101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3839

Introduced , by Rep. Keith R. Wheeler

SYNOPSIS AS INTRODUCED:

`5 ILCS 140/7.5`
`20 ILCS 2605/2605-304 new`
`20 ILCS 2605/2605-610 new`
`430 ILCS 65/3.1`	`from Ch. 38, par. 83-3.1`
`430 ILCS 65/8`	`from Ch. 38, par. 83-8`
`430 ILCS 65/8.4 new`
`430 ILCS 65/9.5`
`725 ILCS 5/110-10`	`from Ch. 38, par. 110-10`
`730 ILCS 5/5-6-3`	`from Ch. 38, par. 1005-6-3`

Amends the Department of State Police Law of the
Civil Administrative

Code of Illinois. Provides that the State Police shall establish a Portal for use by federal, State, or local law enforcement agencies, including State's Attorneys and the Attorney General to capture a report of persons whose Firearm Owner's Identification Cards have been revoked or suspended. Creates the Firearm Recovery Task Force led by the State Police to seize and recover the Firearm Owner's Identification Cards of revoked persons and to enforce the revocation and suspension of Firearm Owner's Identification Cards under the Firearm Owner's Identification Card Act. Amends the Firearm Owner's Identification Card Act. Provides that the State Police shall include in the report the reason the person's Firearm Owner's Identification Card was revoked or suspended. Amends the Code of Criminal Procedure of 1963. Provides the defendant shall physically surrender all firearms in his or her possession to a law enforcement agency designated by the court to take custody of and impound the firearms and physically surrender his or her Firearm Owner's Identification Card to the law enforcement agency as a condition of remaining on bond pending sentencing

when the offense the person has
been charged with is a forcible felony,

stalking, aggravated stalking, domestic
battery, any violation of the

Illinois Controlled Substances Act, the Methamphetamine Control and

Community Protection Act, or the
Cannabis Control Act that is classified as

a Class 2 or greater felony, or any
felony violation of the Deadly Weapons

Article of the Criminal Code of 1961 or the Criminal Code of 2012. Amends the Freedom of Information Act and the Unified Code of Corrections to make conforming changes. to make conforming changes. Makes other changes. Effective immediately.

LRB101 12423 RLC 60760 b

A BILL FOR

HB3839

LRB101 12423 RLC 60760 b

1 AN ACT concerning public safety.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Freedom of Information Act is amended by

5 changing Section 7.5 as follows:

6 (5 ILCS 140/7.5)

7 Sec. 7.5. Statutory exemptions. To the extent provided for

8 by the statutes referenced below, the following shall be exempt

9 from inspection and copying:

10 (a) All information determined to be confidential

11 under Section 4002 of the Technology Advancement and

12 Development Act.

13 (b) Library circulation and order records identifying

14 library users with specific materials under the Library

15 Records Confidentiality Act.

16 (c) Applications, related documents, and medical

17 records received by the Experimental Organ Transplantation

18 Procedures Board and any and all documents or other records

19 prepared by the Experimental Organ Transplantation

20 Procedures Board or its staff relating to applications it

21 has received.

22 (d) Information and records held by the Department of

23 Public Health and its authorized representatives relating

HB3839

- 2 -

LRB101 12423 RLC 60760 b

1 to known or suspected cases of sexually transmissible

2 disease or any information the disclosure of which is

3 restricted under the Illinois Sexually Transmissible

4 Disease Control Act.

5 (e) Information the disclosure of which is exempted

6 under Section 30 of the Radon Industry Licensing Act.

7 (f) Firm performance evaluations under Section 55 of

8 the Architectural, Engineering, and Land Surveying

9 Qualifications Based Selection Act.

10 (g) Information the disclosure of which is restricted

11 and exempted under Section 50 of the Illinois Prepaid

12 Tuition Act.

13 (h) Information the disclosure of which is exempted

14 under the State Officials and Employees Ethics Act, and

15 records of any lawfully created State or local inspector

16 general's office that would be exempt if created or

17 obtained by an Executive Inspector General's office under

18 that Act.

19 (i) Information contained in a local emergency energy

20 plan submitted to a municipality in accordance with a local

21 emergency energy plan ordinance that is adopted under

22 Section 11-21.5-5 of the Illinois Municipal Code.

23 (j) Information and data concerning the distribution

24 of surcharge moneys collected and remitted by carriers

25 under the Emergency Telephone System Act.

26 (k) Law enforcement officer identification information

HB3839

- 3 -

LRB101 12423 RLC 60760 b

1 or driver identification information compiled by a law

2 enforcement agency or the Department of Transportation

3 under Section 11-212 of the Illinois Vehicle Code.

4 (l) Records and information provided to a residential

5 health care facility resident sexual assault and death

6 review team or the Executive Council under the Abuse

7 Prevention Review Team Act.

8 (m) Information provided to the predatory lending

9 database created pursuant to Article 3 of the Residential

10 Real Property Disclosure Act, except to the extent

11 authorized under that Article.

12 (n) Defense budgets and petitions for certification of

13 compensation and expenses for court appointed trial

14 counsel as provided under Sections 10 and 15 of the Capital

15 Crimes Litigation Act. This subsection (n) shall apply

16 until the conclusion of the trial of the case, even if the

17 prosecution chooses not to pursue the death penalty prior

18 to trial or sentencing.

19 (o) Information that is prohibited from being

20 disclosed under Section 4 of the Illinois Health and

21 Hazardous Substances Registry Act.

22 (p) Security portions of system safety program plans,

23 investigation reports, surveys, schedules, lists, data, or

24 information compiled, collected, or prepared by or for the

25 Regional Transportation Authority under Section 2.11 of

26 the Regional Transportation Authority Act or the St. Clair

HB3839

- 4 -

LRB101 12423 RLC 60760 b

1 County Transit District under the Bi-State Transit Safety

2 Act.

3 (q) Information prohibited from being disclosed by the

4 Personnel Record ~~Records~~ Review Act.

5 (r) Information prohibited from being disclosed by the

6 Illinois School Student Records Act.

7 (s) Information the disclosure of which is restricted

8 under Section 5-108 of the Public Utilities Act.

9 (t) All identified or deidentified health information

10 in the form of health data or medical records contained in,

11 stored in, submitted to, transferred by, or released from

12 the Illinois Health Information Exchange, and identified

13 or deidentified health information in the form of health

14 data and medical records of the Illinois Health Information

15 Exchange in the possession of the Illinois Health

16 Information Exchange Authority due to its administration

17 of the Illinois Health Information Exchange. The terms

18 "identified" and "deidentified" shall be given the same

19 meaning as in the Health Insurance Portability and

20 Accountability Act of 1996, Public Law 104-191, or any

21 subsequent amendments thereto, and any regulations

22 promulgated thereunder.

23 (u) Records and information provided to an independent

24 team of experts under the Developmental Disability and

25 Mental Health Safety Act (also known as Brian's Law).

26 (v) Names and information of people who have applied

HB3839

- 5 -

LRB101 12423 RLC 60760 b

1 for or received Firearm Owner's Identification Cards under

2 the Firearm Owners Identification Card Act or applied for

3 or received a concealed carry license under the Firearm

4 Concealed Carry Act, unless otherwise authorized by the

5 Firearm Concealed Carry Act; and databases under the

6 Firearm Concealed Carry Act, records of the Concealed Carry

7 Licensing Review Board under the Firearm Concealed Carry

8 Act, and law enforcement agency objections under the

9 Firearm Concealed Carry Act.

10 (w) Personally identifiable information which is

11 exempted from disclosure under subsection (g) of Section

12 19.1 of the Toll Highway Act.

13 (x) Information which is exempted from disclosure

14 under Section 5-1014.3 of the Counties Code or Section

15 8-11-21 of the Illinois Municipal Code.

16 (y) Confidential information under the Adult

17 Protective Services Act and its predecessor enabling

18 statute, the Elder Abuse and Neglect Act, including

19 information about the identity and administrative finding

20 against any caregiver of a verified and substantiated

21 decision of abuse, neglect, or financial exploitation of an

22 eligible adult maintained in the Registry established

23 under Section 7.5 of the Adult Protective Services Act.

24 (z) Records and information provided to a fatality

25 review team or the Illinois Fatality Review Team Advisory

26 Council under Section 15 of the Adult Protective Services

HB3839

- 6 -

LRB101 12423 RLC 60760 b

1 Act.

2 (aa) Information which is exempted from disclosure

3 under Section 2.37 of the Wildlife Code.

4 (bb) Information which is or was prohibited from

5 disclosure by the Juvenile Court Act of 1987.

6 (cc) Recordings made under the Law Enforcement

7 Officer-Worn Body Camera Act, except to the extent

8 authorized under that Act.

9 (dd) Information that is prohibited from being

10 disclosed under Section 45 of the Condominium and Common

11 Interest Community Ombudsperson Act.

12 (ee) Information that is exempted from disclosure

13 under Section 30.1 of the Pharmacy Practice Act.

14 (ff) Information that is exempted from disclosure

15 under the Revised Uniform Unclaimed Property Act.

16 (gg) Information that is prohibited from being

17 disclosed under Section 7-603.5 of the Illinois Vehicle

18 Code.

19 (hh) Records that are exempt from disclosure under

20 Section 1A-16.7 of the Election Code.

21 (ii) Information which is exempted from disclosure

22 under Section 2505-800 of the Department of Revenue Law of

23 the Civil Administrative Code of Illinois.

24 (jj) Information and reports that are required to be

25 submitted to the Department of Labor by registering day and

26 temporary labor service agencies but are exempt from

HB3839

- 7 -

LRB101 12423 RLC 60760 b

1 disclosure under subsection (a-1) of Section 45 of the Day

2 and Temporary Labor Services Act.

3 (kk) Information prohibited from disclosure under the

4 Seizure and Forfeiture Reporting Act.

5 (ll) Information the disclosure of which is restricted

6 and exempted under Section 5-30.8 of the Illinois Public

7 Aid Code.

8 (mm) ~~(ll)~~ Records that are exempt from disclosure under

9 Section 4.2 of the Crime Victims Compensation Act.

10 (nn) ~~(ll)~~ Information that is exempt from disclosure

11 under Section 70 of the Higher Education Student Assistance

12 Act.

13 (oo) Records and information exempt from disclosure

14 under Section 2605-304 of the Department of State Police

15 Law of the Civil Administrative Code of Illinois.

16 (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,

17 eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;

18 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;

19 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.

20 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,

21 eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;

22 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised

23 10-12-18.)

24 Section 10. The Department of State Police Law of the Civil

25 Administrative Code of Illinois is amended by adding Sections

HB3839

- 8 -

LRB101 12423 RLC 60760 b

1 2605-304 and 2605-610 as follows:

2 (20 ILCS 2605/2605-304 new)

3 Sec. 2605-304. Prohibited Persons Portal.

4 (a) Within 180 days of the effective date of this

5 amendatory Act of the 101st General Assembly, the Department

6 shall establish a Portal for use by federal, State, or local

7 law enforcement agencies, including State's Attorneys and the

8 Office of the Attorney General, to capture a report of persons

9 whose Firearm Owner's Identification Cards have been revoked or

10 suspended. The Portal is for law enforcement purposes only.

11 (b) The Department shall include in the report the reason

12 the person's Firearm Owner's Identification Card was subject to

13 revocation or suspension, to the extent allowed by law,

14 consistent with Section 8 of the Firearm Owners Identification

15 Card Act.

16 (c) The Department shall indicate whether the person

17 subject to the revocation or suspension of his or her Firearm

18 Owner's Identification Card has surrendered his or her revoked

19 or suspended Firearm Owner's Identification Card and whether

20 the person has completed a Firearm Disposition Record required

21 under Section 9.5 of the Firearm Owners Identification Card

22 Act.

23 (d) The Department shall provide updates of information

24 related to an individual's current Firearm Owner's

25 Identification Card revocation or suspension status, including

HB3839

- 9 -

LRB101 12423 RLC 60760 b

1 compliance under Section 9.5 of the Firearm Owners

2 Identification Card Act, in the Department's Law Enforcement

3 Agencies Data System.

4 (e) Records and information in the Portal are exempt from

5 disclosure under the Freedom of Information Act.

6 (f) The Department may adopt rules necessary to implement

7 this Section.

8 (20 ILCS 2605/2605-610 new)

9 Sec. 2605-610. Firearm Recovery Task Force.The Director

10 shall establish a statewide multi-jurisdictional Firearm

11 Recovery Task Force led by the Department to seize and recover

12 the Firearm Owner's Identification Cards of revoked persons and

13 to enforce Section 9.5 of the Firearm Owner's Identification

14 Card Act.

15 The Task Force may work with units of local government in

16 its recovery efforts. In working with a unit of local

17 government, the Task Force shall operate under an

18 intergovernmental agreement entered into with that unit of

19 local government in conformity with the provisions of the

20 Intergovernmental Cooperation Act. Units of local government

21 cooperating with the Task Force shall be reimbursed by the

22 Department for expenses incurred in their cooperation with the

23 Task Force.

24 The creation of the Task Force is subject to appropriation.

25 For purposes of this Section:

HB3839

- 10 -

LRB101 12423 RLC 60760 b

1 "Revoked person" means a person whose Firearm Owner's

2 Identification Card has been revoked under Section 8 of the

3 Firearm Owner's Identification Card Act.

4 "Unit of local government" has the meaning provided in

5 Section 1 of Article VI of the Illinois Constitution and

6 includes both home rule and non-home rule units.

7 Section 15. The Firearm Owners Identification Card Act is

8 amended by changing Sections 3.1, 8, and 9.5 and by adding

9 Section 8.4 as follows:

10 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)

11 Sec. 3.1. Dial up system.

12 (a) The Department of State Police shall provide a dial up

13 telephone system or utilize other existing technology which

14 shall be used by any federally licensed firearm dealer, gun

15 show promoter, or gun show vendor who is to transfer a firearm,

16 stun gun, or taser under the provisions of this Act. The

17 Department of State Police may utilize existing technology

18 which allows the caller to be charged a fee not to exceed $2.

19 Fees collected by the Department of State Police shall be

20 deposited in the State Police Services Fund and used to provide

21 the service.

22 (b) Upon receiving a request from a federally licensed

23 firearm dealer, gun show promoter, or gun show vendor, the

24 Department of State Police shall immediately approve, or within

HB3839

- 11 -

LRB101 12423 RLC 60760 b

1 the time period established by Section 24-3 of the Criminal

2 Code of 2012 regarding the delivery of firearms, stun guns, and

3 tasers notify the inquiring dealer, gun show promoter, or gun

4 show vendor of any objection that would disqualify the

5 transferee from acquiring or possessing a firearm, stun gun, or

6 taser. In conducting the inquiry, the Department of State

7 Police shall initiate and complete an automated search of its

8 criminal history record information files and those of the

9 Federal Bureau of Investigation, including the National

10 Instant Criminal Background Check System, and of the files of

11 the Department of Human Services relating to mental health and

12 developmental disabilities to obtain anyprohibiting

13 information ~~felony conviction~~ or patient hospitalization

14 information which would disqualify a person from obtaining or

15 require revocation of a currently valid Firearm Owner's

16 Identification Card.

17 (c) If receipt of a firearm would not violate Section 24-3

18 of the Criminal Code of 2012, federal law, or this Act the

19 Department of State Police shall:

20 (1) assign a unique identification number to the

21 transfer; and

22 (2) provide the licensee, gun show promoter, or gun

23 show vendor with the number.

24 (d) Approvals issued by the Department of State Police for

25 the purchase of a firearm are valid for 30 days from the date

26 of issue.

HB3839

- 12 -

LRB101 12423 RLC 60760 b

1 (e) (1) The Department of State Police must act as the

2 Illinois Point of Contact for the National Instant Criminal

3 Background Check System.

4 (2) The Department of State Police and the Department of

5 Human Services shall, in accordance with State and federal law

6 regarding confidentiality, enter into a memorandum of

7 understanding with the Federal Bureau of Investigation for the

8 purpose of implementing the National Instant Criminal

9 Background Check System in the State. The Department of State

10 Police shall report the name, date of birth, and physical

11 description of any person prohibited from possessing a firearm

12 pursuant to the Firearm Owners Identification Card Act or 18

13 U.S.C. 922(g) and (n) to the National Instant Criminal

14 Background Check System Index, Denied Persons Files.

15 (3) The Department of State Police shall provide notice of

16 the disqualification of a person under subsection (b) of this

17 Section or the revocation of a person's Firearm Owner's

18 Identification Card under Section 8 or Section 8.2 of this Act,

19 and the reason for the disqualification or revocation, to all

20 law enforcement agencies with jurisdiction to assist with the

21 seizure of the person's Firearm Owner's Identification Card.

22 (f) The Department of State Police shall adopt rules not

23 inconsistent with this Section to implement this system.

24 (Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)

25 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

HB3839

- 13 -

LRB101 12423 RLC 60760 b

1 Sec. 8. Grounds for denial and revocation. The Department

2 of State Police has authority to deny an application for or to

3 revoke and seize a Firearm Owner's Identification Card

4 previously issued under this Act only if the Department finds

5 that the applicant or the person to whom such card was issued

6 is or was at the time of issuance:

7 (a) A person under 21 years of age who has been

8 convicted of a misdemeanor other than a traffic offense or

9 adjudged delinquent;

10 (b) A person under 21 years of age who does not have

11 the written consent of his parent or guardian to acquire

12 and possess firearms and firearm ammunition, or whose

13 parent or guardian has revoked such written consent, or

14 where such parent or guardian does not qualify to have a

15 Firearm Owner's Identification Card;

16 (c) A person convicted of a felony under the laws of

17 this or any other jurisdiction;

18 (d) A person addicted to narcotics;

19 (e) A person who has been a patient of a mental health

20 facility within the past 5 years or a person who has been a

21 patient in a mental health facility more than 5 years ago

22 who has not received the certification required under

23 subsection (u) of this Section. An active law enforcement

24 officer employed by a unit of government who is denied,

25 revoked, or has his or her Firearm Owner's Identification

26 Card seized under this subsection (e) may obtain relief as

HB3839

- 14 -

LRB101 12423 RLC 60760 b

1 described in subsection (c-5) of Section 10 of this Act if

2 the officer did not act in a manner threatening to the

3 officer, another person, or the public as determined by the

4 treating clinical psychologist or physician, and the

5 officer seeks mental health treatment;

6 (f) A person whose mental condition is of such a nature

7 that it poses a clear and present danger to the applicant,

8 any other person or persons or the community;

9 (g) A person who has an intellectual disability;

10 (h) A person who intentionally makes a false statement

11 in the Firearm Owner's Identification Card application;

12 (i) An alien who is unlawfully present in the United

13 States under the laws of the United States;

14 (i-5) An alien who has been admitted to the United

15 States under a non-immigrant visa (as that term is defined

16 in Section 101(a)(26) of the Immigration and Nationality

17 Act (8 U.S.C. 1101(a)(26))), except that this subsection

18 (i-5) does not apply to any alien who has been lawfully

19 admitted to the United States under a non-immigrant visa if

20 that alien is:

21 (1) admitted to the United States for lawful

22 hunting or sporting purposes;

23 (2) an official representative of a foreign

24 government who is:

25 (A) accredited to the United States Government

26 or the Government's mission to an international

HB3839

- 15 -

LRB101 12423 RLC 60760 b

1 organization having its headquarters in the United

2 States; or

3 (B) en route to or from another country to

4 which that alien is accredited;

5 (3) an official of a foreign government or

6 distinguished foreign visitor who has been so

7 designated by the Department of State;

8 (4) a foreign law enforcement officer of a friendly

9 foreign government entering the United States on

10 official business; or

11 (5) one who has received a waiver from the Attorney

12 General of the United States pursuant to 18 U.S.C.

13 922(y)(3);

14 (j) (Blank);

15 (k) A person who has been convicted within the past 5

16 years of battery, assault, aggravated assault, violation

17 of an order of protection, or a substantially similar

18 offense in another jurisdiction, in which a firearm was

19 used or possessed;

20 (l) A person who has been convicted of domestic

21 battery, aggravated domestic battery, or a substantially

22 similar offense in another jurisdiction committed before,

23 on or after January 1, 2012 (the effective date of Public

24 Act 97-158). If the applicant or person who has been

25 previously issued a Firearm Owner's Identification Card

26 under this Act knowingly and intelligently waives the right

HB3839

- 16 -

LRB101 12423 RLC 60760 b

1 to have an offense described in this paragraph (l) tried by

2 a jury, and by guilty plea or otherwise, results in a

3 conviction for an offense in which a domestic relationship

4 is not a required element of the offense but in which a

5 determination of the applicability of 18 U.S.C. 922(g)(9)

6 is made under Section 112A-11.1 of the Code of Criminal

7 Procedure of 1963, an entry by the court of a judgment of

8 conviction for that offense shall be grounds for denying an

9 application for and for revoking and seizing a Firearm

10 Owner's Identification Card previously issued to the

11 person under this Act;

12 (m) (Blank);

13 (n) A person who is prohibited from acquiring or

14 possessing firearms or firearm ammunition by any Illinois

15 State statute or by federal law;

16 (o) A minor subject to a petition filed under Section

17 5-520 of the Juvenile Court Act of 1987 alleging that the

18 minor is a delinquent minor for the commission of an

19 offense that if committed by an adult would be a felony;

20 (p) An adult who had been adjudicated a delinquent

21 minor under the Juvenile Court Act of 1987 for the

22 commission of an offense that if committed by an adult

23 would be a felony;

24 (q) A person who is not a resident of the State of

25 Illinois, except as provided in subsection (a-10) of

26 Section 4;

HB3839

- 17 -

LRB101 12423 RLC 60760 b

1 (r) A person who has been adjudicated as a person with

2 a mental disability;

3 (s) A person who has been found to have a developmental

4 disability;

5 (t) A person involuntarily admitted into a mental

6 health facility; ~~or~~

7 (u) A person who has had his or her Firearm Owner's

8 Identification Card revoked or denied under subsection (e)

9 of this Section or item (iv) of paragraph (2) of subsection

10 (a) of Section 4 of this Act because he or she was a

11 patient in a mental health facility as provided in

12 subsection (e) of this Section, shall not be permitted to

13 obtain a Firearm Owner's Identification Card, after the

14 5-year period has lapsed, unless he or she has received a

15 mental health evaluation by a physician, clinical

16 psychologist, or qualified examiner as those terms are

17 defined in the Mental Health and Developmental

18 Disabilities Code, and has received a certification that he

19 or she is not a clear and present danger to himself,

20 herself, or others. The physician, clinical psychologist,

21 or qualified examiner making the certification and his or

22 her employer shall not be held criminally, civilly, or

23 professionally liable for making or not making the

24 certification required under this subsection, except for

25 willful or wanton misconduct. This subsection does not

26 apply to a person whose firearm possession rights have been

HB3839

- 18 -

LRB101 12423 RLC 60760 b

1 restored through administrative or judicial action under

2 Section 10 or 11 of this Act; or ~~.~~

3 (v) A person who is under guardianship under the

4 Probate Act of 1975 because he or she is a person with a

5 disability as defined in Section 11a-2 of the Probate Act

6 of 1975.

7 Upon revocation of a person's Firearm Owner's

8 Identification Card, the Department of State Police shall

9 provide notice to the person within 7 business days and the

10 person shall comply with Section 9.5 of this Act.

11 (Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756,

12 eff. 7-16-14; 99-143, eff. 7-27-15.)

13 (430 ILCS 65/8.4 new)

14 Sec. 8.4. Cancellation of Firearm Owner's Identification

15 Card. The Department of State Police may cancel a Firearm

16 Owner's Identification Card if a person is not prohibited by

17 State or federal law from acquiring or possessing a firearm or

18 firearm ammunition and the sole purpose is for an

19 administrative reason. Administrative reasons include, but are

20 not limited to: a person who surrenders his or her Illinois

21 drivers license or Illinois Identification Card to another

22 jurisdiction, death, or where a person's Firearm Owner's

23 Identification Card is reported as lost, stolen, or destroyed.

24 The Department of State Police may adopt rules necessary to

25 implement this Section.

HB3839

- 19 -

LRB101 12423 RLC 60760 b

1 (430 ILCS 65/9.5)

2 Sec. 9.5. Revocation or suspension of Firearm Owner's

3 Identification Card.

4 (a) A person who receives a revocation or suspension notice

5 under Section 9 of this Act shall, within 48 hours of receiving

6 notice of the revocation or suspension:

7 (1) surrender his or her Firearm Owner's

8 Identification Card to the local law enforcement agency

9 where the person resides. The local law enforcement agency

10 shall provide the person a receipt and transmit the Firearm

11 Owner's Identification Card to the Department of State

12 Police; and

13 (2) complete a Firearm Disposition Record on a form

14 prescribed by the Department of State Police and place his

15 or her firearms in the location or with the person reported

16 in the Firearm Disposition Record. The form shall require

17 the person to disclose:

18 (A) the make, model, and serial number of each

19 firearm owned by or under the custody and control of

20 the revoked or suspended person;

21 (B) the location where each firearm will be

22 maintained during the prohibited term; and

23 (C) if any firearm will be transferred to the

24 custody of another person, the name, address and

25 Firearm Owner's Identification Card number of the

HB3839

- 20 -

LRB101 12423 RLC 60760 b

1 transferee.

2 (a-5) The Firearm Disposition Record shall contain a

3 statement to be signed by the transferee that the transferee:

4 (1) is aware of, and will abide by, current law

5 regarding the unlawful transfer of a firearm;

6 (2) is aware of the penalties for violating the law as

7 it pertains to unlawful transfer of a firearm; and

8 (3) intends to retain possession of the firearm or

9 firearms until it is determined that the transferor is

10 legally eligible to possess a firearm and has an active

11 Firearm Owners Identification Card, if applicable, or

12 until a new person is chosen to hold the firearm or

13 firearms.

14 (b) The local law enforcement agency shall provide a copy

15 of the Firearm Disposition Record to the person whose Firearm

16 Owner's Identification Card has been revoked or suspended, the

17 transferee, and to the Department of State Police.

18 (c) If the person whose Firearm Owner's Identification Card

19 has been revoked or suspended fails to comply with the

20 requirements of this Section, the sheriff or law enforcement

21 agency where the person resides may petition the circuit court

22 to issue a warrant to search for and seize the Firearm Owner's

23 Identification Card and firearms in the possession or under the

24 custody or control of the person whose Firearm Owner's

25 Identification Card has been revoked or suspended.

26 (d) A violation of subsection (a) of this Section is a

HB3839

- 21 -

LRB101 12423 RLC 60760 b

1 Class A misdemeanor.

2 (e) The observation of a Firearm Owner's Identification

3 Card in the possession of a person whose Firearm Owner's

4 Identification Card has been revoked or suspended constitutes a

5 sufficient basis for the arrest of that person for violation of

6 this Section.

7 (f) Within 30 days after the effective date of this

8 amendatory Act of the 98th General Assembly, the Department of

9 State Police shall provide written notice of the requirements

10 of this Section to persons whose Firearm Owner's Identification

11 Cards have been revoked, suspended, or expired and who have

12 failed to surrender their cards to the Department.

13 (g) A person whose Firearm Owner's Identification Card has

14 been revoked or suspended and who received notice under

15 subsection (f) shall comply with the requirements of this

16 Section within 48 hours of receiving notice.

17 (Source: P.A. 98-63, eff. 7-9-13.)

18 Section 20. The Code of Criminal Procedure of 1963 is

19 amended by changing Section 110-10 as follows:

20 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)

21 Sec. 110-10. Conditions of bail bond.

22 (a) If a person is released prior to conviction, either

23 upon payment of bail security or on his or her own

24 recognizance, the conditions of the bail bond shall be that he

HB3839

- 22 -

LRB101 12423 RLC 60760 b

1 or she will:

2 (1) Appear to answer the charge in the court having

3 jurisdiction on a day certain and thereafter as ordered by

4 the court until discharged or final order of the court;

5 (2) Submit himself or herself to the orders and process

6 of the court;

7 (3) Not depart this State without leave of the court;

8 (4) Not violate any criminal statute of any

9 jurisdiction;

10 (5) At a time and place designated by the court, the

11 defendant shall physically surrender all firearms in his or

12 her possession to a law enforcement agency designated by

13 the court to take custody of and impound the firearms and

14 physically surrender his or her Firearm Owner's

15 Identification Card to the law enforcement agency as a

16 condition of remaining on bond pending sentencing

17 ~~surrender all firearms in his or her possession to a law~~

18 ~~enforcement officer designated by the court to take custody~~

19 ~~of and impound the firearms and physically surrender his or~~

20 ~~her Firearm Owner's Identification Card to the clerk of the~~

21 ~~circuit court~~when the offense the person has been charged

22 with is a forcible felony, stalking, aggravated stalking,

23 domestic battery, any violation of the Illinois Controlled

24 Substances Act, the Methamphetamine Control and Community

25 Protection Act, or the Cannabis Control Act that is

26 classified as a Class 2 or greater felony, or any felony

HB3839

- 23 -

LRB101 12423 RLC 60760 b

1 violation of Article 24 of the Criminal Code of 1961 or the

2 Criminal Code of 2012, unless the defendant requests to

3 transfer his or her firearms under Section 9.5 of the

4 Firearm Owners Identification Card Act first. A defendant

5 whose Firearm Owner's Identification Card has been revoked

6 or suspended may petition the court to transfer the

7 respondent's firearm to a person who is lawfully able to

8 possess the firearm if the person does not reside at the

9 same address as the respondent. The transferee who receives

10 the respondent's firearms must swear or affirm by affidavit

11 that he or she shall not transfer the firearm to the

12 defendant or to anyone residing in the same residence as

13 the defendant, until the defendant's Firearm Owner's

14 Identification Card has been reinstated. The law

15 enforcement agency, upon transfer of the firearms, shall

16 require the defendant to complete a Firearm Disposition

17 Record under Section 9.5 of the Firearm Owners

18 Identification Card Act and provide a copy to the

19 Department of State Police along with the defendant's

20 Firearm Owner's Identification Card; the court may,

21 however, forgo the imposition of this condition when the

22 defendant has provided proof to the court that he or she

23 has legally disposed or transferred his or her firearms and

24 returned his or her Firearm Owner's Identification Card to

25 the Department of State Police. If the court finds the

26 circumstances of the case clearly do not warrant it or when

HB3839

- 24 -

LRB101 12423 RLC 60760 b

1 its imposition would be impractical, the court shall

2 indicate on the record and in writing and the court's basis

3 for making the determination ~~when the circumstances of the~~

4 ~~case clearly do not warrant it or when its imposition would~~

5 ~~be impractical~~;all legally possessed firearms shall be

6 returned to the person upon proof being provided to the law

7 enforcement agency of the reinstatement of the person's

8 Firearm Owner's Identification Card; ~~if the Firearm~~

9 ~~Owner's Identification Card is confiscated, the clerk of~~

10 ~~the circuit court shall mail the confiscated card to the~~

11 ~~Illinois State Police; all legally possessed firearms~~

12 ~~shall be returned to the person upon the charges being~~

13 ~~dismissed, or if the person is found not guilty, unless the~~

14 ~~finding of not guilty is by reason of insanity;~~ and

15 (6) At a time and place designated by the court, submit

16 to a psychological evaluation when the person has been

17 charged with a violation of item (4) of subsection (a) of

18 Section 24-1 of the Criminal Code of 1961 or the Criminal

19 Code of 2012 and that violation occurred in a school or in

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 real

23 property comprising any school.

24 Psychological evaluations ordered pursuant to this Section

25 shall be completed promptly and made available to the State,

26 the defendant, and the court. As a further condition of bail

HB3839

- 25 -

LRB101 12423 RLC 60760 b

1 under these circumstances, the court shall order the defendant

2 to refrain from entering upon the property of the school,

3 including any conveyance owned, leased, or contracted by a

4 school to transport students to or from school or a

5 school-related activity, or on any public way within 1,000 feet

6 of real property comprising any school. Upon receipt of the

7 psychological evaluation, either the State or the defendant may

8 request a change in the conditions of bail, pursuant to Section

9 110-6 of this Code. The court may change the conditions of bail

10 to include a requirement that the defendant follow the

11 recommendations of the psychological evaluation, including

12 undergoing psychiatric treatment. The conclusions of the

13 psychological evaluation and any statements elicited from the

14 defendant during its administration are not admissible as

15 evidence of guilt during the course of any trial on the charged

16 offense, unless the defendant places his or her mental

17 competency in issue.

18 (b) The court may impose other conditions, such as the

19 following, if the court finds that such conditions are

20 reasonably necessary to assure the defendant's appearance in

21 court, protect the public from the defendant, or prevent the

22 defendant's unlawful interference with the orderly

23 administration of justice:

24 (1) Report to or appear in person before such person or

25 agency as the court may direct;

26 (2) Refrain from possessing a firearm or other

HB3839

- 26 -

LRB101 12423 RLC 60760 b

1 dangerous weapon;

2 (3) Refrain from approaching or communicating with

3 particular persons or classes of persons;

4 (4) Refrain from going to certain described

5 geographical areas or premises;

6 (5) Refrain from engaging in certain activities or

7 indulging in intoxicating liquors or in certain drugs;

8 (6) Undergo treatment for drug addiction or

9 alcoholism;

10 (7) Undergo medical or psychiatric treatment;

11 (8) Work or pursue a course of study or vocational

12 training;

13 (9) Attend or reside in a facility designated by the

14 court;

15 (10) Support his or her dependents;

16 (11) If a minor resides with his or her parents or in a

17 foster home, attend school, attend a non-residential

18 program for youths, and contribute to his or her own

19 support at home or in a foster home;

20 (12) Observe any curfew ordered by the court;

21 (13) Remain in the custody of such designated person or

22 organization agreeing to supervise his release. Such third

23 party custodian shall be responsible for notifying the

24 court if the defendant fails to observe the conditions of

25 release which the custodian has agreed to monitor, and

26 shall be subject to contempt of court for failure so to

HB3839

- 27 -

LRB101 12423 RLC 60760 b

1 notify the court;

2 (14) Be placed under direct supervision of the Pretrial

3 Services Agency, Probation Department or Court Services

4 Department in a pretrial bond home supervision capacity

5 with or without the use of an approved electronic

6 monitoring device subject to Article 8A of Chapter V of the

7 Unified Code of Corrections;

8 (14.1) The court shall impose upon a defendant who is

9 charged with any alcohol, cannabis, methamphetamine, or

10 controlled substance violation and is placed under direct

11 supervision of the Pretrial Services Agency, Probation

12 Department or Court Services Department in a pretrial bond

13 home supervision capacity with the use of an approved

14 monitoring device, as a condition of such bail bond, a fee

15 that represents costs incidental to the electronic

16 monitoring for each day of such bail supervision ordered by

17 the court, unless after determining the inability of the

18 defendant to pay the fee, the court assesses a lesser fee

19 or no fee as the case may be. The fee shall be collected by

20 the clerk of the circuit court, except as provided in an

21 administrative order of the Chief Judge of the circuit

22 court. The clerk of the circuit court shall pay all monies

23 collected from this fee to the county treasurer for deposit

24 in the substance abuse services fund under Section 5-1086.1

25 of the Counties Code, except as provided in an

26 administrative order of the Chief Judge of the circuit

HB3839

- 28 -

LRB101 12423 RLC 60760 b

1 court.

2 The Chief Judge of the circuit court of the county may

3 by administrative order establish a program for electronic

4 monitoring of offenders with regard to drug-related and

5 alcohol-related offenses, in which a vendor supplies and

6 monitors the operation of the electronic monitoring

7 device, and collects the fees on behalf of the county. The

8 program shall include provisions for indigent offenders

9 and the collection of unpaid fees. The program shall not

10 unduly burden the offender and shall be subject to review

11 by the Chief Judge.

12 The Chief Judge of the circuit court may suspend any

13 additional charges or fees for late payment, interest, or

14 damage to any device;

15 (14.2) The court shall impose upon all defendants,

16 including those defendants subject to paragraph (14.1)

17 above, placed under direct supervision of the Pretrial

18 Services Agency, Probation Department or Court Services

19 Department in a pretrial bond home supervision capacity

20 with the use of an approved monitoring device, as a

21 condition of such bail bond, a fee which shall represent

22 costs incidental to such electronic monitoring for each day

23 of such bail supervision ordered by the court, unless after

24 determining the inability of the defendant to pay the fee,

25 the court assesses a lesser fee or no fee as the case may

26 be. The fee shall be collected by the clerk of the circuit

HB3839

- 29 -

LRB101 12423 RLC 60760 b

1 court, except as provided in an administrative order of the

2 Chief Judge of the circuit court. The clerk of the circuit

3 court shall pay all monies collected from this fee to the

4 county treasurer who shall use the monies collected to

5 defray the costs of corrections. The county treasurer shall

6 deposit the fee collected in the county working cash fund

7 under Section 6-27001 or Section 6-29002 of the Counties

8 Code, as the case may be, except as provided in an

9 administrative order of the Chief Judge of the circuit

10 court.

11 The Chief Judge of the circuit court of the county may

12 by administrative order establish a program for electronic

13 monitoring of offenders with regard to drug-related and

14 alcohol-related offenses, in which a vendor supplies and

15 monitors the operation of the electronic monitoring

16 device, and collects the fees on behalf of the county. The

17 program shall include provisions for indigent offenders

18 and the collection of unpaid fees. The program shall not

19 unduly burden the offender and shall be subject to review

20 by the Chief Judge.

21 The Chief Judge of the circuit court may suspend any

22 additional charges or fees for late payment, interest, or

23 damage to any device;

24 (14.3) The Chief Judge of the Judicial Circuit may

25 establish reasonable fees to be paid by a person receiving

26 pretrial services while under supervision of a pretrial

HB3839

- 30 -

LRB101 12423 RLC 60760 b

1 services agency, probation department, or court services

2 department. Reasonable fees may be charged for pretrial

3 services including, but not limited to, pretrial

4 supervision, diversion programs, electronic monitoring,

5 victim impact services, drug and alcohol testing, DNA

6 testing, GPS electronic monitoring, assessments and

7 evaluations related to domestic violence and other

8 victims, and victim mediation services. The person

9 receiving pretrial services may be ordered to pay all costs

10 incidental to pretrial services in accordance with his or

11 her ability to pay those costs;

12 (14.4) For persons charged with violating Section

13 11-501 of the Illinois Vehicle Code, refrain from operating

14 a motor vehicle not equipped with an ignition interlock

15 device, as defined in Section 1-129.1 of the Illinois

16 Vehicle Code, pursuant to the rules promulgated by the

17 Secretary of State for the installation of ignition

18 interlock devices. Under this condition the court may allow

19 a defendant who is not self-employed to operate a vehicle

20 owned by the defendant's employer that is not equipped with

21 an ignition interlock device in the course and scope of the

22 defendant's employment;

23 (15) Comply with the terms and conditions of an order

24 of protection issued by the court under the Illinois

25 Domestic Violence Act of 1986 or an order of protection

26 issued by the court of another state, tribe, or United

HB3839

- 31 -

LRB101 12423 RLC 60760 b

1 States territory;

2 (16) Under Section 110-6.5 comply with the conditions

3 of the drug testing program; and

4 (17) Such other reasonable conditions as the court may

5 impose.

6 (c) When a person is charged with an offense under Section

7 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

8 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the

9 Criminal Code of 2012, involving a victim who is a minor under

10 18 years of age living in the same household with the defendant

11 at the time of the offense, in granting bail or releasing the

12 defendant on his own recognizance, the judge shall impose

13 conditions to restrict the defendant's access to the victim

14 which may include, but are not limited to conditions that he

15 will:

16 1. Vacate the household.

17 2. Make payment of temporary support to his dependents.

18 3. Refrain from contact or communication with the child

19 victim, except as ordered by the court.

20 (d) When a person is charged with a criminal offense and

21 the victim is a family or household member as defined in

22 Article 112A, conditions shall be imposed at the time of the

23 defendant's release on bond that restrict the defendant's

24 access to the victim. Unless provided otherwise by the court,

25 the restrictions shall include requirements that the defendant

26 do the following:

HB3839

- 32 -

LRB101 12423 RLC 60760 b

1 (1) refrain from contact or communication with the

2 victim for a minimum period of 72 hours following the

3 defendant's release; and

4 (2) refrain from entering or remaining at the victim's

5 residence for a minimum period of 72 hours following the

6 defendant's release.

7 (e) Local law enforcement agencies shall develop

8 standardized bond forms for use in cases involving family or

9 household members as defined in Article 112A, including

10 specific conditions of bond as provided in subsection (d).

11 Failure of any law enforcement department to develop or use

12 those forms shall in no way limit the applicability and

13 enforcement of subsections (d) and (f).

14 (f) If the defendant is admitted to bail after conviction

15 the conditions of the bail bond shall be that he will, in

16 addition to the conditions set forth in subsections (a) and (b)

17 hereof:

18 (1) Duly prosecute his appeal;

19 (2) Appear at such time and place as the court may

20 direct;

21 (3) Not depart this State without leave of the court;

22 (4) Comply with such other reasonable conditions as the

23 court may impose; and

24 (5) If the judgment is affirmed or the cause reversed

25 and remanded for a new trial, forthwith surrender to the

26 officer from whose custody he was bailed.

HB3839

- 33 -

LRB101 12423 RLC 60760 b

1 (g) Upon a finding of guilty for any felony offense, the

2 defendant shall physically surrender, at a time and place

3 designated by the court, all firearms in his or her possession

4 to a law enforcement officer designated by the court to take

5 custody of and impound the firearms and physically surrender

6 his or her Firearm Owner's Identification Card to the law

7 enforcement agency as a condition of remaining on bond pending

8 sentencing, unless the defendant requests to transfer his or

9 her firearms under Section 9.5 of the Firearm Owners

10 Identification Card Act first. A defendant whose Firearm

11 Owner's Identification Card has been revoked or suspended may

12 petition the court to transfer the respondent's firearm to a

13 person who is lawfully able to possess the firearm if the

14 person does not reside at the same address as the respondent.

15 The transferee who receives the respondent's firearms must

16 swear or affirm by affidavit that he or she shall not transfer

17 the firearm to the defendant or to anyone residing in the same

18 residence as the defendant, until the defendant's Firearm

19 Owner's Identification Card has been reinstated. The law

20 enforcement agency, upon transfer of the firearms, shall

21 require the defendant to complete a Firearm Disposition Record

22 under Section 9.5 of the Firearm Owners Identification Card Act

23 and provide a copy to the Department of State Police along with

24 the defendant's Firearm Owner's Identification Card ~~the~~

25 ~~defendant shall physically surrender, at a time and place~~

26 ~~designated by the court, any and all firearms in his or her~~

HB3839

- 34 -

LRB101 12423 RLC 60760 b

1 ~~possession and his or her Firearm Owner's Identification Card~~

2 as a condition of remaining on bond pending sentencing.

3 (h) Upon indictment for any felony offense, the defendant

4 shall physically surrender, at a time and place designated by

5 the court, all firearms in his or her possession to a law

6 enforcement officer designated by the court to take custody of

7 and impound the firearms and physically surrender his or her

8 Firearm Owner's Identification Card to the law enforcement

9 agency as a condition of remaining on bond pending sentencing,

10 unless the defendant requests to transfer his or her firearms

11 under Section 9.5 of the Firearm Owners Identification Card Act

12 first. A defendant whose Firearm Owner's Identification Card

13 has been revoked or suspended may petition the court to

14 transfer the respondent's firearm to a person who is lawfully

15 able to possess the firearm if the person does not reside at

16 the same address as the respondent. The transferee who receives

17 the respondent's firearms must swear or affirm by affidavit

18 that he or she shall not transfer the firearm to the defendant

19 or to anyone residing in the same residence as the defendant,

20 until the defendant's Firearm Owner's Identification Card has

21 been reinstated. The law enforcement agency upon transfer of

22 the firearms shall require the defendant to complete a Firearm

23 Disposition Record under Section 9.5 of the Firearm Owners

24 Identification Card Act and provide a copy to the Department of

25 State Police along with the defendants Firearm Owner's

26 Identification Card. All legally possessed firearms shall be

HB3839

- 35 -

LRB101 12423 RLC 60760 b

1 returned to the person upon proof being provided to the law

2 enforcement agency of the reinstatement of the person's Firearm

3 Owner's Identification Card.

4 (Source: P.A. 99-797, eff. 8-12-16.)

5 Section 25. The Unified Code of Corrections is amended by

6 changing Section 5-6-3 as follows:

7 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)

8 (Text of Section before amendment by P.A. 100-987)

9 Sec. 5-6-3. Conditions of probation and of conditional

10 discharge.

11 (a) The conditions of probation and of conditional

12 discharge shall be that the person:

13 (1) not violate any criminal statute of any

14 jurisdiction;

15 (2) report to or appear in person before such person or

16 agency as directed by the court;

17 (3) refrain from possessing a firearm or other

18 dangerous weapon where the offense is a felony or, if a

19 misdemeanor, the offense involved the intentional or

20 knowing infliction of bodily harm or threat of bodily harm;

21 (4) not leave the State without the consent of the

22 court or, in circumstances in which the reason for the

23 absence is of such an emergency nature that prior consent

24 by the court is not possible, without the prior

HB3839

- 36 -

LRB101 12423 RLC 60760 b

1 notification and approval of the person's probation

2 officer. Transfer of a person's probation or conditional

3 discharge supervision to another state is subject to

4 acceptance by the other state pursuant to the Interstate

5 Compact for Adult Offender Supervision;

6 (5) permit the probation officer to visit him at his

7 home or elsewhere to the extent necessary to discharge his

8 duties;

9 (6) perform no less than 30 hours of community service

10 and not more than 120 hours of community service, if

11 community service is available in the jurisdiction and is

12 funded and approved by the county board where the offense

13 was committed, where the offense was related to or in

14 furtherance of the criminal activities of an organized gang

15 and was motivated by the offender's membership in or

16 allegiance to an organized gang. The community service

17 shall include, but not be limited to, the cleanup and

18 repair of any damage caused by a violation of Section

19 21-1.3 of the Criminal Code of 1961 or the Criminal Code of

20 2012 and similar damage to property located within the

21 municipality or county in which the violation occurred.

22 When possible and reasonable, the community service should

23 be performed in the offender's neighborhood. For purposes

24 of this Section, "organized gang" has the meaning ascribed

25 to it in Section 10 of the Illinois Streetgang Terrorism

26 Omnibus Prevention Act. The court may give credit toward

HB3839

- 37 -

LRB101 12423 RLC 60760 b

1 the fulfillment of community service hours for

2 participation in activities and treatment as determined by

3 court services;

4 (7) if he or she is at least 17 years of age and has

5 been sentenced to probation or conditional discharge for a

6 misdemeanor or felony in a county of 3,000,000 or more

7 inhabitants and has not been previously convicted of a

8 misdemeanor or felony, may be required by the sentencing

9 court to attend educational courses designed to prepare the

10 defendant for a high school diploma and to work toward a

11 high school diploma or to work toward passing high school

12 equivalency testing or to work toward completing a

13 vocational training program approved by the court. The

14 person on probation or conditional discharge must attend a

15 public institution of education to obtain the educational

16 or vocational training required by this paragraph (7). The

17 court shall revoke the probation or conditional discharge

18 of a person who wilfully fails to comply with this

19 paragraph (7). The person on probation or conditional

20 discharge shall be required to pay for the cost of the

21 educational courses or high school equivalency testing if a

22 fee is charged for those courses or testing. The court

23 shall resentence the offender whose probation or

24 conditional discharge has been revoked as provided in

25 Section 5-6-4. This paragraph (7) does not apply to a

26 person who has a high school diploma or has successfully

HB3839

- 38 -

LRB101 12423 RLC 60760 b

1 passed high school equivalency testing. This paragraph (7)

2 does not apply to a person who is determined by the court

3 to be a person with a developmental disability or otherwise

4 mentally incapable of completing the educational or

5 vocational program;

6 (8) if convicted of possession of a substance

7 prohibited by the Cannabis Control Act, the Illinois

8 Controlled Substances Act, or the Methamphetamine Control

9 and Community Protection Act after a previous conviction or

10 disposition of supervision for possession of a substance

11 prohibited by the Cannabis Control Act or Illinois

12 Controlled Substances Act or after a sentence of probation

13 under Section 10 of the Cannabis Control Act, Section 410

14 of the Illinois Controlled Substances Act, or Section 70 of

15 the Methamphetamine Control and Community Protection Act

16 and upon a finding by the court that the person is

17 addicted, undergo treatment at a substance abuse program

18 approved by the court;

19 (8.5) if convicted of a felony sex offense as defined

20 in the Sex Offender Management Board Act, the person shall

21 undergo and successfully complete sex offender treatment

22 by a treatment provider approved by the Board and conducted

23 in conformance with the standards developed under the Sex

24 Offender Management Board Act;

25 (8.6) if convicted of a sex offense as defined in the

26 Sex Offender Management Board Act, refrain from residing at

HB3839

- 39 -

LRB101 12423 RLC 60760 b

1 the same address or in the same condominium unit or

2 apartment unit or in the same condominium complex or

3 apartment complex with another person he or she knows or

4 reasonably should know is a convicted sex offender or has

5 been placed on supervision for a sex offense; the

6 provisions of this paragraph do not apply to a person

7 convicted of a sex offense who is placed in a Department of

8 Corrections licensed transitional housing facility for sex

9 offenders;

10 (8.7) if convicted for an offense committed on or after

11 June 1, 2008 (the effective date of Public Act 95-464) that

12 would qualify the accused as a child sex offender as

13 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of

14 1961 or the Criminal Code of 2012, refrain from

15 communicating with or contacting, by means of the Internet,

16 a person who is not related to the accused and whom the

17 accused reasonably believes to be under 18 years of age;

18 for purposes of this paragraph (8.7), "Internet" has the

19 meaning ascribed to it in Section 16-0.1 of the Criminal

20 Code of 2012; and a person is not related to the accused if

21 the person is not: (i) the spouse, brother, or sister of

22 the accused; (ii) a descendant of the accused; (iii) a

23 first or second cousin of the accused; or (iv) a step-child

24 or adopted child of the accused;

25 (8.8) if convicted for an offense under Section 11-6,

26 11-9.1, 11-14.4 that involves soliciting for a juvenile

HB3839

- 40 -

LRB101 12423 RLC 60760 b

1 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21

2 of the Criminal Code of 1961 or the Criminal Code of 2012,

3 or any attempt to commit any of these offenses, committed

4 on or after June 1, 2009 (the effective date of Public Act

5 95-983):

6 (i) not access or use a computer or any other

7 device with Internet capability without the prior

8 written approval of the offender's probation officer,

9 except in connection with the offender's employment or

10 search for employment with the prior approval of the

11 offender's probation officer;

12 (ii) submit to periodic unannounced examinations

13 of the offender's computer or any other device with

14 Internet capability by the offender's probation

15 officer, a law enforcement officer, or assigned

16 computer or information technology specialist,

17 including the retrieval and copying of all data from

18 the computer or device and any internal or external

19 peripherals and removal of such information,

20 equipment, or device to conduct a more thorough

21 inspection;

22 (iii) submit to the installation on the offender's

23 computer or device with Internet capability, at the

24 offender's expense, of one or more hardware or software

25 systems to monitor the Internet use; and

26 (iv) submit to any other appropriate restrictions

HB3839

- 41 -

LRB101 12423 RLC 60760 b

1 concerning the offender's use of or access to a

2 computer or any other device with Internet capability

3 imposed by the offender's probation officer;

4 (8.9) if convicted of a sex offense as defined in the

5 Sex Offender Registration Act committed on or after January

6 1, 2010 (the effective date of Public Act 96-262), refrain

7 from accessing or using a social networking website as

8 defined in Section 17-0.5 of the Criminal Code of 2012;

9 (9) if convicted ~~of a felony or~~ of any misdemeanor

10 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or

11 12-3.5 of the Criminal Code of 1961 or the Criminal Code of

12 2012 that was determined, pursuant to Section 112A-11.1 of

13 the Code of Criminal Procedure of 1963, to trigger the

14 prohibitions of 18 U.S.C. 922(g)(9), the defendant shall

15 physically surrender, at a time and place designated by the

16 court, all firearms in his or her possession to a law

17 enforcement officer designated by the court to take custody

18 of and impound the firearms and physically surrender his or

19 her Firearm Owner's Identification Card to the law

20 enforcement agency as a condition of remaining on bond

21 pending sentencing, unless the defendant requests to

22 transfer his or her firearms under Section 9.5 of the

23 Firearm Owners Identification Card Act first. A defendant

24 whose Firearm Owner's Identification Card has been revoked

25 or suspended may petition the court to transfer the

26 respondent's firearm to a person who is lawfully able to

HB3839

- 42 -

LRB101 12423 RLC 60760 b

1 possess the firearm if the person does not reside at the

2 same address as the respondent. The transferee who receives

3 the respondent's firearms must swear or affirm by affidavit

4 that he or she shall not transfer the firearm to the

5 defendant or to anyone residing in the same residence as

6 the defendant, until the defendant's Firearm Owner's

7 Identification Card has been reinstated. The law

8 enforcement agency, upon transfer of the firearms, shall

9 require the defendant to complete a Firearm Disposition

10 Record under Section 9.5 of the Firearm Owner's

11 Identification Card Act and provide a copy to the

12 Department of State Police along with the defendants

13 Firearm Owner's Identification Card ~~physically surrender~~

14 ~~at a time and place designated by the court, his or her~~

15 ~~Firearm Owner's Identification Card and any and all~~

16 ~~firearms in his or her possession. The Court shall return~~

17 ~~to the Department of State Police Firearm Owner's~~

18 ~~Identification Card Office the person's Firearm Owner's~~

19 ~~Identification Card~~;

20 (10) if convicted of a sex offense as defined in

21 subsection (a-5) of Section 3-1-2 of this Code, unless the

22 offender is a parent or guardian of the person under 18

23 years of age present in the home and no non-familial minors

24 are present, not participate in a holiday event involving

25 children under 18 years of age, such as distributing candy

26 or other items to children on Halloween, wearing a Santa

HB3839

- 43 -

LRB101 12423 RLC 60760 b

1 Claus costume on or preceding Christmas, being employed as

2 a department store Santa Claus, or wearing an Easter Bunny

3 costume on or preceding Easter;

4 (11) if convicted of a sex offense as defined in

5 Section 2 of the Sex Offender Registration Act committed on

6 or after January 1, 2010 (the effective date of Public Act

7 96-362) that requires the person to register as a sex

8 offender under that Act, may not knowingly use any computer

9 scrub software on any computer that the sex offender uses;

10 (12) if convicted of a violation of the Methamphetamine

11 Control and Community Protection Act, the Methamphetamine

12 Precursor Control Act, or a methamphetamine related

13 offense:

14 (A) prohibited from purchasing, possessing, or

15 having under his or her control any product containing

16 pseudoephedrine unless prescribed by a physician; and

17 (B) prohibited from purchasing, possessing, or

18 having under his or her control any product containing

19 ammonium nitrate; ~~and~~

20 (13) if convicted of a hate crime involving the

21 protected class identified in subsection (a) of Section

22 12-7.1 of the Criminal Code of 2012 that gave rise to the

23 offense the offender committed, perform public or

24 community service of no less than 200 hours and enroll in

25 an educational program discouraging hate crimes that

26 includes racial, ethnic, and cultural sensitivity training

HB3839

- 44 -

LRB101 12423 RLC 60760 b

1 ordered by the court; ~~.~~

2 (14) if convicted of a felony, the defendant shall

3 physically surrender, at a time and place designated by the

4 court, all firearms in his or her possession to a law

5 enforcement officer designated by the court to take custody

6 of and impound the firearms and physically surrender his or

7 her Firearm Owner's Identification Card to the law

8 enforcement agency as a condition of remaining on bond

9 pending sentencing, unless the defendant requests to

10 transfer his or her firearms under Section 9.5 of the

11 Firearm Owners Identification Card Act first. A defendant

12 whose Firearm Owner's Identification Card has been revoked

13 or suspended may petition the court to transfer the

14 respondent's firearm to a person who is lawfully able to

15 possess the firearm if the person does not reside at the

16 same address as the respondent. The transferee who receives

17 the respondent's firearms must swear or affirm by affidavit

18 that he or she shall not transfer the firearm to the

19 defendant or to anyone residing in the same residence as

20 the defendant, until the defendant's Firearm Owner's

21 Identification Card has been reinstated. The law

22 enforcement agency, upon transfer of the firearms, shall

23 require the defendant to complete a Firearm Disposition

24 Record under Section 9.5 of the Firearm Owners

25 Identification Card Act and provide a copy to the

26 Department of State Police along with the defendants

HB3839

- 45 -

LRB101 12423 RLC 60760 b

1 Firearm Owner's Identification Card; and

2 (15) if the person is under 21 years of age who has

3 been convicted of a misdemeanor offense other than a

4 traffic offense, the defendant shall physically surrender,

5 at a time and place designated by the court, all firearms

6 in his or her possession to a law enforcement officer

7 designated by the court to take custody of and impound the

8 firearms and physically surrender his or her Firearm

9 Owner's Identification Card to the law enforcement agency

10 as a condition of remaining on bond pending sentencing,

11 unless the defendant requests to transfer his or her

12 firearms under Section 9.5 of the Firearm Owners

13 Identification Card Act first. A defendant whose Firearm

14 Owner's Identification Card has been revoked or suspended

15 may petition the court to transfer the respondent's firearm

16 to a person who is lawfully able to possess the firearm if

17 the person does not reside at the same address as the

18 respondent. The transferee who receives the respondent's

19 firearms must swear or affirm by affidavit that he or she

20 shall not transfer the firearm to the defendant or to

21 anyone residing in the same residence as the defendant,

22 until the defendant's Firearm Owner's Identification Card

23 has been reinstated. The law enforcement agency, upon

24 transfer of the firearms, shall require the defendant to

25 complete a Firearm Disposition Record under Section 9.5 of

26 the Firearm Owners Identification Card Act and provide a

HB3839

- 46 -

LRB101 12423 RLC 60760 b

1 copy to the Department of State Police along with the

2 defendants Firearm Owner's Identification Card.

3 (b) The Court may in addition to other reasonable

4 conditions relating to the nature of the offense or the

5 rehabilitation of the defendant as determined for each

6 defendant in the proper discretion of the Court require that

7 the person:

8 (1) serve a term of periodic imprisonment under Article

9 7 for a period not to exceed that specified in paragraph

10 (d) of Section 5-7-1;

11 (2) pay a fine and costs;

12 (3) work or pursue a course of study or vocational

13 training;

14 (4) undergo medical, psychological or psychiatric

15 treatment; or treatment for drug addiction or alcoholism;

16 (5) attend or reside in a facility established for the

17 instruction or residence of defendants on probation;

18 (6) support his dependents;

19 (7) and in addition, if a minor:

20 (i) reside with his parents or in a foster home;

21 (ii) attend school;

22 (iii) attend a non-residential program for youth;

23 (iv) contribute to his own support at home or in a

24 foster home;

25 (v) with the consent of the superintendent of the

26 facility, attend an educational program at a facility

HB3839

- 47 -

LRB101 12423 RLC 60760 b

1 other than the school in which the offense was

2 committed if he or she is convicted of a crime of

3 violence as defined in Section 2 of the Crime Victims

4 Compensation Act committed in a school, on the real

5 property comprising a school, or within 1,000 feet of

6 the real property comprising a school;

7 (8) make restitution as provided in Section 5-5-6 of

8 this Code;

9 (9) perform some reasonable public or community

10 service;

11 (10) serve a term of home confinement. In addition to

12 any other applicable condition of probation or conditional

13 discharge, the conditions of home confinement shall be that

14 the offender:

15 (i) remain within the interior premises of the

16 place designated for his confinement during the hours

17 designated by the court;

18 (ii) admit any person or agent designated by the

19 court into the offender's place of confinement at any

20 time for purposes of verifying the offender's

21 compliance with the conditions of his confinement; and

22 (iii) if further deemed necessary by the court or

23 the Probation or Court Services Department, be placed

24 on an approved electronic monitoring device, subject

25 to Article 8A of Chapter V;

26 (iv) for persons convicted of any alcohol,

HB3839

- 48 -

LRB101 12423 RLC 60760 b

1 cannabis or controlled substance violation who are

2 placed on an approved monitoring device as a condition

3 of probation or conditional discharge, the court shall

4 impose a reasonable fee for each day of the use of the

5 device, as established by the county board in

6 subsection (g) of this Section, unless after

7 determining the inability of the offender to pay the

8 fee, the court assesses a lesser fee or no fee as the

9 case may be. This fee shall be imposed in addition to

10 the fees imposed under subsections (g) and (i) of this

11 Section. The fee shall be collected by the clerk of the

12 circuit court, except as provided in an administrative

13 order of the Chief Judge of the circuit court. The

14 clerk of the circuit court shall pay all monies

15 collected from this fee to the county treasurer for

16 deposit in the substance abuse services fund under

17 Section 5-1086.1 of the Counties Code, except as

18 provided in an administrative order of the Chief Judge

19 of the circuit court.

20 The Chief Judge of the circuit court of the county

21 may by administrative order establish a program for

22 electronic monitoring of offenders, in which a vendor

23 supplies and monitors the operation of the electronic

24 monitoring device, and collects the fees on behalf of

25 the county. The program shall include provisions for

26 indigent offenders and the collection of unpaid fees.

HB3839

- 49 -

LRB101 12423 RLC 60760 b

1 The program shall not unduly burden the offender and

2 shall be subject to review by the Chief Judge.

3 The Chief Judge of the circuit court may suspend

4 any additional charges or fees for late payment,

5 interest, or damage to any device; and

6 (v) for persons convicted of offenses other than

7 those referenced in clause (iv) above and who are

8 placed on an approved monitoring device as a condition

9 of probation or conditional discharge, the court shall

10 impose a reasonable fee for each day of the use of the

11 device, as established by the county board in

12 subsection (g) of this Section, unless after

13 determining the inability of the defendant to pay the

14 fee, the court assesses a lesser fee or no fee as the

15 case may be. This fee shall be imposed in addition to

16 the fees imposed under subsections (g) and (i) of this

17 Section. The fee shall be collected by the clerk of the

18 circuit court, except as provided in an administrative

19 order of the Chief Judge of the circuit court. The

20 clerk of the circuit court shall pay all monies

21 collected from this fee to the county treasurer who

22 shall use the monies collected to defray the costs of

23 corrections. The county treasurer shall deposit the

24 fee collected in the probation and court services fund.

25 The Chief Judge of the circuit court of the county may

26 by administrative order establish a program for

HB3839

- 50 -

LRB101 12423 RLC 60760 b

1 electronic monitoring of offenders, in which a vendor

2 supplies and monitors the operation of the electronic

3 monitoring device, and collects the fees on behalf of

4 the county. The program shall include provisions for

5 indigent offenders and the collection of unpaid fees.

6 The program shall not unduly burden the offender and

7 shall be subject to review by the Chief Judge.

8 The Chief Judge of the circuit court may suspend

9 any additional charges or fees for late payment,

10 interest, or damage to any device.

11 (11) comply with the terms and conditions of an order

12 of protection issued by the court pursuant to the Illinois

13 Domestic Violence Act of 1986, as now or hereafter amended,

14 or an order of protection issued by the court of another

15 state, tribe, or United States territory. A copy of the

16 order of protection shall be transmitted to the probation

17 officer or agency having responsibility for the case;

18 (12) reimburse any "local anti-crime program" as

19 defined in Section 7 of the Anti-Crime Advisory Council Act

20 for any reasonable expenses incurred by the program on the

21 offender's case, not to exceed the maximum amount of the

22 fine authorized for the offense for which the defendant was

23 sentenced;

24 (13) contribute a reasonable sum of money, not to

25 exceed the maximum amount of the fine authorized for the

26 offense for which the defendant was sentenced, (i) to a

HB3839

- 51 -

LRB101 12423 RLC 60760 b

1 "local anti-crime program", as defined in Section 7 of the

2 Anti-Crime Advisory Council Act, or (ii) for offenses under

3 the jurisdiction of the Department of Natural Resources, to

4 the fund established by the Department of Natural Resources

5 for the purchase of evidence for investigation purposes and

6 to conduct investigations as outlined in Section 805-105 of

7 the Department of Natural Resources (Conservation) Law;

8 (14) refrain from entering into a designated

9 geographic area except upon such terms as the court finds

10 appropriate. Such terms may include consideration of the

11 purpose of the entry, the time of day, other persons

12 accompanying the defendant, and advance approval by a

13 probation officer, if the defendant has been placed on

14 probation or advance approval by the court, if the

15 defendant was placed on conditional discharge;

16 (15) refrain from having any contact, directly or

17 indirectly, with certain specified persons or particular

18 types of persons, including but not limited to members of

19 street gangs and drug users or dealers;

20 (16) refrain from having in his or her body the

21 presence of any illicit drug prohibited by the Cannabis

22 Control Act, the Illinois Controlled Substances Act, or the

23 Methamphetamine Control and Community Protection Act,

24 unless prescribed by a physician, and submit samples of his

25 or her blood or urine or both for tests to determine the

26 presence of any illicit drug;

HB3839

- 52 -

LRB101 12423 RLC 60760 b

1 (17) if convicted for an offense committed on or after

2 June 1, 2008 (the effective date of Public Act 95-464) that

3 would qualify the accused as a child sex offender as

4 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of

5 1961 or the Criminal Code of 2012, refrain from

6 communicating with or contacting, by means of the Internet,

7 a person who is related to the accused and whom the accused

8 reasonably believes to be under 18 years of age; for

9 purposes of this paragraph (17), "Internet" has the meaning

10 ascribed to it in Section 16-0.1 of the Criminal Code of

11 2012; and a person is related to the accused if the person

12 is: (i) the spouse, brother, or sister of the accused; (ii)

13 a descendant of the accused; (iii) a first or second cousin

14 of the accused; or (iv) a step-child or adopted child of

15 the accused;

16 (18) if convicted for an offense committed on or after

17 June 1, 2009 (the effective date of Public Act 95-983) that

18 would qualify as a sex offense as defined in the Sex

19 Offender Registration Act:

20 (i) not access or use a computer or any other

21 device with Internet capability without the prior

22 written approval of the offender's probation officer,

23 except in connection with the offender's employment or

24 search for employment with the prior approval of the

25 offender's probation officer;

26 (ii) submit to periodic unannounced examinations

HB3839

- 53 -

LRB101 12423 RLC 60760 b

1 of the offender's computer or any other device with

2 Internet capability by the offender's probation

3 officer, a law enforcement officer, or assigned

4 computer or information technology specialist,

5 including the retrieval and copying of all data from

6 the computer or device and any internal or external

7 peripherals and removal of such information,

8 equipment, or device to conduct a more thorough

9 inspection;

10 (iii) submit to the installation on the offender's

11 computer or device with Internet capability, at the

12 subject's expense, of one or more hardware or software

13 systems to monitor the Internet use; and

14 (iv) submit to any other appropriate restrictions

15 concerning the offender's use of or access to a

16 computer or any other device with Internet capability

17 imposed by the offender's probation officer; and

18 (19) refrain from possessing a firearm or other

19 dangerous weapon where the offense is a misdemeanor that

20 did not involve the intentional or knowing infliction of

21 bodily harm or threat of bodily harm.

22 (c) The court may as a condition of probation or of

23 conditional discharge require that a person under 18 years of

24 age found guilty of any alcohol, cannabis or controlled

25 substance violation, refrain from acquiring a driver's license

26 during the period of probation or conditional discharge. If

HB3839

- 54 -

LRB101 12423 RLC 60760 b

1 such person is in possession of a permit or license, the court

2 may require that the minor refrain from driving or operating

3 any motor vehicle during the period of probation or conditional

4 discharge, except as may be necessary in the course of the

5 minor's lawful employment.

6 (d) An offender sentenced to probation or to conditional

7 discharge shall be given a certificate setting forth the

8 conditions thereof.

9 (e) Except where the offender has committed a fourth or

10 subsequent violation of subsection (c) of Section 6-303 of the

11 Illinois Vehicle Code, the court shall not require as a

12 condition of the sentence of probation or conditional discharge

13 that the offender be committed to a period of imprisonment in

14 excess of 6 months. This 6-month limit shall not include

15 periods of confinement given pursuant to a sentence of county

16 impact incarceration under Section 5-8-1.2.

17 Persons committed to imprisonment as a condition of

18 probation or conditional discharge shall not be committed to

19 the Department of Corrections.

20 (f) The court may combine a sentence of periodic

21 imprisonment under Article 7 or a sentence to a county impact

22 incarceration program under Article 8 with a sentence of

23 probation or conditional discharge.

24 (g) An offender sentenced to probation or to conditional

25 discharge and who during the term of either undergoes mandatory

26 drug or alcohol testing, or both, or is assigned to be placed

HB3839

- 55 -

LRB101 12423 RLC 60760 b

1 on an approved electronic monitoring device, shall be ordered

2 to pay all costs incidental to such mandatory drug or alcohol

3 testing, or both, and all costs incidental to such approved

4 electronic monitoring in accordance with the defendant's

5 ability to pay those costs. The county board with the

6 concurrence of the Chief Judge of the judicial circuit in which

7 the county is located shall establish reasonable fees for the

8 cost of maintenance, testing, and incidental expenses related

9 to the mandatory drug or alcohol testing, or both, and all

10 costs incidental to approved electronic monitoring, involved

11 in a successful probation program for the county. The

12 concurrence of the Chief Judge shall be in the form of an

13 administrative order. The fees shall be collected by the clerk

14 of the circuit court, except as provided in an administrative

15 order of the Chief Judge of the circuit court. The clerk of the

16 circuit court shall pay all moneys collected from these fees to

17 the county treasurer who shall use the moneys collected to

18 defray the costs of drug testing, alcohol testing, and

19 electronic monitoring. The county treasurer shall deposit the

20 fees collected in the county working cash fund under Section

21 6-27001 or Section 6-29002 of the Counties Code, as the case

22 may be. The Chief Judge of the circuit court of the county may

23 by administrative order establish a program for electronic

24 monitoring of offenders, in which a vendor supplies and

25 monitors the operation of the electronic monitoring device, and

26 collects the fees on behalf of the county. The program shall

HB3839

- 56 -

LRB101 12423 RLC 60760 b

1 include provisions for indigent offenders and the collection of

2 unpaid fees. The program shall not unduly burden the offender

3 and shall be subject to review by the Chief Judge.

4 The Chief Judge of the circuit court may suspend any

5 additional charges or fees for late payment, interest, or

6 damage to any device.

7 (h) Jurisdiction over an offender may be transferred from

8 the sentencing court to the court of another circuit with the

9 concurrence of both courts. Further transfers or retransfers of

10 jurisdiction are also authorized in the same manner. The court

11 to which jurisdiction has been transferred shall have the same

12 powers as the sentencing court. The probation department within

13 the circuit to which jurisdiction has been transferred, or

14 which has agreed to provide supervision, may impose probation

15 fees upon receiving the transferred offender, as provided in

16 subsection (i). For all transfer cases, as defined in Section

17 9b of the Probation and Probation Officers Act, the probation

18 department from the original sentencing court shall retain all

19 probation fees collected prior to the transfer. After the

20 transfer, all probation fees shall be paid to the probation

21 department within the circuit to which jurisdiction has been

22 transferred.

23 (i) The court shall impose upon an offender sentenced to

24 probation after January 1, 1989 or to conditional discharge

25 after January 1, 1992 or to community service under the

26 supervision of a probation or court services department after

HB3839

- 57 -

LRB101 12423 RLC 60760 b

1 January 1, 2004, as a condition of such probation or

2 conditional discharge or supervised community service, a fee of

3 $50 for each month of probation or conditional discharge

4 supervision or supervised community service ordered by the

5 court, unless after determining the inability of the person

6 sentenced to probation or conditional discharge or supervised

7 community service to pay the fee, the court assesses a lesser

8 fee. The court may not impose the fee on a minor who is placed

9 in the guardianship or custody of the Department of Children

10 and Family Services under the Juvenile Court Act of 1987 while

11 the minor is in placement. The fee shall be imposed only upon

12 an offender who is actively supervised by the probation and

13 court services department. The fee shall be collected by the

14 clerk of the circuit court. The clerk of the circuit court

15 shall pay all monies collected from this fee to the county

16 treasurer for deposit in the probation and court services fund

17 under Section 15.1 of the Probation and Probation Officers Act.

18 A circuit court may not impose a probation fee under this

19 subsection (i) in excess of $25 per month unless the circuit

20 court has adopted, by administrative order issued by the chief

21 judge, a standard probation fee guide determining an offender's

22 ability to pay Of the amount collected as a probation fee, up

23 to $5 of that fee collected per month may be used to provide

24 services to crime victims and their families.

25 The Court may only waive probation fees based on an

26 offender's ability to pay. The probation department may

HB3839

- 58 -

LRB101 12423 RLC 60760 b

1 re-evaluate an offender's ability to pay every 6 months, and,

2 with the approval of the Director of Court Services or the

3 Chief Probation Officer, adjust the monthly fee amount. An

4 offender may elect to pay probation fees due in a lump sum. Any

5 offender that has been assigned to the supervision of a

6 probation department, or has been transferred either under

7 subsection (h) of this Section or under any interstate compact,

8 shall be required to pay probation fees to the department

9 supervising the offender, based on the offender's ability to

10 pay.

11 Public Act 93-970 deletes the $10 increase in the fee under

12 this subsection that was imposed by Public Act 93-616. This

13 deletion is intended to control over any other Act of the 93rd

14 General Assembly that retains or incorporates that fee

15 increase.

16 (i-5) In addition to the fees imposed under subsection (i)

17 of this Section, in the case of an offender convicted of a

18 felony sex offense (as defined in the Sex Offender Management

19 Board Act) or an offense that the court or probation department

20 has determined to be sexually motivated (as defined in the Sex

21 Offender Management Board Act), the court or the probation

22 department shall assess additional fees to pay for all costs of

23 treatment, assessment, evaluation for risk and treatment, and

24 monitoring the offender, based on that offender's ability to

25 pay those costs either as they occur or under a payment plan.

26 (j) All fines and costs imposed under this Section for any

HB3839

- 59 -

LRB101 12423 RLC 60760 b

1 violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle

2 Code, or a similar provision of a local ordinance, and any

3 violation of the Child Passenger Protection Act, or a similar

4 provision of a local ordinance, shall be collected and

5 disbursed by the circuit clerk as provided under Section 27.5

6 of the Clerks of Courts Act.

7 (k) Any offender who is sentenced to probation or

8 conditional discharge for a felony sex offense as defined in

9 the Sex Offender Management Board Act or any offense that the

10 court or probation department has determined to be sexually

11 motivated as defined in the Sex Offender Management Board Act

12 shall be required to refrain from any contact, directly or

13 indirectly, with any persons specified by the court and shall

14 be available for all evaluations and treatment programs

15 required by the court or the probation department.

16 (l) The court may order an offender who is sentenced to

17 probation or conditional discharge for a violation of an order

18 of protection be placed under electronic surveillance as

19 provided in Section 5-8A-7 of this Code.

20 (Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16;

21 100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff.

22 1-8-18.)

23 (Text of Section after amendment by P.A. 100-987)

24 Sec. 5-6-3. Conditions of probation and of conditional

25 discharge.

HB3839

- 60 -

LRB101 12423 RLC 60760 b

1 (a) The conditions of probation and of conditional

2 discharge shall be that the person:

3 (1) not violate any criminal statute of any

4 jurisdiction;

5 (2) report to or appear in person before such person or

6 agency as directed by the court;

7 (3) refrain from possessing a firearm or other

8 dangerous weapon where the offense is a felony or, if a

9 misdemeanor, the offense involved the intentional or

10 knowing infliction of bodily harm or threat of bodily harm;

11 (4) not leave the State without the consent of the

12 court or, in circumstances in which the reason for the

13 absence is of such an emergency nature that prior consent

14 by the court is not possible, without the prior

15 notification and approval of the person's probation

16 officer. Transfer of a person's probation or conditional

17 discharge supervision to another state is subject to

18 acceptance by the other state pursuant to the Interstate

19 Compact for Adult Offender Supervision;

20 (5) permit the probation officer to visit him at his

21 home or elsewhere to the extent necessary to discharge his

22 duties;

23 (6) perform no less than 30 hours of community service

24 and not more than 120 hours of community service, if

25 community service is available in the jurisdiction and is

26 funded and approved by the county board where the offense

HB3839

- 61 -

LRB101 12423 RLC 60760 b

1 was committed, where the offense was related to or in

2 furtherance of the criminal activities of an organized gang

3 and was motivated by the offender's membership in or

4 allegiance to an organized gang. The community service

5 shall include, but not be limited to, the cleanup and

6 repair of any damage caused by a violation of Section

7 21-1.3 of the Criminal Code of 1961 or the Criminal Code of

8 2012 and similar damage to property located within the

9 municipality or county in which the violation occurred.

10 When possible and reasonable, the community service should

11 be performed in the offender's neighborhood. For purposes

12 of this Section, "organized gang" has the meaning ascribed

13 to it in Section 10 of the Illinois Streetgang Terrorism

14 Omnibus Prevention Act. The court may give credit toward

15 the fulfillment of community service hours for

16 participation in activities and treatment as determined by

17 court services;

18 (7) if he or she is at least 17 years of age and has

19 been sentenced to probation or conditional discharge for a

20 misdemeanor or felony in a county of 3,000,000 or more

21 inhabitants and has not been previously convicted of a

22 misdemeanor or felony, may be required by the sentencing

23 court to attend educational courses designed to prepare the

24 defendant for a high school diploma and to work toward a

25 high school diploma or to work toward passing high school

26 equivalency testing or to work toward completing a

HB3839

- 62 -

LRB101 12423 RLC 60760 b

1 vocational training program approved by the court. The

2 person on probation or conditional discharge must attend a

3 public institution of education to obtain the educational

4 or vocational training required by this paragraph (7). The

5 court shall revoke the probation or conditional discharge

6 of a person who wilfully fails to comply with this

7 paragraph (7). The person on probation or conditional

8 discharge shall be required to pay for the cost of the

9 educational courses or high school equivalency testing if a

10 fee is charged for those courses or testing. The court

11 shall resentence the offender whose probation or

12 conditional discharge has been revoked as provided in

13 Section 5-6-4. This paragraph (7) does not apply to a

14 person who has a high school diploma or has successfully

15 passed high school equivalency testing. This paragraph (7)

16 does not apply to a person who is determined by the court

17 to be a person with a developmental disability or otherwise

18 mentally incapable of completing the educational or

19 vocational program;

20 (8) if convicted of possession of a substance

21 prohibited by the Cannabis Control Act, the Illinois

22 Controlled Substances Act, or the Methamphetamine Control

23 and Community Protection Act after a previous conviction or

24 disposition of supervision for possession of a substance

25 prohibited by the Cannabis Control Act or Illinois

26 Controlled Substances Act or after a sentence of probation

HB3839

- 63 -

LRB101 12423 RLC 60760 b

1 under Section 10 of the Cannabis Control Act, Section 410

2 of the Illinois Controlled Substances Act, or Section 70 of

3 the Methamphetamine Control and Community Protection Act

4 and upon a finding by the court that the person is

5 addicted, undergo treatment at a substance abuse program

6 approved by the court;

7 (8.5) if convicted of a felony sex offense as defined

8 in the Sex Offender Management Board Act, the person shall

9 undergo and successfully complete sex offender treatment

10 by a treatment provider approved by the Board and conducted

11 in conformance with the standards developed under the Sex

12 Offender Management Board Act;

13 (8.6) if convicted of a sex offense as defined in the

14 Sex Offender Management Board Act, refrain from residing at

15 the same address or in the same condominium unit or

16 apartment unit or in the same condominium complex or

17 apartment complex with another person he or she knows or

18 reasonably should know is a convicted sex offender or has

19 been placed on supervision for a sex offense; the

20 provisions of this paragraph do not apply to a person

21 convicted of a sex offense who is placed in a Department of

22 Corrections licensed transitional housing facility for sex

23 offenders;

24 (8.7) if convicted for an offense committed on or after

25 June 1, 2008 (the effective date of Public Act 95-464) that

26 would qualify the accused as a child sex offender as

HB3839

- 64 -

LRB101 12423 RLC 60760 b

1 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of

2 1961 or the Criminal Code of 2012, refrain from

3 communicating with or contacting, by means of the Internet,

4 a person who is not related to the accused and whom the

5 accused reasonably believes to be under 18 years of age;

6 for purposes of this paragraph (8.7), "Internet" has the

7 meaning ascribed to it in Section 16-0.1 of the Criminal

8 Code of 2012; and a person is not related to the accused if

9 the person is not: (i) the spouse, brother, or sister of

10 the accused; (ii) a descendant of the accused; (iii) a

11 first or second cousin of the accused; or (iv) a step-child

12 or adopted child of the accused;

13 (8.8) if convicted for an offense under Section 11-6,

14 11-9.1, 11-14.4 that involves soliciting for a juvenile

15 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21

16 of the Criminal Code of 1961 or the Criminal Code of 2012,

17 or any attempt to commit any of these offenses, committed

18 on or after June 1, 2009 (the effective date of Public Act

19 95-983):

20 (i) not access or use a computer or any other

21 device with Internet capability without the prior

22 written approval of the offender's probation officer,

23 except in connection with the offender's employment or

24 search for employment with the prior approval of the

25 offender's probation officer;

26 (ii) submit to periodic unannounced examinations

HB3839

- 65 -

LRB101 12423 RLC 60760 b

1 of the offender's computer or any other device with

2 Internet capability by the offender's probation

3 officer, a law enforcement officer, or assigned

4 computer or information technology specialist,

5 including the retrieval and copying of all data from

6 the computer or device and any internal or external

7 peripherals and removal of such information,

8 equipment, or device to conduct a more thorough

9 inspection;

10 (iii) submit to the installation on the offender's

11 computer or device with Internet capability, at the

12 offender's expense, of one or more hardware or software

13 systems to monitor the Internet use; and

14 (iv) submit to any other appropriate restrictions

15 concerning the offender's use of or access to a

16 computer or any other device with Internet capability

17 imposed by the offender's probation officer;

18 (8.9) if convicted of a sex offense as defined in the

19 Sex Offender Registration Act committed on or after January

20 1, 2010 (the effective date of Public Act 96-262), refrain

21 from accessing or using a social networking website as

22 defined in Section 17-0.5 of the Criminal Code of 2012;

23 (9) if convicted ~~of a felony or~~ of any misdemeanor

24 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or

25 12-3.5 of the Criminal Code of 1961 or the Criminal Code of

26 2012 that was determined, pursuant to Section 112A-11.1 of

HB3839

- 66 -

LRB101 12423 RLC 60760 b

1 the Code of Criminal Procedure of 1963, to trigger the

2 prohibitions of 18 U.S.C. 922(g)(9), the defendant shall

3 physically surrender, at a time and place designated by the

4 court, all firearms in his or her possession to a law

5 enforcement officer designated by the court to take custody

6 of and impound the firearms and physically surrender his or

7 her Firearm Owner's Identification Card to the law

8 enforcement agency as a condition of remaining on bond

9 pending sentencing, unless the defendant requests to

10 transfer his or her firearms under Section 9.5 of the

11 Firearm Owners Identification Card Act first. A defendant

12 whose Firearm Owner's Identification Card has been revoked

13 or suspended may petition the court to transfer the

14 respondent's firearm to a person who is lawfully able to

15 possess the firearm if the person does not reside at the

16 same address as the respondent. The transferee who receives

17 the respondent's firearms must swear or affirm by affidavit

18 that he or she shall not transfer the firearm to the

19 defendant or to anyone residing in the same residence as

20 the defendant, until the defendant's Firearm Owner's

21 Identification Card has been reinstated. The law

22 enforcement agency, upon transfer of the firearms, shall

23 require the defendant to complete a Firearm Disposition

24 Record under Section 9.5 of the Firearm Owner's

25 Identification Card Act and provide a copy to the

26 Department of State Police along with the defendants

HB3839

- 67 -

LRB101 12423 RLC 60760 b

1 Firearm Owner's Identification Card ~~physically surrender~~

2 ~~at a time and place designated by the court, his or her~~

3 ~~Firearm Owner's Identification Card and any and all~~

4 ~~firearms in his or her possession. The Court shall return~~

5 ~~to the Department of State Police Firearm Owner's~~

6 ~~Identification Card Office the person's Firearm Owner's~~

7 ~~Identification Card~~;

8 (10) if convicted of a sex offense as defined in

9 subsection (a-5) of Section 3-1-2 of this Code, unless the

10 offender is a parent or guardian of the person under 18

11 years of age present in the home and no non-familial minors

12 are present, not participate in a holiday event involving

13 children under 18 years of age, such as distributing candy

14 or other items to children on Halloween, wearing a Santa

15 Claus costume on or preceding Christmas, being employed as

16 a department store Santa Claus, or wearing an Easter Bunny

17 costume on or preceding Easter;

18 (11) if convicted of a sex offense as defined in

19 Section 2 of the Sex Offender Registration Act committed on

20 or after January 1, 2010 (the effective date of Public Act

21 96-362) that requires the person to register as a sex

22 offender under that Act, may not knowingly use any computer

23 scrub software on any computer that the sex offender uses;

24 (12) if convicted of a violation of the Methamphetamine

25 Control and Community Protection Act, the Methamphetamine

26 Precursor Control Act, or a methamphetamine related

HB3839

- 68 -

LRB101 12423 RLC 60760 b

1 offense:

2 (A) prohibited from purchasing, possessing, or

3 having under his or her control any product containing

4 pseudoephedrine unless prescribed by a physician; and

5 (B) prohibited from purchasing, possessing, or

6 having under his or her control any product containing

7 ammonium nitrate; ~~and~~

8 (13) if convicted of a hate crime involving the

9 protected class identified in subsection (a) of Section

10 12-7.1 of the Criminal Code of 2012 that gave rise to the

11 offense the offender committed, perform public or

12 community service of no less than 200 hours and enroll in

13 an educational program discouraging hate crimes that

14 includes racial, ethnic, and cultural sensitivity training

15 ordered by the court; ~~.~~

16 (14) if convicted of a felony, the defendant shall

17 physically surrender, at a time and place designated by the

18 court, all firearms in his or her possession to a law

19 enforcement officer designated by the court to take custody

20 of and impound the firearms and physically surrender his or

21 her Firearm Owner's Identification Card to the law

22 enforcement agency as a condition of remaining on bond

23 pending sentencing, unless the defendant requests to

24 transfer his or her firearms under Section 9.5 of the

25 Firearm Owners Identification Card Act first. A defendant

26 whose Firearm Owner's Identification Card has been revoked

HB3839

- 69 -

LRB101 12423 RLC 60760 b

1 or suspended may petition the court to transfer the

2 respondent's firearm to a person who is lawfully able to

3 possess the firearm if the person does not reside at the

4 same address as the respondent. The transferee who receives

5 the respondent's firearms must swear or affirm by affidavit

6 that he or she shall not transfer the firearm to the

7 defendant or to anyone residing in the same residence as

8 the defendant, until the defendant's Firearm Owner's

9 Identification Card has been reinstated. The law

10 enforcement agency, upon transfer of the firearms, shall

11 require the defendant to complete a Firearm Disposition

12 Record under Section 9.5 of the Firearm Owners

13 Identification Card Act and provide a copy to the

14 Department of State Police along with the defendants

15 Firearm Owner's Identification Card; and

16 (15) if the person is under 21 years of age who has

17 been convicted of a misdemeanor offense other than a

18 traffic offense, the defendant shall physically surrender,

19 at a time and place designated by the court, all firearms

20 in his or her possession to a law enforcement officer

21 designated by the court to take custody of and impound the

22 firearms and physically surrender his or her Firearm

23 Owner's Identification Card to the law enforcement agency

24 as a condition of remaining on bond pending sentencing,

25 unless the defendant requests to transfer his or her

26 firearms under Section 9.5 of the Firearm Owners

HB3839

- 70 -

LRB101 12423 RLC 60760 b

1 Identification Card Act first. A defendant whose Firearm

2 Owner's Identification Card has been revoked or suspended

3 may petition the court to transfer the respondent's firearm

4 to a person who is lawfully able to possess the firearm if

5 the person does not reside at the same address as the

6 respondent. The transferee who receives the respondent's

7 firearms must swear or affirm by affidavit that he or she

8 shall not transfer the firearm to the defendant or to

9 anyone residing in the same residence as the defendant,

10 until the defendant's Firearm Owner's Identification Card

11 has been reinstated. The law enforcement agency, upon

12 transfer of the firearms, shall require the defendant to

13 complete a Firearm Disposition Record under Section 9.5 of

14 the Firearm Owners Identification Card Act and provide a

15 copy to the Department of State Police along with the

16 defendants Firearm Owner's Identification Card.

17 (b) The Court may in addition to other reasonable

18 conditions relating to the nature of the offense or the

19 rehabilitation of the defendant as determined for each

20 defendant in the proper discretion of the Court require that

21 the person:

22 (1) serve a term of periodic imprisonment under Article

23 7 for a period not to exceed that specified in paragraph

24 (d) of Section 5-7-1;

25 (2) pay a fine and costs;

26 (3) work or pursue a course of study or vocational

HB3839

- 71 -

LRB101 12423 RLC 60760 b

1 training;

2 (4) undergo medical, psychological or psychiatric

3 treatment; or treatment for drug addiction or alcoholism;

4 (5) attend or reside in a facility established for the

5 instruction or residence of defendants on probation;

6 (6) support his dependents;

7 (7) and in addition, if a minor:

8 (i) reside with his parents or in a foster home;

9 (ii) attend school;

10 (iii) attend a non-residential program for youth;

11 (iv) contribute to his own support at home or in a

12 foster home;

13 (v) with the consent of the superintendent of the

14 facility, attend an educational program at a facility

15 other than the school in which the offense was

16 committed if he or she is convicted of a crime of

17 violence as defined in Section 2 of the Crime Victims

18 Compensation Act committed in a school, on the real

19 property comprising a school, or within 1,000 feet of

20 the real property comprising a school;

21 (8) make restitution as provided in Section 5-5-6 of

22 this Code;

23 (9) perform some reasonable public or community

24 service;

25 (10) serve a term of home confinement. In addition to

26 any other applicable condition of probation or conditional

HB3839

- 72 -

LRB101 12423 RLC 60760 b

1 discharge, the conditions of home confinement shall be that

2 the offender:

3 (i) remain within the interior premises of the

4 place designated for his confinement during the hours

5 designated by the court;

6 (ii) admit any person or agent designated by the

7 court into the offender's place of confinement at any

8 time for purposes of verifying the offender's

9 compliance with the conditions of his confinement; and

10 (iii) if further deemed necessary by the court or

11 the Probation or Court Services Department, be placed

12 on an approved electronic monitoring device, subject

13 to Article 8A of Chapter V;

14 (iv) for persons convicted of any alcohol,

15 cannabis or controlled substance violation who are

16 placed on an approved monitoring device as a condition

17 of probation or conditional discharge, the court shall

18 impose a reasonable fee for each day of the use of the

19 device, as established by the county board in

20 subsection (g) of this Section, unless after

21 determining the inability of the offender to pay the

22 fee, the court assesses a lesser fee or no fee as the

23 case may be. This fee shall be imposed in addition to

24 the fees imposed under subsections (g) and (i) of this

25 Section. The fee shall be collected by the clerk of the

26 circuit court, except as provided in an administrative

HB3839

- 73 -

LRB101 12423 RLC 60760 b

1 order of the Chief Judge of the circuit court. The

2 clerk of the circuit court shall pay all monies

3 collected from this fee to the county treasurer for

4 deposit in the substance abuse services fund under

5 Section 5-1086.1 of the Counties Code, except as

6 provided in an administrative order of the Chief Judge

7 of the circuit court.

8 The Chief Judge of the circuit court of the county

9 may by administrative order establish a program for

10 electronic monitoring of offenders, in which a vendor

11 supplies and monitors the operation of the electronic

12 monitoring device, and collects the fees on behalf of

13 the county. The program shall include provisions for

14 indigent offenders and the collection of unpaid fees.

15 The program shall not unduly burden the offender and

16 shall be subject to review by the Chief Judge.

17 The Chief Judge of the circuit court may suspend

18 any additional charges or fees for late payment,

19 interest, or damage to any device; and

20 (v) for persons convicted of offenses other than

21 those referenced in clause (iv) above and who are

22 placed on an approved monitoring device as a condition

23 of probation or conditional discharge, the court shall

24 impose a reasonable fee for each day of the use of the

25 device, as established by the county board in

26 subsection (g) of this Section, unless after

HB3839

- 74 -

LRB101 12423 RLC 60760 b

1 determining the inability of the defendant to pay the

2 fee, the court assesses a lesser fee or no fee as the

3 case may be. This fee shall be imposed in addition to

4 the fees imposed under subsections (g) and (i) of this

5 Section. The fee shall be collected by the clerk of the

6 circuit court, except as provided in an administrative

7 order of the Chief Judge of the circuit court. The

8 clerk of the circuit court shall pay all monies

9 collected from this fee to the county treasurer who

10 shall use the monies collected to defray the costs of

11 corrections. The county treasurer shall deposit the

12 fee collected in the probation and court services fund.

13 The Chief Judge of the circuit court of the county may

14 by administrative order establish a program for

15 electronic monitoring of offenders, in which a vendor

16 supplies and monitors the operation of the electronic

17 monitoring device, and collects the fees on behalf of

18 the county. The program shall include provisions for

19 indigent offenders and the collection of unpaid fees.

20 The program shall not unduly burden the offender and

21 shall be subject to review by the Chief Judge.

22 The Chief Judge of the circuit court may suspend

23 any additional charges or fees for late payment,

24 interest, or damage to any device.

25 (11) comply with the terms and conditions of an order

26 of protection issued by the court pursuant to the Illinois

HB3839

- 75 -

LRB101 12423 RLC 60760 b

1 Domestic Violence Act of 1986, as now or hereafter amended,

2 or an order of protection issued by the court of another

3 state, tribe, or United States territory. A copy of the

4 order of protection shall be transmitted to the probation

5 officer or agency having responsibility for the case;

6 (12) reimburse any "local anti-crime program" as

7 defined in Section 7 of the Anti-Crime Advisory Council Act

8 for any reasonable expenses incurred by the program on the

9 offender's case, not to exceed the maximum amount of the

10 fine authorized for the offense for which the defendant was

11 sentenced;

12 (13) contribute a reasonable sum of money, not to

13 exceed the maximum amount of the fine authorized for the

14 offense for which the defendant was sentenced, (i) to a

15 "local anti-crime program", as defined in Section 7 of the

16 Anti-Crime Advisory Council Act, or (ii) for offenses under

17 the jurisdiction of the Department of Natural Resources, to

18 the fund established by the Department of Natural Resources

19 for the purchase of evidence for investigation purposes and

20 to conduct investigations as outlined in Section 805-105 of

21 the Department of Natural Resources (Conservation) Law;

22 (14) refrain from entering into a designated

23 geographic area except upon such terms as the court finds

24 appropriate. Such terms may include consideration of the

25 purpose of the entry, the time of day, other persons

26 accompanying the defendant, and advance approval by a

HB3839

- 76 -

LRB101 12423 RLC 60760 b

1 probation officer, if the defendant has been placed on

2 probation or advance approval by the court, if the

3 defendant was placed on conditional discharge;

4 (15) refrain from having any contact, directly or

5 indirectly, with certain specified persons or particular

6 types of persons, including but not limited to members of

7 street gangs and drug users or dealers;

8 (16) refrain from having in his or her body the

9 presence of any illicit drug prohibited by the Cannabis

10 Control Act, the Illinois Controlled Substances Act, or the

11 Methamphetamine Control and Community Protection Act,

12 unless prescribed by a physician, and submit samples of his

13 or her blood or urine or both for tests to determine the

14 presence of any illicit drug;

15 (17) if convicted for an offense committed on or after

16 June 1, 2008 (the effective date of Public Act 95-464) that

17 would qualify the accused as a child sex offender as

18 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of

19 1961 or the Criminal Code of 2012, refrain from

20 communicating with or contacting, by means of the Internet,

21 a person who is related to the accused and whom the accused

22 reasonably believes to be under 18 years of age; for

23 purposes of this paragraph (17), "Internet" has the meaning

24 ascribed to it in Section 16-0.1 of the Criminal Code of

25 2012; and a person is related to the accused if the person

26 is: (i) the spouse, brother, or sister of the accused; (ii)

HB3839

- 77 -

LRB101 12423 RLC 60760 b

1 a descendant of the accused; (iii) a first or second cousin

2 of the accused; or (iv) a step-child or adopted child of

3 the accused;

4 (18) if convicted for an offense committed on or after

5 June 1, 2009 (the effective date of Public Act 95-983) that

6 would qualify as a sex offense as defined in the Sex

7 Offender Registration Act:

8 (i) not access or use a computer or any other

9 device with Internet capability without the prior

10 written approval of the offender's probation officer,

11 except in connection with the offender's employment or

12 search for employment with the prior approval of the

13 offender's probation officer;

14 (ii) submit to periodic unannounced examinations

15 of the offender's computer or any other device with

16 Internet capability by the offender's probation

17 officer, a law enforcement officer, or assigned

18 computer or information technology specialist,

19 including the retrieval and copying of all data from

20 the computer or device and any internal or external

21 peripherals and removal of such information,

22 equipment, or device to conduct a more thorough

23 inspection;

24 (iii) submit to the installation on the offender's

25 computer or device with Internet capability, at the

26 subject's expense, of one or more hardware or software

HB3839

- 78 -

LRB101 12423 RLC 60760 b

1 systems to monitor the Internet use; and

2 (iv) submit to any other appropriate restrictions

3 concerning the offender's use of or access to a

4 computer or any other device with Internet capability

5 imposed by the offender's probation officer; and

6 (19) refrain from possessing a firearm or other

7 dangerous weapon where the offense is a misdemeanor that

8 did not involve the intentional or knowing infliction of

9 bodily harm or threat of bodily harm.

10 (c) The court may as a condition of probation or of

11 conditional discharge require that a person under 18 years of

12 age found guilty of any alcohol, cannabis or controlled

13 substance violation, refrain from acquiring a driver's license

14 during the period of probation or conditional discharge. If

15 such person is in possession of a permit or license, the court

16 may require that the minor refrain from driving or operating

17 any motor vehicle during the period of probation or conditional

18 discharge, except as may be necessary in the course of the

19 minor's lawful employment.

20 (d) An offender sentenced to probation or to conditional

21 discharge shall be given a certificate setting forth the

22 conditions thereof.

23 (e) Except where the offender has committed a fourth or

24 subsequent violation of subsection (c) of Section 6-303 of the

25 Illinois Vehicle Code, the court shall not require as a

26 condition of the sentence of probation or conditional discharge

HB3839

- 79 -

LRB101 12423 RLC 60760 b

1 that the offender be committed to a period of imprisonment in

2 excess of 6 months. This 6-month limit shall not include

3 periods of confinement given pursuant to a sentence of county

4 impact incarceration under Section 5-8-1.2.

5 Persons committed to imprisonment as a condition of

6 probation or conditional discharge shall not be committed to

7 the Department of Corrections.

8 (f) The court may combine a sentence of periodic

9 imprisonment under Article 7 or a sentence to a county impact

10 incarceration program under Article 8 with a sentence of

11 probation or conditional discharge.

12 (g) An offender sentenced to probation or to conditional

13 discharge and who during the term of either undergoes mandatory

14 drug or alcohol testing, or both, or is assigned to be placed

15 on an approved electronic monitoring device, shall be ordered

16 to pay all costs incidental to such mandatory drug or alcohol

17 testing, or both, and all costs incidental to such approved

18 electronic monitoring in accordance with the defendant's

19 ability to pay those costs. The county board with the

20 concurrence of the Chief Judge of the judicial circuit in which

21 the county is located shall establish reasonable fees for the

22 cost of maintenance, testing, and incidental expenses related

23 to the mandatory drug or alcohol testing, or both, and all

24 costs incidental to approved electronic monitoring, involved

25 in a successful probation program for the county. The

26 concurrence of the Chief Judge shall be in the form of an

HB3839

- 80 -

LRB101 12423 RLC 60760 b

1 administrative order. The fees shall be collected by the clerk

2 of the circuit court, except as provided in an administrative

3 order of the Chief Judge of the circuit court. The clerk of the

4 circuit court shall pay all moneys collected from these fees to

5 the county treasurer who shall use the moneys collected to

6 defray the costs of drug testing, alcohol testing, and

7 electronic monitoring. The county treasurer shall deposit the

8 fees collected in the county working cash fund under Section

9 6-27001 or Section 6-29002 of the Counties Code, as the case

10 may be. The Chief Judge of the circuit court of the county may

11 by administrative order establish a program for electronic

12 monitoring of offenders, in which a vendor supplies and

13 monitors the operation of the electronic monitoring device, and

14 collects the fees on behalf of the county. The program shall

15 include provisions for indigent offenders and the collection of

16 unpaid fees. The program shall not unduly burden the offender

17 and shall be subject to review by the Chief Judge.

18 The Chief Judge of the circuit court may suspend any

19 additional charges or fees for late payment, interest, or

20 damage to any device.

21 (h) Jurisdiction over an offender may be transferred from

22 the sentencing court to the court of another circuit with the

23 concurrence of both courts. Further transfers or retransfers of

24 jurisdiction are also authorized in the same manner. The court

25 to which jurisdiction has been transferred shall have the same

26 powers as the sentencing court. The probation department within

HB3839

- 81 -

LRB101 12423 RLC 60760 b

1 the circuit to which jurisdiction has been transferred, or

2 which has agreed to provide supervision, may impose probation

3 fees upon receiving the transferred offender, as provided in

4 subsection (i). For all transfer cases, as defined in Section

5 9b of the Probation and Probation Officers Act, the probation

6 department from the original sentencing court shall retain all

7 probation fees collected prior to the transfer. After the

8 transfer, all probation fees shall be paid to the probation

9 department within the circuit to which jurisdiction has been

10 transferred.

11 (i) The court shall impose upon an offender sentenced to

12 probation after January 1, 1989 or to conditional discharge

13 after January 1, 1992 or to community service under the

14 supervision of a probation or court services department after

15 January 1, 2004, as a condition of such probation or

16 conditional discharge or supervised community service, a fee of

17 $50 for each month of probation or conditional discharge

18 supervision or supervised community service ordered by the

19 court, unless after determining the inability of the person

20 sentenced to probation or conditional discharge or supervised

21 community service to pay the fee, the court assesses a lesser

22 fee. The court may not impose the fee on a minor who is placed

23 in the guardianship or custody of the Department of Children

24 and Family Services under the Juvenile Court Act of 1987 while

25 the minor is in placement. The fee shall be imposed only upon

26 an offender who is actively supervised by the probation and

HB3839

- 82 -

LRB101 12423 RLC 60760 b

1 court services department. The fee shall be collected by the

2 clerk of the circuit court. The clerk of the circuit court

3 shall pay all monies collected from this fee to the county

4 treasurer for deposit in the probation and court services fund

5 under Section 15.1 of the Probation and Probation Officers Act.

6 A circuit court may not impose a probation fee under this

7 subsection (i) in excess of $25 per month unless the circuit

8 court has adopted, by administrative order issued by the chief

9 judge, a standard probation fee guide determining an offender's

10 ability to pay Of the amount collected as a probation fee, up

11 to $5 of that fee collected per month may be used to provide

12 services to crime victims and their families.

13 The Court may only waive probation fees based on an

14 offender's ability to pay. The probation department may

15 re-evaluate an offender's ability to pay every 6 months, and,

16 with the approval of the Director of Court Services or the

17 Chief Probation Officer, adjust the monthly fee amount. An

18 offender may elect to pay probation fees due in a lump sum. Any

19 offender that has been assigned to the supervision of a

20 probation department, or has been transferred either under

21 subsection (h) of this Section or under any interstate compact,

22 shall be required to pay probation fees to the department

23 supervising the offender, based on the offender's ability to

24 pay.

25 Public Act 93-970 deletes the $10 increase in the fee under

26 this subsection that was imposed by Public Act 93-616. This

HB3839

- 83 -

LRB101 12423 RLC 60760 b

1 deletion is intended to control over any other Act of the 93rd

2 General Assembly that retains or incorporates that fee

3 increase.

4 (i-5) In addition to the fees imposed under subsection (i)

5 of this Section, in the case of an offender convicted of a

6 felony sex offense (as defined in the Sex Offender Management

7 Board Act) or an offense that the court or probation department

8 has determined to be sexually motivated (as defined in the Sex

9 Offender Management Board Act), the court or the probation

10 department shall assess additional fees to pay for all costs of

11 treatment, assessment, evaluation for risk and treatment, and

12 monitoring the offender, based on that offender's ability to

13 pay those costs either as they occur or under a payment plan.

14 (j) All fines and costs imposed under this Section for any

15 violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle

16 Code, or a similar provision of a local ordinance, and any

17 violation of the Child Passenger Protection Act, or a similar

18 provision of a local ordinance, shall be collected and

19 disbursed by the circuit clerk as provided under the Criminal

20 and Traffic Assessment Act.

21 (k) Any offender who is sentenced to probation or

22 conditional discharge for a felony sex offense as defined in

23 the Sex Offender Management Board Act or any offense that the

24 court or probation department has determined to be sexually

25 motivated as defined in the Sex Offender Management Board Act

26 shall be required to refrain from any contact, directly or

HB3839

- 84 -

LRB101 12423 RLC 60760 b

1 indirectly, with any persons specified by the court and shall

2 be available for all evaluations and treatment programs

3 required by the court or the probation department.

4 (l) The court may order an offender who is sentenced to

5 probation or conditional discharge for a violation of an order

6 of protection be placed under electronic surveillance as

7 provided in Section 5-8A-7 of this Code.

8 (Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16;

9 100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff.

10 1-8-18; 100-987, eff. 7-1-19.)

11 Section 95. No acceleration or delay. Where this Act makes

12 changes in a statute that is represented in this Act by text

13 that is not yet or no longer in effect (for example, a Section

14 represented by multiple versions), the use of that text does

15 not accelerate or delay the taking effect of (i) the changes

16 made by this Act or (ii) provisions derived from any other

17 Public Act.

18 Section 99. Effective date. This Act takes effect upon

19 becoming law.