Illinois 96th Regular Session Status: Enacted

SB 1310 — CRIMINAL LAW-TECH

Last action — Public Act . . . . . . . . . 96-1551

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 10, 2009. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Criminal Code of 1961. Makes a technical change in a Section concerning the definition of "offense" for the purpose of inchoate offenses.

Bill Text

What changed in the latest version

1285 added · 1285 removed

Plain-language change summary

The recent changes to Bill SB 1310 involve updates to the text that are now part of the legislated version. While the specific content of these additions isn’t detailed here, the change from "Engrossed" to "Enrolled" indicates that the bill has moved further along in the legislative process, likely reflecting final adjustments or confirmations before becoming law. This is important because it signifies that the bill is closer to implementation, which can impact the communities and issues it addresses.

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SB1310 Engrossed LRB096 09456 RLC 19613 b AN ACT concerning criminal law.
SB1310 Enrolled LRB096 09456 RLC 19613 b AN ACT concerning criminal law.
"Bona fide labor dispute" means any controversy concerning wages, salaries, hours, working conditions, or benefits, including health and welfare, sick leave, insurance, and SB1310 Engrossed - 2 - LRB096 09456 RLC 19613 b pension or retirement provisions, the making or maintaining of collective bargaining agreements, and the terms to be included in those agreements.
"Bona fide labor dispute" means any controversy concerning wages, salaries, hours, working conditions, or benefits, including health and welfare, sick leave, insurance, and SB1310 Enrolled - 2 - LRB096 09456 RLC 19613 b pension or retirement provisions, the making or maintaining of collective bargaining agreements, and the terms to be included in those agreements.
SB1310 Engrossed - 3 - LRB096 09456 RLC 19613 b "Park district employee" means a supervisor, director, instructor, or other person employed by a park district.
SB1310 Enrolled - 3 - LRB096 09456 RLC 19613 b "Park district employee" means a supervisor, director, instructor, or other person employed by a park district.
SB1310 Engrossed - 4 - LRB096 09456 RLC 19613 b "Transit passenger" means a passenger of any transportation facility or system engaged in the business of transporting the public for hire, including a passenger using any area designated by a transportation facility or system as a vehicle boarding, departure, or transfer location.
SB1310 Enrolled - 4 - LRB096 09456 RLC 19613 b "Transit passenger" means a passenger of any transportation facility or system engaged in the business of transporting the public for hire, including a passenger using any area designated by a transportation facility or system as a vehicle boarding, departure, or transfer location.
SB1310 Engrossed - 5 - LRB096 09456 RLC 19613 b (720 ILCS 5/Art.
SB1310 Enrolled - 5 - LRB096 09456 RLC 19613 b (720 ILCS 5/Art.
A person commits SB1310 Engrossed - 6 - LRB096 09456 RLC 19613 b aggravated assault when he or she commits an assault against an individual who is on or about a public way, public property, a public place of accommodation or amusement, or a sports venue.
A person commits SB1310 Enrolled - 6 - LRB096 09456 RLC 19613 b aggravated assault when he or she commits an assault against an individual who is on or about a public way, public property, a public place of accommodation or amusement, or a sports venue.
(ii) assaulted to prevent performance of his or her SB1310 Engrossed - 7 - LRB096 09456 RLC 19613 b official duties;
(ii) assaulted to prevent performance of his or her SB1310 Enrolled - 7 - LRB096 09456 RLC 19613 b official duties;
(1) Uses a deadly weapon, an air rifle as defined in SB1310 Engrossed - 8 - LRB096 09456 RLC 19613 b the Air Rifle Act, or any device manufactured and designed to be substantially similar in appearance to a firearm, other than by discharging a firearm.
(1) Uses a deadly weapon, an air rifle as defined in SB1310 Enrolled - 8 - LRB096 09456 RLC 19613 b the Air Rifle Act, or any device manufactured and designed to be substantially similar in appearance to a firearm, other than by discharging a firearm.
(7) Without justification operates a motor vehicle in a manner which places a person, other than a person listed in SB1310 Engrossed - 9 - LRB096 09456 RLC 19613 b subdivision (b)(4), in reasonable apprehension of being struck by the moving motor vehicle.
(7) Without justification operates a motor vehicle in a manner which places a person, other than a person listed in SB1310 Enrolled - 9 - LRB096 09456 RLC 19613 b subdivision (b)(4), in reasonable apprehension of being struck by the moving motor vehicle.
(1) Uses a deadly weapon, an air rifle as defined in the Air Rifle Act, or any device manufactured and designed to be substantially similar in appearance to a firearm, other than by discharging a firearm in the direction of another person, a peace officer, a person summoned or SB1310 Engrossed - 10 - LRB096 09456 RLC 19613 b directed by a peace officer, a correctional officer, a private security officer, or a fireman or in the direction of a vehicle occupied by another person, a peace officer, a person summoned or directed by a peace officer, a correctional officer, a private security officer, or a fireman while the officer or fireman is engaged in the execution of any of his official duties, or to prevent the officer or fireman from performing his official duties, or in retaliation for the officer or fireman performing his official duties;
(1) Uses a deadly weapon, an air rifle as defined in the Air Rifle Act, or any device manufactured and designed to be substantially similar in appearance to a firearm, other than by discharging a firearm in the direction of another person, a peace officer, a person summoned or SB1310 Enrolled - 10 - LRB096 09456 RLC 19613 b directed by a peace officer, a correctional officer, a private security officer, or a fireman or in the direction of a vehicle occupied by another person, a peace officer, a person summoned or directed by a peace officer, a correctional officer, a private security officer, or a fireman while the officer or fireman is engaged in the execution of any of his official duties, or to prevent the officer or fireman from performing his official duties, or in retaliation for the officer or fireman performing his official duties;
(5) Knows the individual assaulted to be a caseworker, SB1310 Engrossed - 11 - LRB096 09456 RLC 19613 b investigator, or other person employed by the Department of Healthcare and Family Services (formerly State Department of Public Aid), a County Department of Public Aid, or the Department of Human Services (acting as successor to the Illinois Department of Public Aid under the Department of Human Services Act) and such caseworker, investigator, or other person is upon the grounds of a public aid office or grounds adjacent thereto, or is in any part of a building used for public aid purposes, or upon the grounds of a home of a public aid applicant, recipient or any other person being interviewed or investigated in the employee's discharge of his duties, or on grounds adjacent thereto, or is in any part of a building in which the applicant, recipient, or other such person resides or is located;
(5) Knows the individual assaulted to be a caseworker, SB1310 Enrolled - 11 - LRB096 09456 RLC 19613 b investigator, or other person employed by the Department of Healthcare and Family Services (formerly State Department of Public Aid), a County Department of Public Aid, or the Department of Human Services (acting as successor to the Illinois Department of Public Aid under the Department of Human Services Act) and such caseworker, investigator, or other person is upon the grounds of a public aid office or grounds adjacent thereto, or is in any part of a building used for public aid purposes, or upon the grounds of a home of a public aid applicant, recipient or any other person being interviewed or investigated in the employee's discharge of his duties, or on grounds adjacent thereto, or is in any part of a building in which the applicant, recipient, or other such person resides or is located;
(7) Knows the individual assaulted to be an emergency SB1310 Engrossed - 12 - LRB096 09456 RLC 19613 b medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver or other medical assistance or first aid personnel engaged in the execution of any of his official duties, or to prevent the emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his official duties, or in retaliation for the emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel performing his official duties;
(7) Knows the individual assaulted to be an emergency SB1310 Enrolled - 12 - LRB096 09456 RLC 19613 b medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver or other medical assistance or first aid personnel engaged in the execution of any of his official duties, or to prevent the emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel from performing his official duties, or in retaliation for the emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel performing his official duties;
SB1310 Engrossed - 13 - LRB096 09456 RLC 19613 b (9.5) Is, or the individual assaulted is, in or about a publicly or privately owned sports or entertainment arena, stadium, community or convention hall, special event center, amusement facility, or a special event center in a public park during any 24-hour period when a professional sporting event, National Collegiate Athletic Association (NCAA)-sanctioned sporting event, United States Olympic Committee-sanctioned sporting event, or International Olympic Committee-sanctioned sporting event is taking place in this venue;
SB1310 Enrolled - 13 - LRB096 09456 RLC 19613 b (9.5) Is, or the individual assaulted is, in or about a publicly or privately owned sports or entertainment arena, stadium, community or convention hall, special event center, amusement facility, or a special event center in a public park during any 24-hour period when a professional sporting event, National Collegiate Athletic Association (NCAA)-sanctioned sporting event, United States Olympic Committee-sanctioned sporting event, or International Olympic Committee-sanctioned sporting event is taking place in this venue;
(14) Knows the individual assaulted to be a correctional officer, while the officer is engaged in the execution of any of his or her official duties, or to prevent the officer from performing his or her official duties, or in retaliation for the officer performing his or SB1310 Engrossed - 14 - LRB096 09456 RLC 19613 b her official duties;
(14) Knows the individual assaulted to be a correctional officer, while the officer is engaged in the execution of any of his or her official duties, or to prevent the officer from performing his or her official duties, or in retaliation for the officer performing his or SB1310 Enrolled - 14 - LRB096 09456 RLC 19613 b her official duties;
(16) Knows the individual assaulted to be an employee of a police or sheriff's department, or a person who is employed by a municipality and whose duties include traffic SB1310 Engrossed - 15 - LRB096 09456 RLC 19613 b control, engaged in the performance of his or her official duties as such employee;
(16) Knows the individual assaulted to be an employee of a police or sheriff's department, or a person who is employed by a municipality and whose duties include traffic SB1310 Enrolled - 15 - LRB096 09456 RLC 19613 b control, engaged in the performance of his or her official duties as such employee;
or SB1310 Engrossed - 16 - LRB096 09456 RLC 19613 b (19) Knows the individual assaulted to be a utility worker, while the utility worker is engaged in the execution of his or her duties, or to prevent the utility worker from performing his or her duties, or in retaliation for the utility worker performing his or her duties.
or SB1310 Enrolled - 16 - LRB096 09456 RLC 19613 b (19) Knows the individual assaulted to be a utility worker, while the utility worker is engaged in the execution of his or her duties, or to prevent the utility worker from performing his or her duties, or in retaliation for the utility worker performing his or her duties.
(a-5) A person commits an aggravated assault when he or she knowingly and without lawful justification shines or flashes a SB1310 Engrossed - 17 - LRB096 09456 RLC 19613 b laser gunsight or other laser device that is attached or affixed to a firearm, or used in concert with a firearm, so that the laser beam strikes near or in the immediate vicinity of any person.
(a-5) A person commits an aggravated assault when he or she knowingly and without lawful justification shines or flashes a SB1310 Enrolled - 17 - LRB096 09456 RLC 19613 b laser gunsight or other laser device that is attached or affixed to a firearm, or used in concert with a firearm, so that the laser beam strikes near or in the immediate vicinity of any person.
Aggravated assault as defined in paragraphs (7) and (18) of subsection (a) of this SB1310 Engrossed - 18 - LRB096 09456 RLC 19613 b Section is a Class 4 felony if a firearm is used in the commission of the assault.
Aggravated assault as defined in paragraphs (7) and (18) of subsection (a) of this SB1310 Enrolled - 18 - LRB096 09456 RLC 19613 b Section is a Class 4 felony if a firearm is used in the commission of the assault.
SB1310 Engrossed - 19 - LRB096 09456 RLC 19613 b Battery is a Class A misdemeanor.
SB1310 Enrolled - 19 - LRB096 09456 RLC 19613 b Battery is a Class A misdemeanor.
or SB1310 Engrossed - 20 - LRB096 09456 RLC 19613 b (iii) battered in retaliation for performing his or her official duties.
or SB1310 Enrolled - 20 - LRB096 09456 RLC 19613 b (iii) battered in retaliation for performing his or her official duties.
SB1310 Engrossed - 21 - LRB096 09456 RLC 19613 b (2) A person who is pregnant or physically handicapped.
SB1310 Enrolled - 21 - LRB096 09456 RLC 19613 b (2) A person who is pregnant or physically handicapped.
SB1310 Engrossed - 22 - LRB096 09456 RLC 19613 b (8) A taxi driver on duty.
SB1310 Enrolled - 22 - LRB096 09456 RLC 19613 b (8) A taxi driver on duty.
(3) Discharges a firearm, other than a machine gun or a firearm equipped with a silencer, and causes any injury to a person he or she knows to be an emergency medical technician employed by a municipality or other SB1310 Engrossed - 23 - LRB096 09456 RLC 19613 b governmental unit:
(3) Discharges a firearm, other than a machine gun or a firearm equipped with a silencer, and causes any injury to a person he or she knows to be an emergency medical technician employed by a municipality or other SB1310 Enrolled - 23 - LRB096 09456 RLC 19613 b governmental unit:
(7) Discharges a machine gun or a firearm equipped with SB1310 Engrossed - 24 - LRB096 09456 RLC 19613 b a silencer, and causes any injury to a person he or she knows to be an emergency medical technician employed by a municipality or other governmental unit:
(7) Discharges a machine gun or a firearm equipped with SB1310 Enrolled - 24 - LRB096 09456 RLC 19613 b a silencer, and causes any injury to a person he or she knows to be an emergency medical technician employed by a municipality or other governmental unit:
(3) Knowingly and without lawful justification shines or flashes a laser gunsight or other laser device attached to a firearm, or used in concert with a firearm, so that the laser beam strikes upon or against the person of SB1310 Engrossed - 25 - LRB096 09456 RLC 19613 b another.
(3) Knowingly and without lawful justification shines or flashes a laser gunsight or other laser device attached to a firearm, or used in concert with a firearm, so that the laser beam strikes upon or against the person of SB1310 Enrolled - 25 - LRB096 09456 RLC 19613 b another.
Unless otherwise provided, aggravated SB1310 Engrossed - 26 - LRB096 09456 RLC 19613 b battery is a Class 3 felony.
Unless otherwise provided, aggravated SB1310 Enrolled - 26 - LRB096 09456 RLC 19613 b battery is a Class 3 felony.
SB1310 Engrossed - 27 - LRB096 09456 RLC 19613 b Aggravated battery as defined in subdivision (e)(2), (e)(3), or (e)(4) is a Class X felony for which a person shall be sentenced to a term of imprisonment of a minimum of 15 years and a maximum of 60 years.
SB1310 Enrolled - 27 - LRB096 09456 RLC 19613 b Aggravated battery as defined in subdivision (e)(2), (e)(3), or (e)(4) is a Class X felony for which a person shall be sentenced to a term of imprisonment of a minimum of 15 years and a maximum of 60 years.
SB1310 Engrossed - 28 - LRB096 09456 RLC 19613 b "Domestic violence" has the meaning ascribed to it in Section 103 of the Illinois Domestic Violence Act of 1986.
SB1310 Enrolled - 28 - LRB096 09456 RLC 19613 b "Domestic violence" has the meaning ascribed to it in Section 103 of the Illinois Domestic Violence Act of 1986.
(1) Uses a deadly weapon other than by the discharge of SB1310 Engrossed - 29 - LRB096 09456 RLC 19613 b a firearm, or uses an air rifle as defined in the Air Rifle Act;
(1) Uses a deadly weapon other than by the discharge of SB1310 Enrolled - 29 - LRB096 09456 RLC 19613 b a firearm, or uses an air rifle as defined in the Air Rifle Act;
(7) Knows the individual harmed to be an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, other medical assistance, first aid personnel, or hospital personnel engaged in the performance of any of his or her official duties, or to prevent the emergency medical technician - ambulance, emergency medical technician - intermediate, emergency SB1310 Engrossed - 30 - LRB096 09456 RLC 19613 b medical technician - paramedic, ambulance driver, other medical assistance, first aid personnel, or hospital personnel from performing official duties, or in retaliation for performing official duties;
(7) Knows the individual harmed to be an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, other medical assistance, first aid personnel, or hospital personnel engaged in the performance of any of his or her official duties, or to prevent the emergency medical technician - ambulance, emergency medical technician - intermediate, emergency SB1310 Enrolled - 30 - LRB096 09456 RLC 19613 b medical technician - paramedic, ambulance driver, other medical assistance, first aid personnel, or hospital personnel from performing official duties, or in retaliation for performing official duties;
SB1310 Engrossed - 31 - LRB096 09456 RLC 19613 b (10) Knows the individual harmed to be an individual of 60 years of age or older;
SB1310 Enrolled - 31 - LRB096 09456 RLC 19613 b (10) Knows the individual harmed to be an individual of 60 years of age or older;
"Building or other structure used to provide shelter" has the meaning ascribed to SB1310 Engrossed - 32 - LRB096 09456 RLC 19613 b "shelter" in Section 1 of the Domestic Violence Shelters Act;
"Building or other structure used to provide shelter" has the meaning ascribed to SB1310 Enrolled - 32 - LRB096 09456 RLC 19613 b "shelter" in Section 1 of the Domestic Violence Shelters Act;
or (22) Knows the individual harmed to be a utility worker, while the utility worker is engaged in the execution of his or her duties, or to prevent the utility SB1310 Engrossed - 33 - LRB096 09456 RLC 19613 b worker from performing his or her duties, or in retaliation for the utility worker performing his or her duties.
or (22) Knows the individual harmed to be a utility worker, while the utility worker is engaged in the execution of his or her duties, or to prevent the utility SB1310 Enrolled - 33 - LRB096 09456 RLC 19613 b worker from performing his or her duties, or in retaliation for the utility worker performing his or her duties.
SB1310 Engrossed - 34 - LRB096 09456 RLC 19613 b For the purpose of paragraph (20) of subsection (b) and subsection (e) of this Section, "private security officer" means a registered employee of a private security contractor agency under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.
SB1310 Enrolled - 34 - LRB096 09456 RLC 19613 b For the purpose of paragraph (20) of subsection (b) and subsection (e) of this Section, "private security officer" means a registered employee of a private security contractor agency under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.
(d-5) An inmate of a penal institution or a sexually dangerous person or a sexually violent person in the custody of the Department of Human Services who causes or attempts to cause a correctional employee of the penal institution or an employee of the Department of Human Services to come into contact with blood, seminal fluid, urine, or feces, by throwing, tossing, or expelling that fluid or material commits SB1310 Engrossed - 35 - LRB096 09456 RLC 19613 b aggravated battery.
(d-5) An inmate of a penal institution or a sexually dangerous person or a sexually violent person in the custody of the Department of Human Services who causes or attempts to cause a correctional employee of the penal institution or an employee of the Department of Human Services to come into contact with blood, seminal fluid, urine, or feces, by throwing, tossing, or expelling that fluid or material commits SB1310 Enrolled - 35 - LRB096 09456 RLC 19613 b aggravated battery.
(2) Aggravated battery that does not cause great bodily harm or permanent disability or disfigurement is a Class 2 felony when the person knows the individual harmed to be a peace officer, a community policing volunteer, a private security officer, a correctional institution employee, an employee of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons, or a fireman while such officer, volunteer, employee, or fireman is engaged in the execution of any official duties including arrest or attempted arrest, or to prevent the officer, volunteer, employee, or fireman from performing official duties, or in retaliation for the officer, volunteer, employee, or fireman performing SB1310 Engrossed - 36 - LRB096 09456 RLC 19613 b official duties, and the battery is committed other than by the discharge of a firearm.
(2) Aggravated battery that does not cause great bodily harm or permanent disability or disfigurement is a Class 2 felony when the person knows the individual harmed to be a peace officer, a community policing volunteer, a private security officer, a correctional institution employee, an employee of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons, or a fireman while such officer, volunteer, employee, or fireman is engaged in the execution of any official duties including arrest or attempted arrest, or to prevent the officer, volunteer, employee, or fireman from performing official duties, or in retaliation for the officer, volunteer, employee, or fireman performing SB1310 Enrolled - 36 - LRB096 09456 RLC 19613 b official duties, and the battery is committed other than by the discharge of a firearm.
or (B) the person caused great bodily harm or permanent disability or disfigurement to the other SB1310 Engrossed - 37 - LRB096 09456 RLC 19613 b person while committing the offense;
or (B) the person caused great bodily harm or permanent disability or disfigurement to the other SB1310 Enrolled - 37 - LRB096 09456 RLC 19613 b person while committing the offense;
(b) For purposes of this Section, (1) "unborn child" shall SB1310 Engrossed - 38 - LRB096 09456 RLC 19613 b mean any individual of the human species from fertilization until birth, and (2) "person" shall not include the pregnant woman whose unborn child is harmed.
(b) For purposes of this Section, (1) "unborn child" shall SB1310 Enrolled - 38 - LRB096 09456 RLC 19613 b mean any individual of the human species from fertilization until birth, and (2) "person" shall not include the pregnant woman whose unborn child is harmed.
(2) Makes physical contact of an insulting or provoking nature with any family or household member as defined in subsection (3) of Section 112A-3 of the Code of Criminal SB1310 Engrossed - 39 - LRB096 09456 RLC 19613 b Procedure of 1963, as amended.
(2) Makes physical contact of an insulting or provoking nature with any family or household member as defined in subsection (3) of Section 112A-3 of the Code of Criminal SB1310 Enrolled - 39 - LRB096 09456 RLC 19613 b Procedure of 1963, as amended.
Domestic battery is a Class 4 felony if the defendant has any prior conviction under this Code for first degree murder (Section 9-1), attempt to commit first degree murder (Section 8-4), aggravated domestic battery (Section 12-3.3), aggravated battery (Section 12-3.05 or 12-4), heinous battery (Section 12-4.1), aggravated battery with a firearm (Section 12-4.2), aggravated battery with a machine gun or a firearm equipped with a silencer (Section 12-4.2-5), aggravated battery of a child (Section 12-4.3), aggravated battery of an unborn child (subsection (a-5) of Section 12-3.1, or Section 12-4.4), aggravated battery of a senior citizen (Section 12-4.6), stalking (Section 12-7.3), aggravated stalking (Section 12-7.4), criminal sexual assault (Section 12-13), aggravated criminal sexual assault (12-14), kidnapping (Section 10-1), aggravated kidnapping (Section 10-2), predatory criminal sexual assault of a child (Section 12-14.1), aggravated criminal sexual abuse (Section 12-16), unlawful restraint (Section 10-3), aggravated unlawful restraint (Section 10-3.1), aggravated arson (Section 20-1.1), or aggravated SB1310 Engrossed - 40 - LRB096 09456 RLC 19613 b discharge of a firearm (Section 24-1.2), or any prior conviction under the law of another jurisdiction for any offense that is substantially similar to the offenses listed in this Section, when any of these offenses have been committed against a family or household member as defined in Section 112A-3 of the Code of Criminal Procedure of 1963.
Domestic battery is a Class 4 felony if the defendant has any prior conviction under this Code for first degree murder (Section 9-1), attempt to commit first degree murder (Section 8-4), aggravated domestic battery (Section 12-3.3), aggravated battery (Section 12-3.05 or 12-4), heinous battery (Section 12-4.1), aggravated battery with a firearm (Section 12-4.2), aggravated battery with a machine gun or a firearm equipped with a silencer (Section 12-4.2-5), aggravated battery of a child (Section 12-4.3), aggravated battery of an unborn child (subsection (a-5) of Section 12-3.1, or Section 12-4.4), aggravated battery of a senior citizen (Section 12-4.6), stalking (Section 12-7.3), aggravated stalking (Section 12-7.4), criminal sexual assault (Section 12-13), aggravated criminal sexual assault (12-14), kidnapping (Section 10-1), aggravated kidnapping (Section 10-2), predatory criminal sexual assault of a child (Section 12-14.1), aggravated criminal sexual abuse (Section 12-16), unlawful restraint (Section 10-3), aggravated unlawful restraint (Section 10-3.1), aggravated arson (Section 20-1.1), or aggravated SB1310 Enrolled - 40 - LRB096 09456 RLC 19613 b discharge of a firearm (Section 24-1.2), or any prior conviction under the law of another jurisdiction for any offense that is substantially similar to the offenses listed in this Section, when any of these offenses have been committed against a family or household member as defined in Section 112A-3 of the Code of Criminal Procedure of 1963.
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For SB1310 Engrossed - 41 - LRB096 09456 RLC 19613 b purposes of this Section, "child" means a person under 18 years of age who is the defendant's or victim's child or step-child or who is a minor child residing within or visiting the household of the defendant or victim.
For SB1310 Enrolled - 41 - LRB096 09456 RLC 19613 b purposes of this Section, "child" means a person under 18 years of age who is the defendant's or victim's child or step-child or who is a minor child residing within or visiting the household of the defendant or victim.
(a-5) A person who, in committing a domestic battery, strangles another individual commits aggravated domestic SB1310 Engrossed - 42 - LRB096 09456 RLC 19613 b battery.
(a-5) A person who, in committing a domestic battery, strangles another individual commits aggravated domestic SB1310 Enrolled - 42 - LRB096 09456 RLC 19613 b battery.
7-2-10.) SB1310 Engrossed - 43 - LRB096 09456 RLC 19613 b (720 ILCS 5/12-3.4) (was 720 ILCS 5/12-30) Sec.
7-2-10.) SB1310 Enrolled - 43 - LRB096 09456 RLC 19613 b (720 ILCS 5/12-3.4) (was 720 ILCS 5/12-30) Sec.
and (2) Such violation occurs after the offender has been served notice of the contents of the order, pursuant to the Illinois Domestic Violence Act of 1986 or any substantially similar statute of another state, tribe or United States SB1310 Engrossed - 44 - LRB096 09456 RLC 19613 b territory, or otherwise has acquired actual knowledge of the contents of the order.
and (2) Such violation occurs after the offender has been served notice of the contents of the order, pursuant to the Illinois Domestic Violence Act of 1986 or any substantially similar statute of another state, tribe or United States SB1310 Enrolled - 44 - LRB096 09456 RLC 19613 b territory, or otherwise has acquired actual knowledge of the contents of the order.
(d) Violation of an order of protection under subsection SB1310 Engrossed - 45 - LRB096 09456 RLC 19613 b (a) of this Section is a Class A misdemeanor.
(d) Violation of an order of protection under subsection SB1310 Enrolled - 45 - LRB096 09456 RLC 19613 b (a) of this Section is a Class A misdemeanor.
Violation of an order of protection is a Class 4 felony if the defendant has any prior conviction under this Code for first degree murder (Section 9-1), attempt to commit first degree murder (Section 8-4), aggravated domestic battery (Section 12-3.3), aggravated battery (Section 12-3.05 or 12-4), heinous battery (Section 12-4.1), aggravated battery with a firearm (Section 12-4.2), aggravated battery with a machine gun or a firearm equipped with a silencer (Section 12-4.2-5) aggravated battery of a child (Section 12-4.3), aggravated battery of an unborn child (subsection (a-5) of Section 12-3.1, or Section 12-4.4), aggravated battery of a senior citizen (Section 12-4.6), stalking (Section 12-7.3), aggravated stalking (Section 12-7.4), criminal sexual assault (Section 12-13), aggravated criminal sexual assault (12-14), kidnapping (Section 10-1), aggravated kidnapping (Section 10-2), predatory criminal sexual assault of a child (Section 12-14.1), aggravated criminal sexual abuse (Section 12-16), unlawful restraint (Section 10-3), aggravated unlawful restraint (Section 10-3.1), aggravated arson (Section 20-1.1), or aggravated discharge of a firearm (Section 24-1.2), or a violation of any former law of this State that is substantially similar to any SB1310 Engrossed - 46 - LRB096 09456 RLC 19613 b listed offense, when any of these offenses have been committed against a family or household member as defined in Section 112A-3 of the Code of Criminal Procedure of 1963.
Violation of an order of protection is a Class 4 felony if the defendant has any prior conviction under this Code for first degree murder (Section 9-1), attempt to commit first degree murder (Section 8-4), aggravated domestic battery (Section 12-3.3), aggravated battery (Section 12-3.05 or 12-4), heinous battery (Section 12-4.1), aggravated battery with a firearm (Section 12-4.2), aggravated battery with a machine gun or a firearm equipped with a silencer (Section 12-4.2-5) aggravated battery of a child (Section 12-4.3), aggravated battery of an unborn child (subsection (a-5) of Section 12-3.1, or Section 12-4.4), aggravated battery of a senior citizen (Section 12-4.6), stalking (Section 12-7.3), aggravated stalking (Section 12-7.4), criminal sexual assault (Section 12-13), aggravated criminal sexual assault (12-14), kidnapping (Section 10-1), aggravated kidnapping (Section 10-2), predatory criminal sexual assault of a child (Section 12-14.1), aggravated criminal sexual abuse (Section 12-16), unlawful restraint (Section 10-3), aggravated unlawful restraint (Section 10-3.1), aggravated arson (Section 20-1.1), or aggravated discharge of a firearm (Section 24-1.2), or a violation of any former law of this State that is substantially similar to any SB1310 Enrolled - 46 - LRB096 09456 RLC 19613 b listed offense, when any of these offenses have been committed against a family or household member as defined in Section 112A-3 of the Code of Criminal Procedure of 1963.
Interfering with the reporting of SB1310 Engrossed - 47 - LRB096 09456 RLC 19613 b domestic violence.
Interfering with the reporting of SB1310 Enrolled - 47 - LRB096 09456 RLC 19613 b domestic violence.
(a) "Domestic violence" means attempting to cause or causing abuse of a family or household member or high-risk adult with disabilities, or attempting to cause or causing SB1310 Engrossed - 48 - LRB096 09456 RLC 19613 b neglect or exploitation of a high-risk adult with disabilities which threatens the adult's health and safety.
(a) "Domestic violence" means attempting to cause or causing abuse of a family or household member or high-risk adult with disabilities, or attempting to cause or causing SB1310 Enrolled - 48 - LRB096 09456 RLC 19613 b neglect or exploitation of a high-risk adult with disabilities which threatens the adult's health and safety.
Any person commits disclosure of location of domestic violence victim when he or she who publishes, disseminates or otherwise discloses the location of any domestic violence victim, without that person's the authorization of that domestic violence victim, knowing the that such disclosure will result in, or has the substantial SB1310 Engrossed - 49 - LRB096 09456 RLC 19613 b likelihood of resulting in, the threat of bodily harm, is guilty of a Class A misdemeanor.
Any person commits disclosure of location of domestic violence victim when he or she who publishes, disseminates or otherwise discloses the location of any domestic violence victim, without that person's the authorization of that domestic violence victim, knowing the that such disclosure will result in, or has the substantial SB1310 Enrolled - 49 - LRB096 09456 RLC 19613 b likelihood of resulting in, the threat of bodily harm, is guilty of a Class A misdemeanor.
(A) performs acts that cause a resident's life to be endangered, health to be injured, or pre-existing SB1310 Engrossed - 50 - LRB096 09456 RLC 19613 b physical or mental condition to deteriorate, or that create the substantial likelihood that an elderly person's or person with a disability's life will be endangered, health will be injured, or pre-existing physical or mental condition will deteriorate;
(A) performs acts that cause a resident's life to be endangered, health to be injured, or pre-existing SB1310 Enrolled - 50 - LRB096 09456 RLC 19613 b physical or mental condition to deteriorate, or that create the substantial likelihood that an elderly person's or person with a disability's life will be endangered, health will be injured, or pre-existing physical or mental condition will deteriorate;
An owner or licensee is guilty under this subdivision (a)(3), however, only if the owner or licensee failed to exercise reasonable care in the hiring, training, supervising, or providing of staff or other related routine administrative SB1310 Engrossed - 51 - LRB096 09456 RLC 19613 b responsibilities.
An owner or licensee is guilty under this subdivision (a)(3), however, only if the owner or licensee failed to exercise reasonable care in the hiring, training, supervising, or providing of staff or other related routine administrative SB1310 Enrolled - 51 - LRB096 09456 RLC 19613 b responsibilities.
(1) Nothing in this Section applies to a physician licensed to practice medicine in all its branches or a duly SB1310 Engrossed - 52 - LRB096 09456 RLC 19613 b licensed nurse providing care within the scope of his or her professional judgment and within the accepted standards of care within the community.
(1) Nothing in this Section applies to a physician licensed to practice medicine in all its branches or a duly SB1310 Enrolled - 52 - LRB096 09456 RLC 19613 b licensed nurse providing care within the scope of his or her professional judgment and within the accepted standards of care within the community.
SB1310 Engrossed - 53 - LRB096 09456 RLC 19613 b (d) Sentence.
SB1310 Enrolled - 53 - LRB096 09456 RLC 19613 b (d) Sentence.
(1) A parent, spouse, adult child, or other relative by SB1310 Engrossed - 54 - LRB096 09456 RLC 19613 b blood or marriage who resides with or resides in the same building with or regularly visits the elderly person or person with a disability, knows or reasonably should know of such person's physical or mental impairment, and knows or reasonably should know that such person is unable to adequately provide for his or her own health and personal care.
(1) A parent, spouse, adult child, or other relative by SB1310 Enrolled - 54 - LRB096 09456 RLC 19613 b blood or marriage who resides with or resides in the same building with or regularly visits the elderly person or person with a disability, knows or reasonably should know of such person's physical or mental impairment, and knows or reasonably should know that such person is unable to adequately provide for his or her own health and personal care.
"Caregiver" does not include a long-term care facility licensed or certified under the Nursing Home Care Act or a facility licensed or certified under the MR/DD Community Care Act, or any administrative, medical, or other personnel of such a facility, or a health care provider who is licensed under the Medical Practice Act of 1987 and renders care in the ordinary SB1310 Engrossed - 55 - LRB096 09456 RLC 19613 b course of his or her profession.
"Caregiver" does not include a long-term care facility licensed or certified under the Nursing Home Care Act or a facility licensed or certified under the MR/DD Community Care Act, or any administrative, medical, or other personnel of such a facility, or a health care provider who is licensed under the Medical Practice Act of 1987 and renders care in the ordinary SB1310 Enrolled - 55 - LRB096 09456 RLC 19613 b course of his or her profession.
"Owner" means the owner a long term care facility as provided in the Nursing Home Care Act, the owner of a facility as provided in the MR/DD Community Care Act, or the owner of an assisted living or shared housing establishment as provided in SB1310 Engrossed - 56 - LRB096 09456 RLC 19613 b the Assisted Living and Shared Housing Act.
"Owner" means the owner a long term care facility as provided in the Nursing Home Care Act, the owner of a facility as provided in the MR/DD Community Care Act, or the owner of an assisted living or shared housing establishment as provided in SB1310 Enrolled - 56 - LRB096 09456 RLC 19613 b the Assisted Living and Shared Housing Act.
(a) A person commits reckless conduct when he or she, by any means lawful or unlawful, recklessly performs an act or SB1310 Engrossed - 57 - LRB096 09456 RLC 19613 b acts that:
(a) A person commits reckless conduct when he or she, by any means lawful or unlawful, recklessly performs an act or SB1310 Enrolled - 57 - LRB096 09456 RLC 19613 b acts that:
(2) transfers, donates, or provides his or her blood, tissue, semen, organs, or other potentially infectious SB1310 Engrossed - 58 - LRB096 09456 RLC 19613 b body fluids for transfusion, transplantation, insemination, or other administration to another;
(2) transfers, donates, or provides his or her blood, tissue, semen, organs, or other potentially infectious SB1310 Enrolled - 58 - LRB096 09456 RLC 19613 b body fluids for transfusion, transplantation, insemination, or other administration to another;
86-897.) SB1310 Engrossed - 59 - LRB096 09456 RLC 19613 b (720 ILCS 5/12-5.02) (was 720 ILCS 5/12-2.5) Sec.
86-897.) SB1310 Enrolled - 59 - LRB096 09456 RLC 19613 b (720 ILCS 5/12-5.02) (was 720 ILCS 5/12-2.5) Sec.
(a) A person commits the offense of criminal housing management when, having personal management or control of SB1310 Engrossed - 60 - LRB096 09456 RLC 19613 b residential real estate, whether as a legal or equitable owner or as a managing agent or otherwise, he or she recklessly permits the physical condition or facilities of the residential real estate to become or remain in any condition which endangers the health or safety of a any person other than the defendant.
(a) A person commits the offense of criminal housing management when, having personal management or control of SB1310 Enrolled - 60 - LRB096 09456 RLC 19613 b residential real estate, whether as a legal or equitable owner or as a managing agent or otherwise, he or she recklessly permits the physical condition or facilities of the residential real estate to become or remain in any condition which endangers the health or safety of a any person other than the defendant.
Aggravated criminal housing management is a SB1310 Engrossed - 61 - LRB096 09456 RLC 19613 b Class 4 felony.
Aggravated criminal housing management is a SB1310 Enrolled - 61 - LRB096 09456 RLC 19613 b Class 4 felony.
The court may order that funds remain SB1310 Engrossed - 62 - LRB096 09456 RLC 19613 b in escrow for a reasonable time after the completion of all necessary repairs to assure continued upkeep of the property and satisfaction of other outstanding legal debts of the property.
The court may order that funds remain SB1310 Enrolled - 62 - LRB096 09456 RLC 19613 b in escrow for a reasonable time after the completion of all necessary repairs to assure continued upkeep of the property and satisfaction of other outstanding legal debts of the property.
For the purposes of this Section, "licensed contractor" SB1310 Engrossed - 63 - LRB096 09456 RLC 19613 b means:
For the purposes of this Section, "licensed contractor" SB1310 Enrolled - 63 - LRB096 09456 RLC 19613 b means:
As part of the costs of an action under this SB1310 Engrossed - 64 - LRB096 09456 RLC 19613 b Section, the court shall assess a reasonable fee against the defendant to be paid to the Clerk of the Circuit Court.
As part of the costs of an action under this SB1310 Enrolled - 64 - LRB096 09456 RLC 19613 b Section, the court shall assess a reasonable fee against the defendant to be paid to the Clerk of the Circuit Court.
(a) A person commits the offense of use of a dangerous place for the commission of a controlled substance or cannabis offense when that person knowingly exercises control over any place with the intent to use that place to manufacture, produce, deliver, or possess with intent to deliver a controlled or counterfeit substance or controlled substance analog in violation of Section 401 of the Illinois Controlled Substances Act or to manufacture, produce, deliver, or possess SB1310 Engrossed - 65 - LRB096 09456 RLC 19613 b with intent to deliver cannabis in violation of Section 5, 5.1, 5.2, 7, or 8 of the Cannabis Control Act and:
(a) A person commits the offense of use of a dangerous place for the commission of a controlled substance or cannabis offense when that person knowingly exercises control over any place with the intent to use that place to manufacture, produce, deliver, or possess with intent to deliver a controlled or counterfeit substance or controlled substance analog in violation of Section 401 of the Illinois Controlled Substances Act or to manufacture, produce, deliver, or possess SB1310 Enrolled - 65 - LRB096 09456 RLC 19613 b with intent to deliver cannabis in violation of Section 5, 5.1, 5.2, 7, or 8 of the Cannabis Control Act and:
(b) It may be inferred that a place was intended to be used to manufacture a controlled or counterfeit substance or controlled substance analog if a substance containing a controlled or counterfeit substance or controlled substance analog or a substance containing a chemical important to the manufacture of a controlled or counterfeit substance or controlled substance analog is found at the place of the alleged illegal controlled substance manufacturing in close proximity to equipment or a chemical used for facilitating the SB1310 Engrossed - 66 - LRB096 09456 RLC 19613 b manufacture of the controlled or counterfeit substance or controlled substance analog that is alleged to have been intended to be manufactured.
(b) It may be inferred that a place was intended to be used to manufacture a controlled or counterfeit substance or controlled substance analog if a substance containing a controlled or counterfeit substance or controlled substance analog or a substance containing a chemical important to the manufacture of a controlled or counterfeit substance or controlled substance analog is found at the place of the alleged illegal controlled substance manufacturing in close proximity to equipment or a chemical used for facilitating the SB1310 Enrolled - 66 - LRB096 09456 RLC 19613 b manufacture of the controlled or counterfeit substance or controlled substance analog that is alleged to have been intended to be manufactured.
1-1-96.) SB1310 Engrossed - 67 - LRB096 09456 RLC 19613 b (720 ILCS 5/Art.12, Subdiv.
1-1-96.) SB1310 Enrolled - 67 - LRB096 09456 RLC 19613 b (720 ILCS 5/Art.12, Subdiv.
SB1310 Engrossed - 68 - LRB096 09456 RLC 19613 b Intimidation is a Class 3 felony for which an offender may be sentenced to a term of imprisonment of not less than 2 years and not more than 10 years.
SB1310 Enrolled - 68 - LRB096 09456 RLC 19613 b Intimidation is a Class 3 felony for which an offender may be sentenced to a term of imprisonment of not less than 2 years and not more than 10 years.
(iii) in retaliation for the victim's SB1310 Engrossed - 69 - LRB096 09456 RLC 19613 b performance of his or her official duties;
(iii) in retaliation for the victim's SB1310 Enrolled - 69 - LRB096 09456 RLC 19613 b performance of his or her official duties;
SB1310 Engrossed - 70 - LRB096 09456 RLC 19613 b (a-5) A person commits the offense of criminal street gang recruitment of a minor when he or she threatens the use of physical force to coerce, solicit, recruit, or induce another person to join or remain a member of a criminal street gang, or conspires to do so, whether or not such threat is communicated in person, by means of the Internet, or by means of a telecommunications device.
SB1310 Enrolled - 70 - LRB096 09456 RLC 19613 b (a-5) A person commits the offense of criminal street gang recruitment of a minor when he or she threatens the use of physical force to coerce, solicit, recruit, or induce another person to join or remain a member of a criminal street gang, or conspires to do so, whether or not such threat is communicated in person, by means of the Internet, or by means of a telecommunications device.
"Internet" means an interactive computer service or system or an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, and includes, but is not limited to, an information service, system, or SB1310 Engrossed - 71 - LRB096 09456 RLC 19613 b access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to, a World Wide Web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service.
"Internet" means an interactive computer service or system or an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, and includes, but is not limited to, an information service, system, or SB1310 Enrolled - 71 - LRB096 09456 RLC 19613 b access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to, a World Wide Web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service.
Any person of the age of 18 years or older who knowingly, expressly or impliedly, threatens to do bodily harm or does bodily harm to a person under 18 years of age or uses any other criminally unlawful means to solicit or cause any person under SB1310 Engrossed - 72 - LRB096 09456 RLC 19613 b 18 years of age to join, or deter any person under 18 years of age from leaving, any organization or association regardless of the nature of such organization or association is guilty of a Class 1 felony.
Any person of the age of 18 years or older who knowingly, expressly or impliedly, threatens to do bodily harm or does bodily harm to a person under 18 years of age or uses any other criminally unlawful means to solicit or cause any person under SB1310 Enrolled - 72 - LRB096 09456 RLC 19613 b 18 years of age to join, or deter any person under 18 years of age from leaving, any organization or association regardless of the nature of such organization or association is guilty of a Class 1 felony.
SB1310 Engrossed - 73 - LRB096 09456 RLC 19613 b (Source:
SB1310 Enrolled - 73 - LRB096 09456 RLC 19613 b (Source:
SB1310 Engrossed - 74 - LRB096 09456 RLC 19613 b (1) in a church, synagogue, mosque, or other building, structure, or place used for religious worship or other religious purpose;
SB1310 Enrolled - 74 - LRB096 09456 RLC 19613 b (1) in a church, synagogue, mosque, or other building, structure, or place used for religious worship or other religious purpose;
The court may also impose any other condition of probation or conditional SB1310 Engrossed - 75 - LRB096 09456 RLC 19613 b discharge under this Section.
The court may also impose any other condition of probation or conditional SB1310 Enrolled - 75 - LRB096 09456 RLC 19613 b discharge under this Section.
(1) fear for his or her safety or the safety of a third SB1310 Engrossed - 76 - LRB096 09456 RLC 19613 b person;
(1) fear for his or her safety or the safety of a third SB1310 Enrolled - 76 - LRB096 09456 RLC 19613 b person;
and (3) the threat is directed towards that person or a SB1310 Engrossed - 77 - LRB096 09456 RLC 19613 b family member of that person.
and (3) the threat is directed towards that person or a SB1310 Enrolled - 77 - LRB096 09456 RLC 19613 b family member of that person.
"Family member" also means any other person who regularly resides in the household, or who, within the prior 6 SB1310 Engrossed - 78 - LRB096 09456 RLC 19613 b months, regularly resided in the household.
"Family member" also means any other person who regularly resides in the household, or who, within the prior 6 SB1310 Enrolled - 78 - LRB096 09456 RLC 19613 b months, regularly resided in the household.
(9) "Transmits a threat" means a verbal or written SB1310 Engrossed - 79 - LRB096 09456 RLC 19613 b threat or a threat implied by a pattern of conduct or a combination of verbal or written statements or conduct.
(9) "Transmits a threat" means a verbal or written SB1310 Enrolled - 79 - LRB096 09456 RLC 19613 b threat or a threat implied by a pattern of conduct or a combination of verbal or written statements or conduct.
(3) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or SB1310 Engrossed - 80 - LRB096 09456 RLC 19613 b information services used by others in violation of this Section.
(3) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or SB1310 Enrolled - 80 - LRB096 09456 RLC 19613 b information services used by others in violation of this Section.
(1) This Section does not apply to any individual or organization (i) monitoring or attentive to compliance with public or worker safety laws, wage and hour SB1310 Engrossed - 81 - LRB096 09456 RLC 19613 b requirements, or other statutory requirements, or (ii) picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute including any controversy concerning wages, salaries, hours, working conditions or benefits, including health and welfare, sick leave, insurance, and pension or retirement provisions, the managing or maintenance of collective bargaining agreements, and the terms to be included in those agreements.
(1) This Section does not apply to any individual or organization (i) monitoring or attentive to compliance with public or worker safety laws, wage and hour SB1310 Enrolled - 81 - LRB096 09456 RLC 19613 b requirements, or other statutory requirements, or (ii) picketing occurring at the workplace that is otherwise lawful and arises out of a bona fide labor dispute including any controversy concerning wages, salaries, hours, working conditions or benefits, including health and welfare, sick leave, insurance, and pension or retirement provisions, the managing or maintenance of collective bargaining agreements, and the terms to be included in those agreements.
SB1310 Engrossed - 82 - LRB096 09456 RLC 19613 b (a) A person commits cyberstalking when he or she engages in a course of conduct using electronic communication directed at a specific person, and he or she knows or should know that would cause a reasonable person to:
SB1310 Enrolled - 82 - LRB096 09456 RLC 19613 b (a) A person commits cyberstalking when he or she engages in a course of conduct using electronic communication directed at a specific person, and he or she knows or should know that would cause a reasonable person to:
(a-5) A person commits cyberstalking when he or she, knowingly and without lawful justification, creates and maintains an Internet website or webpage which is accessible to one or more third parties for a period of at least 24 hours, SB1310 Engrossed - 83 - LRB096 09456 RLC 19613 b and which contains statements harassing another person and:
(a-5) A person commits cyberstalking when he or she, knowingly and without lawful justification, creates and maintains an Internet website or webpage which is accessible to one or more third parties for a period of at least 24 hours, SB1310 Enrolled - 83 - LRB096 09456 RLC 19613 b and which contains statements harassing another person and:
SB1310 Engrossed - 84 - LRB096 09456 RLC 19613 b (2) "Electronic communication" means any transfer of signs, signals, writings, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric, or photo-optical system.
SB1310 Enrolled - 84 - LRB096 09456 RLC 19613 b (2) "Electronic communication" means any transfer of signs, signals, writings, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric, or photo-optical system.
(7) "Third party" means any person other than the person violating these provisions and the person or persons SB1310 Engrossed - 85 - LRB096 09456 RLC 19613 b towards whom the violator's actions are directed.
(7) "Third party" means any person other than the person violating these provisions and the person or persons SB1310 Enrolled - 85 - LRB096 09456 RLC 19613 b towards whom the violator's actions are directed.
SB1310 Engrossed - 86 - LRB096 09456 RLC 19613 b (Source:
SB1310 Enrolled - 86 - LRB096 09456 RLC 19613 b (Source:
(a-5) For purposes of a threat to a sworn law enforcement officer, the threat must contain specific facts indicative of a unique threat to the person, family or property of the officer SB1310 Engrossed - 87 - LRB096 09456 RLC 19613 b and not a generalized threat of harm.
(a-5) For purposes of a threat to a sworn law enforcement officer, the threat must contain specific facts indicative of a unique threat to the person, family or property of the officer SB1310 Enrolled - 87 - LRB096 09456 RLC 19613 b and not a generalized threat of harm.
(a) In this Section, "tongue splitting" means the cutting SB1310 Engrossed - 88 - LRB096 09456 RLC 19613 b of a human tongue into 2 or more parts.
(a) In this Section, "tongue splitting" means the cutting SB1310 Enrolled - 88 - LRB096 09456 RLC 19613 b of a human tongue into 2 or more parts.
(3) Reimbursement of actual expenses incurred by a living person in donating an organ, tissue or other body part or fluid for transplantation, implantation, infusion, SB1310 Engrossed - 89 - LRB096 09456 RLC 19613 b injection, or other medical or scientific purpose, including medical costs, loss of income, and travel expenses.
(3) Reimbursement of actual expenses incurred by a living person in donating an organ, tissue or other body part or fluid for transplantation, implantation, infusion, SB1310 Enrolled - 89 - LRB096 09456 RLC 19613 b injection, or other medical or scientific purpose, including medical costs, loss of income, and travel expenses.
(3) the purchase or sale of drugs, reagents, or other SB1310 Engrossed - 90 - LRB096 09456 RLC 19613 b substances made from human body parts, for the use in medical or scientific research, treatment, or diagnosis;
(3) the purchase or sale of drugs, reagents, or other SB1310 Enrolled - 90 - LRB096 09456 RLC 19613 b substances made from human body parts, for the use in medical or scientific research, treatment, or diagnosis;
8-21-07.) SB1310 Engrossed - 91 - LRB096 09456 RLC 19613 b (720 ILCS 5/12-32) (from Ch.
8-21-07.) SB1310 Enrolled - 91 - LRB096 09456 RLC 19613 b (720 ILCS 5/12-32) (from Ch.
SB1310 Engrossed - 92 - LRB096 09456 RLC 19613 b (2) forces ingestion, injection or other application of any narcotic, drug, hallucinogen or anaesthetic for the purpose of dulling sensitivity, cognition, recollection of, or resistance to any criminal activity;
SB1310 Enrolled - 92 - LRB096 09456 RLC 19613 b (2) forces ingestion, injection or other application of any narcotic, drug, hallucinogen or anaesthetic for the purpose of dulling sensitivity, cognition, recollection of, or resistance to any criminal activity;
SB1310 Engrossed - 93 - LRB096 09456 RLC 19613 b (3) any state or federally approved, licensed, or funded research project;
SB1310 Enrolled - 93 - LRB096 09456 RLC 19613 b (3) any state or federally approved, licensed, or funded research project;
SB1310 Engrossed - 94 - LRB096 09456 RLC 19613 b (1) is necessary to the health of the person on whom it is performed and is performed by a physician licensed to practice medicine in all of its branches;
SB1310 Enrolled - 94 - LRB096 09456 RLC 19613 b (1) is necessary to the health of the person on whom it is performed and is performed by a physician licensed to practice medicine in all of its branches;
or (iii) use of actual or ostensible religious, political, SB1310 Engrossed - 95 - LRB096 09456 RLC 19613 b social, philosophical or other principles.
or (iii) use of actual or ostensible religious, political, SB1310 Enrolled - 95 - LRB096 09456 RLC 19613 b social, philosophical or other principles.
(c) The lawful compliance or a good-faith attempt at lawful compliance with the Illinois Living Will Act, the Health Care Surrogate Act, or the Powers of Attorney for Health Care Law is not inducement to commit suicide under paragraph (a)(2) of this SB1310 Engrossed - 96 - LRB096 09456 RLC 19613 b Section.
(c) The lawful compliance or a good-faith attempt at lawful compliance with the Illinois Living Will Act, the Health Care Surrogate Act, or the Powers of Attorney for Health Care Law is not inducement to commit suicide under paragraph (a)(2) of this SB1310 Enrolled - 96 - LRB096 09456 RLC 19613 b Section.
(1) Not harbor animals or reside in any household where animals are present for a reasonable period of time or SB1310 Engrossed - 97 - LRB096 09456 RLC 19613 b permanently, if necessary.
(1) Not harbor animals or reside in any household where animals are present for a reasonable period of time or SB1310 Enrolled - 97 - LRB096 09456 RLC 19613 b permanently, if necessary.
"Sexual conduct" means any knowing touching or fondling by a person, either directly or through clothing, of the sex organs or anus of an animal or any transfer or transmission of SB1310 Engrossed - 98 - LRB096 09456 RLC 19613 b semen by the person upon any part of the animal, for the purpose of sexual gratification or arousal of the person.
"Sexual conduct" means any knowing touching or fondling by a person, either directly or through clothing, of the sex organs or anus of an animal or any transfer or transmission of SB1310 Enrolled - 98 - LRB096 09456 RLC 19613 b semen by the person upon any part of the animal, for the purpose of sexual gratification or arousal of the person.
SB1310 Engrossed - 99 - LRB096 09456 RLC 19613 b Section 900.
SB1310 Enrolled - 99 - LRB096 09456 RLC 19613 b Section 900.
At a minimum, these efforts shall be renewed each time the child requires a placement change and it is appropriate for the child to be SB1310 Engrossed - 100 - LRB096 09456 RLC 19613 b cared for in a home environment.
At a minimum, these efforts shall be renewed each time the child requires a placement change and it is appropriate for the child to be SB1310 Enrolled - 100 - LRB096 09456 RLC 19613 b cared for in a home environment.
If the Department determines that efforts to identify and locate relatives would be futile or inconsistent with the child's best interests, the Department shall document the basis of its determination and maintain the documentation in the SB1310 Engrossed - 101 - LRB096 09456 RLC 19613 b child's case file.
If the Department determines that efforts to identify and locate relatives would be futile or inconsistent with the child's best interests, the Department shall document the basis of its determination and maintain the documentation in the SB1310 Enrolled - 101 - LRB096 09456 RLC 19613 b child's case file.
SB1310 Engrossed - 102 - LRB096 09456 RLC 19613 b (1.2) solicitation of murder for hire;
SB1310 Enrolled - 102 - LRB096 09456 RLC 19613 b (1.2) solicitation of murder for hire;
SB1310 Engrossed - 103 - LRB096 09456 RLC 19613 b (12) aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05;
SB1310 Enrolled - 103 - LRB096 09456 RLC 19613 b (12) aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05;
grandparent, sibling, great-grandparent, uncle, aunt, nephew, niece, first cousin, SB1310 Engrossed - 104 - LRB096 09456 RLC 19613 b second cousin, godparent, great-uncle, or great-aunt;
grandparent, sibling, great-grandparent, uncle, aunt, nephew, niece, first cousin, SB1310 Enrolled - 104 - LRB096 09456 RLC 19613 b second cousin, godparent, great-uncle, or great-aunt;
In rejecting placement of a child with an identified relative, the Department shall ensure that the child's health, SB1310 Engrossed - 105 - LRB096 09456 RLC 19613 b safety, and best interests are met.
In rejecting placement of a child with an identified relative, the Department shall ensure that the child's health, SB1310 Enrolled - 105 - LRB096 09456 RLC 19613 b safety, and best interests are met.
(c-1) At the time of placement, the Department shall consider concurrent planning, as described in subsection (l-1) of Section 5, so that permanency may occur at the earliest SB1310 Engrossed - 106 - LRB096 09456 RLC 19613 b opportunity.
(c-1) At the time of placement, the Department shall consider concurrent planning, as described in subsection (l-1) of Section 5, so that permanency may occur at the earliest SB1310 Enrolled - 106 - LRB096 09456 RLC 19613 b opportunity.
Unless otherwise noted herein, it shall be the duty of all policing bodies of this State, the clerk of the circuit SB1310 Engrossed - 107 - LRB096 09456 RLC 19613 b 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.
Unless otherwise noted herein, it shall be the duty of all policing bodies of this State, the clerk of the circuit SB1310 Enrolled - 107 - LRB096 09456 RLC 19613 b 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.
With approval of the Department, the State's Attorney may enter into arrangements with other agencies for the purpose of furnishing the information required SB1310 Engrossed - 108 - LRB096 09456 RLC 19613 b by this subsection (b) to the Department upon the State's Attorney's behalf.
With approval of the Department, the State's Attorney may enter into arrangements with other agencies for the purpose of furnishing the information required SB1310 Enrolled - 108 - LRB096 09456 RLC 19613 b by this subsection (b) to the Department upon the State's Attorney's behalf.
(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 or subdivision (b)(1) of Section 12-3.05 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 SB1310 Engrossed - 109 - LRB096 09456 RLC 19613 b Act, or Section 5-615 of the Juvenile Court Act of 1987;
(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 or subdivision (b)(1) of Section 12-3.05 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 SB1310 Enrolled - 109 - LRB096 09456 RLC 19613 b Act, or Section 5-615 of the Juvenile Court Act of 1987;
The court shall so order the requested fingerprinting, if it SB1310 Engrossed - 110 - LRB096 09456 RLC 19613 b determines that any such person has not previously been fingerprinted for the same case.
The court shall so order the requested fingerprinting, if it SB1310 Enrolled - 110 - LRB096 09456 RLC 19613 b determines that any such person has not previously been fingerprinted for the same case.
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 SB1310 Engrossed - 111 - LRB096 09456 RLC 19613 b death, whichever is appropriate, shall also be so furnished to the Department.
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 SB1310 Enrolled - 111 - LRB096 09456 RLC 19613 b death, whichever is appropriate, shall also be so furnished to the Department.
(i) Business Offense (730 ILCS 5/5-1-2), (ii) Charge (730 ILCS 5/5-1-3), (iii) Court (730 ILCS 5/5-1-6), (iv) Defendant (730 ILCS 5/5-1-7), (v) Felony (730 ILCS 5/5-1-9), (vi) Imprisonment (730 ILCS 5/5-1-10), (vii) Judgment (730 ILCS 5/5-1-12), (viii) Misdemeanor (730 ILCS 5/5-1-14), (ix) Offense (730 ILCS 5/5-1-15), (x) Parole (730 ILCS 5/5-1-16), (xi) Petty Offense (730 ILCS 5/5-1-17), (xii) Probation (730 ILCS 5/5-1-18), (xiii) Sentence (730 ILCS 5/5-1-19), SB1310 Engrossed - 112 - LRB096 09456 RLC 19613 b (xiv) Supervision (730 ILCS 5/5-1-21), and (xv) Victim (730 ILCS 5/5-1-22).
(i) Business Offense (730 ILCS 5/5-1-2), (ii) Charge (730 ILCS 5/5-1-3), (iii) Court (730 ILCS 5/5-1-6), (iv) Defendant (730 ILCS 5/5-1-7), (v) Felony (730 ILCS 5/5-1-9), (vi) Imprisonment (730 ILCS 5/5-1-10), (vii) Judgment (730 ILCS 5/5-1-12), (viii) Misdemeanor (730 ILCS 5/5-1-14), (ix) Offense (730 ILCS 5/5-1-15), (x) Parole (730 ILCS 5/5-1-16), (xi) Petty Offense (730 ILCS 5/5-1-17), (xii) Probation (730 ILCS 5/5-1-18), (xiii) Sentence (730 ILCS 5/5-1-19), SB1310 Enrolled - 112 - LRB096 09456 RLC 19613 b (xiv) Supervision (730 ILCS 5/5-1-21), and (xv) Victim (730 ILCS 5/5-1-22).
As used in this Section, a minor traffic SB1310 Engrossed - 113 - LRB096 09456 RLC 19613 b offense (as defined in subsection (a)(1)(G)) shall not be considered a criminal offense.
As used in this Section, a minor traffic SB1310 Enrolled - 113 - LRB096 09456 RLC 19613 b offense (as defined in subsection (a)(1)(G)) shall not be considered a criminal offense.
(G) "Minor traffic offense" means a petty offense, SB1310 Engrossed - 114 - LRB096 09456 RLC 19613 b business offense, or Class C misdemeanor under the Illinois Vehicle Code or a similar provision of a municipal or local ordinance.
(G) "Minor traffic offense" means a petty offense, SB1310 Enrolled - 114 - LRB096 09456 RLC 19613 b business offense, or Class C misdemeanor under the Illinois Vehicle Code or a similar provision of a municipal or local ordinance.
For the purpose of this Section, "successful completion" of an order of qualified probation under Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act and Section 40-10 of the Alcoholism and Other Drug Abuse SB1310 Engrossed - 115 - LRB096 09456 RLC 19613 b and Dependency Act means that the probation was terminated satisfactorily and the judgment of conviction was vacated.
For the purpose of this Section, "successful completion" of an order of qualified probation under Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act and Section 40-10 of the Alcoholism and Other Drug Abuse SB1310 Enrolled - 115 - LRB096 09456 RLC 19613 b and Dependency Act means that the probation was terminated satisfactorily and the judgment of conviction was vacated.
SB1310 Engrossed - 116 - LRB096 09456 RLC 19613 b (3) Exclusions.
SB1310 Enrolled - 116 - LRB096 09456 RLC 19613 b (3) Exclusions.
(ii) Section 12-3.4, 12-15, 12-30, or 26-5 of SB1310 Engrossed - 117 - LRB096 09456 RLC 19613 b the Criminal Code of 1961 or a similar provision of a local ordinance;
(ii) Section 12-3.4, 12-15, 12-30, or 26-5 of SB1310 Enrolled - 117 - LRB096 09456 RLC 19613 b the Criminal Code of 1961 or a similar provision of a local ordinance;
(ii) the charge is brought along with another charge as a part of one case and the charge results in acquittal, dismissal, or conviction when the conviction was reversed or vacated, and another charge brought in the same case results in a disposition for a misdemeanor offense that is eligible to be sealed pursuant to subsection (c) or a disposition listed in paragraph (i), (iii) or SB1310 Engrossed - 118 - LRB096 09456 RLC 19613 b (iv) of this subsection;
(ii) the charge is brought along with another charge as a part of one case and the charge results in acquittal, dismissal, or conviction when the conviction was reversed or vacated, and another charge brought in the same case results in a disposition for a misdemeanor offense that is eligible to be sealed pursuant to subsection (c) or a disposition listed in paragraph (i), (iii) or SB1310 Enrolled - 118 - LRB096 09456 RLC 19613 b (iv) of this subsection;
SB1310 Engrossed - 119 - LRB096 09456 RLC 19613 b (ii) a conviction which was vacated or reversed, unless excluded by subsection (a)(3)(B);
SB1310 Enrolled - 119 - LRB096 09456 RLC 19613 b (ii) a conviction which was vacated or reversed, unless excluded by subsection (a)(3)(B);
(i) Those arrests or charges that resulted in orders of supervision under Section 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or a similar provision of a local ordinance, or under Section 12-3.2, 12-15 or 16A-3 of the Criminal Code of 1961 or a similar provision of a local ordinance, shall not be eligible for expungement SB1310 Engrossed - 120 - LRB096 09456 RLC 19613 b until 5 years have passed following the satisfactory termination of the supervision.
(i) Those arrests or charges that resulted in orders of supervision under Section 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or a similar provision of a local ordinance, or under Section 12-3.2, 12-15 or 16A-3 of the Criminal Code of 1961 or a similar provision of a local ordinance, shall not be eligible for expungement SB1310 Enrolled - 120 - LRB096 09456 RLC 19613 b until 5 years have passed following the satisfactory termination of the supervision.
(4) Whenever a person has been arrested for or convicted of any offense, in the name of a person whose identity he or she 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 or her 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 SB1310 Engrossed - 121 - LRB096 09456 RLC 19613 b 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 or her 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.
(4) Whenever a person has been arrested for or convicted of any offense, in the name of a person whose identity he or she 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 or her 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 SB1310 Enrolled - 121 - LRB096 09456 RLC 19613 b 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 or her 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.
(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 SB1310 Engrossed - 122 - LRB096 09456 RLC 19613 b the petitioner's trial to have a court order entered to seal the records of the circuit court clerk in connection with the proceedings of the trial court concerning that offense.
(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 SB1310 Enrolled - 122 - LRB096 09456 RLC 19613 b the petitioner's trial to have a court order entered to seal the records of the circuit court clerk in connection with the proceedings of the trial court concerning that offense.
(7) Nothing in this Section 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 or subdivision (b)(1) of Section 12-3.05 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 SB1310 Engrossed - 123 - LRB096 09456 RLC 19613 b Act, or Section 10 of the Steroid Control Act.
(7) Nothing in this Section 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 or subdivision (b)(1) of Section 12-3.05 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 SB1310 Enrolled - 123 - LRB096 09456 RLC 19613 b Act, or Section 10 of the Steroid Control Act.
(E) Arrests or charges not initiated by arrest resulting in orders of first offender probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 SB1310 Engrossed - 124 - LRB096 09456 RLC 19613 b of the Methamphetamine Control and Community Protection Act;
(E) Arrests or charges not initiated by arrest resulting in orders of first offender probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 SB1310 Enrolled - 124 - LRB096 09456 RLC 19613 b of the Methamphetamine Control and Community Protection Act;
or (ii) 4 years after the termination of the petitioner's last sentence (as defined in subsection (a)(1)(F)) if the petitioner has SB1310 Engrossed - 125 - LRB096 09456 RLC 19613 b ever been convicted of a criminal offense (as defined in subsection (a)(1)(D)).
or (ii) 4 years after the termination of the petitioner's last sentence (as defined in subsection (a)(1)(F)) if the petitioner has SB1310 Enrolled - 125 - LRB096 09456 RLC 19613 b ever been convicted of a criminal offense (as defined in subsection (a)(1)(D)).
Upon becoming eligible to petition for the expungement or sealing of records under this Section, the petitioner shall file a petition SB1310 Engrossed - 126 - LRB096 09456 RLC 19613 b requesting the expungement or sealing of records with the clerk of the court where the arrests occurred or the charges were brought, or both.
Upon becoming eligible to petition for the expungement or sealing of records under this Section, the petitioner shall file a petition SB1310 Enrolled - 126 - LRB096 09456 RLC 19613 b requesting the expungement or sealing of records with the clerk of the court where the arrests occurred or the charges were brought, or both.
SB1310 Engrossed - 127 - LRB096 09456 RLC 19613 b (4) Service of petition.
SB1310 Enrolled - 127 - LRB096 09456 RLC 19613 b (4) Service of petition.
(B) Unless the State's Attorney or prosecutor, the Department of State Police, the arresting agency, or the chief legal officer files an objection to the SB1310 Engrossed - 128 - LRB096 09456 RLC 19613 b petition to expunge or seal within 60 days from the date of service of the petition, the court shall enter an order granting or denying the petition.
(B) Unless the State's Attorney or prosecutor, the Department of State Police, the arresting agency, or the chief legal officer files an objection to the SB1310 Enrolled - 128 - LRB096 09456 RLC 19613 b petition to expunge or seal within 60 days from the date of service of the petition, the court shall enter an order granting or denying the petition.
(i) the records shall be expunged (as defined in subsection (a)(1)(E)) by the arresting agency, the Department, and any other agency as ordered by SB1310 Engrossed - 129 - LRB096 09456 RLC 19613 b the court, within 60 days of the date of service of the order, unless a motion to vacate, modify, or reconsider the order is filed pursuant to paragraph (12) of subsection (d) of this Section;
(i) the records shall be expunged (as defined in subsection (a)(1)(E)) by the arresting agency, the Department, and any other agency as ordered by SB1310 Enrolled - 129 - LRB096 09456 RLC 19613 b the court, within 60 days of the date of service of the order, unless a motion to vacate, modify, or reconsider the order is filed pursuant to paragraph (12) of subsection (d) of this Section;
(i) the records shall be expunged (as defined in subsection (a)(1)(E)) by the arresting agency and any other agency as ordered by the court, within 60 days of the date of service of the order, unless a motion to vacate, modify, or reconsider the order is filed pursuant to paragraph (12) of SB1310 Engrossed - 130 - LRB096 09456 RLC 19613 b subsection (d) of this Section;
(i) the records shall be expunged (as defined in subsection (a)(1)(E)) by the arresting agency and any other agency as ordered by the court, within 60 days of the date of service of the order, unless a motion to vacate, modify, or reconsider the order is filed pursuant to paragraph (12) of SB1310 Enrolled - 130 - LRB096 09456 RLC 19613 b subsection (d) of this Section;
and (v) in response to an inquiry for such records from anyone not authorized by law to access such records the court, the Department, or the agency SB1310 Engrossed - 131 - LRB096 09456 RLC 19613 b receiving such inquiry shall reply as it does in response to inquiries when no records ever existed.
and (v) in response to an inquiry for such records from anyone not authorized by law to access such records the court, the Department, or the agency SB1310 Enrolled - 131 - LRB096 09456 RLC 19613 b receiving such inquiry shall reply as it does in response to inquiries when no records ever existed.
The circuit court clerk shall collect and forward the Department of State Police portion SB1310 Engrossed - 132 - LRB096 09456 RLC 19613 b of the fee to the Department and it shall be deposited in the State Police Services Fund.
The circuit court clerk shall collect and forward the Department of State Police portion SB1310 Enrolled - 132 - LRB096 09456 RLC 19613 b of the fee to the Department and it shall be deposited in the State Police Services Fund.
(e) Whenever a person who has been convicted of an offense is granted a pardon by the Governor which specifically authorizes expungement, he or she 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, 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 circuit court clerk 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 SB1310 Engrossed - 133 - LRB096 09456 RLC 19613 b Act in connection with the arrest and conviction for the offense for which he or she had been pardoned but the order shall not affect any index issued by the circuit court clerk before the entry of the order.
(e) Whenever a person who has been convicted of an offense is granted a pardon by the Governor which specifically authorizes expungement, he or she 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, 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 circuit court clerk 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 SB1310 Enrolled - 133 - LRB096 09456 RLC 19613 b Act in connection with the arrest and conviction for the offense for which he or she had been pardoned but the order shall not affect any index issued by the circuit court clerk before the entry of the order.
SB1310 Engrossed - 134 - LRB096 09456 RLC 19613 b (Source:
SB1310 Enrolled - 134 - LRB096 09456 RLC 19613 b (Source:
(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 SB1310 Engrossed - 135 - LRB096 09456 RLC 19613 b display and is distinguished from a system in which such activities are performed manually.
(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 SB1310 Enrolled - 135 - LRB096 09456 RLC 19613 b display and is distinguished from a system in which such activities are performed manually.
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 or subdivision (b)(1) of Section 12-3.05 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 SB1310 Engrossed - 136 - LRB096 09456 RLC 19613 b deemed "conviction information".
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 or subdivision (b)(1) of Section 12-3.05 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 SB1310 Enrolled - 136 - LRB096 09456 RLC 19613 b deemed "conviction information".
SB1310 Engrossed - 137 - LRB096 09456 RLC 19613 b (K) "Disseminate" means to disclose or transmit conviction information in any form, oral, written, or otherwise.
SB1310 Enrolled - 137 - LRB096 09456 RLC 19613 b (K) "Disseminate" means to disclose or transmit conviction information in any form, oral, written, or otherwise.
9-11-05.) SB1310 Engrossed - 138 - LRB096 09456 RLC 19613 b Section 915.
9-11-05.) SB1310 Enrolled - 138 - LRB096 09456 RLC 19613 b Section 915.
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 or subdivision (b)(1) of Section 12-3.05 of the Criminal Code of 1961, Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act, Section 40-10 of the SB1310 Engrossed - 139 - LRB096 09456 RLC 19613 b Alcoholism and Other Drug Abuse and Dependency Act, or Section 10 of the Steroid Control Act.
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 or subdivision (b)(1) of Section 12-3.05 of the Criminal Code of 1961, Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act, Section 40-10 of the SB1310 Enrolled - 139 - LRB096 09456 RLC 19613 b Alcoholism and Other Drug Abuse and Dependency Act, or Section 10 of the Steroid Control Act.
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 SB1310 Engrossed - 140 - LRB096 09456 RLC 19613 b 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:
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 SB1310 Enrolled - 140 - LRB096 09456 RLC 19613 b 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:
The Department of State Police shall conduct an SB1310 Engrossed - 141 - LRB096 09456 RLC 19613 b investigation to ascertain if the applicant has been convicted of any of the above enumerated offenses.
The Department of State Police shall conduct an SB1310 Enrolled - 141 - LRB096 09456 RLC 19613 b investigation to ascertain if the applicant has been convicted of any of the above enumerated offenses.
SB1310 Engrossed - 142 - LRB096 09456 RLC 19613 b (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:
SB1310 Enrolled - 142 - LRB096 09456 RLC 19613 b (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:
SB1310 Engrossed - 143 - LRB096 09456 RLC 19613 b (3.4) aiding and abetting child abduction;
SB1310 Enrolled - 143 - LRB096 09456 RLC 19613 b (3.4) aiding and abetting child abduction;
SB1310 Engrossed - 144 - LRB096 09456 RLC 19613 b (22) criminal abuse or neglect of an elderly or disabled person as described in Section 12-21 or subsection (b) of Section 12-4.4a;
SB1310 Enrolled - 144 - LRB096 09456 RLC 19613 b (22) criminal abuse or neglect of an elderly or disabled person as described in Section 12-21 or subsection (b) of Section 12-4.4a;
SB1310 Engrossed - 145 - LRB096 09456 RLC 19613 b (4) Aggravated battery.
SB1310 Enrolled - 145 - LRB096 09456 RLC 19613 b (4) Aggravated battery.
SB1310 Engrossed - 146 - LRB096 09456 RLC 19613 b (III) DRUG OFFENSES (1) Possession of more than 30 grams of cannabis.
SB1310 Enrolled - 146 - LRB096 09456 RLC 19613 b (III) DRUG OFFENSES (1) Possession of more than 30 grams of cannabis.
(17) Felony possession, sale, or exchange of SB1310 Engrossed - 147 - LRB096 09456 RLC 19613 b instruments adapted for use of a controlled substance, methamphetamine, or cannabis by subcutaneous injection.
(17) Felony possession, sale, or exchange of SB1310 Enrolled - 147 - LRB096 09456 RLC 19613 b instruments adapted for use of a controlled substance, methamphetamine, or cannabis by subcutaneous injection.
(3) The applicant meets all other requirements and SB1310 Engrossed - 148 - LRB096 09456 RLC 19613 b qualifications to be licensed as the pertinent type of child care facility under this Act and the Department's administrative rules.
(3) The applicant meets all other requirements and SB1310 Enrolled - 148 - LRB096 09456 RLC 19613 b qualifications to be licensed as the pertinent type of child care facility under this Act and the Department's administrative rules.
SB1310 Engrossed - 149 - LRB096 09456 RLC 19613 b (9) Aggravated battery of a senior citizen.
SB1310 Enrolled - 149 - LRB096 09456 RLC 19613 b (9) Aggravated battery of a senior citizen.
(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY SB1310 Engrossed - 150 - LRB096 09456 RLC 19613 b (27) Felony unlawful use of weapons.
(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY SB1310 Enrolled - 150 - LRB096 09456 RLC 19613 b (27) Felony unlawful use of weapons.
SB1310 Engrossed - 151 - LRB096 09456 RLC 19613 b (45) Manufacture, distribution, or advertisement of look-alike substances.
SB1310 Enrolled - 151 - LRB096 09456 RLC 19613 b (45) Manufacture, distribution, or advertisement of look-alike substances.
SB1310 Engrossed - 152 - LRB096 09456 RLC 19613 b (2) The applicant had previously disclosed the conviction or convictions to the Department for purposes of a background check.
SB1310 Enrolled - 152 - LRB096 09456 RLC 19613 b (2) The applicant had previously disclosed the conviction or convictions to the Department for purposes of a background check.
(a) In the discretion of the Director of Public Health, as soon after January 1, 1996, January 1, 1997, January 1, 2006, SB1310 Engrossed - 153 - LRB096 09456 RLC 19613 b or October 1, 2007, as applicable, and as is reasonably practical, 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, and no long-term care facility shall knowingly hire, employ, or retain any individual in a position with duties that involve or may involve contact with residents or access to the living quarters or the financial, medical, or personal records of residents, who has been convicted of committing or attempting to commit one or more of the following offenses:
(a) In the discretion of the Director of Public Health, as soon after January 1, 1996, January 1, 1997, January 1, 2006, SB1310 Enrolled - 153 - LRB096 09456 RLC 19613 b or October 1, 2007, as applicable, and as is reasonably practical, 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, and no long-term care facility shall knowingly hire, employ, or retain any individual in a position with duties that involve or may involve contact with residents or access to the living quarters or the financial, medical, or personal records of residents, who has been convicted of committing or attempting to commit one or more of the following offenses:
or those defined in Sections 401, 401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois Controlled Substances SB1310 Engrossed - 154 - LRB096 09456 RLC 19613 b Act, unless the applicant or employee obtains a waiver pursuant to Section 40.
or those defined in Sections 401, 401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois Controlled Substances SB1310 Enrolled - 154 - LRB096 09456 RLC 19613 b Act, unless the applicant or employee obtains a waiver pursuant to Section 40.
A health care employer is not required to retain an individual in a position with duties involving direct care for clients, patients, or residents, and no long-term care facility is required to retain an individual in a position with duties that involve or may involve contact with residents or access to the living quarters or the financial, medical, or personal SB1310 Engrossed - 155 - LRB096 09456 RLC 19613 b records of residents, who has been convicted of committing or attempting to commit one or more of the offenses enumerated in this subsection.
A health care employer is not required to retain an individual in a position with duties involving direct care for clients, patients, or residents, and no long-term care facility is required to retain an individual in a position with duties that involve or may involve contact with residents or access to the living quarters or the financial, medical, or personal SB1310 Enrolled - 155 - LRB096 09456 RLC 19613 b records of residents, who has been convicted of committing or attempting to commit one or more of the offenses enumerated in this subsection.
SB1310 Engrossed - 156 - LRB096 09456 RLC 19613 b (225 ILCS 70/17) (from Ch.
SB1310 Enrolled - 156 - LRB096 09456 RLC 19613 b (225 ILCS 70/17) (from Ch.
(6) Engaging in dishonorable, unethical or SB1310 Engrossed - 157 - LRB096 09456 RLC 19613 b unprofessional conduct of a character likely to deceive, defraud or harm the public.
(6) Engaging in dishonorable, unethical or SB1310 Enrolled - 157 - LRB096 09456 RLC 19613 b unprofessional conduct of a character likely to deceive, defraud or harm the public.
(14) Allowing one's license to be used by an unlicensed SB1310 Engrossed - 158 - LRB096 09456 RLC 19613 b person.
(14) Allowing one's license to be used by an unlicensed SB1310 Enrolled - 158 - LRB096 09456 RLC 19613 b person.
SB1310 Engrossed - 159 - LRB096 09456 RLC 19613 b (20) Failure to report to the Department the surrender of a license or authorization to practice as a nursing home administrator in another state or jurisdiction for acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action under this Section.
SB1310 Enrolled - 159 - LRB096 09456 RLC 19613 b (20) Failure to report to the Department the surrender of a license or authorization to practice as a nursing home administrator in another state or jurisdiction for acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action under this Section.
SB1310 Engrossed - 160 - LRB096 09456 RLC 19613 b The Department, upon the recommendation of the Board, may adopt rules which set forth standards to be used in determining what constitutes:
SB1310 Enrolled - 160 - LRB096 09456 RLC 19613 b The Department, upon the recommendation of the Board, may adopt rules which set forth standards to be used in determining what constitutes:
No information shall be excluded by reason of any common law or SB1310 Engrossed - 161 - LRB096 09456 RLC 19613 b statutory privilege relating to communications between the licensee or applicant and the examining physician.
No information shall be excluded by reason of any common law or SB1310 Enrolled - 161 - LRB096 09456 RLC 19613 b statutory privilege relating to communications between the licensee or applicant and the examining physician.
Any individual whose license was granted pursuant to 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 shall be referred to the Secretary for a determination as to whether the licensee shall have his or her license suspended SB1310 Engrossed - 162 - LRB096 09456 RLC 19613 b immediately, pending a hearing by the Department.
Any individual whose license was granted pursuant to 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 shall be referred to the Secretary for a determination as to whether the licensee shall have his or her license suspended SB1310 Enrolled - 162 - LRB096 09456 RLC 19613 b immediately, pending a hearing by the Department.
(c) Members of the Board, and persons retained under contract to assist and advise in an investigation, shall be indemnified by the State for any actions occurring within the SB1310 Engrossed - 163 - LRB096 09456 RLC 19613 b scope of services on or for the Board, done in good faith and not wilful and wanton in nature.
(c) Members of the Board, and persons retained under contract to assist and advise in an investigation, shall be indemnified by the State for any actions occurring within the SB1310 Enrolled - 163 - LRB096 09456 RLC 19613 b scope of services on or for the Board, done in good faith and not wilful and wanton in nature.
(d) The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities SB1310 Engrossed - 164 - LRB096 09456 RLC 19613 b Code, as amended, operates as an automatic suspension.
(d) The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities SB1310 Enrolled - 164 - LRB096 09456 RLC 19613 b Code, as amended, operates as an automatic suspension.
SB1310 Engrossed - 165 - LRB096 09456 RLC 19613 b (a) Whenever the Department receives a report of HIV infection or AIDS pursuant to this Act and the Department determines that the subject of the report may present or may have presented a possible risk of HIV transmission, the Department shall, when medically appropriate, investigate the subject of the report and that person's contacts as defined in subsection (c), to assess the potential risks of transmission.
SB1310 Enrolled - 165 - LRB096 09456 RLC 19613 b (a) Whenever the Department receives a report of HIV infection or AIDS pursuant to this Act and the Department determines that the subject of the report may present or may have presented a possible risk of HIV transmission, the Department shall, when medically appropriate, investigate the subject of the report and that person's contacts as defined in subsection (c), to assess the potential risks of transmission.
If the subject declines to notify such contacts or if the Department determines the notices to be inadequate or incomplete, the Department shall endeavor to notify such other persons of the potential risk, and offer testing and counseling SB1310 Engrossed - 166 - LRB096 09456 RLC 19613 b services to these individuals.
If the subject declines to notify such contacts or if the Department determines the notices to be inadequate or incomplete, the Department shall endeavor to notify such other persons of the potential risk, and offer testing and counseling SB1310 Enrolled - 166 - LRB096 09456 RLC 19613 b services to these individuals.
(d) All information and records held by the Department and local health authorities pertaining to activities conducted pursuant to this Section shall be strictly confidential and SB1310 Engrossed - 167 - LRB096 09456 RLC 19613 b exempt from copying and inspection under the Freedom of Information Act.
(d) All information and records held by the Department and local health authorities pertaining to activities conducted pursuant to this Section shall be strictly confidential and SB1310 Enrolled - 167 - LRB096 09456 RLC 19613 b exempt from copying and inspection under the Freedom of Information Act.
SB1310 Engrossed - 168 - LRB096 09456 RLC 19613 b (625 ILCS 5/6-106.1) Sec.
SB1310 Enrolled - 168 - LRB096 09456 RLC 19613 b (625 ILCS 5/6-106.1) Sec.
The applicant shall be required to pay all related application and fingerprinting fees as established by SB1310 Engrossed - 169 - LRB096 09456 RLC 19613 b 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.
The applicant shall be required to pay all related application and fingerprinting fees as established by SB1310 Enrolled - 169 - LRB096 09456 RLC 19613 b 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.
SB1310 Engrossed - 170 - LRB096 09456 RLC 19613 b 5.
SB1310 Enrolled - 170 - LRB096 09456 RLC 19613 b 5.
failure to complete the annual refresher course, shall result in cancellation of the SB1310 Engrossed - 171 - LRB096 09456 RLC 19613 b permit until such course is completed;
failure to complete the annual refresher course, shall result in cancellation of the SB1310 Enrolled - 171 - LRB096 09456 RLC 19613 b permit until such course is completed;
(i) those offenses defined in Sections 8-1.2, 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, 10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 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, 11-20.1, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, SB1310 Engrossed - 172 - LRB096 09456 RLC 19613 b 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection (b) of Section 8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and in subsection (a) and subsection (b), clause (1), of Section 12-4, and in subsection (A), clauses (a) and (b), of Section 24-3, and those offenses contained in Article 29D of the Criminal Code of 1961;
(i) those offenses defined in Sections 8-1.2, 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, 10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 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, 11-20.1, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, SB1310 Enrolled - 172 - LRB096 09456 RLC 19613 b 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection (b) of Section 8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and in subsection (a) and subsection (b), clause (1), of Section 12-4, and in subsection (A), clauses (a) and (b), of Section 24-3, and those offenses contained in Article 29D of the Criminal Code of 1961;
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 SB1310 Engrossed - 173 - LRB096 09456 RLC 19613 b 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;
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 SB1310 Enrolled - 173 - LRB096 09456 RLC 19613 b 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;
(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 SB1310 Engrossed - 174 - LRB096 09456 RLC 19613 b investigations.
(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 SB1310 Enrolled - 174 - LRB096 09456 RLC 19613 b investigations.
SB1310 Engrossed - 175 - LRB096 09456 RLC 19613 b (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.
SB1310 Enrolled - 175 - LRB096 09456 RLC 19613 b (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.
(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 SB1310 Engrossed - 176 - LRB096 09456 RLC 19613 b required in item 6 of subsection (a) of this Section or under federal law.
(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 SB1310 Enrolled - 176 - LRB096 09456 RLC 19613 b required in item 6 of subsection (a) of this Section or under federal law.
The permit holder's employer shall notify in writing to the SB1310 Engrossed - 177 - LRB096 09456 RLC 19613 b 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.
The permit holder's employer shall notify in writing to the SB1310 Enrolled - 177 - LRB096 09456 RLC 19613 b 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.
(i) A school bus driver permit holder who is a service member returning from active duty must, within 90 days, renew a permit characterized as inactive pursuant to subsection (h) of this Section by complying with the renewal requirements of SB1310 Engrossed - 178 - LRB096 09456 RLC 19613 b subsection (b) of this Section.
(i) A school bus driver permit holder who is a service member returning from active duty must, within 90 days, renew a permit characterized as inactive pursuant to subsection (h) of this Section by complying with the renewal requirements of SB1310 Enrolled - 178 - LRB096 09456 RLC 19613 b subsection (b) of this Section.
Part 383.75, to administer the skills test or tests specified by Federal Motor Carrier Safety Administration SB1310 Engrossed - 179 - LRB096 09456 RLC 19613 b pursuant to the Commercial Motor Vehicle Safety Act of 1986 and any appropriate federal rule.
Part 383.75, to administer the skills test or tests specified by Federal Motor Carrier Safety Administration SB1310 Enrolled - 179 - LRB096 09456 RLC 19613 b pursuant to the Commercial Motor Vehicle Safety Act of 1986 and any appropriate federal rule.
These SB1310 Engrossed - 180 - LRB096 09456 RLC 19613 b 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;
These SB1310 Enrolled - 180 - LRB096 09456 RLC 19613 b 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;
(i) those offenses defined in Sections 8-1.2, 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, 10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 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, 11-20.1, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14, 12-14.1, 12-15, SB1310 Engrossed - 181 - LRB096 09456 RLC 19613 b 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection (b) of Section 8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and in subsection (a) and subsection (b), clause (1), of Section 12-4, and in subsection (A), clauses (a) and (b), of Section 24-3, and those offenses contained in Article 29D of the Criminal Code of 1961;
(i) those offenses defined in Sections 8-1.2, 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, 10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 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, 11-20.1, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14, 12-14.1, 12-15, SB1310 Enrolled - 181 - LRB096 09456 RLC 19613 b 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection (b) of Section 8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and in subsection (a) and subsection (b), clause (1), of Section 12-4, and in subsection (A), clauses (a) and (b), of Section 24-3, and those offenses contained in Article 29D of the Criminal Code of 1961;
The Department of State Police shall charge a fee for SB1310 Engrossed - 182 - LRB096 09456 RLC 19613 b 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.
The Department of State Police shall charge a fee for SB1310 Enrolled - 182 - LRB096 09456 RLC 19613 b 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.
The Juvenile Court Act of 1987 is amended by changing Sections 2-25, 3-26, 4-23, 5-130, 5-410, and 5-730 as SB1310 Engrossed - 183 - LRB096 09456 RLC 19613 b follows:
The Juvenile Court Act of 1987 is amended by changing Sections 2-25, 3-26, 4-23, 5-130, 5-410, and 5-730 as SB1310 Enrolled - 183 - LRB096 09456 RLC 19613 b follows:
SB1310 Engrossed - 184 - LRB096 09456 RLC 19613 b (g) to refrain from acts of commission or omission that tend to make the home not a proper place for the minor;
SB1310 Enrolled - 184 - LRB096 09456 RLC 19613 b (g) to refrain from acts of commission or omission that tend to make the home not a proper place for the minor;
The Sheriff shall furnish a copy of the order of protection to the Department of State Police within 24 hours of receipt, in the SB1310 Engrossed - 185 - LRB096 09456 RLC 19613 b form and manner required by the Department.
The Sheriff shall furnish a copy of the order of protection to the Department of State Police within 24 hours of receipt, in the SB1310 Enrolled - 185 - LRB096 09456 RLC 19613 b form and manner required by the Department.
When a SB1310 Engrossed - 186 - LRB096 09456 RLC 19613 b protective order is being sought in conjunction with a temporary custody hearing, if the court finds that the person against whom the protective order is being sought has been notified of the hearing or that diligent efforts have been made to notify such person, the court may conduct a hearing.
When a SB1310 Enrolled - 186 - LRB096 09456 RLC 19613 b protective order is being sought in conjunction with a temporary custody hearing, if the court finds that the person against whom the protective order is being sought has been notified of the hearing or that diligent efforts have been made to notify such person, the court may conduct a hearing.
Unless the person against whom the order was obtained was present in court when the order was issued, the SB1310 Engrossed - 187 - LRB096 09456 RLC 19613 b sheriff, other law enforcement official or special process server shall promptly serve that order upon that person and file proof of such service, in the manner provided for service of process in civil proceedings.
Unless the person against whom the order was obtained was present in court when the order was issued, the SB1310 Enrolled - 187 - LRB096 09456 RLC 19613 b sheriff, other law enforcement official or special process server shall promptly serve that order upon that person and file proof of such service, in the manner provided for service of process in civil proceedings.
(b) To permit a parent to visit the minor at stated SB1310 Engrossed - 188 - LRB096 09456 RLC 19613 b periods;
(b) To permit a parent to visit the minor at stated SB1310 Enrolled - 188 - LRB096 09456 RLC 19613 b periods;
(2) The court shall enter an order of protection to prohibit and prevent any contact between a respondent minor or a sibling of a respondent minor and any person named in a petition seeking an order of protection who has been convicted of heinous battery under Section 12-4.1 or aggravated battery under subdivision (a)(2) of Section 12-3.05, aggravated battery of a child under Section 12-4.3 or aggravated battery under subdivision (b)(1) of Section 12-3.05, criminal sexual assault under Section 12-13, aggravated criminal sexual assault under Section 12-14, predatory criminal sexual assault SB1310 Engrossed - 189 - LRB096 09456 RLC 19613 b of a child under Section 12-14.1, criminal sexual abuse under Section 12-15, or aggravated criminal sexual abuse under Section 12-16 of the Criminal Code of 1961, or has been convicted of an offense that resulted in the death of a child, or has violated a previous order of protection under this Section.
(2) The court shall enter an order of protection to prohibit and prevent any contact between a respondent minor or a sibling of a respondent minor and any person named in a petition seeking an order of protection who has been convicted of heinous battery under Section 12-4.1 or aggravated battery under subdivision (a)(2) of Section 12-3.05, aggravated battery of a child under Section 12-4.3 or aggravated battery under subdivision (b)(1) of Section 12-3.05, criminal sexual assault under Section 12-13, aggravated criminal sexual assault under Section 12-14, predatory criminal sexual assault SB1310 Enrolled - 189 - LRB096 09456 RLC 19613 b of a child under Section 12-14.1, criminal sexual abuse under Section 12-15, or aggravated criminal sexual abuse under Section 12-16 of the Criminal Code of 1961, or has been convicted of an offense that resulted in the death of a child, or has violated a previous order of protection under this Section.
Any person against whom an order of protection is sought may retain counsel to represent him at a hearing, and has rights to be present at the hearing, to be informed prior to the hearing in writing of the contents of the petition seeking a protective SB1310 Engrossed - 190 - LRB096 09456 RLC 19613 b order and of the date, place and time of such hearing, and to cross examine witnesses called by the petitioner and to present witnesses and argument in opposition to the relief sought in the petition.
Any person against whom an order of protection is sought may retain counsel to represent him at a hearing, and has rights to be present at the hearing, to be informed prior to the hearing in writing of the contents of the petition seeking a protective SB1310 Enrolled - 190 - LRB096 09456 RLC 19613 b order and of the date, place and time of such hearing, and to cross examine witnesses called by the petitioner and to present witnesses and argument in opposition to the relief sought in the petition.
Such person does not SB1310 Engrossed - 191 - LRB096 09456 RLC 19613 b have a right to appointed counsel or to be present at any hearing other than the hearing in which the order of protection is being sought or a hearing directly pertaining to that order.
Such person does not SB1310 Enrolled - 191 - LRB096 09456 RLC 19613 b have a right to appointed counsel or to be present at any hearing other than the hearing in which the order of protection is being sought or a hearing directly pertaining to that order.
SB1310 Engrossed - 192 - LRB096 09456 RLC 19613 b (b) To permit a parent to visit the minor at stated periods;
SB1310 Enrolled - 192 - LRB096 09456 RLC 19613 b (b) To permit a parent to visit the minor at stated periods;
(2) The court shall enter an order of protection to prohibit and prevent any contact between a respondent minor or a sibling of a respondent minor and any person named in a petition seeking an order of protection who has been convicted of heinous battery under Section 12-4.1 or aggravated battery under subdivision (a)(2) of Section 12-3.05, aggravated battery of a child under Section 12-4.3 or aggravated battery under subdivision (b)(1) of Section 12-3.05, criminal sexual assault under Section 12-13, aggravated criminal sexual SB1310 Engrossed - 193 - LRB096 09456 RLC 19613 b assault under Section 12-14, predatory criminal sexual assault of a child under Section 12-14.1, criminal sexual abuse under Section 12-15, or aggravated criminal sexual abuse under Section 12-16 of the Criminal Code of 1961, or has been convicted of an offense that resulted in the death of a child, or has violated a previous order of protection under this Section.
(2) The court shall enter an order of protection to prohibit and prevent any contact between a respondent minor or a sibling of a respondent minor and any person named in a petition seeking an order of protection who has been convicted of heinous battery under Section 12-4.1 or aggravated battery under subdivision (a)(2) of Section 12-3.05, aggravated battery of a child under Section 12-4.3 or aggravated battery under subdivision (b)(1) of Section 12-3.05, criminal sexual assault under Section 12-13, aggravated criminal sexual SB1310 Enrolled - 193 - LRB096 09456 RLC 19613 b assault under Section 12-14, predatory criminal sexual assault of a child under Section 12-14.1, criminal sexual abuse under Section 12-15, or aggravated criminal sexual abuse under Section 12-16 of the Criminal Code of 1961, or has been convicted of an offense that resulted in the death of a child, or has violated a previous order of protection under this Section.
Any person against whom an order of protection is sought may retain counsel to represent him at a hearing, and has rights to be present at the hearing, to be informed prior to the hearing SB1310 Engrossed - 194 - LRB096 09456 RLC 19613 b in writing of the contents of the petition seeking a protective order and of the date, place and time of such hearing, and to cross examine witnesses called by the petitioner and to present witnesses and argument in opposition to the relief sought in the petition.
Any person against whom an order of protection is sought may retain counsel to represent him at a hearing, and has rights to be present at the hearing, to be informed prior to the hearing SB1310 Enrolled - 194 - LRB096 09456 RLC 19613 b in writing of the contents of the petition seeking a protective order and of the date, place and time of such hearing, and to cross examine witnesses called by the petitioner and to present witnesses and argument in opposition to the relief sought in the petition.
(7) A person against whom an order of protection is being sought who is neither a parent, guardian, legal custodian or responsible relative as described in Section 1-5 is not a party or respondent as defined in that Section and shall not be SB1310 Engrossed - 195 - LRB096 09456 RLC 19613 b entitled to the rights provided therein.
(7) A person against whom an order of protection is being sought who is neither a parent, guardian, legal custodian or responsible relative as described in Section 1-5 is not a party or respondent as defined in that Section and shall not be SB1310 Enrolled - 195 - LRB096 09456 RLC 19613 b entitled to the rights provided therein.
(i) first degree murder, (ii) aggravated criminal sexual assault, (iii) aggravated battery with a firearm as SB1310 Engrossed - 196 - LRB096 09456 RLC 19613 b described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05 where the minor personally discharged a firearm as defined in Section 2-15.5 of the Criminal Code of 1961, (iv) armed robbery when the armed robbery was committed with a firearm, or (v) aggravated vehicular hijacking when the hijacking was committed with a firearm.
(i) first degree murder, (ii) aggravated criminal sexual assault, (iii) aggravated battery with a firearm as SB1310 Enrolled - 196 - LRB096 09456 RLC 19613 b described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05 where the minor personally discharged a firearm as defined in Section 2-15.5 of the Criminal Code of 1961, (iv) armed robbery when the armed robbery was committed with a firearm, or (v) aggravated vehicular hijacking when the hijacking was committed with a firearm.
(c) (i) If after trial or plea the minor is convicted of SB1310 Engrossed - 197 - LRB096 09456 RLC 19613 b 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.
(c) (i) If after trial or plea the minor is convicted of SB1310 Enrolled - 197 - LRB096 09456 RLC 19613 b 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.
(e) whether the security of the public requires sentencing under Chapter V of SB1310 Engrossed - 198 - LRB096 09456 RLC 19613 b the Unified Code of Corrections;
(e) whether the security of the public requires sentencing under Chapter V of SB1310 Enrolled - 198 - LRB096 09456 RLC 19613 b the Unified Code of Corrections;
The SB1310 Engrossed - 199 - LRB096 09456 RLC 19613 b 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.
The SB1310 Enrolled - 199 - LRB096 09456 RLC 19613 b 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.
Reasonable notice of the motion shall be given to the minor or his or her SB1310 Engrossed - 200 - LRB096 09456 RLC 19613 b counsel.
Reasonable notice of the motion shall be given to the minor or his or her SB1310 Enrolled - 200 - LRB096 09456 RLC 19613 b counsel.
However, this subsection (4) does not include a minor charged with first degree murder based exclusively upon the accountability provisions of the Criminal SB1310 Engrossed - 201 - LRB096 09456 RLC 19613 b Code of 1961.
However, this subsection (4) does not include a minor charged with first degree murder based exclusively upon the accountability provisions of the Criminal SB1310 Enrolled - 201 - LRB096 09456 RLC 19613 b Code of 1961.
(ii) If the minor was not yet 15 years of age at the time of SB1310 Engrossed - 202 - LRB096 09456 RLC 19613 b 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;
(ii) If the minor was not yet 15 years of age at the time of SB1310 Enrolled - 202 - LRB096 09456 RLC 19613 b 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;
and (f) whether the minor possessed a deadly weapon when SB1310 Engrossed - 203 - LRB096 09456 RLC 19613 b committing the offense.
and (f) whether the minor possessed a deadly weapon when SB1310 Enrolled - 203 - LRB096 09456 RLC 19613 b committing the offense.
(ii) If before trial or plea an information or indictment is filed that includes one or more charges specified in SB1310 Engrossed - 204 - LRB096 09456 RLC 19613 b 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.
(ii) If before trial or plea an information or indictment is filed that includes one or more charges specified in SB1310 Enrolled - 204 - LRB096 09456 RLC 19613 b 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.
(b) the SB1310 Engrossed - 205 - LRB096 09456 RLC 19613 b age of the minor;
(b) the SB1310 Enrolled - 205 - LRB096 09456 RLC 19613 b age of the minor;
(8) Nothing in this Act prohibits or limits the prosecution of any minor for an offense committed on or after his or her SB1310 Engrossed - 206 - LRB096 09456 RLC 19613 b 17th birthday even though he or she is at the time of the offense a ward of the court.
(8) Nothing in this Act prohibits or limits the prosecution of any minor for an offense committed on or after his or her SB1310 Enrolled - 206 - LRB096 09456 RLC 19613 b 17th birthday even though he or she is at the time of the offense a ward of the court.
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 SB1310 Engrossed - 207 - LRB096 09456 RLC 19613 b a delinquent minor under this Article.
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 SB1310 Enrolled - 207 - LRB096 09456 RLC 19613 b a delinquent minor under this Article.
(1) Any minor arrested or taken into custody pursuant to SB1310 Engrossed - 208 - LRB096 09456 RLC 19613 b this Act who requires care away from his or her home but who does not require physical restriction shall be given temporary care in a foster family home or other shelter facility designated by the court.
(1) Any minor arrested or taken into custody pursuant to SB1310 Enrolled - 208 - LRB096 09456 RLC 19613 b this Act who requires care away from his or her home but who does not require physical restriction shall be given temporary care in a foster family home or other shelter facility designated by the court.
(b-4) The consultation required by subsection (b-5) shall not be applicable if the probation officer or detention officer (or other public officer designated by the court in a county SB1310 Engrossed - 209 - LRB096 09456 RLC 19613 b having 3,000,000 or more inhabitants) utilizes a scorable detention screening instrument, which has been developed with input by the State's Attorney, to determine whether a minor should be detained, however, subsection (b-5) shall still be applicable where no such screening instrument is used or where the probation officer, detention officer (or other public officer designated by the court in a county having 3,000,000 or more inhabitants) deviates from the screening instrument.
(b-4) The consultation required by subsection (b-5) shall not be applicable if the probation officer or detention officer (or other public officer designated by the court in a county SB1310 Enrolled - 209 - LRB096 09456 RLC 19613 b having 3,000,000 or more inhabitants) utilizes a scorable detention screening instrument, which has been developed with input by the State's Attorney, to determine whether a minor should be detained, however, subsection (b-5) shall still be applicable where no such screening instrument is used or where the probation officer, detention officer (or other public officer designated by the court in a county having 3,000,000 or more inhabitants) deviates from the screening instrument.
(c) Except as otherwise provided in paragraph (a), (d), or (e), no minor shall be detained in a county jail or municipal SB1310 Engrossed - 210 - LRB096 09456 RLC 19613 b lockup for more than 12 hours, unless the offense is a crime of violence in which case the minor may be detained up to 24 hours.
(c) Except as otherwise provided in paragraph (a), (d), or (e), no minor shall be detained in a county jail or municipal SB1310 Enrolled - 210 - LRB096 09456 RLC 19613 b lockup for more than 12 hours, unless the offense is a crime of violence in which case the minor may be detained up to 24 hours.
Minors under 17 years SB1310 Engrossed - 211 - LRB096 09456 RLC 19613 b of age shall be kept separate from confined adults and may not at any time be kept in the same cell, room or yard with adults confined pursuant to criminal law.
Minors under 17 years SB1310 Enrolled - 211 - LRB096 09456 RLC 19613 b of age shall be kept separate from confined adults and may not at any time be kept in the same cell, room or yard with adults confined pursuant to criminal law.
This paragraph (d)(i) shall only apply to confinement pending an adjudicatory hearing and shall not exceed 40 hours, excluding Saturdays, Sundays and court SB1310 Engrossed - 212 - LRB096 09456 RLC 19613 b designated holidays.
This paragraph (d)(i) shall only apply to confinement pending an adjudicatory hearing and shall not exceed 40 hours, excluding Saturdays, Sundays and court SB1310 Enrolled - 212 - LRB096 09456 RLC 19613 b designated holidays.
However, any juvenile confined in the county jail under this provision shall be separated from adults who are confined in the county jail in such a manner that there will be no contact by sight, sound or otherwise between the juvenile SB1310 Engrossed - 213 - LRB096 09456 RLC 19613 b and adult prisoners.
However, any juvenile confined in the county jail under this provision shall be separated from adults who are confined in the county jail in such a manner that there will be no contact by sight, sound or otherwise between the juvenile SB1310 Enrolled - 213 - LRB096 09456 RLC 19613 b and adult prisoners.
1-1-04.) SB1310 Engrossed - 214 - LRB096 09456 RLC 19613 b (705 ILCS 405/5-730) Sec.
1-1-04.) SB1310 Enrolled - 214 - LRB096 09456 RLC 19613 b (705 ILCS 405/5-730) Sec.
SB1310 Engrossed - 215 - LRB096 09456 RLC 19613 b (2) The court shall enter an order of protection to prohibit and prevent any contact between a respondent minor or a sibling of a respondent minor and any person named in a petition seeking an order of protection who has been convicted of heinous battery under Section 12-4.1 or aggravated battery under subdivision (a)(2) of Section 12-3.05, aggravated battery of a child under Section 12-4.3 or aggravated battery under subdivision (b)(1) of Section 12-3.05, criminal sexual assault under Section 12-13, aggravated criminal sexual assault under Section 12-14, predatory criminal sexual assault of a child under Section 12-14.1, criminal sexual abuse under Section 12-15, or aggravated criminal sexual abuse under Section 12-16 of the Criminal Code of 1961, or has been convicted of an offense that resulted in the death of a child, or has violated a previous order of protection under this Section.
SB1310 Enrolled - 215 - LRB096 09456 RLC 19613 b (2) The court shall enter an order of protection to prohibit and prevent any contact between a respondent minor or a sibling of a respondent minor and any person named in a petition seeking an order of protection who has been convicted of heinous battery under Section 12-4.1 or aggravated battery under subdivision (a)(2) of Section 12-3.05, aggravated battery of a child under Section 12-4.3 or aggravated battery under subdivision (b)(1) of Section 12-3.05, criminal sexual assault under Section 12-13, aggravated criminal sexual assault under Section 12-14, predatory criminal sexual assault of a child under Section 12-14.1, criminal sexual abuse under Section 12-15, or aggravated criminal sexual abuse under Section 12-16 of the Criminal Code of 1961, or has been convicted of an offense that resulted in the death of a child, or has violated a previous order of protection under this Section.
(4) After notice and opportunity for hearing afforded to a SB1310 Engrossed - 216 - LRB096 09456 RLC 19613 b person subject to an order of protection, the order may be modified or extended for a further specified period or both or may be terminated if the court finds that the best interests of the minor and the public will be served by the modification, extension, or termination.
(4) After notice and opportunity for hearing afforded to a SB1310 Enrolled - 216 - LRB096 09456 RLC 19613 b person subject to an order of protection, the order may be modified or extended for a further specified period or both or may be terminated if the court finds that the best interests of the minor and the public will be served by the modification, extension, or termination.
If a protective order is sought at any time other than in SB1310 Engrossed - 217 - LRB096 09456 RLC 19613 b conjunction with a shelter care or detention hearing, the court may not conduct a hearing on the petition in the absence of the person against whom the order is sought unless the petitioner has notified the person by personal service at least 3 days before the hearing or has sent written notice by first class mail to the person's last known address at least 5 days before the hearing.
If a protective order is sought at any time other than in SB1310 Enrolled - 217 - LRB096 09456 RLC 19613 b conjunction with a shelter care or detention hearing, the court may not conduct a hearing on the petition in the absence of the person against whom the order is sought unless the petitioner has notified the person by personal service at least 3 days before the hearing or has sent written notice by first class mail to the person's last known address at least 5 days before the hearing.
The person against whom the protective order was obtained may seek a modification of the order by filing a written motion to modify the order within 7 SB1310 Engrossed - 218 - LRB096 09456 RLC 19613 b days after actual receipt by the person of a copy of the order.
The person against whom the protective order was obtained may seek a modification of the order by filing a written motion to modify the order within 7 SB1310 Enrolled - 218 - LRB096 09456 RLC 19613 b days after actual receipt by the person of a copy of the order.
1-1-02.) (720 ILCS 5/24-1.7) SB1310 Engrossed - 219 - LRB096 09456 RLC 19613 b Sec.
1-1-02.) (720 ILCS 5/24-1.7) SB1310 Enrolled - 219 - LRB096 09456 RLC 19613 b Sec.
(a) A person commits armed violence when, while armed with SB1310 Engrossed - 220 - LRB096 09456 RLC 19613 b a dangerous weapon, he commits any felony defined by Illinois Law, except first degree murder, attempted first degree murder, intentional homicide of an unborn child, second degree murder, involuntary manslaughter, reckless homicide, predatory criminal sexual assault of a child, aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05, home invasion, or any offense that makes the possession or use of a dangerous weapon either an element of the base offense, an aggravated or enhanced version of the offense, or a mandatory sentencing factor that increases the sentencing range.
(a) A person commits armed violence when, while armed with SB1310 Enrolled - 220 - LRB096 09456 RLC 19613 b a dangerous weapon, he commits any felony defined by Illinois Law, except first degree murder, attempted first degree murder, intentional homicide of an unborn child, second degree murder, involuntary manslaughter, reckless homicide, predatory criminal sexual assault of a child, aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05, home invasion, or any offense that makes the possession or use of a dangerous weapon either an element of the base offense, an aggravated or enhanced version of the offense, or a mandatory sentencing factor that increases the sentencing range.
(c) A person commits armed violence when he or she personally discharges a firearm that is a Category I or SB1310 Engrossed - 221 - LRB096 09456 RLC 19613 b Category II weapon that proximately causes great bodily harm, permanent disability, or permanent disfigurement or death to another person while committing any felony defined by Illinois law, except first degree murder, attempted first degree murder, intentional homicide of an unborn child, second degree murder, involuntary manslaughter, reckless homicide, predatory criminal sexual assault of a child, aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05, home invasion, or any offense that makes the possession or use of a dangerous weapon either an element of the base offense, an aggravated or enhanced version of the offense, or a mandatory sentencing factor that increases the sentencing range.
(c) A person commits armed violence when he or she personally discharges a firearm that is a Category I or SB1310 Enrolled - 221 - LRB096 09456 RLC 19613 b Category II weapon that proximately causes great bodily harm, permanent disability, or permanent disfigurement or death to another person while committing any felony defined by Illinois law, except first degree murder, attempted first degree murder, intentional homicide of an unborn child, second degree murder, involuntary manslaughter, reckless homicide, predatory criminal sexual assault of a child, aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05, home invasion, or any offense that makes the possession or use of a dangerous weapon either an element of the base offense, an aggravated or enhanced version of the offense, or a mandatory sentencing factor that increases the sentencing range.
(b) Violation of Section 33A-2(a) with a Category III SB1310 Engrossed - 222 - LRB096 09456 RLC 19613 b weapon is a Class 2 felony or the felony classification provided for the same act while unarmed, whichever permits the greater penalty.
(b) Violation of Section 33A-2(a) with a Category III SB1310 Enrolled - 222 - LRB096 09456 RLC 19613 b weapon is a Class 2 felony or the felony classification provided for the same act while unarmed, whichever permits the greater penalty.
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 SB1310 Engrossed - 223 - LRB096 09456 RLC 19613 b 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.
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 SB1310 Enrolled - 223 - LRB096 09456 RLC 19613 b 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.
(i) solicitation of murder, SB1310 Engrossed - 224 - LRB096 09456 RLC 19613 b (ii) solicitation of murder for hire, (iii) heinous battery as described in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, (iv) aggravated battery of a senior citizen as described in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05, (v) (blank), (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, (xi) streetgang criminal drug conspiracy, or (xii) a violation of the Methamphetamine Control and Community Protection Act.
(i) solicitation of murder, SB1310 Enrolled - 224 - LRB096 09456 RLC 19613 b (ii) solicitation of murder for hire, (iii) heinous battery as described in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, (iv) aggravated battery of a senior citizen as described in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05, (v) (blank), (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, (xi) streetgang criminal drug conspiracy, or (xii) a violation of the Methamphetamine Control and Community Protection Act.
Any vessel, vehicle or aircraft used with the knowledge and consent of the owner in the commission of, or in the attempt to commit as defined in Section 8-4 of SB1310 Engrossed - 225 - LRB096 09456 RLC 19613 b this Code, an offense prohibited by (a) Section 9-1, 9-3, 10-2, 11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.6, 12-7.3, 12-7.4, 12-13, 12-14, 16-1 if the theft is of precious metal or of scrap metal, 18-2, 19-1, 19-2, 19-3, 20-1, 20-2, 24-1.2, 24-1.2-5, 24-1.5, 28-1, or 29D-15.2 of this Code, subdivision (a)(1), (a)(2), (a)(4), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05, paragraph (a) of Section 12-4 of this Code, paragraph (a) of Section 12-15 or paragraphs (a), (c) or (d) of Section 12-16 of this Code, or paragraph (a)(6) or (a)(7) of Section 24-1 of this Code;
Any vessel, vehicle or aircraft used with the knowledge and consent of the owner in the commission of, or in the attempt to commit as defined in Section 8-4 of SB1310 Enrolled - 225 - LRB096 09456 RLC 19613 b this Code, an offense prohibited by (a) Section 9-1, 9-3, 10-2, 11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.6, 12-7.3, 12-7.4, 12-13, 12-14, 16-1 if the theft is of precious metal or of scrap metal, 18-2, 19-1, 19-2, 19-3, 20-1, 20-2, 24-1.2, 24-1.2-5, 24-1.5, 28-1, or 29D-15.2 of this Code, subdivision (a)(1), (a)(2), (a)(4), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05, paragraph (a) of Section 12-4 of this Code, paragraph (a) of Section 12-15 or paragraphs (a), (c) or (d) of Section 12-16 of this Code, or paragraph (a)(6) or (a)(7) of Section 24-1 of this Code;
(f) (1) driving under the influence of alcohol or other drug or drugs, intoxicating compound or compounds or any combination thereof under Section 11-501 of the Illinois Vehicle Code during a period in which his or her driving privileges are revoked or suspended where the revocation or suspension was for driving under the influence of alcohol or other drug or drugs, intoxicating compound or compounds or any combination thereof, Section 11-501.1, paragraph (b) of Section 11-401, or for reckless homicide as defined in Section 9-3 of the Criminal SB1310 Engrossed - 226 - LRB096 09456 RLC 19613 b Code of 1961;
(f) (1) driving under the influence of alcohol or other drug or drugs, intoxicating compound or compounds or any combination thereof under Section 11-501 of the Illinois Vehicle Code during a period in which his or her driving privileges are revoked or suspended where the revocation or suspension was for driving under the influence of alcohol or other drug or drugs, intoxicating compound or compounds or any combination thereof, Section 11-501.1, paragraph (b) of Section 11-401, or for reckless homicide as defined in Section 9-3 of the Criminal SB1310 Enrolled - 226 - LRB096 09456 RLC 19613 b Code of 1961;
(g) an offense described in subsection (g) of Section 6-303 of the SB1310 Engrossed - 227 - LRB096 09456 RLC 19613 b Illinois Vehicle Code;
(g) an offense described in subsection (g) of Section 6-303 of the SB1310 Enrolled - 227 - LRB096 09456 RLC 19613 b Illinois Vehicle Code;
In addition, any mobile or portable equipment used in the commission of an act which is in violation of Section 7g of the Metropolitan Water Reclamation District Act shall be subject to seizure and forfeiture under the same procedures provided in this Article for the seizure and forfeiture of vessels, vehicles and aircraft, and any such equipment shall be deemed a SB1310 Engrossed - 228 - LRB096 09456 RLC 19613 b vessel, vehicle or aircraft for purposes of this Article.
In addition, any mobile or portable equipment used in the commission of an act which is in violation of Section 7g of the Metropolitan Water Reclamation District Act shall be subject to seizure and forfeiture under the same procedures provided in this Article for the seizure and forfeiture of vessels, vehicles and aircraft, and any such equipment shall be deemed a SB1310 Enrolled - 228 - LRB096 09456 RLC 19613 b vessel, vehicle or aircraft for purposes of this Article.
If the vehicle is the SB1310 Engrossed - 229 - LRB096 09456 RLC 19613 b subject of a subsequent forfeiture proceeding by virtue of a subsequent conviction of either spouse or the family member, the spouse or family member to whom the vehicle was forfeited under the first forfeiture proceeding may not utilize the provisions of this paragraph in another forfeiture proceeding.
If the vehicle is the SB1310 Enrolled - 229 - LRB096 09456 RLC 19613 b subject of a subsequent forfeiture proceeding by virtue of a subsequent conviction of either spouse or the family member, the spouse or family member to whom the vehicle was forfeited under the first forfeiture proceeding may not utilize the provisions of this paragraph in another forfeiture proceeding.
(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 SB1310 Engrossed - 230 - LRB096 09456 RLC 19613 b 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 SB1310 Engrossed - 231 - LRB096 09456 RLC 19613 b 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, SB1310 Engrossed - 232 - LRB096 09456 RLC 19613 b 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 SB1310 Engrossed - 233 - LRB096 09456 RLC 19613 b 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.
(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 SB1310 Enrolled - 230 - LRB096 09456 RLC 19613 b 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 SB1310 Enrolled - 231 - LRB096 09456 RLC 19613 b 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, SB1310 Enrolled - 232 - LRB096 09456 RLC 19613 b 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 SB1310 Enrolled - 233 - LRB096 09456 RLC 19613 b 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.
(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 SB1310 Engrossed - 234 - LRB096 09456 RLC 19613 b 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.
(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 SB1310 Enrolled - 234 - LRB096 09456 RLC 19613 b 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.
If the hearing is granted, before the posting of any bail, the accused must file a written notice requesting that the court SB1310 Engrossed - 235 - LRB096 09456 RLC 19613 b conduct a source of bail hearing.
If the hearing is granted, before the posting of any bail, the accused must file a written notice requesting that the court SB1310 Enrolled - 235 - LRB096 09456 RLC 19613 b conduct a source of bail hearing.
If the hearing is granted after the accused has SB1310 Engrossed - 236 - LRB096 09456 RLC 19613 b posted bail, the court shall conduct a hearing consistent with this subsection (b-5).
If the hearing is granted after the accused has SB1310 Enrolled - 236 - LRB096 09456 RLC 19613 b posted bail, the court shall conduct a hearing consistent with this subsection (b-5).
SB1310 Engrossed - 237 - LRB096 09456 RLC 19613 b (6) whether the person has access to deadly weapons or a history of using deadly weapons;
SB1310 Enrolled - 237 - LRB096 09456 RLC 19613 b (6) whether the person has access to deadly weapons or a history of using deadly weapons;
(12) based on any information contained in the complaint and any police reports, affidavits, or other documents accompanying the complaint, the court may, in its discretion, order the respondent to SB1310 Engrossed - 238 - LRB096 09456 RLC 19613 b undergo a risk assessment evaluation conducted by an Illinois Department of Human Services approved partner abuse intervention program provider, pretrial service, probation, or parole agency.
(12) based on any information contained in the complaint and any police reports, affidavits, or other documents accompanying the complaint, the court may, in its discretion, order the respondent to SB1310 Enrolled - 238 - LRB096 09456 RLC 19613 b undergo a risk assessment evaluation conducted by an Illinois Department of Human Services approved partner abuse intervention program provider, pretrial service, probation, or parole agency.
(1) the person charged, at the time of the alleged offense, was subject to the terms of an order of protection issued under Section 112A-14 of this Code or Section 214 of SB1310 Engrossed - 239 - LRB096 09456 RLC 19613 b the Illinois Domestic Violence Act of 1986 or previously was convicted of a violation of an order of protection under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or a violent crime if the victim was a family or household member at the time of the offense or a violation of a substantially similar municipal ordinance or law of this or any other state or the United States if the victim was a family or household member at the time of the offense;
(1) the person charged, at the time of the alleged offense, was subject to the terms of an order of protection issued under Section 112A-14 of this Code or Section 214 of SB1310 Enrolled - 239 - LRB096 09456 RLC 19613 b the Illinois Domestic Violence Act of 1986 or previously was convicted of a violation of an order of protection under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or a violent crime if the victim was a family or household member at the time of the offense or a violation of a substantially similar municipal ordinance or law of this or any other state or the United States if the victim was a family or household member at the time of the offense;
(b) To the extent that information about any of the following is available to the court, the court shall consider all of the following, in addition to any other circumstances considered by the court, before setting bail for a person who SB1310 Engrossed - 240 - LRB096 09456 RLC 19613 b appears before the court pursuant to subsection (a):
(b) To the extent that information about any of the following is available to the court, the court shall consider all of the following, in addition to any other circumstances considered by the court, before setting bail for a person who SB1310 Enrolled - 240 - LRB096 09456 RLC 19613 b appears before the court pursuant to subsection (a):
(9) whether the person has exhibited obsessive or controlling behaviors toward the alleged victim, including, but not limited to, stalking, surveillance, or SB1310 Engrossed - 241 - LRB096 09456 RLC 19613 b isolation of the alleged victim;
(9) whether the person has exhibited obsessive or controlling behaviors toward the alleged victim, including, but not limited to, stalking, surveillance, or SB1310 Enrolled - 241 - LRB096 09456 RLC 19613 b isolation of the alleged victim;
SB1310 Engrossed - 242 - LRB096 09456 RLC 19613 b (d) As used in this Section:
SB1310 Enrolled - 242 - LRB096 09456 RLC 19613 b (d) As used in this Section:
(2) The hearing shall be held immediately upon the SB1310 Engrossed - 243 - LRB096 09456 RLC 19613 b defendant's appearance before the court, unless for good cause shown the defendant or the State seeks a continuance.
(2) The hearing shall be held immediately upon the SB1310 Enrolled - 243 - LRB096 09456 RLC 19613 b defendant's appearance before the court, unless for good cause shown the defendant or the State seeks a continuance.
and SB1310 Engrossed - 244 - LRB096 09456 RLC 19613 b (4) the court finds that no condition or combination of conditions set forth in subsection (b) of Section 110-10 of this Code, including mental health treatment at a community mental health center, hospital, or facility of the Department of Human Services, can reasonably assure the physical safety of the alleged victim of the offense.
and SB1310 Enrolled - 244 - LRB096 09456 RLC 19613 b (4) the court finds that no condition or combination of conditions set forth in subsection (b) of Section 110-10 of this Code, including mental health treatment at a community mental health center, hospital, or facility of the Department of Human Services, can reasonably assure the physical safety of the alleged victim of the offense.
Cross-examination of a complaining witness at the pretrial detention hearing SB1310 Engrossed - 245 - LRB096 09456 RLC 19613 b for the purpose of impeaching the witness' credibility is insufficient reason to compel the presence of the witness.
Cross-examination of a complaining witness at the pretrial detention hearing SB1310 Enrolled - 245 - LRB096 09456 RLC 19613 b for the purpose of impeaching the witness' credibility is insufficient reason to compel the presence of the witness.
Evidence that proof may have been obtained as the result of an unlawful search and seizure or through SB1310 Engrossed - 246 - LRB096 09456 RLC 19613 b improper interrogation is not relevant to this state of the prosecution.
Evidence that proof may have been obtained as the result of an unlawful search and seizure or through SB1310 Enrolled - 246 - LRB096 09456 RLC 19613 b improper interrogation is not relevant to this state of the prosecution.
The evidence may include testimony or documents received in juvenile SB1310 Engrossed - 247 - LRB096 09456 RLC 19613 b proceedings, criminal, quasi-criminal, civil commitment, domestic relations or other proceedings;
The evidence may include testimony or documents received in juvenile SB1310 Enrolled - 247 - LRB096 09456 RLC 19613 b proceedings, criminal, quasi-criminal, civil commitment, domestic relations or other proceedings;
(e) The court shall, in any order denying bail to a person SB1310 Engrossed - 248 - LRB096 09456 RLC 19613 b charged with stalking or aggravated stalking:
(e) The court shall, in any order denying bail to a person SB1310 Enrolled - 248 - LRB096 09456 RLC 19613 b charged with stalking or aggravated stalking:
SB1310 Engrossed - 249 - LRB096 09456 RLC 19613 b (g) Any person shall be entitled to appeal any order entered under this Section denying bail to the defendant.
SB1310 Enrolled - 249 - LRB096 09456 RLC 19613 b (g) Any person shall be entitled to appeal any order entered under this Section denying bail to the defendant.
SB1310 Engrossed - 250 - LRB096 09456 RLC 19613 b (b) In addition to any other remedies specified in Section 208 of the Illinois Domestic Violence Act, as now or hereafter amended, the order may direct the defendant to initiate no contact with the alleged victim or victims who are family or household members and to refrain from entering the residence, school or place of business of the alleged victim or victims.
SB1310 Enrolled - 250 - LRB096 09456 RLC 19613 b (b) In addition to any other remedies specified in Section 208 of the Illinois Domestic Violence Act, as now or hereafter amended, the order may direct the defendant to initiate no contact with the alleged victim or victims who are family or household members and to refrain from entering the residence, school or place of business of the alleged victim or victims.
(3) "Family or household members" include spouses, former spouses, parents, children, stepchildren and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or SB1310 Engrossed - 251 - LRB096 09456 RLC 19613 b allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, persons with disabilities and their personal assistants, and caregivers as defined in paragraph (3) of subsection (b) of Section 12-21 or in subsection (e) of Section 12-4.4a of the Criminal Code of 1961.
(3) "Family or household members" include spouses, former spouses, parents, children, stepchildren and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or SB1310 Enrolled - 251 - LRB096 09456 RLC 19613 b allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, persons with disabilities and their personal assistants, and caregivers as defined in paragraph (3) of subsection (b) of Section 12-21 or in subsection (e) of Section 12-4.4a of the Criminal Code of 1961.
SB1310 Engrossed - 252 - LRB096 09456 RLC 19613 b (v) improperly concealing a minor child from petitioner, repeatedly threatening to improperly remove a minor child of petitioner's from the jurisdiction or from the physical care of petitioner, repeatedly threatening to conceal a minor child from petitioner, or making a single such threat following an actual or attempted improper removal or concealment, unless respondent was fleeing from an incident or pattern of domestic violence;
SB1310 Enrolled - 252 - LRB096 09456 RLC 19613 b (v) improperly concealing a minor child from petitioner, repeatedly threatening to improperly remove a minor child of petitioner's from the jurisdiction or from the physical care of petitioner, repeatedly threatening to conceal a minor child from petitioner, or making a single such threat following an actual or attempted improper removal or concealment, unless respondent was fleeing from an incident or pattern of domestic violence;
SB1310 Engrossed - 253 - LRB096 09456 RLC 19613 b (8) "Petitioner" may mean not only any named petitioner for the order of protection and any named victim of abuse on whose behalf the petition is brought, but also any other person protected by this Article.
SB1310 Enrolled - 253 - LRB096 09456 RLC 19613 b (8) "Petitioner" may mean not only any named petitioner for the order of protection and any named victim of abuse on whose behalf the petition is brought, but also any other person protected by this Article.
This paragraph does SB1310 Engrossed - 254 - LRB096 09456 RLC 19613 b not create any new affirmative duty to provide support to dependent persons.
This paragraph does SB1310 Enrolled - 254 - LRB096 09456 RLC 19613 b not create any new affirmative duty to provide support to dependent persons.
Prosecution for a violation of an order of protection shall not bar concurrent prosecution for any other crime, including SB1310 Engrossed - 255 - LRB096 09456 RLC 19613 b any crime that may have been committed at the time of the violation of the order of protection;
Prosecution for a violation of an order of protection shall not bar concurrent prosecution for any other crime, including SB1310 Enrolled - 255 - LRB096 09456 RLC 19613 b any crime that may have been committed at the time of the violation of the order of protection;
SB1310 Engrossed - 256 - LRB096 09456 RLC 19613 b (1) In a contempt proceeding where the petition for a rule to show cause sets forth facts evidencing an immediate danger that the respondent will flee the jurisdiction, conceal a child, or inflict physical abuse on the petitioner or minor children or on dependent adults in petitioner's care, the court may order the attachment of the respondent without prior service of the rule to show cause or the petition for a rule to show cause.
SB1310 Enrolled - 256 - LRB096 09456 RLC 19613 b (1) In a contempt proceeding where the petition for a rule to show cause sets forth facts evidencing an immediate danger that the respondent will flee the jurisdiction, conceal a child, or inflict physical abuse on the petitioner or minor children or on dependent adults in petitioner's care, the court may order the attachment of the respondent without prior service of the rule to show cause or the petition for a rule to show cause.
SB1310 Engrossed - 257 - LRB096 09456 RLC 19613 b (2) By notice under Section 112A-11.
SB1310 Enrolled - 257 - LRB096 09456 RLC 19613 b (2) By notice under Section 112A-11.
(2) The court shall hear and take into account evidence SB1310 Engrossed - 258 - LRB096 09456 RLC 19613 b of any factors in aggravation or mitigation before deciding an appropriate penalty under paragraph (1) of this subsection.
(2) The court shall hear and take into account evidence SB1310 Enrolled - 258 - LRB096 09456 RLC 19613 b of any factors in aggravation or mitigation before deciding an appropriate penalty under paragraph (1) of this subsection.
(ii) to revoke or modify an order of probation, SB1310 Engrossed - 259 - LRB096 09456 RLC 19613 b conditional discharge or supervision, pursuant to Section 5-6-4 of the Unified Code of Corrections;
(ii) to revoke or modify an order of probation, SB1310 Enrolled - 259 - LRB096 09456 RLC 19613 b conditional discharge or supervision, pursuant to Section 5-6-4 of the Unified Code of Corrections;
(1) the defendant is accused of predatory criminal sexual assault of a child, aggravated criminal sexual SB1310 Engrossed - 260 - LRB096 09456 RLC 19613 b assault, criminal sexual assault, aggravated criminal sexual abuse, criminal sexual abuse, child pornography, aggravated child pornography, or criminal transmission of HIV;
(1) the defendant is accused of predatory criminal sexual assault of a child, aggravated criminal sexual SB1310 Enrolled - 260 - LRB096 09456 RLC 19613 b assault, criminal sexual assault, aggravated criminal sexual abuse, criminal sexual abuse, child pornography, aggravated child pornography, or criminal transmission of HIV;
(1) the proximity in time to the charged or predicate SB1310 Engrossed - 261 - LRB096 09456 RLC 19613 b offense;
(1) the proximity in time to the charged or predicate SB1310 Enrolled - 261 - LRB096 09456 RLC 19613 b offense;
SB1310 Engrossed - 262 - LRB096 09456 RLC 19613 b (a) In a prosecution for a physical or sexual act perpetrated upon or against a child under the age of 13, or a person who was a moderately, severely, or profoundly mentally retarded person as defined in this Code and in Section 2-10.1 of the Criminal Code of 1961 at the time the act was committed, including but not limited to prosecutions for violations of Sections 12-13 through 12-16 of the Criminal Code of 1961 and prosecutions for violations of Sections 10-1 (kidnapping), 10-2 (aggravated kidnapping), 10-3 (unlawful restraint), 10-3.1 (aggravated unlawful restraint), 10-4 (forcible detention), 10-5 (child abduction), 10-6 (harboring a runaway), 10-7 (aiding or abetting child abduction), 11-9 (public indecency), 11-11 (sexual relations within families), 11-21 (harmful material), 12-1 (assault), 12-2 (aggravated assault), 12-3 (battery), 12-3.2 (domestic battery), 12-3.3 (aggravated domestic battery), 12-3.05 or 12-4 (aggravated battery), 12-4.1 (heinous battery), 12-4.2 (aggravated battery with a firearm), 12-4.3 (aggravated battery of a child), 12-4.7 (drug induced infliction of great bodily harm), 12-5 (reckless conduct), 12-6 (intimidation), 12-6.1 or 12-6.5 (compelling organization membership of persons), 12-7.1 (hate crime), 12-7.3 (stalking), 12-7.4 (aggravated stalking), 12-10 (tattooing body of minor), 12-11 (home invasion), 12-21.5 (child abandonment), 12-21.6 (endangering the life or health of a child) or 12-32 (ritual mutilation) of the Criminal Code of 1961 or any sex offense as defined in subsection (B) of Section SB1310 Engrossed - 263 - LRB096 09456 RLC 19613 b 2 of the Sex Offender Registration Act, the following evidence shall be admitted as an exception to the hearsay rule:
SB1310 Enrolled - 262 - LRB096 09456 RLC 19613 b (a) In a prosecution for a physical or sexual act perpetrated upon or against a child under the age of 13, or a person who was a moderately, severely, or profoundly mentally retarded person as defined in this Code and in Section 2-10.1 of the Criminal Code of 1961 at the time the act was committed, including but not limited to prosecutions for violations of Sections 12-13 through 12-16 of the Criminal Code of 1961 and prosecutions for violations of Sections 10-1 (kidnapping), 10-2 (aggravated kidnapping), 10-3 (unlawful restraint), 10-3.1 (aggravated unlawful restraint), 10-4 (forcible detention), 10-5 (child abduction), 10-6 (harboring a runaway), 10-7 (aiding or abetting child abduction), 11-9 (public indecency), 11-11 (sexual relations within families), 11-21 (harmful material), 12-1 (assault), 12-2 (aggravated assault), 12-3 (battery), 12-3.2 (domestic battery), 12-3.3 (aggravated domestic battery), 12-3.05 or 12-4 (aggravated battery), 12-4.1 (heinous battery), 12-4.2 (aggravated battery with a firearm), 12-4.3 (aggravated battery of a child), 12-4.7 (drug induced infliction of great bodily harm), 12-5 (reckless conduct), 12-6 (intimidation), 12-6.1 or 12-6.5 (compelling organization membership of persons), 12-7.1 (hate crime), 12-7.3 (stalking), 12-7.4 (aggravated stalking), 12-10 (tattooing body of minor), 12-11 (home invasion), 12-21.5 (child abandonment), 12-21.6 (endangering the life or health of a child) or 12-32 (ritual mutilation) of the Criminal Code of 1961 or any sex offense as defined in subsection (B) of Section SB1310 Enrolled - 263 - LRB096 09456 RLC 19613 b 2 of the Sex Offender Registration Act, the following evidence shall be admitted as an exception to the hearsay rule:
and (3) In a case involving an offense perpetrated against a child under the age of 13, the out of court statement was made before the victim attained 13 years of age or within 3 months after the commission of the offense, whichever occurs later, but the statement may be admitted regardless SB1310 Engrossed - 264 - LRB096 09456 RLC 19613 b of the age of the victim at the time of the proceeding.
and (3) In a case involving an offense perpetrated against a child under the age of 13, the out of court statement was made before the victim attained 13 years of age or within 3 months after the commission of the offense, whichever occurs later, but the statement may be admitted regardless SB1310 Enrolled - 264 - LRB096 09456 RLC 19613 b of the age of the victim at the time of the proceeding.
(a) In a prosecution for a physical act, abuse, neglect, or financial exploitation perpetrated upon or against an eligible SB1310 Engrossed - 265 - LRB096 09456 RLC 19613 b adult, as defined in the Elder Abuse and Neglect Act, who has been diagnosed by a physician to suffer from (i) any form of dementia, developmental disability, or other form of mental incapacity or (ii) any physical infirmity, including but not limited to prosecutions for violations of Sections 10-1, 10-2, 10-3, 10-3.1, 10-4, 11-11, 12-1, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.5, 12-4.6, 12-4.7, 12-5, 12-6, 12-7.3, 12-7.4, 12-11, 12-11.1, 12-13, 12-14, 12-15, 12-16, 12-21, 16-1, 16-1.3, 17-1, 17-3, 18-1, 18-2, 18-3, 18-4, 18-5, 20-1.1, 24-1.2, and 33A-2, or subsection (b) of Section 12-4.4a, of the Criminal Code of 1961, the following evidence shall be admitted as an exception to the hearsay rule:
(a) In a prosecution for a physical act, abuse, neglect, or financial exploitation perpetrated upon or against an eligible SB1310 Enrolled - 265 - LRB096 09456 RLC 19613 b adult, as defined in the Elder Abuse and Neglect Act, who has been diagnosed by a physician to suffer from (i) any form of dementia, developmental disability, or other form of mental incapacity or (ii) any physical infirmity, including but not limited to prosecutions for violations of Sections 10-1, 10-2, 10-3, 10-3.1, 10-4, 11-11, 12-1, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.5, 12-4.6, 12-4.7, 12-5, 12-6, 12-7.3, 12-7.4, 12-11, 12-11.1, 12-13, 12-14, 12-15, 12-16, 12-21, 16-1, 16-1.3, 17-1, 17-3, 18-1, 18-2, 18-3, 18-4, 18-5, 20-1.1, 24-1.2, and 33A-2, or subsection (b) of Section 12-4.4a, of the Criminal Code of 1961, the following evidence shall be admitted as an exception to the hearsay rule:
and SB1310 Engrossed - 266 - LRB096 09456 RLC 19613 b (2) The eligible adult either:
and SB1310 Enrolled - 266 - LRB096 09456 RLC 19613 b (2) The eligible adult either:
(a) (1) The Department of Corrections shall prescribe rules and regulations for the early release on account of good conduct of persons committed to the Department which SB1310 Engrossed - 267 - LRB096 09456 RLC 19613 b shall be subject to review by the Prisoner Review Board.
(a) (1) The Department of Corrections shall prescribe rules and regulations for the early release on account of good conduct of persons committed to the Department which SB1310 Enrolled - 267 - LRB096 09456 RLC 19613 b shall be subject to review by the Prisoner Review Board.
(ii) that a prisoner serving a sentence for attempt to commit first degree murder, solicitation of murder, solicitation of murder for hire, intentional homicide of an unborn child, predatory criminal sexual assault SB1310 Engrossed - 268 - LRB096 09456 RLC 19613 b of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated kidnapping, aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05, heinous battery as described in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, being an armed habitual criminal, aggravated battery of a senior citizen as described in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05, or aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment;
(ii) that a prisoner serving a sentence for attempt to commit first degree murder, solicitation of murder, solicitation of murder for hire, intentional homicide of an unborn child, predatory criminal sexual assault SB1310 Enrolled - 268 - LRB096 09456 RLC 19613 b of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated kidnapping, aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05, heinous battery as described in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, being an armed habitual criminal, aggravated battery of a senior citizen as described in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05, or aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment;
(iv) that a prisoner serving a sentence for SB1310 Engrossed - 269 - LRB096 09456 RLC 19613 b aggravated discharge of a firearm, whether or not the conduct leading to conviction for the offense resulted in great bodily harm to the victim, shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment;
(iv) that a prisoner serving a sentence for SB1310 Enrolled - 269 - LRB096 09456 RLC 19613 b aggravated discharge of a firearm, whether or not the conduct leading to conviction for the offense resulted in great bodily harm to the victim, shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment;
(v) that a person serving a sentence for gunrunning, narcotics racketeering, controlled substance trafficking, methamphetamine trafficking, drug-induced homicide, aggravated methamphetamine-related child endangerment, money laundering pursuant to clause (c) (4) or (5) of Section 29B-1 of the Criminal Code of 1961, or a Class X felony conviction for delivery of a controlled substance, possession of a controlled substance with intent to manufacture or deliver, calculated criminal drug conspiracy, criminal drug conspiracy, street gang criminal drug conspiracy, participation in methamphetamine manufacturing, aggravated participation in methamphetamine manufacturing, delivery of methamphetamine, possession with intent to deliver methamphetamine, aggravated delivery of methamphetamine, aggravated possession with intent to deliver methamphetamine, methamphetamine conspiracy when the substance containing the controlled substance or methamphetamine is 100 grams or more shall receive no more than 7.5 days good conduct credit for each SB1310 Engrossed - 270 - LRB096 09456 RLC 19613 b month of his or her sentence of imprisonment;
(v) that a person serving a sentence for gunrunning, narcotics racketeering, controlled substance trafficking, methamphetamine trafficking, drug-induced homicide, aggravated methamphetamine-related child endangerment, money laundering pursuant to clause (c) (4) or (5) of Section 29B-1 of the Criminal Code of 1961, or a Class X felony conviction for delivery of a controlled substance, possession of a controlled substance with intent to manufacture or deliver, calculated criminal drug conspiracy, criminal drug conspiracy, street gang criminal drug conspiracy, participation in methamphetamine manufacturing, aggravated participation in methamphetamine manufacturing, delivery of methamphetamine, possession with intent to deliver methamphetamine, aggravated delivery of methamphetamine, aggravated possession with intent to deliver methamphetamine, methamphetamine conspiracy when the substance containing the controlled substance or methamphetamine is 100 grams or more shall receive no more than 7.5 days good conduct credit for each SB1310 Enrolled - 270 - LRB096 09456 RLC 19613 b month of his or her sentence of imprisonment;
(2.1) For all offenses, other than those enumerated in subdivision (a)(2)(i), (ii), or (iii) committed on or after June 19, 1998 or subdivision (a)(2)(iv) committed on or after June 23, 2005 (the effective date of Public Act 94-71) or subdivision (a)(2)(v) committed on or after August 13, 2007 (the effective date of Public Act 95-134) or subdivision (a)(2)(vi) committed on or after June 1, 2008 (the effective date of Public Act 95-625) or subdivision (a)(2)(vii) committed on or after July 23, 2010 (the effective date of Public Act 96-1224) this amendatory Act of the 96th General Assembly, and other than the offense of 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 other than SB1310 Engrossed - 271 - LRB096 09456 RLC 19613 b the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230) this amendatory Act of the 96th General Assembly, the rules and regulations shall provide that a prisoner who is serving a term of imprisonment shall receive one day of good conduct credit for each day of his or her sentence of imprisonment or recommitment under Section 3-3-9.
(2.1) For all offenses, other than those enumerated in subdivision (a)(2)(i), (ii), or (iii) committed on or after June 19, 1998 or subdivision (a)(2)(iv) committed on or after June 23, 2005 (the effective date of Public Act 94-71) or subdivision (a)(2)(v) committed on or after August 13, 2007 (the effective date of Public Act 95-134) or subdivision (a)(2)(vi) committed on or after June 1, 2008 (the effective date of Public Act 95-625) or subdivision (a)(2)(vii) committed on or after July 23, 2010 (the effective date of Public Act 96-1224) this amendatory Act of the 96th General Assembly, and other than the offense of 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 other than SB1310 Enrolled - 271 - LRB096 09456 RLC 19613 b the offense of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230) this amendatory Act of the 96th General Assembly, the rules and regulations shall provide that a prisoner who is serving a term of imprisonment shall receive one day of good conduct credit for each day of his or her sentence of imprisonment or recommitment under Section 3-3-9.
SB1310 Engrossed - 272 - LRB096 09456 RLC 19613 b (2.4) The rules and regulations on early release shall provide with respect to the offenses of aggravated battery with a machine gun or a firearm equipped with any device or attachment designed or used for silencing the report of a firearm or aggravated discharge of a machine gun or a firearm equipped with any device or attachment designed or used for silencing the report of a firearm, committed on or after July 15, 1999 (the effective date of Public Act 91-121), that a prisoner serving a sentence for any of these offenses shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment.
SB1310 Enrolled - 272 - LRB096 09456 RLC 19613 b (2.4) The rules and regulations on early release shall provide with respect to the offenses of aggravated battery with a machine gun or a firearm equipped with any device or attachment designed or used for silencing the report of a firearm or aggravated discharge of a machine gun or a firearm equipped with any device or attachment designed or used for silencing the report of a firearm, committed on or after July 15, 1999 (the effective date of Public Act 91-121), that a prisoner serving a sentence for any of these offenses shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment.
(2.6) The rules and regulations on early release shall provide that a prisoner who is serving a sentence 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 (C) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230) this amendatory SB1310 Engrossed - 273 - LRB096 09456 RLC 19613 b Act of the 96th General Assembly, shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment.
(2.6) The rules and regulations on early release shall provide that a prisoner who is serving a sentence 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 (C) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230) this amendatory SB1310 Enrolled - 273 - LRB096 09456 RLC 19613 b Act of the 96th General Assembly, shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment.
except that no more than 90 days of good conduct credit for meritorious service shall be awarded to any prisoner who is serving a sentence for conviction of first degree murder, reckless homicide while under the influence of alcohol or any other drug, or 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, aggravated kidnapping, kidnapping, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, deviate sexual assault, aggravated criminal sexual abuse, aggravated indecent liberties with a child, indecent liberties with a child, child pornography, heinous battery as described in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, aggravated battery of a spouse, aggravated battery of a spouse with a firearm, stalking, aggravated stalking, aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of SB1310 Engrossed - 274 - LRB096 09456 RLC 19613 b Section 12-3.05, endangering the life or health of a child, or cruelty to a child.
except that no more than 90 days of good conduct credit for meritorious service shall be awarded to any prisoner who is serving a sentence for conviction of first degree murder, reckless homicide while under the influence of alcohol or any other drug, or 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, aggravated kidnapping, kidnapping, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, deviate sexual assault, aggravated criminal sexual abuse, aggravated indecent liberties with a child, indecent liberties with a child, child pornography, heinous battery as described in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, aggravated battery of a spouse, aggravated battery of a spouse with a firearm, stalking, aggravated stalking, aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of SB1310 Enrolled - 274 - LRB096 09456 RLC 19613 b Section 12-3.05, endangering the life or health of a child, or cruelty to a child.
(i) one of the offenses enumerated in subdivision (a)(2)(i), (ii), or (iii) when the offense is committed on or after June 19, 1998 or subdivision (a)(2)(iv) when the offense is committed on or after June 23, 2005 (the effective date of Public Act 94-71) or subdivision (a)(2)(v) when the offense is committed on or after August 13, 2007 (the effective date of Public Act 95-134) or subdivision (a)(2)(vi) when the offense is committed on or after June 1, 2008 (the effective date of Public Act 95-625) or subdivision (a)(2)(vii) when the offense is committed on or after July 23, 2010 (the effective date of Public Act 96-1224) this amendatory Act of the 96th General Assembly, (ii) 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, (iii) one of the offenses enumerated in subdivision (a)(2.4) when the offense is committed on or after July 15, 1999 (the effective date of Public Act 91-121), (iv) aggravated arson when the offense is committed on or after July 27, 2001 (the effective date of Public Act 92-176), or (v) offenses SB1310 Engrossed - 275 - LRB096 09456 RLC 19613 b that may subject the offender to commitment under the Sexually Violent Persons Commitment Act, or (vi) (v) aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230) this amendatory Act of the 96th General Assembly.
(i) one of the offenses enumerated in subdivision (a)(2)(i), (ii), or (iii) when the offense is committed on or after June 19, 1998 or subdivision (a)(2)(iv) when the offense is committed on or after June 23, 2005 (the effective date of Public Act 94-71) or subdivision (a)(2)(v) when the offense is committed on or after August 13, 2007 (the effective date of Public Act 95-134) or subdivision (a)(2)(vi) when the offense is committed on or after June 1, 2008 (the effective date of Public Act 95-625) or subdivision (a)(2)(vii) when the offense is committed on or after July 23, 2010 (the effective date of Public Act 96-1224) this amendatory Act of the 96th General Assembly, (ii) 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, (iii) one of the offenses enumerated in subdivision (a)(2.4) when the offense is committed on or after July 15, 1999 (the effective date of Public Act 91-121), (iv) aggravated arson when the offense is committed on or after July 27, 2001 (the effective date of Public Act 92-176), or (v) offenses SB1310 Enrolled - 275 - LRB096 09456 RLC 19613 b that may subject the offender to commitment under the Sexually Violent Persons Commitment Act, or (vi) (v) aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230) this amendatory Act of the 96th General Assembly.
(4) The rules and regulations shall also provide that SB1310 Engrossed - 276 - LRB096 09456 RLC 19613 b the good conduct credit accumulated and retained under paragraph (2.1) of subsection (a) of this Section by any inmate during specific periods of time in which such inmate is engaged full-time in substance abuse programs, correctional industry assignments, or educational programs provided by the Department under this paragraph (4) and satisfactorily completes the assigned program as determined by the standards of the Department, shall be multiplied by a factor of 1.25 for program participation before August 11, 1993 and 1.50 for program participation on or after that date.
(4) The rules and regulations shall also provide that SB1310 Enrolled - 276 - LRB096 09456 RLC 19613 b the good conduct credit accumulated and retained under paragraph (2.1) of subsection (a) of this Section by any inmate during specific periods of time in which such inmate is engaged full-time in substance abuse programs, correctional industry assignments, or educational programs provided by the Department under this paragraph (4) and satisfactorily completes the assigned program as determined by the standards of the Department, shall be multiplied by a factor of 1.25 for program participation before August 11, 1993 and 1.50 for program participation on or after that date.
However, no inmate shall be eligible for the additional good conduct credit under this paragraph (4) or (4.1) of this subsection (a) while assigned to a boot camp or electronic detention, or if convicted of an offense enumerated in subdivision (a)(2)(i), (ii), or (iii) of this Section that is committed on or after June 19, 1998 or subdivision (a)(2)(iv) of this Section that is committed on or after June 23, 2005 (the effective date of Public Act 94-71) or subdivision (a)(2)(v) of this Section that is committed on or after August 13, 2007 (the effective date of Public Act 95-134) or subdivision (a)(2)(vi) when the offense is committed on or after June 1, 2008 (the effective date of Public Act 95-625) or subdivision (a)(2)(vii) when the offense is committed on or after July 23, 2010 (the effective date of Public Act 96-1224) this amendatory Act of the 96th General Assembly, SB1310 Engrossed - 277 - LRB096 09456 RLC 19613 b or if convicted of 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, or if convicted of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230) this amendatory Act of the 96th General Assembly, or if convicted of an offense enumerated in paragraph (a)(2.4) of this Section that is committed on or after July 15, 1999 (the effective date of Public Act 91-121), or first degree murder, a Class X felony, criminal sexual assault, felony criminal sexual abuse, aggravated criminal sexual abuse, aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or successor offenses with the same or substantially the same elements, or any inchoate offenses relating to the foregoing offenses.
However, no inmate shall be eligible for the additional good conduct credit under this paragraph (4) or (4.1) of this subsection (a) while assigned to a boot camp or electronic detention, or if convicted of an offense enumerated in subdivision (a)(2)(i), (ii), or (iii) of this Section that is committed on or after June 19, 1998 or subdivision (a)(2)(iv) of this Section that is committed on or after June 23, 2005 (the effective date of Public Act 94-71) or subdivision (a)(2)(v) of this Section that is committed on or after August 13, 2007 (the effective date of Public Act 95-134) or subdivision (a)(2)(vi) when the offense is committed on or after June 1, 2008 (the effective date of Public Act 95-625) or subdivision (a)(2)(vii) when the offense is committed on or after July 23, 2010 (the effective date of Public Act 96-1224) this amendatory Act of the 96th General Assembly, SB1310 Enrolled - 277 - LRB096 09456 RLC 19613 b or if convicted of 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, or if convicted of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof as defined in subparagraph (C) of paragraph (1) of subsection (d) of Section 11-501 of the Illinois Vehicle Code committed on or after January 1, 2011 (the effective date of Public Act 96-1230) this amendatory Act of the 96th General Assembly, or if convicted of an offense enumerated in paragraph (a)(2.4) of this Section that is committed on or after July 15, 1999 (the effective date of Public Act 91-121), or first degree murder, a Class X felony, criminal sexual assault, felony criminal sexual abuse, aggravated criminal sexual abuse, aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or successor offenses with the same or substantially the same elements, or any inchoate offenses relating to the foregoing offenses.
No inmate shall be eligible for the additional good conduct credit under this paragraph (4) who (i) has previously received increased good conduct credit under this paragraph (4) and has subsequently been SB1310 Engrossed - 278 - LRB096 09456 RLC 19613 b convicted of a felony, or (ii) has previously served more than one prior sentence of imprisonment for a felony in an adult correctional facility.
No inmate shall be eligible for the additional good conduct credit under this paragraph (4) who (i) has previously received increased good conduct credit under this paragraph (4) and has subsequently been SB1310 Enrolled - 278 - LRB096 09456 RLC 19613 b convicted of a felony, or (ii) has previously served more than one prior sentence of imprisonment for a felony in an adult correctional facility.
(4.1) The rules and regulations shall also provide that an additional 60 days of good conduct credit shall be SB1310 Engrossed - 279 - LRB096 09456 RLC 19613 b awarded to any prisoner who passes the high school level Test of General Educational Development (GED) while the prisoner is incarcerated.
(4.1) The rules and regulations shall also provide that an additional 60 days of good conduct credit shall be SB1310 Enrolled - 279 - LRB096 09456 RLC 19613 b awarded to any prisoner who passes the high school level Test of General Educational Development (GED) while the prisoner is incarcerated.
The Director may waive the requirement to participate in or complete a substance abuse treatment program and award the good conduct credit in specific instances if the prisoner is not a good candidate for a substance abuse treatment SB1310 Engrossed - 280 - LRB096 09456 RLC 19613 b program for medical, programming, or operational reasons.
The Director may waive the requirement to participate in or complete a substance abuse treatment program and award the good conduct credit in specific instances if the prisoner is not a good candidate for a substance abuse treatment SB1310 Enrolled - 280 - LRB096 09456 RLC 19613 b program for medical, programming, or operational reasons.
However, prisoners who are waiting to receive such treatment, but who are unable to do so due solely to the lack of resources on the part of the Department, may, at the Director's sole discretion, be SB1310 Engrossed - 281 - LRB096 09456 RLC 19613 b awarded good conduct credit at such rate as the Director shall determine.
However, prisoners who are waiting to receive such treatment, but who are unable to do so due solely to the lack of resources on the part of the Department, may, at the Director's sole discretion, be SB1310 Enrolled - 281 - LRB096 09456 RLC 19613 b awarded good conduct credit at such rate as the Director shall determine.
(b) Whenever a person is or has been committed under several convictions, with separate sentences, the sentences SB1310 Engrossed - 282 - LRB096 09456 RLC 19613 b shall be construed under Section 5-8-4 in granting and forfeiting of good time.
(b) Whenever a person is or has been committed under several convictions, with separate sentences, the sentences SB1310 Enrolled - 282 - LRB096 09456 RLC 19613 b shall be construed under Section 5-8-4 in granting and forfeiting of good time.
However, the Board shall not be empowered to review the Department's decision with respect to the loss of 30 days of good conduct credit within any calendar year for any prisoner or to increase any penalty beyond the length requested by the SB1310 Engrossed - 283 - LRB096 09456 RLC 19613 b Department.
However, the Board shall not be empowered to review the Department's decision with respect to the loss of 30 days of good conduct credit within any calendar year for any prisoner or to increase any penalty beyond the length requested by the SB1310 Enrolled - 283 - LRB096 09456 RLC 19613 b Department.
If the prisoner has not accumulated 180 days of good conduct credit at the time of the finding, then the Prisoner Review Board may revoke all good conduct credit accumulated by the SB1310 Engrossed - 284 - LRB096 09456 RLC 19613 b prisoner.
If the prisoner has not accumulated 180 days of good conduct credit at the time of the finding, then the Prisoner Review Board may revoke all good conduct credit accumulated by the SB1310 Enrolled - 284 - LRB096 09456 RLC 19613 b prisoner.
(2) "Lawsuit" means a motion pursuant to Section 116-3 SB1310 Engrossed - 285 - LRB096 09456 RLC 19613 b of the Code of Criminal Procedure of 1963, a habeas corpus action under Article X of the Code of Civil Procedure or under federal law (28 U.S.C.
(2) "Lawsuit" means a motion pursuant to Section 116-3 SB1310 Enrolled - 285 - LRB096 09456 RLC 19613 b of the Code of Criminal Procedure of 1963, a habeas corpus action under Article X of the Code of Civil Procedure or under federal law (28 U.S.C.
revised 9-16-10.) SB1310 Engrossed - 286 - LRB096 09456 RLC 19613 b (730 ILCS 5/5-3-2) (from Ch.
revised 9-16-10.) SB1310 Enrolled - 286 - LRB096 09456 RLC 19613 b (730 ILCS 5/5-3-2) (from Ch.
(5) when appropriate, a plan, based upon the personal, SB1310 Engrossed - 287 - LRB096 09456 RLC 19613 b economic and social adjustment needs of the defendant, utilizing public and private community resources as an alternative to institutional sentencing;
(5) when appropriate, a plan, based upon the personal, SB1310 Enrolled - 287 - LRB096 09456 RLC 19613 b economic and social adjustment needs of the defendant, utilizing public and private community resources as an alternative to institutional sentencing;
In cases in which the SB1310 Engrossed - 288 - LRB096 09456 RLC 19613 b offender is being considered for any mandatory prison sentence, the investigation shall not include a sex offender evaluation.
In cases in which the SB1310 Enrolled - 288 - LRB096 09456 RLC 19613 b offender is being considered for any mandatory prison sentence, the investigation shall not include a sex offender evaluation.
1005-5-3) SB1310 Engrossed - 289 - LRB096 09456 RLC 19613 b Sec.
1005-5-3) SB1310 Enrolled - 289 - LRB096 09456 RLC 19613 b Sec.
(F) A Class 2 or greater felony if the offender had been convicted of a Class 2 or greater felony, including any state or federal conviction for an SB1310 Engrossed - 290 - LRB096 09456 RLC 19613 b offense that contained, at the time it was committed, the same elements as an offense now (the date of the offense committed after the prior Class 2 or greater felony) classified as 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.
(F) A Class 2 or greater felony if the offender had been convicted of a Class 2 or greater felony, including any state or federal conviction for an SB1310 Enrolled - 290 - LRB096 09456 RLC 19613 b offense that contained, at the time it was committed, the same elements as an offense now (the date of the offense committed after the prior Class 2 or greater felony) classified as 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.
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 SB1310 Engrossed - 291 - LRB096 09456 RLC 19613 b association who do commit crimes.
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 SB1310 Enrolled - 291 - LRB096 09456 RLC 19613 b association who do commit crimes.
SB1310 Engrossed - 292 - LRB096 09456 RLC 19613 b (T) A second or subsequent violation of the Methamphetamine Control and Community Protection Act.
SB1310 Enrolled - 292 - LRB096 09456 RLC 19613 b (T) A second or subsequent violation of the Methamphetamine Control and Community Protection Act.
(CC) Knowingly selling, offering for sale, holding SB1310 Engrossed - 293 - LRB096 09456 RLC 19613 b for sale, or using 2,000 or more counterfeit items or counterfeit items having a retail value in the aggregate of $500,000 or more.
(CC) Knowingly selling, offering for sale, holding SB1310 Enrolled - 293 - LRB096 09456 RLC 19613 b for sale, or using 2,000 or more counterfeit items or counterfeit items having a retail value in the aggregate of $500,000 or more.
SB1310 Engrossed - 294 - LRB096 09456 RLC 19613 b (4.6) Except as provided in paragraph (4.10) of this subsection (c), 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.
SB1310 Enrolled - 294 - LRB096 09456 RLC 19613 b (4.6) Except as provided in paragraph (4.10) of this subsection (c), 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.
(4.10) A mandatory prison sentence for a Class 1 felony shall be imposed, and the person shall be eligible for an extended term sentence, for a fourth or subsequent violation of subsection (a-5) of Section 6-303 of the SB1310 Engrossed - 295 - LRB096 09456 RLC 19613 b Illinois Vehicle Code, as provided in subsection (d-3.5) of that Section.
(4.10) A mandatory prison sentence for a Class 1 felony shall be imposed, and the person shall be eligible for an extended term sentence, for a fourth or subsequent violation of subsection (a-5) of Section 6-303 of the SB1310 Enrolled - 295 - LRB096 09456 RLC 19613 b Illinois Vehicle Code, as provided in subsection (d-3.5) of that Section.
(5.3) In addition to any other penalties imposed, a person convicted of violating subsection (c) of Section 11-907 of the Illinois Vehicle Code shall have his or her SB1310 Engrossed - 296 - LRB096 09456 RLC 19613 b driver's license, permit, or privileges suspended for 2 years, if the violation resulted in the death of another person.
(5.3) In addition to any other penalties imposed, a person convicted of violating subsection (c) of Section 11-907 of the Illinois Vehicle Code shall have his or her SB1310 Enrolled - 296 - LRB096 09456 RLC 19613 b driver's license, permit, or privileges suspended for 2 years, if the violation resulted in the death of another person.
(11) The court shall impose a minimum fine of $1,000 for a first offense and $2,000 for a second or subsequent SB1310 Engrossed - 297 - LRB096 09456 RLC 19613 b 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.
(11) The court shall impose a minimum fine of $1,000 for a first offense and $2,000 for a second or subsequent SB1310 Enrolled - 297 - LRB096 09456 RLC 19613 b 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.
(13) A person convicted of or placed on court supervision for an assault or aggravated assault when the victim and the offender are family or household members as defined in Section 103 of the Illinois Domestic Violence Act of 1986 or convicted of domestic battery or aggravated domestic battery may be required to attend a Partner Abuse SB1310 Engrossed - 298 - LRB096 09456 RLC 19613 b Intervention Program under protocols set forth by the Illinois Department of Human Services under such terms and conditions imposed by the court.
(13) A person convicted of or placed on court supervision for an assault or aggravated assault when the victim and the offender are family or household members as defined in Section 103 of the Illinois Domestic Violence Act of 1986 or convicted of domestic battery or aggravated domestic battery may be required to attend a Partner Abuse SB1310 Enrolled - 298 - LRB096 09456 RLC 19613 b Intervention Program under protocols set forth by the Illinois Department of Human Services under such terms and conditions imposed by the court.
(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 SB1310 Engrossed - 299 - LRB096 09456 RLC 19613 b court shall consider the safety and welfare of the victim and may impose a sentence of probation only where:
(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 SB1310 Enrolled - 299 - LRB096 09456 RLC 19613 b court shall consider the safety and welfare of the victim and may impose a sentence of probation only where:
except where the court determines at the hearing that SB1310 Engrossed - 300 - LRB096 09456 RLC 19613 b 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.
except where the court determines at the hearing that SB1310 Enrolled - 300 - LRB096 09456 RLC 19613 b 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.
Acting in accordance with the best interests of the SB1310 Engrossed - 301 - LRB096 09456 RLC 19613 b victim and the public, the judge shall have the discretion to determine to whom, if anyone, the results of the testing may be revealed.
Acting in accordance with the best interests of the SB1310 Enrolled - 301 - LRB096 09456 RLC 19613 b victim and the public, the judge shall have the discretion to determine to whom, if anyone, the results of the testing may be revealed.
(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 SB1310 Engrossed - 302 - LRB096 09456 RLC 19613 b in which the inmate must appear for the judge's inspection in camera if requested by the judge.
(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 SB1310 Enrolled - 302 - LRB096 09456 RLC 19613 b in which the inmate must appear for the judge's inspection in camera if requested by the judge.
A State's Attorney may petition the court to SB1310 Engrossed - 303 - LRB096 09456 RLC 19613 b 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 12-5.01 or 12-16.2 of the Criminal Code of 1961 against the defendant.
A State's Attorney may petition the court to SB1310 Enrolled - 303 - LRB096 09456 RLC 19613 b 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 12-5.01 or 12-16.2 of the Criminal Code of 1961 against the defendant.
(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, 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, Section 410 of the Illinois Controlled Substance Act, or Section 70 of the Methamphetamine SB1310 Engrossed - 304 - LRB096 09456 RLC 19613 b 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.
(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, 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, Section 410 of the Illinois Controlled Substance Act, or Section 70 of the Methamphetamine SB1310 Enrolled - 304 - LRB096 09456 RLC 19613 b 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.
If a defendant fails to complete the educational training required by his or her sentence during the SB1310 Engrossed - 305 - LRB096 09456 RLC 19613 b 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.
If a defendant fails to complete the educational training required by his or her sentence during the SB1310 Enrolled - 305 - LRB096 09456 RLC 19613 b 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.
(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, SB1310 Engrossed - 306 - LRB096 09456 RLC 19613 b 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:
(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, SB1310 Enrolled - 306 - LRB096 09456 RLC 19613 b 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:
SB1310 Engrossed - 307 - LRB096 09456 RLC 19613 b (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.
SB1310 Enrolled - 307 - LRB096 09456 RLC 19613 b (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.
(n) The court may sentence a person convicted of a violation of Section 12-19, 12-21, or 16-1.3, or subsection (a) or (b) of Section 12-4.4a, 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 SB1310 Engrossed - 308 - LRB096 09456 RLC 19613 b and Dependency Act, to a substance or alcohol abuse program licensed under that Act.
(n) The court may sentence a person convicted of a violation of Section 12-19, 12-21, or 16-1.3, or subsection (a) or (b) of Section 12-4.4a, 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 SB1310 Enrolled - 308 - LRB096 09456 RLC 19613 b and Dependency Act, to a substance or alcohol abuse program licensed under that Act.
SB1310 Engrossed - 309 - LRB096 09456 RLC 19613 b (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;
SB1310 Enrolled - 309 - LRB096 09456 RLC 19613 b (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;
or (iii) the person or property of a relative (by blood or marriage) of a person described in clause (i) SB1310 Engrossed - 310 - LRB096 09456 RLC 19613 b or (ii).
or (iii) the person or property of a relative (by blood or marriage) of a person described in clause (i) SB1310 Enrolled - 310 - LRB096 09456 RLC 19613 b or (ii).
(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 SB1310 Engrossed - 311 - LRB096 09456 RLC 19613 b 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;
(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 SB1310 Enrolled - 311 - LRB096 09456 RLC 19613 b 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;
or on a public way within SB1310 Engrossed - 312 - LRB096 09456 RLC 19613 b 1,000 feet of the real property comprising any day care center, regardless of the time of day or time of year:
or on a public way within SB1310 Enrolled - 312 - LRB096 09456 RLC 19613 b 1,000 feet of the real property comprising any day care center, regardless of the time of day or time of year:
(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 SB1310 Engrossed - 313 - LRB096 09456 RLC 19613 b Act or an act of armed violence while armed with a firearm;
(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 SB1310 Enrolled - 313 - LRB096 09456 RLC 19613 b Act or an act of armed violence while armed with a firearm;
(23) the defendant committed the offense against a SB1310 Engrossed - 314 - LRB096 09456 RLC 19613 b person who was elderly, disabled, or infirm by taking advantage of a family or fiduciary relationship with the elderly, disabled, or infirm person;
(23) the defendant committed the offense against a SB1310 Enrolled - 314 - LRB096 09456 RLC 19613 b person who was elderly, disabled, or infirm by taking advantage of a family or fiduciary relationship with the elderly, disabled, or infirm person;
or (27) the defendant committed the offense of first degree murder, assault, aggravated assault, battery, aggravated battery, robbery, armed robbery, or aggravated SB1310 Engrossed - 315 - LRB096 09456 RLC 19613 b robbery against a person who was a veteran and the defendant knew, or reasonably should have known, that the person was a veteran performing duties as a representative of a veterans' organization.
or (27) the defendant committed the offense of first degree murder, assault, aggravated assault, battery, aggravated battery, robbery, armed robbery, or aggravated SB1310 Enrolled - 315 - LRB096 09456 RLC 19613 b robbery against a person who was a veteran and the defendant knew, or reasonably should have known, that the person was a veteran performing duties as a representative of a veterans' organization.
(b) The following factors, related to all felonies, may be considered by the court as reasons to impose an extended term SB1310 Engrossed - 316 - LRB096 09456 RLC 19613 b sentence under Section 5-8-2 upon any offender:
(b) The following factors, related to all felonies, may be considered by the court as reasons to impose an extended term SB1310 Enrolled - 316 - LRB096 09456 RLC 19613 b sentence under Section 5-8-2 upon any offender:
SB1310 Engrossed - 317 - LRB096 09456 RLC 19613 b (i) the brutalizing or torturing of humans or animals;
SB1310 Enrolled - 317 - LRB096 09456 RLC 19613 b (i) the brutalizing or torturing of humans or animals;
or (7) 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 SB1310 Engrossed - 318 - LRB096 09456 RLC 19613 b 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 (7) 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 SB1310 Enrolled - 318 - LRB096 09456 RLC 19613 b 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;
(1.5) When a defendant is convicted of first degree murder, after having been previously convicted of domestic battery (720 ILCS 5/12-3.2) or aggravated domestic battery (720 ILCS 5/12-3.3) committed on the same victim or after SB1310 Engrossed - 319 - LRB096 09456 RLC 19613 b having been previously convicted of violation of an order of protection (720 ILCS 5/12-30) in which the same victim was the protected person.
(1.5) When a defendant is convicted of first degree murder, after having been previously convicted of domestic battery (720 ILCS 5/12-3.2) or aggravated domestic battery (720 ILCS 5/12-3.3) committed on the same victim or after SB1310 Enrolled - 319 - LRB096 09456 RLC 19613 b having been previously convicted of violation of an order of protection (720 ILCS 5/12-30) in which the same victim was the protected person.
(5) When a defendant is convicted of a felony violation of Section 24-1 of the Criminal Code of 1961 (720 ILCS SB1310 Engrossed - 320 - LRB096 09456 RLC 19613 b 5/24-1) and there is a finding that the defendant is a member of an organized gang.
(5) When a defendant is convicted of a felony violation of Section 24-1 of the Criminal Code of 1961 (720 ILCS SB1310 Enrolled - 320 - LRB096 09456 RLC 19613 b 5/24-1) and there is a finding that the defendant is a member of an organized gang.
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 SB1310 Engrossed - 321 - LRB096 09456 RLC 19613 b room personnel.
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 SB1310 Enrolled - 321 - LRB096 09456 RLC 19613 b room personnel.
SB1310 Engrossed - 322 - LRB096 09456 RLC 19613 b When an Illinois court (i) imposes multiple sentences of imprisonment on a defendant at the same time or (ii) imposes a sentence of imprisonment on a defendant who is already subject to a sentence of imprisonment imposed by an Illinois court, a court of another state, or a federal court, then the sentences shall run concurrently unless otherwise determined by the Illinois court under this Section.
SB1310 Enrolled - 322 - LRB096 09456 RLC 19613 b When an Illinois court (i) imposes multiple sentences of imprisonment on a defendant at the same time or (ii) imposes a sentence of imprisonment on a defendant who is already subject to a sentence of imprisonment imposed by an Illinois court, a court of another state, or a federal court, then the sentences shall run concurrently unless otherwise determined by the Illinois court under this Section.
SB1310 Engrossed - 323 - LRB096 09456 RLC 19613 b (d) Consecutive terms;
SB1310 Enrolled - 323 - LRB096 09456 RLC 19613 b (d) Consecutive terms;
solicitation of murder, solicitation of murder for hire, heinous battery as described in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, aggravated battery of a senior citizen as described in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05, criminal sexual assault, a violation of subsection (g) of Section 5 of the Cannabis Control Act (720 ILCS 550/5), cannabis trafficking, a violation of subsection (a) of Section 401 of the Illinois Controlled Substances Act (720 ILCS 570/401), controlled substance trafficking involving a Class X felony amount of controlled substance under Section 401 of the Illinois Controlled Substances Act (720 ILCS 570/401), a violation of the Methamphetamine Control and Community Protection Act (720 ILCS 646/), calculated SB1310 Engrossed - 324 - LRB096 09456 RLC 19613 b criminal drug conspiracy, or streetgang criminal drug conspiracy.
solicitation of murder, solicitation of murder for hire, heinous battery as described in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, aggravated battery of a senior citizen as described in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05, criminal sexual assault, a violation of subsection (g) of Section 5 of the Cannabis Control Act (720 ILCS 550/5), cannabis trafficking, a violation of subsection (a) of Section 401 of the Illinois Controlled Substances Act (720 ILCS 570/401), controlled substance trafficking involving a Class X felony amount of controlled substance under Section 401 of the Illinois Controlled Substances Act (720 ILCS 570/401), a violation of the Methamphetamine Control and Community Protection Act (720 ILCS 646/), calculated SB1310 Enrolled - 324 - LRB096 09456 RLC 19613 b criminal drug conspiracy, or streetgang criminal drug conspiracy.
If, however, the defendant is sentenced to punishment by death, the sentence shall be SB1310 Engrossed - 325 - LRB096 09456 RLC 19613 b executed at such time as the court may fix without regard to the sentence under which the defendant may be held by the Department.
If, however, the defendant is sentenced to punishment by death, the sentence shall be SB1310 Enrolled - 325 - LRB096 09456 RLC 19613 b executed at such time as the court may fix without regard to the sentence under which the defendant may be held by the Department.
(9) 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, then any SB1310 Engrossed - 326 - LRB096 09456 RLC 19613 b 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.
(9) 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, then any SB1310 Enrolled - 326 - LRB096 09456 RLC 19613 b 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.
That same Illinois court, however, may order that the SB1310 Engrossed - 327 - LRB096 09456 RLC 19613 b Illinois sentence run concurrently with the sentence imposed by the court of the other state or the federal court, but only if the defendant applies to that same Illinois court within 30 days after the sentence imposed by the court of the other state or the federal court is finalized.
That same Illinois court, however, may order that the SB1310 Enrolled - 327 - LRB096 09456 RLC 19613 b Illinois sentence run concurrently with the sentence imposed by the court of the other state or the federal court, but only if the defendant applies to that same Illinois court within 30 days after the sentence imposed by the court of the other state or the federal court is finalized.
(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 SB1310 Engrossed - 328 - LRB096 09456 RLC 19613 b under Article 4.5 of Chapter V 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.
(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 SB1310 Enrolled - 328 - LRB096 09456 RLC 19613 b under Article 4.5 of Chapter V 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.
(3) The minimum period of imprisonment shall be the aggregate of the minimum and determinate periods of SB1310 Engrossed - 329 - LRB096 09456 RLC 19613 b imprisonment imposed by the court, subject to subsection (f) of this Section.
(3) The minimum period of imprisonment shall be the aggregate of the minimum and determinate periods of SB1310 Enrolled - 329 - LRB096 09456 RLC 19613 b imprisonment imposed by the court, subject to subsection (f) of this Section.
An approved electronic monitoring device may be used to record a conversation between the participant and the SB1310 Engrossed - 330 - LRB096 09456 RLC 19613 b monitoring device, or the participant and the person supervising the participant solely for the purpose of identification and not for the purpose of eavesdropping or conducting any other illegally intrusive monitoring.
An approved electronic monitoring device may be used to record a conversation between the participant and the SB1310 Enrolled - 330 - LRB096 09456 RLC 19613 b monitoring device, or the participant and the person supervising the participant solely for the purpose of identification and not for the purpose of eavesdropping or conducting any other illegally intrusive monitoring.
SB1310 Engrossed - 331 - LRB096 09456 RLC 19613 b (F) "Super-X drug offense" means a violation of Section 401(a)(1)(B), (C), or (D);
SB1310 Enrolled - 331 - LRB096 09456 RLC 19613 b (F) "Super-X drug offense" means a violation of Section 401(a)(1)(B), (C), or (D);
(c) The supervising authority of a domestic violence surveillance program under Section 5-8A-7 of this Act shall SB1310 Engrossed - 332 - LRB096 09456 RLC 19613 b assess a person either convicted of, or charged with, the violation of an order of protection an additional fee to cover the costs of providing the equipment used and the additional supervision needed for such domestic violence surveillance program.
(c) The supervising authority of a domestic violence surveillance program under Section 5-8A-7 of this Act shall SB1310 Enrolled - 332 - LRB096 09456 RLC 19613 b assess a person either convicted of, or charged with, the violation of an order of protection an additional fee to cover the costs of providing the equipment used and the additional supervision needed for such domestic violence surveillance program.
When the supervising authority is the Department of Corrections, the Department shall collect the fee for deposit SB1310 Engrossed - 333 - LRB096 09456 RLC 19613 b into the Illinois Department of Corrections "fund".
When the supervising authority is the Department of Corrections, the Department shall collect the fee for deposit SB1310 Enrolled - 333 - LRB096 09456 RLC 19613 b into the Illinois Department of Corrections "fund".
(2) A sex offense under Article 11, except offenses SB1310 Engrossed - 334 - LRB096 09456 RLC 19613 b described in Sections 11-7, 11-8, 11-12, 11-13 and 11-18.
(2) A sex offense under Article 11, except offenses SB1310 Enrolled - 334 - LRB096 09456 RLC 19613 b described in Sections 11-7, 11-8, 11-12, 11-13 and 11-18.
(a) "Applicant" means any person who applies for compensation under this Act or any person the Court of Claims finds is entitled to compensation, including the guardian of a SB1310 Engrossed - 335 - LRB096 09456 RLC 19613 b minor or of a person under legal disability.
(a) "Applicant" means any person who applies for compensation under this Act or any person the Court of Claims finds is entitled to compensation, including the guardian of a SB1310 Enrolled - 335 - LRB096 09456 RLC 19613 b minor or of a person under legal disability.
"Crime of violence" does include all of the offenses specifically provided for in this paragraph that occur within this State but are subject to federal jurisdiction and crimes SB1310 Engrossed - 336 - LRB096 09456 RLC 19613 b involving terrorism as defined in 18 U.S.C.
"Crime of violence" does include all of the offenses specifically provided for in this paragraph that occur within this State but are subject to federal jurisdiction and crimes SB1310 Enrolled - 336 - LRB096 09456 RLC 19613 b involving terrorism as defined in 18 U.S.C.
(d) "Victim" means (1) a person killed or injured in this State as a result of a crime of violence perpetrated or attempted against him or her, (2) the parent of a person killed or injured in this State as a result of a crime of violence perpetrated or attempted against the person, (3) a person killed or injured in this State while attempting to assist a person against whom a crime of violence is being perpetrated or attempted, if that attempt of assistance would be expected of a reasonable person under the circumstances, (4) a person killed or injured in this State while assisting a law enforcement official apprehend a person who has perpetrated a crime of violence or prevent the perpetration of any such crime if that assistance was in response to the express request of the law enforcement official, (5) a person who personally witnessed a violent crime, (5.1) solely for the purpose of compensating for pecuniary loss incurred for psychological treatment of a mental or emotional condition caused or aggravated by the crime, any other person under the age of 18 who is the brother, sister, half brother, half sister, child, or stepchild of a person killed or injured in this State as a result of a crime of violence, (6) an Illinois resident who is a victim of a "crime of violence" as defined in this Act except, if the crime occurred outside this State, the resident has the same rights under this Act as if the crime had occurred in this State upon a showing that the state, territory, country, or political SB1310 Engrossed - 337 - LRB096 09456 RLC 19613 b subdivision of a country in which the crime occurred does not have a compensation of victims of crimes law for which that Illinois resident is eligible, (7) a deceased person whose body is dismembered or whose remains are desecrated as the result of a crime of violence, or (8) solely for the purpose of compensating for pecuniary loss incurred for psychological treatment of a mental or emotional condition caused or aggravated by the crime, any parent, spouse, or child under the age of 18 of a deceased person whose body is dismembered or whose remains are desecrated as the result of a crime of violence.
(d) "Victim" means (1) a person killed or injured in this State as a result of a crime of violence perpetrated or attempted against him or her, (2) the parent of a person killed or injured in this State as a result of a crime of violence perpetrated or attempted against the person, (3) a person killed or injured in this State while attempting to assist a person against whom a crime of violence is being perpetrated or attempted, if that attempt of assistance would be expected of a reasonable person under the circumstances, (4) a person killed or injured in this State while assisting a law enforcement official apprehend a person who has perpetrated a crime of violence or prevent the perpetration of any such crime if that assistance was in response to the express request of the law enforcement official, (5) a person who personally witnessed a violent crime, (5.1) solely for the purpose of compensating for pecuniary loss incurred for psychological treatment of a mental or emotional condition caused or aggravated by the crime, any other person under the age of 18 who is the brother, sister, half brother, half sister, child, or stepchild of a person killed or injured in this State as a result of a crime of violence, (6) an Illinois resident who is a victim of a "crime of violence" as defined in this Act except, if the crime occurred outside this State, the resident has the same rights under this Act as if the crime had occurred in this State upon a showing that the state, territory, country, or political SB1310 Enrolled - 337 - LRB096 09456 RLC 19613 b subdivision of a country in which the crime occurred does not have a compensation of victims of crimes law for which that Illinois resident is eligible, (7) a deceased person whose body is dismembered or whose remains are desecrated as the result of a crime of violence, or (8) solely for the purpose of compensating for pecuniary loss incurred for psychological treatment of a mental or emotional condition caused or aggravated by the crime, any parent, spouse, or child under the age of 18 of a deceased person whose body is dismembered or whose remains are desecrated as the result of a crime of violence.
(h) "Pecuniary loss" means, in the case of injury, appropriate medical expenses and hospital expenses including expenses of medical examinations, rehabilitation, medically required nursing care expenses, appropriate psychiatric care SB1310 Engrossed - 338 - LRB096 09456 RLC 19613 b or psychiatric counseling expenses, expenses for care or counseling by a licensed clinical psychologist, licensed clinical social worker, or licensed clinical professional counselor and expenses for treatment by Christian Science practitioners and nursing care appropriate thereto;
(h) "Pecuniary loss" means, in the case of injury, appropriate medical expenses and hospital expenses including expenses of medical examinations, rehabilitation, medically required nursing care expenses, appropriate psychiatric care SB1310 Enrolled - 338 - LRB096 09456 RLC 19613 b or psychiatric counseling expenses, expenses for care or counseling by a licensed clinical psychologist, licensed clinical social worker, or licensed clinical professional counselor and expenses for treatment by Christian Science practitioners and nursing care appropriate thereto;
loss of tuition paid to attend grammar school or high school when the victim had been enrolled as a student prior to the injury, or college or graduate school when the victim had been enrolled as a day or night student prior to the injury when the victim becomes unable to continue SB1310 Engrossed - 339 - LRB096 09456 RLC 19613 b attendance at school as a result of the crime of violence perpetrated against him or her;
loss of tuition paid to attend grammar school or high school when the victim had been enrolled as a student prior to the injury, or college or graduate school when the victim had been enrolled as a day or night student prior to the injury when the victim becomes unable to continue SB1310 Enrolled - 339 - LRB096 09456 RLC 19613 b attendance at school as a result of the crime of violence perpetrated against him or her;
Real and SB1310 Engrossed - 340 - LRB096 09456 RLC 19613 b personal property includes, but is not limited to, vehicles, houses, apartments, town houses, or condominiums.
Real and SB1310 Enrolled - 340 - LRB096 09456 RLC 19613 b personal property includes, but is not limited to, vehicles, houses, apartments, town houses, or condominiums.
(a) For purposes of this Act, "marital property" means all property acquired by either spouse subsequent to the marriage, SB1310 Engrossed - 341 - LRB096 09456 RLC 19613 b except the following, which is known as "non-marital property":
(a) For purposes of this Act, "marital property" means all property acquired by either spouse subsequent to the marriage, SB1310 Enrolled - 341 - LRB096 09456 RLC 19613 b except the following, which is known as "non-marital property":
(b)(1) For purposes of distribution of property pursuant to this Section, all property acquired by either spouse after the marriage and before a judgment of dissolution of marriage or declaration of invalidity of marriage, including non-marital SB1310 Engrossed - 342 - LRB096 09456 RLC 19613 b property transferred into some form of co-ownership between the spouses, is presumed to be marital property, regardless of whether title is held individually or by the spouses in some form of co-ownership such as joint tenancy, tenancy in common, tenancy by the entirety, or community property.
(b)(1) For purposes of distribution of property pursuant to this Section, all property acquired by either spouse after the marriage and before a judgment of dissolution of marriage or declaration of invalidity of marriage, including non-marital SB1310 Enrolled - 342 - LRB096 09456 RLC 19613 b property transferred into some form of co-ownership between the spouses, is presumed to be marital property, regardless of whether title is held individually or by the spouses in some form of co-ownership such as joint tenancy, tenancy in common, tenancy by the entirety, or community property.
The recognition of pension benefits as marital property and the division of those benefits pursuant to a Qualified Illinois SB1310 Engrossed - 343 - LRB096 09456 RLC 19613 b Domestic Relations Order shall not be deemed to be a diminishment, alienation, or impairment of those benefits.
The recognition of pension benefits as marital property and the division of those benefits pursuant to a Qualified Illinois SB1310 Enrolled - 343 - LRB096 09456 RLC 19613 b Domestic Relations Order shall not be deemed to be a diminishment, alienation, or impairment of those benefits.
SB1310 Engrossed - 344 - LRB096 09456 RLC 19613 b (c) Commingled marital and non-marital property shall be treated in the following manner, unless otherwise agreed by the spouses:
SB1310 Enrolled - 344 - LRB096 09456 RLC 19613 b (c) Commingled marital and non-marital property shall be treated in the following manner, unless otherwise agreed by the spouses:
SB1310 Engrossed - 345 - LRB096 09456 RLC 19613 b Personal effort of a spouse shall be deemed a contribution by the marital estate.
SB1310 Enrolled - 345 - LRB096 09456 RLC 19613 b Personal effort of a spouse shall be deemed a contribution by the marital estate.
(5) the relevant economic circumstances of each spouse SB1310 Engrossed - 346 - LRB096 09456 RLC 19613 b when the division of property is to become effective, including the desirability of awarding the family home, or the right to live therein for reasonable periods, to the spouse having custody of the children;
(5) the relevant economic circumstances of each spouse SB1310 Enrolled - 346 - LRB096 09456 RLC 19613 b when the division of property is to become effective, including the desirability of awarding the family home, or the right to live therein for reasonable periods, to the spouse having custody of the children;
(f) In a proceeding for dissolution of marriage or SB1310 Engrossed - 347 - LRB096 09456 RLC 19613 b declaration of invalidity of marriage or in a proceeding for disposition of property following dissolution of marriage by a court that lacked personal jurisdiction over the absent spouse or lacked jurisdiction to dispose of the property, the court, in determining the value of the marital and non-marital property for purposes of dividing the property, shall value the property as of the date of trial or some other date as close to the date of trial as is practicable.
(f) In a proceeding for dissolution of marriage or SB1310 Enrolled - 347 - LRB096 09456 RLC 19613 b declaration of invalidity of marriage or in a proceeding for disposition of property following dissolution of marriage by a court that lacked personal jurisdiction over the absent spouse or lacked jurisdiction to dispose of the property, the court, in determining the value of the marital and non-marital property for purposes of dividing the property, shall value the property as of the date of trial or some other date as close to the date of trial as is practicable.
(h) Unless specifically directed by a reviewing court, or upon good cause shown, the court shall not on remand consider any increase or decrease in the value of any "marital" or "non-marital" property occurring since the assessment of such SB1310 Engrossed - 348 - LRB096 09456 RLC 19613 b property at the original trial or hearing, but shall use only that assessment made at the original trial or hearing.
(h) Unless specifically directed by a reviewing court, or upon good cause shown, the court shall not on remand consider any increase or decrease in the value of any "marital" or "non-marital" property occurring since the assessment of such SB1310 Enrolled - 348 - LRB096 09456 RLC 19613 b property at the original trial or hearing, but shall use only that assessment made at the original trial or hearing.
and such a waiver shall not constitute a SB1310 Engrossed - 349 - LRB096 09456 RLC 19613 b prerequisite to a hearing for contribution.
and such a waiver shall not constitute a SB1310 Enrolled - 349 - LRB096 09456 RLC 19613 b prerequisite to a hearing for contribution.
1-1-10.) SB1310 Engrossed - 350 - LRB096 09456 RLC 19613 b Section 990.
1-1-10.) SB1310 Enrolled - 350 - LRB096 09456 RLC 19613 b Section 990.
(5) "Exploitation" means the illegal, including tortious, use of a high-risk adult with disabilities or of the assets or SB1310 Engrossed - 351 - LRB096 09456 RLC 19613 b resources of a high-risk adult with disabilities.
(5) "Exploitation" means the illegal, including tortious, use of a high-risk adult with disabilities or of the assets or SB1310 Enrolled - 351 - LRB096 09456 RLC 19613 b resources of a high-risk adult with disabilities.
SB1310 Engrossed - 352 - LRB096 09456 RLC 19613 b (7) "Harassment" means knowing conduct which is not necessary to accomplish a purpose that is reasonable under the circumstances;
SB1310 Enrolled - 352 - LRB096 09456 RLC 19613 b (7) "Harassment" means knowing conduct which is not necessary to accomplish a purpose that is reasonable under the circumstances;
or (vi) threatening physical force, confinement or SB1310 Engrossed - 353 - LRB096 09456 RLC 19613 b restraint on one or more occasions.
or (vi) threatening physical force, confinement or SB1310 Enrolled - 353 - LRB096 09456 RLC 19613 b restraint on one or more occasions.
(iii) the failure to provide food, shelter, clothing, and personal hygiene to a high-risk adult with disabilities SB1310 Engrossed - 354 - LRB096 09456 RLC 19613 b who requires such assistance;
(iii) the failure to provide food, shelter, clothing, and personal hygiene to a high-risk adult with disabilities SB1310 Enrolled - 354 - LRB096 09456 RLC 19613 b who requires such assistance;
or (iii) knowing or reckless conduct which creates an SB1310 Engrossed - 355 - LRB096 09456 RLC 19613 b immediate risk of physical harm.
or (iii) knowing or reckless conduct which creates an SB1310 Enrolled - 355 - LRB096 09456 RLC 19613 b immediate risk of physical harm.
SB1310 Engrossed - 356 - LRB096 09456 RLC 19613 b (i) remedies described in paragraphs (1), (2), (3), (14), or (14.5) of subsection (b) of Section 214 of this Act;
SB1310 Enrolled - 356 - LRB096 09456 RLC 19613 b (i) remedies described in paragraphs (1), (2), (3), (14), or (14.5) of subsection (b) of Section 214 of this Act;
or (ii) a remedy, which is substantially similar to the remedies authorized under paragraphs (5), (6), or (8) of subsection (b) of Section 214 of this Act, in a valid order of protection which is authorized under the laws of another state, tribe, or United States SB1310 Engrossed - 357 - LRB096 09456 RLC 19613 b territory.
or (ii) a remedy, which is substantially similar to the remedies authorized under paragraphs (5), (6), or (8) of subsection (b) of Section 214 of this Act, in a valid order of protection which is authorized under the laws of another state, tribe, or United States SB1310 Enrolled - 357 - LRB096 09456 RLC 19613 b territory.
SB1310 Engrossed - 358 - LRB096 09456 RLC 19613 b (c) Violation of custody or support orders.
SB1310 Enrolled - 358 - LRB096 09456 RLC 19613 b (c) Violation of custody or support orders.
The court, when determining whether or SB1310 Engrossed - 359 - LRB096 09456 RLC 19613 b not a violation of an order of protection has occurred, shall not require physical manifestations of abuse on the person of the victim.
The court, when determining whether or SB1310 Enrolled - 359 - LRB096 09456 RLC 19613 b not a violation of an order of protection has occurred, shall not require physical manifestations of abuse on the person of the victim.
and SB1310 Engrossed - 360 - LRB096 09456 RLC 19613 b (iii) impose a minimum penalty of 48 hours imprisonment for respondent's second or subsequent violation of an order of protection unless the court explicitly finds that an increased penalty or that period of imprisonment would be manifestly unjust.
and SB1310 Enrolled - 360 - LRB096 09456 RLC 19613 b (iii) impose a minimum penalty of 48 hours imprisonment for respondent's second or subsequent violation of an order of protection unless the court explicitly finds that an increased penalty or that period of imprisonment would be manifestly unjust.
8-21-07.) SB1310 Engrossed - 361 - LRB096 09456 RLC 19613 b (750 ILCS 60/301) (from Ch.
8-21-07.) SB1310 Enrolled - 361 - LRB096 09456 RLC 19613 b (750 ILCS 60/301) (from Ch.
SB1310 Engrossed - 362 - LRB096 09456 RLC 19613 b (a) In this Section:
SB1310 Enrolled - 362 - LRB096 09456 RLC 19613 b (a) In this Section:
Notwithstanding the foregoing, a person convicted of financial exploitation, abuse, or neglect of an elderly person or a person with a disability shall be entitled to receive property, a benefit, or SB1310 Engrossed - 363 - LRB096 09456 RLC 19613 b an interest in any capacity and under any circumstances described in this subsection (b) if it is demonstrated by clear and convincing evidence that the victim of that offense knew of the conviction and subsequent to the conviction expressed or ratified his or her intent to transfer the property, benefit, or interest to the person convicted of financial exploitation, abuse, or neglect of an elderly person or a person with a disability in any manner contemplated by this subsection (b).
Notwithstanding the foregoing, a person convicted of financial exploitation, abuse, or neglect of an elderly person or a person with a disability shall be entitled to receive property, a benefit, or SB1310 Enrolled - 363 - LRB096 09456 RLC 19613 b an interest in any capacity and under any circumstances described in this subsection (b) if it is demonstrated by clear and convincing evidence that the victim of that offense knew of the conviction and subsequent to the conviction expressed or ratified his or her intent to transfer the property, benefit, or interest to the person convicted of financial exploitation, abuse, or neglect of an elderly person or a person with a disability in any manner contemplated by this subsection (b).
(d) If the holder of any property subject to the provisions SB1310 Engrossed - 364 - LRB096 09456 RLC 19613 b of this Section knows that a potential beneficiary has been convicted of financial exploitation, abuse, or neglect of an elderly person or a person with a disability within the scope of this Section, the holder shall fully cooperate with law enforcement authorities and judicial officers in connection with any investigation of the financial exploitation, abuse, or neglect.
(d) If the holder of any property subject to the provisions SB1310 Enrolled - 364 - LRB096 09456 RLC 19613 b of this Section knows that a potential beneficiary has been convicted of financial exploitation, abuse, or neglect of an elderly person or a person with a disability within the scope of this Section, the holder shall fully cooperate with law enforcement authorities and judicial officers in connection with any investigation of the financial exploitation, abuse, or neglect.
A person who is convicted of a violation of Section 12-19, 12-21, or 16-1.3, or subsection (a) or (b) of Section 12-4.4a, of the Criminal Code of 1961 may not receive any property, benefit, or other interest by reason of the death of the victim of that offense, whether as heir, legatee, beneficiary, joint tenant, tenant by the entirety, SB1310 Engrossed - 365 - LRB096 09456 RLC 19613 b survivor, appointee, or in any other capacity and whether the property, benefit, or other interest passes pursuant to any form of title registration, testamentary or nontestamentary instrument, intestacy, renunciation, or any other circumstance.
A person who is convicted of a violation of Section 12-19, 12-21, or 16-1.3, or subsection (a) or (b) of Section 12-4.4a, of the Criminal Code of 1961 may not receive any property, benefit, or other interest by reason of the death of the victim of that offense, whether as heir, legatee, beneficiary, joint tenant, tenant by the entirety, SB1310 Enrolled - 365 - LRB096 09456 RLC 19613 b survivor, appointee, or in any other capacity and whether the property, benefit, or other interest passes pursuant to any form of title registration, testamentary or nontestamentary instrument, intestacy, renunciation, or any other circumstance.
The holder of any property subject to the provisions of this Section is not liable for distributing or releasing the SB1310 Engrossed - 366 - LRB096 09456 RLC 19613 b property to the person convicted of violating Section 12-19, 12-21, or 16-1.3, or subsection (a) or (b) of Section 12-4.4a, of the Criminal Code of 1961.
The holder of any property subject to the provisions of this Section is not liable for distributing or releasing the SB1310 Enrolled - 366 - LRB096 09456 RLC 19613 b property to the person convicted of violating Section 12-19, 12-21, or 16-1.3, or subsection (a) or (b) of Section 12-4.4a, of the Criminal Code of 1961.
SB1310 Engrossed - 367 - LRB096 09456 RLC 19613 b Section 5.
SB1310 Enrolled - 367 - LRB096 09456 RLC 19613 b Section 5.
(1) Soliciting for a prostitute by performing any of the following acts when acting other than as a prostitute SB1310 Engrossed - 368 - LRB096 09456 RLC 19613 b or a patron of a prostitute:
(1) Soliciting for a prostitute by performing any of the following acts when acting other than as a prostitute SB1310 Enrolled - 368 - LRB096 09456 RLC 19613 b or a patron of a prostitute:
"Bodily harm" means physical harm, and includes, but is not limited to, sexually transmitted disease, pregnancy, and SB1310 Engrossed - 369 - LRB096 09456 RLC 19613 b impotence.
"Bodily harm" means physical harm, and includes, but is not limited to, sexually transmitted disease, pregnancy, and SB1310 Enrolled - 369 - LRB096 09456 RLC 19613 b impotence.
(1) when the accused threatens to use force or violence on the victim or on any other person, and the victim under SB1310 Engrossed - 370 - LRB096 09456 RLC 19613 b the circumstances reasonably believes that the accused has the ability to execute that threat;
(1) when the accused threatens to use force or violence on the victim or on any other person, and the victim under SB1310 Enrolled - 370 - LRB096 09456 RLC 19613 b the circumstances reasonably believes that the accused has the ability to execute that threat;
SB1310 Engrossed - 371 - LRB096 09456 RLC 19613 b "Public place".
SB1310 Enrolled - 371 - LRB096 09456 RLC 19613 b "Public place".
SB1310 Engrossed - 372 - LRB096 09456 RLC 19613 b "Supervising officer".
SB1310 Enrolled - 372 - LRB096 09456 RLC 19613 b "Supervising officer".
SB1310 Engrossed - 373 - LRB096 09456 RLC 19613 b (b) Any medical examination or procedure which is conducted by a physician, nurse, medical or hospital personnel, parent, or caretaker for purposes and in a manner consistent with reasonable medical standards is not an offense under Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16 of this Code.
SB1310 Enrolled - 373 - LRB096 09456 RLC 19613 b (b) Any medical examination or procedure which is conducted by a physician, nurse, medical or hospital personnel, parent, or caretaker for purposes and in a manner consistent with reasonable medical standards is not an offense under Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16 of this Code.
The medical tests shall be performed only by appropriately licensed medical SB1310 Engrossed - 374 - LRB096 09456 RLC 19613 b practitioners.
The medical tests shall be performed only by appropriately licensed medical SB1310 Enrolled - 374 - LRB096 09456 RLC 19613 b practitioners.
SB1310 Engrossed - 375 - LRB096 09456 RLC 19613 b (g) Every hospital providing emergency hospital services to an alleged sexual assault survivor, when there is reasonable cause to believe that a person has been delivered a controlled substance without his or her consent, shall designate personnel to provide:
SB1310 Enrolled - 375 - LRB096 09456 RLC 19613 b (g) Every hospital providing emergency hospital services to an alleged sexual assault survivor, when there is reasonable cause to believe that a person has been delivered a controlled substance without his or her consent, shall designate personnel to provide:
Any testing under SB1310 Engrossed - 376 - LRB096 09456 RLC 19613 b this subsection shall be only in accordance with the order of a licensed individual authorized to order the testing.
Any testing under SB1310 Enrolled - 376 - LRB096 09456 RLC 19613 b this subsection shall be only in accordance with the order of a licensed individual authorized to order the testing.
or SB1310 Engrossed - 377 - LRB096 09456 RLC 19613 b (4) commits an act of sexual penetration with a victim who was at least 13 years of age but under 18 years of age when the act was committed and the accused was 17 years of age or over and held a position of trust, authority or supervision in relation to the victim.
or SB1310 Enrolled - 377 - LRB096 09456 RLC 19613 b (4) commits an act of sexual penetration with a victim who was at least 13 years of age but under 18 years of age when the act was committed and the accused was 17 years of age or over and held a position of trust, authority or supervision in relation to the victim.
(B) (3) A person who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) SB1310 Engrossed - 378 - LRB096 09456 RLC 19613 b or (a)(2) after having previously been convicted of the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child, or who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of aggravated criminal sexual assault or the offense of criminal predatory criminal sexual assault of a child shall be sentenced to a term of natural life imprisonment.
(B) (3) A person who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) SB1310 Enrolled - 378 - LRB096 09456 RLC 19613 b or (a)(2) after having previously been convicted of the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child, or who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of aggravated criminal sexual assault or the offense of criminal predatory criminal sexual assault of a child shall be sentenced to a term of natural life imprisonment.
The fact of such prior conviction is not an element of the offense SB1310 Engrossed - 379 - LRB096 09456 RLC 19613 b and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial.
The fact of such prior conviction is not an element of the offense SB1310 Enrolled - 379 - LRB096 09456 RLC 19613 b and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial.
SB1310 Engrossed - 380 - LRB096 09456 RLC 19613 b (6) the victim is a physically handicapped person;
SB1310 Enrolled - 380 - LRB096 09456 RLC 19613 b (6) the victim is a physically handicapped person;
or SB1310 Engrossed - 381 - LRB096 09456 RLC 19613 b (3) the accused acted in such a manner as to threaten or endanger the life of the victim or any other person;
or SB1310 Enrolled - 381 - LRB096 09456 RLC 19613 b (3) the accused acted in such a manner as to threaten or endanger the life of the victim or any other person;
or (ii) commits an act of sexual penetration with a victim who is was at least 9 years of age but under 13 years of age when the act SB1310 Engrossed - 382 - LRB096 09456 RLC 19613 b was committed and the person uses accused used force or threat of force to commit the act.
or (ii) commits an act of sexual penetration with a victim who is was at least 9 years of age but under 13 years of age when the act SB1310 Enrolled - 382 - LRB096 09456 RLC 19613 b was committed and the person uses accused used force or threat of force to commit the act.
(2) A person who is convicted of a second or subsequent offense of aggravated criminal sexual assault, or who is convicted of the offense of aggravated criminal sexual assault after having previously been convicted of the offense of criminal sexual assault or the offense of SB1310 Engrossed - 383 - LRB096 09456 RLC 19613 b predatory criminal sexual assault of a child, or who is convicted of the offense of aggravated criminal sexual assault after having previously been convicted under the laws of this or any other state of an offense that is substantially equivalent to the offense of criminal sexual assault, the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child, shall be sentenced to a term of natural life imprisonment.
(2) A person who is convicted of a second or subsequent offense of aggravated criminal sexual assault, or who is convicted of the offense of aggravated criminal sexual assault after having previously been convicted of the offense of criminal sexual assault or the offense of SB1310 Enrolled - 383 - LRB096 09456 RLC 19613 b predatory criminal sexual assault of a child, or who is convicted of the offense of aggravated criminal sexual assault after having previously been convicted under the laws of this or any other state of an offense that is substantially equivalent to the offense of criminal sexual assault, the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child, shall be sentenced to a term of natural life imprisonment.
SB1310 Engrossed - 384 - LRB096 09456 RLC 19613 b (C) causes great bodily harm to the victim that:
SB1310 Enrolled - 384 - LRB096 09456 RLC 19613 b (C) causes great bodily harm to the victim that:
or SB1310 Engrossed - 385 - LRB096 09456 RLC 19613 b (B) was life threatening;
or SB1310 Enrolled - 385 - LRB096 09456 RLC 19613 b (B) was life threatening;
(1.1) A person convicted of a violation of subsection (a)(2)(D) (a)(3) commits a Class X felony for which the person shall be sentenced to a term of imprisonment of not SB1310 Engrossed - 386 - LRB096 09456 RLC 19613 b less than 50 years and not more than 60 years.
(1.1) A person convicted of a violation of subsection (a)(2)(D) (a)(3) commits a Class X felony for which the person shall be sentenced to a term of imprisonment of not SB1310 Enrolled - 386 - LRB096 09456 RLC 19613 b less than 50 years and not more than 60 years.
SB1310 Engrossed - 387 - LRB096 09456 RLC 19613 b (a) A person The accused commits criminal sexual abuse if that person he or she:
SB1310 Enrolled - 387 - LRB096 09456 RLC 19613 b (a) A person The accused commits criminal sexual abuse if that person he or she:
For purposes of this Section it is a second or subsequent conviction if the accused has at any time been convicted under this Section or under any similar SB1310 Engrossed - 388 - LRB096 09456 RLC 19613 b statute of this State or any other state for any offense involving sexual abuse or sexual assault that is substantially equivalent to or more serious than the sexual abuse prohibited under this Section.
For purposes of this Section it is a second or subsequent conviction if the accused has at any time been convicted under this Section or under any similar SB1310 Enrolled - 388 - LRB096 09456 RLC 19613 b statute of this State or any other state for any offense involving sexual abuse or sexual assault that is substantially equivalent to or more serious than the sexual abuse prohibited under this Section.
(6) the person commits the criminal sexual abuse during the course of committing or attempting to commit any other SB1310 Engrossed - 389 - LRB096 09456 RLC 19613 b felony;
(6) the person commits the criminal sexual abuse during the course of committing or attempting to commit any other SB1310 Enrolled - 389 - LRB096 09456 RLC 19613 b felony;
or (7) the accused delivered (by injection, inhalation, SB1310 Engrossed - 390 - LRB096 09456 RLC 19613 b ingestion, transfer of possession, or any other means) to the victim without his or her consent, or by threat or deception, and for other than medical purposes, any controlled substance.
or (7) the accused delivered (by injection, inhalation, SB1310 Enrolled - 390 - LRB096 09456 RLC 19613 b ingestion, transfer of possession, or any other means) to the victim without his or her consent, or by threat or deception, and for other than medical purposes, any controlled substance.
(d) A person The accused commits aggravated criminal sexual abuse if that person he or she commits an act of sexual SB1310 Engrossed - 391 - LRB096 09456 RLC 19613 b penetration or sexual conduct with a victim who is was at least 13 years of age but under 17 years of age and the person is accused was at least 5 years older than the victim.
(d) A person The accused commits aggravated criminal sexual abuse if that person he or she commits an act of sexual SB1310 Enrolled - 391 - LRB096 09456 RLC 19613 b penetration or sexual conduct with a victim who is was at least 13 years of age but under 17 years of age and the person is accused was at least 5 years older than the victim.
Lack of verbal or physical SB1310 Engrossed - 392 - LRB096 09456 RLC 19613 b resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent.
Lack of verbal or physical SB1310 Enrolled - 392 - LRB096 09456 RLC 19613 b resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent.
(a) If any person has been convicted of any offense defined in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of this Act, a victim of such offense has a cause of action for damages against any person or entity who, by the manufacture, production, or wholesale distribution of any obscene material which was possessed or viewed by the person convicted of the offense, proximately caused such person, through his or her reading or viewing of the obscene material, to commit the violation of Section SB1310 Engrossed - 393 - LRB096 09456 RLC 19613 b 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16.
(a) If any person has been convicted of any offense defined in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of this Act, a victim of such offense has a cause of action for damages against any person or entity who, by the manufacture, production, or wholesale distribution of any obscene material which was possessed or viewed by the person convicted of the offense, proximately caused such person, through his or her reading or viewing of the obscene material, to commit the violation of Section SB1310 Enrolled - 393 - LRB096 09456 RLC 19613 b 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16.
However, if the victim was under the age of 18 years at the time of the conviction of the defendant for a violation of Section 11-1.20, SB1310 Engrossed - 394 - LRB096 09456 RLC 19613 b 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of this Code, an action under this Section shall be commenced within 3 years after the victim attains the age of 18 years.
However, if the victim was under the age of 18 years at the time of the conviction of the defendant for a violation of Section 11-1.20, SB1310 Enrolled - 394 - LRB096 09456 RLC 19613 b 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of this Code, an action under this Section shall be commenced within 3 years after the victim attains the age of 18 years.
(a) A person of the age of 17 years and upwards commits the offense of indecent solicitation of a child if the person, with the intent that the offense of aggravated criminal sexual SB1310 Engrossed - 395 - LRB096 09456 RLC 19613 b assault, criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse be committed, knowingly solicits a child or one whom he or she believes to be a child to perform an act of sexual penetration or sexual conduct as defined in Section 11-0.1 12-12 of this Code.
(a) A person of the age of 17 years and upwards commits the offense of indecent solicitation of a child if the person, with the intent that the offense of aggravated criminal sexual SB1310 Enrolled - 395 - LRB096 09456 RLC 19613 b assault, criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse be committed, knowingly solicits a child or one whom he or she believes to be a child to perform an act of sexual penetration or sexual conduct as defined in Section 11-0.1 12-12 of this Code.
"Internet" has the meaning set forth in Section 16J-5 of this Code means an interactive computer service or system or an information service, system, or access SB1310 Engrossed - 396 - LRB096 09456 RLC 19613 b software provider that provides or enables computer access by multiple users to a computer server, and includes, but is not limited to, an information service, system, or access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to, a World Wide Web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service.
"Internet" has the meaning set forth in Section 16J-5 of this Code means an interactive computer service or system or an information service, system, or access SB1310 Enrolled - 396 - LRB096 09456 RLC 19613 b software provider that provides or enables computer access by multiple users to a computer server, and includes, but is not limited to, an information service, system, or access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to, a World Wide Web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service.
SB1310 Engrossed - 397 - LRB096 09456 RLC 19613 b (a) A person commits indecent solicitation of an adult if the person knowingly:
SB1310 Enrolled - 397 - LRB096 09456 RLC 19613 b (a) A person commits indecent solicitation of an adult if the person knowingly:
(c) For the purposes of this Section, "arranges" includes but is not limited to oral or written communication and communication by telephone, computer, or other electronic SB1310 Engrossed - 398 - LRB096 09456 RLC 19613 b means.
(c) For the purposes of this Section, "arranges" includes but is not limited to oral or written communication and communication by telephone, computer, or other electronic SB1310 Enrolled - 398 - LRB096 09456 RLC 19613 b means.
"Sex offense" means any violation of Article 11 of this SB1310 Engrossed - 399 - LRB096 09456 RLC 19613 b Code or a violation of Section 12-13, 12-14, 12-14.1, 12-15, 12-16, or 12-16.2 of this Code.
"Sex offense" means any violation of Article 11 of this SB1310 Enrolled - 399 - LRB096 09456 RLC 19613 b Code or a violation of Section 12-13, 12-14, 12-14.1, 12-15, 12-16, or 12-16.2 of this Code.
(3) Sexual exploitation of a child is a Class 4 felony if the victim was under 13 years of age at the time of the SB1310 Engrossed - 400 - LRB096 09456 RLC 19613 b commission of the offense.
(3) Sexual exploitation of a child is a Class 4 felony if the victim was under 13 years of age at the time of the SB1310 Enrolled - 400 - LRB096 09456 RLC 19613 b commission of the offense.
"Sexual abuse" includes criminal sexual abuse or criminal SB1310 Engrossed - 401 - LRB096 09456 RLC 19613 b sexual assault as defined in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of the Criminal Code of 1961.
"Sexual abuse" includes criminal sexual abuse or criminal SB1310 Enrolled - 401 - LRB096 09456 RLC 19613 b sexual assault as defined in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of the Criminal Code of 1961.
(f) A person may not be charged with the offense of SB1310 Engrossed - 402 - LRB096 09456 RLC 19613 b permitting sexual abuse of a child under this Section until the person who committed the offense is charged with criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, or prostitution.
(f) A person may not be charged with the offense of SB1310 Enrolled - 402 - LRB096 09456 RLC 19613 b permitting sexual abuse of a child under this Section until the person who committed the offense is charged with criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, or prostitution.
(1) he or she is an employee of a penal system SB1310 Engrossed - 403 - LRB096 09456 RLC 19613 b and engages in sexual conduct or sexual penetration with a person who is in the custody of that penal system or (2) he or she is an employee of a treatment and detention facility and engages in sexual conduct or sexual penetration with a person who is in the custody of that treatment and detention facility.
(1) he or she is an employee of a penal system SB1310 Enrolled - 403 - LRB096 09456 RLC 19613 b and engages in sexual conduct or sexual penetration with a person who is in the custody of that penal system or (2) he or she is an employee of a treatment and detention facility and engages in sexual conduct or sexual penetration with a person who is in the custody of that treatment and detention facility.
A person is deemed incapable of consent, for purposes of this Section, when he or she is a probationer, parolee, releasee, or inmate in custody of a penal system or person detained or civilly committed under SB1310 Engrossed - 404 - LRB096 09456 RLC 19613 b the Sexually Violent Persons Commitment Act.
A person is deemed incapable of consent, for purposes of this Section, when he or she is a probationer, parolee, releasee, or inmate in custody of a penal system or person detained or civilly committed under SB1310 Enrolled - 404 - LRB096 09456 RLC 19613 b the Sexually Violent Persons Commitment Act.
(2) "Penal system" means any system which includes institutions as defined in Section 2-14 of this Code or a county shelter care or detention home established under Section 1 of the County Shelter Care and Detention Home SB1310 Engrossed - 405 - LRB096 09456 RLC 19613 b Act.
(2) "Penal system" means any system which includes institutions as defined in Section 2-14 of this Code or a county shelter care or detention home established under Section 1 of the County Shelter Care and Detention Home SB1310 Enrolled - 405 - LRB096 09456 RLC 19613 b Act.
(iii) a contractual employee of a "treatment and detention facility" as defined in paragraph (g)(2.1) of this Code or a contractual employee of the SB1310 Engrossed - 406 - LRB096 09456 RLC 19613 b Department of Human Services who provides supervision of persons serving a term of conditional release as defined in paragraph (g)(2.2) of this Code.
(iii) a contractual employee of a "treatment and detention facility" as defined in paragraph (g)(2.1) of this Code or a contractual employee of the SB1310 Enrolled - 406 - LRB096 09456 RLC 19613 b Department of Human Services who provides supervision of persons serving a term of conditional release as defined in paragraph (g)(2.2) of this Code.
(a) It is unlawful for a child sex offender to knowingly be present in any school building, on real property comprising any SB1310 Engrossed - 407 - LRB096 09456 RLC 19613 b school, or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity when persons under the age of 18 are present in the building, on the grounds or in the conveyance, unless the offender is a parent or guardian of a student attending the school and the parent or guardian is:
(a) It is unlawful for a child sex offender to knowingly be present in any school building, on real property comprising any SB1310 Enrolled - 407 - LRB096 09456 RLC 19613 b school, or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity when persons under the age of 18 are present in the building, on the grounds or in the conveyance, unless the offender is a parent or guardian of a student attending the school and the parent or guardian is:
If the sex offender is to be present in the vicinity of children, the sex offender has the duty to remain SB1310 Engrossed - 408 - LRB096 09456 RLC 19613 b under the direct supervision of a school official.
If the sex offender is to be present in the vicinity of children, the sex offender has the duty to remain SB1310 Enrolled - 408 - LRB096 09456 RLC 19613 b under the direct supervision of a school official.
(i) attending a conference at the school with school personnel to discuss the progress of his or her child academically or socially, (ii) participating in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special SB1310 Engrossed - 409 - LRB096 09456 RLC 19613 b education services, or (iii) attending conferences to discuss other student issues concerning his or her child such as retention and promotion and notifies the principal of the school of his or her presence at the school or has permission to be present from the superintendent or the school board or in the case of a private school from the principal.
(i) attending a conference at the school with school personnel to discuss the progress of his or her child academically or socially, (ii) participating in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special SB1310 Enrolled - 409 - LRB096 09456 RLC 19613 b education services, or (iii) attending conferences to discuss other student issues concerning his or her child such as retention and promotion and notifies the principal of the school of his or her presence at the school or has permission to be present from the superintendent or the school board or in the case of a private school from the principal.
SB1310 Engrossed - 410 - LRB096 09456 RLC 19613 b (b-5) It is unlawful for a child sex offender to knowingly reside within 500 feet of a school building or the real property comprising any school that persons under the age of 18 attend.
SB1310 Enrolled - 410 - LRB096 09456 RLC 19613 b (b-5) It is unlawful for a child sex offender to knowingly reside within 500 feet of a school building or the real property comprising any school that persons under the age of 18 attend.
Nothing in this subsection (b-10) prohibits a child sex offender from residing within 500 feet of a day care home or group day care home if the property SB1310 Engrossed - 411 - LRB096 09456 RLC 19613 b is owned by the child sex offender and was purchased before August 14, 2008 (the effective date of Public Act 95-821).
Nothing in this subsection (b-10) prohibits a child sex offender from residing within 500 feet of a day care home or group day care home if the property SB1310 Enrolled - 411 - LRB096 09456 RLC 19613 b is owned by the child sex offender and was purchased before August 14, 2008 (the effective date of Public Act 95-821).
This SB1310 Engrossed - 412 - LRB096 09456 RLC 19613 b does not prohibit a child sex offender from owning the real property upon which the programs or services are offered or upon which the day care center, part day child care facility, child care institution, or school providing before and after school programs for children under 18 years of age is located, provided the child sex offender refrains from being present on the premises for the hours during which:
This SB1310 Enrolled - 412 - LRB096 09456 RLC 19613 b does not prohibit a child sex offender from owning the real property upon which the programs or services are offered or upon which the day care center, part day child care facility, child care institution, or school providing before and after school programs for children under 18 years of age is located, provided the child sex offender refrains from being present on the premises for the hours during which:
(c-7) It is unlawful for a child sex offender to knowingly offer or provide any programs or services to persons under 18 years of age in his or her residence or the residence of another or in any facility for the purpose of offering or SB1310 Engrossed - 413 - LRB096 09456 RLC 19613 b providing such programs or services, whether such programs or services are offered or provided by contract, agreement, arrangement, or on a volunteer basis.
(c-7) It is unlawful for a child sex offender to knowingly offer or provide any programs or services to persons under 18 years of age in his or her residence or the residence of another or in any facility for the purpose of offering or SB1310 Enrolled - 413 - LRB096 09456 RLC 19613 b providing such programs or services, whether such programs or services are offered or provided by contract, agreement, arrangement, or on a volunteer basis.
or SB1310 Engrossed - 414 - LRB096 09456 RLC 19613 b (D) is the subject of a finding not resulting in an acquittal at a hearing conducted pursuant to subsection (a) of Section 104-25 of the Code of Criminal Procedure of 1963 for the alleged commission or attempted commission of such offense;
or SB1310 Enrolled - 414 - LRB096 09456 RLC 19613 b (D) is the subject of a finding not resulting in an acquittal at a hearing conducted pursuant to subsection (a) of Section 104-25 of the Code of Criminal Procedure of 1963 for the alleged commission or attempted commission of such offense;
or SB1310 Engrossed - 415 - LRB096 09456 RLC 19613 b (iii) is subject to the provisions of Section 2 of the Interstate Agreements on Sexually Dangerous Persons Act.
or SB1310 Enrolled - 415 - LRB096 09456 RLC 19613 b (iii) is subject to the provisions of Section 2 of the Interstate Agreements on Sexually Dangerous Persons Act.
10-7 (aiding or abetting child abduction under Section 10-5(b)(10)), 10-5(b)(10) (child luring), 11-1.40 (predatory criminal sexual assault of a child), 11-6 (indecent solicitation of a child), 11-6.5 (indecent solicitation of an adult), 11-9 (public indecency when committed in a school, on the real property comprising a school, or on a conveyance, owned, leased, or contracted by a school to transport students to or from school or a school related activity), 11-9.1 (sexual exploitation of a child), 11-14.4 (promoting juvenile prostitution), 11-15.1 (soliciting for a juvenile prostitute), 11-17.1 (keeping a place of juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-19.1 (juvenile pimping), 11-19.2 SB1310 Engrossed - 416 - LRB096 09456 RLC 19613 b (exploitation of a child), 11-20.1 (child pornography), 11-20.1B 11-20.3 (aggravated child pornography), 11-21 (harmful material), 12-14.1 (predatory criminal sexual assault of a child), 12-33 (ritualized abuse of a child), 11-20 (obscenity) (when that offense was committed in any school, on real property comprising 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 in a public park), 11-30 (public indecency) (when committed in a school, on real property comprising a school, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, or in a public park).
10-7 (aiding or abetting child abduction under Section 10-5(b)(10)), 10-5(b)(10) (child luring), 11-1.40 (predatory criminal sexual assault of a child), 11-6 (indecent solicitation of a child), 11-6.5 (indecent solicitation of an adult), 11-9 (public indecency when committed in a school, on the real property comprising a school, or on a conveyance, owned, leased, or contracted by a school to transport students to or from school or a school related activity), 11-9.1 (sexual exploitation of a child), 11-14.4 (promoting juvenile prostitution), 11-15.1 (soliciting for a juvenile prostitute), 11-17.1 (keeping a place of juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-19.1 (juvenile pimping), 11-19.2 SB1310 Enrolled - 416 - LRB096 09456 RLC 19613 b (exploitation of a child), 11-20.1 (child pornography), 11-20.1B 11-20.3 (aggravated child pornography), 11-21 (harmful material), 12-14.1 (predatory criminal sexual assault of a child), 12-33 (ritualized abuse of a child), 11-20 (obscenity) (when that offense was committed in any school, on real property comprising 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 in a public park), 11-30 (public indecency) (when committed in a school, on real property comprising a school, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, or in a public park).
(iii) A violation of any of the following Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age and the defendant is not a SB1310 Engrossed - 417 - LRB096 09456 RLC 19613 b parent of the victim:
(iii) A violation of any of the following Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age and the defendant is not a SB1310 Enrolled - 417 - LRB096 09456 RLC 19613 b parent of the victim:
10-5(b)(10) (child luring), 10-7 (aiding or abetting child abduction under Section 10-5(b)(10)), 11-1.40 (predatory criminal sexual assault of a child), 11-6 (indecent solicitation of a child), 11-6.5 (indecent solicitation of an adult), 11-14.4 (promoting juvenile prostitution), 11-15.1 (soliciting for a juvenile prostitute), 11-17.1 (keeping a place of juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-19.1 (juvenile pimping), 11-19.2 (exploitation of a child), 11-20.1 (child pornography), 11-20.1B 11-20.3 (aggravated child pornography), 12-14.1 (predatory criminal sexual assault of a child), or 12-33 (ritualized abuse of a SB1310 Engrossed - 418 - LRB096 09456 RLC 19613 b child).
10-5(b)(10) (child luring), 10-7 (aiding or abetting child abduction under Section 10-5(b)(10)), 11-1.40 (predatory criminal sexual assault of a child), 11-6 (indecent solicitation of a child), 11-6.5 (indecent solicitation of an adult), 11-14.4 (promoting juvenile prostitution), 11-15.1 (soliciting for a juvenile prostitute), 11-17.1 (keeping a place of juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-19.1 (juvenile pimping), 11-19.2 (exploitation of a child), 11-20.1 (child pornography), 11-20.1B 11-20.3 (aggravated child pornography), 12-14.1 (predatory criminal sexual assault of a child), or 12-33 (ritualized abuse of a SB1310 Enrolled - 418 - LRB096 09456 RLC 19613 b child).
A finding or adjudication SB1310 Engrossed - 419 - LRB096 09456 RLC 19613 b as a sexually dangerous person under any federal law or law of another state that is substantially equivalent to the Sexually Dangerous Persons Act shall constitute an adjudication for the purposes of this Section.
A finding or adjudication SB1310 Enrolled - 419 - LRB096 09456 RLC 19613 b as a sexually dangerous person under any federal law or law of another state that is substantially equivalent to the Sexually Dangerous Persons Act shall constitute an adjudication for the purposes of this Section.
(i) Standing, sitting idly, whether or not the SB1310 Engrossed - 420 - LRB096 09456 RLC 19613 b person is in a vehicle, or remaining in or around school or public park property.
(i) Standing, sitting idly, whether or not the SB1310 Enrolled - 420 - LRB096 09456 RLC 19613 b person is in a vehicle, or remaining in or around school or public park property.
(1) the edge of the property SB1310 Engrossed - 421 - LRB096 09456 RLC 19613 b of the school building or the real property comprising the school that is closest to the edge of the property of the child sex offender's residence or where he or she is loitering, and (2) the edge of the property comprising the public park building or the real property comprising the public park, playground, child care institution, day care center, part day child care facility, or facility providing programs or services exclusively directed toward persons under 18 years of age, or a victim of the sex offense who is under 21 years of age, to the edge of the child sex offender's place of residence or place where he or she is loitering.
(1) the edge of the property SB1310 Enrolled - 421 - LRB096 09456 RLC 19613 b of the school building or the real property comprising the school that is closest to the edge of the property of the child sex offender's residence or where he or she is loitering, and (2) the edge of the property comprising the public park building or the real property comprising the public park, playground, child care institution, day care center, part day child care facility, or facility providing programs or services exclusively directed toward persons under 18 years of age, or a victim of the sex offense who is under 21 years of age, to the edge of the child sex offender's place of residence or place where he or she is loitering.
or (ii) a person diagnosed with a mental illness as SB1310 Engrossed - 422 - LRB096 09456 RLC 19613 b defined in Section 1-129 of the Mental Health and Developmental Disabilities Code.
or (ii) a person diagnosed with a mental illness as SB1310 Enrolled - 422 - LRB096 09456 RLC 19613 b defined in Section 1-129 of the Mental Health and Developmental Disabilities Code.
or (iii) any person who is a contractual employee or contractual agent of the Department of Human Services SB1310 Engrossed - 423 - LRB096 09456 RLC 19613 b or the community agency.
or (iii) any person who is a contractual employee or contractual agent of the Department of Human Services SB1310 Enrolled - 423 - LRB096 09456 RLC 19613 b or the community agency.
A person is deemed incapable of consent, for purposes of this Section, when he or she is a person with a disability and is receiving services at a State-operated facility or is a person with a disability who is SB1310 Engrossed - 424 - LRB096 09456 RLC 19613 b in a residential program operated or supervised by a community agency.
A person is deemed incapable of consent, for purposes of this Section, when he or she is a person with a disability and is receiving services at a State-operated facility or is a person with a disability who is SB1310 Enrolled - 424 - LRB096 09456 RLC 19613 b in a residential program operated or supervised by a community agency.
SB1310 Engrossed - 425 - LRB096 09456 RLC 19613 b (1) Commits an act of sexual penetration as defined in Section 11-0.1 12-12 of this Code;
SB1310 Enrolled - 425 - LRB096 09456 RLC 19613 b (1) Commits an act of sexual penetration as defined in Section 11-0.1 12-12 of this Code;
SB1310 Engrossed - 426 - LRB096 09456 RLC 19613 b (a) Any person who knowingly performs, offers or agrees to perform any act of sexual penetration as defined in Section 11-0.1 12-12 of this Code for any money, property, token, object, or article or anything of value, or any touching or fondling of the sex organs of one person by another person, for any money, property, token, object, or article or anything of value, for the purpose of sexual arousal or gratification commits an act of prostitution.
SB1310 Enrolled - 426 - LRB096 09456 RLC 19613 b (a) Any person who knowingly performs, offers or agrees to perform any act of sexual penetration as defined in Section 11-0.1 12-12 of this Code for any money, property, token, object, or article or anything of value, or any touching or fondling of the sex organs of one person by another person, for any money, property, token, object, or article or anything of value, for the purpose of sexual arousal or gratification commits an act of prostitution.
A person convicted of a second or subsequent violation of this Section, or of any combination of such number of convictions under this Section and Sections SB1310 Engrossed - 427 - LRB096 09456 RLC 19613 b 11-14.1, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, or 11-19.2 of this Code is guilty of a Class 4 felony.
A person convicted of a second or subsequent violation of this Section, or of any combination of such number of convictions under this Section and Sections SB1310 Enrolled - 427 - LRB096 09456 RLC 19613 b 11-14.1, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, or 11-19.2 of this Code is guilty of a Class 4 felony.
(i) not violate any criminal statute of any SB1310 Engrossed - 428 - LRB096 09456 RLC 19613 b jurisdiction;
(i) not violate any criminal statute of any SB1310 Enrolled - 428 - LRB096 09456 RLC 19613 b jurisdiction;
(G) refrain from having in his or her body the SB1310 Engrossed - 429 - LRB096 09456 RLC 19613 b 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.
(G) refrain from having in his or her body the SB1310 Enrolled - 429 - LRB096 09456 RLC 19613 b 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.
SB1310 Engrossed - 430 - LRB096 09456 RLC 19613 b (d) Notwithstanding the foregoing, if it is determined, after a reasonable detention for investigative purposes, that a person suspected of or charged with a violation of this Section is a person under the age of 18, that person shall be immune from prosecution for a prostitution offense under this Section, and shall be subject to the temporary protective custody provisions of Sections 2-5 and 2-6 of the Juvenile Court Act of 1987.
SB1310 Enrolled - 430 - LRB096 09456 RLC 19613 b (d) Notwithstanding the foregoing, if it is determined, after a reasonable detention for investigative purposes, that a person suspected of or charged with a violation of this Section is a person under the age of 18, that person shall be immune from prosecution for a prostitution offense under this Section, and shall be subject to the temporary protective custody provisions of Sections 2-5 and 2-6 of the Juvenile Court Act of 1987.
(a) Any person who offers a person not his or her spouse any money, property, token, object, or article or anything of value for that person or any other person not his or her spouse to perform any act of sexual penetration as defined in Section 11-0.1 12-12 of this Code, or any touching or fondling of the sex organs of one person by another person for the purpose of SB1310 Engrossed - 431 - LRB096 09456 RLC 19613 b sexual arousal or gratification, commits the offense of solicitation of a sexual act.
(a) Any person who offers a person not his or her spouse any money, property, token, object, or article or anything of value for that person or any other person not his or her spouse to perform any act of sexual penetration as defined in Section 11-0.1 12-12 of this Code, or any touching or fondling of the sex organs of one person by another person for the purpose of SB1310 Enrolled - 431 - LRB096 09456 RLC 19613 b sexual arousal or gratification, commits the offense of solicitation of a sexual act.
or (C) any means other than those described in SB1310 Engrossed - 432 - LRB096 09456 RLC 19613 b subparagraph (A) or (B), including from a person who patronizes a prostitute.
or (C) any means other than those described in SB1310 Enrolled - 432 - LRB096 09456 RLC 19613 b subparagraph (A) or (B), including from a person who patronizes a prostitute.
(2) A violation of subdivision (a)(2)(A) or (a)(2)(B) is a Class 4 felony, unless committed within 1,000 feet of SB1310 Engrossed - 433 - LRB096 09456 RLC 19613 b real property comprising a school, in which case it is a Class 3 felony.
(2) A violation of subdivision (a)(2)(A) or (a)(2)(B) is a Class 4 felony, unless committed within 1,000 feet of SB1310 Enrolled - 433 - LRB096 09456 RLC 19613 b real property comprising a school, in which case it is a Class 3 felony.
(1) advances prostitution as defined in Section 11-0.1, where the minor engaged in prostitution, or any SB1310 Engrossed - 434 - LRB096 09456 RLC 19613 b person engaged in prostitution in the place, is under 18 years of age or is severely or profoundly mentally retarded at the time of the offense;
(1) advances prostitution as defined in Section 11-0.1, where the minor engaged in prostitution, or any SB1310 Enrolled - 434 - LRB096 09456 RLC 19613 b person engaged in prostitution in the place, is under 18 years of age or is severely or profoundly mentally retarded at the time of the offense;
or (C) profits from prostitution by the child or SB1310 Engrossed - 435 - LRB096 09456 RLC 19613 b severely or profoundly mentally retarded person.
or (C) profits from prostitution by the child or SB1310 Enrolled - 435 - LRB096 09456 RLC 19613 b severely or profoundly mentally retarded person.
A second or subsequent violation of subdivision (a)(1), (a)(2), or (a)(3), or any combination of convictions under subdivision (a)(1), (a)(2), or (a)(3) and Sections 11-14 (prostitution), 11-14.1 SB1310 Engrossed - 436 - LRB096 09456 RLC 19613 b (solicitation of a sexual act), 11-14.3 (promoting prostitution), 11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a juvenile prostitute), 11-16 (pandering), 11-17 (keeping a place of prostitution), 11-17.1 (keeping a place of juvenile prostitution), 11-18 (patronizing a prostitute), 11-18.1 (patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1 (juvenile pimping or aggravated juvenile pimping), or 11-19.2 (exploitation of a child) of this Code, is a Class X felony.
A second or subsequent violation of subdivision (a)(1), (a)(2), or (a)(3), or any combination of convictions under subdivision (a)(1), (a)(2), or (a)(3) and Sections 11-14 (prostitution), 11-14.1 SB1310 Enrolled - 436 - LRB096 09456 RLC 19613 b (solicitation of a sexual act), 11-14.3 (promoting prostitution), 11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a juvenile prostitute), 11-16 (pandering), 11-17 (keeping a place of prostitution), 11-17.1 (keeping a place of juvenile prostitution), 11-18 (patronizing a prostitute), 11-18.1 (patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1 (juvenile pimping or aggravated juvenile pimping), or 11-19.2 (exploitation of a child) of this Code, is a Class X felony.
SB1310 Engrossed - 437 - LRB096 09456 RLC 19613 b (a) Any person who knowingly performs any of the following acts with a person not his or her spouse commits the offense of patronizing a prostitute:
SB1310 Enrolled - 437 - LRB096 09456 RLC 19613 b (a) Any person who knowingly performs any of the following acts with a person not his or her spouse commits the offense of patronizing a prostitute:
A person convicted of a second or subsequent violation of this Section, or of any combination of such number of convictions under this Section and Sections 11-14 (prostitution), 11-14.1 (solicitation of a sexual act), 11-14.3 (promoting prostitution), 11-14.4 (promoting juvenile prostitution), 11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a juvenile prostitute), 11-16 (pandering), 11-17 (keeping a place of prostitution), 11-17.1 (keeping a place of juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1 (juvenile pimping or aggravated SB1310 Engrossed - 438 - LRB096 09456 RLC 19613 b juvenile pimping), or 11-19.2 (exploitation of a child) of this Code, is guilty of a Class 3 felony.
A person convicted of a second or subsequent violation of this Section, or of any combination of such number of convictions under this Section and Sections 11-14 (prostitution), 11-14.1 (solicitation of a sexual act), 11-14.3 (promoting prostitution), 11-14.4 (promoting juvenile prostitution), 11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a juvenile prostitute), 11-16 (pandering), 11-17 (keeping a place of prostitution), 11-17.1 (keeping a place of juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1 (juvenile pimping or aggravated SB1310 Enrolled - 438 - LRB096 09456 RLC 19613 b juvenile pimping), or 11-19.2 (exploitation of a child) of this Code, is guilty of a Class 3 felony.
(b) It is an affirmative defense to the charge of patronizing a minor engaged in prostitution that the accused reasonably believed that the person was of the age of 18 years SB1310 Engrossed - 439 - LRB096 09456 RLC 19613 b or over or was not a severely or profoundly mentally retarded person at the time of the act giving rise to the charge.
(b) It is an affirmative defense to the charge of patronizing a minor engaged in prostitution that the accused reasonably believed that the person was of the age of 18 years SB1310 Enrolled - 439 - LRB096 09456 RLC 19613 b or over or was not a severely or profoundly mentally retarded person at the time of the act giving rise to the charge.
20 heading new) SB1310 Engrossed - 440 - LRB096 09456 RLC 19613 b SUBDIVISION 20.
20 heading new) SB1310 Enrolled - 440 - LRB096 09456 RLC 19613 b SUBDIVISION 20.
SB1310 Engrossed - 441 - LRB096 09456 RLC 19613 b (b) Obscene Defined.
SB1310 Enrolled - 441 - LRB096 09456 RLC 19613 b (b) Obscene Defined.
SB1310 Engrossed - 442 - LRB096 09456 RLC 19613 b In any prosecution for an offense under this Section evidence shall be admissible to show:
SB1310 Enrolled - 442 - LRB096 09456 RLC 19613 b In any prosecution for an offense under this Section evidence shall be admissible to show:
SB1310 Engrossed - 443 - LRB096 09456 RLC 19613 b (f) Affirmative Defenses.
SB1310 Enrolled - 443 - LRB096 09456 RLC 19613 b (f) Affirmative Defenses.
(i) actually or by simulation engaged in any act of SB1310 Engrossed - 444 - LRB096 09456 RLC 19613 b sexual penetration or sexual conduct with any person or animal;
(i) actually or by simulation engaged in any act of SB1310 Enrolled - 444 - LRB096 09456 RLC 19613 b sexual penetration or sexual conduct with any person or animal;
or (vii) depicted or portrayed in any pose, posture or setting involving a lewd exhibition of the unclothed or transparently clothed genitals, pubic area, buttocks, or, if such person is female, a fully or partially SB1310 Engrossed - 445 - LRB096 09456 RLC 19613 b developed breast of the child or other person;
or (vii) depicted or portrayed in any pose, posture or setting involving a lewd exhibition of the unclothed or transparently clothed genitals, pubic area, buttocks, or, if such person is female, a fully or partially SB1310 Enrolled - 445 - LRB096 09456 RLC 19613 b developed breast of the child or other person;
or (4) solicits, uses, persuades, induces, entices, or coerces any child whom he or she knows or reasonably should know to be under the age of 18 and at least 13 years of age or a severely or profoundly mentally retarded person to appear in any stage play, live presentation, film, SB1310 Engrossed - 446 - LRB096 09456 RLC 19613 b videotape, photograph or other similar visual reproduction or depiction by computer in which the child or severely or profoundly mentally retarded person is or will be depicted, actually or by simulation, in any act, pose or setting described in subparagraphs (i) through (vii) of paragraph (1) of this subsection;
or (4) solicits, uses, persuades, induces, entices, or coerces any child whom he or she knows or reasonably should know to be under the age of 18 and at least 13 years of age or a severely or profoundly mentally retarded person to appear in any stage play, live presentation, film, SB1310 Enrolled - 446 - LRB096 09456 RLC 19613 b videotape, photograph or other similar visual reproduction or depiction by computer in which the child or severely or profoundly mentally retarded person is or will be depicted, actually or by simulation, in any act, pose or setting described in subparagraphs (i) through (vii) of paragraph (1) of this subsection;
or (6) with knowledge of the nature or content thereof, possesses any film, videotape, photograph or other similar visual reproduction or depiction by computer of any child or severely or profoundly mentally retarded person whom the person knows or reasonably should know to be under the age of 18 and at least 13 years of age or to be a severely or profoundly mentally retarded person, engaged in any activity described in subparagraphs (i) through (vii) of SB1310 Engrossed - 447 - LRB096 09456 RLC 19613 b paragraph (1) of this subsection;
or (6) with knowledge of the nature or content thereof, possesses any film, videotape, photograph or other similar visual reproduction or depiction by computer of any child or severely or profoundly mentally retarded person whom the person knows or reasonably should know to be under the age of 18 and at least 13 years of age or to be a severely or profoundly mentally retarded person, engaged in any activity described in subparagraphs (i) through (vii) of SB1310 Enrolled - 447 - LRB096 09456 RLC 19613 b paragraph (1) of this subsection;
(3) The charge of child pornography shall not apply to SB1310 Engrossed - 448 - LRB096 09456 RLC 19613 b the performance of official duties by law enforcement or prosecuting officers or persons employed by law enforcement or prosecuting agencies, court personnel or attorneys, nor to bonafide treatment or professional education programs conducted by licensed physicians, psychologists or social workers.
(3) The charge of child pornography shall not apply to SB1310 Enrolled - 448 - LRB096 09456 RLC 19613 b the performance of official duties by law enforcement or prosecuting officers or persons employed by law enforcement or prosecuting agencies, court personnel or attorneys, nor to bonafide treatment or professional education programs conducted by licensed physicians, psychologists or social workers.
SB1310 Engrossed - 449 - LRB096 09456 RLC 19613 b (c) Violation of paragraph (1), (4), (5), or (7) of subsection (a) is a Class 1 felony with a mandatory minimum fine of $2,000 and a maximum fine of $100,000.
SB1310 Enrolled - 449 - LRB096 09456 RLC 19613 b (c) Violation of paragraph (1), (4), (5), or (7) of subsection (a) is a Class 1 felony with a mandatory minimum fine of $2,000 and a maximum fine of $100,000.
(e) Any film, videotape, photograph or other similar visual reproduction or depiction by computer which includes a child under the age of 18 and at least 13 years of age or a severely or profoundly mentally retarded person engaged in any activity described in subparagraphs (i) through (vii) or paragraph 1 of subsection (a), and any material or equipment used or intended for use in photographing, filming, printing, producing, reproducing, manufacturing, projecting, exhibiting, depiction by computer, or disseminating such material shall be seized and forfeited in the manner, method and procedure provided by Section 36-1 of this Code for the seizure and forfeiture of SB1310 Engrossed - 450 - LRB096 09456 RLC 19613 b vessels, vehicles and aircraft.
(e) Any film, videotape, photograph or other similar visual reproduction or depiction by computer which includes a child under the age of 18 and at least 13 years of age or a severely or profoundly mentally retarded person engaged in any activity described in subparagraphs (i) through (vii) or paragraph 1 of subsection (a), and any material or equipment used or intended for use in photographing, filming, printing, producing, reproducing, manufacturing, projecting, exhibiting, depiction by computer, or disseminating such material shall be seized and forfeited in the manner, method and procedure provided by Section 36-1 of this Code for the seizure and forfeiture of SB1310 Enrolled - 450 - LRB096 09456 RLC 19613 b vessels, vehicles and aircraft.
SB1310 Engrossed - 451 - LRB096 09456 RLC 19613 b (4) "Depict by computer" means to generate or create, or cause to be created or generated, a computer program or data that, after being processed by a computer either alone or in conjunction with one or more computer programs, results in a visual depiction on a computer monitor, screen, or display.
SB1310 Enrolled - 451 - LRB096 09456 RLC 19613 b (4) "Depict by computer" means to generate or create, or cause to be created or generated, a computer program or data that, after being processed by a computer either alone or in conjunction with one or more computer programs, results in a visual depiction on a computer monitor, screen, or display.
"Child pornography" also includes a film, videotape, photograph, or other similar visual medium or reproduction or depiction by SB1310 Engrossed - 452 - LRB096 09456 RLC 19613 b computer that is advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the film, videotape, photograph, or other similar visual medium or reproduction or depiction by computer is of a person under the age of 18 and at least 13 years of age or a severely or profoundly mentally retarded person.
"Child pornography" also includes a film, videotape, photograph, or other similar visual medium or reproduction or depiction by SB1310 Enrolled - 452 - LRB096 09456 RLC 19613 b computer that is advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the film, videotape, photograph, or other similar visual medium or reproduction or depiction by computer is of a person under the age of 18 and at least 13 years of age or a severely or profoundly mentally retarded person.
(D) Article 25 was entitled DRUG ABUSE and amended the Cannabis Control Act and the Illinois Controlled SB1310 Engrossed - 453 - LRB096 09456 RLC 19613 b Substances Act.
(D) Article 25 was entitled DRUG ABUSE and amended the Cannabis Control Act and the Illinois Controlled SB1310 Enrolled - 453 - LRB096 09456 RLC 19613 b Substances Act.
(iv) Child pornography is a vital concern to the SB1310 Engrossed - 454 - LRB096 09456 RLC 19613 b people of this State and the validity of future prosecutions under the child pornography statute of the Criminal Code of 1961 is in grave doubt.
(iv) Child pornography is a vital concern to the SB1310 Enrolled - 454 - LRB096 09456 RLC 19613 b people of this State and the validity of future prosecutions under the child pornography statute of the Criminal Code of 1961 is in grave doubt.
SB1310 Engrossed - 455 - LRB096 09456 RLC 19613 b (Source:
SB1310 Enrolled - 455 - LRB096 09456 RLC 19613 b (Source:
or (iv) actually or by simulation portrayed as being the object of, or otherwise engaged in, any act of lewd fondling, touching, or caressing involving another SB1310 Engrossed - 456 - LRB096 09456 RLC 19613 b person or animal;
or (iv) actually or by simulation portrayed as being the object of, or otherwise engaged in, any act of lewd fondling, touching, or caressing involving another SB1310 Enrolled - 456 - LRB096 09456 RLC 19613 b person or animal;
or (3) with knowledge of the subject matter or theme thereof, produces any stage play, live performance, film, videotape or other similar visual portrayal or depiction by computer which includes a child whom the person knows or reasonably should know to be under the age of 13 engaged in any activity described in subparagraphs (i) through (vii) SB1310 Engrossed - 457 - LRB096 09456 RLC 19613 b of paragraph (1) of this subsection;
or (3) with knowledge of the subject matter or theme thereof, produces any stage play, live performance, film, videotape or other similar visual portrayal or depiction by computer which includes a child whom the person knows or reasonably should know to be under the age of 13 engaged in any activity described in subparagraphs (i) through (vii) SB1310 Enrolled - 457 - LRB096 09456 RLC 19613 b of paragraph (1) of this subsection;
or (6) with knowledge of the nature or content thereof, possesses any film, videotape, photograph or other similar visual reproduction or depiction by computer of any child whom the person knows or reasonably should know to be under the age of 13 engaged in any activity described in subparagraphs (i) through (vii) of paragraph (1) of this SB1310 Engrossed - 458 - LRB096 09456 RLC 19613 b subsection;
or (6) with knowledge of the nature or content thereof, possesses any film, videotape, photograph or other similar visual reproduction or depiction by computer of any child whom the person knows or reasonably should know to be under the age of 13 engaged in any activity described in subparagraphs (i) through (vii) of paragraph (1) of this SB1310 Enrolled - 458 - LRB096 09456 RLC 19613 b subsection;
(3) If the defendant possessed more than 3 of the same SB1310 Engrossed - 459 - LRB096 09456 RLC 19613 b film, videotape or visual reproduction or depiction by computer in which aggravated child pornography is depicted, then the trier of fact may infer that the defendant possessed such materials with the intent to disseminate them.
(3) If the defendant possessed more than 3 of the same SB1310 Enrolled - 459 - LRB096 09456 RLC 19613 b film, videotape or visual reproduction or depiction by computer in which aggravated child pornography is depicted, then the trier of fact may infer that the defendant possessed such materials with the intent to disseminate them.
(3) A person who commits a violation of paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) where the defendant has SB1310 Engrossed - 460 - LRB096 09456 RLC 19613 b previously been convicted under the laws of this State or any other state of the offense of child pornography, aggravated child pornography, aggravated criminal sexual abuse, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or any of the offenses formerly known as rape, deviate sexual assault, indecent liberties with a child, or aggravated indecent liberties with a child where the victim was under the age of 18 years or an offense that is substantially equivalent to those offenses, is guilty of a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 9 years with a mandatory minimum fine of $2,000 and a maximum fine of $100,000.
(3) A person who commits a violation of paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) where the defendant has SB1310 Enrolled - 460 - LRB096 09456 RLC 19613 b previously been convicted under the laws of this State or any other state of the offense of child pornography, aggravated child pornography, aggravated criminal sexual abuse, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or any of the offenses formerly known as rape, deviate sexual assault, indecent liberties with a child, or aggravated indecent liberties with a child where the victim was under the age of 18 years or an offense that is substantially equivalent to those offenses, is guilty of a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 9 years with a mandatory minimum fine of $2,000 and a maximum fine of $100,000.
(d) If a person is convicted of a second or subsequent violation of this Section within 10 years of a prior SB1310 Engrossed - 461 - LRB096 09456 RLC 19613 b conviction, the court shall order a presentence psychiatric examination of the person.
(d) If a person is convicted of a second or subsequent violation of this Section within 10 years of a prior SB1310 Enrolled - 461 - LRB096 09456 RLC 19613 b conviction, the court shall order a presentence psychiatric examination of the person.
Any person SB1310 Engrossed - 462 - LRB096 09456 RLC 19613 b entitled to notice of a hearing under this subsection (e-5) may object to the motion.
Any person SB1310 Enrolled - 462 - LRB096 09456 RLC 19613 b entitled to notice of a hearing under this subsection (e-5) may object to the motion.
(6) "Computer", "computer program", and "data" have the meanings ascribed to them in Section 16D-2 of this SB1310 Engrossed - 463 - LRB096 09456 RLC 19613 b Code.
(6) "Computer", "computer program", and "data" have the meanings ascribed to them in Section 16D-2 of this SB1310 Enrolled - 463 - LRB096 09456 RLC 19613 b Code.
(a) Any commercial film and photographic print processor or computer technician who has knowledge of or observes, within the scope of his professional capacity or employment, any film, photograph, videotape, negative, slide, computer hard drive or SB1310 Engrossed - 464 - LRB096 09456 RLC 19613 b any other magnetic or optical media which depicts a child whom the processor or computer technician knows or reasonably should know to be under the age of 18 where such child is:
(a) Any commercial film and photographic print processor or computer technician who has knowledge of or observes, within the scope of his professional capacity or employment, any film, photograph, videotape, negative, slide, computer hard drive or SB1310 Enrolled - 464 - LRB096 09456 RLC 19613 b any other magnetic or optical media which depicts a child whom the processor or computer technician knows or reasonably should know to be under the age of 18 where such child is:
or (vii) depicted or portrayed in any pose, posture or setting involving a lewd exhibition of the unclothed or transparently clothed genitals, pubic area, buttocks, or, SB1310 Engrossed - 465 - LRB096 09456 RLC 19613 b if such person is female, a fully or partially developed breast of the child or other person;
or (vii) depicted or portrayed in any pose, posture or setting involving a lewd exhibition of the unclothed or transparently clothed genitals, pubic area, buttocks, or, SB1310 Enrolled - 465 - LRB096 09456 RLC 19613 b if such person is female, a fully or partially developed breast of the child or other person;
13032, the SB1310 Engrossed - 466 - LRB096 09456 RLC 19613 b requirements of this Act will be deemed to have been met.
13032, the SB1310 Enrolled - 466 - LRB096 09456 RLC 19613 b requirements of this Act will be deemed to have been met.
"Harmful to minors" means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, when, taken as a whole, it (i) predominately appeals to the prurient interest in sex of minors, (ii) is patently offensive to prevailing standards in the adult community in the State as a whole with respect SB1310 Engrossed - 467 - LRB096 09456 RLC 19613 b to what is suitable material for minors, and (iii) lacks serious literary, artistic, political, or scientific value for minors.
"Harmful to minors" means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, when, taken as a whole, it (i) predominately appeals to the prurient interest in sex of minors, (ii) is patently offensive to prevailing standards in the adult community in the State as a whole with respect SB1310 Enrolled - 467 - LRB096 09456 RLC 19613 b to what is suitable material for minors, and (iii) lacks serious literary, artistic, political, or scientific value for minors.
"Sexual conduct" means acts of masturbation, sexual SB1310 Engrossed - 468 - LRB096 09456 RLC 19613 b intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast.
"Sexual conduct" means acts of masturbation, sexual SB1310 Enrolled - 468 - LRB096 09456 RLC 19613 b intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast.
or (2) admits a minor to premises where there is exhibited or to be exhibited such a motion picture, show, or other SB1310 Engrossed - 469 - LRB096 09456 RLC 19613 b presentation, knowing that the minor is a person under the age of 18 or failing to exercise reasonable care in ascertaining the person's true age.
or (2) admits a minor to premises where there is exhibited or to be exhibited such a motion picture, show, or other SB1310 Enrolled - 469 - LRB096 09456 RLC 19613 b presentation, knowing that the minor is a person under the age of 18 or failing to exercise reasonable care in ascertaining the person's true age.
or (5) that an advertisement of harmful material as defined in this Section culminated in the sale or distribution of such harmful material to a child under circumstances where there was no personal confrontation of the child by the defendant, his or her employees, or SB1310 Engrossed - 470 - LRB096 09456 RLC 19613 b agents, as where the order or request for such harmful material was transmitted by mail, telephone, Internet or similar means of communication, and delivery of such harmful material to the child was by mail, freight, Internet or similar means of transport, which advertisement contained the following statement, or a substantially similar statement, and that the defendant required the purchaser to certify that he or she was not under the age of 18 and that the purchaser falsely stated that he or she was not under the age of 18:
or (5) that an advertisement of harmful material as defined in this Section culminated in the sale or distribution of such harmful material to a child under circumstances where there was no personal confrontation of the child by the defendant, his or her employees, or SB1310 Enrolled - 470 - LRB096 09456 RLC 19613 b agents, as where the order or request for such harmful material was transmitted by mail, telephone, Internet or similar means of communication, and delivery of such harmful material to the child was by mail, freight, Internet or similar means of transport, which advertisement contained the following statement, or a substantially similar statement, and that the defendant required the purchaser to certify that he or she was not under the age of 18 and that the purchaser falsely stated that he or she was not under the age of 18:
(e) Distribution of harmful material in violation of this SB1310 Engrossed - 471 - LRB096 09456 RLC 19613 b Section is a Class A misdemeanor.
(e) Distribution of harmful material in violation of this SB1310 Enrolled - 471 - LRB096 09456 RLC 19613 b Section is a Class A misdemeanor.
(h) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other SB1310 Engrossed - 472 - LRB096 09456 RLC 19613 b related telecommunications, commercial mobile services, or information services used by others in violation of this Section.
(h) Telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this Section, except for willful and wanton misconduct, by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other SB1310 Enrolled - 472 - LRB096 09456 RLC 19613 b related telecommunications, commercial mobile services, or information services used by others in violation of this Section.
This provision applies even if the person under 18 years of age is fully or properly clothed in the photograph, video, or SB1310 Engrossed - 473 - LRB096 09456 RLC 19613 b digital image.
This provision applies even if the person under 18 years of age is fully or properly clothed in the photograph, video, or SB1310 Enrolled - 473 - LRB096 09456 RLC 19613 b digital image.
(1) "Adult obscenity or child pornography Internet site" means a site on the Internet that contains material that is obscene as defined in Section 11-20 of this Code or that is child pornography as defined in Section 11-20.1 of SB1310 Engrossed - 474 - LRB096 09456 RLC 19613 b this Code.
(1) "Adult obscenity or child pornography Internet site" means a site on the Internet that contains material that is obscene as defined in Section 11-20 of this Code or that is child pornography as defined in Section 11-20.1 of SB1310 Enrolled - 474 - LRB096 09456 RLC 19613 b this Code.
A person who violates this Section at a playground, park facility, school, forest preserve, day care facility, or SB1310 Engrossed - 475 - LRB096 09456 RLC 19613 b at a facility providing programs or services directed to persons under 17 years of age is guilty of a Class 1 felony.
A person who violates this Section at a playground, park facility, school, forest preserve, day care facility, or SB1310 Enrolled - 475 - LRB096 09456 RLC 19613 b at a facility providing programs or services directed to persons under 17 years of age is guilty of a Class 1 felony.
Public indecency is a Class 4 felony if committed by a person 18 years of age or SB1310 Engrossed - 476 - LRB096 09456 RLC 19613 b older who is on or within 500 feet of elementary or secondary school grounds when children are present on the grounds.
Public indecency is a Class 4 felony if committed by a person 18 years of age or SB1310 Enrolled - 476 - LRB096 09456 RLC 19613 b older who is on or within 500 feet of elementary or secondary school grounds when children are present on the grounds.
Fornication.) (a) A Any person commits fornication when he or she knowingly who has sexual intercourse with another not SB1310 Engrossed - 477 - LRB096 09456 RLC 19613 b his or her spouse commits fornication if the behavior is open and notorious.
Fornication.) (a) A Any person commits fornication when he or she knowingly who has sexual intercourse with another not SB1310 Enrolled - 477 - LRB096 09456 RLC 19613 b his or her spouse commits fornication if the behavior is open and notorious.
or (2) The accused reasonably believed the prior spouse to SB1310 Engrossed - 478 - LRB096 09456 RLC 19613 b be dead;
or (2) The accused reasonably believed the prior spouse to SB1310 Enrolled - 478 - LRB096 09456 RLC 19613 b be dead;
SB1310 Engrossed - 479 - LRB096 09456 RLC 19613 b (b) $500 of the fee shall be distributed to the unit of government whose peace officers made the arrest, for the costs incurred by the unit of government to tow and impound the vehicle.
SB1310 Enrolled - 479 - LRB096 09456 RLC 19613 b (b) $500 of the fee shall be distributed to the unit of government whose peace officers made the arrest, for the costs incurred by the unit of government to tow and impound the vehicle.
(720 ILCS 5/11-9.4 rep.) (720 ILCS 5/11-13 rep.) (720 ILCS 5/11-14.2 rep.) SB1310 Engrossed - 480 - LRB096 09456 RLC 19613 b (720 ILCS 5/11-15 rep.) (720 ILCS 5/11-15.1 rep.) (720 ILCS 5/11-16 rep.) (720 ILCS 5/11-17 rep.) (720 ILCS 5/11-17.1 rep.) (720 ILCS 5/11-19 rep.) (720 ILCS 5/11-19.1 rep.) (720 ILCS 5/11-19.2 rep.) (720 ILCS 5/11-19.3 rep.) (720 ILCS 5/12-12 rep.) Section 6.
(720 ILCS 5/11-9.4 rep.) (720 ILCS 5/11-13 rep.) (720 ILCS 5/11-14.2 rep.) SB1310 Enrolled - 480 - LRB096 09456 RLC 19613 b (720 ILCS 5/11-15 rep.) (720 ILCS 5/11-15.1 rep.) (720 ILCS 5/11-16 rep.) (720 ILCS 5/11-17 rep.) (720 ILCS 5/11-17.1 rep.) (720 ILCS 5/11-19 rep.) (720 ILCS 5/11-19.1 rep.) (720 ILCS 5/11-19.2 rep.) (720 ILCS 5/11-19.3 rep.) (720 ILCS 5/12-12 rep.) Section 6.
Tests shall SB1310 Engrossed - 481 - LRB096 09456 RLC 19613 b be designed to eliminate those who are not qualified for entrance into the Office of the Secretary of State and to discover the relative fitness of those who are qualified.
Tests shall SB1310 Enrolled - 481 - LRB096 09456 RLC 19613 b be designed to eliminate those who are not qualified for entrance into the Office of the Secretary of State and to discover the relative fitness of those who are qualified.
The Director may, at his discretion, accept the results of SB1310 Engrossed - 482 - LRB096 09456 RLC 19613 b competitive examinations conducted by any merit system established by Federal law or by the law of any State, and may compile eligible lists therefrom or may add the names of successful candidates in examinations conducted by those merit systems to existing eligible lists in accordance with their respective ratings.
The Director may, at his discretion, accept the results of SB1310 Enrolled - 482 - LRB096 09456 RLC 19613 b competitive examinations conducted by any merit system established by Federal law or by the law of any State, and may compile eligible lists therefrom or may add the names of successful candidates in examinations conducted by those merit systems to existing eligible lists in accordance with their respective ratings.
The investigation shall be SB1310 Engrossed - 483 - LRB096 09456 RLC 19613 b undertaken after the fingerprinting of an applicant in the form and manner prescribed by the Department of State Police.
The investigation shall be SB1310 Enrolled - 483 - LRB096 09456 RLC 19613 b undertaken after the fingerprinting of an applicant in the form and manner prescribed by the Department of State Police.
The information derived from this investigation, including the source of this information, and any conclusions or recommendations derived from this information by the Director of Personnel shall be provided to the applicant or prospective employee, or his designee, upon request to the Director of Personnel prior to any final action by the Director SB1310 Engrossed - 484 - LRB096 09456 RLC 19613 b of Personnel on the application.
The information derived from this investigation, including the source of this information, and any conclusions or recommendations derived from this information by the Director of Personnel shall be provided to the applicant or prospective employee, or his designee, upon request to the Director of Personnel prior to any final action by the Director SB1310 Enrolled - 484 - LRB096 09456 RLC 19613 b of Personnel on the application.
SB1310 Engrossed - 485 - LRB096 09456 RLC 19613 b (Source:
SB1310 Enrolled - 485 - LRB096 09456 RLC 19613 b (Source:
No person with a record of misdemeanor convictions except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and sub-sections 1, 6 and 8 of Section 24-1 of the Criminal Code of 1961, or arrested for any cause but not convicted thereon shall be disqualified from taking such examinations or subsequent SB1310 Engrossed - 486 - LRB096 09456 RLC 19613 b appointment unless the person is attempting to qualify for a position which entails financial responsibilities, in which case the person's conviction or arrest record may be considered as a factor in determining the person's fitness for the position.
No person with a record of misdemeanor convictions except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and sub-sections 1, 6 and 8 of Section 24-1 of the Criminal Code of 1961, or arrested for any cause but not convicted thereon shall be disqualified from taking such examinations or subsequent SB1310 Enrolled - 486 - LRB096 09456 RLC 19613 b appointment unless the person is attempting to qualify for a position which entails financial responsibilities, in which case the person's conviction or arrest record may be considered as a factor in determining the person's fitness for the position.
6-20-97.) SB1310 Engrossed - 487 - LRB096 09456 RLC 19613 b Section 915.
6-20-97.) SB1310 Enrolled - 487 - LRB096 09456 RLC 19613 b Section 915.
No person with a record of misdemeanor convictions except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and sub-sections 1, 6 and 8 of Section 24-1 of the Criminal Code of 1961 or arrested for any cause but not convicted thereon shall be disqualified from taking such examinations or subsequent appointment, unless the person is attempting to qualify for a SB1310 Engrossed - 488 - LRB096 09456 RLC 19613 b position which would give him the powers of a peace officer, in which case the person's conviction or arrest record may be considered as a factor in determining the person's fitness for the position.
No person with a record of misdemeanor convictions except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and sub-sections 1, 6 and 8 of Section 24-1 of the Criminal Code of 1961 or arrested for any cause but not convicted thereon shall be disqualified from taking such examinations or subsequent appointment, unless the person is attempting to qualify for a SB1310 Enrolled - 488 - LRB096 09456 RLC 19613 b position which would give him the powers of a peace officer, in which case the person's conviction or arrest record may be considered as a factor in determining the person's fitness for the position.
No person who is a non-resident of the State of Illinois may be appointed from those eligible lists, however, unless the requirement that applicants be residents of SB1310 Engrossed - 489 - LRB096 09456 RLC 19613 b the State of Illinois is waived by the Director of Central Management Services and unless there are less than 3 Illinois residents available for appointment from the appropriate eligible list.
No person who is a non-resident of the State of Illinois may be appointed from those eligible lists, however, unless the requirement that applicants be residents of SB1310 Enrolled - 489 - LRB096 09456 RLC 19613 b the State of Illinois is waived by the Director of Central Management Services and unless there are less than 3 Illinois residents available for appointment from the appropriate eligible list.
(b) In placing a child under this Act, the Department may place a child with a relative if the Department determines that the relative will be able to adequately provide for the child's safety and welfare based on the factors set forth in the SB1310 Engrossed - 490 - LRB096 09456 RLC 19613 b Department's rules governing relative placements, and that the placement is consistent with the child's best interests, taking into consideration the factors set out in subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987.
(b) In placing a child under this Act, the Department may place a child with a relative if the Department determines that the relative will be able to adequately provide for the child's safety and welfare based on the factors set forth in the SB1310 Enrolled - 490 - LRB096 09456 RLC 19613 b Department's rules governing relative placements, and that the placement is consistent with the child's best interests, taking into consideration the factors set out in subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987.
When the Department determines that the child requires SB1310 Engrossed - 491 - LRB096 09456 RLC 19613 b placement in an environment, other than a home environment, the Department shall continue to make reasonable efforts to identify and locate relatives to serve as visitation resources for the child and potential future placement resources, except when the Department determines that those efforts would be futile or inconsistent with the child's best interests.
When the Department determines that the child requires SB1310 Enrolled - 491 - LRB096 09456 RLC 19613 b placement in an environment, other than a home environment, the Department shall continue to make reasonable efforts to identify and locate relatives to serve as visitation resources for the child and potential future placement resources, except when the Department determines that those efforts would be futile or inconsistent with the child's best interests.
For the purpose of this subsection, any determination as to the child's best interests shall include consideration of the factors set out in subsection (4.05) of Section 1-3 of the SB1310 Engrossed - 492 - LRB096 09456 RLC 19613 b Juvenile Court Act of 1987.
For the purpose of this subsection, any determination as to the child's best interests shall include consideration of the factors set out in subsection (4.05) of Section 1-3 of the SB1310 Enrolled - 492 - LRB096 09456 RLC 19613 b Juvenile Court Act of 1987.
SB1310 Engrossed - 493 - LRB096 09456 RLC 19613 b (4) aggravated kidnapping;
SB1310 Enrolled - 493 - LRB096 09456 RLC 19613 b (4) aggravated kidnapping;
For the purpose of this subsection, "relative" shall include SB1310 Engrossed - 494 - LRB096 09456 RLC 19613 b any person, 21 years of age or over, other than the parent, who (i) is currently related to the child in any of the following ways by blood or adoption:
For the purpose of this subsection, "relative" shall include SB1310 Enrolled - 494 - LRB096 09456 RLC 19613 b any person, 21 years of age or over, other than the parent, who (i) is currently related to the child in any of the following ways by blood or adoption:
SB1310 Engrossed - 495 - LRB096 09456 RLC 19613 b (c) In placing a child under this Act, the Department shall ensure that the child's health, safety, and best interests are met.
SB1310 Enrolled - 495 - LRB096 09456 RLC 19613 b (c) In placing a child under this Act, the Department shall ensure that the child's health, safety, and best interests are met.
"Special efforts" shall include contacting and working with community organizations and religious organizations and may include contracting with those organizations, utilizing local media SB1310 Engrossed - 496 - LRB096 09456 RLC 19613 b and other local resources, and conducting outreach activities.
"Special efforts" shall include contacting and working with community organizations and religious organizations and may include contracting with those organizations, utilizing local media SB1310 Enrolled - 496 - LRB096 09456 RLC 19613 b and other local resources, and conducting outreach activities.
SB1310 Engrossed - 497 - LRB096 09456 RLC 19613 b (A) The following terms shall have the meanings ascribed to them in the Unified Code of Corrections, 730 ILCS 5/5-1-2 through 5/5-1-22:
SB1310 Enrolled - 497 - LRB096 09456 RLC 19613 b (A) The following terms shall have the meanings ascribed to them in the Unified Code of Corrections, 730 ILCS 5/5-1-2 through 5/5-1-22:
(C) "Conviction" means a judgment of conviction or sentence entered upon a plea of guilty or upon a verdict or finding of guilty of an offense, rendered by SB1310 Engrossed - 498 - LRB096 09456 RLC 19613 b a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury.
(C) "Conviction" means a judgment of conviction or sentence entered upon a plea of guilty or upon a verdict or finding of guilty of an offense, rendered by SB1310 Enrolled - 498 - LRB096 09456 RLC 19613 b a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury.
Nothing in this Act shall require the physical destruction of the circuit court file, but such records relating to arrests or charges, or both, ordered expunged shall be impounded as required by subsections (d)(9)(A)(ii) and SB1310 Engrossed - 499 - LRB096 09456 RLC 19613 b (d)(9)(B)(ii).
Nothing in this Act shall require the physical destruction of the circuit court file, but such records relating to arrests or charges, or both, ordered expunged shall be impounded as required by subsections (d)(9)(A)(ii) and SB1310 Enrolled - 499 - LRB096 09456 RLC 19613 b (d)(9)(B)(ii).
(I) "Petitioner" means an adult or a minor prosecuted as an adult who has applied for relief under SB1310 Engrossed - 500 - LRB096 09456 RLC 19613 b this Section.
(I) "Petitioner" means an adult or a minor prosecuted as an adult who has applied for relief under SB1310 Enrolled - 500 - LRB096 09456 RLC 19613 b this Section.
The petitioner's name shall also be obliterated from the official index required to be kept by the circuit court SB1310 Engrossed - 501 - LRB096 09456 RLC 19613 b clerk under Section 16 of the Clerks of Courts Act, but any index issued by the circuit court clerk before the entry of the order to seal shall not be affected.
The petitioner's name shall also be obliterated from the official index required to be kept by the circuit court SB1310 Enrolled - 501 - LRB096 09456 RLC 19613 b clerk under Section 16 of the Clerks of Courts Act, but any index issued by the circuit court clerk before the entry of the order to seal shall not be affected.
or (iii) Section 11-503 of the Illinois Vehicle Code or a SB1310 Engrossed - 502 - LRB096 09456 RLC 19613 b similar provision of a local ordinance.
or (iii) Section 11-503 of the Illinois Vehicle Code or a SB1310 Enrolled - 502 - LRB096 09456 RLC 19613 b similar provision of a local ordinance.
SB1310 Engrossed - 503 - LRB096 09456 RLC 19613 b (D) the sealing of the records of an arrest which results in the petitioner being charged with a felony offense or records of a charge not initiated by arrest for a felony offense, regardless of the disposition, unless:
SB1310 Enrolled - 503 - LRB096 09456 RLC 19613 b (D) the sealing of the records of an arrest which results in the petitioner being charged with a felony offense or records of a charge not initiated by arrest for a felony offense, regardless of the disposition, unless:
Records of arrests which result in the petitioner being charged with a Class 4 felony offense listed in subsection (c)(2)(F), records of charges not initiated by arrest for SB1310 Engrossed - 504 - LRB096 09456 RLC 19613 b Class 4 felony offenses listed in subsection (c)(2)(F), and records of charges amended to a Class 4 felony offense listed in (c)(2)(F) may be sealed, regardless of the disposition, subject to any waiting periods set forth in subsection (c)(3).
Records of arrests which result in the petitioner being charged with a Class 4 felony offense listed in subsection (c)(2)(F), records of charges not initiated by arrest for SB1310 Enrolled - 504 - LRB096 09456 RLC 19613 b Class 4 felony offenses listed in subsection (c)(2)(F), and records of charges amended to a Class 4 felony offense listed in (c)(2)(F) may be sealed, regardless of the disposition, subject to any waiting periods set forth in subsection (c)(3).
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Action History

  1. Public Act . . . . . . . . . 96-1551

  2. Effective Date July 1, 2011

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Short Debate - Passed 112-001-000

  7. Added Alternate Chief Co-Sponsor Rep. Careen M. Gordon

  8. Added Alternate Chief Co-Sponsor Rep. Dennis M. Reboletti

  9. Placed on Calendar Order of 3rd Reading - Short Debate

  10. Second Reading - Short Debate

  11. Placed on Calendar 2nd Reading - Short Debate

  12. Do Pass / Short Debate Judiciary II - Criminal Law Committee; 005-000-000

  13. Added Alternate Chief Co-Sponsor Rep. Jack D. Franks

  14. Added Alternate Chief Co-Sponsor Rep. Jim Durkin

  15. Alternate Co-Sponsor Removed Rep. Jack D. Franks

  16. Added Alternate Co-Sponsor Rep. Jack D. Franks

  17. Assigned to Judiciary II - Criminal Law Committee

  18. Final Action Deadline Extended-9(b) January 11, 2011

  19. Referred to Rules Committee

  20. First Reading

  21. Chief House Sponsor Rep. Lou Lang

  22. Placed on Calendar Order of First Reading

  23. Arrived in House

  24. Third Reading - Passed; 057-000-000

  25. Placed on Calendar Order of 3rd Reading December 1, 2010

  26. Senate Floor Amendment No. 1 Adopted; Dillard-Cullerton

  27. Recalled to Second Reading

  28. Rule 2-10 Committee/3rd Reading Deadline Established As January 11, 2011

  29. Senate Floor Amendment No. 1 Be Approved for Consideration Assignments

  30. Senate Floor Amendment No. 1 Referred to Assignments

  31. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Kirk W. Dillard; -Cullerton

  32. Placed on Calendar Order of 3rd Reading November 30, 2010

  33. Approved for Consideration Assignments

  34. Added as Chief Co-Sponsor Sen. John J. Cullerton

  35. Chief Sponsor Changed to Sen. Kirk W. Dillard

  36. Pursuant to Senate Rule 3-9(b) / Referred to Assignments

  37. Placed on Calendar Order of 3rd Reading April 28, 2009

  38. Second Reading

  39. Rule 2-10 Third Reading Deadline Established As April 30, 2009

  40. Placed on Calendar Order of 2nd Reading March 17, 2009

  41. Do Pass Executive; 012-000-000

  42. Assigned to Executive

  43. Referred to Assignments

  44. First Reading

  45. Filed with Secretary by Sen. John J. Cullerton

Sponsors

  • Kirk W. Dillard · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Kirk W. Dillard

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 112 Yea · 1 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 94104
Democrat 13000
Republican 5001
Total 112105
% of votes cast 95%1%0%4%
How each member voted (118)
Member Party Vote
Hatcher — Yea
Jackson — Yea
Jefferson — Yea
Lang — Yea
Leitch — Yea
May — Yea
McAuliffe — Yea
McCarthy — Yea
Mendoza — Yea
Senger — Yea
Sente — Yea
Sommer — Yea
Reitz — Yea
Soto — Yea
Lyons — Yea
Bradley — Yea
Brady — Yea
McGuire — Yea
Burke — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Eddy — Yea
Farnham — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Froehlich — Yea
Golar — Yea
Sullivan — Yea
Mitchell, Bill — Yea
Gordon, Careen — Yea
Mitchell, Jerry — Yea
Gordon, Jehan — Yea
Madigan — Yea
Mell — Not Voting
Hannig — Yea
Moffitt — Yea
Harris — Yea
Nekritz — Yea
Hays, Chad — Yea
O'Sullivan — Yea
Hernandez — Yea
Osterman — Yea
Watson — Yea
Phelps — Yea
Thapedi — Yea
Tryon — Yea
Howard — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
Davis, Monique — Yea
Winters — Yea
Yarbrough — Yea
Zalewski — Yea
Cavaletto — Yea
Coladipietro — Yea
Cole — Yea
Colvin — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Holbrook — Yea
Jakobsson — Yea
Kosel — Yea
Osmond — Yea
Pihos — Yea
Poe — Nay
Pritchard — Not Voting
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Mathias — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Boland — Yea
Bost — Yea
Brauer — Yea
Burns — Not Voting
Carberry — Yea
Connelly — Yea
McAsey — Yea
Coulson — Yea
Mulligan — Not Voting
Chapa LaVia — Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Mark L. Walker Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Not Voting
Jil Tracy Republican Yea
Kyle Moore Republican Yea
Norine K. Hammond Republican Yea

Official roll call →

Third Reading

Passed 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 9000
Unaffiliated 47002
Republican 1000
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Hultgren — Not Voting
Hutchinson — Yea
Noland — Yea
Link — Yea
McCarter — Yea
Meeks — Yea
Millner — Yea
Schoenberg — Yea
Silverstein — Yea
Steans — Yea
Brady — Yea
Clayborne — Yea
Frerichs — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Sullivan — Yea
Kotowski — Yea
Jacobs — Yea
Lauzen — Yea
Jones, J. — Yea
Demuzio — Yea
Cullerton — Yea
Muñoz — Yea
Radogno — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Crotty — Yea
Dahl — Yea
Dillard — Yea
Duffy — Yea
Pankau — Not Voting
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandack — Yea
Sandoval — Yea
Luechtefeld — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Forby — Yea
Mulroe — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

public-safety technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1310 do?
Amends the Criminal Code of 1961. Makes a technical change in a Section concerning the definition of "offense" for the purpose of inchoate offenses.
Who sponsors SB 1310?
SB 1310 is sponsored by Kirk W. Dillard.
What is the current status of SB 1310?
This bill has been enacted into law. Introduced February 10, 2009. Enacted.
Where can I track SB 1310?
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