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90_HB2178
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Amends the State Finance Act to create the LEADS
Maintenance Fund and the State Offender DNA Identification
System Fund. Amends the Unified Code of Corrections to
provide that persons required to submit blood for genetic
marker grouping shall pay a fee of $500 into the State
Offender DNA Identification System Fund. Provides that an
additional penalty of $5 (now $4) for each $40 shall be added
to fines for certain offenses and the $1 additional penalty
shall be deposited into the LEADS Maintenance Fund. Amends
the Civil Administrative Code of Illinois to provide that the
Department of State Police may use the LEADS Maintenance Fund
to maintain the Law Enforcement Agencies Data System and may
use the system to provide information to authorized entities.
Amends the Illinois Purchasing Act. Provides that no person
or business entity convicted of a felony shall do business
with the State from the date of conviction until 5 years (now
one year) after the date of completion of the sentence.
Amends the Firearm Owners Identification Card Act. Provides
that the Department of State Police may deny an application
for or revoke and seize a firearm owner's identification card
if the Department finds that the applicant or card holder is
prohibited from acquiring or possessing a firearm or
ammunition by any Illinois or federal law. Changes the name
of the Division of Forensic Services and Identification to
the Division of Forensic Services and makes corresponding
changes to references to the Division in the Unified Code of
Corrections and the Code of Criminal Procedure of 1963.
LRB9002364PTcw
LRB9002364PTcw
1 AN ACT concerning government administration, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Civil Administrative Code of Illinois is
6 amended by changing Section 55a, 55a-1, and 55a-4 as follows:
7 (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
8 Sec. 55a. Powers and duties.
9 (A) The Department of State Police shall have the
10 following powers and duties, and those set forth in Sections
11 55a-1 through 55c:
12 1. To exercise the rights, powers and duties which have
13 been vested in the Department of Public Safety by the State
14 Police Act.
15 2. To exercise the rights, powers and duties which have
16 been vested in the Department of Public Safety by the State
17 Police Radio Act.
18 3. To exercise the rights, powers and duties which have
19 been vested in the Department of Public Safety by the
20 Criminal Identification Act.
21 4. To (a) investigate the origins, activities, personnel
22 and incidents of crime and the ways and means to redress the
23 victims of crimes, and study the impact, if any, of
24 legislation relative to the effusion of crime and growing
25 crime rates, and enforce the criminal laws of this State
26 related thereto, (b) enforce all laws regulating the
27 production, sale, prescribing, manufacturing, administering,
28 transporting, having in possession, dispensing, delivering,
29 distributing, or use of controlled substances and cannabis,
30 (c) employ skilled experts, scientists, technicians,
31 investigators or otherwise specially qualified persons to aid
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1 in preventing or detecting crime, apprehending criminals, or
2 preparing and presenting evidence of violations of the
3 criminal laws of the State, (d) cooperate with the police of
4 cities, villages and incorporated towns, and with the police
5 officers of any county, in enforcing the laws of the State
6 and in making arrests and recovering property, (e) apprehend
7 and deliver up any person charged in this State or any other
8 State of the United States with treason, felony, or other
9 crime, who has fled from justice and is found in this State,
10 and (f) conduct such other investigations as may be provided
11 by law. Persons exercising these powers within the Department
12 are conservators of the peace and as such have all the powers
13 possessed by policemen in cities and sheriffs, except that
14 they may exercise such powers anywhere in the State in
15 cooperation with and after contact with the local law
16 enforcement officials. Such persons may use false or
17 fictitious names in the performance of their duties under
18 this paragraph, upon approval of the Director, and shall not
19 be subject to prosecution under the criminal laws for such
20 use.
21 5. To: (a) be a central repository and custodian of
22 criminal statistics for the State, (b) be a central
23 repository for criminal history record information, (c)
24 procure and file for record such information as is necessary
25 and helpful to plan programs of crime prevention, law
26 enforcement and criminal justice, (d) procure and file for
27 record such copies of fingerprints, as may be required by
28 law, (e) establish general and field crime laboratories, (f)
29 register and file for record such information as may be
30 required by law for the issuance of firearm owner's
31 identification cards, (g) employ polygraph operators,
32 laboratory technicians and other specially qualified persons
33 to aid in the identification of criminal activity, and (h)
34 undertake such other identification, information, laboratory,
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1 statistical or registration activities as may be required by
2 law.
3 6. To (a) acquire and operate one or more radio
4 broadcasting stations in the State to be used for police
5 purposes, (b) operate a statewide communications network to
6 gather and disseminate information for law enforcement
7 agencies, (c) operate an electronic data processing and
8 computer center for the storage and retrieval of data
9 pertaining to criminal activity, and (d) undertake such other
10 communication activities as may be required by law.
11 7. To provide, as may be required by law, assistance to
12 local law enforcement agencies through (a) training,
13 management and consultant services for local law enforcement
14 agencies, and (b) the pursuit of research and the publication
15 of studies pertaining to local law enforcement activities.
16 8. To exercise the rights, powers and duties which have
17 been vested in the Department of State Police and the
18 Director of the Department of State Police by the Narcotic
19 Control Division Abolition Act.
20 9. To exercise the rights, powers and duties which have
21 been vested in the Department of Public Safety by the
22 Illinois Vehicle Code.
23 10. To exercise the rights, powers and duties which have
24 been vested in the Department of Public Safety by the Firearm
25 Owners Identification Card Act.
26 11. To enforce and administer such other laws in
27 relation to law enforcement as may be vested in the
28 Department.
29 12. To transfer jurisdiction of any realty title to
30 which is held by the State of Illinois under the control of
31 the Department to any other department of the State
32 government or to the State Employees Housing Commission, or
33 to acquire or accept Federal land, when such transfer,
34 acquisition or acceptance is advantageous to the State and is
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1 approved in writing by the Governor.
2 13. With the written approval of the Governor, to enter
3 into agreements with other departments created by this Act,
4 for the furlough of inmates of the penitentiary to such other
5 departments for their use in research programs being
6 conducted by them.
7 For the purpose of participating in such research
8 projects, the Department may extend the limits of any
9 inmate's place of confinement, when there is reasonable cause
10 to believe that the inmate will honor his or her trust by
11 authorizing the inmate, under prescribed conditions, to leave
12 the confines of the place unaccompanied by a custodial agent
13 of the Department. The Department shall make rules governing
14 the transfer of the inmate to the requesting other department
15 having the approved research project, and the return of such
16 inmate to the unextended confines of the penitentiary. Such
17 transfer shall be made only with the consent of the inmate.
18 The willful failure of a prisoner to remain within the
19 extended limits of his or her confinement or to return within
20 the time or manner prescribed to the place of confinement
21 designated by the Department in granting such extension shall
22 be deemed an escape from custody of the Department and
23 punishable as provided in Section 3-6-4 of the Unified Code
24 of Corrections.
25 14. To provide investigative services, with all of the
26 powers possessed by policemen in cities and sheriffs, in and
27 around all race tracks subject to the Horse Racing Act of
28 1975.
29 15. To expend such sums as the Director deems necessary
30 from Contractual Services appropriations for the Division of
31 Criminal Investigation for the purchase of evidence and for
32 the employment of persons to obtain evidence. Such sums shall
33 be advanced to agents authorized by the Director to expend
34 funds, on vouchers signed by the Director.
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1 16. To assist victims and witnesses in gang crime
2 prosecutions through the administration of funds appropriated
3 from the Gang Violence Victims and Witnesses Fund to the
4 Department. Such funds shall be appropriated to the
5 Department and shall only be used to assist victims and
6 witnesses in gang crime prosecutions and such assistance may
7 include any of the following:
8 (a) temporary living costs;
9 (b) moving expenses;
10 (c) closing costs on the sale of private residence;
11 (d) first month's rent;
12 (e) security deposits;
13 (f) apartment location assistance;
14 (g) other expenses which the Department considers
15 appropriate; and
16 (h) compensation for any loss of or injury to real
17 or personal property resulting from a gang crime to a
18 maximum of $5,000, subject to the following provisions:
19 (1) in the case of loss of property, the
20 amount of compensation shall be measured by the
21 replacement cost of similar or like property which
22 has been incurred by and which is substantiated by
23 the property owner,
24 (2) in the case of injury to property, the
25 amount of compensation shall be measured by the cost
26 of repair incurred and which can be substantiated by
27 the property owner,
28 (3) compensation under this provision is a
29 secondary source of compensation and shall be
30 reduced by any amount the property owner receives
31 from any other source as compensation for the loss
32 or injury, including, but not limited to, personal
33 insurance coverage,
34 (4) no compensation may be awarded if the
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1 property owner was an offender or an accomplice of
2 the offender, or if the award would unjustly benefit
3 the offender or offenders, or an accomplice of the
4 offender or offenders.
5 No victim or witness may receive such assistance if he or
6 she is not a part of or fails to fully cooperate in the
7 prosecution of gang crime members by law enforcement
8 authorities.
9 The Department shall promulgate any rules necessary for
10 the implementation of this amendatory Act of 1985.
11 17. To conduct arson investigations.
12 18. To develop a separate statewide statistical police
13 contact record keeping system for the study of juvenile
14 delinquency. The records of this police contact system shall
15 be limited to statistical information. No individually
16 identifiable information shall be maintained in the police
17 contact statistical record system.
18 19. To develop a separate statewide central adjudicatory
19 and dispositional records system for persons under 19 years
20 of age who have been adjudicated delinquent minors and to
21 make information available to local registered participating
22 police youth officers so that police youth officers will be
23 able to obtain rapid access to the juvenile's background from
24 other jurisdictions to the end that the police youth officers
25 can make appropriate dispositions which will best serve the
26 interest of the child and the community. Information
27 maintained in the adjudicatory and dispositional record
28 system shall be limited to the incidents or offenses for
29 which the minor was adjudicated delinquent by a court, and a
30 copy of the court's dispositional order. All individually
31 identifiable records in the adjudicatory and dispositional
32 records system shall be destroyed when the person reaches 19
33 years of age.
34 20. To develop rules which guarantee the confidentiality
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1 of such individually identifiable adjudicatory and
2 dispositional records except when used for the following:
3 (a) by authorized juvenile court personnel or the
4 State's Attorney in connection with proceedings under the
5 Juvenile Court Act of 1987; or
6 (b) inquiries from registered police youth
7 officers.
8 For the purposes of this Act "police youth officer" means
9 a member of a duly organized State, county or municipal
10 police force who is assigned by his or her Superintendent,
11 Sheriff or chief of police, as the case may be, to specialize
12 in youth problems.
13 21. To develop administrative rules and administrative
14 hearing procedures which allow a minor, his or her attorney,
15 and his or her parents or guardian access to individually
16 identifiable adjudicatory and dispositional records for the
17 purpose of determining or challenging the accuracy of the
18 records. Final administrative decisions shall be subject to
19 the provisions of the Administrative Review Law.
20 22. To charge, collect, and receive fees or moneys
21 equivalent to the cost of providing Department of State
22 Police personnel, equipment, and services to local
23 governmental agencies when explicitly requested by a local
24 governmental agency and pursuant to an intergovernmental
25 agreement as provided by this Section, other State agencies,
26 and federal agencies, including but not limited to fees or
27 moneys equivalent to the cost of providing dispatching
28 services, radio and radar repair, and training to local
29 governmental agencies on such terms and conditions as in the
30 judgment of the Director are in the best interest of the
31 State; and to establish, charge, collect and receive fees or
32 moneys based on the cost of providing responses to requests
33 for criminal history record information pursuant to positive
34 identification and any Illinois or federal law authorizing
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1 access to some aspect of such information and to prescribe
2 the form and manner for requesting and furnishing such
3 information to the requestor on such terms and conditions as
4 in the judgment of the Director are in the best interest of
5 the State, provided fees for requesting and furnishing
6 criminal history record information may be waived for
7 requests in the due administration of the criminal laws. The
8 Department may also charge, collect and receive fees or
9 moneys equivalent to the cost of providing electronic data
10 processing lines or related telecommunication services to
11 local governments, but only when such services can be
12 provided by the Department at a cost less than that
13 experienced by said local governments through other means.
14 All services provided by the Department shall be conducted
15 pursuant to contracts in accordance with the
16 Intergovernmental Cooperation Act, and all telecommunication
17 services shall be provided pursuant to the provisions of
18 Section 67.18 of this Code.
19 All fees received by the Department of State Police under
20 this Act or the Illinois Uniform Conviction Information Act
21 shall be deposited in a special fund in the State Treasury to
22 be known as the State Police Services Fund. The money
23 deposited in the State Police Services Fund shall be
24 appropriated to the Department of State Police for expenses
25 of the Department of State Police.
26 In addition to any other permitted use of moneys in the
27 Fund, and notwithstanding any restriction on the use of the
28 Fund, moneys in the State Police Services Fund may be
29 transferred to the General Revenue Fund as authorized by this
30 amendatory Act of 1992. The General Assembly finds that an
31 excess of moneys exists in the Fund. On February 1, 1992,
32 the Comptroller shall order transferred and the Treasurer
33 shall transfer $500,000 (or such lesser amount as may be on
34 deposit in the Fund and unexpended and unobligated on that
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1 date) from the Fund to the General Revenue Fund.
2 Upon the completion of any audit of the Department of
3 State Police as prescribed by the Illinois State Auditing
4 Act, which audit includes an audit of the State Police
5 Services Fund, the Department of State Police shall make the
6 audit open to inspection by any interested person.
7 23. To exercise the powers and perform the duties which
8 have been vested in the Department of State Police by the
9 Intergovernmental Missing Child Recovery Act of 1984, and to
10 establish reasonable rules and regulations necessitated
11 thereby.
12 24. (a) To establish and maintain a statewide Law
13 Enforcement Agencies Data System (LEADS) for the purpose of
14 providing electronic access by authorized entities to
15 criminal justice data repositories and effecting an immediate
16 law enforcement response to reports of missing persons,
17 including lost, missing or runaway minors. The Department
18 shall implement an automatic data exchange system to compile,
19 to maintain and to make available to other law enforcement
20 agencies for immediate dissemination data which can assist
21 appropriate agencies in recovering missing persons and
22 provide access by authorized entities to various data
23 repositories available through LEADS for criminal justice and
24 related purposes. To help assist the Department in this
25 effort, funds may be appropriated from the LEADS Maintenance
26 Fund.
27 (b) In exercising its duties under this subsection, the
28 Department shall:
29 (1) provide a uniform reporting format for the
30 entry of pertinent information regarding the report of a
31 missing person into LEADS;
32 (2) develop and implement a policy whereby a
33 statewide or regional alert would be used in situations
34 relating to the disappearances of individuals, based on
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1 criteria and in a format established by the Department.
2 Such a format shall include, but not be limited to, the
3 age of the missing person and the suspected circumstance
4 of the disappearance;
5 (3) notify all law enforcement agencies that
6 reports of missing persons shall be entered as soon as
7 the minimum level of data specified by the Department is
8 available to the reporting agency, and that no waiting
9 period for the entry of such data exists;
10 (4) compile and retain information regarding lost,
11 abducted, missing or runaway minors in a separate data
12 file, in a manner that allows such information to be used
13 by law enforcement and other agencies deemed appropriate
14 by the Director, for investigative purposes. Such
15 information shall include the disposition of all reported
16 lost, abducted, missing or runaway minor cases;
17 (5) compile and maintain an historic data
18 repository relating to lost, abducted, missing or runaway
19 minors and other missing persons in order to develop and
20 improve techniques utilized by law enforcement agencies
21 when responding to reports of missing persons; and
22 (6) create a quality control program regarding
23 confirmation of missing person data, timeliness of
24 entries of missing person reports into LEADS and
25 performance audits of all entering agencies.
26 25. On request of a school board or regional
27 superintendent of schools, to conduct an inquiry pursuant to
28 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
29 an applicant for employment in a school district has been
30 convicted of any criminal or drug offenses enumerated in
31 Section 10-21.9 or 34-18.5 of the School Code. The
32 Department shall furnish such conviction information to the
33 President of the school board of the school district which
34 has requested the information, or if the information was
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1 requested by the regional superintendent to that regional
2 superintendent.
3 26. To promulgate rules and regulations necessary for
4 the administration and enforcement of its powers and duties,
5 wherever granted and imposed, pursuant to the Illinois
6 Administrative Procedure Act.
7 27. To (a) promulgate rules pertaining to the
8 certification, revocation of certification and training of
9 law enforcement officers as electronic criminal surveillance
10 officers, (b) provide training and technical assistance to
11 State's Attorneys and local law enforcement agencies
12 pertaining to the interception of private oral
13 communications, (c) promulgate rules necessary for the
14 administration of Article 108B of the Code of Criminal
15 Procedure of 1963, including but not limited to standards for
16 recording and minimization of electronic criminal
17 surveillance intercepts, documentation required to be
18 maintained during an intercept, procedures in relation to
19 evidence developed by an intercept, and (d) charge a
20 reasonable fee to each law enforcement agency that sends
21 officers to receive training as electronic criminal
22 surveillance officers.
23 28. Upon the request of any private organization which
24 devotes a major portion of its time to the provision of
25 recreational, social, educational or child safety services to
26 children, to conduct, pursuant to positive identification,
27 criminal background investigations of all of that
28 organization's current employees, current volunteers,
29 prospective employees or prospective volunteers charged with
30 the care and custody of children during the provision of the
31 organization's services, and to report to the requesting
32 organization any record of convictions maintained in the
33 Department's files about such persons. The Department shall
34 charge an application fee, based on actual costs, for the
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1 dissemination of conviction information pursuant to this
2 subsection. The Department is empowered to establish this
3 fee and shall prescribe the form and manner for requesting
4 and furnishing conviction information pursuant to this
5 subsection. Information received by the organization from the
6 Department concerning an individual shall be provided to such
7 individual. Any such information obtained by the
8 organization shall be confidential and may not be transmitted
9 outside the organization and may not be transmitted to anyone
10 within the organization except as needed for the purpose of
11 evaluating the individual. Only information and standards
12 which bear a reasonable and rational relation to the
13 performance of child care shall be used by the organization.
14 Any employee of the Department or any member, employee or
15 volunteer of the organization receiving confidential
16 information under this subsection who gives or causes to be
17 given any confidential information concerning any criminal
18 convictions of an individual shall be guilty of a Class A
19 misdemeanor unless release of such information is authorized
20 by this subsection.
21 29. Upon the request of the Department of Children and
22 Family Services, to investigate reports of child abuse or
23 neglect.
24 30. To obtain registration of a fictitious vital record
25 pursuant to Section 15.1 of the Vital Records Act.
26 31. To collect and disseminate information relating to
27 "hate crimes" as defined under Section 12-7.1 of the Criminal
28 Code of 1961 contingent upon the availability of State or
29 Federal funds to revise and upgrade the Illinois Uniform
30 Crime Reporting System. All law enforcement agencies shall
31 report monthly to the Department of State Police concerning
32 such offenses in such form and in such manner as may be
33 prescribed by rules and regulations adopted by the Department
34 of State Police. Such information shall be compiled by the
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1 Department and be disseminated upon request to any local law
2 enforcement agency, unit of local government, or state
3 agency. Dissemination of such information shall be subject
4 to all confidentiality requirements otherwise imposed by law.
5 The Department of State Police shall provide training for
6 State Police officers in identifying, responding to, and
7 reporting all hate crimes. The Illinois Local Governmental
8 Law Enforcement Officer's Training Board shall develop and
9 certify a course of such training to be made available to
10 local law enforcement officers.
11 32. Upon the request of a private carrier company that
12 provides transportation under Section 28b of the Metropolitan
13 Transit Authority Act, to ascertain if an applicant for a
14 driver position has been convicted of any criminal or drug
15 offense enumerated in Section 28b of the Metropolitan Transit
16 Authority Act. The Department shall furnish the conviction
17 information to the private carrier company that requested the
18 information.
19 33. To apply for grants or contracts, receive, expend,
20 allocate, or disburse funds and moneys made available by
21 public or private entities, including, but not limited to,
22 contracts, bequests, grants, or receiving equipment from
23 corporations, foundations, or public or private institutions
24 of higher learning. All funds received by the Department
25 from these sources shall be deposited into the appropriate
26 fund in the State Treasury to be appropriated to the
27 Department for purposes as indicated by the grantor or
28 contractor or, in the case of funds or moneys bequeathed or
29 granted for no specific purpose, for any purpose as deemed
30 appropriate by the Director in administering the
31 responsibilities of the Department.
32 34. Upon the request of the Department of Children and
33 Family Services, the Department of State Police shall provide
34 properly designated employees of the Department of Children
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1 and Family Services with criminal history record information
2 as defined in the Illinois Uniform Conviction Information Act
3 and information maintained in the adjudicatory and
4 dispositional record system as defined in subdivision (A)19
5 of this Section if the Department of Children and Family
6 Services determines the information is necessary to perform
7 its duties under the Abused and Neglected Child Reporting
8 Act, the Child Care Act of 1969, and the Children and Family
9 Services Act. The request shall be in the form and manner
10 specified by the Department of State Police.
11 (B) The Department of State Police may establish and
12 maintain, within the Department of State Police, a Statewide
13 Organized Criminal Gang Database (SWORD) for the purpose of
14 tracking organized criminal gangs and their memberships.
15 Information in the database may include, but not be limited
16 to, the name, last known address, birth date, physical
17 descriptions (such as scars, marks, or tattoos), officer
18 safety information, organized gang affiliation, and entering
19 agency identifier. The Department may develop, in
20 consultation with the Criminal Justice Information Authority,
21 and in a form and manner prescribed by the Department, an
22 automated data exchange system to compile, to maintain, and
23 to make this information electronically available to
24 prosecutors and to other law enforcement agencies. The
25 information may be used by authorized agencies to combat the
26 operations of organized criminal gangs statewide.
27 (C) The Department of State Police may ascertain the
28 number of bilingual police officers and other personnel
29 needed to provide services in a language other than English
30 and may establish, under applicable personnel rules and
31 Department guidelines or through a collective bargaining
32 agreement, a bilingual pay supplement program.
33 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
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1 (20 ILCS 2605/55a-1) (from Ch. 127, par. 55a-1)
2 Sec. 55a-1. The Department of State Police is divided
3 into the Illinois State Police Academy and 5 divisions: the
4 Division of State Troopers, the Division of Criminal
5 Investigation, the Division of Forensic Services and
6 Identification, the Division of Administration, and the
7 Division of Internal Investigation.
8 (Source: P.A. 85-1042.)
9 (20 ILCS 2605/55a-4) (from Ch. 127, par. 55a-4)
10 Sec. 55a-4. The Division of Forensic Services and
11 Identification shall exercise the following functions:
12 1. to exercise the rights, powers and duties vested by
13 law in the Department by "An Act in relation to criminal
14 identification and investigation", approved July 2, 1931, as
15 amended;
16 2. to exercise the rights, powers and duties vested by
17 law in the Department by subsection (5) of Section 55a of
18 this Act;
19 3. to provide assistance to local law enforcement
20 agencies through training, management and consultant
21 services;
22 4. to exercise the rights, powers and duties vested by
23 law in the Department by "An Act relating to the
24 acquisition, possession and transfer of firearms and firearm
25 ammunition and to provide a penalty for the violation thereof
26 and to make an appropriation in connection therewith",
27 approved August 3, 1967, as amended;
28 5. to exercise other duties which may be assigned by the
29 Director in order to fulfill the responsibilities and achieve
30 the purposes of the Department; and
31 6. to establish and operate a forensic science
32 laboratory system, including a forensic toxicological
33 laboratory service, for the purpose of testing specimens
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1 submitted by coroners and other law enforcement officers in
2 their efforts to determine whether alcohol, drugs or
3 poisonous or other toxic substances have been involved in
4 deaths, accidents or illness. Forensic toxicological
5 laboratories shall be established in Springfield, Chicago and
6 elsewhere in the State as needed.
7 (Source: P.A. 85-1209.)
8 Section 10. The State Finance Act is amended by adding
9 Sections 5.449 and 5.450 as follows:
10 (30 ILCS 105/5.449 new)
11 Sec. 5.449. The LEADS Maintenance Fund.
12 (30 ILCS 105/5.450 new)
13 Sec. 5.450. The State Offender DNA Identification System
14 Fund.
15 Section 15. The Illinois Purchasing Act is amended by
16 changing Section 10.3 as follows:
17 (30 ILCS 505/10.3) (from Ch. 127, par. 132.10-3)
18 Sec. 10.3. Unless otherwise provided, no person or
19 business entity convicted of a felony shall do business with
20 the State of Illinois or any State agency from the date of
21 conviction until 5 years 1 year after the date of completion
22 of the sentence for such felony, unless no person held
23 responsible by a prosecutional office for the facts upon
24 which the conviction was based continues to have any
25 involvement with the business entity.
26 (Source: P.A. 86-975; 86-1028; 87-766.)
27 Section 20. The Firearm Owners Identification Card Act is
28 amended by changing Section 8 as follows:
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1 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
2 Sec. 8. The Department of State Police has authority to
3 deny an application for or to revoke and seize a Firearm
4 Owner's Identification Card previously issued under this Act
5 only if the Department finds that the applicant or the person
6 to whom such card was issued is or was at the time of
7 issuance:
8 (a) A person under 21 years of age who has been
9 convicted of a misdemeanor other than a traffic offense or
10 adjudged delinquent;
11 (b) A person under 21 years of age who does not have the
12 written consent of his parent or guardian to acquire and
13 possess firearms and firearm ammunition, or whose parent or
14 guardian has revoked such written consent, or where such
15 parent or guardian does not qualify to have a Firearm Owner's
16 Identification Card;
17 (c) A person convicted of a felony under the laws of
18 this or any other jurisdiction;
19 (d) A person addicted to narcotics;
20 (e) A person who has been a patient of a mental
21 institution within the past 5 years;
22 (f) A person whose mental condition is of such a nature
23 that it poses a clear and present danger to the applicant,
24 any other person or persons or the community;
25 For the purposes of this Section, "mental condition"
26 means a state of mind manifested by violent, suicidal,
27 threatening or assaultive behavior.
28 (g) A person who is mentally retarded;
29 (h) A person who intentionally makes a false statement
30 in the Firearm Owner's Identification Card application;
31 (i) An alien who is unlawfully present in the United
32 States under the laws of the United States;
33 (j) A person who is subject to an existing order of
34 protection prohibiting him or her from possessing a firearm;
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1 or
2 (k) A person who has been convicted within the past 5
3 years of domestic battery, battery, assault, aggravated
4 assault, violation of an order of protection, or a
5 substantially similar offense in another jurisdiction, in
6 which a firearm was used or possessed; or
7 (1) A person who is prohibited from acquiring or
8 possessing firearms or firearm ammunition by any Illinois
9 State statute or by federal law.
10 (Source: P.A. 88-680, eff. 1-1-95; 89-367, eff. 1-1-96.)
11 Section 25. The Code of Criminal Procedure of 1963 is
12 amended by changing Section 115-15 as follows:
13 (725 ILCS 5/115-15)
14 Sec. 115-15. Laboratory reports.
15 (a) In any criminal prosecution for a violation of
16 either the Cannabis Control Act or the Illinois Controlled
17 Substances Act, a laboratory report from the Department of
18 State Police, Division of Forensic Services and
19 Identification, that is signed and sworn to by the person
20 performing an analysis and that states (1) that the substance
21 that is the basis of the alleged violation has been weighed
22 and analyzed, and (2) the person's findings as to the
23 contents, weight and identity of the substance, and (3) that
24 it contains any amount of a controlled substance or cannabis
25 is prima facie evidence of the contents, identity and weight
26 of the substance. Attached to the report shall be a copy of
27 a notarized statement by the signer of the report giving the
28 name of the signer and stating (i) that he or she is an
29 employee of the Department of State Police, Division of
30 Forensic Services and Identification, (ii) the name and
31 location of the laboratory where the analysis was performed,
32 (iii) that performing the analysis is a part of his or her
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1 regular duties, and (iv) that the signer is qualified by
2 education, training and experience to perform the analysis.
3 The signer shall also allege that scientifically accepted
4 tests were performed with due caution and that the evidence
5 was handled in accordance with established and accepted
6 procedures while in the custody of the laboratory.
7 (b) The State's Attorney shall serve a copy of the
8 report on the attorney of record for the accused, or on the
9 accused if he or she has no attorney, before any proceeding
10 in which the report is to be used against the accused other
11 than at a preliminary hearing or grand jury hearing when the
12 report may be used without having been previously served upon
13 the accused.
14 (c) The report shall not be prima facie evidence of the
15 contents, identity, and weight of the substance if the
16 accused or his or her attorney demands the testimony of the
17 person signing the report by serving the demand upon the
18 State's Attorney within 7 days from the accused or his or her
19 attorney's receipt of the report.
20 (Source: P.A. 88-137.)
21 Section 30. The Unified Code of Corrections is amended
22 by changing Sections 5-4-3 and 5-9-1 as follows:
23 (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
24 Sec. 5-4-3. Persons convicted of, or found delinquent
25 for, sexual offenses or institutionalized as found sexually
26 dangerous; blood specimens; genetic marker groups tests
27 required.
28 (a) Any person convicted of, found delinquent for, or
29 who received a disposition of court supervision for, a sexual
30 offense or attempt of a sexual offense or institutionalized
31 as a sexually dangerous person under the Sexually Dangerous
32 Persons Act shall, regardless of the sentence or disposition
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1 imposed, be required to submit specimens of blood to the
2 Illinois Department of State Police in accordance with the
3 provisions of this Section, provided such person is:
4 (1) convicted of a sexual offense or attempt of a
5 sexual offense on or after the effective date of this
6 amendatory Act of 1989, and sentenced to a term of
7 imprisonment, periodic imprisonment, fine, probation,
8 conditional discharge or any other form of sentence, or
9 given a disposition of court supervision for the offense,
10 or
11 (1.5) found delinquent under the Juvenile Court Act
12 of 1987 for a sexual offense or attempt of a sexual
13 offense on or after the effective date of this amendatory
14 Act of 1996, or
15 (2) ordered institutionalized as a sexually
16 dangerous person on or after the effective date of this
17 amendatory Act of 1989, or
18 (3) convicted of a sexual offense or attempt of a
19 sexual offense before the effective date of this
20 amendatory Act of 1989 and is presently confined as a
21 result of such conviction in any State correctional
22 facility or county jail or is presently serving a
23 sentence of probation, conditional discharge or periodic
24 imprisonment as a result of such conviction, or
25 (4) presently institutionalized as a sexually
26 dangerous person or presently institutionalized as a
27 person found guilty but mentally ill of a sexual offense
28 or attempt to commit a sexual offense; or
29 (5) seeking transfer to or residency in Illinois
30 under Sections 3-3-11 through 3-3-11.5 of the Unified
31 Code of Corrections (Interstate Compact for the
32 Supervision of Parolees and Probationers) or the
33 Interstate Agreements on Sexually Dangerous Persons Act.
34 (b) Any person required by paragraphs (a)(1), (a)(1.5),
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1 and (a)(2) to provide specimens of blood shall be ordered by
2 the court to have specimens of blood collected within 45 days
3 after sentencing or disposition at a collection site
4 designated by the Illinois Department of State Police.
5 (c) Any person required by paragraphs (a)(3) and (a)(4)
6 to provide specimens of blood shall be required to provide
7 such samples prior to final discharge, parole, or release at
8 a collection site designated by the Illinois Department of
9 State Police.
10 (c-5) Any person required by paragraph (a)(5) to provide
11 specimens of blood shall, where feasible, be required to
12 provide the specimens before being accepted for conditioned
13 residency in Illinois under the interstate compact or
14 agreement, but no later than 45 days after arrival in this
15 State.
16 (d) The Illinois Department of State Police shall
17 provide all equipment and instructions necessary for the
18 collection of blood samples. The collection of samples shall
19 be performed in a medically approved manner. Only a
20 physician authorized to practice medicine, a registered nurse
21 or other qualified person approved by the Illinois Department
22 of Public Health may withdraw blood for the purposes of this
23 Act. The samples shall thereafter be forwarded to the
24 Illinois Department of State Police, Division of Forensic
25 Services and Identification, for analysis and categorizing
26 into genetic marker groupings.
27 (e) The genetic marker groupings shall be maintained by
28 the Illinois Department of State Police, Division of Forensic
29 Services and Identification.
30 (f) The genetic marker grouping analysis information
31 obtained pursuant to this Act shall be confidential and shall
32 be released only to peace officers of the United States, of
33 other states or territories, of the insular possessions of
34 the United States, of foreign countries duly authorized to
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1 receive the same, to all peace officers of the State of
2 Illinois and to all prosecutorial agencies. Notwithstanding
3 any other statutory provision to the contrary, all
4 information obtained under this Section shall be maintained
5 in a single data base and may not be subject to expungement.
6 (g) For the purposes of this Section, "sexual offense"
7 means any violation of Sections 11-11, 12-13, 12-14, 12-14.1,
8 12-15 or 12-16 of the Criminal Code of 1961, or any former
9 statute of this State which defined a felony sexual offense.
10 (h) The Illinois Department of State Police shall be the
11 State central repository for all genetic marker grouping
12 analysis information obtained pursuant to this Act. The
13 Illinois Department of State Police may promulgate rules for
14 the form and manner of the collection of blood samples and
15 other procedures for the operation of this Act. The
16 provisions of the Administrative Review Law shall apply to
17 all actions taken under the rules so promulgated.
18 (i) A person ordered by the court to provide a blood
19 specimen shall cooperate with the collection of the specimen
20 and any deliberate act by that person intended to impede,
21 delay or stop the collection of the blood specimen shall be
22 punishable as contempt of court.
23 (j) Any person required by subsection (a) to submit
24 specimens of blood to the Illinois Department of State Police
25 for analysis and categorization into genetic marker grouping,
26 in addition to any other disposition, penalty, or fine
27 imposed, shall pay an analysis fee of $500. Upon verified
28 petition of the person, the court may suspend payment of all
29 or part of the fee if it finds that the person does not have
30 the ability to pay the fee.
31 (k) All analysis and categorization fees provided for by
32 subsection (j) shall be regulated as follows:
33 (1) The State Offender DNA Identification System
34 Fund is hereby created as a special fund in the State
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1 Treasury.
2 (2) All fees shall be collected by the clerk of the
3 court and forwarded to the State Offender DNA
4 Identification System Fund for deposit. The clerk of the
5 circuit court may retain the amount of $10 from each
6 collected analysis fee to offset administrative costs
7 incurred in carrying out the clerk's responsibilities
8 under this Section.
9 (3) Fees deposited into the State Offender DNA
10 Identification System Fund shall be used by Illinois
11 State Police crime laboratories as designated by the
12 Director of State Police. These funds shall be in
13 addition to any allocations made pursuant to existing
14 laws and shall be designated for the exclusive use of
15 State crime laboratories. These uses may include, but
16 are not limited to, the following:
17 (A) Costs incurred in providing analysis and
18 genetic marker categorization as required by
19 subsection (d).
20 (B) Costs incurred in maintaining genetic
21 marker groupings as required by subsection (e).
22 (C) Costs incurred in the purchase and
23 maintenance of equipment for use in performing
24 analyses.
25 (D) Costs incurred in continuing research and
26 development of new techniques for analysis and
27 genetic marker categorization.
28 (E) Costs incurred in continuing education,
29 training, and professional development of forensic
30 scientists regularly employed by these laboratories.
31 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 12-13-95;
32 89-462, eff. 5-29-96; 89-550, eff. 1-1-97.)
33 (730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)
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1 Sec. 5-9-1. Authorized fines.
2 (a) An offender may be sentenced to pay a fine which
3 shall not exceed for each offense:
4 (1) for a felony, $10,000 or the amount specified
5 in the offense, whichever is greater, or where the
6 offender is a corporation, $50,000 or the amount
7 specified in the offense, whichever is greater;
8 (2) for a Class A misdemeanor, $1,000 or the amount
9 specified in the offense, whichever is greater;
10 (3) for a Class B or Class C misdemeanor, $500;
11 (4) for a petty offense, $500 or the amount
12 specified in the offense, whichever is less;
13 (5) for a business offense, the amount specified in
14 the statute defining that offense.
15 (b) A fine may be imposed in addition to a sentence of
16 conditional discharge, probation, periodic imprisonment, or
17 imprisonment.
18 (c) There shall be added to every fine imposed in
19 sentencing for a criminal or traffic offense, except an
20 offense relating to parking or registration, or offense by a
21 pedestrian, an additional penalty of $5 $4 for each $40, or
22 fraction thereof, of fine imposed. The additional penalty of
23 $5 $4 for each $40, or fraction thereof, of fine imposed, if
24 not otherwise assessed, shall also be added to every fine
25 imposed upon a plea of guilty, stipulation of facts or
26 findings of guilty, resulting in a judgment of conviction, or
27 order of supervision in criminal, traffic, local ordinance,
28 county ordinance, and conservation cases (except parking,
29 registration, or pedestrian violations), or upon a sentence
30 of probation without entry of judgment under Section 10 of
31 the Cannabis Control Act or Section 410 of the Controlled
32 Substances Act.
33 Such additional amounts shall be assessed by the court
34 imposing the fine and shall be collected by the Circuit Clerk
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1 in addition to the fine and costs in the case. Each such
2 additional penalty shall be remitted by the Circuit Clerk
3 within one month after receipt to the State Treasurer. The
4 State Treasurer shall deposit $1 for each $40, or fraction
5 thereof, of fine imposed into the LEADS Maintenance Fund.
6 The remaining surcharge amount shall be deposited for deposit
7 into the Traffic and Criminal Conviction Surcharge Fund,
8 unless the fine, costs or additional amounts are subject to
9 disbursement by the circuit clerk under Section 27.5 of the
10 Clerks of Courts Act. Such additional penalty shall not be
11 considered a part of the fine for purposes of any reduction
12 in the fine for time served either before or after
13 sentencing. Not later than March 1 of each year the Circuit
14 Clerk shall submit a report of the amount of funds remitted
15 to the State Treasurer under this subsection (c) during the
16 preceding calendar year. Except as otherwise provided by
17 Supreme Court Rules, if a court in imposing a fine against an
18 offender levies a gross amount for fine, costs, fees and
19 penalties, the amount of the additional penalty provided for
20 herein shall be computed on the amount remaining after
21 deducting from the gross amount levied all fees of the
22 Circuit Clerk, the State's Attorney and the Sheriff. After
23 deducting from the gross amount levied the fees and
24 additional penalty provided for herein, less any other
25 additional penalties provided by law, the clerk shall remit
26 the net balance remaining to the entity authorized by law to
27 receive the fine imposed in the case. For purposes of this
28 Section "fees of the Circuit Clerk" shall include, if
29 applicable, the fee provided for under Section 27.3a of the
30 Clerks of Courts Act and the fee, if applicable, payable to
31 the county in which the violation occurred pursuant to
32 Section 5-1101 of the Counties Code.
33 (c-5) In addition to the fines imposed by subsection
34 (c), any person convicted or receiving an order of
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1 supervision for driving under the influence of alcohol or
2 drugs shall pay an additional $25 fee to the clerk. This
3 additional fee, less 2 1/2% that shall be used to defray
4 administrative costs incurred by the clerk, shall be remitted
5 by the clerk to the Treasurer within 60 days after receipt
6 for deposit into the Trauma Center Fund. This additional fee
7 of $25 shall not be considered a part of the fine for
8 purposes of any reduction in the fine for time served either
9 before or after sentencing. Not later than March 1 of each
10 year the Circuit Clerk shall submit a report of the amount of
11 funds remitted to the State Treasurer under this subsection
12 (c-5) during the preceding calendar year.
13 The Circuit Clerk may accept payment of fines and costs
14 by credit card from an offender who has been convicted of a
15 traffic offense, petty offense or misdemeanor and may charge
16 the service fee permitted where fines and costs are paid by
17 credit card provided for in Section 27.3b of the Clerks of
18 Courts Act.
19 (d) In determining the amount and method of payment of a
20 fine, except for those fines established for violations of
21 Chapter 15 of the Illinois Vehicle Code, the court shall
22 consider:
23 (1) the financial resources and future ability of
24 the offender to pay the fine; and
25 (2) whether the fine will prevent the offender from
26 making court ordered restitution or reparation to the
27 victim of the offense; and
28 (3) in a case where the accused is a dissolved
29 corporation and the court has appointed counsel to
30 represent the corporation, the costs incurred either by
31 the county or the State for such representation.
32 (e) The court may order the fine to be paid forthwith or
33 within a specified period of time or in installments.
34 (f) All fines, costs and additional amounts imposed
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1 under this Section for any violation of Chapters 3, 4, 6, and
2 11 of the Illinois Vehicle Code, or a similar provision of a
3 local ordinance, and any violation of the Child Passenger
4 Protection Act, or a similar provision of a local ordinance,
5 shall be collected and disbursed by the circuit clerk as
6 provided under Section 27.5 of the Clerks of Courts Act.
7 (Source: P.A. 89-105, eff. 1-1-96.)
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1 INDEX
2 Statutes amended in order of appearance
3 20 ILCS 2605/55a from Ch. 127, par. 55a
4 20 ILCS 2605/55a-1 from Ch. 127, par. 55a-1
5 20 ILCS 2605/55a-4 from Ch. 127, par. 55a-4
6 30 ILCS 105/5.449 new
7 30 ILCS 105/5.450 new
8 30 ILCS 505/10.3 from Ch. 127, par. 132.10-3
9 430 ILCS 65/8 from Ch. 38, par. 83-8
10 725 ILCS 5/115-15
11 730 ILCS 5/5-4-3 from Ch. 38, par. 1005-4-3
12 730 ILCS 5/5-9-1 from Ch. 38, par. 1005-9-1