96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4078

 

Introduced 2/27/2009, by Rep. Jack D. Franks

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/33-8 new
730 ILCS 5/3-3-7   from Ch. 38, par. 1003-3-7
730 ILCS 5/5-6-3   from Ch. 38, par. 1005-6-3

    Amends the Criminal Code of 1961 and the Unified Code of Corrections. Provides that a person who has been elected to any office in this State who is convicted of a felony or convicted of a misdemeanor involving a violation of his or her official oath of office shall, as a condition of his or her sentence, forfeit any monetary rights derived from any book, movie, television, radio program, or Internet depiction or detailing of the crime for which he or she was convicted. Provides that the order shall extend to the period in which the elected official is serving a sentence in a penal institution and any period of probation, parole, or mandatory supervised release.


LRB096 08471 RLC 18590 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4078 LRB096 08471 RLC 18590 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by adding
5 Section 33-8 as follows:
 
6     (720 ILCS 5/33-8 new)
7     Sec. 33-8. Elected official convicted of certain offenses;
8 forfeit profits.
9     (a) A person who has been elected to any office in this
10 State who is convicted of a felony or convicted of a
11 misdemeanor involving a violation of his or her official oath
12 of office shall, as a condition of his or her sentence, forfeit
13 any monetary rights derived from any book, movie, television,
14 radio program, or Internet depiction or detailing of the crime
15 for which he or she was convicted. The order shall extend to
16 the period in which the elected official is serving a sentence
17 in a penal institution and any period of probation, parole, or
18 mandatory supervised release.
19     (b) The Attorney General may maintain an action in the
20 circuit court of the county in which the elected official
21 resides to recover any profits or other monetary interest
22 derived from such a book, movie, television, radio, or Internet
23 depiction or detailing. If the court orders the recovery of the

 

 

HB4078 - 2 - LRB096 08471 RLC 18590 b

1 profits or monetary interest from the convicted person, the
2 moneys shall be paid into the General Revenue Fund.
3     (c) For the purposes of this Section, "elected official"
4 includes any former elected official whose term of office is
5 terminated by operation of law for conviction of an offense,
6 who is removed from office on conviction of impeachment for
7 misconduct in office, or who resigned from office prior, upon,
8 or after conviction.
 
9     Section 10. The Unified Code of Corrections is amended by
10 changing Sections 3-3-7 and 5-6-3 as follows:
 
11     (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
12     (Text of Section after amendment by P.A. 95-983)
13     Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
14 Release.
15     (a) The conditions of parole or mandatory supervised
16 release shall be such as the Prisoner Review Board deems
17 necessary to assist the subject in leading a law-abiding life.
18 The conditions of every parole and mandatory supervised release
19 are that the subject:
20         (1) not violate any criminal statute of any
21     jurisdiction during the parole or release term;
22         (2) refrain from possessing a firearm or other
23     dangerous weapon;
24         (3) report to an agent of the Department of

 

 

HB4078 - 3 - LRB096 08471 RLC 18590 b

1     Corrections;
2         (4) permit the agent to visit him or her at his or her
3     home, employment, or elsewhere to the extent necessary for
4     the agent to discharge his or her duties;
5         (5) attend or reside in a facility established for the
6     instruction or residence of persons on parole or mandatory
7     supervised release;
8         (6) secure permission before visiting or writing a
9     committed person in an Illinois Department of Corrections
10     facility;
11         (7) report all arrests to an agent of the Department of
12     Corrections as soon as permitted by the arresting authority
13     but in no event later than 24 hours after release from
14     custody;
15         (7.5) if convicted of a sex offense as defined in the
16     Sex Offender Management Board Act, the individual shall
17     undergo and successfully complete sex offender treatment
18     conducted in conformance with the standards developed by
19     the Sex Offender Management Board Act by a treatment
20     provider approved by the Board;
21         (7.6) if convicted of a sex offense as defined in the
22     Sex Offender Management Board Act, refrain from residing at
23     the same address or in the same condominium unit or
24     apartment unit or in the same condominium complex or
25     apartment complex with another person he or she knows or
26     reasonably should know is a convicted sex offender or has

 

 

HB4078 - 4 - LRB096 08471 RLC 18590 b

1     been placed on supervision for a sex offense; the
2     provisions of this paragraph do not apply to a person
3     convicted of a sex offense who is placed in a Department of
4     Corrections licensed transitional housing facility for sex
5     offenders, or is in any facility operated or licensed by
6     the Department of Children and Family Services or by the
7     Department of Human Services, or is in any licensed medical
8     facility;
9         (7.7) if convicted for an offense that would qualify
10     the accused as a sexual predator under the Sex Offender
11     Registration Act on or after the effective date of this
12     amendatory Act of the 94th General Assembly, wear an
13     approved electronic monitoring device as defined in
14     Section 5-8A-2 for the duration of the person's parole,
15     mandatory supervised release term, or extended mandatory
16     supervised release term;
17         (7.8) 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 the accused as a child
20     sex offender as defined in Section 11-9.3 or 11-9.4 of the
21     Criminal Code of 1961, refrain from communicating with or
22     contacting, by means of the Internet, a person who is not
23     related to the accused and whom the accused reasonably
24     believes to be under 18 years of age; for purposes of this
25     paragraph (7.8), "Internet" has the meaning ascribed to it
26     in Section 16J-5 of the Criminal Code of 1961; and a person

 

 

HB4078 - 5 - LRB096 08471 RLC 18590 b

1     is not related to the accused if the person is not: (i) the
2     spouse, brother, or sister of the accused; (ii) a
3     descendant of the accused; (iii) a first or second cousin
4     of the accused; or (iv) a step-child or adopted child of
5     the accused;
6         (7.9) if convicted under Section 11-6, 11-20.1,
7     11-20.3, or 11-21 of the Criminal Code of 1961, consent to
8     search of computers, PDAs, cellular phones, and other
9     devices under his or her control that are capable of
10     accessing the Internet or storing electronic files, in
11     order to confirm Internet protocol addresses reported in
12     accordance with the Sex Offender Registration Act and
13     compliance with conditions in this Act;
14         (7.10) if convicted for an offense that would qualify
15     the accused as a sex offender or sexual predator under the
16     Sex Offender Registration Act on or after the effective
17     date of this amendatory Act of the 95th General Assembly,
18     not possess prescription drugs for erectile dysfunction;
19         (7.11) if convicted for an offense under Section 11-6,
20     11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal
21     Code of 1961, or any attempt to commit any of these
22     offenses, committed on or after June 1, 2009 (the effective
23     date of Public Act 95-983) this amendatory Act of the 95th
24     General Assembly:
25             (i) not access or use a computer or any other
26         device with Internet capability without the prior

 

 

HB4078 - 6 - LRB096 08471 RLC 18590 b

1         written approval of the Department;
2             (ii) submit to periodic unannounced examinations
3         of the offender's computer or any other device with
4         Internet capability by the offender's supervising
5         agent, a law enforcement officer, or assigned computer
6         or information technology specialist, including the
7         retrieval and copying of all data from the computer or
8         device and any internal or external peripherals and
9         removal of such information, equipment, or device to
10         conduct a more thorough inspection;
11             (iii) submit to the installation on the offender's
12         computer or device with Internet capability, at the
13         offender'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 Board, the Department or the offender's
19         supervising agent;
20         (8) obtain permission of an agent of the Department of
21     Corrections before leaving the State of Illinois;
22         (9) obtain permission of an agent of the Department of
23     Corrections before changing his or her residence or
24     employment;
25         (10) consent to a search of his or her person,
26     property, or residence under his or her control;

 

 

HB4078 - 7 - LRB096 08471 RLC 18590 b

1         (11) refrain from the use or possession of narcotics or
2     other controlled substances in any form, or both, or any
3     paraphernalia related to those substances and submit to a
4     urinalysis test as instructed by a parole agent of the
5     Department of Corrections;
6         (12) not frequent places where controlled substances
7     are illegally sold, used, distributed, or administered;
8         (13) not knowingly associate with other persons on
9     parole or mandatory supervised release without prior
10     written permission of his or her parole agent and not
11     associate with persons who are members of an organized gang
12     as that term is defined in the Illinois Streetgang
13     Terrorism Omnibus Prevention Act;
14         (14) provide true and accurate information, as it
15     relates to his or her adjustment in the community while on
16     parole or mandatory supervised release or to his or her
17     conduct while incarcerated, in response to inquiries by his
18     or her parole agent or of the Department of Corrections;
19         (15) follow any specific instructions provided by the
20     parole agent that are consistent with furthering
21     conditions set and approved by the Prisoner Review Board or
22     by law, exclusive of placement on electronic detention, to
23     achieve the goals and objectives of his or her parole or
24     mandatory supervised release or to protect the public.
25     These instructions by the parole agent may be modified at
26     any time, as the agent deems appropriate;

 

 

HB4078 - 8 - LRB096 08471 RLC 18590 b

1         (16) if convicted of a sex offense as defined in
2     subsection (a-5) of Section 3-1-2 of this Code, unless the
3     offender is a parent or guardian of the person under 18
4     years of age present in the home and no non-familial minors
5     are present, not participate in a holiday event involving
6     children under 18 years of age, such as distributing candy
7     or other items to children on Halloween, wearing a Santa
8     Claus costume on or preceding Christmas, being employed as
9     a department store Santa Claus, or wearing an Easter Bunny
10     costume on or preceding Easter; and
11         (17) if convicted of a violation of an order of
12     protection under Section 12-30 of the Criminal Code of
13     1961, be placed under electronic surveillance as provided
14     in Section 5-8A-7 of this Code; and .
15         (18) if an elected official convicted of a felony or
16     convicted of a misdemeanor involving a violation of his or
17     her official oath of office, comply with the provisions of
18     Section 33-8 of the Criminal Code of 1961.
19     (b) The Board may in addition to other conditions require
20 that the subject:
21         (1) work or pursue a course of study or vocational
22     training;
23         (2) undergo medical or psychiatric treatment, or
24     treatment for drug addiction or alcoholism;
25         (3) attend or reside in a facility established for the
26     instruction or residence of persons on probation or parole;

 

 

HB4078 - 9 - LRB096 08471 RLC 18590 b

1         (4) support his dependents;
2         (5) (blank);
3         (6) (blank);
4         (7) comply with the terms and conditions of an order of
5     protection issued pursuant to the Illinois Domestic
6     Violence Act of 1986, enacted by the 84th General Assembly,
7     or an order of protection issued by the court of another
8     state, tribe, or United States territory;
9         (7.5) if convicted for an offense committed on or after
10     the effective date of this amendatory Act of the 95th
11     General Assembly that would qualify the accused as a child
12     sex offender as defined in Section 11-9.3 or 11-9.4 of the
13     Criminal Code of 1961, refrain from communicating with or
14     contacting, by means of the Internet, a person who is
15     related to the accused and whom the accused reasonably
16     believes to be under 18 years of age; for purposes of this
17     paragraph (7.5), "Internet" has the meaning ascribed to it
18     in Section 16J-5 of the Criminal Code of 1961; and a person
19     is related to the accused if the person is: (i) the spouse,
20     brother, or sister of the accused; (ii) a descendant of the
21     accused; (iii) a first or second cousin of the accused; or
22     (iv) a step-child or adopted child of the accused;
23         (7.6) if convicted for an offense committed on or after
24     June 1, 2009 (the effective date of Public Act 95-983) this
25     amendatory Act of the 95th General Assembly that would
26     qualify as a sex offense as defined in the Sex Offender

 

 

HB4078 - 10 - LRB096 08471 RLC 18590 b

1     Registration Act:
2             (i) not access or use a computer or any other
3         device with Internet capability without the prior
4         written approval of the Department;
5             (ii) submit to periodic unannounced examinations
6         of the offender's computer or any other device with
7         Internet capability by the offender's supervising
8         agent, a law enforcement officer, or assigned computer
9         or information technology specialist, including the
10         retrieval and copying of all data from the computer or
11         device and any internal or external peripherals and
12         removal of such information, equipment, or device to
13         conduct a more thorough inspection;
14             (iii) submit to the installation on the offender's
15         computer or device with Internet capability, at the
16         offender's expense, of one or more hardware or software
17         systems to monitor the Internet use; and
18             (iv) submit to any other appropriate restrictions
19         concerning the offender's use of or access to a
20         computer or any other device with Internet capability
21         imposed by the Board, the Department or the offender's
22         supervising agent; and
23         (8) in addition, if a minor:
24             (i) reside with his parents or in a foster home;
25             (ii) attend school;
26             (iii) attend a non-residential program for youth;

 

 

HB4078 - 11 - LRB096 08471 RLC 18590 b

1         or
2             (iv) contribute to his own support at home or in a
3         foster home.
4     (b-1) In addition to the conditions set forth in
5 subsections (a) and (b), persons required to register as sex
6 offenders pursuant to the Sex Offender Registration Act, upon
7 release from the custody of the Illinois Department of
8 Corrections, may be required by the Board to comply with the
9 following specific conditions of release:
10         (1) reside only at a Department approved location;
11         (2) comply with all requirements of the Sex Offender
12     Registration Act;
13         (3) notify third parties of the risks that may be
14     occasioned by his or her criminal record;
15         (4) obtain the approval of an agent of the Department
16     of Corrections prior to accepting employment or pursuing a
17     course of study or vocational training and notify the
18     Department prior to any change in employment, study, or
19     training;
20         (5) not be employed or participate in any volunteer
21     activity that involves contact with children, except under
22     circumstances approved in advance and in writing by an
23     agent of the Department of Corrections;
24         (6) be electronically monitored for a minimum of 12
25     months from the date of release as determined by the Board;
26         (7) refrain from entering into a designated geographic

 

 

HB4078 - 12 - LRB096 08471 RLC 18590 b

1     area except upon terms approved in advance by an agent of
2     the Department of Corrections. The terms may include
3     consideration of the purpose of the entry, the time of day,
4     and others accompanying the person;
5         (8) refrain from having any contact, including written
6     or oral communications, directly or indirectly, personally
7     or by telephone, letter, or through a third party with
8     certain specified persons including, but not limited to,
9     the victim or the victim's family without the prior written
10     approval of an agent of the Department of Corrections;
11         (9) refrain from all contact, directly or indirectly,
12     personally, by telephone, letter, or through a third party,
13     with minor children without prior identification and
14     approval of an agent of the Department of Corrections;
15         (10) neither possess or have under his or her control
16     any material that is sexually oriented, sexually
17     stimulating, or that shows male or female sex organs or any
18     pictures depicting children under 18 years of age nude or
19     any written or audio material describing sexual
20     intercourse or that depicts or alludes to sexual activity,
21     including but not limited to visual, auditory, telephonic,
22     or electronic media, or any matter obtained through access
23     to any computer or material linked to computer access use;
24         (11) not patronize any business providing sexually
25     stimulating or sexually oriented entertainment nor utilize
26     "900" or adult telephone numbers;

 

 

HB4078 - 13 - LRB096 08471 RLC 18590 b

1         (12) not reside near, visit, or be in or about parks,
2     schools, day care centers, swimming pools, beaches,
3     theaters, or any other places where minor children
4     congregate without advance approval of an agent of the
5     Department of Corrections and immediately report any
6     incidental contact with minor children to the Department;
7         (13) not possess or have under his or her control
8     certain specified items of contraband related to the
9     incidence of sexually offending as determined by an agent
10     of the Department of Corrections;
11         (14) may be required to provide a written daily log of
12     activities if directed by an agent of the Department of
13     Corrections;
14         (15) comply with all other special conditions that the
15     Department may impose that restrict the person from
16     high-risk situations and limit access to potential
17     victims;
18         (16) take an annual polygraph exam;
19         (17) maintain a log of his or her travel; or
20         (18) obtain prior approval of his or her parole officer
21     before driving alone in a motor vehicle.
22     (c) The conditions under which the parole or mandatory
23 supervised release is to be served shall be communicated to the
24 person in writing prior to his release, and he shall sign the
25 same before release. A signed copy of these conditions,
26 including a copy of an order of protection where one had been

 

 

HB4078 - 14 - LRB096 08471 RLC 18590 b

1 issued by the criminal court, shall be retained by the person
2 and another copy forwarded to the officer in charge of his
3 supervision.
4     (d) After a hearing under Section 3-3-9, the Prisoner
5 Review Board may modify or enlarge the conditions of parole or
6 mandatory supervised release.
7     (e) The Department shall inform all offenders committed to
8 the Department of the optional services available to them upon
9 release and shall assist inmates in availing themselves of such
10 optional services upon their release on a voluntary basis.
11     (f) When the subject is in compliance with all conditions
12 of his or her parole or mandatory supervised release, the
13 subject shall receive a reduction of the period of his or her
14 parole or mandatory supervised release of 90 days upon passage
15 of the high school level Test of General Educational
16 Development during the period of his or her parole or mandatory
17 supervised release. This reduction in the period of a subject's
18 term of parole or mandatory supervised release shall be
19 available only to subjects who have not previously earned a
20 high school diploma or who have not previously passed the high
21 school level Test of General Educational Development.
22 (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05;
23 94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08;
24 95-579, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09;
25 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; revised 10-20-08.)
 

 

 

HB4078 - 15 - LRB096 08471 RLC 18590 b

1     (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
2     (Text of Section after amendment by P.A. 95-983)
3     Sec. 5-6-3. Conditions of Probation and of Conditional
4 Discharge.
5     (a) The conditions of probation and of conditional
6 discharge shall be that the person:
7         (1) not violate any criminal statute of any
8     jurisdiction;
9         (2) report to or appear in person before such person or
10     agency as directed by the court;
11         (3) refrain from possessing a firearm or other
12     dangerous weapon;
13         (4) not leave the State without the consent of the
14     court or, in circumstances in which the reason for the
15     absence is of such an emergency nature that prior consent
16     by the court is not possible, without the prior
17     notification and approval of the person's probation
18     officer. Transfer of a person's probation or conditional
19     discharge supervision to another state is subject to
20     acceptance by the other state pursuant to the Interstate
21     Compact for Adult Offender Supervision;
22         (5) permit the probation officer to visit him at his
23     home or elsewhere to the extent necessary to discharge his
24     duties;
25         (6) perform no less than 30 hours of community service
26     and not more than 120 hours of community service, if

 

 

HB4078 - 16 - LRB096 08471 RLC 18590 b

1     community service is available in the jurisdiction and is
2     funded and approved by the county board where the offense
3     was committed, where the offense was related to or in
4     furtherance of the criminal activities of an organized gang
5     and was motivated by the offender's membership in or
6     allegiance to an organized gang. The community service
7     shall include, but not be limited to, the cleanup and
8     repair of any damage caused by a violation of Section
9     21-1.3 of the Criminal Code of 1961 and similar damage to
10     property located within the municipality or county in which
11     the violation occurred. When possible and reasonable, the
12     community service should be performed in the offender's
13     neighborhood. For purposes of this Section, "organized
14     gang" has the meaning ascribed to it in Section 10 of the
15     Illinois Streetgang Terrorism Omnibus Prevention Act;
16         (7) if he or she is at least 17 years of age and has
17     been sentenced to probation or conditional discharge for a
18     misdemeanor or felony in a county of 3,000,000 or more
19     inhabitants and has not been previously convicted of a
20     misdemeanor or felony, may be required by the sentencing
21     court to attend educational courses designed to prepare the
22     defendant for a high school diploma and to work toward a
23     high school diploma or to work toward passing the high
24     school level Test of General Educational Development (GED)
25     or to work toward completing a vocational training program
26     approved by the court. The person on probation or

 

 

HB4078 - 17 - LRB096 08471 RLC 18590 b

1     conditional discharge must attend a public institution of
2     education to obtain the educational or vocational training
3     required by this clause (7). The court shall revoke the
4     probation or conditional discharge of a person who wilfully
5     fails to comply with this clause (7). The person on
6     probation or conditional discharge shall be required to pay
7     for the cost of the educational courses or GED test, if a
8     fee is charged for those courses or test. The court shall
9     resentence the offender whose probation or conditional
10     discharge has been revoked as provided in Section 5-6-4.
11     This clause (7) does not apply to a person who has a high
12     school diploma or has successfully passed the GED test.
13     This clause (7) does not apply to a person who is
14     determined by the court to be developmentally disabled or
15     otherwise mentally incapable of completing the educational
16     or vocational program;
17         (8) if convicted of possession of a substance
18     prohibited by the Cannabis Control Act, the Illinois
19     Controlled Substances Act, or the Methamphetamine Control
20     and Community Protection Act after a previous conviction or
21     disposition of supervision for possession of a substance
22     prohibited by the Cannabis Control Act or Illinois
23     Controlled Substances Act or after a sentence of probation
24     under Section 10 of the Cannabis Control Act, Section 410
25     of the Illinois Controlled Substances Act, or Section 70 of
26     the Methamphetamine Control and Community Protection Act

 

 

HB4078 - 18 - LRB096 08471 RLC 18590 b

1     and upon a finding by the court that the person is
2     addicted, undergo treatment at a substance abuse program
3     approved by the court;
4         (8.5) if convicted of a felony sex offense as defined
5     in the Sex Offender Management Board Act, the person shall
6     undergo and successfully complete sex offender treatment
7     by a treatment provider approved by the Board and conducted
8     in conformance with the standards developed under the Sex
9     Offender Management Board Act;
10         (8.6) if convicted of a sex offense as defined in the
11     Sex Offender Management Board Act, refrain from residing at
12     the same address or in the same condominium unit or
13     apartment unit or in the same condominium complex or
14     apartment complex with another person he or she knows or
15     reasonably should know is a convicted sex offender or has
16     been placed on supervision for a sex offense; the
17     provisions of this paragraph do not apply to a person
18     convicted of a sex offense who is placed in a Department of
19     Corrections licensed transitional housing facility for sex
20     offenders;
21         (8.7) if convicted for an offense committed on or after
22     June 1, 2008 (the effective date of Public Act 95-464) this
23     amendatory Act of the 95th General Assembly that would
24     qualify the accused as a child sex offender as defined in
25     Section 11-9.3 or 11-9.4 of the Criminal Code of 1961,
26     refrain from communicating with or contacting, by means of

 

 

HB4078 - 19 - LRB096 08471 RLC 18590 b

1     the Internet, a person who is not related to the accused
2     and whom the accused reasonably believes to be under 18
3     years of age; for purposes of this paragraph (8.7),
4     "Internet" has the meaning ascribed to it in Section 16J-5
5     of the Criminal Code of 1961; and a person is not related
6     to the accused if the person is not: (i) the spouse,
7     brother, or sister of the accused; (ii) a descendant of the
8     accused; (iii) a first or second cousin of the accused; or
9     (iv) a step-child or adopted child of the accused;
10         (8.8) if convicted for an offense under Section 11-6,
11     11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal
12     Code of 1961, or any attempt to commit any of these
13     offenses, committed on or after June 1, 2009 (the effective
14     date of Public Act 95-983) this amendatory Act of the 95th
15     General Assembly:
16             (i) not access or use a computer or any other
17         device with Internet capability without the prior
18         written approval of the offender's probation officer,
19         except in connection with the offender's employment or
20         search for employment with the prior approval of the
21         offender's probation officer;
22             (ii) submit to periodic unannounced examinations
23         of the offender's computer or any other device with
24         Internet capability by the offender's probation
25         officer, a law enforcement officer, or assigned
26         computer or information technology specialist,

 

 

HB4078 - 20 - LRB096 08471 RLC 18590 b

1         including the retrieval and copying of all data from
2         the computer or device and any internal or external
3         peripherals and removal of such information,
4         equipment, or device to conduct a more thorough
5         inspection;
6             (iii) submit to the installation on the offender's
7         computer or device with Internet capability, at the
8         offender's expense, of one or more hardware or software
9         systems to monitor the Internet use; and
10             (iv) submit to any other appropriate restrictions
11         concerning the offender's use of or access to a
12         computer or any other device with Internet capability
13         imposed by the offender's probation officer;
14         (9) if convicted of a felony, physically surrender at a
15     time and place designated by the court, his or her Firearm
16     Owner's Identification Card and any and all firearms in his
17     or her possession; and
18         (10) if convicted of a sex offense as defined in
19     subsection (a-5) of Section 3-1-2 of this Code, unless the
20     offender is a parent or guardian of the person under 18
21     years of age present in the home and no non-familial minors
22     are present, not participate in a holiday event involving
23     children under 18 years of age, such as distributing candy
24     or other items to children on Halloween, wearing a Santa
25     Claus costume on or preceding Christmas, being employed as
26     a department store Santa Claus, or wearing an Easter Bunny

 

 

HB4078 - 21 - LRB096 08471 RLC 18590 b

1     costume on or preceding Easter; and .
2         (11) if an elected official convicted of a felony or
3     convicted of a misdemeanor involving a violation of his or
4     her official oath of office, comply with the provisions of
5     Section 33-8 of the Criminal Code of 1961.
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

 

 

HB4078 - 22 - LRB096 08471 RLC 18590 b

1         foster home;
2             (v) with the consent of the superintendent of the
3         facility, attend an educational program at a facility
4         other than the school in which the offense was
5         committed if he or she is convicted of a crime of
6         violence as defined in Section 2 of the Crime Victims
7         Compensation Act committed in a school, on the real
8         property comprising a school, or within 1,000 feet of
9         the real property comprising a school;
10         (8) make restitution as provided in Section 5-5-6 of
11     this Code;
12         (9) perform some reasonable public or community
13     service;
14         (10) serve a term of home confinement. In addition to
15     any other applicable condition of probation or conditional
16     discharge, the conditions of home confinement shall be that
17     the offender:
18             (i) remain within the interior premises of the
19         place designated for his confinement during the hours
20         designated by the court;
21             (ii) admit any person or agent designated by the
22         court into the offender's place of confinement at any
23         time for purposes of verifying the offender's
24         compliance with the conditions of his confinement; and
25             (iii) if further deemed necessary by the court or
26         the Probation or Court Services Department, be placed

 

 

HB4078 - 23 - LRB096 08471 RLC 18590 b

1         on an approved electronic monitoring device, subject
2         to Article 8A of Chapter V;
3             (iv) for persons convicted of any alcohol,
4         cannabis or controlled substance violation who are
5         placed on an approved monitoring device as a condition
6         of probation or conditional discharge, the court shall
7         impose a reasonable fee for each day of the use of the
8         device, as established by the county board in
9         subsection (g) of this Section, unless after
10         determining the inability of the offender to pay the
11         fee, the court assesses a lesser fee or no fee as the
12         case may be. This fee shall be imposed in addition to
13         the fees imposed under subsections (g) and (i) of this
14         Section. The fee shall be collected by the clerk of the
15         circuit court. The clerk of the circuit court shall pay
16         all monies collected from this fee to the county
17         treasurer for deposit in the substance abuse services
18         fund under Section 5-1086.1 of the Counties Code; and
19             (v) for persons convicted of offenses other than
20         those referenced in clause (iv) above and who are
21         placed on an approved monitoring device as a condition
22         of probation or conditional discharge, the court shall
23         impose a reasonable fee for each day of the use of the
24         device, as established by the county board in
25         subsection (g) of this Section, unless after
26         determining the inability of the defendant to pay the

 

 

HB4078 - 24 - LRB096 08471 RLC 18590 b

1         fee, the court assesses a lesser fee or no fee as the
2         case may be. This fee shall be imposed in addition to
3         the fees imposed under subsections (g) and (i) of this
4         Section. The fee shall be collected by the clerk of the
5         circuit court. The clerk of the circuit court shall pay
6         all monies collected from this fee to the county
7         treasurer who shall use the monies collected to defray
8         the costs of corrections. The county treasurer shall
9         deposit the fee collected in the county working cash
10         fund under Section 6-27001 or Section 6-29002 of the
11         Counties Code, as the case may be.
12         (11) comply with the terms and conditions of an order
13     of protection issued by the court pursuant to the Illinois
14     Domestic Violence Act of 1986, as now or hereafter amended,
15     or an order of protection issued by the court of another
16     state, tribe, or United States territory. A copy of the
17     order of protection shall be transmitted to the probation
18     officer or agency having responsibility for the case;
19         (12) reimburse any "local anti-crime program" as
20     defined in Section 7 of the Anti-Crime Advisory Council Act
21     for any reasonable expenses incurred by the program on the
22     offender's case, not to exceed the maximum amount of the
23     fine authorized for the offense for which the defendant was
24     sentenced;
25         (13) contribute a reasonable sum of money, not to
26     exceed the maximum amount of the fine authorized for the

 

 

HB4078 - 25 - LRB096 08471 RLC 18590 b

1     offense for which the defendant was sentenced, (i) to a
2     "local anti-crime program", as defined in Section 7 of the
3     Anti-Crime Advisory Council Act, or (ii) for offenses under
4     the jurisdiction of the Department of Natural Resources, to
5     the fund established by the Department of Natural Resources
6     for the purchase of evidence for investigation purposes and
7     to conduct investigations as outlined in Section 805-105 of
8     the Department of Natural Resources (Conservation) Law;
9         (14) refrain from entering into a designated
10     geographic area except upon such terms as the court finds
11     appropriate. Such terms may include consideration of the
12     purpose of the entry, the time of day, other persons
13     accompanying the defendant, and advance approval by a
14     probation officer, if the defendant has been placed on
15     probation or advance approval by the court, if the
16     defendant was placed on conditional discharge;
17         (15) refrain from having any contact, directly or
18     indirectly, with certain specified persons or particular
19     types of persons, including but not limited to members of
20     street gangs and drug users or dealers;
21         (16) refrain from having in his or her body the
22     presence of any illicit drug prohibited by the Cannabis
23     Control Act, the Illinois Controlled Substances Act, or the
24     Methamphetamine Control and Community Protection Act,
25     unless prescribed by a physician, and submit samples of his
26     or her blood or urine or both for tests to determine the

 

 

HB4078 - 26 - LRB096 08471 RLC 18590 b

1     presence of any illicit drug;
2         (17) if convicted for an offense committed on or after
3     June 1, 2008 (the effective date of Public Act 95-464) this
4     amendatory Act of the 95th General Assembly that would
5     qualify the accused as a child sex offender as defined in
6     Section 11-9.3 or 11-9.4 of the Criminal Code of 1961,
7     refrain from communicating with or contacting, by means of
8     the Internet, a person who is related to the accused and
9     whom the accused reasonably believes to be under 18 years
10     of age; for purposes of this paragraph (17), "Internet" has
11     the meaning ascribed to it in Section 16J-5 of the Criminal
12     Code of 1961; and a person is related to the accused if the
13     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     June 1, 2009 (the effective date of Public Act 95-983) this
19     amendatory Act of the 95th General Assembly that would
20     qualify as a sex offense as defined in the Sex Offender
21     Registration Act:
22             (i) not access or use a computer or any other
23         device with Internet capability without the prior
24         written approval of the offender's probation officer,
25         except in connection with the offender's employment or
26         search for employment with the prior approval of the

 

 

HB4078 - 27 - LRB096 08471 RLC 18590 b

1         offender's probation officer;
2             (ii) submit to periodic unannounced examinations
3         of the offender's computer or any other device with
4         Internet capability by the offender's probation
5         officer, a law enforcement officer, or assigned
6         computer or information technology specialist,
7         including the retrieval and copying of all data from
8         the computer or device and any internal or external
9         peripherals and removal of such information,
10         equipment, or device to conduct a more thorough
11         inspection;
12             (iii) submit to the installation on the offender's
13         computer or device with Internet capability, at the
14         subject's expense, of one or more hardware or software
15         systems to monitor the Internet use; and
16             (iv) submit to any other appropriate restrictions
17         concerning the offender's use of or access to a
18         computer or any other device with Internet capability
19         imposed by the offender's probation officer.
20     (c) The court may as a condition of probation or of
21 conditional discharge require that a person under 18 years of
22 age found guilty of any alcohol, cannabis or controlled
23 substance violation, refrain from acquiring a driver's license
24 during the period of probation or conditional discharge. If
25 such person is in possession of a permit or license, the court
26 may require that the minor refrain from driving or operating

 

 

HB4078 - 28 - LRB096 08471 RLC 18590 b

1 any motor vehicle during the period of probation or conditional
2 discharge, except as may be necessary in the course of the
3 minor's lawful employment.
4     (d) An offender sentenced to probation or to conditional
5 discharge shall be given a certificate setting forth the
6 conditions thereof.
7     (e) Except where the offender has committed a fourth or
8 subsequent violation of subsection (c) of Section 6-303 of the
9 Illinois Vehicle Code, the court shall not require as a
10 condition of the sentence of probation or conditional discharge
11 that the offender be committed to a period of imprisonment in
12 excess of 6 months. This 6 month limit shall not include
13 periods of confinement given pursuant to a sentence of county
14 impact incarceration under Section 5-8-1.2.
15     Persons committed to imprisonment as a condition of
16 probation or conditional discharge shall not be committed to
17 the Department of Corrections.
18     (f) The court may combine a sentence of periodic
19 imprisonment under Article 7 or a sentence to a county impact
20 incarceration program under Article 8 with a sentence of
21 probation or conditional discharge.
22     (g) An offender sentenced to probation or to conditional
23 discharge and who during the term of either undergoes mandatory
24 drug or alcohol testing, or both, or is assigned to be placed
25 on an approved electronic monitoring device, shall be ordered
26 to pay all costs incidental to such mandatory drug or alcohol

 

 

HB4078 - 29 - LRB096 08471 RLC 18590 b

1 testing, or both, and all costs incidental to such approved
2 electronic monitoring in accordance with the defendant's
3 ability to pay those costs. The county board with the
4 concurrence of the Chief Judge of the judicial circuit in which
5 the county is located shall establish reasonable fees for the
6 cost of maintenance, testing, and incidental expenses related
7 to the mandatory drug or alcohol testing, or both, and all
8 costs incidental to approved electronic monitoring, involved
9 in a successful probation program for the county. The
10 concurrence of the Chief Judge shall be in the form of an
11 administrative order. The fees shall be collected by the clerk
12 of the circuit court. The clerk of the circuit court shall pay
13 all moneys collected from these fees to the county treasurer
14 who shall use the moneys collected to defray the costs of drug
15 testing, alcohol testing, and electronic monitoring. The
16 county treasurer shall deposit the fees collected in the county
17 working cash fund under Section 6-27001 or Section 6-29002 of
18 the Counties Code, as the case may be.
19     (h) Jurisdiction over an offender may be transferred from
20 the sentencing court to the court of another circuit with the
21 concurrence of both courts. Further transfers or retransfers of
22 jurisdiction are also authorized in the same manner. The court
23 to which jurisdiction has been transferred shall have the same
24 powers as the sentencing court.
25     (i) The court shall impose upon an offender sentenced to
26 probation after January 1, 1989 or to conditional discharge

 

 

HB4078 - 30 - LRB096 08471 RLC 18590 b

1 after January 1, 1992 or to community service under the
2 supervision of a probation or court services department after
3 January 1, 2004, as a condition of such probation or
4 conditional discharge or supervised community service, a fee of
5 $50 for each month of probation or conditional discharge
6 supervision or supervised community service ordered by the
7 court, unless after determining the inability of the person
8 sentenced to probation or conditional discharge or supervised
9 community service to pay the fee, the court assesses a lesser
10 fee. The court may not impose the fee on a minor who is made a
11 ward of the State under the Juvenile Court Act of 1987 while
12 the minor is in placement. The fee shall be imposed only upon
13 an offender who is actively supervised by the probation and
14 court services department. The fee shall be collected by the
15 clerk of the circuit court. The clerk of the circuit court
16 shall pay all monies collected from this fee to the county
17 treasurer for deposit in the probation and court services fund
18 under Section 15.1 of the Probation and Probation Officers Act.
19     A circuit court may not impose a probation fee under this
20 subsection (i) in excess of $25 per month unless: (1) the
21 circuit court has adopted, by administrative order issued by
22 the chief judge, a standard probation fee guide determining an
23 offender's ability to pay, under guidelines developed by the
24 Administrative Office of the Illinois Courts; and (2) the
25 circuit court has authorized, by administrative order issued by
26 the chief judge, the creation of a Crime Victim's Services

 

 

HB4078 - 31 - LRB096 08471 RLC 18590 b

1 Fund, to be administered by the Chief Judge or his or her
2 designee, for services to crime victims and their families. Of
3 the amount collected as a probation fee, up to $5 of that fee
4 collected per month may be used to provide services to crime
5 victims and their families.
6     This amendatory Act of the 93rd General Assembly deletes
7 the $10 increase in the fee under this subsection that was
8 imposed by Public Act 93-616. This deletion is intended to
9 control over any other Act of the 93rd General Assembly that
10 retains or incorporates that fee increase.
11     (i-5) In addition to the fees imposed under subsection (i)
12 of this Section, in the case of an offender convicted of a
13 felony sex offense (as defined in the Sex Offender Management
14 Board Act) or an offense that the court or probation department
15 has determined to be sexually motivated (as defined in the Sex
16 Offender Management Board Act), the court or the probation
17 department shall assess additional fees to pay for all costs of
18 treatment, assessment, evaluation for risk and treatment, and
19 monitoring the offender, based on that offender's ability to
20 pay those costs either as they occur or under a payment plan.
21     (j) All fines and costs imposed under this Section for any
22 violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
23 Code, or a similar provision of a local ordinance, and any
24 violation of the Child Passenger Protection Act, or a similar
25 provision of a local ordinance, shall be collected and
26 disbursed by the circuit clerk as provided under Section 27.5

 

 

HB4078 - 32 - LRB096 08471 RLC 18590 b

1 of the Clerks of Courts Act.
2     (k) Any offender who is sentenced to probation or
3 conditional discharge for a felony sex offense as defined in
4 the Sex Offender Management Board Act or any offense that the
5 court or probation department has determined to be sexually
6 motivated as defined in the Sex Offender Management Board Act
7 shall be required to refrain from any contact, directly or
8 indirectly, with any persons specified by the court and shall
9 be available for all evaluations and treatment programs
10 required by the court or the probation department.
11     (l) The court may order an offender who is sentenced to
12 probation or conditional discharge for a violation of an order
13 of protection be placed under electronic surveillance as
14 provided in Section 5-8A-7 of this Code.
15 (Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05;
16 94-556, eff. 9-11-05; 95-331, eff. 8-21-07; 95-464, eff.
17 6-1-08; 95-578, eff. 6-1-08; 95-696, eff. 6-1-08; 95-773, eff.
18 1-1-09; 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; revised
19 10-20-08.)