HB 41 - Hearsay Exception Allows the prior statement of a dead declarant to be admitted as an exception to the hearsay rule if made by a declarant under oath at trial, hearing, or other proceeding. It is an expansion of the "gang-bangers hearsay exception" in 725 ILCS 5/115-10.2. P.A. 91-363; effective 7-30-99.
HB 62 - Sex Offender Registration Act Enhances penalty for violation of the Sex Offender Registration Act to a Class 3 felony from a Class 4 felony if false information is given. Requires that the sheriff give the requested information on a sex offender no later than 72 hours or three business days from the date of the request. P.A. 91-221; effective 7-22-99.
HB 70 - Prisoners Entering Personal Computer Information IDOC prohibited from assigning or permitting inmates to enter a personally identifiable information in a computer processible medium. P.A. 91-180; effective 1-1-2000.
HB 76 - Firearm Tracing Requires local law enforcement to do a firearm ownership trace if weapon is recovered from any person (now those under 21) who is not permitted by law to possess the weapon. P.A. 91-364; effective 1-1-2000.
HB 90 - Disclosure of Information about Juveniles Allows the court to disclose the name and address of the juvenile or the juvenile's parent or guardian if necessary for the victim to pursue a civil remedy against them or to protect the victim from them. P.A. 91-479; effective 1-1-2000.
HB 129 - Civil Procedure - Witness Name Change Publication A name change of witness can be done without notice and publication to protect the witness if approved by the Illinois State Police. P.A. 91-62; effective 1-1-2000.
HB 227 - Stolen Firearms Separates firearm theft into its own statute. (1) Possession of a stolen firearm is a Class 2 felony. (Inference of knowledge can be inferred from the serial number being altered.) (2) Aggravated Possession of Stolen Firearms ranges from a Class 1 to an X, depending on the number of firearms. Super X maximums go up but not the minimums. (3) UUW by felon statute upgraded (a) Class X sentence for possession of a machine gun by a felon. (b) Probationable Class 2 treatment for those with specified prior felonies (forcible felony, stalking, certain drug offenses). P.A. 91-544; effective 1-1-2000.
HB 238 - Bail Bond Forms Requires that the written notice on bail bond form indicating that the bail may be used to pay costs, attorney fees, or fines must be formatted as follows: (1) distinguishable from the surrounding text, (2) in bold type or underscored, and (3) in type size at least two points larger than the surrounding type. P.A. 91-183; effective 1-1-2000.
HB 249 - Internet Porno - Posting Identifying Information Disclosure of minor's (17 or lower) personal information (name, address, telephone number or e-mail) without permission on an adult obscenity or child porno Internet site is a Class 3 felony. For adult victims, it is a Class 4 felony. P.A. 91-222; effective 7-22-99.
HB 251 - Dumping Garbage on Real Estate Requires a minimum fine of $500 if convicted of this crime. If the defendant is indigent, it requires the court to make the defendant choose either to pay the minimum fine of $500 or perform 100 hours of community service. P.A. 91-409; effective 1-1-2000.
HB 252 - Nitrous Oxide - Penalty Possession of nitrous oxide upgraded to a Class A misdemeanor. A second or subsequent offense becomes a Class 4 felony. Unlawful manufacture or delivery becomes a Class 3 felony. P.A. 91-366; effective 1-1-2000.
HB 329 - Statute of Limitation for Sex Crimes Extends the statute of limitation for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse as follows. (1) Within 10 years of the offense if the victim reported the offense to law enforcement within two years of the offense. (2) If the victim is under 18 years of age at the time of the offense and the offender is a family member, within 10 years of the victim attaining the age of 18. (3) If the victim is under 18 years of age at the time of the offense and the offender is not a family member, within 10 years of the victim attaining the age of 18. But the victim must have reported the offense to law enforcement before he or she turned 21 years old. For criminal sexual abuse, if the victim is under 18 years of age, the statute of limitation remains one year of the victim turning 18 years old. P.A. 91-475; effective 1-1-2000.
HB 343 - Laser Pointers Creates the offense of Unlawful Use of a Laser Pointer. Pointing it at a police officer is a Class A misdemeanor and use with a firearm during an offense is an aggravating factor for extended term. P.A. 91-252; effective 1-1-2000.
HB 376 - Anhydrous Ammonia Equipment Creates the Class A misdemeanor for tampering with anhydrous ammonia equipment, container, or storage facility. P.A. 91-402; effective 1-1-2000.
HB 392 - Pregnant Female Prisoners Amend Code of Corrections and County Jail Act to prohibit the handcuffing and shackling of pregnant female inmates who are transported to the hospital for delivery of her baby. Also bars security staff from being in the delivery room. P.A. 91-253; effective 1-1-2000.
HB 424 - Gang Witness Protection - Validate Re-enacts the Gang Crime Witness Protection Act as curative legislation, resetting the sunset date to 7-1-2004. (P.A. 90-795, eff. 8-14-98). P.A. 91-42; effective 6-30-99.
HB 471 - Criminal Code - Body Piercing - Minor Creates the Class C misdemeanor offense of Body Piercing of a Minor. If the minor is under 18, written parental permission required. Ear piercing is exempted from this Act. P.A. 91-412; effective 9-5-99.
HB 720 - Speed Limit - 40 Miles Over Makes speeding plus 40 over the limit a Class A misdemeanor. P.A. 91-469; effective 1-1-2000.
HB 729 - Sexual Exploitation Child - Clothes Off Amends the Sexual Exploitation of a Child statute. Expands the offense to include persuading a child to remove his or her clothing for the purpose of sexual arousal of the adult or the minor. Penalty is Class A for first offense, Class 4 for subsequent offenses or if defendant had a prior sex offense conviction. P.A. 91-223; effective 1-1-2000.
HB 731 - Sex Offender Information - Internet Sex Offender Registration and Notification statutes amended to require a photograph of the person be taken. It also authorizes distribution on the Internet, television, magazines, etc., if victim is 13 or younger. State Police can require ID of user and restrict access to those living in the same geographical area as the sex offender. P.A. 91-224; effective 7-1-2000.
HB 734 - Aggravated Battery - Inmate - Body Fluids Provides that an inmate of a penal institution who causes or attempts to cause an employee of the penal institution to come in contact with blood, seminal fluid, urine, or feces by throwing, tossing, or expelling that fluid or material commits aggravated battery. P.A. 91-488; effective 1-1-2000.
HB 774 - Corrections - Restitution Authorizes restitution for conviction of any offense that is not in the Criminal Code. P.A. 91-420; effective 1-1-2000.
HB 790 - Statewide Grand Jury - Child Sex Offenses Statewide Grand Jury Act amended to authorize investigations into computer facilitation of enumerated child sex offenses. P.A. 91-225; effective 1-1-2000.
HB 810 - Cruelty to Animals Amends the Humane Care for Animals Act to enhance the penalty for a second or subsequent offense of aggravated cruelty to a companion animal from a Class A misdemeanor to a Class 4 felony. P.A. 91-291; effective 1-1-2000.
HB 854 - Criminal ID - Seal Records Sex crime victims may request the State's Attorney to seal the case files. Court may open for public inspection for good cause. P.A. 91-295; effective 1-1-2000.
HB 873 - Controlled Substances - Use Person Under 18 Controlled Substance Act penalties for use of a minor under the age of 18 to deliver a controlled, counterfeit, or look-a-like substances is subject to three times the maximum (now two times the maximum). Applies to adult defendants. P.A. 91-297; effective 1-1-2000.
HB 878 - School Safety Mandates school safety audits and school reports to the police of the commission of any firearm or illegal drug offense on or near school grounds immediately upon superintendent or designee becoming aware of the violation. Violation is a petty offense and Class C for second offense. Mandatory detention of firearm offenses by policy also required. The Task Force on School Safety includes an IPDA and ISAA member. P.A. 91-491; effective 8-13-99.
HB 1097 - Indecent Solicitation of a Child Provides that the child solicited must be less than 17 years of age (now under 13 years of age). The offender may be guilty of the offense if he or she believed the person solicited to be a child under 17. Eliminates soliciting for criminal sexual abuse as a violation. Penalty is a Class 1 felony if the act solicited is predatory criminal sexual assault of a child or aggravated criminal assault; a Class 2 felony if the act solicited is criminal sexual assault; and a Class 3 felony if the act solicited is aggravated criminal sexual abuse. P.A. 91-226; effective 7-22-99.
HB 1098 - Sexually Violent Persons Commitment Act Requires DNA analysis to be done for this Act. Results governed by rules issued by the State Police (now, Attorney General). Changes the period when a petition for commitment may be filed, including allowing a petition to be filed while the patient is still under a prior commitment order. A jury at the request of the defendant or the State may hear discharge petitions. Changes procedures for waiver of probable cause at a re-examination hearing. If the committed person fails to waive probable cause or fails to petition for discharge, it may be done by review of the documents only. The probable cause hearing must be held within 45 days of the filing of the re-examination period. P.A. 91-227; effective 1-1-2000.
HB 1099 - Fraudulent Schemes - Wire/Mail Creates the offenses of fraud by wire, radio, telephone, and mail. Also creates financial institution fraud. Makes the offenses Class 3 felonies. P.A. 91-228; effective 1-1-2000.
HB 1100 - Child Pornography Defendant must possess the child pornography voluntarily in order to be criminally liable for a child pornography violation. A description of a person who appears to be under 18 regardless of the method of creation constitutes a "child" for purposes of a child pornography violation. One-half of the proceeds acquired from offenses of keeping a place of juvenile prostitution, exploitation of a child, or child pornography must be divided equally among all State agencies and units of local government whose officers or employees conducted the investigation that resulted in the forfeiture (now, only units of local government share in the forfeited proceeds). P.A. 91-229; effective 1-1-2000.
HB 1102 - Handicapped Parking Authorizes a $100 fine for parking in a place reserved for the disabled without a disabilities registration plate or decal or fraudulently using a plate or decal. Sign posted need not comply with the technical requirements of DOT regulations or a local ordinance, if a reasonable person would be aware of the parking place reserved. P.A. 91-427; effective 8-6-99.
HB 1162 - Evidence - Parole Revocation Business record exception amendment that allows police or treatment facility reports to be admissible at petition to revoke hearings. Restricted to non-criminal violations and in probation transfer cases. P.A. 91-548; effective 1-1-2000.
HB 1164 -Probation Officers Removes the provision permitting a court outside Cook County from directing a probation officer to do a private adoption investigation. P.A. 91-429; effective 1-1-2000.
HB 1180 - Solicitation for Charity - Public Safety Organization Requires public safety personnel organization and their fundraisers to keep fundraising records. Requirements imposed for use of certain words. False personation and solicitation Act amended to make certain violations a Class 4 felony. P.A. 91-301; effective 7-29-99.
HB 1188 - Confidentiality - Address - Domestic Violence To address confidentiality issues in domestic violence cases, victims may designate the Attorney General to accept service of process and mail for them. Will appear at 750 ILCS 61/. P.A. 91-494; effective 1-1-2000.
HB 1194 - Weapons on School Property (1) Requires that private and public school officials immediately report to a local law enforcement agency and the principal if they observe any person on school property with a weapon. Requires that superintendents must notify local law enforcement immediately of any "firearm-related incidents." (Now, within 24 hours of the incident.) (2) If the law enforcement agency believes that there is probable cause that a minor is guilty of the unlawful possession of a weapon (UUW), the agency must detain the minor for processing, which includes allowing the court to order a psychological evaluation and to issue a restraining order if certain conditions are met. (3) The probable cause finding then creates a presumption that immediate and urgent necessity exists for secure detention, and once the presumption has been raised, the burden of demonstrating the lack of immediate and urgent necessity is now on any party that is opposing detention for the minor. (4) Prohibits a court from allowing a defendant from posting bail bond before conviction if charged with UUW on school grounds or within a 1,000 feet of school grounds if the court finds that the defendant's release is a real and present threat to the physical safety of any person and denial of bail is necessary to prevent fulfillment of that threat. (5) Requires a psychological evaluation of all defendants charged with UUW on school grounds or within a 1,000 feet of school grounds. P.A. 91-11; effective 6-4-99.
HB 1195 - Firearms - Schools/Sales Amends the aggravated discharge of a firearm statute to upgrade the penalty to a Class X felony if done at or near a school, school activity, or school bus. Penalty for unlawful sale of firearm to minor near school increased to a Class 1 felony. P.A. 91-12; effective 1-1-2000.
HB 1278 - Methamphetamines Amends the Illinois Controlled Substances Act to prohibit the possession of any methamphetamine manufacturing chemicals with an intent to manufacture methamphetamine. It establishes the following penalty structure. P.A. 91-403; effective 1-1-2000.
Weight
(in grams)
Minimum
Sentence
Maximum
Felony
Offense
Potential Fine
0-14
n/a
Class 2
up to $200,000
15-29
Class 1
up to $250,000
30-149
6 years
30 years
Class X
up to $500,000
150-499
40 years
up to greater of $500,000/street value
500-1199
50 years
1200 +
60 years
HB 1305 - Insurance Fraud Includes in the offenses of fraud on a governmental entity and insurance fraud causing a false claim to be made. Includes in the offense of aggravated fraud causing three or more false claims to be made. P.A. 91-232; effective 1-1-2000.
HB 1321 - Criminal Code - Harm Teacher at School Increases penalties for offenses of aggravated battery of a firearm (15+) and aggravated discharge (10+) of a firearm committed against a school employee, committed on school grounds, adjacent grounds, or building used for school purposes. Adds it as another death penalty aggravating factor. P.A. 91-434; effective 1-1-2000.
HB 1432 - Arrest Information Creates a uniform media report available for inspection and copying within 72 hours of an arrest by any law enforcement agency in Illinois. Allows law enforcement agencies to withhold information that would endanger law enforcement and corrections officers, interfere with pending or actually and reasonably contemplated law enforcement proceedings, or compromise the safety of any correctional facility. P.A. 91-309; effective 7-29-99.
HB 1570 - Bail Bond - Monitoring Costs Eliminates the cap of $5 per day that the defendant must pay while using a monitoring device while on home supervision. P.A. 91-312; effective 1-1-2000.
HB 1720 - Repeat Offenses for Prostitution Enhances a second or subsequent offense for pimping, patronizing a prostitute, prostitution, soliciting for a prostitute, or keeping a place of prostitution from a Class A misdemeanor to a Class 4 felony. If a person is arrested for soliciting a prostitute, a peace officer is authorized to impound the offender's vehicle for at least two hours. The offender must pay a fee of $200 to get the vehicle returned. This fee is to be distributed to the unit of local government for whom the peace officer is employed and includes the costs incurred by the unit of local government to tow the vehicle for impoundment. P.A. 91-498; effective 1-1-2000.
HB 1759 - Domestic Battery I Adds a third category of Class 4 felony for domestic battery if the defendant has a prior conviction against a family or household member for aggravated battery, stalking, unlawful restraint, or aggravated unlawful restraint. It also makes violation of an order of protection a Class 4 felony with any of the prior convictions against a family member. P.A. 91-112; effective 10-1-99.
HB 1813 - DUI - Prior Out-Of-State DUI A defendant with a prior out-of-state DUI or reckless driving may not get supervision for a subsequent Illinois DUI. P.A. 91-114; effective 1-1-2000.
HB 1817 - Corrections - Offense at Nursing Home Aggravating sentencing factor that offense occurred in a nursing home or on real property of the nursing home. P.A. 91-437; effective 1-1-2000.
HB 1863 - Chester Mental Health Center Mental health inmates at Chester Mental Health Center may be handcuffed, if medically certified as necessary. Limited to 10 minutes for in-house transport. P.A. 91-559; effective 1-1-2000.
HB 1870 - Vehicle Code - Financial Responsibility Illinois Vehicle Code amended to correct a reference to a repealed section concerned with proof financial responsibility for suspension relief. P.A. 91-80; effective 7-9-99.
HB 1896 - Peace Officer - Temporary Questioning Reenacts provision of P.A. 89-404 that dealt with municipal police jurisdiction. Allows full police powers for an officer when investigating crime outside the officer's jurisdiction. P.A. 91-319; effective 7-29-99.
HB 1964 - Jurors' Pay and Jury Demand Fee Increased Repeals the cap on pay to grand and petit jurors of $15.50 per day and replaces it with an amount as fixed by the county board. It does leave, however, the minimum scale of pay at $4, $5, and $10 for different size counties. If a judge so orders, a juror may also receive reimbursement for the actual cost of day care incurred by the juror during his or her service on a jury. Increases the fee for a jury demand in civil litigation and the fine for a jury in ordinance violation cases in which the defendant may be punished by fine only. Amends the Jury Secrecy Act to provide that a judge may prohibit the release of the name of a juror if the judge finds a reasonable threat of harm to the juror would result if the name were released.P. A. 91-321; effective 1-1-2000.
HB 1966 - Small County State's Attorneys Prohibits State's Attorneys in smaller counties from engaging in the private practice of law, but it will raise the salaries of those State's Attorneys to $84,125. It will basically divide State's Attorneys into two tiers with 30,000 population as the dividing line but will make the salaries within those two tiers uniform. P.A. 91-440; effective 8-6-99.
HB 2037 - Threatening Public Officials Penalty for threatening a public official or family member through any communication enhanced from a Class 4 to a Class 3 felony. Second or subsequent convictions punishable as a Class 2 felony. P.A. 91-387; effective 1-1-2000.
HB 2038 - Hearsay for Lab Reports Extends a current statute (725 ILCS 5/115-15) to allow admission of a State Police laboratory reports in DUI, reckless homicide, or statutory suspension hearings. The sworn statement is prima facie evidence of the presence and amount of drugs or alcohol in the analysis of the blood or urine. The current statute allows introduction of reports that become prima facie evidence of the contents, weight, and identity of substances that are alleged to be cannabis or controlled substance. The Supreme Court of Illinois, however, heard oral arguments in September of 1999 in People v. McClanahan, 703 N.E.2d 127, 234 Ill.Dec. 515 (4th D 1999) in which the constitutionality of the current statute was upheld by the Fourth Appellate District Court. P.A. 91-563; effective 1-1-2000.
HB 2096 - Interstate Probation Agreements Allows jurisdiction over an offender subject to probation or conditional discharge to be transferred to another state under an Interstate Probation Reciprocal Agreement. P.A. 91-325; effective 7-29-99.
HB 2103 - Felons and Public Housing Requires the Department of Corrections and probation officers to notify public housing authorities if a felon who is on parole, probation, or mandatory supervised release intends to live in public housing. The leaseholder in public housing may be evicted if the housing authority can prove that the leaseholder is knowingly consenting to the felon's living in the leasehold. P.A. 91-506; effective 8-13-99.
HB 2219 - Domestic Battery II Creates the Class 2 felony of aggravated domestic battery. A person commits this offense by intentionally or knowingly causing great bodily harm, permanent disability, or disfigurement. A second or subsequent conviction requires a mandatory term of imprisonment of not less than three years and not more than seven years or an extended term of imprisonment of not less than seven years and not more than 14 years. If probation or conditional discharge is imposed as a sentence, the offender must serve a mandatory term of imprisonment of not less than 60 consecutive days. It also permits a family law court to set aside a portion of the estate of one of the parties to a dissolution proceeding if the victim is a child of the parties for care and counseling of the child. P.A. 91-445; effective 1-1-2000.
HB 2306 - Threatening Public Officials - Penalty Assistant State's Attorneys are included in definition of public official for offense of threatening a public official. Penalty is enhanced from a Class 4 felony to a Class 3 felony. P.A. 91-335; effective 1-1-2000.
HB 2310 - Stalking - Family Member Expands stalking victims to include family members of victims. P.A. 91-640; effective 8-20-99.
HB 2347 - Increased Penalties for Meth Changes the minimum terms of imprisonment for manufacturing, delivering, or possessing with intent to deliver methamphetamines. Provides that the fine for manufacturing, delivering, or possessing with intent to deliver amphetamines shall be not more than $200,000. Changes the minimum term of imprisonment for possessing between 400 and 900 grams of methamphetamines from six years to eight years. Changes the minimum term of imprisonment for possessing over 900 grams of methamphetamines from six years to 10 years. Provides that the fine for possession of methamphetamines may not exceed $200,000 or the full street value of the substance, whichever is greater. P.A. 91-336; effective 1-1-2000.
HB 2349 - Contributing to Delinquency - Penalties The offense of contributing to the delinquency of a minor applies to both felony and misdemeanor offenses. (Now, only felony offenses.) Penalty is one grade higher than the offense committed. P.A. 91-337; effective 1-1-2000.
HB 2351 - Vehicles - False Theft Report False report of a car theft to a law enforcement employee (now, only police officer) is a Class 2 felony. P.A. 91-450; effective 1-1-2000.
HB 2360 - Enhanced Penalties for Sexual Abuse Increases the penalty for criminal sexual abuse from a Class A misdemeanor to a Class 4 felony if the accused (1) uses force or threat of force, or (2) knew that the victim was unable to understand the nature of the act or was unable to give knowing consent. P.A. 91-389; effective 1-1-2000.
HB 2630 - Title Document - Vehicle - Falsify Amends the Illinois Vehicle Code for violations of information on a title document. Upgrades the penalty for a second or subsequent violation from a Class 4 felony to a Class 3 felony. Current law requires the second or subsequent conviction to be within five years, which is deleted by this bill. Therefore, there is no time limitation for a second or subsequent violation. P.A. 91-571; effective 1-1-2000.
HB 2721 - Sex Offender Registration Act and Notification Extends coverage to persons feared to be sexually violent persons and those with a foreign country conviction for specified offenses. Offenses covered are expanded to include various solicitation for sex offenses, if the solicited person was a minor. Expands covered persons to include out-of-state students and temporary workers (14-plus days in a row or for an aggregate period of time exceeding 30 days during a calendar year) in the State. P.A. 91-48; effective 7-1-99.
SB 4 - Internet Gambling Prohibits Internet gambling. Class A misdemeanor for first-time offenders and a Class 4 felony for second or subsequent conviction. P.A. 91-257; effective 1-1-2000.
SB 5 - Crime Victims Compensation Act Amended to include minor children of the victim. P.A. 91-258; effective 1-1-2000.
SB 7 - New Crime for Sex Offenders Creates the new crime of approaching, contacting or communicating with a child within a public park zone by a child sex offender. It will also prohibit a child sex offender from knowingly operating, managing, being employed by, volunteering at, being associated with, or knowingly being present at any facility providing programs or services exclusively directed toward children under the age of 18. P.A. 91-458; 1-1-2000.
SB 19 - Jail for Non-Support Imposes a graduated scale of criminal penalties and for the revocation or suspension of driver's licenses and professional licenses for failure to pay child support or maintenance. It will become a Class A misdemeanor for a (1) willful refusal without a lawful excuse to support a spouse or minor child, and (2) willful failure to comply with a court or administrative support order if the arrearage is greater than $5,000 or payment was delayed more than six months. It becomes a Class 4 felony for a second or subsequent offense. If an obligor is more than 90 days behind in child support payments, the court may seek to suspend or revoke the obligor's driver's license or professional license. Will appear at 750 ILCS 16/. P.A. 91-613; effective 10-1-99 and 7-1-2000.
SB 27 - Criminal Justice Task Force Creates the Task Force on Professional Practice in the Illinois Criminal Justice System. It will be a 19-member Task Force to be chaired and staffed by ISBA. The Task Force's mission is to study appropriate levels of caseloads, adequate salary structures, technological needs, and other issues affecting the recruitment and retention of attorneys in the Illinois criminal justice system. P.A. 91-577; effective 8-14-99.
SB 48 - Firearm Owner - Waive Confidentiality At the request of the Illinois State Police, FOID card application may require mental health records release be executed. No disclosure of treatment records. Disclosure limited to mental health institution admission information. Destruction of records after one year. P.A. 91-514; effective 1-1-2000.
SB 80 - Domestic Battery Upon a domestic battery conviction, if bodily harm to a family member is committed in the presence of a person under 18, mandates that counseling for the minor be ordered. P.A. 91-262; effective 1-1-2000.
SB 109 - Financial Identity Theft Creates offense of financial identify theft (knowing and fraudulent act to obtain credit, etc., of the owner of data). Applies to use of birth certificates, drivers license, or any document purported to be made by the victim, as well as predicate information (name, address, social security number, PIN, etc.) If credit/property obtained is $300 or less, it is a Class A misdemeanor unless enhanced to a Class 4 (prior theft, etc.). Progressive increase in class offense to a Class 1 felony. It becomes aggravated if victim is over 60 or disabled, and it is not a defense that defendant did not know victim was over age 60 enhances class by one level. Second aggravated convictions is a Class X. Partial ownership of property seized not a defense. P.A. 91-517; effective 8-13-99.
SB 176 - Bonds and Bail Amends the sheriff-fee statute to mandate payment of sheriff's fee for both civil and criminal bails before release. P.A. 91-94; effective 1-1-2000.
SB 177 - Gun Safety Creates the Child Access Prevention law. It creates a new offense to make gun owners responsible for the safe storage of a firearm. If the owner has reason to believe that a minor (under the age of 14) may have access to the firearm, it requires firearms to be either (1) fitted with a locking system making it temporarily inoperable, (2) secured in a locked box or container, or (3) stored in a secure location. Gun owners who improperly store firearms may be convicted of a Class C misdemeanor. The law does not apply if the minor has a valid FOID card and has permission of a parent or guardian, uses the firearm in self-defense, or obtains the firearm by unlawful entry of a residence. P.A. 91-18; effective 1-1-2000.
SB 178 - Juror Exemption Requires the jury commissioners, county board, or jury administrator to excuse a prospective juror if jury service would cause an undue hardship. The undue hardship is limited to a primary caregiver of a person with a mental or physical disability, a person with a medically diagnosed behavior problem, or a child under the age of 12. But it requires a finding that no reasonable alternative care is feasible that would not impose an undue hardship on the prospective juror or the person for whom the prospective juror is caring. P.A. 91-264; effective 7-23-99.
SB 188 - Counterfeit UPC Label Creates the offense of possession of Fraudulent/Counterfeit UPC label with intent to defraud. Possession of one is a Class 4 felony; possession of multiple items or criminal manufacturing device is a Class 3 felony. P.A. 91-136; effective 1-1-2000.
SB 202 - Sex Offender Registration - Employment Amends the Sex Offender Registration Act to require registration in the county or municipality of employment within 10 days. Law enforcement may disclose to a person likely to encounter the sex offender the offender's photograph or other identifying information. P.A. 91-394; effective 1-1-2000.
SB 234 - Firearms - Unlawful Purchase Creates offense of unlawful firearm purchase (attempts included) with intent to give to another person who is prohibited by federal or state law from possessing one. Exempts gift if Sect. 3 of the FOID Act complied with (which is FOID card display and a record kept for 10 years). Offense also includes False Data on a U.S. ATF transaction record. Felony level dependent on the number of firearms purchased and time frame. Maximum is Class X 6-50 for more than 40 guns within a six-year period. P.A. 91-265; effective 1-1-2000.
SB 304 - New Aggravated Battery Creates a new crime of aggravated battery against hospital emergency room personnel: (1) who are engaged in the performance official duties, (2) is intended to prevent them performing official duties, or (3) is in retaliation for performing official duties. Penalty is a Class 3 felony. P.A. 91-619; effective 1-1-2000.
SB 330 - Sentencing - Firearms Add an aggravating factor in sentencing that defendant was a federally licensed firearm dealer and has a previous conviction of transferring a firearm without the required display of a FOID card and now has committed either a felony violation of the FOID Act or an act of armed violence while armed with a firearm. P.A. 91-267; effective 1-1-2000.
SB 374 - Animal Torture Creates the offense of animal torture in the Humane Care for Animals Act as a Class 4 felony. A second or subsequent conviction a Class 3 felony. Exemptions for hunters, researchers, and animal slaughter houses. P.A. 91-351; effective 7-29-99.
SB 393 - Controlled Substance Penalties Amends the Controlled Substances Act to specify the 1,000 foot enhancement of penalty provisions need not be on a public way. P.A. 91-353; effective 1-1-2000.
SB 395 - Sentencing - Day Care Center Amends the Code of Corrections to add aggravating factors to include specified offenses (kidnapping, aggravated battery, or other violent or sex crimes) committed on or within 1,000 feet of a day care center. Day care center must have a sign. P.A. 91-268; effective 1-1-2000.
SB 396 - Sex Offender Management Board Extends the date for the Sex Offender Management Board to establish procedures for evaluation and counseling of sex offenders. P.A. 91-235; effective 7-22-99.
SB 398 - Murder Consecutive Sentences Amends the mandatory-consecutive sentencing statute to specify that murder is a triggering offense. P.A. 91-144; effective 1-1-2000.
SB 400 - Removal of Gang Tattoos Permits judges to order juveniles to have gang tattoos removed as part of a dispositional order in juvenile courts. P.A. 91-98; effective 1-1-2000.
SB 404 - Public Indecency/Disorderly Conduct - Penalty Third or subsequent public indecency conviction becomes a Class 4 felony. Third or subsequent disorderly conduct (window peeping) conviction is also a Class 4 felony, and the first offense enhanced from a Class B to A misdemeanor. P.A. 91-115; effective 1-1-2000.
SB 405 - Sexual Conduct - Definition Extends "sexual conduct" definition to include transmission of semen to the body of the victim (clothed or unclothed). P.A. 91-116; effective 1-1-2000.
SB 477 - Financial Exploitation of Disabled Changes the definition of elderly person in the statute relating to financial exploitation of an elderly person or person with disabilities. Changes references from "disabled person" to "a person with a disability." P.A. 91-236; effective 7-22-99.
SB 485 - County Jail Good Behavior Amends the County Jail Good Behavior Act to bar good time credit if the offense is criminal sexual assault of a minor family member, criminal sexual abuse, or aggravated sexual abuse. P.A. 91-117; effective 7-15-99.
SB 486 - Theft - Penalty Theft penalty enhancement is allowed if defendant has a conviction for a prior felony including forgery, unlawful use of credit/debit care, or possession of a stolen or converted motor vehicle. Adds predicate offenses. P.A. 91-118; effective 1-1-2000.
SB 503 - Sentencing - Prior Juvenile Offenses Extended term sentencing available if adult has a delinquency adjudication for a Class 1 or X felony. Time frame is "conviction within 10 years of the previous adjudication, excluding time spent in custody." P.A. 91-119; effective 1-1-2000.
SB 504 - Sentencing - Predatory Sex Assault Extended term sentencing available for adult conviction of predatory criminal sexual assault of a child. P.A. 91-120; effective 7-15-99.
SB 509 - Crimes - Deadly Substances, Silencers, Etc. Expands definition of heinous battery to include use of a biological, chemical, radioactive contaminant, or an explosive compound. Would be a Class X, 6-45 years. Creates new offense of Aggravated Battery with machine gun or silence firearm. Penalty is a super X 12-45 for regular persons, for protected classes (police, fire, EMTs) a super X at 20-60 years. Creates new offense of Aggravated Discharge of a machine gun or silenced firearm. Penalty is a Class X for regular person, for protected classes (police, fire, EMTs) it is a super X, 12-50 years. Possession of explosives or incendiary devises upgraded to a probationable Class 1, 4-30 years. Creates offense of Possession of a Deadly substance (poison gas, etc.) if intended for use in committing a felony probationable Class 1, 4-30 years. False bomb threat statute (disorderly conduct §26-1) expanded to include gas, biological, chemical, radioactive contaminant. Penalty upgraded from a Class 4 to a Class 3 felony. Truth-in-sentencing (85%) reenacted for reckless homicide also applies to Aggravated Battery and Aggravated Discharge of a machine gun or silenced firearm. P.A. 91-121; effective 7-15-99.
SB 541 - Hospitals - Medical Records Amends the Hospital Licensing Act. Provides procedures for the protection and disclosure of medical records and other information by hospitals. Provides that an individual who willfully or wantonly discloses hospital or medical record information is guilty of a Class A misdemeanor. Defines "willfully and wantonly." P.A. 91-526; effective 1-1-2000.
SB 542 - Drug Testing of Crime Victims In a section providing for drug testing for crime victims, limits application of that provision to a hospital providing emergency services to an alleged sexual assault survivor. Provides that a physician may agree to be a person designated by a hospital to provide the drug testing (now, a hospital must designate someone other than a physician to provide the testing). Provides that drug testing shall be only in accordance with the order of a licensed individual authorized to order the testing (now, shall be only in accordance with the order of a physician). P.A. 91-271; effective 1-1-2000.
SB 574 - Capital Crimes Litigation Act Creates the Capital Crimes Litigation Act. Provides appointed attorney fees and all expert fees ordered by the court to be paid by the State Treasurer. Office of State Appellate Defender gets money for downstate public defender's expenses. Downstate public defenders can also get court-ordered expenses payments by Treasurer. Will appear at 725 ILCS 124/. P.A. 91-589; effective 1-1-2000.
SB 642 - Prostitution - Near Schools Enhances the penalty for prostitution, etc., within 1,000 feet of a school to a Class 4 felony. Class 3 for pandering for the same circumstances. P.A. 91-274; effective 1-1-2000.
SB 643 - Restitution - Presumption Restitution payments must be made as quickly as possible. Rebuttable presumption that facts supporting original order have not changed for issue of modification or revocation restitution. P.A. 91-153; effective 1-1-2000.
SB 644 - Corrections - Blood Specimens Those convicted of forcible felonies must submit blood standards for the State's DNA database. Also inchoate violations and sexually violent persons and other offenses when so ordered by the court. P.A. 91-528; effective 1-1-2000.
SB 729 - Sex Offenders - School Zone School officials must accompany child sex offenders on school site. Exemption for parents. Violation is a Class 4 felony. P.A. 91-356; effective 1-1-2000.
SB 731 - WIC Fraud - Re-enactment Reenacts WIC fraud statute from P.A. 88-680 found unconstitutional in People v. Dainty, 701 N.E.2d 118, 233 Ill.Dec. 475 (3d D. 1998). Petition for Leave to Appeal granted in No. 86497, 2-3-99. P.A. 91-155; effective 7-16-99.
SB 732 - Child Porno - Re-enactment Reenacts the child pornography statute as amended by P.A. 88-680 (computer depiction language). P.A. 91-54; effective 6-30-99.
SB 735 - Manslaughter - Under the Influence Reckless Homicide penalty upgraded to a Class 2 if (1) two or more deaths and (2) defendant under the influence of alcohol or drugs. Penalty is probationable or 6-28 year prison range. P.A. 91-122; effective 1-1-2000.
SB 753 - Victim Notification - Statewide Allows Attorney General to set up a statewide victim/witness notification system. Other government officials may participate. P.A. 91-237; effective 1-1-2000.
SB 759 - Automatic Transfer Makes it an automatic transfer from juvenile court to adult court if a minor age 15 or older is charged with aggravated battery with a firearm committed (1) in a school, (2) on the real property comprising a school, (3) within 1,000 feet of the real property comprising a school, (4) at a school-related activity, or (5) on, boarding, or departing from any conveyance owned, leased, or contracted by a school or school district to transport students to or from school or a school related activity regardless of the time of day or time of year that the offense was committed. P.A. 91-15; effective 1-1-2000.
SB 784 - Speedy Trial Act Requires that the 120-day period be one continuous period of incarceration. Separate periods of incarceration may not be combined. If the defendant is taken into custody a second or subsequent time for the same offense, the term will begin again at day zero. If a defendant is on bond or recognizance, then the defendant's failure to appear for any court date set by the court operates to waive the defendant's demand for trial. P.A. 91-123; effective 1-1-2000.
SB 1042 - Secret Compartments - Vehicles Makes it a crime to own or operate a motor vehicle with a false or secret compartment. Makes it a crime to install or create a hidden or secret compartment. Penalty is a Class C misdemeanors but the arresting authority can forfeit the motor vehicle. Intention to conceal contents from police may be inferred from presence of contraband inside the compartment. P.A. 91-359; effective 1-1-2000.
SB 1044 - Theft - School - Church School and church thefts, robberies, burglaries upgraded to by one level. Criminal damage and defacement penalties also upgraded by one level. P.A. 91-360; effective 7-29-99.
SB 1062 - Firearms - National Instant Check Refines State Police to search the files of the National Instant Criminal Background Check System when doing an inquiry for purchase of gun. State Police must be the Illinois Point of Contact for the National Instant Criminal Background Check System. P.A. 91-399; effective 7-30-99.
SB 1112 - Gun Enhancements Requires additional imprisonment in offenses in which a gun is possessed or used in the commission of certain offenses. For qualified offenses that are not covered by the current armed violence statute, the imprisonment is added to the penalty imposed on the qualified offense itself. On a qualified offense covered by the current armed violence offense, the imprisonment is a separate sentence but is to be served consecutively to the sentence on the qualified offense. There is a long list of qualified offenses, ranging from first degree murder to certain Class X drug offenses. If the offense is covered by the current truth-in-sentencing restrictions (85%), the additional imprisonment is served at the truth-in-sentencing rate. P.A. 91-404; effective 1-1-2000.
SB 1121 - Retail Theft - Detention Retail merchants who detain minors for possible retail theft are not obligated to call the police, but they must call a parent or guardian. P.A. 91-468; effective 1-1-2000.
SB 1142 - Predatory Sex Assault - Sentence Predatory criminal sexual assault on two or more children must be sentenced to natural life without parole, regardless of whether the offenses occurred as the result of the same act or of several related or unrelated acts. P.A. 91-238; effective 1-1-2000.
SB 1143 - Sentencing - Sex Offenses Two additional years of mandatory supervised release for repeat sex offenders if the victim is under 18 and not sentenced to natural life. First two years on electronic home detention. P.A. 91-279; effective 1-1-2000.
SB 1150 - Criminal Information - Local Volunteers State Police must provide information on volunteers or prospective volunteers for units of local government or school districts. P.A. 91-176; effective 7-16-99.