minimum fine of $1000 and a maximum | ||||||
22 | fine of $100,000. If the violation involves a film, videotape, | ||||||
23 | or other moving depiction, a violation of
paragraph (6) of | ||||||
24 | subsection (a) is a Class 2 felony with a mandatory
minimum | ||||||
25 | fine of $1000 and a maximum fine of $100,000.
| ||||||
26 | (d) If a person is convicted of a second or subsequent |
| |||||||
| |||||||
1 | violation of
this Section within 10 years of a prior | ||||||
2 | conviction, the court shall order a
presentence psychiatric | ||||||
3 | examination of the person. The examiner shall report
to the | ||||||
4 | court whether treatment of the person is necessary.
| ||||||
5 | (e) Any film, videotape, photograph or other similar visual | ||||||
6 | reproduction
or depiction by computer which includes a child | ||||||
7 | under the age of 18 and at least 13 years of age or a
severely | ||||||
8 | or profoundly intellectually disabled person engaged in any | ||||||
9 | activity
described in subparagraphs (i) through (vii) or | ||||||
10 | paragraph 1 of subsection
(a), and any material or equipment | ||||||
11 | used or intended for use in photographing,
filming, printing, | ||||||
12 | producing, reproducing, manufacturing, projecting,
exhibiting, | ||||||
13 | depiction by computer, or disseminating such material shall be
| ||||||
14 | seized and forfeited in the manner, method and procedure | ||||||
15 | provided by Section
36-1 of this Code for the seizure and | ||||||
16 | forfeiture of vessels, vehicles and
aircraft.
| ||||||
17 | In addition, any person convicted under this Section is | ||||||
18 | subject to the property forfeiture provisions set forth in | ||||||
19 | Article 124B of the Code of Criminal Procedure of 1963. | ||||||
20 | (e-5) Upon the conclusion of a case brought under this | ||||||
21 | Section, the court
shall seal all evidence depicting a victim | ||||||
22 | or witness that is sexually
explicit. The evidence may be | ||||||
23 | unsealed and viewed, on a motion of the party
seeking to unseal | ||||||
24 | and view the evidence, only for good cause shown and in the
| ||||||
25 | discretion of the court. The motion must expressly set forth | ||||||
26 | the purpose for
viewing the material. The State's attorney and |
| |||||||
| |||||||
1 | the victim, if possible, shall
be provided reasonable notice of | ||||||
2 | the hearing on the motion to unseal the
evidence. Any person | ||||||
3 | entitled to notice of a hearing under this subsection
(e-5) may | ||||||
4 | object to the motion.
| ||||||
5 | (f) Definitions. For the purposes of this Section:
| ||||||
6 | (1) "Disseminate" means (i) to sell, distribute, | ||||||
7 | exchange or transfer
possession, whether with or without | ||||||
8 | consideration or (ii) to make a depiction
by computer | ||||||
9 | available for distribution or downloading through the | ||||||
10 | facilities
of any telecommunications network or through | ||||||
11 | any other means of transferring
computer programs or data | ||||||
12 | to a computer.
| ||||||
13 | (2) "Produce" means to direct, promote, advertise, | ||||||
14 | publish, manufacture,
issue, present or show.
| ||||||
15 | (3) "Reproduce" means to make a duplication or copy.
| ||||||
16 | (4) "Depict by computer" means to generate or create, | ||||||
17 | or cause to be
created or generated, a computer program or | ||||||
18 | data that, after being processed by
a computer either alone | ||||||
19 | or in conjunction with one or more computer programs,
| ||||||
20 | results in a visual depiction on a computer monitor, | ||||||
21 | screen, or display.
| ||||||
22 | (5) "Depiction by computer" means a computer program or | ||||||
23 | data that, after
being processed by a computer either alone | ||||||
24 | or in conjunction with one or more
computer programs, | ||||||
25 | results in a visual depiction on a computer monitor, | ||||||
26 | screen,
or display.
|
| |||||||
| |||||||
1 | (6) "Computer", "computer program", and "data" have | ||||||
2 | the meanings
ascribed to them in Section 16D-2 of this | ||||||
3 | Code.
| ||||||
4 | (7) For the purposes of this Section, "child | ||||||
5 | pornography" includes a film, videotape, photograph, or | ||||||
6 | other similar
visual medium or reproduction or depiction by | ||||||
7 | computer that is, or appears to
be, that of a person, | ||||||
8 | either in part, or in total, under the age of 18 and at | ||||||
9 | least 13 years of age or a severely or profoundly | ||||||
10 | intellectually disabled mentally retarded person,
| ||||||
11 | regardless of the method by which the film, videotape, | ||||||
12 | photograph, or other
similar visual medium or reproduction | ||||||
13 | or depiction by computer is created,
adopted, or modified | ||||||
14 | to appear as such. "Child pornography" also includes a | ||||||
15 | film,
videotape, photograph, or other similar visual | ||||||
16 | medium or reproduction or
depiction by computer that is | ||||||
17 | advertised, promoted, presented, described, or
distributed | ||||||
18 | in such a manner that conveys the impression that the film,
| ||||||
19 | videotape, photograph, or other similar visual medium or | ||||||
20 | reproduction or
depiction by computer is of a person under | ||||||
21 | the age of 18 and at least 13 years of age or a severely or | ||||||
22 | profoundly intellectually disabled mentally retarded | ||||||
23 | person.
| ||||||
24 | (g) Re-enactment; findings; purposes.
| ||||||
25 | (1) The General Assembly finds and declares that:
| ||||||
26 | (i) Section 50-5 of Public Act 88-680, effective |
| |||||||
| |||||||
1 | January 1, 1995,
contained provisions amending the | ||||||
2 | child pornography statute, Section 11-20.1
of the | ||||||
3 | Criminal Code of 1961. Section 50-5 also contained | ||||||
4 | other provisions.
| ||||||
5 | (ii) In addition, Public Act 88-680 was entitled | ||||||
6 | "AN ACT to create a
Safe Neighborhoods Law". (A) | ||||||
7 | Article 5 was entitled JUVENILE JUSTICE and
amended the | ||||||
8 | Juvenile Court Act of 1987. (B) Article 15 was entitled | ||||||
9 | GANGS and
amended various provisions of the Criminal | ||||||
10 | Code of 1961 and the Unified Code
of Corrections. (C) | ||||||
11 | Article 20 was entitled ALCOHOL ABUSE and amended | ||||||
12 | various
provisions of the Illinois Vehicle Code. (D) | ||||||
13 | Article 25 was entitled DRUG
ABUSE and amended the | ||||||
14 | Cannabis Control Act and the Illinois Controlled
| ||||||
15 | Substances Act. (E) Article 30 was entitled FIREARMS | ||||||
16 | and amended the Criminal
Code of 1961 and the Code of | ||||||
17 | Criminal Procedure of 1963. (F) Article 35
amended the | ||||||
18 | Criminal Code of 1961, the Rights of Crime Victims and | ||||||
19 | Witnesses
Act, and the Unified Code of Corrections. (G) | ||||||
20 | Article 40 amended the Criminal
Code of 1961 to | ||||||
21 | increase the penalty for compelling organization | ||||||
22 | membership of
persons. (H) Article 45 created the | ||||||
23 | Secure Residential Youth Care Facility
Licensing Act | ||||||
24 | and amended the State Finance Act, the Juvenile Court | ||||||
25 | Act of
1987, the Unified Code of Corrections, and the | ||||||
26 | Private Correctional Facility
Moratorium Act. (I) |
| |||||||
| |||||||
1 | Article 50 amended the WIC Vendor Management Act, the
| ||||||
2 | Firearm Owners Identification Card Act, the Juvenile | ||||||
3 | Court Act of 1987, the
Criminal Code of 1961, the | ||||||
4 | Wrongs to Children Act, and the Unified Code of
| ||||||
5 | Corrections.
| ||||||
6 | (iii) On September 22, 1998, the Third District | ||||||
7 | Appellate Court in
People v. Dainty, 701 N.E. 2d 118, | ||||||
8 | ruled that Public Act 88-680 violates the
single | ||||||
9 | subject clause of the Illinois Constitution (Article | ||||||
10 | IV, Section 8 (d))
and was unconstitutional in its | ||||||
11 | entirety. As of the time this amendatory Act
of 1999 | ||||||
12 | was prepared, People v. Dainty was still subject to | ||||||
13 | appeal.
| ||||||
14 | (iv) Child pornography is a vital concern to the | ||||||
15 | people of this State
and the validity of future | ||||||
16 | prosecutions under the child pornography statute of
| ||||||
17 | the Criminal Code of 1961 is in grave doubt.
| ||||||
18 | (2) It is the purpose of this amendatory Act of 1999 to | ||||||
19 | prevent or
minimize any problems relating to prosecutions | ||||||
20 | for child pornography that may
result from challenges to | ||||||
21 | the constitutional validity of Public Act 88-680 by
| ||||||
22 | re-enacting the Section relating to child pornography that | ||||||
23 | was included in
Public Act 88-680.
| ||||||
24 | (3) This amendatory Act of 1999 re-enacts Section | ||||||
25 | 11-20.1 of the
Criminal Code of 1961, as it has been | ||||||
26 | amended. This re-enactment is intended
to remove any |
| |||||||
| |||||||
1 | question as to the validity or content of that Section; it | ||||||
2 | is not
intended to supersede any other Public Act that | ||||||
3 | amends the text of the Section
as set forth in this | ||||||
4 | amendatory Act of 1999. The material is shown as existing
| ||||||
5 | text (i.e., without underscoring) because, as of the time | ||||||
6 | this amendatory Act
of 1999 was prepared, People v. Dainty | ||||||
7 | was subject to appeal to the Illinois
Supreme Court.
| ||||||
8 | (4) The re-enactment by this amendatory Act of 1999 of | ||||||
9 | Section 11-20.1 of
the Criminal Code of 1961 relating to | ||||||
10 | child pornography that was amended by
Public Act 88-680 is | ||||||
11 | not intended, and shall not be construed, to imply that
| ||||||
12 | Public Act 88-680 is invalid or to limit or impair any | ||||||
13 | legal argument
concerning whether those provisions were | ||||||
14 | substantially re-enacted by other
Public Acts.
| ||||||
15 | (Source: P.A. 96-292, eff. 1-1-10; 96-712, eff. 1-1-10; | ||||||
16 | 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-157, eff. | ||||||
17 | 1-1-12; 97-227, eff. 1-1-12; revised 9-12-11.)
| ||||||
18 | (720 ILCS 5/11-20.1B) (was 720 ILCS 5/11-20.3) | ||||||
19 | Sec. 11-20.1B. Aggravated child pornography. | ||||||
20 | (a) A person commits aggravated child pornography who: | ||||||
21 | (1) films, videotapes, photographs, or otherwise | ||||||
22 | depicts or portrays by means of any similar visual medium | ||||||
23 | or reproduction or depicts by computer any child whom he or | ||||||
24 | she knows or reasonably should know to be under the age of | ||||||
25 | 13 years where such child is: |
| |||||||
| |||||||
1 | (i) actually or by simulation engaged in any act of | ||||||
2 | sexual penetration or sexual conduct with any person or | ||||||
3 | animal; or | ||||||
4 | (ii) actually or by simulation engaged in any act | ||||||
5 | of sexual penetration or sexual conduct involving the | ||||||
6 | sex organs of the child and the mouth, anus, or sex | ||||||
7 | organs of another person or animal; or which involves | ||||||
8 | the mouth, anus or sex organs of the child and the sex | ||||||
9 | organs of another person or animal; or | ||||||
10 | (iii) actually or by simulation engaged in any act | ||||||
11 | of masturbation; or | ||||||
12 | (iv) actually or by simulation portrayed as being | ||||||
13 | the object of, or otherwise engaged in, any act of lewd | ||||||
14 | fondling, touching, or caressing involving another | ||||||
15 | person or animal; or | ||||||
16 | (v) actually or by simulation engaged in any act of | ||||||
17 | excretion or urination within a sexual context; or | ||||||
18 | (vi) actually or by simulation portrayed or | ||||||
19 | depicted as bound, fettered, or subject to sadistic, | ||||||
20 | masochistic, or sadomasochistic abuse in any sexual | ||||||
21 | context; or | ||||||
22 | (vii) depicted or portrayed in any pose, posture or | ||||||
23 | setting involving a lewd exhibition of the unclothed or | ||||||
24 | transparently clothed genitals, pubic area, buttocks, | ||||||
25 | or, if such person is female, a fully or partially | ||||||
26 | developed breast of the child or other person; or |
| |||||||
| |||||||
1 | (2) with the knowledge of the nature or content | ||||||
2 | thereof, reproduces, disseminates, offers to disseminate, | ||||||
3 | exhibits or possesses with intent to disseminate any film, | ||||||
4 | videotape, photograph or other similar visual reproduction | ||||||
5 | or depiction by computer of any child whom the person knows | ||||||
6 | or reasonably should know to be under the age of 13 engaged | ||||||
7 | in any activity described in subparagraphs (i) through | ||||||
8 | (vii) of paragraph (1) of this subsection; or | ||||||
9 | (3) with knowledge of the subject matter or theme | ||||||
10 | thereof, produces any stage play, live performance, film, | ||||||
11 | videotape or other similar visual portrayal or depiction by | ||||||
12 | computer which includes a child whom the person knows or | ||||||
13 | reasonably should know to be under the age of 13 engaged in | ||||||
14 | any activity described in subparagraphs (i) through (vii) | ||||||
15 | of paragraph (1) of this subsection; or | ||||||
16 | (4) solicits, uses, persuades, induces, entices, or | ||||||
17 | coerces any child whom he or she knows or reasonably should | ||||||
18 | know to be under the age of 13 to appear in any stage play, | ||||||
19 | live presentation, film, videotape, photograph or other | ||||||
20 | similar visual reproduction or depiction by computer in | ||||||
21 | which the child or severely or profoundly intellectually | ||||||
22 | disabled mentally retarded person is or will be depicted, | ||||||
23 | actually or by simulation, in any act, pose or setting | ||||||
24 | described in subparagraphs (i) through (vii) of paragraph | ||||||
25 | (1) of this subsection; or | ||||||
26 | (5) is a parent, step-parent, legal guardian or other |
| |||||||
| |||||||
1 | person having care or custody of a child whom the person | ||||||
2 | knows or reasonably should know to be under the age of 13 | ||||||
3 | and who knowingly permits, induces, promotes, or arranges | ||||||
4 | for such child to appear in any stage play, live | ||||||
5 | performance, film, videotape, photograph or other similar | ||||||
6 | visual presentation, portrayal or simulation or depiction | ||||||
7 | by computer of any act or activity described in | ||||||
8 | subparagraphs (i) through (vii) of paragraph (1) of this | ||||||
9 | subsection; or | ||||||
10 | (6) with knowledge of the nature or content thereof, | ||||||
11 | possesses any film, videotape, photograph or other similar | ||||||
12 | visual reproduction or depiction by computer of any child | ||||||
13 | whom the person knows or reasonably should know to be under | ||||||
14 | the age of 13 engaged in any activity described in | ||||||
15 | subparagraphs (i) through (vii) of paragraph (1) of this | ||||||
16 | subsection; or | ||||||
17 | (7) solicits, or knowingly uses, persuades, induces, | ||||||
18 | entices, or coerces a person to provide a child under the | ||||||
19 | age of 13 to appear in any videotape, photograph, film, | ||||||
20 | stage play, live presentation, or other similar visual | ||||||
21 | reproduction or depiction by computer in which the child | ||||||
22 | will be depicted, actually or by simulation, in any act, | ||||||
23 | pose, or setting described in subparagraphs (i) through | ||||||
24 | (vii) of paragraph (1) of this subsection. | ||||||
25 | (b)(1) It shall be an affirmative defense to a charge of | ||||||
26 | aggravated child pornography that the defendant reasonably |
| |||||||
| |||||||
1 | believed, under all of the circumstances, that the child was 13 | ||||||
2 | years of age or older, but only where, prior to the act or acts | ||||||
3 | giving rise to a prosecution under this Section, he or she took | ||||||
4 | some affirmative action or made a bonafide inquiry designed to | ||||||
5 | ascertain whether the child was 13 years of age or older and | ||||||
6 | his or her reliance upon the information so obtained was | ||||||
7 | clearly reasonable. | ||||||
8 | (2) The charge of aggravated child pornography shall not | ||||||
9 | apply to the performance of official duties by law enforcement | ||||||
10 | or prosecuting officers or persons employed by law enforcement | ||||||
11 | or prosecuting agencies, court personnel or attorneys, nor to | ||||||
12 | bonafide treatment or professional education programs | ||||||
13 | conducted by licensed physicians, psychologists or social | ||||||
14 | workers. | ||||||
15 | (3) If the defendant possessed more than 3 of the same | ||||||
16 | film, videotape or visual reproduction or depiction by computer | ||||||
17 | in which aggravated child pornography is depicted, then the | ||||||
18 | trier of fact may infer that the defendant possessed such | ||||||
19 | materials with the intent to disseminate them. | ||||||
20 | (4) The charge of aggravated child pornography does not | ||||||
21 | apply to a person who does not voluntarily possess a film, | ||||||
22 | videotape, or visual reproduction or depiction by computer in | ||||||
23 | which aggravated child pornography is depicted. Possession is | ||||||
24 | voluntary if the defendant knowingly procures or receives a | ||||||
25 | film, videotape, or visual reproduction or depiction for a | ||||||
26 | sufficient time to be able to terminate his or her possession. |
| |||||||
| |||||||
1 | (5) Any violation of paragraph (1), (2), (3), (4), (5), or | ||||||
2 | (7) of subsection (a) that includes a child engaged in, | ||||||
3 | solicited for, depicted in, or posed in any act of sexual | ||||||
4 | penetration or bound, fettered, or subject to sadistic, | ||||||
5 | masochistic, or sadomasochistic abuse in a sexual context shall | ||||||
6 | be deemed a crime of violence. | ||||||
7 | (c) Sentence:
(1) A person who commits a violation of | ||||||
8 | paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) is | ||||||
9 | guilty of a Class X felony with a mandatory minimum fine of | ||||||
10 | $2,000 and a maximum fine of $100,000. | ||||||
11 | (2) A person who commits a violation of paragraph (6) of | ||||||
12 | subsection (a) is guilty of a Class 2 felony with a mandatory | ||||||
13 | minimum fine of $1000 and a maximum fine of $100,000. | ||||||
14 | (3) A person who commits a violation of paragraph (1), (2), | ||||||
15 | (3), (4), (5), or (7) of subsection (a) where the defendant has | ||||||
16 | previously been convicted under the laws of this State or any | ||||||
17 | other state of the offense of child pornography, aggravated | ||||||
18 | child pornography, aggravated criminal sexual abuse, | ||||||
19 | aggravated criminal sexual assault, predatory criminal sexual | ||||||
20 | assault of a child, or any of the offenses formerly known as | ||||||
21 | rape, deviate sexual assault, indecent liberties with a child, | ||||||
22 | or aggravated indecent liberties with a child where the victim | ||||||
23 | was under the age of 18 years or an offense that is | ||||||
24 | substantially equivalent to those offenses, is guilty of a | ||||||
25 | Class X felony for which the person shall be sentenced to a | ||||||
26 | term of imprisonment of not less than 9 years with a mandatory |
| |||||||
| |||||||
1 | minimum fine of $2,000 and a maximum fine of $100,000. | ||||||
2 | (4) A person who commits a violation of paragraph (6) of | ||||||
3 | subsection (a) where the defendant has previously been | ||||||
4 | convicted under the laws of this State or any other state of | ||||||
5 | the offense of child pornography, aggravated child | ||||||
6 | pornography, aggravated criminal sexual abuse, aggravated | ||||||
7 | criminal sexual assault, predatory criminal sexual assault of a | ||||||
8 | child, or any of the offenses formerly known as rape, deviate | ||||||
9 | sexual assault, indecent liberties with a child, or aggravated | ||||||
10 | indecent liberties with a child where the victim was under the | ||||||
11 | age of 18 years or an offense that is substantially equivalent | ||||||
12 | to those offenses, is guilty of a Class 1 felony with a | ||||||
13 | mandatory minimum fine of $1000 and a maximum fine of $100,000. | ||||||
14 | (d) If a person is convicted of a second or subsequent | ||||||
15 | violation of this Section within 10 years of a prior | ||||||
16 | conviction, the court shall order a presentence psychiatric | ||||||
17 | examination of the person. The examiner shall report to the | ||||||
18 | court whether treatment of the person is necessary. | ||||||
19 | (e) Any film, videotape, photograph or other similar visual | ||||||
20 | reproduction or depiction by computer which includes a child | ||||||
21 | under the age of 13 engaged in any activity described in | ||||||
22 | subparagraphs (i) through (vii) of paragraph (1) of subsection | ||||||
23 | (a), and any material or equipment used or intended for use in | ||||||
24 | photographing, filming, printing, producing, reproducing, | ||||||
25 | manufacturing, projecting, exhibiting, depiction by computer, | ||||||
26 | or disseminating such material shall be seized and forfeited in |
| |||||||
| |||||||
1 | the manner, method and procedure provided by Section 36-1 of | ||||||
2 | this Code for the seizure and forfeiture of vessels, vehicles | ||||||
3 | and aircraft. | ||||||
4 | In addition, any person convicted under this Section is | ||||||
5 | subject to the property forfeiture provisions set forth in | ||||||
6 | Article 124B of the Code of Criminal Procedure of 1963. | ||||||
7 | (e-5) Upon the conclusion of a case brought under this | ||||||
8 | Section, the court shall seal all evidence depicting a victim | ||||||
9 | or witness that is sexually explicit. The evidence may be | ||||||
10 | unsealed and viewed, on a motion of the party seeking to unseal | ||||||
11 | and view the evidence, only for good cause shown and in the | ||||||
12 | discretion of the court. The motion must expressly set forth | ||||||
13 | the purpose for viewing the material. The State's attorney and | ||||||
14 | the victim, if possible, shall be provided reasonable notice of | ||||||
15 | the hearing on the motion to unseal the evidence. Any person | ||||||
16 | entitled to notice of a hearing under this subsection (e-5) may | ||||||
17 | object to the motion. | ||||||
18 | (f) Definitions. For the purposes of this Section: | ||||||
19 | (1) "Disseminate" means (i) to sell, distribute, | ||||||
20 | exchange or transfer possession, whether with or without | ||||||
21 | consideration or (ii) to make a depiction by computer | ||||||
22 | available for distribution or downloading through the | ||||||
23 | facilities of any telecommunications network or through | ||||||
24 | any other means of transferring computer programs or data | ||||||
25 | to a computer. | ||||||
26 | (2) "Produce" means to direct, promote, advertise, |
| |||||||
| |||||||
1 | publish, manufacture, issue, present or show. | ||||||
2 | (3) "Reproduce" means to make a duplication or copy. | ||||||
3 | (4) "Depict by computer" means to generate or create, | ||||||
4 | or cause to be created or generated, a computer program or | ||||||
5 | data that, after being processed by a computer either alone | ||||||
6 | or in conjunction with one or more computer programs, | ||||||
7 | results in a visual depiction on a computer monitor, | ||||||
8 | screen, or display. | ||||||
9 | (5) "Depiction by computer" means a computer program or | ||||||
10 | data that, after being processed by a computer either alone | ||||||
11 | or in conjunction with one or more computer programs, | ||||||
12 | results in a visual depiction on a computer monitor, | ||||||
13 | screen, or display. | ||||||
14 | (6) "Computer", "computer program", and "data" have | ||||||
15 | the meanings ascribed to them in Section 16D-2 of this | ||||||
16 | Code. | ||||||
17 | (7) For the purposes of this Section, "child" means a | ||||||
18 | person, either in part or in total, under the age of 13, | ||||||
19 | regardless of the method by which the film, videotape, | ||||||
20 | photograph, or other similar visual medium or reproduction | ||||||
21 | or depiction by computer is created, adopted, or modified | ||||||
22 | to appear as such. | ||||||
23 | (g) When a charge of aggravated child pornography is | ||||||
24 | brought, the age of the child is an element of the offense to | ||||||
25 | be resolved by the trier of fact as either exceeding or not | ||||||
26 | exceeding the age in question. The trier of fact can rely on |
| |||||||
| |||||||
1 | its own everyday observations and common experiences in making | ||||||
2 | this determination.
| ||||||
3 | (Source: P.A. 95-579, eff. 6-1-08; 96-292, eff. 1-1-10; 96-712, | ||||||
4 | eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; | ||||||
5 | incorporates 97-227, eff. 1-1-12; revised 9-12-11.)
| ||||||
6 | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
| ||||||
7 | Sec. 12-2. Aggravated assault.
| ||||||
8 | (a) Offense based on location of conduct. A person commits | ||||||
9 | aggravated assault when he or she commits an assault against an | ||||||
10 | individual who is on or about a public way, public property, a | ||||||
11 | public place of accommodation or amusement, or a sports venue. | ||||||
12 | (b) Offense based on status of victim. A person commits | ||||||
13 | aggravated assault when, in committing an assault, he or she | ||||||
14 | knows the individual assaulted to be any of the following: | ||||||
15 | (1) A physically handicapped person or a person 60 | ||||||
16 | years of age or older and the assault is without legal | ||||||
17 | justification. | ||||||
18 | (2) A teacher or school employee upon school grounds or | ||||||
19 | grounds adjacent to a school or in any part of a building | ||||||
20 | used for school purposes. | ||||||
21 | (3) A park district employee upon park grounds or | ||||||
22 | grounds adjacent to a park or in any part of a building | ||||||
23 | used for park purposes. | ||||||
24 | (4) A peace officer, community policing volunteer, | ||||||
25 | fireman, private security officer, emergency management |
| |||||||
| |||||||
1 | worker, emergency medical technician, or utility worker: | ||||||
2 | (i) performing his or her official duties; | ||||||
3 | (ii) assaulted to prevent performance of his or her | ||||||
4 | official duties; or | ||||||
5 | (iii) assaulted in retaliation for performing his | ||||||
6 | or her official duties. | ||||||
7 | (5) A correctional officer or probation officer: | ||||||
8 | (i) performing his or her official duties; | ||||||
9 | (ii) assaulted to prevent performance of his or her | ||||||
10 | official duties; or | ||||||
11 | (iii) assaulted in retaliation for performing his | ||||||
12 | or her official duties. | ||||||
13 | (6) A correctional institution employee, a county | ||||||
14 | juvenile detention center employee who provides direct and | ||||||
15 | continuous supervision of residents of a juvenile | ||||||
16 | detention center, including a county juvenile detention | ||||||
17 | center employee who supervises recreational activity for | ||||||
18 | residents of a juvenile detention center, or a Department | ||||||
19 | of Human Services employee, Department of Human Services | ||||||
20 | officer , or employee of a subcontractor of the Department | ||||||
21 | of Human Services supervising or controlling sexually | ||||||
22 | dangerous persons or sexually violent persons: | ||||||
23 | (i) performing his or her official duties; | ||||||
24 | (ii) assaulted to prevent performance of his or her | ||||||
25 | official duties; or | ||||||
26 | (iii) assaulted in retaliation for performing his |
| |||||||
| |||||||
1 | or her official duties. | ||||||
2 | (7) An employee of the State of Illinois, a municipal | ||||||
3 | corporation therein, or a political subdivision thereof, | ||||||
4 | performing his or her official duties. | ||||||
5 | (8) A transit employee performing his or her official | ||||||
6 | duties, or a transit passenger. | ||||||
7 | (9) A sports official or coach actively participating | ||||||
8 | in any level of athletic competition within a sports venue, | ||||||
9 | on an indoor playing field or outdoor playing field, or | ||||||
10 | within the immediate vicinity of such a facility or field. | ||||||
11 | (10) A person authorized to serve process under Section | ||||||
12 | 2-202 of the Code of Civil Procedure or a special process | ||||||
13 | server appointed by the circuit court, while that | ||||||
14 | individual is in the performance of his or her duties as a | ||||||
15 | process server. | ||||||
16 | (c) Offense based on use of firearm, device, or motor | ||||||
17 | vehicle. A person commits aggravated assault when, in | ||||||
18 | committing an assault, he or she does any of the following: | ||||||
19 | (1) Uses a deadly weapon, an air rifle as defined in | ||||||
20 | the Air Rifle Act, or any device manufactured and designed | ||||||
21 | to be substantially similar in appearance to a firearm, | ||||||
22 | other than by discharging a firearm. | ||||||
23 | (2) Discharges a firearm, other than from a motor | ||||||
24 | vehicle. | ||||||
25 | (3) Discharges a firearm from a motor vehicle. | ||||||
26 | (4) Wears a hood, robe, or mask to conceal his or her |
| |||||||
| |||||||
1 | identity. | ||||||
2 | (5) Knowingly and without lawful justification shines | ||||||
3 | or flashes a laser gun sight or other laser device attached | ||||||
4 | to a firearm, or used in concert with a firearm, so that | ||||||
5 | the laser beam strikes near or in the immediate vicinity of | ||||||
6 | any person. | ||||||
7 | (6) Uses a firearm, other than by discharging the | ||||||
8 | firearm, against a peace officer, community policing | ||||||
9 | volunteer, fireman, private security officer, emergency | ||||||
10 | management worker, emergency medical technician, employee | ||||||
11 | of a police department, employee of a sheriff's department, | ||||||
12 | or traffic control municipal employee: | ||||||
13 | (i) performing his or her official duties; | ||||||
14 | (ii) assaulted to prevent performance of his or her | ||||||
15 | official duties; or | ||||||
16 | (iii) assaulted in retaliation for performing his | ||||||
17 | or her official duties. | ||||||
18 | (7) Without justification operates a motor vehicle in a | ||||||
19 | manner which places a person, other than a person listed in | ||||||
20 | subdivision (b)(4), in reasonable apprehension of being | ||||||
21 | struck by the moving motor vehicle. | ||||||
22 | (8) Without justification operates a motor vehicle in a | ||||||
23 | manner which places a person listed in subdivision (b)(4), | ||||||
24 | in reasonable apprehension of being struck by the moving | ||||||
25 | motor vehicle. | ||||||
26 | (d) Sentence. Aggravated assault as defined in subdivision |
| |||||||
| |||||||
1 | (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), | ||||||
2 | (c)(1), or (c)(4) is a Class A misdemeanor, except that | ||||||
3 | aggravated assault as defined in subdivision (b)(4) and (b)(7) | ||||||
4 | is a Class 4 felony if a Category I, Category II, or Category | ||||||
5 | III weapon is used in the commission of the assault. Aggravated | ||||||
6 | assault as defined in subdivision (b)(5), (b)(6), (b)(10), | ||||||
7 | (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. | ||||||
8 | Aggravated assault as defined in subdivision (c)(3) or (c)(8) | ||||||
9 | is a Class 3 felony. | ||||||
10 | (e) For the purposes of this Section, "Category I weapon", | ||||||
11 | "Category II weapon, and "Category III weapon" have the | ||||||
12 | meanings ascribed to those terms in Section 33A-1 of this Code.
| ||||||
13 | an employee of a county juvenile detention center who provides | ||||||
14 | direct and continuous supervision of residents of a juvenile | ||||||
15 | detention center, including an employee of a county juvenile | ||||||
16 | detention center who supervises recreational activity for | ||||||
17 | residents of a juvenile detention center, | ||||||
18 | ; or | ||||||
19 | (20) Knows the individual assaulted to be either: | ||||||
20 | (A) a person authorized to serve process under | ||||||
21 | Section 2-202 of the Code of Civil Procedure; or | ||||||
22 | (B) a special process server appointed by the | ||||||
23 | circuit court; | ||||||
24 | while that individual is in the performance of his or her | ||||||
25 | duties as a process server. | ||||||
26 | , and (20) |
| |||||||
| |||||||
1 | (Source: P.A. 96-201, eff. 8-10-09; 96-1000, eff. 7-2-10; | ||||||
2 | 96-1109, eff. 1-1-11; 96-1398, eff. 7-29-10; 96-1551, eff. | ||||||
3 | 7-1-11; 97-225, eff. 7-28-11; 97-313, eff. 1-1-12; 97-333, eff. | ||||||
4 | 8-12-11; revised 9-12-11.)
| ||||||
5 | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
| ||||||
6 | Sec. 12-3.05. Aggravated battery.
| ||||||
7 | (a) Offense based on injury. A person commits aggravated | ||||||
8 | battery when, in committing a battery, other than by the | ||||||
9 | discharge of a firearm, he or she knowingly does any of the | ||||||
10 | following: | ||||||
11 | (1) Causes great bodily harm or permanent disability or | ||||||
12 | disfigurement. | ||||||
13 | (2) Causes severe and permanent disability, great | ||||||
14 | bodily harm, or disfigurement by means of a caustic or | ||||||
15 | flammable substance, a poisonous gas, a deadly biological | ||||||
16 | or chemical contaminant or agent, a radioactive substance, | ||||||
17 | or a bomb or explosive compound. | ||||||
18 | (3) Causes great bodily harm or permanent disability or | ||||||
19 | disfigurement to an individual whom the person knows to be | ||||||
20 | a peace officer, community policing volunteer, fireman, | ||||||
21 | private security officer, correctional institution | ||||||
22 | employee, or Department of Human Services employee | ||||||
23 | supervising or controlling sexually dangerous persons or | ||||||
24 | sexually violent persons: | ||||||
25 | (i) performing his or her official duties; |
| |||||||
| |||||||
1 | (ii) battered to prevent performance of his or her | ||||||
2 | official duties; or | ||||||
3 | (iii) battered in retaliation for performing his | ||||||
4 | or her official duties. | ||||||
5 | (4) Causes great bodily harm or permanent disability or | ||||||
6 | disfigurement to an individual 60 years of age or older. | ||||||
7 | (5) Strangles another individual. | ||||||
8 | (b) Offense based on injury to a child or intellectually | ||||||
9 | disabled mentally retarded person. A person who is at least 18 | ||||||
10 | years of age commits aggravated battery when, in committing a | ||||||
11 | battery, he or she knowingly and without legal justification by | ||||||
12 | any means: | ||||||
13 | (1) causes great bodily harm or permanent disability or | ||||||
14 | disfigurement to any child under the age of 13 years, or to | ||||||
15 | any severely or profoundly intellectually disabled | ||||||
16 | mentally retarded person; or | ||||||
17 | (2) causes bodily harm or disability or disfigurement | ||||||
18 | to any child under the age of 13 years or to any severely | ||||||
19 | or profoundly intellectually disabled mentally retarded | ||||||
20 | person. | ||||||
21 | (c) Offense based on location of conduct. A person commits | ||||||
22 | aggravated battery when, in committing a battery, other than by | ||||||
23 | the discharge of a firearm, he or she is or the person battered | ||||||
24 | is on or about a public way, public property, a public place of | ||||||
25 | accommodation or amusement, a sports venue, or a domestic | ||||||
26 | violence shelter. |
| |||||||
| |||||||
1 | (d) Offense based on status of victim. A person commits | ||||||
2 | aggravated battery when, in committing a battery, other than by | ||||||
3 | discharge of a firearm, he or she knows the individual battered | ||||||
4 | to be any of the following: | ||||||
5 | (1) A person 60 years of age or older. | ||||||
6 | (2) A person who is pregnant or physically handicapped. | ||||||
7 | (3) A teacher or school employee upon school grounds or | ||||||
8 | grounds adjacent to a school or in any part of a building | ||||||
9 | used for school purposes. | ||||||
10 | (4) A peace officer, community policing volunteer, | ||||||
11 | fireman, private security officer, correctional | ||||||
12 | institution employee, or Department of Human Services | ||||||
13 | employee supervising or controlling sexually dangerous | ||||||
14 | persons or sexually violent persons: | ||||||
15 | (i) performing his or her official duties; | ||||||
16 | (ii) battered to prevent performance of his or her | ||||||
17 | official duties; or | ||||||
18 | (iii) battered in retaliation for performing his | ||||||
19 | or her official duties. | ||||||
20 | (5) A judge, emergency management worker, emergency | ||||||
21 | medical technician, or utility worker: | ||||||
22 | (i) performing his or her official duties; | ||||||
23 | (ii) battered to prevent performance of his or her | ||||||
24 | official duties; or | ||||||
25 | (iii) battered in retaliation for performing his | ||||||
26 | or her official duties. |
| |||||||
| |||||||
1 | (6) An officer or employee of the State of Illinois, a | ||||||
2 | unit of local government, or a school district, while | ||||||
3 | performing his or her official duties. | ||||||
4 | (7) A transit employee performing his or her official | ||||||
5 | duties, or a transit passenger. | ||||||
6 | (8) A taxi driver on duty. | ||||||
7 | (9) A merchant who detains the person for an alleged | ||||||
8 | commission of retail theft under Section 16-26 of this Code | ||||||
9 | and the person without legal justification by any means | ||||||
10 | causes bodily harm to the merchant. | ||||||
11 | (10) A person authorized to serve process under Section | ||||||
12 | 2-202 of the Code of Civil Procedure or a special process | ||||||
13 | server appointed by the circuit court while that individual | ||||||
14 | is in the performance of his or her duties as a process | ||||||
15 | server. | ||||||
16 | (e) Offense based on use of a firearm. A person commits | ||||||
17 | aggravated battery when, in committing a battery, he or she | ||||||
18 | knowingly does any of the following: | ||||||
19 | (1) Discharges a firearm, other than a machine gun or a | ||||||
20 | firearm equipped with a silencer, and causes any injury to | ||||||
21 | another person. | ||||||
22 | (2) Discharges a firearm, other than a machine gun or a | ||||||
23 | firearm equipped with a silencer, and causes any injury to | ||||||
24 | a person he or she knows to be a peace officer, community | ||||||
25 | policing volunteer, person summoned by a police officer, | ||||||
26 | fireman, private security officer, correctional |
| |||||||
| |||||||
1 | institution employee, or emergency management worker: | ||||||
2 | (i) performing his or her official duties; | ||||||
3 | (ii) battered to prevent performance of his or her | ||||||
4 | official duties; or | ||||||
5 | (iii) battered in retaliation for performing his | ||||||
6 | or her official duties. | ||||||
7 | (3) Discharges a firearm, other than a machine gun or a | ||||||
8 | firearm equipped with a silencer, and causes any injury to | ||||||
9 | a person he or she knows to be an emergency medical | ||||||
10 | technician employed by a municipality or other | ||||||
11 | governmental unit: | ||||||
12 | (i) performing his or her official duties; | ||||||
13 | (ii) battered to prevent performance of his or her | ||||||
14 | official duties; or | ||||||
15 | (iii) battered in retaliation for performing his | ||||||
16 | or her official duties. | ||||||
17 | (4) Discharges a firearm and causes any injury to a | ||||||
18 | person he or she knows to be a teacher, a student in a | ||||||
19 | school, or a school employee, and the teacher, student, or | ||||||
20 | employee is upon school grounds or grounds adjacent to a | ||||||
21 | school or in any part of a building used for school | ||||||
22 | purposes. | ||||||
23 | (5) Discharges a machine gun or a firearm equipped with | ||||||
24 | a silencer, and causes any injury to another person. | ||||||
25 | (6) Discharges a machine gun or a firearm equipped with | ||||||
26 | a silencer, and causes any injury to a person he or she |
| |||||||
| |||||||
1 | knows to be a peace officer, community policing volunteer, | ||||||
2 | person summoned by a police officer, fireman, private | ||||||
3 | security officer, correctional institution employee or | ||||||
4 | emergency management worker: | ||||||
5 | (i) performing his or her official duties; | ||||||
6 | (ii) battered to prevent performance of his or her | ||||||
7 | official duties; or | ||||||
8 | (iii) battered in retaliation for performing his | ||||||
9 | or her official duties. | ||||||
10 | (7) Discharges a machine gun or a firearm equipped with | ||||||
11 | a silencer, and causes any injury to a person he or she | ||||||
12 | knows to be an emergency medical technician employed by a | ||||||
13 | municipality or other governmental unit: | ||||||
14 | (i) performing his or her official duties; | ||||||
15 | (ii) battered to prevent performance of his or her | ||||||
16 | official duties; or | ||||||
17 | (iii) battered in retaliation for performing his | ||||||
18 | or her official duties. | ||||||
19 | (8) Discharges a machine gun or a firearm equipped with | ||||||
20 | a silencer, and causes any injury to a person he or she | ||||||
21 | knows to be a teacher, or a student in a school, or a | ||||||
22 | school employee, and the teacher, student, or employee is | ||||||
23 | upon school grounds or grounds adjacent to a school or in | ||||||
24 | any part of a building used for school purposes. | ||||||
25 | (f) Offense based on use of a weapon or device. A person | ||||||
26 | commits aggravated battery when, in committing a battery, he or |
| |||||||
| |||||||
1 | she does any of the following: | ||||||
2 | (1) Uses a deadly weapon other than by discharge of a | ||||||
3 | firearm, or uses an air rifle as defined in the Air Rifle
| ||||||
4 | Act. | ||||||
5 | (2) Wears a hood, robe, or mask to conceal his or her | ||||||
6 | identity. | ||||||
7 | (3) Knowingly and without lawful justification shines | ||||||
8 | or flashes a laser gunsight or other laser device attached | ||||||
9 | to a firearm, or used in concert with a firearm, so that | ||||||
10 | the laser beam strikes upon or against the person of | ||||||
11 | another. | ||||||
12 | (g) Offense based on certain conduct. A person commits | ||||||
13 | aggravated battery when, other than by discharge of a firearm, | ||||||
14 | he or she does any of the following: | ||||||
15 | (1) Violates Section 401 of the Illinois Controlled | ||||||
16 | Substances Act by unlawfully delivering a controlled | ||||||
17 | substance to another and any user experiences great bodily | ||||||
18 | harm or permanent disability as a result of the injection, | ||||||
19 | inhalation, or ingestion of any amount of the controlled | ||||||
20 | substance. | ||||||
21 | (2) Knowingly administers to an individual or causes | ||||||
22 | him or her to take, without his or her consent or by threat | ||||||
23 | or deception, and for other than medical purposes, any | ||||||
24 | intoxicating, poisonous, stupefying, narcotic, anesthetic, | ||||||
25 | or controlled substance, or gives to another person any | ||||||
26 | food containing any substance or object intended to cause |
| |||||||
| |||||||
1 | physical injury if eaten. | ||||||
2 | (3) Knowingly causes or attempts to cause a | ||||||
3 | correctional institution employee or Department of Human | ||||||
4 | Services employee to come into contact with blood, seminal | ||||||
5 | fluid, urine, or feces by throwing, tossing, or expelling | ||||||
6 | the fluid or material, and the person is an inmate of a | ||||||
7 | penal institution or is a sexually dangerous person or | ||||||
8 | sexually violent person in the custody of the Department of | ||||||
9 | Human Services. | ||||||
10 | (h) Sentence. Unless otherwise provided, aggravated | ||||||
11 | battery is a Class 3 felony. | ||||||
12 | Aggravated battery as defined in subdivision (a)(4), | ||||||
13 | (d)(4), or (g)(3) is a Class 2 felony. | ||||||
14 | Aggravated battery as defined in subdivision (a)(3) or | ||||||
15 | (g)(1) is a Class 1 felony. | ||||||
16 | Aggravated battery as defined in subdivision (a)(1) is a | ||||||
17 | Class 1 felony when the aggravated battery was intentional and | ||||||
18 | involved the infliction of torture, as defined in paragraph | ||||||
19 | (14) of subsection (b) of Section 9-1 of this Code, as the | ||||||
20 | infliction of or subjection to extreme physical pain, motivated | ||||||
21 | by an intent to increase or prolong the pain, suffering, or | ||||||
22 | agony of the victim. | ||||||
23 | Aggravated battery under subdivision (a)(5) is a
Class 1 | ||||||
24 | felony if: | ||||||
25 | (A) the person used or attempted to use a dangerous
| ||||||
26 | instrument while committing the offense; or |
| |||||||
| |||||||
1 | (B) the person caused great bodily harm or
permanent | ||||||
2 | disability or disfigurement to the other
person while | ||||||
3 | committing the offense; or | ||||||
4 | (C) the person has been previously convicted of a
| ||||||
5 | violation of subdivision (a)(5) under the laws of this
| ||||||
6 | State or laws similar to subdivision (a)(5) of any other
| ||||||
7 | state. | ||||||
8 | Aggravated battery as defined in subdivision (e)(1) is a | ||||||
9 | Class X felony. | ||||||
10 | Aggravated battery as defined in subdivision (a)(2) is a | ||||||
11 | Class X felony for which a person shall be sentenced to a term | ||||||
12 | of imprisonment of a minimum of 6 years and a maximum of 45 | ||||||
13 | years. | ||||||
14 | Aggravated battery as defined in subdivision (e)(5) is a | ||||||
15 | Class X felony for which a person shall be sentenced to a term | ||||||
16 | of imprisonment of a minimum of 12 years and a maximum of 45 | ||||||
17 | years. | ||||||
18 | Aggravated battery as defined in subdivision (e)(2), | ||||||
19 | (e)(3), or (e)(4) is a Class X felony for which a person shall | ||||||
20 | be sentenced to a term of imprisonment of a minimum of 15 years | ||||||
21 | and a maximum of 60 years. | ||||||
22 | Aggravated battery as defined in subdivision (e)(6), | ||||||
23 | (e)(7), or (e)(8) is a Class X felony for which a person shall | ||||||
24 | be sentenced to a term of imprisonment of a minimum of 20 years | ||||||
25 | and a maximum of 60 years. | ||||||
26 | Aggravated battery as defined in subdivision (b)(1) is a |
| |||||||
| |||||||
1 | Class X felony, except that: | ||||||
2 | (1) if the person committed the offense while armed | ||||||
3 | with a firearm, 15 years shall be added to the term of | ||||||
4 | imprisonment imposed by the court; | ||||||
5 | (2) if, during the commission of the offense, the | ||||||
6 | person personally discharged a firearm, 20 years shall be | ||||||
7 | added to the term of imprisonment imposed by the court; | ||||||
8 | (3) if, during the commission of the offense, the | ||||||
9 | person personally discharged a firearm that proximately | ||||||
10 | caused great bodily harm, permanent disability, permanent | ||||||
11 | disfigurement, or death to another person, 25 years or up | ||||||
12 | to a term of natural life shall be added to the term of | ||||||
13 | imprisonment imposed by the court. | ||||||
14 | (i) Definitions. For the purposes of this Section: | ||||||
15 | "Building or other structure used to provide shelter" has | ||||||
16 | the meaning ascribed to "shelter" in Section 1 of the Domestic | ||||||
17 | Violence Shelters Act. | ||||||
18 | "Domestic violence" has the meaning ascribed to it in | ||||||
19 | Section 103 of the Illinois Domestic Violence Act of 1986. | ||||||
20 | "Domestic violence shelter" means any building or other | ||||||
21 | structure used to provide shelter or other services to victims | ||||||
22 | or to the dependent children of victims of domestic violence | ||||||
23 | pursuant to the Illinois Domestic Violence Act of 1986 or the | ||||||
24 | Domestic Violence Shelters Act, or any place within 500 feet of | ||||||
25 | such a building or other structure in the case of a person who | ||||||
26 | is going to or from such a building or other structure. |
| |||||||
| |||||||
1 | "Firearm" has the meaning provided under Section 1.1
of the | ||||||
2 | Firearm Owners Identification Card Act, and does
not include an | ||||||
3 | air rifle as defined by Section 1 of the Air
Rifle Act. | ||||||
4 | "Machine gun" has the meaning ascribed to it in Section | ||||||
5 | 24-1 of this Code. | ||||||
6 | "Merchant" has the meaning ascribed to it in Section 16-0.1 | ||||||
7 | of this Code. | ||||||
8 | "Strangle" means
intentionally impeding the normal | ||||||
9 | breathing or circulation of the blood of an individual by | ||||||
10 | applying pressure on the throat
or neck of that individual or | ||||||
11 | by blocking the nose or mouth of
that individual.
| ||||||
12 | (Source: P.A. 96-201, eff. 8-10-09; 96-363, eff. 8-13-09; | ||||||
13 | 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-597, eff. | ||||||
14 | 1-1-12; incorporates 97-227, eff. 1-1-12, 97-313, eff. 1-1-12, | ||||||
15 | and 97-467, eff. 1-1-12; revised 10-12-11.)
| ||||||
16 | (720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
| ||||||
17 | Sec. 12-3.2. Domestic battery.
| ||||||
18 | (a) A person commits domestic battery if he or she | ||||||
19 | knowingly
without legal justification by any means:
| ||||||
20 | (1) Causes bodily harm to any family or household | ||||||
21 | member;
| ||||||
22 | (2) Makes physical contact of an insulting or provoking | ||||||
23 | nature with any
family or household member.
| ||||||
24 | (b) Sentence. Domestic battery is a Class A misdemeanor.
| ||||||
25 | Domestic battery is a Class 4 felony if the defendant has any
|
| |||||||
| |||||||
1 | prior
conviction under this Code for domestic battery (Section | ||||||
2 | 12-3.2) or violation
of an order of protection (Section 12-3.4 | ||||||
3 | or 12-30), or any prior conviction under the
law of another | ||||||
4 | jurisdiction for an offense which is substantially similar.
| ||||||
5 | Domestic battery is a Class 4 felony
if the
defendant has any | ||||||
6 | prior conviction under this Code for first degree murder
| ||||||
7 | (Section 9-1), attempt to
commit first degree murder (Section | ||||||
8 | 8-4), aggravated domestic battery (Section
12-3.3), aggravated | ||||||
9 | battery
(Section 12-3.05 or 12-4), heinous battery (Section | ||||||
10 | 12-4.1), aggravated battery with a
firearm (Section 12-4.2), | ||||||
11 | aggravated battery with a machine gun or a firearm equipped | ||||||
12 | with a silencer (Section 12-4.2-5), aggravated battery of a | ||||||
13 | child (Section 12-4.3),
aggravated battery of
an unborn child | ||||||
14 | (subsection (a-5) of Section 12-3.1, or Section 12-4.4), | ||||||
15 | aggravated battery of a senior citizen
(Section 12-4.6), | ||||||
16 | stalking (Section 12-7.3), aggravated stalking (Section
| ||||||
17 | 12-7.4), criminal sexual assault (Section 11-1.20 or 12-13), | ||||||
18 | aggravated criminal sexual
assault
(Section 11-1.30 or 12-14), | ||||||
19 | kidnapping (Section 10-1), aggravated kidnapping (Section | ||||||
20 | 10-2),
predatory criminal sexual assault of a child (Section | ||||||
21 | 11-1.40 or 12-14.1), aggravated
criminal sexual abuse (Section | ||||||
22 | 11-1.60 or 12-16), unlawful restraint (Section 10-3),
| ||||||
23 | aggravated unlawful restraint (Section 10-3.1), aggravated | ||||||
24 | arson (Section
20-1.1), or aggravated discharge of a firearm
| ||||||
25 | (Section 24-1.2), or any prior conviction under the law of | ||||||
26 | another
jurisdiction for any offense that is substantially |
| |||||||
| |||||||
1 | similar to the offenses
listed in this Section, when any of | ||||||
2 | these
offenses have been committed
against a
family or | ||||||
3 | household member. In addition to any other
sentencing | ||||||
4 | alternatives, for any second or subsequent conviction of | ||||||
5 | violating this
Section, the
offender shall be mandatorily | ||||||
6 | sentenced to a minimum of 72
consecutive hours of
imprisonment. | ||||||
7 | The imprisonment shall not be subject to suspension, nor shall
| ||||||
8 | the person be eligible for probation in order to reduce the | ||||||
9 | sentence.
| ||||||
10 | (c) Domestic battery committed in the presence of a child. | ||||||
11 | In addition to
any other sentencing alternatives, a defendant | ||||||
12 | who commits, in the presence of
a child, a felony domestic | ||||||
13 | battery (enhanced under subsection
(b)), aggravated domestic | ||||||
14 | battery (Section 12-3.3),
aggravated battery (Section 12-3.05 | ||||||
15 | or 12-4), unlawful restraint (Section
10-3), or aggravated | ||||||
16 | unlawful restraint (Section 10-3.1) against a family or
| ||||||
17 | household member shall be required to serve a mandatory minimum | ||||||
18 | imprisonment
of 10 days or perform 300 hours of community | ||||||
19 | service, or both. The defendant
shall further be liable for the | ||||||
20 | cost of any counseling required for the child
at the discretion | ||||||
21 | of the court in accordance
with subsection (b) of Section 5-5-6 | ||||||
22 | of the Unified Code of Corrections.
For purposes of this | ||||||
23 | Section, "child" means a person under 18
years of age
who is | ||||||
24 | the defendant's or victim's child or step-child or who is a | ||||||
25 | minor child
residing
within or visiting the household of the | ||||||
26 | defendant or victim.
|
| |||||||
| |||||||
1 | (d) Upon conviction of domestic battery, the court shall | ||||||
2 | advise the defendant orally or in writing, substantially as | ||||||
3 | follows: "An individual convicted of domestic battery may be | ||||||
4 | subject to federal criminal penalties for possessing, | ||||||
5 | transporting, shipping, or receiving any firearm or ammunition | ||||||
6 | in violation of the federal Gun Control Act of 1968 (18 U.S.C. | ||||||
7 | 922(g)(8) and (9))." A notation shall be made in the court file | ||||||
8 | that the admonition was given. | ||||||
9 | (Source: P.A. 96-287, eff. 8-11-09; 96-1551, Article 1, Section | ||||||
10 | 5, eff. 7-1-11; 96-1551, Article 2, Section 1035, eff. 7-1-11; | ||||||
11 | revised 9-30-11.)
| ||||||
12 | (720 ILCS 5/12-3.4) (was 720 ILCS 5/12-30)
| ||||||
13 | Sec. 12-3.4. Violation of an order of protection.
| ||||||
14 | (a) A person commits violation of an order of protection | ||||||
15 | if:
| ||||||
16 | (1) He or she knowingly commits an act which was | ||||||
17 | prohibited by a court or fails
to commit
an act which was | ||||||
18 | ordered by a court in violation of:
| ||||||
19 | (i) a remedy in a valid
order of protection | ||||||
20 | authorized under paragraphs (1), (2), (3), (14),
or
| ||||||
21 | (14.5) of
subsection (b) of Section 214 of the Illinois | ||||||
22 | Domestic Violence Act of 1986,
| ||||||
23 | (ii) a remedy, which is substantially similar to | ||||||
24 | the remedies
authorized
under paragraphs (1), (2), | ||||||
25 | (3), (14) or (14.5) of subsection (b) of Section 214
of |
| |||||||
| |||||||
1 | the Illinois Domestic Violence Act of 1986, in a valid | ||||||
2 | order of protection,
which is authorized under the laws | ||||||
3 | of another state, tribe or United States
territory,
| ||||||
4 | (iii) any other remedy when the act constitutes a | ||||||
5 | crime against the
protected parties
as the term | ||||||
6 | protected parties is defined in Section 112A-4 of the | ||||||
7 | Code of
Criminal Procedure of 1963; and
| ||||||
8 | (2) Such violation occurs after the offender has been | ||||||
9 | served notice of
the contents of the order, pursuant to the | ||||||
10 | Illinois Domestic Violence
Act of 1986 or any substantially | ||||||
11 | similar statute of another state, tribe or
United
States | ||||||
12 | territory, or otherwise has acquired actual knowledge of | ||||||
13 | the contents
of the
order.
| ||||||
14 | An order of protection issued by a state, tribal or | ||||||
15 | territorial
court
related to domestic or family violence shall | ||||||
16 | be deemed valid if the issuing
court had jurisdiction over the | ||||||
17 | parties and matter under the law of the state,
tribe or | ||||||
18 | territory. There shall be a presumption of validity where an | ||||||
19 | order is
certified and appears authentic on its face. For | ||||||
20 | purposes of this Section, an "order of protection" may have | ||||||
21 | been
issued in a criminal or civil proceeding.
| ||||||
22 | (a-5) Failure to provide reasonable notice and opportunity | ||||||
23 | to be heard
shall
be an affirmative defense to any charge or | ||||||
24 | process filed seeking enforcement of
a foreign order of | ||||||
25 | protection.
| ||||||
26 | (b) Nothing in this Section shall be construed to diminish |
| |||||||
| |||||||
1 | the inherent
authority of the courts to enforce their lawful | ||||||
2 | orders through civil or
criminal contempt proceedings.
| ||||||
3 | (c) The limitations placed on law enforcement liability by | ||||||
4 | Section 305 of
the Illinois Domestic Violence Act of 1986 apply | ||||||
5 | to actions taken under this
Section.
| ||||||
6 | (d) Violation of an order of protection is a Class A | ||||||
7 | misdemeanor.
Violation of an order of protection is a
Class 4 | ||||||
8 | felony if the defendant has any prior conviction under this | ||||||
9 | Code for
domestic battery (Section 12-3.2)
or violation of an | ||||||
10 | order of protection (Section 12-3.4 or
12-30). Violation of an | ||||||
11 | order of protection is a Class 4 felony if the
defendant has | ||||||
12 | any prior conviction under this Code for
first degree murder | ||||||
13 | (Section 9-1), attempt to commit first degree murder
(Section | ||||||
14 | 8-4), aggravated domestic battery (Section 12-3.3),
aggravated | ||||||
15 | battery
(Section 12-3.05 or 12-4),
heinous battery (Section | ||||||
16 | 12-4.1), aggravated battery with a firearm (Section
12-4.2), | ||||||
17 | aggravated battery with a machine gun or a firearm equipped | ||||||
18 | with a silencer (Section 12-4.2-5) , aggravated battery of a | ||||||
19 | child (Section 12-4.3), aggravated battery of
an unborn child | ||||||
20 | (subsection (a-5) of Section 12-3.1, or Section 12-4.4), | ||||||
21 | aggravated battery of a senior citizen
(Section 12-4.6),
| ||||||
22 | stalking (Section 12-7.3), aggravated stalking (Section
| ||||||
23 | 12-7.4),
criminal sexual assault (Section 11-1.20 or 12-13), | ||||||
24 | aggravated criminal sexual assault
(Section 11-1.30 or 12-14), | ||||||
25 | kidnapping (Section 10-1), aggravated kidnapping (Section | ||||||
26 | 10-2),
predatory criminal sexual assault of a child (Section |
| |||||||
| |||||||
1 | 11-1.40 or 12-14.1),
aggravated criminal sexual abuse (Section | ||||||
2 | 11-1.60 or 12-16),
unlawful restraint (Section 10-3), | ||||||
3 | aggravated unlawful restraint
(Section
10-3.1),
aggravated | ||||||
4 | arson (Section 20-1.1), aggravated discharge of a firearm
| ||||||
5 | (Section 24-1.2), or a violation of any former law of this | ||||||
6 | State that is substantially similar to any listed offense,
when | ||||||
7 | any of these offenses have been committed against a family or
| ||||||
8 | household member as defined in Section 112A-3 of the Code of | ||||||
9 | Criminal Procedure
of 1963. The court shall impose a minimum | ||||||
10 | penalty of 24 hours imprisonment for
defendant's second or | ||||||
11 | subsequent violation of any order of protection; unless
the | ||||||
12 | court explicitly finds that an increased penalty or such period | ||||||
13 | of
imprisonment would be manifestly unjust. In addition to any | ||||||
14 | other penalties,
the court may order the defendant to pay a | ||||||
15 | fine as authorized under Section
5-9-1 of the Unified Code of | ||||||
16 | Corrections or to make restitution to the victim
under Section | ||||||
17 | 5-5-6 of the Unified Code of Corrections. In addition to any
| ||||||
18 | other penalties, including those imposed by Section 5-9-1.5 of | ||||||
19 | the Unified Code
of Corrections, the court shall impose an | ||||||
20 | additional fine of $20 as authorized
by Section 5-9-1.11 of the | ||||||
21 | Unified Code of Corrections upon any person
convicted of or | ||||||
22 | placed on supervision for a violation of this
Section. The | ||||||
23 | additional fine shall
be imposed for each violation of this | ||||||
24 | Section.
| ||||||
25 | (e) (Blank).
| ||||||
26 | (f) A defendant who directed the actions of a third party |
| |||||||
| |||||||
1 | to violate this Section, under the principles of accountability | ||||||
2 | set forth in Article 5 of this Code, is guilty of violating | ||||||
3 | this Section as if the same had been personally done by the | ||||||
4 | defendant, without regard to the mental state of the third | ||||||
5 | party acting at the direction of the defendant. | ||||||
6 | (Source: P.A. 96-1551, Article 1, Section 5, eff. 7-1-11; | ||||||
7 | 96-1551, Article 2, Section 1035, eff. 7-1-11; incorporates | ||||||
8 | 97-311, eff. 8-11-11; revised 9-11-11.)
| ||||||
9 | (720 ILCS 5/12-4.4a)
| ||||||
10 | Sec. 12-4.4a. Abuse or criminal neglect of a long term care | ||||||
11 | facility resident; criminal abuse or neglect of an elderly | ||||||
12 | person or person with a disability. | ||||||
13 | (a) Abuse or criminal neglect of a long term care facility | ||||||
14 | resident. | ||||||
15 | (1) A person or an owner or licensee commits abuse of a | ||||||
16 | long term care facility resident when he or she knowingly | ||||||
17 | causes any physical or mental injury to, or commits any | ||||||
18 | sexual offense in this Code against, a resident. | ||||||
19 | (2) A person or an owner or licensee commits criminal | ||||||
20 | neglect of a long term care facility resident when he or | ||||||
21 | she recklessly: | ||||||
22 | (A) performs acts that cause a resident's life to | ||||||
23 | be endangered, health to be injured, or pre-existing | ||||||
24 | physical or mental condition to deteriorate, or that | ||||||
25 | create the substantial likelihood
that an elderly |
| |||||||
| |||||||
1 | person's or person with a disability's life
will be | ||||||
2 | endangered, health will be injured, or pre-existing
| ||||||
3 | physical or mental condition will deteriorate; | ||||||
4 | (B) fails to perform acts that he or she knows or | ||||||
5 | reasonably should know are necessary to maintain or | ||||||
6 | preserve the life or health of a resident, and that | ||||||
7 | failure causes the resident's life to be endangered, | ||||||
8 | health to be injured, or pre-existing physical or | ||||||
9 | mental condition to deteriorate, or that create the | ||||||
10 | substantial likelihood
that an elderly person's or | ||||||
11 | person with a disability's life
will be endangered, | ||||||
12 | health will be injured, or pre-existing
physical or | ||||||
13 | mental condition will deteriorate; or | ||||||
14 | (C) abandons a resident. | ||||||
15 | (3) A person or an owner or licensee commits neglect of | ||||||
16 | a long term care facility resident when he or she | ||||||
17 | negligently fails to provide adequate medical care, | ||||||
18 | personal care, or maintenance to the resident which results | ||||||
19 | in physical or mental injury or deterioration of the | ||||||
20 | resident's physical or mental condition. An owner or | ||||||
21 | licensee is guilty under this subdivision (a)(3), however, | ||||||
22 | only if the owner or licensee failed to exercise reasonable | ||||||
23 | care in the hiring, training, supervising, or providing of | ||||||
24 | staff or other related routine administrative | ||||||
25 | responsibilities. | ||||||
26 | (b) Criminal abuse or neglect of an elderly person or |
| |||||||
| |||||||
1 | person with a disability. | ||||||
2 | (1) A caregiver commits criminal abuse or neglect of an | ||||||
3 | elderly person or person with a disability when he or she | ||||||
4 | knowingly does any of the following: | ||||||
5 | (A) performs acts that cause the person's life to | ||||||
6 | be endangered, health to be injured, or pre-existing | ||||||
7 | physical or mental condition to deteriorate; | ||||||
8 | (B) fails to perform acts that he or she knows or | ||||||
9 | reasonably should know are necessary to maintain or | ||||||
10 | preserve the life or health of the person, and that | ||||||
11 | failure causes the person's life to be endangered, | ||||||
12 | health to be injured, or pre-existing physical or | ||||||
13 | mental condition to deteriorate; | ||||||
14 | (C) abandons the person; | ||||||
15 | (D) physically abuses, harasses, intimidates, or | ||||||
16 | interferes with the personal liberty of the person; or | ||||||
17 | (E) exposes the person to willful deprivation. | ||||||
18 | (2) It is not a defense to criminal abuse or neglect of | ||||||
19 | an elderly person or person with a disability that the | ||||||
20 | caregiver reasonably believed that the victim was not an | ||||||
21 | elderly person or person with a disability. | ||||||
22 | (c) Offense not applicable. | ||||||
23 | (1) Nothing in this Section applies to a physician | ||||||
24 | licensed to practice medicine in all its branches or a duly | ||||||
25 | licensed nurse providing care within the scope of his or | ||||||
26 | her professional judgment and within the accepted |
| |||||||
| |||||||
1 | standards of care within the community. | ||||||
2 | (2) Nothing in this Section imposes criminal liability | ||||||
3 | on a caregiver who made a good faith effort to provide for | ||||||
4 | the health and personal care of an elderly person or person | ||||||
5 | with a disability, but through no fault of his or her own | ||||||
6 | was unable to provide such care. | ||||||
7 | (3) Nothing in this Section applies to the medical | ||||||
8 | supervision, regulation, or control of the remedial care or | ||||||
9 | treatment of residents in a long term care facility | ||||||
10 | conducted for those who rely upon treatment by prayer or | ||||||
11 | spiritual means in accordance with the creed or tenets of | ||||||
12 | any well-recognized church or religious denomination as | ||||||
13 | described in Section 3-803 of the Nursing Home Care Act , | ||||||
14 | Section 3-803 of the Specialized Mental Health | ||||||
15 | Rehabilitation Act, or Section 3-803 of the ID/DD MR/DD | ||||||
16 | Community Care Act. | ||||||
17 | (4) Nothing in this Section prohibits a caregiver from | ||||||
18 | providing treatment to an elderly person or person with a | ||||||
19 | disability by spiritual means through prayer alone and care | ||||||
20 | consistent therewith in lieu of medical care and treatment | ||||||
21 | in accordance with the tenets and practices of any church | ||||||
22 | or religious denomination of which the elderly person or | ||||||
23 | person with a disability is a member. | ||||||
24 | (5) Nothing in this Section limits the remedies | ||||||
25 | available to the victim under the Illinois Domestic | ||||||
26 | Violence Act of 1986. |
| |||||||
| |||||||
1 | (d) Sentence. | ||||||
2 | (1) Long term care facility. Abuse of a long term care | ||||||
3 | facility resident is a Class 3 felony. Criminal neglect of | ||||||
4 | a long term care facility resident is a Class 4 felony, | ||||||
5 | unless it results in the resident's death in which case it | ||||||
6 | is a Class 3 felony. Neglect of a long term care facility | ||||||
7 | resident is a petty offense. | ||||||
8 | (2) Caregiver. Criminal abuse or neglect of an elderly | ||||||
9 | person or person with a disability is a Class 3 felony, | ||||||
10 | unless it results in the person's death in which case it is | ||||||
11 | a Class 2 felony, and if imprisonment is imposed it shall | ||||||
12 | be for a minimum term of 3 years and a maximum term of 14 | ||||||
13 | years. | ||||||
14 | (e) Definitions. For the purposes of this Section: | ||||||
15 | "Abandon" means to desert or knowingly forsake a resident | ||||||
16 | or an
elderly person or person with a disability under
| ||||||
17 | circumstances in which a reasonable person
would continue to | ||||||
18 | provide care and custody. | ||||||
19 | "Caregiver" means a person who has a duty to provide for an | ||||||
20 | elderly person or person with a
disability's health and | ||||||
21 | personal care, at the elderly person or person with a | ||||||
22 | disability's place of residence, including, but not limited to, | ||||||
23 | food and nutrition, shelter, hygiene, prescribed medication, | ||||||
24 | and medical care and treatment, and
includes any of the | ||||||
25 | following: | ||||||
26 | (1) A parent, spouse, adult child, or other relative by |
| |||||||
| |||||||
1 | blood or marriage
who resides with or resides in the same | ||||||
2 | building with or regularly
visits
the elderly person or | ||||||
3 | person with a disability, knows
or reasonably should know | ||||||
4 | of such person's physical or mental impairment,
and knows | ||||||
5 | or reasonably should know that such person is unable to
| ||||||
6 | adequately provide for his or her own health and personal | ||||||
7 | care. | ||||||
8 | (2) A person who is employed by the elderly person or
| ||||||
9 | person with a disability or by
another to reside with or | ||||||
10 | regularly visit the elderly person or person with a | ||||||
11 | disability
and provide for such person's health and | ||||||
12 | personal care. | ||||||
13 | (3) A person who has agreed for consideration to reside | ||||||
14 | with or
regularly visit the elderly person or person with a
| ||||||
15 | disability and provide for such
person's health and | ||||||
16 | personal care. | ||||||
17 | (4) A person who has been appointed by a private or | ||||||
18 | public agency or by
a court of competent jurisdiction to | ||||||
19 | provide for the elderly person or
person with a | ||||||
20 | disability's health and personal care. | ||||||
21 | "Caregiver" does not include a long-term care facility | ||||||
22 | licensed or
certified under the Nursing Home Care Act or a | ||||||
23 | facility licensed or certified under the ID/DD MR/DD Community | ||||||
24 | Care Act or the Specialized Mental Health Rehabilitation Act , | ||||||
25 | or any administrative, medical, or
other personnel of such a | ||||||
26 | facility, or a health care provider who is licensed
under the |
| |||||||
| |||||||
1 | Medical Practice Act of 1987 and renders care in the ordinary
| ||||||
2 | course of his or her profession. | ||||||
3 | "Elderly person" means a person 60
years of age or older | ||||||
4 | who is incapable of
adequately providing for his or her own | ||||||
5 | health and personal care. | ||||||
6 | "Licensee" means the individual or entity licensed to | ||||||
7 | operate a
facility under the Nursing Home Care Act, the | ||||||
8 | Specialized Mental Health Rehabilitation Act, the ID/DD MR/DD | ||||||
9 | Community Care Act, or the Assisted Living and Shared
Housing | ||||||
10 | Act. | ||||||
11 | "Long term care facility" means a private home,
| ||||||
12 | institution, building, residence, or other place, whether | ||||||
13 | operated for
profit or not, or a county home for the infirm and | ||||||
14 | chronically ill operated
pursuant to Division 5-21 or 5-22 of | ||||||
15 | the Counties Code, or any similar
institution operated by
the | ||||||
16 | State of Illinois or a political subdivision thereof, which | ||||||
17 | provides,
through its ownership or management, personal care, | ||||||
18 | sheltered care, or
nursing for 3 or more persons not related to | ||||||
19 | the owner by blood or
marriage. The term also includes skilled | ||||||
20 | nursing facilities and
intermediate care facilities as defined | ||||||
21 | in Titles XVIII and XIX of the
federal Social Security Act and | ||||||
22 | assisted living establishments and shared
housing | ||||||
23 | establishments licensed under the Assisted Living and Shared | ||||||
24 | Housing
Act. | ||||||
25 | "Owner" means the owner a long term care facility as
| ||||||
26 | provided in the Nursing Home Care Act, the owner of a facility |
| |||||||
| |||||||
1 | as provided under the Specialized Mental Health Rehabilitation | ||||||
2 | Act, the owner of a facility as provided in the ID/DD MR/DD | ||||||
3 | Community Care Act, or the owner of an assisted living or | ||||||
4 | shared
housing establishment as provided in the Assisted Living | ||||||
5 | and Shared Housing Act. | ||||||
6 | "Person with a disability" means a person who
suffers from | ||||||
7 | a permanent physical or mental impairment, resulting from
| ||||||
8 | disease, injury, functional disorder, or congenital condition, | ||||||
9 | which renders
the person incapable of adequately providing for | ||||||
10 | his or her own health and personal
care. | ||||||
11 | "Resident" means a person residing in a long term care | ||||||
12 | facility. | ||||||
13 | "Willful deprivation" has the meaning ascribed to it in | ||||||
14 | paragraph
(15) of Section 103 of the Illinois Domestic Violence | ||||||
15 | Act of 1986.
| ||||||
16 | (Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-38, eff. | ||||||
17 | 6-28-11, and 97-227, eff. 1-1-12; revised 9-12-11.)
| ||||||
18 | (720 ILCS 5/12-6.2)
| ||||||
19 | Sec. 12-6.2. Aggravated intimidation.
| ||||||
20 | (a) A person commits aggravated intimidation when he or she
| ||||||
21 | commits intimidation and:
| ||||||
22 | (1) the person committed the offense in furtherance of | ||||||
23 | the activities of
an organized gang or because of the | ||||||
24 | person's membership in or allegiance to an
organized gang; | ||||||
25 | or
|
| |||||||
| |||||||
1 | (2) the offense is committed with the intent to prevent | ||||||
2 | any person from
becoming a community policing volunteer; or
| ||||||
3 | (3) the following conditions are met:
| ||||||
4 | (A) the person knew that the victim was a peace | ||||||
5 | officer,
a correctional
institution employee, a | ||||||
6 | fireman, a community policing volunteer , ; or (v) a | ||||||
7 | civilian reporting information regarding a forcible | ||||||
8 | felony to a law enforcement agency;
and
| ||||||
9 | (B) the offense was committed: | ||||||
10 | (i) while the victim was engaged in the
| ||||||
11 | execution of his or her official duties; or | ||||||
12 | (ii) to prevent the victim from
performing his | ||||||
13 | or her official duties; | ||||||
14 | (iii) in retaliation for the victim's
| ||||||
15 | performance of his or her official duties; | ||||||
16 | (iv) by reason of any person's
activity as a | ||||||
17 | community policing volunteer; or
| ||||||
18 | (v) because the person reported information | ||||||
19 | regarding a forcible felony to a law enforcement | ||||||
20 | agency. | ||||||
21 | (b) Sentence. Aggravated intimidation as defined in | ||||||
22 | paragraph (a)(1) is
a Class 1
felony. Aggravated intimidation | ||||||
23 | as defined in paragraph (a)(2) or (a)(3) is
a Class 2 felony
| ||||||
24 | for which the offender may be sentenced to a term of | ||||||
25 | imprisonment of not less
than 3 years nor more than 14 years.
| ||||||
26 | (c) (Blank).
|
| |||||||
| |||||||
1 | (Source: P.A. 96-1551, eff. 7-1-11; 97-162, eff. 1-1-12; | ||||||
2 | revised 9-12-11.)
| ||||||
3 | (720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
| ||||||
4 | Sec. 12-7.1. Hate crime.
| ||||||
5 | (a) A person commits hate crime when, by reason of the | ||||||
6 | actual or
perceived race, color, creed, religion, ancestry, | ||||||
7 | gender, sexual orientation,
physical or mental disability, or | ||||||
8 | national origin of another individual or
group of individuals, | ||||||
9 | regardless of the existence of any other motivating
factor or | ||||||
10 | factors, he commits assault, battery, aggravated assault, | ||||||
11 | misdemeanor
theft, criminal trespass to residence, misdemeanor | ||||||
12 | criminal damage
to property, criminal trespass to vehicle, | ||||||
13 | criminal trespass to real property,
mob action or disorderly | ||||||
14 | conduct as these crimes are defined in Sections 12-1,
12-2, | ||||||
15 | 12-3(a), 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, and 26-1 of this | ||||||
16 | Code,
respectively, or harassment by telephone as defined in | ||||||
17 | Section 1-1 of the
Harassing and Obscene Communications Act, or | ||||||
18 | harassment through electronic
communications as defined in | ||||||
19 | clauses (a)(2) and (a)(4) of Section 1-2 of the Harassing and
| ||||||
20 | Obscene Communications Act.
| ||||||
21 | (b) Except as provided in subsection (b-5), hate crime is a | ||||||
22 | Class 4
felony for a first offense and a Class 2 felony for a | ||||||
23 | second or subsequent
offense.
| ||||||
24 | (b-5) Hate crime is a Class 3 felony for a first offense | ||||||
25 | and a Class 2
felony for a second or subsequent offense if |
| |||||||
| |||||||
1 | committed:
| ||||||
2 | (1) in a church, synagogue, mosque, or other building, | ||||||
3 | structure, or place
used for religious worship or other | ||||||
4 | religious purpose;
| ||||||
5 | (2) in a cemetery, mortuary, or other facility used for | ||||||
6 | the purpose of
burial or memorializing the dead;
| ||||||
7 | (3) in a school or other educational facility, | ||||||
8 | including an administrative facility or public or private | ||||||
9 | dormitory facility of or associated with the school or | ||||||
10 | other educational facility;
| ||||||
11 | (4) in a public park or an ethnic or religious | ||||||
12 | community center;
| ||||||
13 | (5) on the real property comprising any location | ||||||
14 | specified in
clauses (1) through (4) of this subsection | ||||||
15 | (b-5); or
| ||||||
16 | (6) on a public way within 1,000 feet of the real | ||||||
17 | property comprising any
location specified in clauses (1) | ||||||
18 | through (4) of this subsection (b-5).
| ||||||
19 | (b-10) Upon imposition of any sentence,
the trial
court | ||||||
20 | shall also either order restitution paid to the victim
or | ||||||
21 | impose a fine up to $1,000. In addition, any order of probation | ||||||
22 | or
conditional discharge entered following a conviction or an | ||||||
23 | adjudication of
delinquency shall include a condition that the | ||||||
24 | offender perform public or
community service of no less than | ||||||
25 | 200 hours if that service is established in
the county where | ||||||
26 | the offender was convicted of hate crime. In addition, any |
| |||||||
| |||||||
1 | order of probation or
conditional discharge entered following a | ||||||
2 | conviction or an adjudication of
delinquency shall include a | ||||||
3 | condition that the offender enroll in an educational program | ||||||
4 | discouraging hate crimes if the offender caused criminal damage
| ||||||
5 | to property consisting of religious fixtures, objects, or | ||||||
6 | decorations. The educational program may be administered, as | ||||||
7 | determined by the court, by a university, college, community | ||||||
8 | college, non-profit organization, or the Holocaust and | ||||||
9 | Genocide Commission. Nothing in this subsection (b-10) | ||||||
10 | prohibits courses discouraging hate crimes from being made | ||||||
11 | available online. The court may also
impose any other condition | ||||||
12 | of probation or conditional discharge under this
Section.
| ||||||
13 | (c) Independent of any criminal prosecution or the result
| ||||||
14 | thereof, any
person suffering injury to his person or damage to | ||||||
15 | his property as a result
of hate crime may bring a civil action | ||||||
16 | for damages, injunction
or other appropriate relief. The court | ||||||
17 | may award actual damages, including
damages for emotional | ||||||
18 | distress, or punitive damages. A judgment may include
| ||||||
19 | attorney's fees and costs. The parents or legal guardians, | ||||||
20 | other than
guardians appointed pursuant to the Juvenile Court | ||||||
21 | Act or the Juvenile
Court Act of 1987, of an unemancipated | ||||||
22 | minor shall be liable for the amount
of any judgment for actual | ||||||
23 | damages rendered against such minor under this
subsection (c) | ||||||
24 | in any amount not exceeding the amount provided under
Section 5 | ||||||
25 | of the Parental Responsibility Law.
| ||||||
26 | (d) "Sexual orientation" means heterosexuality, |
| |||||||
| |||||||
1 | homosexuality,
or bisexuality.
| ||||||
2 | (Source: P.A. 96-1551, eff. 7-1-11; 97-161, eff. 1-1-12; | ||||||
3 | revised 9-19-11.)
| ||||||
4 | (720 ILCS 5/12-7.3) (from Ch. 38, par. 12-7.3)
| ||||||
5 | Sec. 12-7.3. Stalking.
| ||||||
6 | (a) A person commits stalking when he or she knowingly | ||||||
7 | engages in a course of conduct directed at a specific person, | ||||||
8 | and he or she knows or should know that this course of conduct | ||||||
9 | would cause a reasonable person to: | ||||||
10 | (1) fear for his or her safety or the safety of a third | ||||||
11 | person; or | ||||||
12 | (2) suffer other emotional distress. | ||||||
13 | (a-3) A person commits stalking when he or she, knowingly | ||||||
14 | and without
lawful justification, on at least 2 separate | ||||||
15 | occasions follows
another person
or places the person under | ||||||
16 | surveillance or any combination thereof and:
| ||||||
17 | (1) at any time transmits a threat of immediate or | ||||||
18 | future bodily harm, sexual
assault, confinement or | ||||||
19 | restraint and the threat is directed towards that
person or | ||||||
20 | a family member of that
person; or
| ||||||
21 | (2) places that person in reasonable apprehension of | ||||||
22 | immediate or future
bodily harm, sexual assault, | ||||||
23 | confinement or restraint to or of that person or a family | ||||||
24 | member of that person.
| ||||||
25 | (a-5) A person commits stalking when he or she has |
| |||||||
| |||||||
1 | previously been
convicted of stalking another person and | ||||||
2 | knowingly and without lawful
justification on one occasion:
| ||||||
3 | (1) follows that same person or places that same person | ||||||
4 | under
surveillance; and
| ||||||
5 | (2) transmits a threat of immediate or future bodily | ||||||
6 | harm, sexual
assault, confinement or restraint to that | ||||||
7 | person or a family member of that person.
| ||||||
8 | (b) Sentence.
Stalking is a Class 4 felony; a second or | ||||||
9 | subsequent
conviction is a Class 3 felony.
| ||||||
10 | (c) Definitions. For purposes of this Section: | ||||||
11 | (1) "Course of conduct" means 2 or more acts, including | ||||||
12 | but not limited to acts in which a defendant directly, | ||||||
13 | indirectly, or through third parties, by any action, | ||||||
14 | method, device, or means follows, monitors, observes, | ||||||
15 | surveils, threatens, or communicates to or about, a person, | ||||||
16 | engages in other non-consensual contact, or interferes | ||||||
17 | with or damages a person's property or pet. A course of | ||||||
18 | conduct may include contact via electronic communications. | ||||||
19 | (2) "Electronic communication" means any transfer of | ||||||
20 | signs, signals, writings, sounds, data, or intelligence of | ||||||
21 | any nature transmitted in whole or in part by a wire, | ||||||
22 | radio, electromagnetic, photoelectric, or photo-optical | ||||||
23 | system. "Electronic communication" includes transmissions | ||||||
24 | by a computer through the Internet to another computer. | ||||||
25 | (3) "Emotional distress" means significant mental | ||||||
26 | suffering, anxiety or alarm. |
| |||||||
| |||||||
1 | (4) "Family member" means a parent,
grandparent, | ||||||
2 | brother, sister, or child, whether by whole blood, | ||||||
3 | half-blood, or
adoption and includes a step-grandparent, | ||||||
4 | step-parent, step-brother,
step-sister or step-child. | ||||||
5 | "Family member" also means any other person who
regularly | ||||||
6 | resides in the household, or who, within the prior 6 | ||||||
7 | months,
regularly resided in the household. | ||||||
8 | (5) "Follows another person" means (i) to
move in | ||||||
9 | relative proximity to a person as that person moves from | ||||||
10 | place to place
or (ii) to remain in relative proximity to a | ||||||
11 | person who is stationary or whose
movements are confined to | ||||||
12 | a small area.
"Follows another person" does not
include a | ||||||
13 | following within the residence of the defendant. | ||||||
14 | (6) "Non-consensual contact" means any contact with | ||||||
15 | the victim that is initiated or continued without the | ||||||
16 | victim's consent, including but not limited to being in the | ||||||
17 | physical presence of the victim; appearing within the sight | ||||||
18 | of the victim; approaching or confronting the victim in a | ||||||
19 | public place or on private property; appearing at the | ||||||
20 | workplace or residence of the victim; entering onto or | ||||||
21 | remaining on property owned, leased, or occupied by the | ||||||
22 | victim; or placing an object on, or delivering an object | ||||||
23 | to, property owned, leased, or occupied by the victim. | ||||||
24 | (7) "Places a person under
surveillance" means: (1) | ||||||
25 | remaining present outside the person's school, place of
| ||||||
26 | employment, vehicle, other place occupied by the person, or |
| |||||||
| |||||||
1 | residence other
than the residence of the defendant; or (2) | ||||||
2 | placing an electronic tracking device on the person or the | ||||||
3 | person's property. | ||||||
4 | (8) "Reasonable person" means a person in the victim's | ||||||
5 | situation. | ||||||
6 | (9) "Transmits a threat" means a verbal
or
written | ||||||
7 | threat or a threat implied by a pattern of conduct or a | ||||||
8 | combination of
verbal or written statements or conduct. | ||||||
9 | (d) Exemptions. | ||||||
10 | (1) This Section does not apply to any individual or | ||||||
11 | organization (i) monitoring or attentive to compliance | ||||||
12 | with public or worker safety laws, wage and hour | ||||||
13 | requirements, or other statutory requirements, or (ii) | ||||||
14 | picketing occurring at the workplace that is otherwise | ||||||
15 | lawful and arises out of a bona fide labor dispute, | ||||||
16 | including any controversy concerning wages, salaries, | ||||||
17 | hours, working conditions or benefits, including health | ||||||
18 | and welfare, sick leave, insurance, and pension or | ||||||
19 | retirement provisions, the making or maintaining of | ||||||
20 | collective bargaining agreements, and the terms to be | ||||||
21 | included in those agreements. | ||||||
22 | (2) This Section does not apply to an exercise of the | ||||||
23 | right to free speech or assembly that is otherwise lawful. | ||||||
24 | (3) Telecommunications carriers, commercial mobile | ||||||
25 | service providers, and providers of information services, | ||||||
26 | including, but not limited to, Internet service providers |
| |||||||
| |||||||
1 | and hosting service providers, are not liable under this | ||||||
2 | Section, except for willful and wanton misconduct, by | ||||||
3 | virtue of the transmission, storage, or caching of | ||||||
4 | electronic communications or messages of others or by | ||||||
5 | virtue of the provision of other related | ||||||
6 | telecommunications, commercial mobile services, or | ||||||
7 | information services used by others in violation of this | ||||||
8 | Section. | ||||||
9 | (d-5) The incarceration of a person in a penal institution | ||||||
10 | who commits the course of conduct or transmits a
threat is not | ||||||
11 | a bar to prosecution under this Section.
| ||||||
12 | (d-10) A defendant who directed the actions of a third | ||||||
13 | party to violate this Section, under the principles of | ||||||
14 | accountability set forth in Article 5 of this Code, is guilty | ||||||
15 | of violating this Section as if the same had been personally | ||||||
16 | done by the defendant, without regard to the mental state of | ||||||
17 | the third party acting at the direction of the defendant. | ||||||
18 | (Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11; | ||||||
19 | 97-311, eff. 8-11-11; revised 9-19-11.)
| ||||||
20 | (720 ILCS 5/12-7.4) (from Ch. 38, par. 12-7.4)
| ||||||
21 | Sec. 12-7.4. Aggravated stalking.
| ||||||
22 | (a) A person commits
aggravated stalking when he or she | ||||||
23 | commits stalking and:
| ||||||
24 | (1) causes bodily harm to the victim;
| ||||||
25 | (2) confines or restrains the victim; or
|
| |||||||
| |||||||
1 | (3) violates a temporary
restraining order, an order of | ||||||
2 | protection, a stalking no contact order, a civil no contact | ||||||
3 | order, or an injunction
prohibiting the behavior described | ||||||
4 | in
subsection (b)(1) of Section 214 of the Illinois | ||||||
5 | Domestic Violence Act of 1986.
| ||||||
6 | (a-1) A person commits
aggravated stalking when he or she | ||||||
7 | is required to register under the Sex Offender Registration Act | ||||||
8 | or has been previously required to register under that Act and | ||||||
9 | commits the offense of stalking when the victim of the stalking | ||||||
10 | is also the victim of the offense for which the sex offender is | ||||||
11 | required to register under the Sex Offender Registration Act or | ||||||
12 | a family member of the victim. | ||||||
13 | (b) Sentence. Aggravated stalking is a Class 3 felony; a | ||||||
14 | second or
subsequent conviction is a Class 2
felony.
| ||||||
15 | (c) Exemptions. | ||||||
16 | (1) This Section does not apply to any individual or | ||||||
17 | organization (i) monitoring or attentive to compliance | ||||||
18 | with public or worker safety laws, wage and hour | ||||||
19 | requirements, or other statutory requirements, or (ii) | ||||||
20 | picketing occurring at the
workplace that is otherwise | ||||||
21 | lawful and arises out of a bona fide labor
dispute | ||||||
22 | including any controversy concerning wages, salaries, | ||||||
23 | hours, working conditions or benefits, including health | ||||||
24 | and welfare, sick leave, insurance, and pension or | ||||||
25 | retirement provisions, the managing or maintenance of | ||||||
26 | collective bargaining agreements, and the terms to be |
| |||||||
| |||||||
1 | included in those agreements. | ||||||
2 | (2) This Section does not apply to an exercise of the | ||||||
3 | right of free speech or assembly that is
otherwise lawful.
| ||||||
4 | (3) Telecommunications carriers, commercial mobile | ||||||
5 | service providers, and providers of information services, | ||||||
6 | including, but not limited to, Internet service providers | ||||||
7 | and hosting service providers, are not liable under this | ||||||
8 | Section, except for willful and wanton misconduct, by | ||||||
9 | virtue of the transmission, storage, or caching of | ||||||
10 | electronic communications or messages of others or by | ||||||
11 | virtue of the provision of other related | ||||||
12 | telecommunications, commercial mobile services, or | ||||||
13 | information services used by others in violation of this | ||||||
14 | Section.
| ||||||
15 | (d) A defendant who directed the actions of a third party | ||||||
16 | to violate this Section, under the principles of accountability | ||||||
17 | set forth in Article 5 of this Code, is guilty of violating | ||||||
18 | this Section as if the same had been personally done by the | ||||||
19 | defendant, without regard to the mental state of the third | ||||||
20 | party acting at the direction of the defendant. | ||||||
21 | (Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11; | ||||||
22 | 97-311, eff. 8-11-11; 97-468, eff. 1-1-12; revised 9-12-11.)
| ||||||
23 | (720 ILCS 5/12-7.5)
| ||||||
24 | Sec. 12-7.5. Cyberstalking.
| ||||||
25 | (a) A person commits cyberstalking when he or she engages |
| |||||||
| |||||||
1 | in a course of conduct using electronic communication directed | ||||||
2 | at a specific person, and he or she knows or should know that | ||||||
3 | would cause a reasonable person to: | ||||||
4 | (1) fear for his or her safety or the safety of a third | ||||||
5 | person; or | ||||||
6 | (2) suffer other emotional distress. | ||||||
7 | (a-3) A person commits cyberstalking when he or she, | ||||||
8 | knowingly and without
lawful justification, on at least 2 | ||||||
9 | separate occasions, harasses another person
through the use of | ||||||
10 | electronic communication and:
| ||||||
11 | (1) at any time transmits a threat of immediate or | ||||||
12 | future bodily harm,
sexual assault, confinement, or | ||||||
13 | restraint and the threat is directed towards
that person or | ||||||
14 | a family member of that person; or
| ||||||
15 | (2) places that person or a family member of that | ||||||
16 | person in reasonable
apprehension of immediate or future | ||||||
17 | bodily harm, sexual assault, confinement,
or restraint; or
| ||||||
18 | (3) at any time knowingly solicits the commission of an | ||||||
19 | act by any person which would be a violation of this Code | ||||||
20 | directed towards that person or a family member of that | ||||||
21 | person. | ||||||
22 | (a-5) A person commits cyberstalking when he or she, | ||||||
23 | knowingly and without lawful justification, creates and | ||||||
24 | maintains an Internet website or webpage which is accessible to | ||||||
25 | one or more third parties for a period of at least 24 hours, | ||||||
26 | and which contains statements harassing another person and: |
| |||||||
| |||||||
1 | (1) which communicates a threat of immediate or future | ||||||
2 | bodily harm, sexual assault, confinement, or restraint, | ||||||
3 | where the threat is directed towards that person or a | ||||||
4 | family member of that person, or | ||||||
5 | (2) which places that person or a family member of that | ||||||
6 | person in reasonable apprehension of immediate or future | ||||||
7 | bodily harm, sexual assault, confinement, or restraint, or | ||||||
8 | (3) which knowingly solicits the commission of an act | ||||||
9 | by any person which would be a violation of this Code | ||||||
10 | directed towards that person or a family member of that | ||||||
11 | person.
| ||||||
12 | (b) Sentence. Cyberstalking is a Class 4 felony; a second | ||||||
13 | or subsequent
conviction is a Class 3 felony.
| ||||||
14 | (c) For purposes of this Section: | ||||||
15 | (1) "Course of conduct" means 2 or more acts, including | ||||||
16 | but not limited to acts in which a defendant directly, | ||||||
17 | indirectly, or through third parties, by any action, | ||||||
18 | method, device, or means follows, monitors, observes, | ||||||
19 | surveils, threatens, or communicates to or about, a person, | ||||||
20 | engages in other non-consensual contact, or interferes | ||||||
21 | with or damages a person's property or pet. The | ||||||
22 | incarceration in a penal institution of a person who | ||||||
23 | commits the course of conduct is not a bar to prosecution | ||||||
24 | under this Section. | ||||||
25 | (2) "Electronic communication" means any transfer of | ||||||
26 | signs, signals, writings, sounds, data, or intelligence of |
| |||||||
| |||||||
1 | any nature transmitted in whole or in part by a wire, | ||||||
2 | radio, electromagnetic, photoelectric, or photo-optical | ||||||
3 | system. "Electronic communication" includes transmissions | ||||||
4 | through an electronic device including, but not limited to, | ||||||
5 | a telephone, cellular phone, computer, or pager, which | ||||||
6 | communication includes, but is not limited to, e-mail, | ||||||
7 | instant message, text message, or voice mail. | ||||||
8 | (3) "Emotional distress" means significant mental | ||||||
9 | suffering, anxiety or alarm. | ||||||
10 | (4) "Harass"
means to engage in a knowing and willful | ||||||
11 | course of conduct directed at a
specific person
that | ||||||
12 | alarms, torments, or terrorizes that person. | ||||||
13 | (5) "Non-consensual contact" means any contact with | ||||||
14 | the victim that is initiated or continued without the | ||||||
15 | victim's consent, including but not limited to being in the | ||||||
16 | physical presence of the victim; appearing within the sight | ||||||
17 | of the victim; approaching or confronting the victim in a | ||||||
18 | public place or on private property; appearing at the | ||||||
19 | workplace or residence of the victim; entering onto or | ||||||
20 | remaining on property owned, leased, or occupied by the | ||||||
21 | victim; or placing an object on, or delivering an object | ||||||
22 | to, property owned, leased, or occupied by the victim. | ||||||
23 | (6) "Reasonable person" means a person in the victim's | ||||||
24 | circumstances, with the victim's knowledge of the | ||||||
25 | defendant and the defendant's prior acts. | ||||||
26 | (7) "Third party" means any person other than the |
| |||||||
| |||||||
1 | person violating these provisions and the person or persons | ||||||
2 | towards whom the violator's actions are directed. | ||||||
3 | (d) Telecommunications carriers, commercial mobile service | ||||||
4 | providers, and providers of information services, including, | ||||||
5 | but not limited to, Internet service providers and hosting | ||||||
6 | service providers, are not liable under this Section, except | ||||||
7 | for willful and wanton misconduct, by virtue of the | ||||||
8 | transmission, storage, or caching of electronic communications | ||||||
9 | or messages of others or by virtue of the provision of other | ||||||
10 | related telecommunications, commercial mobile services, or | ||||||
11 | information services used by others in violation of this | ||||||
12 | Section. | ||||||
13 | (e) A defendant who directed the actions of a third party | ||||||
14 | to violate this Section, under the principles of accountability | ||||||
15 | set forth in Article 5 of this Code, is guilty of violating | ||||||
16 | this Section as if the same had been personally done by the | ||||||
17 | defendant, without regard to the mental state of the third | ||||||
18 | party acting at the direction of the defendant. | ||||||
19 | (Source: P.A. 96-328, eff. 8-11-09; 96-686, eff. 1-1-10; | ||||||
20 | 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-303, eff. | ||||||
21 | 8-11-11; 97-311, eff. 8-11-11; revised 9-12-11.)
| ||||||
22 | (720 ILCS 5/16-0.1) | ||||||
23 | Sec. 16-0.1. Definitions. In this Article, unless the | ||||||
24 | context clearly requires otherwise, the following terms are | ||||||
25 | defined as indicated: |
| |||||||
| |||||||
1 | "Access" means to use, instruct, communicate with, store | ||||||
2 | data in, retrieve or intercept data from, or otherwise utilize | ||||||
3 | any services of a computer. | ||||||
4 | "Coin-operated machine" includes any automatic vending | ||||||
5 | machine or any part thereof, parking meter, coin telephone, | ||||||
6 | coin-operated transit turnstile, transit fare box, coin | ||||||
7 | laundry machine, coin dry cleaning machine, amusement machine, | ||||||
8 | music machine, vending machine dispensing goods or services, or | ||||||
9 | money changer. | ||||||
10 | "Communication device" means any type of instrument, | ||||||
11 | device, machine, or equipment which is capable of transmitting, | ||||||
12 | acquiring, decrypting, or receiving any telephonic, | ||||||
13 | electronic, data, Internet access, audio, video, microwave, or | ||||||
14 | radio transmissions, signals, communications, or services, | ||||||
15 | including the receipt, acquisition, transmission, or | ||||||
16 | decryption of all such communications, transmissions, signals, | ||||||
17 | or services provided by or through any cable television, fiber | ||||||
18 | optic, telephone, satellite, microwave, radio, Internet-based, | ||||||
19 | data transmission, or wireless distribution network, system or | ||||||
20 | facility; or any part, accessory, or component thereof, | ||||||
21 | including any computer circuit, security module, smart card, | ||||||
22 | software, computer chip, electronic mechanism or other | ||||||
23 | component, accessory or part of any communication device which | ||||||
24 | is capable of facilitating the transmission, decryption, | ||||||
25 | acquisition or reception of all such communications, | ||||||
26 | transmissions, signals, or services. |
| |||||||
| |||||||
1 | "Communication service" means any service lawfully | ||||||
2 | provided for a charge or compensation to facilitate the lawful | ||||||
3 | origination, transmission, emission, or reception of signs, | ||||||
4 | signals, data, writings, images, and sounds or intelligence of | ||||||
5 | any nature by telephone, including cellular telephones or a | ||||||
6 | wire, wireless, radio, electromagnetic, photo-electronic or | ||||||
7 | photo-optical system; and also any service lawfully provided by | ||||||
8 | any radio, telephone, cable television, fiber optic, | ||||||
9 | satellite, microwave, Internet-based or wireless distribution | ||||||
10 | network, system, facility or technology, including, but not | ||||||
11 | limited to, any and all electronic, data, video, audio, | ||||||
12 | Internet access, telephonic, microwave and radio | ||||||
13 | communications, transmissions, signals and services, and any | ||||||
14 | such communications, transmissions, signals and services | ||||||
15 | lawfully provided directly or indirectly by or through any of | ||||||
16 | those networks, systems, facilities or technologies. | ||||||
17 | "Communication service provider" means: (1) any person or | ||||||
18 | entity providing any communication service, whether directly | ||||||
19 | or indirectly, as a reseller, including, but not limited to, a | ||||||
20 | cellular, paging or other wireless communications company or | ||||||
21 | other person or entity which, for a fee, supplies the facility, | ||||||
22 | cell site, mobile telephone switching office or other equipment | ||||||
23 | or communication service; (2) any person or entity owning or | ||||||
24 | operating any cable television, fiber optic, satellite, | ||||||
25 | telephone, wireless, microwave, radio, data transmission or | ||||||
26 | Internet-based distribution network, system or facility; and |
| |||||||
| |||||||
1 | (3) any person or entity providing any communication service | ||||||
2 | directly or indirectly by or through any such distribution | ||||||
3 | system, network or facility. | ||||||
4 | "Computer" means a device that accepts, processes, stores, | ||||||
5 | retrieves or outputs data, and includes but is not limited to | ||||||
6 | auxiliary storage and telecommunications devices connected to | ||||||
7 | computers. | ||||||
8 | "Continuing
course of conduct" means a series of acts, and | ||||||
9 | the accompanying
mental state necessary for the crime in | ||||||
10 | question, irrespective
of whether the series of acts are | ||||||
11 | continuous or intermittent. | ||||||
12 | "Delivery container" means any bakery basket of wire or | ||||||
13 | plastic used to transport or store bread or bakery products, | ||||||
14 | any dairy case of wire or plastic used to transport or store | ||||||
15 | dairy products, and any dolly or cart of 2 or 4 wheels used to | ||||||
16 | transport or store any bakery or dairy product. | ||||||
17 | "Document-making implement" means any implement, | ||||||
18 | impression, template, computer file, computer disc, electronic | ||||||
19 | device, computer hardware, computer software, instrument, or | ||||||
20 | device that is used to make a real or fictitious or fraudulent | ||||||
21 | personal identification document. | ||||||
22 | "Financial transaction device" means any of the following: | ||||||
23 | (1) An electronic funds transfer card. | ||||||
24 | (2) A credit card. | ||||||
25 | (3) A debit card. | ||||||
26 | (4) A point-of-sale card. |
| |||||||
| |||||||
1 | (5) Any instrument, device, card, plate, code, account | ||||||
2 | number, personal identification number, or a record or copy | ||||||
3 | of a code, account number, or personal identification | ||||||
4 | number or other means of access to a credit account or | ||||||
5 | deposit account, or a driver's license or State | ||||||
6 | identification card used to access a proprietary account, | ||||||
7 | other than access originated solely by a paper instrument, | ||||||
8 | that can be used alone or in conjunction with another | ||||||
9 | access device, for any of the following purposes: | ||||||
10 | (A) Obtaining money, cash refund or credit | ||||||
11 | account, credit, goods, services, or any other thing of | ||||||
12 | value. | ||||||
13 | (B) Certifying or guaranteeing to a person or | ||||||
14 | business the availability to the device holder of funds | ||||||
15 | on deposit to honor a draft or check payable to the | ||||||
16 | order of that person or business. | ||||||
17 | (C) Providing the device holder access to a deposit | ||||||
18 | account for the purpose of making deposits, | ||||||
19 | withdrawing funds, transferring funds between deposit | ||||||
20 | accounts, obtaining information pertaining to a | ||||||
21 | deposit account, or making an electronic funds | ||||||
22 | transfer. | ||||||
23 | "Full retail value" means the merchant's stated or | ||||||
24 | advertised price of the merchandise. "Full
retail value" | ||||||
25 | includes the aggregate value of property obtained
from retail | ||||||
26 | thefts committed by the same person as part of a
continuing |
| |||||||
| |||||||
1 | course of conduct from one or more mercantile
establishments in | ||||||
2 | a single transaction or in separate
transactions over a period | ||||||
3 | of one year. | ||||||
4 | "Internet" means an interactive computer service or system | ||||||
5 | or an information service, system, or access software provider | ||||||
6 | that provides or enables computer access by multiple users to a | ||||||
7 | computer server, and includes, but is not limited to, an | ||||||
8 | information service, system, or access software provider that | ||||||
9 | provides access to a network system commonly known as the | ||||||
10 | Internet, or any comparable system or service and also | ||||||
11 | includes, but is not limited to, a World Wide Web page, | ||||||
12 | newsgroup, message board, mailing list, or chat area on any | ||||||
13 | interactive computer service or system or other online service. | ||||||
14 | "Library card" means a card or plate issued by a library | ||||||
15 | facility for purposes of identifying the person to whom the | ||||||
16 | library card was issued as authorized to borrow library | ||||||
17 | material, subject to all limitations and conditions imposed on | ||||||
18 | the borrowing by the library facility issuing such card. | ||||||
19 | "Library facility" includes any public library or museum, | ||||||
20 | or any library or museum of an educational, historical or | ||||||
21 | eleemosynary institution, organization or society. | ||||||
22 | "Library material" includes any book, plate, picture, | ||||||
23 | photograph, engraving, painting, sculpture, statue, artifact, | ||||||
24 | drawing, map, newspaper, pamphlet, broadside, magazine, | ||||||
25 | manuscript, document, letter, microfilm, sound recording, | ||||||
26 | audiovisual material, magnetic or other tape, electronic data |
| |||||||
| |||||||
1 | processing record or other documentary, written or printed | ||||||
2 | material regardless of physical form or characteristics, or any | ||||||
3 | part thereof, belonging to, or on loan to or otherwise in the | ||||||
4 | custody of a library facility. | ||||||
5 | "Manufacture or assembly of an unlawful access device" | ||||||
6 | means to make, produce or assemble an unlawful access device or | ||||||
7 | to modify, alter, program or re-program any instrument, device, | ||||||
8 | machine, equipment or software so that it is capable of | ||||||
9 | defeating or circumventing any technology, device or software | ||||||
10 | used by the provider, owner or licensee of a communication | ||||||
11 | service or of any data, audio or video programs or | ||||||
12 | transmissions to protect any such communication, data, audio or | ||||||
13 | video services, programs or transmissions from unauthorized | ||||||
14 | access, acquisition, disclosure, receipt, decryption, | ||||||
15 | communication, transmission or re-transmission. | ||||||
16 | "Manufacture or assembly of an unlawful communication | ||||||
17 | device" means to make, produce or assemble an unlawful | ||||||
18 | communication or wireless device or to modify, alter, program | ||||||
19 | or reprogram a communication or wireless device to be capable | ||||||
20 | of acquiring, disrupting, receiving, transmitting, decrypting, | ||||||
21 | or facilitating the acquisition, disruption, receipt, | ||||||
22 | transmission or decryption of, a communication service without | ||||||
23 | the express consent or express authorization of the | ||||||
24 | communication service provider, or to knowingly assist others | ||||||
25 | in those activities. | ||||||
26 | "Master sound recording" means the original physical |
| |||||||
| |||||||
1 | object on which a given set of sounds were first recorded and | ||||||
2 | which the original object from which all subsequent sound | ||||||
3 | recordings embodying the same set of sounds are directly or | ||||||
4 | indirectly derived. | ||||||
5 | "Merchandise" means any item of tangible personal | ||||||
6 | property, including motor fuel. | ||||||
7 | "Merchant" means an owner or operator of any retail | ||||||
8 | mercantile establishment or any agent, employee, lessee, | ||||||
9 | consignee, officer, director, franchisee, or independent | ||||||
10 | contractor of the owner or operator. "Merchant" also means a | ||||||
11 | person who receives from an authorized user of a payment card, | ||||||
12 | or someone the person believes to be an authorized user, a | ||||||
13 | payment card or information from a payment card, or what the | ||||||
14 | person believes to be a payment card or information from a | ||||||
15 | payment card, as the instrument for obtaining, purchasing or | ||||||
16 | receiving goods, services, money, or anything else of value | ||||||
17 | from the person. | ||||||
18 | "Motor fuel" means a liquid, regardless of its properties, | ||||||
19 | used to propel a vehicle, including gasoline and diesel. | ||||||
20 | "Online" means the use of any electronic or wireless device | ||||||
21 | to access the Internet. | ||||||
22 | "Payment card" means a credit card, charge card, debit | ||||||
23 | card, or any other card that is issued to an authorized card | ||||||
24 | user and that allows the user to obtain, purchase, or receive | ||||||
25 | goods, services, money, or anything else of value from a | ||||||
26 | merchant. |
| |||||||
| |||||||
1 | "Person with a disability" means a person who
suffers from | ||||||
2 | a physical or mental impairment resulting from
disease, injury, | ||||||
3 | functional disorder or congenital condition that impairs the
| ||||||
4 | individual's mental or physical ability to independently | ||||||
5 | manage his or her
property or financial resources, or both. | ||||||
6 | "Personal identification document" means a birth | ||||||
7 | certificate, a driver's license, a State identification card, a | ||||||
8 | public, government, or private employment identification card, | ||||||
9 | a social security card, a firearm owner's identification card, | ||||||
10 | a credit card, a debit card, or a passport issued to or on | ||||||
11 | behalf of a person other than the offender, or any document | ||||||
12 | made or issued, or falsely purported to have been made or | ||||||
13 | issued, by or under the authority of the United States | ||||||
14 | Government, the State of Illinois, or any other state political | ||||||
15 | subdivision of any state, or any other governmental or | ||||||
16 | quasi-governmental organization that is of a type intended for | ||||||
17 | the purpose of identification of an individual, or any such | ||||||
18 | document made or altered in a manner that it falsely purports | ||||||
19 | to have been made on behalf of or issued to another person or | ||||||
20 | by the authority of one who did not give that authority. | ||||||
21 | "Personal identifying information" means any of the | ||||||
22 | following information: | ||||||
23 | (1) A person's name. | ||||||
24 | (2) A person's address. | ||||||
25 | (3) A person's date of birth. | ||||||
26 | (4) A person's telephone number. |
| |||||||
| |||||||
1 | (5) A person's driver's license number or State of | ||||||
2 | Illinois identification card as assigned by the Secretary | ||||||
3 | of State of the State of Illinois or a similar agency of | ||||||
4 | another state. | ||||||
5 | (6) A person's social security number. | ||||||
6 | (7) A person's public, private, or government | ||||||
7 | employer, place of employment, or employment | ||||||
8 | identification number. | ||||||
9 | (8) The maiden name of a person's mother. | ||||||
10 | (9) The number assigned to a person's depository | ||||||
11 | account, savings account, or brokerage account. | ||||||
12 | (10) The number assigned to a person's credit or debit | ||||||
13 | card, commonly known as a "Visa Card", "MasterCard", | ||||||
14 | "American Express Card", "Discover Card", or other similar | ||||||
15 | cards whether issued by a financial institution, | ||||||
16 | corporation, or business entity. | ||||||
17 | (11) Personal identification numbers. | ||||||
18 | (12) Electronic identification numbers. | ||||||
19 | (13) Digital signals. | ||||||
20 | (14) User names, passwords, and any other word, number, | ||||||
21 | character or combination of the same usable in whole or | ||||||
22 | part to access information relating to a specific | ||||||
23 | individual, or to the actions taken, communications made or | ||||||
24 | received, or other activities or transactions of a specific | ||||||
25 | individual. | ||||||
26 | (15) Any other numbers or information which can be used |
| |||||||
| |||||||
1 | to access a person's financial resources, or to identify a | ||||||
2 | specific individual, or the actions taken, communications | ||||||
3 | made or received, or other activities or transactions of a | ||||||
4 | specific individual. | ||||||
5 | "Premises of a retail mercantile establishment" includes, | ||||||
6 | but is not limited to, the retail mercantile establishment; any | ||||||
7 | common use areas in shopping centers; and all parking areas set | ||||||
8 | aside by a merchant or on behalf of a merchant for the parking | ||||||
9 | of vehicles for the convenience of the patrons of such retail | ||||||
10 | mercantile establishment. | ||||||
11 | "Public water, gas, or power supply, or other public | ||||||
12 | services" mean any service subject to regulation by the | ||||||
13 | Illinois Commerce Commission; any service furnished by a public | ||||||
14 | utility that is owned and operated by any political | ||||||
15 | subdivision, public institution of higher education or | ||||||
16 | municipal corporation of this State; any service furnished by | ||||||
17 | any public utility that is owned by such political subdivision, | ||||||
18 | public institution of higher education, or municipal | ||||||
19 | corporation and operated by any of its lessees or operating | ||||||
20 | agents; any service furnished by an electric cooperative as | ||||||
21 | defined in Section 3.4 of the Electric Supplier Act; or | ||||||
22 | wireless service or other service regulated by the Federal | ||||||
23 | Communications Commission. | ||||||
24 | "Publish" means to communicate or disseminate information | ||||||
25 | to any one or more persons, either orally, in person, or by | ||||||
26 | telephone, radio or television or in writing of any kind, |
| |||||||
| |||||||
1 | including, without limitation, a letter or memorandum, | ||||||
2 | circular or handbill, newspaper or magazine article or book. | ||||||
3 | "Radio frequency identification device" means any | ||||||
4 | implement, computer file, computer disc, electronic device, | ||||||
5 | computer hardware, computer software, or instrument that is | ||||||
6 | used to activate, read, receive, or decode information stored | ||||||
7 | on a RFID tag or transponder attached to a personal | ||||||
8 | identification document. | ||||||
9 | "RFID tag or transponder" means a chip or device that | ||||||
10 | contains personal identifying information from which the | ||||||
11 | personal identifying information can be read or decoded by | ||||||
12 | another device emitting a radio frequency that activates or | ||||||
13 | powers a radio frequency emission response from the chip or | ||||||
14 | transponder. | ||||||
15 | "Reencoder" means an electronic device that places encoded | ||||||
16 | information from the magnetic strip or stripe of a payment card | ||||||
17 | onto the magnetic strip or stripe of a different payment card. | ||||||
18 | "Retail mercantile establishment" means any place where | ||||||
19 | merchandise is displayed, held, stored or offered for sale to | ||||||
20 | the public. | ||||||
21 | "Scanning device" means a scanner, reader, or any other | ||||||
22 | electronic device that is used to access, read, scan, obtain, | ||||||
23 | memorize, or store, temporarily or permanently, information | ||||||
24 | encoded on the magnetic strip or stripe of a payment card. | ||||||
25 | "Shopping cart" means those push carts of the type or types | ||||||
26 | which are commonly provided by grocery stores, drug stores or |
| |||||||
| |||||||
1 | other retail mercantile establishments for the use of the | ||||||
2 | public in transporting commodities in stores and markets and, | ||||||
3 | incidentally, from the stores to a place outside the store. | ||||||
4 | "Sound or audio visual recording" means any sound or audio | ||||||
5 | visual phonograph record, disc, pre-recorded tape, film, wire, | ||||||
6 | magnetic tape or other object, device or medium, now known or | ||||||
7 | hereafter invented, by which sounds or images may be reproduced | ||||||
8 | with or without the use of any additional machine, equipment or | ||||||
9 | device. | ||||||
10 | "Theft detection device remover" means any tool or device | ||||||
11 | specifically designed and intended to be used to remove any | ||||||
12 | theft detection device from any merchandise. | ||||||
13 | "Under-ring" means to cause the cash register or other | ||||||
14 | sales recording device to reflect less than the full retail | ||||||
15 | value of the merchandise. | ||||||
16 | "Unidentified sound or audio visual recording" means a | ||||||
17 | sound or audio visual recording without the actual name and | ||||||
18 | full and correct street address of the manufacturer, and the | ||||||
19 | name of the actual performers or groups prominently and legibly | ||||||
20 | printed on the outside cover or jacket and on the label of such | ||||||
21 | sound or audio visual recording. | ||||||
22 | "Unlawful access device" means any type of instrument, | ||||||
23 | device, machine, equipment, technology, or software which is | ||||||
24 | primarily possessed, used, designed, assembled, manufactured, | ||||||
25 | sold, distributed or offered, promoted or advertised for the | ||||||
26 | purpose of defeating or circumventing any technology, device or |
| |||||||
| |||||||
1 | software, or any component or part thereof, used by the | ||||||
2 | provider, owner or licensee of any communication service or of | ||||||
3 | any data, audio or video programs or transmissions to protect | ||||||
4 | any such communication, audio or video services, programs or | ||||||
5 | transmissions from unauthorized access, acquisition, receipt, | ||||||
6 | decryption, disclosure, communication, transmission or | ||||||
7 | re-transmission. | ||||||
8 | "Unlawful communication device" means any electronic | ||||||
9 | serial number, mobile identification number, personal | ||||||
10 | identification number or any communication or wireless device | ||||||
11 | that is capable of acquiring or facilitating the acquisition of | ||||||
12 | a communication service without the express consent or express | ||||||
13 | authorization of the communication service provider, or that | ||||||
14 | has been altered, modified, programmed or reprogrammed, alone | ||||||
15 | or in conjunction with another communication or wireless device | ||||||
16 | or other equipment, to so acquire or facilitate the | ||||||
17 | unauthorized acquisition of a communication service. "Unlawful | ||||||
18 | communication device" also means: | ||||||
19 | (1) any phone altered to obtain service without the | ||||||
20 | express consent or express authorization of the | ||||||
21 | communication service provider, tumbler phone, counterfeit | ||||||
22 | or clone phone, tumbler microchip, counterfeit or clone | ||||||
23 | microchip, scanning receiver of wireless communication | ||||||
24 | service or other instrument capable of disguising its | ||||||
25 | identity or location or of gaining unauthorized access to a | ||||||
26 | communications or wireless system operated by a |
| |||||||
| |||||||
1 | communication service provider; and | ||||||
2 | (2) any communication or wireless device which is | ||||||
3 | capable of, or has been altered, designed, modified, | ||||||
4 | programmed or reprogrammed, alone or in conjunction with | ||||||
5 | another communication or wireless device or devices, so as | ||||||
6 | to be capable of, facilitating the disruption, | ||||||
7 | acquisition, receipt, transmission or decryption of a | ||||||
8 | communication service without the express consent or | ||||||
9 | express authorization of the communication service | ||||||
10 | provider, including, but not limited to, any device, | ||||||
11 | technology, product, service, equipment, computer software | ||||||
12 | or component or part thereof, primarily distributed, sold, | ||||||
13 | designed, assembled, manufactured, modified, programmed, | ||||||
14 | reprogrammed or used for the purpose of providing the | ||||||
15 | unauthorized receipt of, transmission of, disruption of, | ||||||
16 | decryption of, access to or acquisition of any | ||||||
17 | communication service provided by any communication | ||||||
18 | service provider. | ||||||
19 | "Vehicle" means a motor vehicle, motorcycle, or farm | ||||||
20 | implement that is self-propelled and that uses motor fuel for | ||||||
21 | propulsion. | ||||||
22 | "Wireless device" includes any type of instrument, device, | ||||||
23 | machine, or
equipment that is capable of transmitting or | ||||||
24 | receiving telephonic, electronic
or
radio communications, or | ||||||
25 | any part of such instrument, device, machine, or
equipment, or | ||||||
26 | any computer circuit, computer chip, electronic mechanism, or
|
| |||||||
| |||||||
1 | other component that is capable of facilitating the | ||||||
2 | transmission or reception
of telephonic, electronic, or radio | ||||||
3 | communications.
| ||||||
4 | (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff. | ||||||
5 | 1-1-12; revised 9-21-11.)
| ||||||
6 | (720 ILCS 5/16-7) (from Ch. 38, par. 16-7)
| ||||||
7 | Sec. 16-7. Unlawful use of recorded sounds or images.
| ||||||
8 | (a) A person commits unlawful use of recorded sounds or | ||||||
9 | images when he or she knowingly or recklessly:
| ||||||
10 | (1) transfers
or causes to be transferred without the | ||||||
11 | consent of the owner, any
sounds or images recorded on any | ||||||
12 | sound or audio visual recording
with the intent of selling | ||||||
13 | or causing to be sold, or using or causing to
be used for | ||||||
14 | profit the article to which such sounds or recordings of | ||||||
15 | sound
are transferred;
| ||||||
16 | (2) sells,
offers for sale, advertises for sale, uses | ||||||
17 | or causes to be used
for profit any such article described | ||||||
18 | in subdivision (a)(1)
without consent of the owner;
| ||||||
19 | (3) offers or
makes available for a fee, rental or any | ||||||
20 | other form of compensation,
directly or indirectly, any | ||||||
21 | equipment or machinery for the
purpose of use by another to | ||||||
22 | reproduce or transfer, without the
consent of the owner, | ||||||
23 | any sounds or images recorded on any sound or
audio visual | ||||||
24 | recording to another sound or audio visual recording or for
| ||||||
25 | the purpose of use by another to manufacture any sound or |
| |||||||
| |||||||
1 | audio visual
recording in violation of subsection (b); or
| ||||||
2 | (4) transfers or causes to be
transferred without the | ||||||
3 | consent of the owner, any live performance with the intent
| ||||||
4 | of selling or causing to be sold, or using or causing to be | ||||||
5 | used
for profit the sound or audio visual recording to | ||||||
6 | which the performance
is transferred.
| ||||||
7 | (b) A person commits unlawful use of unidentified sound or | ||||||
8 | audio visual recordings when he or she knowingly, recklessly, | ||||||
9 | or negligently for profit manufacturers, sells, distributes, | ||||||
10 | vends, circulates, performs, leases, possesses, or otherwise | ||||||
11 | deals in and with unidentified sound or audio visual recordings | ||||||
12 | or causes the manufacture, sale, distribution, vending, | ||||||
13 | circulation, performance, lease, or other dealing in and with | ||||||
14 | unidentified sound or audio visual recordings. | ||||||
15 | (c) For the purposes of this Section, "owner" means the | ||||||
16 | person who owns the master sound recording on
which sound is | ||||||
17 | recorded and from which the transferred recorded sounds are
| ||||||
18 | directly or indirectly derived, or the person who owns the | ||||||
19 | rights to record
or authorize the recording of a live | ||||||
20 | performance. | ||||||
21 | For the purposes of this Section, "manufacturer" means the | ||||||
22 | person who actually makes or causes to be made a sound or audio | ||||||
23 | visual recording. "Manufacturer" does not include a person who | ||||||
24 | manufactures the medium upon which sounds or visual images can | ||||||
25 | be recorded or stored, or who manufactures the cartridge or | ||||||
26 | casing itself.
|
| |||||||
| |||||||
1 | (d) Sentence. Unlawful use of recorded sounds or images or | ||||||
2 | unidentified sound or audio visual recordings is a Class
4 | ||||||
3 | felony; however:
| ||||||
4 | (1) If the offense involves more than 100 but not | ||||||
5 | exceeding 1000
unidentified sound recordings or more than 7 | ||||||
6 | but not exceeding 65
unidentified audio visual recordings | ||||||
7 | during any 180 day period the
authorized fine is up to | ||||||
8 | $100,000; and
| ||||||
9 | (2) If the offense involves more than 1,000 | ||||||
10 | unidentified sound
recordings or more than 65 unidentified | ||||||
11 | audio visual recordings during any
180 day period the | ||||||
12 | authorized fine is up to $250,000.
| ||||||
13 | (e) Upon conviction of any violation of subsection (b), the | ||||||
14 | offender shall be sentenced to make restitution to any owner or | ||||||
15 | lawful producer of a master sound or audio visual recording, or | ||||||
16 | to the trade association representing such owner or lawful | ||||||
17 | producer, that has suffered injury resulting from the crime. | ||||||
18 | The order of restitution shall be based on the aggregate | ||||||
19 | wholesale value of lawfully manufactured and authorized sound | ||||||
20 | or audio visual recordings corresponding to the non-conforming | ||||||
21 | recorded devices involved in the offense, and shall include | ||||||
22 | investigative costs relating to the offense. | ||||||
23 | (f) Subsection (a) of this Section shall neither enlarge | ||||||
24 | nor diminish the rights
of parties in private litigation.
| ||||||
25 | (g) Subsection (a) of this Section does not apply to any | ||||||
26 | person engaged in the business
of radio or television |
| |||||||
| |||||||
1 | broadcasting who transfers, or causes to be
transferred, any | ||||||
2 | sounds (other than from the sound track of a
motion picture) | ||||||
3 | solely for the purpose of broadcast transmission.
| ||||||
4 | (h) Each individual manufacture, distribution or sale
or | ||||||
5 | transfer for a consideration of such recorded devices in
| ||||||
6 | contravention of subsection (a) of this Section constitutes
a | ||||||
7 | separate violation of this Section. Each individual | ||||||
8 | manufacture, sale, distribution, vending, circulation, | ||||||
9 | performance, lease, possession, or other dealing in and with an | ||||||
10 | unidentified sound or audio visual recording under subsection | ||||||
11 | (b) of this Section constitutes a separate violation of this | ||||||
12 | Section.
| ||||||
13 | (i) Any sound or audio visual recordings containing | ||||||
14 | transferred
sounds or a performance whose transfer was not | ||||||
15 | authorized by the owner of
the master sound recording or | ||||||
16 | performance, or any unidentified sound or audio visual | ||||||
17 | recording used, in violation of this Section, or
in the attempt | ||||||
18 | to commit such violation as defined in Section 8-4, or in a | ||||||
19 | conspiracy to commit such violation as defined in Section 8-2, | ||||||
20 | or in a
solicitation to commit such offense as defined in | ||||||
21 | Section 8-1, may be
confiscated and destroyed upon conclusion | ||||||
22 | of the case or cases to which
they are relevant, except that | ||||||
23 | the court may enter an order preserving them
as evidence for | ||||||
24 | use in other cases or pending the final determination of
an | ||||||
25 | appeal.
| ||||||
26 | (j) It is an affirmative defense to any charge of unlawful |
| |||||||
| |||||||
1 | use of
recorded sounds or images that the recorded sounds or | ||||||
2 | images so used are
public domain material. For purposes of this | ||||||
3 | Section, recorded sounds are
deemed to be in the public domain | ||||||
4 | if the recorded sounds were copyrighted
pursuant to the | ||||||
5 | copyright laws of the United States, as the same may be
amended | ||||||
6 | from time to time, and the term of the copyright and any | ||||||
7 | extensions
or renewals thereof has expired.
| ||||||
8 | (k) (j) With respect to sound recordings (other than | ||||||
9 | accompanying a motion picture or other audiovisual work), this | ||||||
10 | Section applies only to sound recordings that were initially | ||||||
11 | recorded before February 15, 1972. | ||||||
12 | (Source: P.A. 97-538, eff. 1-1-12; 97-597, eff. 1-1-12; revised | ||||||
13 | 9-12-11.)
| ||||||
14 | (720 ILCS 5/16-30) | ||||||
15 | Sec. 16-30. Identity theft; aggravated identity theft.
| ||||||
16 | (a) A person commits identity theft when he or
she
| ||||||
17 | knowingly:
| ||||||
18 | (1) uses any personal
identifying information or | ||||||
19 | personal identification document of another
person to | ||||||
20 | fraudulently obtain credit, money, goods, services, or | ||||||
21 | other
property; or
| ||||||
22 | (2) uses any personal identification information or | ||||||
23 | personal
identification document of another with intent to | ||||||
24 | commit any felony not set forth in
paragraph (1) of this | ||||||
25 | subsection (a); or
|
| |||||||
| |||||||
1 | (3) obtains, records, possesses, sells, transfers, | ||||||
2 | purchases, or
manufactures any personal identification | ||||||
3 | information or personal
identification document of another | ||||||
4 | with intent to commit any felony; or
| ||||||
5 | (4) uses, obtains, records, possesses, sells, | ||||||
6 | transfers, purchases,
or manufactures any personal | ||||||
7 | identification information or
personal identification | ||||||
8 | document of another knowing that such
personal | ||||||
9 | identification information or personal identification
| ||||||
10 | documents were stolen or produced without lawful | ||||||
11 | authority; or
| ||||||
12 | (5) uses, transfers, or possesses document-making | ||||||
13 | implements to
produce false identification or false | ||||||
14 | documents with knowledge that
they will be used by the | ||||||
15 | person or another to commit any felony; or
| ||||||
16 | (6) uses any personal identification information or | ||||||
17 | personal identification document of another to portray | ||||||
18 | himself or herself as that person, or otherwise, for the | ||||||
19 | purpose of gaining access to any personal identification | ||||||
20 | information or personal identification document of that | ||||||
21 | person, without the prior express permission of that | ||||||
22 | person; or | ||||||
23 | (7) uses any personal identification information or | ||||||
24 | personal identification document of another for the | ||||||
25 | purpose of gaining access to any record of the actions | ||||||
26 | taken, communications made or received, or other |
| |||||||
| |||||||
1 | activities or transactions of that person, without the | ||||||
2 | prior express permission of that person; or
| ||||||
3 | (7.5) uses, possesses, or transfers a radio frequency | ||||||
4 | identification device capable of obtaining or processing | ||||||
5 | personal identifying information from a radio frequency | ||||||
6 | identification (RFID) tag or transponder with knowledge | ||||||
7 | that the device will be used by the person or another to | ||||||
8 | commit a felony violation of State law or any violation of | ||||||
9 | this Article; or | ||||||
10 | (8) in the course of applying for a building permit | ||||||
11 | with a unit of local government, provides the license | ||||||
12 | number of a roofing or fire sprinkler contractor whom he or | ||||||
13 | she does not intend to have perform the work on the roofing | ||||||
14 | or fire sprinkler portion of the project; it is an | ||||||
15 | affirmative defense to prosecution under this paragraph | ||||||
16 | (8) that the building permit applicant promptly informed | ||||||
17 | the unit of local government that issued the building | ||||||
18 | permit of any change in the roofing or fire sprinkler | ||||||
19 | contractor. | ||||||
20 | (b) Aggravated identity theft. A person commits aggravated | ||||||
21 | identity theft when he or she commits identity theft as set | ||||||
22 | forth in subsection (a) of this Section: | ||||||
23 | (1) against a person 60 years of age or older or a | ||||||
24 | person with a disability; or | ||||||
25 | (2) in furtherance of the activities of an organized | ||||||
26 | gang. |
| |||||||
| |||||||
1 | A defense to aggravated identity theft does not exist | ||||||
2 | merely because the accused reasonably believed the victim to be | ||||||
3 | a person less than 60 years of age. For the purposes of this | ||||||
4 | subsection, "organized gang" has the meaning ascribed in | ||||||
5 | Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
6 | Prevention Act. | ||||||
7 | (c) Knowledge shall be determined by an evaluation of all | ||||||
8 | circumstances
surrounding the use of the other
person's | ||||||
9 | identifying information or document.
| ||||||
10 | (d) When a charge of identity theft or aggravated identity | ||||||
11 | theft of credit, money, goods,
services, or other property
| ||||||
12 | exceeding a specified value is brought, the value of the | ||||||
13 | credit, money, goods,
services, or other property is
an element | ||||||
14 | of the offense to be resolved by the trier of fact as either
| ||||||
15 | exceeding or not exceeding the
specified value.
| ||||||
16 | (e) Sentence.
| ||||||
17 | (1) Identity theft. | ||||||
18 | (A) A person convicted of identity theft in | ||||||
19 | violation of paragraph (1)
of subsection (a) shall be | ||||||
20 | sentenced as follows:
| ||||||
21 | (i) Identity theft of credit, money, goods, | ||||||
22 | services, or
other
property not exceeding $300 in
| ||||||
23 | value is a Class 4 felony. A person who has been | ||||||
24 | previously convicted of
identity theft of
less | ||||||
25 | than $300 who is convicted of a second or | ||||||
26 | subsequent offense of
identity theft of less than
|
| |||||||
| |||||||
1 | $300 is guilty of a Class 3 felony. A person who | ||||||
2 | has been convicted of identity
theft of less than
| ||||||
3 | $300 who has been previously convicted of any type | ||||||
4 | of theft, robbery, armed
robbery, burglary, | ||||||
5 | residential
burglary, possession of burglary | ||||||
6 | tools, home invasion, home repair fraud,
| ||||||
7 | aggravated home repair fraud, or
financial | ||||||
8 | exploitation of an elderly or disabled person is | ||||||
9 | guilty of a Class 3
felony. Identity theft of | ||||||
10 | credit, money, goods, services, or
other
property | ||||||
11 | not exceeding $300 in
value when the victim of the | ||||||
12 | identity theft is an active duty member of the | ||||||
13 | Armed Services or Reserve Forces of the United | ||||||
14 | States or of the Illinois National Guard serving in | ||||||
15 | a foreign country is a Class 3 felony. A person who | ||||||
16 | has been previously convicted of
identity theft of
| ||||||
17 | less than $300 who is convicted of a second or | ||||||
18 | subsequent offense of
identity theft of less than
| ||||||
19 | $300 when the victim of the identity theft is an | ||||||
20 | active duty member of the Armed Services or Reserve | ||||||
21 | Forces of the United States or of the Illinois | ||||||
22 | National Guard serving in a foreign country is | ||||||
23 | guilty of a Class 2 felony. A person who has been | ||||||
24 | convicted of identity
theft of less than
$300 when | ||||||
25 | the victim of the identity theft is an active duty | ||||||
26 | member of the Armed Services or Reserve Forces of |
| |||||||
| |||||||
1 | the United States or of the Illinois National Guard | ||||||
2 | serving in a foreign country who has been | ||||||
3 | previously convicted of any type of theft, | ||||||
4 | robbery, armed
robbery, burglary, residential
| ||||||
5 | burglary, possession of burglary tools, home | ||||||
6 | invasion, home repair fraud,
aggravated home | ||||||
7 | repair fraud, or
financial exploitation of an | ||||||
8 | elderly or disabled person is guilty of a Class 2
| ||||||
9 | felony.
| ||||||
10 | (ii) Identity theft of credit, money, goods,
| ||||||
11 | services, or other
property exceeding $300 and not
| ||||||
12 | exceeding $2,000 in value is a Class 3 felony. | ||||||
13 | Identity theft of credit, money, goods,
services, | ||||||
14 | or other
property exceeding $300 and not
exceeding | ||||||
15 | $2,000 in value when the victim of the identity | ||||||
16 | theft is an active duty member of the Armed | ||||||
17 | Services or Reserve Forces of the United States or | ||||||
18 | of the Illinois National Guard serving in a foreign | ||||||
19 | country is a Class 2 felony.
| ||||||
20 | (iii) Identity theft of credit, money, goods,
| ||||||
21 | services, or other
property exceeding $2,000 and | ||||||
22 | not
exceeding $10,000 in value is a Class 2 felony. | ||||||
23 | Identity theft of credit, money, goods,
services, | ||||||
24 | or other
property exceeding $2,000 and not
| ||||||
25 | exceeding $10,000 in value when the victim of the | ||||||
26 | identity theft is an active duty member of the |
| |||||||
| |||||||
1 | Armed Services or Reserve Forces of the United | ||||||
2 | States or of the Illinois National Guard serving in | ||||||
3 | a foreign country is a Class 1 felony.
| ||||||
4 | (iv) Identity theft of credit, money, goods,
| ||||||
5 | services, or other
property exceeding $10,000 and
| ||||||
6 | not exceeding $100,000 in value is a Class 1 | ||||||
7 | felony. Identity theft of credit, money, goods,
| ||||||
8 | services, or other
property exceeding $10,000 and
| ||||||
9 | not exceeding $100,000 in value when the victim of | ||||||
10 | the identity theft is an active duty member of the | ||||||
11 | Armed Services or Reserve Forces of the United | ||||||
12 | States or of the Illinois National Guard serving in | ||||||
13 | a foreign country is a Class X felony.
| ||||||
14 | (v) Identity theft of credit, money, goods,
| ||||||
15 | services, or
other property exceeding $100,000 in
| ||||||
16 | value is a Class X felony.
| ||||||
17 | (B) A person convicted of any offense enumerated in | ||||||
18 | paragraphs
(2) through (7.5) (7) of subsection (a) is | ||||||
19 | guilty of a Class 3 felony. A person convicted of any | ||||||
20 | offense enumerated in paragraphs
(2) through (7.5) (7) | ||||||
21 | of subsection (a) when the victim of the identity theft | ||||||
22 | is an active duty member of the Armed Services or | ||||||
23 | Reserve Forces of the United States or of the Illinois | ||||||
24 | National Guard serving in a foreign country is guilty | ||||||
25 | of a Class 2 felony.
| ||||||
26 | (C) A person convicted of any offense enumerated in |
| |||||||
| |||||||
1 | paragraphs
(2) through (5) and (7.5) of subsection (a) | ||||||
2 | a second or subsequent time is
guilty of a Class 2 | ||||||
3 | felony. A person convicted of any offense enumerated in | ||||||
4 | paragraphs
(2) through (5) and (7.5) of subsection (a) | ||||||
5 | a second or subsequent time when the victim of the | ||||||
6 | identity theft is an active duty member of the Armed | ||||||
7 | Services or Reserve Forces of the United States or of | ||||||
8 | the Illinois National Guard serving in a foreign | ||||||
9 | country is
guilty of a Class 1 felony.
| ||||||
10 | (D) A person who, within a 12-month period, is | ||||||
11 | found in violation
of any offense enumerated in | ||||||
12 | paragraphs (2) through (7.5) (7) of
subsection (a) with | ||||||
13 | respect to the identifiers of, or other information | ||||||
14 | relating to, 3 or more
separate individuals, at the | ||||||
15 | same time or consecutively, is guilty
of a Class 2 | ||||||
16 | felony. A person who, within a 12-month period, is | ||||||
17 | found in violation
of any offense enumerated in | ||||||
18 | paragraphs (2) through (7.5) (7) of
subsection (a) with | ||||||
19 | respect to the identifiers of, or other information | ||||||
20 | relating to, 3 or more
separate individuals, at the | ||||||
21 | same time or consecutively, when the victim of the | ||||||
22 | identity theft is an active duty member of the Armed | ||||||
23 | Services or Reserve Forces of the United States or of | ||||||
24 | the Illinois National Guard serving in a foreign | ||||||
25 | country is guilty
of a Class 1 felony.
| ||||||
26 | (E) A person convicted of identity theft in |
| |||||||
| |||||||
1 | violation of paragraph (2) of subsection (a) who uses | ||||||
2 | any personal identification information or personal
| ||||||
3 | identification document of another to purchase | ||||||
4 | methamphetamine manufacturing material as defined in | ||||||
5 | Section 10 of the Methamphetamine Control and | ||||||
6 | Community Protection Act with the intent to unlawfully | ||||||
7 | manufacture methamphetamine is guilty of a Class 2 | ||||||
8 | felony for a first offense and a Class 1 felony for a | ||||||
9 | second or subsequent offense.
A person convicted of | ||||||
10 | identity theft in violation of paragraph (2) of | ||||||
11 | subsection (a) who uses any personal identification | ||||||
12 | information or personal
identification document of | ||||||
13 | another to purchase methamphetamine manufacturing | ||||||
14 | material as defined in Section 10 of the | ||||||
15 | Methamphetamine Control and Community Protection Act | ||||||
16 | with the intent to unlawfully manufacture | ||||||
17 | methamphetamine when the victim of the identity theft | ||||||
18 | is an active duty member of the Armed Services or | ||||||
19 | Reserve Forces of the United States or of the Illinois | ||||||
20 | National Guard serving in a foreign country is guilty | ||||||
21 | of a Class 1 felony for a first offense and a Class X | ||||||
22 | felony for a second or subsequent offense.
| ||||||
23 | (F) A person convicted of identity theft in | ||||||
24 | violation of paragraph (8) of subsection (a) of this | ||||||
25 | Section is guilty of a Class 4 felony. | ||||||
26 | (2) Aggravated identity theft. |
| |||||||
| |||||||
1 | (A) Aggravated identity theft of credit, money, | ||||||
2 | goods, services, or other property not exceeding $300 | ||||||
3 | in value is a Class 3 felony. | ||||||
4 | (B) Aggravated identity theft of credit, money, | ||||||
5 | goods, services, or other property exceeding $300 and | ||||||
6 | not exceeding $10,000 in value is a Class 2 felony. | ||||||
7 | (C) Aggravated identity theft of credit, money, | ||||||
8 | goods, services, or other property exceeding $10,000 | ||||||
9 | in value and not exceeding $100,000 in value is a Class | ||||||
10 | 1 felony. | ||||||
11 | (D) Aggravated identity theft of credit, money, | ||||||
12 | goods, services, or other property exceeding $100,000 | ||||||
13 | in value is a Class X felony. | ||||||
14 | (E) Aggravated identity theft for a violation of | ||||||
15 | any offense enumerated in paragraphs (2) through (7.5) | ||||||
16 | (7) of subsection (a) of this Section is a Class 2 | ||||||
17 | felony. | ||||||
18 | (F) Aggravated identity theft when a person who, | ||||||
19 | within a 12-month period, is found in violation of any | ||||||
20 | offense enumerated in paragraphs (2) through (7.5) (7) | ||||||
21 | of subsection (a) of this Section with identifiers of, | ||||||
22 | or other information relating to, 3 or more separate | ||||||
23 | individuals, at the same time or consecutively, is a | ||||||
24 | Class 1 felony. | ||||||
25 | (G) A person who has been previously convicted of | ||||||
26 | aggravated identity theft regardless of the value of |
| |||||||
| |||||||
1 | the property involved who is convicted of a second or | ||||||
2 | subsequent offense of aggravated identity theft | ||||||
3 | regardless of the value of the property involved is | ||||||
4 | guilty of a Class X felony.
| ||||||
5 | (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-333, eff. | ||||||
6 | 8-12-11, and 97-388, eff. 1-1-12; revised 9-21-11.)
| ||||||
7 | (720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
| ||||||
8 | Sec. 17-2. False personation; solicitation. | ||||||
9 | (a) False personation; solicitation. | ||||||
10 | (1) A person commits a false personation when he or she | ||||||
11 | knowingly and falsely represents
himself or herself to be a | ||||||
12 | member or representative of any
veterans' or public safety | ||||||
13 | personnel organization
or a representative of
any | ||||||
14 | charitable organization, or when he or she knowingly | ||||||
15 | exhibits or uses in any manner
any decal, badge or insignia | ||||||
16 | of any
charitable, public safety personnel, or veterans' | ||||||
17 | organization
when not authorized to
do so by the
| ||||||
18 | charitable, public safety personnel, or veterans' | ||||||
19 | organization.
"Public safety personnel organization" has | ||||||
20 | the meaning ascribed to that term
in Section 1 of the | ||||||
21 | Solicitation for Charity Act.
| ||||||
22 | (2) A person commits a false personation when he or she | ||||||
23 | knowingly and falsely
represents himself or herself to be a | ||||||
24 | veteran in seeking employment or
public office.
In this | ||||||
25 | paragraph, "veteran" means a person who has served in the
|
| |||||||
| |||||||
1 | Armed Services or Reserve
Forces of the United States.
| ||||||
2 | (2.5) (a-7) A person commits a false personation when | ||||||
3 | he or she knowingly and falsely represents himself or | ||||||
4 | herself to be: | ||||||
5 | (A) (1) another actual person and does an act in | ||||||
6 | such assumed character with intent to intimidate, | ||||||
7 | threaten, injure, defraud, or to obtain a benefit from | ||||||
8 | another; or | ||||||
9 | (B) (2) a representative of an actual person or | ||||||
10 | organization and does an act in such false capacity | ||||||
11 | with intent to obtain a benefit or to injure or defraud | ||||||
12 | another. | ||||||
13 | (3) No person shall knowingly use the words "Police", | ||||||
14 | "Police
Department", "Patrolman", "Sergeant", | ||||||
15 | "Lieutenant",
"Peace Officer", "Sheriff's Police", | ||||||
16 | "Sheriff", "Officer", "Law Enforcement", "Trooper", | ||||||
17 | "Deputy", "Deputy Sheriff", "State Police",
or
any other | ||||||
18 | words to the same effect (i) in the title
of any | ||||||
19 | organization, magazine, or other publication without the | ||||||
20 | express
approval of the named public safety personnel | ||||||
21 | organization's governing board or (ii) in combination with | ||||||
22 | the name of any state, state agency, public university, or | ||||||
23 | unit of local government without the express written | ||||||
24 | authorization of that state, state agency, public | ||||||
25 | university, or unit of local government.
| ||||||
26 | (4) No person may knowingly claim or represent that he |
| |||||||
| |||||||
1 | or she is acting on behalf
of
any public safety personnel | ||||||
2 | organization when soliciting financial contributions or | ||||||
3 | selling or
delivering or offering
to sell or deliver any | ||||||
4 | merchandise, goods, services, memberships, or
| ||||||
5 | advertisements unless the
chief of the police department, | ||||||
6 | fire department, and the
corporate or municipal authority | ||||||
7 | thereof,
or the sheriff has first
entered into a written
| ||||||
8 | agreement with the person or with an organization with | ||||||
9 | which the person is
affiliated and the
agreement permits | ||||||
10 | the activity and specifies and states clearly and fully the | ||||||
11 | purpose for which the proceeds of the solicitation, | ||||||
12 | contribution, or sale will be used.
| ||||||
13 | (5) No person, when soliciting financial contributions | ||||||
14 | or selling or
delivering or offering
to sell or deliver any | ||||||
15 | merchandise, goods, services, memberships, or
| ||||||
16 | advertisements may claim
or represent that he or she is | ||||||
17 | representing or acting on behalf of any
nongovernmental
| ||||||
18 | organization by any name which includes "officer", "peace | ||||||
19 | officer", "police",
"law
enforcement", "trooper", | ||||||
20 | "sheriff", "deputy", "deputy sheriff", "State police",
or | ||||||
21 | any other word
or words which would reasonably be | ||||||
22 | understood to imply that the organization is
composed of
| ||||||
23 | law enforcement personnel unless: | ||||||
24 | (A) the person is actually representing or acting
| ||||||
25 | on behalf of the
nongovernmental organization; | ||||||
26 | (B) the nongovernmental organization is
controlled |
| |||||||
| |||||||
1 | by and
governed by a membership of and represents a | ||||||
2 | group or association of active
duty peace officers,
| ||||||
3 | retired peace officers, or injured peace officers; and | ||||||
4 | (C) before commencing the
solicitation or the
sale | ||||||
5 | or the offers to sell any merchandise, goods, services, | ||||||
6 | memberships, or
advertisements, a
written contract | ||||||
7 | between the soliciting or selling person and the
| ||||||
8 | nongovernmental
organization, which specifies and | ||||||
9 | states clearly and fully the purposes for which the | ||||||
10 | proceeds of the solicitation, contribution, or sale | ||||||
11 | will be used, has been entered into.
| ||||||
12 | (6) No person, when soliciting financial contributions | ||||||
13 | or selling or
delivering or
offering to sell or deliver any | ||||||
14 | merchandise, goods, services, memberships, or
| ||||||
15 | advertisements,
may knowingly claim or represent that he or | ||||||
16 | she is representing or acting on behalf of
any | ||||||
17 | nongovernmental
organization by any name which includes | ||||||
18 | the term "fireman", "fire fighter",
"paramedic", or any
| ||||||
19 | other word or words which would reasonably be understood to | ||||||
20 | imply that the
organization is
composed of fire fighter or | ||||||
21 | paramedic personnel unless: | ||||||
22 | (A) the person is actually
representing or
acting | ||||||
23 | on behalf of the nongovernmental organization; | ||||||
24 | (B) the nongovernmental
organization is
controlled | ||||||
25 | by and governed by a membership of and represents a | ||||||
26 | group or
association of active
duty, retired, or |
| |||||||
| |||||||
1 | injured fire fighters (for the purposes of this | ||||||
2 | Section,
"fire fighter" has the
meaning ascribed to | ||||||
3 | that term in Section 2 of the Illinois Fire Protection
| ||||||
4 | Training Act)
or active duty, retired, or injured | ||||||
5 | emergency medical technicians - ambulance,
emergency
| ||||||
6 | medical technicians - intermediate, emergency medical | ||||||
7 | technicians - paramedic,
ambulance
drivers, or other | ||||||
8 | medical assistance or first aid personnel; and | ||||||
9 | (C) before
commencing the solicitation
or the sale | ||||||
10 | or delivery or the offers to sell or deliver any | ||||||
11 | merchandise,
goods, services,
memberships, or | ||||||
12 | advertisements, the soliciting or selling person and | ||||||
13 | the nongovernmental organization have entered into a | ||||||
14 | written contract that specifies and states clearly and | ||||||
15 | fully the purposes for which the proceeds of the | ||||||
16 | solicitation, contribution, or sale will be used.
| ||||||
17 | (7) No person may knowingly claim or represent that he | ||||||
18 | or she is an airman, airline employee, airport employee, or | ||||||
19 | contractor at an airport in order to obtain the uniform, | ||||||
20 | identification card, license, or other identification | ||||||
21 | paraphernalia of an airman, airline employee, airport | ||||||
22 | employee, or contractor at an airport.
| ||||||
23 | (8) No person, firm,
copartnership, or corporation | ||||||
24 | (except corporations organized and doing business
under | ||||||
25 | the Pawners Societies Act)
shall knowingly use a name that | ||||||
26 | contains in it the words
"Pawners' Society". |
| |||||||
| |||||||
1 | (b) False personation; public officials and employees | ||||||
2 | judicial process . A person commits a false personation if he or | ||||||
3 | she knowingly and falsely represents himself or herself to be | ||||||
4 | any of the following: | ||||||
5 | (1) An attorney authorized to practice law for purposes | ||||||
6 | of compensation or consideration. This paragraph (b)(1) | ||||||
7 | does not apply to a person who unintentionally fails to pay | ||||||
8 | attorney registration fees established by Supreme Court | ||||||
9 | Rule. | ||||||
10 | (2) A public officer or a public employee or an | ||||||
11 | official or employee of the federal government. | ||||||
12 | (2.3) A public officer, a public employee, or an | ||||||
13 | official or employee of the federal government, and the | ||||||
14 | false representation is made in furtherance of the | ||||||
15 | commission of felony. | ||||||
16 | (2.7) A public officer or a public employee, and the | ||||||
17 | false representation is for the purpose of effectuating | ||||||
18 | identity theft as defined in Section 16-30 of this Code. | ||||||
19 | (3) A peace officer. | ||||||
20 | (4) A peace officer while carrying a deadly weapon. | ||||||
21 | (5) A peace officer in attempting or committing a | ||||||
22 | felony. | ||||||
23 | (6) A peace officer in attempting or committing a | ||||||
24 | forcible felony. | ||||||
25 | (7) The parent, legal guardian, or other relation of a | ||||||
26 | minor child to any public official, public employee, or |
| |||||||
| |||||||
1 | elementary or secondary school employee or administrator. | ||||||
2 | (8) A fire fighter. | ||||||
3 | (9) A fire fighter while carrying a deadly weapon. | ||||||
4 | (10) A fire fighter in attempting or committing a | ||||||
5 | felony. | ||||||
6 | (11) An emergency management worker of any | ||||||
7 | jurisdiction in this State. | ||||||
8 | (12) An emergency management worker of any | ||||||
9 | jurisdiction in this State in attempting or committing a | ||||||
10 | felony.
For the purposes of this subsection (b), "emergency | ||||||
11 | management worker" has the meaning provided under Section | ||||||
12 | 2-6.6 of this Code. | ||||||
13 | (b-5) The trier of fact may infer that a person falsely | ||||||
14 | represents himself or herself to be a public officer or a | ||||||
15 | public employee or an official or employee of the federal | ||||||
16 | government if the person: | ||||||
17 | (1) wears or displays without authority any uniform, | ||||||
18 | badge, insignia, or facsimile thereof by which a public | ||||||
19 | officer or public employee or official or employee of the | ||||||
20 | federal government is lawfully distinguished; or | ||||||
21 | (2) falsely expresses by word or action that he or she | ||||||
22 | is a public officer or public employee or official or | ||||||
23 | employee of the federal government and is acting with | ||||||
24 | approval or authority of a public agency or department. | ||||||
25 | (c) Fraudulent advertisement of a corporate name. | ||||||
26 | (1) A company, association, or individual commits |
| |||||||
| |||||||
1 | fraudulent advertisement of a corporate name if he, she, or | ||||||
2 | it, not being incorporated, puts forth a sign or | ||||||
3 | advertisement and assumes, for the purpose of soliciting | ||||||
4 | business, a corporate name. | ||||||
5 | (2) Nothing contained in this subsection (c) prohibits | ||||||
6 | a corporation, company, association, or person from using a | ||||||
7 | divisional designation or trade name in conjunction with | ||||||
8 | its corporate name or assumed name under Section 4.05 of | ||||||
9 | the Business Corporation Act of 1983 or, if it is a member | ||||||
10 | of a partnership or joint venture, from doing partnership | ||||||
11 | or joint venture business under the partnership or joint | ||||||
12 | venture name. The name under which the joint venture or | ||||||
13 | partnership does business may differ from the names of the | ||||||
14 | members. Business may not be conducted or transacted under | ||||||
15 | that joint venture or partnership name, however, unless all | ||||||
16 | provisions of the Assumed Business Name Act have been | ||||||
17 | complied with. Nothing in this subsection (c) permits a | ||||||
18 | foreign corporation to do business in this State without | ||||||
19 | complying with all Illinois laws regulating the doing of | ||||||
20 | business by foreign corporations. No foreign corporation | ||||||
21 | may conduct or transact business in this State as a member | ||||||
22 | of a partnership or joint venture that violates any | ||||||
23 | Illinois law regulating or pertaining to the doing of | ||||||
24 | business by foreign corporations in Illinois. | ||||||
25 | (3) The provisions of this subsection (c) do not apply | ||||||
26 | to limited partnerships formed under the Revised Uniform |
| |||||||
| |||||||
1 | Limited Partnership Act or under the Uniform Limited | ||||||
2 | Partnership Act (2001). | ||||||
3 | (d) False law enforcement badges. | ||||||
4 | (1) A person commits false law enforcement badges if he | ||||||
5 | or she knowingly produces, sells, or distributes a law | ||||||
6 | enforcement badge without the express written consent of | ||||||
7 | the law enforcement agency represented on the badge or, in | ||||||
8 | case of a reorganized or defunct law enforcement agency, | ||||||
9 | its successor law enforcement agency. | ||||||
10 | (2) It is a defense to false law enforcement badges | ||||||
11 | that the law enforcement badge is used or is intended to be | ||||||
12 | used exclusively: (i) as a memento or in a collection or | ||||||
13 | exhibit; (ii) for decorative purposes; or (iii) for a | ||||||
14 | dramatic presentation, such as a theatrical, film, or | ||||||
15 | television production. | ||||||
16 | (e) False medals. | ||||||
17 | (1) A person commits a false personation if he or she | ||||||
18 | knowingly and falsely represents himself or herself to be a | ||||||
19 | recipient of, or wears on his or her person, any of the | ||||||
20 | following medals if that medal was not awarded to that | ||||||
21 | person by the United States Government, irrespective of | ||||||
22 | branch of service: The Congressional Medal of Honor, The | ||||||
23 | Distinguished Service Cross, The Navy Cross, The Air Force | ||||||
24 | Cross, The Silver Star, The Bronze Star, or the Purple | ||||||
25 | Heart. | ||||||
26 | (2) It is a defense to a prosecution under paragraph |
| |||||||
| |||||||
1 | (e)(1) that the medal is used, or is intended to be used, | ||||||
2 | exclusively: | ||||||
3 | (A) for a dramatic presentation, such as a | ||||||
4 | theatrical, film, or television production, or a | ||||||
5 | historical re-enactment; or | ||||||
6 | (B) for a costume worn, or intended to be worn, by | ||||||
7 | a person under 18 years of age. | ||||||
8 | (f) Sentence. | ||||||
9 | (1) A violation of paragraph (a)(8) is a petty offense | ||||||
10 | subject to a fine of not less than $5 nor more than $100, | ||||||
11 | and the person, firm, copartnership, or corporation | ||||||
12 | commits an additional petty offense for each day he, she, | ||||||
13 | or it continues to commit the violation. A violation of | ||||||
14 | paragraph (c)(1) is a petty offense, and the company, | ||||||
15 | association, or person commits an additional petty offense | ||||||
16 | for each day he, she, or it continues to commit the | ||||||
17 | violation. A violation of subsection (e) is a petty offense | ||||||
18 | for which the offender shall be fined at least $100 and not | ||||||
19 | more than $200. | ||||||
20 | (2) A violation of paragraph (a)(1) or (a)(3) is a | ||||||
21 | Class C misdemeanor. | ||||||
22 | (3) A violation of paragraph (a)(2), (a)(2.5), (a)(7), | ||||||
23 | (a-7), (b)(2), or (b)(7) or subsection (d) is a Class A | ||||||
24 | misdemeanor. A second or subsequent violation of | ||||||
25 | subsection (d) is a Class 3 felony. | ||||||
26 | (4) A violation of paragraph (a)(4), (a)(5), (a)(6), |
| |||||||
| |||||||
1 | (b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is a | ||||||
2 | Class 4 felony. | ||||||
3 | (5) A violation of paragraph (b)(4), (b)(9), or (b)(12) | ||||||
4 | is a Class 3 felony. | ||||||
5 | (6) A violation of paragraph (b)(5) or (b)(10) is a | ||||||
6 | Class 2 felony. | ||||||
7 | (7) A violation of paragraph (b)(6) is a Class 1 | ||||||
8 | felony.
| ||||||
9 | (g) (e) A violation of subsection (a)(1) through (a)(7) or | ||||||
10 | subsection (e) of this Section may be accomplished in person or | ||||||
11 | by any means of communication, including but not limited to the | ||||||
12 | use of an Internet website or any form of electronic | ||||||
13 | communication. | ||||||
14 | (Source: P.A. 96-328, eff. 8-11-09; 96-1551, eff. 7-1-11; | ||||||
15 | 97-219, eff. 1-1-12; 97-597, eff. 1-1-12; incorporates change | ||||||
16 | to Sec. 32-5 from 97-219; revised 10-12-11.)
| ||||||
17 | (720 ILCS 5/17-3) (from Ch. 38, par. 17-3)
| ||||||
18 | Sec. 17-3. Forgery.
| ||||||
19 | (a) A person commits forgery when, with intent to defraud, | ||||||
20 | he or she knowingly:
| ||||||
21 | (1) makes a false document or alters any document to | ||||||
22 | make it false and that document is apparently capable of | ||||||
23 | defrauding
another; or
| ||||||
24 | (2) issues or delivers such document knowing it to have | ||||||
25 | been thus
made or altered; or
|
| |||||||
| |||||||
1 | (3) possesses, with intent to issue or deliver, any | ||||||
2 | such document
knowing it to have been thus made or altered; | ||||||
3 | or
| ||||||
4 | (4) unlawfully uses the digital signature, as defined | ||||||
5 | in the Financial
Institutions Electronic Documents and | ||||||
6 | Digital Signature Act, of another; or
| ||||||
7 | (5) unlawfully uses the signature device of another to | ||||||
8 | create
an electronic signature of that other person, as | ||||||
9 | those terms are defined in the
Electronic Commerce Security | ||||||
10 | Act.
| ||||||
11 | (b) (Blank).
| ||||||
12 | (c) A document apparently capable of defrauding another | ||||||
13 | includes, but is
not limited to, one by which any right, | ||||||
14 | obligation or power with reference
to any person or property | ||||||
15 | may be created, transferred, altered or
terminated. A document | ||||||
16 | includes any record or electronic record as those
terms are | ||||||
17 | defined in the Electronic Commerce Security Act. For purposes | ||||||
18 | of this Section, a document also includes a Universal Price | ||||||
19 | Code Label or coin.
| ||||||
20 | (c-5) For purposes of this Section, "false document" or | ||||||
21 | "document that is false" includes, but is not limited to, a | ||||||
22 | document whose contents are false in some material way, or that | ||||||
23 | purports to have been made by another or at another time, or | ||||||
24 | with different provisions, or by authority of one who did not | ||||||
25 | give such authority. | ||||||
26 | (d) Sentence.
|
| |||||||
| |||||||
1 | (1) Except as provided in paragraphs (2) and (3), | ||||||
2 | forgery is a Class 3 felony. | ||||||
3 | (2) Forgery is a Class 4 felony when only one Universal | ||||||
4 | Price Code Label is forged. | ||||||
5 | (3) Forgery is a Class A misdemeanor when an academic | ||||||
6 | degree or coin is forged.
| ||||||
7 | (e) It is not a violation of this Section if a false | ||||||
8 | academic degree explicitly states "for novelty purposes only". | ||||||
9 | (Source: P.A. 96-1551, eff. 7-1-11; 97-231, eff. 1-1-12; | ||||||
10 | revised 9-14-11.)
| ||||||
11 | (720 ILCS 5/17-10.2) (was 720 ILCS 5/17-29) | ||||||
12 | Sec. 17-10.2. Businesses owned by minorities, females, and | ||||||
13 | persons with disabilities; fraudulent contracts with | ||||||
14 | governmental units. | ||||||
15 | (a) In this Section: | ||||||
16 | "Minority person" means a person who is any of the | ||||||
17 | following : | ||||||
18 | (1) American Indian or Alaska Native (a person having | ||||||
19 | origins in any of the original peoples of North and South | ||||||
20 | America, including Central America, and who maintains | ||||||
21 | tribal affiliation or community attachment). | ||||||
22 | (2) Asian (a person having origins in any of the | ||||||
23 | original peoples of the Far East, Southeast Asia, or the | ||||||
24 | Indian subcontinent, including, but not limited to, | ||||||
25 | Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, |
| |||||||
| |||||||
1 | the Philippine Islands, Thailand, and Vietnam). | ||||||
2 | (3) Black or African American (a person having origins | ||||||
3 | in any of the black racial groups of Africa). Terms such as | ||||||
4 | "Haitian" or "Negro" can be used in addition to "Black or | ||||||
5 | African American". | ||||||
6 | (4) Hispanic or Latino (a person of Cuban, Mexican, | ||||||
7 | Puerto Rican, South or Central American, or other Spanish | ||||||
8 | culture or origin, regardless of race). | ||||||
9 | (5) Native Hawaiian or Other Pacific Islander (a person | ||||||
10 | having origins in any of the original peoples of Hawaii, | ||||||
11 | Guam, Samoa, or other Pacific Islands). | ||||||
12 | (1) African American (a person having origins in any
of | ||||||
13 | the black racial groups in Africa);
(2) Hispanic (a person | ||||||
14 | of Spanish or Portuguese
culture with origins in Mexico, | ||||||
15 | South or Central America, or the Caribbean Islands, | ||||||
16 | regardless of race);
(3) Asian American (a person having | ||||||
17 | origins in any
of the original peoples of the Far East, | ||||||
18 | Southeast Asia, the Indian Subcontinent or the Pacific | ||||||
19 | Islands); or
(4) Native American or Alaskan Native (a | ||||||
20 | person
having origins in any of the original peoples of | ||||||
21 | North America). | ||||||
22 | "Female" means a person who is of the female gender.
| ||||||
23 | "Person with a disability" means a person who is a | ||||||
24 | person qualifying as being disabled.
| ||||||
25 | "Disabled" means a severe physical or mental | ||||||
26 | disability that:
(1) results from:
amputation,
arthritis,
|
| |||||||
| |||||||
1 | autism,
blindness,
burn injury,
cancer,
cerebral palsy,
| ||||||
2 | cystic fibrosis,
deafness,
head injury,
heart disease,
| ||||||
3 | hemiplegia,
hemophilia,
respiratory or pulmonary | ||||||
4 | dysfunction, an intellectual disability
mental | ||||||
5 | retardation ,
mental illness,
multiple sclerosis,
muscular | ||||||
6 | dystrophy,
musculoskeletal disorders,
neurological | ||||||
7 | disorders, including stroke and epilepsy,
paraplegia,
| ||||||
8 | quadriplegia and other spinal cord conditions,
sickle cell | ||||||
9 | anemia,
specific learning disabilities, or
end stage renal | ||||||
10 | failure disease; and
(2) substantially limits one or more | ||||||
11 | of the person's major life activities. | ||||||
12 | "Minority owned business" means a business concern | ||||||
13 | that is at least 51% owned by one or more minority persons, | ||||||
14 | or in the case of a corporation, at least 51% of the stock | ||||||
15 | in which is owned by one or more minority persons; and the | ||||||
16 | management and daily business operations of which are | ||||||
17 | controlled by one or more of the minority individuals who | ||||||
18 | own it. | ||||||
19 | "Female owned business" means a business concern that | ||||||
20 | is at least 51% owned by one or more females, or, in the | ||||||
21 | case of a corporation, at least 51% of the stock in which | ||||||
22 | is owned by one or more females; and the management and | ||||||
23 | daily business operations of which are controlled by one or | ||||||
24 | more of the females who own it. | ||||||
25 | "Business owned by a person with a disability" means a | ||||||
26 | business concern that is at least 51% owned by one or more |
| |||||||
| |||||||
1 | persons with a disability and the management and daily | ||||||
2 | business operations of which are controlled by one or more | ||||||
3 | of the persons with disabilities who own it. A | ||||||
4 | not-for-profit agency for persons with disabilities that | ||||||
5 | is exempt from taxation under Section 501 of the Internal | ||||||
6 | Revenue Code of 1986 is also considered a "business owned | ||||||
7 | by a person with a disability". | ||||||
8 | "Governmental unit" means the State, a unit of local | ||||||
9 | government, or school district. | ||||||
10 | (b) In addition to any other penalties imposed by law or by | ||||||
11 | an ordinance or resolution of a unit of local government or | ||||||
12 | school district, any individual or entity that knowingly | ||||||
13 | obtains, or knowingly assists another to obtain, a contract | ||||||
14 | with a governmental unit, or a subcontract or written | ||||||
15 | commitment for a subcontract under a contract with a | ||||||
16 | governmental unit, by falsely representing that the individual | ||||||
17 | or entity, or the individual or entity assisted, is a minority | ||||||
18 | owned business, female owned business, or business owned by a | ||||||
19 | person with a disability is guilty of a Class 2 felony, | ||||||
20 | regardless of whether the preference for awarding the contract | ||||||
21 | to a minority owned business, female owned business, or | ||||||
22 | business owned by a person with a disability was established by | ||||||
23 | statute or by local ordinance or resolution. | ||||||
24 | (c) In addition to any other penalties authorized by law, | ||||||
25 | the court shall order that an individual or entity convicted of | ||||||
26 | a violation of this Section must pay to the governmental unit |
| |||||||
| |||||||
1 | that awarded the contract a penalty equal to one and one-half | ||||||
2 | times the amount of the contract obtained because of the false | ||||||
3 | representation.
| ||||||
4 | (Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff. | ||||||
5 | 1-1-12, and 97-396, eff. 1-1-12; revised 9-14-11.)
| ||||||
6 | (720 ILCS 5/17-10.6) | ||||||
7 | Sec. 17-10.6. Financial institution fraud. | ||||||
8 | (a) Misappropriation of financial institution property. A | ||||||
9 | person commits misappropriation of a financial institution's | ||||||
10 | property whenever he or she knowingly obtains or exerts | ||||||
11 | unauthorized control over any of the moneys, funds, credits, | ||||||
12 | assets, securities, or other property owned by or under the | ||||||
13 | custody or control of a financial institution, or under the | ||||||
14 | custody or care of any agent, officer, director, or employee of | ||||||
15 | such financial institution. | ||||||
16 | (b) Commercial bribery of a financial institution. | ||||||
17 | (1) A person commits commercial bribery of a financial | ||||||
18 | institution when he or she knowingly confers or offers or | ||||||
19 | agrees to confer any benefit upon any employee, agent, or | ||||||
20 | fiduciary without the consent of the latter's employer or | ||||||
21 | principal, with the intent to influence his or her conduct | ||||||
22 | in relation to his or her employer's or principal's | ||||||
23 | affairs. | ||||||
24 | (2) An employee, agent, or fiduciary of a financial | ||||||
25 | institution commits commercial bribery of a financial |
| |||||||
| |||||||
1 | institution when, without the consent of his or her | ||||||
2 | employer or principal, he or she knowingly solicits, | ||||||
3 | accepts, or agrees to accept any benefit from another | ||||||
4 | person upon an agreement or understanding that such benefit | ||||||
5 | will influence his or her conduct in relation to his or her | ||||||
6 | employer's or principal's affairs. | ||||||
7 | (c) Financial institution fraud. A person commits | ||||||
8 | financial institution fraud when he or she knowingly executes | ||||||
9 | or attempts to execute a scheme or artifice: | ||||||
10 | (1) to defraud a financial institution; or | ||||||
11 | (2) to obtain any of the moneys, funds, credits, | ||||||
12 | assets, securities, or other property owned by or under the | ||||||
13 | custody or control of a financial institution, by means of | ||||||
14 | pretenses, representations, or promises he or she knows to | ||||||
15 | be false. | ||||||
16 | (d) Loan fraud. A person commits loan fraud when he or she | ||||||
17 | knowingly, with intent to defraud, makes any false statement or | ||||||
18 | report, or overvalues any land, property, or security, with the | ||||||
19 | intent to influence in any way the action of a financial | ||||||
20 | institution to act upon any application, advance, discount, | ||||||
21 | purchase, purchase agreement, repurchase agreement, | ||||||
22 | commitment, or loan, or any change or extension of any of the | ||||||
23 | same, by renewal, deferment of action, or otherwise, or the | ||||||
24 | acceptance, release, or substitution of security. | ||||||
25 | (e) Concealment of collateral. A person commits | ||||||
26 | concealment of collateral when he or she, with intent to |
| |||||||
| |||||||
1 | defraud, knowingly conceals, removes, disposes of, or converts | ||||||
2 | to the person's own use or to that of another any property | ||||||
3 | mortgaged or pledged to or held by a financial institution. | ||||||
4 | (f) Financial institution robbery. A person commits | ||||||
5 | robbery when he or she knowingly, by force or threat of force, | ||||||
6 | or by intimidation, takes, or attempts to take, from the person | ||||||
7 | or presence of another, or obtains or attempts to obtain by | ||||||
8 | extortion, any property or money or any other thing of value | ||||||
9 | belonging to, or in the care, custody, control, management, or | ||||||
10 | possession of, a financial institution. | ||||||
11 | (g) Conspiracy to commit a financial crime. | ||||||
12 | (1) A person commits conspiracy to commit a financial | ||||||
13 | crime when, with the intent that any violation of this | ||||||
14 | Section be committed, he or she agrees with another person | ||||||
15 | to the commission of that offense. | ||||||
16 | (2) No person may be convicted of conspiracy to commit | ||||||
17 | a financial crime unless an overt act or acts in | ||||||
18 | furtherance of the agreement is alleged and proved to have | ||||||
19 | been committed by that person or by a co-conspirator and | ||||||
20 | the accused is a part of a common scheme or plan to engage | ||||||
21 | in the unlawful activity. | ||||||
22 | (3) It shall not be a defense to conspiracy to commit a | ||||||
23 | financial crime that the person or persons with whom the | ||||||
24 | accused is alleged to have conspired: | ||||||
25 | (A) has not been prosecuted or convicted; | ||||||
26 | (B) has been convicted of a different offense; |
| |||||||
| |||||||
1 | (C) is not amenable to justice; | ||||||
2 | (D) has been acquitted; or | ||||||
3 | (E) lacked the capacity to commit the offense. | ||||||
4 | (h) Continuing financial crimes enterprise. A person | ||||||
5 | commits a continuing financial crimes enterprise when he or she | ||||||
6 | knowingly, within an 18-month period, commits 3 or more | ||||||
7 | separate offenses constituting any combination of the | ||||||
8 | following: | ||||||
9 | (1) an offense under this Section ; | ||||||
10 | (2) a felony offense in violation of Section 16A-3 or | ||||||
11 | subsection (a) of Section 16-25 or paragraph (4) or (5) of | ||||||
12 | subsection (a) of Section 16-1 of this Code for the purpose | ||||||
13 | of reselling or otherwise re-entering the merchandise in | ||||||
14 | commerce, including conveying the merchandise to a | ||||||
15 | merchant in exchange for anything of value; or | ||||||
16 | (3) , if involving a financial institution, any other | ||||||
17 | felony offense offenses under this Code. | ||||||
18 | (i) Organizer of a continuing financial crimes enterprise. | ||||||
19 | (1) A person commits being an organizer of a continuing | ||||||
20 | financial crimes enterprise when he or she: | ||||||
21 | (A) with the intent to commit any offense under | ||||||
22 | this Section , agrees with another person to the | ||||||
23 | commission of any combination of the following | ||||||
24 | offenses on 3 or
more separate occasions within an | ||||||
25 | 18-month period: | ||||||
26 | (i) an offense under this Section; |
| |||||||
| |||||||
1 | (ii) a felony offense in violation of Section | ||||||
2 | 16A-3 or subsection (a) of Section 16-25 or | ||||||
3 | paragraph (4) or (5) of subsection (a) of Section | ||||||
4 | 16-1 of this Code for the purpose of reselling or | ||||||
5 | otherwise re-entering the merchandise in commerce, | ||||||
6 | including conveying the merchandise to a merchant | ||||||
7 | in exchange for anything of value; or | ||||||
8 | (iii) , if involving a financial institution, | ||||||
9 | any other felony offense under this Code , agrees | ||||||
10 | with another person to the commission of that | ||||||
11 | offense on 3 or more separate occasions within an | ||||||
12 | 18-month period ; and | ||||||
13 | (B) with respect to the other persons within the | ||||||
14 | conspiracy, occupies a position of organizer, | ||||||
15 | supervisor, or financier or other position of | ||||||
16 | management. | ||||||
17 | (2) The person with whom the accused agreed to commit | ||||||
18 | the 3 or more offenses under this Section, or, if involving | ||||||
19 | a financial institution, any other felony offenses under | ||||||
20 | this Code, need not be the same person or persons for each | ||||||
21 | offense, as long as the accused was a part of the common | ||||||
22 | scheme or plan to engage in each of the 3 or more alleged | ||||||
23 | offenses. | ||||||
24 | (j) Sentence. | ||||||
25 | (1) Except as otherwise provided in this subsection, a | ||||||
26 | violation of this Section, the full value of which: |
| |||||||
| |||||||
1 | (A) does not exceed $500, is a Class A misdemeanor; | ||||||
2 | (B) does not exceed $500, and the person has been | ||||||
3 | previously convicted of a financial crime or any type | ||||||
4 | of theft, robbery, armed robbery, burglary, | ||||||
5 | residential burglary, possession of burglary tools, or | ||||||
6 | home invasion, is guilty of a Class 4 felony; | ||||||
7 | (C) exceeds $500 but does not exceed $10,000, is a | ||||||
8 | Class 3 felony; | ||||||
9 | (D) exceeds $10,000 but does not exceed $100,000, | ||||||
10 | is a Class 2 felony; | ||||||
11 | (E) exceeds $100,000 but does not exceed $500,000 , | ||||||
12 | is a Class 1 felony ; . | ||||||
13 | (F) exceeds $500,000 but does not exceed | ||||||
14 | $1,000,000, is a Class 1 non-probationable felony; | ||||||
15 | when a charge of financial crime, the full value of | ||||||
16 | which exceeds $500,000 but does not exceed $1,000,000, | ||||||
17 | is brought, the value of the financial crime involved | ||||||
18 | is an element of the offense to be resolved by the | ||||||
19 | trier of fact as either exceeding or not exceeding | ||||||
20 | $500,000; | ||||||
21 | (G) exceeds $1,000,000, is a Class X felony; when a | ||||||
22 | charge of financial crime, the full value of which | ||||||
23 | exceeds $1,000,000, is brought, the value of the | ||||||
24 | financial crime involved is an element of the offense | ||||||
25 | to be resolved by the trier of fact as either exceeding | ||||||
26 | or not exceeding $1,000,000. |
| |||||||
| |||||||
1 | (2) A violation of subsection (f) is a Class 1 felony. | ||||||
2 | (3) A violation of subsection (h) is a Class 1 felony. | ||||||
3 | (4) A violation for subsection (i) is a Class X felony. | ||||||
4 | (k) A "financial crime" means an offense described in this | ||||||
5 | Section. | ||||||
6 | (l) Period of limitations. The period of limitations for | ||||||
7 | prosecution of any offense defined in this Section begins at | ||||||
8 | the time when the last act in furtherance of the offense is | ||||||
9 | committed.
| ||||||
10 | (m) Forfeiture. Any violation of subdivision (2) of | ||||||
11 | subsection (h) or subdivision (i)(1)(A)(ii) shall be subject to | ||||||
12 | the remedies, procedures, and forfeiture as set forth in | ||||||
13 | subsections (f) through (s) of Section 29B-1 of this Code. | ||||||
14 | (Source: P.A. 96-1551, eff. 7-1-11; incorporates P.A. 96-1532, | ||||||
15 | eff. 1-1-12, and 97-147, eff. 1-1-12; revised 10-12-11.)
| ||||||
16 | (720 ILCS 5/24-3.8) | ||||||
17 | Sec. 24-3.8. Possession of a stolen firearm.
| ||||||
18 | (a) A person commits possession of a stolen firearm when he | ||||||
19 | or she, not
being entitled to the possession of a firearm, | ||||||
20 | possesses or delivers the
firearm, knowing it to have been | ||||||
21 | stolen or converted. The trier of fact may infer that
a person | ||||||
22 | who possesses a firearm with knowledge that its serial number | ||||||
23 | has
been removed or altered has knowledge that the firearm is | ||||||
24 | stolen or converted.
| ||||||
25 | (b) Possession of a stolen firearm is a Class 2 felony.
|
| |||||||
| |||||||
1 | (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff. | ||||||
2 | 1-1-12; revised 9-21-11.)
| ||||||
3 | (720 ILCS 5/24-3.9) | ||||||
4 | Sec. 24-3.9. Aggravated possession of a stolen firearm.
| ||||||
5 | (a) A person commits aggravated possession of a stolen | ||||||
6 | firearm when he
or she:
| ||||||
7 | (1) Not being entitled to the possession of not less | ||||||
8 | than 2 and
not more than 5 firearms, possesses or delivers | ||||||
9 | those firearms at the
same time or within a one-year | ||||||
10 | period, knowing the firearms to have been
stolen or | ||||||
11 | converted.
| ||||||
12 | (2) Not being entitled to the possession of not less | ||||||
13 | than 6 and
not more than 10 firearms, possesses or delivers | ||||||
14 | those firearms at the
same time or within a 2-year period, | ||||||
15 | knowing the firearms to have been
stolen or converted.
| ||||||
16 | (3) Not being entitled to the possession of not less | ||||||
17 | than 11 and
not more than 20 firearms, possesses or | ||||||
18 | delivers those firearms at the
same time or within a 3-year | ||||||
19 | period, knowing the firearms to have been
stolen or | ||||||
20 | converted.
| ||||||
21 | (4) Not being entitled to the possession of not less | ||||||
22 | than 21 and
not more than 30 firearms, possesses or | ||||||
23 | delivers those firearms at the
same time or within a 4-year | ||||||
24 | period, knowing the firearms to have been
stolen or | ||||||
25 | converted.
|
| |||||||
| |||||||
1 | (5) Not being entitled to the possession of more than | ||||||
2 | 30 firearms,
possesses or delivers those firearms at the
| ||||||
3 | same time or within a 5-year period, knowing the firearms | ||||||
4 | to have been
stolen or converted.
| ||||||
5 | (b) The trier of fact may infer that a person who possesses | ||||||
6 | a firearm with
knowledge that its serial number has been | ||||||
7 | removed or altered has
knowledge that the firearm is stolen or | ||||||
8 | converted.
| ||||||
9 | (c) Sentence.
| ||||||
10 | (1) A person who violates paragraph (1) of subsection | ||||||
11 | (a) of this
Section commits a Class 1 felony.
| ||||||
12 | (2) A person who violates paragraph (2) of subsection | ||||||
13 | (a) of this
Section commits a Class X felony for which he | ||||||
14 | or she shall be sentenced
to a term of imprisonment of not | ||||||
15 | less than 6 years and not more than 30
years.
| ||||||
16 | (3) A person who violates paragraph (3) of subsection | ||||||
17 | (a) of this
Section commits a Class X felony for which he | ||||||
18 | or she shall be sentenced
to a term of imprisonment of not | ||||||
19 | less than 6 years and not more than 40
years.
| ||||||
20 | (4) A person who violates paragraph (4) of subsection | ||||||
21 | (a) of this
Section commits a Class X felony for which he | ||||||
22 | or she shall be sentenced
to a term of imprisonment of not | ||||||
23 | less than 6 years and not more than 50
years.
| ||||||
24 | (5) A person who violates paragraph (5) of subsection | ||||||
25 | (a) of this
Section commits a Class X felony for which he | ||||||
26 | or she shall be sentenced
to a term of imprisonment of not |
| |||||||
| |||||||
1 | less than 6 years and not more than 60
years.
| ||||||
2 | (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff. | ||||||
3 | 1-1-12; revised 9-21-11.)
| ||||||
4 | (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
| ||||||
5 | Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used | ||||||
6 | with the knowledge
and consent of the owner in the commission | ||||||
7 | of, or in the attempt to commit as
defined in Section 8-4 of | ||||||
8 | this Code, an offense prohibited by (a) Section 9-1,
9-3,
10-2, | ||||||
9 | 11-1.20, 11-1.30, 11-1.40, 11-6, 11-14.4 except for keeping a | ||||||
10 | place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2, | ||||||
11 | 11-20.1, 11-20.1B, 11-20.3,
12-4.1, 12-4.2, 12-4.2-5, 12-4.3, | ||||||
12 | 12-4.6,
12-7.3, 12-7.4, 12-13, 12-14,
16-1 if the theft is of | ||||||
13 | precious metal or of scrap metal, 18-2, 19-1, 19-2, 19-3, 20-1, | ||||||
14 | 20-2,
24-1.2,
24-1.2-5,
24-1.5, 28-1, or 29D-15.2 of this Code, | ||||||
15 | subdivision (a)(1), (a)(2), (a)(4), (b)(1), (e)(1), (e)(2), | ||||||
16 | (e)(3), (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05,
| ||||||
17 | paragraph (a) of Section 12-4 of this Code, paragraph (a) of | ||||||
18 | Section 11-1.50,
paragraph (a) of Section 12-15, paragraph (a), | ||||||
19 | (c), or (d) of Section 11-1.60, or paragraphs (a), (c) or (d) | ||||||
20 | of Section
12-16 of this Code, or paragraph (a)(6) or (a)(7) of | ||||||
21 | Section
24-1 of this Code;
(b) Section 21, 22, 23, 24 or 26 of | ||||||
22 | the Cigarette Tax
Act if the vessel, vehicle or aircraft | ||||||
23 | contains more than 10 cartons of
such cigarettes; (c) Section | ||||||
24 | 28, 29 or 30 of the Cigarette Use Tax Act if
the vessel, | ||||||
25 | vehicle or aircraft contains more than 10 cartons of such
|
| |||||||
| |||||||
1 | cigarettes; (d) Section 44 of the Environmental Protection Act; | ||||||
2 | (e)
11-204.1
of the Illinois Vehicle Code; (f)
(1) driving | ||||||
3 | under the influence of alcohol or other drug or drugs, | ||||||
4 | intoxicating compound or compounds or any
combination thereof | ||||||
5 | under Section 11-501 of the Illinois Vehicle Code during a | ||||||
6 | period in which his
or her driving privileges are revoked or | ||||||
7 | suspended where
the revocation or suspension was for driving | ||||||
8 | under the influence of alcohol or other drug or drugs, | ||||||
9 | intoxicating compound or compounds or any
combination thereof, | ||||||
10 | Section 11-501.1, paragraph (b) of Section
11-401, or for | ||||||
11 | reckless homicide as defined in Section 9-3
of the Criminal | ||||||
12 | Code of 1961; (2)
driving while under the influence of alcohol, | ||||||
13 | other drug or drugs, intoxicating compound or compounds or any | ||||||
14 | combination thereof and has been previously convicted of | ||||||
15 | reckless homicide or a similar provision of a law of another | ||||||
16 | state relating to reckless homicide in which the person was | ||||||
17 | determined to have been under the influence of alcohol, other | ||||||
18 | drug or drugs, or intoxicating compound or compounds as an | ||||||
19 | element of the offense or the person has previously been | ||||||
20 | convicted of committing a violation of
driving under the | ||||||
21 | influence of alcohol or other drug or drugs, intoxicating | ||||||
22 | compound or compounds or any
combination thereof and was | ||||||
23 | involved in a motor vehicle accident that resulted in death, | ||||||
24 | great bodily harm, or permanent disability or disfigurement to | ||||||
25 | another, when the violation was a proximate cause of the death | ||||||
26 | or injuries; (3) the person committed a violation of driving |
| |||||||
| |||||||
1 | under the influence of alcohol or other drug or drugs, | ||||||
2 | intoxicating compound or compounds or any
combination thereof | ||||||
3 | under Section 11-501 of the Illinois Vehicle Code or a similar | ||||||
4 | provision for the third or subsequent
time; (4) the person | ||||||
5 | committed the violation while he
or she did not possess a | ||||||
6 | driver's license or permit or a restricted driving permit or a | ||||||
7 | judicial driving permit or a monitoring device driving permit; | ||||||
8 | or (5) the person committed the violation while he or she knew | ||||||
9 | or should have known that the vehicle he or she was driving was | ||||||
10 | not covered by a liability insurance policy; (g) an offense | ||||||
11 | described in subsection (g) of Section 6-303 of the
Illinois | ||||||
12 | Vehicle Code; or (h) an offense described in subsection (e) of
| ||||||
13 | Section 6-101 of the Illinois Vehicle Code;
may be
seized and | ||||||
14 | delivered forthwith to the sheriff of the county of seizure.
| ||||||
15 | Within 15 days after such delivery the sheriff shall give | ||||||
16 | notice of seizure
to each person according to the following | ||||||
17 | method: Upon each such person
whose right, title or interest is | ||||||
18 | of record in the office of the Secretary
of State, the | ||||||
19 | Secretary of Transportation, the Administrator of the Federal
| ||||||
20 | Aviation Agency, or any other Department of this State, or any | ||||||
21 | other state
of the United States if such vessel, vehicle or | ||||||
22 | aircraft is required to be
so registered, as the case may be, | ||||||
23 | by mailing a copy of the notice by
certified mail to the | ||||||
24 | address as given upon the records of the Secretary of
State, | ||||||
25 | the Department of Aeronautics, Department of Public Works and
| ||||||
26 | Buildings or any other Department of this State or the United |
| |||||||
| |||||||
1 | States if
such vessel, vehicle or aircraft is required to be so | ||||||
2 | registered. Within
that 15 day period the sheriff shall also | ||||||
3 | notify the State's Attorney of
the county of seizure about the | ||||||
4 | seizure.
| ||||||
5 | In addition, any mobile or portable equipment used in the | ||||||
6 | commission of an
act which is in violation of Section 7g of the | ||||||
7 | Metropolitan Water Reclamation
District Act shall be subject to | ||||||
8 | seizure and forfeiture under the same
procedures provided in | ||||||
9 | this Article for the seizure and forfeiture of vessels,
| ||||||
10 | vehicles and aircraft, and any such equipment shall be deemed a | ||||||
11 | vessel, vehicle
or aircraft for purposes of this Article.
| ||||||
12 | When a person discharges a firearm at another individual | ||||||
13 | from a vehicle with
the knowledge and consent of the owner of | ||||||
14 | the vehicle and with the intent to
cause death or great bodily | ||||||
15 | harm to that individual and as a result causes
death or great | ||||||
16 | bodily harm to that individual, the vehicle shall be subject to
| ||||||
17 | seizure and forfeiture under the same procedures provided in | ||||||
18 | this Article for
the seizure and forfeiture of vehicles used in | ||||||
19 | violations of clauses (a), (b),
(c), or (d) of this Section.
| ||||||
20 | If the spouse of the owner of a vehicle seized for
an | ||||||
21 | offense described in subsection (g) of Section 6-303 of the
| ||||||
22 | Illinois Vehicle Code,
a violation of
subdivision (d)(1)(A), | ||||||
23 | (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I)
of Section | ||||||
24 | 11-501 of the Illinois Vehicle
Code, or Section 9-3 of this
| ||||||
25 | Code makes a showing
that the seized vehicle is the only source | ||||||
26 | of transportation and it is
determined that the financial |
| |||||||
| |||||||
1 | hardship to the family as a result of the seizure
outweighs the | ||||||
2 | benefit to the State from the seizure, the vehicle may be
| ||||||
3 | forfeited to the spouse or family member and the title to the | ||||||
4 | vehicle shall be
transferred to the spouse or family member who | ||||||
5 | is properly licensed and who
requires the use of the vehicle | ||||||
6 | for employment or family transportation
purposes. A written | ||||||
7 | declaration of forfeiture of a vehicle under this
Section shall | ||||||
8 | be sufficient cause for the title to be transferred to the | ||||||
9 | spouse
or family member. The provisions of this paragraph shall | ||||||
10 | apply only to one
forfeiture per vehicle. If the vehicle is the | ||||||
11 | subject of a subsequent
forfeiture proceeding by virtue of a | ||||||
12 | subsequent conviction of either spouse or
the family member, | ||||||
13 | the spouse or family member to whom the vehicle was
forfeited | ||||||
14 | under the first forfeiture proceeding may not utilize the
| ||||||
15 | provisions of this paragraph in another forfeiture proceeding. | ||||||
16 | If the owner of
the vehicle seized owns more than one vehicle,
| ||||||
17 | the procedure set out in this paragraph may be used for only | ||||||
18 | one vehicle.
| ||||||
19 | Property declared contraband under Section 40 of the | ||||||
20 | Illinois Streetgang
Terrorism Omnibus Prevention Act may be | ||||||
21 | seized and forfeited under this
Article.
| ||||||
22 | (Source: P.A. 96-313, eff. 1-1-10; 96-710, eff. 1-1-10; | ||||||
23 | 96-1000, eff. 7-2-10; 96-1267, eff. 7-26-10; 96-1289, eff. | ||||||
24 | 1-1-11; 96-1551, Article 1, Section 960, eff. 7-1-11; 96-1551, | ||||||
25 | Article 2, Section 1035, eff. 7-1-11; 97-333, eff. 8-12-11; | ||||||
26 | revised 9-14-11.)
|
| |||||||
| |||||||
1 | (720 ILCS 5/36.5-5) | ||||||
2 | Sec. 36.5-5. Vehicle impoundment. | ||||||
3 | (a) In addition to any other penalty provided by law, a | ||||||
4 | peace officer who arrests a person for a violation of Section | ||||||
5 | 10-9, 11-14 10-14 , 11-14.1, 11-14.3, 11-14.4, 11-18, or 11-18.1 | ||||||
6 | of this Code, may tow and impound any vehicle used by the | ||||||
7 | person in the commission of the offense. The person arrested | ||||||
8 | for one or more such violations shall be charged a $1,000 fee, | ||||||
9 | to be paid to the unit of government that made the arrest. The | ||||||
10 | person may recover the vehicle from the impound after a minimum | ||||||
11 | of 2 hours after arrest upon payment of the fee. | ||||||
12 | (b) $500 of the fee shall be distributed to the unit of | ||||||
13 | government whose peace officers made the arrest, for the costs | ||||||
14 | incurred by the unit of government to tow and impound the | ||||||
15 | vehicle. Upon the defendant's conviction of one or more of the | ||||||
16 | offenses in connection with which the vehicle was impounded and | ||||||
17 | the fee imposed under this Section, the remaining $500 of the | ||||||
18 | fee shall be deposited into the DHS State Projects Violent | ||||||
19 | Crime Victims Assistance Fund and shall be used by the | ||||||
20 | Department of Human Services to make grants to non-governmental | ||||||
21 | organizations to provide services for persons encountered | ||||||
22 | during the course of an investigation into any violation of | ||||||
23 | Section 10-9, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, | ||||||
24 | 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, | ||||||
25 | 11-19.1, or 11-19.2 of this Code, provided such persons |
| |||||||
| |||||||
1 | constitute prostituted persons or other victims of human | ||||||
2 | trafficking. | ||||||
3 | (c) Upon the presentation by the defendant of a signed | ||||||
4 | court order showing that the defendant has been acquitted of | ||||||
5 | all of the offenses in connection with which a vehicle was | ||||||
6 | impounded and a fee imposed under this Section, or that the | ||||||
7 | charges against the defendant for those offenses have been | ||||||
8 | dismissed, the unit of government shall refund the $1,000 fee | ||||||
9 | to the defendant.
| ||||||
10 | (Source: P.A. 96-1551, eff. 7-1-11; incorporates 96-1503, eff. | ||||||
11 | 1-27-11, and 97-333, eff. 8-12-11; revised 9-14-11.)
| ||||||
12 | Section 15-60. The Code of Criminal Procedure of 1963 is | ||||||
13 | amended by changing Sections 110-6.3, 110-10, 111-8, 115-7.3, | ||||||
14 | and 115-10.3 as follows:
| ||||||
15 | (725 ILCS 5/110-6.3) (from Ch. 38, par. 110-6.3)
| ||||||
16 | Sec. 110-6.3.
Denial of bail in stalking and aggravated | ||||||
17 | stalking
offenses.
| ||||||
18 | (a) Upon verified petition by the State, the court shall | ||||||
19 | hold a
hearing to determine whether bail should be denied to a | ||||||
20 | defendant who is
charged with
stalking or aggravated stalking, | ||||||
21 | when it is alleged that the defendant's
admission to bail poses | ||||||
22 | a real and present threat to the physical safety of
the alleged | ||||||
23 | victim of the offense, and denial of release on bail or
| ||||||
24 | personal recognizance is necessary to prevent fulfillment of |
| |||||||
| |||||||
1 | the threat
upon which the charge is based.
| ||||||
2 | (1) A petition may be filed without prior notice to the | ||||||
3 | defendant at the
first appearance before a judge, or within | ||||||
4 | 21 calendar days, except as
provided in Section 110-6, | ||||||
5 | after arrest and release of the defendant upon
reasonable | ||||||
6 | notice to defendant; provided that while the petition is
| ||||||
7 | pending before the court, the defendant if previously | ||||||
8 | released shall not be
detained.
| ||||||
9 | (2) The hearing shall be held immediately upon the | ||||||
10 | defendant's
appearance before the court, unless for good | ||||||
11 | cause shown the defendant or
the State seeks a continuance. | ||||||
12 | A continuance on motion of the defendant
may not exceed 5 | ||||||
13 | calendar days, and the defendant may be held in custody
| ||||||
14 | during the continuance. A continuance on the motion of the | ||||||
15 | State may not
exceed 3 calendar days; however, the | ||||||
16 | defendant may be held in custody
during the continuance | ||||||
17 | under this provision if the defendant has been
previously | ||||||
18 | found to have violated an order of protection or has been
| ||||||
19 | previously convicted of, or granted court supervision for, | ||||||
20 | any of the
offenses set forth in Sections 11-1.20, 11-1.30, | ||||||
21 | 11-1.40, 11-1.50, 11-1.60, 12-2,
12-3.05, 12-3.2, 12-3.3, | ||||||
22 | 12-4, 12-4.1, 12-7.3, 12-7.4, 12-13,
12-14, 12-14.1, 12-15 | ||||||
23 | or 12-16 of the Criminal Code of 1961, against the
same | ||||||
24 | person
as the alleged victim of the stalking or aggravated | ||||||
25 | stalking offense.
| ||||||
26 | (b) The court may deny bail to the defendant when, after |
| |||||||
| |||||||
1 | the hearing, it
is determined that:
| ||||||
2 | (1) the proof is evident or the presumption great that | ||||||
3 | the defendant has
committed the offense of stalking or | ||||||
4 | aggravated stalking; and
| ||||||
5 | (2) the defendant poses a real and present threat to | ||||||
6 | the physical safety
of the alleged victim of the offense; | ||||||
7 | and
| ||||||
8 | (3) the denial of release on bail or personal | ||||||
9 | recognizance is
necessary to prevent fulfillment of the | ||||||
10 | threat upon which the charge is based;
and
| ||||||
11 | (4) the court finds that no condition or combination of | ||||||
12 | conditions set
forth in subsection (b) of Section 110-10 of | ||||||
13 | this Code, including mental
health treatment at a community | ||||||
14 | mental health center, hospital, or
facility of the | ||||||
15 | Department of Human Services,
can reasonably assure the | ||||||
16 | physical safety of the alleged victim of the offense.
| ||||||
17 | (c) Conduct of the hearings.
| ||||||
18 | (1) The hearing on the defendant's culpability and | ||||||
19 | threat to the
alleged victim of the offense shall be
| ||||||
20 | conducted in accordance with the following provisions:
| ||||||
21 | (A) Information used by the court in its findings | ||||||
22 | or stated in or
offered
at the hearing may be by way of | ||||||
23 | proffer based upon reliable information
offered by the | ||||||
24 | State or by defendant. Defendant has the right to be
| ||||||
25 | represented by counsel, and if he is indigent, to have | ||||||
26 | counsel appointed
for him. Defendant shall have the |
| |||||||
| |||||||
1 | opportunity to testify, to present
witnesses in his own | ||||||
2 | behalf, and to cross-examine witnesses if any are
| ||||||
3 | called by the State. The defendant has the right to | ||||||
4 | present witnesses in
his favor. When the ends of | ||||||
5 | justice so require, the court may exercise
its | ||||||
6 | discretion and compel the appearance of a complaining
| ||||||
7 | witness. The court shall state on the record reasons | ||||||
8 | for granting a
defense request to compel the presence | ||||||
9 | of a complaining witness.
Cross-examination of a | ||||||
10 | complaining witness at the pretrial detention hearing | ||||||
11 | for
the purpose of impeaching the witness' credibility | ||||||
12 | is insufficient reason
to compel the presence of the | ||||||
13 | witness. In deciding whether to compel the
appearance | ||||||
14 | of a complaining witness, the court shall be | ||||||
15 | considerate of the
emotional and physical well-being | ||||||
16 | of the witness.
The pretrial detention hearing is not | ||||||
17 | to be used for the purposes of
discovery, and the post | ||||||
18 | arraignment rules of discovery do not apply. The
State | ||||||
19 | shall tender to the
defendant, prior to the hearing, | ||||||
20 | copies of defendant's criminal history, if
any, if | ||||||
21 | available, and any written or recorded statements and | ||||||
22 | the substance
of any oral statements made by any | ||||||
23 | person, if relied upon by the State.
The rules | ||||||
24 | concerning the admissibility of evidence in
criminal | ||||||
25 | trials do not apply to the presentation and | ||||||
26 | consideration of
information at the hearing. At the |
| |||||||
| |||||||
1 | trial concerning the offense for which
the hearing was | ||||||
2 | conducted neither the finding of the court nor any
| ||||||
3 | transcript or other record of the hearing shall be | ||||||
4 | admissible in the
State's case in chief, but shall be | ||||||
5 | admissible for impeachment, or as
provided in Section | ||||||
6 | 115-10.1 of this Code, or in a perjury proceeding.
| ||||||
7 | (B) A motion by the defendant to suppress evidence | ||||||
8 | or to suppress a
confession shall not be entertained. | ||||||
9 | Evidence that proof may have been
obtained as the | ||||||
10 | result of an unlawful search and seizure or through
| ||||||
11 | improper interrogation is not relevant to this state of | ||||||
12 | the prosecution.
| ||||||
13 | (2) The facts relied upon by the court to support a | ||||||
14 | finding that:
| ||||||
15 | (A) the
defendant poses a real and present threat | ||||||
16 | to the physical safety of the
alleged victim of the | ||||||
17 | offense; and
| ||||||
18 | (B) the denial of release on bail or personal
| ||||||
19 | recognizance is necessary to prevent fulfillment of | ||||||
20 | the threat upon which
the charge is based;
| ||||||
21 | shall be supported by clear and convincing evidence
| ||||||
22 | presented by the State.
| ||||||
23 | (d) Factors to be considered in making a determination of | ||||||
24 | the threat to
the alleged victim of the offense.
The court may, | ||||||
25 | in determining whether the defendant poses, at the time of
the | ||||||
26 | hearing, a real and
present threat to the physical safety of |
| |||||||
| |||||||
1 | the alleged victim of the offense,
consider but
shall not be | ||||||
2 | limited to evidence or testimony concerning:
| ||||||
3 | (1) The nature and circumstances of the offense | ||||||
4 | charged;
| ||||||
5 | (2) The history and characteristics of the defendant | ||||||
6 | including:
| ||||||
7 | (A) Any evidence of the defendant's prior criminal | ||||||
8 | history indicative of
violent, abusive or assaultive | ||||||
9 | behavior, or lack of that behavior. The
evidence may | ||||||
10 | include testimony or documents received in juvenile
| ||||||
11 | proceedings, criminal, quasi-criminal, civil | ||||||
12 | commitment, domestic relations
or other proceedings;
| ||||||
13 | (B) Any evidence of the defendant's psychological, | ||||||
14 | psychiatric or other
similar social history that tends | ||||||
15 | to indicate a violent, abusive, or
assaultive nature, | ||||||
16 | or lack of any such history.
| ||||||
17 | (3) The nature of the threat which is the basis of the | ||||||
18 | charge against the defendant;
| ||||||
19 | (4) Any statements made by, or attributed to the | ||||||
20 | defendant, together with
the circumstances surrounding | ||||||
21 | them;
| ||||||
22 | (5) The age and physical condition of any person | ||||||
23 | assaulted
by the defendant;
| ||||||
24 | (6) Whether the defendant is known to possess or have | ||||||
25 | access to any
weapon or weapons;
| ||||||
26 | (7) Whether, at the time of the current offense or any |
| |||||||
| |||||||
1 | other offense or
arrest, the defendant was on probation, | ||||||
2 | parole, mandatory supervised
release or other release from | ||||||
3 | custody pending trial, sentencing, appeal or
completion of | ||||||
4 | sentence for an offense under federal or state law;
| ||||||
5 | (8) Any other factors, including those listed in | ||||||
6 | Section 110-5 of this
Code, deemed by the court to have a | ||||||
7 | reasonable bearing upon the
defendant's propensity or | ||||||
8 | reputation for violent, abusive or assaultive
behavior, or | ||||||
9 | lack of that behavior.
| ||||||
10 | (e) The court shall, in any order denying bail to a person | ||||||
11 | charged with
stalking or aggravated stalking:
| ||||||
12 | (1) briefly summarize the evidence of the defendant's | ||||||
13 | culpability and its
reasons for concluding that the | ||||||
14 | defendant should be held without bail;
| ||||||
15 | (2) direct that the defendant be committed to the | ||||||
16 | custody of the sheriff
for confinement in the county jail | ||||||
17 | pending trial;
| ||||||
18 | (3) direct that the defendant be given a reasonable | ||||||
19 | opportunity for
private consultation with counsel, and for | ||||||
20 | communication with others of his
choice by visitation, mail | ||||||
21 | and telephone; and
| ||||||
22 | (4) direct that the sheriff deliver the defendant as | ||||||
23 | required for
appearances in connection with court | ||||||
24 | proceedings.
| ||||||
25 | (f) If the court enters an order for the detention of the | ||||||
26 | defendant
under subsection (e) of this Section, the defendant |
| |||||||
| |||||||
1 | shall be brought to
trial on the offense for which he is | ||||||
2 | detained within 90 days after the date
on which the order for | ||||||
3 | detention was entered. If the defendant is not
brought to trial | ||||||
4 | within the 90 day period required by this subsection (f),
he | ||||||
5 | shall not be held longer without bail. In computing the 90 day | ||||||
6 | period,
the court shall omit any period of delay resulting from | ||||||
7 | a continuance
granted at the request of the defendant.
The | ||||||
8 | court shall immediately notify the alleged victim of the | ||||||
9 | offense that the defendant
has been admitted to bail under this | ||||||
10 | subsection.
| ||||||
11 | (g) Any person shall be entitled to appeal any
order | ||||||
12 | entered under this Section denying bail to the defendant.
| ||||||
13 | (h) The State may appeal any order entered under this | ||||||
14 | Section denying any
motion for denial of bail.
| ||||||
15 | (i) Nothing in this Section shall be construed as modifying | ||||||
16 | or limiting
in any way the defendant's presumption of innocence | ||||||
17 | in further criminal
proceedings.
| ||||||
18 | (Source: P.A. 96-1551, Article 1, Section 965, eff. 7-1-11; | ||||||
19 | 96-1551, Article 2, Section 1040, eff. 7-1-11; revised | ||||||
20 | 9-30-11.)
| ||||||
21 | (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
| ||||||
22 | Sec. 110-10. Conditions of bail bond.
| ||||||
23 | (a) If a person is released prior to conviction, either | ||||||
24 | upon payment of
bail security or on his or her own | ||||||
25 | recognizance, the conditions of the bail
bond shall be that he |
| |||||||
| |||||||
1 | or she will:
| ||||||
2 | (1) Appear to answer the charge in the court having | ||||||
3 | jurisdiction on
a day certain and thereafter as ordered by | ||||||
4 | the court until discharged or
final order of the court;
| ||||||
5 | (2) Submit himself or herself to the orders and process | ||||||
6 | of the court;
| ||||||
7 | (3) Not depart this State without leave of the court;
| ||||||
8 | (4) Not violate any criminal statute of any | ||||||
9 | jurisdiction;
| ||||||
10 | (5) At a time and place designated by the court, | ||||||
11 | surrender all firearms
in his or her possession to a law | ||||||
12 | enforcement officer designated by the court
to take custody | ||||||
13 | of and impound the firearms
and physically
surrender his or | ||||||
14 | her Firearm Owner's Identification Card to the clerk of the
| ||||||
15 | circuit court
when the offense the person has
been charged | ||||||
16 | with is a forcible felony, stalking, aggravated stalking, | ||||||
17 | domestic
battery, any violation of the Illinois Controlled | ||||||
18 | Substances Act, the Methamphetamine Control and Community | ||||||
19 | Protection Act, or the
Cannabis Control Act that is | ||||||
20 | classified as a Class 2 or greater felony, or any
felony | ||||||
21 | violation of Article 24 of the Criminal Code of 1961; the | ||||||
22 | court
may,
however, forgo the imposition of this condition | ||||||
23 | when the
circumstances of the
case clearly do not warrant | ||||||
24 | it or when its imposition would be
impractical;
if the | ||||||
25 | Firearm Owner's Identification Card is confiscated, the | ||||||
26 | clerk of the circuit court shall mail the confiscated card |
| |||||||
| |||||||
1 | to the Illinois State Police; all legally possessed | ||||||
2 | firearms shall be returned to the person upon
the charges | ||||||
3 | being dismissed, or if the person is found not guilty, | ||||||
4 | unless the
finding of not guilty is by reason of insanity; | ||||||
5 | and
| ||||||
6 | (6) At a time and place designated by the court, submit | ||||||
7 | to a
psychological
evaluation when the person has been | ||||||
8 | charged with a violation of item (4) of
subsection
(a) of | ||||||
9 | Section 24-1 of the Criminal Code of 1961 and that | ||||||
10 | violation occurred in
a school
or in any conveyance owned, | ||||||
11 | leased, or contracted by a school to transport
students to | ||||||
12 | or
from school or a school-related activity, or on any | ||||||
13 | public way within 1,000
feet of real
property comprising | ||||||
14 | any school.
| ||||||
15 | Psychological evaluations ordered pursuant to this Section | ||||||
16 | shall be completed
promptly
and made available to the State, | ||||||
17 | the defendant, and the court. As a further
condition of bail | ||||||
18 | under
these circumstances, the court shall order the defendant | ||||||
19 | to refrain from
entering upon the
property of the school, | ||||||
20 | including any conveyance owned, leased, or contracted
by a | ||||||
21 | school to
transport students to or from school or a | ||||||
22 | school-related activity, or on any public way within
1,000 feet | ||||||
23 | of real property comprising any school. Upon receipt of the | ||||||
24 | psychological evaluation,
either the State or the defendant may | ||||||
25 | request a change in the conditions of bail, pursuant to
Section | ||||||
26 | 110-6 of this Code. The court may change the conditions of bail |
| |||||||
| |||||||
1 | to include a
requirement that the defendant follow the | ||||||
2 | recommendations of the psychological evaluation,
including | ||||||
3 | undergoing psychiatric treatment. The conclusions of the
| ||||||
4 | psychological evaluation and
any statements elicited from the | ||||||
5 | defendant during its administration are not
admissible as | ||||||
6 | evidence
of guilt during the course of any trial on the charged | ||||||
7 | offense, unless the
defendant places his or her
mental | ||||||
8 | competency in issue.
| ||||||
9 | (b) The court may impose other conditions, such as the | ||||||
10 | following, if the
court finds that such conditions are | ||||||
11 | reasonably necessary to assure the
defendant's appearance in | ||||||
12 | court, protect the public from the defendant, or
prevent the | ||||||
13 | defendant's unlawful interference with the orderly | ||||||
14 | administration
of justice:
| ||||||
15 | (1) Report to or appear in person before such person or | ||||||
16 | agency as the
court may direct;
| ||||||
17 | (2) Refrain from possessing a firearm or other | ||||||
18 | dangerous weapon;
| ||||||
19 | (3) Refrain from approaching or communicating with | ||||||
20 | particular persons or
classes of persons;
| ||||||
21 | (4) Refrain from going to certain described | ||||||
22 | geographical areas or
premises;
| ||||||
23 | (5) Refrain from engaging in certain activities or | ||||||
24 | indulging in
intoxicating liquors or in certain drugs;
| ||||||
25 | (6) Undergo treatment for drug addiction or | ||||||
26 | alcoholism;
|
| |||||||
| |||||||
1 | (7) Undergo medical or psychiatric treatment;
| ||||||
2 | (8) Work or pursue a course of study or vocational | ||||||
3 | training;
| ||||||
4 | (9) Attend or reside in a facility designated by the | ||||||
5 | court;
| ||||||
6 | (10) Support his or her dependents;
| ||||||
7 | (11) If a minor resides with his or her parents or in a | ||||||
8 | foster home,
attend school, attend a non-residential | ||||||
9 | program for youths, and contribute
to his or her own | ||||||
10 | support at home or in a foster home;
| ||||||
11 | (12) Observe any curfew ordered by the court;
| ||||||
12 | (13) Remain in the custody of such designated person or | ||||||
13 | organization
agreeing to supervise his release. Such third | ||||||
14 | party custodian shall be
responsible for notifying the | ||||||
15 | court if the defendant fails to observe the
conditions of | ||||||
16 | release which the custodian has agreed to monitor, and | ||||||
17 | shall
be subject to contempt of court for failure so to | ||||||
18 | notify the court;
| ||||||
19 | (14) Be placed under direct supervision of the Pretrial | ||||||
20 | Services
Agency, Probation Department or Court Services | ||||||
21 | Department in a pretrial
bond home supervision capacity | ||||||
22 | with or without the use of an approved
electronic | ||||||
23 | monitoring device subject to Article 8A of Chapter V of the
| ||||||
24 | Unified Code of Corrections;
| ||||||
25 | (14.1) The court shall impose upon a defendant who is | ||||||
26 | charged with any
alcohol, cannabis, methamphetamine, or |
| |||||||
| |||||||
1 | controlled substance violation and is placed under
direct | ||||||
2 | supervision of the Pretrial Services Agency, Probation | ||||||
3 | Department or
Court Services Department in a pretrial bond | ||||||
4 | home supervision capacity with
the use of an approved | ||||||
5 | monitoring device, as a condition of such bail bond,
a fee | ||||||
6 | that represents costs incidental to the electronic | ||||||
7 | monitoring for each
day of such bail supervision ordered by | ||||||
8 | the
court, unless after determining the inability of the | ||||||
9 | defendant to pay the
fee, the court assesses a lesser fee | ||||||
10 | or no fee as the case may be. The fee
shall be collected by | ||||||
11 | the clerk of the circuit court. The clerk of the
circuit | ||||||
12 | court shall pay all monies collected from this fee to the | ||||||
13 | county
treasurer for deposit in the substance abuse | ||||||
14 | services fund under Section
5-1086.1 of the Counties Code;
| ||||||
15 | (14.2) The court shall impose upon all defendants, | ||||||
16 | including those
defendants subject to paragraph (14.1) | ||||||
17 | above, placed under direct supervision
of the Pretrial | ||||||
18 | Services Agency, Probation Department or Court Services
| ||||||
19 | Department in a pretrial bond home supervision capacity | ||||||
20 | with the use of an
approved monitoring device, as a | ||||||
21 | condition of such bail bond, a fee
which shall represent | ||||||
22 | costs incidental to such
electronic monitoring for each day | ||||||
23 | of such bail supervision ordered by the
court, unless after | ||||||
24 | determining the inability of the defendant to pay the fee,
| ||||||
25 | the court assesses a lesser fee or no fee as the case may | ||||||
26 | be. The fee shall be
collected by the clerk of the circuit |
| |||||||
| |||||||
1 | court. The clerk of the circuit court
shall pay all monies | ||||||
2 | collected from this fee to the county treasurer who shall
| ||||||
3 | use the monies collected to defray the costs of | ||||||
4 | corrections. The county
treasurer shall deposit the fee | ||||||
5 | collected in the county working cash fund under
Section | ||||||
6 | 6-27001 or Section 6-29002 of the Counties Code, as the | ||||||
7 | case may
be;
| ||||||
8 | (14.3) The Chief Judge of the Judicial Circuit may | ||||||
9 | establish reasonable
fees to be paid by a person receiving | ||||||
10 | pretrial services while under supervision
of a pretrial | ||||||
11 | services agency, probation department, or court services
| ||||||
12 | department. Reasonable fees may be charged for pretrial | ||||||
13 | services
including, but not limited to, pretrial | ||||||
14 | supervision, diversion programs,
electronic monitoring, | ||||||
15 | victim impact services, drug and alcohol testing, DNA | ||||||
16 | testing, GPS electronic monitoring, assessments and | ||||||
17 | evaluations related to domestic violence and other | ||||||
18 | victims, and
victim mediation services. The person | ||||||
19 | receiving pretrial services may be
ordered to pay all costs | ||||||
20 | incidental to pretrial services in accordance with his
or | ||||||
21 | her ability to pay those costs;
| ||||||
22 | (14.4) For persons charged with violating Section | ||||||
23 | 11-501 of the Illinois
Vehicle Code, refrain from operating | ||||||
24 | a motor vehicle not equipped with an
ignition interlock | ||||||
25 | device, as defined in Section 1-129.1 of the Illinois
| ||||||
26 | Vehicle Code,
pursuant to the rules promulgated by the |
| |||||||
| |||||||
1 | Secretary of State for the
installation of ignition
| ||||||
2 | interlock devices. Under this condition the court may allow | ||||||
3 | a defendant who is
not
self-employed to operate a vehicle | ||||||
4 | owned by the defendant's employer that is
not equipped with | ||||||
5 | an ignition interlock device in the course and scope of the
| ||||||
6 | defendant's employment;
| ||||||
7 | (15) Comply with the terms and conditions of an order | ||||||
8 | of protection
issued by the court under the Illinois | ||||||
9 | Domestic Violence Act of 1986 or an
order of protection | ||||||
10 | issued by the court of another state, tribe, or United
| ||||||
11 | States territory;
| ||||||
12 | (16) Under Section 110-6.5 comply with the conditions | ||||||
13 | of the drug testing
program; and
| ||||||
14 | (17) Such other reasonable conditions as the court may | ||||||
15 | impose.
| ||||||
16 | (c) When a person is charged with an offense under Section | ||||||
17 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
| ||||||
18 | 12-14.1,
12-15 or 12-16 of the "Criminal Code of 1961", | ||||||
19 | involving a victim who is a
minor under 18 years of age living | ||||||
20 | in the same household with the defendant
at the time of the | ||||||
21 | offense, in granting bail or releasing the defendant on
his own | ||||||
22 | recognizance, the judge shall impose conditions to restrict the
| ||||||
23 | defendant's access to the victim which may include, but are not | ||||||
24 | limited to
conditions that he will:
| ||||||
25 | 1. Vacate the Household.
| ||||||
26 | 2. Make payment of temporary support to his dependents.
|
| |||||||
| |||||||
1 | 3. Refrain from contact or communication with the child | ||||||
2 | victim, except
as ordered by the court.
| ||||||
3 | (d) When a person is charged with a criminal offense and | ||||||
4 | the victim is
a family or household member as defined in | ||||||
5 | Article 112A, conditions shall
be imposed at the time of the | ||||||
6 | defendant's release on bond that restrict the
defendant's | ||||||
7 | access to the victim.
Unless provided otherwise by the court, | ||||||
8 | the
restrictions shall include
requirements that the defendant | ||||||
9 | do the following:
| ||||||
10 | (1) refrain from contact or communication with the | ||||||
11 | victim for a
minimum period of 72 hours following the | ||||||
12 | defendant's release; and
| ||||||
13 | (2) refrain from entering or remaining at the victim's | ||||||
14 | residence for a
minimum period of 72 hours following the | ||||||
15 | defendant's release.
| ||||||
16 | (e) Local law enforcement agencies shall develop | ||||||
17 | standardized bond forms
for use in cases involving family or | ||||||
18 | household members as defined in
Article 112A, including | ||||||
19 | specific conditions of bond as provided in
subsection (d). | ||||||
20 | Failure of any law enforcement department to develop or use
| ||||||
21 | those forms shall in no way limit the applicability and | ||||||
22 | enforcement of
subsections (d) and (f).
| ||||||
23 | (f) If the defendant is admitted to bail after conviction | ||||||
24 | the
conditions of the bail bond shall be that he will, in | ||||||
25 | addition to the
conditions set forth in subsections (a) and (b) | ||||||
26 | hereof:
|
| |||||||
| |||||||
1 | (1) Duly prosecute his appeal;
| ||||||
2 | (2) Appear at such time and place as the court may | ||||||
3 | direct;
| ||||||
4 | (3) Not depart this State without leave of the court;
| ||||||
5 | (4) Comply with such other reasonable conditions as the | ||||||
6 | court may
impose; and
| ||||||
7 | (5) If the judgment is affirmed or the cause reversed | ||||||
8 | and remanded
for a new trial, forthwith surrender to the | ||||||
9 | officer from whose custody
he was bailed.
| ||||||
10 | (g) Upon a finding of guilty for any felony offense, the | ||||||
11 | defendant shall
physically surrender, at a time and place | ||||||
12 | designated by the court,
any and all firearms in his or her | ||||||
13 | possession and his or her Firearm Owner's
Identification Card | ||||||
14 | as a condition of remaining on bond pending sentencing.
| ||||||
15 | (Source: P.A. 96-340, eff. 8-11-09; 96-1551, eff. 7-1-11; | ||||||
16 | 97-401, eff. 1-1-12; revised 9-14-11.)
| ||||||
17 | (725 ILCS 5/111-8) (from Ch. 38, par. 111-8)
| ||||||
18 | Sec. 111-8. Orders of protection to prohibit domestic | ||||||
19 | violence.
| ||||||
20 | (a) Whenever
a violation of Section 9-1, 9-2, 9-3, 10-3, | ||||||
21 | 10-3.1, 10-4, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||||||
22 | 11-1.60, 11-14.3 that involves soliciting for a prostitute, | ||||||
23 | 11-14.4 that involves soliciting for a juvenile prostitute, | ||||||
24 | 11-15, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, 11-20a, 12-1,
| ||||||
25 | 12-2,
12-3, 12-3.05, 12-3.2, 12-3.3, 12-3.5, 12-4, 12-4.1, |
| |||||||
| |||||||
1 | 12-4.3,
12-4.6, 12-5, 12-6, 12-6.3, 12-7.3, 12-7.4, 12-7.5, | ||||||
2 | 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 19-4, 21-1, 21-2, | ||||||
3 | or 21-3
of the Criminal Code of 1961 or Section 1-1 of the | ||||||
4 | Harassing and Obscene Communications Act is alleged in an | ||||||
5 | information, complaint or indictment
on file, and the alleged | ||||||
6 | offender and victim are family or household members,
as defined | ||||||
7 | in the Illinois Domestic Violence Act, as now or hereafter | ||||||
8 | amended,
the People through the respective State's Attorneys | ||||||
9 | may by separate petition
and upon notice to the defendant, | ||||||
10 | except as provided in subsection (c) herein,
request the court | ||||||
11 | to issue an order of protection.
| ||||||
12 | (b) In addition to any other remedies specified in Section | ||||||
13 | 208 of the
Illinois Domestic Violence Act, as now or hereafter | ||||||
14 | amended, the order may
direct the defendant
to initiate no | ||||||
15 | contact with the alleged victim or victims who are family
or | ||||||
16 | household members and to refrain from entering the residence, | ||||||
17 | school
or place of business of the alleged victim or victims.
| ||||||
18 | (c) The court may grant emergency relief without notice | ||||||
19 | upon a showing
of immediate and present danger of abuse to the | ||||||
20 | victim or minor children of the
victim and may enter a | ||||||
21 | temporary order pending notice and full hearing on the
matter.
| ||||||
22 | (Source: P.A. 96-1551, Article 1, Section 965, eff. 7-1-11; | ||||||
23 | P.A. 96-1551, Article 2, Section 1040, eff. 7-1-11; revised | ||||||
24 | 9-30-11.)
| ||||||
25 | (725 ILCS 5/115-7.3)
|
| |||||||
| |||||||
1 | Sec. 115-7.3. Evidence in certain cases.
| ||||||
2 | (a) This Section applies to criminal cases in which:
| ||||||
3 | (1) the defendant is accused of predatory criminal | ||||||
4 | sexual assault of a
child, aggravated criminal sexual | ||||||
5 | assault, criminal sexual assault, aggravated
criminal | ||||||
6 | sexual abuse,
criminal sexual abuse, child pornography, | ||||||
7 | aggravated child pornography, or criminal transmission of | ||||||
8 | HIV;
| ||||||
9 | (2) the defendant is accused of battery, aggravated | ||||||
10 | battery, first degree murder, or second degree murder when | ||||||
11 | the
commission of the offense involves sexual penetration | ||||||
12 | or sexual conduct as
defined in Section 11-0.1 12-12 of the | ||||||
13 | Criminal Code of 1961; or
| ||||||
14 | (3) the defendant is tried or retried for any of the | ||||||
15 | offenses formerly
known as rape, deviate sexual assault, | ||||||
16 | indecent liberties with a child, or
aggravated indecent | ||||||
17 | liberties with a child.
| ||||||
18 | (b) If the defendant is accused of an offense set forth in | ||||||
19 | paragraph (1)
or (2) of subsection (a) or the defendant is | ||||||
20 | tried or retried for any of the
offenses set forth in paragraph | ||||||
21 | (3) of subsection (a), evidence of the
defendant's commission | ||||||
22 | of another offense or offenses set forth in paragraph
(1), (2), | ||||||
23 | or (3) of subsection (a), or evidence to rebut that proof or an
| ||||||
24 | inference from that proof, may be admissible (if that evidence | ||||||
25 | is otherwise
admissible under the rules of evidence) and may be | ||||||
26 | considered for its bearing
on any matter to which it is |
| |||||||
| |||||||
1 | relevant.
| ||||||
2 | (c) In weighing the probative value of the evidence against | ||||||
3 | undue
prejudice to the defendant, the court may consider:
| ||||||
4 | (1) the proximity in time to the charged or predicate | ||||||
5 | offense;
| ||||||
6 | (2) the degree of factual similarity to the charged or | ||||||
7 | predicate offense;
or
| ||||||
8 | (3) other relevant facts and circumstances.
| ||||||
9 | (d) In a criminal case in which the prosecution intends to | ||||||
10 | offer evidence
under this Section, it must disclose the | ||||||
11 | evidence, including statements of
witnesses or a summary of the | ||||||
12 | substance of any testimony, at a reasonable time
in advance of | ||||||
13 | trial, or during trial if the court excuses pretrial notice on
| ||||||
14 | good cause shown.
| ||||||
15 | (e) In a criminal case in which evidence is offered under | ||||||
16 | this Section,
proof may be made by specific instances of | ||||||
17 | conduct, testimony as to reputation,
or testimony in the form | ||||||
18 | of an expert opinion, except that the prosecution may
offer
| ||||||
19 | reputation testimony only after the opposing party has offered | ||||||
20 | that
testimony.
| ||||||
21 | (f) In prosecutions for a violation of Section 10-2, | ||||||
22 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-3.05, 12-4, | ||||||
23 | 12-13, 12-14,
12-14.1, 12-15, 12-16, or 18-5 of the Criminal | ||||||
24 | Code of 1961, involving the
involuntary delivery
of a | ||||||
25 | controlled substance to a victim, no inference may be made | ||||||
26 | about the fact
that a victim did not consent to a test for the |
| |||||||
| |||||||
1 | presence of controlled
substances.
| ||||||
2 | (Source: P.A. 95-892, eff. 1-1-09; 96-1551, eff. 7-1-11; | ||||||
3 | revised 10-12-11.)
| ||||||
4 | (725 ILCS 5/115-10.3)
| ||||||
5 | Sec. 115-10.3. Hearsay exception regarding elder adults.
| ||||||
6 | (a) In a prosecution for a physical act, abuse, neglect, or | ||||||
7 | financial
exploitation
perpetrated upon or against an eligible | ||||||
8 | adult, as defined in
the Elder Abuse
and Neglect
Act, who has | ||||||
9 | been diagnosed by a physician to suffer from (i) any form of
| ||||||
10 | dementia, developmental disability, or other form of mental | ||||||
11 | incapacity or (ii)
any physical infirmity, including but not | ||||||
12 | limited to
prosecutions for violations of Sections 10-1, 10-2, | ||||||
13 | 10-3, 10-3.1, 10-4, 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||||||
14 | 11-1.60, 11-11,
12-1, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.3, | ||||||
15 | 12-4, 12-4.1, 12-4.2, 12-4.5, 12-4.6, 12-4.7, 12-5, 12-6, | ||||||
16 | 12-7.3, 12-7.4, 12-11, 12-11.1, 12-13, 12-14, 12-15, 12-16, | ||||||
17 | 12-21,
16-1, 16-1.3, 17-1, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, | ||||||
18 | 18-5, 20-1.1,
24-1.2, and 33A-2, or subsection (b) of Section | ||||||
19 | 12-4.4a, of the
Criminal Code of 1961, the following evidence | ||||||
20 | shall be admitted
as an exception to the hearsay rule:
| ||||||
21 | (1) testimony by an eligible adult, of an out of court | ||||||
22 | statement made by
the eligible adult, that he or she | ||||||
23 | complained of such act to another; and
| ||||||
24 | (2) testimony of an out of court statement made by the
| ||||||
25 | eligible adult,
describing any complaint of such act or |
| |||||||
| |||||||
1 | matter or detail pertaining to any act
which is an element | ||||||
2 | of an offense which is the subject of a prosecution for
a | ||||||
3 | physical act, abuse, neglect, or financial exploitation | ||||||
4 | perpetrated
upon or
against the eligible adult.
| ||||||
5 | (b) Such testimony shall only be admitted if:
| ||||||
6 | (1) The court finds in a hearing conducted outside the | ||||||
7 | presence of the
jury that the time, content, and | ||||||
8 | circumstances of the statement provide
sufficient | ||||||
9 | safeguards of reliability; and
| ||||||
10 | (2) The eligible adult either:
| ||||||
11 | (A) testifies at the proceeding; or
| ||||||
12 | (B) is unavailable as a witness and there is | ||||||
13 | corroborative evidence of
the act which is the subject | ||||||
14 | of the statement.
| ||||||
15 | (c) If a statement is admitted pursuant to this Section, | ||||||
16 | the court shall
instruct the jury that it is for the jury to | ||||||
17 | determine the weight and
credibility to be given the statement | ||||||
18 | and that, in making the determination, it
shall consider the | ||||||
19 | condition of the eligible adult, the nature of
the
statement, | ||||||
20 | the circumstances under which the statement was made, and any | ||||||
21 | other
relevant factor.
| ||||||
22 | (d) The proponent of the statement shall give the adverse | ||||||
23 | party reasonable
notice of his or her intention to offer the | ||||||
24 | statement and the particulars of
the statement.
| ||||||
25 | (Source: P.A. 96-1551, Article 1, Section 965, eff. 7-1-11; | ||||||
26 | 96-1551, Article 2, Section 1040, eff. 7-1-11; 96-1551, Article |
| |||||||
| |||||||
1 | 10, Section 10-145, eff. 7-1-11; revised 9-30-11.)
| ||||||
2 | Section 15-65. The Unified Code of Corrections is amended | ||||||
3 | by changing Sections 3-1-2, 3-3-7, 5-3-2, 5-4-3, 5-5-3, | ||||||
4 | 5-5-3.2, 5-6-3, 5-6-3.1, 5-8-1, 5-8-4, and 5-9-1.7 as follows:
| ||||||
5 | (730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
| ||||||
6 | Sec. 3-1-2. Definitions. | ||||||
7 | (a) "Chief Administrative Officer" means the
person | ||||||
8 | designated by the Director to exercise the powers and duties of | ||||||
9 | the
Department of Corrections in regard to committed persons | ||||||
10 | within
a correctional institution or facility, and includes the
| ||||||
11 | superintendent of any juvenile institution or facility.
| ||||||
12 | (a-5) "Sex offense" for the purposes of paragraph (16) of | ||||||
13 | subsection (a) of Section 3-3-7, paragraph (10) of subsection | ||||||
14 | (a) of Section 5-6-3, and paragraph (18) of subsection (c) of | ||||||
15 | Section 5-6-3.1 only means: | ||||||
16 | (i) A violation of any of the following Sections of the | ||||||
17 | Criminal Code of
1961: 10-7 (aiding or abetting child | ||||||
18 | abduction under Section 10-5(b)(10)),
10-5(b)(10) (child | ||||||
19 | luring), 11-6 (indecent solicitation of a child), 11-6.5
| ||||||
20 | (indecent solicitation of an adult), 11-14.4 (promoting | ||||||
21 | juvenile prostitution),
11-15.1 (soliciting for a juvenile
| ||||||
22 | prostitute), 11-17.1 (keeping a place of juvenile | ||||||
23 | prostitution), 11-18.1
(patronizing a juvenile | ||||||
24 | prostitute), 11-19.1 (juvenile pimping),
11-19.2 |
| |||||||
| |||||||
1 | (exploitation of a child), 11-20.1 (child pornography), | ||||||
2 | 11-20.1B or 11-20.3 (aggravated child pornography), | ||||||
3 | 11-1.40 or 12-14.1
(predatory criminal sexual assault of a | ||||||
4 | child), or 12-33 (ritualized abuse of a
child). An attempt | ||||||
5 | to commit any of
these offenses. | ||||||
6 | (ii) A violation of any of the following Sections of | ||||||
7 | the Criminal Code
of 1961: 11-1.20 or 12-13 (criminal
| ||||||
8 | sexual assault), 11-1.30 or 12-14 (aggravated criminal | ||||||
9 | sexual assault), 11-1.60 or 12-16 (aggravated criminal | ||||||
10 | sexual abuse), and subsection (a) of Section 11-1.50 or | ||||||
11 | subsection (a) of Section 12-15
(criminal sexual abuse). An | ||||||
12 | attempt to commit
any of these offenses. | ||||||
13 | (iii) A violation of any of the following Sections of | ||||||
14 | the Criminal Code
of 1961 when the defendant is
not a | ||||||
15 | parent of the victim: | ||||||
16 | 10-1 (kidnapping),
| ||||||
17 | 10-2 (aggravated kidnapping), | ||||||
18 | 10-3 (unlawful restraint),
| ||||||
19 | 10-3.1 (aggravated unlawful restraint). | ||||||
20 | An attempt to commit any of these offenses. | ||||||
21 | (iv) A violation of any former law of this State | ||||||
22 | substantially
equivalent to any offense listed in this | ||||||
23 | subsection (a-5). | ||||||
24 | An offense violating federal law or the law of another | ||||||
25 | state
that is substantially equivalent to any offense listed in | ||||||
26 | this
subsection (a-5) shall constitute a sex offense for the |
| |||||||
| |||||||
1 | purpose of
this subsection (a-5). A finding or adjudication as | ||||||
2 | a sexually dangerous person under
any federal law or law of | ||||||
3 | another state that is substantially equivalent to the
Sexually | ||||||
4 | Dangerous Persons Act shall constitute an adjudication for a | ||||||
5 | sex offense for the
purposes of this subsection (a-5).
| ||||||
6 | (b) "Commitment" means a judicially determined placement
| ||||||
7 | in the custody of the Department of Corrections on the basis of
| ||||||
8 | delinquency or conviction.
| ||||||
9 | (c) "Committed Person" is a person committed to the | ||||||
10 | Department,
however a committed person shall not be considered | ||||||
11 | to be an employee of
the Department of Corrections for any | ||||||
12 | purpose, including eligibility for
a pension, benefits, or any | ||||||
13 | other compensation or rights or privileges which
may be | ||||||
14 | provided to employees of the Department.
| ||||||
15 | (c-5) "Computer scrub software" means any third-party | ||||||
16 | added software, designed to delete information from the | ||||||
17 | computer unit, the hard drive, or other software, which would | ||||||
18 | eliminate and prevent discovery of browser activity, including | ||||||
19 | but not limited to Internet history, address bar or bars, cache | ||||||
20 | or caches, and/or cookies, and which would over-write files in | ||||||
21 | a way so as to make previous computer activity, including but | ||||||
22 | not limited to website access, more difficult to discover. | ||||||
23 | (d) "Correctional Institution or Facility" means any | ||||||
24 | building or
part of a building where committed persons are kept | ||||||
25 | in a secured manner.
| ||||||
26 | (e) In the case of functions performed before the effective |
| |||||||
| |||||||
1 | date of this amendatory Act of the 94th General Assembly, | ||||||
2 | "Department" means the Department of Corrections of this State. | ||||||
3 | In the case of functions performed on or after the effective | ||||||
4 | date of this amendatory Act of the 94th General Assembly, | ||||||
5 | "Department" has the meaning ascribed to it in subsection | ||||||
6 | (f-5).
| ||||||
7 | (f) In the case of functions performed before the effective | ||||||
8 | date of this amendatory Act of the 94th General Assembly, | ||||||
9 | "Director" means the Director of the Department of Corrections. | ||||||
10 | In the case of functions performed on or after the effective | ||||||
11 | date of this amendatory Act of the 94th General Assembly, | ||||||
12 | "Director" has the meaning ascribed to it in subsection (f-5).
| ||||||
13 | (f-5) In the case of functions performed on or after the | ||||||
14 | effective date of this amendatory Act of the 94th General | ||||||
15 | Assembly, references to "Department" or "Director" refer to | ||||||
16 | either the Department of Corrections or the Director of | ||||||
17 | Corrections or to the Department of Juvenile Justice or the | ||||||
18 | Director of Juvenile Justice unless the context is specific to | ||||||
19 | the Department of Juvenile Justice or the Director of Juvenile | ||||||
20 | Justice.
| ||||||
21 | (g) "Discharge" means the final termination of a commitment
| ||||||
22 | to the Department of Corrections.
| ||||||
23 | (h) "Discipline" means the rules and regulations for the
| ||||||
24 | maintenance of order and the protection of persons and property
| ||||||
25 | within the institutions and facilities of the Department and
| ||||||
26 | their enforcement.
|
| |||||||
| |||||||
1 | (i) "Escape" means the intentional and unauthorized | ||||||
2 | absence
of a committed person from the custody of the | ||||||
3 | Department.
| ||||||
4 | (j) "Furlough" means an authorized leave of absence from | ||||||
5 | the
Department of Corrections for a designated purpose and | ||||||
6 | period of time.
| ||||||
7 | (k) "Parole" means the conditional and revocable release
of | ||||||
8 | a committed person under the supervision of a parole officer.
| ||||||
9 | (l) "Prisoner Review Board" means the Board established in
| ||||||
10 | Section 3-3-1(a), independent of the Department, to review
| ||||||
11 | rules and regulations with respect to good time credits, to
| ||||||
12 | hear charges brought by the Department against certain | ||||||
13 | prisoners
alleged to have violated Department rules with | ||||||
14 | respect to good
time credits, to set release dates for certain | ||||||
15 | prisoners
sentenced under the law in effect prior to the | ||||||
16 | effective
date of this Amendatory Act of 1977, to hear requests | ||||||
17 | and
make recommendations to the Governor with respect to | ||||||
18 | pardon,
reprieve or commutation, to set conditions for parole | ||||||
19 | and
mandatory supervised release and determine whether | ||||||
20 | violations
of those conditions justify revocation of parole or | ||||||
21 | release,
and to assume all other functions previously exercised | ||||||
22 | by the
Illinois Parole and Pardon Board.
| ||||||
23 | (m) Whenever medical treatment, service, counseling, or
| ||||||
24 | care is referred to in this Unified Code of Corrections,
such | ||||||
25 | term may be construed by the Department or Court, within
its | ||||||
26 | discretion, to include treatment, service or counseling by
a |
| |||||||
| |||||||
1 | Christian Science practitioner or nursing care appropriate
| ||||||
2 | therewith whenever request therefor is made by a person subject
| ||||||
3 | to the provisions of this Act.
| ||||||
4 | (n) "Victim" shall have the meaning ascribed to it in | ||||||
5 | subsection (a) of
Section 3 of the Bill of Rights for Victims | ||||||
6 | and Witnesses of Violent Crime Act.
| ||||||
7 | (o) "Wrongfully imprisoned person" means a person who has | ||||||
8 | been discharged from a prison of this State and
has received: | ||||||
9 | (1) a pardon from the Governor stating that such pardon | ||||||
10 | is issued on the ground of innocence of the crime for which | ||||||
11 | he or she was imprisoned; or | ||||||
12 | (2) a certificate of innocence from the Circuit Court | ||||||
13 | as provided in Section 2-702 of the Code of Civil | ||||||
14 | Procedure. | ||||||
15 | (Source: P.A. 96-362, eff. 1-1-10; 96-710, eff. 1-1-10; | ||||||
16 | 96-1000, eff. 7-2-10; 96-1550, eff. 7-1-11; 96-1551, eff. | ||||||
17 | 7-1-11; revised 9-30-11.)
| ||||||
18 | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | ||||||
19 | Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | ||||||
20 | Release.
| ||||||
21 | (a) The conditions of parole or mandatory
supervised | ||||||
22 | release shall be such as the Prisoner Review
Board deems | ||||||
23 | necessary to assist the subject in leading a
law-abiding life. | ||||||
24 | The conditions of every parole and mandatory
supervised release | ||||||
25 | are that the subject:
|
| |||||||
| |||||||
1 | (1) not violate any criminal statute of any | ||||||
2 | jurisdiction
during the parole or release term;
| ||||||
3 | (2) refrain from possessing a firearm or other | ||||||
4 | dangerous
weapon;
| ||||||
5 | (3) report to an agent of the Department of | ||||||
6 | Corrections;
| ||||||
7 | (4) permit the agent to visit him or her at his or her | ||||||
8 | home, employment,
or
elsewhere to the
extent necessary for | ||||||
9 | the agent to discharge his or her duties;
| ||||||
10 | (5) attend or reside in a facility established for the | ||||||
11 | instruction or
residence
of persons on
parole or mandatory | ||||||
12 | supervised release;
| ||||||
13 | (6) secure permission before visiting or writing a | ||||||
14 | committed person in an
Illinois Department
of Corrections | ||||||
15 | facility;
| ||||||
16 | (7) report all arrests to an agent of the Department of | ||||||
17 | Corrections as
soon as
permitted by the
arresting authority | ||||||
18 | but in no event later than 24 hours after release from
| ||||||
19 | custody and immediately report service or notification of | ||||||
20 | an order of protection, a civil no contact order, or a | ||||||
21 | stalking no contact order to an agent of the Department of | ||||||
22 | Corrections;
| ||||||
23 | (7.5) if convicted of a sex offense as defined in the | ||||||
24 | Sex Offender
Management Board Act, the individual shall | ||||||
25 | undergo and successfully complete
sex offender treatment | ||||||
26 | conducted in conformance with the standards developed by
|
| |||||||
| |||||||
1 | the Sex
Offender Management Board Act by a treatment | ||||||
2 | provider approved by the Board;
| ||||||
3 | (7.6) if convicted of a sex offense as defined in the | ||||||
4 | Sex Offender
Management Board Act, refrain from residing at | ||||||
5 | the same address or in the same condominium unit or | ||||||
6 | apartment unit or in the same condominium complex or | ||||||
7 | apartment complex with another person he or she knows or | ||||||
8 | reasonably should know is a convicted sex offender or has | ||||||
9 | been placed on supervision for a sex offense; the | ||||||
10 | provisions of this paragraph do not apply to a person | ||||||
11 | convicted of a sex offense who is placed in a Department of | ||||||
12 | Corrections licensed transitional housing facility for sex | ||||||
13 | offenders, or is in any facility operated or licensed by | ||||||
14 | the Department of Children and Family Services or by the | ||||||
15 | Department of Human Services, or is in any licensed medical | ||||||
16 | facility;
| ||||||
17 | (7.7) if convicted for an offense that would qualify | ||||||
18 | the accused as a sexual predator under the Sex Offender | ||||||
19 | Registration Act on or after January 1, 2007 (the effective | ||||||
20 | date of Public Act 94-988), wear an approved electronic | ||||||
21 | monitoring device as defined in Section 5-8A-2 for the | ||||||
22 | duration of the person's parole, mandatory supervised | ||||||
23 | release term, or extended mandatory supervised release | ||||||
24 | term and if convicted for an offense of criminal sexual | ||||||
25 | assault, aggravated criminal sexual assault, predatory | ||||||
26 | criminal sexual assault of a child, criminal sexual abuse, |
| |||||||
| |||||||
1 | aggravated criminal sexual abuse, or ritualized abuse of a | ||||||
2 | child committed on or after August 11, 2009 (the effective | ||||||
3 | date of Public Act 96-236) when the victim was under 18 | ||||||
4 | years of age at the time of the commission of the offense | ||||||
5 | and the defendant used force or the threat of force in the | ||||||
6 | commission of the offense wear an approved electronic | ||||||
7 | monitoring device as defined in Section 5-8A-2 that has | ||||||
8 | Global Positioning System (GPS) capability for the | ||||||
9 | duration of the person's parole, mandatory supervised | ||||||
10 | release term, or extended mandatory supervised release | ||||||
11 | term;
| ||||||
12 | (7.8) if convicted for an offense committed on or after | ||||||
13 | June 1, 2008 (the effective date of Public Act 95-464) that | ||||||
14 | would qualify the accused as a child sex offender as | ||||||
15 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
16 | 1961, refrain from communicating with or contacting, by | ||||||
17 | means of the Internet, a person who is not related to the | ||||||
18 | accused and whom the accused reasonably believes to be | ||||||
19 | under 18 years of age; for purposes of this paragraph | ||||||
20 | (7.8), "Internet" has the meaning ascribed to it in Section | ||||||
21 | 16-0.1 of the Criminal Code of 1961; and a person is not | ||||||
22 | related to the accused if the person is not: (i) the | ||||||
23 | spouse, brother, or sister of the accused; (ii) a | ||||||
24 | descendant of the accused; (iii) a first or second cousin | ||||||
25 | of the accused; or (iv) a step-child or adopted child of | ||||||
26 | the accused;
|
| |||||||
| |||||||
1 | (7.9)
if convicted under Section 11-6, 11-20.1, | ||||||
2 | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961, | ||||||
3 | consent to search of computers, PDAs, cellular phones, and | ||||||
4 | other devices under his or her control that are capable of | ||||||
5 | accessing the Internet or storing electronic files, in | ||||||
6 | order to confirm Internet protocol addresses reported in | ||||||
7 | accordance with the Sex Offender Registration Act and | ||||||
8 | compliance with conditions in this Act;
| ||||||
9 | (7.10)
if convicted for an offense that would qualify | ||||||
10 | the accused as a sex offender or sexual predator under the | ||||||
11 | Sex Offender Registration Act on or after June 1, 2008 (the | ||||||
12 | effective date of Public Act 95-640), not possess | ||||||
13 | prescription drugs for erectile dysfunction;
| ||||||
14 | (7.11) if convicted for an offense under Section 11-6, | ||||||
15 | 11-9.1, 11-14.4 that involves soliciting for a juvenile | ||||||
16 | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||||||
17 | of the Criminal Code of 1961, or any attempt to commit any | ||||||
18 | of these offenses, committed on or after June 1, 2009 (the | ||||||
19 | effective date of Public Act 95-983): | ||||||
20 | (i) not access or use a computer or any other | ||||||
21 | device with Internet capability without the prior | ||||||
22 | written approval of the Department; | ||||||
23 | (ii) submit to periodic unannounced examinations | ||||||
24 | of the offender's computer or any other device with | ||||||
25 | Internet capability by the offender's supervising | ||||||
26 | agent, a law enforcement officer, or assigned computer |
| |||||||
| |||||||
1 | or information technology specialist, including the | ||||||
2 | retrieval and copying of all data from the computer or | ||||||
3 | device and any internal or external peripherals and | ||||||
4 | removal of such information, equipment, or device to | ||||||
5 | conduct a more thorough inspection; | ||||||
6 | (iii) submit to the installation on the offender's | ||||||
7 | computer or device with Internet capability, at the | ||||||
8 | offender's expense, of one or more hardware or software | ||||||
9 | systems to monitor the Internet use; and | ||||||
10 | (iv) submit to any other appropriate restrictions | ||||||
11 | concerning the offender's use of or access to a | ||||||
12 | computer or any other device with Internet capability | ||||||
13 | imposed by the Board, the Department or the offender's | ||||||
14 | supervising agent; | ||||||
15 | (7.12) if convicted of a sex offense as defined in the | ||||||
16 | Sex Offender
Registration Act committed on or after January | ||||||
17 | 1, 2010 (the effective date of Public Act 96-262), refrain | ||||||
18 | from accessing or using a social networking website as | ||||||
19 | defined in Section 17-0.5 of the Criminal Code of 1961;
| ||||||
20 | (7.13) if convicted of a sex offense as defined in | ||||||
21 | Section 2 of the Sex Offender Registration Act committed on | ||||||
22 | or after January 1, 2010 (the effective date of Public Act | ||||||
23 | 96-362) that requires the person to register as a sex | ||||||
24 | offender under that Act, may not knowingly use any computer | ||||||
25 | scrub software on any computer that the sex offender uses; | ||||||
26 | (8) obtain permission of an agent of the Department of |
| |||||||
| |||||||
1 | Corrections before
leaving the
State of Illinois;
| ||||||
2 | (9) obtain permission of an agent of the Department of | ||||||
3 | Corrections before
changing
his or her residence or | ||||||
4 | employment;
| ||||||
5 | (10) consent to a search of his or her person, | ||||||
6 | property, or residence
under his or her
control;
| ||||||
7 | (11) refrain from the use or possession of narcotics or | ||||||
8 | other controlled
substances in
any form, or both, or any | ||||||
9 | paraphernalia related to those substances and submit
to a
| ||||||
10 | urinalysis test as instructed by a parole agent of the | ||||||
11 | Department of
Corrections;
| ||||||
12 | (12) not frequent places where controlled substances | ||||||
13 | are illegally sold,
used,
distributed, or administered;
| ||||||
14 | (13) not knowingly associate with other persons on | ||||||
15 | parole or mandatory
supervised
release without prior | ||||||
16 | written permission of his or her parole agent and not
| ||||||
17 | associate with
persons who are members of an organized gang | ||||||
18 | as that term is defined in the
Illinois
Streetgang | ||||||
19 | Terrorism Omnibus Prevention Act;
| ||||||
20 | (14) provide true and accurate information, as it | ||||||
21 | relates to his or her
adjustment in the
community while on | ||||||
22 | parole or mandatory supervised release or to his or her
| ||||||
23 | conduct
while incarcerated, in response to inquiries by his | ||||||
24 | or her parole agent or of
the
Department of Corrections;
| ||||||
25 | (15) follow any specific instructions provided by the | ||||||
26 | parole agent that
are consistent
with furthering |
| |||||||
| |||||||
1 | conditions set and approved by the Prisoner Review Board or | ||||||
2 | by
law,
exclusive of placement on electronic detention, to | ||||||
3 | achieve the goals and
objectives of his
or her parole or | ||||||
4 | mandatory supervised release or to protect the public. | ||||||
5 | These
instructions by the parole agent may be modified at | ||||||
6 | any time, as the agent
deems
appropriate;
| ||||||
7 | (16) if convicted of a sex offense as defined in | ||||||
8 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
9 | offender is a parent or guardian of the person under 18 | ||||||
10 | years of age present in the home and no non-familial minors | ||||||
11 | are present, not participate in a holiday event involving | ||||||
12 | children under 18 years of age, such as distributing candy | ||||||
13 | or other items to children on Halloween, wearing a Santa | ||||||
14 | Claus costume on or preceding Christmas, being employed as | ||||||
15 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
16 | costume on or preceding Easter; | ||||||
17 | (17) if convicted of a violation of an order of | ||||||
18 | protection under Section 12-30 of the Criminal Code of | ||||||
19 | 1961, be placed under electronic surveillance as provided | ||||||
20 | in Section 5-8A-7 of this Code; and | ||||||
21 | (18) comply with the terms and conditions of an order | ||||||
22 | of protection issued pursuant to the Illinois Domestic | ||||||
23 | Violence Act of 1986; an order of protection issued by the | ||||||
24 | court of another state, tribe, or United States territory; | ||||||
25 | a no contact order issued pursuant to the Civil No Contact | ||||||
26 | Order Act; or a no contact order issued pursuant to the |
| |||||||
| |||||||
1 | Stalking No Contact Order Act ; and . | ||||||
2 | (19) (18) if convicted of a violation of the | ||||||
3 | Methamphetamine Control and Community Protection Act, the | ||||||
4 | Methamphetamine
Precursor Control Act, or a | ||||||
5 | methamphetamine related offense, be: | ||||||
6 | (A) prohibited from purchasing, possessing, or | ||||||
7 | having under his or her control any product containing | ||||||
8 | pseudoephedrine unless prescribed by a physician; and | ||||||
9 | (B) prohibited from purchasing, possessing, or | ||||||
10 | having under his or her control any product containing | ||||||
11 | ammonium nitrate. | ||||||
12 | (b) The Board may in addition to other conditions
require | ||||||
13 | that the subject:
| ||||||
14 | (1) work or pursue a course of study or vocational | ||||||
15 | training;
| ||||||
16 | (2) undergo medical or psychiatric treatment, or | ||||||
17 | treatment
for drug addiction or alcoholism;
| ||||||
18 | (3) attend or reside in a facility established for the
| ||||||
19 | instruction or residence of persons on probation or parole;
| ||||||
20 | (4) support his dependents;
| ||||||
21 | (5) (blank);
| ||||||
22 | (6) (blank);
| ||||||
23 | (7) (blank);
| ||||||
24 | (7.5) if convicted for an offense committed on or after | ||||||
25 | the effective date of this amendatory Act of the 95th | ||||||
26 | General Assembly that would qualify the accused as a child |
| |||||||
| |||||||
1 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
2 | Criminal Code of 1961, refrain from communicating with or | ||||||
3 | contacting, by means of the Internet, a person who is | ||||||
4 | related to the accused and whom the accused reasonably | ||||||
5 | believes to be under 18 years of age; for purposes of this | ||||||
6 | paragraph (7.5), "Internet" has the meaning ascribed to it | ||||||
7 | in Section 16-0.1 of the Criminal Code of 1961; and a | ||||||
8 | person is related to the accused if the person is: (i) the | ||||||
9 | spouse, brother, or sister of the accused; (ii) a | ||||||
10 | descendant of the accused; (iii) a first or second cousin | ||||||
11 | of the accused; or (iv) a step-child or adopted child of | ||||||
12 | the accused; | ||||||
13 | (7.6) if convicted for an offense committed on or after | ||||||
14 | June 1, 2009 (the effective date of Public Act 95-983) that | ||||||
15 | would qualify as a sex offense as defined in the Sex | ||||||
16 | Offender Registration Act: | ||||||
17 | (i) not access or use a computer or any other | ||||||
18 | device with Internet capability without the prior | ||||||
19 | written approval of the Department; | ||||||
20 | (ii) submit to periodic unannounced examinations | ||||||
21 | of the offender's computer or any other device with | ||||||
22 | Internet capability by the offender's supervising | ||||||
23 | agent, a law enforcement officer, or assigned computer | ||||||
24 | or information technology specialist, including the | ||||||
25 | retrieval and copying of all data from the computer or | ||||||
26 | device and any internal or external peripherals and |
| |||||||
| |||||||
1 | removal of such information, equipment, or device to | ||||||
2 | conduct a more thorough inspection; | ||||||
3 | (iii) submit to the installation on the offender's | ||||||
4 | computer or device with Internet capability, at the | ||||||
5 | offender's expense, of one or more hardware or software | ||||||
6 | systems to monitor the Internet use; and | ||||||
7 | (iv) submit to any other appropriate restrictions | ||||||
8 | concerning the offender's use of or access to a | ||||||
9 | computer or any other device with Internet capability | ||||||
10 | imposed by the Board, the Department or the offender's | ||||||
11 | supervising agent; and
| ||||||
12 | (8) in addition, if a minor:
| ||||||
13 | (i) reside with his parents or in a foster home;
| ||||||
14 | (ii) attend school;
| ||||||
15 | (iii) attend a non-residential program for youth; | ||||||
16 | or
| ||||||
17 | (iv) contribute to his own support at home or in a | ||||||
18 | foster
home.
| ||||||
19 | (b-1) In addition to the conditions set forth in | ||||||
20 | subsections (a) and (b), persons required to register as sex | ||||||
21 | offenders pursuant to the Sex Offender Registration Act, upon | ||||||
22 | release from the custody of the Illinois Department of | ||||||
23 | Corrections, may be required by the Board to comply with the | ||||||
24 | following specific conditions of release: | ||||||
25 | (1) reside only at a Department approved location; | ||||||
26 | (2) comply with all requirements of the Sex Offender |
| |||||||
| |||||||
1 | Registration Act;
| ||||||
2 | (3) notify
third parties of the risks that may be | ||||||
3 | occasioned by his or her criminal record; | ||||||
4 | (4) obtain the approval of an agent of the Department | ||||||
5 | of Corrections prior to accepting employment or pursuing a | ||||||
6 | course of study or vocational training and notify the | ||||||
7 | Department prior to any change in employment, study, or | ||||||
8 | training; | ||||||
9 | (5) not be employed or participate in any
volunteer | ||||||
10 | activity that involves contact with children, except under | ||||||
11 | circumstances approved in advance and in writing by an | ||||||
12 | agent of the Department of Corrections; | ||||||
13 | (6) be electronically monitored for a minimum of 12 | ||||||
14 | months from the date of release as determined by the Board;
| ||||||
15 | (7) refrain from entering into a designated
geographic | ||||||
16 | area except upon terms approved in advance by an agent of | ||||||
17 | the Department of Corrections. The terms may include | ||||||
18 | consideration of the purpose of the entry, the time of day, | ||||||
19 | and others accompanying the person; | ||||||
20 | (8) refrain from having any contact, including
written | ||||||
21 | or oral communications, directly or indirectly, personally | ||||||
22 | or by telephone, letter, or through a third party with | ||||||
23 | certain specified persons including, but not limited to, | ||||||
24 | the victim or the victim's family without the prior written | ||||||
25 | approval of an agent of the Department of Corrections; | ||||||
26 | (9) refrain from all contact, directly or
indirectly, |
| |||||||
| |||||||
1 | personally, by telephone, letter, or through a third party, | ||||||
2 | with minor children without prior identification and | ||||||
3 | approval of an agent of the Department of Corrections; | ||||||
4 | (10) neither possess or have under his or her
control | ||||||
5 | any material that is sexually oriented, sexually | ||||||
6 | stimulating, or that shows male or female sex organs or any | ||||||
7 | pictures depicting children under 18 years of age nude or | ||||||
8 | any written or audio material describing sexual | ||||||
9 | intercourse or that depicts or alludes to sexual activity, | ||||||
10 | including but not limited to visual, auditory, telephonic, | ||||||
11 | or electronic media, or any matter obtained through access | ||||||
12 | to any computer or material linked to computer access use; | ||||||
13 | (11) not patronize any business providing
sexually | ||||||
14 | stimulating or sexually oriented entertainment nor utilize | ||||||
15 | "900" or adult telephone numbers; | ||||||
16 | (12) not reside near, visit, or be in or about
parks, | ||||||
17 | schools, day care centers, swimming pools, beaches, | ||||||
18 | theaters, or any other places where minor children | ||||||
19 | congregate without advance approval of an agent of the | ||||||
20 | Department of Corrections and immediately report any | ||||||
21 | incidental contact with minor children to the Department; | ||||||
22 | (13) not possess or have under his or her control
| ||||||
23 | certain specified items of contraband related to the | ||||||
24 | incidence of sexually offending as determined by an agent | ||||||
25 | of the Department of Corrections; | ||||||
26 | (14) may be required to provide a written daily log of |
| |||||||
| |||||||
1 | activities
if directed by an agent of the Department of | ||||||
2 | Corrections; | ||||||
3 | (15) comply with all other special conditions
that the | ||||||
4 | Department may impose that restrict the person from | ||||||
5 | high-risk situations and limit access to potential | ||||||
6 | victims; | ||||||
7 | (16) take an annual polygraph exam; | ||||||
8 | (17) maintain a log of his or her travel; or | ||||||
9 | (18) obtain prior approval of his or her parole officer | ||||||
10 | before driving alone in a motor vehicle.
| ||||||
11 | (c) The conditions under which the parole or mandatory
| ||||||
12 | supervised release is to be served shall be communicated to
the | ||||||
13 | person in writing prior to his release, and he shall
sign the | ||||||
14 | same before release. A signed copy of these conditions,
| ||||||
15 | including a copy of an order of protection where one had been | ||||||
16 | issued by the
criminal court, shall be retained by the person | ||||||
17 | and another copy forwarded to
the officer in charge of his | ||||||
18 | supervision.
| ||||||
19 | (d) After a hearing under Section 3-3-9, the Prisoner
| ||||||
20 | Review Board may modify or enlarge the conditions of parole
or | ||||||
21 | mandatory supervised release.
| ||||||
22 | (e) The Department shall inform all offenders committed to
| ||||||
23 | the Department of the optional services available to them
upon | ||||||
24 | release and shall assist inmates in availing themselves
of such | ||||||
25 | optional services upon their release on a voluntary
basis. | ||||||
26 | (f) (Blank).
|
| |||||||
| |||||||
1 | (Source: P.A. 96-236, eff. 8-11-09; 96-262, eff. 1-1-10; | ||||||
2 | 96-328, eff. 8-11-09; 96-362, eff. 1-1-10; 96-1000, eff. | ||||||
3 | 7-2-10; 96-1539, eff. 3-4-11; 96-1551, Article 2, Section 1065, | ||||||
4 | eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; | ||||||
5 | 97-50, eff. 6-28-11; 97-531, eff. 1-1-12; 97-560, eff. 1-1-12; | ||||||
6 | 97-597, eff. 1-1-12; revised 9-14-11.)
| ||||||
7 | (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
| ||||||
8 | Sec. 5-3-2. Presentence Report.
| ||||||
9 | (a) In felony cases, the presentence
report shall set | ||||||
10 | forth:
| ||||||
11 | (1) the defendant's history of delinquency or | ||||||
12 | criminality,
physical and mental history and condition, | ||||||
13 | family situation and
background, economic status, | ||||||
14 | education, occupation and personal habits;
| ||||||
15 | (2) information about special resources within the | ||||||
16 | community
which might be available to assist the | ||||||
17 | defendant's rehabilitation,
including treatment centers, | ||||||
18 | residential facilities, vocational
training services, | ||||||
19 | correctional manpower programs, employment
opportunities, | ||||||
20 | special educational programs, alcohol and drug
abuse | ||||||
21 | programming, psychiatric and marriage counseling, and | ||||||
22 | other
programs and facilities which could aid the | ||||||
23 | defendant's successful
reintegration into society;
| ||||||
24 | (3) the effect the offense committed has had upon the | ||||||
25 | victim or
victims thereof, and any compensatory benefit |
| |||||||
| |||||||
1 | that various
sentencing alternatives would confer on such | ||||||
2 | victim or victims;
| ||||||
3 | (4) information concerning the defendant's status | ||||||
4 | since arrest,
including his record if released on his own | ||||||
5 | recognizance, or the
defendant's achievement record if | ||||||
6 | released on a conditional
pre-trial supervision program;
| ||||||
7 | (5) when appropriate, a plan, based upon the personal, | ||||||
8 | economic
and social adjustment needs of the defendant, | ||||||
9 | utilizing public and
private community resources as an | ||||||
10 | alternative to institutional
sentencing;
| ||||||
11 | (6) any other matters that the investigatory officer | ||||||
12 | deems
relevant or the court directs to be included; and
| ||||||
13 | (7) information concerning defendant's eligibility for | ||||||
14 | a sentence to a
county impact incarceration program under | ||||||
15 | Section 5-8-1.2 of this Code.
| ||||||
16 | (b) The investigation shall include a physical and mental
| ||||||
17 | examination of the defendant when so ordered by the court. If
| ||||||
18 | the court determines that such an examination should be made, | ||||||
19 | it
shall issue an order that the defendant submit to | ||||||
20 | examination at
such time and place as designated by the court | ||||||
21 | and that such
examination be conducted by a physician, | ||||||
22 | psychologist or
psychiatrist designated by the court. Such an | ||||||
23 | examination may
be conducted in a court clinic if so ordered by | ||||||
24 | the court. The
cost of such examination shall be paid by the | ||||||
25 | county in which
the trial is held.
| ||||||
26 | (b-5) In cases involving felony sex offenses in which the |
| |||||||
| |||||||
1 | offender is being considered for probation only or any felony | ||||||
2 | offense that is
sexually motivated as defined in the Sex | ||||||
3 | Offender Management Board Act in which the offender is being | ||||||
4 | considered for probation only, the
investigation shall include | ||||||
5 | a sex offender evaluation by an evaluator approved
by the Board | ||||||
6 | and conducted in conformance with the standards developed under
| ||||||
7 | the Sex Offender Management Board Act. In cases in which the | ||||||
8 | offender is being considered for any mandatory prison sentence, | ||||||
9 | the investigation shall not include a sex offender evaluation.
| ||||||
10 | (c) In misdemeanor, business offense or petty offense | ||||||
11 | cases, except as
specified in subsection (d) of this Section, | ||||||
12 | when a presentence report has
been ordered by the court, such | ||||||
13 | presentence report shall contain
information on the | ||||||
14 | defendant's history of delinquency or criminality and
shall | ||||||
15 | further contain only those matters listed in any of paragraphs | ||||||
16 | (1)
through (6) of subsection (a) or in subsection (b) of this | ||||||
17 | Section as are
specified by the court in its order for the | ||||||
18 | report.
| ||||||
19 | (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or | ||||||
20 | 12-30 of the Criminal
Code of 1961, as amended, the presentence | ||||||
21 | report shall set forth
information about alcohol, drug abuse, | ||||||
22 | psychiatric, and marriage counseling
or other treatment | ||||||
23 | programs and facilities, information on the defendant's
| ||||||
24 | history of delinquency or criminality, and shall contain those | ||||||
25 | additional
matters listed in any of paragraphs (1) through (6) | ||||||
26 | of subsection (a) or in
subsection (b) of this Section as are |
| |||||||
| |||||||
1 | specified by the court.
| ||||||
2 | (e) Nothing in this Section shall cause the defendant to be
| ||||||
3 | held without bail or to have his bail revoked for the purpose
| ||||||
4 | of preparing the presentence report or making an examination.
| ||||||
5 | (Source: P.A. 96-322, eff. 1-1-10; 96-1551, Article 1, Section | ||||||
6 | 970, eff. 7-1-11; 96-1551, Article 2, Section 1065, eff. | ||||||
7 | 7-1-11; revised 9-30-11.)
| ||||||
8 | (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
| ||||||
9 | Sec. 5-4-3. Specimens;
genetic marker groups. | ||||||
10 | (a) Any person convicted of, found guilty under the | ||||||
11 | Juvenile Court Act of
1987 for, or who received a disposition | ||||||
12 | of court supervision for, a qualifying
offense or attempt of a | ||||||
13 | qualifying offense, convicted or found guilty of any
offense | ||||||
14 | classified as a felony under Illinois law, convicted or found | ||||||
15 | guilty of any offense requiring registration under the Sex | ||||||
16 | Offender Registration Act, found guilty or given
supervision | ||||||
17 | for any offense classified as a felony under the Juvenile Court | ||||||
18 | Act
of 1987, convicted or found guilty of, under the Juvenile | ||||||
19 | Court Act of 1987, any offense requiring registration under the | ||||||
20 | Sex Offender Registration Act, or institutionalized as a | ||||||
21 | sexually dangerous person under the Sexually
Dangerous Persons | ||||||
22 | Act, or committed as a sexually violent person under the
| ||||||
23 | Sexually Violent Persons Commitment Act shall, regardless of | ||||||
24 | the sentence or
disposition imposed, be required to submit | ||||||
25 | specimens of blood, saliva, or
tissue to the Illinois |
| |||||||
| |||||||
1 | Department of State Police in accordance with the
provisions of | ||||||
2 | this Section, provided such person is:
| ||||||
3 | (1) convicted of a qualifying offense or attempt of a | ||||||
4 | qualifying offense
on or after July 1, 1990 and sentenced | ||||||
5 | to a term of imprisonment, periodic imprisonment, fine,
| ||||||
6 | probation, conditional discharge or any other form of | ||||||
7 | sentence, or given a
disposition of court supervision for | ||||||
8 | the offense;
| ||||||
9 | (1.5) found guilty or given supervision under the | ||||||
10 | Juvenile Court Act of
1987 for a qualifying offense or | ||||||
11 | attempt of a qualifying offense on or after
January 1, | ||||||
12 | 1997;
| ||||||
13 | (2) ordered institutionalized as a sexually dangerous | ||||||
14 | person on or after
July 1, 1990;
| ||||||
15 | (3) convicted of a qualifying offense or attempt of a | ||||||
16 | qualifying offense
before July 1, 1990
and is presently | ||||||
17 | confined as a result of such conviction in any State
| ||||||
18 | correctional facility or county jail or is presently | ||||||
19 | serving a sentence of
probation, conditional discharge or | ||||||
20 | periodic imprisonment as a result of such
conviction;
| ||||||
21 | (3.5) convicted or found guilty of any offense | ||||||
22 | classified as a felony
under Illinois law or found guilty | ||||||
23 | or given supervision for such an offense
under the Juvenile | ||||||
24 | Court Act of 1987 on or after August 22, 2002;
| ||||||
25 | (4) presently institutionalized as a sexually | ||||||
26 | dangerous person or
presently institutionalized as a |
| |||||||
| |||||||
1 | person found guilty but mentally ill of a
sexual offense or | ||||||
2 | attempt to commit a sexual offense; or
| ||||||
3 | (4.5) ordered committed as a sexually violent person on | ||||||
4 | or after the
effective date of the Sexually Violent Persons | ||||||
5 | Commitment Act.
| ||||||
6 | (a-1) Any person incarcerated in
a facility of the Illinois | ||||||
7 | Department of Corrections or the Illinois Department of | ||||||
8 | Juvenile Justice on or after August 22,
2002, whether for a | ||||||
9 | term of years, natural life, or a sentence of death, who has | ||||||
10 | not yet submitted a specimen of blood, saliva, or tissue shall | ||||||
11 | be required to submit a specimen of blood, saliva, or tissue
| ||||||
12 | prior to his or her final discharge, or release on parole or | ||||||
13 | mandatory
supervised release, as a
condition of his or her | ||||||
14 | parole or mandatory supervised release, or within 6 months from | ||||||
15 | August 13, 2009 (the effective date of Public Act 96-426), | ||||||
16 | whichever is sooner. A person incarcerated on or after August | ||||||
17 | 13, 2009 (the effective date of Public Act 96-426) shall be | ||||||
18 | required to submit a specimen within 45 days of incarceration, | ||||||
19 | or prior to his or her final discharge, or release on parole or | ||||||
20 | mandatory supervised release, as a condition of his or her | ||||||
21 | parole or mandatory supervised release, whichever is sooner. | ||||||
22 | These specimens shall be placed into the State or national DNA | ||||||
23 | database, to be used in accordance with other provisions of | ||||||
24 | this Section, by the Illinois State Police.
| ||||||
25 | (a-2) Any person sentenced to life imprisonment in a | ||||||
26 | facility of the Illinois Department of Corrections after the |
| |||||||
| |||||||
1 | effective date of this amendatory Act of the 94th General | ||||||
2 | Assembly or sentenced to death after the effective date of this | ||||||
3 | amendatory Act of the 94th General Assembly shall be required | ||||||
4 | to provide a specimen of blood, saliva, or tissue within 45 | ||||||
5 | days after sentencing or disposition at a collection site | ||||||
6 | designated by the Illinois Department of State Police. Any | ||||||
7 | person serving a sentence of life imprisonment in a facility of | ||||||
8 | the Illinois Department of Corrections on the effective date of | ||||||
9 | this amendatory Act of the 94th General Assembly or any person | ||||||
10 | who is under a sentence of death on the effective date of this | ||||||
11 | amendatory Act of the 94th General Assembly shall be required | ||||||
12 | to provide a specimen of blood, saliva, or tissue upon request | ||||||
13 | at a collection site designated by the Illinois Department of | ||||||
14 | State Police.
| ||||||
15 | (a-3) Any person seeking transfer to or residency in | ||||||
16 | Illinois under Sections 3-3-11.05
through 3-3-11.5 of this | ||||||
17 | Code, the Interstate Compact
for Adult Offender Supervision, or | ||||||
18 | the Interstate Agreements on Sexually
Dangerous Persons Act | ||||||
19 | shall be required to provide a specimen of blood, saliva, or | ||||||
20 | tissue within 45 days after transfer to or residency in | ||||||
21 | Illinois at a collection site designated by the Illinois | ||||||
22 | Department of State Police. | ||||||
23 | (a-3.1) Any person required by an order of the court to | ||||||
24 | submit a DNA specimen shall be required to provide a specimen | ||||||
25 | of blood, saliva, or tissue within 45 days after the court | ||||||
26 | order at a collection site designated by the Illinois |
| |||||||
| |||||||
1 | Department of State Police. | ||||||
2 | (a-3.2) On or after January 1, 2012 ( the effective date of | ||||||
3 | Public Act 97-383) this amendatory Act of the 97th General | ||||||
4 | Assembly , any person arrested for any of the following | ||||||
5 | offenses, after an indictment has been returned by a grand | ||||||
6 | jury, or following a hearing pursuant to Section 109-3 of the | ||||||
7 | Code of Criminal Procedure of 1963 and a judge finds there is | ||||||
8 | probable cause to believe the arrestee has committed one of the | ||||||
9 | designated offenses, or an arrestee has waived a preliminary | ||||||
10 | hearing shall be required to provide a specimen of blood, | ||||||
11 | saliva, or tissue within 14 days after such indictment or | ||||||
12 | hearing at a collection site designated by the Illinois | ||||||
13 | Department of State Police: | ||||||
14 | (A) first degree murder; | ||||||
15 | (B) home invasion; | ||||||
16 | (C) predatory criminal sexual assault
of a child; | ||||||
17 | (D) aggravated criminal sexual assault; or | ||||||
18 | (E) criminal sexual assault. | ||||||
19 | (a-3.3) Any person required to register as a sex offender | ||||||
20 | under the Sex Offender Registration Act, regardless of the date | ||||||
21 | of conviction as set forth in subsection (c-5.2) shall be | ||||||
22 | required to provide a specimen of blood, saliva, or tissue | ||||||
23 | within the time period prescribed in subsection (c-5.2) at a | ||||||
24 | collection site designated by the Illinois Department of State | ||||||
25 | Police. | ||||||
26 | (a-5) Any person who was otherwise convicted of or received |
| |||||||
| |||||||
1 | a disposition
of court supervision for any other offense under | ||||||
2 | the Criminal Code of 1961 or
who was found guilty or given | ||||||
3 | supervision for such a violation under the
Juvenile Court Act | ||||||
4 | of 1987, may, regardless of the sentence imposed, be
required | ||||||
5 | by an order of the court to submit specimens of blood, saliva, | ||||||
6 | or
tissue to the Illinois Department of State Police in | ||||||
7 | accordance with the
provisions of this Section.
| ||||||
8 | (b) Any person required by paragraphs (a)(1), (a)(1.5), | ||||||
9 | (a)(2), (a)(3.5),
and (a-5) to provide specimens of blood, | ||||||
10 | saliva, or tissue shall provide
specimens of blood, saliva, or | ||||||
11 | tissue within 45 days after sentencing or
disposition at a | ||||||
12 | collection site designated by the Illinois Department of
State | ||||||
13 | Police.
| ||||||
14 | (c) Any person required by paragraphs (a)(3), (a)(4), and | ||||||
15 | (a)(4.5) to
provide specimens of blood, saliva, or tissue shall | ||||||
16 | be required to provide
such specimens prior to final discharge | ||||||
17 | or within 6 months from August 13, 2009 (the effective date of | ||||||
18 | Public Act 96-426), whichever is sooner. These specimens shall | ||||||
19 | be placed into the State or national DNA database, to be used | ||||||
20 | in accordance with other provisions of this Act, by the | ||||||
21 | Illinois State Police.
| ||||||
22 | (c-5) Any person required by paragraph (a-3) to provide | ||||||
23 | specimens of
blood, saliva, or tissue shall, where feasible, be | ||||||
24 | required to provide the
specimens before being accepted for | ||||||
25 | conditioned residency in Illinois under
the interstate compact | ||||||
26 | or agreement, but no later than 45 days after arrival
in this |
| |||||||
| |||||||
1 | State.
| ||||||
2 | (c-5.2) Unless it is determined that a registered sex | ||||||
3 | offender has previously submitted a specimen of blood, saliva, | ||||||
4 | or tissue that has been placed into the State DNA database, a | ||||||
5 | person registering as a sex offender shall be required to | ||||||
6 | submit a specimen at the time of his or her initial | ||||||
7 | registration pursuant to the Sex Offender Registration Act or, | ||||||
8 | for a person registered as a sex offender on or prior to | ||||||
9 | January 1, 2012 ( the effective date of Public Act 97-383) this | ||||||
10 | amendatory Act of the 97th General Assembly , within one year of | ||||||
11 | January 1, 2012 ( the effective date of Public Act 97-383) this | ||||||
12 | amendatory Act or at the time of his or her next required | ||||||
13 | registration. | ||||||
14 | (c-6) The Illinois Department of State Police may determine | ||||||
15 | which type of
specimen or specimens, blood, saliva, or tissue, | ||||||
16 | is acceptable for submission
to the Division of Forensic | ||||||
17 | Services for analysis. The Illinois Department of State Police | ||||||
18 | may require the submission of fingerprints from anyone required | ||||||
19 | to give a specimen under this Act.
| ||||||
20 | (d) The Illinois Department of State Police shall provide | ||||||
21 | all equipment
and instructions necessary for the collection of | ||||||
22 | blood specimens.
The collection of specimens shall be performed | ||||||
23 | in a medically approved
manner. Only a physician authorized to | ||||||
24 | practice medicine, a registered
nurse or other qualified person | ||||||
25 | trained in venipuncture may withdraw blood
for the purposes of | ||||||
26 | this Act. The specimens
shall thereafter be forwarded to the |
| |||||||
| |||||||
1 | Illinois Department of State Police,
Division of Forensic | ||||||
2 | Services, for analysis and
categorizing into genetic marker | ||||||
3 | groupings.
| ||||||
4 | (d-1) The Illinois Department of State Police shall provide | ||||||
5 | all equipment
and instructions necessary for the collection of | ||||||
6 | saliva specimens. The
collection of saliva specimens shall be | ||||||
7 | performed in a medically approved manner.
Only a person trained | ||||||
8 | in the instructions promulgated by the Illinois State
Police on | ||||||
9 | collecting saliva may collect saliva for the purposes of this
| ||||||
10 | Section. The specimens shall thereafter be forwarded to the | ||||||
11 | Illinois Department
of State Police, Division of Forensic | ||||||
12 | Services, for analysis and categorizing
into genetic marker | ||||||
13 | groupings.
| ||||||
14 | (d-2) The Illinois Department of State Police shall provide | ||||||
15 | all equipment
and instructions necessary for the collection of | ||||||
16 | tissue specimens. The
collection of tissue specimens shall be | ||||||
17 | performed in a medically approved
manner. Only a person trained | ||||||
18 | in the instructions promulgated by the Illinois
State Police on | ||||||
19 | collecting tissue may collect tissue for the purposes of this
| ||||||
20 | Section. The specimens shall thereafter be forwarded to the | ||||||
21 | Illinois Department
of State Police, Division of Forensic | ||||||
22 | Services, for analysis and categorizing
into genetic marker | ||||||
23 | groupings.
| ||||||
24 | (d-5) To the extent that funds are available, the Illinois | ||||||
25 | Department of
State Police shall contract with qualified | ||||||
26 | personnel and certified laboratories
for the collection, |
| |||||||
| |||||||
1 | analysis, and categorization of known specimens, except as | ||||||
2 | provided in subsection (n) of this Section.
| ||||||
3 | (d-6) Agencies designated by the Illinois Department of | ||||||
4 | State Police and
the Illinois Department of State Police may | ||||||
5 | contract with third parties to
provide for the collection or | ||||||
6 | analysis of DNA, or both, of an offender's blood,
saliva, and | ||||||
7 | tissue specimens, except as provided in subsection (n) of this | ||||||
8 | Section.
| ||||||
9 | (e) The genetic marker groupings shall be maintained by the | ||||||
10 | Illinois
Department of State Police, Division of Forensic | ||||||
11 | Services.
| ||||||
12 | (f) The genetic marker grouping analysis information | ||||||
13 | obtained pursuant
to this Act shall be confidential and shall | ||||||
14 | be released only to peace
officers of the United States, of | ||||||
15 | other states or territories, of the
insular possessions of the | ||||||
16 | United States, of foreign countries duly
authorized to receive | ||||||
17 | the same, to all peace officers of the State of
Illinois and to | ||||||
18 | all prosecutorial agencies, and to defense counsel as
provided | ||||||
19 | by Section 116-5 of the Code of Criminal Procedure of 1963.
The | ||||||
20 | genetic marker grouping analysis information obtained pursuant | ||||||
21 | to
this Act shall be used only for (i) valid law enforcement | ||||||
22 | identification
purposes and as required by the Federal Bureau | ||||||
23 | of Investigation for
participation in the National DNA | ||||||
24 | database, (ii) technology
validation
purposes, (iii) a | ||||||
25 | population statistics database, (iv) quality
assurance
| ||||||
26 | purposes if personally identifying information is removed,
(v) |
| |||||||
| |||||||
1 | assisting in the defense of the criminally accused pursuant
to
| ||||||
2 | Section 116-5 of the Code of Criminal Procedure of 1963, or | ||||||
3 | (vi) identifying and assisting in the prosecution of a person | ||||||
4 | who is suspected of committing a sexual assault as defined in | ||||||
5 | Section 1a of the Sexual Assault Survivors Emergency Treatment | ||||||
6 | Act. Notwithstanding
any other statutory provision to the | ||||||
7 | contrary,
all information obtained under this Section shall be | ||||||
8 | maintained in a single
State data base, which may be uploaded | ||||||
9 | into a national database, and which
information may be subject | ||||||
10 | to expungement only as set forth in subsection
(f-1).
| ||||||
11 | (f-1) Upon receipt of notification of a reversal of a | ||||||
12 | conviction based on
actual innocence, or of the granting of a | ||||||
13 | pardon pursuant to Section 12 of
Article V of the Illinois | ||||||
14 | Constitution, if that pardon document specifically
states that | ||||||
15 | the reason for the pardon is the actual innocence of an | ||||||
16 | individual
whose DNA record has been stored in the State or | ||||||
17 | national DNA identification
index in accordance with this | ||||||
18 | Section by the Illinois Department of State
Police, the DNA | ||||||
19 | record shall be expunged from the DNA identification index, and
| ||||||
20 | the Department shall by rule prescribe procedures to ensure | ||||||
21 | that the record and
any specimens, analyses, or other documents | ||||||
22 | relating to such record, whether in
the possession of the | ||||||
23 | Department or any law enforcement or police agency, or
any | ||||||
24 | forensic DNA laboratory, including any duplicates or copies | ||||||
25 | thereof, are
destroyed and a letter is sent to the court | ||||||
26 | verifying the expungement is
completed. For specimens required |
| |||||||
| |||||||
1 | to be collected prior to conviction, unless the individual has | ||||||
2 | other charges or convictions that require submission of a | ||||||
3 | specimen, the DNA record for an individual shall be expunged | ||||||
4 | from the DNA identification databases and the specimen | ||||||
5 | destroyed upon receipt of a certified copy of a final court | ||||||
6 | order for each charge against an individual in which the charge | ||||||
7 | has been dismissed, resulted in acquittal, or that the charge | ||||||
8 | was not filed within the applicable time period. The Department | ||||||
9 | shall by rule prescribe procedures to ensure that the record | ||||||
10 | and any specimens in the possession or control of the | ||||||
11 | Department are destroyed and a letter is sent to the court | ||||||
12 | verifying the expungement is completed.
| ||||||
13 | (f-5) Any person who intentionally uses genetic marker | ||||||
14 | grouping analysis
information, or any other information | ||||||
15 | derived from a DNA specimen, beyond the
authorized uses as | ||||||
16 | provided under this Section, or any other Illinois law, is
| ||||||
17 | guilty of a Class 4 felony, and shall be subject to a fine of | ||||||
18 | not less than
$5,000.
| ||||||
19 | (f-6) The Illinois Department of State Police may contract | ||||||
20 | with third
parties for the purposes of implementing this | ||||||
21 | amendatory Act of the 93rd
General Assembly, except as provided | ||||||
22 | in subsection (n) of this Section. Any other party contracting | ||||||
23 | to carry out the functions of
this Section shall be subject to | ||||||
24 | the same restrictions and requirements of this
Section insofar | ||||||
25 | as applicable, as the Illinois Department of State Police, and
| ||||||
26 | to any additional restrictions imposed by the Illinois |
| |||||||
| |||||||
1 | Department of State
Police.
| ||||||
2 | (g) For the purposes of this Section, "qualifying offense" | ||||||
3 | means any of
the following:
| ||||||
4 | (1) any violation or inchoate violation of Section | ||||||
5 | 11-1.50, 11-1.60, 11-6, 11-9.1, 11-11,
11-18.1, 12-15, or | ||||||
6 | 12-16 of the Criminal Code of 1961;
| ||||||
7 | (1.1) any violation or inchoate violation of Section | ||||||
8 | 9-1, 9-2, 10-1,
10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3, | ||||||
9 | 18-4, 19-1, or 19-2 of the Criminal
Code of 1961 for which | ||||||
10 | persons are convicted on or after July 1, 2001;
| ||||||
11 | (2) any former statute of this State which defined a | ||||||
12 | felony sexual
offense;
| ||||||
13 | (3) (blank);
| ||||||
14 | (4) any inchoate violation of Section 9-3.1, 11-9.3, | ||||||
15 | 12-7.3, or 12-7.4 of
the Criminal Code of 1961; or
| ||||||
16 | (5) any violation or inchoate violation of Article 29D | ||||||
17 | of the Criminal
Code of 1961.
| ||||||
18 | (g-5) (Blank).
| ||||||
19 | (h) The Illinois Department of State Police shall be the | ||||||
20 | State central
repository for all genetic marker grouping | ||||||
21 | analysis information obtained
pursuant to this Act. The | ||||||
22 | Illinois Department of State Police may
promulgate rules for | ||||||
23 | the form and manner of the collection of blood, saliva,
or | ||||||
24 | tissue specimens and other procedures for the operation of this | ||||||
25 | Act. The
provisions of the Administrative Review Law shall | ||||||
26 | apply to all actions taken
under the rules so promulgated.
|
| |||||||
| |||||||
1 | (i) (1) A person required to provide a blood, saliva, or | ||||||
2 | tissue specimen
shall
cooperate with the collection of the | ||||||
3 | specimen and any deliberate act by
that person intended to | ||||||
4 | impede, delay or stop the collection of the blood,
saliva, | ||||||
5 | or tissue specimen is a Class 4 felony.
| ||||||
6 | (2) In the event that a person's DNA specimen is not | ||||||
7 | adequate for any
reason, the person shall provide another | ||||||
8 | DNA specimen for analysis. Duly
authorized law
enforcement | ||||||
9 | and corrections personnel may employ reasonable force in | ||||||
10 | cases in
which an individual refuses to provide a DNA | ||||||
11 | specimen required under this
Act.
| ||||||
12 | (j) Any person required by subsection (a), or any person | ||||||
13 | who was previously required by subsection (a-3.2), to submit | ||||||
14 | specimens of blood,
saliva, or tissue to
the Illinois | ||||||
15 | Department of State Police for analysis and categorization into
| ||||||
16 | genetic marker grouping, in addition to any other disposition, | ||||||
17 | penalty, or
fine imposed, shall pay an analysis fee of $250. If | ||||||
18 | the analysis fee is not
paid at the time of sentencing, the | ||||||
19 | court shall establish a fee schedule by
which the entire amount | ||||||
20 | of the analysis fee shall be paid in full, such
schedule not to | ||||||
21 | exceed 24 months from the time of conviction. The inability to
| ||||||
22 | pay this analysis fee shall not be the sole ground to | ||||||
23 | incarcerate the person.
| ||||||
24 | (k) All analysis and categorization fees provided for by | ||||||
25 | subsection (j)
shall be regulated as follows:
| ||||||
26 | (1) The State Offender DNA Identification System Fund |
| |||||||
| |||||||
1 | is hereby created as
a special fund in the State Treasury.
| ||||||
2 | (2) All fees shall be collected by the clerk of the | ||||||
3 | court and forwarded to
the State Offender DNA | ||||||
4 | Identification System Fund for deposit. The
clerk of the | ||||||
5 | circuit court may retain the amount of $10 from each | ||||||
6 | collected
analysis fee to offset administrative costs | ||||||
7 | incurred in carrying out the
clerk's responsibilities | ||||||
8 | under this Section.
| ||||||
9 | (3) Fees deposited into the State Offender DNA | ||||||
10 | Identification System Fund
shall be used by Illinois State | ||||||
11 | Police crime laboratories as designated by the
Director of | ||||||
12 | State Police. These funds shall be in addition to any | ||||||
13 | allocations
made pursuant to existing laws and shall be | ||||||
14 | designated for the exclusive use of
State crime | ||||||
15 | laboratories. These uses may include, but are not limited | ||||||
16 | to, the
following:
| ||||||
17 | (A) Costs incurred in providing analysis and | ||||||
18 | genetic marker
categorization as required by | ||||||
19 | subsection (d).
| ||||||
20 | (B) Costs incurred in maintaining genetic marker | ||||||
21 | groupings as required
by subsection (e).
| ||||||
22 | (C) Costs incurred in the purchase and maintenance | ||||||
23 | of equipment for use
in performing analyses.
| ||||||
24 | (D) Costs incurred in continuing research and | ||||||
25 | development of new
techniques for analysis and genetic | ||||||
26 | marker categorization.
|
| |||||||
| |||||||
1 | (E) Costs incurred in continuing education, | ||||||
2 | training, and professional
development of forensic | ||||||
3 | scientists regularly employed by these laboratories.
| ||||||
4 | (l) The failure of a person to provide a specimen, or of | ||||||
5 | any person or
agency to collect a specimen, shall in no way | ||||||
6 | alter
the obligation of the person to submit such specimen, or | ||||||
7 | the authority of the
Illinois Department of State Police or | ||||||
8 | persons designated by the Department to
collect the specimen, | ||||||
9 | or the authority of the Illinois Department of State
Police to | ||||||
10 | accept, analyze and maintain the specimen or to maintain or | ||||||
11 | upload
results of genetic marker grouping analysis information | ||||||
12 | into a State or
national database.
| ||||||
13 | (m) If any provision of this amendatory Act of the 93rd | ||||||
14 | General Assembly
is
held unconstitutional or otherwise | ||||||
15 | invalid, the remainder of this amendatory
Act
of the 93rd | ||||||
16 | General Assembly is not affected.
| ||||||
17 | (n) Neither the Department of State Police, the Division of | ||||||
18 | Forensic Services, nor any laboratory of the Division of | ||||||
19 | Forensic Services may contract out forensic testing for the | ||||||
20 | purpose of an active investigation or a matter pending before a | ||||||
21 | court of competent jurisdiction without the written consent of | ||||||
22 | the prosecuting agency. For the purposes of this subsection | ||||||
23 | (n), "forensic testing" includes the analysis of physical | ||||||
24 | evidence in an investigation or other proceeding for the | ||||||
25 | prosecution of a violation of the Criminal Code of 1961 or for | ||||||
26 | matters adjudicated under the Juvenile Court Act of 1987, and |
| |||||||
| |||||||
1 | includes the use of forensic databases and databanks, including | ||||||
2 | DNA, firearm, and fingerprint databases, and expert testimony. | ||||||
3 | (o) Mistake does not invalidate a database match. The | ||||||
4 | detention, arrest, or conviction of a person based upon a | ||||||
5 | database match or database information is not invalidated if it | ||||||
6 | is determined that the specimen was obtained or placed in the | ||||||
7 | database by mistake. | ||||||
8 | (p) This Section may be referred to as the Illinois DNA | ||||||
9 | Database Law of 2011. | ||||||
10 | (Source: P.A. 96-426, eff. 8-13-09; 96-642, eff. 8-24-09; | ||||||
11 | 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-383, eff. | ||||||
12 | 1-1-12; revised 9-14-11.)
| ||||||
13 | (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| ||||||
14 | Sec. 5-5-3. Disposition.
| ||||||
15 | (a) (Blank).
| ||||||
16 | (b) (Blank).
| ||||||
17 | (c) (1) (Blank).
| ||||||
18 | (2) A period of probation, a term of periodic | ||||||
19 | imprisonment or
conditional discharge shall not be imposed | ||||||
20 | for the following offenses.
The court shall sentence the | ||||||
21 | offender to not less than the minimum term
of imprisonment | ||||||
22 | set forth in this Code for the following offenses, and
may | ||||||
23 | order a fine or restitution or both in conjunction with | ||||||
24 | such term of
imprisonment:
| ||||||
25 | (A) First degree murder where the death penalty is |
| |||||||
| |||||||
1 | not imposed.
| ||||||
2 | (B) Attempted first degree murder.
| ||||||
3 | (C) A Class X felony.
| ||||||
4 | (D) A violation of Section 401.1 or 407 of the
| ||||||
5 | Illinois Controlled Substances Act, or a violation of | ||||||
6 | subdivision (c)(1), (c)(1.5), or
(c)(2) of
Section 401 | ||||||
7 | of that Act which relates to more than 5 grams of a | ||||||
8 | substance
containing heroin, cocaine, fentanyl, or an | ||||||
9 | analog thereof.
| ||||||
10 | (E) A violation of Section 5.1 or 9 of the Cannabis | ||||||
11 | Control
Act.
| ||||||
12 | (F) A Class 2 or greater felony if the offender had | ||||||
13 | been convicted
of a Class 2 or greater felony, | ||||||
14 | including any state or federal conviction for an | ||||||
15 | offense that contained, at the time it was committed, | ||||||
16 | the same elements as an offense now (the date of the | ||||||
17 | offense committed after the prior Class 2 or greater | ||||||
18 | felony) classified as a Class 2 or greater felony, | ||||||
19 | within 10 years of the date on which the
offender
| ||||||
20 | committed the offense for which he or she is being | ||||||
21 | sentenced, except as
otherwise provided in Section | ||||||
22 | 40-10 of the Alcoholism and Other Drug Abuse and
| ||||||
23 | Dependency Act.
| ||||||
24 | (F-5) A violation of Section 24-1, 24-1.1, or | ||||||
25 | 24-1.6 of the Criminal Code of 1961 for which | ||||||
26 | imprisonment is prescribed in those Sections.
|
| |||||||
| |||||||
1 | (G) Residential burglary, except as otherwise | ||||||
2 | provided in Section 40-10
of the Alcoholism and Other | ||||||
3 | Drug Abuse and Dependency Act.
| ||||||
4 | (H) Criminal sexual assault.
| ||||||
5 | (I) Aggravated battery of a senior citizen as | ||||||
6 | described in Section 12-4.6 or subdivision (a)(4) of | ||||||
7 | Section 12-3.05.
| ||||||
8 | (J) A forcible felony if the offense was related to | ||||||
9 | the activities of an
organized gang.
| ||||||
10 | Before July 1, 1994, for the purposes of this | ||||||
11 | paragraph, "organized
gang" means an association of 5 | ||||||
12 | or more persons, with an established hierarchy,
that | ||||||
13 | encourages members of the association to perpetrate | ||||||
14 | crimes or provides
support to the members of the | ||||||
15 | association who do commit crimes.
| ||||||
16 | Beginning July 1, 1994, for the purposes of this | ||||||
17 | paragraph,
"organized gang" has the meaning ascribed | ||||||
18 | to it in Section 10 of the Illinois
Streetgang | ||||||
19 | Terrorism Omnibus Prevention Act.
| ||||||
20 | (K) Vehicular hijacking.
| ||||||
21 | (L) A second or subsequent conviction for the | ||||||
22 | offense of hate crime
when the underlying offense upon | ||||||
23 | which the hate crime is based is felony
aggravated
| ||||||
24 | assault or felony mob action.
| ||||||
25 | (M) A second or subsequent conviction for the | ||||||
26 | offense of institutional
vandalism if the damage to the |
| |||||||
| |||||||
1 | property exceeds $300.
| ||||||
2 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
3 | subsection (a) of
Section 2 of the Firearm Owners | ||||||
4 | Identification Card Act.
| ||||||
5 | (O) A violation of Section 12-6.1 or 12-6.5 of the | ||||||
6 | Criminal Code of 1961.
| ||||||
7 | (P) A violation of paragraph (1), (2), (3), (4), | ||||||
8 | (5), or (7) of
subsection (a)
of Section 11-20.1 of the | ||||||
9 | Criminal Code of 1961.
| ||||||
10 | (Q) A violation of Section 20-1.2 or 20-1.3 of the | ||||||
11 | Criminal Code of
1961.
| ||||||
12 | (R) A violation of Section 24-3A of the Criminal | ||||||
13 | Code of
1961.
| ||||||
14 | (S) (Blank).
| ||||||
15 | (T) A second or subsequent violation of the | ||||||
16 | Methamphetamine Control and Community Protection Act.
| ||||||
17 | (U) A second or subsequent violation of Section | ||||||
18 | 6-303 of the Illinois Vehicle Code committed while his | ||||||
19 | or her driver's license, permit, or privilege was | ||||||
20 | revoked because of a violation of Section 9-3 of the | ||||||
21 | Criminal Code of 1961, relating to the offense of | ||||||
22 | reckless homicide, or a similar provision of a law of | ||||||
23 | another state.
| ||||||
24 | (V)
A violation of paragraph (4) of subsection (c) | ||||||
25 | of Section 11-20.1B or paragraph (4) of subsection (c) | ||||||
26 | of Section 11-20.3 of the Criminal Code of 1961. |
| |||||||
| |||||||
1 | (W) A violation of Section 24-3.5 of the Criminal | ||||||
2 | Code of 1961.
| ||||||
3 | (X) A violation of subsection (a) of Section 31-1a | ||||||
4 | of the Criminal Code of 1961. | ||||||
5 | (Y) A conviction for unlawful possession of a | ||||||
6 | firearm by a street gang member when the firearm was | ||||||
7 | loaded or contained firearm ammunition. | ||||||
8 | (Z) A Class 1 felony committed while he or she was | ||||||
9 | serving a term of probation or conditional discharge | ||||||
10 | for a felony. | ||||||
11 | (AA) Theft of property exceeding $500,000 and not | ||||||
12 | exceeding $1,000,000 in value. | ||||||
13 | (BB) Laundering of criminally derived property of | ||||||
14 | a value exceeding
$500,000. | ||||||
15 | (CC) Knowingly selling, offering for sale, holding | ||||||
16 | for sale, or using 2,000 or more counterfeit items or | ||||||
17 | counterfeit items having a retail value in the | ||||||
18 | aggregate of $500,000 or more. | ||||||
19 | (DD) A conviction for aggravated assault under | ||||||
20 | paragraph (6) of subsection (c) of Section 12-2 of the | ||||||
21 | Criminal Code of 1961 if the firearm is aimed toward | ||||||
22 | the person against whom the firearm is being used.
| ||||||
23 | (3) (Blank).
| ||||||
24 | (4) A minimum term of imprisonment of not less than 10
| ||||||
25 | consecutive days or 30 days of community service shall be | ||||||
26 | imposed for a
violation of paragraph (c) of Section 6-303 |
| |||||||
| |||||||
1 | of the Illinois Vehicle Code.
| ||||||
2 | (4.1) (Blank).
| ||||||
3 | (4.2) Except as provided in paragraphs (4.3) and (4.8) | ||||||
4 | of this subsection (c), a
minimum of
100 hours of community | ||||||
5 | service shall be imposed for a second violation of
Section | ||||||
6 | 6-303
of the Illinois Vehicle Code.
| ||||||
7 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
8 | hours of community
service, as determined by the court, | ||||||
9 | shall
be imposed for a second violation of subsection (c) | ||||||
10 | of Section 6-303 of the
Illinois Vehicle Code.
| ||||||
11 | (4.4) Except as provided in paragraphs
(4.5), (4.6), | ||||||
12 | and (4.9) of this
subsection (c), a
minimum term of | ||||||
13 | imprisonment of 30 days or 300 hours of community service, | ||||||
14 | as
determined by the court, shall
be imposed
for a third or | ||||||
15 | subsequent violation of Section 6-303 of the Illinois | ||||||
16 | Vehicle
Code.
| ||||||
17 | (4.5) A minimum term of imprisonment of 30 days
shall | ||||||
18 | be imposed for a third violation of subsection (c) of
| ||||||
19 | Section 6-303 of the Illinois Vehicle Code.
| ||||||
20 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
21 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
22 | shall be imposed for a
fourth or subsequent violation of | ||||||
23 | subsection (c) of Section 6-303 of the
Illinois Vehicle | ||||||
24 | Code.
| ||||||
25 | (4.7) A minimum term of imprisonment of not less than | ||||||
26 | 30 consecutive days, or 300 hours of community service, |
| |||||||
| |||||||
1 | shall be imposed for a violation of subsection (a-5) of | ||||||
2 | Section 6-303 of the Illinois Vehicle Code, as provided in | ||||||
3 | subsection (b-5) of that Section.
| ||||||
4 | (4.8) A mandatory prison sentence shall be imposed for | ||||||
5 | a second violation of subsection (a-5) of Section 6-303 of | ||||||
6 | the Illinois Vehicle Code, as provided in subsection (c-5) | ||||||
7 | of that Section. The person's driving privileges shall be | ||||||
8 | revoked for a period of not less than 5 years from the date | ||||||
9 | of his or her release from prison.
| ||||||
10 | (4.9) A mandatory prison sentence of not less than 4 | ||||||
11 | and not more than 15 years shall be imposed for a third | ||||||
12 | violation of subsection (a-5) of Section 6-303 of the | ||||||
13 | Illinois Vehicle Code, as provided in subsection (d-2.5) of | ||||||
14 | that Section. The person's driving privileges shall be | ||||||
15 | revoked for the remainder of his or her life.
| ||||||
16 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
17 | shall be imposed, and the person shall be eligible for an | ||||||
18 | extended term sentence, for a fourth or subsequent | ||||||
19 | violation of subsection (a-5) of Section 6-303 of the | ||||||
20 | Illinois Vehicle Code, as provided in subsection (d-3.5) of | ||||||
21 | that Section. The person's driving privileges shall be | ||||||
22 | revoked for the remainder of his or her life.
| ||||||
23 | (5) The court may sentence a corporation or | ||||||
24 | unincorporated
association convicted of any offense to:
| ||||||
25 | (A) a period of conditional discharge;
| ||||||
26 | (B) a fine;
|
| |||||||
| |||||||
1 | (C) make restitution to the victim under Section | ||||||
2 | 5-5-6 of this Code.
| ||||||
3 | (5.1) In addition to any other penalties imposed, and | ||||||
4 | except as provided in paragraph (5.2) or (5.3), a person
| ||||||
5 | convicted of violating subsection (c) of Section 11-907 of | ||||||
6 | the Illinois
Vehicle Code shall have his or her driver's | ||||||
7 | license, permit, or privileges
suspended for at least 90 | ||||||
8 | days but not more than one year, if the violation
resulted | ||||||
9 | in damage to the property of another person.
| ||||||
10 | (5.2) In addition to any other penalties imposed, and | ||||||
11 | except as provided in paragraph (5.3), a person convicted
| ||||||
12 | of violating subsection (c) of Section 11-907 of the | ||||||
13 | Illinois Vehicle Code
shall have his or her driver's | ||||||
14 | license, permit, or privileges suspended for at
least 180 | ||||||
15 | days but not more than 2 years, if the violation resulted | ||||||
16 | in injury
to
another person.
| ||||||
17 | (5.3) In addition to any other penalties imposed, a | ||||||
18 | person convicted of violating subsection (c) of Section
| ||||||
19 | 11-907 of the Illinois Vehicle Code shall have his or her | ||||||
20 | driver's license,
permit, or privileges suspended for 2 | ||||||
21 | years, if the violation resulted in the
death of another | ||||||
22 | person.
| ||||||
23 | (5.4) In addition to any other penalties imposed, a | ||||||
24 | person convicted of violating Section 3-707 of the Illinois | ||||||
25 | Vehicle Code shall have his or her driver's license, | ||||||
26 | permit, or privileges suspended for 3 months and until he |
| |||||||
| |||||||
1 | or she has paid a reinstatement fee of $100. | ||||||
2 | (5.5) In addition to any other penalties imposed, a | ||||||
3 | person convicted of violating Section 3-707 of the Illinois | ||||||
4 | Vehicle Code during a period in which his or her driver's | ||||||
5 | license, permit, or privileges were suspended for a | ||||||
6 | previous violation of that Section shall have his or her | ||||||
7 | driver's license, permit, or privileges suspended for an | ||||||
8 | additional 6 months after the expiration of the original | ||||||
9 | 3-month suspension and until he or she has paid a | ||||||
10 | reinstatement fee of $100.
| ||||||
11 | (6) (Blank).
| ||||||
12 | (7) (Blank).
| ||||||
13 | (8) (Blank).
| ||||||
14 | (9) A defendant convicted of a second or subsequent | ||||||
15 | offense of ritualized
abuse of a child may be sentenced to | ||||||
16 | a term of natural life imprisonment.
| ||||||
17 | (10) (Blank).
| ||||||
18 | (11) The court shall impose a minimum fine of $1,000 | ||||||
19 | for a first offense
and $2,000 for a second or subsequent | ||||||
20 | offense upon a person convicted of or
placed on supervision | ||||||
21 | for battery when the individual harmed was a sports
| ||||||
22 | official or coach at any level of competition and the act | ||||||
23 | causing harm to the
sports
official or coach occurred | ||||||
24 | within an athletic facility or within the immediate | ||||||
25 | vicinity
of the athletic facility at which the sports | ||||||
26 | official or coach was an active
participant
of the athletic |
| |||||||
| |||||||
1 | contest held at the athletic facility. For the purposes of
| ||||||
2 | this paragraph (11), "sports official" means a person at an | ||||||
3 | athletic contest
who enforces the rules of the contest, | ||||||
4 | such as an umpire or referee; "athletic facility" means an | ||||||
5 | indoor or outdoor playing field or recreational area where | ||||||
6 | sports activities are conducted;
and "coach" means a person | ||||||
7 | recognized as a coach by the sanctioning
authority that | ||||||
8 | conducted the sporting event. | ||||||
9 | (12) A person may not receive a disposition of court | ||||||
10 | supervision for a
violation of Section 5-16 of the Boat | ||||||
11 | Registration and Safety Act if that
person has previously | ||||||
12 | received a disposition of court supervision for a
violation | ||||||
13 | of that Section.
| ||||||
14 | (13) A person convicted of or placed on court | ||||||
15 | supervision for an assault or aggravated assault when the | ||||||
16 | victim and the offender are family or household members as | ||||||
17 | defined in Section 103 of the Illinois Domestic Violence | ||||||
18 | Act of 1986 or convicted of domestic battery or aggravated | ||||||
19 | domestic battery may be required to attend a Partner Abuse | ||||||
20 | Intervention Program under protocols set forth by the | ||||||
21 | Illinois Department of Human Services under such terms and | ||||||
22 | conditions imposed by the court. The costs of such classes | ||||||
23 | shall be paid by the offender.
| ||||||
24 | (d) In any case in which a sentence originally imposed is | ||||||
25 | vacated,
the case shall be remanded to the trial court. The | ||||||
26 | trial court shall
hold a hearing under Section 5-4-1 of the |
| |||||||
| |||||||
1 | Unified Code of Corrections
which may include evidence of the | ||||||
2 | defendant's life, moral character and
occupation during the | ||||||
3 | time since the original sentence was passed. The
trial court | ||||||
4 | shall then impose sentence upon the defendant. The trial
court | ||||||
5 | may impose any sentence which could have been imposed at the
| ||||||
6 | original trial subject to Section 5-5-4 of the Unified Code of | ||||||
7 | Corrections.
If a sentence is vacated on appeal or on | ||||||
8 | collateral attack due to the
failure of the trier of fact at | ||||||
9 | trial to determine beyond a reasonable doubt
the
existence of a | ||||||
10 | fact (other than a prior conviction) necessary to increase the
| ||||||
11 | punishment for the offense beyond the statutory maximum | ||||||
12 | otherwise applicable,
either the defendant may be re-sentenced | ||||||
13 | to a term within the range otherwise
provided or, if the State | ||||||
14 | files notice of its intention to again seek the
extended | ||||||
15 | sentence, the defendant shall be afforded a new trial.
| ||||||
16 | (e) In cases where prosecution for
aggravated criminal | ||||||
17 | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal | ||||||
18 | Code of 1961 results in conviction of a defendant
who was a | ||||||
19 | family member of the victim at the time of the commission of | ||||||
20 | the
offense, the court shall consider the safety and welfare of | ||||||
21 | the victim and
may impose a sentence of probation only where:
| ||||||
22 | (1) the court finds (A) or (B) or both are appropriate:
| ||||||
23 | (A) the defendant is willing to undergo a court | ||||||
24 | approved counseling
program for a minimum duration of 2 | ||||||
25 | years; or
| ||||||
26 | (B) the defendant is willing to participate in a |
| |||||||
| |||||||
1 | court approved plan
including but not limited to the | ||||||
2 | defendant's:
| ||||||
3 | (i) removal from the household;
| ||||||
4 | (ii) restricted contact with the victim;
| ||||||
5 | (iii) continued financial support of the | ||||||
6 | family;
| ||||||
7 | (iv) restitution for harm done to the victim; | ||||||
8 | and
| ||||||
9 | (v) compliance with any other measures that | ||||||
10 | the court may
deem appropriate; and
| ||||||
11 | (2) the court orders the defendant to pay for the | ||||||
12 | victim's counseling
services, to the extent that the court | ||||||
13 | finds, after considering the
defendant's income and | ||||||
14 | assets, that the defendant is financially capable of
paying | ||||||
15 | for such services, if the victim was under 18 years of age | ||||||
16 | at the
time the offense was committed and requires | ||||||
17 | counseling as a result of the
offense.
| ||||||
18 | Probation may be revoked or modified pursuant to Section | ||||||
19 | 5-6-4; except
where the court determines at the hearing that | ||||||
20 | the defendant violated a
condition of his or her probation | ||||||
21 | restricting contact with the victim or
other family members or | ||||||
22 | commits another offense with the victim or other
family | ||||||
23 | members, the court shall revoke the defendant's probation and
| ||||||
24 | impose a term of imprisonment.
| ||||||
25 | For the purposes of this Section, "family member" and | ||||||
26 | "victim" shall have
the meanings ascribed to them in Section |
| |||||||
| |||||||
1 | 11-0.1 of the Criminal Code of
1961.
| ||||||
2 | (f) (Blank).
| ||||||
3 | (g) Whenever a defendant is convicted of an offense under | ||||||
4 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, | ||||||
5 | 11-14.3, 11-14.4 except for an offense that involves keeping a | ||||||
6 | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | ||||||
7 | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, | ||||||
8 | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961,
the | ||||||
9 | defendant shall undergo medical testing to
determine whether | ||||||
10 | the defendant has any sexually transmissible disease,
| ||||||
11 | including a test for infection with human immunodeficiency | ||||||
12 | virus (HIV) or
any other identified causative agent of acquired | ||||||
13 | immunodeficiency syndrome
(AIDS). Any such medical test shall | ||||||
14 | be performed only by appropriately
licensed medical | ||||||
15 | practitioners and may include an analysis of any bodily
fluids | ||||||
16 | as well as an examination of the defendant's person.
Except as | ||||||
17 | otherwise provided by law, the results of such test shall be | ||||||
18 | kept
strictly confidential by all medical personnel involved in | ||||||
19 | the testing and must
be personally delivered in a sealed | ||||||
20 | envelope to the judge of the court in which
the conviction was | ||||||
21 | entered for the judge's inspection in camera. Acting in
| ||||||
22 | accordance with the best interests of the victim and the | ||||||
23 | public, the judge
shall have the discretion to determine to | ||||||
24 | whom, if anyone, the results of the
testing may be revealed. | ||||||
25 | The court shall notify the defendant
of the test results. The | ||||||
26 | court shall
also notify the victim if requested by the victim, |
| |||||||
| |||||||
1 | and if the victim is under
the age of 15 and if requested by the | ||||||
2 | victim's parents or legal guardian, the
court shall notify the | ||||||
3 | victim's parents or legal guardian of the test
results.
The | ||||||
4 | court shall provide information on the availability of HIV | ||||||
5 | testing
and counseling at Department of Public Health | ||||||
6 | facilities to all parties to
whom the results of the testing | ||||||
7 | are revealed and shall direct the State's
Attorney to provide | ||||||
8 | the information to the victim when possible.
A State's Attorney | ||||||
9 | may petition the court to obtain the results of any HIV test
| ||||||
10 | administered under this Section, and the court shall grant the | ||||||
11 | disclosure if
the State's Attorney shows it is relevant in | ||||||
12 | order to prosecute a charge of
criminal transmission of HIV | ||||||
13 | under Section 12-5.01 or 12-16.2 of the Criminal Code of 1961
| ||||||
14 | against the defendant. The court shall order that the cost of | ||||||
15 | any such test
shall be paid by the county and may be taxed as | ||||||
16 | costs against the convicted
defendant.
| ||||||
17 | (g-5) When an inmate is tested for an airborne communicable | ||||||
18 | disease, as
determined by the Illinois Department of Public | ||||||
19 | Health including but not
limited to tuberculosis, the results | ||||||
20 | of the test shall be
personally delivered by the warden or his | ||||||
21 | or her designee in a sealed envelope
to the judge of the court | ||||||
22 | in which the inmate must appear for the judge's
inspection in | ||||||
23 | camera if requested by the judge. Acting in accordance with the
| ||||||
24 | best interests of those in the courtroom, the judge shall have | ||||||
25 | the discretion
to determine what if any precautions need to be | ||||||
26 | taken to prevent transmission
of the disease in the courtroom.
|
| |||||||
| |||||||
1 | (h) Whenever a defendant is convicted of an offense under | ||||||
2 | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||||||
3 | defendant shall undergo
medical testing to determine whether | ||||||
4 | the defendant has been exposed to human
immunodeficiency virus | ||||||
5 | (HIV) or any other identified causative agent of
acquired | ||||||
6 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
7 | by
law, the results of such test shall be kept strictly | ||||||
8 | confidential by all
medical personnel involved in the testing | ||||||
9 | and must be personally delivered in a
sealed envelope to the | ||||||
10 | judge of the court in which the conviction was entered
for the | ||||||
11 | judge's inspection in camera. Acting in accordance with the | ||||||
12 | best
interests of the public, the judge shall have the | ||||||
13 | discretion to determine to
whom, if anyone, the results of the | ||||||
14 | testing may be revealed. The court shall
notify the defendant | ||||||
15 | of a positive test showing an infection with the human
| ||||||
16 | immunodeficiency virus (HIV). The court shall provide | ||||||
17 | information on the
availability of HIV testing and counseling | ||||||
18 | at Department of Public Health
facilities to all parties to | ||||||
19 | whom the results of the testing are revealed and
shall direct | ||||||
20 | the State's Attorney to provide the information to the victim | ||||||
21 | when
possible. A State's Attorney may petition the court to | ||||||
22 | obtain the results of
any HIV test administered under this | ||||||
23 | Section, and the court shall grant the
disclosure if the | ||||||
24 | State's Attorney shows it is relevant in order to prosecute a
| ||||||
25 | charge of criminal transmission of HIV under Section 12-5.01 or | ||||||
26 | 12-16.2 of the Criminal
Code of 1961 against the defendant. The |
| |||||||
| |||||||
1 | court shall order that the cost of any
such test shall be paid | ||||||
2 | by the county and may be taxed as costs against the
convicted | ||||||
3 | defendant.
| ||||||
4 | (i) All fines and penalties imposed under this Section for | ||||||
5 | any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
6 | Vehicle Code, or a similar
provision of a local ordinance, and | ||||||
7 | any violation
of the Child Passenger Protection Act, or a | ||||||
8 | similar provision of a local
ordinance, shall be collected and | ||||||
9 | disbursed by the circuit
clerk as provided under Section 27.5 | ||||||
10 | of the Clerks of Courts Act.
| ||||||
11 | (j) In cases when prosecution for any violation of Section | ||||||
12 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, | ||||||
13 | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||||||
14 | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
15 | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | ||||||
16 | 12-15, or
12-16 of the
Criminal Code of 1961, any violation of | ||||||
17 | the Illinois Controlled Substances Act,
any violation of the | ||||||
18 | Cannabis Control Act, or any violation of the Methamphetamine | ||||||
19 | Control and Community Protection Act results in conviction, a
| ||||||
20 | disposition of court supervision, or an order of probation | ||||||
21 | granted under
Section 10 of the Cannabis Control Act, Section | ||||||
22 | 410 of the Illinois
Controlled Substance Act, or Section 70 of | ||||||
23 | the Methamphetamine Control and Community Protection Act of a | ||||||
24 | defendant, the court shall determine whether the
defendant is | ||||||
25 | employed by a facility or center as defined under the Child | ||||||
26 | Care
Act of 1969, a public or private elementary or secondary |
| |||||||
| |||||||
1 | school, or otherwise
works with children under 18 years of age | ||||||
2 | on a daily basis. When a defendant
is so employed, the court | ||||||
3 | shall order the Clerk of the Court to send a copy of
the | ||||||
4 | judgment of conviction or order of supervision or probation to | ||||||
5 | the
defendant's employer by certified mail.
If the employer of | ||||||
6 | the defendant is a school, the Clerk of the Court shall
direct | ||||||
7 | the mailing of a copy of the judgment of conviction or order of
| ||||||
8 | supervision or probation to the appropriate regional | ||||||
9 | superintendent of schools.
The regional superintendent of | ||||||
10 | schools shall notify the State Board of
Education of any | ||||||
11 | notification under this subsection.
| ||||||
12 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
13 | of a felony and
who has not been previously convicted of a | ||||||
14 | misdemeanor or felony and who is
sentenced to a term of | ||||||
15 | imprisonment in the Illinois Department of Corrections
shall as | ||||||
16 | a condition of his or her sentence be required by the court to | ||||||
17 | attend
educational courses designed to prepare the defendant | ||||||
18 | for a high school diploma
and to work toward a high school | ||||||
19 | diploma or to work toward passing the high
school level Test of | ||||||
20 | General Educational Development (GED) or to work toward
| ||||||
21 | completing a vocational training program offered by the | ||||||
22 | Department of
Corrections. If a defendant fails to complete the | ||||||
23 | educational training
required by his or her sentence during the | ||||||
24 | term of incarceration, the Prisoner
Review Board shall, as a | ||||||
25 | condition of mandatory supervised release, require the
| ||||||
26 | defendant, at his or her own expense, to pursue a course of |
| |||||||
| |||||||
1 | study toward a high
school diploma or passage of the GED test. | ||||||
2 | The Prisoner Review Board shall
revoke the mandatory supervised | ||||||
3 | release of a defendant who wilfully fails to
comply with this | ||||||
4 | subsection (j-5) upon his or her release from confinement in a
| ||||||
5 | penal institution while serving a mandatory supervised release | ||||||
6 | term; however,
the inability of the defendant after making a | ||||||
7 | good faith effort to obtain
financial aid or pay for the | ||||||
8 | educational training shall not be deemed a wilful
failure to | ||||||
9 | comply. The Prisoner Review Board shall recommit the defendant
| ||||||
10 | whose mandatory supervised release term has been revoked under | ||||||
11 | this subsection
(j-5) as provided in Section 3-3-9. This | ||||||
12 | subsection (j-5) does not apply to a
defendant who has a high | ||||||
13 | school diploma or has successfully passed the GED
test. This | ||||||
14 | subsection (j-5) does not apply to a defendant who is | ||||||
15 | determined by
the court to be developmentally disabled or | ||||||
16 | otherwise mentally incapable of
completing the educational or | ||||||
17 | vocational program.
| ||||||
18 | (k) (Blank).
| ||||||
19 | (l) (A) Except as provided
in paragraph (C) of subsection | ||||||
20 | (l), whenever a defendant,
who is an alien as defined by | ||||||
21 | the Immigration and Nationality Act, is convicted
of any | ||||||
22 | felony or misdemeanor offense, the court after sentencing | ||||||
23 | the defendant
may, upon motion of the State's Attorney, | ||||||
24 | hold sentence in abeyance and remand
the defendant to the | ||||||
25 | custody of the Attorney General of
the United States or his | ||||||
26 | or her designated agent to be deported when:
|
| |||||||
| |||||||
1 | (1) a final order of deportation has been issued | ||||||
2 | against the defendant
pursuant to proceedings under | ||||||
3 | the Immigration and Nationality Act, and
| ||||||
4 | (2) the deportation of the defendant would not | ||||||
5 | deprecate the seriousness
of the defendant's conduct | ||||||
6 | and would not be inconsistent with the ends of
justice.
| ||||||
7 | Otherwise, the defendant shall be sentenced as | ||||||
8 | provided in this Chapter V.
| ||||||
9 | (B) If the defendant has already been sentenced for a | ||||||
10 | felony or
misdemeanor
offense, or has been placed on | ||||||
11 | probation under Section 10 of the Cannabis
Control Act,
| ||||||
12 | Section 410 of the Illinois Controlled Substances Act, or | ||||||
13 | Section 70 of the Methamphetamine Control and Community | ||||||
14 | Protection Act, the court
may, upon motion of the State's | ||||||
15 | Attorney to suspend the
sentence imposed, commit the | ||||||
16 | defendant to the custody of the Attorney General
of the | ||||||
17 | United States or his or her designated agent when:
| ||||||
18 | (1) a final order of deportation has been issued | ||||||
19 | against the defendant
pursuant to proceedings under | ||||||
20 | the Immigration and Nationality Act, and
| ||||||
21 | (2) the deportation of the defendant would not | ||||||
22 | deprecate the seriousness
of the defendant's conduct | ||||||
23 | and would not be inconsistent with the ends of
justice.
| ||||||
24 | (C) This subsection (l) does not apply to offenders who | ||||||
25 | are subject to the
provisions of paragraph (2) of | ||||||
26 | subsection (a) of Section 3-6-3.
|
| |||||||
| |||||||
1 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
2 | sentenced under
this Section returns to the jurisdiction of | ||||||
3 | the United States, the defendant
shall be recommitted to | ||||||
4 | the custody of the county from which he or she was
| ||||||
5 | sentenced.
Thereafter, the defendant shall be brought | ||||||
6 | before the sentencing court, which
may impose any sentence | ||||||
7 | that was available under Section 5-5-3 at the time of
| ||||||
8 | initial sentencing. In addition, the defendant shall not be | ||||||
9 | eligible for
additional good conduct credit for | ||||||
10 | meritorious service as provided under
Section 3-6-6.
| ||||||
11 | (m) A person convicted of criminal defacement of property | ||||||
12 | under Section
21-1.3 of the Criminal Code of 1961, in which the | ||||||
13 | property damage exceeds $300
and the property damaged is a | ||||||
14 | school building, shall be ordered to perform
community service | ||||||
15 | that may include cleanup, removal, or painting over the
| ||||||
16 | defacement.
| ||||||
17 | (n) The court may sentence a person convicted of a | ||||||
18 | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or | ||||||
19 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
20 | of 1961 (i) to an impact
incarceration program if the person is | ||||||
21 | otherwise eligible for that program
under Section 5-8-1.1, (ii) | ||||||
22 | to community service, or (iii) if the person is an
addict or | ||||||
23 | alcoholic, as defined in the Alcoholism and Other Drug Abuse | ||||||
24 | and
Dependency Act, to a substance or alcohol abuse program | ||||||
25 | licensed under that
Act. | ||||||
26 | (o) Whenever a person is convicted of a sex offense as |
| |||||||
| |||||||
1 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
2 | defendant's driver's license or permit shall be subject to | ||||||
3 | renewal on an annual basis in accordance with the provisions of | ||||||
4 | license renewal established by the Secretary of State.
| ||||||
5 | (Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; | ||||||
6 | 96-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article | ||||||
7 | 1, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065, | ||||||
8 | eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; | ||||||
9 | 97-159, eff. 7-21-11; revised 9-14-11.)
| ||||||
10 | (730 ILCS 5/5-5-3.2)
| ||||||
11 | Sec. 5-5-3.2. Factors in Aggravation and Extended-Term | ||||||
12 | Sentencing.
| ||||||
13 | (a) The following factors shall be accorded weight in favor | ||||||
14 | of
imposing a term of imprisonment or may be considered by the | ||||||
15 | court as reasons
to impose a more severe sentence under Section | ||||||
16 | 5-8-1 or Article 4.5 of Chapter V:
| ||||||
17 | (1) the defendant's conduct caused or threatened | ||||||
18 | serious harm;
| ||||||
19 | (2) the defendant received compensation for committing | ||||||
20 | the offense;
| ||||||
21 | (3) the defendant has a history of prior delinquency or | ||||||
22 | criminal activity;
| ||||||
23 | (4) the defendant, by the duties of his office or by | ||||||
24 | his position,
was obliged to prevent the particular offense | ||||||
25 | committed or to bring
the offenders committing it to |
| |||||||
| |||||||
1 | justice;
| ||||||
2 | (5) the defendant held public office at the time of the | ||||||
3 | offense,
and the offense related to the conduct of that | ||||||
4 | office;
| ||||||
5 | (6) the defendant utilized his professional reputation | ||||||
6 | or
position in the community to commit the offense, or to | ||||||
7 | afford
him an easier means of committing it;
| ||||||
8 | (7) the sentence is necessary to deter others from | ||||||
9 | committing
the same crime;
| ||||||
10 | (8) the defendant committed the offense against a | ||||||
11 | person 60 years of age
or older or such person's property;
| ||||||
12 | (9) the defendant committed the offense against a | ||||||
13 | person who is
physically handicapped or such person's | ||||||
14 | property;
| ||||||
15 | (10) by reason of another individual's actual or | ||||||
16 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
17 | sexual orientation, physical or mental
disability, or | ||||||
18 | national origin, the defendant committed the offense | ||||||
19 | against (i)
the person or property
of that individual; (ii) | ||||||
20 | the person or property of a person who has an
association | ||||||
21 | with, is married to, or has a friendship with the other | ||||||
22 | individual;
or (iii) the person or property of a relative | ||||||
23 | (by blood or marriage) of a
person described in clause (i) | ||||||
24 | or (ii). For the purposes of this Section,
"sexual | ||||||
25 | orientation" means heterosexuality, homosexuality, or | ||||||
26 | bisexuality;
|
| |||||||
| |||||||
1 | (11) the offense took place in a place of worship or on | ||||||
2 | the
grounds of a place of worship, immediately prior to, | ||||||
3 | during or immediately
following worship services. For | ||||||
4 | purposes of this subparagraph, "place of
worship" shall | ||||||
5 | mean any church, synagogue or other building, structure or
| ||||||
6 | place used primarily for religious worship;
| ||||||
7 | (12) the defendant was convicted of a felony committed | ||||||
8 | while he was
released on bail or his own recognizance | ||||||
9 | pending trial for a prior felony
and was convicted of such | ||||||
10 | prior felony, or the defendant was convicted of a
felony | ||||||
11 | committed while he was serving a period of probation,
| ||||||
12 | conditional discharge, or mandatory supervised release | ||||||
13 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
14 | (13) the defendant committed or attempted to commit a | ||||||
15 | felony while he
was wearing a bulletproof vest. For the | ||||||
16 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
17 | device which is designed for the purpose of
protecting the | ||||||
18 | wearer from bullets, shot or other lethal projectiles;
| ||||||
19 | (14) the defendant held a position of trust or | ||||||
20 | supervision such as, but
not limited to, family member as | ||||||
21 | defined in Section 11-0.1 of the Criminal Code
of 1961, | ||||||
22 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
23 | relation to a victim under 18 years of age, and the | ||||||
24 | defendant committed an
offense in violation of Section | ||||||
25 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
26 | 11-14.4 except for an offense that involves keeping a place |
| |||||||
| |||||||
1 | of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| ||||||
2 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
3 | or 12-16 of the Criminal Code of 1961
against
that victim;
| ||||||
4 | (15) the defendant committed an offense related to the | ||||||
5 | activities of an
organized gang. For the purposes of this | ||||||
6 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
7 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
8 | Act;
| ||||||
9 | (16) the defendant committed an offense in violation of | ||||||
10 | one of the
following Sections while in a school, regardless | ||||||
11 | of the time of day or time of
year; on any conveyance | ||||||
12 | owned, leased, or contracted by a school to transport
| ||||||
13 | students to or from school or a school related activity; on | ||||||
14 | the real property
of a school; or on a public way within | ||||||
15 | 1,000 feet of the real property
comprising any school: | ||||||
16 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
17 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
| ||||||
18 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
19 | 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, | ||||||
20 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
21 | (a)(4) or (g)(1), of the Criminal Code of
1961;
| ||||||
22 | (16.5) the defendant committed an offense in violation | ||||||
23 | of one of the
following Sections while in a day care | ||||||
24 | center, regardless of the time of day or
time of year; on | ||||||
25 | the real property of a day care center, regardless of the | ||||||
26 | time
of day or time of year; or on a public
way within |
| |||||||
| |||||||
1 | 1,000 feet of the real property comprising any day care | ||||||
2 | center,
regardless of the time of day or time of year:
| ||||||
3 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
4 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
5 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
6 | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
7 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
8 | (a)(4) or (g)(1), of the Criminal
Code of 1961;
| ||||||
9 | (17) the defendant committed the offense by reason of | ||||||
10 | any person's
activity as a community policing volunteer or | ||||||
11 | to prevent any person from
engaging in activity as a | ||||||
12 | community policing volunteer. For the purpose of
this | ||||||
13 | Section, "community policing volunteer" has the meaning | ||||||
14 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
15 | 1961;
| ||||||
16 | (18) the defendant committed the offense in a nursing | ||||||
17 | home or on the
real
property comprising a nursing home. For | ||||||
18 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
19 | skilled nursing
or intermediate long term care facility | ||||||
20 | that is subject to license by the
Illinois Department of | ||||||
21 | Public Health under the Nursing Home Care
Act, the | ||||||
22 | Specialized Mental Health Rehabilitation Act, or the ID/DD | ||||||
23 | Community Care Act;
| ||||||
24 | (19) the defendant was a federally licensed firearm | ||||||
25 | dealer
and
was
previously convicted of a violation of | ||||||
26 | subsection (a) of Section 3 of the
Firearm Owners |
| |||||||
| |||||||
1 | Identification Card Act and has now committed either a | ||||||
2 | felony
violation
of the Firearm Owners Identification Card | ||||||
3 | Act or an act of armed violence while
armed
with a firearm; | ||||||
4 | (20) the defendant (i) committed the offense of | ||||||
5 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
6 | 1961 or the offense of driving under the influence of | ||||||
7 | alcohol, other drug or
drugs, intoxicating compound or | ||||||
8 | compounds or any combination thereof under Section 11-501 | ||||||
9 | of the Illinois Vehicle Code or a similar provision of a | ||||||
10 | local ordinance and (ii) was operating a motor vehicle in | ||||||
11 | excess of 20 miles per hour over the posted speed limit as | ||||||
12 | provided in Article VI of Chapter 11 of the Illinois | ||||||
13 | Vehicle Code;
| ||||||
14 | (21) the defendant (i) committed the offense of | ||||||
15 | reckless driving or aggravated reckless driving under | ||||||
16 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
17 | operating a motor vehicle in excess of 20 miles per hour | ||||||
18 | over the posted speed limit as provided in Article VI of | ||||||
19 | Chapter 11 of the Illinois Vehicle Code; | ||||||
20 | (22) the defendant committed the offense against a | ||||||
21 | person that the defendant knew, or reasonably should have | ||||||
22 | known, was a member of the Armed Forces of the United | ||||||
23 | States serving on active duty. For purposes of this clause | ||||||
24 | (22), the term "Armed Forces" means any of the Armed Forces | ||||||
25 | of the United States, including a member of any reserve | ||||||
26 | component thereof or National Guard unit called to active |
| |||||||
| |||||||
1 | duty;
| ||||||
2 | (23)
the defendant committed the offense against a | ||||||
3 | person who was elderly, disabled, or infirm by taking | ||||||
4 | advantage of a family or fiduciary relationship with the | ||||||
5 | elderly, disabled, or infirm person;
| ||||||
6 | (24)
the defendant committed any offense under Section | ||||||
7 | 11-20.1 of the Criminal Code of 1961 and possessed 100 or | ||||||
8 | more images;
| ||||||
9 | (25) the defendant committed the offense while the | ||||||
10 | defendant or the victim was in a train, bus, or other | ||||||
11 | vehicle used for public transportation; | ||||||
12 | (26) the defendant committed the offense of child | ||||||
13 | pornography or aggravated child pornography, specifically | ||||||
14 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
15 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
16 | 1961 where a child engaged in, solicited for, depicted in, | ||||||
17 | or posed in any act of sexual penetration or bound, | ||||||
18 | fettered, or subject to sadistic, masochistic, or | ||||||
19 | sadomasochistic abuse in a sexual context and specifically | ||||||
20 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
21 | subsection (a) of Section 11-20.3 of the Criminal Code of | ||||||
22 | 1961 where a child engaged in, solicited for, depicted in, | ||||||
23 | or posed in any act of sexual penetration or bound, | ||||||
24 | fettered, or subject to sadistic, masochistic, or | ||||||
25 | sadomasochistic abuse in a sexual context; or | ||||||
26 | (27) the defendant committed the offense of first |
| |||||||
| |||||||
1 | degree murder, assault, aggravated assault, battery, | ||||||
2 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
3 | robbery against a person who was a veteran and the | ||||||
4 | defendant knew, or reasonably should have known, that the | ||||||
5 | person was a veteran performing duties as a representative | ||||||
6 | of a veterans' organization. For the purposes of this | ||||||
7 | paragraph (27), "veteran" means an Illinois resident who | ||||||
8 | has served as a member of the United States Armed Forces, a | ||||||
9 | member of the Illinois National Guard, or a member of the | ||||||
10 | United States Reserve Forces; and "veterans' organization" | ||||||
11 | means an organization comprised of members of
which | ||||||
12 | substantially all are individuals who are veterans or | ||||||
13 | spouses,
widows, or widowers of veterans, the primary | ||||||
14 | purpose of which is to
promote the welfare of its members | ||||||
15 | and to provide assistance to the general
public in such a | ||||||
16 | way as to confer a public benefit. | ||||||
17 | For the purposes of this Section:
| ||||||
18 | "School" is defined as a public or private
elementary or | ||||||
19 | secondary school, community college, college, or university.
| ||||||
20 | "Day care center" means a public or private State certified | ||||||
21 | and
licensed day care center as defined in Section 2.09 of the | ||||||
22 | Child Care Act of
1969 that displays a sign in plain view | ||||||
23 | stating that the
property is a day care center.
| ||||||
24 | "Public transportation" means the transportation
or | ||||||
25 | conveyance of persons by means available to the general public, | ||||||
26 | and includes paratransit services. |
| |||||||
| |||||||
1 | (b) The following factors, related to all felonies, may be | ||||||
2 | considered by the court as
reasons to impose an extended term | ||||||
3 | sentence under Section 5-8-2
upon any offender:
| ||||||
4 | (1) When a defendant is convicted of any felony, after | ||||||
5 | having
been previously convicted in Illinois or any other | ||||||
6 | jurisdiction of the
same or similar class felony or greater | ||||||
7 | class felony, when such conviction
has occurred within 10 | ||||||
8 | years after the
previous conviction, excluding time spent | ||||||
9 | in custody, and such charges are
separately brought and | ||||||
10 | tried and arise out of different series of acts; or
| ||||||
11 | (2) When a defendant is convicted of any felony and the | ||||||
12 | court
finds that the offense was accompanied by | ||||||
13 | exceptionally brutal
or heinous behavior indicative of | ||||||
14 | wanton cruelty; or
| ||||||
15 | (3) When a defendant is convicted of any felony | ||||||
16 | committed against:
| ||||||
17 | (i) a person under 12 years of age at the time of | ||||||
18 | the offense or such
person's property;
| ||||||
19 | (ii) a person 60 years of age or older at the time | ||||||
20 | of the offense or
such person's property; or
| ||||||
21 | (iii) a person physically handicapped at the time | ||||||
22 | of the offense or
such person's property; or
| ||||||
23 | (4) When a defendant is convicted of any felony and the | ||||||
24 | offense
involved any of the following types of specific | ||||||
25 | misconduct committed as
part of a ceremony, rite, | ||||||
26 | initiation, observance, performance, practice or
activity |
| |||||||
| |||||||
1 | of any actual or ostensible religious, fraternal, or social | ||||||
2 | group:
| ||||||
3 | (i) the brutalizing or torturing of humans or | ||||||
4 | animals;
| ||||||
5 | (ii) the theft of human corpses;
| ||||||
6 | (iii) the kidnapping of humans;
| ||||||
7 | (iv) the desecration of any cemetery, religious, | ||||||
8 | fraternal, business,
governmental, educational, or | ||||||
9 | other building or property; or
| ||||||
10 | (v) ritualized abuse of a child; or
| ||||||
11 | (5) When a defendant is convicted of a felony other | ||||||
12 | than conspiracy and
the court finds that
the felony was | ||||||
13 | committed under an agreement with 2 or more other persons
| ||||||
14 | to commit that offense and the defendant, with respect to | ||||||
15 | the other
individuals, occupied a position of organizer, | ||||||
16 | supervisor, financier, or any
other position of management | ||||||
17 | or leadership, and the court further finds that
the felony | ||||||
18 | committed was related to or in furtherance of the criminal
| ||||||
19 | activities of an organized gang or was motivated by the | ||||||
20 | defendant's leadership
in an organized gang; or
| ||||||
21 | (6) When a defendant is convicted of an offense | ||||||
22 | committed while using a firearm with a
laser sight attached | ||||||
23 | to it. For purposes of this paragraph, "laser sight"
has | ||||||
24 | the meaning ascribed to it in Section 24.6-5 of the | ||||||
25 | Criminal Code of
1961; or
| ||||||
26 | (7) When a defendant who was at least 17 years of age |
| |||||||
| |||||||
1 | at the
time of
the commission of the offense is convicted | ||||||
2 | of a felony and has been previously
adjudicated a | ||||||
3 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
4 | an act
that if committed by an adult would be a Class X or | ||||||
5 | Class 1 felony when the
conviction has occurred within 10 | ||||||
6 | years after the previous adjudication,
excluding time | ||||||
7 | spent in custody; or
| ||||||
8 | (8) When a defendant commits any felony and the | ||||||
9 | defendant used, possessed, exercised control over, or | ||||||
10 | otherwise directed an animal to assault a law enforcement | ||||||
11 | officer engaged in the execution of his or her official | ||||||
12 | duties or in furtherance of the criminal activities of an | ||||||
13 | organized gang in which the defendant is engaged.
| ||||||
14 | (c) The following factors may be considered by the court as | ||||||
15 | reasons to impose an extended term sentence under Section 5-8-2 | ||||||
16 | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | ||||||
17 | (1) When a defendant is convicted of first degree | ||||||
18 | murder, after having been previously convicted in Illinois | ||||||
19 | of any offense listed under paragraph (c)(2) of Section | ||||||
20 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | ||||||
21 | within 10 years after the previous conviction, excluding | ||||||
22 | time spent in custody, and the charges are separately | ||||||
23 | brought and tried and arise out of different series of | ||||||
24 | acts. | ||||||
25 | (1.5) When a defendant is convicted of first degree | ||||||
26 | murder, after having been previously convicted of domestic |
| |||||||
| |||||||
1 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
2 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
3 | having been previously convicted of violation of an order | ||||||
4 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
5 | was the protected person. | ||||||
6 | (2) When a defendant is convicted of voluntary | ||||||
7 | manslaughter, second degree murder, involuntary | ||||||
8 | manslaughter, or reckless homicide in which the defendant | ||||||
9 | has been convicted of causing the death of more than one | ||||||
10 | individual. | ||||||
11 | (3) When a defendant is convicted of aggravated | ||||||
12 | criminal sexual assault or criminal sexual assault, when | ||||||
13 | there is a finding that aggravated criminal sexual assault | ||||||
14 | or criminal sexual assault was also committed on the same | ||||||
15 | victim by one or more other individuals, and the defendant | ||||||
16 | voluntarily participated in the crime with the knowledge of | ||||||
17 | the participation of the others in the crime, and the | ||||||
18 | commission of the crime was part of a single course of | ||||||
19 | conduct during which there was no substantial change in the | ||||||
20 | nature of the criminal objective. | ||||||
21 | (4) If the victim was under 18 years of age at the time | ||||||
22 | of the commission of the offense, when a defendant is | ||||||
23 | convicted of aggravated criminal sexual assault or | ||||||
24 | predatory criminal sexual assault of a child under | ||||||
25 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
26 | of Section 12-14.1 of the Criminal Code of 1961 (720 ILCS |
| |||||||
| |||||||
1 | 5/11-1.40 or 5/12-14.1). | ||||||
2 | (5) When a defendant is convicted of a felony violation | ||||||
3 | of Section 24-1 of the Criminal Code of 1961 (720 ILCS | ||||||
4 | 5/24-1) and there is a finding that the defendant is a | ||||||
5 | member of an organized gang. | ||||||
6 | (6) When a defendant was convicted of unlawful use of | ||||||
7 | weapons under Section 24-1 of the Criminal Code of 1961 | ||||||
8 | (720 ILCS 5/24-1) for possessing a weapon that is not | ||||||
9 | readily distinguishable as one of the weapons enumerated in | ||||||
10 | Section 24-1 of the Criminal Code of 1961 (720 ILCS | ||||||
11 | 5/24-1). | ||||||
12 | (7) When a defendant is convicted of an offense | ||||||
13 | involving the illegal manufacture of a controlled | ||||||
14 | substance under Section 401 of the Illinois Controlled | ||||||
15 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
16 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
17 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
18 | the illegal possession of explosives and an emergency | ||||||
19 | response officer in the performance of his or her duties is | ||||||
20 | killed or injured at the scene of the offense while | ||||||
21 | responding to the emergency caused by the commission of the | ||||||
22 | offense. In this paragraph, "emergency" means a situation | ||||||
23 | in which a person's life, health, or safety is in jeopardy; | ||||||
24 | and "emergency response officer" means a peace officer, | ||||||
25 | community policing volunteer, fireman, emergency medical | ||||||
26 | technician-ambulance, emergency medical |
| |||||||
| |||||||
1 | technician-intermediate, emergency medical | ||||||
2 | technician-paramedic, ambulance driver, other medical | ||||||
3 | assistance or first aid personnel, or hospital emergency | ||||||
4 | room personnel.
| ||||||
5 | (d) For the purposes of this Section, "organized gang" has | ||||||
6 | the meaning
ascribed to it in Section 10 of the Illinois | ||||||
7 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
8 | (e) The court may impose an extended term sentence under | ||||||
9 | Article 4.5 of Chapter V upon an offender who has been | ||||||
10 | convicted of a felony violation of Section 12-13, 12-14, | ||||||
11 | 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 when the | ||||||
12 | victim of the offense is under 18 years of age at the time of | ||||||
13 | the commission of the offense and, during the commission of the | ||||||
14 | offense, the victim was under the influence of alcohol, | ||||||
15 | regardless of whether or not the alcohol was supplied by the | ||||||
16 | offender; and the offender, at the time of the commission of | ||||||
17 | the offense, knew or should have known that the victim had | ||||||
18 | consumed alcohol. | ||||||
19 | (Source: P.A. 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; 96-328, | ||||||
20 | eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; | ||||||
21 | 96-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390, eff. | ||||||
22 | 1-1-11; 96-1551, Article 1, Section 970, eff. 7-1-11; 96-1551, | ||||||
23 | Article 2, Section 1065, eff. 7-1-11; 97-38, eff. 6-28-11, | ||||||
24 | 97-227, eff. 1-1-12; 97-333, eff. 8-12-11; revised 9-14-11.)
| ||||||
25 | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) |
| |||||||
| |||||||
1 | Sec. 5-6-3. Conditions of Probation and of Conditional | ||||||
2 | Discharge.
| ||||||
3 | (a) The conditions of probation and of conditional | ||||||
4 | discharge shall be
that the person:
| ||||||
5 | (1) not violate any criminal statute of any | ||||||
6 | jurisdiction;
| ||||||
7 | (2) report to or appear in person before such person or | ||||||
8 | agency as
directed by the court;
| ||||||
9 | (3) refrain from possessing a firearm or other | ||||||
10 | dangerous weapon where the offense is a felony or, if a | ||||||
11 | misdemeanor, the offense involved the intentional or | ||||||
12 | knowing infliction of bodily harm or threat of bodily harm;
| ||||||
13 | (4) not leave the State without the consent of the | ||||||
14 | court or, in
circumstances in which the reason for the | ||||||
15 | absence is of such an emergency
nature that prior consent | ||||||
16 | by the court is not possible, without the prior
| ||||||
17 | notification and approval of the person's probation
| ||||||
18 | officer. Transfer of a person's probation or conditional | ||||||
19 | discharge
supervision to another state is subject to | ||||||
20 | acceptance by the other state
pursuant to the Interstate | ||||||
21 | Compact for Adult Offender Supervision;
| ||||||
22 | (5) permit the probation officer to visit
him at his | ||||||
23 | home or elsewhere
to the extent necessary to discharge his | ||||||
24 | duties;
| ||||||
25 | (6) perform no less than 30 hours of community service | ||||||
26 | and not more than
120 hours of community service, if |
| |||||||
| |||||||
1 | community service is available in the
jurisdiction and is | ||||||
2 | funded and approved by the county board where the offense
| ||||||
3 | was committed, where the offense was related to or in | ||||||
4 | furtherance of the
criminal activities of an organized gang | ||||||
5 | and was motivated by the offender's
membership in or | ||||||
6 | allegiance to an organized gang. The community service | ||||||
7 | shall
include, but not be limited to, the cleanup and | ||||||
8 | repair of any damage caused by
a violation of Section | ||||||
9 | 21-1.3 of the Criminal Code of 1961 and similar damage
to | ||||||
10 | property located within the municipality or county in which | ||||||
11 | the violation
occurred. When possible and reasonable, the | ||||||
12 | community service should be
performed in the offender's | ||||||
13 | neighborhood. For purposes of this Section,
"organized | ||||||
14 | gang" has the meaning ascribed to it in Section 10 of the | ||||||
15 | Illinois
Streetgang Terrorism Omnibus Prevention Act;
| ||||||
16 | (7) if he or she is at least 17 years of age and has | ||||||
17 | been sentenced to
probation or conditional discharge for a | ||||||
18 | misdemeanor or felony in a county of
3,000,000 or more | ||||||
19 | inhabitants and has not been previously convicted of a
| ||||||
20 | misdemeanor or felony, may be required by the sentencing | ||||||
21 | court to attend
educational courses designed to prepare the | ||||||
22 | defendant for a high school diploma
and to work toward a | ||||||
23 | high school diploma or to work toward passing the high
| ||||||
24 | school level Test of General Educational Development (GED) | ||||||
25 | or to work toward
completing a vocational training program | ||||||
26 | approved by the court. The person on
probation or |
| |||||||
| |||||||
1 | conditional discharge must attend a public institution of
| ||||||
2 | education to obtain the educational or vocational training | ||||||
3 | required by this
clause (7). The court shall revoke the | ||||||
4 | probation or conditional discharge of a
person who wilfully | ||||||
5 | fails to comply with this clause (7). The person on
| ||||||
6 | probation or conditional discharge shall be required to pay | ||||||
7 | for the cost of the
educational courses or GED test, if a | ||||||
8 | fee is charged for those courses or
test. The court shall | ||||||
9 | resentence the offender whose probation or conditional
| ||||||
10 | discharge has been revoked as provided in Section 5-6-4. | ||||||
11 | This clause (7) does
not apply to a person who has a high | ||||||
12 | school diploma or has successfully passed
the GED test. | ||||||
13 | This clause (7) does not apply to a person who is | ||||||
14 | determined by
the court to be developmentally disabled or | ||||||
15 | otherwise mentally incapable of
completing the educational | ||||||
16 | or vocational program;
| ||||||
17 | (8) if convicted of possession of a substance | ||||||
18 | prohibited
by the Cannabis Control Act, the Illinois | ||||||
19 | Controlled Substances Act, or the Methamphetamine Control | ||||||
20 | and Community Protection Act
after a previous conviction or | ||||||
21 | disposition of supervision for possession of a
substance | ||||||
22 | prohibited by the Cannabis Control Act or Illinois | ||||||
23 | Controlled
Substances Act or after a sentence of probation | ||||||
24 | under Section 10 of the
Cannabis
Control Act, Section 410 | ||||||
25 | of the Illinois Controlled Substances Act, or Section 70 of | ||||||
26 | the Methamphetamine Control and Community Protection Act |
| |||||||
| |||||||
1 | and upon a
finding by the court that the person is | ||||||
2 | addicted, undergo treatment at a
substance abuse program | ||||||
3 | approved by the court;
| ||||||
4 | (8.5) if convicted of a felony sex offense as defined | ||||||
5 | in the Sex
Offender
Management Board Act, the person shall | ||||||
6 | undergo and successfully complete sex
offender treatment | ||||||
7 | by a treatment provider approved by the Board and conducted
| ||||||
8 | in conformance with the standards developed under the Sex
| ||||||
9 | Offender Management Board Act;
| ||||||
10 | (8.6) if convicted of a sex offense as defined in the | ||||||
11 | Sex Offender Management Board Act, refrain from residing at | ||||||
12 | the same address or in the same condominium unit or | ||||||
13 | apartment unit or in the same condominium complex or | ||||||
14 | apartment complex with another person he or she knows or | ||||||
15 | reasonably should know is a convicted sex offender or has | ||||||
16 | been placed on supervision for a sex offense; the | ||||||
17 | provisions of this paragraph do not apply to a person | ||||||
18 | convicted of a sex offense who is placed in a Department of | ||||||
19 | Corrections licensed transitional housing facility for sex | ||||||
20 | offenders; | ||||||
21 | (8.7) if convicted for an offense committed on or after | ||||||
22 | June 1, 2008 (the effective date of Public Act 95-464) that | ||||||
23 | would qualify the accused as a child sex offender as | ||||||
24 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
25 | 1961, refrain from communicating with or contacting, by | ||||||
26 | means of the Internet, a person who is not related to the |
| |||||||
| |||||||
1 | accused and whom the accused reasonably believes to be | ||||||
2 | under 18 years of age; for purposes of this paragraph | ||||||
3 | (8.7), "Internet" has the meaning ascribed to it in Section | ||||||
4 | 16-0.1 of the Criminal Code of 1961; and a person is not | ||||||
5 | related to the accused if the person is not: (i) the | ||||||
6 | spouse, brother, or sister of the accused; (ii) a | ||||||
7 | descendant of the accused; (iii) a first or second cousin | ||||||
8 | of the accused; or (iv) a step-child or adopted child of | ||||||
9 | the accused; | ||||||
10 | (8.8) if convicted for an offense under Section 11-6, | ||||||
11 | 11-9.1, 11-14.4 that involves soliciting for a juvenile | ||||||
12 | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||||||
13 | of the Criminal Code of 1961, or any attempt to commit any | ||||||
14 | of these offenses, committed on or after June 1, 2009 (the | ||||||
15 | effective date of Public Act 95-983): | ||||||
16 | (i) not access or use a computer or any other | ||||||
17 | device with Internet capability without the prior | ||||||
18 | written approval of the offender's probation officer, | ||||||
19 | except in connection with the offender's employment or | ||||||
20 | search for employment with the prior approval of the | ||||||
21 | offender's probation officer; | ||||||
22 | (ii) submit to periodic unannounced examinations | ||||||
23 | of the offender's computer or any other device with | ||||||
24 | Internet capability by the offender's probation | ||||||
25 | officer, a law enforcement officer, or assigned | ||||||
26 | computer or information technology specialist, |
| |||||||
| |||||||
1 | including the retrieval and copying of all data from | ||||||
2 | the computer or device and any internal or external | ||||||
3 | peripherals and removal of such information, | ||||||
4 | equipment, or device to conduct a more thorough | ||||||
5 | inspection; | ||||||
6 | (iii) submit to the installation on the offender's | ||||||
7 | computer or device with Internet capability, at the | ||||||
8 | offender's expense, of one or more hardware or software | ||||||
9 | systems to monitor the Internet use; and | ||||||
10 | (iv) submit to any other appropriate restrictions | ||||||
11 | concerning the offender's use of or access to a | ||||||
12 | computer or any other device with Internet capability | ||||||
13 | imposed by the offender's probation officer; | ||||||
14 | (8.9) if convicted of a sex offense as defined in the | ||||||
15 | Sex Offender
Registration Act committed on or after January | ||||||
16 | 1, 2010 (the effective date of Public Act 96-262), refrain | ||||||
17 | from accessing or using a social networking website as | ||||||
18 | defined in Section 17-0.5 of the Criminal Code of 1961;
| ||||||
19 | (9) if convicted of a felony, physically surrender at a | ||||||
20 | time and place
designated by the court, his or her Firearm
| ||||||
21 | Owner's Identification Card and
any and all firearms in
his | ||||||
22 | or her possession;
| ||||||
23 | (10) if convicted of a sex offense as defined in | ||||||
24 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
25 | offender is a parent or guardian of the person under 18 | ||||||
26 | years of age present in the home and no non-familial minors |
| |||||||
| |||||||
1 | are present, not participate in a holiday event involving | ||||||
2 | children under 18 years of age, such as distributing candy | ||||||
3 | or other items to children on Halloween, wearing a Santa | ||||||
4 | Claus costume on or preceding Christmas, being employed as | ||||||
5 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
6 | costume on or preceding Easter; | ||||||
7 | (11) if convicted of a sex offense as defined in | ||||||
8 | Section 2 of the Sex Offender Registration Act committed on | ||||||
9 | or after January 1, 2010 (the effective date of Public Act | ||||||
10 | 96-362) that requires the person to register as a sex | ||||||
11 | offender under that Act, may not knowingly use any computer | ||||||
12 | scrub software on any computer that the sex offender uses; | ||||||
13 | and | ||||||
14 | (12) if convicted of a violation of the Methamphetamine | ||||||
15 | Control and Community Protection Act, the Methamphetamine
| ||||||
16 | Precursor Control Act, or a methamphetamine related | ||||||
17 | offense: | ||||||
18 | (A) prohibited from purchasing, possessing, or | ||||||
19 | having under his or her control any product containing | ||||||
20 | pseudoephedrine unless prescribed by a physician; and | ||||||
21 | (B) prohibited from purchasing, possessing, or | ||||||
22 | having under his or her control any product containing | ||||||
23 | ammonium nitrate. | ||||||
24 | (b) The Court may in addition to other reasonable | ||||||
25 | conditions relating to the
nature of the offense or the | ||||||
26 | rehabilitation of the defendant as determined for
each |
| |||||||
| |||||||
1 | defendant in the proper discretion of the Court require that | ||||||
2 | the person:
| ||||||
3 | (1) serve a term of periodic imprisonment under Article | ||||||
4 | 7 for a
period not to exceed that specified in paragraph | ||||||
5 | (d) of Section 5-7-1;
| ||||||
6 | (2) pay a fine and costs;
| ||||||
7 | (3) work or pursue a course of study or vocational | ||||||
8 | training;
| ||||||
9 | (4) undergo medical, psychological or psychiatric | ||||||
10 | treatment; or treatment
for drug addiction or alcoholism;
| ||||||
11 | (5) attend or reside in a facility established for the | ||||||
12 | instruction
or residence of defendants on probation;
| ||||||
13 | (6) support his dependents;
| ||||||
14 | (7) and in addition, if a minor:
| ||||||
15 | (i) reside with his parents or in a foster home;
| ||||||
16 | (ii) attend school;
| ||||||
17 | (iii) attend a non-residential program for youth;
| ||||||
18 | (iv) contribute to his own support at home or in a | ||||||
19 | foster home;
| ||||||
20 | (v) with the consent of the superintendent of the
| ||||||
21 | facility, attend an educational program at a facility | ||||||
22 | other than the school
in which the
offense was | ||||||
23 | committed if he
or she is convicted of a crime of | ||||||
24 | violence as
defined in
Section 2 of the Crime Victims | ||||||
25 | Compensation Act committed in a school, on the
real
| ||||||
26 | property
comprising a school, or within 1,000 feet of |
| |||||||
| |||||||
1 | the real property comprising a
school;
| ||||||
2 | (8) make restitution as provided in Section 5-5-6 of | ||||||
3 | this Code;
| ||||||
4 | (9) perform some reasonable public or community | ||||||
5 | service;
| ||||||
6 | (10) serve a term of home confinement. In addition to | ||||||
7 | any other
applicable condition of probation or conditional | ||||||
8 | discharge, the
conditions of home confinement shall be that | ||||||
9 | the offender:
| ||||||
10 | (i) remain within the interior premises of the | ||||||
11 | place designated for
his confinement during the hours | ||||||
12 | designated by the court;
| ||||||
13 | (ii) admit any person or agent designated by the | ||||||
14 | court into the
offender's place of confinement at any | ||||||
15 | time for purposes of verifying
the offender's | ||||||
16 | compliance with the conditions of his confinement; and
| ||||||
17 | (iii) if further deemed necessary by the court or | ||||||
18 | the
Probation or
Court Services Department, be placed | ||||||
19 | on an approved
electronic monitoring device, subject | ||||||
20 | to Article 8A of Chapter V;
| ||||||
21 | (iv) for persons convicted of any alcohol, | ||||||
22 | cannabis or controlled
substance violation who are | ||||||
23 | placed on an approved monitoring device as a
condition | ||||||
24 | of probation or conditional discharge, the court shall | ||||||
25 | impose a
reasonable fee for each day of the use of the | ||||||
26 | device, as established by the
county board in |
| |||||||
| |||||||
1 | subsection (g) of this Section, unless after | ||||||
2 | determining the
inability of the offender to pay the | ||||||
3 | fee, the court assesses a lesser fee or no
fee as the | ||||||
4 | case may be. This fee shall be imposed in addition to | ||||||
5 | the fees
imposed under subsections (g) and (i) of this | ||||||
6 | Section. The fee shall be
collected by the clerk of the | ||||||
7 | circuit court. The clerk of the circuit
court shall pay | ||||||
8 | all monies collected from this fee to the county | ||||||
9 | treasurer
for deposit in the substance abuse services | ||||||
10 | fund under Section 5-1086.1 of
the Counties Code; and
| ||||||
11 | (v) for persons convicted of offenses other than | ||||||
12 | those referenced in
clause (iv) above and who are | ||||||
13 | placed on an approved monitoring device as a
condition | ||||||
14 | of probation or conditional discharge, the court shall | ||||||
15 | impose
a reasonable fee for each day of the use of the | ||||||
16 | device, as established by the
county board in | ||||||
17 | subsection (g) of this Section, unless after | ||||||
18 | determining the
inability of the defendant to pay the | ||||||
19 | fee, the court assesses a lesser fee or
no fee as the | ||||||
20 | case may be. This fee shall be imposed in addition to | ||||||
21 | the fees
imposed under subsections (g) and (i) of this | ||||||
22 | Section. The fee
shall be collected by the clerk of the | ||||||
23 | circuit court. The clerk of the circuit
court shall pay | ||||||
24 | all monies collected from this fee
to the county | ||||||
25 | treasurer who shall use the monies collected to defray | ||||||
26 | the
costs of corrections. The county treasurer shall |
| |||||||
| |||||||
1 | deposit the fee
collected in the probation and court | ||||||
2 | services fund.
| ||||||
3 | (11) comply with the terms and conditions of an order | ||||||
4 | of protection issued
by the court pursuant to the Illinois | ||||||
5 | Domestic Violence Act of 1986,
as now or hereafter amended, | ||||||
6 | or an order of protection issued by the court of
another | ||||||
7 | state, tribe, or United States territory. A copy of the | ||||||
8 | order of
protection shall be
transmitted to the probation | ||||||
9 | officer or agency
having responsibility for the case;
| ||||||
10 | (12) reimburse any "local anti-crime program" as | ||||||
11 | defined in Section 7
of the Anti-Crime Advisory Council Act | ||||||
12 | for any reasonable expenses incurred
by the program on the | ||||||
13 | offender's case, not to exceed the maximum amount of
the | ||||||
14 | fine authorized for the offense for which the defendant was | ||||||
15 | sentenced;
| ||||||
16 | (13) contribute a reasonable sum of money, not to | ||||||
17 | exceed the maximum
amount of the fine authorized for the
| ||||||
18 | offense for which the defendant was sentenced, (i) to a | ||||||
19 | "local anti-crime
program", as defined in Section 7 of the | ||||||
20 | Anti-Crime Advisory Council Act, or (ii) for offenses under | ||||||
21 | the jurisdiction of the Department of Natural Resources, to | ||||||
22 | the fund established by the Department of Natural Resources | ||||||
23 | for the purchase of evidence for investigation purposes and | ||||||
24 | to conduct investigations as outlined in Section 805-105 of | ||||||
25 | the Department of Natural Resources (Conservation) Law;
| ||||||
26 | (14) refrain from entering into a designated |
| |||||||
| |||||||
1 | geographic area except upon
such terms as the court finds | ||||||
2 | appropriate. Such terms may include
consideration of the | ||||||
3 | purpose of the entry, the time of day, other persons
| ||||||
4 | accompanying the defendant, and advance approval by a
| ||||||
5 | probation officer, if
the defendant has been placed on | ||||||
6 | probation or advance approval by the
court, if the | ||||||
7 | defendant was placed on conditional discharge;
| ||||||
8 | (15) refrain from having any contact, directly or | ||||||
9 | indirectly, with
certain specified persons or particular | ||||||
10 | types of persons, including but not
limited to members of | ||||||
11 | street gangs and drug users or dealers;
| ||||||
12 | (16) refrain from having in his or her body the | ||||||
13 | presence of any illicit
drug prohibited by the Cannabis | ||||||
14 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
15 | Methamphetamine Control and Community Protection Act, | ||||||
16 | unless prescribed by a physician, and submit samples of
his | ||||||
17 | or her blood or urine or both for tests to determine the | ||||||
18 | presence of any
illicit drug;
| ||||||
19 | (17) if convicted for an offense committed on or after | ||||||
20 | June 1, 2008 (the effective date of Public Act 95-464) that | ||||||
21 | would qualify the accused as a child sex offender as | ||||||
22 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
23 | 1961, refrain from communicating with or contacting, by | ||||||
24 | means of the Internet, a person who is related to the | ||||||
25 | accused and whom the accused reasonably believes to be | ||||||
26 | under 18 years of age; for purposes of this paragraph (17), |
| |||||||
| |||||||
1 | "Internet" has the meaning ascribed to it in Section 16-0.1 | ||||||
2 | of the Criminal Code of 1961; and a person is related to | ||||||
3 | the accused if the person is: (i) the spouse, brother, or | ||||||
4 | sister of the accused; (ii) a descendant of the accused; | ||||||
5 | (iii) a first or second cousin of the accused; or (iv) a | ||||||
6 | step-child or adopted child of the accused; | ||||||
7 | (18) if convicted for an offense committed on or after | ||||||
8 | June 1, 2009 (the effective date of Public Act 95-983) that | ||||||
9 | would qualify as a sex offense as defined in the Sex | ||||||
10 | Offender Registration Act: | ||||||
11 | (i) not access or use a computer or any other | ||||||
12 | device with Internet capability without the prior | ||||||
13 | written approval of the offender's probation officer, | ||||||
14 | except in connection with the offender's employment or | ||||||
15 | search for employment with the prior approval of the | ||||||
16 | offender's probation officer; | ||||||
17 | (ii) submit to periodic unannounced examinations | ||||||
18 | of the offender's computer or any other device with | ||||||
19 | Internet capability by the offender's probation | ||||||
20 | officer, a law enforcement officer, or assigned | ||||||
21 | computer or information technology specialist, | ||||||
22 | including the retrieval and copying of all data from | ||||||
23 | the computer or device and any internal or external | ||||||
24 | peripherals and removal of such information, | ||||||
25 | equipment, or device to conduct a more thorough | ||||||
26 | inspection; |
| |||||||
| |||||||
1 | (iii) submit to the installation on the offender's | ||||||
2 | computer or device with Internet capability, at the | ||||||
3 | subject's expense, of one or more hardware or software | ||||||
4 | systems to monitor the Internet use; and | ||||||
5 | (iv) submit to any other appropriate restrictions | ||||||
6 | concerning the offender's use of or access to a | ||||||
7 | computer or any other device with Internet capability | ||||||
8 | imposed by the offender's probation officer; and | ||||||
9 | (19) refrain from possessing a firearm or other | ||||||
10 | dangerous weapon where the offense is a misdemeanor that | ||||||
11 | did not involve the intentional or knowing infliction of | ||||||
12 | bodily harm or threat of bodily harm. | ||||||
13 | (c) The court may as a condition of probation or of | ||||||
14 | conditional
discharge require that a person under 18 years of | ||||||
15 | age found guilty of any
alcohol, cannabis or controlled | ||||||
16 | substance violation, refrain from acquiring
a driver's license | ||||||
17 | during
the period of probation or conditional discharge. If | ||||||
18 | such person
is in possession of a permit or license, the court | ||||||
19 | may require that
the minor refrain from driving or operating | ||||||
20 | any motor vehicle during the
period of probation or conditional | ||||||
21 | discharge, except as may be necessary in
the course of the | ||||||
22 | minor's lawful employment.
| ||||||
23 | (d) An offender sentenced to probation or to conditional | ||||||
24 | discharge
shall be given a certificate setting forth the | ||||||
25 | conditions thereof.
| ||||||
26 | (e) Except where the offender has committed a fourth or |
| |||||||
| |||||||
1 | subsequent
violation of subsection (c) of Section 6-303 of the | ||||||
2 | Illinois Vehicle Code,
the court shall not require as a | ||||||
3 | condition of the sentence of
probation or conditional discharge | ||||||
4 | that the offender be committed to a
period of imprisonment in | ||||||
5 | excess of 6 months.
This 6 month limit shall not include | ||||||
6 | periods of confinement given pursuant to
a sentence of county | ||||||
7 | impact incarceration under Section 5-8-1.2.
| ||||||
8 | Persons committed to imprisonment as a condition of | ||||||
9 | probation or
conditional discharge shall not be committed to | ||||||
10 | the Department of
Corrections.
| ||||||
11 | (f) The court may combine a sentence of periodic | ||||||
12 | imprisonment under
Article 7 or a sentence to a county impact | ||||||
13 | incarceration program under
Article 8 with a sentence of | ||||||
14 | probation or conditional discharge.
| ||||||
15 | (g) An offender sentenced to probation or to conditional | ||||||
16 | discharge and
who during the term of either undergoes mandatory | ||||||
17 | drug or alcohol testing,
or both, or is assigned to be placed | ||||||
18 | on an approved electronic monitoring
device, shall be ordered | ||||||
19 | to pay all costs incidental to such mandatory drug
or alcohol | ||||||
20 | testing, or both, and all costs
incidental to such approved | ||||||
21 | electronic monitoring in accordance with the
defendant's | ||||||
22 | ability to pay those costs. The county board with
the | ||||||
23 | concurrence of the Chief Judge of the judicial
circuit in which | ||||||
24 | the county is located shall establish reasonable fees for
the | ||||||
25 | cost of maintenance, testing, and incidental expenses related | ||||||
26 | to the
mandatory drug or alcohol testing, or both, and all |
| |||||||
| |||||||
1 | costs incidental to
approved electronic monitoring, involved | ||||||
2 | in a successful probation program
for the county. The | ||||||
3 | concurrence of the Chief Judge shall be in the form of
an | ||||||
4 | administrative order.
The fees shall be collected by the clerk | ||||||
5 | of the circuit court. The clerk of
the circuit court shall pay | ||||||
6 | all moneys collected from these fees to the county
treasurer | ||||||
7 | who shall use the moneys collected to defray the costs of
drug | ||||||
8 | testing, alcohol testing, and electronic monitoring.
The | ||||||
9 | county treasurer shall deposit the fees collected in the
county | ||||||
10 | working cash fund under Section 6-27001 or Section 6-29002 of | ||||||
11 | the
Counties Code, as the case may be.
| ||||||
12 | (h) Jurisdiction over an offender may be transferred from | ||||||
13 | the
sentencing court to the court of another circuit with the | ||||||
14 | concurrence of
both courts. Further transfers or retransfers of
| ||||||
15 | jurisdiction are also
authorized in the same manner. The court | ||||||
16 | to which jurisdiction has been
transferred shall have the same | ||||||
17 | powers as the sentencing court.
The probation department within | ||||||
18 | the circuit to which jurisdiction has been transferred may | ||||||
19 | impose probation fees upon receiving the transferred offender, | ||||||
20 | as provided in subsection (i). The probation department from | ||||||
21 | the original sentencing court shall retain all probation fees | ||||||
22 | collected prior to the transfer.
| ||||||
23 | (i) The court shall impose upon an offender
sentenced to | ||||||
24 | probation after January 1, 1989 or to conditional discharge
| ||||||
25 | after January 1, 1992 or to community service under the | ||||||
26 | supervision of a
probation or court services department after |
| |||||||
| |||||||
1 | January 1, 2004, as a condition of such probation or | ||||||
2 | conditional
discharge or supervised community service, a fee of | ||||||
3 | $50
for each month of probation or
conditional
discharge | ||||||
4 | supervision or supervised community service ordered by the | ||||||
5 | court, unless after
determining the inability of the person | ||||||
6 | sentenced to probation or conditional
discharge or supervised | ||||||
7 | community service to pay the
fee, the court assesses a lesser | ||||||
8 | fee. The court may not impose the fee on a
minor who is made a | ||||||
9 | ward of the State under the Juvenile Court Act of 1987
while | ||||||
10 | the minor is in placement.
The fee shall be imposed only upon
| ||||||
11 | an offender who is actively supervised by the
probation and | ||||||
12 | court services
department. The fee shall be collected by the | ||||||
13 | clerk
of the circuit court. The clerk of the circuit court | ||||||
14 | shall pay all monies
collected from this fee to the county | ||||||
15 | treasurer for deposit in the
probation and court services fund | ||||||
16 | under Section 15.1 of the
Probation and Probation Officers Act.
| ||||||
17 | A circuit court may not impose a probation fee under this | ||||||
18 | subsection (i) in excess of $25
per month unless the circuit | ||||||
19 | court has adopted, by administrative
order issued by the chief | ||||||
20 | judge, a standard probation fee guide
determining an offender's | ||||||
21 | ability to pay Of the
amount collected as a probation fee, up | ||||||
22 | to $5 of that fee
collected per month may be used to provide | ||||||
23 | services to crime victims
and their families. | ||||||
24 | The Court may only waive probation fees based on an | ||||||
25 | offender's ability to pay. The probation department may | ||||||
26 | re-evaluate an offender's ability to pay every 6 months, and, |
| |||||||
| |||||||
1 | with the approval of the Director of Court Services or the | ||||||
2 | Chief Probation Officer, adjust the monthly fee amount. An | ||||||
3 | offender may elect to pay probation fees due in a lump sum.
Any | ||||||
4 | offender that has been assigned to the supervision of a | ||||||
5 | probation department, or has been transferred either under | ||||||
6 | subsection (h) of this Section or under any interstate compact, | ||||||
7 | shall be required to pay probation fees to the department | ||||||
8 | supervising the offender, based on the offender's ability to | ||||||
9 | pay.
| ||||||
10 | This amendatory Act of the 93rd General Assembly deletes | ||||||
11 | the $10 increase in the fee under this subsection that was | ||||||
12 | imposed by Public Act 93-616. This deletion is intended to | ||||||
13 | control over any other Act of the 93rd General Assembly that | ||||||
14 | retains or incorporates that fee increase. | ||||||
15 | (i-5) In addition to the fees imposed under subsection (i) | ||||||
16 | of this Section, in the case of an offender convicted of a | ||||||
17 | felony sex offense (as defined in the Sex Offender Management | ||||||
18 | Board Act) or an offense that the court or probation department | ||||||
19 | has determined to be sexually motivated (as defined in the Sex | ||||||
20 | Offender Management Board Act), the court or the probation | ||||||
21 | department shall assess additional fees to pay for all costs of | ||||||
22 | treatment, assessment, evaluation for risk and treatment, and | ||||||
23 | monitoring the offender, based on that offender's ability to | ||||||
24 | pay those costs either as they occur or under a payment plan. | ||||||
25 | (j) All fines and costs imposed under this Section for any | ||||||
26 | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle |
| |||||||
| |||||||
1 | Code, or a similar
provision of a local ordinance, and any | ||||||
2 | violation of the Child Passenger
Protection Act, or a similar | ||||||
3 | provision of a local ordinance, shall be
collected and | ||||||
4 | disbursed by the circuit clerk as provided under Section 27.5
| ||||||
5 | of the Clerks of Courts Act.
| ||||||
6 | (k) Any offender who is sentenced to probation or | ||||||
7 | conditional discharge for a felony sex offense as defined in | ||||||
8 | the Sex Offender Management Board Act or any offense that the | ||||||
9 | court or probation department has determined to be sexually | ||||||
10 | motivated as defined in the Sex Offender Management Board Act | ||||||
11 | shall be required to refrain from any contact, directly or | ||||||
12 | indirectly, with any persons specified by the court and shall | ||||||
13 | be available for all evaluations and treatment programs | ||||||
14 | required by the court or the probation department.
| ||||||
15 | (l) The court may order an offender who is sentenced to | ||||||
16 | probation or conditional
discharge for a violation of an order | ||||||
17 | of protection be placed under electronic surveillance as | ||||||
18 | provided in Section 5-8A-7 of this Code. | ||||||
19 | (Source: P.A. 96-262, eff. 1-1-10; 96-328, eff. 8-11-09; | ||||||
20 | 96-362, eff. 1-1-10; 96-695, eff. 8-25-09; 96-1000, eff. | ||||||
21 | 7-2-10; 96-1414, eff. 1-1-11; 96-1551, Article 2, Section 1065, | ||||||
22 | eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11; | ||||||
23 | 97-454, eff. 1-1-12; 97-560, eff. 1-1-12; 97-597, eff. 1-1-12; | ||||||
24 | revised 9-14-11.)
| ||||||
25 | (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
|
| |||||||
| |||||||
1 | Sec. 5-6-3.1. Incidents and Conditions of Supervision.
| ||||||
2 | (a) When a defendant is placed on supervision, the court | ||||||
3 | shall enter
an order for supervision specifying the period of | ||||||
4 | such supervision, and
shall defer further proceedings in the | ||||||
5 | case until the conclusion of the
period.
| ||||||
6 | (b) The period of supervision shall be reasonable under all | ||||||
7 | of the
circumstances of the case, but may not be longer than 2 | ||||||
8 | years, unless the
defendant has failed to pay the assessment | ||||||
9 | required by Section 10.3 of the
Cannabis Control Act,
Section | ||||||
10 | 411.2 of the Illinois Controlled
Substances Act, or Section 80 | ||||||
11 | of the Methamphetamine Control and Community Protection Act, in | ||||||
12 | which case the court may extend supervision beyond 2 years.
| ||||||
13 | Additionally, the court shall order the defendant to perform no | ||||||
14 | less than 30
hours of community service and not more than 120 | ||||||
15 | hours of community service, if
community service is available | ||||||
16 | in the
jurisdiction and is funded and approved by the county | ||||||
17 | board where the offense
was committed,
when the offense (1) was
| ||||||
18 | related to or in furtherance of the criminal activities of an | ||||||
19 | organized gang or
was motivated by the defendant's membership | ||||||
20 | in or allegiance to an organized
gang; or (2) is a violation of | ||||||
21 | any Section of Article 24 of the Criminal
Code of 1961 where a | ||||||
22 | disposition of supervision is not prohibited by Section
5-6-1 | ||||||
23 | of this Code.
The
community service shall include, but not be | ||||||
24 | limited to, the cleanup and repair
of any damage caused by | ||||||
25 | violation of Section 21-1.3 of the Criminal Code of
1961 and | ||||||
26 | similar damages to property located within the municipality or |
| |||||||
| |||||||
1 | county
in which the violation occurred. Where possible and | ||||||
2 | reasonable, the community
service should be performed in the | ||||||
3 | offender's neighborhood.
| ||||||
4 | For the purposes of this
Section, "organized gang" has the | ||||||
5 | meaning ascribed to it in Section 10 of the
Illinois Streetgang | ||||||
6 | Terrorism Omnibus Prevention Act.
| ||||||
7 | (c) The court may in addition to other reasonable | ||||||
8 | conditions
relating to the nature of the offense or the | ||||||
9 | rehabilitation of the
defendant as determined for each | ||||||
10 | defendant in the proper discretion of
the court require that | ||||||
11 | the person:
| ||||||
12 | (1) make a report to and appear in person before or | ||||||
13 | participate with
the court or such courts, person, or | ||||||
14 | social service agency as directed
by the court in the order | ||||||
15 | of supervision;
| ||||||
16 | (2) pay a fine and costs;
| ||||||
17 | (3) work or pursue a course of study or vocational | ||||||
18 | training;
| ||||||
19 | (4) undergo medical, psychological or psychiatric | ||||||
20 | treatment; or
treatment for drug addiction or alcoholism;
| ||||||
21 | (5) attend or reside in a facility established for the | ||||||
22 | instruction
or residence of defendants on probation;
| ||||||
23 | (6) support his dependents;
| ||||||
24 | (7) refrain from possessing a firearm or other | ||||||
25 | dangerous weapon;
| ||||||
26 | (8) and in addition, if a minor:
|
| |||||||
| |||||||
1 | (i) reside with his parents or in a foster home;
| ||||||
2 | (ii) attend school;
| ||||||
3 | (iii) attend a non-residential program for youth;
| ||||||
4 | (iv) contribute to his own support at home or in a | ||||||
5 | foster home; or
| ||||||
6 | (v) with the consent of the superintendent of the
| ||||||
7 | facility, attend an educational program at a facility | ||||||
8 | other than the school
in which the
offense was | ||||||
9 | committed if he
or she is placed on supervision for a | ||||||
10 | crime of violence as
defined in
Section 2 of the Crime | ||||||
11 | Victims Compensation Act committed in a school, on the
| ||||||
12 | real
property
comprising a school, or within 1,000 feet | ||||||
13 | of the real property comprising a
school;
| ||||||
14 | (9) make restitution or reparation in an amount not to | ||||||
15 | exceed actual
loss or damage to property and pecuniary loss | ||||||
16 | or make restitution under Section
5-5-6 to a domestic | ||||||
17 | violence shelter. The court shall
determine the amount and | ||||||
18 | conditions of payment;
| ||||||
19 | (10) perform some reasonable public or community | ||||||
20 | service;
| ||||||
21 | (11) comply with the terms and conditions of an order | ||||||
22 | of protection
issued by the court pursuant to the Illinois | ||||||
23 | Domestic Violence Act of 1986 or
an order of protection | ||||||
24 | issued by the court of another state, tribe, or United
| ||||||
25 | States territory.
If the court has ordered the defendant to | ||||||
26 | make a report and appear in
person under paragraph (1) of |
| |||||||
| |||||||
1 | this subsection, a copy of the order of
protection shall be | ||||||
2 | transmitted to the person or agency so designated
by the | ||||||
3 | court;
| ||||||
4 | (12) reimburse any "local anti-crime program" as | ||||||
5 | defined in Section 7 of
the Anti-Crime Advisory Council Act | ||||||
6 | for any reasonable expenses incurred by the
program on the | ||||||
7 | offender's case, not to exceed the maximum amount of the
| ||||||
8 | fine authorized for the offense for which the defendant was | ||||||
9 | sentenced;
| ||||||
10 | (13) contribute a reasonable sum of money, not to
| ||||||
11 | exceed the maximum amount of the fine authorized for the | ||||||
12 | offense for which
the defendant was sentenced, (i) to a | ||||||
13 | "local anti-crime program", as defined
in Section 7 of the | ||||||
14 | Anti-Crime Advisory Council Act, or (ii) for offenses under | ||||||
15 | the jurisdiction of the Department of Natural Resources, to | ||||||
16 | the fund established by the Department of Natural Resources | ||||||
17 | for the purchase of evidence for investigation purposes and | ||||||
18 | to conduct investigations as outlined in Section 805-105 of | ||||||
19 | the Department of Natural Resources (Conservation) Law;
| ||||||
20 | (14) refrain from entering into a designated | ||||||
21 | geographic area except
upon such terms as the court finds | ||||||
22 | appropriate. Such terms may include
consideration of the | ||||||
23 | purpose of the entry, the time of day, other persons
| ||||||
24 | accompanying the defendant, and advance approval by a | ||||||
25 | probation officer;
| ||||||
26 | (15) refrain from having any contact, directly or |
| |||||||
| |||||||
1 | indirectly, with
certain specified persons or particular | ||||||
2 | types of person, including but not
limited to members of | ||||||
3 | street gangs and drug users or dealers;
| ||||||
4 | (16) refrain from having in his or her body the | ||||||
5 | presence of any illicit
drug prohibited by the Cannabis | ||||||
6 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
7 | Methamphetamine Control and Community Protection Act, | ||||||
8 | unless prescribed by a physician, and submit samples of
his | ||||||
9 | or her blood or urine or both for tests to determine the | ||||||
10 | presence of any
illicit drug;
| ||||||
11 | (17) refrain from operating any motor vehicle not | ||||||
12 | equipped with an
ignition interlock device as defined in | ||||||
13 | Section 1-129.1 of the Illinois
Vehicle Code; under this | ||||||
14 | condition the court may allow a defendant who is not
| ||||||
15 | self-employed to operate a vehicle owned by the defendant's | ||||||
16 | employer that is
not equipped with an ignition interlock | ||||||
17 | device in the course and scope of the
defendant's | ||||||
18 | employment; and
| ||||||
19 | (18) if placed on supervision for a sex offense as | ||||||
20 | defined in subsection (a-5) of Section 3-1-2 of this Code, | ||||||
21 | unless the offender is a parent or guardian of the person | ||||||
22 | under 18 years of age present in the home and no | ||||||
23 | non-familial minors are present, not participate in a | ||||||
24 | holiday event involving
children
under 18 years of age, | ||||||
25 | such as distributing candy or other items to children on
| ||||||
26 | Halloween,
wearing a Santa Claus costume on or preceding |
| |||||||
| |||||||
1 | Christmas, being employed as a
department store Santa | ||||||
2 | Claus, or wearing an Easter Bunny costume on or
preceding
| ||||||
3 | Easter. | ||||||
4 | (d) The court shall defer entering any judgment on the | ||||||
5 | charges
until the conclusion of the supervision.
| ||||||
6 | (e) At the conclusion of the period of supervision, if the | ||||||
7 | court
determines that the defendant has successfully complied | ||||||
8 | with all of the
conditions of supervision, the court shall | ||||||
9 | discharge the defendant and
enter a judgment dismissing the | ||||||
10 | charges.
| ||||||
11 | (f) Discharge and dismissal upon a successful conclusion of | ||||||
12 | a
disposition of supervision shall be deemed without | ||||||
13 | adjudication of guilt
and shall not be termed a conviction for | ||||||
14 | purposes of disqualification or
disabilities imposed by law | ||||||
15 | upon conviction of a crime. Two years after the
discharge and | ||||||
16 | dismissal under this Section, unless the disposition of
| ||||||
17 | supervision was for a violation of Sections 3-707, 3-708, | ||||||
18 | 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | ||||||
19 | similar
provision of a local ordinance, or for a violation of | ||||||
20 | Sections 12-3.2, 16-25,
or 16A-3 of the Criminal Code of 1961, | ||||||
21 | in which case it shall be 5
years after discharge and | ||||||
22 | dismissal, a person may have his record
of arrest sealed or | ||||||
23 | expunged as may be provided by law. However, any
defendant | ||||||
24 | placed on supervision before January 1, 1980, may move for
| ||||||
25 | sealing or expungement of his arrest record, as provided by | ||||||
26 | law, at any
time after discharge and dismissal under this |
| |||||||
| |||||||
1 | Section.
A person placed on supervision for a sexual offense | ||||||
2 | committed against a minor
as defined in clause (a)(1)(L) of | ||||||
3 | Section 5.2 of the Criminal Identification Act
or for a | ||||||
4 | violation of Section 11-501 of the Illinois Vehicle Code or a
| ||||||
5 | similar provision of a local ordinance
shall not have his or | ||||||
6 | her record of arrest sealed or expunged.
| ||||||
7 | (g) A defendant placed on supervision and who during the | ||||||
8 | period of
supervision undergoes mandatory drug or alcohol | ||||||
9 | testing, or both, or is
assigned to be placed on an approved | ||||||
10 | electronic monitoring device, shall be
ordered to pay the costs | ||||||
11 | incidental to such mandatory drug or alcohol
testing, or both, | ||||||
12 | and costs incidental to such approved electronic
monitoring in | ||||||
13 | accordance with the defendant's ability to pay those costs.
The | ||||||
14 | county board with the concurrence of the Chief Judge of the | ||||||
15 | judicial
circuit in which the county is located shall establish | ||||||
16 | reasonable fees for
the cost of maintenance, testing, and | ||||||
17 | incidental expenses related to the
mandatory drug or alcohol | ||||||
18 | testing, or both, and all costs incidental to
approved | ||||||
19 | electronic monitoring, of all defendants placed on | ||||||
20 | supervision.
The concurrence of the Chief Judge shall be in the | ||||||
21 | form of an
administrative order.
The fees shall be collected by | ||||||
22 | the clerk of the circuit court. The clerk of
the circuit court | ||||||
23 | shall pay all moneys collected from these fees to the county
| ||||||
24 | treasurer who shall use the moneys collected to defray the | ||||||
25 | costs of
drug testing, alcohol testing, and electronic | ||||||
26 | monitoring.
The county treasurer shall deposit the fees |
| |||||||
| |||||||
1 | collected in the
county working cash fund under Section 6-27001 | ||||||
2 | or Section 6-29002 of the
Counties Code, as the case may be.
| ||||||
3 | (h) A disposition of supervision is a final order for the | ||||||
4 | purposes
of appeal.
| ||||||
5 | (i) The court shall impose upon a defendant placed on | ||||||
6 | supervision
after January 1, 1992 or to community service under | ||||||
7 | the supervision of a
probation or court services department | ||||||
8 | after January 1, 2004, as a condition
of supervision or | ||||||
9 | supervised community service, a fee of $50 for
each month of | ||||||
10 | supervision or supervised community service ordered by the
| ||||||
11 | court, unless after
determining the inability of the person | ||||||
12 | placed on supervision or supervised
community service to pay | ||||||
13 | the
fee, the court assesses a lesser fee. The court may not | ||||||
14 | impose the fee on a
minor who is made a ward of the State under | ||||||
15 | the Juvenile Court Act of 1987
while the minor is in placement.
| ||||||
16 | The fee shall be imposed only upon a
defendant who is actively | ||||||
17 | supervised by the
probation and court services
department. The | ||||||
18 | fee shall be collected by the clerk of the circuit court.
The | ||||||
19 | clerk of the circuit court shall pay all monies collected from | ||||||
20 | this fee
to the county treasurer for deposit in the probation | ||||||
21 | and court services
fund pursuant to Section 15.1 of the | ||||||
22 | Probation and
Probation Officers Act.
| ||||||
23 | A circuit court may not impose a probation fee in excess of | ||||||
24 | $25
per month unless the circuit court has adopted, by | ||||||
25 | administrative
order issued by the chief judge, a standard | ||||||
26 | probation fee guide
determining an offender's ability to pay. |
| |||||||
| |||||||
1 | Of the
amount collected as a probation fee, not to exceed $5 of | ||||||
2 | that fee
collected per month may be used to provide services to | ||||||
3 | crime victims
and their families. | ||||||
4 | The Court may only waive probation fees based on an | ||||||
5 | offender's ability to pay. The probation department may | ||||||
6 | re-evaluate an offender's ability to pay every 6 months, and, | ||||||
7 | with the approval of the Director of Court Services or the | ||||||
8 | Chief Probation Officer, adjust the monthly fee amount. An | ||||||
9 | offender may elect to pay probation fees due in a lump sum.
Any | ||||||
10 | offender that has been assigned to the supervision of a | ||||||
11 | probation department, or has been transferred either under | ||||||
12 | subsection (h) of this Section or under any interstate compact, | ||||||
13 | shall be required to pay probation fees to the department | ||||||
14 | supervising the offender, based on the offender's ability to | ||||||
15 | pay.
| ||||||
16 | (j) All fines and costs imposed under this Section for any
| ||||||
17 | violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
18 | Code, or a
similar provision of a local ordinance, and any | ||||||
19 | violation of the Child
Passenger Protection Act, or a similar | ||||||
20 | provision of a local ordinance, shall
be collected and | ||||||
21 | disbursed by the circuit clerk as provided under Section
27.5 | ||||||
22 | of the Clerks of Courts Act.
| ||||||
23 | (k) A defendant at least 17 years of age who is placed on | ||||||
24 | supervision
for a misdemeanor in a county of 3,000,000 or more | ||||||
25 | inhabitants
and who has not been previously convicted of a | ||||||
26 | misdemeanor or felony
may as a condition of his or her |
| |||||||
| |||||||
1 | supervision be required by the court to
attend educational | ||||||
2 | courses designed to prepare the defendant for a high school
| ||||||
3 | diploma and to work toward a high school diploma or to work | ||||||
4 | toward passing the
high school level Test of General | ||||||
5 | Educational Development (GED) or to work
toward completing a | ||||||
6 | vocational training program approved by the court. The
| ||||||
7 | defendant placed on supervision must attend a public | ||||||
8 | institution of education
to obtain the educational or | ||||||
9 | vocational training required by this subsection
(k). The | ||||||
10 | defendant placed on supervision shall be required to pay for | ||||||
11 | the cost
of the educational courses or GED test, if a fee is | ||||||
12 | charged for those courses
or test. The court shall revoke the | ||||||
13 | supervision of a person who wilfully fails
to comply with this | ||||||
14 | subsection (k). The court shall resentence the defendant
upon | ||||||
15 | revocation of supervision as provided in Section 5-6-4. This | ||||||
16 | subsection
(k) does not apply to a defendant who has a high | ||||||
17 | school diploma or has
successfully passed the GED test. This | ||||||
18 | subsection (k) does not apply to a
defendant who is determined | ||||||
19 | by the court to be developmentally disabled or
otherwise | ||||||
20 | mentally incapable of completing the
educational or vocational | ||||||
21 | program.
| ||||||
22 | (l) The court shall require a defendant placed on | ||||||
23 | supervision for
possession of a substance
prohibited by the | ||||||
24 | Cannabis Control Act, the Illinois Controlled Substances Act, | ||||||
25 | or the Methamphetamine Control and Community Protection Act
| ||||||
26 | after a previous conviction or disposition of supervision for |
| |||||||
| |||||||
1 | possession of a
substance prohibited by the Cannabis Control | ||||||
2 | Act, the Illinois Controlled
Substances Act, or the | ||||||
3 | Methamphetamine Control and Community Protection Act or a | ||||||
4 | sentence of probation under Section 10 of the Cannabis
Control | ||||||
5 | Act or Section 410 of the Illinois Controlled Substances Act
| ||||||
6 | and after a finding by the court that the person is addicted, | ||||||
7 | to undergo
treatment at a substance abuse program approved by | ||||||
8 | the court.
| ||||||
9 | (m) The Secretary of State shall require anyone placed on | ||||||
10 | court supervision
for a
violation of Section 3-707 of the | ||||||
11 | Illinois Vehicle Code or a similar provision
of a local | ||||||
12 | ordinance
to give proof of his or her financial
responsibility | ||||||
13 | as
defined in Section 7-315 of the Illinois Vehicle Code. The | ||||||
14 | proof shall be
maintained by the individual in a manner | ||||||
15 | satisfactory to the Secretary of State
for
a
minimum period of | ||||||
16 | 3 years after the date the proof is first filed.
The proof | ||||||
17 | shall be limited to a single action per arrest and may not be
| ||||||
18 | affected by any post-sentence disposition. The Secretary of | ||||||
19 | State shall
suspend the driver's license of any person
| ||||||
20 | determined by the Secretary to be in violation of this | ||||||
21 | subsection. | ||||||
22 | (n) Any offender placed on supervision for any offense that | ||||||
23 | the court or probation department has determined to be sexually | ||||||
24 | motivated as defined in the Sex Offender Management Board Act | ||||||
25 | shall be required to refrain from any contact, directly or | ||||||
26 | indirectly, with any persons specified by the court and shall |
| |||||||
| |||||||
1 | be available for all evaluations and treatment programs | ||||||
2 | required by the court or the probation department.
| ||||||
3 | (o) An offender placed on supervision for a sex offense as | ||||||
4 | defined in the Sex Offender
Management Board Act shall refrain | ||||||
5 | from residing at the same address or in the same condominium | ||||||
6 | unit or apartment unit or in the same condominium complex or | ||||||
7 | apartment complex with another person he or she knows or | ||||||
8 | reasonably should know is a convicted sex offender or has been | ||||||
9 | placed on supervision for a sex offense. The provisions of this | ||||||
10 | subsection (o) do not apply to a person convicted of a sex | ||||||
11 | offense who is placed in a Department of Corrections licensed | ||||||
12 | transitional housing facility for sex offenders. | ||||||
13 | (p) An offender placed on supervision for an offense | ||||||
14 | committed on or after June 1, 2008
(the effective date of | ||||||
15 | Public Act 95-464)
that would qualify the accused as a child | ||||||
16 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
17 | Criminal Code of 1961 shall refrain from communicating with or | ||||||
18 | contacting, by means of the Internet, a person who is not | ||||||
19 | related to the accused and whom the accused reasonably believes | ||||||
20 | to be under 18 years of age. For purposes of this subsection | ||||||
21 | (p), "Internet" has the meaning ascribed to it in Section | ||||||
22 | 16-0.1 of the Criminal Code of 1961; and a person is not | ||||||
23 | related to the accused if the person is not: (i) the spouse, | ||||||
24 | brother, or sister of the accused; (ii) a descendant of the | ||||||
25 | accused; (iii) a first or second cousin of the accused; or (iv) | ||||||
26 | a step-child or adopted child of the accused.
|
| |||||||
| |||||||
1 | (q) An offender placed on supervision for an offense | ||||||
2 | committed on or after June 1, 2008
(the effective date of | ||||||
3 | Public Act 95-464)
that would qualify the accused as a child | ||||||
4 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
5 | Criminal Code of 1961 shall, if so ordered by the court, | ||||||
6 | refrain from communicating with or contacting, by means of the | ||||||
7 | Internet, a person who is related to the accused and whom the | ||||||
8 | accused reasonably believes to be under 18 years of age. For | ||||||
9 | purposes of this subsection (q), "Internet" has the meaning | ||||||
10 | ascribed to it in Section 16-0.1 of the Criminal Code of 1961; | ||||||
11 | and a person is related to the accused if the person is: (i) | ||||||
12 | the spouse, brother, or sister of the accused; (ii) a | ||||||
13 | descendant of the accused; (iii) a first or second cousin of | ||||||
14 | the accused; or (iv) a step-child or adopted child of the | ||||||
15 | accused.
| ||||||
16 | (r) An offender placed on supervision for an offense under | ||||||
17 | Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a | ||||||
18 | juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or | ||||||
19 | 11-21 of the Criminal Code of 1961, or any attempt to commit | ||||||
20 | any of these offenses, committed on or after the effective date | ||||||
21 | of this amendatory Act of the 95th General Assembly shall: | ||||||
22 | (i) not access or use a computer or any other device | ||||||
23 | with Internet capability without the prior written | ||||||
24 | approval of the court, except in connection with the | ||||||
25 | offender's employment or search for employment with the | ||||||
26 | prior approval of the court; |
| |||||||
| |||||||
1 | (ii) submit to periodic unannounced examinations of | ||||||
2 | the offender's computer or any other device with Internet | ||||||
3 | capability by the offender's probation officer, a law | ||||||
4 | enforcement officer, or assigned computer or information | ||||||
5 | technology specialist, including the retrieval and copying | ||||||
6 | of all data from the computer or device and any internal or | ||||||
7 | external peripherals and removal of such information, | ||||||
8 | equipment, or device to conduct a more thorough inspection; | ||||||
9 | (iii) submit to the installation on the offender's | ||||||
10 | computer or device with Internet capability, at the | ||||||
11 | offender's expense, of one or more hardware or software | ||||||
12 | systems to monitor the Internet use; and | ||||||
13 | (iv) submit to any other appropriate restrictions | ||||||
14 | concerning the offender's use of or access to a computer or | ||||||
15 | any other device with Internet capability imposed by the | ||||||
16 | court. | ||||||
17 | (s) An offender placed on supervision for an offense that | ||||||
18 | is a sex offense as defined in Section 2 of the Sex Offender | ||||||
19 | Registration Act that is committed on or after January 1, 2010 | ||||||
20 | (the effective date of Public Act 96-362) that requires the | ||||||
21 | person to register as a sex offender under that Act, may not | ||||||
22 | knowingly use any computer scrub software on any computer that | ||||||
23 | the sex offender uses. | ||||||
24 | (t) An offender placed on supervision for a sex offense as | ||||||
25 | defined in the Sex Offender
Registration Act committed on or | ||||||
26 | after January 1, 2010 (the effective date of Public Act 96-262) |
| |||||||
| |||||||
1 | shall refrain from accessing or using a social networking | ||||||
2 | website as defined in Section 17-0.5 of the Criminal Code of | ||||||
3 | 1961. | ||||||
4 | (u) Jurisdiction over an offender may be transferred from | ||||||
5 | the sentencing court to the court of another circuit with the | ||||||
6 | concurrence of both courts. Further transfers or retransfers of | ||||||
7 | jurisdiction are also authorized in the same manner. The court | ||||||
8 | to which jurisdiction has been transferred shall have the same | ||||||
9 | powers as the sentencing court. The probation department within | ||||||
10 | the circuit to which jurisdiction has been transferred may | ||||||
11 | impose probation fees upon receiving the transferred offender, | ||||||
12 | as provided in subsection (i). The probation department from | ||||||
13 | the original sentencing court shall retain all probation fees | ||||||
14 | collected prior to the transfer. | ||||||
15 | (Source: P.A. 96-262, eff. 1-1-10; 96-362, eff. 1-1-10; 96-409, | ||||||
16 | eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1414, eff. 1-1-11; | ||||||
17 | 96-1551, Article 2, Section 1065, eff. 7-1-11; 96-1551, Article | ||||||
18 | 10, Section 10-150, eff. 7-1-11; 97-454, eff. 1-1-12; 97-597, | ||||||
19 | eff. 1-1-12; revised 9-14-11.)
| ||||||
20 | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| ||||||
21 | Sec. 5-8-1. Natural life imprisonment; enhancements for | ||||||
22 | use of a firearm; mandatory supervised release terms.
| ||||||
23 | (a) Except as otherwise provided in the statute defining | ||||||
24 | the offense or in Article 4.5 of Chapter V, a
sentence of | ||||||
25 | imprisonment for a felony shall be a determinate sentence set |
| |||||||
| |||||||
1 | by
the court under this Section, according to the following | ||||||
2 | limitations:
| ||||||
3 | (1) for first degree murder,
| ||||||
4 | (a) (blank),
| ||||||
5 | (b) if a trier of fact finds beyond a reasonable
| ||||||
6 | doubt that the murder was accompanied by exceptionally
| ||||||
7 | brutal or heinous behavior indicative of wanton | ||||||
8 | cruelty or, except as set forth
in subsection (a)(1)(c) | ||||||
9 | of this Section, that any of the aggravating factors
| ||||||
10 | listed in subsection (b) or (b-5) of Section 9-1 of the | ||||||
11 | Criminal Code of 1961 are
present, the court may | ||||||
12 | sentence the defendant to a term of natural life
| ||||||
13 | imprisonment, or
| ||||||
14 | (c) the court shall sentence the defendant to a | ||||||
15 | term of natural life
imprisonment when the death | ||||||
16 | penalty is not imposed if the defendant,
| ||||||
17 | (i) has previously been convicted of first | ||||||
18 | degree murder under
any state or federal law, or
| ||||||
19 | (ii) is a person who, at the time of the | ||||||
20 | commission of the murder,
had attained the age of | ||||||
21 | 17 or more and is found guilty of murdering an
| ||||||
22 | individual under 12 years of age; or, irrespective | ||||||
23 | of the defendant's age at
the time of the | ||||||
24 | commission of the offense, is found guilty of | ||||||
25 | murdering more
than one victim, or
| ||||||
26 | (iii) is found guilty of murdering a peace |
| |||||||
| |||||||
1 | officer, fireman, or emergency management worker | ||||||
2 | when
the peace officer, fireman, or emergency | ||||||
3 | management worker was killed in the course of | ||||||
4 | performing his
official duties, or to prevent the | ||||||
5 | peace officer or fireman from
performing his | ||||||
6 | official duties, or in retaliation for the peace | ||||||
7 | officer,
fireman, or emergency management worker | ||||||
8 | from performing his official duties, and the | ||||||
9 | defendant knew or should
have known that the | ||||||
10 | murdered individual was a peace officer, fireman, | ||||||
11 | or emergency management worker, or
| ||||||
12 | (iv) is found guilty of murdering an employee | ||||||
13 | of an institution or
facility of the Department of | ||||||
14 | Corrections, or any similar local
correctional | ||||||
15 | agency, when the employee was killed in the course | ||||||
16 | of
performing his official duties, or to prevent | ||||||
17 | the employee from performing
his official duties, | ||||||
18 | or in retaliation for the employee performing his
| ||||||
19 | official duties, or
| ||||||
20 | (v) is found guilty of murdering an emergency | ||||||
21 | medical
technician - ambulance, emergency medical | ||||||
22 | technician - intermediate, emergency
medical | ||||||
23 | technician - paramedic, ambulance driver or other | ||||||
24 | medical assistance or
first aid person while | ||||||
25 | employed by a municipality or other governmental | ||||||
26 | unit
when the person was killed in the course of |
| |||||||
| |||||||
1 | performing official duties or
to prevent the | ||||||
2 | person from performing official duties or in | ||||||
3 | retaliation
for performing official duties and the | ||||||
4 | defendant knew or should have known
that the | ||||||
5 | murdered individual was an emergency medical | ||||||
6 | technician - ambulance,
emergency medical | ||||||
7 | technician - intermediate, emergency medical
| ||||||
8 | technician - paramedic, ambulance driver, or other | ||||||
9 | medical
assistant or first aid personnel, or
| ||||||
10 | (vi) is a person who, at the time of the | ||||||
11 | commission of the murder,
had not attained the age | ||||||
12 | of 17, and is found guilty of murdering a person | ||||||
13 | under
12 years of age and the murder is committed | ||||||
14 | during the course of aggravated
criminal sexual | ||||||
15 | assault, criminal sexual assault, or aggravated | ||||||
16 | kidnaping,
or
| ||||||
17 | (vii) is found guilty of first degree murder | ||||||
18 | and the murder was
committed by reason of any | ||||||
19 | person's activity as a community policing | ||||||
20 | volunteer
or to prevent any person from engaging in | ||||||
21 | activity as a community policing
volunteer. For | ||||||
22 | the purpose of this Section, "community policing | ||||||
23 | volunteer"
has the meaning ascribed to it in | ||||||
24 | Section 2-3.5 of the Criminal Code of 1961.
| ||||||
25 | For purposes of clause (v), "emergency medical | ||||||
26 | technician - ambulance",
"emergency medical technician - |
| |||||||
| |||||||
1 | intermediate", "emergency medical technician -
| ||||||
2 | paramedic", have the meanings ascribed to them in the | ||||||
3 | Emergency Medical
Services (EMS) Systems Act.
| ||||||
4 | (d) (i) if the person committed the offense while | ||||||
5 | armed with a
firearm, 15 years shall be added to | ||||||
6 | the term of imprisonment imposed by the
court;
| ||||||
7 | (ii) if, during the commission of the offense, | ||||||
8 | the person
personally discharged a firearm, 20 | ||||||
9 | years shall be added to the term of
imprisonment | ||||||
10 | imposed by the court;
| ||||||
11 | (iii) if, during the commission of the | ||||||
12 | offense, the person
personally discharged a | ||||||
13 | firearm that proximately caused great bodily harm,
| ||||||
14 | permanent disability, permanent disfigurement, or | ||||||
15 | death to another person, 25
years or up to a term | ||||||
16 | of natural life shall be added to the term of
| ||||||
17 | imprisonment imposed by the court.
| ||||||
18 | (2) (blank);
| ||||||
19 | (2.5) for a person convicted under the circumstances | ||||||
20 | described in subdivision (b)(1)(B) of Section 11-1.20 or
| ||||||
21 | paragraph (3) of subsection (b) of Section 12-13, | ||||||
22 | subdivision (d)(2) of Section 11-1.30 or paragraph (2) of | ||||||
23 | subsection
(d) of Section 12-14, subdivision (b)(1.2) of | ||||||
24 | Section 11-1.40 or paragraph (1.2) of subsection (b) of
| ||||||
25 | Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or | ||||||
26 | paragraph (2) of subsection (b) of Section 12-14.1
of the |
| |||||||
| |||||||
1 | Criminal Code of 1961, the sentence shall be a term of | ||||||
2 | natural life
imprisonment.
| ||||||
3 | (b) (Blank).
| ||||||
4 | (c) (Blank).
| ||||||
5 | (d) Subject to
earlier termination under Section 3-3-8, the | ||||||
6 | parole or mandatory
supervised release term shall be written as | ||||||
7 | part of the sentencing order and shall be as follows:
| ||||||
8 | (1) for first degree murder or a Class X felony except | ||||||
9 | for the offenses of predatory criminal sexual assault of a | ||||||
10 | child, aggravated criminal sexual assault, and criminal | ||||||
11 | sexual assault if committed on or after the effective date | ||||||
12 | of this amendatory Act of the 94th General Assembly and | ||||||
13 | except for the offense of aggravated child pornography | ||||||
14 | under Section 11-20.1B or 11-20.3 of the Criminal Code of | ||||||
15 | 1961, if committed on or after January 1, 2009, 3 years;
| ||||||
16 | (2) for a Class 1 felony or a Class 2 felony except for | ||||||
17 | the offense of criminal sexual assault if committed on or | ||||||
18 | after the effective date of this amendatory Act of the 94th | ||||||
19 | General Assembly and except for the offenses of manufacture | ||||||
20 | and dissemination of child pornography under clauses | ||||||
21 | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | ||||||
22 | of 1961, if committed on or after January 1, 2009, 2 years;
| ||||||
23 | (3) for a Class 3 felony or a Class 4 felony, 1 year;
| ||||||
24 | (4) for defendants who commit the offense of predatory | ||||||
25 | criminal sexual assault of a child, aggravated criminal | ||||||
26 | sexual assault, or criminal sexual assault, on or after the |
| |||||||
| |||||||
1 | effective date of this amendatory Act of the 94th General | ||||||
2 | Assembly, or who commit the offense of aggravated child | ||||||
3 | pornography, manufacture of child pornography, or | ||||||
4 | dissemination of child pornography after January 1, 2009, | ||||||
5 | the term of mandatory supervised release shall range from a | ||||||
6 | minimum of 3 years to a maximum of the natural life of the | ||||||
7 | defendant;
| ||||||
8 | (5) if the victim is under 18 years of age, for a | ||||||
9 | second or subsequent
offense of aggravated criminal sexual | ||||||
10 | abuse or felony criminal sexual abuse,
4 years, at least | ||||||
11 | the first 2 years of which the defendant shall serve in an
| ||||||
12 | electronic home detention program under Article 8A of | ||||||
13 | Chapter V of this Code;
| ||||||
14 | (6) for a felony domestic battery, aggravated domestic | ||||||
15 | battery, stalking, aggravated stalking, and a felony | ||||||
16 | violation of an order of protection, 4 years. | ||||||
17 | (e) (Blank).
| ||||||
18 | (f) (Blank).
| ||||||
19 | (Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10; | ||||||
20 | 96-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff. | ||||||
21 | 7-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; revised | ||||||
22 | 9-14-11.)
| ||||||
23 | (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
| ||||||
24 | Sec. 5-8-4. Concurrent and consecutive terms of | ||||||
25 | imprisonment.
|
| |||||||
| |||||||
1 | (a) Concurrent terms; multiple or additional sentences. | ||||||
2 | When an Illinois court (i) imposes multiple sentences of | ||||||
3 | imprisonment on a defendant at the same time or (ii) imposes a | ||||||
4 | sentence of imprisonment on a defendant who is already subject | ||||||
5 | to a sentence of imprisonment imposed by an Illinois court, a | ||||||
6 | court of another state, or a federal court, then the sentences | ||||||
7 | shall run concurrently unless otherwise determined by the | ||||||
8 | Illinois court under this Section. | ||||||
9 | (b) Concurrent terms; misdemeanor and felony. A defendant | ||||||
10 | serving a sentence for a
misdemeanor who is convicted of a | ||||||
11 | felony and sentenced to imprisonment shall be transferred to | ||||||
12 | the Department of Corrections, and the misdemeanor sentence | ||||||
13 | shall be merged in and run concurrently with the felony | ||||||
14 | sentence. | ||||||
15 | (c) Consecutive terms; permissive. The court may impose | ||||||
16 | consecutive sentences in any of the following circumstances: | ||||||
17 | (1) If, having regard to the nature and circumstances | ||||||
18 | of the offense and the history
and character of the | ||||||
19 | defendant, it is the opinion of the court that consecutive | ||||||
20 | sentences are
required to protect the public from further | ||||||
21 | criminal conduct by the defendant, the basis for which the | ||||||
22 | court shall set forth in the record. | ||||||
23 | (2) If one of the offenses for which a defendant was | ||||||
24 | convicted was a violation of
Section 32-5.2 (aggravated | ||||||
25 | false personation of a peace officer) of the Criminal Code | ||||||
26 | of 1961
(720 ILCS 5/32-5.2) or a violation of subdivision |
| |||||||
| |||||||
1 | (b)(5) or (b)(6) of Section 17-2 of that Code (720 ILCS | ||||||
2 | 5/17-2) and the offense was committed in attempting or | ||||||
3 | committing a forcible felony.
| ||||||
4 | (d) Consecutive terms; mandatory. The court shall impose | ||||||
5 | consecutive sentences in each of the following circumstances: | ||||||
6 | (1) One of the offenses for which the defendant was | ||||||
7 | convicted was first degree
murder or a Class X or Class 1 | ||||||
8 | felony and the defendant inflicted severe bodily injury. | ||||||
9 | (2) The defendant was convicted of a violation of | ||||||
10 | Section 11-20.1 (child pornography), 11-20.1B or 11-20.3 | ||||||
11 | (aggravated child pornography), 11-1.20 or 12-13 (criminal | ||||||
12 | sexual
assault), 11-1.30 or 12-14 (aggravated criminal | ||||||
13 | sexual assault), or 11-1.40 or 12-14.1 (predatory criminal | ||||||
14 | sexual assault of a child) of the Criminal Code of 1961 | ||||||
15 | (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3, 5/11-1.20, | ||||||
16 | 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or 5/12-14.1). | ||||||
17 | (3) The defendant was convicted of armed violence based | ||||||
18 | upon the predicate
offense of any of the following: | ||||||
19 | solicitation of murder, solicitation of murder for hire, | ||||||
20 | heinous battery as described in Section 12-4.1 or | ||||||
21 | subdivision (a)(2) of Section 12-3.05, aggravated battery | ||||||
22 | of a senior citizen as described in Section 12-4.6 or | ||||||
23 | subdivision (a)(4) of Section 12-3.05, criminal sexual | ||||||
24 | assault, a violation of subsection (g) of Section 5 of the | ||||||
25 | Cannabis Control Act (720 ILCS 550/5), cannabis | ||||||
26 | trafficking, a violation of subsection (a) of Section 401 |
| |||||||
| |||||||
1 | of the Illinois Controlled Substances Act (720 ILCS | ||||||
2 | 570/401), controlled substance trafficking involving a | ||||||
3 | Class X felony amount of controlled substance under Section | ||||||
4 | 401 of the Illinois Controlled Substances Act (720 ILCS | ||||||
5 | 570/401), a violation of the Methamphetamine Control and | ||||||
6 | Community Protection Act (720 ILCS 646/), calculated | ||||||
7 | criminal drug conspiracy, or streetgang criminal drug | ||||||
8 | conspiracy. | ||||||
9 | (4) The defendant was convicted of the offense of | ||||||
10 | leaving the scene of a motor
vehicle accident involving | ||||||
11 | death or personal injuries under Section 11-401 of the | ||||||
12 | Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A) | ||||||
13 | aggravated driving under the influence of alcohol, other | ||||||
14 | drug or drugs, or intoxicating compound or compounds, or | ||||||
15 | any combination thereof under Section 11-501 of the | ||||||
16 | Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless | ||||||
17 | homicide under Section 9-3 of the Criminal Code of 1961 | ||||||
18 | (720 ILCS 5/9-3), or (C) both an offense described in item | ||||||
19 | (A) and an offense described in item (B). | ||||||
20 | (5) The defendant was convicted of a violation of | ||||||
21 | Section 9-3.1 (concealment of homicidal death) or Section | ||||||
22 | 12-20.5 (dismembering a human body) of the Criminal Code of | ||||||
23 | 1961 (720 ILCS 5/9-3.1 or 5/12-20.5). | ||||||
24 | (5.5) The defendant was convicted of a violation of | ||||||
25 | Section 24-3.7 (use of a stolen firearm in the commission | ||||||
26 | of an offense) of the Criminal Code of 1961. |
| |||||||
| |||||||
1 | (6) If the defendant was in the custody of the | ||||||
2 | Department of Corrections at the
time of the commission of | ||||||
3 | the offense, the sentence shall be served consecutive to | ||||||
4 | the sentence under which the defendant is held by the | ||||||
5 | Department of Corrections. If, however, the defendant is | ||||||
6 | sentenced to punishment by death, the sentence shall be | ||||||
7 | executed at such time as the court may fix without regard | ||||||
8 | to the sentence under which the defendant may be held by | ||||||
9 | the Department. | ||||||
10 | (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4) | ||||||
11 | for escape or attempted escape shall be served
consecutive | ||||||
12 | to the terms under which the offender is held by the | ||||||
13 | Department of Corrections. | ||||||
14 | (8) If a person charged with a felony commits a | ||||||
15 | separate felony while on pretrial
release or in pretrial | ||||||
16 | detention in a county jail facility or county detention | ||||||
17 | facility, then the sentences imposed upon conviction of | ||||||
18 | these felonies shall be served consecutively regardless of | ||||||
19 | the order in which the judgments of conviction are entered. | ||||||
20 | (8.5) If a person commits a battery against a county | ||||||
21 | correctional officer or sheriff's employee while serving a | ||||||
22 | sentence or in pretrial detention in a county jail | ||||||
23 | facility, then the sentence imposed upon conviction of the | ||||||
24 | battery shall be served consecutively with the sentence | ||||||
25 | imposed upon conviction of the earlier misdemeanor or | ||||||
26 | felony, regardless of the order in which the
judgments of |
| |||||||
| |||||||
1 | conviction are entered. | ||||||
2 | (9) If a person admitted to bail following conviction | ||||||
3 | of a felony commits a
separate felony while free on bond or | ||||||
4 | if a person detained in a county jail facility or county | ||||||
5 | detention facility following conviction of a felony | ||||||
6 | commits a separate felony while in detention, then any | ||||||
7 | sentence following conviction of the separate felony shall | ||||||
8 | be consecutive to that of the original sentence for which | ||||||
9 | the defendant was on bond or detained.
| ||||||
10 | (10) If a person is found to be in possession of an | ||||||
11 | item of contraband, as defined in clause (c)(2) of Section | ||||||
12 | 31A-1.1 of the Criminal Code of 1961, while serving a | ||||||
13 | sentence in a county jail or while in pre-trial detention | ||||||
14 | in a county jail, the sentence imposed upon conviction for | ||||||
15 | the offense of possessing contraband in a penal institution | ||||||
16 | shall be served consecutively to the sentence imposed for | ||||||
17 | the offense in which the person is serving sentence in the | ||||||
18 | county jail or serving pretrial detention, regardless of | ||||||
19 | the order in which the judgments of conviction are entered. | ||||||
20 | (11) If a person is sentenced for a violation of bail | ||||||
21 | bond under Section 32-10 of the Criminal Code of 1961, any | ||||||
22 | sentence imposed for that violation shall be served
| ||||||
23 | consecutive to the sentence imposed for the charge for | ||||||
24 | which bail had been
granted and with respect to which the | ||||||
25 | defendant has been convicted. | ||||||
26 | (e) Consecutive terms; subsequent non-Illinois term. If an |
| |||||||
| |||||||
1 | Illinois court has imposed a
sentence of imprisonment on a | ||||||
2 | defendant and the defendant is subsequently sentenced to a term | ||||||
3 | of imprisonment by a court of another state or a federal court, | ||||||
4 | then the Illinois sentence shall run consecutively to the | ||||||
5 | sentence imposed by the court of the other state or the federal | ||||||
6 | court. That same Illinois court, however, may order that the | ||||||
7 | Illinois sentence run concurrently with the sentence imposed by | ||||||
8 | the court of the other state or the federal court, but only if | ||||||
9 | the defendant applies to that same Illinois court within 30 | ||||||
10 | days after the sentence imposed by the court of the other state | ||||||
11 | or the federal court is finalized. | ||||||
12 | (f) Consecutive terms; aggregate maximums and minimums. | ||||||
13 | The aggregate maximum
and aggregate minimum of consecutive | ||||||
14 | sentences shall be determined as follows: | ||||||
15 | (1) For sentences imposed under law in effect prior to | ||||||
16 | February 1, 1978, the
aggregate maximum of consecutive | ||||||
17 | sentences shall not exceed the maximum term authorized | ||||||
18 | under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of | ||||||
19 | Chapter V for the 2 most serious felonies involved. The | ||||||
20 | aggregate minimum period of consecutive sentences shall | ||||||
21 | not exceed the highest minimum term authorized under | ||||||
22 | Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter | ||||||
23 | V for the 2 most serious felonies involved. When sentenced | ||||||
24 | only for misdemeanors, a defendant shall not be | ||||||
25 | consecutively sentenced to more than the maximum for one | ||||||
26 | Class A misdemeanor. |
| |||||||
| |||||||
1 | (2) For sentences imposed under the law in effect on or | ||||||
2 | after February 1, 1978,
the aggregate of consecutive | ||||||
3 | sentences for offenses that were committed as part of a | ||||||
4 | single
course of conduct during which there was no | ||||||
5 | substantial change in the nature of the criminal objective | ||||||
6 | shall not exceed the sum of the maximum terms authorized | ||||||
7 | under Article 4.5 of Chapter V for the 2 most serious | ||||||
8 | felonies involved, but no such limitation shall apply for | ||||||
9 | offenses that were not committed as part of a single course | ||||||
10 | of conduct during which there was no substantial change in | ||||||
11 | the nature of the criminal objective. When sentenced only | ||||||
12 | for misdemeanors, a defendant shall not be consecutively | ||||||
13 | sentenced to more than the maximum for one Class A | ||||||
14 | misdemeanor.
| ||||||
15 | (g) Consecutive terms; manner served. In determining the | ||||||
16 | manner in which consecutive sentences of imprisonment, one or | ||||||
17 | more of which is for a felony, will be served, the Department | ||||||
18 | of Corrections shall treat the defendant as though he or she | ||||||
19 | had been committed for a single term subject to each of the | ||||||
20 | following: | ||||||
21 | (1) The maximum period of a term of imprisonment shall | ||||||
22 | consist of the aggregate
of the maximums of the imposed | ||||||
23 | indeterminate terms, if any, plus the aggregate of the | ||||||
24 | imposed determinate sentences for felonies, plus the | ||||||
25 | aggregate of the imposed determinate sentences for | ||||||
26 | misdemeanors, subject to subsection (f) of this Section. |
| |||||||
| |||||||
1 | (2) The parole or mandatory supervised release term | ||||||
2 | shall be as provided in
paragraph (e) of Section 5-4.5-50 | ||||||
3 | (730 ILCS 5/5-4.5-50) for the most serious of the offenses | ||||||
4 | involved. | ||||||
5 | (3) The minimum period of imprisonment shall be the | ||||||
6 | aggregate of the minimum
and determinate periods of | ||||||
7 | imprisonment imposed by the court, subject to subsection | ||||||
8 | (f) of this Section. | ||||||
9 | (4) The defendant shall be awarded credit against the | ||||||
10 | aggregate maximum term
and the aggregate minimum term of | ||||||
11 | imprisonment for all time served in an institution since | ||||||
12 | the commission of the offense or offenses and as a | ||||||
13 | consequence thereof at the rate specified in
Section 3-6-3 | ||||||
14 | (730 ILCS 5/3-6-3).
| ||||||
15 | (Source: P.A. 96-190, eff. 1-1-10; 96-1000, eff. 7-2-10; | ||||||
16 | 96-1200, eff. 7-22-10; 96-1551, Article 1, Section 970, eff. | ||||||
17 | 7-1-11; 96-1551, Article 2, Section 1065, eff. 7-1-11; 96-1551, | ||||||
18 | Article 10, Section 10-150, eff. 7-1-11; 97-475, eff. 8-22-11; | ||||||
19 | revised 9-14-11.)
| ||||||
20 | (730 ILCS 5/5-9-1.7) (from Ch. 38, par. 1005-9-1.7)
| ||||||
21 | Sec. 5-9-1.7. Sexual assault fines.
| ||||||
22 | (a) Definitions. The terms used in this Section shall have | ||||||
23 | the following
meanings ascribed to them:
| ||||||
24 | (1) "Sexual assault" means the commission or attempted | ||||||
25 | commission of
the following: sexual exploitation of a |
| |||||||
| |||||||
1 | child, criminal sexual assault, predatory criminal sexual | ||||||
2 | assault of
a child, aggravated criminal sexual assault,
| ||||||
3 | criminal sexual abuse, aggravated criminal sexual abuse, | ||||||
4 | indecent
solicitation of a child, public indecency, sexual | ||||||
5 | relations within
families, promoting juvenile | ||||||
6 | prostitution, soliciting for a juvenile prostitute, | ||||||
7 | keeping a place of juvenile
prostitution, patronizing a | ||||||
8 | juvenile prostitute, juvenile pimping,
exploitation of a | ||||||
9 | child, obscenity, child pornography,
aggravated child | ||||||
10 | pornography, harmful material,
or ritualized abuse of a | ||||||
11 | child, as those offenses are defined in the Criminal Code | ||||||
12 | of 1961.
| ||||||
13 | (2) "Family member" shall have the meaning ascribed to | ||||||
14 | it in Section 11-0.1
12-12 of the Criminal Code of 1961.
| ||||||
15 | (3) "Sexual assault organization" means any | ||||||
16 | not-for-profit organization
providing comprehensive, | ||||||
17 | community-based services to victims of sexual assault.
| ||||||
18 | "Community-based services" include, but are not limited | ||||||
19 | to, direct crisis
intervention through a 24-hour response, | ||||||
20 | medical and legal advocacy,
counseling, information and | ||||||
21 | referral services, training, and community
education.
| ||||||
22 | (b) Sexual assault fine; collection by clerk.
| ||||||
23 | (1) In addition to any other penalty imposed, a fine of | ||||||
24 | $200 shall be
imposed upon any person who pleads guilty or | ||||||
25 | who is convicted of, or who
receives a disposition of court | ||||||
26 | supervision for, a sexual assault or attempt
of a sexual |
| |||||||
| |||||||
1 | assault. Upon request of the victim or the victim's
| ||||||
2 | representative, the court shall determine whether the fine | ||||||
3 | will impose an
undue burden on the victim of the offense. | ||||||
4 | For purposes of this paragraph,
the defendant may not be | ||||||
5 | considered the victim's representative. If the
court finds | ||||||
6 | that the fine would impose an undue burden on the victim, | ||||||
7 | the
court may reduce or waive the fine. The court shall | ||||||
8 | order that the
defendant may not use funds belonging solely | ||||||
9 | to the victim of the offense
for payment of the fine.
| ||||||
10 | (2) Sexual assault fines shall be assessed by the court | ||||||
11 | imposing the
sentence and shall be collected by the circuit | ||||||
12 | clerk. The circuit clerk
shall retain 10% of the penalty to | ||||||
13 | cover the costs involved in
administering and enforcing | ||||||
14 | this Section. The circuit clerk shall remit
the remainder | ||||||
15 | of each fine within one month of its receipt to the State
| ||||||
16 | Treasurer for deposit as follows:
| ||||||
17 | (i) for family member offenders, one-half to the | ||||||
18 | Sexual Assault
Services Fund, and one-half to the | ||||||
19 | Domestic Violence Shelter and Service
Fund; and
| ||||||
20 | (ii) for other than family member offenders, the | ||||||
21 | full amount to the
Sexual Assault Services Fund.
| ||||||
22 | (c) Sexual Assault Services Fund; administration. There is | ||||||
23 | created a
Sexual Assault Services Fund. Moneys deposited into | ||||||
24 | the Fund under this
Section shall be appropriated to the | ||||||
25 | Department of Public Health. Upon
appropriation of moneys from | ||||||
26 | the Sexual Assault Services Fund, the Department
of Public |
| |||||||
| |||||||
1 | Health shall make grants of these moneys from the Fund to | ||||||
2 | sexual
assault organizations with whom the Department has | ||||||
3 | contracts for the purpose of
providing community-based | ||||||
4 | services to victims of sexual assault. Grants made
under this | ||||||
5 | Section are in addition to, and are not substitutes for, other
| ||||||
6 | grants authorized and made by the Department.
| ||||||
7 | (Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11; | ||||||
8 | revised 10-12-11.)
| ||||||
9 | Section 15-70. The Sex Offender Registration Act is amended | ||||||
10 | by changing Sections 2 and 3 as follows:
| ||||||
11 | (730 ILCS 150/2) (from Ch. 38, par. 222)
| ||||||
12 | Sec. 2. Definitions.
| ||||||
13 | (A) As used in this Article, "sex offender" means any | ||||||
14 | person who is:
| ||||||
15 | (1) charged pursuant to Illinois law, or any | ||||||
16 | substantially similar
federal, Uniform Code of Military | ||||||
17 | Justice, sister state, or foreign country
law,
with a sex | ||||||
18 | offense set forth
in subsection (B) of this Section or the | ||||||
19 | attempt to commit an included sex
offense, and:
| ||||||
20 | (a) is convicted of such offense or an attempt to | ||||||
21 | commit such offense;
or
| ||||||
22 | (b) is found not guilty by reason of insanity of | ||||||
23 | such offense or an
attempt to commit such offense; or
| ||||||
24 | (c) is found not guilty by reason of insanity |
| |||||||
| |||||||
1 | pursuant to Section
104-25(c) of the Code of Criminal | ||||||
2 | Procedure of 1963 of such offense or an
attempt to | ||||||
3 | commit such offense; or
| ||||||
4 | (d) is the subject of a finding not resulting in an | ||||||
5 | acquittal at a
hearing conducted pursuant to Section | ||||||
6 | 104-25(a) of the Code of Criminal
Procedure of 1963 for | ||||||
7 | the alleged commission or attempted commission of such
| ||||||
8 | offense; or
| ||||||
9 | (e) is found not guilty by reason of insanity | ||||||
10 | following a hearing
conducted pursuant to a federal, | ||||||
11 | Uniform Code of Military Justice, sister
state, or | ||||||
12 | foreign country law
substantially similar to Section | ||||||
13 | 104-25(c) of the Code of Criminal Procedure
of 1963 of | ||||||
14 | such offense or of the attempted commission of such | ||||||
15 | offense; or
| ||||||
16 | (f) is the subject of a finding not resulting in an | ||||||
17 | acquittal at a
hearing conducted pursuant to a federal, | ||||||
18 | Uniform Code of Military Justice,
sister state, or | ||||||
19 | foreign country law
substantially similar to Section | ||||||
20 | 104-25(a) of the Code of Criminal Procedure
of 1963 for | ||||||
21 | the alleged violation or attempted commission of such | ||||||
22 | offense;
or
| ||||||
23 | (2) certified as a sexually dangerous person pursuant | ||||||
24 | to the Illinois
Sexually Dangerous Persons Act, or any | ||||||
25 | substantially similar federal, Uniform
Code of Military | ||||||
26 | Justice, sister
state, or foreign country law; or
|
| |||||||
| |||||||
1 | (3) subject to the provisions of Section 2 of the | ||||||
2 | Interstate
Agreements on Sexually Dangerous Persons Act; | ||||||
3 | or
| ||||||
4 | (4) found to be a sexually violent person pursuant to | ||||||
5 | the Sexually
Violent Persons Commitment Act or any | ||||||
6 | substantially similar federal, Uniform
Code of Military | ||||||
7 | Justice, sister
state, or foreign country law; or
| ||||||
8 | (5) adjudicated a juvenile delinquent as the result of | ||||||
9 | committing or
attempting to commit an act which, if | ||||||
10 | committed by an adult, would constitute
any of the offenses | ||||||
11 | specified in item (B), (C), or (C-5) of this Section or a
| ||||||
12 | violation of any substantially similar federal, Uniform | ||||||
13 | Code of Military
Justice, sister state, or foreign
country | ||||||
14 | law, or found guilty under Article V of the Juvenile Court | ||||||
15 | Act of 1987
of committing or attempting to commit an act | ||||||
16 | which, if committed by an adult,
would constitute any of | ||||||
17 | the offenses specified in item (B), (C), or (C-5) of
this | ||||||
18 | Section or a violation of any substantially similar | ||||||
19 | federal, Uniform Code
of Military Justice, sister state,
or | ||||||
20 | foreign country law.
| ||||||
21 | Convictions that result from or are connected with the same | ||||||
22 | act, or result
from offenses committed at the same time, shall | ||||||
23 | be counted for the purpose of
this Article as one conviction. | ||||||
24 | Any conviction set aside pursuant to law is
not a conviction | ||||||
25 | for purposes of this Article.
| ||||||
26 |
For purposes of this Section, "convicted" shall have the |
| |||||||
| |||||||
1 | same meaning as
"adjudicated".
| ||||||
2 | (B) As used in this Article, "sex offense" means:
| ||||||
3 | (1) A violation of any of the following Sections of the | ||||||
4 | Criminal Code of
1961:
| ||||||
5 | 11-20.1 (child pornography),
| ||||||
6 | 11-20.1B or 11-20.3 (aggravated child | ||||||
7 | pornography),
| ||||||
8 | 11-6 (indecent solicitation of a child),
| ||||||
9 | 11-9.1 (sexual exploitation of a child),
| ||||||
10 | 11-9.2 (custodial sexual misconduct),
| ||||||
11 | 11-9.5 (sexual misconduct with a person with a | ||||||
12 | disability), | ||||||
13 | 11-14.4 (promoting juvenile prostitution),
| ||||||
14 | 11-15.1 (soliciting for a juvenile prostitute),
| ||||||
15 | 11-18.1 (patronizing a juvenile prostitute),
| ||||||
16 | 11-17.1 (keeping a place of juvenile | ||||||
17 | prostitution),
| ||||||
18 | 11-19.1 (juvenile pimping),
| ||||||
19 | 11-19.2 (exploitation of a child),
| ||||||
20 | 11-25 (grooming), | ||||||
21 | 11-26 (traveling to meet a minor),
| ||||||
22 | 11-1.20 or 12-13 (criminal sexual assault),
| ||||||
23 | 11-1.30 or 12-14 (aggravated criminal sexual | ||||||
24 | assault),
| ||||||
25 | 11-1.40 or 12-14.1 (predatory criminal sexual | ||||||
26 | assault of a child),
|
| |||||||
| |||||||
1 | 11-1.50 or 12-15 (criminal sexual abuse),
| ||||||
2 | 11-1.60 or 12-16 (aggravated criminal sexual | ||||||
3 | abuse),
| ||||||
4 | 12-33 (ritualized abuse of a child).
| ||||||
5 | An attempt to commit any of these offenses.
| ||||||
6 | (1.5)
A violation of any of the following Sections of | ||||||
7 | the
Criminal Code of 1961, when the victim is a person | ||||||
8 | under 18 years of age, the
defendant is not a parent of the | ||||||
9 | victim, the offense was sexually motivated as defined in | ||||||
10 | Section 10 of the Sex Offender Management Board Act, and | ||||||
11 | the offense was committed on or
after January 1, 1996:
| ||||||
12 | 10-1 (kidnapping),
| ||||||
13 | 10-2 (aggravated kidnapping),
| ||||||
14 | 10-3 (unlawful restraint),
| ||||||
15 | 10-3.1 (aggravated unlawful restraint).
| ||||||
16 | If the offense was committed before January 1, 1996, it | ||||||
17 | is a sex offense requiring registration only when the | ||||||
18 | person is convicted of any felony after July 1, 2011, and | ||||||
19 | paragraph (2.1) of subsection (c) of Section 3 of this Act | ||||||
20 | applies.
| ||||||
21 | (1.6)
First degree murder under Section 9-1 of the | ||||||
22 | Criminal Code of 1961,
provided the offense was sexually | ||||||
23 | motivated as defined in Section 10 of the Sex Offender | ||||||
24 | Management Board Act.
| ||||||
25 | (1.7) (Blank).
| ||||||
26 | (1.8) A violation or attempted violation of Section |
| |||||||
| |||||||
1 | 11-11 (sexual
relations within families) of the Criminal | ||||||
2 | Code of 1961, and the offense was committed on or after
| ||||||
3 | June 1, 1997. If the offense was committed before June 1, | ||||||
4 | 1997, it is a sex offense requiring registration only when | ||||||
5 | the person is convicted of any felony after July 1, 2011, | ||||||
6 | and paragraph (2.1) of subsection (c) of Section 3 of this | ||||||
7 | Act applies.
| ||||||
8 | (1.9) Child abduction under paragraph (10) of | ||||||
9 | subsection
(b) of Section 10-5 of the Criminal Code of 1961 | ||||||
10 | committed by luring or
attempting to lure a child under the | ||||||
11 | age of 16 into a motor vehicle, building,
house trailer, or | ||||||
12 | dwelling place without the consent of the parent or lawful
| ||||||
13 | custodian of the child for other than a lawful purpose and | ||||||
14 | the offense was
committed on or after January 1, 1998, | ||||||
15 | provided the offense was sexually motivated as defined in | ||||||
16 | Section 10 of the Sex Offender Management Board Act. If the | ||||||
17 | offense was committed before January 1, 1998, it is a sex | ||||||
18 | offense requiring registration only when the person is | ||||||
19 | convicted of any felony after July 1, 2011, and paragraph | ||||||
20 | (2.1) of subsection (c) of Section 3 of this Act applies.
| ||||||
21 | (1.10) A violation or attempted violation of any of the | ||||||
22 | following Sections
of the Criminal Code of 1961 when the | ||||||
23 | offense was committed on or after July
1, 1999:
| ||||||
24 | 10-4 (forcible detention, if the victim is under 18 | ||||||
25 | years of age), provided the offense was sexually | ||||||
26 | motivated as defined in Section 10 of the Sex Offender |
| |||||||
| |||||||
1 | Management Board Act,
| ||||||
2 | 11-6.5 (indecent solicitation of an adult),
| ||||||
3 | 11-14.3 that involves soliciting for a prostitute, | ||||||
4 | or 11-15 (soliciting for a prostitute, if the victim is | ||||||
5 | under 18 years
of age),
| ||||||
6 | subdivision (a)(2)(A) or (a)(2)(B) of Section | ||||||
7 | 11-14.3, or Section 11-16 (pandering, if the victim is | ||||||
8 | under 18 years of age),
| ||||||
9 | 11-18 (patronizing a prostitute, if the victim is | ||||||
10 | under 18 years
of age),
| ||||||
11 | subdivision (a)(2)(C) of Section 11-14.3, or | ||||||
12 | Section 11-19 (pimping, if the victim is under 18 years | ||||||
13 | of age).
| ||||||
14 | If the offense was committed before July 1, 1999, it is | ||||||
15 | a sex offense requiring registration only when the person | ||||||
16 | is convicted of any felony after July 1, 2011, and | ||||||
17 | paragraph (2.1) of subsection (c) of Section 3 of this Act | ||||||
18 | applies.
| ||||||
19 | (1.11) A violation or attempted violation of any of the | ||||||
20 | following
Sections of the Criminal Code of 1961 when the | ||||||
21 | offense was committed on or
after August 22, 2002:
| ||||||
22 | 11-9 or 11-30 (public indecency for a third or | ||||||
23 | subsequent conviction). | ||||||
24 | If the third or subsequent conviction was imposed | ||||||
25 | before August 22, 2002, it is a sex offense requiring | ||||||
26 | registration only when the person is convicted of any |
| |||||||
| |||||||
1 | felony after July 1, 2011, and paragraph (2.1) of | ||||||
2 | subsection (c) of Section 3 of this Act applies.
| ||||||
3 | (1.12) A violation or attempted violation of Section
| ||||||
4 | 5.1 of the Wrongs to Children Act or Section 11-9.1A of the | ||||||
5 | Criminal Code of 1961 (permitting sexual abuse) when the
| ||||||
6 | offense was committed on or after August 22, 2002. If the | ||||||
7 | offense was committed before August 22, 2002, it is a sex | ||||||
8 | offense requiring registration only when the person is | ||||||
9 | convicted of any felony after July 1, 2011, and paragraph | ||||||
10 | (2.1) of subsection (c) of Section 3 of this Act applies.
| ||||||
11 | (2) A violation of any former law of this State | ||||||
12 | substantially equivalent
to any offense listed in | ||||||
13 | subsection (B) of this Section.
| ||||||
14 | (C) A conviction for an offense of federal law, Uniform | ||||||
15 | Code of Military
Justice, or the law of another state
or a | ||||||
16 | foreign country that is substantially equivalent to any offense | ||||||
17 | listed
in subsections (B), (C), (E), and (E-5) of this Section | ||||||
18 | shall
constitute a
conviction for the purpose
of this Article. | ||||||
19 | A finding or adjudication as a sexually dangerous person
or a | ||||||
20 | sexually violent person under any federal law, Uniform Code of | ||||||
21 | Military
Justice, or the law of another state or
foreign | ||||||
22 | country that is substantially equivalent to the Sexually | ||||||
23 | Dangerous
Persons Act or the Sexually Violent Persons | ||||||
24 | Commitment Act shall constitute an
adjudication for the | ||||||
25 | purposes of this Article.
| ||||||
26 | (C-5) A person at least 17 years of age at the time of the |
| |||||||
| |||||||
1 | commission of
the offense who is convicted of first degree | ||||||
2 | murder under Section 9-1 of the
Criminal Code of 1961, against | ||||||
3 | a person
under 18 years of age, shall be required to register
| ||||||
4 | for natural life.
A conviction for an offense of federal, | ||||||
5 | Uniform Code of Military Justice,
sister state, or foreign | ||||||
6 | country law that is substantially equivalent to any
offense | ||||||
7 | listed in subsection (C-5) of this Section shall constitute a
| ||||||
8 | conviction for the purpose of this Article. This subsection | ||||||
9 | (C-5) applies to a person who committed the offense before June | ||||||
10 | 1, 1996 if: (i) the person is incarcerated in an Illinois | ||||||
11 | Department of Corrections facility on August 20, 2004 (the | ||||||
12 | effective date of Public Act 93-977), or (ii) subparagraph (i) | ||||||
13 | does not apply and the person is convicted of any felony after | ||||||
14 | July 1, 2011, and paragraph (2.1) of subsection (c) of Section | ||||||
15 | 3 of this Act applies.
| ||||||
16 | (C-6) A person who is convicted or adjudicated delinquent | ||||||
17 | of first degree murder as defined in Section 9-1 of the | ||||||
18 | Criminal Code of 1961, against a person 18 years of age or | ||||||
19 | over, shall be required to register for his or her natural | ||||||
20 | life. A conviction for an offense of federal, Uniform Code of | ||||||
21 | Military Justice, sister state, or foreign country law that is | ||||||
22 | substantially equivalent to any offense listed in subsection | ||||||
23 | (C-6) of this Section shall constitute a conviction for the | ||||||
24 | purpose of this Article. This subsection (C-6) does not apply | ||||||
25 | to those individuals released from incarceration more than 10 | ||||||
26 | years prior to January 1, 2012 ( the effective date of Public |
| |||||||
| |||||||
1 | Act 97-154) this amendatory Act of the 97th General Assembly . | ||||||
2 | (D) As used in this Article, "law enforcement agency having | ||||||
3 | jurisdiction"
means the Chief of Police in each of the | ||||||
4 | municipalities in which the sex offender
expects to reside, | ||||||
5 | work, or attend school (1) upon his or her discharge,
parole or | ||||||
6 | release or
(2) during the service of his or her sentence of | ||||||
7 | probation or conditional
discharge, or the Sheriff of the | ||||||
8 | county, in the event no Police Chief exists
or if the offender | ||||||
9 | intends to reside, work, or attend school in an
unincorporated | ||||||
10 | area.
"Law enforcement agency having jurisdiction" includes | ||||||
11 | the location where
out-of-state students attend school and | ||||||
12 | where out-of-state employees are
employed or are otherwise | ||||||
13 | required to register.
| ||||||
14 | (D-1) As used in this Article, "supervising officer" means | ||||||
15 | the assigned Illinois Department of Corrections parole agent or | ||||||
16 | county probation officer. | ||||||
17 | (E) As used in this Article, "sexual predator" means any | ||||||
18 | person who,
after July 1, 1999, is:
| ||||||
19 | (1) Convicted for an offense of federal, Uniform Code | ||||||
20 | of Military
Justice, sister state, or foreign country law | ||||||
21 | that is substantially equivalent
to any offense listed in | ||||||
22 | subsection (E) or (E-5) of this Section shall constitute a
| ||||||
23 | conviction for the purpose of this Article.
Convicted of a | ||||||
24 | violation or attempted violation of any of the following
| ||||||
25 | Sections of the
Criminal Code of 1961:
| ||||||
26 | 11-14.4 that involves keeping a place of juvenile |
| |||||||
| |||||||
1 | prostitution, or 11-17.1 (keeping a place of juvenile | ||||||
2 | prostitution),
| ||||||
3 | subdivision (a)(2) or (a)(3) of Section 11-14.4, | ||||||
4 | or Section 11-19.1 (juvenile pimping),
| ||||||
5 | subdivision (a)(4) of Section 11-14.4, or Section | ||||||
6 | 11-19.2 (exploitation of a child),
| ||||||
7 | 11-20.1 (child pornography),
| ||||||
8 | 11-20.1B or 11-20.3 (aggravated child | ||||||
9 | pornography),
| ||||||
10 | 11-1.20 or 12-13 (criminal sexual assault),
| ||||||
11 | 11-1.30 or 12-14 (aggravated criminal sexual | ||||||
12 | assault),
| ||||||
13 | 11-1.40 or 12-14.1 (predatory criminal sexual | ||||||
14 | assault of a child),
| ||||||
15 | 11-1.60 or 12-16 (aggravated criminal sexual | ||||||
16 | abuse),
| ||||||
17 | 12-33 (ritualized abuse of a child);
| ||||||
18 | (2) (blank);
| ||||||
19 | (3) certified as a sexually dangerous person pursuant | ||||||
20 | to the Sexually
Dangerous Persons Act or any substantially | ||||||
21 | similar federal, Uniform Code of
Military Justice, sister | ||||||
22 | state, or
foreign country law;
| ||||||
23 | (4) found to be a sexually violent person pursuant to | ||||||
24 | the Sexually Violent
Persons Commitment Act or any | ||||||
25 | substantially similar federal, Uniform Code of
Military | ||||||
26 | Justice, sister state, or
foreign country law;
|
| |||||||
| |||||||
1 | (5) convicted of a second or subsequent offense which | ||||||
2 | requires
registration pursuant to this Act. For purposes of | ||||||
3 | this paragraph
(5), "convicted" shall include a conviction | ||||||
4 | under any
substantially similar
Illinois, federal, Uniform | ||||||
5 | Code of Military Justice, sister state, or
foreign country | ||||||
6 | law;
| ||||||
7 | (6) convicted of a second or subsequent offense of | ||||||
8 | luring a minor under Section 10-5.1 of the Criminal Code of | ||||||
9 | 1961; or | ||||||
10 | (7) if the person was convicted of an offense set forth | ||||||
11 | in this subsection (E) on or before July 1, 1999, the | ||||||
12 | person is a sexual predator for whom registration is | ||||||
13 | required only when the person is convicted of a felony | ||||||
14 | offense after July 1, 2011, and paragraph (2.1) of | ||||||
15 | subsection (c) of Section 3 of this Act applies. | ||||||
16 | (E-5) As used in this Article, "sexual predator" also means | ||||||
17 | a person convicted of a violation or attempted violation of any | ||||||
18 | of the following
Sections of the
Criminal Code of 1961: | ||||||
19 | (1) Section 9-1 (first degree murder,
when the victim | ||||||
20 | was a person under 18 years of age and the defendant was at | ||||||
21 | least
17 years of age at the time of the commission of the | ||||||
22 | offense, provided the offense was sexually motivated as | ||||||
23 | defined in Section 10 of the Sex Offender Management Board | ||||||
24 | Act); | ||||||
25 | (2) Section 11-9.5 (sexual misconduct with a person | ||||||
26 | with a disability); |
| |||||||
| |||||||
1 | (3) when the victim is a person under 18 years of age, | ||||||
2 | the
defendant is not a parent of the victim, the offense | ||||||
3 | was sexually motivated as defined in Section 10 of the Sex | ||||||
4 | Offender Management Board Act, and the offense was | ||||||
5 | committed on or
after January 1, 1996: (A) Section 10-1 | ||||||
6 | (kidnapping), (B) Section 10-2 (aggravated kidnapping), | ||||||
7 | (C) Section 10-3 (unlawful restraint), and (D) Section | ||||||
8 | 10-3.1 (aggravated unlawful restraint); and | ||||||
9 | (4) Section 10-5(b)(10) (child abduction committed by | ||||||
10 | luring or
attempting to lure a child under the age of 16 | ||||||
11 | into a motor vehicle, building,
house trailer, or dwelling | ||||||
12 | place without the consent of the parent or lawful
custodian | ||||||
13 | of the child for other than a lawful purpose and the | ||||||
14 | offense was
committed on or after January 1, 1998, provided | ||||||
15 | the offense was sexually motivated as defined in Section 10 | ||||||
16 | of the Sex Offender Management Board Act). | ||||||
17 | (E-10) As used in this Article, "sexual predator" also | ||||||
18 | means a person required to register in another State due to a | ||||||
19 | conviction, adjudication or other action of any court | ||||||
20 | triggering an obligation to register as a sex offender, sexual | ||||||
21 | predator, or substantially similar status under the laws of | ||||||
22 | that State. | ||||||
23 | (F) As used in this Article, "out-of-state student" means | ||||||
24 | any sex
offender, as defined in this Section,
or sexual | ||||||
25 | predator who is enrolled in Illinois, on a full-time or | ||||||
26 | part-time
basis, in any public or private educational |
| |||||||
| |||||||
1 | institution, including, but not
limited to, any secondary | ||||||
2 | school, trade or professional institution, or
institution of | ||||||
3 | higher learning.
| ||||||
4 | (G) As used in this Article, "out-of-state employee" means | ||||||
5 | any sex
offender, as defined in this Section,
or sexual | ||||||
6 | predator who works in Illinois, regardless of whether the | ||||||
7 | individual
receives payment for services performed, for a | ||||||
8 | period of time of 10 or more days
or for an aggregate period of | ||||||
9 | time of 30 or more days
during any calendar year.
Persons who | ||||||
10 | operate motor vehicles in the State accrue one day of | ||||||
11 | employment
time for any portion of a day spent in Illinois.
| ||||||
12 | (H) As used in this Article, "school" means any public or | ||||||
13 | private educational institution, including, but not limited | ||||||
14 | to, any elementary or secondary school, trade or professional | ||||||
15 | institution, or institution of higher education. | ||||||
16 | (I) As used in this Article, "fixed residence" means any | ||||||
17 | and all places that a sex offender resides for an aggregate | ||||||
18 | period of time of 5 or more days in a calendar year.
| ||||||
19 | (J) As used in this Article, "Internet protocol address" | ||||||
20 | means the string of numbers by which a location on the Internet | ||||||
21 | is identified by routers or other computers connected to the | ||||||
22 | Internet. | ||||||
23 | (Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11; | ||||||
24 | 96-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12; | ||||||
25 | revised 9-27-11.)
|
| |||||||
| |||||||
1 | (730 ILCS 150/3) | ||||||
2 | Sec. 3. Duty to register.
| ||||||
3 | (a) A sex offender, as defined in Section 2 of this Act, or | ||||||
4 | sexual
predator shall, within the time period
prescribed in | ||||||
5 | subsections (b) and (c), register in person
and provide | ||||||
6 | accurate information as required by the Department of State
| ||||||
7 | Police. Such information shall include a current photograph,
| ||||||
8 | current address,
current place of employment, the sex | ||||||
9 | offender's or sexual predator's telephone number, including | ||||||
10 | cellular telephone number, the employer's telephone number, | ||||||
11 | school attended, all e-mail addresses, instant messaging | ||||||
12 | identities, chat room identities, and other Internet | ||||||
13 | communications identities that the sex offender uses or plans | ||||||
14 | to use, all Uniform Resource Locators (URLs) registered or used | ||||||
15 | by the sex offender, all blogs and other Internet sites | ||||||
16 | maintained by the sex offender or to which the sex offender has | ||||||
17 | uploaded any content or posted any messages or information, | ||||||
18 | extensions of the time period for registering as provided in | ||||||
19 | this Article and, if an extension was granted, the reason why | ||||||
20 | the extension was granted and the date the sex offender was | ||||||
21 | notified of the extension. The information shall also include a | ||||||
22 | copy of the terms and conditions of parole or release signed by | ||||||
23 | the sex offender and given to the sex offender by his or her | ||||||
24 | supervising officer, the county of conviction, license plate | ||||||
25 | numbers for every vehicle registered in the name of the sex | ||||||
26 | offender, the age of the sex offender at the time of the |
| |||||||
| |||||||
1 | commission of the offense, the age of the victim at the time of | ||||||
2 | the commission of the offense, and any distinguishing marks | ||||||
3 | located on the body of the sex offender. A sex offender | ||||||
4 | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | ||||||
5 | 11-21 of the Criminal Code of 1961 shall provide all Internet | ||||||
6 | protocol (IP) addresses in his or her residence, registered in | ||||||
7 | his or her name, accessible at his or her place of employment, | ||||||
8 | or otherwise under his or her control or custody. If the sex | ||||||
9 | offender is a child sex offender as defined in Section 11-9.3 | ||||||
10 | or 11-9.4 of the Criminal Code of 1961, the sex offender shall | ||||||
11 | report to the registering agency whether he or she is living in | ||||||
12 | a household with a child under 18 years of age who is not his or | ||||||
13 | her own child, provided that his or her own child is not the | ||||||
14 | victim of the sex offense. The sex offender or
sexual predator | ||||||
15 | shall register:
| ||||||
16 | (1) with the chief of police in the municipality in | ||||||
17 | which he or she
resides or is temporarily domiciled for a | ||||||
18 | period of time of 3 or more
days, unless the
municipality | ||||||
19 | is the City of Chicago, in which case he or she shall | ||||||
20 | register
at the Chicago Police Department Headquarters; or
| ||||||
21 | (2) with the sheriff in the county in which
he or she | ||||||
22 | resides or is
temporarily domiciled
for a period of time of | ||||||
23 | 3 or more days in an unincorporated
area or, if | ||||||
24 | incorporated, no police chief exists.
| ||||||
25 | If the sex offender or sexual predator is employed at or | ||||||
26 | attends an institution of higher education, he or she shall |
| |||||||
| |||||||
1 | also register:
| ||||||
2 | (i) with: | ||||||
3 | (A) the chief of police in the municipality in | ||||||
4 | which he or she is employed at or attends an | ||||||
5 | institution of higher education, unless the | ||||||
6 | municipality is the City of Chicago, in which case he | ||||||
7 | or she shall register at the Chicago Police Department | ||||||
8 | Headquarters; or | ||||||
9 | (B) the sheriff in the county in which he or she is | ||||||
10 | employed or attends an institution of higher education | ||||||
11 | located in an unincorporated area, or if incorporated, | ||||||
12 | no police chief exists; and
| ||||||
13 | (ii) with the public safety or security director of the | ||||||
14 | institution of higher education which he or she is employed | ||||||
15 | at or attends.
| ||||||
16 | The registration fees shall only apply to the municipality | ||||||
17 | or county of primary registration, and not to campus | ||||||
18 | registration. | ||||||
19 | For purposes of this Article, the place of residence or | ||||||
20 | temporary
domicile is defined as any and all places where the | ||||||
21 | sex offender resides
for an aggregate period of time of 3 or | ||||||
22 | more days during any calendar year.
Any person required to | ||||||
23 | register under this Article who lacks a fixed address or | ||||||
24 | temporary domicile must notify, in person, the agency of | ||||||
25 | jurisdiction of his or her last known address within 3 days | ||||||
26 | after ceasing to have a fixed residence. |
| |||||||
| |||||||
1 | A sex offender or sexual predator who is temporarily absent | ||||||
2 | from his or her current address of registration for 3 or more | ||||||
3 | days shall notify the law enforcement agency having | ||||||
4 | jurisdiction of his or her current registration, including the | ||||||
5 | itinerary for travel, in the manner provided in Section 6 of | ||||||
6 | this Act for notification to the law enforcement agency having | ||||||
7 | jurisdiction of change of address. | ||||||
8 | Any person who lacks a fixed residence must report weekly, | ||||||
9 | in person, with the sheriff's office of the county in which he | ||||||
10 | or she is located in an unincorporated area, or with the chief | ||||||
11 | of police in the municipality in which he or she is located. | ||||||
12 | The agency of jurisdiction will document each weekly | ||||||
13 | registration to include all the locations where the person has | ||||||
14 | stayed during the past 7 days.
| ||||||
15 | The sex offender or sexual predator shall provide accurate | ||||||
16 | information
as required by the Department of State Police. That | ||||||
17 | information shall include
the sex offender's or sexual | ||||||
18 | predator's current place of employment.
| ||||||
19 | (a-5) An out-of-state student or out-of-state employee | ||||||
20 | shall,
within 3 days after beginning school or employment in | ||||||
21 | this State,
register in person and provide accurate information | ||||||
22 | as required by the
Department of State Police. Such information | ||||||
23 | will include current place of
employment, school attended, and | ||||||
24 | address in state of residence. A sex offender convicted under | ||||||
25 | Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the | ||||||
26 | Criminal Code of 1961 shall provide all Internet protocol (IP) |
| |||||||
| |||||||
1 | addresses in his or her residence, registered in his or her | ||||||
2 | name, accessible at his or her place of employment, or | ||||||
3 | otherwise under his or her control or custody. The out-of-state | ||||||
4 | student or out-of-state employee shall register:
| ||||||
5 | (1) with: | ||||||
6 | (A) the chief of police in the municipality in | ||||||
7 | which he or she attends school or is employed for a | ||||||
8 | period of time of 5
or more days or for an
aggregate | ||||||
9 | period of time of more than 30 days during any
calendar | ||||||
10 | year, unless the
municipality is the City of Chicago, | ||||||
11 | in which case he or she shall register at
the Chicago | ||||||
12 | Police Department Headquarters; or
| ||||||
13 | (B) the sheriff in the county in which
he or she | ||||||
14 | attends school or is
employed for a period of time of 5 | ||||||
15 | or more days or
for an aggregate period of
time of more | ||||||
16 | than 30 days during any calendar year in an
| ||||||
17 | unincorporated area
or, if incorporated, no police | ||||||
18 | chief exists; and | ||||||
19 | (2) with the public safety or security director of the | ||||||
20 | institution of higher education he or she is employed at or | ||||||
21 | attends for a period of time of 5 or more days or for an | ||||||
22 | aggregate period of time of more than 30 days during a | ||||||
23 | calendar year. | ||||||
24 | The registration fees shall only apply to the municipality | ||||||
25 | or county of primary registration, and not to campus | ||||||
26 | registration. |
| |||||||
| |||||||
1 | The out-of-state student or out-of-state employee shall | ||||||
2 | provide accurate
information as required by the Department of | ||||||
3 | State Police. That information
shall include the out-of-state | ||||||
4 | student's current place of school attendance or
the | ||||||
5 | out-of-state employee's current place of employment.
| ||||||
6 | (a-10) Any law enforcement agency registering sex | ||||||
7 | offenders or sexual predators in accordance with subsections | ||||||
8 | (a) or (a-5) of this Section shall forward to the Attorney | ||||||
9 | General a copy of sex offender registration forms from persons | ||||||
10 | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | ||||||
11 | 11-21 of the Criminal Code of 1961, including periodic and | ||||||
12 | annual registrations under Section 6 of this Act. | ||||||
13 | (b) Any sex offender, as defined in Section 2 of this Act, | ||||||
14 | or sexual
predator, regardless of any initial,
prior, or other | ||||||
15 | registration, shall, within 3 days of beginning school,
or | ||||||
16 | establishing a
residence, place of employment, or temporary | ||||||
17 | domicile in
any county, register in person as set forth in | ||||||
18 | subsection (a)
or (a-5).
| ||||||
19 | (c) The registration for any person required to register | ||||||
20 | under this
Article shall be as follows:
| ||||||
21 | (1) Any person registered under the Habitual Child Sex | ||||||
22 | Offender
Registration Act or the Child Sex Offender | ||||||
23 | Registration Act prior to January
1, 1996, shall be deemed | ||||||
24 | initially registered as of January 1, 1996; however,
this | ||||||
25 | shall not be construed to extend the duration of | ||||||
26 | registration set forth
in Section 7.
|
| |||||||
| |||||||
1 | (2) Except as provided in subsection (c)(2.1) or | ||||||
2 | (c)(4), any person convicted or
adjudicated prior to | ||||||
3 | January 1, 1996, whose liability for registration under
| ||||||
4 | Section 7 has not expired, shall register in person prior | ||||||
5 | to January 31,
1996.
| ||||||
6 | (2.1) A sex offender or sexual predator, who has never | ||||||
7 | previously been required to register under this Act, has a | ||||||
8 | duty to register if the person has been convicted of any | ||||||
9 | felony offense after July 1, 2011. A person who previously | ||||||
10 | was required to register under this Act for a period of 10 | ||||||
11 | years and successfully completed that registration period | ||||||
12 | has a duty to register if: (i) the person has been | ||||||
13 | convicted of any felony offense after July 1, 2011, and | ||||||
14 | (ii) the offense for which the 10 year registration was | ||||||
15 | served currently requires a registration period of more | ||||||
16 | than 10 years. Notification of an offender's duty to | ||||||
17 | register under this subsection shall be pursuant to Section | ||||||
18 | 5-7 of this Act. | ||||||
19 | (2.5) Except as provided in subsection (c)(4), any | ||||||
20 | person who has not
been notified of his or her | ||||||
21 | responsibility to register shall be notified by a
criminal | ||||||
22 | justice entity of his or her responsibility to register. | ||||||
23 | Upon
notification the person must then register within 3 | ||||||
24 | days of notification of
his or her requirement to register. | ||||||
25 | Except as provided in subsection (c)(2.1), if notification | ||||||
26 | is not made within the
offender's 10 year registration |
| |||||||
| |||||||
1 | requirement, and the Department of State
Police determines | ||||||
2 | no evidence exists or indicates the offender attempted to
| ||||||
3 | avoid registration, the offender will no longer be required | ||||||
4 | to register under
this Act.
| ||||||
5 | (3) Except as provided in subsection (c)(4), any person | ||||||
6 | convicted on
or after January 1, 1996, shall register in | ||||||
7 | person within 3 days after the
entry of the sentencing | ||||||
8 | order based upon his or her conviction.
| ||||||
9 | (4) Any person unable to comply with the registration | ||||||
10 | requirements of
this Article because he or she is confined, | ||||||
11 | institutionalized,
or imprisoned in Illinois on or after | ||||||
12 | January 1, 1996, shall register in person
within 3 days of | ||||||
13 | discharge, parole or release.
| ||||||
14 | (5) The person shall provide positive identification | ||||||
15 | and documentation
that substantiates proof of residence at | ||||||
16 | the registering address.
| ||||||
17 | (6) The person shall pay a $100
initial registration | ||||||
18 | fee and
a $100
annual
renewal fee. The fees shall be used | ||||||
19 | by the registering agency for official
purposes. The agency | ||||||
20 | shall establish procedures to document receipt and use
of | ||||||
21 | the funds.
The law enforcement agency having jurisdiction | ||||||
22 | may waive the registration fee
if it determines that the | ||||||
23 | person is indigent and unable to pay the registration
fee.
| ||||||
24 | Thirty dollars for the initial registration fee and $30 of | ||||||
25 | the annual renewal fee
shall be used by the registering | ||||||
26 | agency for official purposes. Ten dollars of
the initial |
| |||||||
| |||||||
1 | registration fee and $10 of the annual fee shall be | ||||||
2 | deposited into
the Sex Offender Management Board Fund under | ||||||
3 | Section 19 of the Sex Offender
Management Board Act. Money | ||||||
4 | deposited into the Sex Offender Management Board
Fund shall | ||||||
5 | be administered by the Sex Offender Management Board and | ||||||
6 | shall be
used to
fund practices endorsed or required by the | ||||||
7 | Sex Offender Management Board Act
including but not limited | ||||||
8 | to sex offenders evaluation, treatment, or
monitoring | ||||||
9 | programs that are or may be developed, as well as for
| ||||||
10 | administrative costs, including staff, incurred by the | ||||||
11 | Board.
Thirty dollars of the initial registration fee and | ||||||
12 | $30 of the annual renewal fee shall be deposited into the | ||||||
13 | Sex Offender Registration Fund and shall be used by the | ||||||
14 | Department of State Police to maintain and update the | ||||||
15 | Illinois State Police Sex Offender Registry. Thirty | ||||||
16 | dollars of the initial registration fee and $30 of the | ||||||
17 | annual renewal fee shall be deposited into the Attorney | ||||||
18 | General Sex Offender Awareness, Training, and Education | ||||||
19 | Fund. Moneys deposited into the Fund shall be used by the | ||||||
20 | Attorney General to administer the I-SORT program and to | ||||||
21 | alert and educate the public, victims, and witnesses of | ||||||
22 | their rights under various victim notification laws and for | ||||||
23 | training law enforcement agencies, State's Attorneys, and | ||||||
24 | medical providers of their legal duties concerning the | ||||||
25 | prosecution and investigation of sex offenses. | ||||||
26 | (d) Within 3 days after obtaining or changing employment |
| |||||||
| |||||||
1 | and, if employed
on January 1, 2000, within 5 days after that | ||||||
2 | date, a person required to
register under this Section must | ||||||
3 | report, in person to the law
enforcement agency having | ||||||
4 | jurisdiction, the business name and address where he
or she is | ||||||
5 | employed. If the person has multiple businesses or work | ||||||
6 | locations,
every business and work location must be reported to | ||||||
7 | the law enforcement agency
having jurisdiction.
| ||||||
8 | (Source: P.A. 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11; | ||||||
9 | 96-1097, eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff. | ||||||
10 | 1-1-11; 96-1551, eff. 7-1-11; 97-155, eff 1-1-12; 97-333, eff. | ||||||
11 | 8-12-11; 97-578, eff. 1-1-12; revised 9-15-11.)
| ||||||
12 | Section 15-75. The Secure Residential Youth Care Facility | ||||||
13 | Licensing Act is amended by changing Section 45-30 as follows:
| ||||||
14 | (730 ILCS 175/45-30)
| ||||||
15 | Sec. 45-30. License or employment eligibility.
| ||||||
16 | (a) No applicant may receive a
license from the Department | ||||||
17 | and no
person may be employed by a licensed facility who | ||||||
18 | refuses to
authorize an investigation as required by Section | ||||||
19 | 45-25.
| ||||||
20 | (b) No applicant may receive a license from the Department | ||||||
21 | and no person may
be employed by a secure residential youth | ||||||
22 | care facility licensed by the
Department who has
been declared | ||||||
23 | a sexually dangerous person under the Sexually Dangerous | ||||||
24 | Persons
Act or convicted of
committing or attempting to commit |
| |||||||
| |||||||
1 | any of the following offenses under the
Criminal Code of 1961:
| ||||||
2 | (1) First degree murder.
| ||||||
3 | (2) A sex offense under Article 11, except offenses | ||||||
4 | described in
Sections 11-7, 11-8, 11-12, 11-13, 11-18, | ||||||
5 | 11-35, 11-40, and 11-45.
| ||||||
6 | (3) Kidnapping.
| ||||||
7 | (4) Aggravated kidnapping.
| ||||||
8 | (5) Child abduction.
| ||||||
9 | (6) Aggravated battery of a child as described in | ||||||
10 | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05.
| ||||||
11 | (7) Criminal sexual assault.
| ||||||
12 | (8) Aggravated criminal sexual assault.
| ||||||
13 | (8.1) Predatory criminal sexual assault of a child.
| ||||||
14 | (9) Criminal sexual abuse.
| ||||||
15 | (10) Aggravated criminal sexual abuse.
| ||||||
16 | (11) A federal offense or an offense in any other state | ||||||
17 | the elements of
which are similar to any of the foregoing | ||||||
18 | offenses.
| ||||||
19 | (Source: P.A. 96-1551, Article 1, Section 975, eff. 7-1-11; | ||||||
20 | 96-1551, Article 2, Section 1080, eff. 7-1-11; revised | ||||||
21 | 9-30-11.)
| ||||||
22 | Section 15-80. The Crime Victims Compensation Act is | ||||||
23 | amended by changing Section 2 as follows:
| ||||||
24 | (740 ILCS 45/2) (from Ch. 70, par. 72)
|
| |||||||
| |||||||
1 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
2 | context
otherwise requires:
| ||||||
3 | (a) "Applicant" means any person who applies for | ||||||
4 | compensation under this
Act or any person the Court of Claims | ||||||
5 | finds is entitled to compensation,
including the guardian of a | ||||||
6 | minor or of a person under legal disability. It
includes any | ||||||
7 | person who was a dependent of a deceased victim of a crime of
| ||||||
8 | violence for his or her support at the time of the death of | ||||||
9 | that victim.
| ||||||
10 | (b) "Court of Claims" means the Court of Claims created by | ||||||
11 | the Court
of Claims Act.
| ||||||
12 | (c) "Crime of violence" means and includes any offense | ||||||
13 | defined in
Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-1.20, | ||||||
14 | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-11, 11-19.2, 11-20.1, | ||||||
15 | 11-20.1B, 11-20.3, 12-1,
12-2,
12-3, 12-3.2,
12-3.3,
12-3.4, | ||||||
16 | 12-4, 12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, | ||||||
17 | 12-13, 12-14,
12-14.1, 12-15,
12-16, 12-20.5, 12-30, 20-1 or | ||||||
18 | 20-1.1, or Section 12-3.05 except for subdivision (a)(4) or | ||||||
19 | (g)(1), , or subdivision (a)(4) of Section 11-14.4, of the | ||||||
20 | Criminal Code of 1961, Sections 1(a) and 1(a-5) of the Cemetery | ||||||
21 | Protection Act, driving under
the influence of intoxicating | ||||||
22 | liquor or narcotic drugs as defined in Section
11-501 of the | ||||||
23 | Illinois Vehicle Code, and a violation of Section 11-401 of the | ||||||
24 | Illinois Vehicle Code, provided the victim was a pedestrian or | ||||||
25 | was operating a vehicle moved solely by human power or a | ||||||
26 | mobility device at the time of contact; so long as the offense |
| |||||||
| |||||||
1 | did not occur
during a civil riot, insurrection or rebellion. | ||||||
2 | "Crime of violence" does not
include any other offense or | ||||||
3 | accident involving a motor vehicle except those
vehicle | ||||||
4 | offenses specifically provided for in this paragraph. "Crime of
| ||||||
5 | violence" does include all of the offenses specifically | ||||||
6 | provided for in this
paragraph that occur within this State but | ||||||
7 | are subject to federal jurisdiction
and crimes involving | ||||||
8 | terrorism as defined in 18 U.S.C. 2331.
| ||||||
9 | (d) "Victim" means (1) a person killed or injured in this | ||||||
10 | State as a
result of a crime of violence perpetrated or | ||||||
11 | attempted against him or her,
(2) the
parent of a person killed | ||||||
12 | or injured in this State as a result of a crime of
violence | ||||||
13 | perpetrated or attempted against the person, (3) a person | ||||||
14 | killed
or injured in this State while attempting to assist a | ||||||
15 | person against whom a
crime of violence is being perpetrated or | ||||||
16 | attempted, if that attempt of
assistance would be expected of a | ||||||
17 | reasonable person under the circumstances,
(4) a person killed | ||||||
18 | or injured in this State while assisting a law
enforcement | ||||||
19 | official apprehend a person who has perpetrated a crime of
| ||||||
20 | violence or prevent the perpetration of any such crime if that
| ||||||
21 | assistance was in response to the express request of the law | ||||||
22 | enforcement
official, (5) a person who personally
witnessed a | ||||||
23 | violent crime, (5.1) solely
for the purpose of compensating for | ||||||
24 | pecuniary loss incurred for
psychological treatment of a mental | ||||||
25 | or emotional condition caused or aggravated
by the crime, any | ||||||
26 | other person under the age of 18 who is the brother, sister,
|
| |||||||
| |||||||
1 | half brother, half sister, child, or stepchild
of a person | ||||||
2 | killed or injured in
this State as a
result of a crime of | ||||||
3 | violence, (6) an Illinois resident
who is a victim of a "crime | ||||||
4 | of violence" as defined in this Act except, if
the crime | ||||||
5 | occurred outside this State, the resident has the same rights
| ||||||
6 | under this Act as if the crime had occurred in this State upon | ||||||
7 | a showing
that the state, territory, country, or political | ||||||
8 | subdivision of a country
in which the crime occurred does not | ||||||
9 | have a compensation of victims of
crimes law for which that | ||||||
10 | Illinois resident is eligible, (7) a deceased person whose body | ||||||
11 | is dismembered or whose remains are desecrated as the result of | ||||||
12 | a crime of violence, or (8) solely for the purpose of | ||||||
13 | compensating for pecuniary loss incurred for psychological | ||||||
14 | treatment of a mental or emotional condition caused or | ||||||
15 | aggravated by the crime, any parent, spouse, or child under the | ||||||
16 | age of 18 of a deceased person whose body is dismembered or | ||||||
17 | whose remains are desecrated as the result of a crime of | ||||||
18 | violence.
| ||||||
19 | (e) "Dependent" means a relative of a deceased victim who | ||||||
20 | was wholly or
partially dependent upon the victim's income at | ||||||
21 | the time of his or her
death
and shall include the child of a | ||||||
22 | victim born after his or her death.
| ||||||
23 | (f) "Relative" means a spouse, parent, grandparent, | ||||||
24 | stepfather, stepmother,
child, grandchild, brother, | ||||||
25 | brother-in-law, sister, sister-in-law, half
brother, half | ||||||
26 | sister, spouse's parent, nephew, niece, uncle or aunt.
|
| |||||||
| |||||||
1 | (g) "Child" means an unmarried son or daughter who is under | ||||||
2 | 18 years of
age and includes a stepchild, an adopted child or a | ||||||
3 | child born out of wedlock.
| ||||||
4 | (h) "Pecuniary loss" means, in the case of injury, | ||||||
5 | appropriate medical
expenses and hospital expenses including | ||||||
6 | expenses of medical
examinations, rehabilitation, medically | ||||||
7 | required
nursing care expenses, appropriate
psychiatric care | ||||||
8 | or psychiatric counseling expenses, expenses for care or
| ||||||
9 | counseling by a licensed clinical psychologist, licensed | ||||||
10 | clinical social
worker, or licensed clinical professional | ||||||
11 | counselor and expenses for treatment by Christian Science | ||||||
12 | practitioners and
nursing care appropriate thereto; | ||||||
13 | transportation expenses to and from medical and treatment | ||||||
14 | facilities; prosthetic appliances, eyeglasses, and
hearing | ||||||
15 | aids necessary or damaged as a result of the
crime; replacement | ||||||
16 | costs for clothing and bedding used as evidence; costs
| ||||||
17 | associated with temporary lodging or relocation necessary as a
| ||||||
18 | result of the crime, including, but not limited to, the first | ||||||
19 | month's rent and security deposit of the dwelling that the | ||||||
20 | claimant relocated to and other reasonable relocation expenses | ||||||
21 | incurred as a result of the violent crime;
locks or windows | ||||||
22 | necessary or damaged as a result of the crime; the purchase,
| ||||||
23 | lease, or rental of equipment necessary to create usability of | ||||||
24 | and
accessibility to the victim's real and personal property, | ||||||
25 | or the real and
personal property which is used by the victim, | ||||||
26 | necessary as a result of the
crime; the costs of appropriate |
| |||||||
| |||||||
1 | crime scene clean-up;
replacement
services loss, to a maximum | ||||||
2 | of $1000 per month;
dependents replacement
services loss, to a | ||||||
3 | maximum of $1000 per month; loss of tuition paid to
attend | ||||||
4 | grammar school or high school when the victim had been enrolled | ||||||
5 | as a
student prior to the injury, or college or graduate school | ||||||
6 | when
the victim had been enrolled as a day or night student | ||||||
7 | prior to
the injury when the victim becomes unable to continue | ||||||
8 | attendance at school
as a result of the crime of violence | ||||||
9 | perpetrated against him or her; loss
of
earnings, loss of | ||||||
10 | future earnings because of disability resulting from the
| ||||||
11 | injury, and, in addition, in the case of death, expenses for | ||||||
12 | funeral, burial, and travel and transport for survivors
of | ||||||
13 | homicide victims to secure bodies of deceased victims and to | ||||||
14 | transport
bodies for burial all of which
may not exceed a | ||||||
15 | maximum of $5,000 and loss of support of the dependents of
the | ||||||
16 | victim; in the case of dismemberment or desecration of a body, | ||||||
17 | expenses for funeral and burial, all of which may not exceed a | ||||||
18 | maximum of $5,000.
Loss of future earnings shall be reduced by | ||||||
19 | any income from substitute work
actually performed by the | ||||||
20 | victim or by income he or she would have earned
in
available | ||||||
21 | appropriate substitute work he or she was capable of performing
| ||||||
22 | but
unreasonably failed to undertake. Loss of earnings, loss of | ||||||
23 | future
earnings and loss of support shall be determined on the | ||||||
24 | basis of the
victim's average net monthly earnings for the 6 | ||||||
25 | months immediately
preceding the date of the injury or on $1000 | ||||||
26 | per month, whichever is less.
If a divorced or legally |
| |||||||
| |||||||
1 | separated applicant is claiming loss of support
for a minor | ||||||
2 | child of the deceased, the amount of support for each child
| ||||||
3 | shall be based either on the amount of support
pursuant to the | ||||||
4 | judgment prior to the date of the deceased
victim's injury or | ||||||
5 | death, or, if the subject of pending litigation filed by
or on | ||||||
6 | behalf of the divorced or legally separated applicant prior to | ||||||
7 | the
injury or death, on the result of that litigation. Real and | ||||||
8 | personal
property includes, but is not limited to, vehicles, | ||||||
9 | houses, apartments,
town houses, or condominiums. Pecuniary | ||||||
10 | loss does not
include pain and suffering or property loss or | ||||||
11 | damage.
| ||||||
12 | (i) "Replacement services loss" means expenses reasonably | ||||||
13 | incurred in
obtaining ordinary and necessary services in lieu | ||||||
14 | of those the
injured person would have performed, not for | ||||||
15 | income, but for the benefit
of himself or herself or his or her | ||||||
16 | family, if he or she had not
been injured.
| ||||||
17 | (j) "Dependents replacement services loss" means loss | ||||||
18 | reasonably incurred
by dependents or private legal guardians of | ||||||
19 | minor dependents after a victim's death in obtaining ordinary | ||||||
20 | and necessary
services in lieu of those the victim would have | ||||||
21 | performed, not for income,
but for their benefit, if he or she | ||||||
22 | had not been fatally injured.
| ||||||
23 | (k) "Survivor" means immediate family including a parent, | ||||||
24 | step-father,
step-mother, child,
brother, sister, or spouse.
| ||||||
25 | (Source: P.A. 96-267, eff. 8-11-09; 96-863, eff. 3-1-10; | ||||||
26 | 96-1551, Article 1, Section 980, eff. 7-1-11; 96-1551, Article |
| |||||||
| |||||||
1 | 2, Section 1090, eff. 7-1-11; revised 9-30-11.)
| ||||||
2 | Section 15-85. The Predator Accountability Act is amended | ||||||
3 | by changing Section 10 as follows:
| ||||||
4 | (740 ILCS 128/10)
| ||||||
5 | Sec. 10. Definitions. As used in this Act: | ||||||
6 | "Sex trade" means any act, which if proven beyond a | ||||||
7 | reasonable doubt could support a conviction for a violation or | ||||||
8 | attempted violation of any of the following Sections of the | ||||||
9 | Criminal Code of 1961: 11-14.3 (promoting prostitution); | ||||||
10 | 11-14.4 (promoting juvenile prostitution); 11-15 (soliciting | ||||||
11 | for a prostitute); 11-15.1 (soliciting for a juvenile | ||||||
12 | prostitute); 11-16 (pandering); 11-17 (keeping a place of | ||||||
13 | prostitution); 11-17.1 (keeping a place of juvenile | ||||||
14 | prostitution); 11-19 (pimping); 11-19.1 (juvenile pimping and | ||||||
15 | aggravated juvenile pimping); 11-19.2 (exploitation of a | ||||||
16 | child); 11-20 (obscenity); 11-20.1 (child pornography); or | ||||||
17 | 11-20.1B or 11-20.3 (aggravated child pornography); or Section | ||||||
18 | 10-9 of the Criminal Code of 1961 (trafficking of persons and | ||||||
19 | involuntary servitude). | ||||||
20 | "Sex trade" activity may involve adults and youth of all | ||||||
21 | genders and sexual orientations.
| ||||||
22 | "Victim of the sex trade" means, for the following sex | ||||||
23 | trade acts, the person or persons indicated: | ||||||
24 | (1) soliciting for a prostitute: the prostitute who is |
| |||||||
| |||||||
1 | the object of the solicitation; | ||||||
2 | (2) soliciting for a juvenile prostitute: the juvenile | ||||||
3 | prostitute, or severely or profoundly intellectually | ||||||
4 | disabled person, who is the object of the solicitation; | ||||||
5 | (3) promoting prostitution as described in subdivision | ||||||
6 | (a)(2)(A) or (a)(2)(B) of Section 11-14.3 of the Criminal | ||||||
7 | Code of 1961, or pandering: the person intended or | ||||||
8 | compelled to act as a prostitute; | ||||||
9 | (4) keeping a place of prostitution: any person | ||||||
10 | intended or compelled to act as a prostitute, while present | ||||||
11 | at the place, during the time period in question; | ||||||
12 | (5) keeping a place of juvenile prostitution: any | ||||||
13 | juvenile intended or compelled to act as a prostitute, | ||||||
14 | while present at the place, during the time period in | ||||||
15 | question; | ||||||
16 | (6) promoting prostitution as described in subdivision | ||||||
17 | (a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961, | ||||||
18 | or pimping: the prostitute from whom anything of value is | ||||||
19 | received; | ||||||
20 | (7) promoting juvenile prostitution as described in | ||||||
21 | subdivision (a)(2) or (a)(3) of Section 11-14.4 of the | ||||||
22 | Criminal Code of 1961, or juvenile pimping and aggravated | ||||||
23 | juvenile pimping: the juvenile, or severely or profoundly | ||||||
24 | intellectually disabled person, from whom anything of | ||||||
25 | value is received for that person's act of prostitution; | ||||||
26 | (8) promoting juvenile prostitution as described in |
| |||||||
| |||||||
1 | subdivision (a)(4) of Section 11-14.4 of the Criminal Code | ||||||
2 | of 1961, or exploitation of a child: the juvenile, or | ||||||
3 | severely or profoundly intellectually disabled person, | ||||||
4 | intended or compelled to act as a prostitute or from whom | ||||||
5 | anything of value is received for that person's act of | ||||||
6 | prostitution; | ||||||
7 | (9) obscenity: any person who appears in or is | ||||||
8 | described or depicted in the offending conduct or material; | ||||||
9 | (10) child pornography or aggravated child | ||||||
10 | pornography: any child, or severely or profoundly | ||||||
11 | intellectually disabled person, who appears in or is | ||||||
12 | described or depicted in the offending conduct or material; | ||||||
13 | or | ||||||
14 | (11) trafficking of persons or involuntary servitude: | ||||||
15 | a "trafficking victim" as defined in Section 10-9 of the | ||||||
16 | Criminal Code of 1961.
| ||||||
17 | (Source: P.A. 96-710, eff. 1-1-10; 96-1551, eff. 7-1-11; | ||||||
18 | 97-227, eff. 1-1-12; revised 9-15-11.)
| ||||||
19 | Section 15-90. The Illinois Marriage and Dissolution of | ||||||
20 | Marriage Act is amended by changing Section 503 as follows:
| ||||||
21 | (750 ILCS 5/503) (from Ch. 40, par. 503)
| ||||||
22 | Sec. 503. Disposition of property.
| ||||||
23 | (a) For purposes of this Act, "marital property" means all | ||||||
24 | property acquired
by either spouse subsequent to the marriage, |
| |||||||
| |||||||
1 | except the following, which is
known as "non-marital property":
| ||||||
2 | (1) property acquired by gift, legacy or descent;
| ||||||
3 | (2) property acquired in exchange for property | ||||||
4 | acquired before the
marriage or in exchange for property | ||||||
5 | acquired by gift, legacy or descent;
| ||||||
6 | (3) property acquired by a spouse after a judgment of | ||||||
7 | legal separation;
| ||||||
8 | (4) property excluded by valid agreement of the | ||||||
9 | parties;
| ||||||
10 | (5) any judgment or property obtained by judgment | ||||||
11 | awarded to a spouse
from the other spouse;
| ||||||
12 | (6) property acquired before the marriage;
| ||||||
13 | (7) the increase in value of property acquired by a | ||||||
14 | method listed in
paragraphs (1) through (6) of this | ||||||
15 | subsection, irrespective of whether the
increase results | ||||||
16 | from a contribution of marital property, non-marital | ||||||
17 | property,
the personal effort of a spouse, or otherwise, | ||||||
18 | subject to the right of
reimbursement provided in | ||||||
19 | subsection (c) of this Section; and
| ||||||
20 | (8) income from property acquired by a method listed in | ||||||
21 | paragraphs (1)
through (7) of this subsection if the income | ||||||
22 | is not attributable to the
personal effort of a spouse.
| ||||||
23 | (b)(1) For purposes of distribution of property pursuant to | ||||||
24 | this
Section, all property acquired by either spouse after the | ||||||
25 | marriage and before a
judgment of dissolution of marriage or | ||||||
26 | declaration of invalidity of marriage,
including non-marital |
| |||||||
| |||||||
1 | property transferred into some form of co-ownership
between the | ||||||
2 | spouses, is presumed to be marital property, regardless of | ||||||
3 | whether
title is held individually or by the spouses in some | ||||||
4 | form of co-ownership such
as joint tenancy, tenancy in common, | ||||||
5 | tenancy by the entirety, or community
property. The presumption | ||||||
6 | of marital property is overcome by a showing that
the property | ||||||
7 | was acquired by a method listed in subsection (a) of this | ||||||
8 | Section.
| ||||||
9 | (2) For purposes of distribution of property pursuant to | ||||||
10 | this Section,
all pension benefits (including pension benefits | ||||||
11 | under the Illinois Pension
Code) acquired by either spouse | ||||||
12 | after the marriage and before a judgment of
dissolution of | ||||||
13 | marriage or declaration of invalidity of the marriage are
| ||||||
14 | presumed to be marital property, regardless of which spouse | ||||||
15 | participates in the
pension plan. The presumption that these | ||||||
16 | pension benefits are marital property
is overcome by a showing | ||||||
17 | that the pension benefits were acquired by a method
listed in | ||||||
18 | subsection (a) of this Section. The right to a division of | ||||||
19 | pension
benefits in just proportions under this Section is | ||||||
20 | enforceable under Section
1-119 of the Illinois Pension Code.
| ||||||
21 | The value of pension benefits in a retirement system | ||||||
22 | subject to the Illinois
Pension Code shall be determined in | ||||||
23 | accordance with the valuation procedures
established by the | ||||||
24 | retirement system.
| ||||||
25 | The recognition of pension benefits as marital property and | ||||||
26 | the division of
those benefits pursuant to a Qualified Illinois |
| |||||||
| |||||||
1 | Domestic Relations Order shall
not be deemed to be a | ||||||
2 | diminishment, alienation, or impairment of those
benefits. The | ||||||
3 | division of pension benefits is an allocation of property in
| ||||||
4 | which each spouse has a species of common ownership.
| ||||||
5 | (3) For purposes of distribution of property under this | ||||||
6 | Section, all stock
options granted to either spouse after the | ||||||
7 | marriage and before a judgment of
dissolution of marriage or | ||||||
8 | declaration of invalidity of marriage, whether
vested or | ||||||
9 | non-vested or whether their value is ascertainable, are | ||||||
10 | presumed to
be marital property. This presumption of marital | ||||||
11 | property is overcome by a
showing that the stock options were | ||||||
12 | acquired by a method listed in subsection
(a) of this Section. | ||||||
13 | The court shall allocate stock options between the
parties at | ||||||
14 | the time of the judgment of dissolution of marriage or | ||||||
15 | declaration
of invalidity of marriage recognizing that the | ||||||
16 | value of the stock options may
not be then determinable and | ||||||
17 | that the actual division of the options may not
occur until a | ||||||
18 | future date. In making the allocation between the parties, the
| ||||||
19 | court shall consider, in addition to the factors set forth in | ||||||
20 | subsection (d) of
this Section, the following:
| ||||||
21 | (i) All circumstances underlying the grant of the stock | ||||||
22 | option including
but not limited to whether the grant was | ||||||
23 | for past, present, or future efforts,
or any combination | ||||||
24 | thereof.
| ||||||
25 | (ii) The length of time from the grant of the option to | ||||||
26 | the time the
option is exercisable.
|
| |||||||
| |||||||
1 | (b-5) As to any policy of life insurance insuring the life | ||||||
2 | of either spouse, or any interest in such policy, that | ||||||
3 | constitutes marital property, whether whole life, term life, | ||||||
4 | group term life, universal life, or other form of life
| ||||||
5 | insurance policy, and whether or not the value is | ||||||
6 | ascertainable, the court shall allocate ownership, death | ||||||
7 | benefits or the
right to assign death benefits, and the | ||||||
8 | obligation for premium payments, if any, equitably between the | ||||||
9 | parties at the
time of the judgment for dissolution or | ||||||
10 | declaration of invalidity of marriage. | ||||||
11 | (c) Commingled marital and non-marital property shall be | ||||||
12 | treated in
the following manner, unless otherwise agreed by the | ||||||
13 | spouses:
| ||||||
14 | (1) When marital and non-marital property are | ||||||
15 | commingled by contributing
one estate of property into | ||||||
16 | another resulting in a loss of identity of the
contributed | ||||||
17 | property, the classification of the contributed property | ||||||
18 | is
transmuted to the estate receiving the contribution, | ||||||
19 | subject to the provisions
of paragraph (2) of this | ||||||
20 | subsection; provided that if marital and non-marital
| ||||||
21 | property are commingled into newly acquired property | ||||||
22 | resulting in a loss
of identity of the contributing | ||||||
23 | estates, the commingled property shall be
deemed | ||||||
24 | transmuted to marital property, subject to the provisions | ||||||
25 | of paragraph
(2) of this subsection.
| ||||||
26 | (2) When one estate of property makes a contribution to |
| |||||||
| |||||||
1 | another estate
of property, or when a spouse contributes | ||||||
2 | personal effort to non-marital
property, the contributing | ||||||
3 | estate shall be reimbursed from the estate receiving
the | ||||||
4 | contribution notwithstanding any transmutation; provided, | ||||||
5 | that no such
reimbursement shall be made with respect to a | ||||||
6 | contribution which is not
retraceable by clear and | ||||||
7 | convincing evidence, or was a gift, or, in the
case of a | ||||||
8 | contribution of personal effort of a spouse to non-marital | ||||||
9 | property,
unless the effort is significant and results in | ||||||
10 | substantial appreciation
of the non-marital property. | ||||||
11 | Personal effort of a spouse shall be deemed
a contribution | ||||||
12 | by the marital estate. The court may provide for | ||||||
13 | reimbursement
out of the marital property to be divided or | ||||||
14 | by imposing a lien against the
non-marital property which | ||||||
15 | received the contribution.
| ||||||
16 | (d) In a proceeding for dissolution of marriage or | ||||||
17 | declaration of invalidity
of marriage, or in a proceeding for | ||||||
18 | disposition of property following
dissolution of marriage by a | ||||||
19 | court which lacked personal jurisdiction over the
absent spouse | ||||||
20 | or lacked jurisdiction to dispose of the property, the court
| ||||||
21 | shall assign each spouse's non-marital property to that spouse. | ||||||
22 | It also shall
divide the marital property without regard to | ||||||
23 | marital misconduct in just
proportions considering all | ||||||
24 | relevant factors, including:
| ||||||
25 | (1) the contribution of each party to the acquisition, | ||||||
26 | preservation, or
increase or decrease in value of the |
| |||||||
| |||||||
1 | marital or non-marital property, including
(i) any such | ||||||
2 | decrease attributable to a payment deemed to have been an | ||||||
3 | advance from the parties' marital estate under subsection | ||||||
4 | (c-1)(2) of Section 501 and (ii) the contribution of a | ||||||
5 | spouse as a homemaker or to the family unit;
| ||||||
6 | (2) the dissipation by each party of the marital or | ||||||
7 | non-marital property;
| ||||||
8 | (3) the value of the property assigned to each spouse;
| ||||||
9 | (4) the duration of the marriage;
| ||||||
10 | (5) the relevant economic circumstances of each spouse | ||||||
11 | when the division
of property is to become effective, | ||||||
12 | including the desirability of awarding
the family home, or | ||||||
13 | the right to live therein for reasonable periods, to the
| ||||||
14 | spouse having custody of the children;
| ||||||
15 | (6) any obligations and rights arising from a prior | ||||||
16 | marriage
of either party;
| ||||||
17 | (7) any antenuptial agreement of the parties;
| ||||||
18 | (8) the age, health, station, occupation, amount and | ||||||
19 | sources of income,
vocational skills, employability, | ||||||
20 | estate, liabilities, and needs of each of the
parties;
| ||||||
21 | (9) the custodial provisions for any children;
| ||||||
22 | (10) whether the apportionment is in lieu of or in | ||||||
23 | addition to
maintenance;
| ||||||
24 | (11) the reasonable opportunity of each spouse for | ||||||
25 | future acquisition
of capital assets and income; and
| ||||||
26 | (12) the tax consequences of the property division upon |
| |||||||
| |||||||
1 | the
respective economic circumstances of the parties.
| ||||||
2 | (e) Each spouse has a species of common ownership in the | ||||||
3 | marital property
which vests at the time dissolution | ||||||
4 | proceedings are commenced and continues
only during the | ||||||
5 | pendency of the action. Any such interest in marital property
| ||||||
6 | shall not encumber that property so as to restrict its | ||||||
7 | transfer, assignment
or conveyance by the title holder unless | ||||||
8 | such title holder is specifically
enjoined from making such | ||||||
9 | transfer, assignment or conveyance.
| ||||||
10 | (f) In a proceeding for dissolution of marriage or | ||||||
11 | declaration of
invalidity of marriage or in a proceeding for | ||||||
12 | disposition of property
following dissolution of marriage by a | ||||||
13 | court that lacked personal
jurisdiction over the absent spouse | ||||||
14 | or lacked jurisdiction to dispose of
the property, the court, | ||||||
15 | in determining the value of the marital and
non-marital | ||||||
16 | property for purposes of dividing the property, shall value the
| ||||||
17 | property as of the date of trial or some other date as close to | ||||||
18 | the date
of trial as is practicable.
| ||||||
19 | (g) The court if necessary to protect and promote the best | ||||||
20 | interests of the
children may set aside a portion of the | ||||||
21 | jointly or separately held
estates of the parties in a separate | ||||||
22 | fund or trust for the support,
maintenance, education, physical | ||||||
23 | and mental health, and general welfare of any minor, dependent,
| ||||||
24 | or incompetent child of the parties. In making a determination | ||||||
25 | under this
subsection, the court may consider, among other | ||||||
26 | things, the conviction of a
party of any of the offenses set |
| |||||||
| |||||||
1 | forth in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||||||
2 | 12-3.3, 12-4, 12-4.1,
12-4.2, 12-4.3,
12-13, 12-14, 12-14.1, | ||||||
3 | 12-15, or 12-16, or Section 12-3.05 except for subdivision | ||||||
4 | (a)(4) or (g)(1), of the Criminal Code of 1961 if the
victim is | ||||||
5 | a
child of one or both of the parties, and there is a need for, | ||||||
6 | and cost of,
care, healing and counseling for the child who is | ||||||
7 | the victim of the crime.
| ||||||
8 | (h) Unless specifically directed by a reviewing court, or | ||||||
9 | upon good
cause shown, the court shall not on remand consider | ||||||
10 | any increase or
decrease in the value of any "marital" or | ||||||
11 | "non-marital" property occurring
since the assessment of such | ||||||
12 | property at the original trial or hearing, but
shall use only | ||||||
13 | that assessment made at the original trial or hearing.
| ||||||
14 | (i) The court may make such judgments affecting the marital | ||||||
15 | property
as may be just and may enforce such judgments by | ||||||
16 | ordering a sale of marital
property, with proceeds therefrom to | ||||||
17 | be applied as determined by the court.
| ||||||
18 | (j) After proofs have closed in the final hearing on all | ||||||
19 | other issues
between the parties (or in conjunction with the | ||||||
20 | final hearing, if all parties
so stipulate) and before judgment | ||||||
21 | is entered, a party's petition for
contribution to fees and | ||||||
22 | costs incurred in the proceeding shall be heard and
decided, in | ||||||
23 | accordance with the following provisions:
| ||||||
24 | (1) A petition for contribution, if not filed before | ||||||
25 | the final hearing
on other issues between the parties, | ||||||
26 | shall be filed no later than 30 days after
the closing of |
| |||||||
| |||||||
1 | proofs in the final hearing or within such other period as | ||||||
2 | the
court orders.
| ||||||
3 | (2) Any award of contribution to one party from the | ||||||
4 | other party shall be
based on the criteria for division of | ||||||
5 | marital property under this Section 503
and, if maintenance | ||||||
6 | has been awarded, on the criteria for an award of
| ||||||
7 | maintenance under Section 504.
| ||||||
8 | (3) The filing of a petition for contribution shall not | ||||||
9 | be deemed to
constitute a waiver of the attorney-client | ||||||
10 | privilege between the petitioning
party and current or | ||||||
11 | former counsel; and such a waiver shall not constitute a
| ||||||
12 | prerequisite to a hearing for contribution. If either | ||||||
13 | party's presentation on
contribution, however, includes | ||||||
14 | evidence within the scope of the
attorney-client | ||||||
15 | privilege, the disclosure or disclosures shall be narrowly
| ||||||
16 | construed and shall not be deemed by the court to | ||||||
17 | constitute a general waiver
of the privilege as to matters | ||||||
18 | beyond the scope of the presentation.
| ||||||
19 | (4) No finding on which a contribution award is based | ||||||
20 | or denied shall be
asserted against counsel or former | ||||||
21 | counsel for purposes of any hearing under
subsection (c) or | ||||||
22 | (e) of Section 508.
| ||||||
23 | (5) A contribution award (payable to either the | ||||||
24 | petitioning
party or the party's counsel, or jointly, as | ||||||
25 | the court determines) may be in
the form of either a set | ||||||
26 | dollar amount or a percentage of fees and costs (or a
|
| |||||||
| |||||||
1 | portion of fees and costs) to be subsequently agreed upon | ||||||
2 | by the petitioning
party and counsel or, alternatively, | ||||||
3 | thereafter determined in a hearing
pursuant to subsection | ||||||
4 | (c) of Section 508 or previously or thereafter
determined | ||||||
5 | in an independent proceeding under subsection (e) of | ||||||
6 | Section
508.
| ||||||
7 | (6) The changes to this Section 503 made by this | ||||||
8 | amendatory Act of 1996
apply to cases pending on or after | ||||||
9 | June 1, 1997, except as otherwise provided
in Section 508.
| ||||||
10 | (Source: P.A. 95-374, eff. 1-1-08; 96-583, eff. 1-1-10; | ||||||
11 | 96-1551, Article 1, Section 985, eff. 7-1-11; 96-1551, Article | ||||||
12 | 2, Section 1100, eff. 7-1-11; 97-608, eff. 1-1-12; revised | ||||||
13 | 9-26-11.)
| ||||||
14 | Section 15-95. The Adoption Act is amended by changing | ||||||
15 | Section 1 as follows:
| ||||||
16 | (750 ILCS 50/1) (from Ch. 40, par. 1501)
| ||||||
17 | Sec. 1. Definitions. When used in this Act, unless the | ||||||
18 | context
otherwise requires:
| ||||||
19 | A. "Child" means a person under legal age subject to | ||||||
20 | adoption under
this Act.
| ||||||
21 | B. "Related child" means a child subject to adoption where | ||||||
22 | either or both of
the adopting parents stands in any of the | ||||||
23 | following relationships to the child
by blood or marriage: | ||||||
24 | parent, grand-parent, brother, sister, step-parent,
|
| |||||||
| |||||||
1 | step-grandparent, step-brother, step-sister, uncle, aunt, | ||||||
2 | great-uncle,
great-aunt, or cousin of first degree. A child | ||||||
3 | whose parent has executed
a final irrevocable consent to | ||||||
4 | adoption or a final irrevocable surrender
for purposes of | ||||||
5 | adoption, or whose parent has had his or her parental rights
| ||||||
6 | terminated, is not a related child to that person, unless the | ||||||
7 | consent is
determined to be void or is void pursuant to | ||||||
8 | subsection O of Section 10.
| ||||||
9 | C. "Agency" for the purpose of this Act means a public | ||||||
10 | child welfare agency
or a licensed child welfare agency.
| ||||||
11 | D. "Unfit person" means any person whom the court shall | ||||||
12 | find to be unfit
to have a child, without regard to the | ||||||
13 | likelihood that the child will be
placed for adoption. The | ||||||
14 | grounds of unfitness are any one or more
of the following, | ||||||
15 | except that a person shall not be considered an unfit
person | ||||||
16 | for the sole reason that the person has relinquished a child in
| ||||||
17 | accordance with the Abandoned Newborn Infant Protection Act:
| ||||||
18 | (a) Abandonment of the child.
| ||||||
19 | (a-1) Abandonment of a newborn infant in a hospital.
| ||||||
20 | (a-2) Abandonment of a newborn infant in any setting | ||||||
21 | where the evidence
suggests that the parent intended to | ||||||
22 | relinquish his or her parental rights.
| ||||||
23 | (b) Failure to maintain a reasonable degree of | ||||||
24 | interest, concern or
responsibility as to the child's | ||||||
25 | welfare.
| ||||||
26 | (c) Desertion of the child for more than 3 months next |
| |||||||
| |||||||
1 | preceding the
commencement of the Adoption proceeding.
| ||||||
2 | (d) Substantial neglect
of the
child if continuous or | ||||||
3 | repeated.
| ||||||
4 | (d-1) Substantial neglect, if continuous or repeated, | ||||||
5 | of any child
residing in the household which resulted in | ||||||
6 | the death of that child.
| ||||||
7 | (e) Extreme or repeated cruelty to the child.
| ||||||
8 | (f) There is a rebuttable presumption, which can be | ||||||
9 | overcome only by clear and convincing evidence, that a | ||||||
10 | parent is unfit if:
| ||||||
11 | (1) Two or more findings of physical abuse have | ||||||
12 | been entered regarding any children under Section 2-21 | ||||||
13 | of the Juvenile Court Act
of 1987, the most recent of | ||||||
14 | which was determined by the juvenile court
hearing the | ||||||
15 | matter to be supported by clear and convincing | ||||||
16 | evidence; or | ||||||
17 | (2) The parent has been convicted or found not | ||||||
18 | guilty by reason of insanity and the conviction or | ||||||
19 | finding resulted from the death of any child by | ||||||
20 | physical abuse; or
| ||||||
21 | (3) There is a finding of physical child abuse | ||||||
22 | resulting from the death of any
child under Section | ||||||
23 | 2-21 of the
Juvenile Court Act of 1987. | ||||||
24 | No conviction or finding of delinquency pursuant | ||||||
25 | to Article 5 of the Juvenile Court Act of 1987 shall be | ||||||
26 | considered a criminal conviction for the purpose of |
| |||||||
| |||||||
1 | applying any presumption under this item (f).
| ||||||
2 | (g) Failure to protect the child from conditions within | ||||||
3 | his environment
injurious to the child's welfare.
| ||||||
4 | (h) Other neglect of, or misconduct toward the child; | ||||||
5 | provided that in
making a finding of unfitness the court | ||||||
6 | hearing the adoption proceeding
shall not be bound by any | ||||||
7 | previous finding, order or judgment affecting
or | ||||||
8 | determining the rights of the parents toward the child | ||||||
9 | sought to be adopted
in any other proceeding except such | ||||||
10 | proceedings terminating parental rights
as shall be had | ||||||
11 | under either this Act, the Juvenile Court Act or
the | ||||||
12 | Juvenile Court Act of 1987.
| ||||||
13 | (i) Depravity. Conviction of any one of the following
| ||||||
14 | crimes shall create a presumption that a parent is depraved | ||||||
15 | which can be
overcome only by clear and convincing | ||||||
16 | evidence:
(1) first degree murder in violation of paragraph | ||||||
17 | 1 or
2 of subsection (a) of Section 9-1 of the Criminal | ||||||
18 | Code of 1961 or conviction
of second degree murder in | ||||||
19 | violation of subsection (a) of Section 9-2 of the
Criminal | ||||||
20 | Code of 1961 of a parent of the child to be adopted; (2)
| ||||||
21 | first degree murder or second degree murder of any child in
| ||||||
22 | violation of the Criminal Code of 1961; (3)
attempt or | ||||||
23 | conspiracy to commit first degree murder or second degree | ||||||
24 | murder
of any child in violation of the Criminal Code of | ||||||
25 | 1961; (4)
solicitation to commit murder of any child, | ||||||
26 | solicitation to
commit murder of any child for hire, or |
| |||||||
| |||||||
1 | solicitation to commit second
degree murder of any child in | ||||||
2 | violation of the Criminal Code of 1961; (5)
predatory | ||||||
3 | criminal sexual assault of a child in violation of
Section | ||||||
4 | 11-1.40 or 12-14.1 of the Criminal Code of 1961; (6) | ||||||
5 | heinous battery of any child in violation of the Criminal | ||||||
6 | Code of 1961; or (7) aggravated battery of any child in | ||||||
7 | violation of the Criminal Code of 1961.
| ||||||
8 | There is a rebuttable presumption that a parent is | ||||||
9 | depraved if the parent
has been criminally convicted of at | ||||||
10 | least 3 felonies under the laws of this
State or any other | ||||||
11 | state, or under federal law, or the criminal laws of any
| ||||||
12 | United States territory; and at least
one of these
| ||||||
13 | convictions took place within 5 years of the filing of the | ||||||
14 | petition or motion
seeking termination of parental rights.
| ||||||
15 | There is a rebuttable presumption that a parent is | ||||||
16 | depraved if that
parent
has
been criminally convicted of | ||||||
17 | either first or second degree murder of any person
as | ||||||
18 | defined in the Criminal Code of 1961 within 10 years of the | ||||||
19 | filing date of
the petition or motion to terminate parental | ||||||
20 | rights. | ||||||
21 | No conviction or finding of delinquency pursuant to | ||||||
22 | Article 5 of the Juvenile Court Act of 1987 shall be | ||||||
23 | considered a criminal conviction for the purpose of | ||||||
24 | applying any presumption under this item (i).
| ||||||
25 | (j) Open and notorious adultery or fornication.
| ||||||
26 | (j-1) (Blank).
|
| |||||||
| |||||||
1 | (k) Habitual drunkenness or addiction to drugs, other | ||||||
2 | than those
prescribed by a physician, for at least one year | ||||||
3 | immediately
prior to the commencement of the unfitness | ||||||
4 | proceeding.
| ||||||
5 | There is a rebuttable presumption that a parent is | ||||||
6 | unfit under this
subsection
with respect to any child to | ||||||
7 | which that parent gives birth where there is a
confirmed
| ||||||
8 | test result that at birth the child's blood, urine, or | ||||||
9 | meconium contained any
amount of a controlled substance as | ||||||
10 | defined in subsection (f) of Section 102 of
the Illinois | ||||||
11 | Controlled Substances Act or metabolites of such | ||||||
12 | substances, the
presence of which in the newborn infant was | ||||||
13 | not the result of medical treatment
administered to the | ||||||
14 | mother or the newborn infant; and the biological mother of
| ||||||
15 | this child is the biological mother of at least one other | ||||||
16 | child who was
adjudicated a neglected minor under | ||||||
17 | subsection (c) of Section 2-3 of the
Juvenile Court Act of | ||||||
18 | 1987.
| ||||||
19 | (l) Failure to demonstrate a reasonable degree of | ||||||
20 | interest, concern or
responsibility as to the welfare of a | ||||||
21 | new born child during the first 30
days after its birth.
| ||||||
22 | (m) Failure by a parent (i) to make reasonable efforts | ||||||
23 | to correct the
conditions that were the basis for the | ||||||
24 | removal of the child from the
parent, or (ii) to make | ||||||
25 | reasonable progress toward the return of the child
to
the | ||||||
26 | parent within 9 months after an adjudication of neglected |
| |||||||
| |||||||
1 | or abused
minor under Section 2-3 of the Juvenile Court Act | ||||||
2 | of 1987 or dependent
minor under Section 2-4 of that Act, | ||||||
3 | or (iii) to make reasonable progress
toward the return of | ||||||
4 | the
child to the parent during any 9-month period after the | ||||||
5 | end of the initial
9-month period following the | ||||||
6 | adjudication of
neglected or abused minor under Section 2-3 | ||||||
7 | of the Juvenile Court
Act of 1987 or dependent minor under | ||||||
8 | Section 2-4 of that Act.
If a service plan has been | ||||||
9 | established as
required under
Section 8.2 of the Abused and | ||||||
10 | Neglected Child Reporting Act to correct the
conditions | ||||||
11 | that were the basis for the removal of the child from the | ||||||
12 | parent
and if those services were available,
then, for | ||||||
13 | purposes of this Act, "failure to make reasonable progress | ||||||
14 | toward the
return of the child to the parent" includes (I) | ||||||
15 | the parent's failure to
substantially fulfill his or her | ||||||
16 | obligations under the
service plan and correct the | ||||||
17 | conditions that brought the child into care
within 9 months | ||||||
18 | after the adjudication under Section 2-3 or 2-4
of the | ||||||
19 | Juvenile Court Act of 1987
and (II) the parent's failure to | ||||||
20 | substantially fulfill his or her obligations
under
the | ||||||
21 | service plan and correct the conditions that brought the | ||||||
22 | child into care
during any 9-month period after the end of | ||||||
23 | the initial 9-month period
following the adjudication | ||||||
24 | under Section 2-3 or 2-4 of the Juvenile Court
Act of 1987. | ||||||
25 | Notwithstanding any other provision, when a petition or | ||||||
26 | motion seeks to terminate parental rights on the basis of |
| |||||||
| |||||||
1 | item (iii) of this subsection (m), the petitioner shall | ||||||
2 | file with the court and serve on the parties a pleading | ||||||
3 | that specifies the 9-month period or periods relied on. The | ||||||
4 | pleading shall be filed and served on the parties no later | ||||||
5 | than 3 weeks before the date set by the court for closure | ||||||
6 | of discovery, and the allegations in the pleading shall be | ||||||
7 | treated as incorporated into the petition or motion. | ||||||
8 | Failure of a respondent to file a written denial of the | ||||||
9 | allegations in the pleading shall not be treated as an | ||||||
10 | admission that the allegations are true.
| ||||||
11 | (m-1) Pursuant to the Juvenile Court Act of 1987, a | ||||||
12 | child
has been in foster care for 15 months out of any 22 | ||||||
13 | month period which begins
on or after the effective date of | ||||||
14 | this amendatory Act of 1998 unless the
child's parent can | ||||||
15 | prove
by a preponderance of the evidence that it is more | ||||||
16 | likely than not that it will
be in the best interests of | ||||||
17 | the child to be returned to the parent within 6
months of | ||||||
18 | the date on which a petition for termination of parental | ||||||
19 | rights is
filed under the Juvenile Court Act of 1987. The | ||||||
20 | 15 month time limit is tolled
during
any period for which | ||||||
21 | there is a court finding that the appointed custodian or
| ||||||
22 | guardian failed to make reasonable efforts to reunify the | ||||||
23 | child with his or her
family, provided that (i) the finding | ||||||
24 | of no reasonable efforts is made within
60 days of the | ||||||
25 | period when reasonable efforts were not made or (ii) the | ||||||
26 | parent
filed a motion requesting a finding of no reasonable |
| |||||||
| |||||||
1 | efforts within 60 days of
the period when reasonable | ||||||
2 | efforts were not made. For purposes of this
subdivision | ||||||
3 | (m-1), the date of entering foster care is the earlier of: | ||||||
4 | (i) the
date of
a judicial finding at an adjudicatory | ||||||
5 | hearing that the child is an abused,
neglected, or | ||||||
6 | dependent minor; or (ii) 60 days after the date on which | ||||||
7 | the
child is removed from his or her parent, guardian, or | ||||||
8 | legal custodian.
| ||||||
9 | (n) Evidence of intent to forgo his or her parental | ||||||
10 | rights,
whether or
not the child is a ward of the court, | ||||||
11 | (1) as manifested
by his or her failure for a period of 12 | ||||||
12 | months: (i) to visit the child,
(ii) to communicate with | ||||||
13 | the child or agency, although able to do so and
not | ||||||
14 | prevented from doing so by an agency or by court order, or | ||||||
15 | (iii) to
maintain contact with or plan for the future of | ||||||
16 | the child, although physically
able to do so, or (2) as | ||||||
17 | manifested by the father's failure, where he
and the mother | ||||||
18 | of the child were unmarried to each other at the time of | ||||||
19 | the
child's birth, (i) to commence legal proceedings to | ||||||
20 | establish his paternity
under the Illinois Parentage Act of | ||||||
21 | 1984 or the law of the jurisdiction of
the child's birth | ||||||
22 | within 30 days of being informed, pursuant to Section 12a
| ||||||
23 | of this Act, that he is the father or the likely father of | ||||||
24 | the child or,
after being so informed where the child is | ||||||
25 | not yet born, within 30 days of
the child's birth, or (ii) | ||||||
26 | to make a good faith effort to pay a reasonable
amount of |
| |||||||
| |||||||
1 | the expenses related to the birth of the child and to | ||||||
2 | provide a
reasonable amount for the financial support of | ||||||
3 | the child, the court to
consider in its determination all | ||||||
4 | relevant circumstances, including the
financial condition | ||||||
5 | of both parents; provided that the ground for
termination | ||||||
6 | provided in this subparagraph (n)(2)(ii) shall only be
| ||||||
7 | available where the petition is brought by the mother or | ||||||
8 | the husband of
the mother.
| ||||||
9 | Contact or communication by a parent with his or her | ||||||
10 | child that does not
demonstrate affection and concern does | ||||||
11 | not constitute reasonable contact
and planning under | ||||||
12 | subdivision (n). In the absence of evidence to the
| ||||||
13 | contrary, the ability to visit, communicate, maintain | ||||||
14 | contact, pay
expenses and plan for the future shall be | ||||||
15 | presumed. The subjective intent
of the parent, whether | ||||||
16 | expressed or otherwise, unsupported by evidence of
the | ||||||
17 | foregoing parental acts manifesting that intent, shall not | ||||||
18 | preclude a
determination that the parent has intended to | ||||||
19 | forgo his or her
parental
rights. In making this | ||||||
20 | determination, the court may consider but shall not
require | ||||||
21 | a showing of diligent efforts by an authorized agency to | ||||||
22 | encourage
the parent to perform the acts specified in | ||||||
23 | subdivision (n).
| ||||||
24 | It shall be an affirmative defense to any allegation | ||||||
25 | under paragraph
(2) of this subsection that the father's | ||||||
26 | failure was due to circumstances
beyond his control or to |
| |||||||
| |||||||
1 | impediments created by the mother or any other
person | ||||||
2 | having legal custody. Proof of that fact need only be by a
| ||||||
3 | preponderance of the evidence.
| ||||||
4 | (o) Repeated or continuous failure by the parents, | ||||||
5 | although physically
and financially able, to provide the | ||||||
6 | child with adequate food, clothing,
or shelter.
| ||||||
7 | (p) Inability to discharge parental responsibilities | ||||||
8 | supported by
competent evidence from a psychiatrist, | ||||||
9 | licensed clinical social
worker, or clinical psychologist | ||||||
10 | of mental
impairment, mental illness or an intellectual | ||||||
11 | disability as defined in Section
1-116 of the Mental Health | ||||||
12 | and Developmental Disabilities Code, or
developmental | ||||||
13 | disability as defined in Section 1-106 of that Code, and
| ||||||
14 | there is sufficient justification to believe that the | ||||||
15 | inability to
discharge parental responsibilities shall | ||||||
16 | extend beyond a reasonable
time period. However, this | ||||||
17 | subdivision (p) shall not be construed so as to
permit a | ||||||
18 | licensed clinical social worker to conduct any medical | ||||||
19 | diagnosis to
determine mental illness or mental | ||||||
20 | impairment.
| ||||||
21 | (q) (Blank).
| ||||||
22 | (r) The child is in the temporary custody or | ||||||
23 | guardianship of the
Department of Children and Family | ||||||
24 | Services, the parent is incarcerated as a
result of | ||||||
25 | criminal conviction at the time the petition or motion for
| ||||||
26 | termination of parental rights is filed, prior to |
| |||||||
| |||||||
1 | incarceration the parent had
little or no contact with the | ||||||
2 | child or provided little or no support for the
child, and | ||||||
3 | the parent's incarceration will prevent the parent from | ||||||
4 | discharging
his or her parental responsibilities for the | ||||||
5 | child for a period in excess of 2
years after the filing of | ||||||
6 | the petition or motion for termination of parental
rights.
| ||||||
7 | (s) The child is in the temporary custody or | ||||||
8 | guardianship of the
Department of Children and Family | ||||||
9 | Services, the parent is incarcerated at the
time the | ||||||
10 | petition or motion for termination of parental rights is | ||||||
11 | filed, the
parent has been repeatedly incarcerated as a | ||||||
12 | result of criminal convictions,
and the parent's repeated | ||||||
13 | incarceration has prevented the parent from
discharging | ||||||
14 | his or her parental responsibilities for the child.
| ||||||
15 | (t) A finding that at birth the child's blood,
urine, | ||||||
16 | or meconium contained any amount of a controlled substance | ||||||
17 | as
defined in subsection (f) of Section 102 of the Illinois | ||||||
18 | Controlled Substances
Act, or a metabolite of a controlled | ||||||
19 | substance, with the exception of
controlled substances or | ||||||
20 | metabolites of such substances, the presence of which
in | ||||||
21 | the newborn infant was the result of medical treatment | ||||||
22 | administered to the
mother or the newborn infant, and that | ||||||
23 | the biological mother of this child is
the biological | ||||||
24 | mother of at least one other child who was adjudicated a
| ||||||
25 | neglected minor under subsection (c) of Section 2-3 of the | ||||||
26 | Juvenile Court Act
of 1987, after which the biological |
| |||||||
| |||||||
1 | mother had the opportunity to enroll in
and participate in | ||||||
2 | a clinically appropriate substance abuse
counseling, | ||||||
3 | treatment, and rehabilitation program.
| ||||||
4 | E. "Parent" means the father or mother of a lawful child of | ||||||
5 | the parties or child born out of wedlock. For the purpose of | ||||||
6 | this Act, a person who has executed a final and
irrevocable | ||||||
7 | consent to adoption or a final and irrevocable surrender for
| ||||||
8 | purposes of adoption, or whose parental rights have been | ||||||
9 | terminated by a
court, is not a parent of the child who was the | ||||||
10 | subject of the consent or
surrender, unless the consent is void | ||||||
11 | pursuant to subsection O of Section 10.
| ||||||
12 | F. A person is available for adoption when the person is:
| ||||||
13 | (a) a child who has been surrendered for adoption to an | ||||||
14 | agency and to
whose adoption the agency has thereafter | ||||||
15 | consented;
| ||||||
16 | (b) a child to whose adoption a person authorized by | ||||||
17 | law, other than his
parents, has consented, or to whose | ||||||
18 | adoption no consent is required pursuant
to Section 8 of | ||||||
19 | this Act;
| ||||||
20 | (c) a child who is in the custody of persons who intend | ||||||
21 | to adopt him
through placement made by his parents;
| ||||||
22 | (c-1) a child for whom a parent has signed a specific | ||||||
23 | consent pursuant
to subsection O of Section 10;
| ||||||
24 | (d) an adult who meets the conditions set forth in | ||||||
25 | Section 3 of this
Act; or
| ||||||
26 | (e) a child who has been relinquished as defined in |
| |||||||
| |||||||
1 | Section 10 of the
Abandoned Newborn Infant Protection Act.
| ||||||
2 | A person who would otherwise be available for adoption | ||||||
3 | shall not be
deemed unavailable for adoption solely by reason | ||||||
4 | of his or her death.
| ||||||
5 | G. The singular includes the plural and the plural includes
| ||||||
6 | the singular and the "male" includes the "female", as the | ||||||
7 | context of this
Act may require.
| ||||||
8 | H. "Adoption disruption" occurs when an adoptive placement | ||||||
9 | does not
prove successful and it becomes necessary for the | ||||||
10 | child to be removed from
placement before the adoption is | ||||||
11 | finalized.
| ||||||
12 | I. "Foreign placing agency" is an agency or individual | ||||||
13 | operating in a
country or territory outside the United States | ||||||
14 | that is authorized by its
country to place children for | ||||||
15 | adoption either directly with families in the
United States or | ||||||
16 | through United States based international agencies.
| ||||||
17 | J. "Immediate relatives" means the biological parents, the | ||||||
18 | parents of
the biological parents and siblings of the | ||||||
19 | biological parents.
| ||||||
20 | K. "Intercountry adoption" is a process by which a child | ||||||
21 | from a country
other than the United States is adopted.
| ||||||
22 | L. "Intercountry Adoption Coordinator" is a staff person of | ||||||
23 | the
Department of Children and Family Services appointed by the | ||||||
24 | Director to
coordinate the provision of services by the public | ||||||
25 | and private sector to
prospective parents of foreign-born | ||||||
26 | children.
|
| |||||||
| |||||||
1 | M. "Interstate Compact on the Placement of Children" is a | ||||||
2 | law enacted by
most states for the purpose of establishing | ||||||
3 | uniform procedures for handling
the interstate placement of | ||||||
4 | children in foster homes, adoptive homes, or
other child care | ||||||
5 | facilities.
| ||||||
6 | N. "Non-Compact state" means a state that has not enacted | ||||||
7 | the
Interstate Compact on the Placement of Children.
| ||||||
8 | O. "Preadoption requirements" are any conditions | ||||||
9 | established by the laws
or regulations of the Federal | ||||||
10 | Government or of each state that must be met
prior to the | ||||||
11 | placement of a child in an adoptive home.
| ||||||
12 | P. "Abused child" means a child whose parent or immediate | ||||||
13 | family member,
or any person responsible for the child's | ||||||
14 | welfare, or any individual
residing in the same home as the | ||||||
15 | child, or a paramour of the child's parent:
| ||||||
16 | (a) inflicts, causes to be inflicted, or allows to be | ||||||
17 | inflicted upon
the child physical injury, by other than | ||||||
18 | accidental means, that causes
death, disfigurement, | ||||||
19 | impairment of physical or emotional health, or loss
or | ||||||
20 | impairment of any bodily function;
| ||||||
21 | (b) creates a substantial risk of physical injury to | ||||||
22 | the child by
other than accidental means which would be | ||||||
23 | likely to cause death,
disfigurement, impairment of | ||||||
24 | physical or emotional health, or loss or
impairment of any | ||||||
25 | bodily function;
| ||||||
26 | (c) commits or allows to be committed any sex offense |
| |||||||
| |||||||
1 | against the child,
as sex offenses are defined in the | ||||||
2 | Criminal Code of 1961
and extending those definitions of | ||||||
3 | sex offenses to include children under
18 years of age;
| ||||||
4 | (d) commits or allows to be committed an act or acts of | ||||||
5 | torture upon
the child; or
| ||||||
6 | (e) inflicts excessive corporal punishment.
| ||||||
7 | Q. "Neglected child" means any child whose parent or other | ||||||
8 | person
responsible for the child's welfare withholds or denies | ||||||
9 | nourishment or
medically indicated treatment including food or | ||||||
10 | care denied solely on the
basis of the present or anticipated | ||||||
11 | mental or physical impairment as determined
by a physician | ||||||
12 | acting alone or in consultation with other physicians or
| ||||||
13 | otherwise does not provide the proper or necessary support, | ||||||
14 | education
as required by law, or medical or other remedial care | ||||||
15 | recognized under State
law as necessary for a child's | ||||||
16 | well-being, or other care necessary for his
or her well-being, | ||||||
17 | including adequate food, clothing and shelter; or who
is | ||||||
18 | abandoned by his or her parents or other person responsible for | ||||||
19 | the child's
welfare.
| ||||||
20 | A child shall not be considered neglected or abused for the
| ||||||
21 | sole reason that the child's parent or other person responsible | ||||||
22 | for his
or her welfare depends upon spiritual means through | ||||||
23 | prayer alone for the
treatment or cure of disease or remedial | ||||||
24 | care as provided under Section 4
of the Abused and Neglected | ||||||
25 | Child Reporting Act.
A child shall not be considered neglected | ||||||
26 | or abused for the sole reason that
the child's parent or other |
| |||||||
| |||||||
1 | person responsible for the child's welfare failed
to vaccinate, | ||||||
2 | delayed vaccination, or refused vaccination for the child
due | ||||||
3 | to a waiver on religious or medical grounds as permitted by | ||||||
4 | law.
| ||||||
5 | R. "Putative father" means a man who may be a child's | ||||||
6 | father, but who (1) is
not married to the child's mother on or | ||||||
7 | before the date that the child was or
is to be born and (2) has | ||||||
8 | not established paternity of the child in a court
proceeding | ||||||
9 | before the filing of a petition for the adoption of the child. | ||||||
10 | The
term includes a male who is less than 18 years of age. | ||||||
11 | "Putative father" does
not mean a man who is the child's father | ||||||
12 | as a result of criminal sexual abuse
or assault as defined | ||||||
13 | under Article 12 of the Criminal Code of 1961.
| ||||||
14 | S. "Standby adoption" means an adoption in which a parent
| ||||||
15 | consents to custody and termination of parental rights to | ||||||
16 | become
effective upon the occurrence of a future event, which | ||||||
17 | is either the death of
the
parent or the request of the parent
| ||||||
18 | for the entry of a final judgment of adoption.
| ||||||
19 | T. (Blank).
| ||||||
20 | (Source: P.A. 96-1551, eff. 7-1-11; 97-227, eff. 1-1-12; | ||||||
21 | revised 9-15-11.)
| ||||||
22 | Section 15-100. The Probate Act of 1975 is amended by | ||||||
23 | changing Sections 2-6.2 and 2-6.6 as follows:
| ||||||
24 | (755 ILCS 5/2-6.2)
|
| |||||||
| |||||||
1 | Sec. 2-6.2. Financial exploitation, abuse, or neglect of an | ||||||
2 | elderly person
or a person with a disability. | ||||||
3 | (a) In this Section:
| ||||||
4 | "Abuse" means any offense described in Section 12-21 or | ||||||
5 | subsection (b) of Section 12-4.4a of the Criminal Code of
1961.
| ||||||
6 | "Financial exploitation" means any offense described in | ||||||
7 | Section 16-1.3 or 17-56 of the
Criminal Code of 1961.
| ||||||
8 | "Neglect" means any offense described in Section 12-19 or | ||||||
9 | subsection (a) of Section 12-4.4a of the Criminal Code
of 1961.
| ||||||
10 | (b) Persons convicted of financial exploitation,
abuse, or | ||||||
11 | neglect of an elderly person or a person with a disability | ||||||
12 | shall not
receive
any property, benefit, or other interest by | ||||||
13 | reason of the
death of that elderly person or person with a | ||||||
14 | disability, whether as heir,
legatee,
beneficiary, survivor, | ||||||
15 | appointee, claimant under Section 18-1.1, or in any other | ||||||
16 | capacity
and whether the property, benefit, or other interest | ||||||
17 | passes
pursuant to any form of title registration, testamentary | ||||||
18 | or
nontestamentary instrument, intestacy, renunciation, or any
| ||||||
19 | other circumstance. The property, benefit, or other
interest | ||||||
20 | shall pass as if the person convicted of the
financial | ||||||
21 | exploitation, abuse, or neglect died before the
decedent, | ||||||
22 | provided that with respect to joint tenancy
property the | ||||||
23 | interest possessed prior to the death by the
person convicted | ||||||
24 | of the financial exploitation, abuse, or
neglect shall not be
| ||||||
25 | diminished by the application of this Section. Notwithstanding | ||||||
26 | the
foregoing, a person convicted of financial exploitation, |
| |||||||
| |||||||
1 | abuse, or neglect of
an elderly person or a person with a | ||||||
2 | disability shall be entitled to receive
property, a benefit, or | ||||||
3 | an
interest in any capacity and under any circumstances | ||||||
4 | described in this
subsection (b) if it is demonstrated by clear | ||||||
5 | and convincing evidence that the
victim of that offense knew of | ||||||
6 | the conviction and subsequent to the
conviction expressed or | ||||||
7 | ratified his or her intent to transfer the property,
benefit, | ||||||
8 | or interest to the person convicted of financial exploitation, | ||||||
9 | abuse,
or
neglect of an elderly person or a person with a | ||||||
10 | disability in any manner
contemplated by this subsection
(b).
| ||||||
11 | (c) (1) The holder of any property subject to the
| ||||||
12 | provisions of this Section shall not be liable for
| ||||||
13 | distributing or releasing the property to the person
| ||||||
14 | convicted of financial exploitation, abuse, or neglect of
| ||||||
15 | an elderly person or a person with a disability if the | ||||||
16 | distribution or release
occurs
prior to the conviction.
| ||||||
17 | (2) If the holder is a financial institution, trust | ||||||
18 | company, trustee, or
similar entity or person, the holder | ||||||
19 | shall not be liable for any distribution
or
release of the | ||||||
20 | property, benefit, or other interest to the person | ||||||
21 | convicted of
a
violation of Section 12-19, 12-21, 16-1.3, | ||||||
22 | or 17-56, or subsection (a) or (b) of Section 12-4.4a, of | ||||||
23 | the Criminal Code of 1961
unless the holder knowingly | ||||||
24 | distributes or releases the property, benefit, or
other | ||||||
25 | interest to the person so convicted after first having | ||||||
26 | received actual
written notice of the conviction in |
| |||||||
| |||||||
1 | sufficient time to act upon the notice.
| ||||||
2 | (d) If the holder of any property subject to the
provisions | ||||||
3 | of this Section knows that a potential beneficiary has been
| ||||||
4 | convicted of financial
exploitation, abuse, or neglect of an | ||||||
5 | elderly person or a person with a
disability within
the scope | ||||||
6 | of this Section, the holder shall fully cooperate
with law | ||||||
7 | enforcement authorities and judicial officers in
connection | ||||||
8 | with any investigation of the financial
exploitation, abuse, or | ||||||
9 | neglect. If the holder is a person or entity that is
subject to | ||||||
10 | regulation by a regulatory agency pursuant to the laws of this | ||||||
11 | or
any other state or pursuant to the laws of the United | ||||||
12 | States, including but not
limited to the business of a | ||||||
13 | financial institution, corporate fiduciary, or
insurance | ||||||
14 | company, then such person or entity shall not be deemed to be | ||||||
15 | in
violation of this Section to the extent that privacy laws | ||||||
16 | and regulations
applicable to such person or entity prevent it | ||||||
17 | from voluntarily providing law
enforcement authorities or | ||||||
18 | judicial officers with information.
| ||||||
19 | (Source: P.A. 95-315, eff. 1-1-08; 96-1551, Article 1, Section | ||||||
20 | 995, eff. 7-1-11; 96-1551, Article 10, Section 10-155, eff. | ||||||
21 | 7-1-11; revised 9-30-11.)
| ||||||
22 | (755 ILCS 5/2-6.6)
| ||||||
23 | Sec. 2-6.6.
Person convicted of certain offenses against | ||||||
24 | the elderly or
disabled. A person who is convicted of a | ||||||
25 | violation of Section 12-19, 12-21, 16-1.3, or 17-56, or |
| |||||||
| |||||||
1 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
2 | of 1961 may not receive any property, benefit, or
other | ||||||
3 | interest by reason of the death of the victim of that offense, | ||||||
4 | whether as
heir, legatee, beneficiary, joint tenant, tenant by | ||||||
5 | the entirety, survivor,
appointee, or in any other capacity and | ||||||
6 | whether the property, benefit, or other
interest passes | ||||||
7 | pursuant to any form of title registration, testamentary or
| ||||||
8 | nontestamentary instrument, intestacy, renunciation, or any | ||||||
9 | other circumstance.
The property, benefit, or other interest | ||||||
10 | shall pass as if the person convicted
of a violation of Section | ||||||
11 | 12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of | ||||||
12 | Section 12-4.4a, of the Criminal Code of 1961
died before the | ||||||
13 | decedent; provided that with respect to joint tenancy property
| ||||||
14 | or property held in tenancy by the entirety, the interest | ||||||
15 | possessed prior to
the death by the person convicted may not
be | ||||||
16 | diminished by the application of this Section. Notwithstanding | ||||||
17 | the
foregoing, a person convicted of a violation of Section | ||||||
18 | 12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of | ||||||
19 | Section 12-4.4a,
of the Criminal Code of 1961 shall be entitled | ||||||
20 | to receive property, a
benefit, or an interest in any capacity | ||||||
21 | and under any circumstances described
in this Section if it is | ||||||
22 | demonstrated by clear and convincing evidence that the
victim | ||||||
23 | of that offense knew of the conviction and subsequent to the
| ||||||
24 | conviction expressed or ratified his or her intent to transfer | ||||||
25 | the property,
benefit, or interest to the person convicted of a | ||||||
26 | violation of Section 12-19,
12-21, 16-1.3, or 17-56, or |
| |||||||
| |||||||
1 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
2 | of 1961 in any manner contemplated
by this Section.
| ||||||
3 | The holder of any property subject to the provisions of | ||||||
4 | this Section
is not liable for distributing or releasing the | ||||||
5 | property to the person
convicted of violating Section 12-19, | ||||||
6 | 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section | ||||||
7 | 12-4.4a, of the Criminal
Code of 1961.
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8 | If the holder is a financial institution, trust company, | ||||||
9 | trustee, or
similar entity or person, the holder shall not be | ||||||
10 | liable for any distribution
or
release of the property, | ||||||
11 | benefit, or other interest to the person convicted of
a | ||||||
12 | violation of Section 12-19, 12-21, 16-1.3, or 17-56, or | ||||||
13 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
14 | of 1961
unless the holder knowingly distributes or releases the | ||||||
15 | property, benefit, or
other interest to the person so convicted | ||||||
16 | after first having received actual
written notice of the | ||||||
17 | conviction in sufficient time to act upon the notice.
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18 | The Department of State Police shall have access to State | ||||||
19 | of Illinois
databases containing information that may help in | ||||||
20 | the identification or
location of persons convicted of the | ||||||
21 | offenses enumerated in this Section.
Interagency agreements | ||||||
22 | shall be implemented, consistent with security and
procedures | ||||||
23 | established by the State agency and consistent with the laws
| ||||||
24 | governing the confidentiality of the information in the | ||||||
25 | databases. Information
shall be used only for administration of | ||||||
26 | this Section.
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1 | (Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11; | ||||||
2 | 96-1551, Article 10, Section 10-155, eff. 7-1-11; revised | ||||||
3 | 9-30-11.)
|