Rep. John D'Amico

Filed: 4/18/2007

 

 


 

 


 
09500HB2749ham002 LRB095 00989 RLC 35137 a

1
AMENDMENT TO HOUSE BILL 2749

2     AMENDMENT NO. ______. Amend House Bill 2749 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Unified Code of Corrections is amended by
5 changing Section 5-8A-2 as follows:
 
6     (730 ILCS 5/5-8A-2)  (from Ch. 38, par. 1005-8A-2)
7     Sec. 5-8A-2. Definitions. As used in this Article:
8     (A) "Approved electronic monitoring device" means a device
9 approved by the supervising authority which is primarily
10 intended to record or transmit information as to the
11 defendant's presence or nonpresence in the home.
12     An approved electronic monitoring device may record or
13 transmit: oral or wire communications or an auditory sound;
14 visual images; or information regarding the offender's
15 activities while inside the offender's home. These devices are
16 subject to the required consent as set forth in Section 5-8A-5

 

 

09500HB2749ham002 - 2 - LRB095 00989 RLC 35137 a

1 of this Article.
2     An approved electronic monitoring device may be used to
3 record a conversation between the participant and the
4 monitoring device, or the participant and the person
5 supervising the participant solely for the purpose of
6 identification and not for the purpose of eavesdropping or
7 conducting any other illegally intrusive monitoring.
8     (B) "Excluded offenses" means first degree murder, escape,
9 predatory criminal sexual assault of a child, aggravated
10 criminal sexual assault, criminal sexual assault, aggravated
11 battery with a firearm, bringing or possessing a firearm,
12 ammunition or explosive in a penal institution, any "Super-X"
13 drug offense or calculated criminal drug conspiracy or
14 streetgang criminal drug conspiracy, or any predecessor or
15 successor offenses with the same or substantially the same
16 elements, or any inchoate offenses relating to the foregoing
17 offenses.
18     (C) "Home detention" means the confinement of a person
19 convicted or charged with an offense to his or her place of
20 residence under the terms and conditions established by the
21 supervising authority.
22     (D) "Participant" means an inmate or offender placed into
23 an electronic monitoring program.
24     (E) "Supervising authority" means the Department of
25 Corrections, probation supervisory authority, sheriff,
26 superintendent of municipal house of corrections or any other

 

 

09500HB2749ham002 - 3 - LRB095 00989 RLC 35137 a

1 officer or agency charged with authorizing and supervising home
2 detention. In counties of over 3,000,000 inhabitants, for the
3 purpose of determining eligibility of a person to be placed in
4 an electronic home detention program, the "supervising
5 authority" shall be the judge and not the sheriff.
6     (F) "Super-X drug offense" means a violation of Section
7 401(a)(1)(B), (C), or (D); Section 401(a)(2)(B), (C), or (D);
8 Section 401(a)(3)(B), (C), or (D); or Section 401(a)(7)(B),
9 (C), or (D) of the Illinois Controlled Substances Act.
10 (Source: P.A. 88-311; 89-428, eff. 12-13-95; 89-462, eff.
11 5-29-96; 89-498, eff. 6-27-96.)".