102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3039

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Attorneys and the Attorney General to capture a report of persons whose Firearm Owner's Identification Cards have been revoked or suspended.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that the Illinois State Police shall include in the report the reason the person's Firearm Owner's Identification Card was revoked or suspended.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

9 exempt 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

19 records 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

21 local emergency energy plan ordinance that is adopted

22 under 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

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

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

17 if the prosecution chooses not to pursue the death penalty

18 prior 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

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

12 from the Illinois Health Information Exchange, and

13 identified or deidentified health information in the form

14 of health data and medical records of the Illinois Health

15 Information Exchange in the possession of the Illinois

16 Health Information Exchange Office due to its

17 administration of the Illinois Health Information

18 Exchange. The terms "identified" and "deidentified" shall

19 be given the same meaning as in the Health Insurance

20 Portability and Accountability Act of 1996, Public Law

21 104-191, or any subsequent amendments thereto, and any

22 regulations 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

7 Carry Licensing Review Board under the Firearm Concealed

8 Carry 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

22 an 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

26 and 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

14 prohibited from disclosure under the First Responders

15 Suicide 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

4 Act.

5 (uu) Information that is exempt from disclosure under

6 Section 50 of the Sexual Assault Evidence Submission Act.

7 (vv) Information that is exempt from disclosure under

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

9 Public Aid Code.

10 (ww) Information that is exempt from disclosure under

11 Section 16.8 of the State Treasurer Act.

12 (xx) Information that is exempt from disclosure or

13 information that shall not be made public under the

14 Illinois Insurance Code.

15 (yy) Information prohibited from being disclosed under

16 the Illinois Educational Labor Relations Act.

17 (zz) Information prohibited from being disclosed under

18 the Illinois Public Labor Relations Act.

19 (aaa) Information prohibited from being disclosed

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

21 (bbb) Records and information exempt from disclosure

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

23 Law of the Civil Administrative Code of Illinois.

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

25 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.

26 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,

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

2 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.

3 6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,

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

5 101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.

6 1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,

7 eff. 7-7-20.)

8 Section 10. The Department of State Police Law of the

9 Civil Administrative Code of Illinois is amended by adding

10 Sections 2605-304 and 2605-615 as follows:

11 (20 ILCS 2605/2605-304 new)

12 Sec. 2605-304. Prohibited persons portal.

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

14 amendatory Act of the 102nd General Assembly, the Illinois

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

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

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

18 persons whose Firearm Owner's Identification Cards have been

19 revoked or suspended. The portal is for law enforcement

20 purposes only.

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

22 the reason the person's Firearm Owner's Identification Card

23 was subject to revocation or suspension, to the extent allowed

24 by law, consistent with Section 8 of the Firearm Owners

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1 Identification Card Act.

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

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

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

5 revoked or suspended Firearm Owner's Identification Card and

6 whether the person has completed a Firearm Disposition Record

7 required under Section 9.5 of the Firearm Owners

8 Identification Card Act.

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

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

11 Identification Card revocation or suspension status, including

12 compliance under Section 9.5 of the Firearm Owners

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

14 Enforcement Agencies Data System.

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

16 disclosure under the Freedom of Information Act.

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

18 implement this Section.

19 (20 ILCS 2605/2605-615 new)

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

21 shall establish a statewide multi-jurisdictional Firearm

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

23 and recover the Firearm Owner's Identification Cards of

24 revoked persons and to enforce Section 9.5 of the Firearm

25 Owner's Identification Card Act.

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

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

3 government, the Task Force shall operate under an

4 intergovernmental agreement entered into with that unit of

5 local government in conformity with the provisions of the

6 Intergovernmental Cooperation Act. Units of local government

7 cooperating with the Task Force shall be reimbursed by the

8 Illinois State Police for expenses incurred in their

9 cooperation with the Task Force.

10 The creation of the Task Force is subject to

11 appropriation.

12 For purposes of this Section:

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

14 Identification Card has been revoked under Section 8 of the

15 Firearm Owners Identification Card Act.

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

17 Section 1 of Article VII of the Illinois Constitution and

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

19 Section 15. The Firearm Owners Identification Card Act is

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

21 Section 8.4 as follows:

22 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)

23 Sec. 3.1. Dial up system.

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

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1 telephone system or utilize other existing technology which

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

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

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

5 Department of State Police may utilize existing technology

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

7 Fees collected by the Department of State Police shall be

8 deposited in the State Police Services Fund and used to

9 provide the service.

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

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

12 Department of State Police shall immediately approve, or

13 within the time period established by Section 24-3 of the

14 Criminal Code of 2012 regarding the delivery of firearms, stun

15 guns, and tasers notify the inquiring dealer, gun show

16 promoter, or gun show vendor of any objection that would

17 disqualify the transferee from acquiring or possessing a

18 firearm, stun gun, or taser. In conducting the inquiry, the

19 Department of State Police shall initiate and complete an

20 automated search of its criminal history record information

21 files and those of the Federal Bureau of Investigation,

22 including the National Instant Criminal Background Check

23 System, and of the files of the Department of Human Services

24 relating to mental health and developmental disabilities to

25 obtain anyprohibiting information ~~felony conviction~~ or

26 patient hospitalization information which would disqualify a

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1 person from obtaining or require revocation of a currently

2 valid Firearm Owner's Identification Card.

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

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

5 Department of State Police shall:

6 (1) assign a unique identification number to the

7 transfer; and

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

9 show vendor with the number.

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

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

12 of issue.

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

14 Illinois Point of Contact for the National Instant Criminal

15 Background Check System.

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

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

18 regarding confidentiality, enter into a memorandum of

19 understanding with the Federal Bureau of Investigation for the

20 purpose of implementing the National Instant Criminal

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

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

23 description of any person prohibited from possessing a firearm

24 pursuant to the Firearm Owners Identification Card Act or 18

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

26 Background Check System Index, Denied Persons Files.

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

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

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

4 Identification Card under Section 8 or Section 8.2 of this

5 Act, and the reason for the disqualification or revocation, to

6 all law enforcement agencies with jurisdiction to assist with

7 the seizure of the person's Firearm Owner's Identification

8 Card.

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

10 inconsistent with this Section to implement this system.

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

12 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

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

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

15 revoke and seize a Firearm Owner's Identification Card

16 previously issued under this Act only if the Department finds

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

18 is or was at the time of issuance:

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

20 convicted of a misdemeanor other than a traffic offense or

21 adjudged delinquent;

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

23 following the effective date of this amendatory Act of the

24 101st General Assembly. A person under 21 years of age who

25 does not have the written consent of his parent or

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1 guardian to acquire and possess firearms and firearm

2 ammunition, or whose parent or guardian has revoked such

3 written consent, or where such parent or guardian does not

4 qualify to have a Firearm Owner's Identification Card;

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

6 181st day following the effective date of this amendatory

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

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

9 States Armed Forces and does not have the written consent

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

11 firearms and firearm ammunition, or whose parent or

12 guardian has revoked such written consent, or where such

13 parent or guardian does not qualify to have a Firearm

14 Owner's Identification Card;

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

16 this or any other jurisdiction;

17 (d) A person addicted to narcotics;

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

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

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

21 who has not received the certification required under

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

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

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

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

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

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

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

3 the treating clinical psychologist or physician, and the

4 officer seeks mental health treatment;

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

6 nature that it poses a clear and present danger to the

7 applicant, any other person or persons or the community;

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

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

10 in the Firearm Owner's Identification Card application;

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

12 States under the laws of the United States;

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

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

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

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

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

18 admitted to the United States under a non-immigrant visa

19 if that alien is:

20 (1) admitted to the United States for lawful

21 hunting or sporting purposes;

22 (2) an official representative of a foreign

23 government who is:

24 (A) accredited to the United States Government

25 or the Government's mission to an international

26 organization having its headquarters in the United

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1 States; or

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

3 which that alien is accredited;

4 (3) an official of a foreign government or

5 distinguished foreign visitor who has been so

6 designated by the Department of State;

7 (4) a foreign law enforcement officer of a

8 friendly foreign government entering the United States

9 on official business; or

10 (5) one who has received a waiver from the

11 Attorney General of the United States pursuant to 18

12 U.S.C. 922(y)(3);

13 (j) (Blank);

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

15 years of battery, assault, aggravated assault, violation

16 of an order of protection, or a substantially similar

17 offense in another jurisdiction, in which a firearm was

18 used or possessed;

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

20 battery, aggravated domestic battery, or a substantially

21 similar offense in another jurisdiction committed before,

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

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

24 previously issued a Firearm Owner's Identification Card

25 under this Act knowingly and intelligently waives the

26 right to have an offense described in this paragraph (l)

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1 tried by a jury, and by guilty plea or otherwise, results

2 in a conviction for an offense in which a domestic

3 relationship is not a required element of the offense but

4 in which a determination of the applicability of 18 U.S.C.

5 922(g)(9) is made under Section 112A-11.1 of the Code of

6 Criminal Procedure of 1963, an entry by the court of a

7 judgment of conviction for that offense shall be grounds

8 for denying an application for and for revoking and

9 seizing a Firearm Owner's Identification Card previously

10 issued to the person under this Act;

11 (m) (Blank);

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

13 possessing firearms or firearm ammunition by any Illinois

14 State statute or by federal law;

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

16 5-520 of the Juvenile Court Act of 1987 alleging that the

17 minor is a delinquent minor for the commission of an

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

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

20 minor under the Juvenile Court Act of 1987 for the

21 commission of an offense that if committed by an adult

22 would be a felony;

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

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

25 Section 4;

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

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1 a mental disability;

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

3 developmental disability;

4 (t) A person involuntarily admitted into a mental

5 health facility; ~~or~~

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

7 Identification Card revoked or denied under subsection (e)

8 of this Section or item (iv) of paragraph (2) of

9 subsection (a) of Section 4 of this Act because he or she

10 was a patient in a mental health facility as provided in

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

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

13 5-year period has lapsed, unless he or she has received a

14 mental health evaluation by a physician, clinical

15 psychologist, or qualified examiner as those terms are

16 defined in the Mental Health and Developmental

17 Disabilities Code, and has received a certification that

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

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

20 or qualified examiner making the certification and his or

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

22 professionally liable for making or not making the

23 certification required under this subsection, except for

24 willful or wanton misconduct. This subsection does not

25 apply to a person whose firearm possession rights have

26 been restored through administrative or judicial action

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1 under Section 10 or 11 of this Act; or ~~.~~

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

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

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

5 of 1975.

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

7 Identification Card, the Department of State Police shall

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

9 person shall comply with Section 9.5 of this Act.

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

11 (430 ILCS 65/8.4 new)

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

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

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

15 federal law from acquiring or possessing a firearm or firearm

16 ammunition and the sole purpose is for an administrative

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

18 to: a person who surrenders his or her Illinois drivers

19 license or Illinois Identification Card to another

20 jurisdiction, death, or in which a person's Firearm Owner's

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

22 The Illinois State Police may adopt rules necessary to

23 implement this Section.

24 (430 ILCS 65/9.5)

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

2 Identification Card.

3 (a) A person who receives a revocation or suspension

4 notice under Section 9 of this Act shall, within 48 hours of

5 receiving notice of the revocation or suspension:

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

7 Identification Card to the local law enforcement agency

8 where the person resides. The local law enforcement agency

9 shall provide the person a receipt and transmit the

10 Firearm Owner's Identification Card to the Department of

11 State Police; and

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

13 prescribed by the Department of State Police and place his

14 or her firearms in the location or with the person

15 reported in the Firearm Disposition Record. The form shall

16 require the person to disclose:

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

18 firearm owned by or under the custody and control of

19 the revoked or suspended person;

20 (B) the location where each firearm will be

21 maintained during the prohibited term; and

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

23 custody of another person, the name, address and

24 Firearm Owner's Identification Card number of the

25 transferee.

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

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

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

3 regarding the unlawful transfer of a firearm;

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

5 it pertains to unlawful transfer of a firearm; and

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

7 firearms until it is determined that the transferor is

8 legally eligible to possess a firearm and has an active

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

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

11 firearms.

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

13 of the Firearm Disposition Record to the person whose Firearm

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

15 transferee, and to the Department of State Police.

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

17 Card has been revoked or suspended fails to comply with the

18 requirements of this Section, the sheriff or law enforcement

19 agency where the person resides may petition the circuit court

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

21 Identification Card and firearms in the possession or under

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

23 Identification Card has been revoked or suspended.

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

25 Class A misdemeanor.

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

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

2 Identification Card has been revoked or suspended constitutes

3 a sufficient basis for the arrest of that person for violation

4 of this Section.

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

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

7 State Police shall provide written notice of the requirements

8 of this Section to persons whose Firearm Owner's

9 Identification Cards have been revoked, suspended, or expired

10 and who have failed to surrender their cards to the

11 Department.

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

13 been revoked or suspended and who received notice under

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

15 Section within 48 hours of receiving notice.

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

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

18 amended by changing Section 110-10 as follows:

19 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)

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

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

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

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

24 or she will:

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

2 jurisdiction on a day certain and thereafter as ordered by

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

4 (2) Submit himself or herself to the orders and

5 process of the court;

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

7 (4) Not violate any criminal statute of any

8 jurisdiction;

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

10 defendant shall physically surrender each firearm in his

11 or her possession to a law enforcement agency designated

12 by the court to take custody of and impound the firearm and

13 physically surrender his or her Firearm Owner's

14 Identification Card to the law enforcement agency as a

15 condition of remaining on bond pending sentencing

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

17 ~~enforcement officer designated by the court to take~~

18 ~~custody of and impound the firearms and physically~~

19 ~~surrender his or her Firearm Owner's Identification Card~~

20 ~~to the clerk of the circuit court~~when the offense the

21 person has been charged with is a forcible felony,

22 stalking, aggravated stalking, domestic battery, any

23 violation of the Illinois Controlled Substances Act, the

24 Methamphetamine Control and Community Protection Act, or

25 the Cannabis Control Act that is classified as a Class 2 or

26 greater felony, or any felony violation of Article 24 of

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

2 unless the defendant requests to transfer his or her

3 firearm under Section 9.5 of the Firearm Owners

4 Identification Card Act first. A defendant whose Firearm

5 Owner's Identification Card has been revoked or suspended

6 may petition the court to transfer the defendant's firearm

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

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

9 defendant. The transferee who receives the defendant's

10 firearm must swear or affirm by affidavit that he or she

11 shall not transfer the firearm to the defendant or to

12 anyone residing in the same residence as the defendant,

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

14 has been reinstated. The law enforcement agency, upon

15 transfer of the firearm, shall require the defendant to

16 complete a Firearm Disposition Record under Section 9.5 of

17 the Firearm Owners Identification Card Act and provide a

18 copy to the Illinois State Police along with the

19 defendant's Firearm Owner's Identification Card; the court

20 may, however, forgo the imposition of this condition~~when~~

21 ~~the circumstances of the case clearly do not warrant it or~~

22 ~~when its imposition would be impractical~~; each legally

23 possessed firearm shall be returned to the person upon

24 proof being provided to the law enforcement agency of the

25 reinstatement of the person's Firearm Owner's

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

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1 ~~Card is confiscated, the clerk of the circuit court shall~~

2 ~~mail the confiscated card to the Illinois State Police;~~

3 ~~all legally possessed firearms shall be returned to the~~

4 ~~person upon the charges being dismissed, or if the person~~

5 ~~is found not guilty, unless the finding of not guilty is by~~

6 ~~reason of insanity~~; and

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

8 submit to a psychological evaluation when the person has

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

10 (a) of Section 24-1 of the Criminal Code of 1961 or the

11 Criminal Code of 2012 and that violation occurred in a

12 school or in any conveyance owned, leased, or contracted

13 by a school to transport students to or from school or a

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

15 feet of real property comprising any school.

16 Psychological evaluations ordered pursuant to this Section

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

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

19 under these circumstances, the court shall order the defendant

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

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

22 school to transport students to or from school or a

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

24 feet of real property comprising any school. Upon receipt of

25 the psychological evaluation, either the State or the

26 defendant may request a change in the conditions of bail,

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1 pursuant to Section 110-6 of this Code. The court may change

2 the conditions of bail to include a requirement that the

3 defendant follow the recommendations of the psychological

4 evaluation, including undergoing psychiatric treatment. The

5 conclusions of the psychological evaluation and any statements

6 elicited from the defendant during its administration are not

7 admissible as evidence of guilt during the course of any trial

8 on the charged offense, unless the defendant places his or her

9 mental competency in issue.

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

11 following, if the court finds that such conditions are

12 reasonably necessary to assure the defendant's appearance in

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

14 defendant's unlawful interference with the orderly

15 administration of justice:

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

17 or agency as the court may direct;

18 (2) Refrain from possessing a firearm or other

19 dangerous weapon;

20 (3) Refrain from approaching or communicating with

21 particular persons or classes of persons;

22 (4) Refrain from going to certain described

23 geographical areas or premises;

24 (5) Refrain from engaging in certain activities or

25 indulging in intoxicating liquors or in certain drugs;

26 (6) Undergo treatment for drug addiction or

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1 alcoholism;

2 (7) Undergo medical or psychiatric treatment;

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

4 training;

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

6 court;

7 (10) Support his or her dependents;

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

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

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

11 support at home or in a foster home;

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

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

14 or organization agreeing to supervise his release. Such

15 third party custodian shall be responsible for notifying

16 the court if the defendant fails to observe the conditions

17 of release which the custodian has agreed to monitor, and

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

19 notify the court;

20 (14) Be placed under direct supervision of the

21 Pretrial Services Agency, Probation Department or Court

22 Services Department in a pretrial bond home supervision

23 capacity with or without the use of an approved electronic

24 monitoring device subject to Article 8A of Chapter V of

25 the Unified Code of Corrections;

26 (14.1) The court shall impose upon a defendant who is

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1 charged with any alcohol, cannabis, methamphetamine, or

2 controlled substance violation and is placed under direct

3 supervision of the Pretrial Services Agency, Probation

4 Department or Court Services Department in a pretrial bond

5 home supervision capacity with the use of an approved

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

7 that represents costs incidental to the electronic

8 monitoring for each day of such bail supervision ordered

9 by the court, unless after determining the inability of

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

11 fee or no fee as the case may be. The fee shall be

12 collected by the clerk of the circuit court, except as

13 provided in an administrative order of the Chief Judge of

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

15 pay all monies collected from this fee to the county

16 treasurer for deposit in the substance abuse services fund

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

18 provided in an administrative order of the Chief Judge of

19 the circuit court.

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

21 by administrative order establish a program for electronic

22 monitoring of offenders with regard to drug-related and

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

24 monitors the operation of the electronic monitoring

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

26 program shall include provisions for indigent offenders

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

2 unduly burden the offender and shall be subject to review

3 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 (14.2) The court shall impose upon all defendants,

8 including those defendants subject to paragraph (14.1)

9 above, placed under direct supervision of the Pretrial

10 Services Agency, Probation Department or Court Services

11 Department in a pretrial bond home supervision capacity

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

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

14 costs incidental to such electronic monitoring for each

15 day of such bail supervision ordered by the court, unless

16 after determining the inability of the defendant to pay

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

18 case may be. The fee shall be collected by the clerk of the

19 circuit court, except as provided in an administrative

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

21 the circuit court shall pay all monies collected from this

22 fee to the county treasurer who shall use the monies

23 collected to defray the costs of corrections. The county

24 treasurer shall deposit the fee collected in the county

25 working cash fund under Section 6-27001 or Section 6-29002

26 of the Counties Code, as the case may be, except as

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1 provided in an administrative order of the Chief Judge of

2 the circuit court.

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

4 by administrative order establish a program for electronic

5 monitoring of offenders with regard to drug-related and

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

7 monitors the operation of the electronic monitoring

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

9 program shall include provisions for indigent offenders

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

11 unduly burden the offender and shall be subject to review

12 by the Chief Judge.

13 The Chief Judge of the circuit court may suspend any

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

15 damage to any device;

16 (14.3) The Chief Judge of the Judicial Circuit may

17 establish reasonable fees to be paid by a person receiving

18 pretrial services while under supervision of a pretrial

19 services agency, probation department, or court services

20 department. Reasonable fees may be charged for pretrial

21 services including, but not limited to, pretrial

22 supervision, diversion programs, electronic monitoring,

23 victim impact services, drug and alcohol testing, DNA

24 testing, GPS electronic monitoring, assessments and

25 evaluations related to domestic violence and other

26 victims, and victim mediation services. The person

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1 receiving pretrial services may be ordered to pay all

2 costs incidental to pretrial services in accordance with

3 his or her ability to pay those costs;

4 (14.4) For persons charged with violating Section

5 11-501 of the Illinois Vehicle Code, refrain from

6 operating a motor vehicle not equipped with an ignition

7 interlock device, as defined in Section 1-129.1 of the

8 Illinois Vehicle Code, pursuant to the rules promulgated

9 by the Secretary of State for the installation of ignition

10 interlock devices. Under this condition the court may

11 allow a defendant who is not self-employed to operate a

12 vehicle owned by the defendant's employer that is not

13 equipped with an ignition interlock device in the course

14 and scope of the defendant's employment;

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

16 of protection issued by the court under the Illinois

17 Domestic Violence Act of 1986 or an order of protection

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

19 States territory;

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

21 of the drug testing program; and

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

23 impose.

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

25 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

26 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the

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

2 18 years of age living in the same household with the defendant

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

4 defendant on his own recognizance, the judge shall impose

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

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

7 will:

8 1. Vacate the household.

9 2. Make payment of temporary support to his

10 dependents.

11 3. Refrain from contact or communication with the

12 child victim, except as ordered by the court.

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

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

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

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

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

18 the restrictions shall include requirements that the defendant

19 do the following:

20 (1) refrain from contact or communication with the

21 victim for a minimum period of 72 hours following the

22 defendant's release; and

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

24 residence for a minimum period of 72 hours following the

25 defendant's release.

26 (e) Local law enforcement agencies shall develop

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1 standardized bond forms for use in cases involving family or

2 household members as defined in Article 112A, including

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

4 Failure of any law enforcement department to develop or use

5 those forms shall in no way limit the applicability and

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

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

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

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

10 (b) hereof:

11 (1) Duly prosecute his appeal;

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

13 direct;

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

15 (4) Comply with such other reasonable conditions as

16 the court may impose; and

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

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

19 officer from whose custody he was bailed.

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

21 defendant shall physically surrender, at a time and place

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

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

24 custody of and impound the firearm and physically surrender

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

26 enforcement agency as a condition of remaining on bond pending

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1 sentencing, unless the defendant requests to transfer his or

2 her firearm under Section 9.5 of the Firearm Owners

3 Identification Card Act first. A defendant whose Firearm

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

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

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

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

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

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

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

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

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

13 enforcement agency, upon transfer of the firearm, shall

14 require the defendant to complete a Firearm Disposition Record

15 under Section 9.5 of the Firearm Owners Identification Card

16 Act and provide a copy to the Illinois State Police along with

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

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

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

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

21 as a condition of remaining on bond pending sentencing.

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

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

24 other interested party that shall be enforced while the

25 defendant remains in custody.

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

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

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

3 enforcement officer designated by the court to take custody of

4 and impound the firearm and physically surrender his or her

5 Firearm Owner's Identification Card to the law enforcement

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

7 unless the defendant requests to transfer his or her firearm

8 under Section 9.5 of the Firearm Owners Identification Card

9 Act first. A defendant whose Firearm Owner's Identification

10 Card has been revoked or suspended may petition the court to

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

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

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

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

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

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

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

18 reinstated. The law enforcement agency upon transfer of the

19 firearm shall require the defendant to complete a Firearm

20 Disposition Record under Section 9.5 of the Firearm Owners

21 Identification Card Act and provide a copy to the Illinois

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

23 Identification Card. Each legally possessed firearm shall be

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

25 enforcement agency of the reinstatement of the person's

26 Firearm Owner's Identification Card.

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

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

3 changing Section 5-6-3 as follows:

4 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)

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

6 discharge.

7 (a) The conditions of probation and of conditional

8 discharge shall be that the person:

9 (1) not violate any criminal statute of any

10 jurisdiction;

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

12 or agency as directed by the court;

13 (3) refrain from possessing a firearm or other

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

15 misdemeanor, the offense involved the intentional or

16 knowing infliction of bodily harm or threat of bodily

17 harm;

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

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

20 absence is of such an emergency nature that prior consent

21 by the court is not possible, without the prior

22 notification and approval of the person's probation

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

24 discharge supervision to another state is subject to

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1 acceptance by the other state pursuant to the Interstate

2 Compact for Adult Offender Supervision;

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

4 home or elsewhere to the extent necessary to discharge his

5 duties;

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

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

8 community service is available in the jurisdiction and is

9 funded and approved by the county board where the offense

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

11 furtherance of the criminal activities of an organized

12 gang and was motivated by the offender's membership in or

13 allegiance to an organized gang. The community service

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

15 repair of any damage caused by a violation of Section

16 21-1.3 of the Criminal Code of 1961 or the Criminal Code of

17 2012 and similar damage to property located within the

18 municipality or county in which the violation occurred.

19 When possible and reasonable, the community service should

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

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

22 to it in Section 10 of the Illinois Streetgang Terrorism

23 Omnibus Prevention Act. The court may give credit toward

24 the fulfillment of community service hours for

25 participation in activities and treatment as determined by

26 court services;

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

2 been sentenced to probation or conditional discharge for a

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

4 inhabitants and has not been previously convicted of a

5 misdemeanor or felony, may be required by the sentencing

6 court to attend educational courses designed to prepare

7 the defendant for a high school diploma and to work toward

8 a high school diploma or to work toward passing high

9 school equivalency testing or to work toward completing a

10 vocational training program approved by the court. The

11 person on probation or conditional discharge must attend a

12 public institution of education to obtain the educational

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

14 court shall revoke the probation or conditional discharge

15 of a person who wilfully fails to comply with this

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

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

18 educational courses or high school equivalency testing if

19 a fee is charged for those courses or testing. The court

20 shall resentence the offender whose probation or

21 conditional discharge has been revoked as provided in

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

23 person who has a high school diploma or has successfully

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

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

26 to be a person with a developmental disability or

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1 otherwise mentally incapable of completing the educational

2 or vocational program;

3 (8) if convicted of possession of a substance

4 prohibited by the Cannabis Control Act, the Illinois

5 Controlled Substances Act, or the Methamphetamine Control

6 and Community Protection Act after a previous conviction

7 or disposition of supervision for possession of a

8 substance prohibited by the Cannabis Control Act or

9 Illinois Controlled Substances Act or after a sentence of

10 probation under Section 10 of the Cannabis Control Act,

11 Section 410 of the Illinois Controlled Substances Act, or

12 Section 70 of the Methamphetamine Control and Community

13 Protection Act and upon a finding by the court that the

14 person is addicted, undergo treatment at a substance abuse

15 program approved by the court;

16 (8.5) if convicted of a felony sex offense as defined

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

18 undergo and successfully complete sex offender treatment

19 by a treatment provider approved by the Board and

20 conducted in conformance with the standards developed

21 under the Sex Offender Management Board Act;

22 (8.6) if convicted of a sex offense as defined in the

23 Sex Offender Management Board Act, refrain from residing

24 at the same address or in the same condominium unit or

25 apartment unit or in the same condominium complex or

26 apartment complex with another person he or she knows or

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1 reasonably should know is a convicted sex offender or has

2 been placed on supervision for a sex offense; the

3 provisions of this paragraph do not apply to a person

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

5 Corrections licensed transitional housing facility for sex

6 offenders;

7 (8.7) if convicted for an offense committed on or

8 after June 1, 2008 (the effective date of Public Act

9 95-464) that would qualify the accused as a child sex

10 offender as defined in Section 11-9.3 or 11-9.4 of the

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

12 refrain from communicating with or contacting, by means of

13 the Internet, a person who is not related to the accused

14 and whom the accused reasonably believes to be under 18

15 years of age; for purposes of this paragraph (8.7),

16 "Internet" has the meaning ascribed to it in Section

17 16-0.1 of the Criminal Code of 2012; and a person is not

18 related to the accused if the person is not: (i) the

19 spouse, brother, or sister of the accused; (ii) a

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

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

22 the accused;

23 (8.8) if convicted for an offense under Section 11-6,

24 11-9.1, 11-14.4 that involves soliciting for a juvenile

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

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

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

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

3 95-983):

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

5 device with Internet capability without the prior

6 written approval of the offender's probation officer,

7 except in connection with the offender's employment or

8 search for employment with the prior approval of the

9 offender's probation officer;

10 (ii) submit to periodic unannounced examinations

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

12 Internet capability by the offender's probation

13 officer, a law enforcement officer, or assigned

14 computer or information technology specialist,

15 including the retrieval and copying of all data from

16 the computer or device and any internal or external

17 peripherals and removal of such information,

18 equipment, or device to conduct a more thorough

19 inspection;

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

21 computer or device with Internet capability, at the

22 offender's expense, of one or more hardware or

23 software systems to monitor the Internet use; and

24 (iv) submit to any other appropriate restrictions

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

26 computer or any other device with Internet capability

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1 imposed by the offender's probation officer;

2 (8.9) if convicted of a sex offense as defined in the

3 Sex Offender Registration Act committed on or after

4 January 1, 2010 (the effective date of Public Act 96-262),

5 refrain from accessing or using a social networking

6 website as defined in Section 17-0.5 of the Criminal Code

7 of 2012;

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

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

10 12-3.5 of the Criminal Code of 1961 or the Criminal Code of

11 2012 that was determined, pursuant to Section 112A-11.1 of

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

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

14 physically surrender, at a time and place designated by

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

16 enforcement officer designated by the court to take

17 custody of and impound the firearm and physically

18 surrender his or her Firearm Owner's Identification Card

19 to the law enforcement agency as a condition of remaining

20 on bond pending sentencing, unless the defendant requests

21 to transfer his or her firearm under Section 9.5 of the

22 Firearm Owners Identification Card Act first. A defendant

23 whose Firearm Owner's Identification Card has been revoked

24 or suspended may petition the court to transfer the

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

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

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1 same address as the defendant. The transferee who receives

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

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

4 defendant or to anyone residing in the same residence as

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

6 Identification Card has been reinstated. The law

7 enforcement agency, upon transfer of the firearm, shall

8 require the defendant to complete a Firearm Disposition

9 Record under Section 9.5 of the Firearm Owners

10 Identification Card Act and provide a copy to the Illinois

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

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

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

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

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

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

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

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

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

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

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

22 minors are present, not participate in a holiday event

23 involving children under 18 years of age, such as

24 distributing candy or other items to children on

25 Halloween, wearing a Santa Claus costume on or preceding

26 Christmas, being employed as a department store Santa

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1 Claus, or wearing an Easter Bunny costume on or preceding

2 Easter;

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

4 Section 2 of the Sex Offender Registration Act committed

5 on or after January 1, 2010 (the effective date of Public

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

7 offender under that Act, may not knowingly use any

8 computer scrub software on any computer that the sex

9 offender uses;

10 (12) if convicted of a violation of the

11 Methamphetamine Control and Community Protection Act, the

12 Methamphetamine Precursor Control Act, or a

13 methamphetamine related 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

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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

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

5 enforcement officer designated by the court to take

6 custody of and impound the firearm and physically

7 surrender his or her Firearm Owner's Identification Card

8 to the law enforcement agency as a condition of remaining

9 on bond pending sentencing, unless the defendant requests

10 to transfer his or her firearm 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 defendant'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 defendant. The transferee who receives

17 the defendant's firearm 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 firearm, 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 Illinois

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

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1 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, each firearm

6 in his or her possession to a law enforcement officer

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

8 firearm 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 firearm 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 defendant'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 defendant. The transferee who receives the defendant's

19 firearm 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 firearm, 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

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1 copy to the Illinois State Police along with the

2 defendant's 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

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

10 paragraph (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

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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

14 that 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,

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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.

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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

25 fund. The Chief Judge of the circuit court of the

26 county may by administrative order establish a program

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1 for electronic monitoring of offenders, in which a

2 vendor supplies and monitors the operation of the

3 electronic monitoring device, and collects the fees on

4 behalf of the county. The program shall include

5 provisions for indigent offenders and the collection

6 of unpaid fees. The program shall not unduly burden

7 the offender and shall be subject to review by the

8 Chief Judge.

9 The Chief Judge of the circuit court may suspend

10 any additional charges or fees for late payment,

11 interest, or damage to any device.

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

13 of protection issued by the court pursuant to the Illinois

14 Domestic Violence Act of 1986, as now or hereafter

15 amended, or an order of protection issued by the court of

16 another state, tribe, or United States territory. A copy

17 of the order of protection shall be transmitted to the

18 probation officer or agency having responsibility for the

19 case;

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

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

22 Act for any reasonable expenses incurred by the program on

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

24 the fine authorized for the offense for which the

25 defendant was sentenced;

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

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1 exceed the maximum amount of the fine authorized for the

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

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

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

5 under the jurisdiction of the Department of Natural

6 Resources, to the fund established by the Department of

7 Natural Resources for the purchase of evidence for

8 investigation purposes and to conduct investigations as

9 outlined in Section 805-105 of the Department of Natural

10 Resources (Conservation) Law;

11 (14) refrain from entering into a designated

12 geographic area except upon such terms as the court finds

13 appropriate. Such terms may include consideration of the

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

15 accompanying the defendant, and advance approval by a

16 probation officer, if the defendant has been placed on

17 probation or advance approval by the court, if the

18 defendant was placed on conditional discharge;

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

20 indirectly, with certain specified persons or particular

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

22 street gangs and drug users or dealers;

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

24 presence of any illicit drug prohibited by the Cannabis

25 Control Act, the Illinois Controlled Substances Act, or

26 the Methamphetamine Control and Community Protection Act,

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1 unless prescribed by a physician, and submit samples of

2 his or her blood or urine or both for tests to determine

3 the presence of any illicit drug;

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

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

6 that would qualify the accused as a child sex offender as

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

8 of 1961 or the Criminal Code of 2012, refrain from

9 communicating with or contacting, by means of the

10 Internet, a person who is related to the accused and whom

11 the accused reasonably believes to be under 18 years of

12 age; for purposes of this paragraph (17), "Internet" has

13 the meaning ascribed to it in Section 16-0.1 of the

14 Criminal Code of 2012; and a person is related to the

15 accused if the person is: (i) the spouse, brother, or

16 sister of the accused; (ii) a descendant of the accused;

17 (iii) a first or second cousin of the accused; or (iv) a

18 step-child or adopted child of the accused;

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

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

21 that would qualify as a sex offense as defined in the Sex

22 Offender Registration Act:

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

24 device with Internet capability without the prior

25 written approval of the offender's probation officer,

26 except in connection with the offender's employment or

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1 search for employment with the prior approval of the

2 offender's probation officer;

3 (ii) submit to periodic unannounced examinations

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

5 Internet capability by the offender's probation

6 officer, a law enforcement officer, or assigned

7 computer or information technology specialist,

8 including the retrieval and copying of all data from

9 the computer or device and any internal or external

10 peripherals and removal of such information,

11 equipment, or device to conduct a more thorough

12 inspection;

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

14 computer or device with Internet capability, at the

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

16 systems to monitor the Internet use; and

17 (iv) submit to any other appropriate restrictions

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

19 computer or any other device with Internet capability

20 imposed by the offender's probation officer; and

21 (19) refrain from possessing a firearm or other

22 dangerous weapon where the offense is a misdemeanor that

23 did not involve the intentional or knowing infliction of

24 bodily harm or threat of bodily harm.

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

26 conditional discharge require that a person under 18 years of

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1 age found guilty of any alcohol, cannabis or controlled

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

3 during the period of probation or conditional discharge. If

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

5 may require that the minor refrain from driving or operating

6 any motor vehicle during the period of probation or

7 conditional discharge, except as may be necessary in the

8 course of the minor's lawful employment.

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

10 discharge shall be given a certificate setting forth the

11 conditions thereof.

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

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

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

15 condition of the sentence of probation or conditional

16 discharge that the offender be committed to a period of

17 imprisonment in excess of 6 months. This 6-month limit shall

18 not include periods of confinement given pursuant to a

19 sentence of county impact incarceration under Section 5-8-1.2.

20 Persons committed to imprisonment as a condition of

21 probation or conditional discharge shall not be committed to

22 the Department of Corrections.

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

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

25 incarceration program under Article 8 with a sentence of

26 probation or conditional discharge.

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

2 discharge and who during the term of either undergoes

3 mandatory drug or alcohol testing, or both, or is assigned to

4 be placed on an approved electronic monitoring device, shall

5 be ordered to pay all costs incidental to such mandatory drug

6 or alcohol testing, or both, and all costs incidental to such

7 approved electronic monitoring in accordance with the

8 defendant's ability to pay those costs. The county board with

9 the concurrence of the Chief Judge of the judicial circuit in

10 which the county is located shall establish reasonable fees

11 for the cost of maintenance, testing, and incidental expenses

12 related to the mandatory drug or alcohol testing, or both, and

13 all costs incidental to approved electronic monitoring,

14 involved in a successful probation program for the county. The

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

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

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

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

19 circuit court shall pay all moneys collected from these fees

20 to the county treasurer who shall use the moneys collected to

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

22 electronic monitoring. The county treasurer shall deposit the

23 fees collected in the county working cash fund under Section

24 6-27001 or Section 6-29002 of the Counties Code, as the case

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

26 by administrative order establish a program for electronic

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1 monitoring of offenders, in which a vendor supplies and

2 monitors the operation of the electronic monitoring device,

3 and collects the fees on behalf of the county. The program

4 shall include provisions for indigent offenders and the

5 collection of unpaid fees. The program shall not unduly burden

6 the offender and shall be subject to review by the Chief Judge.

7 The Chief Judge of the circuit court may suspend any

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

9 damage to any device.

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

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

12 concurrence of both courts. Further transfers or retransfers

13 of jurisdiction are also authorized in the same manner. The

14 court to which jurisdiction has been transferred shall have

15 the same powers as the sentencing court. The probation

16 department within the circuit to which jurisdiction has been

17 transferred, or which has agreed to provide supervision, may

18 impose probation fees upon receiving the transferred offender,

19 as provided in subsection (i). For all transfer cases, as

20 defined in Section 9b of the Probation and Probation Officers

21 Act, the probation department from the original sentencing

22 court shall retain all probation fees collected prior to the

23 transfer. After the transfer, all probation fees shall be paid

24 to the probation department within the circuit to which

25 jurisdiction has been transferred.

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

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1 probation after January 1, 1989 or to conditional discharge

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

3 supervision of a probation or court services department after

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

5 conditional discharge or supervised community service, a fee

6 of $50 for each month of probation or conditional discharge

7 supervision or supervised community service ordered by the

8 court, unless after determining the inability of the person

9 sentenced to probation or conditional discharge or supervised

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

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

12 in the guardianship or custody of the Department of Children

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

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

15 an offender who is actively supervised by the probation and

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

17 clerk of the circuit court. The clerk of the circuit court

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

19 treasurer for deposit in the probation and court services fund

20 under Section 15.1 of the Probation and Probation Officers

21 Act.

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

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

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

25 judge, a standard probation fee guide determining an

26 offender's ability to pay.Of the amount collected as a

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1 probation fee, up to $5 of that fee collected per month may be

2 used to provide services to crime victims and their families.

3 The Court may only waive probation fees based on an

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

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

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

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

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

9 offender that has been assigned to the supervision of a

10 probation department, or has been transferred either under

11 subsection (h) of this Section or under any interstate

12 compact, shall be required to pay probation fees to the

13 department supervising the offender, based on the offender's

14 ability to pay.

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

16 under this subsection that was imposed by Public Act 93-616.

17 This deletion is intended to control over any other Act of the

18 93rd General Assembly that retains or incorporates that fee

19 increase.

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

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

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

23 Board Act) or an offense that the court or probation

24 department has determined to be sexually motivated (as defined

25 in the Sex Offender Management Board Act), the court or the

26 probation department shall assess additional fees to pay for

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1 all costs of treatment, assessment, evaluation for risk and

2 treatment, and monitoring the offender, based on that

3 offender's ability to pay those costs either as they occur or

4 under a payment plan.

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

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

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

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

9 provision of a local ordinance, shall be collected and

10 disbursed by the circuit clerk as provided under the Criminal

11 and Traffic Assessment Act.

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

13 conditional discharge for a felony sex offense as defined in

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

15 court or probation department has determined to be sexually

16 motivated as defined in the Sex Offender Management Board Act

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

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

19 be available for all evaluations and treatment programs

20 required by the court or the probation department.

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

22 probation or conditional discharge for a violation of an order

23 of protection be placed under electronic surveillance as

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

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

26 100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff.

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

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

3 becoming law.

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INDEX

Statutes amended in order of appearance