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Full Text of HB4468  102nd General Assembly

HB4468 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4468

 

Introduced 1/21/2022, by Rep. Margaret Croke, Ann M. Williams, Eva Dina Delgado, Jaime M. Andrade, Jr., Angelica Guerrero-Cuellar, et al.

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-8A-2  from Ch. 38, par. 1005-8A-2

    Amends the Unified Code of Corrections. Adds as "excluded offenses" attempted first degree murder, reckless homicide, aggravated vehicular hijacking in which the defendant was armed with a firearm or other dangerous weapon, being an armed habitual criminal, and any offense that requires the defendant to register as a sex offender under the Sex Offender Registration Act. Effective immediately.


LRB102 23210 RLC 32372 b

 

 

A BILL FOR

 

HB4468LRB102 23210 RLC 32372 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 5-8A-2 as follows:
 
6    (730 ILCS 5/5-8A-2)  (from Ch. 38, par. 1005-8A-2)
7    Sec. 5-8A-2. Definitions. As used in this Article:
8    (A) "Approved electronic monitoring device" means a device
9approved by the supervising authority which is primarily
10intended to record or transmit information as to the
11defendant's presence or nonpresence in the home, consumption
12of alcohol, consumption of drugs, location as determined
13through GPS, cellular triangulation, Wi-Fi, or other
14electronic means.
15    An approved electronic monitoring device may record or
16transmit: oral or wire communications or an auditory sound;
17visual images; or information regarding the offender's
18activities while inside the offender's home. These devices are
19subject to the required consent as set forth in Section 5-8A-5
20of this Article.
21    An approved electronic monitoring device may be used to
22record a conversation between the participant and the
23monitoring device, or the participant and the person

 

 

HB4468- 2 -LRB102 23210 RLC 32372 b

1supervising the participant solely for the purpose of
2identification and not for the purpose of eavesdropping or
3conducting any other illegally intrusive monitoring.
4    (A-10) "Department" means the Department of Corrections or
5the Department of Juvenile Justice.
6    (A-20) "Electronic monitoring" means the monitoring of an
7inmate, person, or offender with an electronic device both
8within and outside of their home under the terms and
9conditions established by the supervising authority.
10    (B) "Excluded offenses" means first degree murder,
11attempted first degree murder, reckless homicide, aggravated
12vehicular hijacking under paragraph (3), (4), (5), or (6) of
13subsection (a) of Section 18-4 of the Criminal Code of 2012,
14being an armed habitual criminal, any offense that requires
15the defendant to register as a sex offender under the Sex
16Offender Registration Act, escape, predatory criminal sexual
17assault of a child, aggravated criminal sexual assault,
18criminal sexual assault, aggravated battery with a firearm as
19described in Section 12-4.2 or subdivision (e)(1), (e)(2),
20(e)(3), or (e)(4) of Section 12-3.05, bringing or possessing a
21firearm, ammunition or explosive in a penal institution, any
22"Super-X" drug offense or calculated criminal drug conspiracy
23or streetgang criminal drug conspiracy, or any predecessor or
24successor offenses with the same or substantially the same
25elements, or any inchoate offenses relating to the foregoing
26offenses.

 

 

HB4468- 3 -LRB102 23210 RLC 32372 b

1    (B-10) "GPS" means a device or system which utilizes the
2Global Positioning Satellite system for determining the
3location of a person, inmate or offender.
4    (C) "Home detention" means the confinement of a person
5convicted or charged with an offense to his or her place of
6residence under the terms and conditions established by the
7supervising authority. Confinement need not be 24 hours per
8day to qualify as home detention, and significant restrictions
9on liberty such as 7pm to 7am curfews shall qualify. Home
10confinement may or may not be accompanied by electronic
11monitoring, and electronic monitoring is not required for
12purposes of sentencing credit.
13    (D) "Participant" means an inmate or offender placed into
14an electronic monitoring program.
15    (E) "Supervising authority" means the Department of
16Corrections, the Department of Juvenile Justice, probation
17department, a Chief Judge's office, pretrial services division
18or department, sheriff, superintendent of municipal house of
19corrections or any other officer or agency charged with
20authorizing and supervising electronic monitoring and home
21detention.
22    (F) "Super-X drug offense" means a violation of Section
23401(a)(1)(B), (C), or (D); Section 401(a)(2)(B), (C), or (D);
24Section 401(a)(3)(B), (C), or (D); or Section 401(a)(7)(B),
25(C), or (D) of the Illinois Controlled Substances Act.
26    (G) "Wi-Fi" or "WiFi" means a device or system which

 

 

HB4468- 4 -LRB102 23210 RLC 32372 b

1utilizes a wireless local area network for determining the
2location of a person, inmate or offender.
3(Source: P.A. 101-652, eff. 7-1-21.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.