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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6572 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
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Amends the Alcoholism and other Drug Abuse and Dependency Act. Provides that an addict may elect treatment under supervision of a designated program if the offense is possession of a controlled substance or possession of 500 grams or less of cannabis. Amends the Criminal Identification Act. Expands offenses subject to sealing and expungement. Amends the Criminal Code of 2012. Changes the penalties for various offenses. Amends the Cannabis Control Act. Provides that possession of 57 grams or less of cannabis is a civil violation with a $25 fine. Provides that the manufacture, delivery, or possession with intent to deliver, or manufacture, 30 grams or less of any substance containing cannabis is a civil violation and subject to a $25 fine. Provides that possessing, growing, producing, or processing not more than 5 cannabis sativa plants, provided that the growing is not conducted openly or publicly and is not provided for sale or consideration, shall constitute a civil violation and shall be subject to a fine of $25. Amends the Drug Paraphernalia Control Act. Provides that if a person has possession of 57 grams or less of cannabis, the penalty for possession of any drug paraphernalia seized during the violation for that offense shall be a civil violation punishable by a fine of $25. Amends the Unified Code of Corrections. Eliminates minimum sentences for all classes of offenses. Amends various other Acts concerning other penalties. Provides that the amendatory Act applies to offenses committed before its effective date, and to offenses committed on or after its effective date. Provides that an offender who currently is serving sentence for a felony which is reduced to a lesser felony or to a misdemeanor by the amendatory Act may petition the court for resentencing to a lesser sentence and be given credit for time served.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Alcoholism and Other Drug Abuse and |
5 | | Dependency Act is amended by changing Section 40-5 as follows:
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6 | | (20 ILCS 301/40-5) |
7 | | Sec. 40-5. Election of treatment. An addict or alcoholic |
8 | | who is charged
with or convicted of a crime or any other person |
9 | | charged with or convicted of a misdemeanor violation of the Use |
10 | | of Intoxicating Compounds Act and who has not been previously |
11 | | convicted of a violation of that Act may elect treatment under |
12 | | the supervision of a
licensed program designated by the |
13 | | Department, referred to in this Article
as "designated |
14 | | program", unless: |
15 | | (1) the crime is a crime of violence; |
16 | | (2) the crime is a violation of Section 401(a), 401(b), |
17 | | 401(c) where the
person electing treatment has been |
18 | | previously convicted of a non-probationable
felony or the |
19 | | violation is non-probationable, 401(d) where the violation |
20 | | is
non-probationable, 401.1, 402(a), 405 or 407 of the |
21 | | Illinois Controlled
Substances
Act, or Section 12-7.3 of |
22 | | the Criminal Code of 2012, or Section 4(d), 4(e), 4(f), |
23 | | 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7
or 9 of the Cannabis |
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1 | | Control Act or Section 15, 20, 55, 60(b)(3), 60(b)(4), |
2 | | 60(b)(5), 60(b)(6), or 65 of the Methamphetamine Control |
3 | | and Community Protection Act or is otherwise ineligible for |
4 | | probation under Section 70 of the Methamphetamine Control |
5 | | and Community Protection Act; |
6 | | (3) the person has a record of 2 or more convictions of |
7 | | a crime of
violence; |
8 | | (4) other criminal proceedings alleging commission of |
9 | | a felony , other than a felony directed against property, |
10 | | are pending
against the person; |
11 | | (5) the person is on probation or parole and the |
12 | | appropriate parole or
probation authority does not consent |
13 | | to that election; |
14 | | (6) the person elected and was admitted to a designated |
15 | | program on 2 prior
occasions within any consecutive 2-year |
16 | | period; |
17 | | (7) the person has been convicted of residential |
18 | | burglary and has a record
of one or more felony |
19 | | convictions; |
20 | | (8) the crime is a violation of Section 11-501 of the |
21 | | Illinois Vehicle
Code or a similar provision of a local |
22 | | ordinance; or |
23 | | (9) the crime is a reckless homicide or a reckless |
24 | | homicide of an unborn
child, as defined in Section 9-3 or |
25 | | 9-3.2 of the Criminal Code of 1961 or the Criminal Code of |
26 | | 2012, in
which the cause of death consists of the driving |
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1 | | of a motor vehicle by a person
under the influence of |
2 | | alcohol or any other drug or drugs at the time of the
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3 | | violation. |
4 | | Nothing in this Section shall preclude an individual who is |
5 | | charged with or convicted of a crime that is a violation of |
6 | | Section 60(b)(1) or 60(b)(2) of the Methamphetamine Control and |
7 | | Community Protection Act, and who is otherwise eligible to make |
8 | | the election provided for under this Section, from being |
9 | | eligible to make an election for treatment as a condition of |
10 | | probation as provided for under this Article. |
11 | | (Source: P.A. 98-896, eff. 1-1-15; 98-1124, eff. 8-26-14; |
12 | | 99-78, eff. 7-20-15.)
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13 | | Section 10. The Criminal Identification Act is amended by |
14 | | changing Section 5.2 as follows:
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15 | | (20 ILCS 2630/5.2)
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16 | | Sec. 5.2. Expungement and sealing. |
17 | | (a) General Provisions. |
18 | | (1) Definitions. In this Act, words and phrases have
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19 | | the meanings set forth in this subsection, except when a
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20 | | particular context clearly requires a different meaning. |
21 | | (A) The following terms shall have the meanings |
22 | | ascribed to them in the Unified Code of Corrections, |
23 | | 730 ILCS 5/5-1-2 through 5/5-1-22: |
24 | | (i) Business Offense (730 ILCS 5/5-1-2), |
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1 | | (ii) Charge (730 ILCS 5/5-1-3), |
2 | | (iii) Court (730 ILCS 5/5-1-6), |
3 | | (iv) Defendant (730 ILCS 5/5-1-7), |
4 | | (v) Felony (730 ILCS 5/5-1-9), |
5 | | (vi) Imprisonment (730 ILCS 5/5-1-10), |
6 | | (vii) Judgment (730 ILCS 5/5-1-12), |
7 | | (viii) Misdemeanor (730 ILCS 5/5-1-14), |
8 | | (ix) Offense (730 ILCS 5/5-1-15), |
9 | | (x) Parole (730 ILCS 5/5-1-16), |
10 | | (xi) Petty Offense (730 ILCS 5/5-1-17), |
11 | | (xii) Probation (730 ILCS 5/5-1-18), |
12 | | (xiii) Sentence (730 ILCS 5/5-1-19), |
13 | | (xiv) Supervision (730 ILCS 5/5-1-21), and |
14 | | (xv) Victim (730 ILCS 5/5-1-22). |
15 | | (B) As used in this Section, "charge not initiated |
16 | | by arrest" means a charge (as defined by 730 ILCS |
17 | | 5/5-1-3) brought against a defendant where the |
18 | | defendant is not arrested prior to or as a direct |
19 | | result of the charge. |
20 | | (C) "Conviction" means a judgment of conviction or |
21 | | sentence entered upon a plea of guilty or upon a |
22 | | verdict or finding of guilty of an offense, rendered by |
23 | | a legally constituted jury or by a court of competent |
24 | | jurisdiction authorized to try the case without a jury. |
25 | | An order of supervision successfully completed by the |
26 | | petitioner is not a conviction. An order of qualified |
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1 | | probation (as defined in subsection (a)(1)(J)) |
2 | | successfully completed by the petitioner is not a |
3 | | conviction. An order of supervision or an order of |
4 | | qualified probation that is terminated |
5 | | unsatisfactorily is a conviction, unless the |
6 | | unsatisfactory termination is reversed, vacated, or |
7 | | modified and the judgment of conviction, if any, is |
8 | | reversed or vacated. |
9 | | (D) "Criminal offense" means a petty offense, |
10 | | business offense, misdemeanor, felony, or municipal |
11 | | ordinance violation (as defined in subsection |
12 | | (a)(1)(H)). As used in this Section, a minor traffic |
13 | | offense (as defined in subsection (a)(1)(G)) shall not |
14 | | be considered a criminal offense. |
15 | | (E) "Expunge" means to physically destroy the |
16 | | records or return them to the petitioner and to |
17 | | obliterate the petitioner's name from any official |
18 | | index or public record, or both. Nothing in this Act |
19 | | shall require the physical destruction of the circuit |
20 | | court file, but such records relating to arrests or |
21 | | charges, or both, ordered expunged shall be impounded |
22 | | as required by subsections (d)(9)(A)(ii) and |
23 | | (d)(9)(B)(ii). |
24 | | (F) As used in this Section, "last sentence" means |
25 | | the sentence, order of supervision, or order of |
26 | | qualified probation (as defined by subsection |
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1 | | (a)(1)(J)), for a criminal offense (as defined by |
2 | | subsection (a)(1)(D)) that terminates last in time in |
3 | | any jurisdiction, regardless of whether the petitioner |
4 | | has included the criminal offense for which the |
5 | | sentence or order of supervision or qualified |
6 | | probation was imposed in his or her petition. If |
7 | | multiple sentences, orders of supervision, or orders |
8 | | of qualified probation terminate on the same day and |
9 | | are last in time, they shall be collectively considered |
10 | | the "last sentence" regardless of whether they were |
11 | | ordered to run concurrently. |
12 | | (G) "Minor traffic offense" means a petty offense, |
13 | | business offense, or Class C misdemeanor under the |
14 | | Illinois Vehicle Code or a similar provision of a |
15 | | municipal or local ordinance. |
16 | | (H) "Municipal ordinance violation" means an |
17 | | offense defined by a municipal or local ordinance that |
18 | | is criminal in nature and with which the petitioner was |
19 | | charged or for which the petitioner was arrested and |
20 | | released without charging. |
21 | | (I) "Petitioner" means an adult or a minor |
22 | | prosecuted as an
adult who has applied for relief under |
23 | | this Section. |
24 | | (J) "Qualified probation" means an order of |
25 | | probation under Section 10 of the Cannabis Control Act, |
26 | | Section 410 of the Illinois Controlled Substances Act, |
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1 | | Section 70 of the Methamphetamine Control and |
2 | | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 |
3 | | of the Unified Code of Corrections, Section |
4 | | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as |
5 | | those provisions existed before their deletion by |
6 | | Public Act 89-313), Section 10-102 of the Illinois |
7 | | Alcoholism and Other Drug Dependency Act, Section |
8 | | 40-10 of the Alcoholism and Other Drug Abuse and |
9 | | Dependency Act, or Section 10 of the Steroid Control |
10 | | Act. For the purpose of this Section, "successful |
11 | | completion" of an order of qualified probation under |
12 | | Section 10-102 of the Illinois Alcoholism and Other |
13 | | Drug Dependency Act and Section 40-10 of the Alcoholism |
14 | | and Other Drug Abuse and Dependency Act means that the |
15 | | probation was terminated satisfactorily and the |
16 | | judgment of conviction was vacated. |
17 | | (K) "Seal" means to physically and electronically |
18 | | maintain the records, unless the records would |
19 | | otherwise be destroyed due to age, but to make the |
20 | | records unavailable without a court order, subject to |
21 | | the exceptions in Sections 12 and 13 of this Act. The |
22 | | petitioner's name shall also be obliterated from the |
23 | | official index required to be kept by the circuit court |
24 | | clerk under Section 16 of the Clerks of Courts Act, but |
25 | | any index issued by the circuit court clerk before the |
26 | | entry of the order to seal shall not be affected. |
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1 | | (L) "Sexual offense committed against a minor" |
2 | | includes but is
not limited to the offenses of indecent |
3 | | solicitation of a child
or criminal sexual abuse when |
4 | | the victim of such offense is
under 18 years of age. |
5 | | (M) "Terminate" as it relates to a sentence or |
6 | | order of supervision or qualified probation includes |
7 | | either satisfactory or unsatisfactory termination of |
8 | | the sentence, unless otherwise specified in this |
9 | | Section. |
10 | | (2) Minor Traffic Offenses.
Orders of supervision or |
11 | | convictions for minor traffic offenses shall not affect a |
12 | | petitioner's eligibility to expunge or seal records |
13 | | pursuant to this Section. |
14 | | (3) Exclusions. Except as otherwise provided in |
15 | | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) |
16 | | of this Section, the court shall not order: |
17 | | (A) the sealing or expungement of the records of |
18 | | arrests or charges not initiated by arrest that result |
19 | | in an order of supervision for or conviction of:
(i) |
20 | | any sexual offense committed against a
minor; (ii) |
21 | | Section 11-501 of the Illinois Vehicle Code or a |
22 | | similar provision of a local ordinance; or (iii) |
23 | | Section 11-503 of the Illinois Vehicle Code or a |
24 | | similar provision of a local ordinance, unless the |
25 | | arrest or charge is for a misdemeanor violation of |
26 | | subsection (a) of Section 11-503 or a similar provision |
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1 | | of a local ordinance, that occurred prior to the |
2 | | offender reaching the age of 25 years and the offender |
3 | | has no other conviction for violating Section 11-501 or |
4 | | 11-503 of the Illinois Vehicle Code or a similar |
5 | | provision of a local ordinance. |
6 | | (B) (blank). the sealing or expungement of records |
7 | | of minor traffic offenses (as defined in subsection |
8 | | (a)(1)(G)), unless the petitioner was arrested and |
9 | | released without charging. |
10 | | (C) the sealing of the records of arrests or |
11 | | charges not initiated by arrest which result in an |
12 | | order of supervision or a conviction for the following |
13 | | offenses: |
14 | | (i) offenses included in Article 11 of the |
15 | | Criminal Code of 1961 or the Criminal Code of 2012 |
16 | | or a similar provision of a local ordinance, except |
17 | | Section 11-14 of the Criminal Code of 1961 or the |
18 | | Criminal Code of 2012, or a similar provision of a |
19 | | local ordinance; |
20 | | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, |
21 | | 26-5, or 48-1 of the Criminal Code of 1961 or the |
22 | | Criminal Code of 2012, or a similar provision of a |
23 | | local ordinance; |
24 | | (iii) Sections 12-3.1 or 12-3.2 of the |
25 | | Criminal Code of 1961 or the Criminal Code of 2012, |
26 | | or Section 125 of the Stalking No Contact Order |
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1 | | Act, or Section 219 of the Civil No Contact Order |
2 | | Act, or a similar provision of a local ordinance; |
3 | | (iv) offenses which are Class A misdemeanors |
4 | | under the Humane Care for Animals Act; or |
5 | | (v) any offense or attempted offense that |
6 | | would subject a person to registration under the |
7 | | Sex Offender Registration Act. |
8 | | (D) the sealing of the records of an arrest which |
9 | | results in
the petitioner being charged with a felony |
10 | | offense or records of a charge not initiated by arrest |
11 | | for a felony offense unless: |
12 | | (i) the charge is amended to a misdemeanor and |
13 | | is otherwise
eligible to be sealed pursuant to |
14 | | subsection (c); |
15 | | (ii) the charge is brought along with another |
16 | | charge as a part of one case and the charge results |
17 | | in acquittal, dismissal, or conviction when the |
18 | | conviction was reversed or vacated, and another |
19 | | charge brought in the same case results in a |
20 | | disposition for a misdemeanor offense that is |
21 | | eligible to be sealed pursuant to subsection (c) or |
22 | | a disposition listed in paragraph (i), (iii), or |
23 | | (iv) of this subsection; |
24 | | (iii) the charge results in first offender |
25 | | probation as set forth in subsection (c)(2)(E); |
26 | | (iv) the charge is for a felony offense listed |
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1 | | in subsection (c)(2)(F) or the charge is amended to |
2 | | a felony offense listed in subsection (c)(2)(F); |
3 | | (v) the charge results in acquittal, |
4 | | dismissal, or the petitioner's release without |
5 | | conviction; or |
6 | | (vi) the charge results in a conviction, but |
7 | | the conviction was reversed or vacated. |
8 | | (b) Expungement. |
9 | | (1) A petitioner may petition the circuit court to |
10 | | expunge the
records of petitioner's his or her arrests , and |
11 | | charges not initiated by arrest , and convictions when: |
12 | | (A) Each arrest or charge initiated by arrest |
13 | | resulted in a conviction for misdemeanor offenses or |
14 | | first offender probation, not otherwise excluded for |
15 | | expungement in subsection (a)(2) He or she has never |
16 | | been convicted of a criminal offense ; and |
17 | | (B) Each arrest or charge not initiated by arrest
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18 | | sought to be expunged resulted in:
(i) acquittal, |
19 | | dismissal, or the petitioner's release without |
20 | | charging, unless excluded by subsection (a)(3)(B);
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21 | | (ii) a conviction which was vacated or reversed, unless |
22 | | excluded by subsection (a)(3)(B);
(iii) an order of |
23 | | supervision and such supervision was successfully |
24 | | completed by the petitioner, unless excluded by |
25 | | subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of |
26 | | qualified probation (as defined in subsection |
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1 | | (a)(1)(J)) and such probation was successfully |
2 | | completed by the petitioner. |
3 | | (2) Time frame for filing a petition to expunge. |
4 | | (A) When the arrest or charge not initiated by |
5 | | arrest sought to be expunged resulted in an acquittal, |
6 | | dismissal, the petitioner's release without charging, |
7 | | or the reversal or vacation of a conviction, there is |
8 | | no waiting period to petition for the expungement of |
9 | | such records. |
10 | | (B) When the arrest or charge not initiated by |
11 | | arrest
sought to be expunged resulted in an order of |
12 | | supervision, successfully
completed by the petitioner, |
13 | | the following time frames will apply: |
14 | | (i) Those arrests or charges that resulted in |
15 | | orders of
supervision under Section 3-707, 3-708, |
16 | | 3-710, or 5-401.3 of the Illinois Vehicle Code or a |
17 | | similar provision of a local ordinance, or under |
18 | | Section 11-1.50, 12-3.2, or 12-15 of the Criminal |
19 | | Code of 1961 or the Criminal Code of 2012, or a |
20 | | similar provision of a local ordinance, shall not |
21 | | be eligible for expungement until 5 years have |
22 | | passed following the satisfactory termination of |
23 | | the supervision. |
24 | | (i-5) Those arrests or charges that resulted |
25 | | in orders of supervision for a misdemeanor |
26 | | violation of subsection (a) of Section 11-503 of |
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1 | | the Illinois Vehicle Code or a similar provision of |
2 | | a local ordinance, that occurred prior to the |
3 | | offender reaching the age of 25 years and the |
4 | | offender has no other conviction for violating |
5 | | Section 11-501 or 11-503 of the Illinois Vehicle |
6 | | Code or a similar provision of a local ordinance |
7 | | shall not be eligible for expungement until the |
8 | | satisfactory termination of the supervision |
9 | | petitioner has reached the age of 25 years . |
10 | | (ii) Those arrests or charges that resulted in |
11 | | orders
of supervision for any other offenses shall |
12 | | not be
eligible for expungement until 2 years have |
13 | | passed
following the satisfactory termination of |
14 | | the supervision. |
15 | | (C) When the arrest or charge not initiated by |
16 | | arrest sought to
be expunged resulted in an order of |
17 | | qualified probation, successfully
completed by the |
18 | | petitioner, such records shall not be eligible for
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19 | | expungement until 5 years have passed following the |
20 | | satisfactory
termination of the probation. |
21 | | (3) Those records maintained by the Department for
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22 | | persons arrested prior to their 17th birthday shall be
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23 | | expunged as provided in Section 5-915 of the Juvenile Court
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24 | | Act of 1987. |
25 | | (4) Whenever a person has been arrested for or |
26 | | convicted of any
offense, in the name of a person whose |
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1 | | identity he or she has stolen or otherwise
come into |
2 | | possession of, the aggrieved person from whom the identity
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3 | | was stolen or otherwise obtained without authorization,
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4 | | upon learning of the person having been arrested using his
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5 | | or her identity, may, upon verified petition to the chief |
6 | | judge of
the circuit wherein the arrest was made, have a |
7 | | court order
entered nunc pro tunc by the Chief Judge to |
8 | | correct the
arrest record, conviction record, if any, and |
9 | | all official
records of the arresting authority, the |
10 | | Department, other
criminal justice agencies, the |
11 | | prosecutor, and the trial
court concerning such arrest, if |
12 | | any, by removing his or her name
from all such records in |
13 | | connection with the arrest and
conviction, if any, and by |
14 | | inserting in the records the
name of the offender, if known |
15 | | or ascertainable, in lieu of
the aggrieved's name. The |
16 | | records of the circuit court clerk shall be sealed until |
17 | | further order of
the court upon good cause shown and the |
18 | | name of the
aggrieved person obliterated on the official |
19 | | index
required to be kept by the circuit court clerk under
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20 | | Section 16 of the Clerks of Courts Act, but the order shall
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21 | | not affect any index issued by the circuit court clerk
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22 | | before the entry of the order. Nothing in this Section
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23 | | shall limit the Department of State Police or other
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24 | | criminal justice agencies or prosecutors from listing
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25 | | under an offender's name the false names he or she has
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26 | | used. |
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1 | | (5) Whenever a person has been convicted of criminal
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2 | | sexual assault, aggravated criminal sexual assault,
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3 | | predatory criminal sexual assault of a child, criminal
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4 | | sexual abuse, or aggravated criminal sexual abuse, the
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5 | | victim of that offense may request that the State's
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6 | | Attorney of the county in which the conviction occurred
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7 | | file a verified petition with the presiding trial judge at
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8 | | the petitioner's trial to have a court order entered to |
9 | | seal
the records of the circuit court clerk in connection
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10 | | with the proceedings of the trial court concerning that
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11 | | offense. However, the records of the arresting authority
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12 | | and the Department of State Police concerning the offense
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13 | | shall not be sealed. The court, upon good cause shown,
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14 | | shall make the records of the circuit court clerk in
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15 | | connection with the proceedings of the trial court
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16 | | concerning the offense available for public inspection. |
17 | | (6) If a conviction has been set aside on direct review
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18 | | or on collateral attack and the court determines by clear
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19 | | and convincing evidence that the petitioner was factually
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20 | | innocent of the charge, the court that finds the petitioner |
21 | | factually innocent of the charge shall enter an
expungement |
22 | | order for the conviction for which the petitioner has been |
23 | | determined to be innocent as provided in subsection (b) of |
24 | | Section
5-5-4 of the Unified Code of Corrections. |
25 | | (7) Nothing in this Section shall prevent the |
26 | | Department of
State Police from maintaining all records of |
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1 | | any person who
is admitted to probation upon terms and |
2 | | conditions and who
fulfills those terms and conditions |
3 | | pursuant to Section 10
of the Cannabis Control Act, Section |
4 | | 410 of the Illinois
Controlled Substances Act, Section 70 |
5 | | of the
Methamphetamine Control and Community Protection |
6 | | Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of |
7 | | Corrections, Section 12-4.3 or subdivision (b)(1) of |
8 | | Section 12-3.05 of the Criminal Code of 1961 or the |
9 | | Criminal Code of 2012, Section 10-102
of the Illinois |
10 | | Alcoholism and Other Drug Dependency Act,
Section 40-10 of |
11 | | the Alcoholism and Other Drug Abuse and
Dependency Act, or |
12 | | Section 10 of the Steroid Control Act. |
13 | | (8) If the petitioner has been granted a certificate of |
14 | | innocence under Section 2-702 of the Code of Civil |
15 | | Procedure, the court that grants the certificate of |
16 | | innocence shall also enter an order expunging the |
17 | | conviction for which the petitioner has been determined to |
18 | | be innocent as provided in subsection (h) of Section 2-702 |
19 | | of the Code of Civil Procedure. |
20 | | (c) Sealing. |
21 | | (1) Applicability. Notwithstanding any other provision |
22 | | of this Act to the contrary, and cumulative with any rights |
23 | | to expungement of criminal records, this subsection |
24 | | authorizes the sealing of criminal records of adults and of |
25 | | minors prosecuted as adults. |
26 | | (1.5) Mandatory Records. The following records must be |
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1 | | ordered sealed by the court upon completion of the legal |
2 | | proceedings, completion of supervision, and completion of |
3 | | any incarceration: |
4 | | (A) All arrests resulting in release without |
5 | | charging; and |
6 | | (B) Arrests or charges not initiated by arrest |
7 | | resulting in acquittal, dismissal, or conviction when |
8 | | the conviction was reversed or vacated, except as |
9 | | excluded by subsection (a)(3)(B); |
10 | | (2) Eligible Records. The following records may be |
11 | | sealed: |
12 | | (A) (Blank); All arrests resulting in release |
13 | | without charging; |
14 | | (B) (Blank); Arrests or charges not initiated by |
15 | | arrest resulting in acquittal, dismissal, or |
16 | | conviction when the conviction was reversed or |
17 | | vacated, except as excluded by subsection (a)(3)(B); |
18 | | (C) Arrests or charges not initiated by arrest |
19 | | resulting in orders of supervision, including orders |
20 | | of supervision for municipal ordinance violations, |
21 | | successfully completed by the petitioner, unless |
22 | | excluded by subsection (a)(3); |
23 | | (D) Arrests or charges not initiated by arrest |
24 | | resulting in convictions, including convictions on |
25 | | municipal ordinance violations, unless excluded by |
26 | | subsection (a)(3); |
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1 | | (E) Arrests or charges not initiated by arrest |
2 | | resulting in orders of first offender probation under |
3 | | Section 10 of the Cannabis Control Act, Section 410 of |
4 | | the Illinois Controlled Substances Act, Section 70 of |
5 | | the Methamphetamine Control and Community Protection |
6 | | Act, or Section 5-6-3.3 of the Unified Code of |
7 | | Corrections; and |
8 | | (F) Arrests or charges not initiated by arrest |
9 | | resulting in felony convictions for the following |
10 | | offenses: |
11 | | (i) Class 4 felony convictions for: |
12 | | Prostitution under Section 11-14 of the |
13 | | Criminal Code of 1961 or the Criminal Code of |
14 | | 2012. |
15 | | Possession of cannabis under Section 4 of |
16 | | the Cannabis Control Act. |
17 | | Possession of a controlled substance under |
18 | | Section 402 of the Illinois Controlled |
19 | | Substances Act. |
20 | | Offenses under the Methamphetamine |
21 | | Precursor Control Act. |
22 | | Offenses under the Steroid Control Act. |
23 | | Theft under Section 16-1 of the Criminal |
24 | | Code of 1961 or the Criminal Code of 2012. |
25 | | Retail theft under Section 16A-3 or |
26 | | paragraph (a) of 16-25 of the Criminal Code of |
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1 | | 1961 or the Criminal Code of 2012. |
2 | | Deceptive practices under Section 17-1 of |
3 | | the Criminal Code of 1961 or the Criminal Code |
4 | | of 2012. |
5 | | Forgery under Section 17-3 of the Criminal |
6 | | Code of 1961 or the Criminal Code of 2012. |
7 | | Possession of burglary tools under Section |
8 | | 19-2 of the Criminal Code of 1961 or the |
9 | | Criminal Code of 2012. |
10 | | (ii) Class 3 felony convictions for: |
11 | | Theft under Section 16-1 of the Criminal |
12 | | Code of 1961 or the Criminal Code of 2012. |
13 | | Retail theft under Section 16A-3 or |
14 | | paragraph (a) of 16-25 of the Criminal Code of |
15 | | 1961 or the Criminal Code of 2012. |
16 | | Deceptive practices under Section 17-1 of |
17 | | the Criminal Code of 1961 or the Criminal Code |
18 | | of 2012. |
19 | | Forgery under Section 17-3 of the Criminal |
20 | | Code of 1961 or the Criminal Code of 2012. |
21 | | Possession with intent to manufacture or |
22 | | deliver a controlled substance under Section |
23 | | 401 of the Illinois Controlled Substances Act. |
24 | | (iii) Class 4, Class 3, Class 2, and Class 1 |
25 | | felonies under Sections 5 and 8 of the Cannabis |
26 | | Control Act, unlawful use of weapons under Section |
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1 | | 24-1 of the Criminal Code of 2012, unlawful |
2 | | possession of firearms and firearm ammunition |
3 | | under Section 24-3 of the Criminal Code of 2012, |
4 | | possession of drug paraphernalia under Section 3.5 |
5 | | of the Drug Paraphernalia Control Act. |
6 | | (3) When Records Are Eligible to Be Sealed. Records |
7 | | identified as eligible under subsection (c)(1.5) or (c)(2) |
8 | | may be sealed as follows: |
9 | | (A) Records identified as eligible under |
10 | | subsection (c)(1.5) must (c)(2)(A) and (c)(2)(B) may |
11 | | be sealed upon completion of the legal proceedings, |
12 | | completion of supervision and completion of any |
13 | | incarceration at any time . |
14 | | (B) Except as otherwise provided in subparagraph |
15 | | (E) of this paragraph (3), records identified as |
16 | | eligible under subsection (c)(2)(C) may be sealed
2 |
17 | | years after the termination of petitioner's last |
18 | | sentence (as defined in subsection (a)(1)(F)). |
19 | | (C) Except as otherwise provided in subparagraph |
20 | | (E) of this paragraph (3), records identified as |
21 | | eligible under subsections (c)(2)(D), (c)(2)(E), and |
22 | | (c)(2)(F) may be sealed 3 years after the termination |
23 | | of the petitioner's last sentence (as defined in |
24 | | subsection (a)(1)(F)). |
25 | | (D) Records identified in subsection |
26 | | (a)(3)(A)(iii) may be sealed after the petitioner has |
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1 | | reached the age of 25 years or 2 years, whichever |
2 | | duration is less . |
3 | | (E) Records identified as eligible under |
4 | | subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or |
5 | | (c)(2)(F) may be sealed upon termination of the |
6 | | petitioner's last sentence if the petitioner earned a |
7 | | high school diploma, associate's degree, career |
8 | | certificate, vocational technical certification, or |
9 | | bachelor's degree, or passed the high school level Test |
10 | | of General Educational Development, during the period |
11 | | of his or her sentence, aftercare release, or mandatory |
12 | | supervised release. This subparagraph shall apply only |
13 | | to a petitioner who has not completed the same |
14 | | educational goal prior to the period of his or her |
15 | | sentence, aftercare release, or mandatory supervised |
16 | | release. If a petition for sealing eligible records |
17 | | filed under this subparagraph is denied by the court, |
18 | | the time periods under subparagraph (B) or (C) shall |
19 | | apply to any subsequent petition for sealing filed by |
20 | | the petitioner. |
21 | | (4) Subsequent felony convictions. A person may not |
22 | | have
subsequent felony conviction records sealed as |
23 | | provided in this subsection
(c) if he or she is convicted |
24 | | of any felony offense after the date of the
sealing of |
25 | | prior felony convictions as provided in this subsection |
26 | | (c). The court may, upon conviction for a subsequent felony |
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1 | | offense, order the unsealing of prior felony conviction |
2 | | records previously ordered sealed by the court. Subsequent |
3 | | felony conviction records set forth in subsection (c) shall |
4 | | be sealed. |
5 | | (5) Notice of eligibility for sealing. Upon entry of a |
6 | | disposition for an eligible record under this subsection |
7 | | (c), the petitioner shall be informed by the court of the |
8 | | right to have the records sealed and the procedures for the |
9 | | sealing of the records. |
10 | | (d) Procedure. The following procedures apply to |
11 | | expungement under subsections (b), (e), and (e-6) and sealing |
12 | | under subsections (c) and (e-5): |
13 | | (1) Filing the petition. Upon becoming eligible to |
14 | | petition for
the expungement or sealing of records under |
15 | | this Section, the petitioner shall file a petition |
16 | | requesting the expungement
or sealing of records with the |
17 | | clerk of the court where the arrests occurred or the |
18 | | charges were brought, or both. If arrests occurred or |
19 | | charges were brought in multiple jurisdictions, a petition |
20 | | must be filed in each such jurisdiction. The petitioner |
21 | | shall pay the applicable fee, if not waived. |
22 | | (2) Contents of petition. The petition shall be
|
23 | | verified and shall contain the petitioner's name, date of
|
24 | | birth, current address and, for each arrest or charge not |
25 | | initiated by
arrest sought to be sealed or expunged, the |
26 | | case number, the date of
arrest (if any), the identity of |
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1 | | the arresting authority, and such
other information as the |
2 | | court may require. During the pendency
of the proceeding, |
3 | | the petitioner shall promptly notify the
circuit court |
4 | | clerk of any change of his or her address. If the |
5 | | petitioner has received a certificate of eligibility for |
6 | | sealing from the Prisoner Review Board under paragraph (10) |
7 | | of subsection (a) of Section 3-3-2 of the Unified Code of |
8 | | Corrections, the certificate shall be attached to the |
9 | | petition. |
10 | | (3) Drug test. The petitioner must attach to the |
11 | | petition proof that the petitioner has passed a test taken |
12 | | within 30 days before the filing of the petition showing |
13 | | the absence within his or her body of all illegal |
14 | | substances as defined by the Illinois Controlled |
15 | | Substances Act, the Methamphetamine Control and Community |
16 | | Protection Act, and the Cannabis Control Act if he or she |
17 | | is petitioning to: |
18 | | (A) seal felony records under clause (c)(2)(E); |
19 | | (B) seal felony records for a violation of the |
20 | | Illinois Controlled Substances Act, the |
21 | | Methamphetamine Control and Community Protection Act, |
22 | | or the Cannabis Control Act under clause (c)(2)(F); |
23 | | (C) seal felony records under subsection (e-5); or |
24 | | (D) expunge felony records of a qualified |
25 | | probation under clause (b)(1)(B)(iv). |
26 | | (4) Service of petition. The circuit court clerk shall |
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1 | | promptly
serve a copy of the petition and documentation to |
2 | | support the petition under subsection (e-5) or (e-6) on the |
3 | | State's Attorney or
prosecutor charged with the duty of |
4 | | prosecuting the
offense, the Department of State Police, |
5 | | the arresting
agency and the chief legal officer of the |
6 | | unit of local
government effecting the arrest. |
7 | | (5) Objections. |
8 | | (A) Any party entitled to notice of the petition |
9 | | may file an objection to the petition. All objections |
10 | | shall be in writing, shall be filed with the circuit |
11 | | court clerk, and shall state with specificity the basis |
12 | | of the objection. Whenever a person who has been |
13 | | convicted of an offense is granted
a pardon by the |
14 | | Governor which specifically authorizes expungement, an |
15 | | objection to the petition may not be filed. |
16 | | (B) Objections to a petition to expunge or seal |
17 | | must be filed within 60 days of the date of service of |
18 | | the petition. |
19 | | (6) Entry of order. |
20 | | (A) The Chief Judge of the circuit wherein the |
21 | | charge was brought, any judge of that circuit |
22 | | designated by the Chief Judge, or in counties of less |
23 | | than 3,000,000 inhabitants, the presiding trial judge |
24 | | at the petitioner's trial, if any, shall rule on the |
25 | | petition to expunge or seal as set forth in this |
26 | | subsection (d)(6). |
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1 | | (B) Unless the State's Attorney or prosecutor, the |
2 | | Department of
State Police, the arresting agency, or |
3 | | the chief legal officer
files an objection to the |
4 | | petition to expunge or seal within 60 days from the |
5 | | date of service of the petition, the court shall enter |
6 | | an order granting or denying the petition. |
7 | | (7) Hearings. If an objection is filed, the court shall |
8 | | set a date for a hearing and notify the petitioner and all |
9 | | parties entitled to notice of the petition of the hearing |
10 | | date at least 30 days prior to the hearing. Prior to the |
11 | | hearing, the State's Attorney shall consult with the |
12 | | Department as to the appropriateness of the relief sought |
13 | | in the petition to expunge or seal. At the hearing, the |
14 | | court shall hear evidence on whether the petition should or |
15 | | should not be granted, and shall grant or deny the petition |
16 | | to expunge or seal the records based on the evidence |
17 | | presented at the hearing. The court may consider the |
18 | | following: |
19 | | (A) the strength of the evidence supporting the |
20 | | defendant's conviction; |
21 | | (B) the reasons for retention of the conviction |
22 | | records by the State; |
23 | | (C) the petitioner's age, criminal record history, |
24 | | and employment history; |
25 | | (D) the period of time between the petitioner's |
26 | | arrest on the charge resulting in the conviction and |
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1 | | the filing of the petition under this Section; and |
2 | | (E) the specific adverse consequences the |
3 | | petitioner may be subject to if the petition is denied. |
4 | | (8) Service of order. After entering an order to |
5 | | expunge or
seal records, the court must provide copies of |
6 | | the order to the
Department, in a form and manner |
7 | | prescribed by the Department,
to the petitioner, to the |
8 | | State's Attorney or prosecutor
charged with the duty of |
9 | | prosecuting the offense, to the
arresting agency, to the |
10 | | chief legal officer of the unit of
local government |
11 | | effecting the arrest, and to such other
criminal justice |
12 | | agencies as may be ordered by the court. |
13 | | (9) Implementation of order. |
14 | | (A) Upon entry of an order to expunge records |
15 | | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: |
16 | | (i) the records shall be expunged (as defined |
17 | | in subsection (a)(1)(E)) by the arresting agency, |
18 | | the Department, and any other agency as ordered by |
19 | | the court, within 60 days of the date of service of |
20 | | the order, unless a motion to vacate, modify, or |
21 | | reconsider the order is filed pursuant to |
22 | | paragraph (12) of subsection (d) of this Section; |
23 | | (ii) the records of the circuit court clerk |
24 | | shall be impounded until further order of the court |
25 | | upon good cause shown and the name of the |
26 | | petitioner obliterated on the official index |
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1 | | required to be kept by the circuit court clerk |
2 | | under Section 16 of the Clerks of Courts Act, but |
3 | | the order shall not affect any index issued by the |
4 | | circuit court clerk before the entry of the order; |
5 | | and |
6 | | (iii) in response to an inquiry for expunged |
7 | | records, the court, the Department, or the agency |
8 | | receiving such inquiry, shall reply as it does in |
9 | | response to inquiries when no records ever |
10 | | existed. |
11 | | (B) Upon entry of an order to expunge records |
12 | | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: |
13 | | (i) the records shall be expunged (as defined |
14 | | in subsection (a)(1)(E)) by the arresting agency |
15 | | and any other agency as ordered by the court, |
16 | | within 60 days of the date of service of the order, |
17 | | unless a motion to vacate, modify, or reconsider |
18 | | the order is filed pursuant to paragraph (12) of |
19 | | subsection (d) of this Section; |
20 | | (ii) the records of the circuit court clerk |
21 | | shall be impounded until further order of the court |
22 | | upon good cause shown and the name of the |
23 | | petitioner obliterated on the official index |
24 | | required to be kept by the circuit court clerk |
25 | | under Section 16 of the Clerks of Courts Act, but |
26 | | the order shall not affect any index issued by the |
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1 | | circuit court clerk before the entry of the order; |
2 | | (iii) the records shall be impounded by the
|
3 | | Department within 60 days of the date of service of |
4 | | the order as ordered by the court, unless a motion |
5 | | to vacate, modify, or reconsider the order is filed |
6 | | pursuant to paragraph (12) of subsection (d) of |
7 | | this Section; |
8 | | (iv) records impounded by the Department may |
9 | | be disseminated by the Department only as required |
10 | | by law or to the arresting authority, the State's |
11 | | Attorney, and the court upon a later arrest for the |
12 | | same or a similar offense or for the purpose of |
13 | | sentencing for any subsequent felony, and to the |
14 | | Department of Corrections upon conviction for any |
15 | | offense; and |
16 | | (v) in response to an inquiry for such records |
17 | | from anyone not authorized by law to access such |
18 | | records, the court, the Department, or the agency |
19 | | receiving such inquiry shall reply as it does in |
20 | | response to inquiries when no records ever |
21 | | existed. |
22 | | (B-5) Upon entry of an order to expunge records |
23 | | under subsection (e-6): |
24 | | (i) the records shall be expunged (as defined |
25 | | in subsection (a)(1)(E)) by the arresting agency |
26 | | and any other agency as ordered by the court, |
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1 | | within 60 days of the date of service of the order, |
2 | | unless a motion to vacate, modify, or reconsider |
3 | | the order is filed under paragraph (12) of |
4 | | subsection (d) of this Section; |
5 | | (ii) the records of the circuit court clerk |
6 | | shall be impounded until further order of the court |
7 | | upon good cause shown and the name of the |
8 | | petitioner obliterated on the official index |
9 | | required to be kept by the circuit court clerk |
10 | | under Section 16 of the Clerks of Courts Act, but |
11 | | the order shall not affect any index issued by the |
12 | | circuit court clerk before the entry of the order; |
13 | | (iii) the records shall be impounded by the
|
14 | | Department within 60 days of the date of service of |
15 | | the order as ordered by the court, unless a motion |
16 | | to vacate, modify, or reconsider the order is filed |
17 | | under paragraph (12) of subsection (d) of this |
18 | | Section; |
19 | | (iv) records impounded by the Department may |
20 | | be disseminated by the Department only as required |
21 | | by law or to the arresting authority, the State's |
22 | | Attorney, and the court upon a later arrest for the |
23 | | same or a similar offense or for the purpose of |
24 | | sentencing for any subsequent felony, and to the |
25 | | Department of Corrections upon conviction for any |
26 | | offense; and |
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1 | | (v) in response to an inquiry for these records |
2 | | from anyone not authorized by law to access the |
3 | | records, the court, the Department, or the agency |
4 | | receiving the inquiry shall reply as it does in |
5 | | response to inquiries when no records ever |
6 | | existed. |
7 | | (C) Upon entry of an order to seal records under |
8 | | subsection
(c), the arresting agency, any other agency |
9 | | as ordered by the court, the Department, and the court |
10 | | shall seal the records (as defined in subsection |
11 | | (a)(1)(K)). In response to an inquiry for such records, |
12 | | from anyone not authorized by law to access such |
13 | | records, the court, the Department, or the agency |
14 | | receiving such inquiry shall reply as it does in |
15 | | response to inquiries when no records ever existed. |
16 | | (D) The Department shall send written notice to the |
17 | | petitioner of its compliance with each order to expunge |
18 | | or seal records within 60 days of the date of service |
19 | | of that order or, if a motion to vacate, modify, or |
20 | | reconsider is filed, within 60 days of service of the |
21 | | order resolving the motion, if that order requires the |
22 | | Department to expunge or seal records. In the event of |
23 | | an appeal from the circuit court order, the Department |
24 | | shall send written notice to the petitioner of its |
25 | | compliance with an Appellate Court or Supreme Court |
26 | | judgment to expunge or seal records within 60 days of |
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1 | | the issuance of the court's mandate. The notice is not |
2 | | required while any motion to vacate, modify, or |
3 | | reconsider, or any appeal or petition for |
4 | | discretionary appellate review, is pending. |
5 | | (10) Fees. The Department may charge the petitioner a |
6 | | fee equivalent to the cost of processing any order to |
7 | | expunge or seal records. Notwithstanding any provision of |
8 | | the Clerks of Courts Act to the contrary, the circuit court |
9 | | clerk may charge a fee equivalent to the cost associated |
10 | | with the sealing or expungement of records by the circuit |
11 | | court clerk. From the total filing fee collected for the |
12 | | petition to seal or expunge, the circuit court clerk shall |
13 | | deposit $10 into the Circuit Court Clerk Operation and |
14 | | Administrative Fund, to be used to offset the costs |
15 | | incurred by the circuit court clerk in performing the |
16 | | additional duties required to serve the petition to seal or |
17 | | expunge on all parties. The circuit court clerk shall |
18 | | collect and forward the Department of State Police portion |
19 | | of the fee to the Department and it shall be deposited in |
20 | | the State Police Services Fund. |
21 | | (11) Final Order. No court order issued under the |
22 | | expungement or sealing provisions of this Section shall |
23 | | become final for purposes of appeal until 30 days after |
24 | | service of the order on the petitioner and all parties |
25 | | entitled to notice of the petition. |
26 | | (12) Motion to Vacate, Modify, or Reconsider. Under |
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1 | | Section 2-1203 of the Code of Civil Procedure, the |
2 | | petitioner or any party entitled to notice may file a |
3 | | motion to vacate, modify, or reconsider the order granting |
4 | | or denying the petition to expunge or seal within 60 days |
5 | | of service of the order. If filed more than 60 days after |
6 | | service of the order, a petition to vacate, modify, or |
7 | | reconsider shall comply with subsection (c) of Section |
8 | | 2-1401 of the Code of Civil Procedure. Upon filing of a |
9 | | motion to vacate, modify, or reconsider, notice of the |
10 | | motion shall be served upon the petitioner and all parties |
11 | | entitled to notice of the petition. |
12 | | (13) Effect of Order. An order granting a petition |
13 | | under the expungement or sealing provisions of this Section |
14 | | shall not be considered void because it fails to comply |
15 | | with the provisions of this Section or because of any error |
16 | | asserted in a motion to vacate, modify, or reconsider. The |
17 | | circuit court retains jurisdiction to determine whether |
18 | | the order is voidable and to vacate, modify, or reconsider |
19 | | its terms based on a motion filed under paragraph (12) of |
20 | | this subsection (d). |
21 | | (14) Compliance with Order Granting Petition to Seal |
22 | | Records. Unless a court has entered a stay of an order |
23 | | granting a petition to seal, all parties entitled to notice |
24 | | of the petition must fully comply with the terms of the |
25 | | order within 60 days of service of the order even if a |
26 | | party is seeking relief from the order through a motion |
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1 | | filed under paragraph (12) of this subsection (d) or is |
2 | | appealing the order. |
3 | | (15) Compliance with Order Granting Petition to |
4 | | Expunge Records. While a party is seeking relief from the |
5 | | order granting the petition to expunge through a motion |
6 | | filed under paragraph (12) of this subsection (d) or is |
7 | | appealing the order, and unless a court has entered a stay |
8 | | of that order, the parties entitled to notice of the |
9 | | petition must seal, but need not expunge, the records until |
10 | | there is a final order on the motion for relief or, in the |
11 | | case of an appeal, the issuance of that court's mandate. |
12 | | (16) The changes to this subsection (d) made by Public |
13 | | Act 98-163 apply to all petitions pending on August 5, 2013 |
14 | | (the effective date of Public Act 98-163) and to all orders |
15 | | ruling on a petition to expunge or seal on or after August |
16 | | 5, 2013 (the effective date of Public Act 98-163). |
17 | | (e) Whenever a person who has been convicted of an offense |
18 | | is granted
a pardon by the Governor which specifically |
19 | | authorizes expungement, he or she may,
upon verified petition |
20 | | to the Chief Judge of the circuit where the person had
been |
21 | | convicted, any judge of the circuit designated by the Chief |
22 | | Judge, or in
counties of less than 3,000,000 inhabitants, the |
23 | | presiding trial judge at the
defendant's trial, have a court |
24 | | order entered expunging the record of
arrest from the official |
25 | | records of the arresting authority and order that the
records |
26 | | of the circuit court clerk and the Department be sealed until
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1 | | further order of the court upon good cause shown or as |
2 | | otherwise provided
herein, and the name of the defendant |
3 | | obliterated from the official index
requested to be kept by the |
4 | | circuit court clerk under Section 16 of the Clerks
of Courts |
5 | | Act in connection with the arrest and conviction for the |
6 | | offense for
which he or she had been pardoned but the order |
7 | | shall not affect any index issued by
the circuit court clerk |
8 | | before the entry of the order. All records sealed by
the |
9 | | Department may be disseminated by the Department only to the |
10 | | arresting authority, the State's Attorney, and the court upon a |
11 | | later
arrest for the same or similar offense or for the purpose |
12 | | of sentencing for any
subsequent felony. Upon conviction for |
13 | | any subsequent offense, the Department
of Corrections shall |
14 | | have access to all sealed records of the Department
pertaining |
15 | | to that individual. Upon entry of the order of expungement, the
|
16 | | circuit court clerk shall promptly mail a copy of the order to |
17 | | the
person who was pardoned. |
18 | | (e-5) Whenever a person who has been convicted of an |
19 | | offense is granted a certificate of eligibility for sealing by |
20 | | the Prisoner Review Board which specifically authorizes |
21 | | sealing, he or she may, upon verified petition to the Chief |
22 | | Judge of the circuit where the person had been convicted, any |
23 | | judge of the circuit designated by the Chief Judge, or in |
24 | | counties of less than 3,000,000 inhabitants, the presiding |
25 | | trial judge at the petitioner's trial, have a court order |
26 | | entered sealing the record of arrest from the official records |
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1 | | of the arresting authority and order that the records of the |
2 | | circuit court clerk and the Department be sealed until further |
3 | | order of the court upon good cause shown or as otherwise |
4 | | provided herein, and the name of the petitioner obliterated |
5 | | from the official index requested to be kept by the circuit |
6 | | court clerk under Section 16 of the Clerks of Courts Act in |
7 | | connection with the arrest and conviction for the offense for |
8 | | which he or she had been granted the certificate but the order |
9 | | shall not affect any index issued by the circuit court clerk |
10 | | before the entry of the order. All records sealed by the |
11 | | Department may be disseminated by the Department only as |
12 | | required by this Act or to the arresting authority, a law |
13 | | enforcement agency, the State's Attorney, and the court upon a |
14 | | later arrest for the same or similar offense or for the purpose |
15 | | of sentencing for any subsequent felony. Upon conviction for |
16 | | any subsequent offense, the Department of Corrections shall |
17 | | have access to all sealed records of the Department pertaining |
18 | | to that individual. Upon entry of the order of sealing, the |
19 | | circuit court clerk shall promptly mail a copy of the order to |
20 | | the person who was granted the certificate of eligibility for |
21 | | sealing. |
22 | | (e-6) Whenever a person who has been convicted of an |
23 | | offense is granted a certificate of eligibility for expungement |
24 | | by the Prisoner Review Board which specifically authorizes |
25 | | expungement, he or she may, upon verified petition to the Chief |
26 | | Judge of the circuit where the person had been convicted, any |
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1 | | judge of the circuit designated by the Chief Judge, or in |
2 | | counties of less than 3,000,000 inhabitants, the presiding |
3 | | trial judge at the petitioner's trial, have a court order |
4 | | entered expunging the record of arrest from the official |
5 | | records of the arresting authority and order that the records |
6 | | of the circuit court clerk and the Department be sealed until |
7 | | further order of the court upon good cause shown or as |
8 | | otherwise provided herein, and the name of the petitioner |
9 | | obliterated from the official index requested to be kept by the |
10 | | circuit court clerk under Section 16 of the Clerks of Courts |
11 | | Act in connection with the arrest and conviction for the |
12 | | offense for which he or she had been granted the certificate |
13 | | but the order shall not affect any index issued by the circuit |
14 | | court clerk before the entry of the order. All records sealed |
15 | | by the Department may be disseminated by the Department only as |
16 | | required by this Act or to the arresting authority, a law |
17 | | enforcement agency, the State's Attorney, and the court upon a |
18 | | later arrest for the same or similar offense or for the purpose |
19 | | of sentencing for any subsequent felony. Upon conviction for |
20 | | any subsequent offense, the Department of Corrections shall |
21 | | have access to all expunged records of the Department |
22 | | pertaining to that individual. Upon entry of the order of |
23 | | expungement, the circuit court clerk shall promptly mail a copy |
24 | | of the order to the person who was granted the certificate of |
25 | | eligibility for expungement. |
26 | | (f) Subject to available funding, the Illinois Department
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1 | | of Corrections shall conduct a study of the impact of sealing,
|
2 | | especially on employment and recidivism rates, utilizing a
|
3 | | random sample of those who apply for the sealing of their
|
4 | | criminal records under Public Act 93-211. At the request of the
|
5 | | Illinois Department of Corrections, records of the Illinois
|
6 | | Department of Employment Security shall be utilized as
|
7 | | appropriate to assist in the study. The study shall not
|
8 | | disclose any data in a manner that would allow the
|
9 | | identification of any particular individual or employing unit.
|
10 | | The study shall be made available to the General Assembly no
|
11 | | later than September 1, 2010.
|
12 | | (Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163, |
13 | | eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635, |
14 | | eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14; |
15 | | 98-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; |
16 | | 99-385, eff. 1-1-16; revised 10-15-15.)
|
17 | | Section 15. The Metropolitan Transit Authority Act is |
18 | | amended by changing Section 28b as follows:
|
19 | | (70 ILCS 3605/28b) (from Ch. 111 2/3, par. 328b)
|
20 | | Sec. 28b. Any person applying for a position as a driver of |
21 | | a vehicle
owned by a private carrier company which provides |
22 | | public transportation
pursuant to an agreement with the |
23 | | Authority shall be required to
authorize an investigation by |
24 | | the private carrier company to determine if
the applicant has |
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1 | | been convicted of any of the following offenses: (i) those
|
2 | | offenses defined in Sections 9-1, 9-1.2, 10-1, 10-2, 10-3.1, |
3 | | 10-4, 10-5,
10-6, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, |
4 | | 11-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, |
5 | | 11-16, 11-17, 11-18, 11-19,
11-19.1, 11-19.2, 11-20, 11-20.1, |
6 | | 11-20.1B, 11-20.3, 11-21, 11-22, 11-30, 12-4.3, 12-4.4, |
7 | | 12-4.5,
12-6, 12-7.1, 12-11, 12-13, 12-14, 12-14.1,
12-15, |
8 | | 12-16, 12-16.1, 18-1, 18-2, 19-6, 20-1,
20-1.1, 31A-1, 31A-1.1, |
9 | | and 33A-2, in subsection (a) and subsection (b),
clause (1), of |
10 | | Section 12-4, in subdivisions (a)(1), (b)(1), and (f)(1) of |
11 | | Section 12-3.05, and in subsection (a-5) of Section 12-3.1 of |
12 | | the Criminal Code of 1961 or the Criminal Code of 2012; (ii) |
13 | | those
offenses defined in the Cannabis Control Act except those |
14 | | offenses defined
in subsection subsections (a) and (b) of |
15 | | Section 4, and subsection (a) of Section 5 of
the Cannabis |
16 | | Control Act (iii) those offenses defined in the Illinois
|
17 | | Controlled Substances Act; (iv) those offenses defined in the |
18 | | Methamphetamine Control and Community Protection Act; and (v) |
19 | | any offense committed or attempted in
any other state or |
20 | | against the laws of the United States, which if
committed or |
21 | | attempted in this State would be punishable as one or more of
|
22 | | the foregoing offenses. Upon receipt of this authorization, the |
23 | | private
carrier company shall submit the applicant's name, sex, |
24 | | race, date of
birth, fingerprints and social security number to |
25 | | the Department of State
Police on forms prescribed by the |
26 | | Department. The Department of State
Police shall conduct an |
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1 | | investigation to ascertain if the applicant
has been convicted |
2 | | of any of the above enumerated offenses. The Department
shall |
3 | | charge the private carrier company a fee for conducting the
|
4 | | investigation, which fee shall be deposited in the State Police |
5 | | Services
Fund and shall not exceed the cost of the inquiry; and |
6 | | the applicant shall not
be charged a fee for such investigation |
7 | | by the private carrier company.
The Department of State Police |
8 | | shall furnish, pursuant to positive
identification, records of |
9 | | convictions, until expunged, to the private
carrier company |
10 | | which requested the investigation. A copy of the record of
|
11 | | convictions obtained from the Department shall be provided to |
12 | | the applicant.
Any record of conviction received by the private |
13 | | carrier company shall be
confidential. Any person who releases |
14 | | any confidential information
concerning any criminal |
15 | | convictions of an applicant shall be guilty of a
Class A |
16 | | misdemeanor, unless authorized by this Section.
|
17 | | (Source: P.A. 96-1551, Article 1, Section 920, eff. 7-1-11; |
18 | | 96-1551, Article 2, Section 960, eff. 7-1-11; 97-1108, eff. |
19 | | 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
|
20 | | Section 20. The School Code is amended by changing Section |
21 | | 21B-80 as follows:
|
22 | | (105 ILCS 5/21B-80) |
23 | | Sec. 21B-80. Conviction of certain offenses as grounds for |
24 | | revocation of license. |
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1 | | (a) As used in this Section: |
2 | | "Narcotics offense" means any one or more of the following |
3 | | offenses: |
4 | | (1) Any offense defined in the Cannabis Control Act, |
5 | | except those defined in subsection subdivisions (a) and (b) |
6 | | of Section 4 and subsection subdivision (a) of Section 5 of |
7 | | the Cannabis Control Act and any offense for which the |
8 | | holder of a license is placed on probation under the |
9 | | provisions of Section 10 of the Cannabis Control Act, |
10 | | provided that if the terms and conditions of probation |
11 | | required by the court are not fulfilled, the offense is not |
12 | | eligible for this exception. |
13 | | (2) Any offense defined in the Illinois Controlled |
14 | | Substances Act, except any offense for which the holder of |
15 | | a license is placed on probation under the provisions of |
16 | | Section 410 of the Illinois Controlled Substances Act, |
17 | | provided that if the terms and conditions of probation |
18 | | required by the court are not fulfilled, the offense is not |
19 | | eligible for this exception. |
20 | | (3) Any offense defined in the Methamphetamine Control |
21 | | and Community Protection Act, except any offense for which |
22 | | the holder of a license is placed on probation under the |
23 | | provision of Section 70 of that Act, provided that if the |
24 | | terms and conditions of probation required by the court are |
25 | | not fulfilled, the offense is not eligible for this |
26 | | exception. |
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1 | | (4) Any attempt to commit any of the offenses listed in |
2 | | items (1) through (3) of this definition. |
3 | | (5) Any offense committed or attempted in any other |
4 | | state or against the laws of the United States that, if |
5 | | committed or attempted in this State, would have been |
6 | | punishable as one or more of the offenses listed in items |
7 | | (1) through (4) of this definition. |
8 | | The changes made by Public Act 96-431 to the definition of |
9 | | "narcotics offense" are declaratory of existing law. |
10 | | "Sex offense" means any one or more of the following |
11 | | offenses: |
12 | | (A) Any offense defined in Sections 11-6, 11-9 through |
13 | | 11-9.5, inclusive, and 11-30, of the Criminal Code of 1961 |
14 | | or the Criminal Code of 2012; Sections 11-14 through 11-21, |
15 | | inclusive, of the Criminal Code of 1961 or the Criminal |
16 | | Code of 2012; Sections 11-23 (if punished as a Class 3 |
17 | | felony), 11-24, 11-25, and 11-26 of the Criminal Code of |
18 | | 1961 or the Criminal Code of 2012; and Sections 11-1.20, |
19 | | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-4.9, 12-13, 12-14, |
20 | | 12-14.1, 12-15, 12-16, 12-32, 12-33, 12C-45, and 26-4 (if |
21 | | punished pursuant to subdivision (4) or (5) of subsection |
22 | | (d) of Section 26-4) of the Criminal Code of 1961 or the |
23 | | Criminal Code of 2012. |
24 | | (B) Any attempt to commit any of the offenses listed in |
25 | | item (A) of this definition. |
26 | | (C) Any offense committed or attempted in any other |
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1 | | state that, if committed or attempted in this State, would |
2 | | have been punishable as one or more of the offenses listed |
3 | | in items (A) and (B) of this definition. |
4 | | (b) Whenever the holder of any license issued pursuant to |
5 | | this Article has been convicted of any sex offense or narcotics |
6 | | offense, the State Superintendent of Education shall forthwith |
7 | | suspend the license. If the conviction is reversed and the |
8 | | holder is acquitted of the offense in a new trial or the |
9 | | charges against him or her are dismissed, the State |
10 | | Superintendent of Education shall forthwith terminate the |
11 | | suspension of the license. When the conviction becomes final, |
12 | | the State Superintendent of Education shall forthwith revoke |
13 | | the license. |
14 | | (c) Whenever the holder of a license issued pursuant to |
15 | | this Article has been convicted of attempting to commit, |
16 | | conspiring to commit, soliciting, or committing first degree |
17 | | murder or a Class X felony or any offense committed or |
18 | | attempted in any other state or against the laws of the United |
19 | | States that, if committed or attempted in this State, would |
20 | | have been punishable as one or more of the foregoing offenses, |
21 | | the State Superintendent of Education shall forthwith suspend |
22 | | the license. If the conviction is reversed and the holder is |
23 | | acquitted of that offense in a new trial or the charges that he |
24 | | or she committed that offense are dismissed, the State |
25 | | Superintendent of Education shall forthwith terminate the |
26 | | suspension of the license. When the conviction becomes final, |
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1 | | the State Superintendent of Education shall forthwith revoke |
2 | | the license.
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3 | | (Source: P.A. 99-58, eff. 7-16-15.)
|
4 | | Section 25. The Illinois Vehicle Code is amended by |
5 | | changing Sections 6-106.1 and 6-508 as follows:
|
6 | | (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
|
7 | | Sec. 6-106.1. School bus driver permit.
|
8 | | (a) The Secretary of State shall issue a school bus driver
|
9 | | permit to those applicants who have met all the requirements of |
10 | | the
application and screening process under this Section to |
11 | | insure the
welfare and safety of children who are transported |
12 | | on school buses
throughout the State of Illinois. Applicants |
13 | | shall obtain the
proper application required by the Secretary |
14 | | of State from their
prospective or current employer and submit |
15 | | the completed
application to the prospective or current |
16 | | employer along
with the necessary fingerprint submission as |
17 | | required by the
Department of
State Police to conduct |
18 | | fingerprint based criminal background
checks on current and |
19 | | future information available in the state
system and current |
20 | | information available through the Federal Bureau
of |
21 | | Investigation's system. Applicants who have completed the
|
22 | | fingerprinting requirements shall not be subjected to the
|
23 | | fingerprinting process when applying for subsequent permits or
|
24 | | submitting proof of successful completion of the annual |
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1 | | refresher
course. Individuals who on July 1, 1995 ( the |
2 | | effective date of Public Act 88-612) this Act possess a valid
|
3 | | school bus driver permit that has been previously issued by the |
4 | | appropriate
Regional School Superintendent are not subject to |
5 | | the fingerprinting
provisions of this Section as long as the |
6 | | permit remains valid and does not
lapse. The applicant shall be |
7 | | required to pay all related
application and fingerprinting fees |
8 | | as established by rule
including, but not limited to, the |
9 | | amounts established by the Department of
State Police and the |
10 | | Federal Bureau of Investigation to process
fingerprint based |
11 | | criminal background investigations. All fees paid for
|
12 | | fingerprint processing services under this Section shall be |
13 | | deposited into the
State Police Services Fund for the cost |
14 | | incurred in processing the fingerprint
based criminal |
15 | | background investigations. All other fees paid under this
|
16 | | Section shall be deposited into the Road
Fund for the purpose |
17 | | of defraying the costs of the Secretary of State in
|
18 | | administering this Section. All applicants must:
|
19 | | 1. be 21 years of age or older;
|
20 | | 2. possess a valid and properly classified driver's |
21 | | license
issued by the Secretary of State;
|
22 | | 3. possess a valid driver's license, which has not been
|
23 | | revoked, suspended, or canceled for 3 years immediately |
24 | | prior to
the date of application, or have not had his or |
25 | | her commercial motor vehicle
driving privileges
|
26 | | disqualified within the 3 years immediately prior to the |
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1 | | date of application;
|
2 | | 4. successfully pass a written test, administered by |
3 | | the
Secretary of State, on school bus operation, school bus |
4 | | safety, and
special traffic laws relating to school buses |
5 | | and submit to a review
of the applicant's driving habits by |
6 | | the Secretary of State at the time the
written test is |
7 | | given;
|
8 | | 5. demonstrate ability to exercise reasonable care in |
9 | | the operation of
school buses in accordance with rules |
10 | | promulgated by the Secretary of State;
|
11 | | 6. demonstrate physical fitness to operate school |
12 | | buses by
submitting the results of a medical examination, |
13 | | including tests for drug
use for each applicant not subject |
14 | | to such testing pursuant to
federal law, conducted by a |
15 | | licensed physician, a licensed advanced practice nurse, or |
16 | | a licensed physician assistant
within 90 days of the date
|
17 | | of application according to standards promulgated by the |
18 | | Secretary of State;
|
19 | | 7. affirm under penalties of perjury that he or she has |
20 | | not made a
false statement or knowingly concealed a |
21 | | material fact
in any application for permit;
|
22 | | 8. have completed an initial classroom course, |
23 | | including first aid
procedures, in school bus driver safety |
24 | | as promulgated by the Secretary of
State; and after |
25 | | satisfactory completion of said initial course an annual
|
26 | | refresher course; such courses and the agency or |
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1 | | organization conducting such
courses shall be approved by |
2 | | the Secretary of State; failure to
complete the annual |
3 | | refresher course, shall result in
cancellation of the |
4 | | permit until such course is completed;
|
5 | | 9. not have been under an order of court supervision |
6 | | for or convicted of 2 or more serious traffic offenses, as
|
7 | | defined by rule, within one year prior to the date of |
8 | | application that may
endanger the life or safety of any of |
9 | | the driver's passengers within the
duration of the permit |
10 | | period;
|
11 | | 10. not have been under an order of court supervision |
12 | | for or convicted of reckless driving, aggravated reckless |
13 | | driving, driving while under the influence of alcohol, |
14 | | other drug or drugs, intoxicating compound or compounds or |
15 | | any combination thereof, or reckless homicide resulting |
16 | | from the operation of a motor
vehicle within 3 years of the |
17 | | date of application;
|
18 | | 11. not have been convicted of committing or attempting
|
19 | | to commit any
one or more of the following offenses: (i) |
20 | | those offenses defined in
Sections 8-1.2, 9-1, 9-1.2, 9-2, |
21 | | 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, |
22 | | 10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40, |
23 | | 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, |
24 | | 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, |
25 | | 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, |
26 | | 11-19.1,
11-19.2,
11-20, 11-20.1, 11-20.1B, 11-20.3, |
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1 | | 11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6, |
2 | | 12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
|
3 | | 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.01, 12-6, 12-6.2, |
4 | | 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, |
5 | | 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, |
6 | | 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
|
7 | | 18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, |
8 | | 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, |
9 | | 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1, |
10 | | 31A-1.1,
33A-2, and 33D-1, and in subsection (b) of Section |
11 | | 8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1), |
12 | | (e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and |
13 | | in subsection (a) and subsection (b), clause (1), of |
14 | | Section
12-4, and in subsection (A), clauses (a) and (b), |
15 | | of Section 24-3, and those offenses contained in Article |
16 | | 29D of the Criminal Code of 1961 or the Criminal Code of |
17 | | 2012; (ii) those offenses defined in the
Cannabis Control |
18 | | Act except those offenses defined in subsection |
19 | | subsections (a) and
(b) of Section 4, and subsection (a) of |
20 | | Section 5 of the Cannabis Control
Act; (iii) those offenses |
21 | | defined in the Illinois Controlled Substances
Act; (iv) |
22 | | those offenses defined in the Methamphetamine Control and |
23 | | Community Protection Act; (v) any offense committed or |
24 | | attempted in any other state or against
the laws of the |
25 | | United States, which if committed or attempted in this
|
26 | | State would be punishable as one or more of the foregoing |
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1 | | offenses; (vi)
the offenses defined in Section 4.1 and 5.1 |
2 | | of the Wrongs to Children Act or Section 11-9.1A of the |
3 | | Criminal Code of 1961 or the Criminal Code of 2012; (vii) |
4 | | those offenses defined in Section 6-16 of the Liquor |
5 | | Control Act of
1934;
and (viii) those offenses defined in |
6 | | the Methamphetamine Precursor Control Act;
|
7 | | 12. not have been repeatedly involved as a driver in |
8 | | motor vehicle
collisions or been repeatedly convicted of |
9 | | offenses against
laws and ordinances regulating the |
10 | | movement of traffic, to a degree which
indicates lack of |
11 | | ability to exercise ordinary and reasonable care in the
|
12 | | safe operation of a motor vehicle or disrespect for the |
13 | | traffic laws and
the safety of other persons upon the |
14 | | highway;
|
15 | | 13. not have, through the unlawful operation of a motor
|
16 | | vehicle, caused an accident resulting in the death of any |
17 | | person;
|
18 | | 14. not have, within the last 5 years, been adjudged to |
19 | | be
afflicted with or suffering from any mental disability |
20 | | or disease; and
|
21 | | 15. consent, in writing, to the release of results of |
22 | | reasonable suspicion drug and alcohol testing under |
23 | | Section 6-106.1c of this Code by the employer of the |
24 | | applicant to the Secretary of State. |
25 | | (b) A school bus driver permit shall be valid for a period |
26 | | specified by
the Secretary of State as set forth by rule. It |
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1 | | shall be renewable upon compliance with subsection (a) of this
|
2 | | Section.
|
3 | | (c) A school bus driver permit shall contain the holder's |
4 | | driver's
license number, legal name, residence address, zip |
5 | | code, and date
of birth, a brief description of the holder and |
6 | | a space for signature. The
Secretary of State may require a |
7 | | suitable photograph of the holder.
|
8 | | (d) The employer shall be responsible for conducting a |
9 | | pre-employment
interview with prospective school bus driver |
10 | | candidates, distributing school
bus driver applications and |
11 | | medical forms to be completed by the applicant, and
submitting |
12 | | the applicant's fingerprint cards to the Department of State |
13 | | Police
that are required for the criminal background |
14 | | investigations. The employer
shall certify in writing to the |
15 | | Secretary of State that all pre-employment
conditions have been |
16 | | successfully completed including the successful completion
of |
17 | | an Illinois specific criminal background investigation through |
18 | | the
Department of State Police and the submission of necessary
|
19 | | fingerprints to the Federal Bureau of Investigation for |
20 | | criminal
history information available through the Federal |
21 | | Bureau of
Investigation system. The applicant shall present the
|
22 | | certification to the Secretary of State at the time of |
23 | | submitting
the school bus driver permit application.
|
24 | | (e) Permits shall initially be provisional upon receiving
|
25 | | certification from the employer that all pre-employment |
26 | | conditions
have been successfully completed, and upon |
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1 | | successful completion of
all training and examination |
2 | | requirements for the classification of
the vehicle to be |
3 | | operated, the Secretary of State shall
provisionally issue a |
4 | | School Bus Driver Permit. The permit shall
remain in a |
5 | | provisional status pending the completion of the
Federal Bureau |
6 | | of Investigation's criminal background investigation based
|
7 | | upon fingerprinting specimens submitted to the Federal Bureau |
8 | | of
Investigation by the Department of State Police. The Federal |
9 | | Bureau of
Investigation shall report the findings directly to |
10 | | the Secretary
of State. The Secretary of State shall remove the |
11 | | bus driver
permit from provisional status upon the applicant's |
12 | | successful
completion of the Federal Bureau of Investigation's |
13 | | criminal
background investigation.
|
14 | | (f) A school bus driver permit holder shall notify the
|
15 | | employer and the Secretary of State if he or she is issued an |
16 | | order of court supervision for or convicted in
another state of |
17 | | an offense that would make him or her ineligible
for a permit |
18 | | under subsection (a) of this Section. The
written notification |
19 | | shall be made within 5 days of the entry of
the order of court |
20 | | supervision or conviction. Failure of the permit holder to |
21 | | provide the
notification is punishable as a petty
offense for a |
22 | | first violation and a Class B misdemeanor for a
second or |
23 | | subsequent violation.
|
24 | | (g) Cancellation; suspension; notice and procedure.
|
25 | | (1) The Secretary of State shall cancel a school bus
|
26 | | driver permit of an applicant whose criminal background |
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1 | | investigation
discloses that he or she is not in compliance |
2 | | with the provisions of subsection
(a) of this Section.
|
3 | | (2) The Secretary of State shall cancel a school
bus |
4 | | driver permit when he or she receives notice that the |
5 | | permit holder fails
to comply with any provision of this |
6 | | Section or any rule promulgated for the
administration of |
7 | | this Section.
|
8 | | (3) The Secretary of State shall cancel a school bus
|
9 | | driver permit if the permit holder's restricted commercial |
10 | | or
commercial driving privileges are withdrawn or |
11 | | otherwise
invalidated.
|
12 | | (4) The Secretary of State may not issue a school bus
|
13 | | driver permit for a period of 3 years to an applicant who |
14 | | fails to
obtain a negative result on a drug test as |
15 | | required in item 6 of
subsection (a) of this Section or |
16 | | under federal law.
|
17 | | (5) The Secretary of State shall forthwith suspend
a |
18 | | school bus driver permit for a period of 3 years upon |
19 | | receiving
notice that the holder has failed to obtain a |
20 | | negative result on a
drug test as required in item 6 of |
21 | | subsection (a) of this Section
or under federal law.
|
22 | | (6) The Secretary of State shall suspend a school bus |
23 | | driver permit for a period of 3 years upon receiving notice |
24 | | from the employer that the holder failed to perform the |
25 | | inspection procedure set forth in subsection (a) or (b) of |
26 | | Section 12-816 of this Code. |
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1 | | (7) The Secretary of State shall suspend a school bus |
2 | | driver permit for a period of 3 years upon receiving notice |
3 | | from the employer that the holder refused to submit to an |
4 | | alcohol or drug test as required by Section 6-106.1c or has |
5 | | submitted to a test required by that Section which |
6 | | disclosed an alcohol concentration of more than 0.00 or |
7 | | disclosed a positive result on a National Institute on Drug |
8 | | Abuse five-drug panel, utilizing federal standards set |
9 | | forth in 49 CFR 40.87. |
10 | | The Secretary of State shall notify the State |
11 | | Superintendent
of Education and the permit holder's |
12 | | prospective or current
employer that the applicant has (1) has |
13 | | failed a criminal
background investigation or (2) is no
longer |
14 | | eligible for a school bus driver permit; and of the related
|
15 | | cancellation of the applicant's provisional school bus driver |
16 | | permit. The
cancellation shall remain in effect pending the |
17 | | outcome of a
hearing pursuant to Section 2-118 of this Code. |
18 | | The scope of the
hearing shall be limited to the issuance |
19 | | criteria contained in
subsection (a) of this Section. A |
20 | | petition requesting a
hearing shall be submitted to the |
21 | | Secretary of State and shall
contain the reason the individual |
22 | | feels he or she is entitled to a
school bus driver permit. The |
23 | | permit holder's
employer shall notify in writing to the |
24 | | Secretary of State
that the employer has certified the removal |
25 | | of the offending school
bus driver from service prior to the |
26 | | start of that school bus
driver's next workshift. An employing |
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1 | | school board that fails to
remove the offending school bus |
2 | | driver from service is
subject to the penalties defined in |
3 | | Section 3-14.23 of the School Code. A
school bus
contractor who |
4 | | violates a provision of this Section is
subject to the |
5 | | penalties defined in Section 6-106.11.
|
6 | | All valid school bus driver permits issued under this |
7 | | Section
prior to January 1, 1995, shall remain effective until |
8 | | their
expiration date unless otherwise invalidated.
|
9 | | (h) When a school bus driver permit holder who is a service |
10 | | member is called to active duty, the employer of the permit |
11 | | holder shall notify the Secretary of State, within 30 days of |
12 | | notification from the permit holder, that the permit holder has |
13 | | been called to active duty. Upon notification pursuant to this |
14 | | subsection, (i) the Secretary of State shall characterize the |
15 | | permit as inactive until a permit holder renews the permit as |
16 | | provided in subsection (i) of this Section, and (ii) if a |
17 | | permit holder fails to comply with the requirements of this |
18 | | Section while called to active duty, the Secretary of State |
19 | | shall not characterize the permit as invalid. |
20 | | (i) A school bus driver permit holder who is a service |
21 | | member returning from active duty must, within 90 days, renew a |
22 | | permit characterized as inactive pursuant to subsection (h) of |
23 | | this Section by complying with the renewal requirements of |
24 | | subsection (b) of this Section. |
25 | | (j) For purposes of subsections (h) and (i) of this |
26 | | Section: |
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1 | | "Active duty" means active duty pursuant to an executive |
2 | | order of the President of the United States, an act of the |
3 | | Congress of the United States, or an order of the Governor. |
4 | | "Service member" means a member of the Armed Services or |
5 | | reserve forces of the United States or a member of the Illinois |
6 | | National Guard. |
7 | | (k) A private carrier employer of a school bus driver |
8 | | permit holder, having satisfied the employer requirements of |
9 | | this Section, shall be held to a standard of ordinary care for |
10 | | intentional acts committed in the course of employment by the |
11 | | bus driver permit holder. This subsection (k) shall in no way |
12 | | limit the liability of the private carrier employer for |
13 | | violation of any provision of this Section or for the negligent |
14 | | hiring or retention of a school bus driver permit holder. |
15 | | (Source: P.A. 99-148, eff. 1-1-16; 99-173, eff. 7-29-15; |
16 | | revised 11-2-15.)
|
17 | | (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
|
18 | | Sec. 6-508. Commercial Driver's License (CDL) - |
19 | | qualification standards.
|
20 | | (a) Testing.
|
21 | | (1) General. No person shall be issued an original or |
22 | | renewal CDL
unless that person is
domiciled in this State |
23 | | or is applying for a non-domiciled CDL under Sections 6-509 |
24 | | and 6-510 of this Code. The Secretary shall cause to be |
25 | | administered such
tests as the Secretary deems necessary to |
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1 | | meet the requirements of 49
C.F.R. Part 383, subparts F, G, |
2 | | H, and J.
|
3 | | (1.5) Effective July 1, 2014, no person shall be issued |
4 | | an original CDL or an upgraded CDL that requires a skills |
5 | | test unless that person has held a CLP, for a minimum of 14 |
6 | | calendar days, for the classification of vehicle and |
7 | | endorsement, if any, for which the person is seeking a CDL. |
8 | | (2) Third party testing. The Secretary of State may |
9 | | authorize a
"third party tester", pursuant to 49 C.F.R. |
10 | | 383.75 and 49 C.F.R. 384.228 and 384.229, to administer the
|
11 | | skills test or tests specified by the Federal Motor Carrier |
12 | | Safety
Administration pursuant to the
Commercial Motor |
13 | | Vehicle Safety Act of 1986 and any appropriate federal |
14 | | rule.
|
15 | | (b) Waiver of Skills Test. The Secretary of State may waive |
16 | | the skills
test specified in this Section for a driver |
17 | | applicant for a commercial driver license
who meets the |
18 | | requirements of 49 C.F.R. 383.77.
The Secretary of State shall |
19 | | waive the skills tests specified in this Section for a driver |
20 | | applicant who has military commercial motor vehicle |
21 | | experience, subject to the requirements of 49 C.F.R. 383.77.
|
22 | | (b-1) No person shall be issued a CDL unless the person |
23 | | certifies to the Secretary one of the following types of |
24 | | driving operations in which he or she will be engaged: |
25 | | (1) non-excepted interstate; |
26 | | (2) non-excepted intrastate; |
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1 | | (3) excepted interstate; or |
2 | | (4) excepted intrastate. |
3 | | (b-2) (Blank). |
4 | | (c) Limitations on issuance of a CDL. A CDL shall not be |
5 | | issued to a person while the person is
subject to a |
6 | | disqualification from driving a commercial motor vehicle, or
|
7 | | unless otherwise permitted by this Code, while the person's |
8 | | driver's
license is suspended, revoked or cancelled in
any |
9 | | state, or any territory or province of Canada; nor may a CLP or |
10 | | CDL be issued
to a person who has a CLP or CDL issued by any |
11 | | other state, or foreign
jurisdiction, nor may a CDL be issued |
12 | | to a person who has an Illinois CLP unless the person first |
13 | | surrenders all of these
licenses or permits. However, a person |
14 | | may hold an Illinois CLP and an Illinois CDL providing the CLP |
15 | | is necessary to train or practice for an endorsement or vehicle |
16 | | classification not present on the current CDL. No CDL shall be |
17 | | issued to or renewed for a person who does not
meet the |
18 | | requirement of 49 CFR 391.41(b)(11). The requirement may be met |
19 | | with
the aid of a hearing aid.
|
20 | | (c-1) The Secretary may issue a CDL with a school bus |
21 | | driver endorsement
to allow a person to drive the type of bus |
22 | | described in subsection (d-5) of
Section 6-104 of this Code. |
23 | | The CDL with a school bus driver endorsement may be
issued only |
24 | | to a person meeting the following requirements:
|
25 | | (1) the person has submitted his or her fingerprints to |
26 | | the
Department of State Police in the form and manner
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1 | | prescribed by the Department of State Police. These
|
2 | | fingerprints shall be checked against the fingerprint |
3 | | records
now and hereafter filed in the Department of State |
4 | | Police and
Federal Bureau of Investigation criminal |
5 | | history records databases;
|
6 | | (2) the person has passed a written test, administered |
7 | | by the Secretary of
State, on charter bus operation, |
8 | | charter bus safety, and certain special
traffic laws
|
9 | | relating to school buses determined by the Secretary of |
10 | | State to be relevant to
charter buses, and submitted to a |
11 | | review of the driver applicant's driving
habits by the |
12 | | Secretary of State at the time the written test is given;
|
13 | | (3) the person has demonstrated physical fitness to |
14 | | operate school buses
by
submitting the results of a medical |
15 | | examination, including tests for drug
use; and
|
16 | | (4) the person has not been convicted of committing or |
17 | | attempting
to commit any
one or more of the following |
18 | | offenses: (i) those offenses defined in
Sections 8-1.2, |
19 | | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, |
20 | | 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, |
21 | | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
|
22 | | 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, |
23 | | 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, |
24 | | 11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, |
25 | | 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, |
26 | | 11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, |
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1 | | 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9, |
2 | | 12-5.01,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, |
3 | | 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, |
4 | | 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, |
5 | | 12C-45, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
|
6 | | 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, |
7 | | 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, |
8 | | 24-3.9, 31A-1, 31A-1.1,
33A-2, and 33D-1, and in subsection |
9 | | (b) of Section 8-1, and in subdivisions (a)(1), (a)(2), |
10 | | (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of |
11 | | Section 12-3.05, and in subsection (a) and subsection (b), |
12 | | clause (1), of Section
12-4, and in subsection (A), clauses |
13 | | (a) and (b), of Section 24-3, and those offenses contained |
14 | | in Article 29D of the Criminal Code of 1961 or the Criminal |
15 | | Code of 2012; (ii) those offenses defined in the
Cannabis |
16 | | Control Act except those offenses defined in subsection |
17 | | subsections (a) and
(b) of Section 4, and subsection (a) of |
18 | | Section 5 of the Cannabis Control
Act; (iii) those offenses |
19 | | defined in the Illinois Controlled Substances
Act; (iv) |
20 | | those offenses defined in the Methamphetamine Control and |
21 | | Community Protection Act; (v) any offense committed or |
22 | | attempted in any other state or against
the laws of the |
23 | | United States, which if committed or attempted in this
|
24 | | State would be punishable as one or more of the foregoing |
25 | | offenses; (vi)
the offenses defined in Sections 4.1 and 5.1 |
26 | | of the Wrongs to Children Act or Section 11-9.1A of the |
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1 | | Criminal Code of 1961 or the Criminal Code of 2012; (vii) |
2 | | those offenses defined in Section 6-16 of the Liquor |
3 | | Control Act of
1934; and (viii) those offenses defined in |
4 | | the Methamphetamine Precursor Control Act.
|
5 | | The Department of State Police shall charge
a fee for |
6 | | conducting the criminal history records check, which shall be
|
7 | | deposited into the State Police Services Fund and may not |
8 | | exceed the actual
cost of the records check.
|
9 | | (c-2) The Secretary shall issue a CDL with a school bus |
10 | | endorsement to allow a person to drive a school bus as defined |
11 | | in this Section. The CDL shall be issued according to the |
12 | | requirements outlined in 49 C.F.R. 383. A person may not |
13 | | operate a school bus as defined in this Section without a |
14 | | school bus endorsement. The Secretary of State may adopt rules |
15 | | consistent with Federal guidelines to implement this |
16 | | subsection (c-2).
|
17 | | (d) (Blank).
|
18 | | (Source: P.A. 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13; |
19 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-52, eff. |
20 | | 1-1-14; 98-176 (see Section 10 of P.A. 98-722 and Section 10 of |
21 | | P.A. 99-414 for effective date of changes made by 98-176); |
22 | | 98-756, eff. 7-16-14.)
|
23 | | Section 30. The Criminal Code of 2012 is amended by |
24 | | changing Sections 12-5.3, 16-1, 16-3, 16-25, 17-1, 17-3, |
25 | | 21-1.3, 21-3, 21.1-2, 21.1-3, 24-1, 24-1.1, and 24-3.1 as |
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1 | | follows:
|
2 | | (720 ILCS 5/12-5.3)
(was 720 ILCS 5/12-2.6)
|
3 | | Sec. 12-5.3. Use of a dangerous place for the commission of |
4 | | a controlled
substance or cannabis offense. |
5 | | (a) A person commits use of a dangerous place for the
|
6 | | commission of a
controlled substance or cannabis offense when |
7 | | that person knowingly exercises
control
over any place with the |
8 | | intent to use that place to manufacture, produce,
deliver, or
|
9 | | possess with intent to deliver a controlled or
counterfeit |
10 | | substance or controlled substance analog in violation of |
11 | | Section
401 of the Illinois Controlled Substances Act or to |
12 | | manufacture, produce,
deliver, or
possess with intent to |
13 | | deliver cannabis in violation of subsection (d), (e), (f), or |
14 | | (g) of Section 5, Section 5.1, 5.2,
or 7,
or subsection (b), |
15 | | (c), (d), or (e) of Section 8 of the Cannabis Control Act and:
|
16 | | (1) the place, by virtue of the presence of the |
17 | | substance or substances
used or intended to be used to |
18 | | manufacture a controlled or counterfeit
substance, |
19 | | controlled substance analog, or cannabis, presents a |
20 | | substantial
risk
of injury
to any
person from fire, |
21 | | explosion, or exposure to toxic or noxious chemicals or |
22 | | gas;
or
|
23 | | (2) the place used or intended to be used to |
24 | | manufacture, produce,
deliver, or
possess with intent to |
25 | | deliver a controlled or
counterfeit substance, controlled |
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1 | | substance analog, or cannabis has located
within it or
|
2 | | surrounding it devices, weapons, chemicals, or explosives |
3 | | designed, hidden, or
arranged
in
a manner that would cause |
4 | | a person to be exposed to a substantial risk of great
|
5 | | bodily harm.
|
6 | | (b) It may be inferred that a place was intended to be used |
7 | | to manufacture a
controlled or counterfeit substance or |
8 | | controlled substance analog if a
substance containing a |
9 | | controlled or counterfeit substance or controlled
substance |
10 | | analog or a substance containing a chemical important to the
|
11 | | manufacture of a controlled or counterfeit substance or |
12 | | controlled substance
analog is found at the place of the |
13 | | alleged illegal controlled substance
manufacturing in close |
14 | | proximity to equipment or a chemical used for
facilitating the |
15 | | manufacture of the controlled or counterfeit substance or
|
16 | | controlled substance analog that
is alleged to have been |
17 | | intended to be manufactured.
|
18 | | (c) As used in this Section,
"place" means a premises, |
19 | | conveyance, or location that offers
seclusion,
shelter, means, |
20 | | or facilitation for manufacturing, producing, possessing, or
|
21 | | possessing
with intent to deliver a controlled or counterfeit
|
22 | | substance,
controlled substance analog, or cannabis.
|
23 | | (d) Use of a dangerous place for the commission of a |
24 | | controlled substance
or cannabis offense is a Class 1 felony.
|
25 | | (Source: P.A. 96-1551, eff. 7-1-11 .)
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1 | | (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
|
2 | | Sec. 16-1. Theft.
|
3 | | (a) A person commits theft when he or she knowingly:
|
4 | | (1) Obtains or exerts unauthorized control over |
5 | | property of the
owner; or
|
6 | | (2) Obtains by deception control over property of the |
7 | | owner; or
|
8 | | (3) Obtains by threat control over property of the |
9 | | owner; or
|
10 | | (4) Obtains control over stolen property knowing the |
11 | | property to
have been stolen or under such circumstances as |
12 | | would
reasonably induce him or her to believe that the |
13 | | property was stolen; or
|
14 | | (5) Obtains or exerts control over property in the |
15 | | custody of any law
enforcement agency which any law |
16 | | enforcement officer or any individual acting in behalf of a |
17 | | law enforcement agency explicitly represents to the person |
18 | | as being stolen or represents to the person such |
19 | | circumstances as would reasonably induce the person to |
20 | | believe that the property was stolen, and
|
21 | | (A) Intends to deprive the owner permanently of the |
22 | | use or
benefit of the property; or
|
23 | | (B) Knowingly uses, conceals or abandons the |
24 | | property in such
manner as to deprive the owner |
25 | | permanently of such use or benefit; or
|
26 | | (C) Uses, conceals, or abandons the property |
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1 | | knowing such use,
concealment or abandonment probably |
2 | | will deprive the owner permanently
of such use or |
3 | | benefit.
|
4 | | (b) Sentence.
|
5 | | (1) Theft of property not from the person and
not |
6 | | exceeding $1,500 $500 in value is a Class B A misdemeanor.
|
7 | | (1.1) Theft of property not from the person and
not |
8 | | exceeding $1,500 $500 in value is a Class A misdemeanor 4 |
9 | | felony if the theft was committed in a
school or place of |
10 | | worship or if the theft was of governmental property.
|
11 | | (2) A person who has been convicted of theft of |
12 | | property not from the
person and not exceeding $1,500
$500 |
13 | | in value who has been
previously convicted of any type of |
14 | | theft, robbery, armed robbery,
burglary, residential |
15 | | burglary, possession of burglary tools, home
invasion, |
16 | | forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or |
17 | | 4-103.3
of the Illinois Vehicle Code relating to the |
18 | | possession of a stolen or
converted motor vehicle, or a |
19 | | violation of Section 17-36 of the Criminal Code of 1961 or |
20 | | the Criminal Code of 2012, or Section 8 of the Illinois |
21 | | Credit
Card and Debit Card Act is guilty of a Class 4 |
22 | | felony.
|
23 | | (2.5) Theft of property from the person not exceeding |
24 | | $1,500 in value, or theft of property exceeding $1,500 in |
25 | | value, and not exceeding $5,000 in value is a Class A |
26 | | misdemeanor.
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1 | | (3) (Blank).
|
2 | | (4) Theft of property from the person exceeding $1,500 |
3 | | in value but not exceeding $3,000 $500 in value, or
theft |
4 | | of
property exceeding $5,000 $500 and not exceeding $10,000 |
5 | | in value, is a
Class 4 3 felony.
|
6 | | (4.1) Theft of property from the person exceeding |
7 | | $3,000 in value but not exceeding $10,000 $500 in value, or
|
8 | | theft of property exceeding $5,000 $500 and not exceeding |
9 | | $10,000 in value, is a Class 3
2 felony if the theft was |
10 | | committed in a school or place of worship or if the theft |
11 | | was of governmental property.
|
12 | | (5) Theft of property exceeding $10,000 and not |
13 | | exceeding
$100,000 in value is a Class 3 2 felony.
|
14 | | (5.1) Theft of property exceeding $10,000 and not |
15 | | exceeding $100,000 in
value is a Class 2 1 felony
if the |
16 | | theft was committed in a school or place of worship or if |
17 | | the theft was of governmental property.
|
18 | | (6) Theft of property exceeding $100,000 and not |
19 | | exceeding $1,000,000 $500,000 in
value is a Class 2 1 |
20 | | felony.
|
21 | | (6.1) (Blank). Theft of property exceeding $100,000 in |
22 | | value is a Class X felony
if the theft was committed in a |
23 | | school or place of worship or if the theft was of |
24 | | governmental property.
|
25 | | (6.2) (Blank). Theft of property exceeding $500,000 |
26 | | and not exceeding $1,000,000 in value is a Class 1
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1 | | non-probationable
felony.
|
2 | | (6.3) Theft of property exceeding $1,000,000 in value |
3 | | is a Class X felony.
|
4 | | (7) Theft by deception, as described by paragraph (2) |
5 | | of
subsection (a) of
this Section, in which the offender |
6 | | obtained money or property valued at
$5,000 or more from a |
7 | | victim 60 years of age or older is a Class 2 felony.
|
8 | | (8) Theft by deception, as described by paragraph (2) |
9 | | of
subsection (a) of
this Section, in which the offender |
10 | | falsely poses as a landlord or agent or employee of the |
11 | | landlord and obtains a rent payment or a security deposit |
12 | | from a tenant is a Class B misdemeanor 3 felony if the rent |
13 | | payment or security deposit obtained does not exceed $500 ; |
14 | | a Class A misdemeanor if the rent payment or security |
15 | | deposit obtained exceeds $500 and does not exceed $3,000; |
16 | | and a Class 4 felony if the rent payment or security |
17 | | deposit obtained exceeds $3,000 and does not exceed $5,000 . |
18 | | (9) Theft by deception, as described by paragraph (2) |
19 | | of
subsection (a) of
this Section, in which the offender |
20 | | falsely poses as a landlord or agent or employee of the |
21 | | landlord and obtains a rent payment or a security deposit |
22 | | from a tenant is a Class 3 2 felony if the rent payment or |
23 | | security deposit obtained exceeds $5,000 $500 and does not |
24 | | exceed $10,000. |
25 | | (10) Theft by deception, as described by paragraph (2) |
26 | | of
subsection (a) of
this Section, in which the offender |
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1 | | falsely poses as a landlord or agent or employee of the |
2 | | landlord and obtains a rent payment or a security deposit |
3 | | from a tenant is a Class 2 1 felony if the rent payment or |
4 | | security deposit obtained exceeds $10,000 and does not |
5 | | exceed $100,000. |
6 | | (11) Theft by deception, as described by paragraph (2) |
7 | | of
subsection (a) of
this Section, in which the offender |
8 | | falsely poses as a landlord or agent or employee of the |
9 | | landlord and obtains a rent payment or a security deposit |
10 | | from a tenant is a Class 1 X felony if the rent payment or |
11 | | security deposit obtained exceeds $100,000. |
12 | | (c) When a charge of theft of property exceeding a |
13 | | specified value
is brought, the value of the property involved |
14 | | is an element of the offense
to be resolved by the trier of |
15 | | fact as either exceeding or not exceeding
the specified value.
|
16 | | (d) Theft by lessee; permissive inference. The trier of |
17 | | fact may infer evidence that a person intends to deprive the |
18 | | owner permanently of the use or benefit of the property (1) if |
19 | | a
lessee of the personal property of another fails to return it |
20 | | to the
owner within 10 days after written demand from the owner |
21 | | for its
return or (2) if a lessee of the personal property of |
22 | | another fails to return
it to the owner within 24 hours after |
23 | | written demand from the owner for its
return and the lessee had |
24 | | presented identification to the owner that contained
a |
25 | | materially fictitious name, address, or telephone number. A |
26 | | notice in
writing, given after the expiration of the leasing |
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1 | | agreement, addressed and
mailed, by registered mail, to the |
2 | | lessee at the address given by him and shown
on the leasing |
3 | | agreement shall constitute proper demand. |
4 | | (e) Permissive inference; evidence of intent that a person |
5 | | obtains by deception control over property. The trier of fact |
6 | | may infer that a person
"knowingly obtains by deception control |
7 | | over property of the owner" when he or she
fails to return, |
8 | | within 45 days after written demand from the owner, the
|
9 | | downpayment and any additional payments accepted under a |
10 | | promise, oral or
in writing, to perform services for the owner |
11 | | for consideration of $3,000
or more, and the promisor knowingly |
12 | | without good cause failed to
substantially perform pursuant to |
13 | | the agreement after taking a down payment
of 10% or more of the |
14 | | agreed upon consideration.
This provision shall not apply where |
15 | | the owner initiated the suspension of
performance under the |
16 | | agreement, or where the promisor responds to the
notice within |
17 | | the 45-day notice period. A notice in writing, addressed and
|
18 | | mailed, by registered mail, to the promisor at the last known |
19 | | address of
the promisor, shall constitute proper demand. |
20 | | (f) Offender's interest in the property. |
21 | | (1) It is no defense to a charge of theft of property |
22 | | that the offender
has an interest therein, when the owner |
23 | | also has an interest to which the
offender is not entitled. |
24 | | (2) Where the property involved is that of the |
25 | | offender's spouse, no
prosecution for theft may be |
26 | | maintained unless the parties were not living
together as |
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1 | | man and wife and were living in separate abodes at the time |
2 | | of
the alleged theft. |
3 | | (Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09; |
4 | | 96-1000, eff. 7-2-10; 96-1301, eff. 1-1-11; 96-1532, eff. |
5 | | 1-1-12; 96-1551, eff. 7-1-11; 97-597, eff. 1-1-12; 97-1150, |
6 | | eff. 1-25-13.)
|
7 | | (720 ILCS 5/16-3) (from Ch. 38, par. 16-3)
|
8 | | Sec. 16-3. Theft of labor or services or use of property. |
9 | | (a) A person commits theft when he or she knowingly obtains |
10 | | the temporary use
of property, labor or services of another |
11 | | which are available only for hire,
by means of threat or |
12 | | deception or knowing that such use is without the
consent of |
13 | | the person providing the property, labor or services. For the |
14 | | purposes of this subsection, library material is available for |
15 | | hire.
|
16 | | (b) A person commits theft when after renting or leasing a |
17 | | motor vehicle,
obtaining a motor vehicle through a "driveaway" |
18 | | service mode of transportation
or renting or leasing any other |
19 | | type of personal property exceeding $500 in value,
under an |
20 | | agreement in writing which provides for the return of the |
21 | | vehicle
or other personal property to a particular place at a |
22 | | particular time, he or she
without good cause knowingly fails |
23 | | to return the vehicle or other personal
property to that place |
24 | | within the time specified, and is thereafter served
or sent a |
25 | | written demand mailed to the last known address, made by |
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1 | | certified
mail return receipt requested, to return such vehicle |
2 | | or other personal
property within 3 days from the mailing of |
3 | | the written demand, and who without
good cause knowingly fails |
4 | | to return
the vehicle or any other personal property to any |
5 | | place of business of the
lessor within such period.
|
6 | | (c) A person commits theft when he or she borrows from a |
7 | | library facility library material
which has an aggregate value |
8 | | of $50 or more pursuant to an
agreement with or procedure |
9 | | established by the library
facility for the return of such |
10 | | library material, and knowingly without
good cause fails to |
11 | | return the library material so borrowed in accordance
with such |
12 | | agreement or procedure, and further knowingly without good |
13 | | cause
fails to return such library material within 30 days |
14 | | after receiving
written notice by certified mail from the |
15 | | library
facility demanding the return of such library material. |
16 | | (d) Sentence.
|
17 | | A person convicted of theft under subsection (a) is
guilty |
18 | | of a Class A misdemeanor , except that the theft of library |
19 | | material where the aggregate value exceeds $300 is a Class 3 |
20 | | felony . A person convicted of theft under subsection
(b) of |
21 | | this Section is guilty of a Class 4 felony. A person convicted |
22 | | of theft under subsection (c) is guilty of a petty offense for |
23 | | which the offender may be fined an amount not to exceed $150 |
24 | | $500 and shall be ordered to reimburse the library for postage |
25 | | costs, attorney's fees, and actual replacement costs of the |
26 | | materials not returned , except that theft under subsection (c) |
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1 | | where the aggregate value exceeds $300 is a Class 3 felony .
|
2 | | For the purpose of sentencing on theft of library material, |
3 | | separate transactions totalling more than $300 within a 90-day |
4 | | period shall constitute a single offense. |
5 | | (Source: P.A. 97-597, eff. 1-1-12.)
|
6 | | (720 ILCS 5/16-25) |
7 | | Sec. 16-25. Retail theft. |
8 | | (a) A person commits retail theft when he or she knowingly:
|
9 | | (1) Takes possession of, carries away, transfers or |
10 | | causes to be
carried away or transferred any merchandise |
11 | | displayed, held, stored or
offered for sale in a retail |
12 | | mercantile establishment with the intention
of retaining |
13 | | such merchandise or with the intention of depriving the
|
14 | | merchant permanently of the possession, use or benefit of |
15 | | such
merchandise without paying the full retail value of |
16 | | such merchandise; or
|
17 | | (2) Alters, transfers, or removes any label, price tag, |
18 | | marking,
indicia of value or any other markings which aid |
19 | | in determining value
affixed to any merchandise displayed, |
20 | | held, stored or offered for sale
in a retail mercantile |
21 | | establishment and attempts to purchase such
merchandise at |
22 | | less than the full
retail value with the intention of |
23 | | depriving the merchant of the full
retail value of such |
24 | | merchandise; or
|
25 | | (3) Transfers any merchandise displayed, held, stored |
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1 | | or offered for
sale in a retail mercantile establishment |
2 | | from the container in or on
which such merchandise is |
3 | | displayed to any other container with the
intention of |
4 | | depriving the merchant of the full retail value of such
|
5 | | merchandise; or
|
6 | | (4) Under-rings with the intention of depriving the |
7 | | merchant of the
full retail value of the merchandise; or
|
8 | | (5) Removes a shopping cart from the premises of a |
9 | | retail mercantile
establishment without the consent of the |
10 | | merchant given at the time of
such removal with the |
11 | | intention of depriving the merchant permanently of
the |
12 | | possession, use or benefit of such cart; or
|
13 | | (6) Represents to a merchant that he, she, or another |
14 | | is the lawful owner
of property, knowing that such |
15 | | representation is false, and conveys or attempts
to convey |
16 | | that property to a merchant who is the owner of the |
17 | | property in
exchange for money, merchandise credit or other |
18 | | property of the merchant; or
|
19 | | (7) Uses or possesses any theft detection shielding |
20 | | device or theft
detection device remover with the intention |
21 | | of using such device to deprive
the merchant permanently of |
22 | | the possession, use or benefit of any
merchandise |
23 | | displayed, held, stored or offered for sale in a retail
|
24 | | mercantile establishment without paying the full retail |
25 | | value of such
merchandise; or
|
26 | | (8) Obtains or exerts unauthorized control over |
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1 | | property of the owner
and thereby intends to deprive the |
2 | | owner permanently of the use or benefit
of the property |
3 | | when a lessee of the personal property of another fails to
|
4 | | return it to the owner, or if the lessee fails to pay the |
5 | | full retail value
of such property to the lessor in |
6 | | satisfaction of any contractual provision
requiring such, |
7 | | within 10 days after written demand from the owner for its
|
8 | | return. A notice in writing, given after the expiration of |
9 | | the leasing
agreement, by registered mail, to the lessee at |
10 | | the address given by the
lessee and shown on the leasing |
11 | | agreement shall constitute proper demand. |
12 | | (b) Theft by emergency exit. A person commits theft by |
13 | | emergency exit when he or she commits a retail theft as defined |
14 | | in subdivisions (a)(1) through (a)(8) of this Section and to |
15 | | facilitate the theft he or she leaves the retail mercantile |
16 | | establishment by use of a designated emergency exit. |
17 | | (c) Permissive inference. If any person:
|
18 | | (1) conceals upon his or her person or among his or her |
19 | | belongings unpurchased
merchandise displayed, held, stored |
20 | | or offered for sale in a retail
mercantile establishment; |
21 | | and
|
22 | | (2) removes that merchandise beyond the last known |
23 | | station for
receiving payments for that merchandise in that |
24 | | retail mercantile
establishment, |
25 | | then the trier of fact may infer that the person possessed, |
26 | | carried
away or transferred such merchandise with the intention |
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1 | | of retaining it
or with the intention of depriving the merchant |
2 | | permanently of the
possession, use or benefit of such |
3 | | merchandise without paying the full
retail value of such |
4 | | merchandise. |
5 | | To "conceal" merchandise means that, although there may be |
6 | | some notice of its presence, that merchandise is not visible |
7 | | through ordinary observation. |
8 | | (d) Venue. Multiple thefts committed by the same person as |
9 | | part of a continuing course of conduct in different |
10 | | jurisdictions that have been aggregated in one jurisdiction may |
11 | | be prosecuted in any jurisdiction in which one or more of the |
12 | | thefts occurred. |
13 | | (e) For the purposes of this Section, "theft detection |
14 | | shielding device" means any laminated or coated bag or device |
15 | | designed and intended to shield merchandise from detection by |
16 | | an electronic or magnetic theft alarm sensor. |
17 | | (f) Sentence. |
18 | | (1) A violation of any of subdivisions (a)(1) through |
19 | | (a)(6) and (a)(8) of this Section, the full retail
value of |
20 | | which does not exceed $1,500 $300 for property other than |
21 | | motor fuel or $1,000 $150 for motor fuel, is a Class B A |
22 | | misdemeanor. A violation of subdivision (a)(7) of this |
23 | | Section is a Class B A misdemeanor for a first offense and |
24 | | a Class A misdemeanor 4 felony for a second or subsequent |
25 | | offense. Theft by emergency exit of property, the full |
26 | | retail
value of which does not exceed $1,000 $300 , is a |
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1 | | Class A misdemeanor 4 felony .
|
2 | | (2) A person who has been convicted of retail theft of |
3 | | property under any of subdivisions (a)(1) through (a)(6) |
4 | | and (a)(8) of this Section, the
full retail value of which |
5 | | does not exceed $1,500 $300 for property other than motor |
6 | | fuel or $1,000 $150 for motor fuel, and who has been
|
7 | | previously convicted of any type of theft, robbery, armed |
8 | | robbery,
burglary, residential burglary, possession of |
9 | | burglary tools, home
invasion, unlawful use of a credit |
10 | | card, or forgery is guilty of a Class A misdemeanor 4 |
11 | | felony . A person who has been convicted of theft by |
12 | | emergency exit of property, the
full retail value of which |
13 | | does not exceed $1,000 $300 , and who has been
previously |
14 | | convicted of any type of theft, robbery, armed robbery,
|
15 | | burglary, residential burglary, possession of burglary |
16 | | tools, home
invasion, unlawful use of a credit card, or |
17 | | forgery is guilty of a Class A misdemeanor 3 felony .
|
18 | | (3) Any retail theft of property under any of |
19 | | subdivisions (a)(1) through (a)(6) and (a)(8) of this |
20 | | Section, the full retail value of
which exceeds $1,500 $300 |
21 | | for property other than motor fuel or $1,000 $150 for motor |
22 | | fuel in a single transaction, or in separate transactions |
23 | | committed by the same person as part of a continuing course |
24 | | of conduct from one or more mercantile establishments over |
25 | | a period of one year, is a Class 4 3 felony.
Theft by |
26 | | emergency exit of property, the full retail value of
which |
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1 | | exceeds $1,500 $300 in a single transaction, or in separate |
2 | | transactions committed by the same person as part of a |
3 | | continuing course of conduct from one or more mercantile |
4 | | establishments over a period of one year, is a Class 4 2 |
5 | | felony. When a charge of retail theft of property or theft |
6 | | by emergency exit of property, the full value of which
|
7 | | exceeds $1,500 $300 , is brought, the value of the property |
8 | | involved is an element
of the offense to be resolved by the |
9 | | trier of fact as either exceeding or
not exceeding $1,500 |
10 | | $300 . |
11 | | (4) Any act of retail theft as defined in subdivisions |
12 | | (a) through (e) of this Section shall be sentenced as |
13 | | retail theft. No person who is charged with retail theft |
14 | | may also be charged with burglary or theft of the same |
15 | | property.
|
16 | | (Source: P.A. 97-597, eff. 1-1-12.)
|
17 | | (720 ILCS 5/17-1) (from Ch. 38, par. 17-1) |
18 | | Sec. 17-1. Deceptive practices.
|
19 | | (A) General deception. |
20 | | A person commits a deceptive practice when,
with intent to |
21 | | defraud, the person does any of the following: |
22 | | (1) He or she knowingly causes another, by deception or |
23 | | threat,
to execute
a document disposing of property or a |
24 | | document by which a pecuniary obligation
is incurred. |
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1 | | (2) Being an officer, manager or other person |
2 | | participating in the
direction of a financial institution, |
3 | | he or she knowingly receives or
permits the receipt of a |
4 | | deposit or other investment, knowing that the
institution |
5 | | is insolvent. |
6 | | (3) He or she knowingly makes a false or
deceptive |
7 | | statement addressed to the public for the purpose of |
8 | | promoting
the sale of property or services.
|
9 | | (B) Bad checks. |
10 | | A person commits a deceptive practice when: |
11 | | (1) With intent to obtain control over property or to |
12 | | pay for
property, labor or services of another, or in |
13 | | satisfaction of an obligation
for payment of tax under the |
14 | | Retailers' Occupation Tax Act or any other tax
due to the |
15 | | State of Illinois, he or she issues or delivers a check or
|
16 | | other order upon a real or fictitious depository for the |
17 | | payment of money,
knowing that it will not be paid by the |
18 | | depository. The trier of fact may infer that the defendant |
19 | | knows that the check or other order will not be paid by the |
20 | | depository and that the defendant has acted with intent to |
21 | | defraud when the defendant fails to have
sufficient funds |
22 | | or credit with the depository when the check or other order
|
23 | | is issued or delivered, or when such check or other order |
24 | | is presented for
payment and dishonored on each of 2 |
25 | | occasions at least 7 days apart. In this
paragraph (B)(1), |
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1 | | "property" includes rental property (real or personal). |
2 | | (2) He or she issues or delivers a check or other order |
3 | | upon a real
or fictitious depository in an amount exceeding |
4 | | $1,500 $150 in payment of an amount
owed on any credit |
5 | | transaction for property, labor or services, or in
payment |
6 | | of the entire amount owed on any credit transaction for |
7 | | property,
labor or services, knowing that it will not be |
8 | | paid by the depository, and
thereafter fails to provide |
9 | | funds or credit with the depository in the face
amount of |
10 | | the check or order within 7 days of receiving actual
notice |
11 | | from the depository or payee of the dishonor of the check |
12 | | or order.
|
13 | | (C) Bank-related fraud. |
14 | | (1) False statement. |
15 | | A person commits false statement bank fraud if he or she, |
16 | | with intent to defraud, makes or causes to be
made any false |
17 | | statement in writing in order to obtain an account with
a bank |
18 | | or other financial institution, or to obtain credit from a bank |
19 | | or
other financial institution, or to obtain services from a |
20 | | currency exchange, knowing such writing to be false, and with
|
21 | | the intent that it be relied upon. |
22 | | For purposes of this subsection (C), a false statement |
23 | | means any false
statement representing identity, address, or |
24 | | employment, or the identity,
address, or employment of any |
25 | | person, firm, or corporation. |
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1 | | (2) Possession of stolen or fraudulently obtained checks. |
2 | | A person commits possession of stolen or fraudulently |
3 | | obtained checks when he or she possesses, with the intent to |
4 | | obtain access to
funds of another person held in a real or |
5 | | fictitious deposit account at a
financial institution, makes a |
6 | | false statement or a misrepresentation to the
financial |
7 | | institution, or possesses, transfers, negotiates, or presents |
8 | | for
payment a check, draft, or other item purported to direct |
9 | | the financial
institution to withdraw or pay funds out of the |
10 | | account holder's deposit
account with knowledge that such |
11 | | possession, transfer, negotiation, or
presentment is not |
12 | | authorized by the account holder or the issuing financial
|
13 | | institution. A person shall be deemed to have been
authorized |
14 | | to possess, transfer, negotiate, or present for payment such |
15 | | item
if the person was otherwise entitled by law to withdraw or |
16 | | recover funds
from the account in question and followed the |
17 | | requisite procedures under
the law. If the account holder, upon |
18 | | discovery of the
withdrawal or payment, claims that the |
19 | | withdrawal or payment was not
authorized, the financial |
20 | | institution may require the account holder to
submit an |
21 | | affidavit to that effect on a form satisfactory to the |
22 | | financial
institution before the financial institution may be |
23 | | required to credit the
account in an amount equal to the amount |
24 | | or amounts that were withdrawn
or paid without authorization. |
25 | | (3) Possession of implements of check fraud. |
26 | | A person commits possession of implements of check fraud |
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1 | | when he or she possesses, with the intent to defraud and |
2 | | without the
authority of the account holder or financial |
3 | | institution, any check
imprinter, signature imprinter, or |
4 | | "certified" stamp.
|
5 | | (D) Sentence. |
6 | | (1) The commission of a deceptive practice in violation |
7 | | of this Section, except as otherwise provided by this |
8 | | subsection (D), is a Class A misdemeanor. |
9 | | (2) For purposes of paragraphs (A)(1) and (B)(1): |
10 | | (a) The commission of a deceptive practice in |
11 | | violation of paragraph (A)(1) or (B)(1), when the value |
12 | | of the property so obtained, in a single transaction or |
13 | | in separate transactions within a 90-day period, |
14 | | exceeds $1,500 $150 , is a Class A misdemeanor 4 felony . |
15 | | In the case of a prosecution for separate transactions |
16 | | totaling more than $1,500 $150 within a 90-day period, |
17 | | those separate transactions shall be alleged in a |
18 | | single charge and prosecuted in a single prosecution. |
19 | | (b) The commission of a deceptive practice in |
20 | | violation of paragraph (B)(1) a second or subsequent |
21 | | time is a Class 4 felony. |
22 | | (3) For purposes of paragraph (C)(2), a person who, |
23 | | within any 12-month period, violates paragraph (C)(2) with |
24 | | respect to 3 or more checks or orders for the payment of |
25 | | money at the same time or consecutively, each the property |
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1 | | of a different account holder or financial institution, is |
2 | | guilty of a Class 4 felony. |
3 | | (4) For purposes of paragraph (C)(3), a person who |
4 | | within any 12-month period violates paragraph (C)(3) as to |
5 | | possession of 3 or more such devices at the same time or |
6 | | consecutively is guilty of a Class 4 felony.
|
7 | | (E) Civil liability. A person who issues a check or order |
8 | | to a payee in violation of paragraph (B)(1) and who fails to |
9 | | pay the amount of the check or order to the payee within 30 |
10 | | days following either delivery and acceptance by the addressee |
11 | | of a written demand both by certified mail and by first class |
12 | | mail to the person's last known address or attempted delivery |
13 | | of a written demand sent both by certified mail and by first |
14 | | class mail to the person's last known address and the demand by |
15 | | certified mail is returned to the sender with a notation that |
16 | | delivery was refused or unclaimed shall be liable to the payee |
17 | | or a person subrogated to the rights of the payee for, in |
18 | | addition to the amount owing upon such check or order, damages |
19 | | of treble the amount so owing, but in no case less than $100 |
20 | | nor more than $1,500, plus attorney's fees and court costs. An |
21 | | action under this subsection (E) may be brought in small claims |
22 | | court or in any other appropriate court. As part of the written |
23 | | demand required by this subsection (E), the plaintiff shall |
24 | | provide written notice to the defendant of the fact that prior |
25 | | to the hearing of any action under this subsection (E), the |
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1 | | defendant may tender to the plaintiff and the plaintiff shall |
2 | | accept, as satisfaction of the claim, an amount of money equal |
3 | | to the sum of the amount of the check and the incurred court |
4 | | costs, including the cost of service of process, and attorney's |
5 | | fees. |
6 | | (Source: P.A. 96-1432, eff. 1-1-11; 96-1551, eff. 7-1-11 .)
|
7 | | (720 ILCS 5/17-3) (from Ch. 38, par. 17-3)
|
8 | | Sec. 17-3. Forgery.
|
9 | | (a) A person commits forgery when, with intent to defraud, |
10 | | he or she knowingly:
|
11 | | (1) makes a false document or alters any document to |
12 | | make it false and that document is apparently capable of |
13 | | defrauding
another; or
|
14 | | (2) issues or delivers such document knowing it to have |
15 | | been thus
made or altered; or
|
16 | | (3) possesses, with intent to issue or deliver, any |
17 | | such document
knowing it to have been thus made or altered; |
18 | | or
|
19 | | (4) unlawfully uses the digital signature, as defined |
20 | | in the Financial
Institutions Electronic Documents and |
21 | | Digital Signature Act, of another; or
|
22 | | (5) unlawfully uses the signature device of another to |
23 | | create
an electronic signature of that other person, as |
24 | | those terms are defined in the
Electronic Commerce Security |
25 | | Act.
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1 | | (b) (Blank).
|
2 | | (c) A document apparently capable of defrauding another |
3 | | includes, but is
not limited to, one by which any right, |
4 | | obligation or power with reference
to any person or property |
5 | | may be created, transferred, altered or
terminated. A document |
6 | | includes any record or electronic record as those
terms are |
7 | | defined in the Electronic Commerce Security Act. For purposes |
8 | | of this Section, a document also includes a Universal Price |
9 | | Code Label or coin.
|
10 | | (c-5) For purposes of this Section, "false document" or |
11 | | "document that is false" includes, but is not limited to, a |
12 | | document whose contents are false in some material way, or that |
13 | | purports to have been made by another or at another time, or |
14 | | with different provisions, or by authority of one who did not |
15 | | give such authority. |
16 | | (d) Sentence.
|
17 | | (1) Except as provided in paragraphs (2) and (3), |
18 | | forgery in an amount not exceeding $1,500 is a Class A |
19 | | misdemeanor and in an amount exceeding $1,500 is a Class 4 |
20 | | 3 felony. |
21 | | (2) Forgery is a Class 4 felony when only one Universal |
22 | | Price Code Label is forged. |
23 | | (3) Forgery is a Class A misdemeanor when an academic |
24 | | degree or coin is forged.
|
25 | | (e) It is not a violation of this Section if a false |
26 | | academic degree explicitly states "for novelty purposes only". |
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1 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-231, eff. 1-1-12; |
2 | | 97-1109, eff. 1-1-13.)
|
3 | | (720 ILCS 5/21-1.3)
|
4 | | Sec. 21-1.3. Criminal defacement of property.
|
5 | | (a) A person commits criminal defacement of property when |
6 | | the person
knowingly damages the property of another by
|
7 | | defacing, deforming, or otherwise damaging the property by the |
8 | | use of paint or
any other similar substance, or by the use of a |
9 | | writing instrument, etching
tool, or any other similar device. |
10 | | It is an affirmative defense to a violation of this Section |
11 | | that the owner of the property damaged consented to such |
12 | | damage.
|
13 | | (b) Sentence. |
14 | | (1) Criminal defacement of property is a petty offense |
15 | | Class A misdemeanor for a
first offense and a Class C |
16 | | misdemeanor for a second or subsequent offense when the |
17 | | aggregate value of the damage to the property does not |
18 | | exceed $300. Criminal
defacement of property is a Class C |
19 | | misdemeanor for a first offense and a Class A misdemeanor |
20 | | for a second or subsequent offense 4 felony when the |
21 | | aggregate value of the damage to property does not
exceed |
22 | | $300 and the property damaged is a school building or place |
23 | | of
worship or property which memorializes or honors an |
24 | | individual or group of police officers, fire fighters, |
25 | | members of the United States Armed Forces or National |
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1 | | Guard, or veterans. Criminal
defacement of property is a |
2 | | Class C misdemeanor for a first conviction and a Class A |
3 | | misdemeanor 4 felony for a second or subsequent
conviction |
4 | | or when the aggregate value of the damage to the property |
5 | | exceeds $300.
Criminal defacement of property is a Class B |
6 | | misdemeanor for a first offense and a Class A misdemeanor |
7 | | for a second offense 3 felony when the aggregate value of |
8 | | the damage to property
exceeds $300 and the property |
9 | | damaged is a school building or place of
worship or |
10 | | property which memorializes or honors an individual or |
11 | | group of police officers, fire fighters, members of the |
12 | | United States Armed Forces or National Guard, or veterans.
|
13 | | (2) In addition to any other sentence that may be |
14 | | imposed
for a violation of this Section,
a person convicted |
15 | | of
criminal defacement of
property shall: |
16 | | (A) pay the
actual costs incurred
by the property |
17 | | owner or the unit of government to abate, remediate,
|
18 | | repair, or remove the effect of the damage to the |
19 | | property. To the extent
permitted by law, |
20 | | reimbursement for the costs of abatement, remediation,
|
21 | | repair, or removal shall be payable to the person who |
22 | | incurred the costs; and |
23 | | (B) (blank). if convicted of criminal defacement |
24 | | of property that is chargeable as a Class 3 or Class 4 |
25 | | felony, pay a mandatory minimum fine of $500.
|
26 | | (3) In addition to any
other sentence that may be |
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1 | | imposed, a court shall order any person convicted of
|
2 | | criminal defacement of property to perform community |
3 | | service for not less than
30 and not more than 120 hours, |
4 | | if community service is available in the
jurisdiction. The |
5 | | community service shall include, but need
not be limited |
6 | | to, the cleanup and repair of the damage to property that |
7 | | was
caused by the offense, or similar damage to property |
8 | | located in the
municipality or county in which the offense |
9 | | occurred.
When the property damaged is a school building, |
10 | | the community service may
include cleanup, removal, or |
11 | | painting over the defacement.
In addition, whenever any
|
12 | | person is placed on supervision for an alleged offense |
13 | | under this Section, the
supervision shall be conditioned
|
14 | | upon the performance of the community service. |
15 | | (4) For the purposes of this subsection (b), aggregate |
16 | | value shall be determined by adding the value of the damage |
17 | | to one or more properties if the offenses were committed as |
18 | | part of a single course of conduct.
|
19 | | (Source: P.A. 97-1108, eff. 1-1-13; 98-315, eff. 1-1-14; |
20 | | 98-466, eff. 8-16-13; 98-756, eff. 7-16-14.)
|
21 | | (720 ILCS 5/21-3) (from Ch. 38, par. 21-3)
|
22 | | Sec. 21-3. Criminal trespass to real property.
|
23 | | (a) A person commits criminal trespass to real property |
24 | | when he or she:
|
25 | | (1) knowingly and without lawful authority enters or |
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1 | | remains within or on
a building;
|
2 | | (2) enters upon the land of another, after receiving, |
3 | | prior to the entry,
notice from the owner or occupant that |
4 | | the entry is forbidden;
|
5 | | (3) remains upon the land of another, after receiving |
6 | | notice from the
owner or occupant to depart;
|
7 | | (3.5) presents false documents or falsely represents |
8 | | his or her identity orally to the owner or occupant of a |
9 | | building or land in order to obtain permission from the |
10 | | owner or occupant to enter or remain in the building or on |
11 | | the land; |
12 | | (3.7) intentionally removes a notice posted on |
13 | | residential real estate as required by subsection (l) of |
14 | | Section 15-1505.8 of Article XV of the Code of Civil |
15 | | Procedure before the date and time set forth in the notice; |
16 | | or |
17 | | (4) enters a field used or capable of being used for |
18 | | growing crops, an enclosed area containing livestock, an |
19 | | agricultural building containing livestock, or an orchard |
20 | | in or on a motor vehicle (including an off-road vehicle, |
21 | | motorcycle, moped, or any other powered two-wheel vehicle) |
22 | | after receiving, prior to the entry, notice from the owner |
23 | | or occupant that the entry is forbidden or remains upon or |
24 | | in the area after receiving notice from the owner or |
25 | | occupant to depart. |
26 | | For purposes of item (1) of this subsection, this Section |
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1 | | shall not apply
to being in a building which is open to the |
2 | | public while the building is open
to the public during its |
3 | | normal hours of operation; nor shall this Section
apply to a |
4 | | person who enters a public building under the reasonable belief |
5 | | that
the building is still open to the public.
|
6 | | (b) A person has received notice from the owner or occupant |
7 | | within the
meaning of Subsection (a) if he or she has been |
8 | | notified personally, either orally
or in writing including a |
9 | | valid court order as defined by subsection (7)
of Section |
10 | | 112A-3 of the Code of Criminal Procedure of 1963 granting |
11 | | remedy
(2) of subsection (b) of Section 112A-14 of that Code, |
12 | | or if a printed or
written notice forbidding such entry has |
13 | | been conspicuously posted or
exhibited at the main entrance to |
14 | | the land or the forbidden part thereof.
|
15 | | (b-5) Subject to the provisions of subsection (b-10), as an |
16 | | alternative to the posting of real property as set forth in |
17 | | subsection (b), the owner or lessee of any real property may |
18 | | post the property by placing identifying purple marks on trees |
19 | | or posts around the area to be posted. Each purple mark shall |
20 | | be: |
21 | | (1) A vertical line of at least 8 inches in length and |
22 | | the bottom of the mark shall be no less than 3 feet nor |
23 | | more than 5 feet high. Such marks shall be placed no more |
24 | | than 100 feet apart and shall be readily visible to any |
25 | | person approaching the property; or |
26 | | (2) A post capped or otherwise marked on at least its |
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1 | | top 2 inches. The bottom of the cap or mark shall be not |
2 | | less than 3 feet but not more than 5 feet 6 inches high. |
3 | | Posts so marked shall be placed not more than 36 feet apart |
4 | | and shall be readily visible to any person approaching the |
5 | | property. Prior to applying a cap or mark which is visible |
6 | | from both sides of a fence shared by different property |
7 | | owners or lessees, all such owners or lessees shall concur |
8 | | in the decision to post their own property. |
9 | | Nothing in this subsection (b-5) shall be construed to |
10 | | authorize the owner or lessee of any real property to place any |
11 | | purple marks on any tree or post or to install any post or |
12 | | fence if doing so would violate any applicable law, rule, |
13 | | ordinance, order, covenant, bylaw, declaration, regulation, |
14 | | restriction, contract, or instrument. |
15 | | (b-10) Any owner or lessee who marks his or her real |
16 | | property using the method described in subsection (b-5) must |
17 | | also provide notice as described in subsection (b) of this |
18 | | Section. The public of this State shall be informed of the |
19 | | provisions of subsection (b-5) of this Section by the Illinois |
20 | | Department of Agriculture and the Illinois Department of |
21 | | Natural Resources. These Departments shall conduct an |
22 | | information campaign for the general public concerning the |
23 | | interpretation and implementation of subsection (b-5). The |
24 | | information shall inform the public about the marking |
25 | | requirements and the applicability of subsection (b-5) |
26 | | including information regarding the size requirements of the |
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1 | | markings as well as the manner in which the markings shall be |
2 | | displayed. The Departments shall also include information |
3 | | regarding the requirement that, until the date this subsection |
4 | | becomes inoperative, any owner or lessee who chooses to mark |
5 | | his or her property using paint, must also comply with one of |
6 | | the notice requirements listed in subsection (b). The |
7 | | Departments may prepare a brochure or may disseminate the |
8 | | information through agency websites. Non-governmental |
9 | | organizations including, but not limited to, the Illinois |
10 | | Forestry Association, Illinois Tree Farm and the Walnut Council |
11 | | may help to disseminate the information regarding the |
12 | | requirements and applicability of subsection (b-5) based on |
13 | | materials provided by the Departments. This subsection (b-10) |
14 | | is inoperative on and after January 1, 2013.
|
15 | | (b-15) Subsections (b-5) and (b-10) do not apply to real |
16 | | property located in a municipality of over 2,000,000 |
17 | | inhabitants. |
18 | | (c) This Section does not apply to any person, whether a |
19 | | migrant worker
or otherwise, living on the land with permission |
20 | | of the owner or of his
or her agent having apparent authority |
21 | | to hire workers on this land and assign
them living quarters or |
22 | | a place of accommodations for living thereon, nor
to anyone |
23 | | living on the land at the request of, or by occupancy, leasing
|
24 | | or other agreement or arrangement with the owner or his or her |
25 | | agent, nor to
anyone invited by the migrant worker or other |
26 | | person so living on the
land to visit him or her at the place he |
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1 | | is so living upon the land.
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2 | | (d) A person shall be exempt from prosecution under this |
3 | | Section if
he or she beautifies unoccupied and abandoned |
4 | | residential and industrial properties
located within any |
5 | | municipality. For the purpose of this subsection,
"unoccupied |
6 | | and abandoned residential and industrial property" means any
|
7 | | real estate (1) in which the taxes have not been paid for a |
8 | | period of at
least 2 years; and (2) which has been left |
9 | | unoccupied and abandoned for a
period of at least one year; and |
10 | | "beautifies" means to landscape, clean up
litter, or to repair |
11 | | dilapidated conditions on or to board up windows
and doors.
|
12 | | (e) No person shall be liable in any civil action for money |
13 | | damages
to the owner of unoccupied and abandoned residential |
14 | | and industrial property
which that person beautifies pursuant |
15 | | to subsection (d) of this Section.
|
16 | | (e-5) Mortgagee or agent of the mortgagee exceptions. |
17 | | (1) A mortgagee or agent of the mortgagee shall be |
18 | | exempt from prosecution for criminal trespass for |
19 | | entering, securing, or maintaining an abandoned |
20 | | residential property. |
21 | | (2) No mortgagee or agent of the mortgagee shall be |
22 | | liable to the mortgagor or other owner of an abandoned |
23 | | residential property in any civil action for negligence or |
24 | | civil trespass in connection with entering, securing, or |
25 | | maintaining the abandoned residential property. |
26 | | (3) For the purpose of this subsection (e-5) only, |
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1 | | "abandoned residential property" means mortgaged real |
2 | | estate that the mortgagee or agent of the mortgagee |
3 | | determines in good faith meets the definition of abandoned |
4 | | residential property set forth in Section 15-1200.5 of |
5 | | Article XV of the Code of Civil Procedure. |
6 | | (f) This Section does not prohibit a person from entering a |
7 | | building or
upon the land of another for emergency purposes. |
8 | | For purposes of this
subsection (f), "emergency" means a |
9 | | condition or circumstance in which an
individual is or is |
10 | | reasonably believed by the person to be in imminent danger
of |
11 | | serious bodily harm or in which property is or is reasonably |
12 | | believed to be
in imminent danger of damage or destruction.
|
13 | | (g) Paragraph (3.5) of subsection (a) does not apply to a |
14 | | peace officer or other official of a unit of government who |
15 | | enters a building or land in the performance of his or her |
16 | | official duties.
|
17 | | (h) Sentence. A violation of subdivision (a)(1), (a)(2), |
18 | | (a)(3), or (a)(3.5) is a Class B misdemeanor , unless the person |
19 | | violating subdivision (a)(1), (a)(2), (a)(3), or (a)(3.5) is |
20 | | homeless, and then the violation is a petty offense . A |
21 | | violation of subdivision (a)(4) is a Class A misdemeanor. |
22 | | (i) Civil liability. A person may be liable in any civil |
23 | | action for money damages to the owner of the land he or she |
24 | | entered upon with a motor vehicle as prohibited under paragraph |
25 | | (4) of subsection (a) of this Section. A person may also be |
26 | | liable to the owner for court costs and reasonable attorney's |
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1 | | fees. The measure of damages shall be: (i) the actual damages, |
2 | | but not less than $250, if the vehicle is operated in a nature |
3 | | preserve or registered area as defined in Sections 3.11 and |
4 | | 3.14 of the Illinois Natural Areas Preservation Act; (ii) twice |
5 | | the actual damages if the owner has previously notified the |
6 | | person to cease trespassing; or (iii) in any other case, the |
7 | | actual damages, but not less than $50. If the person operating |
8 | | the vehicle is under the age of 16, the owner of the vehicle |
9 | | and the parent or legal guardian of the minor are jointly and |
10 | | severally liable. For the purposes of this subsection (i): |
11 | | "Land" includes, but is not limited to, land used for |
12 | | crop land, fallow land, orchard, pasture, feed lot, timber |
13 | | land, prairie land, mine spoil nature preserves and |
14 | | registered areas. "Land" does not include driveways or |
15 | | private roadways upon which the owner allows the public to |
16 | | drive.
|
17 | | "Owner" means the person who has the right to |
18 | | possession of the land, including the owner, operator or |
19 | | tenant.
|
20 | | "Vehicle" has the same meaning as provided under |
21 | | Section 1-217 of the Illinois Vehicle Code.
|
22 | | (j) This Section does not apply to the following persons |
23 | | while serving process: |
24 | | (1) a person authorized to serve process under Section |
25 | | 2-202 of the Code of Civil Procedure; or |
26 | | (2) a special process server appointed by the circuit |
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1 | | court. |
2 | | (Source: P.A. 97-184, eff. 7-22-11; 97-477, eff. 8-22-11; |
3 | | 97-813, eff. 7-13-12; 97-1108, eff. 1-1-13; 97-1164, eff. |
4 | | 6-1-13 .)
|
5 | | (720 ILCS 5/21.1-2) (from Ch. 38, par. 21.1-2)
|
6 | | Sec. 21.1-2. Residential picketing. A person commits |
7 | | residential picketing when he or she pickets before or about |
8 | | the residence
or dwelling of any person, except when the |
9 | | residence or dwelling is used
as a place of business or is the |
10 | | residence of an elected official . This Article does not apply |
11 | | to a person
peacefully picketing his own residence or dwelling |
12 | | and does not prohibit
the peaceful picketing of the place of |
13 | | holding a meeting or assembly on premises
commonly used to |
14 | | discuss subjects of general public interest.
|
15 | | (Source: P.A. 97-1108, eff. 1-1-13.)
|
16 | | (720 ILCS 5/21.1-3) (from Ch. 38, par. 21.1-3)
|
17 | | Sec. 21.1-3. Sentence. Violation of Section 21.1-2 is a |
18 | | petty offense Class B misdemeanor .
|
19 | | (Source: P.A. 77-2638.)
|
20 | | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
|
21 | | Sec. 24-1. Unlawful use of weapons.
|
22 | | (a) A person commits the offense of unlawful use of weapons |
23 | | when
he knowingly:
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1 | | (1) Sells, manufactures, purchases, possesses or |
2 | | carries any bludgeon,
black-jack, slung-shot, sand-club, |
3 | | sand-bag, metal knuckles or other knuckle weapon |
4 | | regardless of its composition, throwing star,
or any knife, |
5 | | commonly referred to as a switchblade knife, which has a
|
6 | | blade that opens automatically by hand pressure applied to |
7 | | a button,
spring or other device in the handle of the |
8 | | knife, or a ballistic knife,
which is a device that propels |
9 | | a knifelike blade as a projectile by means
of a coil |
10 | | spring, elastic material or compressed gas; or
|
11 | | (2) Carries or possesses with intent to use the same |
12 | | unlawfully
against another, a dagger, dirk, billy, |
13 | | dangerous knife, razor,
stiletto, broken bottle or other |
14 | | piece of glass, stun gun or taser or
any other dangerous or |
15 | | deadly weapon or instrument of like character; or
|
16 | | (3) Carries on or about his person or in any vehicle, a |
17 | | tear gas gun
projector or bomb or any object containing |
18 | | noxious liquid gas or
substance, other than an object |
19 | | containing a non-lethal noxious liquid gas
or substance |
20 | | designed solely for personal defense carried by a person 18
|
21 | | years of age or older; or
|
22 | | (4) Carries or possesses in any vehicle or concealed on |
23 | | or about his
person except when on his land or in his own |
24 | | abode, legal dwelling, or fixed place of
business, or on |
25 | | the land or in the legal dwelling of another person as an |
26 | | invitee with that person's permission, any pistol, |
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1 | | revolver, stun gun or taser or other firearm, except
that
|
2 | | this subsection (a) (4) does not apply to or affect |
3 | | transportation of weapons
that meet one of the following |
4 | | conditions:
|
5 | | (i) are broken down in a non-functioning state; or
|
6 | | (ii) are not immediately accessible; or
|
7 | | (iii) are unloaded and enclosed in a case, firearm |
8 | | carrying box,
shipping box, or other container by a |
9 | | person who has been issued a currently
valid Firearm |
10 | | Owner's
Identification Card; or |
11 | | (iv) are carried or possessed in accordance with |
12 | | the Firearm Concealed Carry Act by a person who has |
13 | | been issued a currently valid license under the Firearm |
14 | | Concealed Carry Act; or
|
15 | | (5) Sets a spring gun; or
|
16 | | (6) Possesses any device or attachment of any kind |
17 | | designed, used or
intended for use in silencing the report |
18 | | of any firearm; or
|
19 | | (7) Sells, manufactures, purchases, possesses or |
20 | | carries:
|
21 | | (i) a machine gun, which shall be defined for the |
22 | | purposes of this
subsection as any weapon,
which |
23 | | shoots, is designed to shoot, or can be readily |
24 | | restored to shoot,
automatically more than one shot |
25 | | without manually reloading by a single
function of the |
26 | | trigger, including the frame or receiver
of any such |
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1 | | weapon, or sells, manufactures, purchases, possesses, |
2 | | or
carries any combination of parts designed or |
3 | | intended for
use in converting any weapon into a |
4 | | machine gun, or any combination or
parts from which a |
5 | | machine gun can be assembled if such parts are in the
|
6 | | possession or under the control of a person;
|
7 | | (ii) any rifle having one or
more barrels less than |
8 | | 16 inches in length or a shotgun having one or more
|
9 | | barrels less than 18 inches in length or any weapon |
10 | | made from a rifle or
shotgun, whether by alteration, |
11 | | modification, or otherwise, if such a weapon
as |
12 | | modified has an overall length of less than 26 inches; |
13 | | or
|
14 | | (iii) any
bomb, bomb-shell, grenade, bottle or |
15 | | other container containing an
explosive substance of |
16 | | over one-quarter ounce for like purposes, such
as, but |
17 | | not limited to, black powder bombs and Molotov |
18 | | cocktails or
artillery projectiles; or
|
19 | | (8) Carries or possesses any firearm, stun gun or taser |
20 | | or other
deadly weapon in any place which is licensed to |
21 | | sell intoxicating
beverages, or at any public gathering |
22 | | held pursuant to a license issued
by any governmental body |
23 | | or any public gathering at which an admission
is charged, |
24 | | excluding a place where a showing, demonstration or lecture
|
25 | | involving the exhibition of unloaded firearms is |
26 | | conducted.
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1 | | This subsection (a)(8) does not apply to any auction or |
2 | | raffle of a firearm
held pursuant to
a license or permit |
3 | | issued by a governmental body, nor does it apply to persons
|
4 | | engaged
in firearm safety training courses; or
|
5 | | (9) Carries or possesses in a vehicle or on or about |
6 | | his person any
pistol, revolver, stun gun or taser or |
7 | | firearm or ballistic knife, when
he is hooded, robed or |
8 | | masked in such manner as to conceal his identity; or
|
9 | | (10) Carries or possesses on or about his person, upon |
10 | | any public street,
alley, or other public lands within the |
11 | | corporate limits of a city, village
or incorporated town, |
12 | | except when an invitee thereon or therein, for the
purpose |
13 | | of the display of such weapon or the lawful commerce in |
14 | | weapons, or
except when on his land or in his own abode, |
15 | | legal dwelling, or fixed place of business, or on the land |
16 | | or in the legal dwelling of another person as an invitee |
17 | | with that person's permission, any
pistol, revolver, stun |
18 | | gun or taser or other firearm, except that this
subsection |
19 | | (a) (10) does not apply to or affect transportation of |
20 | | weapons that
meet one of the following conditions:
|
21 | | (i) are broken down in a non-functioning state; or
|
22 | | (ii) are not immediately accessible; or
|
23 | | (iii) are unloaded and enclosed in a case, firearm |
24 | | carrying box,
shipping box, or other container by a |
25 | | person who has been issued a currently
valid Firearm |
26 | | Owner's
Identification Card; or
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1 | | (iv) are carried or possessed in accordance with |
2 | | the Firearm Concealed Carry Act by a person who has |
3 | | been issued a currently valid license under the Firearm |
4 | | Concealed Carry Act. |
5 | | A "stun gun or taser", as used in this paragraph (a) |
6 | | means (i) any device
which is powered by electrical |
7 | | charging units, such as, batteries, and
which fires one or |
8 | | several barbs attached to a length of wire and
which, upon |
9 | | hitting a human, can send out a current capable of |
10 | | disrupting
the person's nervous system in such a manner as |
11 | | to render him incapable of
normal functioning or (ii) any |
12 | | device which is powered by electrical
charging units, such |
13 | | as batteries, and which, upon contact with a human or
|
14 | | clothing worn by a human, can send out current capable of |
15 | | disrupting
the person's nervous system in such a manner as |
16 | | to render him incapable
of normal functioning; or
|
17 | | (11) Sells, manufactures or purchases any explosive |
18 | | bullet. For purposes
of this paragraph (a) "explosive |
19 | | bullet" means the projectile portion of
an ammunition |
20 | | cartridge which contains or carries an explosive charge |
21 | | which
will explode upon contact with the flesh of a human |
22 | | or an animal.
"Cartridge" means a tubular metal case having |
23 | | a projectile affixed at the
front thereof and a cap or |
24 | | primer at the rear end thereof, with the
propellant |
25 | | contained in such tube between the projectile and the cap; |
26 | | or
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1 | | (12) (Blank); or
|
2 | | (13) Carries or possesses on or about his or her person |
3 | | while in a building occupied by a unit of government, a |
4 | | billy club, other weapon of like character, or other |
5 | | instrument of like character intended for use as a weapon. |
6 | | For the purposes of this Section, "billy club" means a |
7 | | short stick or club commonly carried by police officers |
8 | | which is either telescopic or constructed of a solid piece |
9 | | of wood or other man-made material. |
10 | | (b) Sentence. A person convicted of a violation of |
11 | | subsection 24-1(a)(1)
commits a petty offense. A person |
12 | | convicted of a violation of subsection 24-1 (a)(4) or through |
13 | | (5), subsection 24-1(a)(10) commits a Class C misdemeanor. A |
14 | | person convicted of a violation of subsection 24-1(a)(2), |
15 | | subsection 24-1(a)(3), subsection 24-1(a)(5) ,
subsection |
16 | | 24-1(a)(11), or subsection 24-1(a)(13) commits a Class A
|
17 | | misdemeanor.
A person convicted of a violation of subsection
|
18 | | 24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a person
|
19 | | convicted of a violation of subsection 24-1(a)(6) or |
20 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person |
21 | | convicted of a violation of subsection
24-1(a)(7)(i) commits a |
22 | | Class 2 felony and shall be sentenced to a term of imprisonment |
23 | | of not less than 3 years and not more than 7 years , unless the |
24 | | weapon is possessed in the
passenger compartment of a motor |
25 | | vehicle as defined in Section 1-146 of the
Illinois Vehicle |
26 | | Code, or on the person, while the weapon is loaded, in which
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1 | | case it shall be a Class X felony. A person convicted of a
|
2 | | second or subsequent violation of subsection 24-1(a)(4), |
3 | | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 |
4 | | felony. The possession of each weapon in violation of this |
5 | | Section constitutes a single and separate violation.
|
6 | | (c) Violations in specific places.
|
7 | | (1) A person who violates subsection 24-1(a)(6) or |
8 | | 24-1(a)(7) in any
school, regardless of the time of day or |
9 | | the time of year, in residential
property owned, operated |
10 | | or managed by a public housing agency or
leased by
a public |
11 | | housing agency as part of a scattered site or mixed-income
|
12 | | development, in a
public park, in a courthouse, on the real |
13 | | property comprising any school,
regardless of the
time of |
14 | | day or the time of year, on residential property owned, |
15 | | operated
or
managed by a public housing agency
or leased by |
16 | | a public housing agency as part of a scattered site or
|
17 | | mixed-income development,
on the real property comprising |
18 | | any
public park, on the real property comprising any |
19 | | courthouse, in any conveyance
owned, leased or contracted |
20 | | by a school to
transport students to or from school or a |
21 | | school related activity, in any conveyance
owned, leased, |
22 | | or contracted by a public transportation agency, or on any
|
23 | | public way within 1,000 feet of the real property |
24 | | comprising any school,
public park, courthouse, public |
25 | | transportation facility, or residential property owned, |
26 | | operated, or managed
by a public housing agency
or leased |
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1 | | by a public housing agency as part of a scattered site or
|
2 | | mixed-income development
commits a Class 2 felony and shall |
3 | | be sentenced to a term of imprisonment of not less than 3 |
4 | | years and not more than 7 years .
|
5 | | (1.5) A person who violates subsection 24-1(a)(4), |
6 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the |
7 | | time of day or the time of year,
in residential property |
8 | | owned, operated, or managed by a public
housing
agency
or |
9 | | leased by a public housing agency as part of a scattered |
10 | | site or
mixed-income development,
in
a public
park, in a |
11 | | courthouse, on the real property comprising any school, |
12 | | regardless
of the time of day or the time of year, on |
13 | | residential property owned,
operated, or managed by a |
14 | | public housing agency
or leased by a public housing agency |
15 | | as part of a scattered site or
mixed-income development,
on |
16 | | the real property
comprising any public park, on the real |
17 | | property comprising any courthouse, in
any conveyance |
18 | | owned, leased, or contracted by a school to transport |
19 | | students
to or from school or a school related activity, in |
20 | | any conveyance
owned, leased, or contracted by a public |
21 | | transportation agency, or on any public way within
1,000 |
22 | | feet of the real property comprising any school, public |
23 | | park, courthouse,
public transportation facility, or |
24 | | residential property owned, operated, or managed by a |
25 | | public
housing agency
or leased by a public housing agency |
26 | | as part of a scattered site or
mixed-income development
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1 | | commits a Class 3 felony.
|
2 | | (2) A person who violates subsection 24-1(a)(1), |
3 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the |
4 | | time of day or the time of year, in
residential property |
5 | | owned, operated or managed by a public housing
agency
or |
6 | | leased by a public housing agency as part of a scattered |
7 | | site or
mixed-income development,
in
a public park, in a |
8 | | courthouse, on the real property comprising any school,
|
9 | | regardless of the time of day or the time of year, on |
10 | | residential property
owned, operated or managed by a public |
11 | | housing agency
or leased by a public housing agency as part |
12 | | of a scattered site or
mixed-income development,
on the |
13 | | real property
comprising any public park, on the real |
14 | | property comprising any courthouse, in
any conveyance |
15 | | owned, leased or contracted by a school to transport |
16 | | students
to or from school or a school related activity, in |
17 | | any conveyance
owned, leased, or contracted by a public |
18 | | transportation agency, or on any public way within
1,000 |
19 | | feet of the real property comprising any school, public |
20 | | park, courthouse,
public transportation facility, or |
21 | | residential property owned, operated, or managed by a |
22 | | public
housing agency or leased by a public housing agency |
23 | | as part of a scattered
site or mixed-income development |
24 | | commits a Class 4 felony. "Courthouse"
means any building |
25 | | that is used by the Circuit, Appellate, or Supreme Court of
|
26 | | this State for the conduct of official business.
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1 | | (3) Paragraphs (1), (1.5), and (2) of this subsection |
2 | | (c) shall not
apply to law
enforcement officers or security |
3 | | officers of such school, college, or
university or to |
4 | | students carrying or possessing firearms for use in |
5 | | training
courses, parades, hunting, target shooting on |
6 | | school ranges, or otherwise with
the consent of school |
7 | | authorities and which firearms are transported unloaded
|
8 | | enclosed in a suitable case, box, or transportation |
9 | | package.
|
10 | | (4) For the purposes of this subsection (c), "school" |
11 | | means any public or
private elementary or secondary school, |
12 | | community college, college, or
university.
|
13 | | (5) For the purposes of this subsection (c), "public |
14 | | transportation agency" means a public or private agency |
15 | | that provides for the transportation or conveyance of
|
16 | | persons by means available to the general public, except |
17 | | for transportation
by automobiles not used for conveyance |
18 | | of the general public as passengers; and "public |
19 | | transportation facility" means a terminal or other place
|
20 | | where one may obtain public transportation.
|
21 | | (d) The presence in an automobile other than a public |
22 | | omnibus of any
weapon, instrument or substance referred to in |
23 | | subsection (a)(7) is
prima facie evidence that it is in the |
24 | | possession of, and is being
carried by, all persons occupying |
25 | | such automobile at the time such
weapon, instrument or |
26 | | substance is found, except under the following
circumstances: |
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1 | | (i) if such weapon, instrument or instrumentality is
found upon |
2 | | the person of one of the occupants therein; or (ii) if such
|
3 | | weapon, instrument or substance is found in an automobile |
4 | | operated for
hire by a duly licensed driver in the due, lawful |
5 | | and proper pursuit of
his trade, then such presumption shall |
6 | | not apply to the driver.
|
7 | | (e) Exemptions. Crossbows, Common or Compound bows and |
8 | | Underwater
Spearguns are exempted from the definition of |
9 | | ballistic knife as defined in
paragraph (1) of subsection (a) |
10 | | of this Section.
|
11 | | (Source: P.A. 99-29, eff. 7-10-15.)
|
12 | | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
|
13 | | Sec. 24-1.1. Unlawful Use or Possession of Weapons by |
14 | | Felons or
Persons in the Custody of the
Department of |
15 | | Corrections Facilities. |
16 | | (a) It is unlawful
for a person to knowingly possess on or |
17 | | about his person or on his land or
in his own abode or fixed |
18 | | place of business any weapon prohibited under
Section 24-1 of |
19 | | this Act or any firearm or any firearm ammunition if the
person |
20 | | has been convicted of a felony involving an offense directed |
21 | | against the person, a forcible felony, stalking, domestic |
22 | | violence, an offense involving a weapon, or other offense in |
23 | | which the sentencing order prohibited the person from |
24 | | possessing a firearm or firearm ammunition, under the laws of |
25 | | this State or any
other jurisdiction. This Section shall not |
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1 | | apply if the person has been
granted relief by the Director of |
2 | | the Department of State Police
under Section 10 of the Firearm |
3 | | Owners Identification
Card Act.
|
4 | | (b) It is unlawful for any person confined in a penal |
5 | | institution,
which is a facility of the Illinois Department of |
6 | | Corrections, to possess
any weapon prohibited under Section |
7 | | 24-1 of this Code or any firearm or
firearm ammunition, |
8 | | regardless of the intent with which he possesses it.
|
9 | | (c) It shall be an affirmative defense to a violation of |
10 | | subsection (b), that such possession was specifically |
11 | | authorized by rule,
regulation, or directive of the Illinois |
12 | | Department of Corrections or order
issued pursuant thereto.
|
13 | | (d) The defense of necessity is not available to a person |
14 | | who is charged
with a violation of subsection (b) of this |
15 | | Section.
|
16 | | (e) Sentence. Violation of this Section by a person not |
17 | | confined
in a penal institution shall be a Class 3 felony
for |
18 | | which the person shall be sentenced to no less than 2 years and |
19 | | no
more than 10 years and any second or subsequent violation |
20 | | shall be a Class 2 felony for which the person shall be |
21 | | sentenced to a term of imprisonment of not less than 3 years |
22 | | and not more than 14 years . Violation of this Section by a |
23 | | person not confined in a
penal institution who has been |
24 | | convicted of a forcible felony, a felony
violation of Article |
25 | | 24 of this Code or of the Firearm Owners Identification
Card |
26 | | Act, stalking or aggravated stalking, or a Class 2 or greater |
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1 | | felony
under the Illinois Controlled Substances Act, the |
2 | | Cannabis Control Act, or the Methamphetamine Control and |
3 | | Community Protection Act is a
Class 2 felony for which the |
4 | | person
shall be sentenced to not less than 3 years and not more |
5 | | than 14 years .
Violation of this Section by a person who is on |
6 | | parole or mandatory supervised
release is a Class 2 felony for |
7 | | which the person shall be sentenced to not less than 3 years |
8 | | and not more than 14
years . Violation of this Section by a |
9 | | person not confined in a penal
institution is a Class X felony |
10 | | when the firearm possessed is a machine gun.
Any person who |
11 | | violates this Section while confined in a penal
institution, |
12 | | which is a facility of the Illinois Department of
Corrections, |
13 | | is guilty of a Class 1
felony, if he possesses any weapon |
14 | | prohibited under Section 24-1 of this
Code regardless of the |
15 | | intent with which he possesses it, a Class X
felony if he |
16 | | possesses any firearm, firearm ammunition or explosive, and a
|
17 | | Class X felony for which the offender shall be sentenced to not |
18 | | less than 12
years and not more than 50 years when the firearm |
19 | | possessed is a machine
gun. A violation of this Section while |
20 | | wearing or in possession of body armor as defined in Section |
21 | | 33F-1 is a Class X felony punishable by a term of imprisonment |
22 | | of not less than 10 years and not more than 40 years .
The |
23 | | possession of each firearm or firearm ammunition in violation |
24 | | of this Section constitutes a single and separate violation.
|
25 | | (Source: P.A. 97-237, eff. 1-1-12.)
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1 | | (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
|
2 | | Sec. 24-3.1. Unlawful possession of firearms and firearm |
3 | | ammunition.
|
4 | | (a) A person commits the offense of unlawful possession of |
5 | | firearms
or firearm ammunition when:
|
6 | | (1) He is under 18 years of age and has in his |
7 | | possession
any firearm of
a size which may be concealed |
8 | | upon the person; or
|
9 | | (2) He is under 21 years of age, has been convicted of |
10 | | a misdemeanor involving an offense directed against the |
11 | | person, stalking, domestic violence, an offense involving |
12 | | a weapon, or other offense in which the sentencing order |
13 | | prohibited the person from possessing a firearm or firearm |
14 | | ammunition,
other than a traffic offense , or adjudged |
15 | | delinquent and has
any firearms or
firearm ammunition in |
16 | | his possession; or
|
17 | | (3) He is a narcotic addict and has
any firearms or |
18 | | firearm ammunition
in his possession; or
|
19 | | (4) He has been a patient in a mental institution |
20 | | within the past 5 years
and has
any firearms or firearm |
21 | | ammunition in his possession. For purposes of this |
22 | | paragraph (4): |
23 | | "Mental institution" means any hospital, |
24 | | institution, clinic, evaluation facility, mental |
25 | | health center, or part thereof, which is used primarily |
26 | | for the care or treatment of persons with mental |
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1 | | illness. |
2 | | "Patient in a mental institution" means the person |
3 | | was admitted, either voluntarily or involuntarily, to |
4 | | a mental institution for mental health treatment, |
5 | | unless the treatment was voluntary and solely for an |
6 | | alcohol abuse disorder and no other secondary |
7 | | substance abuse disorder or mental illness; or
|
8 | | (5) He is a person with an intellectual disability and |
9 | | has
any firearms or firearm ammunition
in his possession; |
10 | | or
|
11 | | (6) He has in his possession any explosive bullet.
|
12 | | For purposes of this paragraph "explosive bullet" means the |
13 | | projectile
portion of an ammunition cartridge which contains or |
14 | | carries an explosive
charge which will explode upon contact |
15 | | with the flesh of a human or an animal.
"Cartridge" means a |
16 | | tubular metal case having a projectile affixed at the
front |
17 | | thereof and a cap or primer at the rear end thereof, with the |
18 | | propellant
contained in such tube between the projectile and |
19 | | the cap.
|
20 | | (b) Sentence.
|
21 | | Unlawful possession of firearms , other than handguns, and |
22 | | firearm
ammunition , other than paragraph (6) of subsection (a) |
23 | | of this Section, is a Class A misdemeanor. Unlawful possession |
24 | | of firearm ammunition under paragraph (6) of subsection (a) of |
25 | | this Section handguns is a Class 4 felony. The possession of |
26 | | each firearm or firearm ammunition in violation of this Section |
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1 | | constitutes a single and separate violation.
|
2 | | (c) Nothing in paragraph (1) of subsection (a) of this |
3 | | Section prohibits
a person under 18 years of age from |
4 | | participating in any lawful recreational
activity with a |
5 | | firearm such as, but not limited to, practice shooting at
|
6 | | targets upon established public or private target ranges or |
7 | | hunting, trapping,
or fishing in accordance with the Wildlife |
8 | | Code or the Fish and Aquatic Life
Code.
|
9 | | (Source: P.A. 99-143, eff. 7-27-15.)
|
10 | | Section 35. The Cannabis Control Act is amended by changing |
11 | | Sections 1, 4, 5, 5.2, 8, 9, 10, 16.1, and 16.2 and by adding |
12 | | Section 10.4 as follows:
|
13 | | (720 ILCS 550/1) (from Ch. 56 1/2, par. 701)
|
14 | | Sec. 1.
|
15 | | The General Assembly recognizes that (1) the current state |
16 | | of scientific
and medical knowledge concerning the effects of |
17 | | cannabis makes it necessary
to acknowledge the physical, |
18 | | psychological and sociological damage which is
incumbent upon |
19 | | its use; and (2) the use of cannabis occupies the unusual
|
20 | | position of being widely used and pervasive among the citizens |
21 | | of Illinois
despite its harmful effects; and (2) (3) previous |
22 | | legislation enacted to
control or forbid the use of cannabis |
23 | | has often unnecessarily and
unrealistically drawn a large |
24 | | segment of our population within the criminal
justice system |
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1 | | without succeeding in deterring the expansion of cannabis
use. |
2 | | It is, therefore, the intent of the General Assembly, in the |
3 | | interest
of the health and welfare of the citizens of Illinois, |
4 | | to establish a
reasonable penalty system which is responsive to |
5 | | the current state of
knowledge concerning cannabis , which |
6 | | enhances revenue for public purposes and reduces arrest costs |
7 | | and which directs the greatest efforts of law
enforcement |
8 | | agencies toward the commercial traffickers and large-scale
|
9 | | purveyors of cannabis. To this end, this Act provides wide |
10 | | latitude in the
sentencing discretion of the courts and |
11 | | establishes penalties in a sharply
rising progression based on |
12 | | the amount of cannabis and substances containing cannabis
|
13 | | involved in each case.
|
14 | | (Source: P.A. 77-758.)
|
15 | | (720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
|
16 | | Sec. 4. Cannabis possession. It is unlawful for any person |
17 | | knowingly to possess the amount of cannabis listed in this |
18 | | Section . Any person
who violates this section with respect to:
|
19 | | (a) not more than 57 2.5 grams of any substance |
20 | | containing cannabis commits a civil violation and shall be |
21 | | fined $25 is
guilty of a Class C misdemeanor ;
|
22 | | (b) (blank); more than 2.5 grams but not more than 10 |
23 | | grams of any substance
containing cannabis is guilty of a |
24 | | Class B misdemeanor;
|
25 | | (c) (blank); more than 10 grams but not more than 30 |
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1 | | grams of any substance
containing cannabis is guilty of a |
2 | | Class A misdemeanor; provided, that if
any offense under |
3 | | this subsection (c) is a subsequent offense, the offender
|
4 | | shall be guilty of a Class 4 felony;
|
5 | | (d) more than 57 30 grams but not more than 500 grams |
6 | | of any substance
containing cannabis is guilty of a Class A |
7 | | misdemeanor 4 felony ; provided that if any
offense under |
8 | | this subsection (d) is a subsequent offense, the offender
|
9 | | shall be guilty of a Class 4 3 felony;
|
10 | | (e) more than 500 grams but not more than 2,000 grams |
11 | | of any substance
containing cannabis is guilty
of a Class 4 |
12 | | 3 felony;
|
13 | | (f) more than 2,000 grams but not more than 5,000 grams |
14 | | of any
substance containing cannabis is guilty of a Class 3 |
15 | | 2 felony;
|
16 | | (g) more than 5,000 grams of any substance containing |
17 | | cannabis is guilty
of a Class 2 1 felony.
|
18 | | If a person 18 years of age or under commits a violation of |
19 | | Section 4(a), he or she shall be subject to a civil fine of $25 |
20 | | and the local authorities having jurisdiction shall mail a copy |
21 | | of the notice of violation to the parent or guardian of the |
22 | | person to whom the notice of violation is issued at the address |
23 | | provided by the person at the time the citation is issued under |
24 | | Section 10.4. |
25 | | A violation of Section 4(a) shall not constitute a criminal |
26 | | offense, drug offense, or a finding of guilt of a criminal or |
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1 | | drug offense or be considered a conviction of this Section or |
2 | | Act or a lesser included crime of a criminal offense and shall |
3 | | not subject a person to any other form of criminal or civil |
4 | | punishment or denial of any rights or privileges under State |
5 | | law. |
6 | | (Source: P.A. 90-397, eff. 8-15-97 .)
|
7 | | (720 ILCS 550/5) (from Ch. 56 1/2, par. 705)
|
8 | | Sec. 5. Cannabis manufacture, delivery, or
possession with |
9 | | intent to deliver, or manufacture. It is unlawful for any |
10 | | person knowingly to manufacture, deliver, or
possess with |
11 | | intent to deliver, or manufacture, the amounts of cannabis |
12 | | listed in this Section . Any person who
violates this section |
13 | | with respect to:
|
14 | | (a) not more than 57 2.5 grams of any substance |
15 | | containing cannabis commits a civil violation and shall be |
16 | | fined $25 is
guilty of a Class B misdemeanor ;
|
17 | | (b) (blank); more than 2.5 grams but not more than 10 |
18 | | grams of any substance
containing cannabis is guilty of a |
19 | | Class A misdemeanor;
|
20 | | (c) (blank); more than 10 grams but not more than 30 |
21 | | grams of any substance
containing cannabis is guilty of a |
22 | | Class 4 felony;
|
23 | | (d) more than 57 30 grams but not more than 500 grams |
24 | | of any substance
containing cannabis is guilty of a Class A |
25 | | misdemeanor 3 felony for which a fine not
to exceed $25,000 |
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1 | | $50,000 may be imposed;
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2 | | (e) more than 500 grams but not more than 2,000 grams |
3 | | of any substance
containing cannabis is guilty
of a Class 3 |
4 | | 2 felony for which a fine not to exceed $100,000 may be
|
5 | | imposed;
|
6 | | (f) more than 2,000 grams but not more than 5,000 grams |
7 | | of any
substance containing cannabis is guilty of a Class 2 |
8 | | 1 felony for which a
fine not to exceed $150,000 may be |
9 | | imposed;
|
10 | | (g) more than 5,000 grams of any substance containing |
11 | | cannabis is guilty
of a Class 1 X felony for which a fine |
12 | | not to exceed $200,000 may be imposed.
|
13 | | A violation of Section 5(a) shall not constitute a criminal |
14 | | offense, drug offense, or a finding of guilt of a criminal or |
15 | | drug offense or be considered a conviction of this Section or |
16 | | Act or a lesser included crime of a criminal offense and shall |
17 | | not subject a person to any other form of criminal or civil |
18 | | punishment or denial of any rights or privileges under State |
19 | | law. |
20 | | (Source: P.A. 90-397, eff. 8-15-97.)
|
21 | | (720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)
|
22 | | Sec. 5.2. Delivery of cannabis on school grounds.
|
23 | | (a) Any person who violates subsection (g) (e) of Section 5 |
24 | | in any school,
on the real property comprising any school, or |
25 | | any conveyance owned, leased
or contracted by a school to |
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1 | | transport students to or from school or a
school related |
2 | | activity, or on any public way within
1,000 feet of the real |
3 | | property comprising any school, or any conveyance
owned, leased |
4 | | or contracted by a school to transport students to or from
|
5 | | school or a school related activity, during the school year and |
6 | | during school hours, is guilty of a Class
1 felony, the fine |
7 | | for which shall not exceed $200,000;
|
8 | | (b) Any person who violates subsection (f) (d) of Section 5 |
9 | | in any school,
on the real property comprising any school, or |
10 | | any conveyance owned, leased
or contracted by a school to |
11 | | transport students to or from school or a
school related |
12 | | activity, or on any public way within 1,000 feet of the real
|
13 | | property comprising any school, or any conveyance owned, leased |
14 | | or
contracted by a school to transport students to or from |
15 | | school or a school
related activity, during the school year and |
16 | | during school hours, is guilty of a Class 2 felony, the fine |
17 | | for which shall
not exceed $100,000;
|
18 | | (c) Any person who violates subsection (e) (c) of Section 5 |
19 | | in any school,
on the real property comprising any school, or |
20 | | any conveyance owned, leased
or contracted by a school to |
21 | | transport students to or from school or a
school related |
22 | | activity, or on any public way within 1,000 feet of the real
|
23 | | property comprising any school, or any conveyance owned, leased |
24 | | or
contracted by a school to transport students to or from |
25 | | school or a school
related activity, during the school year and |
26 | | during school hours, is guilty of a Class 3 felony, the fine |
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1 | | for which shall
not exceed $50,000;
|
2 | | (d) Any person who violates subsection (d) (b) of Section 5 |
3 | | in any school,
on the real property comprising any school, or |
4 | | any conveyance owned, leased
or contracted by a school to |
5 | | transport students to or from school or a
school related |
6 | | activity, or on any public way within 1,000 feet of the real
|
7 | | property comprising any school, or any conveyance owned, leased |
8 | | or
contracted by a school to transport students to or from |
9 | | school or a school
related activity, during the school year and |
10 | | during school hours, is guilty of a Class 4 felony, the fine |
11 | | for which shall
not exceed $25,000;
|
12 | | (e) Any person who violates subsection (a) of Section 5 in |
13 | | any school,
on the real property comprising any school, or any |
14 | | conveyance owned, leased
or contracted by a school to transport |
15 | | students to or from school or a
school related activity, on any |
16 | | public way within 1,000 feet of the real
property comprising |
17 | | any school, or any conveyance owned, leased or
contracted by a |
18 | | school to transport students to or from school or a school
|
19 | | related activity, during the school year and during school |
20 | | hours, is guilty of a Class A misdemeanor.
|
21 | | (Source: P.A. 87-544.)
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22 | | (720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
|
23 | | Sec. 8. It is unlawful for any person knowingly to produce |
24 | | the
cannabis sativa plant or to possess the amount of such |
25 | | plants listed in this Section unless production , processing, |
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1 | | growing, or possession
has been authorized under pursuant to |
2 | | the provisions of Section 11 or 15.2 of this the Act.
Any |
3 | | person who violates this Section with respect to production , |
4 | | processing, growing, or possession of:
|
5 | | (a) Not more than 5 plants , provided the violation is |
6 | | not conducted openly or publicly and not for sale or |
7 | | consideration, commits a civil violation and shall be fined |
8 | | $25 is guilty of a Class A misdemeanor .
|
9 | | (a-5) Not more than 5 plants, provided the violation is |
10 | | conducted openly or publicly or for sale or consideration, |
11 | | commits a Class A misdemeanor. |
12 | | (b) More than 5, but not more than 20 plants, is guilty
|
13 | | of a Class A misdemeanor 4 felony .
|
14 | | (c) More than 20, but not more than 50 plants, is
|
15 | | guilty of a Class 3 felony.
|
16 | | (d) More than 50, but not more than 200 plants, is |
17 | | guilty of a Class 2 felony for which
a fine not to exceed |
18 | | $100,000 may be imposed and for which liability for
the |
19 | | cost of conducting the investigation and eradicating such |
20 | | plants may be
assessed. Compensation for expenses incurred |
21 | | in the enforcement of this
provision shall be transmitted |
22 | | to and deposited in the treasurer's office
at the level of |
23 | | government represented by the Illinois law enforcement
|
24 | | agency whose officers or employees conducted the |
25 | | investigation or caused
the arrest or arrests leading to |
26 | | the prosecution, to be subsequently made
available to that |
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1 | | law enforcement agency as expendable receipts for use in
|
2 | | the enforcement of laws regulating controlled substances |
3 | | and cannabis. If
such seizure was made by a combination of |
4 | | law enforcement personnel
representing different levels of |
5 | | government, the court levying the
assessment shall |
6 | | determine the allocation of such assessment. The proceeds
|
7 | | of assessment awarded to the State treasury shall be |
8 | | deposited in a special
fund known as the Drug Traffic |
9 | | Prevention Fund. |
10 | | (e) More than 200 plants is guilty of a Class 1 felony |
11 | | for which
a fine not to exceed $100,000 may be imposed and |
12 | | for which liability for
the cost of conducting the |
13 | | investigation and eradicating such plants may be
assessed. |
14 | | Compensation for expenses incurred in the enforcement of |
15 | | this
provision shall be transmitted to and deposited in the |
16 | | treasurer's office
at the level of government represented |
17 | | by the Illinois law enforcement
agency whose officers or |
18 | | employees conducted the investigation or caused
the arrest |
19 | | or arrests leading to the prosecution, to be subsequently |
20 | | made
available to that law enforcement agency as expendable |
21 | | receipts for use in
the enforcement of laws regulating |
22 | | controlled substances and cannabis. If
such seizure was |
23 | | made by a combination of law enforcement personnel
|
24 | | representing different levels of government, the court |
25 | | levying the
assessment shall determine the allocation of |
26 | | such assessment. The proceeds
of assessment awarded to the |
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1 | | State treasury shall be deposited in a special
fund known |
2 | | as the Drug Traffic Prevention Fund.
|
3 | | A violation of subsection (a) of this Section shall not |
4 | | constitute a criminal offense, drug offense, or a finding of |
5 | | guilt of a criminal or drug offense or be considered a |
6 | | conviction of this Section or Act or a lesser included crime of |
7 | | a criminal offense and shall not subject a person to any other |
8 | | form of criminal or civil punishment or denial of any rights or |
9 | | privileges under State law. |
10 | | (Source: P.A. 98-1072, eff. 1-1-15 .)
|
11 | | (720 ILCS 550/9) (from Ch. 56 1/2, par. 709)
|
12 | | Sec. 9.
(a) Any person who engages in a calculated criminal
|
13 | | cannabis conspiracy, as defined in subsection (b), is guilty of |
14 | | a Class
3 felony, and fined not more than $200,000 and shall be |
15 | | subject to the
forfeitures prescribed in subsection (c); except |
16 | | that, if any person
engages in such offense after one or more |
17 | | prior convictions under this
Section, Section 4 (d), Section 5 |
18 | | (d), Section 8 (d) or any law of the United
States
or of any |
19 | | State relating to cannabis, or controlled substances as
defined |
20 | | in the Illinois Controlled Substances Act, in addition to the
|
21 | | fine and forfeiture authorized above, he shall be guilty of a |
22 | | Class 1
felony for which an offender may not be sentenced to |
23 | | death.
|
24 | | (b) For purposes of this section, a person engages in a |
25 | | calculated
criminal cannabis conspiracy when:
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1 | | (1) he violates Section 4 (d), 4 (e), 5 (d), 5 (e), 8 |
2 | | (c)
or 8 (d) of this Act; and
|
3 | | (2) such violation is a part of a conspiracy undertaken |
4 | | or carried
on with 2 or more other persons; and
|
5 | | (3) he obtains anything of value greater than $500 |
6 | | from, or
organizes, directs or finances such violation or |
7 | | conspiracy.
|
8 | | (c) Any person who is convicted under this Section of |
9 | | engaging in a
calculated criminal cannabis conspiracy shall |
10 | | forfeit to the State of
Illinois:
|
11 | | (1) the receipts obtained by him in such conspiracy; |
12 | | and
|
13 | | (2) any of his interests in, claims against, receipts |
14 | | from, or
property or rights of any kind affording a source |
15 | | of influence over,
such conspiracy.
|
16 | | (d) The circuit court may enter such injunctions, |
17 | | restraining
orders, directions, or prohibitions, or take such |
18 | | other actions,
including the acceptance of satisfactory |
19 | | performance bonds, in
connection with any property, claim, |
20 | | receipt, right or other interest
subject to forfeiture under |
21 | | this Section, as it deems proper.
|
22 | | (Source: P.A. 84-1233.)
|
23 | | (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
|
24 | | Sec. 10. (a)
Whenever any person who has not previously |
25 | | been convicted of, or placed
on probation or court supervision |
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1 | | for, any offense under this Act or any
law of the United States |
2 | | or of any State relating to cannabis, or controlled
substances |
3 | | as defined in the Illinois Controlled Substances Act, pleads
|
4 | | guilty to or is found guilty of violating Sections 4(a), 4(b), |
5 | | 4(c),
5(a), 5(b), 5(c) or 8 of this Act, the court may, without |
6 | | entering a
judgment and with the consent of such person, |
7 | | sentence him to probation.
|
8 | | (b) When a person is placed on probation, the court shall |
9 | | enter an order
specifying a period of probation of 24 months, |
10 | | and shall defer further
proceedings in
the case until the |
11 | | conclusion of the period or until the filing of a petition
|
12 | | alleging violation of a term or condition of probation.
|
13 | | (c) The conditions of probation shall be that the person: |
14 | | (1) not violate
any criminal statute of any jurisdiction; (2) |
15 | | refrain from possession of a
firearm
or other dangerous weapon; |
16 | | (3) submit to periodic drug testing at a time and in
a manner |
17 | | as ordered by the court, but no less than 3 times during the |
18 | | period of
the probation, with the cost of the testing to be |
19 | | paid by the probationer; and
(4) perform no less than 30 hours |
20 | | of community service, provided community
service is available |
21 | | in the jurisdiction and is funded and approved by the
county |
22 | | board.
|
23 | | (d) The court may, in addition to other conditions, require
|
24 | | that the person:
|
25 | | (1) make a report to and appear in person before or |
26 | | participate with the
court or such courts, person, or |
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1 | | social service agency as directed by the
court in the order |
2 | | of probation;
|
3 | | (2) pay a fine and costs;
|
4 | | (3) work or pursue a course of study or vocational |
5 | | training;
|
6 | | (4) undergo medical or psychiatric treatment; or |
7 | | treatment for drug
addiction or alcoholism;
|
8 | | (5) attend or reside in a facility established for the |
9 | | instruction or
residence of defendants on probation;
|
10 | | (6) support his dependents;
|
11 | | (7) refrain from possessing a firearm or other |
12 | | dangerous weapon;
|
13 | | (7-5) refrain from having in his or her body the |
14 | | presence of any illicit
drug prohibited by the Cannabis |
15 | | Control Act, the Illinois Controlled
Substances Act, or the |
16 | | Methamphetamine Control and Community Protection Act, |
17 | | unless prescribed by a physician, and submit samples of
his |
18 | | or her blood or urine or both for tests to determine the |
19 | | presence of any
illicit drug;
|
20 | | (8) and in addition, if a minor:
|
21 | | (i) reside with his parents or in a foster home;
|
22 | | (ii) attend school;
|
23 | | (iii) attend a non-residential program for youth;
|
24 | | (iv) contribute to his own support at home or in a |
25 | | foster home.
|
26 | | (e) Upon violation of a term or condition of probation, the
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1 | | court
may enter a judgment on its original finding of guilt and |
2 | | proceed as otherwise
provided.
|
3 | | (f) Upon fulfillment of the terms and
conditions of |
4 | | probation, the court shall discharge such person and dismiss
|
5 | | the proceedings against him.
|
6 | | (g) A disposition of probation is considered to be a |
7 | | conviction
for the purposes of imposing the conditions of |
8 | | probation and for appeal,
however, discharge and dismissal |
9 | | under this Section is not a conviction for
purposes of |
10 | | disqualification or disabilities imposed by law upon |
11 | | conviction of
a crime (including the additional penalty imposed |
12 | | for subsequent offenses under
Section 4(c), 4(d), 5(c) or 5(d) |
13 | | of this Act).
|
14 | | (h) Discharge and dismissal under this Section,
Section 410 |
15 | | of the Illinois Controlled Substances Act, Section 70 of the |
16 | | Methamphetamine Control and Community Protection Act, Section |
17 | | 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or |
18 | | subsection (c) of Section 11-14 of the Criminal Code of 1961 or |
19 | | the Criminal Code of 2012 may occur only once
with respect to |
20 | | any person.
|
21 | | (i) If a person is convicted of an offense under this Act, |
22 | | the Illinois
Controlled Substances Act, or the Methamphetamine |
23 | | Control and Community Protection Act within 5 years
subsequent |
24 | | to a discharge and dismissal under this Section, the discharge |
25 | | and
dismissal under this Section shall be admissible in the |
26 | | sentencing proceeding
for that conviction
as a factor in |
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1 | | aggravation.
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2 | | (j) Notwithstanding subsection (a), before a person is |
3 | | sentenced to probation under this Section, the court may refer |
4 | | the person to the drug court established in that judicial |
5 | | circuit pursuant to Section 15 of the Drug Court Treatment Act. |
6 | | The drug court team shall evaluate the person's likelihood of |
7 | | successfully completing a sentence of probation under this |
8 | | Section and shall report the results of its evaluation to the |
9 | | court. If the drug court team finds that the person suffers |
10 | | from a substance abuse problem that makes him or her |
11 | | substantially unlikely to successfully complete a sentence of |
12 | | probation under this Section, then the drug court shall set |
13 | | forth its findings in the form of a written order, and the |
14 | | person shall not be sentenced to probation under this Section, |
15 | | but may be considered for the drug court program. |
16 | | (Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)
|
17 | | (720 ILCS 550/10.4 new) |
18 | | Sec. 10.4. Civil violations. |
19 | | (a) For violations of Section 4 (a), Section 5 (a) and |
20 | | Section 8 (a), the local authorities having jurisdiction shall |
21 | | issue a notice of violation, which shall be uniform throughout |
22 | | the State. The notice of violation shall include: |
23 | | (1) the name and address of the person subject to the |
24 | | notice of violation; |
25 | | (2) the date and time the violation occurred; |
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1 | | (3) the municipality or county where the violation |
2 | | occurred; |
3 | | (4) the statutory fine for the violation; |
4 | | (5) the date by which the fine must be paid or an |
5 | | answer must be entered; |
6 | | (6) a warning that failure to pay the fine or answer |
7 | | may result in a penalty fine; and |
8 | | (7) a notice that the person may admit the violation |
9 | | and pay the fine, admit the violation and request a hearing |
10 | | or deny the violation and request a hearing. |
11 | | (b) A person who has violated Section 4(a), Section 5(a) or |
12 | | Section 8(a) of this Act, upon request, shall inform the local |
13 | | authorities of his or her name and address for the purpose of |
14 | | including that information on a notice of violation; provided, |
15 | | that no person shall be required to possess or display any |
16 | | documentary proof of his or her name or address. A person who |
17 | | refuses to provide his or her name and address or who knowingly |
18 | | provides an incorrect name or address to local authorities in |
19 | | violation of this subsection (b) shall be fined an additional |
20 | | $100. |
21 | | (c) Local authorities shall not issue a notice of violation |
22 | | to persons possessing a registry identification card as defined |
23 | | in the Compassionate Use of Medical Cannabis Pilot Program Act. |
24 | | (d) A person shall answer a notice of violation within 14 |
25 | | calendar days of the date the notice of violation was issued in |
26 | | person or by mail as follows: |
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1 | | (1) admit the violation; |
2 | | (2) admit the violation, but with an explanation; or |
3 | | (3) deny the violation. |
4 | | (e) For the purposes of answering a notice of violation, a |
5 | | person who: |
6 | | (1) admits the violation shall, at the time of |
7 | | submitting his or her answer, pay the fine
as set forth in |
8 | | Section 4(a), Section 5(a), or Section 8(a) of this Act in |
9 | | person or by mail and, if applicable, the fine in |
10 | | subsection (b) of this Section; |
11 | | (2) denies the violation shall receive notice of an |
12 | | administrative hearing within 14 days of receipt of her or |
13 | | his answer a notice with information about a hearing date; |
14 | | (3) admits the violation with an explanation shall |
15 | | receive notice of an administrative hearing within 14 days |
16 | | of receipt of her or his answer a notice with information |
17 | | about a hearing date. |
18 | | (f) A person who fails to respond to the notice of |
19 | | violation within 14 calendar days of the date of issuance shall |
20 | | be found liable for a civil violation and in default and shall |
21 | | be assessed both the fine as set forth in Section 4(a), Section |
22 | | 5(a), or Section 8(a) of this Act and an additional penalty |
23 | | equal to the amount of the fine. |
24 | | (g) Upon consideration of the evidence at the hearing, the |
25 | | adjudicator shall make one of the following determinations: |
26 | | (1) dismiss the violation, if the adjudicator finds |
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1 | | that a violation was not established; |
2 | | (2) dismiss the violation, if another law in this State |
3 | | provides immunity to the establishment of a notice of |
4 | | violation under this Act, such as a registry |
5 | | indemnification card issued under the Compassionate Use of |
6 | | Medical Cannabis Pilot Program Act; or |
7 | | (3) require the payment of the civil fine set forth in |
8 | | Section 4(a), Section 5(a), or Section 8(a) of this Act if |
9 | | a determination is made that the violation has been |
10 | | established. |
11 | | (h) A person who has answered a notice of violation, but |
12 | | fails, without good cause, to appear at the scheduled hearing |
13 | | shall be found liable for a violation of Section 4(a), Section |
14 | | 5(a), or Section 8(a) of this Act and in default and shall be |
15 | | assessed both the fine a set forth in the applicable Section |
16 | | and an additional penalty equal to the amount of the fine. |
17 | | (i) Civil violations of Section 4(a), Section 5(a), and |
18 | | Section 8(a) of this Act shall be adjudicated through |
19 | | administrative hearing in any municipality or county in |
20 | | accordance with this Section. The adjudicator shall determine |
21 | | whether a civil violation has been established by a |
22 | | preponderance of the evidence. Any ordinance establishing a |
23 | | system of administrative adjudication under this Section shall |
24 | | provide for an administrator authorized to adopt, distribute, |
25 | | and process the notice of violation and other notices required |
26 | | by this Section, collect money paid as fines and operate an |
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1 | | administrative adjudication system. |
2 | | (j) Nothing contained in this Section shall prohibit a |
3 | | local government from enacting an ordinance regulating or |
4 | | prohibiting the consumption of cannabis in public provided that |
5 | | the penalties are not greater than those for the public |
6 | | consumption of alcohol. |
7 | | (k) The issuance of a notice of violation or a |
8 | | determination that the violation has been established shall not |
9 | | be considered a criminal offense or a drug offense or a finding |
10 | | of guilt of a criminal or drug offense, a criminal conviction |
11 | | or a violation of parole, mandatory supervised release, |
12 | | probation, conditional discharge, or supervision. |
13 | | (l) The receipt of a notice of violation or a hearing for a |
14 | | violation of Section 4(a), Section 5(a), or Section 8(a) of |
15 | | this Act shall not create a criminal history record of any kind |
16 | | and no information about the violation shall be maintained in |
17 | | any criminal or public record or database and shall not be |
18 | | subject to public inspection. |
19 | | (m) No other fines, fees, penalties, or costs shall be |
20 | | assessed on a finding of liability for a violation of Section |
21 | | 4(a), Section 5(a), or Section 8(a) of this Act except as set |
22 | | forth in subsections (b) and (h) of this Section. |
23 | | (n) The provisions of this Section shall be applicable and |
24 | | uniform throughout this State and in all political subdivisions |
25 | | in this State, and no local authority shall enact or enforce |
26 | | any ordinance, rule, or regulation in conflict with this Act, |
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1 | | unless expressly authorized by this Act. Local authorities may, |
2 | | however, adopt additional regulations which are not in conflict |
3 | | with the provisions of this Act.
|
4 | | (720 ILCS 550/16.1) (from Ch. 56 1/2, par. 716.1)
|
5 | | Sec. 16.1.
In any prosecution for any violation of this |
6 | | Act, except for violations of Sections 4(a), 5(a), and 8(a) of |
7 | | this Act, it shall
be an affirmative defense that the substance |
8 | | possessed by the defendant
was regulated as a controlled |
9 | | substance under the Illinois Controlled Substances
Act. In |
10 | | order to raise
this affirmative defense, the defendant shall |
11 | | give notice thereof to the
State not less than 7 days prior to |
12 | | trial.
|
13 | | (Source: P.A. 84-1313; 84-1362.)
|
14 | | (720 ILCS 550/16.2) |
15 | | Sec. 16.2. Preservation of cannabis or cannabis sativa |
16 | | plants for laboratory testing. |
17 | | (a) Before or after the trial in a prosecution for a |
18 | | violation of subsection (d), (e), (f), or (g) of Section 4, |
19 | | subsection (d), (e), (f), or (g) of Section 5, subsection (b), |
20 | | (c), (d), or (e) of Section 8, or Section 5.1, 5.2, or 9 of this |
21 | | Act Section 4, 5, 5.1, 5.2, 8, or 9 of this Act , a law |
22 | | enforcement agency or an agent acting on behalf of the law |
23 | | enforcement agency must preserve, subject to a continuous chain |
24 | | of custody, not less than 6,001 grams of any substance |
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1 | | containing cannabis and not less than 51 cannabis sativa plants |
2 | | with respect to the offenses enumerated in this subsection (a) |
3 | | and must maintain sufficient documentation to locate that |
4 | | evidence. Excess quantities with respect to the offenses |
5 | | enumerated in this subsection (a) cannot practicably be |
6 | | retained by a law enforcement agency because of its size, bulk, |
7 | | and physical character. |
8 | | (b) The court may before trial transfer excess quantities |
9 | | of any substance containing cannabis or cannabis sativa plants |
10 | | with respect to a prosecution for any offense enumerated in |
11 | | subsection (a) to the sheriff of the county, or may in its |
12 | | discretion transfer such evidence to the Department of State |
13 | | Police, for destruction after notice is given to the |
14 | | defendant's attorney of record or to the defendant if the |
15 | | defendant is proceeding pro se. |
16 | | (c) After a judgment of conviction is entered and the |
17 | | charged quantity is no longer needed for evidentiary purposes |
18 | | with respect to a prosecution for any offense enumerated in |
19 | | subsection (a), the court may transfer any substance containing |
20 | | cannabis or cannabis sativa plants to the sheriff of the |
21 | | county, or may in its discretion transfer such evidence to the |
22 | | Department of State Police, for destruction after notice is |
23 | | given to the defendant's attorney of record or to the defendant |
24 | | if the defendant is proceeding pro se. No evidence shall be |
25 | | disposed of until 30 days after the judgment is entered, and if |
26 | | a notice of appeal is filed, no evidence shall be disposed of |
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1 | | until the mandate has been received by the circuit court from |
2 | | the Appellate Court.
|
3 | | (Source: P.A. 94-180, eff. 7-12-05.)
|
4 | | Section 40. The Illinois Controlled Substances Act is |
5 | | amended by changing Sections 401 and 402 as follows:
|
6 | | (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)
|
7 | | Sec. 401. Except as authorized by this Act, it is unlawful |
8 | | for any
person knowingly to manufacture or deliver, or possess |
9 | | with intent to
manufacture or deliver, a controlled substance |
10 | | other than methamphetamine, a counterfeit substance, or a |
11 | | controlled
substance analog. A violation of this Act with |
12 | | respect to each of the controlled
substances listed herein |
13 | | constitutes a single and separate violation of this
Act. For |
14 | | purposes of this Section, "controlled substance analog" or |
15 | | "analog"
means a substance, other than a controlled substance, |
16 | | that has a chemical structure substantially similar to that of |
17 | | a controlled
substance in Schedule I or II, or that was |
18 | | specifically designed to produce
an effect substantially |
19 | | similar to that of a controlled substance in Schedule
I or II. |
20 | | Examples of chemical classes in which controlled substance |
21 | | analogs
are found include, but are not limited to, the |
22 | | following: phenethylamines,
N-substituted piperidines, |
23 | | morphinans, ecgonines, quinazolinones, substituted
indoles, |
24 | | and arylcycloalkylamines. For purposes of this Act, a |
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1 | | controlled
substance analog shall be treated in the same manner |
2 | | as the controlled
substance to which it is substantially |
3 | | similar.
|
4 | | (a) Any person who knowingly manufactures or possesses with |
5 | | intent to manufacture violates this Section with respect to the |
6 | | following
amounts of controlled or counterfeit substances or |
7 | | controlled substance
analogs, notwithstanding any of the |
8 | | provisions of subsections (c),
(d), (e), (f), (g) or (h) to the |
9 | | contrary, is guilty of the specific felony offenses set forth |
10 | | in this Section a Class X felony
and shall be sentenced to a |
11 | | term of imprisonment as provided in this subsection
(a) and |
12 | | fined as provided in subsection (b):
|
13 | | (1) (A) a Class 2 felony not less than 6 years and not |
14 | | more than 30 years with respect
to 15 grams or more but |
15 | | less than 100 grams of a substance containing
heroin, |
16 | | or an analog thereof;
|
17 | | (B) a Class 1 felony and sentenced to not less than |
18 | | 9 years and not more than 15 40 years with respect to |
19 | | 100
grams or more but less than 400 grams of a |
20 | | substance containing heroin, or
an analog thereof;
|
21 | | (C) a Class X felony and sentenced to not less than |
22 | | 12 years and not more than 25 50 years with respect to
|
23 | | 400 grams or more but less than 900 grams of a |
24 | | substance containing heroin,
or an analog thereof;
|
25 | | (D) a Class X felony and sentenced to not less than |
26 | | 15 years and not more than 30 60 years with respect to
|
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1 | | 900 grams or more of any substance containing heroin, |
2 | | or an analog thereof;
|
3 | | (1.5) (A) a Class 2 felony not less than 6 years and |
4 | | not more than 30 years with respect to 15 grams or more |
5 | | but less than 100 grams of a substance containing |
6 | | fentanyl, or an analog thereof;
|
7 | | (B) a Class 1 felony and sentenced to not less than |
8 | | 9 years and not more than 15 40 years with respect to |
9 | | 100 grams or more but less than 400 grams of a |
10 | | substance containing fentanyl, or an analog thereof; |
11 | | (C) a Class X felony and sentenced to not less than |
12 | | 12 years and not more than 25 50 years with respect to |
13 | | 400 grams or more but less than 900 grams of a |
14 | | substance containing fentanyl, or an analog thereof; |
15 | | (D) a Class X felony and sentenced to not less than |
16 | | 15 years and not more than 30 60 years with respect to |
17 | | 900 grams or more of a substance containing fentanyl, |
18 | | or an analog thereof;
|
19 | | (2) (A) a Class 2 felony not less than 6 years and not |
20 | | more than 30 years with respect
to 15 grams or more but |
21 | | less than 100 grams of a substance containing
cocaine, |
22 | | or an analog thereof;
|
23 | | (B) a Class 1 felony and sentenced to not less than |
24 | | 9 years and not more than 40 years with respect to 100
|
25 | | grams or more but less than 400 grams of a substance |
26 | | containing cocaine, or
an analog thereof;
|
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1 | | (C) a Class X felony and sentenced to not less than |
2 | | 12 years and not more than 25 50 years with respect to
|
3 | | 400 grams or more but less than 900 grams of a |
4 | | substance containing cocaine,
or an analog thereof;
|
5 | | (D) a Class X felony and sentenced to not less than |
6 | | 15 years and not more than 30 60 years with respect to
|
7 | | 900 grams or more of any substance containing cocaine, |
8 | | or an analog thereof;
|
9 | | (3) (A) a Class 2 felony not less than 6 years and not |
10 | | more than 30 years with respect
to 15 grams or more but |
11 | | less than 100 grams of a substance containing
morphine, |
12 | | or an analog thereof;
|
13 | | (B) a Class 1 felony and sentenced to not less than |
14 | | 9 years and not more than 15 40 years with respect to
|
15 | | 100 grams or more but less than 400 grams of a |
16 | | substance containing morphine,
or an analog thereof;
|
17 | | (C) a Class X felony and sentenced to not less than |
18 | | 12 years and not more than 25 50 years with respect to
|
19 | | 400 grams or more but less than 900 grams of a |
20 | | substance containing
morphine, or an analog thereof;
|
21 | | (D) a Class X felony and sentenced to not less than |
22 | | 15 years and not more than 30 60 years with respect to
|
23 | | 900 grams or more of a substance containing morphine, |
24 | | or an analog thereof;
|
25 | | (4) a Class 2 felony for 200 grams or more of any |
26 | | substance containing peyote, or an
analog thereof;
|
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1 | | (5) a Class 2 felony for 200 grams or more of any |
2 | | substance containing a derivative of
barbituric acid or any |
3 | | of the salts of a derivative of barbituric acid, or
an |
4 | | analog thereof;
|
5 | | (6) a Class 2 felony for 200 grams or more of any |
6 | | substance containing amphetamine
or any salt of an optical |
7 | | isomer of amphetamine,
or an analog thereof;
|
8 | | (6.5) (blank);
|
9 | | (6.6) (blank);
|
10 | | (7) (A) a Class 2 felony for not less than 6 years and |
11 | | not more than 30 years with respect
to: (i) 15 grams or |
12 | | more but less than 100 grams of a substance containing
|
13 | | lysergic acid diethylamide (LSD), or an analog |
14 | | thereof, or (ii) 15 or
more objects or 15 or more |
15 | | segregated parts of an object or objects but
less than |
16 | | 200 objects or 200 segregated parts of an object or |
17 | | objects
containing in them or having upon them any |
18 | | amounts of any substance
containing lysergic acid |
19 | | diethylamide (LSD), or an analog thereof;
|
20 | | (B) a Class 1 felony and sentenced to not less than |
21 | | 9 years and not more than 15 40 years with respect
to: |
22 | | (i) 100 grams or more but less than 400 grams of a |
23 | | substance containing
lysergic acid diethylamide (LSD), |
24 | | or an analog thereof, or (ii) 200 or more
objects or |
25 | | 200 or more segregated parts of an object or objects |
26 | | but less
than 600 objects or less than 600 segregated |
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1 | | parts of an object or objects
containing in them or |
2 | | having upon them any amount of any substance
containing |
3 | | lysergic acid diethylamide (LSD), or an analog |
4 | | thereof;
|
5 | | (C) a Class X felony and sentenced to not less than |
6 | | 12 years and not more than 25 50 years with respect
to: |
7 | | (i) 400 grams or more but less than 900 grams of a |
8 | | substance containing
lysergic acid diethylamide (LSD), |
9 | | or an analog thereof, or (ii) 600 or more
objects or |
10 | | 600 or more segregated parts of an object or objects |
11 | | but less
than 1500 objects or 1500 segregated parts of |
12 | | an object or objects
containing in them or having upon |
13 | | them any amount of any substance
containing lysergic |
14 | | acid diethylamide (LSD), or an analog thereof;
|
15 | | (D) a Class X felony and sentenced to not less than |
16 | | 15 years and not more than 30 60 years with respect
to: |
17 | | (i) 900 grams or more of any substance containing |
18 | | lysergic acid
diethylamide (LSD), or an analog |
19 | | thereof, or (ii) 1500 or more objects or
1500 or more |
20 | | segregated parts of an object or objects containing in |
21 | | them or
having upon them any amount of a substance |
22 | | containing lysergic acid
diethylamide (LSD), or an |
23 | | analog thereof;
|
24 | | (7.5) (A) a Class 2 felony not less than 6 years and |
25 | | not more than 30 years with respect
to:
(i) 15
grams or |
26 | | more but less than 100 grams of a substance listed in |
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1 | | paragraph (1),
(2), (2.1), (2.2), (3), (14.1), (19), |
2 | | (20), (20.1), (21), (25), or (26) of subsection
(d) of |
3 | | Section 204, or an analog or derivative thereof, or |
4 | | (ii) 15 or more
pills, tablets, caplets, capsules, or |
5 | | objects but less than 200 pills, tablets,
caplets, |
6 | | capsules, or objects containing in them or having upon |
7 | | them any
amounts of any substance listed in paragraph |
8 | | (1), (2), (2.1), (2.2), (3), (14.1),
(19), (20), |
9 | | (20.1), (21), (25), or (26) of subsection (d) of |
10 | | Section 204, or
an analog or derivative thereof;
|
11 | | (B) a Class 1 felony and sentenced to not less than |
12 | | 9 years and not more than 15 40 years with respect to:
|
13 | | (i) 100 grams or more but less than 400 grams of a |
14 | | substance listed in
paragraph (1), (2), (2.1), (2.2), |
15 | | (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of |
16 | | subsection (d) of Section 204, or an analog or
|
17 | | derivative thereof, or (ii) 200 or more pills, tablets, |
18 | | caplets, capsules, or
objects but less than 600 pills, |
19 | | tablets, caplets, capsules, or objects
containing in |
20 | | them or having upon them any amount of any substance |
21 | | listed in
paragraph (1), (2), (2.1), (2.2), (3), |
22 | | (14.1), (19), (20), (20.1), (21), (25), or (26)
of |
23 | | subsection (d) of Section 204, or an analog or |
24 | | derivative thereof;
|
25 | | (C) a Class X felony and sentenced to not less than |
26 | | 12 years and not more than 25 50 years with respect to:
|
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1 | | (i) 400 grams or more but less than 900 grams of a |
2 | | substance listed in
paragraph (1), (2), (2.1), (2.2), |
3 | | (3), (14.1), (19), (20), (20.1), (21), (25), or (26)
of |
4 | | subsection (d) of Section 204, or an analog or |
5 | | derivative thereof,
or (ii) 600 or more pills, tablets, |
6 | | caplets, capsules, or objects but less than
1,500 |
7 | | pills, tablets, caplets, capsules, or objects
|
8 | | containing in them or having upon them any amount of |
9 | | any substance listed in
paragraph (1), (2), (2.1), |
10 | | (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or |
11 | | (26)
of subsection (d) of Section 204, or an analog or |
12 | | derivative thereof;
|
13 | | (D) a Class X felony and sentenced to not less than |
14 | | 15 years and not more than 30 60 years with respect to:
|
15 | | (i) 900 grams or more of any substance listed in |
16 | | paragraph (1), (2), (2.1),
(2.2), (3), (14.1), (19), |
17 | | (20), (20.1), (21), (25), or (26) of subsection (d) of
|
18 | | Section 204, or an analog or derivative thereof, or |
19 | | (ii) 1,500 or more pills,
tablets, caplets, capsules, |
20 | | or objects containing in them or having upon them
any |
21 | | amount
of a substance listed in paragraph (1), (2), |
22 | | (2.1), (2.2), (3), (14.1), (19),
(20), (20.1), (21), |
23 | | (25), or (26)
of subsection (d) of Section 204, or an |
24 | | analog or derivative thereof;
|
25 | | (8) a Class 2 felony for 30 grams or more of any |
26 | | substance containing pentazocine or any of
the salts, |
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1 | | isomers and salts of isomers of pentazocine, or an analog |
2 | | thereof;
|
3 | | (9) a Class 2 felony for 30 grams or more of any |
4 | | substance containing methaqualone or any of
the salts, |
5 | | isomers and salts of isomers of methaqualone, or an analog |
6 | | thereof;
|
7 | | (10) a Class 2 felony for 30 grams or more of any |
8 | | substance containing phencyclidine or any
of the salts, |
9 | | isomers and salts of isomers of phencyclidine (PCP),
or an |
10 | | analog thereof;
|
11 | | (10.5) a Class 2 felony for 30 grams or more of any |
12 | | substance containing ketamine
or any of the salts, isomers |
13 | | and salts of isomers of ketamine,
or an analog thereof;
|
14 | | (10.6) a Class 2 felony for 100 grams or more of any |
15 | | substance containing hydrocodone, or any of the salts, |
16 | | isomers and salts of isomers of hydrocodone, or an analog |
17 | | thereof; |
18 | | (10.7) a Class 2 felony for 100 grams or more of any |
19 | | substance containing dihydrocodeinone, or any of the |
20 | | salts, isomers and salts of isomers of dihydrocodeinone, or |
21 | | an analog thereof; |
22 | | (10.8) a Class 2 felony for 100 grams or more of any |
23 | | substance containing dihydrocodeine, or any of the salts, |
24 | | isomers and salts of isomers of dihydrocodeine, or an |
25 | | analog thereof; |
26 | | (10.9) a Class 2 felony for 100 grams or more of any |
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1 | | substance containing oxycodone, or any of the salts, |
2 | | isomers and salts of isomers of oxycodone, or an analog |
3 | | thereof; |
4 | | (11) a Class 2 felony for 200 grams or more of any |
5 | | substance containing any other controlled
substance |
6 | | classified in Schedules I or II, or an analog thereof, |
7 | | which is
not otherwise included in this subsection.
|
8 | | (b) Any person sentenced with respect to violations of |
9 | | paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) |
10 | | involving
100 grams or
more of the
controlled substance named |
11 | | therein, may in addition to the penalties
provided therein, be |
12 | | fined an amount not more than $500,000 or the full
street value |
13 | | of the controlled or counterfeit substance or controlled |
14 | | substance
analog, whichever is greater. The term "street value" |
15 | | shall have the
meaning ascribed in Section 110-5 of the Code of |
16 | | Criminal Procedure of
1963. Any person sentenced with respect |
17 | | to any other provision of
subsection (a), may in addition to |
18 | | the penalties provided therein, be fined
an amount not to |
19 | | exceed $500,000. |
20 | | (b-1) Excluding violations of this Act when the controlled |
21 | | substance is fentanyl, any person sentenced to a term of |
22 | | imprisonment with respect to violations of Section 401, 401.1, |
23 | | 405, 405.1, 405.2, or 407, when the substance containing the |
24 | | controlled substance contains any amount of fentanyl, 3 years |
25 | | shall be added to the term of imprisonment imposed by the |
26 | | court, and the maximum sentence for the offense shall be |
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1 | | increased by 3 years.
|
2 | | (c) Any person who knowingly manufactures or possesses with |
3 | | the intent to manufacture violates this Section with regard to |
4 | | the
following amounts of controlled or counterfeit substances
|
5 | | or controlled substance analogs, notwithstanding any of the |
6 | | provisions of
subsections (a), (b), (d), (e), (f), (g) or (h) |
7 | | to the
contrary, is guilty of a Class 3 1 felony. The fine for |
8 | | violation of this
subsection (c) shall not be more than |
9 | | $250,000:
|
10 | | (1) 1 gram or more but less than 15 grams of any
|
11 | | substance containing heroin, or an analog thereof;
|
12 | | (1.5) 1 gram or more but less than 15 grams of any |
13 | | substance containing fentanyl, or an analog thereof;
|
14 | | (2) 1 gram or more but less than 15
grams of any |
15 | | substance containing cocaine, or an analog thereof;
|
16 | | (3) 1 gram 10 grams or more but less than 15 grams of |
17 | | any substance
containing morphine, or an analog thereof;
|
18 | | (4) 1 gram 50 grams or more but less than 200 grams of |
19 | | any substance
containing peyote, or an analog thereof;
|
20 | | (5) 1 gram 50 grams or more but less than 200 grams of |
21 | | any substance
containing a derivative of barbituric acid or |
22 | | any of the salts of a
derivative of barbituric acid, or an |
23 | | analog thereof;
|
24 | | (6) 1 gram 50 grams or more but less than 200 grams of |
25 | | any substance
containing amphetamine or any salt of an |
26 | | optical isomer
of amphetamine, or an analog thereof;
|
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1 | | (6.5) (blank);
|
2 | | (7) (i) 1 gram 5 grams or more but less than 15 grams |
3 | | of any substance
containing lysergic acid diethylamide |
4 | | (LSD), or an analog thereof,
or (ii)
more than 1 object 10 |
5 | | objects or more than 1 10 segregated part parts of an |
6 | | object or objects
but less than 15 objects or less than 15 |
7 | | segregated parts of an object
containing in them or having |
8 | | upon them any amount of any substance
containing lysergic |
9 | | acid diethylamide (LSD), or an analog thereof;
|
10 | | (7.5) (i) 1 gram 5 grams or more but less than 15 grams |
11 | | of any substance listed
in paragraph (1), (2), (2.1), |
12 | | (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
(26) |
13 | | of subsection (d) of Section 204, or an analog or |
14 | | derivative thereof, or
(ii) more than 1 pill, tablet, |
15 | | caplet, capsule 10 pills, tablets, caplets, capsules , or |
16 | | object objects but less than
15 pills, tablets, caplets, |
17 | | capsules, or objects containing in them or having
upon them |
18 | | any amount of any substance listed in paragraph (1), (2), |
19 | | (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), (21), (25), |
20 | | or (26) of subsection (d) of
Section 204, or an analog or |
21 | | derivative thereof;
|
22 | | (8) 1 gram 10 grams or more but less than 30 grams of |
23 | | any substance
containing pentazocine or any of the salts, |
24 | | isomers and salts of isomers of
pentazocine, or an analog |
25 | | thereof;
|
26 | | (9) 1 gram 10 grams or more but less than 30 grams of |
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1 | | any substance
containing methaqualone or any of the salts, |
2 | | isomers and salts of isomers
of methaqualone, or an analog |
3 | | thereof;
|
4 | | (10) 1 gram 10 grams or more but less than 30 grams of |
5 | | any substance
containing phencyclidine or any of the salts, |
6 | | isomers and salts of isomers
of phencyclidine (PCP), or an |
7 | | analog thereof;
|
8 | | (10.5) 1 gram 10 grams or more but less than 30 grams |
9 | | of any substance
containing ketamine or any of the salts, |
10 | | isomers and salts of
isomers of ketamine, or an analog |
11 | | thereof;
|
12 | | (10.6) 1 gram 50 grams or more but less than 100 grams |
13 | | of any substance containing hydrocodone, or any of the |
14 | | salts, isomers and salts of isomers of hydrocodone, or an |
15 | | analog thereof; |
16 | | (10.7) 1 gram 50 grams or more but less than 100 grams |
17 | | of any substance containing dihydrocodeinone, or any of the |
18 | | salts, isomers and salts of isomers of dihydrocodeinone, or |
19 | | an analog thereof; |
20 | | (10.8) 1 gram 50 grams or more but less than 100 grams |
21 | | of any substance containing dihydrocodeine, or any of the |
22 | | salts, isomers and salts of isomers of dihydrocodeine, or |
23 | | an analog thereof; |
24 | | (10.9) 1 gram 50 grams or more but less than 100 grams |
25 | | of any substance containing oxycodone, or any of the salts, |
26 | | isomers and salts of isomers of oxycodone, or an analog |
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1 | | thereof; |
2 | | (11) 1 gram 50 grams or more but less than 200 grams of |
3 | | any substance
containing a substance classified in |
4 | | Schedules I or II, or an analog
thereof, which is not |
5 | | otherwise included in this subsection.
|
6 | | (c-1) Any person who knowingly delivers or possesses with |
7 | | intent to deliver the following amounts of controlled or |
8 | | counterfeit substances or controlled substance analogs, |
9 | | notwithstanding any of the provisions of subsections (a), (b), |
10 | | (d), (e), (f), (g), or (h) to the contrary, is guilty of a |
11 | | Class 3 felony. |
12 | | (1) more than 5 grams but less than 15 grams of any |
13 | | substance containing heroin, or an analog thereof; |
14 | | (1.5) more than 5 grams but less than 15 grams of any |
15 | | substance containing fentanyl, or an analog thereof; |
16 | | (2) more than 5 grams but less than 15 grams of any |
17 | | substance containing cocaine, or an analog thereof; |
18 | | (3) more than 5 grams but less than 15 grams of any |
19 | | substance containing morphine, or an analog thereof; |
20 | | (4) more than 100 grams but less than 200 grams of any |
21 | | substance containing peyote, or an analog thereof; |
22 | | (5) more than 100 grams but less than 200 grams of any |
23 | | substance containing a derivative of barbituric acid or any |
24 | | of the salts of a derivative of barbituric acid, or an |
25 | | analog thereof; |
26 | | (6) more than 100 grams but less than 200 grams of any |
|
| | HB6572 | - 144 - | LRB099 21635 RLC 48106 b |
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|
1 | | substance containing amphetamine or any salt of an optical |
2 | | isomer of amphetamine, or an analog thereof; |
3 | | (7) (i) more than 5 grams but less than 15 grams of any |
4 | | substance containing lysergic acid diethylamide (LSD), or |
5 | | an analog thereof, or (ii) more than 5 objects or more than |
6 | | 5 segregated parts of an object or objects but less than 15 |
7 | | objects or less than 15 segregated parts of an object |
8 | | containing in them or having upon them any amount of any |
9 | | substance containing lysergic acid diethylamide (LSD), or |
10 | | an analog thereof; |
11 | | (7.5) (i) more than 5 grams but less than 15 grams of |
12 | | any substance listed in paragraph (1), (2), (2.1), (2.2), |
13 | | (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of |
14 | | subsection (d) of Section 204, or an analog or derivative |
15 | | thereof, or (ii) more than 5 pills, tablets, caplets, |
16 | | capsules, or objects but less than 15 pills, tablets, |
17 | | caplets, capsules, or objects containing in them or having |
18 | | upon them any amount of any substance listed in paragraph |
19 | | (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), |
20 | | (21), (25), or (26) of subsection (d) of Section 204, or an |
21 | | analog or derivative thereof; |
22 | | (8) more than 5 grams but less than 30 grams of any |
23 | | substance containing pentazocine or any of the salts, |
24 | | isomers and salts of isomers of pentazocine, or an analog |
25 | | thereof; |
26 | | (9) more than 5 grams but less than 30 grams of any |
|
| | HB6572 | - 145 - | LRB099 21635 RLC 48106 b |
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|
1 | | substance containing methaqualone or any of the salts, |
2 | | isomers and salts of isomers of methaqualone, or an analog |
3 | | thereof; |
4 | | (10) more than 5 grams but less than 30 grams of any |
5 | | substance containing phencyclidine or any of the salts, |
6 | | isomers and salts of isomers of phencyclidine (PCP), or an |
7 | | analog thereof; |
8 | | (10.5) more than 5 grams but less than 30 grams of any |
9 | | substance containing ketamine or any of the salts, isomers |
10 | | and salts of isomers of ketamine, or an analog thereof; |
11 | | (10.6) more than 50 grams but less than 100 grams of |
12 | | any substance containing hydrocodone, or any of the salts, |
13 | | isomers and salts of isomers of hydrocodone, or an analog |
14 | | thereof; |
15 | | (10.7) more than 50 grams but less than 100 grams of |
16 | | any substance containing dihydrocodeinone, or any of the |
17 | | salts, isomers and salts of isomers of dihydrocodeinone, or |
18 | | an analog thereof; |
19 | | (10.8) more than 50 grams but less than 100 grams of |
20 | | any substance containing dihydrocodeine, or any of the |
21 | | salts, isomers and salts of isomers of dihydrocodeine, or |
22 | | an analog thereof; |
23 | | (10.9) more than 50 grams but less than 100 grams of |
24 | | any substance containing oxycodone, or any of the salts, |
25 | | isomers and salts of isomers of oxycodone, or an analog |
26 | | thereof; |
|
| | HB6572 | - 146 - | LRB099 21635 RLC 48106 b |
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|
1 | | (11) more than 50 grams but less than 200 grams of any |
2 | | substance containing a substance classified in Schedules I |
3 | | or II, or an analog thereof, which is not otherwise |
4 | | included in this subsection. |
5 | | (c-2) Any person who knowingly delivers or possesses with |
6 | | intent to deliver the following amounts of controlled or |
7 | | counterfeit substances or controlled substance analogs, |
8 | | notwithstanding any of the provisions of subsections (a), (b), |
9 | | (d), (e), (f), (g) or (h) to the contrary, is guilty of a Class |
10 | | A misdemeanor and shall be evaluated for drug addiction and |
11 | | given the opportunity to elect to submit to treatment under |
12 | | Article 40 of the Alcoholism and Other Drug Abuse Dependency |
13 | | Act; but if the person is not determined to be drug dependent |
14 | | after evaluation, he or she is guilty of a Class 4 felony: |
15 | | (1) 5 grams or less of any substance containing heroin, |
16 | | or an analog thereof; |
17 | | (1.5) 5 grams or less of any substance containing |
18 | | fentanyl, or an analog thereof; |
19 | | (2) 5 grams or less of any substance containing |
20 | | cocaine, or an analog thereof; |
21 | | (3) 5 grams or less of any substance containing |
22 | | morphine, or an analog thereof; |
23 | | (4) 100 grams or less of any substance containing |
24 | | peyote, or an analog thereof; |
25 | | (5) 100 grams or less of any substance containing a |
26 | | derivative of barbituric acid or any of the salts of a |
|
| | HB6572 | - 147 - | LRB099 21635 RLC 48106 b |
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|
1 | | derivative of barbituric acid, or an analog thereof; |
2 | | (6) 100 grams or less of any substance containing |
3 | | amphetamine or any salt of an optical isomer of |
4 | | amphetamine, or an analog thereof; |
5 | | (7) (i) 5 grams or less of any substance containing |
6 | | lysergic acid diethylamide (LSD), or an analog thereof, or |
7 | | (ii) 5 objects or less or 5 or less segregated parts of an |
8 | | object or objects or of an object containing in them or |
9 | | having upon them any amount of any substance containing |
10 | | lysergic acid diethylamide (LSD), or an analog thereof; |
11 | | (7.5) (i) 5 grams or less of any substance listed in |
12 | | paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), |
13 | | (20.1), (21), (25), or (26) of subsection (d) of Section |
14 | | 204, or an analog or
derivative thereof, or (ii) 5 or less |
15 | | pills, tablets, caplets, capsules, or objects or 5 or less |
16 | | pill, tablets, caplets, capsules, or objects containing in |
17 | | them or having upon them any amount of any substance listed |
18 | | in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), |
19 | | (20), (20.1), (21), (25), or (26) of subsection (d) of |
20 | | Section 204, or an analog or derivative thereof; |
21 | | (8) 30 grams or less of any substance containing |
22 | | pentazocine or any of the salts, isomers and salts of |
23 | | isomers of pentazocine, or an analog thereof; |
24 | | (9) 5 grams or less of any substance containing |
25 | | methaqualone or any of the salts, isomers and salts of |
26 | | isomers of methaqualone, or an analog thereof; |
|
| | HB6572 | - 148 - | LRB099 21635 RLC 48106 b |
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|
1 | | (10) 5 grams or less of any substance containing |
2 | | phencyclidine or any of the salts, isomers and salts of |
3 | | isomers of phencyclidine (PCP), or an analog thereof; |
4 | | (10.5) 5 grams or less of any substance containing |
5 | | ketamine or any of the salts, isomers and salts of isomers |
6 | | of ketamine, or an analog thereof; |
7 | | (10.6) 50 grams or less of any substance containing |
8 | | hydrocodone, or any of the salts, isomers and salts of |
9 | | isomers of hydrocodone, or an analog thereof; |
10 | | (10.7) 50 grams or less of any substance containing |
11 | | dihydrocodeinone, or any of the salts, isomers and salts of |
12 | | isomers of dihydrocodeinone, or an analog thereof; |
13 | | (10.8) 50 grams or less of any substance containing |
14 | | dihydrocodeine, or any of the salts, isomers and salts of |
15 | | isomers of dihydrocodeine, or an analog thereof; |
16 | | (10.9) 50 grams or less of any substance containing |
17 | | oxycodone, or any of the salts, isomers and salts of |
18 | | isomers of oxycodone, or an analog thereof; |
19 | | (11) 50 grams or less of any substance containing a |
20 | | substance classified in Schedules I or II, or an analog |
21 | | thereof, which is not otherwise included in this |
22 | | subsection. |
23 | | (c-5) (Blank).
|
24 | | (d) Any person who violates this Section with regard to any |
25 | | other
amount of a controlled or counterfeit substance |
26 | | containing dihydrocodeinone or dihydrocodeine or classified in
|
|
| | HB6572 | - 149 - | LRB099 21635 RLC 48106 b |
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|
1 | | Schedules I or II, or an analog thereof, which is (i) a |
2 | | narcotic
drug, (ii) lysergic acid diethylamide (LSD) or an |
3 | | analog thereof,
(iii) any
substance containing amphetamine or |
4 | | fentanyl or any salt or optical
isomer of amphetamine or |
5 | | fentanyl, or an analog thereof, or (iv) any
substance |
6 | | containing N-Benzylpiperazine (BZP) or any salt or optical
|
7 | | isomer of N-Benzylpiperazine (BZP), or an analog thereof, is |
8 | | guilty
of a Class 2 felony. The fine for violation of this |
9 | | subsection (d) shall
not be more than $200,000.
|
10 | | (d-5) (Blank).
|
11 | | (e) Any person who violates this Section with regard to any |
12 | | other
amount of a controlled substance other than |
13 | | methamphetamine or counterfeit substance classified in
|
14 | | Schedule I or II, or an analog thereof, which substance is not
|
15 | | included under subsection (d) of this Section, is
guilty of a |
16 | | Class 3 felony. The fine for violation of this subsection (e)
|
17 | | shall not be more than $150,000.
|
18 | | (f) Any person who violates this Section with regard to any |
19 | | other
amount of a controlled or counterfeit substance |
20 | | classified in
Schedule III is guilty of a Class 3 felony. The |
21 | | fine for violation of
this subsection (f) shall not be more |
22 | | than $125,000.
|
23 | | (g) Any person who violates this Section with regard to any |
24 | | other
amount of a controlled or counterfeit substance |
25 | | classified
in Schedule IV is guilty of a Class 4 3 felony. The |
26 | | fine for violation of
this subsection (g) shall not be more |
|
| | HB6572 | - 150 - | LRB099 21635 RLC 48106 b |
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|
1 | | than $100,000.
|
2 | | (h) Any person who violates this Section with regard to any |
3 | | other
amount of a controlled or counterfeit substance |
4 | | classified in
Schedule V is guilty of a Class 4 3 felony. The |
5 | | fine for violation of this
subsection (h) shall not be more |
6 | | than $75,000.
|
7 | | (i) This Section does not apply to the manufacture, |
8 | | possession or
distribution of a substance in conformance with |
9 | | the provisions of an approved
new drug application or an |
10 | | exemption for investigational use within the
meaning of Section |
11 | | 505 of the Federal Food, Drug and Cosmetic Act.
|
12 | | (j) (Blank).
|
13 | | (k) In assessing fines for violations of this Section, the |
14 | | court shall consider the offender's financial circumstances |
15 | | and ability to pay before and after imprisonment before |
16 | | assessing any fine. |
17 | | (l) In determining a sentence for violations of this |
18 | | Section, the court shall, also, consider the overcrowding of |
19 | | prisons in this State due to drug-related offenses. |
20 | | (Source: P.A. 99-371, eff. 1-1-16 .)
|
21 | | (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)
|
22 | | Sec. 402. Except as otherwise authorized by this Act, it is |
23 | | unlawful for
any person knowingly to possess a controlled or |
24 | | counterfeit substance or controlled substance analog.
A |
25 | | violation of this Act with respect to each of the controlled |
|
| | HB6572 | - 151 - | LRB099 21635 RLC 48106 b |
|
|
1 | | substances
listed herein constitutes a single and separate |
2 | | violation of this Act. For purposes of this Section, |
3 | | "controlled substance analog" or "analog"
means a substance, |
4 | | other than a controlled substance, that has a chemical |
5 | | structure substantially similar to that of a controlled
|
6 | | substance in Schedule I or II, or that was specifically |
7 | | designed to produce
an effect substantially similar to that of |
8 | | a controlled substance in Schedule
I or II. Examples of |
9 | | chemical classes in which controlled substance analogs
are |
10 | | found include, but are not limited to, the following: |
11 | | phenethylamines,
N-substituted piperidines, morphinans, |
12 | | ecgonines, quinazolinones, substituted
indoles, and |
13 | | arylcycloalkylamines. For purposes of this Act, a controlled
|
14 | | substance analog shall be treated in the same manner as the |
15 | | controlled
substance to which it is substantially similar.
|
16 | | (a) Any person who violates this Section with respect to |
17 | | the following
controlled or counterfeit substances and amounts |
18 | | listed in this subsection (a) , notwithstanding any of the
|
19 | | provisions of subsections (c) and (d) to the
contrary, is |
20 | | guilty of a Class A misdemeanor for the first and second |
21 | | violation and shall be admitted into a drug court program |
22 | | pursuant to the Drug Court Treatment Act or shall be evaluated |
23 | | for drug addiction or alcoholism and given the opportunity to |
24 | | elect to submit to treatment under Article 40 of the Alcoholism |
25 | | and Other Drug Abuse and Dependency Act. Any third or greater |
26 | | violation of this Section with respect to the below controlled |
|
| | HB6572 | - 152 - | LRB099 21635 RLC 48106 b |
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|
1 | | or counterfeit substances and amounts, notwithstanding any of |
2 | | the provisions of subsections (c) and (d) to the contrary, the |
3 | | person is guilty of a Class 4 felony Class 1 felony and shall, |
4 | | if sentenced to a term
of imprisonment, be sentenced as |
5 | | provided in this subsection (a) and fined
as provided in |
6 | | subsection (b) :
|
7 | | (1) (A) not less than 4 years and not more than 15 |
8 | | years with respect
to 15 grams or more but less than |
9 | | 100 grams of a substance containing heroin;
|
10 | | (B) not less than 6 years and not more than 30 |
11 | | years with respect to 100
grams or more but less than |
12 | | 400 grams of a substance containing heroin;
|
13 | | (C) not less than 8 years and not more than 40 |
14 | | years with respect to 400
grams or more but less than |
15 | | 900 grams of any substance containing heroin;
|
16 | | (D) not less than 10 years and not more than 50 |
17 | | years with respect to
900 grams or more of any |
18 | | substance containing heroin;
|
19 | | (2) (A) not less than 4 years and not more than 15 |
20 | | years with respect
to 15 grams or more but less than |
21 | | 100 grams of any substance containing
cocaine;
|
22 | | (B) not less than 6 years and not more than 30 |
23 | | years with respect to 100
grams or more but less than |
24 | | 400 grams of any substance containing cocaine;
|
25 | | (C) not less than 8 years and not more than 40 |
26 | | years with respect to 400
grams or more but less than |
|
| | HB6572 | - 153 - | LRB099 21635 RLC 48106 b |
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|
1 | | 900 grams of any substance containing cocaine;
|
2 | | (D) not less than 10 years and not more than 50 |
3 | | years with respect to
900 grams or more of any |
4 | | substance containing cocaine;
|
5 | | (3) (A) not less than 4 years and not more than 15 |
6 | | years with respect
to 15 grams or more but less than |
7 | | 100 grams of any substance containing
morphine;
|
8 | | (B) not less than 6 years and not more than 30 |
9 | | years with respect to 100
grams or more but less than |
10 | | 400 grams of any substance containing morphine;
|
11 | | (C) not less than 6 years and not more than 40 |
12 | | years with respect to 400
grams or more but less than |
13 | | 900 grams of any substance containing morphine;
|
14 | | (D) not less than 10 years and not more than 50 |
15 | | years with respect to
900 grams or more of any |
16 | | substance containing morphine;
|
17 | | (4) 100 200 grams or less more of any substance |
18 | | containing peyote;
|
19 | | (5) 100 200 grams or less more of any substance |
20 | | containing a derivative of
barbituric acid or any of the |
21 | | salts of a derivative of barbituric acid;
|
22 | | (6) 100 200 grams or less more of any substance |
23 | | containing amphetamine or any salt
of an optical isomer of |
24 | | amphetamine;
|
25 | | (6.5) (blank);
|
26 | | (7) (A) not less than 4 years and not more than 15 |
|
| | HB6572 | - 154 - | LRB099 21635 RLC 48106 b |
|
|
1 | | years with respect
to: (i) 15 grams or more but less |
2 | | than 100 grams of any substance containing
lysergic |
3 | | acid diethylamide (LSD), or an analog thereof, or (ii) |
4 | | 15 or
less more objects or 15 or less more segregated |
5 | | parts of an object or objects but
less than 200 objects |
6 | | or 200 segregated parts of an object or objects
|
7 | | containing in them or having upon them any amount of |
8 | | any substance
containing lysergic acid diethylamide |
9 | | (LSD), or an analog thereof;
|
10 | | (B) not less than 6 years and not more than 30 |
11 | | years with respect
to: (i) 100 grams or more but less |
12 | | than 400 grams of any substance
containing lysergic |
13 | | acid diethylamide (LSD), or an analog thereof, or (ii)
|
14 | | 200 or more objects or 200 or more segregated parts of |
15 | | an object or objects
but less than 600 objects or less |
16 | | than 600 segregated parts of an object or
objects |
17 | | containing in them or having upon them any amount of |
18 | | any substance
containing lysergic acid diethylamide |
19 | | (LSD), or an analog thereof;
|
20 | | (C) not less than 8 years and not more than 40 |
21 | | years with respect
to: (i) 400 grams or more but less |
22 | | than 900 grams of any substance
containing lysergic |
23 | | acid diethylamide (LSD), or an analog thereof, or (ii)
|
24 | | 600 or more objects or 600 or more segregated parts of |
25 | | an object or objects
but less than 1500 objects or 1500 |
26 | | segregated parts of an object or objects
containing in |
|
| | HB6572 | - 155 - | LRB099 21635 RLC 48106 b |
|
|
1 | | them or having upon them any amount of any substance
|
2 | | containing lysergic acid diethylamide (LSD), or an |
3 | | analog thereof;
|
4 | | (D) not less than 10 years and not more than 50 |
5 | | years with respect
to: (i) 900 grams or more of any |
6 | | substance containing lysergic acid
diethylamide (LSD), |
7 | | or an analog thereof, or (ii) 1500 or more objects or
|
8 | | 1500 or more segregated parts of an object or objects |
9 | | containing in them or
having upon them any amount of a |
10 | | substance containing lysergic acid
diethylamide (LSD), |
11 | | or an analog thereof;
|
12 | | (7.5) (A) not less than 4 years and not more than 15 |
13 | | years with respect
to: (i) 15
grams or more but
less |
14 | | than 100 grams of any substance listed in paragraph |
15 | | (1), (2), (2.1), (2.2), (3),
(14.1), (19),
(20), |
16 | | (20.1), (21), (25), or (26) of subsection (d) of |
17 | | Section 204, or an
analog or derivative
thereof, or |
18 | | (ii) 15 or more pills, tablets, caplets, capsules, or |
19 | | objects but
less than 200 pills,
tablets, caplets, |
20 | | capsules, or objects containing in them or having upon |
21 | | them
any amount of any
substance listed in paragraph |
22 | | (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), |
23 | | (20.1),
(21), (25), or (26) of
subsection (d) of |
24 | | Section 204, or an analog or derivative thereof;
|
25 | | (B) not less than 6 years and not more than 30 |
26 | | years with respect to: (i)
100
grams or more but
less |
|
| | HB6572 | - 156 - | LRB099 21635 RLC 48106 b |
|
|
1 | | than 400 grams of any substance listed in paragraph |
2 | | (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20),
|
3 | | (20.1), (21), (25), or (26) of subsection (d) of |
4 | | Section 204, or an analog or
derivative thereof, or
|
5 | | (ii) 200 or more pills, tablets, caplets, capsules, or |
6 | | objects but less than
600
pills, tablets,
caplets, |
7 | | capsules, or objects containing in them or having upon |
8 | | them any amount
of any
substance
listed in paragraph |
9 | | (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), |
10 | | (20.1), (21),
(25), or (26) of subsection
(d) of |
11 | | Section 204, or an analog or derivative thereof;
|
12 | | (C) not less than 8 years and not more than 40 |
13 | | years with respect to: (i)
400
grams or more but
less |
14 | | than 900 grams of any substance listed in paragraph |
15 | | (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20),
|
16 | | (20.1), (21), (25), or (26) of subsection (d) of |
17 | | Section 204, or an analog or
derivative thereof,
or |
18 | | (ii) 600 or more pills, tablets, caplets, capsules, or |
19 | | objects but less than
1,500 pills, tablets,
caplets, |
20 | | capsules, or objects containing in them or having upon |
21 | | them any amount
of any
substance listed in paragraph |
22 | | (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), |
23 | | (20.1),
(21), (25), or (26) of
subsection (d) of |
24 | | Section 204, or an analog or derivative thereof;
|
25 | | (D) not less than 10 years and not more than 50 |
26 | | years with respect to:
(i)
900 grams or more of
any |
|
| | HB6572 | - 157 - | LRB099 21635 RLC 48106 b |
|
|
1 | | substance listed in paragraph (1), (2), (2.1), (2.2), |
2 | | (3), (14.1), (19), (20),
(20.1), (21), (25), or (26)
of |
3 | | subsection (d) of Section 204, or an analog or |
4 | | derivative thereof, or (ii)
1,500 or more pills,
|
5 | | tablets, caplets, capsules, or objects containing in |
6 | | them or having upon them
any amount of a
substance |
7 | | listed in paragraph (1), (2), (2.1), (2.2), (3), |
8 | | (14.1), (19), (20), (20.1),
(21), (25), or (26) of
|
9 | | subsection (d) of Section 204, or an analog or |
10 | | derivative thereof;
|
11 | | (8) 15 30 grams or less more of any substance |
12 | | containing pentazocine or any of
the salts, isomers and |
13 | | salts of isomers of pentazocine, or an analog thereof;
|
14 | | (9) 15 30 grams or less more of any substance |
15 | | containing methaqualone or any
of the salts, isomers and |
16 | | salts of isomers of methaqualone;
|
17 | | (10) 15 30 grams or less more of any substance |
18 | | containing phencyclidine or any
of the salts, isomers and |
19 | | salts of isomers of phencyclidine (PCP);
|
20 | | (10.5) 15 30 grams or less more of any substance |
21 | | containing ketamine or any of
the salts, isomers and salts |
22 | | of isomers of ketamine;
|
23 | | (11) 15 200 grams or less more of any substance |
24 | | containing any substance
classified as a narcotic drug in |
25 | | Schedules I or II, or an analog thereof, which is not |
26 | | otherwise
included in this subsection.
|
|
| | HB6572 | - 158 - | LRB099 21635 RLC 48106 b |
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|
1 | | (b) Any person sentenced with respect to violations of |
2 | | paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) |
3 | | involving 100
grams or more of the
controlled substance named |
4 | | therein, may in addition to the penalties
provided therein, be |
5 | | fined an amount not to exceed $25,000 $200,000 or the full
|
6 | | street value of the controlled or counterfeit substances, |
7 | | whichever is less
greater . The term "street value" shall have |
8 | | the meaning
ascribed in Section 110-5 of the Code of Criminal |
9 | | Procedure of 1963. Any
person sentenced with respect to any |
10 | | other provision of subsection (a), may
in addition to the |
11 | | penalties provided therein, be fined an amount not to
exceed |
12 | | $200,000.
|
13 | | (c) Any person who violates this Section with regard to an |
14 | | amount
of a controlled substance other than methamphetamine or |
15 | | counterfeit substance not set forth in
subsection (a) or (d) is |
16 | | guilty of a Class 4 felony. The fine for a
violation punishable |
17 | | under this subsection (c) shall not be more
than $25,000.
|
18 | | (d) Any person who violates this Section with regard to any |
19 | | amount of
anabolic steroid is guilty of a Class C misdemeanor
|
20 | | for the first offense and a Class B misdemeanor for a |
21 | | subsequent offense
committed within 2 years of a prior |
22 | | conviction.
|
23 | | (e) In assessing fines for violations of this Section, the |
24 | | court shall consider the offender's financial circumstances |
25 | | and ability to pay before and after imprisonment before |
26 | | assessing any fine. |
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1 | | (Source: P.A. 99-371, eff. 1-1-16 .)
|
2 | | Section 45. The Drug Paraphernalia Control Act is amended |
3 | | by changing Section 3.5 as follows:
|
4 | | (720 ILCS 600/3.5)
|
5 | | Sec. 3.5. Possession of drug paraphernalia.
|
6 | | (a) Except for a civil violation under subsection (c) of |
7 | | this Section, a A person who knowingly possesses an item of |
8 | | drug paraphernalia
with
the intent to use it in ingesting, |
9 | | inhaling, or
otherwise introducing cannabis
or
a controlled |
10 | | substance into the human body, or in preparing cannabis or a
|
11 | | controlled substance
for that use, is guilty of a Class A |
12 | | misdemeanor for which the court
shall impose a maximum minimum |
13 | | fine of $750 in addition to any other penalty prescribed
for a |
14 | | Class A
misdemeanor . This subsection (a) does not apply to a |
15 | | person who is legally
authorized to possess
hypodermic syringes |
16 | | or needles under the Hypodermic Syringes and Needles Act.
|
17 | | (b) In determining intent under subsection (a), the trier |
18 | | of fact may take
into consideration the proximity of the |
19 | | cannabis or controlled substances to
drug
paraphernalia or the |
20 | | presence of cannabis or a controlled substance on the drug
|
21 | | paraphernalia.
|
22 | | (c) If a person violates subsection (a) of Section 4 of the |
23 | | Cannabis Control Act, the penalty for possession of any drug |
24 | | paraphernalia seized during the violation for that offense |
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1 | | shall be a civil violation punishable by a fine of $25. |
2 | | (Source: P.A. 93-392, eff. 7-25-03.)
|
3 | | Section 50. The Methamphetamine Control and Community |
4 | | Protection Act is amended by changing Sections 55 and 60 as |
5 | | follows:
|
6 | | (720 ILCS 646/55)
|
7 | | Sec. 55. Methamphetamine delivery. |
8 | | (a) Delivery or possession with intent to deliver |
9 | | methamphetamine or a substance containing methamphetamine.
|
10 | | (1) It is unlawful knowingly to engage in the delivery |
11 | | or possession with intent to deliver methamphetamine or a |
12 | | substance containing methamphetamine.
|
13 | | (2) A person who violates paragraph (1) of this |
14 | | subsection (a) is subject to the following penalties:
|
15 | | (A) A person who delivers or possesses with intent |
16 | | to deliver less than 5 or less grams of methamphetamine |
17 | | or a substance containing methamphetamine is guilty of |
18 | | a Class A misdemeanor and shall be evaluated for drug |
19 | | addiction and given the opportunity to elect to submit |
20 | | to treatment under Article 40 of the Alcoholism and |
21 | | Other Drug Abuse and Dependency Act; but if the person |
22 | | is not determined to be drug dependent after |
23 | | evaluation, he or she is guilty of a Class 4 felony 2 |
24 | | felony .
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1 | | (B) A person who delivers or possesses with intent |
2 | | to deliver more than 5 or more grams but less than 15 |
3 | | grams of methamphetamine or a substance containing |
4 | | methamphetamine is guilty of a Class 3 1 felony.
|
5 | | (C) A person who delivers or possesses with intent |
6 | | to deliver 15 or more grams but less than 100 grams of |
7 | | methamphetamine or a substance containing |
8 | | methamphetamine is guilty of a Class 2 X felony, |
9 | | subject to a term of imprisonment of not less than 6 |
10 | | years and not more than 30 years, and subject to a fine |
11 | | not to exceed $100,000 or the street value of the |
12 | | methamphetamine, whichever is greater.
|
13 | | (D) A person who delivers or possesses with intent |
14 | | to deliver 100 or more grams but less than 400 grams of |
15 | | methamphetamine or a substance containing |
16 | | methamphetamine is guilty of a Class 1 X felony, |
17 | | subject to a term of imprisonment of not less than 9 |
18 | | years and not more than 15 40 years, and subject to a |
19 | | fine not to exceed $200,000 or the street value of the |
20 | | methamphetamine, whichever is greater.
|
21 | | (E) A person who delivers or possesses with intent |
22 | | to deliver 400 or more grams but less than 900 grams of |
23 | | methamphetamine or a substance containing |
24 | | methamphetamine is guilty of a Class X felony, subject |
25 | | to a term of imprisonment of not less than 12 years and |
26 | | not more than 25 50 years, and subject to a fine not to |
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1 | | exceed $300,000 or the street value of the |
2 | | methamphetamine, whichever is greater.
|
3 | | (F) A person who delivers or possesses with intent |
4 | | to deliver 900 or more grams of methamphetamine or a |
5 | | substance containing methamphetamine is guilty of a |
6 | | Class X felony, subject to a term of imprisonment of |
7 | | not less than 15 years and not more than 30 60 years, |
8 | | and subject to a fine not to exceed $400,000 or the |
9 | | street value of the methamphetamine, whichever is |
10 | | greater.
|
11 | | (3) In assessing fines for violations of this |
12 | | subsection (a), the court shall consider the offender's |
13 | | financial circumstances and ability to pay before and after |
14 | | imprisonment before assessing any fine. |
15 | | (b) Aggravated delivery or possession with intent to |
16 | | deliver methamphetamine or a substance containing |
17 | | methamphetamine.
|
18 | | (1) It is unlawful to engage in the aggravated delivery |
19 | | or possession with intent to deliver methamphetamine or a |
20 | | substance containing methamphetamine. A person engages in |
21 | | the aggravated delivery or possession with intent to |
22 | | deliver methamphetamine or a substance containing |
23 | | methamphetamine when the person violates paragraph (1) of |
24 | | subsection (a) of this Section and:
|
25 | | (A) the person is at least 18 years of age and |
26 | | knowingly delivers or possesses with intent to deliver |
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1 | | the methamphetamine or substance containing |
2 | | methamphetamine to a person under 18 years of age;
|
3 | | (B) the person is at least 18 years of age and |
4 | | knowingly uses, engages, employs, or causes another |
5 | | person to use, engage, or employ a person under 18 |
6 | | years of age to deliver the methamphetamine or |
7 | | substance containing methamphetamine;
|
8 | | (C) the person knowingly delivers or possesses |
9 | | with intent to deliver the methamphetamine or |
10 | | substance containing methamphetamine in any structure |
11 | | or vehicle protected by one or more firearms, explosive |
12 | | devices, booby traps, alarm systems, surveillance |
13 | | systems, guard dogs, or dangerous animals;
|
14 | | (D) the person knowingly delivers or possesses |
15 | | with intent to deliver the methamphetamine or |
16 | | substance containing methamphetamine in any school, on |
17 | | any real property comprising any school, or in any |
18 | | conveyance owned, leased, or contracted by a school to |
19 | | transport students to or from school or a |
20 | | school-related activity;
|
21 | | (E) the person delivers or causes another person to |
22 | | deliver the methamphetamine or substance containing |
23 | | methamphetamine to a woman that the person knows to be |
24 | | pregnant;
or |
25 | | (F) (blank). |
26 | | (2) A person who violates paragraph (1) of this |
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1 | | subsection (b) is subject to the following penalties:
|
2 | | (A) A person who delivers or possesses with intent |
3 | | to deliver less than 5 grams of methamphetamine or a |
4 | | substance containing methamphetamine is guilty of a |
5 | | Class 1 felony.
|
6 | | (B) A person who delivers or possesses with intent |
7 | | to deliver 5 or more grams but less than 15 grams of |
8 | | methamphetamine or a substance containing |
9 | | methamphetamine is guilty of a Class X felony, subject |
10 | | to a term of imprisonment of not less than 6 years and |
11 | | not more than 30 years, and subject to a fine not to |
12 | | exceed $100,000 or the street value of the |
13 | | methamphetamine, whichever is greater.
|
14 | | (C) A person who delivers or possesses with intent |
15 | | to deliver 15 or more grams but less than 100 grams of |
16 | | methamphetamine or a substance containing |
17 | | methamphetamine is guilty of a Class X felony, subject |
18 | | to a term of imprisonment of not less than 8 years and |
19 | | not more than 40 years, and subject to a fine not to |
20 | | exceed $200,000 or the street value of the |
21 | | methamphetamine, whichever is greater.
|
22 | | (D) A person who delivers or possesses with intent |
23 | | to deliver 100 or more grams of methamphetamine or a |
24 | | substance containing methamphetamine is guilty of a |
25 | | Class X felony, subject to a term of imprisonment of |
26 | | not less than 10 years and not more than 50 years, and |
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1 | | subject to a fine not to exceed $300,000 or the street |
2 | | value of the methamphetamine, whichever is greater.
|
3 | | (Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
|
4 | | (720 ILCS 646/60)
|
5 | | Sec. 60. Methamphetamine possession. |
6 | | (a) It is unlawful knowingly to possess methamphetamine or |
7 | | a substance containing methamphetamine.
|
8 | | (b) A person who violates subsection (a) is subject to the |
9 | | following penalties:
|
10 | | (1) A person who possesses less than 15 5 grams or less |
11 | | of methamphetamine or a substance containing |
12 | | methamphetamine is guilty of a Class A misdemeanor for the |
13 | | first and second violation and shall be admitted into a |
14 | | drug court program pursuant to the Drug Court Treatment Act |
15 | | or shall be evaluated for drug addiction or alcoholism and |
16 | | given the opportunity to elect to submit to treatment under |
17 | | Article 40 of the Alcoholism and Other Drug Abuse and |
18 | | Dependency Act. Any third or subsequent violation of this |
19 | | Section with respect to the below controlled or counterfeit |
20 | | substances and amounts, notwithstanding any of the |
21 | | provisions of subsections (c) and (d) to the contrary is |
22 | | guilty of a Class 4 3 felony.
|
23 | | (2) (Blank). A person who possesses 5 or more grams but |
24 | | less than 15 grams of methamphetamine or a substance |
25 | | containing methamphetamine is guilty of a Class 2 felony.
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1 | | (3) A person who possesses 15 or more grams but less |
2 | | than 100 grams of methamphetamine or a substance containing |
3 | | methamphetamine is guilty of a Class 4 1 felony.
|
4 | | (4) A person who possesses 100 or more grams but less |
5 | | than 400 grams of methamphetamine or a substance containing |
6 | | methamphetamine is guilty of a Class 4 X felony, subject to |
7 | | a term of imprisonment of not less than 6 years and not |
8 | | more than 30 years , and subject to a fine not to exceed
|
9 | | $100,000.
|
10 | | (5) A person who possesses 400 or more grams but less |
11 | | than 900 grams of methamphetamine or a substance containing |
12 | | methamphetamine is guilty of a Class 4 X felony, subject to |
13 | | a term of imprisonment of not less than 8 years and not |
14 | | more than 40 years , and subject to a fine not to exceed
|
15 | | $200,000.
|
16 | | (6) A person who possesses 900 or more grams of |
17 | | methamphetamine or a substance containing methamphetamine |
18 | | is guilty of a Class 4 X felony, subject to a term of |
19 | | imprisonment of not less than 10 years and not more than 50 |
20 | | years, and subject to a fine not to exceed $300,000.
|
21 | | (c) In assessing fines for violations of this Section, the |
22 | | court shall consider the offender's financial circumstances |
23 | | and ability to pay before and after imprisonment before |
24 | | assessing any fine. |
25 | | (Source: P.A. 94-556, eff. 9-11-05.)
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1 | | Section 55. The Code of Criminal Procedure of 1963 is |
2 | | amended by changing Section 113-3.1 as follows:
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3 | | (725 ILCS 5/113-3.1) (from Ch. 38, par. 113-3.1)
|
4 | | Sec. 113-3.1. Payment for Court-Appointed Counsel.
|
5 | | (a) Whenever under
either Section 113-3 of this Code or |
6 | | Rule 607 of the Illinois Supreme Court
the court appoints |
7 | | counsel to represent a defendant, the court may order
the |
8 | | defendant to pay to the Clerk of the Circuit Court a reasonable |
9 | | sum
to reimburse either the county or the State for such |
10 | | representation.
In a hearing to determine the amount of the
|
11 | | payment, the court shall consider the affidavit prepared by the |
12 | | defendant
under Section 113-3 of this Code and any other |
13 | | information pertaining to
the defendant's financial |
14 | | circumstances which may be submitted by the parties.
Such |
15 | | hearing shall be conducted on the court's own motion or on |
16 | | motion of
the State's Attorney at any time after the |
17 | | appointment of counsel but no
later than 90 days after the |
18 | | entry of a final order disposing of the case
at the trial |
19 | | level.
|
20 | | (b) Any sum ordered paid under this Section may not exceed |
21 | | $500 for a
defendant charged with a misdemeanor, $5,000 for a |
22 | | defendant charged with
a felony, or $2,500 for a defendant who |
23 | | is appealing a conviction
of any class offense.
|
24 | | (c) The method of any payment required under this Section |
25 | | shall be as
specified by the Court. The court may order that |
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1 | | payments be made on a
monthly basis during the term of |
2 | | representation; however, the sum deposited as
money bond shall |
3 | | not be used to satisfy this court order. Any sum deposited
as |
4 | | money
bond with the Clerk of
the Circuit Court under Section |
5 | | 110-7 of this Code may be used in the
court's discretion in |
6 | | whole or in part to comply with any payment order
entered in |
7 | | accordance with paragraph
(a) of this Section. The court may |
8 | | give special consideration to the interests
of relatives or |
9 | | other third parties who may have posted a money bond on
the |
10 | | behalf of the defendant to secure his release. At any time |
11 | | prior to
full payment of any payment order the court on its own |
12 | | motion or the motion
of any party may reduce, increase, or |
13 | | suspend the ordered payment, or modify
the method of payment, |
14 | | as the interest of fairness may require. No increase,
|
15 | | suspension, or reduction may be ordered without a hearing and |
16 | | notice
to all parties.
|
17 | | (d) The Supreme Court or the circuit courts may provide by |
18 | | rule for
procedures for the enforcement of orders entered under |
19 | | this Section.
Such rules may provide for the assessment of all |
20 | | costs, including
attorneys' fees which are required for the |
21 | | enforcement of orders entered
under this Section when the court |
22 | | in an enforcement proceeding has first
found that the defendant |
23 | | has willfully refused to pay. The Clerk of the
Circuit Court |
24 | | shall keep records and make reports to the court concerning
|
25 | | funds paid under this Section in whatever manner the court |
26 | | directs.
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1 | | (e) Whenever an order is entered under this Section for the |
2 | | reimbursement
of the State due to the appointment of the State |
3 | | Appellate Defender as counsel
on appeal, the order shall |
4 | | provide that the Clerk of the Circuit Court shall
retain all |
5 | | funds paid pursuant to such order until the full amount of the
|
6 | | sum ordered to be paid by the defendant has been paid. When no |
7 | | balance remains
due on such order, the Clerk of the Circuit |
8 | | Court shall inform the court
of this fact and the court shall |
9 | | promptly order the Clerk of the Circuit
Court to pay to the |
10 | | State Treasurer all of the sum paid.
|
11 | | (f) The Clerk of the Circuit Court shall retain all funds |
12 | | under this Section
paid for the reimbursement of the county, |
13 | | and shall inform the court when
no balance remains due on an |
14 | | order entered hereunder. The Clerk of the Circuit
Court shall |
15 | | make payments of funds collected under this Section to the |
16 | | County
Treasurer in whatever manner and at whatever point as |
17 | | the court may direct,
including payments made on a monthly |
18 | | basis during the term
of representation.
|
19 | | (g) (Blank). A defendant who fails to obey any order of |
20 | | court entered under this
Section may be punished for contempt |
21 | | of court. Any arrearage in payments
may be reduced to judgment |
22 | | in the court's discretion and collected by any
means authorized |
23 | | for the collection of money judgments under the law of
this |
24 | | State.
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25 | | (Source: P.A. 88-394.)
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1 | | Section 60. The Unified Code of Corrections is amended by |
2 | | changing Sections 5-4.5-15, 5-4.5-25, 5-4.5-30, 5-4.5-35, |
3 | | 5-4.5-40, 5-4.5-45, 5-4.5-50, 5-4.5-70, 5-4.5-85, 5-4.5-95, |
4 | | 5-4.5-105, 5-9-1.1, 5-9-1.10, 5-9-1.17, and 5-9-3 as follows:
|
5 | | (730 ILCS 5/5-4.5-15) |
6 | | Sec. 5-4.5-15. DISPOSITIONS.
|
7 | | (a) APPROPRIATE DISPOSITIONS. The following are |
8 | | appropriate dispositions, alone or in combination, for all |
9 | | felonies and misdemeanors other than as provided in Section |
10 | | 5-5-3 (730 ILCS 5/5-5-3) or as specifically provided in the |
11 | | statute defining the offense or elsewhere: |
12 | | (1) A period of probation. |
13 | | (2) A term of periodic imprisonment. |
14 | | (3) A term of conditional discharge. |
15 | | (4) A term of imprisonment. |
16 | | (5) A fine. |
17 | | (6) Restitution to the victim. |
18 | | (7) Participation in an impact incarceration program. |
19 | | (8) A term of imprisonment in combination with a term |
20 | | of probation when the offender has been admitted into a |
21 | | drug court program. |
22 | | (9) If the defendant is convicted of arson, aggravated |
23 | | arson, residential arson, or place of worship arson, an |
24 | | order directing the offender to reimburse the local |
25 | | emergency response department for the costs of responding |
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1 | | to the fire that the offender was convicted of setting in |
2 | | accordance with the Emergency Services Response |
3 | | Reimbursement for Criminal Convictions Act. |
4 | | (b) FINE; RESTITUTION ; NOT SOLE DISPOSITION . A Neither a |
5 | | fine or nor restitution may shall be the sole disposition for a |
6 | | Class 4 felony, and either or both may be imposed only in |
7 | | conjunction with another disposition.
|
8 | | (c) PAROLE; MANDATORY SUPERVISED RELEASE. Except when a |
9 | | term of natural life is imposed, every sentence includes a term |
10 | | in addition to the term of imprisonment. For those sentenced |
11 | | under the law in effect before February 1, 1978, that term is a |
12 | | parole term. For those sentenced on or after February 1, 1978, |
13 | | that term is a mandatory supervised release term.
|
14 | | (Source: P.A. 95-1052, eff. 7-1-09; incorporates P.A. 96-400, |
15 | | eff. 8-13-09; 96-1000, eff. 7-2-10.)
|
16 | | (730 ILCS 5/5-4.5-25) |
17 | | Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X |
18 | | felony: |
19 | | (a) TERM. The sentence of imprisonment shall be a |
20 | | determinate sentence of not less than 6 years and not more than |
21 | | 30 years. The sentence of imprisonment for an extended term |
22 | | Class X felony, as provided in Section 5-8-2 (730 ILCS |
23 | | 5/5-8-2), shall be not less than 30 years and not more than 60 |
24 | | years.
|
25 | | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment |
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1 | | shall not be imposed.
|
2 | | (c) IMPACT INCARCERATION. The impact incarceration program |
3 | | or the county impact incarceration program is not an authorized |
4 | | disposition.
|
5 | | (d) PROBATION; CONDITIONAL DISCHARGE. A period of |
6 | | probation or conditional discharge shall not be imposed.
|
7 | | (e) FINE. Fines may be imposed as provided in Section |
8 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
|
9 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) |
10 | | concerning restitution.
|
11 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall |
12 | | be concurrent or consecutive as provided in Section 5-8-4 (730 |
13 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
|
14 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment |
15 | | Act (730 ILCS 166/20) concerning eligibility for a drug court |
16 | | program.
|
17 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 |
18 | | ILCS 5/5-4.5-100) concerning no credit for time spent in home |
19 | | detention prior to judgment.
|
20 | | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) |
21 | | for rules and regulations for sentence credit.
|
22 | | (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS |
23 | | 5/5-8A-3) concerning eligibility for electronic home |
24 | | detention.
|
25 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as |
26 | | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or |
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1 | | 5/5-8-1), the parole or mandatory supervised release term shall |
2 | | be 3 years upon release from imprisonment.
|
3 | | (Source: P.A. 97-697, eff. 6-22-12.)
|
4 | | (730 ILCS 5/5-4.5-30) |
5 | | Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1 |
6 | | felony: |
7 | | (a) TERM. The sentence of imprisonment, other than for |
8 | | second degree murder, shall be a determinate sentence of not |
9 | | less than 4 years and not more than 15 years. The sentence of |
10 | | imprisonment for second degree murder shall be a determinate |
11 | | sentence of not less than 4 years and not more than 20 years. |
12 | | The sentence of imprisonment for an extended term Class 1 |
13 | | felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall |
14 | | be a term not less than 15 years and not more than 30 years.
|
15 | | (b) PERIODIC IMPRISONMENT. A sentence of periodic |
16 | | imprisonment shall be for a definite term of from 3 to 4 years, |
17 | | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 |
18 | | ILCS 5/5-5-3 or 5/5-7-1).
|
19 | | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 |
20 | | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for |
21 | | the impact incarceration program or the county impact |
22 | | incarceration program.
|
23 | | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided |
24 | | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the |
25 | | period of probation or conditional discharge shall not exceed 4 |
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1 | | years. The court shall specify the conditions of probation or |
2 | | conditional discharge as set forth in Section 5-6-3 (730 ILCS |
3 | | 5/5-6-3). In no case shall an offender be eligible for a |
4 | | disposition of probation or conditional discharge for a Class 1 |
5 | | felony committed while he or she was serving a term of |
6 | | probation or conditional discharge for a felony.
|
7 | | (e) FINE. Fines may be imposed as provided in Section |
8 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
|
9 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) |
10 | | concerning restitution.
|
11 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall |
12 | | be concurrent or consecutive as provided in Section 5-8-4 (730 |
13 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
|
14 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment |
15 | | Act (730 ILCS 166/20) concerning eligibility for a drug court |
16 | | program.
|
17 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 |
18 | | ILCS 5/5-4.5-100) concerning credit for time spent in home |
19 | | detention prior to judgment.
|
20 | | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 |
21 | | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act |
22 | | (730 ILCS 130/) for rules and regulations for sentence credit.
|
23 | | (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS |
24 | | 5/5-8A-3) concerning eligibility for electronic home |
25 | | detention.
|
26 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as |
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1 | | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or |
2 | | 5/5-8-1), the parole or mandatory supervised release term shall |
3 | | be 2 years upon release from imprisonment.
|
4 | | (Source: P.A. 97-697, eff. 6-22-12.)
|
5 | | (730 ILCS 5/5-4.5-35) |
6 | | Sec. 5-4.5-35. CLASS 2 FELONIES; SENTENCE. For a Class 2 |
7 | | felony: |
8 | | (a) TERM. The sentence of imprisonment shall be a |
9 | | determinate sentence of not less than 3 years and not more than |
10 | | 7 years. The sentence of imprisonment for an extended term |
11 | | Class 2 felony, as provided in Section 5-8-2 (730 ILCS |
12 | | 5/5-8-2), shall be a term not less than 7 years and not more |
13 | | than 14 years.
|
14 | | (b) PERIODIC IMPRISONMENT. A sentence of periodic |
15 | | imprisonment shall be for a definite term of from 18 to 30 |
16 | | months, except as otherwise provided in Section 5-5-3 or 5-7-1 |
17 | | (730 ILCS 5/5-5-3 or 5/5-7-1).
|
18 | | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 |
19 | | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for |
20 | | the impact incarceration program or the county impact |
21 | | incarceration program.
|
22 | | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided |
23 | | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the |
24 | | period of probation or conditional discharge shall not exceed 4 |
25 | | years. The court shall specify the conditions of probation or |
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1 | | conditional discharge as set forth in Section 5-6-3 (730 ILCS |
2 | | 5/5-6-3).
|
3 | | (e) FINE. Fines may be imposed as provided in Section |
4 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
|
5 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) |
6 | | concerning restitution.
|
7 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall |
8 | | be concurrent or consecutive as provided in Section 5-8-4 (730 |
9 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
|
10 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment |
11 | | Act (730 ILCS 166/20) concerning eligibility for a drug court |
12 | | program.
|
13 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 |
14 | | ILCS 5/5-4.5-100) concerning credit for time spent in home |
15 | | detention prior to judgment.
|
16 | | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 |
17 | | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act |
18 | | (730 ILCS 130/) for rules and regulations for sentence credit.
|
19 | | (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS |
20 | | 5/5-8A-3) concerning eligibility for electronic home |
21 | | detention.
|
22 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as |
23 | | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or |
24 | | 5/5-8-1), the parole or mandatory supervised release term shall |
25 | | be 2 years upon release from imprisonment.
|
26 | | (Source: P.A. 97-697, eff. 6-22-12.)
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1 | | (730 ILCS 5/5-4.5-40) |
2 | | Sec. 5-4.5-40. CLASS 3 FELONIES; SENTENCE. For a Class 3 |
3 | | felony: |
4 | | (a) TERM. The sentence of imprisonment shall be a |
5 | | determinate sentence of not less than 2 years and not more than |
6 | | 5 years. The sentence of imprisonment for an extended term |
7 | | Class 3 felony, as provided in Section 5-8-2 (730 ILCS |
8 | | 5/5-8-2), shall be a term not less than 5 years and not more |
9 | | than 10 years.
|
10 | | (b) PERIODIC IMPRISONMENT. A sentence of periodic |
11 | | imprisonment shall be for a definite term of up to 18 months, |
12 | | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 |
13 | | ILCS 5/5-5-3 or 5/5-7-1).
|
14 | | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 |
15 | | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for |
16 | | the impact incarceration program or the county impact |
17 | | incarceration program.
|
18 | | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided |
19 | | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the |
20 | | period of probation or conditional discharge shall not exceed |
21 | | 30 months. The court shall specify the conditions of probation |
22 | | or conditional discharge as set forth in Section 5-6-3 (730 |
23 | | ILCS 5/5-6-3).
|
24 | | (e) FINE. Fines may be imposed as provided in Section |
25 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
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1 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) |
2 | | concerning restitution.
|
3 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall |
4 | | be concurrent or consecutive as provided in Section 5-8-4 (730 |
5 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
|
6 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment |
7 | | Act (730 ILCS 166/20) concerning eligibility for a drug court |
8 | | program.
|
9 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 |
10 | | ILCS 5/5-4.5-100) concerning credit for time spent in home |
11 | | detention prior to judgment.
|
12 | | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 |
13 | | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act |
14 | | (730 ILCS 130/) for rules and regulations for sentence credit.
|
15 | | (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS |
16 | | 5/5-8A-3) concerning eligibility for electronic home |
17 | | detention.
|
18 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as |
19 | | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or |
20 | | 5/5-8-1), the parole or mandatory supervised release term shall |
21 | | be one year upon release from imprisonment.
|
22 | | (Source: P.A. 97-697, eff. 6-22-12.)
|
23 | | (730 ILCS 5/5-4.5-45) |
24 | | Sec. 5-4.5-45. CLASS 4 FELONIES; SENTENCE. For a Class 4 |
25 | | felony: |
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1 | | (a) TERM. The sentence of imprisonment shall be a |
2 | | determinate sentence of not less than one year and not more |
3 | | than 3 years. The sentence of imprisonment for an extended term |
4 | | Class 4 felony, as provided in Section 5-8-2 (730 ILCS |
5 | | 5/5-8-2), shall be a term not less than 3 years and not more |
6 | | than 6 years.
|
7 | | (b) PERIODIC IMPRISONMENT. A sentence of periodic |
8 | | imprisonment shall be for a definite term of up to 18 months, |
9 | | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 |
10 | | ILCS 5/5-5-3 or 5/5-7-1).
|
11 | | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 |
12 | | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for |
13 | | the impact incarceration program or the county impact |
14 | | incarceration program.
|
15 | | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided |
16 | | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the |
17 | | period of probation or conditional discharge shall not exceed |
18 | | 30 months. The court shall specify the conditions of probation |
19 | | or conditional discharge as set forth in Section 5-6-3 (730 |
20 | | ILCS 5/5-6-3).
|
21 | | (e) FINE. Fines may be imposed as provided in Section |
22 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
|
23 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) |
24 | | concerning restitution.
|
25 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall |
26 | | be concurrent or consecutive as provided in Section 5-8-4 (730 |
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1 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
|
2 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment |
3 | | Act (730 ILCS 166/20) concerning eligibility for a drug court |
4 | | program.
|
5 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 |
6 | | ILCS 5/5-4.5-100) concerning credit for time spent in home |
7 | | detention prior to judgment.
|
8 | | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 |
9 | | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act |
10 | | (730 ILCS 130/) for rules and regulations for sentence credit.
|
11 | | (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS |
12 | | 5/5-8A-3) concerning eligibility for electronic home |
13 | | detention.
|
14 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as |
15 | | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or |
16 | | 5/5-8-1), the parole or mandatory supervised release term shall |
17 | | be one year upon release from imprisonment.
|
18 | | (Source: P.A. 97-697, eff. 6-22-12.)
|
19 | | (730 ILCS 5/5-4.5-50) |
20 | | Sec. 5-4.5-50. SENTENCE PROVISIONS; ALL FELONIES. Except |
21 | | as otherwise provided, for all felonies: |
22 | | (a) NO SUPERVISION. The court, upon a plea of guilty or a |
23 | | stipulation by the defendant of the facts supporting the charge |
24 | | or a finding of guilt, may not defer further proceedings and |
25 | | the imposition of a sentence and may not enter an order for |
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1 | | supervision of the defendant. |
2 | | (b) FELONY FINES. An offender may be sentenced to pay a |
3 | | fine not to exceed, for each offense, $25,000 or the amount |
4 | | specified in the offense, whichever is greater, or if the |
5 | | offender is a corporation, $50,000 or the amount specified in |
6 | | the offense, whichever is greater. A fine may be imposed in |
7 | | addition to a sentence of conditional discharge, probation, |
8 | | periodic imprisonment, or imprisonment. See Article 9 of |
9 | | Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of |
10 | | additional amounts and determination of amounts and payment. |
11 | | The court shall consider the offender's financial |
12 | | circumstances and ability to pay before and after imprisonment |
13 | | before assessing any fine. |
14 | | (c) REASONS FOR SENTENCE STATED. The sentencing judge in |
15 | | each felony conviction shall set forth his or her reasons for |
16 | | imposing the particular sentence entered in the case, as |
17 | | provided in Section 5-4-1 (730 ILCS 5/5-4-1). Those reasons may |
18 | | include any mitigating or aggravating factors specified in this |
19 | | Code, or the lack of any such factors, as well as any other |
20 | | mitigating or aggravating factors that the judge sets forth on |
21 | | the record that are consistent with the purposes and principles |
22 | | of sentencing set out in this Code. |
23 | | (d) MOTION TO REDUCE SENTENCE. A motion to reduce a |
24 | | sentence may be made, or the court may reduce a sentence |
25 | | without motion, within 30 days after the sentence is imposed. A |
26 | | defendant's challenge to the correctness of a sentence or to |
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1 | | any aspect of the sentencing hearing shall be made by a written |
2 | | motion filed with the circuit court clerk within 30 days |
3 | | following the imposition of sentence. A motion not filed within |
4 | | that 30-day period is not timely. The court may not increase a |
5 | | sentence once it is imposed. A notice of motion must be filed |
6 | | with the motion. The notice of motion shall set the motion on |
7 | | the court's calendar on a date certain within a reasonable time |
8 | | after the date of filing. |
9 | | If a motion filed pursuant to this subsection is timely |
10 | | filed, the proponent of the motion shall exercise due diligence |
11 | | in seeking a determination on the motion and the court shall |
12 | | thereafter decide the motion within a reasonable time. |
13 | | If a motion filed pursuant to this subsection is timely |
14 | | filed, then for purposes of perfecting an appeal, a final |
15 | | judgment is not considered to have been entered until the |
16 | | motion to reduce the sentence has been decided by order entered |
17 | | by the trial court. |
18 | | (e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR |
19 | | OTHER-STATE SENTENCE. A defendant who has a previous and |
20 | | unexpired sentence of imprisonment imposed by another state or |
21 | | by any district court of the United States and who, after |
22 | | sentence for a crime in Illinois, must return to serve the |
23 | | unexpired prior sentence may have his or her sentence by the |
24 | | Illinois court ordered to be concurrent with the prior |
25 | | other-state or federal sentence. The court may order that any |
26 | | time served on the unexpired portion of the other-state or |
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1 | | federal sentence, prior to his or her return to Illinois, shall |
2 | | be credited on his or her Illinois sentence. The appropriate |
3 | | official of the other state or the United States shall be |
4 | | furnished with a copy of the order imposing sentence, which |
5 | | shall provide that, when the offender is released from |
6 | | other-state or federal confinement, whether by parole or by |
7 | | termination of sentence, the offender shall be transferred by |
8 | | the Sheriff of the committing Illinois county to the Illinois |
9 | | Department of Corrections. The court shall cause the Department |
10 | | of Corrections to be notified of the sentence at the time of |
11 | | commitment and to be provided with copies of all records |
12 | | regarding the sentence. |
13 | | (f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A |
14 | | defendant who has a previous and unexpired sentence of |
15 | | imprisonment imposed by an Illinois circuit court for a crime |
16 | | in this State and who is subsequently sentenced to a term of |
17 | | imprisonment by another state or by any district court of the |
18 | | United States and who has served a term of imprisonment imposed |
19 | | by the other state or district court of the United States, and |
20 | | must return to serve the unexpired prior sentence imposed by |
21 | | the Illinois circuit court, may apply to the Illinois circuit |
22 | | court that imposed sentence to have his or her sentence |
23 | | reduced. |
24 | | The circuit court may order that any time served on the |
25 | | sentence imposed by the other state or district court of the |
26 | | United States be credited on his or her Illinois sentence. The |
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1 | | application for reduction of a sentence under this subsection |
2 | | shall be made within 30 days after the defendant has completed |
3 | | the sentence imposed by the other state or district court of |
4 | | the United States.
|
5 | | (g) NO REQUIRED BIRTH CONTROL. A court may not impose a |
6 | | sentence or disposition that requires the defendant to be |
7 | | implanted or injected with or to use any form of birth control.
|
8 | | (Source: P.A. 95-1052, eff. 7-1-09 .)
|
9 | | (730 ILCS 5/5-4.5-70) |
10 | | Sec. 5-4.5-70. SENTENCE PROVISIONS; ALL MISDEMEANORS. |
11 | | Except as otherwise provided, for all misdemeanors: |
12 | | (a) SUPERVISION; ORDER. The court, upon a plea of guilty or |
13 | | a stipulation by the defendant of the facts supporting the |
14 | | charge or a finding of guilt, may defer further proceedings and |
15 | | the imposition of a sentence and may enter an order for |
16 | | supervision of the defendant. If the defendant is not barred |
17 | | from receiving an order for supervision under Section 5-6-1 |
18 | | (730 ILCS 5/5-6-1) or otherwise, the court may enter an order |
19 | | for supervision after considering the circumstances of the |
20 | | offense, and the history, character, and condition of the |
21 | | offender, if the court is of the opinion that: |
22 | | (1) the defendant is not likely to commit further |
23 | | crimes; |
24 | | (2) the defendant and the public would be best served |
25 | | if the defendant were not to receive a criminal record; and |
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1 | | (3) in the best interests of justice, an order of |
2 | | supervision is more appropriate than a sentence otherwise |
3 | | permitted under this Code. |
4 | | (b) SUPERVISION; PERIOD. When a defendant is placed on |
5 | | supervision, the court shall enter an order for supervision |
6 | | specifying the period of supervision, and shall defer further |
7 | | proceedings in the case until the conclusion of the period. The |
8 | | period of supervision shall be reasonable under all of the |
9 | | circumstances of the case, and except as otherwise provided, |
10 | | may not be longer than 2 years, unless the defendant has |
11 | | knowingly or intentionally failed to pay the assessment |
12 | | required by Section 10.3 of the Cannabis Control Act (720 ILCS |
13 | | 550/10.3), Section 411.2 of the Illinois Controlled Substances |
14 | | Act (720 ILCS 570/411.2), or Section 80 of the Methamphetamine |
15 | | Control and Community Protection Act (720 ILCS 646/80), in |
16 | | which case the court may extend supervision beyond 2 years. The |
17 | | court shall specify the conditions of supervision as set forth |
18 | | in Section 5-6-3.1 (730 ILCS 5/5-6-3.1). |
19 | | (c) NO REQUIRED BIRTH CONTROL. A court may not impose a |
20 | | sentence or disposition that requires the defendant to be |
21 | | implanted or injected with or to use any form of birth control.
|
22 | | (Source: P.A. 95-1052, eff. 7-1-09 .)
|
23 | | (730 ILCS 5/5-4.5-85)
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24 | | Sec. 5-4.5-85. UNCLASSIFIED OFFENSES; SENTENCE. |
25 | | (a) FELONY. The particular classification of each felony is |
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1 | | specified in the law defining the felony. Any unclassified |
2 | | offense that is declared by law to be a felony or that provides |
3 | | a sentence to a term of imprisonment for one year or more is a |
4 | | Class 4 felony. |
5 | | (b) MISDEMEANOR. The particular classification of each |
6 | | misdemeanor is specified in the law or ordinance defining the |
7 | | misdemeanor. |
8 | | (1) Any offense not so classified that provides a |
9 | | sentence to a term of imprisonment of less than one year |
10 | | but in excess of 6 months is a Class A misdemeanor. |
11 | | (2) Any offense not so classified that provides a |
12 | | sentence to a term of imprisonment of 6 months or less but |
13 | | in excess of 30 days is a Class B misdemeanor. |
14 | | (3) Any offense not so classified that provides a |
15 | | sentence to a term of imprisonment of 30 days or less is a |
16 | | Class C misdemeanor. |
17 | | (c) PETTY OR BUSINESS OFFENSE. Any unclassified offense |
18 | | that does not provide for a sentence of imprisonment is a petty |
19 | | offense or a business offense.
|
20 | | (Source: P.A. 95-1052, eff. 7-1-09 .)
|
21 | | (730 ILCS 5/5-4.5-95) |
22 | | Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS. |
23 | | (a) HABITUAL CRIMINALS. |
24 | | (1) Every person who has been twice convicted in any |
25 | | state or federal court of an offense that contains the same |
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1 | | elements as an offense now (the date of the offense |
2 | | committed after the 2 prior convictions) classified in |
3 | | Illinois as a Class X felony, criminal sexual assault, |
4 | | aggravated kidnapping, or first degree murder, and who is |
5 | | thereafter convicted of a Class X felony, criminal sexual |
6 | | assault, or first degree murder, committed after the 2 |
7 | | prior convictions, shall be adjudged an habitual criminal. |
8 | | (2) The 2 prior convictions need not have been for the |
9 | | same offense. |
10 | | (3) Any convictions that result from or are connected |
11 | | with the same transaction, or result from offenses |
12 | | committed at the same time, shall be counted for the |
13 | | purposes of this Section as one conviction. |
14 | | (4) This Section does not apply unless each of the |
15 | | following requirements are satisfied: |
16 | | (A) The third offense was committed after July 3, |
17 | | 1980. |
18 | | (B) The third offense was committed within 20 years |
19 | | of the date that judgment was entered on the first |
20 | | conviction; provided, however, that time spent in |
21 | | custody shall not be counted. |
22 | | (C) The third offense was committed after |
23 | | conviction on the second offense. |
24 | | (D) The second offense was committed after |
25 | | conviction on the first offense. |
26 | | (5) Anyone who, having attained the age of 18 at the |
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1 | | time of the third offense, is adjudged an habitual criminal |
2 | | shall be sentenced to a term of natural life imprisonment. |
3 | | (6) A prior conviction shall not be alleged in the |
4 | | indictment, and no evidence or other disclosure of that |
5 | | conviction shall be presented to the court or the jury |
6 | | during the trial of an offense set forth in this Section |
7 | | unless otherwise permitted by the issues properly raised in |
8 | | that trial. After a plea or verdict or finding of guilty |
9 | | and before sentence is imposed, the prosecutor may file |
10 | | with the court a verified written statement signed by the |
11 | | State's Attorney concerning any former conviction of an |
12 | | offense set forth in this Section rendered against the |
13 | | defendant. The court shall then cause the defendant to be |
14 | | brought before it; shall inform the defendant of the |
15 | | allegations of the statement so filed, and of his or her |
16 | | right to a hearing before the court on the issue of that |
17 | | former conviction and of his or her right to counsel at |
18 | | that hearing; and unless the defendant admits such |
19 | | conviction, shall hear and determine the issue, and shall |
20 | | make a written finding thereon. If a sentence has |
21 | | previously been imposed, the court may vacate that sentence |
22 | | and impose a new sentence in accordance with this Section. |
23 | | (7) A duly authenticated copy of the record of any |
24 | | alleged former conviction of an offense set forth in this |
25 | | Section shall be prima facie evidence of that former |
26 | | conviction; and a duly authenticated copy of the record of |
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1 | | the defendant's final release or discharge from probation |
2 | | granted, or from sentence and parole supervision (if any) |
3 | | imposed pursuant to that former conviction, shall be prima |
4 | | facie evidence of that release or discharge. |
5 | | (8) Any claim that a previous conviction offered by the |
6 | | prosecution is not a former conviction of an offense set |
7 | | forth in this Section because of the existence of any |
8 | | exceptions described in this Section, is waived unless duly |
9 | | raised at the hearing on that conviction, or unless the |
10 | | prosecution's proof shows the existence of the exceptions |
11 | | described in this Section. |
12 | | (9) If the person so convicted shows to the |
13 | | satisfaction of the court before whom that conviction was |
14 | | had that he or she was released from imprisonment, upon |
15 | | either of the sentences upon a pardon granted for the |
16 | | reason that he or she was innocent, that conviction and |
17 | | sentence shall not be considered under this Section.
|
18 | | (b) (Blank). When a defendant, over the age of 21 years, is |
19 | | convicted of a Class 1 or Class 2 felony, after having twice |
20 | | been convicted in any state or federal court of an offense that |
21 | | contains the same elements as an offense now (the date the |
22 | | Class 1 or Class 2 felony was committed) classified in Illinois |
23 | | as a Class 2 or greater Class felony and those charges are |
24 | | separately brought and tried and arise out of different series |
25 | | of acts, that defendant shall be sentenced as a Class X |
26 | | offender. This subsection does not apply unless: |
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1 | | (1) the first felony was committed after February 1, |
2 | | 1978 (the effective date of Public Act 80-1099); |
3 | | (2) the second felony was committed after conviction on |
4 | | the first; and |
5 | | (3) the third felony was committed after conviction on |
6 | | the second. |
7 | | A person sentenced as a Class X offender under this |
8 | | subsection (b) is not eligible to apply for treatment as a |
9 | | condition of probation as provided by Section 40-10 of the |
10 | | Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS |
11 | | 301/40-10).
|
12 | | (Source: P.A. 99-69, eff. 1-1-16 .)
|
13 | | (730 ILCS 5/5-4.5-105) |
14 | | Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF |
15 | | 18 AT THE TIME OF THE COMMISSION OF AN OFFENSE. |
16 | | (a) On or after the effective date of this amendatory Act |
17 | | of the 99th General Assembly, when a person commits an offense |
18 | | and the person is under 18 years of age at the time of the |
19 | | commission of the offense, the court, at the sentencing hearing |
20 | | conducted under Section 5-4-1, shall consider the following |
21 | | additional factors in mitigation in determining the |
22 | | appropriate sentence: |
23 | | (1) the person's age, impetuosity, and level of |
24 | | maturity at the time of the offense, including the ability |
25 | | to consider risks and consequences of behavior, and the |
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1 | | presence of cognitive or developmental disability, or |
2 | | both, if any; |
3 | | (2) whether the person was subjected to outside |
4 | | pressure, including peer pressure, familial pressure, or |
5 | | negative influences; |
6 | | (3) the person's family, home environment, educational |
7 | | and social background, including any history of parental |
8 | | neglect, physical abuse, or other childhood trauma; |
9 | | (4) the person's potential for rehabilitation or |
10 | | evidence of rehabilitation, or both; |
11 | | (5) the circumstances of the offense; |
12 | | (6) the person's degree of participation and specific |
13 | | role in the offense, including the level of planning by the |
14 | | defendant before the offense; |
15 | | (7) whether the person was able to meaningfully |
16 | | participate in his or her defense; |
17 | | (8) the person's prior juvenile or criminal history; |
18 | | and |
19 | | (9) any other information the court finds relevant and |
20 | | reliable, including an expression of remorse, if |
21 | | appropriate. However, if the person, on advice of counsel |
22 | | chooses not to make a statement, the court shall not |
23 | | consider a lack of an expression of remorse as an |
24 | | aggravating factor. |
25 | | (b) Except as provided in subsection (c), the court may |
26 | | sentence the defendant to any disposition authorized for the |
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1 | | class of the offense of which he or she was found guilty as |
2 | | described in Article 4.5 of this Code, and may, in its |
3 | | discretion, decline to impose any otherwise applicable |
4 | | sentencing enhancement based upon firearm possession, |
5 | | possession with personal discharge, or possession with |
6 | | personal discharge that proximately causes great bodily harm, |
7 | | permanent disability, permanent disfigurement, or death to |
8 | | another person. |
9 | | (c) Notwithstanding any other provision of law, if the |
10 | | defendant is convicted of first degree murder and would |
11 | | otherwise be subject to sentencing under clause (iii), (iv), |
12 | | (v), or (vii) of subsection (c) of Section 5-8-1 of this Code |
13 | | based on the category of persons identified therein, the court |
14 | | shall impose a sentence of not less than 20 40 years of |
15 | | imprisonment. In addition, the court may, in its discretion, |
16 | | decline to impose the sentencing enhancements based upon the |
17 | | possession or use of a firearm during the commission of the |
18 | | offense included in subsection (d) of Section 5-8-1.
|
19 | | (Source: P.A. 99-69, eff. 1-1-16; 99-258, eff. 1-1-16 .)
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20 | | (730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1) |
21 | | (Text of Section from P.A. 94-550, 96-132, 96-402, 96-1234, |
22 | | 97-545, 98-537, and 99-480) |
23 | | Sec. 5-9-1.1. Drug related offenses. |
24 | | (a) When a person has been adjudged guilty of a drug |
25 | | related
offense involving possession or delivery of cannabis or |
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1 | | possession or delivery
of a controlled substance, other than |
2 | | methamphetamine, as defined in the Cannabis Control Act, as |
3 | | amended,
or the Illinois Controlled Substances Act, as amended, |
4 | | in addition to any
other penalty imposed, a fine shall be |
5 | | levied by the court at not less than
the full street value of |
6 | | the cannabis or controlled substances seized for felony |
7 | | offenses . |
8 | | "Street value" shall be determined by the court on the |
9 | | basis of testimony
of law enforcement personnel and the |
10 | | defendant as to the amount seized and
such testimony as may be |
11 | | required by the court as to the current street
value of the |
12 | | cannabis or controlled substance seized. |
13 | | (b) In addition to any penalty imposed under subsection (a) |
14 | | of this
Section, a fine of
$100 shall be levied by the court on |
15 | | felony offenders , the proceeds of which
shall be collected by |
16 | | the Circuit Clerk and remitted to the State Treasurer
under |
17 | | Section 27.6 of the Clerks of Courts Act
for deposit into the |
18 | | Trauma
Center Fund for distribution as provided under Section |
19 | | 3.225 of the Emergency
Medical Services (EMS) Systems Act. |
20 | | (c) In addition to any penalty imposed under subsection (a) |
21 | | of this
Section, a fee of $5 shall be assessed by the court on |
22 | | felony offenders , the proceeds of which
shall be collected by |
23 | | the Circuit Clerk and remitted to the State Treasurer
under |
24 | | Section 27.6 of the Clerks of Courts Act for deposit into the |
25 | | Spinal Cord
Injury Paralysis Cure Research Trust Fund.
This |
26 | | additional fee of $5 shall not be considered a part of the fine |
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1 | | for
purposes of any reduction in the fine for time served |
2 | | either before or after
sentencing. |
3 | | (d) In addition to any penalty imposed under subsection (a) |
4 | | of this
Section for a drug related
offense involving felony |
5 | | possession or delivery
of cannabis or possession or delivery of |
6 | | a controlled substance as defined in the Cannabis Control Act, |
7 | | the Illinois Controlled Substances Act, or the Methamphetamine |
8 | | Control and Community Protection Act, a fee of $50 shall be |
9 | | assessed by the court, the proceeds of which
shall be collected |
10 | | by the Circuit Clerk and remitted to the State Treasurer
under |
11 | | Section 27.6 of the Clerks of Courts Act for deposit into the |
12 | | Performance-enhancing Substance Testing Fund.
This additional |
13 | | fee of $50 shall not be considered a part of the fine for
|
14 | | purposes of any reduction in the fine for time served either |
15 | | before or after
sentencing. The provisions of this subsection |
16 | | (d), other than this sentence, are inoperative after June 30, |
17 | | 2011. |
18 | | (e) In addition to any penalty imposed under subsection (a) |
19 | | of this
Section, a $25 assessment shall be assessed by the |
20 | | court on felony offenders , the proceeds of which
shall be |
21 | | collected by the Circuit Clerk and remitted to the State |
22 | | Treasurer for deposit into the Criminal Justice Information |
23 | | Projects Fund. The moneys deposited into the Criminal Justice |
24 | | Information Projects Fund under this Section shall be |
25 | | appropriated to and administered by the Illinois Criminal |
26 | | Justice Information Authority for funding of drug task forces |
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1 | | and Metropolitan Enforcement Groups. |
2 | | (f) In addition to any penalty imposed under subsection (a) |
3 | | of this
Section, a $40 assessment shall be assessed by the |
4 | | court on felony offenders , the proceeds of which
shall be |
5 | | collected by the Circuit Clerk. Of the collected proceeds, (i) |
6 | | 90% shall be remitted to the State Treasurer for deposit into |
7 | | the Prescription Pill and Drug Disposal Fund; (ii) 5% shall be |
8 | | remitted for deposit into the Criminal Justice Information |
9 | | Projects Fund, for use by the Illinois Criminal Justice |
10 | | Information Authority for the costs associated with making |
11 | | grants from the Prescription Pill and Drug Disposal Fund; and |
12 | | (iii) the Circuit Clerk shall retain 5% for deposit into the |
13 | | Circuit Court Clerk Operation and Administrative Fund for the |
14 | | costs associated with administering this subsection. |
15 | | (Source: P.A. 98-537, eff. 8-23-13; 99-480, eff. 9-9-15.)
|
16 | | (Text of Section from P.A. 94-556, 96-132, 96-402, 96-1234, |
17 | | 97-545, 98-537, and 99-480) |
18 | | Sec. 5-9-1.1. Drug related offenses. |
19 | | (a) When a person has been adjudged guilty of a drug |
20 | | related
offense involving possession or delivery of cannabis or |
21 | | possession or delivery
of a controlled substance as defined in |
22 | | the Cannabis Control Act, the Illinois Controlled Substances |
23 | | Act, or the Methamphetamine Control and Community Protection |
24 | | Act, in addition to any
other penalty imposed, a fine shall be |
25 | | levied by the court at not less than
the full street value of |
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1 | | the cannabis or controlled substances seized for felony |
2 | | offenses . |
3 | | "Street value" shall be determined by the court on the |
4 | | basis of testimony
of law enforcement personnel and the |
5 | | defendant as to the amount seized and
such testimony as may be |
6 | | required by the court as to the current street
value of the |
7 | | cannabis or controlled substance seized. |
8 | | (b) In addition to any penalty imposed under subsection (a) |
9 | | of this
Section, a fine of $100 shall be levied by the court on |
10 | | felony offenders , the proceeds of which
shall be collected by |
11 | | the Circuit Clerk and remitted to the State Treasurer
under |
12 | | Section 27.6 of the Clerks of Courts Act for deposit into the |
13 | | Trauma
Center Fund for distribution as provided under Section |
14 | | 3.225 of the Emergency
Medical Services (EMS) Systems Act. |
15 | | (c) In addition to any penalty imposed under subsection (a) |
16 | | of this
Section, a fee of $5 shall be assessed by the court on |
17 | | felony offenders , the proceeds of which
shall be collected by |
18 | | the Circuit Clerk and remitted to the State Treasurer
under |
19 | | Section 27.6 of the Clerks of Courts Act for deposit into the |
20 | | Spinal Cord
Injury Paralysis Cure Research Trust Fund.
This |
21 | | additional fee of $5 shall not be considered a part of the fine |
22 | | for
purposes of any reduction in the fine for time served |
23 | | either before or after
sentencing. |
24 | | (d) In addition to any penalty imposed under subsection (a) |
25 | | of this
Section for a drug related
offense involving felony |
26 | | possession or delivery
of cannabis or possession or delivery of |
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1 | | a controlled substance as defined in the Cannabis Control Act, |
2 | | the Illinois Controlled Substances Act, or the Methamphetamine |
3 | | Control and Community Protection Act, a fee of $50 shall be |
4 | | assessed by the court, the proceeds of which
shall be collected |
5 | | by the Circuit Clerk and remitted to the State Treasurer
under |
6 | | Section 27.6 of the Clerks of Courts Act for deposit into the |
7 | | Performance-enhancing Substance Testing Fund.
This additional |
8 | | fee of $50 shall not be considered a part of the fine for
|
9 | | purposes of any reduction in the fine for time served either |
10 | | before or after
sentencing. The provisions of this subsection |
11 | | (d), other than this sentence, are inoperative after June 30, |
12 | | 2011. |
13 | | (e) In addition to any penalty imposed under subsection (a) |
14 | | of this
Section, a $25 assessment shall be assessed by the |
15 | | court on felony offenders , the proceeds of which
shall be |
16 | | collected by the Circuit Clerk and remitted to the State |
17 | | Treasurer for deposit into the Criminal Justice Information |
18 | | Projects Fund. The moneys deposited into the Criminal Justice |
19 | | Information Projects Fund under this Section shall be |
20 | | appropriated to and administered by the Illinois Criminal |
21 | | Justice Information Authority for funding of drug task forces |
22 | | and Metropolitan Enforcement Groups. |
23 | | (f) In addition to any penalty imposed under subsection (a) |
24 | | of this
Section, a $40 assessment shall be assessed by the |
25 | | court on felony offenders , the proceeds of which
shall be |
26 | | collected by the Circuit Clerk. Of the collected proceeds, (i) |
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1 | | 90% shall be remitted to the State Treasurer for deposit into |
2 | | the Prescription Pill and Drug Disposal Fund; (ii) 5% shall be |
3 | | remitted for deposit into the Criminal Justice Information |
4 | | Projects Fund, for use by the Illinois Criminal Justice |
5 | | Information Authority for the costs associated with making |
6 | | grants from the Prescription Pill and Drug Disposal Fund; and |
7 | | (iii) the Circuit Clerk shall retain 5% for deposit into the |
8 | | Circuit Court Clerk Operation and Administrative Fund for the |
9 | | costs associated with administering this subsection. |
10 | | (Source: P.A. 98-537, eff. 8-23-13 ; 99-480, eff. 9-9-15.)
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11 | | (730 ILCS 5/5-9-1.10)
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12 | | Sec. 5-9-1.10. Additional fines. There shall be added to |
13 | | every penalty
imposed in sentencing for a violation of Sections |
14 | | 24-1.1, 24-1.2, or
24-1.5 of the Criminal Code of 1961 or the |
15 | | Criminal Code of 2012 an additional fine of $100 payable to the
|
16 | | clerk, which shall be imposed upon the entry of a judgment of |
17 | | conviction , only after the court considers the financial |
18 | | resources of the offender and the offender's future ability to |
19 | | pay the fine .
This additional fee, less 2 1/2% that shall be
|
20 | | used to defray administrative costs incurred by the clerk, |
21 | | shall be remitted by
the clerk to the Treasurer within 60 days |
22 | | after receipt for deposit into the
Trauma Center Fund. This |
23 | | additional fee of $100 shall not be
considered a part of the
|
24 | | fine for purposes of any reduction in the fine for time served |
25 | | either before or
after sentencing.
Not later than March 1 of |
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1 | | each year the circuit clerk
shall submit a report of the amount |
2 | | of funds remitted to the State
Treasurer under this Section |
3 | | during the preceding calendar year.
All moneys
collected by the |
4 | | circuit clerk and remitted to the State Treasurer under
Section |
5 | | 27.6 of the Clerks of Courts Act shall be deposited into
the |
6 | | Trauma
Center Fund for distribution as provided under Section |
7 | | 3.225 of the Emergency
Medical Services (EMS) Systems Act.
|
8 | | (Source: P.A. 97-1150, eff. 1-25-13.)
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9 | | (730 ILCS 5/5-9-1.17) |
10 | | Sec. 5-9-1.17. Additional fine to fund expungement of |
11 | | juvenile records. |
12 | | (a) There shall be added to every penalty imposed in |
13 | | sentencing for a criminal offense an additional fine of $30 to |
14 | | be imposed upon a plea of guilty or finding of guilty resulting |
15 | | in a judgment of conviction , only after the court considers the |
16 | | financial resources of the offender and the offender's future |
17 | | ability to pay the fine . |
18 | | (b) Ten dollars of each such additional fine shall be |
19 | | remitted to the State Treasurer for deposit into the State |
20 | | Police Services Fund to be used to implement the expungement of |
21 | | juvenile records as provided in Section 5-622 of the Juvenile |
22 | | Court Act of 1987, $10 shall be paid to the State's Attorney's |
23 | | Office that prosecuted the criminal offense, and $10 shall be |
24 | | retained by the Circuit Clerk for administrative costs |
25 | | associated with the expungement of juvenile records and shall |
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1 | | be deposited into the Circuit Court Clerk Operation and |
2 | | Administrative Fund.
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3 | | (Source: P.A. 96-707, eff. 1-1-10; 96-1000, eff. 7-2-10.)
|
4 | | (730 ILCS 5/5-9-3) (from Ch. 38, par. 1005-9-3)
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5 | | Sec. 5-9-3. Default.
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6 | | (a) An offender who defaults in the payment of a fine or
|
7 | | any
installment of that fine may be held in contempt and |
8 | | imprisoned for nonpayment only upon the showing that the |
9 | | offender's default was due to his or her intentional refusal to |
10 | | pay or failure on his or her part to make a good faith effort to |
11 | | pay . The
court may issue a summons for his appearance or a |
12 | | warrant of arrest.
|
13 | | (b) Unless the offender shows that his default was not due |
14 | | to his
intentional refusal to pay, or not due to a failure on |
15 | | his part to make a
good faith effort to pay, the court may |
16 | | order the offender imprisoned for a
term not to exceed 2 6 |
17 | | months if the fine was for a felony, or 15 30 days if the
fine |
18 | | was for a misdemeanor, a petty offense or a business offense. |
19 | | Payment
of the fine at any time will entitle the offender to be |
20 | | released, but
imprisonment under this Section shall not satisfy |
21 | | the payment of the fine.
|
22 | | (c) If it appears that the default in the payment of a fine |
23 | | is not
intentional under paragraph (b) of this Section, the |
24 | | court may enter an
order allowing the offender additional time |
25 | | for payment, reducing the
amount of the fine or of each |
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1 | | installment, or revoking the fine or the
unpaid portion. The |
2 | | court shall consider the offender's financial circumstances |
3 | | and future ability to pay a fine by assessing the offender's |
4 | | assets, employability, and related income when requiring |
5 | | payment under this subsection (c). No fee shall be so great |
6 | | that the offender is not able to care for the basic needs of |
7 | | her or his family or results in the offender applying for |
8 | | public aid.
|
9 | | (d) When a fine is imposed on a corporation or |
10 | | unincorporated
organization or association, it is the duty of |
11 | | the person or persons
authorized to make disbursement of |
12 | | assets, and their superiors, to pay the
fine from assets of the |
13 | | corporation or unincorporated organization or
association. The |
14 | | failure of such persons to do so shall render them subject
to |
15 | | proceedings under paragraphs (a) and (b) of this Section.
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16 | | (e) A default in the payment of a fine, fee, cost, order of |
17 | | restitution, judgment of bond forfeiture, judgment order of |
18 | | forfeiture, or any installment thereof
may be
collected by any |
19 | | and all means authorized for the collection of money judgments |
20 | | provided the offender has the assets or income to pay as |
21 | | determined by the court. Upon receipt of the results of the |
22 | | court's consideration of the offenders financial |
23 | | circumstances, the . The State's Attorney of the county in which |
24 | | the fine, fee, cost, order of restitution, judgment of bond |
25 | | forfeiture, or judgment order of forfeiture was imposed may |
26 | | retain
attorneys and private collection agents for the purpose |
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1 | | of collecting any
default in payment of any fine, fee, cost, |
2 | | order of restitution, judgment of bond forfeiture, judgment |
3 | | order of forfeiture, or installment thereof. An additional fee |
4 | | of 30% of the delinquent amount and each taxable court cost |
5 | | including, without limitation, costs of service of process, |
6 | | shall be charged to the offender for any amount of the fine, |
7 | | fee, cost, restitution, or judgment of bond forfeiture or |
8 | | installment of the fine, fee, cost, restitution, or judgment of |
9 | | bond forfeiture that remains unpaid after the time fixed for |
10 | | payment of the fine, fee, cost, restitution, or judgment of |
11 | | bond forfeiture by the court. The additional fee shall be |
12 | | payable to the State's Attorney in order to compensate the |
13 | | State's Attorney for costs incurred in collecting the |
14 | | delinquent amount. The State's Attorney may enter into |
15 | | agreements assigning any portion of the fee to the retained |
16 | | attorneys or the private collection agent retained by the |
17 | | State's Attorney. Any agreement between the State's Attorney |
18 | | and the retained attorneys or collection agents shall require |
19 | | the approval of the Circuit Clerk of that county. A default in |
20 | | payment of a fine, fee, cost, restitution, or judgment of bond |
21 | | forfeiture shall draw interest at the rate of 9% per annum. The |
22 | | private collection agent retained by the State's Attorney shall |
23 | | not be given any of the additional fees or interest due under |
24 | | this subsection (e).
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25 | | (Source: P.A. 98-373, eff. 1-1-14.)
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1 | | Section 98. Applicability. This amendatory Act of the 99th |
2 | | General Assembly applies to offenses committed before its |
3 | | effective date of this amendatory Act, and to offenses |
4 | | committed on or after its effective date. |
5 | | A person currently serving a sentence for a conviction, |
6 | | whether by trial or plea, of a felony or felonies who would |
7 | | have been guilty of a misdemeanor or lesser felony |
8 | | classification under this amendatory Act had the amendatory Act |
9 | | been in effect at the time of the offense may petition the |
10 | | trial court that entered the judgment of conviction in his or |
11 | | her case to request resentencing in accordance with the |
12 | | Sections that have been amended by this amendatory Act. A |
13 | | person who is resentenced shall be given credit for time |
14 | | served. Under no circumstances may resentencing result in the |
15 | | imposition of a term longer than the original sentence.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 20 ILCS 301/40-5 | | | 4 | | 20 ILCS 2630/5.2 | | | 5 | | 70 ILCS 3605/28b | from Ch. 111 2/3, par. 328b | | 6 | | 105 ILCS 5/21B-80 | | | 7 | | 625 ILCS 5/6-106.1 | from Ch. 95 1/2, par. 6-106.1 | | 8 | | 625 ILCS 5/6-508 | from Ch. 95 1/2, par. 6-508 | | 9 | | 720 ILCS 5/12-5.3 | was 720 ILCS 5/12-2.6 | | 10 | | 720 ILCS 5/16-1 | from Ch. 38, par. 16-1 | | 11 | | 720 ILCS 5/16-3 | from Ch. 38, par. 16-3 | | 12 | | 720 ILCS 5/16-25 | | | 13 | | 720 ILCS 5/17-1 | from Ch. 38, par. 17-1 | | 14 | | 720 ILCS 5/17-3 | from Ch. 38, par. 17-3 | | 15 | | 720 ILCS 5/21-1.3 | | | 16 | | 720 ILCS 5/21-3 | from Ch. 38, par. 21-3 | | 17 | | 720 ILCS 5/21.1-2 | from Ch. 38, par. 21.1-2 | | 18 | | 720 ILCS 5/21.1-3 | from Ch. 38, par. 21.1-3 | | 19 | | 720 ILCS 5/24-1 | from Ch. 38, par. 24-1 | | 20 | | 720 ILCS 5/24-1.1 | from Ch. 38, par. 24-1.1 | | 21 | | 720 ILCS 5/24-3.1 | from Ch. 38, par. 24-3.1 | | 22 | | 720 ILCS 550/1 | from Ch. 56 1/2, par. 701 | | 23 | | 720 ILCS 550/4 | from Ch. 56 1/2, par. 704 | | 24 | | 720 ILCS 550/5 | from Ch. 56 1/2, par. 705 | | 25 | | 720 ILCS 550/5.2 | from Ch. 56 1/2, par. 705.2 | |
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| 1 | | 720 ILCS 550/8 | from Ch. 56 1/2, par. 708 | | 2 | | 720 ILCS 550/9 | from Ch. 56 1/2, par. 709 | | 3 | | 720 ILCS 550/10 | from Ch. 56 1/2, par. 710 | | 4 | | 720 ILCS 550/10.4 new | | | 5 | | 720 ILCS 550/16.1 | from Ch. 56 1/2, par. 716.1 | | 6 | | 720 ILCS 550/16.2 | | | 7 | | 720 ILCS 570/401 | from Ch. 56 1/2, par. 1401 | | 8 | | 720 ILCS 570/402 | from Ch. 56 1/2, par. 1402 | | 9 | | 720 ILCS 600/3.5 | | | 10 | | 720 ILCS 646/55 | | | 11 | | 720 ILCS 646/60 | | | 12 | | 725 ILCS 5/113-3.1 | from Ch. 38, par. 113-3.1 | | 13 | | 730 ILCS 5/5-4.5-15 | | | 14 | | 730 ILCS 5/5-4.5-25 | | | 15 | | 730 ILCS 5/5-4.5-30 | | | 16 | | 730 ILCS 5/5-4.5-35 | | | 17 | | 730 ILCS 5/5-4.5-40 | | | 18 | | 730 ILCS 5/5-4.5-45 | | | 19 | | 730 ILCS 5/5-4.5-50 | | | 20 | | 730 ILCS 5/5-4.5-70 | | | 21 | | 730 ILCS 5/5-4.5-85 | | | 22 | | 730 ILCS 5/5-4.5-95 | | | 23 | | 730 ILCS 5/5-4.5-105 | | | 24 | | 730 ILCS 5/5-9-1.1 | from Ch. 38, par. 1005-9-1.1 | | 25 | | 730 ILCS 5/5-9-1.10 | | | 26 | | 730 ILCS 5/5-9-1.17 | | |
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