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91_HB2098sam001
LRB9104025RCksam
1 AMENDMENT TO HOUSE BILL 2098
2 AMENDMENT NO. . Amend House Bill 2098, on page 8, by
3 inserting between lines 14 and 15 the following:
4 "Section 11. The Unified Code of Corrections is amended
5 by changing Section 5-5-7 as follows:
6 (730 ILCS 5/5-5-7) (from Ch. 38, par. 1005-5-7)
7 (Text of Section WITHOUT the changes made by P.A. 89-7,
8 which has been held unconstitutional)
9 Sec. 5-5-7. Neither the State, any local government,
10 probation department, public or community service program or
11 site, nor any official, shareholder, director, volunteer, or
12 employee thereof acting in the course of their official
13 duties shall be liable for any injury or loss a person might
14 receive while performing public or community service as
15 ordered by the court, or by any duly authorized station or
16 probation adjustment, teen court, community mediation, or
17 other administrative diversion program for a violation of a
18 penal statute of this State, local government ordinance
19 (whether penal, civil or quasi-criminal), or traffic offense,
20 nor shall they be liable for any tortious acts of any person
21 performing public or community service, except for wilful,
22 wanton misconduct or gross negligence on the part of such
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1 governmental unit, probation department, public or community
2 service site, or any official, shareholder, director,
3 volunteer, or employee thereof.
4 (Source: P.A. 85-449.)"; and
5 on page 9, by inserting after line 23 the following:
6 "Section 20. The Probation Community Service Act is
7 amended by changing Section 1 as follows:
8 (730 ILCS 115/1) (from Ch. 38, par. 204a-1)
9 Sec. 1. (a) "Public or Community Service" means
10 uncompensated labor for a non-profit organization or public
11 body whose purpose is to enhance physical, or mental
12 stability, environmental quality or the social welfare and
13 which agrees to accept public or community service from
14 offenders and to report on the progress of the public or
15 community service to the court.
16 (b) "Site" means non-profit organization or public body,
17 church, charitable organization, corporation, business, or
18 individual agreeing to accept community service from
19 offenders and to report on the progress of ordered public or
20 required community service to the court or to the authorized
21 diversion program that has referred the offender for
22 community service its delegate.
23 (c) The county boards of the several counties in this
24 State are authorized to establish and operate agencies to
25 develop and supervise programs of public or community service
26 for those persons placed by the court on probation,
27 conditional discharge, or supervision.
28 (d) The programs shall be developed in cooperation with
29 the circuit courts for the respective counties developing
30 such programs and shall conform with any law restricting the
31 use of public or community service.
32 (e) Neither the State, any local government, probation
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1 department, public or community service program or site, nor
2 any official, shareholder, director, volunteer, or employee
3 thereof acting in the course of their official duties shall
4 be liable for any injury or loss a person might receive while
5 performing public or community service as ordered by the
6 court or by any duly authorized station or probation
7 adjustment, teen court, community mediation, or other
8 administrative diversion program for a violation of a penal
9 statute of this State, local government ordinance (whether
10 penal, civil, or quasi-criminal), or traffic offense, nor
11 shall they be liable for any tortious acts of any person
12 performing public or community service, except for wilful,
13 wanton misconduct or gross negligence on the part of such
14 governmental unit, probation department, public or community
15 service site, or any official, shareholder, director,
16 volunteer, or employee thereof.
17 (f) No person assigned to a public or community service
18 program shall be considered an employee for any purpose, nor
19 shall the county board be obligated to provide any
20 compensation to such person.
21 (Source: P.A. 85-449.)".