Rep. John E. Bradley
Filed: 4/29/2008
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1 | AMENDMENT TO HOUSE BILL 5469
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2 | AMENDMENT NO. ______. Amend House Bill 5469, AS AMENDED, | ||||||
3 | with reference to page and line numbers of House Amendment No. | ||||||
4 | 1, on page 1, line 14, by inserting after "entity," the | ||||||
5 | following: | ||||||
6 | "subject to the reporting requirements of 42 U.S.C. 13032,"; | ||||||
7 | and | ||||||
8 | on page 2, line 2, by replacing "Tip Line" with "Tipline"; and | ||||||
9 | on page 2, by replacing lines 6 through 19 with the following: | ||||||
10 | "(a) the agent's name, phone number, and email address; and | ||||||
11 | (b) the name of the agent's employer."; and
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12 | on page 4, by replacing lines 18 through 24 with the following: | ||||||
13 | "shall report or cause a report to be made pursuant to | ||||||
14 | subsections (b) and (c) such instance to a peace officer | ||||||
15 | immediately or as soon as reasonably possible. Failure to make |
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1 | such report shall be a business offense with a fine of $1,000 . | ||||||
2 | (b) Commercial film and photographic film processors shall | ||||||
3 | report or cause a report to be made to the local law | ||||||
4 | enforcement agency of the jurisdiction in which the image or | ||||||
5 | images described in subsection (a) are discovered. | ||||||
6 | (c) Computer technicians shall report or cause the report | ||||||
7 | to be made to the local law enforcement agency of the | ||||||
8 | jurisdiction in which the image or images described in | ||||||
9 | subsection (a) are discovered or to the Illinois Child | ||||||
10 | Exploitation e-Tipline at reportchildporn@atg.state.il.us. | ||||||
11 | (d) Reports required by this Act shall include the | ||||||
12 | following information:
(i) name, address, and telephone number | ||||||
13 | of the person filing the report;
(ii) the employer of the | ||||||
14 | person filing the report, if any;
(iii) the name, address and | ||||||
15 | telephone number of the person whose property is the subject of | ||||||
16 | the report, if known;
(iv) the circumstances which led to the | ||||||
17 | filing of the report, including a description of the reported | ||||||
18 | content. | ||||||
19 | (e) If a report is filed with the Cyber Tipline at the | ||||||
20 | National Center for Missing and Exploited Children or in | ||||||
21 | accordance with the requirements of 42 U.S.C. 13032, the | ||||||
22 | requirements of this Act will be deemed to have been met. | ||||||
23 | (f) A computer technician or an employer caused to report | ||||||
24 | child pornography under this Section is immune from any | ||||||
25 | criminal, civil, or administrative liability in connection | ||||||
26 | with making the report, except for willful or wanton |
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1 | misconduct. | ||||||
2 | (g) For the purposes of this Section, a "computer "; and | ||||||
3 | on page 5, by replacing line 6 with the following: | ||||||
4 | "changing Sections 3-3-7, 5-6-3, 5-6-3.1, and 5-8-1 as follows: | ||||||
5 | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | ||||||
6 | (Text of Section after amendment by P.A. 95-464, 95-579, | ||||||
7 | and 95-640 ) | ||||||
8 | Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | ||||||
9 | Release.
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10 | (a) The conditions of parole or mandatory
supervised | ||||||
11 | release shall be such as the Prisoner Review
Board deems | ||||||
12 | necessary to assist the subject in leading a
law-abiding life. | ||||||
13 | The conditions of every parole and mandatory
supervised release | ||||||
14 | are that the subject:
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15 | (1) not violate any criminal statute of any | ||||||
16 | jurisdiction
during the parole or release term;
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17 | (2) refrain from possessing a firearm or other | ||||||
18 | dangerous
weapon;
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19 | (3) report to an agent of the Department of | ||||||
20 | Corrections;
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21 | (4) permit the agent to visit him or her at his or her | ||||||
22 | home, employment,
or
elsewhere to the
extent necessary for | ||||||
23 | the agent to discharge his or her duties;
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24 | (5) attend or reside in a facility established for the |
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1 | instruction or
residence
of persons on
parole or mandatory | ||||||
2 | supervised release;
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3 | (6) secure permission before visiting or writing a | ||||||
4 | committed person in an
Illinois Department
of Corrections | ||||||
5 | facility;
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6 | (7) report all arrests to an agent of the Department of | ||||||
7 | Corrections as
soon as
permitted by the
arresting authority | ||||||
8 | but in no event later than 24 hours after release from
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9 | custody;
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10 | (7.5) if convicted of a sex offense as defined in the | ||||||
11 | Sex Offender
Management Board Act, the individual shall | ||||||
12 | undergo and successfully complete
sex offender treatment | ||||||
13 | conducted in conformance with the standards developed by
| ||||||
14 | the Sex
Offender Management Board Act by a treatment | ||||||
15 | provider approved by the Board;
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16 | (7.6) if convicted of a sex offense as defined in the | ||||||
17 | Sex Offender
Management Board Act, refrain from residing at | ||||||
18 | the same address or in the same condominium unit or | ||||||
19 | apartment unit or in the same condominium complex or | ||||||
20 | apartment complex with another person he or she knows or | ||||||
21 | reasonably should know is a convicted sex offender or has | ||||||
22 | been placed on supervision for a sex offense; the | ||||||
23 | provisions of this paragraph do not apply to a person | ||||||
24 | convicted of a sex offense who is placed in a Department of | ||||||
25 | Corrections licensed transitional housing facility for sex | ||||||
26 | offenders, or is in any facility operated or licensed by |
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1 | the Department of Children and Family Services or by the | ||||||
2 | Department of Human Services, or is in any licensed medical | ||||||
3 | facility;
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4 | (7.7) if convicted for an offense that would qualify | ||||||
5 | the accused as a sexual predator under the Sex Offender | ||||||
6 | Registration Act on or after the effective date of this | ||||||
7 | amendatory Act of the 94th General Assembly, wear an | ||||||
8 | approved electronic monitoring device as defined in | ||||||
9 | Section 5-8A-2 for the duration of the person's parole, | ||||||
10 | mandatory supervised release term, or extended mandatory | ||||||
11 | supervised release term;
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12 | (7.8) if convicted for an offense committed on or after | ||||||
13 | the effective date of this amendatory Act of the 95th | ||||||
14 | General Assembly that would qualify the accused as a child | ||||||
15 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
16 | Criminal Code of 1961, refrain from communicating with or | ||||||
17 | contacting, by means of the Internet, a person who is not | ||||||
18 | related to the accused and whom the accused reasonably | ||||||
19 | believes to be under 18 years of age; for purposes of this | ||||||
20 | paragraph (7.8), "Internet" has the meaning ascribed to it | ||||||
21 | in Section 16J-5 of the Criminal Code of 1961 , as added by | ||||||
22 | Public Act 94-179 ; and a person is not related to the | ||||||
23 | accused if the person is not: (i) the spouse, brother, or | ||||||
24 | sister of the accused; (ii) a descendant of the accused; | ||||||
25 | (iii) a first or second cousin of the accused; or (iv) a | ||||||
26 | step-child or adopted child of the accused;
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1 | (7.9)
(7.8) if convicted under Section 11-6, 11-20.1, | ||||||
2 | 11-20.3, or 11-21 of the Criminal Code of 1961, consent to | ||||||
3 | search of computers, PDAs, cellular phones, and other | ||||||
4 | devices under his or her control that are capable of | ||||||
5 | accessing the Internet or storing electronic files, in | ||||||
6 | order to confirm Internet protocol addresses reported in | ||||||
7 | accordance with the Sex Offender Registration Act and | ||||||
8 | compliance with conditions in this Act;
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9 | (7.10)
(7.8) if convicted for an offense that would | ||||||
10 | qualify the accused as a sex offender or sexual predator | ||||||
11 | under the Sex Offender Registration Act on or after the | ||||||
12 | effective date of this amendatory Act of the 95th General | ||||||
13 | Assembly, not possess prescription drugs for erectile | ||||||
14 | dysfunction;
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15 | (7.11) 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 Department; | ||||||
23 | (ii) submit to periodic unannounced examinations | ||||||
24 | of the offender's computer or any other device with | ||||||
25 | Internet capability by the offender's supervising | ||||||
26 | agent, a law enforcement officer, or assigned computer |
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1 | or information technology specialist, including the | ||||||
2 | retrieval and copying of all data from the computer or | ||||||
3 | device and any internal or external peripherals and | ||||||
4 | removal of such information, equipment, or device to | ||||||
5 | conduct a more thorough inspection; | ||||||
6 | (iii) submit to the installation on the offender's | ||||||
7 | computer or device with Internet capability, at the | ||||||
8 | offender's expense, of one or more hardware or software | ||||||
9 | systems to monitor the Internet use; and | ||||||
10 | (iv) submit to any other appropriate restrictions | ||||||
11 | concerning the offender's use of or access to a | ||||||
12 | computer or any other device with Internet capability | ||||||
13 | imposed by the Board, the Department or the offender's | ||||||
14 | supervising agent; | ||||||
15 | (8) obtain permission of an agent of the Department of | ||||||
16 | Corrections before
leaving the
State of Illinois;
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17 | (9) obtain permission of an agent of the Department of | ||||||
18 | Corrections before
changing
his or her residence or | ||||||
19 | employment;
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20 | (10) consent to a search of his or her person, | ||||||
21 | property, or residence
under his or her
control;
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22 | (11) refrain from the use or possession of narcotics or | ||||||
23 | other controlled
substances in
any form, or both, or any | ||||||
24 | paraphernalia related to those substances and submit
to a
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25 | urinalysis test as instructed by a parole agent of the | ||||||
26 | Department of
Corrections;
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1 | (12) not frequent places where controlled substances | ||||||
2 | are illegally sold,
used,
distributed, or administered;
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3 | (13) not knowingly associate with other persons on | ||||||
4 | parole or mandatory
supervised
release without prior | ||||||
5 | written permission of his or her parole agent and not
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6 | associate with
persons who are members of an organized gang | ||||||
7 | as that term is defined in the
Illinois
Streetgang | ||||||
8 | Terrorism Omnibus Prevention Act;
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9 | (14) provide true and accurate information, as it | ||||||
10 | relates to his or her
adjustment in the
community while on | ||||||
11 | parole or mandatory supervised release or to his or her
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12 | conduct
while incarcerated, in response to inquiries by his | ||||||
13 | or her parole agent or of
the
Department of Corrections;
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14 | (15) follow any specific instructions provided by the | ||||||
15 | parole agent that
are consistent
with furthering | ||||||
16 | conditions set and approved by the Prisoner Review Board or | ||||||
17 | by
law,
exclusive of placement on electronic detention, to | ||||||
18 | achieve the goals and
objectives of his
or her parole or | ||||||
19 | mandatory supervised release or to protect the public. | ||||||
20 | These
instructions by the parole agent may be modified at | ||||||
21 | any time, as the agent
deems
appropriate; and
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22 | (16) 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 |
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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 Board may in addition to other conditions
require | ||||||
7 | that the subject:
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8 | (1) work or pursue a course of study or vocational | ||||||
9 | training;
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10 | (2) undergo medical or psychiatric treatment, or | ||||||
11 | treatment
for drug addiction or alcoholism;
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12 | (3) attend or reside in a facility established for the
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13 | instruction or residence of persons on probation or parole;
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14 | (4) support his dependents;
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15 | (5) (blank);
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16 | (6) (blank);
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17 | (7) comply with the terms and conditions of an order of | ||||||
18 | protection
issued pursuant to the Illinois Domestic | ||||||
19 | Violence Act of 1986, enacted by the
84th General Assembly, | ||||||
20 | or an order of protection issued by the court of another
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21 | state, tribe, or United States territory;
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22 | (7.5) if convicted for an offense committed on or after | ||||||
23 | the effective date of this amendatory Act of the 95th | ||||||
24 | General Assembly that would qualify the accused as a child | ||||||
25 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
26 | Criminal Code of 1961, refrain from communicating with or |
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1 | contacting, by means of the Internet, a person who is | ||||||
2 | related to the accused and whom the accused reasonably | ||||||
3 | believes to be under 18 years of age; for purposes of this | ||||||
4 | paragraph (7.5), "Internet" has the meaning ascribed to it | ||||||
5 | in Section 16J-5 of the Criminal Code of 1961 , as added by | ||||||
6 | Public Act 94-179 ; and a person is related to the accused | ||||||
7 | if the person is: (i) the spouse, brother, or sister of the | ||||||
8 | accused; (ii) a descendant of the accused; (iii) a first or | ||||||
9 | second cousin of the accused; or (iv) a step-child or | ||||||
10 | adopted child of the accused; | ||||||
11 | (7.6) if convicted for an offense committed on or after | ||||||
12 | the effective date of this amendatory Act of the 95th | ||||||
13 | General Assembly that would qualify as a sex offense as | ||||||
14 | defined in the Sex Offender Registration Act: | ||||||
15 | (i) not access or use a computer or any other | ||||||
16 | device with Internet capability without the prior | ||||||
17 | written approval of the Department; | ||||||
18 | (ii) submit to periodic unannounced examinations | ||||||
19 | of the offender's computer or any other device with | ||||||
20 | Internet capability by the offender's supervising | ||||||
21 | agent, a law enforcement officer, or assigned computer | ||||||
22 | or information technology specialist, including the | ||||||
23 | retrieval and copying of all data from the computer or | ||||||
24 | device and any internal or external peripherals and | ||||||
25 | removal of such information, equipment, or device to | ||||||
26 | conduct a more thorough inspection; |
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1 | (iii) submit to the installation on the offender's | ||||||
2 | computer or device with Internet capability, at the | ||||||
3 | offender's expense, of one or more hardware or software | ||||||
4 | systems to monitor the Internet use; and | ||||||
5 | (iv) submit to any other appropriate restrictions | ||||||
6 | concerning the offender's use of or access to a | ||||||
7 | computer or any other device with Internet capability | ||||||
8 | imposed by the Board, the Department or the offender's | ||||||
9 | supervising agent; and
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10 | (8) in addition, if a minor:
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11 | (i) reside with his parents or in a foster home;
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12 | (ii) attend school;
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13 | (iii) attend a non-residential program for youth; | ||||||
14 | or
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15 | (iv) contribute to his own support at home or in a | ||||||
16 | foster
home.
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17 | (b-1) In addition to the conditions set forth in | ||||||
18 | subsections (a) and (b), persons required to register as sex | ||||||
19 | offenders pursuant to the Sex Offender Registration Act, upon | ||||||
20 | release from the custody of the Illinois Department of | ||||||
21 | Corrections, may be required by the Board to comply with the | ||||||
22 | following specific conditions of release: | ||||||
23 | (1) reside only at a Department approved location; | ||||||
24 | (2) comply with all requirements of the Sex Offender | ||||||
25 | Registration Act;
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26 | (3) notify
third parties of the risks that may be |
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1 | occasioned by his or her criminal record; | ||||||
2 | (4) obtain the approval of an agent of the Department | ||||||
3 | of Corrections prior to accepting employment or pursuing a | ||||||
4 | course of study or vocational training and notify the | ||||||
5 | Department prior to any change in employment, study, or | ||||||
6 | training; | ||||||
7 | (5) not be employed or participate in any
volunteer | ||||||
8 | activity that involves contact with children, except under | ||||||
9 | circumstances approved in advance and in writing by an | ||||||
10 | agent of the Department of Corrections; | ||||||
11 | (6) be electronically monitored for a minimum of 12 | ||||||
12 | months from the date of release as determined by the Board;
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13 | (7) refrain from entering into a designated
geographic | ||||||
14 | area except upon terms approved in advance by an agent of | ||||||
15 | the Department of Corrections. The terms may include | ||||||
16 | consideration of the purpose of the entry, the time of day, | ||||||
17 | and others accompanying the person; | ||||||
18 | (8) refrain from having any contact, including
written | ||||||
19 | or oral communications, directly or indirectly, personally | ||||||
20 | or by telephone, letter, or through a third party with | ||||||
21 | certain specified persons including, but not limited to, | ||||||
22 | the victim or the victim's family without the prior written | ||||||
23 | approval of an agent of the Department of Corrections; | ||||||
24 | (9) refrain from all contact, directly or
indirectly, | ||||||
25 | personally, by telephone, letter, or through a third party, | ||||||
26 | with minor children without prior identification and |
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1 | approval of an agent of the Department of Corrections; | ||||||
2 | (10) neither possess or have under his or her
control | ||||||
3 | any material that is sexually oriented, sexually | ||||||
4 | stimulating, or that shows male or female sex organs or any | ||||||
5 | pictures depicting children under 18 years of age nude or | ||||||
6 | any written or audio material describing sexual | ||||||
7 | intercourse or that depicts or alludes to sexual activity, | ||||||
8 | including but not limited to visual, auditory, telephonic, | ||||||
9 | or electronic media, or any matter obtained through access | ||||||
10 | to any computer or material linked to computer access use; | ||||||
11 | (11) not patronize any business providing
sexually | ||||||
12 | stimulating or sexually oriented entertainment nor utilize | ||||||
13 | "900" or adult telephone numbers; | ||||||
14 | (12) not reside near, visit, or be in or about
parks, | ||||||
15 | schools, day care centers, swimming pools, beaches, | ||||||
16 | theaters, or any other places where minor children | ||||||
17 | congregate without advance approval of an agent of the | ||||||
18 | Department of Corrections and immediately report any | ||||||
19 | incidental contact with minor children to the Department; | ||||||
20 | (13) not possess or have under his or her control
| ||||||
21 | certain specified items of contraband related to the | ||||||
22 | incidence of sexually offending as determined by an agent | ||||||
23 | of the Department of Corrections; | ||||||
24 | (14) may be required to provide a written daily log of | ||||||
25 | activities
if directed by an agent of the Department of | ||||||
26 | Corrections; |
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1 | (15) comply with all other special conditions
that the | ||||||
2 | Department may impose that restrict the person from | ||||||
3 | high-risk situations and limit access to potential | ||||||
4 | victims; | ||||||
5 | (16) take an annual polygraph exam; | ||||||
6 | (17) maintain a log of his or her travel; or | ||||||
7 | (18) obtain prior approval of his or her parole officer | ||||||
8 | before driving alone in a motor vehicle.
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9 | (c) The conditions under which the parole or mandatory
| ||||||
10 | supervised release is to be served shall be communicated to
the | ||||||
11 | person in writing prior to his release, and he shall
sign the | ||||||
12 | same before release. A signed copy of these conditions,
| ||||||
13 | including a copy of an order of protection where one had been | ||||||
14 | issued by the
criminal court, shall be retained by the person | ||||||
15 | and another copy forwarded to
the officer in charge of his | ||||||
16 | supervision.
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17 | (d) After a hearing under Section 3-3-9, the Prisoner
| ||||||
18 | Review Board may modify or enlarge the conditions of parole
or | ||||||
19 | mandatory supervised release.
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20 | (e) The Department shall inform all offenders committed to
| ||||||
21 | the Department of the optional services available to them
upon | ||||||
22 | release and shall assist inmates in availing themselves
of such | ||||||
23 | optional services upon their release on a voluntary
basis. | ||||||
24 | (f) When the subject is in compliance with all conditions | ||||||
25 | of his or her parole or mandatory supervised release, the | ||||||
26 | subject shall receive a reduction of the period of his or her |
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| |||||||
1 | parole or mandatory supervised release of 90 days upon passage | ||||||
2 | of the high school level Test of General Educational | ||||||
3 | Development during the period of his or her parole or mandatory | ||||||
4 | supervised release. This reduction in the period of a subject's | ||||||
5 | term of parole or mandatory supervised release shall be | ||||||
6 | available only to subjects who have not previously earned a | ||||||
7 | high school diploma or who have not previously passed the high | ||||||
8 | school level Test of General Educational Development.
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9 | (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | ||||||
10 | 94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; | ||||||
11 | 95-579, eff. 6-1-08; 95-640, eff. 6-1-08; revised 12-26-07.) | ||||||
12 | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
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13 | (Text of Section after amendment by P.A. 95-464, 95-578, | ||||||
14 | and 95-696 ) | ||||||
15 | Sec. 5-6-3. Conditions of Probation and of Conditional | ||||||
16 | Discharge.
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17 | (a) The conditions of probation and of conditional | ||||||
18 | discharge shall be
that the person:
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19 | (1) not violate any criminal statute of any | ||||||
20 | jurisdiction;
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21 | (2) report to or appear in person before such person or | ||||||
22 | agency as
directed by the court;
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23 | (3) refrain from possessing a firearm or other | ||||||
24 | dangerous weapon;
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25 | (4) not leave the State without the consent of the |
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1 | court or, in
circumstances in which the reason for the | ||||||
2 | absence is of such an emergency
nature that prior consent | ||||||
3 | by the court is not possible, without the prior
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4 | notification and approval of the person's probation
| ||||||
5 | officer. Transfer of a person's probation or conditional | ||||||
6 | discharge
supervision to another state is subject to | ||||||
7 | acceptance by the other state
pursuant to the Interstate | ||||||
8 | Compact for Adult Offender Supervision;
| ||||||
9 | (5) permit the probation officer to visit
him at his | ||||||
10 | home or elsewhere
to the extent necessary to discharge his | ||||||
11 | duties;
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12 | (6) perform no less than 30 hours of community service | ||||||
13 | and not more than
120 hours of community service, if | ||||||
14 | community service is available in the
jurisdiction and is | ||||||
15 | funded and approved by the county board where the offense
| ||||||
16 | was committed, where the offense was related to or in | ||||||
17 | furtherance of the
criminal activities of an organized gang | ||||||
18 | and was motivated by the offender's
membership in or | ||||||
19 | allegiance to an organized gang. The community service | ||||||
20 | shall
include, but not be limited to, the cleanup and | ||||||
21 | repair of any damage caused by
a violation of Section | ||||||
22 | 21-1.3 of the Criminal Code of 1961 and similar damage
to | ||||||
23 | property located within the municipality or county in which | ||||||
24 | the violation
occurred. When possible and reasonable, the | ||||||
25 | community service should be
performed in the offender's | ||||||
26 | neighborhood. For purposes of this Section,
"organized |
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| |||||||
1 | gang" has the meaning ascribed to it in Section 10 of the | ||||||
2 | Illinois
Streetgang Terrorism Omnibus Prevention Act;
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3 | (7) if he or she is at least 17 years of age and has | ||||||
4 | been sentenced to
probation or conditional discharge for a | ||||||
5 | misdemeanor or felony in a county of
3,000,000 or more | ||||||
6 | inhabitants and has not been previously convicted of a
| ||||||
7 | misdemeanor or felony, may be required by the sentencing | ||||||
8 | court to attend
educational courses designed to prepare the | ||||||
9 | defendant for a high school diploma
and to work toward a | ||||||
10 | high school diploma or to work toward passing the high
| ||||||
11 | school level Test of General Educational Development (GED) | ||||||
12 | or to work toward
completing a vocational training program | ||||||
13 | approved by the court. The person on
probation or | ||||||
14 | conditional discharge must attend a public institution of
| ||||||
15 | education to obtain the educational or vocational training | ||||||
16 | required by this
clause (7). The court shall revoke the | ||||||
17 | probation or conditional discharge of a
person who wilfully | ||||||
18 | fails to comply with this clause (7). The person on
| ||||||
19 | probation or conditional discharge shall be required to pay | ||||||
20 | for the cost of the
educational courses or GED test, if a | ||||||
21 | fee is charged for those courses or
test. The court shall | ||||||
22 | resentence the offender whose probation or conditional
| ||||||
23 | discharge has been revoked as provided in Section 5-6-4. | ||||||
24 | This clause (7) does
not apply to a person who has a high | ||||||
25 | school diploma or has successfully passed
the GED test. | ||||||
26 | This clause (7) does not apply to a person who is |
| |||||||
| |||||||
1 | determined by
the court to be developmentally disabled or | ||||||
2 | otherwise mentally incapable of
completing the educational | ||||||
3 | or vocational program;
| ||||||
4 | (8) if convicted of possession of a substance | ||||||
5 | prohibited
by the Cannabis Control Act, the Illinois | ||||||
6 | Controlled Substances Act, or the Methamphetamine Control | ||||||
7 | and Community Protection Act
after a previous conviction or | ||||||
8 | disposition of supervision for possession of a
substance | ||||||
9 | prohibited by the Cannabis Control Act or Illinois | ||||||
10 | Controlled
Substances Act or after a sentence of probation | ||||||
11 | under Section 10 of the
Cannabis
Control Act, Section 410 | ||||||
12 | of the Illinois Controlled Substances Act, or Section 70 of | ||||||
13 | the Methamphetamine Control and Community Protection Act | ||||||
14 | and upon a
finding by the court that the person is | ||||||
15 | addicted, undergo treatment at a
substance abuse program | ||||||
16 | approved by the court;
| ||||||
17 | (8.5) if convicted of a felony sex offense as defined | ||||||
18 | in the Sex
Offender
Management Board Act, the person shall | ||||||
19 | undergo and successfully complete sex
offender treatment | ||||||
20 | by a treatment provider approved by the Board and conducted
| ||||||
21 | in conformance with the standards developed under the Sex
| ||||||
22 | Offender Management Board Act;
| ||||||
23 | (8.6) if convicted of a sex offense as defined in the | ||||||
24 | Sex Offender Management Board Act, refrain from residing at | ||||||
25 | the same address or in the same condominium unit or | ||||||
26 | apartment unit or in the same condominium complex or |
| |||||||
| |||||||
1 | apartment complex with another person he or she knows or | ||||||
2 | reasonably should know is a convicted sex offender or has | ||||||
3 | been placed on supervision for a sex offense; the | ||||||
4 | provisions of this paragraph do not apply to a person | ||||||
5 | convicted of a sex offense who is placed in a Department of | ||||||
6 | Corrections licensed transitional housing facility for sex | ||||||
7 | offenders; | ||||||
8 | (8.7) if convicted for an offense committed on or after | ||||||
9 | the effective date of this amendatory Act of the 95th | ||||||
10 | General Assembly that would qualify the accused as a child | ||||||
11 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
12 | Criminal Code of 1961, refrain from communicating with or | ||||||
13 | contacting, by means of the Internet, a person who is not | ||||||
14 | related to the accused and whom the accused reasonably | ||||||
15 | believes to be under 18 years of age; for purposes of this | ||||||
16 | paragraph (8.7), "Internet" has the meaning ascribed to it | ||||||
17 | in Section 16J-5 of the Criminal Code of 1961 , as added by | ||||||
18 | Public Act 94-179 ; and a person is not related to the | ||||||
19 | accused if the person is not: (i) the spouse, brother, or | ||||||
20 | sister of the accused; (ii) a descendant of the accused; | ||||||
21 | (iii) a first or second cousin of the accused; or (iv) a | ||||||
22 | step-child or adopted child of the accused; | ||||||
23 | (8.8) if convicted for an offense under Section 11-6, | ||||||
24 | 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal | ||||||
25 | Code of 1961, or any attempt to commit any of these | ||||||
26 | offenses, committed on or after the effective date of this |
| |||||||
| |||||||
1 | amendatory Act of the 95th General Assembly: | ||||||
2 | (i) not access or use a computer or any other | ||||||
3 | device with Internet capability without the prior | ||||||
4 | written approval of the offender's probation officer, | ||||||
5 | except in connection with the offender's employment or | ||||||
6 | search for employment with the prior approval of the | ||||||
7 | offender's probation officer; | ||||||
8 | (ii) submit to periodic unannounced examinations | ||||||
9 | of the offender's computer or any other device with | ||||||
10 | Internet capability by the offender's probation | ||||||
11 | officer, a law enforcement officer, or assigned | ||||||
12 | computer or information technology specialist, | ||||||
13 | including the retrieval and copying of all data from | ||||||
14 | the computer or device and any internal or external | ||||||
15 | peripherals and removal of such information, | ||||||
16 | equipment, or device to conduct a more thorough | ||||||
17 | inspection; | ||||||
18 | (iii) submit to the installation on the offender's | ||||||
19 | computer or device with Internet capability, at the | ||||||
20 | offender's expense, of one or more hardware or software | ||||||
21 | systems to monitor the Internet use; and | ||||||
22 | (iv) submit to any other appropriate restrictions | ||||||
23 | concerning the offender's use of or access to a | ||||||
24 | computer or any other device with Internet capability | ||||||
25 | imposed by the offender's probation officer; | ||||||
26 | (9) if convicted of a felony, physically surrender at a |
| |||||||
| |||||||
1 | time and place
designated by the court, his or her Firearm
| ||||||
2 | Owner's Identification Card and
any and all firearms in
his | ||||||
3 | or her possession; and
| ||||||
4 | (10) if convicted of a sex offense as defined in | ||||||
5 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
6 | offender is a parent or guardian of the person under 18 | ||||||
7 | years of age present in the home and no non-familial minors | ||||||
8 | are present, not participate in a holiday event involving | ||||||
9 | children under 18 years of age, such as distributing candy | ||||||
10 | or other items to children on Halloween, wearing a Santa | ||||||
11 | Claus costume on or preceding Christmas, being employed as | ||||||
12 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
13 | costume on or preceding Easter. | ||||||
14 | (b) The Court may in addition to other reasonable | ||||||
15 | conditions relating to the
nature of the offense or the | ||||||
16 | rehabilitation of the defendant as determined for
each | ||||||
17 | defendant in the proper discretion of the Court require that | ||||||
18 | the person:
| ||||||
19 | (1) serve a term of periodic imprisonment under Article | ||||||
20 | 7 for a
period not to exceed that specified in paragraph | ||||||
21 | (d) of Section 5-7-1;
| ||||||
22 | (2) pay a fine and costs;
| ||||||
23 | (3) work or pursue a course of study or vocational | ||||||
24 | training;
| ||||||
25 | (4) undergo medical, psychological or psychiatric | ||||||
26 | treatment; or treatment
for drug addiction or alcoholism;
|
| |||||||
| |||||||
1 | (5) attend or reside in a facility established for the | ||||||
2 | instruction
or residence of defendants on probation;
| ||||||
3 | (6) support his dependents;
| ||||||
4 | (7) and in addition, if a minor:
| ||||||
5 | (i) reside with his parents or in a foster home;
| ||||||
6 | (ii) attend school;
| ||||||
7 | (iii) attend a non-residential program for youth;
| ||||||
8 | (iv) contribute to his own support at home or in a | ||||||
9 | foster home;
| ||||||
10 | (v) with the consent of the superintendent of the
| ||||||
11 | facility, attend an educational program at a facility | ||||||
12 | other than the school
in which the
offense was | ||||||
13 | committed if he
or she is convicted of a crime of | ||||||
14 | violence as
defined in
Section 2 of the Crime Victims | ||||||
15 | Compensation Act committed in a school, on the
real
| ||||||
16 | property
comprising a school, or within 1,000 feet of | ||||||
17 | the real property comprising a
school;
| ||||||
18 | (8) make restitution as provided in Section 5-5-6 of | ||||||
19 | this Code;
| ||||||
20 | (9) perform some reasonable public or community | ||||||
21 | service;
| ||||||
22 | (10) serve a term of home confinement. In addition to | ||||||
23 | any other
applicable condition of probation or conditional | ||||||
24 | discharge, the
conditions of home confinement shall be that | ||||||
25 | the offender:
| ||||||
26 | (i) remain within the interior premises of the |
| |||||||
| |||||||
1 | place designated for
his confinement during the hours | ||||||
2 | designated by the court;
| ||||||
3 | (ii) admit any person or agent designated by the | ||||||
4 | court into the
offender's place of confinement at any | ||||||
5 | time for purposes of verifying
the offender's | ||||||
6 | compliance with the conditions of his confinement; and
| ||||||
7 | (iii) if further deemed necessary by the court or | ||||||
8 | the
Probation or
Court Services Department, be placed | ||||||
9 | on an approved
electronic monitoring device, subject | ||||||
10 | to Article 8A of Chapter V;
| ||||||
11 | (iv) for persons convicted of any alcohol, | ||||||
12 | cannabis or controlled
substance violation who are | ||||||
13 | placed on an approved monitoring device as a
condition | ||||||
14 | of probation or conditional discharge, the court shall | ||||||
15 | impose a
reasonable fee for each day of the use of the | ||||||
16 | device, as established by the
county board in | ||||||
17 | subsection (g) of this Section, unless after | ||||||
18 | determining the
inability of the offender to pay the | ||||||
19 | fee, the court assesses a lesser fee or no
fee as the | ||||||
20 | case may be. This fee shall be imposed in addition to | ||||||
21 | the fees
imposed under subsections (g) and (i) of this | ||||||
22 | Section. The fee shall be
collected by the clerk of the | ||||||
23 | circuit court. The clerk of the circuit
court shall pay | ||||||
24 | all monies collected from this fee to the county | ||||||
25 | treasurer
for deposit in the substance abuse services | ||||||
26 | fund under Section 5-1086.1 of
the Counties Code; and
|
| |||||||
| |||||||
1 | (v) for persons convicted of offenses other than | ||||||
2 | those referenced in
clause (iv) above and who are | ||||||
3 | placed on an approved monitoring device as a
condition | ||||||
4 | of probation or conditional discharge, the court shall | ||||||
5 | impose
a reasonable fee for each day of the use of the | ||||||
6 | device, as established by the
county board in | ||||||
7 | subsection (g) of this Section, unless after | ||||||
8 | determining the
inability of the defendant to pay the | ||||||
9 | fee, the court assesses a lesser fee or
no fee as the | ||||||
10 | case may be. This fee shall be imposed in addition to | ||||||
11 | the fees
imposed under subsections (g) and (i) of this | ||||||
12 | Section. The fee
shall be collected by the clerk of the | ||||||
13 | circuit court. The clerk of the circuit
court shall pay | ||||||
14 | all monies collected from this fee
to the county | ||||||
15 | treasurer who shall use the monies collected to defray | ||||||
16 | the
costs of corrections. The county treasurer shall | ||||||
17 | deposit the fee
collected in the county working cash | ||||||
18 | fund under Section 6-27001 or Section
6-29002 of the | ||||||
19 | Counties Code, as the case may be.
| ||||||
20 | (11) comply with the terms and conditions of an order | ||||||
21 | of protection issued
by the court pursuant to the Illinois | ||||||
22 | Domestic Violence Act of 1986,
as now or hereafter amended, | ||||||
23 | or an order of protection issued by the court of
another | ||||||
24 | state, tribe, or United States territory. A copy of the | ||||||
25 | order of
protection shall be
transmitted to the probation | ||||||
26 | officer or agency
having responsibility for the case;
|
| |||||||
| |||||||
1 | (12) reimburse any "local anti-crime program" as | ||||||
2 | defined in Section 7
of the Anti-Crime Advisory Council Act | ||||||
3 | for any reasonable expenses incurred
by the program on the | ||||||
4 | offender's case, not to exceed the maximum amount of
the | ||||||
5 | fine authorized for the offense for which the defendant was | ||||||
6 | sentenced;
| ||||||
7 | (13) contribute a reasonable sum of money, not to | ||||||
8 | exceed the maximum
amount of the fine authorized for the
| ||||||
9 | offense for which the defendant was sentenced, (i) to a | ||||||
10 | "local anti-crime
program", as defined in Section 7 of the | ||||||
11 | Anti-Crime Advisory Council Act, or (ii) for offenses under | ||||||
12 | the jurisdiction of the Department of Natural Resources, to | ||||||
13 | the fund established by the Department of Natural Resources | ||||||
14 | for the purchase of evidence for investigation purposes and | ||||||
15 | to conduct investigations as outlined in Section 805-105 of | ||||||
16 | the Department of Natural Resources (Conservation) Law;
| ||||||
17 | (14) refrain from entering into a designated | ||||||
18 | geographic area except upon
such terms as the court finds | ||||||
19 | appropriate. Such terms may include
consideration of the | ||||||
20 | purpose of the entry, the time of day, other persons
| ||||||
21 | accompanying the defendant, and advance approval by a
| ||||||
22 | probation officer, if
the defendant has been placed on | ||||||
23 | probation or advance approval by the
court, if the | ||||||
24 | defendant was placed on conditional discharge;
| ||||||
25 | (15) refrain from having any contact, directly or | ||||||
26 | indirectly, with
certain specified persons or particular |
| |||||||
| |||||||
1 | types of persons, including but not
limited to members of | ||||||
2 | street gangs and drug users or dealers;
| ||||||
3 | (16) refrain from having in his or her body the | ||||||
4 | presence of any illicit
drug prohibited by the Cannabis | ||||||
5 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
6 | Methamphetamine Control and Community Protection Act, | ||||||
7 | unless prescribed by a physician, and submit samples of
his | ||||||
8 | or her blood or urine or both for tests to determine the | ||||||
9 | presence of any
illicit drug; and
| ||||||
10 | (17) if convicted for an offense committed on or after | ||||||
11 | the effective date of this amendatory Act of the 95th | ||||||
12 | General Assembly that would qualify the accused as a child | ||||||
13 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
14 | Criminal Code of 1961, refrain from communicating with or | ||||||
15 | contacting, by means of the Internet, a person who is | ||||||
16 | related to the accused and whom the accused reasonably | ||||||
17 | believes to be under 18 years of age; for purposes of this | ||||||
18 | paragraph (17), "Internet" has the meaning ascribed to it | ||||||
19 | in Section 16J-5 of the Criminal Code of 1961 , as added by | ||||||
20 | Public Act 94-179 ; and a person is related to the accused | ||||||
21 | if the person is: (i) the spouse, brother, or sister of the | ||||||
22 | accused; (ii) a descendant of the accused; (iii) a first or | ||||||
23 | second cousin of the accused; or (iv) a step-child or | ||||||
24 | adopted child of the accused ; and . | ||||||
25 | (18) if convicted for an offense committed on or after | ||||||
26 | the effective date of this amendatory Act of the 95th |
| |||||||
| |||||||
1 | General Assembly that would qualify as a sex offense as | ||||||
2 | defined in the Sex Offender Registration Act: | ||||||
3 | (i) not access or use a computer or any other | ||||||
4 | device with Internet capability without the prior | ||||||
5 | written approval of the offender's probation officer, | ||||||
6 | except in connection with the offender's employment or | ||||||
7 | search for employment with the prior approval of the | ||||||
8 | offender's probation officer; | ||||||
9 | (ii) submit to periodic unannounced examinations | ||||||
10 | of the offender's computer or any other device with | ||||||
11 | Internet capability by the offender's probation | ||||||
12 | officer, a law enforcement officer, or assigned | ||||||
13 | computer or information technology specialist, | ||||||
14 | including the retrieval and copying of all data from | ||||||
15 | the computer or device and any internal or external | ||||||
16 | peripherals and removal of such information, | ||||||
17 | equipment, or device to conduct a more thorough | ||||||
18 | inspection; | ||||||
19 | (iii) submit to the installation on the offender's | ||||||
20 | computer or device with Internet capability, at the | ||||||
21 | subject'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 offender's probation officer. |
| |||||||
| |||||||
1 | (c) The court may as a condition of probation or of | ||||||
2 | conditional
discharge require that a person under 18 years of | ||||||
3 | age found guilty of any
alcohol, cannabis or controlled | ||||||
4 | substance violation, refrain from acquiring
a driver's license | ||||||
5 | during
the period of probation or conditional discharge. If | ||||||
6 | such person
is in possession of a permit or license, the court | ||||||
7 | may require that
the minor refrain from driving or operating | ||||||
8 | any motor vehicle during the
period of probation or conditional | ||||||
9 | discharge, except as may be necessary in
the course of the | ||||||
10 | minor's lawful employment.
| ||||||
11 | (d) An offender sentenced to probation or to conditional | ||||||
12 | discharge
shall be given a certificate setting forth the | ||||||
13 | conditions thereof.
| ||||||
14 | (e) Except where the offender has committed a fourth or | ||||||
15 | subsequent
violation of subsection (c) of Section 6-303 of the | ||||||
16 | Illinois Vehicle Code,
the court shall not require as a | ||||||
17 | condition of the sentence of
probation or conditional discharge | ||||||
18 | that the offender be committed to a
period of imprisonment in | ||||||
19 | excess of 6 months.
This 6 month limit shall not include | ||||||
20 | periods of confinement given pursuant to
a sentence of county | ||||||
21 | impact incarceration under Section 5-8-1.2.
| ||||||
22 | Persons committed to imprisonment as a condition of | ||||||
23 | probation or
conditional discharge shall not be committed to | ||||||
24 | the Department of
Corrections.
| ||||||
25 | (f) The court may combine a sentence of periodic | ||||||
26 | imprisonment under
Article 7 or a sentence to a county impact |
| |||||||
| |||||||
1 | incarceration program under
Article 8 with a sentence of | ||||||
2 | probation or conditional discharge.
| ||||||
3 | (g) An offender sentenced to probation or to conditional | ||||||
4 | discharge and
who during the term of either undergoes mandatory | ||||||
5 | drug or alcohol testing,
or both, or is assigned to be placed | ||||||
6 | on an approved electronic monitoring
device, shall be ordered | ||||||
7 | to pay all costs incidental to such mandatory drug
or alcohol | ||||||
8 | testing, or both, and all costs
incidental to such approved | ||||||
9 | electronic monitoring in accordance with the
defendant's | ||||||
10 | ability to pay those costs. The county board with
the | ||||||
11 | concurrence of the Chief Judge of the judicial
circuit in which | ||||||
12 | the county is located shall establish reasonable fees for
the | ||||||
13 | cost of maintenance, testing, and incidental expenses related | ||||||
14 | to the
mandatory drug or alcohol testing, or both, and all | ||||||
15 | costs incidental to
approved electronic monitoring, involved | ||||||
16 | in a successful probation program
for the county. The | ||||||
17 | concurrence of the Chief Judge shall be in the form of
an | ||||||
18 | administrative order.
The fees shall be collected by the clerk | ||||||
19 | of the circuit court. The clerk of
the circuit court shall pay | ||||||
20 | all moneys collected from these fees to the county
treasurer | ||||||
21 | who shall use the moneys collected to defray the costs of
drug | ||||||
22 | testing, alcohol testing, and electronic monitoring.
The | ||||||
23 | county treasurer shall deposit the fees collected in the
county | ||||||
24 | working cash fund under Section 6-27001 or Section 6-29002 of | ||||||
25 | the
Counties Code, as the case may be.
| ||||||
26 | (h) Jurisdiction over an offender may be transferred from |
| |||||||
| |||||||
1 | the
sentencing court to the court of another circuit with the | ||||||
2 | concurrence of
both courts. Further transfers or retransfers of
| ||||||
3 | jurisdiction are also
authorized in the same manner. The court | ||||||
4 | to which jurisdiction has been
transferred shall have the same | ||||||
5 | powers as the sentencing court.
| ||||||
6 | (i) The court shall impose upon an offender
sentenced to | ||||||
7 | probation after January 1, 1989 or to conditional discharge
| ||||||
8 | after January 1, 1992 or to community service under the | ||||||
9 | supervision of a
probation or court services department after | ||||||
10 | January 1, 2004, as a condition of such probation or | ||||||
11 | conditional
discharge or supervised community service, a fee of | ||||||
12 | $50
for each month of probation or
conditional
discharge | ||||||
13 | supervision or supervised community service ordered by the | ||||||
14 | court, unless after
determining the inability of the person | ||||||
15 | sentenced to probation or conditional
discharge or supervised | ||||||
16 | community service to pay the
fee, the court assesses a lesser | ||||||
17 | fee. The court may not impose the fee on a
minor who is made a | ||||||
18 | ward of the State under the Juvenile Court Act of 1987
while | ||||||
19 | the minor is in placement.
The fee shall be imposed only upon
| ||||||
20 | an offender who is actively supervised by the
probation and | ||||||
21 | court services
department. The fee shall be collected by the | ||||||
22 | clerk
of the circuit court. The clerk of the circuit court | ||||||
23 | shall pay all monies
collected from this fee to the county | ||||||
24 | treasurer for deposit in the
probation and court services fund | ||||||
25 | under Section 15.1 of the
Probation and Probation Officers Act.
| ||||||
26 | A circuit court may not impose a probation fee under this |
| |||||||
| |||||||
1 | subsection (i) in excess of $25
per month unless: (1) the | ||||||
2 | circuit court has adopted, by administrative
order issued by | ||||||
3 | the chief judge, a standard probation fee guide
determining an | ||||||
4 | offender's ability to pay, under guidelines developed by
the | ||||||
5 | Administrative
Office of the Illinois Courts; and (2) the | ||||||
6 | circuit court has authorized, by
administrative order issued by | ||||||
7 | the chief judge, the creation of a Crime
Victim's Services | ||||||
8 | Fund, to be administered by the Chief Judge or his or
her | ||||||
9 | designee, for services to crime victims and their families. Of | ||||||
10 | the
amount collected as a probation fee, up to $5 of that fee
| ||||||
11 | collected per month may be used to provide services to crime | ||||||
12 | victims
and their families.
| ||||||
13 | This amendatory Act of the 93rd General Assembly deletes | ||||||
14 | the $10 increase in the fee under this subsection that was | ||||||
15 | imposed by Public Act 93-616. This deletion is intended to | ||||||
16 | control over any other Act of the 93rd General Assembly that | ||||||
17 | retains or incorporates that fee increase. | ||||||
18 | (i-5) In addition to the fees imposed under subsection (i) | ||||||
19 | of this Section, in the case of an offender convicted of a | ||||||
20 | felony sex offense (as defined in the Sex Offender Management | ||||||
21 | Board Act) or an offense that the court or probation department | ||||||
22 | has determined to be sexually motivated (as defined in the Sex | ||||||
23 | Offender Management Board Act), the court or the probation | ||||||
24 | department shall assess additional fees to pay for all costs of | ||||||
25 | treatment, assessment, evaluation for risk and treatment, and | ||||||
26 | monitoring the offender, based on that offender's ability to |
| |||||||
| |||||||
1 | pay those costs either as they occur or under a payment plan. | ||||||
2 | (j) All fines and costs imposed under this Section for any | ||||||
3 | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
4 | Code, or a similar
provision of a local ordinance, and any | ||||||
5 | violation of the Child Passenger
Protection Act, or a similar | ||||||
6 | provision of a local ordinance, shall be
collected and | ||||||
7 | disbursed by the circuit clerk as provided under Section 27.5
| ||||||
8 | of the Clerks of Courts Act.
| ||||||
9 | (k) Any offender who is sentenced to probation or | ||||||
10 | conditional discharge for a felony sex offense as defined in | ||||||
11 | the Sex Offender Management Board Act or any offense that the | ||||||
12 | court or probation department has determined to be sexually | ||||||
13 | motivated as defined in the Sex Offender Management Board Act | ||||||
14 | shall be required to refrain from any contact, directly or | ||||||
15 | indirectly, with any persons specified by the court and shall | ||||||
16 | be available for all evaluations and treatment programs | ||||||
17 | required by the court or the probation department.
| ||||||
18 | (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | ||||||
19 | 94-556, eff. 9-11-05; 95-331, eff. 8-21-07; 95-464, eff. | ||||||
20 | 6-1-08; 95-578, eff. 6-1-08; 95-696, eff. 6-1-08; revised | ||||||
21 | 12-26-07.)
| ||||||
22 | (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
| ||||||
23 | (Text of Section after amendment by P.A. 95-464 and 95-696 ) | ||||||
24 | Sec. 5-6-3.1. Incidents and Conditions of Supervision.
| ||||||
25 | (a) When a defendant is placed on supervision, the court |
| |||||||
| |||||||
1 | shall enter
an order for supervision specifying the period of | ||||||
2 | such supervision, and
shall defer further proceedings in the | ||||||
3 | case until the conclusion of the
period.
| ||||||
4 | (b) The period of supervision shall be reasonable under all | ||||||
5 | of the
circumstances of the case, but may not be longer than 2 | ||||||
6 | years, unless the
defendant has failed to pay the assessment | ||||||
7 | required by Section 10.3 of the
Cannabis Control Act,
Section | ||||||
8 | 411.2 of the Illinois Controlled
Substances Act, or Section 80 | ||||||
9 | of the Methamphetamine Control and Community Protection Act, in | ||||||
10 | which case the court may extend supervision beyond 2 years.
| ||||||
11 | Additionally, the court shall order the defendant to perform no | ||||||
12 | less than 30
hours of community service and not more than 120 | ||||||
13 | hours of community service, if
community service is available | ||||||
14 | in the
jurisdiction and is funded and approved by the county | ||||||
15 | board where the offense
was committed,
when the offense (1) was
| ||||||
16 | related to or in furtherance of the criminal activities of an | ||||||
17 | organized gang or
was motivated by the defendant's membership | ||||||
18 | in or allegiance to an organized
gang; or (2) is a violation of | ||||||
19 | any Section of Article 24 of the Criminal
Code of 1961 where a | ||||||
20 | disposition of supervision is not prohibited by Section
5-6-1 | ||||||
21 | of this Code.
The
community service shall include, but not be | ||||||
22 | limited to, the cleanup and repair
of any damage caused by | ||||||
23 | violation of Section 21-1.3 of the Criminal Code of
1961 and | ||||||
24 | similar damages to property located within the municipality or | ||||||
25 | county
in which the violation occurred. Where possible and | ||||||
26 | reasonable, the community
service should be performed in the |
| |||||||
| |||||||
1 | offender's neighborhood.
| ||||||
2 | For the purposes of this
Section, "organized gang" has the | ||||||
3 | meaning ascribed to it in Section 10 of the
Illinois Streetgang | ||||||
4 | Terrorism Omnibus Prevention Act.
| ||||||
5 | (c) The court may in addition to other reasonable | ||||||
6 | conditions
relating to the nature of the offense or the | ||||||
7 | rehabilitation of the
defendant as determined for each | ||||||
8 | defendant in the proper discretion of
the court require that | ||||||
9 | the person:
| ||||||
10 | (1) make a report to and appear in person before or | ||||||
11 | participate with
the court or such courts, person, or | ||||||
12 | social service agency as directed
by the court in the order | ||||||
13 | of supervision;
| ||||||
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) refrain from possessing a firearm or other | ||||||
23 | dangerous weapon;
| ||||||
24 | (8) and in addition, if a minor:
| ||||||
25 | (i) reside with his parents or in a foster home;
| ||||||
26 | (ii) attend school;
|
| |||||||
| |||||||
1 | (iii) attend a non-residential program for youth;
| ||||||
2 | (iv) contribute to his own support at home or in a | ||||||
3 | foster home; or
| ||||||
4 | (v) with the consent of the superintendent of the
| ||||||
5 | facility, attend an educational program at a facility | ||||||
6 | other than the school
in which the
offense was | ||||||
7 | committed if he
or she is placed on supervision for a | ||||||
8 | crime of violence as
defined in
Section 2 of the Crime | ||||||
9 | Victims Compensation Act committed in a school, on the
| ||||||
10 | real
property
comprising a school, or within 1,000 feet | ||||||
11 | of the real property comprising a
school;
| ||||||
12 | (9) make restitution or reparation in an amount not to | ||||||
13 | exceed actual
loss or damage to property and pecuniary loss | ||||||
14 | or make restitution under Section
5-5-6 to a domestic | ||||||
15 | violence shelter. The court shall
determine the amount and | ||||||
16 | conditions of payment;
| ||||||
17 | (10) perform some reasonable public or community | ||||||
18 | service;
| ||||||
19 | (11) comply with the terms and conditions of an order | ||||||
20 | of protection
issued by the court pursuant to the Illinois | ||||||
21 | Domestic Violence Act of 1986 or
an order of protection | ||||||
22 | issued by the court of another state, tribe, or United
| ||||||
23 | States territory.
If the court has ordered the defendant to | ||||||
24 | make a report and appear in
person under paragraph (1) of | ||||||
25 | this subsection, a copy of the order of
protection shall be | ||||||
26 | transmitted to the person or agency so designated
by the |
| |||||||
| |||||||
1 | court;
| ||||||
2 | (12) reimburse any "local anti-crime program" as | ||||||
3 | defined in Section 7 of
the Anti-Crime Advisory Council Act | ||||||
4 | for any reasonable expenses incurred by the
program on the | ||||||
5 | offender's case, not to exceed the maximum amount of the
| ||||||
6 | fine authorized for the offense for which the defendant was | ||||||
7 | sentenced;
| ||||||
8 | (13) contribute a reasonable sum of money, not to
| ||||||
9 | exceed the maximum amount of the fine authorized for the | ||||||
10 | offense for which
the defendant was sentenced, (i) to a | ||||||
11 | "local anti-crime program", as defined
in Section 7 of the | ||||||
12 | Anti-Crime Advisory Council Act, or (ii) for offenses under | ||||||
13 | the jurisdiction of the Department of Natural Resources, to | ||||||
14 | the fund established by the Department of Natural Resources | ||||||
15 | for the purchase of evidence for investigation purposes and | ||||||
16 | to conduct investigations as outlined in Section 805-105 of | ||||||
17 | the Department of Natural Resources (Conservation) Law;
| ||||||
18 | (14) refrain from entering into a designated | ||||||
19 | geographic area except
upon such terms as the court finds | ||||||
20 | appropriate. Such terms may include
consideration of the | ||||||
21 | purpose of the entry, the time of day, other persons
| ||||||
22 | accompanying the defendant, and advance approval by a | ||||||
23 | probation officer;
| ||||||
24 | (15) refrain from having any contact, directly or | ||||||
25 | indirectly, with
certain specified persons or particular | ||||||
26 | types of person, including but not
limited to members of |
| |||||||
| |||||||
1 | street gangs and drug users or dealers;
| ||||||
2 | (16) refrain from having in his or her body the | ||||||
3 | presence of any illicit
drug prohibited by the Cannabis | ||||||
4 | Control Act, the Illinois Controlled
Substances Act, or the | ||||||
5 | Methamphetamine Control and Community Protection Act, | ||||||
6 | unless prescribed by a physician, and submit samples of
his | ||||||
7 | or her blood or urine or both for tests to determine the | ||||||
8 | presence of any
illicit drug;
| ||||||
9 | (17) refrain from operating any motor vehicle not | ||||||
10 | equipped with an
ignition interlock device as defined in | ||||||
11 | Section 1-129.1 of the Illinois
Vehicle Code ; under . Under | ||||||
12 | this condition the court may allow a defendant who is not
| ||||||
13 | self-employed to operate a vehicle owned by the defendant's | ||||||
14 | employer that is
not equipped with an ignition interlock | ||||||
15 | device in the course and scope of the
defendant's | ||||||
16 | employment; and
| ||||||
17 | (18) if placed on supervision for a sex offense as | ||||||
18 | defined in subsection (a-5) of Section 3-1-2 of this Code, | ||||||
19 | unless the offender is a parent or guardian of the person | ||||||
20 | under 18 years of age present in the home and no | ||||||
21 | non-familial minors are present, not participate in a | ||||||
22 | holiday event involving
children
under 18 years of age, | ||||||
23 | such as distributing candy or other items to children on
| ||||||
24 | Halloween,
wearing a Santa Claus costume on or preceding | ||||||
25 | Christmas, being employed as a
department store Santa | ||||||
26 | Claus, or wearing an Easter Bunny costume on or
preceding
|
| |||||||
| |||||||
1 | Easter. | ||||||
2 | (d) The court shall defer entering any judgment on the | ||||||
3 | charges
until the conclusion of the supervision.
| ||||||
4 | (e) At the conclusion of the period of supervision, if the | ||||||
5 | court
determines that the defendant has successfully complied | ||||||
6 | with all of the
conditions of supervision, the court shall | ||||||
7 | discharge the defendant and
enter a judgment dismissing the | ||||||
8 | charges.
| ||||||
9 | (f) Discharge and dismissal upon a successful conclusion of | ||||||
10 | a
disposition of supervision shall be deemed without | ||||||
11 | adjudication of guilt
and shall not be termed a conviction for | ||||||
12 | purposes of disqualification or
disabilities imposed by law | ||||||
13 | upon conviction of a crime. Two years after the
discharge and | ||||||
14 | dismissal under this Section, unless the disposition of
| ||||||
15 | supervision was for a violation of Sections 3-707, 3-708, | ||||||
16 | 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | ||||||
17 | similar
provision of a local ordinance, or for a violation of | ||||||
18 | Sections 12-3.2
or 16A-3 of the Criminal Code of 1961, in which | ||||||
19 | case it shall be 5
years after discharge and dismissal, a | ||||||
20 | person may have his record
of arrest sealed or expunged as may | ||||||
21 | be provided by law. However, any
defendant placed on | ||||||
22 | supervision before January 1, 1980, may move for
sealing or | ||||||
23 | expungement of his arrest record, as provided by law, at any
| ||||||
24 | time after discharge and dismissal under this Section.
A person | ||||||
25 | placed on supervision for a sexual offense committed against a | ||||||
26 | minor
as defined in subsection (g) of Section 5 of the Criminal |
| |||||||
| |||||||
1 | Identification Act
or for a violation of Section 11-501 of the | ||||||
2 | Illinois Vehicle Code or a
similar provision of a local | ||||||
3 | ordinance
shall not have his or her record of arrest sealed or | ||||||
4 | expunged.
| ||||||
5 | (g) A defendant placed on supervision and who during the | ||||||
6 | period of
supervision undergoes mandatory drug or alcohol | ||||||
7 | testing, or both, or is
assigned to be placed on an approved | ||||||
8 | electronic monitoring device, shall be
ordered to pay the costs | ||||||
9 | incidental to such mandatory drug or alcohol
testing, or both, | ||||||
10 | and costs incidental to such approved electronic
monitoring in | ||||||
11 | accordance with the defendant's ability to pay those costs.
The | ||||||
12 | county board with the concurrence of the Chief Judge of the | ||||||
13 | judicial
circuit in which the county is located shall establish | ||||||
14 | reasonable fees for
the cost of maintenance, testing, and | ||||||
15 | incidental expenses related to the
mandatory drug or alcohol | ||||||
16 | testing, or both, and all costs incidental to
approved | ||||||
17 | electronic monitoring, of all defendants placed on | ||||||
18 | supervision.
The concurrence of the Chief Judge shall be in the | ||||||
19 | form of an
administrative order.
The fees shall be collected by | ||||||
20 | the clerk of the circuit court. The clerk of
the circuit court | ||||||
21 | shall pay all moneys collected from these fees to the county
| ||||||
22 | treasurer who shall use the moneys collected to defray the | ||||||
23 | costs of
drug testing, alcohol testing, and electronic | ||||||
24 | monitoring.
The county treasurer shall deposit the fees | ||||||
25 | collected in the
county working cash fund under Section 6-27001 | ||||||
26 | or Section 6-29002 of the
Counties Code, as the case may be.
|
| |||||||
| |||||||
1 | (h) A disposition of supervision is a final order for the | ||||||
2 | purposes
of appeal.
| ||||||
3 | (i) The court shall impose upon a defendant placed on | ||||||
4 | supervision
after January 1, 1992 or to community service under | ||||||
5 | the supervision of a
probation or court services department | ||||||
6 | after January 1, 2004, as a condition
of supervision or | ||||||
7 | supervised community service, a fee of $50 for
each month of | ||||||
8 | supervision or supervised community service ordered by the
| ||||||
9 | court, unless after
determining the inability of the person | ||||||
10 | placed on supervision or supervised
community service to pay | ||||||
11 | the
fee, the court assesses a lesser fee. The court may not | ||||||
12 | impose the fee on a
minor who is made a ward of the State under | ||||||
13 | the Juvenile Court Act of 1987
while the minor is in placement.
| ||||||
14 | The fee shall be imposed only upon a
defendant who is actively | ||||||
15 | supervised by the
probation and court services
department. The | ||||||
16 | fee shall be collected by the clerk of the circuit court.
The | ||||||
17 | clerk of the circuit court shall pay all monies collected from | ||||||
18 | this fee
to the county treasurer for deposit in the probation | ||||||
19 | and court services
fund pursuant to Section 15.1 of the | ||||||
20 | Probation and
Probation Officers Act.
| ||||||
21 | A circuit court may not impose a probation fee in excess of | ||||||
22 | $25
per month unless: (1) the circuit court has adopted, by | ||||||
23 | administrative
order issued by the chief judge, a standard | ||||||
24 | probation fee guide
determining an offender's ability to pay, | ||||||
25 | under guidelines developed by
the Administrative
Office of the | ||||||
26 | Illinois Courts; and (2) the circuit court has authorized, by
|
| |||||||
| |||||||
1 | administrative order issued by the chief judge, the creation of | ||||||
2 | a Crime
Victim's Services Fund, to be administered by the Chief | ||||||
3 | Judge or his or
her designee, for services to crime victims and | ||||||
4 | their families. Of the
amount collected as a probation fee, not | ||||||
5 | to exceed $5 of that fee
collected per month may be used to | ||||||
6 | provide services to crime victims
and their families.
| ||||||
7 | (j) All fines and costs imposed under this Section for any
| ||||||
8 | violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
9 | Code, or a
similar provision of a local ordinance, and any | ||||||
10 | violation of the Child
Passenger Protection Act, or a similar | ||||||
11 | provision of a local ordinance, shall
be collected and | ||||||
12 | disbursed by the circuit clerk as provided under Section
27.5 | ||||||
13 | of the Clerks of Courts Act.
| ||||||
14 | (k) A defendant at least 17 years of age who is placed on | ||||||
15 | supervision
for a misdemeanor in a county of 3,000,000 or more | ||||||
16 | inhabitants
and who has not been previously convicted of a | ||||||
17 | misdemeanor or felony
may as a condition of his or her | ||||||
18 | supervision be required by the court to
attend educational | ||||||
19 | courses designed to prepare the defendant for a high school
| ||||||
20 | diploma and to work toward a high school diploma or to work | ||||||
21 | toward passing the
high school level Test of General | ||||||
22 | Educational Development (GED) or to work
toward completing a | ||||||
23 | vocational training program approved by the court. The
| ||||||
24 | defendant placed on supervision must attend a public | ||||||
25 | institution of education
to obtain the educational or | ||||||
26 | vocational training required by this subsection
(k). The |
| |||||||
| |||||||
1 | defendant placed on supervision shall be required to pay for | ||||||
2 | the cost
of the educational courses or GED test, if a fee is | ||||||
3 | charged for those courses
or test. The court shall revoke the | ||||||
4 | supervision of a person who wilfully fails
to comply with this | ||||||
5 | subsection (k). The court shall resentence the defendant
upon | ||||||
6 | revocation of supervision as provided in Section 5-6-4. This | ||||||
7 | subsection
(k) does not apply to a defendant who has a high | ||||||
8 | school diploma or has
successfully passed the GED test. This | ||||||
9 | subsection (k) does not apply to a
defendant who is determined | ||||||
10 | by the court to be developmentally disabled or
otherwise | ||||||
11 | mentally incapable of completing the
educational or vocational | ||||||
12 | program.
| ||||||
13 | (l) The court shall require a defendant placed on | ||||||
14 | supervision for
possession of a substance
prohibited by the | ||||||
15 | Cannabis Control Act, the Illinois Controlled Substances Act, | ||||||
16 | or the Methamphetamine Control and Community Protection Act
| ||||||
17 | after a previous conviction or disposition of supervision for | ||||||
18 | possession of a
substance prohibited by the Cannabis Control | ||||||
19 | Act, the Illinois Controlled
Substances Act, or the | ||||||
20 | Methamphetamine Control and Community Protection Act or a | ||||||
21 | sentence of probation under Section 10 of the Cannabis
Control | ||||||
22 | Act or Section 410 of the Illinois Controlled Substances Act
| ||||||
23 | and after a finding by the court that the person is addicted, | ||||||
24 | to undergo
treatment at a substance abuse program approved by | ||||||
25 | the court.
| ||||||
26 | (m) The Secretary of State shall require anyone placed on |
| |||||||
| |||||||
1 | court supervision
for a
violation of Section 3-707 of the | ||||||
2 | Illinois Vehicle Code or a similar provision
of a local | ||||||
3 | ordinance
to give proof of his or her financial
responsibility | ||||||
4 | as
defined in Section 7-315 of the Illinois Vehicle Code. The | ||||||
5 | proof shall be
maintained by the individual in a manner | ||||||
6 | satisfactory to the Secretary of State
for
a
minimum period of | ||||||
7 | 3 years after the date the proof is first filed.
The proof | ||||||
8 | shall be limited to a single action per arrest and may not be
| ||||||
9 | affected by any post-sentence disposition. The Secretary of | ||||||
10 | State shall
suspend the driver's license of any person
| ||||||
11 | determined by the Secretary to be in violation of this | ||||||
12 | subsection. | ||||||
13 | (n) Any offender placed on supervision for any offense that | ||||||
14 | the court or probation department has determined to be sexually | ||||||
15 | motivated as defined in the Sex Offender Management Board Act | ||||||
16 | shall be required to refrain from any contact, directly or | ||||||
17 | indirectly, with any persons specified by the court and shall | ||||||
18 | be available for all evaluations and treatment programs | ||||||
19 | required by the court or the probation department.
| ||||||
20 | (o) An offender placed on supervision for a sex offense as | ||||||
21 | defined in the Sex Offender
Management Board Act shall refrain | ||||||
22 | from residing at the same address or in the same condominium | ||||||
23 | unit or apartment unit or in the same condominium complex or | ||||||
24 | apartment complex with another person he or she knows or | ||||||
25 | reasonably should know is a convicted sex offender or has been | ||||||
26 | placed on supervision for a sex offense. The provisions of this |
| |||||||
| |||||||
1 | subsection (o) do not apply to a person convicted of a sex | ||||||
2 | offense who is placed in a Department of Corrections licensed | ||||||
3 | transitional housing facility for sex offenders. | ||||||
4 | (p) An offender placed on supervision for an offense | ||||||
5 | committed on or after June 1, 2008
( the effective date of | ||||||
6 | Public Act 95-464)
this amendatory Act of the 95th General | ||||||
7 | Assembly that would qualify the accused as a child sex offender | ||||||
8 | as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
9 | 1961 shall refrain from communicating with or contacting, by | ||||||
10 | means of the Internet, a person who is not related to the | ||||||
11 | accused and whom the accused reasonably believes to be under 18 | ||||||
12 | years of age. For purposes of this subsection (p), "Internet" | ||||||
13 | has the meaning ascribed to it in Section 16J-5 of the Criminal | ||||||
14 | Code of 1961 , as added by Public Act 94-179 ; and a person is | ||||||
15 | not related to the accused if the person is not: (i) the | ||||||
16 | spouse, brother, or sister of the accused; (ii) a descendant of | ||||||
17 | the accused; (iii) a first or second cousin of the accused; or | ||||||
18 | (iv) a step-child or adopted child of the accused.
| ||||||
19 | (q) An offender placed on supervision for an offense | ||||||
20 | committed on or after June 1, 2008
( the effective date of | ||||||
21 | Public Act 95-464)
this amendatory Act of the 95th General | ||||||
22 | Assembly that would qualify the accused as a child sex offender | ||||||
23 | as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
24 | 1961 shall, if so ordered by the court, refrain from | ||||||
25 | communicating with or contacting, by means of the Internet, a | ||||||
26 | person who is related to the accused and whom the accused |
| |||||||
| |||||||
1 | reasonably believes to be under 18 years of age. For purposes | ||||||
2 | of this subsection (q), "Internet" has the meaning ascribed to | ||||||
3 | it in Section 16J-5 of the Criminal Code of 1961 , as added by | ||||||
4 | Public Act 94-179 ; and a person is related to the accused if | ||||||
5 | the person is: (i) the spouse, brother, or sister of the | ||||||
6 | accused; (ii) a descendant of the accused; (iii) a first or | ||||||
7 | second cousin of the accused; or (iv) a step-child or adopted | ||||||
8 | child of the accused.
| ||||||
9 | (r) An offender placed on supervision for an offense under | ||||||
10 | Section 11-6, 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of | ||||||
11 | the Criminal Code of 1961, or any attempt to commit any of | ||||||
12 | these offenses, committed on or after the effective date of | ||||||
13 | this amendatory Act of the 95th General Assembly shall: | ||||||
14 | (i) not access or use a computer or any other device | ||||||
15 | with Internet capability without the prior written | ||||||
16 | approval of the court, except in connection with the | ||||||
17 | offender's employment or search for employment with the | ||||||
18 | prior approval of the court; | ||||||
19 | (ii) submit to periodic unannounced examinations of | ||||||
20 | the offender's computer or any other device with Internet | ||||||
21 | capability by the offender's probation officer, a law | ||||||
22 | enforcement officer, or assigned computer or information | ||||||
23 | technology specialist, including the retrieval and copying | ||||||
24 | of all data from the computer or device and any internal or | ||||||
25 | external peripherals and removal of such information, | ||||||
26 | equipment, or device to conduct a more thorough inspection; |
| |||||||
| |||||||
1 | (iii) submit to the installation on the offender's | ||||||
2 | computer or device with Internet capability, at the | ||||||
3 | offender's expense, of one or more hardware or software | ||||||
4 | systems to monitor the Internet use; and | ||||||
5 | (iv) submit to any other appropriate restrictions | ||||||
6 | concerning the offender's use of or access to a computer or | ||||||
7 | any other device with Internet capability imposed by the | ||||||
8 | court. | ||||||
9 | (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; | ||||||
10 | 94-556, eff. 9-11-05; 95-211, eff. 1-1-08; 95-331, eff. | ||||||
11 | 8-21-07; 95-464, eff. 6-1-08; 95-696, eff. 6-1-08; revised | ||||||
12 | 11-19-07.)"; and
| ||||||
13 | on page 14, line 5, by replacing "94-715, eff. 12-13-05.)" with | ||||||
14 | the following: | ||||||
15 | "94-715, eff. 12-13-05.) | ||||||
16 | Section 99. Effective date. Sections 1, 5, 10, 15, 20, and | ||||||
17 | this Section take effect upon becoming law.".
|