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LRB095 19641 RLC 45985 b |
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| AN ACT concerning criminal law, which may be referred to as |
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| the Child Protection Act of 2008.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the |
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| Illinois Child Online Exploitation Reporting Act. |
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| Section 5. Definitions. As used in this Act unless the |
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| context otherwise requires: |
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| "Electronic communications service" means any service |
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| which provides to users thereof the ability to send or receive |
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| wire or electronic communications. |
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| "Remote computing service" means the provision to the |
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| public of computer storage or processing services by means of |
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| an electronic communications system.
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| Section 10. Registration. Any entity, subject to the |
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| reporting requirements of 42 U.S.C. 13032, while engaged in |
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| providing an electronic communications service or a remote |
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| computing service to the public, must provide the following |
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| information to the Cyber Tipline at the National Center for |
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| Missing and Exploited Children in order to facilitate the |
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| required reporting of child pornography crimes, pursuant to 42 |
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| U.S.C. 13032: |
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LRB095 19641 RLC 45985 b |
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| (a) the agent's name, phone number, and email address; and |
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| (b) the name of the agent's employer. |
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| Section 15. Scope. This Act is applicable to electronic |
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| communications services and remote computing services |
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| incorporated or organized under the laws of this State or |
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| maintaining property or assets in this State. |
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| Section 20. Penalties. A provider of electronic |
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| communications services or remote computing services who |
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| violates this Act by failing to register under Section 10 is |
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| subject to a civil penalty in an amount not to exceed $500 for |
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| each day that the violation continues. The Attorney General may |
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| bring an action in the name of the People of the State of |
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| Illinois to enforce the provisions of this Act.
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| Section 105. The Criminal Code of 1961 is amended by |
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| changing Sections 11-9.4, 11-20.2, 11-21, 11-23, and 11-24 and |
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| by adding Sections 10-8.1 and 11-6.6 as follows: |
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| (720 ILCS 5/10-8.1 new) |
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| Sec. 10-8.1. Unlawful sending of a public conveyance travel |
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| ticket to a minor. |
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| (a) In this Section, "public conveyance" has the meaning |
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| ascribed to it in Section 10-8 of this Code. |
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| (b) A person commits the offense of unlawful sending of a |
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LRB095 19641 RLC 45985 b |
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| public conveyance travel ticket to a minor when the person |
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| without the consent of the minor's parent or guardian: |
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| (1) knowingly sends, causes to be sent, or purchases a |
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| public conveyance travel ticket to any location for a |
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| person known by the offender to be an unemancipated minor |
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| under 17 years of age or a person he or she believes to be a |
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| minor under 17 years of age, other than for a lawful |
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| purpose under Illinois law; or |
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| (2) knowingly arranges for travel to any location on |
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| any public conveyance for a person known by the offender to |
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| be an unemancipated minor under 17 years of age or a person |
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| he or she believes to be a minor under 17 years of age, |
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| other than for a lawful purpose under Illinois law. |
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| (b-5) Telecommunications carriers, commercial mobile |
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| service providers, and providers of information services, |
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| including, but not limited to, Internet service providers and |
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| hosting service providers, are not liable under this Section, |
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| except for willful and wanton misconduct, by virtue of the |
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| transmission, storage, or caching of electronic communications |
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| or messages of others or by virtue of the provision of other |
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| related telecommunications, commercial mobile services, or |
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| information services used by others in violation of this |
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| Section. |
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| (c) Sentence.
Unlawful sending of a public conveyance |
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| travel ticket to a minor is a Class A misdemeanor.
A person who |
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| commits unlawful sending of a public conveyance travel ticket |
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LRB095 19641 RLC 45985 b |
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| to a minor
who believes that he or she is at least 5 years older |
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| than the minor is guilty of a Class 4 felony. |
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| (720 ILCS 5/11-6.6 new) |
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| Sec. 11-6.6. Solicitation to meet a child. |
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| (a) A person of the age of 18 or more years commits the |
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| offense of solicitation to meet a child if the person while |
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| using a computer, cellular telephone, or any other device, with |
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| the intent to meet a child or one whom he or she believes to be |
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| a child, solicits, entices, induces, or arranges with the child |
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| to meet at a location without the knowledge of the child's |
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| parent or guardian and the meeting with the child is arranged |
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| for a purpose other than a lawful purpose under Illinois law. |
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| (b) Sentence. Solicitation to meet a child is a Class A |
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| misdemeanor.
Solicitation to meet a child is a Class 4 felony |
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| when the solicitor believes he or she is 5 or more years older |
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| than the child. |
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| (c) For purposes of this Section, "child" means any person |
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| under 17 years of age; and "computer" has the meaning ascribed |
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| to it in Section 16D-2 of this Code.
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| (720 ILCS 5/11-9.4)
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| (Text of Section after amendment by P.A. 95-640 ) |
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| Sec. 11-9.4. Approaching, contacting, residing, or |
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| communicating with a
child within certain places by child sex |
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| offenders
prohibited.
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LRB095 19641 RLC 45985 b |
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| (a) It is unlawful for a child sex offender to knowingly be |
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| present in any
public park building or on real property |
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| comprising any public park
when persons under the age of
18 are
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| present in the building or on the grounds
and to approach, |
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| contact, or communicate with a child under 18 years of
age,
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| unless the
offender
is a parent or guardian of a person under |
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| 18 years of age present in the
building or on the
grounds.
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| (b) It is unlawful for a child sex offender to knowingly |
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| loiter on a public
way within 500 feet of a public park |
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| building or real property comprising any
public park
while |
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| persons under the age of 18 are present in the building or on |
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| the
grounds
and to approach, contact, or communicate with a |
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| child under 18 years of
age,
unless the offender
is a parent or |
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| guardian of a person under 18 years of age present in the
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| building or on the grounds.
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| (b-5) It is unlawful for a child sex offender to knowingly |
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| reside within
500 feet of a playground, child care institution, |
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| day care center, part day child care facility, or a facility |
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| providing programs or services
exclusively directed toward |
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| persons under 18 years of age. Nothing in this
subsection (b-5) |
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| prohibits a child sex offender from residing within 500 feet
of |
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| a playground or a facility providing programs or services |
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| exclusively
directed toward persons under 18 years of age if |
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| the property is owned by the
child sex offender and was |
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| purchased before the effective date of this
amendatory Act of |
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| the 91st General Assembly. Nothing in this
subsection (b-5) |
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LRB095 19641 RLC 45985 b |
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| prohibits a child sex offender from residing within 500 feet
of |
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| a child care institution, day care center, or part day child |
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| care facility if the property is owned by the
child sex |
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| offender and was purchased before the effective date of this
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| amendatory Act of the 94th General Assembly.
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| (b-6) It is unlawful for a child sex offender to knowingly |
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| reside within
500 feet of the victim of the sex offense. |
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| Nothing in this
subsection (b-6) prohibits a child sex offender |
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| from residing within 500 feet
of the victim
if the property in |
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| which the child sex offender resides is owned by the
child sex |
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| offender and was purchased before the effective date of this
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| amendatory Act of the 92nd General Assembly.
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| This subsection (b-6) does not apply if the victim of the |
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| sex offense
is 21 years of age or older.
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| (b-7) It is unlawful for a child sex offender to knowingly |
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| communicate, other than for a lawful purpose under Illinois |
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| law, using the Internet or any other digital media, with a |
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| person under 18 years of age or with a person whom he or she |
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| believes to be a person under 18 years of age,
unless the |
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| offender
is a parent or guardian of the person under 18 years |
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| of age. |
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| (c) It is unlawful for a child sex offender to knowingly |
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| operate, manage,
be employed by, volunteer at, be associated |
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| with, or knowingly be present at
any: (i) facility providing
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| programs or services exclusively directed towards persons |
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| under the age of 18; (ii) day care center; (iii) part day child |
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LRB095 19641 RLC 45985 b |
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| care facility; (iv) child care institution, or (v) school |
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| providing before and after school programs for children under |
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| 18 years of age.
This does not prohibit a child sex offender |
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| from owning the real property upon
which the programs or |
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| services are offered or upon which the day care center, part |
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| day child care facility, child care institution, or school |
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| providing before and after school programs for children under |
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| 18 years of age is located, provided the child sex offender
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| refrains from being present on the premises for the hours |
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| during which: (1) the
programs or services are being offered or |
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| (2) the day care center, part day child care facility, child |
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| care institution, or school providing before and after school |
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| programs for children under 18 years of age is operated.
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| (c-5) It is unlawful for a child sex offender to knowingly |
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| operate, manage, be employed by, or be associated with any |
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| county fair when persons under the age of 18 are present.
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| (d) Definitions. In this Section:
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| (1) "Child sex offender" means any person who:
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| (i) has been charged under Illinois law, or any |
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| substantially similar
federal law
or law of another |
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| state, with a sex offense set forth in
paragraph (2) of |
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| this subsection (d) or the attempt to commit an |
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| included sex
offense, and:
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| (A) is convicted of such offense or an attempt |
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| to commit such offense;
or
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| (B) is found not guilty by reason of insanity |
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LRB095 19641 RLC 45985 b |
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| of such offense or an
attempt to commit such |
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| offense; or
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| (C) is found not guilty by reason of insanity |
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| pursuant to subsection
(c) of Section 104-25 of the |
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| Code of Criminal Procedure of 1963 of such offense
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| or an attempt to commit such offense; or
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| (D) is the subject of a finding not resulting |
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| in an acquittal at a
hearing conducted pursuant to |
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| subsection (a) of Section 104-25 of the Code of
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| Criminal Procedure of 1963 for the alleged |
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| commission or attempted commission
of such |
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| offense; or
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| (E) is found not guilty by reason of insanity |
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| following a hearing
conducted pursuant to a |
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| federal law or the law of another state |
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| substantially
similar to subsection (c) of Section |
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| 104-25 of the Code of Criminal Procedure
of 1963 of |
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| such offense or of the attempted commission of such |
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| offense; or
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| (F) is the subject of a finding not resulting |
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| in an acquittal at a
hearing
conducted pursuant to |
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| a federal law or the law of another state |
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| substantially
similar to subsection (a) of Section |
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| 104-25 of the Code of Criminal Procedure
of 1963 |
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| for the alleged violation or attempted commission |
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| of such offense; or
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LRB095 19641 RLC 45985 b |
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| (ii) is certified as a sexually dangerous person |
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| pursuant to the
Illinois
Sexually Dangerous Persons |
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| Act, or any substantially similar federal
law or the |
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| law of another state, when any conduct giving rise to |
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| such
certification is committed or attempted against a |
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| person less than 18 years of
age; or
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| (iii) is subject to the provisions of Section 2 of |
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| the Interstate
Agreements on Sexually Dangerous |
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| Persons Act.
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| Convictions that result from or are connected with the |
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| same act, or result
from offenses committed at the same |
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| time, shall be counted for the purpose of
this Section as |
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| one conviction. Any conviction set aside pursuant to law is
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| not a conviction for purposes of this Section.
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| (2) Except as otherwise provided in paragraph (2.5), |
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| "sex offense"
means:
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| (i) A violation of any of the following Sections of |
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| the Criminal Code of
1961: 10-7 (aiding and abetting |
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| child abduction under Section 10-5(b)(10)),
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| 10-5(b)(10) (child luring), 11-6 (indecent |
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| solicitation of a child), 11-6.5
(indecent |
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| solicitation of an adult),
11-9 (public indecency when |
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| committed in a school, on the real property
comprising |
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| a school, on a conveyance owned, leased, or contracted |
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| by a
school to transport students to or from school or |
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| a school related activity, or
in a public park),
11-9.1 |
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LRB095 19641 RLC 45985 b |
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| (sexual exploitation of a child), 11-15.1 (soliciting |
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| for a juvenile
prostitute), 11-17.1 (keeping a place of |
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| juvenile prostitution), 11-18.1
(patronizing a |
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| juvenile prostitute), 11-19.1 (juvenile pimping),
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| 11-19.2 (exploitation of a child), 11-20.1 (child |
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| pornography), 11-20.3 (aggravated child pornography), |
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| 11-21 (harmful
material), 12-14.1
(predatory criminal |
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| sexual assault of a child), 12-33 (ritualized abuse of |
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| a
child), 11-20 (obscenity) (when that offense was |
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| committed in any school, on
real property comprising |
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| any school, on any conveyance owned,
leased, or |
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| contracted by a school to transport students to or from |
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| school or a
school related activity, or in a public |
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| park). An attempt to commit any of
these offenses.
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| (ii) A violation of any of the following Sections |
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| of the Criminal Code
of 1961, when the victim is a |
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| person under 18 years of age: 12-13 (criminal
sexual |
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| assault), 12-14 (aggravated criminal sexual assault), |
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| 12-15 (criminal
sexual abuse), 12-16 (aggravated |
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| criminal sexual abuse). An attempt to commit
any of |
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| these offenses.
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| (iii) A violation of any of the following Sections |
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| of the Criminal Code
of 1961, when the victim is a |
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| person under 18 years of age and the defendant is
not a |
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| parent of the victim:
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| 10-1 (kidnapping),
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LRB095 19641 RLC 45985 b |
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| 10-2 (aggravated kidnapping),
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| 10-3 (unlawful restraint),
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| 10-3.1 (aggravated unlawful restraint).
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| An attempt to commit any of these offenses.
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| (iv) A violation of any former law of this State |
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| substantially
equivalent to any offense listed in |
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| clause (2)(i) of this subsection (d).
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| (2.5) For the purposes of subsection (b-5) only, a sex |
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| offense means:
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| (i) A violation of any of the following Sections of |
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| the Criminal Code of
1961:
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| 10-5(b)(10) (child luring), 10-7 (aiding and |
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| abetting child abduction
under Section |
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| 10-5(b)(10)), 11-6 (indecent solicitation of
a
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| child), 11-6.5 (indecent solicitation of an |
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| adult), 11-15.1 (soliciting for a
juvenile
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| prostitute), 11-17.1 (keeping a place of juvenile |
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| prostitution), 11-18.1
(patronizing a juvenile |
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| prostitute), 11-19.1 (juvenile pimping),
11-19.2 |
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| (exploitation of a child), 11-20.1 (child |
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| pornography), 11-20.3 (aggravated child |
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| pornography), 12-14.1
(predatory criminal sexual |
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| assault of a child), or 12-33 (ritualized abuse of |
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| a
child). An attempt
to commit any of
these |
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| offenses.
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| (ii) A violation of any of the following Sections |
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LRB095 19641 RLC 45985 b |
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| of the Criminal Code
of 1961, when the victim is a |
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| person under 18 years of age: 12-13 (criminal
sexual |
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| assault), 12-14 (aggravated criminal sexual assault),
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| 12-16 (aggravated criminal sexual abuse), and |
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| subsection (a) of Section 12-15
(criminal sexual |
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| abuse). An attempt to commit
any of these offenses.
|
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| (iii) A violation of any of the following Sections |
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| of the Criminal Code
of 1961, when the victim is a |
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| person under 18 years of age and the defendant is
not a |
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| parent of the victim:
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| 10-1 (kidnapping),
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| 10-2 (aggravated kidnapping),
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| 10-3 (unlawful restraint),
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| 10-3.1 (aggravated unlawful restraint).
|
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| An attempt to commit any of these offenses.
|
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| (iv) A violation of any former law of this State |
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| substantially
equivalent to any offense listed in this |
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| paragraph (2.5) of
this subsection.
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| (3) A conviction for an offense of federal law or the |
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| law of another state
that is substantially equivalent to |
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| any offense listed in paragraph (2) of this
subsection (d) |
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| shall constitute a conviction for the purpose of
this |
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| Section. A finding or adjudication as a sexually dangerous |
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| person under
any federal law or law of another state that |
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| is substantially equivalent to the
Sexually Dangerous |
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| Persons Act shall constitute an adjudication for the
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LRB095 19641 RLC 45985 b |
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| purposes of this Section.
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| (4) "Public park" includes a park, forest preserve, or
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| conservation
area
under the jurisdiction of the State or a |
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| unit of local government.
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| (5) "Facility providing programs or services directed |
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| towards persons
under
the age of 18" means any facility |
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| providing programs or services exclusively
directed |
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| towards persons under the age of 18.
|
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| (6) "Loiter" means:
|
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| (i) Standing, sitting idly, whether or not the |
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| person is in a vehicle or
remaining in or around public |
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| park property.
|
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| (ii) Standing, sitting idly, whether or not the |
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| person is in a vehicle
or remaining in or around public |
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| park property, for the purpose of committing
or
|
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| attempting to commit a sex offense.
|
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| (7) "Playground" means a piece of land owned or |
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| controlled by a unit
of
local government that is designated |
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| by the unit of local government for use
solely or primarily |
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| for children's recreation.
|
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| (8) "Child care institution" has the meaning ascribed |
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| to it in Section 2.06 of the Child Care Act of 1969.
|
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| (9) "Day care center" has the meaning ascribed to it in |
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| Section 2.09 of the Child Care Act of 1969. |
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| (10) "Part day child care facility" has the meaning |
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| ascribed to it in Section 2.10 of the Child Care Act of |
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LRB095 19641 RLC 45985 b |
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| 1969.
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| (11) "Internet" means an interactive computer service |
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| or system or an
information service, system, or access |
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| software provider that provides or
enables computer access |
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| by multiple users to a computer server, and includes,
but |
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| is not limited to, an information service, system, or |
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| access software
provider that provides access to a network |
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| system commonly known as the
Internet, or any comparable |
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| system or service and also includes, but is not
limited to, |
10 |
| a World Wide Web page, newsgroup, message board, mailing |
11 |
| list, or
chat area on any interactive computer service or |
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| system or other online
service. |
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| (e) Sentence. A person who violates this Section is guilty |
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| of a Class 4
felony.
|
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| (Source: P.A. 94-925, eff. 6-26-06; 95-32, eff. 1-1-08; 95-640, |
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| eff. 6-1-08; revised 10-30-07.)
|
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| (720 ILCS 5/11-20.2) (from Ch. 38, par. 11-20.2)
|
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| Sec. 11-20.2. Duty to report child pornography.
|
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| (a) Any commercial film and photographic print processor or |
20 |
| computer technician who
has knowledge of or observes, within |
21 |
| the scope of his professional capacity
or employment, any film, |
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| photograph, videotape, negative ,
or slide , computer hard drive |
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| or any other magnetic or optical media which
depicts a child |
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| whom the processor or computer technician knows or reasonably |
25 |
| should know to be
under the age of 18 where such child is:
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SB2349 Enrolled |
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LRB095 19641 RLC 45985 b |
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| (i) actually or by simulation engaged in any act of sexual |
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| penetration or sexual conduct
intercourse
with any person or |
3 |
| animal; or
|
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| (ii) actually or by simulation engaged in any act of sexual |
5 |
| penetration or sexual conduct
contact
involving the sex organs |
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| of the child and the mouth, anus, or sex organs of
another |
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| person or animal; or which involves the mouth, anus or sex |
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| organs
of the child and the sex organs of another person or |
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| animal; or
|
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| (iii) actually or by simulation engaged in any act of |
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| masturbation; or
|
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| (iv) actually or by simulation portrayed as being the |
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| object of, or
otherwise engaged in, any act of lewd fondling, |
14 |
| touching, or caressing
involving another person or animal; or
|
15 |
| (v) actually or by simulation engaged in any act of |
16 |
| excretion or
urination within a sexual context; or
|
17 |
| (vi) actually or by simulation portrayed or depicted as |
18 |
| bound, fettered,
or subject to sadistic, masochistic, or |
19 |
| sadomasochistic abuse in any sexual
context; or
|
20 |
| (vii) depicted or portrayed in any pose, posture or setting |
21 |
| involving a lewd exhibition of the unclothed or transparently |
22 |
| clothed genitals, pubic area, buttocks, or, if such person is |
23 |
| female, a fully or partially developed breast of the child or |
24 |
| other person;
|
25 |
| shall report or cause a report to be made pursuant to |
26 |
| subsections (b) and (c) such instance to a peace officer |
|
|
|
SB2349 Enrolled |
- 16 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| immediately or as
soon as reasonably possible. Failure to make |
2 |
| such report shall be a business offense
with a fine of $1,000 .
|
3 |
| (b) Commercial film and photographic film processors shall |
4 |
| report or cause a report to be made to the local law |
5 |
| enforcement agency of the jurisdiction in which the image or |
6 |
| images described in subsection (a) are discovered. |
7 |
| (c) Computer technicians shall report or cause the report |
8 |
| to be made to the local law enforcement agency of the |
9 |
| jurisdiction in which the image or images described in |
10 |
| subsection (a) are discovered or to the Illinois Child |
11 |
| Exploitation e-Tipline at reportchildporn@atg.state.il.us. |
12 |
| (d) Reports required by this Act shall include the |
13 |
| following information:
(i) name, address, and telephone number |
14 |
| of the person filing the report;
(ii) the employer of the |
15 |
| person filing the report, if any;
(iii) the name, address and |
16 |
| telephone number of the person whose property is the subject of |
17 |
| the report, if known;
(iv) the circumstances which led to the |
18 |
| filing of the report, including a description of the reported |
19 |
| content. |
20 |
| (e) If a report is filed with the Cyber Tipline at the |
21 |
| National Center for Missing and Exploited Children or in |
22 |
| accordance with the requirements of 42 U.S.C. 13032, the |
23 |
| requirements of this Act will be deemed to have been met. |
24 |
| (f) A computer technician or an employer caused to report |
25 |
| child pornography under this Section is immune from any |
26 |
| criminal, civil, or administrative liability in connection |
|
|
|
SB2349 Enrolled |
- 17 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| with making the report, except for willful or wanton |
2 |
| misconduct. |
3 |
| (g) For the purposes of this Section, a "computer |
4 |
| technician" is a person who installs, maintains, |
5 |
| troubleshoots, repairs or upgrades computer hardware, |
6 |
| software, computer networks, peripheral equipment, electronic |
7 |
| mail systems, or provides user assistance for any of the |
8 |
| aforementioned tasks .
|
9 |
| (Source: P.A. 84-1280.)
|
10 |
| (720 ILCS 5/11-21) (from Ch. 38, par. 11-21)
|
11 |
| Sec. 11-21. Harmful material.
|
12 |
| (a) As used in this Section:
|
13 |
| "Distribute" means transfer possession of, whether |
14 |
| with or without consideration.
|
15 |
| "Harmful to minors" means that quality of any |
16 |
| description or representation, in whatever form, of |
17 |
| nudity, sexual conduct, sexual excitement, or |
18 |
| sado-masochistic abuse, when, taken as a whole, it (i) |
19 |
| predominately appeals to the prurient interest in sex of |
20 |
| minors, (ii) is patently offensive to prevailing standards |
21 |
| in the adult community in the State as a whole with respect |
22 |
| to what is suitable material for minors, and (iii) lacks |
23 |
| serious literary, artistic, political, or scientific value |
24 |
| for minors.
|
25 |
| "Knowingly" means having knowledge of the contents of |
|
|
|
SB2349 Enrolled |
- 18 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| the subject matter, or recklessly failing to exercise |
2 |
| reasonable inspection which would have disclosed the |
3 |
| contents.
|
4 |
| "Material" means (i) any picture, photograph, drawing, |
5 |
| sculpture, film, video game, computer game, video or |
6 |
| similar visual depiction, including any such |
7 |
| representation or image which is stored electronically, or |
8 |
| (ii) any book, magazine, printed matter however |
9 |
| reproduced, or recorded audio of any sort.
|
10 |
| "Minor" means any person under the age of 18.
|
11 |
| "Nudity" means the showing of the human male or female |
12 |
| genitals, pubic area or buttocks with less than a full |
13 |
| opaque covering, or the showing of the female breast with |
14 |
| less than a fully opaque covering of any portion below the |
15 |
| top of the nipple, or the depiction of covered male |
16 |
| genitals in a discernably turgid state.
|
17 |
| "Sado-masochistic abuse" means flagellation or torture |
18 |
| by or upon a person clad in undergarments, a mask or |
19 |
| bizarre costume, or the condition of being fettered, bound |
20 |
| or otherwise physically restrained on the part of one |
21 |
| clothed for sexual gratification or stimulation.
|
22 |
| "Sexual conduct" means acts of masturbation, sexual |
23 |
| intercourse, or physical contact with a person's clothed or |
24 |
| unclothed genitals, pubic area, buttocks or, if such person |
25 |
| be a female, breast.
|
26 |
| "Sexual excitement" means the condition of human male |
|
|
|
SB2349 Enrolled |
- 19 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| or female genitals when in a state of sexual stimulation or |
2 |
| arousal.
|
3 |
| (b) A person is guilty of distributing harmful material to |
4 |
| a minor when he or she:
|
5 |
| (1) knowingly sells, lends, distributes, or gives away |
6 |
| to a minor, knowing that the minor is under the age of 18 |
7 |
| or failing to exercise reasonable care in ascertaining the |
8 |
| person's true age:
|
9 |
| (A) any material which depicts nudity, sexual |
10 |
| conduct or sado-masochistic abuse, or which contains |
11 |
| explicit and detailed verbal descriptions or narrative |
12 |
| accounts of sexual excitement, sexual conduct or |
13 |
| sado-masochistic abuse, and which taken as a whole is |
14 |
| harmful to minors;
|
15 |
| (B) a motion picture, show, or other presentation |
16 |
| which depicts nudity, sexual conduct or |
17 |
| sado-masochistic abuse and is harmful to minors; or
|
18 |
| (C) an admission ticket or pass to premises where |
19 |
| there is exhibited or to be exhibited such a motion |
20 |
| picture, show, or other presentation; or
|
21 |
| (2) admits a minor to premises where there is exhibited |
22 |
| or to be exhibited such a motion picture, show, or other |
23 |
| presentation, knowing that the minor is a person under the |
24 |
| age of 18 or failing to exercise reasonable care in |
25 |
| ascertaining the person's true age.
|
26 |
| (c) In any prosecution arising under this Section, it is an |
|
|
|
SB2349 Enrolled |
- 20 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| affirmative defense:
|
2 |
| (1) that the minor as to whom the offense is alleged to |
3 |
| have been committed exhibited to the accused a draft card, |
4 |
| driver's license, birth certificate or other official or |
5 |
| apparently official document purporting to establish that |
6 |
| the minor was 18 years of age or older, which was relied |
7 |
| upon by the accused;
|
8 |
| (2) that the defendant was in a parental or |
9 |
| guardianship relationship with the minor or that the minor |
10 |
| was accompanied by a parent or legal guardian;
|
11 |
| (3) that the defendant was a bona fide school, museum, |
12 |
| or public library, or was a person acting in the course of |
13 |
| his or her employment as an employee or official of such |
14 |
| organization or retail outlet affiliated with and serving |
15 |
| the educational purpose of such organization;
|
16 |
| (4) that the act charged was committed in aid of |
17 |
| legitimate scientific or educational purposes; or
|
18 |
| (5) that an advertisement of harmful material as |
19 |
| defined in this Section culminated in the sale or |
20 |
| distribution of such harmful material to a child under |
21 |
| circumstances where there was no personal confrontation of |
22 |
| the child by the defendant, his employees, or agents, as |
23 |
| where the order or request for such harmful material was |
24 |
| transmitted by mail, telephone, Internet or similar means |
25 |
| of communication, and delivery of such harmful material to |
26 |
| the child was by mail, freight, Internet or similar means |
|
|
|
SB2349 Enrolled |
- 21 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| of transport, which advertisement contained the following |
2 |
| statement, or a substantially similar statement, and that |
3 |
| the defendant required the purchaser to certify that he or |
4 |
| she was not under the age of 18 and that the purchaser |
5 |
| falsely stated that he or she was not under the age of 18: |
6 |
| "NOTICE: It is unlawful for any person under the age of 18 |
7 |
| to purchase the matter advertised. Any person under the age |
8 |
| of 18 that falsely states that he or she is not under the |
9 |
| age of 18 for the purpose of obtaining the material |
10 |
| advertised is guilty of a Class B misdemeanor under the |
11 |
| laws of the State."
|
12 |
| (d) The predominant appeal to prurient interest of the |
13 |
| material shall be judged with reference to average children of |
14 |
| the same general age of the child to whom such material was |
15 |
| sold, lent, distributed or given, unless it appears from the |
16 |
| nature of the matter or the circumstances of its dissemination |
17 |
| or distribution that it is designed for specially susceptible |
18 |
| groups, in which case the predominant appeal of the material |
19 |
| shall be judged with reference to its intended or probable |
20 |
| recipient group.
|
21 |
| (e) Distribution of harmful material in violation of this |
22 |
| Section is a Class A misdemeanor. A second or subsequent |
23 |
| offense is a Class 4 felony.
|
24 |
| (f) Any person under the age of 18 that falsely states, |
25 |
| either orally or in writing, that he or she is not under the |
26 |
| age of 18, or that presents or offers to any person any |
|
|
|
SB2349 Enrolled |
- 22 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| evidence of age and identity that is false or not actually his |
2 |
| or her own for the purpose of ordering, obtaining, viewing, or |
3 |
| otherwise procuring or attempting to procure or view any |
4 |
| harmful material is guilty of a Class B misdemeanor.
|
5 |
| (g) A person over the age of 18 who fails to exercise |
6 |
| reasonable care in ascertaining the true age of a minor, |
7 |
| knowingly distributes to, or sends, or causes to be sent, or |
8 |
| exhibits to, or offers to distribute, or exhibits any harmful |
9 |
| material to a person that he or she believes is a minor is |
10 |
| guilty of a Class A misdemeanor. If that person utilized a |
11 |
| computer web camera, cellular telephone, or any other type of |
12 |
| device to manufacture the harmful material, then each offense |
13 |
| is a Class 4 felony. |
14 |
| (h) Telecommunications carriers, commercial mobile service |
15 |
| providers, and providers of information services, including, |
16 |
| but not limited to, Internet service providers and hosting |
17 |
| service providers, are not liable under this Section, except |
18 |
| for willful and wanton misconduct, by virtue of the |
19 |
| transmission, storage, or caching of electronic communications |
20 |
| or messages of others or by virtue of the provision of other |
21 |
| related telecommunications, commercial mobile services, or |
22 |
| information services used by others in violation of this |
23 |
| Section. |
24 |
| (Source: P.A. 94-315, eff. 1-1-06.)
|
25 |
| (720 ILCS 5/11-23)
|
|
|
|
SB2349 Enrolled |
- 23 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| Sec. 11-23. Posting of identifying or graphic information |
2 |
| on a pornographic
Internet site or possessing graphic |
3 |
| information with pornographic material .
|
4 |
| (a) A person at least 17 years of age who discloses on an |
5 |
| adult obscenity or
child
pornography Internet site the name, |
6 |
| address, telephone number, or e-mail
address of a person
under |
7 |
| 17 years of age at the time of the commission of
the offense or |
8 |
| of a person at least 17 years of age without the consent of
the |
9 |
| person at least 17 years of age is guilty of the offense of |
10 |
| posting of
identifying information on a pornographic Internet |
11 |
| site.
|
12 |
| (a-5) Any person who places, posts, reproduces, or |
13 |
| maintains on an adult obscenity or child pornography Internet |
14 |
| site a photograph, video, or digital image of a person under 18 |
15 |
| years of age that is not child pornography under Section |
16 |
| 11-20.1, without the knowledge and consent of the person under |
17 |
| 18 years of age, is guilty of the offense of posting of graphic |
18 |
| information on a pornographic Internet site. This provision |
19 |
| applies even if the person under 18 years of age is fully or |
20 |
| properly clothed in the photograph, video, or digital image. |
21 |
| (a-10) Any person who places, posts, reproduces, or |
22 |
| maintains on an adult obscenity or child pornography Internet |
23 |
| site, or possesses with obscene or child pornographic material |
24 |
| a photograph, video, or digital image of a person under 18 |
25 |
| years of age in which the child is posed in a suggestive manner |
26 |
| with the focus or concentration of the image on the child's |
|
|
|
SB2349 Enrolled |
- 24 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| clothed genitals, clothed pubic area, clothed buttocks area, or |
2 |
| if the child is female, the breast exposed through transparent |
3 |
| clothing, and the photograph, video, or digital image is not |
4 |
| child pornography under Section 11-20.1, is guilty of posting |
5 |
| of graphic information on a pornographic Internet site or |
6 |
| possessing graphic information with pornographic material. |
7 |
| (b) Sentence. A person who violates subsection (a) of this |
8 |
| Section is guilty of a Class 4
felony if the victim is at least |
9 |
| 17 years of age at the time of the offense and
a
Class 3 felony |
10 |
| if the victim is under 17 years of age at the time of the
|
11 |
| offense. A person who violates subsection (a-5) of this Section |
12 |
| is guilty of a Class 4 felony. A person who violates subsection |
13 |
| (a-10) of this Section is guilty of a Class 3 felony.
|
14 |
| (c) Definitions. For purposes of this Section:
|
15 |
| (1) "Adult obscenity or child pornography Internet |
16 |
| site" means a site on
the Internet that contains material |
17 |
| that is obscene as defined in Section 11-20
of this Code or
|
18 |
| that is child pornography as defined in Section 11-20.1 of |
19 |
| this Code.
|
20 |
| (2) "Internet" includes the World Wide Web, electronic |
21 |
| mail, a
news group posting, or Internet file transfer.
|
22 |
| (Source: P.A. 91-222, eff. 7-22-99.)
|
23 |
| (720 ILCS 5/11-24) |
24 |
| Sec. 11-24. Child photography by sex offender. |
25 |
| (a) In this Section: |
|
|
|
SB2349 Enrolled |
- 25 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| "Child" means a person under 18 years of age. |
2 |
| "Child sex offender" has the meaning ascribed to it in
|
3 |
| Section 11-9.3 of this Code. |
4 |
| (b) It is unlawful for a child sex offender to
knowingly: |
5 |
| (1) conduct or operate any type of business in
which he |
6 |
| or she photographs, videotapes, or takes a
digital image of |
7 |
| a child; or |
8 |
| (2) conduct or operate any type of business in
which he |
9 |
| or she instructs or directs another person to
photograph, |
10 |
| videotape, or take a digital image of a
child ; or . |
11 |
| (3) photograph, videotape, or take a digital image of a |
12 |
| child, or instruct or direct another person to photograph, |
13 |
| videotape, or take a digital image of a child without the |
14 |
| consent of the parent or guardian. |
15 |
| (c) Sentence. A violation of this Section is a Class 2
|
16 |
| felony. A person who violates this Section at a playground, |
17 |
| park facility, school, forest preserve, day care facility, or |
18 |
| at a facility providing programs or services directed to |
19 |
| persons under 17 years of age is guilty of a Class 1 felony.
|
20 |
| (Source: P.A. 93-905, eff. 1-1-05.)
|
21 |
| Section 110. The Unified Code of Corrections is amended by |
22 |
| changing Sections 3-3-7, 5-6-3, 5-6-3.1, and 5-8-1 as follows: |
23 |
| (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) |
24 |
| (Text of Section after amendment by P.A. 95-464, 95-579, |
|
|
|
SB2349 Enrolled |
- 26 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| and 95-640 ) |
2 |
| Sec. 3-3-7. Conditions of Parole or Mandatory Supervised |
3 |
| Release.
|
4 |
| (a) The conditions of parole or mandatory
supervised |
5 |
| release shall be such as the Prisoner Review
Board deems |
6 |
| necessary to assist the subject in leading a
law-abiding life. |
7 |
| The conditions of every parole and mandatory
supervised release |
8 |
| are that the subject:
|
9 |
| (1) not violate any criminal statute of any |
10 |
| jurisdiction
during the parole or release term;
|
11 |
| (2) refrain from possessing a firearm or other |
12 |
| dangerous
weapon;
|
13 |
| (3) report to an agent of the Department of |
14 |
| Corrections;
|
15 |
| (4) permit the agent to visit him or her at his or her |
16 |
| home, employment,
or
elsewhere to the
extent necessary for |
17 |
| the agent to discharge his or her duties;
|
18 |
| (5) attend or reside in a facility established for the |
19 |
| instruction or
residence
of persons on
parole or mandatory |
20 |
| supervised release;
|
21 |
| (6) secure permission before visiting or writing a |
22 |
| committed person in an
Illinois Department
of Corrections |
23 |
| facility;
|
24 |
| (7) report all arrests to an agent of the Department of |
25 |
| Corrections as
soon as
permitted by the
arresting authority |
26 |
| but in no event later than 24 hours after release from
|
|
|
|
SB2349 Enrolled |
- 27 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| custody;
|
2 |
| (7.5) if convicted of a sex offense as defined in the |
3 |
| Sex Offender
Management Board Act, the individual shall |
4 |
| undergo and successfully complete
sex offender treatment |
5 |
| conducted in conformance with the standards developed by
|
6 |
| the Sex
Offender Management Board Act by a treatment |
7 |
| provider approved by the Board;
|
8 |
| (7.6) if convicted of a sex offense as defined in the |
9 |
| Sex Offender
Management Board Act, refrain from residing at |
10 |
| the same address or in the same condominium unit or |
11 |
| apartment unit or in the same condominium complex or |
12 |
| apartment complex with another person he or she knows or |
13 |
| reasonably should know is a convicted sex offender or has |
14 |
| been placed on supervision for a sex offense; the |
15 |
| provisions of this paragraph do not apply to a person |
16 |
| convicted of a sex offense who is placed in a Department of |
17 |
| Corrections licensed transitional housing facility for sex |
18 |
| offenders, or is in any facility operated or licensed by |
19 |
| the Department of Children and Family Services or by the |
20 |
| Department of Human Services, or is in any licensed medical |
21 |
| facility;
|
22 |
| (7.7) if convicted for an offense that would qualify |
23 |
| the accused as a sexual predator under the Sex Offender |
24 |
| Registration Act on or after the effective date of this |
25 |
| amendatory Act of the 94th General Assembly, wear an |
26 |
| approved electronic monitoring device as defined in |
|
|
|
SB2349 Enrolled |
- 28 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| Section 5-8A-2 for the duration of the person's parole, |
2 |
| mandatory supervised release term, or extended mandatory |
3 |
| supervised release term;
|
4 |
| (7.8) if convicted for an offense committed on or after |
5 |
| the effective date of this amendatory Act of the 95th |
6 |
| General Assembly that would qualify the accused as a child |
7 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the |
8 |
| Criminal Code of 1961, refrain from communicating with or |
9 |
| contacting, by means of the Internet, a person who is not |
10 |
| related to the accused and whom the accused reasonably |
11 |
| believes to be under 18 years of age; for purposes of this |
12 |
| paragraph (7.8), "Internet" has the meaning ascribed to it |
13 |
| in Section 16J-5 of the Criminal Code of 1961 , as added by |
14 |
| Public Act 94-179 ; and a person is not related to the |
15 |
| accused if the person is not: (i) the spouse, brother, or |
16 |
| sister of the accused; (ii) a descendant of the accused; |
17 |
| (iii) a first or second cousin of the accused; or (iv) a |
18 |
| step-child or adopted child of the accused;
|
19 |
| (7.9)
(7.8) if convicted under Section 11-6, 11-20.1, |
20 |
| 11-20.3, or 11-21 of the Criminal Code of 1961, consent to |
21 |
| search of computers, PDAs, cellular phones, and other |
22 |
| devices under his or her control that are capable of |
23 |
| accessing the Internet or storing electronic files, in |
24 |
| order to confirm Internet protocol addresses reported in |
25 |
| accordance with the Sex Offender Registration Act and |
26 |
| compliance with conditions in this Act;
|
|
|
|
SB2349 Enrolled |
- 29 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| (7.10)
(7.8) if convicted for an offense that would |
2 |
| qualify the accused as a sex offender or sexual predator |
3 |
| under the Sex Offender Registration Act on or after the |
4 |
| effective date of this amendatory Act of the 95th General |
5 |
| Assembly, not possess prescription drugs for erectile |
6 |
| dysfunction;
|
7 |
| (7.11) if convicted for an offense under Section 11-6, |
8 |
| 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal |
9 |
| Code of 1961, or any attempt to commit any of these |
10 |
| offenses, committed on or after the effective date of this |
11 |
| amendatory Act of the 95th General Assembly: |
12 |
| (i) not access or use a computer or any other |
13 |
| device with Internet capability without the prior |
14 |
| written approval of the Department; |
15 |
| (ii) submit to periodic unannounced examinations |
16 |
| of the offender's computer or any other device with |
17 |
| Internet capability by the offender's supervising |
18 |
| agent, a law enforcement officer, or assigned computer |
19 |
| or information technology specialist, including the |
20 |
| retrieval and copying of all data from the computer or |
21 |
| device and any internal or external peripherals and |
22 |
| removal of such information, equipment, or device to |
23 |
| conduct a more thorough inspection; |
24 |
| (iii) submit to the installation on the offender's |
25 |
| computer or device with Internet capability, at the |
26 |
| offender's expense, of one or more hardware or software |
|
|
|
SB2349 Enrolled |
- 30 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| systems to monitor the Internet use; and |
2 |
| (iv) submit to any other appropriate restrictions |
3 |
| concerning the offender's use of or access to a |
4 |
| computer or any other device with Internet capability |
5 |
| imposed by the Board, the Department or the offender's |
6 |
| supervising agent; |
7 |
| (8) obtain permission of an agent of the Department of |
8 |
| Corrections before
leaving the
State of Illinois;
|
9 |
| (9) obtain permission of an agent of the Department of |
10 |
| Corrections before
changing
his or her residence or |
11 |
| employment;
|
12 |
| (10) consent to a search of his or her person, |
13 |
| property, or residence
under his or her
control;
|
14 |
| (11) refrain from the use or possession of narcotics or |
15 |
| other controlled
substances in
any form, or both, or any |
16 |
| paraphernalia related to those substances and submit
to a
|
17 |
| urinalysis test as instructed by a parole agent of the |
18 |
| Department of
Corrections;
|
19 |
| (12) not frequent places where controlled substances |
20 |
| are illegally sold,
used,
distributed, or administered;
|
21 |
| (13) not knowingly associate with other persons on |
22 |
| parole or mandatory
supervised
release without prior |
23 |
| written permission of his or her parole agent and not
|
24 |
| associate with
persons who are members of an organized gang |
25 |
| as that term is defined in the
Illinois
Streetgang |
26 |
| Terrorism Omnibus Prevention Act;
|
|
|
|
SB2349 Enrolled |
- 31 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| (14) provide true and accurate information, as it |
2 |
| relates to his or her
adjustment in the
community while on |
3 |
| parole or mandatory supervised release or to his or her
|
4 |
| conduct
while incarcerated, in response to inquiries by his |
5 |
| or her parole agent or of
the
Department of Corrections;
|
6 |
| (15) follow any specific instructions provided by the |
7 |
| parole agent that
are consistent
with furthering |
8 |
| conditions set and approved by the Prisoner Review Board or |
9 |
| by
law,
exclusive of placement on electronic detention, to |
10 |
| achieve the goals and
objectives of his
or her parole or |
11 |
| mandatory supervised release or to protect the public. |
12 |
| These
instructions by the parole agent may be modified at |
13 |
| any time, as the agent
deems
appropriate; and
|
14 |
| (16) if convicted of a sex offense as defined in |
15 |
| subsection (a-5) of Section 3-1-2 of this Code, unless the |
16 |
| offender is a parent or guardian of the person under 18 |
17 |
| years of age present in the home and no non-familial minors |
18 |
| are present, not participate in a holiday event involving |
19 |
| children under 18 years of age, such as distributing candy |
20 |
| or other items to children on Halloween, wearing a Santa |
21 |
| Claus costume on or preceding Christmas, being employed as |
22 |
| a department store Santa Claus, or wearing an Easter Bunny |
23 |
| costume on or preceding Easter. |
24 |
| (b) The Board may in addition to other conditions
require |
25 |
| that the subject:
|
26 |
| (1) work or pursue a course of study or vocational |
|
|
|
SB2349 Enrolled |
- 32 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| training;
|
2 |
| (2) undergo medical or psychiatric treatment, or |
3 |
| treatment
for drug addiction or alcoholism;
|
4 |
| (3) attend or reside in a facility established for the
|
5 |
| instruction or residence of persons on probation or parole;
|
6 |
| (4) support his dependents;
|
7 |
| (5) (blank);
|
8 |
| (6) (blank);
|
9 |
| (7) comply with the terms and conditions of an order of |
10 |
| protection
issued pursuant to the Illinois Domestic |
11 |
| Violence Act of 1986, enacted by the
84th General Assembly, |
12 |
| or an order of protection issued by the court of another
|
13 |
| state, tribe, or United States territory;
|
14 |
| (7.5) if convicted for an offense committed on or after |
15 |
| the effective date of this amendatory Act of the 95th |
16 |
| General Assembly that would qualify the accused as a child |
17 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the |
18 |
| Criminal Code of 1961, refrain from communicating with or |
19 |
| contacting, by means of the Internet, a person who is |
20 |
| related to the accused and whom the accused reasonably |
21 |
| believes to be under 18 years of age; for purposes of this |
22 |
| paragraph (7.5), "Internet" has the meaning ascribed to it |
23 |
| in Section 16J-5 of the Criminal Code of 1961 , as added by |
24 |
| Public Act 94-179 ; and a person is related to the accused |
25 |
| if the person is: (i) the spouse, brother, or sister of the |
26 |
| accused; (ii) a descendant of the accused; (iii) a first or |
|
|
|
SB2349 Enrolled |
- 33 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| second cousin of the accused; or (iv) a step-child or |
2 |
| adopted child of the accused; |
3 |
| (7.6) if convicted for an offense committed on or after |
4 |
| the effective date of this amendatory Act of the 95th |
5 |
| General Assembly that would qualify as a sex offense as |
6 |
| defined in the Sex Offender Registration Act: |
7 |
| (i) not access or use a computer or any other |
8 |
| device with Internet capability without the prior |
9 |
| written approval of the Department; |
10 |
| (ii) submit to periodic unannounced examinations |
11 |
| of the offender's computer or any other device with |
12 |
| Internet capability by the offender's supervising |
13 |
| agent, a law enforcement officer, or assigned computer |
14 |
| or information technology specialist, including the |
15 |
| retrieval and copying of all data from the computer or |
16 |
| device and any internal or external peripherals and |
17 |
| removal of such information, equipment, or device to |
18 |
| conduct a more thorough inspection; |
19 |
| (iii) submit to the installation on the offender's |
20 |
| computer or device with Internet capability, at the |
21 |
| offender's expense, of one or more hardware or software |
22 |
| systems to monitor the Internet use; and |
23 |
| (iv) submit to any other appropriate restrictions |
24 |
| concerning the offender's use of or access to a |
25 |
| computer or any other device with Internet capability |
26 |
| imposed by the Board, the Department or the offender's |
|
|
|
SB2349 Enrolled |
- 34 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| supervising agent; and
|
2 |
| (8) in addition, if a minor:
|
3 |
| (i) reside with his parents or in a foster home;
|
4 |
| (ii) attend school;
|
5 |
| (iii) attend a non-residential program for youth; |
6 |
| or
|
7 |
| (iv) contribute to his own support at home or in a |
8 |
| foster
home.
|
9 |
| (b-1) In addition to the conditions set forth in |
10 |
| subsections (a) and (b), persons required to register as sex |
11 |
| offenders pursuant to the Sex Offender Registration Act, upon |
12 |
| release from the custody of the Illinois Department of |
13 |
| Corrections, may be required by the Board to comply with the |
14 |
| following specific conditions of release: |
15 |
| (1) reside only at a Department approved location; |
16 |
| (2) comply with all requirements of the Sex Offender |
17 |
| Registration Act;
|
18 |
| (3) notify
third parties of the risks that may be |
19 |
| occasioned by his or her criminal record; |
20 |
| (4) obtain the approval of an agent of the Department |
21 |
| of Corrections prior to accepting employment or pursuing a |
22 |
| course of study or vocational training and notify the |
23 |
| Department prior to any change in employment, study, or |
24 |
| training; |
25 |
| (5) not be employed or participate in any
volunteer |
26 |
| activity that involves contact with children, except under |
|
|
|
SB2349 Enrolled |
- 35 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| circumstances approved in advance and in writing by an |
2 |
| agent of the Department of Corrections; |
3 |
| (6) be electronically monitored for a minimum of 12 |
4 |
| months from the date of release as determined by the Board;
|
5 |
| (7) refrain from entering into a designated
geographic |
6 |
| area except upon terms approved in advance by an agent of |
7 |
| the Department of Corrections. The terms may include |
8 |
| consideration of the purpose of the entry, the time of day, |
9 |
| and others accompanying the person; |
10 |
| (8) refrain from having any contact, including
written |
11 |
| or oral communications, directly or indirectly, personally |
12 |
| or by telephone, letter, or through a third party with |
13 |
| certain specified persons including, but not limited to, |
14 |
| the victim or the victim's family without the prior written |
15 |
| approval of an agent of the Department of Corrections; |
16 |
| (9) refrain from all contact, directly or
indirectly, |
17 |
| personally, by telephone, letter, or through a third party, |
18 |
| with minor children without prior identification and |
19 |
| approval of an agent of the Department of Corrections; |
20 |
| (10) neither possess or have under his or her
control |
21 |
| any material that is sexually oriented, sexually |
22 |
| stimulating, or that shows male or female sex organs or any |
23 |
| pictures depicting children under 18 years of age nude or |
24 |
| any written or audio material describing sexual |
25 |
| intercourse or that depicts or alludes to sexual activity, |
26 |
| including but not limited to visual, auditory, telephonic, |
|
|
|
SB2349 Enrolled |
- 36 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| or electronic media, or any matter obtained through access |
2 |
| to any computer or material linked to computer access use; |
3 |
| (11) not patronize any business providing
sexually |
4 |
| stimulating or sexually oriented entertainment nor utilize |
5 |
| "900" or adult telephone numbers; |
6 |
| (12) not reside near, visit, or be in or about
parks, |
7 |
| schools, day care centers, swimming pools, beaches, |
8 |
| theaters, or any other places where minor children |
9 |
| congregate without advance approval of an agent of the |
10 |
| Department of Corrections and immediately report any |
11 |
| incidental contact with minor children to the Department; |
12 |
| (13) not possess or have under his or her control
|
13 |
| certain specified items of contraband related to the |
14 |
| incidence of sexually offending as determined by an agent |
15 |
| of the Department of Corrections; |
16 |
| (14) may be required to provide a written daily log of |
17 |
| activities
if directed by an agent of the Department of |
18 |
| Corrections; |
19 |
| (15) comply with all other special conditions
that the |
20 |
| Department may impose that restrict the person from |
21 |
| high-risk situations and limit access to potential |
22 |
| victims; |
23 |
| (16) take an annual polygraph exam; |
24 |
| (17) maintain a log of his or her travel; or |
25 |
| (18) obtain prior approval of his or her parole officer |
26 |
| before driving alone in a motor vehicle.
|
|
|
|
SB2349 Enrolled |
- 37 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| (c) The conditions under which the parole or mandatory
|
2 |
| supervised release is to be served shall be communicated to
the |
3 |
| person in writing prior to his release, and he shall
sign the |
4 |
| same before release. A signed copy of these conditions,
|
5 |
| including a copy of an order of protection where one had been |
6 |
| issued by the
criminal court, shall be retained by the person |
7 |
| and another copy forwarded to
the officer in charge of his |
8 |
| supervision.
|
9 |
| (d) After a hearing under Section 3-3-9, the Prisoner
|
10 |
| Review Board may modify or enlarge the conditions of parole
or |
11 |
| mandatory supervised release.
|
12 |
| (e) The Department shall inform all offenders committed to
|
13 |
| the Department of the optional services available to them
upon |
14 |
| release and shall assist inmates in availing themselves
of such |
15 |
| optional services upon their release on a voluntary
basis. |
16 |
| (f) When the subject is in compliance with all conditions |
17 |
| of his or her parole or mandatory supervised release, the |
18 |
| subject shall receive a reduction of the period of his or her |
19 |
| parole or mandatory supervised release of 90 days upon passage |
20 |
| of the high school level Test of General Educational |
21 |
| Development during the period of his or her parole or mandatory |
22 |
| supervised release. This reduction in the period of a subject's |
23 |
| term of parole or mandatory supervised release shall be |
24 |
| available only to subjects who have not previously earned a |
25 |
| high school diploma or who have not previously passed the high |
26 |
| school level Test of General Educational Development.
|
|
|
|
SB2349 Enrolled |
- 38 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; |
2 |
| 94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; |
3 |
| 95-579, eff. 6-1-08; 95-640, eff. 6-1-08; revised 12-26-07.) |
4 |
| (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
|
5 |
| (Text of Section after amendment by P.A. 95-464, 95-578, |
6 |
| and 95-696 ) |
7 |
| Sec. 5-6-3. Conditions of Probation and of Conditional |
8 |
| Discharge.
|
9 |
| (a) The conditions of probation and of conditional |
10 |
| discharge shall be
that the person:
|
11 |
| (1) not violate any criminal statute of any |
12 |
| jurisdiction;
|
13 |
| (2) report to or appear in person before such person or |
14 |
| agency as
directed by the court;
|
15 |
| (3) refrain from possessing a firearm or other |
16 |
| dangerous weapon;
|
17 |
| (4) not leave the State without the consent of the |
18 |
| court or, in
circumstances in which the reason for the |
19 |
| absence is of such an emergency
nature that prior consent |
20 |
| by the court is not possible, without the prior
|
21 |
| notification and approval of the person's probation
|
22 |
| officer. Transfer of a person's probation or conditional |
23 |
| discharge
supervision to another state is subject to |
24 |
| acceptance by the other state
pursuant to the Interstate |
25 |
| Compact for Adult Offender Supervision;
|
|
|
|
SB2349 Enrolled |
- 39 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| (5) permit the probation officer to visit
him at his |
2 |
| home or elsewhere
to the extent necessary to discharge his |
3 |
| duties;
|
4 |
| (6) perform no less than 30 hours of community service |
5 |
| and not more than
120 hours of community service, if |
6 |
| community service is available in the
jurisdiction and is |
7 |
| funded and approved by the county board where the offense
|
8 |
| was committed, where the offense was related to or in |
9 |
| furtherance of the
criminal activities of an organized gang |
10 |
| and was motivated by the offender's
membership in or |
11 |
| allegiance to an organized gang. The community service |
12 |
| shall
include, but not be limited to, the cleanup and |
13 |
| repair of any damage caused by
a violation of Section |
14 |
| 21-1.3 of the Criminal Code of 1961 and similar damage
to |
15 |
| property located within the municipality or county in which |
16 |
| the violation
occurred. When possible and reasonable, the |
17 |
| community service should be
performed in the offender's |
18 |
| neighborhood. For purposes of this Section,
"organized |
19 |
| gang" has the meaning ascribed to it in Section 10 of the |
20 |
| Illinois
Streetgang Terrorism Omnibus Prevention Act;
|
21 |
| (7) if he or she is at least 17 years of age and has |
22 |
| been sentenced to
probation or conditional discharge for a |
23 |
| misdemeanor or felony in a county of
3,000,000 or more |
24 |
| inhabitants and has not been previously convicted of a
|
25 |
| misdemeanor or felony, may be required by the sentencing |
26 |
| court to attend
educational courses designed to prepare the |
|
|
|
SB2349 Enrolled |
- 40 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| defendant for a high school diploma
and to work toward a |
2 |
| high school diploma or to work toward passing the high
|
3 |
| school level Test of General Educational Development (GED) |
4 |
| or to work toward
completing a vocational training program |
5 |
| approved by the court. The person on
probation or |
6 |
| conditional discharge must attend a public institution of
|
7 |
| education to obtain the educational or vocational training |
8 |
| required by this
clause (7). The court shall revoke the |
9 |
| probation or conditional discharge of a
person who wilfully |
10 |
| fails to comply with this clause (7). The person on
|
11 |
| probation or conditional discharge shall be required to pay |
12 |
| for the cost of the
educational courses or GED test, if a |
13 |
| fee is charged for those courses or
test. The court shall |
14 |
| resentence the offender whose probation or conditional
|
15 |
| discharge has been revoked as provided in Section 5-6-4. |
16 |
| This clause (7) does
not apply to a person who has a high |
17 |
| school diploma or has successfully passed
the GED test. |
18 |
| This clause (7) does not apply to a person who is |
19 |
| determined by
the court to be developmentally disabled or |
20 |
| otherwise mentally incapable of
completing the educational |
21 |
| or vocational program;
|
22 |
| (8) if convicted of possession of a substance |
23 |
| prohibited
by the Cannabis Control Act, the Illinois |
24 |
| Controlled Substances Act, or the Methamphetamine Control |
25 |
| and Community Protection Act
after a previous conviction or |
26 |
| disposition of supervision for possession of a
substance |
|
|
|
SB2349 Enrolled |
- 41 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| prohibited by the Cannabis Control Act or Illinois |
2 |
| Controlled
Substances Act or after a sentence of probation |
3 |
| under Section 10 of the
Cannabis
Control Act, Section 410 |
4 |
| of the Illinois Controlled Substances Act, or Section 70 of |
5 |
| the Methamphetamine Control and Community Protection Act |
6 |
| and upon a
finding by the court that the person is |
7 |
| addicted, undergo treatment at a
substance abuse program |
8 |
| approved by the court;
|
9 |
| (8.5) if convicted of a felony sex offense as defined |
10 |
| in the Sex
Offender
Management Board Act, the person shall |
11 |
| undergo and successfully complete sex
offender treatment |
12 |
| by a treatment provider approved by the Board and conducted
|
13 |
| in conformance with the standards developed under the Sex
|
14 |
| Offender Management Board Act;
|
15 |
| (8.6) if convicted of a sex offense as defined in the |
16 |
| Sex Offender Management Board Act, refrain from residing at |
17 |
| the same address or in the same condominium unit or |
18 |
| apartment unit or in the same condominium complex or |
19 |
| apartment complex with another person he or she knows or |
20 |
| reasonably should know is a convicted sex offender or has |
21 |
| been placed on supervision for a sex offense; the |
22 |
| provisions of this paragraph do not apply to a person |
23 |
| convicted of a sex offense who is placed in a Department of |
24 |
| Corrections licensed transitional housing facility for sex |
25 |
| offenders; |
26 |
| (8.7) if convicted for an offense committed on or after |
|
|
|
SB2349 Enrolled |
- 42 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| the effective date of this amendatory Act of the 95th |
2 |
| General Assembly that would qualify the accused as a child |
3 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the |
4 |
| Criminal Code of 1961, refrain from communicating with or |
5 |
| contacting, by means of the Internet, a person who is not |
6 |
| related to the accused and whom the accused reasonably |
7 |
| believes to be under 18 years of age; for purposes of this |
8 |
| paragraph (8.7), "Internet" has the meaning ascribed to it |
9 |
| in Section 16J-5 of the Criminal Code of 1961 , as added by |
10 |
| Public Act 94-179 ; and a person is not related to the |
11 |
| accused if the person is not: (i) the spouse, brother, or |
12 |
| sister of the accused; (ii) a descendant of the accused; |
13 |
| (iii) a first or second cousin of the accused; or (iv) a |
14 |
| step-child or adopted child of the accused; |
15 |
| (8.8) if convicted for an offense under Section 11-6, |
16 |
| 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal |
17 |
| Code of 1961, or any attempt to commit any of these |
18 |
| offenses, committed on or after the effective date of this |
19 |
| amendatory Act of the 95th General Assembly: |
20 |
| (i) not access or use a computer or any other |
21 |
| device with Internet capability without the prior |
22 |
| written approval of the offender's probation officer, |
23 |
| except in connection with the offender's employment or |
24 |
| search for employment with the prior approval of the |
25 |
| offender's probation officer; |
26 |
| (ii) submit to periodic unannounced examinations |
|
|
|
SB2349 Enrolled |
- 43 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| of the offender's computer or any other device with |
2 |
| Internet capability by the offender's probation |
3 |
| officer, a law enforcement officer, or assigned |
4 |
| computer or information technology specialist, |
5 |
| including the retrieval and copying of all data from |
6 |
| the computer or device and any internal or external |
7 |
| peripherals and removal of such information, |
8 |
| equipment, or device to conduct a more thorough |
9 |
| inspection; |
10 |
| (iii) submit to the installation on the offender's |
11 |
| computer or device with Internet capability, at the |
12 |
| offender's expense, of one or more hardware or software |
13 |
| systems to monitor the Internet use; and |
14 |
| (iv) submit to any other appropriate restrictions |
15 |
| concerning the offender's use of or access to a |
16 |
| computer or any other device with Internet capability |
17 |
| imposed by the offender's probation officer; |
18 |
| (9) if convicted of a felony, physically surrender at a |
19 |
| time and place
designated by the court, his or her Firearm
|
20 |
| Owner's Identification Card and
any and all firearms in
his |
21 |
| or her possession; and
|
22 |
| (10) if convicted of a sex offense as defined in |
23 |
| subsection (a-5) of Section 3-1-2 of this Code, unless the |
24 |
| offender is a parent or guardian of the person under 18 |
25 |
| years of age present in the home and no non-familial minors |
26 |
| are present, not participate in a holiday event involving |
|
|
|
SB2349 Enrolled |
- 44 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| children under 18 years of age, such as distributing candy |
2 |
| or other items to children on Halloween, wearing a Santa |
3 |
| Claus costume on or preceding Christmas, being employed as |
4 |
| a department store Santa Claus, or wearing an Easter Bunny |
5 |
| costume on or preceding Easter. |
6 |
| (b) The Court may in addition to other reasonable |
7 |
| conditions relating to the
nature of the offense or the |
8 |
| rehabilitation of the defendant as determined for
each |
9 |
| defendant in the proper discretion of the Court require that |
10 |
| the person:
|
11 |
| (1) serve a term of periodic imprisonment under Article |
12 |
| 7 for a
period not to exceed that specified in paragraph |
13 |
| (d) of Section 5-7-1;
|
14 |
| (2) pay a fine and costs;
|
15 |
| (3) work or pursue a course of study or vocational |
16 |
| training;
|
17 |
| (4) undergo medical, psychological or psychiatric |
18 |
| treatment; or treatment
for drug addiction or alcoholism;
|
19 |
| (5) attend or reside in a facility established for the |
20 |
| instruction
or residence of defendants on probation;
|
21 |
| (6) support his dependents;
|
22 |
| (7) and in addition, if a minor:
|
23 |
| (i) reside with his parents or in a foster home;
|
24 |
| (ii) attend school;
|
25 |
| (iii) attend a non-residential program for youth;
|
26 |
| (iv) contribute to his own support at home or in a |
|
|
|
SB2349 Enrolled |
- 45 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| foster home;
|
2 |
| (v) with the consent of the superintendent of the
|
3 |
| facility, attend an educational program at a facility |
4 |
| other than the school
in which the
offense was |
5 |
| committed if he
or she is convicted of a crime of |
6 |
| violence as
defined in
Section 2 of the Crime Victims |
7 |
| Compensation Act committed in a school, on the
real
|
8 |
| property
comprising a school, or within 1,000 feet of |
9 |
| the real property comprising a
school;
|
10 |
| (8) make restitution as provided in Section 5-5-6 of |
11 |
| this Code;
|
12 |
| (9) perform some reasonable public or community |
13 |
| service;
|
14 |
| (10) serve a term of home confinement. In addition to |
15 |
| any other
applicable condition of probation or conditional |
16 |
| discharge, the
conditions of home confinement shall be that |
17 |
| the offender:
|
18 |
| (i) remain within the interior premises of the |
19 |
| place designated for
his confinement during the hours |
20 |
| designated by the court;
|
21 |
| (ii) admit any person or agent designated by the |
22 |
| court into the
offender's place of confinement at any |
23 |
| time for purposes of verifying
the offender's |
24 |
| compliance with the conditions of his confinement; and
|
25 |
| (iii) if further deemed necessary by the court or |
26 |
| the
Probation or
Court Services Department, be placed |
|
|
|
SB2349 Enrolled |
- 46 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| on an approved
electronic monitoring device, subject |
2 |
| to Article 8A of Chapter V;
|
3 |
| (iv) for persons convicted of any alcohol, |
4 |
| cannabis or controlled
substance violation who are |
5 |
| placed on an approved monitoring device as a
condition |
6 |
| of probation or conditional discharge, the court shall |
7 |
| impose a
reasonable fee for each day of the use of the |
8 |
| device, as established by the
county board in |
9 |
| subsection (g) of this Section, unless after |
10 |
| determining the
inability of the offender to pay the |
11 |
| fee, the court assesses a lesser fee or no
fee as the |
12 |
| case may be. This fee shall be imposed in addition to |
13 |
| the fees
imposed under subsections (g) and (i) of this |
14 |
| Section. The fee shall be
collected by the clerk of the |
15 |
| circuit court. The clerk of the circuit
court shall pay |
16 |
| all monies collected from this fee to the county |
17 |
| treasurer
for deposit in the substance abuse services |
18 |
| fund under Section 5-1086.1 of
the Counties Code; and
|
19 |
| (v) for persons convicted of offenses other than |
20 |
| those referenced in
clause (iv) above and who are |
21 |
| placed on an approved monitoring device as a
condition |
22 |
| of probation or conditional discharge, the court shall |
23 |
| impose
a reasonable fee for each day of the use of the |
24 |
| device, as established by the
county board in |
25 |
| subsection (g) of this Section, unless after |
26 |
| determining the
inability of the defendant to pay the |
|
|
|
SB2349 Enrolled |
- 47 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| fee, the court assesses a lesser fee or
no fee as the |
2 |
| case may be. This fee shall be imposed in addition to |
3 |
| the fees
imposed under subsections (g) and (i) of this |
4 |
| Section. The fee
shall be collected by the clerk of the |
5 |
| circuit court. The clerk of the circuit
court shall pay |
6 |
| all monies collected from this fee
to the county |
7 |
| treasurer who shall use the monies collected to defray |
8 |
| the
costs of corrections. The county treasurer shall |
9 |
| deposit the fee
collected in the county working cash |
10 |
| fund under Section 6-27001 or Section
6-29002 of the |
11 |
| Counties Code, as the case may be.
|
12 |
| (11) comply with the terms and conditions of an order |
13 |
| of protection issued
by the court pursuant to the Illinois |
14 |
| Domestic Violence Act of 1986,
as now or hereafter amended, |
15 |
| or an order of protection issued by the court of
another |
16 |
| state, tribe, or United States territory. A copy of the |
17 |
| order of
protection shall be
transmitted to the probation |
18 |
| officer or agency
having responsibility for the case;
|
19 |
| (12) reimburse any "local anti-crime program" as |
20 |
| defined in Section 7
of the Anti-Crime Advisory Council Act |
21 |
| for any reasonable expenses incurred
by the program on the |
22 |
| offender's case, not to exceed the maximum amount of
the |
23 |
| fine authorized for the offense for which the defendant was |
24 |
| sentenced;
|
25 |
| (13) contribute a reasonable sum of money, not to |
26 |
| exceed the maximum
amount of the fine authorized for the
|
|
|
|
SB2349 Enrolled |
- 48 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| offense for which the defendant was sentenced, (i) to a |
2 |
| "local anti-crime
program", as defined in Section 7 of the |
3 |
| Anti-Crime Advisory Council Act, or (ii) for offenses under |
4 |
| the jurisdiction of the Department of Natural Resources, to |
5 |
| the fund established by the Department of Natural Resources |
6 |
| for the purchase of evidence for investigation purposes and |
7 |
| to conduct investigations as outlined in Section 805-105 of |
8 |
| the Department of Natural Resources (Conservation) Law;
|
9 |
| (14) refrain from entering into a designated |
10 |
| geographic area except upon
such terms as the court finds |
11 |
| appropriate. Such terms may include
consideration of the |
12 |
| purpose of the entry, the time of day, other persons
|
13 |
| accompanying the defendant, and advance approval by a
|
14 |
| probation officer, if
the defendant has been placed on |
15 |
| probation or advance approval by the
court, if the |
16 |
| defendant was placed on conditional discharge;
|
17 |
| (15) refrain from having any contact, directly or |
18 |
| indirectly, with
certain specified persons or particular |
19 |
| types of persons, including but not
limited to members of |
20 |
| street gangs and drug users or dealers;
|
21 |
| (16) refrain from having in his or her body the |
22 |
| presence of any illicit
drug prohibited by the Cannabis |
23 |
| Control Act, the Illinois Controlled
Substances Act, or the |
24 |
| Methamphetamine Control and Community Protection Act, |
25 |
| unless prescribed by a physician, and submit samples of
his |
26 |
| or her blood or urine or both for tests to determine the |
|
|
|
SB2349 Enrolled |
- 49 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| presence of any
illicit drug; and
|
2 |
| (17) if convicted for an offense committed on or after |
3 |
| the effective date of this amendatory Act of the 95th |
4 |
| General Assembly that would qualify the accused as a child |
5 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the |
6 |
| Criminal Code of 1961, refrain from communicating with or |
7 |
| contacting, by means of the Internet, a person who is |
8 |
| related to the accused and whom the accused reasonably |
9 |
| believes to be under 18 years of age; for purposes of this |
10 |
| paragraph (17), "Internet" has the meaning ascribed to it |
11 |
| in Section 16J-5 of the Criminal Code of 1961 , as added by |
12 |
| Public Act 94-179 ; and a person is related to the accused |
13 |
| if the person is: (i) the spouse, brother, or sister of the |
14 |
| accused; (ii) a descendant of the accused; (iii) a first or |
15 |
| second cousin of the accused; or (iv) a step-child or |
16 |
| adopted child of the accused ; and . |
17 |
| (18) if convicted for an offense committed on or after |
18 |
| the effective date of this amendatory Act of the 95th |
19 |
| General Assembly that would qualify as a sex offense as |
20 |
| defined in the Sex Offender Registration Act: |
21 |
| (i) not access or use a computer or any other |
22 |
| device with Internet capability without the prior |
23 |
| written approval of the offender's probation officer, |
24 |
| except in connection with the offender's employment or |
25 |
| search for employment with the prior approval of the |
26 |
| offender's probation officer; |
|
|
|
SB2349 Enrolled |
- 50 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| (ii) submit to periodic unannounced examinations |
2 |
| of the offender's computer or any other device with |
3 |
| Internet capability by the offender's probation |
4 |
| officer, a law enforcement officer, or assigned |
5 |
| computer or information technology specialist, |
6 |
| including the retrieval and copying of all data from |
7 |
| the computer or device and any internal or external |
8 |
| peripherals and removal of such information, |
9 |
| equipment, or device to conduct a more thorough |
10 |
| inspection; |
11 |
| (iii) submit to the installation on the offender's |
12 |
| computer or device with Internet capability, at the |
13 |
| subject's expense, of one or more hardware or software |
14 |
| systems to monitor the Internet use; and |
15 |
| (iv) submit to any other appropriate restrictions |
16 |
| concerning the offender's use of or access to a |
17 |
| computer or any other device with Internet capability |
18 |
| imposed by the offender's probation officer. |
19 |
| (c) The court may as a condition of probation or of |
20 |
| conditional
discharge require that a person under 18 years of |
21 |
| age found guilty of any
alcohol, cannabis or controlled |
22 |
| substance violation, refrain from acquiring
a driver's license |
23 |
| during
the period of probation or conditional discharge. If |
24 |
| such person
is in possession of a permit or license, the court |
25 |
| may require that
the minor refrain from driving or operating |
26 |
| any motor vehicle during the
period of probation or conditional |
|
|
|
SB2349 Enrolled |
- 51 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| discharge, except as may be necessary in
the course of the |
2 |
| minor's lawful employment.
|
3 |
| (d) An offender sentenced to probation or to conditional |
4 |
| discharge
shall be given a certificate setting forth the |
5 |
| conditions thereof.
|
6 |
| (e) Except where the offender has committed a fourth or |
7 |
| subsequent
violation of subsection (c) of Section 6-303 of the |
8 |
| Illinois Vehicle Code,
the court shall not require as a |
9 |
| condition of the sentence of
probation or conditional discharge |
10 |
| that the offender be committed to a
period of imprisonment in |
11 |
| excess of 6 months.
This 6 month limit shall not include |
12 |
| periods of confinement given pursuant to
a sentence of county |
13 |
| impact incarceration under Section 5-8-1.2.
|
14 |
| Persons committed to imprisonment as a condition of |
15 |
| probation or
conditional discharge shall not be committed to |
16 |
| the Department of
Corrections.
|
17 |
| (f) The court may combine a sentence of periodic |
18 |
| imprisonment under
Article 7 or a sentence to a county impact |
19 |
| incarceration program under
Article 8 with a sentence of |
20 |
| probation or conditional discharge.
|
21 |
| (g) An offender sentenced to probation or to conditional |
22 |
| discharge and
who during the term of either undergoes mandatory |
23 |
| drug or alcohol testing,
or both, or is assigned to be placed |
24 |
| on an approved electronic monitoring
device, shall be ordered |
25 |
| to pay all costs incidental to such mandatory drug
or alcohol |
26 |
| testing, or both, and all costs
incidental to such approved |
|
|
|
SB2349 Enrolled |
- 52 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| electronic monitoring in accordance with the
defendant's |
2 |
| ability to pay those costs. The county board with
the |
3 |
| concurrence of the Chief Judge of the judicial
circuit in which |
4 |
| the county is located shall establish reasonable fees for
the |
5 |
| cost of maintenance, testing, and incidental expenses related |
6 |
| to the
mandatory drug or alcohol testing, or both, and all |
7 |
| costs incidental to
approved electronic monitoring, involved |
8 |
| in a successful probation program
for the county. The |
9 |
| concurrence of the Chief Judge shall be in the form of
an |
10 |
| administrative order.
The fees shall be collected by the clerk |
11 |
| of the circuit court. The clerk of
the circuit court shall pay |
12 |
| all moneys collected from these fees to the county
treasurer |
13 |
| who shall use the moneys collected to defray the costs of
drug |
14 |
| testing, alcohol testing, and electronic monitoring.
The |
15 |
| county treasurer shall deposit the fees collected in the
county |
16 |
| working cash fund under Section 6-27001 or Section 6-29002 of |
17 |
| the
Counties Code, as the case may be.
|
18 |
| (h) Jurisdiction over an offender may be transferred from |
19 |
| the
sentencing court to the court of another circuit with the |
20 |
| concurrence of
both courts. Further transfers or retransfers of
|
21 |
| jurisdiction are also
authorized in the same manner. The court |
22 |
| to which jurisdiction has been
transferred shall have the same |
23 |
| powers as the sentencing court.
|
24 |
| (i) The court shall impose upon an offender
sentenced to |
25 |
| probation after January 1, 1989 or to conditional discharge
|
26 |
| after January 1, 1992 or to community service under the |
|
|
|
SB2349 Enrolled |
- 53 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| supervision of a
probation or court services department after |
2 |
| January 1, 2004, as a condition of such probation or |
3 |
| conditional
discharge or supervised community service, a fee of |
4 |
| $50
for each month of probation or
conditional
discharge |
5 |
| supervision or supervised community service ordered by the |
6 |
| court, unless after
determining the inability of the person |
7 |
| sentenced to probation or conditional
discharge or supervised |
8 |
| community service to pay the
fee, the court assesses a lesser |
9 |
| fee. The court may not impose the fee on a
minor who is made a |
10 |
| ward of the State under the Juvenile Court Act of 1987
while |
11 |
| the minor is in placement.
The fee shall be imposed only upon
|
12 |
| an offender who is actively supervised by the
probation and |
13 |
| court services
department. The fee shall be collected by the |
14 |
| clerk
of the circuit court. The clerk of the circuit court |
15 |
| shall pay all monies
collected from this fee to the county |
16 |
| treasurer for deposit in the
probation and court services fund |
17 |
| under Section 15.1 of the
Probation and Probation Officers Act.
|
18 |
| A circuit court may not impose a probation fee under this |
19 |
| subsection (i) in excess of $25
per month unless: (1) the |
20 |
| circuit court has adopted, by administrative
order issued by |
21 |
| the chief judge, a standard probation fee guide
determining an |
22 |
| offender's ability to pay, under guidelines developed by
the |
23 |
| Administrative
Office of the Illinois Courts; and (2) the |
24 |
| circuit court has authorized, by
administrative order issued by |
25 |
| the chief judge, the creation of a Crime
Victim's Services |
26 |
| Fund, to be administered by the Chief Judge or his or
her |
|
|
|
SB2349 Enrolled |
- 54 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| designee, for services to crime victims and their families. Of |
2 |
| the
amount collected as a probation fee, up to $5 of that fee
|
3 |
| collected per month may be used to provide services to crime |
4 |
| victims
and their families.
|
5 |
| This amendatory Act of the 93rd General Assembly deletes |
6 |
| the $10 increase in the fee under this subsection that was |
7 |
| imposed by Public Act 93-616. This deletion is intended to |
8 |
| control over any other Act of the 93rd General Assembly that |
9 |
| retains or incorporates that fee increase. |
10 |
| (i-5) In addition to the fees imposed under subsection (i) |
11 |
| of this Section, in the case of an offender convicted of a |
12 |
| felony sex offense (as defined in the Sex Offender Management |
13 |
| Board Act) or an offense that the court or probation department |
14 |
| has determined to be sexually motivated (as defined in the Sex |
15 |
| Offender Management Board Act), the court or the probation |
16 |
| department shall assess additional fees to pay for all costs of |
17 |
| treatment, assessment, evaluation for risk and treatment, and |
18 |
| monitoring the offender, based on that offender's ability to |
19 |
| pay those costs either as they occur or under a payment plan. |
20 |
| (j) All fines and costs imposed under this Section for any |
21 |
| violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle |
22 |
| Code, or a similar
provision of a local ordinance, and any |
23 |
| violation of the Child Passenger
Protection Act, or a similar |
24 |
| provision of a local ordinance, shall be
collected and |
25 |
| disbursed by the circuit clerk as provided under Section 27.5
|
26 |
| of the Clerks of Courts Act.
|
|
|
|
SB2349 Enrolled |
- 55 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| (k) Any offender who is sentenced to probation or |
2 |
| conditional discharge for a felony sex offense as defined in |
3 |
| the Sex Offender Management Board Act or any offense that the |
4 |
| court or probation department has determined to be sexually |
5 |
| motivated as defined in the Sex Offender Management Board Act |
6 |
| shall be required to refrain from any contact, directly or |
7 |
| indirectly, with any persons specified by the court and shall |
8 |
| be available for all evaluations and treatment programs |
9 |
| required by the court or the probation department.
|
10 |
| (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; |
11 |
| 94-556, eff. 9-11-05; 95-331, eff. 8-21-07; 95-464, eff. |
12 |
| 6-1-08; 95-578, eff. 6-1-08; 95-696, eff. 6-1-08; revised |
13 |
| 12-26-07.)
|
14 |
| (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
|
15 |
| (Text of Section after amendment by P.A. 95-464 and 95-696 ) |
16 |
| Sec. 5-6-3.1. Incidents and Conditions of Supervision.
|
17 |
| (a) When a defendant is placed on supervision, the court |
18 |
| shall enter
an order for supervision specifying the period of |
19 |
| such supervision, and
shall defer further proceedings in the |
20 |
| case until the conclusion of the
period.
|
21 |
| (b) The period of supervision shall be reasonable under all |
22 |
| of the
circumstances of the case, but may not be longer than 2 |
23 |
| years, unless the
defendant has failed to pay the assessment |
24 |
| required by Section 10.3 of the
Cannabis Control Act,
Section |
25 |
| 411.2 of the Illinois Controlled
Substances Act, or Section 80 |
|
|
|
SB2349 Enrolled |
- 56 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| of the Methamphetamine Control and Community Protection Act, in |
2 |
| which case the court may extend supervision beyond 2 years.
|
3 |
| Additionally, the court shall order the defendant to perform no |
4 |
| less than 30
hours of community service and not more than 120 |
5 |
| hours of community service, if
community service is available |
6 |
| in the
jurisdiction and is funded and approved by the county |
7 |
| board where the offense
was committed,
when the offense (1) was
|
8 |
| related to or in furtherance of the criminal activities of an |
9 |
| organized gang or
was motivated by the defendant's membership |
10 |
| in or allegiance to an organized
gang; or (2) is a violation of |
11 |
| any Section of Article 24 of the Criminal
Code of 1961 where a |
12 |
| disposition of supervision is not prohibited by Section
5-6-1 |
13 |
| of this Code.
The
community service shall include, but not be |
14 |
| limited to, the cleanup and repair
of any damage caused by |
15 |
| violation of Section 21-1.3 of the Criminal Code of
1961 and |
16 |
| similar damages to property located within the municipality or |
17 |
| county
in which the violation occurred. Where possible and |
18 |
| reasonable, the community
service should be performed in the |
19 |
| offender's neighborhood.
|
20 |
| For the purposes of this
Section, "organized gang" has the |
21 |
| meaning ascribed to it in Section 10 of the
Illinois Streetgang |
22 |
| Terrorism Omnibus Prevention Act.
|
23 |
| (c) The court may in addition to other reasonable |
24 |
| conditions
relating to the nature of the offense or the |
25 |
| rehabilitation of the
defendant as determined for each |
26 |
| defendant in the proper discretion of
the court require that |
|
|
|
SB2349 Enrolled |
- 57 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| the person:
|
2 |
| (1) make a report to and appear in person before or |
3 |
| participate with
the court or such courts, person, or |
4 |
| social service agency as directed
by the court in the order |
5 |
| of supervision;
|
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) refrain from possessing a firearm or other |
15 |
| dangerous weapon;
|
16 |
| (8) and in addition, if a minor:
|
17 |
| (i) reside with his parents or in a foster home;
|
18 |
| (ii) attend school;
|
19 |
| (iii) attend a non-residential program for youth;
|
20 |
| (iv) contribute to his own support at home or in a |
21 |
| foster home; or
|
22 |
| (v) with the consent of the superintendent of the
|
23 |
| facility, attend an educational program at a facility |
24 |
| other than the school
in which the
offense was |
25 |
| committed if he
or she is placed on supervision for a |
26 |
| crime of violence as
defined in
Section 2 of the Crime |
|
|
|
SB2349 Enrolled |
- 58 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| Victims Compensation Act committed in a school, on the
|
2 |
| real
property
comprising a school, or within 1,000 feet |
3 |
| of the real property comprising a
school;
|
4 |
| (9) make restitution or reparation in an amount not to |
5 |
| exceed actual
loss or damage to property and pecuniary loss |
6 |
| or make restitution under Section
5-5-6 to a domestic |
7 |
| violence shelter. The court shall
determine the amount and |
8 |
| conditions of payment;
|
9 |
| (10) perform some reasonable public or community |
10 |
| service;
|
11 |
| (11) comply with the terms and conditions of an order |
12 |
| of protection
issued by the court pursuant to the Illinois |
13 |
| Domestic Violence Act of 1986 or
an order of protection |
14 |
| issued by the court of another state, tribe, or United
|
15 |
| States territory.
If the court has ordered the defendant to |
16 |
| make a report and appear in
person under paragraph (1) of |
17 |
| this subsection, a copy of the order of
protection shall be |
18 |
| transmitted to the person or agency so designated
by the |
19 |
| court;
|
20 |
| (12) reimburse any "local anti-crime program" as |
21 |
| defined in Section 7 of
the Anti-Crime Advisory Council Act |
22 |
| for any reasonable expenses incurred by the
program on the |
23 |
| offender's case, not to exceed the maximum amount of the
|
24 |
| fine authorized for the offense for which the defendant was |
25 |
| sentenced;
|
26 |
| (13) contribute a reasonable sum of money, not to
|
|
|
|
SB2349 Enrolled |
- 59 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| exceed the maximum amount of the fine authorized for the |
2 |
| offense for which
the defendant was sentenced, (i) to a |
3 |
| "local anti-crime program", as defined
in Section 7 of the |
4 |
| Anti-Crime Advisory Council Act, or (ii) for offenses under |
5 |
| the jurisdiction of the Department of Natural Resources, to |
6 |
| the fund established by the Department of Natural Resources |
7 |
| for the purchase of evidence for investigation purposes and |
8 |
| to conduct investigations as outlined in Section 805-105 of |
9 |
| the Department of Natural Resources (Conservation) Law;
|
10 |
| (14) refrain from entering into a designated |
11 |
| geographic area except
upon such terms as the court finds |
12 |
| appropriate. Such terms may include
consideration of the |
13 |
| purpose of the entry, the time of day, other persons
|
14 |
| accompanying the defendant, and advance approval by a |
15 |
| probation officer;
|
16 |
| (15) refrain from having any contact, directly or |
17 |
| indirectly, with
certain specified persons or particular |
18 |
| types of person, including but not
limited to members of |
19 |
| street gangs and drug users or dealers;
|
20 |
| (16) refrain from having in his or her body the |
21 |
| presence of any illicit
drug prohibited by the Cannabis |
22 |
| Control Act, the Illinois Controlled
Substances Act, or the |
23 |
| Methamphetamine Control and Community Protection Act, |
24 |
| unless prescribed by a physician, and submit samples of
his |
25 |
| or her blood or urine or both for tests to determine the |
26 |
| presence of any
illicit drug;
|
|
|
|
SB2349 Enrolled |
- 60 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| (17) refrain from operating any motor vehicle not |
2 |
| equipped with an
ignition interlock device as defined in |
3 |
| Section 1-129.1 of the Illinois
Vehicle Code ; under . Under |
4 |
| this condition the court may allow a defendant who is not
|
5 |
| self-employed to operate a vehicle owned by the defendant's |
6 |
| employer that is
not equipped with an ignition interlock |
7 |
| device in the course and scope of the
defendant's |
8 |
| employment; and
|
9 |
| (18) if placed on supervision for a sex offense as |
10 |
| defined in subsection (a-5) of Section 3-1-2 of this Code, |
11 |
| unless the offender is a parent or guardian of the person |
12 |
| under 18 years of age present in the home and no |
13 |
| non-familial minors are present, not participate in a |
14 |
| holiday event involving
children
under 18 years of age, |
15 |
| such as distributing candy or other items to children on
|
16 |
| Halloween,
wearing a Santa Claus costume on or preceding |
17 |
| Christmas, being employed as a
department store Santa |
18 |
| Claus, or wearing an Easter Bunny costume on or
preceding
|
19 |
| Easter. |
20 |
| (d) The court shall defer entering any judgment on the |
21 |
| charges
until the conclusion of the supervision.
|
22 |
| (e) At the conclusion of the period of supervision, if the |
23 |
| court
determines that the defendant has successfully complied |
24 |
| with all of the
conditions of supervision, the court shall |
25 |
| discharge the defendant and
enter a judgment dismissing the |
26 |
| charges.
|
|
|
|
SB2349 Enrolled |
- 61 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| (f) Discharge and dismissal upon a successful conclusion of |
2 |
| a
disposition of supervision shall be deemed without |
3 |
| adjudication of guilt
and shall not be termed a conviction for |
4 |
| purposes of disqualification or
disabilities imposed by law |
5 |
| upon conviction of a crime. Two years after the
discharge and |
6 |
| dismissal under this Section, unless the disposition of
|
7 |
| supervision was for a violation of Sections 3-707, 3-708, |
8 |
| 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a |
9 |
| similar
provision of a local ordinance, or for a violation of |
10 |
| Sections 12-3.2
or 16A-3 of the Criminal Code of 1961, in which |
11 |
| case it shall be 5
years after discharge and dismissal, a |
12 |
| person may have his record
of arrest sealed or expunged as may |
13 |
| be provided by law. However, any
defendant placed on |
14 |
| supervision before January 1, 1980, may move for
sealing or |
15 |
| expungement of his arrest record, as provided by law, at any
|
16 |
| time after discharge and dismissal under this Section.
A person |
17 |
| placed on supervision for a sexual offense committed against a |
18 |
| minor
as defined in subsection (g) of Section 5 of the Criminal |
19 |
| Identification Act
or for a violation of Section 11-501 of the |
20 |
| Illinois Vehicle Code or a
similar provision of a local |
21 |
| ordinance
shall not have his or her record of arrest sealed or |
22 |
| expunged.
|
23 |
| (g) A defendant placed on supervision and who during the |
24 |
| period of
supervision undergoes mandatory drug or alcohol |
25 |
| testing, or both, or is
assigned to be placed on an approved |
26 |
| electronic monitoring device, shall be
ordered to pay the costs |
|
|
|
SB2349 Enrolled |
- 62 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| incidental to such mandatory drug or alcohol
testing, or both, |
2 |
| and costs incidental to such approved electronic
monitoring in |
3 |
| accordance with the defendant's ability to pay those costs.
The |
4 |
| county board with the concurrence of the Chief Judge of the |
5 |
| judicial
circuit in which the county is located shall establish |
6 |
| reasonable fees for
the cost of maintenance, testing, and |
7 |
| incidental expenses related to the
mandatory drug or alcohol |
8 |
| testing, or both, and all costs incidental to
approved |
9 |
| electronic monitoring, of all defendants placed on |
10 |
| supervision.
The concurrence of the Chief Judge shall be in the |
11 |
| form of an
administrative order.
The fees shall be collected by |
12 |
| the clerk of the circuit court. The clerk of
the circuit court |
13 |
| shall pay all moneys collected from these fees to the county
|
14 |
| treasurer who shall use the moneys collected to defray the |
15 |
| costs of
drug testing, alcohol testing, and electronic |
16 |
| monitoring.
The county treasurer shall deposit the fees |
17 |
| collected in the
county working cash fund under Section 6-27001 |
18 |
| or Section 6-29002 of the
Counties Code, as the case may be.
|
19 |
| (h) A disposition of supervision is a final order for the |
20 |
| purposes
of appeal.
|
21 |
| (i) The court shall impose upon a defendant placed on |
22 |
| supervision
after January 1, 1992 or to community service under |
23 |
| the supervision of a
probation or court services department |
24 |
| after January 1, 2004, as a condition
of supervision or |
25 |
| supervised community service, a fee of $50 for
each month of |
26 |
| supervision or supervised community service ordered by the
|
|
|
|
SB2349 Enrolled |
- 63 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| court, unless after
determining the inability of the person |
2 |
| placed on supervision or supervised
community service to pay |
3 |
| the
fee, the court assesses a lesser fee. The court may not |
4 |
| impose the fee on a
minor who is made a ward of the State under |
5 |
| the Juvenile Court Act of 1987
while the minor is in placement.
|
6 |
| The fee shall be imposed only upon a
defendant who is actively |
7 |
| supervised by the
probation and court services
department. The |
8 |
| fee shall be collected by the clerk of the circuit court.
The |
9 |
| clerk of the circuit court shall pay all monies collected from |
10 |
| this fee
to the county treasurer for deposit in the probation |
11 |
| and court services
fund pursuant to Section 15.1 of the |
12 |
| Probation and
Probation Officers Act.
|
13 |
| A circuit court may not impose a probation fee in excess of |
14 |
| $25
per month unless: (1) the circuit court has adopted, by |
15 |
| administrative
order issued by the chief judge, a standard |
16 |
| probation fee guide
determining an offender's ability to pay, |
17 |
| under guidelines developed by
the Administrative
Office of the |
18 |
| Illinois Courts; and (2) the circuit court has authorized, by
|
19 |
| administrative order issued by the chief judge, the creation of |
20 |
| a Crime
Victim's Services Fund, to be administered by the Chief |
21 |
| Judge or his or
her designee, for services to crime victims and |
22 |
| their families. Of the
amount collected as a probation fee, not |
23 |
| to exceed $5 of that fee
collected per month may be used to |
24 |
| provide services to crime victims
and their families.
|
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 |
|
|
|
SB2349 Enrolled |
- 64 - |
LRB095 19641 RLC 45985 b |
|
|
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) A defendant at least 17 years of age who is placed on |
7 |
| supervision
for a misdemeanor in a county of 3,000,000 or more |
8 |
| inhabitants
and who has not been previously convicted of a |
9 |
| misdemeanor or felony
may as a condition of his or her |
10 |
| supervision be required by the court to
attend educational |
11 |
| courses designed to prepare the defendant for a high school
|
12 |
| diploma and to work toward a high school diploma or to work |
13 |
| toward passing the
high school level Test of General |
14 |
| Educational Development (GED) or to work
toward completing a |
15 |
| vocational training program approved by the court. The
|
16 |
| defendant placed on supervision must attend a public |
17 |
| institution of education
to obtain the educational or |
18 |
| vocational training required by this subsection
(k). The |
19 |
| defendant placed on supervision shall be required to pay for |
20 |
| the cost
of the educational courses or GED test, if a fee is |
21 |
| charged for those courses
or test. The court shall revoke the |
22 |
| supervision of a person who wilfully fails
to comply with this |
23 |
| subsection (k). The court shall resentence the defendant
upon |
24 |
| revocation of supervision as provided in Section 5-6-4. This |
25 |
| subsection
(k) does not apply to a defendant who has a high |
26 |
| school diploma or has
successfully passed the GED test. This |
|
|
|
SB2349 Enrolled |
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LRB095 19641 RLC 45985 b |
|
|
1 |
| subsection (k) does not apply to a
defendant who is determined |
2 |
| by the court to be developmentally disabled or
otherwise |
3 |
| mentally incapable of completing the
educational or vocational |
4 |
| program.
|
5 |
| (l) The court shall require a defendant placed on |
6 |
| supervision for
possession of a substance
prohibited by the |
7 |
| Cannabis Control Act, the Illinois Controlled Substances Act, |
8 |
| or the Methamphetamine Control and Community Protection Act
|
9 |
| after a previous conviction or disposition of supervision for |
10 |
| possession of a
substance prohibited by the Cannabis Control |
11 |
| Act, the Illinois Controlled
Substances Act, or the |
12 |
| Methamphetamine Control and Community Protection Act or a |
13 |
| sentence of probation under Section 10 of the Cannabis
Control |
14 |
| Act or Section 410 of the Illinois Controlled Substances Act
|
15 |
| and after a finding by the court that the person is addicted, |
16 |
| to undergo
treatment at a substance abuse program approved by |
17 |
| the court.
|
18 |
| (m) The Secretary of State shall require anyone placed on |
19 |
| court supervision
for a
violation of Section 3-707 of the |
20 |
| Illinois Vehicle Code or a similar provision
of a local |
21 |
| ordinance
to give proof of his or her financial
responsibility |
22 |
| as
defined in Section 7-315 of the Illinois Vehicle Code. The |
23 |
| proof shall be
maintained by the individual in a manner |
24 |
| satisfactory to the Secretary of State
for
a
minimum period of |
25 |
| 3 years after the date the proof is first filed.
The proof |
26 |
| shall be limited to a single action per arrest and may not be
|
|
|
|
SB2349 Enrolled |
- 66 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| affected by any post-sentence disposition. The Secretary of |
2 |
| State shall
suspend the driver's license of any person
|
3 |
| determined by the Secretary to be in violation of this |
4 |
| subsection. |
5 |
| (n) Any offender placed on supervision for any offense that |
6 |
| the court or probation department has determined to be sexually |
7 |
| motivated as defined in the Sex Offender Management Board Act |
8 |
| shall be required to refrain from any contact, directly or |
9 |
| indirectly, with any persons specified by the court and shall |
10 |
| be available for all evaluations and treatment programs |
11 |
| required by the court or the probation department.
|
12 |
| (o) An offender placed on supervision for a sex offense as |
13 |
| defined in the Sex Offender
Management Board Act shall refrain |
14 |
| from residing at the same address or in the same condominium |
15 |
| unit or apartment unit or in the same condominium complex or |
16 |
| apartment complex with another person he or she knows or |
17 |
| reasonably should know is a convicted sex offender or has been |
18 |
| placed on supervision for a sex offense. The provisions of this |
19 |
| subsection (o) do not apply to a person convicted of a sex |
20 |
| offense who is placed in a Department of Corrections licensed |
21 |
| transitional housing facility for sex offenders. |
22 |
| (p) An offender placed on supervision for an offense |
23 |
| committed on or after June 1, 2008
( the effective date of |
24 |
| Public Act 95-464)
this amendatory Act of the 95th General |
25 |
| Assembly that would qualify the accused as a child sex offender |
26 |
| as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of |
|
|
|
SB2349 Enrolled |
- 67 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| 1961 shall refrain from communicating with or contacting, by |
2 |
| means of the Internet, a person who is not related to the |
3 |
| accused and whom the accused reasonably believes to be under 18 |
4 |
| years of age. For purposes of this subsection (p), "Internet" |
5 |
| has the meaning ascribed to it in Section 16J-5 of the Criminal |
6 |
| Code of 1961 , as added by Public Act 94-179 ; and a person is |
7 |
| not related to the accused if the person is not: (i) the |
8 |
| spouse, brother, or sister of the accused; (ii) a descendant of |
9 |
| the accused; (iii) a first or second cousin of the accused; or |
10 |
| (iv) a step-child or adopted child of the accused.
|
11 |
| (q) An offender placed on supervision for an offense |
12 |
| committed on or after June 1, 2008
( the effective date of |
13 |
| Public Act 95-464)
this amendatory Act of the 95th General |
14 |
| Assembly that would qualify the accused as a child sex offender |
15 |
| as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of |
16 |
| 1961 shall, if so ordered by the court, refrain from |
17 |
| communicating with or contacting, by means of the Internet, a |
18 |
| person who is related to the accused and whom the accused |
19 |
| reasonably believes to be under 18 years of age. For purposes |
20 |
| of this subsection (q), "Internet" has the meaning ascribed to |
21 |
| it in Section 16J-5 of the Criminal Code of 1961 , as added by |
22 |
| Public Act 94-179 ; and a person is related to the accused if |
23 |
| the person is: (i) the spouse, brother, or sister of the |
24 |
| accused; (ii) a descendant of the accused; (iii) a first or |
25 |
| second cousin of the accused; or (iv) a step-child or adopted |
26 |
| child of the accused.
|
|
|
|
SB2349 Enrolled |
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LRB095 19641 RLC 45985 b |
|
|
1 |
| (r) An offender placed on supervision for an offense under |
2 |
| Section 11-6, 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of |
3 |
| the Criminal Code of 1961, or any attempt to commit any of |
4 |
| these offenses, committed on or after the effective date of |
5 |
| this amendatory Act of the 95th General Assembly shall: |
6 |
| (i) not access or use a computer or any other device |
7 |
| with Internet capability without the prior written |
8 |
| approval of the court, except in connection with the |
9 |
| offender's employment or search for employment with the |
10 |
| prior approval of the court; |
11 |
| (ii) submit to periodic unannounced examinations of |
12 |
| the offender's computer or any other device with Internet |
13 |
| capability by the offender's probation officer, a law |
14 |
| enforcement officer, or assigned computer or information |
15 |
| technology specialist, including the retrieval and copying |
16 |
| of all data from the computer or device and any internal or |
17 |
| external peripherals and removal of such information, |
18 |
| equipment, or device to conduct a more thorough inspection; |
19 |
| (iii) submit to the installation on the offender's |
20 |
| computer or device with Internet capability, at the |
21 |
| offender's expense, of one or more hardware or software |
22 |
| systems to monitor the Internet use; and |
23 |
| (iv) submit to any other appropriate restrictions |
24 |
| concerning the offender's use of or access to a computer or |
25 |
| any other device with Internet capability imposed by the |
26 |
| court. |
|
|
|
SB2349 Enrolled |
- 69 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; |
2 |
| 94-556, eff. 9-11-05; 95-211, eff. 1-1-08; 95-331, eff. |
3 |
| 8-21-07; 95-464, eff. 6-1-08; 95-696, eff. 6-1-08; revised |
4 |
| 11-19-07.)
|
5 |
| (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
|
6 |
| Sec. 5-8-1. Sentence of Imprisonment for Felony.
|
7 |
| (a) Except as otherwise provided in the statute defining |
8 |
| the offense, a
sentence of imprisonment for a felony shall be a |
9 |
| determinate sentence set by
the court under this Section, |
10 |
| according to the following limitations:
|
11 |
| (1) for first degree murder,
|
12 |
| (a) a term shall be not less than 20 years
and not |
13 |
| more than 60 years, or
|
14 |
| (b) if a trier of fact finds beyond a reasonable
|
15 |
| doubt that the murder was accompanied by exceptionally
|
16 |
| brutal or heinous behavior indicative of wanton |
17 |
| cruelty or, except as set forth
in subsection (a)(1)(c) |
18 |
| of this Section, that any of the aggravating factors
|
19 |
| listed in subsection (b) of Section 9-1 of the Criminal |
20 |
| Code of 1961 are
present, the court may sentence the |
21 |
| defendant to a term of natural life
imprisonment, or
|
22 |
| (c) the court shall sentence the defendant to a |
23 |
| term of natural life
imprisonment when the death |
24 |
| penalty is not imposed if the defendant,
|
25 |
| (i) has previously been convicted of first |
|
|
|
SB2349 Enrolled |
- 70 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| degree murder under
any state or federal law, or
|
2 |
| (ii) is a person who, at the time of the |
3 |
| commission of the murder,
had attained the age of |
4 |
| 17 or more and is found guilty of murdering an
|
5 |
| individual under 12 years of age; or, irrespective |
6 |
| of the defendant's age at
the time of the |
7 |
| commission of the offense, is found guilty of |
8 |
| murdering more
than one victim, or
|
9 |
| (iii) is found guilty of murdering a peace |
10 |
| officer, fireman, or emergency management worker |
11 |
| when
the peace officer, fireman, or emergency |
12 |
| management worker was killed in the course of |
13 |
| performing his
official duties, or to prevent the |
14 |
| peace officer or fireman from
performing his |
15 |
| official duties, or in retaliation for the peace |
16 |
| officer,
fireman, or emergency management worker |
17 |
| from performing his official duties, and the |
18 |
| defendant knew or should
have known that the |
19 |
| murdered individual was a peace officer, fireman, |
20 |
| or emergency management worker, or
|
21 |
| (iv) is found guilty of murdering an employee |
22 |
| of an institution or
facility of the Department of |
23 |
| Corrections, or any similar local
correctional |
24 |
| agency, when the employee was killed in the course |
25 |
| of
performing his official duties, or to prevent |
26 |
| the employee from performing
his official duties, |
|
|
|
SB2349 Enrolled |
- 71 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| or in retaliation for the employee performing his
|
2 |
| official duties, or
|
3 |
| (v) is found guilty of murdering an emergency |
4 |
| medical
technician - ambulance, emergency medical |
5 |
| technician - intermediate, emergency
medical |
6 |
| technician - paramedic, ambulance driver or other |
7 |
| medical assistance or
first aid person while |
8 |
| employed by a municipality or other governmental |
9 |
| unit
when the person was killed in the course of |
10 |
| performing official duties or
to prevent the |
11 |
| person from performing official duties or in |
12 |
| retaliation
for performing official duties and the |
13 |
| defendant knew or should have known
that the |
14 |
| murdered individual was an emergency medical |
15 |
| technician - ambulance,
emergency medical |
16 |
| technician - intermediate, emergency medical
|
17 |
| technician - paramedic, ambulance driver, or other |
18 |
| medical
assistant or first aid personnel, or
|
19 |
| (vi) is a person who, at the time of the |
20 |
| commission of the murder,
had not attained the age |
21 |
| of 17, and is found guilty of murdering a person |
22 |
| under
12 years of age and the murder is committed |
23 |
| during the course of aggravated
criminal sexual |
24 |
| assault, criminal sexual assault, or aggravated |
25 |
| kidnaping,
or
|
26 |
| (vii) is found guilty of first degree murder |
|
|
|
SB2349 Enrolled |
- 72 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| and the murder was
committed by reason of any |
2 |
| person's activity as a community policing |
3 |
| volunteer
or to prevent any person from engaging in |
4 |
| activity as a community policing
volunteer. For |
5 |
| the purpose of this Section, "community policing |
6 |
| volunteer"
has the meaning ascribed to it in |
7 |
| Section 2-3.5 of the Criminal Code of 1961.
|
8 |
| For purposes of clause (v), "emergency medical |
9 |
| technician - ambulance",
"emergency medical technician - |
10 |
| intermediate", "emergency medical technician -
|
11 |
| paramedic", have the meanings ascribed to them in the |
12 |
| Emergency Medical
Services (EMS) Systems Act.
|
13 |
| (d) (i) if the person committed the offense while |
14 |
| armed with a
firearm, 15 years shall be added to |
15 |
| the term of imprisonment imposed by the
court;
|
16 |
| (ii) if, during the commission of the offense, |
17 |
| the person
personally discharged a firearm, 20 |
18 |
| years shall be added to the term of
imprisonment |
19 |
| imposed by the court;
|
20 |
| (iii) if, during the commission of the |
21 |
| offense, the person
personally discharged a |
22 |
| firearm that proximately caused great bodily harm,
|
23 |
| permanent disability, permanent disfigurement, or |
24 |
| death to another person, 25
years or up to a term |
25 |
| of natural life shall be added to the term of
|
26 |
| imprisonment imposed by the court.
|
|
|
|
SB2349 Enrolled |
- 73 - |
LRB095 19641 RLC 45985 b |
|
|
1 |
| (1.5) for second degree murder, a term shall be not |
2 |
| less than 4 years
and not more than 20 years;
|
3 |
| (2) for a person adjudged a habitual criminal under |
4 |
| Article 33B of
the Criminal Code of 1961, as amended, the |
5 |
| sentence shall be a term of
natural life imprisonment;
|
6 |
| (2.5) for a person convicted under the circumstances |
7 |
| described in
paragraph (3) of subsection (b) of Section |
8 |
| 12-13, paragraph (2) of subsection
(d) of Section 12-14, |
9 |
| paragraph (1.2) of subsection (b) of
Section 12-14.1, or |
10 |
| paragraph (2) of subsection (b) of Section 12-14.1
of the |
11 |
| Criminal Code of 1961, the sentence shall be a term of |
12 |
| natural life
imprisonment;
|
13 |
| (3) except as otherwise provided in the statute |
14 |
| defining the
offense, for a Class X felony, the sentence |
15 |
| shall be not less than 6
years and not more than 30 years;
|
16 |
| (4) for a Class 1 felony, other than second degree |
17 |
| murder, the sentence
shall be not less than 4 years and not |
18 |
| more than 15 years;
|
19 |
| (5) for a Class 2 felony, the sentence shall be not |
20 |
| less than 3
years and not more than 7 years;
|
21 |
| (6) for a Class 3 felony, the sentence shall be not |
22 |
| less than 2
years and not more than 5 years;
|
23 |
| (7) for a Class 4 felony, the sentence shall be not |
24 |
| less than 1 year
and not more than 3 years.
|
25 |
| (b) The sentencing judge in each felony conviction shall |
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| set forth
his reasons for imposing the particular sentence he |
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| enters in the case,
as provided in Section 5-4-1 of this Code. |
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| Those reasons may include
any mitigating or aggravating factors |
3 |
| specified in this Code, or the
lack of any such circumstances, |
4 |
| as well as any other such factors as the
judge shall set forth |
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| on the record that are consistent with the
purposes and |
6 |
| principles of sentencing set out in this Code.
|
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| (c) A motion to reduce a sentence may be made, or the court |
8 |
| may reduce
a sentence without motion, within 30 days after the |
9 |
| sentence is imposed.
A defendant's challenge to the correctness |
10 |
| of a sentence or to any aspect of
the sentencing hearing shall |
11 |
| be made by a written motion filed within 30 days
following the |
12 |
| imposition of sentence. However, the court may not increase a
|
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| sentence once it is imposed.
|
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| If a motion filed pursuant to this subsection is timely |
15 |
| filed within 30 days
after the sentence is imposed, the |
16 |
| proponent of the motion shall exercise due
diligence in seeking |
17 |
| a determination on the motion and the court shall
thereafter |
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| decide such motion within a reasonable time.
|
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| If a motion filed pursuant to this subsection is timely |
20 |
| filed within 30 days
after the sentence is imposed, then for |
21 |
| purposes of perfecting an appeal, a
final judgment shall not be |
22 |
| considered to have been entered until the motion to
reduce a |
23 |
| sentence has been decided by order entered by the trial court.
|
24 |
| A motion filed pursuant to this subsection shall not be |
25 |
| considered to have
been timely
filed unless it is filed with |
26 |
| the circuit court clerk within 30 days after
the sentence is |
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LRB095 19641 RLC 45985 b |
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| imposed together with a notice of motion, which notice of
|
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| motion shall set the motion on the court's calendar on a date |
3 |
| certain within
a reasonable time after the date of filing.
|
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| (d) Except where a term of natural life is imposed, every |
5 |
| sentence
shall include as though written therein a term in |
6 |
| addition to the term
of imprisonment. For those sentenced under |
7 |
| the law in effect prior to
February 1, 1978, such term shall be |
8 |
| identified as a parole
term. For those sentenced on or after |
9 |
| February 1, 1978, such term
shall be identified as a mandatory |
10 |
| supervised release term. Subject to
earlier termination under |
11 |
| Section 3-3-8, the parole or mandatory
supervised release term |
12 |
| shall be as follows:
|
13 |
| (1) for first degree murder or a Class X felony except |
14 |
| for the offenses of predatory criminal sexual assault of a |
15 |
| child, aggravated criminal sexual assault, and criminal |
16 |
| sexual assault if committed on or after the effective date |
17 |
| of this amendatory Act of the 94th General Assembly and |
18 |
| except for the offense of aggravated child pornography |
19 |
| under Section 11-20.3 of the Criminal Code of 1961, if |
20 |
| committed on or after January 1, 2009 , 3 years;
|
21 |
| (2) for a Class 1 felony or a Class 2 felony except for |
22 |
| the offense of criminal sexual assault if committed on or |
23 |
| after the effective date of this amendatory Act of the 94th |
24 |
| General Assembly and except for the offenses of manufacture |
25 |
| and dissemination of child pornography under clauses |
26 |
| (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code |
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LRB095 19641 RLC 45985 b |
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| of 1961, if committed on or after January 1, 2009 , 2 years;
|
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| (3) for a Class 3 felony or a Class 4 felony, 1 year;
|
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| (4) for defendants who commit the offense of predatory |
4 |
| criminal sexual assault of a child, aggravated criminal |
5 |
| sexual assault, or criminal sexual assault, on or after the |
6 |
| effective date of this amendatory Act of the 94th General |
7 |
| Assembly , or who commit the offense of aggravated child |
8 |
| pornography, manufacture of child pornography, or |
9 |
| dissemination of child pornography after January 1, 2009 , |
10 |
| the term of mandatory supervised release shall range from a |
11 |
| minimum of 3 years to a maximum of the natural life of the |
12 |
| defendant;
|
13 |
| (5) if the victim is under 18 years of age, for a |
14 |
| second or subsequent
offense of aggravated criminal sexual |
15 |
| abuse or felony criminal sexual abuse,
4 years, at least |
16 |
| the first 2 years of which the defendant shall serve in an
|
17 |
| electronic home detention program under Article 8A of |
18 |
| Chapter V of this Code.
|
19 |
| (e) A defendant who has a previous and unexpired sentence |
20 |
| of
imprisonment imposed by another state or by any district |
21 |
| court of the
United States and who, after sentence for a
crime |
22 |
| in Illinois, must return to serve the unexpired prior sentence |
23 |
| may
have his sentence by the Illinois court ordered to be |
24 |
| concurrent with
the prior sentence in the other state. The |
25 |
| court may order that any time
served on the unexpired portion |
26 |
| of the sentence in the other state,
prior to his return to |
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LRB095 19641 RLC 45985 b |
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| Illinois, shall be credited on his Illinois
sentence. The other |
2 |
| state shall be furnished with a copy of the order
imposing |
3 |
| sentence which shall provide that, when the offender is
|
4 |
| released from confinement of the other state, whether by parole |
5 |
| or by
termination of sentence, the offender shall be |
6 |
| transferred by the
Sheriff of the committing county to the |
7 |
| Illinois Department of
Corrections. The court shall cause the |
8 |
| Department of Corrections to be
notified of such sentence at |
9 |
| the time of commitment and to be provided
with copies of all |
10 |
| records regarding the sentence.
|
11 |
| (f) A defendant who has a previous and unexpired sentence |
12 |
| of imprisonment
imposed by an Illinois circuit court for a |
13 |
| crime in this State and who is
subsequently sentenced to a term |
14 |
| of imprisonment by another state or by
any district court of |
15 |
| the United States and who has served a term of
imprisonment |
16 |
| imposed by the other state or district court of the United
|
17 |
| States, and must return to serve the unexpired prior sentence |
18 |
| imposed by
the Illinois Circuit Court may apply to the court |
19 |
| which imposed sentence to
have his sentence reduced.
|
20 |
| The circuit court may order that any time served on the |
21 |
| sentence imposed
by the other state or district court of the |
22 |
| United States be credited on
his Illinois sentence. Such |
23 |
| application for reduction of a sentence under
this subsection |
24 |
| (f) shall be made within 30 days after the defendant has
|
25 |
| completed the sentence imposed by the other state or district |
26 |
| court of the
United States.
|