SB2349 Enrolled LRB095 19641 RLC 45985 b

1     AN ACT concerning criminal law, which may be referred to as
2 the Child Protection Act of 2008.
 
3     Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
 
5     Section 1. Short title. This Act may be cited as the
6 Illinois Child Online Exploitation Reporting Act.
 
7     Section 5. Definitions. As used in this Act unless the
8 context otherwise requires:
9     "Electronic communications service" means any service
10 which provides to users thereof the ability to send or receive
11 wire or electronic communications.
12     "Remote computing service" means the provision to the
13 public of computer storage or processing services by means of
14 an electronic communications system.
 
15     Section 10. Registration. Any entity, subject to the
16 reporting requirements of 42 U.S.C. 13032, while engaged in
17 providing an electronic communications service or a remote
18 computing service to the public, must provide the following
19 information to the Cyber Tipline at the National Center for
20 Missing and Exploited Children in order to facilitate the
21 required reporting of child pornography crimes, pursuant to 42
22 U.S.C. 13032:

 

 

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1     (a) the agent's name, phone number, and email address; and
2     (b) the name of the agent's employer.
 
3     Section 15. Scope. This Act is applicable to electronic
4 communications services and remote computing services
5 incorporated or organized under the laws of this State or
6 maintaining property or assets in this State.
 
7     Section 20. Penalties. A provider of electronic
8 communications services or remote computing services who
9 violates this Act by failing to register under Section 10 is
10 subject to a civil penalty in an amount not to exceed $500 for
11 each day that the violation continues. The Attorney General may
12 bring an action in the name of the People of the State of
13 Illinois to enforce the provisions of this Act.
 
14     Section 105. The Criminal Code of 1961 is amended by
15 changing Sections 11-9.4, 11-20.2, 11-21, 11-23, and 11-24 and
16 by adding Sections 10-8.1 and 11-6.6 as follows:
 
17     (720 ILCS 5/10-8.1 new)
18     Sec. 10-8.1. Unlawful sending of a public conveyance travel
19 ticket to a minor.
20     (a) In this Section, "public conveyance" has the meaning
21 ascribed to it in Section 10-8 of this Code.
22     (b) A person commits the offense of unlawful sending of a

 

 

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1 public conveyance travel ticket to a minor when the person
2 without the consent of the minor's parent or guardian:
3         (1) knowingly sends, causes to be sent, or purchases a
4     public conveyance travel ticket to any location for a
5     person known by the offender to be an unemancipated minor
6     under 17 years of age or a person he or she believes to be a
7     minor under 17 years of age, other than for a lawful
8     purpose under Illinois law; or
9         (2) knowingly arranges for travel to any location on
10     any public conveyance for a person known by the offender to
11     be an unemancipated minor under 17 years of age or a person
12     he or she believes to be a minor under 17 years of age,
13     other than for a lawful purpose under Illinois law.
14     (b-5) Telecommunications carriers, commercial mobile
15 service providers, and providers of information services,
16 including, but not limited to, Internet service providers and
17 hosting service providers, are not liable under this Section,
18 except 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     (c) Sentence. Unlawful sending of a public conveyance
25 travel ticket to a minor is a Class A misdemeanor. A person who
26 commits unlawful sending of a public conveyance travel ticket

 

 

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1 to a minor who believes that he or she is at least 5 years older
2 than the minor is guilty of a Class 4 felony.
 
3     (720 ILCS 5/11-6.6 new)
4     Sec. 11-6.6. Solicitation to meet a child.
5     (a) A person of the age of 18 or more years commits the
6 offense of solicitation to meet a child if the person while
7 using a computer, cellular telephone, or any other device, with
8 the intent to meet a child or one whom he or she believes to be
9 a child, solicits, entices, induces, or arranges with the child
10 to meet at a location without the knowledge of the child's
11 parent or guardian and the meeting with the child is arranged
12 for a purpose other than a lawful purpose under Illinois law.
13     (b) Sentence. Solicitation to meet a child is a Class A
14 misdemeanor. Solicitation to meet a child is a Class 4 felony
15 when the solicitor believes he or she is 5 or more years older
16 than the child.
17     (c) For purposes of this Section, "child" means any person
18 under 17 years of age; and "computer" has the meaning ascribed
19 to it in Section 16D-2 of this Code.
 
20     (720 ILCS 5/11-9.4)
21     (Text of Section after amendment by P.A. 95-640)
22     Sec. 11-9.4. Approaching, contacting, residing, or
23 communicating with a child within certain places by child sex
24 offenders prohibited.

 

 

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1     (a) It is unlawful for a child sex offender to knowingly be
2 present in any public park building or on real property
3 comprising any public park when persons under the age of 18 are
4 present in the building or on the grounds and to approach,
5 contact, or communicate with a child under 18 years of age,
6 unless the offender is a parent or guardian of a person under
7 18 years of age present in the building or on the grounds.
8     (b) It is unlawful for a child sex offender to knowingly
9 loiter on a public way within 500 feet of a public park
10 building or real property comprising any public park while
11 persons under the age of 18 are present in the building or on
12 the grounds and to approach, contact, or communicate with a
13 child under 18 years of age, unless the offender is a parent or
14 guardian of a person under 18 years of age present in the
15 building or on the grounds.
16     (b-5) It is unlawful for a child sex offender to knowingly
17 reside within 500 feet of a playground, child care institution,
18 day care center, part day child care facility, or a facility
19 providing programs or services exclusively directed toward
20 persons under 18 years of age. Nothing in this subsection (b-5)
21 prohibits a child sex offender from residing within 500 feet of
22 a playground or a facility providing programs or services
23 exclusively directed toward persons under 18 years of age if
24 the property is owned by the child sex offender and was
25 purchased before the effective date of this amendatory Act of
26 the 91st General Assembly. Nothing in this subsection (b-5)

 

 

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1 prohibits a child sex offender from residing within 500 feet of
2 a child care institution, day care center, or part day child
3 care facility if the property is owned by the child sex
4 offender and was purchased before the effective date of this
5 amendatory Act of the 94th General Assembly.
6     (b-6) It is unlawful for a child sex offender to knowingly
7 reside within 500 feet of the victim of the sex offense.
8 Nothing in this subsection (b-6) prohibits a child sex offender
9 from residing within 500 feet of the victim if the property in
10 which the child sex offender resides is owned by the child sex
11 offender and was purchased before the effective date of this
12 amendatory Act of the 92nd General Assembly.
13     This subsection (b-6) does not apply if the victim of the
14 sex offense is 21 years of age or older.
15     (b-7) It is unlawful for a child sex offender to knowingly
16 communicate, other than for a lawful purpose under Illinois
17 law, using the Internet or any other digital media, with a
18 person under 18 years of age or with a person whom he or she
19 believes to be a person under 18 years of age, unless the
20 offender is a parent or guardian of the person under 18 years
21 of age.
22     (c) It is unlawful for a child sex offender to knowingly
23 operate, manage, be employed by, volunteer at, be associated
24 with, or knowingly be present at any: (i) facility providing
25 programs or services exclusively directed towards persons
26 under the age of 18; (ii) day care center; (iii) part day child

 

 

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1 care facility; (iv) child care institution, or (v) school
2 providing before and after school programs for children under
3 18 years of age. This does not prohibit a child sex offender
4 from owning the real property upon which the programs or
5 services are offered or upon which the day care center, part
6 day child care facility, child care institution, or school
7 providing before and after school programs for children under
8 18 years of age is located, provided the child sex offender
9 refrains from being present on the premises for the hours
10 during which: (1) the programs or services are being offered or
11 (2) the day care center, part day child care facility, child
12 care institution, or school providing before and after school
13 programs for children under 18 years of age is operated.
14     (c-5) It is unlawful for a child sex offender to knowingly
15 operate, manage, be employed by, or be associated with any
16 county fair when persons under the age of 18 are present.
17     (d) Definitions. In this Section:
18         (1) "Child sex offender" means any person who:
19             (i) has been charged under Illinois law, or any
20         substantially similar federal law or law of another
21         state, with a sex offense set forth in paragraph (2) of
22         this subsection (d) or the attempt to commit an
23         included sex offense, and:
24                 (A) is convicted of such offense or an attempt
25             to commit such offense; or
26                 (B) is found not guilty by reason of insanity

 

 

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1             of such offense or an attempt to commit such
2             offense; or
3                 (C) is found not guilty by reason of insanity
4             pursuant to subsection (c) of Section 104-25 of the
5             Code of Criminal Procedure of 1963 of such offense
6             or an attempt to commit such offense; or
7                 (D) is the subject of a finding not resulting
8             in an acquittal at a hearing conducted pursuant to
9             subsection (a) of Section 104-25 of the Code of
10             Criminal Procedure of 1963 for the alleged
11             commission or attempted commission of such
12             offense; or
13                 (E) is found not guilty by reason of insanity
14             following a hearing conducted pursuant to a
15             federal law or the law of another state
16             substantially similar to subsection (c) of Section
17             104-25 of the Code of Criminal Procedure of 1963 of
18             such offense or of the attempted commission of such
19             offense; or
20                 (F) is the subject of a finding not resulting
21             in an acquittal at a hearing conducted pursuant to
22             a federal law or the law of another state
23             substantially similar to subsection (a) of Section
24             104-25 of the Code of Criminal Procedure of 1963
25             for the alleged violation or attempted commission
26             of such offense; or

 

 

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1             (ii) is certified as a sexually dangerous person
2         pursuant to the Illinois Sexually Dangerous Persons
3         Act, or any substantially similar federal law or the
4         law of another state, when any conduct giving rise to
5         such certification is committed or attempted against a
6         person less than 18 years of age; or
7             (iii) is subject to the provisions of Section 2 of
8         the Interstate Agreements on Sexually Dangerous
9         Persons Act.
10         Convictions that result from or are connected with the
11     same act, or result from offenses committed at the same
12     time, shall be counted for the purpose of this Section as
13     one conviction. Any conviction set aside pursuant to law is
14     not a conviction for purposes of this Section.
15         (2) Except as otherwise provided in paragraph (2.5),
16     "sex offense" means:
17             (i) A violation of any of the following Sections of
18         the Criminal Code of 1961: 10-7 (aiding and abetting
19         child abduction under Section 10-5(b)(10)),
20         10-5(b)(10) (child luring), 11-6 (indecent
21         solicitation of a child), 11-6.5 (indecent
22         solicitation of an adult), 11-9 (public indecency when
23         committed in a school, on the real property comprising
24         a school, on a conveyance owned, leased, or contracted
25         by a school to transport students to or from school or
26         a school related activity, or in a public park), 11-9.1

 

 

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1         (sexual exploitation of a child), 11-15.1 (soliciting
2         for a juvenile prostitute), 11-17.1 (keeping a place of
3         juvenile prostitution), 11-18.1 (patronizing a
4         juvenile prostitute), 11-19.1 (juvenile pimping),
5         11-19.2 (exploitation of a child), 11-20.1 (child
6         pornography), 11-20.3 (aggravated child pornography),
7         11-21 (harmful material), 12-14.1 (predatory criminal
8         sexual assault of a child), 12-33 (ritualized abuse of
9         a child), 11-20 (obscenity) (when that offense was
10         committed in any school, on real property comprising
11         any school, on any conveyance owned, leased, or
12         contracted by a school to transport students to or from
13         school or a school related activity, or in a public
14         park). An attempt to commit any of these offenses.
15             (ii) A violation of any of the following Sections
16         of the Criminal Code of 1961, when the victim is a
17         person under 18 years of age: 12-13 (criminal sexual
18         assault), 12-14 (aggravated criminal sexual assault),
19         12-15 (criminal sexual abuse), 12-16 (aggravated
20         criminal sexual abuse). An attempt to commit any of
21         these offenses.
22             (iii) A violation of any of the following Sections
23         of the Criminal Code of 1961, when the victim is a
24         person under 18 years of age and the defendant is not a
25         parent of the victim:
26             10-1 (kidnapping),

 

 

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1             10-2 (aggravated kidnapping),
2             10-3 (unlawful restraint),
3             10-3.1 (aggravated unlawful restraint).
4             An attempt to commit any of these offenses.
5             (iv) A violation of any former law of this State
6         substantially equivalent to any offense listed in
7         clause (2)(i) of this subsection (d).
8         (2.5) For the purposes of subsection (b-5) only, a sex
9     offense means:
10             (i) A violation of any of the following Sections of
11         the Criminal Code of 1961:
12                 10-5(b)(10) (child luring), 10-7 (aiding and
13             abetting child abduction under Section
14             10-5(b)(10)), 11-6 (indecent solicitation of a
15             child), 11-6.5 (indecent solicitation of an
16             adult), 11-15.1 (soliciting for a juvenile
17             prostitute), 11-17.1 (keeping a place of juvenile
18             prostitution), 11-18.1 (patronizing a juvenile
19             prostitute), 11-19.1 (juvenile pimping), 11-19.2
20             (exploitation of a child), 11-20.1 (child
21             pornography), 11-20.3 (aggravated child
22             pornography), 12-14.1 (predatory criminal sexual
23             assault of a child), or 12-33 (ritualized abuse of
24             a child). An attempt to commit any of these
25             offenses.
26             (ii) A violation of any of the following Sections

 

 

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1         of the Criminal Code of 1961, when the victim is a
2         person under 18 years of age: 12-13 (criminal sexual
3         assault), 12-14 (aggravated criminal sexual assault),
4         12-16 (aggravated criminal sexual abuse), and
5         subsection (a) of Section 12-15 (criminal sexual
6         abuse). An attempt to commit any of these offenses.
7             (iii) A violation of any of the following Sections
8         of the Criminal Code of 1961, when the victim is a
9         person under 18 years of age and the defendant is not a
10         parent of the victim:
11             10-1 (kidnapping),
12             10-2 (aggravated kidnapping),
13             10-3 (unlawful restraint),
14             10-3.1 (aggravated unlawful restraint).
15             An attempt to commit any of these offenses.
16             (iv) A violation of any former law of this State
17         substantially equivalent to any offense listed in this
18         paragraph (2.5) of this subsection.
19         (3) A conviction for an offense of federal law or the
20     law of another state that is substantially equivalent to
21     any offense listed in paragraph (2) of this subsection (d)
22     shall constitute a conviction for the purpose of this
23     Section. A finding or adjudication as a sexually dangerous
24     person under any federal law or law of another state that
25     is substantially equivalent to the Sexually Dangerous
26     Persons Act shall constitute an adjudication for the

 

 

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1     purposes of this Section.
2         (4) "Public park" includes a park, forest preserve, or
3     conservation area under the jurisdiction of the State or a
4     unit of local government.
5         (5) "Facility providing programs or services directed
6     towards persons under the age of 18" means any facility
7     providing programs or services exclusively directed
8     towards persons under the age of 18.
9         (6) "Loiter" means:
10             (i) Standing, sitting idly, whether or not the
11         person is in a vehicle or remaining in or around public
12         park property.
13             (ii) Standing, sitting idly, whether or not the
14         person is in a vehicle or remaining in or around public
15         park property, for the purpose of committing or
16         attempting to commit a sex offense.
17         (7) "Playground" means a piece of land owned or
18     controlled by a unit of local government that is designated
19     by the unit of local government for use solely or primarily
20     for children's recreation.
21         (8) "Child care institution" has the meaning ascribed
22     to it in Section 2.06 of the Child Care Act of 1969.
23         (9) "Day care center" has the meaning ascribed to it in
24     Section 2.09 of the Child Care Act of 1969.
25         (10) "Part day child care facility" has the meaning
26     ascribed to it in Section 2.10 of the Child Care Act of

 

 

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1     1969.
2         (11) "Internet" means an interactive computer service
3     or system or an information service, system, or access
4     software provider that provides or enables computer access
5     by multiple users to a computer server, and includes, but
6     is not limited to, an information service, system, or
7     access software provider that provides access to a network
8     system commonly known as the Internet, or any comparable
9     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
12     system or other online service.
13     (e) Sentence. A person who violates this Section is guilty
14 of a Class 4 felony.
15 (Source: P.A. 94-925, eff. 6-26-06; 95-32, eff. 1-1-08; 95-640,
16 eff. 6-1-08; revised 10-30-07.)
 
17     (720 ILCS 5/11-20.2)  (from Ch. 38, par. 11-20.2)
18     Sec. 11-20.2. Duty to report child pornography.
19     (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,
22 photograph, videotape, negative, or slide, computer hard drive
23 or any other magnetic or optical media which depicts a child
24 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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1     (i) actually or by simulation engaged in any act of sexual
2 penetration or sexual conduct intercourse with any person or
3 animal; or
4     (ii) actually or by simulation engaged in any act of sexual
5 penetration or sexual conduct contact involving the sex organs
6 of the child and the mouth, anus, or sex organs of another
7 person or animal; or which involves the mouth, anus or sex
8 organs of the child and the sex organs of another person or
9 animal; or
10     (iii) actually or by simulation engaged in any act of
11 masturbation; or
12     (iv) actually or by simulation portrayed as being the
13 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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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)

 

 

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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

 

 

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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:

 

 

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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,

 

 

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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

 

 

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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

 

 

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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;

 

 

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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;

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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 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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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;

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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;

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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.

 

 

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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

 

 

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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,

 

 

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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

 

 

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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.

 

 

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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
26 set forth his reasons for imposing the particular sentence he

 

 

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1 enters in the case, as provided in Section 5-4-1 of this Code.
2 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
5 on the record that are consistent with the purposes and
6 principles of sentencing set out in this Code.
7     (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
13 sentence once it is imposed.
14     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
18 decide such motion within a reasonable time.
19     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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1 imposed together with a notice of motion, which notice of
2 motion shall set the motion on the court's calendar on a date
3 certain within a reasonable time after the date of filing.
4     (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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1     of 1961, if committed on or after January 1, 2009, 2 years;
2         (3) for a Class 3 felony or a Class 4 felony, 1 year;
3         (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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1 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.

 

 

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1 (Source: P.A. 94-165, eff. 7-11-05; 94-243, eff. 1-1-06;
2 94-715, eff. 12-13-05.)
 
3     Section 999. Effective date. Sections 1, 5, 10, 15, 20, and
4 this Section take effect upon becoming law.