99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6572
 
Introduced , by Rep. La Shawn K. Ford
 
SYNOPSIS AS INTRODUCED:



See Index

 Amends the Alcoholism and other Drug Abuse and Dependency Act. Provides that an addict may elect treatment under supervision of a designated program if the offense is possession of a controlled substance or possession of 500 grams or less of cannabis. Amends the Criminal Identification Act. Expands offenses subject to sealing and expungement. Amends the Criminal Code of 2012. Changes the penalties for various offenses. Amends the Cannabis Control Act. Provides that possession of 57 grams or less of cannabis is a civil violation with a $25 fine. Provides that the manufacture, delivery, or possession with intent to deliver, or manufacture, 30 grams or less of any substance containing cannabis is a civil violation and subject to a $25 fine. Provides that possessing, growing, producing, or processing not more than 5 cannabis sativa plants, provided that the growing is not conducted openly or publicly and is not provided for sale or consideration, shall constitute a civil violation and shall be subject to a fine of $25. Amends the Drug Paraphernalia Control Act. Provides that if a person has possession of 57 grams or less of cannabis, the penalty for possession of any drug paraphernalia seized during the violation for that offense shall be a civil violation punishable by a fine of $25. Amends the Unified Code of Corrections. Eliminates minimum sentences for all classes of offenses. Amends various other Acts concerning other penalties. Provides that the amendatory Act applies to offenses committed before its effective date, and to offenses committed on or after its effective date. Provides that an offender who currently is serving sentence for a felony which is reduced to a lesser felony or to a misdemeanor by the amendatory Act may petition the court for resentencing to a lesser sentence and be given credit for time served.



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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB6572LRB099 21635 RLC 48106 b



1 AN ACT concerning criminal law.


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

3represented in the General Assembly:



4 Section 5. The Alcoholism and Other Drug Abuse and 
5Dependency Act is amended by changing Section 40-5 as follows:

6 (20 ILCS 301/40-5)
7 Sec. 40-5. Election of treatment. An addict or alcoholic 
8who is charged
with or convicted of a crime or any other person 
9charged with or convicted of a misdemeanor violation of the Use 
10of Intoxicating Compounds Act and who has not been previously 
11convicted of a violation of that Act may elect treatment under 
12the supervision of a
licensed program designated by the 
13Department, referred to in this Article
as "designated 
14program", unless:
15  (1) the crime is a crime of violence;
16  (2) the crime is a violation of Section 401(a), 401(b), 
17 401(c) where the
person electing treatment has been 
18 previously convicted of a non-probationable
felony or the 
19 violation is non-probationable, 401(d) where the violation 
20 is
non-probationable, 401.1, 402(a), 405 or 407 of the 
21 Illinois Controlled
Substances
Act, or Section 12-7.3 of 
22 the Criminal Code of 2012, or Section 4(d), 4(e), 4(f), 
23 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7
or 9 of the Cannabis 
 
 
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1 Control Act or Section 15, 20, 55, 60(b)(3), 60(b)(4), 
2 60(b)(5), 60(b)(6), or 65 of the Methamphetamine Control 
3 and Community Protection Act or is otherwise ineligible for 
4 probation under Section 70 of the Methamphetamine Control 
5 and Community Protection Act;
6  (3) the person has a record of 2 or more convictions of 
7 a crime of
violence;
8  (4) other criminal proceedings alleging commission of 
9 a felony, other than a felony directed against property, 
10 are pending
against the person;
11  (5) the person is on probation or parole and the 
12 appropriate parole or
probation authority does not consent 
13 to that election;
14  (6) the person elected and was admitted to a designated 
15 program on 2 prior
occasions within any consecutive 2-year 
16 period;
17  (7) the person has been convicted of residential 
18 burglary and has a record
of one or more felony 
19 convictions;
20  (8) the crime is a violation of Section 11-501 of the 
21 Illinois Vehicle
Code or a similar provision of a local 
22 ordinance; or
23  (9) the crime is a reckless homicide or a reckless 
24 homicide of an unborn
child, as defined in Section 9-3 or 
25 9-3.2 of the Criminal Code of 1961 or the Criminal Code of 
26 2012, in
which the cause of death consists of the driving 
 
 
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1 of a motor vehicle by a person
under the influence of 
2 alcohol or any other drug or drugs at the time of the

3 violation.
4 Nothing in this Section shall preclude an individual who is 
5charged with or convicted of a crime that is a violation of 
6Section 60(b)(1) or 60(b)(2) of the Methamphetamine Control and 
7Community Protection Act, and who is otherwise eligible to make 
8the election provided for under this Section, from being 
9eligible to make an election for treatment as a condition of 
10probation as provided for under this Article.
11(Source: P.A. 98-896, eff. 1-1-15; 98-1124, eff. 8-26-14; 
1299-78, eff. 7-20-15.)

13 Section 10. The Criminal Identification Act is amended by 
14changing Section 5.2 as follows:



15 (20 ILCS 2630/5.2)


16 Sec. 5.2. Expungement and sealing.
17 (a) General Provisions.
18  (1) Definitions. In this Act, words and phrases have

19 the meanings set forth in this subsection, except when a

20 particular context clearly requires a different meaning.
21   (A) The following terms shall have the meanings 
22 ascribed to them in the Unified Code of Corrections, 
23 730 ILCS 5/5-1-2 through 5/5-1-22:
24    (i) Business Offense (730 ILCS 5/5-1-2),
 
 
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1    (ii) Charge (730 ILCS 5/5-1-3),
2    (iii) Court (730 ILCS 5/5-1-6),
3    (iv) Defendant (730 ILCS 5/5-1-7),
4    (v) Felony (730 ILCS 5/5-1-9),
5    (vi) Imprisonment (730 ILCS 5/5-1-10),
6    (vii) Judgment (730 ILCS 5/5-1-12),
7    (viii) Misdemeanor (730 ILCS 5/5-1-14),
8    (ix) Offense (730 ILCS 5/5-1-15),
9    (x) Parole (730 ILCS 5/5-1-16),
10    (xi) Petty Offense (730 ILCS 5/5-1-17),
11    (xii) Probation (730 ILCS 5/5-1-18),
12    (xiii) Sentence (730 ILCS 5/5-1-19),
13    (xiv) Supervision (730 ILCS 5/5-1-21), and
14    (xv) Victim (730 ILCS 5/5-1-22).
15   (B) As used in this Section, "charge not initiated 
16 by arrest" means a charge (as defined by 730 ILCS 
17 5/5-1-3) brought against a defendant where the 
18 defendant is not arrested prior to or as a direct 
19 result of the charge.
20   (C) "Conviction" means a judgment of conviction or 
21 sentence entered upon a plea of guilty or upon a 
22 verdict or finding of guilty of an offense, rendered by 
23 a legally constituted jury or by a court of competent 
24 jurisdiction authorized to try the case without a jury. 
25 An order of supervision successfully completed by the 
26 petitioner is not a conviction. An order of qualified 
 
 
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1 probation (as defined in subsection (a)(1)(J)) 
2 successfully completed by the petitioner is not a 
3 conviction. An order of supervision or an order of 
4 qualified probation that is terminated 
5 unsatisfactorily is a conviction, unless the 
6 unsatisfactory termination is reversed, vacated, or 
7 modified and the judgment of conviction, if any, is 
8 reversed or vacated.
9   (D) "Criminal offense" means a petty offense, 
10 business offense, misdemeanor, felony, or municipal 
11 ordinance violation (as defined in subsection 
12 (a)(1)(H)). As used in this Section, a minor traffic 
13 offense (as defined in subsection (a)(1)(G)) shall not 
14 be considered a criminal offense.
15   (E) "Expunge" means to physically destroy the 
16 records or return them to the petitioner and to 
17 obliterate the petitioner's name from any official 
18 index or public record, or both. Nothing in this Act 
19 shall require the physical destruction of the circuit 
20 court file, but such records relating to arrests or 
21 charges, or both, ordered expunged shall be impounded 
22 as required by subsections (d)(9)(A)(ii) and 
23 (d)(9)(B)(ii).
24   (F) As used in this Section, "last sentence" means 
25 the sentence, order of supervision, or order of 
26 qualified probation (as defined by subsection 
 
 
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1 (a)(1)(J)), for a criminal offense (as defined by 
2 subsection (a)(1)(D)) that terminates last in time in 
3 any jurisdiction, regardless of whether the petitioner 
4 has included the criminal offense for which the 
5 sentence or order of supervision or qualified 
6 probation was imposed in his or her petition. If 
7 multiple sentences, orders of supervision, or orders 
8 of qualified probation terminate on the same day and 
9 are last in time, they shall be collectively considered 
10 the "last sentence" regardless of whether they were 
11 ordered to run concurrently.
12   (G) "Minor traffic offense" means a petty offense, 
13 business offense, or Class C misdemeanor under the 
14 Illinois Vehicle Code or a similar provision of a 
15 municipal or local ordinance.
16   (H) "Municipal ordinance violation" means an 
17 offense defined by a municipal or local ordinance that 
18 is criminal in nature and with which the petitioner was 
19 charged or for which the petitioner was arrested and 
20 released without charging.
21   (I) "Petitioner" means an adult or a minor 
22 prosecuted as an
adult who has applied for relief under 
23 this Section.
24   (J) "Qualified probation" means an order of 
25 probation under Section 10 of the Cannabis Control Act, 
26 Section 410 of the Illinois Controlled Substances Act, 
 
 
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1 Section 70 of the Methamphetamine Control and 
2 Community Protection Act, Section 5-6-3.3 or 5-6-3.4 
3 of the Unified Code of Corrections, Section 
4 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as 
5 those provisions existed before their deletion by 
6 Public Act 89-313), Section 10-102 of the Illinois 
7 Alcoholism and Other Drug Dependency Act, Section 
8 40-10 of the Alcoholism and Other Drug Abuse and 
9 Dependency Act, or Section 10 of the Steroid Control 
10 Act. For the purpose of this Section, "successful 
11 completion" of an order of qualified probation under 
12 Section 10-102 of the Illinois Alcoholism and Other 
13 Drug Dependency Act and Section 40-10 of the Alcoholism 
14 and Other Drug Abuse and Dependency Act means that the 
15 probation was terminated satisfactorily and the 
16 judgment of conviction was vacated.
17   (K) "Seal" means to physically and electronically 
18 maintain the records, unless the records would 
19 otherwise be destroyed due to age, but to make the 
20 records unavailable without a court order, subject to 
21 the exceptions in Sections 12 and 13 of this Act. The 
22 petitioner's name shall also be obliterated from the 
23 official index required to be kept by the circuit court 
24 clerk under Section 16 of the Clerks of Courts Act, but 
25 any index issued by the circuit court clerk before the 
26 entry of the order to seal shall not be affected.
 
 
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1   (L) "Sexual offense committed against a minor" 
2 includes but is
not limited to the offenses of indecent 
3 solicitation of a child
or criminal sexual abuse when 
4 the victim of such offense is
under 18 years of age.
5   (M) "Terminate" as it relates to a sentence or 
6 order of supervision or qualified probation includes 
7 either satisfactory or unsatisfactory termination of 
8 the sentence, unless otherwise specified in this 
9 Section.
10  (2) Minor Traffic Offenses.
Orders of supervision or 
11 convictions for minor traffic offenses shall not affect a 
12 petitioner's eligibility to expunge or seal records 
13 pursuant to this Section.
14  (3) Exclusions. Except as otherwise provided in 
15 subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) 
16 of this Section, the court shall not order:
17   (A) the sealing or expungement of the records of 
18 arrests or charges not initiated by arrest that result 
19 in an order of supervision for or conviction of:
(i) 
20 any sexual offense committed against a
minor; (ii) 
21 Section 11-501 of the Illinois Vehicle Code or a 
22 similar provision of a local ordinance; or (iii) 
23 Section 11-503 of the Illinois Vehicle Code or a 
24 similar provision of a local ordinance, unless the 
25 arrest or charge is for a misdemeanor violation of 
26 subsection (a) of Section 11-503 or a similar provision 
 
 
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1 of a local ordinance, that occurred prior to the 
2 offender reaching the age of 25 years and the offender 
3 has no other conviction for violating Section 11-501 or 
4 11-503 of the Illinois Vehicle Code or a similar 
5 provision of a local ordinance.
6   (B) (blank). the sealing or expungement of records 
7 of minor traffic offenses (as defined in subsection 
8 (a)(1)(G)), unless the petitioner was arrested and 
9 released without charging.
10   (C) the sealing of the records of arrests or 
11 charges not initiated by arrest which result in an 
12 order of supervision or a conviction for the following 
13 offenses:
14    (i) offenses included in Article 11 of the 
15 Criminal Code of 1961 or the Criminal Code of 2012 
16 or a similar provision of a local ordinance, except 
17 Section 11-14 of the Criminal Code of 1961 or the 
18 Criminal Code of 2012, or a similar provision of a 
19 local ordinance;
20    (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, 
21 26-5, or 48-1 of the Criminal Code of 1961 or the 
22 Criminal Code of 2012, or a similar provision of a 
23 local ordinance;
24    (iii) Sections 12-3.1 or 12-3.2 of the 
25 Criminal Code of 1961 or the Criminal Code of 2012, 
26 or Section 125 of the Stalking No Contact Order 
 
 
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1 Act, or Section 219 of the Civil No Contact Order 
2 Act, or a similar provision of a local ordinance;
3    (iv) offenses which are Class A misdemeanors 
4 under the Humane Care for Animals Act; or
5    (v) any offense or attempted offense that 
6 would subject a person to registration under the 
7 Sex Offender Registration Act.
8   (D) the sealing of the records of an arrest which 
9 results in
the petitioner being charged with a felony 
10 offense or records of a charge not initiated by arrest 
11 for a felony offense unless:
12    (i) the charge is amended to a misdemeanor and 
13 is otherwise
eligible to be sealed pursuant to 
14 subsection (c);
15    (ii) the charge is brought along with another 
16 charge as a part of one case and the charge results 
17 in acquittal, dismissal, or conviction when the 
18 conviction was reversed or vacated, and another 
19 charge brought in the same case results in a 
20 disposition for a misdemeanor offense that is 
21 eligible to be sealed pursuant to subsection (c) or 
22 a disposition listed in paragraph (i), (iii), or 
23 (iv) of this subsection; 
24    (iii) the charge results in first offender 
25 probation as set forth in subsection (c)(2)(E);
26    (iv) the charge is for a felony offense listed 
 
 
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1 in subsection (c)(2)(F) or the charge is amended to 
2 a felony offense listed in subsection (c)(2)(F);
3    (v) the charge results in acquittal, 
4 dismissal, or the petitioner's release without 
5 conviction; or
6    (vi) the charge results in a conviction, but 
7 the conviction was reversed or vacated. 
8 (b) Expungement.
9  (1) A petitioner may petition the circuit court to 
10 expunge the
records of petitioner's his or her arrests, and 
11 charges not initiated by arrest, and convictions when:
12   (A) Each arrest or charge initiated by arrest 
13 resulted in a conviction for misdemeanor offenses or 
14 first offender probation, not otherwise excluded for 
15 expungement in subsection (a)(2) He or she has never 
16 been convicted of a criminal offense; and
17   (B) Each arrest or charge not initiated by arrest

18 sought to be expunged resulted in:
(i) acquittal, 
19 dismissal, or the petitioner's release without 
20 charging, unless excluded by subsection (a)(3)(B);

21 (ii) a conviction which was vacated or reversed, unless 
22 excluded by subsection (a)(3)(B);
(iii) an order of 
23 supervision and such supervision was successfully 
24 completed by the petitioner, unless excluded by 
25 subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of 
26 qualified probation (as defined in subsection 
 
 
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1 (a)(1)(J)) and such probation was successfully 
2 completed by the petitioner.
3  (2) Time frame for filing a petition to expunge.
4   (A) When the arrest or charge not initiated by 
5 arrest sought to be expunged resulted in an acquittal, 
6 dismissal, the petitioner's release without charging, 
7 or the reversal or vacation of a conviction, there is 
8 no waiting period to petition for the expungement of 
9 such records.
10   (B) When the arrest or charge not initiated by 
11 arrest
sought to be expunged resulted in an order of 
12 supervision, successfully
completed by the petitioner, 
13 the following time frames will apply:
14    (i) Those arrests or charges that resulted in 
15 orders of
supervision under Section 3-707, 3-708, 
16 3-710, or 5-401.3 of the Illinois Vehicle Code or a 
17 similar provision of a local ordinance, or under 
18 Section 11-1.50, 12-3.2, or 12-15 of the Criminal 
19 Code of 1961 or the Criminal Code of 2012, or a 
20 similar provision of a local ordinance, shall not 
21 be eligible for expungement until 5 years have 
22 passed following the satisfactory termination of 
23 the supervision.
24    (i-5) Those arrests or charges that resulted 
25 in orders of supervision for a misdemeanor 
26 violation of subsection (a) of Section 11-503 of 
 
 
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1 the Illinois Vehicle Code or a similar provision of 
2 a local ordinance, that occurred prior to the 
3 offender reaching the age of 25 years and the 
4 offender has no other conviction for violating 
5 Section 11-501 or 11-503 of the Illinois Vehicle 
6 Code or a similar provision of a local ordinance 
7 shall not be eligible for expungement until the 
8 satisfactory termination of the supervision 
9 petitioner has reached the age of 25 years. 
10    (ii) Those arrests or charges that resulted in 
11 orders
of supervision for any other offenses shall 
12 not be
eligible for expungement until 2 years have 
13 passed
following the satisfactory termination of 
14 the supervision.
15   (C) When the arrest or charge not initiated by 
16 arrest sought to
be expunged resulted in an order of 
17 qualified probation, successfully
completed by the 
18 petitioner, such records shall not be eligible for

19 expungement until 5 years have passed following the 
20 satisfactory
termination of the probation.
21  (3) Those records maintained by the Department for

22 persons arrested prior to their 17th birthday shall be

23 expunged as provided in Section 5-915 of the Juvenile Court

24 Act of 1987.
25  (4) Whenever a person has been arrested for or 
26 convicted of any
offense, in the name of a person whose 
 
 
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1 identity he or she has stolen or otherwise
come into 
2 possession of, the aggrieved person from whom the identity

3 was stolen or otherwise obtained without authorization,

4 upon learning of the person having been arrested using his

5 or her identity, may, upon verified petition to the chief 
6 judge of
the circuit wherein the arrest was made, have a 
7 court order
entered nunc pro tunc by the Chief Judge to 
8 correct the
arrest record, conviction record, if any, and 
9 all official
records of the arresting authority, the 
10 Department, other
criminal justice agencies, the 
11 prosecutor, and the trial
court concerning such arrest, if 
12 any, by removing his or her name
from all such records in 
13 connection with the arrest and
conviction, if any, and by 
14 inserting in the records the
name of the offender, if known 
15 or ascertainable, in lieu of
the aggrieved's name. The 
16 records of the circuit court clerk shall be sealed until 
17 further order of
the court upon good cause shown and the 
18 name of the
aggrieved person obliterated on the official 
19 index
required to be kept by the circuit court clerk under

20 Section 16 of the Clerks of Courts Act, but the order shall

21 not affect any index issued by the circuit court clerk

22 before the entry of the order. Nothing in this Section

23 shall limit the Department of State Police or other

24 criminal justice agencies or prosecutors from listing

25 under an offender's name the false names he or she has

26 used.
 
 
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1  (5) Whenever a person has been convicted of criminal

2 sexual assault, aggravated criminal sexual assault,

3 predatory criminal sexual assault of a child, criminal

4 sexual abuse, or aggravated criminal sexual abuse, the

5 victim of that offense may request that the State's

6 Attorney of the county in which the conviction occurred

7 file a verified petition with the presiding trial judge at

8 the petitioner's trial to have a court order entered to 
9 seal
the records of the circuit court clerk in connection

10 with the proceedings of the trial court concerning that

11 offense. However, the records of the arresting authority

12 and the Department of State Police concerning the offense

13 shall not be sealed. The court, upon good cause shown,

14 shall make the records of the circuit court clerk in

15 connection with the proceedings of the trial court

16 concerning the offense available for public inspection.
17  (6) If a conviction has been set aside on direct review

18 or on collateral attack and the court determines by clear

19 and convincing evidence that the petitioner was factually

20 innocent of the charge, the court that finds the petitioner 
21 factually innocent of the charge shall enter an
expungement 
22 order for the conviction for which the petitioner has been 
23 determined to be innocent as provided in subsection (b) of 
24 Section
5-5-4 of the Unified Code of Corrections.
25  (7) Nothing in this Section shall prevent the 
26 Department of
State Police from maintaining all records of 
 
 
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1 any person who
is admitted to probation upon terms and 
2 conditions and who
fulfills those terms and conditions 
3 pursuant to Section 10
of the Cannabis Control Act, Section 
4 410 of the Illinois
Controlled Substances Act, Section 70 
5 of the
Methamphetamine Control and Community Protection 
6 Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of 
7 Corrections, Section 12-4.3 or subdivision (b)(1) of 
8 Section 12-3.05 of the Criminal Code of 1961 or the 
9 Criminal Code of 2012, Section 10-102
of the Illinois 
10 Alcoholism and Other Drug Dependency Act,
Section 40-10 of 
11 the Alcoholism and Other Drug Abuse and
Dependency Act, or 
12 Section 10 of the Steroid Control Act.
13  (8) If the petitioner has been granted a certificate of 
14 innocence under Section 2-702 of the Code of Civil 
15 Procedure, the court that grants the certificate of 
16 innocence shall also enter an order expunging the 
17 conviction for which the petitioner has been determined to 
18 be innocent as provided in subsection (h) of Section 2-702 
19 of the Code of Civil Procedure.
20 (c) Sealing.
21  (1) Applicability. Notwithstanding any other provision 
22 of this Act to the contrary, and cumulative with any rights 
23 to expungement of criminal records, this subsection 
24 authorizes the sealing of criminal records of adults and of 
25 minors prosecuted as adults.
26  (1.5) Mandatory Records. The following records must be 
 
 
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1 ordered sealed by the court upon completion of the legal 
2 proceedings, completion of supervision, and completion of 
3 any incarceration:
4   (A) All arrests resulting in release without 
5 charging; and
6   (B) Arrests or charges not initiated by arrest 
7 resulting in acquittal, dismissal, or conviction when 
8 the conviction was reversed or vacated, except as 
9 excluded by subsection (a)(3)(B); 
10  (2) Eligible Records. The following records may be 
11 sealed:
12   (A) (Blank); All arrests resulting in release 
13 without charging;
14   (B) (Blank); Arrests or charges not initiated by 
15 arrest resulting in acquittal, dismissal, or 
16 conviction when the conviction was reversed or 
17 vacated, except as excluded by subsection (a)(3)(B);
18   (C) Arrests or charges not initiated by arrest 
19 resulting in orders of supervision, including orders 
20 of supervision for municipal ordinance violations, 
21 successfully completed by the petitioner, unless 
22 excluded by subsection (a)(3);
23   (D) Arrests or charges not initiated by arrest 
24 resulting in convictions, including convictions on 
25 municipal ordinance violations, unless excluded by 
26 subsection (a)(3);
 
 
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1   (E) Arrests or charges not initiated by arrest 
2 resulting in orders of first offender probation under 
3 Section 10 of the Cannabis Control Act, Section 410 of 
4 the Illinois Controlled Substances Act, Section 70 of 
5 the Methamphetamine Control and Community Protection 
6 Act, or Section 5-6-3.3 of the Unified Code of 
7 Corrections; and
8   (F) Arrests or charges not initiated by arrest 
9 resulting in felony convictions for the following 
10 offenses:
11    (i) Class 4 felony convictions for: 
12     Prostitution under Section 11-14 of the 
13 Criminal Code of 1961 or the Criminal Code of 
14 2012. 
15     Possession of cannabis under Section 4 of 
16 the Cannabis Control Act. 
17     Possession of a controlled substance under 
18 Section 402 of the Illinois Controlled 
19 Substances Act. 
20     Offenses under the Methamphetamine 
21 Precursor Control Act. 
22     Offenses under the Steroid Control Act. 
23     Theft under Section 16-1 of the Criminal 
24 Code of 1961 or the Criminal Code of 2012. 
25     Retail theft under Section 16A-3 or 
26 paragraph (a) of 16-25 of the Criminal Code of 
 
 
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1 1961 or the Criminal Code of 2012. 
2     Deceptive practices under Section 17-1 of 
3 the Criminal Code of 1961 or the Criminal Code 
4 of 2012. 
5     Forgery under Section 17-3 of the Criminal 
6 Code of 1961 or the Criminal Code of 2012. 
7     Possession of burglary tools under Section 
8 19-2 of the Criminal Code of 1961 or the 
9 Criminal Code of 2012. 
10   (ii) Class 3 felony convictions for: 
11     Theft under Section 16-1 of the Criminal 
12 Code of 1961 or the Criminal Code of 2012. 
13     Retail theft under Section 16A-3 or 
14 paragraph (a) of 16-25 of the Criminal Code of 
15 1961 or the Criminal Code of 2012. 
16     Deceptive practices under Section 17-1 of 
17 the Criminal Code of 1961 or the Criminal Code 
18 of 2012. 
19     Forgery under Section 17-3 of the Criminal 
20 Code of 1961 or the Criminal Code of 2012. 
21     Possession with intent to manufacture or 
22 deliver a controlled substance under Section 
23 401 of the Illinois Controlled Substances Act. 
24    (iii) Class 4, Class 3, Class 2, and Class 1 
25 felonies under Sections 5 and 8 of the Cannabis 
26 Control Act, unlawful use of weapons under Section 
 
 
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1 24-1 of the Criminal Code of 2012, unlawful 
2 possession of firearms and firearm ammunition 
3 under Section 24-3 of the Criminal Code of 2012, 
4 possession of drug paraphernalia under Section 3.5 
5 of the Drug Paraphernalia Control Act. 
6  (3) When Records Are Eligible to Be Sealed. Records 
7 identified as eligible under subsection (c)(1.5) or (c)(2) 
8 may be sealed as follows:
9   (A) Records identified as eligible under 
10 subsection (c)(1.5) must (c)(2)(A) and (c)(2)(B) may 
11 be sealed upon completion of the legal proceedings, 
12 completion of supervision and completion of any 
13 incarceration at any time.
14   (B) Except as otherwise provided in subparagraph 
15 (E) of this paragraph (3), records identified as 
16 eligible under subsection (c)(2)(C) may be sealed
2 
17 years after the termination of petitioner's last 
18 sentence (as defined in subsection (a)(1)(F)).
19   (C) Except as otherwise provided in subparagraph 
20 (E) of this paragraph (3), records identified as 
21 eligible under subsections (c)(2)(D), (c)(2)(E), and 
22 (c)(2)(F) may be sealed 3 years after the termination 
23 of the petitioner's last sentence (as defined in 
24 subsection (a)(1)(F)).
25   (D) Records identified in subsection 
26 (a)(3)(A)(iii) may be sealed after the petitioner has 
 
 
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1 reached the age of 25 years or 2 years, whichever 
2 duration is less. 
3   (E) Records identified as eligible under 
4 subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or 
5 (c)(2)(F) may be sealed upon termination of the 
6 petitioner's last sentence if the petitioner earned a 
7 high school diploma, associate's degree, career 
8 certificate, vocational technical certification, or 
9 bachelor's degree, or passed the high school level Test 
10 of General Educational Development, during the period 
11 of his or her sentence, aftercare release, or mandatory 
12 supervised release. This subparagraph shall apply only 
13 to a petitioner who has not completed the same 
14 educational goal prior to the period of his or her 
15 sentence, aftercare release, or mandatory supervised 
16 release. If a petition for sealing eligible records 
17 filed under this subparagraph is denied by the court, 
18 the time periods under subparagraph (B) or (C) shall 
19 apply to any subsequent petition for sealing filed by 
20 the petitioner.
21  (4) Subsequent felony convictions. A person may not 
22 have
subsequent felony conviction records sealed as 
23 provided in this subsection
(c) if he or she is convicted 
24 of any felony offense after the date of the
sealing of 
25 prior felony convictions as provided in this subsection 
26 (c). The court may, upon conviction for a subsequent felony 
 
 
HB6572- 22 -LRB099 21635 RLC 48106 b


1 offense, order the unsealing of prior felony conviction 
2 records previously ordered sealed by the court. Subsequent 
3 felony conviction records set forth in subsection (c) shall 
4 be sealed. 
5  (5) Notice of eligibility for sealing. Upon entry of a 
6 disposition for an eligible record under this subsection 
7 (c), the petitioner shall be informed by the court of the 
8 right to have the records sealed and the procedures for the 
9 sealing of the records.
10 (d) Procedure. The following procedures apply to 
11expungement under subsections (b), (e), and (e-6) and sealing 
12under subsections (c) and (e-5):
13  (1) Filing the petition. Upon becoming eligible to 
14 petition for
the expungement or sealing of records under 
15 this Section, the petitioner shall file a petition 
16 requesting the expungement
or sealing of records with the 
17 clerk of the court where the arrests occurred or the 
18 charges were brought, or both. If arrests occurred or 
19 charges were brought in multiple jurisdictions, a petition 
20 must be filed in each such jurisdiction. The petitioner 
21 shall pay the applicable fee, if not waived.
22  (2) Contents of petition. The petition shall be

23 verified and shall contain the petitioner's name, date of

24 birth, current address and, for each arrest or charge not 
25 initiated by
arrest sought to be sealed or expunged, the 
26 case number, the date of
arrest (if any), the identity of 
 
 
HB6572- 23 -LRB099 21635 RLC 48106 b


1 the arresting authority, and such
other information as the 
2 court may require. During the pendency
of the proceeding, 
3 the petitioner shall promptly notify the
circuit court 
4 clerk of any change of his or her address. If the 
5 petitioner has received a certificate of eligibility for 
6 sealing from the Prisoner Review Board under paragraph (10) 
7 of subsection (a) of Section 3-3-2 of the Unified Code of 
8 Corrections, the certificate shall be attached to the 
9 petition.
10  (3) Drug test. The petitioner must attach to the 
11 petition proof that the petitioner has passed a test taken 
12 within 30 days before the filing of the petition showing 
13 the absence within his or her body of all illegal 
14 substances as defined by the Illinois Controlled 
15 Substances Act, the Methamphetamine Control and Community 
16 Protection Act, and the Cannabis Control Act if he or she 
17 is petitioning to:
18   (A) seal felony records under clause (c)(2)(E);
19   (B) seal felony records for a violation of the 
20 Illinois Controlled Substances Act, the 
21 Methamphetamine Control and Community Protection Act, 
22 or the Cannabis Control Act under clause (c)(2)(F);
23   (C) seal felony records under subsection (e-5); or 
24   (D) expunge felony records of a qualified 
25 probation under clause (b)(1)(B)(iv).
26  (4) Service of petition. The circuit court clerk shall 
 
 
HB6572- 24 -LRB099 21635 RLC 48106 b


1 promptly
serve a copy of the petition and documentation to 
2 support the petition under subsection (e-5) or (e-6) on the 
3 State's Attorney or
prosecutor charged with the duty of 
4 prosecuting the
offense, the Department of State Police, 
5 the arresting
agency and the chief legal officer of the 
6 unit of local
government effecting the arrest.
7  (5) Objections.
8   (A) Any party entitled to notice of the petition 
9 may file an objection to the petition. All objections 
10 shall be in writing, shall be filed with the circuit 
11 court clerk, and shall state with specificity the basis 
12 of the objection. Whenever a person who has been 
13 convicted of an offense is granted
a pardon by the 
14 Governor which specifically authorizes expungement, an 
15 objection to the petition may not be filed.
16   (B) Objections to a petition to expunge or seal 
17 must be filed within 60 days of the date of service of 
18 the petition.
19  (6) Entry of order.
20   (A) The Chief Judge of the circuit wherein the 
21 charge was brought, any judge of that circuit 
22 designated by the Chief Judge, or in counties of less 
23 than 3,000,000 inhabitants, the presiding trial judge 
24 at the petitioner's trial, if any, shall rule on the 
25 petition to expunge or seal as set forth in this 
26 subsection (d)(6).
 
 
HB6572- 25 -LRB099 21635 RLC 48106 b


1   (B) Unless the State's Attorney or prosecutor, the 
2 Department of
State Police, the arresting agency, or 
3 the chief legal officer
files an objection to the 
4 petition to expunge or seal within 60 days from the 
5 date of service of the petition, the court shall enter 
6 an order granting or denying the petition.
7  (7) Hearings. If an objection is filed, the court shall 
8 set a date for a hearing and notify the petitioner and all 
9 parties entitled to notice of the petition of the hearing 
10 date at least 30 days prior to the hearing. Prior to the 
11 hearing, the State's Attorney shall consult with the 
12 Department as to the appropriateness of the relief sought 
13 in the petition to expunge or seal. At the hearing, the 
14 court shall hear evidence on whether the petition should or 
15 should not be granted, and shall grant or deny the petition 
16 to expunge or seal the records based on the evidence 
17 presented at the hearing. The court may consider the 
18 following:
19   (A) the strength of the evidence supporting the 
20 defendant's conviction; 
21   (B) the reasons for retention of the conviction 
22 records by the State; 
23   (C) the petitioner's age, criminal record history, 
24 and employment history; 
25   (D) the period of time between the petitioner's 
26 arrest on the charge resulting in the conviction and 
 
 
HB6572- 26 -LRB099 21635 RLC 48106 b


1 the filing of the petition under this Section; and 
2   (E) the specific adverse consequences the 
3 petitioner may be subject to if the petition is denied. 
4  (8) Service of order. After entering an order to 
5 expunge or
seal records, the court must provide copies of 
6 the order to the
Department, in a form and manner 
7 prescribed by the Department,
to the petitioner, to the 
8 State's Attorney or prosecutor
charged with the duty of 
9 prosecuting the offense, to the
arresting agency, to the 
10 chief legal officer of the unit of
local government 
11 effecting the arrest, and to such other
criminal justice 
12 agencies as may be ordered by the court.
13  (9) Implementation of order.
14   (A) Upon entry of an order to expunge records 
15 pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
16    (i) the records shall be expunged (as defined 
17 in subsection (a)(1)(E)) by the arresting agency, 
18 the Department, and any other agency as ordered by 
19 the court, within 60 days of the date of service of 
20 the order, unless a motion to vacate, modify, or 
21 reconsider the order is filed pursuant to 
22 paragraph (12) of subsection (d) of this Section;
23    (ii) the records of the circuit court clerk 
24 shall be impounded until further order of the court 
25 upon good cause shown and the name of the 
26 petitioner obliterated on the official index 
 
 
HB6572- 27 -LRB099 21635 RLC 48106 b


1 required to be kept by the circuit court clerk 
2 under Section 16 of the Clerks of Courts Act, but 
3 the order shall not affect any index issued by the 
4 circuit court clerk before the entry of the order; 
5 and
6    (iii) in response to an inquiry for expunged 
7 records, the court, the Department, or the agency 
8 receiving such inquiry, shall reply as it does in 
9 response to inquiries when no records ever 
10 existed.
11   (B) Upon entry of an order to expunge records 
12 pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
13    (i) the records shall be expunged (as defined 
14 in subsection (a)(1)(E)) by the arresting agency 
15 and any other agency as ordered by the court, 
16 within 60 days of the date of service of the order, 
17 unless a motion to vacate, modify, or reconsider 
18 the order is filed pursuant to paragraph (12) of 
19 subsection (d) of this Section;
20    (ii) the records of the circuit court clerk 
21 shall be impounded until further order of the court 
22 upon good cause shown and the name of the 
23 petitioner obliterated on the official index 
24 required to be kept by the circuit court clerk 
25 under Section 16 of the Clerks of Courts Act, but 
26 the order shall not affect any index issued by the 
 
 
HB6572- 28 -LRB099 21635 RLC 48106 b


1 circuit court clerk before the entry of the order;
2    (iii) the records shall be impounded by the

3 Department within 60 days of the date of service of 
4 the order as ordered by the court, unless a motion 
5 to vacate, modify, or reconsider the order is filed 
6 pursuant to paragraph (12) of subsection (d) of 
7 this Section;
8    (iv) records impounded by the Department may 
9 be disseminated by the Department only as required 
10 by law or to the arresting authority, the State's 
11 Attorney, and the court upon a later arrest for the 
12 same or a similar offense or for the purpose of 
13 sentencing for any subsequent felony, and to the 
14 Department of Corrections upon conviction for any 
15 offense; and
16    (v) in response to an inquiry for such records 
17 from anyone not authorized by law to access such 
18 records, the court, the Department, or the agency 
19 receiving such inquiry shall reply as it does in 
20 response to inquiries when no records ever 
21 existed.
22   (B-5) Upon entry of an order to expunge records 
23 under subsection (e-6):
24    (i) the records shall be expunged (as defined 
25 in subsection (a)(1)(E)) by the arresting agency 
26 and any other agency as ordered by the court, 
 
 
HB6572- 29 -LRB099 21635 RLC 48106 b


1 within 60 days of the date of service of the order, 
2 unless a motion to vacate, modify, or reconsider 
3 the order is filed under paragraph (12) of 
4 subsection (d) of this Section;
5    (ii) the records of the circuit court clerk 
6 shall be impounded until further order of the court 
7 upon good cause shown and the name of the 
8 petitioner obliterated on the official index 
9 required to be kept by the circuit court clerk 
10 under Section 16 of the Clerks of Courts Act, but 
11 the order shall not affect any index issued by the 
12 circuit court clerk before the entry of the order;
13    (iii) the records shall be impounded by the

14 Department within 60 days of the date of service of 
15 the order as ordered by the court, unless a motion 
16 to vacate, modify, or reconsider the order is filed 
17 under paragraph (12) of subsection (d) of this 
18 Section;
19    (iv) records impounded by the Department may 
20 be disseminated by the Department only as required 
21 by law or to the arresting authority, the State's 
22 Attorney, and the court upon a later arrest for the 
23 same or a similar offense or for the purpose of 
24 sentencing for any subsequent felony, and to the 
25 Department of Corrections upon conviction for any 
26 offense; and
 
 
HB6572- 30 -LRB099 21635 RLC 48106 b


1    (v) in response to an inquiry for these records 
2 from anyone not authorized by law to access the 
3 records, the court, the Department, or the agency 
4 receiving the inquiry shall reply as it does in 
5 response to inquiries when no records ever 
6 existed. 
7   (C) Upon entry of an order to seal records under 
8 subsection
(c), the arresting agency, any other agency 
9 as ordered by the court, the Department, and the court 
10 shall seal the records (as defined in subsection 
11 (a)(1)(K)). In response to an inquiry for such records, 
12 from anyone not authorized by law to access such 
13 records, the court, the Department, or the agency 
14 receiving such inquiry shall reply as it does in 
15 response to inquiries when no records ever existed.
16   (D) The Department shall send written notice to the 
17 petitioner of its compliance with each order to expunge 
18 or seal records within 60 days of the date of service 
19 of that order or, if a motion to vacate, modify, or 
20 reconsider is filed, within 60 days of service of the 
21 order resolving the motion, if that order requires the 
22 Department to expunge or seal records. In the event of 
23 an appeal from the circuit court order, the Department 
24 shall send written notice to the petitioner of its 
25 compliance with an Appellate Court or Supreme Court 
26 judgment to expunge or seal records within 60 days of 
 
 
HB6572- 31 -LRB099 21635 RLC 48106 b


1 the issuance of the court's mandate. The notice is not 
2 required while any motion to vacate, modify, or 
3 reconsider, or any appeal or petition for 
4 discretionary appellate review, is pending. 
5  (10) Fees. The Department may charge the petitioner a 
6 fee equivalent to the cost of processing any order to 
7 expunge or seal records. Notwithstanding any provision of 
8 the Clerks of Courts Act to the contrary, the circuit court 
9 clerk may charge a fee equivalent to the cost associated 
10 with the sealing or expungement of records by the circuit 
11 court clerk. From the total filing fee collected for the 
12 petition to seal or expunge, the circuit court clerk shall 
13 deposit $10 into the Circuit Court Clerk Operation and 
14 Administrative Fund, to be used to offset the costs 
15 incurred by the circuit court clerk in performing the 
16 additional duties required to serve the petition to seal or 
17 expunge on all parties. The circuit court clerk shall 
18 collect and forward the Department of State Police portion 
19 of the fee to the Department and it shall be deposited in 
20 the State Police Services Fund.
21  (11) Final Order. No court order issued under the 
22 expungement or sealing provisions of this Section shall 
23 become final for purposes of appeal until 30 days after 
24 service of the order on the petitioner and all parties 
25 entitled to notice of the petition.
26  (12) Motion to Vacate, Modify, or Reconsider. Under 
 
 
HB6572- 32 -LRB099 21635 RLC 48106 b


1 Section 2-1203 of the Code of Civil Procedure, the 
2 petitioner or any party entitled to notice may file a 
3 motion to vacate, modify, or reconsider the order granting 
4 or denying the petition to expunge or seal within 60 days 
5 of service of the order. If filed more than 60 days after 
6 service of the order, a petition to vacate, modify, or 
7 reconsider shall comply with subsection (c) of Section 
8 2-1401 of the Code of Civil Procedure. Upon filing of a 
9 motion to vacate, modify, or reconsider, notice of the 
10 motion shall be served upon the petitioner and all parties 
11 entitled to notice of the petition. 
12  (13) Effect of Order. An order granting a petition 
13 under the expungement or sealing provisions of this Section 
14 shall not be considered void because it fails to comply 
15 with the provisions of this Section or because of any error 
16 asserted in a motion to vacate, modify, or reconsider. The 
17 circuit court retains jurisdiction to determine whether 
18 the order is voidable and to vacate, modify, or reconsider 
19 its terms based on a motion filed under paragraph (12) of 
20 this subsection (d).
21  (14) Compliance with Order Granting Petition to Seal 
22 Records. Unless a court has entered a stay of an order 
23 granting a petition to seal, all parties entitled to notice 
24 of the petition must fully comply with the terms of the 
25 order within 60 days of service of the order even if a 
26 party is seeking relief from the order through a motion 
 
 
HB6572- 33 -LRB099 21635 RLC 48106 b


1 filed under paragraph (12) of this subsection (d) or is 
2 appealing the order.
3  (15) Compliance with Order Granting Petition to 
4 Expunge Records. While a party is seeking relief from the 
5 order granting the petition to expunge through a motion 
6 filed under paragraph (12) of this subsection (d) or is 
7 appealing the order, and unless a court has entered a stay 
8 of that order, the parties entitled to notice of the 
9 petition must seal, but need not expunge, the records until 
10 there is a final order on the motion for relief or, in the 
11 case of an appeal, the issuance of that court's mandate.
12  (16) The changes to this subsection (d) made by Public 
13 Act 98-163 apply to all petitions pending on August 5, 2013 
14 (the effective date of Public Act 98-163) and to all orders 
15 ruling on a petition to expunge or seal on or after August 
16 5, 2013 (the effective date of Public Act 98-163). 
17 (e) Whenever a person who has been convicted of an offense 
18is granted
a pardon by the Governor which specifically 
19authorizes expungement, he or she may,
upon verified petition 
20to the Chief Judge of the circuit where the person had
been 
21convicted, any judge of the circuit designated by the Chief 
22Judge, or in
counties of less than 3,000,000 inhabitants, the 
23presiding trial judge at the
defendant's trial, have a court 
24order entered expunging the record of
arrest from the official 
25records of the arresting authority and order that the
records 
26of the circuit court clerk and the Department be sealed until

 
 
HB6572- 34 -LRB099 21635 RLC 48106 b


1further order of the court upon good cause shown or as 
2otherwise provided
herein, and the name of the defendant 
3obliterated from the official index
requested to be kept by the 
4circuit court clerk under Section 16 of the Clerks
of Courts 
5Act in connection with the arrest and conviction for the 
6offense for
which he or she had been pardoned but the order 
7shall not affect any index issued by
the circuit court clerk 
8before the entry of the order. All records sealed by
the 
9Department may be disseminated by the Department only to the 
10arresting authority, the State's Attorney, and the court upon a 
11later
arrest for the same or similar offense or for the purpose 
12of sentencing for any
subsequent felony. Upon conviction for 
13any subsequent offense, the Department
of Corrections shall 
14have access to all sealed records of the Department
pertaining 
15to that individual. Upon entry of the order of expungement, the

16circuit court clerk shall promptly mail a copy of the order to 
17the
person who was pardoned.
18 (e-5) Whenever a person who has been convicted of an 
19offense is granted a certificate of eligibility for sealing by 
20the Prisoner Review Board which specifically authorizes 
21sealing, he or she may, upon verified petition to the Chief 
22Judge of the circuit where the person had been convicted, any 
23judge of the circuit designated by the Chief Judge, or in 
24counties of less than 3,000,000 inhabitants, the presiding 
25trial judge at the petitioner's trial, have a court order 
26entered sealing the record of arrest from the official records 
 
 
HB6572- 35 -LRB099 21635 RLC 48106 b


1of the arresting authority and order that the records of the 
2circuit court clerk and the Department be sealed until further 
3order of the court upon good cause shown or as otherwise 
4provided herein, and the name of the petitioner obliterated 
5from the official index requested to be kept by the circuit 
6court clerk under Section 16 of the Clerks of Courts Act in 
7connection with the arrest and conviction for the offense for 
8which he or she had been granted the certificate but the order 
9shall not affect any index issued by the circuit court clerk 
10before the entry of the order. All records sealed by the 
11Department may be disseminated by the Department only as 
12required by this Act or to the arresting authority, a law 
13enforcement agency, the State's Attorney, and the court upon a 
14later arrest for the same or similar offense or for the purpose 
15of sentencing for any subsequent felony. Upon conviction for 
16any subsequent offense, the Department of Corrections shall 
17have access to all sealed records of the Department pertaining 
18to that individual. Upon entry of the order of sealing, the 
19circuit court clerk shall promptly mail a copy of the order to 
20the person who was granted the certificate of eligibility for 
21sealing. 
22 (e-6) Whenever a person who has been convicted of an 
23offense is granted a certificate of eligibility for expungement 
24by the Prisoner Review Board which specifically authorizes 
25expungement, he or she may, upon verified petition to the Chief 
26Judge of the circuit where the person had been convicted, any 
 
 
HB6572- 36 -LRB099 21635 RLC 48106 b


1judge of the circuit designated by the Chief Judge, or in 
2counties of less than 3,000,000 inhabitants, the presiding 
3trial judge at the petitioner's trial, have a court order 
4entered expunging the record of arrest from the official 
5records of the arresting authority and order that the records 
6of the circuit court clerk and the Department be sealed until 
7further order of the court upon good cause shown or as 
8otherwise provided herein, and the name of the petitioner 
9obliterated from the official index requested to be kept by the 
10circuit court clerk under Section 16 of the Clerks of Courts 
11Act in connection with the arrest and conviction for the 
12offense for which he or she had been granted the certificate 
13but the order shall not affect any index issued by the circuit 
14court clerk before the entry of the order. All records sealed 
15by the Department may be disseminated by the Department only as 
16required by this Act or to the arresting authority, a law 
17enforcement agency, the State's Attorney, and the court upon a 
18later arrest for the same or similar offense or for the purpose 
19of sentencing for any subsequent felony. Upon conviction for 
20any subsequent offense, the Department of Corrections shall 
21have access to all expunged records of the Department 
22pertaining to that individual. Upon entry of the order of 
23expungement, the circuit court clerk shall promptly mail a copy 
24of the order to the person who was granted the certificate of 
25eligibility for expungement. 
26 (f) Subject to available funding, the Illinois Department

 
 
HB6572- 37 -LRB099 21635 RLC 48106 b


1of Corrections shall conduct a study of the impact of sealing,

2especially on employment and recidivism rates, utilizing a

3random sample of those who apply for the sealing of their

4criminal records under Public Act 93-211. At the request of the

5Illinois Department of Corrections, records of the Illinois

6Department of Employment Security shall be utilized as

7appropriate to assist in the study. The study shall not

8disclose any data in a manner that would allow the

9identification of any particular individual or employing unit.

10The study shall be made available to the General Assembly no

11later than September 1, 2010.

12(Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163, 
13eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635, 
14eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14; 
1598-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; 
1699-385, eff. 1-1-16; revised 10-15-15.)


17 Section 15. The Metropolitan Transit Authority Act is 
18amended by changing Section 28b as follows:




19 (70 ILCS 3605/28b) (from Ch. 111 2/3, par. 328b)



20 Sec. 28b. Any person applying for a position as a driver of 
21a vehicle
owned by a private carrier company which provides 
22public transportation
pursuant to an agreement with the 
23Authority shall be required to
authorize an investigation by 
24the private carrier company to determine if
the applicant has 
 
 
HB6572- 38 -LRB099 21635 RLC 48106 b


1been convicted of any of the following offenses: (i) those

2offenses defined in Sections 9-1, 9-1.2, 10-1, 10-2, 10-3.1, 
310-4, 10-5,
10-6, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 
411-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 
511-16, 11-17, 11-18, 11-19,
11-19.1, 11-19.2, 11-20, 11-20.1, 
611-20.1B, 11-20.3, 11-21, 11-22, 11-30, 12-4.3, 12-4.4, 
712-4.5,
12-6, 12-7.1, 12-11, 12-13, 12-14, 12-14.1,
12-15, 
812-16, 12-16.1, 18-1, 18-2, 19-6, 20-1,
20-1.1, 31A-1, 31A-1.1, 
9and 33A-2, in subsection (a) and subsection (b),
clause (1), of 
10Section 12-4, in subdivisions (a)(1), (b)(1), and (f)(1) of 
11Section 12-3.05, and in subsection (a-5) of Section 12-3.1 of 
12the Criminal Code of 1961 or the Criminal Code of 2012; (ii) 
13those
offenses defined in the Cannabis Control Act except those 
14offenses defined
in subsection subsections (a) and (b) of 
15Section 4, and subsection (a) of Section 5 of
the Cannabis 
16Control Act (iii) those offenses defined in the Illinois

17Controlled Substances Act; (iv) those offenses defined in the 
18Methamphetamine Control and Community Protection Act; and (v) 
19any offense committed or attempted in
any other state or 
20against the laws of the United States, which if
committed or 
21attempted in this State would be punishable as one or more of

22the foregoing offenses. Upon receipt of this authorization, the 
23private
carrier company shall submit the applicant's name, sex, 
24race, date of
birth, fingerprints and social security number to 
25the Department of State
Police on forms prescribed by the 
26Department. The Department of State
Police shall conduct an 
 
 
HB6572- 39 -LRB099 21635 RLC 48106 b


1investigation to ascertain if the applicant
has been convicted 
2of any of the above enumerated offenses. The Department
shall 
3charge the private carrier company a fee for conducting the

4investigation, which fee shall be deposited in the State Police 
5Services
Fund and shall not exceed the cost of the inquiry; and 
6the applicant shall not
be charged a fee for such investigation 
7by the private carrier company.
The Department of State Police 
8shall furnish, pursuant to positive
identification, records of 
9convictions, until expunged, to the private
carrier company 
10which requested the investigation. A copy of the record of

11convictions obtained from the Department shall be provided to 
12the applicant.
Any record of conviction received by the private 
13carrier company shall be
confidential. Any person who releases 
14any confidential information
concerning any criminal 
15convictions of an applicant shall be guilty of a
Class A 
16misdemeanor, unless authorized by this Section.

17(Source: P.A. 96-1551, Article 1, Section 920, eff. 7-1-11; 
1896-1551, Article 2, Section 960, eff. 7-1-11; 97-1108, eff. 
191-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)

20 Section 20. The School Code is amended by changing Section 
2121B-80 as follows:

22 (105 ILCS 5/21B-80)
23 Sec. 21B-80. Conviction of certain offenses as grounds for 
24revocation of license.
 
 
HB6572- 40 -LRB099 21635 RLC 48106 b


1 (a) As used in this Section:
2 "Narcotics offense" means any one or more of the following 
3offenses:
4  (1) Any offense defined in the Cannabis Control Act, 
5 except those defined in subsection subdivisions (a) and (b) 
6 of Section 4 and subsection subdivision (a) of Section 5 of 
7 the Cannabis Control Act and any offense for which the 
8 holder of a license is placed on probation under the 
9 provisions of Section 10 of the Cannabis Control Act, 
10 provided that if the terms and conditions of probation 
11 required by the court are not fulfilled, the offense is not 
12 eligible for this exception.
13  (2) Any offense defined in the Illinois Controlled 
14 Substances Act, except any offense for which the holder of 
15 a license is placed on probation under the provisions of 
16 Section 410 of the Illinois Controlled Substances Act, 
17 provided that if the terms and conditions of probation 
18 required by the court are not fulfilled, the offense is not 
19 eligible for this exception.
20  (3) Any offense defined in the Methamphetamine Control 
21 and Community Protection Act, except any offense for which 
22 the holder of a license is placed on probation under the 
23 provision of Section 70 of that Act, provided that if the 
24 terms and conditions of probation required by the court are 
25 not fulfilled, the offense is not eligible for this 
26 exception.
 
 
HB6572- 41 -LRB099 21635 RLC 48106 b


1  (4) Any attempt to commit any of the offenses listed in 
2 items (1) through (3) of this definition.
3  (5) Any offense committed or attempted in any other 
4 state or against the laws of the United States that, if 
5 committed or attempted in this State, would have been 
6 punishable as one or more of the offenses listed in items 
7 (1) through (4) of this definition.
8The changes made by Public Act 96-431 to the definition of 
9"narcotics offense" are declaratory of existing law.
10 "Sex offense" means any one or more of the following 
11offenses:
12  (A) Any offense defined in Sections 11-6, 11-9 through 
13 11-9.5, inclusive, and 11-30, of the Criminal Code of 1961 
14 or the Criminal Code of 2012; Sections 11-14 through 11-21, 
15 inclusive, of the Criminal Code of 1961 or the Criminal 
16 Code of 2012; Sections 11-23 (if punished as a Class 3 
17 felony), 11-24, 11-25, and 11-26 of the Criminal Code of 
18 1961 or the Criminal Code of 2012; and Sections 11-1.20, 
19 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-4.9, 12-13, 12-14, 
20 12-14.1, 12-15, 12-16, 12-32, 12-33, 12C-45, and 26-4 (if 
21 punished pursuant to subdivision (4) or (5) of subsection 
22 (d) of Section 26-4) of the Criminal Code of 1961 or the 
23 Criminal Code of 2012.
24  (B) Any attempt to commit any of the offenses listed in 
25 item (A) of this definition.
26  (C) Any offense committed or attempted in any other 
 
 
HB6572- 42 -LRB099 21635 RLC 48106 b


1 state that, if committed or attempted in this State, would 
2 have been punishable as one or more of the offenses listed 
3 in items (A) and (B) of this definition.
4 (b) Whenever the holder of any license issued pursuant to 
5this Article has been convicted of any sex offense or narcotics 
6offense, the State Superintendent of Education shall forthwith 
7suspend the license. If the conviction is reversed and the 
8holder is acquitted of the offense in a new trial or the 
9charges against him or her are dismissed, the State 
10Superintendent of Education shall forthwith terminate the 
11suspension of the license. When the conviction becomes final, 
12the State Superintendent of Education shall forthwith revoke 
13the license.
14 (c) Whenever the holder of a license issued pursuant to 
15this Article has been convicted of attempting to commit, 
16conspiring to commit, soliciting, or committing first degree 
17murder or a Class X felony or any offense committed or 
18attempted in any other state or against the laws of the United 
19States that, if committed or attempted in this State, would 
20have been punishable as one or more of the foregoing offenses, 
21the State Superintendent of Education shall forthwith suspend 
22the license. If the conviction is reversed and the holder is 
23acquitted of that offense in a new trial or the charges that he 
24or she committed that offense are dismissed, the State 
25Superintendent of Education shall forthwith terminate the 
26suspension of the license. When the conviction becomes final, 
 
 
HB6572- 43 -LRB099 21635 RLC 48106 b


1the State Superintendent of Education shall forthwith revoke 
2the license.

3(Source: P.A. 99-58, eff. 7-16-15.)

4 Section 25. The Illinois Vehicle Code is amended by 
5changing Sections 6-106.1 and 6-508 as follows:



6 (625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)


7 Sec. 6-106.1. School bus driver permit.

8 (a) The Secretary of State shall issue a school bus driver

9permit to those applicants who have met all the requirements of 
10the
application and screening process under this Section to 
11insure the
welfare and safety of children who are transported 
12on school buses
throughout the State of Illinois. Applicants 
13shall obtain the
proper application required by the Secretary 
14of State from their
prospective or current employer and submit 
15the completed
application to the prospective or current 
16employer along
with the necessary fingerprint submission as 
17required by the
Department of
State Police to conduct 
18fingerprint based criminal background
checks on current and 
19future information available in the state
system and current 
20information available through the Federal Bureau
of 
21Investigation's system. Applicants who have completed the

22fingerprinting requirements shall not be subjected to the

23fingerprinting process when applying for subsequent permits or

24submitting proof of successful completion of the annual 
 
 
HB6572- 44 -LRB099 21635 RLC 48106 b


1refresher
course. Individuals who on July 1, 1995 (the 
2effective date of Public Act 88-612) this Act possess a valid

3school bus driver permit that has been previously issued by the 
4appropriate
Regional School Superintendent are not subject to 
5the fingerprinting
provisions of this Section as long as the 
6permit remains valid and does not
lapse. The applicant shall be 
7required to pay all related
application and fingerprinting fees 
8as established by rule
including, but not limited to, the 
9amounts established by the Department of
State Police and the 
10Federal Bureau of Investigation to process
fingerprint based 
11criminal background investigations. All fees paid for

12fingerprint processing services under this Section shall be 
13deposited into the
State Police Services Fund for the cost 
14incurred in processing the fingerprint
based criminal 
15background investigations. All other fees paid under this

16Section shall be deposited into the Road
Fund for the purpose 
17of defraying the costs of the Secretary of State in

18administering this Section. All applicants must:


19  1. be 21 years of age or older;


20  2. possess a valid and properly classified driver's 
21 license
issued by the Secretary of State;


22  3. possess a valid driver's license, which has not been

23 revoked, suspended, or canceled for 3 years immediately 
24 prior to
the date of application, or have not had his or 
25 her commercial motor vehicle
driving privileges

26 disqualified within the 3 years immediately prior to the 
 
 
HB6572- 45 -LRB099 21635 RLC 48106 b


1 date of application;


2  4. successfully pass a written test, administered by 
3 the
Secretary of State, on school bus operation, school bus 
4 safety, and
special traffic laws relating to school buses 
5 and submit to a review
of the applicant's driving habits by 
6 the Secretary of State at the time the
written test is 
7 given;


8  5. demonstrate ability to exercise reasonable care in 
9 the operation of
school buses in accordance with rules 
10 promulgated by the Secretary of State;


11  6. demonstrate physical fitness to operate school 
12 buses by
submitting the results of a medical examination, 
13 including tests for drug
use for each applicant not subject 
14 to such testing pursuant to
federal law, conducted by a 
15 licensed physician, a licensed advanced practice nurse, or 
16 a licensed physician assistant
within 90 days of the date

17 of application according to standards promulgated by the 
18 Secretary of State;


19  7. affirm under penalties of perjury that he or she has 
20 not made a
false statement or knowingly concealed a 
21 material fact
in any application for permit;


22  8. have completed an initial classroom course, 
23 including first aid
procedures, in school bus driver safety 
24 as promulgated by the Secretary of
State; and after 
25 satisfactory completion of said initial course an annual

26 refresher course; such courses and the agency or 
 
 
HB6572- 46 -LRB099 21635 RLC 48106 b


1 organization conducting such
courses shall be approved by 
2 the Secretary of State; failure to
complete the annual 
3 refresher course, shall result in
cancellation of the 
4 permit until such course is completed;


5  9. not have been under an order of court supervision 
6 for or convicted of 2 or more serious traffic offenses, as

7 defined by rule, within one year prior to the date of 
8 application that may
endanger the life or safety of any of 
9 the driver's passengers within the
duration of the permit 
10 period;


11  10. not have been under an order of court supervision 
12 for or convicted of reckless driving, aggravated reckless 
13 driving, driving while under the influence of alcohol, 
14 other drug or drugs, intoxicating compound or compounds or 
15 any combination thereof, or reckless homicide resulting 
16 from the operation of a motor
vehicle within 3 years of the 
17 date of application;


18  11. not have been convicted of committing or attempting

19 to commit any
one or more of the following offenses: (i) 
20 those offenses defined in
Sections 8-1.2, 9-1, 9-1.2, 9-2, 
21 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1,
10-4,
10-5, 
22 10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40, 
23 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, 
24 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 
25 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 
26 11-19.1,
11-19.2,
11-20, 11-20.1, 11-20.1B, 11-20.3, 
 
 
HB6572- 47 -LRB099 21635 RLC 48106 b


1 11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6, 
2 12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,

3 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.01, 12-6, 12-6.2, 
4 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
12-13, 12-14, 
5 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, 
6 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,

7 18-1,
18-2,
18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, 
8 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 
9 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1, 
10 31A-1.1,
33A-2, and 33D-1, and in subsection (b) of Section 
11 8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1), 
12 (e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and 
13 in subsection (a) and subsection (b), clause (1), of 
14 Section
12-4, and in subsection (A), clauses (a) and (b), 
15 of Section 24-3, and those offenses contained in Article 
16 29D of the Criminal Code of 1961 or the Criminal Code of 
17 2012; (ii) those offenses defined in the
Cannabis Control 
18 Act except those offenses defined in subsection 
19 subsections (a) and
(b) of Section 4, and subsection (a) of 
20 Section 5 of the Cannabis Control
Act; (iii) those offenses 
21 defined in the Illinois Controlled Substances
Act; (iv) 
22 those offenses defined in the Methamphetamine Control and 
23 Community Protection Act; (v) any offense committed or 
24 attempted in any other state or against
the laws of the 
25 United States, which if committed or attempted in this

26 State would be punishable as one or more of the foregoing 
 
 
HB6572- 48 -LRB099 21635 RLC 48106 b


1 offenses; (vi)
the offenses defined in Section 4.1 and 5.1 
2 of the Wrongs to Children Act or Section 11-9.1A of the 
3 Criminal Code of 1961 or the Criminal Code of 2012; (vii) 
4 those offenses defined in Section 6-16 of the Liquor 
5 Control Act of
1934;
and (viii) those offenses defined in 
6 the Methamphetamine Precursor Control Act;

7  12. not have been repeatedly involved as a driver in 
8 motor vehicle
collisions or been repeatedly convicted of 
9 offenses against
laws and ordinances regulating the 
10 movement of traffic, to a degree which
indicates lack of 
11 ability to exercise ordinary and reasonable care in the

12 safe operation of a motor vehicle or disrespect for the 
13 traffic laws and
the safety of other persons upon the 
14 highway;


15  13. not have, through the unlawful operation of a motor

16 vehicle, caused an accident resulting in the death of any 
17 person;


18  14. not have, within the last 5 years, been adjudged to 
19 be
afflicted with or suffering from any mental disability 
20 or disease; and


21  15. consent, in writing, to the release of results of 
22 reasonable suspicion drug and alcohol testing under 
23 Section 6-106.1c of this Code by the employer of the 
24 applicant to the Secretary of State.
25 (b) A school bus driver permit shall be valid for a period 
26specified by
the Secretary of State as set forth by rule. It 
 
 
HB6572- 49 -LRB099 21635 RLC 48106 b


1shall be renewable upon compliance with subsection (a) of this

2Section.


3 (c) A school bus driver permit shall contain the holder's 
4driver's
license number, legal name, residence address, zip 
5code, and date
of birth, a brief description of the holder and 
6a space for signature. The
Secretary of State may require a 
7suitable photograph of the holder.


8 (d) The employer shall be responsible for conducting a 
9pre-employment
interview with prospective school bus driver 
10candidates, distributing school
bus driver applications and 
11medical forms to be completed by the applicant, and
submitting 
12the applicant's fingerprint cards to the Department of State 
13Police
that are required for the criminal background 
14investigations. The employer
shall certify in writing to the 
15Secretary of State that all pre-employment
conditions have been 
16successfully completed including the successful completion
of 
17an Illinois specific criminal background investigation through 
18the
Department of State Police and the submission of necessary

19fingerprints to the Federal Bureau of Investigation for 
20criminal
history information available through the Federal 
21Bureau of
Investigation system. The applicant shall present the

22certification to the Secretary of State at the time of 
23submitting
the school bus driver permit application.


24 (e) Permits shall initially be provisional upon receiving

25certification from the employer that all pre-employment 
26conditions
have been successfully completed, and upon 
 
 
HB6572- 50 -LRB099 21635 RLC 48106 b


1successful completion of
all training and examination 
2requirements for the classification of
the vehicle to be 
3operated, the Secretary of State shall
provisionally issue a 
4School Bus Driver Permit. The permit shall
remain in a 
5provisional status pending the completion of the
Federal Bureau 
6of Investigation's criminal background investigation based

7upon fingerprinting specimens submitted to the Federal Bureau 
8of
Investigation by the Department of State Police. The Federal 
9Bureau of
Investigation shall report the findings directly to 
10the Secretary
of State. The Secretary of State shall remove the 
11bus driver
permit from provisional status upon the applicant's 
12successful
completion of the Federal Bureau of Investigation's 
13criminal
background investigation.


14 (f) A school bus driver permit holder shall notify the

15employer and the Secretary of State if he or she is issued an 
16order of court supervision for or convicted in
another state of 
17an offense that would make him or her ineligible
for a permit 
18under subsection (a) of this Section. The
written notification 
19shall be made within 5 days of the entry of
the order of court 
20supervision or conviction. Failure of the permit holder to 
21provide the
notification is punishable as a petty
offense for a 
22first violation and a Class B misdemeanor for a
second or 
23subsequent violation.


24 (g) Cancellation; suspension; notice and procedure.


25  (1) The Secretary of State shall cancel a school bus

26 driver permit of an applicant whose criminal background 
 
 
HB6572- 51 -LRB099 21635 RLC 48106 b


1 investigation
discloses that he or she is not in compliance 
2 with the provisions of subsection
(a) of this Section.


3  (2) The Secretary of State shall cancel a school
bus 
4 driver permit when he or she receives notice that the 
5 permit holder fails
to comply with any provision of this 
6 Section or any rule promulgated for the
administration of 
7 this Section.


8  (3) The Secretary of State shall cancel a school bus

9 driver permit if the permit holder's restricted commercial 
10 or
commercial driving privileges are withdrawn or 
11 otherwise
invalidated.


12  (4) The Secretary of State may not issue a school bus

13 driver permit for a period of 3 years to an applicant who 
14 fails to
obtain a negative result on a drug test as 
15 required in item 6 of
subsection (a) of this Section or 
16 under federal law.


17  (5) The Secretary of State shall forthwith suspend
a 
18 school bus driver permit for a period of 3 years upon 
19 receiving
notice that the holder has failed to obtain a 
20 negative result on a
drug test as required in item 6 of 
21 subsection (a) of this Section
or under federal law.


22  (6) The Secretary of State shall suspend a school bus 
23 driver permit for a period of 3 years upon receiving notice 
24 from the employer that the holder failed to perform the 
25 inspection procedure set forth in subsection (a) or (b) of 
26 Section 12-816 of this Code. 
 
 
HB6572- 52 -LRB099 21635 RLC 48106 b


1  (7) The Secretary of State shall suspend a school bus 
2 driver permit for a period of 3 years upon receiving notice 
3 from the employer that the holder refused to submit to an 
4 alcohol or drug test as required by Section 6-106.1c or has 
5 submitted to a test required by that Section which 
6 disclosed an alcohol concentration of more than 0.00 or 
7 disclosed a positive result on a National Institute on Drug 
8 Abuse five-drug panel, utilizing federal standards set 
9 forth in 49 CFR 40.87. 
10 The Secretary of State shall notify the State 
11Superintendent
of Education and the permit holder's 
12prospective or current
employer that the applicant has (1) has 
13failed a criminal
background investigation or (2) is no
longer 
14eligible for a school bus driver permit; and of the related

15cancellation of the applicant's provisional school bus driver 
16permit. The
cancellation shall remain in effect pending the 
17outcome of a
hearing pursuant to Section 2-118 of this Code. 
18The scope of the
hearing shall be limited to the issuance 
19criteria contained in
subsection (a) of this Section. A 
20petition requesting a
hearing shall be submitted to the 
21Secretary of State and shall
contain the reason the individual 
22feels he or she is entitled to a
school bus driver permit. The 
23permit holder's
employer shall notify in writing to the 
24Secretary of State
that the employer has certified the removal 
25of the offending school
bus driver from service prior to the 
26start of that school bus
driver's next workshift. An employing 
 
 
HB6572- 53 -LRB099 21635 RLC 48106 b


1school board that fails to
remove the offending school bus 
2driver from service is
subject to the penalties defined in 
3Section 3-14.23 of the School Code. A
school bus
contractor who 
4violates a provision of this Section is
subject to the 
5penalties defined in Section 6-106.11.


6 All valid school bus driver permits issued under this 
7Section
prior to January 1, 1995, shall remain effective until 
8their
expiration date unless otherwise invalidated.


9 (h) When a school bus driver permit holder who is a service 
10member is called to active duty, the employer of the permit 
11holder shall notify the Secretary of State, within 30 days of 
12notification from the permit holder, that the permit holder has 
13been called to active duty. Upon notification pursuant to this 
14subsection, (i) the Secretary of State shall characterize the 
15permit as inactive until a permit holder renews the permit as 
16provided in subsection (i) of this Section, and (ii) if a 
17permit holder fails to comply with the requirements of this 
18Section while called to active duty, the Secretary of State 
19shall not characterize the permit as invalid. 
20 (i) A school bus driver permit holder who is a service 
21member returning from active duty must, within 90 days, renew a 
22permit characterized as inactive pursuant to subsection (h) of 
23this Section by complying with the renewal requirements of 
24subsection (b) of this Section. 
25 (j) For purposes of subsections (h) and (i) of this 
26Section: 
 
 
HB6572- 54 -LRB099 21635 RLC 48106 b


1 "Active duty" means active duty pursuant to an executive 
2order of the President of the United States, an act of the 
3Congress of the United States, or an order of the Governor. 
4 "Service member" means a member of the Armed Services or 
5reserve forces of the United States or a member of the Illinois 
6National Guard. 
7 (k) A private carrier employer of a school bus driver 
8permit holder, having satisfied the employer requirements of 
9this Section, shall be held to a standard of ordinary care for 
10intentional acts committed in the course of employment by the 
11bus driver permit holder. This subsection (k) shall in no way 
12limit the liability of the private carrier employer for 
13violation of any provision of this Section or for the negligent 
14hiring or retention of a school bus driver permit holder. 
15(Source: P.A. 99-148, eff. 1-1-16; 99-173, eff. 7-29-15; 
16revised 11-2-15.)



17 (625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)



18 Sec. 6-508. Commercial Driver's License (CDL) - 
19qualification standards.


20 (a) Testing.


21  (1) General. No person shall be issued an original or 
22 renewal CDL
unless that person is
domiciled in this State 
23 or is applying for a non-domiciled CDL under Sections 6-509 
24 and 6-510 of this Code. The Secretary shall cause to be 
25 administered such
tests as the Secretary deems necessary to 
 
 
HB6572- 55 -LRB099 21635 RLC 48106 b


1 meet the requirements of 49
C.F.R. Part 383, subparts F, G, 
2 H, and J.


3  (1.5) Effective July 1, 2014, no person shall be issued 
4 an original CDL or an upgraded CDL that requires a skills 
5 test unless that person has held a CLP, for a minimum of 14 
6 calendar days, for the classification of vehicle and 
7 endorsement, if any, for which the person is seeking a CDL. 
8  (2) Third party testing. The Secretary of State may 
9 authorize a
"third party tester", pursuant to 49 C.F.R. 
10 383.75 and 49 C.F.R. 384.228 and 384.229, to administer the

11 skills test or tests specified by the Federal Motor Carrier 
12 Safety
Administration pursuant to the
Commercial Motor 
13 Vehicle Safety Act of 1986 and any appropriate federal 
14 rule.


15 (b) Waiver of Skills Test. The Secretary of State may waive 
16the skills
test specified in this Section for a driver 
17applicant for a commercial driver license
who meets the 
18requirements of 49 C.F.R. 383.77.
The Secretary of State shall 
19waive the skills tests specified in this Section for a driver 
20applicant who has military commercial motor vehicle 
21experience, subject to the requirements of 49 C.F.R. 383.77.

22 (b-1) No person shall be issued a CDL unless the person 
23certifies to the Secretary one of the following types of 
24driving operations in which he or she will be engaged:
25  (1) non-excepted interstate;
26  (2) non-excepted intrastate;
 
 
HB6572- 56 -LRB099 21635 RLC 48106 b


1  (3) excepted interstate; or
2  (4) excepted intrastate.
3 (b-2) (Blank).
4 (c) Limitations on issuance of a CDL. A CDL shall not be 
5issued to a person while the person is
subject to a 
6disqualification from driving a commercial motor vehicle, or

7unless otherwise permitted by this Code, while the person's 
8driver's
license is suspended, revoked or cancelled in
any 
9state, or any territory or province of Canada; nor may a CLP or 
10CDL be issued
to a person who has a CLP or CDL issued by any 
11other state, or foreign
jurisdiction, nor may a CDL be issued 
12to a person who has an Illinois CLP unless the person first 
13surrenders all of these
licenses or permits. However, a person 
14may hold an Illinois CLP and an Illinois CDL providing the CLP 
15is necessary to train or practice for an endorsement or vehicle 
16classification not present on the current CDL. No CDL shall be 
17issued to or renewed for a person who does not
meet the 
18requirement of 49 CFR 391.41(b)(11). The requirement may be met 
19with
the aid of a hearing aid.


20 (c-1) The Secretary may issue a CDL with a school bus 
21driver endorsement
to allow a person to drive the type of bus 
22described in subsection (d-5) of
Section 6-104 of this Code. 
23The CDL with a school bus driver endorsement may be
issued only 
24to a person meeting the following requirements:

25  (1) the person has submitted his or her fingerprints to 
26 the
Department of State Police in the form and manner

 
 
HB6572- 57 -LRB099 21635 RLC 48106 b


1 prescribed by the Department of State Police. These

2 fingerprints shall be checked against the fingerprint 
3 records
now and hereafter filed in the Department of State 
4 Police and
Federal Bureau of Investigation criminal 
5 history records databases;


6  (2) the person has passed a written test, administered 
7 by the Secretary of
State, on charter bus operation, 
8 charter bus safety, and certain special
traffic laws

9 relating to school buses determined by the Secretary of 
10 State to be relevant to
charter buses, and submitted to a 
11 review of the driver applicant's driving
habits by the 
12 Secretary of State at the time the written test is given;

13  (3) the person has demonstrated physical fitness to 
14 operate school buses
by
submitting the results of a medical 
15 examination, including tests for drug
use; and


16  (4) the person has not been convicted of committing or 
17 attempting
to commit any
one or more of the following 
18 offenses: (i) those offenses defined in
Sections 8-1.2, 
19 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 
20 10-3.1,
10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, 
21 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,

22 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 
23 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 
24 11-18.1, 11-19, 11-19.1,
11-19.2,
11-20, 11-20.1, 
25 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, 
26 11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2, 
 
 
HB6572- 58 -LRB099 21635 RLC 48106 b


1 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9, 
2 12-5.01,
12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 
3 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 
4 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, 
5 12C-45, 16-16, 16-16.1,
18-1,
18-2,
18-3, 18-4, 18-5, 19-6,

6 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 
7 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 
8 24-3.9, 31A-1, 31A-1.1,
33A-2, and 33D-1, and in subsection 
9 (b) of Section 8-1, and in subdivisions (a)(1), (a)(2), 
10 (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of 
11 Section 12-3.05, and in subsection (a) and subsection (b), 
12 clause (1), of Section
12-4, and in subsection (A), clauses 
13 (a) and (b), of Section 24-3, and those offenses contained 
14 in Article 29D of the Criminal Code of 1961 or the Criminal 
15 Code of 2012; (ii) those offenses defined in the
Cannabis 
16 Control Act except those offenses defined in subsection 
17 subsections (a) and
(b) of Section 4, and subsection (a) of 
18 Section 5 of the Cannabis Control
Act; (iii) those offenses 
19 defined in the Illinois Controlled Substances
Act; (iv) 
20 those offenses defined in the Methamphetamine Control and 
21 Community Protection Act; (v) any offense committed or 
22 attempted in any other state or against
the laws of the 
23 United States, which if committed or attempted in this

24 State would be punishable as one or more of the foregoing 
25 offenses; (vi)
the offenses defined in Sections 4.1 and 5.1 
26 of the Wrongs to Children Act or Section 11-9.1A of the 
 
 
HB6572- 59 -LRB099 21635 RLC 48106 b


1 Criminal Code of 1961 or the Criminal Code of 2012; (vii) 
2 those offenses defined in Section 6-16 of the Liquor 
3 Control Act of
1934; and (viii) those offenses defined in 
4 the Methamphetamine Precursor Control Act.


5 The Department of State Police shall charge
a fee for 
6conducting the criminal history records check, which shall be

7deposited into the State Police Services Fund and may not 
8exceed the actual
cost of the records check.


9 (c-2) The Secretary shall issue a CDL with a school bus 
10endorsement to allow a person to drive a school bus as defined 
11in this Section. The CDL shall be issued according to the 
12requirements outlined in 49 C.F.R. 383. A person may not 
13operate a school bus as defined in this Section without a 
14school bus endorsement. The Secretary of State may adopt rules 
15consistent with Federal guidelines to implement this 
16subsection (c-2).

17 (d) (Blank).


18(Source: P.A. 97-208, eff. 1-1-12; 97-1108, eff. 1-1-13; 
1997-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-52, eff. 
201-1-14; 98-176 (see Section 10 of P.A. 98-722 and Section 10 of 
21P.A. 99-414 for effective date of changes made by 98-176); 
2298-756, eff. 7-16-14.)

23 Section 30. The Criminal Code of 2012 is amended by 
24changing Sections 12-5.3, 16-1, 16-3, 16-25, 17-1, 17-3, 
2521-1.3, 21-3, 21.1-2, 21.1-3, 24-1, 24-1.1, and 24-3.1 as 
 
 
HB6572- 60 -LRB099 21635 RLC 48106 b


1follows:




2 (720 ILCS 5/12-5.3)
 (was 720 ILCS 5/12-2.6)


3 Sec. 12-5.3. Use of a dangerous place for the commission of 
4a controlled
substance or cannabis offense.
5 (a) A person commits use of a dangerous place for the

6commission of a
controlled substance or cannabis offense when 
7that person knowingly exercises
control
over any place with the 
8intent to use that place to manufacture, produce,
deliver, or

9possess with intent to deliver a controlled or
counterfeit 
10substance or controlled substance analog in violation of 
11Section
401 of the Illinois Controlled Substances Act or to 
12manufacture, produce,
deliver, or
possess with intent to 
13deliver cannabis in violation of subsection (d), (e), (f), or 
14(g) of Section 5, Section 5.1, 5.2,
or 7,
or subsection (b), 
15(c), (d), or (e) of Section 8 of the Cannabis Control Act and:


16  (1) the place, by virtue of the presence of the 
17 substance or substances
used or intended to be used to 
18 manufacture a controlled or counterfeit
substance, 
19 controlled substance analog, or cannabis, presents a 
20 substantial
risk
of injury
to any
person from fire, 
21 explosion, or exposure to toxic or noxious chemicals or 
22 gas;
or


23  (2) the place used or intended to be used to 
24 manufacture, produce,
deliver, or
possess with intent to 
25 deliver a controlled or
counterfeit substance, controlled 
 
 
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1 substance analog, or cannabis has located
within it or

2 surrounding it devices, weapons, chemicals, or explosives 
3 designed, hidden, or
arranged
in
a manner that would cause 
4 a person to be exposed to a substantial risk of great

5 bodily harm.

6 (b) It may be inferred that a place was intended to be used 
7to manufacture a
controlled or counterfeit substance or 
8controlled substance analog if a
substance containing a 
9controlled or counterfeit substance or controlled
substance 
10analog or a substance containing a chemical important to the

11manufacture of a controlled or counterfeit substance or 
12controlled substance
analog is found at the place of the 
13alleged illegal controlled substance
manufacturing in close 
14proximity to equipment or a chemical used for
facilitating the 
15manufacture of the controlled or counterfeit substance or

16controlled substance analog that
is alleged to have been 
17intended to be manufactured.

18 (c) As used in this Section,
"place" means a premises, 
19conveyance, or location that offers
seclusion,
shelter, means, 
20or facilitation for manufacturing, producing, possessing, or

21possessing
with intent to deliver a controlled or counterfeit

22substance,
controlled substance analog, or cannabis.

23 (d) Use of a dangerous place for the commission of a 
24controlled substance
or cannabis offense is a Class 1 felony.

25(Source: P.A. 96-1551, eff. 7-1-11.)





 
 
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1 (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)


2 Sec. 16-1. Theft. 

3 (a) A person commits theft when he or she knowingly:


4  (1) Obtains or exerts unauthorized control over 
5 property of the
owner; or


6  (2) Obtains by deception control over property of the 
7 owner; or


8  (3) Obtains by threat control over property of the 
9 owner; or


10  (4) Obtains control over stolen property knowing the 
11 property to
have been stolen or under such circumstances as 
12 would
reasonably induce him or her to believe that the 
13 property was stolen; or


14  (5) Obtains or exerts control over property in the 
15 custody of any law
enforcement agency which any law 
16 enforcement officer or any individual acting in behalf of a 
17 law enforcement agency explicitly represents to the person 
18 as being stolen or represents to the person such 
19 circumstances as would reasonably induce the person to 
20 believe that the property was stolen, and


21   (A) Intends to deprive the owner permanently of the 
22 use or
benefit of the property; or


23   (B) Knowingly uses, conceals or abandons the 
24 property in such
manner as to deprive the owner 
25 permanently of such use or benefit; or


26   (C) Uses, conceals, or abandons the property 
 
 
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1 knowing such use,
concealment or abandonment probably 
2 will deprive the owner permanently
of such use or 
3 benefit.

4 (b) Sentence.


5  (1) Theft of property not from the person and
not 
6 exceeding $1,500 $500 in value is a Class B A misdemeanor.


7  (1.1) Theft of property not from the person and
not 
8 exceeding $1,500 $500 in value is a Class A misdemeanor 4 
9 felony if the theft was committed in a
school or place of 
10 worship or if the theft was of governmental property.


11  (2) A person who has been convicted of theft of 
12 property not from the
person and not exceeding $1,500
$500 
13 in value who has been
previously convicted of any type of 
14 theft, robbery, armed robbery,
burglary, residential 
15 burglary, possession of burglary tools, home
invasion, 
16 forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or 
17 4-103.3
of the Illinois Vehicle Code relating to the 
18 possession of a stolen or
converted motor vehicle, or a 
19 violation of Section 17-36 of the Criminal Code of 1961 or 
20 the Criminal Code of 2012, or Section 8 of the Illinois 
21 Credit
Card and Debit Card Act is guilty of a Class 4 
22 felony.

23  (2.5) Theft of property from the person not exceeding 
24 $1,500 in value, or theft of property exceeding $1,500 in 
25 value, and not exceeding $5,000 in value is a Class A 
26 misdemeanor. 

 
 
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1  (3) (Blank).


2  (4) Theft of property from the person exceeding $1,500 
3 in value but not exceeding $3,000 $500 in value, or
theft 
4 of
property exceeding $5,000 $500 and not exceeding $10,000 
5 in value, is a
Class 4 3 felony.


6  (4.1) Theft of property from the person exceeding 
7 $3,000 in value but not exceeding $10,000 $500 in value, or

8 theft of property exceeding $5,000 $500 and not exceeding 
9 $10,000 in value, is a Class 3
2 felony if the theft was 
10 committed in a school or place of worship or if the theft 
11 was of governmental property.


12  (5) Theft of property exceeding $10,000 and not 
13 exceeding
$100,000 in value is a Class 3 2 felony.


14  (5.1) Theft of property exceeding $10,000 and not 
15 exceeding $100,000 in
value is a Class 2 1 felony
if the 
16 theft was committed in a school or place of worship or if 
17 the theft was of governmental property.


18  (6) Theft of property exceeding $100,000 and not 
19 exceeding $1,000,000 $500,000 in
value is a Class 2 1 
20 felony.


21  (6.1) (Blank). Theft of property exceeding $100,000 in 
22 value is a Class X felony
if the theft was committed in a 
23 school or place of worship or if the theft was of 
24 governmental property.


25  (6.2) (Blank). Theft of property exceeding $500,000 
26 and not exceeding $1,000,000 in value is a Class 1

 
 
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1 non-probationable
felony.

2  (6.3) Theft of property exceeding $1,000,000 in value 
3 is a Class X felony.

4  (7) Theft by deception, as described by paragraph (2) 
5 of
subsection (a) of
this Section, in which the offender 
6 obtained money or property valued at
$5,000 or more from a 
7 victim 60 years of age or older is a Class 2 felony.

8  (8) Theft by deception, as described by paragraph (2) 
9 of
subsection (a) of
this Section, in which the offender 
10 falsely poses as a landlord or agent or employee of the 
11 landlord and obtains a rent payment or a security deposit 
12 from a tenant is a Class B misdemeanor 3 felony if the rent 
13 payment or security deposit obtained does not exceed $500; 
14 a Class A misdemeanor if the rent payment or security 
15 deposit obtained exceeds $500 and does not exceed $3,000; 
16 and a Class 4 felony if the rent payment or security 
17 deposit obtained exceeds $3,000 and does not exceed $5,000.
18  (9) Theft by deception, as described by paragraph (2) 
19 of
subsection (a) of
this Section, in which the offender 
20 falsely poses as a landlord or agent or employee of the 
21 landlord and obtains a rent payment or a security deposit 
22 from a tenant is a Class 3 2 felony if the rent payment or 
23 security deposit obtained exceeds $5,000 $500 and does not 
24 exceed $10,000.
25  (10) Theft by deception, as described by paragraph (2) 
26 of
subsection (a) of
this Section, in which the offender 
 
 
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1 falsely poses as a landlord or agent or employee of the 
2 landlord and obtains a rent payment or a security deposit 
3 from a tenant is a Class 2 1 felony if the rent payment or 
4 security deposit obtained exceeds $10,000 and does not 
5 exceed $100,000.
6  (11) Theft by deception, as described by paragraph (2) 
7 of
subsection (a) of
this Section, in which the offender 
8 falsely poses as a landlord or agent or employee of the 
9 landlord and obtains a rent payment or a security deposit 
10 from a tenant is a Class 1 X felony if the rent payment or 
11 security deposit obtained exceeds $100,000. 
12 (c) When a charge of theft of property exceeding a 
13specified value
is brought, the value of the property involved 
14is an element of the offense
to be resolved by the trier of 
15fact as either exceeding or not exceeding
the specified value.

16 (d) Theft by lessee; permissive inference. The trier of 
17fact may infer evidence that a person intends to deprive the 
18owner permanently of the use or benefit of the property (1) if 
19a
lessee of the personal property of another fails to return it 
20to the
owner within 10 days after written demand from the owner 
21for its
return or (2) if a lessee of the personal property of 
22another fails to return
it to the owner within 24 hours after 
23written demand from the owner for its
return and the lessee had 
24presented identification to the owner that contained
a 
25materially fictitious name, address, or telephone number. A 
26notice in
writing, given after the expiration of the leasing 
 
 
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1agreement, addressed and
mailed, by registered mail, to the 
2lessee at the address given by him and shown
on the leasing 
3agreement shall constitute proper demand. 
4 (e) Permissive inference; evidence of intent that a person 
5obtains by deception control over property. The trier of fact 
6may infer that a person
"knowingly obtains by deception control 
7over property of the owner" when he or she
fails to return, 
8within 45 days after written demand from the owner, the

9downpayment and any additional payments accepted under a 
10promise, oral or
in writing, to perform services for the owner 
11for consideration of $3,000
or more, and the promisor knowingly 
12without good cause failed to
substantially perform pursuant to 
13the agreement after taking a down payment
of 10% or more of the 
14agreed upon consideration.
This provision shall not apply where 
15the owner initiated the suspension of
performance under the 
16agreement, or where the promisor responds to the
notice within 
17the 45-day notice period. A notice in writing, addressed and

18mailed, by registered mail, to the promisor at the last known 
19address of
the promisor, shall constitute proper demand.
20 (f) Offender's interest in the property.
21  (1) It is no defense to a charge of theft of property 
22 that the offender
has an interest therein, when the owner 
23 also has an interest to which the
offender is not entitled.
24  (2) Where the property involved is that of the 
25 offender's spouse, no
prosecution for theft may be 
26 maintained unless the parties were not living
together as 
 
 
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1 man and wife and were living in separate abodes at the time 
2 of
the alleged theft. 
3(Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09; 
496-1000, eff. 7-2-10; 96-1301, eff. 1-1-11; 96-1532, eff. 
51-1-12; 96-1551, eff. 7-1-11; 97-597, eff. 1-1-12; 97-1150, 
6eff. 1-25-13.)




7 (720 ILCS 5/16-3) (from Ch. 38, par. 16-3)



8 Sec. 16-3. Theft of labor or services or use of property. 
9 (a) A person commits theft when he or she knowingly obtains 
10the temporary use
of property, labor or services of another 
11which are available only for hire,
by means of threat or 
12deception or knowing that such use is without the
consent of 
13the person providing the property, labor or services. For the 
14purposes of this subsection, library material is available for 
15hire. 

16 (b) A person commits theft when after renting or leasing a 
17motor vehicle,
obtaining a motor vehicle through a "driveaway" 
18service mode of transportation
or renting or leasing any other 
19type of personal property exceeding $500 in value,
under an 
20agreement in writing which provides for the return of the 
21vehicle
or other personal property to a particular place at a 
22particular time, he or she
without good cause knowingly fails 
23to return the vehicle or other personal
property to that place 
24within the time specified, and is thereafter served
or sent a 
25written demand mailed to the last known address, made by 
 
 
HB6572- 69 -LRB099 21635 RLC 48106 b


1certified
mail return receipt requested, to return such vehicle 
2or other personal
property within 3 days from the mailing of 
3the written demand, and who without
good cause knowingly fails 
4to return
the vehicle or any other personal property to any 
5place of business of the
lessor within such period.

6 (c) A person commits theft when he or she borrows from a 
7library facility library material
which has an aggregate value 
8of $50 or more pursuant to an
agreement with or procedure 
9established by the library
facility for the return of such 
10library material, and knowingly without
good cause fails to 
11return the library material so borrowed in accordance
with such 
12agreement or procedure, and further knowingly without good 
13cause
fails to return such library material within 30 days 
14after receiving
written notice by certified mail from the 
15library
facility demanding the return of such library material. 
16 (d) Sentence.

17 A person convicted of theft under subsection (a) is
guilty 
18of a Class A misdemeanor, except that the theft of library 
19material where the aggregate value exceeds $300 is a Class 3 
20felony. A person convicted of theft under subsection
(b) of 
21this Section is guilty of a Class 4 felony. A person convicted 
22of theft under subsection (c) is guilty of a petty offense for 
23which the offender may be fined an amount not to exceed $150 
24$500 and shall be ordered to reimburse the library for postage 
25costs, attorney's fees, and actual replacement costs of the 
26materials not returned, except that theft under subsection (c) 
 
 
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1where the aggregate value exceeds $300 is a Class 3 felony. 

2 For the purpose of sentencing on theft of library material, 
3separate transactions totalling more than $300 within a 90-day 
4period shall constitute a single offense. 
5(Source: P.A. 97-597, eff. 1-1-12.)


6 (720 ILCS 5/16-25)
7 Sec. 16-25. Retail theft. 
8 (a) A person commits retail theft when he or she knowingly:

9  (1) Takes possession of, carries away, transfers or 
10 causes to be
carried away or transferred any merchandise 
11 displayed, held, stored or
offered for sale in a retail 
12 mercantile establishment with the intention
of retaining 
13 such merchandise or with the intention of depriving the

14 merchant permanently of the possession, use or benefit of 
15 such
merchandise without paying the full retail value of 
16 such merchandise; or

17  (2) Alters, transfers, or removes any label, price tag, 
18 marking,
indicia of value or any other markings which aid 
19 in determining value
affixed to any merchandise displayed, 
20 held, stored or offered for sale
in a retail mercantile 
21 establishment and attempts to purchase such
merchandise at 
22 less than the full
retail value with the intention of 
23 depriving the merchant of the full
retail value of such 
24 merchandise; or

25  (3) Transfers any merchandise displayed, held, stored 
 
 
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1 or offered for
sale in a retail mercantile establishment 
2 from the container in or on
which such merchandise is 
3 displayed to any other container with the
intention of 
4 depriving the merchant of the full retail value of such

5 merchandise; or

6  (4) Under-rings with the intention of depriving the 
7 merchant of the
full retail value of the merchandise; or

8  (5) Removes a shopping cart from the premises of a 
9 retail mercantile
establishment without the consent of the 
10 merchant given at the time of
such removal with the 
11 intention of depriving the merchant permanently of
the 
12 possession, use or benefit of such cart; or

13  (6) Represents to a merchant that he, she, or another 
14 is the lawful owner
of property, knowing that such 
15 representation is false, and conveys or attempts
to convey 
16 that property to a merchant who is the owner of the 
17 property in
exchange for money, merchandise credit or other 
18 property of the merchant; or

19  (7) Uses or possesses any theft detection shielding 
20 device or theft
detection device remover with the intention 
21 of using such device to deprive
the merchant permanently of 
22 the possession, use or benefit of any
merchandise 
23 displayed, held, stored or offered for sale in a retail

24 mercantile establishment without paying the full retail 
25 value of such
merchandise; or

26  (8) Obtains or exerts unauthorized control over 
 
 
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1 property of the owner
and thereby intends to deprive the 
2 owner permanently of the use or benefit
of the property 
3 when a lessee of the personal property of another fails to

4 return it to the owner, or if the lessee fails to pay the 
5 full retail value
of such property to the lessor in 
6 satisfaction of any contractual provision
requiring such, 
7 within 10 days after written demand from the owner for its

8 return. A notice in writing, given after the expiration of 
9 the leasing
agreement, by registered mail, to the lessee at 
10 the address given by the
lessee and shown on the leasing 
11 agreement shall constitute proper demand.
12 (b) Theft by emergency exit. A person commits theft by 
13emergency exit when he or she commits a retail theft as defined 
14in subdivisions (a)(1) through (a)(8) of this Section and to 
15facilitate the theft he or she leaves the retail mercantile 
16establishment by use of a designated emergency exit.
17 (c) Permissive inference. If any person:

18  (1) conceals upon his or her person or among his or her 
19 belongings unpurchased
merchandise displayed, held, stored 
20 or offered for sale in a retail
mercantile establishment; 
21 and

22  (2) removes that merchandise beyond the last known 
23 station for
receiving payments for that merchandise in that 
24 retail mercantile
establishment, 
25then the trier of fact may infer that the person possessed, 
26carried
away or transferred such merchandise with the intention 
 
 
HB6572- 73 -LRB099 21635 RLC 48106 b


1of retaining it
or with the intention of depriving the merchant 
2permanently of the
possession, use or benefit of such 
3merchandise without paying the full
retail value of such 
4merchandise.
5 To "conceal" merchandise means that, although there may be 
6some notice of its presence, that merchandise is not visible 
7through ordinary observation. 
8 (d) Venue. Multiple thefts committed by the same person as 
9part of a continuing course of conduct in different 
10jurisdictions that have been aggregated in one jurisdiction may 
11be prosecuted in any jurisdiction in which one or more of the 
12thefts occurred. 
13 (e) For the purposes of this Section, "theft detection 
14shielding device" means any laminated or coated bag or device 
15designed and intended to shield merchandise from detection by 
16an electronic or magnetic theft alarm sensor. 
17 (f) Sentence.
18  (1) A violation of any of subdivisions (a)(1) through 
19 (a)(6) and (a)(8) of this Section, the full retail
value of 
20 which does not exceed $1,500 $300 for property other than 
21 motor fuel or $1,000 $150 for motor fuel, is a Class B A 
22 misdemeanor. A violation of subdivision (a)(7) of this 
23 Section is a Class B A misdemeanor for a first offense and 
24 a Class A misdemeanor 4 felony for a second or subsequent 
25 offense. Theft by emergency exit of property, the full 
26 retail
value of which does not exceed $1,000 $300, is a 
 
 
HB6572- 74 -LRB099 21635 RLC 48106 b


1 Class A misdemeanor 4 felony.


2  (2) A person who has been convicted of retail theft of 
3 property under any of subdivisions (a)(1) through (a)(6) 
4 and (a)(8) of this Section, the
full retail value of which 
5 does not exceed $1,500 $300 for property other than motor 
6 fuel or $1,000 $150 for motor fuel, and who has been

7 previously convicted of any type of theft, robbery, armed 
8 robbery,
burglary, residential burglary, possession of 
9 burglary tools, home
invasion, unlawful use of a credit 
10 card, or forgery is guilty of a Class A misdemeanor 4 
11 felony. A person who has been convicted of theft by 
12 emergency exit of property, the
full retail value of which 
13 does not exceed $1,000 $300, and who has been
previously 
14 convicted of any type of theft, robbery, armed robbery,

15 burglary, residential burglary, possession of burglary 
16 tools, home
invasion, unlawful use of a credit card, or 
17 forgery is guilty of a Class A misdemeanor 3 felony.

18  (3) Any retail theft of property under any of 
19 subdivisions (a)(1) through (a)(6) and (a)(8) of this 
20 Section, the full retail value of
which exceeds $1,500 $300 
21 for property other than motor fuel or $1,000 $150 for motor 
22 fuel in a single transaction, or in separate transactions 
23 committed by the same person as part of a continuing course 
24 of conduct from one or more mercantile establishments over 
25 a period of one year, is a Class 4 3 felony.
Theft by 
26 emergency exit of property, the full retail value of
which 
 
 
HB6572- 75 -LRB099 21635 RLC 48106 b


1 exceeds $1,500 $300 in a single transaction, or in separate 
2 transactions committed by the same person as part of a 
3 continuing course of conduct from one or more mercantile 
4 establishments over a period of one year, is a Class 4 2 
5 felony. When a charge of retail theft of property or theft 
6 by emergency exit of property, the full value of which

7 exceeds $1,500 $300, is brought, the value of the property 
8 involved is an element
of the offense to be resolved by the 
9 trier of fact as either exceeding or
not exceeding $1,500 
10 $300.
11  (4) Any act of retail theft as defined in subdivisions 
12 (a) through (e) of this Section shall be sentenced as 
13 retail theft. No person who is charged with retail theft 
14 may also be charged with burglary or theft of the same 
15 property. 

16(Source: P.A. 97-597, eff. 1-1-12.)

17 (720 ILCS 5/17-1) (from Ch. 38, par. 17-1)
18 Sec. 17-1. Deceptive practices. 


19(A) General deception.
20 A person commits a deceptive practice when,
with intent to 
21defraud, the person does any of the following:
22  (1) He or she knowingly causes another, by deception or 
23 threat,
to execute
a document disposing of property or a 
24 document by which a pecuniary obligation
is incurred.
 
 
HB6572- 76 -LRB099 21635 RLC 48106 b


1  (2) Being an officer, manager or other person 
2 participating in the
direction of a financial institution, 
3 he or she knowingly receives or
permits the receipt of a 
4 deposit or other investment, knowing that the
institution 
5 is insolvent.
6  (3) He or she knowingly makes a false or
deceptive 
7 statement addressed to the public for the purpose of 
8 promoting
the sale of property or services.

9(B) Bad checks. 
10 A person commits a deceptive practice when: 
11  (1) With intent to obtain control over property or to 
12 pay for
property, labor or services of another, or in 
13 satisfaction of an obligation
for payment of tax under the 
14 Retailers' Occupation Tax Act or any other tax
due to the 
15 State of Illinois, he or she issues or delivers a check or

16 other order upon a real or fictitious depository for the 
17 payment of money,
knowing that it will not be paid by the 
18 depository. The trier of fact may infer that the defendant 
19 knows that the check or other order will not be paid by the 
20 depository and that the defendant has acted with intent to 
21 defraud when the defendant fails to have
sufficient funds 
22 or credit with the depository when the check or other order

23 is issued or delivered, or when such check or other order 
24 is presented for
payment and dishonored on each of 2 
25 occasions at least 7 days apart. In this
paragraph (B)(1), 
 
 
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1 "property" includes rental property (real or personal).
2  (2) He or she issues or delivers a check or other order 
3 upon a real
or fictitious depository in an amount exceeding 
4 $1,500 $150 in payment of an amount
owed on any credit 
5 transaction for property, labor or services, or in
payment 
6 of the entire amount owed on any credit transaction for 
7 property,
labor or services, knowing that it will not be 
8 paid by the depository, and
thereafter fails to provide 
9 funds or credit with the depository in the face
amount of 
10 the check or order within 7 days of receiving actual
notice 
11 from the depository or payee of the dishonor of the check 
12 or order.


13(C) Bank-related fraud.
14 (1) False statement.
15 A person commits false statement bank fraud if he or she, 
16with intent to defraud, makes or causes to be
made any false 
17statement in writing in order to obtain an account with
a bank 
18or other financial institution, or to obtain credit from a bank 
19or
other financial institution, or to obtain services from a 
20currency exchange, knowing such writing to be false, and with

21the intent that it be relied upon.
22 For purposes of this subsection (C), a false statement 
23means any false
statement representing identity, address, or 
24employment, or the identity,
address, or employment of any 
25person, firm, or corporation.
 
 
HB6572- 78 -LRB099 21635 RLC 48106 b


1 (2) Possession of stolen or fraudulently obtained checks.
2 A person commits possession of stolen or fraudulently 
3obtained checks when he or she possesses, with the intent to 
4obtain access to
funds of another person held in a real or 
5fictitious deposit account at a
financial institution, makes a 
6false statement or a misrepresentation to the
financial 
7institution, or possesses, transfers, negotiates, or presents 
8for
payment a check, draft, or other item purported to direct 
9the financial
institution to withdraw or pay funds out of the 
10account holder's deposit
account with knowledge that such 
11possession, transfer, negotiation, or
presentment is not 
12authorized by the account holder or the issuing financial

13institution. A person shall be deemed to have been
authorized 
14to possess, transfer, negotiate, or present for payment such 
15item
if the person was otherwise entitled by law to withdraw or 
16recover funds
from the account in question and followed the 
17requisite procedures under
the law. If the account holder, upon 
18discovery of the
withdrawal or payment, claims that the 
19withdrawal or payment was not
authorized, the financial 
20institution may require the account holder to
submit an 
21affidavit to that effect on a form satisfactory to the 
22financial
institution before the financial institution may be 
23required to credit the
account in an amount equal to the amount 
24or amounts that were withdrawn
or paid without authorization.
25 (3) Possession of implements of check fraud.
26 A person commits possession of implements of check fraud 
 
 
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1when he or she possesses, with the intent to defraud and 
2without the
authority of the account holder or financial 
3institution, any check
imprinter, signature imprinter, or 
4"certified" stamp.

5 (D) Sentence.
6  (1) The commission of a deceptive practice in violation 
7 of this Section, except as otherwise provided by this 
8 subsection (D), is a Class A misdemeanor.
9  (2) For purposes of paragraphs (A)(1) and (B)(1):
10   (a) The commission of a deceptive practice in 
11 violation of paragraph (A)(1) or (B)(1), when the value 
12 of the property so obtained, in a single transaction or 
13 in separate transactions within a 90-day period, 
14 exceeds $1,500 $150, is a Class A misdemeanor 4 felony. 
15 In the case of a prosecution for separate transactions 
16 totaling more than $1,500 $150 within a 90-day period, 
17 those separate transactions shall be alleged in a 
18 single charge and prosecuted in a single prosecution.
19   (b) The commission of a deceptive practice in 
20 violation of paragraph (B)(1) a second or subsequent 
21 time is a Class 4 felony.
22  (3) For purposes of paragraph (C)(2), a person who, 
23 within any 12-month period, violates paragraph (C)(2) with 
24 respect to 3 or more checks or orders for the payment of 
25 money at the same time or consecutively, each the property 
 
 
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1 of a different account holder or financial institution, is 
2 guilty of a Class 4 felony.
3  (4) For purposes of paragraph (C)(3), a person who 
4 within any 12-month period violates paragraph (C)(3) as to 
5 possession of 3 or more such devices at the same time or 
6 consecutively is guilty of a Class 4 felony. 

7 (E) Civil liability. A person who issues a check or order 
8to a payee in violation of paragraph (B)(1) and who fails to 
9pay the amount of the check or order to the payee within 30 
10days following either delivery and acceptance by the addressee 
11of a written demand both by certified mail and by first class 
12mail to the person's last known address or attempted delivery 
13of a written demand sent both by certified mail and by first 
14class mail to the person's last known address and the demand by 
15certified mail is returned to the sender with a notation that 
16delivery was refused or unclaimed shall be liable to the payee 
17or a person subrogated to the rights of the payee for, in 
18addition to the amount owing upon such check or order, damages 
19of treble the amount so owing, but in no case less than $100 
20nor more than $1,500, plus attorney's fees and court costs. An 
21action under this subsection (E) may be brought in small claims 
22court or in any other appropriate court. As part of the written 
23demand required by this subsection (E), the plaintiff shall 
24provide written notice to the defendant of the fact that prior 
25to the hearing of any action under this subsection (E), the 
 
 
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1defendant may tender to the plaintiff and the plaintiff shall 
2accept, as satisfaction of the claim, an amount of money equal 
3to the sum of the amount of the check and the incurred court 
4costs, including the cost of service of process, and attorney's 
5fees.
6(Source: P.A. 96-1432, eff. 1-1-11; 96-1551, eff. 7-1-11.)




7 (720 ILCS 5/17-3) (from Ch. 38, par. 17-3)



8 Sec. 17-3. Forgery. 

9 (a) A person commits forgery when, with intent to defraud, 
10he or she knowingly:


11  (1) makes a false document or alters any document to 
12 make it false and that document is apparently capable of 
13 defrauding
another; or


14  (2) issues or delivers such document knowing it to have 
15 been thus
made or altered; or


16  (3) possesses, with intent to issue or deliver, any 
17 such document
knowing it to have been thus made or altered; 
18 or


19  (4) unlawfully uses the digital signature, as defined 
20 in the Financial
Institutions Electronic Documents and 
21 Digital Signature Act, of another; or


22  (5) unlawfully uses the signature device of another to 
23 create
an electronic signature of that other person, as 
24 those terms are defined in the
Electronic Commerce Security 
25 Act.

 
 
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1 (b) (Blank).

2 (c) A document apparently capable of defrauding another 
3includes, but is
not limited to, one by which any right, 
4obligation or power with reference
to any person or property 
5may be created, transferred, altered or
terminated. A document 
6includes any record or electronic record as those
terms are 
7defined in the Electronic Commerce Security Act. For purposes 
8of this Section, a document also includes a Universal Price 
9Code Label or coin. 

10 (c-5) For purposes of this Section, "false document" or 
11"document that is false" includes, but is not limited to, a 
12document whose contents are false in some material way, or that 
13purports to have been made by another or at another time, or 
14with different provisions, or by authority of one who did not 
15give such authority. 
16 (d) Sentence.

17  (1) Except as provided in paragraphs (2) and (3), 
18 forgery in an amount not exceeding $1,500 is a Class A 
19 misdemeanor and in an amount exceeding $1,500 is a Class 4 
20 3 felony. 
21  (2) Forgery is a Class 4 felony when only one Universal 
22 Price Code Label is forged.
23  (3) Forgery is a Class A misdemeanor when an academic 
24 degree or coin is forged. 

25 (e) It is not a violation of this Section if a false 
26academic degree explicitly states "for novelty purposes only". 
 
 
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1(Source: P.A. 96-1551, eff. 7-1-11; 97-231, eff. 1-1-12; 
297-1109, eff. 1-1-13.)




3 (720 ILCS 5/21-1.3)


4 Sec. 21-1.3. Criminal defacement of property. 

5 (a) A person commits criminal defacement of property when 
6the person
knowingly damages the property of another by

7defacing, deforming, or otherwise damaging the property by the 
8use of paint or
any other similar substance, or by the use of a 
9writing instrument, etching
tool, or any other similar device. 
10It is an affirmative defense to a violation of this Section 
11that the owner of the property damaged consented to such 
12damage.


13 (b) Sentence. 
14  (1) Criminal defacement of property is a petty offense 
15 Class A misdemeanor for a
first offense and a Class C 
16 misdemeanor for a second or subsequent offense when the 
17 aggregate value of the damage to the property does not 
18 exceed $300. Criminal
defacement of property is a Class C 
19 misdemeanor for a first offense and a Class A misdemeanor 
20 for a second or subsequent offense 4 felony when the 
21 aggregate value of the damage to property does not
exceed 
22 $300 and the property damaged is a school building or place 
23 of
worship or property which memorializes or honors an 
24 individual or group of police officers, fire fighters, 
25 members of the United States Armed Forces or National 
 
 
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1 Guard, or veterans. Criminal
defacement of property is a 
2 Class C misdemeanor for a first conviction and a Class A 
3 misdemeanor 4 felony for a second or subsequent
conviction 
4 or when the aggregate value of the damage to the property 
5 exceeds $300.
Criminal defacement of property is a Class B 
6 misdemeanor for a first offense and a Class A misdemeanor 
7 for a second offense 3 felony when the aggregate value of 
8 the damage to property
exceeds $300 and the property 
9 damaged is a school building or place of
worship or 
10 property which memorializes or honors an individual or 
11 group of police officers, fire fighters, members of the 
12 United States Armed Forces or National Guard, or veterans.

13  (2) In addition to any other sentence that may be 
14 imposed
for a violation of this Section,
a person convicted 
15 of
criminal defacement of
property shall:
16   (A) pay the
actual costs incurred
by the property 
17 owner or the unit of government to abate, remediate,

18 repair, or remove the effect of the damage to the 
19 property. To the extent
permitted by law, 
20 reimbursement for the costs of abatement, remediation,

21 repair, or removal shall be payable to the person who 
22 incurred the costs; and
23   (B) (blank). if convicted of criminal defacement 
24 of property that is chargeable as a Class 3 or Class 4 
25 felony, pay a mandatory minimum fine of $500.

26  (3) In addition to any
other sentence that may be 
 
 
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1 imposed, a court shall order any person convicted of

2 criminal defacement of property to perform community 
3 service for not less than
30 and not more than 120 hours, 
4 if community service is available in the
jurisdiction. The 
5 community service shall include, but need
not be limited 
6 to, the cleanup and repair of the damage to property that 
7 was
caused by the offense, or similar damage to property 
8 located in the
municipality or county in which the offense 
9 occurred.
When the property damaged is a school building, 
10 the community service may
include cleanup, removal, or 
11 painting over the defacement.
In addition, whenever any

12 person is placed on supervision for an alleged offense 
13 under this Section, the
supervision shall be conditioned

14 upon the performance of the community service. 
15  (4) For the purposes of this subsection (b), aggregate 
16 value shall be determined by adding the value of the damage 
17 to one or more properties if the offenses were committed as 
18 part of a single course of conduct. 

19(Source: P.A. 97-1108, eff. 1-1-13; 98-315, eff. 1-1-14; 
2098-466, eff. 8-16-13; 98-756, eff. 7-16-14.)


21 (720 ILCS 5/21-3) (from Ch. 38, par. 21-3)

22 Sec. 21-3. Criminal trespass to real property.

23 (a) A person commits criminal trespass to real property 
24when he or she:


25  (1) knowingly and without lawful authority enters or 
 
 
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1 remains within or on
a building;


2  (2) enters upon the land of another, after receiving, 
3 prior to the entry,
notice from the owner or occupant that 
4 the entry is forbidden;


5  (3) remains upon the land of another, after receiving 
6 notice from the
owner or occupant to depart;


7  (3.5) presents false documents or falsely represents 
8 his or her identity orally to the owner or occupant of a 
9 building or land in order to obtain permission from the 
10 owner or occupant to enter or remain in the building or on 
11 the land; 
12  (3.7) intentionally removes a notice posted on 
13 residential real estate as required by subsection (l) of 
14 Section 15-1505.8 of Article XV of the Code of Civil 
15 Procedure before the date and time set forth in the notice; 
16 or 
17  (4) enters a field used or capable of being used for 
18 growing crops, an enclosed area containing livestock, an 
19 agricultural building containing livestock, or an orchard 
20 in or on a motor vehicle (including an off-road vehicle, 
21 motorcycle, moped, or any other powered two-wheel vehicle) 
22 after receiving, prior to the entry, notice from the owner 
23 or occupant that the entry is forbidden or remains upon or 
24 in the area after receiving notice from the owner or 
25 occupant to depart.
26 For purposes of item (1) of this subsection, this Section 
 
 
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1shall not apply
to being in a building which is open to the 
2public while the building is open
to the public during its 
3normal hours of operation; nor shall this Section
apply to a 
4person who enters a public building under the reasonable belief 
5that
the building is still open to the public.


6 (b) A person has received notice from the owner or occupant 
7within the
meaning of Subsection (a) if he or she has been 
8notified personally, either orally
or in writing including a 
9valid court order as defined by subsection (7)
of Section 
10112A-3 of the Code of Criminal Procedure of 1963 granting 
11remedy
(2) of subsection (b) of Section 112A-14 of that Code, 
12or if a printed or
written notice forbidding such entry has 
13been conspicuously posted or
exhibited at the main entrance to 
14the land or the forbidden part thereof.

15 (b-5) Subject to the provisions of subsection (b-10), as an 
16alternative to the posting of real property as set forth in 
17subsection (b), the owner or lessee of any real property may 
18post the property by placing identifying purple marks on trees 
19or posts around the area to be posted. Each purple mark shall 
20be:
21  (1) A vertical line of at least 8 inches in length and 
22 the bottom of the mark shall be no less than 3 feet nor 
23 more than 5 feet high. Such marks shall be placed no more 
24 than 100 feet apart and shall be readily visible to any 
25 person approaching the property; or
26  (2) A post capped or otherwise marked on at least its 
 
 
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1 top 2 inches. The bottom of the cap or mark shall be not 
2 less than 3 feet but not more than 5 feet 6 inches high. 
3 Posts so marked shall be placed not more than 36 feet apart 
4 and shall be readily visible to any person approaching the 
5 property. Prior to applying a cap or mark which is visible 
6 from both sides of a fence shared by different property 
7 owners or lessees, all such owners or lessees shall concur 
8 in the decision to post their own property.
9 Nothing in this subsection (b-5) shall be construed to 
10authorize the owner or lessee of any real property to place any 
11purple marks on any tree or post or to install any post or 
12fence if doing so would violate any applicable law, rule, 
13ordinance, order, covenant, bylaw, declaration, regulation, 
14restriction, contract, or instrument. 
15 (b-10) Any owner or lessee who marks his or her real 
16property using the method described in subsection (b-5) must 
17also provide notice as described in subsection (b) of this 
18Section. The public of this State shall be informed of the 
19provisions of subsection (b-5) of this Section by the Illinois 
20Department of Agriculture and the Illinois Department of 
21Natural Resources. These Departments shall conduct an 
22information campaign for the general public concerning the 
23interpretation and implementation of subsection (b-5). The 
24information shall inform the public about the marking 
25requirements and the applicability of subsection (b-5) 
26including information regarding the size requirements of the 
 
 
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1markings as well as the manner in which the markings shall be 
2displayed. The Departments shall also include information 
3regarding the requirement that, until the date this subsection 
4becomes inoperative, any owner or lessee who chooses to mark 
5his or her property using paint, must also comply with one of 
6the notice requirements listed in subsection (b). The 
7Departments may prepare a brochure or may disseminate the 
8information through agency websites. Non-governmental 
9organizations including, but not limited to, the Illinois 
10Forestry Association, Illinois Tree Farm and the Walnut Council 
11may help to disseminate the information regarding the 
12requirements and applicability of subsection (b-5) based on 
13materials provided by the Departments. This subsection (b-10) 
14is inoperative on and after January 1, 2013. 

15 (b-15) Subsections (b-5) and (b-10) do not apply to real 
16property located in a municipality of over 2,000,000 
17inhabitants. 
18 (c) This Section does not apply to any person, whether a 
19migrant worker
or otherwise, living on the land with permission 
20of the owner or of his
or her agent having apparent authority 
21to hire workers on this land and assign
them living quarters or 
22a place of accommodations for living thereon, nor
to anyone 
23living on the land at the request of, or by occupancy, leasing

24or other agreement or arrangement with the owner or his or her 
25agent, nor to
anyone invited by the migrant worker or other 
26person so living on the
land to visit him or her at the place he 
 
 
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1is so living upon the land.


2 (d) A person shall be exempt from prosecution under this 
3Section if
he or she beautifies unoccupied and abandoned 
4residential and industrial properties
located within any 
5municipality. For the purpose of this subsection,
"unoccupied 
6and abandoned residential and industrial property" means any

7real estate (1) in which the taxes have not been paid for a 
8period of at
least 2 years; and (2) which has been left 
9unoccupied and abandoned for a
period of at least one year; and 
10"beautifies" means to landscape, clean up
litter, or to repair 
11dilapidated conditions on or to board up windows
and doors.


12 (e) No person shall be liable in any civil action for money 
13damages
to the owner of unoccupied and abandoned residential 
14and industrial property
which that person beautifies pursuant 
15to subsection (d) of this Section.


16 (e-5) Mortgagee or agent of the mortgagee exceptions.
17  (1) A mortgagee or agent of the mortgagee shall be 
18 exempt from prosecution for criminal trespass for 
19 entering, securing, or maintaining an abandoned 
20 residential property. 
21  (2) No mortgagee or agent of the mortgagee shall be 
22 liable to the mortgagor or other owner of an abandoned 
23 residential property in any civil action for negligence or 
24 civil trespass in connection with entering, securing, or 
25 maintaining the abandoned residential property.
26  (3) For the purpose of this subsection (e-5) only, 
 
 
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1 "abandoned residential property" means mortgaged real 
2 estate that the mortgagee or agent of the mortgagee 
3 determines in good faith meets the definition of abandoned 
4 residential property set forth in Section 15-1200.5 of 
5 Article XV of the Code of Civil Procedure. 
6 (f) This Section does not prohibit a person from entering a 
7building or
upon the land of another for emergency purposes. 
8For purposes of this
subsection (f), "emergency" means a 
9condition or circumstance in which an
individual is or is 
10reasonably believed by the person to be in imminent danger
of 
11serious bodily harm or in which property is or is reasonably 
12believed to be
in imminent danger of damage or destruction.


13 (g) Paragraph (3.5) of subsection (a) does not apply to a 
14peace officer or other official of a unit of government who 
15enters a building or land in the performance of his or her 
16official duties.

17 (h) Sentence. A violation of subdivision (a)(1), (a)(2), 
18(a)(3), or (a)(3.5) is a Class B misdemeanor, unless the person 
19violating subdivision (a)(1), (a)(2), (a)(3), or (a)(3.5) is 
20homeless, and then the violation is a petty offense. A 
21violation of subdivision (a)(4) is a Class A misdemeanor.
22 (i) Civil liability. A person may be liable in any civil 
23action for money damages to the owner of the land he or she 
24entered upon with a motor vehicle as prohibited under paragraph 
25(4) of subsection (a) of this Section. A person may also be 
26liable to the owner for court costs and reasonable attorney's 
 
 
HB6572- 92 -LRB099 21635 RLC 48106 b


1fees. The measure of damages shall be: (i) the actual damages, 
2but not less than $250, if the vehicle is operated in a nature 
3preserve or registered area as defined in Sections 3.11 and 
43.14 of the Illinois Natural Areas Preservation Act; (ii) twice 
5the actual damages if the owner has previously notified the 
6person to cease trespassing; or (iii) in any other case, the 
7actual damages, but not less than $50. If the person operating 
8the vehicle is under the age of 16, the owner of the vehicle 
9and the parent or legal guardian of the minor are jointly and 
10severally liable. For the purposes of this subsection (i):
11  "Land" includes, but is not limited to, land used for 
12 crop land, fallow land, orchard, pasture, feed lot, timber 
13 land, prairie land, mine spoil nature preserves and 
14 registered areas. "Land" does not include driveways or 
15 private roadways upon which the owner allows the public to 
16 drive.

17  "Owner" means the person who has the right to 
18 possession of the land, including the owner, operator or 
19 tenant.

20  "Vehicle" has the same meaning as provided under 
21 Section 1-217 of the Illinois Vehicle Code.

22 (j) This Section does not apply to the following persons 
23while serving process:
24  (1) a person authorized to serve process under Section 
25 2-202 of the Code of Civil Procedure; or
26  (2) a special process server appointed by the circuit 
 
 
HB6572- 93 -LRB099 21635 RLC 48106 b


1 court.
2(Source: P.A. 97-184, eff. 7-22-11; 97-477, eff. 8-22-11; 
397-813, eff. 7-13-12; 97-1108, eff. 1-1-13; 97-1164, eff. 
46-1-13.)





5 (720 ILCS 5/21.1-2) (from Ch. 38, par. 21.1-2)



6 Sec. 21.1-2. Residential picketing. A person commits 
7residential picketing when he or she pickets before or about 
8the residence
or dwelling of any person, except when the 
9residence or dwelling is used
as a place of business or is the 
10residence of an elected official. This Article does not apply 
11to a person
peacefully picketing his own residence or dwelling 
12and does not prohibit
the peaceful picketing of the place of 
13holding a meeting or assembly on premises
commonly used to 
14discuss subjects of general public interest.

15(Source: P.A. 97-1108, eff. 1-1-13.)





16 (720 ILCS 5/21.1-3) (from Ch. 38, par. 21.1-3)



17 Sec. 21.1-3. Sentence. Violation of Section 21.1-2 is a 
18petty offense Class B misdemeanor.

19(Source: P.A. 77-2638.)





20 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)


21 Sec. 24-1. Unlawful use of weapons. 

22 (a) A person commits the offense of unlawful use of weapons 
23when
he knowingly:

 
 
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1  (1) Sells, manufactures, purchases, possesses or 
2 carries any bludgeon,
black-jack, slung-shot, sand-club, 
3 sand-bag, metal knuckles or other knuckle weapon 
4 regardless of its composition, throwing star,
or any knife, 
5 commonly referred to as a switchblade knife, which has a

6 blade that opens automatically by hand pressure applied to 
7 a button,
spring or other device in the handle of the 
8 knife, or a ballistic knife,
which is a device that propels 
9 a knifelike blade as a projectile by means
of a coil 
10 spring, elastic material or compressed gas; or

11  (2) Carries or possesses with intent to use the same 
12 unlawfully
against another, a dagger, dirk, billy, 
13 dangerous knife, razor,
stiletto, broken bottle or other 
14 piece of glass, stun gun or taser or
any other dangerous or 
15 deadly weapon or instrument of like character; or

16  (3) Carries on or about his person or in any vehicle, a 
17 tear gas gun
projector or bomb or any object containing 
18 noxious liquid gas or
substance, other than an object 
19 containing a non-lethal noxious liquid gas
or substance 
20 designed solely for personal defense carried by a person 18

21 years of age or older; or

22  (4) Carries or possesses in any vehicle or concealed on 
23 or about his
person except when on his land or in his own 
24 abode, legal dwelling, or fixed place of
business, or on 
25 the land or in the legal dwelling of another person as an 
26 invitee with that person's permission, any pistol, 
 
 
HB6572- 95 -LRB099 21635 RLC 48106 b


1 revolver, stun gun or taser or other firearm, except
that

2 this subsection (a) (4) does not apply to or affect 
3 transportation of weapons
that meet one of the following 
4 conditions:

5   (i) are broken down in a non-functioning state; or

6   (ii) are not immediately accessible; or

7   (iii) are unloaded and enclosed in a case, firearm 
8 carrying box,
shipping box, or other container by a 
9 person who has been issued a currently
valid Firearm 
10 Owner's
Identification Card; or
11   (iv) are carried or possessed in accordance with 
12 the Firearm Concealed Carry Act by a person who has 
13 been issued a currently valid license under the Firearm 
14 Concealed Carry Act; or 

15  (5) Sets a spring gun; or

16  (6) Possesses any device or attachment of any kind 
17 designed, used or
intended for use in silencing the report 
18 of any firearm; or

19  (7) Sells, manufactures, purchases, possesses or 
20 carries:

21   (i) a machine gun, which shall be defined for the 
22 purposes of this
subsection as any weapon,
which 
23 shoots, is designed to shoot, or can be readily 
24 restored to shoot,
automatically more than one shot 
25 without manually reloading by a single
function of the 
26 trigger, including the frame or receiver
of any such 
 
 
HB6572- 96 -LRB099 21635 RLC 48106 b


1 weapon, or sells, manufactures, purchases, possesses, 
2 or
carries any combination of parts designed or 
3 intended for
use in converting any weapon into a 
4 machine gun, or any combination or
parts from which a 
5 machine gun can be assembled if such parts are in the

6 possession or under the control of a person;

7   (ii) any rifle having one or
more barrels less than 
8 16 inches in length or a shotgun having one or more

9 barrels less than 18 inches in length or any weapon 
10 made from a rifle or
shotgun, whether by alteration, 
11 modification, or otherwise, if such a weapon
as 
12 modified has an overall length of less than 26 inches; 
13 or

14   (iii) any
bomb, bomb-shell, grenade, bottle or 
15 other container containing an
explosive substance of 
16 over one-quarter ounce for like purposes, such
as, but 
17 not limited to, black powder bombs and Molotov 
18 cocktails or
artillery projectiles; or

19  (8) Carries or possesses any firearm, stun gun or taser 
20 or other
deadly weapon in any place which is licensed to 
21 sell intoxicating
beverages, or at any public gathering 
22 held pursuant to a license issued
by any governmental body 
23 or any public gathering at which an admission
is charged, 
24 excluding a place where a showing, demonstration or lecture

25 involving the exhibition of unloaded firearms is 
26 conducted.

 
 
HB6572- 97 -LRB099 21635 RLC 48106 b


1  This subsection (a)(8) does not apply to any auction or 
2 raffle of a firearm
held pursuant to
a license or permit 
3 issued by a governmental body, nor does it apply to persons

4 engaged
in firearm safety training courses; or

5  (9) Carries or possesses in a vehicle or on or about 
6 his person any
pistol, revolver, stun gun or taser or 
7 firearm or ballistic knife, when
he is hooded, robed or 
8 masked in such manner as to conceal his identity; or

9  (10) Carries or possesses on or about his person, upon 
10 any public street,
alley, or other public lands within the 
11 corporate limits of a city, village
or incorporated town, 
12 except when an invitee thereon or therein, for the
purpose 
13 of the display of such weapon or the lawful commerce in 
14 weapons, or
except when on his land or in his own abode, 
15 legal dwelling, or fixed place of business, or on the land 
16 or in the legal dwelling of another person as an invitee 
17 with that person's permission, any
pistol, revolver, stun 
18 gun or taser or other firearm, except that this
subsection 
19 (a) (10) does not apply to or affect transportation of 
20 weapons that
meet one of the following conditions:

21   (i) are broken down in a non-functioning state; or

22   (ii) are not immediately accessible; or

23   (iii) are unloaded and enclosed in a case, firearm 
24 carrying box,
shipping box, or other container by a 
25 person who has been issued a currently
valid Firearm 
26 Owner's
Identification Card; or

 
 
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1   (iv) are carried or possessed in accordance with 
2 the Firearm Concealed Carry Act by a person who has 
3 been issued a currently valid license under the Firearm 
4 Concealed Carry Act. 
5  A "stun gun or taser", as used in this paragraph (a) 
6 means (i) any device
which is powered by electrical 
7 charging units, such as, batteries, and
which fires one or 
8 several barbs attached to a length of wire and
which, upon 
9 hitting a human, can send out a current capable of 
10 disrupting
the person's nervous system in such a manner as 
11 to render him incapable of
normal functioning or (ii) any 
12 device which is powered by electrical
charging units, such 
13 as batteries, and which, upon contact with a human or

14 clothing worn by a human, can send out current capable of 
15 disrupting
the person's nervous system in such a manner as 
16 to render him incapable
of normal functioning; or

17  (11) Sells, manufactures or purchases any explosive 
18 bullet. For purposes
of this paragraph (a) "explosive 
19 bullet" means the projectile portion of
an ammunition 
20 cartridge which contains or carries an explosive charge 
21 which
will explode upon contact with the flesh of a human 
22 or an animal.
"Cartridge" means a tubular metal case having 
23 a projectile affixed at the
front thereof and a cap or 
24 primer at the rear end thereof, with the
propellant 
25 contained in such tube between the projectile and the cap; 
26 or

 
 
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1  (12) (Blank); or

2  (13) Carries or possesses on or about his or her person 
3 while in a building occupied by a unit of government, a 
4 billy club, other weapon of like character, or other 
5 instrument of like character intended for use as a weapon. 
6 For the purposes of this Section, "billy club" means a 
7 short stick or club commonly carried by police officers 
8 which is either telescopic or constructed of a solid piece 
9 of wood or other man-made material. 
10 (b) Sentence. A person convicted of a violation of 
11subsection 24-1(a)(1)
commits a petty offense. A person 
12convicted of a violation of subsection 24-1 (a)(4) or through 
13(5), subsection 24-1(a)(10) commits a Class C misdemeanor. A 
14person convicted of a violation of subsection 24-1(a)(2), 
15subsection 24-1(a)(3), subsection 24-1(a)(5),
subsection 
1624-1(a)(11), or subsection 24-1(a)(13) commits a Class A

17misdemeanor.
A person convicted of a violation of subsection

1824-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a person

19convicted of a violation of subsection 24-1(a)(6) or 
2024-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person 
21convicted of a violation of subsection
24-1(a)(7)(i) commits a 
22Class 2 felony and shall be sentenced to a term of imprisonment 
23of not less than 3 years and not more than 7 years, unless the 
24weapon is possessed in the
passenger compartment of a motor 
25vehicle as defined in Section 1-146 of the
Illinois Vehicle 
26Code, or on the person, while the weapon is loaded, in which

 
 
HB6572- 100 -LRB099 21635 RLC 48106 b


1case it shall be a Class X felony. A person convicted of a

2second or subsequent violation of subsection 24-1(a)(4), 
324-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 
4felony. The possession of each weapon in violation of this 
5Section constitutes a single and separate violation.

6 (c) Violations in specific places.

7  (1) A person who violates subsection 24-1(a)(6) or 
8 24-1(a)(7) in any
school, regardless of the time of day or 
9 the time of year, in residential
property owned, operated 
10 or managed by a public housing agency or
leased by
a public 
11 housing agency as part of a scattered site or mixed-income

12 development, in a
public park, in a courthouse, on the real 
13 property comprising any school,
regardless of the
time of 
14 day or the time of year, on residential property owned, 
15 operated
or
managed by a public housing agency
or leased by 
16 a public housing agency as part of a scattered site or

17 mixed-income development,
on the real property comprising 
18 any
public park, on the real property comprising any 
19 courthouse, in any conveyance
owned, leased or contracted 
20 by a school to
transport students to or from school or a 
21 school related activity, in any conveyance
owned, leased, 
22 or contracted by a public transportation agency, or on any

23 public way within 1,000 feet of the real property 
24 comprising any school,
public park, courthouse, public 
25 transportation facility, or residential property owned, 
26 operated, or managed
by a public housing agency
or leased 
 
 
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1 by a public housing agency as part of a scattered site or

2 mixed-income development
commits a Class 2 felony and shall 
3 be sentenced to a term of imprisonment of not less than 3 
4 years and not more than 7 years.

5  (1.5) A person who violates subsection 24-1(a)(4), 
6 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the 
7 time of day or the time of year,
in residential property 
8 owned, operated, or managed by a public
housing
agency
or 
9 leased by a public housing agency as part of a scattered 
10 site or
mixed-income development,
in
a public
park, in a 
11 courthouse, on the real property comprising any school, 
12 regardless
of the time of day or the time of year, on 
13 residential property owned,
operated, or managed by a 
14 public housing agency
or leased by a public housing agency 
15 as part of a scattered site or
mixed-income development,
on 
16 the real property
comprising any public park, on the real 
17 property comprising any courthouse, in
any conveyance 
18 owned, leased, or contracted by a school to transport 
19 students
to or from school or a school related activity, in 
20 any conveyance
owned, leased, or contracted by a public 
21 transportation agency, or on any public way within
1,000 
22 feet of the real property comprising any school, public 
23 park, courthouse,
public transportation facility, or 
24 residential property owned, operated, or managed by a 
25 public
housing agency
or leased by a public housing agency 
26 as part of a scattered site or
mixed-income development

 
 
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1 commits a Class 3 felony.

2  (2) A person who violates subsection 24-1(a)(1), 
3 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the 
4 time of day or the time of year, in
residential property 
5 owned, operated or managed by a public housing
agency
or 
6 leased by a public housing agency as part of a scattered 
7 site or
mixed-income development,
in
a public park, in a 
8 courthouse, on the real property comprising any school,

9 regardless of the time of day or the time of year, on 
10 residential property
owned, operated or managed by a public 
11 housing agency
or leased by a public housing agency as part 
12 of a scattered site or
mixed-income development,
on the 
13 real property
comprising any public park, on the real 
14 property comprising any courthouse, in
any conveyance 
15 owned, leased or contracted by a school to transport 
16 students
to or from school or a school related activity, in 
17 any conveyance
owned, leased, or contracted by a public 
18 transportation agency, or on any public way within
1,000 
19 feet of the real property comprising any school, public 
20 park, courthouse,
public transportation facility, or 
21 residential property owned, operated, or managed by a 
22 public
housing agency or leased by a public housing agency 
23 as part of a scattered
site or mixed-income development 
24 commits a Class 4 felony. "Courthouse"
means any building 
25 that is used by the Circuit, Appellate, or Supreme Court of

26 this State for the conduct of official business.

 
 
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1  (3) Paragraphs (1), (1.5), and (2) of this subsection 
2 (c) shall not
apply to law
enforcement officers or security 
3 officers of such school, college, or
university or to 
4 students carrying or possessing firearms for use in 
5 training
courses, parades, hunting, target shooting on 
6 school ranges, or otherwise with
the consent of school 
7 authorities and which firearms are transported unloaded

8 enclosed in a suitable case, box, or transportation 
9 package.

10  (4) For the purposes of this subsection (c), "school" 
11 means any public or
private elementary or secondary school, 
12 community college, college, or
university.

13  (5) For the purposes of this subsection (c), "public 
14 transportation agency" means a public or private agency 
15 that provides for the transportation or conveyance of

16 persons by means available to the general public, except 
17 for transportation
by automobiles not used for conveyance 
18 of the general public as passengers; and "public 
19 transportation facility" means a terminal or other place

20 where one may obtain public transportation.

21 (d) The presence in an automobile other than a public 
22omnibus of any
weapon, instrument or substance referred to in 
23subsection (a)(7) is
prima facie evidence that it is in the 
24possession of, and is being
carried by, all persons occupying 
25such automobile at the time such
weapon, instrument or 
26substance is found, except under the following
circumstances: 
 
 
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1(i) if such weapon, instrument or instrumentality is
found upon 
2the person of one of the occupants therein; or (ii) if such

3weapon, instrument or substance is found in an automobile 
4operated for
hire by a duly licensed driver in the due, lawful 
5and proper pursuit of
his trade, then such presumption shall 
6not apply to the driver.

7 (e) Exemptions. Crossbows, Common or Compound bows and 
8Underwater
Spearguns are exempted from the definition of 
9ballistic knife as defined in
paragraph (1) of subsection (a) 
10of this Section.

11(Source: P.A. 99-29, eff. 7-10-15.)





12 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)


13 Sec. 24-1.1. Unlawful Use or Possession of Weapons by 
14Felons or
Persons in the Custody of the
Department of 
15Corrections Facilities.
16 (a) It is unlawful
for a person to knowingly possess on or 
17about his person or on his land or
in his own abode or fixed 
18place of business any weapon prohibited under
Section 24-1 of 
19this Act or any firearm or any firearm ammunition if the
person 
20has been convicted of a felony involving an offense directed 
21against the person, a forcible felony, stalking, domestic 
22violence, an offense involving a weapon, or other offense in 
23which the sentencing order prohibited the person from 
24possessing a firearm or firearm ammunition, under the laws of 
25this State or any
other jurisdiction. This Section shall not 
 
 
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1apply if the person has been
granted relief by the Director of 
2the Department of State Police
under Section 10 of the Firearm 
3Owners Identification
Card Act.

4 (b) It is unlawful for any person confined in a penal 
5institution,
which is a facility of the Illinois Department of 
6Corrections, to possess
any weapon prohibited under Section 
724-1 of this Code or any firearm or
firearm ammunition, 
8regardless of the intent with which he possesses it.

9 (c) It shall be an affirmative defense to a violation of 
10subsection (b), that such possession was specifically 
11authorized by rule,
regulation, or directive of the Illinois 
12Department of Corrections or order
issued pursuant thereto.

13 (d) The defense of necessity is not available to a person 
14who is charged
with a violation of subsection (b) of this 
15Section.

16 (e) Sentence. Violation of this Section by a person not 
17confined
in a penal institution shall be a Class 3 felony
for 
18which the person shall be sentenced to no less than 2 years and 
19no
more than 10 years and any second or subsequent violation 
20shall be a Class 2 felony for which the person shall be 
21sentenced to a term of imprisonment of not less than 3 years 
22and not more than 14 years. Violation of this Section by a 
23person not confined in a
penal institution who has been 
24convicted of a forcible felony, a felony
violation of Article 
2524 of this Code or of the Firearm Owners Identification
Card 
26Act, stalking or aggravated stalking, or a Class 2 or greater 
 
 
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1felony
under the Illinois Controlled Substances Act, the 
2Cannabis Control Act, or the Methamphetamine Control and 
3Community Protection Act is a
Class 2 felony for which the 
4person
shall be sentenced to not less than 3 years and not more 
5than 14 years.
Violation of this Section by a person who is on 
6parole or mandatory supervised
release is a Class 2 felony for 
7which the person shall be sentenced to not less than 3 years 
8and not more than 14
years. Violation of this Section by a 
9person not confined in a penal
institution is a Class X felony 
10when the firearm possessed is a machine gun.
Any person who 
11violates this Section while confined in a penal
institution, 
12which is a facility of the Illinois Department of
Corrections, 
13is guilty of a Class 1
felony, if he possesses any weapon 
14prohibited under Section 24-1 of this
Code regardless of the 
15intent with which he possesses it, a Class X
felony if he 
16possesses any firearm, firearm ammunition or explosive, and a

17Class X felony for which the offender shall be sentenced to not 
18less than 12
years and not more than 50 years when the firearm 
19possessed is a machine
gun. A violation of this Section while 
20wearing or in possession of body armor as defined in Section 
2133F-1 is a Class X felony punishable by a term of imprisonment 
22of not less than 10 years and not more than 40 years.
The 
23possession of each firearm or firearm ammunition in violation 
24of this Section constitutes a single and separate violation.

25(Source: P.A. 97-237, eff. 1-1-12.)




 
 
HB6572- 107 -LRB099 21635 RLC 48106 b


1 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)



2 Sec. 24-3.1. Unlawful possession of firearms and firearm 
3ammunition. 

4 (a) A person commits the offense of unlawful possession of 
5firearms
or firearm ammunition when:


6  (1) He is under 18 years of age and has in his 
7 possession
any firearm of
a size which may be concealed 
8 upon the person; or


9  (2) He is under 21 years of age, has been convicted of 
10 a misdemeanor involving an offense directed against the 
11 person, stalking, domestic violence, an offense involving 
12 a weapon, or other offense in which the sentencing order 
13 prohibited the person from possessing a firearm or firearm 
14 ammunition,
other than a traffic offense, or adjudged 
15 delinquent and has
any firearms or
firearm ammunition in 
16 his possession; or


17  (3) He is a narcotic addict and has
any firearms or 
18 firearm ammunition
in his possession; or


19  (4) He has been a patient in a mental institution 
20 within the past 5 years
and has
any firearms or firearm 
21 ammunition in his possession. For purposes of this 
22 paragraph (4):
23   "Mental institution" means any hospital, 
24 institution, clinic, evaluation facility, mental 
25 health center, or part thereof, which is used primarily 
26 for the care or treatment of persons with mental 
 
 
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1 illness.
2   "Patient in a mental institution" means the person 
3 was admitted, either voluntarily or involuntarily, to 
4 a mental institution for mental health treatment, 
5 unless the treatment was voluntary and solely for an 
6 alcohol abuse disorder and no other secondary 
7 substance abuse disorder or mental illness; or


8  (5) He is a person with an intellectual disability and 
9 has
any firearms or firearm ammunition
in his possession; 
10 or


11  (6) He has in his possession any explosive bullet.

12 For purposes of this paragraph "explosive bullet" means the 
13projectile
portion of an ammunition cartridge which contains or 
14carries an explosive
charge which will explode upon contact 
15with the flesh of a human or an animal.
"Cartridge" means a 
16tubular metal case having a projectile affixed at the
front 
17thereof and a cap or primer at the rear end thereof, with the 
18propellant
contained in such tube between the projectile and 
19the cap.

20 (b) Sentence.

21 Unlawful possession of firearms, other than handguns, and 
22firearm
ammunition, other than paragraph (6) of subsection (a) 
23of this Section, is a Class A misdemeanor. Unlawful possession 
24of firearm ammunition under paragraph (6) of subsection (a) of 
25this Section handguns is a Class 4 felony. The possession of 
26each firearm or firearm ammunition in violation of this Section 
 
 
HB6572- 109 -LRB099 21635 RLC 48106 b


1constitutes a single and separate violation.


2 (c) Nothing in paragraph (1) of subsection (a) of this 
3Section prohibits
a person under 18 years of age from 
4participating in any lawful recreational
activity with a 
5firearm such as, but not limited to, practice shooting at

6targets upon established public or private target ranges or 
7hunting, trapping,
or fishing in accordance with the Wildlife 
8Code or the Fish and Aquatic Life
Code.

9(Source: P.A. 99-143, eff. 7-27-15.)


10 Section 35. The Cannabis Control Act is amended by changing 
11Sections 1, 4, 5, 5.2, 8, 9, 10, 16.1, and 16.2 and by adding 
12Section 10.4 as follows:




13 (720 ILCS 550/1) (from Ch. 56 1/2, par. 701)



14 Sec. 1. 


15 The General Assembly recognizes that (1) the current state 
16of scientific
and medical knowledge concerning the effects of 
17cannabis makes it necessary
to acknowledge the physical, 
18psychological and sociological damage which is
incumbent upon 
19its use; and (2) the use of cannabis occupies the unusual

20position of being widely used and pervasive among the citizens 
21of Illinois
despite its harmful effects; and (2) (3) previous 
22legislation enacted to
control or forbid the use of cannabis 
23has often unnecessarily and
unrealistically drawn a large 
24segment of our population within the criminal
justice system 
 
 
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1without succeeding in deterring the expansion of cannabis
use. 
2It is, therefore, the intent of the General Assembly, in the 
3interest
of the health and welfare of the citizens of Illinois, 
4to establish a
reasonable penalty system which is responsive to 
5the current state of
knowledge concerning cannabis, which 
6enhances revenue for public purposes and reduces arrest costs 
7and which directs the greatest efforts of law
enforcement 
8agencies toward the commercial traffickers and large-scale

9purveyors of cannabis. To this end, this Act provides wide 
10latitude in the
sentencing discretion of the courts and 
11establishes penalties in a sharply
rising progression based on 
12the amount of cannabis and substances containing cannabis

13involved in each case.

14(Source: P.A. 77-758.)





15 (720 ILCS 550/4) (from Ch. 56 1/2, par. 704)



16 Sec. 4. Cannabis possession. It is unlawful for any person 
17knowingly to possess the amount of cannabis listed in this 
18Section. Any person
who violates this section with respect to:

19  (a) not more than 57 2.5 grams of any substance 
20 containing cannabis commits a civil violation and shall be 
21 fined $25 is
guilty of a Class C misdemeanor;

22  (b) (blank);  more than 2.5 grams but not more than 10 
23 grams of any substance
containing cannabis is guilty of a 
24 Class B misdemeanor;

25  (c) (blank); more than 10 grams but not more than 30 
 
 
HB6572- 111 -LRB099 21635 RLC 48106 b


1 grams of any substance
containing cannabis is guilty of a 
2 Class A misdemeanor; provided, that if
any offense under 
3 this subsection (c) is a subsequent offense, the offender

4 shall be guilty of a Class 4 felony;

5  (d) more than 57 30 grams but not more than 500 grams 
6 of any substance
containing cannabis is guilty of a Class A 
7 misdemeanor 4 felony; provided that if any
offense under 
8 this subsection (d) is a subsequent offense, the offender

9 shall be guilty of a Class 4 3 felony;

10  (e) more than 500 grams but not more than 2,000 grams 
11 of any substance
containing cannabis is guilty
of a Class 4 
12 3 felony;

13  (f) more than 2,000 grams but not more than 5,000 grams 
14 of any
substance containing cannabis is guilty of a Class 3 
15 2 felony;

16  (g) more than 5,000 grams of any substance containing 
17 cannabis is guilty
of a Class 2 1 felony.

18 If a person 18 years of age or under commits a violation of 
19Section 4(a), he or she shall be subject to a civil fine of $25 
20and the local authorities having jurisdiction shall mail a copy 
21of the notice of violation to the parent or guardian of the 
22person to whom the notice of violation is issued at the address 
23provided by the person at the time the citation is issued under 
24Section 10.4.
25 A violation of Section 4(a) shall not constitute a criminal 
26offense, drug offense, or a finding of guilt of a criminal or 
 
 
HB6572- 112 -LRB099 21635 RLC 48106 b


1drug offense or be considered a conviction of this Section or 
2Act or a lesser included crime of a criminal offense and shall 
3not subject a person to any other form of criminal or civil 
4punishment or denial of any rights or privileges under State 
5law. 
6(Source: P.A. 90-397, eff. 8-15-97.)





7 (720 ILCS 550/5) (from Ch. 56 1/2, par. 705)



8 Sec. 5. Cannabis manufacture, delivery, or
possession with 
9intent to deliver, or manufacture. It is unlawful for any 
10person knowingly to manufacture, deliver, or
possess with 
11intent to deliver, or manufacture, the amounts of cannabis 
12listed in this Section. Any person who
violates this section 
13with respect to:

14  (a) not more than 57 2.5 grams of any substance 
15 containing cannabis commits a civil violation and shall be 
16 fined $25 is
guilty of a Class B misdemeanor;

17  (b) (blank); more than 2.5 grams but not more than 10 
18 grams of any substance
containing cannabis is guilty of a 
19 Class A misdemeanor;

20  (c) (blank); more than 10 grams but not more than 30 
21 grams of any substance
containing cannabis is guilty of a 
22 Class 4 felony;

23  (d) more than 57 30 grams but not more than 500 grams 
24 of any substance
containing cannabis is guilty of a Class A 
25 misdemeanor 3 felony for which a fine not
to exceed $25,000 
 
 
HB6572- 113 -LRB099 21635 RLC 48106 b


1 $50,000 may be imposed;

2  (e) more than 500 grams but not more than 2,000 grams 
3 of any substance
containing cannabis is guilty
of a Class 3 
4 2 felony for which a fine not to exceed $100,000 may be

5 imposed;

6  (f) more than 2,000 grams but not more than 5,000 grams 
7 of any
substance containing cannabis is guilty of a Class 2 
8 1 felony for which a
fine not to exceed $150,000 may be 
9 imposed;

10  (g) more than 5,000 grams of any substance containing 
11 cannabis is guilty
of a Class 1 X felony for which a fine 
12 not to exceed $200,000 may be imposed.

13 A violation of Section 5(a) shall not constitute a criminal 
14offense, drug offense, or a finding of guilt of a criminal or 
15drug offense or be considered a conviction of this Section or 
16Act or a lesser included crime of a criminal offense and shall 
17not subject a person to any other form of criminal or civil 
18punishment or denial of any rights or privileges under State 
19law. 
20(Source: P.A. 90-397, eff. 8-15-97.)





21 (720 ILCS 550/5.2) (from Ch. 56 1/2, par. 705.2)



22 Sec. 5.2. Delivery of cannabis on school grounds. 

23 (a) Any person who violates subsection (g) (e) of Section 5 
24in any school,
on the real property comprising any school, or 
25any conveyance owned, leased
or contracted by a school to 
 
 
HB6572- 114 -LRB099 21635 RLC 48106 b


1transport students to or from school or a
school related 
2activity, or on any public way within
1,000 feet of the real 
3property comprising any school, or any conveyance
owned, leased 
4or contracted by a school to transport students to or from

5school or a school related activity, during the school year and 
6during school hours, is guilty of a Class
1 felony, the fine 
7for which shall not exceed $200,000;

8 (b) Any person who violates subsection (f) (d) of Section 5 
9in any school,
on the real property comprising any school, or 
10any conveyance owned, leased
or contracted by a school to 
11transport students to or from school or a
school related 
12activity, or on any public way within 1,000 feet of the real

13property comprising any school, or any conveyance owned, leased 
14or
contracted by a school to transport students to or from 
15school or a school
related activity, during the school year and 
16during school hours, is guilty of a Class 2 felony, the fine 
17for which shall
not exceed $100,000;

18 (c) Any person who violates subsection (e) (c) of Section 5 
19in any school,
on the real property comprising any school, or 
20any conveyance owned, leased
or contracted by a school to 
21transport students to or from school or a
school related 
22activity, or on any public way within 1,000 feet of the real

23property comprising any school, or any conveyance owned, leased 
24or
contracted by a school to transport students to or from 
25school or a school
related activity, during the school year and 
26during school hours, is guilty of a Class 3 felony, the fine 
 
 
HB6572- 115 -LRB099 21635 RLC 48106 b


1for which shall
not exceed $50,000;

2 (d) Any person who violates subsection (d) (b) of Section 5 
3in any school,
on the real property comprising any school, or 
4any conveyance owned, leased
or contracted by a school to 
5transport students to or from school or a
school related 
6activity, or on any public way within 1,000 feet of the real

7property comprising any school, or any conveyance owned, leased 
8or
contracted by a school to transport students to or from 
9school or a school
related activity, during the school year and 
10during school hours, is guilty of a Class 4 felony, the fine 
11for which shall
not exceed $25,000;

12 (e) Any person who violates subsection (a) of Section 5 in 
13any school,
on the real property comprising any school, or any 
14conveyance owned, leased
or contracted by a school to transport 
15students to or from school or a
school related activity, on any 
16public way within 1,000 feet of the real
property comprising 
17any school, or any conveyance owned, leased or
contracted by a 
18school to transport students to or from school or a school

19related activity, during the school year and during school 
20hours, is guilty of a Class A misdemeanor.

21(Source: P.A. 87-544.)




22 (720 ILCS 550/8) (from Ch. 56 1/2, par. 708)



23 Sec. 8. It is unlawful for any person knowingly to produce 
24the
cannabis sativa plant or to possess the amount of such 
25plants listed in this Section unless production, processing, 
 
 
HB6572- 116 -LRB099 21635 RLC 48106 b


1growing, or possession
has been authorized under pursuant to 
2the provisions of Section 11 or 15.2 of this the Act.
Any 
3person who violates this Section with respect to production, 
4processing, growing, or possession of:

5  (a) Not more than 5 plants, provided the violation is 
6 not conducted openly or publicly and not for sale or 
7 consideration, commits a civil violation and shall be fined 
8 $25 is guilty of a Class A misdemeanor.

9  (a-5) Not more than 5 plants, provided the violation is 
10 conducted openly or publicly or for sale or consideration, 
11 commits a Class A misdemeanor. 
12  (b) More than 5, but not more than 20 plants, is guilty

13 of a Class A misdemeanor 4 felony.

14  (c) More than 20, but not more than 50 plants, is

15 guilty of a Class 3 felony.

16  (d) More than 50, but not more than 200 plants, is 
17 guilty of a Class 2 felony for which
a fine not to exceed 
18 $100,000 may be imposed and for which liability for
the 
19 cost of conducting the investigation and eradicating such 
20 plants may be
assessed. Compensation for expenses incurred 
21 in the enforcement of this
provision shall be transmitted 
22 to and deposited in the treasurer's office
at the level of 
23 government represented by the Illinois law enforcement

24 agency whose officers or employees conducted the 
25 investigation or caused
the arrest or arrests leading to 
26 the prosecution, to be subsequently made
available to that 
 
 
HB6572- 117 -LRB099 21635 RLC 48106 b


1 law enforcement agency as expendable receipts for use in

2 the enforcement of laws regulating controlled substances 
3 and cannabis. If
such seizure was made by a combination of 
4 law enforcement personnel
representing different levels of 
5 government, the court levying the
assessment shall 
6 determine the allocation of such assessment. The proceeds

7 of assessment awarded to the State treasury shall be 
8 deposited in a special
fund known as the Drug Traffic 
9 Prevention Fund.
10  (e) More than 200 plants is guilty of a Class 1 felony 
11 for which
a fine not to exceed $100,000 may be imposed and 
12 for which liability for
the cost of conducting the 
13 investigation and eradicating such plants may be
assessed. 
14 Compensation for expenses incurred in the enforcement of 
15 this
provision shall be transmitted to and deposited in the 
16 treasurer's office
at the level of government represented 
17 by the Illinois law enforcement
agency whose officers or 
18 employees conducted the investigation or caused
the arrest 
19 or arrests leading to the prosecution, to be subsequently 
20 made
available to that law enforcement agency as expendable 
21 receipts for use in
the enforcement of laws regulating 
22 controlled substances and cannabis. If
such seizure was 
23 made by a combination of law enforcement personnel

24 representing different levels of government, the court 
25 levying the
assessment shall determine the allocation of 
26 such assessment. The proceeds
of assessment awarded to the 
 
 
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1 State treasury shall be deposited in a special
fund known 
2 as the Drug Traffic Prevention Fund.


3 A violation of subsection (a) of this Section shall not 
4constitute a criminal offense, drug offense, or a finding of 
5guilt of a criminal or drug offense or be considered a 
6conviction of this Section or Act or a lesser included crime of 
7a criminal offense and shall not subject a person to any other 
8form of criminal or civil punishment or denial of any rights or 
9privileges under State law. 
10(Source: P.A. 98-1072, eff. 1-1-15.)





11 (720 ILCS 550/9) (from Ch. 56 1/2, par. 709)



12 Sec. 9. 
(a) Any person who engages in a calculated criminal

13cannabis conspiracy, as defined in subsection (b), is guilty of 
14a Class
3 felony, and fined not more than $200,000 and shall be 
15subject to the
forfeitures prescribed in subsection (c); except 
16that, if any person
engages in such offense after one or more 
17prior convictions under this
Section, Section 4 (d), Section 5 
18(d), Section 8 (d) or any law of the United
States
or of any 
19State relating to cannabis, or controlled substances as
defined 
20in the Illinois Controlled Substances Act, in addition to the

21fine and forfeiture authorized above, he shall be guilty of a 
22Class 1
felony for which an offender may not be sentenced to 
23death.

24 (b) For purposes of this section, a person engages in a 
25calculated
criminal cannabis conspiracy when:

 
 
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1  (1) he violates Section 4 (d), 4 (e), 5 (d), 5 (e), 8 
2 (c)
or 8 (d) of this Act; and

3  (2) such violation is a part of a conspiracy undertaken 
4 or carried
on with 2 or more other persons; and

5  (3) he obtains anything of value greater than $500 
6 from, or
organizes, directs or finances such violation or 
7 conspiracy.

8 (c) Any person who is convicted under this Section of 
9engaging in a
calculated criminal cannabis conspiracy shall 
10forfeit to the State of
Illinois:

11  (1) the receipts obtained by him in such conspiracy; 
12 and

13  (2) any of his interests in, claims against, receipts 
14 from, or
property or rights of any kind affording a source 
15 of influence over,
such conspiracy.

16 (d) The circuit court may enter such injunctions, 
17restraining
orders, directions, or prohibitions, or take such 
18other actions,
including the acceptance of satisfactory 
19performance bonds, in
connection with any property, claim, 
20receipt, right or other interest
subject to forfeiture under 
21this Section, as it deems proper.

22(Source: P.A. 84-1233.)





23 (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)



24 Sec. 10. (a)
Whenever any person who has not previously 
25been convicted of, or placed
on probation or court supervision 
 
 
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1for, any offense under this Act or any
law of the United States 
2or of any State relating to cannabis, or controlled
substances 
3as defined in the Illinois Controlled Substances Act, pleads

4guilty to or is found guilty of violating Sections 4(a), 4(b), 
54(c),
5(a), 5(b), 5(c) or 8 of this Act, the court may, without 
6entering a
judgment and with the consent of such person, 
7sentence him to probation.

8 (b) When a person is placed on probation, the court shall 
9enter an order
specifying a period of probation of 24 months, 
10and shall defer further
proceedings in
the case until the 
11conclusion of the period or until the filing of a petition

12alleging violation of a term or condition of probation.

13 (c) The conditions of probation shall be that the person: 
14(1) not violate
any criminal statute of any jurisdiction; (2) 
15refrain from possession of a
firearm
or other dangerous weapon; 
16(3) submit to periodic drug testing at a time and in
a manner 
17as ordered by the court, but no less than 3 times during the 
18period of
the probation, with the cost of the testing to be 
19paid by the probationer; and
(4) perform no less than 30 hours 
20of community service, provided community
service is available 
21in the jurisdiction and is funded and approved by the
county 
22board.

23 (d) The court may, in addition to other conditions, require

24that the person:

25  (1) make a report to and appear in person before or 
26 participate with the
court or such courts, person, or 
 
 
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1 social service agency as directed by the
court in the order 
2 of probation;

3  (2) pay a fine and costs;

4  (3) work or pursue a course of study or vocational 
5 training;

6  (4) undergo medical or psychiatric treatment; or 
7 treatment for drug
addiction or alcoholism;

8  (5) attend or reside in a facility established for the 
9 instruction or
residence of defendants on probation;

10  (6) support his dependents;

11  (7) refrain from possessing a firearm or other 
12 dangerous weapon;

13  (7-5) refrain from having in his or her body the 
14 presence of any illicit
drug prohibited by the Cannabis 
15 Control Act, the Illinois Controlled
Substances Act, or the 
16 Methamphetamine Control and Community Protection Act, 
17 unless prescribed by a physician, and submit samples of
his 
18 or her blood or urine or both for tests to determine the 
19 presence of any
illicit drug;

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

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

22   (ii) attend school;

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

24   (iv) contribute to his own support at home or in a 
25 foster home.

26 (e) Upon violation of a term or condition of probation, the

 
 
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1court
may enter a judgment on its original finding of guilt and 
2proceed as otherwise
provided.

3 (f) Upon fulfillment of the terms and
conditions of 
4probation, the court shall discharge such person and dismiss

5the proceedings against him.

6 (g) A disposition of probation is considered to be a 
7conviction
for the purposes of imposing the conditions of 
8probation and for appeal,
however, discharge and dismissal 
9under this Section is not a conviction for
purposes of 
10disqualification or disabilities imposed by law upon 
11conviction of
a crime (including the additional penalty imposed 
12for subsequent offenses under
Section 4(c), 4(d), 5(c) or 5(d) 
13of this Act).

14 (h) Discharge and dismissal under this Section,
Section 410 
15of the Illinois Controlled Substances Act, Section 70 of the 
16Methamphetamine Control and Community Protection Act, Section 
175-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or 
18subsection (c) of Section 11-14 of the Criminal Code of 1961 or 
19the Criminal Code of 2012 may occur only once
with respect to 
20any person.

21 (i) If a person is convicted of an offense under this Act, 
22the Illinois
Controlled Substances Act, or the Methamphetamine 
23Control and Community Protection Act within 5 years
subsequent 
24to a discharge and dismissal under this Section, the discharge 
25and
dismissal under this Section shall be admissible in the 
26sentencing proceeding
for that conviction
as a factor in 
 
 
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1aggravation.

2 (j) Notwithstanding subsection (a), before a person is 
3sentenced to probation under this Section, the court may refer 
4the person to the drug court established in that judicial 
5circuit pursuant to Section 15 of the Drug Court Treatment Act. 
6The drug court team shall evaluate the person's likelihood of 
7successfully completing a sentence of probation under this 
8Section and shall report the results of its evaluation to the 
9court. If the drug court team finds that the person suffers 
10from a substance abuse problem that makes him or her 
11substantially unlikely to successfully complete a sentence of 
12probation under this Section, then the drug court shall set 
13forth its findings in the form of a written order, and the 
14person shall not be sentenced to probation under this Section, 
15but may be considered for the drug court program.
16(Source: P.A. 98-164, eff. 1-1-14; 99-480, eff. 9-9-15.)


17 (720 ILCS 550/10.4 new)
18 Sec. 10.4. Civil violations.
19 (a) For violations of Section 4 (a), Section 5 (a) and 
20Section 8 (a), the local authorities having jurisdiction shall 
21issue a notice of violation, which shall be uniform throughout 
22the State. The notice of violation shall include:
23  (1) the name and address of the person subject to the 
24 notice of violation;
25  (2) the date and time the violation occurred;
 
 
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1  (3) the municipality or county where the violation 
2 occurred;
3  (4) the statutory fine for the violation;
4  (5) the date by which the fine must be paid or an 
5 answer must be entered;
6  (6) a warning that failure to pay the fine or answer 
7 may result in a penalty fine; and
8  (7) a notice that the person may admit the violation 
9 and pay the fine, admit the violation and request a hearing 
10 or deny the violation and request a hearing.
11 (b) A person who has violated Section 4(a), Section 5(a) or 
12Section 8(a) of this Act, upon request, shall inform the local 
13authorities of his or her name and address for the purpose of 
14including that information on a notice of violation; provided, 
15that no person shall be required to possess or display any 
16documentary proof of his or her name or address. A person who 
17refuses to provide his or her name and address or who knowingly 
18provides an incorrect name or address to local authorities in 
19violation of this subsection (b) shall be fined an additional 
20$100.
21 (c) Local authorities shall not issue a notice of violation 
22to persons possessing a registry identification card as defined 
23in the Compassionate Use of Medical Cannabis Pilot Program Act.
24 (d) A person shall answer a notice of violation within 14 
25calendar days of the date the notice of violation was issued in 
26person or by mail as follows:
 
 
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1  (1) admit the violation;
2  (2) admit the violation, but with an explanation; or
3  (3) deny the violation.
4 (e) For the purposes of answering a notice of violation, a 
5person who:
6  (1) admits the violation shall, at the time of 
7 submitting his or her answer, pay the fine
as set forth in 
8 Section 4(a), Section 5(a), or Section 8(a) of this Act in 
9 person or by mail and, if applicable, the fine in 
10 subsection (b) of this Section;
11  (2) denies the violation shall receive notice of an 
12 administrative hearing within 14 days of receipt of her or 
13 his answer a notice with information about a hearing date;
14  (3) admits the violation with an explanation shall 
15 receive notice of an administrative hearing within 14 days 
16 of receipt of her or his answer a notice with information 
17 about a hearing date.
18 (f) A person who fails to respond to the notice of 
19violation within 14 calendar days of the date of issuance shall 
20be found liable for a civil violation and in default and shall 
21be assessed both the fine as set forth in Section 4(a), Section 
225(a), or Section 8(a) of this Act and an additional penalty 
23equal to the amount of the fine.
24 (g) Upon consideration of the evidence at the hearing, the 
25adjudicator shall make one of the following determinations:
26  (1) dismiss the violation, if the adjudicator finds 
 
 
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1 that a violation was not established;
2  (2) dismiss the violation, if another law in this State 
3 provides immunity to the establishment of a notice of 
4 violation under this Act, such as a registry 
5 indemnification card issued under the Compassionate Use of 
6 Medical Cannabis Pilot Program Act; or
7  (3) require the payment of the civil fine set forth in 
8 Section 4(a), Section 5(a), or Section 8(a) of this Act if 
9 a determination is made that the violation has been 
10 established.
11 (h) A person who has answered a notice of violation, but 
12fails, without good cause, to appear at the scheduled hearing 
13shall be found liable for a violation of Section 4(a), Section 
145(a), or Section 8(a) of this Act and in default and shall be 
15assessed both the fine a set forth in the applicable Section 
16and an additional penalty equal to the amount of the fine.
17 (i) Civil violations of Section 4(a), Section 5(a), and 
18Section 8(a) of this Act shall be adjudicated through 
19administrative hearing in any municipality or county in 
20accordance with this Section. The adjudicator shall determine 
21whether a civil violation has been established by a 
22preponderance of the evidence. Any ordinance establishing a 
23system of administrative adjudication under this Section shall 
24provide for an administrator authorized to adopt, distribute, 
25and process the notice of violation and other notices required 
26by this Section, collect money paid as fines and operate an 
 
 
HB6572- 127 -LRB099 21635 RLC 48106 b


1administrative adjudication system.
2 (j) Nothing contained in this Section shall prohibit a 
3local government from enacting an ordinance regulating or 
4prohibiting the consumption of cannabis in public provided that 
5the penalties are not greater than those for the public 
6consumption of alcohol.
7 (k) The issuance of a notice of violation or a 
8determination that the violation has been established shall not 
9be considered a criminal offense or a drug offense or a finding 
10of guilt of a criminal or drug offense, a criminal conviction 
11or a violation of parole, mandatory supervised release, 
12probation, conditional discharge, or supervision.
13 (l) The receipt of a notice of violation or a hearing for a 
14violation of Section 4(a), Section 5(a), or Section 8(a) of 
15this Act shall not create a criminal history record of any kind 
16and no information about the violation shall be maintained in 
17any criminal or public record or database and shall not be 
18subject to public inspection.
19 (m) No other fines, fees, penalties, or costs shall be 
20assessed on a finding of liability for a violation of Section 
214(a), Section 5(a), or Section 8(a) of this Act except as set 
22forth in subsections (b) and (h) of this Section.
23 (n) The provisions of this Section shall be applicable and 
24uniform throughout this State and in all political subdivisions 
25in this State, and no local authority shall enact or enforce 
26any ordinance, rule, or regulation in conflict with this Act, 
 
 
HB6572- 128 -LRB099 21635 RLC 48106 b


1unless expressly authorized by this Act. Local authorities may, 
2however, adopt additional regulations which are not in conflict 
3with the provisions of this Act.




4 (720 ILCS 550/16.1) (from Ch. 56 1/2, par. 716.1)



5 Sec. 16.1. 
In any prosecution for any violation of this 
6Act, except for violations of Sections 4(a), 5(a), and 8(a) of 
7this Act, it shall
be an affirmative defense that the substance 
8possessed by the defendant
was regulated as a controlled 
9substance under the Illinois Controlled Substances
Act. In 
10order to raise
this affirmative defense, the defendant shall 
11give notice thereof to the
State not less than 7 days prior to 
12trial.

13(Source: P.A. 84-1313; 84-1362.)


14 (720 ILCS 550/16.2)
15 Sec. 16.2. Preservation of cannabis or cannabis sativa 
16plants for laboratory testing.
17 (a) Before or after the trial in a prosecution for a 
18violation of subsection (d), (e), (f), or (g) of Section 4, 
19subsection (d), (e), (f), or (g) of Section 5, subsection (b), 
20(c), (d), or (e) of Section 8, or Section 5.1, 5.2, or 9 of this 
21Act Section 4, 5, 5.1, 5.2, 8, or 9 of this Act, a law 
22enforcement agency or an agent acting on behalf of the law 
23enforcement agency must preserve, subject to a continuous chain 
24of custody, not less than 6,001 grams of any substance 
 
 
HB6572- 129 -LRB099 21635 RLC 48106 b


1containing cannabis and not less than 51 cannabis sativa plants 
2with respect to the offenses enumerated in this subsection (a) 
3and must maintain sufficient documentation to locate that 
4evidence. Excess quantities with respect to the offenses 
5enumerated in this subsection (a) cannot practicably be 
6retained by a law enforcement agency because of its size, bulk, 
7and physical character.
8 (b) The court may before trial transfer excess quantities 
9of any substance containing cannabis or cannabis sativa plants 
10with respect to a prosecution for any offense enumerated in 
11subsection (a) to the sheriff of the county, or may in its 
12discretion transfer such evidence to the Department of State 
13Police, for destruction after notice is given to the 
14defendant's attorney of record or to the defendant if the 
15defendant is proceeding pro se.
16 (c) After a judgment of conviction is entered and the 
17charged quantity is no longer needed for evidentiary purposes 
18with respect to a prosecution for any offense enumerated in 
19subsection (a), the court may transfer any substance containing 
20cannabis or cannabis sativa plants to the sheriff of the 
21county, or may in its discretion transfer such evidence to the 
22Department of State Police, for destruction after notice is 
23given to the defendant's attorney of record or to the defendant 
24if the defendant is proceeding pro se. No evidence shall be 
25disposed of until 30 days after the judgment is entered, and if 
26a notice of appeal is filed, no evidence shall be disposed of 
 
 
HB6572- 130 -LRB099 21635 RLC 48106 b


1until the mandate has been received by the circuit court from 
2the Appellate Court.

3(Source: P.A. 94-180, eff. 7-12-05.)

4 Section 40. The Illinois Controlled Substances Act is 
5amended by changing Sections 401 and 402 as follows:



6 (720 ILCS 570/401) (from Ch. 56 1/2, par. 1401)


7 Sec. 401. Except as authorized by this Act, it is unlawful 
8for any
person knowingly to manufacture or deliver, or possess 
9with intent to
manufacture or deliver, a controlled substance 
10other than methamphetamine, a counterfeit substance, or a 
11controlled
substance analog. A violation of this Act with 
12respect to each of the controlled
substances listed herein 
13constitutes a single and separate violation of this
Act. For 
14purposes of this Section, "controlled substance analog" or 
15"analog"
means a substance, other than a controlled substance, 
16that has a chemical structure substantially similar to that of 
17a controlled
substance in Schedule I or II, or that was 
18specifically designed to produce
an effect substantially 
19similar to that of a controlled substance in Schedule
I or II. 
20Examples of chemical classes in which controlled substance 
21analogs
are found include, but are not limited to, the 
22following: phenethylamines,
N-substituted piperidines, 
23morphinans, ecgonines, quinazolinones, substituted
indoles, 
24and arylcycloalkylamines. For purposes of this Act, a 
 
 
HB6572- 131 -LRB099 21635 RLC 48106 b


1controlled
substance analog shall be treated in the same manner 
2as the controlled
substance to which it is substantially 
3similar.

4 (a) Any person who knowingly manufactures or possesses with 
5intent to manufacture violates this Section with respect to the 
6following
amounts of controlled or counterfeit substances or 
7controlled substance
analogs, notwithstanding any of the 
8provisions of subsections (c),
(d), (e), (f), (g) or (h) to the 
9contrary, is guilty of the specific felony offenses set forth 
10in this Section a Class X felony
and shall be sentenced to a 
11term of imprisonment as provided in this subsection
(a) and 
12fined as provided in subsection (b):

13  (1) (A) a Class 2 felony not less than 6 years and not 
14 more than 30 years with respect
to 15 grams or more but 
15 less than 100 grams of a substance containing
heroin, 
16 or an analog thereof;

17   (B) a Class 1 felony and sentenced to not less than 
18 9 years and not more than 15 40 years with respect to 
19 100
grams or more but less than 400 grams of a 
20 substance containing heroin, or
an analog thereof;

21   (C) a Class X felony and sentenced to not less than 
22 12 years and not more than 25 50 years with respect to

23 400 grams or more but less than 900 grams of a 
24 substance containing heroin,
or an analog thereof;

25   (D) a Class X felony and sentenced to not less than 
26 15 years and not more than 30 60 years with respect to

 
 
HB6572- 132 -LRB099 21635 RLC 48106 b


1 900 grams or more of any substance containing heroin, 
2 or an analog thereof;

3  (1.5) (A) a Class 2 felony not less than 6 years and 
4 not more than 30 years with respect to 15 grams or more 
5 but less than 100 grams of a substance containing 
6 fentanyl, or an analog thereof;

7   (B) a Class 1 felony and sentenced to not less than 
8 9 years and not more than 15 40 years with respect to 
9 100 grams or more but less than 400 grams of a 
10 substance containing fentanyl, or an analog thereof;
11   (C) a Class X felony and sentenced to not less than 
12 12 years and not more than 25 50 years with respect to 
13 400 grams or more but less than 900 grams of a 
14 substance containing fentanyl, or an analog thereof;
15   (D) a Class X felony and sentenced to not less than 
16 15 years and not more than 30 60 years with respect to 
17 900 grams or more of a substance containing fentanyl, 
18 or an analog thereof;

19  (2) (A) a Class 2 felony not less than 6 years and not 
20 more than 30 years with respect
to 15 grams or more but 
21 less than 100 grams of a substance containing
cocaine, 
22 or an analog thereof;

23   (B) a Class 1 felony and sentenced to not less than 
24 9 years and not more than 40 years with respect to 100

25 grams or more but less than 400 grams of a substance 
26 containing cocaine, or
an analog thereof;

 
 
HB6572- 133 -LRB099 21635 RLC 48106 b


1   (C) a Class X felony and sentenced to not less than 
2 12 years and not more than 25 50 years with respect to

3 400 grams or more but less than 900 grams of a 
4 substance containing cocaine,
or an analog thereof;

5   (D) a Class X felony and sentenced to not less than 
6 15 years and not more than 30 60 years with respect to

7 900 grams or more of any substance containing cocaine, 
8 or an analog thereof;

9  (3) (A) a Class 2 felony not less than 6 years and not 
10 more than 30 years with respect
to 15 grams or more but 
11 less than 100 grams of a substance containing
morphine, 
12 or an analog thereof;

13   (B) a Class 1 felony and sentenced to not less than 
14 9 years and not more than 15 40 years with respect to

15 100 grams or more but less than 400 grams of a 
16 substance containing morphine,
or an analog thereof;

17   (C) a Class X felony and sentenced to not less than 
18 12 years and not more than 25 50 years with respect to

19 400 grams or more but less than 900 grams of a 
20 substance containing
morphine, or an analog thereof;

21   (D) a Class X felony and sentenced to not less than 
22 15 years and not more than 30 60 years with respect to

23 900 grams or more of a substance containing morphine, 
24 or an analog thereof;

25  (4) a Class 2 felony for 200 grams or more of any 
26 substance containing peyote, or an
analog thereof;

 
 
HB6572- 134 -LRB099 21635 RLC 48106 b


1  (5) a Class 2 felony for 200 grams or more of any 
2 substance containing a derivative of
barbituric acid or any 
3 of the salts of a derivative of barbituric acid, or
an 
4 analog thereof;

5  (6) a Class 2 felony for 200 grams or more of any 
6 substance containing amphetamine
or any salt of an optical 
7 isomer of amphetamine,
or an analog thereof;

8  (6.5) (blank);

9  (6.6) (blank);

10  (7) (A) a Class 2 felony for not less than 6 years and 
11 not more than 30 years with respect
to: (i) 15 grams or 
12 more but less than 100 grams of a substance containing

13 lysergic acid diethylamide (LSD), or an analog 
14 thereof, or (ii) 15 or
more objects or 15 or more 
15 segregated parts of an object or objects but
less than 
16 200 objects or 200 segregated parts of an object or 
17 objects
containing in them or having upon them any 
18 amounts of any substance
containing lysergic acid 
19 diethylamide (LSD), or an analog thereof;

20   (B) a Class 1 felony and sentenced to not less than 
21 9 years and not more than 15 40 years with respect
to: 
22 (i) 100 grams or more but less than 400 grams of a 
23 substance containing
lysergic acid diethylamide (LSD), 
24 or an analog thereof, or (ii) 200 or more
objects or 
25 200 or more segregated parts of an object or objects 
26 but less
than 600 objects or less than 600 segregated 
 
 
HB6572- 135 -LRB099 21635 RLC 48106 b


1 parts of an object or objects
containing in them or 
2 having upon them any amount of any substance
containing 
3 lysergic acid diethylamide (LSD), or an analog 
4 thereof;

5   (C) a Class X felony and sentenced to not less than 
6 12 years and not more than 25 50 years with respect
to: 
7 (i) 400 grams or more but less than 900 grams of a 
8 substance containing
lysergic acid diethylamide (LSD), 
9 or an analog thereof, or (ii) 600 or more
objects or 
10 600 or more segregated parts of an object or objects 
11 but less
than 1500 objects or 1500 segregated parts of 
12 an object or objects
containing in them or having upon 
13 them any amount of any substance
containing lysergic 
14 acid diethylamide (LSD), or an analog thereof;

15   (D) a Class X felony and sentenced to not less than 
16 15 years and not more than 30 60 years with respect
to: 
17 (i) 900 grams or more of any substance containing 
18 lysergic acid
diethylamide (LSD), or an analog 
19 thereof, or (ii) 1500 or more objects or
1500 or more 
20 segregated parts of an object or objects containing in 
21 them or
having upon them any amount of a substance 
22 containing lysergic acid
diethylamide (LSD), or an 
23 analog thereof;

24  (7.5) (A) a Class 2 felony not less than 6 years and 
25 not more than 30 years with respect
to:
(i) 15
grams or 
26 more but less than 100 grams of a substance listed in 
 
 
HB6572- 136 -LRB099 21635 RLC 48106 b


1 paragraph (1),
(2), (2.1), (2.2), (3), (14.1), (19), 
2 (20), (20.1), (21), (25), or (26) of subsection
(d) of 
3 Section 204, or an analog or derivative thereof, or 
4 (ii) 15 or more
pills, tablets, caplets, capsules, or 
5 objects but less than 200 pills, tablets,
caplets, 
6 capsules, or objects containing in them or having upon 
7 them any
amounts of any substance listed in paragraph 
8 (1), (2), (2.1), (2.2), (3), (14.1),
(19), (20), 
9 (20.1), (21), (25), or (26) of subsection (d) of 
10 Section 204, or
an analog or derivative thereof;

11   (B) a Class 1 felony and sentenced to not less than 
12 9 years and not more than 15 40 years with respect to:

13 (i) 100 grams or more but less than 400 grams of a 
14 substance listed in
paragraph (1), (2), (2.1), (2.2), 
15 (3), (14.1), (19), (20),
(20.1), (21), (25), or (26) of 
16 subsection (d) of Section 204, or an analog or

17 derivative thereof, or (ii) 200 or more pills, tablets, 
18 caplets, capsules, or
objects but less than 600 pills, 
19 tablets, caplets, capsules, or objects
containing in 
20 them or having upon them any amount of any substance 
21 listed in
paragraph (1), (2), (2.1), (2.2), (3), 
22 (14.1), (19), (20), (20.1), (21), (25), or (26)
of 
23 subsection (d) of Section 204, or an analog or 
24 derivative thereof;

25   (C) a Class X felony and sentenced to not less than 
26 12 years and not more than 25 50 years with respect to:

 
 
HB6572- 137 -LRB099 21635 RLC 48106 b


1 (i) 400 grams or more but less than 900 grams of a 
2 substance listed in
paragraph (1), (2), (2.1), (2.2), 
3 (3), (14.1), (19), (20), (20.1), (21), (25), or (26)
of 
4 subsection (d) of Section 204, or an analog or 
5 derivative thereof,
or (ii) 600 or more pills, tablets, 
6 caplets, capsules, or objects but less than
1,500 
7 pills, tablets, caplets, capsules, or objects

8 containing in them or having upon them any amount of 
9 any substance listed in
paragraph (1), (2), (2.1), 
10 (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or 
11 (26)
of subsection (d) of Section 204, or an analog or 
12 derivative thereof;

13   (D) a Class X felony and sentenced to not less than 
14 15 years and not more than 30 60 years with respect to:

15 (i) 900 grams or more of any substance listed in 
16 paragraph (1), (2), (2.1),
(2.2), (3), (14.1), (19), 
17 (20), (20.1), (21), (25), or (26) of subsection (d) of

18 Section 204, or an analog or derivative thereof, or 
19 (ii) 1,500 or more pills,
tablets, caplets, capsules, 
20 or objects containing in them or having upon them
any 
21 amount
of a substance listed in paragraph (1), (2), 
22 (2.1), (2.2), (3), (14.1), (19),
(20), (20.1), (21), 
23 (25), or (26)
of subsection (d) of Section 204, or an 
24 analog or derivative thereof;

25  (8) a Class 2 felony for 30 grams or more of any 
26 substance containing pentazocine or any of
the salts, 
 
 
HB6572- 138 -LRB099 21635 RLC 48106 b


1 isomers and salts of isomers of pentazocine, or an analog 
2 thereof;

3  (9) a Class 2 felony for 30 grams or more of any 
4 substance containing methaqualone or any of
the salts, 
5 isomers and salts of isomers of methaqualone, or an analog 
6 thereof;

7  (10) a Class 2 felony for 30 grams or more of any 
8 substance containing phencyclidine or any
of the salts, 
9 isomers and salts of isomers of phencyclidine (PCP),
or an 
10 analog thereof;

11  (10.5) a Class 2 felony for 30 grams or more of any 
12 substance containing ketamine
or any of the salts, isomers 
13 and salts of isomers of ketamine,
or an analog thereof;

14  (10.6) a Class 2 felony for 100 grams or more of any 
15 substance containing hydrocodone, or any of the salts, 
16 isomers and salts of isomers of hydrocodone, or an analog 
17 thereof;
18  (10.7) a Class 2 felony for 100 grams or more of any 
19 substance containing dihydrocodeinone, or any of the 
20 salts, isomers and salts of isomers of dihydrocodeinone, or 
21 an analog thereof;
22  (10.8) a Class 2 felony for 100 grams or more of any 
23 substance containing dihydrocodeine, or any of the salts, 
24 isomers and salts of isomers of dihydrocodeine, or an 
25 analog thereof;
26  (10.9) a Class 2 felony for 100 grams or more of any 
 
 
HB6572- 139 -LRB099 21635 RLC 48106 b


1 substance containing oxycodone, or any of the salts, 
2 isomers and salts of isomers of oxycodone, or an analog 
3 thereof;
4  (11) a Class 2 felony for 200 grams or more of any 
5 substance containing any other controlled
substance 
6 classified in Schedules I or II, or an analog thereof, 
7 which is
not otherwise included in this subsection.

8 (b) Any person sentenced with respect to violations of 
9paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) 
10involving
100 grams or
more of the
controlled substance named 
11therein, may in addition to the penalties
provided therein, be 
12fined an amount not more than $500,000 or the full
street value 
13of the controlled or counterfeit substance or controlled 
14substance
analog, whichever is greater. The term "street value" 
15shall have the
meaning ascribed in Section 110-5 of the Code of 
16Criminal Procedure of
1963. Any person sentenced with respect 
17to any other provision of
subsection (a), may in addition to 
18the penalties provided therein, be fined
an amount not to 
19exceed $500,000.
20 (b-1) Excluding violations of this Act when the controlled 
21substance is fentanyl, any person sentenced to a term of 
22imprisonment with respect to violations of Section 401, 401.1, 
23405, 405.1, 405.2, or 407, when the substance containing the 
24controlled substance contains any amount of fentanyl, 3 years 
25shall be added to the term of imprisonment imposed by the 
26court, and the maximum sentence for the offense shall be 
 
 
HB6572- 140 -LRB099 21635 RLC 48106 b


1increased by 3 years.


2 (c) Any person who knowingly manufactures or possesses with 
3the intent to manufacture violates this Section with regard to 
4the
following amounts of controlled or counterfeit substances

5or controlled substance analogs, notwithstanding any of the 
6provisions of
subsections (a), (b), (d), (e), (f), (g) or (h) 
7to the
contrary, is guilty of a Class 3 1 felony. The fine for 
8violation of this
subsection (c) shall not be more than 
9$250,000:

10  (1) 1 gram or more but less than 15 grams of any

11 substance containing heroin, or an analog thereof;

12  (1.5) 1 gram or more but less than 15 grams of any 
13 substance containing fentanyl, or an analog thereof;

14  (2) 1 gram or more but less than 15
grams of any 
15 substance containing cocaine, or an analog thereof;

16  (3) 1 gram 10 grams or more but less than 15 grams of 
17 any substance
containing morphine, or an analog thereof;

18  (4) 1 gram 50 grams or more but less than 200 grams of 
19 any substance
containing peyote, or an analog thereof;

20  (5) 1 gram 50 grams or more but less than 200 grams of 
21 any substance
containing a derivative of barbituric acid or 
22 any of the salts of a
derivative of barbituric acid, or an 
23 analog thereof;

24  (6) 1 gram 50 grams or more but less than 200 grams of 
25 any substance
containing amphetamine or any salt of an 
26 optical isomer
of amphetamine, or an analog thereof;

 
 
HB6572- 141 -LRB099 21635 RLC 48106 b


1  (6.5) (blank);

2  (7) (i) 1 gram 5 grams or more but less than 15 grams 
3 of any substance
containing lysergic acid diethylamide 
4 (LSD), or an analog thereof,
or (ii)
more than 1 object 10 
5 objects or more than 1 10 segregated part parts of an 
6 object or objects
but less than 15 objects or less than 15 
7 segregated parts of an object
containing in them or having 
8 upon them any amount of any substance
containing lysergic 
9 acid diethylamide (LSD), or an analog thereof;

10  (7.5) (i) 1 gram 5 grams or more but less than 15 grams 
11 of any substance listed
in paragraph (1), (2), (2.1), 
12 (2.2), (3), (14.1), (19), (20), (20.1), (21), (25), or
(26) 
13 of subsection (d) of Section 204, or an analog or 
14 derivative thereof, or
(ii) more than 1 pill, tablet, 
15 caplet, capsule 10 pills, tablets, caplets, capsules, or 
16 object objects but less than
15 pills, tablets, caplets, 
17 capsules, or objects containing in them or having
upon them 
18 any amount of any substance listed in paragraph (1), (2), 
19 (2.1),
(2.2), (3), (14.1), (19), (20), (20.1), (21), (25), 
20 or (26) of subsection (d) of
Section 204, or an analog or 
21 derivative thereof;

22  (8) 1 gram 10 grams or more but less than 30 grams of 
23 any substance
containing pentazocine or any of the salts, 
24 isomers and salts of isomers of
pentazocine, or an analog 
25 thereof;

26  (9) 1 gram 10 grams or more but less than 30 grams of 
 
 
HB6572- 142 -LRB099 21635 RLC 48106 b


1 any substance
containing methaqualone or any of the salts, 
2 isomers and salts of isomers
of methaqualone, or an analog 
3 thereof;

4  (10) 1 gram 10 grams or more but less than 30 grams of 
5 any substance
containing phencyclidine or any of the salts, 
6 isomers and salts of isomers
of phencyclidine (PCP), or an 
7 analog thereof;

8  (10.5) 1 gram 10 grams or more but less than 30 grams 
9 of any substance
containing ketamine or any of the salts, 
10 isomers and salts of
isomers of ketamine, or an analog 
11 thereof;

12  (10.6) 1 gram 50 grams or more but less than 100 grams 
13 of any substance containing hydrocodone, or any of the 
14 salts, isomers and salts of isomers of hydrocodone, or an 
15 analog thereof;
16  (10.7) 1 gram 50 grams or more but less than 100 grams 
17 of any substance containing dihydrocodeinone, or any of the 
18 salts, isomers and salts of isomers of dihydrocodeinone, or 
19 an analog thereof;
20  (10.8) 1 gram 50 grams or more but less than 100 grams 
21 of any substance containing dihydrocodeine, or any of the 
22 salts, isomers and salts of isomers of dihydrocodeine, or 
23 an analog thereof;
24  (10.9) 1 gram 50 grams or more but less than 100 grams 
25 of any substance containing oxycodone, or any of the salts, 
26 isomers and salts of isomers of oxycodone, or an analog 
 
 
HB6572- 143 -LRB099 21635 RLC 48106 b


1 thereof;
2  (11) 1 gram 50 grams or more but less than 200 grams of 
3 any substance
containing a substance classified in 
4 Schedules I or II, or an analog
thereof, which is not 
5 otherwise included in this subsection.

6 (c-1) Any person who knowingly delivers or possesses with 
7intent to deliver the following amounts of controlled or 
8counterfeit substances or controlled substance analogs, 
9notwithstanding any of the provisions of subsections (a), (b), 
10(d), (e), (f), (g), or (h) to the contrary, is guilty of a 
11Class 3 felony.
12  (1) more than 5 grams but less than 15 grams of any 
13 substance containing heroin, or an analog thereof;
14  (1.5) more than 5 grams but less than 15 grams of any 
15 substance containing fentanyl, or an analog thereof;
16  (2) more than 5 grams but less than 15 grams of any 
17 substance containing cocaine, or an analog thereof;
18  (3) more than 5 grams but less than 15 grams of any 
19 substance containing morphine, or an analog thereof;
20  (4) more than 100 grams but less than 200 grams of any 
21 substance containing peyote, or an analog thereof;
22  (5) more than 100 grams but less than 200 grams of any 
23 substance containing a derivative of barbituric acid or any 
24 of the salts of a derivative of barbituric acid, or an 
25 analog thereof;
26  (6) more than 100 grams but less than 200 grams of any 
 
 
HB6572- 144 -LRB099 21635 RLC 48106 b


1 substance containing amphetamine or any salt of an optical 
2 isomer of amphetamine, or an analog thereof;
3  (7) (i) more than 5 grams but less than 15 grams of any 
4 substance containing lysergic acid diethylamide (LSD), or 
5 an analog thereof, or (ii) more than 5 objects or more than 
6 5 segregated parts of an object or objects but less than 15 
7 objects or less than 15 segregated parts of an object 
8 containing in them or having upon them any amount of any 
9 substance containing lysergic acid diethylamide (LSD), or 
10 an analog thereof;
11  (7.5) (i) more than 5 grams but less than 15 grams of 
12 any substance listed in paragraph (1), (2), (2.1), (2.2), 
13 (3), (14.1), (19), (20), (20.1), (21), (25), or (26) of 
14 subsection (d) of Section 204, or an analog or derivative 
15 thereof, or (ii) more than 5 pills, tablets, caplets, 
16 capsules, or objects but less than 15 pills, tablets, 
17 caplets, capsules, or objects containing in them or having 
18 upon them any amount of any substance listed in paragraph 
19 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), (20.1), 
20 (21), (25), or (26) of subsection (d) of Section 204, or an 
21 analog or derivative thereof;
22  (8) more than 5 grams but less than 30 grams of any 
23 substance containing pentazocine or any of the salts, 
24 isomers and salts of isomers of pentazocine, or an analog 
25 thereof;
26  (9) more than 5 grams but less than 30 grams of any 
 
 
HB6572- 145 -LRB099 21635 RLC 48106 b


1 substance containing methaqualone or any of the salts, 
2 isomers and salts of isomers of methaqualone, or an analog 
3 thereof;
4  (10) more than 5 grams but less than 30 grams of any 
5 substance containing phencyclidine or any of the salts, 
6 isomers and salts of isomers of phencyclidine (PCP), or an 
7 analog thereof;
8  (10.5) more than 5 grams but less than 30 grams of any 
9 substance containing ketamine or any of the salts, isomers 
10 and salts of isomers of ketamine, or an analog thereof;
11  (10.6) more than 50 grams but less than 100 grams of 
12 any substance containing hydrocodone, or any of the salts, 
13 isomers and salts of isomers of hydrocodone, or an analog 
14 thereof;
15  (10.7) more than 50 grams but less than 100 grams of 
16 any substance containing dihydrocodeinone, or any of the 
17 salts, isomers and salts of isomers of dihydrocodeinone, or 
18 an analog thereof;
19  (10.8) more than 50 grams but less than 100 grams of 
20 any substance containing dihydrocodeine, or any of the 
21 salts, isomers and salts of isomers of dihydrocodeine, or 
22 an analog thereof;
23  (10.9) more than 50 grams but less than 100 grams of 
24 any substance containing oxycodone, or any of the salts, 
25 isomers and salts of isomers of oxycodone, or an analog 
26 thereof;
 
 
HB6572- 146 -LRB099 21635 RLC 48106 b


1  (11) more than 50 grams but less than 200 grams of any 
2 substance containing a substance classified in Schedules I 
3 or II, or an analog thereof, which is not otherwise 
4 included in this subsection.
5 (c-2) Any person who knowingly delivers or possesses with 
6intent to deliver the following amounts of controlled or 
7counterfeit substances or controlled substance analogs, 
8notwithstanding any of the provisions of subsections (a), (b), 
9(d), (e), (f), (g) or (h) to the contrary, is guilty of a Class 
10A misdemeanor and shall be evaluated for drug addiction and 
11given the opportunity to elect to submit to treatment under 
12Article 40 of the Alcoholism and Other Drug Abuse Dependency 
13Act; but if the person is not determined to be drug dependent 
14after evaluation, he or she is guilty of a Class 4 felony:
15  (1) 5 grams or less of any substance containing heroin, 
16 or an analog thereof;
17  (1.5) 5 grams or less of any substance containing 
18 fentanyl, or an analog thereof;
19  (2) 5 grams or less of any substance containing 
20 cocaine, or an analog thereof;
21  (3) 5 grams or less of any substance containing 
22 morphine, or an analog thereof;
23  (4) 100 grams or less of any substance containing 
24 peyote, or an analog thereof;
25  (5) 100 grams or less of any substance containing a 
26 derivative of barbituric acid or any of the salts of a 
 
 
HB6572- 147 -LRB099 21635 RLC 48106 b


1 derivative of barbituric acid, or an analog thereof;
2  (6) 100 grams or less of any substance containing 
3 amphetamine or any salt of an optical isomer of 
4 amphetamine, or an analog thereof;
5  (7) (i) 5 grams or less of any substance containing 
6 lysergic acid diethylamide (LSD), or an analog thereof, or 
7 (ii) 5 objects or less or 5 or less segregated parts of an 
8 object or objects or of an object containing in them or 
9 having upon them any amount of any substance containing 
10 lysergic acid diethylamide (LSD), or an analog thereof;
11  (7.5) (i) 5 grams or less of any substance listed in 
12 paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), 
13 (20.1), (21), (25), or (26) of subsection (d) of Section 
14 204, or an analog or
derivative thereof, or (ii) 5 or less 
15 pills, tablets, caplets, capsules, or objects or 5 or less 
16 pill, tablets, caplets, capsules, or objects containing in 
17 them or having upon them any amount of any substance listed 
18 in paragraph (1), (2), (2.1), (2.2), (3), (14.1), (19), 
19 (20), (20.1), (21), (25), or (26) of subsection (d) of 
20 Section 204, or an analog or derivative thereof;
21  (8) 30 grams or less of any substance containing 
22 pentazocine or any of the salts, isomers and salts of 
23 isomers of pentazocine, or an analog thereof;
24  (9) 5 grams or less of any substance containing 
25 methaqualone or any of the salts, isomers and salts of 
26 isomers of methaqualone, or an analog thereof;
 
 
HB6572- 148 -LRB099 21635 RLC 48106 b


1  (10) 5 grams or less of any substance containing 
2 phencyclidine or any of the salts, isomers and salts of 
3 isomers of phencyclidine (PCP), or an analog thereof;
4  (10.5) 5 grams or less of any substance containing 
5 ketamine or any of the salts, isomers and salts of isomers 
6 of ketamine, or an analog thereof;
7  (10.6) 50 grams or less of any substance containing 
8 hydrocodone, or any of the salts, isomers and salts of 
9 isomers of hydrocodone, or an analog thereof;
10  (10.7) 50 grams or less of any substance containing 
11 dihydrocodeinone, or any of the salts, isomers and salts of 
12 isomers of dihydrocodeinone, or an analog thereof;
13  (10.8) 50 grams or less of any substance containing 
14 dihydrocodeine, or any of the salts, isomers and salts of 
15 isomers of dihydrocodeine, or an analog thereof;
16  (10.9) 50 grams or less of any substance containing 
17 oxycodone, or any of the salts, isomers and salts of 
18 isomers of oxycodone, or an analog thereof;
19  (11) 50 grams or less of any substance containing a 
20 substance classified in Schedules I or II, or an analog 
21 thereof, which is not otherwise included in this 
22 subsection. 
23 (c-5) (Blank).

24 (d) Any person who violates this Section with regard to any 
25other
amount of a controlled or counterfeit substance 
26containing dihydrocodeinone or dihydrocodeine or classified in

 
 
HB6572- 149 -LRB099 21635 RLC 48106 b


1Schedules I or II, or an analog thereof, which is (i) a 
2narcotic
drug, (ii) lysergic acid diethylamide (LSD) or an 
3analog thereof,
(iii) any
substance containing amphetamine or 
4fentanyl or any salt or optical
isomer of amphetamine or 
5fentanyl, or an analog thereof, or (iv) any
substance 
6containing N-Benzylpiperazine (BZP) or any salt or optical

7isomer of N-Benzylpiperazine (BZP), or an analog thereof, is 
8guilty
of a Class 2 felony. The fine for violation of this 
9subsection (d) shall
not be more than $200,000.

10 (d-5) (Blank).

11 (e) Any person who violates this Section with regard to any 
12other
amount of a controlled substance other than 
13methamphetamine or counterfeit substance classified in

14Schedule I or II, or an analog thereof, which substance is not

15included under subsection (d) of this Section, is
guilty of a 
16Class 3 felony. The fine for violation of this subsection (e)

17shall not be more than $150,000.

18 (f) Any person who violates this Section with regard to any 
19other
amount of a controlled or counterfeit substance 
20classified in
Schedule III is guilty of a Class 3 felony. The 
21fine for violation of
this subsection (f) shall not be more 
22than $125,000.

23 (g) Any person who violates this Section with regard to any 
24other
amount of a controlled or counterfeit substance 
25classified
in Schedule IV is guilty of a Class 4 3 felony. The 
26fine for violation of
this subsection (g) shall not be more 
 
 
HB6572- 150 -LRB099 21635 RLC 48106 b


1than $100,000.

2 (h) Any person who violates this Section with regard to any 
3other
amount of a controlled or counterfeit substance 
4classified in
Schedule V is guilty of a Class 4 3 felony. The 
5fine for violation of this
subsection (h) shall not be more 
6than $75,000.

7 (i) This Section does not apply to the manufacture, 
8possession or
distribution of a substance in conformance with 
9the provisions of an approved
new drug application or an 
10exemption for investigational use within the
meaning of Section 
11505 of the Federal Food, Drug and Cosmetic Act.

12 (j) (Blank).

13 (k) In assessing fines for violations of this Section, the 
14court shall consider the offender's financial circumstances 
15and ability to pay before and after imprisonment before 
16assessing any fine.
17 (l) In determining a sentence for violations of this 
18Section, the court shall, also, consider the overcrowding of 
19prisons in this State due to drug-related offenses. 
20(Source: P.A. 99-371, eff. 1-1-16.)




21 (720 ILCS 570/402) (from Ch. 56 1/2, par. 1402)



22 Sec. 402. Except as otherwise authorized by this Act, it is 
23unlawful for
any person knowingly to possess a controlled or 
24counterfeit substance or controlled substance analog.
A 
25violation of this Act with respect to each of the controlled 
 
 
HB6572- 151 -LRB099 21635 RLC 48106 b


1substances
listed herein constitutes a single and separate 
2violation of this Act. For purposes of this Section, 
3"controlled substance analog" or "analog"
means a substance, 
4other than a controlled substance, that has a chemical 
5structure substantially similar to that of a controlled

6substance in Schedule I or II, or that was specifically 
7designed to produce
an effect substantially similar to that of 
8a controlled substance in Schedule
I or II. Examples of 
9chemical classes in which controlled substance analogs
are 
10found include, but are not limited to, the following: 
11phenethylamines,
N-substituted piperidines, morphinans, 
12ecgonines, quinazolinones, substituted
indoles, and 
13arylcycloalkylamines. For purposes of this Act, a controlled

14substance analog shall be treated in the same manner as the 
15controlled
substance to which it is substantially similar.


16 (a) Any person who violates this Section with respect to 
17the following
controlled or counterfeit substances and amounts 
18listed in this subsection (a), notwithstanding any of the

19provisions of subsections (c) and (d) to the
contrary, is 
20guilty of a Class A misdemeanor for the first and second 
21violation and shall be admitted into a drug court program 
22pursuant to the Drug Court Treatment Act or shall be evaluated 
23for drug addiction or alcoholism and given the opportunity to 
24elect to submit to treatment under Article 40 of the Alcoholism 
25and Other Drug Abuse and Dependency Act. Any third or greater 
26violation of this Section with respect to the below controlled 
 
 
HB6572- 152 -LRB099 21635 RLC 48106 b


1or counterfeit substances and amounts, notwithstanding any of 
2the provisions of subsections (c) and (d) to the contrary, the 
3person is guilty of a Class 4 felony Class 1 felony and shall, 
4if sentenced to a term
of imprisonment, be sentenced as 
5provided in this subsection (a) and fined
as provided in 
6subsection (b):

7  (1) (A) not less than 4 years and not more than 15 
8 years with respect
to 15 grams or more but less than 
9 100 grams of a substance containing heroin;

10   (B) not less than 6 years and not more than 30 
11 years with respect to 100
grams or more but less than 
12 400 grams of a substance containing heroin;

13   (C) not less than 8 years and not more than 40 
14 years with respect to 400
grams or more but less than 
15 900 grams of any substance containing heroin;

16   (D) not less than 10 years and not more than 50 
17 years with respect to
900 grams or more of any 
18 substance containing heroin;

19  (2) (A) not less than 4 years and not more than 15 
20 years with respect
to 15 grams or more but less than 
21 100 grams of any substance containing
cocaine;

22   (B) not less than 6 years and not more than 30 
23 years with respect to 100
grams or more but less than 
24 400 grams of any substance containing cocaine;

25   (C) not less than 8 years and not more than 40 
26 years with respect to 400
grams or more but less than 
 
 
HB6572- 153 -LRB099 21635 RLC 48106 b


1 900 grams of any substance containing cocaine;

2   (D) not less than 10 years and not more than 50 
3 years with respect to
900 grams or more of any 
4 substance containing cocaine;

5  (3) (A) not less than 4 years and not more than 15 
6 years with respect
to 15 grams or more but less than 
7 100 grams of any substance containing
morphine;

8   (B) not less than 6 years and not more than 30 
9 years with respect to 100
grams or more but less than 
10 400 grams of any substance containing morphine;

11   (C) not less than 6 years and not more than 40 
12 years with respect to 400
grams or more but less than 
13 900 grams of any substance containing morphine;

14   (D) not less than 10 years and not more than 50 
15 years with respect to
900 grams or more of any 
16 substance containing morphine;

17  (4) 100 200 grams or less more of any substance 
18 containing peyote;

19  (5) 100 200 grams or less more of any substance 
20 containing a derivative of
barbituric acid or any of the 
21 salts of a derivative of barbituric acid;

22  (6) 100 200 grams or less more of any substance 
23 containing amphetamine or any salt
of an optical isomer of 
24 amphetamine;

25  (6.5) (blank);

26  (7) (A) not less than 4 years and not more than 15 
 
 
HB6572- 154 -LRB099 21635 RLC 48106 b


1 years with respect
to: (i) 15 grams or more but less 
2 than 100 grams of any substance containing
lysergic 
3 acid diethylamide (LSD), or an analog thereof, or (ii) 
4 15 or
less more objects or 15 or less more segregated 
5 parts of an object or objects but
less than 200 objects 
6 or 200 segregated parts of an object or objects

7 containing in them or having upon them any amount of 
8 any substance
containing lysergic acid diethylamide 
9 (LSD), or an analog thereof;

10   (B) not less than 6 years and not more than 30 
11 years with respect
to: (i) 100 grams or more but less 
12 than 400 grams of any substance
containing lysergic 
13 acid diethylamide (LSD), or an analog thereof, or (ii)

14 200 or more objects or 200 or more segregated parts of 
15 an object or objects
but less than 600 objects or less 
16 than 600 segregated parts of an object or
objects 
17 containing in them or having upon them any amount of 
18 any substance
containing lysergic acid diethylamide 
19 (LSD), or an analog thereof;

20   (C) not less than 8 years and not more than 40 
21 years with respect
to: (i) 400 grams or more but less 
22 than 900 grams of any substance
containing lysergic 
23 acid diethylamide (LSD), or an analog thereof, or (ii)

24 600 or more objects or 600 or more segregated parts of 
25 an object or objects
but less than 1500 objects or 1500 
26 segregated parts of an object or objects
containing in 
 
 
HB6572- 155 -LRB099 21635 RLC 48106 b


1 them or having upon them any amount of any substance

2 containing lysergic acid diethylamide (LSD), or an 
3 analog thereof;

4   (D) not less than 10 years and not more than 50 
5 years with respect
to: (i) 900 grams or more of any 
6 substance containing lysergic acid
diethylamide (LSD), 
7 or an analog thereof, or (ii) 1500 or more objects or

8 1500 or more segregated parts of an object or objects 
9 containing in them or
having upon them any amount of a 
10 substance containing lysergic acid
diethylamide (LSD), 
11 or an analog thereof;

12  (7.5) (A) not less than 4 years and not more than 15 
13 years with respect
to: (i) 15
grams or more but
less 
14 than 100 grams of any substance listed in paragraph 
15 (1), (2), (2.1), (2.2), (3),
(14.1), (19),
(20), 
16 (20.1), (21), (25), or (26) of subsection (d) of 
17 Section 204, or an
analog or derivative
thereof, or 
18 (ii) 15 or more pills, tablets, caplets, capsules, or 
19 objects but
less than 200 pills,
tablets, caplets, 
20 capsules, or objects containing in them or having upon 
21 them
any amount of any
substance listed in paragraph 
22 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), 
23 (20.1),
(21), (25), or (26) of
subsection (d) of 
24 Section 204, or an analog or derivative thereof;

25   (B) not less than 6 years and not more than 30 
26 years with respect to: (i)
100
grams or more but
less 
 
 
HB6572- 156 -LRB099 21635 RLC 48106 b


1 than 400 grams of any substance listed in paragraph 
2 (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20),

3 (20.1), (21), (25), or (26) of subsection (d) of 
4 Section 204, or an analog or
derivative thereof, or

5 (ii) 200 or more pills, tablets, caplets, capsules, or 
6 objects but less than
600
pills, tablets,
caplets, 
7 capsules, or objects containing in them or having upon 
8 them any amount
of any
substance
listed in paragraph 
9 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), 
10 (20.1), (21),
(25), or (26) of subsection
(d) of 
11 Section 204, or an analog or derivative thereof;

12   (C) not less than 8 years and not more than 40 
13 years with respect to: (i)
400
grams or more but
less 
14 than 900 grams of any substance listed in paragraph 
15 (1), (2), (2.1), (2.2), (3),
(14.1), (19), (20),

16 (20.1), (21), (25), or (26) of subsection (d) of 
17 Section 204, or an analog or
derivative thereof,
or 
18 (ii) 600 or more pills, tablets, caplets, capsules, or 
19 objects but less than
1,500 pills, tablets,
caplets, 
20 capsules, or objects containing in them or having upon 
21 them any amount
of any
substance listed in paragraph 
22 (1), (2), (2.1), (2.2), (3), (14.1), (19), (20), 
23 (20.1),
(21), (25), or (26) of
subsection (d) of 
24 Section 204, or an analog or derivative thereof;

25   (D) not less than 10 years and not more than 50 
26 years with respect to:
(i)
900 grams or more of
any 
 
 
HB6572- 157 -LRB099 21635 RLC 48106 b


1 substance listed in paragraph (1), (2), (2.1), (2.2), 
2 (3), (14.1), (19), (20),
(20.1), (21), (25), or (26)
of 
3 subsection (d) of Section 204, or an analog or 
4 derivative thereof, or (ii)
1,500 or more pills,

5 tablets, caplets, capsules, or objects containing in 
6 them or having upon them
any amount of a
substance 
7 listed in paragraph (1), (2), (2.1), (2.2), (3), 
8 (14.1), (19), (20), (20.1),
(21), (25), or (26) of

9 subsection (d) of Section 204, or an analog or 
10 derivative thereof;

11  (8) 15 30 grams or less more of any substance 
12 containing pentazocine or any of
the salts, isomers and 
13 salts of isomers of pentazocine, or an analog thereof;

14  (9) 15 30 grams or less more of any substance 
15 containing methaqualone or any
of the salts, isomers and 
16 salts of isomers of methaqualone;

17  (10) 15 30 grams or less more of any substance 
18 containing phencyclidine or any
of the salts, isomers and 
19 salts of isomers of phencyclidine (PCP);

20  (10.5) 15 30 grams or less more of any substance 
21 containing ketamine or any of
the salts, isomers and salts 
22 of isomers of ketamine;

23  (11) 15 200 grams or less more of any substance 
24 containing any substance
classified as a narcotic drug in 
25 Schedules I or II, or an analog thereof, which is not 
26 otherwise
included in this subsection.

 
 
HB6572- 158 -LRB099 21635 RLC 48106 b


1 (b) Any person sentenced with respect to violations of 
2paragraph (1),
(2), (3), (7), or (7.5) of subsection (a) 
3involving 100
grams or more of the
controlled substance named 
4therein, may in addition to the penalties
provided therein, be 
5fined an amount not to exceed $25,000 $200,000 or the full

6street value of the controlled or counterfeit substances, 
7whichever is less
greater. The term "street value" shall have 
8the meaning
ascribed in Section 110-5 of the Code of Criminal 
9Procedure of 1963. Any
person sentenced with respect to any 
10other provision of subsection (a), may
in addition to the 
11penalties provided therein, be fined an amount not to
exceed 
12$200,000.

13 (c) Any person who violates this Section with regard to an 
14amount
of a controlled substance other than methamphetamine or 
15counterfeit substance not set forth in
subsection (a) or (d) is 
16guilty of a Class 4 felony. The fine for a
violation punishable 
17under this subsection (c) shall not be more
than $25,000.

18 (d) Any person who violates this Section with regard to any 
19amount of
anabolic steroid is guilty of a Class C misdemeanor

20for the first offense and a Class B misdemeanor for a 
21subsequent offense
committed within 2 years of a prior 
22conviction.

23 (e) In assessing fines for violations of this Section, the 
24court shall consider the offender's financial circumstances 
25and ability to pay before and after imprisonment before 
26assessing any fine. 
 
 
HB6572- 159 -LRB099 21635 RLC 48106 b


1(Source: P.A. 99-371, eff. 1-1-16.)


2 Section 45. The Drug Paraphernalia Control Act is amended 
3by changing Section 3.5 as follows:




4 (720 ILCS 600/3.5)



5 Sec. 3.5. Possession of drug paraphernalia. 

6 (a) Except for a civil violation under subsection (c) of 
7this Section, a A person who knowingly possesses an item of 
8drug paraphernalia
with
the intent to use it in ingesting, 
9inhaling, or
otherwise introducing cannabis
or
a controlled 
10substance into the human body, or in preparing cannabis or a

11controlled substance
for that use, is guilty of a Class A 
12misdemeanor for which the court
shall impose a maximum minimum 
13fine of $750 in addition to any other penalty prescribed
for a 
14Class A
misdemeanor. This subsection (a) does not apply to a 
15person who is legally
authorized to possess
hypodermic syringes 
16or needles under the Hypodermic Syringes and Needles Act.

17 (b) In determining intent under subsection (a), the trier 
18of fact may take
into consideration the proximity of the 
19cannabis or controlled substances to
drug
paraphernalia or the 
20presence of cannabis or a controlled substance on the drug

21paraphernalia.

22 (c) If a person violates subsection (a) of Section 4 of the 
23Cannabis Control Act, the penalty for possession of any drug 
24paraphernalia seized during the violation for that offense 
 
 
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1shall be a civil violation punishable by a fine of $25. 
2(Source: P.A. 93-392, eff. 7-25-03.)


3 Section 50. The Methamphetamine Control and Community 
4Protection Act is amended by changing Sections 55 and 60 as 
5follows:

6 (720 ILCS 646/55)

7 Sec. 55. Methamphetamine delivery. 
8 (a) Delivery or possession with intent to deliver 
9methamphetamine or a substance containing methamphetamine.

10  (1) It is unlawful knowingly to engage in the delivery 
11 or possession with intent to deliver methamphetamine or a 
12 substance containing methamphetamine.

13  (2) A person who violates paragraph (1) of this 
14 subsection (a) is subject to the following penalties:

15   (A) A person who delivers or possesses with intent 
16 to deliver less than 5 or less grams of methamphetamine 
17 or a substance containing methamphetamine is guilty of 
18 a Class A misdemeanor and shall be evaluated for drug 
19 addiction and given the opportunity to elect to submit 
20 to treatment under Article 40 of the Alcoholism and 
21 Other Drug Abuse and Dependency Act; but if the person 
22 is not determined to be drug dependent after 
23 evaluation, he or she is guilty of a Class 4 felony 2 
24 felony.

 
 
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1   (B) A person who delivers or possesses with intent 
2 to deliver more than 5 or more grams but less than 15 
3 grams of methamphetamine or a substance containing 
4 methamphetamine is guilty of a Class 3 1 felony.

5   (C) A person who delivers or possesses with intent 
6 to deliver 15 or more grams but less than 100 grams of 
7 methamphetamine or a substance containing 
8 methamphetamine is guilty of a Class 2 X felony, 
9 subject to a term of imprisonment of not less than 6 
10 years and not more than 30 years, and subject to a fine 
11 not to exceed $100,000 or the street value of the 
12 methamphetamine, whichever is greater.

13   (D) A person who delivers or possesses with intent 
14 to deliver 100 or more grams but less than 400 grams of 
15 methamphetamine or a substance containing 
16 methamphetamine is guilty of a Class 1 X felony, 
17 subject to a term of imprisonment of not less than 9 
18 years and not more than 15 40 years, and subject to a 
19 fine not to exceed $200,000 or the street value of the 
20 methamphetamine, whichever is greater.

21   (E) A person who delivers or possesses with intent 
22 to deliver 400 or more grams but less than 900 grams of 
23 methamphetamine or a substance containing 
24 methamphetamine is guilty of a Class X felony, subject 
25 to a term of imprisonment of not less than 12 years and 
26 not more than 25 50 years, and subject to a fine not to 
 
 
HB6572- 162 -LRB099 21635 RLC 48106 b


1 exceed $300,000 or the street value of the 
2 methamphetamine, whichever is greater.

3   (F) A person who delivers or possesses with intent 
4 to deliver 900 or more grams of methamphetamine or a 
5 substance containing methamphetamine is guilty of a 
6 Class X felony, subject to a term of imprisonment of 
7 not less than 15 years and not more than 30 60 years, 
8 and subject to a fine not to exceed $400,000 or the 
9 street value of the methamphetamine, whichever is 
10 greater.

11  (3) In assessing fines for violations of this 
12 subsection (a), the court shall consider the offender's 
13 financial circumstances and ability to pay before and after 
14 imprisonment before assessing any fine. 
15 (b) Aggravated delivery or possession with intent to 
16deliver methamphetamine or a substance containing 
17methamphetamine.

18  (1) It is unlawful to engage in the aggravated delivery 
19 or possession with intent to deliver methamphetamine or a 
20 substance containing methamphetamine. A person engages in 
21 the aggravated delivery or possession with intent to 
22 deliver methamphetamine or a substance containing 
23 methamphetamine when the person violates paragraph (1) of 
24 subsection (a) of this Section and:

25   (A) the person is at least 18 years of age and 
26 knowingly delivers or possesses with intent to deliver 
 
 
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1 the methamphetamine or substance containing 
2 methamphetamine to a person under 18 years of age;

3   (B) the person is at least 18 years of age and 
4 knowingly uses, engages, employs, or causes another 
5 person to use, engage, or employ a person under 18 
6 years of age to deliver the methamphetamine or 
7 substance containing methamphetamine;

8   (C) the person knowingly delivers or possesses 
9 with intent to deliver the methamphetamine or 
10 substance containing methamphetamine in any structure 
11 or vehicle protected by one or more firearms, explosive 
12 devices, booby traps, alarm systems, surveillance 
13 systems, guard dogs, or dangerous animals;

14   (D) the person knowingly delivers or possesses 
15 with intent to deliver the methamphetamine or 
16 substance containing methamphetamine in any school, on 
17 any real property comprising any school, or in any 
18 conveyance owned, leased, or contracted by a school to 
19 transport students to or from school or a 
20 school-related activity;

21   (E) the person delivers or causes another person to 
22 deliver the methamphetamine or substance containing 
23 methamphetamine to a woman that the person knows to be 
24 pregnant;
or
25   (F) (blank).
26  (2) A person who violates paragraph (1) of this 
 
 
HB6572- 164 -LRB099 21635 RLC 48106 b


1 subsection (b) is subject to the following penalties:

2   (A) A person who delivers or possesses with intent 
3 to deliver less than 5 grams of methamphetamine or a 
4 substance containing methamphetamine is guilty of a 
5 Class 1 felony.

6   (B) A person who delivers or possesses with intent 
7 to deliver 5 or more grams but less than 15 grams of 
8 methamphetamine or a substance containing 
9 methamphetamine is guilty of a Class X felony, subject 
10 to a term of imprisonment of not less than 6 years and 
11 not more than 30 years, and subject to a fine not to 
12 exceed $100,000 or the street value of the 
13 methamphetamine, whichever is greater.

14   (C) A person who delivers or possesses with intent 
15 to deliver 15 or more grams but less than 100 grams of 
16 methamphetamine or a substance containing 
17 methamphetamine is guilty of a Class X felony, subject 
18 to a term of imprisonment of not less than 8 years and 
19 not more than 40 years, and subject to a fine not to 
20 exceed $200,000 or the street value of the 
21 methamphetamine, whichever is greater.

22   (D) A person who delivers or possesses with intent 
23 to deliver 100 or more grams of methamphetamine or a 
24 substance containing methamphetamine is guilty of a 
25 Class X felony, subject to a term of imprisonment of 
26 not less than 10 years and not more than 50 years, and 
 
 
HB6572- 165 -LRB099 21635 RLC 48106 b


1 subject to a fine not to exceed $300,000 or the street 
2 value of the methamphetamine, whichever is greater.


3(Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)

4 (720 ILCS 646/60)

5 Sec. 60. Methamphetamine possession. 
6 (a) It is unlawful knowingly to possess methamphetamine or 
7a substance containing methamphetamine.

8 (b) A person who violates subsection (a) is subject to the 
9following penalties:

10  (1) A person who possesses less than 15 5 grams or less 
11 of methamphetamine or a substance containing 
12 methamphetamine is guilty of a Class A misdemeanor for the 
13 first and second violation and shall be admitted into a 
14 drug court program pursuant to the Drug Court Treatment Act 
15 or shall be evaluated for drug addiction or alcoholism and 
16 given the opportunity to elect to submit to treatment under 
17 Article 40 of the Alcoholism and Other Drug Abuse and 
18 Dependency Act. Any third or subsequent violation of this 
19 Section with respect to the below controlled or counterfeit 
20 substances and amounts, notwithstanding any of the 
21 provisions of subsections (c) and (d) to the contrary is 
22 guilty of a Class 4 3 felony.

23  (2) (Blank). A person who possesses 5 or more grams but 
24 less than 15 grams of methamphetamine or a substance 
25 containing methamphetamine is guilty of a Class 2 felony.

 
 
HB6572- 166 -LRB099 21635 RLC 48106 b


1  (3) A person who possesses 15 or more grams but less 
2 than 100 grams of methamphetamine or a substance containing 
3 methamphetamine is guilty of a Class 4 1 felony.

4  (4) A person who possesses 100 or more grams but less 
5 than 400 grams of methamphetamine or a substance containing 
6 methamphetamine is guilty of a Class 4 X felony, subject to 
7 a term of imprisonment of not less than 6 years and not 
8 more than 30 years, and subject to a fine not to exceed

9 $100,000.

10  (5) A person who possesses 400 or more grams but less 
11 than 900 grams of methamphetamine or a substance containing 
12 methamphetamine is guilty of a Class 4 X felony, subject to 
13 a term of imprisonment of not less than 8 years and not 
14 more than 40 years, and subject to a fine not to exceed

15 $200,000.

16  (6) A person who possesses 900 or more grams of 
17 methamphetamine or a substance containing methamphetamine 
18 is guilty of a Class 4 X felony, subject to a term of 
19 imprisonment of not less than 10 years and not more than 50 
20 years, and subject to a fine not to exceed $300,000.


21 (c) In assessing fines for violations of this Section, the 
22court shall consider the offender's financial circumstances 
23and ability to pay before and after imprisonment before 
24assessing any fine. 
25(Source: P.A. 94-556, eff. 9-11-05.)

 
 
HB6572- 167 -LRB099 21635 RLC 48106 b


1 Section 55. The Code of Criminal Procedure of 1963 is 
2amended by changing Section 113-3.1 as follows:




3 (725 ILCS 5/113-3.1) (from Ch. 38, par. 113-3.1)



4 Sec. 113-3.1. Payment for Court-Appointed Counsel. 

5 (a) Whenever under
either Section 113-3 of this Code or 
6Rule 607 of the Illinois Supreme Court
the court appoints 
7counsel to represent a defendant, the court may order
the 
8defendant to pay to the Clerk of the Circuit Court a reasonable 
9sum
to reimburse either the county or the State for such 
10representation.
In a hearing to determine the amount of the

11payment, the court shall consider the affidavit prepared by the 
12defendant
under Section 113-3 of this Code and any other 
13information pertaining to
the defendant's financial 
14circumstances which may be submitted by the parties.
Such 
15hearing shall be conducted on the court's own motion or on 
16motion of
the State's Attorney at any time after the 
17appointment of counsel but no
later than 90 days after the 
18entry of a final order disposing of the case
at the trial 
19level.

20 (b) Any sum ordered paid under this Section may not exceed 
21$500 for a
defendant charged with a misdemeanor, $5,000 for a 
22defendant charged with
a felony, or $2,500 for a defendant who 
23is appealing a conviction
of any class offense.

24 (c) The method of any payment required under this Section 
25shall be as
specified by the Court. The court may order that 
 
 
HB6572- 168 -LRB099 21635 RLC 48106 b


1payments be made on a
monthly basis during the term of 
2representation; however, the sum deposited as
money bond shall 
3not be used to satisfy this court order. Any sum deposited
as 
4money
bond with the Clerk of
the Circuit Court under Section 
5110-7 of this Code may be used in the
court's discretion in 
6whole or in part to comply with any payment order
entered in 
7accordance with paragraph
(a) of this Section. The court may 
8give special consideration to the interests
of relatives or 
9other third parties who may have posted a money bond on
the 
10behalf of the defendant to secure his release. At any time 
11prior to
full payment of any payment order the court on its own 
12motion or the motion
of any party may reduce, increase, or 
13suspend the ordered payment, or modify
the method of payment, 
14as the interest of fairness may require. No increase,

15suspension, or reduction may be ordered without a hearing and 
16notice
to all parties.

17 (d) The Supreme Court or the circuit courts may provide by 
18rule for
procedures for the enforcement of orders entered under 
19this Section.
Such rules may provide for the assessment of all 
20costs, including
attorneys' fees which are required for the 
21enforcement of orders entered
under this Section when the court 
22in an enforcement proceeding has first
found that the defendant 
23has willfully refused to pay. The Clerk of the
Circuit Court 
24shall keep records and make reports to the court concerning

25funds paid under this Section in whatever manner the court 
26directs.

 
 
HB6572- 169 -LRB099 21635 RLC 48106 b


1 (e) Whenever an order is entered under this Section for the 
2reimbursement
of the State due to the appointment of the State 
3Appellate Defender as counsel
on appeal, the order shall 
4provide that the Clerk of the Circuit Court shall
retain all 
5funds paid pursuant to such order until the full amount of the

6sum ordered to be paid by the defendant has been paid. When no 
7balance remains
due on such order, the Clerk of the Circuit 
8Court shall inform the court
of this fact and the court shall 
9promptly order the Clerk of the Circuit
Court to pay to the 
10State Treasurer all of the sum paid.

11 (f) The Clerk of the Circuit Court shall retain all funds 
12under this Section
paid for the reimbursement of the county, 
13and shall inform the court when
no balance remains due on an 
14order entered hereunder. The Clerk of the Circuit
Court shall 
15make payments of funds collected under this Section to the 
16County
Treasurer in whatever manner and at whatever point as 
17the court may direct,
including payments made on a monthly 
18basis during the term
of representation.

19 (g) (Blank). A defendant who fails to obey any order of 
20court entered under this
Section may be punished for contempt 
21of court. Any arrearage in payments
may be reduced to judgment 
22in the court's discretion and collected by any
means authorized 
23for the collection of money judgments under the law of
this 
24State.

25(Source: P.A. 88-394.)


 
 
HB6572- 170 -LRB099 21635 RLC 48106 b


1 Section 60. The Unified Code of Corrections is amended by 
2changing Sections 5-4.5-15, 5-4.5-25, 5-4.5-30, 5-4.5-35, 
35-4.5-40, 5-4.5-45, 5-4.5-50, 5-4.5-70, 5-4.5-85, 5-4.5-95, 
45-4.5-105, 5-9-1.1, 5-9-1.10, 5-9-1.17, and 5-9-3 as follows:

5 (730 ILCS 5/5-4.5-15)
6 Sec. 5-4.5-15. DISPOSITIONS.

7 (a) APPROPRIATE DISPOSITIONS. The following are 
8appropriate dispositions, alone or in combination, for all 
9felonies and misdemeanors other than as provided in Section 
105-5-3 (730 ILCS 5/5-5-3) or as specifically provided in the 
11statute defining the offense or elsewhere:
12  (1) A period of probation.
13  (2) A term of periodic imprisonment.
14  (3) A term of conditional discharge.
15  (4) A term of imprisonment.
16  (5) A fine.
17  (6) Restitution to the victim.
18  (7) Participation in an impact incarceration program.
19  (8) A term of imprisonment in combination with a term 
20 of probation when the offender has been admitted into a 
21 drug court program.
22  (9) If the defendant is convicted of arson, aggravated 
23 arson, residential arson, or place of worship arson, an 
24 order directing the offender to reimburse the local 
25 emergency response department for the costs of responding 
 
 
HB6572- 171 -LRB099 21635 RLC 48106 b


1 to the fire that the offender was convicted of setting in 
2 accordance with the Emergency Services Response 
3 Reimbursement for Criminal Convictions Act. 
4 (b) FINE; RESTITUTION; NOT SOLE DISPOSITION. A Neither a 
5fine or nor restitution may shall be the sole disposition for a 
6Class 4 felony, and either or both may be imposed only in 
7conjunction with another disposition.

8 (c) PAROLE; MANDATORY SUPERVISED RELEASE. Except when a 
9term of natural life is imposed, every sentence includes a term 
10in addition to the term of imprisonment. For those sentenced 
11under the law in effect before February 1, 1978, that term is a 
12parole term. For those sentenced on or after February 1, 1978, 
13that term is a mandatory supervised release term.

14(Source: P.A. 95-1052, eff. 7-1-09; incorporates P.A. 96-400, 
15eff. 8-13-09; 96-1000, eff. 7-2-10.)

16 (730 ILCS 5/5-4.5-25)
17 Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X 
18felony:
19 (a) TERM. The sentence of imprisonment shall be a 
20determinate sentence of not less than 6 years and not more than 
2130 years. The sentence of imprisonment for an extended term 
22Class X felony, as provided in Section 5-8-2 (730 ILCS 
235/5-8-2), shall be not less than 30 years and not more than 60 
24years.

25 (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment 
 
 
HB6572- 172 -LRB099 21635 RLC 48106 b


1shall not be imposed.

2 (c) IMPACT INCARCERATION. The impact incarceration program 
3or the county impact incarceration program is not an authorized 
4disposition.

5 (d) PROBATION; CONDITIONAL DISCHARGE. A period of 
6probation or conditional discharge shall not be imposed.

7 (e) FINE. Fines may be imposed as provided in Section 
85-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

9 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) 
10concerning restitution.

11 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall 
12be concurrent or consecutive as provided in Section 5-8-4 (730 
13ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

14 (h) DRUG COURT. See Section 20 of the Drug Court Treatment 
15Act (730 ILCS 166/20) concerning eligibility for a drug court 
16program.

17 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 
18ILCS 5/5-4.5-100) concerning no credit for time spent in home 
19detention prior to judgment.

20 (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) 
21for rules and regulations for sentence credit.

22 (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS 
235/5-8A-3) concerning eligibility for electronic home 
24detention.

25 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as 
26provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 
 
 
HB6572- 173 -LRB099 21635 RLC 48106 b


15/5-8-1), the parole or mandatory supervised release term shall 
2be 3 years upon release from imprisonment.


3(Source: P.A. 97-697, eff. 6-22-12.)

4 (730 ILCS 5/5-4.5-30)
5 Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1 
6felony:
7 (a) TERM. The sentence of imprisonment, other than for 
8second degree murder, shall be a determinate sentence of not 
9less than 4 years and not more than 15 years. The sentence of 
10imprisonment for second degree murder shall be a determinate 
11sentence of not less than 4 years and not more than 20 years. 
12The sentence of imprisonment for an extended term Class 1 
13felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall 
14be a term not less than 15 years and not more than 30 years.

15 (b) PERIODIC IMPRISONMENT. A sentence of periodic 
16imprisonment shall be for a definite term of from 3 to 4 years, 
17except as otherwise provided in Section 5-5-3 or 5-7-1 (730 
18ILCS 5/5-5-3 or 5/5-7-1).

19 (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 
20(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for 
21the impact incarceration program or the county impact 
22incarceration program.

23 (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided 
24in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the 
25period of probation or conditional discharge shall not exceed 4 
 
 
HB6572- 174 -LRB099 21635 RLC 48106 b


1years. The court shall specify the conditions of probation or 
2conditional discharge as set forth in Section 5-6-3 (730 ILCS 
35/5-6-3). In no case shall an offender be eligible for a 
4disposition of probation or conditional discharge for a Class 1 
5felony committed while he or she was serving a term of 
6probation or conditional discharge for a felony.

7 (e) FINE. Fines may be imposed as provided in Section 
85-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

9 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) 
10concerning restitution.

11 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall 
12be concurrent or consecutive as provided in Section 5-8-4 (730 
13ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

14 (h) DRUG COURT. See Section 20 of the Drug Court Treatment 
15Act (730 ILCS 166/20) concerning eligibility for a drug court 
16program.

17 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 
18ILCS 5/5-4.5-100) concerning credit for time spent in home 
19detention prior to judgment.

20 (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 
21ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act 
22(730 ILCS 130/) for rules and regulations for sentence credit.

23 (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS 
245/5-8A-3) concerning eligibility for electronic home 
25detention.

26 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as 
 
 
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1provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 
25/5-8-1), the parole or mandatory supervised release term shall 
3be 2 years upon release from imprisonment.


4(Source: P.A. 97-697, eff. 6-22-12.)

5 (730 ILCS 5/5-4.5-35)
6 Sec. 5-4.5-35. CLASS 2 FELONIES; SENTENCE. For a Class 2 
7felony:
8 (a) TERM. The sentence of imprisonment shall be a 
9determinate sentence of not less than 3 years and not more than 
107 years. The sentence of imprisonment for an extended term 
11Class 2 felony, as provided in Section 5-8-2 (730 ILCS 
125/5-8-2), shall be a term not less than 7 years and not more 
13than 14 years.

14 (b) PERIODIC IMPRISONMENT. A sentence of periodic 
15imprisonment shall be for a definite term of from 18 to 30 
16months, except as otherwise provided in Section 5-5-3 or 5-7-1 
17(730 ILCS 5/5-5-3 or 5/5-7-1).

18 (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 
19(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for 
20the impact incarceration program or the county impact 
21incarceration program.

22 (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided 
23in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the 
24period of probation or conditional discharge shall not exceed 4 
25years. The court shall specify the conditions of probation or 
 
 
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1conditional discharge as set forth in Section 5-6-3 (730 ILCS 
25/5-6-3).

3 (e) FINE. Fines may be imposed as provided in Section 
45-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

5 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) 
6concerning restitution.

7 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall 
8be concurrent or consecutive as provided in Section 5-8-4 (730 
9ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

10 (h) DRUG COURT. See Section 20 of the Drug Court Treatment 
11Act (730 ILCS 166/20) concerning eligibility for a drug court 
12program.

13 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 
14ILCS 5/5-4.5-100) concerning credit for time spent in home 
15detention prior to judgment.

16 (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 
17ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act 
18(730 ILCS 130/) for rules and regulations for sentence credit.

19 (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS 
205/5-8A-3) concerning eligibility for electronic home 
21detention.

22 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as 
23provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 
245/5-8-1), the parole or mandatory supervised release term shall 
25be 2 years upon release from imprisonment.


26(Source: P.A. 97-697, eff. 6-22-12.)

 
 
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1 (730 ILCS 5/5-4.5-40)
2 Sec. 5-4.5-40. CLASS 3 FELONIES; SENTENCE. For a Class 3 
3felony:
4 (a) TERM. The sentence of imprisonment shall be a 
5determinate sentence of not less than 2 years and not more than 
65 years. The sentence of imprisonment for an extended term 
7Class 3 felony, as provided in Section 5-8-2 (730 ILCS 
85/5-8-2), shall be a term not less than 5 years and not more 
9than 10 years.

10 (b) PERIODIC IMPRISONMENT. A sentence of periodic 
11imprisonment shall be for a definite term of up to 18 months, 
12except as otherwise provided in Section 5-5-3 or 5-7-1 (730 
13ILCS 5/5-5-3 or 5/5-7-1).

14 (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 
15(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for 
16the impact incarceration program or the county impact 
17incarceration program.

18 (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided 
19in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the 
20period of probation or conditional discharge shall not exceed 
2130 months. The court shall specify the conditions of probation 
22or conditional discharge as set forth in Section 5-6-3 (730 
23ILCS 5/5-6-3).

24 (e) FINE. Fines may be imposed as provided in Section 
255-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

 
 
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1 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) 
2concerning restitution.

3 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall 
4be concurrent or consecutive as provided in Section 5-8-4 (730 
5ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

6 (h) DRUG COURT. See Section 20 of the Drug Court Treatment 
7Act (730 ILCS 166/20) concerning eligibility for a drug court 
8program.

9 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 
10ILCS 5/5-4.5-100) concerning credit for time spent in home 
11detention prior to judgment.

12 (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 
13ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act 
14(730 ILCS 130/) for rules and regulations for sentence credit.

15 (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS 
165/5-8A-3) concerning eligibility for electronic home 
17detention.

18 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as 
19provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 
205/5-8-1), the parole or mandatory supervised release term shall 
21be one year upon release from imprisonment.


22(Source: P.A. 97-697, eff. 6-22-12.)

23 (730 ILCS 5/5-4.5-45)
24 Sec. 5-4.5-45. CLASS 4 FELONIES; SENTENCE. For a Class 4 
25felony:
 
 
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1 (a) TERM. The sentence of imprisonment shall be a 
2determinate sentence of not less than one year and not more 
3than 3 years. The sentence of imprisonment for an extended term 
4Class 4 felony, as provided in Section 5-8-2 (730 ILCS 
55/5-8-2), shall be a term not less than 3 years and not more 
6than 6 years.

7 (b) PERIODIC IMPRISONMENT. A sentence of periodic 
8imprisonment shall be for a definite term of up to 18 months, 
9except as otherwise provided in Section 5-5-3 or 5-7-1 (730 
10ILCS 5/5-5-3 or 5/5-7-1).

11 (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 
12(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for 
13the impact incarceration program or the county impact 
14incarceration program.

15 (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided 
16in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the 
17period of probation or conditional discharge shall not exceed 
1830 months. The court shall specify the conditions of probation 
19or conditional discharge as set forth in Section 5-6-3 (730 
20ILCS 5/5-6-3).

21 (e) FINE. Fines may be imposed as provided in Section 
225-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

23 (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) 
24concerning restitution.

25 (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall 
26be concurrent or consecutive as provided in Section 5-8-4 (730 
 
 
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1ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

2 (h) DRUG COURT. See Section 20 of the Drug Court Treatment 
3Act (730 ILCS 166/20) concerning eligibility for a drug court 
4program.

5 (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 
6ILCS 5/5-4.5-100) concerning credit for time spent in home 
7detention prior to judgment.

8 (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 
9ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act 
10(730 ILCS 130/) for rules and regulations for sentence credit.

11 (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS 
125/5-8A-3) concerning eligibility for electronic home 
13detention.

14 (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as 
15provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 
165/5-8-1), the parole or mandatory supervised release term shall 
17be one year upon release from imprisonment.


18(Source: P.A. 97-697, eff. 6-22-12.)

19 (730 ILCS 5/5-4.5-50)
20 Sec. 5-4.5-50. SENTENCE PROVISIONS; ALL FELONIES. Except 
21as otherwise provided, for all felonies:
22 (a) NO SUPERVISION. The court, upon a plea of guilty or a 
23stipulation by the defendant of the facts supporting the charge 
24or a finding of guilt, may not defer further proceedings and 
25the imposition of a sentence and may not enter an order for 
 
 
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1supervision of the defendant.
2 (b) FELONY FINES. An offender may be sentenced to pay a 
3fine not to exceed, for each offense, $25,000 or the amount 
4specified in the offense, whichever is greater, or if the 
5offender is a corporation, $50,000 or the amount specified in 
6the offense, whichever is greater. A fine may be imposed in 
7addition to a sentence of conditional discharge, probation, 
8periodic imprisonment, or imprisonment. See Article 9 of 
9Chapter V (730 ILCS 5/Ch. V, Art. 9) for imposition of 
10additional amounts and determination of amounts and payment. 
11The court shall consider the offender's financial 
12circumstances and ability to pay before and after imprisonment 
13before assessing any fine. 
14 (c) REASONS FOR SENTENCE STATED. The sentencing judge in 
15each felony conviction shall set forth his or her reasons for 
16imposing the particular sentence entered in the case, as 
17provided in Section 5-4-1 (730 ILCS 5/5-4-1). Those reasons may 
18include any mitigating or aggravating factors specified in this 
19Code, or the lack of any such factors, as well as any other 
20mitigating or aggravating factors that the judge sets forth on 
21the record that are consistent with the purposes and principles 
22of sentencing set out in this Code.
23 (d) MOTION TO REDUCE SENTENCE. A motion to reduce a 
24sentence may be made, or the court may reduce a sentence 
25without motion, within 30 days after the sentence is imposed. A 
26defendant's challenge to the correctness of a sentence or to 
 
 
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1any aspect of the sentencing hearing shall be made by a written 
2motion filed with the circuit court clerk within 30 days 
3following the imposition of sentence. A motion not filed within 
4that 30-day period is not timely. The court may not increase a 
5sentence once it is imposed. A notice of motion must be filed 
6with the motion. The notice of motion shall set the motion on 
7the court's calendar on a date certain within a reasonable time 
8after the date of filing.
9 If a motion filed pursuant to this subsection is timely 
10filed, the proponent of the motion shall exercise due diligence 
11in seeking a determination on the motion and the court shall 
12thereafter decide the motion within a reasonable time.
13 If a motion filed pursuant to this subsection is timely 
14filed, then for purposes of perfecting an appeal, a final 
15judgment is not considered to have been entered until the 
16motion to reduce the sentence has been decided by order entered 
17by the trial court.
18 (e) CONCURRENT SENTENCE; PREVIOUS UNEXPIRED FEDERAL OR 
19OTHER-STATE SENTENCE. A defendant who has a previous and 
20unexpired sentence of imprisonment imposed by another state or 
21by any district court of the United States and who, after 
22sentence for a crime in Illinois, must return to serve the 
23unexpired prior sentence may have his or her sentence by the 
24Illinois court ordered to be concurrent with the prior 
25other-state or federal sentence. The court may order that any 
26time served on the unexpired portion of the other-state or 
 
 
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1federal sentence, prior to his or her return to Illinois, shall 
2be credited on his or her Illinois sentence. The appropriate 
3official of the other state or the United States shall be 
4furnished with a copy of the order imposing sentence, which 
5shall provide that, when the offender is released from 
6other-state or federal confinement, whether by parole or by 
7termination of sentence, the offender shall be transferred by 
8the Sheriff of the committing Illinois county to the Illinois 
9Department of Corrections. The court shall cause the Department 
10of Corrections to be notified of the sentence at the time of 
11commitment and to be provided with copies of all records 
12regarding the sentence.
13 (f) REDUCTION; PREVIOUS UNEXPIRED ILLINOIS SENTENCE. A 
14defendant who has a previous and unexpired sentence of 
15imprisonment imposed by an Illinois circuit court for a crime 
16in this State and who is subsequently sentenced to a term of 
17imprisonment by another state or by any district court of the 
18United States and who has served a term of imprisonment imposed 
19by the other state or district court of the United States, and 
20must return to serve the unexpired prior sentence imposed by 
21the Illinois circuit court, may apply to the Illinois circuit 
22court that imposed sentence to have his or her sentence 
23reduced.
24 The circuit court may order that any time served on the 
25sentence imposed by the other state or district court of the 
26United States be credited on his or her Illinois sentence. The 
 
 
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1application for reduction of a sentence under this subsection 
2shall be made within 30 days after the defendant has completed 
3the sentence imposed by the other state or district court of 
4the United States.

5 (g) NO REQUIRED BIRTH CONTROL. A court may not impose a 
6sentence or disposition that requires the defendant to be 
7implanted or injected with or to use any form of birth control.


8(Source: P.A. 95-1052, eff. 7-1-09.)

9 (730 ILCS 5/5-4.5-70)
10 Sec. 5-4.5-70. SENTENCE PROVISIONS; ALL MISDEMEANORS. 
11Except as otherwise provided, for all misdemeanors:
12 (a) SUPERVISION; ORDER. The court, upon a plea of guilty or 
13a stipulation by the defendant of the facts supporting the 
14charge or a finding of guilt, may defer further proceedings and 
15the imposition of a sentence and may enter an order for 
16supervision of the defendant. If the defendant is not barred 
17from receiving an order for supervision under Section 5-6-1 
18(730 ILCS 5/5-6-1) or otherwise, the court may enter an order 
19for supervision after considering the circumstances of the 
20offense, and the history, character, and condition of the 
21offender, if the court is of the opinion that:
22  (1) the defendant is not likely to commit further 
23 crimes;
24  (2) the defendant and the public would be best served 
25 if the defendant were not to receive a criminal record; and
 
 
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1  (3) in the best interests of justice, an order of 
2 supervision is more appropriate than a sentence otherwise 
3 permitted under this Code.
4 (b) SUPERVISION; PERIOD. When a defendant is placed on 
5supervision, the court shall enter an order for supervision 
6specifying the period of supervision, and shall defer further 
7proceedings in the case until the conclusion of the period. The 
8period of supervision shall be reasonable under all of the 
9circumstances of the case, and except as otherwise provided, 
10may not be longer than 2 years, unless the defendant has 
11knowingly or intentionally failed to pay the assessment 
12required by Section 10.3 of the Cannabis Control Act (720 ILCS 
13550/10.3), Section 411.2 of the Illinois Controlled Substances 
14Act (720 ILCS 570/411.2), or Section 80 of the Methamphetamine 
15Control and Community Protection Act (720 ILCS 646/80), in 
16which case the court may extend supervision beyond 2 years. The 
17court shall specify the conditions of supervision as set forth 
18in Section 5-6-3.1 (730 ILCS 5/5-6-3.1).
19 (c) NO REQUIRED BIRTH CONTROL. A court may not impose a 
20sentence or disposition that requires the defendant to be 
21implanted or injected with or to use any form of birth control.


22(Source: P.A. 95-1052, eff. 7-1-09.)

23 (730 ILCS 5/5-4.5-85)

24 Sec. 5-4.5-85. UNCLASSIFIED OFFENSES; SENTENCE.
25 (a) FELONY. The particular classification of each felony is 
 
 
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1specified in the law defining the felony. Any unclassified 
2offense that is declared by law to be a felony or that provides 
3a sentence to a term of imprisonment for one year or more is a 
4Class 4 felony.
5 (b) MISDEMEANOR. The particular classification of each 
6misdemeanor is specified in the law or ordinance defining the 
7misdemeanor.
8  (1) Any offense not so classified that provides a 
9 sentence to a term of imprisonment of less than one year 
10 but in excess of 6 months is a Class A misdemeanor.
11  (2) Any offense not so classified that provides a 
12 sentence to a term of imprisonment of 6 months or less but 
13 in excess of 30 days is a Class B misdemeanor.
14  (3) Any offense not so classified that provides a 
15 sentence to a term of imprisonment of 30 days or less is a 
16 Class C misdemeanor.
17 (c) PETTY OR BUSINESS OFFENSE. Any unclassified offense 
18that does not provide for a sentence of imprisonment is a petty 
19offense or a business offense.

20(Source: P.A. 95-1052, eff. 7-1-09.)

21 (730 ILCS 5/5-4.5-95)
22 Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
23 (a) HABITUAL CRIMINALS.
24  (1) Every person who has been twice convicted in any 
25 state or federal court of an offense that contains the same 
 
 
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1 elements as an offense now (the date of the offense 
2 committed after the 2 prior convictions) classified in 
3 Illinois as a Class X felony, criminal sexual assault, 
4 aggravated kidnapping, or first degree murder, and who is 
5 thereafter convicted of a Class X felony, criminal sexual 
6 assault, or first degree murder, committed after the 2 
7 prior convictions, shall be adjudged an habitual criminal.
8  (2) The 2 prior convictions need not have been for the 
9 same offense.
10  (3) Any convictions that result from or are connected 
11 with the same transaction, or result from offenses 
12 committed at the same time, shall be counted for the 
13 purposes of this Section as one conviction.
14  (4) This Section does not apply unless each of the 
15 following requirements are satisfied:
16   (A) The third offense was committed after July 3, 
17 1980.
18   (B) The third offense was committed within 20 years 
19 of the date that judgment was entered on the first 
20 conviction; provided, however, that time spent in 
21 custody shall not be counted.
22   (C) The third offense was committed after 
23 conviction on the second offense.
24   (D) The second offense was committed after 
25 conviction on the first offense.
26  (5) Anyone who, having attained the age of 18 at the 
 
 
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1 time of the third offense, is adjudged an habitual criminal 
2 shall be sentenced to a term of natural life imprisonment.
3  (6) A prior conviction shall not be alleged in the 
4 indictment, and no evidence or other disclosure of that 
5 conviction shall be presented to the court or the jury 
6 during the trial of an offense set forth in this Section 
7 unless otherwise permitted by the issues properly raised in 
8 that trial. After a plea or verdict or finding of guilty 
9 and before sentence is imposed, the prosecutor may file 
10 with the court a verified written statement signed by the 
11 State's Attorney concerning any former conviction of an 
12 offense set forth in this Section rendered against the 
13 defendant. The court shall then cause the defendant to be 
14 brought before it; shall inform the defendant of the 
15 allegations of the statement so filed, and of his or her 
16 right to a hearing before the court on the issue of that 
17 former conviction and of his or her right to counsel at 
18 that hearing; and unless the defendant admits such 
19 conviction, shall hear and determine the issue, and shall 
20 make a written finding thereon. If a sentence has 
21 previously been imposed, the court may vacate that sentence 
22 and impose a new sentence in accordance with this Section.
23  (7) A duly authenticated copy of the record of any 
24 alleged former conviction of an offense set forth in this 
25 Section shall be prima facie evidence of that former 
26 conviction; and a duly authenticated copy of the record of 
 
 
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1 the defendant's final release or discharge from probation 
2 granted, or from sentence and parole supervision (if any) 
3 imposed pursuant to that former conviction, shall be prima 
4 facie evidence of that release or discharge.
5  (8) Any claim that a previous conviction offered by the 
6 prosecution is not a former conviction of an offense set 
7 forth in this Section because of the existence of any 
8 exceptions described in this Section, is waived unless duly 
9 raised at the hearing on that conviction, or unless the 
10 prosecution's proof shows the existence of the exceptions 
11 described in this Section.
12  (9) If the person so convicted shows to the 
13 satisfaction of the court before whom that conviction was 
14 had that he or she was released from imprisonment, upon 
15 either of the sentences upon a pardon granted for the 
16 reason that he or she was innocent, that conviction and 
17 sentence shall not be considered under this Section.

18 (b) (Blank). When a defendant, over the age of 21 years, is 
19convicted of a Class 1 or Class 2 felony, after having twice 
20been convicted in any state or federal court of an offense that 
21contains the same elements as an offense now (the date the 
22Class 1 or Class 2 felony was committed) classified in Illinois 
23as a Class 2 or greater Class felony and those charges are 
24separately brought and tried and arise out of different series 
25of acts, that defendant shall be sentenced as a Class X 
26offender. This subsection does not apply unless:
 
 
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1  (1) the first felony was committed after February 1, 
2 1978 (the effective date of Public Act 80-1099);
3  (2) the second felony was committed after conviction on 
4 the first; and
5  (3) the third felony was committed after conviction on 
6 the second.
7 A person sentenced as a Class X offender under this 
8subsection (b) is not eligible to apply for treatment as a 
9condition of probation as provided by Section 40-10 of the 
10Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS 
11301/40-10).

12(Source: P.A. 99-69, eff. 1-1-16.)

13 (730 ILCS 5/5-4.5-105)
14 Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF 
1518 AT THE TIME OF THE COMMISSION OF AN OFFENSE.
16 (a) On or after the effective date of this amendatory Act 
17of the 99th General Assembly, when a person commits an offense 
18and the person is under 18 years of age at the time of the 
19commission of the offense, the court, at the sentencing hearing 
20conducted under Section 5-4-1, shall consider the following 
21additional factors in mitigation in determining the 
22appropriate sentence:
23  (1) the person's age, impetuosity, and level of 
24 maturity at the time of the offense, including the ability 
25 to consider risks and consequences of behavior, and the 
 
 
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1 presence of cognitive or developmental disability, or 
2 both, if any;
3  (2) whether the person was subjected to outside 
4 pressure, including peer pressure, familial pressure, or 
5 negative influences;
6  (3) the person's family, home environment, educational 
7 and social background, including any history of parental 
8 neglect, physical abuse, or other childhood trauma;
9  (4) the person's potential for rehabilitation or 
10 evidence of rehabilitation, or both;
11  (5) the circumstances of the offense;
12  (6) the person's degree of participation and specific 
13 role in the offense, including the level of planning by the 
14 defendant before the offense;
15  (7) whether the person was able to meaningfully 
16 participate in his or her defense;
17  (8) the person's prior juvenile or criminal history; 
18 and
19  (9) any other information the court finds relevant and 
20 reliable, including an expression of remorse, if 
21 appropriate. However, if the person, on advice of counsel 
22 chooses not to make a statement, the court shall not 
23 consider a lack of an expression of remorse as an 
24 aggravating factor.
25 (b) Except as provided in subsection (c), the court may 
26sentence the defendant to any disposition authorized for the 
 
 
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1class of the offense of which he or she was found guilty as 
2described in Article 4.5 of this Code, and may, in its 
3discretion, decline to impose any otherwise applicable 
4sentencing enhancement based upon firearm possession, 
5possession with personal discharge, or possession with 
6personal discharge that proximately causes great bodily harm, 
7permanent disability, permanent disfigurement, or death to 
8another person.
9 (c) Notwithstanding any other provision of law, if the 
10defendant is convicted of first degree murder and would 
11otherwise be subject to sentencing under clause (iii), (iv), 
12(v), or (vii) of subsection (c) of Section 5-8-1 of this Code 
13based on the category of persons identified therein, the court 
14shall impose a sentence of not less than 20 40 years of 
15imprisonment. In addition, the court may, in its discretion, 
16decline to impose the sentencing enhancements based upon the 
17possession or use of a firearm during the commission of the 
18offense included in subsection (d) of Section 5-8-1. 

19(Source: P.A. 99-69, eff. 1-1-16; 99-258, eff. 1-1-16.)

20 (730 ILCS 5/5-9-1.1) (from Ch. 38, par. 1005-9-1.1)
21 (Text of Section from P.A. 94-550, 96-132, 96-402, 96-1234, 
2297-545, 98-537, and 99-480)
23 Sec. 5-9-1.1. Drug related offenses. 
24 (a) When a person has been adjudged guilty of a drug 
25related
offense involving possession or delivery of cannabis or 
 
 
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1possession or delivery
of a controlled substance, other than 
2methamphetamine, as defined in the Cannabis Control Act, as 
3amended,
or the Illinois Controlled Substances Act, as amended, 
4in addition to any
other penalty imposed, a fine shall be 
5levied by the court at not less than
the full street value of 
6the cannabis or controlled substances seized for felony 
7offenses.
8 "Street value" shall be determined by the court on the 
9basis of testimony
of law enforcement personnel and the 
10defendant as to the amount seized and
such testimony as may be 
11required by the court as to the current street
value of the 
12cannabis or controlled substance seized.
13 (b) In addition to any penalty imposed under subsection (a) 
14of this
Section, a fine of
$100 shall be levied by the court on 
15felony offenders, the proceeds of which
shall be collected by 
16the Circuit Clerk and remitted to the State Treasurer
under 
17Section 27.6 of the Clerks of Courts Act
for deposit into the 
18Trauma
Center Fund for distribution as provided under Section 
193.225 of the Emergency
Medical Services (EMS) Systems Act.
20 (c) In addition to any penalty imposed under subsection (a) 
21of this
Section, a fee of $5 shall be assessed by the court on 
22felony offenders, the proceeds of which
shall be collected by 
23the Circuit Clerk and remitted to the State Treasurer
under 
24Section 27.6 of the Clerks of Courts Act for deposit into the 
25Spinal Cord
Injury Paralysis Cure Research Trust Fund.
This 
26additional fee of $5 shall not be considered a part of the fine 
 
 
HB6572- 194 -LRB099 21635 RLC 48106 b


1for
purposes of any reduction in the fine for time served 
2either before or after
sentencing.
3 (d) In addition to any penalty imposed under subsection (a) 
4of this
Section for a drug related
offense involving felony 
5possession or delivery
of cannabis or possession or delivery of 
6a controlled substance as defined in the Cannabis Control Act, 
7the Illinois Controlled Substances Act, or the Methamphetamine 
8Control and Community Protection Act, a fee of $50 shall be 
9assessed by the court, the proceeds of which
shall be collected 
10by the Circuit Clerk and remitted to the State Treasurer
under 
11Section 27.6 of the Clerks of Courts Act for deposit into the 
12Performance-enhancing Substance Testing Fund.
This additional 
13fee of $50 shall not be considered a part of the fine for

14purposes of any reduction in the fine for time served either 
15before or after
sentencing. The provisions of this subsection 
16(d), other than this sentence, are inoperative after June 30, 
172011. 
18 (e) In addition to any penalty imposed under subsection (a) 
19of this
Section, a $25 assessment shall be assessed by the 
20court on felony offenders, the proceeds of which
shall be 
21collected by the Circuit Clerk and remitted to the State 
22Treasurer for deposit into the Criminal Justice Information 
23Projects Fund. The moneys deposited into the Criminal Justice 
24Information Projects Fund under this Section shall be 
25appropriated to and administered by the Illinois Criminal 
26Justice Information Authority for funding of drug task forces 
 
 
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1and Metropolitan Enforcement Groups. 
2 (f) In addition to any penalty imposed under subsection (a) 
3of this
Section, a $40 assessment shall be assessed by the 
4court on felony offenders, the proceeds of which
shall be 
5collected by the Circuit Clerk. Of the collected proceeds, (i) 
690% shall be remitted to the State Treasurer for deposit into 
7the Prescription Pill and Drug Disposal Fund; (ii) 5% shall be 
8remitted for deposit into the Criminal Justice Information 
9Projects Fund, for use by the Illinois Criminal Justice 
10Information Authority for the costs associated with making 
11grants from the Prescription Pill and Drug Disposal Fund; and 
12(iii) the Circuit Clerk shall retain 5% for deposit into the 
13Circuit Court Clerk Operation and Administrative Fund for the 
14costs associated with administering this subsection. 
15(Source: P.A. 98-537, eff. 8-23-13; 99-480, eff. 9-9-15.)

16 (Text of Section from P.A. 94-556, 96-132, 96-402, 96-1234, 
1797-545, 98-537, and 99-480)
18 Sec. 5-9-1.1. Drug related offenses. 
19 (a) When a person has been adjudged guilty of a drug 
20related
offense involving possession or delivery of cannabis or 
21possession or delivery
of a controlled substance as defined in 
22the Cannabis Control Act, the Illinois Controlled Substances 
23Act, or the Methamphetamine Control and Community Protection 
24Act, in addition to any
other penalty imposed, a fine shall be 
25levied by the court at not less than
the full street value of 
 
 
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1the cannabis or controlled substances seized for felony 
2offenses.
3 "Street value" shall be determined by the court on the 
4basis of testimony
of law enforcement personnel and the 
5defendant as to the amount seized and
such testimony as may be 
6required by the court as to the current street
value of the 
7cannabis or controlled substance seized.
8 (b) In addition to any penalty imposed under subsection (a) 
9of this
Section, a fine of $100 shall be levied by the court on 
10felony offenders, the proceeds of which
shall be collected by 
11the Circuit Clerk and remitted to the State Treasurer
under 
12Section 27.6 of the Clerks of Courts Act for deposit into the 
13Trauma
Center Fund for distribution as provided under Section 
143.225 of the Emergency
Medical Services (EMS) Systems Act.
15 (c) In addition to any penalty imposed under subsection (a) 
16of this
Section, a fee of $5 shall be assessed by the court on 
17felony offenders, the proceeds of which
shall be collected by 
18the Circuit Clerk and remitted to the State Treasurer
under 
19Section 27.6 of the Clerks of Courts Act for deposit into the 
20Spinal Cord
Injury Paralysis Cure Research Trust Fund.
This 
21additional fee of $5 shall not be considered a part of the fine 
22for
purposes of any reduction in the fine for time served 
23either before or after
sentencing.
24 (d) In addition to any penalty imposed under subsection (a) 
25of this
Section for a drug related
offense involving felony 
26possession or delivery
of cannabis or possession or delivery of 
 
 
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1a controlled substance as defined in the Cannabis Control Act, 
2the Illinois Controlled Substances Act, or the Methamphetamine 
3Control and Community Protection Act, a fee of $50 shall be 
4assessed by the court, the proceeds of which
shall be collected 
5by the Circuit Clerk and remitted to the State Treasurer
under 
6Section 27.6 of the Clerks of Courts Act for deposit into the 
7Performance-enhancing Substance Testing Fund.
This additional 
8fee of $50 shall not be considered a part of the fine for

9purposes of any reduction in the fine for time served either 
10before or after
sentencing. The provisions of this subsection 
11(d), other than this sentence, are inoperative after June 30, 
122011. 
13 (e) In addition to any penalty imposed under subsection (a) 
14of this
Section, a $25 assessment shall be assessed by the 
15court on felony offenders, the proceeds of which
shall be 
16collected by the Circuit Clerk and remitted to the State 
17Treasurer for deposit into the Criminal Justice Information 
18Projects Fund. The moneys deposited into the Criminal Justice 
19Information Projects Fund under this Section shall be 
20appropriated to and administered by the Illinois Criminal 
21Justice Information Authority for funding of drug task forces 
22and Metropolitan Enforcement Groups. 
23 (f) In addition to any penalty imposed under subsection (a) 
24of this
Section, a $40 assessment shall be assessed by the 
25court on felony offenders, the proceeds of which
shall be 
26collected by the Circuit Clerk. Of the collected proceeds, (i) 
 
 
HB6572- 198 -LRB099 21635 RLC 48106 b


190% shall be remitted to the State Treasurer for deposit into 
2the Prescription Pill and Drug Disposal Fund; (ii) 5% shall be 
3remitted for deposit into the Criminal Justice Information 
4Projects Fund, for use by the Illinois Criminal Justice 
5Information Authority for the costs associated with making 
6grants from the Prescription Pill and Drug Disposal Fund; and 
7(iii) the Circuit Clerk shall retain 5% for deposit into the 
8Circuit Court Clerk Operation and Administrative Fund for the 
9costs associated with administering this subsection. 
10(Source: P.A. 98-537, eff. 8-23-13; 99-480, eff. 9-9-15.)




11 (730 ILCS 5/5-9-1.10)



12 Sec. 5-9-1.10. Additional fines. There shall be added to 
13every penalty
imposed in sentencing for a violation of Sections 
1424-1.1, 24-1.2, or
24-1.5 of the Criminal Code of 1961 or the 
15Criminal Code of 2012 an additional fine of $100 payable to the

16clerk, which shall be imposed upon the entry of a judgment of 
17conviction, only after the court considers the financial 
18resources of the offender and the offender's future ability to 
19pay the fine.
This additional fee, less 2 1/2% that shall be

20used to defray administrative costs incurred by the clerk, 
21shall be remitted by
the clerk to the Treasurer within 60 days 
22after receipt for deposit into the
Trauma Center Fund. This 
23additional fee of $100 shall not be
considered a part of the

24fine for purposes of any reduction in the fine for time served 
25either before or
after sentencing.
Not later than March 1 of 
 
 
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1each year the circuit clerk
shall submit a report of the amount 
2of funds remitted to the State
Treasurer under this Section 
3during the preceding calendar year.
All moneys
collected by the 
4circuit clerk and remitted to the State Treasurer under
Section 
527.6 of the Clerks of Courts Act shall be deposited into
the 
6Trauma
Center Fund for distribution as provided under Section 
73.225 of the Emergency
Medical Services (EMS) Systems Act.

8(Source: P.A. 97-1150, eff. 1-25-13.)


9 (730 ILCS 5/5-9-1.17)
10 Sec. 5-9-1.17. Additional fine to fund expungement of 
11juvenile records.
12 (a) There shall be added to every penalty imposed in 
13sentencing for a criminal offense an additional fine of $30 to 
14be imposed upon a plea of guilty or finding of guilty resulting 
15in a judgment of conviction, only after the court considers the 
16financial resources of the offender and the offender's future 
17ability to pay the fine.
18 (b) Ten dollars of each such additional fine shall be 
19remitted to the State Treasurer for deposit into the State 
20Police Services Fund to be used to implement the expungement of 
21juvenile records as provided in Section 5-622 of the Juvenile 
22Court Act of 1987, $10 shall be paid to the State's Attorney's 
23Office that prosecuted the criminal offense, and $10 shall be 
24retained by the Circuit Clerk for administrative costs 
25associated with the expungement of juvenile records and shall 
 
 
HB6572- 200 -LRB099 21635 RLC 48106 b


1be deposited into the Circuit Court Clerk Operation and 
2Administrative Fund. 

3(Source: P.A. 96-707, eff. 1-1-10; 96-1000, eff. 7-2-10.)




4 (730 ILCS 5/5-9-3) (from Ch. 38, par. 1005-9-3)

5 Sec. 5-9-3. Default. 

6 (a) An offender who defaults in the payment of a fine or

7any
installment of that fine may be held in contempt and 
8imprisoned for nonpayment only upon the showing that the 
9offender's default was due to his or her intentional refusal to 
10pay or failure on his or her part to make a good faith effort to 
11pay. The
court may issue a summons for his appearance or a 
12warrant of arrest.

13 (b) Unless the offender shows that his default was not due 
14to his
intentional refusal to pay, or not due to a failure on 
15his part to make a
good faith effort to pay, the court may 
16order the offender imprisoned for a
term not to exceed 2 6 
17months if the fine was for a felony, or 15 30 days if the
fine 
18was for a misdemeanor, a petty offense or a business offense. 
19Payment
of the fine at any time will entitle the offender to be 
20released, but
imprisonment under this Section shall not satisfy 
21the payment of the fine.

22 (c) If it appears that the default in the payment of a fine 
23is not
intentional under paragraph (b) of this Section, the 
24court may enter an
order allowing the offender additional time 
25for payment, reducing the
amount of the fine or of each 
 
 
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1installment, or revoking the fine or the
unpaid portion. The 
2court shall consider the offender's financial circumstances 
3and future ability to pay a fine by assessing the offender's 
4assets, employability, and related income when requiring 
5payment under this subsection (c). No fee shall be so great 
6that the offender is not able to care for the basic needs of 
7her or his family or results in the offender applying for 
8public aid. 

9 (d) When a fine is imposed on a corporation or 
10unincorporated
organization or association, it is the duty of 
11the person or persons
authorized to make disbursement of 
12assets, and their superiors, to pay the
fine from assets of the 
13corporation or unincorporated organization or
association. The 
14failure of such persons to do so shall render them subject
to 
15proceedings under paragraphs (a) and (b) of this Section.

16 (e) A default in the payment of a fine, fee, cost, order of 
17restitution, judgment of bond forfeiture, judgment order of 
18forfeiture, or any installment thereof
may be
collected by any 
19and all means authorized for the collection of money judgments 
20provided the offender has the assets or income to pay as 
21determined by the court. Upon receipt of the results of the 
22court's consideration of the offenders financial 
23circumstances, the . The State's Attorney of the county in which 
24the fine, fee, cost, order of restitution, judgment of bond 
25forfeiture, or judgment order of forfeiture was imposed may 
26retain
attorneys and private collection agents for the purpose 
 
 
HB6572- 202 -LRB099 21635 RLC 48106 b


1of collecting any
default in payment of any fine, fee, cost, 
2order of restitution, judgment of bond forfeiture, judgment 
3order of forfeiture, or installment thereof. An additional fee 
4of 30% of the delinquent amount and each taxable court cost 
5including, without limitation, costs of service of process, 
6shall be charged to the offender for any amount of the fine, 
7fee, cost, restitution, or judgment of bond forfeiture or 
8installment of the fine, fee, cost, restitution, or judgment of 
9bond forfeiture that remains unpaid after the time fixed for 
10payment of the fine, fee, cost, restitution, or judgment of 
11bond forfeiture by the court. The additional fee shall be 
12payable to the State's Attorney in order to compensate the 
13State's Attorney for costs incurred in collecting the 
14delinquent amount. The State's Attorney may enter into 
15agreements assigning any portion of the fee to the retained 
16attorneys or the private collection agent retained by the 
17State's Attorney. Any agreement between the State's Attorney 
18and the retained attorneys or collection agents shall require 
19the approval of the Circuit Clerk of that county. A default in 
20payment of a fine, fee, cost, restitution, or judgment of bond 
21forfeiture shall draw interest at the rate of 9% per annum. The 
22private collection agent retained by the State's Attorney shall 
23not be given any of the additional fees or interest due under 
24this subsection (e). 

25(Source: P.A. 98-373, eff. 1-1-14.)



 
 
HB6572- 203 -LRB099 21635 RLC 48106 b


1 Section 98. Applicability. This amendatory Act of the 99th 
2General Assembly applies to offenses committed before its 
3effective date of this amendatory Act, and to offenses 
4committed on or after its effective date.
5 A person currently serving a sentence for a conviction, 
6whether by trial or plea, of a felony or felonies who would 
7have been guilty of a misdemeanor or lesser felony 
8classification under this amendatory Act had the amendatory Act 
9been in effect at the time of the offense may petition the 
10trial court that entered the judgment of conviction in his or 
11her case to request resentencing in accordance with the 
12Sections that have been amended by this amendatory Act. A 
13person who is resentenced shall be given credit for time 
14served. Under no circumstances may resentencing result in the 
15imposition of a term longer than the original sentence.

                                  
 
 
HB6572- 204 -LRB099 21635 RLC 48106 b


1
INDEX

2
Statutes amended in order of appearance

3 20 ILCS 301/40-5
4 20 ILCS 2630/5.2
5 70 ILCS 3605/28bfrom Ch. 111 2/3, par. 328b
6 105 ILCS 5/21B-80
7 625 ILCS 5/6-106.1from Ch. 95 1/2, par. 6-106.1
8 625 ILCS 5/6-508from Ch. 95 1/2, par. 6-508
9 720 ILCS 5/12-5.3was 720 ILCS 5/12-2.6
10 720 ILCS 5/16-1from Ch. 38, par. 16-1
11 720 ILCS 5/16-3from Ch. 38, par. 16-3
12 720 ILCS 5/16-25
13 720 ILCS 5/17-1from Ch. 38, par. 17-1
14 720 ILCS 5/17-3from Ch. 38, par. 17-3
15 720 ILCS 5/21-1.3
16 720 ILCS 5/21-3from Ch. 38, par. 21-3
17 720 ILCS 5/21.1-2from Ch. 38, par. 21.1-2
18 720 ILCS 5/21.1-3from Ch. 38, par. 21.1-3
19 720 ILCS 5/24-1from Ch. 38, par. 24-1
20 720 ILCS 5/24-1.1from Ch. 38, par. 24-1.1
21 720 ILCS 5/24-3.1from Ch. 38, par. 24-3.1
22 720 ILCS 550/1from Ch. 56 1/2, par. 701
23 720 ILCS 550/4from Ch. 56 1/2, par. 704
24 720 ILCS 550/5from Ch. 56 1/2, par. 705
25 720 ILCS 550/5.2from Ch. 56 1/2, par. 705.2
                  
 
 
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1 720 ILCS 550/8from Ch. 56 1/2, par. 708
2 720 ILCS 550/9from Ch. 56 1/2, par. 709
3 720 ILCS 550/10from Ch. 56 1/2, par. 710
4 720 ILCS 550/10.4 new
5 720 ILCS 550/16.1from Ch. 56 1/2, par. 716.1
6 720 ILCS 550/16.2
7 720 ILCS 570/401from Ch. 56 1/2, par. 1401
8 720 ILCS 570/402from Ch. 56 1/2, par. 1402
9 720 ILCS 600/3.5
10 720 ILCS 646/55
11 720 ILCS 646/60
12 725 ILCS 5/113-3.1from Ch. 38, par. 113-3.1
13 730 ILCS 5/5-4.5-15
14 730 ILCS 5/5-4.5-25
15 730 ILCS 5/5-4.5-30
16 730 ILCS 5/5-4.5-35
17 730 ILCS 5/5-4.5-40
18 730 ILCS 5/5-4.5-45
19 730 ILCS 5/5-4.5-50
20 730 ILCS 5/5-4.5-70
21 730 ILCS 5/5-4.5-85
22 730 ILCS 5/5-4.5-95
23 730 ILCS 5/5-4.5-105
24 730 ILCS 5/5-9-1.1from Ch. 38, par. 1005-9-1.1
25 730 ILCS 5/5-9-1.10
26 730 ILCS 5/5-9-1.17
 
 
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