Full Text of SB1817 98th General Assembly
SB1817eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 3-707 as follows:
| 6 | | (625 ILCS 5/3-707) (from Ch. 95 1/2, par. 3-707)
| 7 | | Sec. 3-707. Operation of uninsured motor vehicle - penalty.
| 8 | | (a) No person
shall operate a motor vehicle unless the | 9 | | motor vehicle is covered by a
liability insurance policy in | 10 | | accordance with Section 7-601 of this Code.
| 11 | | (a-5) A person commits the offense of operation of | 12 | | uninsured motor vehicle causing bodily harm when the person: | 13 | | (1) operates a motor vehicle in violation of Section | 14 | | 7-601 of this Code; and | 15 | | (2) causes, as a proximate result of the person's | 16 | | operation of the motor vehicle, bodily harm to another | 17 | | person. | 18 | | (a-6) Uninsured operation of a motor vehicle under | 19 | | subsection (a-5) is a Class A misdemeanor. If a person | 20 | | convicted of the offense of operation of a motor vehicle under | 21 | | subsection (a-5) has previously been convicted of 2 or more | 22 | | violations of subsection (a-5) of this Section or of Section | 23 | | 7-601 of this Code, a fine of $2,500, in addition to any |
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| 1 | | sentence of incarceration, must be imposed. | 2 | | (b) Any person who fails to comply with a request by a law | 3 | | enforcement
officer for display of evidence of insurance, as | 4 | | required under Section
7-602 of this Code, shall be deemed to | 5 | | be operating an uninsured motor vehicle.
| 6 | | (c) Except as provided in subsections (a-6) and (c-5), any | 7 | | operator of a motor vehicle subject to registration under this
| 8 | | Code
who is convicted of violating this Section is guilty of a | 9 | | business
offense and shall be required to pay a fine in excess | 10 | | of $500, but
not more than $1,000, except a person convicted of | 11 | | a third or subsequent violation of this Section shall be | 12 | | required to pay a fine of $1,000. However, no person charged | 13 | | with violating this
Section shall be convicted if such person | 14 | | produces in court satisfactory
evidence that at the time of the | 15 | | arrest the motor vehicle was covered by a
liability insurance | 16 | | policy in accordance with Section 7-601 of this Code.
The chief | 17 | | judge of each circuit may designate an officer of the court to
| 18 | | review the documentation demonstrating that at the time of | 19 | | arrest the motor
vehicle was covered by a liability insurance | 20 | | policy in accordance with Section
7-601 of this Code. | 21 | | (c-1) A person convicted of violating this Section shall | 22 | | also have his or her driver's license, permit, or privileges | 23 | | suspended for 3 months. After the expiration of the 3 months, | 24 | | the person's driver's license, permit, or privileges shall not | 25 | | be reinstated until he or she has paid a reinstatement fee of | 26 | | $100. If a person violates this Section while his or her |
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| 1 | | driver's license, permit, or privileges are suspended under | 2 | | this subsection (c-1), his or her driver's license, permit, or | 3 | | privileges shall be suspended for an additional 6 months and | 4 | | until he or she pays the reinstatement fee.
| 5 | | (c-5) A person who (i) has not previously been convicted of | 6 | | or received a disposition of court supervision for violating | 7 | | this Section and (ii) produces at his or her court appearance | 8 | | satisfactory evidence that the motor vehicle is covered, as of | 9 | | the date of the court appearance, by a liability insurance | 10 | | policy in accordance with Section 7-601 of this Code shall, for | 11 | | a violation of this Section, other than a violation of | 12 | | subsection (a-5), pay a fine of $100 and receive a disposition | 13 | | of court supervision. The person must, on the date that the | 14 | | period of court supervision is scheduled to terminate, produce | 15 | | satisfactory evidence that the vehicle was covered by the | 16 | | required liability insurance policy during the entire period of | 17 | | court supervision. | 18 | | An officer of the court designated under subsection (c) may | 19 | | also review liability insurance documentation under this | 20 | | subsection (c-5) to determine if the motor vehicle is, as of | 21 | | the date of the court appearance, covered by a liability | 22 | | insurance policy in accordance with Section 7-601 of this Code. | 23 | | The officer of the court shall also determine, on the date the | 24 | | period of court supervision is scheduled to terminate, whether | 25 | | the vehicle was covered by the required policy during the | 26 | | entire period of court supervision.
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| 1 | | (d) A person convicted a third or subsequent time of | 2 | | violating this
Section or a similar provision of a local | 3 | | ordinance must give proof to the
Secretary of State of the | 4 | | person's financial responsibility as defined in
Section 7-315. | 5 | | The person must maintain the proof in a manner satisfactory to
| 6 | | the Secretary for a minimum period of 3 years after the date | 7 | | the proof is
first filed. The Secretary must suspend the | 8 | | driver's license of any person
determined by the Secretary not | 9 | | to have provided adequate proof of financial
responsibility as | 10 | | required by this subsection. This subsection shall not apply to | 11 | | a person given court supervision under subsection (c-5) of this | 12 | | Section. Within 90 days of the effective date of this | 13 | | amendatory Act of the 98th General Assembly, a person who is | 14 | | currently required to maintain proof of financial | 15 | | responsibility as described in this subsection may petition the | 16 | | Secretary of State to be removed from the requirement of | 17 | | maintaining proof of financial responsibility as required in | 18 | | this subsection if this person received court supervision under | 19 | | subsection (c-5) of this Section and does not have a subsequent | 20 | | conviction under this Section. The person petitioning the | 21 | | Secretary must provide proof that he or she received court | 22 | | supervision under subsection (c-5) of this Section and | 23 | | satisfactorily completed the terms of the court supervision. | 24 | | Once the person has provided this proof to the Secretary and | 25 | | the Secretary determines the person does not have a subsequent | 26 | | conviction under this Section, the Secretary shall terminate |
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| 1 | | the requirement that the person maintain proof of financial | 2 | | responsibility as required in this Section.
| 3 | | (Source: P.A. 96-143, eff. 1-1-10; 97-407, eff. 1-1-12.)
| 4 | | Section 10. The Unified Code of Corrections is amended by | 5 | | changing Section 5-6-3.1 as follows:
| 6 | | (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
| 7 | | Sec. 5-6-3.1. Incidents and Conditions of Supervision.
| 8 | | (a) When a defendant is placed on supervision, the court | 9 | | shall enter
an order for supervision specifying the period of | 10 | | such supervision, and
shall defer further proceedings in the | 11 | | case until the conclusion of the
period.
| 12 | | (b) The period of supervision shall be reasonable under all | 13 | | of the
circumstances of the case, but may not be longer than 2 | 14 | | years, unless the
defendant has failed to pay the assessment | 15 | | required by Section 10.3 of the
Cannabis Control Act,
Section | 16 | | 411.2 of the Illinois Controlled
Substances Act, or Section 80 | 17 | | of the Methamphetamine Control and Community Protection Act, in | 18 | | which case the court may extend supervision beyond 2 years.
| 19 | | Additionally, the court shall order the defendant to perform no | 20 | | less than 30
hours of community service and not more than 120 | 21 | | hours of community service, if
community service is available | 22 | | in the
jurisdiction and is funded and approved by the county | 23 | | board where the offense
was committed,
when the offense (1) was
| 24 | | related to or in furtherance of the criminal activities of an |
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| 1 | | organized gang or
was motivated by the defendant's membership | 2 | | in or allegiance to an organized
gang; or (2) is a violation of | 3 | | any Section of Article 24 of the Criminal
Code of 1961 or the | 4 | | Criminal Code of 2012 where a disposition of supervision is not | 5 | | prohibited by Section
5-6-1 of this Code.
The
community service | 6 | | shall include, but not be limited to, the cleanup and repair
of | 7 | | any damage caused by violation of Section 21-1.3 of the | 8 | | Criminal Code of
1961 or the Criminal Code of 2012 and similar | 9 | | damages to property located within the municipality or county
| 10 | | in which the violation occurred. Where possible and reasonable, | 11 | | the community
service should be performed in the offender's | 12 | | neighborhood.
| 13 | | For the purposes of this
Section, "organized gang" has the | 14 | | meaning ascribed to it in Section 10 of the
Illinois Streetgang | 15 | | Terrorism Omnibus Prevention Act.
| 16 | | (c) The court may in addition to other reasonable | 17 | | conditions
relating to the nature of the offense or the | 18 | | rehabilitation of the
defendant as determined for each | 19 | | defendant in the proper discretion of
the court require that | 20 | | the person:
| 21 | | (1) make a report to and appear in person before or | 22 | | participate with
the court or such courts, person, or | 23 | | social service agency as directed
by the court in the order | 24 | | of supervision;
| 25 | | (2) pay a fine and costs;
| 26 | | (3) work or pursue a course of study or vocational |
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| 1 | | training;
| 2 | | (4) undergo medical, psychological or psychiatric | 3 | | treatment; or
treatment for drug addiction or alcoholism;
| 4 | | (5) attend or reside in a facility established for the | 5 | | instruction
or residence of defendants on probation;
| 6 | | (6) support his dependents;
| 7 | | (7) refrain from possessing a firearm or other | 8 | | dangerous weapon;
| 9 | | (8) and in addition, if a minor:
| 10 | | (i) reside with his parents or in a foster home;
| 11 | | (ii) attend school;
| 12 | | (iii) attend a non-residential program for youth;
| 13 | | (iv) contribute to his own support at home or in a | 14 | | foster home; or
| 15 | | (v) with the consent of the superintendent of the
| 16 | | facility, attend an educational program at a facility | 17 | | other than the school
in which the
offense was | 18 | | committed if he
or she is placed on supervision for a | 19 | | crime of violence as
defined in
Section 2 of the Crime | 20 | | Victims Compensation Act committed in a school, on the
| 21 | | real
property
comprising a school, or within 1,000 feet | 22 | | of the real property comprising a
school;
| 23 | | (9) make restitution or reparation in an amount not to | 24 | | exceed actual
loss or damage to property and pecuniary loss | 25 | | or make restitution under Section
5-5-6 to a domestic | 26 | | violence shelter. The court shall
determine the amount and |
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| 1 | | conditions of payment;
| 2 | | (10) perform some reasonable public or community | 3 | | service;
| 4 | | (11) comply with the terms and conditions of an order | 5 | | of protection
issued by the court pursuant to the Illinois | 6 | | Domestic Violence Act of 1986 or
an order of protection | 7 | | issued by the court of another state, tribe, or United
| 8 | | States territory.
If the court has ordered the defendant to | 9 | | make a report and appear in
person under paragraph (1) of | 10 | | this subsection, a copy of the order of
protection shall be | 11 | | transmitted to the person or agency so designated
by the | 12 | | court;
| 13 | | (12) reimburse any "local anti-crime program" as | 14 | | defined in Section 7 of
the Anti-Crime Advisory Council Act | 15 | | for any reasonable expenses incurred by the
program on the | 16 | | offender's case, not to exceed the maximum amount of the
| 17 | | fine authorized for the offense for which the defendant was | 18 | | sentenced;
| 19 | | (13) contribute a reasonable sum of money, not to
| 20 | | exceed the maximum amount of the fine authorized for the | 21 | | offense for which
the defendant was sentenced, (i) to a | 22 | | "local anti-crime program", as defined
in Section 7 of the | 23 | | Anti-Crime Advisory Council Act, or (ii) for offenses under | 24 | | the jurisdiction of the Department of Natural Resources, to | 25 | | the fund established by the Department of Natural Resources | 26 | | for the purchase of evidence for investigation purposes and |
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| 1 | | to conduct investigations as outlined in Section 805-105 of | 2 | | the Department of Natural Resources (Conservation) Law;
| 3 | | (14) refrain from entering into a designated | 4 | | geographic area except
upon such terms as the court finds | 5 | | appropriate. Such terms may include
consideration of the | 6 | | purpose of the entry, the time of day, other persons
| 7 | | accompanying the defendant, and advance approval by a | 8 | | probation officer;
| 9 | | (15) refrain from having any contact, directly or | 10 | | indirectly, with
certain specified persons or particular | 11 | | types of person, including but not
limited to members of | 12 | | street gangs and drug users or dealers;
| 13 | | (16) refrain from having in his or her body the | 14 | | presence of any illicit
drug prohibited by the Cannabis | 15 | | Control Act, the Illinois Controlled
Substances Act, or the | 16 | | Methamphetamine Control and Community Protection Act, | 17 | | unless prescribed by a physician, and submit samples of
his | 18 | | or her blood or urine or both for tests to determine the | 19 | | presence of any
illicit drug;
| 20 | | (17) refrain from operating any motor vehicle not | 21 | | equipped with an
ignition interlock device as defined in | 22 | | Section 1-129.1 of the Illinois
Vehicle Code; under this | 23 | | condition the court may allow a defendant who is not
| 24 | | self-employed to operate a vehicle owned by the defendant's | 25 | | employer that is
not equipped with an ignition interlock | 26 | | device in the course and scope of the
defendant's |
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| 1 | | employment; and
| 2 | | (18) if placed on supervision for a sex offense as | 3 | | defined in subsection (a-5) of Section 3-1-2 of this Code, | 4 | | unless the offender is a parent or guardian of the person | 5 | | under 18 years of age present in the home and no | 6 | | non-familial minors are present, not participate in a | 7 | | holiday event involving
children
under 18 years of age, | 8 | | such as distributing candy or other items to children on
| 9 | | Halloween,
wearing a Santa Claus costume on or preceding | 10 | | Christmas, being employed as a
department store Santa | 11 | | Claus, or wearing an Easter Bunny costume on or
preceding
| 12 | | Easter. | 13 | | (d) The court shall defer entering any judgment on the | 14 | | charges
until the conclusion of the supervision.
| 15 | | (e) At the conclusion of the period of supervision, if the | 16 | | court
determines that the defendant has successfully complied | 17 | | with all of the
conditions of supervision, the court shall | 18 | | discharge the defendant and
enter a judgment dismissing the | 19 | | charges.
| 20 | | (f) Discharge and dismissal upon a successful conclusion of | 21 | | a
disposition of supervision shall be deemed without | 22 | | adjudication of guilt
and shall not be termed a conviction for | 23 | | purposes of disqualification or
disabilities imposed by law | 24 | | upon conviction of a crime. Two years after the
discharge and | 25 | | dismissal under this Section, unless the disposition of
| 26 | | supervision was for a violation of Sections 3-707, 3-708, |
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| 1 | | 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | 2 | | similar
provision of a local ordinance, or for a violation of | 3 | | Sections 12-3.2, 16-25,
or 16A-3 of the Criminal Code of 1961 | 4 | | or the Criminal Code of 2012, in which case it shall be 5
years | 5 | | after discharge and dismissal, a person may have his record
of | 6 | | arrest sealed or expunged as may be provided by law. However, | 7 | | any
defendant placed on supervision before January 1, 1980, may | 8 | | move for
sealing or expungement of his arrest record, as | 9 | | provided by law, at any
time after discharge and dismissal | 10 | | under this Section.
A person placed on supervision for a sexual | 11 | | offense committed against a minor
as defined in clause | 12 | | (a)(1)(L) of Section 5.2 of the Criminal Identification Act
or | 13 | | for a violation of Section 11-501 of the Illinois Vehicle Code | 14 | | or a
similar provision of a local ordinance
shall not have his | 15 | | or her record of arrest sealed or expunged.
| 16 | | (g) A defendant placed on supervision and who during the | 17 | | period of
supervision undergoes mandatory drug or alcohol | 18 | | testing, or both, or is
assigned to be placed on an approved | 19 | | electronic monitoring device, shall be
ordered to pay the costs | 20 | | incidental to such mandatory drug or alcohol
testing, or both, | 21 | | and costs incidental to such approved electronic
monitoring in | 22 | | accordance with the defendant's ability to pay those costs.
The | 23 | | county board with the concurrence of the Chief Judge of the | 24 | | judicial
circuit in which the county is located shall establish | 25 | | reasonable fees for
the cost of maintenance, testing, and | 26 | | incidental expenses related to the
mandatory drug or alcohol |
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| 1 | | testing, or both, and all costs incidental to
approved | 2 | | electronic monitoring, of all defendants placed on | 3 | | supervision.
The concurrence of the Chief Judge shall be in the | 4 | | form of an
administrative order.
The fees shall be collected by | 5 | | the clerk of the circuit court. The clerk of
the circuit court | 6 | | shall pay all moneys collected from these fees to the county
| 7 | | treasurer who shall use the moneys collected to defray the | 8 | | costs of
drug testing, alcohol testing, and electronic | 9 | | monitoring.
The county treasurer shall deposit the fees | 10 | | collected in the
county working cash fund under Section 6-27001 | 11 | | or Section 6-29002 of the
Counties Code, as the case may be.
| 12 | | (h) A disposition of supervision is a final order for the | 13 | | purposes
of appeal.
| 14 | | (i) The court shall impose upon a defendant placed on | 15 | | supervision
after January 1, 1992 or to community service under | 16 | | the supervision of a
probation or court services department | 17 | | after January 1, 2004, as a condition
of supervision or | 18 | | supervised community service, a fee of $50 for
each month of | 19 | | supervision or supervised community service ordered by the
| 20 | | court, unless after
determining the inability of the person | 21 | | placed on supervision or supervised
community service to pay | 22 | | the
fee, the court assesses a lesser fee. The court may not | 23 | | impose the fee on a
minor who is made a ward of the State under | 24 | | the Juvenile Court Act of 1987
while the minor is in placement.
| 25 | | The fee shall be imposed only upon a
defendant who is actively | 26 | | supervised by the
probation and court services
department. The |
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| 1 | | fee shall be collected by the clerk of the circuit court.
The | 2 | | clerk of the circuit court shall pay all monies collected from | 3 | | this fee
to the county treasurer for deposit in the probation | 4 | | and court services
fund pursuant to Section 15.1 of the | 5 | | Probation and
Probation Officers Act.
| 6 | | A circuit court may not impose a probation fee in excess of | 7 | | $25
per month unless the circuit court has adopted, by | 8 | | administrative
order issued by the chief judge, a standard | 9 | | probation fee guide
determining an offender's ability to pay. | 10 | | Of the
amount collected as a probation fee, not to exceed $5 of | 11 | | that fee
collected per month may be used to provide services to | 12 | | crime victims
and their families. | 13 | | The Court may only waive probation fees based on an | 14 | | offender's ability to pay. The probation department may | 15 | | re-evaluate an offender's ability to pay every 6 months, and, | 16 | | with the approval of the Director of Court Services or the | 17 | | Chief Probation Officer, adjust the monthly fee amount. An | 18 | | offender may elect to pay probation fees due in a lump sum.
Any | 19 | | offender that has been assigned to the supervision of a | 20 | | probation department, or has been transferred either under | 21 | | subsection (h) of this Section or under any interstate compact, | 22 | | shall be required to pay probation fees to the department | 23 | | supervising the offender, based on the offender's ability to | 24 | | pay.
| 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) Except in the case of a person placed on court | 19 | | supervision for a violation of subsection (c-5) of Section | 20 | | 3-707 of the Illinois Vehicle Code or a similar provision of a | 21 | | local ordinance, the The Secretary of State shall require | 22 | | anyone placed on court supervision
for a
violation of Section | 23 | | 3-707 of the Illinois Vehicle Code or a similar provision
of a | 24 | | local ordinance
to give proof of his or her financial
| 25 | | responsibility as
defined in Section 7-315 of the Illinois | 26 | | Vehicle Code. The proof shall be
maintained by the individual |
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| 1 | | in a manner satisfactory to the Secretary of State
for
a
| 2 | | minimum period of 3 years after the date the proof is first | 3 | | filed.
The proof shall be limited to a single action per arrest | 4 | | and may not be
affected by any post-sentence disposition. The | 5 | | Secretary of State shall
suspend the driver's license of any | 6 | | person
determined by the Secretary to be in violation of this | 7 | | subsection. | 8 | | (n) Any offender placed on supervision for any offense that | 9 | | the court or probation department has determined to be sexually | 10 | | motivated as defined in the Sex Offender Management Board Act | 11 | | shall be required to refrain from any contact, directly or | 12 | | indirectly, with any persons specified by the court and shall | 13 | | be available for all evaluations and treatment programs | 14 | | required by the court or the probation department.
| 15 | | (o) An offender placed on supervision for a sex offense as | 16 | | defined in the Sex Offender
Management Board Act shall refrain | 17 | | from residing at the same address or in the same condominium | 18 | | unit or 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 been | 21 | | placed on supervision for a sex offense. The provisions of this | 22 | | subsection (o) do not apply to a person convicted of a sex | 23 | | offense who is placed in a Department of Corrections licensed | 24 | | transitional housing facility for sex offenders. | 25 | | (p) An offender placed on supervision for an offense | 26 | | committed on or after June 1, 2008
(the effective date of |
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| 1 | | Public Act 95-464)
that would qualify the accused as a child | 2 | | sex offender as defined in Section 11-9.3 or 11-9.4 of the | 3 | | Criminal Code of 1961 or the Criminal Code of 2012 shall | 4 | | refrain from communicating with or contacting, by means of the | 5 | | Internet, a person who is not related to the accused and whom | 6 | | the accused reasonably believes to be under 18 years of age. | 7 | | For purposes of this subsection (p), "Internet" has the meaning | 8 | | ascribed to it in Section 16-0.1 of the Criminal Code of 2012; | 9 | | and a person is not related to the accused if the person is | 10 | | not: (i) the spouse, brother, or sister of the accused; (ii) a | 11 | | descendant of the accused; (iii) a first or second cousin of | 12 | | the accused; or (iv) a step-child or adopted child of the | 13 | | accused.
| 14 | | (q) An offender placed on supervision for an offense | 15 | | committed on or after June 1, 2008
(the effective date of | 16 | | Public Act 95-464)
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 or the Criminal Code of 2012 shall, if so | 19 | | ordered by the court, refrain from communicating with or | 20 | | contacting, by means of the Internet, a person who is related | 21 | | to the accused and whom the accused reasonably believes to be | 22 | | under 18 years of age. For purposes of this subsection (q), | 23 | | "Internet" has the meaning ascribed to it in Section 16-0.1 of | 24 | | the Criminal Code of 2012; and a person is related to the | 25 | | accused if the person is: (i) the spouse, brother, or sister of | 26 | | the accused; (ii) a descendant of the accused; (iii) a first or |
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| 1 | | second cousin of the accused; or (iv) a step-child or adopted | 2 | | child of the accused.
| 3 | | (r) An offender placed on supervision for an offense under | 4 | | Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a | 5 | | juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or | 6 | | 11-21 of the Criminal Code of 1961 or the Criminal Code of | 7 | | 2012, or any attempt to commit any of these offenses, committed | 8 | | on or after the effective date of this amendatory Act of the | 9 | | 95th General Assembly shall: | 10 | | (i) not access or use a computer or any other device | 11 | | with Internet capability without the prior written | 12 | | approval of the court, except in connection with the | 13 | | offender's employment or search for employment with the | 14 | | prior approval of the court; | 15 | | (ii) submit to periodic unannounced examinations of | 16 | | the offender's computer or any other device with Internet | 17 | | capability by the offender's probation officer, a law | 18 | | enforcement officer, or assigned computer or information | 19 | | technology specialist, including the retrieval and copying | 20 | | of all data from the computer or device and any internal or | 21 | | external peripherals and removal of such information, | 22 | | equipment, or device to conduct a more thorough inspection; | 23 | | (iii) submit to the installation on the offender's | 24 | | computer or device with Internet capability, at the | 25 | | offender's expense, of one or more hardware or software | 26 | | systems to monitor the Internet use; and |
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| 1 | | (iv) submit to any other appropriate restrictions | 2 | | concerning the offender's use of or access to a computer or | 3 | | any other device with Internet capability imposed by the | 4 | | court. | 5 | | (s) An offender placed on supervision for an offense that | 6 | | is a sex offense as defined in Section 2 of the Sex Offender | 7 | | Registration Act that is committed on or after January 1, 2010 | 8 | | (the effective date of Public Act 96-362) that requires the | 9 | | person to register as a sex offender under that Act, may not | 10 | | knowingly use any computer scrub software on any computer that | 11 | | the sex offender uses. | 12 | | (t) An offender placed on supervision for a sex offense as | 13 | | defined in the Sex Offender
Registration Act committed on or | 14 | | after January 1, 2010 (the effective date of Public Act 96-262) | 15 | | shall refrain from accessing or using a social networking | 16 | | website as defined in Section 17-0.5 of the Criminal Code of | 17 | | 2012. | 18 | | (u) 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. The probation department within | 24 | | the circuit to which jurisdiction has been transferred may | 25 | | impose probation fees upon receiving the transferred offender, | 26 | | as provided in subsection (i). The probation department from |
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| 1 | | the original sentencing court shall retain all probation fees | 2 | | collected prior to the transfer. | 3 | | (Source: P.A. 96-262, eff. 1-1-10; 96-362, eff. 1-1-10; 96-409, | 4 | | eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1414, eff. 1-1-11; | 5 | | 96-1551, Article 2, Section 1065, eff. 7-1-11; 96-1551, Article | 6 | | 10, Section 10-150, eff. 7-1-11; 97-454, eff. 1-1-12; 97-597, | 7 | | eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
| 8 | | Section 99. Effective date. This Act takes effect January | 9 | | 1, 2014.
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