Full Text of HB1979 95th General Assembly
HB1979enr 95TH GENERAL ASSEMBLY
|
|
|
HB1979 Enrolled |
|
LRB095 09506 RLC 29704 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 changing | 5 |
| Section 32-5 and by adding Section 10-5.1 as follows: | 6 |
| (720 ILCS 5/10-5.1 new)
| 7 |
| Sec. 10-5.1. Luring of a minor. | 8 |
| (a) A person commits the offense of luring of a minor when | 9 |
| the offender is 21 years of age or older and knowingly contacts | 10 |
| or communicates electronically to the minor: | 11 |
| (1) knowing the minor is under 15 years of age; | 12 |
| (2) with the intent to persuade, lure or transport the | 13 |
| minor away from his or her home, or other location known by | 14 |
| the minor's parent or legal guardian to be the place where | 15 |
| the minor is to be located; | 16 |
| (3) for an unlawful purpose; | 17 |
| (4) without the express consent of the person's parent | 18 |
| or legal guardian; | 19 |
| (5) with the intent to avoid the express consent of the | 20 |
| person's parent or legal guardian; | 21 |
| (6) after so communicating, commits any act in | 22 |
| furtherance of the intent described in clause (a)(2); and
| 23 |
| (7) is a stranger to the parents or legal guardian of |
|
|
|
HB1979 Enrolled |
- 2 - |
LRB095 09506 RLC 29704 b |
|
| 1 |
| the minor.
| 2 |
| (b) A person commits the offense of luring of a minor when | 3 |
| the offender is at least 18 years of age but under 21 years of | 4 |
| age and knowingly contacts or communicates electronically to | 5 |
| the minor: | 6 |
| (1) knowing the minor is under 15 years of age; | 7 |
| (2) with the intent to persuade, lure, or transport the | 8 |
| minor away from his or her home or other location known by | 9 |
| the minor's parent or legal guardian, to be the place where | 10 |
| the minor is to be located; | 11 |
| (3) for an unlawful purpose; | 12 |
| (4) without the express consent of the person's parent | 13 |
| or legal guardian; | 14 |
| (5) with the intent to avoid the express consent of the | 15 |
| person's parent or legal guardian; | 16 |
| (6) after so communicating, commits any act in | 17 |
| furtherance of the intent described in clause (b)(2); and | 18 |
| (7) is a stranger to the parents or legal guardian of | 19 |
| the minor. | 20 |
| (c) Definitions. For purposes of this Section: | 21 |
| (1) "Emergency situation" means a situation in which | 22 |
| the minor is threatened with imminent bodily harm, | 23 |
| emotional harm or psychological harm. | 24 |
| (2) "Express consent" means oral or written permission | 25 |
| that is positive, direct, and unequivocal, requiring no | 26 |
| inference or implication to supply its meaning. |
|
|
|
HB1979 Enrolled |
- 3 - |
LRB095 09506 RLC 29704 b |
|
| 1 |
| (3) "Contacts or communicates electronically" includes | 2 |
| but is not limited to, any attempt to make contact or | 3 |
| communicate telephonically or through the Internet or text | 4 |
| messages. | 5 |
| (4) "Luring" shall mean any knowing act to solicit, | 6 |
| entice, tempt, or attempt to attract the minor. | 7 |
| (5) "Minor" shall mean any person under the age of 15. | 8 |
| (6) "Stranger" shall have its common and ordinary | 9 |
| meaning, including but not limited to, a person that is | 10 |
| either not known by the parents of the minor or does not | 11 |
| have any association with the parents of the minor. | 12 |
| (7) "Unlawful purpose" shall mean any misdemeanor or | 13 |
| felony violation of State law or a similar federal or | 14 |
| sister state law or local ordinance. | 15 |
| (d) This Section may not be interpreted to criminalize an | 16 |
| act or person contacting a minor within the scope and course of | 17 |
| his employment, or status as a volunteer of a recognized civic, | 18 |
| charitable or youth organization. | 19 |
| (e) This Section is intended to protect minors and to help | 20 |
| parents and legal guardians exercise reasonable care, | 21 |
| supervision, protection, and control over minor children. | 22 |
| (f) Affirmative defenses. | 23 |
| (1) It shall be an affirmative defense to any offense | 24 |
| under this Section 10-5.1 that the accused reasonably | 25 |
| believed that the minor was over the age of 15. | 26 |
| (2) It shall be an affirmative defense to any offense |
|
|
|
HB1979 Enrolled |
- 4 - |
LRB095 09506 RLC 29704 b |
|
| 1 |
| under this Section 10-5.1 that the accused is assisting the | 2 |
| minor in an emergency situation. | 3 |
| (3) It shall not be a defense to the prosecution of any | 4 |
| offense under this Section 10-5.1 if the person who is | 5 |
| contacted by the offender is posing as a minor and is in | 6 |
| actuality an adult law enforcement officer. | 7 |
| (g) Penalties. | 8 |
| (1) A first offense of luring of a minor under | 9 |
| subsection (a) shall be a Class 4 felony. A person | 10 |
| convicted of luring of a minor under subsection (a) shall | 11 |
| undergo a sex offender evaluation prior to a sentence being | 12 |
| imposed. An offense of luring of a minor under subsection | 13 |
| (a) when a person has a prior conviction in Illinois of a | 14 |
| sex offense as defined in the Sex Offender Registration | 15 |
| Act, or any substantially similar federal, Uniform Code of | 16 |
| Military Justice, sister state, or foreign government | 17 |
| offense, is guilty of a Class 2 felony. | 18 |
| (2) A first offense of luring of a minor under | 19 |
| subsection (b) is a Class B misdemeanor. | 20 |
| (3) A second or subsequent offense of luring of a minor | 21 |
| under subsection (a) is a Class 3 felony. A second or | 22 |
| subsequent offense of luring of a minor under subsection | 23 |
| (b) is a Class 4 felony. A second or subsequent offense | 24 |
| when a person has a prior conviction in Illinois of a sex | 25 |
| offense as defined in the Sex Offender Registration Act, or | 26 |
| any substantially similar federal, Uniform Code of |
|
|
|
HB1979 Enrolled |
- 5 - |
LRB095 09506 RLC 29704 b |
|
| 1 |
| Military Justice, sister state, or foreign government | 2 |
| offense, is a Class 1 felony. A defendant convicted a | 3 |
| second time of an offense under subsection (a) or (b) shall | 4 |
| register as a sexual predator of children pursuant to the | 5 |
| Sex Offender Registration Act. | 6 |
| (4) A third or subsequent offense is a Class 1 felony. | 7 |
| A third or subsequent offense when a person has a prior | 8 |
| conviction in Illinois of a sex offense as defined in the | 9 |
| Sex Offender Registration Act, or any substantially | 10 |
| similar federal, Uniform Code of Military Justice, sister | 11 |
| state, or foreign government offense, is a Class X felony. | 12 |
| (h) For violations of subsection (a), jurisdiction shall be | 13 |
| established if the transmission that constitutes the offense | 14 |
| either originates in this State or is received in this State | 15 |
| and does not apply to emergency situations. For violations of | 16 |
| subsection (b), jurisdiction shall be established in any county | 17 |
| where the act in furtherance of the commission of the offense | 18 |
| is committed, in the county where the minor resides, or in the | 19 |
| county where the offender resides.
| 20 |
| (720 ILCS 5/32-5) (from Ch. 38, par. 32-5)
| 21 |
| Sec. 32-5. False
personation of attorney, judicial, or | 22 |
| governmental officials.
| 23 |
| (a) A person who falsely represents himself or herself to | 24 |
| be an attorney
authorized to practice law for purposes of | 25 |
| compensation or consideration
commits a Class 4 felony. This |
|
|
|
HB1979 Enrolled |
- 6 - |
LRB095 09506 RLC 29704 b |
|
| 1 |
| subsection (a) does not apply to a person who
unintentionally | 2 |
| fails to pay attorney registration fees established by Supreme
| 3 |
| Court Rule.
| 4 |
| (b) A person who falsely represents himself or herself to | 5 |
| be a public
officer or a public employee or an official or | 6 |
| employee of the federal government commits a Class B
| 7 |
| misdemeanor.
| 8 |
| (c) A person who falsely represents himself or herself to | 9 |
| be a public
officer or a public employee commits a Class 4 | 10 |
| felony if that false representation was for the purpose of | 11 |
| effectuating identity theft as defined in Section 16G-15 of | 12 |
| this Code.
| 13 |
| (Source: P.A. 94-985, eff. 1-1-07.)
| 14 |
| Section 10. The Unified Code of Corrections is amended by | 15 |
| changing Section 3-6-3 as follows:
| 16 |
| (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| 17 |
| Sec. 3-6-3. Rules and Regulations for Early Release.
| 18 |
| (a) (1) The Department of Corrections shall prescribe | 19 |
| rules
and regulations for the early release on account of | 20 |
| good
conduct of persons committed to the Department which | 21 |
| shall
be subject to review by the Prisoner Review Board.
| 22 |
| (2) The rules and regulations on early release shall | 23 |
| provide, with
respect to offenses listed in clause (i), | 24 |
| (ii), or (iii) of this paragraph (2) committed on or after |
|
|
|
HB1979 Enrolled |
- 7 - |
LRB095 09506 RLC 29704 b |
|
| 1 |
| June 19, 1998 or with respect to the offense listed in | 2 |
| clause (iv) of this paragraph (2) committed on or after | 3 |
| June 23, 2005 (the effective date of Public Act 94-71) or | 4 |
| with
respect to offense listed in clause (v) committed on | 5 |
| or after the effective date of this amendatory Act of the | 6 |
| 95th General Assembly or with respect to the offense of | 7 |
| being an armed habitual criminal committed on or after | 8 |
| August 2, 2005 (the effective date of Public Act 94-398), | 9 |
| the following:
| 10 |
| (i) that a prisoner who is serving a term of | 11 |
| imprisonment for first
degree murder or for the offense | 12 |
| of terrorism shall receive no good conduct
credit and | 13 |
| shall serve the entire
sentence imposed by the court;
| 14 |
| (ii) that a prisoner serving a sentence for attempt | 15 |
| to commit first
degree murder, solicitation of murder, | 16 |
| solicitation of murder for hire,
intentional homicide | 17 |
| of an unborn child, predatory criminal sexual assault | 18 |
| of a
child, aggravated criminal sexual assault, | 19 |
| criminal sexual assault, aggravated
kidnapping, | 20 |
| aggravated battery with a firearm, heinous battery, | 21 |
| being an armed habitual criminal, aggravated
battery | 22 |
| of a senior citizen, or aggravated battery of a child | 23 |
| shall receive no
more than 4.5 days of good conduct | 24 |
| credit for each month of his or her sentence
of | 25 |
| imprisonment;
| 26 |
| (iii) that a prisoner serving a sentence
for home |
|
|
|
HB1979 Enrolled |
- 8 - |
LRB095 09506 RLC 29704 b |
|
| 1 |
| invasion, armed robbery, aggravated vehicular | 2 |
| hijacking,
aggravated discharge of a firearm, or armed | 3 |
| violence with a category I weapon
or category II | 4 |
| weapon, when the court
has made and entered a finding, | 5 |
| pursuant to subsection (c-1) of Section 5-4-1
of this | 6 |
| Code, that the conduct leading to conviction for the | 7 |
| enumerated offense
resulted in great bodily harm to a | 8 |
| victim, shall receive no more than 4.5 days
of good | 9 |
| conduct credit for each month of his or her sentence of | 10 |
| imprisonment; and
| 11 |
| (iv) that a prisoner serving a sentence for | 12 |
| aggravated discharge of a firearm, whether or not the | 13 |
| conduct leading to conviction for the offense resulted | 14 |
| in great bodily harm to the victim, shall receive no | 15 |
| more than 4.5 days of good conduct credit for each | 16 |
| month of his or her sentence of imprisonment ; and .
| 17 |
| (v) that a prisoner serving a sentence for a second | 18 |
| or subsequent offense of luring a minor shall receive | 19 |
| no more than 4.5 days of good conduct credit for each | 20 |
| month of his or her sentence of imprisonment.
| 21 |
| (2.1) For all offenses, other than those enumerated in | 22 |
| subdivision (a)(2)(i), (ii), or (iii)
committed on or after | 23 |
| June 19, 1998 or subdivision (a)(2)(iv) committed on or | 24 |
| after June 23, 2005 (the effective date of Public Act | 25 |
| 94-71) or subdivision (a)(2)(v) committed on or after the | 26 |
| effective date of this amendatory Act of the 95th General |
|
|
|
HB1979 Enrolled |
- 9 - |
LRB095 09506 RLC 29704 b |
|
| 1 |
| Assembly , and other than the offense of reckless
homicide | 2 |
| as defined in subsection (e) of Section 9-3 of the Criminal | 3 |
| Code of
1961 committed on or after January 1, 1999,
or | 4 |
| aggravated driving under the influence of alcohol, other | 5 |
| drug or drugs, or
intoxicating compound or compounds, or | 6 |
| any combination thereof as defined in
subparagraph (F) of | 7 |
| paragraph (1) of subsection (d) of Section 11-501 of the
| 8 |
| Illinois Vehicle Code,
the rules and regulations shall
| 9 |
| provide that a prisoner who is serving a term of
| 10 |
| imprisonment shall receive one day of good conduct credit | 11 |
| for each day of
his or her sentence of imprisonment or | 12 |
| recommitment under Section 3-3-9.
Each day of good conduct | 13 |
| credit shall reduce by one day the prisoner's period
of | 14 |
| imprisonment or recommitment under Section 3-3-9.
| 15 |
| (2.2) A prisoner serving a term of natural life | 16 |
| imprisonment or a
prisoner who has been sentenced to death | 17 |
| shall receive no good conduct
credit.
| 18 |
| (2.3) The rules and regulations on early release shall | 19 |
| provide that
a prisoner who is serving a sentence for | 20 |
| reckless homicide as defined in
subsection (e) of Section | 21 |
| 9-3 of the Criminal Code of 1961 committed on or
after | 22 |
| January 1, 1999, or aggravated driving under the influence | 23 |
| of alcohol,
other drug or drugs, or intoxicating compound | 24 |
| or compounds, or any combination
thereof as defined in | 25 |
| subparagraph (F) of paragraph (1) of subsection (d) of
| 26 |
| Section 11-501 of the Illinois Vehicle Code, shall receive |
|
|
|
HB1979 Enrolled |
- 10 - |
LRB095 09506 RLC 29704 b |
|
| 1 |
| no more than 4.5
days of good conduct credit for each month | 2 |
| of his or her sentence of
imprisonment.
| 3 |
| (2.4) The rules and regulations on early release shall | 4 |
| provide with
respect to the offenses of aggravated battery | 5 |
| with a machine gun or a firearm
equipped with any device or | 6 |
| attachment designed or used for silencing the
report of a | 7 |
| firearm or aggravated discharge of a machine gun or a | 8 |
| firearm
equipped with any device or attachment designed or | 9 |
| used for silencing the
report of a firearm, committed on or | 10 |
| after
July 15, 1999 (the effective date of Public Act | 11 |
| 91-121),
that a prisoner serving a sentence for any of | 12 |
| these offenses shall receive no
more than 4.5 days of good | 13 |
| conduct credit for each month of his or her sentence
of | 14 |
| imprisonment.
| 15 |
| (2.5) The rules and regulations on early release shall | 16 |
| provide that a
prisoner who is serving a sentence for | 17 |
| aggravated arson committed on or after
July 27, 2001 (the | 18 |
| effective date of Public Act 92-176) shall receive no more | 19 |
| than
4.5 days of good conduct credit for each month of his | 20 |
| or her sentence of
imprisonment.
| 21 |
| (3) The rules and regulations shall also provide that
| 22 |
| the Director may award up to 180 days additional good | 23 |
| conduct
credit for meritorious service in specific | 24 |
| instances as the
Director deems proper; except that no more | 25 |
| than 90 days
of good conduct credit for meritorious service
| 26 |
| shall be awarded to any prisoner who is serving a sentence |
|
|
|
HB1979 Enrolled |
- 11 - |
LRB095 09506 RLC 29704 b |
|
| 1 |
| for
conviction of first degree murder, reckless homicide | 2 |
| while under the
influence of alcohol or any other drug,
or | 3 |
| aggravated driving under the influence of alcohol, other | 4 |
| drug or drugs, or
intoxicating compound or compounds, or | 5 |
| any combination thereof as defined in
subparagraph (F) of | 6 |
| paragraph (1) of subsection (d) of Section 11-501 of the
| 7 |
| Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| 8 |
| predatory criminal sexual assault of a child,
aggravated | 9 |
| criminal sexual assault, criminal sexual assault, deviate | 10 |
| sexual
assault, aggravated criminal sexual abuse, | 11 |
| aggravated indecent liberties
with a child, indecent | 12 |
| liberties with a child, child pornography, heinous
| 13 |
| battery, aggravated battery of a spouse, aggravated | 14 |
| battery of a spouse
with a firearm, stalking, aggravated | 15 |
| stalking, aggravated battery of a child,
endangering the | 16 |
| life or health of a child, cruelty to a child, or narcotic
| 17 |
| racketeering. Notwithstanding the foregoing, good conduct | 18 |
| credit for
meritorious service shall not be awarded on a
| 19 |
| sentence of imprisonment imposed for conviction of: (i) one | 20 |
| of the offenses
enumerated in subdivision (a)(2)(i), (ii), | 21 |
| or (iii) when the offense is committed on or after
June 19, | 22 |
| 1998 or subdivision (a)(2)(iv) when the offense is | 23 |
| committed on or after June 23, 2005 (the effective date of | 24 |
| Public Act 94-71) or subdivision (a)(2)(v) when the offense | 25 |
| is committed on or after the effective date of this | 26 |
| amendatory Act of the 95th General Assembly , (ii) reckless |
|
|
|
HB1979 Enrolled |
- 12 - |
LRB095 09506 RLC 29704 b |
|
| 1 |
| homicide as
defined in subsection (e) of Section 9-3 of the | 2 |
| Criminal Code of 1961 when
the offense is committed on or | 3 |
| after January 1, 1999,
or aggravated driving under the | 4 |
| influence of alcohol, other drug or drugs, or
intoxicating | 5 |
| compound or compounds, or any combination thereof as | 6 |
| defined in
subparagraph (F) of paragraph (1) of subsection | 7 |
| (d) of Section 11-501 of the
Illinois Vehicle Code, (iii) | 8 |
| one of the offenses enumerated in subdivision
(a)(2.4) when | 9 |
| the offense is committed on or after
July 15, 1999 (the | 10 |
| effective date of Public Act 91-121),
or (iv) aggravated | 11 |
| arson when the offense is committed
on or after July 27, | 12 |
| 2001 (the effective date of Public Act 92-176).
| 13 |
| (4) The rules and regulations shall also provide that | 14 |
| the good conduct
credit accumulated and retained under | 15 |
| paragraph (2.1) of subsection (a) of
this Section by any | 16 |
| inmate during specific periods of time in which such
inmate | 17 |
| is engaged full-time in substance abuse programs, | 18 |
| correctional
industry assignments, or educational programs | 19 |
| provided by the Department
under this paragraph (4) and | 20 |
| satisfactorily completes the assigned program as
| 21 |
| determined by the standards of the Department, shall be | 22 |
| multiplied by a factor
of 1.25 for program participation | 23 |
| before August 11, 1993
and 1.50 for program participation | 24 |
| on or after that date.
However, no inmate shall be eligible | 25 |
| for the additional good conduct credit
under this paragraph | 26 |
| (4) or (4.1) of this subsection (a) while assigned to a |
|
|
|
HB1979 Enrolled |
- 13 - |
LRB095 09506 RLC 29704 b |
|
| 1 |
| boot camp
or electronic detention, or if convicted of an | 2 |
| offense enumerated in
subdivision (a)(2)(i), (ii), or | 3 |
| (iii) of this Section that is committed on or after June | 4 |
| 19,
1998 or subdivision (a)(2)(iv) of this Section that is | 5 |
| committed on or after June 23, 2005 (the effective date of | 6 |
| Public Act 94-71) or subdivision (a)(2)(v) of this Section | 7 |
| that is committed on or after the effective date of this | 8 |
| amendatory Act of the 95th General Assembly , or if | 9 |
| convicted of reckless homicide as defined in subsection (e) | 10 |
| of
Section 9-3 of the Criminal Code of 1961 if the offense | 11 |
| is committed on or
after January 1, 1999,
or aggravated | 12 |
| driving under the influence of alcohol, other drug or | 13 |
| drugs, or
intoxicating compound or compounds, or any | 14 |
| combination thereof as defined in
subparagraph (F) of | 15 |
| paragraph (1) of subsection (d) of Section 11-501 of the
| 16 |
| Illinois Vehicle Code, or if convicted of an offense | 17 |
| enumerated in paragraph
(a)(2.4) of this Section that is | 18 |
| committed on or after
July 15, 1999 (the effective date of | 19 |
| Public Act 91-121),
or first degree murder, a Class X | 20 |
| felony, criminal sexual
assault, felony criminal sexual | 21 |
| abuse, aggravated criminal sexual abuse,
aggravated | 22 |
| battery with a firearm, or any predecessor or successor | 23 |
| offenses
with the same or substantially the same elements, | 24 |
| or any inchoate offenses
relating to the foregoing | 25 |
| offenses. No inmate shall be eligible for the
additional | 26 |
| good conduct credit under this paragraph (4) who (i) has |
|
|
|
HB1979 Enrolled |
- 14 - |
LRB095 09506 RLC 29704 b |
|
| 1 |
| previously
received increased good conduct credit under | 2 |
| this paragraph (4) and has
subsequently been convicted of a
| 3 |
| felony, or (ii) has previously served more than one prior | 4 |
| sentence of
imprisonment for a felony in an adult | 5 |
| correctional facility.
| 6 |
| Educational, vocational, substance abuse and | 7 |
| correctional
industry programs under which good conduct | 8 |
| credit may be increased under
this paragraph (4) and | 9 |
| paragraph (4.1) of this subsection (a) shall be evaluated | 10 |
| by the Department on the basis of
documented standards. The | 11 |
| Department shall report the results of these
evaluations to | 12 |
| the Governor and the General Assembly by September 30th of | 13 |
| each
year. The reports shall include data relating to the | 14 |
| recidivism rate among
program participants.
| 15 |
| Availability of these programs shall be subject to the
| 16 |
| limits of fiscal resources appropriated by the General | 17 |
| Assembly for these
purposes. Eligible inmates who are | 18 |
| denied immediate admission shall be
placed on a waiting | 19 |
| list under criteria established by the Department.
The | 20 |
| inability of any inmate to become engaged in any such | 21 |
| programs
by reason of insufficient program resources or for | 22 |
| any other reason
established under the rules and | 23 |
| regulations of the Department shall not be
deemed a cause | 24 |
| of action under which the Department or any employee or
| 25 |
| agent of the Department shall be liable for damages to the | 26 |
| inmate.
|
|
|
|
HB1979 Enrolled |
- 15 - |
LRB095 09506 RLC 29704 b |
|
| 1 |
| (4.1) The rules and regulations shall also provide that | 2 |
| an additional 60 days of good conduct credit shall be | 3 |
| awarded to any prisoner who passes the high school level | 4 |
| Test of General Educational Development (GED) while the | 5 |
| prisoner is incarcerated. The good conduct credit awarded | 6 |
| under this paragraph (4.1) shall be in addition to, and | 7 |
| shall not affect, the award of good conduct under any other | 8 |
| paragraph of this Section, but shall also be pursuant to | 9 |
| the guidelines and restrictions set forth in paragraph (4) | 10 |
| of subsection (a) of this Section.
The good conduct credit | 11 |
| provided for in this paragraph shall be available only to | 12 |
| those prisoners who have not previously earned a high | 13 |
| school diploma or a GED. If, after an award of the GED good | 14 |
| conduct credit has been made and the Department determines | 15 |
| that the prisoner was not eligible, then the award shall be | 16 |
| revoked.
| 17 |
| (4.5) The rules and regulations on early release shall | 18 |
| also provide that
when the court's sentencing order | 19 |
| recommends a prisoner for substance abuse treatment and the
| 20 |
| crime was committed on or after September 1, 2003 (the | 21 |
| effective date of
Public Act 93-354), the prisoner shall | 22 |
| receive no good conduct credit awarded under clause (3) of | 23 |
| this subsection (a) unless he or she participates in and
| 24 |
| completes a substance abuse treatment program. The | 25 |
| Director may waive the requirement to participate in or | 26 |
| complete a substance abuse treatment program and award the |
|
|
|
HB1979 Enrolled |
- 16 - |
LRB095 09506 RLC 29704 b |
|
| 1 |
| good conduct credit in specific instances if the prisoner | 2 |
| is not a good candidate for a substance abuse treatment | 3 |
| program for medical, programming, or operational reasons. | 4 |
| Availability of
substance abuse treatment shall be subject | 5 |
| to the limits of fiscal resources
appropriated by the | 6 |
| General Assembly for these purposes. If treatment is not
| 7 |
| available and the requirement to participate and complete | 8 |
| the treatment has not been waived by the Director, the | 9 |
| prisoner shall be placed on a waiting list under criteria
| 10 |
| established by the Department. The Director may allow a | 11 |
| prisoner placed on
a waiting list to participate in and | 12 |
| complete a substance abuse education class or attend | 13 |
| substance
abuse self-help meetings in lieu of a substance | 14 |
| abuse treatment program. A prisoner on a waiting list who | 15 |
| is not placed in a substance abuse program prior to release | 16 |
| may be eligible for a waiver and receive good conduct | 17 |
| credit under clause (3) of this subsection (a) at the | 18 |
| discretion of the Director.
| 19 |
| (5) Whenever the Department is to release any inmate | 20 |
| earlier than it
otherwise would because of a grant of good | 21 |
| conduct credit for meritorious
service given at any time | 22 |
| during the term, the Department shall give
reasonable | 23 |
| advance notice of the impending release to the State's
| 24 |
| Attorney of the county where the prosecution of the inmate | 25 |
| took place.
| 26 |
| (b) Whenever a person is or has been committed under
|
|
|
|
HB1979 Enrolled |
- 17 - |
LRB095 09506 RLC 29704 b |
|
| 1 |
| several convictions, with separate sentences, the sentences
| 2 |
| shall be construed under Section 5-8-4 in granting and
| 3 |
| forfeiting of good time.
| 4 |
| (c) The Department shall prescribe rules and regulations
| 5 |
| for revoking good conduct credit, or suspending or reducing
the | 6 |
| rate of accumulation of good conduct credit for specific
rule | 7 |
| violations, during imprisonment. These rules and regulations
| 8 |
| shall provide that no inmate may be penalized more than one
| 9 |
| year of good conduct credit for any one infraction.
| 10 |
| When the Department seeks to revoke, suspend or reduce
the | 11 |
| rate of accumulation of any good conduct credits for
an alleged | 12 |
| infraction of its rules, it shall bring charges
therefor | 13 |
| against the prisoner sought to be so deprived of
good conduct | 14 |
| credits before the Prisoner Review Board as
provided in | 15 |
| subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | 16 |
| amount of credit at issue exceeds 30 days or
when during any 12 | 17 |
| month period, the cumulative amount of
credit revoked exceeds | 18 |
| 30 days except where the infraction is committed
or discovered | 19 |
| within 60 days of scheduled release. In those cases,
the | 20 |
| Department of Corrections may revoke up to 30 days of good | 21 |
| conduct credit.
The Board may subsequently approve the | 22 |
| revocation of additional good
conduct credit, if the Department | 23 |
| seeks to revoke good conduct credit in
excess of 30 days. | 24 |
| However, the Board shall not be empowered to review the
| 25 |
| Department's decision with respect to the loss of 30 days of | 26 |
| good conduct
credit within any calendar year for any prisoner |
|
|
|
HB1979 Enrolled |
- 18 - |
LRB095 09506 RLC 29704 b |
|
| 1 |
| or to increase any penalty
beyond the length requested by the | 2 |
| Department.
| 3 |
| The Director of the Department of Corrections, in | 4 |
| appropriate cases, may
restore up to 30 days good conduct | 5 |
| credits which have been revoked, suspended
or reduced. Any | 6 |
| restoration of good conduct credits in excess of 30 days shall
| 7 |
| be subject to review by the Prisoner Review Board. However, the | 8 |
| Board may not
restore good conduct credit in excess of the | 9 |
| amount requested by the Director.
| 10 |
| Nothing contained in this Section shall prohibit the | 11 |
| Prisoner Review Board
from ordering, pursuant to Section | 12 |
| 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | 13 |
| sentence imposed by the court that was not served due to the
| 14 |
| accumulation of good conduct credit.
| 15 |
| (d) If a lawsuit is filed by a prisoner in an Illinois or | 16 |
| federal court
against the State, the Department of Corrections, | 17 |
| or the Prisoner Review Board,
or against any of
their officers | 18 |
| or employees, and the court makes a specific finding that a
| 19 |
| pleading, motion, or other paper filed by the prisoner is | 20 |
| frivolous, the
Department of Corrections shall conduct a | 21 |
| hearing to revoke up to
180 days of good conduct credit by | 22 |
| bringing charges against the prisoner
sought to be deprived of | 23 |
| the good conduct credits before the Prisoner Review
Board as | 24 |
| provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| 25 |
| If the prisoner has not accumulated 180 days of good conduct | 26 |
| credit at the
time of the finding, then the Prisoner Review |
|
|
|
HB1979 Enrolled |
- 19 - |
LRB095 09506 RLC 29704 b |
|
| 1 |
| Board may revoke all
good conduct credit accumulated by the | 2 |
| prisoner.
| 3 |
| For purposes of this subsection (d):
| 4 |
| (1) "Frivolous" means that a pleading, motion, or other | 5 |
| filing which
purports to be a legal document filed by a | 6 |
| prisoner in his or her lawsuit meets
any or all of the | 7 |
| following criteria:
| 8 |
| (A) it lacks an arguable basis either in law or in | 9 |
| fact;
| 10 |
| (B) it is being presented for any improper purpose, | 11 |
| such as to harass or
to cause unnecessary delay or | 12 |
| needless increase in the cost of litigation;
| 13 |
| (C) the claims, defenses, and other legal | 14 |
| contentions therein are not
warranted by existing law | 15 |
| or by a nonfrivolous argument for the extension,
| 16 |
| modification, or reversal of existing law or the | 17 |
| establishment of new law;
| 18 |
| (D) the allegations and other factual contentions | 19 |
| do not have
evidentiary
support or, if specifically so | 20 |
| identified, are not likely to have evidentiary
support | 21 |
| after a reasonable opportunity for further | 22 |
| investigation or discovery;
or
| 23 |
| (E) the denials of factual contentions are not | 24 |
| warranted on the
evidence, or if specifically so | 25 |
| identified, are not reasonably based on a lack
of | 26 |
| information or belief.
|
|
|
|
HB1979 Enrolled |
- 20 - |
LRB095 09506 RLC 29704 b |
|
| 1 |
| (2) "Lawsuit" means a petition for post-conviction | 2 |
| relief under Article
122 of the Code of Criminal Procedure | 3 |
| of 1963, a motion pursuant to Section
116-3 of the Code of | 4 |
| Criminal Procedure of 1963, a habeas corpus action under
| 5 |
| Article X of the Code of Civil Procedure or under federal | 6 |
| law (28 U.S.C. 2254),
a petition for claim under the Court | 7 |
| of Claims Act or an action under the
federal Civil Rights | 8 |
| Act (42 U.S.C. 1983).
| 9 |
| (e) Nothing in Public Act 90-592 or 90-593 affects the | 10 |
| validity of Public Act 89-404.
| 11 |
| (Source: P.A. 93-213, eff. 7-18-03; 93-354, eff. 9-1-03; 94-71, | 12 |
| eff. 6-23-05; 94-128, eff. 7-7-05; 94-156, eff. 7-8-05; 94-398, | 13 |
| eff. 8-2-05; 94-491, eff. 8-8-05; 94-744, eff. 5-8-06.)
| 14 |
| Section 15. The Sex Offender Registration Act is amended by | 15 |
| changing Section 2 as follows:
| 16 |
| (730 ILCS 150/2) (from Ch. 38, par. 222)
| 17 |
| Sec. 2. Definitions.
| 18 |
| (A) As used in this Article, "sex offender" means any | 19 |
| person who is:
| 20 |
| (1) charged pursuant to Illinois law, or any | 21 |
| substantially similar
federal, Uniform Code of Military | 22 |
| Justice, sister state, or foreign country
law,
with a sex | 23 |
| offense set forth
in subsection (B) of this Section or the | 24 |
| attempt to commit an included sex
offense, and:
|
|
|
|
HB1979 Enrolled |
- 21 - |
LRB095 09506 RLC 29704 b |
|
| 1 |
| (a) is convicted of such offense or an attempt to | 2 |
| commit such offense;
or
| 3 |
| (b) is found not guilty by reason of insanity of | 4 |
| such offense or an
attempt to commit such offense; or
| 5 |
| (c) is found not guilty by reason of insanity | 6 |
| pursuant to Section
104-25(c) of the Code of Criminal | 7 |
| Procedure of 1963 of such offense or an
attempt to | 8 |
| commit such offense; or
| 9 |
| (d) is the subject of a finding not resulting in an | 10 |
| acquittal at a
hearing conducted pursuant to Section | 11 |
| 104-25(a) of the Code of Criminal
Procedure of 1963 for | 12 |
| the alleged commission or attempted commission of such
| 13 |
| offense; or
| 14 |
| (e) is found not guilty by reason of insanity | 15 |
| following a hearing
conducted pursuant to a federal, | 16 |
| Uniform Code of Military Justice, sister
state, or | 17 |
| foreign country law
substantially similar to Section | 18 |
| 104-25(c) of the Code of Criminal Procedure
of 1963 of | 19 |
| such offense or of the attempted commission of such | 20 |
| offense; or
| 21 |
| (f) is the subject of a finding not resulting in an | 22 |
| acquittal at a
hearing conducted pursuant to a federal, | 23 |
| Uniform Code of Military Justice,
sister state, or | 24 |
| foreign country law
substantially similar to Section | 25 |
| 104-25(a) of the Code of Criminal Procedure
of 1963 for | 26 |
| the alleged violation or attempted commission of such |
|
|
|
HB1979 Enrolled |
- 22 - |
LRB095 09506 RLC 29704 b |
|
| 1 |
| offense;
or
| 2 |
| (2) certified as a sexually dangerous person pursuant | 3 |
| to the Illinois
Sexually Dangerous Persons Act, or any | 4 |
| substantially similar federal, Uniform
Code of Military | 5 |
| Justice, sister
state, or foreign country law; or
| 6 |
| (3) subject to the provisions of Section 2 of the | 7 |
| Interstate
Agreements on Sexually Dangerous Persons Act; | 8 |
| or
| 9 |
| (4) found to be a sexually violent person pursuant to | 10 |
| the Sexually
Violent Persons Commitment Act or any | 11 |
| substantially similar federal, Uniform
Code of Military | 12 |
| Justice, sister
state, or foreign country law; or
| 13 |
| (5) adjudicated a juvenile delinquent as the result of | 14 |
| committing or
attempting to commit an act which, if | 15 |
| committed by an adult, would constitute
any of the offenses | 16 |
| specified in item (B), (C), or (C-5) of this Section or a
| 17 |
| violation of any substantially similar federal, Uniform | 18 |
| Code of Military
Justice, sister state, or foreign
country | 19 |
| law, or found guilty under Article V of the Juvenile Court | 20 |
| Act of 1987
of committing or attempting to commit an act | 21 |
| which, if committed by an adult,
would constitute any of | 22 |
| the offenses specified in item (B), (C), or (C-5) of
this | 23 |
| Section or a violation of any substantially similar | 24 |
| federal, Uniform Code
of Military Justice, sister state,
or | 25 |
| foreign country law.
| 26 |
| Convictions that result from or are connected with the same |
|
|
|
HB1979 Enrolled |
- 23 - |
LRB095 09506 RLC 29704 b |
|
| 1 |
| act, or result
from offenses committed at the same time, shall | 2 |
| be counted for the purpose of
this Article as one conviction. | 3 |
| Any conviction set aside pursuant to law is
not a conviction | 4 |
| for purposes of this Article.
| 5 |
|
For purposes of this Section, "convicted" shall have the | 6 |
| same meaning as
"adjudicated". For the purposes of this | 7 |
| Article, a person who is defined as a sex offender as a result | 8 |
| of being adjudicated a juvenile delinquent under paragraph (5) | 9 |
| of this subsection (A) upon attaining 17 years of age shall be | 10 |
| considered as having committed the sex offense on or after the | 11 |
| sex offender's 17th birthday. Registration of juveniles upon | 12 |
| attaining 17 years of age shall not extend the original | 13 |
| registration of 10 years from the date of conviction.
| 14 |
| (B) As used in this Article, "sex offense" means:
| 15 |
| (1) A violation of any of the following Sections of the | 16 |
| Criminal Code of
1961:
| 17 |
| 11-20.1 (child pornography),
| 18 |
| 11-6 (indecent solicitation of a child),
| 19 |
| 11-9.1 (sexual exploitation of a child),
| 20 |
| 11-9.2 (custodial sexual misconduct),
| 21 |
| 11-9.5 (sexual misconduct with a person with a | 22 |
| disability),
| 23 |
| 11-15.1 (soliciting for a juvenile prostitute),
| 24 |
| 11-18.1 (patronizing a juvenile prostitute),
| 25 |
| 11-17.1 (keeping a place of juvenile | 26 |
| prostitution),
|
|
|
|
HB1979 Enrolled |
- 24 - |
LRB095 09506 RLC 29704 b |
|
| 1 |
| 11-19.1 (juvenile pimping),
| 2 |
| 11-19.2 (exploitation of a child),
| 3 |
| 12-13 (criminal sexual assault),
| 4 |
| 12-14 (aggravated criminal sexual assault),
| 5 |
| 12-14.1 (predatory criminal sexual assault of a | 6 |
| child),
| 7 |
| 12-15 (criminal sexual abuse),
| 8 |
| 12-16 (aggravated criminal sexual abuse),
| 9 |
| 12-33 (ritualized abuse of a child).
| 10 |
| An attempt to commit any of these offenses.
| 11 |
| (1.5)
A violation of any of the following Sections of | 12 |
| the
Criminal Code of 1961, when the victim is a person | 13 |
| under 18 years of age, the
defendant is not a parent of the | 14 |
| victim, the offense was sexually motivated as defined in | 15 |
| Section 10 of the Sex Offender Management Board Act, and | 16 |
| the offense was committed on or
after January 1, 1996:
| 17 |
| 10-1 (kidnapping),
| 18 |
| 10-2 (aggravated kidnapping),
| 19 |
| 10-3 (unlawful restraint),
| 20 |
| 10-3.1 (aggravated unlawful restraint).
| 21 |
| (1.6)
First degree murder under Section 9-1 of the | 22 |
| Criminal Code of 1961,
when the victim was a person under | 23 |
| 18 years of age and the defendant was at least
17 years of | 24 |
| age at the time of the commission of the offense, provided | 25 |
| the offense was sexually motivated as defined in Section 10 | 26 |
| of the Sex Offender Management Board Act.
|
|
|
|
HB1979 Enrolled |
- 25 - |
LRB095 09506 RLC 29704 b |
|
| 1 |
| (1.7) (Blank).
| 2 |
| (1.8) A violation or attempted violation of Section | 3 |
| 11-11 (sexual
relations within families) of the Criminal | 4 |
| Code of 1961, and the offense was committed on or after
| 5 |
| June 1, 1997.
| 6 |
| (1.9) Child abduction under paragraph (10) of | 7 |
| subsection
(b) of Section 10-5 of the Criminal Code of 1961 | 8 |
| committed by luring or
attempting to lure a child under the | 9 |
| age of 16 into a motor vehicle, building,
house trailer, or | 10 |
| dwelling place without the consent of the parent or lawful
| 11 |
| custodian of the child for other than a lawful purpose and | 12 |
| the offense was
committed on or after January 1, 1998, | 13 |
| provided the offense was sexually motivated as defined in | 14 |
| Section 10 of the Sex Offender Management Board Act.
| 15 |
| (1.10) A violation or attempted violation of any of the | 16 |
| following Sections
of the Criminal Code of 1961 when the | 17 |
| offense was committed on or after July
1, 1999:
| 18 |
| 10-4 (forcible detention, if the victim is under 18 | 19 |
| years of age), provided the offense was sexually | 20 |
| motivated as defined in Section 10 of the Sex Offender | 21 |
| Management Board Act,
| 22 |
| 11-6.5 (indecent solicitation of an adult),
| 23 |
| 11-15 (soliciting for a prostitute, if the victim | 24 |
| is under 18 years
of age),
| 25 |
| 11-16 (pandering, if the victim is under 18 years | 26 |
| of age),
|
|
|
|
HB1979 Enrolled |
- 26 - |
LRB095 09506 RLC 29704 b |
|
| 1 |
| 11-18 (patronizing a prostitute, if the victim is | 2 |
| under 18 years
of age),
| 3 |
| 11-19 (pimping, if the victim is under 18 years of | 4 |
| age).
| 5 |
| (1.11) A violation or attempted violation of any of the | 6 |
| following
Sections of the Criminal Code of 1961 when the | 7 |
| offense was committed on or
after August 22, 2002:
| 8 |
| 11-9 (public indecency for a third or subsequent | 9 |
| conviction).
| 10 |
| (1.12) A violation or attempted violation of Section
| 11 |
| 5.1 of the Wrongs to Children Act (permitting sexual abuse) | 12 |
| when the
offense was committed on or after August 22, 2002.
| 13 |
| (2) A violation of any former law of this State | 14 |
| substantially equivalent
to any offense listed in | 15 |
| subsection (B) of this Section.
| 16 |
| (C) A conviction for an offense of federal law, Uniform | 17 |
| Code of Military
Justice, or the law of another state
or a | 18 |
| foreign country that is substantially equivalent to any offense | 19 |
| listed
in subsections (B), (C), and (E) of this Section shall
| 20 |
| constitute a
conviction for the purpose
of this Article. A | 21 |
| finding or adjudication as a sexually dangerous person
or a | 22 |
| sexually violent person under any federal law, Uniform Code of | 23 |
| Military
Justice, or the law of another state or
foreign | 24 |
| country that is substantially equivalent to the Sexually | 25 |
| Dangerous
Persons Act or the Sexually Violent Persons | 26 |
| Commitment Act shall constitute an
adjudication for the |
|
|
|
HB1979 Enrolled |
- 27 - |
LRB095 09506 RLC 29704 b |
|
| 1 |
| purposes of this Article.
| 2 |
| (C-5) A person at least 17 years of age at the time of the | 3 |
| commission of
the offense who is convicted of first degree | 4 |
| murder under Section 9-1 of the
Criminal Code of 1961, against | 5 |
| a person
under 18 years of age, shall be required to register
| 6 |
| for natural life.
A conviction for an offense of federal, | 7 |
| Uniform Code of Military Justice,
sister state, or foreign | 8 |
| country law that is substantially equivalent to any
offense | 9 |
| listed in subsection (C-5) of this Section shall constitute a
| 10 |
| conviction for the purpose of this Article. This subsection | 11 |
| (C-5) applies to a person who committed the offense before June | 12 |
| 1, 1996 only if the person is incarcerated in an Illinois | 13 |
| Department of Corrections facility on August 20, 2004 (the | 14 |
| effective date of Public Act 93-977).
| 15 |
| (D) As used in this Article, "law enforcement agency having | 16 |
| jurisdiction"
means the Chief of Police in each of the | 17 |
| municipalities in which the sex offender
expects to reside, | 18 |
| work, or attend school (1) upon his or her discharge,
parole or | 19 |
| release or
(2) during the service of his or her sentence of | 20 |
| probation or conditional
discharge, or the Sheriff of the | 21 |
| county, in the event no Police Chief exists
or if the offender | 22 |
| intends to reside, work, or attend school in an
unincorporated | 23 |
| area.
"Law enforcement agency having jurisdiction" includes | 24 |
| the location where
out-of-state students attend school and | 25 |
| where out-of-state employees are
employed or are otherwise | 26 |
| required to register.
|
|
|
|
HB1979 Enrolled |
- 28 - |
LRB095 09506 RLC 29704 b |
|
| 1 |
| (D-1) As used in this Article, "supervising officer" means | 2 |
| the assigned Illinois Department of Corrections parole agent or | 3 |
| county probation officer. | 4 |
| (E) As used in this Article, "sexual predator" means any | 5 |
| person who,
after July 1, 1999, is:
| 6 |
| (1) Convicted for an offense of federal, Uniform Code | 7 |
| of Military
Justice, sister state, or foreign country law | 8 |
| that is substantially equivalent
to any offense listed in | 9 |
| subsection (E) of this Section shall constitute a
| 10 |
| conviction for the purpose of this Article.
Convicted of a | 11 |
| violation or attempted violation of any of the following
| 12 |
| Sections of the
Criminal Code of 1961, if the conviction | 13 |
| occurred after July
1, 1999:
| 14 |
|
| 15 |
| 11-17.1 (keeping a place of juvenile | 16 |
| prostitution),
| 17 |
| 11-19.1 (juvenile pimping),
| 18 |
| 11-19.2 (exploitation of a child),
| 19 |
| 11-20.1 (child pornography),
| 20 |
| 12-13 (criminal sexual assault),
| 21 |
| 12-14 (aggravated criminal sexual assault),
| 22 |
| 12-14.1 (predatory criminal sexual assault of a | 23 |
| child),
| 24 |
| 12-16 (aggravated criminal sexual abuse),
| 25 |
| 12-33 (ritualized abuse of a child); or
| 26 |
| (2) (blank); or
|
|
|
|
HB1979 Enrolled |
- 29 - |
LRB095 09506 RLC 29704 b |
|
| 1 |
| (3) certified as a sexually dangerous person pursuant | 2 |
| to the Sexually
Dangerous Persons Act or any substantially | 3 |
| similar federal, Uniform Code of
Military Justice, sister | 4 |
| state, or
foreign country law; or
| 5 |
| (4) found to be a sexually violent person pursuant to | 6 |
| the Sexually Violent
Persons Commitment Act or any | 7 |
| substantially similar federal, Uniform Code of
Military | 8 |
| Justice, sister state, or
foreign country law; or
| 9 |
| (5) convicted of a second or subsequent offense which | 10 |
| requires
registration pursuant to this Act. The conviction | 11 |
| for the second or subsequent
offense must have occurred | 12 |
| after July 1, 1999. For purposes of this paragraph
(5), | 13 |
| "convicted" shall include a conviction under any
| 14 |
| substantially similar
Illinois, federal, Uniform Code of | 15 |
| Military Justice, sister state, or
foreign country law ; or
| 16 |
| .
| 17 |
| (6) convicted of a second or subsequent offense of | 18 |
| luring a minor under Section 10-5.1 of the Criminal Code of | 19 |
| 1961.
| 20 |
| (F) As used in this Article, "out-of-state student" means | 21 |
| any sex
offender, as defined in this Section,
or sexual | 22 |
| predator who is enrolled in Illinois, on a full-time or | 23 |
| part-time
basis, in any public or private educational | 24 |
| institution, including, but not
limited to, any secondary | 25 |
| school, trade or professional institution, or
institution of | 26 |
| higher learning.
|
|
|
|
HB1979 Enrolled |
- 30 - |
LRB095 09506 RLC 29704 b |
|
| 1 |
| (G) As used in this Article, "out-of-state employee" means | 2 |
| any sex
offender, as defined in this Section,
or sexual | 3 |
| predator who works in Illinois, regardless of whether the | 4 |
| individual
receives payment for services performed, for a | 5 |
| period of time of 10 or more days
or for an aggregate period of | 6 |
| time of 30 or more days
during any calendar year.
Persons who | 7 |
| operate motor vehicles in the State accrue one day of | 8 |
| employment
time for any portion of a day spent in Illinois.
| 9 |
| (H) As used in this Article, "school" means any public or | 10 |
| private educational institution, including, but not limited | 11 |
| to, any elementary or secondary school, trade or professional | 12 |
| institution, or institution of higher education. | 13 |
| (I) As used in this Article, "fixed residence" means any | 14 |
| and all places that a sex offender resides for an aggregate | 15 |
| period of time of 5 or more days in a calendar year.
| 16 |
| (Source: P.A. 93-977, eff. 8-20-04; 93-979, eff. 8-20-04; | 17 |
| 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-945, eff. 6-27-06; | 18 |
| 94-1053, eff. 7-24-06; revised 8-3-06.)
|
|
|
|
HB1979 Enrolled |
- 31 - |
LRB095 09506 RLC 29704 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 720 ILCS 5/10-5 |
from Ch. 38, par. 10-5 |
| 4 |
| 720 ILCS 5/10-5.1 new |
|
| 5 |
| 730 ILCS 5/3-6-3 |
from Ch. 38, par. 1003-6-3 |
| 6 |
| 730 ILCS 150/2 |
from Ch. 38, par. 222 |
| |
|