State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 002 ]

90_HB0163ham001

                                             LRB9001131RCksam
 1                     AMENDMENT TO HOUSE BILL 163
 2        AMENDMENT NO.     .  Amend House Bill 163 on page  1,  by
 3    deleting lines 18 and 19; and
 4    on  page  1,  by  replacing  lines  21  through  30  with the
 5    following:
 6        "(725 ILCS 205/3) (from Ch. 38, par. 105-3)
 7        Sec. 3. Petition.
 8        (a)  When any person has been:
 9             (1)  charged  pursuant  to  Illinois  law,  or   any
10        substantially  similar  federal  law  or  law  under this
11        State, with a criminal offense or the attempt to commit a
12        criminal offense, or;
13             (2)  is  convicted  of  a  criminal  offense  or  an
14        attempt to commit a criminal offense and is about  to  be
15        released; or
16             (3)  is  found not guilty by reason of insanity of a
17        criminal offense or  an  attempt  to  commit  a  criminal
18        offense and is about to be released; or
19             (4)  is  found  not  guilty  by  reason  of insanity
20        pursuant to Section 104-25(c) of  the  Code  of  Criminal
21        Procedure  of 1963 of a criminal offense or an attempt to
22        commit a criminal offense and is about to be released; or
                            -2-              LRB9001131RCksam
 1             (5)  is the subject of a finding not resulting in an
 2        acquittal at a  hearing  conducted  pursuant  to  Section
 3        104-25(a)  of  the Code of Criminal Procedure of 1963 for
 4        the alleged  commission  or  attempted  commission  of  a
 5        criminal offense and is about to be released; or
 6             (6)  is  found  not  guilty  by  reason  of insanity
 7        following a hearing conducted pursuant to  a  federal  or
 8        sister   state   law  substantially  similar  to  Section
 9        104-25(c) of the Code of Criminal Procedure of 1963 of  a
10        criminal  offense  or  of  the  attempted commission of a
11        criminal offense and is about to be released; or
12             (7)  is the subject of a finding not resulting in an
13        acquittal at a hearing conducted pursuant  to  a  federal
14        law  or  law  of  another  state substantially similar to
15        Section 104-25(a) of the Code of  Criminal  Procedure  of
16        1963 for the alleged violation or attempted commission of
17        a criminal offense and is about to be released; or
18             (8)  is adjudicated a delinquent minor; and
19        (b)  it  shall  appear  to the Attorney General or to the
20    State's Attorney  of  the  county  where  the  person  is  as
21    described  in any of paragraphs (1) through (8) of subsection
22    (a), that the person is a sexually dangerous  person,  within
23    the meaning of this Act; then the Attorney General or State's
24    Attorney  of that county may file with the clerk of the court
25    in the same proceeding where the person stands charged with a
26    criminal offense or in a separate proceeding, if  the  person
27    has  been  convicted of a criminal offense or as described in
28    any paragraphs (1) through (8) of subsection (a), a  petition
29    in  writing  setting  forth  facts  tending  to show that the
30    person named is a sexually dangerous person. When any  person
31    is charged with a criminal offense and it shall appear to the
32    Attorney  General  or  to  the State's Attorney of the county
33    wherein such person is so charged,  that  such  person  is  a
34    sexually  dangerous  person,  within the meaning of this Act,
                            -3-              LRB9001131RCksam
 1    then the Attorney General or State's Attorney of such  county
 2    may  file  with the clerk of the court in the same proceeding
 3    wherein such person stands charged with criminal  offense,  a
 4    petition  in writing setting forth facts tending to show that
 5    the person named is a sexually dangerous person.
 6    (Source: Laws 1955, p. 1144.)"; and
 7    on page 2, by deleting lines 1 through 19.

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