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Public Act 094-0556 |
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AN ACT concerning methamphetamine.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Methamphetamine Control and Community Protection Act. | ||||
Section 5. Purpose. The purpose of this Act is to reduce | ||||
the damage that the manufacture, distribution, and use of | ||||
methamphetamine are inflicting on children, families, | ||||
communities, businesses, the economy, and the environment in | ||||
Illinois. The General Assembly recognizes that methamphetamine | ||||
is fundamentally different from other drugs regulated by the | ||||
Illinois Controlled Substances Act because the harms relating | ||||
to methamphetamine stem not only from the distribution and use | ||||
of the drug, but also from the manufacture of the drug in this | ||||
State. Because methamphetamine is not only distributed and used | ||||
but also manufactured here, and because the manufacture of | ||||
methamphetamine is extremely and uniquely harmful, the General | ||||
Assembly finds that a separate Act is needed to address the | ||||
manufacture, distribution, and use of methamphetamine in | ||||
Illinois. | ||||
Section 10. Definitions. As used in this Act: | ||||
"Anhydrous ammonia" has the meaning provided in subsection | ||||
(d) of Section 3 of the Illinois Fertilizer Act of 1961.
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"Anhydrous ammonia equipment" means all items used to | ||||
store, hold, contain, handle, transfer, transport, or apply | ||||
anhydrous ammonia for lawful purposes.
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"Booby trap" means any device designed to cause physical | ||||
injury when triggered by an act of a person approaching, | ||||
entering, or moving through a structure, a vehicle, or any | ||||
location where methamphetamine has been manufactured, is being | ||||
manufactured, or is intended to be manufactured.
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"Deliver" or "delivery" has the meaning provided in | ||
subsection (h) of Section 102 of the Illinois Controlled | ||
Substances Act.
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"Director" means the Director of State Police or the | ||
Director's designated agents.
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"Dispose" or "disposal" means to abandon, discharge, | ||
release, deposit, inject, dump, spill, leak, or place | ||
methamphetamine waste onto or into any land, water, or well of | ||
any type so that the waste has the potential to enter the | ||
environment, be emitted into the air, or be discharged into the | ||
soil or any waters, including groundwater.
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"Emergency response" means the act of collecting evidence, | ||
securing a methamphetamine laboratory site, methamphetamine | ||
waste site or other methamphetamine-related site and cleaning | ||
up the site, whether these actions are performed by public | ||
entities or private contractors paid by public entities.
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"Emergency service provider" means a local, State, or | ||
federal peace officer, firefighter, emergency medical | ||
technician-ambulance, emergency
medical | ||
technician-intermediate, emergency medical | ||
technician-paramedic, ambulance driver, or other medical or | ||
first aid personnel rendering aid, or any agent or designee of | ||
the foregoing.
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"Finished methamphetamine" means methamphetamine in a form | ||
commonly used for personal consumption. | ||
"Firearm" has the meaning provided in Section 1.1 of the | ||
Firearm Owners Identification Card Act.
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"Manufacture" means to produce, prepare, compound, | ||
convert, process, synthesize, concentrate, purify, separate, | ||
extract, or package any methamphetamine, methamphetamine | ||
precursor, methamphetamine manufacturing catalyst, | ||
methamphetamine manufacturing reagent, methamphetamine | ||
manufacturing solvent, or any substance containing any of the | ||
foregoing.
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"Methamphetamine" means the chemical methamphetamine (a | ||
Schedule II controlled substance under the Illinois Controlled |
Substances Act) or any salt, optical isomer, salt of optical | ||
isomer, or analog thereof, with the exception of | ||
3,4-Methylenedioxymethamphetamine (MDMA) or any other | ||
scheduled substance with a separate listing under the Illinois | ||
Controlled Substances Act. | ||
"Methamphetamine manufacturing catalyst" means any | ||
substance that has been used, is being used, or is intended to | ||
be used to activate, accelerate, extend, or improve a chemical | ||
reaction involved in the manufacture of methamphetamine.
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"Methamphetamine manufacturing environment" means a | ||
structure or vehicle in which:
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(1) methamphetamine is being or has been manufactured;
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(2) chemicals that are being used, have been used, or | ||
are intended to be used to manufacture methamphetamine are | ||
stored;
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(3) methamphetamine manufacturing materials that have | ||
been used to manufacture methamphetamine are stored; or
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(4) methamphetamine manufacturing waste is stored.
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"Methamphetamine manufacturing material" means any | ||
methamphetamine precursor, substance containing any | ||
methamphetamine precursor, methamphetamine manufacturing | ||
catalyst, substance containing any methamphetamine | ||
manufacturing catalyst, methamphetamine manufacturing reagent, | ||
substance containing any methamphetamine manufacturing | ||
reagent, methamphetamine manufacturing solvent, substance | ||
containing any methamphetamine manufacturing solvent, or any | ||
other chemical, substance, ingredient, equipment, apparatus, | ||
or item that is being used, has been used, or is intended to be | ||
used in the manufacture of methamphetamine.
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"Methamphetamine manufacturing reagent" means any | ||
substance other than a methamphetamine manufacturing catalyst | ||
that has been used, is being used, or is intended to be used to | ||
react with and chemically alter any methamphetamine precursor. | ||
"Methamphetamine manufacturing solvent" means any | ||
substance that has been used, is being used, or is intended to | ||
be used as a medium in which any methamphetamine precursor, |
methamphetamine manufacturing catalyst, methamphetamine | ||
manufacturing reagent, or any substance containing any of the | ||
foregoing is dissolved, diluted, or washed during any part of | ||
the methamphetamine manufacturing process.
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"Methamphetamine manufacturing waste" means any chemical, | ||
substance, ingredient, equipment, apparatus, or item that is | ||
left over from, results from, or is produced by the process of | ||
manufacturing methamphetamine, other than finished | ||
methamphetamine.
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"Methamphetamine precursor" means ephedrine, | ||
pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone, | ||
phenylacetone, phenyl-2-propanone, P2P, or any salt, optical | ||
isomer, or salt of an optical isomer of any of these chemicals.
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"Multi-unit dwelling" means a unified structure used or | ||
intended for use as a habitation, home, or residence that | ||
contains 2 or more condominiums, apartments, hotel rooms, motel | ||
rooms, or other living units.
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"Package" means an item marked for retail sale that is not | ||
designed to be further broken down or subdivided for the | ||
purpose of retail sale.
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"Participate" or "participation" in the manufacture of | ||
methamphetamine means to produce, prepare, compound, convert, | ||
process, synthesize, concentrate, purify, separate, extract, | ||
or package any methamphetamine, methamphetamine precursor, | ||
methamphetamine manufacturing catalyst, methamphetamine | ||
manufacturing reagent, methamphetamine manufacturing solvent, | ||
or any substance containing any of the foregoing, or to assist | ||
in any of these actions, or to attempt to take any of these | ||
actions, regardless of whether this action or these actions | ||
result in the production of finished methamphetamine.
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"Person with a disability" means a person who suffers from | ||
a permanent physical or mental impairment resulting from | ||
disease, injury, functional disorder, or congenital condition | ||
which renders the person incapable of adequately providing for | ||
his or her own health and personal care.
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"Procure" means to purchase, steal, gather, or otherwise |
obtain, by legal or illegal means, or to cause another to take | ||
such action.
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"Second or subsequent offense" means an offense under this | ||
Act committed by an offender who previously committed an | ||
offense under this Act, the Illinois Controlled Substances Act, | ||
the Cannabis Control Act, or another Act of this State, another | ||
state, or the United States relating to methamphetamine, | ||
cannabis, or any other controlled substance.
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"Standard dosage form", as used in relation to any | ||
methamphetamine precursor, means that the methamphetamine | ||
precursor is contained in a pill, tablet, capsule, caplet, gel | ||
cap, or liquid cap that has been manufactured by a lawful | ||
entity and contains a standard quantity of methamphetamine | ||
precursor.
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"Unauthorized container", as used in relation to anhydrous | ||
ammonia, means any container that is not designed for the | ||
specific and sole purpose of holding, storing, transporting, or | ||
applying anhydrous ammonia. "Unauthorized container" includes, | ||
but is not limited to, any propane tank, fire extinguisher, | ||
oxygen cylinder, gasoline can, food or beverage cooler, or | ||
compressed gas cylinder used in dispensing fountain drinks. | ||
"Unauthorized container" does not encompass anhydrous ammonia | ||
manufacturing plants, refrigeration systems
where anhydrous | ||
ammonia is used solely as a refrigerant, anhydrous ammonia | ||
transportation pipelines, anhydrous ammonia tankers, or | ||
anhydrous ammonia barges.
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Section 15. Participation in methamphetamine | ||
manufacturing. | ||
(a) Participation in methamphetamine manufacturing.
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(1) It is unlawful to participate in the manufacture of | ||
methamphetamine with the intent that methamphetamine or a | ||
substance containing methamphetamine be produced.
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(2) A person who violates paragraph (1) of this | ||
subsection (a) is subject to the following penalties:
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(A) A person who participates in the manufacture of |
less than 15 grams of methamphetamine or a substance | ||
containing methamphetamine is guilty of a Class 1 | ||
felony.
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(B) A person who participates in the manufacture of | ||
15 or more grams but less than 100 grams of | ||
methamphetamine or a substance containing | ||
methamphetamine is guilty of a Class X felony, subject | ||
to a term of imprisonment of not less than 6 years and | ||
not more than 30 years, and subject to a fine not to | ||
exceed $100,000 or the street value of the | ||
methamphetamine manufactured, whichever is greater.
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(C) A person who participates in the manufacture of | ||
100 or more grams but less than 400 grams of | ||
methamphetamine or a substance containing | ||
methamphetamine is guilty of a Class X felony, subject | ||
to a term of imprisonment of not less than 9 years and | ||
not more than 40 years, and subject to a fine not to | ||
exceed $200,000 or the street value of the | ||
methamphetamine manufactured, whichever is greater.
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(D) A person who participates in the manufacture of | ||
400 or more grams but less than 900 grams of | ||
methamphetamine or a substance containing | ||
methamphetamine is guilty of a Class X felony, subject | ||
to a term of imprisonment of not less than 12 years and | ||
not more than 50 years, and subject to a fine not to | ||
exceed $300,000 or the street value of the | ||
methamphetamine manufactured, whichever is greater.
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(E) A person who participates in the manufacture of | ||
900 grams or more of methamphetamine or a substance | ||
containing methamphetamine is guilty of a Class X | ||
felony, subject to a term of imprisonment of not less | ||
than 15 years and not more than 60 years, and subject | ||
to a fine not to exceed $400,000 or the street value of | ||
the methamphetamine, whichever is greater.
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(b) Aggravated participation in methamphetamine | ||
manufacturing.
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(1) It is unlawful to engage in aggravated | ||
participation in the manufacture of methamphetamine. A | ||
person engages in aggravated participation in the | ||
manufacture of methamphetamine when the person violates | ||
paragraph (1) of subsection (a) and:
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(A) the person knowingly does so in a multi-unit | ||
dwelling;
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(B) the person knowingly does so in a structure or | ||
vehicle where a child under the age of 18, a person | ||
with a disability, or a person 60 years of age or older | ||
who is incapable of adequately providing for his or her | ||
own health and personal care resides, is present, or is | ||
endangered by the manufacture of methamphetamine;
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(C) the person does so in a structure or vehicle | ||
where a woman the person knows to be pregnant | ||
(including but not limited to the person herself) | ||
resides, is present, or is endangered by the | ||
methamphetamine manufacture;
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(D) the person knowingly does so in a structure or | ||
vehicle protected by one or more firearms, explosive | ||
devices, booby traps, alarm systems, surveillance | ||
systems, guard dogs, or dangerous animals;
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(E) the methamphetamine manufacturing in which the | ||
person participates is a contributing cause of the | ||
death, serious bodily injury, disability, or | ||
disfigurement of another person, including but not | ||
limited to an emergency service provider;
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(F) the methamphetamine manufacturing in which the | ||
person participates is a contributing cause of a fire | ||
or explosion that damages property belonging to | ||
another person; or
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(G) the person knowingly organizes, directs, or | ||
finances the methamphetamine manufacturing or | ||
activities carried out in support of the | ||
methamphetamine manufacturing.
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(2) A person who violates paragraph (1) of this |
subsection (b) is subject to the following penalties:
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(A) A person who participates in the manufacture of | ||
less than 15 grams of methamphetamine or a substance | ||
containing methamphetamine is guilty of a Class X | ||
felony, subject to a term of imprisonment of not less | ||
than 6 years and not more than 30 years, and subject to | ||
a fine not to exceed $100,000 or the street value of | ||
the methamphetamine, whichever is greater.
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(B) A person who participates in the manufacture of | ||
15 or more grams but less than 100 grams of | ||
methamphetamine or a substance containing | ||
methamphetamine is guilty of a Class X felony, subject | ||
to a term of imprisonment of not less than 9 years and | ||
not more than 40 years, and subject to a fine not to | ||
exceed $200,000 or the street value of the | ||
methamphetamine, whichever is greater.
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(C) A person who participates in the manufacture of | ||
100 or more grams but less than 400 grams of | ||
methamphetamine or a substance containing | ||
methamphetamine is guilty of a Class X felony, subject | ||
to a term of imprisonment of not less than 12 years and | ||
not more than 50 years, and subject to a fine not to | ||
exceed $300,000 or the street value of the | ||
methamphetamine, whichever is greater.
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(D) A person who participates in the manufacture of | ||
400 grams or more of methamphetamine or a substance | ||
containing methamphetamine is guilty of a Class X | ||
felony, subject to a term of imprisonment of not less | ||
than 15 years and not more than 60 years, and subject | ||
to a fine not to exceed $400,000 or the street value of | ||
the methamphetamine, whichever is greater.
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Section 20. Methamphetamine precursor. | ||
(a) Methamphetamine precursor or substance containing any | ||
methamphetamine precursor in standard dosage form. | ||
(1) It is unlawful to possess, procure, transport, |
store, or deliver any methamphetamine precursor or | ||
substance containing any methamphetamine precursor in | ||
standard dosage form with the intent that it be used to | ||
manufacture methamphetamine or a substance containing | ||
methamphetamine.
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(2) A person who violates paragraph (1) of this | ||
subsection (a) is subject to the following penalties:
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(A) A person who possesses, procures, transports, | ||
stores, or delivers less than 15 grams of | ||
methamphetamine precursor or substance containing any | ||
methamphetamine precursor is guilty of a Class 2 | ||
felony.
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(B) A person who possesses, procures, transports, | ||
stores, or delivers 15 or more grams but less than 30 | ||
grams of methamphetamine precursor or substance | ||
containing any methamphetamine precursor is guilty of | ||
a Class 1 felony.
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(C) A person who possesses, procures, transports, | ||
stores, or delivers 30 or more grams but less than 150 | ||
grams of methamphetamine precursor or substance | ||
containing any methamphetamine precursor is guilty of | ||
a Class X felony, subject to a term of imprisonment of | ||
not less than 6 years and not more than 30 years, and | ||
subject to a fine not to exceed $100,000.
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(D) A person who possesses, procures, transports, | ||
stores, or delivers 150 or more grams but less than 500 | ||
grams of methamphetamine precursor or substance | ||
containing any methamphetamine precursor is guilty of | ||
a Class X felony, subject to a term of imprisonment of | ||
not less than 8 years and not more than 40 years, and | ||
subject to a fine not to exceed $200,000.
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(E) A person who possesses, procures, transports, | ||
stores, or delivers 500 or more grams of | ||
methamphetamine precursor or substance containing any | ||
methamphetamine precursor is guilty of a Class X | ||
felony, subject to a term of imprisonment of not less |
than 10 years and not more than 50 years, and subject | ||
to a fine not to exceed $300,000.
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(b) Methamphetamine precursor or substance containing any | ||
methamphetamine precursor in any form other than a standard | ||
dosage form. | ||
(1) It is unlawful to possess, procure, transport, | ||
store, or deliver any methamphetamine precursor or | ||
substance containing any methamphetamine precursor in any | ||
form other than a standard dosage form with the intent that | ||
it be used to manufacture methamphetamine or a substance | ||
containing methamphetamine.
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(2) A person who violates paragraph (1) of this | ||
subsection (b) is subject to the following penalties:
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(A) A person who violates paragraph (1) of this | ||
subsection (b) with the intent that less than 10 grams | ||
of methamphetamine or a substance containing | ||
methamphetamine be manufactured is guilty of a Class 2 | ||
felony.
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(B) A person who violates paragraph (1) of this | ||
subsection (b) with the intent that 10 or more grams | ||
but less than 20 grams of methamphetamine or a | ||
substance containing methamphetamine be manufactured | ||
is guilty of a Class 1 felony.
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(C) A person who violates paragraph (1) of this | ||
subsection (b) with the intent that 20 or more grams | ||
but less than 100 grams of methamphetamine or a | ||
substance containing methamphetamine be manufactured | ||
is guilty of a Class X felony, subject to a term of | ||
imprisonment of not less than 6 years and not more than | ||
30 years, and subject to a fine not to exceed $100,000.
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(D) A person who violates paragraph (1) of this | ||
subsection (b) with the intent that 100 or more grams | ||
but less than 350 grams of methamphetamine or a | ||
substance containing methamphetamine be manufactured | ||
is guilty of a Class X felony, subject to a term of | ||
imprisonment of not less than 8 years and not more than |
40 years, and subject to a fine not to exceed $200,000.
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(E) A person who violates paragraph (1) of this | ||
subsection (b) with the intent that 350 or more grams | ||
of methamphetamine or a substance containing | ||
methamphetamine be manufactured is guilty of a Class X | ||
felony, subject to a term of imprisonment of not less | ||
than 10 years and not more than 50 years, and subject | ||
to a fine not to exceed $300,000.
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(c) Rule of evidence. The presence of any methamphetamine | ||
precursor in a sealed, factory imprinted container, including, | ||
but not limited to, a bottle, box, package, or blister pack, at | ||
the time of seizure by law enforcement, is prima facie evidence | ||
that the methamphetamine precursor located within the | ||
container is in fact the material so described and in the | ||
amount listed on the container. The factory imprinted container | ||
is admissible for a violation of this Act for purposes of | ||
proving the contents of the container.
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Section 25. Anhydrous ammonia. | ||
(a) Possession, procurement, transportation, storage, or | ||
delivery of anhydrous ammonia with the intent that it be used | ||
to manufacture methamphetamine.
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(1) It is unlawful to engage in the possession, | ||
procurement, transportation, storage, or delivery of | ||
anhydrous ammonia or to attempt to engage in any of these | ||
activities or to assist another in engaging in any of these | ||
activities with the intent that the anhydrous ammonia be | ||
used to manufacture methamphetamine.
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(2) A person who violates paragraph (1) of this | ||
subsection
(a) is guilty of a Class 1 felony.
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(b) Aggravated possession, procurement, transportation, | ||
storage, or delivery of anhydrous ammonia with the intent that | ||
it be used to manufacture methamphetamine.
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(1) It is unlawful to engage in the aggravated | ||
possession, procurement, transportation, storage, or | ||
delivery of anhydrous ammonia with the intent that it be |
used to manufacture methamphetamine. A person commits this | ||
offense when the person engages in the possession, | ||
procurement, transportation, storage, or delivery of | ||
anhydrous ammonia or attempts to engage in any of these | ||
activities or assists another in engaging in any of these | ||
activities with the intent that the anhydrous ammonia be | ||
used to manufacture methamphetamine and:
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(A) the person knowingly does so in a multi-unit | ||
dwelling;
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(B) the person knowingly does so in a structure or | ||
vehicle where a child under the age of 18, or a person | ||
with a disability, or a person who is 60 years of age | ||
or older who is incapable of adequately providing for | ||
his or her own health and personal care resides, is | ||
present, or is endangered by the anhydrous ammonia;
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(C) the person's possession, procurement, | ||
transportation, storage, or delivery of anhydrous | ||
ammonia is a contributing cause of the death, serious | ||
bodily injury, disability, or disfigurement of another | ||
person; or
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(D) the person's possession, procurement, | ||
transportation, storage, or delivery of anhydrous | ||
ammonia is a contributing cause of a fire or explosion | ||
that damages property belonging to another person.
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(2) A person who violates paragraph (1) of this | ||
subsection (b) is guilty of a Class X felony, subject to a | ||
term of imprisonment of not less than 6 years and not more | ||
than 30 years, and subject to a fine not to exceed | ||
$100,000.
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(c) Possession, procurement, transportation, storage, or | ||
delivery of anhydrous ammonia in an unauthorized container.
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(1) It is unlawful to possess, procure, transport, | ||
store, or deliver anhydrous ammonia in an unauthorized | ||
container.
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(2) A person who violates paragraph (1) of this | ||
subsection (c) is guilty of a Class 3 felony.
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(3) Affirmative defense. It is an affirmative defense | ||
that the person charged possessed, procured, transported, | ||
stored, or delivered anhydrous ammonia in a manner that | ||
substantially complied with the rules governing anhydrous | ||
ammonia equipment found in 8 Illinois Administrative Code | ||
Section 215, in 92 Illinois Administrative Code Sections | ||
171 through 180, or in any provision of the Code of Federal | ||
Regulations incorporated by reference into these Sections | ||
of the Illinois Administrative Code.
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(d) Tampering with anhydrous ammonia equipment.
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(1) It is unlawful to tamper with anhydrous ammonia | ||
equipment. A person tampers with anhydrous ammonia | ||
equipment when, without authorization from the lawful | ||
owner, the person:
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(A) removes or attempts to remove anhydrous | ||
ammonia from the anhydrous ammonia equipment used by | ||
the lawful owner;
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(B) damages or attempts to damage the anhydrous | ||
ammonia equipment used by the lawful owner; or
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(C) vents or attempts to vent anhydrous ammonia
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into the environment.
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(2) A person who violates paragraph (1) of this | ||
subsection (d) is guilty of a Class 3 felony.
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Section 30. Methamphetamine manufacturing material. | ||
(a) It is unlawful to engage in the possession, | ||
procurement, transportation, storage, or delivery of any | ||
methamphetamine manufacturing material, other than a | ||
methamphetamine precursor, substance containing a | ||
methamphetamine precursor, or anhydrous ammonia, with the | ||
intent that it be used to manufacture methamphetamine.
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(b) A person who violates subsection (a) of this Section is | ||
guilty of a Class 2 felony.
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Section 35. Use of property. | ||
(a) It is unlawful for a person knowingly to use or allow |
the use of a vehicle, a structure, real property, or personal | ||
property within the person's control to help bring about a | ||
violation of this Act.
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(b) A person who violates subsection (a) of this Section is | ||
guilty of a Class 2 felony.
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Section 40. Protection of methamphetamine manufacturing. | ||
(a) It is unlawful to engage in the protection of | ||
methamphetamine manufacturing. A person engages in the | ||
protection of methamphetamine manufacturing when:
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(1) the person knows that others have been | ||
participating, are participating, or will be participating | ||
in the manufacture of methamphetamine; and
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(2) with the intent to help prevent detection of or | ||
interference with the methamphetamine manufacturing, the | ||
person serves as a lookout for or guard of the | ||
methamphetamine manufacturing.
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(b) A person who violates subsection (a) of this Section is | ||
guilty of a Class 2 felony.
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Section 45. Methamphetamine manufacturing waste. | ||
(a) It is unlawful to knowingly burn, place in a trash | ||
receptacle, or dispose of methamphetamine manufacturing waste.
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(b) A person who violates subsection (a) of this Section is | ||
guilty of a Class 2 felony.
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Section 50. Methamphetamine-related child endangerment. | ||
(a) Methamphetamine-related child endangerment.
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(1) It is unlawful to engage in | ||
methamphetamine-related child endangerment. A person | ||
engages in methamphetamine-related child endangerment when | ||
the person knowingly endangers the life and health of a | ||
child by exposing or allowing exposure of the child to a | ||
methamphetamine manufacturing environment.
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(2) A person who violates paragraph (1) of this | ||
subsection (a) is guilty of a Class 2 felony.
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(b) Aggravated methamphetamine-related child endangerment.
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(1) It is unlawful to engage in aggravated | ||
methamphetamine-related child endangerment. A person | ||
engages in aggravated methamphetamine-related child | ||
endangerment when the person violates paragraph (1) of this | ||
subsection (a) of this Section and the child experiences | ||
death, great bodily harm, disability, or disfigurement as a | ||
result of the methamphetamine-related child endangerment.
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(2) A person who violates paragraph (1) of this | ||
subsection (b) is guilty of a Class X felony, subject to a | ||
term of imprisonment of not less than 6 years and not more | ||
than 30 years, and subject to a fine not to exceed | ||
$100,000.
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Section 55. Methamphetamine delivery. | ||
(a) Delivery or possession with intent to deliver | ||
methamphetamine or a substance containing methamphetamine.
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(1) It is unlawful knowingly to engage in the delivery | ||
or possession with intent to deliver methamphetamine or a | ||
substance containing methamphetamine.
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(2) A person who violates paragraph (1) of this | ||
subsection (a) is subject to the following penalties:
| ||
(A) A person who delivers or possesses with intent | ||
to deliver less than 5 grams of methamphetamine or a | ||
substance containing methamphetamine is guilty of a | ||
Class 2 felony.
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(B) A person who delivers or possesses with intent | ||
to deliver 5 or more grams but less than 15 grams of | ||
methamphetamine or a substance containing | ||
methamphetamine is guilty of a Class 1 felony.
| ||
(C) A person who delivers or possesses with intent | ||
to deliver 15 or more grams but less than 100 grams of | ||
methamphetamine or a substance containing | ||
methamphetamine is guilty of a Class X felony, subject | ||
to a term of imprisonment of not less than 6 years and | ||
not more than 30 years, and subject to a fine not to |
exceed $100,000 or the street value of the | ||
methamphetamine, whichever is greater.
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(D) A person who delivers or possesses with intent | ||
to deliver 100 or more grams but less than 400 grams of | ||
methamphetamine or a substance containing | ||
methamphetamine is guilty of a Class X felony, subject | ||
to a term of imprisonment of not less than 9 years and | ||
not more than 40 years, and subject to a fine not to | ||
exceed $200,000 or the street value of the | ||
methamphetamine, whichever is greater.
| ||
(E) A person who delivers or possesses with intent | ||
to deliver 400 or more grams but less than 900 grams of | ||
methamphetamine or a substance containing | ||
methamphetamine is guilty of a Class X felony, subject | ||
to a term of imprisonment of not less than 12 years and | ||
not more than 50 years, and subject to a fine not to | ||
exceed $300,000 or the street value of the | ||
methamphetamine, whichever is greater.
| ||
(F) A person who delivers or possesses with intent | ||
to deliver 900 or more grams of methamphetamine or a | ||
substance containing methamphetamine is guilty of a | ||
Class X felony, subject to a term of imprisonment of | ||
not less than 15 years and not more than 60 years, and | ||
subject to a fine not to exceed $400,000 or the street | ||
value of the methamphetamine, whichever is greater.
| ||
(b) Aggravated delivery or possession with intent to | ||
deliver methamphetamine or a substance containing | ||
methamphetamine.
| ||
(1) It is unlawful to engage in the aggravated delivery | ||
or possession with intent to deliver methamphetamine or a | ||
substance containing methamphetamine. A person engages in | ||
the aggravated delivery or possession with intent to | ||
deliver methamphetamine or a substance containing | ||
methamphetamine when the person violates paragraph (1) of | ||
subsection (a) of this Section and:
| ||
(A) the person is at least 18 years of age and |
knowingly delivers or possesses with intent to deliver | ||
the methamphetamine or substance containing | ||
methamphetamine to a person under 18 years of age;
| ||
(B) the person is at least 18 years of age and | ||
knowingly uses, engages, employs, or causes another | ||
person to use, engage, or employ a person under 18 | ||
years of age to deliver the methamphetamine or | ||
substance containing methamphetamine;
| ||
(C) the person knowingly delivers or possesses | ||
with intent to deliver the methamphetamine or | ||
substance containing methamphetamine in any structure | ||
or vehicle protected by one or more firearms, explosive | ||
devices, booby traps, alarm systems, surveillance | ||
systems, guard dogs, or dangerous animals;
| ||
(D) the person knowingly delivers or possesses | ||
with intent to deliver the methamphetamine or | ||
substance containing methamphetamine in any school, on | ||
any real property comprising any school, or in any | ||
conveyance owned, leased, or contracted by a school to | ||
transport students to or from school or a | ||
school-related activity;
| ||
(E) the person delivers or causes another person to | ||
deliver the methamphetamine or substance containing | ||
methamphetamine to a woman that the person knows to be | ||
pregnant;
or | ||
(F) the person knowingly brings or causes another | ||
to bring the methamphetamine or substance containing | ||
methamphetamine into Illinois from a location outside | ||
of Illinois. | ||
(2) A person who violates paragraph (1) of this | ||
subsection (b) is subject to the following penalties:
| ||
(A) A person who delivers or possesses with intent | ||
to deliver less than 5 grams of methamphetamine or a | ||
substance containing methamphetamine is guilty of a | ||
Class 1 felony.
| ||
(B) A person who delivers or possesses with intent |
to deliver 5 or more grams but less than 15 grams of | ||
methamphetamine or a substance containing | ||
methamphetamine is guilty of a Class X felony, subject | ||
to a term of imprisonment of not less than 6 years and | ||
not more than 30 years, and subject to a fine not to | ||
exceed $100,000 or the street value of the | ||
methamphetamine, whichever is greater.
| ||
(C) A person who delivers or possesses with intent | ||
to deliver 15 or more grams but less than 100 grams of | ||
methamphetamine or a substance containing | ||
methamphetamine is guilty of a Class X felony, subject | ||
to a term of imprisonment of not less than 8 years and | ||
not more than 40 years, and subject to a fine not to | ||
exceed $200,000 or the street value of the | ||
methamphetamine, whichever is greater.
| ||
(D) A person who delivers or possesses with intent | ||
to deliver 100 or more grams of methamphetamine or a | ||
substance containing methamphetamine is guilty of a | ||
Class X felony, subject to a term of imprisonment of | ||
not less than 10 years and not more than 50 years, and | ||
subject to a fine not to exceed $300,000 or the street | ||
value of the methamphetamine, whichever is greater.
| ||
Section 60. Methamphetamine possession. | ||
(a) It is unlawful knowingly to possess methamphetamine or | ||
a substance containing methamphetamine.
| ||
(b) A person who violates subsection (a) is subject to the | ||
following penalties:
| ||
(1) A person who possesses less than 5 grams of | ||
methamphetamine or a substance containing methamphetamine | ||
is guilty of a Class 3 felony.
| ||
(2) A person who possesses 5 or more grams but less | ||
than 15 grams of methamphetamine or a substance containing | ||
methamphetamine is guilty of a Class 2 felony.
| ||
(3) A person who possesses 15 or more grams but less | ||
than 100 grams of methamphetamine or a substance containing |
methamphetamine is guilty of a Class 1 felony.
| ||
(4) A person who possesses 100 or more grams but less | ||
than 400 grams of methamphetamine or a substance containing | ||
methamphetamine is guilty of a Class X felony, subject to a | ||
term of imprisonment of not less than 6 years and not more | ||
than 30 years, and subject to a fine not to exceed
| ||
$100,000.
| ||
(5) A person who possesses 400 or more grams but less | ||
than 900 grams of methamphetamine or a substance containing | ||
methamphetamine is guilty of a Class X felony, subject to a | ||
term of imprisonment of not less than 8 years and not more | ||
than 40 years, and subject to a fine not to exceed
| ||
$200,000.
| ||
(6) A person who possesses 900 or more grams of | ||
methamphetamine or a substance containing methamphetamine | ||
is guilty of a Class X felony, subject to a term of | ||
imprisonment of not less than 10 years and not more than 50 | ||
years, and subject to a fine not to exceed $300,000.
| ||
Section 65. Methamphetamine conspiracy. | ||
(a) It is unlawful to engage in a methamphetamine | ||
conspiracy. A person engages in a methamphetamine conspiracy | ||
when:
| ||
(1) the person intends to violate one or more | ||
provisions of this Act;
| ||
(2) the person agrees with one or more persons to | ||
violate one or more provisions of this Act; and
| ||
(3) the person or any party to the agreement commits an | ||
act in furtherance of the agreement.
| ||
(b) A person convicted of engaging in a methamphetamine | ||
conspiracy shall face the penalty for the offense that is the | ||
object of the conspiracy and may be held accountable for the | ||
cumulative weight of any methamphetamine, substance containing | ||
methamphetamine, methamphetamine precursor, or substance | ||
containing methamphetamine precursor attributable to the | ||
conspiracy for the duration of the conspiracy.
|
(c) It is not a defense to a methamphetamine conspiracy | ||
charge that the person or persons with whom the person charged | ||
is alleged to have conspired have not been prosecuted or | ||
convicted, have been acquitted, have been convicted of a | ||
different offense, are not amenable to
justice, or lacked the | ||
capacity to commit the offense.
| ||
(d) When any person is convicted under this Section of | ||
engaging in a methamphetamine conspiracy, the following shall | ||
be subject to forfeiture to the State of Illinois: the receipts | ||
the person obtained in the conspiracy and any of the person's | ||
interests in, claims against, receipts from, or property or | ||
rights of any kind affording a source of influence over, the | ||
conspiracy. The circuit court may enter such injunctions, | ||
restraining orders, directions, or prohibitions, or take such | ||
other actions, including the acceptance of satisfactory | ||
performance bonds, in connection with any property, claim, | ||
receipt, right, or other interest subject to forfeiture under | ||
this Section, as it deems proper.
| ||
Section 70. Probation. | ||
(a) Whenever any person who has not previously been | ||
convicted of, or placed on probation or court supervision for | ||
any offense under this Act, the Illinois Controlled Substances | ||
Act, the Cannabis Control Act, or any law of the United States | ||
or of any state relating to cannabis or controlled substances, | ||
pleads guilty to or is found guilty of possession of less than | ||
15 grams of methamphetamine under paragraph (1) or (2) of | ||
subsection (b) of Section 60 of this Act, the court, without | ||
entering a judgment and with the consent of the person, may | ||
sentence him or her to probation.
| ||
(b) When a person is placed on probation, the court shall | ||
enter an order specifying a period of probation of 24 months | ||
and shall defer further proceedings in the case until the | ||
conclusion of the period or until the filing of a petition | ||
alleging violation of a term or condition of probation.
| ||
(c) The conditions of probation shall be that the person: |
(1) not violate any criminal statute of any | ||
jurisdiction; | ||
(2) refrain from possessing a firearm or other | ||
dangerous weapon; | ||
(3) submit to periodic drug testing at a time and in a | ||
manner as ordered by the court, but no less than 3 times | ||
during the period of the probation, with the cost of the | ||
testing to be paid by the probationer; and | ||
(4) perform no less than 30 hours of community service, | ||
if community service is available in the jurisdiction and | ||
is funded and approved by the county board.
| ||
(d) The court may, in addition to other conditions, require | ||
that the person take one or more of the following actions:
| ||
(1) make a report to and appear in person before or | ||
participate with the court or such courts, person, or | ||
social service agency as directed by the court in the order | ||
of probation;
| ||
(2) pay a fine and costs;
| ||
(3) work or pursue a course of study or vocational | ||
training;
| ||
(4) undergo medical or psychiatric treatment; or | ||
treatment or rehabilitation approved by the Illinois | ||
Department of Human Services;
| ||
(5) attend or reside in a facility established for the | ||
instruction or residence of defendants on probation;
| ||
(6) support his or her dependents;
| ||
(7) refrain from having in his or her body the presence | ||
of any illicit drug prohibited by this Act, the Cannabis | ||
Control Act, or the Illinois Controlled Substances Act, | ||
unless prescribed by a physician, and submit samples of his | ||
or her blood or urine or both for tests to determine the | ||
presence of any illicit drug; or
| ||
(8) if a minor:
| ||
(i) reside with his or her parents or in a foster | ||
home;
| ||
(ii) attend school;
|
(iii) attend a non-residential program for youth; | ||
or
| ||
(iv) contribute to his or her own support at home | ||
or in a foster home.
| ||
(e) Upon violation of a term or condition of probation, the | ||
court may enter a judgment on its original finding of guilt and | ||
proceed as otherwise provided.
| ||
(f) Upon fulfillment of the terms and conditions of | ||
probation, the court shall discharge the person and dismiss the | ||
proceedings against the person.
| ||
(g) A disposition of probation is considered to be a | ||
conviction for the purposes of imposing the conditions of | ||
probation and for appeal, however, discharge and dismissal | ||
under this Section is not a conviction for purposes of this Act | ||
or for purposes of disqualifications or disabilities imposed by | ||
law upon conviction of a crime.
| ||
(h) There may be only one discharge and dismissal under | ||
this Section, Section 410 of the Illinois Controlled Substances | ||
Act, or Section 10 of the Cannabis Control Act with respect to | ||
any person.
| ||
(i) If a person is convicted of an offense under this Act, | ||
the Cannabis Control Act, or the Illinois Controlled Substances | ||
Act within 5 years subsequent to a discharge and dismissal | ||
under this Section, the discharge and dismissal under this | ||
Section are admissible in the sentencing proceeding for that | ||
conviction as evidence in aggravation.
| ||
Section 75. Fines. | ||
(a) Whenever any person pleads guilty to, is found guilty | ||
of, or is placed on supervision for an offense under this Act, | ||
a fine may be levied in addition to any other penalty imposed | ||
by the court.
| ||
(b) In determining whether to impose a fine under this | ||
Section and the amount, time for payment, and method of payment | ||
of any fine so imposed, the court shall:
| ||
(1) consider the defendant's income, regardless of
|
source, the defendant's earning capacity and the | ||
defendant's financial resources, as well as the nature of | ||
the burden the fine will impose on the defendant and any | ||
person legally or financially dependent upon the | ||
defendant;
| ||
(2) consider the proof received at trial, or as a
| ||
result of a plea of guilty, concerning the full street | ||
value of the controlled substances seized and any profits | ||
or other proceeds derived by the defendant from the | ||
violation of this Act;
| ||
(3) take into account any other pertinent equitable
| ||
considerations; and
| ||
(4) give primary consideration to the need to
deprive | ||
the defendant of illegally obtained profits or other | ||
proceeds from the offense.
| ||
For the purpose of paragraph (2) of this subsection (b), | ||
"street value" shall be determined by the court on the basis of | ||
testimony of law enforcement personnel and the defendant as to | ||
the amount seized and such testimony as may be required by the | ||
court as to the current street value of the controlled | ||
substances.
| ||
(c) As a condition of a fine, the court may require that | ||
payment be made in specified installments or within a specified | ||
period of time, but the period shall not be greater than the | ||
maximum applicable term of probation or imprisonment, | ||
whichever is greater. Unless otherwise specified, payment of a | ||
fine shall be due immediately.
| ||
(d) If a fine for a violation of this Act is imposed on an | ||
organization, it is the duty of each individual authorized to | ||
make disbursements of the assets of the organization to pay the | ||
fine from the assets of the organization.
| ||
(e) A defendant who has been sentenced to pay a fine, and | ||
who has paid part but not all of the fine, may petition the | ||
court for an extension of the time for payment or modification | ||
of the method of payment.
The court may grant the petition if | ||
it finds that: |
(1) the circumstances that warranted payment by the
| ||
time or method specified no longer exist; or
| ||
(2) it is otherwise unjust to require payment of
the | ||
fine by the time or method specified.
| ||
Section 80. Assessment. | ||
(a) Every person convicted of a violation of this Act, and | ||
every person placed on probation, conditional discharge, | ||
supervision, or probation under this Act, shall be assessed for | ||
each offense a sum fixed at:
| ||
(1) $3,000 for a Class X felony;
| ||
(2) $2,000 for a Class 1 felony;
| ||
(3) $1,000 for a Class 2 felony;
| ||
(4) $500 for a Class 3 or Class 4 felony. | ||
(b) The assessment under this Section is in addition to and | ||
not in lieu of any fines, restitution, costs, forfeitures, or | ||
other assessments authorized or required by law.
| ||
(c) As a condition of the assessment, the court may require | ||
that payment be made in specified installments or within a | ||
specified period of time. If the assessment is not paid within | ||
the period of probation, conditional discharge, or supervision | ||
to which the defendant was originally sentenced, the court may | ||
extend the period of probation, conditional discharge, or | ||
supervision pursuant to Section 5-6-2 or 5-6-3.1 of the Unified | ||
Code of Corrections, as applicable, until the assessment is | ||
paid or until successful completion of public or community | ||
service set forth in subsection (e) or the successful | ||
completion of the substance abuse intervention or treatment | ||
program set forth in subsection (f). If a term of probation, | ||
conditional discharge, or supervision is not imposed, the | ||
assessment shall be payable upon judgment or as directed by the | ||
court.
| ||
(d) If an assessment for a violation of this Act is imposed | ||
on an organization, it is the duty of each individual | ||
authorized to make disbursements of the assets of the | ||
organization to pay the assessment from assets of the |
organization.
| ||
(e) A defendant who has been ordered to pay an assessment | ||
may petition the court to convert all or part of the assessment | ||
into court-approved public or community service. One hour of | ||
public or community service shall be equivalent to $4 of | ||
assessment. The performance of this public or community service | ||
shall be a condition of the probation, conditional discharge, | ||
or supervision and shall be in addition to the performance of | ||
any other period of public or community service ordered by the | ||
court or required by law.
| ||
(f) The court may suspend the collection of the assessment | ||
imposed under this Section if the defendant agrees to enter a | ||
substance abuse intervention or treatment program approved by | ||
the court and the defendant agrees to pay for all or some | ||
portion of the costs associated with the intervention or | ||
treatment program. In this case, the collection of the | ||
assessment imposed under this Section shall be suspended during | ||
the defendant's participation in the approved intervention or | ||
treatment program. Upon successful completion of the program, | ||
the defendant may apply to the court to reduce the assessment | ||
imposed under this Section by any amount actually paid by the | ||
defendant for his or her participation in the program. The | ||
court shall not reduce the penalty under this subsection unless | ||
the defendant establishes to the satisfaction of the court that | ||
he or she has successfully completed the intervention or | ||
treatment program. If the defendant's participation is for any | ||
reason terminated before his or her successful completion of | ||
the intervention or treatment program, collection of the entire | ||
assessment imposed under this Section shall be enforced. | ||
Nothing in this Section shall be deemed to affect or suspend | ||
any other fines, restitution costs, forfeitures, or | ||
assessments imposed under this or any other Act.
| ||
(g) The court shall not impose more than one assessment per | ||
complaint, indictment, or information. If the person is | ||
convicted of more than one offense in a complaint, indictment, | ||
or information, the assessment shall be based on the highest |
class offense for which the person is convicted.
| ||
(h) In counties with a population under 3,000,000, all | ||
moneys collected under this Section shall be forwarded by the | ||
clerk of the circuit court to the State Treasurer for deposit | ||
in the Drug Treatment Fund. The Department of Human Services | ||
may make grants to persons licensed under Section 15-10 of the | ||
Alcoholism and Other Drug Abuse and Dependency Act or to | ||
municipalities or counties from funds appropriated to the | ||
Department from the Drug Treatment Fund for the treatment of | ||
pregnant women who are addicted to alcohol, cannabis or | ||
controlled substances and for the needed care of minor, | ||
unemancipated children of women undergoing residential drug | ||
treatment. If the Department of Human Services grants funds to | ||
a municipality or a county that the Department determines is | ||
not experiencing a problem with pregnant women addicted to | ||
alcohol, cannabis or controlled substances, or with care for | ||
minor, unemancipated children of women undergoing residential | ||
drug treatment, or intervention, the funds shall be used for | ||
the treatment of any person addicted to alcohol, cannabis, or | ||
controlled substances. The Department may adopt such rules as | ||
it deems appropriate for the administration of such grants.
| ||
(i) In counties with a population of 3,000,000 or more, all | ||
moneys collected under this Section shall be forwarded to the | ||
County Treasurer for deposit into the County Health Fund. The | ||
County Treasurer shall, no later than the 15th day of each | ||
month, forward to the State Treasurer 30 percent of all moneys | ||
collected under this Act and received into the County Health | ||
Fund since the prior remittance to the State Treasurer. Funds | ||
retained by the County shall be used for community-based | ||
treatment of pregnant women who are addicted to alcohol, | ||
cannabis, or controlled substances or for the needed care of | ||
minor, unemancipated children of these women. Funds forwarded | ||
to the State Treasurer shall be deposited into the State Drug | ||
Treatment Fund maintained by the State Treasurer from which the | ||
Department of Human Services may make grants to persons | ||
licensed under Section 15-10 of the Alcoholism and Other Drug |
Abuse and Dependency Act or to municipalities or counties from | ||
funds appropriated to the Department from the Drug Treatment | ||
Fund, provided that the moneys collected from each county be | ||
returned proportionately to the counties through grants to | ||
licensees located within the county from which the assessment | ||
was received and moneys in the State Drug Treatment Fund shall | ||
not supplant other local, State or federal funds. If the | ||
Department of Human Services grants funds to a municipality or | ||
county that the Department determines is not experiencing a | ||
problem with pregnant women addicted to alcohol, cannabis or | ||
controlled substances, or with care for minor, unemancipated | ||
children or women undergoing residential drug treatment, the | ||
funds shall be used for the treatment of any person addicted to | ||
alcohol, cannabis or controlled substances. The Department may | ||
adopt such rules as it deems appropriate for the administration | ||
of such grants.
| ||
Section 85. Forfeiture. | ||
(a) The following are subject to forfeiture:
| ||
(1) all substances containing methamphetamine which | ||
have
been produced, manufactured, delivered, or possessed | ||
in violation of this Act;
| ||
(2) all methamphetamine manufacturing materials which | ||
have
been produced, delivered, or possessed in connection | ||
with any substance containing methamphetamine in violation | ||
of this Act;
| ||
(3) all conveyances, including aircraft, vehicles or
| ||
vessels, which are used, or intended for use, to transport, | ||
or in any manner to facilitate the transportation, sale, | ||
receipt, possession, or concealment of property described | ||
in paragraph (1) or (2) that constitutes a felony violation | ||
of the Act, but:
| ||
(i) no conveyance used by any person as a common
| ||
carrier in the transaction of business as a common | ||
carrier is subject to forfeiture under this Section | ||
unless it appears that the owner or other person in |
charge of the conveyance is a consenting party or privy | ||
to a violation of this Act;
| ||
(ii) no conveyance is subject to forfeiture
under | ||
this Section by reason of any act or omission which the | ||
owner proves to have been committed or omitted without | ||
his or her knowledge or consent;
| ||
(iii) a forfeiture of a conveyance encumbered by
a | ||
bona fide security interest is subject to the interest | ||
of the secured party if he or she neither had knowledge | ||
of nor consented to the act or omission;
| ||
(4) all money, things of value, books, records, and
| ||
research products and materials including formulas, | ||
microfilm, tapes, and data which are used, or intended for | ||
use in a felony violation of this Act;
| ||
(5) everything of value furnished or intended to be
| ||
furnished by any person in exchange for a substance in | ||
violation of this Act, all proceeds traceable to such an | ||
exchange, and all moneys, negotiable instruments, and | ||
securities used, or intended to be used, to commit or in | ||
any manner to facilitate any felony violation of this Act.
| ||
(6) all real property, including any right, title, and | ||
interest (including, but not limited to, any leasehold | ||
interest or the beneficial interest in a land trust) in the | ||
whole of any lot or tract of land and any appurtenances or | ||
improvements, which is used, or intended to be used, in any | ||
manner or part, to commit, or in any manner to facilitate | ||
the commission of, any violation or act that constitutes a | ||
violation of this Act or that is the proceeds of any | ||
violation or act that constitutes a violation of this Act.
| ||
(b) Property subject to forfeiture under this Act may be | ||
seized by the Director or any peace officer upon process or | ||
seizure warrant issued by any court having jurisdiction over | ||
the property. Seizure by the Director or any peace officer | ||
without process may be made:
| ||
(1) if the property subject to seizure has been the
| ||
subject of a prior judgment in favor of the State in a |
criminal proceeding or in an injunction or forfeiture | ||
proceeding based upon this Act or the Drug Asset Forfeiture | ||
Procedure Act;
| ||
(2) if there is probable cause to believe that the
| ||
property is directly or indirectly dangerous to health or | ||
safety;
| ||
(3) if there is probable cause to believe that the
| ||
property is subject to forfeiture under this Act and the | ||
property is seized under circumstances in which a | ||
warrantless seizure or arrest would be reasonable; or
| ||
(4) in accordance with the Code of Criminal
Procedure | ||
of 1963.
| ||
(c) In the event of seizure pursuant to subsection (b), | ||
forfeiture proceedings shall be instituted in accordance with | ||
the Drug Asset Forfeiture Procedure Act.
| ||
(d) Property taken or detained under this Section is not | ||
subject to replevin, but is deemed to be in the custody of the | ||
Director subject only to the order and judgments of the circuit | ||
court having jurisdiction over the forfeiture proceedings and | ||
the decisions of the State's Attorney under the Drug Asset | ||
Forfeiture Procedure Act. When property is seized under this | ||
Act, the seizing agency shall promptly conduct an inventory of | ||
the seized property, estimate the property's value, and forward | ||
a copy of the inventory of seized property and the estimate of | ||
the property's value to the Director. Upon receiving notice of | ||
seizure, the Director may:
| ||
(1) place the property under seal;
| ||
(2) remove the property to a place designated by him or | ||
her;
| ||
(3) keep the property in the possession of the
seizing | ||
agency;
| ||
(4) remove the property to a storage area for
| ||
safekeeping or, if the property is a negotiable instrument | ||
or money and is not needed for evidentiary purposes, | ||
deposit it in an interest bearing account;
| ||
(5) place the property under constructive seizure by
|
posting notice of pending forfeiture on it, by giving | ||
notice of pending forfeiture to its owners and interest | ||
holders, or by filing notice of pending forfeiture in any | ||
appropriate public record relating to the property; or
| ||
(6) provide for another agency or custodian,
including | ||
an owner, secured party, or lienholder, to take custody of | ||
the property upon the terms and conditions set by the | ||
Director.
| ||
(e) No disposition may be made of property under seal until | ||
the time for taking an appeal has elapsed or until all appeals | ||
have been concluded unless a court, upon application therefor, | ||
orders the sale of perishable substances and the deposit of the | ||
proceeds of the sale with the court.
| ||
(f) When property is forfeited under this Act, the Director | ||
shall sell the property unless the property is required by law | ||
to be destroyed or is harmful to the public, and shall | ||
distribute the proceeds of the sale, together with any moneys | ||
forfeited or seized, in accordance with subsection (g). | ||
However, upon the application of the seizing agency or | ||
prosecutor who was responsible for the investigation, arrest or | ||
arrests and prosecution which lead to the forfeiture, the | ||
Director may return any item of forfeited property to the | ||
seizing agency or prosecutor for official use in the | ||
enforcement of laws relating to methamphetamine, cannabis, or | ||
controlled substances, if the agency or prosecutor | ||
demonstrates that the item requested would be useful to the | ||
agency or prosecutor in their enforcement efforts. When any | ||
real property returned to the seizing agency is sold by the | ||
agency or its unit of government, the proceeds of the sale | ||
shall be delivered to the Director and distributed in | ||
accordance with subsection (g).
| ||
(g) All moneys and the sale proceeds of all other property | ||
forfeited and seized under this Act shall be distributed as | ||
follows:
| ||
(1) 65% shall be distributed to the metropolitan
| ||
enforcement group, local, municipal, county, or State law |
enforcement agency or agencies which conducted or | ||
participated in the investigation resulting in the | ||
forfeiture. The distribution shall bear a reasonable | ||
relationship to the degree of direct participation of the | ||
law enforcement agency in the effort resulting in the | ||
forfeiture, taking into account the total value of the | ||
property forfeited and the total law enforcement effort | ||
with respect to the violation of the law upon which the | ||
forfeiture is based. Amounts distributed to the agency or | ||
agencies shall be used for the enforcement of laws | ||
governing methamphetamine, cannabis, and controlled | ||
substances, except that amounts distributed to the | ||
Secretary of State shall be deposited into the Secretary of | ||
State Evidence Fund to be used as provided in Section 2-115 | ||
of the Illinois Vehicle Code.
| ||
(2)(i) 12.5% shall be distributed to the Office of
the | ||
State's Attorney of the county in which the prosecution | ||
resulting in the forfeiture was instituted, deposited in a | ||
special fund in the county treasury and appropriated to the | ||
State's Attorney for use in the enforcement of laws | ||
governing methamphetamine, cannabis, and controlled | ||
substances. In counties with a population over 3,000,000, | ||
25% shall be distributed to the Office of the State's | ||
Attorney for use in the enforcement of laws governing | ||
methamphetamine, cannabis, and controlled substances. If | ||
the prosecution is undertaken solely by the Attorney | ||
General, the portion provided hereunder shall be | ||
distributed to the Attorney General for use in the | ||
enforcement of laws governing methamphetamine, cannabis, | ||
and controlled substances.
| ||
(ii) 12.5% shall be distributed to the Office of
the | ||
State's Attorneys Appellate Prosecutor and deposited in | ||
the Narcotics Profit Forfeiture Fund of that Office to be | ||
used for additional expenses incurred in the | ||
investigation, prosecution and appeal of cases arising | ||
under laws governing methamphetamine, cannabis, and |
controlled substances. The Office of the State's Attorneys | ||
Appellate Prosecutor shall not receive distribution from | ||
cases brought in counties with a population over 3,000,000.
| ||
(3) 10% shall be retained by the Department of State
| ||
Police for expenses related to the administration and sale | ||
of seized and forfeited property.
| ||
Section 90. Methamphetamine restitution. | ||
(a) If a person commits a violation of this Act in a manner | ||
that requires an emergency response, the person shall be | ||
required to make restitution to all public entities involved in | ||
the emergency response, to cover the reasonable cost of their
| ||
participation in the emergency response, including but not | ||
limited to regular and overtime costs incurred by local law | ||
enforcement agencies and private contractors paid by the public | ||
agencies in securing the site. The convicted person shall make | ||
this restitution in addition to any other fine or penalty | ||
required by law.
| ||
(b) Any restitution payments made under this Section shall | ||
be disbursed equitably by the circuit clerk in the following | ||
order: | ||
(1) first, to the local agencies involved in the | ||
emergency response; | ||
(2) second, to the State agencies involved in the | ||
emergency response; and | ||
(3) third, to the federal agencies involved in the | ||
emergency response. | ||
Section 95. Youth Drug Abuse Prevention Fund. | ||
(a) Twelve and one-half percent of all amounts collected as | ||
fines pursuant to the provisions of this Article shall be paid | ||
into the Youth Drug Abuse Prevention Fund created by the | ||
Controlled Substances Act in the State treasury, to be used by | ||
the Department for the funding of programs and services for | ||
drug-abuse treatment, and prevention and education services, | ||
for juveniles. |
(b) Eighty-seven and one-half percent of the proceeds of | ||
all fines received under the provisions of this Act shall be | ||
transmitted to and deposited into the State treasury and | ||
distributed as follows: | ||
(1) If such seizure was made by a combination of law
| ||
enforcement personnel representing differing units of | ||
local government, the court levying the fine shall | ||
equitably allocate 50% of the fine among these units of | ||
local government and shall allocate 37.5% to the county | ||
general corporate fund. If the seizure was made by law | ||
enforcement personnel representing a unit of local | ||
government from a municipality where the number of | ||
inhabitants exceeds 2 million in population, the court | ||
levying the fine shall allocate 87.5% of the fine to that | ||
unit of local government. If the seizure was made by a | ||
combination of law enforcement personnel representing | ||
differing units of local government and if at least one of | ||
those units represents a municipality where the number of | ||
inhabitants exceeds 2 million in population, the court | ||
shall equitably allocate 87.5% of the proceeds of the fines | ||
received among the differing units of local government.
| ||
(2) If such seizure was made by State law
enforcement | ||
personnel, then the court shall allocate 37.5% to the State | ||
treasury and 50% to the county general corporate fund.
| ||
(3) If a State law enforcement agency in combination
| ||
with any law enforcement agency or agencies of a unit or | ||
units of local government conducted the seizure, the court | ||
shall equitably allocate 37.5% of the fines to or among the | ||
law enforcement agency or agencies of the unit or units of | ||
local government that conducted the seizure and shall | ||
allocate 50% to the county general corporate fund.
| ||
(c) The proceeds of all fines allocated to the law | ||
enforcement agency or agencies of the unit or units of local | ||
government pursuant to subsection (b) shall be made available | ||
to that law enforcement agency as expendable receipts for use | ||
in the enforcement of laws regulating controlled substances and |
cannabis. The proceeds of fines awarded to the State treasury | ||
shall be deposited in a special fund known as the Drug Traffic | ||
Prevention Fund, except that amounts distributed to the | ||
Secretary of State shall be deposited into the Secretary of | ||
State Evidence Fund to be used as provided in Section 2-115 of | ||
the Illinois Vehicle Code. Moneys from this Fund may be used by | ||
the Department of State Police for use in the enforcement of | ||
laws regulating controlled substances and cannabis; to satisfy | ||
funding provisions of the Intergovernmental Drug Laws | ||
Enforcement Act; to defray costs and expenses associated with | ||
returning violators of the Cannabis Control Act and this Act | ||
only, as provided in those Acts, when punishment of the crime | ||
shall be confinement of the criminal in the penitentiary; and | ||
all other moneys shall be paid into the General Revenue Fund in | ||
the State treasury. | ||
Section 100. Second or subsequent offenses. | ||
(a) Any person convicted of a second or subsequent offense | ||
under this Act may be sentenced to imprisonment for a term up | ||
to twice the maximum term otherwise authorized, fined an amount | ||
up to twice that otherwise authorized, or both.
| ||
(b) Any penalty imposed for any violation of this Act is in | ||
addition to, and not in lieu of, any civil or administrative | ||
penalty or sanction otherwise authorized by this Act or any | ||
other law.
| ||
Section 105. Applicability. A prosecution for any | ||
violation of law occurring prior to the effective date of this | ||
Act is not affected or abated by this Act. If the offense being | ||
prosecuted would be a violation of this Act, and has not | ||
reached the sentencing stage or final adjudication, then for | ||
purposes of penalty the penalties under this Act apply if they | ||
are less than under the prior law upon which the prosecution | ||
was commenced. | ||
Section 110. Scope of Act. Nothing in this Act limits any |
authority or activity authorized by the Illinois Controlled | ||
Substances Act, the Medical Practice Act of 1987, the Nursing | ||
and Advanced Practice Nursing Act, the Pharmacy Practice Act of | ||
1987, the Illinois Dental Practice Act, the Podiatric Medical | ||
Practice Act of 1987, or the Veterinary Medicine and Surgery | ||
Practice Act of 2004. Nothing in this Act limits the authority | ||
or activity of any law enforcement officer acting within the | ||
scope of his or her employment. | ||
Section 901. The Alcoholism and Other Drug Abuse and | ||
Dependency Act is amended by changing Sections 5-10, 40-5, and | ||
50-35 as follows:
| ||
(20 ILCS 301/5-10)
| ||
Sec. 5-10. Functions of the Department.
| ||
(a) In addition to the powers, duties and functions vested | ||
in the Department
by this Act, or by other laws of this State, | ||
the Department shall carry out the
following activities:
| ||
(1) Design, coordinate and fund a comprehensive and | ||
coordinated
community-based and culturally and | ||
gender-appropriate array of services
throughout the State | ||
for the prevention, intervention, treatment and
| ||
rehabilitation of alcohol and other drug abuse and | ||
dependency that is
accessible and addresses the needs of | ||
at-risk or addicted individuals and their
families.
| ||
(2) Act as the exclusive State agency to accept, | ||
receive and expend,
pursuant to appropriation, any public | ||
or private monies, grants or services,
including those | ||
received from the federal government or from other State
| ||
agencies, for the purpose of providing an array of services | ||
for the prevention,
intervention, treatment and | ||
rehabilitation of alcoholism or other drug abuse or
| ||
dependency. Monies received by the Department shall be | ||
deposited into
appropriate funds as may be created by State | ||
law or administrative action.
| ||
(3) Coordinate a statewide strategy among State |
agencies for the
prevention, intervention, treatment and | ||
rehabilitation of alcohol and other
drug abuse and | ||
dependency. This strategy shall include the development of | ||
an
annual comprehensive State plan for the provision of an | ||
array of services for
education, prevention, intervention, | ||
treatment, relapse prevention and other
services and | ||
activities to alleviate alcoholism and other drug abuse and
| ||
dependency. The plan shall be based on local | ||
community-based needs and upon
data including, but not | ||
limited to, that which defines the prevalence of and
costs | ||
associated with the abuse of and dependency upon alcohol | ||
and other drugs.
This comprehensive State plan shall | ||
include identification of problems, needs,
priorities, | ||
services and other pertinent information, including the | ||
needs of
minorities and other specific populations in the | ||
State, and shall describe how
the identified problems and | ||
needs will be addressed. For purposes of this
paragraph, | ||
the term "minorities and other specific populations" may | ||
include,
but shall not be limited to, groups such as women, | ||
children, intravenous drug
users, persons with AIDS or who | ||
are HIV infected, African-Americans, Puerto
Ricans, | ||
Hispanics, Asian Americans, the elderly, persons in the | ||
criminal
justice system, persons who are clients of | ||
services provided by other State
agencies, persons with | ||
disabilities and such other specific populations as the
| ||
Department may from time to time identify. In developing | ||
the plan, the
Department shall seek input from providers, | ||
parent groups, associations and
interested citizens.
| ||
Beginning with State fiscal year 1996, the annual | ||
comprehensive State plan
developed under this Section | ||
shall include an explanation of the rationale to
be used in | ||
ensuring that funding shall be based upon local community | ||
needs,
including, but not limited to, the incidence and | ||
prevalence of, and costs
associated with, the abuse of and | ||
dependency upon alcohol and other drugs, as
well as upon | ||
demonstrated program performance.
|
The annual comprehensive State plan developed under | ||
this Section shall
contain a report detailing the | ||
activities of and progress made by the programs
for the | ||
care and treatment of addicted pregnant women, addicted | ||
mothers and
their children established under subsection | ||
(j) of Section 35-5 of this Act.
| ||
Each State agency which provides or funds alcohol or | ||
drug prevention,
intervention and treatment services shall | ||
annually prepare an agency plan for
providing such | ||
services, and these shall be used by the Department in | ||
preparing
the annual comprehensive statewide plan. Each | ||
agency's annual plan for alcohol
and drug abuse services | ||
shall contain a report on the activities and progress
of | ||
such services in the prior year. The Department may provide | ||
technical
assistance to other State agencies, as required, | ||
in the development of their
agency plans.
| ||
(4) Lead, foster and develop cooperation, coordination | ||
and agreements
among federal and State governmental | ||
agencies and local providers that provide
assistance, | ||
services, funding or other functions, peripheral or | ||
direct, in the
prevention, intervention, treatment or | ||
rehabilitation of alcoholism and other
drug abuse and | ||
dependency. This shall include, but shall not be limited | ||
to,
the following:
| ||
(A) Cooperate with and assist the Department of | ||
Corrections and
the Department on Aging in | ||
establishing and conducting programs relating to | ||
alcoholism
and other drug abuse and dependency among | ||
those populations which they
respectively serve.
| ||
(B) Cooperate with and assist the Illinois | ||
Department of Public Health
in the establishment, | ||
funding and support of programs and services for the
| ||
promotion of maternal and child health and the | ||
prevention and treatment of
infectious diseases, | ||
including but not limited to HIV infection, especially
| ||
with respect to those persons who may abuse drugs by |
intravenous injection, or
may have been sexual | ||
partners of drug abusers, or may have abused substances | ||
so
that their immune systems are impaired, causing them | ||
to be at high risk.
| ||
(C) Supply to the Department of Public Health and | ||
prenatal care
providers a list of all alcohol and other | ||
drug abuse service providers for
addicted pregnant | ||
women in this State.
| ||
(D) Assist in the placement of child abuse or | ||
neglect perpetrators
(identified by the Illinois | ||
Department of Children and Family Services) who
have | ||
been determined to be in need of alcohol or other drug | ||
abuse services
pursuant to Section 8.2 of the Abused | ||
and Neglected Child Reporting Act.
| ||
(E) Cooperate with and assist the Illinois | ||
Department of Children and
Family Services in carrying | ||
out its mandates to:
| ||
(i) identify alcohol and other drug abuse | ||
issues among its clients and
their families; and
| ||
(ii) develop programs and services to deal | ||
with such problems.
| ||
These programs and services may include, but shall not | ||
be limited to,
programs to prevent the abuse of alcohol | ||
or other drugs by DCFS clients and
their families, | ||
rehabilitation services, identifying child care needs | ||
within
the array of alcohol and other drug abuse | ||
services, and assistance with other
issues as | ||
required.
| ||
(F) Cooperate with and assist the Illinois | ||
Criminal Justice Information
Authority with respect to | ||
statistical and other information concerning drug
| ||
abuse incidence and prevalence.
| ||
(G) Cooperate with and assist the State | ||
Superintendent of Education,
boards of education, | ||
schools, police departments, the Illinois Department | ||
of
State Police, courts and other public and private |
agencies and individuals in
establishing prevention | ||
programs statewide and preparing curriculum materials
| ||
for use at all levels of education. An agreement shall | ||
be entered into with the
State Superintendent of | ||
Education to assist in the establishment of such
| ||
programs.
| ||
(H) Cooperate with and assist the Illinois | ||
Department of Public Aid in
the development and | ||
provision of services offered to recipients of public
| ||
assistance for the treatment and prevention of | ||
alcoholism and other drug abuse
and dependency.
| ||
(I) Provide training recommendations to other | ||
State agencies funding
alcohol or other drug abuse | ||
prevention, intervention, treatment or
rehabilitation | ||
services.
| ||
(5) From monies appropriated to the Department from the | ||
Drunk and Drugged
Driving Prevention Fund, make grants to | ||
reimburse DUI evaluation and remedial
education programs | ||
licensed by the Department for the costs of providing
| ||
indigent persons with free or reduced-cost services | ||
relating to a charge of
driving under the influence of | ||
alcohol or other drugs.
| ||
(6) Promulgate regulations to provide appropriate | ||
standards for publicly
and privately funded programs as | ||
well as for levels of payment to government
funded programs | ||
which provide an array of services for prevention,
| ||
intervention, treatment and rehabilitation for alcoholism | ||
and other drug abuse
or dependency.
| ||
(7) In consultation with local service providers, | ||
specify a uniform
statistical methodology for use by | ||
agencies, organizations, individuals and the
Department | ||
for collection and dissemination of statistical | ||
information
regarding services related to alcoholism and | ||
other drug use and abuse. This
shall include prevention | ||
services delivered, the number of persons treated,
| ||
frequency of admission and readmission, and duration of |
treatment.
| ||
(8) Receive data and assistance from federal, State and | ||
local governmental
agencies, and obtain copies of | ||
identification and arrest data from all federal,
State and | ||
local law enforcement agencies for use in carrying out the | ||
purposes
and functions of the Department.
| ||
(9) Designate and license providers to conduct | ||
screening, assessment,
referral and tracking of clients | ||
identified by the criminal justice system as
having | ||
indications of alcoholism or other drug abuse or dependency | ||
and being
eligible to make an election for treatment under | ||
Section 40-5 of this Act, and
assist in the placement of | ||
individuals who are under court order to participate
in | ||
treatment.
| ||
(10) Designate medical examination and other programs | ||
for determining
alcoholism and other drug abuse and | ||
dependency.
| ||
(11) Encourage service providers who receive financial | ||
assistance in any
form from the State to assess and collect | ||
fees for services rendered.
| ||
(12) Make grants with funds appropriated from the Drug | ||
Treatment Fund in
accordance with Section 7 of the | ||
Controlled Substance and Cannabis Nuisance
Act, or in | ||
accordance with Section 80 of the Methamphetamine Control | ||
and Community Protection Act, or in accordance with | ||
subsections (h) and (i) of Section 411.2 of the
Illinois | ||
Controlled Substances Act.
| ||
(13) Encourage all health and disability insurance | ||
programs to include
alcoholism and other drug abuse and | ||
dependency as a covered illness.
| ||
(14) Make such agreements, grants-in-aid and | ||
purchase-care arrangements
with any other department, | ||
authority or commission of this State, or any other
state | ||
or the federal government or with any public or private | ||
agency, including
the disbursement of funds and furnishing | ||
of staff, to effectuate the purposes
of this Act.
|
(15) Conduct a public information campaign to inform | ||
the State's
Hispanic residents regarding the prevention | ||
and treatment of alcoholism.
| ||
(b) In addition to the powers, duties and functions vested | ||
in it by this
Act, or by other laws of this State, the | ||
Department may undertake, but shall
not be limited to, the | ||
following activities:
| ||
(1) Require all programs funded by the Department to | ||
include an education
component to inform participants | ||
regarding the causes and means of transmission
and methods | ||
of reducing the risk of acquiring or transmitting HIV | ||
infection,
and to include funding for such education | ||
component in its support of the
program.
| ||
(2) Review all State agency applications for federal | ||
funds which include
provisions relating to the prevention, | ||
early intervention and treatment of
alcoholism and other | ||
drug abuse and dependency in order to ensure consistency
| ||
with the comprehensive statewide plan developed pursuant | ||
to this Act.
| ||
(3) Prepare, publish, evaluate, disseminate and serve | ||
as a central
repository for educational materials dealing | ||
with the nature and effects of
alcoholism and other drug | ||
abuse and dependency. Such materials may deal with
the | ||
educational needs of the citizens of Illinois, and may | ||
include at least
pamphlets which describe the causes and | ||
effects of fetal alcohol syndrome,
which the Department may | ||
distribute free of charge to each county clerk in
| ||
sufficient quantities that the county clerk may provide a | ||
pamphlet to the
recipients of all marriage licenses issued | ||
in the county.
| ||
(4) Develop and coordinate, with regional and local | ||
agencies, education
and training programs for persons | ||
engaged in providing the array of services
for persons | ||
having alcoholism or other drug abuse and dependency | ||
problems,
which programs may include specific HIV | ||
education and training for program
personnel.
|
(5) Cooperate with and assist in the development of | ||
education, prevention
and treatment programs for employees | ||
of State and local governments and
businesses in the State.
| ||
(6) Utilize the support and assistance of interested | ||
persons in the
community, including recovering addicts and | ||
alcoholics, to assist individuals
and communities in | ||
understanding the dynamics of addiction, and to encourage
| ||
individuals with alcohol or other drug abuse or dependency | ||
problems to
voluntarily undergo treatment.
| ||
(7) Promote, conduct, assist or sponsor basic | ||
clinical, epidemiological
and statistical research into | ||
alcoholism and other drug abuse and dependency,
and | ||
research into the prevention of those problems either | ||
solely or in
conjunction with any public or private agency.
| ||
(8) Cooperate with public and private agencies, | ||
organizations and
individuals in the development of | ||
programs, and to provide technical assistance
and | ||
consultation services for this purpose.
| ||
(9) Publish or provide for the publishing of a manual | ||
to assist medical
and social service providers in | ||
identifying alcoholism and other drug abuse and
dependency | ||
and coordinating the multidisciplinary delivery of | ||
services to
addicted pregnant women, addicted mothers and | ||
their children. The manual may
be used only to provide | ||
information and may not be used by the Department to
| ||
establish practice standards. The Department may not | ||
require recipients to use
specific providers nor may they | ||
require providers to refer recipients to
specific | ||
providers. The manual may include, but need not be limited | ||
to, the
following:
| ||
(A) Information concerning risk assessments of | ||
women seeking prenatal,
natal, and postnatal medical | ||
care.
| ||
(B) Information concerning risk assessments of | ||
infants who may be
substance-affected.
| ||
(C) Protocols that have been adopted by the |
Illinois Department of
Children and Family Services | ||
for the reporting and investigation of allegations
of | ||
child abuse or neglect under the Abused and Neglected | ||
Child Reporting Act.
| ||
(D) Summary of procedures utilized in juvenile | ||
court in cases of
children alleged or found to be | ||
abused or neglected as a result of being born
to | ||
addicted women.
| ||
(E) Information concerning referral of addicted | ||
pregnant women,
addicted mothers and their children by | ||
medical, social service, and substance
abuse treatment | ||
providers, by the Departments of Children and Family | ||
Services, Public Aid, Public Health, and
Human | ||
Services.
| ||
(F) Effects of substance abuse on infants and | ||
guidelines on the
symptoms, care, and comfort of | ||
drug-withdrawing infants.
| ||
(G) Responsibilities of the Illinois Department of | ||
Public Health to
maintain statistics on the number of | ||
children in Illinois addicted at birth.
| ||
(10) To the extent permitted by federal law or | ||
regulation, establish and
maintain a clearinghouse and | ||
central repository for the development and
maintenance of a | ||
centralized data collection and dissemination system and a
| ||
management information system for all alcoholism and other | ||
drug abuse
prevention, early intervention and treatment | ||
services.
| ||
(11) Fund, promote or assist programs, services, | ||
demonstrations or
research dealing with addictive or | ||
habituating behaviors detrimental to the
health of | ||
Illinois citizens.
| ||
(12) With monies appropriated from the Group Home Loan | ||
Revolving Fund,
make loans, directly or through | ||
subcontract, to assist in underwriting the
costs of housing | ||
in which individuals recovering from alcohol or other drug
| ||
abuse or dependency may reside in groups of not less than 6 |
persons, pursuant
to Section 50-40 of this Act.
| ||
(13) Promulgate such regulations as may be necessary | ||
for the
administration of grants or to otherwise carry out | ||
the purposes and enforce the
provisions of this Act.
| ||
(14) Fund programs to help parents be effective in | ||
preventing
substance abuse by building an awareness of | ||
drugs and alcohol and the family's
role in preventing abuse | ||
through adjusting expectations, developing new skills,
and | ||
setting positive family goals. The programs shall include, | ||
but not be
limited to, the following subjects: healthy | ||
family communication; establishing
rules and limits; how | ||
to reduce family conflict; how to build self-esteem,
| ||
competency, and responsibility in children; how to improve | ||
motivation and
achievement; effective discipline; problem | ||
solving techniques; and how to talk
about drugs and | ||
alcohol. The programs shall be open to all parents.
| ||
(Source: P.A. 88-80; incorporates 88-171; 88-670, eff. | ||
12-2-94; 89-363, eff.
1-1-96; 89-507, eff. 7-1-97.)
| ||
(20 ILCS 301/40-5)
| ||
Sec. 40-5. Election of treatment. An addict or alcoholic | ||
who is charged
with or convicted of a crime may elect treatment | ||
under the supervision of a
licensed program designated by the | ||
Department, referred to in this Article
as "designated | ||
program", unless:
| ||
(1) the crime is a crime of violence;
| ||
(2) the crime is a violation of Section 401(a), 401(b), | ||
401(c) where the
person electing treatment has been | ||
previously convicted of a non-probationable
felony or the | ||
violation is non-probationable, 401(d) where the violation | ||
is
non-probationable, 401.1, 402(a), 405 or 407 of the | ||
Illinois Controlled
Substances
Act, or Section 4(d), 4(e), | ||
4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7
or 9 of the | ||
Cannabis Control Act or Section 15, 20, 55, 60, or 65 of | ||
the Methamphetamine Control and Community Protection Act ;
| ||
(3) the person has a record of 2 or more convictions of |
a crime of
violence;
| ||
(4) other criminal proceedings alleging commission of | ||
a felony are pending
against the person;
| ||
(5) the person is on probation or parole and the | ||
appropriate parole or
probation authority does not consent | ||
to that election;
| ||
(6) the person elected and was admitted to a designated | ||
program on 2 prior
occasions within any consecutive 2-year | ||
period;
| ||
(7) the person has been convicted of residential | ||
burglary and has a record
of one or more felony | ||
convictions;
| ||
(8) the crime is a violation of Section 11-501 of the | ||
Illinois Vehicle
Code or a similar provision of a local | ||
ordinance; or
| ||
(9) the crime is a reckless homicide or a reckless | ||
homicide of an unborn
child, as defined in Section 9-3 or | ||
9-3.2 of the Criminal Code of 1961, in
which the cause of | ||
death consists of the driving of a motor vehicle by a | ||
person
under the influence of alcohol or any other drug or | ||
drugs at the time of the
violation.
| ||
(Source: P.A. 90-397, eff. 8-15-97.)
| ||
(20 ILCS 301/50-35)
| ||
Sec. 50-35. Drug Treatment Fund.
| ||
(a) There is hereby established the Drug Treatment Fund, to | ||
be held as a
separate fund in the State treasury. There shall | ||
be deposited into this fund
such amounts as may be received | ||
under subsections (h) and (i) of Section 411.2
of the Illinois | ||
Controlled Substances Act, under Section 80 of the | ||
Methamphetamine Control and Community Protection Act, and | ||
under Section 7 of the
Controlled Substance and Cannabis | ||
Nuisance Act.
| ||
(b) Monies in this fund shall be appropriated to the | ||
Department for the
purposes and activities set forth in | ||
subsections (h) and (i) of Section 411.2
of the Illinois |
Controlled Substances Act, or in Section 7 of the Controlled
| ||
Substance and Cannabis Nuisance Act.
| ||
(Source: P.A. 88-80.)
| ||
Section 902. The Department of Human Services (Alcoholism | ||
and Substance Abuse)
Law of the Civil Administrative Code of | ||
Illinois is amended by changing Section 310-5 as follows:
| ||
(20 ILCS 310/310-5) (was 20 ILCS 5/9.29)
| ||
Sec. 310-5. Powers under certain Acts. The Department of | ||
Human
Services, as successor to the
Department of Alcoholism | ||
and Substance Abuse, shall exercise, administer,
and enforce | ||
all rights, powers, and duties formerly vested in the
| ||
Department of Mental Health and Developmental Disabilities by | ||
the following
named Acts or Sections of those Acts as they | ||
pertain to
the provision of alcoholism services and the | ||
Dangerous Drugs
Commission:
| ||
(1) The Cannabis Control Act.
| ||
(2) The Illinois Controlled Substances Act.
| ||
(3) The Community Mental Health Act.
| ||
(4) The Community Services Act.
| ||
(5) The Methamphetamine Control and Community | ||
Protection Act.
| ||
(Source: P.A. 91-239, eff. 1-1-00.)
| ||
Section 905. The Department of State Police Law of the
| ||
Civil Administrative Code of Illinois is amended by changing | ||
Section 2605-555 as follows:
| ||
(20 ILCS 2605/2605-555)
| ||
Sec. 2605-555. Pilot program; Project Exile.
| ||
(a) The Department shall establish a Project Exile pilot | ||
program
to combat gun violence.
| ||
(b) Through the pilot program, the Department, in | ||
coordination with local
law enforcement agencies, State's | ||
Attorneys, and United States Attorneys,
shall, to the extent |
possible, encourage the prosecution in federal court of
all | ||
persons who illegally use, attempt to use, or threaten to use | ||
firearms
against the person or property of another, of all | ||
persons who use or
possess a firearm in connection with a | ||
violation of the Cannabis Control Act ,
or the Illinois | ||
Controlled Substances Act , or the Methamphetamine Control and | ||
Community Protection Act , all persons who have been convicted
| ||
of a felony under the laws of this State or any other | ||
jurisdiction who possess
any weapon prohibited under Section | ||
24-1 of the Criminal Code of 1961 or any
firearm or any firearm | ||
ammunition, and of all persons who use or possess a
firearm in | ||
connection with a violation of an order of protection issued
| ||
under the Illinois Domestic Violence Act of 1986 or Article | ||
112A of the Code
of Criminal Procedure of 1963 or in connection | ||
with the offense of domestic
battery. The program shall also | ||
encourage public outreach by law enforcement
agencies.
| ||
(c) There is created the Project Exile Fund, a special fund | ||
in the State
treasury. Moneys appropriated for the purposes of | ||
Project Exile and moneys
from any other private or public | ||
source, including without limitation grants
from the | ||
Department of Commerce and Economic Opportunity
Community | ||
Affairs , shall be deposited into
the Fund. Moneys in the Fund, | ||
subject to appropriation, may be used by the
Department of | ||
State Police to develop and administer the Project Exile pilot
| ||
program.
| ||
(d) The Department shall report to the General Assembly by | ||
March 1, 2003
regarding the implementation and effects of the | ||
Project Exile pilot program and
shall by that date make | ||
recommendations to the General Assembly for changes in
the | ||
program that the Department deems appropriate.
| ||
The requirement for reporting to the General Assembly shall | ||
be satisfied
by filing copies of the report with the Speaker, | ||
the Minority Leader, and
the Clerk of the House of | ||
Representatives, with the President, the
Minority Leader, and | ||
the Secretary of the Senate, and with the Legislative
Research | ||
Unit, as required by Section 3.1 of the General Assembly |
Organization
Act, and filing such additional copies with the | ||
State Government Report
Distribution Center for the General | ||
Assembly as is required under paragraph
(t) of Section 7 of the | ||
State Library Act.
| ||
(Source: P.A. 92-332, eff. 8-10-01; 92-342, eff. 8-10-01; | ||
92-651, eff.
7-11-02; revised 12-6-03.)
| ||
Section 910. The State Police Act is amended by changing | ||
Section 12.5 as follows:
| ||
(20 ILCS 2610/12.5)
| ||
Sec. 12.5. Zero tolerance drug policy. Any person employed | ||
by the
Department
of State Police who tests positive in | ||
accordance with established Departmental
drug
testing | ||
procedures for any substance prohibited by the Cannabis Control | ||
Act ,
or
the
Illinois Controlled Substances Act , or the | ||
Methamphetamine Control and Community Protection Act shall be | ||
discharged from employment.
Refusal to
submit to a drug test, | ||
ordered in accordance with Departmental procedures, by
any | ||
person
employed by the Department shall be construed as a | ||
positive test, and the
person shall be
discharged from | ||
employment.
| ||
(Source: P.A. 92-80, eff. 1-1-02.)
| ||
Section 915. The Narcotic Control Division Abolition Act is | ||
amended by changing Sections 7 and 8 as follows:
| ||
(20 ILCS 2620/7) (from Ch. 127, par. 55j)
| ||
Sec. 7. Expenditures; evidence; forfeited property.
| ||
(a) The Director and the inspectors appointed by him, when | ||
authorized
by the Director, may expend such sums as the | ||
Director deems necessary in
the purchase of controlled | ||
substances and cannabis for evidence and in the
employment of | ||
persons to obtain evidence.
| ||
Such sums to be expended shall be advanced to the officer | ||
who is to make
such purchase or employment from funds |
appropriated or made available by
law for the support or use of | ||
the Department on vouchers therefor signed
by the Director. The | ||
Director and such officers are authorized to maintain
one or | ||
more commercial checking accounts with any State banking | ||
corporation
or corporations organized under or subject to the | ||
Illinois Banking Act for
the deposit and withdrawal of moneys | ||
to be used for the purchase of evidence
and for the employment | ||
of persons to obtain evidence; provided that no check
may be | ||
written on nor any withdrawal made from any such account except | ||
on
the written signatures of 2 persons designated by the | ||
Director to write
such checks and make such withdrawals.
| ||
(b) The Director is authorized to maintain one or more | ||
commercial bank
accounts with any State banking corporation or | ||
corporations organized under
or subject to the Illinois Banking | ||
Act, as now or hereafter amended, for the
deposit or withdrawal | ||
of (i) moneys forfeited to the Department, including
the | ||
proceeds of the sale of forfeited property, as provided in | ||
Section 2 of
the State Officers and Employees Money Disposition | ||
Act, as now or hereafter
amended, pending disbursement to | ||
participating agencies and deposit of the
Department's share as | ||
provided in subsection (c), and (ii) all moneys
being held as | ||
evidence by the Department, pending final court disposition;
| ||
provided that no check may be written on or any withdrawal made | ||
from any such
account except on the written signatures of 2 | ||
persons designated by the
Director to write such checks and | ||
make such withdrawals.
| ||
(c) All moneys received by the Illinois State Police as | ||
their share of
forfeited funds (including the proceeds of the | ||
sale of forfeited property)
received pursuant to the Drug Asset | ||
Forfeiture Procedure Act, the Cannabis
Control Act, the | ||
Illinois Controlled Substances Act, the Methamphetamine | ||
Control and Community Protection Act, the Environmental
| ||
Protection Act, or any other Illinois law shall be deposited | ||
into the State
Asset Forfeiture Fund, which is hereby created | ||
as an interest-bearing special
fund in the State treasury.
| ||
All moneys received by the Illinois State Police as their |
share of
forfeited funds (including the proceeds of the sale of | ||
forfeited property)
received pursuant to federal equitable | ||
sharing transfers shall be deposited
into the Federal Asset | ||
Forfeiture Fund, which is hereby created as an
interest-bearing | ||
special fund in the State treasury.
| ||
The moneys deposited into the State Asset Forfeiture Fund | ||
and the
Federal Asset Forfeiture Fund shall be appropriated to | ||
the Department of State
Police and may be used by the Illinois | ||
State Police in accordance with law.
| ||
(Source: P.A. 90-9, eff. 7-1-97.)
| ||
(20 ILCS 2620/8) (from Ch. 127, par. 55k)
| ||
Sec. 8. The Attorney General, upon the request of the | ||
Department, shall
prosecute any violation of this Act, and of | ||
the " Illinois Controlled
Substances Act " , and the " Cannabis | ||
Control Act " enacted by the 77th General
Assembly , and the | ||
Methamphetamine Control and Community Protection Act
as now or | ||
hereafter amended .
| ||
(Source: P.A. 77-770.)
| ||
Section 920. The Criminal Identification Act is amended by | ||
changing Sections 2.1 and 5 as follows:
| ||
(20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
| ||
Sec. 2.1. For the purpose of maintaining complete and | ||
accurate
criminal records of the Department of State Police, it | ||
is necessary for all
policing bodies of this State, the clerk | ||
of the circuit court, the Illinois
Department of Corrections, | ||
the sheriff of each county, and State's Attorney
of each county | ||
to submit certain criminal arrest, charge, and disposition
| ||
information to the Department for filing at the earliest time | ||
possible.
Unless otherwise noted herein, it shall be the duty | ||
of all policing bodies
of this State, the clerk of the circuit | ||
court, the Illinois Department of
Corrections, the sheriff of | ||
each county, and the State's Attorney of each
county to report | ||
such information as provided in this Section, both in the
form |
and manner required by the Department and within 30 days of the
| ||
criminal history event. Specifically:
| ||
(a) Arrest Information. All agencies making arrests for | ||
offenses which
are required by statute to be collected, | ||
maintained or disseminated by the
Department of State Police | ||
shall be responsible
for furnishing daily to the Department | ||
fingerprints, charges and
descriptions of all persons who are | ||
arrested for such offenses. All such
agencies shall also notify | ||
the Department of all decisions by the arresting
agency not to | ||
refer
such arrests for prosecution. With approval of the | ||
Department, an agency
making such arrests may enter into
| ||
arrangements with other agencies for the purpose of furnishing | ||
daily such
fingerprints, charges and descriptions to the | ||
Department upon its behalf.
| ||
(b) Charge Information. The State's Attorney of each county | ||
shall notify
the Department of all charges filed and all | ||
petitions filed alleging that a
minor is delinquent, including | ||
all those added subsequent
to the filing of a case, and whether | ||
charges were not filed
in cases for which the Department has | ||
received information
required to be reported pursuant to | ||
paragraph (a) of this Section.
With approval of the Department, | ||
the State's Attorney may enter into
arrangements with other | ||
agencies for the
purpose of furnishing the information required | ||
by this subsection (b) to the
Department upon the State's | ||
Attorney's behalf.
| ||
(c) Disposition Information. The clerk of the circuit court | ||
of each county
shall furnish the Department, in the form and | ||
manner required by the Supreme
Court, with all final | ||
dispositions of cases for which the Department
has received | ||
information required to be reported pursuant to paragraph (a)
| ||
or (d) of this Section. Such information shall include, for | ||
each charge,
all (1) judgments of not guilty, judgments of | ||
guilty including the sentence
pronounced by the court,
findings | ||
that a minor is delinquent
and any sentence made based on those | ||
findings,
discharges and dismissals in the court; (2)
reviewing | ||
court orders filed with the clerk of the circuit court which
|
reverse or remand a reported conviction
or findings that a | ||
minor is delinquent
or that vacate or modify a sentence
or | ||
sentence made following a trial that a minor is
delinquent;
(3)
| ||
continuances to a date certain in furtherance of an order of | ||
supervision
granted under Section 5-6-1 of the Unified Code of | ||
Corrections or an order
of probation granted under Section 10 | ||
of the Cannabis Control Act, Section
410 of the Illinois | ||
Controlled Substances Act, Section 70 of the Methamphetamine | ||
Control and Community Protection Act, Section 12-4.3 of the
| ||
Criminal Code of 1961, Section 10-102 of the Illinois | ||
Alcoholism and
Other Drug Dependency Act, Section 40-10 of the | ||
Alcoholism and Other Drug
Abuse and Dependency Act, Section 10 | ||
of the Steroid Control Act, or
Section 5-615 of the Juvenile | ||
Court Act of 1987; and
(4) judgments or court orders | ||
terminating or revoking a sentence
to or juvenile disposition | ||
of probation, supervision or conditional
discharge and any | ||
resentencing
or new court orders entered by a juvenile court | ||
relating to the disposition
of a minor's case involving | ||
delinquency
after such revocation.
| ||
(d) Fingerprints After Sentencing.
| ||
(1) After the court pronounces sentence,
sentences a | ||
minor following a trial in which a minor was found to be
| ||
delinquent
or issues an order of supervision or an order of | ||
probation granted under
Section 10 of the Cannabis Control | ||
Act, Section 410 of the Illinois
Controlled Substances Act, | ||
Section 70 of the Methamphetamine Control and Community | ||
Protection Act, Section 12-4.3 of the Criminal Code of
| ||
1961, Section 10-102 of the Illinois Alcoholism and Other | ||
Drug Dependency
Act, Section 40-10 of the Alcoholism and | ||
Other Drug Abuse and Dependency
Act, Section 10 of the | ||
Steroid Control Act, or Section
5-615 of
the Juvenile Court | ||
Act of 1987 for any offense which
is required by statute to | ||
be collected,
maintained, or disseminated by the | ||
Department of State Police, the State's
Attorney of each | ||
county shall ask the court to order a law enforcement
| ||
agency to fingerprint immediately all persons appearing |
before the court
who have not previously been fingerprinted | ||
for the same case. The court
shall so order the requested | ||
fingerprinting, if it determines that any such
person has | ||
not previously been fingerprinted for the same case. The | ||
law
enforcement agency shall submit such fingerprints to | ||
the Department daily.
| ||
(2) After the court pronounces sentence or makes a | ||
disposition of a case
following a finding of delinquency | ||
for any offense which is not
required by statute to be | ||
collected, maintained, or disseminated by the
Department | ||
of State Police, the prosecuting attorney may ask the court | ||
to
order a law enforcement agency to fingerprint | ||
immediately all persons
appearing before the court who have | ||
not previously been fingerprinted for
the same case. The | ||
court may so order the requested fingerprinting, if it
| ||
determines that any so sentenced person has not previously | ||
been
fingerprinted for the same case. The law enforcement | ||
agency may retain
such fingerprints in its files.
| ||
(e) Corrections Information. The Illinois Department of | ||
Corrections and
the sheriff of each county shall furnish the | ||
Department with all information
concerning the receipt, | ||
escape, execution, death, release, pardon, parole,
commutation | ||
of sentence, granting of executive clemency or discharge of
an | ||
individual who has been sentenced or committed to the agency's | ||
custody
for any offenses
which are mandated by statute to be | ||
collected, maintained or disseminated
by the Department of | ||
State Police. For an individual who has been charged
with any | ||
such offense and who escapes from custody or dies while in
| ||
custody, all information concerning the receipt and escape or | ||
death,
whichever is appropriate, shall also be so furnished to | ||
the Department.
| ||
(Source: P.A. 90-590, eff. 1-1-00.)
| ||
(20 ILCS 2630/5) (from Ch. 38, par. 206-5)
| ||
(This Section may contain text from a Public Act with a | ||
delayed effective date )
|
Sec. 5. Arrest reports; expungement.
| ||
(a) All policing bodies of this State shall furnish to the | ||
Department,
daily, in the form and detail the Department | ||
requires, fingerprints and
descriptions of all persons who are | ||
arrested on charges of violating any penal
statute of this | ||
State for offenses that are classified as felonies and Class
A | ||
or B misdemeanors and of all minors of the age of 10 and over | ||
who have been
arrested for an offense which would be a felony | ||
if committed by an adult, and
may forward such fingerprints and | ||
descriptions for minors arrested for Class A
or B misdemeanors. | ||
Moving or nonmoving traffic violations under the Illinois
| ||
Vehicle Code shall not be reported except for violations of | ||
Chapter 4, Section
11-204.1, or Section 11-501 of that Code. In | ||
addition, conservation offenses,
as defined in the Supreme | ||
Court Rule 501(c), that are classified as Class B
misdemeanors | ||
shall not be reported.
| ||
Whenever an adult or minor prosecuted as an adult,
not | ||
having previously been convicted of any criminal offense or | ||
municipal
ordinance violation, charged with a violation of a | ||
municipal ordinance or a
felony or misdemeanor, is acquitted or | ||
released without being convicted,
whether the acquittal or | ||
release occurred before, on, or after the
effective date of | ||
this amendatory Act of 1991, the Chief Judge of the circuit
| ||
wherein the charge was brought, any judge of that circuit | ||
designated by the
Chief Judge, or in counties of less than | ||
3,000,000 inhabitants, the presiding
trial judge at the | ||
defendant's trial may upon verified petition of the
defendant | ||
order the record of arrest expunged from the official records | ||
of the
arresting authority and the Department and order that | ||
the records of the clerk
of the circuit court be sealed until | ||
further order of the court upon good cause
shown and the name | ||
of the defendant obliterated on the official index required
to | ||
be kept by the circuit court clerk under Section 16 of the | ||
Clerks of Courts
Act, but the order shall not affect any index | ||
issued by the circuit court clerk
before the entry of the | ||
order. The Department may charge the petitioner a fee
|
equivalent to the cost of processing any order to expunge or | ||
seal the records,
and the fee shall be deposited into the State | ||
Police Services Fund. The
records of those arrests, however, | ||
that result in a disposition of
supervision for any offense | ||
shall not be expunged from the records of the
arresting | ||
authority or the Department nor impounded by the court until 2 | ||
years
after discharge and dismissal of supervision. Those | ||
records
that result from a supervision for a violation of | ||
Section 3-707, 3-708, 3-710,
5-401.3, or 11-503 of the Illinois | ||
Vehicle Code or a similar provision
of a local ordinance, or | ||
for a violation of Section 12-3.2, 12-15 or 16A-3
of the | ||
Criminal Code of 1961, or probation under Section 10 of the | ||
Cannabis
Control Act, Section 410 of the Illinois Controlled | ||
Substances Act, Section 70 of the Methamphetamine Control and | ||
Community Protection Act, Section
12-4.3(b)(1) and (2) of the | ||
Criminal Code of 1961 (as those provisions
existed before their | ||
deletion by Public Act 89-313), Section 10-102 of the
Illinois | ||
Alcoholism and Other Drug Dependency Act when the judgment of
| ||
conviction has been vacated, Section 40-10 of the Alcoholism | ||
and Other Drug
Abuse and Dependency Act when the judgment of | ||
conviction has been vacated,
or Section 10 of the Steroid | ||
Control Act shall not be expunged from the records
of the | ||
arresting authority nor impounded by the court until 5 years | ||
after
termination of probation or supervision. Those records | ||
that result from a
supervision for a violation of Section | ||
11-501 of the Illinois Vehicle Code or
a similar provision of a | ||
local ordinance, shall not be expunged. All records
set out | ||
above may be ordered by the court to be expunged from the | ||
records of
the arresting authority and impounded by the court | ||
after 5 years, but shall
not be expunged by the Department, but | ||
shall, on court order be sealed by the
Department and may be | ||
disseminated by the Department only as required by law or
to | ||
the arresting authority, the State's Attorney, and the court | ||
upon a later
arrest for the same or a similar offense or for | ||
the purpose of sentencing for
any subsequent felony. Upon | ||
conviction for any offense, the Department of
Corrections shall |
have access to all sealed records of the Department
pertaining | ||
to that individual.
| ||
(a-5) Those records maintained by the Department for | ||
persons arrested
prior to their 17th birthday shall be expunged | ||
as provided in Section 5-915 of
the Juvenile Court Act of 1987.
| ||
(b) Whenever a person has been convicted of a crime or of | ||
the violation of
a municipal ordinance, in the name of a person | ||
whose identity he has stolen
or otherwise come into possession | ||
of, the aggrieved person from whom the
identity was stolen or | ||
otherwise obtained without authorization, upon learning
of the | ||
person having been arrested using his identity, may, upon | ||
verified
petition to the chief judge of the circuit wherein the | ||
arrest was made,
have a court order entered nunc pro tunc by | ||
the chief judge to correct
the arrest record, conviction | ||
record, if any, and all official records of the
arresting | ||
authority, the Department, other criminal justice agencies, | ||
the
prosecutor, and the trial court concerning such arrest, if | ||
any, by removing his
name from all such records in connection | ||
with the arrest and conviction, if
any, and by inserting in the | ||
records the name of the offender, if known or
ascertainable, in | ||
lieu of the aggrieved's name. The records of the
clerk of
the | ||
circuit court clerk shall be sealed until further order of the | ||
court upon
good cause shown and the name of the aggrieved | ||
person obliterated on the
official index required to be kept by | ||
the circuit court clerk under Section 16
of the Clerks of | ||
Courts Act, but the order shall not affect any index issued by
| ||
the circuit court clerk before the entry of the order. Nothing | ||
in this Section
shall limit the Department of State Police or | ||
other criminal justice agencies
or prosecutors from listing | ||
under an offender's name the false names he or she
has used. | ||
For purposes of this Section, convictions for moving and | ||
nonmoving
traffic violations other than convictions for | ||
violations of Chapter 4, Section
11-204.1 or Section 11-501 of | ||
the Illinois Vehicle Code shall not be a bar to
expunging the | ||
record of arrest and court records for
violation of a | ||
misdemeanor or municipal ordinance.
|
(c) Whenever a person who has been convicted of an offense | ||
is granted
a pardon by the Governor which specifically | ||
authorizes expungement, he may,
upon verified petition to the | ||
chief judge of the circuit where the person had
been convicted, | ||
any judge of the circuit designated by the Chief Judge, or in
| ||
counties of less than 3,000,000 inhabitants, the presiding | ||
trial judge at the
defendant's trial, may have a court order | ||
entered expunging the record of
arrest from the official | ||
records of the arresting authority and order that the
records | ||
of the clerk of the circuit court and the Department be sealed | ||
until
further order of the court upon good cause shown or as | ||
otherwise provided
herein, and the name of the defendant | ||
obliterated from the official index
requested to be kept by the | ||
circuit court clerk under Section 16 of the Clerks
of Courts | ||
Act in connection with the arrest and conviction for the | ||
offense for
which he had been pardoned but the order shall not | ||
affect any index issued by
the circuit court clerk before the | ||
entry of the order. All records sealed by
the Department may be | ||
disseminated by the Department only as required by law or
to | ||
the arresting authority, the State's Attorney, and the court | ||
upon a later
arrest for the same or similar offense or for the | ||
purpose of sentencing for any
subsequent felony. Upon | ||
conviction for any subsequent offense, the Department
of | ||
Corrections shall have access to all sealed records of the | ||
Department
pertaining to that individual. Upon entry of the | ||
order of expungement, the
clerk of the circuit court shall | ||
promptly mail a copy of the order to the
person who was | ||
pardoned.
| ||
(c-5) Whenever a person has been convicted of criminal | ||
sexual assault,
aggravated criminal sexual assault, predatory | ||
criminal sexual assault of a
child, criminal sexual abuse, or | ||
aggravated criminal sexual abuse, the victim
of that offense | ||
may request that the State's Attorney of the county in which
| ||
the conviction occurred file a verified petition with the | ||
presiding trial judge
at the defendant's trial to have a court | ||
order entered to seal the records of
the clerk of the circuit |
court in connection with the proceedings of the trial
court | ||
concerning that offense. However, the records of the arresting | ||
authority
and the Department of State Police concerning the | ||
offense shall not be
sealed. The court, upon good cause shown, | ||
shall make the records of the clerk
of the circuit court in | ||
connection with the proceedings of the trial court
concerning | ||
the offense available for public inspection.
| ||
(c-6) If a conviction has been set aside on direct review | ||
or on
collateral attack
and the court determines by clear and | ||
convincing evidence that the defendant
was factually innocent | ||
of
the charge, the court shall enter an expungement order as | ||
provided in
subsection (b) of Section 5-5-4
of the Unified Code | ||
of Corrections.
| ||
(d) Notice of the petition for subsections (a), (b), and | ||
(c) shall be
served upon the State's Attorney or prosecutor | ||
charged with the duty
of prosecuting the offense, the | ||
Department of State Police, the arresting
agency and the chief | ||
legal officer of the unit of local government
affecting the | ||
arrest. Unless the State's Attorney or prosecutor, the
| ||
Department of State Police, the arresting agency or such chief | ||
legal officer
objects to the petition within 30 days from the | ||
date of the notice, the
court shall enter an order granting or | ||
denying the petition. The clerk
of the court shall promptly | ||
mail a copy of the order to the person, the
arresting agency, | ||
the prosecutor, the Department of State Police and such
other | ||
criminal justice agencies as may be ordered by the judge.
| ||
(e) Nothing herein shall prevent the Department of State | ||
Police from
maintaining all records of any person who is | ||
admitted to probation upon
terms and conditions and who | ||
fulfills those terms and conditions pursuant
to Section 10 of | ||
the Cannabis Control Act, Section 410 of the Illinois
| ||
Controlled Substances Act, Section 70 of the Methamphetamine | ||
Control and Community Protection Act, Section 12-4.3 of the | ||
Criminal Code
of 1961, Section 10-102 of the Illinois | ||
Alcoholism and Other Drug
Dependency Act, Section 40-10 of the | ||
Alcoholism and Other Drug Abuse and
Dependency Act, or Section |
10 of the Steroid Control Act.
| ||
(f) No court order issued under the expungement provisions | ||
of this
Section shall become final for purposes of appeal until | ||
30 days after
notice is received by the Department. Any court | ||
order contrary to the
provisions of this Section is void.
| ||
(g) Except as otherwise provided in subsection (c-5) of | ||
this Section,
the court shall not order the sealing or | ||
expungement of the arrest
records and records of the circuit | ||
court clerk of any person granted
supervision for or convicted | ||
of any sexual offense committed against a minor
under 18 years | ||
of age. For the purposes of this Section, "sexual offense
| ||
committed against a minor" includes but is not limited to the | ||
offenses of
indecent solicitation of a child or criminal sexual | ||
abuse when the victim of
such offense is under 18 years of age.
| ||
(h) (1) Applicability. Notwithstanding any other provision | ||
of this Act to the contrary and cumulative with any rights to | ||
expungement of criminal records, this subsection authorizes | ||
the sealing of criminal records of adults and of minors | ||
prosecuted as adults. | ||
(2) Sealable offenses. The following offenses may be | ||
sealed: | ||
(A) All municipal ordinance violations and | ||
misdemeanors, with the exception of the following: | ||
(i) violations of Section 11-501 of the Illinois | ||
Vehicle Code or a similar provision of a local | ||
ordinance; | ||
(ii) violations of Article 11 of the Criminal Code | ||
of 1961 or a similar provision of a local ordinance, | ||
except Section 11-14 of the Criminal Code of 1961 as | ||
provided in clause B(i) of this subsection (h); | ||
(iii) violations of Section 12-15, 12-30, or 26-5 | ||
of the Criminal Code of 1961 or a similar provision of | ||
a local ordinance; | ||
(iv) violations that are a crime of violence as | ||
defined in Section 2 of the Crime Victims Compensation | ||
Act or a similar provision of a local ordinance; |
(v) Class A misdemeanor violations of the Humane | ||
Care for Animals Act; and | ||
(vi) any offense or attempted offense that would | ||
subject a person to registration under the Sex Offender | ||
Registration Act. | ||
(B) Misdemeanor and Class 4 felony violations of: | ||
(i) Section 11-14 of the Criminal Code of 1961; | ||
(ii) Section 4 of the Cannabis Control Act; | ||
(iii) Section 402 of the Illinois Controlled | ||
Substances Act; and | ||
(iv) Section 60 of the Methamphetamine Control and | ||
Community Protection Act.
| ||
(iv) However, for purposes of this subsection (h), a | ||
sentence of first offender probation under Section 10 of | ||
the Cannabis Control Act ,
and Section 410 of the Illinois | ||
Controlled Substances Act , or Section 70 of the | ||
Methamphetamine Control and Community Protection Act shall | ||
be treated as a Class 4 felony conviction. | ||
(3) Requirements for sealing. Records identified as | ||
sealable under clause (h) (2) may be sealed when the individual | ||
was: | ||
(A) Acquitted of the offense or offenses or released | ||
without being convicted. | ||
(B) Convicted of the offense or offenses and the | ||
conviction or convictions were reversed. | ||
(C) Placed on misdemeanor supervision for an offense or | ||
offenses; and | ||
(i) at least 3 years have elapsed since the | ||
completion of the term of supervision, or terms of | ||
supervision, if more than one term has been ordered; | ||
and | ||
(ii) the individual has not been convicted of a | ||
felony or misdemeanor or placed on supervision for a | ||
misdemeanor or felony during the period specified in | ||
clause (i). | ||
(D) Convicted of an offense or offenses; and |
(i) at least 4 years have elapsed since the last | ||
such conviction or term of any sentence, probation, | ||
parole, or supervision, if any, whichever is last in | ||
time; and | ||
(ii) the individual has not been convicted of a | ||
felony or misdemeanor or placed on supervision for a | ||
misdemeanor or felony during the period specified in | ||
clause (i). | ||
(4) Requirements for sealing of records when more than one | ||
charge and disposition have been filed. When multiple offenses | ||
are petitioned to be sealed under this subsection (h), the | ||
requirements of the relevant provisions of clauses (h)(3)(A) | ||
through (D) each apply. In instances in which more than one | ||
waiting period is applicable under clauses (h)(C)(i) and (ii) | ||
and (h)(D)(i) and (ii), the longer applicable period applies, | ||
and the requirements of clause (h) (3) shall be considered met | ||
when the petition is filed after the passage of the longer | ||
applicable waiting period. That period commences on the date of | ||
the completion of the last sentence or the end of supervision, | ||
probation, or parole, whichever is last in time. | ||
(5) Subsequent convictions. A person may not have | ||
subsequent felony conviction records sealed as provided in this | ||
subsection (h) if he or she is convicted of any felony offense | ||
after the date of the sealing of prior felony records as | ||
provided in this subsection (h). | ||
(6) Notice of eligibility for sealing. Upon acquittal, | ||
release without conviction, or being placed on supervision for | ||
a sealable offense, or upon conviction of a sealable offense, | ||
the person shall be informed by the court of the right to have | ||
the records sealed and the procedures for the sealing of the | ||
records. | ||
(7) Procedure. Upon becoming eligible for the sealing of | ||
records under this subsection (h), the person who seeks the | ||
sealing of his or her records shall file a petition requesting | ||
the sealing of records with the clerk of the court where the | ||
charge or charges were brought. The records may be sealed by |
the Chief Judge of the circuit wherein the charge was brought, | ||
any judge of that circuit designated by the Chief Judge, or in | ||
counties of less than 3,000,000 inhabitants, the presiding | ||
trial judge at the defendant's trial, if any. If charges were | ||
brought in multiple jurisdictions, a petition must be filed in | ||
each such jurisdiction. The petitioner shall pay the applicable | ||
fee, if not waived. | ||
(A) Contents of petition. The petition shall contain | ||
the petitioner's name, date of birth, current address, each | ||
charge, each case number, the date of each charge, the | ||
identity of the arresting authority, and such other | ||
information as the court may require. During the pendency | ||
of the proceeding, the petitioner shall promptly notify the | ||
clerk of the court of any change of address. | ||
(B) Drug test. A person filing a petition to have his | ||
or her records sealed for a Class 4 felony violation of | ||
Section 4 of the Cannabis Control Act or for a Class 4 | ||
felony violation of Section 402 of the Illinois Controlled | ||
Substances Act must attach to the petition proof that the | ||
petitioner has passed a test taken within the previous 30 | ||
days before the filing of the petition showing the absence | ||
within his or her body of all illegal substances in | ||
violation of either the Illinois Controlled Substances Act | ||
or the Cannabis Control Act. | ||
(C) Service of petition. The clerk shall promptly serve | ||
a copy of the petition on the State's Attorney or | ||
prosecutor charged with the duty of prosecuting the | ||
offense, the Department of State Police, the arresting | ||
agency and the chief legal officer of the unit of local | ||
government effecting the arrest. | ||
(D) Entry of order. Unless the State's Attorney or | ||
prosecutor, the Department of State Police, the arresting | ||
agency or such chief legal officer objects to sealing of | ||
the records within 90 days of notice the court shall enter | ||
an order sealing the defendant's records. | ||
(E) Hearing upon objection. If an objection is filed, |
the court shall set a date for a hearing and notify the | ||
petitioner and the parties on whom the petition had been | ||
served, and shall hear evidence on whether the sealing of | ||
the records should or should not be granted, and shall make | ||
a determination on whether to issue an order to seal the | ||
records based on the evidence presented at the hearing. | ||
(F) Service of order. After entering the order to seal | ||
records, the court must provide copies of the order to the | ||
Department, in a form and manner prescribed by the | ||
Department, to the petitioner, to the State's Attorney or | ||
prosecutor charged with the duty of prosecuting the | ||
offense, to the arresting agency, to the chief legal | ||
officer of the unit of local government effecting the | ||
arrest, and to such other criminal justice agencies as may | ||
be ordered by the court. | ||
(8) Fees. Notwithstanding any provision of the Clerk of the | ||
Courts Act to the contrary, and subject to the approval of the | ||
county board, the clerk may charge a fee equivalent to the cost | ||
associated with the sealing of records by the clerk and the | ||
Department of State Police. The clerk shall forward the | ||
Department of State Police portion of the fee to the Department | ||
and it shall be deposited into the State Police Services Fund. | ||
(i) Subject to available funding, the Illinois Department | ||
of Corrections shall conduct a study of the impact of sealing, | ||
especially on employment and recidivism rates, utilizing a | ||
random sample of those who apply for the sealing of their | ||
criminal records under Public Act 93-211, in accordance to | ||
rules adopted by the Department. At the request of the Illinois | ||
Department of Corrections, records of the Illinois Department | ||
of Employment Security shall be utilized as appropriate to | ||
assist in the study. The study shall not disclose any data in a | ||
manner that would allow the identification of any particular | ||
individual or employing unit. The study shall be made available | ||
to the General Assembly no later than September 1, 2006.
| ||
(Source: P.A. 92-651, eff. 7-11-02; 93-210, eff. 7-18-03; | ||
93-211, eff. 1-1-04; 93-1084, eff. 6-1-05. )
|
Section 925. The Illinois Uniform Conviction Information | ||
Act is amended by changing Section 3 as follows:
| ||
(20 ILCS 2635/3) (from Ch. 38, par. 1603)
| ||
Sec. 3. Definitions. Whenever used in this Act, and for the | ||
purposes
of this Act, unless the context clearly indicates | ||
otherwise:
| ||
(A) "Accurate" means factually correct, containing no | ||
mistake or error
of a material nature.
| ||
(B) The phrase "administer the criminal laws" includes any | ||
of the
following activities: intelligence gathering, | ||
surveillance, criminal
investigation, crime detection and | ||
prevention (including research),
apprehension, detention, | ||
pretrial or post-trial release, prosecution, the
correctional | ||
supervision or rehabilitation of accused persons or criminal
| ||
offenders, criminal identification activities, or the | ||
collection,
maintenance or dissemination of criminal history | ||
record information.
| ||
(C) "The Authority" means the Illinois Criminal Justice | ||
Information
Authority.
| ||
(D) "Automated" means the utilization of computers, | ||
telecommunication
lines, or other automatic data processing | ||
equipment for data collection or
storage, analysis, | ||
processing, preservation, maintenance, dissemination, or
| ||
display and is distinguished from a system in which such | ||
activities are
performed manually.
| ||
(E) "Complete" means accurately reflecting all the | ||
criminal history
record information about an individual that is | ||
required to be reported to
the Department pursuant to Section | ||
2.1 of the Criminal Identification Act.
| ||
(F) "Conviction information" means data reflecting a | ||
judgment of guilt
or nolo contendere. The term includes all | ||
prior and subsequent criminal
history events directly relating | ||
to such judgments, such as, but not
limited to: (1) the | ||
notation of arrest; (2) the notation of charges filed;
(3) the |
sentence imposed; (4) the fine imposed; and (5) all related
| ||
probation, parole, and release information. Information ceases | ||
to be
"conviction information" when a judgment of guilt is | ||
reversed or vacated.
| ||
For purposes of this Act, continuances to a date certain in | ||
furtherance
of an order of supervision granted under Section | ||
5-6-1 of the Unified Code
of Corrections or an order of | ||
probation granted under either Section 10 of
the Cannabis | ||
Control Act, Section 410 of the Illinois Controlled
Substances | ||
Act, Section 70 of the Methamphetamine Control and Community | ||
Protection Act, Section 12-4.3 of the Criminal Code of 1961, | ||
Section
10-102 of the Illinois Alcoholism and Other Drug | ||
Dependency Act, Section
40-10 of the Alcoholism and Other Drug | ||
Abuse and Dependency Act, or Section
10 of the Steroid Control | ||
Act shall not be deemed "conviction information".
| ||
(G) "Criminal history record information" means data | ||
identifiable to an
individual and consisting of descriptions or | ||
notations of arrests,
detentions, indictments, informations, | ||
pretrial proceedings, trials, or
other formal events in the | ||
criminal justice system or descriptions or
notations of | ||
criminal charges (including criminal violations of local
| ||
municipal ordinances) and the nature of any disposition arising | ||
therefrom,
including sentencing, court or correctional | ||
supervision, rehabilitation and
release. The term does not | ||
apply to statistical records and reports in
which individual | ||
are not identified and from which their identities are not
| ||
ascertainable, or to information that is for criminal | ||
investigative or
intelligence purposes.
| ||
(H) "Criminal justice agency" means (1) a government agency | ||
or any
subunit thereof which is authorized to administer the | ||
criminal laws and
which allocates a substantial part of its | ||
annual budget for that purpose,
or (2) an agency supported by | ||
public funds which is authorized as its
principal function to | ||
administer the criminal laws and which is officially
designated | ||
by the Department as a criminal justice agency for purposes of
| ||
this Act.
|
(I) "The Department" means the Illinois Department of State | ||
Police.
| ||
(J) "Director" means the Director of the Illinois | ||
Department of State
Police.
| ||
(K) "Disseminate" means to disclose or transmit conviction | ||
information
in any form, oral, written, or otherwise.
| ||
(L) "Exigency" means pending danger or the threat of | ||
pending danger to
an individual or property.
| ||
(M) "Non-criminal justice agency" means a State agency, | ||
Federal agency,
or unit of local government that is not a | ||
criminal justice agency. The
term does not refer to private | ||
individuals, corporations, or
non-governmental agencies or | ||
organizations.
| ||
(M-5) "Request" means the submission to the Department, in | ||
the form and
manner required, the necessary data elements or | ||
fingerprints, or both, to allow
the Department to initiate a | ||
search of its criminal history record information
files.
| ||
(N) "Requester" means any private individual, corporation, | ||
organization,
employer, employment agency, labor organization, | ||
or non-criminal justice
agency that has made a request pursuant | ||
to this Act
to obtain
conviction information maintained in the | ||
files of the Department of State
Police regarding a particular | ||
individual.
| ||
(O) "Statistical information" means data from which the | ||
identity of an
individual cannot be ascertained, | ||
reconstructed, or verified and to which
the identity of an | ||
individual cannot be linked by the recipient of the
| ||
information.
| ||
(Source: P.A. 88-368; 88-670, eff. 12-2-94.)
| ||
Section 926. The State Officers and Employees Money | ||
Disposition Act is amended by changing Section 2 as follows:
| ||
(30 ILCS 230/2) (from Ch. 127, par. 171)
| ||
Sec. 2. Accounts of money received; payment into State | ||
treasury.
|
(a) Every officer, board, commission, commissioner, | ||
department,
institution, arm or agency brought within the | ||
provisions of this Act by
Section 1 shall keep in proper books | ||
a detailed itemized account
of all moneys received for or on | ||
behalf of the State of Illinois, showing
the date
of receipt, | ||
the payor, and purpose and amount, and the date and manner
of | ||
disbursement as hereinafter provided, and, unless a different | ||
time of
payment is expressly provided by law or by rules or | ||
regulations promulgated
under subsection (b) of this Section, | ||
shall pay into the State treasury
the gross amount of money so | ||
received on the day of actual physical
receipt with respect to | ||
any single item of receipt exceeding $10,000,
within 24 hours | ||
of actual physical receipt with respect to an accumulation
of | ||
receipts of $10,000 or more, or within 48 hours of actual | ||
physical
receipt with respect to an accumulation of receipts | ||
exceeding $500 but less
than $10,000, disregarding holidays, | ||
Saturdays and Sundays, after the receipt
of same, without any | ||
deduction on account of salaries, fees, costs, charges,
| ||
expenses or claims of any description whatever; provided that:
| ||
(1) the provisions of (i) Section 2505-475 of the
| ||
Department
of Revenue Law (20 ILCS 2505/2505-475), (ii) any | ||
specific taxing statute
authorizing a claim for
credit | ||
procedure instead of the actual making of refunds, (iii) | ||
Section 505 of
the Illinois Controlled Substances
Act, (iv) | ||
Section 85 of the Methamphetamine Control and Community | ||
Protection Act, authorizing the Director of
State Police to | ||
dispose of forfeited property, which includes the sale and
| ||
disposition of the proceeds of the sale of forfeited | ||
property, and the
Department of Central Management | ||
Services to be reimbursed for costs incurred
with the sales | ||
of forfeited vehicles, boats or aircraft and to pay to bona | ||
fide
or innocent purchasers, conditional sales vendors or | ||
mortgagees of such
vehicles, boats or aircraft their | ||
interest in such vehicles, boats or aircraft,
and (v)
(iv)
| ||
Section 6b-2 of the State Finance Act,
establishing | ||
procedures for handling cash receipts from the sale of |
pari-mutuel
wagering tickets, shall not be deemed to be in | ||
conflict with the requirements
of this Section;
| ||
(2) any fees received by the State
Registrar of Vital | ||
Records pursuant to the Vital Records Act which are
| ||
insufficient in amount may be returned by the Registrar as | ||
provided in that
Act;
| ||
(3) any fees received by the Department of
Public | ||
Health under the Food Handling Regulation Enforcement Act | ||
that are
submitted for renewal of an expired food service | ||
sanitation manager certificate
may be returned by the | ||
Director as provided in that Act;
| ||
(3.5) the State Treasurer may permit the deduction of | ||
fees by
third-party unclaimed property examiners from the | ||
property recovered by the
examiners for the State of | ||
Illinois during examinations of holders located
outside | ||
the State under which the Office of the Treasurer has | ||
agreed to pay for
the examinations based upon a percentage, | ||
set by rule by the State Treasurer in
accordance with the | ||
Illinois Administrative Procedure Act, of the property
| ||
recovered during the
examination; and
| ||
(4) if the amount of money received
does not exceed | ||
$500, such money may be retained and need not be paid
into | ||
the State treasury until the total amount of money so | ||
received
exceeds $500, or until the next succeeding 1st or | ||
15th day of each month
(or until the next business day if | ||
these days fall on Sunday or a
holiday), whichever is | ||
earlier, at which earlier time such money shall
be paid | ||
into the State treasury, except that if a local bank or | ||
savings
and loan association account has been authorized by | ||
law, any balances shall
be paid into the State treasury on | ||
Monday of each week if more than $500
is to be deposited in | ||
any fund.
| ||
Single items of receipt exceeding $10,000 received after 2 p.m. | ||
on a working
day may be deemed to have been received on the | ||
next working day for purposes of
fulfilling the requirement | ||
that the item be deposited on the day of actual
physical |
receipt.
| ||
No money belonging to or left for the use of the State | ||
shall be expended or
applied except in consequence of an | ||
appropriation made by law and upon the
warrant of the State | ||
Comptroller. However, payments made by the Comptroller
to | ||
persons by direct deposit need not be made upon the warrant of | ||
the
Comptroller, but if not made upon a warrant, shall be made | ||
in accordance
with Section 9.02 of the State Comptroller Act. | ||
All moneys so paid
into the State treasury shall, unless | ||
required by some statute to be held in
the State treasury in a | ||
separate or special fund, be covered into the General
Revenue | ||
Fund in the State treasury. Moneys received
in the form of | ||
checks, drafts or similar instruments shall be properly
| ||
endorsed, if necessary, and delivered to the State Treasurer | ||
for
collection. The State Treasurer shall remit such collected | ||
funds to the
depositing officer, board, commission, | ||
commissioner, department,
institution, arm or agency by | ||
Treasurers Draft or through electronic funds
transfer. The | ||
draft or notification of the electronic funds
transfer shall be | ||
provided to the State Comptroller to allow deposit into
the | ||
appropriate fund.
| ||
(b) Different time periods for the payment of public funds | ||
into the State
treasury or to the State Treasurer, in excess of | ||
the periods established
in subsection (a) of this Section, but | ||
not in excess of 30 days after receipt
of such funds, may be | ||
established and revised from time to time by rules or
| ||
regulations promulgated jointly by the State Treasurer and the | ||
State
Comptroller in accordance with the Illinois | ||
Administrative
Procedure Act. The different
time periods | ||
established by rule or regulation under this subsection may | ||
vary
according to the nature and amounts of the funds received, | ||
the locations at
which the funds are received, whether | ||
compliance with the deposit requirements
specified in | ||
subsection (a) of this Section would be cost effective, and | ||
such
other circumstances and conditions as the promulgating | ||
authorities consider to
be appropriate. The Treasurer and the |
Comptroller shall review all such
different time
periods | ||
established pursuant to this subsection every 2 years from the
| ||
establishment thereof and upon such review, unless it is | ||
determined that it
is economically unfeasible for the agency to | ||
comply with the provisions of
subsection (a), shall repeal such | ||
different time period.
| ||
(Source: P.A. 90-37, eff. 6-27-97; 90-655, eff.
7-30-98; | ||
91-239, eff. 1-1-00; 91-862, eff. 1-1-01.)
| ||
Section 930. The Counties Code is amended by changing | ||
Section 5-1103 as follows:
| ||
(55 ILCS 5/5-1103) (from Ch. 34, par. 5-1103)
| ||
Sec. 5-1103. Court services fee. A county board may enact | ||
by ordinance or
resolution a court services fee dedicated to | ||
defraying court security expenses
incurred by the sheriff in | ||
providing court services or for any other court
services deemed | ||
necessary by the sheriff to provide for court security,
| ||
including without limitation court services provided pursuant | ||
to Section
3-6023, as now or hereafter amended. Such fee shall | ||
be paid in civil cases by
each party at the time of filing the | ||
first pleading, paper or other appearance;
provided that no | ||
additional fee shall be required if more than one party is
| ||
represented in a single pleading, paper or other appearance. In | ||
criminal,
local ordinance, county ordinance, traffic and | ||
conservation cases, such fee
shall be assessed against the | ||
defendant upon a plea of guilty, stipulation of
facts or | ||
findings of guilty, resulting in a judgment of conviction, or | ||
order of
supervision, or sentence of probation without entry of | ||
judgment pursuant to
Section 10 of the Cannabis Control Act, | ||
Section 410 of the Illinois Controlled
Substances Act, Section | ||
70 of the Methamphetamine Control and Community Protection Act,
| ||
Section 12-4.3 of the Criminal Code of 1961, Section 10-102 of
| ||
the Illinois Alcoholism and Other Drug Dependency Act, Section | ||
40-10 of the
Alcoholism and Other Drug Abuse and Dependency | ||
Act, or Section 10 of the
Steroid Control Act. In setting such |
fee, the county board may impose,
with
the concurrence of the | ||
Chief Judge of the judicial circuit in which the county
is | ||
located by administrative order entered by the Chief Judge,
| ||
differential
rates for the various types or categories of | ||
criminal and civil cases, but the
maximum rate shall not exceed | ||
$25.
All proceeds from this fee must be used to defray court | ||
security expenses
incurred by the sheriff in providing court | ||
services.
No fee shall be imposed or collected,
however, in | ||
traffic, conservation, and ordinance cases in which fines are | ||
paid
without a court appearance. The fees shall be collected in | ||
the manner in which
all other court fees or costs are collected | ||
and shall be deposited into the
county general fund for payment | ||
solely of costs incurred by the sheriff in
providing court | ||
security or for any other court services deemed necessary by
| ||
the sheriff to provide for court security.
| ||
(Source: P.A. 93-558, eff. 12-1-03.)
| ||
Section 935. The Park District Code is amended by changing | ||
Section 8-23 as follows:
| ||
(70 ILCS 1205/8-23)
| ||
Sec. 8-23. Criminal background investigations.
| ||
(a) An applicant for employment with a park district is | ||
required as
a condition of employment to authorize an | ||
investigation to determine if
the applicant has been convicted | ||
of any of the enumerated criminal or drug
offenses in | ||
subsection (c) of this Section or has been
convicted, within 7 | ||
years of the application for employment with the
park district, | ||
of any other felony under the laws of this State or of any
| ||
offense committed or attempted in any other state or against | ||
the laws of
the United States that, if committed or attempted | ||
in this State, would
have been punishable as a felony under the | ||
laws of this State. Authorization
for the
investigation shall | ||
be furnished by the applicant to the park district.
Upon | ||
receipt of this authorization, the park district shall submit | ||
the
applicant's name, sex, race, date of birth, and social |
security number to
the Department of State Police on forms | ||
prescribed by the Department of
State Police. The Department of | ||
State Police shall conduct a search of the
Illinois criminal | ||
history records database to ascertain if the applicant being | ||
considered for
employment has been convicted of committing or | ||
attempting to commit any of
the enumerated criminal or drug
| ||
offenses
in subsection (c) of this Section or
has been | ||
convicted of committing or attempting to commit, within 7 years | ||
of
the application for employment with
the
park district, any | ||
other felony under the laws of this State. The
Department
of
| ||
State Police shall charge the park district a fee for | ||
conducting the
investigation, which fee shall be deposited in | ||
the State Police Services
Fund and shall not exceed the cost of | ||
the inquiry. The applicant shall
not be charged a fee by the | ||
park district for the investigation.
| ||
(b) If the search of the Illinois criminal history record | ||
database
indicates that the applicant has been convicted of | ||
committing or attempting to
commit any of the enumerated | ||
criminal or drug offenses in subsection (c) or has
been | ||
convicted of committing or attempting to commit, within 7 years | ||
of the
application for employment with the park district, any | ||
other felony under the
laws of this State, the Department of | ||
State Police and the Federal Bureau
of
Investigation shall | ||
furnish, pursuant to
a fingerprint based background check, | ||
records
of convictions, until expunged, to the
president of the | ||
park district. Any information concerning the record of
| ||
convictions obtained by the president shall be confidential and | ||
may only
be transmitted to those persons who are necessary to | ||
the decision on whether to
hire the
applicant for employment. A | ||
copy of the record of convictions obtained
from the Department | ||
of State Police shall be provided to the applicant for
| ||
employment. Any person who releases any confidential | ||
information
concerning any criminal convictions of an | ||
applicant for employment shall
be guilty of a Class A | ||
misdemeanor, unless the release of such
information is | ||
authorized by this Section.
|
(c) No park district shall knowingly employ a person who | ||
has been
convicted for committing attempted first degree murder | ||
or
for committing
or attempting to commit first degree murder, | ||
a Class X felony, or any
one or more of the following offenses: | ||
(i) those defined in Sections 11-6,
11-9, 11-14, 11-15, | ||
11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
11-20, | ||
11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of
the | ||
Criminal Code of 1961; (ii) those defined in the Cannabis | ||
Control Act,
except those defined in Sections 4(a), 4(b), and | ||
5(a) of that Act; (iii) those
defined in the Illinois | ||
Controlled Substances Act; (iv) those defined in the | ||
Methamphetamine Control and Community Protection Act; and (v)
| ||
(iv) any offense
committed or attempted in any other state or | ||
against the laws of the
United States, which, if committed or | ||
attempted in this State, would have
been punishable as one or | ||
more of the foregoing offenses. Further, no
park district shall | ||
knowingly employ a person who has been found to be
the | ||
perpetrator of sexual or physical abuse of any minor under 18 | ||
years
of age pursuant to proceedings under Article II of the | ||
Juvenile Court Act
of 1987. No park district shall knowingly | ||
employ a person for whom a
criminal background investigation | ||
has not been initiated.
| ||
(Source: P.A. 93-418, eff. 1-1-04.)
| ||
Section 940. The Chicago Park District Act is amended by | ||
changing Section 16a-5 as follows:
| ||
(70 ILCS 1505/16a-5)
| ||
Sec. 16a-5. Criminal background investigations.
| ||
(a) An applicant for employment with the Chicago Park | ||
District is
required as a condition of employment to authorize | ||
an investigation to
determine if the applicant has been | ||
convicted of any of the enumerated criminal
or drug
offenses in | ||
subsection (c) of this Section
or has been convicted, within 7 | ||
years of the application for employment with
the Chicago Park | ||
District, of any other felony under the laws of this State or
|
of any
offense committed or attempted in any other state or | ||
against the laws of
the United States that, if committed or | ||
attempted in this State, would
have been punishable as a felony | ||
under the laws of this State. Authorization
for the | ||
investigation shall be furnished by the applicant to the | ||
Chicago
Park District. Upon receipt of this authorization, the | ||
Chicago Park
District shall submit the applicant's name, sex, | ||
race, date of birth, and
social security number to the | ||
Department of State Police on forms
prescribed by the | ||
Department of State Police. The Department of State
Police | ||
shall conduct a search of the Illinois criminal history record
| ||
information database to ascertain if the applicant being
| ||
considered for employment has been convicted of committing or | ||
attempting to
commit any of the enumerated criminal
or drug
| ||
offenses in subsection (c) of this Section or has been
| ||
convicted, of committing or attempting to commit within 7 years | ||
of the
application for employment with the
Chicago Park | ||
District, any other felony under the laws of this State. The
| ||
Department of State Police shall charge the Chicago Park | ||
District a fee
for conducting the investigation, which fee | ||
shall be deposited in the State
Police Services Fund and shall | ||
not exceed the cost of the inquiry. The
applicant shall not be | ||
charged a fee by the Chicago Park District for the
| ||
investigation.
| ||
(b) If the search of the Illinois criminal history record | ||
database
indicates that the applicant has been convicted of | ||
committing or attempting to
commit any of the enumerated | ||
criminal or drug offenses in subsection (c) or has
been | ||
convicted of committing or attempting to commit, within 7 years | ||
of the
application for employment with the Chicago Park | ||
District, any other felony
under the laws of this State, the | ||
Department of State Police and the
Federal Bureau of
| ||
Investigation shall furnish, pursuant to
a fingerprint based | ||
background check, records
of convictions, until expunged, to | ||
the
General Superintendent and Chief Executive Officer of the | ||
Chicago Park
District. Any information concerning the
record of |
convictions obtained by the General Superintendent and Chief
| ||
Executive Officer shall be confidential and
may only be | ||
transmitted to those persons who are necessary to the decision | ||
on
whether to hire the applicant for employment. A copy of the | ||
record of
convictions
obtained from the Department of State | ||
Police shall be provided to the
applicant for employment. Any | ||
person who releases any confidential
information concerning | ||
any criminal convictions of an applicant for
employment shall | ||
be guilty of a Class A misdemeanor, unless the release
of such | ||
information is authorized by this Section.
| ||
(c) The Chicago Park District may not knowingly employ a | ||
person
who has been convicted for committing attempted first | ||
degree murder
or
for committing or attempting to commit first | ||
degree murder, a Class X felony,
or
any one or more of the | ||
following offenses: (i) those defined in
Sections 11-6, 11-9, | ||
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
11-19.1, | ||
11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15,
| ||
and 12-16 of the Criminal Code of 1961; (ii) those defined in | ||
the
Cannabis Control Act, except those defined in Sections | ||
4(a), 4(b), and
5(a) of that Act; (iii) those defined in the | ||
Illinois Controlled Substances
Act; (iv) those defined in the | ||
Methamphetamine Control and Community Protection Act; and (v)
| ||
(iv) any offense committed or attempted in any
other state or
| ||
against the laws of the United States, which, if committed or | ||
attempted in
this State, would have been punishable as one or | ||
more of the foregoing
offenses. Further, the Chicago Park | ||
District may not knowingly employ a
person who has been found | ||
to be the perpetrator of sexual or physical
abuse of any minor | ||
under 18 years of age pursuant to proceedings under
Article II | ||
of the Juvenile Court Act of 1987. The Chicago Park District
| ||
may not knowingly employ a person for whom a criminal | ||
background
investigation has not been initiated.
| ||
(Source: P.A. 93-418, eff. 1-1-04.)
| ||
Section 945. The Metropolitan Transit Authority Act is | ||
amended by changing Section 28b as follows:
|
(70 ILCS 3605/28b) (from Ch. 111 2/3, par. 328b)
| ||
Sec. 28b. Any person applying for a position as a driver of | ||
a vehicle
owned by a private carrier company which provides | ||
public transportation
pursuant to an agreement with the | ||
Authority shall be required to
authorize an investigation by | ||
the private carrier company to determine if
the applicant has | ||
been convicted of any of the following offenses: (i) those
| ||
offenses defined in Sections 9-1, 9-1.2, 10-1, 10-2, 10-3.1, | ||
10-4, 10-5,
10-6, 10-7, 11-6, 11-9, 11-14, 11-15, 11-15.1, | ||
11-16, 11-17, 11-18, 11-19,
11-19.1, 11-19.2, 11-20, 11-20.1, | ||
11-21, 11-22, 12-4.3, 12-4.4, 12-4.5,
12-6, 12-7.1, 12-11, | ||
12-13, 12-14, 12-14.1,
12-15, 12-16, 12-16.1, 18-1, 18-2, 20-1,
| ||
20-1.1, 31A-1, 31A-1.1, and 33A-2, and in subsection (a) and | ||
subsection (b),
clause (1), of Section 12-4 of the Criminal | ||
Code of 1961; (ii) those
offenses defined in the Cannabis | ||
Control Act except those offenses defined
in subsections (a) | ||
and (b) of Section 4, and subsection (a) of Section 5 of
the | ||
Cannabis Control Act (iii) those offenses defined in the | ||
Illinois
Controlled Substances Act; (iv) those offenses | ||
defined in the Methamphetamine Control and Community | ||
Protection Act; and (v)
(iv) any offense committed or attempted | ||
in
any other state or against the laws of the United States, | ||
which if
committed or attempted in this State would be | ||
punishable as one or more of
the foregoing offenses. Upon | ||
receipt of this authorization, the private
carrier company | ||
shall submit the applicant's name, sex, race, date of
birth, | ||
fingerprints and social security number to the Department of | ||
State
Police on forms prescribed by the Department. The | ||
Department of State
Police shall conduct an investigation to | ||
ascertain if the applicant
has been convicted of any of the | ||
above enumerated offenses. The Department
shall charge the | ||
private carrier company a fee for conducting the
investigation, | ||
which fee shall be deposited in the State Police Services
Fund | ||
and shall not exceed the cost of the inquiry; and the applicant | ||
shall not
be charged a fee for such investigation by the |
private carrier company.
The Department of State Police shall | ||
furnish, pursuant to positive
identification, records of | ||
convictions, until expunged, to the private
carrier company | ||
which requested the investigation. A copy of the record of
| ||
convictions obtained from the Department shall be provided to | ||
the applicant.
Any record of conviction received by the private | ||
carrier company shall be
confidential. Any person who releases | ||
any confidential information
concerning any criminal | ||
convictions of an applicant shall be guilty of a
Class A | ||
misdemeanor, unless authorized by this Section.
| ||
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96 .)
| ||
Section 950. The School Code is amended by changing | ||
Sections 10-21.9, 10-27.1B, 21-23a, 34-18.5, and 34-84b as | ||
follows:
| ||
(105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
| ||
Sec. 10-21.9. Criminal history records checks.
| ||
(a) Certified and noncertified applicants for employment | ||
with a school
district, except school bus driver applicants, | ||
are required as a condition
of employment to authorize a | ||
fingerprint-based criminal history records check to determine | ||
if such applicants have been convicted of any of
the enumerated | ||
criminal or drug offenses in subsection (c) of this Section or
| ||
have been convicted, within 7 years of the application for | ||
employment with
the
school district, of any other felony under | ||
the laws of this State or of any
offense committed or attempted | ||
in any other state or against the laws of
the United States | ||
that, if committed or attempted in this State, would
have been | ||
punishable as a felony under the laws of this State.
| ||
Authorization for the check shall be furnished by the applicant | ||
to
the school district, except that if the applicant is a | ||
substitute teacher
seeking employment in more than one school | ||
district, a teacher seeking
concurrent part-time employment | ||
positions with more than one school
district (as a reading | ||
specialist, special education teacher or otherwise),
or an |
educational support personnel employee seeking employment | ||
positions
with more than one district, any such district may | ||
require the applicant to
furnish authorization for the check to | ||
the regional superintendent
of the educational service region | ||
in which are located the school districts
in which the | ||
applicant is seeking employment as a substitute or concurrent
| ||
part-time teacher or concurrent educational support personnel | ||
employee.
Upon receipt of this authorization, the school | ||
district or the appropriate
regional superintendent, as the | ||
case may be, shall submit the applicant's
name, sex, race, date | ||
of birth, social security number, fingerprint images, and other | ||
identifiers, as prescribed by the Department
of State Police, | ||
to the Department. The regional
superintendent submitting the | ||
requisite information to the Department of
State Police shall | ||
promptly notify the school districts in which the
applicant is | ||
seeking employment as a substitute or concurrent part-time
| ||
teacher or concurrent educational support personnel employee | ||
that the
check of the applicant has been requested. The | ||
Department of State Police and the Federal Bureau of | ||
Investigation shall furnish, pursuant to a fingerprint-based | ||
criminal history records check, records of convictions, until | ||
expunged, to the president of the school board for the school | ||
district that requested the check, or to the regional | ||
superintendent who requested the check.
The
Department shall | ||
charge
the school district
or the appropriate regional | ||
superintendent a fee for
conducting such check, which fee shall | ||
be deposited in the State
Police Services Fund and shall not | ||
exceed the cost of
the inquiry; and the
applicant shall not be | ||
charged a fee for such check by the school
district or by the | ||
regional superintendent. Subject to appropriations for these | ||
purposes, the State Superintendent of Education shall | ||
reimburse school districts and regional superintendents for | ||
fees paid to obtain criminal history records checks under this | ||
Section.
| ||
(b)
Any information
concerning the record of convictions | ||
obtained by the president of the
school board or the regional |
superintendent shall be confidential and may
only be | ||
transmitted to the superintendent of the school district or his
| ||
designee, the appropriate regional superintendent if the check | ||
was
requested by the school district, the presidents of the | ||
appropriate school
boards if the check was requested from the | ||
Department of State
Police by the regional superintendent, the | ||
State Superintendent of
Education, the State Teacher | ||
Certification Board or any other person
necessary to the | ||
decision of hiring the applicant for employment. A copy
of the | ||
record of convictions obtained from the Department of State | ||
Police
shall be provided to the applicant for employment. If a | ||
check of
an applicant for employment as a substitute or | ||
concurrent part-time teacher
or concurrent educational support | ||
personnel employee in more than one
school district was | ||
requested by the regional superintendent, and the
Department of | ||
State Police upon a check ascertains that the applicant
has not | ||
been convicted of any of the enumerated criminal or drug | ||
offenses
in subsection (c) or has not been convicted, within 7 | ||
years of the
application for
employment with the
school | ||
district, of any other felony under the laws of this State or | ||
of any
offense committed or attempted in any other state or | ||
against the laws of
the United States that, if committed or | ||
attempted in this State, would
have been punishable as a felony | ||
under the laws of this State
and so notifies the regional
| ||
superintendent, then the
regional superintendent shall issue | ||
to the applicant a certificate
evidencing that as of the date | ||
specified by the Department of State Police
the applicant has | ||
not been convicted of any of the enumerated criminal or
drug | ||
offenses in subsection (c) or has not been
convicted, within 7 | ||
years of the application for employment with the
school | ||
district, of any other felony under the laws of this State or | ||
of any
offense committed or attempted in any other state or | ||
against the laws of
the United States that, if committed or | ||
attempted in this State, would
have been punishable as a felony | ||
under the laws of this State. The school
board of
any
school | ||
district
located in the educational service region served by |
the regional
superintendent who issues such a certificate to an | ||
applicant for employment
as a substitute teacher in more than | ||
one such district may rely on the
certificate issued by the | ||
regional superintendent to that applicant, or may
initiate its | ||
own criminal history records check of the applicant through the | ||
Department of
State Police as provided in subsection (a). Any | ||
person who releases any
confidential information concerning | ||
any criminal convictions of an
applicant for employment shall | ||
be guilty of a Class A misdemeanor, unless
the release of such | ||
information is authorized by this Section.
| ||
(c) No school board shall knowingly employ a person who has | ||
been
convicted for committing attempted first degree murder or | ||
for committing or
attempting to commit first degree murder or a | ||
Class X felony or any one or
more of the
following offenses: | ||
(i) those defined in Sections 11-6, 11-9, 11-14, 11-15,
| ||
11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, | ||
11-20.1,
11-21, 12-13, 12-14,
12-14.1,
12-15 and 12-16 of the | ||
" Criminal Code of 1961 " ; (ii)
those defined in the " Cannabis | ||
Control Act " except those defined in Sections
4(a), 4(b) and | ||
5(a) of that Act; (iii) those defined in the " Illinois
| ||
Controlled Substances Act " ; (iv) those defined in the | ||
Methamphetamine Control and Community Protection Act; and (v)
| ||
(iv) any
offense committed or attempted in
any other state or | ||
against the laws of the United States, which if
committed or | ||
attempted in this State, would have been punishable as one or
| ||
more of the foregoing offenses.
Further, no school board shall | ||
knowingly employ a person who has been found
to be the | ||
perpetrator of sexual or physical abuse of any minor under 18 | ||
years
of age pursuant to proceedings under Article II of the | ||
Juvenile Court Act of
1987.
| ||
(d) No school board shall knowingly employ a person for | ||
whom a criminal
history records check has not been initiated.
| ||
(e) Upon receipt of the record of a conviction of or a | ||
finding of child
abuse by a holder of any
certificate issued | ||
pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | ||
Code, the appropriate regional superintendent of schools or the
|
State Superintendent of Education shall initiate the | ||
certificate suspension
and revocation proceedings authorized | ||
by law.
| ||
(f) After January 1, 1990 the provisions of this Section | ||
shall apply
to all employees of persons or firms holding | ||
contracts with any school
district including, but not limited | ||
to, food service workers, school bus
drivers and other | ||
transportation employees, who have direct, daily contact
with | ||
the pupils of any school in such district. For purposes of | ||
criminal
history records checks on employees of persons or | ||
firms holding
contracts with more than one school district and | ||
assigned to more than one
school district, the regional | ||
superintendent of the educational service
region in which the | ||
contracting school districts are located may, at the
request of | ||
any such school district, be responsible for receiving the
| ||
authorization for a check prepared by each such employee and
| ||
submitting the same to the Department of State Police. Any | ||
information
concerning the record of conviction of any such | ||
employee obtained by the
regional superintendent shall be | ||
promptly reported to the president of the
appropriate school | ||
board or school boards.
| ||
(Source: P.A. 93-418, eff. 1-1-04; 93-909, eff. 8-12-04.)
| ||
(105 ILCS 5/10-27.1B)
| ||
Sec. 10-27.1B. Reporting drug-related incidents in | ||
schools.
| ||
(a) In this Section:
| ||
"Drug" means "cannabis" as defined under subsection (a) of | ||
Section 3 of the
Cannabis Control Act ,
or "narcotic drug" as | ||
defined under subsection (aa) of
Section 102
of the Illinois | ||
Controlled Substances Act , or "methamphetamine" as defined | ||
under Section 10 of the Methamphetamine Control and Community | ||
Protection Act .
| ||
"School" means any public or private elementary or | ||
secondary school.
| ||
(b) Upon receipt of any written, electronic, or verbal |
report from any
school
personnel regarding a verified incident | ||
involving drugs in a school or on
school owned or
leased | ||
property, including any conveyance owned, leased, or used by | ||
the school
for the
transport of students or school personnel, | ||
the superintendent or his or her
designee, or other appropriate | ||
administrative officer for a private school,
shall
report all | ||
such drug-related incidents occurring in a school or on school
| ||
property to the
local law enforcement authorities immediately | ||
and to the Department of State
Police in a
form, manner, and | ||
frequency as prescribed by the Department of State Police.
| ||
(c) The State Board of Education shall receive an annual | ||
statistical
compilation
and related data associated with | ||
drug-related incidents in schools from the
Department of
State | ||
Police. The State Board of Education shall compile this | ||
information by
school
district and make it available to the | ||
public.
| ||
(Source: P.A. 91-491, eff. 8-13-99.)
| ||
(105 ILCS 5/21-23a) (from Ch. 122, par. 21-23a)
| ||
Sec. 21-23a. Conviction of sex or narcotics offense, first | ||
degree murder,
attempted first degree murder, or Class X felony | ||
as grounds for revocation
of certificate.
| ||
(a) Whenever the holder of any certificate issued pursuant
| ||
to this Article has been convicted of any sex offense or | ||
narcotics offense
as defined in this Section, the regional | ||
superintendent or the State
Superintendent
of Education shall | ||
forthwith suspend the certificate. If the conviction
is | ||
reversed and the holder is acquitted of the offense in a new | ||
trial or
the charges against him are dismissed, the suspending | ||
authority shall forthwith
terminate the suspension of the | ||
certificate. When the conviction becomes
final, the State | ||
Superintendent of Education shall forthwith revoke the
| ||
certificate. "Sex offense" as used in this Section means any | ||
one or more
of the following offenses: (1) any offense defined | ||
in Sections 11-6 and
11-9 and Sections 11-14 through 11-21, | ||
inclusive, and Sections
12-13, 12-14,
12-14.1,
12-15 and 12-16 |
of the " Criminal Code of 1961 " ; (2) any
attempt to commit any | ||
of the foregoing offenses, and (3) any offense committed
or | ||
attempted in any other state which, if committed or attempted | ||
in this
State, would have been punishable as one or more of the | ||
foregoing
offenses. "Narcotics offense" as used in this Section
| ||
means any one or more of the following offenses: (1) any | ||
offense defined
in the " Cannabis Control Act " except those | ||
defined in Sections 4(a), 4(b)
and 5(a) of that Act and any | ||
offense for which the holder of any certificate
is placed on | ||
probation under the provisions of Section 10 of that Act and
| ||
fulfills the terms and conditions of probation as may be | ||
required by the
court; (2) any offense defined in the " Illinois | ||
Controlled
Substances Act " except any offense for which the | ||
holder of any certificate
is placed on probation under the | ||
provisions of Section 410 of that Act and
fulfills the terms | ||
and conditions of probation as may be required by the
court; | ||
(3) any offense defined in the Methamphetamine Control and | ||
Community Protection Act except any offense for which the | ||
holder of any certificate is placed on probation under the | ||
provision of Section 70 of that Act and fulfills the terms and | ||
conditions of probation as may be required by the court; (4)
| ||
(3) any attempt to commit any of the foregoing offenses; and | ||
(5)
(4)
any offense committed or attempted in any other state | ||
or against the laws
of the United States which, if committed or | ||
attempted in this State, would
have been punishable as one or | ||
more of the foregoing offenses.
| ||
(b) Whenever the holder of a certificate issued pursuant to | ||
this Article
has been convicted of first degree murder, | ||
attempted first degree murder, or a
Class X felony, the | ||
regional superintendent or the State Superintendent of
| ||
Education shall forthwith suspend the certificate. If the | ||
conviction is
reversed and the holder is acquitted of that | ||
offense in a new trial or the
charges that he or she committed | ||
that offense are dismissed, the suspending
authority shall | ||
forthwith terminate the suspension of the certificate. When
the | ||
conviction becomes final, the State Superintendent of |
Education shall
forthwith revoke the certificate. The stated | ||
offenses of "first degree
murder", "attempted first degree | ||
murder", and "Class X felony" referred to in
this Section | ||
include any offense committed in another state that, if | ||
committed
in this State, would have been punishable as any one | ||
of the stated offenses.
| ||
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; | ||
89-610, eff.
8-6-96.)
| ||
(105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
| ||
Sec. 34-18.5. Criminal history records checks.
| ||
(a) Certified and noncertified applicants for
employment | ||
with the school district are required as a condition of
| ||
employment to authorize a fingerprint-based criminal history | ||
records check to determine if such applicants
have been | ||
convicted of any of the enumerated criminal or drug offenses in
| ||
subsection (c) of this Section or have been
convicted, within 7 | ||
years of the application for employment with the
school | ||
district, of any other felony under the laws of this State or | ||
of any
offense committed or attempted in any other state or | ||
against the laws of
the United States that, if committed or | ||
attempted in this State, would
have been punishable as a felony | ||
under the laws of this State. Authorization
for the
check shall
| ||
be furnished by the applicant to the school district, except | ||
that if the
applicant is a substitute teacher seeking | ||
employment in more than one
school district, or a teacher | ||
seeking concurrent part-time employment
positions with more | ||
than one school district (as a reading specialist,
special | ||
education teacher or otherwise), or an educational support
| ||
personnel employee seeking employment positions with more than | ||
one
district, any such district may require the applicant to | ||
furnish
authorization for the check to the regional | ||
superintendent of the
educational service region in which are | ||
located the school districts in
which the applicant is seeking | ||
employment as a substitute or concurrent
part-time teacher or | ||
concurrent educational support personnel employee.
Upon |
receipt of this authorization, the school district or the | ||
appropriate
regional superintendent, as the case may be, shall | ||
submit the applicant's
name, sex, race, date of birth, social | ||
security number, fingerprint images, and other identifiers, as | ||
prescribed by the Department
of State Police, to the | ||
Department. The regional
superintendent submitting the | ||
requisite information to the Department of
State Police shall | ||
promptly notify the school districts in which the
applicant is | ||
seeking employment as a substitute or concurrent part-time
| ||
teacher or concurrent educational support personnel employee | ||
that the
check of the applicant has been requested. The | ||
Department of State
Police and the Federal Bureau of | ||
Investigation shall furnish, pursuant to a fingerprint-based | ||
criminal history records check, records of convictions, until | ||
expunged, to the president of the school board for the school | ||
district that requested the check, or to the regional | ||
superintendent who requested the check. The
Department shall | ||
charge
the school district
or the appropriate regional | ||
superintendent a fee for
conducting such check, which fee shall | ||
be deposited in the State
Police Services Fund and shall not | ||
exceed the cost of the inquiry; and the
applicant shall not be | ||
charged a fee for such check by the school
district or by the | ||
regional superintendent. Subject to appropriations for these | ||
purposes, the State Superintendent of Education shall | ||
reimburse the school district and regional superintendent for | ||
fees paid to obtain criminal history records checks under this | ||
Section.
| ||
(b) Any
information concerning the record of convictions | ||
obtained by the president
of the board of education or the | ||
regional superintendent shall be
confidential and may only be | ||
transmitted to the general superintendent of
the school | ||
district or his designee, the appropriate regional
| ||
superintendent if the check was requested by the board of | ||
education
for the school district, the presidents of the | ||
appropriate board of
education or school boards if the check | ||
was requested from the
Department of State Police by the |
regional superintendent, the State
Superintendent of | ||
Education, the State Teacher Certification Board or any
other | ||
person necessary to the decision of hiring the applicant for
| ||
employment. A copy of the record of convictions obtained from | ||
the
Department of State Police shall be provided to the | ||
applicant for
employment. If a check of an applicant for | ||
employment as a
substitute or concurrent part-time teacher or | ||
concurrent educational
support personnel employee in more than | ||
one school district was requested
by the regional | ||
superintendent, and the Department of State Police upon
a check | ||
ascertains that the applicant has not been convicted of any
of | ||
the enumerated criminal or drug offenses in subsection (c) or | ||
has not been
convicted,
within 7 years of the application for | ||
employment with the
school district, of any other felony under | ||
the laws of this State or of any
offense committed or attempted | ||
in any other state or against the laws of
the United States | ||
that, if committed or attempted in this State, would
have been | ||
punishable as a felony under the laws of this State and so
| ||
notifies the regional superintendent, then the regional | ||
superintendent
shall issue to the applicant a certificate | ||
evidencing that as of the date
specified by the Department of | ||
State Police the applicant has not been
convicted of any of the | ||
enumerated criminal or drug offenses in subsection
(c) or has | ||
not been
convicted, within 7 years of the application for | ||
employment with the
school district, of any other felony under | ||
the laws of this State or of any
offense committed or attempted | ||
in any other state or against the laws of
the United States | ||
that, if committed or attempted in this State, would
have been | ||
punishable as a felony under the laws of this State. The school
| ||
board of any school district located
in
the educational
service | ||
region served by the regional superintendent who issues such a
| ||
certificate to an applicant for employment as a substitute or | ||
concurrent
part-time teacher or concurrent educational support | ||
personnel employee in more
than one such district may rely on | ||
the certificate issued by the regional
superintendent to that | ||
applicant, or may initiate its own criminal history records |
check of
the applicant through the Department of State Police | ||
as provided in
subsection (a). Any person who releases any | ||
confidential information
concerning any criminal convictions | ||
of an applicant for employment shall be
guilty of a Class A | ||
misdemeanor, unless the release of such information is
| ||
authorized by this Section.
| ||
(c) The board of education shall not knowingly employ a | ||
person who has
been convicted for committing attempted first | ||
degree murder or for
committing or attempting to commit first | ||
degree murder or a Class X felony
or any one or more of the
| ||
following offenses: (i) those defined in Sections 11-6, 11-9, | ||
11-14,
11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, | ||
11-19.2, 11-20,
11-20.1, 11-21, 12-13, 12-14,
12-14.1,
12-15 | ||
and 12-16 of the Criminal Code of
1961; (ii) those defined in | ||
the Cannabis Control Act,
except those defined in Sections | ||
4(a), 4(b) and 5(a) of that Act; (iii)
those defined in the | ||
Illinois Controlled Substances Act; (iv) those defined in the | ||
Methamphetamine Control and Community Protection Act;
and (v)
| ||
(iv) any
offense committed or attempted in any other state or | ||
against the laws of
the United States, which if committed or | ||
attempted in this State, would
have been punishable as one or | ||
more of the foregoing offenses.
Further, the board of education | ||
shall not knowingly employ a person who has
been found to be | ||
the perpetrator of sexual or physical abuse of any minor under
| ||
18 years of age pursuant to proceedings under Article II of the | ||
Juvenile Court
Act of 1987.
| ||
(d) The board of education shall not knowingly employ a | ||
person for whom
a criminal history records check has not been | ||
initiated.
| ||
(e) Upon receipt of the record of a conviction of or a | ||
finding of child
abuse by a holder of any
certificate issued | ||
pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | ||
Code, the board of education or the State Superintendent of
| ||
Education shall initiate the certificate suspension and | ||
revocation
proceedings authorized by law.
| ||
(f) After March 19, 1990, the provisions of this Section |
shall apply to
all employees of persons or firms holding | ||
contracts with any school district
including, but not limited | ||
to, food service workers, school bus drivers and
other | ||
transportation employees, who have direct, daily contact with | ||
the
pupils of any school in such district. For purposes of | ||
criminal history records checks on employees of persons or | ||
firms holding contracts with more
than one school district and | ||
assigned to more than one school district, the
regional | ||
superintendent of the educational service region in which the
| ||
contracting school districts are located may, at the request of | ||
any such
school district, be responsible for receiving the | ||
authorization for
a check prepared by each such employee and | ||
submitting the same to the
Department of State Police. Any | ||
information concerning the record of
conviction of any such | ||
employee obtained by the regional superintendent
shall be | ||
promptly reported to the president of the appropriate school | ||
board
or school boards.
| ||
(Source: P.A. 93-418, eff. 1-1-04; 93-909, eff. 8-12-04.)
| ||
(105 ILCS 5/34-84b) (from Ch. 122, par. 34-84b)
| ||
Sec. 34-84b. Conviction of sex or narcotics offense, first | ||
degree murder,
attempted first degree murder, or Class X felony | ||
as grounds for
revocation
of certificate.
| ||
(a) Whenever the holder of any certificate issued by the | ||
board
of education has been convicted of any sex offense or | ||
narcotics offense
as defined in this Section, the board of | ||
education shall forthwith suspend
the certificate. If the | ||
conviction is reversed and the holder is acquitted
of the | ||
offense in a new trial or the charges against him are | ||
dismissed,
the board shall forthwith terminate the suspension | ||
of the certificate.
When the conviction becomes final, the | ||
board shall forthwith revoke the
certificate. "Sex offense" as | ||
used in this Section means any one or more
of the following | ||
offenses: (1) any offense defined in Sections 11-6 and
11-9 and | ||
Sections
11-14 through 11-21, inclusive, and Sections 12-13, | ||
12-14,
12-14.1,
12-15 and 12-16 of the
" Criminal Code of 1961 " ; |
(2) any attempt to commit any of the foregoing
offenses, and | ||
(3) any offense committed or attempted in any other state
| ||
which, if committed or attempted in this State, would have been | ||
punishable
as one or more of the foregoing offenses. "Narcotics | ||
offense" as used in
this Section means any one or more of the | ||
following offenses: (1) any offense
defined in the " Cannabis | ||
Control Act " except those defined in Sections 4(a),
4(b) and | ||
5(a) of that Act and any offense for which the holder of any
| ||
certificate
is placed on probation under the provisions of | ||
Section 10 of that Act and
fulfills the terms and conditions of | ||
probation as may be required by the
court; (2) any offense | ||
defined in the " Illinois
Controlled Substances Act " except any | ||
offense for which the holder of any
certificate is placed on | ||
probation under the provisions of Section 410 of
that Act and | ||
fulfills the terms and conditions of probation as may be | ||
required
by the court; (3) any offense defined in the | ||
Methamphetamine Control and Community Protection Act except | ||
any offense for which the holder of any certificate is placed | ||
on probation under the provision of Section 70 of that Act and | ||
fulfills the terms and conditions of probation as may be | ||
required by the court; (4)
(3) any attempt to commit any of the | ||
foregoing
offenses; and (5)
(4) any offense committed or | ||
attempted in any other state
or against the laws of the United | ||
States which, if committed or attempted
in this State, would | ||
have been punishable as one or more of the foregoing
offenses.
| ||
(b) Whenever the holder of any certificate issued by the | ||
board of
education or pursuant to Article 21 or any other | ||
provisions of the School Code
has been convicted of first | ||
degree
murder, attempted first degree murder, or a
Class X | ||
felony, the board of education or the State Superintendent of
| ||
Education shall forthwith suspend the certificate. If the | ||
conviction is
reversed and the holder is acquitted of that | ||
offense in a new trial or the
charges that he or she committed | ||
that offense are dismissed, the suspending
authority shall | ||
forthwith terminate the suspension of the certificate. When
the | ||
conviction becomes final, the State Superintendent of |
Education shall
forthwith revoke the certificate. The stated | ||
offenses of "first degree
murder", "attempted first degree | ||
murder", and "Class X felony" referred to in
this Section | ||
include any offense committed in another state that, if | ||
committed
in this State, would have been punishable as any one | ||
of the stated offenses.
| ||
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; | ||
89-610, eff.
8-6-96.)
| ||
Section 955. The School Reporting of Drug Violations Act is | ||
amended by changing Section 2 as follows:
| ||
(105 ILCS 127/2)
| ||
Sec. 2. Duty of school administrators. It is the duty of | ||
the principal
of a public elementary or secondary school, or | ||
his or her designee, and the
chief administrative officer of a | ||
private elementary or secondary school or a
public or private | ||
community college, college, or university, or his or her
| ||
designee, to report to the municipal police
department or | ||
office of the county sheriff of the municipality or county | ||
where
the school is located violations of Section 5.2 of the | ||
Cannabis Control Act ,
and violations of Section 401 and | ||
subsection (b) of Section 407 of the Illinois
Controlled | ||
Substances Act , and violations of the Methamphetamine Control | ||
and Community Protection Act occurring in a school, on the real | ||
property comprising any school, on a public
way within 1,000 | ||
feet of a school, or in any conveyance owned, leased, or
| ||
contracted by a school to transport students to or from school | ||
or a school
related
activity within 48 hours of
becoming aware | ||
of the incident.
| ||
(Source: P.A. 90-395, eff. 8-15-97.)
| ||
Section 960. The Acupuncture Practice Act is amended by | ||
changing Section 135 as follows:
| ||
(225 ILCS 2/135)
|
(Section scheduled to be repealed on January 1, 2008)
| ||
Sec. 135. Criminal violations. Whoever
knowingly practices | ||
or offers to practice acupuncture
in this State without being | ||
licensed for that purpose shall be
guilty of a Class A | ||
misdemeanor and for each subsequent conviction
shall be guilty | ||
of a Class 4 felony. Notwithstanding any other
provision of | ||
this Act, all criminal fines, moneys, or other
property | ||
collected or received by the Department under this Section
or | ||
any other State or federal statute, including but not limited
| ||
to property forfeited to the Department under Section 505 of | ||
the
Illinois Controlled Substances Act or Section 85 of the | ||
Methamphetamine Control and Community Protection Act , shall be | ||
deposited into the
Professional Regulation Evidence Fund.
| ||
(Source: P.A. 90-61, eff. 7-3-97.)
| ||
Section 965. The Child Care Act of 1969 is amended by | ||
changing Section 4.2 as follows:
| ||
(225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
| ||
Sec. 4.2. (a) No applicant may receive a license from the | ||
Department and
no person may be employed by a licensed child | ||
care facility who refuses to
authorize an investigation as | ||
required by Section 4.1.
| ||
(b) In addition to the other provisions of this Section, no | ||
applicant
may
receive a license from the Department and no | ||
person
may be employed by a child care facility licensed by the | ||
Department who has
been declared a sexually dangerous person | ||
under "An Act in relation to
sexually dangerous persons, and | ||
providing for their commitment, detention
and supervision", | ||
approved July 6, 1938, as amended, or convicted of
committing | ||
or attempting to commit any of the following offenses | ||
stipulated
under the Criminal Code of 1961:
| ||
(1) murder;
| ||
(1.1) solicitation of murder;
| ||
(1.2) solicitation of murder for hire;
| ||
(1.3) intentional homicide of an unborn child;
|
(1.4) voluntary manslaughter of an unborn child;
| ||
(1.5) involuntary manslaughter;
| ||
(1.6) reckless homicide;
| ||
(1.7) concealment of a homicidal death;
| ||
(1.8) involuntary manslaughter of an unborn child;
| ||
(1.9) reckless homicide of an unborn child;
| ||
(1.10) drug-induced homicide;
| ||
(2) a sex offense under Article 11, except offenses | ||
described in
Sections 11-7, 11-8, 11-12, and 11-13;
| ||
(3) kidnapping;
| ||
(3.1) aggravated unlawful restraint;
| ||
(3.2) forcible detention;
| ||
(3.3) harboring a runaway;
| ||
(3.4) aiding and abetting child abduction;
| ||
(4) aggravated kidnapping;
| ||
(5) child abduction;
| ||
(6) aggravated battery of a child;
| ||
(7) criminal sexual assault;
| ||
(8) aggravated criminal sexual assault;
| ||
(8.1) predatory criminal sexual assault of a child;
| ||
(9) criminal sexual abuse;
| ||
(10) aggravated sexual abuse;
| ||
(11) heinous battery;
| ||
(12) aggravated battery with a firearm;
| ||
(13) tampering with food, drugs, or cosmetics;
| ||
(14) drug induced infliction of great bodily harm;
| ||
(15) hate crime;
| ||
(16) stalking;
| ||
(17) aggravated stalking;
| ||
(18) threatening public officials;
| ||
(19) home invasion;
| ||
(20) vehicular invasion;
| ||
(21) criminal transmission of HIV;
| ||
(22) criminal abuse or neglect of an elderly or | ||
disabled person;
| ||
(23) child abandonment;
|
(24) endangering the life or health of a child;
| ||
(25) ritual mutilation;
| ||
(26) ritualized abuse of a child;
| ||
(27) an offense in any other jurisdiction the elements | ||
of
which are similar and
bear a substantial relationship to | ||
any of the foregoing offenses.
| ||
(b-1) In addition to the other provisions of this Section, | ||
beginning
January 1, 2004, no new applicant and, on the date of
| ||
licensure renewal, no current licensee may operate or receive a | ||
license from
the
Department to operate, no person may be | ||
employed by, and no adult person may
reside in a child care | ||
facility licensed by the Department who has been
convicted of | ||
committing or attempting to commit any of the following | ||
offenses
or an offense in any other jurisdiction the elements | ||
of which are similar and
bear a substantial relationship to any | ||
of the following offenses:
| ||
(I) BODILY HARM
| ||
(1) Felony aggravated assault.
| ||
(2) Vehicular endangerment.
| ||
(3) Felony domestic battery.
| ||
(4) Aggravated battery.
| ||
(5) Heinous battery.
| ||
(6) Aggravated battery with a firearm.
| ||
(7) Aggravated battery of an unborn child.
| ||
(8) Aggravated battery of a senior citizen.
| ||
(9) Intimidation.
| ||
(10) Compelling organization membership of persons.
| ||
(11) Abuse and gross neglect of a long term care | ||
facility resident.
| ||
(12) Felony violation of an order of protection.
| ||
(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
| ||
(1) Felony unlawful use of weapons.
|
(2) Aggravated discharge of a firearm.
| ||
(3) Reckless discharge of a firearm.
| ||
(4) Unlawful use of metal piercing bullets.
| ||
(5) Unlawful sale or delivery of firearms on the | ||
premises of any
school.
| ||
(6) Disarming a police officer.
| ||
(7) Obstructing justice.
| ||
(8) Concealing or aiding a fugitive.
| ||
(9) Armed violence.
| ||
(10) Felony contributing to the criminal delinquency | ||
of a juvenile.
| ||
(III) DRUG OFFENSES
| ||
(1) Possession of more than 30 grams of cannabis.
| ||
(2) Manufacture of more than 10 grams of cannabis.
| ||
(3) Cannabis trafficking.
| ||
(4) Delivery of cannabis on school grounds.
| ||
(5) Unauthorized production of more than 5 cannabis | ||
sativa plants.
| ||
(6) Calculated criminal cannabis conspiracy.
| ||
(7) Unauthorized manufacture or delivery of controlled | ||
substances.
| ||
(8) Controlled substance trafficking.
| ||
(9) Manufacture, distribution, or advertisement of | ||
look-alike
substances.
| ||
(10) Calculated criminal drug conspiracy.
| ||
(11) Street gang criminal drug conspiracy.
| ||
(12) Permitting unlawful use of a building.
| ||
(13) Delivery of controlled, counterfeit, or | ||
look-alike substances to
persons under age 18, or at truck | ||
stops, rest stops, or safety rest areas, or
on school | ||
property.
| ||
(14) Using, engaging, or employing persons under 18 to | ||
deliver
controlled, counterfeit, or look-alike substances.
| ||
(15) Delivery of controlled substances.
|
(16) Sale or delivery of drug paraphernalia.
| ||
(17) Felony possession, sale, or exchange of | ||
instruments adapted
for use of a controlled substance , | ||
methamphetamine, or cannabis by subcutaneous injection.
| ||
(18) Felony possession of a controlled substance.
| ||
(19) Any violation of the Methamphetamine Control and | ||
Community Protection Act.
| ||
(b-2) For child care facilities other than foster family | ||
homes,
the Department may issue a new child care facility | ||
license to or renew the
existing child care facility license of | ||
an applicant, a person employed by a
child care facility, or an | ||
applicant who has an adult residing in a home child
care | ||
facility who was convicted of an offense described in | ||
subsection (b-1),
provided that all of the following | ||
requirements are met:
| ||
(1) The relevant criminal offense occurred more than 5 | ||
years prior to the
date of application or renewal, except | ||
for drug offenses. The relevant drug
offense must have | ||
occurred more than 10 years prior to the date of | ||
application
or renewal, unless the applicant passed a drug | ||
test, arranged and paid for by
the child care facility, no | ||
less than 5 years after the offense.
| ||
(2) The Department must conduct a background check and | ||
assess all
convictions and recommendations of the child | ||
care facility to determine if
waiver shall apply in | ||
accordance with Department administrative rules and
| ||
procedures.
| ||
(3) The applicant meets all other requirements and | ||
qualifications to be
licensed as the pertinent type of | ||
child care facility under this Act and the
Department's | ||
administrative rules.
| ||
(c) In addition to the other provisions of this Section, no
| ||
applicant may receive a license from the Department to operate | ||
a foster family
home, and no adult person may reside in a | ||
foster family home licensed by the
Department, who has been | ||
convicted of committing or attempting to commit any of
the |
following offenses stipulated under the Criminal Code of 1961, | ||
the Cannabis
Control Act, the Methamphetamine Control and | ||
Community Protection Act, and the Illinois Controlled | ||
Substances Act:
| ||
(I) OFFENSES DIRECTED AGAINST THE PERSON
| ||
(A) KIDNAPPING AND RELATED OFFENSES
| ||
(1) Unlawful restraint.
| ||
(B) BODILY HARM
| ||
(2) Felony aggravated assault.
| ||
(3) Vehicular endangerment.
| ||
(4) Felony domestic battery.
| ||
(5) Aggravated battery.
| ||
(6) Heinous battery.
| ||
(7) Aggravated battery with a firearm.
| ||
(8) Aggravated battery of an unborn child.
| ||
(9) Aggravated battery of a senior citizen.
| ||
(10) Intimidation.
| ||
(11) Compelling organization membership of persons.
| ||
(12) Abuse and gross neglect of a long term care | ||
facility resident.
| ||
(13) Felony violation of an order of protection.
| ||
(II) OFFENSES DIRECTED AGAINST PROPERTY
| ||
(14) Felony theft.
| ||
(15) Robbery.
| ||
(16) Armed robbery.
| ||
(17) Aggravated robbery.
| ||
(18) Vehicular hijacking.
| ||
(19) Aggravated vehicular hijacking.
| ||
(20) Burglary.
| ||
(21) Possession of burglary tools.
| ||
(22) Residential burglary.
|
(23) Criminal fortification of a residence or | ||
building.
| ||
(24) Arson.
| ||
(25) Aggravated arson.
| ||
(26) Possession of explosive or explosive incendiary | ||
devices.
| ||
(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
| ||
(27) Felony unlawful use of weapons.
| ||
(28) Aggravated discharge of a firearm.
| ||
(29) Reckless discharge of a firearm.
| ||
(30) Unlawful use of metal piercing bullets.
| ||
(31) Unlawful sale or delivery of firearms on the | ||
premises of any school.
| ||
(32) Disarming a police officer.
| ||
(33) Obstructing justice.
| ||
(34) Concealing or aiding a fugitive.
| ||
(35) Armed violence.
| ||
(36) Felony contributing to the criminal delinquency | ||
of a juvenile.
| ||
(IV) DRUG OFFENSES
| ||
(37) Possession of more than 30 grams of cannabis.
| ||
(38) Manufacture of more than 10 grams of cannabis.
| ||
(39) Cannabis trafficking.
| ||
(40) Delivery of cannabis on school grounds.
| ||
(41) Unauthorized production of more than 5 cannabis | ||
sativa plants.
| ||
(42) Calculated criminal cannabis conspiracy.
| ||
(43) Unauthorized manufacture or delivery of | ||
controlled substances.
| ||
(44) Controlled substance trafficking.
| ||
(45) Manufacture, distribution, or advertisement of | ||
look-alike substances.
|
(46) Calculated criminal drug conspiracy.
| ||
(46.5) Streetgang criminal drug conspiracy.
| ||
(47) Permitting unlawful use of a building.
| ||
(48) Delivery of controlled, counterfeit, or | ||
look-alike substances to
persons under age 18, or at truck | ||
stops, rest stops, or safety rest areas, or
on school | ||
property.
| ||
(49) Using, engaging, or employing persons under 18 to | ||
deliver controlled,
counterfeit, or look-alike substances.
| ||
(50) Delivery of controlled substances.
| ||
(51) Sale or delivery of drug paraphernalia.
| ||
(52) Felony possession, sale, or exchange of | ||
instruments adapted for use
of a controlled substance , | ||
methamphetamine, or cannabis by subcutaneous injection. | ||
(53) Any violation of the Methamphetamine Control and | ||
Community Protection Act.
| ||
(d) Notwithstanding subsection (c), the Department may | ||
issue a new foster
family home license or may renew an existing
| ||
foster family home license of an applicant who was convicted of | ||
an offense
described in subsection (c), provided all of the | ||
following requirements are
met:
| ||
(1) The relevant criminal offense or offenses occurred | ||
more than 10 years
prior to the date of application or | ||
renewal.
| ||
(2) The applicant had previously disclosed the | ||
conviction or convictions
to the Department for purposes of | ||
a background check.
| ||
(3) After the disclosure, the Department either placed | ||
a child in the home
or the foster family home license was | ||
issued.
| ||
(4) During the background check, the Department had | ||
assessed and
waived the conviction in compliance with the | ||
existing statutes and rules in
effect at the time of the | ||
waiver.
| ||
(5) The applicant meets all other requirements and | ||
qualifications to be
licensed as a foster family home under |
this Act and the Department's
administrative
rules.
| ||
(6) The applicant has a history of providing a safe, | ||
stable home
environment and appears able to continue to | ||
provide a safe, stable home
environment.
| ||
(Source: P.A. 92-328, eff. 1-1-02; 93-151, eff. 7-10-03.)
| ||
Section 970. The Health Care Worker Background Check Act is | ||
amended by changing Section 25 as follows:
| ||
(225 ILCS 46/25)
| ||
Sec. 25. Persons ineligible to be hired by health care | ||
employers.
| ||
(a) After January 1, 1996, or January 1, 1997, as | ||
applicable, no
health care employer shall knowingly hire, | ||
employ, or retain any
individual in a position with duties | ||
involving direct care for clients,
patients, or residents, who | ||
has been convicted of committing or attempting to
commit one or | ||
more of the offenses defined in Sections 8-1.1, 8-1.2, 9-1,
| ||
9-1.2, 9-2, 9-2.1, 9-3, 9-3.1, 9-3.2, 9-3.3, 10-1, 10-2, 10-3, | ||
10-3.1, 10-4,
10-5, 10-7, 11-6, 11-9.1, 11-19.2, 11-20.1, 12-1, | ||
12-2, 12-3, 12-3.1,
12-3.2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||
12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4,
12-11, 12-13, 12-14, | ||
12-14.1, 12-15, 12-16, 12-19, 12-21, 12-21.6, 12-32,
12-33, | ||
16-1, 16-1.3,
16A-3, 17-3, 18-1, 18-2, 18-3, 18-4, 18-5, 19-1, | ||
19-3, 19-4, 20-1, 20-1.1,
24-1, 24-1.2, 24-1.5, or 33A-2 of the | ||
Criminal Code of 1961; those provided in
Section 4 of the | ||
Wrongs to Children Act; those provided in Section 53 of the
| ||
Criminal Jurisprudence Act; those defined in Section 5, 5.1, | ||
5.2, 7, or 9 of
the Cannabis Control Act; those defined in the | ||
Methamphetamine Control and Community Protection Act; or those | ||
defined in Sections 401, 401.1, 404, 405,
405.1, 407, or 407.1 | ||
of the Illinois Controlled Substances Act, unless the
applicant | ||
or employee obtains a waiver pursuant to Section 40.
| ||
(a-1) After January 1, 2004, no health care employer shall | ||
knowingly hire
any individual in a position with duties | ||
involving direct care for clients,
patients, or residents who |
has (i) been convicted of committing or attempting
to commit | ||
one or more of the offenses defined in Section 12-3.3, | ||
12-4.2-5,
16-2, 16G-15, 16G-20, 18-5, 20-1.2, 24-1.1, | ||
24-1.2-5, 24-1.6, 24-3.2, or 24-3.3
of the Criminal Code of | ||
1961; Section 4, 5, 6, 8, or 17.02 of the Illinois
Credit Card | ||
and Debit Card Act; or Section 5.1 of the Wrongs to Children | ||
Act;
or (ii) violated Section 10-5 of the Nursing and Advanced | ||
Practice Nursing Act.
| ||
A UCIA criminal history record check need not be redone for | ||
health care
employees who have been continuously employed by a | ||
health care employer since
January 1, 2004, but nothing in this | ||
Section prohibits a health care employer
from initiating a | ||
criminal history check for these employees.
| ||
A health care employer is not required to retain an | ||
individual in a position
with duties involving direct care for | ||
clients, patients, or residents who has
been convicted of | ||
committing or attempting to commit one or more of
the offenses | ||
enumerated in this subsection.
| ||
(b) A health care employer shall not hire, employ, or | ||
retain any
individual in a position with duties involving | ||
direct care of clients,
patients, or residents if the health | ||
care employer becomes aware that the
individual has been | ||
convicted in another state of committing or attempting to
| ||
commit an offense that has the same or similar elements as an | ||
offense listed in
subsection (a) or (a-1), as verified by court | ||
records, records from a state
agency, or an FBI criminal | ||
history record check. This shall not be construed to
mean that | ||
a health care employer has an obligation to conduct a criminal
| ||
history records check in other states in which an employee has | ||
resided.
| ||
(Source: P.A. 93-224, eff. 7-18-03.)
| ||
Section 975. The Medical Practice Act of 1987 is amended by | ||
changing Section 22 as follows:
| ||
(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
|
(Section scheduled to be repealed on January 1, 2007)
| ||
Sec. 22. Disciplinary action.
| ||
(A) The Department may revoke, suspend, place on | ||
probationary
status, or take any other disciplinary action as | ||
the Department may deem proper
with regard to the license or | ||
visiting professor permit of any person issued
under this Act | ||
to practice medicine, or to treat human ailments without the | ||
use
of drugs and without operative surgery upon any of the | ||
following grounds:
| ||
(1) Performance of an elective abortion in any place, | ||
locale,
facility, or
institution other than:
| ||
(a) a facility licensed pursuant to the Ambulatory | ||
Surgical Treatment
Center Act;
| ||
(b) an institution licensed under the Hospital | ||
Licensing Act; or
| ||
(c) an ambulatory surgical treatment center or | ||
hospitalization or care
facility maintained by the | ||
State or any agency thereof, where such department
or | ||
agency has authority under law to establish and enforce | ||
standards for the
ambulatory surgical treatment | ||
centers, hospitalization, or care facilities
under its | ||
management and control; or
| ||
(d) ambulatory surgical treatment centers, | ||
hospitalization or care
facilities maintained by the | ||
Federal Government; or
| ||
(e) ambulatory surgical treatment centers, | ||
hospitalization or care
facilities maintained by any | ||
university or college established under the laws
of | ||
this State and supported principally by public funds | ||
raised by
taxation.
| ||
(2) Performance of an abortion procedure in a wilful | ||
and wanton
manner on a
woman who was not pregnant at the | ||
time the abortion procedure was
performed.
| ||
(3) The conviction of a felony in this or any other
| ||
jurisdiction, except as
otherwise provided in subsection B | ||
of this Section, whether or not related to
practice under |
this Act, or the entry of a guilty or nolo contendere plea | ||
to a
felony charge.
| ||
(4) Gross negligence in practice under this Act.
| ||
(5) Engaging in dishonorable, unethical or | ||
unprofessional
conduct of a
character likely to deceive, | ||
defraud or harm the public.
| ||
(6) Obtaining any fee by fraud, deceit, or
| ||
misrepresentation.
| ||
(7) Habitual or excessive use or abuse of drugs defined | ||
in law
as
controlled substances, of alcohol, or of any | ||
other substances which results in
the inability to practice | ||
with reasonable judgment, skill or safety.
| ||
(8) Practicing under a false or, except as provided by | ||
law, an
assumed
name.
| ||
(9) Fraud or misrepresentation in applying for, or | ||
procuring, a
license
under this Act or in connection with | ||
applying for renewal of a license under
this Act.
| ||
(10) Making a false or misleading statement regarding | ||
their
skill or the
efficacy or value of the medicine, | ||
treatment, or remedy prescribed by them at
their direction | ||
in the treatment of any disease or other condition of the | ||
body
or mind.
| ||
(11) Allowing another person or organization to use | ||
their
license, procured
under this Act, to practice.
| ||
(12) Disciplinary action of another state or | ||
jurisdiction
against a license
or other authorization to | ||
practice as a medical doctor, doctor of osteopathy,
doctor | ||
of osteopathic medicine or
doctor of chiropractic, a | ||
certified copy of the record of the action taken by
the | ||
other state or jurisdiction being prima facie evidence | ||
thereof.
| ||
(13) Violation of any provision of this Act or of the | ||
Medical
Practice Act
prior to the repeal of that Act, or | ||
violation of the rules, or a final
administrative action of | ||
the Director, after consideration of the
recommendation of | ||
the Disciplinary Board.
|
(14) Dividing with anyone other than physicians with | ||
whom the
licensee
practices in a partnership, Professional | ||
Association, limited liability
company, or Medical or | ||
Professional
Corporation any fee, commission, rebate or | ||
other form of compensation for any
professional services | ||
not actually and personally rendered. Nothing contained
in | ||
this subsection prohibits persons holding valid and | ||
current licenses under
this Act from practicing medicine in | ||
partnership under a partnership
agreement, including a | ||
limited liability partnership, in a limited liability
| ||
company under the Limited Liability Company Act, in a | ||
corporation authorized by
the Medical Corporation Act, as | ||
an
association authorized by the Professional Association | ||
Act, or in a
corporation under the
Professional Corporation | ||
Act or from pooling, sharing, dividing or
apportioning the | ||
fees and monies received by them or by the partnership,
| ||
corporation or association in accordance with the | ||
partnership agreement or the
policies of the Board of | ||
Directors of the corporation or association. Nothing
| ||
contained in this subsection prohibits 2 or more | ||
corporations authorized by the
Medical Corporation Act, | ||
from forming a partnership or joint venture of such
| ||
corporations, and providing medical, surgical and | ||
scientific research and
knowledge by employees of these | ||
corporations if such employees are licensed
under this Act, | ||
or from pooling, sharing, dividing, or apportioning the | ||
fees
and monies received by the partnership or joint | ||
venture in accordance with the
partnership or joint venture | ||
agreement. Nothing contained in this subsection
shall | ||
abrogate the right of 2 or more persons, holding valid and | ||
current
licenses under this Act, to each receive adequate | ||
compensation for concurrently
rendering professional | ||
services to a patient and divide a fee; provided, the
| ||
patient has full knowledge of the division, and, provided, | ||
that the division is
made in proportion to the services | ||
performed and responsibility assumed by
each.
|
(15) A finding by the Medical Disciplinary Board that | ||
the
registrant after
having his or her license placed on | ||
probationary status or subjected to
conditions or | ||
restrictions violated the terms of the probation or failed | ||
to
comply with such terms or conditions.
| ||
(16) Abandonment of a patient.
| ||
(17) Prescribing, selling, administering, | ||
distributing, giving
or
self-administering any drug | ||
classified as a controlled substance (designated
product) | ||
or narcotic for other than medically accepted therapeutic
| ||
purposes.
| ||
(18) Promotion of the sale of drugs, devices, | ||
appliances or
goods provided
for a patient in such manner | ||
as to exploit the patient for financial gain of
the | ||
physician.
| ||
(19) Offering, undertaking or agreeing to cure or treat
| ||
disease by a secret
method, procedure, treatment or | ||
medicine, or the treating, operating or
prescribing for any | ||
human condition by a method, means or procedure which the
| ||
licensee refuses to divulge upon demand of the Department.
| ||
(20) Immoral conduct in the commission of any act | ||
including,
but not limited to, commission of an act of | ||
sexual misconduct related to the
licensee's
practice.
| ||
(21) Wilfully making or filing false records or reports | ||
in his
or her
practice as a physician, including, but not | ||
limited to, false records to
support claims against the | ||
medical assistance program of the Department of
Public Aid | ||
under the Illinois Public Aid Code.
| ||
(22) Wilful omission to file or record, or wilfully | ||
impeding
the filing or
recording, or inducing another | ||
person to omit to file or record, medical
reports as | ||
required by law, or wilfully failing to report an instance | ||
of
suspected abuse or neglect as required by law.
| ||
(23) Being named as a perpetrator in an indicated | ||
report by
the Department
of Children and Family Services | ||
under the Abused and Neglected Child Reporting
Act, and |
upon proof by clear and convincing evidence that the | ||
licensee has
caused a child to be an abused child or | ||
neglected child as defined in the
Abused and Neglected | ||
Child Reporting Act.
| ||
(24) Solicitation of professional patronage by any
| ||
corporation, agents or
persons, or profiting from those | ||
representing themselves to be agents of the
licensee.
| ||
(25) Gross and wilful and continued overcharging for
| ||
professional services,
including filing false statements | ||
for collection of fees for which services are
not rendered, | ||
including, but not limited to, filing such false statements | ||
for
collection of monies for services not rendered from the | ||
medical assistance
program of the Department of Public Aid | ||
under the Illinois Public Aid
Code.
| ||
(26) A pattern of practice or other behavior which
| ||
demonstrates incapacity
or incompetence to practice under | ||
this Act.
| ||
(27) Mental illness or disability which results in the
| ||
inability to
practice under this Act with reasonable | ||
judgment, skill or safety.
| ||
(28) Physical illness, including, but not limited to,
| ||
deterioration through
the aging process, or loss of motor | ||
skill which results in a physician's
inability to practice | ||
under this Act with reasonable judgment, skill or
safety.
| ||
(29) Cheating on or attempt to subvert the licensing
| ||
examinations
administered under this Act.
| ||
(30) Wilfully or negligently violating the | ||
confidentiality
between
physician and patient except as | ||
required by law.
| ||
(31) The use of any false, fraudulent, or deceptive | ||
statement
in any
document connected with practice under | ||
this Act.
| ||
(32) Aiding and abetting an individual not licensed | ||
under this
Act in the
practice of a profession licensed | ||
under this Act.
| ||
(33) Violating state or federal laws or regulations |
relating
to controlled
substances.
| ||
(34) Failure to report to the Department any adverse | ||
final
action taken
against them by another licensing | ||
jurisdiction (any other state or any
territory of the | ||
United States or any foreign state or country), by any peer
| ||
review body, by any health care institution, by any | ||
professional society or
association related to practice | ||
under this Act, by any governmental agency, by
any law | ||
enforcement agency, or by any court for acts or conduct | ||
similar to acts
or conduct which would constitute grounds | ||
for action as defined in this
Section.
| ||
(35) Failure to report to the Department surrender of a
| ||
license or
authorization to practice as a medical doctor, a | ||
doctor of osteopathy, a
doctor of osteopathic medicine, or | ||
doctor
of chiropractic in another state or jurisdiction, or | ||
surrender of membership on
any medical staff or in any | ||
medical or professional association or society,
while | ||
under disciplinary investigation by any of those | ||
authorities or bodies,
for acts or conduct similar to acts | ||
or conduct which would constitute grounds
for action as | ||
defined in this Section.
| ||
(36) Failure to report to the Department any adverse | ||
judgment,
settlement,
or award arising from a liability | ||
claim related to acts or conduct similar to
acts or conduct | ||
which would constitute grounds for action as defined in | ||
this
Section.
| ||
(37) Failure to transfer copies of medical records as | ||
required
by law.
| ||
(38) Failure to furnish the Department, its | ||
investigators or
representatives, relevant information, | ||
legally requested by the Department
after consultation | ||
with the Chief Medical Coordinator or the Deputy Medical
| ||
Coordinator.
| ||
(39) Violating the Health Care Worker Self-Referral
| ||
Act.
| ||
(40) Willful failure to provide notice when notice is |
required
under the
Parental Notice of Abortion Act of 1995.
| ||
(41) Failure to establish and maintain records of | ||
patient care and
treatment as required by this law.
| ||
(42) Entering into an excessive number of written | ||
collaborative
agreements with licensed advanced practice | ||
nurses resulting in an inability to
adequately collaborate | ||
and provide medical direction.
| ||
(43) Repeated failure to adequately collaborate with | ||
or provide medical
direction to a licensed advanced | ||
practice nurse.
| ||
All proceedings to suspend,
revoke, place on probationary | ||
status, or take any
other disciplinary action as the Department | ||
may deem proper, with regard to a
license on any of the | ||
foregoing grounds, must be commenced within 3 years next
after | ||
receipt by the Department of a complaint alleging the | ||
commission of or
notice of the conviction order for any of the | ||
acts described herein. Except
for the grounds numbered (8), (9) | ||
and (29), no action shall be commenced more
than 5 years after | ||
the date of the incident or act alleged to have violated
this | ||
Section. In the event of the settlement of any claim or cause | ||
of action
in favor of the claimant or the reduction to final | ||
judgment of any civil action
in favor of the plaintiff, such | ||
claim, cause of action or civil action being
grounded on the | ||
allegation that a person licensed under this Act was negligent
| ||
in providing care, the Department shall have an additional | ||
period of one year
from the date of notification to the | ||
Department under Section 23 of this Act
of such settlement or | ||
final judgment in which to investigate and
commence formal | ||
disciplinary proceedings under Section 36 of this Act, except
| ||
as otherwise provided by law. The time during which the holder | ||
of the license
was outside the State of Illinois shall not be | ||
included within any period of
time limiting the commencement of | ||
disciplinary action by the Department.
| ||
The entry of an order or judgment by any circuit court | ||
establishing that any
person holding a license under this Act | ||
is a person in need of mental treatment
operates as a |
suspension of that license. That person may resume their
| ||
practice only upon the entry of a Departmental order based upon | ||
a finding by
the Medical Disciplinary Board that they have been | ||
determined to be recovered
from mental illness by the court and | ||
upon the Disciplinary Board's
recommendation that they be | ||
permitted to resume their practice.
| ||
The Department may refuse to issue or take disciplinary | ||
action concerning the license of any person
who fails to file a | ||
return, or to pay the tax, penalty or interest shown in a
filed | ||
return, or to pay any final assessment of tax, penalty or | ||
interest, as
required by any tax Act administered by the | ||
Illinois Department of Revenue,
until such time as the | ||
requirements of any such tax Act are satisfied as
determined by | ||
the Illinois Department of Revenue.
| ||
The Department, upon the recommendation of the | ||
Disciplinary Board, shall
adopt rules which set forth standards | ||
to be used in determining:
| ||
(a) when a person will be deemed sufficiently | ||
rehabilitated to warrant the
public trust;
| ||
(b) what constitutes dishonorable, unethical or | ||
unprofessional conduct of
a character likely to deceive, | ||
defraud, or harm the public;
| ||
(c) what constitutes immoral conduct in the commission | ||
of any act,
including, but not limited to, commission of an | ||
act of sexual misconduct
related
to the licensee's | ||
practice; and
| ||
(d) what constitutes gross negligence in the practice | ||
of medicine.
| ||
However, no such rule shall be admissible into evidence in | ||
any civil action
except for review of a licensing or other | ||
disciplinary action under this Act.
| ||
In enforcing this Section, the Medical Disciplinary Board,
| ||
upon a showing of a possible violation, may compel any | ||
individual licensed to
practice under this Act, or who has | ||
applied for licensure or a permit
pursuant to this Act, to | ||
submit to a mental or physical examination, or both,
as |
required by and at the expense of the Department. The examining | ||
physician
or physicians shall be those specifically designated | ||
by the Disciplinary Board.
The Medical Disciplinary Board or | ||
the Department may order the examining
physician to present | ||
testimony concerning this mental or physical examination
of the | ||
licensee or applicant. No information shall be excluded by | ||
reason of
any common
law or statutory privilege relating to | ||
communication between the licensee or
applicant and
the | ||
examining physician.
The individual to be examined may have, at | ||
his or her own expense, another
physician of his or her choice | ||
present during all aspects of the examination.
Failure of any | ||
individual to submit to mental or physical examination, when
| ||
directed, shall be grounds for suspension of his or her license | ||
until such time
as the individual submits to the examination if | ||
the Disciplinary Board finds,
after notice and hearing, that | ||
the refusal to submit to the examination was
without reasonable | ||
cause. If the Disciplinary Board finds a physician unable
to | ||
practice because of the reasons set forth in this Section, the | ||
Disciplinary
Board shall require such physician to submit to | ||
care, counseling, or treatment
by physicians approved or | ||
designated by the Disciplinary Board, as a condition
for | ||
continued, reinstated, or renewed licensure to practice. Any | ||
physician,
whose license was granted pursuant to Sections 9, | ||
17, or 19 of this Act, or,
continued, reinstated, renewed, | ||
disciplined or supervised, subject to such
terms, conditions or | ||
restrictions who shall fail to comply with such terms,
| ||
conditions or restrictions, or to complete a required program | ||
of care,
counseling, or treatment, as determined by the Chief | ||
Medical Coordinator or
Deputy Medical Coordinators, shall be | ||
referred to the Director for a
determination as to whether the | ||
licensee shall have their license suspended
immediately, | ||
pending a hearing by the Disciplinary Board. In instances in
| ||
which the Director immediately suspends a license under this | ||
Section, a hearing
upon such person's license must be convened | ||
by the Disciplinary Board within 15
days after such suspension | ||
and completed without appreciable delay. The
Disciplinary |
Board shall have the authority to review the subject | ||
physician's
record of treatment and counseling regarding the | ||
impairment, to the extent
permitted by applicable federal | ||
statutes and regulations safeguarding the
confidentiality of | ||
medical records.
| ||
An individual licensed under this Act, affected under this | ||
Section, shall be
afforded an opportunity to demonstrate to the | ||
Disciplinary Board that they can
resume practice in compliance | ||
with acceptable and prevailing standards under
the provisions | ||
of their license.
| ||
The Department may promulgate rules for the imposition of | ||
fines in
disciplinary cases, not to exceed $5,000 for each | ||
violation of this Act. Fines
may be imposed in conjunction with | ||
other forms of disciplinary action, but
shall not be the | ||
exclusive disposition of any disciplinary action arising out
of | ||
conduct resulting in death or injury to a patient. Any funds | ||
collected from
such fines shall be deposited in the Medical | ||
Disciplinary Fund.
| ||
(B) The Department shall revoke the license or visiting
| ||
permit of any person issued under this Act to practice medicine | ||
or to treat
human ailments without the use of drugs and without | ||
operative surgery, who
has been convicted a second time of | ||
committing any felony under the
Illinois Controlled Substances | ||
Act or the Methamphetamine Control and Community Protection | ||
Act , or who has been convicted a second time of
committing a | ||
Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois | ||
Public
Aid Code. A person whose license or visiting permit is | ||
revoked
under
this subsection B of Section 22 of this Act shall | ||
be prohibited from practicing
medicine or treating human | ||
ailments without the use of drugs and without
operative | ||
surgery.
| ||
(C) The Medical Disciplinary Board shall recommend to the
| ||
Department civil
penalties and any other appropriate | ||
discipline in disciplinary cases when the
Board finds that a | ||
physician willfully performed an abortion with actual
| ||
knowledge that the person upon whom the abortion has been |
performed is a minor
or an incompetent person without notice as | ||
required under the Parental Notice
of Abortion Act of 1995. | ||
Upon the Board's recommendation, the Department shall
impose, | ||
for the first violation, a civil penalty of $1,000 and for a | ||
second or
subsequent violation, a civil penalty of $5,000.
| ||
(Source: P.A. 89-18, eff. 6-1-95; 89-201, eff. 1-1-96; 89-626, | ||
eff.
8-9-96; 89-702, eff. 7-1-97; 90-742, eff. 8-13-98.)
| ||
Section 980. The Naprapathic Practice Act is amended by | ||
changing Section 123 as follows:
| ||
(225 ILCS 63/123)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 123. Violation; penalty. Whoever knowingly practices | ||
or offers to
practice naprapathy in this State without being | ||
licensed for that purpose shall
be guilty of a Class A | ||
misdemeanor and for each subsequent conviction shall be
guilty | ||
of a Class 4 felony. Notwithstanding any other provision of | ||
this Act,
all criminal fines, moneys, or other property | ||
collected or received by the
Department under this Section or | ||
any other State or federal statute, including,
but not limited | ||
to, property forfeited to the Department under Section 505 of
| ||
the Illinois Controlled Substances Act or Section 85 of the | ||
Methamphetamine Control and Community Protection Act , shall be | ||
deposited into the
Professional Regulation Evidence Fund.
| ||
(Source: P.A. 89-61, eff. 6-30-95.)
| ||
Section 985. The Nursing and Advanced Practice Nursing Act | ||
is amended by changing Section 20-75 as follows:
| ||
(225 ILCS 65/20-75)
| ||
(Section scheduled to be repealed on January 1, 2008)
| ||
Sec. 20-75. Injunctive remedies.
| ||
(a) If any person violates the provision of this Act,
the
| ||
Director may, in the name of the People of the State of | ||
Illinois, through
the Attorney General of the State of |
Illinois, or the State's Attorney of
any county in which the | ||
action is brought, petition for an order enjoining
such | ||
violation or for an order enforcing compliance with this Act. | ||
Upon
the filing of a verified petition in court, the court may | ||
issue a temporary
restraining order, without notice or bond, | ||
and may preliminarily and
permanently enjoin such violation, | ||
and if it is established that such
person has violated or is | ||
violating the injunction, the court may punish
the offender for | ||
contempt of court. Proceedings under this Section shall
be in | ||
addition to, and not in lieu of, all other remedies and | ||
penalties
provided by this Act.
| ||
(b) If any person shall practice as a nurse or hold herself | ||
or himself
out as a nurse without being licensed under the | ||
provisions of this Act,
then any licensed nurse, any interested | ||
party, or any person injured
thereby may, in addition to the | ||
Director, petition for relief as provided
in subsection (a) of | ||
this Section.
| ||
Whoever knowingly practices or offers to practice nursing | ||
in this State
without a license for that purpose shall be | ||
guilty of a Class A misdemeanor
and for each subsequent | ||
conviction, shall be guilty of a Class 4 felony.
All criminal | ||
fines, monies, or other property collected or received by
the | ||
Department under this Section or any other State or federal | ||
statute,
including, but not limited to, property forfeited to | ||
the Department under
Section 505 of the Illinois Controlled | ||
Substances Act or Section 85 of the Methamphetamine Control and | ||
Community Protection Act , shall be deposited
into the | ||
Professional Regulation Evidence Fund.
| ||
(c) Whenever in the opinion of the Department any person | ||
violates any
provision of this Act, the Department may issue a | ||
rule to show cause why an
order to cease and desist should not | ||
be entered against him. The rule
shall clearly set forth the | ||
grounds relied upon by the Department and shall
provide a | ||
period of 7 days from the date of the rule to file an answer to
| ||
the satisfaction of the Department. Failure to answer to the | ||
satisfaction
of the Department shall cause an order to cease |
and desist to be issued
forthwith.
| ||
(Source: P.A. 90-742, eff. 8-13-98.)
| ||
Section 990. The Illinois Optometric Practice Act of 1987 | ||
is amended by changing Section 26.1 as follows:
| ||
(225 ILCS 80/26.1) (from Ch. 111, par. 3926.1)
| ||
(Section scheduled to be repealed on January 1, 2007)
| ||
Sec. 26.1. Injunctions; criminal offenses; cease and | ||
desist orders.
| ||
(a) If any person violates the provision of this Act, the
| ||
Director may, in the name of the People of the State of | ||
Illinois, through
the Attorney General of the State of | ||
Illinois, or the State's Attorney of
any county in which the | ||
action is brought, petition for an order enjoining
such | ||
violation or for an order enforcing compliance with this Act. | ||
Upon
the filing of a verified petition in court, the court may | ||
issue a temporary
restraining order, without notice or bond, | ||
and may preliminarily and
permanently enjoin such violation, | ||
and if it is established that such
person has violated or is | ||
violating the injunction, the Court may punish
the offender for | ||
contempt of court. Proceedings under this Section shall
be in | ||
addition to, and not in lieu of, all other remedies and | ||
penalties
provided by this Act.
| ||
(b) If any person shall practice as an optometrist or hold | ||
himself or
herself out as
an optometrist without being licensed | ||
under the provisions of this Act
then any licensed optometrist, | ||
any interested party or any person injured
thereby may, in | ||
addition to the Director, petition for relief as provided
in | ||
subsection (a) of this Section.
| ||
Whoever knowingly practices or offers to practice | ||
optometry in this State
without being licensed for that purpose | ||
shall be guilty of a Class A
misdemeanor and for each | ||
subsequent conviction, shall be guilty of a Class
4 felony. | ||
Notwithstanding any other provision of this Act, all
criminal | ||
fines, monies, or other property collected or received by
the |
Department under this Section or any other State or federal | ||
statute,
including, but not limited to, property forfeited to | ||
the Department under
Section 505 of the Illinois Controlled | ||
Substances Act or Section 85 of the Methamphetamine Control and | ||
Community Protection Act , shall be deposited
into the | ||
Professional Regulation Evidence Fund.
| ||
(c) Whenever in the opinion of the Department any person | ||
violates any
provision of this Act, the Department may issue a | ||
rule to show cause why an
order to cease and desist should not | ||
be entered against him. The rule shall
clearly set forth the | ||
grounds relied upon by the Department and shall
provide a | ||
period of 7 days from the date of the rule to file an answer to
| ||
the satisfaction of the Department. Failure to answer to the | ||
satisfaction
of the Department shall cause an order to cease | ||
and desist to be issued
forthwith.
| ||
(Source: P.A. 89-702, eff. 7-1-97.)
| ||
Section 995. The Podiatric Medical Practice Act of 1987 is | ||
amended by changing Section 41 as follows:
| ||
(225 ILCS 100/41) (from Ch. 111, par. 4841)
| ||
(Section scheduled to be repealed on January 1, 2008)
| ||
Sec. 41. Violations. Any person who is found to have | ||
violated any
provisions of this Act is guilty of a Class A | ||
misdemeanor.
All criminal fines, monies, or other property | ||
collected or received by
the Department under this Section or | ||
any other State or federal statute,
including, but not limited | ||
to, property forfeited to the Department under
Section 505 of | ||
The Illinois Controlled Substances Act or Section 85 of the | ||
Methamphetamine Control and Community Protection Act , shall be | ||
deposited
into the Professional Regulation Evidence Fund.
| ||
The Board, with the advice of the Director and attorneys | ||
for the
Department, may establish by rule a schedule of fines | ||
payable by those who
have violated any provisions of this Act.
| ||
Fines assessed and collected for violations of this Act | ||
shall be
deposited in the Illinois State Podiatric Medical |
Disciplinary Fund.
| ||
(Source: P.A. 86-685.)
| ||
Section 1000. The Veterinary Medicine and Surgery Practice | ||
Act of 2004 is amended by changing Section 25.16 as follows:
| ||
(225 ILCS 115/25.16) (from Ch. 111, par. 7025.16)
| ||
(Section scheduled to be repealed on January 1, 2014)
| ||
Sec. 25.16. Any person who is found to have violated any | ||
provision of this
Act is guilty of a Class A misdemeanor. On | ||
conviction of a second or
subsequent offense, the violator | ||
shall be guilty of a Class 4 felony.
All criminal fines, | ||
monies, or other property collected or received by
the | ||
Department under this Section or any other State or federal | ||
statute,
including, but not limited to, property forfeited to | ||
the Department under
Section 505 of The Illinois Controlled | ||
Substances Act or Section 85 of the Methamphetamine Control and | ||
Community Protection Act , shall be deposited
into the | ||
Professional Regulation Evidence Fund.
| ||
(Source: P.A. 86-685 .)
| ||
Section 1005. The Wholesale Drug Distribution Licensing | ||
Act is amended by changing Sections 55 and 170 as follows:
| ||
(225 ILCS 120/55) (from Ch. 111, par. 8301-55)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 55. Discipline; grounds.
| ||
(a) The Department may refuse to issue, restore, or renew, | ||
or may revoke,
suspend, place on probation, reprimand or take | ||
other disciplinary action as
the Department may deem proper for | ||
any of the following reasons:
| ||
(1) Violation of this Act or its rules.
| ||
(2) Aiding or assisting another person in violating any | ||
provision of
this Act or its rules.
| ||
(3) Failing, within 60 days, to respond to a written | ||
requirement made by
the Department for information.
|
(4) Engaging in dishonorable, unethical, or | ||
unprofessional conduct of a
character likely to deceive, | ||
defraud, or harm the public. This includes
violations of | ||
"good faith" as defined by the Illinois Controlled | ||
Substances
Act and applies to all prescription drugs.
| ||
(5) Discipline by another U.S. jurisdiction or foreign | ||
nation, if at
least one of the grounds for the discipline | ||
is the same or substantially
equivalent to those set forth | ||
in this Act.
| ||
(6) Selling or engaging in the sale of drug samples | ||
provided at no cost
by drug manufacturers.
| ||
(7) Conviction of the applicant or licensee, or any | ||
officer, director,
manager or shareholder who owns more | ||
than 5% of stock, in State or federal
court of any crime | ||
that is a felony.
| ||
(8) Habitual or excessive use or addiction to alcohol, | ||
narcotics,
stimulants, or any other chemical agent or drug | ||
that results in the
inability to function with reasonable | ||
judgment, skill, or safety.
| ||
(b) The Department may refuse to issue, restore, or renew, | ||
or may
revoke, suspend, place on probation, reprimand or take | ||
other disciplinary
action as the Department may deem property | ||
including fines not to exceed
$1000 for any of the following | ||
reasons:
| ||
(1) Material misstatement in furnishing information to | ||
the Department.
| ||
(2) Making any misrepresentation for the purpose of | ||
obtaining a license.
| ||
(3) A finding by the Department that the licensee, | ||
after having his
or her license placed on probationary | ||
status, has violated the terms of
probation.
| ||
(4) A finding that licensure or registration has been | ||
applied for or
obtained by fraudulent means.
| ||
(5) Willfully making or filing false records or | ||
reports.
| ||
(6) A finding of a substantial discrepancy in a |
Department audit
of a prescription drug, including a | ||
controlled substance as that term is
defined in this Act or | ||
in the Illinois Controlled Substances Act.
| ||
(c) The Department may refuse to issue or may suspend the | ||
license or
registration of any person who fails to file a | ||
return, or to pay the tax,
penalty or interest shown in a filed | ||
return, or to pay any final assessment
of tax, penalty or | ||
interest, as required by any tax Act administered by the
| ||
Illinois Department of Revenue, until the time the requirements | ||
of
the tax Act are satisfied.
| ||
(d) The Department shall revoke the license or certificate | ||
of
registration issued under this Act or any prior Act of
this | ||
State of any person who has been convicted a second time of | ||
committing
any felony under the Illinois Controlled Substances | ||
Act or the Methamphetamine Control and Community Protection Act
| ||
or who
has been convicted a second time of committing a Class 1 | ||
felony under
Sections 8A-3 and 8A-6 of the Illinois Public Aid | ||
Code. A
person whose license or certificate of registration | ||
issued under
this Act or any prior Act of this State is revoked | ||
under this
subsection (c) shall be prohibited from engaging in | ||
the practice of
pharmacy in this State.
| ||
(Source: P.A. 87-594.)
| ||
(225 ILCS 120/170) (from Ch. 111, par. 8301-170)
| ||
(Section scheduled to be repealed on January 1, 2013)
| ||
Sec. 170. Penalties. Any person who is found to have | ||
violated
any provision of this Act is guilty of a Class A | ||
misdemeanor. On
conviction of a second or subsequent offense, | ||
the violator shall
be guilty of a Class 4 felony. All criminal | ||
fines, monies, or
property collected or received by the | ||
Department under this Section
or any other State or federal | ||
statute, including, but not limited
to, property forfeited to | ||
the Department under Section 505 of the
Illinois Controlled | ||
Substances Act or Section 85 of the Methamphetamine Control and | ||
Community Protection Act , shall be deposited into the
| ||
Professional Regulation Evidence Fund.
|
(Source: P.A. 87-594.)
| ||
Section 1010. The Illinois Public Aid Code is amended by | ||
changing Section 1-10 as follows:
| ||
(305 ILCS 5/1-10)
| ||
Sec. 1-10. Drug convictions.
| ||
(a) Persons convicted of an offense under the Illinois | ||
Controlled Substances
Act ,
or the Cannabis Control Act , or the | ||
Methamphetamine Control and Community Protection Act which is a | ||
Class X felony, or a Class 1 felony,
or comparable federal | ||
criminal law which has as an element the
possession, use, or | ||
distribution of a controlled substance, as defined in
Section | ||
102(6) of the federal Controlled Substances Act (21 U.S.C. | ||
802(c)),
shall not be eligible for cash assistance provided | ||
under this Code.
| ||
(b) Persons convicted of
any other felony under the | ||
Illinois Controlled Substances Act ,
or the Cannabis
Control | ||
Act , or the Methamphetamine Control and Community Protection | ||
Act which is not a Class X or Class 1 felony, or comparable
| ||
federal criminal law which has as an element the possession, | ||
use, or
distribution of a
controlled substance, as defined in | ||
Section 102(6) of the federal Controlled
Substances Act (21 | ||
U.S.C. 802(c)), shall not be eligible for cash assistance
| ||
provided under this Code for 2 years from the date of | ||
conviction. This
prohibition shall not apply if the person is | ||
in a drug treatment program,
aftercare program, or similar | ||
program as defined by rule.
| ||
(c) Persons shall not be determined ineligible for food | ||
stamps provided
under this Code based upon a conviction of any | ||
felony or comparable federal or
State criminal law which has an | ||
element the possession, use or distribution of
a controlled | ||
substance, as defined in Section 102(6) of the federal | ||
Controlled
Substance
Act (21 U.S.C. 802(c)).
| ||
(Source: P.A. 90-17, eff. 7-1-97.)
|
Section 1015. The Housing Authorities Act is amended by | ||
changing Section 8.1a as follows:
| ||
(310 ILCS 10/8.1a) (from Ch. 67 1/2, par. 8.1a)
| ||
Sec. 8.1a. Police powers.
| ||
(a) A Housing Authority in any municipality having over | ||
500,000
inhabitants has power to police its property and to | ||
exercise police powers
for the protection of the persons and | ||
property of its residents, employees
and visitors, for the | ||
enforcement of any rule or regulation adopted by the
Authority, | ||
and in furtherance of the purposes for which such Authority was
| ||
organized.
In particular, and subject to amounts appropriated
| ||
for that purpose, the Housing Authority in exercising its | ||
police powers shall
strive to eliminate or reduce the
following | ||
activities within the property or facilities
of the Authority: | ||
streetgang-related activities (as defined in the Illinois
| ||
Streetgang Terrorism Omnibus Prevention Act), illegal | ||
activities involving
controlled substances (as defined in the | ||
Illinois Controlled Substances Act),
illegal activities | ||
involving cannabis (as defined in the Cannabis Control Act), | ||
illegal activities involving methamphetamine (as defined in | ||
the Methamphetamine Control and Community Protection Act),
and
| ||
illegal activities involving firearms.
Such Authority has | ||
power to establish, appoint and support a
police force for such | ||
purposes.
| ||
(b) A Housing Authority in a municipality having 500,000 or | ||
fewer
inhabitants may establish, appoint, and support a police | ||
force to police the
Authority's property, to protect the | ||
persons and property of the Authority's
residents, employees, | ||
and visitors, to enforce the Authority's adopted rules
and | ||
regulations, and to otherwise further the purposes for which | ||
the Authority
was organized. A police force may be established | ||
under this subsection only
with the approval of the mayor or | ||
president of the municipality and only if, in
the opinion of | ||
the Authority and the mayor or president, the severity of
| ||
streetgang-related activities (as defined in the Illinois |
Streetgang Terrorism
Omnibus Prevention Act), illegal | ||
activities involving controlled substances (as
defined in the | ||
Illinois Controlled Substances Act), illegal activities
| ||
involving cannabis (as defined in the Cannabis Control Act), | ||
illegal activities involving methamphetamine (as defined in | ||
the Methamphetamine Control and Community Protection Act), or | ||
illegal
activities
involving firearms makes the establishment | ||
of a police force desirable.
| ||
(c) Members of a Housing Authority police force shall be
| ||
conservators of the peace and shall have all powers possessed | ||
by the police
of cities, and sheriffs, including the power to | ||
make arrests for violations
of federal and state statutes, city | ||
and county ordinances, and rules and
regulations of the | ||
Authority and governing federal agencies; provided, that
they | ||
may exercise such powers only within the
property or facilities | ||
of such Authority, and only (i) when such
exercise is | ||
appropriate for the protection of Authority properties and
| ||
interests, or its residents, employees and visitors, or (ii)
| ||
otherwise,
within the municipality in which the Authority | ||
operates, when specifically
requested by appropriate
federal, | ||
state and local law enforcement officials.
Unless expressly | ||
limited by the Authority, when outside the property or
| ||
facilities of the Authority, the members of the police force | ||
shall have the
same powers as those conferred on the police of | ||
organized cities and
villages when acting outside of the | ||
territorial limits of their city or
village. "Property or | ||
facilities of the Authority" means property owned or
leased by | ||
the Authority and property over which the Authority has | ||
easement
rights.
The Authority shall
establish minimum | ||
standards for selection and training of members of such
police | ||
force, provided that the members of such police force
shall be
| ||
certified and trained under the provisions of the Illinois | ||
Police Training
Act, as now or hereafter amended. The members | ||
of such police
force may serve and execute civil process. The | ||
establishment
of such a police force shall not affect the power | ||
of the Authority to use
or employ other security personnel as |
permitted by law. Neither the
Authority, the members of its | ||
Board nor its officers or employees shall be
held liable for | ||
failure to provide a security or police force or, if a
security | ||
or police force is provided, for failure to provide adequate
| ||
police protection or security, failure to prevent the | ||
commission of crimes
or failure to apprehend criminals.
| ||
(Source: P.A. 89-351, eff. 1-1-96.)
| ||
Section 1020. The Abandoned Housing Rehabilitation Act is | ||
amended by changing Section 2 as follows:
| ||
(310 ILCS 50/2) (from Ch. 67 1/2, par. 852)
| ||
Sec. 2. Definitions. As used in this Act:
| ||
(a) "Property" means any residential real estate which has | ||
been continuously unoccupied by
persons legally in possession | ||
for the preceding 1 year.
| ||
(b) "Nuisance" means any property which because of its | ||
physical
condition or use is a public nuisance, or any property
| ||
which constitutes a blight on the surrounding area, or any | ||
property which
is not fit for human habitation under the | ||
applicable fire, building and
housing codes.
"Nuisance" also | ||
means any property on which any illegal activity involving
| ||
controlled substances (as defined in the Illinois Controlled | ||
Substances Act) , methamphetamine (as defined in the | ||
Methamphetamine Control and Community Protection Act), or
| ||
cannabis (as defined in the Cannabis Control Act) takes place | ||
or any property
on which any streetgang-related activity (as | ||
defined in the Illinois Streetgang
Terrorism Omnibus | ||
Prevention Act) takes place.
| ||
(c) "Organization" means any Illinois corporation, agency, | ||
partnership,
association, firm or other entity consisting of 2 | ||
or more persons organized
and conducted on a not-for-profit | ||
basis with no personal profit inuring to
anyone as a result of | ||
its operation which
has among its purposes the improvement of | ||
housing.
| ||
(d) "Parties in interest" means any owner or owners of |
record, judgment
creditor,
tax purchaser or other party having | ||
any legal or equitable title or
interest in the property.
| ||
(e) "Last known address" includes
the address where the | ||
property
is located, or the address as listed in the tax | ||
records or as listed
pursuant to any owner's registration
| ||
ordinance duly adopted by a home rule unit of government.
| ||
(f) "Low or moderate income housing" means housing for | ||
persons and families
with low or moderate incomes, provided | ||
that the income limits for such
persons and families shall be | ||
the same as those established by rule by the
Illinois Housing | ||
Development Authority in accordance with
subsection (g) of | ||
Section 2 of the Illinois Housing Development Act, as
amended.
| ||
(g) "Rehabilitation" means the process of improving the | ||
property,
including but not limited to bringing property into | ||
compliance with
applicable fire, housing and building codes.
| ||
(Source: P.A. 91-357, eff. 7-29-99; 91-807, eff. 1-1-01.)
| ||
Section 1025. The Abused and Neglected Child Reporting Act | ||
is amended by changing Section 3 as follows:
| ||
(325 ILCS 5/3) (from Ch. 23, par. 2053)
| ||
Sec. 3. As used in this Act unless the context otherwise | ||
requires:
| ||
"Child" means any person under the age of 18 years, unless | ||
legally
emancipated by reason of marriage or entry into a | ||
branch of the United
States armed services.
| ||
"Department" means Department of Children and Family | ||
Services.
| ||
"Local law enforcement agency" means the police of a city, | ||
town,
village or other incorporated area or the sheriff of an | ||
unincorporated
area or any sworn officer of the Illinois | ||
Department of State Police.
| ||
"Abused child"
means a child whose parent or immediate | ||
family
member,
or any person responsible for the child's | ||
welfare, or any individual
residing in the same home as the | ||
child, or a paramour of the child's parent:
|
(a) inflicts, causes to be inflicted, or allows to be
| ||
inflicted upon
such child physical injury, by other than | ||
accidental means, which causes
death, disfigurement, | ||
impairment of physical or
emotional health, or loss or | ||
impairment of any bodily function;
| ||
(b) creates a substantial risk of physical injury to | ||
such
child by
other than accidental means which would be | ||
likely to cause death,
disfigurement, impairment of | ||
physical or emotional health, or loss or
impairment of any | ||
bodily function;
| ||
(c) commits or allows to be committed any sex offense | ||
against
such child,
as such sex offenses are defined in the | ||
Criminal Code of 1961, as amended,
and extending those | ||
definitions of sex offenses to include children under
18 | ||
years of age;
| ||
(d) commits or allows to be committed an act or acts of
| ||
torture upon
such child;
| ||
(e) inflicts excessive corporal punishment;
| ||
(f) commits or allows to be committed
the offense of
| ||
female
genital mutilation, as defined in Section 12-34 of | ||
the Criminal Code of
1961, against the child; or
| ||
(g) causes to be sold, transferred, distributed, or | ||
given to
such child
under 18 years of age, a controlled | ||
substance as defined in Section 102 of the
Illinois | ||
Controlled Substances Act in violation of Article IV of the | ||
Illinois
Controlled Substances Act or in violation of the | ||
Methamphetamine Control and Community Protection Act , | ||
except for controlled substances that are prescribed
in | ||
accordance with Article III of the Illinois Controlled | ||
Substances Act and
are dispensed to such child in a manner | ||
that substantially complies with the
prescription.
| ||
A child shall not be considered abused for the sole reason | ||
that the child
has been relinquished in accordance with the | ||
Abandoned Newborn Infant
Protection Act.
| ||
"Neglected child" means any child who is not receiving the | ||
proper or
necessary nourishment or medically indicated |
treatment including food or care
not provided solely on the | ||
basis of the present or anticipated mental or
physical | ||
impairment as determined by a physician acting alone or in
| ||
consultation with other physicians or otherwise is not | ||
receiving the proper or
necessary support or medical or other | ||
remedial care recognized under State law
as necessary for a | ||
child's well-being, or other care necessary for his or her
| ||
well-being, including adequate food, clothing and shelter; or | ||
who is abandoned
by his or her parents or other person | ||
responsible for the child's welfare
without a proper plan of | ||
care; or who is a newborn infant whose blood, urine,
or | ||
meconium
contains any amount of a controlled substance as | ||
defined in subsection (f) of
Section 102 of the Illinois | ||
Controlled Substances Act or a metabolite thereof,
with the | ||
exception of a controlled substance or metabolite thereof whose
| ||
presence in the newborn infant is the result of medical | ||
treatment administered
to the mother or the newborn infant. A | ||
child shall not be considered neglected
for the sole reason | ||
that the child's parent or other person responsible for his
or | ||
her welfare has left the child in the care of an adult relative | ||
for any
period of time. A child shall not be considered | ||
neglected for the sole reason
that the child has been | ||
relinquished in accordance with the Abandoned Newborn
Infant | ||
Protection Act. A child shall not be considered neglected or | ||
abused
for the
sole reason that such child's parent or other | ||
person responsible for his or her
welfare depends upon | ||
spiritual means through prayer alone for the treatment or
cure | ||
of disease or remedial care as provided under Section 4 of this | ||
Act. A
child shall not be considered neglected or abused solely | ||
because the child is
not attending school in accordance with | ||
the requirements of Article 26 of The
School Code, as amended.
| ||
"Child Protective Service Unit" means certain specialized | ||
State employees of
the Department assigned by the Director to | ||
perform the duties and
responsibilities as provided under | ||
Section 7.2 of this Act.
| ||
"Person responsible for the child's welfare" means the |
child's parent;
guardian; foster parent; relative caregiver; | ||
any person responsible for the
child's welfare in a public or | ||
private residential agency or institution; any
person | ||
responsible for the child's welfare within a public or private | ||
profit or
not for profit child care facility; or any other | ||
person responsible for the
child's welfare at the time of the | ||
alleged abuse or neglect, or any person who
came to know the | ||
child through an official capacity or position of trust,
| ||
including but not limited to health care professionals, | ||
educational personnel,
recreational supervisors, members of | ||
the clergy, and volunteers or
support personnel in any setting
| ||
where children may be subject to abuse or neglect.
| ||
"Temporary protective custody" means custody within a | ||
hospital or
other medical facility or a place previously | ||
designated for such custody
by the Department, subject to | ||
review by the Court, including a licensed
foster home, group | ||
home, or other institution; but such place shall not
be a jail | ||
or other place for the detention of criminal or juvenile | ||
offenders.
| ||
"An unfounded report" means any report made under this Act | ||
for which
it is determined after an investigation that no | ||
credible evidence of
abuse or neglect exists.
| ||
"An indicated report" means a report made under this Act if | ||
an
investigation determines that credible evidence of the | ||
alleged
abuse or neglect exists.
| ||
"An undetermined report" means any report made under this | ||
Act in
which it was not possible to initiate or complete an | ||
investigation on
the basis of information provided to the | ||
Department.
| ||
"Subject of report" means any child reported to the central | ||
register
of child abuse and neglect established under Section | ||
7.7 of this Act and
his or her parent, guardian or other person | ||
responsible
who is also named in the report.
| ||
"Perpetrator" means a person who, as a result of | ||
investigation, has
been determined by the Department to have | ||
caused child abuse or neglect.
|
"Member of the clergy" means a clergyman or practitioner of | ||
any religious
denomination accredited by the religious body to | ||
which he or she belongs.
| ||
(Source: P.A. 91-802, eff. 1-1-01; 92-408, eff. 8-17-01; | ||
92-432, eff.
8-17-01; 92-801, eff. 8-16-02 .)
| ||
Section 1030. The Illinois Food, Drug and Cosmetic Act is | ||
amended by changing Section 24 as follows:
| ||
(410 ILCS 620/24) (from Ch. 56 1/2, par. 524)
| ||
Sec. 24.
| ||
Nothing in this Act shall be construed to limit or repeal | ||
any provisions
of the Illinois Controlled Substances Act or the | ||
Methamphetamine Control and Community Protection Act .
| ||
(Source: P.A. 77-765.)
| ||
Section 1035. The Firearm Owners Identification Card Act is | ||
amended by changing Section 10 as follows:
| ||
(430 ILCS 65/10) (from Ch. 38, par. 83-10)
| ||
Sec. 10. (a) Whenever an application for a Firearm Owner's | ||
Identification
Card is denied, whenever the Department fails to | ||
act on an application
within 30 days of its receipt, or | ||
whenever such a Card is revoked or seized
as provided for in | ||
Section 8 of this Act, the aggrieved party may
appeal
to the | ||
Director of the Department of State Police for a hearing upon
| ||
such denial, revocation or seizure, unless the denial, | ||
revocation, or seizure
was based upon a forcible felony, | ||
stalking, aggravated stalking, domestic
battery, any violation | ||
of either the Illinois Controlled Substances Act , the | ||
Methamphetamine Control and Community Protection Act, or the
| ||
Cannabis Control Act that is classified as a Class 2 or greater | ||
felony,
any
felony violation of Article 24 of the Criminal Code | ||
of 1961, or any
adjudication as a delinquent minor for the | ||
commission of an
offense that if committed by an adult would be | ||
a felony, in which case the
aggrieved party may petition the |
circuit court in writing in the county of
his or her residence | ||
for a hearing upon such denial, revocation, or seizure.
| ||
(b) At least 30 days before any hearing in the circuit | ||
court, the
petitioner shall serve the
relevant State's Attorney | ||
with a copy of the petition. The State's Attorney
may object to | ||
the petition and present evidence. At the hearing the court
| ||
shall
determine whether substantial justice has been done. | ||
Should the court
determine that substantial justice has not | ||
been done, the court shall issue an
order directing the | ||
Department of State Police to issue a Card.
| ||
(c) Any person prohibited from possessing a firearm under | ||
Sections 24-1.1
or 24-3.1 of the Criminal Code of 1961 or | ||
acquiring a Firearm Owner's
Identification Card under Section 8 | ||
of this Act may apply to
the Director
of the Department of | ||
State Police
or petition the circuit court in the county where | ||
the petitioner resides,
whichever is applicable in accordance | ||
with subsection (a) of this Section,
requesting relief
from | ||
such prohibition and the Director or court may grant such | ||
relief if it
is
established by the applicant to the court's or | ||
Director's satisfaction
that:
| ||
(0.05) when in the circuit court, the State's Attorney | ||
has been served
with a written
copy of the
petition at | ||
least 30 days before any such hearing in the circuit court | ||
and at
the hearing the
State's Attorney was afforded an | ||
opportunity to present evidence and object to
the petition;
| ||
(1) the applicant has not been convicted of a forcible | ||
felony under the
laws of this State or any other | ||
jurisdiction within 20 years of the
applicant's | ||
application for a Firearm Owner's Identification Card, or | ||
at
least 20 years have passed since the end of any period | ||
of imprisonment
imposed in relation to that conviction;
| ||
(2) the circumstances regarding a criminal conviction, | ||
where applicable,
the applicant's criminal history and his | ||
reputation are such that the applicant
will not be likely | ||
to act in a manner dangerous to public safety; and
| ||
(3) granting relief would not be contrary to the public |
interest.
| ||
(d) When a minor is adjudicated delinquent for an offense | ||
which if
committed by an adult would be a felony, the court | ||
shall notify the Department
of State Police.
| ||
(e) The court shall review the denial of an application or | ||
the revocation of
a Firearm Owner's Identification Card of a | ||
person who has been adjudicated
delinquent for an offense that | ||
if
committed by an adult would be a felony if an
application | ||
for relief has been filed at least 10 years after the | ||
adjudication
of delinquency and the court determines that the | ||
applicant should be
granted relief from disability to obtain a | ||
Firearm Owner's Identification Card.
If the court grants | ||
relief, the court shall notify the Department of State
Police | ||
that the disability has
been removed and that the applicant is | ||
eligible to obtain a Firearm Owner's
Identification Card.
| ||
(Source: P.A. 92-442, eff. 8-17-01; 93-367, eff. 1-1-04.)
| ||
Section 1040. The Illinois Vehicle Code is amended by | ||
changing Sections 2-115, 6-103, 6-106.1, 6-107, 6-108, 6-201, | ||
6-206, and 6-508 as follows:
| ||
(625 ILCS 5/2-115) (from Ch. 95 1/2, par. 2-115)
| ||
Sec. 2-115. Investigators.
| ||
(a) The Secretary of State, for the purpose
of
more | ||
effectively carrying out the provisions of the laws in relation | ||
to
motor vehicles, shall have power to appoint such number of | ||
investigators as
he may deem necessary. It shall be the duty of | ||
such investigators to
investigate and enforce violations of the | ||
provisions of this
Act administered by the Secretary of State | ||
and provisions of Chapters 11,
12, 13, 14 and 15 and to | ||
investigate and report any violation by any person
who operates | ||
as a motor carrier of property as defined in Section 18-100 of
| ||
this Act and does not hold a valid certificate or permit. Such | ||
investigators
shall have and may exercise throughout the State | ||
all of the powers of
peace officers.
| ||
No person may be retained in service as an investigator |
under this
Section after he has reached 60 years of age.
| ||
The Secretary of State must authorize to each investigator | ||
employed under
this
Section and to any other employee of the | ||
Office of the Secretary of State
exercising the
powers of a | ||
peace officer a distinct badge that, on its face, (i) clearly
| ||
states that the
badge is authorized by
the Office of the | ||
Secretary of State and (ii) contains a unique identifying
| ||
number.
No other badge shall be authorized by
the Office of the | ||
Secretary of State.
| ||
(b) The Secretary may expend such sums as he deems | ||
necessary from
Contractual
Services appropriations for the | ||
Department of Police
for the purchase of evidence, for the | ||
employment of persons to obtain
evidence, and for the payment | ||
for any goods or services related to
obtaining evidence. Such | ||
sums shall be advanced to investigators authorized by
the
| ||
Secretary to expend funds, on vouchers signed by the Secretary. | ||
In
addition, the Secretary of State is authorized to maintain | ||
one or more
commercial checking accounts with any State banking | ||
corporation or
corporations organized under or subject to the | ||
Illinois Banking Act for the
deposit and withdrawal of moneys | ||
to be used solely for the purchase of
evidence and for the | ||
employment of persons to obtain evidence, or for the
payment | ||
for any goods or services related to obtaining evidence; | ||
provided
that no check may be written on nor any withdrawal | ||
made from any such
account except on the written signatures of | ||
2 persons designated by the
Secretary to write such checks and | ||
make such withdrawals, and provided
further that the balance of | ||
moneys on deposit in any such account shall not
exceed $5,000 | ||
at any time, nor shall any one check written on or single
| ||
withdrawal made from any such account exceed $5,000.
| ||
All fines or moneys collected or received by the Department | ||
of Police under
any State or federal forfeiture statute; | ||
including, but not limited to moneys
forfeited under Section 12 | ||
of the Cannabis Control Act , moneys forfeited under Section 85 | ||
of the Methamphetamine Control and Community Protection Act,
| ||
and moneys distributed
under Section 413 of the Illinois |
Controlled Substances Act, shall be deposited
into the | ||
Secretary of State Evidence Fund.
| ||
In all convictions for offenses in violation of this Act, | ||
the Court may
order restitution to the Secretary of any or all | ||
sums expended for the
purchase of evidence, for the employment | ||
of persons to obtain evidence,
and for the payment for any | ||
goods or services related to obtaining evidence.
All such | ||
restitution received by the Secretary shall be deposited into | ||
the
Secretary of State Evidence Fund. Moneys deposited into the | ||
fund shall,
subject to appropriation, be used by the Secretary | ||
of State for the
purposes provided for under the provisions of | ||
this Section.
| ||
(Source: P.A. 91-883, eff. 1-1-01.)
| ||
(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
| ||
Sec. 6-103. What persons shall not be licensed as drivers | ||
or granted
permits. The Secretary of State shall not issue, | ||
renew, or
allow the retention of any driver's
license nor issue | ||
any permit under this Code:
| ||
1. To any person, as a driver, who is under the age of | ||
18 years except
as provided in Section 6-107, and except | ||
that an instruction permit may be
issued under Section | ||
6-107.1 to a child who
is not less than 15 years of age if | ||
the child is enrolled in an approved
driver education | ||
course as defined in Section 1-103 of this Code and
| ||
requires an instruction permit to participate therein, | ||
except that an
instruction permit may be issued under the | ||
provisions of Section 6-107.1
to a child who is 17 years | ||
and 9 months of age without the child having
enrolled in an
| ||
approved driver education course and except that an
| ||
instruction permit may be issued to a child who is at least | ||
15 years and 6
months of age, is enrolled in school, meets | ||
the educational requirements of
the Driver Education Act, | ||
and has passed examinations the Secretary of State in
his | ||
or her discretion may prescribe;
| ||
2. To any person who is under the age of 18 as an |
operator of a motorcycle
other than a motor driven cycle | ||
unless the person has, in addition to
meeting the | ||
provisions of Section 6-107 of this Code, successfully
| ||
completed a motorcycle
training course approved by the | ||
Illinois Department of Transportation and
successfully | ||
completes the required Secretary of State's motorcycle | ||
driver's
examination;
| ||
3. To any person, as a driver, whose driver's license | ||
or permit has been
suspended, during the suspension, nor to | ||
any person whose driver's license or
permit has been | ||
revoked, except as provided in Sections 6-205, 6-206, and
| ||
6-208;
| ||
4. To any person, as a driver, who is a user of alcohol | ||
or any other
drug to a degree that renders the person | ||
incapable of safely driving a motor
vehicle;
| ||
5. To any person, as a driver, who has previously been | ||
adjudged to be
afflicted with or suffering from any mental | ||
or physical disability or disease
and who has not at the | ||
time of application been restored to competency by the
| ||
methods provided by law;
| ||
6. To any person, as a driver, who is required by the | ||
Secretary of State
to submit an alcohol and drug evaluation | ||
or take an examination provided
for in this Code unless the | ||
person has
successfully passed the examination and | ||
submitted any required evaluation;
| ||
7. To any person who is required under the provisions | ||
of the laws of
this State to deposit security or proof of | ||
financial responsibility and who
has not deposited the | ||
security or proof;
| ||
8. To any person when the Secretary of State has good | ||
cause to believe
that the person by reason of physical or | ||
mental disability would not be
able to safely operate a | ||
motor vehicle upon the highways, unless the
person shall | ||
furnish to the Secretary of State a verified written
| ||
statement, acceptable to the Secretary of State, from a | ||
competent medical
specialist to the effect that the |
operation of a motor vehicle by the
person would not be | ||
inimical to the public safety;
| ||
9. To any person, as a driver, who is 69 years of age | ||
or older, unless
the person has successfully complied with | ||
the provisions of Section 6-109;
| ||
10. To any person convicted, within 12 months of | ||
application for a
license, of any of the sexual offenses | ||
enumerated in paragraph 2 of subsection
(b) of Section | ||
6-205;
| ||
11. To any person who is under the age of 21 years with | ||
a classification
prohibited in paragraph (b) of Section | ||
6-104 and to any person who is under
the age of 18 years | ||
with a classification prohibited in paragraph (c) of
| ||
Section 6-104;
| ||
12. To any person who has been either convicted of or | ||
adjudicated under
the Juvenile Court Act of 1987 based upon | ||
a violation of the Cannabis Control
Act ,
or the Illinois | ||
Controlled Substances Act , or the Methamphetamine Control | ||
and Community Protection Act while that person was in | ||
actual
physical control of a motor vehicle. For purposes of | ||
this Section, any person
placed on probation under Section | ||
10 of the Cannabis Control Act ,
or Section 410
of the | ||
Illinois Controlled Substances Act , or Section 70 of the | ||
Methamphetamine Control and Community Protection Act shall | ||
not be considered convicted.
Any person found guilty of | ||
this offense, while in actual physical control of a
motor | ||
vehicle, shall have an entry made in the court record by | ||
the judge that
this offense did occur while the person was | ||
in actual physical control of a
motor vehicle and order the | ||
clerk of the court to report the violation to the
Secretary | ||
of State as such. The Secretary of State shall not issue a | ||
new
license or permit for a period of one year;
| ||
13. To any person who is under the age of 18 years and | ||
who has committed
the offense
of operating a motor vehicle | ||
without a valid license or permit in violation of
Section | ||
6-101;
|
14. To any person who is
90 days or more
delinquent in | ||
court ordered child support
payments or has been | ||
adjudicated in arrears
in an amount equal to 90 days' | ||
obligation or more
and who has been found in contempt
of
| ||
court for failure to pay the support, subject to the | ||
requirements and
procedures of Article VII of Chapter 7 of
| ||
the Illinois Vehicle Code;
| ||
15. To any person released from a term of imprisonment | ||
for violating
Section 9-3 of the Criminal Code of 1961 or a | ||
similar provision of a law of another state relating to | ||
reckless homicide or for violating subparagraph (F) of | ||
paragraph (1) of subsection (d) of Section 11-501 of this | ||
Code relating to aggravated driving under the influence of | ||
alcohol, other drug or drugs, intoxicating compound or | ||
compounds, or any combination thereof, if the violation was | ||
the proximate cause of a death, within
24 months of release | ||
from a term of imprisonment; or
| ||
16. To any person who, with intent to influence any act | ||
related to the issuance of any driver's license or permit, | ||
by an employee of the Secretary of State's Office, or the | ||
owner or employee of any commercial driver training school | ||
licensed by the Secretary of State, or any other individual | ||
authorized by the laws of this State to give driving | ||
instructions or administer all or part of a driver's | ||
license examination, promises or tenders to that person any | ||
property or personal advantage which that person is not | ||
authorized by law to accept. Any persons promising or | ||
tendering such property or personal advantage shall be | ||
disqualified from holding any class of driver's license or | ||
permit for 120 consecutive days. The Secretary of State | ||
shall establish by rule the procedures for implementing | ||
this period of disqualification and the procedures by which | ||
persons so disqualified may obtain administrative review | ||
of the decision to disqualify ; or
| ||
17.
16. To any person for whom the Secretary of State | ||
cannot verify the
accuracy of any information or |
documentation submitted in application for a
driver's | ||
license. | ||
The Secretary of State shall retain all conviction
| ||
information, if the information is required to be held | ||
confidential under
the Juvenile Court Act of 1987.
| ||
(Source: P.A. 92-343, eff. 1-1-02; 93-174, eff. 1-1-04; 93-712, | ||
eff. 1-1-05; 93-783, eff. 1-1-05; 93-788, eff. 1-1-05; 93-895, | ||
eff. 1-1-05; revised 10-22-04.)
| ||
(625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1) | ||
Sec. 6-106.1. School bus driver permit.
| ||
(a) The Secretary of State shall issue a school bus driver
| ||
permit to those applicants who have met all the requirements of | ||
the
application and screening process under this Section to | ||
insure the
welfare and safety of children who are transported | ||
on school buses
throughout the State of Illinois. Applicants | ||
shall obtain the
proper application required by the Secretary | ||
of State from their
prospective or current employer and submit | ||
the completed
application to the prospective or current | ||
employer along
with the necessary fingerprint submission as | ||
required by the
Department of
State Police to conduct | ||
fingerprint based criminal background
checks on current and | ||
future information available in the state
system and current | ||
information available through the Federal Bureau
of | ||
Investigation's system. Applicants who have completed the
| ||
fingerprinting requirements shall not be subjected to the
| ||
fingerprinting process when applying for subsequent permits or
| ||
submitting proof of successful completion of the annual | ||
refresher
course. Individuals who on the effective date of this | ||
Act possess a valid
school bus driver permit that has been | ||
previously issued by the appropriate
Regional School | ||
Superintendent are not subject to the fingerprinting
| ||
provisions of this Section as long as the permit remains valid | ||
and does not
lapse. The applicant shall be required to pay all | ||
related
application and fingerprinting fees as established by | ||
rule
including, but not limited to, the amounts established by |
the Department of
State Police and the Federal Bureau of | ||
Investigation to process
fingerprint based criminal background | ||
investigations. All fees paid for
fingerprint processing | ||
services under this Section shall be deposited into the
State | ||
Police Services Fund for the cost incurred in processing the | ||
fingerprint
based criminal background investigations. All | ||
other fees paid under this
Section shall be deposited into the | ||
Road
Fund for the purpose of defraying the costs of the | ||
Secretary of State in
administering this Section. All | ||
applicants must:
| ||
1. be 21 years of age or older;
| ||
2. possess a valid and properly classified driver's | ||
license
issued by the Secretary of State;
| ||
3. possess a valid driver's license, which has not been
| ||
revoked, suspended, or canceled for 3 years immediately | ||
prior to
the date of application, or have not had his or | ||
her commercial motor vehicle
driving privileges
| ||
disqualified within the 3 years immediately prior to the | ||
date of application;
| ||
4. successfully pass a written test, administered by | ||
the
Secretary of State, on school bus operation, school bus | ||
safety, and
special traffic laws relating to school buses | ||
and submit to a review
of the applicant's driving habits by | ||
the Secretary of State at the time the
written test is | ||
given;
| ||
5. demonstrate ability to exercise reasonable care in | ||
the operation of
school buses in accordance with rules | ||
promulgated by the Secretary of State;
| ||
6. demonstrate physical fitness to operate school | ||
buses by
submitting the results of a medical examination, | ||
including tests for drug
use for each applicant not subject | ||
to such testing pursuant to
federal law, conducted by a | ||
licensed physician, an advanced practice nurse
who has a | ||
written collaborative agreement with
a collaborating | ||
physician which authorizes him or her to perform medical
| ||
examinations, or a physician assistant who has been |
delegated the
performance of medical examinations by his or | ||
her supervising physician
within 90 days of the date
of | ||
application according to standards promulgated by the | ||
Secretary of State;
| ||
7. affirm under penalties of perjury that he or she has | ||
not made a
false statement or knowingly concealed a | ||
material fact
in any application for permit;
| ||
8. have completed an initial classroom course, | ||
including first aid
procedures, in school bus driver safety | ||
as promulgated by the Secretary of
State; and after | ||
satisfactory completion of said initial course an annual
| ||
refresher course; such courses and the agency or | ||
organization conducting such
courses shall be approved by | ||
the Secretary of State; failure to
complete the annual | ||
refresher course, shall result in
cancellation of the | ||
permit until such course is completed;
| ||
9. not have been convicted of 2 or more serious traffic | ||
offenses, as
defined by rule, within one year prior to the | ||
date of application that may
endanger the life or safety of | ||
any of the driver's passengers within the
duration of the | ||
permit period;
| ||
10. not have been convicted of reckless driving, | ||
driving while
intoxicated, or reckless homicide resulting | ||
from the operation of a motor
vehicle within 3 years of the | ||
date of application;
| ||
11. not have been convicted of committing or attempting
| ||
to commit any
one or more of the following offenses: (i) | ||
those offenses defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, | ||
9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, 10-6, | ||
10-7, 11-6,
11-9, 11-9.1, 11-14, 11-15, 11-15.1, 11-16, | ||
11-17, 11-18, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, | ||
11-21, 11-22, 12-3.1, 12-4.1, 12-4.2, 12-4.3, 12-4.4,
| ||
12-4.5,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-11,
| ||
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, | ||
12-21.6, 12-33,
18-1,
18-2,
18-3, 18-4, 18-5,
20-1, 20-1.1, | ||
20-2, 24-1, 24-1.1, 24-1.2, 24-3.3, 31A-1, 31A-1.1, and
|
33A-2, and in subsection (a) and subsection (b), clause | ||
(1), of Section
12-4 of the Criminal Code of 1961; (ii) | ||
those offenses defined in the
Cannabis Control Act except | ||
those offenses defined in subsections (a) and
(b) of | ||
Section 4, and subsection (a) of Section 5 of the Cannabis | ||
Control
Act; (iii) those offenses defined in the Illinois | ||
Controlled Substances
Act; (iv) those offenses defined in | ||
the Methamphetamine Control and Community Protection Act; | ||
(v)
(iv) any offense committed or attempted in any other | ||
state or against
the laws of the United States, which if | ||
committed or attempted in this
State would be punishable as | ||
one or more of the foregoing offenses; (vi)
(v)
the | ||
offenses defined in Section 4.1 and 5.1 of the Wrongs to | ||
Children Act and (vii)
(vi) those offenses defined in | ||
Section 6-16 of the Liquor Control Act of
1934;
| ||
12. not have been repeatedly involved as a driver in | ||
motor vehicle
collisions or been repeatedly convicted of | ||
offenses against
laws and ordinances regulating the | ||
movement of traffic, to a degree which
indicates lack of | ||
ability to exercise ordinary and reasonable care in the
| ||
safe operation of a motor vehicle or disrespect for the | ||
traffic laws and
the safety of other persons upon the | ||
highway;
| ||
13. not have, through the unlawful operation of a motor
| ||
vehicle, caused an accident resulting in the death of any | ||
person; and
| ||
14. not have, within the last 5 years, been adjudged to | ||
be
afflicted with or suffering from any mental disability | ||
or disease.
| ||
(b) A school bus driver permit shall be valid for a period | ||
specified by
the Secretary of State as set forth by rule. It | ||
shall be renewable upon compliance with subsection (a) of this
| ||
Section.
| ||
(c) A school bus driver permit shall contain the holder's | ||
driver's
license number, legal name, residence address, zip | ||
code, social
security number and date
of birth, a brief |
description of the holder and a space for signature. The
| ||
Secretary of State may require a suitable photograph of the | ||
holder.
| ||
(d) The employer shall be responsible for conducting a | ||
pre-employment
interview with prospective school bus driver | ||
candidates, distributing school
bus driver applications and | ||
medical forms to be completed by the applicant, and
submitting | ||
the applicant's fingerprint cards to the Department of State | ||
Police
that are required for the criminal background | ||
investigations. The employer
shall certify in writing to the | ||
Secretary of State that all pre-employment
conditions have been | ||
successfully completed including the successful completion
of | ||
an Illinois specific criminal background investigation through | ||
the
Department of State Police and the submission of necessary
| ||
fingerprints to the Federal Bureau of Investigation for | ||
criminal
history information available through the Federal | ||
Bureau of
Investigation system. The applicant shall present the
| ||
certification to the Secretary of State at the time of | ||
submitting
the school bus driver permit application.
| ||
(e) Permits shall initially be provisional upon receiving
| ||
certification from the employer that all pre-employment | ||
conditions
have been successfully completed, and upon | ||
successful completion of
all training and examination | ||
requirements for the classification of
the vehicle to be | ||
operated, the Secretary of State shall
provisionally issue a | ||
School Bus Driver Permit. The permit shall
remain in a | ||
provisional status pending the completion of the
Federal Bureau | ||
of Investigation's criminal background investigation based
| ||
upon fingerprinting specimens submitted to the Federal Bureau | ||
of
Investigation by the Department of State Police. The Federal | ||
Bureau of
Investigation shall report the findings directly to | ||
the Secretary
of State. The Secretary of State shall remove the | ||
bus driver
permit from provisional status upon the applicant's | ||
successful
completion of the Federal Bureau of Investigation's | ||
criminal
background investigation.
| ||
(f) A school bus driver permit holder shall notify the
|
employer and the Secretary of State if he or she is convicted | ||
in
another state of an offense that would make him or her | ||
ineligible
for a permit under subsection (a) of this Section. | ||
The
written notification shall be made within 5 days of the | ||
entry of
the conviction. Failure of the permit holder to | ||
provide the
notification is punishable as a petty
offense for a | ||
first violation and a Class B misdemeanor for a
second or | ||
subsequent violation.
| ||
(g) Cancellation; suspension; notice and procedure.
| ||
(1) The Secretary of State shall cancel a school bus
| ||
driver permit of an applicant whose criminal background | ||
investigation
discloses that he or she is not in compliance | ||
with the provisions of subsection
(a) of this Section.
| ||
(2) The Secretary of State shall cancel a school
bus | ||
driver permit when he or she receives notice that the | ||
permit holder fails
to comply with any provision of this | ||
Section or any rule promulgated for the
administration of | ||
this Section.
| ||
(3) The Secretary of State shall cancel a school bus
| ||
driver permit if the permit holder's restricted commercial | ||
or
commercial driving privileges are withdrawn or | ||
otherwise
invalidated.
| ||
(4) The Secretary of State may not issue a school bus
| ||
driver permit for a period of 3 years to an applicant who | ||
fails to
obtain a negative result on a drug test as | ||
required in item 6 of
subsection (a) of this Section or | ||
under federal law.
| ||
(5) The Secretary of State shall forthwith suspend
a | ||
school bus driver permit for a period of 3 years upon | ||
receiving
notice that the holder has failed to obtain a | ||
negative result on a
drug test as required in item 6 of | ||
subsection (a) of this Section
or under federal law.
| ||
The Secretary of State shall notify the State | ||
Superintendent
of Education and the permit holder's | ||
prospective or current
employer that the applicant has (1) has | ||
failed a criminal
background investigation or (2) is no
longer |
eligible for a school bus driver permit; and of the related
| ||
cancellation of the applicant's provisional school bus driver | ||
permit. The
cancellation shall remain in effect pending the | ||
outcome of a
hearing pursuant to Section 2-118 of this Code. | ||
The scope of the
hearing shall be limited to the issuance | ||
criteria contained in
subsection (a) of this Section. A | ||
petition requesting a
hearing shall be submitted to the | ||
Secretary of State and shall
contain the reason the individual | ||
feels he or she is entitled to a
school bus driver permit. The | ||
permit holder's
employer shall notify in writing to the | ||
Secretary of State
that the employer has certified the removal | ||
of the offending school
bus driver from service prior to the | ||
start of that school bus
driver's next workshift. An employing | ||
school board that fails to
remove the offending school bus | ||
driver from service is
subject to the penalties defined in | ||
Section 3-14.23 of the School Code. A
school bus
contractor who | ||
violates a provision of this Section is
subject to the | ||
penalties defined in Section 6-106.11.
| ||
All valid school bus driver permits issued under this | ||
Section
prior to January 1, 1995, shall remain effective until | ||
their
expiration date unless otherwise invalidated.
| ||
(Source: P.A. 92-703, eff. 7-19-02; 93-895, eff. 1-1-05.)
| ||
(625 ILCS 5/6-107) (from Ch. 95 1/2, par. 6-107)
| ||
Sec. 6-107. Graduated license.
| ||
(a) The purpose of the Graduated
Licensing Program is to | ||
develop safe and mature driving habits in young,
inexperienced | ||
drivers and reduce or prevent motor vehicle accidents,
| ||
fatalities,
and injuries by:
| ||
(1) providing for an increase in the time of practice | ||
period before
granting
permission to obtain a driver's | ||
license;
| ||
(2) strengthening driver licensing and testing | ||
standards for persons under
the age of 21 years;
| ||
(3) sanctioning driving privileges of drivers under | ||
age 21 who have
committed serious traffic violations or |
other specified offenses; and
| ||
(4) setting stricter standards to promote the public's | ||
health and
safety.
| ||
(b) The application of any person under
the age of 18 | ||
years, and not legally emancipated by marriage, for a drivers
| ||
license or permit to operate a motor vehicle issued under the | ||
laws of this
State, shall be accompanied by the written consent | ||
of either parent of the
applicant; otherwise by the guardian | ||
having custody of the applicant, or
in the event there is no | ||
parent or guardian, then by another responsible adult.
| ||
No graduated driver's license shall be issued to any | ||
applicant under 18
years
of age, unless the applicant is at | ||
least 16 years of age and has:
| ||
(1) Held a valid instruction permit for a minimum of 3 | ||
months.
| ||
(2) Passed an approved driver education course
and | ||
submits proof of having passed the course as may
be | ||
required.
| ||
(3) certification by the parent, legal guardian, or | ||
responsible adult that
the applicant has had a minimum of | ||
25 hours of behind-the-wheel practice time
and is | ||
sufficiently prepared and able to safely operate a motor | ||
vehicle.
| ||
(c) No graduated driver's license or permit shall be issued | ||
to
any applicant under 18
years of age who has committed the | ||
offense of operating a motor vehicle
without a valid license or | ||
permit in violation of Section 6-101 of this Code
and no | ||
graduated driver's
license or permit shall be issued to any | ||
applicant under 18 years of age
who has committed an offense | ||
that would otherwise result in a
mandatory revocation of a | ||
license or permit as provided in Section 6-205 of
this Code or | ||
who has been either convicted of or adjudicated a delinquent | ||
based
upon a violation of the Cannabis Control Act ,
or the | ||
Illinois Controlled
Substances Act, or the Methamphetamine | ||
Control and Community Protection Act while that individual was | ||
in actual physical control of a motor
vehicle. For purposes of |
this Section, any person placed on probation under
Section 10 | ||
of the Cannabis Control Act ,
or Section 410 of the Illinois
| ||
Controlled Substances Act , or Section 70 of the Methamphetamine | ||
Control and Community Protection Act shall not be considered | ||
convicted. Any person found
guilty of this offense, while in | ||
actual physical control of a motor vehicle,
shall have an entry | ||
made in the court record by the judge that this offense did
| ||
occur while the person was in actual physical control of a | ||
motor vehicle and
order the clerk of the court to report the | ||
violation to the Secretary of State
as such.
| ||
(d) No graduated driver's license shall be issued for 6 | ||
months to any
applicant
under
the
age of 18 years who has been | ||
convicted of any offense defined as a serious
traffic violation | ||
in this Code or
a similar provision of a local ordinance.
| ||
(e) No graduated driver's license holder under the age
of | ||
18 years shall operate any
motor vehicle, except a motor driven | ||
cycle or motorcycle, with
more than one passenger in the front | ||
seat of the motor vehicle
and no more passengers in the back | ||
seats than the number of available seat
safety belts as set | ||
forth in Section 12-603 of this Code.
| ||
(f) No graduated driver's license holder under the age of | ||
18 shall operate a
motor vehicle unless each driver and front | ||
or back seat passenger under the
age of 18 is wearing a | ||
properly adjusted and fastened seat safety belt.
| ||
(g) If a graduated driver's license holder is under the age | ||
of 18 when he
or she receives the license, for the first 6 | ||
months he or she holds the license
or
until he or she reaches | ||
the age of 18, whichever occurs sooner, the graduated
license
| ||
holder may not operate a motor vehicle with more than one | ||
passenger in the
vehicle
who is under the age of 20, unless any | ||
additional passenger or passengers are
siblings, | ||
step-siblings, children, or stepchildren of the driver.
| ||
(Source: P.A. 93-101, eff. 1-1-04; 93-788, eff. 1-1-05.)
| ||
(625 ILCS 5/6-108) (from Ch. 95 1/2, par. 6-108)
| ||
Sec. 6-108. Cancellation of license issued to minor.
|
(a) The Secretary of State shall cancel the license or | ||
permit of any minor
under the age of 18 years in any of the | ||
following events:
| ||
1. Upon the verified written request of the person who | ||
consented to the
application of the minor that the license | ||
or
permit be cancelled;
| ||
2. Upon receipt of satisfactory evidence of the death | ||
of the person who
consented to the application of the | ||
minor;
| ||
3. Upon receipt of satisfactory evidence that the | ||
person who consented
to the application of a minor no | ||
longer has legal custody of the
minor.
| ||
After cancellation, the Secretary of State shall not issue | ||
a new
license or permit until the applicant meets the | ||
provisions of Section
6-107 of this Code.
| ||
(b) The Secretary of State shall cancel the license or | ||
permit of any
person under the age of 18 years if he or she is | ||
convicted of violating
the Cannabis Control Act ,
or the | ||
Illinois
Controlled Substances Act , or the Methamphetamine | ||
Control and Community Protection Act while that person was in | ||
actual physical
control of a motor vehicle.
For purposes of | ||
this Section, any person placed on probation under Section
10 | ||
of the Cannabis Control Act ,
or Section 410 of the Illinois | ||
Controlled
Substances Act , or Section 70 of the Methamphetamine | ||
Control and Community Protection Act shall not be considered | ||
convicted.
Any person found guilty of this offense,
while in | ||
actual physical control of a motor vehicle, shall have an entry
| ||
made in the court record by the judge that this offense did | ||
occur
while the person was in actual physical control of a | ||
motor vehicle and
order the clerk of the court to report the | ||
violation to the Secretary of
State as such. After the | ||
cancellation, the Secretary of State
shall not issue a new | ||
license or permit for a period of one year after the
date of | ||
cancellation or until the minor attains the age of 18 years,
| ||
whichever is longer.
However, upon application, the Secretary | ||
of State
may, if satisfied that the person applying will not |
endanger the public
safety, or welfare, issue a restricted | ||
driving permit granting the
privilege of driving a motor | ||
vehicle between the person's residence and
person's place of | ||
employment or within the scope of the person's employment | ||
related
duties, or to allow transportation for
the person or a | ||
household member of the person's family for the receipt of
| ||
necessary medical care or, if the professional evaluation | ||
indicates,
provide transportation for the petitioner for | ||
alcohol remedial or
rehabilitative activity, or for the person | ||
to attend classes, as a student,
in an accredited educational | ||
institution; if the person is able to
demonstrate that no | ||
alternative means of transportation is reasonably
available; | ||
provided that the Secretary's discretion shall be limited to
| ||
cases where undue hardship would result from a failure to issue | ||
such
restricted driving permit. In each case the Secretary of | ||
State may issue
a restricted driving permit for a period as he
| ||
deems appropriate,
except that the permit shall expire within | ||
one year from the date of
issuance. A restricted driving permit | ||
issued hereunder shall be subject to
cancellation, revocation, | ||
and suspension by the Secretary of State in like
manner and for | ||
like cause as a driver's license issued hereunder may be
| ||
cancelled, revoked, or suspended; except that a conviction upon | ||
one or more
offenses against laws or ordinances regulating the | ||
movement of traffic
shall be deemed sufficient cause for the | ||
revocation, suspension, or
cancellation of a restricted | ||
driving permit. The Secretary of State may,
as a condition to | ||
the issuance of a restricted driving permit, require the
| ||
applicant to participate in a driver remedial or rehabilitative
| ||
program.
Thereafter, upon reapplication for a license as
| ||
provided in Section 6-106 of this Code or a permit as provided | ||
in Section
6-105 of this Code and upon payment of the | ||
appropriate application fee, the
Secretary of State shall issue | ||
the applicant a license as provided in Section
6-106 of this | ||
Code or shall issue the applicant a permit as provided in | ||
Section 6-105.
| ||
(Source: P.A. 86-1450; 87-1114.)
|
(625 ILCS 5/6-201) (from Ch. 95 1/2, par. 6-201)
| ||
Sec. 6-201. Authority to cancel licenses and permits.
| ||
(a) The Secretary of State is authorized to cancel any | ||
license or permit
upon determining that the holder thereof:
| ||
1. was not entitled to the issuance thereof hereunder; | ||
or
| ||
2. failed to give the required or correct information | ||
in his
application; or
| ||
3. failed to pay any fees, civil penalties owed to the | ||
Illinois Commerce
Commission, or taxes due under this Act | ||
and upon reasonable notice and demand;
or
| ||
4. committed any fraud in the making of such | ||
application; or
| ||
5. is ineligible therefor under the provisions of | ||
Section 6-103 of this
Act, as amended; or
| ||
6. has refused or neglected to submit an alcohol, drug, | ||
and
intoxicating compound evaluation or to
submit to | ||
examination or re-examination as required under this Act; | ||
or
| ||
7. has been convicted of violating the Cannabis Control | ||
Act,
the
Illinois Controlled Substances Act, the | ||
Methamphetamine Control and Community Protection Act, or | ||
the Use of Intoxicating Compounds
Act while that individual | ||
was in actual physical
control of a motor vehicle. For | ||
purposes of this Section, any person placed on
probation | ||
under Section 10 of the Cannabis Control Act ,
or Section | ||
410 of the
Illinois Controlled Substances Act , or Section | ||
70 of the Methamphetamine Control and Community Protection | ||
Act shall not be considered convicted. Any
person found | ||
guilty of this offense, while in actual physical control of | ||
a
motor vehicle, shall have an entry made in the court | ||
record by the
judge that this offense did occur while the | ||
person was in actual
physical control of a motor vehicle | ||
and order the clerk of the court to report
the violation to | ||
the Secretary of State as such. After the cancellation, the
|
Secretary of State shall not issue a new license or permit | ||
for a period of one
year after the date of cancellation. | ||
However, upon application, the Secretary
of State may, if | ||
satisfied that the person applying will not endanger the
| ||
public safety, or welfare, issue a restricted driving | ||
permit granting the
privilege of driving a motor vehicle | ||
between the person's residence and
person's place of | ||
employment or within the scope of the person's employment
| ||
related duties, or to allow transportation for
the person | ||
or a household member of the person's family for the | ||
receipt of
necessary medical care or, if the professional | ||
evaluation indicates,
provide transportation for the | ||
petitioner for alcohol remedial or
rehabilitative | ||
activity, or for the person to attend classes, as a | ||
student,
in an accredited educational institution; if the | ||
person is able to
demonstrate that no alternative means of | ||
transportation is reasonably
available; provided that the | ||
Secretary's discretion shall be limited to
cases where | ||
undue hardship would result from a failure to issue such
| ||
restricted driving permit. In each case the Secretary of | ||
State may issue
such restricted driving permit for such | ||
period as he deems appropriate,
except that such permit | ||
shall expire within one year from the date of
issuance. A | ||
restricted driving permit issued hereunder shall be | ||
subject to
cancellation, revocation and suspension by the | ||
Secretary of State in like
manner and for like cause as a | ||
driver's license issued hereunder may be
cancelled, | ||
revoked or suspended; except that a conviction upon one or | ||
more
offenses against laws or ordinances regulating the | ||
movement of traffic
shall be deemed sufficient cause for | ||
the revocation, suspension or
cancellation of a restricted | ||
driving permit. The Secretary of State may,
as a condition | ||
to the issuance of a restricted driving permit, require the
| ||
applicant to participate in a driver remedial or | ||
rehabilitative
program; or
| ||
8. failed to submit a report as required by Section |
6-116.5 of this
Code.
| ||
(b) Upon such cancellation the licensee or permittee must | ||
surrender the
license or permit so cancelled to the Secretary | ||
of State.
| ||
(c) Except as provided in Sections 6-206.1 and 7-702.1,
the | ||
Secretary of State
shall have exclusive authority to grant, | ||
issue, deny, cancel, suspend and
revoke driving privileges, | ||
drivers' licenses and restricted driving permits.
| ||
(Source: P.A. 89-92, eff. 7-1-96;
89-584, eff. 7-31-96; 90-779, | ||
eff. 1-1-99.)
| ||
(625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
| ||
Sec. 6-206. Discretionary authority to suspend or revoke | ||
license or
permit; Right to a hearing.
| ||
(a) The Secretary of State is authorized to suspend or | ||
revoke the
driving privileges of any person without preliminary | ||
hearing upon a showing
of the person's records or other | ||
sufficient evidence that
the person:
| ||
1. Has committed an offense for which mandatory | ||
revocation of
a driver's license or permit is required upon | ||
conviction;
| ||
2. Has been convicted of not less than 3 offenses | ||
against traffic
regulations governing the movement of | ||
vehicles committed within any 12
month period. No | ||
revocation or suspension shall be entered more than
6 | ||
months after the date of last conviction;
| ||
3. Has been repeatedly involved as a driver in motor | ||
vehicle
collisions or has been repeatedly convicted of | ||
offenses against laws and
ordinances regulating the | ||
movement of traffic, to a degree that
indicates lack of | ||
ability to exercise ordinary and reasonable care in
the | ||
safe operation of a motor vehicle or disrespect for the | ||
traffic laws
and the safety of other persons upon the | ||
highway;
| ||
4. Has by the unlawful operation of a motor vehicle | ||
caused or
contributed to an accident resulting in death or |
injury requiring
immediate professional treatment in a | ||
medical facility or doctor's office
to any person, except | ||
that any suspension or revocation imposed by the
Secretary | ||
of State under the provisions of this subsection shall | ||
start no
later than 6 months after being convicted of | ||
violating a law or
ordinance regulating the movement of | ||
traffic, which violation is related
to the accident, or | ||
shall start not more than one year
after
the date of the | ||
accident, whichever date occurs later;
| ||
5. Has permitted an unlawful or fraudulent use of a | ||
driver's
license, identification card, or permit;
| ||
6. Has been lawfully convicted of an offense or | ||
offenses in another
state, including the authorization | ||
contained in Section 6-203.1, which
if committed within | ||
this State would be grounds for suspension or revocation;
| ||
7. Has refused or failed to submit to an examination | ||
provided for by
Section 6-207 or has failed to pass the | ||
examination;
| ||
8. Is ineligible for a driver's license or permit under | ||
the provisions
of Section 6-103;
| ||
9. Has made a false statement or knowingly concealed a | ||
material fact
or has used false information or | ||
identification in any application for a
license, | ||
identification card, or permit;
| ||
10. Has possessed, displayed, or attempted to | ||
fraudulently use any
license, identification card, or | ||
permit not issued to the person;
| ||
11. Has operated a motor vehicle upon a highway of this | ||
State when
the person's driving privilege or privilege to | ||
obtain a driver's license
or permit was revoked or | ||
suspended unless the operation was authorized by
a judicial | ||
driving permit, probationary license to drive, or a | ||
restricted
driving permit issued under this Code;
| ||
12. Has submitted to any portion of the application | ||
process for
another person or has obtained the services of | ||
another person to submit to
any portion of the application |
process for the purpose of obtaining a
license, | ||
identification card, or permit for some other person;
| ||
13. Has operated a motor vehicle upon a highway of this | ||
State when
the person's driver's license or permit was | ||
invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||
14. Has committed a violation of Section 6-301, | ||
6-301.1, or 6-301.2
of this Act, or Section 14, 14A, or 14B | ||
of the Illinois Identification Card
Act;
| ||
15. Has been convicted of violating Section 21-2 of the | ||
Criminal Code
of 1961 relating to criminal trespass to | ||
vehicles in which case, the suspension
shall be for one | ||
year;
| ||
16. Has been convicted of violating Section 11-204 of | ||
this Code relating
to fleeing from a peace officer;
| ||
17. Has refused to submit to a test, or tests, as | ||
required under Section
11-501.1 of this Code and the person | ||
has not sought a hearing as
provided for in Section | ||
11-501.1;
| ||
18. Has, since issuance of a driver's license or | ||
permit, been adjudged
to be afflicted with or suffering | ||
from any mental disability or disease;
| ||
19. Has committed a violation of paragraph (a) or (b) | ||
of Section 6-101
relating to driving without a driver's | ||
license;
| ||
20. Has been convicted of violating Section 6-104 | ||
relating to
classification of driver's license;
| ||
21. Has been convicted of violating Section 11-402 of
| ||
this Code relating to leaving the scene of an accident | ||
resulting in damage
to a vehicle in excess of $1,000, in | ||
which case the suspension shall be
for one year;
| ||
22. Has used a motor vehicle in violating paragraph | ||
(3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||
the Criminal Code of 1961 relating
to unlawful use of | ||
weapons, in which case the suspension shall be for one
| ||
year;
| ||
23. Has, as a driver, been convicted of committing a |
violation of
paragraph (a) of Section 11-502 of this Code | ||
for a second or subsequent
time within one year of a | ||
similar violation;
| ||
24. Has been convicted by a court-martial or punished | ||
by non-judicial
punishment by military authorities of the | ||
United States at a military
installation in Illinois of or | ||
for a traffic related offense that is the
same as or | ||
similar to an offense specified under Section 6-205 or | ||
6-206 of
this Code;
| ||
25. Has permitted any form of identification to be used | ||
by another in
the application process in order to obtain or | ||
attempt to obtain a license,
identification card, or | ||
permit;
| ||
26. Has altered or attempted to alter a license or has | ||
possessed an
altered license, identification card, or | ||
permit;
| ||
27. Has violated Section 6-16 of the Liquor Control Act | ||
of 1934;
| ||
28. Has been convicted of the illegal possession, while | ||
operating or
in actual physical control, as a driver, of a | ||
motor vehicle, of any
controlled substance prohibited | ||
under the Illinois Controlled Substances
Act ,
or any | ||
cannabis prohibited under the provisions of the Cannabis | ||
Control
Act , or any methamphetamine prohibited under the | ||
Methamphetamine Control and Community Protection Act , in | ||
which case the person's driving privileges shall be | ||
suspended for
one year, and any driver who is convicted of | ||
a second or subsequent
offense, within 5 years of a | ||
previous conviction, for the illegal
possession, while | ||
operating or in actual physical control, as a driver, of
a | ||
motor vehicle, of any controlled substance prohibited | ||
under the
provisions of the Illinois Controlled Substances | ||
Act ,
or any cannabis
prohibited under the Cannabis Control | ||
Act , or any methamphetamine prohibited under the | ||
Methamphetamine Control and Community Protection Act shall | ||
be suspended for 5 years.
Any defendant found guilty of |
this offense while operating a motor vehicle,
shall have an | ||
entry made in the court record by the presiding judge that
| ||
this offense did occur while the defendant was operating a | ||
motor vehicle
and order the clerk of the court to report | ||
the violation to the Secretary
of State;
| ||
29. Has been convicted of the following offenses that | ||
were committed
while the person was operating or in actual | ||
physical control, as a driver,
of a motor vehicle: criminal | ||
sexual assault,
predatory criminal sexual assault of a | ||
child,
aggravated criminal sexual
assault, criminal sexual | ||
abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||
soliciting for a juvenile prostitute and the manufacture, | ||
sale or
delivery of controlled substances or instruments | ||
used for illegal drug use
or abuse in which case the | ||
driver's driving privileges shall be suspended
for one | ||
year;
| ||
30. Has been convicted a second or subsequent time for | ||
any
combination of the offenses named in paragraph 29 of | ||
this subsection,
in which case the person's driving | ||
privileges shall be suspended for 5
years;
| ||
31. Has refused to submit to a test as
required by | ||
Section 11-501.6 or has submitted to a test resulting in
an | ||
alcohol concentration of 0.08 or more or any amount of a | ||
drug, substance, or
compound resulting from the unlawful | ||
use or consumption of cannabis as listed
in the Cannabis | ||
Control Act, a controlled substance as listed in the | ||
Illinois
Controlled Substances Act, or an intoxicating | ||
compound as listed in the Use of
Intoxicating Compounds | ||
Act, in which case the penalty shall be
as prescribed in | ||
Section 6-208.1;
| ||
32. Has been convicted of Section 24-1.2 of the | ||
Criminal Code of
1961 relating to the aggravated discharge | ||
of a firearm if the offender was
located in a motor vehicle | ||
at the time the firearm was discharged, in which
case the | ||
suspension shall be for 3 years;
| ||
33. Has as a driver, who was less than 21 years of age |
on the date of
the offense, been convicted a first time of | ||
a violation of paragraph (a) of
Section 11-502 of this Code | ||
or a similar provision of a local ordinance;
| ||
34. Has committed a violation of Section 11-1301.5 of | ||
this Code;
| ||
35. Has committed a violation of Section 11-1301.6 of | ||
this Code;
| ||
36. Is under the age of 21 years at the time of arrest | ||
and has been
convicted of not less than 2 offenses against | ||
traffic regulations governing
the movement of vehicles | ||
committed within any 24 month period. No revocation
or | ||
suspension shall be entered more than 6 months after the | ||
date of last
conviction;
| ||
37. Has committed a violation of subsection (c) of | ||
Section 11-907 of this
Code;
| ||
38. Has been convicted of a violation of Section 6-20 | ||
of the Liquor
Control Act of 1934 or a similar provision of | ||
a local ordinance;
| ||
39. Has committed a second or subsequent violation of | ||
Section
11-1201 of this Code; or
| ||
40. Has committed a violation of subsection (a-1) of | ||
Section 11-908 of
this Code ; or . | ||
41.
40. Has committed a second or subsequent violation | ||
of Section 11-605.1 of this Code within 2 years of the date | ||
of the previous violation, in which case the suspension | ||
shall be for 90 days. | ||
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||
and 27 of this
subsection, license means any driver's license, | ||
any traffic ticket issued when
the person's driver's license is | ||
deposited in lieu of bail, a suspension
notice issued by the | ||
Secretary of State, a duplicate or corrected driver's
license, | ||
a probationary driver's license or a temporary driver's | ||
license.
| ||
(b) If any conviction forming the basis of a suspension or
| ||
revocation authorized under this Section is appealed, the
| ||
Secretary of State may rescind or withhold the entry of the |
order of suspension
or revocation, as the case may be, provided | ||
that a certified copy of a stay
order of a court is filed with | ||
the Secretary of State. If the conviction is
affirmed on | ||
appeal, the date of the conviction shall relate back to the | ||
time
the original judgment of conviction was entered and the 6 | ||
month limitation
prescribed shall not apply.
| ||
(c) 1. Upon suspending or revoking the driver's license or | ||
permit of
any person as authorized in this Section, the | ||
Secretary of State shall
immediately notify the person in | ||
writing of the revocation or suspension.
The notice to be | ||
deposited in the United States mail, postage prepaid,
to | ||
the last known address of the person.
| ||
2. If the Secretary of State suspends the driver's | ||
license
of a person under subsection 2 of paragraph (a) of | ||
this Section, a
person's privilege to operate a vehicle as | ||
an occupation shall not be
suspended, provided an affidavit | ||
is properly completed, the appropriate fee
received, and a | ||
permit issued prior to the effective date of the
| ||
suspension, unless 5 offenses were committed, at least 2 of | ||
which occurred
while operating a commercial vehicle in | ||
connection with the driver's
regular occupation. All other | ||
driving privileges shall be suspended by the
Secretary of | ||
State. Any driver prior to operating a vehicle for
| ||
occupational purposes only must submit the affidavit on | ||
forms to be
provided by the Secretary of State setting | ||
forth the facts of the person's
occupation. The affidavit | ||
shall also state the number of offenses
committed while | ||
operating a vehicle in connection with the driver's regular
| ||
occupation. The affidavit shall be accompanied by the | ||
driver's license.
Upon receipt of a properly completed | ||
affidavit, the Secretary of State
shall issue the driver a | ||
permit to operate a vehicle in connection with the
driver's | ||
regular occupation only. Unless the permit is issued by the
| ||
Secretary of State prior to the date of suspension, the | ||
privilege to drive
any motor vehicle shall be suspended as | ||
set forth in the notice that was
mailed under this Section. |
If an affidavit is received subsequent to the
effective | ||
date of this suspension, a permit may be issued for the | ||
remainder
of the suspension period.
| ||
The provisions of this subparagraph shall not apply to | ||
any driver
required to obtain a commercial driver's license | ||
under Section 6-507 during
the period of a disqualification | ||
of commercial driving privileges under
Section 6-514.
| ||
Any person who falsely states any fact in the affidavit | ||
required
herein shall be guilty of perjury under Section | ||
6-302 and upon conviction
thereof shall have all driving | ||
privileges revoked without further rights.
| ||
3. At the conclusion of a hearing under Section 2-118 | ||
of this Code,
the Secretary of State shall either rescind | ||
or continue an order of
revocation or shall substitute an | ||
order of suspension; or, good
cause appearing therefor, | ||
rescind, continue, change, or extend the
order of | ||
suspension. If the Secretary of State does not rescind the | ||
order,
the Secretary may upon application,
to relieve undue | ||
hardship, issue
a restricted driving permit granting the | ||
privilege of driving a motor
vehicle between the | ||
petitioner's residence and petitioner's place of
| ||
employment or within the scope of his employment related | ||
duties, or to
allow transportation for the petitioner, or a | ||
household member of the
petitioner's family, to receive | ||
necessary medical care and if the
professional evaluation | ||
indicates, provide transportation for alcohol
remedial or | ||
rehabilitative activity, or for the petitioner to attend
| ||
classes, as a student, in an accredited educational | ||
institution; if the
petitioner is able to demonstrate that | ||
no alternative means of
transportation is reasonably | ||
available and the petitioner will not endanger
the public | ||
safety or welfare.
| ||
If a person's license or permit has been revoked or | ||
suspended due to 2
or more convictions of violating Section | ||
11-501 of this Code or a similar
provision of a local | ||
ordinance or a similar out-of-state offense, arising out
of |
separate occurrences, that person, if issued a restricted | ||
driving permit,
may not operate a vehicle unless it has | ||
been equipped with an ignition
interlock device as defined | ||
in Section 1-129.1.
| ||
If a person's license or permit has been revoked or | ||
suspended 2 or more
times within a 10 year period due to a | ||
single conviction of violating Section
11-501 of this Code | ||
or a similar provision of a local ordinance or a similar
| ||
out-of-state offense, and a statutory summary suspension | ||
under Section
11-501.1, or 2 or more statutory summary | ||
suspensions, or combination of 2
offenses, or of an offense | ||
and a statutory summary suspension, arising out of
separate | ||
occurrences, that person, if issued a restricted driving | ||
permit, may
not operate a vehicle unless it has been
| ||
equipped with an ignition interlock device as defined in | ||
Section 1-129.1.
The person must pay to the Secretary of | ||
State DUI Administration Fund an amount
not to exceed $20 | ||
per month. The Secretary shall establish by rule the amount
| ||
and the procedures, terms, and conditions relating to these | ||
fees. If the
restricted driving permit was issued for | ||
employment purposes, then this
provision does not apply to | ||
the operation of an occupational vehicle owned or
leased by | ||
that person's employer. In each case the Secretary may | ||
issue a
restricted driving permit for a period deemed | ||
appropriate, except that all
permits shall expire within | ||
one year from the date of issuance. The Secretary
may not, | ||
however, issue a restricted driving permit to any person | ||
whose current
revocation is the result of a second or | ||
subsequent conviction for a violation
of Section 11-501 of | ||
this Code or a similar provision of a local ordinance
| ||
relating to the offense of operating or being in physical | ||
control of a motor
vehicle while under the influence of | ||
alcohol, other drug or drugs, intoxicating
compound or | ||
compounds, or any similar out-of-state offense, or any | ||
combination
of those offenses, until the expiration of at | ||
least one year from the date of
the revocation. A
|
restricted driving permit issued under this Section shall | ||
be subject to
cancellation, revocation, and suspension by | ||
the Secretary of State in like
manner and for like cause as | ||
a driver's license issued under this Code may be
cancelled, | ||
revoked, or suspended; except that a conviction upon one or | ||
more
offenses against laws or ordinances regulating the | ||
movement of traffic
shall be deemed sufficient cause for | ||
the revocation, suspension, or
cancellation of a | ||
restricted driving permit. The Secretary of State may, as
a | ||
condition to the issuance of a restricted driving permit, | ||
require the
applicant to participate in a designated driver | ||
remedial or rehabilitative
program. The Secretary of State | ||
is authorized to cancel a restricted
driving permit if the | ||
permit holder does not successfully complete the program.
| ||
(c-5) The Secretary of State may, as a condition of the | ||
reissuance of a
driver's license or permit to an applicant | ||
whose driver's license or permit has
been suspended before he | ||
or she reached the age of 18 years pursuant to any of
the | ||
provisions of this Section, require the applicant to | ||
participate in a
driver remedial education course and be | ||
retested under Section 6-109 of this
Code.
| ||
(d) This Section is subject to the provisions of the | ||
Drivers License
Compact.
| ||
(e) The Secretary of State shall not issue a restricted | ||
driving permit to
a person under the age of 16 years whose | ||
driving privileges have been suspended
or revoked under any | ||
provisions of this Code.
| ||
(Source: P.A. 92-283, eff. 1-1-02; 92-418, eff. 8-17-01; | ||
92-458, eff.
8-22-01; 92-651, eff. 7-11-02; 92-804, eff. | ||
1-1-03; 92-814, eff. 1-1-03;
93-120, eff. 1-1-04; 93-667, eff. | ||
3-19-04; 93-788, eff. 1-1-05; 93-955, eff. 8-19-04; revised | ||
10-22-04.)
| ||
(625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
| ||
Sec. 6-508. Commercial Driver's License (CDL) - | ||
qualification standards.
|
(a) Testing.
| ||
(1) General. No person shall be issued an original or | ||
renewal CDL
unless that person is
domiciled in this State. | ||
The Secretary shall cause to be administered such
tests as | ||
the Secretary deems necessary to meet the requirements of | ||
49
C.F.R. Part 383, subparts G and H.
| ||
(2) Third party testing. The Secretary of state may | ||
authorize a
"third party tester", pursuant to 49 C.F.R. | ||
Part 383.75, to administer the
skills test or tests | ||
specified by Federal Highway Administration pursuant to | ||
the
Commercial Motor Vehicle Safety Act of 1986 and any | ||
appropriate federal rule.
| ||
(b) Waiver of Skills Test. The Secretary of State may waive | ||
the skills
test specified in this Section for a commercial | ||
driver license applicant
who meets the requirements of 49 | ||
C.F.R. Part 383.77.
| ||
(c) Limitations on issuance of a CDL. A CDL, or a | ||
commercial driver
instruction permit, shall not be issued to a | ||
person while the person is
subject to a disqualification from | ||
driving a commercial motor vehicle, or
unless otherwise | ||
permitted by this Code, while the person's driver's
license is | ||
suspended, revoked or cancelled in
any state, or any territory | ||
or province of Canada; nor may a CDL be issued
to a person who | ||
has a CDL issued by any other state, or foreign
jurisdiction, | ||
unless the person first surrenders all such
licenses. No CDL | ||
shall be issued to or renewed for a person who does not
meet | ||
the requirement of 49 CFR 391.41(b)(11). The requirement may be | ||
met with
the aid of a hearing aid.
| ||
(c-1) The Secretary may issue a CDL with a school bus | ||
driver endorsement
to allow a person to drive the type of bus | ||
described in subsection (d-5) of
Section 6-104 of this Code. | ||
The CDL with a school bus driver endorsement may be
issued only | ||
to a person meeting the following requirements:
| ||
(1) the person has submitted his or her fingerprints to | ||
the
Department of State Police in the form and manner
| ||
prescribed by the Department of State Police. These
|
fingerprints shall be checked against the fingerprint | ||
records
now and hereafter filed in the Department of State | ||
Police and
Federal Bureau of Investigation criminal | ||
history records databases for
fingerprint based criminal | ||
background checks on current and future information
| ||
available in the state system and current information | ||
available through the
Federal Bureau of Investigation's | ||
system ;
| ||
(2) the person has passed a written test, administered | ||
by the Secretary of
State, on charter bus operation, | ||
charter bus safety, and certain special
traffic laws
| ||
relating to school buses determined by the Secretary of | ||
State to be relevant to
charter buses, and submitted to a | ||
review of the applicant's driving
habits by the Secretary | ||
of State at the time the written test is given;
| ||
(3) the person has demonstrated physical fitness to | ||
operate school buses
by
submitting the results of a medical | ||
examination, including tests for drug
use; and
| ||
(4) the person has not been convicted of committing or | ||
attempting
to commit any
one or more of the following | ||
offenses: (i) those offenses defined in
Sections 9-1, | ||
9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
| ||
10-4,
10-5, 10-6, 10-7, 11-6,
11-9, 11-9.1, 11-14, 11-15, | ||
11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1,
11-19.2,
| ||
11-20, 11-20.1, 11-21, 11-22, 12-3.1, 12-4.1, 12-4.2, | ||
12-4.3, 12-4.4,
12-4.5,
12-6, 12-6.2, 12-7.1, 12-7.3, | ||
12-7.4, 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, | ||
12-16.2, 12-21.5, 12-21.6, 12-33,
18-1,
18-2,
18-3, 18-4, | ||
18-5,
20-1, 20-1.1, 20-2, 24-1, 24-1.1, 24-1.2, 24-3.3, | ||
31A-1, 31A-1.1, and
33A-2, and in subsection (a) and | ||
subsection (b), clause (1), of Section
12-4 of the Criminal | ||
Code of 1961; (ii) those offenses defined in the
Cannabis | ||
Control Act except those offenses defined in subsections | ||
(a) and
(b) of Section 4, and subsection (a) of Section 5 | ||
of the Cannabis Control
Act; (iii) those offenses defined | ||
in the Illinois Controlled Substances
Act; (iv) those |
offenses defined in the Methamphetamine Control and | ||
Community Protection Act; (v)
(iv) any offense committed or | ||
attempted in any other state or against
the laws of the | ||
United States, which if committed or attempted in this
| ||
State would be punishable as one or more of the foregoing | ||
offenses; (vi)
(v)
the offenses defined in Sections 4.1 and | ||
5.1 of the Wrongs to Children Act ; and (vii)
(vi) those | ||
offenses defined in Section 6-16 of the Liquor Control Act | ||
of
1934.
| ||
The Department of State Police shall charge
a fee for | ||
conducting the criminal history records check, which shall be
| ||
deposited into the State Police Services Fund and may not | ||
exceed the actual
cost of the records check.
| ||
(d) Commercial driver instruction permit. A commercial | ||
driver
instruction permit may be issued to any person holding a | ||
valid Illinois
driver's license if such person successfully | ||
passes such tests as the
Secretary determines to be necessary.
| ||
A commercial driver instruction permit shall not be issued to a | ||
person who
does not meet
the requirements of 49 CFR 391.41 | ||
(b)(11), except for the renewal of a
commercial driver
| ||
instruction permit for a person who possesses a commercial | ||
instruction permit
prior to the
effective date of this | ||
amendatory Act of 1999.
| ||
(Source: P.A. 93-476, eff. 1-1-04; 93-644, eff. 6-1-04; revised | ||
11-29-04.)
| ||
Section 1045. The Clerks of Courts Act is amended by | ||
changing Section 27.6 as follows: | ||
(705 ILCS 105/27.6)
| ||
Sec. 27.6. (a) All fees, fines, costs, additional | ||
penalties, bail balances
assessed or forfeited, and any other | ||
amount paid by a person to the circuit
clerk equalling an | ||
amount of $55 or more, except the additional fee required
by | ||
subsections (b) and (c), restitution under Section 5-5-6 of the
| ||
Unified Code of Corrections, reimbursement for the costs of an |
emergency
response as provided under Section 11-501 of the | ||
Illinois Vehicle Code,
any fees collected for attending a | ||
traffic safety program under paragraph (c)
of Supreme Court | ||
Rule 529, any fee collected on behalf of a State's Attorney
| ||
under Section 4-2002 of the Counties Code or a sheriff under | ||
Section 4-5001
of the Counties Code, or any cost imposed under | ||
Section 124A-5 of the Code of
Criminal Procedure of 1963, for | ||
convictions, orders of supervision, or any
other disposition | ||
for a violation of Chapters 3, 4, 6, 11, and 12 of the
Illinois | ||
Vehicle Code, or a similar provision of a local ordinance, and | ||
any
violation of the Child Passenger Protection Act, or a | ||
similar provision of a
local ordinance, and except as provided | ||
in subsection (d) shall be disbursed
within 60 days after | ||
receipt by the circuit
clerk as follows: 44.5% shall be | ||
disbursed to the entity authorized by law to
receive the fine | ||
imposed in the case; 16.825% shall be disbursed to the State
| ||
Treasurer; and 38.675% shall be disbursed to the county's | ||
general corporate
fund. Of the 16.825% disbursed to the State | ||
Treasurer, 2/17 shall be deposited
by the State Treasurer into | ||
the Violent Crime Victims Assistance Fund, 5.052/17
shall be | ||
deposited into the Traffic and Criminal Conviction Surcharge | ||
Fund,
3/17 shall be deposited into the Drivers Education Fund, | ||
and 6.948/17 shall be
deposited into the Trauma Center Fund. Of | ||
the 6.948/17 deposited into the
Trauma Center Fund from the | ||
16.825% disbursed to the State Treasurer, 50% shall
be | ||
disbursed to the Department of Public Health and 50% shall be | ||
disbursed to
the Department of Public Aid. For fiscal year | ||
1993, amounts deposited into
the Violent Crime Victims | ||
Assistance Fund, the Traffic and Criminal
Conviction Surcharge | ||
Fund, or the Drivers Education Fund shall not exceed 110%
of | ||
the amounts deposited into those funds in fiscal year 1991. Any
| ||
amount that exceeds the 110% limit shall be distributed as | ||
follows: 50%
shall be disbursed to the county's general | ||
corporate fund and 50% shall be
disbursed to the entity | ||
authorized by law to receive the fine imposed in
the case. Not | ||
later than March 1 of each year the circuit clerk
shall submit |
a report of the amount of funds remitted to the State
Treasurer | ||
under this Section during the preceding year based upon
| ||
independent verification of fines and fees. All counties shall | ||
be subject
to this Section, except that counties with a | ||
population under 2,000,000
may, by ordinance, elect not to be | ||
subject to this Section. For offenses
subject to this Section, | ||
judges shall impose one total sum of money payable
for | ||
violations. The circuit clerk may add on no additional amounts | ||
except
for amounts that are required by Sections 27.3a and | ||
27.3c of
this Act, unless those amounts are specifically waived | ||
by the judge. With
respect to money collected by the circuit | ||
clerk as a result of
forfeiture of bail, ex parte judgment or | ||
guilty plea pursuant to Supreme
Court Rule 529, the circuit | ||
clerk shall first deduct and pay amounts
required by Sections | ||
27.3a and 27.3c of this Act. This Section is a denial
and | ||
limitation of home rule powers and functions under subsection | ||
(h) of
Section 6 of Article VII of the Illinois Constitution.
| ||
(b) In addition to any other fines and court costs assessed | ||
by the courts,
any person convicted or receiving an order of | ||
supervision for driving under
the influence of alcohol or drugs | ||
shall pay an additional fee of $100 to the
clerk of the circuit | ||
court. This amount, less 2 1/2% that shall be used to
defray | ||
administrative costs incurred by the clerk, shall be remitted | ||
by the
clerk to the Treasurer within 60 days after receipt for | ||
deposit into the Trauma
Center Fund. This additional fee of | ||
$100 shall not be considered a part of the
fine for purposes of | ||
any reduction in the fine for time served either before or
| ||
after sentencing. Not later than March 1 of each year the | ||
Circuit Clerk shall
submit a report of the amount of funds | ||
remitted to the State Treasurer under
this subsection during | ||
the preceding calendar year.
| ||
(b-1) In addition to any other fines and court costs | ||
assessed by the courts,
any person convicted or receiving an | ||
order of supervision for driving under the
influence of alcohol | ||
or drugs shall pay an additional fee of $5 to the clerk
of the | ||
circuit court. This amount, less
2 1/2% that shall be used to |
defray administrative costs incurred by the clerk,
shall be | ||
remitted by the clerk to the Treasurer within 60 days after | ||
receipt
for deposit into the Spinal Cord Injury Paralysis Cure | ||
Research Trust Fund.
This additional fee of $5 shall not
be | ||
considered a part of the fine for purposes of any reduction in | ||
the fine for
time served either before or after sentencing. Not | ||
later than March 1 of each
year the Circuit Clerk shall submit | ||
a report of the amount of funds remitted to
the State Treasurer | ||
under this subsection during the preceding calendar
year.
| ||
(c) In addition to any other fines and court costs assessed | ||
by the courts,
any person convicted for a violation of Sections | ||
24-1.1, 24-1.2, or 24-1.5 of
the Criminal Code of 1961 or a | ||
person sentenced for a violation of the Cannabis
Control Act ,
| ||
or the Illinois Controlled Substances
Substance Act , or the | ||
Methamphetamine Control and Community Protection Act
shall pay | ||
an additional fee of $100 to the clerk
of the circuit court. | ||
This amount, less
2 1/2% that shall be used to defray | ||
administrative costs incurred by the clerk,
shall be remitted | ||
by the clerk to the Treasurer within 60 days after receipt
for | ||
deposit into the Trauma Center Fund. This additional fee of | ||
$100 shall not
be considered a part of the fine for purposes of | ||
any reduction in the fine for
time served either before or | ||
after sentencing. Not later than March 1 of each
year the | ||
Circuit Clerk shall submit a report of the amount of funds | ||
remitted to
the State Treasurer under this subsection during | ||
the preceding calendar year.
| ||
(c-1) In addition to any other fines and court costs | ||
assessed by the
courts, any person sentenced for a violation of | ||
the Cannabis Control Act ,
or
the Illinois Controlled Substances | ||
Act , or the Methamphetamine Control and Community Protection | ||
Act shall pay an additional fee of $5 to the
clerk of the | ||
circuit court. This amount, less 2 1/2% that shall be used to
| ||
defray administrative costs incurred by the clerk, shall be | ||
remitted by the
clerk to the Treasurer within 60 days after | ||
receipt for deposit into the Spinal
Cord Injury Paralysis Cure | ||
Research Trust Fund. This additional fee of $5
shall not be |
considered a part of the fine for purposes of any reduction in | ||
the
fine for time served either before or after sentencing. Not | ||
later than March 1
of each year the Circuit Clerk shall submit | ||
a report of the amount of funds
remitted to the State Treasurer | ||
under this subsection during the preceding
calendar year.
| ||
(d) The following amounts must be remitted to the State | ||
Treasurer for
deposit into the Illinois Animal Abuse Fund:
| ||
(1) 50% of the amounts collected for felony offenses | ||
under Sections
3, 3.01, 3.02, 3.03, 4, 4.01, 4.03, 4.04, 5, | ||
5.01, 6, 7, 7.5, 7.15, and 16
of the Humane Care for | ||
Animals Act and Section 26-5 of the Criminal Code of
1961;
| ||
(2) 20% of the amounts collected for Class A and Class | ||
B misdemeanors
under Sections 3, 3.01, 4, 4.01, 4.03, 4.04, | ||
5, 5.01, 6, 7, 7.1, 7.5, 7.15,
and 16 of the Humane Care | ||
for Animals Act and Section 26-5 of the Criminal
Code of | ||
1961; and
| ||
(3) 50% of the amounts collected for Class C | ||
misdemeanors under Sections
4.01 and 7.1 of the Humane Care | ||
for Animals Act and Section 26-5 of the
Criminal Code of | ||
1961.
| ||
(Source: P.A. 92-431, eff. 1-1-02; 92-454, eff. 1-1-02; 92-650, | ||
eff. 7-11-02; 92-651, eff. 7-11-02; 93-800, eff. 1-1-05.)
| ||
Section 1050. The Juvenile Court Act of 1987 is amended by | ||
changing Sections 1-7, 1-8, 5-130, 5-601, 5-615, 5-710, 5-715, | ||
5-805, and 5-901 as follows:
| ||
(705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
| ||
Sec. 1-7. Confidentiality of law enforcement records.
| ||
(A) Inspection and copying of law enforcement records | ||
maintained by law
enforcement agencies that relate to a minor | ||
who has been arrested or taken
into custody before his or her | ||
17th birthday shall be restricted to the
following:
| ||
(1) Any local, State or federal law enforcement | ||
officers of any
jurisdiction or agency when necessary for | ||
the discharge of their official
duties during the |
investigation or prosecution of a crime or relating to a
| ||
minor who has been adjudicated delinquent and there has | ||
been a previous finding
that the act which constitutes the | ||
previous offense was committed in
furtherance of criminal | ||
activities by a criminal street gang. For purposes of
this | ||
Section, "criminal street gang" has the meaning ascribed to | ||
it in
Section 10 of the Illinois Streetgang Terrorism | ||
Omnibus Prevention Act.
| ||
(2) Prosecutors, probation officers, social workers, | ||
or other
individuals assigned by the court to conduct a | ||
pre-adjudication or
pre-disposition investigation, and | ||
individuals responsible for supervising
or providing | ||
temporary or permanent care and custody for minors pursuant | ||
to
the order of the juvenile court, when essential to | ||
performing their
responsibilities.
| ||
(3) Prosecutors and probation officers:
| ||
(a) in the course of a trial when institution of | ||
criminal proceedings
has been permitted or required | ||
under Section 5-805; or
| ||
(b) when institution of criminal proceedings has | ||
been permitted or required under Section 5-805 and such | ||
minor is the
subject
of a proceeding to determine the | ||
amount of bail; or
| ||
(c) when criminal proceedings have been permitted
| ||
or
required under Section 5-805 and such minor is the | ||
subject of a
pre-trial
investigation, pre-sentence | ||
investigation, fitness hearing, or proceedings
on an | ||
application for probation.
| ||
(4) Adult and Juvenile Prisoner Review Board.
| ||
(5) Authorized military personnel.
| ||
(6) Persons engaged in bona fide research, with the | ||
permission of the
Presiding Judge of the Juvenile Court and | ||
the chief executive of the respective
law enforcement | ||
agency; provided that publication of such research results
| ||
in no disclosure of a minor's identity and protects the | ||
confidentiality
of the minor's record.
|
(7) Department of Children and Family Services child | ||
protection
investigators acting in their official | ||
capacity.
| ||
(8) The appropriate school official. Inspection and | ||
copying
shall be limited to law enforcement records | ||
transmitted to the appropriate
school official by a local | ||
law enforcement agency under a reciprocal reporting
system | ||
established and maintained between the school district and | ||
the local law
enforcement agency under Section 10-20.14 of | ||
the School Code concerning a minor
enrolled in a school | ||
within the school district who has been arrested or taken
| ||
into custody for any of the following offenses:
| ||
(i) unlawful use of weapons under Section 24-1 of | ||
the Criminal Code of
1961;
| ||
(ii) a violation of the Illinois Controlled | ||
Substances Act;
| ||
(iii) a violation of the Cannabis Control Act; or
| ||
(iv) a forcible felony as defined in Section 2-8 of | ||
the Criminal Code
of 1961 ; or . | ||
(v) a violation of the Methamphetamine Control and | ||
Community Protection Act.
| ||
(9) Mental health professionals on behalf of the | ||
Illinois Department of
Corrections or the Department of | ||
Human Services or prosecutors who are
evaluating, | ||
prosecuting, or investigating a potential or actual | ||
petition
brought
under the Sexually Violent Persons | ||
Commitment Act relating to a person who is
the
subject of | ||
juvenile law enforcement records or the respondent to a | ||
petition
brought under the Sexually Violent Persons | ||
Commitment Act who is the subject of
the
juvenile law | ||
enforcement records sought.
Any records and any | ||
information obtained from those records under this
| ||
paragraph (9) may be used only in sexually violent persons | ||
commitment
proceedings.
| ||
(B) (1) Except as provided in paragraph (2), no law | ||
enforcement
officer or other person or agency may knowingly |
transmit to the Department of
Corrections, Adult Division | ||
or the Department of State Police or to the Federal
Bureau | ||
of Investigation any fingerprint or photograph relating to | ||
a minor who
has been arrested or taken into custody before | ||
his or her 17th birthday,
unless the court in proceedings | ||
under this Act authorizes the transmission or
enters an | ||
order under Section 5-805 permitting or requiring the
| ||
institution of
criminal proceedings.
| ||
(2) Law enforcement officers or other persons or | ||
agencies shall transmit
to the Department of State Police | ||
copies of fingerprints and descriptions
of all minors who | ||
have been arrested or taken into custody before their
17th | ||
birthday for the offense of unlawful use of weapons under | ||
Article 24 of
the Criminal Code of 1961, a Class X or Class | ||
1 felony, a forcible felony as
defined in Section 2-8 of | ||
the Criminal Code of 1961, or a Class 2 or greater
felony | ||
under the Cannabis Control Act, the Illinois Controlled | ||
Substances Act, the Methamphetamine Control and Community | ||
Protection Act,
or Chapter 4 of the Illinois Vehicle Code, | ||
pursuant to Section 5 of the
Criminal Identification Act. | ||
Information reported to the Department pursuant
to this | ||
Section may be maintained with records that the Department | ||
files
pursuant to Section 2.1 of the Criminal | ||
Identification Act. Nothing in this
Act prohibits a law | ||
enforcement agency from fingerprinting a minor taken into
| ||
custody or arrested before his or her 17th birthday for an | ||
offense other than
those listed in this paragraph (2).
| ||
(C) The records of law enforcement officers concerning all | ||
minors under
17 years of age must be maintained separate from | ||
the records of arrests and
may not be open to public inspection | ||
or their contents disclosed to the
public except by order of | ||
the court or when the institution of criminal
proceedings has | ||
been permitted or required under Section
5-805 or such a person | ||
has been convicted of a crime and is the
subject of
| ||
pre-sentence investigation or proceedings on an application | ||
for probation
or when provided by law.
|
(D) Nothing contained in subsection (C) of this Section | ||
shall prohibit
the inspection or disclosure to victims and | ||
witnesses of photographs
contained in the records of law | ||
enforcement agencies when the
inspection and disclosure is | ||
conducted in the presence of a law enforcement
officer for the | ||
purpose of the identification or apprehension of any person
| ||
subject to the provisions of this Act or for the investigation | ||
or
prosecution of any crime.
| ||
(E) Law enforcement officers may not disclose the identity | ||
of any minor
in releasing information to the general public as | ||
to the arrest, investigation
or disposition of any case | ||
involving a minor.
| ||
(F) Nothing contained in this Section shall prohibit law | ||
enforcement
agencies from communicating with each other by | ||
letter, memorandum, teletype or
intelligence alert bulletin or | ||
other means the identity or other relevant
information | ||
pertaining to a person under 17 years of age if there are
| ||
reasonable grounds to believe that the person poses a real and | ||
present danger
to the safety of the public or law enforcement | ||
officers. The information
provided under this subsection (F) | ||
shall remain confidential and shall not
be publicly disclosed, | ||
except as otherwise allowed by law.
| ||
(G) Nothing in this Section shall prohibit the right of a | ||
Civil Service
Commission or appointing authority of any state, | ||
county or municipality
examining the character and fitness of | ||
an applicant for employment with a law
enforcement agency, | ||
correctional institution, or fire department
from obtaining | ||
and examining the
records of any law enforcement agency | ||
relating to any record of the applicant
having been arrested or | ||
taken into custody before the applicant's 17th
birthday.
| ||
(Source: P.A. 91-357, eff. 7-29-99; 91-368, eff.
1-1-00; | ||
92-415, eff. 8-17-01.)
| ||
(705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
| ||
Sec. 1-8. Confidentiality and accessibility of juvenile | ||
court records.
|
(A) Inspection and copying of juvenile court records | ||
relating to a minor
who is the subject of a proceeding under | ||
this Act shall be restricted to the
following:
| ||
(1) The minor who is the subject of record, his | ||
parents, guardian
and counsel.
| ||
(2) Law enforcement officers and law enforcement | ||
agencies when such
information is essential to executing an | ||
arrest or search warrant or other
compulsory process, or to | ||
conducting an ongoing investigation
or relating to a minor | ||
who
has been adjudicated delinquent and there has been a | ||
previous finding that
the act which constitutes the | ||
previous offense was committed in furtherance
of criminal | ||
activities by a criminal street gang.
| ||
Before July 1, 1994, for the purposes of this Section, | ||
"criminal street
gang" means any ongoing
organization, | ||
association, or group of 3 or more persons, whether formal | ||
or
informal, having as one of its primary activities the | ||
commission of one or
more criminal acts and that has a | ||
common name or common identifying sign,
symbol or specific | ||
color apparel displayed, and whose members individually
or | ||
collectively engage in or have engaged in a pattern of | ||
criminal activity.
| ||
Beginning July 1, 1994, for purposes of this Section, | ||
"criminal street
gang" has the meaning ascribed to it in | ||
Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||
Prevention Act.
| ||
(3) Judges, hearing officers, prosecutors, probation | ||
officers, social
workers or other
individuals assigned by | ||
the court to conduct a pre-adjudication or
predisposition | ||
investigation, and individuals responsible for supervising
| ||
or providing temporary or permanent care and custody for | ||
minors pursuant
to the order of the juvenile court when | ||
essential to performing their
responsibilities.
| ||
(4) Judges, prosecutors and probation officers:
| ||
(a) in the course of a trial when institution of | ||
criminal proceedings
has been permitted or required |
under Section 5-805; or
| ||
(b) when criminal proceedings have been permitted
| ||
or
required under Section 5-805 and a minor is the | ||
subject of a
proceeding to
determine the amount of | ||
bail; or
| ||
(c) when criminal proceedings have been permitted
| ||
or
required under Section 5-805 and a minor is the | ||
subject of a
pre-trial
investigation, pre-sentence | ||
investigation or fitness hearing, or
proceedings on an | ||
application for probation; or
| ||
(d) when a minor becomes 17 years of age or older, | ||
and is the subject
of criminal proceedings, including a | ||
hearing to determine the amount of
bail, a pre-trial | ||
investigation, a pre-sentence investigation, a fitness
| ||
hearing, or proceedings on an application for | ||
probation.
| ||
(5) Adult and Juvenile Prisoner Review Boards.
| ||
(6) Authorized military personnel.
| ||
(7) Victims, their subrogees and legal | ||
representatives; however, such
persons shall have access | ||
only to the name and address of the minor and
information | ||
pertaining to the disposition or alternative adjustment | ||
plan
of the juvenile court.
| ||
(8) Persons engaged in bona fide research, with the | ||
permission of the
presiding judge of the juvenile court and | ||
the chief executive of the agency
that prepared the | ||
particular records; provided that publication of such
| ||
research results in no disclosure of a minor's identity and | ||
protects the
confidentiality of the record.
| ||
(9) The Secretary of State to whom the Clerk of the | ||
Court shall report
the disposition of all cases, as | ||
required in Section 6-204 of the Illinois
Vehicle Code. | ||
However, information reported relative to these offenses | ||
shall
be privileged and available only to the Secretary of | ||
State, courts, and police
officers.
| ||
(10) The administrator of a bonafide substance abuse |
student
assistance program with the permission of the | ||
presiding judge of the
juvenile court.
| ||
(11) Mental health professionals on behalf of the | ||
Illinois Department of
Corrections or the Department of | ||
Human Services or prosecutors who are
evaluating, | ||
prosecuting, or investigating a potential or actual | ||
petition
brought
under the Sexually Persons Commitment Act | ||
relating to a person who is the
subject of
juvenile court | ||
records or the respondent to a petition brought under
the
| ||
Sexually Violent Persons Commitment Act, who is the subject | ||
of juvenile
court records
sought. Any records and any | ||
information obtained from those records under this
| ||
paragraph (11) may be used only in sexually violent persons | ||
commitment
proceedings.
| ||
(B) A minor who is the victim in a juvenile proceeding | ||
shall be
provided the same confidentiality regarding | ||
disclosure of identity as the
minor who is the subject of | ||
record.
| ||
(C) Except as otherwise provided in this subsection (C), | ||
juvenile court
records shall not be made available to the | ||
general public
but may be inspected by representatives of | ||
agencies, associations and news
media or other properly | ||
interested persons by general or special order of
the court. | ||
The State's Attorney, the minor, his parents, guardian and | ||
counsel
shall at all times have the right to examine court | ||
files and records.
| ||
(1) The
court shall allow the general public to have | ||
access to the name, address, and offense of a minor
who is | ||
adjudicated a delinquent minor under this Act under either | ||
of the
following circumstances:
| ||
(A) The
adjudication of
delinquency was based upon | ||
the
minor's
commission of first degree murder, attempt | ||
to commit first degree
murder, aggravated criminal | ||
sexual assault, or criminal sexual assault; or
| ||
(B) The court has made a finding that the minor was | ||
at least 13 years of
age
at the time the act was |
committed and the adjudication of delinquency was | ||
based
upon the minor's commission of: (i)
an act in | ||
furtherance of the commission of a felony as a member | ||
of or on
behalf of a criminal street
gang, (ii) an act | ||
involving the use of a firearm in the commission of a
| ||
felony, (iii) an act that would be a Class X felony | ||
offense
under or
the minor's second or subsequent
Class | ||
2 or greater felony offense under the Cannabis Control | ||
Act if committed by an adult,
(iv) an act that would be | ||
a second or subsequent offense under Section 402 of
the | ||
Illinois Controlled Substances Act if committed by an | ||
adult, or (v) an act
that would be an offense under | ||
Section 401 of the Illinois Controlled
Substances Act | ||
if committed by an adult , (vi) an act that would be a | ||
second or subsequent offense under Section 60 of the | ||
Methamphetamine Control and Community Protection Act, | ||
or (vii) an act that would be an offense under another | ||
Section of the Methamphetamine Control and Community | ||
Protection Act .
| ||
(2) The court
shall allow the general public to have | ||
access to the name, address, and offense of a minor who is | ||
at least 13 years of age at
the time the offense
is | ||
committed and who is convicted, in criminal proceedings
| ||
permitted or required under Section 5-4, under either of | ||
the following
circumstances:
| ||
(A) The minor has been convicted of first degree | ||
murder, attempt
to commit first degree
murder, | ||
aggravated criminal sexual
assault, or criminal sexual | ||
assault,
| ||
(B) The court has made a finding that the minor was | ||
at least 13 years
of age
at the time the offense was | ||
committed and the conviction was based upon the
minor's | ||
commission of: (i)
an offense in
furtherance of the | ||
commission of a felony as a member of or on behalf of a
| ||
criminal street gang, (ii) an offense
involving the use | ||
of a firearm in the commission of a felony, (iii)
a |
Class X felony offense under or a second or subsequent | ||
Class 2 or
greater felony offense under the Cannabis | ||
Control Act, (iv) a
second or subsequent offense under | ||
Section 402 of the Illinois
Controlled Substances Act, | ||
or (v) an offense under Section 401 of the Illinois
| ||
Controlled Substances Act , (vi) an act that would be a | ||
second or subsequent offense under Section 60 of the | ||
Methamphetamine Control and Community Protection Act, | ||
or (vii) an act that would be an offense under another | ||
Section of the Methamphetamine Control and Community | ||
Protection Act .
| ||
(D) Pending or following any adjudication of delinquency | ||
for
any offense defined
in Sections 12-13 through 12-16 of the | ||
Criminal Code of 1961,
the victim of any such offense shall | ||
receive the
rights set out in Sections 4 and 6 of the Bill of
| ||
Rights for Victims and Witnesses of Violent Crime Act; and the
| ||
juvenile who is the subject of the adjudication, | ||
notwithstanding any other
provision of this Act, shall be | ||
treated
as an adult for the purpose of affording such rights to | ||
the victim.
| ||
(E) Nothing in this Section shall affect the right of a | ||
Civil Service
Commission or appointing authority of any state, | ||
county or municipality
examining the character and fitness of
| ||
an applicant for employment with a law enforcement
agency, | ||
correctional institution, or fire department to
ascertain
| ||
whether that applicant was ever adjudicated to be a delinquent | ||
minor and,
if so, to examine the records of disposition or | ||
evidence which were made in
proceedings under this Act.
| ||
(F) Following any adjudication of delinquency for a crime | ||
which would be
a felony if committed by an adult, or following | ||
any adjudication of delinquency
for a violation of Section | ||
24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961, the | ||
State's Attorney shall ascertain
whether the minor respondent | ||
is enrolled in school and, if so, shall provide
a copy of the | ||
dispositional order to the principal or chief administrative
| ||
officer of the school. Access to such juvenile records shall be |
limited
to the principal or chief administrative officer of the | ||
school and any guidance
counselor designated by him.
| ||
(G) Nothing contained in this Act prevents the sharing or
| ||
disclosure of information or records relating or pertaining to | ||
juveniles
subject to the provisions of the Serious Habitual | ||
Offender Comprehensive
Action Program when that information is | ||
used to assist in the early
identification and treatment of | ||
habitual juvenile offenders.
| ||
(H) When a Court hearing a proceeding under Article II of | ||
this Act becomes
aware that an earlier proceeding under Article | ||
II had been heard in a different
county, that Court shall | ||
request, and the Court in which the earlier
proceedings were | ||
initiated shall transmit, an authenticated copy of the Court
| ||
record, including all documents, petitions, and orders filed | ||
therein and the
minute orders, transcript of proceedings, and | ||
docket entries of the Court.
| ||
(I) The Clerk of the Circuit Court shall report to the | ||
Department of
State
Police, in the form and manner required by | ||
the Department of State Police, the
final disposition of each | ||
minor who has been arrested or taken into custody
before his or | ||
her 17th birthday for those offenses required to be reported
| ||
under Section 5 of the Criminal Identification Act. Information | ||
reported to
the Department under this Section may be maintained | ||
with records that the
Department files under Section 2.1 of the | ||
Criminal Identification Act.
| ||
(Source: P.A. 91-357, eff. 7-29-99; 91-368, eff. 1-1-00, | ||
92-415, eff.
8-17-01.)
| ||
(705 ILCS 405/5-130)
| ||
Sec. 5-130. Excluded jurisdiction.
| ||
(1) (a) The definition of delinquent minor under Section | ||
5-120 of this
Article shall not apply to any minor who at the | ||
time of an offense was at
least 15 years of age and who is | ||
charged with first degree murder, aggravated
criminal sexual | ||
assault, aggravated battery with a firearm committed in a
| ||
school, on the real property comprising a school, within 1,000 |
feet of the real
property comprising a school, at a school | ||
related activity, or on, boarding, or
departing from any | ||
conveyance owned, leased, or contracted by a school or
school | ||
district to transport
students to or from school or a school | ||
related activity regardless of the time
of day or time of year | ||
that the offense was committed, armed robbery when the
armed | ||
robbery was committed with a firearm, or aggravated vehicular | ||
hijacking
when the hijacking was committed with a firearm.
| ||
These charges and all other charges arising out of the same | ||
incident shall
be prosecuted under the criminal laws of this | ||
State.
| ||
For purposes of this paragraph (a) of subsection (l):
| ||
"School" means a public or private elementary or secondary | ||
school, community
college, college, or university.
| ||
"School related activity" means any sporting, social, | ||
academic or other
activity for which students' attendance or | ||
participation is sponsored,
organized, or funded in whole or in | ||
part by a school or school district.
| ||
(b) (i) If before trial or plea an information or | ||
indictment is filed that
does not charge an offense specified | ||
in paragraph (a) of this subsection
(1) the State's Attorney | ||
may proceed on any lesser charge or charges, but
only in | ||
Juvenile Court under the provisions of this Article. The | ||
State's
Attorney may proceed under the Criminal Code of 1961 on | ||
a lesser charge if
before trial the minor defendant knowingly | ||
and with advice of counsel waives,
in writing, his or her right | ||
to have the matter proceed in Juvenile Court.
| ||
(ii) If before trial or plea an information or indictment | ||
is filed that
includes one or more charges specified in | ||
paragraph (a) of this subsection
(1) and
additional charges | ||
that are not specified in that paragraph, all of the charges
| ||
arising out of the same incident shall be prosecuted under the | ||
Criminal Code of
1961.
| ||
(c) (i) If after trial or plea the minor is convicted of | ||
any offense
covered by paragraph (a) of this subsection (1), | ||
then, in sentencing the minor,
the court shall have available |
any or all dispositions prescribed for that
offense under | ||
Chapter V of the Unified Code of Corrections.
| ||
(ii) If after trial or plea the court finds that the minor | ||
committed an
offense not covered by paragraph (a) of this | ||
subsection (1), that finding shall
not invalidate the verdict | ||
or the prosecution of the minor under the criminal
laws of the | ||
State; however, unless the State requests a hearing for the
| ||
purpose of sentencing the minor under Chapter V of the Unified | ||
Code of
Corrections, the Court must proceed under Sections | ||
5-705 and 5-710 of this
Article. To request a hearing, the | ||
State must file a written motion within 10
days following the | ||
entry of a finding or the return of a verdict. Reasonable
| ||
notice of the motion shall be given to the minor or his or her | ||
counsel.
If the motion is made by the State, the court shall | ||
conduct a hearing to
determine if the minor should be sentenced | ||
under Chapter V of the Unified Code
of Corrections. In making | ||
its determination, the court shall consider among
other | ||
matters: (a) whether there is
evidence that the offense was | ||
committed in an aggressive and premeditated
manner; (b) the age | ||
of the minor; (c) the previous history of the
minor; (d) | ||
whether there are facilities particularly available to the | ||
Juvenile
Court or the Department of Corrections, Juvenile | ||
Division, for the treatment
and rehabilitation of the minor; | ||
(e) whether
the security of the public requires sentencing | ||
under Chapter V of the
Unified Code of Corrections; and (f) | ||
whether the minor possessed a deadly
weapon when committing the | ||
offense. The rules of evidence shall be the same as
if at | ||
trial. If after the hearing the court finds that the minor | ||
should be
sentenced under Chapter V of the Unified Code of | ||
Corrections, then the court
shall sentence the minor | ||
accordingly having available to it any or all
dispositions so | ||
prescribed.
| ||
(2) (a) The definition of a delinquent minor under Section
| ||
5-120 of
this Article shall not apply to any minor who at the | ||
time of the offense was at
least 15 years of age and who is | ||
charged with an offense under Section 401 of
the Illinois |
Controlled Substances Act or an offense under the | ||
Methamphetamine Control and Community Protection Act , while in | ||
a school, regardless of the
time of day or the time of year, or | ||
any conveyance owned, leased or contracted
by a school to | ||
transport students to or from school or a school related
| ||
activity, or residential property owned, operated or managed by | ||
a public
housing agency or leased by a public housing agency as | ||
part of a scattered
site or mixed-income development, on the | ||
real property comprising any school,
regardless of the time of | ||
day or the time of year, or residential property
owned, | ||
operated or managed by a public housing agency or leased by a | ||
public
housing agency as part of a scattered site or | ||
mixed-income development, or
on a public way within 1,000 feet | ||
of the real property comprising any school,
regardless of the | ||
time of day or the time of year, or
residential property owned, | ||
operated or managed by a public housing agency
or leased by a | ||
public housing agency as part of a scattered site or
| ||
mixed-income development. School is defined, for the purposes | ||
of this Section,
as any public or private elementary or | ||
secondary school, community college,
college, or university. | ||
These charges and all other charges arising out of the
same | ||
incident shall be prosecuted under the criminal laws of this | ||
State.
| ||
(b) (i) If before trial or plea an information or | ||
indictment is filed
that
does not charge an offense specified | ||
in paragraph (a) of this subsection (2)
the State's Attorney | ||
may proceed on any lesser charge or charges, but only in
| ||
Juvenile Court under the provisions of this Article. The | ||
State's Attorney may
proceed under the criminal laws of this | ||
State on a lesser charge if before
trial the minor defendant | ||
knowingly and with advice of counsel waives,
in writing, his or | ||
her right to have the matter proceed in Juvenile Court.
| ||
(ii) If before trial or plea an information or indictment | ||
is filed that
includes one or more charges specified in | ||
paragraph (a) of this subsection (2)
and additional charges | ||
that are not specified in that paragraph, all of the
charges |
arising out of the same incident shall be prosecuted under the | ||
criminal
laws of this State.
| ||
(c) (i) If after trial or plea the minor is convicted of | ||
any offense
covered by paragraph (a) of this subsection (2), | ||
then, in sentencing the minor,
the court shall have available | ||
any or all dispositions prescribed for that
offense under | ||
Chapter V of the Unified Code of Corrections.
| ||
(ii) If after trial or plea the court finds that the minor | ||
committed an
offense not covered by paragraph (a) of this | ||
subsection (2), that finding shall
not invalidate the verdict | ||
or the prosecution of the minor under the criminal
laws of the | ||
State; however, unless the State requests a hearing for the
| ||
purpose of sentencing the minor under Chapter V of the Unified | ||
Code of
Corrections, the Court must proceed under Sections | ||
5-705 and 5-710 of this
Article. To request a hearing, the | ||
State must file a written motion within 10
days following the | ||
entry of a finding or the return of a verdict. Reasonable
| ||
notice of the motion shall be given to the minor or his or her | ||
counsel. If the
motion is made by the State, the court shall | ||
conduct a hearing to determine
if the minor should be sentenced | ||
under Chapter V of the Unified Code of
Corrections. In making | ||
its determination, the court shall consider among
other | ||
matters: (a) whether there is evidence that the offense was | ||
committed
in an aggressive and premeditated manner; (b) the age | ||
of the minor; (c) the
previous history of the minor; (d) | ||
whether there are facilities particularly
available to the | ||
Juvenile Court or the Department of Corrections, Juvenile
| ||
Division, for the treatment and rehabilitation of the minor; | ||
(e) whether the
security of the public requires sentencing | ||
under Chapter V of the Unified Code
of Corrections; and (f) | ||
whether the minor possessed a deadly weapon when
committing the | ||
offense. The rules of evidence shall be the same as if at
| ||
trial. If after the hearing the court finds that the minor | ||
should be sentenced
under Chapter V of the Unified Code of | ||
Corrections, then the court shall
sentence the minor | ||
accordingly having available to it any or all dispositions
so |
prescribed.
| ||
(3) (a) The definition of delinquent minor under Section
| ||
5-120 of this
Article shall not apply to any minor who at the | ||
time of the offense was at
least 15 years of age and who is | ||
charged with a violation of the provisions of
paragraph (1), | ||
(3), (4), or (10) of subsection (a) of Section 24-1 of the
| ||
Criminal Code of 1961 while in school, regardless of the time | ||
of day or the
time of year, or on the real property comprising | ||
any school, regardless of the
time of day or the time of year. | ||
School is defined, for purposes of this
Section as any public | ||
or private elementary or secondary school, community
college, | ||
college, or university. These charges and all other charges | ||
arising
out of the same incident shall be prosecuted under the | ||
criminal laws of this
State.
| ||
(b) (i) If before trial or plea an information or | ||
indictment is filed that
does not charge an offense specified | ||
in paragraph (a) of this subsection (3)
the State's Attorney | ||
may proceed on any lesser charge or charges, but only in
| ||
Juvenile Court under the provisions of this Article. The | ||
State's Attorney may
proceed under the criminal laws of this | ||
State on a lesser charge if before
trial the minor defendant | ||
knowingly and with advice of counsel waives, in
writing, his or | ||
her right to have the matter proceed in Juvenile Court.
| ||
(ii) If before trial or plea an information or indictment | ||
is filed that
includes one or more charges specified in | ||
paragraph (a) of this subsection (3)
and additional charges | ||
that are not specified in that paragraph, all of the
charges | ||
arising out of the same incident shall be prosecuted under the | ||
criminal
laws of this State.
| ||
(c) (i) If after trial or plea the minor is convicted of | ||
any offense
covered by paragraph (a) of this subsection (3), | ||
then, in sentencing the minor,
the court shall have available | ||
any or all dispositions prescribed for that
offense under | ||
Chapter V of the Unified Code of Corrections.
| ||
(ii) If after trial or plea the court finds that the minor | ||
committed an
offense not covered by paragraph (a) of this |
subsection (3), that finding shall
not invalidate the verdict | ||
or the prosecution of the minor under the criminal
laws of the | ||
State; however, unless the State requests a hearing for the
| ||
purpose of sentencing the minor under Chapter V of the Unified | ||
Code of
Corrections, the Court must proceed under Sections | ||
5-705 and 5-710 of this
Article. To request a hearing, the | ||
State must file a written motion within 10
days following the | ||
entry of a finding or the return of a verdict. Reasonable
| ||
notice of the motion shall be given to the minor or his or her | ||
counsel. If the
motion is made by the State, the court shall | ||
conduct a hearing to determine if
the minor should be sentenced | ||
under Chapter V of the Unified Code of
Corrections. In making | ||
its determination, the court shall consider
among other | ||
matters: (a) whether there is
evidence that the offense was | ||
committed in an aggressive and premeditated
manner; (b) the age | ||
of the minor; (c) the previous history of the
minor; (d) | ||
whether there are facilities particularly available to the | ||
Juvenile
Court or the Department of Corrections, Juvenile | ||
Division, for the treatment
and rehabilitation of the minor; | ||
(e) whether
the security of the public requires sentencing | ||
under Chapter V of the
Unified Code of Corrections; and (f) | ||
whether the minor possessed a deadly
weapon when committing the | ||
offense. The rules of evidence shall be the same as
if at | ||
trial. If after the hearing the court finds that the minor | ||
should be
sentenced under Chapter V of the Unified Code of | ||
Corrections, then the court
shall sentence the minor | ||
accordingly having available to it any or all
dispositions so | ||
prescribed.
| ||
(4) (a) The definition of delinquent minor under Section | ||
5-120 of this
Article
shall not apply to any minor who at the | ||
time of an offense was at least 13
years of age and who is | ||
charged with first degree murder committed during the
course of | ||
either aggravated criminal sexual assault, criminal sexual | ||
assault,
or aggravated kidnaping. However, this subsection (4) | ||
does not include a minor
charged with first degree murder based | ||
exclusively upon the accountability
provisions of the Criminal |
Code of 1961.
| ||
(b) (i) If before trial or plea an information or | ||
indictment is filed that
does not charge first degree murder | ||
committed during the course of aggravated
criminal sexual | ||
assault, criminal
sexual assault, or aggravated kidnaping, the | ||
State's Attorney may proceed on
any lesser charge or charges, | ||
but only in Juvenile Court under the provisions
of this | ||
Article. The State's Attorney may proceed under the criminal | ||
laws of
this State
on a lesser charge if before trial the minor | ||
defendant knowingly and with
advice of counsel waives, in | ||
writing, his or her right to have the matter
proceed in | ||
Juvenile Court.
| ||
(ii) If before trial or plea an information or
indictment | ||
is filed that includes first degree murder committed during the
| ||
course of aggravated criminal sexual assault, criminal sexual | ||
assault, or
aggravated kidnaping, and additional charges that | ||
are not specified in
paragraph (a) of this subsection, all of | ||
the charges arising out of the same
incident shall be | ||
prosecuted under the criminal laws of this State.
| ||
(c) (i) If after trial or plea the minor is convicted of | ||
first degree
murder
committed during the course of aggravated | ||
criminal sexual assault, criminal
sexual assault, or | ||
aggravated kidnaping, in sentencing the minor, the court
shall | ||
have available any or all dispositions prescribed for that | ||
offense under
Chapter V of the Unified Code of Corrections.
| ||
(ii) If the minor was not yet 15
years of age at the time of | ||
the offense, and if after trial or plea the court
finds that | ||
the minor
committed an offense other than first degree murder | ||
committed during
the course of either aggravated criminal | ||
sexual assault, criminal sexual
assault, or aggravated | ||
kidnapping, the finding shall not invalidate the
verdict or the | ||
prosecution of the minor under the criminal laws of the State;
| ||
however, unless the State requests a hearing for the purpose of | ||
sentencing the
minor under
Chapter V of the Unified Code of | ||
Corrections, the Court must proceed under
Sections 5-705 and | ||
5-710 of this Article. To request a hearing, the State must
|
file a written motion within 10 days following the entry of a | ||
finding or the
return of a verdict. Reasonable notice of the | ||
motion shall be given to the
minor or his or her counsel. If | ||
the motion is made by the State, the court
shall conduct a | ||
hearing to determine whether the minor should be sentenced
| ||
under Chapter V of the
Unified Code of Corrections. In making | ||
its determination, the court shall
consider among other | ||
matters: (a) whether there is evidence that the offense
was | ||
committed in an
aggressive and premeditated manner; (b) the age | ||
of the minor; (c) the
previous delinquent history of the minor; | ||
(d) whether there are facilities
particularly available to the | ||
Juvenile Court or the Department of Corrections,
Juvenile | ||
Division,
for the treatment and rehabilitation of the minor; | ||
(e) whether the best
interest of the minor and the security of | ||
the public require sentencing under
Chapter V of the Unified | ||
Code of Corrections; and (f) whether the minor
possessed a | ||
deadly weapon when committing the offense. The rules of | ||
evidence
shall be the same as if at trial. If after the hearing | ||
the court finds that
the minor should be sentenced under | ||
Chapter V of the Unified Code of
Corrections, then the court | ||
shall sentence the minor accordingly having
available to it any | ||
or all dispositions so prescribed.
| ||
(5) (a) The definition of delinquent minor under Section | ||
5-120 of this
Article
shall not apply to any minor who is | ||
charged with a violation of subsection (a)
of Section 31-6 or | ||
Section 32-10 of the Criminal Code of 1961 when the minor is
| ||
subject to prosecution under the criminal laws of this State as | ||
a result of the
application of the provisions of Section 5-125, | ||
or subsection (1) or (2) of
this Section. These charges and all | ||
other charges arising out of the same
incident shall be | ||
prosecuted under the criminal laws of this State.
| ||
(b) (i) If before trial or plea an information or | ||
indictment is filed that
does not charge an offense specified | ||
in paragraph (a) of this subsection (5),
the State's Attorney | ||
may proceed on any lesser charge or charges, but only in
| ||
Juvenile Court under the provisions of this Article. The |
State's Attorney may
proceed under the criminal laws of this | ||
State on a lesser charge if before
trial the minor defendant | ||
knowingly and with advice of counsel waives, in
writing, his or | ||
her right to have the matter proceed in Juvenile Court.
| ||
(ii) If before trial
or plea an information or indictment | ||
is filed that includes one or more charges
specified in | ||
paragraph (a) of this subsection (5) and additional charges | ||
that
are not specified in that paragraph, all of
the charges | ||
arising out of the same incident shall be prosecuted under the
| ||
criminal laws of this State.
| ||
(c) (i) If after trial or plea the minor is convicted of | ||
any offense
covered
by paragraph (a) of this subsection (5), | ||
then, in sentencing the minor, the
court shall have available | ||
any or all dispositions prescribed for that offense
under | ||
Chapter V of the Unified Code of Corrections.
| ||
(ii) If after trial or
plea the court finds that the minor | ||
committed an offense not covered by
paragraph (a) of
this | ||
subsection (5), the conviction shall not invalidate the verdict | ||
or the
prosecution of the minor under the criminal laws of this | ||
State; however,
unless the State requests a hearing for the
| ||
purpose of sentencing the minor under Chapter V of the Unified | ||
Code of
Corrections, the Court must proceed under Sections | ||
5-705 and 5-710 of this
Article.
To request a hearing, the | ||
State must file a written motion within 10 days
following the | ||
entry of a finding or the return of a verdict. Reasonable | ||
notice
of the motion shall be given to the minor or his or her | ||
counsel. If the motion
is made by the State, the court shall | ||
conduct a hearing to determine if whether
the minor should be | ||
sentenced under Chapter V of the Unified Code of
Corrections. | ||
In making its determination, the court shall consider among | ||
other
matters: (a) whether there is evidence that the offense | ||
was committed in an
aggressive and premeditated manner; (b) the | ||
age of the minor; (c) the previous
delinquent history of the | ||
minor; (d) whether there are facilities particularly
available | ||
to the Juvenile Court or the Department of Corrections, | ||
Juvenile
Division, for the treatment and rehabilitation of the |
minor; (e) whether
the security of the public requires | ||
sentencing under Chapter V of the Unified
Code of Corrections; | ||
and (f) whether the minor possessed a deadly weapon when
| ||
committing the offense. The rules of evidence shall be the same | ||
as if at
trial. If after the hearing the court finds that the | ||
minor should be sentenced
under Chapter V of the Unified Code | ||
of Corrections, then the court shall
sentence the minor | ||
accordingly having available to it any or all dispositions
so | ||
prescribed.
| ||
(6) The definition of delinquent minor under Section 5-120 | ||
of this Article
shall not apply to any minor who, pursuant to | ||
subsection (1), (2), or (3) or
Section 5-805, or 5-810, has | ||
previously been placed under the jurisdiction of
the criminal | ||
court and has been convicted of a crime under an adult criminal | ||
or
penal statute. Such a minor shall be subject to prosecution | ||
under the criminal
laws of this State.
| ||
(7) The procedures set out in this Article for the | ||
investigation, arrest and
prosecution of juvenile offenders | ||
shall not apply to minors who are excluded
from jurisdiction of | ||
the Juvenile Court, except that minors under 17 years of
age | ||
shall be kept separate from confined adults.
| ||
(8) Nothing in this Act prohibits or limits the prosecution | ||
of any
minor for an offense committed on or after his or her | ||
17th birthday even though
he or she is at the time of the | ||
offense a ward of the court.
| ||
(9) If an original petition for adjudication of wardship | ||
alleges the
commission by a minor 13 years of age or
over of an | ||
act that constitutes a crime under the laws of this State,
the | ||
minor, with the consent of his or her counsel, may, at any time | ||
before
commencement of the adjudicatory hearing, file with the | ||
court a motion
that criminal prosecution be ordered and that | ||
the petition be dismissed
insofar as the act or acts involved | ||
in the criminal proceedings are
concerned. If such a motion is | ||
filed as herein provided, the court shall
enter its order | ||
accordingly.
| ||
(10) If a minor is subject to the provisions of subsection |
(2) of this
Section, other than a minor charged with a Class X | ||
felony violation of the
Illinois Controlled
Substances Act or | ||
the Methamphetamine Control and Community Protection Act , any | ||
party including the minor or the court sua sponte
may, before | ||
trial,
move for a hearing for the purpose of trying and | ||
sentencing the minor as
a delinquent minor. To request a | ||
hearing, the party must file a motion
prior to trial. | ||
Reasonable notice of the motion shall be given to all
parties. | ||
On its own motion or upon the filing of a motion by one of the
| ||
parties including the minor, the court shall conduct a hearing | ||
to
determine whether the minor should be tried and sentenced as | ||
a
delinquent minor under this Article. In making its | ||
determination, the
court shall consider among other matters:
| ||
(a) The age of the minor;
| ||
(b) Any previous delinquent or criminal history of the | ||
minor;
| ||
(c) Any previous abuse or neglect history of the minor;
| ||
(d) Any mental health or educational history of the minor, | ||
or both; and
| ||
(e) Whether there is probable cause to support the charge, | ||
whether
the minor is charged through accountability, and | ||
whether there is
evidence the minor possessed a deadly weapon | ||
or caused serious
bodily harm during the offense.
| ||
Any material that is relevant and reliable shall be | ||
admissible at the
hearing. In
all cases, the judge shall enter | ||
an order permitting prosecution
under the criminal laws of | ||
Illinois unless the judge makes a finding
based on a | ||
preponderance of the evidence that the minor would be
amenable | ||
to the care, treatment, and training programs available
through | ||
the facilities of the juvenile court based on an evaluation of
| ||
the factors listed in this subsection (10).
| ||
(Source: P.A. 91-15, eff. 1-1-00; 91-673, eff. 12-22-99; 92-16, | ||
eff.
6-28-01; 92-665, eff. 1-1-03.)
| ||
(705 ILCS 405/5-601)
| ||
Sec. 5-601. Trial.
|
(1) When a petition has been filed alleging that the minor | ||
is a
delinquent, a trial
must be held within 120 days of a | ||
written demand for such hearing made by any
party,
except that | ||
when the State, without success, has exercised due diligence to
| ||
obtain evidence material to the case and there are reasonable | ||
grounds to
believe that the evidence may be obtained at a later | ||
date, the court may, upon
motion by the State, continue the | ||
trial for not more than 30 additional days.
| ||
(2) If a minor respondent has multiple delinquency | ||
petitions pending
against him or her in the same county and | ||
simultaneously demands a trial upon
more than
one delinquency | ||
petition pending against him or her in the same county, he or
| ||
she shall
receive a trial or have a finding, after waiver of | ||
trial, upon at least one
such petition before expiration | ||
relative to any of the pending
petitions of the period | ||
described by this Section. All remaining petitions
thus pending | ||
against the minor respondent shall be adjudicated within 160 | ||
days
from the date on which a finding relative to the first | ||
petition prosecuted
is rendered under Section 5-620 of this | ||
Article, or, if the trial upon the
first petition is terminated | ||
without a finding and there is no subsequent
trial, or | ||
adjudication after waiver of trial, on the first petition | ||
within a
reasonable time, the minor shall receive a trial upon | ||
all of the remaining
petitions within 160 days from the date on | ||
which the trial, or finding after
waiver of trial, on the first | ||
petition is concluded. If either such period of
160 days | ||
expires without the commencement of trial, or adjudication | ||
after
waiver of trial, of any of the remaining pending | ||
petitions, the petition or
petitions shall
be dismissed and | ||
barred for want of prosecution unless the delay is occasioned
| ||
by any of the reasons described in this Section.
| ||
(3) When no such trial is held within the time required by | ||
subsections (1)
and (2) of this Section, the court shall, upon | ||
motion by any party, dismiss the
petition with prejudice.
| ||
(4) Without affecting the applicability of the tolling and | ||
multiple
prosecution provisions of subsections (8) and (2) of |
this Section when a
petition has been filed alleging that the | ||
minor is a delinquent and the minor
is in detention or shelter | ||
care, the trial shall be held within 30 calendar
days after the | ||
date of the order directing detention or shelter care, or the
| ||
earliest possible date in compliance with the provisions of | ||
Section 5-525 as to
the custodial
parent, guardian or legal | ||
custodian, but no later than 45 calendar days from
the date of | ||
the order of the court directing detention or shelter care. | ||
When
the petition alleges the minor has committed an offense | ||
involving a controlled
substance as defined in the Illinois | ||
Controlled Substances Act or methamphetamine as defined in the | ||
Methamphetamine Control and Community Protection Act , the | ||
court may,
upon motion of the State, continue the trial
for | ||
receipt of a confirmatory laboratory report for up to 45 days | ||
after the
date of the order directing detention or shelter | ||
care. When the petition
alleges the minor committed an offense | ||
that involves the death of, great bodily
harm to or sexual | ||
assault or aggravated criminal sexual abuse on a victim, the
| ||
court may, upon motion of the State, continue the trial for not | ||
more than 70
calendar days after the date of the order | ||
directing detention or shelter
care.
| ||
Any failure to comply with the time limits of this Section | ||
shall require the
immediate release of the minor from | ||
detention, and the time limits set forth in
subsections (1) and | ||
(2) shall apply.
| ||
(5) If the court determines that the State, without | ||
success, has exercised
due diligence to obtain the results of | ||
DNA testing that is material to the
case, and that there are | ||
reasonable grounds to believe that the results may be
obtained | ||
at a later date, the court may
continue the cause on | ||
application of the State for not more than 120 additional
days. | ||
The court may also extend the period of detention of the minor | ||
for not
more than 120 additional days.
| ||
(6) If the State's Attorney makes a written request that a | ||
proceeding
be designated an extended juvenile jurisdiction | ||
prosecution, and the minor is
in detention, the period the |
minor can be held in detention pursuant to
subsection (4),
| ||
shall be extended an additional 30 days after the court | ||
determines whether the
proceeding will be designated an | ||
extended juvenile jurisdiction prosecution or
the State's | ||
Attorney withdraws the request for extended juvenile | ||
jurisdiction
prosecution.
| ||
(7) When the State's Attorney files a motion for waiver of | ||
jurisdiction
pursuant to
Section 5-805, and the minor is in | ||
detention, the period the minor can be held
in
detention | ||
pursuant to subsection (4), shall be extended an additional 30 | ||
days
if the
court denies motion for waiver of jurisdiction or | ||
the State's Attorney
withdraws the motion for waiver of | ||
jurisdiction.
| ||
(8) The period in which a trial shall be held as prescribed | ||
by subsections
(1), (2), (3), (4), (5), (6), or (7) of this | ||
Section is tolled by: (i) delay
occasioned
by the minor; (ii) a | ||
continuance allowed pursuant to Section 114-4 of the Code
of | ||
Criminal Procedure of 1963 after the court's determination of | ||
the minor's
incapacity for trial; (iii) an interlocutory | ||
appeal;
(iv) an examination of fitness ordered pursuant to | ||
Section 104-13 of the Code
of Criminal
Procedure of 1963; (v) a | ||
fitness hearing; or (vi) an adjudication of unfitness
for | ||
trial. Any such delay shall temporarily suspend, for the time | ||
of the
delay, the period within which a trial must be held as | ||
prescribed by
subsections (1), (2), (4), (5), and (6) of this | ||
Section. On the day of
expiration of the delays the period | ||
shall continue at the point at which
the time was suspended.
| ||
(9) Nothing in this Section prevents the minor or the | ||
minor's parents,
guardian
or legal custodian from exercising | ||
their respective rights to waive the time
limits set forth in | ||
this Section.
| ||
(Source: P.A. 90-590, eff. 1-1-99.)
| ||
(705 ILCS 405/5-615)
| ||
Sec. 5-615. Continuance under supervision.
| ||
(1) The court may enter an order of continuance under |
supervision for an
offense other than first degree murder, a | ||
Class X felony or a forcible felony
(a) upon an admission or | ||
stipulation by the appropriate respondent or minor
respondent | ||
of the facts supporting the
petition and before proceeding to | ||
adjudication, or after hearing the evidence
at the trial, and | ||
(b) in the absence of objection made in open court by the
| ||
minor, his or her parent, guardian, or legal custodian, the | ||
minor's attorney or
the
State's Attorney.
| ||
(2) If the minor, his or her parent, guardian, or legal | ||
custodian, the
minor's
attorney or State's Attorney objects in | ||
open court to any continuance and
insists upon proceeding to | ||
findings and adjudication, the court shall so
proceed.
| ||
(3) Nothing in this Section limits the power of the court | ||
to order a
continuance of the hearing for the production of | ||
additional evidence or for any
other proper reason.
| ||
(4) When a hearing where a minor is alleged to be a | ||
delinquent is
continued
pursuant to this Section, the period of | ||
continuance under supervision may not
exceed 24 months. The | ||
court may terminate a continuance under supervision at
any time | ||
if warranted by the conduct of the minor and the ends of | ||
justice.
| ||
(5) When a hearing where a minor is alleged to be | ||
delinquent is continued
pursuant to this Section, the court | ||
may, as conditions of the continuance under
supervision, | ||
require the minor to do any of the following:
| ||
(a) not violate any criminal statute of any | ||
jurisdiction;
| ||
(b) make a report to and appear in person before any | ||
person or agency as
directed by the court;
| ||
(c) work or pursue a course of study or vocational | ||
training;
| ||
(d) undergo medical or psychotherapeutic treatment | ||
rendered by a therapist
licensed under the provisions of | ||
the Medical Practice Act of 1987, the
Clinical Psychologist | ||
Licensing Act, or the Clinical Social Work and Social
Work | ||
Practice Act, or an entity licensed by the Department of |
Human Services as
a successor to the Department of | ||
Alcoholism and Substance Abuse, for the
provision of drug | ||
addiction and alcoholism treatment;
| ||
(e) attend or reside in a facility established for the | ||
instruction or
residence of persons on probation;
| ||
(f) support his or her dependents, if any;
| ||
(g) pay costs;
| ||
(h) refrain from possessing a firearm or other | ||
dangerous weapon, or an
automobile;
| ||
(i) permit the probation officer to visit him or her at | ||
his or her home or
elsewhere;
| ||
(j) reside with his or her parents or in a foster home;
| ||
(k) attend school;
| ||
(k-5) with the consent of the superintendent
of the
| ||
facility, attend an educational program at a facility other | ||
than the school
in which the
offense was committed if he
or | ||
she committed a crime of violence as
defined in
Section 2 | ||
of the Crime Victims Compensation Act in a school, on the
| ||
real
property
comprising a school, or within 1,000 feet of | ||
the real property comprising a
school;
| ||
(l) attend a non-residential program for youth;
| ||
(m) contribute to his or her own support at home or in | ||
a foster home;
| ||
(n) perform some reasonable public or community | ||
service;
| ||
(o) make restitution to the victim, in the same manner | ||
and under the same
conditions as provided in subsection (4) | ||
of Section 5-710, except that the
"sentencing hearing" | ||
referred
to in that Section shall be the adjudicatory | ||
hearing for purposes of this
Section;
| ||
(p) comply with curfew requirements as designated by | ||
the court;
| ||
(q) refrain from entering into a designated geographic | ||
area except upon
terms as the court finds appropriate. The | ||
terms may include consideration of
the purpose of the | ||
entry, the time of day, other persons accompanying the
|
minor, and advance approval by a probation officer;
| ||
(r) refrain from having any contact, directly or | ||
indirectly, with certain
specified persons or particular | ||
types of persons, including but not limited to
members of | ||
street gangs and drug users or dealers;
| ||
(r-5) undergo a medical or other procedure to have a | ||
tattoo symbolizing
allegiance to a street gang removed from | ||
his or her body;
| ||
(s) refrain from having in his or her body the presence | ||
of any illicit
drug
prohibited by the Cannabis Control Act ,
| ||
or the Illinois Controlled Substances
Act , or the | ||
Methamphetamine Control and Community Protection Act , | ||
unless prescribed by a physician, and submit samples of his | ||
or her blood
or urine or both for tests to determine the | ||
presence of any illicit drug; or
| ||
(t) comply with any other conditions as may be ordered | ||
by the court.
| ||
(6) A minor whose case is continued under supervision under | ||
subsection (5)
shall be given a certificate setting forth the | ||
conditions imposed by the court.
Those conditions may be | ||
reduced, enlarged, or modified by the court on motion
of the | ||
probation officer or on its own motion, or that of the State's | ||
Attorney,
or, at the request of the minor after notice and | ||
hearing.
| ||
(7) If a petition is filed charging a violation of a | ||
condition of the
continuance under supervision, the court shall | ||
conduct a hearing. If the court
finds that a condition of | ||
supervision has not been fulfilled, the court may
proceed to | ||
findings and adjudication and disposition. The filing of a | ||
petition
for violation of a condition of the continuance under | ||
supervision shall toll
the period of continuance under | ||
supervision until the final determination of
the charge, and | ||
the term of the continuance under supervision shall not run
| ||
until the hearing and disposition of the petition for | ||
violation; provided
where the petition alleges conduct that | ||
does not constitute a criminal offense,
the hearing must be |
held within 30 days of the filing of the petition unless a
| ||
delay shall continue the tolling of the period of continuance | ||
under supervision
for the period of
the delay.
| ||
(8) When a hearing in which a minor is alleged to be a | ||
delinquent for
reasons that include a violation of Section | ||
21-1.3 of the Criminal Code of 1961
is continued under this | ||
Section, the court shall, as a condition of the
continuance | ||
under supervision, require the minor to perform community | ||
service
for not less than 30 and not more than 120 hours, if | ||
community service is
available in the jurisdiction. The | ||
community service shall include, but need
not be limited to, | ||
the cleanup and repair of the damage that was caused by the
| ||
alleged violation or similar damage to property located in the | ||
municipality or
county in which the alleged violation occurred. | ||
The condition may be in
addition to any other condition.
| ||
(8.5) When a hearing in which a minor is alleged to be a | ||
delinquent for
reasons
that include a violation of Section 3.02 | ||
or Section 3.03 of the Humane Care for
Animals Act or paragraph | ||
(d) of subsection (1)
of Section
21-1 of the Criminal Code of | ||
1961 is continued under this Section, the court
shall, as a
| ||
condition of the continuance under supervision, require the | ||
minor to undergo
medical or
psychiatric treatment rendered by a | ||
psychiatrist or psychological treatment
rendered by a
clinical | ||
psychologist. The condition may be in addition to any other
| ||
condition.
| ||
(9) When a hearing in which a minor is alleged to be a | ||
delinquent is
continued under this Section, the court, before | ||
continuing the case, shall make
a finding whether the offense | ||
alleged to have been committed either: (i) was
related to or in | ||
furtherance of the activities of an organized gang or was
| ||
motivated by the minor's membership in or allegiance to an | ||
organized gang, or
(ii) is a violation of paragraph (13) of | ||
subsection (a) of Section 12-2 of the
Criminal Code of 1961, a | ||
violation of any Section of Article 24 of the
Criminal Code of | ||
1961, or a violation of any statute that involved the unlawful
| ||
use of a firearm. If the court determines the question in the |
affirmative the
court shall, as a condition of the continuance | ||
under supervision and as part of
or in addition to any other | ||
condition of the supervision,
require the minor to perform | ||
community service for not less than 30 hours,
provided that | ||
community service is available in the
jurisdiction and is | ||
funded and approved by the county board of the county where
the | ||
offense was committed. The community service shall include, but | ||
need not
be limited to, the cleanup and repair of any damage | ||
caused by an alleged
violation of Section 21-1.3 of the | ||
Criminal Code of 1961 and similar damage to
property located in | ||
the municipality or county in which the alleged violation
| ||
occurred. When possible and reasonable, the community service | ||
shall be
performed in the minor's neighborhood. For the | ||
purposes of this Section,
"organized gang" has the meaning | ||
ascribed to it in Section 10 of the Illinois
Streetgang | ||
Terrorism Omnibus Prevention Act.
| ||
(10) The court shall impose upon a minor placed on | ||
supervision, as a
condition of the supervision, a fee of $25 | ||
for each month of supervision
ordered by the court, unless | ||
after determining the inability of the minor
placed on | ||
supervision to pay the fee, the court assesses a lesser amount. | ||
The
court may not impose the fee on a minor who is made a ward | ||
of the State under
this Act while the minor is in placement. | ||
The fee shall be imposed only upon a
minor who is actively | ||
supervised by the probation and court services
department. A | ||
court may order the parent, guardian, or legal custodian of the
| ||
minor to pay some or all of the fee on the minor's behalf.
| ||
(Source: P.A. 91-98; eff. 1-1-00; 91-332, eff. 7-29-99; 92-16, | ||
eff. 6-28-01;
92-282, eff. 8-7-01; 92-454, eff. 1-1-02; 92-651, | ||
eff. 7-11-02.)
| ||
(705 ILCS 405/5-710)
| ||
Sec. 5-710. Kinds of sentencing orders.
| ||
(1) The following kinds of sentencing orders may be made in | ||
respect of
wards of the court:
| ||
(a) Except as provided in Sections 5-805, 5-810, 5-815, |
a minor who is
found
guilty under Section 5-620 may be:
| ||
(i) put on probation or conditional discharge and | ||
released to his or her
parents, guardian or legal | ||
custodian, provided, however, that any such minor
who | ||
is not committed to the Department of Corrections, | ||
Juvenile Division under
this subsection and who is | ||
found to be a delinquent for an offense which is
first | ||
degree murder, a Class X felony, or a forcible felony | ||
shall be placed on
probation;
| ||
(ii) placed in accordance with Section 5-740, with | ||
or without also being
put on probation or conditional | ||
discharge;
| ||
(iii) required to undergo a substance abuse | ||
assessment conducted by a
licensed provider and | ||
participate in the indicated clinical level of care;
| ||
(iv) placed in the guardianship of the Department | ||
of Children and Family
Services, but only if the | ||
delinquent minor is under 13 years of age;
| ||
(v) placed in detention for a period not to exceed | ||
30 days, either as
the
exclusive order of disposition | ||
or, where appropriate, in conjunction with any
other | ||
order of disposition issued under this paragraph, | ||
provided that any such
detention shall be in a juvenile | ||
detention home and the minor so detained shall
be 10 | ||
years of age or older. However, the 30-day limitation | ||
may be extended by
further order of the court for a | ||
minor under age 13 committed to the Department
of | ||
Children and Family Services if the court finds that | ||
the minor is a danger
to himself or others. The minor | ||
shall be given credit on the sentencing order
of | ||
detention for time spent in detention under Sections | ||
5-501, 5-601, 5-710, or
5-720 of this
Article as a | ||
result of the offense for which the sentencing order | ||
was imposed.
The court may grant credit on a sentencing | ||
order of detention entered under a
violation of | ||
probation or violation of conditional discharge under |
Section
5-720 of this Article for time spent in | ||
detention before the filing of the
petition
alleging | ||
the violation. A minor shall not be deprived of credit | ||
for time spent
in detention before the filing of a | ||
violation of probation or conditional
discharge | ||
alleging the same or related act or acts;
| ||
(vi) ordered partially or completely emancipated | ||
in accordance with the
provisions of the Emancipation | ||
of Mature Minors Act;
| ||
(vii) subject to having his or her driver's license | ||
or driving
privileges
suspended for such time as | ||
determined by the court but only until he or she
| ||
attains 18 years of age;
| ||
(viii) put on probation or conditional discharge | ||
and placed in detention
under Section 3-6039 of the | ||
Counties Code for a period not to exceed the period
of | ||
incarceration permitted by law for adults found guilty | ||
of the same offense
or offenses for which the minor was | ||
adjudicated delinquent, and in any event no
longer than | ||
upon attainment of age 21; this subdivision (viii) | ||
notwithstanding
any contrary provision of the law; or
| ||
(ix) ordered to undergo a medical or other | ||
procedure to have a tattoo
symbolizing allegiance to a | ||
street gang removed from his or her body.
| ||
(b) A minor found to be guilty may be committed to the | ||
Department of
Corrections,
Juvenile Division, under | ||
Section 5-750 if the minor is 13 years of age or
older,
| ||
provided that the commitment to the Department of | ||
Corrections, Juvenile
Division, shall be made only if a | ||
term of incarceration is permitted by law for
adults found | ||
guilty of the offense for which the minor was adjudicated
| ||
delinquent. The time during which a minor is in custody | ||
before being released
upon the request of a parent, | ||
guardian or legal custodian shall be considered
as time | ||
spent in detention.
| ||
(c) When a minor is found to be guilty for an offense |
which is a violation
of the Illinois Controlled Substances | ||
Act ,
or the Cannabis Control Act , or the Methamphetamine | ||
Control and Community Protection Act and made
a ward of the | ||
court, the court may enter a disposition order requiring | ||
the
minor to undergo assessment,
counseling or treatment in | ||
a substance abuse program approved by the Department
of | ||
Human Services.
| ||
(2) Any sentencing order other than commitment to the | ||
Department of
Corrections, Juvenile Division, may provide for | ||
protective supervision under
Section 5-725 and may include an | ||
order of protection under Section 5-730.
| ||
(3) Unless the sentencing order expressly so provides, it | ||
does not operate
to close proceedings on the pending petition, | ||
but is subject to modification
until final closing and | ||
discharge of the proceedings under Section 5-750.
| ||
(4) In addition to any other sentence, the court may order | ||
any
minor
found to be delinquent to make restitution, in | ||
monetary or non-monetary form,
under the terms and conditions | ||
of Section 5-5-6 of the Unified Code of
Corrections, except | ||
that the "presentencing hearing" referred to in that
Section
| ||
shall be
the sentencing hearing for purposes of this Section. | ||
The parent, guardian or
legal custodian of the minor may be | ||
ordered by the court to pay some or all of
the restitution on | ||
the minor's behalf, pursuant to the Parental Responsibility
| ||
Law. The State's Attorney is authorized to act
on behalf of any | ||
victim in seeking restitution in proceedings under this
| ||
Section, up to the maximum amount allowed in Section 5 of the | ||
Parental
Responsibility Law.
| ||
(5) Any sentencing order where the minor is committed or | ||
placed in
accordance
with Section 5-740 shall provide for the | ||
parents or guardian of the estate of
the minor to pay to the | ||
legal custodian or guardian of the person of the minor
such | ||
sums as are determined by the custodian or guardian of the | ||
person of the
minor as necessary for the minor's needs. The | ||
payments may not exceed the
maximum amounts provided for by | ||
Section 9.1 of the Children and Family Services
Act.
|
(6) Whenever the sentencing order requires the minor to | ||
attend school or
participate in a program of training, the | ||
truant officer or designated school
official shall regularly | ||
report to the court if the minor is a chronic or
habitual | ||
truant under Section 26-2a of the School Code.
| ||
(7) In no event shall a guilty minor be committed to the | ||
Department of
Corrections, Juvenile Division for a period of | ||
time in
excess of
that period for which an adult could be | ||
committed for the same act.
| ||
(8) A minor found to be guilty for reasons that include a | ||
violation of
Section 21-1.3 of the Criminal Code of 1961 shall | ||
be ordered to perform
community service for not less than 30 | ||
and not more than 120 hours, if
community service is available | ||
in the jurisdiction. The community service
shall include, but | ||
need not be limited to, the cleanup and repair of the damage
| ||
that was caused by the violation or similar damage to property | ||
located in the
municipality or county in which the violation | ||
occurred. The order may be in
addition to any other order | ||
authorized by this Section.
| ||
(8.5) A minor found to be guilty for reasons that include a | ||
violation of
Section
3.02 or Section 3.03 of the Humane Care | ||
for Animals Act or paragraph (d) of
subsection (1) of
Section | ||
21-1 of
the Criminal Code
of
1961 shall be ordered to undergo | ||
medical or psychiatric treatment rendered by
a
psychiatrist or | ||
psychological treatment rendered by a clinical psychologist.
| ||
The order
may be in addition to any other order authorized by | ||
this Section.
| ||
(9) In addition to any other sentencing order, the court | ||
shall order any
minor found
to be guilty for an act which would | ||
constitute, predatory criminal sexual
assault of a child, | ||
aggravated criminal sexual assault, criminal sexual
assault, | ||
aggravated criminal sexual abuse, or criminal sexual abuse if
| ||
committed by an
adult to undergo medical testing to determine | ||
whether the defendant has any
sexually transmissible disease | ||
including a test for infection with human
immunodeficiency | ||
virus (HIV) or any other identified causative agency of
|
acquired immunodeficiency syndrome (AIDS). Any medical test | ||
shall be performed
only by appropriately licensed medical | ||
practitioners and may include an
analysis of any bodily fluids | ||
as well as an examination of the minor's person.
Except as | ||
otherwise provided by law, the results of the test shall be | ||
kept
strictly confidential by all medical personnel involved in | ||
the testing and must
be personally delivered in a sealed | ||
envelope to the judge of the court in which
the sentencing | ||
order was entered for the judge's inspection in camera. Acting
| ||
in accordance with the best interests of the victim and the | ||
public, the judge
shall have the discretion to determine to | ||
whom the results of the testing may
be revealed. The court | ||
shall notify the minor of the results of the test for
infection | ||
with the human immunodeficiency virus (HIV). The court shall | ||
also
notify the victim if requested by the victim, and if the | ||
victim is under the
age of 15 and if requested by the victim's | ||
parents or legal guardian, the court
shall notify the victim's | ||
parents or the legal guardian, of the results of the
test for | ||
infection with the human immunodeficiency virus (HIV). The | ||
court
shall provide information on the availability of HIV | ||
testing and counseling at
the Department of Public Health | ||
facilities to all parties to whom the
results of the testing | ||
are revealed. The court shall order that the cost of
any test | ||
shall be paid by the county and may be taxed as costs against | ||
the
minor.
| ||
(10) When a court finds a minor to be guilty the court | ||
shall, before
entering a sentencing order under this Section, | ||
make a finding whether the
offense committed either: (a) was | ||
related to or in furtherance of the criminal
activities of an | ||
organized gang or was motivated by the minor's membership in
or | ||
allegiance to an organized gang, or (b) involved a violation of
| ||
subsection (a) of Section 12-7.1 of the Criminal Code of 1961, | ||
a violation of
any
Section of Article 24 of the Criminal Code | ||
of 1961, or a violation of any
statute that involved the | ||
wrongful use of a firearm. If the court determines
the question | ||
in the affirmative,
and the court does not commit the minor to |
the Department of Corrections,
Juvenile Division, the court | ||
shall order the minor to perform community service
for not less | ||
than 30 hours nor more than 120 hours, provided that community
| ||
service is available in the jurisdiction and is funded and | ||
approved by the
county board of the county where the offense | ||
was committed. The community
service shall include, but need | ||
not be limited to, the cleanup and repair of
any damage caused | ||
by a violation of Section 21-1.3 of the Criminal Code of 1961
| ||
and similar damage to property located in the municipality or | ||
county in which
the violation occurred. When possible and | ||
reasonable, the community service
shall be performed in the | ||
minor's neighborhood. This order shall be in
addition to any | ||
other order authorized by this Section
except for an order to | ||
place the minor in the custody of the Department of
| ||
Corrections, Juvenile Division. For the purposes of this | ||
Section, "organized
gang" has the meaning ascribed to it in | ||
Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||
Prevention Act.
| ||
(Source: P.A. 91-98, eff. 1-1-00; 92-454, eff. 1-1-02; revised | ||
10-9-03.)
| ||
(705 ILCS 405/5-715)
| ||
Sec. 5-715. Probation.
| ||
(1) The period of probation or conditional discharge shall | ||
not exceed 5
years or until the minor has attained the age of | ||
21 years, whichever is less,
except as provided in this Section | ||
for a minor who is found to be guilty
for an offense which is | ||
first degree murder, a Class X felony or a forcible
felony. The | ||
juvenile court may terminate probation or
conditional | ||
discharge and discharge the minor at any time if warranted by | ||
the
conduct of the minor and the ends of justice; provided, | ||
however, that the
period of probation for a minor who is found | ||
to be guilty for an offense which
is first degree murder, a | ||
Class X felony, or a forcible felony shall be at
least 5 years.
| ||
(2) The court may as a condition of probation or of | ||
conditional discharge
require that the minor:
|
(a) not violate any criminal statute of any | ||
jurisdiction;
| ||
(b) make a report to and appear in person before any | ||
person or agency as
directed by the court;
| ||
(c) work or pursue a course of study or vocational | ||
training;
| ||
(d) undergo medical or psychiatric treatment, rendered | ||
by a psychiatrist
or
psychological treatment rendered by a | ||
clinical psychologist or social work
services rendered by a | ||
clinical social worker, or treatment for drug addiction
or | ||
alcoholism;
| ||
(e) attend or reside in a facility established for the | ||
instruction or
residence of persons on probation;
| ||
(f) support his or her dependents, if any;
| ||
(g) refrain from possessing a firearm or other | ||
dangerous weapon, or an
automobile;
| ||
(h) permit the probation officer to visit him or her at | ||
his or her home or
elsewhere;
| ||
(i) reside with his or her parents or in a foster home;
| ||
(j) attend school;
| ||
(j-5) with the consent of the superintendent
of the
| ||
facility,
attend an educational program at a facility other | ||
than the school
in which the
offense was committed if he
or | ||
she committed a crime of violence as
defined in
Section 2 | ||
of the Crime Victims Compensation Act in a school, on the
| ||
real
property
comprising a school, or within 1,000 feet of | ||
the real property comprising a
school;
| ||
(k) attend a non-residential program for youth;
| ||
(l) make restitution under the terms of subsection (4) | ||
of Section 5-710;
| ||
(m) contribute to his or her own support at home or in | ||
a foster home;
| ||
(n) perform some reasonable public or community | ||
service;
| ||
(o) participate with community corrections programs | ||
including unified
delinquency intervention services |
administered by the Department of Human
Services
subject to | ||
Section 5 of the Children and Family Services Act;
| ||
(p) pay costs;
| ||
(q) serve a term of home confinement. In addition to | ||
any other applicable
condition of probation or conditional | ||
discharge, the conditions of home
confinement shall be that | ||
the minor:
| ||
(i) remain within the interior premises of the | ||
place designated for his
or her confinement during the | ||
hours designated by the court;
| ||
(ii) admit any person or agent designated by the | ||
court into the minor's
place of confinement at any time | ||
for purposes of verifying the minor's
compliance with | ||
the conditions of his or her confinement; and
| ||
(iii) use an approved electronic monitoring device | ||
if ordered by the
court subject to Article 8A of | ||
Chapter V of the Unified Code of Corrections;
| ||
(r) refrain from entering into a designated geographic | ||
area except upon
terms as the court finds appropriate. The | ||
terms may include consideration of
the purpose of the | ||
entry, the time of day, other persons accompanying the
| ||
minor, and advance approval by a probation officer, if the | ||
minor has been
placed on probation, or advance approval by | ||
the court, if the minor has been
placed on conditional | ||
discharge;
| ||
(s) refrain from having any contact, directly or | ||
indirectly, with certain
specified persons or particular | ||
types of persons, including but not limited to
members of | ||
street gangs and drug users or dealers;
| ||
(s-5) undergo a medical or other procedure to have a | ||
tattoo symbolizing
allegiance to a street
gang removed from | ||
his or her body;
| ||
(t) refrain from having in his or her body the presence | ||
of any illicit
drug
prohibited by the Cannabis Control Act ,
| ||
or the Illinois Controlled Substances
Act , or the | ||
Methamphetamine Control and Community Protection Act , |
unless prescribed
by a physician, and shall submit samples | ||
of his or her blood or urine or both
for tests to determine | ||
the presence of any illicit drug; or
| ||
(u) comply with other conditions as may be ordered by | ||
the court.
| ||
(3) The court may as a condition of probation or of | ||
conditional discharge
require that a minor found guilty on any | ||
alcohol, cannabis, methamphetamine, or
controlled substance | ||
violation, refrain from acquiring a driver's license
during the | ||
period of probation or conditional discharge. If the minor is | ||
in
possession of a permit or license, the court may require | ||
that the minor refrain
from driving or operating any motor | ||
vehicle during the period of probation or
conditional | ||
discharge, except as may be necessary in the course of the | ||
minor's
lawful
employment.
| ||
(3.5) The court shall, as a condition of probation or of | ||
conditional
discharge,
require that a minor found to be guilty | ||
and placed on probation for reasons
that include a
violation of | ||
Section 3.02 or Section 3.03 of the Humane Care for Animals Act | ||
or
paragraph
(d) of subsection (1) of Section 21-1 of the
| ||
Criminal Code of 1961 undergo medical or psychiatric treatment | ||
rendered by a
psychiatrist or psychological treatment rendered | ||
by a clinical psychologist.
The
condition may be in addition to | ||
any other condition.
| ||
(3.10) The court shall order that a minor placed on | ||
probation or
conditional discharge for a sex offense as defined | ||
in the Sex Offender
Management Board Act undergo and | ||
successfully complete sex offender treatment.
The treatment | ||
shall be in conformance with the standards developed under
the | ||
Sex Offender Management Board Act and conducted by a treatment | ||
provider
approved by the Board. The treatment shall be at the | ||
expense of the person
evaluated based upon that person's | ||
ability to pay for the treatment.
| ||
(4) A minor on probation or conditional discharge shall be | ||
given a
certificate setting forth the conditions upon which he | ||
or she is being
released.
|
(5) The court shall impose upon a minor placed on probation | ||
or conditional
discharge, as a condition of the probation or | ||
conditional discharge, a fee of
$25 for each month of probation | ||
or conditional discharge supervision ordered by
the court, | ||
unless after determining the inability of the minor placed on
| ||
probation or conditional discharge to pay the fee, the court | ||
assesses a lesser
amount. The court may not impose the fee on a | ||
minor who is made a ward of the
State under this Act while the | ||
minor is in placement. The fee shall be
imposed only upon a | ||
minor who is actively supervised by the probation and court
| ||
services department. The court may order the parent, guardian, | ||
or legal
custodian of the minor to pay some or all of the fee on | ||
the minor's behalf.
| ||
(6) The General Assembly finds that in order to protect the | ||
public, the
juvenile justice system must compel compliance with | ||
the conditions of probation
by responding to violations with | ||
swift, certain, and fair punishments and
intermediate | ||
sanctions. The Chief Judge of each circuit shall adopt a system
| ||
of structured, intermediate sanctions for violations of the | ||
terms and
conditions of a sentence of supervision, probation or | ||
conditional discharge,
under this
Act.
| ||
The court shall provide as a condition of a disposition of | ||
probation,
conditional discharge, or supervision, that the | ||
probation agency may invoke any
sanction from the list of | ||
intermediate sanctions adopted by the chief judge of
the | ||
circuit court for violations of the terms and conditions of the | ||
sentence of
probation, conditional discharge, or supervision, | ||
subject to the provisions of
Section 5-720 of this Act.
| ||
(Source: P.A. 92-282, eff. 8-7-01; 92-454, eff. 1-1-02; 92-651, | ||
eff. 7-11-02; 93-616, eff. 1-1-04.)
| ||
(705 ILCS 405/5-805)
| ||
Sec. 5-805. Transfer of jurisdiction.
| ||
(1) Mandatory transfers.
| ||
(a) If a petition alleges commission by a minor 15 | ||
years of age or older
of an act that constitutes a forcible |
felony under the laws of this State, and
if a motion by the | ||
State's Attorney to prosecute the minor under the criminal
| ||
laws of Illinois for the alleged forcible felony alleges | ||
that (i) the minor has
previously been adjudicated | ||
delinquent or found guilty for commission of an act
that | ||
constitutes a felony under the laws of this State or any | ||
other state and
(ii) the act that constitutes the offense | ||
was committed in furtherance of
criminal activity by an | ||
organized gang, the Juvenile Judge assigned to hear and
| ||
determine those motions shall, upon determining that there | ||
is probable cause
that both allegations are true, enter an | ||
order permitting prosecution under the
criminal laws of | ||
Illinois.
| ||
(b) If a petition alleges commission by a minor 15 | ||
years of age or older
of an act that constitutes a felony | ||
under the laws of this State, and if a
motion by a State's | ||
Attorney to prosecute the minor under the criminal laws of
| ||
Illinois for the alleged felony alleges that (i) the minor | ||
has previously been
adjudicated delinquent or found guilty | ||
for commission of an act that
constitutes a forcible
felony | ||
under the laws of this State or any other state and (ii) | ||
the act that
constitutes the offense was committed in | ||
furtherance of criminal activities by
an organized gang, | ||
the Juvenile Judge assigned to hear and determine those
| ||
motions shall, upon determining that there is probable | ||
cause that both
allegations are true, enter an order | ||
permitting prosecution under the criminal
laws of | ||
Illinois.
| ||
(c) If a petition alleges commission by a minor 15 | ||
years of age or older
of: (i) an act that constitutes an | ||
offense enumerated in the presumptive
transfer provisions | ||
of subsection (2); and (ii) the minor has previously been
| ||
adjudicated delinquent or found guilty of a forcible | ||
felony, the Juvenile Judge
designated to hear and determine | ||
those motions shall, upon determining that
there is | ||
probable cause that both allegations are true, enter an |
order
permitting prosecution under the criminal laws of | ||
Illinois.
| ||
(d) If a petition alleges commission by a minor 15 | ||
years of age or older
of an act that constitutes the | ||
offense of aggravated discharge of a firearm
committed in a | ||
school, on the real property comprising a school, within | ||
1,000
feet of the real property comprising a school, at a | ||
school related activity, or
on, boarding, or departing from | ||
any conveyance owned, leased, or contracted by
a school or | ||
school district to transport students to or from school or | ||
a school
related activity, regardless of the time of day or | ||
the time of year, the
juvenile judge designated to hear and | ||
determine those motions shall, upon
determining that there | ||
is probable cause that the allegations are true, enter
an | ||
order permitting prosecution under the criminal laws of | ||
Illinois.
| ||
For purposes of this paragraph (d) of subsection (1):
| ||
"School" means a public or private
elementary or | ||
secondary school, community college, college, or | ||
university.
| ||
"School related activity" means any sporting, social, | ||
academic, or other
activity for which students' attendance | ||
or participation is sponsored,
organized, or funded in | ||
whole or in part by a school or school district.
| ||
(2) Presumptive transfer.
| ||
(a) If the State's Attorney files a petition, at any | ||
time prior to
commencement of the minor's trial, to permit | ||
prosecution under the criminal
laws and the petition | ||
alleges the commission by a minor 15 years of age or
older
| ||
of: (i) a Class X felony other than armed violence; (ii) | ||
aggravated discharge
of a firearm; (iii) armed violence | ||
with a firearm when the predicate offense
is a Class 1 or | ||
Class 2 felony and the State's Attorney's motion to | ||
transfer
the case alleges that the offense committed is in | ||
furtherance of the criminal
activities of an organized | ||
gang; (iv) armed violence with a firearm when the
predicate |
offense is a violation of the Illinois Controlled | ||
Substances Act ,
or a violation of the Cannabis Control Act , | ||
or a violation of the Methamphetamine Control and Community | ||
Protection Act ; (v) armed violence when the
weapon involved | ||
was a machine gun or other weapon described in subsection
| ||
(a)(7) of Section 24-1 of the Criminal Code of 1961, and, | ||
if the juvenile judge
assigned to hear and determine | ||
motions to transfer a case for prosecution in
the criminal | ||
court determines that there is probable cause to believe | ||
that the
allegations in the petition and motion are true, | ||
there is a rebuttable
presumption that the minor is not a | ||
fit and proper subject to be dealt with
under the Juvenile | ||
Justice Reform Provisions of 1998 (Public Act 90-590),
and | ||
that, except as provided in paragraph (b), the case should | ||
be transferred
to the criminal court.
| ||
(b) The judge shall enter an order permitting | ||
prosecution under the
criminal laws of Illinois unless the | ||
judge makes a finding based on clear and
convincing | ||
evidence that the minor would be amenable to the care, | ||
treatment,
and training programs available through the | ||
facilities of the juvenile court
based on an evaluation of | ||
the following:
| ||
(i) The seriousness of the alleged offense;
| ||
(ii) The minor's history of delinquency;
| ||
(iii) The age of the minor;
| ||
(iv) The culpability of the minor in committing the | ||
alleged offense;
| ||
(v) Whether the offense was committed in an aggressive | ||
or premeditated
manner;
| ||
(vi) Whether the minor used or possessed a deadly | ||
weapon when
committing the alleged offense;
| ||
(vii) The minor's history of services, including the | ||
minor's willingness
to
participate meaningfully in | ||
available services;
| ||
(viii) Whether there is a reasonable likelihood that | ||
the minor can be
rehabilitated before the expiration of the |
juvenile court's jurisdiction;
| ||
(ix) The adequacy of the punishment or services | ||
available in the
juvenile justice system.
| ||
In considering these factors, the court shall give greater
| ||
weight to the seriousness of the alleged offense and the | ||
minor's prior record
of delinquency than to the other factors | ||
listed in this subsection.
| ||
(3) Discretionary transfer.
| ||
(a) If a petition alleges commission by a minor 13 | ||
years of age or over of
an act that constitutes a crime | ||
under the laws of this State and, on motion of
the State's | ||
Attorney to permit prosecution of the minor under the | ||
criminal
laws, a Juvenile Judge assigned by the Chief Judge | ||
of the Circuit to hear and
determine those motions, after | ||
hearing but before commencement of the
trial, finds that | ||
there is probable cause to believe that the
allegations in | ||
the motion are true and that it is not in the best | ||
interests
of the public to proceed under this Act, the | ||
court may enter an
order permitting prosecution under the | ||
criminal laws.
| ||
(b) In making its determination on the motion to permit | ||
prosecution under
the criminal laws, the court shall | ||
consider among other matters:
| ||
(i) The seriousness of the alleged offense;
| ||
(ii) The minor's history of delinquency;
| ||
(iii) The age of the minor;
| ||
(iv) The culpability of the minor in committing the | ||
alleged offense;
| ||
(v) Whether the offense was committed in an aggressive | ||
or premeditated
manner;
| ||
(vi) Whether the minor used or possessed a deadly | ||
weapon when committing
the alleged offense;
| ||
(vii) The minor's history of services, including the | ||
minor's willingness
to participate meaningfully in | ||
available services;
| ||
(viii) The adequacy of the punishment or services |
available in the
juvenile justice system.
| ||
In considering these factors, the court shall give greater
| ||
weight to the seriousness of the alleged offense and the | ||
minor's prior record
of delinquency than to the other factors | ||
listed in this subsection.
| ||
(4) The rules of evidence for this hearing shall be the | ||
same as under
Section 5-705 of this Act. A minor must be | ||
represented in court by counsel
before the hearing may be | ||
commenced.
| ||
(5) If criminal proceedings are instituted, the petition | ||
for adjudication
of wardship shall be dismissed insofar as the | ||
act or acts involved in the
criminal proceedings. Taking of | ||
evidence in a trial on petition for
adjudication of wardship is | ||
a bar to criminal proceedings based upon the
conduct alleged in | ||
the petition.
| ||
(Source: P.A. 90-590, eff. 1-1-99; 91-15, eff. 1-1-00; 91-357, | ||
eff.
7-29-99.)
| ||
(705 ILCS 405/5-901)
| ||
Sec. 5-901. Court file.
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(1) The Court file with respect to proceedings under this
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Article shall consist of the petitions, pleadings, victim | ||
impact statements,
process,
service of process, orders, writs | ||
and docket entries reflecting hearings held
and judgments and | ||
decrees entered by the court. The court file shall be
kept | ||
separate from other records of the court.
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(a) The file, including information identifying the | ||
victim or alleged
victim of any sex
offense, shall be | ||
disclosed only to the following parties when necessary for
| ||
discharge of their official duties:
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(i) A judge of the circuit court and members of the | ||
staff of the court
designated by the judge;
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(ii) Parties to the proceedings and their | ||
attorneys;
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(iii) Victims and their attorneys, except in cases | ||
of multiple victims
of
sex offenses in which case the |
information identifying the nonrequesting
victims | ||
shall be redacted;
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(iv) Probation officers, law enforcement officers | ||
or prosecutors or
their
staff;
| ||
(v) Adult and juvenile Prisoner Review Boards.
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(b) The Court file redacted to remove any information | ||
identifying the
victim or alleged victim of any sex offense | ||
shall be disclosed only to the
following parties when | ||
necessary for discharge of their official duties:
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(i) Authorized military personnel;
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(ii) Persons engaged in bona fide research, with | ||
the permission of the
judge of the juvenile court and | ||
the chief executive of the agency that prepared
the
| ||
particular recording: provided that publication of | ||
such research results in no
disclosure of a minor's | ||
identity and protects the confidentiality of the
| ||
record;
| ||
(iii) The Secretary of State to whom the Clerk of | ||
the Court shall report
the disposition of all cases, as | ||
required in Section 6-204 or Section 6-205.1
of the | ||
Illinois
Vehicle Code. However, information reported | ||
relative to these offenses shall
be privileged and | ||
available only to the Secretary of State, courts, and | ||
police
officers;
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(iv) The administrator of a bonafide substance | ||
abuse student
assistance program with the permission | ||
of the presiding judge of the
juvenile court;
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(v) Any individual, or any public or private agency | ||
or institution,
having
custody of the juvenile under | ||
court order or providing educational, medical or
| ||
mental health services to the juvenile or a | ||
court-approved advocate for the
juvenile or any | ||
placement provider or potential placement provider as
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determined by the court.
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(3) A minor who is the victim or alleged victim in a | ||
juvenile proceeding
shall be
provided the same confidentiality |
regarding disclosure of identity as the
minor who is the | ||
subject of record.
Information identifying victims and alleged | ||
victims of sex offenses,
shall not be disclosed or open to | ||
public inspection under any circumstances.
Nothing in this | ||
Section shall prohibit the victim or alleged victim of any sex
| ||
offense from voluntarily disclosing his or her identity.
| ||
(4) Relevant information, reports and records shall be made | ||
available to the
Department of
Corrections when a juvenile | ||
offender has been placed in the custody of the
Department of | ||
Corrections, Juvenile Division.
| ||
(5) Except as otherwise provided in this subsection (5), | ||
juvenile court
records shall not be made available to the | ||
general public
but may be inspected by representatives of | ||
agencies, associations and news
media or other properly | ||
interested persons by general or special order of
the court. | ||
The State's Attorney, the minor, his or her parents, guardian | ||
and
counsel
shall at all times have the right to examine court | ||
files and records.
| ||
(a) The
court shall allow the general public to have | ||
access to the name, address, and
offense of a minor
who is | ||
adjudicated a delinquent minor under this Act under either | ||
of the
following circumstances:
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(i) The
adjudication of
delinquency was based upon | ||
the
minor's
commission of first degree murder, attempt | ||
to commit first degree
murder, aggravated criminal | ||
sexual assault, or criminal sexual assault; or
| ||
(ii) The court has made a finding that the minor | ||
was at least 13 years
of
age
at the time the act was | ||
committed and the adjudication of delinquency was | ||
based
upon the minor's commission of: (A)
an act in | ||
furtherance of the commission of a felony as a member | ||
of or on
behalf of a criminal street
gang, (B) an act | ||
involving the use of a firearm in the commission of a
| ||
felony, (C) an act that would be a Class X felony | ||
offense
under or
the minor's second or subsequent
Class | ||
2 or greater felony offense under the Cannabis Control |
Act if committed
by an adult,
(D) an act that would be | ||
a second or subsequent offense under Section 402 of
the | ||
Illinois Controlled Substances Act if committed by an | ||
adult, or (E) an act
that would be an offense under | ||
Section 401 of the Illinois Controlled
Substances Act | ||
if committed by an adult , or (F) an act that would be | ||
an offense under the Methamphetamine Control and | ||
Community Protection Act if committed by an adult .
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(b) The court
shall allow the general public to have | ||
access to the name, address, and offense
of a minor who is | ||
at least 13 years of age at
the time the offense
is | ||
committed and who is convicted, in criminal proceedings
| ||
permitted or required under Section 5-805, under either of
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the following
circumstances:
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(i) The minor has been convicted of first degree | ||
murder, attempt
to commit first degree
murder, | ||
aggravated criminal sexual
assault, or criminal sexual | ||
assault,
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(ii) The court has made a finding that the minor | ||
was at least 13 years
of age
at the time the offense | ||
was committed and the conviction was based upon the
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minor's commission of: (A)
an offense in
furtherance of | ||
the commission of a felony as a member of or on behalf | ||
of a
criminal street gang, (B) an offense
involving the | ||
use of a firearm in the commission of a felony, (C)
a | ||
Class X felony offense under the Cannabis Control Act | ||
or a second or
subsequent Class 2 or
greater felony | ||
offense under the Cannabis Control Act, (D) a
second or | ||
subsequent offense under Section 402 of the Illinois
| ||
Controlled Substances Act, or (E) an offense under | ||
Section 401 of the Illinois
Controlled Substances Act , | ||
or (F) an offense under the Methamphetamine Control and | ||
Community Protection Act .
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(6) Nothing in this Section shall be construed to limit the | ||
use of a
adjudication of delinquency as
evidence in any | ||
juvenile or criminal proceeding, where it would otherwise be
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admissible under the rules of evidence, including but not | ||
limited to, use as
impeachment evidence against any witness, | ||
including the minor if he or she
testifies.
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(7) Nothing in this Section shall affect the right of a | ||
Civil Service
Commission or appointing authority examining the | ||
character and fitness of
an applicant for a position as a law | ||
enforcement officer to ascertain
whether that applicant was | ||
ever adjudicated to be a delinquent minor and,
if so, to | ||
examine the records or evidence which were made in
proceedings | ||
under this Act.
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(8) Following any adjudication of delinquency for a crime | ||
which would be
a felony if committed by an adult, or following | ||
any adjudication of delinquency
for a violation of Section | ||
24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961, the | ||
State's Attorney shall ascertain
whether the minor respondent | ||
is enrolled in school and, if so, shall provide
a copy of the | ||
sentencing order to the principal or chief administrative
| ||
officer of the school. Access to such juvenile records shall be | ||
limited
to the principal or chief administrative officer of the | ||
school and any guidance
counselor designated by him or her.
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(9) Nothing contained in this Act prevents the sharing or
| ||
disclosure of information or records relating or pertaining to | ||
juveniles
subject to the provisions of the Serious Habitual | ||
Offender Comprehensive
Action Program when that information is | ||
used to assist in the early
identification and treatment of | ||
habitual juvenile offenders.
| ||
(11) The Clerk of the Circuit Court shall report to the | ||
Department of
State
Police, in the form and manner required by | ||
the Department of State Police, the
final disposition of each | ||
minor who has been arrested or taken into custody
before his or | ||
her 17th birthday for those offenses required to be reported
| ||
under Section 5 of the Criminal Identification Act. Information | ||
reported to
the Department under this Section may be maintained | ||
with records that the
Department files under Section 2.1 of the | ||
Criminal Identification Act.
| ||
(12) Information or records may be disclosed to the general |
public when the
court is conducting hearings under Section | ||
5-805 or 5-810.
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(Source: P.A. 90-590, eff. 1-1-99.)
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Section 1055. The Criminal Code of 1961 is amended by | ||
changing Sections 9-3.3, 11-19.2, 14-3, 19-5, 20-2, 24-1.1, | ||
24-1.6, 29B-1, 31A-1.1, 31A-1.2, 33A-3, 37-1, 44-2, and 44-3 as | ||
follows:
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(720 ILCS 5/9-3.3) (from Ch. 38, par. 9-3.3)
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Sec. 9-3.3. Drug-induced homicide.
| ||
(a) A person who violates Section
401 of
the Illinois | ||
Controlled Substances Act or Section 55 of the Methamphetamine | ||
Control and Community Protection Act by unlawfully delivering a | ||
controlled
substance to another, and any person dies as a | ||
result of the injection,
inhalation or ingestion of any amount | ||
of that controlled substance, commits the
offense of | ||
drug-induced homicide.
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(b) Sentence. Drug-induced homicide is a Class X felony.
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(c) A person who commits drug-induced homicide by violating | ||
subsection (a)
or subsection (c) of Section 401 of the Illinois | ||
Controlled Substances Act or Section 55 of the Methamphetamine | ||
Control and Community Protection Act
commits a Class X felony | ||
for which the
defendant shall in addition to a sentence | ||
authorized by law, be sentenced
to a term of imprisonment of | ||
not less than 15 years and not more than 30
years or an | ||
extended term of not less than 30 years and not more than 60 | ||
years.
| ||
(Source: P.A. 91-357, eff. 7-29-99; 92-256, eff. 1-1-02.)
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(720 ILCS 5/11-19.2) (from Ch. 38, par. 11-19.2)
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Sec. 11-19.2. Exploitation of a child.
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(A) A person commits exploitation
of a child when he or she | ||
confines a child under the age of 16 or a severely or | ||
profoundly mentally retarded person against his
or her will by | ||
the infliction or threat of imminent infliction of great
bodily |
harm, permanent disability or disfigurement or by | ||
administering to
the child or severely or profoundly mentally
| ||
retarded person without his or her consent or by threat or | ||
deception and for
other
than medical purposes, any alcoholic | ||
intoxicant or a drug as defined in
the Illinois Controlled | ||
Substances Act or the Cannabis Control Act or methamphetamine | ||
as defined in the Methamphetamine Control and Community | ||
Protection Act and:
| ||
(1) compels the child or severely or profoundly
| ||
mentally retarded person to become a prostitute; or
| ||
(2) arranges a situation in which the child or
severely | ||
or profoundly mentally retarded person may practice | ||
prostitution; or
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(3) receives any money, property, token, object, or | ||
article or
anything of
value from the child or severely or | ||
profoundly mentally retarded person knowing
it was | ||
obtained
in whole or in part from the practice of | ||
prostitution.
| ||
(B) For purposes of this Section, administering drugs, as | ||
defined in
subsection
(A), or an alcoholic intoxicant to a | ||
child under the age of 13 or a severely or profoundly mentally | ||
retarded person shall be
deemed to be without consent if such | ||
administering is done without the consent
of the parents or | ||
legal guardian.
| ||
(C) Exploitation of a child is a Class X felony.
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(D) Any person convicted under this Section is subject to | ||
the
forfeiture provisions of Section 11-20.1A of this Act.
| ||
(Source: P.A. 91-357, eff. 7-29-99; 91-696, eff. 4-13-00; | ||
92-434, eff. 1-1-02.)
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(720 ILCS 5/14-3) (from Ch. 38, par. 14-3)
| ||
Sec. 14-3. Exemptions. The following activities shall be
| ||
exempt from the provisions of this Article:
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(a) Listening to radio, wireless and television | ||
communications of
any sort where the same are publicly made;
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(b) Hearing conversation when heard by employees of any |
common
carrier by wire incidental to the normal course of their | ||
employment in
the operation, maintenance or repair of the | ||
equipment of such common
carrier by wire so long as no | ||
information obtained thereby is used or
divulged by the hearer;
| ||
(c) Any broadcast by radio, television or otherwise whether | ||
it be a
broadcast or recorded for the purpose of later | ||
broadcasts of any
function where the public is in attendance | ||
and the conversations are
overheard incidental to the main | ||
purpose for which such broadcasts are
then being made;
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(d) Recording or listening with the aid of any device to | ||
any
emergency communication made in the normal course of | ||
operations by any
federal, state or local law enforcement | ||
agency or institutions dealing
in emergency services, | ||
including, but not limited to, hospitals,
clinics, ambulance | ||
services, fire fighting agencies, any public utility,
| ||
emergency repair facility, civilian defense establishment or | ||
military
installation;
| ||
(e) Recording the proceedings of any meeting required to be | ||
open by
the Open Meetings Act, as amended;
| ||
(f) Recording or listening with the aid of any device to | ||
incoming
telephone calls of phone lines publicly listed or | ||
advertised as consumer
"hotlines" by manufacturers or | ||
retailers of food and drug products. Such
recordings must be | ||
destroyed, erased or turned over to local law
enforcement | ||
authorities within 24 hours from the time of such recording and
| ||
shall not be otherwise disseminated. Failure on the part of the | ||
individual
or business operating any such recording or | ||
listening device to comply with
the requirements of this | ||
subsection shall eliminate any civil or criminal
immunity | ||
conferred upon that individual or business by the operation of
| ||
this Section;
| ||
(g) With prior notification to the State's Attorney of the
| ||
county in which
it is to occur, recording or listening with the | ||
aid of any device to any
conversation
where a law enforcement | ||
officer, or any person acting at the direction of law
| ||
enforcement, is a party to the conversation and has consented |
to it being
intercepted or recorded under circumstances where | ||
the use of the device is
necessary for the protection of the | ||
law enforcement officer or any person
acting at the direction | ||
of law enforcement, in the course of an
investigation
of a | ||
forcible felony, a felony violation of the Illinois Controlled | ||
Substances
Act, a felony violation of the Cannabis Control Act, | ||
a felony violation of the Methamphetamine Control and Community | ||
Protection Act, or any "streetgang
related" or "gang-related" | ||
felony as those terms are defined in the Illinois
Streetgang | ||
Terrorism Omnibus Prevention Act.
Any recording or evidence | ||
derived
as the
result of this exemption shall be inadmissible | ||
in any proceeding, criminal,
civil or
administrative, except | ||
(i) where a party to the conversation suffers great
bodily | ||
injury or is killed during such conversation, or
(ii)
when used | ||
as direct impeachment of a witness concerning matters contained | ||
in
the interception or recording. The Director of the
| ||
Department of
State Police shall issue regulations as are | ||
necessary concerning the use of
devices, retention of tape | ||
recordings, and reports regarding their
use;
| ||
(g-5) With approval of the State's Attorney of the county | ||
in
which it is to occur, recording or listening with the aid of | ||
any device to any
conversation where a law enforcement officer, | ||
or any person acting at the
direction of law enforcement, is a | ||
party to the conversation and has consented
to it being | ||
intercepted or recorded in the course of an investigation of | ||
any
offense defined in Article 29D of this Code.
In all such | ||
cases, an application for an order approving
the previous or | ||
continuing use of an eavesdropping
device must be made within | ||
48 hours of the commencement of
such use. In the absence of | ||
such an order, or upon its denial,
any continuing use shall | ||
immediately terminate.
The Director of
State Police shall issue | ||
rules as are necessary concerning the use of
devices, retention | ||
of tape recordings, and reports regarding their use.
| ||
Any recording or evidence obtained or derived in the course | ||
of an
investigation of any offense defined in Article 29D of | ||
this Code shall, upon
motion of the State's Attorney or |
Attorney General prosecuting any violation of
Article 29D, be | ||
reviewed in camera with notice to all parties present by the
| ||
court presiding over the criminal
case, and, if ruled by the | ||
court to be relevant and otherwise admissible,
it shall be | ||
admissible at the trial of the criminal
case.
| ||
This subsection (g-5) is inoperative on and after January | ||
1, 2005.
No conversations recorded or monitored pursuant to | ||
this subsection (g-5)
shall be inadmissible
inadmissable in a | ||
court of law by virtue of the repeal of this
subsection (g-5) | ||
on January 1, 2005;
| ||
(h) Recordings made simultaneously with a video recording | ||
of an oral
conversation between a peace officer, who has | ||
identified his or her office, and
a person stopped for an | ||
investigation of an offense under the Illinois Vehicle
Code;
| ||
(i) Recording of a conversation made by or at the request | ||
of a person, not a
law enforcement officer or agent of a law | ||
enforcement officer, who is a party
to the conversation, under | ||
reasonable suspicion that another party to the
conversation is | ||
committing, is about to commit, or has committed a criminal
| ||
offense against the person or a member of his or her immediate | ||
household, and
there is reason to believe that evidence of the | ||
criminal offense may be
obtained by the recording;
| ||
(j) The use of a telephone monitoring device by either (1) | ||
a
corporation or other business entity engaged in marketing or | ||
opinion research
or (2) a corporation or other business entity | ||
engaged in telephone
solicitation, as
defined in this | ||
subsection, to record or listen to oral telephone solicitation
| ||
conversations or marketing or opinion research conversations | ||
by an employee of
the corporation or other business entity | ||
when:
| ||
(i) the monitoring is used for the purpose of service | ||
quality control of
marketing or opinion research or | ||
telephone solicitation, the education or
training of | ||
employees or contractors
engaged in marketing or opinion | ||
research or telephone solicitation, or internal
research | ||
related to marketing or
opinion research or telephone
|
solicitation; and
| ||
(ii) the monitoring is used with the consent of at | ||
least one person who
is an active party to the marketing or | ||
opinion research conversation or
telephone solicitation | ||
conversation being
monitored.
| ||
No communication or conversation or any part, portion, or | ||
aspect of the
communication or conversation made, acquired, or | ||
obtained, directly or
indirectly,
under this exemption (j), may | ||
be, directly or indirectly, furnished to any law
enforcement | ||
officer, agency, or official for any purpose or used in any | ||
inquiry
or investigation, or used, directly or indirectly, in | ||
any administrative,
judicial, or other proceeding, or divulged | ||
to any third party.
| ||
When recording or listening authorized by this subsection | ||
(j) on telephone
lines used for marketing or opinion research | ||
or telephone solicitation purposes
results in recording or
| ||
listening to a conversation that does not relate to marketing | ||
or opinion
research or telephone solicitation; the
person | ||
recording or listening shall, immediately upon determining | ||
that the
conversation does not relate to marketing or opinion | ||
research or telephone
solicitation, terminate the recording
or | ||
listening and destroy any such recording as soon as is | ||
practicable.
| ||
Business entities that use a telephone monitoring or | ||
telephone recording
system pursuant to this exemption (j) shall | ||
provide current and prospective
employees with notice that the | ||
monitoring or recordings may occur during the
course of their | ||
employment. The notice shall include prominent signage
| ||
notification within the workplace.
| ||
Business entities that use a telephone monitoring or | ||
telephone recording
system pursuant to this exemption (j) shall | ||
provide their employees or agents
with access to personal-only | ||
telephone lines which may be pay telephones, that
are not | ||
subject to telephone monitoring or telephone recording.
| ||
For the purposes of this subsection (j), "telephone | ||
solicitation" means a
communication through the use of a |
telephone by live operators:
| ||
(i) soliciting the sale of goods or services;
| ||
(ii) receiving orders for the sale of goods or | ||
services;
| ||
(iii) assisting in the use of goods or services; or
| ||
(iv) engaging in the solicitation, administration, or | ||
collection of bank
or
retail credit accounts.
| ||
For the purposes of this subsection (j), "marketing or | ||
opinion research"
means
a marketing or opinion research | ||
interview conducted by a live telephone
interviewer engaged by | ||
a corporation or other business entity whose principal
business | ||
is the design, conduct, and analysis of polls and surveys | ||
measuring
the
opinions, attitudes, and responses of | ||
respondents toward products and services,
or social or | ||
political issues, or both ; .
| ||
(k) Electronic recordings, including but not limited to, a | ||
motion picture,
videotape, digital, or other visual or audio | ||
recording, made of a custodial
interrogation of an individual | ||
at a police station or other place of detention
by a law | ||
enforcement officer under Section 5-401.5 of the Juvenile Court | ||
Act of
1987 or Section 103-2.1 of the Code of Criminal | ||
Procedure of 1963; and | ||
(l)
(k) Recording the interview or statement of any person | ||
when the person
knows that the interview is being conducted by | ||
a law enforcement officer or
prosecutor and the interview takes | ||
place at a police station that is currently
participating in | ||
the Custodial Interview Pilot Program established under the
| ||
Illinois Criminal Justice Information Act.
| ||
(Source: P.A. 92-854, eff. 12-5-02; 93-206, eff. 7-18-03; | ||
93-517, eff.
8-6-03; 93-605, eff. 11-19-03; revised 12-9-03.)
| ||
(720 ILCS 5/19-5) (from Ch. 38, par. 19-5)
| ||
Sec. 19-5. Criminal fortification of a residence or | ||
building. (a) A
person commits the offense of criminal | ||
fortification of a residence or
building when, with the intent | ||
to prevent the lawful entry of a law
enforcement officer or |
another, he maintains a residence or building in a
fortified | ||
condition, knowing that such residence or building is used for | ||
the
manufacture, storage, delivery, or trafficking of | ||
cannabis ,
or controlled
substances , or methamphetamine as | ||
defined in the Cannabis Control Act , the
or Illinois Controlled | ||
Substances Act , or the Methamphetamine Control and Community | ||
Protection Act .
| ||
(b) "Fortified condition" means preventing or impeding | ||
entry through the
use of steel doors, wooden planking, | ||
crossbars, alarm systems, dogs, or
other similar means.
| ||
(c) Sentence. Criminal fortification of a residence or | ||
building is a
Class 3 felony.
| ||
(d) This Section does not apply to the fortification of a | ||
residence or building used in the manufacture of | ||
methamphetamine as described in Sections 10 and 15 of the | ||
Methamphetamine Control and Community Protection Act.
| ||
(Source: P.A. 86-760.)
| ||
(720 ILCS 5/20-2) (from Ch. 38, par. 20-2)
| ||
Sec. 20-2. Possession of explosives or explosive or | ||
incendiary devices.
| ||
(a) A person commits the offense of possession of | ||
explosives or
explosive or incendiary devices in violation of | ||
this Section when he or she
possesses, manufactures or | ||
transports
any explosive compound, timing or detonating device | ||
for use with any explosive
compound or incendiary device
and | ||
either intends to use such explosive or device to commit any | ||
offense or
knows that another intends to use such explosive or | ||
device to commit a
felony.
| ||
(b) Sentence.
| ||
Possession of explosives or explosive or incendiary | ||
devices in violation
of this Section is a Class 1 felony for | ||
which a person, if
sentenced to a term of imprisonment, shall | ||
be sentenced to not less than 4
years and not more than 30 | ||
years.
| ||
(c) (Blank).
In this Section, "explosive compound" or |
"incendiary device"
includes a methamphetamine manufacturing | ||
chemical as defined in clause
(z-1) of Section 102 of the | ||
Illinois Controlled Substances Act.
| ||
(Source: P.A. 93-594, eff. 1-1-04.)
| ||
(720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| ||
Sec. 24-1.1. Unlawful Use or Possession of Weapons by | ||
Felons or
Persons in the Custody of the
Department of | ||
Corrections Facilities. | ||
(a) It is unlawful
for a person to knowingly possess on or | ||
about his person or on his land or
in his own abode or fixed | ||
place of business any weapon prohibited under
Section 24-1 of | ||
this Act or any firearm or any firearm ammunition if the
person | ||
has been convicted of a felony under the laws of this State or | ||
any
other jurisdiction. This Section shall not apply if the | ||
person has been
granted relief by the Director of the | ||
Department of State Police
under Section 10 of the Firearm | ||
Owners Identification
Card Act.
| ||
(b) It is unlawful for any person confined in a penal | ||
institution,
which is a facility of the Illinois Department of | ||
Corrections, to possess
any weapon prohibited under Section | ||
24-1 of this Code or any firearm or
firearm ammunition, | ||
regardless of the intent with which he possesses it.
| ||
(c) It shall be an affirmative defense to a violation of | ||
subsection (b), that such possession was specifically | ||
authorized by rule,
regulation, or directive of the Illinois | ||
Department of Corrections or order
issued pursuant thereto.
| ||
(d) The defense of necessity is not available to a person | ||
who is charged
with a violation of subsection (b) of this | ||
Section.
| ||
(e) Sentence. Violation of this Section by a person not | ||
confined
in a penal institution shall be a Class 3 felony
for | ||
which the person, if sentenced
to a term of imprisonment, shall | ||
be sentenced to no less than 2 years and no
more than 10 years. | ||
Violation of this Section by a person not confined in a
penal | ||
institution who has been convicted of a forcible felony, a |
felony
violation of Article 24 of this Code or of the Firearm | ||
Owners Identification
Card Act, stalking or aggravated | ||
stalking, or a Class 2 or greater felony
under the Illinois | ||
Controlled Substances Act ,
or the Cannabis Control Act , or the | ||
Methamphetamine Control and Community Protection Act is a
Class | ||
2 felony for which the person, if sentenced to a term of | ||
imprisonment,
shall be sentenced to not less than 3 years and | ||
not more than 14 years.
Violation of this Section by a person | ||
who is on parole or mandatory supervised
release is a Class 2 | ||
felony for which the person, if sentenced to a term of
| ||
imprisonment, shall be sentenced to not less than 3 years and | ||
not more than 14
years. Violation of this Section by a person | ||
not confined in a penal
institution is a Class X felony when | ||
the firearm possessed is a machine gun.
Any person who violates | ||
this Section while confined in a penal
institution, which is a | ||
facility of the Illinois Department of
Corrections, is guilty | ||
of a Class 1
felony, if he possesses any weapon prohibited | ||
under Section 24-1 of this
Code regardless of the intent with | ||
which he possesses it, a Class X
felony if he possesses any | ||
firearm, firearm ammunition or explosive, and a
Class X felony | ||
for which the offender shall be sentenced to not less than 12
| ||
years and not more than 50 years when the firearm possessed is | ||
a machine
gun. A violation of this Section while wearing or in | ||
possession of body armor as defined in Section 33F-1 is a Class | ||
X felony punishable by a term of imprisonment of not less than | ||
10 years and not more than 40 years.
| ||
(Source: P.A. 93-906, eff. 8-11-04.)
| ||
(720 ILCS 5/24-1.6)
| ||
Sec. 24-1.6. Aggravated unlawful use of a weapon.
| ||
(a) A person commits the offense of aggravated unlawful use | ||
of a weapon when
he or she knowingly:
| ||
(1) Carries on or about his or her person or in any | ||
vehicle or concealed
on or about his or her person except | ||
when on his or her land or in his or her
abode or fixed | ||
place of business any pistol, revolver, stun gun or taser |
or
other firearm; or
| ||
(2) Carries or possesses on or about his or her person, | ||
upon any public
street, alley, or other public lands within | ||
the corporate limits of a city,
village or incorporated | ||
town, except when an invitee thereon or therein, for
the | ||
purpose of the display of such weapon or the lawful | ||
commerce in weapons, or
except when on his or her own land | ||
or in his or her own abode or fixed place of
business, any | ||
pistol, revolver, stun gun or taser or other firearm; and
| ||
(3) One of the following factors is present:
| ||
(A) the firearm possessed was uncased, loaded and | ||
immediately accessible
at the time of the offense; or
| ||
(B) the firearm possessed was uncased, unloaded | ||
and the ammunition for
the weapon was immediately | ||
accessible at the time of the offense; or
| ||
(C) the person possessing the firearm has not been | ||
issued a currently
valid Firearm Owner's | ||
Identification Card; or
| ||
(D) the person possessing the weapon was | ||
previously adjudicated
a delinquent minor under the | ||
Juvenile Court Act of 1987 for an act that if
committed | ||
by an adult would be a felony; or
| ||
(E) the person possessing the weapon was engaged in | ||
a misdemeanor
violation of the Cannabis
Control Act ,
or
| ||
in a misdemeanor violation of the Illinois Controlled | ||
Substances
Act , or in a misdemeanor violation of the | ||
Methamphetamine Control and Community Protection Act ; | ||
or
| ||
(F) the person possessing the weapon is a member of | ||
a
street gang or is engaged in street gang related | ||
activity, as defined in
Section 10 of the Illinois | ||
Streetgang Terrorism Omnibus Prevention Act; or
| ||
(G) the person possessing the weapon had a order of | ||
protection issued
against him or her within the | ||
previous 2 years; or
| ||
(H) the person possessing the weapon was engaged in |
the commission or
attempted commission of
a | ||
misdemeanor involving the use or threat of violence | ||
against
the person or property of another; or
| ||
(I) the person possessing the weapon was under 21 | ||
years of age and in
possession of a handgun as defined | ||
in Section 24-3, unless the person under 21
is engaged | ||
in lawful activities under the Wildlife Code or | ||
described in
subsection 24-2(b)(1), (b)(3), or | ||
24-2(f).
| ||
(b) "Stun gun or taser" as used in this Section has the | ||
same definition
given to it in Section 24-1 of this Code.
| ||
(c) This Section does not apply to or affect the | ||
transportation or
possession
of weapons that:
| ||
(i) are broken down in a non-functioning state; or
| ||
(ii) are not immediately accessible; or
| ||
(iii) are unloaded and enclosed in a case, firearm | ||
carrying box,
shipping box, or other container by a | ||
person who has been issued a currently
valid Firearm | ||
Owner's
Identification Card.
| ||
(d) Sentence. Aggravated unlawful use of a weapon is a | ||
Class 4 felony;
a second or subsequent offense is a Class 2 | ||
felony. Aggravated unlawful use of
a weapon by a person who has | ||
been previously
convicted of a felony in this State or another | ||
jurisdiction is a Class 2
felony. Aggravated unlawful use of a | ||
weapon while wearing or in possession of body armor as defined | ||
in Section 33F-1 by a person who has not been issued a valid | ||
Firearms Owner's Identification Card in accordance with | ||
Section 5 of the Firearm Owners Identification Card Act is a | ||
Class X felony.
| ||
(Source: P.A. 93-906, eff. 8-11-04.)
| ||
(720 ILCS 5/29B-1) (from Ch. 38, par. 29B-1)
| ||
Sec. 29B-1. (a) A person commits the offense of money | ||
laundering:
| ||
(1) when
he knowingly engages or attempts to engage in | ||
a financial transaction in
criminally derived property |
with either the intent to promote the carrying
on of the | ||
unlawful activity from which the criminally derived | ||
property was
obtained or where he knows or reasonably | ||
should know that the financial
transaction is designed in
| ||
whole or in part to conceal or disguise the nature, the | ||
location, the
source, the ownership or the control of the | ||
criminally derived property;
or
| ||
(2) when, with the intent to:
| ||
(A) promote the carrying on of a specified criminal | ||
activity as defined
in this Article; or
| ||
(B) conceal or disguise the nature, location, | ||
source, ownership, or
control of property believed to | ||
be the proceeds of a specified criminal
activity as | ||
defined by subdivision (b)(6),
| ||
he or she conducts or attempts to conduct a financial | ||
transaction
involving property he or she believes to be the | ||
proceeds of specified criminal
activity as defined by | ||
subdivision (b)(6) or property used to conduct or
| ||
facilitate specified criminal activity as defined by | ||
subdivision (b)(6).
| ||
(b) As used in this Section:
| ||
(1) "Financial transaction" means a purchase, sale, | ||
loan, pledge, gift,
transfer, delivery or other | ||
disposition utilizing criminally derived property,
and | ||
with respect to financial institutions, includes a | ||
deposit, withdrawal,
transfer between accounts, exchange | ||
of currency, loan, extension of credit,
purchase or sale of | ||
any stock, bond, certificate of deposit or other monetary
| ||
instrument or any other payment, transfer or delivery by, | ||
through, or to a
financial institution.
For purposes of | ||
clause (a)(2) of this Section, the term "financial
| ||
transaction" also
means a transaction which without regard | ||
to whether the funds, monetary
instruments, or real or | ||
personal property involved in the transaction are
| ||
criminally derived, any transaction which in any way or | ||
degree: (1) involves
the movement of funds by wire or any |
other means; (2) involves one or more
monetary instruments; | ||
or (3) the transfer of title to any real or personal
| ||
property.
The receipt by an attorney of bona fide fees for | ||
the purpose
of legal representation is not a financial | ||
transaction for purposes of this
Section.
| ||
(2) "Financial institution" means any bank; saving and | ||
loan
association; trust company; agency or branch of a | ||
foreign bank in the
United States; currency exchange; | ||
credit union, mortgage banking
institution; pawnbroker; | ||
loan or finance company; operator of a credit card
system; | ||
issuer, redeemer or cashier of travelers checks, checks or | ||
money
orders; dealer in precious metals, stones or jewels; | ||
broker or dealer in
securities or commodities; investment | ||
banker; or investment company.
| ||
(3) "Monetary instrument" means United States coins | ||
and currency;
coins and currency of a foreign country; | ||
travelers checks; personal checks,
bank checks, and money | ||
orders; investment securities; bearer
negotiable | ||
instruments; bearer investment securities; or bearer | ||
securities
and certificates of stock in such form that | ||
title thereto passes upon
delivery.
| ||
(4) "Criminally derived property" means: (A) any | ||
property constituting
or
derived from proceeds obtained, | ||
directly or indirectly, pursuant to a
violation of the | ||
Criminal Code of 1961, the Illinois Controlled Substances
| ||
Act ,
or the Cannabis Control Act , or the Methamphetamine | ||
Control and Community Protection Act ; or (B) any property
| ||
represented to be property constituting or derived from | ||
proceeds obtained,
directly or indirectly, pursuant to a | ||
violation of this Code, the Illinois
Controlled Substances | ||
Act, or the Cannabis Control Act , or the Methamphetamine | ||
Control and Community Protection Act .
| ||
(5) "Conduct" or "conducts" includes, in addition to | ||
its ordinary
meaning, initiating, concluding, or | ||
participating in initiating or concluding
a transaction.
| ||
(6) "Specified criminal activity" means any violation |
of Section 20.5-5
(720 ILCS 5/20.5-5) and any violation of | ||
Article 29D of this Code.
| ||
(c) Sentence.
| ||
(1) Laundering of criminally derived property of a | ||
value not exceeding
$10,000 is a Class 3 felony;
| ||
(2) Laundering of criminally derived property of a | ||
value exceeding
$10,000 but not exceeding $100,000 is a | ||
Class 2 felony;
| ||
(3) Laundering of criminally derived property of a | ||
value exceeding
$100,000 but not exceeding $500,000 is a | ||
Class 1 felony;
| ||
(4) Money laundering in violation of subsection (a)(2) | ||
of this Section
is a Class X felony;
| ||
(5) Laundering of criminally derived property of a | ||
value exceeding
$500,000 is a
Class 1 non-probationable | ||
felony.
| ||
(Source: P.A. 92-854, eff. 12-5-02; 93-520, eff. 8-6-03.)
| ||
(720 ILCS 5/31A-1.1) (from Ch. 38, par. 31A-1.1)
| ||
Sec. 31A-1.1. Bringing Contraband into a Penal | ||
Institution;
Possessing Contraband in a Penal Institution.
| ||
(a) A person commits the offense of bringing contraband | ||
into a penal
institution when he knowingly and without | ||
authority of any person designated
or authorized to grant such | ||
authority (1) brings an item of contraband into
a penal | ||
institution or (2) causes another to bring an item of
| ||
contraband into a penal institution or (3) places an item of
| ||
contraband in such proximity to a penal institution as to give | ||
an
inmate access to the contraband.
| ||
(b) A person commits the offense of possessing contraband | ||
in a
penal institution when he possesses contraband in a penal | ||
institution,
regardless of the intent with which he possesses | ||
it.
| ||
(c) For the purposes of this Section, the words and phrases
| ||
listed below shall be defined as follows:
| ||
(1) "Penal institution" means any penitentiary, State |
farm,
reformatory, prison, jail, house of correction, | ||
police detention area,
half-way house or other institution | ||
or place for the incarceration or
custody of persons under | ||
sentence for offenses awaiting trial or sentence
for | ||
offenses, under arrest for an offense, a violation of | ||
probation, a
violation of parole, or a violation of | ||
mandatory supervised release, or
awaiting a bail setting | ||
hearing or preliminary hearing; provided that where
the | ||
place for incarceration or custody is housed within another | ||
public
building this Act shall not apply to that part of | ||
such building unrelated
to the incarceration or custody of | ||
persons.
| ||
(2) "Item of contraband" means any of the following:
| ||
(i) "Alcoholic liquor" as such term is defined in | ||
Section 1-3.05 of the
The
Liquor Control Act of 1934 as | ||
such Act may be now or hereafter amended .
| ||
(ii) "Cannabis" as such term is defined in | ||
subsection (a) of Section 3
of the " Cannabis Control | ||
Act ", approved August 16, 1971, as
now or hereafter | ||
amended .
| ||
(iii) "Controlled substance" as such term is | ||
defined in the " Illinois
Controlled Substances Act ", | ||
approved August 16, 1971, as
now or hereafter amended .
| ||
(iii-a) "Methamphetamine" as such term is defined | ||
in the Illinois Controlled Substances Act or the | ||
Methamphetamine Control and Community Protection Act.
| ||
(iv) "Hypodermic syringe" or hypodermic needle, or | ||
any instrument
adapted for use of controlled | ||
substances or cannabis by subcutaneous injection.
| ||
(v) "Weapon" means any knife, dagger, dirk, billy, | ||
razor, stiletto,
broken bottle, or other piece of glass | ||
which could be used as a dangerous
weapon. Such term | ||
includes any of the devices or implements designated in
| ||
subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 | ||
of this
Act, or any other dangerous weapon or | ||
instrument of like character.
|
(vi) "Firearm" means any device, by whatever name | ||
known, which is
designed to expel a projectile or | ||
projectiles by the action of an
explosion, expansion of | ||
gas or escape of gas, including but not limited to:
| ||
(A) any pneumatic gun, spring gun, or B-B gun | ||
which expels a single
globular projectile not | ||
exceeding .18 inch in diameter, or;
| ||
(B) any device used exclusively for signaling | ||
or safety and required
as
recommended by the United | ||
States Coast Guard or the Interstate Commerce
| ||
Commission; or
| ||
(C) any device used exclusively for the firing | ||
of stud cartridges,
explosive rivets or industrial | ||
ammunition; or
| ||
(D) any device which is powered by electrical | ||
charging units, such as
batteries, and which fires | ||
one or several barbs attached to a length of
wire | ||
and which, upon hitting a human, can send out | ||
current capable of
disrupting the person's nervous | ||
system in such a manner as to render him
incapable | ||
of normal functioning, commonly referred to as a | ||
stun gun or taser.
| ||
(vii) "Firearm ammunition" means any | ||
self-contained cartridge or shotgun
shell, by whatever | ||
name known, which is designed to be used or adaptable | ||
to
use in a firearm, including but not limited to:
| ||
(A) any ammunition exclusively designed for | ||
use with a device used
exclusively for signaling or | ||
safety and required or recommended by the
United | ||
States Coast Guard or the Interstate Commerce | ||
Commission; or
| ||
(B) any ammunition designed exclusively for | ||
use with a stud or rivet
driver or other similar | ||
industrial ammunition.
| ||
(viii) "Explosive" means, but is not limited to, | ||
bomb, bombshell,
grenade, bottle or other container |
containing an explosive substance of
over one-quarter | ||
ounce for like purposes such as black powder bombs and
| ||
Molotov cocktails or artillery projectiles.
| ||
(ix) "Tool to defeat security mechanisms" means, | ||
but is not limited to,
handcuff or security restraint | ||
key, tool designed to pick locks, or device or
| ||
instrument capable of unlocking handcuff or security | ||
restraints, doors to
cells, rooms, gates or other areas | ||
of the penal institution.
| ||
(x) "Cutting tool" means, but is not limited to, | ||
hacksaw blade,
wirecutter,
or device, instrument or | ||
file capable of cutting through metal.
| ||
(xi) "Electronic contraband" means, but is not | ||
limited to, any
electronic, video recording device, | ||
computer, or cellular communications
equipment, | ||
including, but not
limited to, cellular telephones, | ||
cellular telephone batteries, videotape
recorders, | ||
pagers,
computers, and computer peripheral equipment | ||
brought into or possessed in a
penal institution | ||
without the written authorization of the Chief | ||
Administrative
Officer.
| ||
(d) Bringing alcoholic liquor into a penal institution is a | ||
Class 4
felony. Possessing alcoholic liquor in a penal | ||
institution is a Class 4
felony.
| ||
(e) Bringing cannabis into a penal institution is a Class 3 | ||
felony.
Possessing cannabis in a penal institution is a Class 3 | ||
felony.
| ||
(f) Bringing any amount of a controlled substance | ||
classified in
Schedules III, IV or V of Article II of the | ||
Controlled Substance Act into a
penal institution is a Class 2 | ||
felony. Possessing any amount of a
controlled substance | ||
classified in Schedule III, IV, or V of Article II of
the | ||
Controlled Substance Act in a penal institution is a Class 2 | ||
felony.
| ||
(g) Bringing any amount of a controlled substance | ||
classified in
Schedules I or II of Article II of the Controlled |
Substance Act into a
penal institution is a Class 1 felony. | ||
Possessing any amount of a
controlled substance classified in | ||
Schedules I or II of Article II of the
Controlled Substance Act | ||
in a penal institution is a Class 1 felony.
| ||
(h) Bringing an item of contraband listed in paragraph (iv) | ||
of
subsection (c)(2) into a penal institution is a Class 1 | ||
felony. Possessing
an item of contraband listed in paragraph | ||
(iv) of subsection (c)(2) in a
penal institution is a Class 1 | ||
felony.
| ||
(i) Bringing an item of contraband listed in paragraph (v), | ||
(ix),
(x), or (xi)
of subsection
(c)(2) into a penal | ||
institution is a Class 1 felony. Possessing an item of
| ||
contraband listed in paragraph (v), (ix), (x), or (xi) of
| ||
subsection (c)(2) in a
penal
institution is a Class 1 felony.
| ||
(j) Bringing an item of contraband listed in paragraphs | ||
(vi), (vii) or
(viii) of subsection (c)(2) in a penal | ||
institution is a Class X felony.
Possessing an item of | ||
contraband listed in paragraphs (vi), (vii), or
(viii) of | ||
subsection (c)(2) in a penal institution is a Class X felony.
| ||
(k) It shall be an affirmative defense to subsection
(b) | ||
hereof, that
such possession was specifically authorized by | ||
rule, regulation, or
directive of the governing authority of | ||
the penal institution or order
issued pursuant thereto.
| ||
(l) It shall be an affirmative defense to subsection (a)(1) | ||
and
subsection (b) hereof that the person bringing into or | ||
possessing
contraband in a penal institution had been arrested, | ||
and that that person
possessed such contraband at the time of | ||
his
arrest, and that such contraband was brought into or | ||
possessed in the penal
institution by that person as a direct | ||
and immediate result of his arrest.
| ||
(m) Items confiscated may be retained for use by the | ||
Department of
Corrections or disposed of as deemed appropriate | ||
by the Chief Administrative
Officer in accordance with | ||
Department rules or disposed of as required by
law.
| ||
(Source: P.A. 88-678, eff. 7-1-95; 89-688, eff. 6-1-97.)
|
(720 ILCS 5/31A-1.2) (from Ch. 38, par. 31A-1.2)
| ||
Sec. 31A-1.2. Unauthorized bringing of contraband into a | ||
penal institution
by an employee; unauthorized possessing of | ||
contraband in a penal institution by
an employee; unauthorized | ||
delivery of contraband in a penal institution by an
employee.
| ||
(a) A person commits the offense of unauthorized bringing | ||
of contraband into
a penal institution by an employee when a | ||
person who is an employee knowingly
and without authority or | ||
any person designated or authorized to grant such
authority:
| ||
(1) brings or attempts to bring an item of contraband | ||
listed in paragraphs
(i) through (iv) of subsection (d)(4) | ||
into a penal institution, or
| ||
(2) causes or permits another to bring an item of | ||
contraband listed in
paragraphs (i) through (iv) of | ||
subsection (d)(4) into a penal
institution.
| ||
(b) A person commits the offense of unauthorized possession | ||
of contraband in
a penal institution by an employee when a | ||
person who is an employee knowingly
and without authority of | ||
any person designated or authorized to grant such
authority | ||
possesses contraband listed in paragraphs (i) through (iv) of
| ||
subsection (d)(4) in a penal institution, regardless of the | ||
intent with which
he possesses it.
| ||
(c) A person commits the offense of unauthorized delivery | ||
of contraband
in a penal institution by an employee when a | ||
person who is an employee
knowingly and without authority of | ||
any person designated or authorized to grant
such authority:
| ||
(1) delivers or possesses with intent to deliver an | ||
item of contraband
to any inmate of a penal institution, or
| ||
(2) conspires to deliver or solicits the delivery of an | ||
item of
contraband to any inmate of a penal institution, or
| ||
(3) causes or permits the delivery of an item of | ||
contraband to any
inmate of a penal institution, or
| ||
(4) permits another person to attempt to deliver an | ||
item of contraband to
any inmate of a penal institution.
| ||
(d) For purpose of this Section, the words and phrases | ||
listed below
shall be defined as follows:
|
(1) "Penal Institution" shall have the meaning | ||
ascribed to it in
subsection (c)(1) of Section 31A-1.1 of | ||
this Code;
| ||
(2) "Employee" means any elected or appointed officer, | ||
trustee or
employee of a penal institution or of the | ||
governing authority of the penal
institution, or any person | ||
who performs services for the penal institution
pursuant to | ||
contract with the penal institution or its governing
| ||
authority.
| ||
(3) "Deliver" or "delivery" means the actual, | ||
constructive or attempted
transfer of possession of an item | ||
of contraband, with or without consideration,
whether or | ||
not there is an agency relationship;
| ||
(4) "Item of contraband" means any of the following:
| ||
(i) "Alcoholic liquor" as such term is defined in | ||
Section 1-3.05 of the
Liquor Control Act of 1934.
| ||
(ii) "Cannabis" as such term is defined in | ||
subsection (a) of
Section 3 of the Cannabis Control | ||
Act.
| ||
(iii) "Controlled substance" as such term is | ||
defined in the Illinois
Controlled Substances Act.
| ||
(iii-a) "Methamphetamine" as such term is defined | ||
in the Illinois Controlled Substances Act or the | ||
Methamphetamine Control and Community Protection Act.
| ||
(iv) "Hypodermic syringe" or hypodermic needle, or | ||
any instrument
adapted for use of controlled | ||
substances or cannabis by subcutaneous injection.
| ||
(v) "Weapon" means any knife, dagger, dirk, billy, | ||
razor, stiletto,
broken bottle, or other piece of glass | ||
which could be used as a dangerous
weapon. Such term | ||
includes any of the devices or implements designated in
| ||
subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 | ||
of this Act, or any
other dangerous weapon or | ||
instrument of like character.
| ||
(vi) "Firearm" means any device, by whatever name | ||
known, which is
designed to expel a projectile or |
projectiles by the action of an explosion,
expansion of | ||
gas or escape of gas, including but not limited to:
| ||
(A) any pneumatic gun, spring gun, or B-B gun | ||
which expels a single
globular projectile not | ||
exceeding .18 inch in diameter; or
| ||
(B) any device used exclusively for signaling | ||
or safety and required
or recommended by the United | ||
States Coast Guard or the Interstate Commerce
| ||
Commission; or
| ||
(C) any device used exclusively for the firing | ||
of stud cartridges,
explosive rivets or industrial | ||
ammunition; or
| ||
(D) any device which is powered by electrical | ||
charging units, such as
batteries, and which fires | ||
one or several barbs attached to a length of
wire | ||
and which, upon hitting a human, can send out | ||
current capable of
disrupting the person's nervous | ||
system in such a manner as to render him
incapable | ||
of normal functioning, commonly referred to as a | ||
stun gun or taser.
| ||
(vii) "Firearm ammunition" means any | ||
self-contained cartridge or shotgun
shell, by whatever | ||
name known, which is designed to be used or adaptable | ||
to
use in a firearm, including but not limited to:
| ||
(A) any ammunition exclusively designed for | ||
use with a device used
exclusively for signaling or | ||
safety and required or recommended by the
United | ||
States Coast Guard or the Interstate Commerce | ||
Commission; or
| ||
(B) any ammunition designed exclusively for | ||
use with a stud or rivet
driver or other similar | ||
industrial ammunition.
| ||
(viii) "Explosive" means, but is not limited to, | ||
bomb, bombshell,
grenade, bottle or other container | ||
containing an explosive substance of
over one-quarter | ||
ounce for like purposes such as black powder bombs and
|
Molotov cocktails or artillery projectiles.
| ||
(ix) "Tool to defeat security mechanisms" means, | ||
but is not limited
to,
handcuff or security restraint | ||
key, tool designed to pick locks, or device or
| ||
instrument capable of unlocking handcuff or security | ||
restraints, doors to
cells, rooms, gates or other areas | ||
of the penal institution.
| ||
(x) "Cutting tool" means, but is not limited to, | ||
hacksaw blade,
wirecutter, or device, instrument or | ||
file capable of cutting through metal.
| ||
(xi) "Electronic contraband" means, but is not | ||
limited to, any
electronic, video recording device, | ||
computer, or cellular communications
equipment, | ||
including, but not
limited to, cellular telephones, | ||
cellular telephone batteries, videotape
recorders, | ||
pagers,
computers, and computer peripheral equipment.
| ||
(e) A violation of paragraphs (a) or (b) of this Section | ||
involving alcohol
is a Class 4 felony. A violation of paragraph | ||
(a) or (b) of this Section
involving cannabis is a Class 2 | ||
felony. A violation of paragraph (a) or (b)
involving any | ||
amount of a controlled substance classified in Schedules III, | ||
IV
or V of Article II of the Illinois Controlled Substances Act | ||
is a Class 1
felony. A
violation of paragraph (a) or (b) of | ||
this Section involving any amount of a
controlled substance | ||
classified in Schedules I or II of Article II of the
Illinois | ||
Controlled Substances Act is a Class X felony. A violation of
| ||
paragraph (a) or
(b) involving an item of contraband listed in | ||
paragraph (iv) of subsection
(d)(4) is a Class X felony. A | ||
violation of paragraph (a) or (b) involving an
item of | ||
contraband listed in paragraph (v) or (xi) of subsection (d)(4) | ||
is
a Class 1
felony. A violation of paragraph (a) or (b) | ||
involving an item of contraband
listed in paragraphs (vi), | ||
(vii) or (viii) of subsection (d)(4) is a Class X
felony.
| ||
(f) A violation of paragraph (c) of this Section involving | ||
alcoholic
liquor is a Class 3 felony. A violation of paragraph | ||
(c) involving cannabis
is a Class 1 felony. A violation of |
paragraph (c) involving any amount of a
controlled substance | ||
classified in Schedules III, IV or V of Article II of the
| ||
Illinois Controlled Substances Act is a Class X felony. A | ||
violation of
paragraph (c)
involving any amount of a controlled | ||
substance classified in Schedules I or II
of Article II of the | ||
Illinois Controlled Substances Act is a Class X felony
for | ||
which
the minimum term of imprisonment shall be 8 years. A | ||
violation of paragraph
(c) involving an item of contraband | ||
listed in paragraph (iv) of subsection
(d)(4) is a Class X | ||
felony for which the minimum term of imprisonment shall be
8 | ||
years. A violation of paragraph (c) involving an item of | ||
contraband listed
in paragraph (v), (ix) or (x) of subsection | ||
(d)(4) is a Class X felony for
which the minimum
term of | ||
imprisonment shall be 10 years. A violation of paragraph (c) | ||
involving
an item of contraband listed in paragraphs (vi), | ||
(vii) or (viii) of subsection
(d)(4) is a Class X felony for | ||
which the minimum term of imprisonment shall be
12 years.
| ||
(g) Items confiscated may be retained for use by the | ||
Department of
Corrections or disposed of as deemed appropriate | ||
by the Chief Administrative
Officer in accordance with | ||
Department rules or disposed of as required by
law.
| ||
(Source: P.A. 90-655, eff. 7-30-98; 91-357, eff. 7-29-99.)
| ||
(720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
| ||
Sec. 33A-3. Sentence.
| ||
(a) Violation of Section 33A-2(a) with a
Category I weapon | ||
is a Class X felony for which the defendant shall be
sentenced | ||
to a minimum term of imprisonment of 15 years.
| ||
(a-5) Violation of Section 33A-2(a) with a Category II | ||
weapon
is a Class X
felony for which the defendant shall be | ||
sentenced to a minimum term of
imprisonment of 10 years.
| ||
(b) Violation of Section 33A-2(a)
with a Category III | ||
weapon is a Class 2 felony or the felony
classification | ||
provided for the same act while unarmed, whichever
permits the | ||
greater penalty. A second or subsequent violation of
Section | ||
33A-2(a) with a Category III weapon is a Class 1 felony
or the |
felony classification provided for the same act while unarmed, | ||
whichever
permits the greater penalty.
| ||
(b-5) Violation of Section 33A-2(b) with a firearm that is | ||
a Category I or
Category II
weapon is a Class X felony for | ||
which the defendant shall be sentenced to a
minimum term of | ||
imprisonment of 20 years.
| ||
(b-10) Violation of Section 33A-2(c) with a firearm that is | ||
a Category I or
Category II
weapon is a Class X felony for | ||
which the defendant shall be sentenced to a
term of | ||
imprisonment of not less than 25 years nor more than 40 years.
| ||
(c) Unless sentencing under Section 33B-1 is applicable, | ||
any person who
violates subsection (a) or (b) of Section 33A-2 | ||
with a
firearm, when that person has been convicted in any | ||
state or federal court
of 3 or more of the following offenses: | ||
treason, first degree murder, second
degree murder, predatory | ||
criminal sexual assault of a child, aggravated
criminal sexual | ||
assault, criminal sexual assault,
robbery, burglary, arson, | ||
kidnaping, aggravated battery resulting in great
bodily harm or | ||
permanent disability or disfigurement, a violation of the | ||
Methamphetamine Control and Community Protection Act, or a | ||
violation of Section
401(a) of the Illinois Controlled | ||
Substances Act,
when the third offense was committed after | ||
conviction on the second, the second
offense was committed | ||
after conviction on the first, and the violation of
Section | ||
33A-2 was committed after conviction on the third, shall be | ||
sentenced
to a term of imprisonment of not less than 25 years | ||
nor more than 50
years.
| ||
(c-5) Except as otherwise provided in paragraph (b-10) or | ||
(c) of this
Section, a person who violates Section 33A-2(a) | ||
with a firearm that is a
Category I weapon or
Section 33A-2(b) | ||
in any school, in any conveyance owned, leased, or contracted
| ||
by a school to transport students to or from school or a school | ||
related
activity, or on the real property comprising any school | ||
or public park, and
where
the offense was related to the | ||
activities of an organized gang, shall be
sentenced to a term | ||
of imprisonment of not less than the term set forth in
|
subsection (a) or (b-5) of this Section, whichever is | ||
applicable, and not more
than 30 years. For the purposes of | ||
this subsection (c-5), "organized gang" has
the meaning | ||
ascribed to it in Section 10 of the Illinois Streetgang | ||
Terrorism
Omnibus Prevention Act.
| ||
(d) For armed violence based upon a predicate offense | ||
listed in this
subsection (d) the court
shall enter the | ||
sentence for armed violence to run consecutively to the
| ||
sentence imposed for the predicate offense. The offenses | ||
covered by this
provision are:
| ||
(i) solicitation of murder,
| ||
(ii) solicitation of murder for hire,
| ||
(iii) heinous battery,
| ||
(iv) aggravated battery of a senior citizen,
| ||
(v) criminal sexual assault,
| ||
(vi) a violation of subsection (g) of Section 5 of the | ||
Cannabis Control
Act,
| ||
(vii) cannabis trafficking,
| ||
(viii) a violation of subsection (a) of Section 401 of | ||
the Illinois
Controlled Substances Act,
| ||
(ix) controlled substance trafficking involving a | ||
Class X felony amount of
controlled substance under Section | ||
401 of the Illinois Controlled Substances
Act,
| ||
(x) calculated criminal drug conspiracy, or
| ||
(xi) streetgang criminal drug conspiracy , or . | ||
(xii) a violation of the Methamphetamine Control and | ||
Community Protection Act.
| ||
(Source: P.A. 91-404, eff. 1-1-00; 91-696, eff. 4-13-00.)
| ||
(720 ILCS 5/37-1) (from Ch. 38, par. 37-1)
| ||
Sec. 37-1. Maintaining Public Nuisance. Any building used | ||
in the commission of offenses prohibited by Sections
9-1, 10-1, | ||
10-2, 11-14, 11-15, 11-16, 11-17, 11-20, 11-20.1, 11-21, 11-22,
| ||
12-5.1, 16-1, 20-2, 23-1, 23-1(a)(1), 24-1(a)(7), 24-3, 28-1, | ||
28-3, 31-5 or
39A-1 of the Criminal Code of
1961, or
prohibited | ||
by the Illinois Controlled Substances Act, the Methamphetamine |
Control and Community Protection Act, or the Cannabis
Control | ||
Act, or used in the commission of an inchoate offense
relative | ||
to any of the aforesaid principal offenses, or any real | ||
property
erected, established, maintained, owned, leased, or | ||
used by a streetgang for
the purpose of conducting streetgang | ||
related activity as defined in Section 10
of the Illinois | ||
Streetgang Terrorism Omnibus Prevention Act is a public
| ||
nuisance.
| ||
(b) Sentence. A person convicted of knowingly maintaining | ||
such a public
nuisance commits a Class A misdemeanor. Each | ||
subsequent offense under this
Section is a Class 4 felony.
| ||
(Source: P.A. 91-876, eff. 1-1-01.)
| ||
(720 ILCS 5/44-2) (from Ch. 38, par. 44-2)
| ||
Sec. 44-2. (a) A person commits unlawful transfer of a
| ||
telecommunications device to a minor when he gives, sells or | ||
otherwise
transfers possession of a telecommunications device | ||
to a person under 18
years of age with the intent that the | ||
device be used to commit any offense
under this Code, the | ||
Cannabis Control Act ,
or the Illinois Controlled Substances | ||
Act , or the Methamphetamine Control and Community Protection | ||
Act .
| ||
(b) Unlawful transfer of a telecommunications device to a | ||
minor is a
Class A misdemeanor.
| ||
(Source: P.A. 86-811.)
| ||
(720 ILCS 5/44-3) (from Ch. 38, par. 44-3)
| ||
Sec. 44-3. (a) Seizure. Any telecommunications device | ||
possessed by a
person on the real property of any elementary or | ||
secondary school without
the authority of the school principal, | ||
or used in the commission of an
offense prohibited by
this | ||
Code,
the Illinois Controlled Substances Act ,
or
the Cannabis | ||
Control Act , or the Methamphetamine Control and Community | ||
Protection Act or which constitutes evidence of the commission | ||
of such offenses
may be seized and delivered forthwith to the | ||
investigating law enforcement
agency.
A person who is not a |
student of the particular elementary or secondary
school, who | ||
is on school property as an invitee of the school, and who has
| ||
possession of a telecommunication device for lawful and | ||
legitimate
purposes, shall not need to obtain authority from | ||
the school principal to
possess the telecommunication device on | ||
school property. Such
telecommunication device shall not be | ||
seized unless it was used in the
commission of an offense | ||
specified above, or constitutes evidence of such
an offense.
| ||
Within 15 days after such delivery the
investigating law | ||
enforcement agency shall give notice of seizure to any
known | ||
owners, lienholders and
secured parties of such property.
| ||
Within
that 15 day period the investigating law enforcement | ||
agency shall also
notify the State's Attorney of
the county of | ||
seizure about the seizure.
| ||
(b) Rights
of lienholders and secured parties.
| ||
The State's Attorney shall promptly release a | ||
telecommunications device
seized under the provisions of this | ||
Article to any lienholder or
secured party
if such lienholder | ||
or secured party shows to the State's
Attorney that his lien or | ||
security interest is bona fide and was created
without actual | ||
knowledge that such telecommunications device was or
possessed | ||
in violation of this Section or used or
to be used in the | ||
commission of the offense charged.
| ||
(c) Action for forfeiture.
(1) The State's Attorney in the | ||
county in which such seizure occurs
if he finds that such | ||
forfeiture was incurred without willful negligence
or without | ||
any intention on the part of the owner of the | ||
telecommunications
device or a lienholder or secured party
to | ||
violate the law, or finds the existence of
such mitigating | ||
circumstances as to justify remission of the forfeiture,
may | ||
cause the investigating law enforcement agency to remit the | ||
same upon
such terms and conditions
as the State's Attorney | ||
deems reasonable and just. The State's Attorney
shall exercise | ||
his discretion under the foregoing provision of this
Section | ||
promptly after notice is given in accordance with
subsection | ||
(a). If the State's Attorney does not cause the forfeiture to
|
be remitted he shall forthwith bring an action for forfeiture | ||
in the
circuit court within whose jurisdiction the seizure and | ||
confiscation has
taken place. The State's Attorney shall give | ||
notice of the forfeiture
proceeding by mailing a copy of the | ||
complaint in the forfeiture
proceeding to the persons and in | ||
the manner set forth in subsection
(a). The owner of the device | ||
or any person
with any right, title, or interest in the device
| ||
may within 20 days after the mailing of such notice file a
| ||
verified answer to the complaint and may appear at the hearing | ||
on the
action for forfeiture. The State shall show at such | ||
hearing by a
preponderance of the evidence that the device was
| ||
used in the commission of an offense described in subsection | ||
(a). The
owner of the device or any person with any right,
| ||
title, or interest in the device may show
by a preponderance of | ||
the evidence that he did not know, and did not
have reason to | ||
know, that the device was possessed in violation of this
| ||
Section or to be used
in the commission of such an offense or | ||
that any of the exceptions set
forth in subsection (d) are | ||
applicable. Unless the State shall make such
showing, the Court | ||
shall order the device released
to the owner. Where the State | ||
has made such showing, the Court may order
the device | ||
destroyed; may upon the request of the investigating law
| ||
enforcement agency, order it delivered to
any local, municipal | ||
or county law enforcement agency, or the Department
of State | ||
Police or the Department of Revenue of
the State of Illinois;
| ||
or may order it sold at
public auction.
| ||
(2) A copy of the order shall be filed with the | ||
investigating law
enforcement agency of the
county in which the | ||
seizure occurs.
Such order, when filed, confers ownership of | ||
the
device to the
department or agency to whom it is delivered | ||
or any purchaser thereof.
The investigating law enforcement | ||
agency shall comply promptly with
instructions to remit | ||
received
from the State's Attorney or Attorney General in | ||
accordance with
paragraph (1) of this subsection or subsection | ||
(d).
| ||
(3) The proceeds of any sale at public auction pursuant to |
this subsection,
after payment of all liens and deduction of | ||
the
reasonable charges and expenses incurred by the | ||
investigating law
enforcement agency in storing and
selling the | ||
device, shall be paid into the general fund of the level of
| ||
government responsible for the operation of the investigating | ||
law enforcement agency.
| ||
(d) Exceptions to forfeiture.
(b) No device shall be | ||
forfeited under the
provisions of subsection (c) by reason of | ||
any act or omission established by
the owner thereof to have | ||
been committed or omitted by any person other
than the owner | ||
while the device was unlawfully in
the possession of a person | ||
who acquired possession thereof in violation of
the criminal | ||
laws of the United States, or of any state.
| ||
(e) Remission by Attorney General.
Whenever any owner of, | ||
or other person interested in, a
device seized under the | ||
provisions of this Section files with the Attorney
General | ||
before the sale or destruction of the device
a petition for the | ||
remission of such forfeiture the Attorney
General if he finds | ||
that such forfeiture was incurred without willful
negligence or | ||
without any intention on the part of the owner or any person
| ||
with any right, title or interest in the device
to violate the | ||
law, or finds the existence of such mitigating circumstances
as | ||
to justify the remission of forfeiture, may cause the same to | ||
be
remitted upon such terms and conditions as he deems | ||
reasonable and just, or
order discontinuance of any forfeiture | ||
proceeding relating thereto.
| ||
(Source: P.A. 86-811.)
| ||
(720 ILCS 5/12-4.10 rep., from P.A. 93-111)
| ||
(720 ILCS 5/12-4.10 rep., from P.A. 93-340)
| ||
(720 ILCS 5/12-4.11 rep., from P.A. 93-340)
| ||
(720 ILCS 5/20-1.4 rep.) | ||
(720 ILCS 5/20-1.5 rep.)
| ||
(720 ILCS 5/21-1.5 rep.)
| ||
Section 1056. The Criminal Code of 1961 is amended by | ||
repealing Sections 12-4.10 (as added by Public Act 93-111), |
12-4.10 (as added by Public Act 93-340), 12-4.11 (as added by | ||
Public Act 93-340), 20-1.4, 20-1.5, and 21-1.5. | ||
Section 1060. The Cannabis Control Act is amended by | ||
changing Sections 10 and 10.2 as follows:
| ||
(720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
| ||
Sec. 10. (a)
Whenever any person who has not previously | ||
been convicted of, or placed
on probation or court supervision | ||
for, any offense under this Act or any
law of the United States | ||
or of any State relating to cannabis, or controlled
substances | ||
as defined in the Illinois Controlled Substances Act, pleads
| ||
guilty to or is found guilty of violating Sections 4(a), 4(b), | ||
4(c),
5(a), 5(b), 5(c) or 8 of this Act, the court may, without | ||
entering a
judgment and with the consent of such person, | ||
sentence him to probation.
| ||
(b) When a person is placed on probation, the court shall | ||
enter an order
specifying a period of probation of 24 months, | ||
and shall defer further
proceedings in
the case until the | ||
conclusion of the period or until the filing of a petition
| ||
alleging violation of a term or condition of probation.
| ||
(c) The conditions of probation shall be that the person: | ||
(1) not violate
any criminal statute of any jurisdiction; (2) | ||
refrain from possession of a
firearm
or other dangerous weapon; | ||
(3) submit to periodic drug testing at a time and in
a manner | ||
as ordered by the court, but no less than 3 times during the | ||
period of
the probation, with the cost of the testing to be | ||
paid by the probationer; and
(4) perform no less than 30 hours | ||
of community service, provided community
service is available | ||
in the jurisdiction and is funded and approved by the
county | ||
board.
| ||
(d) The court may, in addition to other conditions, require
| ||
that the person:
| ||
(1) make a report to and appear in person before or | ||
participate with the
court or such courts, person, or | ||
social service agency as directed by the
court in the order |
of probation;
| ||
(2) pay a fine and costs;
| ||
(3) work or pursue a course of study or vocational | ||
training;
| ||
(4) undergo medical or psychiatric treatment; or | ||
treatment for drug
addiction or alcoholism;
| ||
(5) attend or reside in a facility established for the | ||
instruction or
residence of defendants on probation;
| ||
(6) support his dependents;
| ||
(7) refrain from possessing a firearm or other | ||
dangerous weapon;
| ||
(7-5) refrain from having in his or her body the | ||
presence of any illicit
drug prohibited by the Cannabis | ||
Control Act ,
or the Illinois Controlled
Substances Act , or | ||
the Methamphetamine Control and Community Protection Act , | ||
unless prescribed by a physician, and submit samples of
his | ||
or her blood or urine or both for tests to determine the | ||
presence of any
illicit drug;
| ||
(8) and in addition, if a minor:
| ||
(i) reside with his parents or in a foster home;
| ||
(ii) attend school;
| ||
(iii) attend a non-residential program for youth;
| ||
(iv) contribute to his own support at home or in a | ||
foster home.
| ||
(e) Upon violation of a term or condition of probation, the
| ||
court
may enter a judgment on its original finding of guilt and | ||
proceed as otherwise
provided.
| ||
(f) Upon fulfillment of the terms and
conditions of | ||
probation, the court shall discharge such person and dismiss
| ||
the proceedings against him.
| ||
(g) A disposition of probation is considered to be a | ||
conviction
for the purposes of imposing the conditions of | ||
probation and for appeal,
however, discharge and dismissal | ||
under this Section is not a conviction for
purposes of | ||
disqualification or disabilities imposed by law upon | ||
conviction of
a crime (including the additional penalty imposed |
for subsequent offenses under
Section 4(c), 4(d), 5(c) or 5(d) | ||
of this Act).
| ||
(h) Discharge and dismissal under this Section ,
or under
| ||
Section 410 of the Illinois Controlled Substances Act , or | ||
Section 70 of the Methamphetamine Control and Community | ||
Protection Act may occur only once
with respect to any person.
| ||
(i) If a person is convicted of an offense under this Act ,
| ||
or the Illinois
Controlled Substances Act , or the | ||
Methamphetamine Control and Community Protection Act within 5 | ||
years
subsequent to a discharge and dismissal under this | ||
Section, the discharge and
dismissal under this Section shall | ||
be admissible in the sentencing proceeding
for that conviction
| ||
as a factor in aggravation.
| ||
(Source: P.A. 91-696, eff. 4-13-00.)
| ||
(720 ILCS 550/10.2) (from Ch. 56 1/2, par. 710.2)
| ||
Sec. 10.2. (a) Twelve and one-half percent of all amounts | ||
collected
as fines pursuant to the provisions of this Act shall | ||
be paid into the
Youth Drug Abuse Prevention Fund, which is | ||
hereby created in the State
treasury, to be used by the | ||
Department of Human Services
for the funding of programs and | ||
services for drug-abuse treatment, and
prevention and | ||
education services, for juveniles.
| ||
(b) Eighty-seven and one-half percent of the proceeds of | ||
all fines received
under the provisions of this Act shall be | ||
transmitted to and deposited in
the treasurer's office at the | ||
level of government as follows:
| ||
(1) If such seizure was made by a combination of law | ||
enforcement
personnel representing differing units of | ||
local government, the court
levying the fine shall | ||
equitably allocate 50% of the fine among these units
of | ||
local government and shall allocate 37 1/2% to the county | ||
general
corporate fund. In the event that the seizure was | ||
made by law enforcement
personnel representing a unit of | ||
local government from a municipality where
the number of | ||
inhabitants exceeds 2 million in population, the court
|
levying the fine shall allocate 87 1/2% of the fine to that | ||
unit of local
government. If the seizure was made by a | ||
combination of law enforcement
personnel representing | ||
differing units of local government, and at least
one of | ||
those units represents a municipality where the number of
| ||
inhabitants exceeds 2 million in population, the court | ||
shall equitably
allocate 87 1/2% of the proceeds of the | ||
fines received among the differing
units of local | ||
government.
| ||
(2) If such seizure was made by State law enforcement | ||
personnel, then
the court shall allocate 37 1/2% to the | ||
State treasury and 50% to the
county general corporate | ||
fund.
| ||
(3) If a State law enforcement agency in combination | ||
with a law
enforcement agency or agencies of a unit or | ||
units of local government
conducted the seizure, the court | ||
shall equitably allocate 37 1/2% of the
fines to or among | ||
the law enforcement agency or agencies of the unit or
units | ||
of local government which conducted the seizure and shall | ||
allocate
50% to the county general corporate fund.
| ||
(c) The proceeds of all fines allocated to the law | ||
enforcement agency or
agencies of the unit or units of local | ||
government pursuant to subsection
(b) shall be made available | ||
to that law enforcement agency as expendable
receipts for use | ||
in the enforcement of laws regulating controlled
substances and | ||
cannabis. The proceeds of fines awarded to the State
treasury | ||
shall be deposited in a special fund known as the Drug Traffic
| ||
Prevention Fund, except that amounts distributed to the | ||
Secretary of State
shall be deposited into the Secretary of | ||
State Evidence Fund to be used as
provided in Section 2-115 of | ||
the Illinois Vehicle Code.
Monies from this fund may be used by | ||
the Department of
State Police for use in the enforcement of | ||
laws regulating controlled
substances and cannabis; to satisfy | ||
funding provisions of the
Intergovernmental Drug Laws | ||
Enforcement Act; to defray costs and expenses
associated with | ||
returning violators of this Act ,
and the Illinois Controlled
|
Substances Act , and the Methamphetamine Control and Community | ||
Protection Act only, as provided in such Acts, when punishment | ||
of the crime
shall be confinement of the criminal in the | ||
penitentiary; and all other
monies shall be paid into the | ||
general revenue fund in the State treasury.
| ||
(Source: P.A. 88-517; 89-507, eff. 7-1-97.)
| ||
Section 1065. The Illinois Controlled Substances Act is | ||
amended by changing Sections 102, 401, 401.1, 401.5, 402, | ||
405.2, 405.3, 406.1, 407, 410, and 413 as follows: | ||
(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102) | ||
Sec. 102. Definitions. As used in this Act, unless the | ||
context
otherwise requires:
| ||
(a) "Addict" means any person who habitually uses any drug, | ||
chemical,
substance or dangerous drug other than alcohol so as | ||
to endanger the public
morals, health, safety or welfare or who | ||
is so far addicted to the use of a
dangerous drug or controlled | ||
substance other than alcohol as to have lost
the power of self | ||
control with reference to his addiction.
| ||
(b) "Administer" means the direct application of a | ||
controlled
substance, whether by injection, inhalation, | ||
ingestion, or any other
means, to the body of a patient, | ||
research subject, or animal (as
defined by the Humane | ||
Euthanasia in Animal Shelters Act) by:
| ||
(1) a practitioner (or, in his presence, by his | ||
authorized agent),
| ||
(2) the patient or research subject at the lawful | ||
direction of the
practitioner, or
| ||
(3) a euthanasia technician as defined by the Humane | ||
Euthanasia in
Animal Shelters Act.
| ||
(c) "Agent" means an authorized person who acts on behalf | ||
of or at
the direction of a manufacturer, distributor, or | ||
dispenser. It does not
include a common or contract carrier, | ||
public warehouseman or employee of
the carrier or warehouseman.
| ||
(c-1) "Anabolic Steroids" means any drug or hormonal |
substance,
chemically and pharmacologically related to | ||
testosterone (other than
estrogens, progestins, and | ||
corticosteroids) that promotes muscle growth,
and includes:
| ||
(i) boldenone,
| ||
(ii) chlorotestosterone,
| ||
(iii) chostebol,
| ||
(iv) dehydrochlormethyltestosterone,
| ||
(v) dihydrotestosterone,
| ||
(vi) drostanolone,
| ||
(vii) ethylestrenol,
| ||
(viii) fluoxymesterone,
| ||
(ix) formebulone,
| ||
(x) mesterolone,
| ||
(xi) methandienone,
| ||
(xii) methandranone,
| ||
(xiii) methandriol,
| ||
(xiv) methandrostenolone,
| ||
(xv) methenolone,
| ||
(xvi) methyltestosterone,
| ||
(xvii) mibolerone,
| ||
(xviii) nandrolone,
| ||
(xix) norethandrolone,
| ||
(xx) oxandrolone,
| ||
(xxi) oxymesterone,
| ||
(xxii) oxymetholone,
| ||
(xxiii) stanolone,
| ||
(xxiv) stanozolol,
| ||
(xxv) testolactone,
| ||
(xxvi) testosterone,
| ||
(xxvii) trenbolone, and
| ||
(xxviii) any salt, ester, or isomer of a drug or | ||
substance described
or listed in this paragraph, if | ||
that salt, ester, or isomer promotes muscle
growth.
| ||
Any person who is otherwise lawfully in possession of an | ||
anabolic
steroid, or who otherwise lawfully manufactures, | ||
distributes, dispenses,
delivers, or possesses with intent to |
deliver an anabolic steroid, which
anabolic steroid is | ||
expressly intended for and lawfully allowed to be
administered | ||
through implants to livestock or other nonhuman species, and
| ||
which is approved by the Secretary of Health and Human Services | ||
for such
administration, and which the person intends to | ||
administer or have
administered through such implants, shall | ||
not be considered to be in
unauthorized possession or to | ||
unlawfully manufacture, distribute, dispense,
deliver, or | ||
possess with intent to deliver such anabolic steroid for
| ||
purposes of this Act.
| ||
(d) "Administration" means the Drug Enforcement | ||
Administration,
United States Department of Justice, or its | ||
successor agency.
| ||
(e) "Control" means to add a drug or other substance, or | ||
immediate
precursor, to a Schedule under Article II of this Act | ||
whether by
transfer from another Schedule or otherwise.
| ||
(f) "Controlled Substance" means a drug, substance, or | ||
immediate
precursor in the Schedules of Article II of this Act.
| ||
(g) "Counterfeit substance" means a controlled substance, | ||
which, or
the container or labeling of which, without | ||
authorization bears the
trademark, trade name, or other | ||
identifying mark, imprint, number or
device, or any likeness | ||
thereof, of a manufacturer, distributor, or
dispenser other | ||
than the person who in fact manufactured, distributed,
or | ||
dispensed the substance.
| ||
(h) "Deliver" or "delivery" means the actual, constructive | ||
or
attempted transfer of possession of a controlled substance, | ||
with or
without consideration, whether or not there is an | ||
agency relationship.
| ||
(i) "Department" means the Illinois Department of Human | ||
Services (as
successor to the Department of Alcoholism and | ||
Substance Abuse) or its successor agency.
| ||
(j) "Department of State Police" means the Department of | ||
State
Police of the State of Illinois or its successor agency.
| ||
(k) "Department of Corrections" means the Department of | ||
Corrections
of the State of Illinois or its successor agency.
|
(l) "Department of Professional Regulation" means the | ||
Department
of Professional Regulation of the State of Illinois | ||
or its successor agency.
| ||
(m) "Depressant" or "stimulant substance" means:
| ||
(1) a drug which contains any quantity of (i) | ||
barbituric acid or
any of the salts of barbituric acid | ||
which has been designated as habit
forming under section | ||
502 (d) of the Federal Food, Drug, and Cosmetic
Act (21 | ||
U.S.C. 352 (d)); or
| ||
(2) a drug which contains any quantity of (i) | ||
amphetamine or
methamphetamine and any of their optical | ||
isomers; (ii) any salt of
amphetamine or methamphetamine or | ||
any salt of an optical isomer of
amphetamine; or (iii) any | ||
substance which the Department, after
investigation, has | ||
found to be, and by rule designated as, habit forming
| ||
because of its depressant or stimulant effect on the | ||
central nervous
system; or
| ||
(3) lysergic acid diethylamide; or
| ||
(4) any drug which contains any quantity of a substance | ||
which the
Department, after investigation, has found to | ||
have, and by rule
designated as having, a potential for | ||
abuse because of its depressant or
stimulant effect on the | ||
central nervous system or its hallucinogenic
effect.
| ||
(n) (Blank).
| ||
(o) "Director" means the Director of the Department of | ||
State Police or
the Department of Professional Regulation or | ||
his designated agents.
| ||
(p) "Dispense" means to deliver a controlled substance to | ||
an
ultimate user or research subject by or pursuant to the | ||
lawful order of
a prescriber, including the prescribing, | ||
administering, packaging,
labeling, or compounding necessary | ||
to prepare the substance for that
delivery.
| ||
(q) "Dispenser" means a practitioner who dispenses.
| ||
(r) "Distribute" means to deliver, other than by | ||
administering or
dispensing, a controlled substance.
| ||
(s) "Distributor" means a person who distributes.
|
(t) "Drug" means (1) substances recognized as drugs in the | ||
official
United States Pharmacopoeia, Official Homeopathic | ||
Pharmacopoeia of the
United States, or official National | ||
Formulary, or any supplement to any
of them; (2) substances | ||
intended for use in diagnosis, cure, mitigation,
treatment, or | ||
prevention of disease in man or animals; (3) substances
(other | ||
than food) intended to affect the structure of any function of
| ||
the body of man or animals and (4) substances intended for use | ||
as a
component of any article specified in clause (1), (2), or | ||
(3) of this
subsection. It does not include devices or their | ||
components, parts, or
accessories.
| ||
(t-5) "Euthanasia agency" means
an entity certified by the | ||
Department of Professional Regulation for the
purpose of animal | ||
euthanasia that holds an animal control facility license or
| ||
animal
shelter license under the Animal Welfare Act. A | ||
euthanasia agency is
authorized to purchase, store, possess, | ||
and utilize Schedule II nonnarcotic and
Schedule III | ||
nonnarcotic drugs for the sole purpose of animal euthanasia.
| ||
(t-10) "Euthanasia drugs" means Schedule II or Schedule III | ||
substances
(nonnarcotic controlled substances) that are used | ||
by a euthanasia agency for
the purpose of animal euthanasia.
| ||
(u) "Good faith" means the prescribing or dispensing of a | ||
controlled
substance by a practitioner in the regular course of | ||
professional
treatment to or for any person who is under his | ||
treatment for a
pathology or condition other than that | ||
individual's physical or
psychological dependence upon or | ||
addiction to a controlled substance,
except as provided herein: | ||
and application of the term to a pharmacist
shall mean the | ||
dispensing of a controlled substance pursuant to the
| ||
prescriber's order which in the professional judgment of the | ||
pharmacist
is lawful. The pharmacist shall be guided by | ||
accepted professional
standards including, but not limited to | ||
the following, in making the
judgment:
| ||
(1) lack of consistency of doctor-patient | ||
relationship,
| ||
(2) frequency of prescriptions for same drug by one |
prescriber for
large numbers of patients,
| ||
(3) quantities beyond those normally prescribed,
| ||
(4) unusual dosages,
| ||
(5) unusual geographic distances between patient, | ||
pharmacist and
prescriber,
| ||
(6) consistent prescribing of habit-forming drugs.
| ||
(u-1) "Home infusion services" means services provided by a | ||
pharmacy in
compounding solutions for direct administration to | ||
a patient in a private
residence, long-term care facility, or | ||
hospice setting by means of parenteral,
intravenous, | ||
intramuscular, subcutaneous, or intraspinal infusion.
| ||
(v) "Immediate precursor" means a substance:
| ||
(1) which the Department has found to be and by rule | ||
designated as
being a principal compound used, or produced | ||
primarily for use, in the
manufacture of a controlled | ||
substance;
| ||
(2) which is an immediate chemical intermediary used or | ||
likely to
be used in the manufacture of such controlled | ||
substance; and
| ||
(3) the control of which is necessary to prevent, | ||
curtail or limit
the manufacture of such controlled | ||
substance.
| ||
(w) "Instructional activities" means the acts of teaching, | ||
educating
or instructing by practitioners using controlled | ||
substances within
educational facilities approved by the State | ||
Board of Education or
its successor agency.
| ||
(x) "Local authorities" means a duly organized State, | ||
County or
Municipal peace unit or police force.
| ||
(y) "Look-alike substance" means a substance, other than a | ||
controlled
substance which (1) by overall dosage unit | ||
appearance, including shape,
color, size, markings or lack | ||
thereof, taste, consistency, or any other
identifying physical | ||
characteristic of the substance, would lead a reasonable
person | ||
to believe that the substance is a controlled substance, or (2) | ||
is
expressly or impliedly represented to be a controlled | ||
substance or is
distributed under circumstances which would |
lead a reasonable person to
believe that the substance is a | ||
controlled substance. For the purpose of
determining whether | ||
the representations made or the circumstances of the
| ||
distribution would lead a reasonable person to believe the | ||
substance to be
a controlled substance under this clause (2) of | ||
subsection (y), the court or
other authority may consider the | ||
following factors in addition to any other
factor that may be | ||
relevant:
| ||
(a) statements made by the owner or person in control | ||
of the substance
concerning its nature, use or effect;
| ||
(b) statements made to the buyer or recipient that the | ||
substance may
be resold for profit;
| ||
(c) whether the substance is packaged in a manner | ||
normally used for the
illegal distribution of controlled | ||
substances;
| ||
(d) whether the distribution or attempted distribution | ||
included an
exchange of or demand for money or other | ||
property as consideration, and
whether the amount of the | ||
consideration was substantially greater than the
| ||
reasonable retail market value of the substance.
| ||
Clause (1) of this subsection (y) shall not apply to a | ||
noncontrolled
substance in its finished dosage form that was | ||
initially introduced into
commerce prior to the initial | ||
introduction into commerce of a controlled
substance in its | ||
finished dosage form which it may substantially resemble.
| ||
Nothing in this subsection (y) prohibits the dispensing or | ||
distributing
of noncontrolled substances by persons authorized | ||
to dispense and
distribute controlled substances under this | ||
Act, provided that such action
would be deemed to be carried | ||
out in good faith under subsection (u) if the
substances | ||
involved were controlled substances.
| ||
Nothing in this subsection (y) or in this Act prohibits the | ||
manufacture,
preparation, propagation, compounding, | ||
processing, packaging, advertising
or distribution of a drug or | ||
drugs by any person registered pursuant to
Section 510 of the | ||
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
|
(y-1) "Mail-order pharmacy" means a pharmacy that is | ||
located in a state
of the United States, other than Illinois, | ||
that delivers, dispenses or
distributes, through the United | ||
States Postal Service or other common
carrier, to Illinois | ||
residents, any substance which requires a prescription.
| ||
(z) "Manufacture" means the production, preparation, | ||
propagation,
compounding, conversion or processing of a | ||
controlled substance other than methamphetamine , either
| ||
directly or indirectly, by extraction from substances of | ||
natural origin,
or independently by means of chemical | ||
synthesis, or by a combination of
extraction and chemical | ||
synthesis, and includes any packaging or
repackaging of the | ||
substance or labeling of its container, except that
this term | ||
does not include:
| ||
(1) by an ultimate user, the preparation or compounding | ||
of a
controlled substance for his own use; or
| ||
(2) by a practitioner, or his authorized agent under | ||
his
supervision, the preparation, compounding, packaging, | ||
or labeling of a
controlled substance:
| ||
(a) as an incident to his administering or | ||
dispensing of a
controlled substance in the course of | ||
his professional practice; or
| ||
(b) as an incident to lawful research, teaching or | ||
chemical
analysis and not for sale.
| ||
(z-1) (Blank).
"Methamphetamine manufacturing chemical" | ||
means any of the following
chemicals or substances containing | ||
any of the following chemicals: benzyl
methyl ketone, | ||
ephedrine, methyl benzyl ketone,
phenylacetone, | ||
phenyl-2-propanone, pseudoephedrine, or red
phosphorous or any | ||
of
the salts, optical isomers, or
salts of optical isomers of | ||
the above-listed chemicals.
| ||
(aa) "Narcotic drug" means any of the following, whether | ||
produced
directly or indirectly by extraction from substances | ||
of natural origin,
or independently by means of chemical | ||
synthesis, or by a combination of
extraction and chemical | ||
synthesis:
|
(1) opium and opiate, and any salt, compound, | ||
derivative, or
preparation of opium or opiate;
| ||
(2) any salt, compound, isomer, derivative, or | ||
preparation thereof
which is chemically equivalent or | ||
identical with any of the substances
referred to in clause | ||
(1), but not including the isoquinoline alkaloids
of opium;
| ||
(3) opium poppy and poppy straw;
| ||
(4) coca leaves and any salts, compound, isomer, salt | ||
of an isomer,
derivative, or preparation of coca leaves | ||
including cocaine or ecgonine,
and any salt, compound, | ||
isomer, derivative, or preparation thereof which is
| ||
chemically equivalent or identical with any of these | ||
substances, but not
including decocainized coca leaves or | ||
extractions of coca leaves which do
not contain cocaine or | ||
ecgonine (for the purpose of this paragraph, the
term | ||
"isomer" includes optical, positional and geometric | ||
isomers).
| ||
(bb) "Nurse" means a registered nurse licensed under the
| ||
Nursing and Advanced Practice Nursing Act.
| ||
(cc) (Blank).
| ||
(dd) "Opiate" means any substance having an addiction | ||
forming or
addiction sustaining liability similar to morphine | ||
or being capable of
conversion into a drug having addiction | ||
forming or addiction sustaining
liability.
| ||
(ee) "Opium poppy" means the plant of the species Papaver
| ||
somniferum L., except its seeds.
| ||
(ff) "Parole and Pardon Board" means the Parole and Pardon | ||
Board of
the State of Illinois or its successor agency.
| ||
(gg) "Person" means any individual, corporation, | ||
mail-order pharmacy,
government or governmental subdivision or | ||
agency, business trust, estate,
trust, partnership or | ||
association, or any other entity.
| ||
(hh) "Pharmacist" means any person who holds a certificate | ||
of
registration as a registered pharmacist, a local registered | ||
pharmacist
or a registered assistant pharmacist under the | ||
Pharmacy Practice Act of 1987.
|
(ii) "Pharmacy" means any store, ship or other place in | ||
which
pharmacy is authorized to be practiced under the Pharmacy | ||
Practice Act of 1987.
| ||
(jj) "Poppy straw" means all parts, except the seeds, of | ||
the opium
poppy, after mowing.
| ||
(kk) "Practitioner" means a physician licensed to practice | ||
medicine in all
its branches, dentist, podiatrist,
| ||
veterinarian, scientific investigator, pharmacist, physician | ||
assistant,
advanced practice nurse,
licensed practical
nurse, | ||
registered nurse, hospital, laboratory, or pharmacy, or other
| ||
person licensed, registered, or otherwise lawfully permitted | ||
by the
United States or this State to distribute, dispense, | ||
conduct research
with respect to, administer or use in teaching | ||
or chemical analysis, a
controlled substance in the course of | ||
professional practice or research.
| ||
(ll) "Pre-printed prescription" means a written | ||
prescription upon which
the designated drug has been indicated | ||
prior to the time of issuance.
| ||
(mm) "Prescriber" means a physician licensed to practice | ||
medicine in all
its branches, dentist, podiatrist or
| ||
veterinarian who issues a prescription, a physician assistant | ||
who
issues a
prescription for a Schedule III, IV, or V | ||
controlled substance
in accordance
with Section 303.05 and the | ||
written guidelines required under Section 7.5
of the
Physician | ||
Assistant Practice Act of 1987, or an advanced practice
nurse | ||
with prescriptive authority in accordance with Section 303.05
| ||
and a written
collaborative agreement under Sections 15-15 and | ||
15-20 of
the Nursing and Advanced Practice Nursing Act.
| ||
(nn) "Prescription" means a lawful written, facsimile, or | ||
verbal order
of
a physician licensed to practice medicine in | ||
all its branches,
dentist, podiatrist or veterinarian for any | ||
controlled
substance, of a physician assistant for a Schedule | ||
III, IV, or V
controlled substance
in accordance with Section | ||
303.05 and the written guidelines required under
Section 7.5 of | ||
the
Physician Assistant Practice Act of 1987, or of an advanced | ||
practice
nurse who issues a prescription for a Schedule III, |
IV, or V
controlled substance in accordance
with
Section 303.05 | ||
and a written collaborative agreement under Sections 15-15
and
| ||
15-20 of the Nursing and Advanced Practice Nursing Act.
| ||
(oo) "Production" or "produce" means manufacture, | ||
planting,
cultivating, growing, or harvesting of a controlled | ||
substance other than methamphetamine .
| ||
(pp) "Registrant" means every person who is required to | ||
register
under Section 302 of this Act.
| ||
(qq) "Registry number" means the number assigned to each | ||
person
authorized to handle controlled substances under the | ||
laws of the United
States and of this State.
| ||
(rr) "State" includes the State of Illinois and any state, | ||
district,
commonwealth, territory, insular possession thereof, | ||
and any area
subject to the legal authority of the United | ||
States of America.
| ||
(ss) "Ultimate user" means a person who lawfully possesses | ||
a
controlled substance for his own use or for the use of a | ||
member of his
household or for administering to an animal owned | ||
by him or by a member
of his household.
| ||
(Source: P.A. 92-449, eff. 1-1-02; 93-596, eff. 8-26-03; | ||
93-626, eff. 12-23-03.)
| ||
(720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
| ||
Sec. 401. Except as authorized by this Act, it is unlawful | ||
for any
person knowingly to : (i) manufacture or deliver, or | ||
possess with intent to
manufacture or deliver, a controlled | ||
substance other than methamphetamine, a
or counterfeit | ||
substance , or a controlled
substance analog or (ii) possess any | ||
methamphetamine manufacturing chemical
listed in paragraph | ||
(z-1) of Section 102 with the intent to manufacture
| ||
methamphetamine or the salt of an optical isomer of | ||
methamphetamine or an
analog thereof . A violation of this Act | ||
with respect to each of the controlled
substances listed herein | ||
constitutes a single and separate violation of this
Act. For | ||
purposes of this Section, "controlled substance analog" or | ||
"analog"
means a substance
which is intended for human |
consumption, other than a controlled substance,
that has a | ||
chemical structure substantially similar to that of a | ||
controlled
substance in Schedule I or II, or that was | ||
specifically designed to produce
an effect substantially | ||
similar to that of a controlled substance in Schedule
I or II. | ||
Examples of chemical classes in which controlled substance | ||
analogs
are found include, but are not limited to, the | ||
following: phenethylamines,
N-substituted piperidines, | ||
morphinans, ecgonines, quinazolinones, substituted
indoles, | ||
and arylcycloalkylamines. For purposes of this Act, a | ||
controlled
substance analog shall be treated in the same manner | ||
as the controlled
substance to which it is substantially | ||
similar.
| ||
(a) Any person who violates this Section with respect to | ||
the following
amounts of controlled or counterfeit substances | ||
or controlled substance
analogs, notwithstanding any of the | ||
provisions of subsections (c), (c-5),
(d), (d-5), (e), (f), (g) | ||
or (h) to the contrary, is guilty of a Class X felony
and shall | ||
be sentenced to a term of imprisonment as provided in this | ||
subsection
(a) and fined as provided in subsection (b):
| ||
(1) (A) not less than 6 years and not more than 30 | ||
years with respect
to 15 grams or more but less than | ||
100 grams of a substance containing
heroin, or an | ||
analog thereof;
| ||
(B) not less than 9 years and not more than 40 | ||
years with respect to 100
grams or more but less than | ||
400 grams of a substance containing heroin, or
an | ||
analog thereof;
| ||
(C) not less than 12 years and not more than 50 | ||
years with respect to
400 grams or more but less than | ||
900 grams of a substance containing heroin,
or an | ||
analog thereof;
| ||
(D) not less than 15 years and not more than 60 | ||
years with respect to
900 grams or more of any | ||
substance containing heroin, or an analog thereof;
| ||
(2) (A) not less than 6 years and not more than 30 |
years with respect
to 15 grams or more but less than | ||
100 grams of a substance containing
cocaine, or an | ||
analog thereof;
| ||
(B) not less than 9 years and not more than 40 | ||
years with respect to 100
grams or more but less than | ||
400 grams of a substance containing cocaine, or
an | ||
analog thereof;
| ||
(C) not less than 12 years and not more than 50 | ||
years with respect to
400 grams or more but less than | ||
900 grams of a substance containing cocaine,
or an | ||
analog thereof;
| ||
(D) not less than 15 years and not more than 60 | ||
years with respect to
900 grams or more of any | ||
substance containing cocaine, or an analog thereof;
| ||
(3) (A) not less than 6 years and not more than 30 | ||
years with respect
to 15 grams or more but less than | ||
100 grams of a substance containing
morphine, or an | ||
analog thereof;
| ||
(B) not less than 9 years and not more than 40 | ||
years with respect to
100 grams or more but less than | ||
400 grams of a substance containing morphine,
or an | ||
analog thereof;
| ||
(C) not less than 12 years and not more than 50 | ||
years with respect to
400 grams or more but less than | ||
900 grams of a substance containing
morphine, or an | ||
analog thereof;
| ||
(D) not less than 15 years and not more than 60 | ||
years with respect to
900 grams or more of a substance | ||
containing morphine, or an analog thereof;
| ||
(4) 200 grams or more of any substance containing | ||
peyote, or an
analog thereof;
| ||
(5) 200 grams or more of any substance containing a | ||
derivative of
barbituric acid or any of the salts of a | ||
derivative of barbituric acid, or
an analog thereof;
| ||
(6) 200 grams or more of any substance containing | ||
amphetamine
or any salt of an optical isomer of |
amphetamine,
or an analog thereof;
| ||
(6.5) (blank);
(A) not less than 6 years and not more | ||
than 30 years with respect
to 15 grams or more but less | ||
than 100 grams
of a substance containing | ||
methamphetamine or any salt of an
optical isomer of | ||
methamphetamine, or an analog thereof;
| ||
(B) not less than 9 years and not more than 40 | ||
years with respect to 100
grams or more but less than | ||
400 grams of a substance containing methamphetamine
or | ||
any salt of an optical isomer of methamphetamine, or an | ||
analog thereof;
| ||
(C) not less than 12 years and not more than 50 | ||
years with respect
to 400 grams or more but less than | ||
900 grams of a substance containing
methamphetamine or | ||
any salt of an optical isomer of methamphetamine, or
an | ||
analog thereof;
| ||
(D) not less than 15 years and not more than 60 | ||
years with respect to
900 grams or more of any | ||
substance containing methamphetamine or any salt
of an | ||
optical isomer of methamphetamine, or an analog | ||
thereof.
| ||
(6.6) (blank);
(A) not less than 6 years and not more | ||
than 30 years for the
possession of any methamphetamine | ||
manufacturing chemical set forth in
paragraph (z-1) of | ||
Section 102 with intent to manufacture 30 grams or more
| ||
but less than 150 grams of any substance containing | ||
methamphetamine, or salt
of any optical isomer of | ||
methamphetamine, or an analog thereof;
| ||
(B) not less than 6 years and not more than 40 | ||
years for the possession
of any methamphetamine | ||
manufacturing chemical set forth in paragraph (z-1) of
| ||
Section 102 with intent to manufacture 150 grams or | ||
more but less than 500
grams of any substance | ||
containing methamphetamine, or salt of an optical | ||
isomer
of methamphetamine, or an analog thereof;
| ||
(C) not less than 6 years and not more than 50 |
years for the possession
of any methamphetamine | ||
manufacturing chemical set forth in paragraph (z-1) of
| ||
Section 102 with intent to manufacture 500 grams or | ||
more but less than 1200
grams of any substance | ||
containing methamphetamine, or salt of an optical | ||
isomer
of methamphetamine, or an analog thereof;
| ||
(D) not less than 6 years and not more than 60 | ||
years for the possession
of any methamphetamine | ||
manufacturing chemical set forth in paragraph (z-1) of
| ||
Section 102 with intent to manufacture 1200 grams or | ||
more of any substance
containing methamphetamine, or | ||
salt of an optical isomer of methamphetamine,
or an | ||
analog thereof;
| ||
(7) (A) not less than 6 years and not more than 30 | ||
years with respect
to: (i) 15 grams or more but less | ||
than 100 grams of a substance containing
lysergic acid | ||
diethylamide (LSD), or an analog thereof, or (ii) 15 or
| ||
more objects or 15 or more segregated parts of an | ||
object or objects but
less than 200 objects or 200 | ||
segregated parts of an object or objects
containing in | ||
them or having upon them any amounts of any substance
| ||
containing lysergic acid diethylamide (LSD), or an | ||
analog thereof;
| ||
(B) not less than 9 years and not more than 40 | ||
years with respect
to: (i) 100 grams or more but less | ||
than 400 grams of a substance containing
lysergic acid | ||
diethylamide (LSD), or an analog thereof, or (ii) 200 | ||
or more
objects or 200 or more segregated parts of an | ||
object or objects but less
than 600 objects or less | ||
than 600 segregated parts of an object or objects
| ||
containing in them or having upon them any amount of | ||
any substance
containing lysergic acid diethylamide | ||
(LSD), or an analog thereof;
| ||
(C) not less than 12 years and not more than 50 | ||
years with respect
to: (i) 400 grams or more but less | ||
than 900 grams of a substance containing
lysergic acid |
diethylamide (LSD), or an analog thereof, or (ii) 600 | ||
or more
objects or 600 or more segregated parts of an | ||
object or objects but less
than 1500 objects or 1500 | ||
segregated parts of an object or objects
containing in | ||
them or having upon them any amount of any substance
| ||
containing lysergic acid diethylamide (LSD), or an | ||
analog thereof;
| ||
(D) not less than 15 years and not more than 60 | ||
years with respect
to: (i) 900 grams or more of any | ||
substance containing lysergic acid
diethylamide (LSD), | ||
or an analog thereof, or (ii) 1500 or more objects or
| ||
1500 or more segregated parts of an object or objects | ||
containing in them or
having upon them any amount of a | ||
substance containing lysergic acid
diethylamide (LSD), | ||
or an analog thereof;
| ||
(7.5) (A) not less than 6 years and not more than 30 | ||
years with respect
to:
(i) 15
grams or more but less | ||
than 100 grams of a substance listed in paragraph (1),
| ||
(2), (2.1), (3), (14.1), (19), (20), (20.1), (21), | ||
(25), or (26) of subsection
(d) of Section 204, or an | ||
analog or derivative thereof, or (ii) 15 or more
pills, | ||
tablets, caplets, capsules, or objects but less than | ||
200 pills, tablets,
caplets, capsules, or objects | ||
containing in them or having upon them any
amounts of | ||
any substance listed in paragraph (1), (2), (2.1), (3), | ||
(14.1),
(19), (20), (20.1), (21), (25), or (26) of | ||
subsection (d) of Section 204, or
an analog or | ||
derivative thereof;
| ||
(B) not less than 9 years and not more than 40 | ||
years with respect to:
(i) 100 grams or more but less | ||
than 400 grams of a substance listed in
paragraph (1), | ||
(2), (2.1), (3), (14.1), (19), (20),
(20.1), (21), | ||
(25), or (26) of subsection (d) of Section 204, or an | ||
analog or
derivative thereof, or (ii) 200 or more | ||
pills, tablets, caplets, capsules, or
objects but less | ||
than 600 pills, tablets, caplets, capsules, or objects
|
containing in them or having upon them any amount of | ||
any substance listed in
paragraph (1), (2), (2.1), (3), | ||
(14.1), (19), (20), (20.1), (21), (25), or (26)
of | ||
subsection (d) of Section 204, or an analog or | ||
derivative thereof;
| ||
(C) not less than 12 years and not more than 50 | ||
years with respect to:
(i) 400 grams or more but less | ||
than 900 grams of a substance listed in
paragraph (1), | ||
(2), (2.1), (3), (14.1), (19), (20), (20.1), (21), | ||
(25), or (26)
of subsection (d) of Section 204, or an | ||
analog or derivative thereof,
or (ii) 600 or more | ||
pills, tablets, caplets, capsules, or objects but less | ||
than
1,500 pills, tablets, caplets, capsules, or | ||
objects
containing in them or having upon them any | ||
amount of any substance listed in
paragraph (1), (2), | ||
(2.1), (3), (14.1), (19), (20), (20.1), (21), (25), or | ||
(26)
of subsection (d) of Section 204, or an analog or | ||
derivative thereof;
| ||
(D) not less than 15 years and not more than 60 | ||
years with respect to:
(i) 900 grams or more of any | ||
substance listed in paragraph (1), (2), (2.1),
(3), | ||
(14.1), (19), (20), (20.1), (21), (25), or (26) of | ||
subsection (d) of
Section 204, or an analog or | ||
derivative thereof, or (ii) 1,500 or more pills,
| ||
tablets, caplets, capsules, or objects containing in | ||
them or having upon them
any amount
of a substance | ||
listed in paragraph (1), (2), (2.1), (3), (14.1), (19),
| ||
(20), (20.1), (21), (25), or (26)
of subsection (d) of | ||
Section 204, or an analog or derivative thereof;
| ||
(8) 30 grams or more of any substance containing | ||
pentazocine or any of
the salts, isomers and salts of | ||
isomers of pentazocine, or an analog thereof;
| ||
(9) 30 grams or more of any substance containing | ||
methaqualone or any of
the salts, isomers and salts of | ||
isomers of methaqualone, or an analog thereof;
| ||
(10) 30 grams or more of any substance containing |
phencyclidine or any
of the salts, isomers and salts of | ||
isomers of phencyclidine (PCP),
or an analog thereof;
| ||
(10.5) 30 grams or more of any substance containing | ||
ketamine
or any of the salts, isomers and salts of isomers | ||
of ketamine,
or an analog thereof;
| ||
(11) 200 grams or more of any substance containing any | ||
other controlled
substance classified in Schedules I or II, | ||
or an analog thereof, which is
not otherwise included in | ||
this subsection.
| ||
(b) Any person sentenced with respect to violations of | ||
paragraph (1),
(2), (3), (6.5),
(6.6), (7), or (7.5) of | ||
subsection (a) involving
100 grams or
more of the
controlled | ||
substance named therein, may in addition to the penalties
| ||
provided therein, be fined an amount not more than $500,000 or | ||
the full
street value of the controlled or counterfeit | ||
substance or controlled substance
analog, whichever is | ||
greater. The term "street value" shall have the
meaning | ||
ascribed in Section 110-5 of the Code of Criminal Procedure of
| ||
1963. Any person sentenced with respect to any other provision | ||
of
subsection (a), may in addition to the penalties provided | ||
therein, be fined
an amount not to exceed $500,000.
| ||
(c) Any person who violates this Section with regard to the
| ||
following amounts of controlled or counterfeit substances
or | ||
controlled substance analogs, notwithstanding any of the | ||
provisions of
subsections (a), (b), (d), (e), (f), (g) or (h) | ||
to the
contrary, is guilty of a Class 1 felony. The fine for | ||
violation of this
subsection (c) shall not be more than | ||
$250,000:
| ||
(1) 1 gram or more but less than 15 grams of any
| ||
substance containing heroin, or an analog thereof;
| ||
(2) 1 gram or more but less than 15
grams of any | ||
substance containing cocaine, or an analog thereof;
| ||
(3) 10 grams or more but less than 15 grams of any | ||
substance
containing morphine, or an analog thereof;
| ||
(4) 50 grams or more but less than 200 grams of any | ||
substance
containing peyote, or an analog thereof;
|
(5) 50 grams or more but less than 200 grams of any | ||
substance
containing a derivative of barbituric acid or any | ||
of the salts of a
derivative of barbituric acid, or an | ||
analog thereof;
| ||
(6) 50 grams or more but less than 200 grams of any | ||
substance
containing amphetamine or any salt of an optical | ||
isomer
of amphetamine, or an analog thereof;
| ||
(6.5) (blank);
5 grams or more but less than 15 grams | ||
of any substance containing
methamphetamine or any salt or | ||
optical isomer of methamphetamine, or an analog
thereof;
| ||
(7) (i) 5 grams or more but less than 15 grams of any | ||
substance
containing lysergic acid diethylamide (LSD), or | ||
an analog thereof,
or (ii)
more than 10 objects or more | ||
than 10 segregated parts of an object or objects
but less | ||
than 15 objects or less than 15 segregated parts of an | ||
object
containing in them or having upon them any amount of | ||
any substance
containing lysergic acid diethylamide (LSD), | ||
or an analog thereof;
| ||
(7.5) (i) 5 grams or more but less than 15 grams of any | ||
substance listed
in paragraph (1), (2), (2.1), (3), (14.1), | ||
(19), (20), (20.1), (21), (25), or
(26) of subsection (d) | ||
of Section 204, or an analog or derivative thereof, or
(ii) | ||
more than 10 pills, tablets, caplets, capsules, or objects | ||
but less than
15 pills, tablets, caplets, capsules, or | ||
objects containing in them or having
upon them any amount | ||
of any substance listed in paragraph (1), (2), (2.1),
(3), | ||
(14.1), (19), (20), (20.1), (21), (25), or (26) of | ||
subsection (d) of
Section 204, or an analog or derivative | ||
thereof;
| ||
(8) 10 grams or more but less than 30 grams of any | ||
substance
containing pentazocine or any of the salts, | ||
isomers and salts of isomers of
pentazocine, or an analog | ||
thereof;
| ||
(9) 10 grams or more but less than 30 grams of any | ||
substance
containing methaqualone or any of the salts, | ||
isomers and salts of isomers
of methaqualone, or an analog |
thereof;
| ||
(10) 10 grams or more but less than 30 grams of any | ||
substance
containing phencyclidine or any of the salts, | ||
isomers and salts of isomers
of phencyclidine (PCP), or an | ||
analog thereof;
| ||
(10.5) 10 grams or more but less than 30 grams of any | ||
substance
containing ketamine or any of the salts, isomers | ||
and salts of
isomers of ketamine, or an analog thereof;
| ||
(11) 50 grams or more but less than 200 grams of any | ||
substance
containing a substance classified in Schedules I | ||
or II, or an analog
thereof, which is not otherwise | ||
included in this subsection.
| ||
(c-5) (Blank).
Any person who violates this Section with | ||
regard to possession of
any methamphetamine manufacturing | ||
chemical set forth in paragraph (z-1) of
Section 102
with
| ||
intent to manufacture 15 grams or more but less than 30 grams | ||
of
methamphetamine, or salt of an optical isomer of | ||
methamphetamine or any analog
thereof, is guilty of a Class 1 | ||
felony. The fine for violation of this
subsection (c-5) shall | ||
not be more than $250,000.
| ||
(d) Any person who violates this Section with regard to any | ||
other
amount of a controlled or counterfeit substance | ||
classified in
Schedules I or II, or an analog thereof, which is | ||
(i) a narcotic
drug, (ii) lysergic acid diethylamide (LSD) or | ||
an analog thereof, or
(iii) any
substance containing | ||
amphetamine or methamphetamine or any salt or optical
isomer of | ||
amphetamine or methamphetamine , or an analog thereof, is guilty
| ||
of a Class 2 felony. The fine for violation of this subsection | ||
(d) shall
not be more than $200,000.
| ||
(d-5) (Blank).
Any person who violates this Section with | ||
regard to possession of
any methamphetamine manufacturing | ||
chemical set forth in paragraph (z-1) of
Section 102
with
| ||
intent to manufacture less than 15 grams of methamphetamine, or | ||
salt of an
optical isomer of methamphetamine or any analog | ||
thereof, is guilty of a Class
2 felony. The fine for violation | ||
of this subsection (d-5) shall not be more
than $200,000.
|
(e) Any person who violates this Section with regard to any | ||
other
amount of a controlled substance other than | ||
methamphetamine or counterfeit substance classified in
| ||
Schedule I or II, or an analog thereof, which substance is not
| ||
included under subsection (d) of this Section, is
guilty of a | ||
Class 3 felony. The fine for violation of this subsection (e)
| ||
shall not be more than $150,000.
| ||
(f) Any person who violates this Section with regard to any | ||
other
amount of a controlled or counterfeit substance | ||
classified in
Schedule III is guilty of a Class 3 felony. The | ||
fine for violation of
this subsection (f) shall not be more | ||
than $125,000.
| ||
(g) Any person who violates this Section with regard to any | ||
other
amount of a controlled or counterfeit substance | ||
classified
in Schedule IV is guilty of a Class 3 felony. The | ||
fine for violation of
this subsection (g) shall not be more | ||
than $100,000.
| ||
(h) Any person who violates this Section with regard to any | ||
other
amount of a controlled or counterfeit substance | ||
classified in
Schedule V is guilty of a Class 3 felony. The | ||
fine for violation of this
subsection (h) shall not be more | ||
than $75,000.
| ||
(i) This Section does not apply to the manufacture, | ||
possession or
distribution of a substance in conformance with | ||
the provisions of an approved
new drug application or an | ||
exemption for investigational use within the
meaning of Section | ||
505 of the Federal Food, Drug and Cosmetic Act.
| ||
(j) (Blank).
The presence of any methamphetamine | ||
manufacturing chemical in a
sealed, factory imprinted | ||
container, including, but not limited to a bottle,
box, or | ||
plastic blister package, at the time of seizure by law
| ||
enforcement, is prima facie evidence that the methamphetamine | ||
manufacturing
chemical located within the container is in fact | ||
the chemical so described and
in the amount
and dosage listed | ||
on the container. The factory imprinted container is
admissible | ||
for a violation of this Section for purposes of proving the |
contents
of the container.
| ||
(Source: P.A. 92-16, eff. 6-28-01; 92-256, eff. 1-1-02; 92-698, | ||
eff.
7-19-02; 93-278, eff. 1-1-04.)
| ||
(720 ILCS 570/401.1) (from Ch. 56 1/2, par. 1401.1)
| ||
Sec. 401.1. Controlled Substance Trafficking.
| ||
(a) Except for
purposes as authorized by this Act, any | ||
person who knowingly brings or
causes to be brought into this | ||
State for the purpose of manufacture or
delivery or with the | ||
intent to manufacture or deliver a controlled substance other | ||
than methamphetamine or
counterfeit substance in this or any | ||
other state or country is guilty
of controlled substance | ||
trafficking.
| ||
(b) A person convicted of controlled substance trafficking | ||
shall be
sentenced to a term of imprisonment not less than | ||
twice the minimum term
and fined an amount as authorized by | ||
Section 401 of this Act, based upon
the amount of controlled or | ||
counterfeit substance brought or caused to be
brought into this | ||
State, and not more than twice the maximum term of
imprisonment | ||
and fined twice the amount as authorized by Section 401 of
this | ||
Act, based upon the amount of controlled or counterfeit | ||
substance
brought or caused to be brought into this State.
| ||
(c) It shall be a Class 2 felony for which a fine not to | ||
exceed
$100,000 may be imposed for any person to knowingly use | ||
a cellular radio
telecommunication device in the furtherance of | ||
controlled substance
trafficking. This penalty shall be in | ||
addition to any other penalties
imposed by law.
| ||
(Source: P.A. 85-1294; 86-1391.)
| ||
(720 ILCS 570/401.5)
| ||
Sec. 401.5. Chemical breakdown of illicit controlled | ||
substance.
| ||
(a) It is unlawful for any person to manufacture a | ||
controlled substance
other than methamphetamine prohibited by | ||
this Act by chemically deriving the controlled substance from
| ||
one or more other controlled substances prohibited by this Act.
|
(a-5) It is unlawful for any person to possess any | ||
substance with the
intent to
use the substance to facilitate | ||
the manufacture of any controlled substance other than | ||
methamphetamine, any
or
counterfeit
substance , or any
| ||
controlled substance analog other than as authorized by this
| ||
Act.
| ||
(b) A violation of this Section is a Class 4 felony.
| ||
(c) (Blank).
This Section does not apply
to the possession | ||
of any methamphetamine manufacturing chemicals with the
intent | ||
to manufacture
methamphetamine or any salt of an optical isomer | ||
of methamphetamine, or an
analog of methamphetamine.
| ||
(Source: P.A. 90-775, eff. 1-1-99; 91-403, eff. 1-1-00; 91-825, | ||
eff.
6-13-00.)
| ||
(720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
| ||
Sec. 402. Except as otherwise authorized by this Act, it is | ||
unlawful for
any person knowingly to possess a controlled or | ||
counterfeit substance.
A violation of this Act with respect to | ||
each of the controlled substances
listed herein constitutes a | ||
single and separate violation of this Act.
| ||
(a) Any person who violates this Section with respect to | ||
the following
controlled or counterfeit substances and | ||
amounts, notwithstanding any of the
provisions of subsections | ||
(c) and (d) to the
contrary, is guilty of a Class 1 felony and | ||
shall, if sentenced to a term
of imprisonment, be sentenced as | ||
provided in this subsection (a) and fined
as provided in | ||
subsection (b):
| ||
(1) (A) not less than 4 years and not more than 15 | ||
years with respect
to 15 grams or more but less than | ||
100 grams of a substance containing heroin;
| ||
(B) not less than 6 years and not more than 30 | ||
years with respect to 100
grams or more but less than | ||
400 grams of a substance containing heroin;
| ||
(C) not less than 8 years and not more than 40 | ||
years with respect to 400
grams or more but less than | ||
900 grams of any substance containing heroin;
|
(D) not less than 10 years and not more than 50 | ||
years with respect to
900 grams or more of any | ||
substance containing heroin;
| ||
(2) (A) not less than 4 years and not more than 15 | ||
years with respect
to 15 grams or more but less than | ||
100 grams of any substance containing
cocaine;
| ||
(B) not less than 6 years and not more than 30 | ||
years with respect to 100
grams or more but less than | ||
400 grams of any substance containing cocaine;
| ||
(C) not less than 8 years and not more than 40 | ||
years with respect to 400
grams or more but less than | ||
900 grams of any substance containing cocaine;
| ||
(D) not less than 10 years and not more than 50 | ||
years with respect to
900 grams or more of any | ||
substance containing cocaine;
| ||
(3) (A) not less than 4 years and not more than 15 | ||
years with respect
to 15 grams or more but less than | ||
100 grams of any substance containing
morphine;
| ||
(B) not less than 6 years and not more than 30 | ||
years with respect to 100
grams or more but less than | ||
400 grams of any substance containing morphine;
| ||
(C) not less than 6 years and not more than 40 | ||
years with respect to 400
grams or more but less than | ||
900 grams of any substance containing morphine;
| ||
(D) not less than 10 years and not more than 50 | ||
years with respect to
900 grams or more of any | ||
substance containing morphine;
| ||
(4) 200 grams or more of any substance containing | ||
peyote;
| ||
(5) 200 grams or more of any substance containing a | ||
derivative of
barbituric acid or any of the salts of a | ||
derivative of barbituric acid;
| ||
(6) 200 grams or more of any substance containing | ||
amphetamine or any salt
of an optical isomer of |
amphetamine;
| ||
(6.5) (blank);
(A) not less than 4 years and not more | ||
than 15 years with
respect to 15 grams or more but less | ||
than 100 grams of a substance containing
| ||
methamphetamine or any salt of an optical isomer of
| ||
methamphetamine;
| ||
(B) not less than 6 years and not more than 30 | ||
years with respect to 100
grams or more but less than | ||
400 grams of a substance containing
methamphetamine or | ||
any salt of an optical isomer of
methamphetamine;
| ||
(C) not less than 8 years and not more than 40 | ||
years with
respect to
400 grams or more but less than | ||
900 grams of a substance containing
methamphetamine or | ||
any salt of an optical isomer of
methamphetamine;
| ||
(D) not less than 10 years and not more than 50 | ||
years with
respect to
900 grams or more of any | ||
substance containing methamphetamine or
any salt of an | ||
optical isomer of methamphetamine;
| ||
(7) (A) not less than 4 years and not more than 15 | ||
years with respect
to: (i) 15 grams or more but less | ||
than 100 grams of any substance containing
lysergic | ||
acid diethylamide (LSD), or an analog thereof, or (ii) | ||
15 or
more objects or 15 or more segregated parts of an | ||
object or objects but
less than 200 objects or 200 | ||
segregated parts of an object or objects
containing in | ||
them or having upon them any amount of any substance
| ||
containing lysergic acid diethylamide (LSD), or an | ||
analog thereof;
| ||
(B) not less than 6 years and not more than 30 | ||
years with respect
to: (i) 100 grams or more but less | ||
than 400 grams of any substance
containing lysergic | ||
acid diethylamide (LSD), or an analog thereof, or (ii)
| ||
200 or more objects or 200 or more segregated parts of | ||
an object or objects
but less than 600 objects or less | ||
than 600 segregated parts of an object or
objects | ||
containing in them or having upon them any amount of |
any substance
containing lysergic acid diethylamide | ||
(LSD), or an analog thereof;
| ||
(C) not less than 8 years and not more than 40 | ||
years with respect
to: (i) 400 grams or more but less | ||
than 900 grams of any substance
containing lysergic | ||
acid diethylamide (LSD), or an analog thereof, or (ii)
| ||
600 or more objects or 600 or more segregated parts of | ||
an object or objects
but less than 1500 objects or 1500 | ||
segregated parts of an object or objects
containing in | ||
them or having upon them any amount of any substance
| ||
containing lysergic acid diethylamide (LSD), or an | ||
analog thereof;
| ||
(D) not less than 10 years and not more than 50 | ||
years with respect
to: (i) 900 grams or more of any | ||
substance containing lysergic acid
diethylamide (LSD), | ||
or an analog thereof, or (ii) 1500 or more objects or
| ||
1500 or more segregated parts of an object or objects | ||
containing in them or
having upon them any amount of a | ||
substance containing lysergic acid
diethylamide (LSD), | ||
or an analog thereof;
| ||
(7.5) (A) not less than 4 years and not more than 15 | ||
years with respect
to: (i) 15
grams or more but
less | ||
than 100 grams of any substance listed in paragraph | ||
(1), (2), (2.1), (3),
(14.1), (19),
(20), (20.1), (21), | ||
(25), or (26) of subsection (d) of Section 204, or an
| ||
analog or derivative
thereof, or (ii) 15 or more pills, | ||
tablets, caplets, capsules, or objects but
less than | ||
200 pills,
tablets, caplets, capsules, or objects | ||
containing in them or having upon them
any amount of | ||
any
substance listed in paragraph (1), (2), (2.1), (3), | ||
(14.1), (19), (20), (20.1),
(21), (25), or (26) of
| ||
subsection (d) of Section 204, or an analog or | ||
derivative thereof;
| ||
(B) not less than 6 years and not more than 30 | ||
years with respect to: (i)
100
grams or more but
less | ||
than 400 grams of any substance listed in paragraph |
(1), (2), (2.1), (3),
(14.1), (19), (20),
(20.1), (21), | ||
(25), or (26) of subsection (d) of Section 204, or an | ||
analog or
derivative thereof, or
(ii) 200 or more | ||
pills, tablets, caplets, capsules, or objects but less | ||
than
600
pills, tablets,
caplets, capsules, or objects | ||
containing in them or having upon them any amount
of | ||
any
substance
listed in paragraph (1), (2), (2.1), (3), | ||
(14.1), (19), (20), (20.1), (21),
(25), or (26) of | ||
subsection
(d) of Section 204, or an analog or | ||
derivative thereof;
| ||
(C) not less than 8 years and not more than 40 | ||
years with respect to: (i)
400
grams or more but
less | ||
than 900 grams of any substance listed in paragraph | ||
(1), (2), (2.1), (3),
(14.1), (19), (20),
(20.1), (21), | ||
(25), or (26) of subsection (d) of Section 204, or an | ||
analog or
derivative thereof,
or (ii) 600 or more | ||
pills, tablets, caplets, capsules, or objects but less | ||
than
1,500 pills, tablets,
caplets, capsules, or | ||
objects containing in them or having upon them any | ||
amount
of any
substance listed in paragraph (1), (2), | ||
(2.1), (3), (14.1), (19), (20), (20.1),
(21), (25), or | ||
(26) of
subsection (d) of Section 204, or an analog or | ||
derivative thereof;
| ||
(D) not less than 10 years and not more than 50 | ||
years with respect to:
(i)
900 grams or more of
any | ||
substance listed in paragraph (1), (2), (2.1), (3), | ||
(14.1), (19), (20),
(20.1), (21), (25), or (26)
of | ||
subsection (d) of Section 204, or an analog or | ||
derivative thereof, or (ii)
1,500 or more pills,
| ||
tablets, caplets, capsules, or objects containing in | ||
them or having upon them
any amount of a
substance | ||
listed in paragraph (1), (2), (2.1), (3), (14.1), (19), | ||
(20), (20.1),
(21), (25), or (26) of
subsection (d) of | ||
Section 204, or an analog or derivative thereof;
| ||
(8) 30 grams or more of any substance containing | ||
pentazocine or any of
the salts, isomers and salts of |
isomers of pentazocine, or an analog thereof;
| ||
(9) 30 grams or more of any substance containing | ||
methaqualone or any
of the salts, isomers and salts of | ||
isomers of methaqualone;
| ||
(10) 30 grams or more of any substance containing | ||
phencyclidine or any
of the salts, isomers and salts of | ||
isomers of phencyclidine (PCP);
| ||
(10.5) 30 grams or more of any substance containing | ||
ketamine or any of
the salts, isomers and salts of isomers | ||
of ketamine;
| ||
(11) 200 grams or more of any substance containing any | ||
substance
classified as a narcotic drug in Schedules I or | ||
II which is not otherwise
included in this subsection.
| ||
(b) Any person sentenced with respect to violations of | ||
paragraph (1),
(2), (3), (6.5), (7), or (7.5) of subsection (a) | ||
involving 100
grams or more of the
controlled substance named | ||
therein, may in addition to the penalties
provided therein, be | ||
fined an amount not to exceed $200,000 or the full
street value | ||
of the controlled or counterfeit substances, whichever is
| ||
greater. The term "street value" shall have the meaning
| ||
ascribed in Section 110-5 of the Code of Criminal Procedure of | ||
1963. Any
person sentenced with respect to any other provision | ||
of subsection (a), may
in addition to the penalties provided | ||
therein, be fined an amount not to
exceed $200,000.
| ||
(c) Any person who violates this Section with regard to an | ||
amount
of a controlled substance other than methamphetamine or
| ||
counterfeit substance not set forth in
subsection (a) or (d) is | ||
guilty of a Class 4 felony. The fine for a
violation punishable | ||
under this subsection (c) shall not be more
than $25,000.
| ||
(d) Any person who violates this Section with regard to any | ||
amount of
anabolic steroid is guilty of a Class C misdemeanor
| ||
for the first offense and a Class B misdemeanor for a | ||
subsequent offense
committed within 2 years of a prior | ||
conviction.
| ||
(Source: P.A. 91-336, eff. 1-1-00; 91-357, eff. 7-29-99; | ||
92-256, eff.
1-1-02.)
|
(720 ILCS 570/405.2)
| ||
Sec. 405.2. Streetgang criminal drug conspiracy.
| ||
(a) Any person who
engages in a streetgang criminal drug | ||
conspiracy, as
defined in this Section, is guilty of a Class X | ||
felony for which the
offender shall be sentenced to a term of | ||
imprisonment as follows:
| ||
(1) not less than 15 years and not more than 60 years | ||
for a violation of
subsection (a) of Section 401;
| ||
(2) not less than 10 years and not more than 30 years | ||
for a violation of
subsection (c) of Section 401.
| ||
For the purposes of this Section, a person engages in a | ||
streetgang
criminal drug conspiracy when:
| ||
(i) he or she violates any of the provisions of | ||
subsection (a) or (c)
of Section 401 of this Act or any | ||
provision of the Methamphetamine Control and Community | ||
Protection Act ; and
| ||
(ii) such violation is part of a conspiracy undertaken | ||
or carried out with
2 or more other persons; and
| ||
(iii) such conspiracy is in furtherance of the | ||
activities of an organized
gang as defined in the Illinois | ||
Streetgang Terrorism Omnibus Prevention Act;
and
| ||
(iv) he or she occupies a position of organizer, a | ||
supervising person, or
any other position of management | ||
with those persons identified in clause (ii)
of this | ||
subsection (a).
| ||
The fine for a violation of this Section shall not be more | ||
than
$500,000, and the offender shall be subject to the
| ||
forfeitures prescribed in subsection (b).
| ||
(b) Subject to the provisions of Section 8 of the Drug | ||
Asset Forfeiture
Procedure Act, any person who is convicted | ||
under this Section of engaging in a
streetgang criminal drug | ||
conspiracy shall forfeit to the State of
Illinois:
| ||
(1) the receipts obtained by him or her in such | ||
conspiracy; and
| ||
(2) any of his or her interests in, claims against, |
receipts from, or
property or rights of any kind affording | ||
a source of influence over,
such conspiracy.
| ||
(c) The circuit court may enter such injunctions, | ||
restraining
orders, directions or prohibitions, or may take | ||
such other actions,
including the acceptance of satisfactory | ||
performance bonds, in
connection with any property, claim, | ||
receipt, right or other interest
subject to forfeiture under | ||
this Section, as it deems proper.
| ||
(Source: P.A. 89-498, eff. 6-27-96.)
| ||
(720 ILCS 570/406.1) (from Ch. 56 1/2, par. 1406.1)
| ||
Sec. 406.1. (a) Any person who controls
any building and | ||
who performs the following act commits the offense
of | ||
permitting unlawful use of a building:
| ||
Knowingly grants, permits or makes the building available | ||
for use for the purpose of
unlawfully manufacturing or | ||
delivering a controlled substance other than methamphetamine .
| ||
(b) Permitting unlawful use of a building is a Class 4 | ||
felony.
| ||
(Source: P.A. 85-537.)
| ||
(720 ILCS 570/407) (from Ch. 56 1/2, par. 1407)
| ||
Sec. 407. (a) (1)(A) Any person 18 years of age or over who | ||
violates any
subsection of Section 401 or subsection (b) of | ||
Section 404 by delivering a
controlled, counterfeit or | ||
look-alike substance to a person under 18 years
of age may be | ||
sentenced to imprisonment for a term up to twice the maximum
| ||
term and fined an amount up to twice that amount otherwise | ||
authorized by
the pertinent subsection of Section 401 and | ||
Subsection (b) of Section 404.
| ||
(B) (Blank).
Any person 18 years of age or over who | ||
violates subdivision
(a)(6.5), subdivision (a)(6.6), | ||
subdivision (c)(6.5), subsection (c-5),
subsection (d), or | ||
subsection (d-5) of Section 401 by
manufacturing | ||
methamphetamine, preparing to manufacture methamphetamine, or
| ||
storing methamphetamine, methamphetamine ingredients, or |
methamphetamine waste
in any vehicle or real property where a | ||
child under 18 years of age resides, is
present, or is | ||
otherwise endangered by exposure to the methamphetamine,
| ||
methamphetamine ingredients, methamphetamine waste, or | ||
methamphetamine
manufacturing process may be sentenced to | ||
imprisonment for a term up to
twice the maximum term and fined | ||
an amount up to twice that amount otherwise
authorized by the | ||
pertinent subsection of Section 401 and subsection (b) of
| ||
Section 404.
| ||
(2) Except as provided in paragraph (3) of this subsection, | ||
any person
who violates:
| ||
(A) subsection (c) of Section 401 by delivering or | ||
possessing with
intent to deliver a controlled, | ||
counterfeit, or look-alike substance in or
on, or within | ||
1,000 feet of, a truck stop or safety rest area, is guilty | ||
of
a Class 1 felony, the fine for which shall not exceed | ||
$250,000;
| ||
(B) subsection (d) of Section 401 by delivering or | ||
possessing with
intent to deliver a controlled, | ||
counterfeit, or look-alike substance in or
on, or within | ||
1,000 feet of, a truck stop or safety rest area, is guilty | ||
of
a Class 2 felony, the fine for which shall not exceed | ||
$200,000;
| ||
(C) subsection (e) of Section 401 or subsection (b) of | ||
Section 404
by delivering or possessing with intent to | ||
deliver a controlled,
counterfeit, or look-alike substance | ||
in or on, or within 1,000 feet of, a
truck stop or safety | ||
rest area, is guilty of a Class 3 felony, the fine for
| ||
which shall not exceed $150,000;
| ||
(D) subsection (f) of Section 401 by delivering or | ||
possessing with
intent to deliver a controlled, | ||
counterfeit, or look-alike substance in or
on, or within | ||
1,000 feet of, a truck stop or safety rest area, is guilty | ||
of
a Class 3 felony, the fine for which shall not exceed | ||
$125,000;
| ||
(E) subsection (g) of Section 401 by delivering or |
possessing with
intent to deliver a controlled, | ||
counterfeit, or look-alike substance in or
on, or within | ||
1,000 feet of, a truck stop or safety rest area, is guilty | ||
of
a Class 3 felony, the fine for which shall not exceed | ||
$100,000;
| ||
(F) subsection (h) of Section 401 by delivering or | ||
possessing with
intent to deliver a controlled, | ||
counterfeit, or look-alike substance in or
on, or within | ||
1,000 feet of, a truck stop or safety rest area, is guilty | ||
of
a Class 3 felony, the fine for which shall not exceed | ||
$75,000;
| ||
(3) Any person who violates paragraph (2) of this | ||
subsection (a) by
delivering or possessing with intent to | ||
deliver a controlled, counterfeit,
or look-alike substance in | ||
or on, or within 1,000 feet of a truck stop or a
safety rest | ||
area, following a prior conviction or convictions of paragraph
| ||
(2) of this subsection (a) may be sentenced to a term of | ||
imprisonment up to
2 times the maximum term and fined an amount | ||
up to 2 times the amount
otherwise authorized by Section 401.
| ||
(4) For the purposes of this subsection (a):
| ||
(A) "Safety rest area" means a roadside facility | ||
removed from the
roadway with parking and facilities | ||
designed for motorists' rest, comfort,
and information | ||
needs; and
| ||
(B) "Truck stop" means any facility (and its parking | ||
areas) used to
provide fuel or service, or both, to any | ||
commercial motor vehicle as
defined in Section 18b-101 of | ||
the Illinois Vehicle Code.
| ||
(b) Any person who violates:
| ||
(1) subsection (c) of Section 401 in any school, or any | ||
conveyance
owned, leased or contracted by a school to | ||
transport students to or from
school or a school related | ||
activity, or residential property owned, operated or
| ||
managed by a public housing agency or leased by a public | ||
housing agency as part
of a scattered site or mixed-income | ||
development, or public park, on the real
property |
comprising any school or residential property owned, | ||
operated or
managed by a public housing agency or leased by | ||
a public housing agency as part
of a scattered site or | ||
mixed-income development, or public park or
within 1,000 | ||
feet of the real property comprising any school or
| ||
residential property owned, operated or managed by a public | ||
housing
agency
or leased by a public housing agency as part | ||
of a scattered site or
mixed-income development, or public | ||
park, on the real property comprising any
church, | ||
synagogue, or
other building, structure, or place used | ||
primarily for religious worship, or
within 1,000 feet of | ||
the real property comprising any church, synagogue, or
| ||
other building, structure, or place used primarily for | ||
religious worship, on
the real property comprising any of | ||
the following places, buildings, or
structures used | ||
primarily for housing or providing space for activities for
| ||
senior citizens: nursing homes, assisted-living centers, | ||
senior citizen housing
complexes, or senior centers | ||
oriented toward daytime activities, or within
1,000 feet of | ||
the real property comprising any of the following places,
| ||
buildings, or structures used primarily for housing or | ||
providing space for
activities for senior citizens: | ||
nursing homes, assisted-living centers, senior
citizen | ||
housing complexes, or senior centers oriented toward | ||
daytime activities
is guilty of a Class X felony, the fine | ||
for which shall not
exceed $500,000;
| ||
(2) subsection (d) of Section 401 in any school, or any | ||
conveyance
owned, leased or contracted by a school to | ||
transport students to or from
school or a school related | ||
activity, or residential property owned,
operated or | ||
managed by a public housing agency or leased by a public | ||
housing
agency as part of a scattered site or mixed-income | ||
development, or public park,
on the real property | ||
comprising any school or residential property owned,
| ||
operated or managed by a public housing agency or leased by | ||
a public housing
agency as part of a scattered site or |
mixed-income development, or public park
or within 1,000 | ||
feet of the real property comprising any school or | ||
residential
property owned, operated or managed by a public | ||
housing agency or leased by a
public housing agency as part | ||
of a scattered site or mixed-income development,
or public | ||
park, on the real property comprising any church, | ||
synagogue, or other
building, structure, or place used | ||
primarily for religious worship, or
within 1,000 feet of | ||
the real property comprising any church,
synagogue, or | ||
other building, structure, or place used primarily for | ||
religious
worship, on the real property comprising any of | ||
the following places,
buildings, or
structures used | ||
primarily for housing or providing space for activities for
| ||
senior citizens: nursing homes, assisted-living centers, | ||
senior citizen housing
complexes, or senior centers | ||
oriented toward daytime activities, or within
1,000 feet of | ||
the real property comprising any of the following
places, | ||
buildings, or structures used primarily for housing or | ||
providing space
for activities for senior citizens: | ||
nursing homes, assisted-living centers,
senior citizen | ||
housing complexes, or senior centers oriented toward | ||
daytime
activities is guilty of a Class 1 felony, the fine | ||
for which shall not exceed
$250,000;
| ||
(3) subsection (e) of Section 401 or Subsection (b) of | ||
Section 404 in
any school, or any conveyance owned, leased | ||
or contracted by a school to
transport students to or from | ||
school or a school related activity, or
residential | ||
property owned, operated or managed by a public housing | ||
agency or
leased by a public housing agency as part of a | ||
scattered site or mixed-income
development, or public | ||
park, on the real property comprising any school or
| ||
residential property owned, operated or managed by a public | ||
housing agency or
leased by a public housing agency as part | ||
of a scattered site or mixed-income
development, or public | ||
park or within 1,000 feet of the real property
comprising
| ||
any school or residential property owned, operated or |
managed by a
public housing agency or leased by a public | ||
housing agency as part of a
scattered site or mixed-income | ||
development, or public park, on the real
property | ||
comprising any church, synagogue, or other building, | ||
structure, or
place used primarily for religious worship, | ||
or within 1,000 feet of the real
property comprising any | ||
church, synagogue, or other building, structure, or
place | ||
used primarily for religious worship, on the real property | ||
comprising any
of the following places, buildings, or | ||
structures used primarily for housing or
providing space | ||
for activities for
senior citizens: nursing homes, | ||
assisted-living centers, senior citizen housing
complexes, | ||
or senior centers oriented toward daytime activities, or | ||
within
1,000 feet of the real property comprising any of | ||
the following
places, buildings, or structures used | ||
primarily for housing or providing space
for activities for | ||
senior citizens: nursing homes, assisted-living centers,
| ||
senior citizen housing complexes, or senior centers | ||
oriented toward daytime
activities is guilty of a Class 2 | ||
felony, the fine for
which shall not exceed $200,000;
| ||
(4) subsection (f) of Section 401 in any school, or any | ||
conveyance
owned, leased or contracted by a school to | ||
transport students to or from
school or a school related | ||
activity, or residential property owned,
operated or | ||
managed by a public housing agency
or leased by a public | ||
housing agency as part of a scattered site or
mixed-income | ||
development,
or public park, on the real
property | ||
comprising any school or residential property owned, | ||
operated or
managed by a public housing agency
or leased by | ||
a public housing agency as part of a scattered site or
| ||
mixed-income development,
or public park or
within 1,000 | ||
feet of the real property comprising any school or | ||
residential
property owned, operated or managed by a public | ||
housing agency
or leased by a public housing agency as part | ||
of a scattered site or
mixed-income development,
or public
| ||
park, on the real property comprising any church, |
synagogue, or other
building,
structure, or place used | ||
primarily for religious worship, or
within 1,000 feet of | ||
the real property comprising any church,
synagogue, or | ||
other building, structure, or place used primarily for | ||
religious
worship, on the real property comprising any of | ||
the following places,
buildings, or
structures used | ||
primarily for housing or providing space for activities for
| ||
senior citizens: nursing homes, assisted-living centers, | ||
senior citizen housing
complexes, or senior centers | ||
oriented toward daytime activities, or within
1,000 feet of | ||
the real property comprising any of the following
places, | ||
buildings, or structures used primarily for housing or | ||
providing space
for activities for senior citizens: | ||
nursing homes, assisted-living centers,
senior citizen | ||
housing complexes, or senior centers oriented toward | ||
daytime
activities
is guilty of a Class 2 felony, the fine | ||
for which shall not exceed
$150,000;
| ||
(5) subsection (g) of Section 401 in any school, or any | ||
conveyance
owned, leased or contracted by a school to | ||
transport students to or from
school or a school related | ||
activity, or residential property owned,
operated or | ||
managed by a public housing agency
or leased by a public | ||
housing agency as part of a scattered site or
mixed-income | ||
development,
or public park, on the real
property | ||
comprising any school or residential property owned, | ||
operated or
managed by a public housing agency
or leased by | ||
a public housing agency as part of a scattered site or
| ||
mixed-income development,
or public park or
within 1,000 | ||
feet of the real property comprising any school or | ||
residential
property owned, operated or managed by a public | ||
housing agency
or leased by a public housing agency as part | ||
of a scattered site or
mixed-income development,
or public
| ||
park, on the real property comprising any church, | ||
synagogue, or other
building,
structure, or place used | ||
primarily for religious worship, or
within 1,000 feet of | ||
the real property comprising any church,
synagogue, or |
other building, structure, or place used primarily for | ||
religious
worship, on the real property comprising any of | ||
the following places,
buildings, or
structures used | ||
primarily for housing or providing space for activities for
| ||
senior citizens: nursing homes, assisted-living centers, | ||
senior citizen housing
complexes, or senior centers | ||
oriented toward daytime activities, or within
1,000 feet of | ||
the real property comprising any of the following
places, | ||
buildings, or structures used primarily for housing or | ||
providing space
for activities for senior citizens: | ||
nursing homes, assisted-living centers,
senior citizen | ||
housing complexes, or senior centers oriented toward | ||
daytime
activities
is guilty of a Class 2 felony, the fine | ||
for which shall not exceed $125,000;
| ||
(6) subsection (h) of Section 401 in any school, or any | ||
conveyance
owned, leased or contracted by a school to | ||
transport students to or from
school or a school related | ||
activity, or residential property owned,
operated or | ||
managed by a public housing agency
or leased by a public | ||
housing agency as part of a scattered site or
mixed-income | ||
development,
or public park, on the real
property | ||
comprising any school or residential property owned, | ||
operated or
managed by a public housing agency
or leased by | ||
a public housing agency as part of a scattered site or
| ||
mixed-income development,
or public park or within 1,000 | ||
feet of the real property comprising any school
or | ||
residential
property owned, operated or managed by a public | ||
housing agency
or leased by a public housing agency as part | ||
of a scattered site or
mixed-income development,
or public
| ||
park, on the real property comprising any church, | ||
synagogue, or other
building,
structure, or place used | ||
primarily for religious worship, or
within 1,000 feet of | ||
the real property comprising any church,
synagogue, or | ||
other building, structure, or place used primarily for | ||
religious
worship, on the real property comprising any of | ||
the following places,
buildings, or
structures used |
primarily for housing or providing space for activities for
| ||
senior citizens: nursing homes, assisted-living centers, | ||
senior citizen housing
complexes, or senior centers | ||
oriented toward daytime activities, or within
1,000 feet of | ||
the real property comprising any of the following
places, | ||
buildings, or structures used primarily for housing or | ||
providing space
for activities for senior citizens: | ||
nursing homes, assisted-living centers,
senior citizen | ||
housing complexes, or senior centers oriented toward | ||
daytime
activities
is guilty of a Class 2 felony, the fine | ||
for which shall not exceed
$100,000.
| ||
(c) Regarding penalties prescribed in subsection
(b) for | ||
violations committed in a school or on or within
1,000 feet of | ||
school property, the time of day, time of year and whether
| ||
classes were currently in session at the time of the offense is | ||
irrelevant.
| ||
(Source: P.A. 92-16, eff. 6-28-01; 93-223, eff. 1-1-04.)
| ||
(720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
| ||
Sec. 410. (a) Whenever any person who has not previously | ||
been convicted
of, or placed on probation or court supervision | ||
for any offense under this
Act or any law of the United States | ||
or of any State relating to cannabis
or controlled substances, | ||
pleads guilty to or is found guilty of possession
of a | ||
controlled or counterfeit substance under subsection (c) of | ||
Section
402, the court, without entering a judgment and with | ||
the consent of such
person, may sentence him to probation.
| ||
(b) When a person is placed on probation, the court shall | ||
enter an order
specifying a period of probation of 24 months | ||
and shall defer further
proceedings in the case until the | ||
conclusion of the period or until the
filing of a petition | ||
alleging violation of a term or condition of probation.
| ||
(c) The conditions of probation shall be that the person: | ||
(1) not
violate any criminal statute of any jurisdiction; (2) | ||
refrain from
possessing a firearm or other dangerous weapon; | ||
(3) submit to periodic drug
testing at a time and in a manner |
as ordered by the court, but no less than 3
times during the | ||
period of the probation, with the cost of the testing to be
| ||
paid by the probationer; and (4) perform no less than 30 hours | ||
of community
service, provided community service is available | ||
in the jurisdiction and is
funded
and approved by the county | ||
board.
| ||
(d) The court may, in addition to other conditions, require | ||
that the person:
| ||
(1) make a report to and appear in person before or | ||
participate with the
court or such courts, person, or | ||
social service agency as directed by the
court in the order | ||
of probation;
| ||
(2) pay a fine and costs;
| ||
(3) work or pursue a course of study or vocational
| ||
training;
| ||
(4) undergo medical or psychiatric treatment; or | ||
treatment or
rehabilitation approved by the Illinois | ||
Department of Human Services;
| ||
(5) attend or reside in a facility established for the | ||
instruction or
residence of defendants on probation;
| ||
(6) support his dependents;
| ||
(6-5) refrain from having in his or her body the | ||
presence of any illicit
drug prohibited by the Cannabis | ||
Control Act ,
or the Illinois Controlled
Substances Act , or | ||
the Methamphetamine Control and Community Protection Act , | ||
unless prescribed by a physician, and submit samples of
his | ||
or her blood or urine or both for tests to determine the | ||
presence of any
illicit drug;
| ||
(7) and in addition, if a minor:
| ||
(i) reside with his parents or in a foster home;
| ||
(ii) attend school;
| ||
(iii) attend a non-residential program for youth;
| ||
(iv) contribute to his own support at home or in a | ||
foster home.
| ||
(e) Upon violation of a term or condition of probation, the | ||
court
may enter a judgment on its original finding of guilt and |
proceed as
otherwise provided.
| ||
(f) Upon fulfillment of the terms and conditions of | ||
probation, the court
shall discharge the person and dismiss the | ||
proceedings against him.
| ||
(g) A disposition of probation is considered to be a | ||
conviction
for the purposes of imposing the conditions of | ||
probation and for appeal,
however, discharge and dismissal | ||
under this Section is not a conviction for
purposes of this Act | ||
or for purposes of disqualifications or disabilities
imposed by | ||
law upon conviction of a crime.
| ||
(h) There may be only one discharge and dismissal under | ||
this Section ,
or
Section 10 of the Cannabis Control Act , or | ||
Section 70 of the Methamphetamine Control and Community | ||
Protection Act with respect to any person.
| ||
(i) If a person is convicted of an offense under this Act ,
| ||
or the Cannabis
Control Act , or the Methamphetamine Control and | ||
Community Protection Act within 5 years
subsequent to a | ||
discharge and dismissal under this Section, the discharge and
| ||
dismissal under this Section shall be admissible in the | ||
sentencing proceeding
for that conviction
as evidence in | ||
aggravation.
| ||
(Source: P.A. 91-696, eff. 4-13-00.)
| ||
(720 ILCS 570/413) (from Ch. 56 1/2, par. 1413)
| ||
Sec. 413. (a) Twelve and one-half percent of all amounts | ||
collected
as fines pursuant to the provisions of this Article | ||
shall be paid into the
Youth Drug Abuse Prevention Fund, which | ||
is hereby created in the State
treasury, to be used by the | ||
Department for the funding of programs and
services for | ||
drug-abuse treatment, and prevention and education services,
| ||
for juveniles.
| ||
(b) Eighty-seven and one-half percent of the proceeds of | ||
all fines received
under the provisions of this Article shall | ||
be transmitted to and deposited
in the treasurer's office at | ||
the level
of government as follows:
| ||
(1) If such seizure was made by a combination of law |
enforcement
personnel representing differing units of | ||
local government, the court
levying the fine shall | ||
equitably allocate 50% of the fine among these units
of | ||
local government and shall allocate 37 1/2% to the county | ||
general
corporate fund. In the event that the seizure was | ||
made by law enforcement
personnel representing a unit of | ||
local government from a municipality where
the number of | ||
inhabitants exceeds 2 million in population, the court
| ||
levying the fine shall allocate 87 1/2% of the fine to that | ||
unit of local
government. If the seizure was made by a | ||
combination of law enforcement
personnel representing | ||
differing units of local government, and at least
one of | ||
those units represents a municipality where the number of
| ||
inhabitants exceeds 2 million in population, the court | ||
shall equitably
allocate 87 1/2% of the proceeds of the | ||
fines received among the differing
units of local | ||
government.
| ||
(2) If such seizure was made by State law enforcement | ||
personnel, then
the court shall allocate 37 1/2% to the | ||
State treasury and 50% to the
county general corporate | ||
fund.
| ||
(3) If a State law enforcement agency in combination | ||
with a law
enforcement agency or agencies of a unit or | ||
units of local government
conducted the seizure, the court | ||
shall equitably allocate 37 1/2% of the
fines to or among | ||
the law enforcement agency or agencies of the unit or
units | ||
of local government which conducted the seizure and shall | ||
allocate
50% to the county general corporate fund.
| ||
(c) The proceeds of all fines allocated to the law | ||
enforcement agency or
agencies of the unit or units of local | ||
government pursuant to subsection
(b) shall be made available | ||
to that law enforcement agency as expendable
receipts for use | ||
in the enforcement of laws regulating cannabis, | ||
methamphetamine, and other controlled
substances and cannabis . | ||
The proceeds of fines awarded to the State
treasury shall be | ||
deposited in a special fund known as the Drug Traffic
|
Prevention Fund, except that amounts distributed to the | ||
Secretary of
State shall be deposited into the Secretary of | ||
State Evidence Fund to be
used as provided in Section 2-115 of | ||
the Illinois Vehicle Code. Monies
from this fund may be used by | ||
the Department of
State Police or use in the enforcement of | ||
laws regulating cannabis, methamphetamine, and other
| ||
controlled
substances and cannabis ; to satisfy funding | ||
provisions of the
Intergovernmental Drug Laws Enforcement Act; | ||
to defray costs and expenses
associated with returning | ||
violators of the Cannabis Control Act and this
Act only, as | ||
provided in those Acts, when punishment of the crime shall be
| ||
confinement of the criminal in the penitentiary; and all other | ||
monies shall
be paid into the general revenue fund in the State | ||
treasury.
| ||
(Source: P.A. 87-342; 87-993.)
| ||
(720 ILCS 570/405.3 rep.)
| ||
(720 ILCS 570/411.3 rep.) | ||
Section 1066. The Illinois Controlled Substances Act is | ||
amended by repealing Sections 405.3 and 411.3. | ||
Section 1070. The Drug Paraphernalia Control Act is amended | ||
by changing Section 2 as follows:
| ||
(720 ILCS 600/2) (from Ch. 56 1/2, par. 2102)
| ||
Sec. 2. As used in this Act, unless the context otherwise | ||
requires:
| ||
(a) The term "cannabis" shall have the meaning ascribed to | ||
it in Section
3 of the " Cannabis Control Act " , as if that | ||
definition were incorporated
herein.
| ||
(b) The term "controlled substance" shall have the meaning | ||
ascribed to
it in Section 102 of the " Illinois Controlled | ||
Substances Act " , as if that
definition were incorporated | ||
herein.
| ||
(c) "Deliver" or "delivery" means the actual, constructive | ||
or attempted
transfer of possession, with or without |
consideration, whether or not there
is an agency relationship.
| ||
(d) "Drug paraphernalia" means all equipment, products and | ||
materials of
any kind , other than methamphetamine | ||
manufacturing materials as defined in Section 10 of the | ||
Methamphetamine Control and Community Protection Act, which | ||
are intended to be used unlawfully in planting, propagating,
| ||
cultivating, growing, harvesting, manufacturing, compounding,
| ||
converting, producing, processing, preparing, testing, | ||
analyzing, packaging,
repackaging, storing, containing, | ||
concealing, injecting, ingesting, inhaling
or otherwise | ||
introducing into the human body cannabis or a controlled | ||
substance
in violation of the " Cannabis Control Act , " or the | ||
" Illinois Controlled
Substances
Act , or the Methamphetamine | ||
Control and Community Protection Act " . It
includes, but is not | ||
limited to:
| ||
(1) kits intended to be used unlawfully in | ||
manufacturing, compounding,
converting,
producing, | ||
processing or preparing cannabis or a controlled | ||
substance;
| ||
(2) isomerization devices intended to be used | ||
unlawfully in increasing
the potency of any species of | ||
plant which is cannabis or a controlled
substance;
| ||
(3) testing equipment intended to be used unlawfully in | ||
a private home for
identifying
or in analyzing the | ||
strength, effectiveness or purity of cannabis or | ||
controlled
substances;
| ||
(4) diluents and adulterants intended to be used | ||
unlawfully for cutting
cannabis
or a controlled substance | ||
by private persons;
| ||
(5) objects intended to be used unlawfully in | ||
ingesting, inhaling,
or otherwise introducing cannabis, | ||
cocaine, hashish, or hashish oil into
the human body | ||
including, where applicable, the following items:
| ||
(A) water pipes;
| ||
(B) carburetion tubes and devices;
| ||
(C) smoking and carburetion masks;
|
(D) miniature cocaine spoons and cocaine vials;
| ||
(E) carburetor pipes;
| ||
(F) electric pipes;
| ||
(G) air-driven pipes;
| ||
(H) chillums;
| ||
(I) bongs;
| ||
(J) ice pipes or chillers;
| ||
(6) any item whose purpose, as announced or described | ||
by the seller, is
for use in violation of this Act.
| ||
(Source: P.A. 93-526, eff. 8-12-03.)
| ||
Section 1075. The Methamphetamine Manufacturing Chemical | ||
Retail Sale Control Act is amended by changing Sections 1, 5, | ||
10, 15, 30, 45, 50, and 60 as follows: | ||
(720 ILCS 647/1)
| ||
Sec. 1. Short title. This Act may be cited as the | ||
Methamphetamine Precursor
Methamphetamine Manufacturing | ||
Chemical Retail Sale Control Act.
| ||
(Source: P.A. 93-1008, eff. 1-1-05.) | ||
(720 ILCS 647/5)
| ||
Sec. 5. Purpose. The purpose of this Act is to reduce the | ||
harm that methamphetamine is inflicting on individuals, | ||
families, communities, the economy, and the environment in | ||
Illinois by making it more difficult for persons engaged in the | ||
unlawful manufacture of methamphetamine to obtain | ||
methamphetamine precursor
methamphetamine manufacturing | ||
chemicals .
| ||
(Source: P.A. 93-1008, eff. 1-1-05.) | ||
(720 ILCS 647/10)
| ||
Sec. 10. Definitions. In this Act: | ||
"Methamphetamine precursor" has the meaning ascribed to it | ||
in Section 10 of the Methamphetamine Control and Community | ||
Protection Act.
"Methamphetamine manufacturing chemical" has |
the meaning ascribed to it in subsection (z-1) of Section 102 | ||
of the Illinois Controlled Substances Act.
| ||
"Targeted methamphetamine precursor
methamphetamine | ||
manufacturing chemical " and "targeted medications" mean a | ||
subset of " methamphetamine precursor
methamphetamine | ||
manufacturing chemicals ". "Targeted methamphetamine precursor
| ||
methamphetamine manufacturing chemical " means any medication | ||
in the form of a tablet, capsule, caplet, or similar product | ||
that is sold over the counter, without a prescription, and that | ||
contains either (A) more than 15 milligrams of ephedrine or its | ||
salts, optical isomers, or salts of optical isomers or
(B) more | ||
than 15 milligrams of pseudoephedrine or its salts, optical | ||
isomers, or salts of optical isomers.
"Targeted | ||
methamphetamine precursor
methamphetamine manufacturing | ||
chemical " does not include any medication in the form of a | ||
liquid, liquid cap, gel cap, or other similar substance, or any | ||
medication dispensed by a licensed pharmacist pursuant to a | ||
valid prescription. | ||
"Package" means an item packaged and marked for retail sale | ||
that is not designed to be further broken down or subdivided | ||
for the purpose of retail sale.
| ||
"Targeted package" means a package containing any amount of | ||
a targeted methamphetamine precursor
methamphetamine | ||
manufacturing chemical . | ||
"Single active ingredient targeted methamphetamine | ||
precursor
methamphetamine manufacturing chemical " means a | ||
targeted methamphetamine precursor
methamphetamine | ||
manufacturing chemical whose sole active ingredient is | ||
ephedrine or its salts, optical isomers, or salts of optical | ||
isomers; or pseudoephedrine or its salts, optical isomers, or | ||
salts of optical isomers.
| ||
"Single active ingredient targeted package" means a | ||
package containing any amount of single active ingredient | ||
targeted methamphetamine precursor
methamphetamine | ||
manufacturing chemical .
| ||
"Multiple active ingredient targeted methamphetamine |
precursor
methamphetamine manufacturing chemical " means a | ||
targeted methamphetamine precursor
methamphetamine | ||
manufacturing chemical that contains at least one active | ||
ingredient other than ephedrine or its salts, optical isomers, | ||
or salts of optical isomers; or pseudoephedrine or its salts, | ||
optical isomers, or salts of optical isomers. | ||
"Multiple active ingredient targeted package" means a | ||
package containing any amount of multiple active ingredient | ||
targeted methamphetamine precursor
methamphetamine | ||
manufacturing chemical . | ||
"Stock keeping unit" or "SKU" means the primary or basic | ||
unit of measure assigned to an item sold by a retail | ||
distributor and the smallest unit of an item that may be | ||
dispensed from a retail distributor's inventory. | ||
"Targeted stock keeping unit" means a stock keeping unit | ||
assigned to a targeted package.
| ||
"Blister pack" means a unit dose package commonly | ||
constructed from a formed cavity containing one or more | ||
individual doses.
| ||
"Capsule" means a solid dosage form in which a medicinal | ||
substance is enclosed and consisting of either a hard or soft | ||
soluble outer shell.
| ||
"Customer" means a person who buys goods from a retail | ||
distributor.
| ||
"Distribute" means to sell, give, provide or otherwise | ||
transfer.
| ||
"Dosage unit" means an exact amount of a drug's treatment | ||
pre-packaged by the manufacturer or pharmacist in standardized | ||
amounts.
| ||
"Sales employee" means any employee who at any time (a) | ||
operates a cash register at which targeted packages may be | ||
sold, (b) works at or behind a pharmacy counter, (c) stocks | ||
shelves containing targeted packages, or (d) trains or | ||
supervises other employees who engage in any of the preceding | ||
activities. | ||
"Tablet" means a solid dosage form of varying weight, size, |
and shape that may be molded or compressed and that contains a | ||
medicinal substance in pure or diluted form. | ||
"Single retail transaction" means a sale by a retail | ||
distributor to a specific customer at a specific time.
| ||
"Retail distributor" means a grocery store, general | ||
merchandise store, drug store, other merchandise store, or | ||
other entity or person whose activities as a distributor | ||
relating to drug products containing targeted methamphetamine | ||
precursor
methamphetamine manufacturing chemicals are limited | ||
exclusively or almost exclusively to sales for personal use, | ||
both in number of sales and volume of sales, either directly to | ||
walk-in customers or in face-to-face transactions by direct | ||
sales.
| ||
(Source: P.A. 93-1008, eff. 1-1-05.) | ||
(720 ILCS 647/15)
| ||
Sec. 15. Package sale restrictions. | ||
(a) Any targeted methamphetamine precursor
methamphetamine | ||
manufacturing chemical displayed or distributed by any retail | ||
distributor in Illinois shall be packaged in blister packs, | ||
with each blister containing not more than 2 dosage units, or | ||
when the use of blister packs is technically infeasible, in | ||
unit dose packets or pouches.
| ||
(b) Any targeted package displayed or distributed by any | ||
retail distributor in Illinois shall contain no more than 3 | ||
grams of ephedrine or its salts, optical isomers, or salts of | ||
optical isomers; or pseudoephedrine or its salts, optical | ||
isomers, or salts of optical isomers.
| ||
(c) A retail distributor may not distribute more than 2 | ||
targeted packages in a single retail transaction.
| ||
(d) A retail distributor may not permit the purchase of any | ||
targeted package by means of a self-service checkout station,
| ||
unless the self-service checkout station is programmed in a | ||
manner that satisfies all of the following conditions for each | ||
retail transaction:
| ||
(1) When a particular customer seeks to purchase a |
single targeted package, the self-service checkout station | ||
may allow him or her to do so without any special prompts | ||
or actions.
| ||
(2) If the customer seeks to purchase a second targeted | ||
package, the self-service checkout station shall not allow | ||
him or her to purchase the second targeted package without | ||
the assistance of a sales employee. If the customer then | ||
seeks the assistance of a sales employee, the sales | ||
employee may instruct the self-service checkout station to | ||
allow the sale of the second targeted package.
| ||
(3) If the customer seeks to purchase a third targeted | ||
package, neither the self-service checkout station nor the | ||
store employee shall allow him or her to do so.
| ||
(e) A retail distributor, its employees, or its agents may | ||
not distribute any targeted package or packages with knowledge | ||
that they will be used to manufacture methamphetamine or with | ||
reckless disregard of the likely use of such package or | ||
packages to manufacture methamphetamine.
| ||
(Source: P.A. 93-1008, eff. 1-1-05.) | ||
(720 ILCS 647/30)
| ||
Sec. 30. Training and certification. | ||
(a) Every retail distributor of any targeted | ||
methamphetamine precursor
methamphetamine manufacturing | ||
chemical shall train each sales employee on the topics listed | ||
on the certification form described in subsection (b) of this | ||
Section. This training may be conducted by a live trainer or by | ||
means of a computer-based training program. This training shall | ||
be completed by the effective date of this Act or within 30 | ||
days of the date that each sales employee begins working for | ||
the retail distributor, whichever of these 2 dates comes later. | ||
(b) Immediately after training each sales employee as | ||
required in subsection (a) of this Section, every retail | ||
distributor of any targeted methamphetamine precursor
| ||
methamphetamine manufacturing chemical shall have each sales | ||
employee read, sign, and date a certification form containing |
the following language:
| ||
(1)
My name is (insert name of employee) and I am an | ||
employee of (insert name of business) at (insert street | ||
address).
| ||
(2) I understand that in Illinois there are laws | ||
governing the sale of certain over-the-counter medications | ||
that contain a chemical called ephedrine or a second | ||
chemical called pseudoephedrine. Medications that are | ||
subject to these laws are called "targeted medications" and | ||
they are sold in "targeted packages". | ||
(3) I understand that "targeted medications" can be | ||
used to manufacture the illegal and dangerous drug | ||
methamphetamine and that methamphetamine is causing great | ||
harm to individuals, families, communities, the economy, | ||
and the environment throughout Illinois. | ||
(4) I understand that under Illinois law, the store | ||
where I work is not allowed to sell more than 2 "targeted | ||
packages" in a single retail transaction. That means the | ||
store cannot sell more than 2 "targeted packages" to a | ||
single customer at one time.
| ||
(5) I understand that under Illinois law, the store | ||
where I work cannot allow customers to buy "targeted | ||
packages" at self-service check-out lanes, except under | ||
certain conditions which have been described to me. | ||
(6) I understand that under Illinois law, I cannot sell | ||
"targeted medications" to a person if I know that the | ||
person is going to use them to make methamphetamine. | ||
(7) I understand that there are a number of ingredients | ||
that are used to make the illegal drug methamphetamine, | ||
including "targeted medications" sold in "targeted | ||
packages". My employer has shown me a list of these various | ||
ingredients, and I have reviewed the list.
| ||
(8) I understand that there are certain procedures that | ||
I should follow if I suspect that a store customer is | ||
purchasing "targeted medications" or other products for | ||
the purpose of manufacturing methamphetamine. These |
procedures have been described to me, and I understand | ||
them.
| ||
(c) A certification form of the type described in | ||
subsection (b) of this Section may be signed with a handwritten | ||
signature or a reliable electronic signature that includes, a | ||
unique identifier for each employee. The certification shall be | ||
retained by the retail distributor for each sales employee for | ||
the duration of his or her employment and for at least 30 days | ||
following the end of his or her employment. Any such form shall | ||
be made available for inspection and copying by any law | ||
enforcement officer upon request. | ||
(d) The office of the Illinois Attorney General shall make | ||
available to retail distributors the list of methamphetamine | ||
ingredients referred to in subsection (b) of this Section.
| ||
(Source: P.A. 93-1008, eff. 1-1-05.) | ||
(720 ILCS 647/45)
| ||
Sec. 45. Immunity from civil liability. In the event that | ||
any agent or employee of a retail distributor reports to any | ||
law-enforcement agency any suspicious activity concerning a | ||
targeted methamphetamine precursor
methamphetamine | ||
manufacturing chemical or other methamphetamine ingredient or | ||
ingredients, the agent or employee and the retail distributor | ||
itself are immune from civil liability based on allegations of | ||
defamation, libel, slander, false arrest, or malicious | ||
prosecution, or similar allegations, except in cases of willful | ||
or wanton misconduct.
| ||
(Source: P.A. 93-1008, eff. 1-1-05.) | ||
(720 ILCS 647/50)
| ||
Sec. 50. Special exclusion. If the United States Drug | ||
Enforcement Administration has formally certified that a | ||
targeted methamphetamine precursor
methamphetamine | ||
manufacturing chemical has been produced in a manner that | ||
prevents its use for the manufacture of methamphetamine, this | ||
Act does not apply to the sale of the targeted methamphetamine |
precursor
methamphetamine manufacturing chemical produced in | ||
that manner.
| ||
(Source: P.A. 93-1008, eff. 1-1-05.) | ||
(720 ILCS 647/60)
| ||
Sec. 60. Preemption and home rule powers. | ||
(a) Except as provided in subsection (b) of this Section, a | ||
county or municipality, including a home rule unit, may | ||
regulate the sale of targeted methamphetamine precursor
| ||
methamphetamine manufacturing chemicals and targeted packages | ||
in a manner that is not more or less restrictive than the | ||
regulation by the State under this Act. This Section is a | ||
limitation under subsection (i) of Section 6 of Article VII of | ||
the Illinois Constitution on the concurrent exercise by home | ||
rule units of the powers and functions exercised by the State. | ||
(b) Any regulation of the sale of targeted methamphetamine | ||
precursor
methamphetamine manufacturing chemicals and targeted | ||
packages by a home rule unit that took effect on or before May | ||
1, 2004, is exempt from the provisions of subsection (a) of | ||
this Section.
| ||
(Source: P.A. 93-1008, eff. 1-1-05.) | ||
Section 1080. The Code of Criminal Procedure of 1963 is | ||
amended by changing Sections 108B-3, 110-5, 110-6, 110-6.1, | ||
110-7, 110-10, 115-10.5, and 115-15 as follows:
| ||
(725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3)
| ||
Sec. 108B-3. Authorization for the interception of private
| ||
communication.
| ||
(a) The State's Attorney, or a person
designated in writing | ||
or
by law to act for him and to perform his duties during his | ||
absence or
disability, may authorize, in writing, an ex parte | ||
application to the chief
judge of a court of competent | ||
jurisdiction for an order authorizing the
interception of a | ||
private oral communication when no
party has consented to
the | ||
interception and (i) the interception may provide evidence of, |
or may
assist in the apprehension of a person who has | ||
committed, is committing or
is about to commit, a violation of | ||
Section 8-1.1 (solicitation of murder),
8-1.2 (solicitation of | ||
murder for hire), 9-1 (first degree murder), or 29B-1
(money | ||
laundering) of the Criminal Code of 1961,
Section 401, 401.1 | ||
(controlled substance
trafficking), 405, 405.1 (criminal drug | ||
conspiracy) or 407 of the Illinois
Controlled Substances Act or | ||
any Section of the Methamphetamine Control and Community | ||
Protection Act , a violation of Section 24-2.1, 24-2.2,
24-3,
| ||
24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), | ||
24-1(a)(6),
24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of | ||
the Criminal Code of 1961
or conspiracy to commit money | ||
laundering or
conspiracy to commit first degree murder; (ii)
in | ||
response to a clear and present danger of imminent death or | ||
great bodily
harm to persons resulting from: (1) a kidnapping | ||
or the holding of a
hostage by force or the threat of the | ||
imminent use of force; or (2) the
occupation by force or the | ||
threat of the imminent use of force of any
premises, place, | ||
vehicle, vessel or aircraft; (iii) to aid an investigation
or | ||
prosecution of a civil action brought under the Illinois | ||
Streetgang
Terrorism Omnibus Prevention Act when there is | ||
probable cause to
believe the
interception of the private oral | ||
communication will
provide evidence that a
streetgang is | ||
committing, has committed, or will commit a second or | ||
subsequent
gang-related offense or that the interception of the | ||
private oral
communication
will aid in the collection of a | ||
judgment entered under that Act; or (iv)
upon
information and | ||
belief that a streetgang has committed, is committing, or is
| ||
about to commit a felony.
| ||
(b) The State's Attorney or a person designated in writing | ||
or by law to
act for the State's Attorney and to perform his or | ||
her duties during his or her
absence or disability, may | ||
authorize, in writing, an ex parte application to
the chief | ||
judge of a circuit court for an order authorizing
the | ||
interception of a private communication when no
party has | ||
consented to the interception and the interception may provide
|
evidence of, or may assist in the apprehension of a person who | ||
has committed,
is committing or is about to commit, a violation | ||
of an offense under Article
29D of the Criminal Code of 1961.
| ||
(b-1) Subsection (b) is inoperative on and after January 1, | ||
2005.
| ||
(b-2) No conversations recorded or monitored pursuant to | ||
subsection (b)
shall be made inadmissable in a court of law by | ||
virtue of subsection (b-1).
| ||
(c) As used in this Section, "streetgang" and | ||
"gang-related" have the
meanings ascribed to them in Section 10 | ||
of the Illinois Streetgang Terrorism
Omnibus Prevention Act.
| ||
(Source: P.A. 92-854, eff. 12-5-02.)
| ||
(725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
| ||
Sec. 110-5. Determining the amount of bail and conditions | ||
of release.
| ||
(a) In determining the amount of monetary bail or | ||
conditions of release, if
any,
which will reasonably assure the | ||
appearance of a defendant as required or
the safety of any | ||
other person or the community and the likelihood of
compliance | ||
by the
defendant with all the conditions of bail, the court | ||
shall, on the
basis of available information, take into account | ||
such matters as the
nature and circumstances of the offense | ||
charged, whether the evidence
shows that as part of the offense | ||
there was a use of violence or threatened
use of violence, | ||
whether the offense involved corruption of public
officials or | ||
employees, whether there was physical harm or threats of | ||
physical
harm to any
public official, public employee, judge, | ||
prosecutor, juror or witness,
senior citizen, child or | ||
handicapped person, whether evidence shows that
during the | ||
offense or during the arrest the defendant possessed or used a
| ||
firearm, machine gun, explosive or metal piercing ammunition or | ||
explosive
bomb device or any military or paramilitary armament,
| ||
whether the evidence
shows that the offense committed was | ||
related to or in furtherance of the
criminal activities of an | ||
organized gang or was motivated by the defendant's
membership |
in or allegiance to an organized gang,
the condition of the
| ||
victim, any written statement submitted by the victim or | ||
proffer or
representation by the State regarding the
impact | ||
which the alleged criminal conduct has had on the victim and | ||
the
victim's concern, if any, with further contact with the | ||
defendant if
released on bail, whether the offense was based on | ||
racial, religious,
sexual orientation or ethnic hatred,
the | ||
likelihood of the filing of a greater charge, the likelihood of
| ||
conviction, the sentence applicable upon conviction, the | ||
weight of the evidence
against such defendant, whether there | ||
exists motivation or ability to
flee, whether there is any | ||
verification as to prior residence, education,
or family ties | ||
in the local jurisdiction, in another county,
state or foreign | ||
country, the defendant's employment, financial resources,
| ||
character and mental condition, past conduct, prior use of | ||
alias names or
dates of birth, and length of residence in the | ||
community,
the consent of the defendant to periodic drug | ||
testing in accordance with
Section 110-6.5,
whether a foreign | ||
national defendant is lawfully admitted in the United
States of | ||
America, whether the government of the foreign national
| ||
maintains an extradition treaty with the United States by which | ||
the foreign
government will extradite to the United States its | ||
national for a trial for
a crime allegedly committed in the | ||
United States, whether the defendant is
currently subject to | ||
deportation or exclusion under the immigration laws of
the | ||
United States, whether the defendant, although a United States | ||
citizen,
is considered under the law of any foreign state a | ||
national of that state
for the purposes of extradition or | ||
non-extradition to the United States,
the amount of unrecovered | ||
proceeds lost as a result of
the alleged offense, the
source of | ||
bail funds tendered or sought to be tendered for bail,
whether | ||
from the totality of the court's consideration,
the loss of | ||
funds posted or sought to be posted for bail will not deter the
| ||
defendant from flight, whether the evidence shows that the | ||
defendant is
engaged in significant
possession, manufacture, | ||
or delivery of a controlled substance or cannabis,
either |
individually or in consort with others,
whether at the time of | ||
the offense
charged he was on bond or pre-trial release pending | ||
trial, probation,
periodic imprisonment or conditional | ||
discharge pursuant to this Code or the
comparable Code of any | ||
other state or federal jurisdiction, whether the
defendant is | ||
on bond or
pre-trial release pending the imposition or | ||
execution of sentence or appeal of
sentence for any offense | ||
under the laws of Illinois or any other state or
federal | ||
jurisdiction, whether the defendant is under parole or | ||
mandatory
supervised release or
work release from the Illinois | ||
Department of Corrections or any penal
institution or | ||
corrections department of any state or federal
jurisdiction, | ||
the defendant's record of convictions, whether the defendant | ||
has been
convicted of a misdemeanor or ordinance offense in | ||
Illinois or similar
offense in other state or federal | ||
jurisdiction within the 10 years
preceding the current charge | ||
or convicted of a felony in Illinois, whether
the defendant was | ||
convicted of an offense in another state or federal
| ||
jurisdiction that would
be a felony if committed in Illinois | ||
within the 20 years preceding the
current charge or has been | ||
convicted of such felony and released from the
penitentiary | ||
within 20 years preceding the current charge if a
penitentiary | ||
sentence was imposed in Illinois or other state or federal
| ||
jurisdiction, the defendant's records of juvenile adjudication | ||
of delinquency in any
jurisdiction, any record of appearance or | ||
failure to appear by
the defendant at
court proceedings, | ||
whether there was flight to avoid arrest or
prosecution, | ||
whether the defendant escaped or
attempted to escape to avoid | ||
arrest, whether the defendant refused to
identify himself, or | ||
whether there was a refusal by the defendant to be
| ||
fingerprinted as required by law. Information used by the court | ||
in its
findings or stated in or
offered in connection with this | ||
Section may be by way of proffer based upon
reliable | ||
information offered by the State or defendant.
All evidence | ||
shall be admissible if it is relevant and
reliable regardless | ||
of whether it would be admissible under the rules of
evidence |
applicable at criminal trials.
If the State presents evidence | ||
that the offense committed by the defendant
was related to or | ||
in furtherance of the criminal activities of an organized
gang | ||
or was motivated by the defendant's membership in or allegiance | ||
to an
organized gang, and if the court determines that the | ||
evidence may be
substantiated, the court shall prohibit the | ||
defendant from associating with
other members of the organized | ||
gang as a condition of bail or release.
For the purposes of | ||
this Section,
"organized gang" has the meaning ascribed to it | ||
in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||
Prevention Act.
| ||
(b) The amount of bail shall be:
| ||
(1) Sufficient to assure compliance with the | ||
conditions set forth in the
bail bond, which shall include | ||
the defendant's current address with a written
| ||
admonishment to the defendant that he or she must comply | ||
with the provisions of
Section 110-12 regarding any change | ||
in his or her address. The defendant's
address shall at all | ||
times remain a matter of public record with the clerk
of | ||
the court.
| ||
(2) Not oppressive.
| ||
(3) Considerate of the financial ability of the | ||
accused.
| ||
(4) When a person is charged with a drug related | ||
offense involving
possession or delivery of cannabis or | ||
possession or delivery of a
controlled substance as defined | ||
in the Cannabis Control Act, as amended, or
the Illinois | ||
Controlled Substances Act, or the Methamphetamine Control | ||
and Community Protection Act
as amended , the full street | ||
value
of the drugs seized shall be considered. "Street | ||
value" shall be
determined by the court on the basis of a | ||
proffer by the State based upon
reliable information of a | ||
law enforcement official contained in a written
report as | ||
to the amount seized and such proffer may be used by the | ||
court as
to the current street value of the smallest unit | ||
of the drug seized.
|
(b-5) Upon the filing of a written request demonstrating | ||
reasonable cause, the State's Attorney may request a source of | ||
bail hearing either before or after the posting of any funds.
| ||
If the hearing is granted, before the posting of any bail, the | ||
accused must file a written notice requesting that the court | ||
conduct a source of bail hearing. The notice must be | ||
accompanied by justifying affidavits stating the legitimate | ||
and lawful source of funds for bail. At the hearing, the court | ||
shall inquire into any matters stated in any justifying | ||
affidavits, and may also inquire into matters appropriate to | ||
the determination which shall include, but are not limited to, | ||
the following: | ||
(1) the background, character, reputation, and | ||
relationship to the accused of any surety; and | ||
(2) the source of any money or property deposited by | ||
any surety, and whether any such money or property | ||
constitutes the fruits of criminal or unlawful conduct; and | ||
(3) the source of any money posted as cash bail, and | ||
whether any such money constitutes the fruits of criminal | ||
or unlawful conduct; and | ||
(4) the background, character, reputation, and | ||
relationship to the accused of the person posting cash | ||
bail. | ||
Upon setting the hearing, the court shall examine, under | ||
oath, any persons who may possess material information. | ||
The State's Attorney has a right to attend the hearing, to | ||
call witnesses and to examine any witness in the proceeding. | ||
The court shall, upon request of the State's Attorney, continue | ||
the proceedings for a reasonable period to allow the State's | ||
Attorney to investigate the matter raised in any testimony or | ||
affidavit.
If the hearing is granted after the accused has | ||
posted bail, the court shall conduct a hearing consistent with | ||
this subsection (b-5). At the conclusion of the hearing, the | ||
court must issue an order either approving of disapproving the | ||
bail.
| ||
(c) When a person is charged with an offense punishable by |
fine only the
amount of the bail shall not exceed double the | ||
amount of the maximum penalty.
| ||
(d) When a person has been convicted of an offense and only | ||
a fine has
been imposed the amount of the bail shall not exceed | ||
double the amount of
the fine.
| ||
(e) The State may appeal any order granting bail or setting
| ||
a given amount for bail.
| ||
(Source: P.A. 93-254, eff. 1-1-04; 93-817, eff. 7-27-04.)
| ||
(725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
| ||
Sec. 110-6. (a) Upon verified application by
the State or | ||
the defendant or on its own motion the court before which the
| ||
proceeding is
pending may increase or reduce the amount of bail | ||
or may alter the
conditions of the bail bond or grant bail | ||
where it has been previously
revoked or denied.
If bail has | ||
been previously revoked pursuant to subsection (f) of this
| ||
Section or if bail has been denied to the defendant pursuant to | ||
subsection
(e) of Section 110-6.1 or subsection (e) of Section | ||
110-6.3, the defendant
shall
be required to present a
verified | ||
application setting forth in detail any new facts not known or
| ||
obtainable at the time of the previous revocation or denial of | ||
bail
proceedings. If the court grants bail where it has been | ||
previously revoked
or denied, the court shall state on the | ||
record of the proceedings the
findings of facts and conclusion | ||
of law upon which such order is based.
| ||
(b) Violation of the conditions of Section
110-10 of this | ||
Code or any special conditions of bail as ordered by the
court | ||
shall constitute grounds for the court to increase
the amount | ||
of bail, or otherwise alter the conditions of bail, or, where
| ||
the alleged offense committed on bail is a forcible felony in | ||
Illinois or
a Class 2 or greater offense under the Illinois
| ||
Controlled Substances Act , the
or
Cannabis Control Act , or the | ||
Methamphetamine Control and Community Protection Act , revoke | ||
bail
pursuant to the appropriate provisions of subsection (e) | ||
of this
Section.
| ||
(c) Reasonable notice of such application by the defendant |
shall be
given to the State.
| ||
(d) Reasonable notice of such application by the State | ||
shall be
given to the defendant, except as provided in | ||
subsection (e).
| ||
(e) Upon verified application by the State stating facts or
| ||
circumstances constituting a violation or a threatened
| ||
violation of any of the
conditions of the bail bond the court | ||
may issue a warrant commanding any
peace officer to bring the | ||
defendant without unnecessary delay before
the court for a | ||
hearing on the matters set forth in the application. If
the | ||
actual court before which the proceeding is pending is absent | ||
or
otherwise unavailable another court may issue a warrant | ||
pursuant to this
Section. When the defendant is charged with a | ||
felony offense and while
free on bail is charged with a | ||
subsequent felony offense and is the subject
of a proceeding | ||
set forth in Section 109-1 or 109-3 of this Code, upon the
| ||
filing of a verified petition by the State alleging a violation | ||
of Section
110-10 (a) (4) of this Code, the court shall without | ||
prior notice to the
defendant, grant leave to file such | ||
application and shall order the
transfer of the defendant and | ||
the application without unnecessary delay to
the court before | ||
which the previous felony matter is pending for a hearing
as | ||
provided in subsection (b) or this subsection of this Section. | ||
The
defendant shall be held
without bond pending transfer to | ||
and a hearing before such court. At
the conclusion of the | ||
hearing based on a violation of the conditions of
Section | ||
110-10 of this Code or any special conditions of bail as | ||
ordered by
the court the court may enter an order
increasing | ||
the amount of bail or alter the conditions of bail as deemed
| ||
appropriate.
| ||
(f) Where the alleged violation consists of the violation | ||
of
one or more felony statutes of any jurisdiction which would | ||
be a
forcible felony in Illinois or a Class 2 or greater | ||
offense under the
Illinois Controlled Substances Act , the
or
| ||
Cannabis Control Act , or the Methamphetamine Control and | ||
Community Protection Act and the
defendant is on bail for the |
alleged
commission of a felony, or where the defendant is on | ||
bail for a felony
domestic battery (enhanced pursuant to | ||
subsection (b) of Section 12-3.2 of the
Criminal Code of 1961), | ||
aggravated
domestic battery, aggravated battery, unlawful | ||
restraint, aggravated unlawful
restraint or domestic battery | ||
in violation
of item (1) of subsection (a) of Section 12-3.2 of | ||
the Criminal Code of 1961
against a
family or household member | ||
as defined in Section 112A-3 of this Code and the
violation is | ||
an offense of domestic battery against
the same victim the | ||
court shall, on the motion of the State
or its own motion, | ||
revoke bail
in accordance with the following provisions:
| ||
(1) The court shall hold the defendant without bail | ||
pending
the hearing on the alleged breach; however, if the | ||
defendant
is not admitted to bail the
hearing shall be | ||
commenced within 10 days from the date the defendant is
| ||
taken into custody or the defendant may not be held any | ||
longer without
bail, unless delay is occasioned by the | ||
defendant. Where defendant
occasions the delay, the | ||
running of the 10 day period is temporarily
suspended and | ||
resumes at the termination of the period of delay. Where
| ||
defendant occasions the delay with 5 or fewer days | ||
remaining in the 10
day period, the court may grant a | ||
period of up to 5 additional days to
the State for good | ||
cause shown. The State, however, shall retain the
right to | ||
proceed to hearing on the alleged violation at any time, | ||
upon
reasonable notice to the defendant and the court.
| ||
(2) At a hearing on the alleged violation the State has | ||
the burden
of going forward and proving the violation by | ||
clear and convincing
evidence. The evidence shall be | ||
presented in open court with the
opportunity to testify, to | ||
present witnesses in his behalf, and to
cross-examine | ||
witnesses if any are called by the State, and | ||
representation
by counsel and
if the defendant is indigent | ||
to have counsel appointed for him. The
rules of evidence | ||
applicable in criminal trials in this State shall not
| ||
govern the admissibility of evidence at such hearing.
|
Information used by the court in its findings or stated in | ||
or offered in
connection with hearings for increase or | ||
revocation of bail may be by way
of proffer based upon | ||
reliable information offered by the State or
defendant. All | ||
evidence shall be admissible if it is relevant and reliable
| ||
regardless of whether it would be admissible under the | ||
rules of evidence
applicable at criminal trials. A motion | ||
by the defendant to suppress
evidence or to suppress a | ||
confession shall not be entertained at such a
hearing. | ||
Evidence that proof may have been obtained as a result of | ||
an
unlawful search and seizure or through improper | ||
interrogation is not
relevant to this hearing.
| ||
(3) Upon a finding by the court that the State has | ||
established by
clear and convincing evidence that the | ||
defendant has committed a
forcible felony or a Class 2 or | ||
greater offense under the Illinois Controlled
Substances | ||
Act , the
or Cannabis Control Act , or the Methamphetamine | ||
Control and Community Protection Act while admitted to | ||
bail, or where the
defendant is on bail for a felony | ||
domestic battery (enhanced pursuant to
subsection (b) of | ||
Section 12-3.2 of the Criminal Code of 1961), aggravated
| ||
domestic battery, aggravated battery, unlawful
restraint, | ||
aggravated unlawful restraint or domestic battery in | ||
violation of
item (1) of subsection (a) of Section 12-3.2 | ||
of the Criminal Code of 1961
against
a family or household | ||
member as defined in
Section 112A-3 of this Code and the | ||
violation is an offense of domestic
battery, against the | ||
same victim, the court
shall revoke the bail of
the | ||
defendant and hold the defendant for trial without bail. | ||
Neither the
finding of the court nor any transcript or | ||
other record of the hearing
shall be admissible in the | ||
State's case in chief, but shall be admissible
for | ||
impeachment, or as provided in Section 115-10.1 of this | ||
Code or in a
perjury proceeding.
| ||
(4) If the bail of any defendant is revoked pursuant to | ||
paragraph
(f) (3) of this Section, the defendant may demand |
and shall be entitled
to be brought to trial on the offense | ||
with respect to which he was
formerly released on bail | ||
within 90 days after the date on which his
bail was | ||
revoked. If the defendant is not brought to trial within | ||
the
90 day period required by the preceding sentence, he | ||
shall not be held
longer without bail. In computing the 90 | ||
day period, the court shall
omit any period of delay | ||
resulting from a continuance granted at the
request of the | ||
defendant.
| ||
(5) If the defendant either is arrested on a warrant | ||
issued pursuant
to this Code or is arrested for an | ||
unrelated offense and it is subsequently
discovered that | ||
the defendant is a subject of another warrant or warrants
| ||
issued pursuant to this Code, the defendant shall be | ||
transferred promptly
to the court which issued such | ||
warrant. If, however, the defendant appears
initially | ||
before a court other than the court which issued such | ||
warrant,
the non-issuing court shall not alter the amount | ||
of bail heretofore set on
such warrant unless the court | ||
sets forth on the record of proceedings the
conclusions of | ||
law and facts which are the basis for such altering of
| ||
another court's bond. The non-issuing court shall not alter | ||
another courts
bail set on a warrant unless the interests | ||
of justice and public safety are
served by such action.
| ||
(g) The State may appeal any order where the court has | ||
increased or reduced
the amount of bail or altered the | ||
conditions of the bail bond or granted
bail where it has | ||
previously been revoked.
| ||
(Source: P.A. 93-417, eff. 8-5-03.)
| ||
(725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
| ||
Sec. 110-6.1. Denial of bail in non-probationable felony | ||
offenses.
| ||
(a) Upon verified petition by the State, the court shall | ||
hold a hearing to
determine whether bail should be denied to a | ||
defendant who is charged with
a felony offense for which a |
sentence of imprisonment, without probation,
periodic | ||
imprisonment or conditional discharge, is required by law upon
| ||
conviction, when it is alleged that the defendant's admission | ||
to bail poses
a real and present threat to the physical safety | ||
of any person or persons.
| ||
(1) A petition may be filed without prior notice to the | ||
defendant at the
first appearance before a judge, or within | ||
the 21 calendar days, except as
provided in Section 110-6, | ||
after arrest and release of the defendant upon
reasonable | ||
notice to defendant; provided that while such petition is
| ||
pending before the court, the defendant if previously | ||
released shall not be
detained.
| ||
(2) The hearing shall be held immediately upon the | ||
defendant's appearance
before the court, unless for good | ||
cause shown the defendant or the State
seeks a continuance. | ||
A continuance on motion of the
defendant may not exceed 5 | ||
calendar days, and a continuance on the motion
of the State | ||
may not exceed 3 calendar days. The defendant may be held | ||
in
custody during such continuance.
| ||
(b) The court may deny bail to the defendant where, after | ||
the hearing, it
is determined that:
| ||
(1) the proof is evident or the presumption great that | ||
the defendant has
committed an offense for which a sentence | ||
of imprisonment, without
probation, periodic imprisonment | ||
or conditional discharge, must be imposed
by law as a | ||
consequence of conviction, and
| ||
(2) the defendant poses a real and present threat to | ||
the physical safety
of any person or persons, by conduct | ||
which may include, but is not limited
to, a forcible | ||
felony, the obstruction of justice,
intimidation, injury, | ||
physical harm, or an offense under the Illinois
Controlled | ||
Substances Act which is a Class X felony, or an offense | ||
under the Methamphetamine Control and Community Protection | ||
Act which is a Class X felony, and
| ||
(3) the court finds that no condition or combination of | ||
conditions set
forth in subsection (b) of Section 110-10 of |
this Article,
can reasonably assure the physical safety of | ||
any other person or persons.
| ||
(c) Conduct of the hearings.
| ||
(1) The hearing on the defendant's culpability and | ||
dangerousness shall be
conducted in accordance with the | ||
following provisions:
| ||
(A) Information used by the court in its findings | ||
or stated in or
offered at such hearing may be by way | ||
of proffer based upon reliable
information offered by | ||
the State or by defendant. Defendant has the right to
| ||
be represented by counsel, and if he is indigent, to | ||
have counsel appointed
for him. Defendant shall have | ||
the opportunity to testify, to present
witnesses in his | ||
own behalf, and to cross-examine witnesses if any are
| ||
called by the State. The defendant has the right to | ||
present witnesses in
his favor. When the ends of | ||
justice so require, the court may exercises
its | ||
discretion and compel the appearance of a complaining
| ||
witness. The court shall state on the record reasons | ||
for granting a
defense request to compel the presence | ||
of a complaining witness.
Cross-examination of a | ||
complaining witness at the pretrial detention hearing
| ||
for the purpose of impeaching the witness' credibility | ||
is insufficient reason
to compel the presence of the | ||
witness. In deciding whether to compel the
appearance | ||
of a complaining witness, the court shall be | ||
considerate of the
emotional and physical well-being | ||
of the witness. The pre-trial detention
hearing is not | ||
to be used for purposes of discovery, and the post
| ||
arraignment rules of discovery do not apply. The State | ||
shall tender to the
defendant, prior to the hearing, | ||
copies of defendant's criminal history, if
any, if | ||
available, and any written or recorded statements and | ||
the substance
of any oral statements made by any | ||
person, if relied upon by the State in
its petition. | ||
The rules concerning the admissibility of evidence in
|
criminal trials do not apply to the presentation and | ||
consideration of
information at the hearing. At the | ||
trial concerning the offense for which
the hearing was | ||
conducted neither the finding of the court nor any
| ||
transcript or other record of the hearing shall be | ||
admissible in the
State's case in chief, but shall be | ||
admissible for impeachment, or as
provided in Section | ||
115-10.1 of this Code, or in a perjury proceeding.
| ||
(B) A motion by the defendant to suppress evidence | ||
or to suppress a
confession shall not be entertained. | ||
Evidence that proof may have been
obtained as the | ||
result of an unlawful search and seizure or through
| ||
improper interrogation is not relevant to this state of | ||
the prosecution.
| ||
(2) The facts relied upon by the court to support a | ||
finding that the
defendant poses a real and present threat | ||
to the physical safety of any
person or persons shall be | ||
supported by clear and convincing evidence
presented by the | ||
State.
| ||
(d) Factors to be considered in making a determination of | ||
dangerousness.
The court may, in determining whether the | ||
defendant poses a real and
present threat to the physical | ||
safety of any person or persons, consider but
shall not be | ||
limited to evidence or testimony concerning:
| ||
(1) The nature and circumstances of any offense | ||
charged, including
whether the offense is a crime of | ||
violence, involving a weapon.
| ||
(2) The history and characteristics of the defendant | ||
including:
| ||
(A) Any evidence of the defendant's prior criminal | ||
history indicative of
violent, abusive or assaultive | ||
behavior, or lack of such behavior. Such
evidence may | ||
include testimony or documents received in juvenile
| ||
proceedings, criminal, quasi-criminal, civil | ||
commitment, domestic relations
or other proceedings.
| ||
(B) Any evidence of the defendant's psychological, |
psychiatric or other
similar social history which | ||
tends to indicate a violent, abusive, or
assaultive | ||
nature, or lack of any such history.
| ||
(3) The identity of any person or persons to whose | ||
safety the defendant
is believed to pose a threat, and the | ||
nature of the threat;
| ||
(4) Any statements made by, or attributed to the | ||
defendant, together with
the circumstances surrounding | ||
them;
| ||
(5) The age and physical condition of any person | ||
assaulted
by the defendant;
| ||
(6) Whether the defendant is known to possess or have | ||
access to any
weapon or weapons;
| ||
(7) Whether, at the time of the current offense or any | ||
other offense or
arrest, the defendant was on probation, | ||
parole, mandatory supervised
release or other release from | ||
custody pending trial, sentencing, appeal or
completion of | ||
sentence for an offense under federal or state law;
| ||
(8) Any other factors, including those listed in | ||
Section 110-5 of this
Article deemed by the court to have a | ||
reasonable bearing upon the
defendant's propensity or | ||
reputation for violent, abusive or assaultive
behavior, or | ||
lack of such behavior.
| ||
(e) Detention order. The court shall, in any order for | ||
detention:
| ||
(1) briefly summarize the evidence of the defendant's | ||
culpability and its
reasons for concluding that the | ||
defendant should be held without bail;
| ||
(2) direct that the defendant be committed to the | ||
custody of the sheriff
for confinement in the county jail | ||
pending trial;
| ||
(3) direct that the defendant be given a reasonable | ||
opportunity for
private consultation with counsel, and for | ||
communication with others of his
choice by visitation, mail | ||
and telephone; and
| ||
(4) direct that the sheriff deliver the defendant as |
required for
appearances in connection with court | ||
proceedings.
| ||
(f) If the court enters an order for the detention of the | ||
defendant
pursuant to subsection (e) of this Section, the | ||
defendant
shall be brought to trial on the offense for which he | ||
is
detained within 90 days after the date on which the order | ||
for detention was
entered. If the defendant is not brought to | ||
trial within the 90 day period
required by the preceding | ||
sentence, he shall not be held longer without
bail. In | ||
computing the 90 day period, the court shall omit any period of
| ||
delay resulting from a continuance granted at the request of | ||
the defendant.
| ||
(g) Rights of the defendant. Any person shall be entitled | ||
to appeal any
order entered under this Section denying bail to | ||
the defendant.
| ||
(h) The State may appeal any order entered under this | ||
Section denying any
motion for denial of bail.
| ||
(i) Nothing in this Section shall be construed as modifying | ||
or limiting
in any way the defendant's presumption of innocence | ||
in further criminal
proceedings.
| ||
(Source: P.A. 85-1209 .)
| ||
(725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
| ||
Sec. 110-7. Deposit of Bail Security.
| ||
(a) The person for whom bail has been set shall execute the | ||
bail bond and
deposit with the clerk of the court before which | ||
the proceeding is pending a
sum of money equal to 10% of the | ||
bail, but in no event shall such deposit be
less than $25. The | ||
clerk of the court shall provide a space on each form for a
| ||
person other than the accused who has provided the money for | ||
the posting of
bail to so indicate and a space signed by an
| ||
accused who has executed the bail bond indicating whether a | ||
person other
than the accused has provided the money for the | ||
posting of bail. The form
shall also include a written notice | ||
to such person who has provided
the defendant with the money | ||
for the posting of bail indicating that the bail
may be used to |
pay costs, attorney's fees, fines, or other purposes authorized
| ||
by the court and if the
defendant fails to comply with the | ||
conditions of the bail bond, the court
shall enter an order | ||
declaring the bail to be forfeited. The written notice
must be: | ||
(1) distinguishable from the surrounding text; (2) in bold type | ||
or
underscored; and (3) in a type size at least 2 points larger | ||
than the
surrounding type. When a person for whom
bail has been | ||
set is charged with an offense under the " Illinois Controlled
| ||
Substances Act or the Methamphetamine Control and Community | ||
Protection Act " which is a Class X felony, the court may | ||
require the
defendant to deposit a sum equal to 100% of the | ||
bail.
Where any person is charged with a forcible felony while | ||
free on bail and
is the subject of proceedings under Section | ||
109-3 of this Code the judge
conducting the preliminary | ||
examination may also conduct a hearing upon the
application of | ||
the State pursuant to the provisions of Section 110-6 of this
| ||
Code to increase or revoke the bail for that person's prior | ||
alleged offense.
| ||
(b) Upon depositing this sum and any bond fee authorized by | ||
law, the person
shall be released
from custody subject to the | ||
conditions of the bail bond.
| ||
(c) Once bail has been given and a charge is pending or
is | ||
thereafter filed in or transferred to a court of competent
| ||
jurisdiction the latter court shall continue the original bail
| ||
in that court subject to the provisions of Section 110-6 of | ||
this Code.
| ||
(d) After conviction the court may order that the original
| ||
bail stand as bail pending appeal or deny, increase or reduce | ||
bail
subject to the provisions of Section 110-6.2.
| ||
(e) After the entry of an order by the trial court allowing
| ||
or denying bail pending appeal either party may apply to the
| ||
reviewing court having jurisdiction or to a justice thereof
| ||
sitting in vacation for an order increasing or decreasing the
| ||
amount of bail or allowing or denying bail pending appeal | ||
subject to the
provisions of Section 110-6.2.
| ||
(f) When the conditions of the bail bond have been |
performed
and the accused has been discharged from all | ||
obligations in the
cause the clerk of the court shall return to | ||
the accused or to the
defendant's designee by an assignment | ||
executed at the time the bail amount
is deposited, unless
the | ||
court orders otherwise, 90% of the sum which had been
deposited | ||
and shall retain as bail bond costs 10% of the amount
| ||
deposited. However, in no event shall the amount retained by | ||
the
clerk as bail bond costs be less than $5. Bail bond | ||
deposited by or on
behalf of a defendant in one case may be | ||
used, in the court's discretion,
to satisfy financial | ||
obligations of that same defendant incurred in a
different case | ||
due to a fine, court costs,
restitution or fees of the | ||
defendant's attorney of record. In counties with
a population | ||
of 3,000,000 or more, the court shall
not order bail bond | ||
deposited by or on behalf of a defendant in one case to
be used | ||
to satisfy financial obligations of that same defendant in a
| ||
different case until the bail bond is first used to satisfy | ||
court costs and
attorney's fees in
the case in which the bail | ||
bond has been deposited and any other unpaid child
support | ||
obligations are satisfied. In counties with a population of | ||
less than 3,000,000, the court shall
not order bail bond | ||
deposited by or on behalf of a defendant in one case to
be used | ||
to satisfy financial obligations of that same defendant in a
| ||
different case until the bail bond is first used to satisfy | ||
court costs
in
the case in which the bail bond has been | ||
deposited.
| ||
At the request of the defendant the court may order such | ||
90% of
defendant's bail deposit, or whatever amount is | ||
repayable to defendant
from such deposit, to be paid to | ||
defendant's attorney of record.
| ||
(g) If the accused does not comply with the conditions of
| ||
the bail bond the court having jurisdiction shall enter an
| ||
order declaring the bail to be forfeited. Notice of such order
| ||
of forfeiture shall be mailed forthwith to the accused at his
| ||
last known address. If the accused does not appear and | ||
surrender
to the court having jurisdiction within 30 days from |
the date of
the forfeiture or within such period satisfy the | ||
court
that appearance and surrender by the accused is | ||
impossible
and without his fault the court shall enter judgment | ||
for the State if the
charge for which the bond was given was a | ||
felony
or misdemeanor, or if the charge was quasi-criminal or | ||
traffic,
judgment for the political subdivision of the State | ||
which
prosecuted the case, against the accused for the amount | ||
of
the bail and costs of the court proceedings; however,
in | ||
counties with a population of less than 3,000,000, instead of | ||
the court
entering a judgment for the full amount
of the bond | ||
the court may, in its discretion, enter judgment for the cash
| ||
deposit on the bond, less costs, retain the deposit for further | ||
disposition or,
if a cash bond was posted for failure to appear | ||
in a matter involving
enforcement of child support or | ||
maintenance, the amount of the cash deposit on
the bond, less | ||
outstanding costs, may be awarded to the person or entity to
| ||
whom the child support or maintenance is due. The deposit
made | ||
in accordance with paragraph (a) shall be applied to
the | ||
payment of costs. If judgment is entered and any amount of such
| ||
deposit remains
after the payment of costs it shall be applied | ||
to payment of
the judgment and transferred to the treasury of | ||
the municipal
corporation wherein the bond was taken if the | ||
offense was a
violation of any penal ordinance of a political | ||
subdivision
of this State, or to the treasury of the county | ||
wherein the
bond was taken if the offense was a violation of | ||
any penal
statute of this State. The balance of the judgment | ||
may be
enforced and collected in the same manner as a judgment | ||
entered
in a civil action.
| ||
(h) After a judgment for a fine and court costs or either | ||
is
entered in the prosecution of a cause in which a deposit had
| ||
been made in accordance with paragraph (a) the balance of such
| ||
deposit, after deduction of bail bond costs, shall be applied
| ||
to the payment of the judgment.
| ||
(Source: P.A. 92-16, eff. 6-28-01; 93-371, eff. 1-1-04; 93-760, | ||
eff. 1-1-05.)
|
(725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
| ||
Sec. 110-10. Conditions of bail bond.
| ||
(a) If a person is released prior to conviction, either | ||
upon payment of
bail security or on his or her own | ||
recognizance, the conditions of the bail
bond shall be that he | ||
or she will:
| ||
(1) Appear to answer the charge in the court having | ||
jurisdiction on
a day certain and thereafter as ordered by | ||
the court until discharged or
final order of the court;
| ||
(2) Submit himself or herself to the orders and process | ||
of the court;
| ||
(3) Not depart this State without leave of the court;
| ||
(4) Not violate any criminal statute of any | ||
jurisdiction;
| ||
(5) At a time and place designated by the court, | ||
surrender all firearms
in his or her possession to a law | ||
enforcement officer designated by the court
to take custody | ||
of and impound the firearms
and physically
surrender his or | ||
her Firearm Owner's Identification Card to the clerk of the
| ||
circuit court
when the offense the person has
been charged | ||
with is a forcible felony, stalking, aggravated stalking, | ||
domestic
battery, any violation of either the Illinois | ||
Controlled Substances Act , the Methamphetamine Control and | ||
Community Protection Act, or the
Cannabis Control Act that | ||
is classified as a Class 2 or greater felony, or any
felony | ||
violation of Article 24 of the Criminal Code of 1961; the | ||
court
may,
however, forgo the imposition of this condition | ||
when the
circumstances of the
case clearly do not warrant | ||
it or when its imposition would be
impractical;
all legally | ||
possessed firearms shall be returned to the person upon | ||
that person
completing a sentence for a conviction on a | ||
misdemeanor domestic battery, upon
the charges being | ||
dismissed, or if the person is found not guilty, unless the
| ||
finding of not guilty is by reason of insanity; and
| ||
(6) At a time and place designated by the court, submit | ||
to a
psychological
evaluation when the person has been |
charged with a violation of item (4) of
subsection
(a) of | ||
Section 24-1 of the Criminal Code of 1961 and that | ||
violation occurred in
a school
or in any conveyance owned, | ||
leased, or contracted by a school to transport
students to | ||
or
from school or a school-related activity, or on any | ||
public way within 1,000
feet of real
property comprising | ||
any school.
| ||
Psychological evaluations ordered pursuant to this Section | ||
shall be completed
promptly
and made available to the State, | ||
the defendant, and the court. As a further
condition of bail | ||
under
these circumstances, the court shall order the defendant | ||
to refrain from
entering upon the
property of the school, | ||
including any conveyance owned, leased, or contracted
by a | ||
school to
transport students to or from school or a | ||
school-related activity, or on any public way within
1,000 feet | ||
of real property comprising any school. Upon receipt of the | ||
psychological evaluation,
either the State or the defendant may | ||
request a change in the conditions of bail, pursuant to
Section | ||
110-6 of this Code. The court may change the conditions of bail | ||
to include a
requirement that the defendant follow the | ||
recommendations of the psychological evaluation,
including | ||
undergoing psychiatric treatment. The conclusions of the
| ||
psychological evaluation and
any statements elicited from the | ||
defendant during its administration are not
admissible as | ||
evidence
of guilt during the course of any trial on the charged | ||
offense, unless the
defendant places his or her
mental | ||
competency in issue.
| ||
(b) The court may impose other conditions, such as the | ||
following, if the
court finds that such conditions are | ||
reasonably necessary to assure the
defendant's appearance in | ||
court, protect the public from the defendant, or
prevent the | ||
defendant's unlawful interference with the orderly | ||
administration
of justice:
| ||
(1) Report to or appear in person before such person or | ||
agency as the
court may direct;
| ||
(2) Refrain from possessing a firearm or other |
dangerous weapon;
| ||
(3) Refrain from approaching or communicating with | ||
particular persons or
classes of persons;
| ||
(4) Refrain from going to certain described | ||
geographical areas or
premises;
| ||
(5) Refrain from engaging in certain activities or | ||
indulging in
intoxicating liquors or in certain drugs;
| ||
(6) Undergo treatment for drug addiction or | ||
alcoholism;
| ||
(7) Undergo medical or psychiatric treatment;
| ||
(8) Work or pursue a course of study or vocational | ||
training;
| ||
(9) Attend or reside in a facility designated by the | ||
court;
| ||
(10) Support his or her dependents;
| ||
(11) If a minor resides with his or her parents or in a | ||
foster home,
attend school, attend a non-residential | ||
program for youths, and contribute
to his or her own | ||
support at home or in a foster home;
| ||
(12) Observe any curfew ordered by the court;
| ||
(13) Remain in the custody of such designated person or | ||
organization
agreeing to supervise his release. Such third | ||
party custodian shall be
responsible for notifying the | ||
court if the defendant fails to observe the
conditions of | ||
release which the custodian has agreed to monitor, and | ||
shall
be subject to contempt of court for failure so to | ||
notify the court;
| ||
(14) Be placed under direct supervision of the Pretrial | ||
Services
Agency, Probation Department or Court Services | ||
Department in a pretrial
bond home supervision capacity | ||
with or without the use of an approved
electronic | ||
monitoring device subject to Article 8A of Chapter V of the
| ||
Unified Code of Corrections;
| ||
(14.1) The court shall impose upon a defendant who is | ||
charged with any
alcohol, cannabis , methamphetamine, or | ||
controlled substance violation and is placed under
direct |
supervision of the Pretrial Services Agency, Probation | ||
Department or
Court Services Department in a pretrial bond | ||
home supervision capacity with
the use of an approved | ||
monitoring device, as a condition of such bail bond,
a fee | ||
that represents costs incidental to the electronic | ||
monitoring for each
day of such bail supervision ordered by | ||
the
court, unless after determining the inability of the | ||
defendant to pay the
fee, the court assesses a lesser fee | ||
or no fee as the case may be. The fee
shall be collected by | ||
the clerk of the circuit court. The clerk of the
circuit | ||
court shall pay all monies collected from this fee to the | ||
county
treasurer for deposit in the substance abuse | ||
services fund under Section
5-1086.1 of the Counties Code;
| ||
(14.2) The court shall impose upon all defendants, | ||
including those
defendants subject to paragraph (14.1) | ||
above, placed under direct supervision
of the Pretrial | ||
Services Agency, Probation Department or Court Services
| ||
Department in a pretrial bond home supervision capacity | ||
with the use of an
approved monitoring device, as a | ||
condition of such bail bond, a fee
which shall represent | ||
costs incidental to such
electronic monitoring for each day | ||
of such bail supervision ordered by the
court, unless after | ||
determining the inability of the defendant to pay the fee,
| ||
the court assesses a lesser fee or no fee as the case may | ||
be. The fee shall be
collected by the clerk of the circuit | ||
court. The clerk of the circuit court
shall pay all monies | ||
collected from this fee to the county treasurer who shall
| ||
use the monies collected to defray the costs of | ||
corrections. The county
treasurer shall deposit the fee | ||
collected in the county working cash fund under
Section | ||
6-27001 or Section 6-29002 of the Counties Code, as the | ||
case may
be;
| ||
(14.3) The Chief Judge of the Judicial Circuit may | ||
establish reasonable
fees to be paid by a person receiving | ||
pretrial services while under supervision
of a pretrial | ||
services agency, probation department, or court services
|
department. Reasonable fees may be charged for pretrial | ||
services
including, but not limited to, pretrial | ||
supervision, diversion programs,
electronic monitoring, | ||
victim impact services, drug and alcohol testing, and
| ||
victim mediation services. The person receiving pretrial | ||
services may be
ordered to pay all costs incidental to | ||
pretrial services in accordance with his
or her ability to | ||
pay those costs;
| ||
(14.4) For persons charged with violating Section | ||
11-501 of the Illinois
Vehicle Code, refrain from operating | ||
a motor vehicle not equipped with an
ignition interlock | ||
device, as defined in Section 1-129.1 of the Illinois
| ||
Vehicle Code,
pursuant to the rules promulgated by the | ||
Secretary of State for the
installation of ignition
| ||
interlock devices. Under this condition the court may allow | ||
a defendant who is
not
self-employed to operate a vehicle | ||
owned by the defendant's employer that is
not equipped with | ||
an ignition interlock device in the course and scope of the
| ||
defendant's employment;
| ||
(15) Comply with the terms and conditions of an order | ||
of protection
issued by the court under the Illinois | ||
Domestic Violence Act of 1986 or an
order of protection | ||
issued by the court of another state, tribe, or United
| ||
States territory;
| ||
(16) Under Section 110-6.5 comply with the conditions | ||
of the drug testing
program; and
| ||
(17) Such other reasonable conditions as the court may | ||
impose.
| ||
(c) When a person is charged with an offense under Section | ||
12-13, 12-14,
12-14.1,
12-15 or 12-16 of the "Criminal Code of | ||
1961", involving a victim who is a
minor under 18 years of age | ||
living in the same household with the defendant
at the time of | ||
the offense, in granting bail or releasing the defendant on
his | ||
own recognizance, the judge shall impose conditions to restrict | ||
the
defendant's access to the victim which may include, but are | ||
not limited to
conditions that he will:
|
1. Vacate the Household.
| ||
2. Make payment of temporary support to his dependents.
| ||
3. Refrain from contact or communication with the child | ||
victim, except
as ordered by the court.
| ||
(d) When a person is charged with a criminal offense and | ||
the victim is
a family or household member as defined in | ||
Article 112A, conditions shall
be imposed at the time of the | ||
defendant's release on bond that restrict the
defendant's | ||
access to the victim.
Unless provided otherwise by the court, | ||
the
restrictions shall include
requirements that the defendant | ||
do the following:
| ||
(1) refrain from contact or communication with the | ||
victim for a
minimum period of 72 hours following the | ||
defendant's release; and
| ||
(2) refrain from entering or remaining at the victim's | ||
residence for a
minimum period of 72 hours following the | ||
defendant's release.
| ||
(e) Local law enforcement agencies shall develop | ||
standardized bond forms
for use in cases involving family or | ||
household members as defined in
Article 112A, including | ||
specific conditions of bond as provided in
subsection (d). | ||
Failure of any law enforcement department to develop or use
| ||
those forms shall in no way limit the applicability and | ||
enforcement of
subsections (d) and (f).
| ||
(f) If the defendant is admitted to bail after conviction | ||
the
conditions of the bail bond shall be that he will, in | ||
addition to the
conditions set forth in subsections (a) and (b) | ||
hereof:
| ||
(1) Duly prosecute his appeal;
| ||
(2) Appear at such time and place as the court may | ||
direct;
| ||
(3) Not depart this State without leave of the court;
| ||
(4) Comply with such other reasonable conditions as the | ||
court may
impose; and
| ||
(5) If the judgment is affirmed or the cause reversed | ||
and remanded
for a new trial, forthwith surrender to the |
officer from whose custody
he was bailed.
| ||
(g) Upon a finding of guilty for any felony offense, the | ||
defendant shall
physically surrender, at a time and place | ||
designated by the court,
any and all firearms in his or her | ||
possession and his or her Firearm Owner's
Identification Card | ||
as a condition of remaining on bond pending sentencing.
| ||
(Source: P.A. 92-329, eff. 8-9-01; 92-442, eff. 8-17-01; | ||
92-651, eff.
7-11-02; 93-184, eff. 1-1-04.)
| ||
(725 ILCS 5/115-10.5)
| ||
Sec. 115-10.5. Hearsay exception regarding safe zone | ||
testimony.
| ||
(a) In any prosecution for any offense charged as a | ||
violation of Section
407 of the Illinois Controlled Substances | ||
Act , Section 55 of the Methamphetamine Control and Community | ||
Protection Act, or Section 5-130 of the Juvenile
Court Act of | ||
1987 the following evidence shall be admitted as an exception | ||
to
the hearsay rule any testimony by any qualified individual | ||
regarding the status
of any property as:
| ||
(1) a truck stop or safety rest area, or
| ||
(2) a school or conveyance owned, leased or contracted | ||
by a school to
transport students to or from school, or
| ||
(3) residential property owned, operated, and managed | ||
by a public housing
agency, or
| ||
(4) a public park, or
| ||
(5) the real property comprising any church, | ||
synagogue, or other building,
structure, or place used | ||
primarily for religious worship, or
| ||
(6) the real property comprising any of the following | ||
places, buildings,
or structures used primarily for | ||
housing or providing space for activities for
senior | ||
citizens: nursing homes, assisted-living centers, senior | ||
citizen housing
complexes, or senior centers oriented | ||
toward daytime activities.
| ||
(b) As used in this Section, "qualified individual" means | ||
any person who
(i) lived or worked within the territorial |
jurisdiction where the offense took
place when the offense took | ||
place; and (ii) is familiar with various public
places within | ||
the territorial jurisdiction where the offense took place when
| ||
the offense took place.
| ||
(c) For the purposes of this Section, "qualified | ||
individual" includes any
peace officer, or any member of any | ||
duly organized State, county, or municipal
peace unit, assigned | ||
to the territorial jurisdiction where the offense took
place | ||
when the offense took place.
| ||
(d) This Section applies to all prosecutions pending at the | ||
time this
amendatory Act of the 91st General Assembly takes | ||
effect and to all
prosecutions commencing on or after its | ||
effective date.
| ||
(Source: P.A. 91-899, eff. 1-1-01.)
| ||
(725 ILCS 5/115-15)
| ||
Sec. 115-15. Laboratory reports.
| ||
(a) In any criminal prosecution for a violation of either
| ||
the Cannabis
Control Act ,
or the Illinois Controlled Substances | ||
Act , or the Methamphetamine Control and Community Protection | ||
Act , a laboratory report
from the Department of State Police, | ||
Division of Forensic Services, that is
signed and sworn to by | ||
the person performing an
analysis and that states (1) that the | ||
substance that is the basis of the
alleged
violation
has been | ||
weighed and analyzed, and (2) the person's findings as to the
| ||
contents, weight and identity of the substance, and (3) that it | ||
contains any
amount of a controlled substance or cannabis is | ||
prima facie evidence of the
contents, identity and weight of | ||
the substance. Attached to the report
shall be a copy of a | ||
notarized statement by the signer of the report giving
the name | ||
of the signer and stating (i) that he or she is an employee of | ||
the
Department of State Police, Division of Forensic Services,
| ||
(ii) the name and location of the laboratory where the analysis | ||
was
performed, (iii) that performing the analysis is a part of | ||
his or her regular
duties, and (iv) that the signer is | ||
qualified by education, training and
experience to perform the |
analysis. The signer shall also allege that
scientifically | ||
accepted tests were performed with due caution and that the
| ||
evidence was handled in accordance with established and | ||
accepted procedures
while in the custody of the laboratory.
| ||
(a-5) In any criminal prosecution for reckless homicide | ||
under Section 9-3
of the
Criminal Code of
1961 or driving under | ||
the influence of alcohol, other drug, or combination of
both, | ||
in
violation of Section
11-501 of the Illinois Vehicle Code or | ||
in any civil action held under a
statutory summary
suspension | ||
hearing under Section 2-118.1 of the Illinois Vehicle Code, a
| ||
laboratory report from the
Department of State Police, Division | ||
of Forensic Services, that is signed and
sworn to by the person
| ||
performing an analysis, and that states
that the sample of | ||
blood or urine was tested for alcohol or
drugs, and
contains | ||
the person's findings as to the presence and amount
of
alcohol | ||
or
drugs and type of drug is prima facie evidence of
the | ||
presence, content, and amount of the alcohol or drugs analyzed | ||
in
the blood or urine. Attached to the report must be a copy of | ||
a notarized
statement by the
signer of the report giving the | ||
name of the signer and stating (1) that he or
she is an | ||
employee
of the Department of State Police, Division of | ||
Forensic Services, (2) the name
and location
of the laboratory | ||
where the analysis was performed, (3) that performing the
| ||
analysis is a part
of his or her regular duties, (4) that the | ||
signer is qualified by
education, training, and
experience to | ||
perform the analysis, and (5) that
scientifically accepted
| ||
tests were performed with due caution and that the evidence was | ||
handled in
accordance with
established and accepted procedures | ||
while in the custody of the laboratory.
| ||
(b) The State's Attorney shall serve a copy of the report | ||
on the
attorney of record for the accused, or on the accused if | ||
he or she has no
attorney, before any proceeding in which the | ||
report is to be used against
the accused other than at a | ||
preliminary hearing or grand jury hearing when
the report may | ||
be used without having been previously served upon the accused.
| ||
(c) The report shall not be prima facie evidence if the
|
accused or his or her attorney
demands the testimony of the | ||
person signing the report by serving the
demand upon the | ||
State's Attorney within 7 days from the accused or his or her
| ||
attorney's receipt of the report.
| ||
(Source: P.A. 90-130, eff. 1-1-98; 91-563, eff. 1-1-00.)
| ||
Section 1085. The Drug Asset Forfeiture Procedure Act is | ||
amended by changing Sections 2, 3, 5, 6, 7, and 9 as follows:
| ||
(725 ILCS 150/2) (from Ch. 56 1/2, par. 1672)
| ||
Sec. 2. Legislative Declaration. The General Assembly | ||
finds that the
civil forfeiture of property which is used or | ||
intended to be used in, is
attributable to or facilitates the | ||
manufacture, sale, transportation,
distribution, possession or | ||
use of substances in certain violations of the
Illinois | ||
Controlled Substances Act ,
or the Cannabis Control Act, or the | ||
Methamphetamine Control and Community Protection Act
will have | ||
a significant beneficial effect in deterring the rising
| ||
incidence of the abuse and trafficking of such substances | ||
within this
State. While forfeiture may secure for State and | ||
local units of government
some resources for deterring drug | ||
abuse and drug trafficking, forfeiture is
not intended to be an | ||
alternative means of funding the administration of
criminal | ||
justice. The General Assembly further finds that the federal
| ||
narcotics civil forfeiture statute upon which this Act is based | ||
has been
very successful in deterring the use and distribution | ||
of controlled
substances within this State and throughout the | ||
country. It is therefore
the intent of the General Assembly | ||
that the forfeiture provisions of this
Act be construed in | ||
light of the federal forfeiture provisions contained in
21 | ||
U.S.C. 881 as interpreted by the federal courts, except to the | ||
extent
that the provisions of this Act expressly differ | ||
therefrom.
| ||
(Source: P.A. 86-1382; 87-614.)
| ||
(725 ILCS 150/3) (from Ch. 56 1/2, par. 1673)
|
Sec. 3. Applicability. The provisions of this Act are | ||
applicable to
all property forfeitable under the Illinois | ||
Controlled Substances Act ,
or the
Cannabis Control Act , or the | ||
Methamphetamine Control and Community Protection Act .
| ||
(Source: P.A. 86-1382.)
| ||
(725 ILCS 150/5) (from Ch. 56 1/2, par. 1675)
| ||
Sec. 5. Notice to State's Attorney. The law enforcement | ||
agency
seizing property for forfeiture under the Illinois | ||
Controlled
Substances Act ,
or the Cannabis Control Act , or the | ||
Methamphetamine Control and Community Protection Act shall,
| ||
within 52 days of seizure, notify the State's Attorney for the | ||
county in
which an act or omission giving rise to the | ||
forfeiture occurred or in which
the property was seized of the | ||
seizure of the property and the facts and
circumstances giving | ||
rise to the seizure and shall provide the State's
Attorney with | ||
the inventory of the property and its estimated value. When
the | ||
property seized for forfeiture is a vehicle, the law | ||
enforcement agency
seizing the property shall immediately | ||
notify the Secretary of State that
forfeiture proceedings are | ||
pending regarding such vehicle.
| ||
(Source: P.A. 86-1382.)
| ||
(725 ILCS 150/6) (from Ch. 56 1/2, par. 1676)
| ||
Sec. 6. Non-Judicial Forfeiture. If non-real property that | ||
exceeds
$20,000 in value excluding the value of any conveyance, | ||
or if real property
is seized under the provisions of the | ||
Illinois Controlled Substances Act ,
or
the Cannabis Control | ||
Act , or the Methamphetamine Control and Community Protection | ||
Act , the State's Attorney shall institute judicial in
rem | ||
forfeiture proceedings as described in Section 9 of this Act | ||
within 45
days from receipt of notice of seizure from the | ||
seizing agency under
Section 5 of this Act. However, if | ||
non-real property that does not exceed
$20,000 in value | ||
excluding the value of any conveyance is seized, the
following | ||
procedure shall be used:
|
(A) If, after review of the facts surrounding the seizure, | ||
the State's
Attorney is of the opinion that the seized property | ||
is subject to
forfeiture, then within 45 days of the receipt of | ||
notice of seizure from the
seizing agency, the State's Attorney | ||
shall cause notice of pending
forfeiture to be given to the | ||
owner of the property and all known interest
holders of the | ||
property in accordance with Section 4 of this Act.
| ||
(B) The notice of pending forfeiture must include a | ||
description of the
property, the estimated value of the | ||
property, the date and place of
seizure, the conduct giving | ||
rise to forfeiture or the violation of law
alleged, and a | ||
summary of procedures and procedural rights applicable to
the | ||
forfeiture action.
| ||
(C) (1) Any person claiming an interest in property which | ||
is the
subject of notice under subsection (A) of Section 6 | ||
of this Act, may,
within 45 days after the effective date | ||
of notice as described in Section 4
of this Act, file a | ||
verified claim with the State's Attorney expressing his
or | ||
her interest in the property. The claim must set forth:
| ||
(i) the caption of the proceedings as set forth on | ||
the notice of
pending forfeiture and the name of the | ||
claimant;
| ||
(ii) the address at which the claimant will accept | ||
mail;
| ||
(iii) the nature and extent of the claimant's | ||
interest in the property;
| ||
(iv) the date, identity of the transferor, and | ||
circumstances of the
claimant's acquisition of the | ||
interest in the property;
| ||
(v) the name and address of all other persons known | ||
to have an
interest in the property;
| ||
(vi) the specific provision of law relied on in | ||
asserting the property
is not subject to forfeiture;
| ||
(vii) all essential facts supporting each | ||
assertion; and
| ||
(viii) the relief sought.
|
(2) If a claimant files the claim and deposits with the | ||
State's Attorney
a cost bond, in the form of a cashier's | ||
check payable to the clerk of the
court, in the sum of 10 | ||
percent of the reasonable value of the property as
alleged | ||
by the State's Attorney or the sum of $100, whichever is | ||
greater,
upon condition that, in the case of forfeiture, | ||
the claimant must pay all
costs and expenses of forfeiture | ||
proceedings, then the State's Attorney
shall institute | ||
judicial in rem forfeiture proceedings and deposit the cost
| ||
bond with the clerk of the court as described in Section 9 | ||
of this Act
within 45 days after receipt of the claim and | ||
cost bond. In lieu of a cost
bond, a person claiming | ||
interest in the seized property may file, under
penalty of | ||
perjury, an indigency affidavit.
| ||
(3) If none of the seized property is forfeited in the | ||
judicial in rem
proceeding, the clerk of the court shall | ||
return to the claimant, unless the
court orders otherwise, | ||
90% of the sum which has been deposited and shall
retain as | ||
costs 10% of the money deposited. If any of the seized | ||
property
is forfeited under the judicial forfeiture | ||
proceeding, the clerk of
the court shall transfer 90% of | ||
the sum which has been deposited to the
State's Attorney | ||
prosecuting the civil forfeiture to be applied to the
costs | ||
of prosecution and the clerk shall retain as costs 10% of | ||
the sum
deposited.
| ||
(D) If no claim is filed or bond given within the 45 day | ||
period as
described in subsection (C) of Section 6 of this Act, | ||
the State's Attorney
shall declare the property forfeited and | ||
shall promptly notify the
owner and all known interest holders | ||
of the property and the Director of the
Illinois Department of | ||
State Police of the declaration of forfeiture and
the Director | ||
shall dispose of the property in accordance with law.
| ||
(Source: P.A. 86-1382; 87-614.)
| ||
(725 ILCS 150/7) (from Ch. 56 1/2, par. 1677)
| ||
Sec. 7. Presumptions. The following situations shall give |
rise to a
presumption that the property described therein was | ||
furnished or intended
to be furnished in exchange for a | ||
substance in violation of the Illinois
Controlled Substances | ||
Act ,
or the Cannabis Control Act , or the Methamphetamine | ||
Control and Community Protection Act , or is the proceeds
of | ||
such an exchange, and therefore forfeitable under this Act, | ||
such
presumptions being rebuttable by a preponderance of the | ||
evidence:
| ||
(1) All moneys, coin, or currency found in close proximity | ||
to
forfeitable substances, to forfeitable drug manufacturing | ||
or distributing
paraphernalia, or to forfeitable records of the | ||
importation, manufacture or
distribution of substances;
| ||
(2) All property acquired or caused to be acquired by a | ||
person either
between the dates of occurrence of two or more | ||
acts in felony violation of
the Illinois Controlled Substances | ||
Act ,
or the Cannabis Control Act , or the Methamphetamine | ||
Control and Community Protection Act ,
or an act committed in | ||
another state, territory or
country which would be punishable | ||
as a felony under either the Illinois
Controlled Substances | ||
Act ,
or the Cannabis Control Act , or the Methamphetamine | ||
Control and Community Protection Act , committed by that
person | ||
within 5 years of each other, or all property acquired by such
| ||
person within a reasonable amount of time after the commission | ||
of such acts if:
| ||
(a) At least one of the above acts was committed after | ||
the effective
date of this Act; and
| ||
(b) At least one of the acts is or was punishable as a | ||
Class X, Class 1,
or Class 2 felony; and
| ||
(c) There was no likely source for such property other | ||
than a violation
of the above Acts.
| ||
(Source: P.A. 86-1382.)
| ||
(725 ILCS 150/9) (from Ch. 56 1/2, par. 1679)
| ||
Sec. 9. Judicial in rem procedures. If property seized | ||
under the
provisions of the Illinois Controlled Substances Act ,
| ||
or the Cannabis Control
Act , or the Methamphetamine Control and |
Community Protection Act is non-real property that exceeds | ||
$20,000 in value excluding the value
of any conveyance, or is | ||
real property, or a claimant has filed a claim and
a cost bond | ||
under subsection (C) of Section 6 of this Act, the following
| ||
judicial in rem procedures shall apply:
| ||
(A) If, after a review of the facts surrounding the | ||
seizure, the State's
Attorney is of the opinion that the seized | ||
property is subject to
forfeiture, then within 45 days of the | ||
receipt of notice of seizure by the
seizing agency or the | ||
filing of the claim and cost bond, whichever is
later, the | ||
State's Attorney shall institute judicial forfeiture | ||
proceedings
by filing a verified complaint for forfeiture and, | ||
if the claimant has
filed a claim and cost bond, by depositing | ||
the cost bond with the clerk of
the court. When authorized by | ||
law, a forfeiture must be ordered by a court
on an action in | ||
rem brought by a State's Attorney under a verified
complaint | ||
for forfeiture.
| ||
(B) During the probable cause portion of the judicial in | ||
rem
proceeding wherein the State presents its case-in-chief, | ||
the court must
receive and consider, among other things, all | ||
relevant hearsay evidence and
information. The laws of evidence | ||
relating to civil actions shall apply to
all other portions of | ||
the judicial in rem proceeding.
| ||
(C) Only an owner of or interest holder in the property may | ||
file an
answer asserting a claim against the property in the | ||
action in rem. For
purposes of this Section, the owner or | ||
interest holder shall be referred
to as claimant.
| ||
(D) The answer must be signed by the owner or interest | ||
holder under
penalty of perjury and must set forth:
| ||
(i) the caption of the proceedings as set forth on the | ||
notice of pending
forfeiture and the name of the claimant;
| ||
(ii) the address at which the claimant will accept | ||
mail;
| ||
(iii) the nature and extent of the claimant's interest | ||
in the property;
| ||
(iv) the date, identity of transferor, and |
circumstances of the
claimant's acquisition of the | ||
interest in the property;
| ||
(v) the name and address of all other persons known to | ||
have an interest
in the property;
| ||
(vi) the specific provisions of Section 8 of this Act
| ||
relied on in asserting it
is not subject to forfeiture;
| ||
(vii) all essential facts supporting each assertion; | ||
and
| ||
(viii) the precise relief sought.
| ||
(E) The answer must be filed with the court within 45 days | ||
after service
of the civil in rem complaint.
| ||
(F) The hearing must be held within 60 days after filing of | ||
the answer
unless continued for good cause.
| ||
(G) The State shall show the existence of probable cause | ||
for forfeiture
of the property. If the State shows probable | ||
cause, the claimant has the
burden of showing by a | ||
preponderance of the evidence that the claimant's
interest in | ||
the property is not subject to forfeiture.
| ||
(H) If the State does not show existence of probable cause | ||
or a claimant
has established by a preponderance of evidence | ||
that the claimant has an
interest that is exempt under Section | ||
8 of this Act, the court shall order
the interest in the | ||
property returned or conveyed to the claimant and shall
order | ||
all other property forfeited to the State. If the State does | ||
show
existence of probable cause and the claimant does not | ||
establish by a
preponderance of evidence that the claimant has | ||
an interest that is exempt
under Section 8 of this Act, the | ||
court shall order all property forfeited
to the State.
| ||
(I) A defendant convicted in any criminal proceeding is | ||
precluded from
later denying the essential allegations of the | ||
criminal offense of which
the defendant was convicted in any | ||
proceeding under this Act
regardless of the pendency of an | ||
appeal from that conviction. However,
evidence of the pendency | ||
of an appeal is admissible.
| ||
(J) An acquittal or dismissal in a criminal proceeding | ||
shall not
preclude civil proceedings under this Act; however, |
for good cause shown,
on a motion by the State's Attorney, the | ||
court may stay civil forfeiture
proceedings during the criminal | ||
trial for a related criminal indictment or
information alleging | ||
a violation of the Illinois Controlled Substances Act ,
or
the | ||
Cannabis Control Act , or the Methamphetamine Control and | ||
Community Protection Act . Such a stay shall not be available | ||
pending an
appeal. Property subject to forfeiture under the | ||
Illinois Controlled
Substances Act ,
or the Cannabis Control | ||
Act , or the Methamphetamine Control and Community Protection | ||
Act shall not be subject to return
or release by a court | ||
exercising jurisdiction over a criminal case
involving the | ||
seizure of such property unless such return or release is
| ||
consented to by the State's Attorney.
| ||
(K) All property declared forfeited under this Act vests in | ||
this State
on the commission of the conduct giving rise to | ||
forfeiture together with
the proceeds of the property after | ||
that time. Any such property or
proceeds subsequently | ||
transferred to any person remain subject to
forfeiture and | ||
thereafter shall be ordered forfeited unless the transferee
| ||
claims and establishes in a hearing under the provisions of | ||
this Act that
the transferee's interest is exempt under Section | ||
8 of this Act.
| ||
(L) A civil action under this Act must be commenced within | ||
5 years
after the last conduct giving rise to forfeiture became | ||
known or should
have become known or 5 years after the | ||
forfeitable property is
discovered, whichever is later, | ||
excluding any time during which either the
property or claimant | ||
is out of the State or in confinement or during which
criminal | ||
proceedings relating to the same conduct are in progress.
| ||
(Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)
| ||
Section 1090. The Narcotics Profit Forfeiture Act is | ||
amended by changing Section 3 as follows:
| ||
(725 ILCS 175/3) (from Ch. 56 1/2, par. 1653)
| ||
Sec. 3. Definitions. (a) "Narcotics activity" means:
|
1. Any conduct punishable as a felony under the Cannabis | ||
Control Act or
the Illinois Controlled Substances Act, or
| ||
2. Any conduct punishable, by imprisonment for more than | ||
one year, as
an offense against the law of the United States or | ||
any State, concerning
narcotics, controlled substances, | ||
dangerous drugs, or any substance or things
scheduled or listed | ||
under the Cannabis Control Act ,
or the Illinois Controlled
| ||
Substances Act , or the Methamphetamine Control and Community | ||
Protection Act .
| ||
(b) "Pattern of narcotics activity" means 2 or more acts of | ||
narcotics
activity of which at least 2 such acts were committed | ||
within 5 years of
each other. At least one of those acts of | ||
narcotics activity must have been
committed after the effective | ||
date of this Act and at least one of such
acts shall be or shall | ||
have been punishable as a Class X, Class 1 or Class 2 felony.
| ||
(c) "Person" includes any individual or entity capable of | ||
holding a legal
or beneficial interest in property.
| ||
(d) "Enterprise" includes any individual, partnership, | ||
corporation, association,
or other entity, or group of | ||
individuals associated in fact, although not
a legal entity.
| ||
(Source: P.A. 82-940.)
| ||
Section 1095. The Sexually Violent Persons Commitment Act | ||
is amended by changing Section 40 as follows: | ||
(725 ILCS 207/40)
| ||
Sec. 40. Commitment.
| ||
(a) If a court or jury determines that the person who is | ||
the
subject of a petition under Section 15 of this Act is a | ||
sexually
violent person, the court shall order the person to be | ||
committed
to the custody of the Department for control, care | ||
and treatment
until such time as the person is no longer a | ||
sexually violent
person.
| ||
(b) (1) The court shall enter an initial commitment order | ||
under
this Section pursuant to a hearing held as soon as | ||
practicable
after the judgment is entered that the person |
who is the subject of a
petition under Section 15 is a | ||
sexually violent person.
If the court lacks sufficient | ||
information to make the
determination required by | ||
paragraph (b)(2) of this Section
immediately after trial, | ||
it may adjourn the hearing and order the
Department to | ||
conduct a predisposition investigation or a
supplementary | ||
mental examination, or both, to assist the court in
framing | ||
the commitment order. A supplementary mental examination
| ||
under this Section shall be conducted in accordance with | ||
Section
3-804 of the Mental Health and Developmental | ||
Disabilities Code.
| ||
(2) An order for commitment under this Section shall | ||
specify
either institutional care in a secure facility, as | ||
provided under
Section 50 of this Act, or conditional | ||
release. In determining
whether commitment shall be for | ||
institutional care in a secure
facility or for conditional | ||
release, the court shall consider the
nature and | ||
circumstances of the behavior that was the basis of the
| ||
allegation in the petition under paragraph (b)(1) of | ||
Section 15, the person's
mental history and present mental | ||
condition, where the person will
live, how the person will | ||
support himself or herself, and what
arrangements are | ||
available to ensure that the person has access to
and will | ||
participate in necessary treatment.
All treatment, whether | ||
in institutional care, in a secure facility, or while
on
| ||
conditional release, shall be conducted in conformance
| ||
with the standards developed under the Sex Offender | ||
Management Board
Act and conducted by a treatment provider | ||
approved by the Board.
The Department shall
arrange for | ||
control, care and treatment of the person in the least
| ||
restrictive manner consistent with the requirements of the | ||
person
and in accordance with the court's commitment order.
| ||
(3) If the court finds that the person is appropriate | ||
for
conditional release, the court shall notify the | ||
Department. The
Department shall prepare a plan that | ||
identifies the treatment and
services, if any, that the |
person will receive in the community.
The plan shall | ||
address the person's need, if any, for
supervision, | ||
counseling, medication, community support services,
| ||
residential services, vocational services, and alcohol or | ||
other
drug abuse treatment. The Department may contract | ||
with a county
health department, with another public agency | ||
or with a private
agency to provide the treatment and | ||
services identified in the
plan. The plan shall specify who | ||
will be responsible for
providing the treatment and | ||
services identified in the plan. The
plan shall be | ||
presented to the court for its approval within 60
days | ||
after the court finding that the person is appropriate for
| ||
conditional release, unless the Department and the person | ||
to be
released request additional time to develop the plan.
| ||
The conditional release program operated under this | ||
Section is not
subject to the provisions of the Mental | ||
Health and Developmental Disabilities
Confidentiality Act.
| ||
(4) An order for conditional release places the person | ||
in
the custody and control of the Department. A person on
| ||
conditional release is subject to the conditions set by the | ||
court
and to the rules of the Department. Before a person | ||
is placed on
conditional release by the court under this | ||
Section, the court
shall so notify the municipal police | ||
department and county sheriff
for the municipality and | ||
county in which the person will be
residing. The | ||
notification requirement under this Section does
not apply | ||
if a municipal police department or county sheriff
submits | ||
to the court a written statement waiving the right to be
| ||
notified. If the Department alleges that a released person | ||
has
violated any condition or rule, or that the safety of | ||
others
requires that conditional release be revoked, he or | ||
she may be
taken into custody under the rules of the | ||
Department.
| ||
At any time during which the person is on conditional | ||
release, if the
Department determines that the person has | ||
violated any condition or rule, or
that the safety of |
others requires that conditional release be revoked, the
| ||
Department may request the Attorney General or State's | ||
Attorney to request the
court to issue an emergency ex | ||
parte order directing any law enforcement
officer
to take | ||
the person into custody and transport the person to the | ||
county jail.
The Department may request, or the Attorney | ||
General or State's Attorney may
request independently of | ||
the Department, that a petition to revoke conditional
| ||
release be filed. When a petition is filed, the court may | ||
order the Department
to issue a notice to the person to be | ||
present at the Department or other
agency designated by the | ||
court, order a summons to the person to be present, or
| ||
order a body attachment for all law enforcement officers to | ||
take the person
into custody and transport him or her to | ||
the county jail, hospital, or
treatment
facility.
The
| ||
Department shall submit a statement showing probable cause | ||
of the
detention and a petition to revoke the order for | ||
conditional
release to the committing court within 48 hours | ||
after the
detention. The court shall hear the petition | ||
within 30 days,
unless the hearing or time deadline is | ||
waived by the detained
person. Pending the revocation | ||
hearing, the Department may detain
the person in a jail, in | ||
a hospital or treatment facility. The
State has the burden | ||
of proving by clear and convincing evidence
that any rule | ||
or condition of release has been violated, or that
the | ||
safety of others requires that the conditional release be
| ||
revoked. If the court determines after hearing that any | ||
rule or
condition of release has been violated, or that the | ||
safety of
others requires that conditional release be | ||
revoked, it may revoke
the order for conditional release | ||
and order that the released
person be placed in an | ||
appropriate institution until the person is
discharged | ||
from the commitment under Section 65 of this Act or
until | ||
again placed on conditional release under Section 60 of | ||
this
Act.
| ||
(5) An order for conditional release places the person |
in the custody,
care, and control of the Department. The | ||
court shall order the person be
subject to the following | ||
rules of conditional release, in addition to any other
| ||
conditions ordered, and the person shall be given a | ||
certificate setting forth
the
conditions of conditional | ||
release. These conditions shall be that the person:
| ||
(A) not violate any criminal statute of any | ||
jurisdiction;
| ||
(B) report to or appear in person before such | ||
person or agency as
directed by the court and the | ||
Department;
| ||
(C) refrain from possession of a firearm or other | ||
dangerous weapon;
| ||
(D) not leave the State without the consent of the | ||
court or, in
circumstances in which the reason for the | ||
absence is of such an emergency
nature, that prior | ||
consent by the court is not possible without the prior
| ||
notification and approval of the Department;
| ||
(E) at the direction of the Department, notify | ||
third parties of the
risks that may be occasioned by | ||
his or her criminal record or sexual offending
history | ||
or characteristics, and permit the supervising officer | ||
or agent to make
the
notification requirement;
| ||
(F) attend and fully participate in assessment, | ||
treatment, and behavior
monitoring including, but not | ||
limited to, medical, psychological or psychiatric
| ||
treatment specific to sexual offending, drug | ||
addiction, or alcoholism, to the
extent appropriate to | ||
the person based upon the recommendation and findings
| ||
made in the Department evaluation or based upon any | ||
subsequent recommendations
by the Department;
| ||
(G) waive confidentiality allowing the court and | ||
Department access to
assessment or treatment results | ||
or both;
| ||
(H) work regularly at a Department approved | ||
occupation or pursue a
course of study or vocational |
training and notify the Department within
72 hours of | ||
any change in employment, study, or training;
| ||
(I) not be employed or participate in any volunteer | ||
activity that
involves contact with children, except | ||
under circumstances approved in advance
and in writing | ||
by the Department officer;
| ||
(J) submit to the search of his or her person, | ||
residence, vehicle, or
any personal or
real property | ||
under his or her control at any time by the Department;
| ||
(K) financially support his or her dependents and | ||
provide the Department
access
to any requested | ||
financial information;
| ||
(L) serve a term of home confinement, the | ||
conditions of which shall be
that the person:
| ||
(i) remain within the interior premises of the | ||
place designated for
his or her confinement during | ||
the hours designated by the Department;
| ||
(ii) admit any person or agent designated by | ||
the Department into the
offender's place of | ||
confinement at any time for purposes of verifying | ||
the
person's compliance with the condition of his | ||
or her confinement;
| ||
(iii) if deemed necessary by the Department, | ||
be placed on an
electronic monitoring device;
| ||
(M) comply with the terms and conditions of an | ||
order of protection
issued by the court pursuant to the | ||
Illinois Domestic Violence Act of 1986. A
copy of the | ||
order of protection shall be
transmitted to the | ||
Department by the clerk of the court;
| ||
(N) refrain from entering into a designated | ||
geographic area except upon
terms the Department finds | ||
appropriate. The terms may include
consideration of | ||
the purpose of the entry, the time of day, others | ||
accompanying
the person, and advance approval by the | ||
Department;
| ||
(O) refrain from having any contact, including |
written or oral
communications, directly or | ||
indirectly, with certain specified persons
including, | ||
but not limited to, the victim or the victim's family, | ||
and
report any incidental contact with the victim or | ||
the victim's family to
the Department within 72 hours; | ||
refrain from entering onto the premises of,
traveling
| ||
past,
or loitering near the victim's residence, place | ||
of employment, or other places
frequented by the | ||
victim;
| ||
(P) refrain from having any contact, including | ||
written or oral
communications, directly or | ||
indirectly, with particular types of persons,
| ||
including but not limited to members of street gangs, | ||
drug users, drug dealers,
or prostitutes;
| ||
(Q) refrain from all contact, direct or indirect, | ||
personally, by
telephone, letter, or through another | ||
person, with minor children without prior
| ||
identification and approval of the Department;
| ||
(R) refrain from having in his or her body the | ||
presence of alcohol
or any illicit drug prohibited by | ||
the Cannabis Control Act ,
or the
Illinois
Controlled | ||
Substances Act , or the Methamphetamine Control and | ||
Community Protection Act , unless prescribed by a | ||
physician, and submit samples
of his or her breath, | ||
saliva, blood, or urine
for tests to determine the
| ||
presence of alcohol or any illicit drug;
| ||
(S) not establish a dating, intimate, or sexual | ||
relationship with a
person without prior written | ||
notification to the Department;
| ||
(T) neither possess or have under his or her | ||
control any material that
is
pornographic, sexually | ||
oriented, or sexually stimulating, or that depicts or
| ||
alludes to sexual activity or depicts minors under the | ||
age of 18, including but
not limited to visual, | ||
auditory, telephonic, electronic media, or any matter
| ||
obtained through access to any computer or material |
linked to computer access
use;
| ||
(U) not patronize any business providing sexually | ||
stimulating or
sexually oriented entertainment nor | ||
utilize "900" or
adult telephone numbers or any other | ||
sex-related telephone numbers;
| ||
(V) not reside near, visit, or be in or about | ||
parks, schools, day care
centers, swimming pools, | ||
beaches, theaters, or any other places where minor
| ||
children congregate without advance approval of the | ||
Department and report any
incidental contact with | ||
minor children to the Department within 72 hours;
| ||
(W) not establish any living arrangement or | ||
residence without prior
approval of the Department;
| ||
(X) not publish any materials or print any | ||
advertisements without
providing a copy of the | ||
proposed publications to the Department officer and
| ||
obtaining
permission prior to publication;
| ||
(Y) not leave the county except with prior | ||
permission of the Department
and provide the | ||
Department officer or agent with written travel routes | ||
to and
from work and any other designated destinations;
| ||
(Z) not possess or have under his or her control | ||
certain specified items
of
contraband related to the | ||
incidence of sexually offending items including video
| ||
or
still camera items or children's toys;
| ||
(AA) provide a written daily log of activities as | ||
directed by the
Department;
| ||
(BB) comply with all other special conditions that | ||
the Department may
impose that restrict the person from | ||
high-risk situations and limit access or
potential | ||
victims.
| ||
(6) A person placed on conditional release and who | ||
during the term
undergoes mandatory drug or alcohol testing | ||
or is assigned to be
placed on an approved electronic | ||
monitoring device may be ordered to pay all
costs | ||
incidental to the mandatory drug or alcohol testing and all
|
costs incidental to the approved electronic monitoring in | ||
accordance with the
person's ability to pay those costs. | ||
The Department may establish reasonable
fees for the cost | ||
of maintenance, testing, and incidental expenses related | ||
to
the mandatory drug or alcohol testing and all costs | ||
incidental to
approved electronic monitoring.
| ||
(Source: P.A. 92-415, eff. 8-17-01; 93-616, eff. 1-1-04.)
| ||
Section 1100. The State's Attorneys Appellate Prosecutor's | ||
Act is amended by changing Section 4.01 as follows:
| ||
(725 ILCS 210/4.01) (from Ch. 14, par. 204.01)
| ||
Sec. 4.01. The Office and all attorneys employed thereby | ||
may
represent the People of the State of Illinois on appeal in | ||
all cases
which emanate from
a county containing less than
| ||
3,000,000 inhabitants, when requested to do so and at the | ||
direction of
the State's Attorney, otherwise responsible for | ||
prosecuting the appeal,
and may, with the advice and consent of | ||
the State's Attorney prepare,
file and argue such appellate | ||
briefs in the Illinois Appellate
Court
and, when requested and | ||
authorized to do so by the Attorney General, in the
Illinois | ||
Supreme Court.
The Office may also assist County State's | ||
Attorneys in the
discharge of their duties under the Illinois | ||
Controlled Substances Act,
the Cannabis Control Act, the | ||
Methamphetamine Control and Community Protection Act, the Drug | ||
Asset Forfeiture Procedure Act,
the Narcotics Profit | ||
Forfeiture Act, and the Illinois Public Labor Relations
Act,
| ||
including negotiations conducted on behalf of a county or | ||
pursuant to an
intergovernmental agreement as well as in the | ||
trial
and appeal of said cases and of tax objections, and the | ||
counties which
use services relating to labor relations
shall | ||
reimburse the Office on pro-rated shares as determined by the
| ||
board based upon the population and number of labor relations | ||
cases of the
participating counties.
In addition, the Office | ||
and all attorneys employed by the Office may also
assist | ||
State's Attorneys in the discharge of their duties in the |
prosecution
and trial of other cases when requested to do so | ||
by, and at the direction of,
the State's Attorney otherwise | ||
responsible for the case. In addition, the
Office and all | ||
attorneys employed by the Office may act as Special Prosecutor
| ||
if duly appointed to do so by a court having jurisdiction.
To | ||
be effective, the order appointing the Office or
its attorneys | ||
as Special Prosecutor must (i) identify the case and its
| ||
subject matter and (ii) state that the Special Prosecutor | ||
serves at the
pleasure of the Attorney General, who may | ||
substitute himself or herself as the
Special Prosecutor when, | ||
in his or her judgment, the interest of the people of
the State | ||
so requires. Within 5 days after receiving a copy of an order | ||
from
the
court appointing the Office or any of its attorneys as | ||
a Special Prosecutor,
the Office must forward a copy of the | ||
order to the Springfield office of the
Attorney General.
| ||
(Source: P.A. 92-683, eff. 7-16-02.)
| ||
Section 1105. The Statewide Grand Jury Act is amended by | ||
changing Section 3 as follows:
| ||
(725 ILCS 215/3) (from Ch. 38, par. 1703)
| ||
Sec. 3. Written application for the appointment of a | ||
Circuit
Judge to convene and preside over a Statewide Grand | ||
Jury, with jurisdiction
extending throughout the State, shall | ||
be made to the Chief Justice of the
Supreme Court. Upon such | ||
written application, the Chief Justice of the
Supreme Court | ||
shall appoint a Circuit Judge from the circuit where the
| ||
Statewide Grand Jury is being sought to be convened, who shall | ||
make a
determination that the convening of a Statewide Grand | ||
Jury is necessary.
| ||
In such application the Attorney General shall state that | ||
the convening
of a Statewide Grand Jury is necessary because of | ||
an alleged offense or
offenses set forth in this Section | ||
involving more than one county of the
State and identifying any | ||
such offense alleged; and
| ||
(a) that he or she believes that the grand jury |
function for the
investigation and indictment of the | ||
offense or offenses cannot effectively be
performed by a | ||
county grand jury together with the reasons for such
| ||
belief, and
| ||
(b)(1) that each State's Attorney with jurisdiction | ||
over an offense
or offenses to be investigated has | ||
consented to the impaneling of the
Statewide Grand | ||
Jury, or
| ||
(2) if one or more of the State's Attorneys having | ||
jurisdiction over
an offense or offenses to be | ||
investigated fails to consent to the impaneling
of the | ||
Statewide Grand Jury, the Attorney General shall set | ||
forth good cause
for impaneling the Statewide Grand | ||
Jury.
| ||
If the Circuit Judge determines that the convening of a | ||
Statewide Grand
Jury is necessary, he or she shall convene and | ||
impanel the Statewide Grand
Jury with jurisdiction extending | ||
throughout the State to investigate and
return indictments:
| ||
(a) For violations of any of the following or for any | ||
other criminal
offense committed in the course of violating | ||
any of the following: Article
29D of the Criminal Code of | ||
1961, the
Illinois Controlled Substances Act, the Cannabis | ||
Control Act, the Methamphetamine Control and Community | ||
Protection Act, the Narcotics
Profit Forfeiture Act, or the | ||
Cannabis and Controlled Substances Tax Act; a
streetgang | ||
related felony offense; Section 24-2.1, 24-2.2, 24-3, | ||
24-3A, 24-3.1,
24-3.3, 24-3.4, 24-4, or 24-5 or subsection | ||
24-1(a)(4), 24-1(a)(6), 24-1(a)(7),
24-1(a)(9), | ||
24-1(a)(10), or 24-1(c) of the Criminal Code of 1961; or a | ||
money
laundering offense; provided that the violation or | ||
offense involves acts
occurring in more than one county of | ||
this State; and
| ||
(a-5) For violations facilitated by the use of a | ||
computer, including
the use of the Internet, the World Wide | ||
Web, electronic mail, message board,
newsgroup, or any | ||
other commercial or noncommercial on-line service, of any |
of
the following offenses: indecent solicitation of a | ||
child, sexual exploitation
of a child, soliciting for a | ||
juvenile prostitute, keeping a place of juvenile
| ||
prostitution, juvenile pimping, or child pornography; and
| ||
(b) For the offenses of perjury, subornation of | ||
perjury, communicating
with jurors and witnesses, and | ||
harassment of jurors and witnesses, as they
relate to | ||
matters before the Statewide Grand Jury.
| ||
"Streetgang related" has the meaning ascribed to it in | ||
Section 10 of the
Illinois Streetgang Terrorism Omnibus | ||
Prevention Act.
| ||
Upon written application by the Attorney General for the | ||
convening of an
additional Statewide Grand Jury, the Chief | ||
Justice of the Supreme Court shall
appoint a Circuit Judge from | ||
the circuit for which the additional Statewide
Grand Jury is | ||
sought. The Circuit Judge shall determine the necessity for
an | ||
additional Statewide Grand Jury in accordance with the | ||
provisions of this
Section. No more than 2 Statewide Grand | ||
Juries may be empaneled at any time.
| ||
(Source: P.A. 91-225, eff. 1-1-00; 91-947, eff. 2-9-01; 92-854, | ||
eff. 12-5-02.)
| ||
Section 1110. The Unified Code of Corrections is amended by | ||
changing Sections 3-7-2.5, 5-4-1, 5-5-3, 5-5-3.2, 5-6-2, | ||
5-6-3, 5-6-3.1, 5-8-4, 5-9-1, 5-9-1.1, 5-9-1.2, and 5-9-1.4 as | ||
follows:
| ||
(730 ILCS 5/3-7-2.5)
| ||
Sec. 3-7-2.5. Zero tolerance drug policy.
| ||
(a) Any person employed by the Department of Corrections | ||
who tests positive
in
accordance with established Departmental | ||
drug testing procedures for any
substance
prohibited by the | ||
Cannabis Control Act ,
or the Illinois Controlled Substances
| ||
Act , or the Methamphetamine Control and Community Protection | ||
Act shall be
discharged from employment. Refusal to submit to a | ||
drug test, ordered in
accordance
with Departmental procedures, |
by any person employed by the Department shall be
construed as | ||
a positive test, and the person shall be discharged from
| ||
employment.
| ||
Testing of employees shall be conducted in accordance with | ||
established
Departmental drug testing procedures. Changes to | ||
established drug testing
procedures
that are inconsistent with | ||
the federal guidelines specified in the Mandatory
Guidelines | ||
for
Federal Workplace Drug Testing Program, 59 FR 29908, or | ||
that affect
terms and conditions of employment, shall be | ||
negotiated with an exclusive
bargaining
representative in | ||
accordance with the Illinois Public Labor Relations Act.
| ||
(1) All samples used for the purpose of drug testing | ||
shall be collected by
persons who have at least 40 hours of | ||
initial training in the proper collection
procedures and at | ||
least 8 hours of annual follow-up training. Proof of this
| ||
training shall be available upon request. In order to | ||
ensure that these
persons
possess the necessary knowledge, | ||
skills, and experience to carry out their
duties,
their | ||
training must include guidelines and procedures used for | ||
the collection
process and must also incorporate training | ||
on the appropriate interpersonal
skills
required during | ||
the collection process.
| ||
(2) With respect to any bargaining unit employee, the | ||
Department shall
not initiate discipline of any employee | ||
who authorizes the testing of a split
urine
sample in | ||
accordance with established Departmental drug testing | ||
procedures
until
receipt by the Department of the test | ||
results from the split urine sample
evidencing a positive | ||
test for any substance prohibited by the Cannabis Control
| ||
Act ,
or the Illinois Controlled Substances Act , or the | ||
Methamphetamine Control and Community Protection Act .
| ||
(b) Any employee discharged in accordance with the | ||
provisions of subsection
(a)
shall not be eligible for rehire | ||
by the Department.
| ||
(Source: P.A. 92-80, eff. 1-1-02.)
|
(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
| ||
Sec. 5-4-1. Sentencing Hearing.
| ||
(a) Except when the death penalty is
sought under hearing | ||
procedures otherwise specified, after a
determination of | ||
guilt, a hearing shall be held to impose the sentence.
However, | ||
prior to the imposition of sentence on an individual being
| ||
sentenced for an offense based upon a charge for a violation of | ||
Section
11-501 of the Illinois Vehicle Code or a similar | ||
provision of a local
ordinance, the individual must undergo a | ||
professional evaluation to
determine if an alcohol or other | ||
drug abuse problem exists and the extent
of such a problem. | ||
Programs conducting these evaluations shall be
licensed by the | ||
Department of Human Services. However, if the individual is
not | ||
a resident of Illinois, the court
may, in its discretion, | ||
accept an evaluation from a program in the state of
such | ||
individual's residence. The court may in its sentencing order | ||
approve an
eligible defendant for placement in a Department of | ||
Corrections impact
incarceration program as provided in | ||
Section 5-8-1.1 or 5-8-1.3. At the
hearing the court
shall:
| ||
(1) consider the evidence, if any, received upon the | ||
trial;
| ||
(2) consider any presentence reports;
| ||
(3) consider the financial impact of incarceration | ||
based on the
financial impact statement filed with the | ||
clerk of the court by the
Department of Corrections;
| ||
(4) consider evidence and information offered by the | ||
parties in
aggravation and mitigation;
| ||
(5) hear arguments as to sentencing alternatives;
| ||
(6) afford the defendant the opportunity to make a | ||
statement in his
own behalf;
| ||
(7) afford the victim of a violent crime or a violation | ||
of Section
11-501 of the Illinois Vehicle Code, or a | ||
similar provision of a local
ordinance, or a qualified | ||
individual affected by: (i) a violation of Section
405, | ||
405.1, 405.2, or 407 of the Illinois Controlled Substances | ||
Act or a violation of Section 55 or Section 65 of the |
Methamphetamine Control and Community Protection Act ,
or | ||
(ii) a Class 4 felony violation of Section 11-14, 11-15, | ||
11-17, 11-18,
11-18.1, or 11-19 of the Criminal Code of | ||
1961,
committed by the defendant the opportunity to make a | ||
statement
concerning the impact on the victim and to offer | ||
evidence in aggravation or
mitigation; provided that the | ||
statement and evidence offered in aggravation
or | ||
mitigation must first be prepared in writing in conjunction | ||
with the
State's Attorney before it may be presented orally | ||
at the hearing. Any
sworn testimony offered by the victim | ||
is subject to the defendant's right
to cross-examine. All | ||
statements and evidence offered under this paragraph
(7) | ||
shall become part of the record of the court. For the | ||
purpose of this
paragraph (7), "qualified individual" | ||
means any person who (i) lived or worked
within the | ||
territorial jurisdiction where the offense took place when | ||
the
offense took place;
and (ii) is familiar with various | ||
public places within the territorial
jurisdiction where
| ||
the offense took place when the offense took place. For the | ||
purposes of
this paragraph (7), "qualified individual" | ||
includes any peace officer,
or any member of any duly | ||
organized State, county, or municipal peace unit
assigned | ||
to the territorial jurisdiction where the offense took | ||
place when the
offense took
place;
| ||
(8) in cases of reckless homicide afford the victim's | ||
spouse,
guardians, parents or other immediate family | ||
members an opportunity to make
oral statements; and
| ||
(9) in cases involving a felony sex offense as defined | ||
under the Sex
Offender
Management Board Act, consider the | ||
results of the sex offender evaluation
conducted pursuant | ||
to Section 5-3-2 of this Act.
| ||
(b) All sentences shall be imposed by the judge based upon | ||
his
independent assessment of the elements specified above and | ||
any agreement
as to sentence reached by the parties. The judge | ||
who presided at the
trial or the judge who accepted the plea of | ||
guilty shall impose the
sentence unless he is no longer sitting |
as a judge in that court. Where
the judge does not impose | ||
sentence at the same time on all defendants
who are convicted | ||
as a result of being involved in the same offense, the
| ||
defendant or the State's Attorney may advise the sentencing | ||
court of the
disposition of any other defendants who have been | ||
sentenced.
| ||
(c) In imposing a sentence for a violent crime or for an | ||
offense of
operating or being in physical control of a vehicle | ||
while under the
influence of alcohol, any other drug or any | ||
combination thereof, or a
similar provision of a local | ||
ordinance, when such offense resulted in the
personal injury to | ||
someone other than the defendant, the trial judge shall
specify | ||
on the record the particular evidence, information, factors in
| ||
mitigation and aggravation or other reasons that led to his | ||
sentencing
determination. The full verbatim record of the | ||
sentencing hearing shall be
filed with the clerk of the court | ||
and shall be a public record.
| ||
(c-1) In imposing a sentence for the offense of aggravated | ||
kidnapping for
ransom, home invasion, armed robbery, | ||
aggravated vehicular hijacking,
aggravated discharge of a | ||
firearm, or armed violence with a category I weapon
or category | ||
II weapon,
the trial judge shall make a finding as to whether | ||
the conduct leading to
conviction for the offense resulted in | ||
great bodily harm to a victim, and
shall enter that finding and | ||
the basis for that finding in the record.
| ||
(c-2) If the defendant is sentenced to prison, other than | ||
when a sentence of
natural life imprisonment or a sentence of | ||
death is imposed, at the time
the sentence is imposed the judge | ||
shall
state on the record in open court the approximate period | ||
of time the defendant
will serve in custody according to the | ||
then current statutory rules and
regulations for early release | ||
found in Section 3-6-3 and other related
provisions of this | ||
Code. This statement is intended solely to inform the
public, | ||
has no legal effect on the defendant's actual release, and may | ||
not be
relied on by the defendant on appeal.
| ||
The judge's statement, to be given after pronouncing the |
sentence, other than
when the sentence is imposed for one of | ||
the offenses enumerated in paragraph
(a)(3) of Section 3-6-3, | ||
shall include the following:
| ||
"The purpose of this statement is to inform the public of | ||
the actual period
of time this defendant is likely to spend in | ||
prison as a result of this
sentence. The actual period of | ||
prison time served is determined by the
statutes of Illinois as | ||
applied to this sentence by the Illinois Department of
| ||
Corrections and
the Illinois Prisoner Review Board. In this | ||
case, assuming the defendant
receives all of his or her good | ||
conduct credit, the period of estimated actual
custody is ... | ||
years and ... months, less up to 180 days additional good
| ||
conduct credit for meritorious service. If the defendant, | ||
because of his or
her own misconduct or failure to comply with | ||
the institutional regulations,
does not receive those credits, | ||
the actual time served in prison will be
longer. The defendant | ||
may also receive an additional one-half day good conduct
credit | ||
for each day of participation in vocational, industry, | ||
substance abuse,
and educational programs as provided for by | ||
Illinois statute."
| ||
When the sentence is imposed for one of the offenses | ||
enumerated in paragraph
(a)(3) of Section 3-6-3, other than | ||
when the sentence is imposed for one of the
offenses enumerated | ||
in paragraph (a)(2) of Section 3-6-3 committed on or after
June | ||
19, 1998, and other than when the sentence is imposed for
| ||
reckless homicide as defined in subsection (e) of Section 9-3 | ||
of the Criminal
Code of 1961 if the offense was committed on or | ||
after January 1, 1999, and
other than when the sentence is | ||
imposed for aggravated arson if the offense was
committed on or | ||
after July 27, 2001 ( the effective date of Public Act
92-176)
| ||
this amendatory Act of the 92nd 93rd General Assembly , the
| ||
judge's statement, to be given after pronouncing the sentence, | ||
shall include
the following:
| ||
"The purpose of this statement is to inform the public of | ||
the actual period
of time this defendant is likely to spend in | ||
prison as a result of this
sentence. The actual period of |
prison time served is determined by the
statutes of Illinois as | ||
applied to this sentence by the Illinois Department of
| ||
Corrections and the Illinois Prisoner Review Board. In this | ||
case,
assuming the defendant
receives all of his or her good | ||
conduct credit, the period of estimated actual
custody is ... | ||
years and ... months, less up to 90 days additional good
| ||
conduct credit for meritorious service. If the defendant, | ||
because of his or
her own misconduct or failure to comply with | ||
the institutional regulations,
does not receive those credits, | ||
the actual time served in prison will be
longer. The defendant | ||
may also receive an additional one-half day good conduct
credit | ||
for each day of participation in vocational, industry, | ||
substance abuse,
and educational programs as provided for by | ||
Illinois statute."
| ||
When the sentence is imposed for one of the offenses | ||
enumerated in paragraph
(a)(2) of Section 3-6-3, other than | ||
first degree murder, and the offense was
committed on or after | ||
June 19, 1998, and when the sentence is imposed for
reckless | ||
homicide as defined in subsection (e) of Section 9-3 of the | ||
Criminal
Code of 1961 if the offense was committed on or after | ||
January 1, 1999,
and when the sentence is imposed for | ||
aggravated driving under the influence
of alcohol, other drug | ||
or drugs, or intoxicating compound or compounds, or
any | ||
combination thereof as defined in subparagraph (F) of paragraph | ||
(1) of
subsection (d) of Section 11-501 of the Illinois Vehicle | ||
Code, and when
the sentence is imposed for aggravated arson if | ||
the offense was committed
on or after July 27, 2001 ( the | ||
effective date of Public Act 92-176)
this amendatory Act of the | ||
92nd 93rd General Assembly , the judge's
statement, to be given | ||
after pronouncing the sentence, shall include the
following:
| ||
"The purpose of this statement is to inform the public of | ||
the actual period
of time this defendant is likely to spend in | ||
prison as a result of this
sentence. The actual period of | ||
prison time served is determined by the
statutes of Illinois as | ||
applied to this sentence by the Illinois Department of
| ||
Corrections and
the Illinois Prisoner Review Board. In this |
case,
the defendant is entitled to no more than 4 1/2 days of | ||
good conduct credit for
each month of his or her sentence of | ||
imprisonment. Therefore, this defendant
will serve at least 85% | ||
of his or her sentence. Assuming the defendant
receives 4 1/2 | ||
days credit for each month of his or her sentence, the period
| ||
of estimated actual custody is ... years and ... months. If the | ||
defendant,
because of his or her own misconduct or failure to | ||
comply with the
institutional regulations receives lesser | ||
credit, the actual time served in
prison will be longer."
| ||
When a sentence of imprisonment is imposed for first degree | ||
murder and
the offense was committed on or after June 19, 1998, | ||
the judge's statement,
to be given after pronouncing the | ||
sentence, shall include the following:
| ||
"The purpose of this statement is to inform the public of | ||
the actual period
of time this defendant is likely to spend in | ||
prison as a result of this
sentence. The actual period of | ||
prison time served is determined by the
statutes of Illinois as | ||
applied to this sentence by the Illinois Department
of | ||
Corrections and the Illinois Prisoner Review Board. In this | ||
case, the
defendant is not entitled to good conduct credit. | ||
Therefore, this defendant
will serve 100% of his or her | ||
sentence."
| ||
When the sentence is imposed for any offense that results | ||
in incarceration
in a Department of Corrections facility | ||
committed as a result of the use of,
abuse of, or addiction to | ||
alcohol or a controlled substance and the crime was
committed | ||
on or after September 1, 2003 ( the effective date of Public Act
| ||
93-354)
this amendatory Act of the 93rd General Assembly , the | ||
judge's
statement, in addition to any other judge's statement | ||
required under this
Section, to be given after pronouncing the | ||
sentence, shall include the
following:
| ||
"The purpose of this statement is to inform the public of
| ||
the actual period of time this defendant is likely to spend in
| ||
prison as a result of this sentence. The actual period of
| ||
prison time served is determined by the statutes of Illinois as
| ||
applied to this sentence by the Illinois Department of
|
Corrections and the Illinois Prisoner Review Board. In this
| ||
case, the defendant shall receive no good conduct credit until | ||
he or
she participates in and completes a substance abuse | ||
treatment program."
| ||
(d) When the defendant is committed to the Department of
| ||
Corrections, the State's Attorney shall and counsel for the | ||
defendant
may file a statement with the clerk of the court to | ||
be transmitted to
the department, agency or institution to | ||
which the defendant is
committed to furnish such department, | ||
agency or institution with the
facts and circumstances of the | ||
offense for which the person was
committed together with all | ||
other factual information accessible to them
in regard to the | ||
person prior to his commitment relative to his habits,
| ||
associates, disposition and reputation and any other facts and
| ||
circumstances which may aid such department, agency or | ||
institution
during its custody of such person. The clerk shall | ||
within 10 days after
receiving any such statements transmit a | ||
copy to such department, agency
or institution and a copy to | ||
the other party, provided, however, that
this shall not be | ||
cause for delay in conveying the person to the
department, | ||
agency or institution to which he has been committed.
| ||
(e) The clerk of the court shall transmit to the | ||
department,
agency or institution, if any, to which the | ||
defendant is committed, the
following:
| ||
(1) the sentence imposed;
| ||
(2) any statement by the court of the basis for | ||
imposing the sentence;
| ||
(3) any presentence reports;
| ||
(3.5) any sex offender evaluations;
| ||
(4) the number of days, if any, which the defendant has | ||
been in
custody and for which he is entitled to credit | ||
against the sentence,
which information shall be provided | ||
to the clerk by the sheriff;
| ||
(4.1) any finding of great bodily harm made by the | ||
court with respect
to an offense enumerated in subsection | ||
(c-1);
|
(5) all statements filed under subsection (d) of this | ||
Section;
| ||
(6) any medical or mental health records or summaries | ||
of the defendant;
| ||
(7) the municipality where the arrest of the offender | ||
or the commission
of the offense has occurred, where such | ||
municipality has a population of
more than 25,000 persons;
| ||
(8) all statements made and evidence offered under | ||
paragraph (7) of
subsection (a) of this Section; and
| ||
(9) all additional matters which the court directs the | ||
clerk to
transmit.
| ||
(Source: P.A. 92-176, eff. 7-27-01; 92-806, eff. 1-1-03; | ||
93-213, eff.
7-18-03; 93-317, eff. 1-1-04; 93-354, eff. 9-1-03; | ||
93-616, eff. 1-1-04; revised 12-9-03.)
| ||
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| ||
Sec. 5-5-3. Disposition.
| ||
(a) Except as provided in Section 11-501 of the Illinois | ||
Vehicle Code, every person convicted of an offense shall be | ||
sentenced as provided
in this Section.
| ||
(b) The following options shall be appropriate | ||
dispositions, alone
or in combination, for all felonies and | ||
misdemeanors other than those
identified in subsection (c) of | ||
this Section:
| ||
(1) A period of probation.
| ||
(2) A term of periodic imprisonment.
| ||
(3) A term of conditional discharge.
| ||
(4) A term of imprisonment.
| ||
(5) An order directing the offender to clean up and | ||
repair the
damage, if the offender was convicted under | ||
paragraph (h) of Section
21-1 of the Criminal Code of 1961 | ||
(now repealed).
| ||
(6) A fine.
| ||
(7) An order directing the offender to make restitution | ||
to the
victim under Section 5-5-6 of this Code.
| ||
(8) A sentence of participation in a county impact |
incarceration
program under Section 5-8-1.2 of this Code. | ||
(9) A term of imprisonment in combination with a term | ||
of probation when the offender has been admitted into a | ||
drug court program under Section 20 of the Drug Court | ||
Treatment Act.
| ||
Neither a fine nor restitution shall be the sole | ||
disposition
for a felony and either or both may be imposed only | ||
in conjunction with
another disposition.
| ||
(c) (1) When a defendant is found guilty of first degree | ||
murder the
State may either seek a sentence of imprisonment | ||
under Section 5-8-1 of
this Code, or where appropriate seek | ||
a sentence of death under Section 9-1
of the Criminal Code | ||
of 1961.
| ||
(2) A period of probation, a term of periodic | ||
imprisonment or
conditional discharge shall not be imposed | ||
for the following offenses.
The court shall sentence the | ||
offender to not less than the minimum term
of imprisonment | ||
set forth in this Code for the following offenses, and
may | ||
order a fine or restitution or both in conjunction with | ||
such term of
imprisonment:
| ||
(A) First degree murder where the death penalty is | ||
not imposed.
| ||
(B) Attempted first degree murder.
| ||
(C) A Class X felony.
| ||
(D) A violation of Section 401.1 or 407 of the
| ||
Illinois Controlled Substances Act, or a violation of | ||
subdivision (c)(1) or
(c)(2) of
Section 401 of that Act | ||
which relates to more than 5 grams of a substance
| ||
containing heroin or cocaine or an analog thereof.
| ||
(E) A violation of Section 5.1 or 9 of the Cannabis | ||
Control
Act.
| ||
(F) A Class 2 or greater felony if the offender had | ||
been convicted
of a Class 2 or greater felony within 10 | ||
years of the date on which the
offender
committed the | ||
offense for which he or she is being sentenced, except | ||
as
otherwise provided in Section 40-10 of the |
Alcoholism and Other Drug Abuse and
Dependency Act.
| ||
(G) Residential burglary, except as otherwise | ||
provided in Section 40-10
of the Alcoholism and Other | ||
Drug Abuse and Dependency Act.
| ||
(H) Criminal sexual assault.
| ||
(I) Aggravated battery of a senior citizen.
| ||
(J) A forcible felony if the offense was related to | ||
the activities of an
organized gang.
| ||
Before July 1, 1994, for the purposes of this | ||
paragraph, "organized
gang" means an association of 5 | ||
or more persons, with an established hierarchy,
that | ||
encourages members of the association to perpetrate | ||
crimes or provides
support to the members of the | ||
association who do commit crimes.
| ||
Beginning July 1, 1994, for the purposes of this | ||
paragraph,
"organized gang" has the meaning ascribed | ||
to it in Section 10 of the Illinois
Streetgang | ||
Terrorism Omnibus Prevention Act.
| ||
(K) Vehicular hijacking.
| ||
(L) A second or subsequent conviction for the | ||
offense of hate crime
when the underlying offense upon | ||
which the hate crime is based is felony
aggravated
| ||
assault or felony mob action.
| ||
(M) A second or subsequent conviction for the | ||
offense of institutional
vandalism if the damage to the | ||
property exceeds $300.
| ||
(N) A Class 3 felony violation of paragraph (1) of | ||
subsection (a) of
Section 2 of the Firearm Owners | ||
Identification Card Act.
| ||
(O) A violation of Section 12-6.1 of the Criminal | ||
Code of 1961.
| ||
(P) A violation of paragraph (1), (2), (3), (4), | ||
(5), or (7) of
subsection (a)
of Section 11-20.1 of the | ||
Criminal Code of 1961.
| ||
(Q) A violation of Section 20-1.2 or 20-1.3 of the | ||
Criminal Code of
1961.
|
(R) A violation of Section 24-3A of the Criminal | ||
Code of
1961.
| ||
(S) (Blank).
| ||
(T) A second or subsequent violation of the | ||
Methamphetamine Control and Community Protection Act
| ||
paragraph (6.6) of subsection
(a), subsection (c-5), | ||
or subsection (d-5) of Section
401 of the
Illinois
| ||
Controlled Substances Act .
| ||
(3) (Blank).
| ||
(4) A minimum term of imprisonment of not less than 10
| ||
consecutive days or 30 days of community service shall be | ||
imposed for a
violation of paragraph (c) of Section 6-303 | ||
of the Illinois Vehicle Code.
| ||
(4.1) (Blank).
| ||
(4.2) Except as provided in paragraph (4.3) of this | ||
subsection (c), a
minimum of
100 hours of community service | ||
shall be imposed for a second violation of
Section 6-303
of | ||
the Illinois Vehicle Code.
| ||
(4.3) A minimum term of imprisonment of 30 days or 300 | ||
hours of community
service, as determined by the court, | ||
shall
be imposed for a second violation of subsection (c) | ||
of Section 6-303 of the
Illinois Vehicle Code.
| ||
(4.4) Except as provided in paragraph (4.5) and | ||
paragraph (4.6) of this
subsection (c), a
minimum term of | ||
imprisonment of 30 days or 300 hours of community service, | ||
as
determined by the court, shall
be imposed
for a third or | ||
subsequent violation of Section 6-303 of the Illinois | ||
Vehicle
Code.
| ||
(4.5) A minimum term of imprisonment of 30 days
shall | ||
be imposed for a third violation of subsection (c) of
| ||
Section 6-303 of the Illinois Vehicle Code.
| ||
(4.6) A minimum term of imprisonment of 180 days shall | ||
be imposed for a
fourth or subsequent violation of | ||
subsection (c) of Section 6-303 of the
Illinois Vehicle | ||
Code.
| ||
(5) The court may sentence an offender convicted of a |
business
offense or a petty offense or a corporation or | ||
unincorporated
association convicted of any offense to:
| ||
(A) a period of conditional discharge;
| ||
(B) a fine;
| ||
(C) make restitution to the victim under Section | ||
5-5-6 of this Code.
| ||
(5.1) In addition to any penalties imposed under | ||
paragraph (5) of this
subsection (c), and except as | ||
provided in paragraph (5.2) or (5.3), a person
convicted of | ||
violating subsection (c) of Section 11-907 of the Illinois
| ||
Vehicle Code shall have his or her driver's license, | ||
permit, or privileges
suspended for at least 90 days but | ||
not more than one year, if the violation
resulted in damage | ||
to the property of another person.
| ||
(5.2) In addition to any penalties imposed under | ||
paragraph (5) of this
subsection (c), and except as | ||
provided in paragraph (5.3), a person convicted
of | ||
violating subsection (c) of Section 11-907 of the Illinois | ||
Vehicle Code
shall have his or her driver's license, | ||
permit, or privileges suspended for at
least 180 days but | ||
not more than 2 years, if the violation resulted in injury
| ||
to
another person.
| ||
(5.3) In addition to any penalties imposed under | ||
paragraph (5) of
this
subsection (c), a person convicted of | ||
violating subsection (c) of Section
11-907 of the Illinois | ||
Vehicle Code shall have his or her driver's license,
| ||
permit, or privileges suspended for 2 years, if the | ||
violation resulted in the
death of another person.
| ||
(6) In no case shall an offender be eligible for a | ||
disposition of
probation or conditional discharge for a | ||
Class 1 felony committed while
he was serving a term of | ||
probation or conditional discharge for a felony.
| ||
(7) When a defendant is adjudged a habitual criminal | ||
under Article
33B of the Criminal Code of 1961, the court | ||
shall sentence
the defendant to a term of natural life | ||
imprisonment.
|
(8) When a defendant, over the age of 21 years, is | ||
convicted of a
Class 1 or Class 2 felony, after having | ||
twice been convicted
in any state or
federal court of an | ||
offense that contains the same elements as an offense now
| ||
classified in Illinois as a Class 2 or greater Class felony
| ||
and such charges are
separately brought and tried and arise | ||
out of different series of acts,
such defendant shall be | ||
sentenced as a Class X offender. This paragraph
shall not | ||
apply unless (1) the first felony was committed after the
| ||
effective date of this amendatory Act of 1977; and (2) the | ||
second felony
was committed after conviction on the first; | ||
and (3) the third felony
was committed after conviction on | ||
the second.
A person sentenced as a Class X offender under | ||
this paragraph is not
eligible to apply for treatment as a | ||
condition of probation as provided by
Section 40-10 of the | ||
Alcoholism and Other Drug Abuse and Dependency Act.
| ||
(9) A defendant convicted of a second or subsequent | ||
offense of ritualized
abuse of a child may be sentenced to | ||
a term of natural life imprisonment.
| ||
(10) (Blank).
| ||
(11) The court shall impose a minimum fine of $1,000 | ||
for a first offense
and $2,000 for a second or subsequent | ||
offense upon a person convicted of or
placed on supervision | ||
for battery when the individual harmed was a sports
| ||
official or coach at any level of competition and the act | ||
causing harm to the
sports
official or coach occurred | ||
within an athletic facility or within the immediate | ||
vicinity
of the athletic facility at which the sports | ||
official or coach was an active
participant
of the athletic | ||
contest held at the athletic facility. For the purposes of
| ||
this paragraph (11), "sports official" means a person at an | ||
athletic contest
who enforces the rules of the contest, | ||
such as an umpire or referee; "athletic facility" means an | ||
indoor or outdoor playing field or recreational area where | ||
sports activities are conducted;
and "coach" means a person | ||
recognized as a coach by the sanctioning
authority that |
conducted the sporting event. | ||
(12)
(11) A person may not receive a disposition of | ||
court supervision for a
violation of Section 5-16 of the | ||
Boat Registration and Safety Act if that
person has | ||
previously received a disposition of court supervision for | ||
a
violation of that Section.
| ||
(d) In any case in which a sentence originally imposed is | ||
vacated,
the case shall be remanded to the trial court. The | ||
trial court shall
hold a hearing under Section 5-4-1 of the | ||
Unified Code of Corrections
which may include evidence of the | ||
defendant's life, moral character and
occupation during the | ||
time since the original sentence was passed. The
trial court | ||
shall then impose sentence upon the defendant. The trial
court | ||
may impose any sentence which could have been imposed at the
| ||
original trial subject to Section 5-5-4 of the Unified Code of | ||
Corrections.
If a sentence is vacated on appeal or on | ||
collateral attack due to the
failure of the trier of fact at | ||
trial to determine beyond a reasonable doubt
the
existence of a | ||
fact (other than a prior conviction) necessary to increase the
| ||
punishment for the offense beyond the statutory maximum | ||
otherwise applicable,
either the defendant may be re-sentenced | ||
to a term within the range otherwise
provided or, if the State | ||
files notice of its intention to again seek the
extended | ||
sentence, the defendant shall be afforded a new trial.
| ||
(e) In cases where prosecution for
aggravated criminal | ||
sexual abuse under Section 12-16 of the
Criminal Code of 1961 | ||
results in conviction of a defendant
who was a family member of | ||
the victim at the time of the commission of the
offense, the | ||
court shall consider the safety and welfare of the victim and
| ||
may impose a sentence of probation only where:
| ||
(1) the court finds (A) or (B) or both are appropriate:
| ||
(A) the defendant is willing to undergo a court | ||
approved counseling
program for a minimum duration of 2 | ||
years; or
| ||
(B) the defendant is willing to participate in a | ||
court approved plan
including but not limited to the |
defendant's:
| ||
(i) removal from the household;
| ||
(ii) restricted contact with the victim;
| ||
(iii) continued financial support of the | ||
family;
| ||
(iv) restitution for harm done to the victim; | ||
and
| ||
(v) compliance with any other measures that | ||
the court may
deem appropriate; and
| ||
(2) the court orders the defendant to pay for the | ||
victim's counseling
services, to the extent that the court | ||
finds, after considering the
defendant's income and | ||
assets, that the defendant is financially capable of
paying | ||
for such services, if the victim was under 18 years of age | ||
at the
time the offense was committed and requires | ||
counseling as a result of the
offense.
| ||
Probation may be revoked or modified pursuant to Section | ||
5-6-4; except
where the court determines at the hearing that | ||
the defendant violated a
condition of his or her probation | ||
restricting contact with the victim or
other family members or | ||
commits another offense with the victim or other
family | ||
members, the court shall revoke the defendant's probation and
| ||
impose a term of imprisonment.
| ||
For the purposes of this Section, "family member" and | ||
"victim" shall have
the meanings ascribed to them in Section | ||
12-12 of the Criminal Code of
1961.
| ||
(f) This Article shall not deprive a court in other | ||
proceedings to
order a forfeiture of property, to suspend or | ||
cancel a license, to
remove a person from office, or to impose | ||
any other civil penalty.
| ||
(g) Whenever a defendant is convicted of an offense under | ||
Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | ||
11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | ||
of the Criminal Code of 1961,
the defendant shall undergo | ||
medical testing to
determine whether the defendant has any | ||
sexually transmissible disease,
including a test for infection |
with human immunodeficiency virus (HIV) or
any other identified | ||
causative agent of acquired immunodeficiency syndrome
(AIDS). | ||
Any such medical test shall be performed only by appropriately
| ||
licensed medical practitioners and may include an analysis of | ||
any bodily
fluids as well as an examination of the defendant's | ||
person.
Except as otherwise provided by law, the results of | ||
such test shall be kept
strictly confidential by all medical | ||
personnel involved in the testing and must
be personally | ||
delivered in a sealed envelope to the judge of the court in | ||
which
the conviction was entered for the judge's inspection in | ||
camera. Acting in
accordance with the best interests of the | ||
victim and the public, the judge
shall have the discretion to | ||
determine to whom, if anyone, the results of the
testing may be | ||
revealed. The court shall notify the defendant
of the test | ||
results. The court shall
also notify the victim if requested by | ||
the victim, and if the victim is under
the age of 15 and if | ||
requested by the victim's parents or legal guardian, the
court | ||
shall notify the victim's parents or legal guardian of the test
| ||
results.
The court shall provide information on the | ||
availability of HIV testing
and counseling at Department of | ||
Public Health facilities to all parties to
whom the results of | ||
the testing are revealed and shall direct the State's
Attorney | ||
to provide the information to the victim when possible.
A | ||
State's Attorney may petition the court to obtain the results | ||
of any HIV test
administered under this Section, and the court | ||
shall grant the disclosure if
the State's Attorney shows it is | ||
relevant in order to prosecute a charge of
criminal | ||
transmission of HIV under Section 12-16.2 of the Criminal Code | ||
of 1961
against the defendant. The court shall order that the | ||
cost of any such test
shall be paid by the county and may be | ||
taxed as costs against the convicted
defendant.
| ||
(g-5) When an inmate is tested for an airborne communicable | ||
disease, as
determined by the Illinois Department of Public | ||
Health including but not
limited to tuberculosis, the results | ||
of the test shall be
personally delivered by the warden or his | ||
or her designee in a sealed envelope
to the judge of the court |
in which the inmate must appear for the judge's
inspection in | ||
camera if requested by the judge. Acting in accordance with the
| ||
best interests of those in the courtroom, the judge shall have | ||
the discretion
to determine what if any precautions need to be | ||
taken to prevent transmission
of the disease in the courtroom.
| ||
(h) Whenever a defendant is convicted of an offense under | ||
Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||
defendant shall undergo
medical testing to determine whether | ||
the defendant has been exposed to human
immunodeficiency virus | ||
(HIV) or any other identified causative agent of
acquired | ||
immunodeficiency syndrome (AIDS). Except as otherwise provided | ||
by
law, the results of such test shall be kept strictly | ||
confidential by all
medical personnel involved in the testing | ||
and must be personally delivered in a
sealed envelope to the | ||
judge of the court in which the conviction was entered
for the | ||
judge's inspection in camera. Acting in accordance with the | ||
best
interests of the public, the judge shall have the | ||
discretion to determine to
whom, if anyone, the results of the | ||
testing may be revealed. The court shall
notify the defendant | ||
of a positive test showing an infection with the human
| ||
immunodeficiency virus (HIV). The court shall provide | ||
information on the
availability of HIV testing and counseling | ||
at Department of Public Health
facilities to all parties to | ||
whom the results of the testing are revealed and
shall direct | ||
the State's Attorney to provide the information to the victim | ||
when
possible. A State's Attorney may petition the court to | ||
obtain the results of
any HIV test administered under this | ||
Section, and the court shall grant the
disclosure if the | ||
State's Attorney shows it is relevant in order to prosecute a
| ||
charge of criminal transmission of HIV under Section 12-16.2 of | ||
the Criminal
Code of 1961 against the defendant. The court | ||
shall order that the cost of any
such test shall be paid by the | ||
county and may be taxed as costs against the
convicted | ||
defendant.
| ||
(i) All fines and penalties imposed under this Section for | ||
any violation
of Chapters 3, 4, 6, and 11 of the Illinois |
Vehicle Code, or a similar
provision of a local ordinance, and | ||
any violation
of the Child Passenger Protection Act, or a | ||
similar provision of a local
ordinance, shall be collected and | ||
disbursed by the circuit
clerk as provided under Section 27.5 | ||
of the Clerks of Courts Act.
| ||
(j) In cases when prosecution for any violation of Section | ||
11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | ||
11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||
11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | ||
Code of 1961, any violation of the Illinois Controlled | ||
Substances Act,
or any violation of the Cannabis Control Act , | ||
or any violation of the Methamphetamine Control and Community | ||
Protection Act results in conviction, a
disposition of court | ||
supervision, or an order of probation granted under
Section 10 | ||
of the Cannabis Control Act ,
or Section 410 of the Illinois
| ||
Controlled Substance Act , or Section 70 of the Methamphetamine | ||
Control and Community Protection Act of a defendant, the court | ||
shall determine whether the
defendant is employed by a facility | ||
or center as defined under the Child Care
Act of 1969, a public | ||
or private elementary or secondary school, or otherwise
works | ||
with children under 18 years of age on a daily basis. When a | ||
defendant
is so employed, the court shall order the Clerk of | ||
the Court to send a copy of
the judgment of conviction or order | ||
of supervision or probation to the
defendant's employer by | ||
certified mail.
If the employer of the defendant is a school, | ||
the Clerk of the Court shall
direct the mailing of a copy of | ||
the judgment of conviction or order of
supervision or probation | ||
to the appropriate regional superintendent of schools.
The | ||
regional superintendent of schools shall notify the State Board | ||
of
Education of any notification under this subsection.
| ||
(j-5) A defendant at least 17 years of age who is convicted | ||
of a felony and
who has not been previously convicted of a | ||
misdemeanor or felony and who is
sentenced to a term of | ||
imprisonment in the Illinois Department of Corrections
shall as | ||
a condition of his or her sentence be required by the court to | ||
attend
educational courses designed to prepare the defendant |
for a high school diploma
and to work toward a high school | ||
diploma or to work toward passing the high
school level Test of | ||
General Educational Development (GED) or to work toward
| ||
completing a vocational training program offered by the | ||
Department of
Corrections. If a defendant fails to complete the | ||
educational training
required by his or her sentence during the | ||
term of incarceration, the Prisoner
Review Board shall, as a | ||
condition of mandatory supervised release, require the
| ||
defendant, at his or her own expense, to pursue a course of | ||
study toward a high
school diploma or passage of the GED test. | ||
The Prisoner Review Board shall
revoke the mandatory supervised | ||
release of a defendant who wilfully fails to
comply with this | ||
subsection (j-5) upon his or her release from confinement in a
| ||
penal institution while serving a mandatory supervised release | ||
term; however,
the inability of the defendant after making a | ||
good faith effort to obtain
financial aid or pay for the | ||
educational training shall not be deemed a wilful
failure to | ||
comply. The Prisoner Review Board shall recommit the defendant
| ||
whose mandatory supervised release term has been revoked under | ||
this subsection
(j-5) as provided in Section 3-3-9. This | ||
subsection (j-5) does not apply to a
defendant who has a high | ||
school diploma or has successfully passed the GED
test. This | ||
subsection (j-5) does not apply to a defendant who is | ||
determined by
the court to be developmentally disabled or | ||
otherwise mentally incapable of
completing the educational or | ||
vocational program.
| ||
(k) A court may not impose a sentence or disposition for a
| ||
felony or misdemeanor that requires the defendant to be | ||
implanted or injected
with or to use any form of birth control.
| ||
(l) (A) Except as provided
in paragraph (C) of subsection | ||
(l), whenever a defendant,
who is an alien as defined by | ||
the Immigration and Nationality Act, is convicted
of any | ||
felony or misdemeanor offense, the court after sentencing | ||
the defendant
may, upon motion of the State's Attorney, | ||
hold sentence in abeyance and remand
the defendant to the | ||
custody of the Attorney General of
the United States or his |
or her designated agent to be deported when:
| ||
(1) a final order of deportation has been issued | ||
against the defendant
pursuant to proceedings under | ||
the Immigration and Nationality Act, and
| ||
(2) the deportation of the defendant would not | ||
deprecate the seriousness
of the defendant's conduct | ||
and would not be inconsistent with the ends of
justice.
| ||
Otherwise, the defendant shall be sentenced as | ||
provided in this Chapter V.
| ||
(B) If the defendant has already been sentenced for a | ||
felony or
misdemeanor
offense, or has been placed on | ||
probation under Section 10 of the Cannabis
Control Act ,
or
| ||
Section 410 of the Illinois Controlled Substances Act , or | ||
Section 70 of the Methamphetamine Control and Community | ||
Protection Act , the court
may, upon motion of the State's | ||
Attorney to suspend the
sentence imposed, commit the | ||
defendant to the custody of the Attorney General
of the | ||
United States or his or her designated agent when:
| ||
(1) a final order of deportation has been issued | ||
against the defendant
pursuant to proceedings under | ||
the Immigration and Nationality Act, and
| ||
(2) the deportation of the defendant would not | ||
deprecate the seriousness
of the defendant's conduct | ||
and would not be inconsistent with the ends of
justice.
| ||
(C) This subsection (l) does not apply to offenders who | ||
are subject to the
provisions of paragraph (2) of | ||
subsection (a) of Section 3-6-3.
| ||
(D) Upon motion of the State's Attorney, if a defendant | ||
sentenced under
this Section returns to the jurisdiction of | ||
the United States, the defendant
shall be recommitted to | ||
the custody of the county from which he or she was
| ||
sentenced.
Thereafter, the defendant shall be brought | ||
before the sentencing court, which
may impose any sentence | ||
that was available under Section 5-5-3 at the time of
| ||
initial sentencing. In addition, the defendant shall not be | ||
eligible for
additional good conduct credit for |
meritorious service as provided under
Section 3-6-6.
| ||
(m) A person convicted of criminal defacement of property | ||
under Section
21-1.3 of the Criminal Code of 1961, in which the | ||
property damage exceeds $300
and the property damaged is a | ||
school building, shall be ordered to perform
community service | ||
that may include cleanup, removal, or painting over the
| ||
defacement.
| ||
(n) The court may sentence a person convicted of a | ||
violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | ||
Code of 1961 (i) to an impact
incarceration program if the | ||
person is otherwise eligible for that program
under Section | ||
5-8-1.1, (ii) to community service, or (iii) if the person is | ||
an
addict or alcoholic, as defined in the Alcoholism and Other | ||
Drug Abuse and
Dependency Act, to a substance or alcohol abuse | ||
program licensed under that
Act.
| ||
(Source: P.A. 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; | ||
92-283, eff. 1-1-02; 92-340, eff. 8-10-01; 92-418, eff. | ||
8-17-01; 92-422, eff. 8-17-01; 92-651, eff. 7-11-02; 92-698, | ||
eff. 7-19-02; 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169, | ||
eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546, | ||
eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800, | ||
eff. 1-1-05; 93-1014, eff. 1-1-05; revised 10-25-04.)
| ||
(730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
| ||
Sec. 5-5-3.2. Factors in Aggravation.
| ||
(a) The following factors shall be accorded weight in favor | ||
of
imposing a term of imprisonment or may be considered by the | ||
court as reasons
to impose a more severe sentence under Section | ||
5-8-1:
| ||
(1) the defendant's conduct caused or threatened | ||
serious harm;
| ||
(2) the defendant received compensation for committing | ||
the offense;
| ||
(3) the defendant has a history of prior delinquency or | ||
criminal activity;
| ||
(4) the defendant, by the duties of his office or by |
his position,
was obliged to prevent the particular offense | ||
committed or to bring
the offenders committing it to | ||
justice;
| ||
(5) the defendant held public office at the time of the | ||
offense,
and the offense related to the conduct of that | ||
office;
| ||
(6) the defendant utilized his professional reputation | ||
or
position in the community to commit the offense, or to | ||
afford
him an easier means of committing it;
| ||
(7) the sentence is necessary to deter others from | ||
committing
the same crime;
| ||
(8) the defendant committed the offense against a | ||
person 60 years of age
or older or such person's property;
| ||
(9) the defendant committed the offense against a | ||
person who is
physically handicapped or such person's | ||
property;
| ||
(10) by reason of another individual's actual or | ||
perceived race, color,
creed, religion, ancestry, gender, | ||
sexual orientation, physical or mental
disability, or | ||
national origin, the defendant committed the offense | ||
against (i)
the person or property
of that individual; (ii) | ||
the person or property of a person who has an
association | ||
with, is married to, or has a friendship with the other | ||
individual;
or (iii) the person or property of a relative | ||
(by blood or marriage) of a
person described in clause (i) | ||
or (ii). For the purposes of this Section,
"sexual | ||
orientation" means heterosexuality, homosexuality, or | ||
bisexuality;
| ||
(11) the offense took place in a place of worship or on | ||
the
grounds of a place of worship, immediately prior to, | ||
during or immediately
following worship services. For | ||
purposes of this subparagraph, "place of
worship" shall | ||
mean any church, synagogue or other building, structure or
| ||
place used primarily for religious worship;
| ||
(12) the defendant was convicted of a felony committed | ||
while he was
released on bail or his own recognizance |
pending trial for a prior felony
and was convicted of such | ||
prior felony, or the defendant was convicted of a
felony | ||
committed while he was serving a period of probation,
| ||
conditional discharge, or mandatory supervised release | ||
under subsection (d)
of Section 5-8-1
for a prior felony;
| ||
(13) the defendant committed or attempted to commit a | ||
felony while he
was wearing a bulletproof vest. For the | ||
purposes of this paragraph (13), a
bulletproof vest is any | ||
device which is designed for the purpose of
protecting the | ||
wearer from bullets, shot or other lethal projectiles;
| ||
(14) the defendant held a position of trust or | ||
supervision such as, but
not limited to, family member as | ||
defined in Section 12-12 of the Criminal Code
of 1961, | ||
teacher, scout leader, baby sitter, or day care worker, in
| ||
relation to a victim under 18 years of age, and the | ||
defendant committed an
offense in violation of Section | ||
11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, | ||
12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
| ||
against
that victim;
| ||
(15) the defendant committed an offense related to the | ||
activities of an
organized gang. For the purposes of this | ||
factor, "organized gang" has the
meaning ascribed to it in | ||
Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||
Act;
| ||
(16) the defendant committed an offense in violation of | ||
one of the
following Sections while in a school, regardless | ||
of the time of day or time of
year; on any conveyance | ||
owned, leased, or contracted by a school to transport
| ||
students to or from school or a school related activity; on | ||
the real property
of a school; or on a public way within | ||
1,000 feet of the real property
comprising any school: | ||
Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
| ||
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||
12-6, 12-6.1, 12-13,
12-14, 12-14.1, 12-15, 12-16, 18-2, or | ||
33A-2 of the Criminal Code of
1961;
| ||
(16.5) the defendant committed an offense in violation |
of one of the
following Sections while in a day care | ||
center, regardless of the time of day or
time of year; on | ||
the real property of a day care center, regardless of the | ||
time
of day or time of year; or on a public
way within | ||
1,000 feet of the real property comprising any day care | ||
center,
regardless of the time of day or time of year:
| ||
Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, | ||
11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||
12-6,
12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or | ||
33A-2 of the Criminal
Code of 1961;
| ||
(17) the defendant committed the offense by reason of | ||
any person's
activity as a community policing volunteer or | ||
to prevent any person from
engaging in activity as a | ||
community policing volunteer. For the purpose of
this | ||
Section, "community policing volunteer" has the meaning | ||
ascribed to it in
Section 2-3.5 of the Criminal Code of | ||
1961;
| ||
(18) the defendant committed the offense in a nursing | ||
home or on the
real
property comprising a nursing home. For | ||
the purposes of this paragraph (18),
"nursing home" means a | ||
skilled nursing
or intermediate long term care facility | ||
that is subject to license by the
Illinois Department of | ||
Public Health under the Nursing Home Care
Act; or
| ||
(19) the defendant was a federally licensed firearm | ||
dealer
and
was
previously convicted of a violation of | ||
subsection (a) of Section 3 of the
Firearm Owners | ||
Identification Card Act and has now committed either a | ||
felony
violation
of the Firearm Owners Identification Card | ||
Act or an act of armed violence while
armed
with a firearm.
| ||
For the purposes of this Section:
| ||
"School" is defined as a public or private
elementary or | ||
secondary school, community college, college, or university.
| ||
"Day care center" means a public or private State certified | ||
and
licensed day care center as defined in Section 2.09 of the | ||
Child Care Act of
1969 that displays a sign in plain view | ||
stating that the
property is a day care center.
|
(b) The following factors may be considered by the court as
| ||
reasons to impose an extended term sentence under Section 5-8-2
| ||
upon any offender:
| ||
(1) When a defendant is convicted of any felony, after | ||
having
been previously convicted in Illinois or any other | ||
jurisdiction of the
same or similar class felony or greater | ||
class felony, when such conviction
has occurred within 10 | ||
years after the
previous conviction, excluding time spent | ||
in custody, and such charges are
separately brought and | ||
tried and arise out of different series of acts; or
| ||
(2) When a defendant is convicted of any felony and the | ||
court
finds that the offense was accompanied by | ||
exceptionally brutal
or heinous behavior indicative of | ||
wanton cruelty; or
| ||
(3) When a defendant is convicted of voluntary | ||
manslaughter, second
degree murder, involuntary | ||
manslaughter or reckless homicide in which the
defendant | ||
has been convicted of causing the death of more than one | ||
individual; or
| ||
(4) When a defendant is convicted of any felony | ||
committed against:
| ||
(i) a person under 12 years of age at the time of | ||
the offense or such
person's property;
| ||
(ii) a person 60 years of age or older at the time | ||
of the offense or
such person's property; or
| ||
(iii) a person physically handicapped at the time | ||
of the offense or
such person's property; or
| ||
(5) In the case of a defendant convicted of aggravated | ||
criminal sexual
assault or criminal sexual assault, when | ||
the court finds that
aggravated criminal sexual assault or | ||
criminal sexual assault
was also committed on the same | ||
victim by one or more other individuals,
and the defendant | ||
voluntarily participated in the crime with the knowledge
of | ||
the participation of the others in the crime, and the | ||
commission of the
crime was part of a single course of | ||
conduct during which there was no
substantial change in the |
nature of the criminal objective; or
| ||
(6) When a defendant is convicted of any felony and the | ||
offense
involved any of the following types of specific | ||
misconduct committed as
part of a ceremony, rite, | ||
initiation, observance, performance, practice or
activity | ||
of any actual or ostensible religious, fraternal, or social | ||
group:
| ||
(i) the brutalizing or torturing of humans or | ||
animals;
| ||
(ii) the theft of human corpses;
| ||
(iii) the kidnapping of humans;
| ||
(iv) the desecration of any cemetery, religious, | ||
fraternal, business,
governmental, educational, or | ||
other building or property; or
| ||
(v) ritualized abuse of a child; or
| ||
(7) When a defendant is convicted of first degree | ||
murder, after having
been previously convicted in Illinois | ||
of any offense listed under paragraph
(c)(2) of Section | ||
5-5-3, when such conviction has occurred within 10 years
| ||
after the previous conviction, excluding time spent in | ||
custody,
and such charges are separately brought and tried | ||
and arise out of
different series of acts; or
| ||
(8) When a defendant is convicted of a felony other | ||
than conspiracy and
the court finds that
the felony was | ||
committed under an agreement with 2 or more other persons
| ||
to commit that offense and the defendant, with respect to | ||
the other
individuals, occupied a position of organizer, | ||
supervisor, financier, or any
other position of management | ||
or leadership, and the court further finds that
the felony | ||
committed was related to or in furtherance of the criminal
| ||
activities of an organized gang or was motivated by the | ||
defendant's leadership
in an organized gang; or
| ||
(9) When a defendant is convicted of a felony violation | ||
of Section 24-1
of the Criminal Code of 1961 and the court | ||
finds that the defendant is a member
of an organized gang; | ||
or
|
(10) When a defendant committed the offense using a | ||
firearm with a
laser sight attached to it. For purposes of | ||
this paragraph (10), "laser sight"
has the meaning ascribed | ||
to it in Section 24.6-5 of the Criminal Code of
1961; or
| ||
(11) When a defendant who was at least 17 years of age | ||
at the
time of
the commission of the offense is convicted | ||
of a felony and has been previously
adjudicated a | ||
delinquent minor under the Juvenile Court Act of 1987 for | ||
an act
that if committed by an adult would be a Class X or | ||
Class 1 felony when the
conviction has occurred within 10 | ||
years after the previous adjudication,
excluding time | ||
spent in custody; or
| ||
(12) When a defendant commits an offense involving the | ||
illegal
manufacture of a controlled substance under | ||
Section 401 of the Illinois
Controlled Substances Act , the | ||
illegal manufacture of methamphetamine under Section 25 of | ||
the Methamphetamine Control and Community Protection Act,
| ||
or the illegal possession of explosives and an
emergency | ||
response
officer in
the performance of his or her duties is
| ||
killed or injured at the scene of the offense while | ||
responding to the
emergency caused by the commission of the | ||
offense.
In this paragraph (12),
"emergency" means a | ||
situation in which a person's life, health, or safety is
in | ||
jeopardy; and
"emergency response officer" means a peace | ||
officer, community policing
volunteer, fireman, emergency | ||
medical
technician-ambulance, emergency medical | ||
technician-intermediate, emergency
medical | ||
technician-paramedic, ambulance
driver, other medical | ||
assistance or first aid personnel, or hospital emergency
| ||
room personnel.
| ||
(b-1) For the purposes of this Section, "organized gang" | ||
has the meaning
ascribed to it in Section 10 of the Illinois | ||
Streetgang Terrorism Omnibus
Prevention Act.
| ||
(c) The court may impose an extended term sentence under | ||
Section 5-8-2
upon any offender who was convicted of aggravated | ||
criminal sexual assault
or predatory criminal sexual assault of |
a child under subsection (a)(1) of
Section 12-14.1 of
the | ||
Criminal Code of 1961
where the victim was under 18 years of | ||
age at the time of the commission
of the offense.
| ||
(d) The court may impose an extended term sentence under | ||
Section 5-8-2 upon
any offender who was convicted of unlawful | ||
use of weapons under Section 24-1 of
the Criminal Code of 1961 | ||
for possessing a weapon that is not readily
distinguishable as | ||
one of the weapons enumerated in Section 24-1 of the
Criminal | ||
Code of 1961.
| ||
(Source: P.A. 91-119, eff. 1-1-00; 91-120, eff. 7-15-99; | ||
91-252, eff. 1-1-00;
91-267, eff. 1-1-00; 91-268, eff. 1-1-00; | ||
91-357, eff. 7-29-99; 91-437, eff.
1-1-00; 91-696, eff. | ||
4-13-00; 92-266, eff. 1-1-02.)
| ||
(730 ILCS 5/5-6-2) (from Ch. 38, par. 1005-6-2)
| ||
Sec. 5-6-2. Incidents of Probation and of Conditional | ||
Discharge.
| ||
(a) When an offender is sentenced to probation or | ||
conditional discharge,
the court shall impose a period under | ||
paragraph (b) of this Section, and
shall specify the conditions | ||
under Section 5-6-3.
| ||
(b) Unless terminated sooner as provided in paragraph (c) | ||
of this
Section or extended pursuant to paragraph (e) of this | ||
Section, the
period of probation or conditional discharge shall | ||
be as
follows:
| ||
(1) for a Class 1 or Class 2 felony, not to exceed 4 | ||
years;
| ||
(2) for a Class 3 or Class 4 felony, not to exceed 30 | ||
months;
| ||
(3) for a misdemeanor, not to exceed 2 years;
| ||
(4) for a petty offense, not to exceed 6 months.
| ||
Multiple terms of probation imposed at the same time shall | ||
run
concurrently.
| ||
(c) The court may at any time terminate probation or | ||
conditional
discharge if warranted by the conduct of the | ||
offender and the ends of
justice, as provided in Section 5-6-4.
|
(d) Upon the expiration or termination of the period of | ||
probation or
of conditional discharge, the court shall enter an | ||
order discharging the
offender.
| ||
(e) The court may extend any period of probation or | ||
conditional
discharge beyond the limits set forth in paragraph | ||
(b) of this Section upon
a violation of a condition of the | ||
probation or conditional discharge, for the
payment of an | ||
assessment required by Section 10.3 of the
Cannabis Control | ||
Act ,
or Section 411.2 of the Illinois Controlled
Substances | ||
Act , or Section 80 of the Methamphetamine Control and Community | ||
Protection Act , or for the payment of restitution as
provided | ||
by an order of restitution under Section 5-5-6 of this Code. | ||
(f) The court may impose a term of probation that is | ||
concurrent or consecutive to a term of imprisonment so long as | ||
the maximum term imposed does not exceed the maximum term | ||
provided under Article 8 of this Chapter. The court may provide | ||
that probation may commence while an offender is on mandatory | ||
supervised release, participating in a day release program, or | ||
being monitored by an electronic monitoring device.
| ||
(Source: P.A. 93-1014, eff. 1-1-05.)
| ||
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
| ||
Sec. 5-6-3. Conditions of Probation and of Conditional | ||
Discharge.
| ||
(a) The conditions of probation and of conditional | ||
discharge shall be
that the person:
| ||
(1) not violate any criminal statute of any | ||
jurisdiction;
| ||
(2) report to or appear in person before such person or | ||
agency as
directed by the court;
| ||
(3) refrain from possessing a firearm or other | ||
dangerous weapon;
| ||
(4) not leave the State without the consent of the | ||
court or, in
circumstances in which the reason for the | ||
absence is of such an emergency
nature that prior consent | ||
by the court is not possible, without the prior
|
notification and approval of the person's probation
| ||
officer. Transfer of a person's probation or conditional | ||
discharge
supervision to another state is subject to | ||
acceptance by the other state
pursuant to the Interstate | ||
Compact for Adult Offender Supervision;
| ||
(5) permit the probation officer to visit
him at his | ||
home or elsewhere
to the extent necessary to discharge his | ||
duties;
| ||
(6) perform no less than 30 hours of community service | ||
and not more than
120 hours of community service, if | ||
community service is available in the
jurisdiction and is | ||
funded and approved by the county board where the offense
| ||
was committed, where the offense was related to or in | ||
furtherance of the
criminal activities of an organized gang | ||
and was motivated by the offender's
membership in or | ||
allegiance to an organized gang. The community service | ||
shall
include, but not be limited to, the cleanup and | ||
repair of any damage caused by
a violation of Section | ||
21-1.3 of the Criminal Code of 1961 and similar damage
to | ||
property located within the municipality or county in which | ||
the violation
occurred. When possible and reasonable, the | ||
community service should be
performed in the offender's | ||
neighborhood. For purposes of this Section,
"organized | ||
gang" has the meaning ascribed to it in Section 10 of the | ||
Illinois
Streetgang Terrorism Omnibus Prevention Act;
| ||
(7) if he or she is at least 17 years of age and has | ||
been sentenced to
probation or conditional discharge for a | ||
misdemeanor or felony in a county of
3,000,000 or more | ||
inhabitants and has not been previously convicted of a
| ||
misdemeanor or felony, may be required by the sentencing | ||
court to attend
educational courses designed to prepare the | ||
defendant for a high school diploma
and to work toward a | ||
high school diploma or to work toward passing the high
| ||
school level Test of General Educational Development (GED) | ||
or to work toward
completing a vocational training program | ||
approved by the court. The person on
probation or |
conditional discharge must attend a public institution of
| ||
education to obtain the educational or vocational training | ||
required by this
clause (7). The court shall revoke the | ||
probation or conditional discharge of a
person who wilfully | ||
fails to comply with this clause (7). The person on
| ||
probation or conditional discharge shall be required to pay | ||
for the cost of the
educational courses or GED test, if a | ||
fee is charged for those courses or
test. The court shall | ||
resentence the offender whose probation or conditional
| ||
discharge has been revoked as provided in Section 5-6-4. | ||
This clause (7) does
not apply to a person who has a high | ||
school diploma or has successfully passed
the GED test. | ||
This clause (7) does not apply to a person who is | ||
determined by
the court to be developmentally disabled or | ||
otherwise mentally incapable of
completing the educational | ||
or vocational program;
| ||
(8) if convicted of possession of a substance | ||
prohibited
by the Cannabis Control Act , the
or Illinois | ||
Controlled Substances Act , or the Methamphetamine Control | ||
and Community Protection Act
after a previous conviction or | ||
disposition of supervision for possession of a
substance | ||
prohibited by the Cannabis Control Act or Illinois | ||
Controlled
Substances Act or after a sentence of probation | ||
under Section 10 of the
Cannabis
Control Act ,
or Section | ||
410 of the Illinois Controlled Substances Act , or Section | ||
70 of the Methamphetamine Control and Community Protection | ||
Act and upon a
finding by the court that the person is | ||
addicted, undergo treatment at a
substance abuse program | ||
approved by the court;
| ||
(8.5) if convicted of a felony sex offense as defined | ||
in the Sex
Offender
Management Board Act, the person shall | ||
undergo and successfully complete sex
offender treatment | ||
by a treatment provider approved by the Board and conducted
| ||
in conformance with the standards developed under the Sex
| ||
Offender Management Board Act; and
| ||
(9) if convicted of a felony, physically surrender at a |
time and place
designated by the court, his or her Firearm
| ||
Owner's Identification Card and
any and all firearms in
his | ||
or her possession.
| ||
(b) The Court may in addition to other reasonable | ||
conditions relating to the
nature of the offense or the | ||
rehabilitation of the defendant as determined for
each | ||
defendant in the proper discretion of the Court require that | ||
the person:
| ||
(1) serve a term of periodic imprisonment under Article | ||
7 for a
period not to exceed that specified in paragraph | ||
(d) of Section 5-7-1;
| ||
(2) pay a fine and costs;
| ||
(3) work or pursue a course of study or vocational | ||
training;
| ||
(4) undergo medical, psychological or psychiatric | ||
treatment; or treatment
for drug addiction or alcoholism;
| ||
(5) attend or reside in a facility established for the | ||
instruction
or residence of defendants on probation;
| ||
(6) support his dependents;
| ||
(7) and in addition, if a minor:
| ||
(i) reside with his parents or in a foster home;
| ||
(ii) attend school;
| ||
(iii) attend a non-residential program for youth;
| ||
(iv) contribute to his own support at home or in a | ||
foster home;
| ||
(v) with the consent of the superintendent of the
| ||
facility, attend an educational program at a facility | ||
other than the school
in which the
offense was | ||
committed if he
or she is convicted of a crime of | ||
violence as
defined in
Section 2 of the Crime Victims | ||
Compensation Act committed in a school, on the
real
| ||
property
comprising a school, or within 1,000 feet of | ||
the real property comprising a
school;
| ||
(8) make restitution as provided in Section 5-5-6 of | ||
this Code;
| ||
(9) perform some reasonable public or community |
service;
| ||
(10) serve a term of home confinement. In addition to | ||
any other
applicable condition of probation or conditional | ||
discharge, the
conditions of home confinement shall be that | ||
the offender:
| ||
(i) remain within the interior premises of the | ||
place designated for
his confinement during the hours | ||
designated by the court;
| ||
(ii) admit any person or agent designated by the | ||
court into the
offender's place of confinement at any | ||
time for purposes of verifying
the offender's | ||
compliance with the conditions of his confinement; and
| ||
(iii) if further deemed necessary by the court or | ||
the
Probation or
Court Services Department, be placed | ||
on an approved
electronic monitoring device, subject | ||
to Article 8A of Chapter V;
| ||
(iv) for persons convicted of any alcohol, | ||
cannabis or controlled
substance violation who are | ||
placed on an approved monitoring device as a
condition | ||
of probation or conditional discharge, the court shall | ||
impose a
reasonable fee for each day of the use of the | ||
device, as established by the
county board in | ||
subsection (g) of this Section, unless after | ||
determining the
inability of the offender to pay the | ||
fee, the court assesses a lesser fee or no
fee as the | ||
case may be. This fee shall be imposed in addition to | ||
the fees
imposed under subsections (g) and (i) of this | ||
Section. The fee shall be
collected by the clerk of the | ||
circuit court. The clerk of the circuit
court shall pay | ||
all monies collected from this fee to the county | ||
treasurer
for deposit in the substance abuse services | ||
fund under Section 5-1086.1 of
the Counties Code; and
| ||
(v) for persons convicted of offenses other than | ||
those referenced in
clause (iv) above and who are | ||
placed on an approved monitoring device as a
condition | ||
of probation or conditional discharge, the court shall |
impose
a reasonable fee for each day of the use of the | ||
device, as established by the
county board in | ||
subsection (g) of this Section, unless after | ||
determining the
inability of the defendant to pay the | ||
fee, the court assesses a lesser fee or
no fee as the | ||
case may be. This fee shall be imposed in addition to | ||
the fees
imposed under subsections (g) and (i) of this | ||
Section. The fee
shall be collected by the clerk of the | ||
circuit court. The clerk of the circuit
court shall pay | ||
all monies collected from this fee
to the county | ||
treasurer who shall use the monies collected to defray | ||
the
costs of corrections. The county treasurer shall | ||
deposit the fee
collected in the county working cash | ||
fund under Section 6-27001 or Section
6-29002 of the | ||
Counties Code, as the case may be.
| ||
(11) comply with the terms and conditions of an order | ||
of protection issued
by the court pursuant to the Illinois | ||
Domestic Violence Act of 1986,
as now or hereafter amended, | ||
or an order of protection issued by the court of
another | ||
state, tribe, or United States territory. A copy of the | ||
order of
protection shall be
transmitted to the probation | ||
officer or agency
having responsibility for the case;
| ||
(12) reimburse any "local anti-crime program" as | ||
defined in Section 7
of the Anti-Crime Advisory Council Act | ||
for any reasonable expenses incurred
by the program on the | ||
offender's case, not to exceed the maximum amount of
the | ||
fine authorized for the offense for which the defendant was | ||
sentenced;
| ||
(13) contribute a reasonable sum of money, not to | ||
exceed the maximum
amount of the fine authorized for the
| ||
offense for which the defendant was sentenced, to a "local | ||
anti-crime
program", as defined in Section 7 of the | ||
Anti-Crime Advisory Council Act;
| ||
(14) refrain from entering into a designated | ||
geographic area except upon
such terms as the court finds | ||
appropriate. Such terms may include
consideration of the |
purpose of the entry, the time of day, other persons
| ||
accompanying the defendant, and advance approval by a
| ||
probation officer, if
the defendant has been placed on | ||
probation or advance approval by the
court, if the | ||
defendant was placed on conditional discharge;
| ||
(15) refrain from having any contact, directly or | ||
indirectly, with
certain specified persons or particular | ||
types of persons, including but not
limited to members of | ||
street gangs and drug users or dealers;
| ||
(16) refrain from having in his or her body the | ||
presence of any illicit
drug prohibited by the Cannabis | ||
Control Act ,
or the Illinois Controlled
Substances Act , or | ||
the Methamphetamine Control and Community Protection Act , | ||
unless prescribed by a physician, and submit samples of
his | ||
or her blood or urine or both for tests to determine the | ||
presence of any
illicit drug.
| ||
(c) The court may as a condition of probation or of | ||
conditional
discharge require that a person under 18 years of | ||
age found guilty of any
alcohol, cannabis or controlled | ||
substance violation, refrain from acquiring
a driver's license | ||
during
the period of probation or conditional discharge. If | ||
such person
is in possession of a permit or license, the court | ||
may require that
the minor refrain from driving or operating | ||
any motor vehicle during the
period of probation or conditional | ||
discharge, except as may be necessary in
the course of the | ||
minor's lawful employment.
| ||
(d) An offender sentenced to probation or to conditional | ||
discharge
shall be given a certificate setting forth the | ||
conditions thereof.
| ||
(e) Except where the offender has committed a fourth or | ||
subsequent
violation of subsection (c) of Section 6-303 of the | ||
Illinois Vehicle Code,
the court shall not require as a | ||
condition of the sentence of
probation or conditional discharge | ||
that the offender be committed to a
period of imprisonment in | ||
excess of 6 months.
This 6 month limit shall not include | ||
periods of confinement given pursuant to
a sentence of county |
impact incarceration under Section 5-8-1.2.
This 6 month limit | ||
does not apply to a person sentenced to probation as a
result | ||
of a conviction of a fourth or subsequent violation of | ||
subsection (c-4)
of Section 11-501 of the Illinois Vehicle Code | ||
or a similar provision of a
local ordinance.
| ||
Persons committed to imprisonment as a condition of | ||
probation or
conditional discharge shall not be committed to | ||
the Department of
Corrections.
| ||
(f) The court may combine a sentence of periodic | ||
imprisonment under
Article 7 or a sentence to a county impact | ||
incarceration program under
Article 8 with a sentence of | ||
probation or conditional discharge.
| ||
(g) An offender sentenced to probation or to conditional | ||
discharge and
who during the term of either undergoes mandatory | ||
drug or alcohol testing,
or both, or is assigned to be placed | ||
on an approved electronic monitoring
device, shall be ordered | ||
to pay all costs incidental to such mandatory drug
or alcohol | ||
testing, or both, and all costs
incidental to such approved | ||
electronic monitoring in accordance with the
defendant's | ||
ability to pay those costs. The county board with
the | ||
concurrence of the Chief Judge of the judicial
circuit in which | ||
the county is located shall establish reasonable fees for
the | ||
cost of maintenance, testing, and incidental expenses related | ||
to the
mandatory drug or alcohol testing, or both, and all | ||
costs incidental to
approved electronic monitoring, involved | ||
in a successful probation program
for the county. The | ||
concurrence of the Chief Judge shall be in the form of
an | ||
administrative order.
The fees shall be collected by the clerk | ||
of the circuit court. The clerk of
the circuit court shall pay | ||
all moneys collected from these fees to the county
treasurer | ||
who shall use the moneys collected to defray the costs of
drug | ||
testing, alcohol testing, and electronic monitoring.
The | ||
county treasurer shall deposit the fees collected in the
county | ||
working cash fund under Section 6-27001 or Section 6-29002 of | ||
the
Counties Code, as the case may be.
| ||
(h) Jurisdiction over an offender may be transferred from |
the
sentencing court to the court of another circuit with the | ||
concurrence of
both courts. Further transfers or retransfers of
| ||
jurisdiction are also
authorized in the same manner. The court | ||
to which jurisdiction has been
transferred shall have the same | ||
powers as the sentencing court.
| ||
(i) The court shall impose upon an offender
sentenced to | ||
probation after January 1, 1989 or to conditional discharge
| ||
after January 1, 1992 or to community service under the | ||
supervision of a
probation or court services department after | ||
January 1, 2004, as a condition of such probation or | ||
conditional
discharge or supervised community service, a fee of | ||
$50
for each month of probation or
conditional
discharge | ||
supervision or supervised community service ordered by the | ||
court, unless after
determining the inability of the person | ||
sentenced to probation or conditional
discharge or supervised | ||
community service to pay the
fee, the court assesses a lesser | ||
fee. The court may not impose the fee on a
minor who is made a | ||
ward of the State under the Juvenile Court Act of 1987
while | ||
the minor is in placement.
The fee shall be imposed only upon
| ||
an offender who is actively supervised by the
probation and | ||
court services
department. The fee shall be collected by the | ||
clerk
of the circuit court. The clerk of the circuit court | ||
shall pay all monies
collected from this fee to the county | ||
treasurer for deposit in the
probation and court services fund | ||
under Section 15.1 of the
Probation and Probation Officers Act.
| ||
A circuit court may not impose a probation fee under this | ||
subsection (i) in excess of $25
per month unless: (1) the | ||
circuit court has adopted, by administrative
order issued by | ||
the chief judge, a standard probation fee guide
determining an | ||
offender's ability to pay, under guidelines developed by
the | ||
Administrative
Office of the Illinois Courts; and (2) the | ||
circuit court has authorized, by
administrative order issued by | ||
the chief judge, the creation of a Crime
Victim's Services | ||
Fund, to be administered by the Chief Judge or his or
her | ||
designee, for services to crime victims and their families. Of | ||
the
amount collected as a probation fee, up to $5 of that fee
|
collected per month may be used to provide services to crime | ||
victims
and their families.
| ||
This amendatory Act of the 93rd General Assembly deletes | ||
the $10 increase in the fee under this subsection that was | ||
imposed by Public Act 93-616. This deletion is intended to | ||
control over any other Act of the 93rd General Assembly that | ||
retains or incorporates that fee increase. | ||
(i-5) In addition to the fees imposed under subsection (i) | ||
of this Section, in the case of an offender convicted of a | ||
felony sex offense (as defined in the Sex Offender Management | ||
Board Act) or an offense that the court or probation department | ||
has determined to be sexually motivated (as defined in the Sex | ||
Offender Management Board Act), the court or the probation | ||
department shall assess additional fees to pay for all costs of | ||
treatment, assessment, evaluation for risk and treatment, and | ||
monitoring the offender, based on that offender's ability to | ||
pay those costs either as they occur or under a payment plan. | ||
(j) All fines and costs imposed under this Section for any | ||
violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||
Code, or a similar
provision of a local ordinance, and any | ||
violation of the Child Passenger
Protection Act, or a similar | ||
provision of a local ordinance, shall be
collected and | ||
disbursed by the circuit clerk as provided under Section 27.5
| ||
of the Clerks of Courts Act.
| ||
(k) Any offender who is sentenced to probation or | ||
conditional discharge for a felony sex offense as defined in | ||
the Sex Offender Management Board Act or any offense that the | ||
court or probation department has determined to be sexually | ||
motivated as defined in the Sex Offender Management Board Act | ||
shall be required to refrain from any contact, directly or | ||
indirectly, with any persons specified by the court and shall | ||
be available for all evaluations and treatment programs | ||
required by the court or the probation department.
| ||
(Source: P.A. 92-282, eff. 8-7-01; 92-340, eff. 8-10-01; | ||
92-418, eff. 8-17-01; 92-442, eff. 8-17-01; 92-571, eff. | ||
6-26-02; 92-651, eff. 7-11-02; 93-475, eff. 8-8-03; 93-616, |
eff. 1-1-04; 93-970, eff. 8-20-04.)
| ||
(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
| ||
Sec. 5-6-3.1. Incidents and Conditions of Supervision.
| ||
(a) When a defendant is placed on supervision, the court | ||
shall enter
an order for supervision specifying the period of | ||
such supervision, and
shall defer further proceedings in the | ||
case until the conclusion of the
period.
| ||
(b) The period of supervision shall be reasonable under all | ||
of the
circumstances of the case, but may not be longer than 2 | ||
years, unless the
defendant has failed to pay the assessment | ||
required by Section 10.3 of the
Cannabis Control Act ,
or
| ||
Section 411.2 of the Illinois Controlled
Substances Act, or | ||
Section 80 of the Methamphetamine Control and Community | ||
Protection Act, in which case the court may extend supervision | ||
beyond 2 years.
Additionally, the court shall order the | ||
defendant to perform no less than 30
hours of community service | ||
and not more than 120 hours of community service, if
community | ||
service is available in the
jurisdiction and is funded and | ||
approved by the county board where the offense
was committed,
| ||
when the offense (1) was
related to or in furtherance of the | ||
criminal activities of an organized gang or
was motivated by | ||
the defendant's membership in or allegiance to an organized
| ||
gang; or (2) is a violation of any Section of Article 24 of the | ||
Criminal
Code of 1961 where a disposition of supervision is not | ||
prohibited by Section
5-6-1 of this Code.
The
community service | ||
shall include, but not be limited to, the cleanup and repair
of | ||
any damage caused by violation of Section 21-1.3 of the | ||
Criminal Code of
1961 and similar damages to property located | ||
within the municipality or county
in which the violation | ||
occurred. Where possible and reasonable, the community
service | ||
should be performed in the offender's neighborhood.
| ||
For the purposes of this
Section, "organized gang" has the | ||
meaning ascribed to it in Section 10 of the
Illinois Streetgang | ||
Terrorism Omnibus Prevention Act.
| ||
(c) The court may in addition to other reasonable |
conditions
relating to the nature of the offense or the | ||
rehabilitation of the
defendant as determined for each | ||
defendant in the proper discretion of
the court require that | ||
the person:
| ||
(1) make a report to and appear in person before or | ||
participate with
the court or such courts, person, or | ||
social service agency as directed
by the court in the order | ||
of supervision;
| ||
(2) pay a fine and costs;
| ||
(3) work or pursue a course of study or vocational | ||
training;
| ||
(4) undergo medical, psychological or psychiatric | ||
treatment; or
treatment for drug addiction or alcoholism;
| ||
(5) attend or reside in a facility established for the | ||
instruction
or residence of defendants on probation;
| ||
(6) support his dependents;
| ||
(7) refrain from possessing a firearm or other | ||
dangerous weapon;
| ||
(8) and in addition, if a minor:
| ||
(i) reside with his parents or in a foster home;
| ||
(ii) attend school;
| ||
(iii) attend a non-residential program for youth;
| ||
(iv) contribute to his own support at home or in a | ||
foster home; or
| ||
(v) with the consent of the superintendent of the
| ||
facility, attend an educational program at a facility | ||
other than the school
in which the
offense was | ||
committed if he
or she is placed on supervision for a | ||
crime of violence as
defined in
Section 2 of the Crime | ||
Victims Compensation Act committed in a school, on the
| ||
real
property
comprising a school, or within 1,000 feet | ||
of the real property comprising a
school;
| ||
(9) make restitution or reparation in an amount not to | ||
exceed actual
loss or damage to property and pecuniary loss | ||
or make restitution under Section
5-5-6 to a domestic | ||
violence shelter. The court shall
determine the amount and |
conditions of payment;
| ||
(10) perform some reasonable public or community | ||
service;
| ||
(11) comply with the terms and conditions of an order | ||
of protection
issued by the court pursuant to the Illinois | ||
Domestic Violence Act of 1986 or
an order of protection | ||
issued by the court of another state, tribe, or United
| ||
States territory.
If the court has ordered the defendant to | ||
make a report and appear in
person under paragraph (1) of | ||
this subsection, a copy of the order of
protection shall be | ||
transmitted to the person or agency so designated
by the | ||
court;
| ||
(12) reimburse any "local anti-crime program" as | ||
defined in Section 7 of
the Anti-Crime Advisory Council Act | ||
for any reasonable expenses incurred by the
program on the | ||
offender's case, not to exceed the maximum amount of the
| ||
fine authorized for the offense for which the defendant was | ||
sentenced;
| ||
(13) contribute a reasonable sum of money, not to
| ||
exceed the maximum amount of the fine authorized for the | ||
offense for which
the defendant was sentenced, to a "local | ||
anti-crime program", as defined
in Section 7 of the | ||
Anti-Crime Advisory Council Act;
| ||
(14) refrain from entering into a designated | ||
geographic area except
upon such terms as the court finds | ||
appropriate. Such terms may include
consideration of the | ||
purpose of the entry, the time of day, other persons
| ||
accompanying the defendant, and advance approval by a | ||
probation officer;
| ||
(15) refrain from having any contact, directly or | ||
indirectly, with
certain specified persons or particular | ||
types of person, including but not
limited to members of | ||
street gangs and drug users or dealers;
| ||
(16) refrain from having in his or her body the | ||
presence of any illicit
drug prohibited by the Cannabis | ||
Control Act ,
or the Illinois Controlled
Substances Act , or |
the Methamphetamine Control and Community Protection Act , | ||
unless prescribed by a physician, and submit samples of
his | ||
or her blood or urine or both for tests to determine the | ||
presence of any
illicit drug;
| ||
(17) refrain from operating any motor vehicle not | ||
equipped with an
ignition interlock device as defined in | ||
Section 1-129.1 of the Illinois
Vehicle Code. Under this | ||
condition the court may allow a defendant who is not
| ||
self-employed to operate a vehicle owned by the defendant's | ||
employer that is
not equipped with an ignition interlock | ||
device in the course and scope of the
defendant's | ||
employment.
| ||
(d) The court shall defer entering any judgment on the | ||
charges
until the conclusion of the supervision.
| ||
(e) At the conclusion of the period of supervision, if the | ||
court
determines that the defendant has successfully complied | ||
with all of the
conditions of supervision, the court shall | ||
discharge the defendant and
enter a judgment dismissing the | ||
charges.
| ||
(f) Discharge and dismissal upon a successful conclusion of | ||
a
disposition of supervision shall be deemed without | ||
adjudication of guilt
and shall not be termed a conviction for | ||
purposes of disqualification or
disabilities imposed by law | ||
upon conviction of a crime. Two years after the
discharge and | ||
dismissal under this Section, unless the disposition of
| ||
supervision was for a violation of Sections 3-707, 3-708, | ||
3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | ||
similar
provision of a local ordinance, or for a violation of | ||
Sections 12-3.2
or 16A-3 of the Criminal Code of 1961, in which | ||
case it shall be 5
years after discharge and dismissal, a | ||
person may have his record
of arrest sealed or expunged as may | ||
be provided by law. However, any
defendant placed on | ||
supervision before January 1, 1980, may move for
sealing or | ||
expungement of his arrest record, as provided by law, at any
| ||
time after discharge and dismissal under this Section.
A person | ||
placed on supervision for a sexual offense committed against a |
minor
as defined in subsection (g) of Section 5 of the Criminal | ||
Identification Act
or for a violation of Section 11-501 of the | ||
Illinois Vehicle Code or a
similar provision of a local | ||
ordinance
shall not have his or her record of arrest sealed or | ||
expunged.
| ||
(g) A defendant placed on supervision and who during the | ||
period of
supervision undergoes mandatory drug or alcohol | ||
testing, or both, or is
assigned to be placed on an approved | ||
electronic monitoring device, shall be
ordered to pay the costs | ||
incidental to such mandatory drug or alcohol
testing, or both, | ||
and costs incidental to such approved electronic
monitoring in | ||
accordance with the defendant's ability to pay those costs.
The | ||
county board with the concurrence of the Chief Judge of the | ||
judicial
circuit in which the county is located shall establish | ||
reasonable fees for
the cost of maintenance, testing, and | ||
incidental expenses related to the
mandatory drug or alcohol | ||
testing, or both, and all costs incidental to
approved | ||
electronic monitoring, of all defendants placed on | ||
supervision.
The concurrence of the Chief Judge shall be in the | ||
form of an
administrative order.
The fees shall be collected by | ||
the clerk of the circuit court. The clerk of
the circuit court | ||
shall pay all moneys collected from these fees to the county
| ||
treasurer who shall use the moneys collected to defray the | ||
costs of
drug testing, alcohol testing, and electronic | ||
monitoring.
The county treasurer shall deposit the fees | ||
collected in the
county working cash fund under Section 6-27001 | ||
or Section 6-29002 of the
Counties Code, as the case may be.
| ||
(h) A disposition of supervision is a final order for the | ||
purposes
of appeal.
| ||
(i) The court shall impose upon a defendant placed on | ||
supervision
after January 1, 1992 or to community service under | ||
the supervision of a
probation or court services department | ||
after January 1, 2004, as a condition
of supervision or | ||
supervised community service, a fee of $50 for
each month of | ||
supervision or supervised community service ordered by the
| ||
court, unless after
determining the inability of the person |
placed on supervision or supervised
community service to pay | ||
the
fee, the court assesses a lesser fee. The court may not | ||
impose the fee on a
minor who is made a ward of the State under | ||
the Juvenile Court Act of 1987
while the minor is in placement.
| ||
The fee shall be imposed only upon a
defendant who is actively | ||
supervised by the
probation and court services
department. The | ||
fee shall be collected by the clerk of the circuit court.
The | ||
clerk of the circuit court shall pay all monies collected from | ||
this fee
to the county treasurer for deposit in the probation | ||
and court services
fund pursuant to Section 15.1 of the | ||
Probation and
Probation Officers Act.
| ||
A circuit court may not impose a probation fee in excess of | ||
$25
per month unless: (1) the circuit court has adopted, by | ||
administrative
order issued by the chief judge, a standard | ||
probation fee guide
determining an offender's ability to pay, | ||
under guidelines developed by
the Administrative
Office of the | ||
Illinois Courts; and (2) the circuit court has authorized, by
| ||
administrative order issued by the chief judge, the creation of | ||
a Crime
Victim's Services Fund, to be administered by the Chief | ||
Judge or his or
her designee, for services to crime victims and | ||
their families. Of the
amount collected as a probation fee, not | ||
to exceed $5 of that fee
collected per month may be used to | ||
provide services to crime victims
and their families.
| ||
(j) All fines and costs imposed under this Section for any
| ||
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||
Code, or a
similar provision of a local ordinance, and any | ||
violation of the Child
Passenger Protection Act, or a similar | ||
provision of a local ordinance, shall
be collected and | ||
disbursed by the circuit clerk as provided under Section
27.5 | ||
of the Clerks of Courts Act.
| ||
(k) A defendant at least 17 years of age who is placed on | ||
supervision
for a misdemeanor in a county of 3,000,000 or more | ||
inhabitants
and who has not been previously convicted of a | ||
misdemeanor or felony
may as a condition of his or her | ||
supervision be required by the court to
attend educational | ||
courses designed to prepare the defendant for a high school
|
diploma and to work toward a high school diploma or to work | ||
toward passing the
high school level Test of General | ||
Educational Development (GED) or to work
toward completing a | ||
vocational training program approved by the court. The
| ||
defendant placed on supervision must attend a public | ||
institution of education
to obtain the educational or | ||
vocational training required by this subsection
(k). The | ||
defendant placed on supervision shall be required to pay for | ||
the cost
of the educational courses or GED test, if a fee is | ||
charged for those courses
or test. The court shall revoke the | ||
supervision of a person who wilfully fails
to comply with this | ||
subsection (k). The court shall resentence the defendant
upon | ||
revocation of supervision as provided in Section 5-6-4. This | ||
subsection
(k) does not apply to a defendant who has a high | ||
school diploma or has
successfully passed the GED test. This | ||
subsection (k) does not apply to a
defendant who is determined | ||
by the court to be developmentally disabled or
otherwise | ||
mentally incapable of completing the
educational or vocational | ||
program.
| ||
(l) The court shall require a defendant placed on | ||
supervision for
possession of a substance
prohibited by the | ||
Cannabis Control Act , the
or Illinois Controlled Substances | ||
Act , or the Methamphetamine Control and Community Protection | ||
Act
after a previous conviction or disposition of supervision | ||
for possession of a
substance prohibited by the Cannabis | ||
Control Act , the
or Illinois Controlled
Substances Act , or the | ||
Methamphetamine Control and Community Protection Act or a | ||
sentence of probation under Section 10 of the Cannabis
Control | ||
Act or Section 410 of the Illinois Controlled Substances Act
| ||
and after a finding by the court that the person is addicted, | ||
to undergo
treatment at a substance abuse program approved by | ||
the court.
| ||
(m) The Secretary of State shall require anyone placed on | ||
court supervision
for a
violation of Section 3-707 of the | ||
Illinois Vehicle Code or a similar provision
of a local | ||
ordinance
to give proof of his or her financial
responsibility |
as
defined in Section 7-315 of the Illinois Vehicle Code. The | ||
proof shall be
maintained by the individual in a manner | ||
satisfactory to the Secretary of State
for
a
minimum period of | ||
one year after the date the proof is first filed.
The proof | ||
shall be limited to a single action per arrest and may not be
| ||
affected by any post-sentence disposition. The Secretary of | ||
State shall
suspend the driver's license of any person
| ||
determined by the Secretary to be in violation of this | ||
subsection. | ||
(n) Any offender placed on supervision for any offense that | ||
the court or probation department has determined to be sexually | ||
motivated as defined in the Sex Offender Management Board Act | ||
shall be required to refrain from any contact, directly or | ||
indirectly, with any persons specified by the court and shall | ||
be available for all evaluations and treatment programs | ||
required by the court or the probation department.
| ||
(Source: P.A. 92-282, eff. 8-7-01; 92-458, eff. 8-22-01; | ||
92-651, eff. 7-11-02; 93-475, eff. 8-8-03; 93-970, eff. | ||
8-20-04.)
| ||
(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
| ||
Sec. 5-8-4. Concurrent and Consecutive Terms of | ||
Imprisonment.
| ||
(a) When multiple sentences of imprisonment are imposed on | ||
a
defendant at the same time, or when a term of imprisonment is
| ||
imposed on a defendant who is already subject to sentence in
| ||
this State or in another state, or for a sentence imposed by
| ||
any district court of the United States, the sentences shall
| ||
run concurrently or consecutively as determined by the court.
| ||
When a term of imprisonment is imposed on a defendant by an | ||
Illinois circuit
court and the defendant is subsequently | ||
sentenced to a term of imprisonment
by another state or by a | ||
district court of the United States, the Illinois
circuit court | ||
which imposed the sentence may order that the Illinois sentence
| ||
be made concurrent with the sentence imposed by the other state | ||
or district
court of the United States. The defendant must |
apply to the circuit court
within 30 days after the defendant's | ||
sentence imposed by the other state
or district of the United | ||
States is finalized.
The court shall impose consecutive | ||
sentences if:
| ||
(i) one of the offenses for which
defendant was | ||
convicted was first degree murder or a Class X or Class 1 | ||
felony
and the
defendant inflicted severe bodily injury, or
| ||
(ii) the defendant was
convicted of a violation of | ||
Section 12-13, 12-14, or 12-14.1 of
the Criminal Code of
| ||
1961, or
| ||
(iii) the defendant was convicted of armed violence | ||
based upon
the predicate offense of solicitation of murder, | ||
solicitation of murder for
hire, heinous battery, | ||
aggravated battery of a senior citizen, criminal sexual
| ||
assault, a violation of subsection (g) of Section 5 of the | ||
Cannabis Control
Act, cannabis trafficking, a violation of | ||
subsection (a) of Section 401 of
the Illinois Controlled | ||
Substances Act, controlled substance trafficking
involving | ||
a Class X felony amount of controlled substance under | ||
Section 401 of
the Illinois Controlled Substances Act, a | ||
violation of the Methamphetamine Control and Community | ||
Protection Act,
calculated criminal drug conspiracy, or | ||
streetgang criminal drug
conspiracy, or
| ||
(iv) the defendant was convicted of the offense of | ||
leaving the
scene of a motor vehicle accident involving | ||
death or personal
injuries under Section 11-401 and either: | ||
(A) aggravated driving under the
influence of alcohol, | ||
other drug or drugs, or intoxicating compound
or compounds, | ||
or any combination thereof under Section 11-501 of
the | ||
Illinois Vehicle Code, or (B) reckless homicide under | ||
Section 9-3 of
the Criminal Code of 1961, or both an | ||
offense described in subdivision (A) and
an offense | ||
described in subdivision (B), or | ||
(v) the defendant was convicted of a violation of | ||
Section 9-3.1 (concealment of homicidal death) or Section | ||
12-20.5 (dismembering a human body) of the Criminal Code of |
1961,
| ||
in which event the
court shall enter sentences to run | ||
consecutively. Sentences shall
run concurrently unless | ||
otherwise specified by the court.
| ||
(b) Except in cases where consecutive sentences are | ||
mandated, the court
shall impose concurrent sentences unless,
| ||
having regard to the nature and circumstances of the offense
| ||
and the history and character of the defendant, it is of the
| ||
opinion that consecutive sentences are required to
protect the | ||
public
from further criminal conduct by the defendant, the | ||
basis for
which the court shall set forth in the record.
| ||
(c) (1) For sentences imposed under law in effect prior to
| ||
February 1, 1978 the aggregate
maximum of consecutive | ||
sentences shall not exceed the maximum
term authorized | ||
under Section 5-8-1 for the 2 most serious
felonies | ||
involved. The aggregate minimum period of consecutive
| ||
sentences shall not exceed the highest minimum term | ||
authorized
under Section 5-8-1 for the 2 most serious | ||
felonies involved.
When sentenced only for misdemeanors, a | ||
defendant shall not
be consecutively sentenced to more than | ||
the maximum for one
Class A misdemeanor.
| ||
(2) For sentences imposed under the law
in effect on or | ||
after February 1, 1978, the aggregate
of consecutive | ||
sentences for offenses that were committed as part of a | ||
single
course of conduct during which there was no | ||
substantial change in the nature of
the criminal objective | ||
shall not exceed the sum of the
maximum terms authorized | ||
under Section 5-8-2 for the 2 most
serious felonies | ||
involved, but no such limitation shall apply for offenses
| ||
that were not committed as part of a single course of | ||
conduct during which
there was no substantial change in the | ||
nature of the criminal objective.
When sentenced only for | ||
misdemeanors,
a defendant shall not be consecutively | ||
sentenced to more than
the maximum for one Class A | ||
misdemeanor.
| ||
(d) An offender serving a sentence for a misdemeanor who is
|
convicted of a felony and sentenced to imprisonment shall be
| ||
transferred to the Department of Corrections, and the
| ||
misdemeanor sentence shall be merged in and run concurrently
| ||
with the felony sentence.
| ||
(e) In determining the manner in which consecutive | ||
sentences
of imprisonment, one or more of which is for a | ||
felony, will be
served, the Department of Corrections shall | ||
treat the offender
as though he had been committed for a single | ||
term with the
following incidents:
| ||
(1) the maximum period of a term of imprisonment shall
| ||
consist of the aggregate of the maximums of the imposed
| ||
indeterminate terms, if any, plus the aggregate of the
| ||
imposed determinate sentences for felonies plus
the | ||
aggregate of the imposed determinate sentences for | ||
misdemeanors
subject to paragraph (c) of this Section;
| ||
(2) the parole or mandatory supervised release term | ||
shall be
as provided in paragraph (e) of Section 5-8-1 of | ||
this Code for
the most serious of the offenses involved;
| ||
(3) the minimum period of imprisonment shall be the
| ||
aggregate of the minimum and determinate periods of | ||
imprisonment
imposed by the court, subject to paragraph (c) | ||
of this Section; and
| ||
(4) the offender shall be awarded credit against the
| ||
aggregate maximum term and the aggregate minimum term of
| ||
imprisonment for all time served in an institution since | ||
the
commission of the offense or offenses and as a | ||
consequence
thereof at the rate specified in Section 3-6-3 | ||
of this Code.
| ||
(f) A sentence of an offender committed to the Department | ||
of
Corrections at the time of the commission of the offense | ||
shall be served
consecutive to the sentence under which he is | ||
held by the Department of
Corrections. However, in case such | ||
offender shall be sentenced to
punishment by death, the | ||
sentence shall be executed at such time as the
court may fix | ||
without regard to the sentence under which such offender
may be | ||
held by the Department.
|
(g) A sentence under Section 3-6-4 for escape or attempted | ||
escape
shall be served consecutive to the terms under which the | ||
offender is
held by the Department of Corrections.
| ||
(h) If a person charged with a felony commits a separate | ||
felony while
on pre-trial release or in pretrial detention in a | ||
county jail facility
or county detention facility, the | ||
sentences imposed upon conviction of these
felonies shall be | ||
served consecutively regardless of the order in which the
| ||
judgments of conviction are entered.
| ||
(i) If a person admitted to bail following conviction of a | ||
felony
commits a separate felony while free on bond or if a | ||
person detained in a
county jail facility or county detention | ||
facility following conviction of a
felony commits a separate | ||
felony while in detention, any sentence following
conviction of | ||
the separate felony shall be consecutive to that of the
| ||
original sentence for which the defendant was on bond or | ||
detained.
| ||
(Source: P.A. 92-16, eff. 6-28-01; 92-674, eff. 1-1-03; 93-160, | ||
eff. 7-10-03; 93-768, eff. 7-20-04.)
| ||
(730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)
| ||
Sec. 5-9-1. Authorized fines.
| ||
(a) An offender may be sentenced to pay a
fine which shall | ||
not exceed for each offense:
| ||
(1) for a felony, $25,000 or the amount specified in | ||
the
offense,
whichever is greater, or where the offender is | ||
a corporation, $50,000 or
the amount specified in the | ||
offense, whichever is greater;
| ||
(2) for a Class A misdemeanor, $2,500 or the amount
| ||
specified in the
offense, whichever is greater;
| ||
(3) for a Class B or Class C misdemeanor, $1,500;
| ||
(4) for a petty offense, $1,000 or the amount specified | ||
in
the offense,
whichever is less;
| ||
(5) for a business offense, the amount specified in the | ||
statute defining
that offense.
| ||
(b) A fine may be imposed in addition to a sentence of |
conditional
discharge, probation, periodic imprisonment, or | ||
imprisonment.
| ||
(c) There shall be added to every fine imposed in | ||
sentencing for a
criminal or traffic offense, except an offense | ||
relating to parking or
registration, or offense by a | ||
pedestrian, an additional penalty of $5 for
each $40, or | ||
fraction thereof, of fine imposed.
The additional penalty of $5 | ||
for each $40, or fraction thereof, of fine
imposed, if not | ||
otherwise assessed, shall also be added to every fine
imposed | ||
upon a plea of guilty, stipulation of facts or findings of | ||
guilty,
resulting in a judgment of conviction, or order of | ||
supervision in criminal,
traffic, local ordinance, county | ||
ordinance, and conservation cases (except
parking, | ||
registration, or pedestrian violations), or upon
a sentence of | ||
probation without entry of judgment under Section 10 of the
| ||
Cannabis Control Act ,
or Section 410 of the Controlled | ||
Substances Act , or Section 70 of the Methamphetamine Control | ||
and Community Protection Act .
| ||
Such additional amounts shall be assessed by the court | ||
imposing
the fine and shall be collected by the Circuit Clerk | ||
in addition to the
fine and costs in the case. Each such | ||
additional penalty shall be
remitted by the Circuit Clerk | ||
within one month after receipt to the State
Treasurer. The | ||
State Treasurer shall deposit $1 for each $40, or fraction
| ||
thereof, of fine imposed into the LEADS Maintenance Fund. The | ||
remaining
surcharge amount shall be deposited into the Traffic | ||
and Criminal Conviction
Surcharge
Fund, unless the fine, costs | ||
or additional amounts are subject to
disbursement by the | ||
circuit clerk under Section 27.5 of the Clerks of
Courts Act. | ||
Such additional penalty shall not be considered a part of the | ||
fine
for purposes of any reduction in the fine for time served | ||
either before or
after sentencing.
Not later than March 1 of | ||
each year the Circuit Clerk
shall submit a report of the amount | ||
of funds remitted to the State
Treasurer under this subsection | ||
(c) during the preceding calendar year.
Except as otherwise | ||
provided by Supreme Court Rules, if a court in imposing
a fine |
against an offender levies a gross
amount for fine, costs, fees | ||
and penalties, the amount of the additional
penalty provided | ||
for herein shall be computed on the amount remaining after
| ||
deducting from the gross amount levied all fees of the Circuit | ||
Clerk, the
State's Attorney and the Sheriff. After deducting | ||
from the gross amount
levied the fees and additional penalty | ||
provided for herein, less any other
additional penalties | ||
provided by law, the clerk shall remit the net balance
| ||
remaining to the entity authorized by law to receive the fine | ||
imposed in
the case. For purposes of this Section "fees of the | ||
Circuit Clerk" shall
include, if applicable, the fee provided | ||
for under Section 27.3a of the
Clerks of Courts Act and the | ||
fee, if applicable, payable to the county in
which the | ||
violation occurred pursuant to Section 5-1101 of the Counties | ||
Code.
| ||
(c-5) In addition to the fines imposed by subsection (c), | ||
any person
convicted or receiving an order of supervision for | ||
driving under the influence
of alcohol or drugs shall pay an | ||
additional $100 fee to the clerk.
This
additional fee, less 2 | ||
1/2% that shall be
used to defray administrative costs incurred | ||
by the clerk, shall be remitted by
the clerk to the Treasurer | ||
within 60 days after receipt for deposit into the
Trauma Center | ||
Fund. This additional fee of $100 shall not be
considered a | ||
part of
the
fine for purposes of any reduction in the fine for | ||
time served either before or
after sentencing.
Not later than | ||
March 1 of each year the Circuit Clerk
shall submit a report of | ||
the amount of funds remitted to the State
Treasurer under this | ||
subsection (c-5) during the preceding calendar year.
| ||
The Circuit Clerk may accept payment of fines and costs by | ||
credit card
from an offender who has been convicted of a | ||
traffic offense, petty offense
or misdemeanor and may charge | ||
the service fee permitted where fines and
costs are paid by | ||
credit card provided for in Section 27.3b of the Clerks
of | ||
Courts Act.
| ||
(c-7) In addition to the fines imposed by subsection (c), | ||
any person
convicted or receiving an order of supervision for |
driving under the influence
of alcohol or drugs shall pay an | ||
additional $5 fee to the clerk. This
additional fee, less 2 | ||
1/2% that shall be
used to defray administrative costs incurred | ||
by the clerk, shall be remitted by
the clerk to the Treasurer | ||
within 60 days after receipt for deposit into the
Spinal Cord | ||
Injury Paralysis Cure Research Trust Fund. This additional fee | ||
of
$5 shall not be
considered a part of
the
fine for purposes | ||
of any reduction in the fine for time served either before or
| ||
after sentencing.
Not later than March 1 of each year the | ||
Circuit Clerk
shall submit a report of the amount of funds | ||
remitted to the State
Treasurer under this subsection (c-7) | ||
during the preceding calendar year.
| ||
(c-9) There shall be added to every fine imposed in | ||
sentencing for a
criminal or
traffic offense, except an offense | ||
relating to parking or registration, or
offense by a
| ||
pedestrian, an additional penalty of $4 imposed. The additional | ||
penalty of $4
shall
also be added to every fine imposed upon a | ||
plea of guilty, stipulation of
facts
or findings
of guilty, | ||
resulting in a judgment of conviction, or order of supervision | ||
in
criminal,
traffic, local ordinance, county ordinance, or | ||
conservation cases (except
parking,
registration, or | ||
pedestrian violations), or upon a sentence of probation
without | ||
entry of
judgment under Section 10 of the Cannabis Control Act ,
| ||
or Section 410 of the
Controlled
Substances Act , or Section 70 | ||
of the Methamphetamine Control and Community Protection Act . | ||
Such additional penalty of $4 shall be assessed by the court
| ||
imposing
the fine and shall be collected by the circuit clerk | ||
in addition to any other
fine, costs, fees,
and penalties in | ||
the case. Each such additional penalty of $4 shall be
remitted | ||
to the State Treasurer by the
circuit clerk within one month | ||
after receipt. The State
Treasurer
shall deposit the additional | ||
penalty of $4 into the Traffic and Criminal
Conviction
| ||
Surcharge Fund. The additional penalty of $4 shall be in | ||
addition to any other
fine,
costs, fees, and penalties and | ||
shall not reduce or affect the distribution of
any other fine,
| ||
costs, fees, and penalties.
|
(d) In determining the amount and method of payment of a | ||
fine, except
for those fines established for violations of | ||
Chapter 15 of the Illinois
Vehicle Code, the court shall | ||
consider:
| ||
(1) the financial resources and future ability of the | ||
offender to pay
the fine; and
| ||
(2) whether the fine will prevent the offender from | ||
making court ordered
restitution or reparation to the | ||
victim of the offense; and
| ||
(3) in a case where the accused is a dissolved | ||
corporation and the
court has appointed counsel to | ||
represent the corporation, the costs
incurred either by the | ||
county or the State for such representation.
| ||
(e) The court may order the fine to be paid forthwith or | ||
within a
specified period of time or in installments.
| ||
(f) All fines, costs and additional amounts imposed under | ||
this Section
for any violation of Chapters 3, 4, 6, and 11 of | ||
the Illinois Vehicle Code,
or a similar provision of a local | ||
ordinance, and any violation of the Child
Passenger Protection | ||
Act, or a similar provision of a local ordinance,
shall be | ||
collected and disbursed by the circuit clerk as provided under
| ||
Section 27.5 of the Clerks of Courts Act.
| ||
(Source: P.A. 92-431, eff. 1-1-02; 93-32, eff. 6-20-03.)
| ||
(730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1)
| ||
Sec. 5-9-1.1. Drug related offenses.
| ||
(a) When a person has been adjudged guilty of a drug | ||
related
offense involving possession or delivery of cannabis or | ||
possession or delivery
of a controlled substance as defined in | ||
the Cannabis Control Act, as amended,
or the Illinois | ||
Controlled Substances Act, or the Methamphetamine Control and | ||
Community Protection Act
as amended , in addition to any
other | ||
penalty imposed, a fine shall be levied by the court at not | ||
less than
the full street value of the cannabis or controlled | ||
substances seized.
| ||
"Street value" shall be determined by the court on the |
basis of testimony
of law enforcement personnel and the | ||
defendant as to the amount seized and
such testimony as may be | ||
required by the court as to the current street
value of the | ||
cannabis or controlled substance seized.
| ||
(b) In addition to any penalty imposed under subsection (a) | ||
of this
Section, a fine of $100 shall be levied by the court, | ||
the proceeds of which
shall be collected by the Circuit Clerk | ||
and remitted to the State Treasurer
under Section 27.6 of the | ||
Clerks of Courts Act for deposit into the Trauma
Center Fund | ||
for distribution as provided under Section 3.225 of the | ||
Emergency
Medical Services (EMS) Systems Act.
| ||
(c) In addition to any penalty imposed under subsection (a) | ||
of this
Section, a fee of $5 shall be assessed by the court, | ||
the proceeds of which
shall be collected by the Circuit Clerk | ||
and remitted to the State Treasurer
under Section 27.6 of the | ||
Clerks of Courts Act for deposit into the Spinal Cord
Injury | ||
Paralysis Cure Research Trust Fund.
This additional fee of $5 | ||
shall not be considered a part of the fine for
purposes of any | ||
reduction in the fine for time served either before or after
| ||
sentencing.
| ||
(Source: P.A. 92-431, eff. 1-1-02.)
| ||
(730 ILCS 5/5-9-1.2) (from Ch. 38, par. 1005-9-1.2)
| ||
Sec. 5-9-1.2. (a) Twelve and one-half percent of all | ||
amounts collected
as fines pursuant to Section 5-9-1.1 shall be | ||
paid into the Youth Drug
Abuse Prevention Fund, which is hereby | ||
created in the State treasury, to be
used by the Department of | ||
Human Services
for the funding of
programs and services for | ||
drug-abuse treatment, and prevention and
education services, | ||
for juveniles.
| ||
(b) Eighty-seven and one-half percent of the proceeds of | ||
all fines
received pursuant to Section 5-9-1.1 shall be | ||
transmitted to and deposited
in the treasurer's office at the | ||
level of government as follows:
| ||
(1) If such seizure was made by a combination of law | ||
enforcement
personnel representing differing units of |
local government, the court
levying the fine shall | ||
equitably allocate 50% of the fine among these units
of | ||
local government and shall allocate 37 1/2% to the county | ||
general
corporate fund. In the event that the seizure was | ||
made by law enforcement
personnel representing a unit of | ||
local government from a municipality where
the number of | ||
inhabitants exceeds 2 million in population, the court
| ||
levying the fine shall allocate 87 1/2% of the fine to that | ||
unit of local
government. If the seizure was made by a | ||
combination of law enforcement
personnel representing | ||
differing units of local government, and at least
one of | ||
those units represents a municipality where the number of
| ||
inhabitants exceeds 2 million in population, the court | ||
shall equitably
allocate 87 1/2% of the proceeds of the | ||
fines received among the differing
units of local | ||
government.
| ||
(2) If such seizure was made by State law enforcement | ||
personnel, then
the court shall allocate 37 1/2% to the | ||
State treasury and 50% to the
county general corporate | ||
fund.
| ||
(3) If a State law enforcement agency in combination | ||
with a law
enforcement agency or agencies of a unit or | ||
units of local government
conducted the seizure, the court | ||
shall equitably allocate 37 1/2% of the
fines to or among | ||
the law enforcement agency or agencies of the unit or
units | ||
of local government which conducted the seizure and shall | ||
allocate
50% to the county general corporate fund.
| ||
(c) The proceeds of all fines allocated to the law | ||
enforcement agency or
agencies of the unit or units of local | ||
government pursuant to subsection
(b) shall be made available | ||
to that law enforcement agency as expendable
receipts for use | ||
in the enforcement of laws regulating controlled
substances and | ||
cannabis. The proceeds of fines awarded to the State
treasury | ||
shall be deposited in a special fund known as the Drug Traffic
| ||
Prevention Fund. Monies from this fund may be used by the | ||
Department of
State Police for use in the enforcement of laws |
regulating controlled
substances and cannabis; to satisfy | ||
funding provisions of the
Intergovernmental Drug Laws | ||
Enforcement Act; and to defray costs and
expenses
associated | ||
with returning violators of the Cannabis Control Act ,
and the
| ||
Illinois Controlled Substances Act , and the Methamphetamine | ||
Control and Community Protection Act only, as provided in those | ||
Acts, when
punishment of the crime shall be confinement of the | ||
criminal in the
penitentiary. Moneys in the Drug Traffic | ||
Prevention Fund deposited from
fines
awarded
as a direct result | ||
of enforcement efforts of the Illinois Conservation Police
may | ||
be used by the Department of Natural Resources Office of Law
| ||
Enforcement for use in enforcing laws regulating controlled | ||
substances
and cannabis on Department of Natural Resources | ||
regulated lands and
waterways. All other monies shall be paid | ||
into the general revenue
fund in the State treasury.
| ||
(Source: P.A. 92-601, eff. 7-1-02.)
| ||
(730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)
| ||
Sec. 5-9-1.4. (a) "Crime laboratory" means any | ||
not-for-profit
laboratory registered with the Drug Enforcement | ||
Administration of the
United States Department of Justice, | ||
substantially funded by a unit or
combination of units of local | ||
government or the State of Illinois, which
regularly employs at | ||
least one person engaged in the analysis
of controlled | ||
substances, cannabis , methamphetamine, or steroids for | ||
criminal justice
agencies in criminal matters and provides | ||
testimony with respect to such
examinations.
| ||
(b) When a person has been adjudged guilty of an offense in | ||
violation of
the Cannabis Control Act, the Illinois Controlled | ||
Substances Act , the Methamphetamine Control and Community | ||
Protection Act, or the
Steroid Control Act, in addition to any | ||
other disposition, penalty or fine
imposed, a criminal | ||
laboratory analysis fee of $100 for each
offense for
which he | ||
was convicted shall be levied by the court. Any person placed | ||
on
probation pursuant to Section 10 of the Cannabis Control | ||
Act, Section 410
of the Illinois Controlled Substances Act , |
Section 70 of the Methamphetamine Control and Community | ||
Protection Act, or Section 10 of the Steroid
Control Act or | ||
placed on supervision for a violation of the Cannabis
Control | ||
Act, the Illinois Controlled Substances Act or the Steroid | ||
Control
Act shall be assessed a criminal laboratory analysis | ||
fee of $100
for each
offense for which he was charged.
Upon | ||
verified petition of the person, the court may suspend payment | ||
of
all or part of the fee if it finds that the person does not | ||
have the ability
to pay the fee.
| ||
(c) In addition to any other disposition made pursuant to | ||
the provisions
of the Juvenile Court Act of 1987, any minor | ||
adjudicated delinquent for an
offense
which if committed by an | ||
adult would constitute a violation of the Cannabis
Control Act, | ||
the Illinois Controlled Substances Act , the Methamphetamine | ||
Control and Community Protection Act, or the Steroid Control
| ||
Act shall be assessed a criminal laboratory analysis fee of | ||
$100
for each
adjudication.
Upon verified petition of the | ||
minor, the court may suspend payment of
all or part of the fee | ||
if it finds that the minor does not have the ability
to pay the | ||
fee.
The parent, guardian or legal custodian of the minor may | ||
pay
some or all of such fee on the minor's behalf.
| ||
(d) All criminal laboratory analysis fees provided for by | ||
this Section shall
be collected by the clerk of the court and | ||
forwarded to the appropriate
crime laboratory fund as provided | ||
in subsection (f).
| ||
(e) Crime laboratory funds shall be established as follows:
| ||
(1) Any unit of local government which maintains a | ||
crime laboratory may
establish a crime laboratory fund | ||
within the office of the county or municipal treasurer.
| ||
(2) Any combination of units of local government which | ||
maintains a crime
laboratory may establish a crime | ||
laboratory fund within the office of the
treasurer of the | ||
county where the crime laboratory is situated.
| ||
(3) The State Crime Laboratory Fund is hereby
created | ||
as a special fund in the State Treasury.
| ||
(f) The analysis fee provided for in subsections (b) and |
(c) of this
Section shall be forwarded to the office of the | ||
treasurer of the unit of
local government that performed the | ||
analysis if that unit of local
government has established a | ||
crime laboratory fund, or to the State Crime
Laboratory Fund if | ||
the analysis was performed by a laboratory operated by
the | ||
Illinois State Police. If the analysis was performed by a crime
| ||
laboratory funded by a combination of units of local | ||
government, the
analysis fee shall be forwarded to the | ||
treasurer of the
county where the crime laboratory is situated | ||
if a crime laboratory fund
has been established in that county. | ||
If the unit of local government or
combination of units of | ||
local government has not established a crime
laboratory fund, | ||
then the analysis fee shall be forwarded to the State
Crime | ||
Laboratory Fund. The clerk of the circuit
court may retain the | ||
amount of $10 from each collected analysis fee
to
offset | ||
administrative costs incurred in carrying out the clerk's
| ||
responsibilities under this Section.
| ||
(g) Fees deposited into a crime laboratory fund created | ||
pursuant to
paragraphs (1) or (2) of subsection (e) of this | ||
Section shall be in
addition to any allocations made pursuant | ||
to existing law and shall be
designated for the exclusive use | ||
of the crime laboratory. These uses may
include, but are not | ||
limited to, the following:
| ||
(1) costs incurred in providing analysis for | ||
controlled substances in
connection with criminal | ||
investigations conducted within this State;
| ||
(2) purchase and maintenance of equipment for use in | ||
performing analyses; and
| ||
(3) continuing education, training and professional | ||
development of
forensic
scientists regularly employed by | ||
these laboratories.
| ||
(h) Fees deposited in the State Crime Laboratory Fund | ||
created pursuant
to paragraph (3) of subsection (d) of this | ||
Section shall be used by State
crime laboratories as designated | ||
by the Director of State Police. These
funds shall be in | ||
addition to any allocations made pursuant to existing law
and |
shall be designated for the exclusive use of State crime | ||
laboratories.
These uses may include those enumerated in | ||
subsection (g) of this Section.
| ||
(Source: P.A. 92-312, eff. 1-1-02.)
| ||
Section 1115. The Code of Civil Procedure is amended by | ||
changing Sections 9-118 and 12-903.5 as follows:
| ||
(735 ILCS 5/9-118) (from Ch. 110, par. 9-118)
| ||
Sec. 9-118. Emergency housing eviction proceedings.
| ||
(a) As used in this Section:
| ||
"Cannabis" has the meaning ascribed to that term in the | ||
Cannabis Control Act.
| ||
"Narcotics" and "controlled substance" have the meanings | ||
ascribed to those
terms in the Illinois Controlled Substances | ||
Act.
| ||
(b) This Section applies only if all of the following | ||
conditions are
met:
| ||
(1) The complaint seeks possession of premises that are
| ||
owned or managed by a housing authority established under | ||
the Housing
Authorities Act or privately owned and managed.
| ||
(2) The verified complaint alleges that there is direct
| ||
evidence of any of the following:
| ||
(A) unlawful possessing, serving, storing, | ||
manufacturing, cultivating,
delivering, using, | ||
selling, giving away, or
trafficking in cannabis, | ||
methamphetamine, narcotics, or controlled substances
| ||
within or upon the premises by or with the knowledge | ||
and consent of, or in
concert with the person or | ||
persons named in the complaint; or
| ||
(B) the possession, use, sale, or delivery of a | ||
firearm which is
otherwise prohibited by State law
| ||
within or upon the premises by or with the
knowledge | ||
and consent of, or in concert with, the person or | ||
persons named in
the complaint; or
| ||
(C) murder, attempted murder, kidnapping, |
attempted kidnapping, arson,
attempted arson, | ||
aggravated battery, criminal sexual
assault, attempted | ||
criminal sexual assault, aggravated criminal sexual | ||
assault,
predatory criminal sexual assault of a child, | ||
or criminal sexual abuse
within or upon the premises by | ||
or with the
knowledge and consent of, or in concert | ||
with, the person or persons named in
the complaint.
| ||
(3) Notice by verified complaint setting forth the | ||
relevant facts, and a
demand for possession of the type | ||
specified in Section 9-104 is served on
the tenant or | ||
occupant of the premises at least 14 days before a hearing | ||
on
the complaint is held, and proof of service of the | ||
complaint is submitted
by the plaintiff to the court.
| ||
(b-5) In all actions brought under this Section 9-118, no | ||
predicate notice
of termination or demand for possession shall | ||
be required to initiate an
eviction action.
| ||
(c) When a complaint has been filed under this Section, a | ||
hearing on the
complaint shall be scheduled on any day after | ||
the expiration of 14 days
following the filing of the | ||
complaint. The summons shall advise the defendant
that a | ||
hearing on the complaint shall be held at the specified date | ||
and time,
and that the defendant should be prepared to present | ||
any evidence on his or her
behalf at that time.
| ||
If a plaintiff which is a public housing authority accepts
| ||
rent from the defendant after an action is initiated under this
| ||
Section, the acceptance of rent shall not be a cause for | ||
dismissal of the
complaint.
| ||
(d) If the defendant does not appear at the hearing, | ||
judgment for
possession of the premises in favor of the | ||
plaintiff shall be entered by
default. If the defendant | ||
appears, a trial shall be held immediately as is
prescribed in | ||
other proceedings for possession. The matter shall not be
| ||
continued beyond 7 days from the date set for the first hearing | ||
on the
complaint except by agreement of both the plaintiff and | ||
the defendant. After a
trial, if the court finds, by a | ||
preponderance of the evidence, that the
allegations in the |
complaint have been proven, the court shall enter judgment
for | ||
possession of the premises in favor of the plaintiff and the | ||
court shall
order that the plaintiff shall be entitled to | ||
re-enter the premises
immediately.
| ||
(d-5) If cannabis, methamphetamine, narcotics, or | ||
controlled substances are found or used
anywhere in the | ||
premises, there is a rebuttable presumption either (1) that the
| ||
cannabis, methamphetamine,
narcotics, or controlled substances | ||
were used or possessed by a tenant
or occupant or (2) that a | ||
tenant or occupant permitted the premises to be used
for
that | ||
use or possession, and knew or should have reasonably known | ||
that the
substance was used or possessed.
| ||
(e) A judgment for possession entered under this Section | ||
may not be
stayed for any period in excess of 7 days by the | ||
court. Thereafter the
plaintiff shall be entitled to re-enter | ||
the premises immediately. The sheriff
or other lawfully | ||
deputized officers shall give priority to service and
execution | ||
of orders entered under this Section over other possession | ||
orders.
| ||
(f) This Section shall not be construed to prohibit the use | ||
or possession
of cannabis, methamphetamine, narcotics, or a | ||
controlled substance that has been legally
obtained in | ||
accordance with a valid prescription for the personal use of a
| ||
lawful occupant of a dwelling unit.
| ||
(Source: P.A. 90-557, eff. 6-1-98; 90-768, eff. 8-14-98; | ||
91-504, eff. 8-13-99.)
| ||
(735 ILCS 5/12-903.5)
| ||
Sec. 12-903.5. Drug asset forfeitures.
| ||
(a) The homestead exemption under this Part 9 of Article | ||
XII does not apply
to property subject to forfeiture under | ||
Section 505 of the Illinois Controlled
Substances Act, Section | ||
12 of the Cannabis Control Act, Section 85 of the | ||
Methamphetamine Control and Community Protection Act, or | ||
Section 5 of the
Narcotics Profit Forfeiture Act.
| ||
(b) This Section applies to actions pending on or commenced |
on or after the
effective date of this Section.
| ||
(Source: P.A. 89-404, eff. 8-20-95; 90-593, eff. 6-19-98.)
| ||
Section 1120. The Cannabis and Controlled Substances Tort | ||
Claims Act is amended by changing Sections 2, 4, and 6 as | ||
follows:
| ||
(740 ILCS 20/2) (from Ch. 70, par. 902)
| ||
Sec. 2. Findings and intent.
| ||
(a) The General Assembly finds
that the abuse of cannabis | ||
and controlled substances:
| ||
(1) greatly increases incidents involving crimes of | ||
violence and threats
of crimes of violence;
| ||
(2) causes death or severe and often irreversible
| ||
injuries to newborn children;
| ||
(3) accounts for the commission of the
majority of | ||
property crimes committed within this State;
| ||
(4) causes motor vehicle, job related, and numerous | ||
other types of
accidents that frequently result in death or | ||
permanent injuries;
| ||
(5) contributes to the disintegration of the family;
| ||
(6) interferes with the duty of parents and legal | ||
guardians to provide
for the physical, mental, and | ||
emotional well-being of their unemancipated
children and | ||
with the rights of parents and legal guardians to raise the
| ||
children free from the physical, mental, and emotional | ||
trauma that is
caused by the abuse of cannabis and | ||
controlled substances;
| ||
(7) encourages and fosters the growth of
urban gangs | ||
engaged in violent and nonviolent crime;
| ||
(8) furthers the interests of elements of organized | ||
criminals;
| ||
(9) increases the dropout, truancy, and failure rates | ||
of children
attending schools within this State;
| ||
(10) stifles educational opportunities for both drug | ||
users and nonusers;
|
(11) contributes to the unemployment rate within this | ||
State;
| ||
(12) reduces the productivity of employees, retards | ||
competitiveness
within the established business community, | ||
and hinders the formation and
growth of new businesses;
| ||
(13) reduces the value of real property;
| ||
(14) costs the citizens of this State billions of | ||
dollars in federal,
State, and local taxes for increased | ||
costs for law enforcement, welfare, and education;
| ||
(15) costs the citizens of this State billions of | ||
dollars in increased
costs for consumer goods and services, | ||
insurance premiums, and medical treatment;
| ||
(16) hinders citizens from freely using public parks, | ||
streets, schools,
forest preserves, playgrounds, and other | ||
public areas; and
| ||
(17) contributes to a lower quality of life and | ||
standard of living for
the citizens of this State.
| ||
(b) The General Assembly finds that, in light of the | ||
findings made
in subsection (a), any violation of the Cannabis | ||
Control Act , the Methamphetamine Control and Community | ||
Protection Act, or the
Illinois Controlled Substances Act that | ||
involves the nonconsensual use of
the real or personal property | ||
of another person, whether that person is an
individual or a | ||
governmental or private entity representing a collection of
| ||
individuals, is so injurious to the property interests and the | ||
well-being
of that person that the violation gives rise to a | ||
cause of action sounding
in tort. The General Assembly also | ||
finds that the delivery of a controlled
substance or cannabis | ||
in violation of the Illinois Controlled Substances
Act , the | ||
Methamphetamine Control and Community Protection Act, or the | ||
Cannabis Control Act to an unemancipated minor under the age of
| ||
18 is so injurious to the rights and duties of parents and | ||
legal guardians
relating to the physical, mental, and emotional | ||
well-being of that minor
that the violation also gives rise to | ||
a cause of action sounding in tort.
The General Assembly | ||
further finds that although the damage a person
suffers through |
the nonconsensual use of his property to facilitate such a
| ||
violation or the damage a parent or legal guardian suffers as | ||
the result of
the delivery to the minor of cannabis or a | ||
substance in violation of the
Cannabis Control Act , the | ||
Methamphetamine Control and Community Protection Act, or the | ||
Illinois Controlled Substances Act is often
subtle and | ||
incapable of precise articulation, that damage is nonetheless
| ||
real and substantial. It is therefore the intent of the General | ||
Assembly
to create a cause of action with statutorily | ||
prescribed damages for the
conduct described in this Act.
| ||
(Source: P.A. 87-544.)
| ||
(740 ILCS 20/4) (from Ch. 70, par. 904)
| ||
Sec. 4. Civil liability.
| ||
(a) A person who uses or causes to be used any property | ||
without the
consent of the owner of that property to facilitate | ||
in any manner a
violation of the Cannabis Control Act ,
or the | ||
Illinois Controlled Substances
Act , or the Methamphetamine | ||
Control and Community Protection Act or any inchoate offense | ||
under either of those Acts is liable to the
owner for civil | ||
damages as set forth in this Act.
| ||
(b) A person who delivers or causes to be delivered in | ||
violation of the
Illinois Controlled Substances Act ,
or the | ||
Cannabis Control Act , or the Methamphetamine Control and | ||
Community Protection Act a controlled
substance ,
or cannabis , | ||
or methamphetamine to an unemancipated minor under the age of | ||
18 is
liable to the parent or legal guardian of that minor as | ||
set forth in this Act.
| ||
(c) A person who knowingly delivers or causes to be | ||
delivered cannabis ,
or a controlled or counterfeit substance , | ||
or methamphetamine that is later involved in
a transaction or | ||
activity that gives rise to a cause of action under
subsection | ||
(a) or (b) of this Section is liable under subsection (a) or | ||
(b),
as the case may be, in the same manner and amount as the | ||
person or persons
whose conduct gives immediate rise to the | ||
cause of action.
|
(Source: P.A. 87-544.)
| ||
(740 ILCS 20/6) (from Ch. 70, par. 906)
| ||
Sec. 6. Damages.
| ||
(a) The damages to which an owner of property is entitled | ||
under
subsection (a) of Section 4 shall be based on the highest | ||
classification of
offense prescribed under the Cannabis | ||
Control Act ,
or the Illinois
Controlled Substances Act , or the | ||
Methamphetamine Control and Community Protection Act that | ||
involves the nonconsensual use of his
property in an amount as | ||
follows:
| ||
(1) When the property is used to facilitate the | ||
commission of a Class
B or C misdemeanor, no less than | ||
$1,000.
| ||
(2) When the property is used to facilitate the | ||
commission of a Class
A misdemeanor, no less than $1,500.
| ||
(3) When the property is used to facilitate the | ||
commission of a Class
4 felony, no less than $2,500.
| ||
(4) When the property is used to facilitate the | ||
commission of a Class
3 felony, no less than $5,000.
| ||
(5) When the property is used to facilitate the | ||
commission of a Class
2 felony, no less than $10,000.
| ||
(6) When the property is used to facilitate the | ||
commission of a Class
1 felony, no less than $15,000.
| ||
(7) When the property is used to facilitate the | ||
commission of a Class
X felony, no less than $20,000.
| ||
(b) The damages to which a parent or legal guardian is | ||
entitled under
subsection (b) of Section 4 shall be based on | ||
the highest classification of
offense prescribed under the | ||
Cannabis Control Act ,
or the Illinois Controlled
Substances | ||
Act , or the Methamphetamine Control and Community Protection | ||
Act committed by the person delivering the cannabis or
| ||
controlled substance to the minor in an amount as follows:
| ||
(1) When the delivery is classified as a Class B or C | ||
misdemeanor, no less than $1,500.
| ||
(2) When the delivery is classified as a Class A |
misdemeanor, no less than $2,500.
| ||
(3) When the delivery is classified as a Class 4 | ||
felony, no less than $5,000.
| ||
(4) When the delivery is classified as a Class 3 | ||
felony, no less than $10,000.
| ||
(5) When the delivery is classified as a Class 2 | ||
felony, no less than $15,000.
| ||
(6) When the delivery is classified as a Class 1 | ||
felony, no less than $20,000.
| ||
(7) When the delivery is classified as a Class X | ||
felony, no less than $25,000.
| ||
(c) In addition to the amounts set forth in subsections (a) | ||
and (b), the
owner of the property bringing a cause of action | ||
under subsection (a),
other than a government or a governmental | ||
subdivision or agency, or the
parent or legal guardian of the | ||
minor bringing a cause of action under
subsection (b), may be | ||
entitled to receive punitive damages.
| ||
(d) A party prevailing in a cause of action brought under | ||
this
Act is entitled to reasonable attorneys fees in addition | ||
to
damages awarded under subsections (a), (b), and (c) of this | ||
Section.
| ||
(Source: P.A. 87-544.)
| ||
Section 9999. Effective date. This Act takes effect 30 days | ||
after becoming law. |