State of Illinois
Public Acts
92nd General Assembly

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 92-0442

SB1065 Enrolled                                LRB9201493RCcd

    AN ACT concerning firearms.

    Be it  enacted  by  the  People  of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Firearm Owners Identification  Card  Act
is  amended  by  changing  Sections  3,  4,  6, 10, and 14 as
follows:

    (430 ILCS 65/3) (from Ch. 38, par. 83-3)
    Sec. 3.  (a) Except as provided in Section 3a, no  person
within  this  State  may  knowingly  transfer, or cause to be
transferred, any firearm or any  firearm  ammunition  to  any
person  within  this State unless the transferee with whom he
deals   displays   a   currently   valid   Firearm    Owner's
Identification  Card  which has previously been issued in his
name by the Department of State Police under  the  provisions
of  this Act. In addition, all firearm transfers by federally
licensed firearm dealers are subject to Section 3.1.
    (b)  Any person within this State who transfers or causes
to be transferred any firearm shall keep  a  record  of  such
transfer  for a period of 10 years from the date of transfer.
Such record shall contain  the  date  of  the  transfer;  the
description,  serial  number or other information identifying
the firearm if no serial number is  available;  and,  if  the
transfer  was  completed  within this State, the transferee's
Firearm Owner's Identification Card number. On  demand  of  a
peace  officer  such  transferor shall produce for inspection
such record of transfer.
    (c)  The  provisions  of  this  Section   regarding   the
transfer  of  firearm  ammunition  shall  not  apply to those
persons specified in paragraph (b) of Section 2 of this Act.
(Source: P.A. 87-299.)
    (430 ILCS 65/4) (from Ch. 38, par. 83-4)
    Sec.  4.  (a)  Each  applicant  for  a  Firearm   Owner's
Identification Card must:
         (1)  Make  application  on  blank forms prepared and
    furnished at convenient locations throughout the State by
    the Department of State Police, or by  electronic  means,
    if  and  when  made  available by the Department of State
    Police; and
         (2)  Submit evidence under penalty of perjury to the
    Department of State Police that:
              (i)  He or she is 21 years of age or  over,  or
         if he or she is under 21 years of age that he or she
         has  the  written  consent  of  his or her parent or
         legal guardian to possess and acquire  firearms  and
         firearm ammunition and that he or she has never been
         convicted  of  a  misdemeanor  other  than a traffic
         offense or adjudged delinquent,  provided,  however,
         that  such  parent  or  legal  guardian  is  not  an
         individual  prohibited from having a Firearm Owner's
         Identification Card and files an affidavit with  the
         Department  as  prescribed by the Department stating
         that he or she is not an individual prohibited  from
         having a Card;
              (ii)  He  or  she  has  not been convicted of a
         felony  under  the  laws  of  this  or   any   other
         jurisdiction;
              (iii)  He or she is not addicted to narcotics;
              (iv)  He  or  she  has  not been a patient in a
         mental institution within the past 5 years;
              (v)  He or she is not mentally retarded;
              (vi)  He  or  she  is  not  an  alien  who   is
         unlawfully  present  in  the United States under the
         laws of the United States;
              (vii)  He or she is not subject to an  existing
         order  of  protection  prohibiting  him  or her from
         possessing a firearm;
              (viii)  He or she has not been convicted within
         the past 5 years  of  battery,  assault,  aggravated
         assault,  violation  of an order of protection, or a
         substantially    similar    offense    in    another
         jurisdiction,  in  which  a  firearm  was  used   or
         possessed;
              (ix)  He  or  she  has  not  been  convicted of
         domestic battery or a substantially similar  offense
         in  another  jurisdiction  committed on or after the
         effective date of this amendatory Act of 1997; and
              (x)  He or she has not  been  convicted  within
         the   past   5   years  of  domestic  battery  or  a
         substantially    similar    offense    in    another
         jurisdiction committed before the effective date  of
         this amendatory Act of 1997; and
         (3)  Upon request by the Department of State Police,
    sign  a release on a form prescribed by the Department of
    State Police waiving any  right  to  confidentiality  and
    requesting  the  disclosure  to  the  Department of State
    Police of limited  mental  health  institution  admission
    information from another state, the District of Columbia,
    any  other  territory  of the United States, or a foreign
    nation concerning the applicant for the sole  purpose  of
    determining  whether the applicant is or was a patient in
    a mental health institution and disqualified  because  of
    that    status   from   receiving   a   Firearm   Owner's
    Identification Card.  No mental health care or  treatment
    records may be requested.  The information received shall
    be destroyed within one year of receipt.
    (a-5)  Each    applicant    for    a    Firearm   Owner's
Identification Card who is over the age of 18  shall  furnish
to  the Department of State Police either his or her driver's
license number or Illinois Identification Card number.
    (b)  Each application form shall  include  the  following
statement  printed  in  bold  type:  "Warning: Entering false
information  on  an  application  for   a   Firearm   Owner's
Identification  Card  is  punishable  as  a Class 2 felony in
accordance with subsection (d-5) of Section 14 of the Firearm
Owners Identification  Card  Act.  False  statements  of  the
applicant   shall   result  in  prosecution  for  perjury  in
accordance with Section 32-2 of the Criminal Code of 1961.".
    (c)  Upon such written consent, pursuant  to  Section  4,
paragraph  (a)  (2)  (i), the parent or legal guardian giving
the consent shall be liable for any  damages  resulting  from
the applicant's use of firearms or firearm ammunition.
(Source:  P.A.  90-493,  eff.  1-1-98;  91-514,  eff. 1-1-00;
91-694, eff. 4-13-00.)

    (430 ILCS 65/6) (from Ch. 38, par. 83-6)
    Sec. 6.  Contents of Firearm Owner's Identification Card.
    (a)  A Firearm Owner's Identification Card, issued by the
Department of State Police at such places as the Director  of
the  Department  shall specify, shall contain the applicant's
name, residence, date of birth,  sex,  physical  description,
recent   photograph   and   signature   such  other  personal
identifying information as may be required by  the  Director.
Each  Firearm  Owner's  Identification  Card  must  have  the
expiration  date  boldly  and  conspicuously displayed on the
face of the card.  Each Firearm Owner's  Identification  Card
must  have  printed on it the following: "CAUTION - This card
does not permit bearer to UNLAWFULLY carry or use  firearms."
Before  December  1,  2002, the Department may use a person's
digital photograph and signature from  his  or  her  Illinois
driver's   license   or   Illinois  Identification  Card,  if
available.  On and after December  1,  2002,  the  Department
shall  use  a  person's digital photograph and signature from
his  or   her   Illinois   driver's   license   or   Illinois
Identification  Card,  if  available.   The  Department shall
decline to use a person's digital photograph or signature  if
the  digital  photograph  or  signature  is  the result of or
associated  with  fraudulent  or   erroneous   data,   unless
otherwise provided by law.
    (b)  A    person   applying   for   a   Firearm   Owner's
Identification Card shall consent to the Department of  State
Police  using  the  applicant's  digital  driver's license or
Illinois Identification Card photograph,  if  available,  and
signature  on  the applicant's Firearm Owner's Identification
Card.  The Secretary of State shall allow the  Department  of
State  Police  access to the photograph and signature for the
purpose of identifying  the  applicant  and  issuing  to  the
applicant a Firearm Owner's Identification Card.
    (c)  The  Secretary  of  State  shall  conduct a study to
determine the cost and feasibility of creating  a  method  of
adding  an  identifiable  code, background, or other means on
the driver's license or Illinois Identification Card to  show
that  an  individual  is  not  disqualified  from  owning  or
possessing  a  firearm  under  State  or  federal  law.   The
Secretary  shall  report the findings of this study 12 months
after the effective date of this amendatory Act of  the  92nd
General Assembly.
(Source: P.A. 91-694, eff. 4-13-00.)

    (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 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, 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.
Whenever,  upon  the receipt of such an appeal for a hearing,
the Director is satisfied that substantial  justice  has  not
been  done,  he  may  order  a  hearing  to  be  held  by the
Department upon the denial or revocation.
    (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.
(Source: P.A. 85-920.)

    (430 ILCS 65/14) (from Ch. 38, par. 83-14)
    Sec. 14.  Sentence.
    (a)  A  violation  of  paragraph (1) of subsection (a) of
Section 2, when the person's Firearm  Owner's  Identification
Card  is expired but the person is not otherwise disqualified
from renewing the card, is a Class A misdemeanor.
    (b)  Except as provided in subsection (a) with respect to
an expired card, a violation of paragraph (1)  of  subsection
(a)  of  Section  2  is a Class A misdemeanor when the person
does  not  possess  a   currently   valid   Firearm   Owner's
Identification  Card,  but  is  otherwise eligible under this
Act.  A second or subsequent violation is a Class 4 felony.
    (c)  A violation of paragraph (1) of  subsection  (a)  of
Section 2 is a Class 3 felony when:
         (1)  the  person's  Firearm  Owner's  Identification
    Card is revoked or subject to revocation under Section 8;
    or
         (2)  the  person's  Firearm  Owner's  Identification
    Card  is  expired  and not otherwise eligible for renewal
    under this Act; or
         (3)  the person does not possess a  currently  valid
    Firearm  Owner's  Identification  Card, and the person is
    not otherwise eligible under this Act.
    (d)  A violation of subsection (a)  of  Section  3  is  a
Class 4 felony. A third or subsequent conviction is a Class 1
felony.
    (d-5)  Any  person who knowingly enters false information
on an application for a Firearm Owner's Identification  Card,
who  knowingly  gives  a  false answer to any question on the
application, or  who  knowingly  submits  false  evidence  in
connection with an application is guilty of a Class 2 felony.
    (e)  Any  other  violation  of  this  Act  is  a  Class A
misdemeanor.
(Source: P.A. 91-694, eff. 4-13-00.)

    Section  10.  The Code of Criminal Procedure of  1963  is
amended by changing Section 110-10 as follows:

    (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 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  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;
         (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.   90-399,  eff.  1-1-98;  91-11,  eff.  6-4-99;
91-312, eff.  1-1-00;  91-696,  eff.  4-13-00;  91-903,  eff.
1-1-01.)

    Section   15.  The Unified Code of Corrections is amended
by changing Section 5-6-3 as follows:

    (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;
         (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; and
         (8)   if  convicted  of  possession  of  a substance
    prohibited  by  the  Cannabis  Control  Act  or  Illinois
    Controlled Substances 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 and
    upon  a finding by the court that the person is addicted,
    undergo treatment at a substance abuse  program  approved
    by the court; 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;
         (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,
    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)  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.
    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, or to another state
under  an  Interstate  Probation  Reciprocal   Agreement   as
provided in Section 3-3-11.  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, as a condition of  such  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  person
sentenced  to  probation  or conditional discharge 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.
    (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.
(Source: P.A.   90-14,  eff.  7-1-97;  90-399,  eff.  1-1-98;
90-504, eff.  1-1-98;  90-655,  eff.  7-30-98;  91-325,  eff.
7-29-99; 91-696, eff. 4-13-00; 91-903, eff. 1-1-01.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 22, 2001.
    Approved August 17, 2001.

[ Top ]