Bill Text: IL HB4091 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the definition of "offense" for the purpose of inchoate offenses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB4091 Detail]

Download: Illinois-2013-HB4091-Amended.html

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Rep. Michael J. Zalewski

Filed: 3/13/2014

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AMENDMENT TO HOUSE BILL 4091
AMENDMENT NO. ______. Amend House Bill 4091 by replacing
everything after the enacting clause with the following:
"Section 5. The Metropolitan Transit Authority Act is
amended by changing Section 28b as follows:
(70 ILCS 3605/28b) (from Ch. 111 2/3, par. 328b)
Sec. 28b. Any person applying for a position as a driver of
a vehicle owned by a private carrier company which provides
public transportation pursuant to an agreement with the
Authority shall be required to authorize an investigation by
the private carrier company to determine if the applicant has
been convicted of any of the following offenses: (i) those
offenses defined in Sections 9-1, 9-1.2, 10-1, 10-2, 10-3.1,
10-4, 10-5, 10-6, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50,
11-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1,
11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,

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11-20.1B, 11-20.3, 11-21, 11-22, 11-30, 12-4.3, 12-4.4,
12-4.5, 12-6, 12-7.1, 12-11, 12-13, 12-14, 12-14.1, 12-15,
12-16, 12-16.1, 18-1, 18-2, 19-6, 20-1, 20-1.1, 31A-1, 31A-1.1,
and 33A-2, in subsection (a) and subsection (b), clause (1), of
Section 12-4, in subdivisions (a)(1), (b)(1), and (f)(1) of
Section 12-3.05, and in subsection (a-5) of Section 12-3.1 of
the Criminal Code of 1961 or the Criminal Code of 2012; (ii)
those offenses defined in the Cannabis Control Act except those
offenses defined in subsection (c) subsections (a) and (b) of
Section 4, and subsection (a) of Section 5 of the Cannabis
Control Act (iii) those offenses defined in the Illinois
Controlled Substances Act; (iv) those offenses defined in the
Methamphetamine Control and Community Protection Act; and (v)
any offense committed or attempted in any other state or
against the laws of the United States, which if committed or
attempted in this State would be punishable as one or more of
the foregoing offenses. Upon receipt of this authorization, the
private carrier company shall submit the applicant's name, sex,
race, date of birth, fingerprints and social security number to
the Department of State Police on forms prescribed by the
Department. The Department of State Police shall conduct an
investigation to ascertain if the applicant has been convicted
of any of the above enumerated offenses. The Department shall
charge the private carrier company a fee for conducting the
investigation, which fee shall be deposited in the State Police
Services Fund and shall not exceed the cost of the inquiry; and

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the applicant shall not be charged a fee for such investigation
by the private carrier company. The Department of State Police
shall furnish, pursuant to positive identification, records of
convictions, until expunged, to the private carrier company
which requested the investigation. A copy of the record of
convictions obtained from the Department shall be provided to
the applicant. Any record of conviction received by the private
carrier company shall be confidential. Any person who releases
any confidential information concerning any criminal
convictions of an applicant shall be guilty of a Class A
misdemeanor, unless authorized by this Section.
(Source: P.A. 96-1551, Article 1, Section 920, eff. 7-1-11;
96-1551, Article 2, Section 960, eff. 7-1-11; 97-1108, eff.
1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
Section 10. The School Code is amended by changing Section
21B-80 as follows:
(105 ILCS 5/21B-80)
Sec. 21B-80. Conviction of certain offenses as grounds for
revocation of license.
(a) As used in this Section:
"Narcotics offense" means any one or more of the following
offenses:
(1) Any offense defined in the Cannabis Control Act,
except those defined in subdivision (c) subdivisions (a)

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and (b) of Section 4 and subdivision (a) of Section 5 of
the Cannabis Control Act and any offense for which the
holder of a license is placed on probation under the
provisions of Section 10 of the Cannabis Control Act,
provided that if the terms and conditions of probation
required by the court are not fulfilled, the offense is not
eligible for this exception.
(2) Any offense defined in the Illinois Controlled
Substances Act, except any offense for which the holder of
a license is placed on probation under the provisions of
Section 410 of the Illinois Controlled Substances Act,
provided that if the terms and conditions of probation
required by the court are not fulfilled, the offense is not
eligible for this exception.
(3) Any offense defined in the Methamphetamine Control
and Community Protection Act, except any offense for which
the holder of a license is placed on probation under the
provision of Section 70 of that Act, provided that if the
terms and conditions of probation required by the court are
not fulfilled, the offense is not eligible for this
exception.
(4) Any attempt to commit any of the offenses listed in
items (1) through (3) of this definition.
(5) Any offense committed or attempted in any other
state or against the laws of the United States that, if
committed or attempted in this State, would have been

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punishable as one or more of the offenses listed in items
(1) through (4) of this definition.
The changes made by Public Act 96-431 to the definition of
"narcotics offense" are declaratory of existing law.
"Sex offense" means any one or more of the following
offenses:
(A) Any offense defined in Sections 11-6, 11-9 through
11-9.5, inclusive, and 11-30, of the Criminal Code of 1961
or the Criminal Code of 2012; Sections 11-14 through 11-21,
inclusive, of the Criminal Code of 1961 or the Criminal
Code of 2012; Sections 11-23 (if punished as a Class 3
felony), 11-24, 11-25, and 11-26 of the Criminal Code of
1961 or the Criminal Code of 2012; and Sections 11-1.20,
11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-4.9, 12-13, 12-14,
12-14.1, 12-15, 12-16, 12-32, 12-33, and 12C-45 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(B) Any attempt to commit any of the offenses listed in
item (A) of this definition.
(C) Any offense committed or attempted in any other
state that, if committed or attempted in this State, would
have been punishable as one or more of the offenses listed
in items (A) and (B) of this definition.
(b) Whenever the holder of any license issued pursuant to
this Article has been convicted of any sex offense or narcotics
offense, the State Superintendent of Education shall forthwith
suspend the license. If the conviction is reversed and the

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holder is acquitted of the offense in a new trial or the
charges against him or her are dismissed, the State
Superintendent of Education shall forthwith terminate the
suspension of the license. When the conviction becomes final,
the State Superintendent of Education shall forthwith revoke
the license.
(c) Whenever the holder of a license issued pursuant to
this Article has been convicted of attempting to commit,
conspiring to commit, soliciting, or committing first degree
murder or a Class X felony or any offense committed or
attempted in any other state or against the laws of the United
States that, if committed or attempted in this State, would
have been punishable as one or more of the foregoing offenses,
the State Superintendent of Education shall forthwith suspend
the license. If the conviction is reversed and the holder is
acquitted of that offense in a new trial or the charges that he
or she committed that offense are dismissed, the State
Superintendent of Education shall forthwith terminate the
suspension of the license. When the conviction becomes final,
the State Superintendent of Education shall forthwith revoke
the license.
(Source: P.A. 97-607, eff. 8-26-11; incorporates 96-1551, eff.
7-1-11; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
Section 15. The Illinois Vehicle Code is amended by
changing Sections 6-106.1 and 6-508 as follows:

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(625 ILCS 5/6-106.1)
Sec. 6-106.1. School bus driver permit.
(a) The Secretary of State shall issue a school bus driver
permit to those applicants who have met all the requirements of
the application and screening process under this Section to
insure the welfare and safety of children who are transported
on school buses throughout the State of Illinois. Applicants
shall obtain the proper application required by the Secretary
of State from their prospective or current employer and submit
the completed application to the prospective or current
employer along with the necessary fingerprint submission as
required by the Department of State Police to conduct
fingerprint based criminal background checks on current and
future information available in the state system and current
information available through the Federal Bureau of
Investigation's system. Applicants who have completed the
fingerprinting requirements shall not be subjected to the
fingerprinting process when applying for subsequent permits or
submitting proof of successful completion of the annual
refresher course. Individuals who on the effective date of this
Act possess a valid school bus driver permit that has been
previously issued by the appropriate Regional School
Superintendent are not subject to the fingerprinting
provisions of this Section as long as the permit remains valid
and does not lapse. The applicant shall be required to pay all

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related application and fingerprinting fees as established by
rule including, but not limited to, the amounts established by
the Department of State Police and the Federal Bureau of
Investigation to process fingerprint based criminal background
investigations. All fees paid for fingerprint processing
services under this Section shall be deposited into the State
Police Services Fund for the cost incurred in processing the
fingerprint based criminal background investigations. All
other fees paid under this Section shall be deposited into the
Road Fund for the purpose of defraying the costs of the
Secretary of State in administering this Section. All
applicants must:
1. be 21 years of age or older;
2. possess a valid and properly classified driver's
license issued by the Secretary of State;
3. possess a valid driver's license, which has not been
revoked, suspended, or canceled for 3 years immediately
prior to the date of application, or have not had his or
her commercial motor vehicle driving privileges
disqualified within the 3 years immediately prior to the
date of application;
4. successfully pass a written test, administered by
the Secretary of State, on school bus operation, school bus
safety, and special traffic laws relating to school buses
and submit to a review of the applicant's driving habits by
the Secretary of State at the time the written test is

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given;
5. demonstrate ability to exercise reasonable care in
the operation of school buses in accordance with rules
promulgated by the Secretary of State;
6. demonstrate physical fitness to operate school
buses by submitting the results of a medical examination,
including tests for drug use for each applicant not subject
to such testing pursuant to federal law, conducted by a
licensed physician, an advanced practice nurse who has a
written collaborative agreement with a collaborating
physician which authorizes him or her to perform medical
examinations, or a physician assistant who has been
delegated the performance of medical examinations by his or
her supervising physician within 90 days of the date of
application according to standards promulgated by the
Secretary of State;
7. affirm under penalties of perjury that he or she has
not made a false statement or knowingly concealed a
material fact in any application for permit;
8. have completed an initial classroom course,
including first aid procedures, in school bus driver safety
as promulgated by the Secretary of State; and after
satisfactory completion of said initial course an annual
refresher course; such courses and the agency or
organization conducting such courses shall be approved by
the Secretary of State; failure to complete the annual

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refresher course, shall result in cancellation of the
permit until such course is completed;
9. not have been under an order of court supervision
for or convicted of 2 or more serious traffic offenses, as
defined by rule, within one year prior to the date of
application that may endanger the life or safety of any of
the driver's passengers within the duration of the permit
period;
10. not have been under an order of court supervision
for or convicted of reckless driving, aggravated reckless
driving, driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or
any combination thereof, or reckless homicide resulting
from the operation of a motor vehicle within 3 years of the
date of application;
11. not have been convicted of committing or attempting
to commit any one or more of the following offenses: (i)
those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,
9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1,
11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15,
11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,
11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3,
11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6,
12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,

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12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.01, 12-6, 12-6.2,
12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33,
12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1,
31A-1.1, 33A-2, and 33D-1, and in subsection (b) of Section
8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1),
(e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and
in subsection (a) and subsection (b), clause (1), of
Section 12-4, and in subsection (A), clauses (a) and (b),
of Section 24-3, and those offenses contained in Article
29D of the Criminal Code of 1961 or the Criminal Code of
2012; (ii) those offenses defined in the Cannabis Control
Act except those offenses defined in subsection (c)
subsections (a) and (b) of Section 4, and subsection (a) of
Section 5 of the Cannabis Control Act; (iii) those offenses
defined in the Illinois Controlled Substances Act; (iv)
those offenses defined in the Methamphetamine Control and
Community Protection Act; (v) any offense committed or
attempted in any other state or against the laws of the
United States, which if committed or attempted in this
State would be punishable as one or more of the foregoing
offenses; (vi) the offenses defined in Section 4.1 and 5.1
of the Wrongs to Children Act or Section 11-9.1A of the

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Criminal Code of 1961 or the Criminal Code of 2012; (vii)
those offenses defined in Section 6-16 of the Liquor
Control Act of 1934; and (viii) those offenses defined in
the Methamphetamine Precursor Control Act;
12. not have been repeatedly involved as a driver in
motor vehicle collisions or been repeatedly convicted of
offenses against laws and ordinances regulating the
movement of traffic, to a degree which indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
13. not have, through the unlawful operation of a motor
vehicle, caused an accident resulting in the death of any
person;
14. not have, within the last 5 years, been adjudged to
be afflicted with or suffering from any mental disability
or disease; and
15. consent, in writing, to the release of results of
reasonable suspicion drug and alcohol testing under
Section 6-106.1c of this Code by the employer of the
applicant to the Secretary of State.
(b) A school bus driver permit shall be valid for a period
specified by the Secretary of State as set forth by rule. It
shall be renewable upon compliance with subsection (a) of this
Section.

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(c) A school bus driver permit shall contain the holder's
driver's license number, legal name, residence address, zip
code, and date of birth, a brief description of the holder and
a space for signature. The Secretary of State may require a
suitable photograph of the holder.
(d) The employer shall be responsible for conducting a
pre-employment interview with prospective school bus driver
candidates, distributing school bus driver applications and
medical forms to be completed by the applicant, and submitting
the applicant's fingerprint cards to the Department of State
Police that are required for the criminal background
investigations. The employer shall certify in writing to the
Secretary of State that all pre-employment conditions have been
successfully completed including the successful completion of
an Illinois specific criminal background investigation through
the Department of State Police and the submission of necessary
fingerprints to the Federal Bureau of Investigation for
criminal history information available through the Federal
Bureau of Investigation system. The applicant shall present the
certification to the Secretary of State at the time of
submitting the school bus driver permit application.
(e) Permits shall initially be provisional upon receiving
certification from the employer that all pre-employment
conditions have been successfully completed, and upon
successful completion of all training and examination
requirements for the classification of the vehicle to be

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operated, the Secretary of State shall provisionally issue a
School Bus Driver Permit. The permit shall remain in a
provisional status pending the completion of the Federal Bureau
of Investigation's criminal background investigation based
upon fingerprinting specimens submitted to the Federal Bureau
of Investigation by the Department of State Police. The Federal
Bureau of Investigation shall report the findings directly to
the Secretary of State. The Secretary of State shall remove the
bus driver permit from provisional status upon the applicant's
successful completion of the Federal Bureau of Investigation's
criminal background investigation.
(f) A school bus driver permit holder shall notify the
employer and the Secretary of State if he or she is issued an
order of court supervision for or convicted in another state of
an offense that would make him or her ineligible for a permit
under subsection (a) of this Section. The written notification
shall be made within 5 days of the entry of the order of court
supervision or conviction. Failure of the permit holder to
provide the notification is punishable as a petty offense for a
first violation and a Class B misdemeanor for a second or
subsequent violation.
(g) Cancellation; suspension; notice and procedure.
(1) The Secretary of State shall cancel a school bus
driver permit of an applicant whose criminal background
investigation discloses that he or she is not in compliance
with the provisions of subsection (a) of this Section.

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(2) The Secretary of State shall cancel a school bus
driver permit when he or she receives notice that the
permit holder fails to comply with any provision of this
Section or any rule promulgated for the administration of
this Section.
(3) The Secretary of State shall cancel a school bus
driver permit if the permit holder's restricted commercial
or commercial driving privileges are withdrawn or
otherwise invalidated.
(4) The Secretary of State may not issue a school bus
driver permit for a period of 3 years to an applicant who
fails to obtain a negative result on a drug test as
required in item 6 of subsection (a) of this Section or
under federal law.
(5) The Secretary of State shall forthwith suspend a
school bus driver permit for a period of 3 years upon
receiving notice that the holder has failed to obtain a
negative result on a drug test as required in item 6 of
subsection (a) of this Section or under federal law.
(6) The Secretary of State shall suspend a school bus
driver permit for a period of 3 years upon receiving notice
from the employer that the holder failed to perform the
inspection procedure set forth in subsection (a) or (b) of
Section 12-816 of this Code.
(7) The Secretary of State shall suspend a school bus
driver permit for a period of 3 years upon receiving notice

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from the employer that the holder refused to submit to an
alcohol or drug test as required by Section 6-106.1c or has
submitted to a test required by that Section which
disclosed an alcohol concentration of more than 0.00 or
disclosed a positive result on a National Institute on Drug
Abuse five-drug panel, utilizing federal standards set
forth in 49 CFR 40.87.
The Secretary of State shall notify the State
Superintendent of Education and the permit holder's
prospective or current employer that the applicant has (1) has
failed a criminal background investigation or (2) is no longer
eligible for a school bus driver permit; and of the related
cancellation of the applicant's provisional school bus driver
permit. The cancellation shall remain in effect pending the
outcome of a hearing pursuant to Section 2-118 of this Code.
The scope of the hearing shall be limited to the issuance
criteria contained in subsection (a) of this Section. A
petition requesting a hearing shall be submitted to the
Secretary of State and shall contain the reason the individual
feels he or she is entitled to a school bus driver permit. The
permit holder's employer shall notify in writing to the
Secretary of State that the employer has certified the removal
of the offending school bus driver from service prior to the
start of that school bus driver's next workshift. An employing
school board that fails to remove the offending school bus
driver from service is subject to the penalties defined in

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Section 3-14.23 of the School Code. A school bus contractor who
violates a provision of this Section is subject to the
penalties defined in Section 6-106.11.
All valid school bus driver permits issued under this
Section prior to January 1, 1995, shall remain effective until
their expiration date unless otherwise invalidated.
(h) When a school bus driver permit holder who is a service
member is called to active duty, the employer of the permit
holder shall notify the Secretary of State, within 30 days of
notification from the permit holder, that the permit holder has
been called to active duty. Upon notification pursuant to this
subsection, (i) the Secretary of State shall characterize the
permit as inactive until a permit holder renews the permit as
provided in subsection (i) of this Section, and (ii) if a
permit holder fails to comply with the requirements of this
Section while called to active duty, the Secretary of State
shall not characterize the permit as invalid.
(i) A school bus driver permit holder who is a service
member returning from active duty must, within 90 days, renew a
permit characterized as inactive pursuant to subsection (h) of
this Section by complying with the renewal requirements of
subsection (b) of this Section.
(j) For purposes of subsections (h) and (i) of this
Section:
"Active duty" means active duty pursuant to an executive
order of the President of the United States, an act of the

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Congress of the United States, or an order of the Governor.
"Service member" means a member of the Armed Services or
reserve forces of the United States or a member of the Illinois
National Guard.
(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09;
96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff.
7-22-10; 96-1551, Article 1, Section 950, eff. 7-1-11; 96-1551,
Article 2, Section 1025, eff. 7-1-11; 97-224, eff. 7-28-11;
97-229, eff. 7-28-11; 97-333, eff. 8-12-11; 97-466, eff.
1-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,
eff. 1-25-13.)
(625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
(Text of Section after amendment by P.A. 98-176)
Sec. 6-508. Commercial Driver's License (CDL) -
qualification standards.
(a) Testing.
(1) General. No person shall be issued an original or
renewal CDL unless that person is domiciled in this State
or is applying for a non-domiciled CDL under Sections 6-509
and 6-510 of this Code. The Secretary shall cause to be
administered such tests as the Secretary deems necessary to
meet the requirements of 49 C.F.R. Part 383, subparts F, G,
H, and J.
(1.5) Effective July 1, 2014, no person shall be issued
an original CDL or an upgraded CDL that requires a skills

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test unless that person has held a CLP, for a minimum of 14
calendar days, for the classification of vehicle and
endorsement, if any, for which the person is seeking a CDL.
(2) Third party testing. The Secretary of State state
may authorize a "third party tester", pursuant to 49 C.F.R.
Part 383.75 and 49 C.F.R. 384.228 and 384.229, to
administer the skills test or tests specified by the
Federal Motor Carrier Safety Administration pursuant to
the Commercial Motor Vehicle Safety Act of 1986 and any
appropriate federal rule.
(b) Waiver of Skills Test. The Secretary of State may waive
the skills test specified in this Section for a driver
applicant for a commercial driver license who meets the
requirements of 49 C.F.R. Part 383.77. The Secretary of State
shall waive the skills tests specified in this Section for a
driver applicant who has military commercial motor vehicle
experience, subject to the requirements of 49 C.F.R. 383.77.
(b-1) No person shall be issued a CDL unless the person
certifies to the Secretary one of the following types of
driving operations in which he or she will be engaged:
(1) non-excepted interstate;
(2) non-excepted intrastate;
(3) excepted interstate; or
(4) excepted intrastate.
(b-2) (Blank).
(c) Limitations on issuance of a CDL. A CDL shall not be

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issued to a person while the person is subject to a
disqualification from driving a commercial motor vehicle, or
unless otherwise permitted by this Code, while the person's
driver's license is suspended, revoked or cancelled in any
state, or any territory or province of Canada; nor may a CLP or
CDL be issued to a person who has a CLP or CDL issued by any
other state, or foreign jurisdiction, nor may a CDL be issued
to a person who has an Illinois CLP unless the person first
surrenders all of these licenses or permits. However, a person
may hold an Illinois CLP and an Illinois CDL providing the CLP
is necessary to train or practice for an endorsement or vehicle
classification not present on the current CDL. No CDL shall be
issued to or renewed for a person who does not meet the
requirement of 49 CFR 391.41(b)(11). The requirement may be met
with the aid of a hearing aid.
(c-1) The Secretary may issue a CDL with a school bus
driver endorsement to allow a person to drive the type of bus
described in subsection (d-5) of Section 6-104 of this Code.
The CDL with a school bus driver endorsement may be issued only
to a person meeting the following requirements:
(1) the person has submitted his or her fingerprints to
the Department of State Police in the form and manner
prescribed by the Department of State Police. These
fingerprints shall be checked against the fingerprint
records now and hereafter filed in the Department of State
Police and Federal Bureau of Investigation criminal

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history records databases;
(2) the person has passed a written test, administered
by the Secretary of State, on charter bus operation,
charter bus safety, and certain special traffic laws
relating to school buses determined by the Secretary of
State to be relevant to charter buses, and submitted to a
review of the driver applicant's driving habits by the
Secretary of State at the time the written test is given;
(3) the person has demonstrated physical fitness to
operate school buses by submitting the results of a medical
examination, including tests for drug use; and
(4) the person has not been convicted of committing or
attempting to commit any one or more of the following
offenses: (i) those offenses defined in Sections 8-1.2,
9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,
11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,
12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2,
12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30,

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12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2,
24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8,
24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection
(b) of Section 8-1, and in subdivisions (a)(1), (a)(2),
(b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of
Section 12-3.05, and in subsection (a) and subsection (b),
clause (1), of Section 12-4, and in subsection (A), clauses
(a) and (b), of Section 24-3, and those offenses contained
in Article 29D of the Criminal Code of 1961 or the Criminal
Code of 2012; (ii) those offenses defined in the Cannabis
Control Act except those offenses defined in subsection (c)
subsections (a) and (b) of Section 4, and subsection (a) of
Section 5 of the Cannabis Control Act; (iii) those offenses
defined in the Illinois Controlled Substances Act; (iv)
those offenses defined in the Methamphetamine Control and
Community Protection Act; (v) any offense committed or
attempted in any other state or against the laws of the
United States, which if committed or attempted in this
State would be punishable as one or more of the foregoing
offenses; (vi) the offenses defined in Sections 4.1 and 5.1
of the Wrongs to Children Act or Section 11-9.1A of the
Criminal Code of 1961 or the Criminal Code of 2012; (vii)
those offenses defined in Section 6-16 of the Liquor
Control Act of 1934; and (viii) those offenses defined in
the Methamphetamine Precursor Control Act.

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The Department of State Police shall charge a fee for
conducting the criminal history records check, which shall be
deposited into the State Police Services Fund and may not
exceed the actual cost of the records check.
(c-2) The Secretary shall issue a CDL with a school bus
endorsement to allow a person to drive a school bus as defined
in this Section. The CDL shall be issued according to the
requirements outlined in 49 C.F.R. 383. A person may not
operate a school bus as defined in this Section without a
school bus endorsement. The Secretary of State may adopt rules
consistent with Federal guidelines to implement this
subsection (c-2).
(d) (Blank).
(Source: P.A. 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13;
97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-52, eff.
1-1-14; 98-176, eff. 7-1-14; revised 9-19-13.)
Section 20. The Cannabis Control Act is amended by changing
Sections 4, 5, 5.2, and 10 and by adding Section 4.1 as
follows:
(720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
Sec. 4. It is unlawful for any person knowingly to possess
cannabis. Any person who violates this section with respect
to:
(a) (blank); not more than 2.5 grams of any substance

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containing cannabis is guilty of a Class C misdemeanor;
(b) (blank); more than 2.5 grams but not more than 10
grams of any substance containing cannabis is guilty of a
Class B misdemeanor;
(c) more than 10 grams but not more than 30 grams of
any substance containing cannabis is subject to the
penalties under Section 4.1 of this Act, unless the person
has been previously convicted of 2 or more violations under
this Act, in which case the person is guilty of a Class A
misdemeanor; guilty of a Class A misdemeanor; provided,
that if any offense under this subsection (c) is a
subsequent offense, the offender shall be guilty of a Class
4 felony;
(d) more than 30 grams but not more than 500 grams of
any substance containing cannabis is guilty of a Class A
misdemeanor for a first offense and a Class 4 felony for a
subsequent offense; Class 4 felony; provided that if any
offense under this subsection (d) is a subsequent offense,
the offender shall be guilty of a Class 3 felony;
(e) more than 500 grams but not more than 2,500 2,000
grams of any substance containing cannabis is guilty of a
Class 3 felony;
(f) (blank); more than 2,000 grams but not more than
5,000 grams of any substance containing cannabis is guilty
of a Class 2 felony;
(g) more than 2,500 5,000 grams of any substance

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containing cannabis is guilty of a Class 1 felony.
(Source: P.A. 90-397, eff. 8-15-97.)
(720 ILCS 550/4.1 new)
Sec. 4.1. Petty offense for possession of 30 grams or less
of cannabis.
(a) Upon arrest for possession of not more than 30 grams of
any substance containing cannabis under Section 4(c) of this
Act, criminal charges may be commenced under a Uniform Cannabis
Citation under Section 111-3 of the Code of Criminal Procedure
of 1963 as provided in subsection (c) of this Section, and the
defendant shall be prosecuted and sentenced for the commission
of a petty offense.
(b) For purposes of this Section, a "petty offense" is an
offense for which a sentence of imprisonment is not an
authorized disposition.
(c) After a person has been arrested for an offense listed
in subsection (a) of this Section, once the officer has
determined the identity of the person, and determined that the
offender has not been previously convicted of 2 or more
offenses under this Act, the law enforcement officer may issue
the person a Uniform Cannabis Citation. When the law
enforcement officer has observed the commission of the offense,
the signing of the Uniform Cannabis Citation is sufficient to
charge the person if the law enforcement officer certifies that
the statements in the Uniform Cannabis Citation are true and

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correct and subject to the penalties provided by law for false
certification under Section 1-109 of the Code of Civil
Procedure and perjury under Section 32-2 of the Criminal Code
of 2012. The Uniform Cannabis Citation shall allege the
commission of the offense by including:
(1) the name, date of birth, and address of the
defendant;
(2) the name of the offense;
(3) the statutory provision alleged to have been
violated;
(4) the date, time, location, and county of the offense
as definitely can be done;
(5) the weight of the recovered substance; and
(6) the fine amount based upon the defendant's number
of prior guilty dispositions charged by a Uniform Cannabis
Citation.
When a Uniform Cannabis Citation has been issued to a
defendant, the copy of the Citation filed with the circuit
court constitutes a complaint to which the defendant may plead,
unless he or she specifically requests that a verified
complaint be filed.
(d) When a Uniform Cannabis Citation has been issued to a
defendant, the arresting officer shall set the defendant's
first appearance in court on a date not less than 14 days but
within 60 days after the date of the defendant's arrest.
(e) When a Uniform Cannabis Citation has been issued to a

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defendant, the law enforcement officer shall also issue written
notice to the defendant in substantially the following form:
AVOID MULTIPLE COURT APPEARANCES
If you intend to plead "not guilty" to this charge, or if,
in addition, you intend to demand a trial by jury, so
notify the clerk of the court at least 10 days (excluding
Saturdays, Sundays, or holidays) before the day set for
your appearance. A new appearance date for a trial by jury
will be set for a court date not less than 45 days, but not
more than 60 days, after your arrest, and arrangements will
be made to have the arresting officer and laboratory
analyst on the next court date for jury trial. Failure to
notify the clerk of either your intention to plead "not
guilty" or your intention to demand a jury trial, may
result in your having to return to court, if you plead "not
guilty" on the date originally set for your court
appearance.
(f) A case shall not be dismissed due to an error by the
arresting officer or the clerk of the court, or both, in
setting a defendant's first appearance date, subject to the
right of speedy trial under Section 103-5 of the Code of
Criminal Procedure of 1963.
(g) Within 14 days (excluding Saturdays, Sundays, or
holidays) from the date the defendant was issued the Uniform

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Cannabis Citation, a defendant may enter a plea of guilty and
mail the fine to the clerk of the court of the county in which
the defendant was arrested. The fine when no court appearance
is required is as follows:
(1) $250 for a first disposition of guilty of an
offense charged by a Uniform Cannabis Citation; or
(2) $300 for a second disposition of guilty of an
offense charged by Uniform Cannabis Citation.
(h) To plead guilty, the defendant shall sign the section
on the reverse side of the Uniform Cannabis Citation which
indicates the defendant knowingly and voluntarily enters a plea
of guilty after being informed that:
(1) the nature of this charge is a petty offense not
punishable by a sentence of imprisonment; and
(2) the fine is $250 for a first disposition of guilty
to an offense charged by a Uniform Cannabis Citation and
$300 for a second disposition of guilty to an offense
charged by a Uniform Cannabis Citation;
(3) the defendant has the right to plead not guilty, to
persist in the plea of not guilty if it has already been
made, or to plead guilty;
(4) if the defendant pleads guilty, there will not be a
trial of any kind, so that by pleading guilty, the
defendant waives the right to a trial by jury and the right
to be confronted with the witnesses against him or her, to
cross-examine these witnesses, and to testify if he or she

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chooses to do so;
(5) if the defendant pleads not guilty and requests a
trial, if the defendant is found guilty he or she is
required to pay the fine imposed under subsection (j) of
this Section, an additional penalty for failure to pay the
fine in a timely manner as provided in subsection (g) of
this Section, all applicable court costs and fees, all
applicable crime lab drug analysis costs and fees
prescribed by the circuit court, and a period of probation
or conditional discharge not to exceed a period of 6
months;
(6) if the defendant fails to appear at a hearing or
trial, a default judgment shall be entered against the
defendant for the fine amount under subsection (j) of this
Section, plus all applicable fees and costs under this
Section, and an arrest warrant may issue for the defendant
under Supreme Court Rule 572(b); and
(7) the disposition of this offense will be sent to the
Department of State Police and local law enforcement
agencies.
(i) When a defendant has received a Uniform Cannabis
Citation and does not appear on the date set for appearance or
any date which the case has been continued, the court shall
continue the case for a minimum of 30 days and require a notice
of the next continued court date be sent to the defendant at
his or her last known address. If the defendant does not appear

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on or before the next continued court date and satisfy the
court that his or her appearance was impossible and without any
fault on his or her part, the court shall enter an order of
failure to appear to answer the charge. A verified charge may
be filed, if one has not been previously filed, and a summons
or warrant of arrest for the defendant may be issued by the
court.
(j) Upon a plea of guilty during a court appearance or a
finding of guilty after a trial, the court shall impose for the
offense:
(1) a fine of $250 for a first disposition of guilty of
an offense charged by Uniform Cannabis Citation; or
(2) a fine of $300 for a second disposition of guilty
of an offense charged by Uniform Cannabis Citation; and
(3) an additional penalty set by the court for failure
to pay the fine in a timely manner as provided in
subsection (g) of this Section; and
(4) all applicable crime lab drug analysis costs and
fees prescribed by the court, and all applicable court
costs and fees.
(k) A person who fails to pay all applicable fines, fees,
or costs imposed under this Section within 180 days is subject
to garnishment, lien, attachment, or other judicial process to
recover any outstanding debt.
(l) All funds obtained under this Section shall be
distributed into the general revenue fund of the county in

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which the offense was committed.
(m) The Department of State Police shall create a Uniform
Cannabis Citation for use by law enforcement agencies under
this Section. The Department of State Police may adopt rules to
implement this Section.
(n) A county or municipality, including a home rule unit,
may not regulate the enforcement of laws governing violations
of this Act. This Section is a denial and limitation under
subsection (i) of Section 6 of Article VII of the Illinois
Constitution on the concurrent exercise by home rule units of
the powers exclusively exercised by the State. A system of
regulation enforcing laws governing violations of this Act by a
county or municipality, including a home rule unit, that was in
effect before the effective date of this amendatory Act of the
98th General Assembly is exempt from the provisions of this
Section.
(o) A person who commits a third or subsequent offense
listed in subsection (a) of this Section is subject to the
criminal penalties under subsection (c) of Section 4 of this
Act.
(720 ILCS 550/5) (from Ch. 56 1/2, par. 705)
Sec. 5. Manufacture, deliver, or possess with intent to
deliver, or manufacture, cannabis. It is unlawful for any
person knowingly to manufacture, deliver, or possess with
intent to deliver, or manufacture, cannabis. Any person who

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violates this Section section with respect to:
(a) not more than 30 grams is guilty of a Class B
misdemeanor for a first offense, a Class A misdemeanor for a
second offense, and a Class 4 felony for a third or subsequent
offense; 2.5 grams of any substance containing cannabis is
guilty of a Class B misdemeanor;
(b) (blank); more than 2.5 grams but not more than 10 grams
of any substance containing cannabis is guilty of a Class A
misdemeanor;
(c) (blank); more than 10 grams but not more than 30 grams
of any substance containing cannabis is guilty of a Class 4
felony;
(d) more than 30 grams but not more than 500 grams of any
substance containing cannabis is guilty of a Class 4 felony for
a first offense, and a Class 3 felony for a second or
subsequent offense. A for which a fine not to exceed $50,000
may be imposed for a violation of this subsection;
(e) more than 500 grams but not more than 2,500 2,000 grams
of any substance containing cannabis is guilty of a Class 2
felony for which a fine not to exceed $100,000 may be imposed;
(f) (blank); more than 2,000 grams but not more than 5,000
grams of any substance containing cannabis is guilty of a Class
1 felony for which a fine not to exceed $150,000 may be
imposed;
(g) more than 2,500 5,000 grams of any substance containing
cannabis is guilty of a Class X felony for which a fine not to

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exceed $200,000 may be imposed.
(Source: P.A. 90-397, eff. 8-15-97.)
(720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)
Sec. 5.2. Delivery of cannabis on school grounds. It is
unlawful for any person knowingly to manufacture, deliver, or
possess with intent to deliver, or manufacture, cannabis in any
school, on the real property comprising any school, or any
conveyance owned, leased or contracted by a school to transport
students to or from school or a school related activity, or on
any public way within 1,000 feet of the real property
comprising any school, or any conveyance owned, leased or
contracted by a school to transport students to or from school
or a school related activity. Any person who violates this
Section with respect to:
(a) more than 2,000 grams of any substance containing
cannabis is guilty of a Class X felony, the fine for which
shall not exceed $200,000;
(b) more than 500 grams but not more than 2,000 grams of
any substance containing cannabis (a) Any person who violates
subsection (e) of Section 5 in any school, on the real property
comprising any school, or any conveyance owned, leased or
contracted by a school to transport students to or from school
or a school related activity, or on any public way within 1,000
feet of the real property comprising any school, or any
conveyance owned, leased or contracted by a school to transport

09800HB4091ham001 - 34 - LRB098 15649 MRW 56887 a
students to or from school or a school related activity, is
guilty of a Class 1 felony, the fine for which shall not exceed
$200,000;
(c) more than 30 grams but not more than 500 grams of any
substance containing cannabis (b) Any person who violates
subsection (d) of Section 5 in any school, on the real property
comprising any school, or any conveyance owned, leased or
contracted by a school to transport students to or from school
or a school related activity, or on any public way within 1,000
feet of the real property comprising any school, or any
conveyance owned, leased or contracted by a school to transport
students to or from school or a school related activity, is
guilty of a Class 2 felony, the fine for which shall not exceed
$100,000;
(d) more than 10 grams but not more than 30 grams of any
substance containing cannabis (c) Any person who violates
subsection (c) of Section 5 in any school, on the real property
comprising any school, or any conveyance owned, leased or
contracted by a school to transport students to or from school
or a school related activity, or on any public way within 1,000
feet of the real property comprising any school, or any
conveyance owned, leased or contracted by a school to transport
students to or from school or a school related activity, is
guilty of a Class 3 felony, the fine for which shall not exceed
$50,000;
(e) more than 2.5 grams but not more than 10 grams of any

09800HB4091ham001 - 35 - LRB098 15649 MRW 56887 a
substance containing cannabis (d) Any person who violates
subsection (b) of Section 5 in any school, on the real property
comprising any school, or any conveyance owned, leased or
contracted by a school to transport students to or from school
or a school related activity, or on any public way within 1,000
feet of the real property comprising any school, or any
conveyance owned, leased or contracted by a school to transport
students to or from school or a school related activity, is
guilty of a Class 4 felony, the fine for which shall not exceed
$25,000;
(f) not more than 2.5 grams of any substance containing
cannabis (e) Any person who violates subsection (a) of Section
5 in any school, on the real property comprising any school, or
any conveyance owned, leased or contracted by a school to
transport students to or from school or a school related
activity, on any public way within 1,000 feet of the real
property comprising any school, or any conveyance owned, leased
or contracted by a school to transport students to or from
school or a school related activity, is guilty of a Class A
misdemeanor.
(Source: P.A. 87-544.)
(720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
Sec. 10. (a) Whenever any person who has not previously
been convicted of, or placed on probation or court supervision
for, any offense under this Act or any law of the United States

09800HB4091ham001 - 36 - LRB098 15649 MRW 56887 a
or of any State relating to cannabis, or controlled substances
as defined in the Illinois Controlled Substances Act, pleads
guilty to or is found guilty of violating Sections 4(a), 4(b),
4(c), 5(a), 5(b), 5(c) or 8 of this Act, the court may, without
entering a judgment and with the consent of such person,
sentence him to probation.
(b) When a person is placed on probation, the court shall
enter an order specifying a period of probation of 24 months,
and shall defer further proceedings in the case until the
conclusion of the period or until the filing of a petition
alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the person:
(1) not violate any criminal statute of any jurisdiction; (2)
refrain from possession of a firearm or other dangerous weapon;
(3) submit to periodic drug testing at a time and in a manner
as ordered by the court, but no less than 3 times during the
period of the probation, with the cost of the testing to be
paid by the probationer; and (4) perform no less than 30 hours
of community service, provided community service is available
in the jurisdiction and is funded and approved by the county
board.
(d) The court may, in addition to other conditions, require
that the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the order

09800HB4091ham001 - 37 - LRB098 15649 MRW 56887 a
of probation;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical or psychiatric treatment; or
treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his dependents;
(7) refrain from possessing a firearm or other
dangerous weapon;
(7-5) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of his
or her blood or urine or both for tests to determine the
presence of any illicit drug;
(8) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his own support at home or in a
foster home.
(e) Upon violation of a term or condition of probation, the
court may enter a judgment on its original finding of guilt and

09800HB4091ham001 - 38 - LRB098 15649 MRW 56887 a
proceed as otherwise provided.
(f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge such person and dismiss
the proceedings against him.
(g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal, however, discharge and dismissal
under this Section is not a conviction for purposes of
disqualification or disabilities imposed by law upon
conviction of a crime (including the additional penalty imposed
for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d)
of this Act).
(h) Discharge and dismissal under this Section, Section 410
of the Illinois Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act, Section
5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or
subsection (c) of Section 11-14 of the Criminal Code of 1961 or
the Criminal Code of 2012 may occur only once with respect to
any person.
(i) If a person is convicted of an offense under this Act,
the Illinois Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act within 5 years subsequent
to a discharge and dismissal under this Section, the discharge
and dismissal under this Section shall be admissible in the
sentencing proceeding for that conviction as a factor in
aggravation.

09800HB4091ham001 - 39 - LRB098 15649 MRW 56887 a
(Source: P.A. 97-1118, eff. 1-1-13; 97-1150, eff. 1-25-13;
98-164, eff. 1-1-14.)
Section 25. The Code of Criminal Procedure of 1963 is
amended by changing Section 111-3 as follows:
(725 ILCS 5/111-3) (from Ch. 38, par. 111-3)
Sec. 111-3. Form of charge.
(a) A charge shall be in writing and allege the commission
of an offense by:
(1) Stating the name of the offense;
(2) Citing the statutory provision alleged to have been
violated;
(3) Setting forth the nature and elements of the
offense charged;
(4) Stating the date and county of the offense as
definitely as can be done; and
(5) Stating the name of the accused, if known, and if
not known, designate the accused by any name or description
by which he can be identified with reasonable certainty.
(a-5) If the victim is alleged to have been subjected to an
offense involving an illegal sexual act including, but not
limited to, a sexual offense defined in Article 11 or Section
10-9 of the Criminal Code of 2012, the charge shall state the
identity of the victim by name, initials, or description.
(b) An indictment shall be signed by the foreman of the

09800HB4091ham001 - 40 - LRB098 15649 MRW 56887 a
Grand Jury and an information shall be signed by the State's
Attorney and sworn to by him or another. A complaint shall be
sworn to and signed by the complainant; provided, that when a
peace officer observes the commission of a misdemeanor and is
the complaining witness, the signing of the complaint by the
peace officer is sufficient to charge the defendant with the
commission of the offense, and the complaint need not be sworn
to if the officer signing the complaint certifies that the
statements set forth in the complaint are true and correct and
are subject to the penalties provided by law for false
certification under Section 1-109 of the Code of Civil
Procedure and perjury under Section 32-2 of the Criminal Code
of 2012; and further provided, however, that when a citation is
issued on a Uniform Traffic Ticket or Uniform Conservation
Ticket (in a form prescribed by the Conference of Chief Circuit
Judges and filed with the Supreme Court) or Uniform Cannabis
Citation (in a form prescribed by the Department of State
Police), the copy of such Uniform Ticket which is filed with
the circuit court constitutes a complaint to which the
defendant may plead, unless he specifically requests that a
verified complaint be filed.
(c) When the State seeks an enhanced sentence because of a
prior conviction, the charge shall also state the intention to
seek an enhanced sentence and shall state such prior conviction
so as to give notice to the defendant. However, the fact of
such prior conviction and the State's intention to seek an

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enhanced sentence are not elements of the offense and may not
be disclosed to the jury during trial unless otherwise
permitted by issues properly raised during such trial. For the
purposes of this Section, "enhanced sentence" means a sentence
which is increased by a prior conviction from one
classification of offense to another higher level
classification of offense set forth in Section 5-4.5-10 of the
Unified Code of Corrections (730 ILCS 5/5-4.5-10); it does not
include an increase in the sentence applied within the same
level of classification of offense.
(c-5) Notwithstanding any other provision of law, in all
cases in which the imposition of the death penalty is not a
possibility, if an alleged fact (other than the fact of a prior
conviction) is not an element of an offense but is sought to be
used to increase the range of penalties for the offense beyond
the statutory maximum that could otherwise be imposed for the
offense, the alleged fact must be included in the charging
instrument or otherwise provided to the defendant through a
written notification before trial, submitted to a trier of fact
as an aggravating factor, and proved beyond a reasonable doubt.
Failure to prove the fact beyond a reasonable doubt is not a
bar to a conviction for commission of the offense, but is a bar
to increasing, based on that fact, the range of penalties for
the offense beyond the statutory maximum that could otherwise
be imposed for that offense. Nothing in this subsection (c-5)
requires the imposition of a sentence that increases the range

09800HB4091ham001 - 42 - LRB098 15649 MRW 56887 a
of penalties for the offense beyond the statutory maximum that
could otherwise be imposed for the offense if the imposition of
that sentence is not required by law.
(d) At any time prior to trial, the State on motion shall
be permitted to amend the charge, whether brought by
indictment, information or complaint, to make the charge comply
with subsection (c) or (c-5) of this Section. Nothing in
Section 103-5 of this Code precludes such an amendment or a
written notification made in accordance with subsection (c-5)
of this Section.
(e) The provisions of subsection (a) of Section 5-4.5-95 of
the Unified Code of Corrections (730 ILCS 5/5-4.5-95) shall not
be affected by this Section.
(Source: P.A. 97-1150, eff. 1-25-13; 98-416, eff. 1-1-14.)".