101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5215

Introduced , by Rep. Keith R. Wheeler

SYNOPSIS AS INTRODUCED:

See Index

Amends the Department of State Police Law of the
Civil Administrative

Code of Illinois. Provides that the Illinois 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Attorneys and the Attorney General to capture a report of persons whose Firearm Owner's Identification Cards have been revoked or suspended.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 Illinois 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 Owners Identification Card Act. Amends the Firearm Owners Identification Card Act. Provides that the Illinois State Police shall include in the report the reason the person's Firearm Owner's Identification Card was revoked or suspended.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 that the defendant shall physically surrender each firearm in his or her possession to a law enforcement agency designated by the court to take custody of and impound the firearm 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. Effective immediately.

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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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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

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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

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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

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1 County Transit District under the Bi-State Transit Safety

2 Act.

3 (q) Information prohibited from being disclosed by the

4 Personnel Record 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

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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

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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

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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) Records that are exempt from disclosure under

9 Section 4.2 of the Crime Victims Compensation Act.

10 (nn) Information that is exempt from disclosure under

11 Section 70 of the Higher Education Student Assistance Act.

12 (oo) Communications, notes, records, and reports

13 arising out of a peer support counseling session prohibited

14 from disclosure under the First Responders Suicide

15 Prevention Act.

16 (pp) Names and all identifying information relating to

17 an employee of an emergency services provider or law

18 enforcement agency under the First Responders Suicide

19 Prevention Act.

20 (qq) Information and records held by the Department of

21 Public Health and its authorized representatives collected

22 under the Reproductive Health Act.

23 (rr) Information that is exempt from disclosure under

24 the Cannabis Regulation and Tax Act.

25 (ss) Data reported by an employer to the Department of

26 Human Rights pursuant to Section 2-108 of the Illinois

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1 Human Rights Act.

2 (tt) Recordings made under the Children's Advocacy

3 Center Act, except to the extent authorized under that Act.

4 (uu) Information that is exempt from disclosure under

5 Section 50 of the Sexual Assault Evidence Submission Act.

6 (vv) Information that is exempt from disclosure under

7 subsections (f) and (j) of Section 5-36 of the Illinois

8 Public Aid Code.

9 (ww) Information that is exempt from disclosure under

10 Section 16.8 of the State Treasurer Act.

11 (xx) Information that is exempt from disclosure or

12 information that shall not be made public under the

13 Illinois Insurance Code.

14 (yy) ~~(oo)~~ Information prohibited from being disclosed

15 under the Illinois Educational Labor Relations Act.

16 (zz) ~~(pp)~~ Information prohibited from being disclosed

17 under the Illinois Public Labor Relations Act.

18 (aaa) ~~(qq)~~ Information prohibited from being disclosed

19 under Section 1-167 of the Illinois Pension Code.

20 (bbb) Records and information exempt from disclosure

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

22 Law of the Civil Administrative Code of Illinois.

23 (Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;

24 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.

25 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,

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

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1 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.

2 6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,

3 eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;

4 101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.

5 1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; revised

6 1-6-20.)

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

8 Administrative Code of Illinois is amended by adding Sections

9 2605-304 and 2605-615 as follows:

10 (20 ILCS 2605/2605-304 new)

11 Sec. 2605-304. Prohibited persons portal.

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

13 amendatory Act of the 101st General Assembly, the Illinois

14 State Police shall establish a portal for use by federal,

15 State, or local law enforcement agencies, including State's

16 Attorneys and the Attorney General, to capture a report of

17 persons whose Firearm Owner's Identification Cards have been

18 revoked or suspended. The portal is for law enforcement

19 purposes only.

20 (b) The Illinois State Police shall include in the report

21 the reason the person's Firearm Owner's Identification Card was

22 subject to revocation or suspension, to the extent allowed by

23 law, consistent with Section 8 of the Firearm Owners

24 Identification Card Act.

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1 (c) The Illinois State Police shall indicate whether the

2 person subject to the revocation or suspension of his or her

3 Firearm Owner's Identification Card has surrendered his or her

4 revoked or suspended Firearm Owner's Identification Card and

5 whether the person has completed a Firearm Disposition Record

6 required under Section 9.5 of the Firearm Owners Identification

7 Card Act.

8 (d) The Illinois State Police shall provide updates of

9 information related to an individual's current Firearm Owner's

10 Identification Card revocation or suspension status, including

11 compliance under Section 9.5 of the Firearm Owners

12 Identification Card Act, in the Illinois State Police's Law

13 Enforcement Agencies Data System.

14 (e) Records and information in the portal are exempt from

15 disclosure under the Freedom of Information Act.

16 (f) The Illinois State Police may adopt rules necessary to

17 implement this Section.

18 (20 ILCS 2605/2605-615 new)

19 Sec. 2605-615. Firearm Recovery Task Force. The Director

20 shall establish a statewide multi-jurisdictional Firearm

21 Recovery Task Force led by the Illinois State Police to seize

22 and recover the Firearm Owner's Identification Cards of revoked

23 persons and to enforce Section 9.5 of the Firearm Owner's

24 Identification Card Act.

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

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

2 government, the Task Force shall operate under an

3 intergovernmental agreement entered into with that unit of

4 local government in conformity with the provisions of the

5 Intergovernmental Cooperation Act. Units of local government

6 cooperating with the Task Force shall be reimbursed by the

7 Illinois State Police for expenses incurred in their

8 cooperation with the Task Force.

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

10 For purposes of this Section:

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

12 Identification Card has been revoked under Section 8 of the

13 Firearm Owners Identification Card Act.

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

15 Section 1 of Article VII of the Illinois Constitution and

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

17 Section 15. The Firearm Owners Identification Card Act is

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

19 Section 8.4 as follows:

20 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)

21 Sec. 3.1. Dial up system.

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

23 telephone system or utilize other existing technology which

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

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

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

3 Department of State Police may utilize existing technology

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

5 Fees collected by the Department of State Police shall be

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

7 the service.

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

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

10 Department of State Police shall immediately approve, or within

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

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

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

14 show vendor of any objection that would disqualify the

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

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

17 Police shall initiate and complete an automated search of its

18 criminal history record information files and those of the

19 Federal Bureau of Investigation, including the National

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

21 the Department of Human Services relating to mental health and

22 developmental disabilities to obtain anyprohibiting

23 information ~~felony conviction~~ or patient hospitalization

24 information which would disqualify a person from obtaining or

25 require revocation of a currently valid Firearm Owner's

26 Identification Card.

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

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

3 Department of State Police shall:

4 (1) assign a unique identification number to the

5 transfer; and

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

7 show vendor with the number.

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

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

10 of issue.

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

12 Illinois Point of Contact for the National Instant Criminal

13 Background Check System.

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

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

16 regarding confidentiality, enter into a memorandum of

17 understanding with the Federal Bureau of Investigation for the

18 purpose of implementing the National Instant Criminal

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

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

21 description of any person prohibited from possessing a firearm

22 pursuant to the Firearm Owners Identification Card Act or 18

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

24 Background Check System Index, Denied Persons Files.

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

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

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

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

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

4 law enforcement agencies with jurisdiction to assist with the

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

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

7 inconsistent with this Section to implement this system.

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

9 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

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

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

12 revoke and seize a Firearm Owner's Identification Card

13 previously issued under this Act only if the Department finds

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

15 is or was at the time of issuance:

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

17 convicted of a misdemeanor other than a traffic offense or

18 adjudged delinquent;

19 (b) This subsection (b) applies through the 180th day

20 following the effective date of this amendatory Act of the

21 101st General Assembly. A person under 21 years of age who

22 does not have the written consent of his parent or guardian

23 to acquire and possess firearms and firearm ammunition, or

24 whose parent or guardian has revoked such written consent,

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

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1 Firearm Owner's Identification Card;

2 (b-5) This subsection (b-5) applies on and after the

3 181st day following the effective date of this amendatory

4 Act of the 101st General Assembly. A person under 21 years

5 of age who is not an active duty member of the United

6 States Armed Forces and does not have the written consent

7 of his or her parent or guardian to acquire and possess

8 firearms and firearm ammunition, or whose parent or

9 guardian has revoked such written consent, or where such

10 parent or guardian does not qualify to have a Firearm

11 Owner's Identification Card;

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

13 this or any other jurisdiction;

14 (d) A person addicted to narcotics;

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

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

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

18 who has not received the certification required under

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

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

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

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

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

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

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

26 treating clinical psychologist or physician, and the

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1 officer seeks mental health treatment;

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

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

4 any other person or persons or the community;

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

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

7 in the Firearm Owner's Identification Card application;

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

9 States under the laws of the United States;

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

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

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

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

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

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

16 that alien is:

17 (1) admitted to the United States for lawful

18 hunting or sporting purposes;

19 (2) an official representative of a foreign

20 government who is:

21 (A) accredited to the United States Government

22 or the Government's mission to an international

23 organization having its headquarters in the United

24 States; or

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

26 which that alien is accredited;

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1 (3) an official of a foreign government or

2 distinguished foreign visitor who has been so

3 designated by the Department of State;

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

5 foreign government entering the United States on

6 official business; or

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

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

9 922(y)(3);

10 (j) (Blank);

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

12 years of battery, assault, aggravated assault, violation

13 of an order of protection, or a substantially similar

14 offense in another jurisdiction, in which a firearm was

15 used or possessed;

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

17 battery, aggravated domestic battery, or a substantially

18 similar offense in another jurisdiction committed before,

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

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

21 previously issued a Firearm Owner's Identification Card

22 under this Act knowingly and intelligently waives the right

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

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

25 conviction for an offense in which a domestic relationship

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

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

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

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

4 conviction for that offense shall be grounds for denying an

5 application for and for revoking and seizing a Firearm

6 Owner's Identification Card previously issued to the

7 person under this Act;

8 (m) (Blank);

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

10 possessing firearms or firearm ammunition by any Illinois

11 State statute or by federal law;

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

13 5-520 of the Juvenile Court Act of 1987 alleging that the

14 minor is a delinquent minor for the commission of an

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

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

17 minor under the Juvenile Court Act of 1987 for the

18 commission of an offense that if committed by an adult

19 would be a felony;

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

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

22 Section 4;

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

24 a mental disability;

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

26 disability;

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1 (t) A person involuntarily admitted into a mental

2 health facility; ~~or~~

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

4 Identification Card revoked or denied under subsection (e)

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

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

7 patient in a mental health facility as provided in

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

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

10 5-year period has lapsed, unless he or she has received a

11 mental health evaluation by a physician, clinical

12 psychologist, or qualified examiner as those terms are

13 defined in the Mental Health and Developmental

14 Disabilities Code, and has received a certification that he

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

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

17 or qualified examiner making the certification and his or

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

19 professionally liable for making or not making the

20 certification required under this subsection, except for

21 willful or wanton misconduct. This subsection does not

22 apply to a person whose firearm possession rights have been

23 restored through administrative or judicial action under

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

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

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

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

2 of 1975.

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

4 Identification Card, the Department of State Police shall

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

6 person shall comply with Section 9.5 of this Act.

7 (Source: P.A. 101-80, eff. 7-12-19.)

8 (430 ILCS 65/8.4 new)

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

10 Card. The Illinois State Police may cancel a Firearm Owner's

11 Identification Card if a person is not prohibited by State or

12 federal law from acquiring or possessing a firearm or firearm

13 ammunition and the sole purpose is for an administrative

14 reason. "Administrative reason" includes, but is not limited

15 to: a person who surrenders his or her Illinois drivers license

16 or Illinois Identification Card to another jurisdiction,

17 death, or in which a person's Firearm Owner's Identification

18 Card is reported as lost, stolen, or destroyed. The Illinois

19 State Police may adopt rules necessary to implement this

20 Section.

21 (430 ILCS 65/9.5)

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

23 Identification Card.

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

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

2 notice of the revocation or suspension:

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

4 Identification Card to the local law enforcement agency

5 where the person resides. The local law enforcement agency

6 shall provide the person a receipt and transmit the Firearm

7 Owner's Identification Card to the Department of State

8 Police; and

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

10 prescribed by the Department of State Police and place his

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

12 in the Firearm Disposition Record. The form shall require

13 the person to disclose:

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

15 firearm owned by or under the custody and control of

16 the revoked or suspended person;

17 (B) the location where each firearm will be

18 maintained during the prohibited term; and

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

20 custody of another person, the name, address and

21 Firearm Owner's Identification Card number of the

22 transferee.

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

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

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

26 regarding the unlawful transfer of a firearm;

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

2 it pertains to unlawful transfer of a firearm; and

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

4 firearms until it is determined that the transferor is

5 legally eligible to possess a firearm and has an active

6 Firearm Owner's Identification Card, if applicable, or

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

8 firearms.

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

10 of the Firearm Disposition Record to the person whose Firearm

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

12 transferee, and to the Department of State Police.

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

14 has been revoked or suspended fails to comply with the

15 requirements of this Section, the sheriff or law enforcement

16 agency where the person resides may petition the circuit court

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

18 Identification Card and firearms in the possession or under the

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

20 Identification Card has been revoked or suspended.

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

22 Class A misdemeanor.

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

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

25 Identification Card has been revoked or suspended constitutes a

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

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1 this Section.

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

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

4 State Police shall provide written notice of the requirements

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

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

7 failed to surrender their cards to the Department.

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

9 been revoked or suspended and who received notice under

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

11 Section within 48 hours of receiving notice.

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

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

14 amended by changing Section 110-10 as follows:

15 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)

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

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

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

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

20 or she will:

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

22 jurisdiction on a day certain and thereafter as ordered by

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

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

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1 of the court;

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

3 (4) Not violate any criminal statute of any

4 jurisdiction;

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

6 defendant shall physically surrender each firearm in his or

7 her possession to a law enforcement agency designated by

8 the court to take custody of and impound the firearm and

9 physically surrender his or her Firearm Owner's

10 Identification Card to the law enforcement agency as a

11 condition of remaining on bond pending sentencing

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

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

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

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

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

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

18 domestic battery, any violation of the Illinois Controlled

19 Substances Act, the Methamphetamine Control and Community

20 Protection Act, or the Cannabis Control Act that is

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

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

23 Criminal Code of 2012, unless the defendant requests to

24 transfer his or her firearm 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

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1 or suspended may petition the court to transfer the

2 defendant'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 defendant. The transferee who receives

5 the defendant's firearm 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 firearm, 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 Illinois

14 State Police along with the defendant's Firearm Owner's

15 Identification Card; the court may, however, forgo the

16 imposition of this condition ~~when the circumstances of the~~

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

18 ~~be impractical~~; each legally possessed firearm shall be

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

20 enforcement agency of the reinstatement of the person's

21 Firearm Owner's Identification Card~~if the Firearm Owner's~~

22 ~~Identification Card is confiscated, the clerk of the~~

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

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

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

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

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

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

3 to a psychological evaluation when the person has been

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

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

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

7 any conveyance owned, leased, or contracted by a school to

8 transport students to or from school or a school-related

9 activity, or on any public way within 1,000 feet of real

10 property comprising any school.

11 Psychological evaluations ordered pursuant to this Section

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

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

14 under these circumstances, the court shall order the defendant

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

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

17 school to transport students to or from school or a

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

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

20 psychological evaluation, either the State or the defendant may

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

22 110-6 of this Code. The court may change the conditions of bail

23 to include a requirement that the defendant follow the

24 recommendations of the psychological evaluation, including

25 undergoing psychiatric treatment. The conclusions of the

26 psychological evaluation and any statements elicited from the

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1 defendant during its administration are not admissible as

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

3 offense, unless the defendant places his or her mental

4 competency in issue.

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

6 following, if the court finds that such conditions are

7 reasonably necessary to assure the defendant's appearance in

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

9 defendant's unlawful interference with the orderly

10 administration of justice:

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

12 agency as the court may direct;

13 (2) Refrain from possessing a firearm or other

14 dangerous weapon;

15 (3) Refrain from approaching or communicating with

16 particular persons or classes of persons;

17 (4) Refrain from going to certain described

18 geographical areas or premises;

19 (5) Refrain from engaging in certain activities or

20 indulging in intoxicating liquors or in certain drugs;

21 (6) Undergo treatment for drug addiction or

22 alcoholism;

23 (7) Undergo medical or psychiatric treatment;

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

25 training;

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

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1 court;

2 (10) Support his or her dependents;

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

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

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

6 support at home or in a foster home;

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

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

9 organization agreeing to supervise his release. Such third

10 party custodian shall be responsible for notifying the

11 court if the defendant fails to observe the conditions of

12 release which the custodian has agreed to monitor, and

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

14 notify the court;

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

16 Services Agency, Probation Department or Court Services

17 Department in a pretrial bond home supervision capacity

18 with or without the use of an approved electronic

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

20 Unified Code of Corrections;

21 (14.1) The court shall impose upon a defendant who is

22 charged with any alcohol, cannabis, methamphetamine, or

23 controlled substance violation and is placed under direct

24 supervision of the Pretrial Services Agency, Probation

25 Department or Court Services Department in a pretrial bond

26 home supervision capacity with the use of an approved

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

2 that represents costs incidental to the electronic

3 monitoring for each day of such bail supervision ordered by

4 the court, unless after determining the inability of the

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

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

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

8 administrative order of the Chief Judge of the circuit

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

10 collected from this fee to the county treasurer for deposit

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

12 of the Counties Code, except as provided in an

13 administrative order of the Chief Judge of the circuit

14 court.

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

16 by administrative order establish a program for electronic

17 monitoring of offenders with regard to drug-related and

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

19 monitors the operation of the electronic monitoring

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

21 program shall include provisions for indigent offenders

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

23 unduly burden the offender and shall be subject to review

24 by the Chief Judge.

25 The Chief Judge of the circuit court may suspend any

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

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1 damage to any device;

2 (14.2) The court shall impose upon all defendants,

3 including those defendants subject to paragraph (14.1)

4 above, placed under direct supervision of the Pretrial

5 Services Agency, Probation Department or Court Services

6 Department in a pretrial bond home supervision capacity

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

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

9 costs incidental to such electronic monitoring for each day

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

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

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

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

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

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

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

17 county treasurer who shall use the monies collected to

18 defray the costs of corrections. The county treasurer shall

19 deposit the fee collected in the county working cash fund

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

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

22 administrative order of the Chief Judge of the circuit

23 court.

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

25 by administrative order establish a program for electronic

26 monitoring of offenders with regard to drug-related and

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

2 monitors the operation of the electronic monitoring

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

4 program shall include provisions for indigent offenders

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

6 unduly burden the offender and shall be subject to review

7 by the Chief Judge.

8 The Chief Judge of the circuit court may suspend any

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

10 damage to any device;

11 (14.3) The Chief Judge of the Judicial Circuit may

12 establish reasonable fees to be paid by a person receiving

13 pretrial services while under supervision of a pretrial

14 services agency, probation department, or court services

15 department. Reasonable fees may be charged for pretrial

16 services including, but not limited to, pretrial

17 supervision, diversion programs, electronic monitoring,

18 victim impact services, drug and alcohol testing, DNA

19 testing, GPS electronic monitoring, assessments and

20 evaluations related to domestic violence and other

21 victims, and victim mediation services. The person

22 receiving pretrial services may be ordered to pay all costs

23 incidental to pretrial services in accordance with his or

24 her ability to pay those costs;

25 (14.4) For persons charged with violating Section

26 11-501 of the Illinois Vehicle Code, refrain from operating

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1 a motor vehicle not equipped with an ignition interlock

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

3 Vehicle Code, pursuant to the rules promulgated by the

4 Secretary of State for the installation of ignition

5 interlock devices. Under this condition the court may allow

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

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

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

9 defendant's employment;

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

11 of protection issued by the court under the Illinois

12 Domestic Violence Act of 1986 or an order of protection

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

14 States territory;

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

16 of the drug testing program; and

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

18 impose.

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

20 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

21 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the

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

23 18 years of age living in the same household with the defendant

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

25 defendant on his own recognizance, the judge shall impose

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

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

2 will:

3 1. Vacate the household.

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

5 3. Refrain from contact or communication with the child

6 victim, except as ordered by the court.

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

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

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

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

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

12 the restrictions shall include requirements that the defendant

13 do the following:

14 (1) refrain from contact or communication with the

15 victim for a minimum period of 72 hours following the

16 defendant's release; and

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

18 residence for a minimum period of 72 hours following the

19 defendant's release.

20 (e) Local law enforcement agencies shall develop

21 standardized bond forms for use in cases involving family or

22 household members as defined in Article 112A, including

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

24 Failure of any law enforcement department to develop or use

25 those forms shall in no way limit the applicability and

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

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

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

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

4 hereof:

5 (1) Duly prosecute his appeal;

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

7 direct;

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

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

10 court may impose; and

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

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

13 officer from whose custody he was bailed.

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

15 defendant shall physically surrender, at a time and place

16 designated by the court, each firearm in his or her possession

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

18 custody of and impound the firearm and physically surrender his

19 or her Firearm Owner's Identification Card to the law

20 enforcement agency as a condition of remaining on bond pending

21 sentencing, unless the defendant requests to transfer his or

22 her firearm under Section 9.5 of the Firearm Owners

23 Identification Card Act first. A defendant whose Firearm

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

25 petition the court to transfer the defendant's firearm to a

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

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1 person does not reside at the same address as the defendant.

2 The transferee who receives the defendant's firearm must swear

3 or affirm by affidavit that he or she shall not transfer the

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

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

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

7 enforcement agency, upon transfer of the firearm, shall require

8 the defendant to complete a Firearm Disposition Record under

9 Section 9.5 of the Firearm Owners Identification Card Act and

10 provide a copy to the Illinois State Police along with the

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

12 ~~shall physically surrender, at a time and place designated by~~

13 ~~the court, any and all firearms in his or her possession and~~

14 ~~his or her Firearm Owner's Identification Card~~ as a condition

15 of remaining on bond pending sentencing.

16 (h) In the event the defendant is unable to post bond, the

17 court may impose a no contact provision with the victim or

18 other interested party that shall be enforced while the

19 defendant remains in custody.

20 (i) Upon indictment for any felony offense, the defendant

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

22 the court, each firearm in his or her possession to a law

23 enforcement officer designated by the court to take custody of

24 and impound the firearm and physically surrender his or her

25 Firearm Owner's Identification Card to the law enforcement

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

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1 unless the defendant requests to transfer his or her firearm

2 under Section 9.5 of the Firearm Owners Identification Card Act

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

4 has been revoked or suspended may petition the court to

5 transfer the defendant's firearm to a person who is lawfully

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

7 the same address as the defendant. The transferee who receives

8 the defendant's firearm must swear or affirm by affidavit that

9 he or she shall not transfer the firearm to the defendant or to

10 anyone residing in the same residence as the defendant, until

11 the defendant's Firearm Owner's Identification Card has been

12 reinstated. The law enforcement agency upon transfer of the

13 firearm shall require the defendant to complete a Firearm

14 Disposition Record under Section 9.5 of the Firearm Owners

15 Identification Card Act and provide a copy to the Illinois

16 State Police along with the defendant's Firearm Owner's

17 Identification Card. Each legally possessed firearm shall be

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

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

20 Owner's Identification Card.

21 (Source: P.A. 101-138, eff. 1-1-20.)

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

23 changing Section 5-6-3 as follows:

24 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)

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

2 discharge.

3 (a) The conditions of probation and of conditional

4 discharge shall be that the person:

5 (1) not violate any criminal statute of any

6 jurisdiction;

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

8 agency as directed by the court;

9 (3) refrain from possessing a firearm or other

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

11 misdemeanor, the offense involved the intentional or

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

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

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

15 absence is of such an emergency nature that prior consent

16 by the court is not possible, without the prior

17 notification and approval of the person's probation

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

19 discharge supervision to another state is subject to

20 acceptance by the other state pursuant to the Interstate

21 Compact for Adult Offender Supervision;

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

23 home or elsewhere to the extent necessary to discharge his

24 duties;

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

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

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1 community service is available in the jurisdiction and is

2 funded and approved by the county board where the offense

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

4 furtherance of the criminal activities of an organized gang

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

6 allegiance to an organized gang. The community service

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

8 repair of any damage caused by a violation of Section

9 21-1.3 of the Criminal Code of 1961 or the Criminal Code of

10 2012 and similar damage to property located within the

11 municipality or county in which the violation occurred.

12 When possible and reasonable, the community service should

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

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

15 to it in Section 10 of the Illinois Streetgang Terrorism

16 Omnibus Prevention Act. The court may give credit toward

17 the fulfillment of community service hours for

18 participation in activities and treatment as determined by

19 court services;

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

21 been sentenced to probation or conditional discharge for a

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

23 inhabitants and has not been previously convicted of a

24 misdemeanor or felony, may be required by the sentencing

25 court to attend educational courses designed to prepare the

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

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1 high school diploma or to work toward passing high school

2 equivalency testing or to work toward completing a

3 vocational training program approved by the court. The

4 person on probation or conditional discharge must attend a

5 public institution of education to obtain the educational

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

7 court shall revoke the probation or conditional discharge

8 of a person who wilfully fails to comply with this

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

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

11 educational courses or high school equivalency testing if a

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

13 shall resentence the offender whose probation or

14 conditional discharge has been revoked as provided in

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

16 person who has a high school diploma or has successfully

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

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

19 to be a person with a developmental disability or otherwise

20 mentally incapable of completing the educational or

21 vocational program;

22 (8) if convicted of possession of a substance

23 prohibited by the Cannabis Control Act, the Illinois

24 Controlled Substances Act, or the Methamphetamine Control

25 and Community Protection Act after a previous conviction or

26 disposition of supervision for possession of a substance

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1 prohibited by the Cannabis Control Act or Illinois

2 Controlled Substances Act or after a sentence of probation

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

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

5 the Methamphetamine Control and Community Protection Act

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

7 addicted, undergo treatment at a substance abuse program

8 approved by the court;

9 (8.5) if convicted of a felony sex offense as defined

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

11 undergo and successfully complete sex offender treatment

12 by a treatment provider approved by the Board and conducted

13 in conformance with the standards developed under the Sex

14 Offender Management Board Act;

15 (8.6) if convicted of a sex offense as defined in the

16 Sex Offender Management Board Act, refrain from residing at

17 the same address or in the same condominium unit or

18 apartment unit or in the same condominium complex or

19 apartment complex with another person he or she knows or

20 reasonably should know is a convicted sex offender or has

21 been placed on supervision for a sex offense; the

22 provisions of this paragraph do not apply to a person

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

24 Corrections licensed transitional housing facility for sex

25 offenders;

26 (8.7) if convicted for an offense committed on or after

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

2 would qualify the accused as a child sex offender as

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

4 1961 or the Criminal Code of 2012, refrain from

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

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

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

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

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

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

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

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

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

14 or adopted child of the accused;

15 (8.8) if convicted for an offense under Section 11-6,

16 11-9.1, 11-14.4 that involves soliciting for a juvenile

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

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

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

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

21 95-983):

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

23 device with Internet capability without the prior

24 written approval of the offender's probation officer,

25 except in connection with the offender's employment or

26 search for employment with the prior approval of the

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1 offender's probation officer;

2 (ii) submit to periodic unannounced examinations

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

4 Internet capability by the offender's probation

5 officer, a law enforcement officer, or assigned

6 computer or information technology specialist,

7 including the retrieval and copying of all data from

8 the computer or device and any internal or external

9 peripherals and removal of such information,

10 equipment, or device to conduct a more thorough

11 inspection;

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

13 computer or device with Internet capability, at the

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

15 systems to monitor the Internet use; and

16 (iv) submit to any other appropriate restrictions

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

18 computer or any other device with Internet capability

19 imposed by the offender's probation officer;

20 (8.9) if convicted of a sex offense as defined in the

21 Sex Offender Registration Act committed on or after January

22 1, 2010 (the effective date of Public Act 96-262), refrain

23 from accessing or using a social networking website as

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

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

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

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1 12-3.5 of the Criminal Code of 1961 or the Criminal Code of

2 2012 that was determined, pursuant to Section 112A-11.1 of

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

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

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

6 court, each firearm in his or her possession to a law

7 enforcement officer designated by the court to take custody

8 of and impound the firearm and physically surrender his or

9 her Firearm Owner's Identification Card to the law

10 enforcement agency as a condition of remaining on bond

11 pending sentencing, unless the defendant requests to

12 transfer his or her firearm under Section 9.5 of the

13 Firearm Owners Identification Card Act first. A defendant

14 whose Firearm Owner's Identification Card has been revoked

15 or suspended may petition the court to transfer the

16 defendant's firearm to a person who is lawfully able to

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

18 same address as the defendant. The transferee who receives

19 the defendant's firearm must swear or affirm by affidavit

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

21 defendant or to anyone residing in the same residence as

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

23 Identification Card has been reinstated. The law

24 enforcement agency, upon transfer of the firearm, shall

25 require the defendant to complete a Firearm Disposition

26 Record under Section 9.5 of the Firearm Owners

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1 Identification Card Act and provide a copy to the Illinois

2 State Police along with the defendant's Firearm Owner's

3 Identification Card ~~physically surrender at a time and~~

4 ~~place designated by the court, his or her Firearm Owner's~~

5 ~~Identification Card and any and all firearms in his or her~~

6 ~~possession. The Court shall return to the Department of~~

7 ~~State Police Firearm Owner's Identification Card Office~~

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

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

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

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

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

13 are present, not participate in a holiday event involving

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

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

16 Claus costume on or preceding Christmas, being employed as

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

18 costume on or preceding Easter;

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

20 Section 2 of the Sex Offender Registration Act committed on

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

22 96-362) that requires the person to register as a sex

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

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

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

26 Control and Community Protection Act, the Methamphetamine

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1 Precursor Control Act, or a methamphetamine related

2 offense:

3 (A) prohibited from purchasing, possessing, or

4 having under his or her control any product containing

5 pseudoephedrine unless prescribed by a physician; and

6 (B) prohibited from purchasing, possessing, or

7 having under his or her control any product containing

8 ammonium nitrate; ~~and~~

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

10 protected class identified in subsection (a) of Section

11 12-7.1 of the Criminal Code of 2012 that gave rise to the

12 offense the offender committed, perform public or

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

14 an educational program discouraging hate crimes that

15 includes racial, ethnic, and cultural sensitivity training

16 ordered by the court; ~~.~~

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

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

19 court, each firearm in his or her possession to a law

20 enforcement officer designated by the court to take custody

21 of and impound the firearm and physically surrender his or

22 her Firearm Owner's Identification Card to the law

23 enforcement agency as a condition of remaining on bond

24 pending sentencing, unless the defendant requests to

25 transfer his or her firearm under Section 9.5 of the

26 Firearm Owners Identification Card Act first. A defendant

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1 whose Firearm Owner's Identification Card has been revoked

2 or suspended may petition the court to transfer the

3 defendant's firearm to a person who is lawfully able to

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

5 same address as the defendant. The transferee who receives

6 the defendant's firearm must swear or affirm by affidavit

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

8 defendant or to anyone residing in the same residence as

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

10 Identification Card has been reinstated. The law

11 enforcement agency, upon transfer of the firearm, shall

12 require the defendant to complete a Firearm Disposition

13 Record under Section 9.5 of the Firearm Owners

14 Identification Card Act and provide a copy to the Illinois

15 State Police along with the defendant's Firearm Owner's

16 Identification Card; and

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

18 been convicted of a misdemeanor offense other than a

19 traffic offense, the defendant shall physically surrender,

20 at a time and place designated by the court, each firearm

21 in his or her possession to a law enforcement officer

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

23 firearm and physically surrender his or her Firearm Owner's

24 Identification Card to the law enforcement agency as a

25 condition of remaining on bond pending sentencing, unless

26 the defendant requests to transfer his or her firearm under

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1 Section 9.5 of the Firearm Owners Identification Card Act

2 first. A defendant whose Firearm Owner's Identification

3 Card has been revoked or suspended may petition the court

4 to transfer the defendant's firearm to a person who is

5 lawfully able to possess the firearm if the person does not

6 reside at the same address as the defendant. The transferee

7 who receives the defendant's firearm must swear or affirm

8 by affidavit that he or she shall not transfer the firearm

9 to the defendant or to anyone residing in the same

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

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

12 enforcement agency, upon transfer of the firearm, shall

13 require the defendant to complete a Firearm Disposition

14 Record under Section 9.5 of the Firearm Owners

15 Identification Card Act and provide a copy to the Illinois

16 State Police along with the defendant's Firearm Owner's

17 Identification Card.

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

19 conditions relating to the nature of the offense or the

20 rehabilitation of the defendant as determined for each

21 defendant in the proper discretion of the Court require that

22 the person:

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

24 7 for a period not to exceed that specified in paragraph

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

26 (2) pay a fine and costs;

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

2 training;

3 (4) undergo medical, psychological or psychiatric

4 treatment; or treatment for drug addiction or alcoholism;

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

6 instruction or residence of defendants on probation;

7 (6) support his dependents;

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

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

10 (ii) attend school;

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

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

13 foster home;

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

15 facility, attend an educational program at a facility

16 other than the school in which the offense was

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

18 violence as defined in Section 2 of the Crime Victims

19 Compensation Act committed in a school, on the real

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

21 the real property comprising a school;

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

23 this Code;

24 (9) perform some reasonable public or community

25 service;

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

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1 any other applicable condition of probation or conditional

2 discharge, the conditions of home confinement shall be that

3 the offender:

4 (i) remain within the interior premises of the

5 place designated for his confinement during the hours

6 designated by the court;

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

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

9 time for purposes of verifying the offender's

10 compliance with the conditions of his confinement; and

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

12 the Probation or Court Services Department, be placed

13 on an approved electronic monitoring device, subject

14 to Article 8A of Chapter V;

15 (iv) for persons convicted of any alcohol,

16 cannabis or controlled substance violation who are

17 placed on an approved monitoring device as a condition

18 of probation or conditional discharge, the court shall

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

20 device, as established by the county board in

21 subsection (g) of this Section, unless after

22 determining the inability of the offender to pay the

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

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

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

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

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1 circuit court, except as provided in an administrative

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

3 clerk of the circuit court shall pay all monies

4 collected from this fee to the county treasurer for

5 deposit in the substance abuse services fund under

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

7 provided in an administrative order of the Chief Judge

8 of the circuit court.

9 The Chief Judge of the circuit court of the county

10 may by administrative order establish a program for

11 electronic monitoring of offenders, in which a vendor

12 supplies and monitors the operation of the electronic

13 monitoring device, and collects the fees on behalf of

14 the county. The program shall include provisions for

15 indigent offenders and the collection of unpaid fees.

16 The program shall not unduly burden the offender and

17 shall be subject to review by the Chief Judge.

18 The Chief Judge of the circuit court may suspend

19 any additional charges or fees for late payment,

20 interest, or damage to any device; and

21 (v) for persons convicted of offenses other than

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

23 placed on an approved monitoring device as a condition

24 of probation or conditional discharge, the court shall

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

26 device, as established by the county board in

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1 subsection (g) of this Section, unless after

2 determining the inability of the defendant to pay the

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

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

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

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

7 circuit court, except as provided in an administrative

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

9 clerk of the circuit court shall pay all monies

10 collected from this fee to the county treasurer who

11 shall use the monies collected to defray the costs of

12 corrections. The county treasurer shall deposit the

13 fee collected in the probation and court services fund.

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

15 by administrative order establish a program for

16 electronic monitoring of offenders, in which a vendor

17 supplies and monitors the operation of the electronic

18 monitoring device, and collects the fees on behalf of

19 the county. The program shall include provisions for

20 indigent offenders and the collection of unpaid fees.

21 The program shall not unduly burden the offender and

22 shall be subject to review by the Chief Judge.

23 The Chief Judge of the circuit court may suspend

24 any additional charges or fees for late payment,

25 interest, or damage to any device.

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

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1 of protection issued by the court pursuant to the Illinois

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

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

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

5 order of protection shall be transmitted to the probation

6 officer or agency having responsibility for the case;

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

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

9 for any reasonable expenses incurred by the program on the

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

11 fine authorized for the offense for which the defendant was

12 sentenced;

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

14 exceed the maximum amount of the fine authorized for the

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

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

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

18 the jurisdiction of the Department of Natural Resources, to

19 the fund established by the Department of Natural Resources

20 for the purchase of evidence for investigation purposes and

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

22 the Department of Natural Resources (Conservation) Law;

23 (14) refrain from entering into a designated

24 geographic area except upon such terms as the court finds

25 appropriate. Such terms may include consideration of the

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

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1 accompanying the defendant, and advance approval by a

2 probation officer, if the defendant has been placed on

3 probation or advance approval by the court, if the

4 defendant was placed on conditional discharge;

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

6 indirectly, with certain specified persons or particular

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

8 street gangs and drug users or dealers;

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

10 presence of any illicit drug prohibited by the Cannabis

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

12 Methamphetamine Control and Community Protection Act,

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

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

15 presence of any illicit drug;

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

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

18 would qualify the accused as a child sex offender as

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

20 1961 or the Criminal Code of 2012, refrain from

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

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

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

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

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

26 2012; and a person is related to the accused if the person

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LRB101 17545 RLC 66963 b

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

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

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

4 the accused;

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

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

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

8 Offender Registration Act:

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

10 device with Internet capability without the prior

11 written approval of the offender's probation officer,

12 except in connection with the offender's employment or

13 search for employment with the prior approval of the

14 offender's probation officer;

15 (ii) submit to periodic unannounced examinations

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

17 Internet capability by the offender's probation

18 officer, a law enforcement officer, or assigned

19 computer or information technology specialist,

20 including the retrieval and copying of all data from

21 the computer or device and any internal or external

22 peripherals and removal of such information,

23 equipment, or device to conduct a more thorough

24 inspection;

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

26 computer or device with Internet capability, at the

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LRB101 17545 RLC 66963 b

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

2 systems to monitor the Internet use; and

3 (iv) submit to any other appropriate restrictions

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

5 computer or any other device with Internet capability

6 imposed by the offender's probation officer; and

7 (19) refrain from possessing a firearm or other

8 dangerous weapon where the offense is a misdemeanor that

9 did not involve the intentional or knowing infliction of

10 bodily harm or threat of bodily harm.

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

12 conditional discharge require that a person under 18 years of

13 age found guilty of any alcohol, cannabis or controlled

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

15 during the period of probation or conditional discharge. If

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

17 may require that the minor refrain from driving or operating

18 any motor vehicle during the period of probation or conditional

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

20 minor's lawful employment.

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

22 discharge shall be given a certificate setting forth the

23 conditions thereof.

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

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

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

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1 condition of the sentence of probation or conditional discharge

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

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

4 periods of confinement given pursuant to a sentence of county

5 impact incarceration under Section 5-8-1.2.

6 Persons committed to imprisonment as a condition of

7 probation or conditional discharge shall not be committed to

8 the Department of Corrections.

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

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

11 incarceration program under Article 8 with a sentence of

12 probation or conditional discharge.

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

14 discharge and who during the term of either undergoes mandatory

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

16 on an approved electronic monitoring device, shall be ordered

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

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

19 electronic monitoring in accordance with the defendant's

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

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

22 the county is located shall establish reasonable fees for the

23 cost of maintenance, testing, and incidental expenses related

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

25 costs incidental to approved electronic monitoring, involved

26 in a successful probation program for the county. The

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

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

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

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

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

6 the county treasurer who shall use the moneys collected to

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

8 electronic monitoring. The county treasurer shall deposit the

9 fees collected in the county working cash fund under Section

10 6-27001 or Section 6-29002 of the Counties Code, as the case

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

12 by administrative order establish a program for electronic

13 monitoring of offenders, in which a vendor supplies and

14 monitors the operation of the electronic monitoring device, and

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

16 include provisions for indigent offenders and the collection of

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

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

19 The Chief Judge of the circuit court may suspend any

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

21 damage to any device.

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

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

24 concurrence of both courts. Further transfers or retransfers of

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

26 to which jurisdiction has been transferred shall have the same

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1 powers as the sentencing court. The probation department within

2 the circuit to which jurisdiction has been transferred, or

3 which has agreed to provide supervision, may impose probation

4 fees upon receiving the transferred offender, as provided in

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

6 9b of the Probation and Probation Officers Act, the probation

7 department from the original sentencing court shall retain all

8 probation fees collected prior to the transfer. After the

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

10 department within the circuit to which jurisdiction has been

11 transferred.

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

13 probation after January 1, 1989 or to conditional discharge

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

15 supervision of a probation or court services department after

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

17 conditional discharge or supervised community service, a fee of

18 $50 for each month of probation or conditional discharge

19 supervision or supervised community service ordered by the

20 court, unless after determining the inability of the person

21 sentenced to probation or conditional discharge or supervised

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

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

24 in the guardianship or custody of the Department of Children

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

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

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1 an offender who is actively supervised by the probation and

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

3 clerk of the circuit court. The clerk of the circuit court

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

5 treasurer for deposit in the probation and court services fund

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

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

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

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

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

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

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

13 services to crime victims and their families.

14 The Court may only waive probation fees based on an

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

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

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

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

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

20 offender that has been assigned to the supervision of a

21 probation department, or has been transferred either under

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

23 shall be required to pay probation fees to the department

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

25 pay.

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

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

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

3 General Assembly that retains or incorporates that fee

4 increase.

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

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

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

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

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

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

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

12 treatment, assessment, evaluation for risk and treatment, and

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

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

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

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

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

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

19 provision of a local ordinance, shall be collected and

20 disbursed by the circuit clerk as provided under the Criminal

21 and Traffic Assessment Act.

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

23 conditional discharge for a felony sex offense as defined in

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

25 court or probation department has determined to be sexually

26 motivated as defined in the Sex Offender Management Board Act

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

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

3 be available for all evaluations and treatment programs

4 required by the court or the probation department.

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

6 probation or conditional discharge for a violation of an order

7 of protection be placed under electronic surveillance as

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

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

10 100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff.

11 1-8-18; 100-987, eff. 7-1-19; revised 7-12-19.)

12 Section 99. Effective date. This Act takes effect upon

13 becoming law.

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INDEX

Statutes amended in order of appearance