103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4697

Introduced , by Rep. Tim Ozinga

SYNOPSIS AS INTRODUCED:

See Index

Amends, repeals, and reenacts various Acts. Restores the statutes to the form in which they existed before their amendment by Public Acts 101-652, 102-28, and 102-1104, with certain exceptions. Makes other technical changes. Effective immediately.

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A BILL FOR

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1 AN ACT concerning public safety.

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

3 represented in the General Assembly:

4 (5 ILCS 845/Act rep.)

5 Section 5. The Statewide Use of Force Standardization Act

6 is repealed.

7 (730 ILCS 205/Act rep.)

8 Section 10. The No Representation Without Population Act

9 is repealed.

10 (730 ILCS 210/Act rep.)

11 Section 15. The Reporting of Deaths in Custody Act is

12 repealed.

13 (5 ILCS 70/1.43 rep.)

14 Section 20. The Statute on Statutes is amended by

15 repealing Section 1.43.

16 (5 ILCS 100/5-45.35 rep.)

17 Section 25. The Illinois Administrative Procedure Act is

18 amended by repealing Section 5-45.35 as added by Public Act

19 102-1104.

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1 Section 30. The Freedom of Information Act is amended by

2 changing Section 2.15 as follows:

3 (5 ILCS 140/2.15)

4 Sec. 2.15. Arrest reports and criminal history records.

5 (a) Arrest reports. The following chronologically

6 maintained arrest and criminal history information maintained

7 by State or local criminal justice agencies shall be furnished

8 as soon as practical, but in no event later than 72 hours after

9 the arrest, notwithstanding the time limits otherwise provided

10 for in Section 3 of this Act: (i) information that identifies

11 the individual, including the name, age, address, and

12 photograph, when and if available; (ii) information detailing

13 any charges relating to the arrest; (iii) the time and

14 location of the arrest; (iv) the name of the investigating or

15 arresting law enforcement agency; (v) if the individual is

16 incarcerated, the amount of any bail or bond ~~(blank)~~; and (vi)

17 if the individual is incarcerated, the time and date that the

18 individual was received into, discharged from, or transferred

19 from the arresting agency's custody.

20 (b) Criminal history records. The following documents

21 maintained by a public body pertaining to criminal history

22 record information are public records subject to inspection

23 and copying by the public pursuant to this Act: (i) court

24 records that are public; (ii) records that are otherwise

25 available under State or local law; and (iii) records in which

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1 the requesting party is the individual identified, except as

2 provided under Section 7(1)(d)(vi).

3 (c) Information described in items (iii) through (vi) of

4 subsection (a) may be withheld if it is determined that

5 disclosure would: (i) interfere with pending or actually and

6 reasonably contemplated law enforcement proceedings conducted

7 by any law enforcement agency; (ii) endanger the life or

8 physical safety of law enforcement or correctional personnel

9 or any other person; or (iii) compromise the security of any

10 correctional facility.

11 (d) The provisions of this Section do not supersede the

12 confidentiality provisions for law enforcement or arrest

13 records of the Juvenile Court Act of 1987.

14 (e) Notwithstanding the requirements of subsection (a), a

15 law enforcement agency may not publish booking photographs,

16 commonly known as "mugshots", on its social networking website

17 in connection with civil offenses, petty offenses, business

18 offenses, Class C misdemeanors, and Class B misdemeanors

19 unless the booking photograph is posted to the social

20 networking website to assist in the search for a missing

21 person or to assist in the search for a fugitive, person of

22 interest, or individual wanted in relation to a crime other

23 than a petty offense, business offense, Class C misdemeanor,

24 or Class B misdemeanor. As used in this subsection, "social

25 networking website" has the meaning provided in Section 10 of

26 the Right to Privacy in the Workplace Act.

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1 (Source: P.A. 101-433, eff. 8-20-19; 101-652, eff. 1-1-23;

2 102-1104, eff. 1-1-23.)

3 Section 35. The State Records Act is amended by changing

4 Section 4a as follows:

5 (5 ILCS 160/4a)

6 Sec. 4a. Arrest records and reports.

7 (a) When an individual is arrested, the following

8 information must be made available to the news media for

9 inspection and copying:

10 (1) Information that identifies the individual,

11 including the name, age, address, and photograph, when and

12 if available.

13 (2) Information detailing any charges relating to the

14 arrest.

15 (3) The time and location of the arrest.

16 (4) The name of the investigating or arresting law

17 enforcement agency.

18 (5) (Blank).

19 (5.1) If the individual is incarcerated, the amount of

20 any bail or bond.

21 (6) If the individual is incarcerated, the time and

22 date that the individual was received, discharged, or

23 transferred from the arresting agency's custody.

24 (b) The information required by this Section must be made

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1 available to the news media for inspection and copying as soon

2 as practicable, but in no event shall the time period exceed 72

3 hours from the arrest. The information described in paragraphs

4 (3), (4), (5), and (6) of subsection (a), however, may be

5 withheld if it is determined that disclosure would:

6 (1) interfere with pending or actually and reasonably

7 contemplated law enforcement proceedings conducted by any

8 law enforcement or correctional agency;

9 (2) endanger the life or physical safety of law

10 enforcement or correctional personnel or any other person;

11 or

12 (3) compromise the security of any correctional

13 facility.

14 (c) For the purposes of this Section, the term "news

15 media" means personnel of a newspaper or other periodical

16 issued at regular intervals whether in print or electronic

17 format, a news service whether in print or electronic format,

18 a radio station, a television station, a television network, a

19 community antenna television service, or a person or

20 corporation engaged in making news reels or other motion

21 picture news for public showing.

22 (d) Each law enforcement or correctional agency may charge

23 fees for arrest records, but in no instance may the fee exceed

24 the actual cost of copying and reproduction. The fees may not

25 include the cost of the labor used to reproduce the arrest

26 record.

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1 (e) The provisions of this Section do not supersede the

2 confidentiality provisions for arrest records of the Juvenile

3 Court Act of 1987.

4 (f) All information, including photographs, made available

5 under this Section is subject to the provisions of Section

6 2QQQ of the Consumer Fraud and Deceptive Business Practices

7 Act.

8 (g) Notwithstanding the requirements of subsection (a), a

9 law enforcement agency may not publish booking photographs,

10 commonly known as "mugshots", on its social networking website

11 in connection with civil offenses, petty offenses, business

12 offenses, Class C misdemeanors, and Class B misdemeanors

13 unless the booking photograph is posted to the social

14 networking website to assist in the search for a missing

15 person or to assist in the search for a fugitive, person of

16 interest, or individual wanted in relation to a crime other

17 than a petty offense, business offense, Class C misdemeanor,

18 or Class B misdemeanor. As used in this subsection, "social

19 networking website" has the meaning provided in Section 10 of

20 the Right to Privacy in the Workplace Act.

21 (Source: P.A. 101-433, eff. 8-20-19; 101-652, eff. 1-1-23;

22 102-1104, eff. 1-1-23.)

23 Section 40. The Illinois Public Labor Relations Act is

24 amended by changing Section 14 as follows:

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1 (5 ILCS 315/14) (from Ch. 48, par. 1614)

2 Sec. 14. Security employee, peace officer and fire fighter

3 disputes.

4 (a) In the case of collective bargaining agreements

5 involving units of security employees of a public employer,

6 Peace Officer Units, or units of fire fighters or paramedics,

7 and in the case of disputes under Section 18, unless the

8 parties mutually agree to some other time limit, mediation

9 shall commence 30 days prior to the expiration date of such

10 agreement or at such later time as the mediation services

11 chosen under subsection (b) of Section 12 can be provided to

12 the parties. In the case of negotiations for an initial

13 collective bargaining agreement, mediation shall commence upon

14 15 days notice from either party or at such later time as the

15 mediation services chosen pursuant to subsection (b) of

16 Section 12 can be provided to the parties. In mediation under

17 this Section, if either party requests the use of mediation

18 services from the Federal Mediation and Conciliation Service,

19 the other party shall either join in such request or bear the

20 additional cost of mediation services from another source. The

21 mediator shall have a duty to keep the Board informed on the

22 progress of the mediation. If any dispute has not been

23 resolved within 15 days after the first meeting of the parties

24 and the mediator, or within such other time limit as may be

25 mutually agreed upon by the parties, either the exclusive

26 representative or employer may request of the other, in

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1 writing, arbitration, and shall submit a copy of the request

2 to the Board.

3 (b) Within 10 days after such a request for arbitration

4 has been made, the employer shall choose a delegate and the

5 employees' exclusive representative shall choose a delegate to

6 a panel of arbitration as provided in this Section. The

7 employer and employees shall forthwith advise the other and

8 the Board of their selections.

9 (c) Within 7 days after the request of either party, the

10 parties shall request a panel of impartial arbitrators from

11 which they shall select the neutral chairman according to the

12 procedures provided in this Section. If the parties have

13 agreed to a contract that contains a grievance resolution

14 procedure as provided in Section 8, the chairman shall be

15 selected using their agreed contract procedure unless they

16 mutually agree to another procedure. If the parties fail to

17 notify the Board of their selection of neutral chairman within

18 7 days after receipt of the list of impartial arbitrators, the

19 Board shall appoint, at random, a neutral chairman from the

20 list. In the absence of an agreed contract procedure for

21 selecting an impartial arbitrator, either party may request a

22 panel from the Board. Within 7 days of the request of either

23 party, the Board shall select from the Public Employees Labor

24 Mediation Roster 7 persons who are on the labor arbitration

25 panels of either the American Arbitration Association or the

26 Federal Mediation and Conciliation Service, or who are members

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1 of the National Academy of Arbitrators, as nominees for

2 impartial arbitrator of the arbitration panel. The parties may

3 select an individual on the list provided by the Board or any

4 other individual mutually agreed upon by the parties. Within 7

5 days following the receipt of the list, the parties shall

6 notify the Board of the person they have selected. Unless the

7 parties agree on an alternate selection procedure, they shall

8 alternatively strike one name from the list provided by the

9 Board until only one name remains. A coin toss shall determine

10 which party shall strike the first name. If the parties fail to

11 notify the Board in a timely manner of their selection for

12 neutral chairman, the Board shall appoint a neutral chairman

13 from the Illinois Public Employees Mediation/Arbitration

14 Roster.

15 (d) The chairman shall call a hearing to begin within 15

16 days and give reasonable notice of the time and place of the

17 hearing. The hearing shall be held at the offices of the Board

18 or at such other location as the Board deems appropriate. The

19 chairman shall preside over the hearing and shall take

20 testimony. Any oral or documentary evidence and other data

21 deemed relevant by the arbitration panel may be received in

22 evidence. The proceedings shall be informal. Technical rules

23 of evidence shall not apply and the competency of the evidence

24 shall not thereby be deemed impaired. A verbatim record of the

25 proceedings shall be made and the arbitrator shall arrange for

26 the necessary recording service. Transcripts may be ordered at

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1 the expense of the party ordering them, but the transcripts

2 shall not be necessary for a decision by the arbitration

3 panel. The expense of the proceedings, including a fee for the

4 chairman, shall be borne equally by each of the parties to the

5 dispute. The delegates, if public officers or employees, shall

6 continue on the payroll of the public employer without loss of

7 pay. The hearing conducted by the arbitration panel may be

8 adjourned from time to time, but unless otherwise agreed by

9 the parties, shall be concluded within 30 days of the time of

10 its commencement. Majority actions and rulings shall

11 constitute the actions and rulings of the arbitration panel.

12 Arbitration proceedings under this Section shall not be

13 interrupted or terminated by reason of any unfair labor

14 practice charge filed by either party at any time.

15 (e) The arbitration panel may administer oaths, require

16 the attendance of witnesses, and the production of such books,

17 papers, contracts, agreements and documents as may be deemed

18 by it material to a just determination of the issues in

19 dispute, and for such purpose may issue subpoenas. If any

20 person refuses to obey a subpoena, or refuses to be sworn or to

21 testify, or if any witness, party or attorney is guilty of any

22 contempt while in attendance at any hearing, the arbitration

23 panel may, or the attorney general if requested shall, invoke

24 the aid of any circuit court within the jurisdiction in which

25 the hearing is being held, which court shall issue an

26 appropriate order. Any failure to obey the order may be

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1 punished by the court as contempt.

2 (f) At any time before the rendering of an award, the

3 chairman of the arbitration panel, if he is of the opinion that

4 it would be useful or beneficial to do so, may remand the

5 dispute to the parties for further collective bargaining for a

6 period not to exceed 2 weeks. If the dispute is remanded for

7 further collective bargaining the time provisions of this Act

8 shall be extended for a time period equal to that of the

9 remand. The chairman of the panel of arbitration shall notify

10 the Board of the remand.

11 (g) At or before the conclusion of the hearing held

12 pursuant to subsection (d), the arbitration panel shall

13 identify the economic issues in dispute, and direct each of

14 the parties to submit, within such time limit as the panel

15 shall prescribe, to the arbitration panel and to each other

16 its last offer of settlement on each economic issue. The

17 determination of the arbitration panel as to the issues in

18 dispute and as to which of these issues are economic shall be

19 conclusive. The arbitration panel, within 30 days after the

20 conclusion of the hearing, or such further additional periods

21 to which the parties may agree, shall make written findings of

22 fact and promulgate a written opinion and shall mail or

23 otherwise deliver a true copy thereof to the parties and their

24 representatives and to the Board. As to each economic issue,

25 the arbitration panel shall adopt the last offer of settlement

26 which, in the opinion of the arbitration panel, more nearly

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1 complies with the applicable factors prescribed in subsection

2 (h). The findings, opinions and order as to all other issues

3 shall be based upon the applicable factors prescribed in

4 subsection (h).

5 (h) Where there is no agreement between the parties, or

6 where there is an agreement but the parties have begun

7 negotiations or discussions looking to a new agreement or

8 amendment of the existing agreement, and wage rates or other

9 conditions of employment under the proposed new or amended

10 agreement are in dispute, the arbitration panel shall base its

11 findings, opinions and order upon the following factors, as

12 applicable:

13 (1) The lawful authority of the employer.

14 (2) Stipulations of the parties.

15 (3) The interests and welfare of the public and the

16 financial ability of the unit of government to meet those

17 costs.

18 (4) Comparison of the wages, hours and conditions of

19 employment of the employees involved in the arbitration

20 proceeding with the wages, hours and conditions of

21 employment of other employees performing similar services

22 and with other employees generally:

23 (A) In public employment in comparable

24 communities.

25 (B) In private employment in comparable

26 communities.

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1 (5) The average consumer prices for goods and

2 services, commonly known as the cost of living.

3 (6) The overall compensation presently received by the

4 employees, including direct wage compensation, vacations,

5 holidays and other excused time, insurance and pensions,

6 medical and hospitalization benefits, the continuity and

7 stability of employment and all other benefits received.

8 (7) Changes in any of the foregoing circumstances

9 during the pendency of the arbitration proceedings.

10 (8) Such other factors, not confined to the foregoing,

11 which are normally or traditionally taken into

12 consideration in the determination of wages, hours and

13 conditions of employment through voluntary collective

14 bargaining, mediation, fact-finding, arbitration or

15 otherwise between the parties, in the public service or in

16 private employment.

17 (i) In the case of peace officers, the arbitration

18 decision shall be limited to wages, hours, and conditions of

19 employment (which may include residency requirements in

20 municipalities with a population under 1,000,000, ~~100,000,~~ but

21 those residency requirements shall not allow residency outside

22 of Illinois) and shall not include the following: i) residency

23 requirements in municipalities with a population of at least

24 1,000,000 ~~100,000~~; ii) the type of equipment, other than

25 uniforms, issued or used; iii) manning; iv) the total number

26 of employees employed by the department; v) mutual aid and

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1 assistance agreements to other units of government; and vi)

2 the criterion pursuant to which force, including deadly force,

3 can be used; provided, nothing herein shall preclude an

4 arbitration decision regarding equipment or manning levels if

5 such decision is based on a finding that the equipment or

6 manning considerations in a specific work assignment involve a

7 serious risk to the safety of a peace officer beyond that which

8 is inherent in the normal performance of police duties.

9 Limitation of the terms of the arbitration decision pursuant

10 to this subsection shall not be construed to limit the factors

11 upon which the decision may be based, as set forth in

12 subsection (h).

13 In the case of fire fighter, and fire department or fire

14 district paramedic matters, the arbitration decision shall be

15 limited to wages, hours, and conditions of employment

16 (including manning and also including residency requirements

17 in municipalities with a population under 1,000,000, but those

18 residency requirements shall not allow residency outside of

19 Illinois) and shall not include the following matters: i)

20 residency requirements in municipalities with a population of

21 at least 1,000,000; ii) the type of equipment (other than

22 uniforms and fire fighter turnout gear) issued or used; iii)

23 the total number of employees employed by the department; iv)

24 mutual aid and assistance agreements to other units of

25 government; and v) the criterion pursuant to which force,

26 including deadly force, can be used; provided, however,

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1 nothing herein shall preclude an arbitration decision

2 regarding equipment levels if such decision is based on a

3 finding that the equipment considerations in a specific work

4 assignment involve a serious risk to the safety of a fire

5 fighter beyond that which is inherent in the normal

6 performance of fire fighter duties. Limitation of the terms of

7 the arbitration decision pursuant to this subsection shall not

8 be construed to limit the facts upon which the decision may be

9 based, as set forth in subsection (h).

10 The changes to this subsection (i) made by Public Act

11 90-385 (relating to residency requirements) do not apply to

12 persons who are employed by a combined department that

13 performs both police and firefighting services; these persons

14 shall be governed by the provisions of this subsection (i)

15 relating to peace officers, as they existed before the

16 amendment by Public Act 90-385.

17 To preserve historical bargaining rights, this subsection

18 shall not apply to any provision of a fire fighter collective

19 bargaining agreement in effect and applicable on the effective

20 date of this Act; provided, however, nothing herein shall

21 preclude arbitration with respect to any such provision.

22 (j) Arbitration procedures shall be deemed to be initiated

23 by the filing of a letter requesting mediation as required

24 under subsection (a) of this Section. The commencement of a

25 new municipal fiscal year after the initiation of arbitration

26 procedures under this Act, but before the arbitration

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1 decision, or its enforcement, shall not be deemed to render a

2 dispute moot, or to otherwise impair the jurisdiction or

3 authority of the arbitration panel or its decision. Increases

4 in rates of compensation awarded by the arbitration panel may

5 be effective only at the start of the fiscal year next

6 commencing after the date of the arbitration award. If a new

7 fiscal year has commenced either since the initiation of

8 arbitration procedures under this Act or since any mutually

9 agreed extension of the statutorily required period of

10 mediation under this Act by the parties to the labor dispute

11 causing a delay in the initiation of arbitration, the

12 foregoing limitations shall be inapplicable, and such awarded

13 increases may be retroactive to the commencement of the fiscal

14 year, any other statute or charter provisions to the contrary,

15 notwithstanding. At any time the parties, by stipulation, may

16 amend or modify an award of arbitration.

17 (k) Orders of the arbitration panel shall be reviewable,

18 upon appropriate petition by either the public employer or the

19 exclusive bargaining representative, by the circuit court for

20 the county in which the dispute arose or in which a majority of

21 the affected employees reside, but only for reasons that the

22 arbitration panel was without or exceeded its statutory

23 authority; the order is arbitrary, or capricious; or the order

24 was procured by fraud, collusion or other similar and unlawful

25 means. Such petitions for review must be filed with the

26 appropriate circuit court within 90 days following the

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1 issuance of the arbitration order. The pendency of such

2 proceeding for review shall not automatically stay the order

3 of the arbitration panel. The party against whom the final

4 decision of any such court shall be adverse, if such court

5 finds such appeal or petition to be frivolous, shall pay

6 reasonable attorneys' fees and costs to the successful party

7 as determined by said court in its discretion. If said court's

8 decision affirms the award of money, such award, if

9 retroactive, shall bear interest at the rate of 12 percent per

10 annum from the effective retroactive date.

11 (l) During the pendency of proceedings before the

12 arbitration panel, existing wages, hours, and other conditions

13 of employment shall not be changed by action of either party

14 without the consent of the other but a party may so consent

15 without prejudice to his rights or position under this Act.

16 The proceedings are deemed to be pending before the

17 arbitration panel upon the initiation of arbitration

18 procedures under this Act.

19 (m) Security officers of public employers, and Peace

20 Officers, Fire Fighters and fire department and fire

21 protection district paramedics, covered by this Section may

22 not withhold services, nor may public employers lock out or

23 prevent such employees from performing services at any time.

24 (n) All of the terms decided upon by the arbitration panel

25 shall be included in an agreement to be submitted to the public

26 employer's governing body for ratification and adoption by

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1 law, ordinance or the equivalent appropriate means.

2 The governing body shall review each term decided by the

3 arbitration panel. If the governing body fails to reject one

4 or more terms of the arbitration panel's decision by a 3/5 vote

5 of those duly elected and qualified members of the governing

6 body, within 20 days of issuance, or in the case of

7 firefighters employed by a state university, at the next

8 regularly scheduled meeting of the governing body after

9 issuance, such term or terms shall become a part of the

10 collective bargaining agreement of the parties. If the

11 governing body affirmatively rejects one or more terms of the

12 arbitration panel's decision, it must provide reasons for such

13 rejection with respect to each term so rejected, within 20

14 days of such rejection and the parties shall return to the

15 arbitration panel for further proceedings and issuance of a

16 supplemental decision with respect to the rejected terms. Any

17 supplemental decision by an arbitration panel or other

18 decision maker agreed to by the parties shall be submitted to

19 the governing body for ratification and adoption in accordance

20 with the procedures and voting requirements set forth in this

21 Section. The voting requirements of this subsection shall

22 apply to all disputes submitted to arbitration pursuant to

23 this Section notwithstanding any contrary voting requirements

24 contained in any existing collective bargaining agreement

25 between the parties.

26 (o) If the governing body of the employer votes to reject

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1 the panel's decision, the parties shall return to the panel

2 within 30 days from the issuance of the reasons for rejection

3 for further proceedings and issuance of a supplemental

4 decision. All reasonable costs of such supplemental proceeding

5 including the exclusive representative's reasonable attorney's

6 fees, as established by the Board, shall be paid by the

7 employer.

8 (p) Notwithstanding the provisions of this Section the

9 employer and exclusive representative may agree to submit

10 unresolved disputes concerning wages, hours, terms and

11 conditions of employment to an alternative form of impasse

12 resolution.

13 ~~The amendatory changes to this Section made by Public Act~~

14 ~~101-652 take effect July 1, 2022.~~

15 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)

16 Section 45. The Community-Law Enforcement and Other First

17 Responder Partnership for Deflection and Substance Use

18 Disorder Treatment Act is amended by changing Sections 1, 5,

19 10, 15, 20, 30, and 35 as follows:

20 (5 ILCS 820/1)

21 Sec. 1. Short title. This Act may be cited as the

22 Community-Law Enforcement ~~Community~~ Partnership for Deflection

23 and Substance Use Disorder Treatment Act.

24 (Source: P.A. 103-361, eff. 1-1-24.)

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1 (5 ILCS 820/5)

2 Sec. 5. Purposes. The General Assembly hereby acknowledges

3 that opioid use disorders, overdoses, and deaths in Illinois

4 are persistent and growing concerns for Illinois communities.

5 These concerns compound existing challenges to adequately

6 address and manage substance use and mental health disorders.

7 Local government agencies, law enforcement officers~~, other~~

8 ~~first responders, and co-responders~~ have a unique opportunity

9 to facilitate connections to community-based services,

10 including case management, and mental and behavioral health

11 interventions that provide harm reduction or substance use

12 treatment and can help save and restore lives; help reduce

13 drug use, overdose incidence, criminal offending, and

14 recidivism; and help prevent arrest and conviction records

15 that destabilize health, families, and opportunities for

16 community citizenship and self-sufficiency. These efforts are

17 bolstered when pursued in partnership with licensed behavioral

18 health treatment providers and community members or

19 organizations. It is the intent of the General Assembly to

20 authorize law enforcement~~, other first responders,~~ and local

21 government agencies to develop and implement collaborative

22 deflection programs in Illinois that offer immediate pathways

23 to substance use treatment and other services as an

24 alternative to traditional case processing and involvement in

25 the criminal justice system~~, and to unnecessary admission to~~

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1 ~~emergency departments~~.

2 (Source: P.A. 103-361, eff. 1-1-24.)

3 (5 ILCS 820/10)

4 Sec. 10. Definitions. In this Act:

5 "Case management" means those services which use

6 evidence-based practices, including harm reduction and

7 motivational interviewing, to assist persons in gaining access

8 to needed social, educational, medical, substance use and

9 mental health treatment, and other services.

10 "Community member or organization" means an individual

11 volunteer, resident, public office, or a not-for-profit

12 organization, religious institution, charitable organization,

13 or other public body committed to the improvement of

14 individual and family mental and physical well-being and the

15 overall social welfare of the community, and may include

16 persons with lived experience in recovery from substance use

17 disorder, either themselves or as family members.

18 ~~"Other first responder" means and includes emergency~~

19 ~~medical services providers that are public units of~~

20 ~~government, fire departments and districts, and officials and~~

21 ~~responders representing and employed by these entities.~~

22 "Deflection program" means a program in which a peace

23 officer or member of a law enforcement agency~~, other first~~

24 ~~responder,~~ or local government agency facilitates contact

25 between an individual and a licensed substance use treatment

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1 provider, clinician, or case management agency for assessment

2 and coordination of treatment planning~~, including co-responder~~

3 ~~approaches that incorporate behavioral health, peer, or social~~

4 ~~work professionals with law enforcement or other first~~

5 ~~responders at the scene~~. This facilitation includes defined

6 criteria for eligibility and communication protocols agreed to

7 by the law enforcement agency ~~or other first responder entity~~

8 and the licensed treatment provider or case management agency

9 for the purpose of providing substance use treatment or care

10 collaboration to those persons in lieu of arrest or further

11 justice system involvement~~, or unnecessary admissions to the~~

12 ~~emergency department~~. Deflection programs may include, but are

13 not limited to, the following types of responses:

14 (1) a post-overdose deflection response initiated by a

15 peace officer or law enforcement agency subsequent to

16 emergency administration of medication to reverse an

17 overdose, or in cases of severe substance use disorder

18 with acute risk for overdose;

19 (2) a self-referral deflection response initiated by

20 an individual by contacting a peace officer, law

21 enforcement agency, ~~other first responder,~~ or local

22 government agency in the acknowledgment of their substance

23 use or disorder;

24 (3) an active outreach deflection response initiated

25 by a peace officer, law enforcement agency, ~~other first~~

26 ~~responder,~~ or local government agency as a result of

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1 proactive identification of persons thought likely to have

2 a substance use disorder or untreated or undiagnosed

3 mental illness;

4 (4) an officer~~, other first responder,~~ or local

5 government agency prevention deflection response initiated

6 by a peace officer, law enforcement agency, or local

7 government agency in response to a community call when no

8 criminal charges are present;

9 (5) an officer intervention during routine activities,

10 such as patrol or response to a service call during which a

11 referral to treatment, to services, or to a case manager

12 is made in lieu of arrest.

13 "Harm reduction" means a reduction of, or attempt to

14 reduce, the adverse consequences of substance use, including,

15 but not limited to, by addressing the substance use and

16 conditions that give rise to the substance use. "Harm

17 reduction" includes, but is not limited to, syringe service

18 programs, naloxone distribution, and public awareness

19 campaigns about the Good Samaritan Act.

20 "Law enforcement agency" means a municipal police

21 department or county sheriff's office of this State, the

22 Illinois State Police, or other law enforcement agency whose

23 officers, by statute, are granted and authorized to exercise

24 powers similar to those conferred upon any peace officer

25 employed by a law enforcement agency of this State.

26 "Licensed treatment provider" means an organization

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1 licensed by the Department of Human Services to perform an

2 activity or service, or a coordinated range of those

3 activities or services, as the Department of Human Services

4 may establish by rule, such as the broad range of emergency,

5 outpatient, intensive outpatient, and residential services and

6 care, including assessment, diagnosis, case management,

7 medical, psychiatric, psychological and social services,

8 medication-assisted treatment, care and counseling, and

9 recovery support, which may be extended to persons to assess

10 or treat substance use disorder or to families of those

11 persons.

12 "Local government agency" means a county, municipality, or

13 township office, a State's Attorney's Office, a Public

14 Defender's Office, or a local health department.

15 "Peace officer" means any peace officer or member of any

16 duly organized State, county, or municipal peace officer unit,

17 any police force of another State, or any police force whose

18 members, by statute, are granted and authorized to exercise

19 powers similar to those conferred upon any peace officer

20 employed by a law enforcement agency of this State.

21 "Substance use disorder" means a pattern of use of alcohol

22 or other drugs leading to clinical or functional impairment,

23 in accordance with the definition in the Diagnostic and

24 Statistical Manual of Mental Disorders (DSM-5), or in any

25 subsequent editions.

26 "Treatment" means the broad range of emergency,

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1 outpatient, intensive outpatient, and residential services and

2 care (including assessment, diagnosis, case management,

3 medical, psychiatric, psychological and social services,

4 medication-assisted treatment, care and counseling, and

5 recovery support) which may be extended to persons who have

6 substance use disorders, persons with mental illness, or

7 families of those persons.

8 (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;

9 103-361, eff. 1-1-24.)

10 (5 ILCS 820/15)

11 Sec. 15. Authorization.

12 (a) Any law enforcement agency~~, other first responder~~

13 ~~entity,~~ or local government agency may establish a deflection

14 program subject to the provisions of this Act in partnership

15 with one or more licensed providers of substance use disorder

16 treatment services and one or more community members or

17 organizations. ~~Programs established by another first responder~~

18 ~~entity or a local government agency shall also include a law~~

19 ~~enforcement agency.~~

20 (b) The deflection program may involve a post-overdose

21 deflection response, a self-referral deflection response, a

22 pre-arrest diversion response, an active outreach deflection

23 response, an officer ~~or other first responder~~ prevention

24 deflection response, or an officer intervention deflection

25 response, or any combination of those.

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1 (c) Nothing shall preclude the General Assembly from

2 adding other responses to a deflection program, or preclude a

3 law enforcement agency~~, other first responder entity,~~ or local

4 government agency from developing a deflection program

5 response based on a model unique and responsive to local

6 issues, substance use or mental health needs, and

7 partnerships, using sound and promising or evidence-based

8 practices.

9 (c-5) Whenever appropriate and available, case management

10 should be provided by a licensed treatment provider or other

11 appropriate provider and may include peer recovery support

12 approaches.

13 (d) To receive funding for activities as described in

14 Section 35 of this Act, planning for the deflection program

15 shall include:

16 (1) the involvement of one or more licensed treatment

17 programs and one or more community members or

18 organizations; and

19 (2) an agreement with the Illinois Criminal Justice

20 Information Authority to collect and evaluate relevant

21 statistical data related to the program, as established by

22 the Illinois Criminal Justice Information Authority in

23 paragraph (2) of subsection (a) of Section 25 of this Act.

24 ~~(3) an agreement with participating licensed treatment~~

25 ~~providers authorizing the release of statistical data to~~

26 ~~the Illinois Criminal Justice Information Authority, in~~

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1 ~~compliance with State and Federal law, as established by~~

2 ~~the Illinois Criminal Justice Information Authority in~~

3 ~~paragraph (2) of subsection (a) of Section 25 of this Act.~~

4 (Source: P.A. 103-361, eff. 1-1-24.)

5 (5 ILCS 820/20)

6 Sec. 20. Procedure. The law enforcement agency, ~~other~~

7 ~~first responder entity,~~ local government agency, licensed

8 treatment providers, and community members or organizations

9 shall establish a local deflection program plan that includes

10 protocols and procedures for participant identification,

11 screening or assessment, case management, treatment

12 facilitation, reporting, restorative justice, and ongoing

13 involvement of the law enforcement agency. Licensed substance

14 use disorder treatment organizations shall adhere to 42 CFR

15 Part 2 regarding confidentiality regulations for information

16 exchange or release. Substance use disorder treatment services

17 shall adhere to all regulations specified in Department of

18 Human Services Administrative Rules, Parts 2060 and 2090.

19 A deflection program organized and operating under this

20 Act may accept, receive, and disburse, in furtherance of its

21 duties and functions, any funds, grants, and services made

22 available by the State and its agencies, the federal

23 government and its agencies, units of local government, and

24 private or civic sources.

25 (Source: P.A. 103-361, eff. 1-1-24.)

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1 (5 ILCS 820/30)

2 Sec. 30. Exemption from civil liability. The law

3 enforcement agency, peace officer~~, other first responder,~~ or

4 local government agency or employee of the agency acting in

5 good faith shall not, as the result of acts or omissions in

6 providing services under Section 15 of this Act, be liable for

7 civil damages, unless the acts or omissions constitute willful

8 and wanton misconduct.

9 (Source: P.A. 103-361, eff. 1-1-24.)

10 (5 ILCS 820/35)

11 Sec. 35. Funding.

12 (a) The General Assembly may appropriate funds to the

13 Illinois Criminal Justice Information Authority for the

14 purpose of funding law enforcement agencies~~, other first~~

15 ~~responder entities,~~ or local government agencies for services

16 provided by deflection program partners as part of deflection

17 programs subject to subsection (d) of Section 15 of this Act.

18 (a.1) (Blank). ~~Up to 10 percent of appropriated funds may~~

19 ~~be expended on activities related to knowledge dissemination,~~

20 ~~training, technical assistance, or other similar activities~~

21 ~~intended to increase practitioner and public awareness of~~

22 ~~deflection and/or to support its implementation. The Illinois~~

23 ~~Criminal Justice Information Authority may adopt guidelines~~

24 ~~and requirements to direct the distribution of funds for these~~

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1 ~~activities.~~

2 (b) The ~~For all appropriated funds not distributed under~~

3 ~~subsection (a.1), the~~ Illinois Criminal Justice Information

4 Authority may adopt guidelines and requirements to direct the

5 distribution of funds for expenses related to deflection

6 programs. Funding shall be made available to support both new

7 and existing deflection programs in a broad spectrum of

8 geographic regions in this State, including urban, suburban,

9 and rural communities. ~~Funding for deflection programs shall~~

10 ~~be prioritized for communities that have been impacted by the~~

11 ~~war on drugs, communities that have a police/community~~

12 ~~relations issue, and communities that have a disproportionate~~

13 ~~lack of access to mental health and drug treatment.~~ Activities

14 eligible for funding under this Act may include, but are not

15 limited to, the following:

16 (1) activities related to program administration,

17 coordination, or management, including, but not limited

18 to, the development of collaborative partnerships with

19 licensed treatment providers and community members or

20 organizations; collection of program data; or monitoring

21 of compliance with a local deflection program plan;

22 (2) case management including case management provided

23 prior to assessment, diagnosis, and engagement in

24 treatment, as well as assistance navigating and gaining

25 access to various treatment modalities and support

26 services;

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1 (3) peer recovery or recovery support services that

2 include the perspectives of persons with the experience of

3 recovering from a substance use disorder, either

4 themselves or as family members;

5 (4) transportation to a licensed treatment provider or

6 other program partner location;

7 (5) program evaluation activities;

8 (6) (blank); ~~naloxone and related harm reduction~~

9 ~~supplies necessary for carrying out overdose prevention~~

10 ~~and reversal for purposes of distribution to program~~

11 ~~participants or for use by law enforcement, other first~~

12 ~~responders, or local government agencies;~~

13 (7) (blank); ~~treatment necessary to prevent gaps in~~

14 ~~service delivery between linkage and coverage by other~~

15 ~~funding sources when otherwise non-reimbursable;~~ and

16 (8) wraparound participant funds to be used to

17 incentivize participation and meet participant needs.

18 Eligible items include, but are not limited to, clothing,

19 transportation, application fees, emergency shelter,

20 utilities, toiletries, medical supplies, haircuts, and

21 snacks. Food and drink is allowed if it is necessary for

22 the program's success where it incentivizes participation

23 in case management or addresses an emergency need as a

24 bridge to self-sufficiency when other sources of emergency

25 food are not available.

26 (c) Specific linkage agreements with recovery support

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1 services or self-help entities may be a requirement of the

2 program services protocols. All deflection programs shall

3 encourage the involvement of key family members and

4 significant others as a part of a family-based approach to

5 treatment. All deflection programs are encouraged to use

6 evidence-based practices and outcome measures in the provision

7 of case management, substance use disorder treatment, and

8 medication-assisted treatment for persons with opioid use

9 disorders.

10 (Source: P.A. 102-813, eff. 5-13-22; 103-361, eff. 1-1-24.)

11 (5 ILCS 820/21 rep.)

12 Section 50. The Community-Law Enforcement Partnership for

13 Deflection and Substance Use Disorder Treatment Act is amended

14 by repealing Section 21.

15 (15 ILCS 205/10 rep.)

16 Section 55. The Attorney General Act is amended by

17 repealing Section 10.

18 Section 60. The Department of State Police Law of the

19 Civil Administrative Code of Illinois is amended by changing

20 Section 2605-302 as follows:

21 (20 ILCS 2605/2605-302) (was 20 ILCS 2605/55a in part)

22 Sec. 2605-302. Arrest reports.

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1 (a) When an individual is arrested, the following

2 information must be made available to the news media for

3 inspection and copying:

4 (1) Information that identifies the individual,

5 including the name, age, address, and photograph, when and

6 if available.

7 (2) Information detailing any charges relating to the

8 arrest.

9 (3) The time and location of the arrest.

10 (4) The name of the investigating or arresting law

11 enforcement agency.

12 (5) (Blank).

13 (5.1) If the individual is incarcerated, the amount of

14 any bail or bond.

15 (6) If the individual is incarcerated, the time and

16 date that the individual was received, discharged, or

17 transferred from the arresting agency's custody.

18 (b) The information required by this Section must be made

19 available to the news media for inspection and copying as soon

20 as practicable, but in no event shall the time period exceed 72

21 hours from the arrest. The information described in items (3),

22 (4), (5), and (6) of subsection (a), however, may be withheld

23 if it is determined that disclosure would (i) interfere with

24 pending or actually and reasonably contemplated law

25 enforcement proceedings conducted by any law enforcement or

26 correctional agency; (ii) endanger the life or physical safety

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1 of law enforcement or correctional personnel or any other

2 person; or (iii) compromise the security of any correctional

3 facility.

4 (c) For the purposes of this Section, the term "news

5 media" means personnel of a newspaper or other periodical

6 issued at regular intervals whether in print or electronic

7 format, a news service whether in print or electronic format,

8 a radio station, a television station, a television network, a

9 community antenna television service, or a person or

10 corporation engaged in making news reels or other motion

11 picture news for public showing.

12 (d) Each law enforcement or correctional agency may charge

13 fees for arrest records, but in no instance may the fee exceed

14 the actual cost of copying and reproduction. The fees may not

15 include the cost of the labor used to reproduce the arrest

16 record.

17 (e) The provisions of this Section do not supersede the

18 confidentiality provisions for arrest records of the Juvenile

19 Court Act of 1987.

20 (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

21 Section 65. The State Police Act is amended by changing

22 Section 14 as follows:

23 (20 ILCS 2610/14) (from Ch. 121, par. 307.14)

24 Sec. 14. Except as is otherwise provided in this Act, no

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1 Illinois State Police officer shall be removed, demoted, or

2 suspended except for cause, upon written charges filed with

3 the Board by the Director and a hearing before the Board

4 thereon upon not less than 10 days' notice at a place to be

5 designated by the chairman thereof. At such hearing, the

6 accused shall be afforded full opportunity to be heard in his

7 or her own defense and to produce proof in his or her defense.

8 Anyone ~~It shall not be a requirement of a person~~ filing a

9 complaint against a State Police officer must ~~to~~ have the ~~a~~

10 complaint supported by a sworn affidavit. Any such complaint,

11 having been supported by a sworn affidavit, and having been

12 found, in total or in part, to contain false information,

13 shall be presented to the appropriate State's Attorney for a

14 determination of prosecution ~~or any other legal documentation.~~

15 ~~This ban on an affidavit requirement shall apply to any~~

16 ~~collective bargaining agreements entered after the effective~~

17 ~~date of this provision~~.

18 Before any such officer may be interrogated or examined by

19 or before the Board, or by an Illinois State Police agent or

20 investigator specifically assigned to conduct an internal

21 investigation, the results of which hearing, interrogation, or

22 examination may be the basis for filing charges seeking his or

23 her suspension for more than 15 days or his or her removal or

24 discharge, he or she shall be advised in writing as to what

25 specific improper or illegal act he or she is alleged to have

26 committed; he or she shall be advised in writing that his or

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1 her admissions made in the course of the hearing,

2 interrogation, or examination may be used as the basis for

3 charges seeking his or her suspension, removal, or discharge;

4 and he or she shall be advised in writing that he or she has a

5 right to counsel of his or her choosing, who may be present to

6 advise him or her at any hearing, interrogation, or

7 examination. A complete record of any hearing, interrogation,

8 or examination shall be made, and a complete transcript or

9 electronic recording thereof shall be made available to such

10 officer without charge and without delay.

11 The Board shall have the power to secure by its subpoena

12 both the attendance and testimony of witnesses and the

13 production of books and papers in support of the charges and

14 for the defense. Each member of the Board or a designated

15 hearing officer shall have the power to administer oaths or

16 affirmations. If the charges against an accused are

17 established by a preponderance of evidence, the Board shall

18 make a finding of guilty and order either removal, demotion,

19 suspension for a period of not more than 180 days, or such

20 other disciplinary punishment as may be prescribed by the

21 rules and regulations of the Board which, in the opinion of the

22 members thereof, the offense merits. Thereupon the Director

23 shall direct such removal or other punishment as ordered by

24 the Board and if the accused refuses to abide by any such

25 disciplinary order, the Director shall remove him or her

26 forthwith.

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1 If the accused is found not guilty or has served a period

2 of suspension greater than prescribed by the Board, the Board

3 shall order that the officer receive compensation for the

4 period involved. The award of compensation shall include

5 interest at the rate of 7% per annum.

6 The Board may include in its order appropriate sanctions

7 based upon the Board's rules and regulations. If the Board

8 finds that a party has made allegations or denials without

9 reasonable cause or has engaged in frivolous litigation for

10 the purpose of delay or needless increase in the cost of

11 litigation, it may order that party to pay the other party's

12 reasonable expenses, including costs and reasonable attorney's

13 fees. The State of Illinois and the Illinois State Police

14 shall be subject to these sanctions in the same manner as other

15 parties.

16 In case of the neglect or refusal of any person to obey a

17 subpoena issued by the Board, any circuit court, upon

18 application of any member of the Board, may order such person

19 to appear before the Board and give testimony or produce

20 evidence, and any failure to obey such order is punishable by

21 the court as a contempt thereof.

22 The provisions of the Administrative Review Law, and all

23 amendments and modifications thereof, and the rules adopted

24 pursuant thereto, shall apply to and govern all proceedings

25 for the judicial review of any order of the Board rendered

26 pursuant to the provisions of this Section.

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1 Notwithstanding the provisions of this Section, a policy

2 making officer, as defined in the Employee Rights Violation

3 Act, of the Illinois State Police shall be discharged from the

4 Illinois State Police as provided in the Employee Rights

5 Violation Act, enacted by the 85th General Assembly.

6 (Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;

7 102-813, eff. 5-13-22.)

8 (20 ILCS 2610/17c rep.)

9 Section 70. The State Police Act is amended by repealing

10 Section 17c.

11 (20 ILCS 3930/7.7 rep.)

12 (20 ILCS 3930/7.8 rep.)

13 Section 75. The Illinois Criminal Justice Information Act

14 is amended by repealing Sections 7.7 and 7.8.

15 (30 ILCS 105/5.990 rep.)

16 Section 80. The State Finance Act is amended by repealing

17 Section 5.990 as added by Public Act 102-1104.

18 (50 ILCS 105/4.1 rep.)

19 Section 85. The Public Officer Prohibited Activities Act

20 is amended by repealing Section 4.1.

21 Section 90. The Local Records Act is amended by changing

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1 Section 3b as follows:

2 (50 ILCS 205/3b)

3 Sec. 3b. Arrest records and reports.

4 (a) When an individual is arrested, the following

5 information must be made available to the news media for

6 inspection and copying:

7 (1) Information that identifies the individual,

8 including the name, age, address, and photograph, when and

9 if available.

10 (2) Information detailing any charges relating to the

11 arrest.

12 (3) The time and location of the arrest.

13 (4) The name of the investigating or arresting law

14 enforcement agency.

15 (5) (Blank).

16 (5.1) If the individual is incarcerated, the amount of

17 any bail or bond.

18 (6) If the individual is incarcerated, the time and

19 date that the individual was received, discharged, or

20 transferred from the arresting agency's custody.

21 (b) The information required by this Section must be made

22 available to the news media for inspection and copying as soon

23 as practicable, but in no event shall the time period exceed 72

24 hours from the arrest. The information described in paragraphs

25 (3), (4), (5), and (6) of subsection (a), however, may be

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1 withheld if it is determined that disclosure would:

2 (1) interfere with pending or actually and reasonably

3 contemplated law enforcement proceedings conducted by any

4 law enforcement or correctional agency;

5 (2) endanger the life or physical safety of law

6 enforcement or correctional personnel or any other person;

7 or

8 (3) compromise the security of any correctional

9 facility.

10 (c) For the purposes of this Section the term "news media"

11 means personnel of a newspaper or other periodical issued at

12 regular intervals whether in print or electronic format, a

13 news service whether in print or electronic format, a radio

14 station, a television station, a television network, a

15 community antenna television service, or a person or

16 corporation engaged in making news reels or other motion

17 picture news for public showing.

18 (d) Each law enforcement or correctional agency may charge

19 fees for arrest records, but in no instance may the fee exceed

20 the actual cost of copying and reproduction. The fees may not

21 include the cost of the labor used to reproduce the arrest

22 record.

23 (e) The provisions of this Section do not supersede the

24 confidentiality provisions for arrest records of the Juvenile

25 Court Act of 1987.

26 (f) All information, including photographs, made available

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1 under this Section is subject to the provisions of Section

2 2QQQ of the Consumer Fraud and Deceptive Business Practices

3 Act.

4 (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

5 (50 ILCS 205/25 rep.)

6 Section 95. The Local Records Act is amended by repealing

7 Section 25.

8 Section 100. The Illinois Police Training Act is amended

9 by changing Sections 6.2 and 10.17 as follows:

10 (50 ILCS 705/6.2)

11 Sec. 6.2. Officer professional conduct database. In order

12 to ensure the continuing effectiveness of this Section, it is

13 set forth in full and reenacted by this amendatory Act of the

14 102nd General Assembly. This reenactment is intended as a

15 continuation of this Section. This reenactment is not intended

16 to supersede any amendment to this Section that may be made by

17 any other Public Act of the 102nd General Assembly.

18 (a) All law enforcement agencies shall notify the Board of

19 any final determination of willful violation of department or

20 agency policy, official misconduct, or violation of law when:

21 (1) the officer is discharged or dismissed as a result

22 of the violation; or

23 (2) the officer resigns during the course of an

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1 investigation and after the officer has been served notice

2 that he or she is under investigation that is based on the

3 commission of a Class 2 or greater ~~any~~ felony ~~or sex~~

4 ~~offense~~.

5 The agency shall report to the Board within 30 days of a

6 final decision of discharge or dismissal and final exhaustion

7 of any appeal, or resignation, and shall provide information

8 regarding the nature of the violation.

9 (b) Upon receiving notification from a law enforcement

10 agency, the Board must notify the law enforcement officer of

11 the report and his or her right to provide a statement

12 regarding the reported violation.

13 (c) The Board shall maintain a database readily available

14 to any chief administrative officer, or his or her designee,

15 of a law enforcement agency ~~or any State's Attorney~~ that shall

16 show each reported instance, including the name of the

17 officer, the nature of the violation, reason for the final

18 decision of discharge or dismissal, and any statement provided

19 by the officer.

20 (Source: P.A. 101-652, eff. 7-1-21. Repealed by P.A. 101-652,

21 Article 25, Section 25-45, eff. 1-1-22; 102-694, eff. 1-7-22.

22 Reenacted and changed by 102-694, eff. 1-7-22.)

23 (50 ILCS 705/10.17)

24 Sec. 10.17. Crisis intervention team training; mental

25 health awareness training.

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1 (a) The Illinois Law Enforcement Training Standards Board

2 shall develop and approve a standard curriculum for certified

3 training programs in crisis intervention~~, including a~~

4 ~~specialty certification course of at least 40 hours,~~

5 addressing specialized policing responses to people with

6 mental illnesses. The Board shall conduct Crisis Intervention

7 Team (CIT) training programs that train officers to identify

8 signs and symptoms of mental illness, to de-escalate

9 situations involving individuals who appear to have a mental

10 illness, and connect that person in crisis to treatment.

11 ~~Crisis Intervention Team (CIT) training programs shall be a~~

12 ~~collaboration between law enforcement professionals, mental~~

13 ~~health providers, families, and consumer advocates and must~~

14 ~~minimally include the following components: (1) basic~~

15 ~~information about mental illnesses and how to recognize them;~~

16 ~~(2) information about mental health laws and resources; (3)~~

17 ~~learning from family members of individuals with mental~~

18 ~~illness and their experiences; and (4) verbal de-escalation~~

19 ~~training and role-plays.~~ Officers who have successfully

20 completed this program shall be issued a certificate attesting

21 to their attendance of a Crisis Intervention Team (CIT)

22 training program.

23 (b) The Board shall create an introductory course

24 incorporating adult learning models that provides law

25 enforcement officers with an awareness of mental health issues

26 including a history of the mental health system, types of

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1 mental health illness including signs and symptoms of mental

2 illness and common treatments and medications, and the

3 potential interactions law enforcement officers may have on a

4 regular basis with these individuals, their families, and

5 service providers including de-escalating a potential crisis

6 situation. This course, in addition to other traditional

7 learning settings, may be made available in an electronic

8 format.

9 The amendatory changes to this Section made by Public Act

10 101-652 shall take effect January 1, 2022.

11 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)

12 (50 ILCS 705/10.6 rep.)

13 Section 105. The Illinois Police Training Act is amended

14 by repealing Section 10.6.

15 Section 110. The Law Enforcement Officer-Worn Body Camera

16 Act is amended by changing Sections 10-10, 10-15, 10-20, and

17 10-25 as follows:

18 (50 ILCS 706/10-10)

19 Sec. 10-10. Definitions. As used in this Act:

20 "Badge" means an officer's department issued

21 identification number associated with his or her position as a

22 police officer with that department.

23 "Board" means the Illinois Law Enforcement Training

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1 Standards Board created by the Illinois Police Training Act.

2 "Business offense" means a petty offense for which the

3 fine is in excess of $1,000.

4 "Community caretaking function" means a task undertaken by

5 a law enforcement officer in which the officer is performing

6 an articulable act unrelated to the investigation of a crime.

7 "Community caretaking function" includes, but is not limited

8 to, participating in town halls or other community outreach,

9 helping a child find his or her parents, providing death

10 notifications, and performing in-home or hospital well-being

11 checks on the sick, elderly, or persons presumed missing.

12 ~~"Community caretaking function" excludes law~~

13 ~~enforcement-related encounters or activities.~~

14 "Fund" means the Law Enforcement Camera Grant Fund.

15 "In uniform" means a law enforcement officer who is

16 wearing any officially authorized uniform designated by a law

17 enforcement agency, or a law enforcement officer who is

18 visibly wearing articles of clothing, a badge, tactical gear,

19 gun belt, a patch, or other insignia that he or she is a law

20 enforcement officer acting in the course of his or her duties.

21 "Law enforcement officer" or "officer" means any person

22 employed by a State, county, municipality, special district,

23 college, unit of government, or any other entity authorized by

24 law to employ peace officers or exercise police authority and

25 who is primarily responsible for the prevention or detection

26 of crime and the enforcement of the laws of this State.

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1 "Law enforcement agency" means all State agencies with law

2 enforcement officers, county sheriff's offices, municipal,

3 special district, college, or unit of local government police

4 departments.

5 "Law enforcement-related encounters or activities"

6 include, but are not limited to, traffic stops, pedestrian

7 stops, arrests, searches, interrogations, investigations,

8 pursuits, crowd control, traffic control, non-community

9 caretaking interactions with an individual while on patrol, or

10 any other instance in which the officer is enforcing the laws

11 of the municipality, county, or State. "Law

12 enforcement-related encounter or activities" does not include

13 when the officer is completing paperwork alone~~, is~~

14 ~~participating in training in a classroom setting,~~ or ~~is~~ only

15 in the presence of another law enforcement officer.

16 "Minor traffic offense" means a petty offense, business

17 offense, or Class C misdemeanor under the Illinois Vehicle

18 Code or a similar provision of a municipal or local ordinance.

19 "Officer-worn body camera" means an electronic camera

20 system for creating, generating, sending, receiving, storing,

21 displaying, and processing audiovisual recordings that may be

22 worn about the person of a law enforcement officer.

23 "Peace officer" has the meaning provided in Section 2-13

24 of the Criminal Code of 2012.

25 "Petty offense" means any offense for which a sentence of

26 imprisonment is not an authorized disposition.

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1 "Recording" means the process of capturing data or

2 information stored on a recording medium as required under

3 this Act.

4 "Recording medium" means any recording medium authorized

5 by the Board for the retention and playback of recorded audio

6 and video including, but not limited to, VHS, DVD, hard drive,

7 cloud storage, solid state, digital, flash memory technology,

8 or any other electronic medium.

9 (Source: P.A. 102-1104, eff. 12-6-22.)

10 (50 ILCS 706/10-15)

11 Sec. 10-15. Applicability. Any law enforcement agency

12 which employs the use of officer-worn body cameras is subject

13 to the provisions of this Act, whether or not the agency

14 receives or has received monies from the Law Enforcement

15 Camera Grant Fund. ~~(a) All law enforcement agencies must~~

16 ~~employ the use of officer-worn body cameras in accordance with~~

17 ~~the provisions of this Act, whether or not the agency receives~~

18 ~~or has received monies from the Law Enforcement Camera Grant~~

19 ~~Fund.~~

20 ~~(b) Except as provided in subsection (b-5), all law~~

21 ~~enforcement agencies must implement the use of body cameras~~

22 ~~for all law enforcement officers, according to the following~~

23 ~~schedule:~~

24 ~~(1) for municipalities and counties with populations~~

25 ~~of 500,000 or more, body cameras shall be implemented by~~

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1 ~~January 1, 2022;~~

2 ~~(2) for municipalities and counties with populations~~

3 ~~of 100,000 or more but under 500,000, body cameras shall~~

4 ~~be implemented by January 1, 2023;~~

5 ~~(3) for municipalities and counties with populations~~

6 ~~of 50,000 or more but under 100,000, body cameras shall be~~

7 ~~implemented by January 1, 2024;~~

8 ~~(4) for municipalities and counties under 50,000, body~~

9 ~~cameras shall be implemented by January 1, 2025; and~~

10 ~~(5) for all State agencies with law enforcement~~

11 ~~officers and other remaining law enforcement agencies,~~

12 ~~body cameras shall be implemented by January 1, 2025.~~

13 ~~(b-5) If a law enforcement agency that serves a~~

14 ~~municipality with a population of at least 100,000 but not~~

15 ~~more than 500,000 or a law enforcement agency that serves a~~

16 ~~county with a population of at least 100,000 but not more than~~

17 ~~500,000 has ordered by October 1, 2022 or purchased by that~~

18 ~~date officer-worn body cameras for use by the law enforcement~~

19 ~~agency, then the law enforcement agency may implement the use~~

20 ~~of body cameras for all of its law enforcement officers by no~~

21 ~~later than July 1, 2023. Records of purchase within this~~

22 ~~timeline shall be submitted to the Illinois Law Enforcement~~

23 ~~Training Standards Board by January 1, 2023.~~

24 ~~(c) A law enforcement agency's compliance with the~~

25 ~~requirements under this Section shall receive preference by~~

26 ~~the Illinois Law Enforcement Training Standards Board in~~

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1 ~~awarding grant funding under the Law Enforcement Camera Grant~~

2 ~~Act.~~

3 ~~(d) This Section does not apply to court security~~

4 ~~officers, State's Attorney investigators, and Attorney General~~

5 ~~investigators.~~

6 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;

7 102-1104, eff. 12-6-22.)

8 (50 ILCS 706/10-20)

9 Sec. 10-20. Requirements.

10 (a) The Board shall develop basic guidelines for the use

11 of officer-worn body cameras by law enforcement agencies. The

12 guidelines developed by the Board shall be the basis for the

13 written policy which must be adopted by each law enforcement

14 agency which employs the use of officer-worn body cameras. The

15 written policy adopted by the law enforcement agency must

16 include, at a minimum, all of the following:

17 (1) Cameras must be equipped with pre-event recording,

18 capable of recording at least the 30 seconds prior to

19 camera activation, unless the officer-worn body camera was

20 purchased and acquired by the law enforcement agency prior

21 to July 1, 2015.

22 (2) Cameras must be capable of recording for a period

23 of 10 hours or more, unless the officer-worn body camera

24 was purchased and acquired by the law enforcement agency

25 prior to July 1, 2015.

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1 (3) Cameras must be turned on at all times when the

2 officer is in uniform and is responding to calls for

3 service or engaged in any law enforcement-related

4 encounter or activity~~,~~ that occurs while the officer is on

5 duty.

6 (A) If exigent circumstances exist which prevent

7 the camera from being turned on, the camera must be

8 turned on as soon as practicable.

9 (B) Officer-worn body cameras may be turned off

10 when the officer is inside of a patrol car which is

11 equipped with a functioning in-car camera; however,

12 the officer must turn on the camera upon exiting the

13 patrol vehicle for law enforcement-related encounters.

14 ~~(C) Officer-worn body cameras may be turned off~~

15 ~~when the officer is inside a correctional facility or~~

16 ~~courthouse which is equipped with a functioning camera~~

17 ~~system.~~

18 (4) Cameras must be turned off when:

19 (A) the victim of a crime requests that the camera

20 be turned off, and unless impractical or impossible,

21 that request is made on the recording;

22 (B) a witness of a crime or a community member who

23 wishes to report a crime requests that the camera be

24 turned off, and unless impractical or impossible that

25 request is made on the recording;

26 (C) the officer is interacting with a confidential

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1 informant used by the law enforcement agency; or

2 (D) an officer of the Department of Revenue enters

3 a Department of Revenue facility or conducts an

4 interview during which return information will be

5 discussed or visible.

6 However, an officer may continue to record or resume

7 recording a victim or a witness, if exigent circumstances

8 exist, or if the officer has reasonable articulable

9 suspicion that a victim or witness, or confidential

10 informant has committed or is in the process of committing

11 a crime. Under these circumstances, and unless impractical

12 or impossible, the officer must indicate on the recording

13 the reason for continuing to record despite the request of

14 the victim or witness.

15 (4.5) Cameras may be turned off when the officer is

16 engaged in community caretaking functions. However, the

17 camera must be turned on when the officer has reason to

18 believe that the person on whose behalf the officer is

19 performing a community caretaking function has committed

20 or is in the process of committing a crime. If exigent

21 circumstances exist which prevent the camera from being

22 turned on, the camera must be turned on as soon as

23 practicable.

24 (5) The officer must provide notice of recording to

25 any person if the person has a reasonable expectation of

26 privacy and proof of notice must be evident in the

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1 recording. If exigent circumstances exist which prevent

2 the officer from providing notice, notice must be provided

3 as soon as practicable.

4 (6) ~~(A)~~ For the purposes of redaction, labeling, or

5 duplicating recordings, access to camera recordings shall

6 be restricted to only those personnel responsible for

7 those purposes. The recording officer or his or her

8 supervisor may not redact, label, duplicate~~,~~ or otherwise

9 alter the recording officer's camera recordings. Except as

10 otherwise provided in this Section, the recording officer

11 and his or her supervisor may access and review recordings

12 prior to completing incident reports or other

13 documentation, provided that the officer or his or her

14 supervisor discloses that fact in the report or

15 documentation.

16 (i) A law enforcement officer shall not have

17 access to or review his or her body-worn camera

18 recordings or the body-worn camera recordings of

19 another officer prior to completing incident reports

20 or other documentation when the officer:

21 (a) has been involved in or is a witness to an

22 officer-involved shooting, use of deadly force

23 incident, or use of force incidents resulting in

24 great bodily harm;

25 (b) is ordered to write a report in response

26 to or during the investigation of a misconduct

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1 complaint against the officer.

2 (ii) If the officer subject to subparagraph (i)

3 prepares a report, any report shall be prepared

4 without viewing body-worn camera recordings, and

5 subject to supervisor's approval, officers may file

6 amendatory reports after viewing body-worn camera

7 recordings. Supplemental reports under this provision

8 shall also contain documentation regarding access to

9 the video footage.

10 ~~(B) The recording officer's assigned field~~

11 ~~training officer may access and review recordings for~~

12 ~~training purposes. Any detective or investigator~~

13 ~~directly involved in the investigation of a matter may~~

14 ~~access and review recordings which pertain to that~~

15 ~~investigation but may not have access to delete or~~

16 ~~alter such recordings.~~

17 (7) Recordings made on officer-worn cameras must be

18 retained by the law enforcement agency or by the camera

19 vendor used by the agency, on a recording medium for a

20 period of 90 days.

21 (A) Under no circumstances shall any recording,

22 except for a non-law enforcement related activity or

23 encounter, made with an officer-worn body camera be

24 altered, erased, or destroyed prior to the expiration

25 of the 90-day storage period. In the event any

26 recording made with an officer-worn body camera is

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1 altered, erased, or destroyed prior to the expiration

2 of the 90-day storage period, the law enforcement

3 agency shall maintain, for a period of one year, a

4 written record including (i) the name of the

5 individual who made such alteration, erasure, or

6 destruction, and (ii) the reason for any such

7 alteration, erasure, or destruction.

8 (B) Following the 90-day storage period, any and

9 all recordings made with an officer-worn body camera

10 must be destroyed, unless any encounter captured on

11 the recording has been flagged. An encounter is deemed

12 to be flagged when:

13 (i) a formal or informal complaint has been

14 filed;

15 (ii) the officer discharged his or her firearm

16 or used force during the encounter;

17 (iii) death or great bodily harm occurred to

18 any person in the recording;

19 (iv) the encounter resulted in a detention or

20 an arrest, excluding traffic stops which resulted

21 in only a minor traffic offense or business

22 offense;

23 (v) the officer is the subject of an internal

24 investigation or otherwise being investigated for

25 possible misconduct;

26 (vi) the supervisor of the officer,

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1 prosecutor, defendant, or court determines that

2 the encounter has evidentiary value in a criminal

3 prosecution; or

4 (vii) the recording officer requests that the

5 video be flagged for official purposes related to

6 his or her official duties ~~or believes it may have~~

7 ~~evidentiary value in a criminal prosecution~~.

8 (C) Under no circumstances shall any recording

9 made with an officer-worn body camera relating to a

10 flagged encounter be altered or destroyed prior to 2

11 years after the recording was flagged. If the flagged

12 recording was used in a criminal, civil, or

13 administrative proceeding, the recording shall not be

14 destroyed except upon a final disposition and order

15 from the court.

16 ~~(D) Nothing in this Act prohibits law enforcement~~

17 ~~agencies from labeling officer-worn body camera video~~

18 ~~within the recording medium; provided that the~~

19 ~~labeling does not alter the actual recording of the~~

20 ~~incident captured on the officer-worn body camera. The~~

21 ~~labels, titles, and tags shall not be construed as~~

22 ~~altering the officer-worn body camera video in any~~

23 ~~way.~~

24 (8) Following the 90-day storage period, recordings

25 may be retained if a supervisor at the law enforcement

26 agency designates the recording for training purposes. If

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1 the recording is designated for training purposes, the

2 recordings may be viewed by officers, in the presence of a

3 supervisor or training instructor, for the purposes of

4 instruction, training, or ensuring compliance with agency

5 policies.

6 (9) Recordings shall not be used to discipline law

7 enforcement officers unless:

8 (A) a formal or informal complaint of misconduct

9 has been made;

10 (B) a use of force incident has occurred;

11 (C) the encounter on the recording could result in

12 a formal investigation under the Uniform Peace

13 Officers' Disciplinary Act; or

14 (D) as corroboration of other evidence of

15 misconduct.

16 Nothing in this paragraph (9) shall be construed to

17 limit or prohibit a law enforcement officer from being

18 subject to an action that does not amount to discipline.

19 (10) The law enforcement agency shall ensure proper

20 care and maintenance of officer-worn body cameras. Upon

21 becoming aware, officers must as soon as practical

22 document and notify the appropriate supervisor of any

23 technical difficulties, failures, or problems with the

24 officer-worn body camera or associated equipment. Upon

25 receiving notice, the appropriate supervisor shall make

26 every reasonable effort to correct and repair any of the

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1 officer-worn body camera equipment.

2 (11) No officer may hinder or prohibit any person, not

3 a law enforcement officer, from recording a law

4 enforcement officer in the performance of his or her

5 duties in a public place or when the officer has no

6 reasonable expectation of privacy. The law enforcement

7 agency's written policy shall indicate the potential

8 criminal penalties, as well as any departmental

9 discipline, which may result from unlawful confiscation or

10 destruction of the recording medium of a person who is not

11 a law enforcement officer. However, an officer may take

12 reasonable action to maintain safety and control, secure

13 crime scenes and accident sites, protect the integrity and

14 confidentiality of investigations, and protect the public

15 safety and order.

16 (b) Recordings made with the use of an officer-worn body

17 camera are not subject to disclosure under the Freedom of

18 Information Act, except that:

19 (1) if the subject of the encounter has a reasonable

20 expectation of privacy, at the time of the recording, any

21 recording which is flagged, due to the filing of a

22 complaint, discharge of a firearm, use of force, arrest or

23 detention, or resulting death or bodily harm, shall be

24 disclosed in accordance with the Freedom of Information

25 Act if:

26 (A) the subject of the encounter captured on the

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1 recording is a victim or witness; and

2 (B) the law enforcement agency obtains written

3 permission of the subject or the subject's legal

4 representative;

5 (2) except as provided in paragraph (1) of this

6 subsection (b), any recording which is flagged due to the

7 filing of a complaint, discharge of a firearm, use of

8 force, arrest or detention, or resulting death or bodily

9 harm shall be disclosed in accordance with the Freedom of

10 Information Act; and

11 (3) upon request, the law enforcement agency shall

12 disclose, in accordance with the Freedom of Information

13 Act, the recording to the subject of the encounter

14 captured on the recording or to the subject's attorney, or

15 the officer or his or her legal representative.

16 For the purposes of paragraph (1) of this subsection (b),

17 the subject of the encounter does not have a reasonable

18 expectation of privacy if the subject was arrested as a result

19 of the encounter. For purposes of subparagraph (A) of

20 paragraph (1) of this subsection (b), "witness" does not

21 include a person who is a victim or who was arrested as a

22 result of the encounter.

23 Only recordings or portions of recordings responsive to

24 the request shall be available for inspection or reproduction.

25 Any recording disclosed under the Freedom of Information Act

26 shall be redacted to remove identification of any person that

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1 appears on the recording and is not the officer, a subject of

2 the encounter, or directly involved in the encounter. Nothing

3 in this subsection (b) shall require the disclosure of any

4 recording or portion of any recording which would be exempt

5 from disclosure under the Freedom of Information Act.

6 (c) Nothing in this Section shall limit access to a camera

7 recording for the purposes of complying with Supreme Court

8 rules or the rules of evidence.

9 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;

10 102-687, eff. 12-17-21; 102-694, eff. 1-7-22; 102-1104, eff.

11 12-6-22.)

12 (50 ILCS 706/10-25)

13 Sec. 10-25. Reporting.

14 (a) Each law enforcement agency which employs the use of

15 officer-worn body cameras must provide an annual report ~~on the~~

16 ~~use of officer-worn body cameras~~ to the Board, on or before May

17 1 of the year. The report shall include:

18 (1) a brief overview of the makeup of the agency,

19 including the number of officers utilizing officer-worn

20 body cameras;

21 (2) the number of officer-worn body cameras utilized

22 by the law enforcement agency;

23 (3) any technical issues with the equipment and how

24 those issues were remedied;

25 (4) a brief description of the review process used by

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1 supervisors within the law enforcement agency;

2 (5) (blank); ~~and~~

3 (5.1) for each recording used in prosecutions of

4 conservation, criminal, or traffic offenses or municipal

5 ordinance violations:

6 (A) the time, date, location, and precinct of the

7 incident; and

8 (B) the offense charged and the date charges were

9 filed; and

10 (6) any other information relevant to the

11 administration of the program.

12 (b) On or before July 30 of each year, the Board must

13 analyze the law enforcement agency reports and provide an

14 annual report to the General Assembly and the Governor.

15 (Source: P.A. 101-652, eff. 7-1-21; 102-1104, eff. 12-6-22.)

16 Section 115. The Law Enforcement Camera Grant Act is

17 amended by changing Section 10 as follows:

18 (50 ILCS 707/10)

19 Sec. 10. Law Enforcement Camera Grant Fund; creation,

20 rules.

21 (a) The Law Enforcement Camera Grant Fund is created as a

22 special fund in the State treasury. From appropriations to the

23 Board from the Fund, the Board must make grants to units of

24 local government in Illinois and Illinois public universities

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1 for the purpose of (1) purchasing in-car video cameras for use

2 in law enforcement vehicles, (2) purchasing officer-worn body

3 cameras and associated technology for law enforcement

4 officers, and (3) training for law enforcement officers in the

5 operation of the cameras. ~~Grants under this Section may be~~

6 ~~used to offset data storage costs for officer-worn body~~

7 ~~cameras.~~

8 Moneys received for the purposes of this Section,

9 including, without limitation, fee receipts and gifts, grants,

10 and awards from any public or private entity, must be

11 deposited into the Fund. Any interest earned on moneys in the

12 Fund must be deposited into the Fund.

13 (b) The Board may set requirements for the distribution of

14 grant moneys and determine which law enforcement agencies are

15 eligible.

16 (b-5) The Board shall consider compliance with the Uniform

17 Crime Reporting Act as a factor in awarding grant moneys.

18 (c) (Blank).

19 (d) (Blank).

20 (e) (Blank).

21 (f) (Blank).

22 (g) (Blank).

23 (h) (Blank).

24 (Source: P.A. 102-16, eff. 6-17-21; 102-1104, eff. 12-6-22.)

25 Section 120. The Uniform Crime Reporting Act is amended by

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1 changing Sections 5-10, 5-12, and 5-20 as follows:

2 (50 ILCS 709/5-10)

3 Sec. 5-10. Central repository of crime statistics. The

4 Illinois State Police shall be a central repository and

5 custodian of crime statistics for the State and shall have all

6 the power necessary to carry out the purposes of this Act,

7 including the power to demand and receive cooperation in the

8 submission of crime statistics from all law enforcement

9 agencies. All data and information provided to the Illinois

10 State Police under this Act must be provided in a manner and

11 form prescribed by the Illinois State Police. On an annual

12 basis, the Illinois State Police shall make available

13 compilations of crime statistics ~~and monthly reporting~~

14 required to be reported by each law enforcement agency.

15 (Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;

16 102-813, eff. 5-13-22.)

17 (50 ILCS 709/5-12)

18 Sec. 5-12. Monthly reporting. All law enforcement agencies

19 shall submit to the Illinois State Police on a monthly basis

20 the following:

21 (1) beginning January 1, 2016, a report on any

22 arrest-related death that shall include information

23 regarding the deceased, the officer, any weapon used by

24 the officer or the deceased, and the circumstances of the

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1 incident. The Illinois State Police shall submit on a

2 quarterly basis all information collected under this

3 paragraph (1) to the Illinois Criminal Justice Information

4 Authority, contingent upon updated federal guidelines

5 regarding the Uniform Crime Reporting Program;

6 (2) beginning January 1, 2017, a report on any

7 instance when a law enforcement officer discharges his or

8 her firearm causing a non-fatal injury to a person, during

9 the performance of his or her official duties or in the

10 line of duty;

11 (3) a report of incident-based information on hate

12 crimes including information describing the offense,

13 location of the offense, type of victim, offender, and

14 bias motivation. If no hate crime incidents occurred

15 during a reporting month, the law enforcement agency must

16 submit a no incident record, as required by the Illinois

17 State Police;

18 (4) a report on any incident of an alleged commission

19 of a domestic crime, that shall include information

20 regarding the victim, offender, date and time of the

21 incident, any injury inflicted, any weapons involved in

22 the commission of the offense, and the relationship

23 between the victim and the offender;

24 (5) data on an index of offenses selected by the

25 Illinois State Police based on the seriousness of the

26 offense, frequency of occurrence of the offense, and

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1 likelihood of being reported to law enforcement. The data

2 shall include the number of index crime offenses committed

3 and number of associated arrests; and

4 (6) data on offenses and incidents reported by schools

5 to local law enforcement. The data shall include offenses

6 defined as an attack against school personnel,

7 intimidation offenses, drug incidents, and incidents

8 involving weapons. ~~;~~

9 ~~(7) beginning on July 1, 2021, a report on incidents~~

10 ~~where a law enforcement officer was dispatched to deal~~

11 ~~with a person experiencing a mental health crisis or~~

12 ~~incident. The report shall include the number of~~

13 ~~incidents, the level of law enforcement response and the~~

14 ~~outcome of each incident. For purposes of this Section, a~~

15 ~~"mental health crisis" is when a person's behavior puts~~

16 ~~them at risk of hurting themselves or others or prevents~~

17 ~~them from being able to care for themselves;~~

18 ~~(8) beginning on July 1, 2021, a report on use of~~

19 ~~force, including any action that resulted in the death or~~

20 ~~serious bodily injury of a person or the discharge of a~~

21 ~~firearm at or in the direction of a person. The report~~

22 ~~shall include information required by the Illinois State~~

23 ~~Police, pursuant to Section 5-11 of this Act.~~

24 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;

25 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

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1 (50 ILCS 709/5-20)

2 Sec. 5-20. Reporting compliance. The Illinois State Police

3 shall annually report to the Illinois Law Enforcement Training

4 Standards Board ~~and the Department of Revenue~~ any law

5 enforcement agency not in compliance with the reporting

6 requirements under this Act. A law enforcement agency's

7 compliance with the reporting requirements under this Act

8 shall be a factor considered by the Illinois Law Enforcement

9 Training Standards Board in awarding grant funding under the

10 Law Enforcement Camera Grant Act~~, with preference to law~~

11 ~~enforcement agencies which are in compliance with reporting~~

12 ~~requirements under this Act~~.

13 (Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;

14 102-813, eff. 5-13-22.)

15 (50 ILCS 709/5-11 rep.)

16 Section 125. The Uniform Crime Reporting Act is amended by

17 repealing Section 5-11.

18 Section 130. The Uniform Peace Officers' Disciplinary Act

19 is amended by changing Sections 3.2, 3.4, and 3.8 as follows:

20 (50 ILCS 725/3.2) (from Ch. 85, par. 2555)

21 Sec. 3.2. No officer shall be subjected to interrogation

22 without first being informed in writing of the nature of the

23 investigation. If an administrative proceeding is instituted,

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1 the officer shall be informed beforehand of the names of all

2 complainants. The information shall be sufficient as to

3 reasonably apprise the officer of the nature of the

4 investigation.

5 (Source: P.A. 101-652, eff. 7-1-21.)

6 (50 ILCS 725/3.4) (from Ch. 85, par. 2557)

7 Sec. 3.4. The officer under investigation shall be

8 informed in writing of the name, rank and unit or command of

9 the officer in charge of the investigation, the interrogators,

10 and all persons who will be present on the behalf of the

11 employer during any interrogation except at a public

12 administrative proceeding. The officer under investigation

13 shall inform the employer of any person who will be present on

14 his or her behalf during any interrogation except at a public

15 administrative hearing.

16 (Source: P.A. 101-652, eff. 7-1-21.)

17 (50 ILCS 725/3.8) (from Ch. 85, par. 2561)

18 Sec. 3.8. Admissions; counsel; verified complaint.

19 (a) No officer shall be interrogated without first being

20 advised in writing that admissions made in the course of the

21 interrogation may be used as evidence of misconduct or as the

22 basis for charges seeking suspension, removal, or discharge;

23 and without first being advised in writing that he or she has

24 the right to counsel of his or her choosing who may be present

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1 to advise him or her at any stage of any interrogation.

2 (b) Anyone ~~It shall not be a requirement for a person~~

3 filing a complaint against a sworn peace officer must ~~to~~ have

4 the complaint supported by a sworn affidavit. Any complaint,

5 having been supported by a sworn affidavit, and having been

6 found, in total or in part, to contain knowingly false

7 material information, shall be presented to the appropriate

8 State's Attorney for a determination of prosecution. ~~or any~~

9 ~~other legal documentation. This ban on an affidavit~~

10 ~~requirement shall apply to any collective bargaining~~

11 ~~agreements entered after the effective date of this provision.~~

12 (Source: P.A. 101-652, eff. 7-1-21.)

13 Section 140. The Uniform Peace Officers' Disciplinary Act

14 is amended by adding Section 6.1 as follows:

15 (50 ILCS 725/6.1 new)

16 Sec. 6.1. Applicability. Except as otherwise provided in

17 this Act, the provisions of this Act apply only to the extent

18 there is no collective bargaining agreement currently in

19 effect dealing with the subject matter of this Act.

20 (50 ILCS 727/1-35 rep.)

21 Section 145. The Police and Community Relations

22 Improvement Act is amended by repealing Section 1-35.

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1 Section 150. The Counties Code is amended by changing

2 Sections 4-5001, 4-12001, and 4-12001.1 as follows:

3 (55 ILCS 5/4-5001) (from Ch. 34, par. 4-5001)

4 Sec. 4-5001. Sheriffs; counties of first and second class.

5 The fees of sheriffs in counties of the first and second class,

6 except when increased by county ordinance under this Section,

7 shall be as follows:

8 For serving or attempting to serve summons on each

9 defendant in each county, $10.

10 For serving or attempting to serve an order or judgment

11 granting injunctive relief in each county, $10.

12 For serving or attempting to serve each garnishee in each

13 county, $10.

14 For serving or attempting to serve an order for replevin

15 in each county, $10.

16 For serving or attempting to serve an order for attachment

17 on each defendant in each county, $10.

18 For serving or attempting to serve a warrant of arrest,

19 $8, to be paid upon conviction.

20 For returning a defendant from outside the State of

21 Illinois, upon conviction, the court shall assess, as court

22 costs, the cost of returning a defendant to the jurisdiction.

23 For taking special bail, $1 in each county.

24 For serving or attempting to serve a subpoena on each

25 witness, in each county, $10.

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1 For advertising property for sale, $5.

2 For returning each process, in each county, $5.

3 Mileage for each mile of necessary travel to serve any

4 such process as Stated above, calculating from the place of

5 holding court to the place of residence of the defendant, or

6 witness, 50� each way.

7 For summoning each juror, $3 with 30� mileage each way in

8 all counties.

9 For serving or attempting to serve notice of judgments or

10 levying to enforce a judgment, $3 with 50� mileage each way in

11 all counties.

12 For taking possession of and removing property levied on,

13 the officer shall be allowed to tax the actual cost of such

14 possession or removal.

15 For feeding each prisoner, such compensation to cover the

16 actual cost as may be fixed by the county board, but such

17 compensation shall not be considered a part of the fees of the

18 office.

19 For attending before a court with prisoner, on an order

20 for habeas corpus, in each county, $10 per day.

21 For attending before a court with a prisoner in any

22 criminal proceeding, in each county, $10 per day.

23 For each mile of necessary travel in taking such prisoner

24 before the court as stated above, 15� a mile each way.

25 For serving or attempting to serve an order or judgment

26 for the possession of real estate in an action of ejectment or

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1 in any other action, or for restitution in an eviction action

2 without aid, $10 and when aid is necessary, the sheriff shall

3 be allowed to tax in addition the actual costs thereof, and for

4 each mile of necessary travel, 50� each way.

5 For executing and acknowledging a deed of sale of real

6 estate, in counties of first class, $4; second class, $4.

7 For preparing, executing and acknowledging a deed on

8 redemption from a court sale of real estate in counties of

9 first class, $5; second class, $5.

10 For making certificates of sale, and making and filing

11 duplicate, in counties of first class, $3; in counties of the

12 second class, $3.

13 For making certificate of redemption, $3.

14 For certificate of levy and filing, $3, and the fee for

15 recording shall be advanced by the judgment creditor and

16 charged as costs.

17 For taking all ~~civil~~ bonds on legal process, civil and

18 criminal, in counties of first class, $1; in second class, $1.

19 For executing copies in criminal cases, $4 and mileage for

20 each mile of necessary travel, 20� each way.

21 For executing requisitions from other states, $5.

22 For conveying each prisoner from the prisoner's own county

23 to the jail of another county, or from another county to the

24 jail of the prisoner's county, per mile, for going, only, 30�.

25 For conveying persons to the penitentiary, reformatories,

26 Illinois State Training School for Boys, Illinois State

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1 Training School for Girls and Reception Centers, the following

2 fees, payable out of the State treasury. For each person who is

3 conveyed, 35� per mile in going only to the penitentiary,

4 reformatory, Illinois State Training School for Boys, Illinois

5 State Training School for Girls and Reception Centers, from

6 the place of conviction.

7 The fees provided for transporting persons to the

8 penitentiary, reformatories, Illinois State Training School

9 for Boys, Illinois State Training School for Girls and

10 Reception Centers shall be paid for each trip so made. Mileage

11 as used in this Section means the shortest practical route,

12 between the place from which the person is to be transported,

13 to the penitentiary, reformatories, Illinois State Training

14 School for Boys, Illinois State Training School for Girls and

15 Reception Centers and all fees per mile shall be computed on

16 such basis.

17 For conveying any person to or from any of the charitable

18 institutions of the State, when properly committed by

19 competent authority, when one person is conveyed, 35� per

20 mile; when two persons are conveyed at the same time, 35� per

21 mile for the first person and 20� per mile for the second

22 person; and 10� per mile for each additional person.

23 For conveying a person from the penitentiary to the county

24 jail when required by law, 35� per mile.

25 For attending Supreme Court, $10 per day.

26 In addition to the above fees there shall be allowed to the

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1 sheriff a fee of $600 for the sale of real estate which is made

2 by virtue of any judgment of a court, except that in the case

3 of a sale of unimproved real estate which sells for $10,000 or

4 less, the fee shall be $150. In addition to this fee and all

5 other fees provided by this Section, there shall be allowed to

6 the sheriff a fee in accordance with the following schedule

7 for the sale of personal estate which is made by virtue of any

8 judgment of a court:

9 For judgments up to $1,000, $75;

10 For judgments from $1,001 to $15,000, $150;

11 For judgments over $15,000, $300.

12 The foregoing fees allowed by this Section are the maximum

13 fees that may be collected from any officer, agency,

14 department or other instrumentality of the State. The county

15 board may, however, by ordinance, increase the fees allowed by

16 this Section and collect those increased fees from all persons

17 and entities other than officers, agencies, departments and

18 other instrumentalities of the State if the increase is

19 justified by an acceptable cost study showing that the fees

20 allowed by this Section are not sufficient to cover the costs

21 of providing the service. A statement of the costs of

22 providing each service, program and activity shall be prepared

23 by the county board. All supporting documents shall be public

24 records and subject to public examination and audit. All

25 direct and indirect costs, as defined in the United States

26 Office of Management and Budget Circular A-87, may be included

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1 in the determination of the costs of each service, program and

2 activity.

3 In all cases where the judgment is settled by the parties,

4 replevied, stopped by injunction or paid, or where the

5 property levied upon is not actually sold, the sheriff shall

6 be allowed his fee for levying and mileage, together with half

7 the fee for all money collected by him which he would be

8 entitled to if the same was made by sale to enforce the

9 judgment. In no case shall the fee exceed the amount of money

10 arising from the sale.

11 The fee requirements of this Section do not apply to

12 police departments or other law enforcement agencies. For the

13 purposes of this Section, "law enforcement agency" means an

14 agency of the State or unit of local government which is vested

15 by law or ordinance with the duty to maintain public order and

16 to enforce criminal laws.

17 (Source: P.A. 100-173, eff. 1-1-18; 100-863, eff. 8-14-18;

18 101-652, eff. 1-1-23.)

19 (55 ILCS 5/4-12001) (from Ch. 34, par. 4-12001)

20 Sec. 4-12001. Fees of sheriff in third class counties. The

21 officers herein named, in counties of the third class, shall

22 be entitled to receive the fees herein specified, for the

23 services mentioned and such other fees as may be provided by

24 law for such other services not herein designated.

25 Fees for Sheriff

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1 For serving or attempting to serve any summons on each

2 defendant, $35.

3 For serving or attempting to serve each alias summons or

4 other process mileage will be charged as hereinafter provided

5 when the address for service differs from the address for

6 service on the original summons or other process.

7 For serving or attempting to serve all other process, on

8 each defendant, $35.

9 For serving or attempting to serve a subpoena on each

10 witness, $35.

11 For serving or attempting to serve each warrant, $35.

12 For serving or attempting to serve each garnishee, $35.

13 For summoning each juror, $10.

14 For serving or attempting to serve each order or judgment

15 for replevin, $35.

16 For serving or attempting to serve an order for

17 attachment, on each defendant, $35.

18 For serving or attempting to serve an order or judgment

19 for the possession of real estate in an action of ejectment or

20 in any other action, or for restitution in an eviction action,

21 without aid, $35, and when aid is necessary, the sheriff shall

22 be allowed to tax in addition the actual costs thereof.

23 For serving or attempting to serve notice of judgment,

24 $35.

25 For levying to satisfy an order in an action for

26 attachment, $25.

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1 For executing order of court to seize personal property,

2 $25.

3 For making certificate of levy on real estate and filing

4 or recording same, $8, and the fee for filing or recording

5 shall be advanced by the plaintiff in attachment or by the

6 judgment creditor and taxed as costs. For taking possession of

7 or removing property levied on, the sheriff shall be allowed

8 to tax the necessary actual costs of such possession or

9 removal.

10 For advertising property for sale, $20.

11 For making certificate of sale and making and filing

12 duplicate for record, $15, and the fee for recording same

13 shall be advanced by the judgment creditor and taxed as costs.

14 For preparing, executing and acknowledging deed on

15 redemption from a court sale of real estate, $15; for

16 preparing, executing and acknowledging all other deeds on sale

17 of real estate, $10.

18 For making and filing certificate of redemption, $15, and

19 the fee for recording same shall be advanced by party making

20 the redemption and taxed as costs.

21 For making and filing certificate of redemption from a

22 court sale, $11, and the fee for recording same shall be

23 advanced by the party making the redemption and taxed as

24 costs.

25 For taking all bonds on legal process, $10.

26 For taking special bail, $5.

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1 For returning each process, $15.

2 Mileage for service or attempted service of all process is

3 a $10 flat fee.

4 For attending before a court with a prisoner on an order

5 for habeas corpus, $9 per day.

6 For executing requisitions from other States, $13.

7 For conveying each prisoner from the prisoner's county to

8 the jail of another county, per mile for going only, 25�.

9 For committing to or discharging each prisoner from jail,

10 $3.

11 For feeding each prisoner, such compensation to cover

12 actual costs as may be fixed by the county board, but such

13 compensation shall not be considered a part of the fees of the

14 office.

15 For committing each prisoner to jail under the laws of the

16 United States, to be paid by the marshal or other person

17 requiring his confinement, $3.

18 For feeding such prisoners per day, $3, to be paid by the

19 marshal or other person requiring the prisoner's confinement.

20 For discharging such prisoners, $3.

21 For conveying persons to the penitentiary, reformatories,

22 Illinois State Training School for Boys, Illinois State

23 Training School for Girls, Reception Centers and Illinois

24 Security Hospital, the following fees, payable out of the

25 State Treasury. When one person is conveyed, 20� per mile in

26 going to the penitentiary, reformatories, Illinois State

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1 Training School for Boys, Illinois State Training School for

2 Girls, Reception Centers and Illinois Security Hospital from

3 the place of conviction; when 2 persons are conveyed at the

4 same time, 20� per mile for the first and 15� per mile for the

5 second person; when more than 2 persons are conveyed at the

6 same time as Stated above, the sheriff shall be allowed 20� per

7 mile for the first, 15� per mile for the second and 10� per

8 mile for each additional person.

9 The fees provided for herein for transporting persons to

10 the penitentiary, reformatories, Illinois State Training

11 School for Boys, Illinois State Training School for Girls,

12 Reception Centers and Illinois Security Hospital, shall be

13 paid for each trip so made. Mileage as used in this Section

14 means the shortest route on a hard surfaced road, (either

15 State Bond Issue Route or Federal highways) or railroad,

16 whichever is shorter, between the place from which the person

17 is to be transported, to the penitentiary, reformatories,

18 Illinois State Training School for Boys, Illinois State

19 Training School for Girls, Reception Centers and Illinois

20 Security Hospital, and all fees per mile shall be computed on

21 such basis.

22 In addition to the above fees, there shall be allowed to

23 the sheriff a fee of $900 for the sale of real estate which

24 shall be made by virtue of any judgment of a court. In addition

25 to this fee and all other fees provided by this Section, there

26 shall be allowed to the sheriff a fee in accordance with the

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1 following schedule for the sale of personal estate which is

2 made by virtue of any judgment of a court:

3 For judgments up to $1,000, $100;

4 For judgments over $1,000 to $15,000, $300;

5 For judgments over $15,000, $500.

6 In all cases where the judgment is settled by the parties,

7 replevied, stopped by injunction or paid, or where the

8 property levied upon is not actually sold, the sheriff shall

9 be allowed the fee for levying and mileage, together with half

10 the fee for all money collected by him or her which he or she

11 would be entitled to if the same were made by sale in the

12 enforcement of a judgment. In no case shall the fee exceed the

13 amount of money arising from the sale.

14 The fee requirements of this Section do not apply to

15 police departments or other law enforcement agencies. For the

16 purposes of this Section, "law enforcement agency" means an

17 agency of the State or unit of local government which is vested

18 by law or ordinance with the duty to maintain public order and

19 to enforce criminal laws or ordinances.

20 The fee requirements of this Section do not apply to units

21 of local government or school districts.

22 (Source: P.A. 100-173, eff. 1-1-18; 101-652, eff. 1-1-23.)

23 (55 ILCS 5/4-12001.1) (from Ch. 34, par. 4-12001.1)

24 Sec. 4-12001.1. Fees of sheriff in third class counties;

25 local governments and school districts. The officers herein

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1 named, in counties of the third class, shall be entitled to

2 receive the fees herein specified from all units of local

3 government and school districts, for the services mentioned

4 and such other fees as may be provided by law for such other

5 services not herein designated.

6 Fees for Sheriff

7 For serving or attempting to serve any summons on each

8 defendant, $25.

9 For serving or attempting to serve each alias summons or

10 other process mileage will be charged as hereinafter provided

11 when the address for service differs from the address for

12 service on the original summons or other process.

13 For serving or attempting to serve all other process, on

14 each defendant, $25.

15 For serving or attempting to serve a subpoena on each

16 witness, $25.

17 For serving or attempting to serve each warrant, $25.

18 For serving or attempting to serve each garnishee, $25.

19 For summoning each juror, $4.

20 For serving or attempting to serve each order or judgment

21 for replevin, $25.

22 For serving or attempting to serve an order for

23 attachment, on each defendant, $25.

24 For serving or attempting to serve an order or judgment

25 for the possession of real estate in an action of ejectment or

26 in any other action, or for restitution in an eviction action,

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1 without aid, $9, and when aid is necessary, the sheriff shall

2 be allowed to tax in addition the actual costs thereof.

3 For serving or attempting to serve notice of judgment,

4 $25.

5 For levying to satisfy an order in an action for

6 attachment, $25.

7 For executing order of court to seize personal property,

8 $25.

9 For making certificate of levy on real estate and filing

10 or recording same, $3, and the fee for filing or recording

11 shall be advanced by the plaintiff in attachment or by the

12 judgment creditor and taxed as costs. For taking possession of

13 or removing property levied on, the sheriff shall be allowed

14 to tax the necessary actual costs of such possession or

15 removal.

16 For advertising property for sale, $3.

17 For making certificate of sale and making and filing

18 duplicate for record, $3, and the fee for recording same shall

19 be advanced by the judgment creditor and taxed as costs.

20 For preparing, executing and acknowledging deed on

21 redemption from a court sale of real estate, $6; for

22 preparing, executing and acknowledging all other deeds on sale

23 of real estate, $4.

24 For making and filing certificate of redemption, $3.50,

25 and the fee for recording same shall be advanced by party

26 making the redemption and taxed as costs.

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1 For making and filing certificate of redemption from a

2 court sale, $4.50, and the fee for recording same shall be

3 advanced by the party making the redemption and taxed as

4 costs.

5 For taking all bonds on legal process, $2.

6 For taking special bail, $2.

7 For returning each process, $5.

8 Mileage for service or attempted service of all process is

9 a $10 flat fee.

10 For attending before a court with a prisoner on an order

11 for habeas corpus, $3.50 per day.

12 For executing requisitions from other States, $5.

13 For conveying each prisoner from the prisoner's county to

14 the jail of another county, per mile for going only, 25�.

15 For committing to or discharging each prisoner from jail,

16 $1.

17 For feeding each prisoner, such compensation to cover

18 actual costs as may be fixed by the county board, but such

19 compensation shall not be considered a part of the fees of the

20 office.

21 For committing each prisoner to jail under the laws of the

22 United States, to be paid by the marshal or other person

23 requiring his confinement, $1.

24 For feeding such prisoners per day, $1, to be paid by the

25 marshal or other person requiring the prisoner's confinement.

26 For discharging such prisoners, $1.

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1 For conveying persons to the penitentiary, reformatories,

2 Illinois State Training School for Boys, Illinois State

3 Training School for Girls, Reception Centers and Illinois

4 Security Hospital, the following fees, payable out of the

5 State Treasury. When one person is conveyed, 15� per mile in

6 going to the penitentiary, reformatories, Illinois State

7 Training School for Boys, Illinois State Training School for

8 Girls, Reception Centers and Illinois Security Hospital from

9 the place of conviction; when 2 persons are conveyed at the

10 same time, 15� per mile for the first and 10� per mile for the

11 second person; when more than 2 persons are conveyed at the

12 same time as stated above, the sheriff shall be allowed 15� per

13 mile for the first, 10� per mile for the second and 5� per mile

14 for each additional person.

15 The fees provided for herein for transporting persons to

16 the penitentiary, reformatories, Illinois State Training

17 School for Boys, Illinois State Training School for Girls,

18 Reception Centers and Illinois Security Hospital, shall be

19 paid for each trip so made. Mileage as used in this Section

20 means the shortest route on a hard surfaced road, (either

21 State Bond Issue Route or Federal highways) or railroad,

22 whichever is shorter, between the place from which the person

23 is to be transported, to the penitentiary, reformatories,

24 Illinois State Training School for Boys, Illinois State

25 Training School for Girls, Reception Centers and Illinois

26 Security Hospital, and all fees per mile shall be computed on

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1 such basis.

2 In addition to the above fees, there shall be allowed to

3 the sheriff a fee of $600 for the sale of real estate which

4 shall be made by virtue of any judgment of a court. In addition

5 to this fee and all other fees provided by this Section, there

6 shall be allowed to the sheriff a fee in accordance with the

7 following schedule for the sale of personal estate which is

8 made by virtue of any judgment of a court:

9 For judgments up to $1,000, $90;

10 For judgments over $1,000 to $15,000, $275;

11 For judgments over $15,000, $400.

12 In all cases where the judgment is settled by the parties,

13 replevied, stopped by injunction or paid, or where the

14 property levied upon is not actually sold, the sheriff shall

15 be allowed the fee for levying and mileage, together with half

16 the fee for all money collected by him or her which he or she

17 would be entitled to if the same were made by sale in the

18 enforcement of a judgment. In no case shall the fee exceed the

19 amount of money arising from the sale.

20 All fees collected under Sections 4-12001 and 4-12001.1

21 must be used for public safety purposes only.

22 (Source: P.A. 100-173, eff. 1-1-18; 101-652, eff. 1-1-23.)

23 (55 ILCS 5/3-4014 rep.)

24 (55 ILCS 5/3-6041 rep.)

25 Section 155. The Counties Code is amended by repealing

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1 Sections 3-4014 and 3-6041.

2 (65 ILCS 5/11-5.1-2 rep.)

3 Section 160. The Illinois Municipal Code is amended by

4 repealing Section 11-5.1-2.

5 Section 165. The Illinois Municipal Code is amended by

6 adding Section 1-2-12.2 as follows:

7 (65 ILCS 5/1-2-12.2 new)

8 Sec. 1-2-12.2. Municipal bond fees. A municipality may

9 impose a fee up to $20 for bail processing against any person

10 arrested for violating a bailable municipal ordinance or a

11 State or federal law.

12 Section 170. The Campus Security Enhancement Act of 2008

13 is amended by changing Section 15 as follows:

14 (110 ILCS 12/15)

15 Sec. 15. Arrest reports.

16 (a) When an individual is arrested, the following

17 information must be made available to the news media for

18 inspection and copying:

19 (1) Information that identifies the individual,

20 including the name, age, address, and photograph, when and

21 if available.

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1 (2) Information detailing any charges relating to the

2 arrest.

3 (3) The time and location of the arrest.

4 (4) The name of the investigating or arresting law

5 enforcement agency.

6 (5) (Blank).

7 (5.1) If the individual is incarcerated, the amount of

8 any bail or bond.

9 (6) If the individual is incarcerated, the time and

10 date that the individual was received, discharged, or

11 transferred from the arresting agency's custody.

12 (b) The information required by this Section must be made

13 available to the news media for inspection and copying as soon

14 as practicable, but in no event shall the time period exceed 72

15 hours from the arrest. The information described in paragraphs

16 (3), (4), (5), and (6) of subsection (a), however, may be

17 withheld if it is determined that disclosure would:

18 (1) interfere with pending or actually and reasonably

19 contemplated law enforcement proceedings conducted by any

20 law enforcement or correctional agency;

21 (2) endanger the life or physical safety of law

22 enforcement or correctional personnel or any other person;

23 or

24 (3) compromise the security of any correctional

25 facility.

26 (c) For the purposes of this Section the term "news media"

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1 means personnel of a newspaper or other periodical issued at

2 regular intervals whether in print or electronic format, a

3 news service whether in print or electronic format, a radio

4 station, a television station, a television network, a

5 community antenna television service, or a person or

6 corporation engaged in making news reels or other motion

7 picture news for public showing.

8 (d) Each law enforcement or correctional agency may charge

9 fees for arrest records, but in no instance may the fee exceed

10 the actual cost of copying and reproduction. The fees may not

11 include the cost of the labor used to reproduce the arrest

12 record.

13 (e) The provisions of this Section do not supersede the

14 confidentiality provisions for arrest records of the Juvenile

15 Court Act of 1987.

16 (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

17 Section 180. The Illinois Insurance Code is amended by

18 changing Sections 143.19, 143.19.1, and 205 as follows:

19 (215 ILCS 5/143.19) (from Ch. 73, par. 755.19)

20 Sec. 143.19. Cancellation of automobile insurance policy;

21 grounds. After a policy of automobile insurance as defined in

22 Section 143.13(a) has been effective for 60 days, or if such

23 policy is a renewal policy, the insurer shall not exercise its

24 option to cancel such policy except for one or more of the

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1 following reasons:

2 a. Nonpayment of premium;

3 b. The policy was obtained through a material

4 misrepresentation;

5 c. Any insured violated any of the terms and

6 conditions of the policy;

7 d. The named insured failed to disclose fully his

8 motor vehicle crashes and moving traffic violations for

9 the preceding 36 months if called for in the application;

10 e. Any insured made a false or fraudulent claim or

11 knowingly aided or abetted another in the presentation of

12 such a claim;

13 f. The named insured or any other operator who either

14 resides in the same household or customarily operates an

15 automobile insured under such policy:

16 1. has, within the 12 months prior to the notice of

17 cancellation, had his driver's license under

18 suspension or revocation;

19 2. is or becomes subject to epilepsy or heart

20 attacks, and such individual does not produce a

21 certificate from a physician testifying to his

22 unqualified ability to operate a motor vehicle safely;

23 3. has a crash record, conviction record (criminal

24 or traffic), physical, or mental condition which is

25 such that his operation of an automobile might

26 endanger the public safety;

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1 4. has, within the 36 months prior to the notice of

2 cancellation, been addicted to the use of narcotics or

3 other drugs; or

4 5. has been convicted, or forfeited bail ~~had~~

5 ~~pretrial release revoked~~, during the 36 months

6 immediately preceding the notice of cancellation, for

7 any felony, criminal negligence resulting in death,

8 homicide or assault arising out of the operation of a

9 motor vehicle, operating a motor vehicle while in an

10 intoxicated condition or while under the influence of

11 drugs, being intoxicated while in, or about, an

12 automobile or while having custody of an automobile,

13 leaving the scene of a crash without stopping to

14 report, theft or unlawful taking of a motor vehicle,

15 making false statements in an application for an

16 operator's or chauffeur's license or has been

17 convicted or forfeited bail ~~pretrial release has been~~

18 ~~revoked~~ for 3 or more violations within the 12 months

19 immediately preceding the notice of cancellation, of

20 any law, ordinance, or regulation limiting the speed

21 of motor vehicles or any of the provisions of the motor

22 vehicle laws of any state, violation of which

23 constitutes a misdemeanor, whether or not the

24 violations were repetitions of the same offense or

25 different offenses;

26 g. The insured automobile is:

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1 1. so mechanically defective that its operation

2 might endanger public safety;

3 2. used in carrying passengers for hire or

4 compensation (the use of an automobile for a car pool

5 shall not be considered use of an automobile for hire

6 or compensation);

7 3. used in the business of transportation of

8 flammables or explosives;

9 4. an authorized emergency vehicle;

10 5. changed in shape or condition during the policy

11 period so as to increase the risk substantially; or

12 6. subject to an inspection law and has not been

13 inspected or, if inspected, has failed to qualify.

14 Nothing in this Section shall apply to nonrenewal.

15 (Source: P.A. 101-652, eff. 1-1-23; 102-982, eff. 7-1-23;

16 102-1104, eff. 1-1-23.)

17 (215 ILCS 5/143.19.1) (from Ch. 73, par. 755.19.1)

18 Sec. 143.19.1. Limits on exercise of right of nonrenewal.

19 After a policy of automobile insurance, as defined in Section

20 143.13, has been effective or renewed for 5 or more years, the

21 company shall not exercise its right of non-renewal unless:

22 a. The policy was obtained through a material

23 misrepresentation; or

24 b. Any insured violated any of the terms and

25 conditions of the policy; or

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LRB103 35722 RLC 65802 b

1 c. The named insured failed to disclose fully his

2 motor vehicle crashes and moving traffic violations for

3 the preceding 36 months, if such information is called for

4 in the application; or

5 d. Any insured made a false or fraudulent claim or

6 knowingly aided or abetted another in the presentation of

7 such a claim; or

8 e. The named insured or any other operator who either

9 resides in the same household or customarily operates an

10 automobile insured under such a policy:

11 1. Has, within the 12 months prior to the notice of

12 non-renewal had his driver's ~~drivers~~ license under

13 suspension or revocation; or

14 2. Is or becomes subject to epilepsy or heart

15 attacks, and such individual does not produce a

16 certificate from a physician testifying to his

17 unqualified ability to operate a motor vehicle safely;

18 or

19 3. Has a crash record, conviction record (criminal

20 or traffic), or a physical or mental condition which

21 is such that his operation of an automobile might

22 endanger the public safety; or

23 4. Has, within the 36 months prior to the notice of

24 non-renewal, been addicted to the use of narcotics or

25 other drugs; or

26 5. Has been convicted or forfeited bail ~~pretrial~~

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1 ~~release has been revoked~~, during the 36 months

2 immediately preceding the notice of non-renewal, for

3 any felony, criminal negligence resulting in death,

4 homicide or assault arising out of the operation of a

5 motor vehicle, operating a motor vehicle while in an

6 intoxicated condition or while under the influence of

7 drugs, being intoxicated while in or about an

8 automobile or while having custody of an automobile,

9 leaving the scene of a crash without stopping to

10 report, theft or unlawful taking of a motor vehicle,

11 making false statements in an application for an

12 operators or chauffeurs license, or has been convicted

13 or forfeited bail ~~pretrial release has been revoked~~

14 for 3 or more violations within the 12 months

15 immediately preceding the notice of non-renewal, of

16 any law, ordinance or regulation limiting the speed of

17 motor vehicles or any of the provisions of the motor

18 vehicle laws of any state, violation of which

19 constitutes a misdemeanor, whether or not the

20 violations were repetitions of the same offense or

21 different offenses; or

22 f. The insured automobile is:

23 1. So mechanically defective that its operation

24 might endanger public safety; or

25 2. Used in carrying passengers for hire or

26 compensation (the use of an automobile for a car pool

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1 shall not be considered use of an automobile for hire

2 or compensation); or

3 3. Used in the business of transportation of

4 flammables or explosives; or

5 4. An authorized emergency vehicle; or

6 5. Changed in shape or condition during the policy

7 period so as to increase the risk substantially; or

8 6. Subject to an inspection law and it has not been

9 inspected or, if inspected, has failed to qualify; or

10 g. The notice of the intention not to renew is mailed

11 to the insured at least 60 days before the date of

12 nonrenewal as provided in Section 143.17.

13 (Source: P.A. 101-652, eff. 1-1-23; 102-982, eff. 7-1-23.)

14 (215 ILCS 5/205) (from Ch. 73, par. 817)

15 Sec. 205. Priority of distribution of general assets.

16 (1) The priorities of distribution of general assets from

17 the company's estate is to be as follows:

18 (a) The costs and expenses of administration,

19 including, but not limited to, the following:

20 (i) The reasonable expenses of the Illinois

21 Insurance Guaranty Fund, the Illinois Life and Health

22 Insurance Guaranty Association, and the Illinois

23 Health Maintenance Organization Guaranty Association

24 and of any similar organization in any other state,

25 including overhead, salaries, and other general

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1 administrative expenses allocable to the receivership

2 (administrative and claims handling expenses and

3 expenses in connection with arrangements for ongoing

4 coverage), but excluding expenses incurred in the

5 performance of duties under Section 547 or similar

6 duties under the statute governing a similar

7 organization in another state. For property and

8 casualty insurance guaranty associations that guaranty

9 certain obligations of any member company as defined

10 by Section 534.5, expenses shall include, but not be

11 limited to, loss adjustment expenses, which shall

12 include adjusting and other expenses and defense and

13 cost containment expenses. The expenses of such

14 property and casualty guaranty associations, including

15 the Illinois Insurance Guaranty Fund, shall be

16 reimbursed as prescribed by Section 545, but shall be

17 subordinate to all other costs and expenses of

18 administration, including the expenses reimbursed

19 pursuant to subparagraph (ii) of this paragraph (a).

20 (ii) The expenses expressly approved or ratified

21 by the Director as liquidator or rehabilitator,

22 including, but not limited to, the following:

23 (1) the actual and necessary costs of

24 preserving or recovering the property of the

25 insurer;

26 (2) reasonable compensation for all services

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1 rendered on behalf of the administrative

2 supervisor or receiver;

3 (3) any necessary filing fees;

4 (4) the fees and mileage payable to witnesses;

5 (5) unsecured loans obtained by the receiver;

6 and

7 (6) expenses approved by the conservator or

8 rehabilitator of the insurer, if any, incurred in the

9 course of the conservation or rehabilitation that are

10 unpaid at the time of the entry of the order of

11 liquidation.

12 Any unsecured loan falling under item (5) of

13 subparagraph (ii) of this paragraph (a) shall have

14 priority over all other costs and expenses of

15 administration, unless the lender agrees otherwise. Absent

16 agreement to the contrary, all other costs and expenses of

17 administration shall be shared on a pro-rata basis, except

18 for the expenses of property and casualty guaranty

19 associations, which shall have a lower priority pursuant

20 to subparagraph (i) of this paragraph (a).

21 (b) Secured claims, including claims for taxes and

22 debts due the federal or any state or local government,

23 that are secured by liens perfected prior to the filing of

24 the complaint.

25 (c) Claims for wages actually owing to employees for

26 services rendered within 3 months prior to the date of the

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1 filing of the complaint, not exceeding $1,000 to each

2 employee unless there are claims due the federal

3 government under paragraph (f), then the claims for wages

4 shall have a priority of distribution immediately

5 following that of federal claims under paragraph (f) and

6 immediately preceding claims of general creditors under

7 paragraph (g).

8 (d) Claims by policyholders, beneficiaries, and

9 insureds, under insurance policies, annuity contracts, and

10 funding agreements, liability claims against insureds

11 covered under insurance policies and insurance contracts

12 issued by the company, claims of obligees (and, subject to

13 the discretion of the receiver, completion contractors)

14 under surety bonds and surety undertakings (not to include

15 bail bonds, mortgage or financial guaranty, or other forms

16 of insurance offering protection against investment risk),

17 claims by principals under surety bonds and surety

18 undertakings for wrongful dissipation of collateral by the

19 insurer or its agents, and claims incurred during any

20 extension of coverage provided under subsection (5) of

21 Section 193, and claims of the Illinois Insurance Guaranty

22 Fund, the Illinois Life and Health Insurance Guaranty

23 Association, the Illinois Health Maintenance Organization

24 Guaranty Association, and any similar organization in

25 another state as prescribed in Section 545. For purposes

26 of this Section, "funding agreement" means an agreement

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1 whereby an insurer authorized to write business under

2 Class 1 of Section 4 of this Code may accept and accumulate

3 funds and make one or more payments at future dates in

4 amounts that are not based upon mortality or morbidity

5 contingencies.

6 (e) Claims by policyholders, beneficiaries, and

7 insureds, the allowed values of which were determined by

8 estimation under paragraph (b) of subsection (4) of

9 Section 209.

10 (f) Any other claims due the federal government.

11 (g) All other claims of general creditors not falling

12 within any other priority under this Section including

13 claims for taxes and debts due any state or local

14 government which are not secured claims and claims for

15 attorneys' fees incurred by the company in contesting its

16 conservation, rehabilitation, or liquidation.

17 (h) Claims of guaranty fund certificate holders,

18 guaranty capital shareholders, capital note holders, and

19 surplus note holders.

20 (i) Proprietary claims of shareholders, members, or

21 other owners.

22 Every claim under a written agreement, statute, or rule

23 providing that the assets in a separate account are not

24 chargeable with the liabilities arising out of any other

25 business of the insurer shall be satisfied out of the funded

26 assets in the separate account equal to, but not to exceed, the

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1 reserves maintained in the separate account under the separate

2 account agreement, and to the extent, if any, the claim is not

3 fully discharged thereby, the remainder of the claim shall be

4 treated as a priority level (d) claim under paragraph (d) of

5 this subsection to the extent that reserves have been

6 established in the insurer's general account pursuant to

7 statute, rule, or the separate account agreement.

8 For purposes of this provision, "separate account

9 policies, contracts, or agreements" means any policies,

10 contracts, or agreements that provide for separate accounts as

11 contemplated by Section 245.21.

12 To the extent that any assets of an insurer, other than

13 those assets properly allocated to and maintained in a

14 separate account, have been used to fund or pay any expenses,

15 taxes, or policyholder benefits that are attributable to a

16 separate account policy, contract, or agreement that should

17 have been paid by a separate account prior to the commencement

18 of receivership proceedings, then upon the commencement of

19 receivership proceedings, the separate accounts that benefited

20 from this payment or funding shall first be used to repay or

21 reimburse the company's general assets or account for any

22 unreimbursed net sums due at the commencement of receivership

23 proceedings prior to the application of the separate account

24 assets to the satisfaction of liabilities or the corresponding

25 separate account policies, contracts, and agreements.

26 To the extent, if any, reserves or assets maintained in

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1 the separate account are in excess of the amounts needed to

2 satisfy claims under the separate account contracts, the

3 excess shall be treated as part of the general assets of the

4 insurer's estate.

5 (2) Within 120 days after the issuance of an Order of

6 Liquidation with a finding of insolvency against a domestic

7 company, the Director shall make application to the court

8 requesting authority to disburse funds to the Illinois

9 Insurance Guaranty Fund, the Illinois Life and Health

10 Insurance Guaranty Association, the Illinois Health

11 Maintenance Organization Guaranty Association, and similar

12 organizations in other states from time to time out of the

13 company's marshaled assets as funds become available in

14 amounts equal to disbursements made by the Illinois Insurance

15 Guaranty Fund, the Illinois Life and Health Insurance Guaranty

16 Association, the Illinois Health Maintenance Organization

17 Guaranty Association, and similar organizations in other

18 states for covered claims obligations on the presentation of

19 evidence that such disbursements have been made by the

20 Illinois Insurance Guaranty Fund, the Illinois Life and Health

21 Insurance Guaranty Association, the Illinois Health

22 Maintenance Organization Guaranty Association, and similar

23 organizations in other states.

24 The Director shall establish procedures for the ratable

25 allocation and distribution of disbursements to the Illinois

26 Insurance Guaranty Fund, the Illinois Life and Health

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1 Insurance Guaranty Association, the Illinois Health

2 Maintenance Organization Guaranty Association, and similar

3 organizations in other states. In determining the amounts

4 available for disbursement, the Director shall reserve

5 sufficient assets for the payment of the expenses of

6 administration described in paragraph (1)(a) of this Section.

7 All funds available for disbursement after the establishment

8 of the prescribed reserve shall be promptly distributed. As a

9 condition to receipt of funds in reimbursement of covered

10 claims obligations, the Director shall secure from the

11 Illinois Insurance Guaranty Fund, the Illinois Life and Health

12 Insurance Guaranty Association, the Illinois Health

13 Maintenance Organization Guaranty Association, and each

14 similar organization in other states, an agreement to return

15 to the Director on demand funds previously received as may be

16 required to pay claims of secured creditors and claims falling

17 within the priorities established in paragraphs (a), (b), (c),

18 and (d) of subsection (1) of this Section in accordance with

19 such priorities.

20 (3) The changes made in this Section by this amendatory

21 Act of the 100th General Assembly apply to all liquidation,

22 rehabilitation, or conservation proceedings that are pending

23 on the effective date of this amendatory Act of the 100th

24 General Assembly and to all future liquidation,

25 rehabilitation, or conservation proceedings.

26 (4) The provisions of this Section are severable under

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1 Section 1.31 of the Statute on Statutes.

2 (Source: P.A. 100-410, eff. 8-25-17; 101-652, eff. 1-1-23.)

3 Section 185. The Illinois Gambling Act is amended by

4 changing Section 5.1 as follows:

5 (230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)

6 Sec. 5.1. Disclosure of records.

7 (a) Notwithstanding any applicable statutory provision to

8 the contrary, the Board shall, on written request from any

9 person, provide information furnished by an applicant or

10 licensee concerning the applicant or licensee, his products,

11 services or gambling enterprises and his business holdings, as

12 follows:

13 (1) The name, business address and business telephone

14 number of any applicant or licensee.

15 (2) An identification of any applicant or licensee

16 including, if an applicant or licensee is not an

17 individual, the names and addresses of all stockholders

18 and directors, if the entity is a corporation; the names

19 and addresses of all members, if the entity is a limited

20 liability company; the names and addresses of all

21 partners, both general and limited, if the entity is a

22 partnership; and the names and addresses of all

23 beneficiaries, if the entity is a trust. If an applicant

24 or licensee has a pending registration statement filed

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1 with the Securities and Exchange Commission, only the

2 names of those persons or entities holding interest of 5%

3 or more must be provided.

4 (3) An identification of any business, including, if

5 applicable, the state of incorporation or registration, in

6 which an applicant or licensee or an applicant's or

7 licensee's spouse or children has an equity interest of

8 more than 1%. If an applicant or licensee is a

9 corporation, partnership or other business entity, the

10 applicant or licensee shall identify any other

11 corporation, partnership or business entity in which it

12 has an equity interest of 1% or more, including, if

13 applicable, the state of incorporation or registration.

14 This information need not be provided by a corporation,

15 partnership or other business entity that has a pending

16 registration statement filed with the Securities and

17 Exchange Commission.

18 (4) Whether an applicant or licensee has been

19 indicted, convicted, pleaded guilty or nolo contendere, or

20 forfeited bail ~~pretrial release has been revoked~~

21 concerning any criminal offense under the laws of any

22 jurisdiction, either felony or misdemeanor (except for

23 traffic violations), including the date, the name and

24 location of the court, arresting agency and prosecuting

25 agency, the case number, the offense, the disposition and

26 the location and length of incarceration.

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1 (5) Whether an applicant or licensee has had any

2 license or certificate issued by a licensing authority in

3 Illinois or any other jurisdiction denied, restricted,

4 suspended, revoked or not renewed and a statement

5 describing the facts and circumstances concerning the

6 denial, restriction, suspension, revocation or

7 non-renewal, including the licensing authority, the date

8 each such action was taken, and the reason for each such

9 action.

10 (6) Whether an applicant or licensee has ever filed or

11 had filed against it a proceeding in bankruptcy or has

12 ever been involved in any formal process to adjust, defer,

13 suspend or otherwise work out the payment of any debt

14 including the date of filing, the name and location of the

15 court, the case and number of the disposition.

16 (7) Whether an applicant or licensee has filed, or

17 been served with a complaint or other notice filed with

18 any public body, regarding the delinquency in the payment

19 of, or a dispute over the filings concerning the payment

20 of, any tax required under federal, State or local law,

21 including the amount, type of tax, the taxing agency and

22 time periods involved.

23 (8) A statement listing the names and titles of all

24 public officials or officers of any unit of government,

25 and relatives of said public officials or officers who,

26 directly or indirectly, own any financial interest in,

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1 have any beneficial interest in, are the creditors of or

2 hold any debt instrument issued by, or hold or have any

3 interest in any contractual or service relationship with,

4 an applicant or licensee.

5 (9) Whether an applicant or licensee has made,

6 directly or indirectly, any political contribution, or any

7 loans, donations or other payments, to any candidate or

8 office holder, within 5 years from the date of filing the

9 application, including the amount and the method of

10 payment.

11 (10) The name and business telephone number of the

12 counsel representing an applicant or licensee in matters

13 before the Board.

14 (11) A description of any proposed or approved

15 gambling operation, including the type of boat, home dock,

16 or casino or gaming location, expected economic benefit to

17 the community, anticipated or actual number of employees,

18 any statement from an applicant or licensee regarding

19 compliance with federal and State affirmative action

20 guidelines, projected or actual admissions and projected

21 or actual adjusted gross gaming receipts.

22 (12) A description of the product or service to be

23 supplied by an applicant for a supplier's license.

24 (b) Notwithstanding any applicable statutory provision to

25 the contrary, the Board shall, on written request from any

26 person, also provide the following information:

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1 (1) The amount of the wagering tax and admission tax

2 paid daily to the State of Illinois by the holder of an

3 owner's license.

4 (2) Whenever the Board finds an applicant for an

5 owner's license unsuitable for licensing, a copy of the

6 written letter outlining the reasons for the denial.

7 (3) Whenever the Board has refused to grant leave for

8 an applicant to withdraw his application, a copy of the

9 letter outlining the reasons for the refusal.

10 (c) Subject to the above provisions, the Board shall not

11 disclose any information which would be barred by:

12 (1) Section 7 of the Freedom of Information Act; or

13 (2) The statutes, rules, regulations or

14 intergovernmental agreements of any jurisdiction.

15 (d) The Board may assess fees for the copying of

16 information in accordance with Section 6 of the Freedom of

17 Information Act.

18 (Source: P.A. 101-31, eff. 6-28-19; 101-652, eff. 1-1-23.)

19 Section 190. The Sexual Assault Survivors Emergency

20 Treatment Act is amended by changing Section 7.5 as follows:

21 (410 ILCS 70/7.5)

22 Sec. 7.5. Prohibition on billing sexual assault survivors

23 directly for certain services; written notice; billing

24 protocols.

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1 (a) A hospital, approved pediatric health care facility,

2 health care professional, ambulance provider, laboratory, or

3 pharmacy furnishing medical forensic services, transportation,

4 follow-up healthcare, or medication to a sexual assault

5 survivor shall not:

6 (1) charge or submit a bill for any portion of the

7 costs of the services, transportation, or medications to

8 the sexual assault survivor, including any insurance

9 deductible, co-pay, co-insurance, denial of claim by an

10 insurer, spenddown, or any other out-of-pocket expense;

11 (2) communicate with, harass, or intimidate the sexual

12 assault survivor for payment of services, including, but

13 not limited to, repeatedly calling or writing to the

14 sexual assault survivor and threatening to refer the

15 matter to a debt collection agency or to an attorney for

16 collection, enforcement, or filing of other process;

17 (3) refer a bill to a collection agency or attorney

18 for collection action against the sexual assault survivor;

19 (4) contact or distribute information to affect the

20 sexual assault survivor's credit rating; or

21 (5) take any other action adverse to the sexual

22 assault survivor or his or her family on account of

23 providing services to the sexual assault survivor.

24 (a-5) Notwithstanding any other provision of law,

25 including, but not limited to, subsection (a), a sexual

26 assault survivor who is not the subscriber or primary

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1 policyholder of the sexual assault survivor's insurance policy

2 may opt out of billing the sexual assault survivor's private

3 insurance provider. If the sexual assault survivor opts out of

4 billing the sexual assault survivor's private insurance

5 provider, then the bill for medical forensic services shall be

6 sent to the Department of Healthcare and Family Services'

7 Sexual Assault Emergency Treatment Program for reimbursement

8 for the services provided to the sexual assault survivor.

9 (b) Nothing in this Section precludes a hospital, health

10 care provider, ambulance provider, laboratory, or pharmacy

11 from billing the sexual assault survivor or any applicable

12 health insurance or coverage for inpatient services.

13 (c) Every hospital and approved pediatric health care

14 facility providing treatment services to sexual assault

15 survivors in accordance with a plan approved under Section 2

16 of this Act shall provide a written notice to a sexual assault

17 survivor. The written notice must include, but is not limited

18 to, the following:

19 (1) a statement that the sexual assault survivor

20 should not be directly billed by any ambulance provider

21 providing transportation services, or by any hospital,

22 approved pediatric health care facility, health care

23 professional, laboratory, or pharmacy for the services the

24 sexual assault survivor received as an outpatient at the

25 hospital or approved pediatric health care facility;

26 (2) a statement that a sexual assault survivor who is

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1 admitted to a hospital may be billed for inpatient

2 services provided by a hospital, health care professional,

3 laboratory, or pharmacy;

4 (3) a statement that prior to leaving the hospital or

5 approved pediatric health care facility, the hospital or

6 approved pediatric health care facility will give the

7 sexual assault survivor a sexual assault services voucher

8 for follow-up healthcare if the sexual assault survivor is

9 eligible to receive a sexual assault services voucher;

10 (4) the definition of "follow-up healthcare" as set

11 forth in Section 1a of this Act;

12 (5) a phone number the sexual assault survivor may

13 call should the sexual assault survivor receive a bill

14 from the hospital or approved pediatric health care

15 facility for medical forensic services;

16 (6) the toll-free phone number of the Office of the

17 Illinois Attorney General, Crime Victim Services Division,

18 which the sexual assault survivor may call should the

19 sexual assault survivor receive a bill from an ambulance

20 provider, approved pediatric health care facility, a

21 health care professional, a laboratory, or a pharmacy.

22 This subsection (c) shall not apply to hospitals that

23 provide transfer services as defined under Section 1a of this

24 Act.

25 (d) Within 60 days after the effective date of this

26 amendatory Act of the 99th General Assembly, every health care

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1 professional, except for those employed by a hospital or

2 hospital affiliate, as defined in the Hospital Licensing Act,

3 or those employed by a hospital operated under the University

4 of Illinois Hospital Act, who bills separately for medical or

5 forensic services must develop a billing protocol that ensures

6 that no survivor of sexual assault will be sent a bill for any

7 medical forensic services and submit the billing protocol to

8 the Crime Victim Services Division of the Office of the

9 Attorney General for approval. Within 60 days after the

10 commencement of the provision of medical forensic services,

11 every health care professional, except for those employed by a

12 hospital or hospital affiliate, as defined in the Hospital

13 Licensing Act, or those employed by a hospital operated under

14 the University of Illinois Hospital Act, who bills separately

15 for medical or forensic services must develop a billing

16 protocol that ensures that no survivor of sexual assault is

17 sent a bill for any medical forensic services and submit the

18 billing protocol to the Crime Victim Services Division of the

19 Office of the Attorney General for approval. Health care

20 professionals who bill as a legal entity may submit a single

21 billing protocol for the billing entity.

22 Within 60 days after the Department's approval of a

23 treatment plan, an approved pediatric health care facility and

24 any health care professional employed by an approved pediatric

25 health care facility must develop a billing protocol that

26 ensures that no survivor of sexual assault is sent a bill for

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1 any medical forensic services and submit the billing protocol

2 to the Crime Victim Services Division of the Office of the

3 Attorney General for approval.

4 The billing protocol must include at a minimum:

5 (1) a description of training for persons who prepare

6 bills for medical and forensic services;

7 (2) a written acknowledgement signed by a person who

8 has completed the training that the person will not bill

9 survivors of sexual assault;

10 (3) prohibitions on submitting any bill for any

11 portion of medical forensic services provided to a

12 survivor of sexual assault to a collection agency;

13 (4) prohibitions on taking any action that would

14 adversely affect the credit of the survivor of sexual

15 assault;

16 (5) the termination of all collection activities if

17 the protocol is violated; and

18 (6) the actions to be taken if a bill is sent to a

19 collection agency or the failure to pay is reported to any

20 credit reporting agency.

21 The Crime Victim Services Division of the Office of the

22 Attorney General may provide a sample acceptable billing

23 protocol upon request.

24 The Office of the Attorney General shall approve a

25 proposed protocol if it finds that the implementation of the

26 protocol would result in no survivor of sexual assault being

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1 billed or sent a bill for medical forensic services.

2 If the Office of the Attorney General determines that

3 implementation of the protocol could result in the billing of

4 a survivor of sexual assault for medical forensic services,

5 the Office of the Attorney General shall provide the health

6 care professional or approved pediatric health care facility

7 with a written statement of the deficiencies in the protocol.

8 The health care professional or approved pediatric health care

9 facility shall have 30 days to submit a revised billing

10 protocol addressing the deficiencies to the Office of the

11 Attorney General. The health care professional or approved

12 pediatric health care facility shall implement the protocol

13 upon approval by the Crime Victim Services Division of the

14 Office of the Attorney General.

15 The health care professional or approved pediatric health

16 care facility shall submit any proposed revision to or

17 modification of an approved billing protocol to the Crime

18 Victim Services Division of the Office of the Attorney General

19 for approval. The health care professional or approved

20 pediatric health care facility shall implement the revised or

21 modified billing protocol upon approval by the Crime Victim

22 Services Division of the Office of the Illinois Attorney

23 General.

24 (e) This Section is effective on and after January 1,

25 2024.

26 (Source: P.A. 101-634, eff. 6-5-20; 101-652, eff. 7-1-21;

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1 102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-1097, eff.

2 1-1-23.)

3 Section 195. The Illinois Vehicle Code is amended by

4 changing Sections 6-204, 6-308, 6-500, 6-601, and 16-103 as

5 follows:

6 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)

7 Sec. 6-204. When court to forward license and reports.

8 (a) For the purpose of providing to the Secretary of State

9 the records essential to the performance of the Secretary's

10 duties under this Code to cancel, revoke or suspend the

11 driver's license and privilege to drive motor vehicles of

12 certain minors and of persons found guilty of the criminal

13 offenses or traffic violations which this Code recognizes as

14 evidence relating to unfitness to safely operate motor

15 vehicles, the following duties are imposed upon public

16 officials:

17 (1) Whenever any person is convicted of any offense

18 for which this Code makes mandatory the cancellation or

19 revocation of the driver's license or permit of such

20 person by the Secretary of State, the judge of the court in

21 which such conviction is had shall require the surrender

22 to the clerk of the court of all driver's licenses or

23 permits then held by the person so convicted, and the

24 clerk of the court shall, within 5 days thereafter,

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1 forward the same, together with a report of such

2 conviction, to the Secretary.

3 (2) Whenever any person is convicted of any offense

4 under this Code or similar offenses under a municipal

5 ordinance, other than regulations governing standing,

6 parking or weights of vehicles, and excepting the

7 following enumerated Sections of this Code: Sections

8 11-1406 (obstruction to driver's view or control), 11-1407

9 (improper opening of door into traffic), 11-1410 (coasting

10 on downgrade), 11-1411 (following fire apparatus),

11 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving

12 vehicle which is in unsafe condition or improperly

13 equipped), 12-201(a) (daytime lights on motorcycles),

14 12-202 (clearance, identification and side marker lamps),

15 12-204 (lamp or flag on projecting load), 12-205 (failure

16 to display the safety lights required), 12-401

17 (restrictions as to tire equipment), 12-502 (mirrors),

18 12-503 (windshields must be unobstructed and equipped with

19 wipers), 12-601 (horns and warning devices), 12-602

20 (mufflers, prevention of noise or smoke), 12-603 (seat

21 safety belts), 12-702 (certain vehicles to carry flares or

22 other warning devices), 12-703 (vehicles for oiling roads

23 operated on highways), 12-710 (splash guards and

24 replacements), 13-101 (safety tests), 15-101 (size, weight

25 and load), 15-102 (width), 15-103 (height), 15-104 (name

26 and address on second division vehicles), 15-107 (length

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1 of vehicle), 15-109.1 (cover or tarpaulin), 15-111

2 (weights), 15-112 (weights), 15-301 (weights), 15-316

3 (weights), 15-318 (weights), and also excepting the

4 following enumerated Sections of the Chicago Municipal

5 Code: Sections 27-245 (following fire apparatus), 27-254

6 (obstruction of traffic), 27-258 (driving vehicle which is

7 in unsafe condition), 27-259 (coasting on downgrade),

8 27-264 (use of horns and signal devices), 27-265

9 (obstruction to driver's view or driver mechanism), 27-267

10 (dimming of headlights), 27-268 (unattended motor

11 vehicle), 27-272 (illegal funeral procession), 27-273

12 (funeral procession on boulevard), 27-275 (driving freight

13 hauling vehicles on boulevard), 27-276 (stopping and

14 standing of buses or taxicabs), 27-277 (cruising of public

15 passenger vehicles), 27-305 (parallel parking), 27-306

16 (diagonal parking), 27-307 (parking not to obstruct

17 traffic), 27-308 (stopping, standing or parking

18 regulated), 27-311 (parking regulations), 27-312 (parking

19 regulations), 27-313 (parking regulations), 27-314

20 (parking regulations), 27-315 (parking regulations),

21 27-316 (parking regulations), 27-317 (parking

22 regulations), 27-318 (parking regulations), 27-319

23 (parking regulations), 27-320 (parking regulations),

24 27-321 (parking regulations), 27-322 (parking

25 regulations), 27-324 (loading and unloading at an angle),

26 27-333 (wheel and axle loads), 27-334 (load restrictions

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1 in the downtown district), 27-335 (load restrictions in

2 residential areas), 27-338 (width of vehicles), 27-339

3 (height of vehicles), 27-340 (length of vehicles), 27-352

4 (reflectors on trailers), 27-353 (mufflers), 27-354

5 (display of plates), 27-355 (display of city vehicle tax

6 sticker), 27-357 (identification of vehicles), 27-358

7 (projecting of loads), and also excepting the following

8 enumerated paragraphs of Section 2-201 of the Rules and

9 Regulations of the Illinois State Toll Highway Authority:

10 (l) (driving unsafe vehicle on tollway), (m) (vehicles

11 transporting dangerous cargo not properly indicated), it

12 shall be the duty of the clerk of the court in which such

13 conviction is had within 5 days thereafter to forward to

14 the Secretary of State a report of the conviction and the

15 court may recommend the suspension of the driver's license

16 or permit of the person so convicted.

17 The reporting requirements of this subsection shall

18 apply to all violations stated in paragraphs (1) and (2)

19 of this subsection when the individual has been

20 adjudicated under the Juvenile Court Act or the Juvenile

21 Court Act of 1987. Such reporting requirements shall also

22 apply to individuals adjudicated under the Juvenile Court

23 Act or the Juvenile Court Act of 1987 who have committed a

24 violation of Section 11-501 of this Code, or similar

25 provision of a local ordinance, or Section 9-3 of the

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

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1 relating to the offense of reckless homicide, or Section

2 5-7 of the Snowmobile Registration and Safety Act or

3 Section 5-16 of the Boat Registration and Safety Act,

4 relating to the offense of operating a snowmobile or a

5 watercraft while under the influence of alcohol, other

6 drug or drugs, intoxicating compound or compounds, or

7 combination thereof. These reporting requirements also

8 apply to individuals adjudicated under the Juvenile Court

9 Act of 1987 based on any offense determined to have been

10 committed in furtherance of the criminal activities of an

11 organized gang, as provided in Section 5-710 of that Act,

12 if those activities involved the operation or use of a

13 motor vehicle. It shall be the duty of the clerk of the

14 court in which adjudication is had within 5 days

15 thereafter to forward to the Secretary of State a report

16 of the adjudication and the court order requiring the

17 Secretary of State to suspend the minor's driver's license

18 and driving privilege for such time as determined by the

19 court, but only until he or she attains the age of 18

20 years. All juvenile court dispositions reported to the

21 Secretary of State under this provision shall be processed

22 by the Secretary of State as if the cases had been

23 adjudicated in traffic or criminal court. However,

24 information reported relative to the offense of reckless

25 homicide, or Section 11-501 of this Code, or a similar

26 provision of a local ordinance, shall be privileged and

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1 available only to the Secretary of State, courts, and

2 police officers.

3 The reporting requirements of this subsection (a)

4 apply to all violations listed in paragraphs (1) and (2)

5 of this subsection (a), excluding parking violations, when

6 the driver holds a CLP or CDL, regardless of the type of

7 vehicle in which the violation occurred, or when any

8 driver committed the violation in a commercial motor

9 vehicle as defined in Section 6-500 of this Code.

10 (3) Whenever an order is entered vacating the

11 forfeiture of any bail, security or bond given to secure

12 appearance for any offense under this Code or similar

13 offenses under municipal ordinance, it shall be the duty

14 of the clerk of the court in which such vacation was had or

15 the judge of such court if such court has no clerk, within

16 5 days thereafter to forward to the Secretary of State a

17 report of the vacation. ~~Whenever an order is entered~~

18 ~~revoking pretrial release given to secure appearance for~~

19 ~~any offense under this Code or similar offenses under~~

20 ~~municipal ordinance, it shall be the duty of the clerk of~~

21 ~~the court in which such revocation was had or the judge of~~

22 ~~such court if such court has no clerk, within 5 days~~

23 ~~thereafter to forward to the Secretary of State a report~~

24 ~~of the revocation.~~

25 (4) A report of any disposition of court supervision

26 for a violation of Sections 6-303, 11-401, 11-501 or a

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1 similar provision of a local ordinance, 11-503, 11-504,

2 and 11-506 of this Code, Section 5-7 of the Snowmobile

3 Registration and Safety Act, and Section 5-16 of the Boat

4 Registration and Safety Act shall be forwarded to the

5 Secretary of State. A report of any disposition of court

6 supervision for a violation of an offense defined as a

7 serious traffic violation in this Code or a similar

8 provision of a local ordinance committed by a person under

9 the age of 21 years shall be forwarded to the Secretary of

10 State.

11 (5) Reports of conviction under this Code and

12 sentencing hearings under the Juvenile Court Act of 1987

13 in an electronic format or a computer processible medium

14 shall be forwarded to the Secretary of State via the

15 Supreme Court in the form and format required by the

16 Illinois Supreme Court and established by a written

17 agreement between the Supreme Court and the Secretary of

18 State. In counties with a population over 300,000, instead

19 of forwarding reports to the Supreme Court, reports of

20 conviction under this Code and sentencing hearings under

21 the Juvenile Court Act of 1987 in an electronic format or a

22 computer processible medium may be forwarded to the

23 Secretary of State by the Circuit Court Clerk in a form and

24 format required by the Secretary of State and established

25 by written agreement between the Circuit Court Clerk and

26 the Secretary of State. Failure to forward the reports of

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1 conviction or sentencing hearing under the Juvenile Court

2 Act of 1987 as required by this Section shall be deemed an

3 omission of duty and it shall be the duty of the several

4 State's Attorneys to enforce the requirements of this

5 Section.

6 (b) Whenever a restricted driving permit is forwarded to a

7 court, as a result of confiscation by a police officer

8 pursuant to the authority in Section 6-113(f), it shall be the

9 duty of the clerk, or judge, if the court has no clerk, to

10 forward such restricted driving permit and a facsimile of the

11 officer's citation to the Secretary of State as expeditiously

12 as practicable.

13 (c) For the purposes of this Code, a forfeiture of bail or

14 collateral deposited to secure a defendant's appearance in

15 court when forfeiture has not been vacated, or the failure of a

16 defendant to appear for trial after depositing his driver's

17 license in lieu of other bail, shall be equivalent to a

18 conviction. ~~For the purposes of this Code, a revocation of~~

19 ~~pretrial release that has not been vacated, or the failure of a~~

20 ~~defendant to appear for trial after depositing his driver's~~

21 ~~license, shall be equivalent to a conviction.~~

22 (d) For the purpose of providing the Secretary of State

23 with records necessary to properly monitor and assess driver

24 performance and assist the courts in the proper disposition of

25 repeat traffic law offenders, the clerk of the court shall

26 forward to the Secretary of State, on a form prescribed by the

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1 Secretary, records of a driver's participation in a driver

2 remedial or rehabilitative program which was required, through

3 a court order or court supervision, in relation to the

4 driver's arrest for a violation of Section 11-501 of this Code

5 or a similar provision of a local ordinance. The clerk of the

6 court shall also forward to the Secretary, either on paper or

7 in an electronic format or a computer processible medium as

8 required under paragraph (5) of subsection (a) of this

9 Section, any disposition of court supervision for any traffic

10 violation, excluding those offenses listed in paragraph (2) of

11 subsection (a) of this Section. These reports shall be sent

12 within 5 days after disposition, or, if the driver is referred

13 to a driver remedial or rehabilitative program, within 5 days

14 of the driver's referral to that program. These reports

15 received by the Secretary of State, including those required

16 to be forwarded under paragraph (a)(4), shall be privileged

17 information, available only (i) to the affected driver, (ii)

18 to the parent or guardian of a person under the age of 18 years

19 holding an instruction permit or a graduated driver's license,

20 and (iii) for use by the courts, police officers, prosecuting

21 authorities, the Secretary of State, and the driver licensing

22 administrator of any other state. In accordance with 49 C.F.R.

23 Part 384, all reports of court supervision, except violations

24 related to parking, shall be forwarded to the Secretary of

25 State for all holders of a CLP or CDL or any driver who commits

26 an offense while driving a commercial motor vehicle. These

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1 reports shall be recorded to the driver's record as a

2 conviction for use in the disqualification of the driver's

3 commercial motor vehicle privileges and shall not be

4 privileged information.

5 (Source: P.A. 101-623, eff. 7-1-20; 101-652, eff. 1-1-23;

6 102-1104, eff. 1-1-23.)

7 (625 ILCS 5/6-308)

8 Sec. 6-308. Procedures for traffic violations.

9 (a) Any person cited for violating this Code or a similar

10 provision of a local ordinance for which a violation is a petty

11 offense as defined by Section 5-1-17 of the Unified Code of

12 Corrections, excluding business offenses as defined by Section

13 5-1-2 of the Unified Code of Corrections or a violation of

14 Section 15-111 or subsection (d) of Section 3-401 of this

15 Code, shall not be required to sign the citation or post bond

16 to secure bail for his or her release. All other provisions of

17 this Code or similar provisions of local ordinances shall be

18 governed by the bail ~~pretrial release~~ provisions of the

19 Illinois Supreme Court Rules when it is not practical or

20 feasible to take the person before a judge to have bail

21 ~~conditions of pretrial release~~ set or to avoid undue delay

22 because of the hour or circumstances.

23 (b) Whenever a person fails to appear in court, the court

24 may continue the case for a minimum of 30 days and the clerk of

25 the court shall send notice of the continued court date to the

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1 person's last known address. If the person does not appear in

2 court on or before the continued court date or satisfy the

3 court that the person's appearance in and surrender to the

4 court is impossible for no fault of the person, the court shall

5 enter an order of failure to appear. The clerk of the court

6 shall notify the Secretary of State, on a report prescribed by

7 the Secretary, of the court's order. The Secretary, when

8 notified by the clerk of the court that an order of failure to

9 appear has been entered, shall immediately suspend the

10 person's driver's license, which shall be designated by the

11 Secretary as a Failure to Appear suspension. The Secretary

12 shall not remove the suspension, nor issue any permit or

13 privileges to the person whose license has been suspended,

14 until notified by the ordering court that the person has

15 appeared and resolved the violation. Upon compliance, the

16 clerk of the court shall present the person with a notice of

17 compliance containing the seal of the court, and shall notify

18 the Secretary that the person has appeared and resolved the

19 violation.

20 (c) Illinois Supreme Court Rules shall govern bail

21 ~~pretrial release~~ and appearance procedures when a person who

22 is a resident of another state that is not a member of the

23 Nonresident Violator Compact of 1977 is cited for violating

24 this Code or a similar provision of a local ordinance.

25 (Source: P.A. 100-674, eff. 1-1-19; 101-652, eff. 1-1-23.)

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1 (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)

2 Sec. 6-500. Definitions of words and phrases.

3 Notwithstanding the definitions set forth elsewhere in this

4 Code, for purposes of the Uniform Commercial Driver's License

5 Act (UCDLA), the words and phrases listed below have the

6 meanings ascribed to them as follows:

7 (1) Alcohol. "Alcohol" means any substance containing any

8 form of alcohol, including but not limited to ethanol,

9 methanol, propanol, and isopropanol.

10 (2) Alcohol concentration. "Alcohol concentration" means:

11 (A) the number of grams of alcohol per 210 liters of

12 breath; or

13 (B) the number of grams of alcohol per 100 milliliters

14 of blood; or

15 (C) the number of grams of alcohol per 67 milliliters

16 of urine.

17 Alcohol tests administered within 2 hours of the driver

18 being "stopped or detained" shall be considered that driver's

19 "alcohol concentration" for the purposes of enforcing this

20 UCDLA.

21 (3) (Blank).

22 (4) (Blank).

23 (5) (Blank).

24 (5.3) CDLIS driver record. "CDLIS driver record" means the

25 electronic record of the individual CDL driver's status and

26 history stored by the State-of-Record as part of the

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1 Commercial Driver's License Information System, or CDLIS,

2 established under 49 U.S.C. 31309.

3 (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle

4 record" or "CDLIS MVR" means a report generated from the CDLIS

5 driver record meeting the requirements for access to CDLIS

6 information and provided by states to users authorized in 49

7 C.F.R. 384.225(e)(3) and (4), subject to the provisions of the

8 Driver Privacy Protection Act, 18 U.S.C. 2721-2725.

9 (5.7) Commercial driver's license downgrade. "Commercial

10 driver's license downgrade" or "CDL downgrade" means either:

11 (A) a state allows the driver to change his or her

12 self-certification to interstate, but operating

13 exclusively in transportation or operation excepted from

14 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),

15 391.2, 391.68, or 398.3;

16 (B) a state allows the driver to change his or her

17 self-certification to intrastate only, if the driver

18 qualifies under that state's physical qualification

19 requirements for intrastate only;

20 (C) a state allows the driver to change his or her

21 certification to intrastate, but operating exclusively in

22 transportation or operations excepted from all or part of

23 the state driver qualification requirements; or

24 (D) a state removes the CDL privilege from the driver

25 license.

26 (6) Commercial Motor Vehicle.

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1 (A) "Commercial motor vehicle" or "CMV" means a motor

2 vehicle or combination of motor vehicles used in commerce,

3 except those referred to in subdivision (B), designed to

4 transport passengers or property if the motor vehicle:

5 (i) has a gross combination weight rating or gross

6 combination weight of 11,794 kilograms or more (26,001

7 pounds or more), whichever is greater, inclusive of

8 any towed unit with a gross vehicle weight rating or

9 gross vehicle weight of more than 4,536 kilograms

10 (10,000 pounds), whichever is greater; or

11 (i-5) has a gross vehicle weight rating or gross

12 vehicle weight of 11,794 or more kilograms (26,001

13 pounds or more), whichever is greater; or

14 (ii) is designed to transport 16 or more persons,

15 including the driver; or

16 (iii) is of any size and is used in transporting

17 hazardous materials as defined in 49 C.F.R. 383.5.

18 (B) Pursuant to the interpretation of the Commercial

19 Motor Vehicle Safety Act of 1986 by the Federal Highway

20 Administration, the definition of "commercial motor

21 vehicle" does not include:

22 (i) recreational vehicles, when operated primarily

23 for personal use;

24 (ii) vehicles owned by or operated under the

25 direction of the United States Department of Defense

26 or the United States Coast Guard only when operated by

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1 non-civilian personnel. This includes any operator on

2 active military duty; members of the Reserves;

3 National Guard; personnel on part-time training; and

4 National Guard military technicians (civilians who are

5 required to wear military uniforms and are subject to

6 the Code of Military Justice); or

7 (iii) firefighting, police, and other emergency

8 equipment (including, without limitation, equipment

9 owned or operated by a HazMat or technical rescue team

10 authorized by a county board under Section 5-1127 of

11 the Counties Code), with audible and visual signals,

12 owned or operated by or for a governmental entity,

13 which is necessary to the preservation of life or

14 property or the execution of emergency governmental

15 functions which are normally not subject to general

16 traffic rules and regulations.

17 (7) Controlled Substance. "Controlled substance" shall

18 have the same meaning as defined in Section 102 of the Illinois

19 Controlled Substances Act, and shall also include cannabis as

20 defined in Section 3 of the Cannabis Control Act and

21 methamphetamine as defined in Section 10 of the

22 Methamphetamine Control and Community Protection Act.

23 (8) Conviction. "Conviction" means an unvacated

24 adjudication of guilt or a determination that a person has

25 violated or failed to comply with the law in a court of

26 original jurisdiction or by an authorized administrative

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1 tribunal; an unvacated forfeiture of bail or collateral

2 deposited to secure the person's appearance in court; a plea

3 of guilty or nolo contendere accepted by the court; the

4 payment of a fine or court cost regardless of whether the

5 imposition of sentence is deferred and ultimately a judgment

6 dismissing the underlying charge is entered; or a violation of

7 a condition of release without bail, regardless of whether or

8 not the penalty is rebated, suspended or probated.

9 ~~"Conviction" means an unvacated adjudication of guilt or a~~

10 ~~determination that a person has violated or failed to comply~~

11 ~~with the law in a court of original jurisdiction or by an~~

12 ~~authorized administrative tribunal; an unvacated revocation of~~

13 ~~pretrial release; a plea of guilty or nolo contendere accepted~~

14 ~~by the court; or the payment of a fine or court cost regardless~~

15 ~~of whether the imposition of sentence is deferred and~~

16 ~~ultimately a judgment dismissing the underlying charge is~~

17 ~~entered.~~

18 (8.5) Day. "Day" means calendar day.

19 (9) (Blank).

20 (10) (Blank).

21 (11) (Blank).

22 (12) (Blank).

23 (13) Driver. "Driver" means any person who drives,

24 operates, or is in physical control of a commercial motor

25 vehicle, any person who is required to hold a CDL, or any

26 person who is a holder of a CDL while operating a

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1 non-commercial motor vehicle.

2 (13.5) Driver applicant. "Driver applicant" means an

3 individual who applies to a state or other jurisdiction to

4 obtain, transfer, upgrade, or renew a CDL or to obtain or renew

5 a CLP.

6 (13.6) Drug and alcohol clearinghouse. "Drug and alcohol

7 clearinghouse" means a database system established by the

8 Federal Motor Carrier Safety Administration that permits the

9 access and retrieval of a drug and alcohol testing violation

10 or violations precluding an applicant or employee from

11 occupying safety-sensitive positions involving the operation

12 of a commercial motor vehicle.

13 (13.8) Electronic device. "Electronic device" includes,

14 but is not limited to, a cellular telephone, personal digital

15 assistant, pager, computer, or any other device used to input,

16 write, send, receive, or read text.

17 (14) Employee. "Employee" means a person who is employed

18 as a commercial motor vehicle driver. A person who is

19 self-employed as a commercial motor vehicle driver must comply

20 with the requirements of this UCDLA pertaining to employees.

21 An owner-operator on a long-term lease shall be considered an

22 employee.

23 (15) Employer. "Employer" means a person (including the

24 United States, a State or a local authority) who owns or leases

25 a commercial motor vehicle or assigns employees to operate

26 such a vehicle. A person who is self-employed as a commercial

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1 motor vehicle driver must comply with the requirements of this

2 UCDLA.

3 (15.1) Endorsement. "Endorsement" means an authorization

4 to an individual's CLP or CDL required to permit the

5 individual to operate certain types of commercial motor

6 vehicles.

7 (15.2) Entry-level driver training. "Entry-level driver

8 training" means the training an entry-level driver receives

9 from an entity listed on the Federal Motor Carrier Safety

10 Administration's Training Provider Registry prior to: (i)

11 taking the CDL skills test required to receive the Class A or

12 Class B CDL for the first time; (ii) taking the CDL skills test

13 required to upgrade to a Class A or Class B CDL; or (iii)

14 taking the CDL skills test required to obtain a passenger or

15 school bus endorsement for the first time or the CDL knowledge

16 test required to obtain a hazardous materials endorsement for

17 the first time.

18 (15.3) Excepted interstate. "Excepted interstate" means a

19 person who operates or expects to operate in interstate

20 commerce, but engages exclusively in transportation or

21 operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68,

22 or 398.3 from all or part of the qualification requirements of

23 49 C.F.R. Part 391 and is not required to obtain a medical

24 examiner's certificate by 49 C.F.R. 391.45.

25 (15.5) Excepted intrastate. "Excepted intrastate" means a

26 person who operates in intrastate commerce but engages

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1 exclusively in transportation or operations excepted from all

2 or parts of the state driver qualification requirements.

3 (16) (Blank).

4 (16.5) Fatality. "Fatality" means the death of a person as

5 a result of a motor vehicle crash.

6 (16.7) Foreign commercial driver. "Foreign commercial

7 driver" means a person licensed to operate a commercial motor

8 vehicle by an authority outside the United States, or a

9 citizen of a foreign country who operates a commercial motor

10 vehicle in the United States.

11 (17) Foreign jurisdiction. "Foreign jurisdiction" means a

12 sovereign jurisdiction that does not fall within the

13 definition of "State".

14 (18) (Blank).

15 (19) (Blank).

16 (20) Hazardous materials. "Hazardous material" means any

17 material that has been designated under 49 U.S.C. 5103 and is

18 required to be placarded under subpart F of 49 C.F.R. part 172

19 or any quantity of a material listed as a select agent or toxin

20 in 42 C.F.R. part 73.

21 (20.5) Imminent Hazard. "Imminent hazard" means the

22 existence of any condition of a vehicle, employee, or

23 commercial motor vehicle operations that substantially

24 increases the likelihood of serious injury or death if not

25 discontinued immediately; or a condition relating to hazardous

26 material that presents a substantial likelihood that death,

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1 serious illness, severe personal injury, or a substantial

2 endangerment to health, property, or the environment may occur

3 before the reasonably foreseeable completion date of a formal

4 proceeding begun to lessen the risk of that death, illness,

5 injury or endangerment.

6 (20.6) Issuance. "Issuance" means initial issuance,

7 transfer, renewal, or upgrade of a CLP or CDL and

8 non-domiciled CLP or CDL.

9 (20.7) Issue. "Issue" means initial issuance, transfer,

10 renewal, or upgrade of a CLP or CDL and non-domiciled CLP or

11 non-domiciled CDL.

12 (21) Long-term lease. "Long-term lease" means a lease of a

13 commercial motor vehicle by the owner-lessor to a lessee, for

14 a period of more than 29 days.

15 (21.01) Manual transmission. "Manual transmission" means a

16 transmission utilizing a driver-operated clutch that is

17 activated by a pedal or lever and a gear-shift mechanism

18 operated either by hand or foot including those known as a

19 stick shift, stick, straight drive, or standard transmission.

20 All other transmissions, whether semi-automatic or automatic,

21 shall be considered automatic for the purposes of the

22 standardized restriction code.

23 (21.1) Medical examiner. "Medical examiner" means an

24 individual certified by the Federal Motor Carrier Safety

25 Administration and listed on the National Registry of

26 Certified Medical Examiners in accordance with Federal Motor

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1 Carrier Safety Regulations, 49 CFR 390.101 et seq.

2 (21.2) Medical examiner's certificate. "Medical examiner's

3 certificate" means either (1) prior to June 22, 2021, a

4 document prescribed or approved by the Secretary of State that

5 is issued by a medical examiner to a driver to medically

6 qualify him or her to drive; or (2) beginning June 22, 2021, an

7 electronic submission of results of an examination conducted

8 by a medical examiner listed on the National Registry of

9 Certified Medical Examiners to the Federal Motor Carrier

10 Safety Administration of a driver to medically qualify him or

11 her to drive.

12 (21.5) Medical variance. "Medical variance" means a driver

13 has received one of the following from the Federal Motor

14 Carrier Safety Administration which allows the driver to be

15 issued a medical certificate: (1) an exemption letter

16 permitting operation of a commercial motor vehicle pursuant to

17 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a

18 skill performance evaluation (SPE) certificate permitting

19 operation of a commercial motor vehicle pursuant to 49 C.F.R.

20 391.49.

21 (21.7) Mobile telephone. "Mobile telephone" means a mobile

22 communication device that falls under or uses any commercial

23 mobile radio service, as defined in regulations of the Federal

24 Communications Commission, 47 CFR 20.3. It does not include

25 two-way or citizens band radio services.

26 (22) Motor Vehicle. "Motor vehicle" means every vehicle

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1 which is self-propelled, and every vehicle which is propelled

2 by electric power obtained from over head trolley wires but

3 not operated upon rails, except vehicles moved solely by human

4 power and motorized wheel chairs.

5 (22.2) Motor vehicle record. "Motor vehicle record" means

6 a report of the driving status and history of a driver

7 generated from the driver record provided to users, such as

8 drivers or employers, and is subject to the provisions of the

9 Driver Privacy Protection Act, 18 U.S.C. 2721-2725.

10 (22.5) Non-CMV. "Non-CMV" means a motor vehicle or

11 combination of motor vehicles not defined by the term

12 "commercial motor vehicle" or "CMV" in this Section.

13 (22.7) Non-excepted interstate. "Non-excepted interstate"

14 means a person who operates or expects to operate in

15 interstate commerce, is subject to and meets the qualification

16 requirements under 49 C.F.R. Part 391, and is required to

17 obtain a medical examiner's certificate by 49 C.F.R. 391.45.

18 (22.8) Non-excepted intrastate. "Non-excepted intrastate"

19 means a person who operates only in intrastate commerce and is

20 subject to State driver qualification requirements.

21 (23) Non-domiciled CLP or Non-domiciled CDL.

22 "Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,

23 respectively, issued by a state or other jurisdiction under

24 either of the following two conditions:

25 (i) to an individual domiciled in a foreign country

26 meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.

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1 of the Federal Motor Carrier Safety Administration.

2 (ii) to an individual domiciled in another state

3 meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.

4 of the Federal Motor Carrier Safety Administration.

5 (24) (Blank).

6 (25) (Blank).

7 (25.5) Railroad-Highway Grade Crossing Violation.

8 "Railroad-highway grade crossing violation" means a violation,

9 while operating a commercial motor vehicle, of any of the

10 following:

11 (A) Section 11-1201, 11-1202, or 11-1425 of this Code.

12 (B) Any other similar law or local ordinance of any

13 state relating to railroad-highway grade crossing.

14 (25.7) School Bus. "School bus" means a commercial motor

15 vehicle used to transport pre-primary, primary, or secondary

16 school students from home to school, from school to home, or to

17 and from school-sponsored events. "School bus" does not

18 include a bus used as a common carrier.

19 (26) Serious Traffic Violation. "Serious traffic

20 violation" means:

21 (A) a conviction when operating a commercial motor

22 vehicle, or when operating a non-CMV while holding a CLP

23 or CDL, of:

24 (i) a violation relating to excessive speeding,

25 involving a single speeding charge of 15 miles per

26 hour or more above the legal speed limit; or

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1 (ii) a violation relating to reckless driving; or

2 (iii) a violation of any State law or local

3 ordinance relating to motor vehicle traffic control

4 (other than parking violations) arising in connection

5 with a fatal traffic crash; or

6 (iv) a violation of Section 6-501, relating to

7 having multiple driver's licenses; or

8 (v) a violation of paragraph (a) of Section 6-507,

9 relating to the requirement to have a valid CLP or CDL;

10 or

11 (vi) a violation relating to improper or erratic

12 traffic lane changes; or

13 (vii) a violation relating to following another

14 vehicle too closely; or

15 (viii) a violation relating to texting while

16 driving; or

17 (ix) a violation relating to the use of a

18 hand-held mobile telephone while driving; or

19 (B) any other similar violation of a law or local

20 ordinance of any state relating to motor vehicle traffic

21 control, other than a parking violation, which the

22 Secretary of State determines by administrative rule to be

23 serious.

24 (27) State. "State" means a state of the United States,

25 the District of Columbia and any province or territory of

26 Canada.

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1 (28) (Blank).

2 (29) (Blank).

3 (30) (Blank).

4 (31) (Blank).

5 (32) Texting. "Texting" means manually entering

6 alphanumeric text into, or reading text from, an electronic

7 device.

8 (1) Texting includes, but is not limited to, short

9 message service, emailing, instant messaging, a command or

10 request to access a World Wide Web page, pressing more

11 than a single button to initiate or terminate a voice

12 communication using a mobile telephone, or engaging in any

13 other form of electronic text retrieval or entry for

14 present or future communication.

15 (2) Texting does not include:

16 (i) inputting, selecting, or reading information

17 on a global positioning system or navigation system;

18 or

19 (ii) pressing a single button to initiate or

20 terminate a voice communication using a mobile

21 telephone; or

22 (iii) using a device capable of performing

23 multiple functions (for example, a fleet management

24 system, dispatching device, smart phone, citizens band

25 radio, or music player) for a purpose that is not

26 otherwise prohibited by Part 392 of the Federal Motor

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1 Carrier Safety Regulations.

2 (32.3) Third party skills test examiner. "Third party

3 skills test examiner" means a person employed by a third party

4 tester who is authorized by the State to administer the CDL

5 skills tests specified in 49 C.F.R. Part 383, subparts G and H.

6 (32.5) Third party tester. "Third party tester" means a

7 person (including, but not limited to, another state, a motor

8 carrier, a private driver training facility or other private

9 institution, or a department, agency, or instrumentality of a

10 local government) authorized by the State to employ skills

11 test examiners to administer the CDL skills tests specified in

12 49 C.F.R. Part 383, subparts G and H.

13 (32.7) United States. "United States" means the 50 states

14 and the District of Columbia.

15 (33) Use a hand-held mobile telephone. "Use a hand-held

16 mobile telephone" means:

17 (1) using at least one hand to hold a mobile telephone

18 to conduct a voice communication;

19 (2) dialing or answering a mobile telephone by

20 pressing more than a single button; or

21 (3) reaching for a mobile telephone in a manner that

22 requires a driver to maneuver so that he or she is no

23 longer in a seated driving position, restrained by a seat

24 belt that is installed in accordance with 49 CFR 393.93

25 and adjusted in accordance with the vehicle manufacturer's

26 instructions.

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1 (Source: P.A. 102-982, eff. 7-1-23; 102-1104, eff. 1-1-23;

2 103-179, eff. 6-30-23.)

3 (625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601)

4 Sec. 6-601. Penalties.

5 (a) It is a petty offense for any person to violate any of

6 the provisions of this Chapter unless such violation is by

7 this Code or other law of this State declared to be a

8 misdemeanor or a felony.

9 (b) General penalties. Unless another penalty is in this

10 Code or other laws of this State, every person convicted of a

11 petty offense for the violation of any provision of this

12 Chapter shall be punished by a fine of not more than $500.

13 (c) Unlicensed driving. Except as hereinafter provided a

14 violation of Section 6-101 shall be:

15 1. A Class A misdemeanor if the person failed to

16 obtain a driver's license or permit after expiration of a

17 period of revocation.

18 2. A Class B misdemeanor if the person has been issued

19 a driver's license or permit, which has expired, and if

20 the period of expiration is greater than one year; or if

21 the person has never been issued a driver's license or

22 permit, or is not qualified to obtain a driver's license

23 or permit because of his age.

24 3. A petty offense if the person has been issued a

25 temporary visitor's driver's license or permit and is

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1 unable to provide proof of liability insurance as provided

2 in subsection (d-5) of Section 6-105.1.

3 If a licensee under this Code is convicted of violating

4 Section 6-303 for operating a motor vehicle during a time when

5 such licensee's driver's license was suspended under the

6 provisions of Section 6-306.3 or 6-308, then such act shall be

7 a petty offense (provided the licensee has answered the charge

8 which was the basis of the suspension under Section 6-306.3 or

9 6-308), and there shall be imposed no additional like period

10 of suspension as provided in paragraph (b) of Section 6-303.

11 (d) For violations of this Code or a similar provision of a

12 local ordinance for which a violation is a petty offense as

13 defined by Section 5-1-17 of the Unified Code of Corrections,

14 excluding business offenses as defined by Section 5-1-2 of the

15 Unified Code of Corrections or a violation of Section 15-111

16 or subsection (d) of Section 3-401 of this Code, if the

17 violation may be satisfied without a court appearance, the

18 violator may, pursuant to Supreme Court Rule, satisfy the case

19 with a written plea of guilty and payment of fines, penalties,

20 and costs equal to the bail amount ~~as~~ established by the

21 Supreme Court for the offense.

22 (Source: P.A. 101-652, eff. 1-1-23.)

23 (625 ILCS 5/16-103) (from Ch. 95 1/2, par. 16-103)

24 Sec. 16-103. Arrest outside county where violation

25 committed.

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1 Whenever a defendant is arrested upon a warrant charging a

2 violation of this Act in a county other than that in which such

3 warrant was issued, the arresting officer, immediately upon

4 the request of the defendant, shall take such defendant before

5 a circuit judge or associate circuit judge in the county in

6 which the arrest was made who shall admit the defendant to bail

7 ~~pretrial release~~ for his appearance before the court named in

8 the warrant. On taking such bail ~~setting the conditions of~~

9 ~~pretrial release~~, the circuit judge or associate circuit judge

10 shall certify such fact on the warrant and deliver the warrant

11 and undertaking of bail or other security ~~conditions of~~

12 ~~pretrial release~~, or the driver's ~~drivers~~ license of such

13 defendant if deposited, under the law relating to such

14 licenses, in lieu of such security, to the officer having

15 charge of the defendant. Such officer shall then immediately

16 discharge the defendant from arrest and without delay deliver

17 such warrant and such undertaking of bail, or other security

18 ~~acknowledgment by the defendant of his or her receiving the~~

19 ~~conditions of pretrial release~~ or driver's ~~drivers~~ license to

20 the court before which the defendant is required to appear.

21 (Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22.)

22 Section 200. The Illinois Vehicle Code is amended by

23 changing Sections 6-209.1, 11-208.3, 11-208.6, 11-208.8,

24 11-208.9, and 11-1201.1 as follows:

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1 (625 ILCS 5/6-209.1)

2 Sec. 6-209.1. Restoration of driving privileges;

3 revocation; suspension; cancellation.

4 ~~(a)~~ The Secretary shall rescind the suspension or

5 cancellation of a person's driver's license that has been

6 suspended or canceled before July 1, 2020 (the effective date

7 of Public Act 101-623) due to:

8 (1) the person being convicted of theft of motor fuel

9 under Section 16-25 or 16K-15 of the Criminal Code of 1961

10 or the Criminal Code of 2012;

11 (2) the person, since the issuance of the driver's

12 license, being adjudged to be afflicted with or suffering

13 from any mental disability or disease;

14 (3) a violation of Section 6-16 of the Liquor Control

15 Act of 1934 or a similar provision of a local ordinance;

16 (4) the person being convicted of a violation of

17 Section 6-20 of the Liquor Control Act of 1934 or a similar

18 provision of a local ordinance, if the person presents a

19 certified copy of a court order that includes a finding

20 that the person was not an occupant of a motor vehicle at

21 the time of the violation;

22 (5) the person receiving a disposition of court

23 supervision for a violation of subsection (a), (d), or (e)

24 of Section 6-20 of the Liquor Control Act of 1934 or a

25 similar provision of a local ordinance, if the person

26 presents a certified copy of a court order that includes a

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1 finding that the person was not an occupant of a motor

2 vehicle at the time of the violation;

3 (6) the person failing to pay any fine or penalty due

4 or owing as a result of 10 or more violations of a

5 municipality's or county's vehicular standing, parking, or

6 compliance regulations established by ordinance under

7 Section 11-208.3 of this Code;

8 (7) the person failing to satisfy any fine or penalty

9 resulting from a final order issued by the ~~Illinois State~~

10 ~~Toll Highway~~ Authority relating directly or indirectly to

11 5 or more toll violations, toll evasions, or both;

12 (8) the person being convicted of a violation of

13 Section 4-102 of this Code, if the person presents a

14 certified copy of a court order that includes a finding

15 that the person did not exercise actual physical control

16 of the vehicle at the time of the violation; or

17 (9) the person being convicted of criminal trespass to

18 vehicles under Section 21-2 of the Criminal Code of 2012,

19 if the person presents a certified copy of a court order

20 that includes a finding that the person did not exercise

21 actual physical control of the vehicle at the time of the

22 violation.

23 ~~(b) As soon as practicable and no later than July 1, 2021,~~

24 ~~the Secretary shall rescind the suspension, cancellation, or~~

25 ~~prohibition of renewal of a person's driver's license that has~~

26 ~~been suspended, canceled, or whose renewal has been prohibited~~

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1 ~~before the effective date of this amendatory Act of the 101st~~

2 ~~General Assembly due to the person having failed to pay any~~

3 ~~fine or penalty for traffic violations, automated traffic law~~

4 ~~enforcement system violations as defined in Sections 11-208.6,~~

5 ~~and 11-208.8, 11-208.9, and 11-1201.1, or abandoned vehicle~~

6 ~~fees.~~

7 (Source: P.A. 101-623, eff. 7-1-20; 101-652, eff. 7-1-21;

8 102-558, eff. 8-20-21.)

9 (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)

10 Sec. 11-208.3. Administrative adjudication of violations

11 of traffic regulations concerning the standing, parking, or

12 condition of vehicles, automated traffic law violations, and

13 automated speed enforcement system violations.

14 (a) Any municipality or county may provide by ordinance

15 for a system of administrative adjudication of vehicular

16 standing and parking violations and vehicle compliance

17 violations as described in this subsection, automated traffic

18 law violations as defined in Section 11-208.6, 11-208.9, or

19 11-1201.1, and automated speed enforcement system violations

20 as defined in Section 11-208.8. The administrative system

21 shall have as its purpose the fair and efficient enforcement

22 of municipal or county regulations through the administrative

23 adjudication of automated speed enforcement system or

24 automated traffic law violations and violations of municipal

25 or county ordinances regulating the standing and parking of

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1 vehicles, the condition and use of vehicle equipment, and the

2 display of municipal or county wheel tax licenses within the

3 municipality's or county's borders. The administrative system

4 shall only have authority to adjudicate civil offenses

5 carrying fines not in excess of $500 or requiring the

6 completion of a traffic education program, or both, that occur

7 after the effective date of the ordinance adopting such a

8 system under this Section. For purposes of this Section,

9 "compliance violation" means a violation of a municipal or

10 county regulation governing the condition or use of equipment

11 on a vehicle or governing the display of a municipal or county

12 wheel tax license.

13 (b) Any ordinance establishing a system of administrative

14 adjudication under this Section shall provide for:

15 (1) A traffic compliance administrator authorized to

16 adopt, distribute, and process parking, compliance, and

17 automated speed enforcement system or automated traffic

18 law violation notices and other notices required by this

19 Section, collect money paid as fines and penalties for

20 violation of parking and compliance ordinances and

21 automated speed enforcement system or automated traffic

22 law violations, and operate an administrative adjudication

23 system. The traffic compliance administrator also may make

24 a certified report to the Secretary of State under Section

25 6-306.5-1.

26 (2) A parking, standing, compliance, automated speed

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1 enforcement system, or automated traffic law violation

2 notice that shall specify or include the date, time, and

3 place of violation of a parking, standing, compliance,

4 automated speed enforcement system, or automated traffic

5 law regulation; the particular regulation violated; any

6 requirement to complete a traffic education program; the

7 fine and any penalty that may be assessed for late payment

8 or failure to complete a required traffic education

9 program, or both, when so provided by ordinance; the

10 vehicle make or a photograph of the vehicle; the state

11 registration number of the vehicle; and the identification

12 number of the person issuing the notice. With regard to

13 automated speed enforcement system or automated traffic

14 law violations, vehicle make shall be specified on the

15 automated speed enforcement system or automated traffic

16 law violation notice if the notice does not include a

17 photograph of the vehicle and the make is available and

18 readily discernible. With regard to municipalities or

19 counties with a population of 1 million or more, it shall

20 be grounds for dismissal of a parking violation if the

21 state registration number or vehicle make specified is

22 incorrect. The violation notice shall state that the

23 completion of any required traffic education program, the

24 payment of any indicated fine, and the payment of any

25 applicable penalty for late payment or failure to complete

26 a required traffic education program, or both, shall

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1 operate as a final disposition of the violation. The

2 notice also shall contain information as to the

3 availability of a hearing in which the violation may be

4 contested on its merits. The violation notice shall

5 specify the time and manner in which a hearing may be had.

6 (3) Service of a parking, standing, or compliance

7 violation notice by: (i) affixing the original or a

8 facsimile of the notice to an unlawfully parked or

9 standing vehicle; (ii) handing the notice to the operator

10 of a vehicle if he or she is present; or (iii) mailing the

11 notice to the address of the registered owner or lessee of

12 the cited vehicle as recorded with the Secretary of State

13 or the lessor of the motor vehicle within 30 days after the

14 Secretary of State or the lessor of the motor vehicle

15 notifies the municipality or county of the identity of the

16 owner or lessee of the vehicle, but not later than 90 days

17 after the date of the violation, except that in the case of

18 a lessee of a motor vehicle, service of a parking,

19 standing, or compliance violation notice may occur no

20 later than 210 days after the violation; and service of an

21 automated speed enforcement system or automated traffic

22 law violation notice by mail to the address of the

23 registered owner or lessee of the cited vehicle as

24 recorded with the Secretary of State or the lessor of the

25 motor vehicle within 30 days after the Secretary of State

26 or the lessor of the motor vehicle notifies the

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1 municipality or county of the identity of the owner or

2 lessee of the vehicle, but not later than 90 days after the

3 violation, except that in the case of a lessee of a motor

4 vehicle, service of an automated traffic law violation

5 notice may occur no later than 210 days after the

6 violation. A person authorized by ordinance to issue and

7 serve parking, standing, and compliance violation notices

8 shall certify as to the correctness of the facts entered

9 on the violation notice by signing his or her name to the

10 notice at the time of service or, in the case of a notice

11 produced by a computerized device, by signing a single

12 certificate to be kept by the traffic compliance

13 administrator attesting to the correctness of all notices

14 produced by the device while it was under his or her

15 control. In the case of an automated traffic law

16 violation, the ordinance shall require a determination by

17 a technician employed or contracted by the municipality or

18 county that, based on inspection of recorded images, the

19 motor vehicle was being operated in violation of Section

20 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance. If

21 the technician determines that the vehicle entered the

22 intersection as part of a funeral procession or in order

23 to yield the right-of-way to an emergency vehicle, a

24 citation shall not be issued. In municipalities with a

25 population of less than 1,000,000 inhabitants and counties

26 with a population of less than 3,000,000 inhabitants, the

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1 automated traffic law ordinance shall require that all

2 determinations by a technician that a motor vehicle was

3 being operated in violation of Section 11-208.6, 11-208.9,

4 or 11-1201.1 or a local ordinance must be reviewed and

5 approved by a law enforcement officer or retired law

6 enforcement officer of the municipality or county issuing

7 the violation. In municipalities with a population of

8 1,000,000 or more inhabitants and counties with a

9 population of 3,000,000 or more inhabitants, the automated

10 traffic law ordinance shall require that all

11 determinations by a technician that a motor vehicle was

12 being operated in violation of Section 11-208.6, 11-208.9,

13 or 11-1201.1 or a local ordinance must be reviewed and

14 approved by a law enforcement officer or retired law

15 enforcement officer of the municipality or county issuing

16 the violation or by an additional fully trained reviewing

17 technician who is not employed by the contractor who

18 employs the technician who made the initial determination.

19 In the case of an automated speed enforcement system

20 violation, the ordinance shall require a determination by

21 a technician employed by the municipality, based upon an

22 inspection of recorded images, video or other

23 documentation, including documentation of the speed limit

24 and automated speed enforcement signage, and documentation

25 of the inspection, calibration, and certification of the

26 speed equipment, that the vehicle was being operated in

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1 violation of Article VI of Chapter 11 of this Code or a

2 similar local ordinance. If the technician determines that

3 the vehicle speed was not determined by a calibrated,

4 certified speed equipment device based upon the speed

5 equipment documentation, or if the vehicle was an

6 emergency vehicle, a citation may not be issued. The

7 automated speed enforcement ordinance shall require that

8 all determinations by a technician that a violation

9 occurred be reviewed and approved by a law enforcement

10 officer or retired law enforcement officer of the

11 municipality issuing the violation or by an additional

12 fully trained reviewing technician who is not employed by

13 the contractor who employs the technician who made the

14 initial determination. Routine and independent calibration

15 of the speeds produced by automated speed enforcement

16 systems and equipment shall be conducted annually by a

17 qualified technician. Speeds produced by an automated

18 speed enforcement system shall be compared with speeds

19 produced by lidar or other independent equipment. Radar or

20 lidar equipment shall undergo an internal validation test

21 no less frequently than once each week. Qualified

22 technicians shall test loop-based equipment no less

23 frequently than once a year. Radar equipment shall be

24 checked for accuracy by a qualified technician when the

25 unit is serviced, when unusual or suspect readings

26 persist, or when deemed necessary by a reviewing

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1 technician. Radar equipment shall be checked with the

2 internal frequency generator and the internal circuit test

3 whenever the radar is turned on. Technicians must be alert

4 for any unusual or suspect readings, and if unusual or

5 suspect readings of a radar unit persist, that unit shall

6 immediately be removed from service and not returned to

7 service until it has been checked by a qualified

8 technician and determined to be functioning properly.

9 Documentation of the annual calibration results, including

10 the equipment tested, test date, technician performing the

11 test, and test results, shall be maintained and available

12 for use in the determination of an automated speed

13 enforcement system violation and issuance of a citation.

14 The technician performing the calibration and testing of

15 the automated speed enforcement equipment shall be trained

16 and certified in the use of equipment for speed

17 enforcement purposes. Training on the speed enforcement

18 equipment may be conducted by law enforcement, civilian,

19 or manufacturer's personnel and if applicable may be

20 equivalent to the equipment use and operations training

21 included in the Speed Measuring Device Operator Program

22 developed by the National Highway Traffic Safety

23 Administration (NHTSA). The vendor or technician who

24 performs the work shall keep accurate records on each

25 piece of equipment the technician calibrates and tests. As

26 used in this paragraph, "fully trained reviewing

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1 technician" means a person who has received at least 40

2 hours of supervised training in subjects which shall

3 include image inspection and interpretation, the elements

4 necessary to prove a violation, license plate

5 identification, and traffic safety and management. In all

6 municipalities and counties, the automated speed

7 enforcement system or automated traffic law ordinance

8 shall require that no additional fee shall be charged to

9 the alleged violator for exercising his or her right to an

10 administrative hearing, and persons shall be given at

11 least 25 days following an administrative hearing to pay

12 any civil penalty imposed by a finding that Section

13 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar

14 local ordinance has been violated. The original or a

15 facsimile of the violation notice or, in the case of a

16 notice produced by a computerized device, a printed record

17 generated by the device showing the facts entered on the

18 notice, shall be retained by the traffic compliance

19 administrator, and shall be a record kept in the ordinary

20 course of business. A parking, standing, compliance,

21 automated speed enforcement system, or automated traffic

22 law violation notice issued, signed, and served in

23 accordance with this Section, a copy of the notice, or the

24 computer-generated record shall be prima facie correct and

25 shall be prima facie evidence of the correctness of the

26 facts shown on the notice. The notice, copy, or

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1 computer-generated record shall be admissible in any

2 subsequent administrative or legal proceedings.

3 (4) An opportunity for a hearing for the registered

4 owner of the vehicle cited in the parking, standing,

5 compliance, automated speed enforcement system, or

6 automated traffic law violation notice in which the owner

7 may contest the merits of the alleged violation, and

8 during which formal or technical rules of evidence shall

9 not apply; provided, however, that under Section 11-1306

10 of this Code the lessee of a vehicle cited in the violation

11 notice likewise shall be provided an opportunity for a

12 hearing of the same kind afforded the registered owner.

13 The hearings shall be recorded, and the person conducting

14 the hearing on behalf of the traffic compliance

15 administrator shall be empowered to administer oaths and

16 to secure by subpoena both the attendance and testimony of

17 witnesses and the production of relevant books and papers.

18 Persons appearing at a hearing under this Section may be

19 represented by counsel at their expense. The ordinance may

20 also provide for internal administrative review following

21 the decision of the hearing officer.

22 (5) Service of additional notices, sent by first class

23 United States mail, postage prepaid, to the address of the

24 registered owner of the cited vehicle as recorded with the

25 Secretary of State or, if any notice to that address is

26 returned as undeliverable, to the last known address

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1 recorded in a United States Post Office approved database,

2 or, under Section 11-1306 or subsection (p) of Section

3 11-208.6 or 11-208.9, or subsection (p) of Section

4 11-208.8 of this Code, to the lessee of the cited vehicle

5 at the last address known to the lessor of the cited

6 vehicle at the time of lease or, if any notice to that

7 address is returned as undeliverable, to the last known

8 address recorded in a United States Post Office approved

9 database. The service shall be deemed complete as of the

10 date of deposit in the United States mail. The notices

11 shall be in the following sequence and shall include, but

12 not be limited to, the information specified herein:

13 (i) A second notice of parking, standing, or

14 compliance violation if the first notice of the

15 violation was issued by affixing the original or a

16 facsimile of the notice to the unlawfully parked

17 vehicle or by handing the notice to the operator. This

18 notice shall specify or include the date and location

19 of the violation cited in the parking, standing, or

20 compliance violation notice, the particular regulation

21 violated, the vehicle make or a photograph of the

22 vehicle, the state registration number of the vehicle,

23 any requirement to complete a traffic education

24 program, the fine and any penalty that may be assessed

25 for late payment or failure to complete a traffic

26 education program, or both, when so provided by

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1 ordinance, the availability of a hearing in which the

2 violation may be contested on its merits, and the time

3 and manner in which the hearing may be had. The notice

4 of violation shall also state that failure to complete

5 a required traffic education program, to pay the

6 indicated fine and any applicable penalty, or to

7 appear at a hearing on the merits in the time and

8 manner specified, will result in a final determination

9 of violation liability for the cited violation in the

10 amount of the fine or penalty indicated, and that,

11 upon the occurrence of a final determination of

12 violation liability for the failure, and the

13 exhaustion of, or failure to exhaust, available

14 administrative or judicial procedures for review, any

15 incomplete traffic education program or any unpaid

16 fine or penalty, or both, will constitute a debt due

17 and owing the municipality or county.

18 (ii) A notice of final determination of parking,

19 standing, compliance, automated speed enforcement

20 system, or automated traffic law violation liability.

21 This notice shall be sent following a final

22 determination of parking, standing, compliance,

23 automated speed enforcement system, or automated

24 traffic law violation liability and the conclusion of

25 judicial review procedures taken under this Section.

26 The notice shall state that the incomplete traffic

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1 education program or the unpaid fine or penalty, or

2 both, is a debt due and owing the municipality or

3 county. The notice shall contain warnings that failure

4 to complete any required traffic education program or

5 to pay any fine or penalty due and owing the

6 municipality or county, or both, within the time

7 specified may result in the municipality's or county's

8 filing of a petition in the Circuit Court to have the

9 incomplete traffic education program or unpaid fine or

10 penalty, or both, rendered a judgment as provided by

11 this Section, or, where applicable, may result in

12 suspension of the person's driver's license for

13 failure to complete a traffic education program or to

14 pay fines or penalties, or both, for 5 or more

15 automated traffic law violations under Section

16 11-208.6 or 11-208.9 or automated speed enforcement

17 system violations under Section 11-208.8.

18 (6) A notice of impending driver's license suspension.

19 This notice shall be sent to the person liable for failure

20 to complete a required traffic education program or to pay

21 any fine or penalty that remains due and owing, or both, on

22 5 or more unpaid automated speed enforcement system or

23 automated traffic law violations. The notice shall state

24 that failure to complete a required traffic education

25 program or to pay the fine or penalty owing, or both,

26 within 45 days of the notice's date will result in the

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1 municipality or county notifying the Secretary of State

2 that the person is eligible for initiation of suspension

3 proceedings under Section 6-306.5-1 ~~6-306.5~~ of this Code.

4 The notice shall also state that the person may obtain a

5 photostatic copy of an original ticket imposing a fine or

6 penalty by sending a self-addressed, stamped envelope to

7 the municipality or county along with a request for the

8 photostatic copy. The notice of impending driver's license

9 suspension shall be sent by first class United States

10 mail, postage prepaid, to the address recorded with the

11 Secretary of State or, if any notice to that address is

12 returned as undeliverable, to the last known address

13 recorded in a United States Post Office approved database.

14 (7) Final determinations of violation liability. A

15 final determination of violation liability shall occur

16 following failure to complete the required traffic

17 education program or to pay the fine or penalty, or both,

18 after a hearing officer's determination of violation

19 liability and the exhaustion of or failure to exhaust any

20 administrative review procedures provided by ordinance.

21 Where a person fails to appear at a hearing to contest the

22 alleged violation in the time and manner specified in a

23 prior mailed notice, the hearing officer's determination

24 of violation liability shall become final: (A) upon denial

25 of a timely petition to set aside that determination, or

26 (B) upon expiration of the period for filing the petition

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1 without a filing having been made.

2 (8) A petition to set aside a determination of

3 parking, standing, compliance, automated speed enforcement

4 system, or automated traffic law violation liability that

5 may be filed by a person owing an unpaid fine or penalty. A

6 petition to set aside a determination of liability may

7 also be filed by a person required to complete a traffic

8 education program. The petition shall be filed with and

9 ruled upon by the traffic compliance administrator in the

10 manner and within the time specified by ordinance. The

11 grounds for the petition may be limited to: (A) the person

12 not having been the owner or lessee of the cited vehicle on

13 the date the violation notice was issued, (B) the person

14 having already completed the required traffic education

15 program or paid the fine or penalty, or both, for the

16 violation in question, and (C) excusable failure to appear

17 at or request a new date for a hearing. With regard to

18 municipalities or counties with a population of 1 million

19 or more, it shall be grounds for dismissal of a parking

20 violation if the state registration number or vehicle

21 make, only if specified in the violation notice, is

22 incorrect. After the determination of parking, standing,

23 compliance, automated speed enforcement system, or

24 automated traffic law violation liability has been set

25 aside upon a showing of just cause, the registered owner

26 shall be provided with a hearing on the merits for that

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1 violation.

2 (9) Procedures for non-residents. Procedures by which

3 persons who are not residents of the municipality or

4 county may contest the merits of the alleged violation

5 without attending a hearing.

6 (10) A schedule of civil fines for violations of

7 vehicular standing, parking, compliance, automated speed

8 enforcement system, or automated traffic law regulations

9 enacted by ordinance pursuant to this Section, and a

10 schedule of penalties for late payment of the fines or

11 failure to complete required traffic education programs,

12 provided, however, that the total amount of the fine and

13 penalty for any one violation shall not exceed $250,

14 except as provided in subsection (c) of Section 11-1301.3

15 of this Code.

16 (11) Other provisions as are necessary and proper to

17 carry into effect the powers granted and purposes stated

18 in this Section.

19 (b-5) An automated speed enforcement system or automated

20 traffic law ordinance adopted under this Section by a

21 municipality or county shall require that the determination to

22 issue a citation be vested solely with the municipality or

23 county and that such authority may not be delegated to any

24 vendor retained by the municipality or county. Any contract or

25 agreement violating such a provision in the ordinance is null

26 and void.

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1 (c) Any municipality or county establishing vehicular

2 standing, parking, compliance, automated speed enforcement

3 system, or automated traffic law regulations under this

4 Section may also provide by ordinance for a program of vehicle

5 immobilization for the purpose of facilitating enforcement of

6 those regulations. The program of vehicle immobilization shall

7 provide for immobilizing any eligible vehicle upon the public

8 way by presence of a restraint in a manner to prevent operation

9 of the vehicle. Any ordinance establishing a program of

10 vehicle immobilization under this Section shall provide:

11 (1) Criteria for the designation of vehicles eligible

12 for immobilization. A vehicle shall be eligible for

13 immobilization when the registered owner of the vehicle

14 has accumulated the number of incomplete traffic education

15 programs or unpaid final determinations of parking,

16 standing, compliance, automated speed enforcement system,

17 or automated traffic law violation liability, or both, as

18 determined by ordinance.

19 (2) A notice of impending vehicle immobilization and a

20 right to a hearing to challenge the validity of the notice

21 by disproving liability for the incomplete traffic

22 education programs or unpaid final determinations of

23 parking, standing, compliance, automated speed enforcement

24 system, or automated traffic law violation liability, or

25 both, listed on the notice.

26 (3) The right to a prompt hearing after a vehicle has

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1 been immobilized or subsequently towed without the

2 completion of the required traffic education program or

3 payment of the outstanding fines and penalties on parking,

4 standing, compliance, automated speed enforcement system,

5 or automated traffic law violations, or both, for which

6 final determinations have been issued. An order issued

7 after the hearing is a final administrative decision

8 within the meaning of Section 3-101 of the Code of Civil

9 Procedure.

10 (4) A post immobilization and post-towing notice

11 advising the registered owner of the vehicle of the right

12 to a hearing to challenge the validity of the impoundment.

13 (d) Judicial review of final determinations of parking,

14 standing, compliance, automated speed enforcement system, or

15 automated traffic law violations and final administrative

16 decisions issued after hearings regarding vehicle

17 immobilization and impoundment made under this Section shall

18 be subject to the provisions of the Administrative Review Law.

19 (e) Any fine, penalty, incomplete traffic education

20 program, or part of any fine or any penalty remaining unpaid

21 after the exhaustion of, or the failure to exhaust,

22 administrative remedies created under this Section and the

23 conclusion of any judicial review procedures shall be a debt

24 due and owing the municipality or county and, as such, may be

25 collected in accordance with applicable law. Completion of any

26 required traffic education program and payment in full of any

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1 fine or penalty resulting from a standing, parking,

2 compliance, automated speed enforcement system, or automated

3 traffic law violation shall constitute a final disposition of

4 that violation.

5 (f) After the expiration of the period within which

6 judicial review may be sought for a final determination of

7 parking, standing, compliance, automated speed enforcement

8 system, or automated traffic law violation, the municipality

9 or county may commence a proceeding in the Circuit Court for

10 purposes of obtaining a judgment on the final determination of

11 violation. Nothing in this Section shall prevent a

12 municipality or county from consolidating multiple final

13 determinations of parking, standing, compliance, automated

14 speed enforcement system, or automated traffic law violations

15 against a person in a proceeding. Upon commencement of the

16 action, the municipality or county shall file a certified copy

17 or record of the final determination of parking, standing,

18 compliance, automated speed enforcement system, or automated

19 traffic law violation, which shall be accompanied by a

20 certification that recites facts sufficient to show that the

21 final determination of violation was issued in accordance with

22 this Section and the applicable municipal or county ordinance.

23 Service of the summons and a copy of the petition may be by any

24 method provided by Section 2-203 of the Code of Civil

25 Procedure or by certified mail, return receipt requested,

26 provided that the total amount of fines and penalties for

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1 final determinations of parking, standing, compliance,

2 automated speed enforcement system, or automated traffic law

3 violations does not exceed $2500. If the court is satisfied

4 that the final determination of parking, standing, compliance,

5 automated speed enforcement system, or automated traffic law

6 violation was entered in accordance with the requirements of

7 this Section and the applicable municipal or county ordinance,

8 and that the registered owner or the lessee, as the case may

9 be, had an opportunity for an administrative hearing and for

10 judicial review as provided in this Section, the court shall

11 render judgment in favor of the municipality or county and

12 against the registered owner or the lessee for the amount

13 indicated in the final determination of parking, standing,

14 compliance, automated speed enforcement system, or automated

15 traffic law violation, plus costs. The judgment shall have the

16 same effect and may be enforced in the same manner as other

17 judgments for the recovery of money.

18 (g) The fee for participating in a traffic education

19 program under this Section shall not exceed $25.

20 A low-income individual required to complete a traffic

21 education program under this Section who provides proof of

22 eligibility for the federal earned income tax credit under

23 Section 32 of the Internal Revenue Code or the Illinois earned

24 income tax credit under Section 212 of the Illinois Income Tax

25 Act shall not be required to pay any fee for participating in a

26 required traffic education program.

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1 (h) Notwithstanding any other provision of law to the

2 contrary, a person shall not be liable for violations, fees,

3 fines, or penalties under this Section during the period in

4 which the motor vehicle was stolen or hijacked, as indicated

5 in a report to the appropriate law enforcement agency filed in

6 a timely manner.

7 (Source: P.A. 102-558, eff. 8-20-21; 102-905, eff. 1-1-23;

8 103-364, eff. 7-28-23.)

9 (625 ILCS 5/11-208.6)

10 Sec. 11-208.6. Automated traffic law enforcement system.

11 (a) As used in this Section, "automated traffic law

12 enforcement system" means a device with one or more motor

13 vehicle sensors working in conjunction with a red light signal

14 to produce recorded images of motor vehicles entering an

15 intersection against a red signal indication in violation of

16 Section 11-306 of this Code or a similar provision of a local

17 ordinance.

18 An automated traffic law enforcement system is a system,

19 in a municipality or county operated by a governmental agency,

20 that produces a recorded image of a motor vehicle's violation

21 of a provision of this Code or a local ordinance and is

22 designed to obtain a clear recorded image of the vehicle and

23 the vehicle's license plate. The recorded image must also

24 display the time, date, and location of the violation.

25 (b) As used in this Section, "recorded images" means

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1 images recorded by an automated traffic law enforcement system

2 on:

3 (1) 2 or more photographs;

4 (2) 2 or more microphotographs;

5 (3) 2 or more electronic images; or

6 (4) a video recording showing the motor vehicle and,

7 on at least one image or portion of the recording, clearly

8 identifying the registration plate or digital registration

9 plate number of the motor vehicle.

10 (b-5) A municipality or county that produces a recorded

11 image of a motor vehicle's violation of a provision of this

12 Code or a local ordinance must make the recorded images of a

13 violation accessible to the alleged violator by providing the

14 alleged violator with a website address, accessible through

15 the Internet.

16 (c) Except as provided under Section 11-208.8 of this

17 Code, a county or municipality, including a home rule county

18 or municipality, may not use an automated traffic law

19 enforcement system to provide recorded images of a motor

20 vehicle for the purpose of recording its speed. Except as

21 provided under Section 11-208.8 of this Code, the regulation

22 of the use of automated traffic law enforcement systems to

23 record vehicle speeds is an exclusive power and function of

24 the State. This subsection (c) is a denial and limitation of

25 home rule powers and functions under subsection (h) of Section

26 6 of Article VII of the Illinois Constitution.

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1 (c-5) A county or municipality, including a home rule

2 county or municipality, may not use an automated traffic law

3 enforcement system to issue violations in instances where the

4 motor vehicle comes to a complete stop and does not enter the

5 intersection, as defined by Section 1-132 of this Code, during

6 the cycle of the red signal indication unless one or more

7 pedestrians or bicyclists are present, even if the motor

8 vehicle stops at a point past a stop line or crosswalk where a

9 driver is required to stop, as specified in subsection (c) of

10 Section 11-306 of this Code or a similar provision of a local

11 ordinance.

12 (c-6) A county, or a municipality with less than 2,000,000

13 inhabitants, including a home rule county or municipality, may

14 not use an automated traffic law enforcement system to issue

15 violations in instances where a motorcyclist enters an

16 intersection against a red signal indication when the red

17 signal fails to change to a green signal within a reasonable

18 period of time not less than 120 seconds because of a signal

19 malfunction or because the signal has failed to detect the

20 arrival of the motorcycle due to the motorcycle's size or

21 weight.

22 (d) For each violation of a provision of this Code or a

23 local ordinance recorded by an automatic traffic law

24 enforcement system, the county or municipality having

25 jurisdiction shall issue a written notice of the violation to

26 the registered owner of the vehicle as the alleged violator.

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1 The notice shall be delivered to the registered owner of the

2 vehicle, by mail, within 30 days after the Secretary of State

3 notifies the municipality or county of the identity of the

4 owner of the vehicle, but in no event later than 90 days after

5 the violation.

6 The notice shall include:

7 (1) the name and address of the registered owner of

8 the vehicle;

9 (2) the registration number of the motor vehicle

10 involved in the violation;

11 (3) the violation charged;

12 (4) the location where the violation occurred;

13 (5) the date and time of the violation;

14 (6) a copy of the recorded images;

15 (7) the amount of the civil penalty imposed and the

16 requirements of any traffic education program imposed and

17 the date by which the civil penalty should be paid and the

18 traffic education program should be completed;

19 (8) a statement that recorded images are evidence of a

20 violation of a red light signal;

21 (9) a warning that failure to pay the civil penalty,

22 to complete a required traffic education program, or to

23 contest liability in a timely manner is an admission of

24 liability and may result in a suspension of the driving

25 privileges of the registered owner of the vehicle;

26 (10) a statement that the person may elect to proceed

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1 by:

2 (A) paying the fine, completing a required traffic

3 education program, or both; or

4 (B) challenging the charge in court, by mail, or

5 by administrative hearing; and

6 (11) a website address, accessible through the

7 Internet, where the person may view the recorded images of

8 the violation.

9 (e) (Blank).

10 (e-1) If a person charged with a traffic violation, as a

11 result of an automated traffic law enforcement system, does

12 not pay the fine or complete a required traffic education

13 program, or both, or successfully contest the civil penalty

14 resulting from that violation, the Secretary of State shall

15 suspend the driving privileges of the registered owner of the

16 vehicle under Section 6-306.5-1 of this Code for failing to

17 complete a required traffic education program or to pay any

18 fine or penalty due and owing, or both, as a result of a

19 combination of 5 violations of the automated traffic law

20 enforcement system or the automated speed enforcement system

21 under Section 11-208.8 of this Code.

22 (f) Based on inspection of recorded images produced by an

23 automated traffic law enforcement system, a notice alleging

24 that the violation occurred shall be evidence of the facts

25 contained in the notice and admissible in any proceeding

26 alleging a violation under this Section.

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1 (g) Recorded images made by an automatic traffic law

2 enforcement system are confidential and shall be made

3 available only to the alleged violator and governmental and

4 law enforcement agencies for purposes of adjudicating a

5 violation of this Section, for statistical purposes, or for

6 other governmental purposes. Any recorded image evidencing a

7 violation of this Section, however, may be admissible in any

8 proceeding resulting from the issuance of the citation.

9 (h) The court or hearing officer may consider in defense

10 of a violation:

11 (1) that the motor vehicle or registration plates or

12 digital registration plates of the motor vehicle were

13 stolen before the violation occurred and not under the

14 control of or in the possession of the owner or lessee at

15 the time of the violation;

16 (1.5) that the motor vehicle was hijacked before the

17 violation occurred and not under the control of or in the

18 possession of the owner or lessee at the time of the

19 violation;

20 (2) that the driver of the vehicle passed through the

21 intersection when the light was red either (i) in order to

22 yield the right-of-way to an emergency vehicle or (ii) as

23 part of a funeral procession; and

24 (3) any other evidence or issues provided by municipal

25 or county ordinance.

26 (i) To demonstrate that the motor vehicle was hijacked or

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1 the motor vehicle or registration plates or digital

2 registration plates were stolen before the violation occurred

3 and were not under the control or possession of the owner or

4 lessee at the time of the violation, the owner or lessee must

5 submit proof that a report concerning the motor vehicle or

6 registration plates was filed with a law enforcement agency in

7 a timely manner.

8 (j) Unless the driver of the motor vehicle received a

9 Uniform Traffic Citation from a police officer at the time of

10 the violation, the motor vehicle owner is subject to a civil

11 penalty not exceeding $100 or the completion of a traffic

12 education program, or both, plus an additional penalty of not

13 more than $100 for failure to pay the original penalty or to

14 complete a required traffic education program, or both, in a

15 timely manner, if the motor vehicle is recorded by an

16 automated traffic law enforcement system. A violation for

17 which a civil penalty is imposed under this Section is not a

18 violation of a traffic regulation governing the movement of

19 vehicles and may not be recorded on the driving record of the

20 owner of the vehicle.

21 (j-3) A registered owner who is a holder of a valid

22 commercial driver's license is not required to complete a

23 traffic education program.

24 (j-5) For purposes of the required traffic education

25 program only, a registered owner may submit an affidavit to

26 the court or hearing officer swearing that at the time of the

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1 alleged violation, the vehicle was in the custody and control

2 of another person. The affidavit must identify the person in

3 custody and control of the vehicle, including the person's

4 name and current address. The person in custody and control of

5 the vehicle at the time of the violation is required to

6 complete the required traffic education program. If the person

7 in custody and control of the vehicle at the time of the

8 violation completes the required traffic education program,

9 the registered owner of the vehicle is not required to

10 complete a traffic education program.

11 (k) An intersection equipped with an automated traffic law

12 enforcement system must be posted with a sign visible to

13 approaching traffic indicating that the intersection is being

14 monitored by an automated traffic law enforcement system and

15 informing drivers whether, following a stop, a right turn at

16 the intersection is permitted or prohibited.

17 (k-3) A municipality or county that has one or more

18 intersections equipped with an automated traffic law

19 enforcement system must provide notice to drivers by posting

20 the locations of automated traffic law systems on the

21 municipality or county website.

22 (k-5) An intersection equipped with an automated traffic

23 law enforcement system must have a yellow change interval that

24 conforms with the Illinois Manual on Uniform Traffic Control

25 Devices (IMUTCD) published by the Illinois Department of

26 Transportation. Beginning 6 months before it installs an

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1 automated traffic law enforcement system at an intersection, a

2 county or municipality may not change the yellow change

3 interval at that intersection.

4 (k-7) A municipality or county operating an automated

5 traffic law enforcement system shall conduct a statistical

6 analysis to assess the safety impact of each automated traffic

7 law enforcement system at an intersection following

8 installation of the system and every 2 years thereafter. Each

9 statistical analysis shall be based upon the best available

10 crash, traffic, and other data, and shall cover a period of

11 time before and after installation of the system sufficient to

12 provide a statistically valid comparison of safety impact.

13 Each statistical analysis shall be consistent with

14 professional judgment and acceptable industry practice. Each

15 statistical analysis also shall be consistent with the data

16 required for valid comparisons of before and after conditions

17 and shall be conducted within a reasonable period following

18 the installation of the automated traffic law enforcement

19 system. Each statistical analysis required by this subsection

20 (k-7) shall be made available to the public and shall be

21 published on the website of the municipality or county. If a

22 statistical analysis ~~36-month~~ indicates that there has been an

23 increase in the rate of crashes at the approach to the

24 intersection monitored by the system, the municipality or

25 county shall undertake additional studies to determine the

26 cause and severity of the crashes, and may take any action that

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1 it determines is necessary or appropriate to reduce the number

2 or severity of the crashes at that intersection.

3 (k-8) Any municipality or county operating an automated

4 traffic law enforcement system before July 28, 2023 (the

5 effective date of Public Act 103-364) ~~this amendatory Act of~~

6 ~~the 103rd General Assembly~~ shall conduct a statistical

7 analysis to assess the safety impact of each automated traffic

8 law enforcement system at an intersection by no later than one

9 year after July 28, 2023 (the effective date of Public Act

10 103-364 ~~this amendatory Act of the 103rd General Assembly~~ and

11 every 2 years thereafter. The statistical analyses shall be

12 based upon the best available crash, traffic, and other data,

13 and shall cover a period of time before and after installation

14 of the system sufficient to provide a statistically valid

15 comparison of safety impact. The statistical analyses shall be

16 consistent with professional judgment and acceptable industry

17 practice. The statistical analyses also shall be consistent

18 with the data required for valid comparisons of before and

19 after conditions. The statistical analyses required by this

20 subsection shall be made available to the public and shall be

21 published on the website of the municipality or county. If the

22 statistical analysis for any period following installation of

23 the system indicates that there has been an increase in the

24 rate of accidents at the approach to the intersection

25 monitored by the system, the municipality or county shall

26 undertake additional studies to determine the cause and

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1 severity of the accidents, and may take any action that it

2 determines is necessary or appropriate to reduce the number or

3 severity of the accidents at that intersection.

4 (l) The compensation paid for an automated traffic law

5 enforcement system must be based on the value of the equipment

6 or the services provided and may not be based on the number of

7 traffic citations issued or the revenue generated by the

8 system.

9 (l-1) No member of the General Assembly and no officer or

10 employee of a municipality or county shall knowingly accept

11 employment or receive compensation or fees for services from a

12 vendor that provides automated traffic law enforcement system

13 equipment or services to municipalities or counties. No former

14 member of the General Assembly shall, within a period of 2

15 years immediately after the termination of service as a member

16 of the General Assembly, knowingly accept employment or

17 receive compensation or fees for services from a vendor that

18 provides automated traffic law enforcement system equipment or

19 services to municipalities or counties. No former officer or

20 employee of a municipality or county shall, within a period of

21 2 years immediately after the termination of municipal or

22 county employment, knowingly accept employment or receive

23 compensation or fees for services from a vendor that provides

24 automated traffic law enforcement system equipment or services

25 to municipalities or counties.

26 (m) This Section applies only to the counties of Cook,

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1 DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and

2 to municipalities located within those counties.

3 (n) The fee for participating in a traffic education

4 program under this Section shall not exceed $25.

5 A low-income individual required to complete a traffic

6 education program under this Section who provides proof of

7 eligibility for the federal earned income tax credit under

8 Section 32 of the Internal Revenue Code or the Illinois earned

9 income tax credit under Section 212 of the Illinois Income Tax

10 Act shall not be required to pay any fee for participating in a

11 required traffic education program.

12 (o) (Blank).

13 (o-1) A municipality or county shall make a certified

14 report to the Secretary of State pursuant to Section 6-306.5-1

15 of this Code whenever a registered owner of a vehicle has

16 failed to pay any fine or penalty due and owing as a result of

17 a combination of 5 offenses for automated traffic law or speed

18 enforcement system violations.

19 (p) No person who is the lessor of a motor vehicle pursuant

20 to a written lease agreement shall be liable for an automated

21 speed or traffic law enforcement system violation involving

22 such motor vehicle during the period of the lease; provided

23 that upon the request of the appropriate authority received

24 within 120 days after the violation occurred, the lessor

25 provides within 60 days after such receipt the name and

26 address of the lessee. The driver's license number of a lessee

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1 may be subsequently individually requested by the appropriate

2 authority if needed for enforcement of this Section.

3 Upon the provision of information by the lessor pursuant

4 to this subsection, the county or municipality may issue the

5 violation to the lessee of the vehicle in the same manner as it

6 would issue a violation to a registered owner of a vehicle

7 pursuant to this Section, and the lessee may be held liable for

8 the violation.

9 (q) If a county or municipality selects a new vendor for

10 its automated traffic law enforcement system and must, as a

11 consequence, apply for a permit, approval, or other

12 authorization from the Department for reinstallation of one or

13 more malfunctioning components of that system and if, at the

14 time of the application for the permit, approval, or other

15 authorization, the new vendor operates an automated traffic

16 law enforcement system for any other county or municipality in

17 the State, then the Department shall approve or deny the

18 county or municipality's application for the permit, approval,

19 or other authorization within 90 days after its receipt.

20 (r) The Department may revoke any permit, approval, or

21 other authorization granted to a county or municipality for

22 the placement, installation, or operation of an automated

23 traffic law enforcement system if any official or employee who

24 serves that county or municipality is charged with bribery,

25 official misconduct, or a similar crime related to the

26 placement, installation, or operation of the automated traffic

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1 law enforcement system in the county or municipality.

2 The Department shall adopt any rules necessary to

3 implement and administer this subsection. The rules adopted by

4 the Department shall describe the revocation process, shall

5 ensure that notice of the revocation is provided, and shall

6 provide an opportunity to appeal the revocation. Any county or

7 municipality that has a permit, approval, or other

8 authorization revoked under this subsection may not reapply

9 for such a permit, approval, or other authorization for a

10 period of one ~~1~~ year after the revocation.

11 (s) If an automated traffic law enforcement system is

12 removed or rendered inoperable due to construction, then the

13 Department shall authorize the reinstallation or use of the

14 automated traffic law enforcement system within 30 days after

15 the construction is complete.

16 (Source: P.A. 102-905, eff. 1-1-23; 102-982, eff. 7-1-23;

17 103-154, eff. 6-30-23; 103-364, eff. 7-28-23; revised

18 9-19-23.)

19 (625 ILCS 5/11-208.8)

20 Sec. 11-208.8. Automated speed enforcement systems in

21 safety zones.

22 (a) As used in this Section:

23 "Automated speed enforcement system" means a photographic

24 device, radar device, laser device, or other electrical or

25 mechanical device or devices installed or utilized in a safety

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1 zone and designed to record the speed of a vehicle and obtain a

2 clear photograph or other recorded image of the vehicle and

3 the vehicle's registration plate or digital registration plate

4 while the driver is violating Article VI of Chapter 11 of this

5 Code or a similar provision of a local ordinance.

6 An automated speed enforcement system is a system, located

7 in a safety zone which is under the jurisdiction of a

8 municipality, that produces a recorded image of a motor

9 vehicle's violation of a provision of this Code or a local

10 ordinance and is designed to obtain a clear recorded image of

11 the vehicle and the vehicle's license plate. The recorded

12 image must also display the time, date, and location of the

13 violation.

14 "Owner" means the person or entity to whom the vehicle is

15 registered.

16 "Recorded image" means images recorded by an automated

17 speed enforcement system on:

18 (1) 2 or more photographs;

19 (2) 2 or more microphotographs;

20 (3) 2 or more electronic images; or

21 (4) a video recording showing the motor vehicle and,

22 on at least one image or portion of the recording, clearly

23 identifying the registration plate or digital registration

24 plate number of the motor vehicle.

25 "Safety zone" means an area that is within one-eighth of a

26 mile from the nearest property line of any public or private

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1 elementary or secondary school, or from the nearest property

2 line of any facility, area, or land owned by a school district

3 that is used for educational purposes approved by the Illinois

4 State Board of Education, not including school district

5 headquarters or administrative buildings. A safety zone also

6 includes an area that is within one-eighth of a mile from the

7 nearest property line of any facility, area, or land owned by a

8 park district used for recreational purposes. However, if any

9 portion of a roadway is within either one-eighth mile radius,

10 the safety zone also shall include the roadway extended to the

11 furthest portion of the next furthest intersection. The term

12 "safety zone" does not include any portion of the roadway

13 known as Lake Shore Drive or any controlled access highway

14 with 8 or more lanes of traffic.

15 (a-5) The automated speed enforcement system shall be

16 operational and violations shall be recorded only at the

17 following times:

18 (i) if the safety zone is based upon the property line

19 of any facility, area, or land owned by a school district,

20 only on school days and no earlier than 6 a.m. and no later

21 than 8:30 p.m. if the school day is during the period of

22 Monday through Thursday, or 9 p.m. if the school day is a

23 Friday; and

24 (ii) if the safety zone is based upon the property

25 line of any facility, area, or land owned by a park

26 district, no earlier than one hour prior to the time that

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1 the facility, area, or land is open to the public or other

2 patrons, and no later than one hour after the facility,

3 area, or land is closed to the public or other patrons.

4 (b) A municipality that produces a recorded image of a

5 motor vehicle's violation of a provision of this Code or a

6 local ordinance must make the recorded images of a violation

7 accessible to the alleged violator by providing the alleged

8 violator with a website address, accessible through the

9 Internet.

10 (c) Notwithstanding any penalties for any other violations

11 of this Code, the owner of a motor vehicle used in a traffic

12 violation recorded by an automated speed enforcement system

13 shall be subject to the following penalties:

14 (1) if the recorded speed is no less than 6 miles per

15 hour and no more than 10 miles per hour over the legal

16 speed limit, a civil penalty not exceeding $50, plus an

17 additional penalty of not more than $50 for failure to pay

18 the original penalty in a timely manner; or

19 (2) if the recorded speed is more than 10 miles per

20 hour over the legal speed limit, a civil penalty not

21 exceeding $100, plus an additional penalty of not more

22 than $100 for failure to pay the original penalty in a

23 timely manner.

24 A penalty may not be imposed under this Section if the

25 driver of the motor vehicle received a Uniform Traffic

26 Citation from a police officer for a speeding violation

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1 occurring within one-eighth of a mile and 15 minutes of the

2 violation that was recorded by the system. A violation for

3 which a civil penalty is imposed under this Section is not a

4 violation of a traffic regulation governing the movement of

5 vehicles and may not be recorded on the driving record of the

6 owner of the vehicle. A law enforcement officer is not

7 required to be present or to witness the violation. No penalty

8 may be imposed under this Section if the recorded speed of a

9 vehicle is 5 miles per hour or less over the legal speed limit.

10 The municipality may send, in the same manner that notices are

11 sent under this Section, a speed violation warning notice

12 where the violation involves a speed of 5 miles per hour or

13 less above the legal speed limit.

14 (d) The net proceeds that a municipality receives from

15 civil penalties imposed under an automated speed enforcement

16 system, after deducting all non-personnel and personnel costs

17 associated with the operation and maintenance of such system,

18 shall be expended or obligated by the municipality for the

19 following purposes:

20 (i) public safety initiatives to ensure safe passage

21 around schools, and to provide police protection and

22 surveillance around schools and parks, including but not

23 limited to: (1) personnel costs; and (2) non-personnel

24 costs such as construction and maintenance of public

25 safety infrastructure and equipment;

26 (ii) initiatives to improve pedestrian and traffic

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1 safety;

2 (iii) construction and maintenance of infrastructure

3 within the municipality, including but not limited to

4 roads and bridges; and

5 (iv) after school programs.

6 (e) For each violation of a provision of this Code or a

7 local ordinance recorded by an automated speed enforcement

8 system, the municipality having jurisdiction shall issue a

9 written notice of the violation to the registered owner of the

10 vehicle as the alleged violator. The notice shall be delivered

11 to the registered owner of the vehicle, by mail, within 30 days

12 after the Secretary of State notifies the municipality of the

13 identity of the owner of the vehicle, but in no event later

14 than 90 days after the violation.

15 (f) The notice required under subsection (e) of this

16 Section shall include:

17 (1) the name and address of the registered owner of

18 the vehicle;

19 (2) the registration number of the motor vehicle

20 involved in the violation;

21 (3) the violation charged;

22 (4) the date, time, and location where the violation

23 occurred;

24 (5) a copy of the recorded image or images;

25 (6) the amount of the civil penalty imposed and the

26 date by which the civil penalty should be paid;

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1 (7) a statement that recorded images are evidence of a

2 violation of a speed restriction;

3 (8) a warning that failure to pay the civil penalty or

4 to contest liability in a timely manner is an admission of

5 liability and may result in a suspension of the driving

6 privileges of the registered owner of the vehicle;

7 (9) a statement that the person may elect to proceed

8 by:

9 (A) paying the fine; or

10 (B) challenging the charge in court, by mail, or

11 by administrative hearing; and

12 (10) a website address, accessible through the

13 Internet, where the person may view the recorded images of

14 the violation.

15 (g) (Blank).

16 (g-1) If a person charged with a traffic violation, as a

17 result of an automated speed enforcement system, does not pay

18 the fine or successfully contest the civil penalty resulting

19 from that violation, the Secretary of State shall suspend the

20 driving privileges of the registered owner of the vehicle

21 under Section 6-306.5-1 of this Code for failing to pay any

22 fine or penalty due and owing, or both, as a result of a

23 combination of 5 violations of the automated speed enforcement

24 system or the automated traffic law under Section 11-208.6 of

25 this Code.

26 (h) Based on inspection of recorded images produced by an

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1 automated speed enforcement system, a notice alleging that the

2 violation occurred shall be evidence of the facts contained in

3 the notice and admissible in any proceeding alleging a

4 violation under this Section.

5 (i) Recorded images made by an automated speed enforcement

6 system are confidential and shall be made available only to

7 the alleged violator and governmental and law enforcement

8 agencies for purposes of adjudicating a violation of this

9 Section, for statistical purposes, or for other governmental

10 purposes. Any recorded image evidencing a violation of this

11 Section, however, may be admissible in any proceeding

12 resulting from the issuance of the citation.

13 (j) The court or hearing officer may consider in defense

14 of a violation:

15 (1) that the motor vehicle or registration plates or

16 digital registration plates of the motor vehicle were

17 stolen before the violation occurred and not under the

18 control or in the possession of the owner or lessee at the

19 time of the violation;

20 (1.5) that the motor vehicle was hijacked before the

21 violation occurred and not under the control of or in the

22 possession of the owner or lessee at the time of the

23 violation;

24 (2) that the driver of the motor vehicle received a

25 Uniform Traffic Citation from a police officer for a

26 speeding violation occurring within one-eighth of a mile

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1 and 15 minutes of the violation that was recorded by the

2 system; and

3 (3) any other evidence or issues provided by municipal

4 ordinance.

5 (k) To demonstrate that the motor vehicle was hijacked or

6 the motor vehicle or registration plates or digital

7 registration plates were stolen before the violation occurred

8 and were not under the control or possession of the owner or

9 lessee at the time of the violation, the owner or lessee must

10 submit proof that a report concerning the motor vehicle or

11 registration plates was filed with a law enforcement agency in

12 a timely manner.

13 (l) A roadway equipped with an automated speed enforcement

14 system shall be posted with a sign conforming to the national

15 Manual on Uniform Traffic Control Devices that is visible to

16 approaching traffic stating that vehicle speeds are being

17 photo-enforced and indicating the speed limit. The

18 municipality shall install such additional signage as it

19 determines is necessary to give reasonable notice to drivers

20 as to where automated speed enforcement systems are installed.

21 (m) A roadway where a new automated speed enforcement

22 system is installed shall be posted with signs providing 30

23 days notice of the use of a new automated speed enforcement

24 system prior to the issuance of any citations through the

25 automated speed enforcement system.

26 (n) The compensation paid for an automated speed

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1 enforcement system must be based on the value of the equipment

2 or the services provided and may not be based on the number of

3 traffic citations issued or the revenue generated by the

4 system.

5 (n-1) No member of the General Assembly and no officer or

6 employee of a municipality or county shall knowingly accept

7 employment or receive compensation or fees for services from a

8 vendor that provides automated speed enforcement system

9 equipment or services to municipalities or counties. No former

10 member of the General Assembly shall, within a period of 2

11 years immediately after the termination of service as a member

12 of the General Assembly, knowingly accept employment or

13 receive compensation or fees for services from a vendor that

14 provides automated speed enforcement system equipment or

15 services to municipalities or counties. No former officer or

16 employee of a municipality or county shall, within a period of

17 2 years immediately after the termination of municipal or

18 county employment, knowingly accept employment or receive

19 compensation or fees for services from a vendor that provides

20 automated speed enforcement system equipment or services to

21 municipalities or counties.

22 (o) (Blank).

23 (o-1) A municipality shall make a certified report to the

24 Secretary of State pursuant to Section 6-306.5-1 of this Code

25 whenever a registered owner of a vehicle has failed to pay any

26 fine or penalty due and owing as a result of a combination of 5

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1 offenses for automated speed or traffic law enforcement system

2 violations.

3 (p) No person who is the lessor of a motor vehicle pursuant

4 to a written lease agreement shall be liable for an automated

5 speed or traffic law enforcement system violation involving

6 such motor vehicle during the period of the lease; provided

7 that upon the request of the appropriate authority received

8 within 120 days after the violation occurred, the lessor

9 provides within 60 days after such receipt the name and

10 address of the lessee. The driver's ~~drivers~~ license number of

11 a lessee may be subsequently individually requested by the

12 appropriate authority if needed for enforcement of this

13 Section.

14 Upon the provision of information by the lessor pursuant

15 to this subsection, the municipality may issue the violation

16 to the lessee of the vehicle in the same manner as it would

17 issue a violation to a registered owner of a vehicle pursuant

18 to this Section, and the lessee may be held liable for the

19 violation.

20 (q) A municipality using an automated speed enforcement

21 system must provide notice to drivers by publishing the

22 locations of all safety zones where system equipment is

23 installed on the website of the municipality.

24 (r) A municipality operating an automated speed

25 enforcement system shall conduct a statistical analysis to

26 assess the safety impact of the system following installation

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1 of the system and every 2 years thereafter. A municipality

2 operating an automated speed enforcement system before the

3 effective date of this amendatory Act of the 103rd General

4 Assembly shall conduct a statistical analysis to assess the

5 safety impact of the system by no later than one year after the

6 effective date of this amendatory Act of the 103rd General

7 Assembly and every 2 years thereafter. Each statistical

8 analysis shall be based upon the best available crash,

9 traffic, and other data, and shall cover a period of time

10 before and after installation of the system sufficient to

11 provide a statistically valid comparison of safety impact.

12 Each statistical analysis shall be consistent with

13 professional judgment and acceptable industry practice. Each

14 statistical analysis also shall be consistent with the data

15 required for valid comparisons of before and after conditions

16 and shall be conducted within a reasonable period following

17 the installation of the automated traffic law enforcement

18 system. Each statistical analysis required by this subsection

19 shall be made available to the public and shall be published on

20 the website of the municipality.

21 (s) This Section applies only to municipalities with a

22 population of 1,000,000 or more inhabitants.

23 (t) If a county or municipality selects a new vendor for

24 its automated speed enforcement system and must, as a

25 consequence, apply for a permit, approval, or other

26 authorization from the Department for reinstallation of one or

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1 more malfunctioning components of that system and if, at the

2 time of the application for the permit, approval, or other

3 authorization, the new vendor operates an automated speed

4 enforcement system for any other county or municipality in the

5 State, then the Department shall approve or deny the county or

6 municipality's application for the permit, approval, or other

7 authorization within 90 days after its receipt.

8 (u) The Department may revoke any permit, approval, or

9 other authorization granted to a county or municipality for

10 the placement, installation, or operation of an automated

11 speed enforcement system if any official or employee who

12 serves that county or municipality is charged with bribery,

13 official misconduct, or a similar crime related to the

14 placement, installation, or operation of the automated speed

15 enforcement system in the county or municipality.

16 The Department shall adopt any rules necessary to

17 implement and administer this subsection. The rules adopted by

18 the Department shall describe the revocation process, shall

19 ensure that notice of the revocation is provided, and shall

20 provide an opportunity to appeal the revocation. Any county or

21 municipality that has a permit, approval, or other

22 authorization revoked under this subsection may not reapply

23 for such a permit, approval, or other authorization for a

24 period of 1 year after the revocation.

25 (Source: P.A. 102-905, eff. 1-1-23; 103-364, eff. 7-28-23.)

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1 (625 ILCS 5/11-208.9)

2 Sec. 11-208.9. Automated traffic law enforcement system;

3 approaching, overtaking, and passing a school bus.

4 (a) As used in this Section, "automated traffic law

5 enforcement system" means a device with one or more motor

6 vehicle sensors working in conjunction with the visual signals

7 on a school bus, as specified in Sections 12-803 and 12-805 of

8 this Code, to produce recorded images of motor vehicles that

9 fail to stop before meeting or overtaking, from either

10 direction, any school bus stopped at any location for the

11 purpose of receiving or discharging pupils in violation of

12 Section 11-1414 of this Code or a similar provision of a local

13 ordinance.

14 An automated traffic law enforcement system is a system,

15 in a municipality or county operated by a governmental agency,

16 that produces a recorded image of a motor vehicle's violation

17 of a provision of this Code or a local ordinance and is

18 designed to obtain a clear recorded image of the vehicle and

19 the vehicle's license plate. The recorded image must also

20 display the time, date, and location of the violation.

21 (b) As used in this Section, "recorded images" means

22 images recorded by an automated traffic law enforcement system

23 on:

24 (1) 2 or more photographs;

25 (2) 2 or more microphotographs;

26 (3) 2 or more electronic images; or

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1 (4) a video recording showing the motor vehicle and,

2 on at least one image or portion of the recording, clearly

3 identifying the registration plate or digital registration

4 plate number of the motor vehicle.

5 (c) A municipality or county that produces a recorded

6 image of a motor vehicle's violation of a provision of this

7 Code or a local ordinance must make the recorded images of a

8 violation accessible to the alleged violator by providing the

9 alleged violator with a website address, accessible through

10 the Internet.

11 (d) For each violation of a provision of this Code or a

12 local ordinance recorded by an automated traffic law

13 enforcement system, the county or municipality having

14 jurisdiction shall issue a written notice of the violation to

15 the registered owner of the vehicle as the alleged violator.

16 The notice shall be delivered to the registered owner of the

17 vehicle, by mail, within 30 days after the Secretary of State

18 notifies the municipality or county of the identity of the

19 owner of the vehicle, but in no event later than 90 days after

20 the violation.

21 (e) The notice required under subsection (d) shall

22 include:

23 (1) the name and address of the registered owner of

24 the vehicle;

25 (2) the registration number of the motor vehicle

26 involved in the violation;

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1 (3) the violation charged;

2 (4) the location where the violation occurred;

3 (5) the date and time of the violation;

4 (6) a copy of the recorded images;

5 (7) the amount of the civil penalty imposed and the

6 date by which the civil penalty should be paid;

7 (8) a statement that recorded images are evidence of a

8 violation of overtaking or passing a school bus stopped

9 for the purpose of receiving or discharging pupils;

10 (9) a warning that failure to pay the civil penalty or

11 to contest liability in a timely manner is an admission of

12 liability and may result in a suspension of the driving

13 privileges of the registered owner of the vehicle;

14 (10) a statement that the person may elect to proceed

15 by:

16 (A) paying the fine; or

17 (B) challenging the charge in court, by mail, or

18 by administrative hearing; and

19 (11) a website address, accessible through the

20 Internet, where the person may view the recorded images of

21 the violation.

22 (f) (Blank).

23 (f-1) If a person charged with a traffic violation, as a

24 result of an automated traffic law enforcement system under

25 this Section, does not pay the fine or successfully contest

26 the civil penalty resulting from that violation, the Secretary

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1 of State shall suspend the driving privileges of the

2 registered owner of the vehicle under Section 6-306.5-1 of

3 this Code for failing to pay any fine or penalty due and owing

4 as a result of a combination of 5 violations of the automated

5 traffic law enforcement system or the automated speed

6 enforcement system under Section 11-208.8 of this Code.

7 (g) Based on inspection of recorded images produced by an

8 automated traffic law enforcement system, a notice alleging

9 that the violation occurred shall be evidence of the facts

10 contained in the notice and admissible in any proceeding

11 alleging a violation under this Section.

12 (h) Recorded images made by an automated traffic law

13 enforcement system are confidential and shall be made

14 available only to the alleged violator and governmental and

15 law enforcement agencies for purposes of adjudicating a

16 violation of this Section, for statistical purposes, or for

17 other governmental purposes. Any recorded image evidencing a

18 violation of this Section, however, may be admissible in any

19 proceeding resulting from the issuance of the citation.

20 (i) The court or hearing officer may consider in defense

21 of a violation:

22 (1) that the motor vehicle or registration plates or

23 digital registration plates of the motor vehicle were

24 stolen before the violation occurred and not under the

25 control of or in the possession of the owner or lessee at

26 the time of the violation;

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1 (1.5) that the motor vehicle was hijacked before the

2 violation occurred and not under the control of or in the

3 possession of the owner or lessee at the time of the

4 violation;

5 (2) that the driver of the motor vehicle received a

6 Uniform Traffic Citation from a police officer for a

7 violation of Section 11-1414 of this Code within

8 one-eighth of a mile and 15 minutes of the violation that

9 was recorded by the system;

10 (3) that the visual signals required by Sections

11 12-803 and 12-805 of this Code were damaged, not

12 activated, not present in violation of Sections 12-803 and

13 12-805, or inoperable; and

14 (4) any other evidence or issues provided by municipal

15 or county ordinance.

16 (j) To demonstrate that the motor vehicle was hijacked or

17 the motor vehicle or registration plates or digital

18 registration plates were stolen before the violation occurred

19 and were not under the control or possession of the owner or

20 lessee at the time of the violation, the owner or lessee must

21 submit proof that a report concerning the motor vehicle or

22 registration plates was filed with a law enforcement agency in

23 a timely manner.

24 (k) Unless the driver of the motor vehicle received a

25 Uniform Traffic Citation from a police officer at the time of

26 the violation, the motor vehicle owner is subject to a civil

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1 penalty not exceeding $150 for a first time violation or $500

2 for a second or subsequent violation, plus an additional

3 penalty of not more than $100 for failure to pay the original

4 penalty in a timely manner, if the motor vehicle is recorded by

5 an automated traffic law enforcement system. A violation for

6 which a civil penalty is imposed under this Section is not a

7 violation of a traffic regulation governing the movement of

8 vehicles and may not be recorded on the driving record of the

9 owner of the vehicle, but may be recorded by the municipality

10 or county for the purpose of determining if a person is subject

11 to the higher fine for a second or subsequent offense.

12 (l) A school bus equipped with an automated traffic law

13 enforcement system must be posted with a sign indicating that

14 the school bus is being monitored by an automated traffic law

15 enforcement system.

16 (m) A municipality or county that has one or more school

17 buses equipped with an automated traffic law enforcement

18 system must provide notice to drivers by posting a list of

19 school districts using school buses equipped with an automated

20 traffic law enforcement system on the municipality or county

21 website. School districts that have one or more school buses

22 equipped with an automated traffic law enforcement system must

23 provide notice to drivers by posting that information on their

24 websites.

25 (n) A municipality or county operating an automated

26 traffic law enforcement system shall conduct a statistical

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1 analysis to assess the safety impact in each school district

2 using school buses equipped with an automated traffic law

3 enforcement system following installation of the system and

4 every 2 years thereafter. A municipality or county operating

5 an automated speed enforcement system before the effective

6 date of this amendatory Act of the 103rd General Assembly

7 shall conduct a statistical analysis to assess the safety

8 impact of the system by no later than one year after the

9 effective date of this amendatory Act of the 103rd General

10 Assembly and every 2 years thereafter. Each statistical

11 analysis shall be based upon the best available crash,

12 traffic, and other data, and shall cover a period of time

13 before and after installation of the system sufficient to

14 provide a statistically valid comparison of safety impact.

15 Each statistical analysis shall be consistent with

16 professional judgment and acceptable industry practice. Each

17 statistical analysis also shall be consistent with the data

18 required for valid comparisons of before and after conditions

19 and shall be conducted within a reasonable period following

20 the installation of the automated traffic law enforcement

21 system. Each statistical analysis required by this subsection

22 shall be made available to the public and shall be published on

23 the website of the municipality or county. If a statistical

24 analysis indicates that there has been an increase in the rate

25 of crashes at the approach to school buses monitored by the

26 system, the municipality or county shall undertake additional

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1 studies to determine the cause and severity of the crashes,

2 and may take any action that it determines is necessary or

3 appropriate to reduce the number or severity of the crashes

4 involving school buses equipped with an automated traffic law

5 enforcement system.

6 (o) The compensation paid for an automated traffic law

7 enforcement system must be based on the value of the equipment

8 or the services provided and may not be based on the number of

9 traffic citations issued or the revenue generated by the

10 system.

11 (o-1) No member of the General Assembly and no officer or

12 employee of a municipality or county shall knowingly accept

13 employment or receive compensation or fees for services from a

14 vendor that provides automated traffic law enforcement system

15 equipment or services to municipalities or counties. No former

16 member of the General Assembly shall, within a period of 2

17 years immediately after the termination of service as a member

18 of the General Assembly, knowingly accept employment or

19 receive compensation or fees for services from a vendor that

20 provides automated traffic law enforcement system equipment or

21 services to municipalities or counties. No former officer or

22 employee of a municipality or county shall, within a period of

23 2 years immediately after the termination of municipal or

24 county employment, knowingly accept employment or receive

25 compensation or fees for services from a vendor that provides

26 automated traffic law enforcement system equipment or services

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1 to municipalities or counties.

2 (p) No person who is the lessor of a motor vehicle pursuant

3 to a written lease agreement shall be liable for an automated

4 speed or traffic law enforcement system violation involving

5 such motor vehicle during the period of the lease; provided

6 that upon the request of the appropriate authority received

7 within 120 days after the violation occurred, the lessor

8 provides within 60 days after such receipt the name and

9 address of the lessee. The driver's license number of a lessee

10 may be subsequently individually requested by the appropriate

11 authority if needed for enforcement of this Section.

12 Upon the provision of information by the lessor pursuant

13 to this subsection, the county or municipality may issue the

14 violation to the lessee of the vehicle in the same manner as it

15 would issue a violation to a registered owner of a vehicle

16 pursuant to this Section, and the lessee may be held liable for

17 the violation.

18 (q) (Blank).

19 (q-1) A municipality or county shall make a certified

20 report to the Secretary of State pursuant to Section 6-306.5-1

21 of this Code whenever a registered owner of a vehicle has

22 failed to pay any fine or penalty due and owing as a result of

23 a combination of 5 offenses for automated traffic law or speed

24 enforcement system violations.

25 (r) After a municipality or county enacts an ordinance

26 providing for automated traffic law enforcement systems under

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1 this Section, each school district within that municipality or

2 county's jurisdiction may implement an automated traffic law

3 enforcement system under this Section. The elected school

4 board for that district must approve the implementation of an

5 automated traffic law enforcement system. The school district

6 shall be responsible for entering into a contract, approved by

7 the elected school board of that district, with vendors for

8 the installation, maintenance, and operation of the automated

9 traffic law enforcement system. The school district must enter

10 into an intergovernmental agreement, approved by the elected

11 school board of that district, with the municipality or county

12 with jurisdiction over that school district for the

13 administration of the automated traffic law enforcement

14 system. The proceeds from a school district's automated

15 traffic law enforcement system's fines shall be divided

16 equally between the school district and the municipality or

17 county administering the automated traffic law enforcement

18 system.

19 (s) If a county or municipality changes the vendor it uses

20 for its automated traffic law enforcement system and must, as

21 a consequence, apply for a permit, approval, or other

22 authorization from the Department for reinstallation of one or

23 more malfunctioning components of that system and if, at the

24 time of the application, the new vendor operates an automated

25 traffic law enforcement system for any other county or

26 municipality in the State, then the Department shall approve

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1 or deny the county or municipality's application for that

2 permit, approval, or other authorization within 90 days after

3 its receipt.

4 (t) The Department may revoke any permit, approval, or

5 other authorization granted to a county or municipality for

6 the placement, installation, or operation of an automated

7 traffic law enforcement system if any official or employee who

8 serves that county or municipality is charged with bribery,

9 official misconduct, or a similar crime related to the

10 placement, installation, or operation of the automated traffic

11 law enforcement system in the county or municipality.

12 The Department shall adopt any rules necessary to

13 implement and administer this subsection. The rules adopted by

14 the Department shall describe the revocation process, shall

15 ensure that notice of the revocation is provided, and shall

16 provide an opportunity to appeal the revocation. Any county or

17 municipality that has a permit, approval, or other

18 authorization revoked under this subsection may not reapply

19 for such a permit, approval, or other authorization for a

20 period of 1 year after the revocation.

21 (Source: P.A. 102-905, eff. 1-1-23; 102-982, eff. 7-1-23;

22 103-154, eff. 6-30-23; 103-364, eff. 7-28-23.)

23 (625 ILCS 5/11-1201.1)

24 Sec. 11-1201.1. Automated railroad crossing enforcement

25 system.

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1 (a) For the purposes of this Section, an automated

2 railroad grade crossing enforcement system is a system in a

3 municipality or county operated by a governmental agency that

4 produces a recorded image of a motor vehicle's violation of a

5 provision of this Code or local ordinance and is designed to

6 obtain a clear recorded image of the vehicle and vehicle's

7 license plate. The recorded image must also display the time,

8 date, and location of the violation.

9 As used in this Section, "recorded images" means images

10 recorded by an automated railroad grade crossing enforcement

11 system on:

12 (1) 2 or more photographs;

13 (2) 2 or more microphotographs;

14 (3) 2 or more electronic images; or

15 (4) a video recording showing the motor vehicle and,

16 on at least one image or portion of the recording, clearly

17 identifying the registration plate or digital registration

18 plate number of the motor vehicle.

19 (b) The Illinois Commerce Commission may, in cooperation

20 with a local law enforcement agency, establish in any county

21 or municipality an automated railroad grade crossing

22 enforcement system at any railroad grade crossing equipped

23 with a crossing gate designated by local authorities. Local

24 authorities desiring the establishment of an automated

25 railroad crossing enforcement system must initiate the process

26 by enacting a local ordinance requesting the creation of such

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1 a system. After the ordinance has been enacted, and before any

2 additional steps toward the establishment of the system are

3 undertaken, the local authorities and the Commission must

4 agree to a plan for obtaining, from any combination of

5 federal, State, and local funding sources, the moneys required

6 for the purchase and installation of any necessary equipment.

7 (b-1) (Blank).

8 (c) For each violation of Section 11-1201 of this Code or a

9 local ordinance recorded by an automated railroad grade

10 crossing enforcement system, the county or municipality having

11 jurisdiction shall issue a written notice of the violation to

12 the registered owner of the vehicle as the alleged violator.

13 The notice shall be delivered to the registered owner of the

14 vehicle, by mail, no later than 90 days after the violation.

15 The notice shall include:

16 (1) the name and address of the registered owner of

17 the vehicle;

18 (2) the registration number of the motor vehicle

19 involved in the violation;

20 (3) the violation charged;

21 (4) the location where the violation occurred;

22 (5) the date and time of the violation;

23 (6) a copy of the recorded images;

24 (7) the amount of the civil penalty imposed and the

25 date by which the civil penalty should be paid;

26 (8) a statement that recorded images are evidence of a

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1 violation of a railroad grade crossing;

2 (9) a warning that failure to pay the civil penalty or

3 to contest liability in a timely manner is an admission of

4 liability and may result in a suspension of the driving

5 privileges of the registered owner of the vehicle; and

6 (10) a statement that the person may elect to proceed

7 by:

8 (A) paying the fine; or

9 (B) challenging the charge in court, by mail, or

10 by administrative hearing.

11 (d) (Blank).

12 (d-1) (Blank).

13 (d-2) (Blank).

14 (d-3) If a person charged with a traffic violation, as a

15 result of an automated railroad grade crossing enforcement

16 system, does not pay or successfully contest the civil penalty

17 resulting from that violation, the Secretary of State shall

18 suspend the driving privileges of the registered owner of the

19 vehicle under Section 6-306.5-1 of this Code for failing to

20 pay any fine or penalty due and owing as a result of 5

21 violations of the automated railroad grade crossing

22 enforcement system.

23 (e) Based on inspection of recorded images produced by an

24 automated railroad grade crossing enforcement system, a notice

25 alleging that the violation occurred shall be evidence of the

26 facts contained in the notice and admissible in any proceeding

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1 alleging a violation under this Section.

2 (e-1) Recorded images made by an automated railroad grade

3 crossing enforcement system are confidential and shall be made

4 available only to the alleged violator and governmental and

5 law enforcement agencies for purposes of adjudicating a

6 violation of this Section, for statistical purposes, or for

7 other governmental purposes. Any recorded image evidencing a

8 violation of this Section, however, may be admissible in any

9 proceeding resulting from the issuance of the citation.

10 (e-2) The court or hearing officer may consider the

11 following in the defense of a violation:

12 (1) that the motor vehicle or registration plates or

13 digital registration plates of the motor vehicle were

14 stolen before the violation occurred and not under the

15 control of or in the possession of the owner or lessee at

16 the time of the violation;

17 (1.5) that the motor vehicle was hijacked before the

18 violation occurred and not under the control of or in the

19 possession of the owner or lessee at the time of the

20 violation;

21 (2) that the driver of the motor vehicle received a

22 Uniform Traffic Citation from a police officer at the time

23 of the violation for the same offense;

24 (3) any other evidence or issues provided by municipal

25 or county ordinance.

26 (e-3) To demonstrate that the motor vehicle was hijacked

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1 or the motor vehicle or registration plates or digital

2 registration plates were stolen before the violation occurred

3 and were not under the control or possession of the owner or

4 lessee at the time of the violation, the owner or lessee must

5 submit proof that a report concerning the motor vehicle or

6 registration plates was filed with a law enforcement agency in

7 a timely manner.

8 (f) Rail crossings equipped with an automatic railroad

9 grade crossing enforcement system shall be posted with a sign

10 visible to approaching traffic stating that the railroad grade

11 crossing is being monitored, that citations will be issued,

12 and the amount of the fine for violation.

13 (g) The compensation paid for an automated railroad grade

14 crossing enforcement system must be based on the value of the

15 equipment or the services provided and may not be based on the

16 number of citations issued or the revenue generated by the

17 system.

18 (h) (Blank).

19 (i) If any part or parts of this Section are held by a

20 court of competent jurisdiction to be unconstitutional, the

21 unconstitutionality shall not affect the validity of the

22 remaining parts of this Section. The General Assembly hereby

23 declares that it would have passed the remaining parts of this

24 Section if it had known that the other part or parts of this

25 Section would be declared unconstitutional.

26 (j) Penalty. A civil fine of $250 shall be imposed for a

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1 first violation of this Section, and a civil fine of $500 shall

2 be imposed for a second or subsequent violation of this

3 Section.

4 (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;

5 102-813, eff. 5-13-22; 102-905, eff. 1-1-23.)

6 Section 205. The Illinois Vehicle Code is amended by

7 changing Sections 6-303, 6-306.5-1, and 6-306.9 and by adding

8 Sections 4-214.2 and 6-306.5-1 as follows:

9 (625 ILCS 5/4-214.2 new)

10 Sec. 4-214.2. Failure to pay fines, charges, and costs on

11 an abandoned vehicle.

12 (a) Whenever any resident of this State fails to pay any

13 fine, charge, or cost imposed for a violation of Section 4-201

14 of this Code, or a similar provision of a local ordinance, the

15 clerk shall notify the Secretary of State, on a report

16 prescribed by the Secretary, and the Secretary shall prohibit

17 the renewal, reissue, or reinstatement of the resident's

18 driving privileges until the fine, charge, or cost has been

19 paid in full. The clerk shall provide notice to the owner, at

20 the owner's last known address as shown on the court's

21 records, stating that the action will be effective on the 46th

22 day following the date of the above notice if payment is not

23 received in full by the court of venue.

24 (b) Following receipt of the report from the clerk, the

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1 Secretary of State shall make the proper notation to the

2 owner's file to prohibit the renewal, reissue, or

3 reinstatement of the owner's driving privileges. Except as

4 provided in subsection (d) of this Section, the notation shall

5 not be removed from the owner's record until the owner

6 satisfies the outstanding fine, charge, or cost and an

7 appropriate notice on a form prescribed by the Secretary is

8 received by the Secretary from the court of venue, stating

9 that the fine, charge, or cost has been paid in full. Upon

10 payment in full of a fine, charge, or court cost which has

11 previously been reported under this Section as unpaid, the

12 clerk of the court shall present the owner with a signed

13 receipt containing the seal of the court indicating that the

14 fine, charge, or cost has been paid in full, and shall forward

15 immediately to the Secretary of State a notice stating that

16 the fine, charge, or cost has been paid in full.

17 (c) Notwithstanding the receipt of a report from the clerk

18 as prescribed in subsection (a), nothing in this Section is

19 intended to place any responsibility upon the Secretary of

20 State to provide independent notice to the owner of any

21 potential action to disallow the renewal, reissue, or

22 reinstatement of the owner's driving privileges.

23 (d) The Secretary of State shall renew, reissue, or

24 reinstate an owner's driving privileges which were previously

25 refused under this Section upon presentation of an original

26 receipt which is signed by the clerk of the court and contains

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1 the seal of the court indicating that the fine, charge, or cost

2 has been paid in full. The Secretary of State shall retain the

3 receipt for his or her records.

4 (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)

5 Sec. 6-303. Driving while driver's license, permit, or

6 privilege to operate a motor vehicle is suspended or revoked.

7 (a) Except as otherwise provided in subsection (a-5) or

8 (a-7), any person who drives or is in actual physical control

9 of a motor vehicle on any highway of this State at a time when

10 such person's driver's license, permit, or privilege to do so

11 or the privilege to obtain a driver's license or permit is

12 revoked or suspended as provided by this Code or the law of

13 another state, except as may be specifically allowed by a

14 judicial driving permit issued prior to January 1, 2009,

15 monitoring device driving permit, family financial

16 responsibility driving permit, probationary license to drive,

17 or a restricted driving permit issued pursuant to this Code or

18 under the law of another state, shall be guilty of a Class A

19 misdemeanor.

20 (a-3) A second or subsequent violation of subsection (a)

21 of this Section is a Class 4 felony if committed by a person

22 whose driving or operation of a motor vehicle is the proximate

23 cause of a motor vehicle crash that causes personal injury or

24 death to another. For purposes of this subsection, a personal

25 injury includes any Type A injury as indicated on the traffic

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1 crash report completed by a law enforcement officer that

2 requires immediate professional attention in either a doctor's

3 office or a medical facility. A Type A injury includes severe

4 bleeding wounds, distorted extremities, and injuries that

5 require the injured party to be carried from the scene.

6 (a-5) Any person who violates this Section as provided in

7 subsection (a) while his or her driver's license, permit, or

8 privilege is revoked because of a violation of Section 9-3 of

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

10 relating to the offense of reckless homicide, or a violation

11 of subparagraph (F) of paragraph (1) of subsection (d) of

12 Section 11-501 of this Code, relating to the offense of

13 aggravated driving under the influence of alcohol, other drug

14 or drugs, or intoxicating compound or compounds, or any

15 combination thereof when the violation was a proximate cause

16 of a death, or a similar provision of a law of another state,

17 is guilty of a Class 4 felony. The person shall be required to

18 undergo a professional evaluation, as provided in Section

19 11-501 of this Code, to determine if an alcohol, drug, or

20 intoxicating compound problem exists and the extent of the

21 problem, and to undergo the imposition of treatment as

22 appropriate.

23 (a-7) Any person who violates this Section as provided in

24 subsection (a) while his or her driver's license or privilege

25 to drive is suspended under Section 6-306.5-1 ~~6-306.5~~ or 7-702

26 of this Code shall receive a Uniform Traffic Citation from the

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1 law enforcement officer. A person who receives 3 or more

2 Uniform Traffic Citations under this subsection (a-7) without

3 paying any fees associated with the citations shall be guilty

4 of a Class A misdemeanor.

5 (a-10) A person's driver's license, permit, or privilege

6 to obtain a driver's license or permit may be subject to

7 multiple revocations, multiple suspensions, or any combination

8 of both simultaneously. No revocation or suspension shall

9 serve to negate, invalidate, cancel, postpone, or in any way

10 lessen the effect of any other revocation or suspension

11 entered prior or subsequent to any other revocation or

12 suspension.

13 (b) (Blank).

14 (b-1) Except for a person under subsection (a-7) of this

15 Section, upon receiving a report of the conviction of any

16 violation indicating a person was operating a motor vehicle

17 during the time when the person's driver's license, permit, or

18 privilege was suspended by the Secretary of State or the

19 driver's licensing administrator of another state, except as

20 specifically allowed by a probationary license, judicial

21 driving permit, restricted driving permit, or monitoring

22 device driving permit, the Secretary shall extend the

23 suspension for the same period of time as the originally

24 imposed suspension unless the suspension has already expired,

25 in which case the Secretary shall be authorized to suspend the

26 person's driving privileges for the same period of time as the

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1 originally imposed suspension.

2 (b-2) Except as provided in subsection (b-6) or (a-7),

3 upon receiving a report of the conviction of any violation

4 indicating a person was operating a motor vehicle when the

5 person's driver's license, permit, or privilege was revoked by

6 the Secretary of State or the driver's license administrator

7 of any other state, except as specifically allowed by a

8 restricted driving permit issued pursuant to this Code or the

9 law of another state, the Secretary shall not issue a driver's

10 license for an additional period of one year from the date of

11 such conviction indicating such person was operating a vehicle

12 during such period of revocation.

13 (b-3) (Blank).

14 (b-4) When the Secretary of State receives a report of a

15 conviction of any violation indicating a person was operating

16 a motor vehicle that was not equipped with an ignition

17 interlock device during a time when the person was prohibited

18 from operating a motor vehicle not equipped with such a

19 device, the Secretary shall not issue a driver's license to

20 that person for an additional period of one year from the date

21 of the conviction.

22 (b-5) Any person convicted of violating this Section shall

23 serve a minimum term of imprisonment of 30 consecutive days or

24 300 hours of community service when the person's driving

25 privilege was revoked or suspended as a result of a violation

26 of Section 9-3 of the Criminal Code of 1961 or the Criminal

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1 Code of 2012, relating to the offense of reckless homicide, or

2 a violation of subparagraph (F) of paragraph (1) of subsection

3 (d) of Section 11-501 of this Code, relating to the offense of

4 aggravated driving under the influence of alcohol, other drug

5 or drugs, or intoxicating compound or compounds, or any

6 combination thereof when the violation was a proximate cause

7 of a death, or a similar provision of a law of another state.

8 The court may give credit toward the fulfillment of community

9 service hours for participation in activities and treatment as

10 determined by court services.

11 (b-6) Upon receiving a report of a first conviction of

12 operating a motor vehicle while the person's driver's license,

13 permit, or privilege was revoked where the revocation was for

14 a violation of Section 9-3 of the Criminal Code of 1961 or the

15 Criminal Code of 2012 relating to the offense of reckless

16 homicide, or a violation of subparagraph (F) of paragraph (1)

17 of subsection (d) of Section 11-501 of this Code, relating to

18 the offense of aggravated driving under the influence of

19 alcohol, other drug or drugs, or intoxicating compound or

20 compounds, or any combination thereof when the violation was a

21 proximate cause of a death, or a similar out-of-state offense,

22 the Secretary shall not issue a driver's license for an

23 additional period of 3 years from the date of such conviction.

24 (c) Except as provided in subsections (c-3) and (c-4), any

25 person convicted of violating this Section shall serve a

26 minimum term of imprisonment of 10 consecutive days or 30 days

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1 of community service when the person's driving privilege was

2 revoked or suspended as a result of:

3 (1) a violation of Section 11-501 of this Code or a

4 similar provision of a local ordinance relating to the

5 offense of operating or being in physical control of a

6 vehicle while under the influence of alcohol, any other

7 drug or any combination thereof; or

8 (2) a violation of paragraph (b) of Section 11-401 of

9 this Code or a similar provision of a local ordinance

10 relating to the offense of leaving the scene of a motor

11 vehicle crash involving personal injury or death; or

12 (3) a statutory summary suspension or revocation under

13 Section 11-501.1 of this Code.

14 Such sentence of imprisonment or community service shall

15 not be subject to suspension in order to reduce such sentence.

16 (c-1) Except as provided in subsections (a-7), (c-5), and

17 (d), any person convicted of a second violation of this

18 Section shall be ordered by the court to serve a minimum of 100

19 hours of community service. The court may give credit toward

20 the fulfillment of community service hours for participation

21 in activities and treatment as determined by court services.

22 (c-2) In addition to other penalties imposed under this

23 Section, the court may impose on any person convicted a fourth

24 time of violating this Section any of the following:

25 (1) Seizure of the license plates of the person's

26 vehicle.

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1 (2) Immobilization of the person's vehicle for a

2 period of time to be determined by the court.

3 (c-3) Any person convicted of a violation of this Section

4 during a period of summary suspension imposed pursuant to

5 Section 11-501.1 when the person was eligible for a monitoring

6 device driving permit shall be guilty of a Class 4 felony and

7 shall serve a minimum term of imprisonment of 30 days.

8 (c-4) Any person who has been issued a monitoring device

9 driving permit or a restricted driving permit which requires

10 the person to operate only motor vehicles equipped with an

11 ignition interlock device and who is convicted of a violation

12 of this Section as a result of operating or being in actual

13 physical control of a motor vehicle not equipped with an

14 ignition interlock device at the time of the offense shall be

15 guilty of a Class 4 felony and shall serve a minimum term of

16 imprisonment of 30 days.

17 (c-5) Any person convicted of a second violation of this

18 Section is guilty of a Class 2 felony, is not eligible for

19 probation or conditional discharge, and shall serve a

20 mandatory term of imprisonment, if:

21 (1) the current violation occurred when the person's

22 driver's license was suspended or revoked for a violation

23 of Section 9-3 of the Criminal Code of 1961 or the Criminal

24 Code of 2012, relating to the offense of reckless

25 homicide, or a violation of subparagraph (F) of paragraph

26 (1) of subsection (d) of Section 11-501 of this Code,

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1 relating to the offense of aggravated driving under the

2 influence of alcohol, other drug or drugs, or intoxicating

3 compound or compounds, or any combination thereof when the

4 violation was a proximate cause of a death, or a similar

5 out-of-state offense; and

6 (2) the prior conviction under this Section occurred

7 while the person's driver's license was suspended or

8 revoked for a violation of Section 9-3 of the Criminal

9 Code of 1961 or the Criminal Code of 2012 relating to the

10 offense of reckless homicide, or a violation of

11 subparagraph (F) of paragraph (1) of subsection (d) of

12 Section 11-501 of this Code, relating to the offense of

13 aggravated driving under the influence of alcohol, other

14 drug or drugs, or intoxicating compound or compounds, or

15 any combination thereof when the violation was a proximate

16 cause of a death, or a similar out-of-state offense, or

17 was suspended or revoked for a violation of Section 11-401

18 or 11-501 of this Code, a similar out-of-state offense, a

19 similar provision of a local ordinance, or a statutory

20 summary suspension or revocation under Section 11-501.1 of

21 this Code.

22 (d) Any person convicted of a second violation of this

23 Section shall be guilty of a Class 4 felony and shall serve a

24 minimum term of imprisonment of 30 days or 300 hours of

25 community service, as determined by the court, if:

26 (1) the current violation occurred when the person's

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1 driver's license was suspended or revoked for a violation

2 of Section 11-401 or 11-501 of this Code, a similar

3 out-of-state offense, a similar provision of a local

4 ordinance, or a statutory summary suspension or revocation

5 under Section 11-501.1 of this Code; and

6 (2) the prior conviction under this Section occurred

7 while the person's driver's license was suspended or

8 revoked for a violation of Section 11-401 or 11-501 of

9 this Code, a similar out-of-state offense, a similar

10 provision of a local ordinance, or a statutory summary

11 suspension or revocation under Section 11-501.1 of this

12 Code, or for a violation of Section 9-3 of the Criminal

13 Code of 1961 or the Criminal Code of 2012, relating to the

14 offense of reckless homicide, or a violation of

15 subparagraph (F) of paragraph (1) of subsection (d) of

16 Section 11-501 of this Code, relating to the offense of

17 aggravated driving under the influence of alcohol, other

18 drug or drugs, or intoxicating compound or compounds, or

19 any combination thereof when the violation was a proximate

20 cause of a death, or a similar out-of-state offense.

21 The court may give credit toward the fulfillment of

22 community service hours for participation in activities and

23 treatment as determined by court services.

24 (d-1) Except as provided in subsections (a-7), (d-2),

25 (d-2.5), and (d-3), any person convicted of a third or

26 subsequent violation of this Section shall serve a minimum

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1 term of imprisonment of 30 days or 300 hours of community

2 service, as determined by the court. The court may give credit

3 toward the fulfillment of community service hours for

4 participation in activities and treatment as determined by

5 court services.

6 (d-2) Any person convicted of a third violation of this

7 Section is guilty of a Class 4 felony and must serve a minimum

8 term of imprisonment of 30 days, if:

9 (1) the current violation occurred when the person's

10 driver's license was suspended or revoked for a violation

11 of Section 11-401 or 11-501 of this Code, or a similar

12 out-of-state offense, or a similar provision of a local

13 ordinance, or a statutory summary suspension or revocation

14 under Section 11-501.1 of this Code; and

15 (2) the prior convictions under this Section occurred

16 while the person's driver's license was suspended or

17 revoked for a violation of Section 11-401 or 11-501 of

18 this Code, a similar out-of-state offense, a similar

19 provision of a local ordinance, or a statutory summary

20 suspension or revocation under Section 11-501.1 of this

21 Code, or for a violation of Section 9-3 of the Criminal

22 Code of 1961 or the Criminal Code of 2012, relating to the

23 offense of reckless homicide, or a violation of

24 subparagraph (F) of paragraph (1) of subsection (d) of

25 Section 11-501 of this Code, relating to the offense of

26 aggravated driving under the influence of alcohol, other

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1 drug or drugs, or intoxicating compound or compounds, or

2 any combination thereof when the violation was a proximate

3 cause of a death, or a similar out-of-state offense.

4 (d-2.5) Any person convicted of a third violation of this

5 Section is guilty of a Class 1 felony, is not eligible for

6 probation or conditional discharge, and must serve a mandatory

7 term of imprisonment, if:

8 (1) the current violation occurred while the person's

9 driver's license was suspended or revoked for a violation

10 of Section 9-3 of the Criminal Code of 1961 or the Criminal

11 Code of 2012, relating to the offense of reckless

12 homicide, or a violation of subparagraph (F) of paragraph

13 (1) of subsection (d) of Section 11-501 of this Code,

14 relating to the offense of aggravated driving under the

15 influence of alcohol, other drug or drugs, or intoxicating

16 compound or compounds, or any combination thereof when the

17 violation was a proximate cause of a death, or a similar

18 out-of-state offense. The person's driving privileges

19 shall be revoked for the remainder of the person's life;

20 and

21 (2) the prior convictions under this Section occurred

22 while the person's driver's license was suspended or

23 revoked for a violation of Section 9-3 of the Criminal

24 Code of 1961 or the Criminal Code of 2012, relating to the

25 offense of reckless homicide, or a violation of

26 subparagraph (F) of paragraph (1) of subsection (d) of

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1 Section 11-501 of this Code, relating to the offense of

2 aggravated driving under the influence of alcohol, other

3 drug or drugs, or intoxicating compound or compounds, or

4 any combination thereof when the violation was a proximate

5 cause of a death, or a similar out-of-state offense, or

6 was suspended or revoked for a violation of Section 11-401

7 or 11-501 of this Code, a similar out-of-state offense, a

8 similar provision of a local ordinance, or a statutory

9 summary suspension or revocation under Section 11-501.1 of

10 this Code.

11 (d-3) Any person convicted of a fourth, fifth, sixth,

12 seventh, eighth, or ninth violation of this Section is guilty

13 of a Class 4 felony and must serve a minimum term of

14 imprisonment of 180 days, if:

15 (1) the current violation occurred when the person's

16 driver's license was suspended or revoked for a violation

17 of Section 11-401 or 11-501 of this Code, a similar

18 out-of-state offense, a similar provision of a local

19 ordinance, or a statutory summary suspension or revocation

20 under Section 11-501.1 of this Code; and

21 (2) the prior convictions under this Section occurred

22 while the person's driver's license was suspended or

23 revoked for a violation of Section 11-401 or 11-501 of

24 this Code, a similar out-of-state offense, a similar

25 provision of a local ordinance, or a statutory summary

26 suspension or revocation under Section 11-501.1 of this

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1 Code, or for a violation of Section 9-3 of the Criminal

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

3 offense of reckless homicide, or a violation of

4 subparagraph (F) of paragraph (1) of subsection (d) of

5 Section 11-501 of this Code, relating to the offense of

6 aggravated driving under the influence of alcohol, other

7 drug or drugs, or intoxicating compound or compounds, or

8 any combination thereof when the violation was a proximate

9 cause of a death, or a similar out-of-state offense.

10 (d-3.5) Any person convicted of a fourth or subsequent

11 violation of this Section is guilty of a Class 1 felony, is not

12 eligible for probation or conditional discharge, must serve a

13 mandatory term of imprisonment, and is eligible for an

14 extended term, if:

15 (1) the current violation occurred when the person's

16 driver's license was suspended or revoked for a violation

17 of Section 9-3 of the Criminal Code of 1961 or the Criminal

18 Code of 2012, relating to the offense of reckless

19 homicide, or a violation of subparagraph (F) of paragraph

20 (1) of subsection (d) of Section 11-501 of this Code,

21 relating to the offense of aggravated driving under the

22 influence of alcohol, other drug or drugs, or intoxicating

23 compound or compounds, or any combination thereof when the

24 violation was a proximate cause of a death, or a similar

25 out-of-state offense; and

26 (2) the prior convictions under this Section occurred

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1 while the person's driver's license was suspended or

2 revoked for a violation of Section 9-3 of the Criminal

3 Code of 1961 or the Criminal Code of 2012, relating to the

4 offense of reckless homicide, or a violation of

5 subparagraph (F) of paragraph (1) of subsection (d) of

6 Section 11-501 of this Code, relating to the offense of

7 aggravated driving under the influence of alcohol, other

8 drug or drugs, or intoxicating compound or compounds, or

9 any combination thereof when the violation was a proximate

10 cause of a death, or a similar out-of-state offense, or

11 was suspended or revoked for a violation of Section 11-401

12 or 11-501 of this Code, a similar out-of-state offense, a

13 similar provision of a local ordinance, or a statutory

14 summary suspension or revocation under Section 11-501.1 of

15 this Code.

16 (d-4) Any person convicted of a tenth, eleventh, twelfth,

17 thirteenth, or fourteenth violation of this Section is guilty

18 of a Class 3 felony, and is not eligible for probation or

19 conditional discharge, if:

20 (1) the current violation occurred when the person's

21 driver's license was suspended or revoked for a violation

22 of Section 11-401 or 11-501 of this Code, or a similar

23 out-of-state offense, or a similar provision of a local

24 ordinance, or a statutory summary suspension or revocation

25 under Section 11-501.1 of this Code; and

26 (2) the prior convictions under this Section occurred

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1 while the person's driver's license was suspended or

2 revoked for a violation of Section 11-401 or 11-501 of

3 this Code, a similar out-of-state offense, a similar

4 provision of a local ordinance, or a statutory suspension

5 or revocation under Section 11-501.1 of this Code, or for

6 a violation of Section 9-3 of the Criminal Code of 1961 or

7 the Criminal Code of 2012, relating to the offense of

8 reckless homicide, or a violation of subparagraph (F) of

9 paragraph (1) of subsection (d) of Section 11-501 of this

10 Code, relating to the offense of aggravated driving under

11 the influence of alcohol, other drug or drugs, or

12 intoxicating compound or compounds, or any combination

13 thereof when the violation was a proximate cause of a

14 death, or a similar out-of-state offense.

15 (d-5) Any person convicted of a fifteenth or subsequent

16 violation of this Section is guilty of a Class 2 felony, and is

17 not eligible for probation or conditional discharge, if:

18 (1) the current violation occurred when the person's

19 driver's license was suspended or revoked for a violation

20 of Section 11-401 or 11-501 of this Code, or a similar

21 out-of-state offense, or a similar provision of a local

22 ordinance, or a statutory summary suspension or revocation

23 under Section 11-501.1 of this Code; and

24 (2) the prior convictions under this Section occurred

25 while the person's driver's license was suspended or

26 revoked for a violation of Section 11-401 or 11-501 of

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1 this Code, a similar out-of-state offense, a similar

2 provision of a local ordinance, or a statutory summary

3 suspension or revocation under Section 11-501.1 of this

4 Code, or for a violation of Section 9-3 of the Criminal

5 Code of 1961 or the Criminal Code of 2012, relating to the

6 offense of reckless homicide, or a violation of

7 subparagraph (F) of paragraph (1) of subsection (d) of

8 Section 11-501 of this Code, relating to the offense of

9 aggravated driving under the influence of alcohol, other

10 drug or drugs, or intoxicating compound or compounds, or

11 any combination thereof when the violation was a proximate

12 cause of a death, or a similar out-of-state offense.

13 (e) Any person in violation of this Section who is also in

14 violation of Section 7-601 of this Code relating to mandatory

15 insurance requirements, in addition to other penalties imposed

16 under this Section, shall have his or her motor vehicle

17 immediately impounded by the arresting law enforcement

18 officer. The motor vehicle may be released to any licensed

19 driver upon a showing of proof of insurance for the vehicle

20 that was impounded and the notarized written consent for the

21 release by the vehicle owner.

22 (f) For any prosecution under this Section, a certified

23 copy of the driving abstract of the defendant shall be

24 admitted as proof of any prior conviction.

25 (g) The motor vehicle used in a violation of this Section

26 is subject to seizure and forfeiture as provided in Sections

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1 36-1 and 36-2 of the Criminal Code of 2012 if the person's

2 driving privilege was revoked or suspended as a result of:

3 (1) a violation of Section 11-501 of this Code, a

4 similar provision of a local ordinance, or a similar

5 provision of a law of another state;

6 (2) a violation of paragraph (b) of Section 11-401 of

7 this Code, a similar provision of a local ordinance, or a

8 similar provision of a law of another state;

9 (3) a statutory summary suspension or revocation under

10 Section 11-501.1 of this Code or a similar provision of a

11 law of another state; or

12 (4) a violation of Section 9-3 of the Criminal Code of

13 1961 or the Criminal Code of 2012 relating to the offense

14 of reckless homicide, or a violation of subparagraph (F)

15 of paragraph (1) of subsection (d) of Section 11-501 of

16 this Code, relating to the offense of aggravated driving

17 under the influence of alcohol, other drug or drugs, or

18 intoxicating compound or compounds, or any combination

19 thereof when the violation was a proximate cause of a

20 death, or a similar provision of a law of another state.

21 (Source: P.A. 101-81, eff. 7-12-19; 102-982, eff. 7-1-23.)

22 (625 ILCS 5/6-306.5-1 new)

23 Sec. 6-306.5-1. Failure to pay fine or penalty for

24 standing, parking, compliance, automated speed enforcement

25 system, or automated traffic law violations; suspension of

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1 driving privileges.

2 (a) Upon receipt of a certified report, as prescribed by

3 subsection (c) of this Section, from any municipality or

4 county stating that the owner of a registered vehicle has

5 failed to pay any fine or penalty due and owing as a result of

6 5 offenses for automated speed enforcement system violations

7 or automated traffic violations as defined in Sections

8 11-208.6, 11-208.8, 11-208.9, or 11-1201.1, or combination

9 thereof, or is more than 14 days in default of a payment plan

10 pursuant to which a suspension had been terminated under

11 subsection (c) of this Section, the Secretary of State shall

12 suspend the driving privileges of such person in accordance

13 with the procedures set forth in this Section. The Secretary

14 shall also suspend the driving privileges of an owner of a

15 registered vehicle upon receipt of a certified report, as

16 prescribed by subsection (f) of this Section, from any

17 municipality or county stating that such person has failed to

18 satisfy any fines or penalties imposed by final judgments for

19 5 or more automated speed enforcement system or automated

20 traffic law violations, or combination thereof, after

21 exhaustion of judicial review procedures.

22 (b) Following receipt of the certified report of the

23 municipality or county as specified in this Section, the

24 Secretary of State shall notify the person whose name appears

25 on the certified report that the person's driver's license

26 will be suspended at the end of a specified period of time

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1 unless the Secretary of State is presented with a notice from

2 the municipality or county certifying that the fine or penalty

3 due and owing the municipality or county has been paid or that

4 inclusion of that person's name on the certified report was in

5 error. The Secretary's notice shall state in substance the

6 information contained in the municipality's or county's

7 certified report to the Secretary, and shall be effective as

8 specified by subsection (c) of Section 6-211 of this Code.

9 (c) The report of the appropriate municipal or county

10 official notifying the Secretary of State of unpaid fines or

11 penalties pursuant to this Section shall be certified and

12 shall contain the following:

13 (1) The name, last known address as recorded with the

14 Secretary of State, as provided by the lessor of the cited

15 vehicle at the time of lease, or as recorded in a United

16 States Post Office approved database if any notice sent

17 under Section 11-208.3 of this Code is returned as

18 undeliverable, and driver's license number of the person

19 who failed to pay the fine or penalty or who has defaulted

20 in a payment plan and the registration number of any

21 vehicle known to be registered to such person in this

22 State.

23 (2) The name of the municipality or county making the

24 report pursuant to this Section.

25 (3) A statement that the municipality or county sent a

26 notice of impending driver's license suspension as

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1 prescribed by ordinance enacted pursuant to Section

2 11-208.3 of this Code or a notice of default in a payment

3 plan, to the person named in the report at the address

4 recorded with the Secretary of State or at the last

5 address known to the lessor of the cited vehicle at the

6 time of lease or, if any notice sent under Section

7 11-208.3 of this Code is returned as undeliverable, at the

8 last known address recorded in a United States Post Office

9 approved database; the date on which such notice was sent;

10 and the address to which such notice was sent. In a

11 municipality or county with a population of 1,000,000 or

12 more, the report shall also include a statement that the

13 alleged violator's State vehicle registration number and

14 vehicle make, if specified on the automated speed

15 enforcement system violation or automated traffic law

16 violation notice, are correct as they appear on the

17 citations.

18 (4) A unique identifying reference number for each

19 request of suspension sent whenever a person has failed to

20 pay the fine or penalty or has defaulted on a payment plan.

21 (d) Any municipality or county making a certified report

22 to the Secretary of State pursuant to this Section shall

23 notify the Secretary of State, in a form prescribed by the

24 Secretary, whenever a person named in the certified report has

25 paid the previously reported fine or penalty, whenever a

26 person named in the certified report has entered into a

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1 payment plan pursuant to which the municipality or county has

2 agreed to terminate the suspension, or whenever the

3 municipality or county determines that the original report was

4 in error. A certified copy of such notification shall also be

5 given upon request and at no additional charge to the person

6 named therein. Upon receipt of the municipality's or county's

7 notification or presentation of a certified copy of such

8 notification, the Secretary of State shall terminate the

9 suspension.

10 (e) Any municipality or county making a certified report

11 to the Secretary of State pursuant to this Section shall also

12 by ordinance establish procedures for persons to challenge the

13 accuracy of the certified report. The ordinance shall also

14 state the grounds for such a challenge, which may be limited to

15 (1) the person not having been the owner or lessee of the

16 vehicle or vehicles receiving a combination of 5 or more

17 automated speed enforcement system or automated traffic law

18 violations on the date or dates such notices were issued; and

19 (2) the person having already paid the fine or penalty for the

20 combination of 5 or more automated speed enforcement system or

21 automated traffic law violations indicated on the certified

22 report.

23 (f) Any municipality or county, other than a municipality

24 or county establishing automated speed enforcement system

25 regulations under Section 11-208.8, or automated traffic law

26 regulations under Section 11-208.6, 11-208.9, or 11-1201.1,

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1 may also cause a suspension of a person's driver's license

2 pursuant to this Section. Such municipality or county may

3 invoke this sanction by making a certified report to the

4 Secretary of State upon a person's failure to satisfy any fine

5 or penalty imposed by final judgment for a combination of 5 or

6 more automated speed enforcement system or automated traffic

7 law violations after exhaustion of judicial review procedures,

8 but only if:

9 (1) the municipality or county complies with the

10 provisions of this Section in all respects except in

11 regard to enacting an ordinance pursuant to Section

12 11-208.3;

13 (2) the municipality or county has sent a notice of

14 impending driver's license suspension as prescribed by an

15 ordinance enacted pursuant to subsection (g) of this

16 Section; and

17 (3) in municipalities or counties with a population of

18 1,000,000 or more, the municipality or county has verified

19 that the alleged violator's State vehicle registration

20 number and vehicle make are correct as they appear on the

21 citations.

22 (g) Any municipality or county, other than a municipality

23 or county establishing automated speed enforcement system

24 regulations under Section 11-208.8, or automated traffic law

25 regulations under Section 11-208.6, 11-208.9, or 11-1201.1,

26 may provide by ordinance for the sending of a notice of

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1 impending driver's license suspension to the person who has

2 failed to satisfy any fine or penalty imposed by final

3 judgment for a combination of 5 or more automated speed

4 enforcement system or automated traffic law violations after

5 exhaustion of judicial review procedures. An ordinance so

6 providing shall specify that the notice sent to the person

7 liable for any fine or penalty shall state that failure to pay

8 the fine or penalty owing within 45 days of the notice's date

9 will result in the municipality or county notifying the

10 Secretary of State that the person's driver's license is

11 eligible for suspension pursuant to this Section. The notice

12 of impending driver's license suspension shall be sent by

13 first class United States mail, postage prepaid, to the

14 address recorded with the Secretary of State or at the last

15 address known to the lessor of the cited vehicle at the time of

16 lease or, if any notice sent under Section 11-208.3 of this

17 Code is returned as undeliverable, to the last known address

18 recorded in a United States Post Office approved database.

19 (h) An administrative hearing to contest an impending

20 suspension or a suspension made pursuant to this Section may

21 be had upon filing a written request with the Secretary of

22 State. The filing fee for this hearing shall be $20, to be paid

23 at the time the request is made. A municipality or county which

24 files a certified report with the Secretary of State pursuant

25 to this Section shall reimburse the Secretary for all

26 reasonable costs incurred by the Secretary as a result of the

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1 filing of the report, including, but not limited to, the costs

2 of providing the notice required pursuant to subsection (b)

3 and the costs incurred by the Secretary in any hearing

4 conducted with respect to the report pursuant to this

5 subsection and any appeal from such a hearing.

6 (i) The provisions of this Section shall apply on and

7 after January 1, 1988.

8 (j) For purposes of this Section, the term "compliance

9 violation" is defined as in Section 11-208.3.

10 (625 ILCS 5/6-306.9 new)

11 Sec. 6-306.9. Failure to pay traffic fines, penalties, or

12 court costs.

13 (a) Whenever any resident of this State fails to pay any

14 traffic fine, penalty, or cost imposed for a violation of this

15 Code, or similar provision of local ordinance, the clerk may

16 notify the Secretary of State, on a report prescribed by the

17 Secretary, and the Secretary shall prohibit the renewal,

18 reissue or reinstatement of such resident's driving privileges

19 until such fine, penalty, or cost has been paid in full. The

20 clerk shall provide notice to the driver, at the driver's last

21 known address as shown on the court's records, stating that

22 such action will be effective on the 46th day following the

23 date of the above notice if payment is not received in full by

24 the court of venue.

25 (a-1) Whenever any resident of this State who has made a

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1 partial payment on any traffic fine, penalty, or cost that was

2 imposed under a conviction entered on or after January 1, 2005

3 (the effective date of Public Act 93-788), for a violation of

4 this Code or a similar provision of a local ordinance, fails to

5 pay the remainder of the outstanding fine, penalty, or cost

6 within the time limit set by the court, the clerk may notify

7 the Secretary of State, on a report prescribed by the

8 Secretary, and the Secretary shall prohibit the renewal,

9 reissue, or reinstatement of the resident's driving privileges

10 until the fine, penalty, or cost has been paid in full. The

11 clerk shall provide notice to the driver, at the driver's last

12 known address as shown on the court's records, stating that

13 the action will be effective on the 46th day following the date

14 of the notice if payment is not received in full by the court

15 of venue.

16 (b) Except as provided in subsection (b-1), following

17 receipt of the report from the clerk, the Secretary of State

18 shall make the proper notation to the driver's file to

19 prohibit the renewal, reissue or reinstatement of such

20 driver's driving privileges. Except as provided in paragraph

21 (2) of subsection (d) of this Section, such notation shall not

22 be removed from the driver's record until the driver satisfies

23 the outstanding fine, penalty, or cost and an appropriate

24 notice on a form prescribed by the Secretary is received by the

25 Secretary from the court of venue, stating that such fine,

26 penalty, or cost has been paid in full. Upon payment in full of

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1 a traffic fine, penalty, or court cost which has previously

2 been reported under this Section as unpaid, the clerk of the

3 court shall present the driver with a signed receipt

4 containing the seal of the court indicating that such fine,

5 penalty, or cost has been paid in full, and shall forward

6 forthwith to the Secretary of State a notice stating that the

7 fine, penalty, or cost has been paid in full.

8 (b-1) In a county with a population of 3,000,000 or more,

9 following receipt of the report from the clerk, the Secretary

10 of State shall make the proper notation to the driver's file to

11 prohibit the renewal, reissue or reinstatement of such

12 driver's driving privileges. Such notation shall not be

13 removed from the driver's record until the driver satisfies

14 the outstanding fine, penalty, or cost and an appropriate

15 notice on a form prescribed by the Secretary is received by the

16 Secretary directly from the court of venue, stating that such

17 fine, penalty, or cost has been paid in full. Upon payment in

18 full of a traffic fine, penalty, or court cost which has

19 previously been reported under this Section as unpaid, the

20 clerk of the court shall forward forthwith directly to the

21 Secretary of State a notice stating that the fine, penalty, or

22 cost has been paid in full and shall provide the driver with a

23 signed receipt containing the seal of the court, indicating

24 that the fine, penalty, and cost have been paid in full. The

25 receipt may not be used by the driver to clear the driver's

26 record.

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1 (c) The provisions of this Section shall be limited to a

2 single action per arrest and as a post conviction measure

3 only. Fines, penalty, or costs to be collected subsequent to

4 orders of court supervision, or other available court

5 diversions are not applicable to this Section.

6 (d)(1) Notwithstanding the receipt of a report from the

7 clerk as prescribed in subsections (a) and (e), nothing in

8 this Section is intended to place any responsibility upon the

9 Secretary of State to provide independent notice to the driver

10 of any potential action to disallow the renewal, reissue or

11 reinstatement of such driver's driving privileges.

12 (2) Except as provided in subsection (b-1), the Secretary

13 of State shall renew, reissue or reinstate a driver's driving

14 privileges which were previously refused pursuant to this

15 Section upon presentation of an original receipt which is

16 signed by the clerk of the court and contains the seal of the

17 court indicating that the fine, penalty, or cost has been paid

18 in full. The Secretary of State shall retain such receipt for

19 his records.

20 (e) Upon receipt of notification from another state that

21 is a member of the Nonresident Violator Compact of 1977,

22 stating a resident of this State failed to pay a traffic fine,

23 penalty, or cost imposed for a violation that occurs in

24 another state, the Secretary shall make the proper notation to

25 the driver's license file to prohibit the renewal, reissue, or

26 reinstatement of the resident's driving privileges until the

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1 fine, penalty, or cost has been paid in full. The Secretary of

2 State shall renew, reissue, or reinstate the driver's driving

3 privileges that were previously refused under this Section

4 upon receipt of notification from the other state that

5 indicates that the fine, penalty, or cost has been paid in

6 full. The Secretary of State shall retain the out-of-state

7 receipt for his or her records.

8 Section 210. The Snowmobile Registration and Safety Act is

9 amended by changing Section 5-7 as follows:

10 (625 ILCS 40/5-7)

11 Sec. 5-7. Operating a snowmobile while under the influence

12 of alcohol or other drug or drugs, intoxicating compound or

13 compounds, or a combination of them; criminal penalties;

14 suspension of operating privileges.

15 (a) A person may not operate or be in actual physical

16 control of a snowmobile within this State while:

17 1. The alcohol concentration in that person's blood,

18 other bodily substance, or breath is a concentration at

19 which driving a motor vehicle is prohibited under

20 subdivision (1) of subsection (a) of Section 11-501 of the

21 Illinois Vehicle Code;

22 2. The person is under the influence of alcohol;

23 3. The person is under the influence of any other drug

24 or combination of drugs to a degree that renders that

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1 person incapable of safely operating a snowmobile;

2 3.1. The person is under the influence of any

3 intoxicating compound or combination of intoxicating

4 compounds to a degree that renders the person incapable of

5 safely operating a snowmobile;

6 4. The person is under the combined influence of

7 alcohol and any other drug or drugs or intoxicating

8 compound or compounds to a degree that renders that person

9 incapable of safely operating a snowmobile;

10 4.3. The person who is not a CDL holder has a

11 tetrahydrocannabinol concentration in the person's whole

12 blood or other bodily substance at which driving a motor

13 vehicle is prohibited under subdivision (7) of subsection

14 (a) of Section 11-501 of the Illinois Vehicle Code;

15 4.5. The person who is a CDL holder has any amount of a

16 drug, substance, or compound in the person's breath,

17 blood, other bodily substance, or urine resulting from the

18 unlawful use or consumption of cannabis listed in the

19 Cannabis Control Act; or

20 5. There is any amount of a drug, substance, or

21 compound in that person's breath, blood, other bodily

22 substance, or urine resulting from the unlawful use or

23 consumption of a controlled substance listed in the

24 Illinois Controlled Substances Act, methamphetamine as

25 listed in the Methamphetamine Control and Community

26 Protection Act, or intoxicating compound listed in the use

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1 of Intoxicating Compounds Act.

2 (b) The fact that a person charged with violating this

3 Section is or has been legally entitled to use alcohol, other

4 drug or drugs, any intoxicating compound or compounds, or any

5 combination of them does not constitute a defense against a

6 charge of violating this Section.

7 (c) Every person convicted of violating this Section or a

8 similar provision of a local ordinance is guilty of a Class A

9 misdemeanor, except as otherwise provided in this Section.

10 (c-1) As used in this Section, "first time offender" means

11 any person who has not had a previous conviction or been

12 assigned supervision for violating this Section or a similar

13 provision of a local ordinance, or any person who has not had a

14 suspension imposed under subsection (e) of Section 5-7.1.

15 (c-2) For purposes of this Section, the following are

16 equivalent to a conviction:

17 (1) a forfeiture of bail or collateral deposited to

18 secure a defendant's appearance in court when forfeiture

19 has not been vacated ~~an unvacated revocation of pretrial~~

20 ~~release~~; or

21 (2) the failure of a defendant to appear for trial.

22 (d) Every person convicted of violating this Section is

23 guilty of a Class 4 felony if:

24 1. The person has a previous conviction under this

25 Section;

26 2. The offense results in personal injury where a

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1 person other than the operator suffers great bodily harm

2 or permanent disability or disfigurement, when the

3 violation was a proximate cause of the injuries. A person

4 guilty of a Class 4 felony under this paragraph 2, if

5 sentenced to a term of imprisonment, shall be sentenced to

6 not less than one year nor more than 12 years; or

7 3. The offense occurred during a period in which the

8 person's privileges to operate a snowmobile are revoked or

9 suspended, and the revocation or suspension was for a

10 violation of this Section or was imposed under Section

11 5-7.1.

12 (e) Every person convicted of violating this Section is

13 guilty of a Class 2 felony if the offense results in the death

14 of a person. A person guilty of a Class 2 felony under this

15 subsection (e), if sentenced to a term of imprisonment, shall

16 be sentenced to a term of not less than 3 years and not more

17 than 14 years.

18 (e-1) Every person convicted of violating this Section or

19 a similar provision of a local ordinance who had a child under

20 the age of 16 on board the snowmobile at the time of offense

21 shall be subject to a mandatory minimum fine of $500 and shall

22 be subject to a mandatory minimum of 5 days of community

23 service in a program benefiting children. The assignment under

24 this subsection shall not be subject to suspension nor shall

25 the person be eligible for probation in order to reduce the

26 assignment.

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1 (e-2) Every person found guilty of violating this Section,

2 whose operation of a snowmobile while in violation of this

3 Section proximately caused any incident resulting in an

4 appropriate emergency response, shall be liable for the

5 expense of an emergency response as provided in subsection (i)

6 of Section 11-501.01 of the Illinois Vehicle Code.

7 (e-3) In addition to any other penalties and liabilities,

8 a person who is found guilty of violating this Section,

9 including any person placed on court supervision, shall be

10 fined $100, payable to the circuit clerk, who shall distribute

11 the money to the law enforcement agency that made the arrest or

12 as provided in subsection (c) of Section 10-5 of the Criminal

13 and Traffic Assessment Act if the arresting agency is a State

14 agency, unless more than one agency is responsible for the

15 arrest, in which case the amount shall be remitted to each unit

16 of government equally. Any moneys received by a law

17 enforcement agency under this subsection (e-3) shall be used

18 to purchase law enforcement equipment or to provide law

19 enforcement training that will assist in the prevention of

20 alcohol related criminal violence throughout the State. Law

21 enforcement equipment shall include, but is not limited to,

22 in-car video cameras, radar and laser speed detection devices,

23 and alcohol breath testers.

24 (f) In addition to any criminal penalties imposed, the

25 Department of Natural Resources shall suspend the snowmobile

26 operation privileges of a person convicted or found guilty of

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1 a misdemeanor under this Section for a period of one year,

2 except that first-time offenders are exempt from this

3 mandatory one-year suspension.

4 (g) In addition to any criminal penalties imposed, the

5 Department of Natural Resources shall suspend for a period of

6 5 years the snowmobile operation privileges of any person

7 convicted or found guilty of a felony under this Section.

8 (Source: P.A. 101-652, eff. 1-1-23; 102-145, eff. 7-23-21;

9 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23.)

10 Section 215. The Clerks of Courts Act is amended by

11 changing Section 27.3b as follows:

12 (705 ILCS 105/27.3b) (from Ch. 25, par. 27.3b)

13 Sec. 27.3b. The clerk of court may accept payment of

14 fines, penalties, or costs by certified check, credit card, or

15 debit card approved by the clerk from an offender who has been

16 convicted of or placed on court supervision for a traffic

17 offense, petty offense, ordinance offense, or misdemeanor or

18 who has been convicted of a felony offense. The clerk of the

19 circuit court shall accept credit card payments over the

20 Internet for fines, penalties, court costs, or costs from

21 offenders on voluntary electronic pleas of guilty in minor

22 traffic and conservation offenses to satisfy the requirement

23 of written pleas of guilty as provided in Illinois Supreme

24 Court Rule 529. The clerk of the court may also accept payment

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1 of statutory fees by a credit card or debit card. The clerk of

2 the court may also accept the credit card or debit card for the

3 cash deposit of bail bond fees.

4 The clerk of the circuit court is authorized to enter into

5 contracts with credit card or debit card companies approved by

6 the clerk and to negotiate the payment of convenience and

7 administrative fees normally charged by those companies for

8 allowing the clerk of the circuit court to accept their credit

9 cards or debit cards in payment as authorized herein. The

10 clerk of the circuit court is authorized to enter into

11 contracts with third party fund guarantors, facilitators, and

12 service providers under which those entities may contract

13 directly with customers of the clerk of the circuit court and

14 guarantee and remit the payments to the clerk of the circuit

15 court. Where the offender pays fines, penalties, or costs by

16 credit card or debit card or through a third party fund

17 guarantor, facilitator, or service provider, or anyone paying

18 statutory fees of the circuit court clerk or the posting of

19 cash bail, the clerk shall collect a service fee of up to $5 or

20 the amount charged to the clerk for use of its services by the

21 credit card or debit card issuer, third party fund guarantor,

22 facilitator, or service provider. This service fee shall be in

23 addition to any other fines, penalties, or costs. The clerk of

24 the circuit court is authorized to negotiate the assessment of

25 convenience and administrative fees by the third party fund

26 guarantors, facilitators, and service providers with the

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1 revenue earned by the clerk of the circuit court to be remitted

2 to the county general revenue fund.

3 As used in this Section, "certified check" has the meaning

4 provided in Section 3-409 of the Uniform Commercial Code.

5 (Source: P.A. 101-652, eff. 1-1-23; 102-356, eff. 1-1-22.)

6 Section 220. The Attorney Act is amended by changing

7 Section 9 as follows:

8 (705 ILCS 205/9) (from Ch. 13, par. 9)

9 Sec. 9. All attorneys and counselors at law, judges,

10 clerks and sheriffs, and all other officers of the several

11 courts within this state, shall be liable to be arrested and

12 held to bail ~~terms of pretrial release~~, and shall be subject to

13 the same legal process, and may in all respects be prosecuted

14 and proceeded against in the same courts and in the same manner

15 as other persons are, any law, usage or custom to the contrary

16 notwithstanding: Provided, nevertheless, said judges,

17 counselors or attorneys, clerks, sheriffs and other officers

18 of said courts, shall be privileged from arrest while

19 attending courts, and whilst going to and returning from

20 court.

21 (Source: R.S. 1874, p. 169; P.A. 101-652, eff. 1-1-23.)

22 Section 225. The Juvenile Court Act of 1987 is amended by

23 changing Sections 1-7, 1-8, and 5-150 as follows:

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1 (705 ILCS 405/1-7)

2 Sec. 1-7. Confidentiality of juvenile law enforcement and

3 municipal ordinance violation records.

4 (A) All juvenile law enforcement records which have not

5 been expunged are confidential and may never be disclosed to

6 the general public or otherwise made widely available.

7 Juvenile law enforcement records may be obtained only under

8 this Section and Section 1-8 and Part 9 of Article V of this

9 Act, when their use is needed for good cause and with an order

10 from the juvenile court, as required by those not authorized

11 to retain them. Inspection, copying, and disclosure of

12 juvenile law enforcement records maintained by law enforcement

13 agencies or records of municipal ordinance violations

14 maintained by any State, local, or municipal agency that

15 relate to a minor who has been investigated, arrested, or

16 taken into custody before the minor's 18th birthday shall be

17 restricted to the following:

18 (0.05) The minor who is the subject of the juvenile

19 law enforcement record, the minor's parents, guardian, and

20 counsel.

21 (0.10) Judges of the circuit court and members of the

22 staff of the court designated by the judge.

23 (0.15) An administrative adjudication hearing officer

24 or members of the staff designated to assist in the

25 administrative adjudication process.

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1 (1) Any local, State, or federal law enforcement

2 officers or designated law enforcement staff of any

3 jurisdiction or agency when necessary for the discharge of

4 their official duties during the investigation or

5 prosecution of a crime or relating to a minor who has been

6 adjudicated delinquent and there has been a previous

7 finding that the act which constitutes the previous

8 offense was committed in furtherance of criminal

9 activities by a criminal street gang, or, when necessary

10 for the discharge of its official duties in connection

11 with a particular investigation of the conduct of a law

12 enforcement officer, an independent agency or its staff

13 created by ordinance and charged by a unit of local

14 government with the duty of investigating the conduct of

15 law enforcement officers. For purposes of this Section,

16 "criminal street gang" has the meaning ascribed to it in

17 Section 10 of the Illinois Streetgang Terrorism Omnibus

18 Prevention Act.

19 (2) Prosecutors, public defenders, probation officers,

20 social workers, or other individuals assigned by the court

21 to conduct a pre-adjudication or pre-disposition

22 investigation, and individuals responsible for supervising

23 or providing temporary or permanent care and custody for

24 minors under the order of the juvenile court, when

25 essential to performing their responsibilities.

26 (3) Federal, State, or local prosecutors, public

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1 defenders, probation officers, and designated staff:

2 (a) in the course of a trial when institution of

3 criminal proceedings has been permitted or required

4 under Section 5-805;

5 (b) when institution of criminal proceedings has

6 been permitted or required under Section 5-805 and the

7 minor is the subject of a proceeding to determine the

8 amount of bail ~~conditions of pretrial release~~;

9 (c) when criminal proceedings have been permitted

10 or required under Section 5-805 and the minor is the

11 subject of a pre-trial investigation, pre-sentence

12 investigation, fitness hearing, or proceedings on an

13 application for probation; or

14 (d) in the course of prosecution or administrative

15 adjudication of a violation of a traffic, boating, or

16 fish and game law, or a county or municipal ordinance.

17 (4) Adult and Juvenile Prisoner Review Board.

18 (5) Authorized military personnel.

19 (5.5) Employees of the federal government authorized

20 by law.

21 (6) Persons engaged in bona fide research, with the

22 permission of the Presiding Judge and the chief executive

23 of the respective law enforcement agency; provided that

24 publication of such research results in no disclosure of a

25 minor's identity and protects the confidentiality of the

26 minor's record.

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1 (7) Department of Children and Family Services child

2 protection investigators acting in their official

3 capacity.

4 (8) The appropriate school official only if the agency

5 or officer believes that there is an imminent threat of

6 physical harm to students, school personnel, or others.

7 (A) Inspection and copying shall be limited to

8 juvenile law enforcement records transmitted to the

9 appropriate school official or officials whom the

10 school has determined to have a legitimate educational

11 or safety interest by a local law enforcement agency

12 under a reciprocal reporting system established and

13 maintained between the school district and the local

14 law enforcement agency under Section 10-20.14 of the

15 School Code concerning a minor enrolled in a school

16 within the school district who has been arrested or

17 taken into custody for any of the following offenses:

18 (i) any violation of Article 24 of the

19 Criminal Code of 1961 or the Criminal Code of

20 2012;

21 (ii) a violation of the Illinois Controlled

22 Substances Act;

23 (iii) a violation of the Cannabis Control Act;

24 (iv) a forcible felony as defined in Section

25 2-8 of the Criminal Code of 1961 or the Criminal

26 Code of 2012;

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1 (v) a violation of the Methamphetamine Control

2 and Community Protection Act;

3 (vi) a violation of Section 1-2 of the

4 Harassing and Obscene Communications Act;

5 (vii) a violation of the Hazing Act; or

6 (viii) a violation of Section 12-1, 12-2,

7 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,

8 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the

9 Criminal Code of 1961 or the Criminal Code of

10 2012.

11 The information derived from the juvenile law

12 enforcement records shall be kept separate from and

13 shall not become a part of the official school record

14 of that child and shall not be a public record. The

15 information shall be used solely by the appropriate

16 school official or officials whom the school has

17 determined to have a legitimate educational or safety

18 interest to aid in the proper rehabilitation of the

19 child and to protect the safety of students and

20 employees in the school. If the designated law

21 enforcement and school officials deem it to be in the

22 best interest of the minor, the student may be

23 referred to in-school or community-based social

24 services if those services are available.

25 "Rehabilitation services" may include interventions by

26 school support personnel, evaluation for eligibility

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1 for special education, referrals to community-based

2 agencies such as youth services, behavioral healthcare

3 service providers, drug and alcohol prevention or

4 treatment programs, and other interventions as deemed

5 appropriate for the student.

6 (B) Any information provided to appropriate school

7 officials whom the school has determined to have a

8 legitimate educational or safety interest by local law

9 enforcement officials about a minor who is the subject

10 of a current police investigation that is directly

11 related to school safety shall consist of oral

12 information only, and not written juvenile law

13 enforcement records, and shall be used solely by the

14 appropriate school official or officials to protect

15 the safety of students and employees in the school and

16 aid in the proper rehabilitation of the child. The

17 information derived orally from the local law

18 enforcement officials shall be kept separate from and

19 shall not become a part of the official school record

20 of the child and shall not be a public record. This

21 limitation on the use of information about a minor who

22 is the subject of a current police investigation shall

23 in no way limit the use of this information by

24 prosecutors in pursuing criminal charges arising out

25 of the information disclosed during a police

26 investigation of the minor. For purposes of this

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1 paragraph, "investigation" means an official

2 systematic inquiry by a law enforcement agency into

3 actual or suspected criminal activity.

4 (9) Mental health professionals on behalf of the

5 Department of Corrections or the Department of Human

6 Services or prosecutors who are evaluating, prosecuting,

7 or investigating a potential or actual petition brought

8 under the Sexually Violent Persons Commitment Act relating

9 to a person who is the subject of juvenile law enforcement

10 records or the respondent to a petition brought under the

11 Sexually Violent Persons Commitment Act who is the subject

12 of the juvenile law enforcement records sought. Any

13 juvenile law enforcement records and any information

14 obtained from those juvenile law enforcement records under

15 this paragraph (9) may be used only in sexually violent

16 persons commitment proceedings.

17 (10) The president of a park district. Inspection and

18 copying shall be limited to juvenile law enforcement

19 records transmitted to the president of the park district

20 by the Illinois State Police under Section 8-23 of the

21 Park District Code or Section 16a-5 of the Chicago Park

22 District Act concerning a person who is seeking employment

23 with that park district and who has been adjudicated a

24 juvenile delinquent for any of the offenses listed in

25 subsection (c) of Section 8-23 of the Park District Code

26 or subsection (c) of Section 16a-5 of the Chicago Park

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1 District Act.

2 (11) Persons managing and designated to participate in

3 a court diversion program as designated in subsection (6)

4 of Section 5-105.

5 (12) The Public Access Counselor of the Office of the

6 Attorney General, when reviewing juvenile law enforcement

7 records under its powers and duties under the Freedom of

8 Information Act.

9 (13) Collection agencies, contracted or otherwise

10 engaged by a governmental entity, to collect any debts due

11 and owing to the governmental entity.

12 (B)(1) Except as provided in paragraph (2), no law

13 enforcement officer or other person or agency may knowingly

14 transmit to the Department of Corrections, the Illinois State

15 Police, or the Federal Bureau of Investigation any fingerprint

16 or photograph relating to a minor who has been arrested or

17 taken into custody before the minor's 18th birthday, unless

18 the court in proceedings under this Act authorizes the

19 transmission or enters an order under Section 5-805 permitting

20 or requiring the institution of criminal proceedings.

21 (2) Law enforcement officers or other persons or agencies

22 shall transmit to the Illinois State Police copies of

23 fingerprints and descriptions of all minors who have been

24 arrested or taken into custody before their 18th birthday for

25 the offense of unlawful use of weapons under Article 24 of the

26 Criminal Code of 1961 or the Criminal Code of 2012, a Class X

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1 or Class 1 felony, a forcible felony as defined in Section 2-8

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

3 Class 2 or greater felony under the Cannabis Control Act, the

4 Illinois Controlled Substances Act, the Methamphetamine

5 Control and Community Protection Act, or Chapter 4 of the

6 Illinois Vehicle Code, pursuant to Section 5 of the Criminal

7 Identification Act. Information reported to the Department

8 pursuant to this Section may be maintained with records that

9 the Department files pursuant to Section 2.1 of the Criminal

10 Identification Act. Nothing in this Act prohibits a law

11 enforcement agency from fingerprinting a minor taken into

12 custody or arrested before the minor's 18th birthday for an

13 offense other than those listed in this paragraph (2).

14 (C) The records of law enforcement officers, or of an

15 independent agency created by ordinance and charged by a unit

16 of local government with the duty of investigating the conduct

17 of law enforcement officers, concerning all minors under 18

18 years of age must be maintained separate from the records of

19 arrests and may not be open to public inspection or their

20 contents disclosed to the public. For purposes of obtaining

21 documents under this Section, a civil subpoena is not an order

22 of the court.

23 (1) In cases where the law enforcement, or independent

24 agency, records concern a pending juvenile court case, the

25 party seeking to inspect the records shall provide actual

26 notice to the attorney or guardian ad litem of the minor

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1 whose records are sought.

2 (2) In cases where the records concern a juvenile

3 court case that is no longer pending, the party seeking to

4 inspect the records shall provide actual notice to the

5 minor or the minor's parent or legal guardian, and the

6 matter shall be referred to the chief judge presiding over

7 matters pursuant to this Act.

8 (3) In determining whether the records should be

9 available for inspection, the court shall consider the

10 minor's interest in confidentiality and rehabilitation

11 over the moving party's interest in obtaining the

12 information. Any records obtained in violation of this

13 subsection (C) shall not be admissible in any criminal or

14 civil proceeding, or operate to disqualify a minor from

15 subsequently holding public office or securing employment,

16 or operate as a forfeiture of any public benefit, right,

17 privilege, or right to receive any license granted by

18 public authority.

19 (D) Nothing contained in subsection (C) of this Section

20 shall prohibit the inspection or disclosure to victims and

21 witnesses of photographs contained in the records of law

22 enforcement agencies when the inspection and disclosure is

23 conducted in the presence of a law enforcement officer for the

24 purpose of the identification or apprehension of any person

25 subject to the provisions of this Act or for the investigation

26 or prosecution of any crime.

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1 (E) Law enforcement officers, and personnel of an

2 independent agency created by ordinance and charged by a unit

3 of local government with the duty of investigating the conduct

4 of law enforcement officers, may not disclose the identity of

5 any minor in releasing information to the general public as to

6 the arrest, investigation or disposition of any case involving

7 a minor.

8 (F) Nothing contained in this Section shall prohibit law

9 enforcement agencies from communicating with each other by

10 letter, memorandum, teletype, or intelligence alert bulletin

11 or other means the identity or other relevant information

12 pertaining to a person under 18 years of age if there are

13 reasonable grounds to believe that the person poses a real and

14 present danger to the safety of the public or law enforcement

15 officers. The information provided under this subsection (F)

16 shall remain confidential and shall not be publicly disclosed,

17 except as otherwise allowed by law.

18 (G) Nothing in this Section shall prohibit the right of a

19 Civil Service Commission or appointing authority of any

20 federal government, state, county or municipality examining

21 the character and fitness of an applicant for employment with

22 a law enforcement agency, correctional institution, or fire

23 department from obtaining and examining the records of any law

24 enforcement agency relating to any record of the applicant

25 having been arrested or taken into custody before the

26 applicant's 18th birthday.

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1 (G-5) Information identifying victims and alleged victims

2 of sex offenses shall not be disclosed or open to the public

3 under any circumstances. Nothing in this Section shall

4 prohibit the victim or alleged victim of any sex offense from

5 voluntarily disclosing this identity.

6 (H) The changes made to this Section by Public Act 98-61

7 apply to law enforcement records of a minor who has been

8 arrested or taken into custody on or after January 1, 2014 (the

9 effective date of Public Act 98-61).

10 (H-5) Nothing in this Section shall require any court or

11 adjudicative proceeding for traffic, boating, fish and game

12 law, or municipal and county ordinance violations to be closed

13 to the public.

14 (I) Willful violation of this Section is a Class C

15 misdemeanor and each violation is subject to a fine of $1,000.

16 This subsection (I) shall not apply to the person who is the

17 subject of the record.

18 (J) A person convicted of violating this Section is liable

19 for damages in the amount of $1,000 or actual damages,

20 whichever is greater.

21 (Source: P.A. 102-538, eff. 8-20-21; 102-752, eff. 1-1-23;

22 102-813, eff. 5-13-22; 103-22, eff. 8-8-23.)

23 (705 ILCS 405/1-8)

24 Sec. 1-8. Confidentiality and accessibility of juvenile

25 court records.

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1 (A) A juvenile adjudication shall never be considered a

2 conviction nor shall an adjudicated individual be considered a

3 criminal. Unless expressly allowed by law, a juvenile

4 adjudication shall not operate to impose upon the individual

5 any of the civil disabilities ordinarily imposed by or

6 resulting from conviction. Unless expressly allowed by law,

7 adjudications shall not prejudice or disqualify the individual

8 in any civil service application or appointment, from holding

9 public office, or from receiving any license granted by public

10 authority. All juvenile court records which have not been

11 expunged are sealed and may never be disclosed to the general

12 public or otherwise made widely available. Sealed juvenile

13 court records may be obtained only under this Section and

14 Section 1-7 and Part 9 of Article V of this Act, when their use

15 is needed for good cause and with an order from the juvenile

16 court. Inspection and copying of juvenile court records

17 relating to a minor who is the subject of a proceeding under

18 this Act shall be restricted to the following:

19 (1) The minor who is the subject of record, the

20 minor's parents, guardian, and counsel.

21 (2) Law enforcement officers and law enforcement

22 agencies when such information is essential to executing

23 an arrest or search warrant or other compulsory process,

24 or to conducting an ongoing investigation or relating to a

25 minor who has been adjudicated delinquent and there has

26 been a previous finding that the act which constitutes the

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1 previous offense was committed in furtherance of criminal

2 activities by a criminal street gang.

3 Before July 1, 1994, for the purposes of this Section,

4 "criminal street gang" means any ongoing organization,

5 association, or group of 3 or more persons, whether formal

6 or informal, having as one of its primary activities the

7 commission of one or more criminal acts and that has a

8 common name or common identifying sign, symbol, or

9 specific color apparel displayed, and whose members

10 individually or collectively engage in or have engaged in

11 a pattern of criminal activity.

12 Beginning July 1, 1994, for purposes of this Section,

13 "criminal street gang" has the meaning ascribed to it in

14 Section 10 of the Illinois Streetgang Terrorism Omnibus

15 Prevention Act.

16 (3) Judges, hearing officers, prosecutors, public

17 defenders, probation officers, social workers, or other

18 individuals assigned by the court to conduct a

19 pre-adjudication or pre-disposition investigation, and

20 individuals responsible for supervising or providing

21 temporary or permanent care and custody for minors under

22 the order of the juvenile court when essential to

23 performing their responsibilities.

24 (4) Judges, federal, State, and local prosecutors,

25 public defenders, probation officers, and designated

26 staff:

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1 (a) in the course of a trial when institution of

2 criminal proceedings has been permitted or required

3 under Section 5-805;

4 (b) when criminal proceedings have been permitted

5 or required under Section 5-805 and a minor is the

6 subject of a proceeding to determine the amount of

7 bail ~~conditions of pretrial release~~;

8 (c) when criminal proceedings have been permitted

9 or required under Section 5-805 and a minor is the

10 subject of a pre-trial investigation, pre-sentence

11 investigation or fitness hearing, or proceedings on an

12 application for probation; or

13 (d) when a minor becomes 18 years of age or older,

14 and is the subject of criminal proceedings, including

15 a hearing to determine the amount of bail ~~conditions~~

16 ~~of pretrial release~~, a pre-trial investigation, a

17 pre-sentence investigation, a fitness hearing, or

18 proceedings on an application for probation.

19 (5) Adult and Juvenile Prisoner Review Boards.

20 (6) Authorized military personnel.

21 (6.5) Employees of the federal government authorized

22 by law.

23 (7) Victims, their subrogees and legal

24 representatives; however, such persons shall have access

25 only to the name and address of the minor and information

26 pertaining to the disposition or alternative adjustment

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1 plan of the juvenile court.

2 (8) Persons engaged in bona fide research, with the

3 permission of the presiding judge of the juvenile court

4 and the chief executive of the agency that prepared the

5 particular records; provided that publication of such

6 research results in no disclosure of a minor's identity

7 and protects the confidentiality of the record.

8 (9) The Secretary of State to whom the Clerk of the

9 Court shall report the disposition of all cases, as

10 required in Section 6-204 of the Illinois Vehicle Code.

11 However, information reported relative to these offenses

12 shall be privileged and available only to the Secretary of

13 State, courts, and police officers.

14 (10) The administrator of a bonafide substance abuse

15 student assistance program with the permission of the

16 presiding judge of the juvenile court.

17 (11) Mental health professionals on behalf of the

18 Department of Corrections or the Department of Human

19 Services or prosecutors who are evaluating, prosecuting,

20 or investigating a potential or actual petition brought

21 under the Sexually Violent Persons Commitment Act relating

22 to a person who is the subject of juvenile court records or

23 the respondent to a petition brought under the Sexually

24 Violent Persons Commitment Act, who is the subject of

25 juvenile court records sought. Any records and any

26 information obtained from those records under this

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1 paragraph (11) may be used only in sexually violent

2 persons commitment proceedings.

3 (12) (Blank).

4 (A-1) Findings and exclusions of paternity entered in

5 proceedings occurring under Article II of this Act shall be

6 disclosed, in a manner and form approved by the Presiding

7 Judge of the Juvenile Court, to the Department of Healthcare

8 and Family Services when necessary to discharge the duties of

9 the Department of Healthcare and Family Services under Article

10 X of the Illinois Public Aid Code.

11 (B) A minor who is the victim in a juvenile proceeding

12 shall be provided the same confidentiality regarding

13 disclosure of identity as the minor who is the subject of

14 record.

15 (C)(0.1) In cases where the records concern a pending

16 juvenile court case, the requesting party seeking to inspect

17 the juvenile court records shall provide actual notice to the

18 attorney or guardian ad litem of the minor whose records are

19 sought.

20 (0.2) In cases where the juvenile court records concern a

21 juvenile court case that is no longer pending, the requesting

22 party seeking to inspect the juvenile court records shall

23 provide actual notice to the minor or the minor's parent or

24 legal guardian, and the matter shall be referred to the chief

25 judge presiding over matters pursuant to this Act.

26 (0.3) In determining whether juvenile court records should

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1 be made available for inspection and whether inspection should

2 be limited to certain parts of the file, the court shall

3 consider the minor's interest in confidentiality and

4 rehabilitation over the requesting party's interest in

5 obtaining the information. The State's Attorney, the minor,

6 and the minor's parents, guardian, and counsel shall at all

7 times have the right to examine court files and records.

8 (0.4) Any records obtained in violation of this Section

9 shall not be admissible in any criminal or civil proceeding,

10 or operate to disqualify a minor from subsequently holding

11 public office, or operate as a forfeiture of any public

12 benefit, right, privilege, or right to receive any license

13 granted by public authority.

14 (D) Pending or following any adjudication of delinquency

15 for any offense defined in Sections 11-1.20 through 11-1.60 or

16 12-13 through 12-16 of the Criminal Code of 1961 or the

17 Criminal Code of 2012, the victim of any such offense shall

18 receive the rights set out in Sections 4 and 6 of the ~~Bill of~~

19 Rights of Crime ~~for~~ Victims and Witnesses ~~of Violent Crime~~

20 Act; and the juvenile who is the subject of the adjudication,

21 notwithstanding any other provision of this Act, shall be

22 treated as an adult for the purpose of affording such rights to

23 the victim.

24 (E) Nothing in this Section shall affect the right of a

25 Civil Service Commission or appointing authority of the

26 federal government, or any state, county, or municipality

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1 examining the character and fitness of an applicant for

2 employment with a law enforcement agency, correctional

3 institution, or fire department to ascertain whether that

4 applicant was ever adjudicated to be a delinquent minor and,

5 if so, to examine the records of disposition or evidence which

6 were made in proceedings under this Act.

7 (F) Following any adjudication of delinquency for a crime

8 which would be a felony if committed by an adult, or following

9 any adjudication of delinquency for a violation of Section

10 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the

11 Criminal Code of 2012, the State's Attorney shall ascertain

12 whether the minor respondent is enrolled in school and, if so,

13 shall provide a copy of the dispositional order to the

14 principal or chief administrative officer of the school.

15 Access to the dispositional order shall be limited to the

16 principal or chief administrative officer of the school and

17 any school counselor designated by the principal or chief

18 administrative officer.

19 (G) Nothing contained in this Act prevents the sharing or

20 disclosure of information or records relating or pertaining to

21 juveniles subject to the provisions of the Serious Habitual

22 Offender Comprehensive Action Program when that information is

23 used to assist in the early identification and treatment of

24 habitual juvenile offenders.

25 (H) When a court hearing a proceeding under Article II of

26 this Act becomes aware that an earlier proceeding under

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1 Article II had been heard in a different county, that court

2 shall request, and the court in which the earlier proceedings

3 were initiated shall transmit, an authenticated copy of the

4 juvenile court record, including all documents, petitions, and

5 orders filed and the minute orders, transcript of proceedings,

6 and docket entries of the court.

7 (I) The Clerk of the Circuit Court shall report to the

8 Illinois State Police, in the form and manner required by the

9 Illinois State Police, the final disposition of each minor who

10 has been arrested or taken into custody before the minor's

11 18th birthday for those offenses required to be reported under

12 Section 5 of the Criminal Identification Act. Information

13 reported to the Illinois State Police ~~Department~~ under this

14 Section may be maintained with records that the Illinois State

15 Police ~~Department~~ files under Section 2.1 of the Criminal

16 Identification Act.

17 (J) The changes made to this Section by Public Act 98-61

18 apply to juvenile law enforcement records of a minor who has

19 been arrested or taken into custody on or after January 1, 2014

20 (the effective date of Public Act 98-61).

21 (K) Willful violation of this Section is a Class C

22 misdemeanor and each violation is subject to a fine of $1,000.

23 This subsection (K) shall not apply to the person who is the

24 subject of the record.

25 (L) A person convicted of violating this Section is liable

26 for damages in the amount of $1,000 or actual damages,

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1 whichever is greater.

2 (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;

3 102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-379, eff.

4 7-28-23; revised 8-30-23.)

5 (705 ILCS 405/5-150)

6 Sec. 5-150. Admissibility of evidence and adjudications in

7 other proceedings.

8 (1) Evidence and adjudications in proceedings under this

9 Act shall be admissible:

10 (a) in subsequent proceedings under this Act

11 concerning the same minor; or

12 (b) in criminal proceedings when the court is to

13 determine the amount of bail ~~conditions of pretrial~~

14 ~~release~~, fitness of the defendant or in sentencing under

15 the Unified Code of Corrections; or

16 (c) in proceedings under this Act or in criminal

17 proceedings in which anyone who has been adjudicated

18 delinquent under Section 5-105 is to be a witness

19 including the minor or defendant if the minor or defendant

20 testifies, and then only for purposes of impeachment and

21 pursuant to the rules of evidence for criminal trials; or

22 (d) in civil proceedings concerning causes of action

23 arising out of the incident or incidents which initially

24 gave rise to the proceedings under this Act.

25 (2) No adjudication or disposition under this Act shall

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1 operate to disqualify a minor from subsequently holding public

2 office nor shall operate as a forfeiture of any right,

3 privilege or right to receive any license granted by public

4 authority.

5 (3) The court which adjudicated that a minor has committed

6 any offense relating to motor vehicles prescribed in Sections

7 4-102 and 4-103 of the Illinois Vehicle Code shall notify the

8 Secretary of State of that adjudication and the notice shall

9 constitute sufficient grounds for revoking that minor's

10 driver's license or permit as provided in Section 6-205 of the

11 Illinois Vehicle Code; no minor shall be considered a criminal

12 by reason thereof, nor shall any such adjudication be

13 considered a conviction.

14 (Source: P.A. 103-22, eff. 8-8-23.)

15 Section 230. The Criminal Code of 2012 is amended by

16 changing Sections 26.5-5, 31-1, 31A-0.1, and 32-10 as follows:

17 (720 ILCS 5/26.5-5)

18 Sec. 26.5-5. Sentence.

19 (a) Except as provided in subsection (b), a person who

20 violates any of the provisions of Section 26.5-1, 26.5-2, or

21 26.5-3 of this Article is guilty of a Class B misdemeanor.

22 Except as provided in subsection (b), a second or subsequent

23 violation of Section 26.5-1, 26.5-2, or 26.5-3 of this Article

24 is a Class A misdemeanor, for which the court shall impose a

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1 minimum of 14 days in jail or, if public or community service

2 is established in the county in which the offender was

3 convicted, 240 hours of public or community service.

4 (b) In any of the following circumstances, a person who

5 violates Section 26.5-1, 26.5-2, or 26.5-3 of this Article

6 shall be guilty of a Class 4 felony:

7 (1) The person has 3 or more prior violations in the

8 last 10 years of harassment by telephone, harassment

9 through electronic communications, or any similar offense

10 of any other state;

11 (2) The person has previously violated the harassment

12 by telephone provisions, or the harassment through

13 electronic communications provisions, or committed any

14 similar offense in any other state with the same victim or

15 a member of the victim's family or household;

16 (3) At the time of the offense, the offender was under

17 conditions of bail ~~pretrial release~~, probation,

18 conditional discharge, mandatory supervised release or was

19 the subject of an order of protection, in this or any other

20 state, prohibiting contact with the victim or any member

21 of the victim's family or household;

22 (4) In the course of the offense, the offender

23 threatened to kill the victim or any member of the

24 victim's family or household;

25 (5) The person has been convicted in the last 10 years

26 of a forcible felony as defined in Section 2-8 of the

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

2 (6) The person violates paragraph (5) of Section

3 26.5-2 or paragraph (4) of Section 26.5-3; or

4 (7) The person was at least 18 years of age at the time

5 of the commission of the offense and the victim was under

6 18 years of age at the time of the commission of the

7 offense.

8 (c) The court may order any person convicted under this

9 Article to submit to a psychiatric examination.

10 (Source: P.A. 101-652, eff. 1-1-23.)

11 (720 ILCS 5/31-1) (from Ch. 38, par. 31-1)

12 Sec. 31-1. Resisting or obstructing a peace officer,

13 firefighter, or correctional institution employee.

14 (a) A person who knowingly:

15 (1) resists arrest, or

16 (2) obstructs the performance by one known to the

17 person to be a peace officer, firefighter, or correctional

18 institution employee of any authorized act within his or

19 her official capacity commits a Class A misdemeanor.

20 (a-5) In addition to any other sentence that may be

21 imposed, a court shall order any person convicted of resisting

22 or obstructing a peace officer, firefighter, or correctional

23 institution employee to be sentenced to a minimum of 48

24 consecutive hours of imprisonment or ordered to perform

25 community service for not less than 100 hours as may be

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1 determined by the court. The person shall not be eligible for

2 probation in order to reduce the sentence of imprisonment or

3 community service.

4 (a-7) A person convicted for a violation of this Section

5 whose violation was the proximate cause of an injury to a peace

6 officer, firefighter, or correctional institution employee is

7 guilty of a Class 4 felony.

8 (b) For purposes of this Section, "correctional

9 institution employee" means any person employed to supervise

10 and control inmates incarcerated in a penitentiary, State

11 farm, reformatory, prison, jail, house of correction, police

12 detention area, half-way house, or other institution or place

13 for the incarceration or custody of persons under sentence for

14 offenses or awaiting trial or sentence for offenses, under

15 arrest for an offense, a violation of probation, a violation

16 of parole, a violation of aftercare release, a violation of

17 mandatory supervised release, or awaiting a bail setting

18 hearing or preliminary hearing ~~on setting the conditions of~~

19 ~~pretrial release~~, or who are sexually dangerous persons or who

20 are sexually violent persons; and "firefighter" means any

21 individual, either as an employee or volunteer, of a regularly

22 constituted fire department of a municipality or fire

23 protection district who performs fire fighting duties,

24 including, but not limited to, the fire chief, assistant fire

25 chief, captain, engineer, driver, ladder person, hose person,

26 pipe person, and any other member of a regularly constituted

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1 fire department. "Firefighter" also means a person employed by

2 the Office of the State Fire Marshal to conduct arson

3 investigations.

4 (c) It is an affirmative defense to a violation of this

5 Section if a person resists or obstructs the performance of

6 one known by the person to be a firefighter by returning to or

7 remaining in a dwelling, residence, building, or other

8 structure to rescue or to attempt to rescue any person.

9 ~~(d) A person shall not be subject to arrest for resisting~~

10 ~~arrest under this Section unless there is an underlying~~

11 ~~offense for which the person was initially subject to arrest.~~

12 (Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21.)

13 (720 ILCS 5/31A-0.1)

14 Sec. 31A-0.1. Definitions. For the purposes of this

15 Article:

16 "Deliver" or "delivery" means the actual, constructive or

17 attempted transfer of possession of an item of contraband,

18 with or without consideration, whether or not there is an

19 agency relationship.

20 "Employee" means any elected or appointed officer, trustee

21 or employee of a penal institution or of the governing

22 authority of the penal institution, or any person who performs

23 services for the penal institution pursuant to contract with

24 the penal institution or its governing authority.

25 "Item of contraband" means any of the following:

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1 (i) "Alcoholic liquor" as that term is defined in

2 Section 1-3.05 of the Liquor Control Act of 1934.

3 (ii) "Cannabis" as that term is defined in subsection

4 (a) of Section 3 of the Cannabis Control Act.

5 (iii) "Controlled substance" as that term is defined

6 in the Illinois Controlled Substances Act.

7 (iii-a) "Methamphetamine" as that term is defined in

8 the Illinois Controlled Substances Act or the

9 Methamphetamine Control and Community Protection Act.

10 (iv) "Hypodermic syringe" or hypodermic needle, or any

11 instrument adapted for use of controlled substances or

12 cannabis by subcutaneous injection.

13 (v) "Weapon" means any knife, dagger, dirk, billy,

14 razor, stiletto, broken bottle, or other piece of glass

15 which could be used as a dangerous weapon. This term

16 includes any of the devices or implements designated in

17 subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of

18 this Code, or any other dangerous weapon or instrument of

19 like character.

20 (vi) "Firearm" means any device, by whatever name

21 known, which is designed to expel a projectile or

22 projectiles by the action of an explosion, expansion of

23 gas or escape of gas, including but not limited to:

24 (A) any pneumatic gun, spring gun, or B-B gun

25 which expels a single globular projectile not

26 exceeding .18 inch in diameter; or

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1 (B) any device used exclusively for signaling or

2 safety and required as recommended by the United

3 States Coast Guard or the Interstate Commerce

4 Commission; or

5 (C) any device used exclusively for the firing of

6 stud cartridges, explosive rivets or industrial

7 ammunition; or

8 (D) any device which is powered by electrical

9 charging units, such as batteries, and which fires one

10 or several barbs attached to a length of wire and

11 which, upon hitting a human, can send out current

12 capable of disrupting the person's nervous system in

13 such a manner as to render him or her incapable of

14 normal functioning, commonly referred to as a stun gun

15 or taser.

16 (vii) "Firearm ammunition" means any self-contained

17 cartridge or shotgun shell, by whatever name known, which

18 is designed to be used or adaptable to use in a firearm,

19 including but not limited to:

20 (A) any ammunition exclusively designed for use

21 with a device used exclusively for signaling or safety

22 and required or recommended by the United States Coast

23 Guard or the Interstate Commerce Commission; or

24 (B) any ammunition designed exclusively for use

25 with a stud or rivet driver or other similar

26 industrial ammunition.

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1 (viii) "Explosive" means, but is not limited to, bomb,

2 bombshell, grenade, bottle or other container containing

3 an explosive substance of over one-quarter ounce for like

4 purposes such as black powder bombs and Molotov cocktails

5 or artillery projectiles.

6 (ix) "Tool to defeat security mechanisms" means, but

7 is not limited to, handcuff or security restraint key,

8 tool designed to pick locks, popper, or any device or

9 instrument used to or capable of unlocking or preventing

10 from locking any handcuff or security restraints, doors to

11 cells, rooms, gates or other areas of the penal

12 institution.

13 (x) "Cutting tool" means, but is not limited to,

14 hacksaw blade, wirecutter, or device, instrument or file

15 capable of cutting through metal.

16 (xi) "Electronic contraband" for the purposes of

17 Section 31A-1.1 of this Article means, but is not limited

18 to, any electronic, video recording device, computer, or

19 cellular communications equipment, including, but not

20 limited to, cellular telephones, cellular telephone

21 batteries, videotape recorders, pagers, computers, and

22 computer peripheral equipment brought into or possessed in

23 a penal institution without the written authorization of

24 the Chief Administrative Officer. "Electronic contraband"

25 for the purposes of Section 31A-1.2 of this Article,

26 means, but is not limited to, any electronic, video

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1 recording device, computer, or cellular communications

2 equipment, including, but not limited to, cellular

3 telephones, cellular telephone batteries, videotape

4 recorders, pagers, computers, and computer peripheral

5 equipment.

6 "Penal institution" means any penitentiary, State farm,

7 reformatory, prison, jail, house of correction, police

8 detention area, half-way house or other institution or place

9 for the incarceration or custody of persons under sentence for

10 offenses awaiting trial or sentence for offenses, under arrest

11 for an offense, a violation of probation, a violation of

12 parole, a violation of aftercare release, or a violation of

13 mandatory supervised release, or awaiting a bail setting

14 hearing ~~on the setting of conditions of pretrial release~~ or

15 preliminary hearing; provided that where the place for

16 incarceration or custody is housed within another public

17 building this Article shall not apply to that part of the

18 building unrelated to the incarceration or custody of persons.

19 (Source: P.A. 101-652, eff. 1-1-23.)

20 (720 ILCS 5/32-10) (from Ch. 38, par. 32-10)

21 Sec. 32-10. Violation of ~~conditions of pretrial release~~

22 bail bond.

23 (a) (Blank).

24 (a-1) Whoever, having been admitted to bail for appearance

25 before any court of this State, incurs a forfeiture of the bail

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1 and knowingly fails to surrender himself or herself within 30

2 days following the date of the forfeiture, commits, if the

3 bail was given in connection with a charge of felony or pending

4 appeal or certiorari after conviction of any offense, a felony

5 of the next lower Class or a Class A misdemeanor if the

6 underlying offense was a Class 4 felony; or, if the bail was

7 given in connection with a charge of committing a misdemeanor,

8 or for appearance as a witness, commits a misdemeanor of the

9 next lower Class, but not less than a Class C misdemeanor.

10 (a-5) Any person who knowingly violates a condition of

11 ~~pretrial release~~ bail bond by possessing a firearm in

12 violation of his or her conditions of ~~pretrial release~~ bail

13 commits a Class 4 felony for a first violation and a Class 3

14 felony for a second or subsequent violation.

15 (b) Whoever, having been ~~released pretrial under~~

16 ~~conditions~~ admitted to bail for appearance before any court of

17 this State, while charged with a criminal offense in which the

18 victim is a family or household member as defined in Article

19 112A of the Code of Criminal Procedure of 1963, knowingly

20 violates a condition of that release as set forth in Section

21 110-10, subsection (d) of the Code of Criminal Procedure of

22 1963, commits a Class A misdemeanor.

23 (c) Whoever, having been admitted to bail ~~released~~

24 ~~pretrial~~ for appearance before any court of this State for a

25 felony, Class A misdemeanor or a criminal offense in which the

26 victim is a family or household member as defined in Article

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1 112A of the Code of Criminal Procedure of 1963, is charged with

2 any other felony, Class A misdemeanor, or a criminal offense

3 in which the victim is a family or household member as defined

4 in Article 112A of the Code of Criminal Procedure of 1963 while

5 on this release, must appear before the court before bail is

6 statutorily set ~~and may not be released by law enforcement~~

7 ~~under 109-1 of the Code of Criminal Procedure of 1963 prior to~~

8 ~~the court appearance~~.

9 (d) Nothing in this Section shall interfere with or

10 prevent the exercise by any court of its power to punish for

11 contempt. Any sentence imposed for violation of this Section

12 shall ~~may~~ be served consecutive to the sentence imposed for

13 the charge for which bail ~~pretrial release~~ had been granted

14 and with respect to which the defendant has been convicted.

15 (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

16 Section 235. The Criminal Code of 2012 is amended by

17 changing Sections 7-5, 7-5.5, 7-9, 9-1, and 33-3 as follows:

18 (720 ILCS 5/7-5) (from Ch. 38, par. 7-5)

19 Sec. 7-5. Peace officer's use of force in making arrest.

20 (a) A peace officer, or any person whom he has summoned or

21 directed to assist him, need not retreat or desist from

22 efforts to make a lawful arrest because of resistance or

23 threatened resistance to the arrest. He is justified in the

24 use of any force which he reasonably believes~~, based on the~~

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1 ~~totality of the circumstances,~~ to be necessary to effect the

2 arrest and of any force which he reasonably believes~~, based on~~

3 ~~the totality of the circumstances,~~ to be necessary to defend

4 himself or another from bodily harm while making the arrest.

5 However, he is justified in using force likely to cause death

6 or great bodily harm only when: (i) he reasonably believes~~,~~

7 ~~based on the totality of the circumstances,~~ that such force is

8 necessary to prevent death or great bodily harm to himself or

9 such other person; or (ii) when he reasonably believes~~, based~~

10 ~~on the totality of the circumstances,~~ both that:

11 (1) Such force is necessary to prevent the arrest from

12 being defeated by resistance or escape ~~and the officer~~

13 ~~reasonably believes that the person to be arrested is~~

14 ~~likely to cause great bodily harm to another~~; and

15 (2) The person to be arrested committed or attempted a

16 forcible felony which involves the infliction or

17 threatened infliction of great bodily harm or is

18 attempting to escape by use of a deadly weapon, or

19 otherwise indicates that he will endanger human life or

20 inflict great bodily harm unless arrested without delay.

21 ~~As used in this subsection, "retreat" does not mean~~

22 ~~tactical repositioning or other de-escalation tactics.~~

23 ~~A peace officer is not justified in using force likely to~~

24 ~~cause death or great bodily harm when there is no longer an~~

25 ~~imminent threat of great bodily harm to the officer or~~

26 ~~another.~~

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1 ~~(a-5) Where feasible, a peace officer shall, prior to the~~

2 ~~use of force, make reasonable efforts to identify himself or~~

3 ~~herself as a peace officer and to warn that deadly force may be~~

4 ~~used.~~

5 ~~(a-10) A peace officer shall not use deadly force against~~

6 ~~a person based on the danger that the person poses to himself~~

7 ~~or herself if a reasonable officer would believe the person~~

8 ~~does not pose an imminent threat of death or great bodily harm~~

9 ~~to the peace officer or to another person.~~

10 ~~(a-15) A peace officer shall not use deadly force against~~

11 ~~a person who is suspected of committing a property offense,~~

12 ~~unless that offense is terrorism or unless deadly force is~~

13 ~~otherwise authorized by law.~~

14 ~~(b) A peace officer making an arrest pursuant to an~~

15 ~~invalid warrant is justified in the use of any force which he~~

16 ~~would be justified in using if the warrant were valid, unless~~

17 ~~he knows that the warrant is invalid.~~

18 ~~(c) The authority to use physical force conferred on peace~~

19 ~~officers by this Article is a serious responsibility that~~

20 ~~shall be exercised judiciously and with respect for human~~

21 ~~rights and dignity and for the sanctity of every human life.~~

22 ~~(d) Peace officers shall use deadly force only when~~

23 ~~reasonably necessary in defense of human life. In determining~~

24 ~~whether deadly force is reasonably necessary, officers shall~~

25 ~~evaluate each situation in light of the totality of~~

26 ~~circumstances of each case, including, but not limited to, the~~

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1 ~~proximity in time of the use of force to the commission of a~~

2 ~~forcible felony, and the reasonable feasibility of safely~~

3 ~~apprehending a subject at a later time, and shall use other~~

4 ~~available resources and techniques, if reasonably safe and~~

5 ~~feasible to a reasonable officer.~~

6 ~~(e) The decision by a peace officer to use force shall be~~

7 ~~evaluated carefully and thoroughly, in a manner that reflects~~

8 ~~the gravity of that authority and the serious consequences of~~

9 ~~the use of force by peace officers, in order to ensure that~~

10 ~~officers use force consistent with law and agency policies.~~

11 ~~(f) The decision by a peace officer to use force shall be~~

12 ~~evaluated from the perspective of a reasonable officer in the~~

13 ~~same situation, based on the totality of the circumstances~~

14 ~~known to or perceived by the officer at the time of the~~

15 ~~decision, rather than with the benefit of hindsight, and that~~

16 ~~the totality of the circumstances shall account for occasions~~

17 ~~when officers may be forced to make quick judgments about~~

18 ~~using force.~~

19 ~~(g) Law enforcement agencies are encouraged to adopt and~~

20 ~~develop policies designed to protect individuals with~~

21 ~~physical, mental health, developmental, or intellectual~~

22 ~~disabilities, or individuals who are significantly more likely~~

23 ~~to experience greater levels of physical force during police~~

24 ~~interactions, as these disabilities may affect the ability of~~

25 ~~a person to understand or comply with commands from peace~~

26 ~~officers.~~

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1 (h) ~~As used in this Section:~~

2 ~~(1) "Deadly force" means any use of force that creates~~

3 ~~a substantial risk of causing death or great bodily harm,~~

4 ~~including, but not limited to, the discharge of a firearm.~~

5 ~~(2) A threat of death or serious bodily injury is~~

6 ~~"imminent" when, based on the totality of the~~

7 ~~circumstances, a reasonable officer in the same situation~~

8 ~~would believe that a person has the present ability,~~

9 ~~opportunity, and apparent intent to immediately cause~~

10 ~~death or great bodily harm to the peace officer or another~~

11 ~~person. An imminent harm is not merely a fear of future~~

12 ~~harm, no matter how great the fear and no matter how great~~

13 ~~the likelihood of the harm, but is one that, from~~

14 ~~appearances, must be instantly confronted and addressed.~~

15 ~~(3) "Totality of the circumstances" means all facts~~

16 ~~known to the peace officer at the time, or that would be~~

17 ~~known to a reasonable officer in the same situation,~~

18 ~~including the conduct of the officer and the subject~~

19 ~~leading up to the use of deadly force.~~

20 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;

21 102-687, eff. 12-17-21.)

22 (720 ILCS 5/7-5.5)

23 Sec. 7-5.5. Prohibited use of force by a peace officer.

24 (a) A peace officer~~, or any other person acting under the~~

25 ~~color of law,~~ shall not use a chokehold ~~or restraint above the~~

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1 ~~shoulders with risk of asphyxiation~~ in the performance of his

2 or her duties, unless deadly force is justified under this

3 Article.

4 (b) A peace officer~~, or any other person acting under the~~

5 ~~color of law,~~ shall not use a chokehold ~~or restraint above the~~

6 ~~shoulders with risk of asphyxiation~~, or any lesser contact

7 with the throat or neck area of another, in order to prevent

8 the destruction of evidence by ingestion.

9 (c) As used in this Section, "chokehold" means applying

10 any direct pressure to the throat, windpipe, or airway of

11 another with the intent to reduce or prevent the intake of air.

12 "Chokehold" does not include any holding involving contact

13 with the neck that is not intended to reduce the intake of air

14 such as a headlock where the only pressure applied is to the

15 head.

16 ~~(d) As used in this Section, "restraint above the~~

17 ~~shoulders with risk of positional asphyxiation" means a use of~~

18 ~~a technique used to restrain a person above the shoulders,~~

19 ~~including the neck or head, in a position which interferes~~

20 ~~with the person's ability to breathe after the person no~~

21 ~~longer poses a threat to the officer or any other person.~~

22 ~~(e) A peace officer, or any other person acting under the~~

23 ~~color of law, shall not:~~

24 ~~(i) use force as punishment or retaliation;~~

25 ~~(ii) discharge kinetic impact projectiles and all~~

26 ~~other non-lethal or less-lethal projectiles in a manner~~

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1 ~~that targets the head, neck, groin, anterior pelvis, or~~

2 ~~back;~~

3 ~~(iii) discharge conducted electrical weapons in a~~

4 ~~manner that targets the head, chest, neck, groin, or~~

5 ~~anterior pelvis;~~

6 ~~(iv) discharge firearms or kinetic impact projectiles~~

7 ~~indiscriminately into a crowd;~~

8 ~~(v) use chemical agents or irritants for crowd~~

9 ~~control, including pepper spray and tear gas, prior to~~

10 ~~issuing an order to disperse in a sufficient manner to~~

11 ~~allow for the order to be heard and repeated if necessary,~~

12 ~~followed by sufficient time and space to allow compliance~~

13 ~~with the order unless providing such time and space would~~

14 ~~unduly place an officer or another person at risk of death~~

15 ~~or great bodily harm; or~~

16 ~~(vi) use chemical agents or irritants, including~~

17 ~~pepper spray and tear gas, prior to issuing an order in a~~

18 ~~sufficient manner to ensure the order is heard, and~~

19 ~~repeated if necessary, to allow compliance with the order~~

20 ~~unless providing such time and space would unduly place an~~

21 ~~officer or another person at risk of death or great bodily~~

22 ~~harm.~~

23 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;

24 102-687, eff. 12-17-21.)

25 (720 ILCS 5/7-9) (from Ch. 38, par. 7-9)

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1 Sec. 7-9. Use of force to prevent escape.

2 (a) A peace officer or other person who has an arrested

3 person in his custody is justified in the use of such force~~,~~

4 ~~except deadly force,~~ to prevent the escape of the arrested

5 person from custody as he would be justified in using if he

6 were arresting such person.

7 (b) A guard or other peace officer is justified in the use

8 of force, including force likely to cause death or great

9 bodily harm, which he reasonably believes to be necessary to

10 prevent the escape from a penal institution of a person whom

11 the officer reasonably believes to be lawfully detained in

12 such institution under sentence for an offense or awaiting

13 trial or commitment for an offense.

14 ~~(c) Deadly force shall not be used to prevent escape under~~

15 ~~this Section unless, based on the totality of the~~

16 ~~circumstances, deadly force is necessary to prevent death or~~

17 ~~great bodily harm to himself or such other person.~~

18 (Source: P.A. 101-652, eff. 7-1-21.)

19 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)

20 Sec. 9-1. First degree murder.

21 (a) A person who kills an individual without lawful

22 justification commits first degree murder if, in performing

23 the acts which cause the death:

24 (1) he or she either intends to kill or do great bodily

25 harm to that individual or another, or knows that such

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1 acts will cause death to that individual or another; or

2 (2) he or she knows that such acts create a strong

3 probability of death or great bodily harm to that

4 individual or another; or

5 (3) he or she is attempting or committing a forcible

6 felony other than second degree murder ~~he or she, acting~~

7 ~~alone or with one or more participants, commits or~~

8 ~~attempts to commit a forcible felony other than second~~

9 ~~degree murder, and in the course of or in furtherance of~~

10 ~~such crime or flight therefrom, he or she or another~~

11 ~~participant causes the death of a person~~.

12 (b) (Blank).

13 (b-5) (Blank).

14 (c) (Blank).

15 (d) (Blank).

16 (e) (Blank).

17 (f) (Blank).

18 (g) (Blank).

19 (h) (Blank).~~.~~

20 (h-5) (Blank).

21 (i) (Blank).

22 (j) (Blank).

23 (k) (Blank).

24 (Source: P.A. 103-51, eff. 1-1-24; revised 9-20-23.)

25 (720 ILCS 5/33-3) (from Ch. 38, par. 33-3)

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1 Sec. 33-3. Official misconduct.

2 (a) A public officer or employee or special government

3 agent commits misconduct when, in his official capacity or

4 capacity as a special government agent, he or she commits any

5 of the following acts:

6 (1) Intentionally or recklessly fails to perform any

7 mandatory duty as required by law; or

8 (2) Knowingly performs an act which he knows he is

9 forbidden by law to perform; or

10 (3) With intent to obtain a personal advantage for

11 himself or another, he performs an act in excess of his

12 lawful authority; or

13 (4) Solicits or knowingly accepts for the performance

14 of any act a fee or reward which he knows is not authorized

15 by law.

16 (b) An employee of a law enforcement agency commits

17 misconduct when he or she knowingly uses or communicates,

18 directly or indirectly, information acquired in the course of

19 employment, with the intent to obstruct, impede, or prevent

20 the investigation, apprehension, or prosecution of any

21 criminal offense or person. Nothing in this subsection (b)

22 shall be construed to impose liability for communicating to a

23 confidential resource, who is participating or aiding law

24 enforcement, in an ongoing investigation.

25 (c) A public officer or employee or special government

26 agent convicted of violating any provision of this Section

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1 forfeits his or her office or employment or position as a

2 special government agent. In addition, he or she commits a

3 Class 3 felony.

4 (d) For purposes of this Section, "special ~~: "Special~~

5 government agent" has the meaning ascribed to it in subsection

6 (l) of Section 4A-101 of the Illinois Governmental Ethics Act.

7 (Source: P.A. 101-652, eff. 7-1-21.)

8 Section 240. The Criminal Code of 2012 is amended by

9 adding Section 32-15.1 as follows:

10 (720 ILCS 5/32-15.1 new)

11 Sec. 32-15.1. Bail bond false statement. Any person who in

12 any affidavit, document, schedule or other application to

13 become surety or bail for another on any bail bond or

14 recognizance in any civil or criminal proceeding then pending

15 or about to be started against the other person, having taken a

16 lawful oath or made affirmation, shall swear or affirm

17 wilfully, corruptly and falsely as to the ownership or liens

18 or incumbrances upon or the value of any real or personal

19 property alleged to be owned by the person proposed as surety

20 or bail, the financial worth or standing of the person

21 proposed as surety or bail, or as to the number or total

22 penalties of all other bonds or recognizances signed by and

23 standing against the proposed surety or bail, or any person

24 who, having taken a lawful oath or made affirmation, shall

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1 testify wilfully, corruptly and falsely as to any of said

2 matters for the purpose of inducing the approval of any such

3 bail bond or recognizance; or for the purpose of justifying on

4 any such bail bond or recognizance, or who shall suborn any

5 other person to so swear, affirm or testify as aforesaid,

6 shall be deemed and adjudged guilty of perjury or subornation

7 of perjury (as the case may be) and punished accordingly.

8 (720 ILCS 5/7-15 rep.)

9 (720 ILCS 5/7-16 rep.)

10 (720 ILCS 5/33-9 rep.)

11 Section 245. The Criminal Code of 2012 is amended by

12 repealing Sections 7-15, 7-16, and 33-9.

13 Section 250. The Code of Criminal Procedure of 1963 is

14 amended by changing the heading of Article 110 and by changing

15 Sections 102-6, 102-7, 103-5, 103-7, 103-9, 104-13, 104-17,

16 106D-1, 107-4, 107-9, 107-11, 109-1, 109-2, 109-3, 109-3.1,

17 110-1, 110-2, 110-3, 110-5, 110-5.2, 110-6, 110-6.1, 110-6.2,

18 110-6.4, 110-10, 110-11, 110-12, 110-14, 111-2, 112A-23,

19 113-3.1, 114-1, 115-4.1, and 122-6 and by adding Section

20 110-3.1 as follows:

21 (725 ILCS 5/102-6) (from Ch. 38, par. 102-6)

22 Sec. 102-6. "Bail". ~~Pretrial release.~~ "Bail" means the

23 amount of money set by the court which is required to be

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1 obligated and secured as provided by law for the release of a

2 person in custody in order that he will appear before the court

3 in which his appearance may be required and that he will comply

4 with such conditions as set forth in the bail bond. ~~"Pretrial~~

5 ~~release" has the meaning ascribed to bail in Section 9 of~~

6 ~~Article I of the Illinois Constitution where the sureties~~

7 ~~provided are nonmonetary in nature.~~

8 (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

9 (725 ILCS 5/102-7) (from Ch. 38, par. 102-7)

10 Sec. 102-7. ~~Conditions of pretrial release.~~ "Bail

11 bond"."Bail bond" means an undertaking secured by bail entered

12 into by a person in custody by which he binds himself to comply

13 with such conditions as are set forth therein. ~~"Conditions of~~

14 ~~pretrial release" means the requirements imposed upon a~~

15 ~~criminal defendant by the court under Section 110-5.~~

16 (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

17 (725 ILCS 5/103-5) (from Ch. 38, par. 103-5)

18 Sec. 103-5. Speedy trial.)

19 (a) Every person in custody in this State for an alleged

20 offense shall be tried by the court having jurisdiction within

21 120 days from the date he or she was taken into custody unless

22 delay is occasioned by the defendant, by an examination for

23 fitness ordered pursuant to Section 104-13 of this Act, by a

24 fitness hearing, by an adjudication of unfitness to stand

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1 trial, by a continuance allowed pursuant to Section 114-4 of

2 this Act after a court's determination of the defendant's

3 physical incapacity for trial, or by an interlocutory appeal.

4 Delay shall be considered to be agreed to by the defendant

5 unless he or she objects to the delay by making a written

6 demand for trial or an oral demand for trial on the record. The

7 provisions of this subsection (a) do not apply to a person on

8 bail ~~pretrial release~~ or recognizance for an offense but who

9 is in custody for a violation of his or her parole, aftercare

10 release, or mandatory supervised release for another offense.

11 The 120-day term must be one continuous period of

12 incarceration. In computing the 120-day term, separate periods

13 of incarceration may not be combined. If a defendant is taken

14 into custody a second (or subsequent) time for the same

15 offense, the term will begin again at day zero.

16 (b) Every person on bail ~~pretrial release~~ or recognizance

17 shall be tried by the court having jurisdiction within 160

18 days from the date defendant demands trial unless delay is

19 occasioned by the defendant, by an examination for fitness

20 ordered pursuant to Section 104-13 of this Act, by a fitness

21 hearing, by an adjudication of unfitness to stand trial, by a

22 continuance allowed pursuant to Section 114-4 of this Act

23 after a court's determination of the defendant's physical

24 incapacity for trial, or by an interlocutory appeal. The

25 defendant's failure to appear for any court date set by the

26 court operates to waive the defendant's demand for trial made

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1 under this subsection.

2 For purposes of computing the 160 day period under this

3 subsection (b), every person who was in custody for an alleged

4 offense and demanded trial and is subsequently released on

5 bail ~~pretrial release~~ or recognizance and demands trial, shall

6 be given credit for time spent in custody following the making

7 of the demand while in custody. Any demand for trial made under

8 this subsection (b) shall be in writing; and in the case of a

9 defendant not in custody, the demand for trial shall include

10 the date of any prior demand made under this provision while

11 the defendant was in custody.

12 (c) If the court determines that the State has exercised

13 without success due diligence to obtain evidence material to

14 the case and that there are reasonable grounds to believe that

15 such evidence may be obtained at a later day the court may

16 continue the cause on application of the State for not more

17 than an additional 60 days. If the court determines that the

18 State has exercised without success due diligence to obtain

19 results of DNA testing that is material to the case and that

20 there are reasonable grounds to believe that such results may

21 be obtained at a later day, the court may continue the cause on

22 application of the State for not more than an additional 120

23 days.

24 (d) Every person not tried in accordance with subsections

25 (a), (b) and (c) of this Section shall be discharged from

26 custody or released from the obligations of the person's bail

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1 ~~his pretrial release~~ or recognizance.

2 (e) If a person is simultaneously in custody upon more

3 than one charge pending against him in the same county, or

4 simultaneously demands trial upon more than one charge pending

5 against him in the same county, he shall be tried, or adjudged

6 guilty after waiver of trial, upon at least one such charge

7 before expiration relative to any of such pending charges of

8 the period prescribed by subsections (a) and (b) of this

9 Section. Such person shall be tried upon all of the remaining

10 charges thus pending within 160 days from the date on which

11 judgment relative to the first charge thus prosecuted is

12 rendered pursuant to the Unified Code of Corrections or, if

13 such trial upon such first charge is terminated without

14 judgment and there is no subsequent trial of, or adjudication

15 of guilt after waiver of trial of, such first charge within a

16 reasonable time, the person shall be tried upon all of the

17 remaining charges thus pending within 160 days from the date

18 on which such trial is terminated; if either such period of 160

19 days expires without the commencement of trial of, or

20 adjudication of guilt after waiver of trial of, any of such

21 remaining charges thus pending, such charge or charges shall

22 be dismissed and barred for want of prosecution unless delay

23 is occasioned by the defendant, by an examination for fitness

24 ordered pursuant to Section 104-13 of this Act, by a fitness

25 hearing, by an adjudication of unfitness for trial, by a

26 continuance allowed pursuant to Section 114-4 of this Act

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1 after a court's determination of the defendant's physical

2 incapacity for trial, or by an interlocutory appeal; provided,

3 however, that if the court determines that the State has

4 exercised without success due diligence to obtain evidence

5 material to the case and that there are reasonable grounds to

6 believe that such evidence may be obtained at a later day the

7 court may continue the cause on application of the State for

8 not more than an additional 60 days.

9 (f) Delay occasioned by the defendant shall temporarily

10 suspend for the time of the delay the period within which a

11 person shall be tried as prescribed by subsections (a), (b),

12 or (e) of this Section and on the day of expiration of the

13 delay the said period shall continue at the point at which it

14 was suspended. Where such delay occurs within 21 days of the

15 end of the period within which a person shall be tried as

16 prescribed by subsections (a), (b), or (e) of this Section,

17 the court may continue the cause on application of the State

18 for not more than an additional 21 days beyond the period

19 prescribed by subsections (a), (b), or (e). This subsection

20 (f) shall become effective on, and apply to persons charged

21 with alleged offenses committed on or after, March 1, 1977.

22 (Source: P.A. 101-652, eff. 1-1-23.)

23 (725 ILCS 5/103-7) (from Ch. 38, par. 103-7)

24 Sec. 103-7. Posting notice of rights. Every sheriff, chief

25 of police or other person who is in charge of any jail, police

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1 station or other building where persons under arrest are held

2 in custody pending investigation, bail ~~pretrial release~~ or

3 other criminal proceedings, shall post in every room, other

4 than cells, of such buildings where persons are held in

5 custody, in conspicuous places where it may be seen and read by

6 persons in custody and others, a poster, printed in large

7 type, containing a verbatim copy in the English language of

8 the provisions of Sections 103-2, 103-3, 103-4, 109-1, 110-2,

9 110-4, and sub-parts (a) and (b) of Sections 110-7.1, and

10 113-3 of this Code. Each person who is in charge of any

11 courthouse or other building in which any trial of an offense

12 is conducted shall post in each room primarily used for such

13 trials and in each room in which defendants are confined or

14 wait, pending trial, in conspicuous places where it may be

15 seen and read by persons in custody and others, a poster,

16 printed in large type, containing a verbatim copy in the

17 English language of the provisions of Sections 103-6, 113-1,

18 113-4 and 115-1 and of subparts (a) and (b) of Section 113-3 of

19 this Code.

20 (Source: P.A. 101-652, eff. 1-1-23.)

21 (725 ILCS 5/103-9) (from Ch. 38, par. 103-9)

22 Sec. 103-9. Bail bondsmen. No bail bondsman from any state

23 may seize or transport unwillingly any person found in this

24 State who is allegedly in violation of a bail bond posted in

25 some other state ~~or conditions of pretrial release~~. The return

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1 of any such person to another state may be accomplished only as

2 provided by the laws of this State. Any bail bondsman who

3 violates this Section is fully subject to the criminal and

4 civil penalties provided by the laws of this State for his

5 actions.

6 (Source: P.A. 101-652, eff. 1-1-23.)

7 (725 ILCS 5/104-13) (from Ch. 38, par. 104-13)

8 Sec. 104-13. Fitness examination.

9 (a) When the issue of fitness involves the defendant's

10 mental condition, the court shall order an examination of the

11 defendant by one or more licensed physicians, clinical

12 psychologists, or psychiatrists chosen by the court. No

13 physician, clinical psychologist or psychiatrist employed by

14 the Department of Human Services shall be ordered to perform,

15 in his official capacity, an examination under this Section.

16 (b) If the issue of fitness involves the defendant's

17 physical condition, the court shall appoint one or more

18 physicians and in addition, such other experts as it may deem

19 appropriate to examine the defendant and to report to the

20 court regarding the defendant's condition.

21 (c) An examination ordered under this Section shall be

22 given at the place designated by the person who will conduct

23 the examination, except that if the defendant is being held in

24 custody, the examination shall take place at such location as

25 the court directs. No examinations under this Section shall be

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1 ordered to take place at mental health or developmental

2 disabilities facilities operated by the Department of Human

3 Services. If the defendant fails to keep appointments without

4 reasonable cause or if the person conducting the examination

5 reports to the court that diagnosis requires hospitalization

6 or extended observation, the court may order the defendant

7 admitted to an appropriate facility for an examination, other

8 than a screening examination, for not more than 7 days. The

9 court may, upon a showing of good cause, grant an additional 7

10 days to complete the examination.

11 (d) Release on bail ~~pretrial release~~ or on recognizance

12 shall not be revoked and an application therefor shall not be

13 denied on the grounds that an examination has been ordered.

14 (e) Upon request by the defense and if the defendant is

15 indigent, the court may appoint, in addition to the expert or

16 experts chosen pursuant to subsection (a) of this Section, a

17 qualified expert selected by the defendant to examine him and

18 to make a report as provided in Section 104-15. Upon the filing

19 with the court of a verified statement of services rendered,

20 the court shall enter an order on the county board to pay such

21 expert a reasonable fee stated in the order.

22 (Source: P.A. 101-652, eff. 1-1-23.)

23 (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)

24 Sec. 104-17. Commitment for treatment; treatment plan.

25 (a) If the defendant is eligible to be or has been released

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1 on bail ~~pretrial release~~ or on his own recognizance, the court

2 shall select the least physically restrictive form of

3 treatment therapeutically appropriate and consistent with the

4 treatment plan. The placement may be ordered either on an

5 inpatient or an outpatient basis.

6 (b) If the defendant's disability is mental, the court may

7 order him placed for secure treatment in the custody of the

8 Department of Human Services, or the court may order him

9 placed in the custody of any other appropriate public or

10 private mental health facility or treatment program which has

11 agreed to provide treatment to the defendant. If the most

12 serious charge faced by the defendant is a misdemeanor, the

13 court shall order outpatient treatment, unless the court finds

14 good cause on the record to order inpatient treatment. If the

15 court orders the defendant to inpatient treatment in the

16 custody of the Department of Human Services, the Department

17 shall evaluate the defendant to determine the most appropriate

18 secure facility to receive the defendant and, within 20 days

19 of the transmittal by the clerk of the circuit court of the

20 court's placement order, notify the court of the designated

21 facility to receive the defendant. The Department shall admit

22 the defendant to a secure facility within 60 days of the

23 transmittal of the court's placement order, unless the

24 Department can demonstrate good faith efforts at placement and

25 a lack of bed and placement availability. If placement cannot

26 be made within 60 days of the transmittal of the court's

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1 placement order and the Department has demonstrated good faith

2 efforts at placement and a lack of bed and placement

3 availability, the Department shall provide an update to the

4 ordering court every 30 days until the defendant is placed.

5 Once bed and placement availability is determined, the

6 Department shall notify the sheriff who shall promptly

7 transport the defendant to the designated facility. If the

8 defendant is placed in the custody of the Department of Human

9 Services, the defendant shall be placed in a secure setting.

10 During the period of time required to determine bed and

11 placement availability at the designated facility, the

12 defendant shall remain in jail. If during the course of

13 evaluating the defendant for placement, the Department of

14 Human Services determines that the defendant is currently fit

15 to stand trial, it shall immediately notify the court and

16 shall submit a written report within 7 days. In that

17 circumstance the placement shall be held pending a court

18 hearing on the Department's report. Otherwise, upon completion

19 of the placement process, including identifying bed and

20 placement availability, the sheriff shall be notified and

21 shall transport the defendant to the designated facility. If,

22 within 60 days of the transmittal by the clerk of the circuit

23 court of the court's placement order, the Department fails to

24 provide the sheriff with notice of bed and placement

25 availability at the designated facility, the sheriff shall

26 contact the Department to inquire about when a placement will

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1 become available at the designated facility as well as bed and

2 placement availability at other secure facilities. The

3 Department shall respond to the sheriff within 2 business days

4 of the notice and inquiry by the sheriff seeking the transfer

5 and the Department shall provide the sheriff with the status

6 of the evaluation, information on bed and placement

7 availability, and an estimated date of admission for the

8 defendant and any changes to that estimated date of admission.

9 If the Department notifies the sheriff during the 2 business

10 day period of a facility operated by the Department with

11 placement availability, the sheriff shall promptly transport

12 the defendant to that facility. The placement may be ordered

13 either on an inpatient or an outpatient basis.

14 (c) If the defendant's disability is physical, the court

15 may order him placed under the supervision of the Department

16 of Human Services which shall place and maintain the defendant

17 in a suitable treatment facility or program, or the court may

18 order him placed in an appropriate public or private facility

19 or treatment program which has agreed to provide treatment to

20 the defendant. The placement may be ordered either on an

21 inpatient or an outpatient basis.

22 (d) The clerk of the circuit court shall within 5 days of

23 the entry of the order transmit to the Department, agency or

24 institution, if any, to which the defendant is remanded for

25 treatment, the following:

26 (1) a certified copy of the order to undergo

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1 treatment. Accompanying the certified copy of the order to

2 undergo treatment shall be the complete copy of any report

3 prepared under Section 104-15 of this Code or other report

4 prepared by a forensic examiner for the court;

5 (2) the county and municipality in which the offense

6 was committed;

7 (3) the county and municipality in which the arrest

8 took place;

9 (4) a copy of the arrest report, criminal charges,

10 arrest record; and

11 (5) all additional matters which the Court directs the

12 clerk to transmit.

13 (e) Within 30 days of admission to the designated

14 facility, the person supervising the defendant's treatment

15 shall file with the court, the State, and the defense a report

16 assessing the facility's or program's capacity to provide

17 appropriate treatment for the defendant and indicating his

18 opinion as to the probability of the defendant's attaining

19 fitness within a period of time from the date of the finding of

20 unfitness. For a defendant charged with a felony, the period

21 of time shall be one year. For a defendant charged with a

22 misdemeanor, the period of time shall be no longer than the

23 sentence if convicted of the most serious offense. If the

24 report indicates that there is a substantial probability that

25 the defendant will attain fitness within the time period, the

26 treatment supervisor shall also file a treatment plan which

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1 shall include:

2 (1) A diagnosis of the defendant's disability;

3 (2) A description of treatment goals with respect to

4 rendering the defendant fit, a specification of the

5 proposed treatment modalities, and an estimated timetable

6 for attainment of the goals;

7 (3) An identification of the person in charge of

8 supervising the defendant's treatment.

9 (Source: P.A. 101-652, eff. 1-1-23; 102-1118, eff. 1-18-23.)

10 (725 ILCS 5/106D-1)

11 Sec. 106D-1. Defendant's appearance by closed circuit

12 television and video conference ~~two-way audio-visual~~

13 ~~communication system~~.

14 (a) Whenever the appearance in person in court, in either

15 a civil or criminal proceeding, is required of anyone held in a

16 place of custody or confinement operated by the State or any of

17 its political subdivisions, including counties and

18 municipalities, the chief judge of the circuit by rule may

19 permit the personal appearance to be made by means of ~~a~~ two-way

20 audio-visual communication ~~system~~, including closed circuit

21 television and computerized video conference, in the following

22 proceedings:

23 (1) the initial appearance before a judge on a

24 criminal complaint, at which bail will be set; ~~as provided~~

25 ~~in subsection (f) of Section 109-1~~;

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1 (2) the waiver of a preliminary hearing;

2 (3) the arraignment on an information or indictment at

3 which a plea of not guilty will be entered;

4 (4) the presentation of a jury waiver;

5 (5) any status hearing;

6 (6) any hearing conducted under the Sexually Violent

7 Persons Commitment Act at which no witness testimony will

8 be taken; and

9 (7) at any hearing at which no witness testimony will

10 be taken conducted under the following:

11 (A) Section 104-20 of this Code (90-day hearings);

12 (B) Section 104-22 of this Code (trial with

13 special provisions and assistance);

14 (C) Section 104-25 of this Code (discharge

15 hearing); or

16 (D) Section 5-2-4 of the Unified Code of

17 Corrections (proceedings after acquittal by reason of

18 insanity).

19 (b) The two-way audio-visual communication facilities must

20 provide two-way audio-visual communication between the court

21 and the place of custody or confinement, and must include a

22 secure line over which the person in custody and his or her

23 counsel, if any, may communicate.

24 (c) Nothing in this Section shall be construed to prohibit

25 other court appearances through the use of ~~a~~ two-way

26 audio-visual communication, upon waiver of any right the

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1 person in custody or confinement may have to be present

2 physically. ~~system if the person in custody or confinement~~

3 ~~waives the right to be present physically in court, the court~~

4 ~~determines that the physical health and safety of any person~~

5 ~~necessary to the proceedings would be endangered by appearing~~

6 ~~in court, or the chief judge of the circuit orders use of that~~

7 ~~system due to operational challenges in conducting the hearing~~

8 ~~in person. Such operational challenges must be documented and~~

9 ~~approved by the chief judge of the circuit, and a plan to~~

10 ~~address the challenges through reasonable efforts must be~~

11 ~~presented and approved by the Administrative Office of the~~

12 ~~Illinois Courts every 6 months.~~

13 (d) Nothing in this Section shall be construed to

14 establish a right of any person held in custody or confinement

15 to appear in court through ~~a~~ two-way audio-visual

16 communication ~~system~~ or to require that any governmental

17 entity, or place of custody or confinement, provide ~~a~~ two-way

18 audio-visual communication ~~system~~.

19 (Source: P.A. 101-652, eff. 1-1-23; 102-486, eff. 8-20-21;

20 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23.)

21 (725 ILCS 5/107-4) (from Ch. 38, par. 107-4)

22 Sec. 107-4. Arrest by peace officer from other

23 jurisdiction.

24 (a) As used in this Section:

25 (1) "State" means any State of the United States and

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1 the District of Columbia.

2 (2) "Peace Officer" means any peace officer or member

3 of any duly organized State, County, or Municipal peace

4 unit, any police force of another State, the United States

5 Department of Defense, or any police force whose members,

6 by statute, are granted and authorized to exercise powers

7 similar to those conferred upon any peace officer employed

8 by a law enforcement agency of this State.

9 (3) "Fresh pursuit" means the immediate pursuit of a

10 person who is endeavoring to avoid arrest.

11 (4) "Law enforcement agency" means a municipal police

12 department or county sheriff's office of this State.

13 (a-3) Any peace officer employed by a law enforcement

14 agency of this State may conduct temporary questioning

15 pursuant to Section 107-14 of this Code and may make arrests in

16 any jurisdiction within this State: (1) if the officer is

17 engaged in the investigation of criminal activity that

18 occurred in the officer's primary jurisdiction and the

19 temporary questioning or arrest relates to, arises from, or is

20 conducted pursuant to that investigation; or (2) if the

21 officer, while on duty as a peace officer, becomes personally

22 aware of the immediate commission of a felony or misdemeanor

23 violation of the laws of this State; or (3) if the officer,

24 while on duty as a peace officer, is requested by an

25 appropriate State or local law enforcement official to render

26 aid or assistance to the requesting law enforcement agency

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1 that is outside the officer's primary jurisdiction; or (4) in

2 accordance with Section 2605-580 of the Illinois State Police

3 Law of the Civil Administrative Code of Illinois. While acting

4 pursuant to this subsection, an officer has the same authority

5 as within his or her own jurisdiction.

6 (a-7) The law enforcement agency of the county or

7 municipality in which any arrest is made under this Section

8 shall be immediately notified of the arrest.

9 (b) Any peace officer of another State who enters this

10 State in fresh pursuit and continues within this State in

11 fresh pursuit of a person in order to arrest him on the ground

12 that he has committed an offense in the other State has the

13 same authority to arrest and hold the person in custody as

14 peace officers of this State have to arrest and hold a person

15 in custody on the ground that he has committed an offense in

16 this State.

17 (c) If an arrest is made in this State by a peace officer

18 of another State in accordance with the provisions of this

19 Section he shall without unnecessary delay take the person

20 arrested before the circuit court of the county in which the

21 arrest was made. Such court shall conduct a hearing for the

22 purpose of determining the lawfulness of the arrest. If the

23 court determines that the arrest was lawful it shall commit

24 the person arrested, to await for a reasonable time the

25 issuance of an extradition warrant by the Governor of this

26 State, or admit him to bail ~~pretrial release~~ for such purpose.

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1 If the court determines that the arrest was unlawful it shall

2 discharge the person arrested.

3 (Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21;

4 102-813, eff. 5-13-22.)

5 (725 ILCS 5/107-9) (from Ch. 38, par. 107-9)

6 Sec. 107-9. Issuance of arrest warrant upon complaint.

7 (a) When a complaint is presented to a court charging that

8 an offense has been committed, it shall examine upon oath or

9 affirmation the complainant or any witnesses.

10 (b) The complaint shall be in writing and shall:

11 (1) State the name of the accused if known, and if not

12 known the accused may be designated by any name or

13 description by which he can be identified with reasonable

14 certainty;

15 (2) State the offense with which the accused is

16 charged;

17 (3) State the time and place of the offense as

18 definitely as can be done by the complainant; and

19 (4) Be subscribed and sworn to by the complainant.

20 (b-5) If an arrest warrant ~~or summons~~ is sought and the

21 request is made by electronic means that has a simultaneous

22 video and audio transmission between the requester and a

23 judge, the judge may issue an arrest warrant ~~or summons~~ based

24 upon a sworn complaint or sworn testimony communicated in the

25 transmission.

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1 (c) A warrant shall ~~or summons may~~ be issued by the court

2 for the arrest ~~or appearance~~ of the person complained against

3 if it appears from the contents of the complaint and the

4 examination of the complainant or other witnesses, if any,

5 that the person against whom the complaint was made has

6 committed an offense.

7 (d) The warrant of arrest ~~or summons~~ shall:

8 (1) Be in writing;

9 (2) Specify the name, sex and birth date of the person

10 to be arrested ~~or summoned~~ or, if his name, sex or birth

11 date is unknown, shall designate such person by any name

12 or description by which the person can be identified with

13 reasonable certainty;

14 (3) Set forth the nature of the offense;

15 (4) State the date when issued and the municipality or

16 county where issued;

17 (5) Be signed by the judge of the court with the title

18 of the judge's office; ~~and~~

19 (6) Command that the person against whom the complaint

20 was made ~~to~~ be arrested and brought before the court

21 issuing the warrant or if he is absent or unable to act

22 before the nearest or most accessible court in the same

23 county ~~issuing the warrant or the nearest or most~~

24 ~~accessible court in the same county, or appear before the~~

25 ~~court at a certain time and place~~;

26 (7) Specify the amount of bail ~~conditions of pretrial~~

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1 ~~release, if any~~; and

2 (8) Specify any geographical limitation placed on the

3 execution of the warrant~~, if any,~~ but such limitation

4 shall not be expressed in mileage.

5 ~~(e) The summons may be served in the same manner as the~~

6 ~~summons in a civil action, except that a police officer may~~

7 ~~serve a summons for a violation of an ordinance occurring~~

8 ~~within the municipality of the police officer.~~

9 ~~(f) If the person summoned fails to appear by the date~~

10 ~~required or cannot be located to serve the summons, a warrant~~

11 ~~may be issued by the court for the arrest of the person~~

12 ~~complained against.~~

13 ~~(g) A warrant of arrest issued under this Section shall~~

14 ~~incorporate the information included in the summons, and shall~~

15 ~~comply with the following:~~

16 ~~(1) The arrest warrant shall specify any geographic~~

17 ~~limitation placed on the execution of the warrant, but~~

18 ~~such limitation shall not be expressed in mileage.~~

19 (e) ~~(2)~~ The ~~arrest~~ warrant shall be directed to all peace

20 officers in the State. It shall be executed by the peace

21 officer, or by a private person specially named therein, at

22 any location within the geographic limitation for execution

23 placed on the warrant. If no geographic limitation is placed

24 on the warrant, then it may be executed anywhere in the State.

25 (f) ~~(h)~~ The arrest warrant ~~or summons~~ may be issued

26 electronically or electromagnetically by use of electronic

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1 mail or a facsimile transmission machine and any ~~such~~ arrest

2 warrant ~~or summons~~ shall have the same validity as a written

3 ~~arrest~~ warrant ~~or summons~~.

4 (Source: P.A. 101-239, eff. 1-1-20; 101-652, eff. 1-1-23;

5 102-1104, eff. 1-1-23.)

6 (725 ILCS 5/107-11) (from Ch. 38, par. 107-11)

7 Sec. 107-11. When summons may be issued.

8 (a) When authorized to issue a warrant of arrest, a court

9 may instead issue a summons.

10 (b) The summons shall:

11 (1) Be in writing;

12 (2) State the name of the person summoned and his or

13 her address, if known;

14 (3) Set forth the nature of the offense;

15 (4) State the date when issued and the municipality or

16 county where issued;

17 (5) Be signed by the judge of the court with the title

18 of his or her office; and

19 (6) Command the person to appear before a court at a

20 certain time and place.

21 (c) The summons may be served in the same manner as the

22 summons in a civil action ~~or by certified or regular mail~~,

23 except that police officers may serve summons for violations

24 of ordinances occurring within their municipalities.

25 (Source: P.A. 102-1104, eff. 12-6-22.)

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1 (725 ILCS 5/109-1) (from Ch. 38, par. 109-1)

2 Sec. 109-1. Person arrested~~; release from law enforcement~~

3 ~~custody and court appearance; geographic constraints prevent~~

4 ~~in-person appearances~~.

5 (a) A person arrested with or without a warrant ~~for an~~

6 ~~offense for which pretrial release may be denied under~~

7 ~~paragraphs (1) through (6) of Section 110-6.1~~ shall be taken

8 without unnecessary delay before the nearest and most

9 accessible judge in that county, except when such county is a

10 participant in a regional jail authority, in which event such

11 person may be taken to the nearest and most accessible judge,

12 irrespective of the county where such judge presides, ~~within~~

13 ~~48 hours,~~ and a charge shall be filed. Whenever a person

14 arrested either with or without a warrant is required to be

15 taken before a judge, a charge may be filed against such person

16 by way of a two-way closed circuit television system

17 ~~audio-visual communication system~~, except that a hearing to

18 deny ~~pretrial release~~ bail to the defendant may not be

19 conducted by way of closed circuit television ~~two-way~~

20 ~~audio-visual communication system unless the accused waives~~

21 ~~the right to be present physically in court, the court~~

22 ~~determines that the physical health and safety of any person~~

23 ~~necessary to the proceedings would be endangered by appearing~~

24 ~~in court, or the chief judge of the circuit orders use of that~~

25 ~~system due to operational challenges in conducting the hearing~~

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1 ~~in person. Such operational challenges must be documented and~~

2 ~~approved by the chief judge of the circuit, and a plan to~~

3 ~~address the challenges through reasonable efforts must be~~

4 ~~presented and approved by the Administrative Office of the~~

5 ~~Illinois Courts every 6 months.~~.

6 ~~(a-1) Law enforcement shall issue a citation in lieu of~~

7 ~~custodial arrest, upon proper identification, for those~~

8 ~~accused of any offense that is not a felony or Class A~~

9 ~~misdemeanor unless (i) a law enforcement officer reasonably~~

10 ~~believes the accused poses a threat to the community or any~~

11 ~~person, (ii) a custodial arrest is necessary because the~~

12 ~~criminal activity persists after the issuance of a citation,~~

13 ~~or (iii) the accused has an obvious medical or mental health~~

14 ~~issue that poses a risk to the accused's own safety. Nothing in~~

15 ~~this Section requires arrest in the case of Class A~~

16 ~~misdemeanor and felony offenses, or otherwise limits existing~~

17 ~~law enforcement discretion to decline to effect a custodial~~

18 ~~arrest.~~

19 ~~(a-3) A person arrested with or without a warrant for an~~

20 ~~offense for which pretrial release may not be denied may,~~

21 ~~except as otherwise provided in this Code, be released by a law~~

22 ~~enforcement officer without appearing before a judge. A~~

23 ~~presumption in favor of pretrial release shall be applied by~~

24 ~~an arresting officer in the exercise of his or her discretion~~

25 ~~under this Section.~~

26 (a-5) A person charged with an offense shall be allowed

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1 counsel at the hearing at which ~~pretrial release~~ bail is

2 determined under Article 110 of this Code. If the defendant

3 desires counsel for his or her initial appearance but is

4 unable to obtain counsel, the court shall appoint a public

5 defender or licensed attorney at law of this State to

6 represent him or her for purposes of that hearing.

7 (b) ~~Upon initial appearance of a person before the court,~~

8 ~~the~~ The judge shall:

9 (1) inform the defendant of the charge against him and

10 shall provide him with a copy of the charge;

11 (2) advise the defendant of his right to counsel and

12 if indigent shall appoint a public defender or licensed

13 attorney at law of this State to represent him in

14 accordance with the provisions of Section 113-3 of this

15 Code;

16 (3) schedule a preliminary hearing in appropriate

17 cases;

18 (4) admit the defendant to ~~pretrial release~~ bail in

19 accordance with the provisions of Article ~~110/5~~ 110 of

20 this Code~~, or upon verified petition of the State, proceed~~

21 ~~with the setting of a detention hearing as provided in~~

22 ~~Section 110-6.1~~; and

23 (5) order ~~Order~~ the confiscation of the person's

24 passport or impose travel restrictions on a defendant

25 arrested for first degree murder or other violent crime as

26 defined in Section 3 of the Rights of Crime Victims and

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1 Witnesses Act, if the judge determines, based on the

2 factors in Section 110-5 of this Code, that this will

3 reasonably ensure the appearance of the defendant and

4 compliance by the defendant with all conditions of

5 release.

6 (c) The court may issue an order of protection in

7 accordance with the provisions of Article 112A of this Code.

8 ~~Crime victims shall be given notice by the State's Attorney's~~

9 ~~office of this hearing as required in paragraph (2) of~~

10 ~~subsection (b) of the Rights of Crime Victims and Witnesses~~

11 ~~Act and shall be informed of their opportunity at this hearing~~

12 ~~to obtain an order of protection under Article 112A of this~~

13 ~~Code.~~

14 (d) At the initial appearance of a defendant in any

15 criminal proceeding, the court must advise the defendant in

16 open court that any foreign national who is arrested or

17 detained has the right to have notice of the arrest or

18 detention given to his or her country's consular

19 representatives and the right to communicate with those

20 consular representatives if the notice has not already been

21 provided. The court must make a written record of so advising

22 the defendant.

23 (e) If consular notification is not provided to a

24 defendant before his or her first appearance in court, the

25 court shall grant any reasonable request for a continuance of

26 the proceedings to allow contact with the defendant's

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1 consulate. Any delay caused by the granting of the request by a

2 defendant shall temporarily suspend for the time of the delay

3 the period within which a person shall be tried as prescribed

4 by subsections (a), (b), or (e) of Section 103-5 of this Code

5 and on the day of the expiration of delay the period shall

6 continue at the point at which it was suspended.

7 ~~(f) At the hearing at which conditions of pretrial release~~

8 ~~are determined, the person charged shall be present in person~~

9 ~~rather than by two-way audio-video communication system unless~~

10 ~~the accused waives the right to be present physically in~~

11 ~~court, the court determines that the physical health and~~

12 ~~safety of any person necessary to the proceedings would be~~

13 ~~endangered by appearing in court, or the chief judge of the~~

14 ~~circuit orders use of that system due to operational~~

15 ~~challenges in conducting the hearing in person. Such~~

16 ~~operational challenges must be documented and approved by the~~

17 ~~chief judge of the circuit, and a plan to address the~~

18 ~~challenges through reasonable efforts must be presented and~~

19 ~~approved by the Administrative Office of the Illinois Courts~~

20 ~~every 6 months.~~

21 ~~(g) Defense counsel shall be given adequate opportunity to~~

22 ~~confer with the defendant prior to any hearing in which~~

23 ~~conditions of release or the detention of the defendant is to~~

24 ~~be considered, with a physical accommodation made to~~

25 ~~facilitate attorney/client consultation. If defense counsel~~

26 ~~needs to confer or consult with the defendant during any~~

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1 ~~hearing conducted via a two-way audio-visual communication~~

2 ~~system, such consultation shall not be recorded and shall be~~

3 ~~undertaken consistent with constitutional protections.~~

4 (Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22;

5 102-1104, eff. 1-1-23.)

6 (725 ILCS 5/109-2) (from Ch. 38, par. 109-2)

7 Sec. 109-2. Person arrested in another county.

8 (a) Any person arrested in a county other than the one in

9 which a warrant for his arrest was issued shall be taken

10 without unnecessary delay before the nearest and most

11 accessible judge in the county where the arrest was made or, if

12 no additional delay is created, before the nearest and most

13 accessible judge in the county from which the warrant was

14 issued. He shall be admitted to bail in the amount specified in

15 the warrant or, for offenses other than felonies, in an amount

16 as set by the judge, and such bail shall be conditioned on his

17 appearing in the court issuing the warrant on a certain date.

18 The judge may hold a hearing to determine if the defendant is

19 the same person as named in the warrant.

20 (b) Notwithstanding the provisions of subsection (a), any

21 person arrested in a county other than the one in which a

22 warrant for his arrest was issued, may waive the right to be

23 taken before a judge in the county where the arrest was made.

24 If a person so arrested waives such right, the arresting

25 agency shall surrender such person to a law enforcement agency

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1 of the county that issued the warrant without unnecessary

2 delay. The provisions of Section 109-1 shall then apply to the

3 person so arrested.

4 ~~(c) If a person is taken before a judge in any county and a~~

5 ~~warrant for arrest issued by another Illinois county exists~~

6 ~~for that person, the court in the arresting county shall hold~~

7 ~~for that person a detention hearing under Section 110-6.1, or~~

8 ~~other hearing under Section 110-5 or Section 110-6.~~

9 ~~(d) After the court in the arresting county has determined~~

10 ~~whether the person shall be released or detained on the~~

11 ~~arresting offense, the court shall then order the sheriff to~~

12 ~~immediately contact the sheriff in any county where any~~

13 ~~warrant is outstanding and notify them of the arrest of the~~

14 ~~individual.~~

15 ~~(e) If a person has a warrant in another county for an~~

16 ~~offense, then, no later than 5 calendar days after the end of~~

17 ~~any detention issued on the charge in the arresting county,~~

18 ~~the county where the warrant is outstanding shall do one of the~~

19 ~~following:~~

20 ~~(1) transport the person to the county where the~~

21 ~~warrant was issued for a hearing under Section 110-6 or~~

22 ~~110-6.1 in the matter for which the warrant was issued; or~~

23 ~~(2) quash the warrant and order the person released on~~

24 ~~the case for which the warrant was issued only when the~~

25 ~~county that issued the warrant fails to transport the~~

26 ~~defendant in the timeline as proscribed.~~

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1 ~~(f) If the issuing county fails to take any action under~~

2 ~~subsection (e) within 5 calendar days, the defendant shall be~~

3 ~~released from custody on the warrant, and the circuit judge or~~

4 ~~associate circuit judge in the county of arrest shall set~~

5 ~~conditions of release under Section 110-5 and shall admit the~~

6 ~~defendant to pretrial release for his or her appearance before~~

7 ~~the court named in the warrant. Upon releasing the defendant,~~

8 ~~the circuit judge or associate circuit judge shall certify~~

9 ~~such a fact on the warrant and deliver the warrant and the~~

10 ~~acknowledgment by the defendant of his or her receiving the~~

11 ~~conditions of pretrial release to the officer having charge of~~

12 ~~the defendant from arrest and without delay deliver such~~

13 ~~warrant and such acknowledgment by the defendant of his or her~~

14 ~~receiving the conditions to the court before which the~~

15 ~~defendant is required to appear.~~

16 ~~(g) If a person has a warrant in another county, in lieu of~~

17 ~~transporting the person to the issuing county as outlined in~~

18 ~~subsection (e), the issuing county may hold the hearing by way~~

19 ~~of a two-way audio-visual communication system if the accused~~

20 ~~waives the right to be physically present in court, the court~~

21 ~~determines that the physical health and safety of any person~~

22 ~~necessary to the proceedings would be endangered by appearing~~

23 ~~in court, or the chief judge of the circuit orders use of that~~

24 ~~system due to operational challenges in conducting the hearing~~

25 ~~in person. Such operational challenges must be documented and~~

26 ~~approved by the chief judge of the circuit, and a plan to~~

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1 ~~address the challenges through reasonable efforts must be~~

2 ~~presented and approved by the Administrative Office of the~~

3 ~~Illinois Courts every 6 months.~~

4 ~~(h) If more than 2 Illinois county warrants exist, the~~

5 ~~judge in the county of arrest shall order that the process~~

6 ~~described in subsections (d) through (f) occur in each county~~

7 ~~in whatever order the judge finds most appropriate. Each judge~~

8 ~~in each subsequent county shall then follow the rules in this~~

9 ~~Section.~~

10 ~~(i) This Section applies only to warrants issued by~~

11 ~~Illinois state, county, or municipal courts.~~

12 ~~(j) When an issuing agency is contacted by an out-of-state~~

13 ~~agency of a person arrested for any offense, or when an~~

14 ~~arresting agency is contacted by or contacts an out-of-state~~

15 ~~issuing agency, the Uniform Criminal Extradition Act shall~~

16 ~~govern.~~

17 (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

18 (725 ILCS 5/109-3) (from Ch. 38, par. 109-3)

19 Sec. 109-3. Preliminary examination.

20 (a) The judge shall hold the defendant to answer to the

21 court having jurisdiction of the offense if from the evidence

22 it appears there is probable cause to believe an offense has

23 been committed by the defendant, as provided in Section

24 109-3.1 of this Code, if the offense is a felony.

25 (b) If the defendant waives preliminary examination the

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1 judge shall hold him to answer and may, or on the demand of the

2 prosecuting attorney shall, cause the witnesses for the State

3 to be examined. After hearing the testimony if it appears that

4 there is not probable cause to believe the defendant guilty of

5 any offense the judge shall discharge him.

6 (c) During the examination of any witness or when the

7 defendant is making a statement or testifying the judge may

8 and on the request of the defendant or State shall exclude all

9 other witnesses. He may also cause the witnesses to be kept

10 separate and to be prevented from communicating with each

11 other until all are examined.

12 (d) If the defendant is held to answer the judge may

13 require any material witness for the State or defendant to

14 enter into a written undertaking to appear at the trial, and

15 may provide for the forfeiture of a sum certain in the event

16 the witness does not appear at the trial. Any witness who

17 refuses to execute a recognizance may be committed by the

18 judge to the custody of the sheriff until trial or further

19 order of the court having jurisdiction of the cause. Any

20 witness who executes a recognizance and fails to comply with

21 its terms shall, in addition to any forfeiture provided in the

22 recognizance, be subject to the penalty provided in Section

23 32-10 of the Criminal Code of 2012 for violation of bail bond

24 ~~commits a Class C misdemeanor~~.

25 (e) During preliminary hearing or examination the

26 defendant may move for an order of suppression of evidence

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1 pursuant to Section 114-11 or 114-12 of this Act or for other

2 reasons, and may move for dismissal of the charge pursuant to

3 Section 114-1 of this Act or for other reasons.

4 (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

5 (725 ILCS 5/109-3.1) (from Ch. 38, par. 109-3.1)

6 Sec. 109-3.1. Persons charged with felonies.

7 (a) In any case involving a person charged with a felony in

8 this State, alleged to have been committed on or after January

9 1, 1984, the provisions of this Section shall apply.

10 (b) Every person in custody in this State for the alleged

11 commission of a felony shall receive either a preliminary

12 examination as provided in Section 109-3 or an indictment by

13 Grand Jury as provided in Section 111-2, within 30 days from

14 the date he or she was taken into custody. Every person on bail

15 or recognizance ~~released pretrial~~ for the alleged commission

16 of a felony shall receive either a preliminary examination as

17 provided in Section 109-3 or an indictment by Grand Jury as

18 provided in Section 111-2, within 60 days from the date he or

19 she was arrested.

20 The provisions of this paragraph shall not apply in the

21 following situations:

22 (1) when delay is occasioned by the defendant; or

23 (2) when the defendant has been indicted by the Grand

24 Jury on the felony offense for which he or she was

25 initially taken into custody or on an offense arising from

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1 the same transaction or conduct of the defendant that was

2 the basis for the felony offense or offenses initially

3 charged; or

4 (3) when a competency examination is ordered by the

5 court; or

6 (4) when a competency hearing is held; or

7 (5) when an adjudication of incompetency for trial has

8 been made; or

9 (6) when the case has been continued by the court

10 under Section 114-4 of this Code after a determination

11 that the defendant is physically incompetent to stand

12 trial.

13 (c) Delay occasioned by the defendant shall temporarily

14 suspend, for the time of the delay, the period within which the

15 preliminary examination must be held. On the day of expiration

16 of the delay the period in question shall continue at the point

17 at which it was suspended.

18 (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

19 (725 ILCS 5/Art. 110 heading)

20 ARTICLE 110. BAIL ~~PRETRIAL RELEASE~~

21 (725 ILCS 5/110-1) (from Ch. 38, par. 110-1)

22 Sec. 110-1. Definitions. As used in this Article:

23 ~~(a) (Blank).~~

24 "Security" is that which is required to be pledged to

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1 insure the payment of bail.

2 ~~(b)~~ "Sureties" encompasses the monetary and nonmonetary

3 requirements set by the court as conditions for release either

4 before or after conviction. "Surety" is one who executes a

5 bail bond and binds himself to pay the bail if the person in

6 custody fails to comply with all conditions of the bail bond.

7 ~~(c)~~ The phrase "for which a sentence of imprisonment,

8 without conditional and revocable release, shall be imposed by

9 law as a consequence of conviction" means an offense for which

10 a sentence of imprisonment ~~in the Department of Corrections~~,

11 without probation, periodic imprisonment or conditional

12 discharge, is required by law upon conviction.

13 "Real and present threat to the physical safety of any

14 person or persons", as used in this Article, includes a threat

15 to the community, person, persons or class of persons.

16 ~~(d)(Blank).~~

17 ~~(e) "Protective order" means any order of protection~~

18 ~~issued under Section 112A-14 of this Code or the Illinois~~

19 ~~Domestic Violence Act of 1986, a stalking no contact order~~

20 ~~issued under Section 80 of the Stalking No Contact Order Act,~~

21 ~~or a civil no contact order issued under Section 213 of the~~

22 ~~Civil No Contact Order Act.~~

23 ~~(f) "Willful flight" means intentional conduct with a~~

24 ~~purpose to thwart the judicial process to avoid prosecution.~~

25 ~~Isolated instances of nonappearance in court alone are not~~

26 ~~evidence of the risk of willful flight. Reoccurrence and~~

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1 ~~patterns of intentional conduct to evade prosecution, along~~

2 ~~with any affirmative steps to communicate or remedy any such~~

3 ~~missed court date, may be considered as factors in assessing~~

4 ~~future intent to evade prosecution.~~

5 (Source: P.A. 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23;

6 103-154, eff. 6-30-23.)

7 (725 ILCS 5/110-2) (from Ch. 38, par. 110-2)

8 Sec. 110-2. Release on own recognizance ~~Pretrial release~~.

9 When from all the circumstances the court is of the opinion

10 that the defendant will appear as required either before or

11 after conviction and the defendant will not pose a danger to

12 any person or the community and that the defendant will comply

13 with all conditions of bond, which shall include the

14 defendant's current address with a written admonishment to the

15 defendant that he or she must comply with the provisions of

16 Section 110-12 of this Code regarding any change in his or her

17 address, the defendant may be released on his or her own

18 recognizance. The defendant's address shall at all times

19 remain a matter of public record with the clerk of the court. A

20 failure to appear as required by such recognizance shall

21 constitute an offense subject to the penalty provided in

22 Section 32-10 of the Criminal Code of 2012 for violation of the

23 bail bond, and any obligated sum fixed in the recognizance

24 shall be forfeited and collected in accordance with subsection

25 (g) of Section 110-7.1 of this Code.

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1 This Section shall be liberally construed to effectuate

2 the purpose of relying upon contempt of court proceedings or

3 criminal sanctions instead of financial loss to assure the

4 appearance of the defendant, and that the defendant will not

5 pose a danger to any person or the community and that the

6 defendant will comply with all conditions of bond. Monetary

7 bail should be set only when it is determined that no other

8 conditions of release will reasonably assure the defendant's

9 appearance in court, that the defendant does not present a

10 danger to any person or the community and that the defendant

11 will comply with all conditions of bond.

12 The State may appeal any order permitting release by

13 personal recognizance.

14 ~~(a) All persons charged with an offense shall be eligible~~

15 ~~for pretrial release before conviction. It is presumed that a~~

16 ~~defendant is entitled to release on personal recognizance on~~

17 ~~the condition that the defendant attend all required court~~

18 ~~proceedings and the defendant does not commit any criminal~~

19 ~~offense, and complies with all terms of pretrial release,~~

20 ~~including, but not limited to, orders of protection under both~~

21 ~~Section 112A-4 of this Code and Section 214 of the Illinois~~

22 ~~Domestic Violence Act of 1986, all civil no contact orders,~~

23 ~~and all stalking no contact orders. Pretrial release may be~~

24 ~~denied only if a person is charged with an offense listed in~~

25 ~~Section 110-6.1 and after the court has held a hearing under~~

26 ~~Section 110-6.1, and in a manner consistent with subsections~~

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1 ~~(b), (c), and (d) of this Section.~~

2 ~~(b) At all pretrial hearings, the prosecution shall have~~

3 ~~the burden to prove by clear and convincing evidence that any~~

4 ~~condition of release is necessary.~~

5 ~~(c) When it is alleged that pretrial release should be~~

6 ~~denied to a person upon the grounds that the person presents a~~

7 ~~real and present threat to the safety of any person or persons~~

8 ~~or the community, based on the specific articulable facts of~~

9 ~~the case, the burden of proof of such allegations shall be upon~~

10 ~~the State.~~

11 ~~(d) When it is alleged that pretrial release should be~~

12 ~~denied to a person charged with stalking or aggravated~~

13 ~~stalking upon the grounds set forth in Section 110-6.3, the~~

14 ~~burden of proof of those allegations shall be upon the State.~~

15 ~~(e) This Section shall be liberally construed to~~

16 ~~effectuate the purpose of relying on pretrial release by~~

17 ~~nonmonetary means to reasonably ensure an eligible person's~~

18 ~~appearance in court, the protection of the safety of any other~~

19 ~~person or the community, that the person will not attempt or~~

20 ~~obstruct the criminal justice process, and the person's~~

21 ~~compliance with all conditions of release, while authorizing~~

22 ~~the court, upon motion of a prosecutor, to order pretrial~~

23 ~~detention of the person under Section 110-6.1 when it finds~~

24 ~~clear and convincing evidence that no condition or combination~~

25 ~~of conditions can reasonably ensure the effectuation of these~~

26 ~~goals.~~

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1 (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

2 (725 ILCS 5/110-3.1 new)

3 Sec. 110-3.1. Issuance of warrant.

4 (a) Upon failure to comply with any condition of a bail

5 bond or recognizance the court having jurisdiction at the time

6 of such failure may, in addition to any other action provided

7 by law, issue a warrant for the arrest of the person at liberty

8 on bail or his own recognizance. The contents of such a warrant

9 shall be the same as required for an arrest warrant issued upon

10 complaint. When a defendant is at liberty on bail or his own

11 recognizance on a felony charge and fails to appear in court as

12 directed, the court shall issue a warrant for the arrest of

13 such person. Such warrant shall be noted with a directive to

14 peace officers to arrest the person and hold such person

15 without bail and to deliver such person before the court for

16 further proceedings.

17 (b) A defendant who is arrested or surrenders within 30

18 days of the issuance of such warrant shall not be bailable in

19 the case in question unless he shows by the preponderance of

20 the evidence that his failure to appear was not intentional.

21 (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)

22 Sec. 110-5. Determining the amount of bail and conditions

23 of release.

24 (a) In determining the amount of monetary bail or

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1 conditions of release, if any, which will reasonably assure

2 the appearance of a defendant as required or the safety of any

3 other person or the community and the likelihood of compliance

4 by the defendant with all the conditions of bail, the court

5 shall, on the basis of available information, take into

6 account such matters as the nature and circumstances of the

7 offense charged, whether the evidence shows that as part of

8 the offense there was a use of violence or threatened use of

9 violence, whether the offense involved corruption of public

10 officials or employees, whether there was physical harm or

11 threats of physical harm to any public official, public

12 employee, judge, prosecutor, juror or witness, senior citizen,

13 child, or person with a disability, whether evidence shows

14 that during the offense or during the arrest the defendant

15 possessed or used a firearm, machine gun, explosive or metal

16 piercing ammunition or explosive bomb device or any military

17 or paramilitary armament, whether the evidence shows that the

18 offense committed was related to or in furtherance of the

19 criminal activities of an organized gang or was motivated by

20 the defendant's membership in or allegiance to an organized

21 gang, the condition of the victim, any written statement

22 submitted by the victim or proffer or representation by the

23 State regarding the impact which the alleged criminal conduct

24 has had on the victim and the victim's concern, if any, with

25 further contact with the defendant if released on bail,

26 whether the offense was based on racial, religious, sexual

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1 orientation or ethnic hatred, the likelihood of the filing of

2 a greater charge, the likelihood of conviction, the sentence

3 applicable upon conviction, the weight of the evidence against

4 such defendant, whether there exists motivation or ability to

5 flee, whether there is any verification as to prior residence,

6 education, or family ties in the local jurisdiction, in

7 another county, state or foreign country, the defendant's

8 employment, financial resources, character and mental

9 condition, past conduct, prior use of alias names or dates of

10 birth, and length of residence in the community, the consent

11 of the defendant to periodic drug testing in accordance with

12 Section 110-6.5-1, whether a foreign national defendant is

13 lawfully admitted in the United States of America, whether the

14 government of the foreign national maintains an extradition

15 treaty with the United States by which the foreign government

16 will extradite to the United States its national for a trial

17 for a crime allegedly committed in the United States, whether

18 the defendant is currently subject to deportation or exclusion

19 under the immigration laws of the United States, whether the

20 defendant, although a United States citizen, is considered

21 under the law of any foreign state a national of that state for

22 the purposes of extradition or non-extradition to the United

23 States, the amount of unrecovered proceeds lost as a result of

24 the alleged offense, the source of bail funds tendered or

25 sought to be tendered for bail, whether from the totality of

26 the court's consideration, the loss of funds posted or sought

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1 to be posted for bail will not deter the defendant from flight,

2 whether the evidence shows that the defendant is engaged in

3 significant possession, manufacture, or delivery of a

4 controlled substance or cannabis, either individually or in

5 consort with others, whether at the time of the offense

6 charged he or she was on bond or pre-trial release pending

7 trial, probation, periodic imprisonment or conditional

8 discharge pursuant to this Code or the comparable Code of any

9 other state or federal jurisdiction, whether the defendant is

10 on bond or pre-trial release pending the imposition or

11 execution of sentence or appeal of sentence for any offense

12 under the laws of Illinois or any other state or federal

13 jurisdiction, whether the defendant is under parole, aftercare

14 release, mandatory supervised release, or work release from

15 the Illinois Department of Corrections or Illinois Department

16 of Juvenile Justice or any penal institution or corrections

17 department of any state or federal jurisdiction, the

18 defendant's record of convictions, whether the defendant has

19 been convicted of a misdemeanor or ordinance offense in

20 Illinois or similar offense in other state or federal

21 jurisdiction within the 10 years preceding the current charge

22 or convicted of a felony in Illinois, whether the defendant

23 was convicted of an offense in another state or federal

24 jurisdiction that would be a felony if committed in Illinois

25 within the 20 years preceding the current charge or has been

26 convicted of such felony and released from the penitentiary

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1 within 20 years preceding the current charge if a penitentiary

2 sentence was imposed in Illinois or other state or federal

3 jurisdiction, the defendant's records of juvenile adjudication

4 of delinquency in any jurisdiction, any record of appearance

5 or failure to appear by the defendant at court proceedings,

6 whether there was flight to avoid arrest or prosecution,

7 whether the defendant escaped or attempted to escape to avoid

8 arrest, whether the defendant refused to identify himself or

9 herself, or whether there was a refusal by the defendant to be

10 fingerprinted as required by law. Information used by the

11 court in its findings or stated in or offered in connection

12 with this Section may be by way of proffer based upon reliable

13 information offered by the State or defendant. All evidence

14 shall be admissible if it is relevant and reliable regardless

15 of whether it would be admissible under the rules of evidence

16 applicable at criminal trials. If the State presents evidence

17 that the offense committed by the defendant was related to or

18 in furtherance of the criminal activities of an organized gang

19 or was motivated by the defendant's membership in or

20 allegiance to an organized gang, and if the court determines

21 that the evidence may be substantiated, the court shall

22 prohibit the defendant from associating with other members of

23 the organized gang as a condition of bail or release. For the

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

25 ascribed to it in Section 10 of the Illinois Streetgang

26 Terrorism Omnibus Prevention Act.

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1 (a-5) There shall be a presumption that any conditions of

2 release imposed shall be non-monetary in nature and the court

3 shall impose the least restrictive conditions or combination

4 of conditions necessary to reasonably assure the appearance of

5 the defendant for further court proceedings and protect the

6 integrity of the judicial proceedings from a specific threat

7 to a witness or participant. Conditions of release may

8 include, but not be limited to, electronic home monitoring,

9 curfews, drug counseling, stay-away orders, and in-person

10 reporting. The court shall consider the defendant's

11 socio-economic circumstance when setting conditions of release

12 or imposing monetary bail.

13 (b) The amount of bail shall be:

14 (1) Sufficient to assure compliance with the

15 conditions set forth in the bail bond, which shall include

16 the defendant's current address with a written

17 admonishment to the defendant that he or she must comply

18 with the provisions of Section 110-12 regarding any change

19 in his or her address. The defendant's address shall at

20 all times remain a matter of public record with the clerk

21 of the court.

22 (2) Not oppressive.

23 (3) Considerate of the financial ability of the

24 accused.

25 (4) When a person is charged with a drug related

26 offense involving possession or delivery of cannabis or

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1 possession or delivery of a controlled substance as

2 defined in the Cannabis Control Act, the Illinois

3 Controlled Substances Act, or the Methamphetamine Control

4 and Community Protection Act, the full street value of the

5 drugs seized shall be considered. "Street value" shall be

6 determined by the court on the basis of a proffer by the

7 State based upon reliable information of a law enforcement

8 official contained in a written report as to the amount

9 seized and such proffer may be used by the court as to the

10 current street value of the smallest unit of the drug

11 seized.

12 (b-5) Upon the filing of a written request demonstrating

13 reasonable cause, the State's Attorney may request a source of

14 bail hearing either before or after the posting of any funds.

15 If the hearing is granted, before the posting of any bail, the

16 accused must file a written notice requesting that the court

17 conduct a source of bail hearing. The notice must be

18 accompanied by justifying affidavits stating the legitimate

19 and lawful source of funds for bail. At the hearing, the court

20 shall inquire into any matters stated in any justifying

21 affidavits, and may also inquire into matters appropriate to

22 the determination which shall include, but are not limited to,

23 the following:

24 (1) the background, character, reputation, and

25 relationship to the accused of any surety; and

26 (2) the source of any money or property deposited by

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1 any surety, and whether any such money or property

2 constitutes the fruits of criminal or unlawful conduct;

3 and

4 (3) the source of any money posted as cash bail, and

5 whether any such money constitutes the fruits of criminal

6 or unlawful conduct; and

7 (4) the background, character, reputation, and

8 relationship to the accused of the person posting cash

9 bail.

10 Upon setting the hearing, the court shall examine, under

11 oath, any persons who may possess material information.

12 The State's Attorney has a right to attend the hearing, to

13 call witnesses and to examine any witness in the proceeding.

14 The court shall, upon request of the State's Attorney,

15 continue the proceedings for a reasonable period to allow the

16 State's Attorney to investigate the matter raised in any

17 testimony or affidavit. If the hearing is granted after the

18 accused has posted bail, the court shall conduct a hearing

19 consistent with this subsection (b-5). At the conclusion of

20 the hearing, the court must issue an order either approving or

21 disapproving the bail.

22 (c) When a person is charged with an offense punishable by

23 fine only the amount of the bail shall not exceed double the

24 amount of the maximum penalty.

25 (d) When a person has been convicted of an offense and only

26 a fine has been imposed the amount of the bail shall not exceed

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1 double the amount of the fine.

2 (e) The State may appeal any order granting bail or

3 setting a given amount for bail.

4 (f) When a person is charged with a violation of an order

5 of protection under Section 12-3.4 or 12-30 of the Criminal

6 Code of 1961 or the Criminal Code of 2012 or when a person is

7 charged with domestic battery, aggravated domestic battery,

8 kidnapping, aggravated kidnaping, unlawful restraint,

9 aggravated unlawful restraint, stalking, aggravated stalking,

10 cyberstalking, harassment by telephone, harassment through

11 electronic communications, or an attempt to commit first

12 degree murder committed against an intimate partner regardless

13 whether an order of protection has been issued against the

14 person,

15 (1) whether the alleged incident involved harassment

16 or abuse, as defined in the Illinois Domestic Violence Act

17 of 1986;

18 (2) whether the person has a history of domestic

19 violence, as defined in the Illinois Domestic Violence

20 Act, or a history of other criminal acts;

21 (3) based on the mental health of the person;

22 (4) whether the person has a history of violating the

23 orders of any court or governmental entity;

24 (5) whether the person has been, or is, potentially a

25 threat to any other person;

26 (6) whether the person has access to deadly weapons or

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1 a history of using deadly weapons;

2 (7) whether the person has a history of abusing

3 alcohol or any controlled substance;

4 (8) based on the severity of the alleged incident that

5 is the basis of the alleged offense, including, but not

6 limited to, the duration of the current incident, and

7 whether the alleged incident involved the use of a weapon,

8 physical injury, sexual assault, strangulation, abuse

9 during the alleged victim's pregnancy, abuse of pets, or

10 forcible entry to gain access to the alleged victim;

11 (9) whether a separation of the person from the

12 alleged victim or a termination of the relationship

13 between the person and the alleged victim has recently

14 occurred or is pending;

15 (10) whether the person has exhibited obsessive or

16 controlling behaviors toward the alleged victim,

17 including, but not limited to, stalking, surveillance, or

18 isolation of the alleged victim or victim's family member

19 or members;

20 (11) whether the person has expressed suicidal or

21 homicidal ideations;

22 (12) based on any information contained in the

23 complaint and any police reports, affidavits, or other

24 documents accompanying the complaint;

25 the court may, in its discretion, order the respondent to

26 undergo a risk assessment evaluation using a recognized,

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1 evidence-based instrument conducted by an Illinois Department

2 of Human Services approved partner abuse intervention program

3 provider, pretrial service, probation, or parole agency. These

4 agencies shall have access to summaries of the defendant's

5 criminal history, which shall not include victim interviews or

6 information, for the risk evaluation. Based on the information

7 collected from the 12 points to be considered at a bail hearing

8 under this subsection (f), the results of any risk evaluation

9 conducted and the other circumstances of the violation, the

10 court may order that the person, as a condition of bail, be

11 placed under electronic surveillance as provided in Section

12 5-8A-7 of the Unified Code of Corrections. Upon making a

13 determination whether or not to order the respondent to

14 undergo a risk assessment evaluation or to be placed under

15 electronic surveillance and risk assessment, the court shall

16 document in the record the court's reasons for making those

17 determinations. The cost of the electronic surveillance and

18 risk assessment shall be paid by, or on behalf, of the

19 defendant. As used in this subsection (f), "intimate partner"

20 means a spouse or a current or former partner in a cohabitation

21 or dating relationship.

22 ~~(a) In determining which conditions of pretrial release,~~

23 ~~if any, will reasonably ensure the appearance of a defendant~~

24 ~~as required or the safety of any other person or the community~~

25 ~~and the likelihood of compliance by the defendant with all the~~

26 ~~conditions of pretrial release, the court shall, on the basis~~

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1 ~~of available information, take into account such matters as:~~

2 ~~(1) the nature and circumstances of the offense~~

3 ~~charged;~~

4 ~~(2) the weight of the evidence against the defendant,~~

5 ~~except that the court may consider the admissibility of~~

6 ~~any evidence sought to be excluded;~~

7 ~~(3) the history and characteristics of the defendant,~~

8 ~~including:~~

9 ~~(A) the defendant's character, physical and mental~~

10 ~~condition, family ties, employment, financial~~

11 ~~resources, length of residence in the community,~~

12 ~~community ties, past relating to drug or alcohol~~

13 ~~abuse, conduct, history criminal history, and record~~

14 ~~concerning appearance at court proceedings; and~~

15 ~~(B) whether, at the time of the current offense or~~

16 ~~arrest, the defendant was on probation, parole, or on~~

17 ~~other release pending trial, sentencing, appeal, or~~

18 ~~completion of sentence for an offense under federal~~

19 ~~law, or the law of this or any other state;~~

20 ~~(4) the nature and seriousness of the real and present~~

21 ~~threat to the safety of any person or persons or the~~

22 ~~community, based on the specific articulable facts of the~~

23 ~~case, that would be posed by the defendant's release, if~~

24 ~~applicable, as required under paragraph (7.5) of Section 4~~

25 ~~of the Rights of Crime Victims and Witnesses Act;~~

26 ~~(5) the nature and seriousness of the risk of~~

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1 ~~obstructing or attempting to obstruct the criminal justice~~

2 ~~process that would be posed by the defendant's release, if~~

3 ~~applicable;~~

4 ~~(6) when a person is charged with a violation of a~~

5 ~~protective order, domestic battery, aggravated domestic~~

6 ~~battery, kidnapping, aggravated kidnaping, unlawful~~

7 ~~restraint, aggravated unlawful restraint, cyberstalking,~~

8 ~~harassment by telephone, harassment through electronic~~

9 ~~communications, or an attempt to commit first degree~~

10 ~~murder committed against a spouse or a current or former~~

11 ~~partner in a cohabitation or dating relationship,~~

12 ~~regardless of whether an order of protection has been~~

13 ~~issued against the person, the court may consider the~~

14 ~~following additional factors:~~

15 ~~(A) whether the alleged incident involved~~

16 ~~harassment or abuse, as defined in the Illinois~~

17 ~~Domestic Violence Act of 1986;~~

18 ~~(B) whether the person has a history of domestic~~

19 ~~violence, as defined in the Illinois Domestic Violence~~

20 ~~Act of 1986, or a history of other criminal acts;~~

21 ~~(C) the mental health of the person;~~

22 ~~(D) whether the person has a history of violating~~

23 ~~the orders of any court or governmental entity;~~

24 ~~(E) whether the person has been, or is,~~

25 ~~potentially a threat to any other person;~~

26 ~~(F) whether the person has access to deadly~~

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1 ~~weapons or a history of using deadly weapons;~~

2 ~~(G) whether the person has a history of abusing~~

3 ~~alcohol or any controlled substance;~~

4 ~~(H) the severity of the alleged incident that is~~

5 ~~the basis of the alleged offense, including, but not~~

6 ~~limited to, the duration of the current incident, and~~

7 ~~whether the alleged incident involved the use of a~~

8 ~~weapon, physical injury, sexual assault,~~

9 ~~strangulation, abuse during the alleged victim's~~

10 ~~pregnancy, abuse of pets, or forcible entry to gain~~

11 ~~access to the alleged victim;~~

12 ~~(I) whether a separation of the person from the~~

13 ~~victim of abuse or a termination of the relationship~~

14 ~~between the person and the victim of abuse has~~

15 ~~recently occurred or is pending;~~

16 ~~(J) whether the person has exhibited obsessive or~~

17 ~~controlling behaviors toward the victim of abuse,~~

18 ~~including, but not limited to, stalking, surveillance,~~

19 ~~or isolation of the victim of abuse or the victim's~~

20 ~~family member or members;~~

21 ~~(K) whether the person has expressed suicidal or~~

22 ~~homicidal ideations; and~~

23 ~~(L) any other factors deemed by the court to have a~~

24 ~~reasonable bearing upon the defendant's propensity or~~

25 ~~reputation for violent, abusive, or assaultive~~

26 ~~behavior, or lack of that behavior.~~

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1 ~~(7) in cases of stalking or aggravated stalking under~~

2 ~~Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the~~

3 ~~court may consider the factors listed in paragraph (6) and~~

4 ~~the following additional factors:~~

5 ~~(A) any evidence of the defendant's prior criminal~~

6 ~~history indicative of violent, abusive or assaultive~~

7 ~~behavior, or lack of that behavior; the evidence may~~

8 ~~include testimony or documents received in juvenile~~

9 ~~proceedings, criminal, quasi-criminal, civil~~

10 ~~commitment, domestic relations, or other proceedings;~~

11 ~~(B) any evidence of the defendant's psychological,~~

12 ~~psychiatric, or other similar social history that~~

13 ~~tends to indicate a violent, abusive, or assaultive~~

14 ~~nature, or lack of any such history;~~

15 ~~(C) the nature of the threat that is the basis of~~

16 ~~the charge against the defendant;~~

17 ~~(D) any statements made by, or attributed to, the~~

18 ~~defendant, together with the circumstances surrounding~~

19 ~~them;~~

20 ~~(E) the age and physical condition of any person~~

21 ~~allegedly assaulted by the defendant;~~

22 ~~(F) whether the defendant is known to possess or~~

23 ~~have access to any weapon or weapons; and~~

24 ~~(G) any other factors deemed by the court to have a~~

25 ~~reasonable bearing upon the defendant's propensity or~~

26 ~~reputation for violent, abusive, or assaultive~~

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1 ~~behavior, or lack of that behavior.~~

2 ~~(b) The court may use a regularly validated risk~~

3 ~~assessment tool to aid its determination of appropriate~~

4 ~~conditions of release as provided under Section 110-6.4. If a~~

5 ~~risk assessment tool is used, the defendant's counsel shall be~~

6 ~~provided with the information and scoring system of the risk~~

7 ~~assessment tool used to arrive at the determination. The~~

8 ~~defendant retains the right to challenge the validity of a~~

9 ~~risk assessment tool used by the court and to present evidence~~

10 ~~relevant to the defendant's challenge.~~

11 ~~(c) The court shall impose any conditions that are~~

12 ~~mandatory under subsection (a) of Section 110-10. The court~~

13 ~~may impose any conditions that are permissible under~~

14 ~~subsection (b) of Section 110-10. The conditions of release~~

15 ~~imposed shall be the least restrictive conditions or~~

16 ~~combination of conditions necessary to reasonably ensure the~~

17 ~~appearance of the defendant as required or the safety of any~~

18 ~~other person or persons or the community.~~

19 ~~(d) When a person is charged with a violation of a~~

20 ~~protective order, the court may order the defendant placed~~

21 ~~under electronic surveillance as a condition of pretrial~~

22 ~~release, as provided in Section 5-8A-7 of the Unified Code of~~

23 ~~Corrections, based on the information collected under~~

24 ~~paragraph (6) of subsection (a) of this Section, the results~~

25 ~~of any assessment conducted, or other circumstances of the~~

26 ~~violation.~~

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1 ~~(e) If a person remains in pretrial detention 48 hours~~

2 ~~after having been ordered released with pretrial conditions,~~

3 ~~the court shall hold a hearing to determine the reason for~~

4 ~~continued detention. If the reason for continued detention is~~

5 ~~due to the unavailability or the defendant's ineligibility for~~

6 ~~one or more pretrial conditions previously ordered by the~~

7 ~~court or directed by a pretrial services agency, the court~~

8 ~~shall reopen the conditions of release hearing to determine~~

9 ~~what available pretrial conditions exist that will reasonably~~

10 ~~ensure the appearance of a defendant as required, the safety~~

11 ~~of any other person, and the likelihood of compliance by the~~

12 ~~defendant with all the conditions of pretrial release. The~~

13 ~~inability of the defendant to pay for a condition of release or~~

14 ~~any other ineligibility for a condition of pretrial release~~

15 ~~shall not be used as a justification for the pretrial~~

16 ~~detention of that defendant.~~

17 ~~(f) Prior to the defendant's first appearance, and with~~

18 ~~sufficient time for meaningful attorney-client contact to~~

19 ~~gather information in order to advocate effectively for the~~

20 ~~defendant's pretrial release, the court shall appoint the~~

21 ~~public defender or a licensed attorney at law of this State to~~

22 ~~represent the defendant for purposes of that hearing, unless~~

23 ~~the defendant has obtained licensed counsel. Defense counsel~~

24 ~~shall have access to the same documentary information relied~~

25 ~~upon by the prosecution and presented to the court.~~

26 ~~(f-5) At each subsequent appearance of the defendant~~

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1 ~~before the court, the judge must find that the current~~

2 ~~conditions imposed are necessary to reasonably ensure the~~

3 ~~appearance of the defendant as required, the safety of any~~

4 ~~other person, and the compliance of the defendant with all the~~

5 ~~conditions of pretrial release. The court is not required to~~

6 ~~be presented with new information or a change in circumstance~~

7 ~~to remove pretrial conditions.~~

8 ~~(g) Electronic monitoring, GPS monitoring, or home~~

9 ~~confinement can only be imposed as a condition of pretrial~~

10 ~~release if a no less restrictive condition of release or~~

11 ~~combination of less restrictive condition of release would~~

12 ~~reasonably ensure the appearance of the defendant for later~~

13 ~~hearings or protect an identifiable person or persons from~~

14 ~~imminent threat of serious physical harm.~~

15 ~~(h) If the court imposes electronic monitoring, GPS~~

16 ~~monitoring, or home confinement, the court shall set forth in~~

17 ~~the record the basis for its finding. A defendant shall be~~

18 ~~given custodial credit for each day he or she was subjected to~~

19 ~~home confinement, at the same rate described in subsection (b)~~

20 ~~of Section 5-4.5-100 of the Unified Code of Corrections. The~~

21 ~~court may give custodial credit to a defendant for each day the~~

22 ~~defendant was subjected to GPS monitoring without home~~

23 ~~confinement or electronic monitoring without home confinement.~~

24 ~~(i) If electronic monitoring, GPS monitoring, or home~~

25 ~~confinement is imposed, the court shall determine every 60~~

26 ~~days if no less restrictive condition of release or~~

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1 ~~combination of less restrictive conditions of release would~~

2 ~~reasonably ensure the appearance, or continued appearance, of~~

3 ~~the defendant for later hearings or protect an identifiable~~

4 ~~person or persons from imminent threat of serious physical~~

5 ~~harm. If the court finds that there are less restrictive~~

6 ~~conditions of release, the court shall order that the~~

7 ~~condition be removed. This subsection takes effect January 1,~~

8 ~~2022.~~

9 ~~(j) Crime Victims shall be given notice by the State's~~

10 ~~Attorney's office of this hearing as required in paragraph (1)~~

11 ~~of subsection (b) of Section 4.5 of the Rights of Crime Victims~~

12 ~~and Witnesses Act and shall be informed of their opportunity~~

13 ~~at this hearing to obtain a protective order.~~

14 ~~(k) The State and defendants may appeal court orders~~

15 ~~imposing conditions of pretrial release.~~

16 (Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21;

17 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1104, eff.

18 1-1-23.)

19 (725 ILCS 5/110-5.2)

20 Sec. 110-5.2. Bail ~~Pretrial release~~; pregnant pre-trial

21 detainee.

22 (a) It is the policy of this State that a pre-trial

23 detainee shall not be required to deliver a child while in

24 custody absent a finding by the court that continued pre-trial

25 custody is necessary to protect the public or the victim of the

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1 offense on which the charge is based ~~alleviate a real and~~

2 ~~present threat to the safety of any person or persons or the~~

3 ~~community, based on the specific articulable facts of the~~

4 ~~case, or prevent the defendant's willful flight~~.

5 (b) If the court reasonably believes that a pre-trial

6 detainee will give birth while in custody, the court shall

7 order an alternative to custody unless, after a hearing, the

8 court determines:

9 (1) that the release of the pregnant pre-trial

10 detainee would pose a real and present threat to the

11 physical safety of the alleged victim of the offense and

12 continuing custody is necessary to prevent the fulfillment

13 of the threat upon which the charge is based; or ~~the~~

14 ~~pregnant pretrial detainee is charged with an offense for~~

15 ~~which pretrial release may be denied under Section~~

16 ~~110-6.1; and~~

17 (2) that the release of the pregnant pre-trial

18 detainee would pose a real and present threat to the

19 physical safety of any person or persons or the general

20 public ~~after a hearing under Section 110-6.1 that~~

21 ~~considers the circumstances of the pregnancy, the court~~

22 ~~determines that continued detention is the only way to~~

23 ~~prevent a real and present threat to the safety of any~~

24 ~~person or persons or the community, based on the specific~~

25 ~~articulable facts of the case, or prevent the defendant's~~

26 ~~willful flight~~.

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1 (c) The court may order a pregnant or post-partum detainee

2 to be subject to electronic monitoring as a condition of

3 pre-trial release or order other condition or combination of

4 conditions the court reasonably determines are in the best

5 interest of the detainee and the public. ~~Electronic Monitoring~~

6 ~~may be ordered by the court only if no less restrictive~~

7 ~~condition of release or combination of less restrictive~~

8 ~~conditions of release would reasonably ensure the appearance,~~

9 ~~or continued appearance, of the defendant for later hearings~~

10 ~~or protect an identifiable person or persons from imminent~~

11 ~~threat of serious physical harm. All pregnant people or those~~

12 ~~who have given birth within 6 weeks shall be granted ample~~

13 ~~movement to attend doctor's appointments and for emergencies~~

14 ~~related to the health of the pregnancy, infant, or postpartum~~

15 ~~person.~~

16 (d) This Section shall be applicable to a pregnant

17 pre-trial detainee in custody on or after the effective date

18 of this amendatory Act of the 100th General Assembly.

19 (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

20 (725 ILCS 5/110-6)

21 Sec. 110-6. Modification of bail or conditions ~~Revocation~~

22 ~~of pretrial release, modification of conditions of pretrial~~

23 ~~release, and sanctions for violations of conditions of~~

24 ~~pretrial release~~.

25 (a) Upon verified application by the State or the

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1 defendant or on its own motion the court before which the

2 proceeding is pending may increase or reduce the amount of

3 bail or may alter the conditions of the bail bond or grant bail

4 where it has been previously revoked or denied. If bail has

5 been previously revoked pursuant to subsection (f) of this

6 Section or if bail has been denied to the defendant pursuant to

7 subsection (e) of Section 110-6.1 or subsection (e) of Section

8 110-6.3-1, the defendant shall be required to present a

9 verified application setting forth in detail any new facts not

10 known or obtainable at the time of the previous revocation or

11 denial of bail proceedings. If the court grants bail where it

12 has been previously revoked or denied, the court shall state

13 on the record of the proceedings the findings of facts and

14 conclusion of law upon which such order is based.

15 (a-5) In addition to any other available motion or

16 procedure under this Code, a person in custody solely for a

17 Category B offense due to an inability to post monetary bail

18 shall be brought before the court at the next available court

19 date or 7 calendar days from the date bail was set, whichever

20 is earlier, for a rehearing on the amount or conditions of bail

21 or release pending further court proceedings. The court may

22 reconsider conditions of release for any other person whose

23 inability to post monetary bail is the sole reason for

24 continued incarceration, including a person in custody for a

25 Category A offense or a Category A offense and a Category B

26 offense. The court may deny the rehearing permitted under this

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1 subsection (a-5) if the person has failed to appear as

2 required before the court and is incarcerated based on a

3 warrant for failure to appear on the same original criminal

4 offense.

5 (b) Violation of the conditions of Section 110-10 of this

6 Code or any special conditions of bail as ordered by the court

7 shall constitute grounds for the court to increase the amount

8 of bail, or otherwise alter the conditions of bail, or, where

9 the alleged offense committed on bail is a forcible felony in

10 Illinois or a Class 2 or greater offense under the Illinois

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

12 Methamphetamine Control and Community Protection Act, revoke

13 bail pursuant to the appropriate provisions of subsection (e)

14 of this Section.

15 (c) Reasonable notice of such application by the defendant

16 shall be given to the State.

17 (d) Reasonable notice of such application by the State

18 shall be given to the defendant, except as provided in

19 subsection (e).

20 (e) Upon verified application by the State stating facts

21 or circumstances constituting a violation or a threatened

22 violation of any of the conditions of the bail bond the court

23 may issue a warrant commanding any peace officer to bring the

24 defendant without unnecessary delay before the court for a

25 hearing on the matters set forth in the application. If the

26 actual court before which the proceeding is pending is absent

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1 or otherwise unavailable another court may issue a warrant

2 pursuant to this Section. When the defendant is charged with a

3 felony offense and while free on bail is charged with a

4 subsequent felony offense and is the subject of a proceeding

5 set forth in Section 109-1 or 109-3 of this Code, upon the

6 filing of a verified petition by the State alleging a

7 violation of Section 110-10 (a) (4) of this Code, the court

8 shall without prior notice to the defendant, grant leave to

9 file such application and shall order the transfer of the

10 defendant and the application without unnecessary delay to the

11 court before which the previous felony matter is pending for a

12 hearing as provided in subsection (b) or this subsection of

13 this Section. The defendant shall be held without bond pending

14 transfer to and a hearing before such court. At the conclusion

15 of the hearing based on a violation of the conditions of

16 Section 110-10 of this Code or any special conditions of bail

17 as ordered by the court the court may enter an order increasing

18 the amount of bail or alter the conditions of bail as deemed

19 appropriate.

20 (f) Where the alleged violation consists of the violation

21 of one or more felony statutes of any jurisdiction which would

22 be a forcible felony in Illinois or a Class 2 or greater

23 offense under the Illinois Controlled Substances Act, the

24 Cannabis Control Act, or the Methamphetamine Control and

25 Community Protection Act and the defendant is on bail for the

26 alleged commission of a felony, or where the defendant is on

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1 bail for a felony domestic battery (enhanced pursuant to

2 subsection (b) of Section 12-3.2 of the Criminal Code of 1961

3 or the Criminal Code of 2012), aggravated domestic battery,

4 aggravated battery, unlawful restraint, aggravated unlawful

5 restraint or domestic battery in violation of item (1) of

6 subsection (a) of Section 12-3.2 of the Criminal Code of 1961

7 or the Criminal Code of 2012 against a family or household

8 member as defined in Section 112A-3 of this Code and the

9 violation is an offense of domestic battery against the same

10 victim the court shall, on the motion of the State or its own

11 motion, revoke bail in accordance with the following

12 provisions:

13 (1) The court shall hold the defendant without bail

14 pending the hearing on the alleged breach; however, if the

15 defendant is not admitted to bail the hearing shall be

16 commenced within 10 days from the date the defendant is

17 taken into custody or the defendant may not be held any

18 longer without bail, unless delay is occasioned by the

19 defendant. Where defendant occasions the delay, the

20 running of the 10 day period is temporarily suspended and

21 resumes at the termination of the period of delay. Where

22 defendant occasions the delay with 5 or fewer days

23 remaining in the 10 day period, the court may grant a

24 period of up to 5 additional days to the State for good

25 cause shown. The State, however, shall retain the right to

26 proceed to hearing on the alleged violation at any time,

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1 upon reasonable notice to the defendant and the court.

2 (2) At a hearing on the alleged violation the State

3 has the burden of going forward and proving the violation

4 by clear and convincing evidence. The evidence shall be

5 presented in open court with the opportunity to testify,

6 to present witnesses in his behalf, and to cross-examine

7 witnesses if any are called by the State, and

8 representation by counsel and if the defendant is indigent

9 to have counsel appointed for him. The rules of evidence

10 applicable in criminal trials in this State shall not

11 govern the admissibility of evidence at such hearing.

12 Information used by the court in its findings or stated in

13 or offered in connection with hearings for increase or

14 revocation of bail may be by way of proffer based upon

15 reliable information offered by the State or defendant.

16 All evidence shall be admissible if it is relevant and

17 reliable regardless of whether it would be admissible

18 under the rules of evidence applicable at criminal trials.

19 A motion by the defendant to suppress evidence or to

20 suppress a confession shall not be entertained at such a

21 hearing. Evidence that proof may have been obtained as a

22 result of an unlawful search and seizure or through

23 improper interrogation is not relevant to this hearing.

24 (3) Upon a finding by the court that the State has

25 established by clear and convincing evidence that the

26 defendant has committed a forcible felony or a Class 2 or

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1 greater offense under the Illinois Controlled Substances

2 Act, the Cannabis Control Act, or the Methamphetamine

3 Control and Community Protection Act while admitted to

4 bail, or where the defendant is on bail for a felony

5 domestic battery (enhanced pursuant to subsection (b) of

6 Section 12-3.2 of the Criminal Code of 1961 or the

7 Criminal Code of 2012), aggravated domestic battery,

8 aggravated battery, unlawful restraint, aggravated

9 unlawful restraint or domestic battery in violation of

10 item (1) of subsection (a) of Section 12-3.2 of the

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

12 a family or household member as defined in Section 112A-3

13 of this Code and the violation is an offense of domestic

14 battery, against the same victim, the court shall revoke

15 the bail of the defendant and hold the defendant for trial

16 without bail. Neither the finding of the court nor any

17 transcript or other record of the hearing shall be

18 admissible in the State's case in chief, but shall be

19 admissible for impeachment, or as provided in Section

20 115-10.1 of this Code or in a perjury proceeding.

21 (4) If the bail of any defendant is revoked pursuant

22 to paragraph (f) (3) of this Section, the defendant may

23 demand and shall be entitled to be brought to trial on the

24 offense with respect to which he was formerly released on

25 bail within 90 days after the date on which his bail was

26 revoked. If the defendant is not brought to trial within

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1 the 90 day period required by the preceding sentence, he

2 shall not be held longer without bail. In computing the 90

3 day period, the court shall omit any period of delay

4 resulting from a continuance granted at the request of the

5 defendant.

6 (5) If the defendant either is arrested on a warrant

7 issued pursuant to this Code or is arrested for an

8 unrelated offense and it is subsequently discovered that

9 the defendant is a subject of another warrant or warrants

10 issued pursuant to this Code, the defendant shall be

11 transferred promptly to the court which issued such

12 warrant. If, however, the defendant appears initially

13 before a court other than the court which issued such

14 warrant, the non-issuing court shall not alter the amount

15 of bail set on such warrant unless the court sets forth on

16 the record of proceedings the conclusions of law and facts

17 which are the basis for such altering of another court's

18 bond. The non-issuing court shall not alter another

19 court's bail set on a warrant unless the interests of

20 justice and public safety are served by such action.

21 (g) The State may appeal any order where the court has

22 increased or reduced the amount of bail or altered the

23 conditions of the bail bond or granted bail where it has

24 previously been revoked.

25 ~~(a) When a defendant has previously been granted pretrial~~

26 ~~release under this Section for a felony or Class A~~

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1 ~~misdemeanor, that pretrial release may be revoked only if the~~

2 ~~defendant is charged with a felony or Class A misdemeanor that~~

3 ~~is alleged to have occurred during the defendant's pretrial~~

4 ~~release after a hearing on the court's own motion or upon the~~

5 ~~filing of a verified petition by the State.~~

6 ~~When a defendant released pretrial is charged with a~~

7 ~~violation of a protective order or was previously convicted of~~

8 ~~a violation of a protective order and the subject of the~~

9 ~~protective order is the same person as the victim in the~~

10 ~~current underlying matter, the State shall file a verified~~

11 ~~petition seeking revocation of pretrial release.~~

12 ~~Upon the filing of a petition or upon motion of the court~~

13 ~~seeking revocation, the court shall order the transfer of the~~

14 ~~defendant and the petition or motion to the court before which~~

15 ~~the previous felony or Class A misdemeanor is pending. The~~

16 ~~defendant may be held in custody pending transfer to and a~~

17 ~~hearing before such court. The defendant shall be transferred~~

18 ~~to the court before which the previous matter is pending~~

19 ~~without unnecessary delay, and the revocation hearing shall~~

20 ~~occur within 72 hours of the filing of the State's petition or~~

21 ~~the court's motion for revocation.~~

22 ~~A hearing at which pretrial release may be revoked must be~~

23 ~~conducted in person (and not by way of two-way audio-visual~~

24 ~~communication) unless the accused waives the right to be~~

25 ~~present physically in court, the court determines that the~~

26 ~~physical health and safety of any person necessary to the~~

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1 ~~proceedings would be endangered by appearing in court, or the~~

2 ~~chief judge of the circuit orders use of that system due to~~

3 ~~operational challenges in conducting the hearing in person.~~

4 ~~Such operational challenges must be documented and approved by~~

5 ~~the chief judge of the circuit, and a plan to address the~~

6 ~~challenges through reasonable efforts must be presented and~~

7 ~~approved by the Administrative Office of the Illinois Courts~~

8 ~~every 6 months.~~

9 ~~The court before which the previous felony matter or Class~~

10 ~~A misdemeanor is pending may revoke the defendant's pretrial~~

11 ~~release after a hearing. During the hearing for revocation,~~

12 ~~the defendant shall be represented by counsel and have an~~

13 ~~opportunity to be heard regarding the violation and evidence~~

14 ~~in mitigation. The court shall consider all relevant~~

15 ~~circumstances, including, but not limited to, the nature and~~

16 ~~seriousness of the violation or criminal act alleged. The~~

17 ~~State shall bear the burden of proving, by clear and~~

18 ~~convincing evidence, that no condition or combination of~~

19 ~~conditions of release would reasonably ensure the appearance~~

20 ~~of the defendant for later hearings or prevent the defendant~~

21 ~~from being charged with a subsequent felony or Class A~~

22 ~~misdemeanor.~~

23 ~~In lieu of revocation, the court may release the defendant~~

24 ~~pre-trial, with or without modification of conditions of~~

25 ~~pretrial release.~~

26 ~~If the case that caused the revocation is dismissed, the~~

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1 ~~defendant is found not guilty in the case causing the~~

2 ~~revocation, or the defendant completes a lawfully imposed~~

3 ~~sentence on the case causing the revocation, the court shall,~~

4 ~~without unnecessary delay, hold a hearing on conditions of~~

5 ~~pretrial release pursuant to Section 110-5 and release the~~

6 ~~defendant with or without modification of conditions of~~

7 ~~pretrial release.~~

8 ~~Both the State and the defendant may appeal an order~~

9 ~~revoking pretrial release or denying a petition for revocation~~

10 ~~of release.~~

11 ~~(b) If a defendant previously has been granted pretrial~~

12 ~~release under this Section for a Class B or Class C misdemeanor~~

13 ~~offense, a petty or business offense, or an ordinance~~

14 ~~violation and if the defendant is subsequently charged with a~~

15 ~~felony that is alleged to have occurred during the defendant's~~

16 ~~pretrial release or a Class A misdemeanor offense that is~~

17 ~~alleged to have occurred during the defendant's pretrial~~

18 ~~release, such pretrial release may not be revoked, but the~~

19 ~~court may impose sanctions under subsection (c).~~

20 ~~(c) The court shall follow the procedures set forth in~~

21 ~~Section 110-3 to ensure the defendant's appearance in court if~~

22 ~~the defendant:~~

23 ~~(1) fails to appear in court as required by the~~

24 ~~defendant's conditions of release;~~

25 ~~(2) is charged with a felony or Class A misdemeanor~~

26 ~~offense that is alleged to have occurred during the~~

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1 ~~defendant's pretrial release after having been previously~~

2 ~~granted pretrial release for a Class B or Class C~~

3 ~~misdemeanor, a petty or business offense, or an ordinance~~

4 ~~violation that is alleged to have occurred during the~~

5 ~~defendant's pretrial release;~~

6 ~~(3) is charged with a Class B or C misdemeanor~~

7 ~~offense, petty or business offense, or ordinance violation~~

8 ~~that is alleged to have occurred during the defendant's~~

9 ~~pretrial release; or~~

10 ~~(4) violates any other condition of pretrial release~~

11 ~~set by the court.~~

12 ~~In response to a violation described in this subsection,~~

13 ~~the court may issue a warrant specifying that the defendant~~

14 ~~must appear before the court for a hearing for sanctions and~~

15 ~~may not be released by law enforcement before that appearance.~~

16 ~~(d) When a defendant appears in court pursuant to a~~

17 ~~summons or warrant issued in accordance with Section 110-3 or~~

18 ~~after being arrested for an offense that is alleged to have~~

19 ~~occurred during the defendant's pretrial release, the State~~

20 ~~may file a verified petition requesting a hearing for~~

21 ~~sanctions.~~

22 ~~(e) During the hearing for sanctions, the defendant shall~~

23 ~~be represented by counsel and have an opportunity to be heard~~

24 ~~regarding the violation and evidence in mitigation. The State~~

25 ~~shall bear the burden of proving by clear and convincing~~

26 ~~evidence that:~~

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1 ~~(1) the defendant committed an act that violated a~~

2 ~~term of the defendant's pretrial release;~~

3 ~~(2) the defendant had actual knowledge that the~~

4 ~~defendant's action would violate a court order;~~

5 ~~(3) the violation of the court order was willful; and~~

6 ~~(4) the violation was not caused by a lack of access to~~

7 ~~financial monetary resources.~~

8 ~~(f) Sanctions for violations of pretrial release may~~

9 ~~include:~~

10 ~~(1) a verbal or written admonishment from the court;~~

11 ~~(2) imprisonment in the county jail for a period not~~

12 ~~exceeding 30 days;~~

13 ~~(3) (Blank); or~~

14 ~~(4) a modification of the defendant's pretrial~~

15 ~~conditions.~~

16 ~~(g) The court may, at any time, after motion by either~~

17 ~~party or on its own motion, remove previously set conditions~~

18 ~~of pretrial release, subject to the provisions in this~~

19 ~~subsection. The court may only add or increase conditions of~~

20 ~~pretrial release at a hearing under this Section.~~

21 ~~The court shall not remove a previously set condition of~~

22 ~~pretrial release regulating contact with a victim or witness~~

23 ~~in the case, unless the subject of the condition has been given~~

24 ~~notice of the hearing as required in paragraph (1) of~~

25 ~~subsection (b) of Section 4.5 of the Rights of Crime Victims~~

26 ~~and Witnesses Act. If the subject of the condition of release~~

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1 ~~is not present, the court shall follow the procedures of~~

2 ~~paragraph (10) of subsection (c-1) of the Rights of Crime~~

3 ~~Victims and Witnesses Act.~~

4 ~~(h) Crime victims shall be given notice by the State's~~

5 ~~Attorney's office of all hearings under this Section as~~

6 ~~required in paragraph (1) of subsection (b) of Section 4.5 of~~

7 ~~the Rights of Crime Victims and Witnesses Act and shall be~~

8 ~~informed of their opportunity at these hearings to obtain a~~

9 ~~protective order.~~

10 ~~(i) Nothing in this Section shall be construed to limit~~

11 ~~the State's ability to file a verified petition seeking denial~~

12 ~~of pretrial release under subsection (a) of Section 110-6.1 or~~

13 ~~subdivision (d)(2) of Section 110-6.1.~~

14 ~~(j) At each subsequent appearance of the defendant before~~

15 ~~the court, the judge must find that continued detention under~~

16 ~~this Section is necessary to reasonably ensure the appearance~~

17 ~~of the defendant for later hearings or to prevent the~~

18 ~~defendant from being charged with a subsequent felony or Class~~

19 ~~A misdemeanor.~~

20 (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

21 (725 ILCS 5/110-6.1

22 Sec. 110-6.1. Denial of bail in non-probationable felony

23 offenses ~~pretrial release~~.

24 (a) Upon verified petition by the State, the court shall

25 hold a hearing to determine whether bail should be denied to a

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1 defendant who is charged with a felony offense for which a

2 sentence of imprisonment, without probation, periodic

3 imprisonment or conditional discharge, is required by law upon

4 conviction, when it is alleged that the defendant's admission

5 to bail poses a real and present threat to the physical safety

6 of any person or persons.

7 (1) A petition may be filed without prior notice to

8 the defendant at the first appearance before a judge, or

9 within the 21 calendar days, except as provided in Section

10 110-6, after arrest and release of the defendant upon

11 reasonable notice to defendant; provided that while such

12 petition is pending before the court, the defendant if

13 previously released shall not be detained.

14 (2) The hearing shall be held immediately upon the

15 defendant's appearance before the court, unless for good

16 cause shown the defendant or the State seeks a

17 continuance. A continuance on motion of the defendant may

18 not exceed 5 calendar days, and a continuance on the

19 motion of the State may not exceed 3 calendar days. The

20 defendant may be held in custody during such continuance.

21 (b) The court may deny bail to the defendant where, after

22 the hearing, it is determined that:

23 (1) the proof is evident or the presumption great that

24 the defendant has committed an offense for which a

25 sentence of imprisonment, without probation, periodic

26 imprisonment or conditional discharge, must be imposed by

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1 law as a consequence of conviction, and

2 (2) the defendant poses a real and present threat to

3 the physical safety of any person or persons, by conduct

4 which may include, but is not limited to, a forcible

5 felony, the obstruction of justice, intimidation, injury,

6 physical harm, an offense under the Illinois Controlled

7 Substances Act which is a Class X felony, or an offense

8 under the Methamphetamine Control and Community Protection

9 Act which is a Class X felony, and

10 (3) the court finds that no condition or combination

11 of conditions set forth in subsection (b) of Section

12 110-10 of this Article, can reasonably assure the physical

13 safety of any other person or persons.

14 (c) Conduct of the hearings.

15 (1) The hearing on the defendant's culpability and

16 dangerousness shall be conducted in accordance with the

17 following provisions:

18 (A) Information used by the court in its findings or

19 stated in or offered at such hearing may be by way of

20 proffer based upon reliable information offered by the

21 State or by defendant. Defendant has the right to be

22 represented by counsel, and if he is indigent, to have

23 counsel appointed for him. Defendant shall have the

24 opportunity to testify, to present witnesses in his

25 own behalf, and to cross-examine witnesses if any are

26 called by the State. The defendant has the right to

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1 present witnesses in his favor. When the ends of

2 justice so require, the court may exercise its

3 discretion and compel the appearance of a complaining

4 witness. The court shall state on the record reasons

5 for granting a defense request to compel the presence

6 of a complaining witness. Cross-examination of a

7 complaining witness at the pretrial detention hearing

8 for the purpose of impeaching the witness' credibility

9 is insufficient reason to compel the presence of the

10 witness. In deciding whether to compel the appearance

11 of a complaining witness, the court shall be

12 considerate of the emotional and physical well-being

13 of the witness. The pre-trial detention hearing is not

14 to be used for purposes of discovery, and the post

15 arraignment rules of discovery do not apply. The State

16 shall tender to the defendant, prior to the hearing,

17 copies of defendant's criminal history, if any, if

18 available, and any written or recorded statements and

19 the substance of any oral statements made by any

20 person, if relied upon by the State in its petition.

21 The rules concerning the admissibility of evidence in

22 criminal trials do not apply to the presentation and

23 consideration of information at the hearing. At the

24 trial concerning the offense for which the hearing was

25 conducted neither the finding of the court nor any

26 transcript or other record of the hearing shall be

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1 admissible in the State's case in chief, but shall be

2 admissible for impeachment, or as provided in Section

3 115-10.1 of this Code, or in a perjury proceeding.

4 (B) A motion by the defendant to suppress evidence or

5 to suppress a confession shall not be entertained.

6 Evidence that proof may have been obtained as the

7 result of an unlawful search and seizure or through

8 improper interrogation is not relevant to this state

9 of the prosecution.

10 (2) The facts relied upon by the court to support a

11 finding that the defendant poses a real and present threat

12 to the physical safety of any person or persons shall be

13 supported by clear and convincing evidence presented by

14 the State.

15 (d) Factors to be considered in making a determination of

16 dangerousness. The court may, in determining whether the

17 defendant poses a real and present threat to the physical

18 safety of any person or persons, consider but shall not be

19 limited to evidence or testimony concerning:

20 (1) The nature and circumstances of any offense

21 charged, including whether the offense is a crime of

22 violence, involving a weapon.

23 (2) The history and characteristics of the defendant

24 including:

25 (A) Any evidence of the defendant's prior criminal

26 history indicative of violent, abusive or assaultive

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LRB103 35722 RLC 65802 b

1 behavior, or lack of such behavior. Such evidence may

2 include testimony or documents received in juvenile

3 proceedings, criminal, quasi-criminal, civil

4 commitment, domestic relations or other proceedings.

5 (B) Any evidence of the defendant's psychological,

6 psychiatric or other similar social history which

7 tends to indicate a violent, abusive, or assaultive

8 nature, or lack of any such history.

9 (3) The identity of any person or persons to whose

10 safety the defendant is believed to pose a threat, and the

11 nature of the threat;

12 (4) Any statements made by, or attributed to the

13 defendant, together with the circumstances surrounding

14 them;

15 (5) The age and physical condition of any person

16 assaulted by the defendant;

17 (6) Whether the defendant is known to possess or have

18 access to any weapon or weapons;

19 (7) Whether, at the time of the current offense or any

20 other offense or arrest, the defendant was on probation,

21 parole, aftercare release, mandatory supervised release or

22 other release from custody pending trial, sentencing,

23 appeal or completion of sentence for an offense under

24 federal or state law;

25 (8) Any other factors, including those listed in

26 Section 110-5 of this Article deemed by the court to have a

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1 reasonable bearing upon the defendant's propensity or

2 reputation for violent, abusive or assaultive behavior, or

3 lack of such behavior.

4 (e) Detention order. The court shall, in any order for

5 detention:

6 (1) briefly summarize the evidence of the defendant's

7 culpability and its reasons for concluding that the

8 defendant should be held without bail;

9 (2) direct that the defendant be committed to the

10 custody of the sheriff for confinement in the county jail

11 pending trial;

12 (3) direct that the defendant be given a reasonable

13 opportunity for private consultation with counsel, and for

14 communication with others of his choice by visitation,

15 mail and telephone; and

16 (4) direct that the sheriff deliver the defendant as

17 required for appearances in connection with court

18 proceedings.

19 (f) If the court enters an order for the detention of the

20 defendant pursuant to subsection (e) of this Section, the

21 defendant shall be brought to trial on the offense for which he

22 is detained within 90 days after the date on which the order

23 for detention was entered. If the defendant is not brought to

24 trial within the 90 day period required by the preceding

25 sentence, he shall not be held longer without bail. In

26 computing the 90 day period, the court shall omit any period of

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1 delay resulting from a continuance granted at the request of

2 the defendant.

3 (g) Rights of the defendant. Any person shall be entitled

4 to appeal any order entered under this Section denying bail to

5 the defendant.

6 (h) The State may appeal any order entered under this

7 Section denying any motion for denial of bail.

8 (i) Nothing in this Section shall be construed as

9 modifying or limiting in any way the defendant's presumption

10 of innocence in further criminal proceedings.

11 ~~(a) Upon verified petition by the State, the court shall~~

12 ~~hold a hearing and may deny a defendant pretrial release only~~

13 ~~if:~~

14 ~~(1) the defendant is charged with a felony offense~~

15 ~~other than a forcible felony for which, based on the~~

16 ~~charge or the defendant's criminal history, a sentence of~~

17 ~~imprisonment, without probation, periodic imprisonment or~~

18 ~~conditional discharge, is required by law upon conviction,~~

19 ~~and it is alleged that the defendant's pretrial release~~

20 ~~poses a real and present threat to the safety of any person~~

21 ~~or persons or the community, based on the specific~~

22 ~~articulable facts of the case;~~

23 ~~(1.5) the defendant's pretrial release poses a real~~

24 ~~and present threat to the safety of any person or persons~~

25 ~~or the community, based on the specific articulable facts~~

26 ~~of the case, and the defendant is charged with a forcible~~

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1 ~~felony, which as used in this Section, means treason,~~

2 ~~first degree murder, second degree murder, predatory~~

3 ~~criminal sexual assault of a child, aggravated criminal~~

4 ~~sexual assault, criminal sexual assault, armed robbery,~~

5 ~~aggravated robbery, robbery, burglary where there is use~~

6 ~~of force against another person, residential burglary,~~

7 ~~home invasion, vehicular invasion, aggravated arson,~~

8 ~~arson, aggravated kidnaping, kidnaping, aggravated battery~~

9 ~~resulting in great bodily harm or permanent disability or~~

10 ~~disfigurement or any other felony which involves the~~

11 ~~threat of or infliction of great bodily harm or permanent~~

12 ~~disability or disfigurement;~~

13 ~~(2) the defendant is charged with stalking or~~

14 ~~aggravated stalking, and it is alleged that the~~

15 ~~defendant's pre-trial release poses a real and present~~

16 ~~threat to the safety of a victim of the alleged offense,~~

17 ~~and denial of release is necessary to prevent fulfillment~~

18 ~~of the threat upon which the charge is based;~~

19 ~~(3) the defendant is charged with a violation of an~~

20 ~~order of protection issued under Section 112A-14 of this~~

21 ~~Code or Section 214 of the Illinois Domestic Violence Act~~

22 ~~of 1986, a stalking no contact order under Section 80 of~~

23 ~~the Stalking No Contact Order Act, or of a civil no contact~~

24 ~~order under Section 213 of the Civil No Contact Order Act,~~

25 ~~and it is alleged that the defendant's pretrial release~~

26 ~~poses a real and present threat to the safety of any person~~

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1 ~~or persons or the community, based on the specific~~

2 ~~articulable facts of the case;~~

3 ~~(4) the defendant is charged with domestic battery or~~

4 ~~aggravated domestic battery under Section 12-3.2 or 12-3.3~~

5 ~~of the Criminal Code of 2012 and it is alleged that the~~

6 ~~defendant's pretrial release poses a real and present~~

7 ~~threat to the safety of any person or persons or the~~

8 ~~community, based on the specific articulable facts of the~~

9 ~~case;~~

10 ~~(5) the defendant is charged with any offense under~~

11 ~~Article 11 of the Criminal Code of 2012, except for~~

12 ~~Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35,~~

13 ~~11-40, and 11-45 of the Criminal Code of 2012, or similar~~

14 ~~provisions of the Criminal Code of 1961 and it is alleged~~

15 ~~that the defendant's pretrial release poses a real and~~

16 ~~present threat to the safety of any person or persons or~~

17 ~~the community, based on the specific articulable facts of~~

18 ~~the case;~~

19 ~~(6) the defendant is charged with any of the following~~

20 ~~offenses under the Criminal Code of 2012, and it is~~

21 ~~alleged that the defendant's pretrial release poses a real~~

22 ~~and present threat to the safety of any person or persons~~

23 ~~or the community, based on the specific articulable facts~~

24 ~~of the case:~~

25 ~~(A) Section 24-1.2 (aggravated discharge of a~~

26 ~~firearm);~~

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LRB103 35722 RLC 65802 b

1 ~~(B) Section 24-2.5 (aggravated discharge of a~~

2 ~~machine gun or a firearm equipped with a device~~

3 ~~designed or use for silencing the report of a~~

4 ~~firearm);~~

5 ~~(C) Section 24-1.5 (reckless discharge of a~~

6 ~~firearm);~~

7 ~~(D) Section 24-1.7 (armed habitual criminal);~~

8 ~~(E) Section 24-2.2 (manufacture, sale or transfer~~

9 ~~of bullets or shells represented to be armor piercing~~

10 ~~bullets, dragon's breath shotgun shells, bolo shells,~~

11 ~~or flechette shells);~~

12 ~~(F) Section 24-3 (unlawful sale or delivery of~~

13 ~~firearms);~~

14 ~~(G) Section 24-3.3 (unlawful sale or delivery of~~

15 ~~firearms on the premises of any school);~~

16 ~~(H) Section 24-34 (unlawful sale of firearms by~~

17 ~~liquor license);~~

18 ~~(I) Section 24-3.5 (unlawful purchase of a~~

19 ~~firearm);~~

20 ~~(J) Section 24-3A (gunrunning);~~

21 ~~(K) Section 24-3B (firearms trafficking);~~

22 ~~(L) Section 10-9 (b) (involuntary servitude);~~

23 ~~(M) Section 10-9 (c) (involuntary sexual servitude~~

24 ~~of a minor);~~

25 ~~(N) Section 10-9(d) (trafficking in persons);~~

26 ~~(O) Non-probationable violations: (i) unlawful use~~

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1 ~~or possession of weapons by felons or persons in the~~

2 ~~Custody of the Department of Corrections facilities~~

3 ~~(Section 24-1.1), (ii) aggravated unlawful use of a~~

4 ~~weapon (Section 24-1.6), or (iii) aggravated~~

5 ~~possession of a stolen firearm (Section 24-3.9);~~

6 ~~(P) Section 9-3 (reckless homicide and involuntary~~

7 ~~manslaughter);~~

8 ~~(Q) Section 19-3 (residential burglary);~~

9 ~~(R) Section 10-5 (child abduction);~~

10 ~~(S) Felony violations of Section 12C-5 (child~~

11 ~~endangerment);~~

12 ~~(T) Section 12-7.1 (hate crime);~~

13 ~~(U) Section 10-3.1 (aggravated unlawful~~

14 ~~restraint);~~

15 ~~(V) Section 12-9 (threatening a public official);~~

16 ~~(W) Subdivision (f)(1) of Section 12-3.05~~

17 ~~(aggravated battery with a deadly weapon other than by~~

18 ~~discharge of a firearm);~~

19 ~~(6.5) the defendant is charged with any of the~~

20 ~~following offenses, and it is alleged that the defendant's~~

21 ~~pretrial release poses a real and present threat to the~~

22 ~~safety of any person or persons or the community, based on~~

23 ~~the specific articulable facts of the case:~~

24 ~~(A) Felony violations of Sections 3.01, 3.02, or~~

25 ~~3.03 of the Humane Care for Animals Act (cruel~~

26 ~~treatment, aggravated cruelty, and animal torture);~~

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1 ~~(B) Subdivision (d)(1)(B) of Section 11-501 of the~~

2 ~~Illinois Vehicle Code (aggravated driving under the~~

3 ~~influence while operating a school bus with~~

4 ~~passengers);~~

5 ~~(C) Subdivision (d)(1)(C) of Section 11-501 of the~~

6 ~~Illinois Vehicle Code (aggravated driving under the~~

7 ~~influence causing great bodily harm);~~

8 ~~(D) Subdivision (d)(1)(D) of Section 11-501 of the~~

9 ~~Illinois Vehicle Code (aggravated driving under the~~

10 ~~influence after a previous reckless homicide~~

11 ~~conviction);~~

12 ~~(E) Subdivision (d)(1)(F) of Section 11-501 of the~~

13 ~~Illinois Vehicle Code (aggravated driving under the~~

14 ~~influence leading to death); or~~

15 ~~(F) Subdivision (d)(1)(J) of Section 11-501 of the~~

16 ~~Illinois Vehicle Code (aggravated driving under the~~

17 ~~influence that resulted in bodily harm to a child~~

18 ~~under the age of 16);~~

19 ~~(7) the defendant is charged with an attempt to commit~~

20 ~~any charge listed in paragraphs (1) through (6.5), and it~~

21 ~~is alleged that the defendant's pretrial release poses a~~

22 ~~real and present threat to the safety of any person or~~

23 ~~persons or the community, based on the specific~~

24 ~~articulable facts of the case; or~~

25 ~~(8) the person has a high likelihood of willful flight~~

26 ~~to avoid prosecution and is charged with:~~

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1 ~~(A) Any felony described in subdivisions (a)(1)~~

2 ~~through (a)(7) of this Section; or~~

3 ~~(B) A felony offense other than a Class 4 offense.~~

4 ~~(b) If the charged offense is a felony, as part of the~~

5 ~~detention hearing, the court shall determine whether there is~~

6 ~~probable cause the defendant has committed an offense, unless~~

7 ~~a hearing pursuant to Section 109-3 of this Code has already~~

8 ~~been held or a grand jury has returned a true bill of~~

9 ~~indictment against the defendant. If there is a finding of no~~

10 ~~probable cause, the defendant shall be released. No such~~

11 ~~finding is necessary if the defendant is charged with a~~

12 ~~misdemeanor.~~

13 ~~(c) Timing of petition.~~

14 ~~(1) A petition may be filed without prior notice to~~

15 ~~the defendant at the first appearance before a judge, or~~

16 ~~within the 21 calendar days, except as provided in Section~~

17 ~~110-6, after arrest and release of the defendant upon~~

18 ~~reasonable notice to defendant; provided that while such~~

19 ~~petition is pending before the court, the defendant if~~

20 ~~previously released shall not be detained.~~

21 ~~(2) Upon filing, the court shall immediately hold a~~

22 ~~hearing on the petition unless a continuance is requested.~~

23 ~~If a continuance is requested and granted, the hearing~~

24 ~~shall be held within 48 hours of the defendant's first~~

25 ~~appearance if the defendant is charged with first degree~~

26 ~~murder or a Class X, Class 1, Class 2, or Class 3 felony,~~

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1 ~~and within 24 hours if the defendant is charged with a~~

2 ~~Class 4 or misdemeanor offense. The Court may deny or~~

3 ~~grant the request for continuance. If the court decides to~~

4 ~~grant the continuance, the Court retains the discretion to~~

5 ~~detain or release the defendant in the time between the~~

6 ~~filing of the petition and the hearing.~~

7 ~~(d) Contents of petition.~~

8 ~~(1) The petition shall be verified by the State and~~

9 ~~shall state the grounds upon which it contends the~~

10 ~~defendant should be denied pretrial release, including the~~

11 ~~real and present threat to the safety of any person or~~

12 ~~persons or the community, based on the specific~~

13 ~~articulable facts or flight risk, as appropriate.~~

14 ~~(2) If the State seeks to file a second or subsequent~~

15 ~~petition under this Section, the State shall be required~~

16 ~~to present a verified application setting forth in detail~~

17 ~~any new facts not known or obtainable at the time of the~~

18 ~~filing of the previous petition.~~

19 ~~(e) Eligibility: All defendants shall be presumed eligible~~

20 ~~for pretrial release, and the State shall bear the burden of~~

21 ~~proving by clear and convincing evidence that:~~

22 ~~(1) the proof is evident or the presumption great that~~

23 ~~the defendant has committed an offense listed in~~

24 ~~subsection (a), and~~

25 ~~(2) for offenses listed in paragraphs (1) through (7)~~

26 ~~of subsection (a), the defendant poses a real and present~~

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1 ~~threat to the safety of any person or persons or the~~

2 ~~community, based on the specific articulable facts of the~~

3 ~~case, by conduct which may include, but is not limited to,~~

4 ~~a forcible felony, the obstruction of justice,~~

5 ~~intimidation, injury, or abuse as defined by paragraph (1)~~

6 ~~of Section 103 of the Illinois Domestic Violence Act of~~

7 ~~1986, and~~

8 ~~(3) no condition or combination of conditions set~~

9 ~~forth in subsection (b) of Section 110-10 of this Article~~

10 ~~can mitigate (i) the real and present threat to the safety~~

11 ~~of any person or persons or the community, based on the~~

12 ~~specific articulable facts of the case, for offenses~~

13 ~~listed in paragraphs (1) through (7) of subsection (a), or~~

14 ~~(ii) the defendant's willful flight for offenses listed in~~

15 ~~paragraph (8) of subsection (a), and~~

16 ~~(4) for offenses under subsection (b) of Section 407~~

17 ~~of the Illinois Controlled Substances Act that are subject~~

18 ~~to paragraph (1) of subsection (a), no condition or~~

19 ~~combination of conditions set forth in subsection (b) of~~

20 ~~Section 110-10 of this Article can mitigate the real and~~

21 ~~present threat to the safety of any person or persons or~~

22 ~~the community, based on the specific articulable facts of~~

23 ~~the case, and the defendant poses a serious risk to not~~

24 ~~appear in court as required.~~

25 ~~(f) Conduct of the hearings.~~

26 ~~(1) Prior to the hearing, the State shall tender to~~

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1 ~~the defendant copies of the defendant's criminal history~~

2 ~~available, any written or recorded statements, and the~~

3 ~~substance of any oral statements made by any person, if~~

4 ~~relied upon by the State in its petition, and any police~~

5 ~~reports in the prosecutor's possession at the time of the~~

6 ~~hearing.~~

7 ~~(2) The State or defendant may present evidence at the~~

8 ~~hearing by way of proffer based upon reliable information.~~

9 ~~(3) The defendant has the right to be represented by~~

10 ~~counsel, and if he or she is indigent, to have counsel~~

11 ~~appointed for him or her. The defendant shall have the~~

12 ~~opportunity to testify, to present witnesses on his or her~~

13 ~~own behalf, and to cross-examine any witnesses that are~~

14 ~~called by the State. Defense counsel shall be given~~

15 ~~adequate opportunity to confer with the defendant before~~

16 ~~any hearing at which conditions of release or the~~

17 ~~detention of the defendant are to be considered, with an~~

18 ~~accommodation for a physical condition made to facilitate~~

19 ~~attorney/client consultation. If defense counsel needs to~~

20 ~~confer or consult with the defendant during any hearing~~

21 ~~conducted via a two-way audio-visual communication system,~~

22 ~~such consultation shall not be recorded and shall be~~

23 ~~undertaken consistent with constitutional protections.~~

24 ~~(3.5) A hearing at which pretrial release may be~~

25 ~~denied must be conducted in person (and not by way of~~

26 ~~two-way audio visual communication) unless the accused~~

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1 ~~waives the right to be present physically in court, the~~

2 ~~court determines that the physical health and safety of~~

3 ~~any person necessary to the proceedings would be~~

4 ~~endangered by appearing in court, or the chief judge of~~

5 ~~the circuit orders use of that system due to operational~~

6 ~~challenges in conducting the hearing in person. Such~~

7 ~~operational challenges must be documented and approved by~~

8 ~~the chief judge of the circuit, and a plan to address the~~

9 ~~challenges through reasonable efforts must be presented~~

10 ~~and approved by the Administrative Office of the Illinois~~

11 ~~Courts every 6 months.~~

12 ~~(4) If the defense seeks to compel the complaining~~

13 ~~witness to testify as a witness in its favor, it shall~~

14 ~~petition the court for permission. When the ends of~~

15 ~~justice so require, the court may exercise its discretion~~

16 ~~and compel the appearance of a complaining witness. The~~

17 ~~court shall state on the record reasons for granting a~~

18 ~~defense request to compel the presence of a complaining~~

19 ~~witness only on the issue of the defendant's pretrial~~

20 ~~detention. In making a determination under this Section,~~

21 ~~the court shall state on the record the reason for~~

22 ~~granting a defense request to compel the presence of a~~

23 ~~complaining witness, and only grant the request if the~~

24 ~~court finds by clear and convincing evidence that the~~

25 ~~defendant will be materially prejudiced if the complaining~~

26 ~~witness does not appear. Cross-examination of a~~

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1 ~~complaining witness at the pretrial detention hearing for~~

2 ~~the purpose of impeaching the witness' credibility is~~

3 ~~insufficient reason to compel the presence of the witness.~~

4 ~~In deciding whether to compel the appearance of a~~

5 ~~complaining witness, the court shall be considerate of the~~

6 ~~emotional and physical well-being of the witness. The~~

7 ~~pre-trial detention hearing is not to be used for purposes~~

8 ~~of discovery, and the post arraignment rules of discovery~~

9 ~~do not apply. The State shall tender to the defendant,~~

10 ~~prior to the hearing, copies, if any, of the defendant's~~

11 ~~criminal history, if available, and any written or~~

12 ~~recorded statements and the substance of any oral~~

13 ~~statements made by any person, if in the State's~~

14 ~~Attorney's possession at the time of the hearing.~~

15 ~~(5) The rules concerning the admissibility of evidence~~

16 ~~in criminal trials do not apply to the presentation and~~

17 ~~consideration of information at the hearing. At the trial~~

18 ~~concerning the offense for which the hearing was conducted~~

19 ~~neither the finding of the court nor any transcript or~~

20 ~~other record of the hearing shall be admissible in the~~

21 ~~State's case-in-chief, but shall be admissible for~~

22 ~~impeachment, or as provided in Section 115-10.1 of this~~

23 ~~Code, or in a perjury proceeding.~~

24 ~~(6) The defendant may not move to suppress evidence or~~

25 ~~a confession, however, evidence that proof of the charged~~

26 ~~crime may have been the result of an unlawful search or~~

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1 ~~seizure, or both, or through improper interrogation, is~~

2 ~~relevant in assessing the weight of the evidence against~~

3 ~~the defendant.~~

4 ~~(7) Decisions regarding release, conditions of~~

5 ~~release, and detention prior to trial must be~~

6 ~~individualized, and no single factor or standard may be~~

7 ~~used exclusively to order detention. Risk assessment tools~~

8 ~~may not be used as the sole basis to deny pretrial release.~~

9 ~~(g) Factors to be considered in making a determination of~~

10 ~~dangerousness. The court may, in determining whether the~~

11 ~~defendant poses a real and present threat to the safety of any~~

12 ~~person or persons or the community, based on the specific~~

13 ~~articulable facts of the case, consider, but shall not be~~

14 ~~limited to, evidence or testimony concerning:~~

15 ~~(1) The nature and circumstances of any offense~~

16 ~~charged, including whether the offense is a crime of~~

17 ~~violence, involving a weapon, or a sex offense.~~

18 ~~(2) The history and characteristics of the defendant~~

19 ~~including:~~

20 ~~(A) Any evidence of the defendant's prior criminal~~

21 ~~history indicative of violent, abusive or assaultive~~

22 ~~behavior, or lack of such behavior. Such evidence may~~

23 ~~include testimony or documents received in juvenile~~

24 ~~proceedings, criminal, quasi-criminal, civil~~

25 ~~commitment, domestic relations, or other proceedings.~~

26 ~~(B) Any evidence of the defendant's psychological,~~

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1 ~~psychiatric or other similar social history which~~

2 ~~tends to indicate a violent, abusive, or assaultive~~

3 ~~nature, or lack of any such history.~~

4 ~~(3) The identity of any person or persons to whose~~

5 ~~safety the defendant is believed to pose a threat, and the~~

6 ~~nature of the threat.~~

7 ~~(4) Any statements made by, or attributed to the~~

8 ~~defendant, together with the circumstances surrounding~~

9 ~~them.~~

10 ~~(5) The age and physical condition of the defendant.~~

11 ~~(6) The age and physical condition of any victim or~~

12 ~~complaining witness.~~

13 ~~(7) Whether the defendant is known to possess or have~~

14 ~~access to any weapon or weapons.~~

15 ~~(8) Whether, at the time of the current offense or any~~

16 ~~other offense or arrest, the defendant was on probation,~~

17 ~~parole, aftercare release, mandatory supervised release or~~

18 ~~other release from custody pending trial, sentencing,~~

19 ~~appeal or completion of sentence for an offense under~~

20 ~~federal or state law.~~

21 ~~(9) Any other factors, including those listed in~~

22 ~~Section 110-5 of this Article deemed by the court to have a~~

23 ~~reasonable bearing upon the defendant's propensity or~~

24 ~~reputation for violent, abusive, or assaultive behavior,~~

25 ~~or lack of such behavior.~~

26 ~~(h) Detention order. The court shall, in any order for~~

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1 ~~detention:~~

2 ~~(1) make a written finding summarizing the court's~~

3 ~~reasons for concluding that the defendant should be denied~~

4 ~~pretrial release, including why less restrictive~~

5 ~~conditions would not avoid a real and present threat to~~

6 ~~the safety of any person or persons or the community,~~

7 ~~based on the specific articulable facts of the case, or~~

8 ~~prevent the defendant's willful flight from prosecution;~~

9 ~~(2) direct that the defendant be committed to the~~

10 ~~custody of the sheriff for confinement in the county jail~~

11 ~~pending trial;~~

12 ~~(3) direct that the defendant be given a reasonable~~

13 ~~opportunity for private consultation with counsel, and for~~

14 ~~communication with others of his or her choice by~~

15 ~~visitation, mail and telephone; and~~

16 ~~(4) direct that the sheriff deliver the defendant as~~

17 ~~required for appearances in connection with court~~

18 ~~proceedings.~~

19 ~~(i) Detention. If the court enters an order for the~~

20 ~~detention of the defendant pursuant to subsection (e) of this~~

21 ~~Section, the defendant shall be brought to trial on the~~

22 ~~offense for which he is detained within 90 days after the date~~

23 ~~on which the order for detention was entered. If the defendant~~

24 ~~is not brought to trial within the 90-day period required by~~

25 ~~the preceding sentence, he shall not be denied pretrial~~

26 ~~release. In computing the 90-day period, the court shall omit~~

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1 ~~any period of delay resulting from a continuance granted at~~

2 ~~the request of the defendant and any period of delay resulting~~

3 ~~from a continuance granted at the request of the State with~~

4 ~~good cause shown pursuant to Section 103-5.~~

5 ~~(i-5) At each subsequent appearance of the defendant~~

6 ~~before the court, the judge must find that continued detention~~

7 ~~is necessary to avoid a real and present threat to the safety~~

8 ~~of any person or persons or the community, based on the~~

9 ~~specific articulable facts of the case, or to prevent the~~

10 ~~defendant's willful flight from prosecution.~~

11 ~~(j) Rights of the defendant. The defendant shall be~~

12 ~~entitled to appeal any order entered under this Section~~

13 ~~denying his or her pretrial release.~~

14 ~~(k) Appeal. The State may appeal any order entered under~~

15 ~~this Section denying any motion for denial of pretrial~~

16 ~~release.~~

17 ~~(l) Presumption of innocence. Nothing in this Section~~

18 ~~shall be construed as modifying or limiting in any way the~~

19 ~~defendant's presumption of innocence in further criminal~~

20 ~~proceedings.~~

21 ~~(m) Interest of victims.~~

22 ~~(1) Crime victims shall be given notice by the State's~~

23 ~~Attorney's office of this hearing as required in paragraph (1)~~

24 ~~of subsection (b) of Section 4.5 of the Rights of Crime Victims~~

25 ~~and Witnesses Act and shall be informed of their opportunity~~

26 ~~at this hearing to obtain a protective order.~~

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1 ~~(2) If the defendant is denied pretrial release, the court~~

2 ~~may impose a no contact provision with the victim or other~~

3 ~~interested party that shall be enforced while the defendant~~

4 ~~remains in custody.~~

5 (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

6 (725 ILCS 5/110-6.2) (from Ch. 38, par. 110-6.2)

7 Sec. 110-6.2. Post-conviction detention.

8 (a) The court may order that a person who has been found

9 guilty of an offense and who is waiting imposition or

10 execution of sentence be held without bond ~~release~~ unless the

11 court finds by clear and convincing evidence that the person

12 is not likely to flee or pose a danger to any other person or

13 the community if released under Sections 110-5 and 110-10 of

14 this Act.

15 (b) The court may order that person who has been found

16 guilty of an offense and sentenced to a term of imprisonment be

17 held without bond ~~release~~ unless the court finds by clear and

18 convincing evidence that:

19 (1) the person is not likely to flee or pose a danger

20 to the safety of any other person or the community if

21 released on bond pending appeal; and

22 (2) that the appeal is not for purpose of delay and

23 raises a substantial question of law or fact likely to

24 result in reversal or an order for a new trial.

25 (Source: P.A. 101-652, eff. 1-1-23.)

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1 (725 ILCS 5/110-6.4)

2 Sec. 110-6.4. Statewide risk-assessment tool. The Supreme

3 Court may establish a statewide risk-assessment tool to be

4 used in proceedings to assist the court in establishing bail

5 ~~conditions of pretrial release~~ for a defendant by assessing

6 the defendant's likelihood of appearing at future court

7 proceedings or determining if the defendant poses a real and

8 present threat to the physical safety of any person or

9 persons. The Supreme Court shall consider establishing a

10 risk-assessment tool that does not discriminate on the basis

11 of race, gender, educational level, socio-economic status, or

12 neighborhood. If a risk-assessment tool is utilized within a

13 circuit that does not require a personal interview to be

14 completed, the Chief Judge of the circuit or the director of

15 the pretrial services agency may exempt the requirement under

16 Section 9 and subsection (a) of Section 7 of the Pretrial

17 Services Act.

18 For the purpose of this Section, "risk-assessment tool"

19 means an empirically validated, evidence-based screening

20 instrument that demonstrates reduced instances of a

21 defendant's failure to appear for further court proceedings or

22 prevents future criminal activity.

23 (Source: P.A. 100-1, eff. 1-1-18; 100-863, eff. 8-14-18;

24 101-652, eff. 1-1-23.)

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1 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)

2 Sec. 110-10. Conditions of bail bond ~~pretrial release~~.

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

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

5 recognizance, the conditions of the bail bond ~~pretrial release~~

6 shall be that he or she will:

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

8 jurisdiction on a day certain and thereafter as ordered by

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

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

11 process of the court;

12 (3) (Blank);

13 (3.1) Not depart this State without leave of the

14 court;

15 (4) Not violate any criminal statute of any

16 jurisdiction;

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

18 surrender all firearms in his or her possession to a law

19 enforcement officer designated by the court to take

20 custody of and impound the firearms and physically

21 surrender his or her Firearm Owner's Identification Card

22 to the clerk of the circuit court when the offense the

23 person has been charged with is a forcible felony,

24 stalking, aggravated stalking, domestic battery, any

25 violation of the Illinois Controlled Substances Act, the

26 Methamphetamine Control and Community Protection Act, or

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

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

3 the Criminal Code of 1961 or the Criminal Code of 2012; the

4 court may, however, forgo the imposition of this condition

5 when the circumstances of the case clearly do not warrant

6 it or when its imposition would be impractical; if the

7 Firearm Owner's Identification Card is confiscated, the

8 clerk of the circuit court shall mail the confiscated card

9 to the Illinois State Police; all legally possessed

10 firearms shall be returned to the person upon the charges

11 being dismissed, or if the person is found not guilty,

12 unless the finding of not guilty is by reason of insanity;

13 and

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

15 submit to a psychological evaluation when the person has

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

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

18 Criminal Code of 2012 and that violation occurred in a

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

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

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

22 feet of real property comprising any school.

23 Psychological evaluations ordered pursuant to this Section

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

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

26 ~~pretrial release~~ under these circumstances, the court shall

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LRB103 35722 RLC 65802 b

1 order the defendant to refrain from entering upon the property

2 of the school, including any conveyance owned, leased, or

3 contracted by a school to transport students to or from school

4 or a school-related activity, or on any public way within

5 1,000 feet of real property comprising any school. Upon

6 receipt of the psychological evaluation, either the State or

7 the defendant may request a change in the conditions of bail

8 ~~pretrial release~~, pursuant to Section 110-6 of this Code. The

9 court may change the conditions of bail ~~pretrial release~~ to

10 include a requirement that the defendant follow the

11 recommendations of the psychological evaluation, including

12 undergoing psychiatric treatment. The conclusions of the

13 psychological evaluation and any statements elicited from the

14 defendant during its administration are not admissible as

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

16 offense, unless the defendant places his or her mental

17 competency in issue.

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

19 following, if the court finds that such conditions are

20 reasonably necessary to assure the defendant's appearance in

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

22 defendant's unlawful interference with the orderly

23 administration of justice:

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

25 or agency as the court may direct;

26 (2) Refrain from possessing a firearm or other

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LRB103 35722 RLC 65802 b

1 dangerous weapon;

2 (3) Refrain from approaching or communicating with

3 particular persons or classes of persons;

4 (4) Refrain from going to certain described

5 geographical areas or premises;

6 (5) Refrain from engaging in certain activities or

7 indulging in intoxicating liquors or in certain drugs;

8 (6) Undergo treatment for drug addiction or

9 alcoholism;

10 (7) Undergo medical or psychiatric treatment;

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

12 training;

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

14 court;

15 (10) Support his or her dependents;

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

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

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

19 support at home or in a foster home;

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

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

22 or organization agreeing to supervise his release. Such

23 third party custodian shall be responsible for notifying

24 the court if the defendant fails to observe the conditions

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

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

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1 notify the court;

2 (14) Be placed under direct supervision of the

3 Pretrial Services Agency, Probation Department or Court

4 Services Department in a pretrial bond home supervision

5 capacity with or without the use of an approved electronic

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

7 the Unified Code of Corrections;

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

9 charged with any alcohol, cannabis, methamphetamine, or

10 controlled substance violation and is placed under direct

11 supervision of the Pretrial Services Agency, Probation

12 Department or Court Services Department in a pretrial bond

13 home supervision capacity with the use of an approved

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

15 that represents costs incidental to the electronic

16 monitoring for each day of such bail supervision ordered

17 by the court, unless after determining the inability of

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

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

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

21 provided in an administrative order of the Chief Judge of

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

23 pay all monies collected from this fee to the county

24 treasurer for deposit in the substance abuse services fund

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

26 provided in an administrative order of the Chief Judge of

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1 the circuit court.

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

3 by administrative order establish a program for electronic

4 monitoring of offenders with regard to drug-related and

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

6 monitors the operation of the electronic monitoring

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

8 program shall include provisions for indigent offenders

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

10 unduly burden the offender and shall be subject to review

11 by the Chief Judge.

12 The Chief Judge of the circuit court may suspend any

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

14 damage to any device;

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

16 including those defendants subject to paragraph (14.1)

17 above, placed under direct supervision of the Pretrial

18 Services Agency, Probation Department or Court Services

19 Department in a pretrial bond home supervision capacity

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

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

22 costs incidental to such electronic monitoring for each

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

24 after determining the inability of the defendant to pay

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

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

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1 circuit court, except as provided in an administrative

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

3 the circuit court shall pay all monies collected from this

4 fee to the county treasurer who shall use the monies

5 collected to defray the costs of corrections. The county

6 treasurer shall deposit the fee collected in the county

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

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

9 provided in an administrative order of the Chief Judge of

10 the circuit court.

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

12 by administrative order establish a program for electronic

13 monitoring of offenders with regard to drug-related and

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

15 monitors the operation of the electronic monitoring

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

17 program shall include provisions for indigent offenders

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

19 unduly burden the offender and shall be subject to review

20 by the Chief Judge.

21 The Chief Judge of the circuit court may suspend any

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

23 damage to any device;

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

25 establish reasonable fees to be paid by a person receiving

26 pretrial services while under supervision of a pretrial

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1 services agency, probation department, or court services

2 department. Reasonable fees may be charged for pretrial

3 services including, but not limited to, pretrial

4 supervision, diversion programs, electronic monitoring,

5 victim impact services, drug and alcohol testing, DNA

6 testing, GPS electronic monitoring, assessments and

7 evaluations related to domestic violence and other

8 victims, and victim mediation services. The person

9 receiving pretrial services may be ordered to pay all

10 costs incidental to pretrial services in accordance with

11 his or her ability to pay those costs;

12 (14.4) For persons charged with violating Section

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

14 operating a motor vehicle not equipped with an ignition

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

16 Illinois Vehicle Code, pursuant to the rules promulgated

17 by the Secretary of State for the installation of ignition

18 interlock devices. Under this condition the court may

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

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

21 equipped with an ignition interlock device in the course

22 and scope of the defendant's employment;

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

24 of protection issued by the court under the Illinois

25 Domestic Violence Act of 1986 or an order of protection

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

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1 States territory;

2 (16) Under Section 110-6.5-1 comply with the

3 conditions of the drug testing program; and

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

5 impose.

6 ~~(b) Additional conditions of release shall be set only~~

7 ~~when it is determined that they are necessary to ensure the~~

8 ~~defendant's appearance in court, ensure the defendant does not~~

9 ~~commit any criminal offense, ensure the defendant complies~~

10 ~~with all conditions of pretrial release, prevent the~~

11 ~~defendant's unlawful interference with the orderly~~

12 ~~administration of justice, or ensure compliance with the rules~~

13 ~~and procedures of problem solving courts. However, conditions~~

14 ~~shall include the least restrictive means and be~~

15 ~~individualized. Conditions shall not mandate rehabilitative~~

16 ~~services unless directly tied to the risk of pretrial~~

17 ~~misconduct. Conditions of supervision shall not include~~

18 ~~punitive measures such as community service work or~~

19 ~~restitution. Conditions may include the following:~~

20 ~~(0.05) Not depart this State without leave of the~~

21 ~~court;~~

22 ~~(1) Report to or appear in person before such person~~

23 ~~or agency as the court may direct;~~

24 ~~(2) Refrain from possessing a firearm or other~~

25 ~~dangerous weapon;~~

26 ~~(3) Refrain from approaching or communicating with~~

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1 ~~particular persons or classes of persons;~~

2 ~~(4) Refrain from going to certain described geographic~~

3 ~~areas or premises;~~

4 ~~(5) Be placed under direct supervision of the Pretrial~~

5 ~~Services Agency, Probation Department or Court Services~~

6 ~~Department in a pretrial home supervision capacity with or~~

7 ~~without the use of an approved electronic monitoring~~

8 ~~device subject to Article 8A of Chapter V of the Unified~~

9 ~~Code of Corrections;~~

10 ~~(6) For persons charged with violating Section 11-501~~

11 ~~of the Illinois Vehicle Code, refrain from operating a~~

12 ~~motor vehicle not equipped with an ignition interlock~~

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

14 ~~Vehicle Code, pursuant to the rules promulgated by the~~

15 ~~Secretary of State for the installation of ignition~~

16 ~~interlock devices. Under this condition the court may~~

17 ~~allow a defendant who is not self-employed to operate a~~

18 ~~vehicle owned by the defendant's employer that is not~~

19 ~~equipped with an ignition interlock device in the course~~

20 ~~and scope of the defendant's employment;~~

21 ~~(7) Comply with the terms and conditions of an order~~

22 ~~of protection issued by the court under the Illinois~~

23 ~~Domestic Violence Act of 1986 or an order of protection~~

24 ~~issued by the court of another state, tribe, or United~~

25 ~~States territory;~~

26 ~~(8) Sign a written admonishment requiring that he or~~

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1 ~~she comply with the provisions of Section 110-12 regarding~~

2 ~~any change in his or her address. The defendant's address~~

3 ~~shall at all times remain a matter of record with the clerk~~

4 ~~of the court; and~~

5 ~~(9) Such other reasonable conditions as the court may~~

6 ~~impose, so long as these conditions are the least~~

7 ~~restrictive means to achieve the goals listed in~~

8 ~~subsection (b), are individualized, and are in accordance~~

9 ~~with national best practices as detailed in the Pretrial~~

10 ~~Supervision Standards of the Supreme Court.~~

11 ~~The defendant shall receive verbal and written~~

12 ~~notification of conditions of pretrial release and future~~

13 ~~court dates, including the date, time, and location of court.~~

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

15 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

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

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

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

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

20 defendant on his or her recognizance, the judge shall impose

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

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

23 will:

24 1. Vacate the household.

25 2. Make payment of temporary support to his

26 dependents.

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1 3. Refrain from contact or communication with the

2 child victim, except as ordered by the court.

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

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

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

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

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

8 the restrictions shall include requirements that the defendant

9 do the following:

10 (1) refrain from contact or communication with the

11 victim for a minimum period of 72 hours following the

12 defendant's release; and

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

14 residence for a minimum period of 72 hours following the

15 defendant's release.

16 (e) Local law enforcement agencies shall develop

17 standardized bond ~~pretrial release~~ forms for use in cases

18 involving family or household members as defined in Article

19 112A, including specific conditions of bond ~~pretrial release~~

20 as provided in subsection (d). Failure of any law enforcement

21 department to develop or use those forms shall in no way limit

22 the applicability and enforcement of subsections (d) and (f).

23 (f) If the defendant is admitted to bail ~~released after~~

24 ~~conviction following appeal or other post-conviction~~

25 ~~proceeding~~, the conditions of the bail bond ~~pretrial release~~

26 shall be that he will, in addition to the conditions set forth

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1 in subsections (a) and (b) hereof:

2 (1) Duly prosecute his appeal;

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

4 direct;

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

6 (4) Comply with such other reasonable conditions as

7 the court may impose; and

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

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

10 officer from whose custody he was bailed ~~released~~.

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

12 defendant shall physically surrender, at a time and place

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

14 possession and his or her Firearm Owner's Identification Card

15 as a condition of remaining on bond ~~being released~~ pending

16 sentencing.

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

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

19 other interested party that shall be enforced while the

20 defendant remains in custody.

21 (Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23;

22 102-1104, eff. 1-1-23.)

23 (725 ILCS 5/110-11) (from Ch. 38, par. 110-11)

24 Sec. 110-11. Bail ~~Pretrial release~~ on a new trial. If the

25 judgment of conviction is reversed and the cause remanded for

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1 a new trial the trial court may order that thebail ~~conditions~~

2 ~~of pretrial release~~ stand pending such trial, or reduce or

3 increase bail ~~modify the conditions of pretrial release~~.

4 (Source: P.A. 101-652, eff. 1-1-23.)

5 (725 ILCS 5/110-12) (from Ch. 38, par. 110-12)

6 Sec. 110-12. Notice of change of address. A defendant who

7 has been admitted to bail ~~pretrial release~~ shall file a

8 written notice with the clerk of the court before which the

9 proceeding is pending of any change in his or her address

10 within 24 hours after such change, except that a defendant who

11 has been admitted to bail ~~pretrial release~~ for a forcible

12 felony as defined in Section 2-8 of the Criminal Code of 2012

13 shall file a written notice with the clerk of the court before

14 which the proceeding is pending and the clerk shall

15 immediately deliver a time stamped copy of the written notice

16 to the State's Attorney ~~prosecutor~~ charged with the

17 prosecution within 24 hours prior to such change. The address

18 of a defendant who has been admitted to bail ~~pretrial release~~

19 shall at all times remain a matter of public record with the

20 clerk of the court.

21 (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

22 (725 ILCS 5/111-2) (from Ch. 38, par. 111-2)

23 Sec. 111-2. Commencement of prosecutions.

24 (a) All prosecutions of felonies shall be by information

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1 or by indictment. No prosecution may be pursued by information

2 unless a preliminary hearing has been held or waived in

3 accordance with Section 109-3 and at that hearing probable

4 cause to believe the defendant committed an offense was found,

5 and the provisions of Section 109-3.1 of this Code have been

6 complied with.

7 (b) All other prosecutions may be by indictment,

8 information or complaint.

9 (c) Upon the filing of an information or indictment in

10 open court charging the defendant with the commission of a sex

11 offense defined in any Section of Article 11 of the Criminal

12 Code of 1961 or the Criminal Code of 2012, and a minor as

13 defined in Section 1-3 of the Juvenile Court Act of 1987 is

14 alleged to be the victim of the commission of the acts of the

15 defendant in the commission of such offense, the court may

16 appoint a guardian ad litem for the minor as provided in

17 Section 2-17, 3-19, 4-16 or 5-610 of the Juvenile Court Act of

18 1987.

19 (d) Upon the filing of an information or indictment in

20 open court, the court shall immediately issue a warrant for

21 the arrest of each person charged with an offense directed to a

22 peace officer or some other person specifically named

23 commanding him to arrest such person.

24 (e) When the offense is bailable ~~eligible for pretrial~~

25 ~~release~~, the judge shall endorse on the warrant the amount of

26 bail ~~conditions of pretrial release~~ required by the order of

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1 the court, and if the court orders the process returnable

2 forthwith, the warrant shall require that the accused be

3 arrested and brought immediately into court.

4 (f) Where the prosecution of a felony is by information or

5 complaint after preliminary hearing, or after a waiver of

6 preliminary hearing in accordance with paragraph (a) of this

7 Section, such prosecution may be for all offenses, arising

8 from the same transaction or conduct of a defendant even

9 though the complaint or complaints filed at the preliminary

10 hearing charged only one or some of the offenses arising from

11 that transaction or conduct.

12 (Source: P.A. 101-652, eff. 1-1-23.)

13 (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)

14 Sec. 112A-23. Enforcement of protective orders.

15 (a) When violation is crime. A violation of any protective

16 order, whether issued in a civil, quasi-criminal proceeding or

17 by a military judge, shall be enforced by a criminal court

18 when:

19 (1) The respondent commits the crime of violation of a

20 domestic violence order of protection pursuant to Section

21 12-3.4 or 12-30 of the Criminal Code of 1961 or the

22 Criminal Code of 2012, by having knowingly violated:

23 (i) remedies described in paragraph (1), (2), (3),

24 (14), or (14.5) of subsection (b) of Section 112A-14

25 of this Code,

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1 (ii) a remedy, which is substantially similar to

2 the remedies authorized under paragraph (1), (2), (3),

3 (14), or (14.5) of subsection (b) of Section 214 of the

4 Illinois Domestic Violence Act of 1986, in a valid

5 order of protection, which is authorized under the

6 laws of another state, tribe, or United States

7 territory, or

8 (iii) any other remedy when the act constitutes a

9 crime against the protected parties as defined by the

10 Criminal Code of 1961 or the Criminal Code of 2012.

11 Prosecution for a violation of a domestic violence

12 order of protection shall not bar concurrent prosecution

13 for any other crime, including any crime that may have

14 been committed at the time of the violation of the

15 domestic violence order of protection; or

16 (2) The respondent commits the crime of child

17 abduction pursuant to Section 10-5 of the Criminal Code of

18 1961 or the Criminal Code of 2012, by having knowingly

19 violated:

20 (i) remedies described in paragraph (5), (6), or

21 (8) of subsection (b) of Section 112A-14 of this Code,

22 or

23 (ii) a remedy, which is substantially similar to

24 the remedies authorized under paragraph (1), (5), (6),

25 or (8) of subsection (b) of Section 214 of the Illinois

26 Domestic Violence Act of 1986, in a valid domestic

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1 violence order of protection, which is authorized

2 under the laws of another state, tribe, or United

3 States territory.

4 (3) The respondent commits the crime of violation of a

5 civil no contact order when the respondent violates

6 Section 12-3.8 of the Criminal Code of 2012. Prosecution

7 for a violation of a civil no contact order shall not bar

8 concurrent prosecution for any other crime, including any

9 crime that may have been committed at the time of the

10 violation of the civil no contact order.

11 (4) The respondent commits the crime of violation of a

12 stalking no contact order when the respondent violates

13 Section 12-3.9 of the Criminal Code of 2012. Prosecution

14 for a violation of a stalking no contact order shall not

15 bar concurrent prosecution for any other crime, including

16 any crime that may have been committed at the time of the

17 violation of the stalking no contact order.

18 (b) When violation is contempt of court. A violation of

19 any valid protective order, whether issued in a civil or

20 criminal proceeding or by a military judge, may be enforced

21 through civil or criminal contempt procedures, as appropriate,

22 by any court with jurisdiction, regardless where the act or

23 acts which violated the protective order were committed, to

24 the extent consistent with the venue provisions of this

25 Article. Nothing in this Article shall preclude any Illinois

26 court from enforcing any valid protective order issued in

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1 another state. Illinois courts may enforce protective orders

2 through both criminal prosecution and contempt proceedings,

3 unless the action which is second in time is barred by

4 collateral estoppel or the constitutional prohibition against

5 double jeopardy.

6 (1) In a contempt proceeding where the petition for a

7 rule to show cause sets forth facts evidencing an

8 immediate danger that the respondent will flee the

9 jurisdiction, conceal a child, or inflict physical abuse

10 on the petitioner or minor children or on dependent adults

11 in petitioner's care, the court may order the attachment

12 of the respondent without prior service of the rule to

13 show cause or the petition for a rule to show cause. Bond

14 shall be set unless specifically denied in writing.

15 (2) A petition for a rule to show cause for violation

16 of a protective order shall be treated as an expedited

17 proceeding.

18 (c) Violation of custody, allocation of parental

19 responsibility, or support orders. A violation of remedies

20 described in paragraph (5), (6), (8), or (9) of subsection (b)

21 of Section 112A-14 of this Code may be enforced by any remedy

22 provided by Section 607.5 of the Illinois Marriage and

23 Dissolution of Marriage Act. The court may enforce any order

24 for support issued under paragraph (12) of subsection (b) of

25 Section 112A-14 of this Code in the manner provided for under

26 Parts V and VII of the Illinois Marriage and Dissolution of

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1 Marriage Act.

2 (d) Actual knowledge. A protective order may be enforced

3 pursuant to this Section if the respondent violates the order

4 after the respondent has actual knowledge of its contents as

5 shown through one of the following means:

6 (1) (Blank).

7 (2) (Blank).

8 (3) By service of a protective order under subsection

9 (f) of Section 112A-17.5 or Section 112A-22 of this Code.

10 (4) By other means demonstrating actual knowledge of

11 the contents of the order.

12 (e) The enforcement of a protective order in civil or

13 criminal court shall not be affected by either of the

14 following:

15 (1) The existence of a separate, correlative order

16 entered under Section 112A-15 of this Code.

17 (2) Any finding or order entered in a conjoined

18 criminal proceeding.

19 (e-5) If a civil no contact order entered under subsection

20 (6) of Section 112A-20 of the Code of Criminal Procedure of

21 1963 conflicts with an order issued pursuant to the Juvenile

22 Court Act of 1987 or the Illinois Marriage and Dissolution of

23 Marriage Act, the conflicting order issued under subsection

24 (6) of Section 112A-20 of the Code of Criminal Procedure of

25 1963 shall be void.

26 (f) Circumstances. The court, when determining whether or

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1 not a violation of a protective order has occurred, shall not

2 require physical manifestations of abuse on the person of the

3 victim.

4 (g) Penalties.

5 (1) Except as provided in paragraph (3) of this

6 subsection (g), where the court finds the commission of a

7 crime or contempt of court under subsection (a) or (b) of

8 this Section, the penalty shall be the penalty that

9 generally applies in such criminal or contempt

10 proceedings, and may include one or more of the following:

11 incarceration, payment of restitution, a fine, payment of

12 attorneys' fees and costs, or community service.

13 (2) The court shall hear and take into account

14 evidence of any factors in aggravation or mitigation

15 before deciding an appropriate penalty under paragraph (1)

16 of this subsection (g).

17 (3) To the extent permitted by law, the court is

18 encouraged to:

19 (i) increase the penalty for the knowing violation

20 of any protective order over any penalty previously

21 imposed by any court for respondent's violation of any

22 protective order or penal statute involving petitioner

23 as victim and respondent as defendant;

24 (ii) impose a minimum penalty of 24 hours

25 imprisonment for respondent's first violation of any

26 protective order; and

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1 (iii) impose a minimum penalty of 48 hours

2 imprisonment for respondent's second or subsequent

3 violation of a protective order

4 unless the court explicitly finds that an increased

5 penalty or that period of imprisonment would be manifestly

6 unjust.

7 (4) In addition to any other penalties imposed for a

8 violation of a protective order, a criminal court may

9 consider evidence of any violations of a protective order:

10 (i) to increase, revoke, or modify the bail bond

11 ~~conditions of pretrial release~~ on an underlying

12 criminal charge pursuant to Section 110-6 of this

13 Code;

14 (ii) to revoke or modify an order of probation,

15 conditional discharge, or supervision, pursuant to

16 Section 5-6-4 of the Unified Code of Corrections;

17 (iii) to revoke or modify a sentence of periodic

18 imprisonment, pursuant to Section 5-7-2 of the Unified

19 Code of Corrections.

20 (Source: P.A. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21;

21 102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 103-407, eff.

22 7-28-23.)

23 (725 ILCS 5/113-3.1) (from Ch. 38, par. 113-3.1)

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

25 (a) Whenever under either Section 113-3 of this Code or

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1 Rule 607 of the Illinois Supreme Court the court appoints

2 counsel to represent a defendant, the court may order the

3 defendant to pay to the Clerk of the Circuit Court a reasonable

4 sum to reimburse either the county or the State for such

5 representation. In a hearing to determine the amount of the

6 payment, the court shall consider the affidavit prepared by

7 the defendant under Section 113-3 of this Code and any other

8 information pertaining to the defendant's financial

9 circumstances which may be submitted by the parties. Such

10 hearing shall be conducted on the court's own motion or on

11 motion of the prosecutor ~~State's Attorney~~ at any time after

12 the appointment of counsel but no later than 90 days after the

13 entry of a final order disposing of the case at the trial

14 level.

15 (b) Any sum ordered paid under this Section may not exceed

16 $500 for a defendant charged with a misdemeanor, $5,000 for a

17 defendant charged with a felony, or $2,500 for a defendant who

18 is appealing a conviction of any class offense.

19 (c) The method of any payment required under this Section

20 shall be as specified by the Court. The court may order that

21 payments be made on a monthly basis during the term of

22 representation; however, the sum deposited as money bond shall

23 not be used to satisfy this court order. ~~Any sum deposited as~~

24 ~~money bond with the Clerk of the Circuit Court under Section~~

25 ~~110-7 of this Code may be used in the court's discretion in~~

26 ~~whole or in part to comply with any payment order entered in~~

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1 ~~accordance with paragraph (a) of this Section. The court may~~

2 ~~give special consideration to the interests of relatives or~~

3 ~~other third parties who may have posted a money bond on the~~

4 ~~behalf of the defendant to secure his release.~~ At any time

5 prior to full payment of any payment order the court on its own

6 motion or the motion of any party may reduce, increase, or

7 suspend the ordered payment, or modify the method of payment,

8 as the interest of fairness may require. No increase,

9 suspension, or reduction may be ordered without a hearing and

10 notice to all parties.

11 (d) The Supreme Court or the circuit courts may provide by

12 rule for procedures for the enforcement of orders entered

13 under this Section. Such rules may provide for the assessment

14 of all costs, including attorneys' fees which are required for

15 the enforcement of orders entered under this Section when the

16 court in an enforcement proceeding has first found that the

17 defendant has willfully refused to pay. The Clerk of the

18 Circuit Court shall keep records and make reports to the court

19 concerning funds paid under this Section in whatever manner

20 the court directs.

21 (e) Whenever an order is entered under this Section for

22 the reimbursement of the State due to the appointment of the

23 State Appellate Defender as counsel on appeal, the order shall

24 provide that the Clerk of the Circuit Court shall retain all

25 funds paid pursuant to such order until the full amount of the

26 sum ordered to be paid by the defendant has been paid. When no

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1 balance remains due on such order, the Clerk of the Circuit

2 Court shall inform the court of this fact and the court shall

3 promptly order the Clerk of the Circuit Court to pay to the

4 State Treasurer all of the sum paid.

5 (f) The Clerk of the Circuit Court shall retain all funds

6 under this Section paid for the reimbursement of the county,

7 and shall inform the court when no balance remains due on an

8 order entered hereunder. The Clerk of the Circuit Court shall

9 make payments of funds collected under this Section to the

10 County Treasurer in whatever manner and at whatever point as

11 the court may direct, including payments made on a monthly

12 basis during the term of representation.

13 (g) A defendant who fails to obey any order of court

14 entered under this Section may be punished for contempt of

15 court. Any arrearage in payments may be reduced to judgment in

16 the court's discretion and collected by any means authorized

17 for the collection of money judgments under the law of this

18 State.

19 (Source: P.A. 102-1104, eff. 1-1-23.)

20 (725 ILCS 5/114-1) (from Ch. 38, par. 114-1)

21 Sec. 114-1. Motion to dismiss charge.

22 (a) Upon the written motion of the defendant made prior to

23 trial before or after a plea has been entered the court may

24 dismiss the indictment, information or complaint upon any of

25 the following grounds:

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1 (1) The defendant has not been placed on trial in

2 compliance with Section 103-5 of this Code.

3 (2) The prosecution of the offense is barred by

4 Sections 3-3 through 3-8 of the Criminal Code of 2012.

5 (3) The defendant has received immunity from

6 prosecution for the offense charged.

7 (4) The indictment was returned by a Grand Jury which

8 was improperly selected and which results in substantial

9 injustice to the defendant.

10 (5) The indictment was returned by a Grand Jury which

11 acted contrary to Article 112 of this Code and which

12 results in substantial injustice to the defendant.

13 (6) The court in which the charge has been filed does

14 not have jurisdiction.

15 (7) The county is an improper place of trial.

16 (8) The charge does not state an offense.

17 (9) The indictment is based solely upon the testimony

18 of an incompetent witness.

19 (10) The defendant is misnamed in the charge and the

20 misnomer results in substantial injustice to the

21 defendant.

22 (11) The requirements of Section 109-3.1 have not been

23 complied with.

24 (b) The court shall require any motion to dismiss to be

25 filed within a reasonable time after the defendant has been

26 arraigned. Any motion not filed within such time or an

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1 extension thereof shall not be considered by the court and the

2 grounds therefor, except as to subsections (a)(6) and (a)(8)

3 of this Section, are waived.

4 (c) If the motion presents only an issue of law the court

5 shall determine it without the necessity of further pleadings.

6 If the motion alleges facts not of record in the case the State

7 shall file an answer admitting or denying each of the factual

8 allegations of the motion.

9 (d) When an issue of fact is presented by a motion to

10 dismiss and the answer of the State the court shall conduct a

11 hearing and determine the issues.

12 (d-5) When a defendant seeks dismissal of the charge upon

13 the ground set forth in subsection (a)(7) of this Section, the

14 defendant shall make a prima facie showing that the county is

15 an improper place of trial. Upon such showing, the State shall

16 have the burden of proving, by a preponderance of the

17 evidence, that the county is the proper place of trial.

18 (d-6) When a defendant seeks dismissal of the charge upon

19 the grounds set forth in subsection (a)(2) of this Section,

20 the prosecution shall have the burden of proving, by a

21 preponderance of the evidence, that the prosecution of the

22 offense is not barred by Sections 3-3 through 3-8 of the

23 Criminal Code of 2012.

24 (e) Dismissal of the charge upon the grounds set forth in

25 subsections (a)(4) through (a)(11) of this Section shall not

26 prevent the return of a new indictment or the filing of a new

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1 charge, and upon such dismissal the court may order that the

2 defendant be held in custody or, if the defendant had been

3 previously released on bail ~~pretrial release~~, that the bail

4 ~~pretrial release~~ be continued for a specified time pending the

5 return of a new indictment or the filing of a new charge.

6 (f) If the court determines that the motion to dismiss

7 based upon the grounds set forth in subsections (a)(6) and

8 (a)(7) is well founded it may, instead of dismissal, order the

9 cause transferred to a court of competent jurisdiction or to a

10 proper place of trial.

11 (Source: P.A. 100-434, eff. 1-1-18; 101-652, eff. 1-1-23.)

12 (725 ILCS 5/115-4.1) (from Ch. 38, par. 115-4.1)

13 Sec. 115-4.1. Absence of defendant.

14 (a) When a defendant after arrest and an initial court

15 appearance for a non-capital felony or a misdemeanor, fails to

16 appear for trial, at the request of the State and after the

17 State has affirmatively proven through substantial evidence

18 that the defendant is willfully avoiding trial, the court may

19 commence trial in the absence of the defendant. Absence of a

20 defendant as specified in this Section shall not be a bar to

21 indictment of a defendant, return of information against a

22 defendant, or arraignment of a defendant for the charge for

23 which bail ~~pretrial release~~ has been granted. If a defendant

24 fails to appear at arraignment, the court may enter a plea of

25 "not guilty" on his behalf. If a defendant absents himself

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1 before trial on a capital felony, trial may proceed as

2 specified in this Section provided that the State certifies

3 that it will not seek a death sentence following conviction.

4 Trial in the defendant's absence shall be by jury unless the

5 defendant had previously waived trial by jury. The absent

6 defendant must be represented by retained or appointed

7 counsel. The court, at the conclusion of all of the

8 proceedings, may order the clerk of the circuit court to pay

9 counsel such sum as the court deems reasonable, from any bond

10 monies which were posted by the defendant with the clerk,

11 after the clerk has first deducted all court costs. If trial

12 had previously commenced in the presence of the defendant and

13 the defendant willfully absents himself for two successive

14 court days, the court shall proceed to trial. All procedural

15 rights guaranteed by the United States Constitution,

16 Constitution of the State of Illinois, statutes of the State

17 of Illinois, and rules of court shall apply to the proceedings

18 the same as if the defendant were present in court and had not

19 either forfeited his or her bail bond ~~had his or her pretrial~~

20 ~~release revoked~~ or escaped from custody. The court may set the

21 case for a trial which may be conducted under this Section

22 despite the failure of the defendant to appear at the hearing

23 at which the trial date is set. When such trial date is set the

24 clerk shall send to the defendant, by certified mail at his

25 last known address indicated on his bond slip, notice of the

26 new date which has been set for trial. Such notification shall

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1 be required when the defendant was not personally present in

2 open court at the time when the case was set for trial.

3 (b) The absence of a defendant from a trial conducted

4 pursuant to this Section does not operate as a bar to

5 concluding the trial, to a judgment of conviction resulting

6 therefrom, or to a final disposition of the trial in favor of

7 the defendant.

8 (c) Upon a verdict of not guilty, the court shall enter

9 judgment for the defendant. Upon a verdict of guilty, the

10 court shall set a date for the hearing of post-trial motions

11 and shall hear such motion in the absence of the defendant. If

12 post-trial motions are denied, the court shall proceed to

13 conduct a sentencing hearing and to impose a sentence upon the

14 defendant.

15 (d) A defendant who is absent for part of the proceedings

16 of trial, post-trial motions, or sentencing, does not thereby

17 forfeit his right to be present at all remaining proceedings.

18 (e) When a defendant who in his absence has been either

19 convicted or sentenced or both convicted and sentenced appears

20 before the court, he must be granted a new trial or new

21 sentencing hearing if the defendant can establish that his

22 failure to appear in court was both without his fault and due

23 to circumstances beyond his control. A hearing with notice to

24 the State's Attorney on the defendant's request for a new

25 trial or a new sentencing hearing must be held before any such

26 request may be granted. At any such hearing both the defendant

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1 and the State may present evidence.

2 (f) If the court grants only the defendant's request for a

3 new sentencing hearing, then a new sentencing hearing shall be

4 held in accordance with the provisions of the Unified Code of

5 Corrections. At any such hearing, both the defendant and the

6 State may offer evidence of the defendant's conduct during his

7 period of absence from the court. The court may impose any

8 sentence authorized by the Unified Code of Corrections and is

9 not in any way limited or restricted by any sentence

10 previously imposed.

11 (g) A defendant whose motion under paragraph (e) for a new

12 trial or new sentencing hearing has been denied may file a

13 notice of appeal therefrom. Such notice may also include a

14 request for review of the judgment and sentence not vacated by

15 the trial court.

16 (Source: P.A. 101-652, eff. 1-1-23.)

17 (725 ILCS 5/122-6) (from Ch. 38, par. 122-6)

18 Sec. 122-6. Disposition in trial court. The court may

19 receive proof by affidavits, depositions, oral testimony, or

20 other evidence. In its discretion the court may order the

21 petitioner brought before the court for the hearing. If the

22 court finds in favor of the petitioner, it shall enter an

23 appropriate order with respect to the judgment or sentence in

24 the former proceedings and such supplementary orders as to

25 rearraignment, retrial, custody, bail, ~~conditions of pretrial~~

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1 ~~release~~ or discharge as may be necessary and proper.

2 (Source: P.A. 101-652, eff. 1-1-23.)

3 (725 ILCS 5/102-10.5 rep.)

4 (725 ILCS 5/102-14.5 rep.)

5 (725 ILCS 5/110-6.6 rep.)

6 (725 ILCS 5/110-7.5 rep.)

7 (725 ILCS 5/110-1.5 rep.)

8 Section 255. The Code of Criminal Procedure of 1963 is

9 amended by repealing Sections 102-10.5, 102-14.5, 110-1.5

10 110-6.6, and 110-7.5.

11 Section 260. The Code of Criminal Procedure of 1963 is

12 amended by changing Sections 103-2 and 108-8 as follows:

13 (725 ILCS 5/103-2) (from Ch. 38, par. 103-2)

14 Sec. 103-2. Treatment while in custody.

15 (a) On being taken into custody every person shall have

16 the right to remain silent.

17 (b) No unlawful means of any kind shall be used to obtain a

18 statement, admission or confession from any person in custody.

19 (c) Persons in custody shall be treated humanely and

20 provided with proper food, shelter and, if required, medical

21 treatment ~~without unreasonable delay if the need for the~~

22 ~~treatment is apparent~~.

23 (Source: P.A. 101-652, eff. 7-1-21.)

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1 (725 ILCS 5/108-8) (from Ch. 38, par. 108-8)

2 Sec. 108-8. Use of force in execution of search warrant.

3 (a) All necessary and reasonable force may be used to

4 effect an entry into any building or property or part thereof

5 to execute a search warrant.

6 (b) The court issuing a warrant may authorize the officer

7 executing the warrant to make entry without first knocking and

8 announcing his or her office if it finds, based upon a showing

9 of specific facts, the existence of the following exigent

10 circumstances:

11 (1) That the officer reasonably believes that if

12 notice were given a weapon would be used:

13 (i) against the officer executing the search

14 warrant; or

15 (ii) against another person.

16 (2) That if notice were given there is an imminent

17 "danger" that evidence will be destroyed.

18 ~~(c) Prior to the issuing of a warrant under subsection~~

19 ~~(b), the officer must attest that:~~

20 ~~(1) prior to entering the location described in the~~

21 ~~search warrant, a supervising officer will ensure that~~

22 ~~each participating member is assigned a body worn camera~~

23 ~~and is following policies and procedures in accordance~~

24 ~~with Section 10-20 of the Law Enforcement Officer-Worn~~

25 ~~Body Camera Act; provided that the law enforcement agency~~

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1 ~~has implemented body worn camera in accordance with~~

2 ~~Section 10-15 of the Law Enforcement Officer-Worn Body~~

3 ~~Camera Act. If a law enforcement agency or each~~

4 ~~participating member of a multi-jurisdictional team has~~

5 ~~not implemented a body camera in accordance with Section~~

6 ~~10-15 of the Law Enforcement Officer-Worn Body Camera Act,~~

7 ~~the officer must attest that the interaction authorized by~~

8 ~~the warrant is otherwise recorded;~~

9 ~~(2) The supervising officer verified the subject~~

10 ~~address listed on the warrant for accuracy and planned for~~

11 ~~children or other vulnerable people on-site; and~~

12 ~~(3) if an officer becomes aware the search warrant was~~

13 ~~executed at an address, unit, or apartment different from~~

14 ~~the location listed on the search warrant, that member~~

15 ~~will immediately notify a supervisor who will ensure an~~

16 ~~internal investigation or formal inquiry ensues.~~

17 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)

18 Section 265. The Code of Criminal Procedure of 1963 is

19 amended by adding Sections 103-3.1, 110-4.1, 110-6.3-1,

20 110-6.5-1, 110-7.1, 110-8.1, 110-9.1, 110-13.1, 110-14.1,

21 110-15.1, 110-16.1, 110-17.1, and 110-18.1 and Article 110B as

22 follows:

23 (725 ILCS 5/103-3.1 new)

24 Sec. 103-3.1. Right to communicate with attorney and

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1 family; transfers.

2 (a) Persons who are arrested shall have the right to

3 communicate with an attorney of their choice and a member of

4 their family by making a reasonable number of telephone calls

5 or in any other reasonable manner. Such communication shall be

6 permitted within a reasonable time after arrival at the first

7 place of custody.

8 (b) In the event the accused is transferred to a new place

9 of custody his right to communicate with an attorney and a

10 member of his family is renewed.

11 (725 ILCS 5/110-4.1 new)

12 Sec. 110-4.1. Bailable offenses.

13 (a) All persons shall be bailable before conviction,

14 except the following offenses where the proof is evident or

15 the presumption great that the defendant is guilty of the

16 offense: capital offenses; offenses for which a sentence of

17 life imprisonment may be imposed as a consequence of

18 conviction; felony offenses for which a sentence of

19 imprisonment, without conditional and revocable release, shall

20 be imposed by law as a consequence of conviction, where the

21 court after a hearing, determines that the release of the

22 defendant would pose a real and present threat to the physical

23 safety of any person or persons; stalking or aggravated

24 stalking, where the court, after a hearing, determines that

25 the release of the defendant would pose a real and present

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1 threat to the physical safety of the alleged victim of the

2 offense and denial of bail is necessary to prevent fulfillment

3 of the threat upon which the charge is based; or unlawful use

4 of weapons in violation of item (4) of subsection (a) of

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

6 of 2012 when that offense occurred in a school or in any

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

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

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

10 property comprising any school, where the court, after a

11 hearing, determines that the release of the defendant would

12 pose a real and present threat to the physical safety of any

13 person and denial of bail is necessary to prevent fulfillment

14 of that threat; or making a terrorist threat in violation of

15 Section 29D-20 of the Criminal Code of 1961 or the Criminal

16 Code of 2012 or an attempt to commit the offense of making a

17 terrorist threat, where the court, after a hearing, determines

18 that the release of the defendant would pose a real and present

19 threat to the physical safety of any person and denial of bail

20 is necessary to prevent fulfillment of that threat.

21 (b) A person seeking release on bail who is charged with a

22 capital offense or an offense for which a sentence of life

23 imprisonment may be imposed shall not be bailable until a

24 hearing is held wherein such person has the burden of

25 demonstrating that the proof of his guilt is not evident and

26 the presumption is not great.

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1 (c) Where it is alleged that bail should be denied to a

2 person upon the grounds that the person presents a real and

3 present threat to the physical safety of any person or

4 persons, the burden of proof of such allegations shall be upon

5 the State.

6 (d) When it is alleged that bail should be denied to a

7 person charged with stalking or aggravated stalking upon the

8 grounds set forth in Section 110-6.3-1 of this Code, the

9 burden of proof of those allegations shall be upon the State.

10 (725 ILCS 5/110-6.3-1 new)

11 Sec. 110-6.3-1. Denial of bail in stalking and aggravated

12 stalking offenses.

13 (a) Upon verified petition by the State, the court shall

14 hold a hearing to determine whether bail should be denied to a

15 defendant who is charged with stalking or aggravated stalking,

16 when it is alleged that the defendant's admission to bail

17 poses a real and present threat to the physical safety of the

18 alleged victim of the offense, and denial of release on bail or

19 personal recognizance is necessary to prevent fulfillment of

20 the threat upon which the charge is based.

21 (1) A petition may be filed without prior notice to

22 the defendant at the first appearance before a judge, or

23 within 21 calendar days, except as provided in Section

24 110-6, after arrest and release of the defendant upon

25 reasonable notice to defendant; provided that while the

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1 petition is pending before the court, the defendant if

2 previously released shall not be detained.

3 (2) The hearing shall be held immediately upon the

4 defendant's appearance before the court, unless for good

5 cause shown the defendant or the State seeks a

6 continuance. A continuance on motion of the defendant may

7 not exceed 5 calendar days, and the defendant may be held

8 in custody during the continuance. A continuance on the

9 motion of the State may not exceed 3 calendar days;

10 however, the defendant may be held in custody during the

11 continuance under this provision if the defendant has been

12 previously found to have violated an order of protection

13 or has been previously convicted of, or granted court

14 supervision for, any of the offenses set forth in Sections

15 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-2,

16 12-3.05, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-7.3, 12-7.4,

17 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code

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

19 person as the alleged victim of the stalking or aggravated

20 stalking offense.

21 (b) The court may deny bail to the defendant when, after

22 the hearing, it is determined that:

23 (1) the proof is evident or the presumption great that

24 the defendant has committed the offense of stalking or

25 aggravated stalking; and

26 (2) the defendant poses a real and present threat to

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1 the physical safety of the alleged victim of the offense;

2 and

3 (3) the denial of release on bail or personal

4 recognizance is necessary to prevent fulfillment of the

5 threat upon which the charge is based; and

6 (4) the court finds that no condition or combination

7 of conditions set forth in subsection (b) of Section

8 110-10 of this Code, including mental health treatment at

9 a community mental health center, hospital, or facility of

10 the Department of Human Services, can reasonably assure

11 the physical safety of the alleged victim of the offense.

12 (c) Conduct of the hearings.

13 (1) The hearing on the defendant's culpability and

14 threat to the alleged victim of the offense shall be

15 conducted in accordance with the following provisions:

16 (A) Information used by the court in its findings

17 or stated in or offered at the hearing may be by way of

18 proffer based upon reliable information offered by the

19 State or by defendant. Defendant has the right to be

20 represented by counsel, and if he is indigent, to have

21 counsel appointed for him. Defendant shall have the

22 opportunity to testify, to present witnesses in his

23 own behalf, and to cross-examine witnesses if any are

24 called by the State. The defendant has the right to

25 present witnesses in his favor. When the ends of

26 justice so require, the court may exercise its

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1 discretion and compel the appearance of a complaining

2 witness. The court shall state on the record reasons

3 for granting a defense request to compel the presence

4 of a complaining witness. Cross-examination of a

5 complaining witness at the pretrial detention hearing

6 for the purpose of impeaching the witness' credibility

7 is insufficient reason to compel the presence of the

8 witness. In deciding whether to compel the appearance

9 of a complaining witness, the court shall be

10 considerate of the emotional and physical well-being

11 of the witness. The pretrial detention hearing is not

12 to be used for the purposes of discovery, and the post

13 arraignment rules of discovery do not apply. The State

14 shall tender to the defendant, prior to the hearing,

15 copies of defendant's criminal history, if any, if

16 available, and any written or recorded statements and

17 the substance of any oral statements made by any

18 person, if relied upon by the State. The rules

19 concerning the admissibility of evidence in criminal

20 trials do not apply to the presentation and

21 consideration of information at the hearing. At the

22 trial concerning the offense for which the hearing was

23 conducted neither the finding of the court nor any

24 transcript or other record of the hearing shall be

25 admissible in the State's case in chief, but shall be

26 admissible for impeachment, or as provided in Section

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1 115-10.1 of this Code, or in a perjury proceeding.

2 (B) A motion by the defendant to suppress evidence

3 or to suppress a confession shall not be entertained.

4 Evidence that proof may have been obtained as the

5 result of an unlawful search and seizure or through

6 improper interrogation is not relevant to this state

7 of the prosecution.

8 (2) The facts relied upon by the court to support a

9 finding that:

10 (A) the defendant poses a real and present threat

11 to the physical safety of the alleged victim of the

12 offense; and

13 (B) the denial of release on bail or personal

14 recognizance is necessary to prevent fulfillment of

15 the threat upon which the charge is based;

16 shall be supported by clear and convincing evidence

17 presented by the State.

18 (d) Factors to be considered in making a determination of

19 the threat to the alleged victim of the offense. The court may,

20 in determining whether the defendant poses, at the time of the

21 hearing, a real and present threat to the physical safety of

22 the alleged victim of the offense, consider but shall not be

23 limited to evidence or testimony concerning:

24 (1) The nature and circumstances of the offense

25 charged;

26 (2) The history and characteristics of the defendant

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1 including:

2 (A) Any evidence of the defendant's prior criminal

3 history indicative of violent, abusive or assaultive

4 behavior, or lack of that behavior. The evidence may

5 include testimony or documents received in juvenile

6 proceedings, criminal, quasi-criminal, civil

7 commitment, domestic relations or other proceedings;

8 (B) Any evidence of the defendant's psychological,

9 psychiatric or other similar social history that tends

10 to indicate a violent, abusive, or assaultive nature,

11 or lack of any such history.

12 (3) The nature of the threat which is the basis of the

13 charge against the defendant;

14 (4) Any statements made by, or attributed to the

15 defendant, together with the circumstances surrounding

16 them;

17 (5) The age and physical condition of any person

18 assaulted by the defendant;

19 (6) Whether the defendant is known to possess or have

20 access to any weapon or weapons;

21 (7) Whether, at the time of the current offense or any

22 other offense or arrest, the defendant was on probation,

23 parole, aftercare release, mandatory supervised release or

24 other release from custody pending trial, sentencing,

25 appeal or completion of sentence for an offense under

26 federal or state law;

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1 (8) Any other factors, including those listed in

2 Section 110-5 of this Code, deemed by the court to have a

3 reasonable bearing upon the defendant's propensity or

4 reputation for violent, abusive or assaultive behavior, or

5 lack of that behavior.

6 (e) The court shall, in any order denying bail to a person

7 charged with stalking or aggravated stalking:

8 (1) briefly summarize the evidence of the defendant's

9 culpability and its reasons for concluding that the

10 defendant should be held without bail;

11 (2) direct that the defendant be committed to the

12 custody of the sheriff for confinement in the county jail

13 pending trial;

14 (3) direct that the defendant be given a reasonable

15 opportunity for private consultation with counsel, and for

16 communication with others of his choice by visitation,

17 mail and telephone; and

18 (4) direct that the sheriff deliver the defendant as

19 required for appearances in connection with court

20 proceedings.

21 (f) If the court enters an order for the detention of the

22 defendant under subsection (e) of this Section, the defendant

23 shall be brought to trial on the offense for which he is

24 detained within 90 days after the date on which the order for

25 detention was entered. If the defendant is not brought to

26 trial within the 90 day period required by this subsection

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1 (f), he shall not be held longer without bail. In computing the

2 90 day period, the court shall omit any period of delay

3 resulting from a continuance granted at the request of the

4 defendant. The court shall immediately notify the alleged

5 victim of the offense that the defendant has been admitted to

6 bail under this subsection.

7 (g) Any person shall be entitled to appeal any order

8 entered under this Section denying bail to the defendant.

9 (h) The State may appeal any order entered under this

10 Section denying any motion for denial of bail.

11 (i) Nothing in this Section shall be construed as

12 modifying or limiting in any way the defendant's presumption

13 of innocence in further criminal proceedings.

14 (725 ILCS 5/110-6.5-1 new)

15 Sec. 110-6.5-1. Drug testing program.

16 (a) The Chief Judge of the circuit may establish a drug

17 testing program as provided by this Section in any county in

18 the circuit if the county board has approved the establishment

19 of the program and the county probation department or pretrial

20 services agency has consented to administer it. The drug

21 testing program shall be conducted under the following

22 provisions:

23 (a-1) The court, in the case of a defendant charged with a

24 felony offense or any offense involving the possession or

25 delivery of cannabis or a controlled substance, shall:

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1 (1) not consider the release of the defendant on his

2 or her own recognizance, unless the defendant consents to

3 periodic drug testing during the period of release on his

4 or her own recognizance, in accordance with this Section;

5 (2) consider the consent of the defendant to periodic

6 drug testing during the period of release on bail in

7 accordance with this Section as a favorable factor for the

8 defendant in determining the amount of bail, the

9 conditions of release or in considering the defendant's

10 motion to reduce the amount of bail.

11 (b) The drug testing shall be conducted by the pretrial

12 services agency or under the direction of the probation

13 department when a pretrial services agency does not exist in

14 accordance with this Section.

15 (c) A defendant who consents to periodic drug testing as

16 set forth in this Section shall sign an agreement with the

17 court that, during the period of release, the defendant shall

18 refrain from using illegal drugs and that the defendant will

19 comply with the conditions of the testing program. The

20 agreement shall be on a form prescribed by the court and shall

21 be executed at the time of the bail hearing. This agreement

22 shall be made a specific condition of bail.

23 (d) The drug testing program shall be conducted as

24 follows:

25 (1) The testing shall be done by urinalysis for the

26 detection of phencyclidine, heroin, cocaine, methadone and

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1 amphetamines.

2 (2) The collection of samples shall be performed under

3 reasonable and sanitary conditions.

4 (3) Samples shall be collected and tested with due

5 regard for the privacy of the individual being tested and

6 in a manner reasonably calculated to prevent substitutions

7 or interference with the collection or testing of reliable

8 samples.

9 (4) Sample collection shall be documented, and the

10 documentation procedures shall include:

11 (i) Labeling of samples so as to reasonably

12 preclude the probability of erroneous identification

13 of test results; and

14 (ii) An opportunity for the defendant to provide

15 information on the identification of prescription or

16 nonprescription drugs used in connection with a

17 medical condition.

18 (5) Sample collection, storage, and transportation to

19 the place of testing shall be performed so as to

20 reasonably preclude the probability of sample

21 contamination or adulteration.

22 (6) Sample testing shall conform to scientifically

23 accepted analytical methods and procedures. Testing shall

24 include verification or confirmation of any positive test

25 result by a reliable analytical method before the result

26 of any test may be used as a basis for any action by the

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1 court.

2 (e) The initial sample shall be collected before the

3 defendant's release on bail. Thereafter, the defendant shall

4 report to the pretrial services agency or probation department

5 as required by the agency or department. The pretrial services

6 agency or probation department shall immediately notify the

7 court of any defendant who fails to report for testing.

8 (f) After the initial test, a subsequent confirmed

9 positive test result indicative of continued drug use shall

10 result in the following:

11 (1) Upon the first confirmed positive test result, the

12 pretrial services agency or probation department, shall

13 place the defendant on a more frequent testing schedule

14 and shall warn the defendant of the consequences of

15 continued drug use.

16 (2) A second confirmed positive test result shall be

17 grounds for a hearing before the judge who authorized the

18 release of the defendant in accordance with the provisions

19 of subsection (g) of this Section.

20 (g) The court shall, upon motion of the State or upon its

21 own motion, conduct a hearing in connection with any defendant

22 who fails to appear for testing, fails to cooperate with the

23 persons conducting the testing program, attempts to submit a

24 sample not his or her own or has had a confirmed positive test

25 result indicative of continued drug use for the second or

26 subsequent time after the initial test. The hearing shall be

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1 conducted in accordance with the procedures of Section 110-6.

2 Upon a finding by the court that the State has established

3 by clear and convincing evidence that the defendant has

4 violated the drug testing conditions of bail, the court may

5 consider any of the following sanctions:

6 (1) increase the amount of the defendant's bail or

7 conditions of release;

8 (2) impose a jail sentence of up to 5 days;

9 (3) revoke the defendant's bail; or

10 (4) enter such other orders which are within the power

11 of the court as deemed appropriate.

12 (h) The results of any drug testing conducted under this

13 Section shall not be admissible on the issue of the

14 defendant's guilt in connection with any criminal charge.

15 (i) The court may require that the defendant pay for the

16 cost of drug testing.

17 (725 ILCS 5/110-7.1 new)

18 Sec. 110-7.1. Deposit of bail security.

19 (a) The person for whom bail has been set shall execute the

20 bail bond and deposit with the clerk of the court before which

21 the proceeding is pending a sum of money equal to 10% of the

22 bail, but in no event shall such deposit be less than $25. The

23 clerk of the court shall provide a space on each form for a

24 person other than the accused who has provided the money for

25 the posting of bail to so indicate and a space signed by an

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1 accused who has executed the bail bond indicating whether a

2 person other than the accused has provided the money for the

3 posting of bail. The form shall also include a written notice

4 to such person who has provided the defendant with the money

5 for the posting of bail indicating that the bail may be used to

6 pay costs, attorney's fees, fines, or other purposes

7 authorized by the court and if the defendant fails to comply

8 with the conditions of the bail bond, the court shall enter an

9 order declaring the bail to be forfeited. The written notice

10 must be: (1) distinguishable from the surrounding text; (2) in

11 bold type or underscored; and (3) in a type size at least 2

12 points larger than the surrounding type. When a person for

13 whom bail has been set is charged with an offense under the

14 Illinois Controlled Substances Act or the Methamphetamine

15 Control and Community Protection Act which is a Class X

16 felony, or making a terrorist threat in violation of Section

17 29D-20 of the Criminal Code of 1961 or the Criminal Code of

18 2012 or an attempt to commit the offense of making a terrorist

19 threat, the court may require the defendant to deposit a sum

20 equal to 100% of the bail. Where any person is charged with a

21 forcible felony while free on bail and is the subject of

22 proceedings under Section 109-3 of this Code the judge

23 conducting the preliminary examination may also conduct a

24 hearing upon the application of the State pursuant to the

25 provisions of Section 110-6 of this Code to increase or revoke

26 the bail for that person's prior alleged offense.

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1 (b) Upon depositing this sum and any bond fee authorized

2 by law, the person shall be released from custody subject to

3 the conditions of the bail bond.

4 (c) Once bail has been given and a charge is pending or is

5 thereafter filed in or transferred to a court of competent

6 jurisdiction the latter court shall continue the original bail

7 in that court subject to the provisions of Section 110-6 of

8 this Code.

9 (d) After conviction the court may order that the original

10 bail stand as bail pending appeal or deny, increase or reduce

11 bail subject to the provisions of Section 110-6.2.

12 (e) After the entry of an order by the trial court allowing

13 or denying bail pending appeal either party may apply to the

14 reviewing court having jurisdiction or to a justice thereof

15 sitting in vacation for an order increasing or decreasing the

16 amount of bail or allowing or denying bail pending appeal

17 subject to the provisions of Section 110-6.2.

18 (f) When the conditions of the bail bond have been

19 performed and the accused has been discharged from all

20 obligations in the cause the clerk of the court shall return to

21 the accused or to the defendant's designee by an assignment

22 executed at the time the bail amount is deposited, unless the

23 court orders otherwise, 90% of the sum which had been

24 deposited and shall retain as bail bond costs 10% of the amount

25 deposited. However, in no event shall the amount retained by

26 the clerk as bail bond costs be less than $5. Notwithstanding

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1 the foregoing, in counties with a population of 3,000,000 or

2 more, in no event shall the amount retained by the clerk as

3 bail bond costs exceed $100. Bail bond deposited by or on

4 behalf of a defendant in one case may be used, in the court's

5 discretion, to satisfy financial obligations of that same

6 defendant incurred in a different case due to a fine, court

7 costs, restitution or fees of the defendant's attorney of

8 record. In counties with a population of 3,000,000 or more,

9 the court shall not order bail bond deposited by or on behalf

10 of a defendant in one case to be used to satisfy financial

11 obligations of that same defendant in a different case until

12 the bail bond is first used to satisfy court costs and

13 attorney's fees in the case in which the bail bond has been

14 deposited and any other unpaid child support obligations are

15 satisfied. In counties with a population of less than

16 3,000,000, the court shall not order bail bond deposited by or

17 on behalf of a defendant in one case to be used to satisfy

18 financial obligations of that same defendant in a different

19 case until the bail bond is first used to satisfy court costs

20 in the case in which the bail bond has been deposited.

21 At the request of the defendant the court may order such

22 90% of defendant's bail deposit, or whatever amount is

23 repayable to defendant from such deposit, to be paid to

24 defendant's attorney of record.

25 (g) If the accused does not comply with the conditions of

26 the bail bond the court having jurisdiction shall enter an

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1 order declaring the bail to be forfeited. Notice of such order

2 of forfeiture shall be mailed forthwith to the accused at his

3 last known address. If the accused does not appear and

4 surrender to the court having jurisdiction within 30 days from

5 the date of the forfeiture or within such period satisfy the

6 court that appearance and surrender by the accused is

7 impossible and without his fault the court shall enter

8 judgment for the State if the charge for which the bond was

9 given was a felony or misdemeanor, or if the charge was

10 quasi-criminal or traffic, judgment for the political

11 subdivision of the State which prosecuted the case, against

12 the accused for the amount of the bail and costs of the court

13 proceedings; however, in counties with a population of less

14 than 3,000,000, instead of the court entering a judgment for

15 the full amount of the bond the court may, in its discretion,

16 enter judgment for the cash deposit on the bond, less costs,

17 retain the deposit for further disposition or, if a cash bond

18 was posted for failure to appear in a matter involving

19 enforcement of child support or maintenance, the amount of the

20 cash deposit on the bond, less outstanding costs, may be

21 awarded to the person or entity to whom the child support or

22 maintenance is due. The deposit made in accordance with

23 paragraph (a) shall be applied to the payment of costs. If

24 judgment is entered and any amount of such deposit remains

25 after the payment of costs it shall be applied to payment of

26 the judgment and transferred to the treasury of the municipal

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1 corporation wherein the bond was taken if the offense was a

2 violation of any penal ordinance of a political subdivision of

3 this State, or to the treasury of the county wherein the bond

4 was taken if the offense was a violation of any penal statute

5 of this State. The balance of the judgment may be enforced and

6 collected in the same manner as a judgment entered in a civil

7 action.

8 (h) After a judgment for a fine and court costs or either

9 is entered in the prosecution of a cause in which a deposit had

10 been made in accordance with paragraph (a) the balance of such

11 deposit, after deduction of bail bond costs, shall be applied

12 to the payment of the judgment.

13 (i) When a court appearance is required for an alleged

14 violation of the Criminal Code of 1961, the Criminal Code of

15 2012, the Illinois Vehicle Code, the Wildlife Code, the Fish

16 and Aquatic Life Code, the Child Passenger Protection Act, or

17 a comparable offense of a unit of local government as

18 specified in Supreme Court Rule 551, and if the accused does

19 not appear in court on the date set for appearance or any date

20 to which the case may be continued and the court issues an

21 arrest warrant for the accused, based upon his or her failure

22 to appear when having so previously been ordered to appear by

23 the court, the accused upon his or her admission to bail shall

24 be assessed by the court a fee of $75. Payment of the fee shall

25 be a condition of release unless otherwise ordered by the

26 court. The fee shall be in addition to any bail that the

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1 accused is required to deposit for the offense for which the

2 accused has been charged and may not be used for the payment of

3 court costs or fines assessed for the offense. The clerk of the

4 court shall remit $70 of the fee assessed to the arresting

5 agency who brings the offender in on the arrest warrant. If the

6 Department of State Police is the arresting agency, $70 of the

7 fee assessed shall be remitted by the clerk of the court to the

8 State Treasurer within one month after receipt for deposit

9 into the State Police Operations Assistance Fund. The clerk of

10 the court shall remit $5 of the fee assessed to the Circuit

11 Court Clerk Operation and Administrative Fund as provided in

12 Section 27.3d of the Clerks of Courts Act.

13 (725 ILCS 5/110-8.1 new)

14 Sec. 110-8.1. Cash, stocks, bonds and real estate as

15 security for bail.

16 (a) In lieu of the bail deposit provided for in Section

17 110-7.1 of this Code any person for whom bail has been set may

18 execute the bail bond with or without sureties which bond may

19 be secured:

20 (1) By a deposit, with the clerk of the court, of an amount

21 equal to the required bail, of cash, or stocks and bonds in

22 which trustees are authorized to invest trust funds under the

23 laws of this State; or

24 (2) By real estate situated in this State with

25 unencumbered equity not exempt owned by the accused or

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1 sureties worth double the amount of bail set in the bond.

2 (b) If the bail bond is secured by stocks and bonds the

3 accused or sureties shall file with the bond a sworn schedule

4 which shall be approved by the court and shall contain:

5 (1) A list of the stocks and bonds deposited

6 describing each in sufficient detail that it may be

7 identified;

8 (2) The market value of each stock and bond;

9 (3) The total market value of the stocks and bonds

10 listed;

11 (4) A statement that the affiant is the sole owner of

12 the stocks and bonds listed and they are not exempt from

13 the enforcement of a judgment thereon;

14 (5) A statement that such stocks and bonds have not

15 previously been used or accepted as bail in this State

16 during the 12 months preceding the date of the bail bond;

17 and

18 (6) A statement that such stocks and bonds are

19 security for the appearance of the accused in accordance

20 with the conditions of the bail bond.

21 (c) If the bail bond is secured by real estate the accused

22 or sureties shall file with the bond a sworn schedule which

23 shall contain:

24 (1) A legal description of the real estate;

25 (2) A description of any and all encumbrances on the

26 real estate including the amount of each and the holder

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1 thereof;

2 (3) The market value of the unencumbered equity owned

3 by the affiant;

4 (4) A statement that the affiant is the sole owner of

5 such unencumbered equity and that it is not exempt from

6 the enforcement of a judgment thereon;

7 (5) A statement that the real estate has not

8 previously been used or accepted as bail in this State

9 during the 12 months preceding the date of the bail bond;

10 and

11 (6) A statement that the real estate is security for

12 the appearance of the accused in accordance with the

13 conditions of the bail bond.

14 (d) The sworn schedule shall constitute a material part of

15 the bail bond. The affiant commits perjury if in the sworn

16 schedule he makes a false statement which he does not believe

17 to be true. He shall be prosecuted and punished accordingly,

18 or, he may be punished for contempt.

19 (e) A certified copy of the bail bond and schedule of real

20 estate shall be filed immediately in the office of the

21 registrar of titles or recorder of the county in which the real

22 estate is situated and the State shall have a lien on such real

23 estate from the time such copies are filed in the office of the

24 registrar of titles or recorder. The registrar of titles or

25 recorder shall enter, index and record (or register as the

26 case may be) such bail bonds and schedules without requiring

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1 any advance fee, which fee shall be taxed as costs in the

2 proceeding and paid out of such costs when collected.

3 (f) When the conditions of the bail bond have been

4 performed and the accused has been discharged from his

5 obligations in the cause, the clerk of the court shall return

6 to him or his sureties the deposit of any cash, stocks or

7 bonds. If the bail bond has been secured by real estate the

8 clerk of the court shall forthwith notify in writing the

9 registrar of titles or recorder and the lien of the bail bond

10 on the real estate shall be discharged.

11 (g) If the accused does not comply with the conditions of

12 the bail bond the court having jurisdiction shall enter an

13 order declaring the bail to be forfeited. Notice of such order

14 of forfeiture shall be mailed forthwith by the clerk of the

15 court to the accused and his sureties at their last known

16 address. If the accused does not appear and surrender to the

17 court having jurisdiction within 30 days from the date of the

18 forfeiture or within such period satisfy the court that

19 appearance and surrender by the accused is impossible and

20 without his fault the court shall enter judgment for the State

21 against the accused and his sureties for the amount of the bail

22 and costs of the proceedings; however, in counties with a

23 population of less than 3,000,000, if the defendant has posted

24 a cash bond, instead of the court entering a judgment for the

25 full amount of the bond the court may, in its discretion, enter

26 judgment for the cash deposit on the bond, less costs, retain

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1 the deposit for further disposition or, if a cash bond was

2 posted for failure to appear in a matter involving enforcement

3 of child support or maintenance, the amount of the cash

4 deposit on the bond, less outstanding costs, may be awarded to

5 the person or entity to whom the child support or maintenance

6 is due.

7 (h) When judgment is entered in favor of the State on any

8 bail bond given for a felony or misdemeanor, or judgment for a

9 political subdivision of the state on any bail bond given for a

10 quasi-criminal or traffic offense, the State's Attorney or

11 political subdivision's attorney shall forthwith obtain a

12 certified copy of the judgment and deliver same to the sheriff

13 to be enforced by levy on the stocks or bonds deposited with

14 the clerk of the court and the real estate described in the

15 bail bond schedule. Any cash forfeited under subsection (g) of

16 this Section shall be used to satisfy the judgment and costs

17 and, without necessity of levy, ordered paid into the treasury

18 of the municipal corporation wherein the bail bond was taken

19 if the offense was a violation of any penal ordinance of a

20 political subdivision of this State, or into the treasury of

21 the county wherein the bail bond was taken if the offense was a

22 violation of any penal statute of this State, or to the person

23 or entity to whom child support or maintenance is owed if the

24 bond was taken for failure to appear in a matter involving

25 child support or maintenance. The stocks, bonds and real

26 estate shall be sold in the same manner as in sales for the

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1 enforcement of a judgment in civil actions and the proceeds of

2 such sale shall be used to satisfy all court costs, prior

3 encumbrances, if any, and from the balance a sufficient amount

4 to satisfy the judgment shall be paid into the treasury of the

5 municipal corporation wherein the bail bond was taken if the

6 offense was a violation of any penal ordinance of a political

7 subdivision of this State, or into the treasury of the county

8 wherein the bail bond was taken if the offense was a violation

9 of any penal statute of this State. The balance shall be

10 returned to the owner. The real estate so sold may be redeemed

11 in the same manner as real estate may be redeemed after

12 judicial sales or sales for the enforcement of judgments in

13 civil actions.

14 (i) No stocks, bonds or real estate may be used or accepted

15 as bail bond security in this State more than once in any 12

16 month period.

17 (725 ILCS 5/110-9.1 new)

18 Sec. 110-9.1. Taking of bail by peace officer. When bail

19 has been set by a judicial officer for a particular offense or

20 offender any sheriff or other peace officer may take bail in

21 accordance with the provisions of Section 110-7.1 or 110-8.1

22 of this Code and release the offender to appear in accordance

23 with the conditions of the bail bond, the Notice to Appear or

24 the Summons. The officer shall give a receipt to the offender

25 for the bail so taken and within a reasonable time deposit such

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1 bail with the clerk of the court having jurisdiction of the

2 offense. A sheriff or other peace officer taking bail in

3 accordance with the provisions of Section 110-7.1 or 110-8.1

4 of this Code shall accept payments made in the form of

5 currency, and may accept other forms of payment as the sheriff

6 shall by rule authorize. For purposes of this Section,

7 "currency" has the meaning provided in subsection (a) of

8 Section 3 of the Currency Reporting Act.

9 (725 ILCS 5/110-13.1 new)

10 Sec. 110-13.1. Persons prohibited from furnishing bail

11 security. No attorney at law practicing in this State and no

12 official authorized to admit another to bail or to accept bail

13 shall furnish any part of any security for bail in any criminal

14 action or any proceeding nor shall any such person act as

15 surety for any accused admitted to bail.

16 (725 ILCS 5/110-14.1 new)

17 Sec. 110-14.1. Credit for incarceration on bailable

18 offense; credit against monetary bail for certain offenses.

19 (a) Any person incarcerated on a bailable offense who does

20 not supply bail and against whom a fine is levied on conviction

21 of the offense shall be allowed a credit of $30 for each day so

22 incarcerated upon application of the defendant. However, in no

23 case shall the amount so allowed or credited exceed the amount

24 of the fine.

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1 (b) Subsection (a) does not apply to a person incarcerated

2 for sexual assault as defined in paragraph (1) of subsection

3 (a) of Section 5-9-1.7 of the Unified Code of Corrections.

4 (c) A person subject to bail on a Category B offense,

5 before January 1, 2023, shall have $30 deducted from his or her

6 10% cash bond amount every day the person is incarcerated. The

7 sheriff shall calculate and apply this $30 per day reduction

8 and send notice to the circuit clerk if a defendant's 10% cash

9 bond amount is reduced to $0, at which point the defendant

10 shall be released upon his or her own recognizance.

11 (d) The court may deny the incarceration credit in

12 subsection (c) of this Section if the person has failed to

13 appear as required before the court and is incarcerated based

14 on a warrant for failure to appear on the same original

15 criminal offense.

16 (725 ILCS 5/110-15.1 new)

17 Sec. 110-15.1. Applicability of provisions for giving and

18 taking bail. The provisions of Sections 110-7.1 and 110-8.1 of

19 this Code are exclusive of other provisions of law for the

20 giving, taking, or enforcement of bail. In all cases where a

21 person is admitted to bail the provisions of Sections 110-7.1

22 and 110-8.1 of this Code shall be applicable.

23 However, the Supreme Court may, by rule or order,

24 prescribe a uniform schedule of amounts of bail in all but

25 felony offenses. The uniform schedule shall not require a

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1 person cited for violating the Illinois Vehicle Code or a

2 similar provision of a local ordinance for which a violation

3 is a petty offense as defined by Section 5-1-17 of the Unified

4 Code of Corrections, excluding business offenses as defined by

5 Section 5-1-2 of the Unified Code of Corrections or a

6 violation of Section 15-111 or subsection (d) of Section 3-401

7 of the Illinois Vehicle Code, to post bond to secure bail for

8 his or her release. Such uniform schedule may provide that the

9 cash deposit provisions of Section 110-7.1 shall not apply to

10 bail amounts established for alleged violations punishable by

11 fine alone, and the schedule may further provide that in

12 specified traffic cases a valid Illinois chauffeur's or

13 operator's license must be deposited, in addition to 10% of

14 the amount of the bail specified in the schedule.

15 (725 ILCS 5/110-16.1 new)

16 Sec. 110-16.1. Bail bond-forfeiture in same case or

17 absents self during trial-not bailable. If a person admitted

18 to bail on a felony charge forfeits his bond and fails to

19 appear in court during the 30 days immediately after such

20 forfeiture, on being taken into custody thereafter he shall

21 not be bailable in the case in question, unless the court finds

22 that his absence was not for the purpose of obstructing

23 justice or avoiding prosecution.

24 (725 ILCS 5/110-17.1 new)

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1 Sec. 110-17.1. Unclaimed bail deposits. Any sum of money

2 deposited by any person to secure his or her release from

3 custody which remains unclaimed by the person entitled to its

4 return for 3 years after the conditions of the bail bond have

5 been performed and the accused has been discharged from all

6 obligations in the cause shall be presumed to be abandoned and

7 subject to disposition under the Revised Uniform Unclaimed

8 Property Act.

9 (725 ILCS 5/110-18.1 new)

10 Sec. 110-18.1. Reimbursement. The sheriff of each county

11 shall certify to the treasurer of each county the number of

12 days that persons had been detained in the custody of the

13 sheriff without a bond being set as a result of an order

14 entered pursuant to Section 110-6.1 of this Code. The county

15 treasurer shall, no later than January 1, annually certify to

16 the Supreme Court the number of days that persons had been

17 detained without bond during the twelve-month period ending

18 November 30. The Supreme Court shall reimburse, from funds

19 appropriated to it by the General Assembly for such purposes,

20 the treasurer of each county an amount of money for deposit in

21 the county general revenue fund at a rate of $50 per day for

22 each day that persons were detained in custody without bail as

23 a result of an order entered pursuant to Section 110-6.1 of

24 this Code.

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1 (725 ILCS 5/Art. 110B heading new)

2 ARTICLE 110B. PEACE BONDS

3 (725 ILCS 5/110B-5 new)

4 Sec. 110B-5. Courts as conservators of the peace. All

5 courts are conservators of the peace, shall cause to be kept

6 all laws made for the preservation of the peace, and may

7 require persons to give security to keep the peace or for their

8 good behavior, or both, as provided by this Article.

9 (725 ILCS 5/110B-10 new)

10 Sec. 110B-10. Complaints. When complaint is made to a

11 judge that a person has threatened or is about to commit an

12 offense against the person or property of another, the court

13 shall examine on oath the complaint, and any witness who may be

14 produced, and reduce the complaint to writing, and cause it to

15 be subscribed and sworn to by the complainant.

16 The complaint may be issued electronically or

17 electromagnetically by use of a facsimile transmission

18 machine, and that complaint has the same validity as a written

19 complaint.

20 (725 ILCS 5/110B-15 new)

21 Sec. 110B-15. Warrants. If the court is satisfied that

22 there is danger that an offense will be committed, the court

23 shall issue a warrant requiring the proper officer to whom it

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1 is directed forthwith to apprehend the person complained of

2 and bring him or her before the court having jurisdiction in

3 the premises.

4 The warrant may be issued electronically or

5 electromagnetically by use of a facsimile transmission

6 machine, and that warrant has the same validity as a written

7 warrant.

8 (725 ILCS 5/110B-20 new)

9 Sec. 110B-20. Hearing. When the person complained of is

10 brought before the court if the charge is controverted, the

11 testimony produced on behalf of the plaintiff and defendant

12 shall be heard.

13 (725 ILCS 5/110B-25 new)

14 Sec. 110B-25. Malicious prosecution; costs. If it appears

15 that there is no just reason to fear the commission of the

16 offense, the defendant shall be discharged. If the court is of

17 the opinion that the prosecution was commenced maliciously

18 without probable cause, the court may enter judgment against

19 the complainant for the costs of the prosecution.

20 (725 ILCS 5/110B-30 new)

21 Sec. 110B-30. Recognizance. If there is just reason to

22 fear the commission of an offense, the defendant shall be

23 required to give a recognizance, with sufficient security, in

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1 the sum as the court may direct, to keep the peace towards all

2 people of this State, and especially towards the person

3 against whom or whose property there is reason to fear the

4 offense may be committed, for such time, not exceeding 12

5 months, as the court may order. But he or she shall not be

6 bound over to the next court unless he or she is also charged

7 with some other offense for which he or she ought to be held to

8 answer at the court.

9 (725 ILCS 5/110B-35 new)

10 Sec. 110B-35. Refusal to give recognizance. If the person

11 so ordered to recognize complies with the order, he or she

12 shall be discharged; but if he or she refuses or neglects, the

13 court shall commit him or her to jail during the period for

14 which he or she was required to give security, or until he or

15 she so recognizes, stating in the warrant the cause of

16 commitment, with the sum and time for which the security was

17 required.

18 (725 ILCS 5/110B-40 new)

19 Sec. 110B-40. Costs of prosecution. When a person is

20 required to give security to keep the peace, or for his or her

21 good behavior, the court may further order that the costs of

22 the prosecution, or any part of the costs, shall be paid by

23 that person, who shall stand committed until the costs are

24 paid or he or she is otherwise legally discharged.

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1 (725 ILCS 5/110B-45 new)

2 Sec. 110B-45. Discharge upon giving recognizance. A person

3 committed for not finding sureties, or refusing to recognize

4 as required by the court, may be discharged on giving the

5 security as was required.

6 (725 ILCS 5/110B-50 new)

7 Sec. 110B-50. Filing of recognizance; breach of condition.

8 Every recognizance taken in accordance with the foregoing

9 provisions shall be filed of record by the clerk and upon a

10 breach of the condition the same shall be prosecuted by the

11 State's Attorney.

12 (725 ILCS 5/110B-55 new)

13 Sec. 110B-55. Conviction not needed. In proceeding upon a

14 recognizance it is not necessary to show a conviction of the

15 defendant of an offense against the person or property of

16 another.

17 (725 ILCS 5/110B-60 new)

18 Sec. 110B-60. Threat made in court. A person who, in the

19 presence of a court, commits or threatens to commit an offense

20 against the person or property of another, may be ordered,

21 without process, to enter into a recognizance to keep the

22 peace for a period not exceeding 12 months, and in case of

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1 refusal be committed as in other cases.

2 (725 ILCS 5/110B-65 new)

3 Sec. 110B-65. Remitting recognizance. When, upon an action

4 brought upon a recognizance, the penalty for the action is

5 adjudged forfeited, the court may, on the petition of a

6 defendant, remit the portion of it as the circumstances of the

7 case render just and reasonable.

8 (725 ILCS 5/110B-70 new)

9 Sec. 110B-70. Surrender of principal. The sureties of a

10 person bound to keep the peace may, at any time, surrender

11 their principal to the sheriff of the county in which the

12 principal was bound, under the same rules and regulations

13 governing the surrender of the principal in other criminal

14 cases.

15 (725 ILCS 5/110B-75 new)

16 Sec. 110B-75. New recognizance. The person so surrendered

17 may recognize anew, with sufficient sureties, before a court,

18 for the residue of the time, and shall thereupon be

19 discharged.

20 (725 ILCS 5/110B-80 new)

21 Sec. 110B-80. Amended complaint. No proceeding to prevent

22 a breach of the peace shall be dismissed on account of any

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1 informality or insufficiency in the complaint, or any process

2 or proceeding, but the complaint may be amended, by order of

3 the court, to conform to the facts in the case.

4 Section 270. The Firearm Seizure Act is amended by

5 changing Section 4 as follows:

6 (725 ILCS 165/4) (from Ch. 38, par. 161-4)

7 Sec. 4. In lieu of requiring the surrender of any firearm,

8 the court may require the defendant to give a recognizance as

9 provided in Article 110B ~~110A~~ of the Code of Criminal

10 Procedure of 1963.

11 (Source: P.A. 96-328, eff. 8-11-09.)

12 Section 275. The Rights of Crime Victims and Witnesses Act

13 is amended by changing Sections 3, 4 and 4.5 as follows:

14 (725 ILCS 120/3) (from Ch. 38, par. 1403)

15 Sec. 3. The terms used in this Act shall have the following

16 meanings:

17 (a) "Crime victim" or "victim" means: (1) any natural

18 person determined by the prosecutor or the court to have

19 suffered direct physical or psychological harm as a result of

20 a violent crime perpetrated or attempted against that person

21 or direct physical or psychological harm as a result of (i) a

22 violation of Section 11-501 of the Illinois Vehicle Code or

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1 similar provision of a local ordinance or (ii) a violation of

2 Section 9-3 of the Criminal Code of 1961 or the Criminal Code

3 of 2012; (2) in the case of a crime victim who is under 18

4 years of age or an adult victim who is incompetent or

5 incapacitated, both parents, legal guardians, foster parents,

6 or a single adult representative; (3) in the case of an adult

7 deceased victim, 2 representatives who may be the spouse,

8 parent, child or sibling of the victim, or the representative

9 of the victim's estate; and (4) an immediate family member of a

10 victim under clause (1) of this paragraph (a) chosen by the

11 victim. If the victim is 18 years of age or over, the victim

12 may choose any person to be the victim's representative. In no

13 event shall the defendant or any person who aided and abetted

14 in the commission of the crime be considered a victim, a crime

15 victim, or a representative of the victim.

16 A board, agency, or other governmental entity making

17 decisions regarding an offender's release, sentence reduction,

18 or clemency can determine additional persons are victims for

19 the purpose of its proceedings.

20 (a-3) "Advocate" means a person whose communications with

21 the victim are privileged under Section 8-802.1 or 8-802.2 of

22 the Code of Civil Procedure, or Section 227 of the Illinois

23 Domestic Violence Act of 1986.

24 (a-5) "Confer" means to consult together, share

25 information, compare opinions and carry on a discussion or

26 deliberation.

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1 (a-7) "Sentence" includes, but is not limited to, the

2 imposition of sentence, a request for a reduction in sentence,

3 parole, mandatory supervised release, aftercare release, early

4 release, inpatient treatment, outpatient treatment,

5 conditional release after a finding that the defendant is not

6 guilty by reason of insanity, clemency, or a proposal that

7 would reduce the defendant's sentence or result in the

8 defendant's release. "Early release" refers to a discretionary

9 release.

10 (a-9) "Sentencing" includes, but is not limited to, the

11 imposition of sentence and a request for a reduction in

12 sentence, parole, mandatory supervised release, aftercare

13 release, early release, consideration of inpatient treatment

14 or outpatient treatment, or conditional release after a

15 finding that the defendant is not guilty by reason of

16 insanity.

17 (a-10) "Status hearing" means a hearing designed to

18 provide information to the court, at which no motion of a

19 substantive nature and no constitutional or statutory right of

20 a crime victim is implicated or at issue.

21 (b) "Witness" means: any person who personally observed

22 the commission of a crime and who will testify on behalf of the

23 State of Illinois; or a person who will be called by the

24 prosecution to give testimony establishing a necessary nexus

25 between the offender and the violent crime.

26 (c) "Violent crime" means: (1) any felony in which force

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1 or threat of force was used against the victim; (2) any offense

2 involving sexual exploitation, sexual conduct, or sexual

3 penetration; (3) a violation of Section 11-20.1, 11-20.1B,

4 11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the

5 Criminal Code of 2012; (4) domestic battery or stalking; (5)

6 violation of an order of protection, a civil no contact order,

7 or a stalking no contact order; (6) any misdemeanor which

8 results in death or great bodily harm to the victim; or (7) any

9 violation of Section 9-3 of the Criminal Code of 1961 or the

10 Criminal Code of 2012, or Section 11-501 of the Illinois

11 Vehicle Code, or a similar provision of a local ordinance, if

12 the violation resulted in personal injury or death. "Violent

13 crime" includes any action committed by a juvenile that would

14 be a violent crime if committed by an adult. For the purposes

15 of this paragraph, "personal injury" shall include any Type A

16 injury as indicated on the traffic crash report completed by a

17 law enforcement officer that requires immediate professional

18 attention in either a doctor's office or medical facility. A

19 type A injury shall include severely bleeding wounds,

20 distorted extremities, and injuries that require the injured

21 party to be carried from the scene.

22 (d) (Blank).

23 (e) "Court proceedings" includes, but is not limited to,

24 the preliminary hearing, any post-arraignment hearing the

25 effect of which may be the release of the defendant from

26 custody or to alter the conditions of bond, change of plea

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1 hearing, the trial, any pretrial or post-trial hearing,

2 sentencing, any oral argument or hearing before an Illinois

3 appellate court, any hearing under the Mental Health and

4 Developmental Disabilities Code or Section 5-2-4 of the

5 Unified Code of Corrections after a finding that the defendant

6 is not guilty by reason of insanity, including a hearing for

7 conditional release, any hearing related to a modification of

8 sentence, probation revocation hearing, aftercare release or

9 parole hearings, post-conviction relief proceedings, habeas

10 corpus proceedings and clemency proceedings related to the

11 defendant's conviction or sentence. For purposes of the

12 victim's right to be present, "court proceedings" does not

13 include (1) hearings under Section 109-1 of the Code of

14 Criminal Procedure of 1963, (2) grand jury proceedings, ~~(2)~~

15 (3) status hearings, or ~~(3)~~ (4) the issuance of an order or

16 decision of an Illinois court that dismisses a charge,

17 reverses a conviction, reduces a sentence, or releases an

18 offender under a court rule.

19 (f) "Concerned citizen" includes relatives of the victim,

20 friends of the victim, witnesses to the crime, or any other

21 person associated with the victim or prisoner.

22 (g) "Victim's attorney" means an attorney retained by the

23 victim for the purposes of asserting the victim's

24 constitutional and statutory rights. An attorney retained by

25 the victim means an attorney who is hired to represent the

26 victim at the victim's expense or an attorney who has agreed to

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1 provide pro bono representation. Nothing in this statute

2 creates a right to counsel at public expense for a victim.

3 (h) "Support person" means a person chosen by a victim to

4 be present at court proceedings.

5 (Source: P.A. 102-982, eff. 7-1-23; 102-1104, eff. 1-1-23.)

6 (725 ILCS 120/4) (from Ch. 38, par. 1404)

7 Sec. 4. Rights of crime victims.

8 (a) Crime victims shall have the following rights:

9 (1) The right to be treated with fairness and respect

10 for their dignity and privacy and to be free from

11 harassment, intimidation, and abuse throughout the

12 criminal justice process.

13 (1.5) The right to notice and to a hearing before a

14 court ruling on a request for access to any of the victim's

15 records, information, or communications which are

16 privileged or confidential by law.

17 (2) The right to timely notification of all court

18 proceedings.

19 (3) The right to communicate with the prosecution.

20 (4) The right to be heard at any post-arraignment

21 court proceeding in which a right of the victim is at issue

22 and any court proceeding involving a post-arraignment

23 release decision, plea, or sentencing.

24 (5) The right to be notified of the conviction, the

25 sentence, the imprisonment and the release of the accused.

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1 (6) The right to the timely disposition of the case

2 following the arrest of the accused.

3 (7) The right to be reasonably protected from the

4 accused through the criminal justice process.

5 (7.5) The right to have the safety of the victim and

6 the victim's family considered in denying or fixing the

7 amount of bail, determining whether to release the

8 defendant, and setting conditions of release after arrest

9 and conviction.

10 (8) The right to be present at the trial and all other

11 court proceedings on the same basis as the accused, unless

12 the victim is to testify and the court determines that the

13 victim's testimony would be materially affected if the

14 victim hears other testimony at the trial.

15 (9) The right to have present at all court

16 proceedings, including proceedings under the Juvenile

17 Court Act of 1987, subject to the rules of evidence, an

18 advocate and other support person of the victim's choice.

19 (10) The right to restitution.

20 (b) Any law enforcement agency that investigates an

21 offense committed in this State shall provide a crime victim

22 with a written statement and explanation of the rights of

23 crime victims under this amendatory Act of the 99th General

24 Assembly within 48 hours of law enforcement's initial contact

25 with a victim. The statement shall include information about

26 crime victim compensation, including how to contact the Office

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1 of the Illinois Attorney General to file a claim, and

2 appropriate referrals to local and State programs that provide

3 victim services. The content of the statement shall be

4 provided to law enforcement by the Attorney General. Law

5 enforcement shall also provide a crime victim with a sign-off

6 sheet that the victim shall sign and date as an

7 acknowledgement that he or she has been furnished with

8 information and an explanation of the rights of crime victims

9 and compensation set forth in this Act.

10 (b-5) Upon the request of the victim, the law enforcement

11 agency having jurisdiction shall provide a free copy of the

12 police report concerning the victim's incident, as soon as

13 practicable, but in no event later than 5 business days from

14 the request.

15 (c) The Clerk of the Circuit Court shall post the rights of

16 crime victims set forth in Article I, Section 8.1(a) of the

17 Illinois Constitution and subsection (a) of this Section

18 within 3 feet of the door to any courtroom where criminal

19 proceedings are conducted. The clerk may also post the rights

20 in other locations in the courthouse.

21 (d) At any point, the victim has the right to retain a

22 victim's attorney who may be present during all stages of any

23 interview, investigation, or other interaction with

24 representatives of the criminal justice system. Treatment of

25 the victim should not be affected or altered in any way as a

26 result of the victim's decision to exercise this right.

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1 (Source: P.A. 100-1087, eff. 1-1-19; 101-652, eff. 1-1-23.)

2 (725 ILCS 120/4.5)

3 Sec. 4.5. Procedures to implement the rights of crime

4 victims. To afford crime victims their rights, law

5 enforcement, prosecutors, judges, and corrections will provide

6 information, as appropriate, of the following procedures:

7 (a) At the request of the crime victim, law enforcement

8 authorities investigating the case shall provide notice of the

9 status of the investigation, except where the State's Attorney

10 determines that disclosure of such information would

11 unreasonably interfere with the investigation, until such time

12 as the alleged assailant is apprehended or the investigation

13 is closed.

14 (a-5) When law enforcement authorities reopen a closed

15 case to resume investigating, they shall provide notice of the

16 reopening of the case, except where the State's Attorney

17 determines that disclosure of such information would

18 unreasonably interfere with the investigation.

19 (b) The office of the State's Attorney:

20 (1) shall provide notice of the filing of an

21 information, the return of an indictment, or the filing of

22 a petition to adjudicate a minor as a delinquent for a

23 violent crime;

24 (2) shall provide timely notice of the date, time, and

25 place of court proceedings; of any change in the date,

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1 time, and place of court proceedings; and of any

2 cancellation of court proceedings. Notice shall be

3 provided in sufficient time, wherever possible, for the

4 victim to make arrangements to attend or to prevent an

5 unnecessary appearance at court proceedings;

6 (3) or victim advocate personnel shall provide

7 information of social services and financial assistance

8 available for victims of crime, including information of

9 how to apply for these services and assistance;

10 (3.5) or victim advocate personnel shall provide

11 information about available victim services, including

12 referrals to programs, counselors, and agencies that

13 assist a victim to deal with trauma, loss, and grief;

14 (4) shall assist in having any stolen or other

15 personal property held by law enforcement authorities for

16 evidentiary or other purposes returned as expeditiously as

17 possible, pursuant to the procedures set out in Section

18 115-9 of the Code of Criminal Procedure of 1963;

19 (5) or victim advocate personnel shall provide

20 appropriate employer intercession services to ensure that

21 employers of victims will cooperate with the criminal

22 justice system in order to minimize an employee's loss of

23 pay and other benefits resulting from court appearances;

24 (6) shall provide, whenever possible, a secure waiting

25 area during court proceedings that does not require

26 victims to be in close proximity to defendants or

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1 juveniles accused of a violent crime, and their families

2 and friends;

3 (7) shall provide notice to the crime victim of the

4 right to have a translator present at all court

5 proceedings and, in compliance with the federal Americans

6 with Disabilities Act of 1990, the right to communications

7 access through a sign language interpreter or by other

8 means;

9 (8) (blank);

10 (8.5) shall inform the victim of the right to be

11 present at all court proceedings, unless the victim is to

12 testify and the court determines that the victim's

13 testimony would be materially affected if the victim hears

14 other testimony at trial;

15 (9) shall inform the victim of the right to have

16 present at all court proceedings, subject to the rules of

17 evidence and confidentiality, an advocate and other

18 support person of the victim's choice;

19 (9.3) shall inform the victim of the right to retain

20 an attorney, at the victim's own expense, who, upon

21 written notice filed with the clerk of the court and

22 State's Attorney, is to receive copies of all notices,

23 motions, and court orders filed thereafter in the case, in

24 the same manner as if the victim were a named party in the

25 case;

26 (9.5) shall inform the victim of (A) the victim's

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1 right under Section 6 of this Act to make a statement at

2 the sentencing hearing; (B) the right of the victim's

3 spouse, guardian, parent, grandparent, and other immediate

4 family and household members under Section 6 of this Act

5 to present a statement at sentencing; and (C) if a

6 presentence report is to be prepared, the right of the

7 victim's spouse, guardian, parent, grandparent, and other

8 immediate family and household members to submit

9 information to the preparer of the presentence report

10 about the effect the offense has had on the victim and the

11 person;

12 (10) at the sentencing shall make a good faith attempt

13 to explain the minimum amount of time during which the

14 defendant may actually be physically imprisoned. The

15 Office of the State's Attorney shall further notify the

16 crime victim of the right to request from the Prisoner

17 Review Board or Department of Juvenile Justice information

18 concerning the release of the defendant;

19 (11) shall request restitution at sentencing and as

20 part of a plea agreement if the victim requests

21 restitution;

22 (12) shall, upon the court entering a verdict of not

23 guilty by reason of insanity, inform the victim of the

24 notification services available from the Department of

25 Human Services, including the statewide telephone number,

26 under subparagraph (d)(2) of this Section;

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1 (13) shall provide notice within a reasonable time

2 after receipt of notice from the custodian, of the release

3 of the defendant on ~~pretrial release~~ bail or personal

4 recognizance or the release from detention of a minor who

5 has been detained;

6 (14) shall explain in nontechnical language the

7 details of any plea or verdict of a defendant, or any

8 adjudication of a juvenile as a delinquent;

9 (15) shall make all reasonable efforts to consult with

10 the crime victim before the Office of the State's Attorney

11 makes an offer of a plea bargain to the defendant or enters

12 into negotiations with the defendant concerning a possible

13 plea agreement, and shall consider the written statement,

14 if prepared prior to entering into a plea agreement. The

15 right to consult with the prosecutor does not include the

16 right to veto a plea agreement or to insist the case go to

17 trial. If the State's Attorney has not consulted with the

18 victim prior to making an offer or entering into plea

19 negotiations with the defendant, the Office of the State's

20 Attorney shall notify the victim of the offer or the

21 negotiations within 2 business days and confer with the

22 victim;

23 (16) shall provide notice of the ultimate disposition

24 of the cases arising from an indictment or an information,

25 or a petition to have a juvenile adjudicated as a

26 delinquent for a violent crime;

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1 (17) shall provide notice of any appeal taken by the

2 defendant and information on how to contact the

3 appropriate agency handling the appeal, and how to request

4 notice of any hearing, oral argument, or decision of an

5 appellate court;

6 (18) shall provide timely notice of any request for

7 post-conviction review filed by the defendant under

8 Article 122 of the Code of Criminal Procedure of 1963, and

9 of the date, time and place of any hearing concerning the

10 petition. Whenever possible, notice of the hearing shall

11 be given within 48 hours of the court's scheduling of the

12 hearing;

13 (19) shall forward a copy of any statement presented

14 under Section 6 to the Prisoner Review Board or Department

15 of Juvenile Justice to be considered in making a

16 determination under Section 3-2.5-85 or subsection (b) of

17 Section 3-3-8 of the Unified Code of Corrections;

18 (20) shall, within a reasonable time, offer to meet

19 with the crime victim regarding the decision of the

20 State's Attorney not to charge an offense, and shall meet

21 with the victim, if the victim agrees. The victim has a

22 right to have an attorney, advocate, and other support

23 person of the victim's choice attend this meeting with the

24 victim; and

25 (21) shall give the crime victim timely notice of any

26 decision not to pursue charges and consider the safety of

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1 the victim when deciding how to give such notice.

2 (c) The court shall ensure that the rights of the victim

3 are afforded.

4 (c-5) The following procedures shall be followed to afford

5 victims the rights guaranteed by Article I, Section 8.1 of the

6 Illinois Constitution:

7 (1) Written notice. A victim may complete a written

8 notice of intent to assert rights on a form prepared by the

9 Office of the Attorney General and provided to the victim

10 by the State's Attorney. The victim may at any time

11 provide a revised written notice to the State's Attorney.

12 The State's Attorney shall file the written notice with

13 the court. At the beginning of any court proceeding in

14 which the right of a victim may be at issue, the court and

15 prosecutor shall review the written notice to determine

16 whether the victim has asserted the right that may be at

17 issue.

18 (2) Victim's retained attorney. A victim's attorney

19 shall file an entry of appearance limited to assertion of

20 the victim's rights. Upon the filing of the entry of

21 appearance and service on the State's Attorney and the

22 defendant, the attorney is to receive copies of all

23 notices, motions and court orders filed thereafter in the

24 case.

25 (3) Standing. The victim has standing to assert the

26 rights enumerated in subsection (a) of Article I, Section

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1 8.1 of the Illinois Constitution and the statutory rights

2 under Section 4 of this Act in any court exercising

3 jurisdiction over the criminal case. The prosecuting

4 attorney, a victim, or the victim's retained attorney may

5 assert the victim's rights. The defendant in the criminal

6 case has no standing to assert a right of the victim in any

7 court proceeding, including on appeal.

8 (4) Assertion of and enforcement of rights.

9 (A) The prosecuting attorney shall assert a

10 victim's right or request enforcement of a right by

11 filing a motion or by orally asserting the right or

12 requesting enforcement in open court in the criminal

13 case outside the presence of the jury. The prosecuting

14 attorney shall consult with the victim and the

15 victim's attorney regarding the assertion or

16 enforcement of a right. If the prosecuting attorney

17 decides not to assert or enforce a victim's right, the

18 prosecuting attorney shall notify the victim or the

19 victim's attorney in sufficient time to allow the

20 victim or the victim's attorney to assert the right or

21 to seek enforcement of a right.

22 (B) If the prosecuting attorney elects not to

23 assert a victim's right or to seek enforcement of a

24 right, the victim or the victim's attorney may assert

25 the victim's right or request enforcement of a right

26 by filing a motion or by orally asserting the right or

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1 requesting enforcement in open court in the criminal

2 case outside the presence of the jury.

3 (C) If the prosecuting attorney asserts a victim's

4 right or seeks enforcement of a right, unless the

5 prosecuting attorney objects or the trial court does

6 not allow it, the victim or the victim's attorney may

7 be heard regarding the prosecuting attorney's motion

8 or may file a simultaneous motion to assert or request

9 enforcement of the victim's right. If the victim or

10 the victim's attorney was not allowed to be heard at

11 the hearing regarding the prosecuting attorney's

12 motion, and the court denies the prosecuting

13 attorney's assertion of the right or denies the

14 request for enforcement of a right, the victim or

15 victim's attorney may file a motion to assert the

16 victim's right or to request enforcement of the right

17 within 10 days of the court's ruling. The motion need

18 not demonstrate the grounds for a motion for

19 reconsideration. The court shall rule on the merits of

20 the motion.

21 (D) The court shall take up and decide any motion

22 or request asserting or seeking enforcement of a

23 victim's right without delay, unless a specific time

24 period is specified by law or court rule. The reasons

25 for any decision denying the motion or request shall

26 be clearly stated on the record.

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1 (E) No later than January 1, 2023, the Office of

2 the Attorney General shall:

3 (i) designate an administrative authority

4 within the Office of the Attorney General to

5 receive and investigate complaints relating to the

6 provision or violation of the rights of a crime

7 victim as described in Article I, Section 8.1 of

8 the Illinois Constitution and in this Act;

9 (ii) create and administer a course of

10 training for employees and offices of the State of

11 Illinois that fail to comply with provisions of

12 Illinois law pertaining to the treatment of crime

13 victims as described in Article I, Section 8.1 of

14 the Illinois Constitution and in this Act as

15 required by the court under Section 5 of this Act;

16 and

17 (iii) have the authority to make

18 recommendations to employees and offices of the

19 State of Illinois to respond more effectively to

20 the needs of crime victims, including regarding

21 the violation of the rights of a crime victim.

22 (F) Crime victims' rights may also be asserted by

23 filing a complaint for mandamus, injunctive, or

24 declaratory relief in the jurisdiction in which the

25 victim's right is being violated or where the crime is

26 being prosecuted. For complaints or motions filed by

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1 or on behalf of the victim, the clerk of court shall

2 waive filing fees that would otherwise be owed by the

3 victim for any court filing with the purpose of

4 enforcing crime victims' rights. If the court denies

5 the relief sought by the victim, the reasons for the

6 denial shall be clearly stated on the record in the

7 transcript of the proceedings, in a written opinion,

8 or in the docket entry, and the victim may appeal the

9 circuit court's decision to the appellate court. The

10 court shall issue prompt rulings regarding victims'

11 rights. Proceedings seeking to enforce victims' rights

12 shall not be stayed or subject to unreasonable delay

13 via continuances.

14 (5) Violation of rights and remedies.

15 (A) If the court determines that a victim's right

16 has been violated, the court shall determine the

17 appropriate remedy for the violation of the victim's

18 right by hearing from the victim and the parties,

19 considering all factors relevant to the issue, and

20 then awarding appropriate relief to the victim.

21 (A-5) Consideration of an issue of a substantive

22 nature or an issue that implicates the constitutional

23 or statutory right of a victim at a court proceeding

24 labeled as a status hearing shall constitute a per se

25 violation of a victim's right.

26 (B) The appropriate remedy shall include only

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1 actions necessary to provide the victim the right to

2 which the victim was entitled. Remedies may include,

3 but are not limited to: injunctive relief requiring

4 the victim's right to be afforded; declaratory

5 judgment recognizing or clarifying the victim's

6 rights; a writ of mandamus; and may include reopening

7 previously held proceedings; however, in no event

8 shall the court vacate a conviction. Any remedy shall

9 be tailored to provide the victim an appropriate

10 remedy without violating any constitutional right of

11 the defendant. In no event shall the appropriate

12 remedy to the victim be a new trial or damages.

13 The court shall impose a mandatory training course

14 provided by the Attorney General for the employee under

15 item (ii) of subparagraph (E) of paragraph (4), which must

16 be successfully completed within 6 months of the entry of

17 the court order.

18 This paragraph (5) takes effect January 2, 2023.

19 (6) Right to be heard. Whenever a victim has the right

20 to be heard, the court shall allow the victim to exercise

21 the right in any reasonable manner the victim chooses.

22 (7) Right to attend trial. A party must file a written

23 motion to exclude a victim from trial at least 60 days

24 prior to the date set for trial. The motion must state with

25 specificity the reason exclusion is necessary to protect a

26 constitutional right of the party, and must contain an

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1 offer of proof. The court shall rule on the motion within

2 30 days. If the motion is granted, the court shall set

3 forth on the record the facts that support its finding

4 that the victim's testimony will be materially affected if

5 the victim hears other testimony at trial.

6 (8) Right to have advocate and support person present

7 at court proceedings.

8 (A) A party who intends to call an advocate as a

9 witness at trial must seek permission of the court

10 before the subpoena is issued. The party must file a

11 written motion at least 90 days before trial that sets

12 forth specifically the issues on which the advocate's

13 testimony is sought and an offer of proof regarding

14 (i) the content of the anticipated testimony of the

15 advocate; and (ii) the relevance, admissibility, and

16 materiality of the anticipated testimony. The court

17 shall consider the motion and make findings within 30

18 days of the filing of the motion. If the court finds by

19 a preponderance of the evidence that: (i) the

20 anticipated testimony is not protected by an absolute

21 privilege; and (ii) the anticipated testimony contains

22 relevant, admissible, and material evidence that is

23 not available through other witnesses or evidence, the

24 court shall issue a subpoena requiring the advocate to

25 appear to testify at an in camera hearing. The

26 prosecuting attorney and the victim shall have 15 days

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1 to seek appellate review before the advocate is

2 required to testify at an ex parte in camera

3 proceeding.

4 The prosecuting attorney, the victim, and the

5 advocate's attorney shall be allowed to be present at

6 the ex parte in camera proceeding. If, after

7 conducting the ex parte in camera hearing, the court

8 determines that due process requires any testimony

9 regarding confidential or privileged information or

10 communications, the court shall provide to the

11 prosecuting attorney, the victim, and the advocate's

12 attorney a written memorandum on the substance of the

13 advocate's testimony. The prosecuting attorney, the

14 victim, and the advocate's attorney shall have 15 days

15 to seek appellate review before a subpoena may be

16 issued for the advocate to testify at trial. The

17 presence of the prosecuting attorney at the ex parte

18 in camera proceeding does not make the substance of

19 the advocate's testimony that the court has ruled

20 inadmissible subject to discovery.

21 (B) If a victim has asserted the right to have a

22 support person present at the court proceedings, the

23 victim shall provide the name of the person the victim

24 has chosen to be the victim's support person to the

25 prosecuting attorney, within 60 days of trial. The

26 prosecuting attorney shall provide the name to the

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1 defendant. If the defendant intends to call the

2 support person as a witness at trial, the defendant

3 must seek permission of the court before a subpoena is

4 issued. The defendant must file a written motion at

5 least 45 days prior to trial that sets forth

6 specifically the issues on which the support person

7 will testify and an offer of proof regarding: (i) the

8 content of the anticipated testimony of the support

9 person; and (ii) the relevance, admissibility, and

10 materiality of the anticipated testimony.

11 If the prosecuting attorney intends to call the

12 support person as a witness during the State's

13 case-in-chief, the prosecuting attorney shall inform

14 the court of this intent in the response to the

15 defendant's written motion. The victim may choose a

16 different person to be the victim's support person.

17 The court may allow the defendant to inquire about

18 matters outside the scope of the direct examination

19 during cross-examination. If the court allows the

20 defendant to do so, the support person shall be

21 allowed to remain in the courtroom after the support

22 person has testified. A defendant who fails to

23 question the support person about matters outside the

24 scope of direct examination during the State's

25 case-in-chief waives the right to challenge the

26 presence of the support person on appeal. The court

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1 shall allow the support person to testify if called as

2 a witness in the defendant's case-in-chief or the

3 State's rebuttal.

4 If the court does not allow the defendant to

5 inquire about matters outside the scope of the direct

6 examination, the support person shall be allowed to

7 remain in the courtroom after the support person has

8 been called by the defendant or the defendant has

9 rested. The court shall allow the support person to

10 testify in the State's rebuttal.

11 If the prosecuting attorney does not intend to

12 call the support person in the State's case-in-chief,

13 the court shall verify with the support person whether

14 the support person, if called as a witness, would

15 testify as set forth in the offer of proof. If the

16 court finds that the support person would testify as

17 set forth in the offer of proof, the court shall rule

18 on the relevance, materiality, and admissibility of

19 the anticipated testimony. If the court rules the

20 anticipated testimony is admissible, the court shall

21 issue the subpoena. The support person may remain in

22 the courtroom after the support person testifies and

23 shall be allowed to testify in rebuttal.

24 If the court excludes the victim's support person

25 during the State's case-in-chief, the victim shall be

26 allowed to choose another support person to be present

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1 in court.

2 If the victim fails to designate a support person

3 within 60 days of trial and the defendant has

4 subpoenaed the support person to testify at trial, the

5 court may exclude the support person from the trial

6 until the support person testifies. If the court

7 excludes the support person the victim may choose

8 another person as a support person.

9 (9) Right to notice and hearing before disclosure of

10 confidential or privileged information or records.

11 (A) A defendant who seeks to subpoena testimony or

12 records of or concerning the victim that are

13 confidential or privileged by law must seek permission

14 of the court before the subpoena is issued. The

15 defendant must file a written motion and an offer of

16 proof regarding the relevance, admissibility and

17 materiality of the testimony or records. If the court

18 finds by a preponderance of the evidence that:

19 (i) the testimony or records are not protected

20 by an absolute privilege and

21 (ii) the testimony or records contain

22 relevant, admissible, and material evidence that

23 is not available through other witnesses or

24 evidence, the court shall issue a subpoena

25 requiring the witness to appear in camera or a

26 sealed copy of the records be delivered to the

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1 court to be reviewed in camera. If, after

2 conducting an in camera review of the witness

3 statement or records, the court determines that

4 due process requires disclosure of any potential

5 testimony or any portion of the records, the court

6 shall provide copies of the records that it

7 intends to disclose to the prosecuting attorney

8 and the victim. The prosecuting attorney and the

9 victim shall have 30 days to seek appellate review

10 before the records are disclosed to the defendant,

11 used in any court proceeding, or disclosed to

12 anyone or in any way that would subject the

13 testimony or records to public review. The

14 disclosure of copies of any portion of the

15 testimony or records to the prosecuting attorney

16 under this Section does not make the records

17 subject to discovery or required to be provided to

18 the defendant.

19 (B) A prosecuting attorney who seeks to subpoena

20 information or records concerning the victim that are

21 confidential or privileged by law must first request

22 the written consent of the crime victim. If the victim

23 does not provide such written consent, including where

24 necessary the appropriate signed document required for

25 waiving privilege, the prosecuting attorney must serve

26 the subpoena at least 21 days prior to the date a

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1 response or appearance is required to allow the

2 subject of the subpoena time to file a motion to quash

3 or request a hearing. The prosecuting attorney must

4 also send a written notice to the victim at least 21

5 days prior to the response date to allow the victim to

6 file a motion or request a hearing. The notice to the

7 victim shall inform the victim (i) that a subpoena has

8 been issued for confidential information or records

9 concerning the victim, (ii) that the victim has the

10 right to request a hearing prior to the response date

11 of the subpoena, and (iii) how to request the hearing.

12 The notice to the victim shall also include a copy of

13 the subpoena. If requested, a hearing regarding the

14 subpoena shall occur before information or records are

15 provided to the prosecuting attorney.

16 (10) Right to notice of court proceedings. If the

17 victim is not present at a court proceeding in which a

18 right of the victim is at issue, the court shall ask the

19 prosecuting attorney whether the victim was notified of

20 the time, place, and purpose of the court proceeding and

21 that the victim had a right to be heard at the court

22 proceeding. If the court determines that timely notice was

23 not given or that the victim was not adequately informed

24 of the nature of the court proceeding, the court shall not

25 rule on any substantive issues, accept a plea, or impose a

26 sentence and shall continue the hearing for the time

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1 necessary to notify the victim of the time, place and

2 nature of the court proceeding. The time between court

3 proceedings shall not be attributable to the State under

4 Section 103-5 of the Code of Criminal Procedure of 1963.

5 (11) Right to timely disposition of the case. A victim

6 has the right to timely disposition of the case so as to

7 minimize the stress, cost, and inconvenience resulting

8 from the victim's involvement in the case. Before ruling

9 on a motion to continue trial or other court proceeding,

10 the court shall inquire into the circumstances for the

11 request for the delay and, if the victim has provided

12 written notice of the assertion of the right to a timely

13 disposition, and whether the victim objects to the delay.

14 If the victim objects, the prosecutor shall inform the

15 court of the victim's objections. If the prosecutor has

16 not conferred with the victim about the continuance, the

17 prosecutor shall inform the court of the attempts to

18 confer. If the court finds the attempts of the prosecutor

19 to confer with the victim were inadequate to protect the

20 victim's right to be heard, the court shall give the

21 prosecutor at least 3 but not more than 5 business days to

22 confer with the victim. In ruling on a motion to continue,

23 the court shall consider the reasons for the requested

24 continuance, the number and length of continuances that

25 have been granted, the victim's objections and procedures

26 to avoid further delays. If a continuance is granted over

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1 the victim's objection, the court shall specify on the

2 record the reasons for the continuance and the procedures

3 that have been or will be taken to avoid further delays.

4 (12) Right to Restitution.

5 (A) If the victim has asserted the right to

6 restitution and the amount of restitution is known at

7 the time of sentencing, the court shall enter the

8 judgment of restitution at the time of sentencing.

9 (B) If the victim has asserted the right to

10 restitution and the amount of restitution is not known

11 at the time of sentencing, the prosecutor shall,

12 within 5 days after sentencing, notify the victim what

13 information and documentation related to restitution

14 is needed and that the information and documentation

15 must be provided to the prosecutor within 45 days

16 after sentencing. Failure to timely provide

17 information and documentation related to restitution

18 shall be deemed a waiver of the right to restitution.

19 The prosecutor shall file and serve within 60 days

20 after sentencing a proposed judgment for restitution

21 and a notice that includes information concerning the

22 identity of any victims or other persons seeking

23 restitution, whether any victim or other person

24 expressly declines restitution, the nature and amount

25 of any damages together with any supporting

26 documentation, a restitution amount recommendation,

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1 and the names of any co-defendants and their case

2 numbers. Within 30 days after receipt of the proposed

3 judgment for restitution, the defendant shall file any

4 objection to the proposed judgment, a statement of

5 grounds for the objection, and a financial statement.

6 If the defendant does not file an objection, the court

7 may enter the judgment for restitution without further

8 proceedings. If the defendant files an objection and

9 either party requests a hearing, the court shall

10 schedule a hearing.

11 (13) Access to presentence reports.

12 (A) The victim may request a copy of the

13 presentence report prepared under the Unified Code of

14 Corrections from the State's Attorney. The State's

15 Attorney shall redact the following information before

16 providing a copy of the report:

17 (i) the defendant's mental history and

18 condition;

19 (ii) any evaluation prepared under subsection

20 (b) or (b-5) of Section 5-3-2; and

21 (iii) the name, address, phone number, and

22 other personal information about any other victim.

23 (B) The State's Attorney or the defendant may

24 request the court redact other information in the

25 report that may endanger the safety of any person.

26 (C) The State's Attorney may orally disclose to

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1 the victim any of the information that has been

2 redacted if there is a reasonable likelihood that the

3 information will be stated in court at the sentencing.

4 (D) The State's Attorney must advise the victim

5 that the victim must maintain the confidentiality of

6 the report and other information. Any dissemination of

7 the report or information that was not stated at a

8 court proceeding constitutes indirect criminal

9 contempt of court.

10 (14) Appellate relief. If the trial court denies the

11 relief requested, the victim, the victim's attorney, or

12 the prosecuting attorney may file an appeal within 30 days

13 of the trial court's ruling. The trial or appellate court

14 may stay the court proceedings if the court finds that a

15 stay would not violate a constitutional right of the

16 defendant. If the appellate court denies the relief

17 sought, the reasons for the denial shall be clearly stated

18 in a written opinion. In any appeal in a criminal case, the

19 State may assert as error the court's denial of any crime

20 victim's right in the proceeding to which the appeal

21 relates.

22 (15) Limitation on appellate relief. In no case shall

23 an appellate court provide a new trial to remedy the

24 violation of a victim's right.

25 (16) The right to be reasonably protected from the

26 accused throughout the criminal justice process and the

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1 right to have the safety of the victim and the victim's

2 family considered in denying or fixing the amount of bail,

3 determining whether to release the defendant, and setting

4 conditions of release after arrest and conviction. A

5 victim of domestic violence, a sexual offense, or stalking

6 may request the entry of a protective order under Article

7 112A of the Code of Criminal Procedure of 1963.

8 (d) Procedures after the imposition of sentence.

9 (1) The Prisoner Review Board shall inform a victim or

10 any other concerned citizen, upon written request, of the

11 prisoner's release on parole, mandatory supervised

12 release, electronic detention, work release, international

13 transfer or exchange, or by the custodian, other than the

14 Department of Juvenile Justice, of the discharge of any

15 individual who was adjudicated a delinquent for a crime

16 from State custody and by the sheriff of the appropriate

17 county of any such person's final discharge from county

18 custody. The Prisoner Review Board, upon written request,

19 shall provide to a victim or any other concerned citizen a

20 recent photograph of any person convicted of a felony,

21 upon his or her release from custody. The Prisoner Review

22 Board, upon written request, shall inform a victim or any

23 other concerned citizen when feasible at least 7 days

24 prior to the prisoner's release on furlough of the times

25 and dates of such furlough. Upon written request by the

26 victim or any other concerned citizen, the State's

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1 Attorney shall notify the person once of the times and

2 dates of release of a prisoner sentenced to periodic

3 imprisonment. Notification shall be based on the most

4 recent information as to the victim's or other concerned

5 citizen's residence or other location available to the

6 notifying authority.

7 (2) When the defendant has been committed to the

8 Department of Human Services pursuant to Section 5-2-4 or

9 any other provision of the Unified Code of Corrections,

10 the victim may request to be notified by the releasing

11 authority of the approval by the court of an on-grounds

12 pass, a supervised off-grounds pass, an unsupervised

13 off-grounds pass, or conditional release; the release on

14 an off-grounds pass; the return from an off-grounds pass;

15 transfer to another facility; conditional release; escape;

16 death; or final discharge from State custody. The

17 Department of Human Services shall establish and maintain

18 a statewide telephone number to be used by victims to make

19 notification requests under these provisions and shall

20 publicize this telephone number on its website and to the

21 State's Attorney of each county.

22 (3) In the event of an escape from State custody, the

23 Department of Corrections or the Department of Juvenile

24 Justice immediately shall notify the Prisoner Review Board

25 of the escape and the Prisoner Review Board shall notify

26 the victim. The notification shall be based upon the most

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1 recent information as to the victim's residence or other

2 location available to the Board. When no such information

3 is available, the Board shall make all reasonable efforts

4 to obtain the information and make the notification. When

5 the escapee is apprehended, the Department of Corrections

6 or the Department of Juvenile Justice immediately shall

7 notify the Prisoner Review Board and the Board shall

8 notify the victim.

9 (4) The victim of the crime for which the prisoner has

10 been sentenced has the right to register with the Prisoner

11 Review Board's victim registry. Victims registered with

12 the Board shall receive reasonable written notice not less

13 than 30 days prior to the parole hearing or target

14 aftercare release date. The victim has the right to submit

15 a victim statement for consideration by the Prisoner

16 Review Board or the Department of Juvenile Justice in

17 writing, on film, videotape, or other electronic means, or

18 in the form of a recording prior to the parole hearing or

19 target aftercare release date, or in person at the parole

20 hearing or aftercare release protest hearing, or by

21 calling the toll-free number established in subsection (f)

22 of this Section. The victim shall be notified within 7

23 days after the prisoner has been granted parole or

24 aftercare release and shall be informed of the right to

25 inspect the registry of parole decisions, established

26 under subsection (g) of Section 3-3-5 of the Unified Code

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1 of Corrections. The provisions of this paragraph (4) are

2 subject to the Open Parole Hearings Act. Victim statements

3 provided to the Board shall be confidential and

4 privileged, including any statements received prior to

5 January 1, 2020 (the effective date of Public Act

6 101-288), except if the statement was an oral statement

7 made by the victim at a hearing open to the public.

8 (4-1) The crime victim has the right to submit a

9 victim statement for consideration by the Prisoner Review

10 Board or the Department of Juvenile Justice prior to or at

11 a hearing to determine the conditions of mandatory

12 supervised release of a person sentenced to a determinate

13 sentence or at a hearing on revocation of mandatory

14 supervised release of a person sentenced to a determinate

15 sentence. A victim statement may be submitted in writing,

16 on film, videotape, or other electronic means, or in the

17 form of a recording, or orally at a hearing, or by calling

18 the toll-free number established in subsection (f) of this

19 Section. Victim statements provided to the Board shall be

20 confidential and privileged, including any statements

21 received prior to January 1, 2020 (the effective date of

22 Public Act 101-288), except if the statement was an oral

23 statement made by the victim at a hearing open to the

24 public.

25 (4-2) The crime victim has the right to submit a

26 victim statement to the Prisoner Review Board for

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1 consideration at an executive clemency hearing as provided

2 in Section 3-3-13 of the Unified Code of Corrections. A

3 victim statement may be submitted in writing, on film,

4 videotape, or other electronic means, or in the form of a

5 recording prior to a hearing, or orally at a hearing, or by

6 calling the toll-free number established in subsection (f)

7 of this Section. Victim statements provided to the Board

8 shall be confidential and privileged, including any

9 statements received prior to January 1, 2020 (the

10 effective date of Public Act 101-288), except if the

11 statement was an oral statement made by the victim at a

12 hearing open to the public.

13 (5) If a statement is presented under Section 6, the

14 Prisoner Review Board or Department of Juvenile Justice

15 shall inform the victim of any order of discharge pursuant

16 to Section 3-2.5-85 or 3-3-8 of the Unified Code of

17 Corrections.

18 (6) At the written or oral request of the victim of the

19 crime for which the prisoner was sentenced or the State's

20 Attorney of the county where the person seeking parole or

21 aftercare release was prosecuted, the Prisoner Review

22 Board or Department of Juvenile Justice shall notify the

23 victim and the State's Attorney of the county where the

24 person seeking parole or aftercare release was prosecuted

25 of the death of the prisoner if the prisoner died while on

26 parole or aftercare release or mandatory supervised

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1 release.

2 (7) When a defendant who has been committed to the

3 Department of Corrections, the Department of Juvenile

4 Justice, or the Department of Human Services is released

5 or discharged and subsequently committed to the Department

6 of Human Services as a sexually violent person and the

7 victim had requested to be notified by the releasing

8 authority of the defendant's discharge, conditional

9 release, death, or escape from State custody, the

10 releasing authority shall provide to the Department of

11 Human Services such information that would allow the

12 Department of Human Services to contact the victim.

13 (8) When a defendant has been convicted of a sex

14 offense as defined in Section 2 of the Sex Offender

15 Registration Act and has been sentenced to the Department

16 of Corrections or the Department of Juvenile Justice, the

17 Prisoner Review Board or the Department of Juvenile

18 Justice shall notify the victim of the sex offense of the

19 prisoner's eligibility for release on parole, aftercare

20 release, mandatory supervised release, electronic

21 detention, work release, international transfer or

22 exchange, or by the custodian of the discharge of any

23 individual who was adjudicated a delinquent for a sex

24 offense from State custody and by the sheriff of the

25 appropriate county of any such person's final discharge

26 from county custody. The notification shall be made to the

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1 victim at least 30 days, whenever possible, before release

2 of the sex offender.

3 (e) The officials named in this Section may satisfy some

4 or all of their obligations to provide notices and other

5 information through participation in a statewide victim and

6 witness notification system established by the Attorney

7 General under Section 8.5 of this Act.

8 (f) The Prisoner Review Board shall establish a toll-free

9 number that may be accessed by the crime victim to present a

10 victim statement to the Board in accordance with paragraphs

11 (4), (4-1), and (4-2) of subsection (d).

12 (Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20;

13 101-652, eff. 1-1-23; 102-22, eff. 6-25-21; 102-558, eff.

14 8-20-21; 102-813, eff. 5-13-22.)

15 Section 280. The Pretrial Services Act is amended by

16 changing Sections 7, 11, 19, 20, 22, and 34 as follows:

17 (725 ILCS 185/7) (from Ch. 38, par. 307)

18 Sec. 7. Pretrial services agencies shall perform the

19 following duties for the circuit court:

20 (a) Interview and assemble verified information and data

21 concerning the community ties, employment, residency, criminal

22 record, and social background of arrested persons who are to

23 be, or have been, presented in court for first appearance on

24 felony charges, to assist the court in determining the

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1 appropriate terms and conditions of bail ~~pretrial release~~;

2 (b) Submit written reports of those investigations to the

3 court along with such findings and recommendations, if any, as

4 may be necessary to assess ~~appropriate conditions which shall~~

5 ~~be imposed to protect against the risks of nonappearance and~~

6 ~~commission of new offenses or other interference with the~~

7 ~~orderly administration of justice before trial;~~ :

8 (1) the need for financial security to assure the

9 defendant's appearance at later proceedings; and

10 (2) appropriate conditions which shall be imposed to

11 protect against the risks of nonappearance and commission of

12 new offenses or other interference with the orderly

13 administration of justice before trial;

14 (c) Supervise compliance with bail ~~pretrial release~~

15 conditions, and promptly report violations of those conditions

16 to the court and prosecutor to ~~ensure~~ assure effective

17 enforcement;

18 (d) Cooperate with the court and all other criminal

19 justice agencies in the development of programs to minimize

20 unnecessary pretrial detention and protect the public against

21 breaches of bail ~~pretrial release~~ conditions; and

22 (e) Monitor the local operations of the bail ~~pretrial~~

23 ~~release~~ system and maintain accurate and comprehensive records

24 of program activities.

25 (Source: P.A. 102-1104, eff. 1-1-23.)

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1 (725 ILCS 185/11) (from Ch. 38, par. 311)

2 Sec. 11. No person shall be interviewed by a pretrial

3 services agency unless he or she has first been apprised of the

4 identity and purpose of the interviewer, the scope of the

5 interview, the right to secure legal advice, and the right to

6 refuse cooperation. Inquiry of the defendant shall carefully

7 exclude questions concerning the details of the current

8 charge. Statements made by the defendant during the interview,

9 or evidence derived therefrom, are admissible in evidence only

10 when the court is considering the imposition of pretrial or

11 posttrial conditions to bail or recognizance ~~of release,~~

12 ~~denial of pretrial release~~, or when considering the

13 modification of a prior release order.

14 (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 12-6-22.)

15 (725 ILCS 185/19) (from Ch. 38, par. 319)

16 Sec. 19. Written reports under Section 17 shall set forth

17 all factual findings on which any recommendation and

18 conclusions contained therein are based together with the

19 source of each fact, and shall contain information and data

20 relevant to ~~appropriate conditions imposed to protect against~~

21 ~~the risk of nonappearance and commission of new offenses or~~

22 ~~other interference with the orderly administration of justice~~

23 ~~before trial.~~ the following issues:

24 (a) The need for financial security to assure the

25 defendant's appearance for later court proceedings; and

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1 (b) Appropriate conditions imposed to protect against the

2 risk of nonappearance and commission of new offenses or other

3 interference with the orderly administration of justice before

4 trial.

5 (Source: P.A. 102-1104, eff. 1-1-23.)

6 (725 ILCS 185/20) (from Ch. 38, par. 320)

7 Sec. 20. In preparing and presenting its written reports

8 under Sections 17 and 19, pretrial services agencies shall in

9 appropriate cases include specific recommendations for the

10 setting, increase, or decrease ~~the conditions~~ of bail ~~pretrial~~

11 ~~release~~; the release of the interviewee on his own

12 recognizance in sums certain; and the imposition of pretrial

13 conditions to bail ~~of pretrial release~~ or recognizance

14 designed to minimize the risks of nonappearance, the

15 commission of new offenses while awaiting trial, and other

16 potential interference with the orderly administration of

17 justice. In establishing objective internal criteria of any

18 such recommendation policies, the agency may utilize so-called

19 "point scales" for evaluating the aforementioned risks, but no

20 interviewee shall be considered as ineligible for particular

21 agency recommendations by sole reference to such procedures.

22 (Source: P.A. 101-652, eff. 1-1-23.)

23 (725 ILCS 185/22) (from Ch. 38, par. 322)

24 Sec. 22. If so ordered by the court, the pretrial services

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1 agency shall prepare and submit for the court's approval and

2 signature a uniform release order on the uniform form

3 established by the Supreme Court in all cases where an

4 interviewee may be released from custody under conditions

5 contained in an agency report. Such conditions shall become

6 part of the conditions of the bail bond ~~pretrial release~~. A

7 copy of the uniform release order shall be provided to the

8 defendant and defendant's attorney of record, and the

9 prosecutor.

10 (Source: P.A. 101-652, eff. 1-1-23.)

11 (725 ILCS 185/34)

12 Sec. 34. Probation and court services departments

13 considered pretrial services agencies. For the purposes of

14 administering the provisions of Public Act 95-773, known as

15 the Cindy Bischof Law, all probation and court services

16 departments are to be considered pretrial services agencies

17 under this Act and under the bail bond ~~pretrial release~~

18 provisions of the Code of Criminal Procedure of 1963.

19 (Source: P.A. 101-652, eff. 1-1-23.)

20 Section 285. The Quasi-criminal and Misdemeanor Bail Act

21 is amended by changing the title of the Act and Sections 0.01,

22 1, 2, 3, and 5 as follows:

23 (725 ILCS 195/Act title)

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1 An Act to authorize designated officers to let persons

2 charged with quasi-criminal offenses and misdemeanors to

3 ~~pretrial release~~ bail and to accept and receipt for fines on

4 pleas of guilty in minor offenses, in accordance with

5 schedules established by rule of court.

6 (725 ILCS 195/0.01) (from Ch. 16, par. 80)

7 Sec. 0.01. Short title. This Act may be cited as the

8 Quasi-criminal and Misdemeanor Bail ~~Pretrial Release~~ Act.

9 (Source: P.A. 101-652, eff. 1-1-23.)

10 (725 ILCS 195/1) (from Ch. 16, par. 81)

11 Sec. 1. Whenever in any circuit there shall be in force a

12 rule or order of the Supreme Court establishing a uniform

13 schedule ~~form~~ prescribing the amounts of bail ~~conditions of~~

14 ~~pretrial release~~ for specified conservation cases, traffic

15 cases, quasi-criminal offenses and misdemeanors, any general

16 superintendent, chief, captain, lieutenant, or sergeant of

17 police, or other police officer, the sheriff, the circuit

18 clerk, and any deputy sheriff or deputy circuit clerk

19 designated by the Circuit Court for the purpose, are

20 authorized to let to bail ~~pretrial release~~ any person charged

21 with a quasi-criminal offense or misdemeanor and to accept and

22 receipt for bonds or cash bail in accordance with regulations

23 established by rule or order of the Supreme Court. Unless

24 otherwise provided by Supreme Court Rule, no such bail may be

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1 posted or accepted in any place other than a police station,

2 sheriff's office or jail, or other county, municipal or other

3 building housing governmental units, or a division

4 headquarters building of the Illinois State Police. Bonds and

5 cash so received shall be delivered to the office of the

6 circuit clerk or that of his designated deputy as provided by

7 regulation. Such cash and securities so received shall be

8 delivered to the office of such clerk or deputy clerk within at

9 least 48 hours of receipt or within the time set for the

10 accused's appearance in court whichever is earliest.

11 In all cases where a person is admitted to bail under a

12 uniform schedule prescribing the amount of bail for specified

13 conservation cases, traffic cases, quasi-criminal offenses and

14 misdemeanors the provisions of Section 110-15.1 of the Code of

15 Criminal Procedure of 1963 shall be applicable.

16 (Source: P.A. 101-652, eff. 1-1-23.)

17 (725 ILCS 195/2) (from Ch. 16, par. 82)

18 Sec. 2. The conditions of the bail bond or deposit of cash

19 bail ~~pretrial release~~ shall be that the accused will appear to

20 answer the charge in court at a time and place specified in the

21 bond ~~pretrial release form~~ and thereafter as ordered by the

22 court until discharged on final order of the court and to

23 submit himself to the orders and process of the court. The

24 accused shall be furnished with an official receipt on a form

25 prescribed by rule of court for any cash or other security

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1 deposited, and shall receive a copy of the bond ~~pretrial~~

2 ~~release form~~ specifying the time and place of his court

3 appearance.

4 Upon performance of the conditions of the bond ~~pretrial~~

5 ~~release~~, the bond ~~pretrial release form~~ shall be null and void

6 any cash bail or other security shall be returned to the

7 accused and any cash bail or other security shall be returned

8 to the accused ~~the accused shall be released from the~~

9 ~~conditions of pretrial release~~.

10 (Source: P.A. 101-652, eff. 1-1-23.)

11 (725 ILCS 195/3) (from Ch. 16, par. 83)

12 Sec. 3. In lieu of making bond or depositing cash bail as

13 provided in this Act or the deposit of other security

14 authorized by law ~~complying with the conditions of pretrial~~

15 ~~release~~, any accused person has the right to be brought

16 without unnecessary delay before the nearest or most

17 accessible judge of the circuit to be dealt with according to

18 law.

19 (Source: P.A. 101-652, eff. 1-1-23.)

20 (725 ILCS 195/5) (from Ch. 16, par. 85)

21 Sec. 5. Any person authorized to accept bail ~~pretrial~~

22 ~~release~~ or pleas of guilty by this Act who violates any

23 provision of this Act is guilty of a Class B misdemeanor.

24 (Source: P.A. 101-652, eff. 1-1-23.)

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1 Section 290. The Unified Code of Corrections is amended by

2 changing Sections 5-3-2, 5-5-3.2, 5-6-4, 5-6-4.1, 5-8A-7, and

3 8-2-1 as follows:

4 (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)

5 Sec. 5-3-2. Presentence report.

6 (a) In felony cases, the presentence report shall set

7 forth:

8 (1) the defendant's history of delinquency or

9 criminality, physical and mental history and condition,

10 family situation and background, economic status,

11 education, occupation and personal habits;

12 (2) information about special resources within the

13 community which might be available to assist the

14 defendant's rehabilitation, including treatment centers,

15 residential facilities, vocational training services,

16 correctional manpower programs, employment opportunities,

17 special educational programs, alcohol and drug abuse

18 programming, psychiatric and marriage counseling, and

19 other programs and facilities which could aid the

20 defendant's successful reintegration into society;

21 (3) the effect the offense committed has had upon the

22 victim or victims thereof, and any compensatory benefit

23 that various sentencing alternatives would confer on such

24 victim or victims;

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1 (3.5) information provided by the victim's spouse,

2 guardian, parent, grandparent, and other immediate family

3 and household members about the effect the offense

4 committed has had on the victim and on the person

5 providing the information; if the victim's spouse,

6 guardian, parent, grandparent, or other immediate family

7 or household member has provided a written statement, the

8 statement shall be attached to the report;

9 (4) information concerning the defendant's status

10 since arrest, including his record if released on his own

11 recognizance, or the defendant's achievement record if

12 released on a conditional pre-trial supervision program;

13 (5) when appropriate, a plan, based upon the personal,

14 economic and social adjustment needs of the defendant,

15 utilizing public and private community resources as an

16 alternative to institutional sentencing;

17 (6) any other matters that the investigatory officer

18 deems relevant or the court directs to be included;

19 (7) information concerning the defendant's eligibility

20 for a sentence to a county impact incarceration program

21 under Section 5-8-1.2 of this Code; and

22 (8) information concerning the defendant's eligibility

23 for a sentence to an impact incarceration program

24 administered by the Department under Section 5-8-1.1.

25 (b) The investigation shall include a physical and mental

26 examination of the defendant when so ordered by the court. If

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1 the court determines that such an examination should be made,

2 it shall issue an order that the defendant submit to

3 examination at such time and place as designated by the court

4 and that such examination be conducted by a physician,

5 psychologist or psychiatrist designated by the court. Such an

6 examination may be conducted in a court clinic if so ordered by

7 the court. The cost of such examination shall be paid by the

8 county in which the trial is held.

9 (b-5) In cases involving felony sex offenses in which the

10 offender is being considered for probation only or any felony

11 offense that is sexually motivated as defined in the Sex

12 Offender Management Board Act in which the offender is being

13 considered for probation only, the investigation shall include

14 a sex offender evaluation by an evaluator approved by the

15 Board and conducted in conformance with the standards

16 developed under the Sex Offender Management Board Act. In

17 cases in which the offender is being considered for any

18 mandatory prison sentence, the investigation shall not include

19 a sex offender evaluation.

20 (c) In misdemeanor, business offense or petty offense

21 cases, except as specified in subsection (d) of this Section,

22 when a presentence report has been ordered by the court, such

23 presentence report shall contain information on the

24 defendant's history of delinquency or criminality and shall

25 further contain only those matters listed in any of paragraphs

26 (1) through (6) of subsection (a) or in subsection (b) of this

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1 Section as are specified by the court in its order for the

2 report.

3 (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or

4 12-30 of the Criminal Code of 1961 or the Criminal Code of

5 2012, the presentence report shall set forth information about

6 alcohol, drug abuse, psychiatric, and marriage counseling or

7 other treatment programs and facilities, information on the

8 defendant's history of delinquency or criminality, and shall

9 contain those additional matters listed in any of paragraphs

10 (1) through (6) of subsection (a) or in subsection (b) of this

11 Section as are specified by the court.

12 (e) Nothing in this Section shall cause the defendant to

13 be held without ~~pretrial release~~ bail or to have his ~~pretrial~~

14 ~~release~~ bail revoked for the purpose of preparing the

15 presentence report or making an examination.

16 (Source: P.A. 101-105, eff. 1-1-20; 101-652, eff. 1-1-23;

17 102-558, eff. 8-20-21.)

18 (730 ILCS 5/5-5-3.2)

19 Sec. 5-5-3.2. Factors in aggravation and extended-term

20 sentencing.

21 (a) The following factors shall be accorded weight in

22 favor of imposing a term of imprisonment or may be considered

23 by the court as reasons to impose a more severe sentence under

24 Section 5-8-1 or Article 4.5 of Chapter V:

25 (1) the defendant's conduct caused or threatened

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1 serious harm;

2 (2) the defendant received compensation for committing

3 the offense;

4 (3) the defendant has a history of prior delinquency

5 or criminal activity;

6 (4) the defendant, by the duties of his office or by

7 his position, was obliged to prevent the particular

8 offense committed or to bring the offenders committing it

9 to justice;

10 (5) the defendant held public office at the time of

11 the offense, and the offense related to the conduct of

12 that office;

13 (6) the defendant utilized his professional reputation

14 or position in the community to commit the offense, or to

15 afford him an easier means of committing it;

16 (7) the sentence is necessary to deter others from

17 committing the same crime;

18 (8) the defendant committed the offense against a

19 person 60 years of age or older or such person's property;

20 (9) the defendant committed the offense against a

21 person who has a physical disability or such person's

22 property;

23 (10) by reason of another individual's actual or

24 perceived race, color, creed, religion, ancestry, gender,

25 sexual orientation, physical or mental disability, or

26 national origin, the defendant committed the offense

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1 against (i) the person or property of that individual;

2 (ii) the person or property of a person who has an

3 association with, is married to, or has a friendship with

4 the other individual; or (iii) the person or property of a

5 relative (by blood or marriage) of a person described in

6 clause (i) or (ii). For the purposes of this Section,

7 "sexual orientation" has the meaning ascribed to it in

8 paragraph (O-1) of Section 1-103 of the Illinois Human

9 Rights Act;

10 (11) the offense took place in a place of worship or on

11 the grounds of a place of worship, immediately prior to,

12 during or immediately following worship services. For

13 purposes of this subparagraph, "place of worship" shall

14 mean any church, synagogue or other building, structure or

15 place used primarily for religious worship;

16 (12) the defendant was convicted of a felony committed

17 while he was released on bail ~~on pretrial release~~ or his

18 own recognizance pending trial for a prior felony and was

19 convicted of such prior felony, or the defendant was

20 convicted of a felony committed while he was serving a

21 period of probation, conditional discharge, or mandatory

22 supervised release under subsection (d) of Section 5-8-1

23 for a prior felony;

24 (13) the defendant committed or attempted to commit a

25 felony while he was wearing a bulletproof vest. For the

26 purposes of this paragraph (13), a bulletproof vest is any

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1 device which is designed for the purpose of protecting the

2 wearer from bullets, shot or other lethal projectiles;

3 (14) the defendant held a position of trust or

4 supervision such as, but not limited to, family member as

5 defined in Section 11-0.1 of the Criminal Code of 2012,

6 teacher, scout leader, baby sitter, or day care worker, in

7 relation to a victim under 18 years of age, and the

8 defendant committed an offense in violation of Section

9 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,

10 11-14.4 except for an offense that involves keeping a

11 place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

12 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15

13 or 12-16 of the Criminal Code of 1961 or the Criminal Code

14 of 2012 against that victim;

15 (15) the defendant committed an offense related to the

16 activities of an organized gang. For the purposes of this

17 factor, "organized gang" has the meaning ascribed to it in

18 Section 10 of the Streetgang Terrorism Omnibus Prevention

19 Act;

20 (16) the defendant committed an offense in violation

21 of one of the following Sections while in a school,

22 regardless of the time of day or time of year; on any

23 conveyance owned, leased, or contracted by a school to

24 transport students to or from school or a school related

25 activity; on the real property of a school; or on a public

26 way within 1,000 feet of the real property comprising any

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1 school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,

2 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,

3 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,

4 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,

5 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except

6 for subdivision (a)(4) or (g)(1), of the Criminal Code of

7 1961 or the Criminal Code of 2012;

8 (16.5) the defendant committed an offense in violation

9 of one of the following Sections while in a day care

10 center, regardless of the time of day or time of year; on

11 the real property of a day care center, regardless of the

12 time of day or time of year; or on a public way within

13 1,000 feet of the real property comprising any day care

14 center, regardless of the time of day or time of year:

15 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,

16 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

17 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,

18 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,

19 18-2, or 33A-2, or Section 12-3.05 except for subdivision

20 (a)(4) or (g)(1), of the Criminal Code of 1961 or the

21 Criminal Code of 2012;

22 (17) the defendant committed the offense by reason of

23 any person's activity as a community policing volunteer or

24 to prevent any person from engaging in activity as a

25 community policing volunteer. For the purpose of this

26 Section, "community policing volunteer" has the meaning

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1 ascribed to it in Section 2-3.5 of the Criminal Code of

2 2012;

3 (18) the defendant committed the offense in a nursing

4 home or on the real property comprising a nursing home.

5 For the purposes of this paragraph (18), "nursing home"

6 means a skilled nursing or intermediate long term care

7 facility that is subject to license by the Illinois

8 Department of Public Health under the Nursing Home Care

9 Act, the Specialized Mental Health Rehabilitation Act of

10 2013, the ID/DD Community Care Act, or the MC/DD Act;

11 (19) the defendant was a federally licensed firearm

12 dealer and was previously convicted of a violation of

13 subsection (a) of Section 3 of the Firearm Owners

14 Identification Card Act and has now committed either a

15 felony violation of the Firearm Owners Identification Card

16 Act or an act of armed violence while armed with a firearm;

17 (20) the defendant (i) committed the offense of

18 reckless homicide under Section 9-3 of the Criminal Code

19 of 1961 or the Criminal Code of 2012 or the offense of

20 driving under the influence of alcohol, other drug or

21 drugs, intoxicating compound or compounds or any

22 combination thereof under Section 11-501 of the Illinois

23 Vehicle Code or a similar provision of a local ordinance

24 and (ii) was operating a motor vehicle in excess of 20

25 miles per hour over the posted speed limit as provided in

26 Article VI of Chapter 11 of the Illinois Vehicle Code;

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1 (21) the defendant (i) committed the offense of

2 reckless driving or aggravated reckless driving under

3 Section 11-503 of the Illinois Vehicle Code and (ii) was

4 operating a motor vehicle in excess of 20 miles per hour

5 over the posted speed limit as provided in Article VI of

6 Chapter 11 of the Illinois Vehicle Code;

7 (22) the defendant committed the offense against a

8 person that the defendant knew, or reasonably should have

9 known, was a member of the Armed Forces of the United

10 States serving on active duty. For purposes of this clause

11 (22), the term "Armed Forces" means any of the Armed

12 Forces of the United States, including a member of any

13 reserve component thereof or National Guard unit called to

14 active duty;

15 (23) the defendant committed the offense against a

16 person who was elderly or infirm or who was a person with a

17 disability by taking advantage of a family or fiduciary

18 relationship with the elderly or infirm person or person

19 with a disability;

20 (24) the defendant committed any offense under Section

21 11-20.1 of the Criminal Code of 1961 or the Criminal Code

22 of 2012 and possessed 100 or more images;

23 (25) the defendant committed the offense while the

24 defendant or the victim was in a train, bus, or other

25 vehicle used for public transportation;

26 (26) the defendant committed the offense of child

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1 pornography or aggravated child pornography, specifically

2 including paragraph (1), (2), (3), (4), (5), or (7) of

3 subsection (a) of Section 11-20.1 of the Criminal Code of

4 1961 or the Criminal Code of 2012 where a child engaged in,

5 solicited for, depicted in, or posed in any act of sexual

6 penetration or bound, fettered, or subject to sadistic,

7 masochistic, or sadomasochistic abuse in a sexual context

8 and specifically including paragraph (1), (2), (3), (4),

9 (5), or (7) of subsection (a) of Section 11-20.1B or

10 Section 11-20.3 of the Criminal Code of 1961 where a child

11 engaged in, solicited for, depicted in, or posed in any

12 act of sexual penetration or bound, fettered, or subject

13 to sadistic, masochistic, or sadomasochistic abuse in a

14 sexual context;

15 (27) the defendant committed the offense of first

16 degree murder, assault, aggravated assault, battery,

17 aggravated battery, robbery, armed robbery, or aggravated

18 robbery against a person who was a veteran and the

19 defendant knew, or reasonably should have known, that the

20 person was a veteran performing duties as a representative

21 of a veterans' organization. For the purposes of this

22 paragraph (27), "veteran" means an Illinois resident who

23 has served as a member of the United States Armed Forces, a

24 member of the Illinois National Guard, or a member of the

25 United States Reserve Forces; and "veterans' organization"

26 means an organization comprised of members of which

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1 substantially all are individuals who are veterans or

2 spouses, widows, or widowers of veterans, the primary

3 purpose of which is to promote the welfare of its members

4 and to provide assistance to the general public in such a

5 way as to confer a public benefit;

6 (28) the defendant committed the offense of assault,

7 aggravated assault, battery, aggravated battery, robbery,

8 armed robbery, or aggravated robbery against a person that

9 the defendant knew or reasonably should have known was a

10 letter carrier or postal worker while that person was

11 performing his or her duties delivering mail for the

12 United States Postal Service;

13 (29) the defendant committed the offense of criminal

14 sexual assault, aggravated criminal sexual assault,

15 criminal sexual abuse, or aggravated criminal sexual abuse

16 against a victim with an intellectual disability, and the

17 defendant holds a position of trust, authority, or

18 supervision in relation to the victim;

19 (30) the defendant committed the offense of promoting

20 juvenile prostitution, patronizing a prostitute, or

21 patronizing a minor engaged in prostitution and at the

22 time of the commission of the offense knew that the

23 prostitute or minor engaged in prostitution was in the

24 custody or guardianship of the Department of Children and

25 Family Services;

26 (31) the defendant (i) committed the offense of

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1 driving while under the influence of alcohol, other drug

2 or drugs, intoxicating compound or compounds or any

3 combination thereof in violation of Section 11-501 of the

4 Illinois Vehicle Code or a similar provision of a local

5 ordinance and (ii) the defendant during the commission of

6 the offense was driving his or her vehicle upon a roadway

7 designated for one-way traffic in the opposite direction

8 of the direction indicated by official traffic control

9 devices;

10 (32) the defendant committed the offense of reckless

11 homicide while committing a violation of Section 11-907 of

12 the Illinois Vehicle Code;

13 (33) the defendant was found guilty of an

14 administrative infraction related to an act or acts of

15 public indecency or sexual misconduct in the penal

16 institution. In this paragraph (33), "penal institution"

17 has the same meaning as in Section 2-14 of the Criminal

18 Code of 2012; or

19 (34) the defendant committed the offense of leaving

20 the scene of a crash in violation of subsection (b) of

21 Section 11-401 of the Illinois Vehicle Code and the crash

22 resulted in the death of a person and at the time of the

23 offense, the defendant was: (i) driving under the

24 influence of alcohol, other drug or drugs, intoxicating

25 compound or compounds or any combination thereof as

26 defined by Section 11-501 of the Illinois Vehicle Code; or

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1 (ii) operating the motor vehicle while using an electronic

2 communication device as defined in Section 12-610.2 of the

3 Illinois Vehicle Code.

4 For the purposes of this Section:

5 "School" is defined as a public or private elementary or

6 secondary school, community college, college, or university.

7 "Day care center" means a public or private State

8 certified and licensed day care center as defined in Section

9 2.09 of the Child Care Act of 1969 that displays a sign in

10 plain view stating that the property is a day care center.

11 "Intellectual disability" means significantly subaverage

12 intellectual functioning which exists concurrently with

13 impairment in adaptive behavior.

14 "Public transportation" means the transportation or

15 conveyance of persons by means available to the general

16 public, and includes paratransit services.

17 "Traffic control devices" means all signs, signals,

18 markings, and devices that conform to the Illinois Manual on

19 Uniform Traffic Control Devices, placed or erected by

20 authority of a public body or official having jurisdiction,

21 for the purpose of regulating, warning, or guiding traffic.

22 (b) The following factors, related to all felonies, may be

23 considered by the court as reasons to impose an extended term

24 sentence under Section 5-8-2 upon any offender:

25 (1) When a defendant is convicted of any felony, after

26 having been previously convicted in Illinois or any other

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1 jurisdiction of the same or similar class felony or

2 greater class felony, when such conviction has occurred

3 within 10 years after the previous conviction, excluding

4 time spent in custody, and such charges are separately

5 brought and tried and arise out of different series of

6 acts; or

7 (2) When a defendant is convicted of any felony and

8 the court finds that the offense was accompanied by

9 exceptionally brutal or heinous behavior indicative of

10 wanton cruelty; or

11 (3) When a defendant is convicted of any felony

12 committed against:

13 (i) a person under 12 years of age at the time of

14 the offense or such person's property;

15 (ii) a person 60 years of age or older at the time

16 of the offense or such person's property; or

17 (iii) a person who had a physical disability at

18 the time of the offense or such person's property; or

19 (4) When a defendant is convicted of any felony and

20 the offense involved any of the following types of

21 specific misconduct committed as part of a ceremony, rite,

22 initiation, observance, performance, practice or activity

23 of any actual or ostensible religious, fraternal, or

24 social group:

25 (i) the brutalizing or torturing of humans or

26 animals;

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1 (ii) the theft of human corpses;

2 (iii) the kidnapping of humans;

3 (iv) the desecration of any cemetery, religious,

4 fraternal, business, governmental, educational, or

5 other building or property; or

6 (v) ritualized abuse of a child; or

7 (5) When a defendant is convicted of a felony other

8 than conspiracy and the court finds that the felony was

9 committed under an agreement with 2 or more other persons

10 to commit that offense and the defendant, with respect to

11 the other individuals, occupied a position of organizer,

12 supervisor, financier, or any other position of management

13 or leadership, and the court further finds that the felony

14 committed was related to or in furtherance of the criminal

15 activities of an organized gang or was motivated by the

16 defendant's leadership in an organized gang; or

17 (6) When a defendant is convicted of an offense

18 committed while using a firearm with a laser sight

19 attached to it. For purposes of this paragraph, "laser

20 sight" has the meaning ascribed to it in Section 26-7 of

21 the Criminal Code of 2012; or

22 (7) When a defendant who was at least 17 years of age

23 at the time of the commission of the offense is convicted

24 of a felony and has been previously adjudicated a

25 delinquent minor under the Juvenile Court Act of 1987 for

26 an act that if committed by an adult would be a Class X or

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1 Class 1 felony when the conviction has occurred within 10

2 years after the previous adjudication, excluding time

3 spent in custody; or

4 (8) When a defendant commits any felony and the

5 defendant used, possessed, exercised control over, or

6 otherwise directed an animal to assault a law enforcement

7 officer engaged in the execution of his or her official

8 duties or in furtherance of the criminal activities of an

9 organized gang in which the defendant is engaged; or

10 (9) When a defendant commits any felony and the

11 defendant knowingly video or audio records the offense

12 with the intent to disseminate the recording.

13 (c) The following factors may be considered by the court

14 as reasons to impose an extended term sentence under Section

15 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed

16 offenses:

17 (1) When a defendant is convicted of first degree

18 murder, after having been previously convicted in Illinois

19 of any offense listed under paragraph (c)(2) of Section

20 5-5-3 (730 ILCS 5/5-5-3), when that conviction has

21 occurred within 10 years after the previous conviction,

22 excluding time spent in custody, and the charges are

23 separately brought and tried and arise out of different

24 series of acts.

25 (1.5) When a defendant is convicted of first degree

26 murder, after having been previously convicted of domestic

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1 battery (720 ILCS 5/12-3.2) or aggravated domestic battery

2 (720 ILCS 5/12-3.3) committed on the same victim or after

3 having been previously convicted of violation of an order

4 of protection (720 ILCS 5/12-30) in which the same victim

5 was the protected person.

6 (2) When a defendant is convicted of voluntary

7 manslaughter, second degree murder, involuntary

8 manslaughter, or reckless homicide in which the defendant

9 has been convicted of causing the death of more than one

10 individual.

11 (3) When a defendant is convicted of aggravated

12 criminal sexual assault or criminal sexual assault, when

13 there is a finding that aggravated criminal sexual assault

14 or criminal sexual assault was also committed on the same

15 victim by one or more other individuals, and the defendant

16 voluntarily participated in the crime with the knowledge

17 of the participation of the others in the crime, and the

18 commission of the crime was part of a single course of

19 conduct during which there was no substantial change in

20 the nature of the criminal objective.

21 (4) If the victim was under 18 years of age at the time

22 of the commission of the offense, when a defendant is

23 convicted of aggravated criminal sexual assault or

24 predatory criminal sexual assault of a child under

25 subsection (a)(1) of Section 11-1.40 or subsection (a)(1)

26 of Section 12-14.1 of the Criminal Code of 1961 or the

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1 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).

2 (5) When a defendant is convicted of a felony

3 violation of Section 24-1 of the Criminal Code of 1961 or

4 the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a

5 finding that the defendant is a member of an organized

6 gang.

7 (6) When a defendant was convicted of unlawful use of

8 weapons under Section 24-1 of the Criminal Code of 1961 or

9 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing

10 a weapon that is not readily distinguishable as one of the

11 weapons enumerated in Section 24-1 of the Criminal Code of

12 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).

13 (7) When a defendant is convicted of an offense

14 involving the illegal manufacture of a controlled

15 substance under Section 401 of the Illinois Controlled

16 Substances Act (720 ILCS 570/401), the illegal manufacture

17 of methamphetamine under Section 25 of the Methamphetamine

18 Control and Community Protection Act (720 ILCS 646/25), or

19 the illegal possession of explosives and an emergency

20 response officer in the performance of his or her duties

21 is killed or injured at the scene of the offense while

22 responding to the emergency caused by the commission of

23 the offense. In this paragraph, "emergency" means a

24 situation in which a person's life, health, or safety is

25 in jeopardy; and "emergency response officer" means a

26 peace officer, community policing volunteer, fireman,

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1 emergency medical technician-ambulance, emergency medical

2 technician-intermediate, emergency medical

3 technician-paramedic, ambulance driver, other medical

4 assistance or first aid personnel, or hospital emergency

5 room personnel.

6 (8) When the defendant is convicted of attempted mob

7 action, solicitation to commit mob action, or conspiracy

8 to commit mob action under Section 8-1, 8-2, or 8-4 of the

9 Criminal Code of 2012, where the criminal object is a

10 violation of Section 25-1 of the Criminal Code of 2012,

11 and an electronic communication is used in the commission

12 of the offense. For the purposes of this paragraph (8),

13 "electronic communication" shall have the meaning provided

14 in Section 26.5-0.1 of the Criminal Code of 2012.

15 (d) For the purposes of this Section, "organized gang" has

16 the meaning ascribed to it in Section 10 of the Illinois

17 Streetgang Terrorism Omnibus Prevention Act.

18 (e) The court may impose an extended term sentence under

19 Article 4.5 of Chapter V upon an offender who has been

20 convicted of a felony violation of Section 11-1.20, 11-1.30,

21 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or

22 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012

23 when the victim of the offense is under 18 years of age at the

24 time of the commission of the offense and, during the

25 commission of the offense, the victim was under the influence

26 of alcohol, regardless of whether or not the alcohol was

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1 supplied by the offender; and the offender, at the time of the

2 commission of the offense, knew or should have known that the

3 victim had consumed alcohol.

4 (Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;

5 101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.

6 8-20-21; 102-982, eff. 7-1-23.)

7 (730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)

8 Sec. 5-6-4. Violation, modification or revocation of

9 probation, of conditional discharge or supervision or of a

10 sentence of county impact incarceration - hearing.

11 (a) Except in cases where conditional discharge or

12 supervision was imposed for a petty offense as defined in

13 Section 5-1-17, when a petition is filed charging a violation

14 of a condition, the court may:

15 (1) in the case of probation violations, order the

16 issuance of a notice to the offender to be present by the

17 County Probation Department or such other agency

18 designated by the court to handle probation matters; and

19 in the case of conditional discharge or supervision

20 violations, such notice to the offender shall be issued by

21 the Circuit Court Clerk; and in the case of a violation of

22 a sentence of county impact incarceration, such notice

23 shall be issued by the Sheriff;

24 (2) order a summons to the offender to be present for

25 hearing; or

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1 (3) order a warrant for the offender's arrest where

2 there is danger of his fleeing the jurisdiction or causing

3 serious harm to others or when the offender fails to

4 answer a summons or notice from the clerk of the court or

5 Sheriff.

6 Personal service of the petition for violation of

7 probation or the issuance of such warrant, summons or notice

8 shall toll the period of probation, conditional discharge,

9 supervision, or sentence of county impact incarceration until

10 the final determination of the charge, and the term of

11 probation, conditional discharge, supervision, or sentence of

12 county impact incarceration shall not run until the hearing

13 and disposition of the petition for violation.

14 (b) The court shall conduct a hearing of the alleged

15 violation. The court shall admit the offender to bail ~~pretrial~~

16 ~~release~~ pending the hearing unless the alleged violation is

17 itself a criminal offense in which case the offender shall be

18 admitted to bail ~~pretrial release~~ on such terms as are

19 provided in the Code of Criminal Procedure of 1963, as

20 amended. In any case where an offender remains incarcerated

21 only as a result of his alleged violation of the court's

22 earlier order of probation, supervision, conditional

23 discharge, or county impact incarceration such hearing shall

24 be held within 14 days of the onset of said incarceration,

25 unless the alleged violation is the commission of another

26 offense by the offender during the period of probation,

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1 supervision or conditional discharge in which case such

2 hearing shall be held within the time limits described in

3 Section 103-5 of the Code of Criminal Procedure of 1963, as

4 amended.

5 (c) The State has the burden of going forward with the

6 evidence and proving the violation by the preponderance of the

7 evidence. The evidence shall be presented in open court with

8 the right of confrontation, cross-examination, and

9 representation by counsel.

10 (d) Probation, conditional discharge, periodic

11 imprisonment and supervision shall not be revoked for failure

12 to comply with conditions of a sentence or supervision, which

13 imposes financial obligations upon the offender unless such

14 failure is due to his willful refusal to pay.

15 (e) If the court finds that the offender has violated a

16 condition at any time prior to the expiration or termination

17 of the period, it may continue him on the existing sentence,

18 with or without modifying or enlarging the conditions, or may

19 impose any other sentence that was available under Article 4.5

20 of Chapter V of this Code or Section 11-501 of the Illinois

21 Vehicle Code at the time of initial sentencing. If the court

22 finds that the person has failed to successfully complete his

23 or her sentence to a county impact incarceration program, the

24 court may impose any other sentence that was available under

25 Article 4.5 of Chapter V of this Code or Section 11-501 of the

26 Illinois Vehicle Code at the time of initial sentencing,

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1 except for a sentence of probation or conditional discharge.

2 If the court finds that the offender has violated paragraph

3 (8.6) of subsection (a) of Section 5-6-3, the court shall

4 revoke the probation of the offender. If the court finds that

5 the offender has violated subsection (o) of Section 5-6-3.1,

6 the court shall revoke the supervision of the offender.

7 (f) The conditions of probation, of conditional discharge,

8 of supervision, or of a sentence of county impact

9 incarceration may be modified by the court on motion of the

10 supervising agency or on its own motion or at the request of

11 the offender after notice and a hearing.

12 (g) A judgment revoking supervision, probation,

13 conditional discharge, or a sentence of county impact

14 incarceration is a final appealable order.

15 (h) Resentencing after revocation of probation,

16 conditional discharge, supervision, or a sentence of county

17 impact incarceration shall be under Article 4. The term on

18 probation, conditional discharge or supervision shall not be

19 credited by the court against a sentence of imprisonment or

20 periodic imprisonment unless the court orders otherwise. The

21 amount of credit to be applied against a sentence of

22 imprisonment or periodic imprisonment when the defendant

23 served a term or partial term of periodic imprisonment shall

24 be calculated upon the basis of the actual days spent in

25 confinement rather than the duration of the term.

26 (i) Instead of filing a violation of probation,

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1 conditional discharge, supervision, or a sentence of county

2 impact incarceration, an agent or employee of the supervising

3 agency with the concurrence of his or her supervisor may serve

4 on the defendant a Notice of Intermediate Sanctions. The

5 Notice shall contain the technical violation or violations

6 involved, the date or dates of the violation or violations,

7 and the intermediate sanctions to be imposed. Upon receipt of

8 the Notice, the defendant shall immediately accept or reject

9 the intermediate sanctions. If the sanctions are accepted,

10 they shall be imposed immediately. If the intermediate

11 sanctions are rejected or the defendant does not respond to

12 the Notice, a violation of probation, conditional discharge,

13 supervision, or a sentence of county impact incarceration

14 shall be immediately filed with the court. The State's

15 Attorney and the sentencing court shall be notified of the

16 Notice of Sanctions. Upon successful completion of the

17 intermediate sanctions, a court may not revoke probation,

18 conditional discharge, supervision, or a sentence of county

19 impact incarceration or impose additional sanctions for the

20 same violation. A notice of intermediate sanctions may not be

21 issued for any violation of probation, conditional discharge,

22 supervision, or a sentence of county impact incarceration

23 which could warrant an additional, separate felony charge. The

24 intermediate sanctions shall include a term of home detention

25 as provided in Article 8A of Chapter V of this Code for

26 multiple or repeat violations of the terms and conditions of a

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1 sentence of probation, conditional discharge, or supervision.

2 (j) When an offender is re-sentenced after revocation of

3 probation that was imposed in combination with a sentence of

4 imprisonment for the same offense, the aggregate of the

5 sentences may not exceed the maximum term authorized under

6 Article 4.5 of Chapter V.

7 (k)(1) On and after the effective date of this amendatory

8 Act of the 101st General Assembly, this subsection (k) shall

9 apply to arrest warrants in Cook County only. An arrest

10 warrant issued under paragraph (3) of subsection (a) when the

11 underlying conviction is for the offense of theft, retail

12 theft, or possession of a controlled substance shall remain

13 active for a period not to exceed 10 years from the date the

14 warrant was issued unless a motion to extend the warrant is

15 filed by the office of the State's Attorney or by, or on behalf

16 of, the agency supervising the wanted person. A motion to

17 extend the warrant shall be filed within one year before the

18 warrant expiration date and notice shall be provided to the

19 office of the sheriff.

20 (2) If a motion to extend a warrant issued under paragraph

21 (3) of subsection (a) is not filed, the warrant shall be

22 quashed and recalled as a matter of law under paragraph (1) of

23 this subsection (k) and the wanted person's period of

24 probation, conditional discharge, or supervision shall

25 terminate unsatisfactorily as a matter of law.

26 (Source: P.A. 101-406, eff. 1-1-20; 101-652, eff. 1-1-23.)

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1 (730 ILCS 5/5-6-4.1) (from Ch. 38, par. 1005-6-4.1)

2 Sec. 5-6-4.1. Violation, modification or revocation of

3 conditional discharge or supervision - hearing.)

4 (a) In cases where a defendant was placed upon supervision

5 or conditional discharge for the commission of a petty

6 offense, upon the oral or written motion of the State, or on

7 the court's own motion, which charges that a violation of a

8 condition of that conditional discharge or supervision has

9 occurred, the court may:

10 (1) conduct a hearing instanter if the offender is

11 present in court;

12 (2) order the issuance by the court clerk of a notice

13 to the offender to be present for a hearing for violation;

14 (3) order summons to the offender to be present; or

15 (4) order a warrant for the offender's arrest.

16 The oral motion, if the defendant is present, or the

17 issuance of such warrant, summons or notice shall toll the

18 period of conditional discharge or supervision until the final

19 determination of the charge, and the term of conditional

20 discharge or supervision shall not run until the hearing and

21 disposition of the petition for violation.

22 (b) The Court shall admit the offender to bail ~~pretrial~~

23 ~~release~~ pending the hearing.

24 (c) The State has the burden of going forward with the

25 evidence and proving the violation by the preponderance of the

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1 evidence. The evidence shall be presented in open court with

2 the right of confrontation, cross-examination, and

3 representation by counsel.

4 (d) Conditional discharge or supervision shall not be

5 revoked for failure to comply with the conditions of the

6 discharge or supervision which imposed financial obligations

7 upon the offender unless such failure is due to his wilful

8 refusal to pay.

9 (e) If the court finds that the offender has violated a

10 condition at any time prior to the expiration or termination

11 of the period, it may continue him on the existing sentence or

12 supervision with or without modifying or enlarging the

13 conditions, or may impose any other sentence that was

14 available under Article 4.5 of Chapter V of this Code or

15 Section 11-501 of the Illinois Vehicle Code at the time of

16 initial sentencing.

17 (f) The conditions of conditional discharge and of

18 supervision may be modified by the court on motion of the

19 probation officer or on its own motion or at the request of the

20 offender after notice to the defendant and a hearing.

21 (g) A judgment revoking supervision is a final appealable

22 order.

23 (h) Resentencing after revocation of conditional discharge

24 or of supervision shall be under Article 4. Time served on

25 conditional discharge or supervision shall be credited by the

26 court against a sentence of imprisonment or periodic

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1 imprisonment unless the court orders otherwise.

2 (Source: P.A. 101-652, eff. 1-1-23.)

3 (730 ILCS 5/5-8A-7)

4 Sec. 5-8A-7. Domestic violence surveillance program. If

5 the Prisoner Review Board, Department of Corrections,

6 Department of Juvenile Justice, or court (the supervising

7 authority) orders electronic surveillance as a condition of

8 parole, aftercare release, mandatory supervised release, early

9 release, probation, or conditional discharge for a violation

10 of an order of protection or as a condition of bail ~~pretrial~~

11 ~~release~~ for a person charged with a violation of an order of

12 protection, the supervising authority shall use the best

13 available global positioning technology to track domestic

14 violence offenders. Best available technology must have

15 real-time and interactive capabilities that facilitate the

16 following objectives: (1) immediate notification to the

17 supervising authority of a breach of a court ordered exclusion

18 zone; (2) notification of the breach to the offender; and (3)

19 communication between the supervising authority, law

20 enforcement, and the victim, regarding the breach. The

21 supervising authority may also require that the electronic

22 surveillance ordered under this Section monitor the

23 consumption of alcohol or drugs.

24 (Source: P.A. 100-201, eff. 8-18-17; 101-652, eff. 1-1-23.)

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1 (730 ILCS 5/8-2-1) (from Ch. 38, par. 1008-2-1)

2 Sec. 8-2-1. Saving clause. The repeal of Acts or parts of

3 Acts enumerated in Section 8-5-1 does not: (1) affect any

4 offense committed, act done, prosecution pending, penalty,

5 punishment or forfeiture incurred, or rights, powers or

6 remedies accrued under any law in effect immediately prior to

7 the effective date of this Code; (2) impair, avoid, or affect

8 any grant or conveyance made or right acquired or cause of

9 action then existing under any such repealed Act or amendment

10 thereto; (3) affect or impair the validity of any bail or other

11 bond ~~pretrial release~~ or other obligation issued or sold and

12 constituting a valid obligation of the issuing authority

13 immediately prior to the effective date of this Code; (4) the

14 validity of any contract; or (5) the validity of any tax levied

15 under any law in effect prior to the effective date of this

16 Code. The repeal of any validating Act or part thereof shall

17 not avoid the effect of the validation. No Act repealed by

18 Section 8-5-1 shall repeal any Act or part thereof which

19 embraces the same or a similar subject matter as the Act

20 repealed.

21 (Source: P.A. 101-652, eff. 1-1-23.)

22 Section 295. The Unified Code of Corrections is amended by

23 changing Sections 3-6-3, 5-4-1, 5-4.5-95, 5-4.5-100, 5-8-1,

24 5-8-4, 5-8-6, 5-8A-2, 5-8A-4, and 5-8A-4.1 as follows:

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1 (730 ILCS 5/3-6-3)

2 Sec. 3-6-3. Rules and regulations for sentence credit.

3 (a)(1) The Department of Corrections shall prescribe rules

4 and regulations for awarding and revoking sentence credit for

5 persons committed to the Department of Corrections and the

6 Department of Juvenile Justice shall prescribe rules and

7 regulations for awarding and revoking sentence credit for

8 persons committed to the Department of Juvenile Justice under

9 Section 5-8-6 of the Unified Code of Corrections, which shall

10 be subject to review by the Prisoner Review Board.

11 (1.5) As otherwise provided by law, sentence credit may be

12 awarded for the following:

13 (A) successful completion of programming while in

14 custody of the Department of Corrections or the Department

15 of Juvenile Justice or while in custody prior to

16 sentencing;

17 (B) compliance with the rules and regulations of the

18 Department; or

19 (C) service to the institution, service to a

20 community, or service to the State.

21 (2) Except as provided in paragraph (4.7) of this

22 subsection (a), the rules and regulations on sentence credit

23 shall provide, with respect to offenses listed in clause (i),

24 (ii), or (iii) of this paragraph (2) committed on or after June

25 19, 1998 or with respect to the offense listed in clause (iv)

26 of this paragraph (2) committed on or after June 23, 2005 (the

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1 effective date of Public Act 94-71) or with respect to offense

2 listed in clause (vi) committed on or after June 1, 2008 (the

3 effective date of Public Act 95-625) or with respect to the

4 offense of being an armed habitual criminal committed on or

5 after August 2, 2005 (the effective date of Public Act 94-398)

6 or with respect to the offenses listed in clause (v) of this

7 paragraph (2) committed on or after August 13, 2007 (the

8 effective date of Public Act 95-134) or with respect to the

9 offense of aggravated domestic battery committed on or after

10 July 23, 2010 (the effective date of Public Act 96-1224) or

11 with respect to the offense of attempt to commit terrorism

12 committed on or after January 1, 2013 (the effective date of

13 Public Act 97-990), the following:

14 (i) that a prisoner who is serving a term of

15 imprisonment for first degree murder or for the offense of

16 terrorism shall receive no sentence credit and shall serve

17 the entire sentence imposed by the court;

18 (ii) that a prisoner serving a sentence for attempt to

19 commit terrorism, attempt to commit first degree murder,

20 solicitation of murder, solicitation of murder for hire,

21 intentional homicide of an unborn child, predatory

22 criminal sexual assault of a child, aggravated criminal

23 sexual assault, criminal sexual assault, aggravated

24 kidnapping, aggravated battery with a firearm as described

25 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),

26 or (e)(4) of Section 12-3.05, heinous battery as described

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1 in Section 12-4.1 or subdivision (a)(2) of Section

2 12-3.05, being an armed habitual criminal, aggravated

3 battery of a senior citizen as described in Section 12-4.6

4 or subdivision (a)(4) of Section 12-3.05, or aggravated

5 battery of a child as described in Section 12-4.3 or

6 subdivision (b)(1) of Section 12-3.05 shall receive no

7 more than 4.5 days of sentence credit for each month of his

8 or her sentence of imprisonment;

9 (iii) that a prisoner serving a sentence for home

10 invasion, armed robbery, aggravated vehicular hijacking,

11 aggravated discharge of a firearm, or armed violence with

12 a category I weapon or category II weapon, when the court

13 has made and entered a finding, pursuant to subsection

14 (c-1) of Section 5-4-1 of this Code, that the conduct

15 leading to conviction for the enumerated offense resulted

16 in great bodily harm to a victim, shall receive no more

17 than 4.5 days of sentence credit for each month of his or

18 her sentence of imprisonment;

19 (iv) that a prisoner serving a sentence for aggravated

20 discharge of a firearm, whether or not the conduct leading

21 to conviction for the offense resulted in great bodily

22 harm to the victim, shall receive no more than 4.5 days of

23 sentence credit for each month of his or her sentence of

24 imprisonment;

25 (v) that a person serving a sentence for gunrunning,

26 narcotics racketeering, controlled substance trafficking,

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1 methamphetamine trafficking, drug-induced homicide,

2 aggravated methamphetamine-related child endangerment,

3 money laundering pursuant to clause (c) (4) or (5) of

4 Section 29B-1 of the Criminal Code of 1961 or the Criminal

5 Code of 2012, or a Class X felony conviction for delivery

6 of a controlled substance, possession of a controlled

7 substance with intent to manufacture or deliver,

8 calculated criminal drug conspiracy, criminal drug

9 conspiracy, street gang criminal drug conspiracy,

10 participation in methamphetamine manufacturing,

11 aggravated participation in methamphetamine

12 manufacturing, delivery of methamphetamine, possession

13 with intent to deliver methamphetamine, aggravated

14 delivery of methamphetamine, aggravated possession with

15 intent to deliver methamphetamine, methamphetamine

16 conspiracy when the substance containing the controlled

17 substance or methamphetamine is 100 grams or more shall

18 receive no more than 7.5 days sentence credit for each

19 month of his or her sentence of imprisonment;

20 (vi) that a prisoner serving a sentence for a second

21 or subsequent offense of luring a minor shall receive no

22 more than 4.5 days of sentence credit for each month of his

23 or her sentence of imprisonment; and

24 (vii) that a prisoner serving a sentence for

25 aggravated domestic battery shall receive no more than 4.5

26 days of sentence credit for each month of his or her

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1 sentence of imprisonment.

2 (2.1) For all offenses, other than those enumerated in

3 subdivision (a)(2)(i), (ii), or (iii) committed on or after

4 June 19, 1998 or subdivision (a)(2)(iv) committed on or after

5 June 23, 2005 (the effective date of Public Act 94-71) or

6 subdivision (a)(2)(v) committed on or after August 13, 2007

7 (the effective date of Public Act 95-134) or subdivision

8 (a)(2)(vi) committed on or after June 1, 2008 (the effective

9 date of Public Act 95-625) or subdivision (a)(2)(vii)

10 committed on or after July 23, 2010 (the effective date of

11 Public Act 96-1224), and other than the offense of aggravated

12 driving under the influence of alcohol, other drug or drugs,

13 or intoxicating compound or compounds, or any combination

14 thereof as defined in subparagraph (F) of paragraph (1) of

15 subsection (d) of Section 11-501 of the Illinois Vehicle Code,

16 and other than the offense of aggravated driving under the

17 influence of alcohol, other drug or drugs, or intoxicating

18 compound or compounds, or any combination thereof as defined

19 in subparagraph (C) of paragraph (1) of subsection (d) of

20 Section 11-501 of the Illinois Vehicle Code committed on or

21 after January 1, 2011 (the effective date of Public Act

22 96-1230), the rules and regulations shall provide that a

23 prisoner who is serving a term of imprisonment shall receive

24 one day of sentence credit for each day of his or her sentence

25 of imprisonment or recommitment under Section 3-3-9. Each day

26 of sentence credit shall reduce by one day the prisoner's

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1 period of imprisonment or recommitment under Section 3-3-9.

2 (2.2) A prisoner serving a term of natural life

3 imprisonment shall receive no sentence credit.

4 (2.3) Except as provided in paragraph (4.7) of this

5 subsection (a), the rules and regulations on sentence credit

6 shall provide that a prisoner who is serving a sentence for

7 aggravated driving under the influence of alcohol, other drug

8 or drugs, or intoxicating compound or compounds, or any

9 combination thereof as defined in subparagraph (F) of

10 paragraph (1) of subsection (d) of Section 11-501 of the

11 Illinois Vehicle Code, shall receive no more than 4.5 days of

12 sentence credit for each month of his or her sentence of

13 imprisonment.

14 (2.4) Except as provided in paragraph (4.7) of this

15 subsection (a), the rules and regulations on sentence credit

16 shall provide with respect to the offenses of aggravated

17 battery with a machine gun or a firearm equipped with any

18 device or attachment designed or used for silencing the report

19 of a firearm or aggravated discharge of a machine gun or a

20 firearm equipped with any device or attachment designed or

21 used for silencing the report of a firearm, committed on or

22 after July 15, 1999 (the effective date of Public Act 91-121),

23 that a prisoner serving a sentence for any of these offenses

24 shall receive no more than 4.5 days of sentence credit for each

25 month of his or her sentence of imprisonment.

26 (2.5) Except as provided in paragraph (4.7) of this

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1 subsection (a), the rules and regulations on sentence credit

2 shall provide that a prisoner who is serving a sentence for

3 aggravated arson committed on or after July 27, 2001 (the

4 effective date of Public Act 92-176) shall receive no more

5 than 4.5 days of sentence credit for each month of his or her

6 sentence of imprisonment.

7 (2.6) Except as provided in paragraph (4.7) of this

8 subsection (a), the rules and regulations on sentence credit

9 shall provide that a prisoner who is serving a sentence for

10 aggravated driving under the influence of alcohol, other drug

11 or drugs, or intoxicating compound or compounds or any

12 combination thereof as defined in subparagraph (C) of

13 paragraph (1) of subsection (d) of Section 11-501 of the

14 Illinois Vehicle Code committed on or after January 1, 2011

15 (the effective date of Public Act 96-1230) shall receive no

16 more than 4.5 days of sentence credit for each month of his or

17 her sentence of imprisonment.

18 (3) In addition to the sentence credits earned under

19 paragraphs (2.1), (4), (4.1), ~~(4.2),~~ and (4.7) of this

20 subsection (a), the rules and ~~regulations shall also provide~~

21 ~~that the Director of Corrections or the Director of Juvenile~~

22 ~~Justice may award up to 180 days of earned sentence credit for~~

23 ~~prisoners serving a sentence of incarceration of less than 5~~

24 ~~years, and up to 365 days of earned sentence credit for~~

25 ~~prisoners serving a sentence of 5 years or longer. The~~

26 ~~Director may grant this credit~~ for good conduct in specific

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1 instances as the ~~either~~ Director deems proper ~~for eligible~~

2 ~~persons in the custody of each Director's respective~~

3 ~~Department~~. The good conduct may include, but is not limited

4 to, compliance with the rules and regulations of the

5 Department, service to the Department, service to a community,

6 or service to the State.

7 Eligible inmates for an award of earned sentence credit

8 under this paragraph (3) may be selected to receive the credit

9 at the ~~either~~ Director's or his or her designee's sole

10 discretion. Eligibility for the additional earned sentence

11 credit under this paragraph (3) shall ~~may~~ be based on, but is

12 not limited to, ~~participation in programming offered by the~~

13 ~~Department as appropriate for the prisoner based on~~ the

14 results of any available risk/needs assessment or other

15 relevant assessments or evaluations administered by the

16 Department using a validated instrument, the circumstances of

17 the crime, any ~~demonstrated commitment to rehabilitation by a~~

18 prisoner with a history of conviction for a forcible felony

19 enumerated in Section 2-8 of the Criminal Code of 2012, the

20 inmate's behavior and ~~improvements in~~ disciplinary history

21 while incarcerated, and the inmate's commitment to

22 rehabilitation, including participation in programming offered

23 by the Department.

24 The Director of Corrections or the Director of Juvenile

25 Justice shall not award sentence credit under this paragraph

26 (3) to an inmate unless the inmate has served a minimum of 60

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1 days of the sentence, including time served in a county jail;

2 except nothing in this paragraph shall be construed to permit

3 either Director to extend an inmate's sentence beyond that

4 which was imposed by the court. Prior to awarding credit under

5 this paragraph (3), each Director shall make a written

6 determination that the inmate:

7 (A) is eligible for the earned sentence credit;

8 (B) has served a minimum of 60 days, or as close to 60

9 days as the sentence will allow;

10 (B-1) has received a risk/needs assessment or other

11 relevant evaluation or assessment administered by the

12 Department using a validated instrument; and

13 (C) has met the eligibility criteria established by

14 rule for earned sentence credit.

15 The Director of Corrections or the Director of Juvenile

16 Justice shall determine the form and content of the written

17 determination required in this subsection.

18 (3.5) The Department shall provide annual written reports

19 to the Governor and the General Assembly on the award of earned

20 sentence credit no later than February 1 of each year. The

21 Department must publish both reports on its website within 48

22 hours of transmitting the reports to the Governor and the

23 General Assembly. The reports must include:

24 (A) the number of inmates awarded earned sentence

25 credit;

26 (B) the average amount of earned sentence credit

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1 awarded;

2 (C) the holding offenses of inmates awarded earned

3 sentence credit; and

4 (D) the number of earned sentence credit revocations.

5 (4)(A) Except as provided in paragraph (4.7) of this

6 subsection (a), the rules and regulations shall also provide

7 that the sentence credit accumulated and retained under

8 paragraph (2.1) of subsection (a) of this Section by any

9 inmate during specific periods of time in which such inmate

10 ~~any prisoner who~~ is engaged full-time in substance abuse

11 programs, correctional industry assignments, educational

12 programs, ~~work-release programs or activities in accordance~~

13 ~~with Article 13 of Chapter III of this Code,~~ behavior

14 modification programs, life skills courses, or re-entry

15 planning provided by the Department under this paragraph (4)

16 and satisfactorily completes the assigned program as

17 determined by the standards of the Department, shall receive

18 be multiplied by a factor of 1.25 for program participation

19 before August 11, 1993 and 1.50 for program participation on

20 or after that date ~~one day of sentence credit for each day in~~

21 ~~which that prisoner is engaged in the activities described in~~

22 ~~this paragraph~~. The rules and regulations shall also provide

23 that sentence credit, subject to the same offense limits and

24 multiplier provided in this paragraph, may be provided to an

25 inmate who was held in pre-trial detention prior to his or her

26 current commitment to the Department of Corrections and

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1 successfully completed a full-time, 60-day or longer substance

2 abuse program, educational program, behavior modification

3 program, life skills course, or re-entry planning provided by

4 the county department of corrections or county jail.

5 Calculation of this county program credit shall be done at

6 sentencing as provided in Section 5-4.5-100 of this Code and

7 shall be included in the sentencing order. However, no inmate

8 shall be eligible for the additional sentence credit under

9 this paragraph (4) or (4.1) of this subsection (a) while

10 assigned to a boot camp or electronic detention ~~The rules and~~

11 ~~regulations shall also provide that sentence credit may be~~

12 ~~provided to an inmate who is in compliance with programming~~

13 ~~requirements in an adult transition center~~.

14 (B) The Department shall award sentence credit under this

15 paragraph (4) accumulated prior to January 1, 2020 (the

16 effective date of Public Act 101-440) in an amount specified

17 in subparagraph (C) of this paragraph (4) to an inmate serving

18 a sentence for an offense committed prior to June 19, 1998, if

19 the Department determines that the inmate is entitled to this

20 sentence credit, based upon:

21 (i) documentation provided by the Department that the

22 inmate engaged in any full-time substance abuse programs,

23 correctional industry assignments, educational programs,

24 behavior modification programs, life skills courses, or

25 re-entry planning provided by the Department under this

26 paragraph (4) and satisfactorily completed the assigned

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1 program as determined by the standards of the Department

2 during the inmate's current term of incarceration; or

3 (ii) the inmate's own testimony in the form of an

4 affidavit or documentation, or a third party's

5 documentation or testimony in the form of an affidavit

6 that the inmate likely engaged in any full-time substance

7 abuse programs, correctional industry assignments,

8 educational programs, behavior modification programs, life

9 skills courses, or re-entry planning provided by the

10 Department under paragraph (4) and satisfactorily

11 completed the assigned program as determined by the

12 standards of the Department during the inmate's current

13 term of incarceration.

14 (C) If the inmate can provide documentation that he or she

15 is entitled to sentence credit under subparagraph (B) in

16 excess of 45 days of participation in those programs, the

17 inmate shall receive 90 days of sentence credit. If the inmate

18 cannot provide documentation of more than 45 days of

19 participation in those programs, the inmate shall receive 45

20 days of sentence credit. In the event of a disagreement

21 between the Department and the inmate as to the amount of

22 credit accumulated under subparagraph (B), if the Department

23 provides documented proof of a lesser amount of days of

24 participation in those programs, that proof shall control. If

25 the Department provides no documentary proof, the inmate's

26 proof as set forth in clause (ii) of subparagraph (B) shall

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1 control as to the amount of sentence credit provided.

2 (D) If the inmate has been convicted of a sex offense as

3 defined in Section 2 of the Sex Offender Registration Act,

4 sentencing credits under subparagraph (B) of this paragraph

5 (4) shall be awarded by the Department only if the conditions

6 set forth in paragraph (4.6) of subsection (a) are satisfied.

7 No inmate serving a term of natural life imprisonment shall

8 receive sentence credit under subparagraph (B) of this

9 paragraph (4).

10 (E) The rules and regulations shall provide for the

11 recalculation of program credits awarded pursuant to this

12 paragraph (4) prior to July 1, 2021 (the effective date of

13 Public Act 101-652) at the rate set for such credits on and

14 after July 1, 2021.

15 Educational, vocational, substance abuse, behavior

16 modification programs, life skills courses, re-entry planning,

17 and correctional industry programs under which sentence credit

18 may be earned under this paragraph (4) and paragraph (4.1) of

19 this subsection (a) shall be evaluated by the Department on

20 the basis of documented standards. The Department shall report

21 the results of these evaluations to the Governor and the

22 General Assembly by September 30th of each year. The reports

23 shall include data relating to the recidivism rate among

24 program participants.

25 Availability of these programs shall be subject to the

26 limits of fiscal resources appropriated by the General

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1 Assembly for these purposes. Eligible inmates who are denied

2 immediate admission shall be placed on a waiting list under

3 criteria established by the Department. ~~The rules and~~

4 ~~regulations shall provide that a prisoner who has been placed~~

5 ~~on a waiting list but is transferred for non-disciplinary~~

6 ~~reasons before beginning a program shall receive priority~~

7 ~~placement on the waitlist for appropriate programs at the new~~

8 ~~facility.~~ The inability of any inmate to become engaged in any

9 such programs by reason of insufficient program resources or

10 for any other reason established under the rules and

11 regulations of the Department shall not be deemed a cause of

12 action under which the Department or any employee or agent of

13 the Department shall be liable for damages to the inmate. ~~The~~

14 ~~rules and regulations shall provide that a prisoner who begins~~

15 ~~an educational, vocational, substance abuse, work-release~~

16 ~~programs or activities in accordance with Article 13 of~~

17 ~~Chapter III of this Code, behavior modification program, life~~

18 ~~skills course, re-entry planning, or correctional industry~~

19 ~~programs but is unable to complete the program due to illness,~~

20 ~~disability, transfer, lockdown, or another reason outside of~~

21 ~~the prisoner's control shall receive prorated sentence credits~~

22 ~~for the days in which the prisoner did participate.~~

23 (4.1) Except as provided in paragraph (4.7) of this

24 subsection (a), the rules and regulations shall also provide

25 that an additional 90 days of sentence credit shall be awarded

26 to any prisoner who passes high school equivalency testing

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1 while the prisoner is committed to the Department of

2 Corrections. The sentence credit awarded under this paragraph

3 (4.1) shall be in addition to, and shall not affect, the award

4 of sentence credit under any other paragraph of this Section,

5 but shall also be pursuant to the guidelines and restrictions

6 set forth in paragraph (4) of subsection (a) of this Section.

7 The sentence credit provided for in this paragraph shall be

8 available only to those prisoners who have not previously

9 earned a high school diploma or a State of Illinois High School

10 Diploma. If, after an award of the high school equivalency

11 testing sentence credit has been made, the Department

12 determines that the prisoner was not eligible, then the award

13 shall be revoked. The Department may also award 90 days of

14 sentence credit to any committed person who passed high school

15 equivalency testing while he or she was held in pre-trial

16 detention prior to the current commitment to the Department of

17 Corrections. ~~Except as provided in paragraph (4.7) of this~~

18 ~~subsection (a), the rules and regulations shall provide that~~

19 ~~an additional 120 days of sentence credit shall be awarded to~~

20 ~~any prisoner who obtains an associate degree while the~~

21 ~~prisoner is committed to the Department of Corrections,~~

22 ~~regardless of the date that the associate degree was obtained,~~

23 ~~including if prior to July 1, 2021 (the effective date of~~

24 ~~Public Act 101-652). The sentence credit awarded under this~~

25 ~~paragraph (4.1) shall be in addition to, and shall not affect,~~

26 ~~the award of sentence credit under any other paragraph of this~~

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1 ~~Section, but shall also be under the guidelines and~~

2 ~~restrictions set forth in paragraph (4) of subsection (a) of~~

3 ~~this Section. The sentence credit provided for in this~~

4 ~~paragraph (4.1) shall be available only to those prisoners who~~

5 ~~have not previously earned an associate degree prior to the~~

6 ~~current commitment to the Department of Corrections. If, after~~

7 ~~an award of the associate degree sentence credit has been made~~

8 ~~and the Department determines that the prisoner was not~~

9 ~~eligible, then the award shall be revoked. The Department may~~

10 ~~also award 120 days of sentence credit to any committed person~~

11 ~~who earned an associate degree while he or she was held in~~

12 ~~pre-trial detention prior to the current commitment to the~~

13 ~~Department of Corrections.~~

14 Except as provided in paragraph (4.7) of this subsection

15 (a), the rules and regulations shall provide that an

16 additional 180 days of sentence credit shall be awarded to any

17 prisoner who obtains a bachelor's degree while the prisoner is

18 committed to the Department of Corrections. The sentence

19 credit awarded under this paragraph (4.1) shall be in addition

20 to, and shall not affect, the award of sentence credit under

21 any other paragraph of this Section, but shall also be under

22 the guidelines and restrictions set forth in paragraph (4) of

23 this subsection (a). The sentence credit provided for in this

24 paragraph shall be available only to those prisoners who have

25 not earned a bachelor's degree prior to the current commitment

26 to the Department of Corrections. If, after an award of the

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1 bachelor's degree sentence credit has been made, the

2 Department determines that the prisoner was not eligible, then

3 the award shall be revoked. The Department may also award 180

4 days of sentence credit to any committed person who earned a

5 bachelor's degree while he or she was held in pre-trial

6 detention prior to the current commitment to the Department of

7 Corrections.

8 Except as provided in paragraph (4.7) of this subsection

9 (a), the rules and regulations shall provide that an

10 additional 180 days of sentence credit shall be awarded to any

11 prisoner who obtains a master's or professional degree while

12 the prisoner is committed to the Department of Corrections.

13 The sentence credit awarded under this paragraph (4.1) shall

14 be in addition to, and shall not affect, the award of sentence

15 credit under any other paragraph of this Section, but shall

16 also be under the guidelines and restrictions set forth in

17 paragraph (4) of this subsection (a). The sentence credit

18 provided for in this paragraph shall be available only to

19 those prisoners who have not previously earned a master's or

20 professional degree prior to the current commitment to the

21 Department of Corrections. If, after an award of the master's

22 or professional degree sentence credit has been made, the

23 Department determines that the prisoner was not eligible, then

24 the award shall be revoked. The Department may also award 180

25 days of sentence credit to any committed person who earned a

26 master's or professional degree while he or she was held in

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1 pre-trial detention prior to the current commitment to the

2 Department of Corrections.

3 (4.2)~~(A) The rules and regulations shall also provide that~~

4 ~~any prisoner engaged in self-improvement programs, volunteer~~

5 ~~work, or work assignments that are not otherwise eligible~~

6 ~~activities under paragraph (4), shall receive up to 0.5 days~~

7 ~~of sentence credit for each day in which the prisoner is~~

8 ~~engaged in activities described in this paragraph.~~

9 ~~(B) The rules and regulations shall provide for the award~~

10 ~~of sentence credit under this paragraph (4.2) for qualifying~~

11 ~~days of engagement in eligible activities occurring prior to~~

12 ~~July 1, 2021 (the effective date of Public Act 101-652).~~

13 (4.5) The rules and regulations on sentence credit shall

14 also provide that when the court's sentencing order recommends

15 a prisoner for substance abuse treatment and the crime was

16 committed on or after September 1, 2003 (the effective date of

17 Public Act 93-354), the prisoner shall receive no sentence

18 credit awarded under clause (3) of this subsection (a) unless

19 he or she participates in and completes a substance abuse

20 treatment program. The Director of Corrections may waive the

21 requirement to participate in or complete a substance abuse

22 treatment program in specific instances if the prisoner is not

23 a good candidate for a substance abuse treatment program for

24 medical, programming, or operational reasons. Availability of

25 substance abuse treatment shall be subject to the limits of

26 fiscal resources appropriated by the General Assembly for

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1 these purposes. If treatment is not available and the

2 requirement to participate and complete the treatment has not

3 been waived by the Director, the prisoner shall be placed on a

4 waiting list under criteria established by the Department. The

5 Director may allow a prisoner placed on a waiting list to

6 participate in and complete a substance abuse education class

7 or attend substance abuse self-help meetings in lieu of a

8 substance abuse treatment program. A prisoner on a waiting

9 list who is not placed in a substance abuse program prior to

10 release may be eligible for a waiver and receive sentence

11 credit under clause (3) of this subsection (a) at the

12 discretion of the Director.

13 (4.6) The rules and regulations on sentence credit shall

14 also provide that a prisoner who has been convicted of a sex

15 offense as defined in Section 2 of the Sex Offender

16 Registration Act shall receive no sentence credit unless he or

17 she either has successfully completed or is participating in

18 sex offender treatment as defined by the Sex Offender

19 Management Board. However, prisoners who are waiting to

20 receive treatment, but who are unable to do so due solely to

21 the lack of resources on the part of the Department, may, at

22 either Director's sole discretion, be awarded sentence credit

23 at a rate as the Director shall determine.

24 (4.7) On or after January 1, 2018 (the effective date of

25 Public Act 100-3), sentence credit under paragraph (3), (4),

26 or (4.1) of this subsection (a) may be awarded to a prisoner

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1 who is serving a sentence for an offense described in

2 paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned

3 on or after January 1, 2018 (the effective date of Public Act

4 100-3); provided, the award of the credits under this

5 paragraph (4.7) shall not reduce the sentence of the prisoner

6 to less than the following amounts:

7 (i) 85% of his or her sentence if the prisoner is

8 required to serve 85% of his or her sentence; or

9 (ii) 60% of his or her sentence if the prisoner is

10 required to serve 75% of his or her sentence, except if the

11 prisoner is serving a sentence for gunrunning his or her

12 sentence shall not be reduced to less than 75%.

13 (iii) 100% of his or her sentence if the prisoner is

14 required to serve 100% of his or her sentence.

15 (5) Whenever the Department is to release any inmate

16 earlier than it otherwise would because of a grant of earned

17 sentence credit under paragraph (3) of subsection (a) of this

18 Section given at any time during the term, the Department

19 shall give reasonable notice of the impending release not less

20 than 14 days prior to the date of the release to the State's

21 Attorney of the county where the prosecution of the inmate

22 took place, and if applicable, the State's Attorney of the

23 county into which the inmate will be released. The Department

24 must also make identification information and a recent photo

25 of the inmate being released accessible on the Internet by

26 means of a hyperlink labeled "Community Notification of Inmate

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1 Early Release" on the Department's World Wide Web homepage.

2 The identification information shall include the inmate's:

3 name, any known alias, date of birth, physical

4 characteristics, commitment offense, and county where

5 conviction was imposed. The identification information shall

6 be placed on the website within 3 days of the inmate's release

7 and the information may not be removed until either:

8 completion of the first year of mandatory supervised release

9 or return of the inmate to custody of the Department.

10 (b) Whenever a person is or has been committed under

11 several convictions, with separate sentences, the sentences

12 shall be construed under Section 5-8-4 in granting and

13 forfeiting of sentence credit.

14 (c) ~~(1)~~ The Department shall prescribe rules and

15 regulations for revoking sentence credit, including revoking

16 sentence credit awarded under paragraph (3) of subsection (a)

17 of this Section. ~~The Department shall prescribe rules and~~

18 ~~regulations establishing and requiring the use of a sanctions~~

19 ~~matrix for revoking sentence credit.~~ The Department shall

20 prescribe rules and regulations for suspending or reducing the

21 rate of accumulation of sentence credit for specific rule

22 violations, during imprisonment. These rules and regulations

23 shall provide that no inmate may be penalized more than one

24 year of sentence credit for any one infraction.

25 ~~(2)~~ When the Department seeks to revoke, suspend, or

26 reduce the rate of accumulation of any sentence credits for an

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1 alleged infraction of its rules, it shall bring charges

2 therefor against the prisoner sought to be so deprived of

3 sentence credits before the Prisoner Review Board as provided

4 in subparagraph (a)(4) of Section 3-3-2 of this Code, if the

5 amount of credit at issue exceeds 30 days~~, whether from one~~

6 ~~infraction or cumulatively from multiple infractions arising~~

7 ~~out of a single event,~~ or when~~,~~ during any 12-month period, the

8 cumulative amount of credit revoked exceeds 30 days except

9 where the infraction is committed or discovered within 60 days

10 of scheduled release. In those cases, the Department of

11 Corrections may revoke up to 30 days of sentence credit. The

12 Board may subsequently approve the revocation of additional

13 sentence credit, if the Department seeks to revoke sentence

14 credit in excess of 30 days. However, the Board shall not be

15 empowered to review the Department's decision with respect to

16 the loss of 30 days of sentence credit within any calendar year

17 for any prisoner or to increase any penalty beyond the length

18 requested by the Department.

19 ~~(3)~~ The Director of Corrections ~~or the Director of~~

20 ~~Juvenile Justice~~, in appropriate cases, may restore up to 30

21 days of sentence credits which have been revoked, suspended,

22 or reduced. Any restoration of sentence credits in excess of

23 30 days shall be subject to review by the Prisoner Review

24 Board. However, the Board may not restore sentence credit in

25 excess of the amount requested by the Director ~~The Department~~

26 ~~shall prescribe rules and regulations governing the~~

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1 ~~restoration of sentence credits. These rules and regulations~~

2 ~~shall provide for the automatic restoration of sentence~~

3 ~~credits following a period in which the prisoner maintains a~~

4 ~~record without a disciplinary violation~~.

5 Nothing contained in this Section shall prohibit the

6 Prisoner Review Board from ordering, pursuant to Section

7 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the

8 sentence imposed by the court that was not served due to the

9 accumulation of sentence credit.

10 (d) If a lawsuit is filed by a prisoner in an Illinois or

11 federal court against the State, the Department of

12 Corrections, or the Prisoner Review Board, or against any of

13 their officers or employees, and the court makes a specific

14 finding that a pleading, motion, or other paper filed by the

15 prisoner is frivolous, the Department of Corrections shall

16 conduct a hearing to revoke up to 180 days of sentence credit

17 by bringing charges against the prisoner sought to be deprived

18 of the sentence credits before the Prisoner Review Board as

19 provided in subparagraph (a)(8) of Section 3-3-2 of this Code.

20 If the prisoner has not accumulated 180 days of sentence

21 credit at the time of the finding, then the Prisoner Review

22 Board may revoke all sentence credit accumulated by the

23 prisoner.

24 For purposes of this subsection (d):

25 (1) "Frivolous" means that a pleading, motion, or

26 other filing which purports to be a legal document filed

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1 by a prisoner in his or her lawsuit meets any or all of the

2 following criteria:

3 (A) it lacks an arguable basis either in law or in

4 fact;

5 (B) it is being presented for any improper

6 purpose, such as to harass or to cause unnecessary

7 delay or needless increase in the cost of litigation;

8 (C) the claims, defenses, and other legal

9 contentions therein are not warranted by existing law

10 or by a nonfrivolous argument for the extension,

11 modification, or reversal of existing law or the

12 establishment of new law;

13 (D) the allegations and other factual contentions

14 do not have evidentiary support or, if specifically so

15 identified, are not likely to have evidentiary support

16 after a reasonable opportunity for further

17 investigation or discovery; or

18 (E) the denials of factual contentions are not

19 warranted on the evidence, or if specifically so

20 identified, are not reasonably based on a lack of

21 information or belief.

22 (2) "Lawsuit" means a motion pursuant to Section 116-3

23 of the Code of Criminal Procedure of 1963, a habeas corpus

24 action under Article X of the Code of Civil Procedure or

25 under federal law (28 U.S.C. 2254), a petition for claim

26 under the Court of Claims Act, an action under the federal

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1 Civil Rights Act (42 U.S.C. 1983), or a second or

2 subsequent petition for post-conviction relief under

3 Article 122 of the Code of Criminal Procedure of 1963

4 whether filed with or without leave of court or a second or

5 subsequent petition for relief from judgment under Section

6 2-1401 of the Code of Civil Procedure.

7 (e) Nothing in Public Act 90-592 or 90-593 affects the

8 validity of Public Act 89-404.

9 (f) Whenever the Department is to release any inmate who

10 has been convicted of a violation of an order of protection

11 under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or

12 the Criminal Code of 2012, earlier than it otherwise would

13 because of a grant of sentence credit, the Department, as a

14 condition of release, shall require that the person, upon

15 release, be placed under electronic surveillance as provided

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

17 (Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21;

18 102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff.

19 1-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; revised

20 9-18-23.)

21 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)

22 Sec. 5-4-1. Sentencing hearing.

23 (a) After a determination of guilt, a hearing shall be

24 held to impose the sentence. However, prior to the imposition

25 of sentence on an individual being sentenced for an offense

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1 based upon a charge for a violation of Section 11-501 of the

2 Illinois Vehicle Code or a similar provision of a local

3 ordinance, the individual must undergo a professional

4 evaluation to determine if an alcohol or other drug abuse

5 problem exists and the extent of such a problem. Programs

6 conducting these evaluations shall be licensed by the

7 Department of Human Services. However, if the individual is

8 not a resident of Illinois, the court may, in its discretion,

9 accept an evaluation from a program in the state of such

10 individual's residence. The court shall make a specific

11 finding about whether the defendant is eligible for

12 participation in a Department impact incarceration program as

13 provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an

14 explanation as to why a sentence to impact incarceration is

15 not an appropriate sentence. The court may in its sentencing

16 order recommend a defendant for placement in a Department of

17 Corrections substance abuse treatment program as provided in

18 paragraph (a) of subsection (1) of Section 3-2-2 conditioned

19 upon the defendant being accepted in a program by the

20 Department of Corrections. At the hearing the court shall:

21 (1) consider the evidence, if any, received upon the

22 trial;

23 (2) consider any presentence reports;

24 (3) consider the financial impact of incarceration

25 based on the financial impact statement filed with the

26 clerk of the court by the Department of Corrections;

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1 (4) consider evidence and information offered by the

2 parties in aggravation and mitigation;

3 (4.5) consider substance abuse treatment, eligibility

4 screening, and an assessment, if any, of the defendant by

5 an agent designated by the State of Illinois to provide

6 assessment services for the Illinois courts;

7 (5) hear arguments as to sentencing alternatives;

8 (6) afford the defendant the opportunity to make a

9 statement in his own behalf;

10 (7) afford the victim of a violent crime or a

11 violation of Section 11-501 of the Illinois Vehicle Code,

12 or a similar provision of a local ordinance, the

13 opportunity to present an oral or written statement, as

14 guaranteed by Article I, Section 8.1 of the Illinois

15 Constitution and provided in Section 6 of the Rights of

16 Crime Victims and Witnesses Act. The court shall allow a

17 victim to make an oral statement if the victim is present

18 in the courtroom and requests to make an oral or written

19 statement. An oral or written statement includes the

20 victim or a representative of the victim reading the

21 written statement. The court may allow persons impacted by

22 the crime who are not victims under subsection (a) of

23 Section 3 of the Rights of Crime Victims and Witnesses Act

24 to present an oral or written statement. A victim and any

25 person making an oral statement shall not be put under

26 oath or subject to cross-examination. All statements

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1 offered under this paragraph (7) shall become part of the

2 record of the court. In this paragraph (7), "victim of a

3 violent crime" means a person who is a victim of a violent

4 crime for which the defendant has been convicted after a

5 bench or jury trial or a person who is the victim of a

6 violent crime with which the defendant was charged and the

7 defendant has been convicted under a plea agreement of a

8 crime that is not a violent crime as defined in subsection

9 (c) of 3 of the Rights of Crime Victims and Witnesses Act;

10 (7.5) afford a qualified person affected by: (i) a

11 violation of Section 405, 405.1, 405.2, or 407 of the

12 Illinois Controlled Substances Act or a violation of

13 Section 55 or Section 65 of the Methamphetamine Control

14 and Community Protection Act; or (ii) a Class 4 felony

15 violation of Section 11-14, 11-14.3 except as described in

16 subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,

17 11-18.1, or 11-19 of the Criminal Code of 1961 or the

18 Criminal Code of 2012, committed by the defendant the

19 opportunity to make a statement concerning the impact on

20 the qualified person and to offer evidence in aggravation

21 or mitigation; provided that the statement and evidence

22 offered in aggravation or mitigation shall first be

23 prepared in writing in conjunction with the State's

24 Attorney before it may be presented orally at the hearing.

25 Sworn testimony offered by the qualified person is subject

26 to the defendant's right to cross-examine. All statements

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1 and evidence offered under this paragraph (7.5) shall

2 become part of the record of the court. In this paragraph

3 (7.5), "qualified person" means any person who: (i) lived

4 or worked within the territorial jurisdiction where the

5 offense took place when the offense took place; or (ii) is

6 familiar with various public places within the territorial

7 jurisdiction where the offense took place when the offense

8 took place. "Qualified person" includes any peace officer

9 or any member of any duly organized State, county, or

10 municipal peace officer unit assigned to the territorial

11 jurisdiction where the offense took place when the offense

12 took place;

13 (8) in cases of reckless homicide afford the victim's

14 spouse, guardians, parents or other immediate family

15 members an opportunity to make oral statements;

16 (9) in cases involving a felony sex offense as defined

17 under the Sex Offender Management Board Act, consider the

18 results of the sex offender evaluation conducted pursuant

19 to Section 5-3-2 of this Act; and

20 (10) make a finding of whether a motor vehicle was

21 used in the commission of the offense for which the

22 defendant is being sentenced.

23 (b) All sentences shall be imposed by the judge based upon

24 his independent assessment of the elements specified above and

25 any agreement as to sentence reached by the parties. The judge

26 who presided at the trial or the judge who accepted the plea of

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1 guilty shall impose the sentence unless he is no longer

2 sitting as a judge in that court. Where the judge does not

3 impose sentence at the same time on all defendants who are

4 convicted as a result of being involved in the same offense,

5 the defendant or the State's Attorney may advise the

6 sentencing court of the disposition of any other defendants

7 who have been sentenced.

8 (b-1) In imposing a sentence of imprisonment or periodic

9 imprisonment for a Class 3 or Class 4 felony for which a

10 sentence of probation or conditional discharge is an available

11 sentence, if the defendant has no prior sentence of probation

12 or conditional discharge and no prior conviction for a violent

13 crime, the defendant shall not be sentenced to imprisonment

14 before review and consideration of a presentence report and

15 determination and explanation of why the particular evidence,

16 information, factor in aggravation, factual finding, or other

17 reasons support a sentencing determination that one or more of

18 the factors under subsection (a) of Section 5-6-1 of this Code

19 apply and that probation or conditional discharge is not an

20 appropriate sentence.

21 (c) In imposing a sentence for a violent crime or for an

22 offense of operating or being in physical control of a vehicle

23 while under the influence of alcohol, any other drug or any

24 combination thereof, or a similar provision of a local

25 ordinance, when such offense resulted in the personal injury

26 to someone other than the defendant, the trial judge shall

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1 specify on the record the particular evidence, information,

2 factors in mitigation and aggravation or other reasons that

3 led to his sentencing determination. The full verbatim record

4 of the sentencing hearing shall be filed with the clerk of the

5 court and shall be a public record.

6 (c-1) In imposing a sentence for the offense of aggravated

7 kidnapping for ransom, home invasion, armed robbery,

8 aggravated vehicular hijacking, aggravated discharge of a

9 firearm, or armed violence with a category I weapon or

10 category II weapon, the trial judge shall make a finding as to

11 whether the conduct leading to conviction for the offense

12 resulted in great bodily harm to a victim, and shall enter that

13 finding and the basis for that finding in the record.

14 (c-1.5) (Blank). ~~Notwithstanding any other provision of~~

15 ~~law to the contrary, in imposing a sentence for an offense that~~

16 ~~requires a mandatory minimum sentence of imprisonment, the~~

17 ~~court may instead sentence the offender to probation,~~

18 ~~conditional discharge, or a lesser term of imprisonment it~~

19 ~~deems appropriate if: (1) the offense involves the use or~~

20 ~~possession of drugs, retail theft, or driving on a revoked~~

21 ~~license due to unpaid financial obligations; (2) the court~~

22 ~~finds that the defendant does not pose a risk to public safety;~~

23 ~~and (3) the interest of justice requires imposing a term of~~

24 ~~probation, conditional discharge, or a lesser term of~~

25 ~~imprisonment. The court must state on the record its reasons~~

26 ~~for imposing probation, conditional discharge, or a lesser~~

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1 ~~term of imprisonment.~~

2 (c-2) If the defendant is sentenced to prison, other than

3 when a sentence of natural life imprisonment is imposed, at

4 the time the sentence is imposed the judge shall state on the

5 record in open court the approximate period of time the

6 defendant will serve in custody according to the then current

7 statutory rules and regulations for sentence credit found in

8 Section 3-6-3 and other related provisions of this Code. This

9 statement is intended solely to inform the public, has no

10 legal effect on the defendant's actual release, and may not be

11 relied on by the defendant on appeal.

12 The judge's statement, to be given after pronouncing the

13 sentence, other than when the sentence is imposed for one of

14 the offenses enumerated in paragraph (a)(4) of Section 3-6-3,

15 shall include the following:

16 "The purpose of this statement is to inform the public of

17 the actual period of time this defendant is likely to spend in

18 prison as a result of this sentence. The actual period of

19 prison time served is determined by the statutes of Illinois

20 as applied to this sentence by the Illinois Department of

21 Corrections and the Illinois Prisoner Review Board. In this

22 case, assuming the defendant receives all of his or her

23 sentence credit, the period of estimated actual custody is ...

24 years and ... months, less up to 180 days additional earned

25 sentence credit. If the defendant, because of his or her own

26 misconduct or failure to comply with the institutional

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1 regulations, does not receive those credits, the actual time

2 served in prison will be longer. The defendant may also

3 receive an additional one-half day sentence credit for each

4 day of participation in vocational, industry, substance abuse,

5 and educational programs as provided for by Illinois statute."

6 When the sentence is imposed for one of the offenses

7 enumerated in paragraph (a)(2) of Section 3-6-3, other than

8 first degree murder, and the offense was committed on or after

9 June 19, 1998, and when the sentence is imposed for reckless

10 homicide as defined in subsection (e) of Section 9-3 of the

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

12 offense was committed on or after January 1, 1999, and when the

13 sentence is imposed for aggravated driving under the influence

14 of alcohol, other drug or drugs, or intoxicating compound or

15 compounds, or any combination thereof as defined in

16 subparagraph (F) of paragraph (1) of subsection (d) of Section

17 11-501 of the Illinois Vehicle Code, and when the sentence is

18 imposed for aggravated arson if the offense was committed on

19 or after July 27, 2001 (the effective date of Public Act

20 92-176), and when the sentence is imposed for aggravated

21 driving under the influence of alcohol, other drug or drugs,

22 or intoxicating compound or compounds, or any combination

23 thereof as defined in subparagraph (C) of paragraph (1) of

24 subsection (d) of Section 11-501 of the Illinois Vehicle Code

25 committed on or after January 1, 2011 (the effective date of

26 Public Act 96-1230), the judge's statement, to be given after

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1 pronouncing the sentence, shall include the following:

2 "The purpose of this statement is to inform the public of

3 the actual period of time this defendant is likely to spend in

4 prison as a result of this sentence. The actual period of

5 prison time served is determined by the statutes of Illinois

6 as applied to this sentence by the Illinois Department of

7 Corrections and the Illinois Prisoner Review Board. In this

8 case, the defendant is entitled to no more than 4 1/2 days of

9 sentence credit for each month of his or her sentence of

10 imprisonment. Therefore, this defendant will serve at least

11 85% of his or her sentence. Assuming the defendant receives 4

12 1/2 days credit for each month of his or her sentence, the

13 period of estimated actual custody is ... years and ...

14 months. If the defendant, because of his or her own misconduct

15 or failure to comply with the institutional regulations

16 receives lesser credit, the actual time served in prison will

17 be longer."

18 When a sentence of imprisonment is imposed for first

19 degree murder and the offense was committed on or after June

20 19, 1998, the judge's statement, to be given after pronouncing

21 the sentence, shall include the following:

22 "The purpose of this statement is to inform the public of

23 the actual period of time this defendant is likely to spend in

24 prison as a result of this sentence. The actual period of

25 prison time served is determined by the statutes of Illinois

26 as applied to this sentence by the Illinois Department of

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1 Corrections and the Illinois Prisoner Review Board. In this

2 case, the defendant is not entitled to sentence credit.

3 Therefore, this defendant will serve 100% of his or her

4 sentence."

5 When the sentencing order recommends placement in a

6 substance abuse program for any offense that results in

7 incarceration in a Department of Corrections facility and the

8 crime was committed on or after September 1, 2003 (the

9 effective date of Public Act 93-354), the judge's statement,

10 in addition to any other judge's statement required under this

11 Section, to be given after pronouncing the sentence, shall

12 include the following:

13 "The purpose of this statement is to inform the public of

14 the actual period of time this defendant is likely to spend in

15 prison as a result of this sentence. The actual period of

16 prison time served is determined by the statutes of Illinois

17 as applied to this sentence by the Illinois Department of

18 Corrections and the Illinois Prisoner Review Board. In this

19 case, the defendant shall receive no earned sentence credit

20 under clause (3) of subsection (a) of Section 3-6-3 until he or

21 she participates in and completes a substance abuse treatment

22 program or receives a waiver from the Director of Corrections

23 pursuant to clause (4.5) of subsection (a) of Section 3-6-3."

24 (c-4) Before the sentencing hearing and as part of the

25 presentence investigation under Section 5-3-1, the court shall

26 inquire of the defendant whether the defendant is currently

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1 serving in or is a veteran of the Armed Forces of the United

2 States. If the defendant is currently serving in the Armed

3 Forces of the United States or is a veteran of the Armed Forces

4 of the United States and has been diagnosed as having a mental

5 illness by a qualified psychiatrist or clinical psychologist

6 or physician, the court may:

7 (1) order that the officer preparing the presentence

8 report consult with the United States Department of

9 Veterans Affairs, Illinois Department of Veterans'

10 Affairs, or another agency or person with suitable

11 knowledge or experience for the purpose of providing the

12 court with information regarding treatment options

13 available to the defendant, including federal, State, and

14 local programming; and

15 (2) consider the treatment recommendations of any

16 diagnosing or treating mental health professionals

17 together with the treatment options available to the

18 defendant in imposing sentence.

19 For the purposes of this subsection (c-4), "qualified

20 psychiatrist" means a reputable physician licensed in Illinois

21 to practice medicine in all its branches, who has specialized

22 in the diagnosis and treatment of mental and nervous disorders

23 for a period of not less than 5 years.

24 (c-6) In imposing a sentence, the trial judge shall

25 specify, on the record, the particular evidence and other

26 reasons which led to his or her determination that a motor

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1 vehicle was used in the commission of the offense.

2 (c-7) (Blank). ~~In imposing a sentence for a Class 3 or 4~~

3 ~~felony, other than a violent crime as defined in Section 3 of~~

4 ~~the Rights of Crime Victims and Witnesses Act, the court shall~~

5 ~~determine and indicate in the sentencing order whether the~~

6 ~~defendant has 4 or more or fewer than 4 months remaining on his~~

7 ~~or her sentence accounting for time served.~~

8 (d) When the defendant is committed to the Department of

9 Corrections, the State's Attorney shall and counsel for the

10 defendant may file a statement with the clerk of the court to

11 be transmitted to the department, agency or institution to

12 which the defendant is committed to furnish such department,

13 agency or institution with the facts and circumstances of the

14 offense for which the person was committed together with all

15 other factual information accessible to them in regard to the

16 person prior to his commitment relative to his habits,

17 associates, disposition and reputation and any other facts and

18 circumstances which may aid such department, agency or

19 institution during its custody of such person. The clerk shall

20 within 10 days after receiving any such statements transmit a

21 copy to such department, agency or institution and a copy to

22 the other party, provided, however, that this shall not be

23 cause for delay in conveying the person to the department,

24 agency or institution to which he has been committed.

25 (e) The clerk of the court shall transmit to the

26 department, agency or institution, if any, to which the

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1 defendant is committed, the following:

2 (1) the sentence imposed;

3 (2) any statement by the court of the basis for

4 imposing the sentence;

5 (3) any presentence reports;

6 (3.3) the person's last known complete street address

7 prior to incarceration or legal residence, the person's

8 race, whether the person is of Hispanic or Latino origin,

9 and whether the person is 18 years of age or older;

10 (3.5) any sex offender evaluations;

11 (3.6) any substance abuse treatment eligibility

12 screening and assessment of the defendant by an agent

13 designated by the State of Illinois to provide assessment

14 services for the Illinois courts;

15 (4) the number of days, if any, which the defendant

16 has been in custody and for which he is entitled to credit

17 against the sentence, which information shall be provided

18 to the clerk by the sheriff;

19 (4.1) any finding of great bodily harm made by the

20 court with respect to an offense enumerated in subsection

21 (c-1);

22 (5) all statements filed under subsection (d) of this

23 Section;

24 (6) any medical or mental health records or summaries

25 of the defendant;

26 (7) the municipality where the arrest of the offender

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1 or the commission of the offense has occurred, where such

2 municipality has a population of more than 25,000 persons;

3 (8) all statements made and evidence offered under

4 paragraph (7) of subsection (a) of this Section; and

5 (9) all additional matters which the court directs the

6 clerk to transmit.

7 (f) In cases in which the court finds that a motor vehicle

8 was used in the commission of the offense for which the

9 defendant is being sentenced, the clerk of the court shall,

10 within 5 days thereafter, forward a report of such conviction

11 to the Secretary of State.

12 (Source: P.A. 102-813, eff. 5-13-22; 103-18, eff. 1-1-24;

13 103-51, eff. 1-1-24; revised 7-31-23.)

14 (730 ILCS 5/5-4.5-95)

15 Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.

16 (a) HABITUAL CRIMINALS.

17 (1) Every person who has been twice convicted in any

18 state or federal court of an offense that contains the

19 same elements as an offense now (the date of the offense

20 committed after the 2 prior convictions) classified in

21 Illinois as a Class X felony, criminal sexual assault,

22 aggravated kidnapping, or first degree murder, and who is

23 thereafter convicted of a Class X felony, criminal sexual

24 assault, or first degree murder, committed after the 2

25 prior convictions, shall be adjudged an habitual criminal.

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1 (2) The 2 prior convictions need not have been for the

2 same offense.

3 (3) Any convictions that result from or are connected

4 with the same transaction, or result from offenses

5 committed at the same time, shall be counted for the

6 purposes of this Section as one conviction.

7 (4) This Section does not apply unless each of the

8 following requirements are satisfied:

9 (A) The third offense was committed after July 3,

10 1980.

11 (B) The third offense was committed within 20

12 years of the date that judgment was entered on the

13 first conviction; provided, however, that time spent

14 in custody shall not be counted.

15 (C) The third offense was committed after

16 conviction on the second offense.

17 (D) The second offense was committed after

18 conviction on the first offense.

19 (E) (Blank). ~~The first offense was committed when~~

20 ~~the person was 21 years of age or older.~~

21 (5) Anyone who, having attained the age of 18 at the

22 time of the third offense, is adjudged an habitual

23 criminal shall be sentenced to a term of natural life

24 imprisonment.

25 (6) A prior conviction shall not be alleged in the

26 indictment, and no evidence or other disclosure of that

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1 conviction shall be presented to the court or the jury

2 during the trial of an offense set forth in this Section

3 unless otherwise permitted by the issues properly raised

4 in that trial. After a plea or verdict or finding of guilty

5 and before sentence is imposed, the prosecutor may file

6 with the court a verified written statement signed by the

7 State's Attorney concerning any former conviction of an

8 offense set forth in this Section rendered against the

9 defendant. The court shall then cause the defendant to be

10 brought before it; shall inform the defendant of the

11 allegations of the statement so filed, and of his or her

12 right to a hearing before the court on the issue of that

13 former conviction and of his or her right to counsel at

14 that hearing; and unless the defendant admits such

15 conviction, shall hear and determine the issue, and shall

16 make a written finding thereon. If a sentence has

17 previously been imposed, the court may vacate that

18 sentence and impose a new sentence in accordance with this

19 Section.

20 (7) A duly authenticated copy of the record of any

21 alleged former conviction of an offense set forth in this

22 Section shall be prima facie evidence of that former

23 conviction; and a duly authenticated copy of the record of

24 the defendant's final release or discharge from probation

25 granted, or from sentence and parole supervision (if any)

26 imposed pursuant to that former conviction, shall be prima

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1 facie evidence of that release or discharge.

2 (8) Any claim that a previous conviction offered by

3 the prosecution is not a former conviction of an offense

4 set forth in this Section because of the existence of any

5 exceptions described in this Section, is waived unless

6 duly raised at the hearing on that conviction, or unless

7 the prosecution's proof shows the existence of the

8 exceptions described in this Section.

9 (9) If the person so convicted shows to the

10 satisfaction of the court before whom that conviction was

11 had that he or she was released from imprisonment, upon

12 either of the sentences upon a pardon granted for the

13 reason that he or she was innocent, that conviction and

14 sentence shall not be considered under this Section.

15 (b) When a defendant, over the age of 21 years, is

16 convicted of a Class 1 or Class 2 ~~forcible~~ felony, except for

17 an offense listed in subsection (c-5) of this Section, after

18 having twice been convicted in any state or federal court of an

19 offense that contains the same elements as an offense now (the

20 date the Class 1 or Class 2 ~~forcible~~ felony was committed)

21 classified in Illinois as a Class 2 or greater Class ~~forcible~~

22 felony, except for an offense listed in subsection (c-5) of

23 this Section, and those charges are separately brought and

24 tried and arise out of different series of acts, that

25 defendant shall be sentenced as a Class X offender. This

26 subsection does not apply unless:

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1 (1) the first ~~forcible~~ felony was committed after

2 February 1, 1978 (the effective date of Public Act

3 80-1099);

4 (2) the second ~~forcible~~ felony was committed after

5 conviction on the first;

6 (3) the third ~~forcible~~ felony was committed after

7 conviction on the second; and

8 (4) (blank). ~~the first offense was committed when the~~

9 ~~person was 21 years of age or older.~~

10 (c) (Blank).

11 (c-5) Subsection (b) of this Section does not apply to

12 Class 1 or Class 2 felony convictions for a violation of

13 Section 16-1 of the Criminal Code of 2012.

14 A person sentenced as a Class X offender under this

15 subsection (b) is not eligible to apply for treatment as a

16 condition of probation as provided by Section 40-10 of the

17 Substance Use Disorder Act (20 ILCS 301/40-10).

18 (Source: P.A. 100-3, eff. 1-1-18; 100-759, eff. 1-1-19;

19 101-652, eff. 7-1-21.)

20 (730 ILCS 5/5-4.5-100)

21 Sec. 5-4.5-100. CALCULATION OF TERM OF IMPRISONMENT.

22 (a) COMMENCEMENT. A sentence of imprisonment shall

23 commence on the date on which the offender is received by the

24 Department or the institution at which the sentence is to be

25 served.

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1 (b) CREDIT; TIME IN CUSTODY; SAME CHARGE. Except as set

2 forth in subsection (e), the offender shall be given credit on

3 the determinate sentence or maximum term and the minimum

4 period of imprisonment for the number of days spent in custody

5 as a result of the offense for which the sentence was imposed.

6 The Department shall calculate the credit at the rate

7 specified in Section 3-6-3 ~~(730 ILCS 5/3-6-3)~~. Except when

8 prohibited by subsection (d-5), the ~~The~~ trial court shall give

9 credit to the defendant for time spent in home detention on the

10 same sentencing terms as incarceration as provided in Section

11 5-8A-3 ~~(730 ILCS 5/5-8A-3)~~. ~~Home detention for purposes of~~

12 ~~credit includes restrictions on liberty such as curfews~~

13 ~~restricting movement for 12 hours or more per day and~~

14 ~~electronic monitoring that restricts travel or movement.~~

15 ~~Electronic monitoring is not required for home detention to be~~

16 ~~considered custodial for purposes of sentencing credit.~~ The

17 trial court may give credit to the defendant for the number of

18 days spent confined for psychiatric or substance abuse

19 treatment prior to judgment, if the court finds that the

20 detention or confinement was custodial.

21 (c) CREDIT; TIME IN CUSTODY; FORMER CHARGE. An offender

22 arrested on one charge and prosecuted on another charge for

23 conduct that occurred prior to his or her arrest shall be given

24 credit on the determinate sentence or maximum term and the

25 minimum term of imprisonment for time spent in custody under

26 the former charge not credited against another sentence.

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1 (c-5) CREDIT; PROGRAMMING. The trial court shall give the

2 defendant credit for successfully completing county

3 programming while in custody prior to imposition of sentence

4 at the rate specified in Section 3-6-3 ~~(730 ILCS 5/3-6-3)~~. For

5 the purposes of this subsection, "custody" includes time spent

6 in home detention.

7 (d) (Blank).

8 (d-5) NO CREDIT; SOME HOME DETENTION. An offender

9 sentenced to a term of imprisonment for an offense listed in

10 paragraph (2) of subsection (c) of Section 5-5-3 or in

11 paragraph (3) of subsection (c-1) of Section 11-501 of the

12 Illinois Vehicle Code shall not receive credit for time spent

13 in home detention prior to judgment.

14 (e) NO CREDIT; REVOCATION OF PAROLE, MANDATORY SUPERVISED

15 RELEASE, OR PROBATION. An offender charged with the commission

16 of an offense committed while on parole, mandatory supervised

17 release, or probation shall not be given credit for time spent

18 in custody under subsection (b) for that offense for any time

19 spent in custody as a result of a revocation of parole,

20 mandatory supervised release, or probation where such

21 revocation is based on a sentence imposed for a previous

22 conviction, regardless of the facts upon which the revocation

23 of parole, mandatory supervised release, or probation is

24 based, unless both the State and the defendant agree that the

25 time served for a violation of mandatory supervised release,

26 parole, or probation shall be credited towards the sentence

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1 for the current offense.

2 (Source: P.A. 101-652, eff. 7-1-21.)

3 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)

4 Sec. 5-8-1. Natural life imprisonment; enhancements for

5 use of a firearm; mandatory supervised release terms.

6 (a) Except as otherwise provided in the statute defining

7 the offense or in Article 4.5 of Chapter V, a sentence of

8 imprisonment for a felony shall be a determinate sentence set

9 by the court under this Section, subject to Section 5-4.5-115

10 of this Code, according to the following limitations:

11 (1) for first degree murder,

12 (a) (blank),

13 (b) if a trier of fact finds beyond a reasonable

14 doubt that the murder was accompanied by exceptionally

15 brutal or heinous behavior indicative of wanton

16 cruelty or, except as set forth in subsection

17 (a)(1)(c) of this Section, that any of the aggravating

18 factors listed in subparagraph (b-5) are present, the

19 court may sentence the defendant, subject to Section

20 5-4.5-105, to a term of natural life imprisonment, or

21 (b-5) A defendant who at the time of the

22 commission of the offense has attained the age of 18 or

23 more and who has been found guilty of first degree

24 murder may be sentenced to a term of natural life

25 imprisonment if:

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1 (1) the murdered individual was an inmate at

2 an institution or facility of the Department of

3 Corrections, or any similar local correctional

4 agency and was killed on the grounds thereof, or

5 the murdered individual was otherwise present in

6 such institution or facility with the knowledge

7 and approval of the chief administrative officer

8 thereof;

9 (2) the murdered individual was killed as a

10 result of the hijacking of an airplane, train,

11 ship, bus, or other public conveyance;

12 (3) the defendant committed the murder

13 pursuant to a contract, agreement, or

14 understanding by which he or she was to receive

15 money or anything of value in return for

16 committing the murder or procured another to

17 commit the murder for money or anything of value;

18 (4) the murdered individual was killed in the

19 course of another felony if:

20 (A) the murdered individual:

21 (i) was actually killed by the

22 defendant, or

23 (ii) received physical injuries

24 personally inflicted by the defendant

25 substantially contemporaneously with

26 physical injuries caused by one or more

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1 persons for whose conduct the defendant is

2 legally accountable under Section 5-2 of

3 this Code, and the physical injuries

4 inflicted by either the defendant or the

5 other person or persons for whose conduct

6 he is legally accountable caused the death

7 of the murdered individual; and (B) in

8 performing the acts which caused the death

9 of the murdered individual or which

10 resulted in physical injuries personally

11 inflicted by the defendant on the murdered

12 individual under the circumstances of

13 subdivision (ii) of clause (A) of this

14 clause (4), the defendant acted with the

15 intent to kill the murdered individual or

16 with the knowledge that his or her acts

17 created a strong probability of death or

18 great bodily harm to the murdered

19 individual or another; and

20 (B) in performing the acts which caused

21 the death of the murdered individual or which

22 resulted in physical injuries personally

23 inflicted by the defendant on the murdered

24 individual under the circumstances of

25 subdivision (ii) of clause (A) of this clause

26 (4), the defendant acted with the intent to

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1 kill the murdered individual or with the

2 knowledge that his or her acts created a

3 strong probability of death or great bodily

4 harm to the murdered individual or another;

5 and

6 (C) the other felony was an inherently

7 violent crime or the attempt to commit an

8 inherently violent crime. In this clause (C),

9 "inherently violent crime" includes, but is

10 not limited to, armed robbery, robbery,

11 predatory criminal sexual assault of a child,

12 aggravated criminal sexual assault, aggravated

13 kidnapping, aggravated vehicular hijacking,

14 aggravated arson, aggravated stalking,

15 residential burglary, and home invasion;

16 (5) the defendant committed the murder with

17 intent to prevent the murdered individual from

18 testifying or participating in any criminal

19 investigation or prosecution or giving material

20 assistance to the State in any investigation or

21 prosecution, either against the defendant or

22 another; or the defendant committed the murder

23 because the murdered individual was a witness in

24 any prosecution or gave material assistance to the

25 State in any investigation or prosecution, either

26 against the defendant or another; for purposes of

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1 this clause (5), "participating in any criminal

2 investigation or prosecution" is intended to

3 include those appearing in the proceedings in any

4 capacity such as trial judges, prosecutors,

5 defense attorneys, investigators, witnesses, or

6 jurors;

7 (6) the defendant, while committing an offense

8 punishable under Section 401, 401.1, 401.2, 405,

9 405.2, 407 or 407.1 or subsection (b) of Section

10 404 of the Illinois Controlled Substances Act, or

11 while engaged in a conspiracy or solicitation to

12 commit such offense, intentionally killed an

13 individual or counseled, commanded, induced,

14 procured or caused the intentional killing of the

15 murdered individual;

16 (7) the defendant was incarcerated in an

17 institution or facility of the Department of

18 Corrections at the time of the murder, and while

19 committing an offense punishable as a felony under

20 Illinois law, or while engaged in a conspiracy or

21 solicitation to commit such offense, intentionally

22 killed an individual or counseled, commanded,

23 induced, procured or caused the intentional

24 killing of the murdered individual;

25 (8) the murder was committed in a cold,

26 calculated and premeditated manner pursuant to a

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1 preconceived plan, scheme or design to take a

2 human life by unlawful means, and the conduct of

3 the defendant created a reasonable expectation

4 that the death of a human being would result

5 therefrom;

6 (9) the defendant was a principal

7 administrator, organizer, or leader of a

8 calculated criminal drug conspiracy consisting of

9 a hierarchical position of authority superior to

10 that of all other members of the conspiracy, and

11 the defendant counseled, commanded, induced,

12 procured, or caused the intentional killing of the

13 murdered person;

14 (10) the murder was intentional and involved

15 the infliction of torture. For the purpose of this

16 clause (10), torture means the infliction of or

17 subjection to extreme physical pain, motivated by

18 an intent to increase or prolong the pain,

19 suffering or agony of the victim;

20 (11) the murder was committed as a result of

21 the intentional discharge of a firearm by the

22 defendant from a motor vehicle and the victim was

23 not present within the motor vehicle;

24 (12) the murdered individual was a person with

25 a disability and the defendant knew or should have

26 known that the murdered individual was a person

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1 with a disability. For purposes of this clause

2 (12), "person with a disability" means a person

3 who suffers from a permanent physical or mental

4 impairment resulting from disease, an injury, a

5 functional disorder, or a congenital condition

6 that renders the person incapable of adequately

7 providing for his or her own health or personal

8 care;

9 (13) the murdered individual was subject to an

10 order of protection and the murder was committed

11 by a person against whom the same order of

12 protection was issued under the Illinois Domestic

13 Violence Act of 1986;

14 (14) the murdered individual was known by the

15 defendant to be a teacher or other person employed

16 in any school and the teacher or other employee is

17 upon the grounds of a school or grounds adjacent

18 to a school, or is in any part of a building used

19 for school purposes;

20 (15) the murder was committed by the defendant

21 in connection with or as a result of the offense of

22 terrorism as defined in Section 29D-14.9 of this

23 Code;

24 (16) the murdered individual was a member of a

25 congregation engaged in prayer or other religious

26 activities at a church, synagogue, mosque, or

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1 other building, structure, or place used for

2 religious worship; or

3 (17)(i) the murdered individual was a

4 physician, physician assistant, psychologist,

5 nurse, or advanced practice registered nurse;

6 (ii) the defendant knew or should have known

7 that the murdered individual was a physician,

8 physician assistant, psychologist, nurse, or

9 advanced practice registered nurse; and

10 (iii) the murdered individual was killed in

11 the course of acting in his or her capacity as a

12 physician, physician assistant, psychologist,

13 nurse, or advanced practice registered nurse, or

14 to prevent him or her from acting in that

15 capacity, or in retaliation for his or her acting

16 in that capacity.

17 (c) the court shall sentence the defendant to a

18 term of natural life imprisonment if the defendant, at

19 the time of the commission of the murder, had attained

20 the age of 18, and:

21 (i) has previously been convicted of first

22 degree murder under any state or federal law, or

23 (ii) is found guilty of murdering more than

24 one victim, or

25 (iii) is found guilty of murdering a peace

26 officer, fireman, or emergency management worker

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1 when the peace officer, fireman, or emergency

2 management worker was killed in the course of

3 performing his official duties, or to prevent the

4 peace officer or fireman from performing his

5 official duties, or in retaliation for the peace

6 officer, fireman, or emergency management worker

7 from performing his official duties, and the

8 defendant knew or should have known that the

9 murdered individual was a peace officer, fireman,

10 or emergency management worker, or

11 (iv) is found guilty of murdering an employee

12 of an institution or facility of the Department of

13 Corrections, or any similar local correctional

14 agency, when the employee was killed in the course

15 of performing his official duties, or to prevent

16 the employee from performing his official duties,

17 or in retaliation for the employee performing his

18 official duties, or

19 (v) is found guilty of murdering an emergency

20 medical technician - ambulance, emergency medical

21 technician - intermediate, emergency medical

22 technician - paramedic, ambulance driver or other

23 medical assistance or first aid person while

24 employed by a municipality or other governmental

25 unit when the person was killed in the course of

26 performing official duties or to prevent the

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1 person from performing official duties or in

2 retaliation for performing official duties and the

3 defendant knew or should have known that the

4 murdered individual was an emergency medical

5 technician - ambulance, emergency medical

6 technician - intermediate, emergency medical

7 technician - paramedic, ambulance driver, or other

8 medical assistant or first aid personnel, or

9 (vi) (blank), or

10 (vii) is found guilty of first degree murder

11 and the murder was committed by reason of any

12 person's activity as a community policing

13 volunteer or to prevent any person from engaging

14 in activity as a community policing volunteer. For

15 the purpose of this Section, "community policing

16 volunteer" has the meaning ascribed to it in

17 Section 2-3.5 of the Criminal Code of 2012.

18 For purposes of clause (v), "emergency medical

19 technician - ambulance", "emergency medical technician -

20 intermediate", "emergency medical technician -

21 paramedic", have the meanings ascribed to them in the

22 Emergency Medical Services (EMS) Systems Act.

23 (d)(i) if the person committed the offense while

24 armed with a firearm, 15 years shall be added to

25 the term of imprisonment imposed by the court;

26 (ii) if, during the commission of the offense, the

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1 person personally discharged a firearm, 20 years shall

2 be added to the term of imprisonment imposed by the

3 court;

4 (iii) if, during the commission of the offense,

5 the person personally discharged a firearm that

6 proximately caused great bodily harm, permanent

7 disability, permanent disfigurement, or death to

8 another person, 25 years or up to a term of natural

9 life shall be added to the term of imprisonment

10 imposed by the court.

11 (2) (blank);

12 (2.5) for a person who has attained the age of 18 years

13 at the time of the commission of the offense and who is

14 convicted under the circumstances described in subdivision

15 (b)(1)(B) of Section 11-1.20 or paragraph (3) of

16 subsection (b) of Section 12-13, subdivision (d)(2) of

17 Section 11-1.30 or paragraph (2) of subsection (d) of

18 Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or

19 paragraph (1.2) of subsection (b) of Section 12-14.1,

20 subdivision (b)(2) of Section 11-1.40 or paragraph (2) of

21 subsection (b) of Section 12-14.1 of the Criminal Code of

22 1961 or the Criminal Code of 2012, the sentence shall be a

23 term of natural life imprisonment.

24 (b) (Blank).

25 (c) (Blank).

26 (d) Subject to earlier termination under Section 3-3-8,

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1 the parole or mandatory supervised release term shall be

2 written as part of the sentencing order and shall be as

3 follows:

4 (1) for first degree murder or a Class X felony except

5 for the offenses of predatory criminal sexual assault of a

6 child, aggravated criminal sexual assault, and criminal

7 sexual assault and except for the offense of aggravated

8 child pornography under Section 11-20.1B, 11-20.3, or

9 11-20.1 with sentencing under subsection (c-5) of Section

10 11-20.1 of the Criminal Code of 1961 or the Criminal Code

11 of 2012, if committed on or after January 1, 2009, 3 years;

12 (2) for a Class 1 felony or a Class 2 felony except for

13 the offense of criminal sexual assault and except for the

14 offenses of manufacture and dissemination of child

15 pornography under clauses (a)(1) and (a)(2) of Section

16 11-20.1 of the Criminal Code of 1961 or the Criminal Code

17 of 2012, if committed on or after January 1, 2009, 2 years;

18 (3) for a Class 3 felony or a Class 4 felony, 1 year;

19 (4) for defendants who commit the offense of predatory

20 criminal sexual assault of a child, aggravated criminal

21 sexual assault, or criminal sexual assault, on or after

22 December 13, 2005 (the effective date of Public Act

23 94-715), or who commit the offense of aggravated child

24 pornography under Section 11-20.1B, 11-20.3, or 11-20.1

25 with sentencing under subsection (c-5) of Section 11-20.1

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

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1 manufacture of child pornography, or dissemination of

2 child pornography after January 1, 2009, the term of

3 mandatory supervised release shall range from a minimum of

4 3 years to a maximum of the natural life of the defendant;

5 (5) if the victim is under 18 years of age, for a

6 second or subsequent offense of aggravated criminal sexual

7 abuse or felony criminal sexual abuse, 4 years, at least

8 the first 2 years of which the defendant shall serve in an

9 electronic monitoring or home detention program under

10 Article 8A of Chapter V of this Code;

11 (6) for a felony domestic battery, aggravated domestic

12 battery, stalking, aggravated stalking, and a felony

13 violation of an order of protection, 4 years.

14 ~~Subject to earlier termination under Section 3-3-8, the parole~~

15 ~~or mandatory supervised release term shall be written as part~~

16 ~~of the sentencing order and shall be as follows:~~

17 ~~(1) for first degree murder or for the offenses of~~

18 ~~predatory criminal sexual assault of a child, aggravated~~

19 ~~criminal sexual assault, and criminal sexual assault if~~

20 ~~committed on or before December 12, 2005, 3 years;~~

21 ~~(1.5) except as provided in paragraph (7) of this~~

22 ~~subsection (d), for a Class X felony except for the~~

23 ~~offenses of predatory criminal sexual assault of a child,~~

24 ~~aggravated criminal sexual assault, and criminal sexual~~

25 ~~assault if committed on or after December 13, 2005 (the~~

26 ~~effective date of Public Act 94-715) and except for the~~

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1 ~~offense of aggravated child pornography under Section~~

2 ~~11-20.1B, 11-20.3, or 11-20.1 with sentencing under~~

3 ~~subsection (c-5) of Section 11-20.1 of the Criminal Code~~

4 ~~of 1961 or the Criminal Code of 2012, if committed on or~~

5 ~~after January 1, 2009, 18 months;~~

6 ~~(2) except as provided in paragraph (7) of this~~

7 ~~subsection (d), for a Class 1 felony or a Class 2 felony~~

8 ~~except for the offense of criminal sexual assault if~~

9 ~~committed on or after December 13, 2005 (the effective~~

10 ~~date of Public Act 94-715) and except for the offenses of~~

11 ~~manufacture and dissemination of child pornography under~~

12 ~~clauses (a)(1) and (a)(2) of Section 11-20.1 of the~~

13 ~~Criminal Code of 1961 or the Criminal Code of 2012, if~~

14 ~~committed on or after January 1, 2009, 12 months;~~

15 ~~(3) except as provided in paragraph (4), (6), or (7)~~

16 ~~of this subsection (d), for a Class 3 felony or a Class 4~~

17 ~~felony, 6 months; no later than 45 days after the onset of~~

18 ~~the term of mandatory supervised release, the Prisoner~~

19 ~~Review Board shall conduct a discretionary discharge~~

20 ~~review pursuant to the provisions of Section 3-3-8, which~~

21 ~~shall include the results of a standardized risk and needs~~

22 ~~assessment tool administered by the Department of~~

23 ~~Corrections; the changes to this paragraph (3) made by~~

24 ~~this amendatory Act of the 102nd General Assembly apply to~~

25 ~~all individuals released on mandatory supervised release~~

26 ~~on or after the effective date of this amendatory Act of~~

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1 ~~the 102nd General Assembly, including those individuals~~

2 ~~whose sentences were imposed prior to the effective date~~

3 ~~of this amendatory Act of the 102nd General Assembly;~~

4 ~~(4) for defendants who commit the offense of predatory~~

5 ~~criminal sexual assault of a child, aggravated criminal~~

6 ~~sexual assault, or criminal sexual assault, on or after~~

7 ~~December 13, 2005 (the effective date of Public Act~~

8 ~~94-715), or who commit the offense of aggravated child~~

9 ~~pornography under Section 11-20.1B, 11-20.3, or 11-20.1~~

10 ~~with sentencing under subsection (c-5) of Section 11-20.1~~

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

12 ~~manufacture of child pornography, or dissemination of~~

13 ~~child pornography after January 1, 2009, the term of~~

14 ~~mandatory supervised release shall range from a minimum of~~

15 ~~3 years to a maximum of the natural life of the defendant;~~

16 ~~(5) if the victim is under 18 years of age, for a~~

17 ~~second or subsequent offense of aggravated criminal sexual~~

18 ~~abuse or felony criminal sexual abuse, 4 years, at least~~

19 ~~the first 2 years of which the defendant shall serve in an~~

20 ~~electronic monitoring or home detention program under~~

21 ~~Article 8A of Chapter V of this Code;~~

22 ~~(6) for a felony domestic battery, aggravated domestic~~

23 ~~battery, stalking, aggravated stalking, and a felony~~

24 ~~violation of an order of protection, 4 years;~~

25 ~~(7) for any felony described in paragraph (a)(2)(ii),~~

26 ~~(a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),~~

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1 ~~(a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section~~

2 ~~3-6-3 of the Unified Code of Corrections requiring an~~

3 ~~inmate to serve a minimum of 85% of their court-imposed~~

4 ~~sentence, except for the offenses of predatory criminal~~

5 ~~sexual assault of a child, aggravated criminal sexual~~

6 ~~assault, and criminal sexual assault if committed on or~~

7 ~~after December 13, 2005 (the effective date of Public Act~~

8 ~~94-715) and except for the offense of aggravated child~~

9 ~~pornography under Section 11-20.1B, 11-20.3, or 11-20.1~~

10 ~~with sentencing under subsection (c-5) of Section 11-20.1~~

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

12 ~~if committed on or after January 1, 2009 and except as~~

13 ~~provided in paragraph (4) or paragraph (6) of this~~

14 ~~subsection (d), the term of mandatory supervised release~~

15 ~~shall be as follows:~~

16 ~~(A) Class X felony, 3 years;~~

17 ~~(B) Class 1 or Class 2 felonies, 2 years;~~

18 ~~(C) Class 3 or Class 4 felonies, 1 year.~~

19 (e) (Blank).

20 (f) (Blank).

21 (g) Notwithstanding any other provisions of this Act and

22 of Public Act 101-652: (i) the provisions of paragraph (3) of

23 subsection (d) are effective on July 1, 2022 and shall apply to

24 all individuals convicted on or after the effective date of

25 paragraph (3) of subsection (d); and (ii) the provisions of

26 paragraphs (1.5) and (2) of subsection (d) are effective on

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1 July 1, 2021 and shall apply to all individuals convicted on or

2 after the effective date of paragraphs (1.5) and (2) of

3 subsection (d).

4 (Source: P.A. 102-28, eff. 6-25-21; 102-687, eff. 12-17-21;

5 102-694, eff. 1-7-22; 102-1104, eff. 12-6-22; 103-51, eff.

6 1-1-24.)

7 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)

8 Sec. 5-8-4. Concurrent and consecutive terms of

9 imprisonment.

10 (a) Concurrent terms; multiple or additional sentences.

11 When an Illinois court (i) imposes multiple sentences of

12 imprisonment on a defendant at the same time or (ii) imposes a

13 sentence of imprisonment on a defendant who is already subject

14 to a sentence of imprisonment imposed by an Illinois court, a

15 court of another state, or a federal court, then the sentences

16 shall run concurrently unless otherwise determined by the

17 Illinois court under this Section.

18 (b) Concurrent terms; misdemeanor and felony. A defendant

19 serving a sentence for a misdemeanor who is convicted of a

20 felony and sentenced to imprisonment shall be transferred to

21 the Department of Corrections, and the misdemeanor sentence

22 shall be merged in and run concurrently with the felony

23 sentence.

24 (c) Consecutive terms; permissive. The court may impose

25 consecutive sentences in any of the following circumstances:

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1 (1) If, having regard to the nature and circumstances

2 of the offense and the history and character of the

3 defendant, it is the opinion of the court that consecutive

4 sentences are required to protect the public from further

5 criminal conduct by the defendant, the basis for which the

6 court shall set forth in the record.

7 (2) If one of the offenses for which a defendant was

8 convicted was a violation of Section 32-5.2 (aggravated

9 false personation of a peace officer) of the Criminal Code

10 of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision

11 (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of

12 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the

13 offense was committed in attempting or committing a

14 forcible felony.

15 ~~(3) If a person charged with a felony commits a~~

16 ~~separate felony while on pretrial release or in pretrial~~

17 ~~detention in a county jail facility or county detention~~

18 ~~facility, then the sentences imposed upon conviction of~~

19 ~~these felonies may be served consecutively regardless of~~

20 ~~the order in which the judgments of conviction are~~

21 ~~entered.~~

22 ~~(4) If a person commits a battery against a county~~

23 ~~correctional officer or sheriff's employee while serving a~~

24 ~~sentence or in pretrial detention in a county jail~~

25 ~~facility, then the sentence imposed upon conviction of the~~

26 ~~battery may be served consecutively with the sentence~~

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1 ~~imposed upon conviction of the earlier misdemeanor or~~

2 ~~felony, regardless of the order in which the judgments of~~

3 ~~conviction are entered.~~

4 ~~(5) If a person admitted to pretrial release following~~

5 ~~conviction of a felony commits a separate felony while~~

6 ~~released pretrial or if a person detained in a county jail~~

7 ~~facility or county detention facility following conviction~~

8 ~~of a felony commits a separate felony while in detention,~~

9 ~~then any sentence following conviction of the separate~~

10 ~~felony may be consecutive to that of the original sentence~~

11 ~~for which the defendant was released pretrial or detained.~~

12 ~~(6) If a person is found to be in possession of an item~~

13 ~~of contraband, as defined in Section 31A-0.1 of the~~

14 ~~Criminal Code of 2012, while serving a sentence in a~~

15 ~~county jail or while in pretrial detention in a county~~

16 ~~jail, the sentence imposed upon conviction for the offense~~

17 ~~of possessing contraband in a penal institution may be~~

18 ~~served consecutively to the sentence imposed for the~~

19 ~~offense for which the person is serving a sentence in the~~

20 ~~county jail or while in pretrial detention, regardless of~~

21 ~~the order in which the judgments of conviction are~~

22 ~~entered.~~

23 ~~(7) If a person is sentenced for a violation of a~~

24 ~~condition of pretrial release under Section 32-10 of the~~

25 ~~Criminal Code of 1961 or the Criminal Code of 2012, any~~

26 ~~sentence imposed for that violation may be served~~

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1 ~~consecutive to the sentence imposed for the charge for~~

2 ~~which pretrial release had been granted and with respect~~

3 ~~to which the defendant has been convicted.~~

4 (d) Consecutive terms; mandatory. The court shall impose

5 consecutive sentences in each of the following circumstances:

6 (1) One of the offenses for which the defendant was

7 convicted was first degree murder or a Class X or Class 1

8 felony and the defendant inflicted severe bodily injury.

9 (2) The defendant was convicted of a violation of

10 Section 11-1.20 or 12-13 (criminal sexual assault),

11 11-1.30 or 12-14 (aggravated criminal sexual assault), or

12 11-1.40 or 12-14.1 (predatory criminal sexual assault of a

13 child) of the Criminal Code of 1961 or the Criminal Code of

14 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,

15 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or

16 5/12-14.1).

17 (2.5) The defendant was convicted of a violation of

18 paragraph (1), (2), (3), (4), (5), or (7) of subsection

19 (a) of Section 11-20.1 (child pornography) or of paragraph

20 (1), (2), (3), (4), (5), or (7) of subsection (a) of

21 Section 11-20.1B or 11-20.3 (aggravated child pornography)

22 of the Criminal Code of 1961 or the Criminal Code of 2012;

23 or the defendant was convicted of a violation of paragraph

24 (6) of subsection (a) of Section 11-20.1 (child

25 pornography) or of paragraph (6) of subsection (a) of

26 Section 11-20.1B or 11-20.3 (aggravated child pornography)

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

2 when the child depicted is under the age of 13.

3 (3) The defendant was convicted of armed violence

4 based upon the predicate offense of any of the following:

5 solicitation of murder, solicitation of murder for hire,

6 heinous battery as described in Section 12-4.1 or

7 subdivision (a)(2) of Section 12-3.05, aggravated battery

8 of a senior citizen as described in Section 12-4.6 or

9 subdivision (a)(4) of Section 12-3.05, criminal sexual

10 assault, a violation of subsection (g) of Section 5 of the

11 Cannabis Control Act (720 ILCS 550/5), cannabis

12 trafficking, a violation of subsection (a) of Section 401

13 of the Illinois Controlled Substances Act (720 ILCS

14 570/401), controlled substance trafficking involving a

15 Class X felony amount of controlled substance under

16 Section 401 of the Illinois Controlled Substances Act (720

17 ILCS 570/401), a violation of the Methamphetamine Control

18 and Community Protection Act (720 ILCS 646/), calculated

19 criminal drug conspiracy, or streetgang criminal drug

20 conspiracy.

21 (4) The defendant was convicted of the offense of

22 leaving the scene of a motor vehicle crash involving death

23 or personal injuries under Section 11-401 of the Illinois

24 Vehicle Code (625 ILCS 5/11-401) and either: (A)

25 aggravated driving under the influence of alcohol, other

26 drug or drugs, or intoxicating compound or compounds, or

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1 any combination thereof under Section 11-501 of the

2 Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless

3 homicide under Section 9-3 of the Criminal Code of 1961 or

4 the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an

5 offense described in item (A) and an offense described in

6 item (B).

7 (5) The defendant was convicted of a violation of

8 Section 9-3.1 or Section 9-3.4 (concealment of homicidal

9 death) or Section 12-20.5 (dismembering a human body) of

10 the Criminal Code of 1961 or the Criminal Code of 2012 (720

11 ILCS 5/9-3.1 or 5/12-20.5).

12 (5.5) The defendant was convicted of a violation of

13 Section 24-3.7 (use of a stolen firearm in the commission

14 of an offense) of the Criminal Code of 1961 or the Criminal

15 Code of 2012.

16 (6) If the defendant was in the custody of the

17 Department of Corrections at the time of the commission of

18 the offense, the sentence shall be served consecutive to

19 the sentence under which the defendant is held by the

20 Department of Corrections. If, however, the defendant is

21 sentenced to punishment by death, the sentence shall be

22 executed at such time as the court may fix without regard

23 to the sentence under which the defendant may be held by

24 the Department.

25 (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)

26 for escape or attempted escape shall be served consecutive

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1 to the terms under which the offender is held by the

2 Department of Corrections.

3 (8) (Blank).

4 (8.1) If a person charged with a felony commits a

5 separate felony while on bond or in pretrial detention in

6 a county jail facility or county detention facility, then

7 the sentences imposed upon conviction of these felonies

8 shall be served consecutively regardless of the order in

9 which the judgments of conviction are entered.

10 (8.5) (Blank).

11 (8.6) If a person commits a battery against a county

12 correctional officer or sheriff's employee while serving a

13 sentence or in pretrial detention in a county jail

14 facility, then the sentence imposed upon conviction of the

15 battery shall be served consecutively with the sentence

16 imposed upon conviction of the earlier misdemeanor or

17 felony, regardless of the order in which the judgments of

18 conviction are entered.

19 (9) (Blank).

20 (9.1) If a person admitted to bail following

21 conviction of a felony commits a separate felony while

22 free on bond or if a person detained in a county jail

23 facility or county detention facility following conviction

24 of a felony commits a separate felony while in detention,

25 then any sentence following conviction of the separate

26 felony shall be consecutive to that of the original

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1 sentence for which the defendant was on bond or detained.

2 (10) (Blank).

3 (10.1) If a person is found to be in possession of an

4 item of contraband, as defined in Section 31A-0.1 of the

5 Criminal Code of 2012, while serving a sentence in a

6 county jail or while in pre-trial detention in a county

7 jail, the sentence imposed upon conviction for the offense

8 of possessing contraband in a penal institution shall be

9 served consecutively to the sentence imposed for the

10 offense in which the person is serving sentence in the

11 county jail or serving pretrial detention, regardless of

12 the order in which the judgments of conviction are

13 entered.

14 (11) (Blank).

15 (11.1) If a person is sentenced for a violation of

16 bail bond under Section 32-10 of the Criminal Code of 1961

17 or the Criminal Code of 2012, any sentence imposed for

18 that violation shall be served consecutive to the sentence

19 imposed for the charge for which bail had been granted and

20 with respect to which the defendant has been convicted.

21 (e) Consecutive terms; subsequent non-Illinois term. If an

22 Illinois court has imposed a sentence of imprisonment on a

23 defendant and the defendant is subsequently sentenced to a

24 term of imprisonment by a court of another state or a federal

25 court, then the Illinois sentence shall run consecutively to

26 the sentence imposed by the court of the other state or the

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1 federal court. That same Illinois court, however, may order

2 that the Illinois sentence run concurrently with the sentence

3 imposed by the court of the other state or the federal court,

4 but only if the defendant applies to that same Illinois court

5 within 30 days after the sentence imposed by the court of the

6 other state or the federal court is finalized.

7 (f) Consecutive terms; aggregate maximums and minimums.

8 The aggregate maximum and aggregate minimum of consecutive

9 sentences shall be determined as follows:

10 (1) For sentences imposed under law in effect prior to

11 February 1, 1978, the aggregate maximum of consecutive

12 sentences shall not exceed the maximum term authorized

13 under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of

14 Chapter V for the 2 most serious felonies involved. The

15 aggregate minimum period of consecutive sentences shall

16 not exceed the highest minimum term authorized under

17 Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter

18 V for the 2 most serious felonies involved. When sentenced

19 only for misdemeanors, a defendant shall not be

20 consecutively sentenced to more than the maximum for one

21 Class A misdemeanor.

22 (2) For sentences imposed under the law in effect on

23 or after February 1, 1978, the aggregate of consecutive

24 sentences for offenses that were committed as part of a

25 single course of conduct during which there was no

26 substantial change in the nature of the criminal objective

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1 shall not exceed the sum of the maximum terms authorized

2 under Article 4.5 of Chapter V for the 2 most serious

3 felonies involved, but no such limitation shall apply for

4 offenses that were not committed as part of a single

5 course of conduct during which there was no substantial

6 change in the nature of the criminal objective. When

7 sentenced only for misdemeanors, a defendant shall not be

8 consecutively sentenced to more than the maximum for one

9 Class A misdemeanor.

10 (g) Consecutive terms; manner served. In determining the

11 manner in which consecutive sentences of imprisonment, one or

12 more of which is for a felony, will be served, the Department

13 of Corrections shall treat the defendant as though he or she

14 had been committed for a single term subject to each of the

15 following:

16 (1) The maximum period of a term of imprisonment shall

17 consist of the aggregate of the maximums of the imposed

18 indeterminate terms, if any, plus the aggregate of the

19 imposed determinate sentences for felonies, plus the

20 aggregate of the imposed determinate sentences for

21 misdemeanors, subject to subsection (f) of this Section.

22 (2) The parole or mandatory supervised release term

23 shall be as provided in paragraph (e) of Section 5-4.5-50

24 (730 ILCS 5/5-4.5-50) for the most serious of the offenses

25 involved.

26 (3) The minimum period of imprisonment shall be the

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LRB103 35722 RLC 65802 b

1 aggregate of the minimum and determinate periods of

2 imprisonment imposed by the court, subject to subsection

3 (f) of this Section.

4 (4) The defendant shall be awarded credit against the

5 aggregate maximum term and the aggregate minimum term of

6 imprisonment for all time served in an institution since

7 the commission of the offense or offenses and as a

8 consequence thereof at the rate specified in Section 3-6-3

9 (730 ILCS 5/3-6-3).

10 (h) Notwithstanding any other provisions of this Section,

11 all sentences imposed by an Illinois court under this Code

12 shall run concurrent to any and all sentences imposed under

13 the Juvenile Court Act of 1987.

14 (Source: P.A. 102-350, eff. 8-13-21; 102-982, eff. 7-1-23;

15 102-1104, eff. 12-6-22.)

16 (730 ILCS 5/5-8-6) (from Ch. 38, par. 1005-8-6)

17 Sec. 5-8-6. Place of confinement.

18 (a) Offenders ~~Except as otherwise provided in this~~

19 ~~subsection (a), offenders~~ sentenced to a term of imprisonment

20 for a felony shall be committed to the penitentiary system of

21 the Department of Corrections. However, such sentence shall

22 not limit the powers of the Department of Children and Family

23 Services in relation to any child under the age of one year in

24 the sole custody of a person so sentenced, nor in relation to

25 any child delivered by a female so sentenced while she is so

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1 confined as a consequence of such sentence. A ~~Except as~~

2 ~~otherwise provided in this subsection (a), a~~ person sentenced

3 for a felony may be assigned by the Department of Corrections

4 to any of its institutions, facilities or programs. ~~An~~

5 ~~offender sentenced to a term of imprisonment for a Class 3 or 4~~

6 ~~felony, other than a violent crime as defined in Section 3 of~~

7 ~~the Rights of Crime Victims and Witnesses Act, in which the~~

8 ~~sentencing order indicates that the offender has less than 4~~

9 ~~months remaining on his or her sentence accounting for time~~

10 ~~served may not be confined in the penitentiary system of the~~

11 ~~Department of Corrections but may be assigned to electronic~~

12 ~~home detention under Article 8A of this Chapter V, an adult~~

13 ~~transition center, or another facility or program within the~~

14 ~~Department of Corrections.~~

15 (b) Offenders sentenced to a term of imprisonment for less

16 than one year shall be committed to the custody of the sheriff.

17 A person committed to the Department of Corrections, prior to

18 July 14, 1983, for less than one year may be assigned by the

19 Department to any of its institutions, facilities or programs.

20 (c) All offenders under 18 years of age when sentenced to

21 imprisonment shall be committed to the Department of Juvenile

22 Justice and the court in its order of commitment shall set a

23 definite term. The provisions of Section 3-3-3 shall be a part

24 of such commitment as fully as though written in the order of

25 commitment. The place of confinement for sentences imposed

26 before the effective date of this amendatory Act of the 99th

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1 General Assembly are not affected or abated by this amendatory

2 Act of the 99th General Assembly.

3 (d) No defendant shall be committed to the Department of

4 Corrections for the recovery of a fine or costs.

5 (e) When a court sentences a defendant to a term of

6 imprisonment concurrent with a previous and unexpired sentence

7 of imprisonment imposed by any district court of the United

8 States, it may commit the offender to the custody of the

9 Attorney General of the United States. The Attorney General of

10 the United States, or the authorized representative of the

11 Attorney General of the United States, shall be furnished with

12 the warrant of commitment from the court imposing sentence,

13 which warrant of commitment shall provide that, when the

14 offender is released from federal confinement, whether by

15 parole or by termination of sentence, the offender shall be

16 transferred by the Sheriff of the committing county to the

17 Department of Corrections. The court shall cause the

18 Department to be notified of such sentence at the time of

19 commitment and to be provided with copies of all records

20 regarding the sentence.

21 (Source: P.A. 101-652, eff. 7-1-21.)

22 (730 ILCS 5/5-8A-2) (from Ch. 38, par. 1005-8A-2)

23 Sec. 5-8A-2. Definitions. As used in this Article:

24 (A) "Approved electronic monitoring device" means a device

25 approved by the supervising authority which is primarily

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1 intended to record or transmit information as to the

2 defendant's presence or nonpresence in the home, consumption

3 of alcohol, consumption of drugs, location as determined

4 through GPS, cellular triangulation, Wi-Fi, or other

5 electronic means.

6 An approved electronic monitoring device may record or

7 transmit: oral or wire communications or an auditory sound;

8 visual images; or information regarding the offender's

9 activities while inside the offender's home. These devices are

10 subject to the required consent as set forth in Section 5-8A-5

11 of this Article.

12 An approved electronic monitoring device may be used to

13 record a conversation between the participant and the

14 monitoring device, or the participant and the person

15 supervising the participant solely for the purpose of

16 identification and not for the purpose of eavesdropping or

17 conducting any other illegally intrusive monitoring.

18 (A-10) "Department" means the Department of Corrections or

19 the Department of Juvenile Justice.

20 (A-20) "Electronic monitoring" means the monitoring of an

21 inmate, person, or offender with an electronic device both

22 within and outside of their home under the terms and

23 conditions established by the supervising authority.

24 (B) "Excluded offenses" means first degree murder, escape,

25 predatory criminal sexual assault of a child, aggravated

26 criminal sexual assault, criminal sexual assault, aggravated

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1 battery with a firearm as described in Section 12-4.2 or

2 subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section

3 12-3.05, bringing or possessing a firearm, ammunition or

4 explosive in a penal institution, any "Super-X" drug offense

5 or calculated criminal drug conspiracy or streetgang criminal

6 drug conspiracy, or any predecessor or successor offenses with

7 the same or substantially the same elements, or any inchoate

8 offenses relating to the foregoing offenses.

9 (B-10) "GPS" means a device or system which utilizes the

10 Global Positioning Satellite system for determining the

11 location of a person, inmate or offender.

12 (C) "Home detention" means the confinement of a person

13 convicted or charged with an offense to his or her place of

14 residence under the terms and conditions established by the

15 supervising authority. ~~Confinement need not be 24 hours per~~

16 ~~day to qualify as home detention, and significant restrictions~~

17 ~~on liberty such as 7pm to 7am curfews shall qualify. Home~~

18 ~~confinement may or may not be accompanied by electronic~~

19 ~~monitoring, and electronic monitoring is not required for~~

20 ~~purposes of sentencing credit.~~

21 (D) "Participant" means an inmate or offender placed into

22 an electronic monitoring program.

23 (E) "Supervising authority" means the Department of

24 Corrections, the Department of Juvenile Justice, probation

25 department, ~~a Chief Judge's office, pretrial services division~~

26 ~~or department,~~ sheriff, superintendent of municipal house of

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1 corrections or any other officer or agency charged with

2 authorizing and supervising electronic monitoring and home

3 detention.

4 (F) "Super-X drug offense" means a violation of Section

5 401(a)(1)(B), (C), or (D); Section 401(a)(2)(B), (C), or (D);

6 Section 401(a)(3)(B), (C), or (D); or Section 401(a)(7)(B),

7 (C), or (D) of the Illinois Controlled Substances Act.

8 (G) "Wi-Fi" or "WiFi" means a device or system which

9 utilizes a wireless local area network for determining the

10 location of a person, inmate or offender.

11 (Source: P.A. 101-652, eff. 7-1-21.)

12 (730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)

13 Sec. 5-8A-4. Program description. The supervising

14 authority may promulgate rules that prescribe reasonable

15 guidelines under which an electronic monitoring and home

16 detention program shall operate. When using electronic

17 monitoring for home detention these rules shall ~~may~~ include,

18 but not be limited to, the following:

19 (A) The participant ~~may be instructed to~~ shall remain

20 within the interior premises or within the property

21 boundaries of his or her residence at all times during the

22 hours designated by the supervising authority. Such

23 instances of approved absences from the home ~~shall~~ may

24 include, but are not limited to, the following:

25 (1) working or employment approved by the court or

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1 traveling to or from approved employment;

2 (2) unemployed and seeking employment approved for

3 the participant by the court;

4 (3) undergoing medical, psychiatric, mental health

5 treatment, counseling, or other treatment programs

6 approved for the participant by the court;

7 (4) attending an educational institution or a

8 program approved for the participant by the court;

9 (5) attending a regularly scheduled religious

10 service at a place of worship;

11 (6) participating in community work release or

12 community service programs approved for the

13 participant by the supervising authority; ~~or~~

14 (7) for another compelling reason consistent with

15 the public interest, as approved by the supervising

16 authority; or ~~.~~

17 ~~(8) purchasing groceries, food, or other basic~~

18 ~~necessities.~~

19 ~~(A-1) At a minimum, any person ordered to pretrial~~

20 ~~home confinement with or without electronic monitoring~~

21 ~~must be provided with movement spread out over no fewer~~

22 ~~than two days per week, to participate in basic activities~~

23 ~~such as those listed in paragraph (A). In this subdivision~~

24 ~~(A-1), "days" means a reasonable time period during a~~

25 ~~calendar day, as outlined by the court in the order~~

26 ~~placing the person on home confinement.~~

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1 (B) The participant shall admit any person or agent

2 designated by the supervising authority into his or her

3 residence at any time for purposes of verifying the

4 participant's compliance with the conditions of his or her

5 detention.

6 (C) The participant shall make the necessary

7 arrangements to allow for any person or agent designated

8 by the supervising authority to visit the participant's

9 place of education or employment at any time, based upon

10 the approval of the educational institution employer or

11 both, for the purpose of verifying the participant's

12 compliance with the conditions of his or her detention.

13 (D) The participant shall acknowledge and participate

14 with the approved electronic monitoring device as

15 designated by the supervising authority at any time for

16 the purpose of verifying the participant's compliance with

17 the conditions of his or her detention.

18 (E) The participant shall maintain the following:

19 (1) ~~access to~~ a working telephone in the

20 participant's home;

21 (2) a monitoring device in the participant's home,

22 or on the participant's person, or both; and

23 (3) a monitoring device in the participant's home

24 and on the participant's person in the absence of a

25 telephone.

26 (F) The participant shall obtain approval from the

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1 supervising authority before the participant changes

2 residence or the schedule described in subsection (A) of

3 this Section. ~~Such approval shall not be unreasonably~~

4 ~~withheld.~~

5 (G) The participant shall not commit another crime

6 during the period of home detention ordered by the Court.

7 (H) Notice to the participant that violation of the

8 order for home detention may subject the participant to

9 prosecution for the crime of escape as described in

10 Section 5-8A-4.1.

11 (I) The participant shall abide by other conditions as

12 set by the supervising authority.

13 (J) This Section takes effect January 1, 2022.

14 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;

15 102-687, eff. 12-17-21; 102-1104, eff. 12-6-22.)

16 (730 ILCS 5/5-8A-4.1)

17 Sec. 5-8A-4.1. Escape; failure to comply with a condition

18 of the electronic monitoring or home detention program.

19 (a) A person charged with or convicted of a felony, or

20 charged with or adjudicated delinquent for an act which, if

21 committed by an adult, would constitute a felony,

22 conditionally released from the supervising authority through

23 an electronic monitoring or home detention program, who

24 knowingly ~~escapes or leaves from the geographic boundaries of~~

25 ~~an electronic monitoring or home detention program with the~~

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1 ~~intent to evade prosecution~~ violates a condition of the

2 electronic monitoring or home detention program is guilty of a

3 Class 3 felony.

4 (b) A person charged with or convicted of a misdemeanor,

5 or charged with or adjudicated delinquent for an act which, if

6 committed by an adult, would constitute a misdemeanor,

7 conditionally released from the supervising authority through

8 an electronic monitoring or home detention program, who

9 knowingly ~~escapes or leaves from the geographic boundaries of~~

10 ~~an electronic monitoring or home detention program with the~~

11 ~~intent to evade prosecution~~ violates a condition of the

12 electronic monitoring or home detention program is guilty of a

13 Class B misdemeanor.

14 (c) A person who violates this Section while armed with a

15 dangerous weapon is guilty of a Class 1 felony.

16 (Source: P.A. 101-652, eff. 7-1-21; 102-1104, eff. 12-6-22.)

17 (730 ILCS 5/5-6-3.8 rep.)

18 (730 ILCS 5/5-8A-4.15 rep.)

19 Section 300. The Unified Code of Corrections is amended by

20 repealing Sections 5-6-3.8 and 5-8A-4.15.

21 Section 280. The Probation and Probation Officers Act is

22 amended by changing Section 18 as follows:

23 (730 ILCS 110/18)

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1 Sec. 18. Probation and court services departments

2 considered pretrial services agencies. For the purposes of

3 administering the provisions of Public Act 95-773, known as

4 the Cindy Bischof Law, all probation and court services

5 departments are to be considered pretrial services agencies

6 under the Pretrial Services Act and under the bail bond

7 ~~pretrial release~~ provisions of the Code of Criminal Procedure

8 of 1963.

9 (Source: P.A. 101-652, eff. 1-1-23.)

10 Section 305. The County Jail Act is amended by changing

11 Section 5 as follows:

12 (730 ILCS 125/5) (from Ch. 75, par. 105)

13 Sec. 5. Costs of maintaining prisoners.

14 (a) Except as provided in subsections (b) and (c), all

15 costs of maintaining persons committed for violations of

16 Illinois law, shall be the responsibility of the county.

17 Except as provided in subsection (b), all costs of maintaining

18 persons committed under any ordinance or resolution of a unit

19 of local government, including medical costs, is the

20 responsibility of the unit of local government enacting the

21 ordinance or resolution, and arresting the person.

22 (b) If a person who is serving a term of mandatory

23 supervised release for a felony is incarcerated in a county

24 jail, the Illinois Department of Corrections shall pay the

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1 county in which that jail is located one-half of the cost of

2 incarceration, as calculated by the Governor's Office of

3 Management and Budget and the county's chief financial

4 officer, for each day that the person remains in the county

5 jail after notice of the incarceration is given to the

6 Illinois Department of Corrections by the county, provided

7 that (i) the Illinois Department of Corrections has issued a

8 warrant for an alleged violation of mandatory supervised

9 release by the person; (ii) if the person is incarcerated on a

10 new charge, unrelated to the offense for which he or she is on

11 mandatory supervised release, there has been a court hearing

12 at which bail has ~~the conditions of pretrial release have~~ been

13 set on the new charge; (iii) the county has notified the

14 Illinois Department of Corrections that the person is

15 incarcerated in the county jail, which notice shall not be

16 given until the bail hearing has concluded, if the person is

17 incarcerated on a new charge; and (iv) the person remains

18 incarcerated in the county jail for more than 48 hours after

19 the notice has been given to the Department of Corrections by

20 the county. Calculation of the per diem cost shall be agreed

21 upon prior to the passage of the annual State budget.

22 (c) If a person who is serving a term of mandatory

23 supervised release is incarcerated in a county jail, following

24 an arrest on a warrant issued by the Illinois Department of

25 Corrections, solely for violation of a condition of mandatory

26 supervised release and not on any new charges for a new

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1 offense, then the Illinois Department of Corrections shall pay

2 the medical costs incurred by the county in securing treatment

3 for that person, for any injury or condition other than one

4 arising out of or in conjunction with the arrest of the person

5 or resulting from the conduct of county personnel, while he or

6 she remains in the county jail on the warrant issued by the

7 Illinois Department of Corrections.

8 (Source: P.A. 101-652, eff. 1-1-23.)

9 Section 310. The County Jail Good Behavior Allowance Act

10 is amended by changing Section 3 as follows:

11 (730 ILCS 130/3) (from Ch. 75, par. 32)

12 Sec. 3. The good behavior of any person who commences a

13 sentence of confinement in a county jail for a fixed term of

14 imprisonment after January 1, 1987 shall entitle such person

15 to a good behavior allowance, except that: (1) a person who

16 inflicted physical harm upon another person in committing the

17 offense for which he is confined shall receive no good

18 behavior allowance; and (2) a person sentenced for an offense

19 for which the law provides a mandatory minimum sentence shall

20 not receive any portion of a good behavior allowance that

21 would reduce the sentence below the mandatory minimum; and (3)

22 a person sentenced to a county impact incarceration program;

23 and (4) a person who is convicted of criminal sexual assault

24 under subdivision (a)(3) of Section 11-1.20 or paragraph

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1 (a)(3) of Section 12-13 of the Criminal Code of 1961 or the

2 Criminal Code of 2012, criminal sexual abuse, or aggravated

3 criminal sexual abuse shall receive no good behavior

4 allowance. The good behavior allowance provided for in this

5 Section shall not apply to individuals sentenced for a felony

6 to probation or conditional discharge where a condition of

7 such probation or conditional discharge is that the individual

8 serve a sentence of periodic imprisonment or to individuals

9 sentenced under an order of court for civil contempt.

10 Such good behavior allowance shall be cumulative and

11 awarded as provided in this Section.

12 The good behavior allowance rate shall be cumulative and

13 awarded on the following basis:

14 The prisoner shall receive one day of good behavior

15 allowance for each day of service of sentence in the county

16 jail, and one day of good behavior allowance for each day of

17 incarceration in the county jail before sentencing for the

18 offense that he or she is currently serving sentence but was

19 unable to post bail ~~comply with the conditions of pretrial~~

20 ~~release~~ before sentencing, except that a prisoner serving a

21 sentence of periodic imprisonment under Section 5-7-1 of the

22 Unified Code of Corrections shall only be eligible to receive

23 good behavior allowance if authorized by the sentencing judge.

24 Each day of good behavior allowance shall reduce by one day the

25 prisoner's period of incarceration set by the court. For the

26 purpose of calculating a prisoner's good behavior allowance, a

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1 fractional part of a day shall not be calculated as a day of

2 service of sentence in the county jail unless the fractional

3 part of the day is over 12 hours in which case a whole day

4 shall be credited on the good behavior allowance.

5 If consecutive sentences are served and the time served

6 amounts to a total of one year or more, the good behavior

7 allowance shall be calculated on a continuous basis throughout

8 the entire time served beginning on the first date of sentence

9 or incarceration, as the case may be.

10 (Source: P.A. 101-652, eff. 1-1-23.)

11 Section 315. The Veterans and Servicemembers Court

12 Treatment Act is amended by changing Section 20 as follows:

13 (730 ILCS 167/20)

14 Sec. 20. Eligibility. Veterans and servicemembers are

15 eligible for veterans and servicemembers courts, provided the

16 following:

17 (a) A defendant may be admitted into a veterans and

18 servicemembers court program only upon the consent of the

19 defendant and with the approval of the court. A defendant

20 agrees to be admitted when a written consent to

21 participate is provided to the court in open court and the

22 defendant acknowledges understanding of its contents.

23 (a-5) Each veterans and servicemembers court shall

24 have a target population defined in its written policies

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1 and procedures. The policies and procedures shall define

2 that court's eligibility and exclusionary criteria.

3 (b) A defendant shall be excluded from a veterans and

4 servicemembers court program if any of one of the

5 following applies:

6 (1) The crime is a crime of violence as set forth

7 in paragraph (3) of this subsection (b).

8 (2) The defendant does not demonstrate a

9 willingness to participate in a treatment program.

10 (3) The defendant has been convicted of a crime of

11 violence within the past 5 years excluding

12 incarceration time, parole, and periods of mandatory

13 supervised release. As used in this paragraph, "crime

14 of violence" means: first degree murder, second degree

15 murder, predatory criminal sexual assault of a child,

16 aggravated criminal sexual assault, criminal sexual

17 assault, armed robbery, aggravated arson, arson,

18 aggravated kidnapping and kidnapping, aggravated

19 battery resulting in great bodily harm or permanent

20 disability, aggravated domestic battery resulting in

21 great bodily harm or permanent disability, aggravated

22 criminal sexual abuse by a person in a position of

23 trust or authority over a child, stalking, aggravated

24 stalking, home invasion, aggravated vehicular

25 hijacking, or any offense involving the discharge of a

26 firearm.

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1 (4) The defendant is charged with a violation of

2 subparagraph (F) of paragraph (1) of subsection (d) of

3 Section 11-501 of the Illinois Vehicle Code in which

4 an individual is charged with aggravated driving under

5 the influence that resulted in the death of another

6 person or when the violation was a proximate cause of

7 the death, unless, pursuant to subparagraph (G) of

8 paragraph (1) of subsection (d) of Section 11-501 of

9 the Illinois Vehicle Code, the court determines that

10 extraordinary circumstances exist and require

11 probation.

12 (4.1) The crime for which the defendant has been

13 convicted is non-probationable.

14 (5) (Blank).

15 (6) (Blank).

16 (c) Notwithstanding subsection (a), the defendant may

17 be admitted into a veterans and servicemembers court

18 program only upon the agreement of the prosecutor if the

19 defendant is charged with a Class 2 or greater felony

20 violation of:

21 (1) Section 401, 401.1, 405, or 405.2 of the

22 Illinois Controlled Substances Act;

23 (2) Section 5, 5.1, or 5.2 of the Cannabis Control

24 Act; or

25 (3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56,

26 or 65 of the Methamphetamine Control and Community

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1 Protection Act.

2 (Source: P.A. 102-1041, eff. 6-2-22; 103-154, eff. 6-30-23.)

3 Section 320. The Mental Health Court Treatment Act is

4 amended by changing Section 20 as follows:

5 (730 ILCS 168/20)

6 Sec. 20. Eligibility.

7 (a) A defendant may be admitted into a mental health court

8 program only upon the consent of the defendant and with the

9 approval of the court. A defendant agrees to be admitted when a

10 written consent to participate is provided to the court in

11 open court and the defendant acknowledges understanding its

12 contents.

13 (a-5) Each mental health court shall have a target

14 population defined in its written policies and procedures. The

15 policies and procedures shall define that court's eligibility

16 and exclusionary criteria.

17 (b) A defendant shall be excluded from a mental health

18 court program if any one of the following applies:

19 (1) The crime is a crime of violence as set forth in

20 paragraph (3) of this subsection (b).

21 (2) The defendant does not demonstrate a willingness

22 to participate in a treatment program.

23 (3) The defendant has been convicted of a crime of

24 violence within the past 5 years excluding incarceration

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1 time, parole, and periods of mandatory supervised release.

2 As used in this paragraph (3), "crime of violence" means:

3 first degree murder, second degree murder, predatory

4 criminal sexual assault of a child, aggravated criminal

5 sexual assault, criminal sexual assault, armed robbery,

6 aggravated arson, arson, aggravated kidnapping,

7 kidnapping, aggravated battery resulting in great bodily

8 harm or permanent disability, aggravated domestic battery

9 resulting in great bodily harm or permanent disability,

10 aggravated criminal sexual abuse by a person in a position

11 of trust or authority over a child, stalking, aggravated

12 stalking, home invasion, aggravated vehicular hijacking,

13 or any offense involving the discharge of a firearm.

14 (4) The defendant is charged with a violation of

15 subparagraph (F) of paragraph (1) of subsection (d) of

16 Section 11-501 of the Illinois Vehicle Code in which an

17 individual is charged with aggravated driving under the

18 influence that resulted in the death of another person or

19 when the violation was a proximate cause of the death,

20 unless, pursuant to subparagraph (G) of paragraph (1) of

21 subsection (d) of Section 11-501 of the Illinois Vehicle

22 Code, the court determines that extraordinary

23 circumstances exist and require probation.

24 (5) The crime for which the defendant has been

25 convicted is non-probationable. ~~(Blank).~~

26 (6) (Blank).

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1 (c) Notwithstanding subsection (a), the defendant may be

2 admitted into a mental health court program only upon the

3 agreement of the prosecutor if the defendant is charged with a

4 Class 2 or greater felony violation of:

5 (1) Section 401, 401.1, 405, or 405.2 of the Illinois

6 Controlled Substances Act;

7 (2) Section 5, 5.1, or 5.2 of the Cannabis Control

8 Act; or

9 (3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or

10 65 of the Methamphetamine Control and Community Protection

11 Act.

12 (Source: P.A. 101-652, eff. 7-1-21; 102-1041, eff. 6-2-22.)

13 Section 325. The Code of Civil Procedure is amended by

14 changing Sections 10-106, 10-125, 10-127, 10-135, 10-136, and

15 21-103 as follows:

16 (735 ILCS 5/10-106) (from Ch. 110, par. 10-106)

17 Sec. 10-106. Grant of relief - Penalty. Unless it shall

18 appear from the complaint itself, or from the documents

19 thereto annexed, that the party can neither be discharged,

20 admitted to bail ~~pretrial release~~ nor otherwise relieved, the

21 court shall forthwith award relief by habeas corpus. Any judge

22 empowered to grant relief by habeas corpus who shall corruptly

23 refuse to grant the relief when legally applied for in a case

24 where it may lawfully be granted, or who shall for the purpose

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1 of oppression unreasonably delay the granting of such relief

2 shall, for every such offense, forfeit to the prisoner or

3 party affected a sum not exceeding $1,000.

4 (Source: P.A. 101-652, eff. 1-1-23.)

5 (735 ILCS 5/10-125) (from Ch. 110, par. 10-125)

6 Sec. 10-125. New commitment. In all cases where the

7 imprisonment is for a criminal, or supposed criminal matter,

8 if it appears to the court that there is sufficient legal cause

9 for the commitment of the prisoner, although such commitment

10 may have been informally made, or without due authority, or

11 the process may have been executed by a person not duly

12 authorized, the court shall make a new commitment in proper

13 form, and direct it to the proper officer, or admit the party

14 to bail ~~pretrial release~~ if the case is bailable ~~eligible for~~

15 ~~pretrial release~~. The court shall also, when necessary, take

16 the recognizance of all material witnesses against the

17 prisoner, as in other cases. The recognizances shall be in the

18 form provided by law, and returned as other recognizances. If

19 any judge shall neglect or refuse to bind any such prisoner or

20 witness by recognizance, or to return a recognizance when

21 taken as hereinabove stated, he or she shall be guilty of a

22 Class A misdemeanor in office, and be proceeded against

23 accordingly.

24 (Source: P.A. 101-652, eff. 1-1-23.)

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1 (735 ILCS 5/10-127) (from Ch. 110, par. 10-127)

2 Sec. 10-127. Grant of habeas corpus. It is not lawful for

3 any court, on a second order of habeas corpus obtained by such

4 prisoner, to discharge the prisoner, if he or she is clearly

5 and specifically charged in the warrant of commitment with a

6 criminal offense; but the court shall, on the return of such

7 second order, have power only to admit such prisoner to bail

8 ~~pretrial release~~ where the offense is bailable ~~eligible for~~

9 ~~pretrial release~~ by law, or remand him or her to prison where

10 the offense is not bailable ~~eligible for pretrial release~~, or

11 being bailable ~~eligible for pretrial release~~, where such

12 prisoner fails to give the bail required ~~comply with the terms~~

13 ~~of pretrial release~~.

14 (Source: P.A. 101-652, eff. 1-1-23.)

15 (735 ILCS 5/10-135) (from Ch. 110, par. 10-135)

16 Sec. 10-135. Habeas corpus to testify. The several courts

17 having authority to grant relief by habeas corpus, may enter

18 orders, when necessary, to bring before them any prisoner to

19 testify, or to be surrendered in discharge of bail ~~pretrial~~

20 ~~release~~, or for trial upon any criminal charge lawfully

21 pending in the same court or to testify in a criminal

22 proceeding in another state as provided for by Section 2 of the

23 "Uniform Act to secure the attendance of witnesses from within

24 or without a state in criminal proceedings", approved July 23,

25 1959, as heretofore or hereafter amended; and the order may be

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1 directed to any county in the State, and there be served and

2 returned by any officer to whom it is directed.

3 (Source: P.A. 101-652, eff. 1-1-23.)

4 (735 ILCS 5/10-136) (from Ch. 110, par. 10-136)

5 Sec. 10-136. Prisoner remanded or punished. After a

6 prisoner has given his or her testimony, or been surrendered,

7 or his or her bail ~~pretrial release~~ discharged, or he or she

8 has been tried for the crime with which he or she is charged,

9 he or she shall be returned to the jail or other place of

10 confinement from which he or she was taken for that purpose. If

11 such prisoner is convicted of a crime punishable with death or

12 imprisonment in the penitentiary, he or she may be punished

13 accordingly; but in any case where the prisoner has been taken

14 from the penitentiary, and his or her punishment is by

15 imprisonment, the time of such imprisonment shall not commence

16 to run until the expiration of the time of service under any

17 former sentence.

18 (Source: P.A. 101-652, eff. 1-1-23.)

19 (735 ILCS 5/21-103)

20 Sec. 21-103. Notice by publication.

21 (a) Previous notice shall be given of the intended

22 application by publishing a notice thereof in some newspaper

23 published in the municipality in which the person resides if

24 the municipality is in a county with a population under

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1 2,000,000, or if the person does not reside in a municipality

2 in a county with a population under 2,000,000, or if no

3 newspaper is published in the municipality or if the person

4 resides in a county with a population of 2,000,000 or more,

5 then in some newspaper published in the county where the

6 person resides, or if no newspaper is published in that

7 county, then in some convenient newspaper published in this

8 State. The notice shall be inserted for 3 consecutive weeks

9 after filing, the first insertion to be at least 6 weeks before

10 the return day upon which the petition is to be heard, and

11 shall be signed by the petitioner or, in case of a minor, the

12 minor's parent or guardian, and shall set forth the return day

13 of court on which the petition is to be heard and the name

14 sought to be assumed.

15 (b) The publication requirement of subsection (a) shall

16 not be required in any application for a change of name

17 involving a minor if, before making judgment under this

18 Article, reasonable notice and opportunity to be heard is

19 given to any parent whose parental rights have not been

20 previously terminated and to any person who has physical

21 custody of the child. If any of these persons are outside this

22 State, notice and opportunity to be heard shall be given under

23 Section 21-104.

24 (b-3) The publication requirement of subsection (a) shall

25 not be required in any application for a change of name

26 involving a person who has received a judgment of ~~for~~

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1 dissolution of marriage or declaration of invalidity of

2 marriage and wishes to change his or her name to resume the use

3 of his or her former or maiden name.

4 (b-5) The court may issue an order directing that the

5 notice and publication requirement be waived for a change of

6 name involving a person who files with the court a statement,

7 verified under oath as provided under Section 1-109 of this

8 Code, that the person believes that publishing notice of the

9 name change would be a hardship, including, but not limited

10 to, a negative impact on the person's health or safety.

11 (b-6) In a case where waiver of the notice and publication

12 requirement is sought, the petition for waiver is presumed

13 granted and heard at the same hearing as the petition for name

14 change. The court retains discretion to determine whether a

15 hardship is shown and may order the petitioner to publish

16 thereafter.

17 (c) The Director of the Illinois State Police or his or her

18 designee may apply to the circuit court for an order directing

19 that the notice and publication requirements of this Section

20 be waived if the Director or his or her designee certifies that

21 the name change being sought is intended to protect a witness

22 during and following a criminal investigation or proceeding.

23 (c-1) The court may also enter a written order waiving the

24 publication requirement of subsection (a) if:

25 (i) the petitioner is 18 years of age or older; and

26 (ii) concurrent with the petition, the petitioner

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1 files with the court a statement, verified under oath as

2 provided under Section 1-109 of this Code, attesting that

3 the petitioner is or has been a person protected under the

4 Illinois Domestic Violence Act of 1986, the Stalking No

5 Contact Order Act, the Civil No Contact Order Act, Article

6 112A of the Code of Criminal Procedure of 1963, a

7 condition of bail ~~pretrial release~~ under subsections (b)

8 through (d) of Section 110-10 of the Code of Criminal

9 Procedure of 1963, or a similar provision of a law in

10 another state or jurisdiction.

11 The petitioner may attach to the statement any supporting

12 documents, including relevant court orders.

13 (c-2) If the petitioner files a statement attesting that

14 disclosure of the petitioner's address would put the

15 petitioner or any member of the petitioner's family or

16 household at risk or reveal the confidential address of a

17 shelter for domestic violence victims, that address may be

18 omitted from all documents filed with the court, and the

19 petitioner may designate an alternative address for service.

20 (c-3) Court administrators may allow domestic abuse

21 advocates, rape crisis advocates, and victim advocates to

22 assist petitioners in the preparation of name changes under

23 subsection (c-1).

24 (c-4) If the publication requirements of subsection (a)

25 have been waived, the circuit court shall enter an order

26 impounding the case.

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1 (d) The maximum rate charged for publication of a notice

2 under this Section may not exceed the lowest classified rate

3 paid by commercial users for comparable space in the newspaper

4 in which the notice appears and shall include all cash

5 discounts, multiple insertion discounts, and similar benefits

6 extended to the newspaper's regular customers.

7 (Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20;

8 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; 102-813, eff.

9 5-13-22; 102-1133, eff. 1-1-24; revised 3-6-23.)

10 Section 330. The Civil No Contact Order Act is amended by

11 changing Section 220 as follows:

12 (740 ILCS 22/220)

13 Sec. 220. Enforcement of a civil no contact order.

14 (a) Nothing in this Act shall preclude any Illinois court

15 from enforcing a valid protective order issued in another

16 state or by a military judge.

17 (b) Illinois courts may enforce civil no contact orders

18 through both criminal proceedings and civil contempt

19 proceedings, unless the action which is second in time is

20 barred by collateral estoppel or the constitutional

21 prohibition against double jeopardy.

22 (b-1) The court shall not hold a school district or

23 private or non-public school or any of its employees in civil

24 or criminal contempt unless the school district or private or

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1 non-public school has been allowed to intervene.

2 (b-2) The court may hold the parents, guardian, or legal

3 custodian of a minor respondent in civil or criminal contempt

4 for a violation of any provision of any order entered under

5 this Act for conduct of the minor respondent in violation of

6 this Act if the parents, guardian, or legal custodian

7 directed, encouraged, or assisted the respondent minor in such

8 conduct.

9 (c) Criminal prosecution. A violation of any civil no

10 contact order, whether issued in a civil or criminal

11 proceeding or by a military judge, shall be enforced by a

12 criminal court when the respondent commits the crime of

13 violation of a civil no contact order pursuant to Section 219

14 by having knowingly violated:

15 (1) remedies described in Section 213 and included in

16 a civil no contact order; or

17 (2) a provision of an order, which is substantially

18 similar to provisions of Section 213, in a valid civil no

19 contact order which is authorized under the laws of

20 another state, tribe, or United States territory.

21 Prosecution for a violation of a civil no contact order

22 shall not bar a concurrent prosecution for any other crime,

23 including any crime that may have been committed at the time of

24 the violation of the civil no contact order.

25 (d) Contempt of court. A violation of any valid Illinois

26 civil no contact order, whether issued in a civil or criminal

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1 proceeding, may be enforced through civil or criminal contempt

2 procedures, as appropriate, by any court with jurisdiction,

3 regardless of where the act or acts which violated the civil no

4 contact order were committed, to the extent consistent with

5 the venue provisions of this Act.

6 (1) In a contempt proceeding where the petition for a

7 rule to show cause or petition for adjudication of

8 criminal contempt sets forth facts evidencing an immediate

9 danger that the respondent will flee the jurisdiction or

10 inflict physical abuse on the petitioner or minor children

11 or on dependent adults in the petitioner's care, the court

12 may order the attachment of the respondent without prior

13 service of the petition for a rule to show cause, the rule

14 to show cause, the petition for adjudication of criminal

15 contempt or the adjudication of criminal contempt. Bond

16 ~~Conditions of release~~ shall be set unless specifically

17 denied in writing.

18 (2) A petition for a rule to show cause or a petition

19 for adjudication of criminal contempt for violation of a

20 civil no contact order shall be treated as an expedited

21 proceeding.

22 (e) Actual knowledge. A civil no contact order may be

23 enforced pursuant to this Section if the respondent violates

24 the order after the respondent has actual knowledge of its

25 contents as shown through one of the following means:

26 (1) by service, delivery, or notice under Section 208;

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1 (2) by notice under Section 218;

2 (3) by service of a civil no contact order under

3 Section 218; or

4 (4) by other means demonstrating actual knowledge of

5 the contents of the order.

6 (f) The enforcement of a civil no contact order in civil or

7 criminal court shall not be affected by either of the

8 following:

9 (1) the existence of a separate, correlative order,

10 entered under Section 202; or

11 (2) any finding or order entered in a conjoined

12 criminal proceeding.

13 (g) Circumstances. The court, when determining whether or

14 not a violation of a civil no contact order has occurred, shall

15 not require physical manifestations of abuse on the person of

16 the victim.

17 (h) Penalties.

18 (1) Except as provided in paragraph (3) of this

19 subsection, where the court finds the commission of a

20 crime or contempt of court under subsection (a) or (b) of

21 this Section, the penalty shall be the penalty that

22 generally applies in such criminal or contempt

23 proceedings, and may include one or more of the following:

24 incarceration, payment of restitution, a fine, payment of

25 attorneys' fees and costs, or community service.

26 (2) The court shall hear and take into account

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1 evidence of any factors in aggravation or mitigation

2 before deciding an appropriate penalty under paragraph (1)

3 of this subsection.

4 (3) To the extent permitted by law, the court is

5 encouraged to:

6 (i) increase the penalty for the knowing violation

7 of any civil no contact order over any penalty

8 previously imposed by any court for respondent's

9 violation of any civil no contact order or penal

10 statute involving petitioner as victim and respondent

11 as defendant;

12 (ii) impose a minimum penalty of 24 hours

13 imprisonment for respondent's first violation of any

14 civil no contact order; and

15 (iii) impose a minimum penalty of 48 hours

16 imprisonment for respondent's second or subsequent

17 violation of a civil no contact order unless the court

18 explicitly finds that an increased penalty or that

19 period of imprisonment would be manifestly unjust.

20 (4) In addition to any other penalties imposed for a

21 violation of a civil no contact order, a criminal court

22 may consider evidence of any previous violations of a

23 civil no contact order:

24 (i) to increase, revoke or modify the bail bond

25 ~~conditions of pretrial release~~ on an underlying

26 criminal charge pursuant to Section 110-6 of the Code

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1 of Criminal Procedure of 1963;

2 (ii) to revoke or modify an order of probation,

3 conditional discharge or supervision, pursuant to

4 Section 5-6-4 of the Unified Code of Corrections; or

5 (iii) to revoke or modify a sentence of periodic

6 imprisonment, pursuant to Section 5-7-2 of the Unified

7 Code of Corrections.

8 (Source: P.A. 103-407, eff. 7-28-23.)

9 Section 335. The Illinois Domestic Violence Act of 1986 is

10 amended by changing Sections 223 and 301 as follows:

11 (750 ILCS 60/223) (from Ch. 40, par. 2312-23)

12 Sec. 223. Enforcement of orders of protection.

13 (a) When violation is crime. A violation of any order of

14 protection, whether issued in a civil or criminal proceeding

15 or by a military judge, shall be enforced by a criminal court

16 when:

17 (1) The respondent commits the crime of violation of

18 an order of protection pursuant to Section 12-3.4 or 12-30

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

20 by having knowingly violated:

21 (i) remedies described in paragraphs (1), (2),

22 (3), (14), or (14.5) of subsection (b) of Section 214

23 of this Act; or

24 (ii) a remedy, which is substantially similar to

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1 the remedies authorized under paragraphs (1), (2),

2 (3), (14), and (14.5) of subsection (b) of Section 214

3 of this Act, in a valid order of protection which is

4 authorized under the laws of another state, tribe, or

5 United States territory; or

6 (iii) any other remedy when the act constitutes a

7 crime against the protected parties as defined by the

8 Criminal Code of 1961 or the Criminal Code of 2012.

9 Prosecution for a violation of an order of protection

10 shall not bar concurrent prosecution for any other crime,

11 including any crime that may have been committed at the

12 time of the violation of the order of protection; or

13 (2) The respondent commits the crime of child

14 abduction pursuant to Section 10-5 of the Criminal Code of

15 1961 or the Criminal Code of 2012, by having knowingly

16 violated:

17 (i) remedies described in paragraphs (5), (6) or

18 (8) of subsection (b) of Section 214 of this Act; or

19 (ii) a remedy, which is substantially similar to

20 the remedies authorized under paragraphs (5), (6), or

21 (8) of subsection (b) of Section 214 of this Act, in a

22 valid order of protection which is authorized under

23 the laws of another state, tribe, or United States

24 territory.

25 (b) When violation is contempt of court. A violation of

26 any valid Illinois order of protection, whether issued in a

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1 civil or criminal proceeding or by a military judge, may be

2 enforced through civil or criminal contempt procedures, as

3 appropriate, by any court with jurisdiction, regardless where

4 the act or acts which violated the order of protection were

5 committed, to the extent consistent with the venue provisions

6 of this Act. Nothing in this Act shall preclude any Illinois

7 court from enforcing any valid order of protection issued in

8 another state. Illinois courts may enforce orders of

9 protection through both criminal prosecution and contempt

10 proceedings, unless the action which is second in time is

11 barred by collateral estoppel or the constitutional

12 prohibition against double jeopardy.

13 (1) In a contempt proceeding where the petition for a

14 rule to show cause sets forth facts evidencing an

15 immediate danger that the respondent will flee the

16 jurisdiction, conceal a child, or inflict physical abuse

17 on the petitioner or minor children or on dependent adults

18 in petitioner's care, the court may order the attachment

19 of the respondent without prior service of the rule to

20 show cause or the petition for a rule to show cause. Bond

21 ~~Conditions of release~~ shall be set unless specifically

22 denied in writing.

23 (2) A petition for a rule to show cause for violation

24 of an order of protection shall be treated as an expedited

25 proceeding.

26 (b-1) The court shall not hold a school district or

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1 private or non-public school or any of its employees in civil

2 or criminal contempt unless the school district or private or

3 non-public school has been allowed to intervene.

4 (b-2) The court may hold the parents, guardian, or legal

5 custodian of a minor respondent in civil or criminal contempt

6 for a violation of any provision of any order entered under

7 this Act for conduct of the minor respondent in violation of

8 this Act if the parents, guardian, or legal custodian

9 directed, encouraged, or assisted the respondent minor in such

10 conduct.

11 (c) Violation of custody or support orders or temporary or

12 final judgments allocating parental responsibilities. A

13 violation of remedies described in paragraphs (5), (6), (8),

14 or (9) of subsection (b) of Section 214 of this Act may be

15 enforced by any remedy provided by Section 607.5 of the

16 Illinois Marriage and Dissolution of Marriage Act. The court

17 may enforce any order for support issued under paragraph (12)

18 of subsection (b) of Section 214 in the manner provided for

19 under Parts V and VII of the Illinois Marriage and Dissolution

20 of Marriage Act.

21 (d) Actual knowledge. An order of protection may be

22 enforced pursuant to this Section if the respondent violates

23 the order after the respondent has actual knowledge of its

24 contents as shown through one of the following means:

25 (1) By service, delivery, or notice under Section 210.

26 (2) By notice under Section 210.1 or 211.

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1 (3) By service of an order of protection under Section

2 222.

3 (4) By other means demonstrating actual knowledge of

4 the contents of the order.

5 (e) The enforcement of an order of protection in civil or

6 criminal court shall not be affected by either of the

7 following:

8 (1) The existence of a separate, correlative order,

9 entered under Section 215.

10 (2) Any finding or order entered in a conjoined

11 criminal proceeding.

12 (f) Circumstances. The court, when determining whether or

13 not a violation of an order of protection has occurred, shall

14 not require physical manifestations of abuse on the person of

15 the victim.

16 (g) Penalties.

17 (1) Except as provided in paragraph (3) of this

18 subsection, where the court finds the commission of a

19 crime or contempt of court under subsections (a) or (b) of

20 this Section, the penalty shall be the penalty that

21 generally applies in such criminal or contempt

22 proceedings, and may include one or more of the following:

23 incarceration, payment of restitution, a fine, payment of

24 attorneys' fees and costs, or community service.

25 (2) The court shall hear and take into account

26 evidence of any factors in aggravation or mitigation

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1 before deciding an appropriate penalty under paragraph (1)

2 of this subsection.

3 (3) To the extent permitted by law, the court is

4 encouraged to:

5 (i) increase the penalty for the knowing violation

6 of any order of protection over any penalty previously

7 imposed by any court for respondent's violation of any

8 order of protection or penal statute involving

9 petitioner as victim and respondent as defendant;

10 (ii) impose a minimum penalty of 24 hours

11 imprisonment for respondent's first violation of any

12 order of protection; and

13 (iii) impose a minimum penalty of 48 hours

14 imprisonment for respondent's second or subsequent

15 violation of an order of protection

16 unless the court explicitly finds that an increased

17 penalty or that period of imprisonment would be manifestly

18 unjust.

19 (4) In addition to any other penalties imposed for a

20 violation of an order of protection, a criminal court may

21 consider evidence of any violations of an order of

22 protection:

23 (i) to increase, revoke or modify the bail bond

24 ~~conditions of pretrial release~~ on an underlying

25 criminal charge pursuant to Section 110-6 of the Code

26 of Criminal Procedure of 1963;

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1 (ii) to revoke or modify an order of probation,

2 conditional discharge or supervision, pursuant to

3 Section 5-6-4 of the Unified Code of Corrections;

4 (iii) to revoke or modify a sentence of periodic

5 imprisonment, pursuant to Section 5-7-2 of the Unified

6 Code of Corrections.

7 (5) In addition to any other penalties, the court

8 shall impose an additional fine of $20 as authorized by

9 Section 5-9-1.11 of the Unified Code of Corrections upon

10 any person convicted of or placed on supervision for a

11 violation of an order of protection. The additional fine

12 shall be imposed for each violation of this Section.

13 (Source: P.A. 102-890, eff. 5-19-22; 103-407, eff. 7-28-23.)

14 (750 ILCS 60/301) (from Ch. 40, par. 2313-1)

15 Sec. 301. Arrest without warrant.

16 (a) Any law enforcement officer may make an arrest without

17 warrant if the officer has probable cause to believe that the

18 person has committed or is committing any crime, including but

19 not limited to violation of an order of protection, under

20 Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the

21 Criminal Code of 2012, even if the crime was not committed in

22 the presence of the officer.

23 (b) The law enforcement officer may verify the existence

24 of an order of protection by telephone or radio communication

25 with his or her law enforcement agency or by referring to the

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1 copy of the order, or order of protection described on a Hope

2 Card under Section 219.5, provided by the petitioner or

3 respondent.

4 (c) Any law enforcement officer may make an arrest without

5 warrant if the officer has reasonable grounds to believe a

6 defendant at liberty under the provisions of subdivision

7 (d)(1) or (d)(2) of Section 110-10 of the Code of Criminal

8 Procedure of 1963 has violated a condition of his or her bail

9 bond ~~pretrial release~~ or recognizance.

10 (Source: P.A. 101-652, eff. 1-1-23; 102-481, eff. 1-1-22;

11 102-813, eff. 5-13-22.)

12 Section 340. The Industrial and Linen Supplies Marking Law

13 is amended by changing Section 11 as follows:

14 (765 ILCS 1045/11) (from Ch. 140, par. 111)

15 Sec. 11. Search warrant. Whenever the registrant, or

16 officer, or authorized agent of any firm, partnership or

17 corporation which is a registrant under this Act, takes an

18 oath before any circuit court, that he has reason to believe

19 that any supplies are being unlawfully used, sold, or secreted

20 in any place, the court shall issue a search warrant to any

21 police officer authorizing such officer to search the premises

22 wherein it is alleged such articles may be found and take into

23 custody any person in whose possession the articles are found.

24 Any person so seized shall be taken without unnecessary delay

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1 before the court issuing the search warrant. The court is

2 empowered to impose bail ~~conditions of pretrial release~~ on any

3 such person to compel his attendance at any continued hearing.

4 (Source: P.A. 101-652, eff. 1-1-23.)

5 Section 345. The Illinois Torture Inquiry and Relief

6 Commission Act is amended by changing Section 50 as follows:

7 (775 ILCS 40/50)

8 Sec. 50. Post-commission judicial review.

9 (a) If the Commission concludes there is sufficient

10 evidence of torture to merit judicial review, the Chair of the

11 Commission shall request the Chief Judge of the Circuit Court

12 of Cook County for assignment to a trial judge for

13 consideration. The court may receive proof by affidavits,

14 depositions, oral testimony, or other evidence. In its

15 discretion the court may order the petitioner brought before

16 the court for the hearing. Notwithstanding the status of any

17 other postconviction proceedings relating to the petitioner,

18 if the court finds in favor of the petitioner, it shall enter

19 an appropriate order with respect to the judgment or sentence

20 in the former proceedings and such supplementary orders as to

21 rearraignment, retrial, custody, bail, ~~pretrial release~~ or

22 discharge, or for such relief as may be granted under a

23 petition for a certificate of innocence, as may be necessary

24 and proper.

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1 (b) The State's Attorney, or the State's Attorney's

2 designee, shall represent the State at the hearing before the

3 assigned judge.

4 (Source: P.A. 101-652, eff. 1-1-23.)

5 Section 350. The Unemployment Insurance Act is amended by

6 changing Section 602 as follows:

7 (820 ILCS 405/602) (from Ch. 48, par. 432)

8 Sec. 602. Discharge for misconduct - Felony.

9 A. An individual shall be ineligible for benefits for the

10 week in which he has been discharged for misconduct connected

11 with his work and, thereafter, until he has become reemployed

12 and has had earnings equal to or in excess of his current

13 weekly benefit amount in each of four calendar weeks which are

14 either for services in employment, or have been or will be

15 reported pursuant to the provisions of the Federal Insurance

16 Contributions Act by each employing unit for which such

17 services are performed and which submits a statement

18 certifying to that fact. The requalification requirements of

19 the preceding sentence shall be deemed to have been satisfied,

20 as of the date of reinstatement, if, subsequent to his

21 discharge by an employing unit for misconduct connected with

22 his work, such individual is reinstated by such employing

23 unit. For purposes of this subsection, the term "misconduct"

24 means the deliberate and willful violation of a reasonable

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1 rule or policy of the employing unit, governing the

2 individual's behavior in performance of his work, provided

3 such violation has harmed the employing unit or other

4 employees or has been repeated by the individual despite a

5 warning or other explicit instruction from the employing unit.

6 The previous definition notwithstanding, "misconduct" shall

7 include any of the following work-related circumstances:

8 1. Falsification of an employment application, or any

9 other documentation provided to the employer, to obtain

10 employment through subterfuge.

11 2. Failure to maintain licenses, registrations, and

12 certifications reasonably required by the employer, or

13 those that the individual is required to possess by law,

14 to perform his or her regular job duties, unless the

15 failure is not within the control of the individual.

16 3. Knowing, repeated violation of the attendance

17 policies of the employer that are in compliance with State

18 and federal law following a written warning for an

19 attendance violation, unless the individual can

20 demonstrate that he or she has made a reasonable effort to

21 remedy the reason or reasons for the violations or that

22 the reason or reasons for the violations were out of the

23 individual's control. Attendance policies of the employer

24 shall be reasonable and provided to the individual in

25 writing, electronically, or via posting in the workplace.

26 4. Damaging the employer's property through conduct

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1 that is grossly negligent.

2 5. Refusal to obey an employer's reasonable and lawful

3 instruction, unless the refusal is due to the lack of

4 ability, skills, or training for the individual required

5 to obey the instruction or the instruction would result in

6 an unsafe act.

7 6. Consuming alcohol or illegal or non-prescribed

8 prescription drugs, or using an impairing substance in an

9 off-label manner, on the employer's premises during

10 working hours in violation of the employer's policies.

11 7. Reporting to work under the influence of alcohol,

12 illegal or non-prescribed prescription drugs, or an

13 impairing substance used in an off-label manner in

14 violation of the employer's policies, unless the

15 individual is compelled to report to work by the employer

16 outside of scheduled and on-call working hours and informs

17 the employer that he or she is under the influence of

18 alcohol, illegal or non-prescribed prescription drugs, or

19 an impairing substance used in an off-label manner in

20 violation of the employer's policies.

21 8. Grossly negligent conduct endangering the safety of

22 the individual or co-workers.

23 For purposes of paragraphs 4 and 8, conduct is "grossly

24 negligent" when the individual is, or reasonably should be,

25 aware of a substantial risk that the conduct will result in the

26 harm sought to be prevented and the conduct constitutes a

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1 substantial deviation from the standard of care a reasonable

2 person would exercise in the situation.

3 Nothing in paragraph 6 or 7 prohibits the lawful use of

4 over-the-counter drug products as defined in Section 206 of

5 the Illinois Controlled Substances Act, provided that the

6 medication does not affect the safe performance of the

7 employee's work duties.

8 B. Notwithstanding any other provision of this Act, no

9 benefit rights shall accrue to any individual based upon wages

10 from any employer for service rendered prior to the day upon

11 which such individual was discharged because of the commission

12 of a felony in connection with his work, or because of theft in

13 connection with his work, for which the employer was in no way

14 responsible; provided, that the employer notified the Director

15 of such possible ineligibility within the time limits

16 specified by regulations of the Director, and that the

17 individual has admitted his commission of the felony or theft

18 to a representative of the Director, or has signed a written

19 admission of such act and such written admission has been

20 presented to a representative of the Director, or such act has

21 resulted in a conviction or order of supervision by a court of

22 competent jurisdiction; and provided further, that if by

23 reason of such act, he is in legal custody, held on bail

24 ~~pretrial release~~ or is a fugitive from justice, the

25 determination of his benefit rights shall be held in abeyance

26 pending the result of any legal proceedings arising therefrom.

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1 (Source: P.A. 101-652, eff. 1-1-23.)

2 (730 ILCS 5/3-6-7.1 rep.)

3 (730 ILCS 5/3-6-7.2 rep.)

4 (730 ILCS 5/3-6-7.3 rep.)

5 (730 ILCS 5/3-6-7.4 rep.)

6 Section 355. The Unified Code of Corrections is amended by

7 repealing Sections 3-6-7.1, 3-6-7.2, 3-6-7.3, and 3-6-7.4.

8 (730 ILCS 125/17.6 rep.)

9 (730 ILCS 125/17.7 rep.)

10 (730 ILCS 125/17.8 rep.)

11 (730 ILCS 125/17.9 rep.)

12 Section 360. The County Jail Act is amended by repealing

13 Sections 17.6, 17.7, 17.8, and 17.9.

14 Section 365. The Open Meetings Act is amended by changing

15 Section 2 as follows:

16 (5 ILCS 120/2) (from Ch. 102, par. 42)

17 Sec. 2. Open meetings.

18 (a) Openness required. All meetings of public bodies shall

19 be open to the public unless excepted in subsection (c) and

20 closed in accordance with Section 2a.

21 (b) Construction of exceptions. The exceptions contained

22 in subsection (c) are in derogation of the requirement that

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1 public bodies meet in the open, and therefore, the exceptions

2 are to be strictly construed, extending only to subjects

3 clearly within their scope. The exceptions authorize but do

4 not require the holding of a closed meeting to discuss a

5 subject included within an enumerated exception.

6 (c) Exceptions. A public body may hold closed meetings to

7 consider the following subjects:

8 (1) The appointment, employment, compensation,

9 discipline, performance, or dismissal of specific

10 employees, specific individuals who serve as independent

11 contractors in a park, recreational, or educational

12 setting, or specific volunteers of the public body or

13 legal counsel for the public body, including hearing

14 testimony on a complaint lodged against an employee, a

15 specific individual who serves as an independent

16 contractor in a park, recreational, or educational

17 setting, or a volunteer of the public body or against

18 legal counsel for the public body to determine its

19 validity. However, a meeting to consider an increase in

20 compensation to a specific employee of a public body that

21 is subject to the Local Government Wage Increase

22 Transparency Act may not be closed and shall be open to the

23 public and posted and held in accordance with this Act.

24 (2) Collective negotiating matters between the public

25 body and its employees or their representatives, or

26 deliberations concerning salary schedules for one or more

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1 classes of employees.

2 (3) The selection of a person to fill a public office,

3 as defined in this Act, including a vacancy in a public

4 office, when the public body is given power to appoint

5 under law or ordinance, or the discipline, performance or

6 removal of the occupant of a public office, when the

7 public body is given power to remove the occupant under

8 law or ordinance.

9 (4) Evidence or testimony presented in open hearing,

10 or in closed hearing where specifically authorized by law,

11 to a quasi-adjudicative body, as defined in this Act,

12 provided that the body prepares and makes available for

13 public inspection a written decision setting forth its

14 determinative reasoning.

15 (4.5) Evidence or testimony presented to a school

16 board regarding denial of admission to school events or

17 property pursuant to Section 24-24 of the School Code,

18 provided that the school board prepares and makes

19 available for public inspection a written decision setting

20 forth its determinative reasoning.

21 (5) The purchase or lease of real property for the use

22 of the public body, including meetings held for the

23 purpose of discussing whether a particular parcel should

24 be acquired.

25 (6) The setting of a price for sale or lease of

26 property owned by the public body.

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1 (7) The sale or purchase of securities, investments,

2 or investment contracts. This exception shall not apply to

3 the investment of assets or income of funds deposited into

4 the Illinois Prepaid Tuition Trust Fund.

5 (8) Security procedures, school building safety and

6 security, and the use of personnel and equipment to

7 respond to an actual, a threatened, or a reasonably

8 potential danger to the safety of employees, students,

9 staff, the public, or public property.

10 (9) Student disciplinary cases.

11 (10) The placement of individual students in special

12 education programs and other matters relating to

13 individual students.

14 (11) Litigation, when an action against, affecting or

15 on behalf of the particular public body has been filed and

16 is pending before a court or administrative tribunal, or

17 when the public body finds that an action is probable or

18 imminent, in which case the basis for the finding shall be

19 recorded and entered into the minutes of the closed

20 meeting.

21 (12) The establishment of reserves or settlement of

22 claims as provided in the Local Governmental and

23 Governmental Employees Tort Immunity Act, if otherwise the

24 disposition of a claim or potential claim might be

25 prejudiced, or the review or discussion of claims, loss or

26 risk management information, records, data, advice or

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1 communications from or with respect to any insurer of the

2 public body or any intergovernmental risk management

3 association or self insurance pool of which the public

4 body is a member.

5 (13) Conciliation of complaints of discrimination in

6 the sale or rental of housing, when closed meetings are

7 authorized by the law or ordinance prescribing fair

8 housing practices and creating a commission or

9 administrative agency for their enforcement.

10 (14) Informant sources, the hiring or assignment of

11 undercover personnel or equipment, or ongoing, prior or

12 future criminal investigations, when discussed by a public

13 body with criminal investigatory responsibilities.

14 (15) Professional ethics or performance when

15 considered by an advisory body appointed to advise a

16 licensing or regulatory agency on matters germane to the

17 advisory body's field of competence.

18 (16) Self evaluation, practices and procedures or

19 professional ethics, when meeting with a representative of

20 a statewide association of which the public body is a

21 member.

22 (17) The recruitment, credentialing, discipline or

23 formal peer review of physicians or other health care

24 professionals, or for the discussion of matters protected

25 under the federal Patient Safety and Quality Improvement

26 Act of 2005, and the regulations promulgated thereunder,

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1 including 42 C.F.R. Part 3 (73 FR 70732), or the federal

2 Health Insurance Portability and Accountability Act of

3 1996, and the regulations promulgated thereunder,

4 including 45 C.F.R. Parts 160, 162, and 164, by a

5 hospital, or other institution providing medical care,

6 that is operated by the public body.

7 (18) Deliberations for decisions of the Prisoner

8 Review Board.

9 (19) Review or discussion of applications received

10 under the Experimental Organ Transplantation Procedures

11 Act.

12 (20) The classification and discussion of matters

13 classified as confidential or continued confidential by

14 the State Government Suggestion Award Board.

15 (21) Discussion of minutes of meetings lawfully closed

16 under this Act, whether for purposes of approval by the

17 body of the minutes or semi-annual review of the minutes

18 as mandated by Section 2.06.

19 (22) Deliberations for decisions of the State

20 Emergency Medical Services Disciplinary Review Board.

21 (23) The operation by a municipality of a municipal

22 utility or the operation of a municipal power agency or

23 municipal natural gas agency when the discussion involves

24 (i) contracts relating to the purchase, sale, or delivery

25 of electricity or natural gas or (ii) the results or

26 conclusions of load forecast studies.

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1 (24) Meetings of a residential health care facility

2 resident sexual assault and death review team or the

3 Executive Council under the Abuse Prevention Review Team

4 Act.

5 (25) Meetings of an independent team of experts under

6 Brian's Law.

7 (26) Meetings of a mortality review team appointed

8 under the Department of Juvenile Justice Mortality Review

9 Team Act.

10 (27) (Blank).

11 (28) Correspondence and records (i) that may not be

12 disclosed under Section 11-9 of the Illinois Public Aid

13 Code or (ii) that pertain to appeals under Section 11-8 of

14 the Illinois Public Aid Code.

15 (29) Meetings between internal or external auditors

16 and governmental audit committees, finance committees, and

17 their equivalents, when the discussion involves internal

18 control weaknesses, identification of potential fraud risk

19 areas, known or suspected frauds, and fraud interviews

20 conducted in accordance with generally accepted auditing

21 standards of the United States of America.

22 (30) Those meetings or portions of meetings of a

23 fatality review team or the Illinois Fatality Review Team

24 Advisory Council during which a review of the death of an

25 eligible adult in which abuse or neglect is suspected,

26 alleged, or substantiated is conducted pursuant to Section

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1 15 of the Adult Protective Services Act.

2 (31) Meetings and deliberations for decisions of the

3 Concealed Carry Licensing Review Board under the Firearm

4 Concealed Carry Act.

5 (32) Meetings between the Regional Transportation

6 Authority Board and its Service Boards when the discussion

7 involves review by the Regional Transportation Authority

8 Board of employment contracts under Section 28d of the

9 Metropolitan Transit Authority Act and Sections 3A.18 and

10 3B.26 of the Regional Transportation Authority Act.

11 (33) Those meetings or portions of meetings of the

12 advisory committee and peer review subcommittee created

13 under Section 320 of the Illinois Controlled Substances

14 Act during which specific controlled substance prescriber,

15 dispenser, or patient information is discussed.

16 (34) Meetings of the Tax Increment Financing Reform

17 Task Force under Section 2505-800 of the Department of

18 Revenue Law of the Civil Administrative Code of Illinois.

19 (35) Meetings of the group established to discuss

20 Medicaid capitation rates under Section 5-30.8 of the

21 Illinois Public Aid Code.

22 (36) Those deliberations or portions of deliberations

23 for decisions of the Illinois Gaming Board in which there

24 is discussed any of the following: (i) personal,

25 commercial, financial, or other information obtained from

26 any source that is privileged, proprietary, confidential,

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1 or a trade secret; or (ii) information specifically

2 exempted from the disclosure by federal or State law.

3 (37) (Blank). ~~Deliberations for decisions of the~~

4 ~~Illinois Law Enforcement Training Standards Board, the~~

5 ~~Certification Review Panel, and the Illinois State Police~~

6 ~~Merit Board regarding certification and decertification.~~

7 (38) Meetings of the Ad Hoc Statewide Domestic

8 Violence Fatality Review Committee of the Illinois

9 Criminal Justice Information Authority Board that occur in

10 closed executive session under subsection (d) of Section

11 35 of the Domestic Violence Fatality Review Act.

12 (39) Meetings of the regional review teams under

13 subsection (a) of Section 75 of the Domestic Violence

14 Fatality Review Act.

15 (40) Meetings of the Firearm Owner's Identification

16 Card Review Board under Section 10 of the Firearm Owners

17 Identification Card Act.

18 (d) Definitions. For purposes of this Section:

19 "Employee" means a person employed by a public body whose

20 relationship with the public body constitutes an

21 employer-employee relationship under the usual common law

22 rules, and who is not an independent contractor.

23 "Public office" means a position created by or under the

24 Constitution or laws of this State, the occupant of which is

25 charged with the exercise of some portion of the sovereign

26 power of this State. The term "public office" shall include

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1 members of the public body, but it shall not include

2 organizational positions filled by members thereof, whether

3 established by law or by a public body itself, that exist to

4 assist the body in the conduct of its business.

5 "Quasi-adjudicative body" means an administrative body

6 charged by law or ordinance with the responsibility to conduct

7 hearings, receive evidence or testimony and make

8 determinations based thereon, but does not include local

9 electoral boards when such bodies are considering petition

10 challenges.

11 (e) Final action. No final action may be taken at a closed

12 meeting. Final action shall be preceded by a public recital of

13 the nature of the matter being considered and other

14 information that will inform the public of the business being

15 conducted.

16 (Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;

17 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.

18 7-28-23.)

19 Section 370. The Freedom of Information Act is amended by

20 changing Sections 7 and 7.5 as follows:

21 (5 ILCS 140/7)

22 Sec. 7. Exemptions.

23 (1) When a request is made to inspect or copy a public

24 record that contains information that is exempt from

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1 disclosure under this Section, but also contains information

2 that is not exempt from disclosure, the public body may elect

3 to redact the information that is exempt. The public body

4 shall make the remaining information available for inspection

5 and copying. Subject to this requirement, the following shall

6 be exempt from inspection and copying:

7 (a) Information specifically prohibited from

8 disclosure by federal or State law or rules and

9 regulations implementing federal or State law.

10 (b) Private information, unless disclosure is required

11 by another provision of this Act, a State or federal law,

12 or a court order.

13 (b-5) Files, documents, and other data or databases

14 maintained by one or more law enforcement agencies and

15 specifically designed to provide information to one or

16 more law enforcement agencies regarding the physical or

17 mental status of one or more individual subjects.

18 (c) Personal information contained within public

19 records, the disclosure of which would constitute a

20 clearly unwarranted invasion of personal privacy, unless

21 the disclosure is consented to in writing by the

22 individual subjects of the information. "Unwarranted

23 invasion of personal privacy" means the disclosure of

24 information that is highly personal or objectionable to a

25 reasonable person and in which the subject's right to

26 privacy outweighs any legitimate public interest in

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1 obtaining the information. The disclosure of information

2 that bears on the public duties of public employees and

3 officials shall not be considered an invasion of personal

4 privacy.

5 (d) Records in the possession of any public body

6 created in the course of administrative enforcement

7 proceedings, and any law enforcement or correctional

8 agency for law enforcement purposes, but only to the

9 extent that disclosure would:

10 (i) interfere with pending or actually and

11 reasonably contemplated law enforcement proceedings

12 conducted by any law enforcement or correctional

13 agency that is the recipient of the request;

14 (ii) interfere with active administrative

15 enforcement proceedings conducted by the public body

16 that is the recipient of the request;

17 (iii) create a substantial likelihood that a

18 person will be deprived of a fair trial or an impartial

19 hearing;

20 (iv) unavoidably disclose the identity of a

21 confidential source, confidential information

22 furnished only by the confidential source, or persons

23 who file complaints with or provide information to

24 administrative, investigative, law enforcement, or

25 penal agencies; except that the identities of

26 witnesses to traffic crashes, traffic crash reports,

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1 and rescue reports shall be provided by agencies of

2 local government, except when disclosure would

3 interfere with an active criminal investigation

4 conducted by the agency that is the recipient of the

5 request;

6 (v) disclose unique or specialized investigative

7 techniques other than those generally used and known

8 or disclose internal documents of correctional

9 agencies related to detection, observation, or

10 investigation of incidents of crime or misconduct, and

11 disclosure would result in demonstrable harm to the

12 agency or public body that is the recipient of the

13 request;

14 (vi) endanger the life or physical safety of law

15 enforcement personnel or any other person; or

16 (vii) obstruct an ongoing criminal investigation

17 by the agency that is the recipient of the request.

18 (d-5) A law enforcement record created for law

19 enforcement purposes and contained in a shared electronic

20 record management system if the law enforcement agency

21 that is the recipient of the request did not create the

22 record, did not participate in or have a role in any of the

23 events which are the subject of the record, and only has

24 access to the record through the shared electronic record

25 management system.

26 (d-6) (Blank). ~~Records contained in the Officer~~

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1 ~~Professional Conduct Database under Section 9.2 of the~~

2 ~~Illinois Police Training Act, except to the extent~~

3 ~~authorized under that Section. This includes the documents~~

4 ~~supplied to the Illinois Law Enforcement Training~~

5 ~~Standards Board from the Illinois State Police and~~

6 ~~Illinois State Police Merit Board.~~

7 (d-7) Information gathered or records created from the

8 use of automatic license plate readers in connection with

9 Section 2-130 of the Illinois Vehicle Code.

10 (e) Records that relate to or affect the security of

11 correctional institutions and detention facilities.

12 (e-5) Records requested by persons committed to the

13 Department of Corrections, Department of Human Services

14 Division of Mental Health, or a county jail if those

15 materials are available in the library of the correctional

16 institution or facility or jail where the inmate is

17 confined.

18 (e-6) Records requested by persons committed to the

19 Department of Corrections, Department of Human Services

20 Division of Mental Health, or a county jail if those

21 materials include records from staff members' personnel

22 files, staff rosters, or other staffing assignment

23 information.

24 (e-7) Records requested by persons committed to the

25 Department of Corrections or Department of Human Services

26 Division of Mental Health if those materials are available

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1 through an administrative request to the Department of

2 Corrections or Department of Human Services Division of

3 Mental Health.

4 (e-8) Records requested by a person committed to the

5 Department of Corrections, Department of Human Services

6 Division of Mental Health, or a county jail, the

7 disclosure of which would result in the risk of harm to any

8 person or the risk of an escape from a jail or correctional

9 institution or facility.

10 (e-9) Records requested by a person in a county jail

11 or committed to the Department of Corrections or

12 Department of Human Services Division of Mental Health,

13 containing personal information pertaining to the person's

14 victim or the victim's family, including, but not limited

15 to, a victim's home address, home telephone number, work

16 or school address, work telephone number, social security

17 number, or any other identifying information, except as

18 may be relevant to a requester's current or potential case

19 or claim.

20 (e-10) Law enforcement records of other persons

21 requested by a person committed to the Department of

22 Corrections, Department of Human Services Division of

23 Mental Health, or a county jail, including, but not

24 limited to, arrest and booking records, mug shots, and

25 crime scene photographs, except as these records may be

26 relevant to the requester's current or potential case or

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1 claim.

2 (f) Preliminary drafts, notes, recommendations,

3 memoranda, and other records in which opinions are

4 expressed, or policies or actions are formulated, except

5 that a specific record or relevant portion of a record

6 shall not be exempt when the record is publicly cited and

7 identified by the head of the public body. The exemption

8 provided in this paragraph (f) extends to all those

9 records of officers and agencies of the General Assembly

10 that pertain to the preparation of legislative documents.

11 (g) Trade secrets and commercial or financial

12 information obtained from a person or business where the

13 trade secrets or commercial or financial information are

14 furnished under a claim that they are proprietary,

15 privileged, or confidential, and that disclosure of the

16 trade secrets or commercial or financial information would

17 cause competitive harm to the person or business, and only

18 insofar as the claim directly applies to the records

19 requested.

20 The information included under this exemption includes

21 all trade secrets and commercial or financial information

22 obtained by a public body, including a public pension

23 fund, from a private equity fund or a privately held

24 company within the investment portfolio of a private

25 equity fund as a result of either investing or evaluating

26 a potential investment of public funds in a private equity

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1 fund. The exemption contained in this item does not apply

2 to the aggregate financial performance information of a

3 private equity fund, nor to the identity of the fund's

4 managers or general partners. The exemption contained in

5 this item does not apply to the identity of a privately

6 held company within the investment portfolio of a private

7 equity fund, unless the disclosure of the identity of a

8 privately held company may cause competitive harm.

9 Nothing contained in this paragraph (g) shall be

10 construed to prevent a person or business from consenting

11 to disclosure.

12 (h) Proposals and bids for any contract, grant, or

13 agreement, including information which if it were

14 disclosed would frustrate procurement or give an advantage

15 to any person proposing to enter into a contractor

16 agreement with the body, until an award or final selection

17 is made. Information prepared by or for the body in

18 preparation of a bid solicitation shall be exempt until an

19 award or final selection is made.

20 (i) Valuable formulae, computer geographic systems,

21 designs, drawings, and research data obtained or produced

22 by any public body when disclosure could reasonably be

23 expected to produce private gain or public loss. The

24 exemption for "computer geographic systems" provided in

25 this paragraph (i) does not extend to requests made by

26 news media as defined in Section 2 of this Act when the

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1 requested information is not otherwise exempt and the only

2 purpose of the request is to access and disseminate

3 information regarding the health, safety, welfare, or

4 legal rights of the general public.

5 (j) The following information pertaining to

6 educational matters:

7 (i) test questions, scoring keys, and other

8 examination data used to administer an academic

9 examination;

10 (ii) information received by a primary or

11 secondary school, college, or university under its

12 procedures for the evaluation of faculty members by

13 their academic peers;

14 (iii) information concerning a school or

15 university's adjudication of student disciplinary

16 cases, but only to the extent that disclosure would

17 unavoidably reveal the identity of the student; and

18 (iv) course materials or research materials used

19 by faculty members.

20 (k) Architects' plans, engineers' technical

21 submissions, and other construction related technical

22 documents for projects not constructed or developed in

23 whole or in part with public funds and the same for

24 projects constructed or developed with public funds,

25 including, but not limited to, power generating and

26 distribution stations and other transmission and

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1 distribution facilities, water treatment facilities,

2 airport facilities, sport stadiums, convention centers,

3 and all government owned, operated, or occupied buildings,

4 but only to the extent that disclosure would compromise

5 security.

6 (l) Minutes of meetings of public bodies closed to the

7 public as provided in the Open Meetings Act until the

8 public body makes the minutes available to the public

9 under Section 2.06 of the Open Meetings Act.

10 (m) Communications between a public body and an

11 attorney or auditor representing the public body that

12 would not be subject to discovery in litigation, and

13 materials prepared or compiled by or for a public body in

14 anticipation of a criminal, civil, or administrative

15 proceeding upon the request of an attorney advising the

16 public body, and materials prepared or compiled with

17 respect to internal audits of public bodies.

18 (n) Records relating to a public body's adjudication

19 of employee grievances or disciplinary cases; however,

20 this exemption shall not extend to the final outcome of

21 cases in which discipline is imposed.

22 (o) Administrative or technical information associated

23 with automated data processing operations, including, but

24 not limited to, software, operating protocols, computer

25 program abstracts, file layouts, source listings, object

26 modules, load modules, user guides, documentation

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1 pertaining to all logical and physical design of

2 computerized systems, employee manuals, and any other

3 information that, if disclosed, would jeopardize the

4 security of the system or its data or the security of

5 materials exempt under this Section.

6 (p) Records relating to collective negotiating matters

7 between public bodies and their employees or

8 representatives, except that any final contract or

9 agreement shall be subject to inspection and copying.

10 (q) Test questions, scoring keys, and other

11 examination data used to determine the qualifications of

12 an applicant for a license or employment.

13 (r) The records, documents, and information relating

14 to real estate purchase negotiations until those

15 negotiations have been completed or otherwise terminated.

16 With regard to a parcel involved in a pending or actually

17 and reasonably contemplated eminent domain proceeding

18 under the Eminent Domain Act, records, documents, and

19 information relating to that parcel shall be exempt except

20 as may be allowed under discovery rules adopted by the

21 Illinois Supreme Court. The records, documents, and

22 information relating to a real estate sale shall be exempt

23 until a sale is consummated.

24 (s) Any and all proprietary information and records

25 related to the operation of an intergovernmental risk

26 management association or self-insurance pool or jointly

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LRB103 35722 RLC 65802 b

1 self-administered health and accident cooperative or pool.

2 Insurance or self-insurance (including any

3 intergovernmental risk management association or

4 self-insurance pool) claims, loss or risk management

5 information, records, data, advice, or communications.

6 (t) Information contained in or related to

7 examination, operating, or condition reports prepared by,

8 on behalf of, or for the use of a public body responsible

9 for the regulation or supervision of financial

10 institutions, insurance companies, or pharmacy benefit

11 managers, unless disclosure is otherwise required by State

12 law.

13 (u) Information that would disclose or might lead to

14 the disclosure of secret or confidential information,

15 codes, algorithms, programs, or private keys intended to

16 be used to create electronic signatures under the Uniform

17 Electronic Transactions Act.

18 (v) Vulnerability assessments, security measures, and

19 response policies or plans that are designed to identify,

20 prevent, or respond to potential attacks upon a

21 community's population or systems, facilities, or

22 installations, but only to the extent that disclosure

23 could reasonably be expected to expose the vulnerability

24 or jeopardize the effectiveness of the measures, policies,

25 or plans, or the safety of the personnel who implement

26 them or the public. Information exempt under this item may

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1 include such things as details pertaining to the

2 mobilization or deployment of personnel or equipment, to

3 the operation of communication systems or protocols, to

4 cybersecurity vulnerabilities, or to tactical operations.

5 (w) (Blank).

6 (x) Maps and other records regarding the location or

7 security of generation, transmission, distribution,

8 storage, gathering, treatment, or switching facilities

9 owned by a utility, by a power generator, or by the

10 Illinois Power Agency.

11 (y) Information contained in or related to proposals,

12 bids, or negotiations related to electric power

13 procurement under Section 1-75 of the Illinois Power

14 Agency Act and Section 16-111.5 of the Public Utilities

15 Act that is determined to be confidential and proprietary

16 by the Illinois Power Agency or by the Illinois Commerce

17 Commission.

18 (z) Information about students exempted from

19 disclosure under Section 10-20.38 or 34-18.29 of the

20 School Code, and information about undergraduate students

21 enrolled at an institution of higher education exempted

22 from disclosure under Section 25 of the Illinois Credit

23 Card Marketing Act of 2009.

24 (aa) Information the disclosure of which is exempted

25 under the Viatical Settlements Act of 2009.

26 (bb) Records and information provided to a mortality

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1 review team and records maintained by a mortality review

2 team appointed under the Department of Juvenile Justice

3 Mortality Review Team Act.

4 (cc) Information regarding interments, entombments, or

5 inurnments of human remains that are submitted to the

6 Cemetery Oversight Database under the Cemetery Care Act or

7 the Cemetery Oversight Act, whichever is applicable.

8 (dd) Correspondence and records (i) that may not be

9 disclosed under Section 11-9 of the Illinois Public Aid

10 Code or (ii) that pertain to appeals under Section 11-8 of

11 the Illinois Public Aid Code.

12 (ee) The names, addresses, or other personal

13 information of persons who are minors and are also

14 participants and registrants in programs of park

15 districts, forest preserve districts, conservation

16 districts, recreation agencies, and special recreation

17 associations.

18 (ff) The names, addresses, or other personal

19 information of participants and registrants in programs of

20 park districts, forest preserve districts, conservation

21 districts, recreation agencies, and special recreation

22 associations where such programs are targeted primarily to

23 minors.

24 (gg) Confidential information described in Section

25 1-100 of the Illinois Independent Tax Tribunal Act of

26 2012.

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1 (hh) The report submitted to the State Board of

2 Education by the School Security and Standards Task Force

3 under item (8) of subsection (d) of Section 2-3.160 of the

4 School Code and any information contained in that report.

5 (ii) Records requested by persons committed to or

6 detained by the Department of Human Services under the

7 Sexually Violent Persons Commitment Act or committed to

8 the Department of Corrections under the Sexually Dangerous

9 Persons Act if those materials: (i) are available in the

10 library of the facility where the individual is confined;

11 (ii) include records from staff members' personnel files,

12 staff rosters, or other staffing assignment information;

13 or (iii) are available through an administrative request

14 to the Department of Human Services or the Department of

15 Corrections.

16 (jj) Confidential information described in Section

17 5-535 of the Civil Administrative Code of Illinois.

18 (kk) The public body's credit card numbers, debit card

19 numbers, bank account numbers, Federal Employer

20 Identification Number, security code numbers, passwords,

21 and similar account information, the disclosure of which

22 could result in identity theft or impression or defrauding

23 of a governmental entity or a person.

24 (ll) Records concerning the work of the threat

25 assessment team of a school district, including, but not

26 limited to, any threat assessment procedure under the

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1 School Safety Drill Act and any information contained in

2 the procedure.

3 (mm) Information prohibited from being disclosed under

4 subsections (a) and (b) of Section 15 of the Student

5 Confidential Reporting Act.

6 (nn) Proprietary information submitted to the

7 Environmental Protection Agency under the Drug Take-Back

8 Act.

9 (oo) Records described in subsection (f) of Section

10 3-5-1 of the Unified Code of Corrections.

11 (pp) Any and all information regarding burials,

12 interments, or entombments of human remains as required to

13 be reported to the Department of Natural Resources

14 pursuant either to the Archaeological and Paleontological

15 Resources Protection Act or the Human Remains Protection

16 Act.

17 (qq) ~~(pp)~~ Reports described in subsection (e) of

18 Section 16-15 of the Abortion Care Clinical Training

19 Program Act.

20 (rr) ~~(pp)~~ Information obtained by a certified local

21 health department under the Access to Public Health Data

22 Act.

23 (ss) ~~(pp)~~ For a request directed to a public body that

24 is also a HIPAA-covered entity, all information that is

25 protected health information, including demographic

26 information, that may be contained within or extracted

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1 from any record held by the public body in compliance with

2 State and federal medical privacy laws and regulations,

3 including, but not limited to, the Health Insurance

4 Portability and Accountability Act and its regulations, 45

5 CFR Parts 160 and 164. As used in this paragraph,

6 "HIPAA-covered entity" has the meaning given to the term

7 "covered entity" in 45 CFR 160.103 and "protected health

8 information" has the meaning given to that term in 45 CFR

9 160.103.

10 (1.5) Any information exempt from disclosure under the

11 Judicial Privacy Act shall be redacted from public records

12 prior to disclosure under this Act.

13 (2) A public record that is not in the possession of a

14 public body but is in the possession of a party with whom the

15 agency has contracted to perform a governmental function on

16 behalf of the public body, and that directly relates to the

17 governmental function and is not otherwise exempt under this

18 Act, shall be considered a public record of the public body,

19 for purposes of this Act.

20 (3) This Section does not authorize withholding of

21 information or limit the availability of records to the

22 public, except as stated in this Section or otherwise provided

23 in this Act.

24 (Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;

25 102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.

26 1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,

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1 eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;

2 103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.

3 8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; revised

4 9-7-23.)

5 (5 ILCS 140/7.5)

6 (Text of Section before amendment by P.A. 103-472)

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

8 by the statutes referenced below, the following shall be

9 exempt from inspection and copying:

10 (a) All information determined to be confidential

11 under Section 4002 of the Technology Advancement and

12 Development Act.

13 (b) Library circulation and order records identifying

14 library users with specific materials under the Library

15 Records Confidentiality Act.

16 (c) Applications, related documents, and medical

17 records received by the Experimental Organ Transplantation

18 Procedures Board and any and all documents or other

19 records prepared by the Experimental Organ Transplantation

20 Procedures Board or its staff relating to applications it

21 has received.

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

23 Public Health and its authorized representatives relating

24 to known or suspected cases of sexually transmissible

25 disease or any information the disclosure of which is

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1 restricted under the Illinois Sexually Transmissible

2 Disease Control Act.

3 (e) Information the disclosure of which is exempted

4 under Section 30 of the Radon Industry Licensing Act.

5 (f) Firm performance evaluations under Section 55 of

6 the Architectural, Engineering, and Land Surveying

7 Qualifications Based Selection Act.

8 (g) Information the disclosure of which is restricted

9 and exempted under Section 50 of the Illinois Prepaid

10 Tuition Act.

11 (h) Information the disclosure of which is exempted

12 under the State Officials and Employees Ethics Act, and

13 records of any lawfully created State or local inspector

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

15 obtained by an Executive Inspector General's office under

16 that Act.

17 (i) Information contained in a local emergency energy

18 plan submitted to a municipality in accordance with a

19 local emergency energy plan ordinance that is adopted

20 under Section 11-21.5-5 of the Illinois Municipal Code.

21 (j) Information and data concerning the distribution

22 of surcharge moneys collected and remitted by carriers

23 under the Emergency Telephone System Act.

24 (k) Law enforcement officer identification information

25 or driver identification information compiled by a law

26 enforcement agency or the Department of Transportation

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

2 (l) Records and information provided to a residential

3 health care facility resident sexual assault and death

4 review team or the Executive Council under the Abuse

5 Prevention Review Team Act.

6 (m) Information provided to the predatory lending

7 database created pursuant to Article 3 of the Residential

8 Real Property Disclosure Act, except to the extent

9 authorized under that Article.

10 (n) Defense budgets and petitions for certification of

11 compensation and expenses for court appointed trial

12 counsel as provided under Sections 10 and 15 of the

13 Capital Crimes Litigation Act or the Capital Crimes

14 Litigation Act of 2024. This subsection (n) shall apply

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

16 prosecution chooses not to pursue the death penalty prior

17 to trial or sentencing.

18 (o) Information that is prohibited from being

19 disclosed under Section 4 of the Illinois Health and

20 Hazardous Substances Registry Act.

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

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

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

24 Department of Transportation under Sections 2705-300 and

25 2705-616 of the Department of Transportation Law of the

26 Civil Administrative Code of Illinois, the Regional

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1 Transportation Authority under Section 2.11 of the

2 Regional Transportation Authority Act, or the St. Clair

3 County Transit District under the Bi-State Transit Safety

4 Act (repealed).

5 (q) Information prohibited from being disclosed by the

6 Personnel Record Review Act.

7 (r) Information prohibited from being disclosed by the

8 Illinois School Student Records Act.

9 (s) Information the disclosure of which is restricted

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

11 (t) (Blank).

12 (u) Records and information provided to an independent

13 team of experts under the Developmental Disability and

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

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

16 for or received Firearm Owner's Identification Cards under

17 the Firearm Owners Identification Card Act or applied for

18 or received a concealed carry license under the Firearm

19 Concealed Carry Act, unless otherwise authorized by the

20 Firearm Concealed Carry Act; and databases under the

21 Firearm Concealed Carry Act, records of the Concealed

22 Carry Licensing Review Board under the Firearm Concealed

23 Carry Act, and law enforcement agency objections under the

24 Firearm Concealed Carry Act.

25 (v-5) Records of the Firearm Owner's Identification

26 Card Review Board that are exempted from disclosure under

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1 Section 10 of the Firearm Owners Identification Card Act.

2 (w) Personally identifiable information which is

3 exempted from disclosure under subsection (g) of Section

4 19.1 of the Toll Highway Act.

5 (x) Information which is exempted from disclosure

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

7 8-11-21 of the Illinois Municipal Code.

8 (y) Confidential information under the Adult

9 Protective Services Act and its predecessor enabling

10 statute, the Elder Abuse and Neglect Act, including

11 information about the identity and administrative finding

12 against any caregiver of a verified and substantiated

13 decision of abuse, neglect, or financial exploitation of

14 an eligible adult maintained in the Registry established

15 under Section 7.5 of the Adult Protective Services Act.

16 (z) Records and information provided to a fatality

17 review team or the Illinois Fatality Review Team Advisory

18 Council under Section 15 of the Adult Protective Services

19 Act.

20 (aa) Information which is exempted from disclosure

21 under Section 2.37 of the Wildlife Code.

22 (bb) Information which is or was prohibited from

23 disclosure by the Juvenile Court Act of 1987.

24 (cc) Recordings made under the Law Enforcement

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

26 authorized under that Act.

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1 (dd) Information that is prohibited from being

2 disclosed under Section 45 of the Condominium and Common

3 Interest Community Ombudsperson Act.

4 (ee) Information that is exempted from disclosure

5 under Section 30.1 of the Pharmacy Practice Act.

6 (ff) Information that is exempted from disclosure

7 under the Revised Uniform Unclaimed Property Act.

8 (gg) Information that is prohibited from being

9 disclosed under Section 7-603.5 of the Illinois Vehicle

10 Code.

11 (hh) Records that are exempt from disclosure under

12 Section 1A-16.7 of the Election Code.

13 (ii) Information which is exempted from disclosure

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

15 the Civil Administrative Code of Illinois.

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

17 submitted to the Department of Labor by registering day

18 and temporary labor service agencies but are exempt from

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

20 and Temporary Labor Services Act.

21 (kk) Information prohibited from disclosure under the

22 Seizure and Forfeiture Reporting Act.

23 (ll) Information the disclosure of which is restricted

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

25 Aid Code.

26 (mm) Records that are exempt from disclosure under

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1 Section 4.2 of the Crime Victims Compensation Act.

2 (nn) Information that is exempt from disclosure under

3 Section 70 of the Higher Education Student Assistance Act.

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

5 arising out of a peer support counseling session

6 prohibited from disclosure under the First Responders

7 Suicide Prevention Act.

8 (pp) Names and all identifying information relating to

9 an employee of an emergency services provider or law

10 enforcement agency under the First Responders Suicide

11 Prevention Act.

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

13 Public Health and its authorized representatives collected

14 under the Reproductive Health Act.

15 (rr) Information that is exempt from disclosure under

16 the Cannabis Regulation and Tax Act.

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

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

19 Human Rights Act.

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

21 Center Act, except to the extent authorized under that

22 Act.

23 (uu) Information that is exempt from disclosure under

24 Section 50 of the Sexual Assault Evidence Submission Act.

25 (vv) Information that is exempt from disclosure under

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

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1 Public Aid Code.

2 (ww) Information that is exempt from disclosure under

3 Section 16.8 of the State Treasurer Act.

4 (xx) Information that is exempt from disclosure or

5 information that shall not be made public under the

6 Illinois Insurance Code.

7 (yy) Information prohibited from being disclosed under

8 the Illinois Educational Labor Relations Act.

9 (zz) Information prohibited from being disclosed under

10 the Illinois Public Labor Relations Act.

11 (aaa) Information prohibited from being disclosed

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

13 (bbb) (Blank). ~~Information that is prohibited from~~

14 ~~disclosure by the Illinois Police Training Act and the~~

15 ~~Illinois State Police Act.~~

16 (ccc) Records exempt from disclosure under Section

17 2605-304 of the Illinois State Police Law of the Civil

18 Administrative Code of Illinois.

19 (ddd) Information prohibited from being disclosed

20 under Section 35 of the Address Confidentiality for

21 Victims of Domestic Violence, Sexual Assault, Human

22 Trafficking, or Stalking Act.

23 (eee) Information prohibited from being disclosed

24 under subsection (b) of Section 75 of the Domestic

25 Violence Fatality Review Act.

26 (fff) Images from cameras under the Expressway Camera

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1 Act. This subsection (fff) is inoperative on and after

2 July 1, 2025.

3 (ggg) Information prohibited from disclosure under

4 paragraph (3) of subsection (a) of Section 14 of the Nurse

5 Agency Licensing Act.

6 (hhh) Information submitted to the Illinois State

7 Police in an affidavit or application for an assault

8 weapon endorsement, assault weapon attachment endorsement,

9 .50 caliber rifle endorsement, or .50 caliber cartridge

10 endorsement under the Firearm Owners Identification Card

11 Act.

12 (iii) Data exempt from disclosure under Section 50 of

13 the School Safety Drill Act.

14 (jjj) ~~(hhh)~~ Information exempt from disclosure under

15 Section 30 of the Insurance Data Security Law.

16 (kkk) ~~(iii)~~ Confidential business information

17 prohibited from disclosure under Section 45 of the Paint

18 Stewardship Act.

19 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;

20 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.

21 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;

22 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.

23 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,

24 eff. 1-1-24; 103-508, eff. 8-4-23; revised 9-5-23.)

25 (Text of Section after amendment by P.A. 103-472)

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

2 by the statutes referenced below, the following shall be

3 exempt from inspection and copying:

4 (a) All information determined to be confidential

5 under Section 4002 of the Technology Advancement and

6 Development Act.

7 (b) Library circulation and order records identifying

8 library users with specific materials under the Library

9 Records Confidentiality Act.

10 (c) Applications, related documents, and medical

11 records received by the Experimental Organ Transplantation

12 Procedures Board and any and all documents or other

13 records prepared by the Experimental Organ Transplantation

14 Procedures Board or its staff relating to applications it

15 has received.

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

17 Public Health and its authorized representatives relating

18 to known or suspected cases of sexually transmissible

19 disease or any information the disclosure of which is

20 restricted under the Illinois Sexually Transmissible

21 Disease Control Act.

22 (e) Information the disclosure of which is exempted

23 under Section 30 of the Radon Industry Licensing Act.

24 (f) Firm performance evaluations under Section 55 of

25 the Architectural, Engineering, and Land Surveying

26 Qualifications Based Selection Act.

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LRB103 35722 RLC 65802 b

1 (g) Information the disclosure of which is restricted

2 and exempted under Section 50 of the Illinois Prepaid

3 Tuition Act.

4 (h) Information the disclosure of which is exempted

5 under the State Officials and Employees Ethics Act, and

6 records of any lawfully created State or local inspector

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

8 obtained by an Executive Inspector General's office under

9 that Act.

10 (i) Information contained in a local emergency energy

11 plan submitted to a municipality in accordance with a

12 local emergency energy plan ordinance that is adopted

13 under Section 11-21.5-5 of the Illinois Municipal Code.

14 (j) Information and data concerning the distribution

15 of surcharge moneys collected and remitted by carriers

16 under the Emergency Telephone System Act.

17 (k) Law enforcement officer identification information

18 or driver identification information compiled by a law

19 enforcement agency or the Department of Transportation

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

21 (l) Records and information provided to a residential

22 health care facility resident sexual assault and death

23 review team or the Executive Council under the Abuse

24 Prevention Review Team Act.

25 (m) Information provided to the predatory lending

26 database created pursuant to Article 3 of the Residential

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LRB103 35722 RLC 65802 b

1 Real Property Disclosure Act, except to the extent

2 authorized under that Article.

3 (n) Defense budgets and petitions for certification of

4 compensation and expenses for court appointed trial

5 counsel as provided under Sections 10 and 15 of the

6 Capital Crimes Litigation Act or the Capital Crimes

7 Litigation Act of 2024. This subsection (n) shall apply

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

9 prosecution chooses not to pursue the death penalty prior

10 to trial or sentencing.

11 (o) Information that is prohibited from being

12 disclosed under Section 4 of the Illinois Health and

13 Hazardous Substances Registry Act.

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

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

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

17 Department of Transportation under Sections 2705-300 and

18 2705-616 of the Department of Transportation Law of the

19 Civil Administrative Code of Illinois, the Regional

20 Transportation Authority under Section 2.11 of the

21 Regional Transportation Authority Act, or the St. Clair

22 County Transit District under the Bi-State Transit Safety

23 Act (repealed).

24 (q) Information prohibited from being disclosed by the

25 Personnel Record Review Act.

26 (r) Information prohibited from being disclosed by the

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LRB103 35722 RLC 65802 b

1 Illinois School Student Records Act.

2 (s) Information the disclosure of which is restricted

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

4 (t) (Blank).

5 (u) Records and information provided to an independent

6 team of experts under the Developmental Disability and

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

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

9 for or received Firearm Owner's Identification Cards under

10 the Firearm Owners Identification Card Act or applied for

11 or received a concealed carry license under the Firearm

12 Concealed Carry Act, unless otherwise authorized by the

13 Firearm Concealed Carry Act; and databases under the

14 Firearm Concealed Carry Act, records of the Concealed

15 Carry Licensing Review Board under the Firearm Concealed

16 Carry Act, and law enforcement agency objections under the

17 Firearm Concealed Carry Act.

18 (v-5) Records of the Firearm Owner's Identification

19 Card Review Board that are exempted from disclosure under

20 Section 10 of the Firearm Owners Identification Card Act.

21 (w) Personally identifiable information which is

22 exempted from disclosure under subsection (g) of Section

23 19.1 of the Toll Highway Act.

24 (x) Information which is exempted from disclosure

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

26 8-11-21 of the Illinois Municipal Code.

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LRB103 35722 RLC 65802 b

1 (y) Confidential information under the Adult

2 Protective Services Act and its predecessor enabling

3 statute, the Elder Abuse and Neglect Act, including

4 information about the identity and administrative finding

5 against any caregiver of a verified and substantiated

6 decision of abuse, neglect, or financial exploitation of

7 an eligible adult maintained in the Registry established

8 under Section 7.5 of the Adult Protective Services Act.

9 (z) Records and information provided to a fatality

10 review team or the Illinois Fatality Review Team Advisory

11 Council under Section 15 of the Adult Protective Services

12 Act.

13 (aa) Information which is exempted from disclosure

14 under Section 2.37 of the Wildlife Code.

15 (bb) Information which is or was prohibited from

16 disclosure by the Juvenile Court Act of 1987.

17 (cc) Recordings made under the Law Enforcement

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

19 authorized under that Act.

20 (dd) Information that is prohibited from being

21 disclosed under Section 45 of the Condominium and Common

22 Interest Community Ombudsperson Act.

23 (ee) Information that is exempted from disclosure

24 under Section 30.1 of the Pharmacy Practice Act.

25 (ff) Information that is exempted from disclosure

26 under the Revised Uniform Unclaimed Property Act.

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LRB103 35722 RLC 65802 b

1 (gg) Information that is prohibited from being

2 disclosed under Section 7-603.5 of the Illinois Vehicle

3 Code.

4 (hh) Records that are exempt from disclosure under

5 Section 1A-16.7 of the Election Code.

6 (ii) Information which is exempted from disclosure

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

8 the Civil Administrative Code of Illinois.

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

10 submitted to the Department of Labor by registering day

11 and temporary labor service agencies but are exempt from

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

13 and Temporary Labor Services Act.

14 (kk) Information prohibited from disclosure under the

15 Seizure and Forfeiture Reporting Act.

16 (ll) Information the disclosure of which is restricted

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

18 Aid Code.

19 (mm) Records that are exempt from disclosure under

20 Section 4.2 of the Crime Victims Compensation Act.

21 (nn) Information that is exempt from disclosure under

22 Section 70 of the Higher Education Student Assistance Act.

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

24 arising out of a peer support counseling session

25 prohibited from disclosure under the First Responders

26 Suicide Prevention Act.

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LRB103 35722 RLC 65802 b

1 (pp) Names and all identifying information relating to

2 an employee of an emergency services provider or law

3 enforcement agency under the First Responders Suicide

4 Prevention Act.

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

6 Public Health and its authorized representatives collected

7 under the Reproductive Health Act.

8 (rr) Information that is exempt from disclosure under

9 the Cannabis Regulation and Tax Act.

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

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

12 Human Rights Act.

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

14 Center Act, except to the extent authorized under that

15 Act.

16 (uu) Information that is exempt from disclosure under

17 Section 50 of the Sexual Assault Evidence Submission Act.

18 (vv) Information that is exempt from disclosure under

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

20 Public Aid Code.

21 (ww) Information that is exempt from disclosure under

22 Section 16.8 of the State Treasurer Act.

23 (xx) Information that is exempt from disclosure or

24 information that shall not be made public under the

25 Illinois Insurance Code.

26 (yy) Information prohibited from being disclosed under

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LRB103 35722 RLC 65802 b

1 the Illinois Educational Labor Relations Act.

2 (zz) Information prohibited from being disclosed under

3 the Illinois Public Labor Relations Act.

4 (aaa) Information prohibited from being disclosed

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

6 (bbb) (Blank). ~~Information that is prohibited from~~

7 ~~disclosure by the Illinois Police Training Act and the~~

8 ~~Illinois State Police Act.~~

9 (ccc) Records exempt from disclosure under Section

10 2605-304 of the Illinois State Police Law of the Civil

11 Administrative Code of Illinois.

12 (ddd) Information prohibited from being disclosed

13 under Section 35 of the Address Confidentiality for

14 Victims of Domestic Violence, Sexual Assault, Human

15 Trafficking, or Stalking Act.

16 (eee) Information prohibited from being disclosed

17 under subsection (b) of Section 75 of the Domestic

18 Violence Fatality Review Act.

19 (fff) Images from cameras under the Expressway Camera

20 Act. This subsection (fff) is inoperative on and after

21 July 1, 2025.

22 (ggg) Information prohibited from disclosure under

23 paragraph (3) of subsection (a) of Section 14 of the Nurse

24 Agency Licensing Act.

25 (hhh) Information submitted to the Illinois State

26 Police in an affidavit or application for an assault

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LRB103 35722 RLC 65802 b

1 weapon endorsement, assault weapon attachment endorsement,

2 .50 caliber rifle endorsement, or .50 caliber cartridge

3 endorsement under the Firearm Owners Identification Card

4 Act.

5 (iii) Data exempt from disclosure under Section 50 of

6 the School Safety Drill Act.

7 (jjj) ~~(hhh)~~ Information exempt from disclosure under

8 Section 30 of the Insurance Data Security Law.

9 (kkk) ~~(iii)~~ Confidential business information

10 prohibited from disclosure under Section 45 of the Paint

11 Stewardship Act.

12 (lll) ~~(iii)~~ Data exempt from disclosure under Section

13 2-3.196 of the School Code.

14 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;

15 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.

16 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;

17 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.

18 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,

19 eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;

20 revised 9-5-23.)

21 Section 375. The State Employee Indemnification Act is

22 amended by changing Section 1 as follows:

23 (5 ILCS 350/1) (from Ch. 127, par. 1301)

24 Sec. 1. Definitions. For the purpose of this Act:

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LRB103 35722 RLC 65802 b

1 (a) The term "State" means the State of Illinois, the

2 General Assembly, the court, or any State office, department,

3 division, bureau, board, commission, or committee, the

4 governing boards of the public institutions of higher

5 education created by the State, the Illinois National Guard,

6 the Illinois State Guard, the Comprehensive Health Insurance

7 Board, any poison control center designated under the Poison

8 Control System Act that receives State funding, or any other

9 agency or instrumentality of the State. It does not mean any

10 local public entity as that term is defined in Section 1-206 of

11 the Local Governmental and Governmental Employees Tort

12 Immunity Act or a pension fund.

13 (b) The term "employee" means: any present or former

14 elected or appointed officer, trustee or employee of the

15 State, or of a pension fund; any present or former

16 commissioner or employee of the Executive Ethics Commission or

17 of the Legislative Ethics Commission; any present or former

18 Executive, Legislative, or Auditor General's Inspector

19 General; any present or former employee of an Office of an

20 Executive, Legislative, or Auditor General's Inspector

21 General; any present or former member of the Illinois National

22 Guard while on active duty; any present or former member of the

23 Illinois State Guard while on State active duty; individuals

24 or organizations who contract with the Department of

25 Corrections, the Department of Juvenile Justice, the

26 Comprehensive Health Insurance Board, or the Department of

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1 Veterans' Affairs to provide services; individuals or

2 organizations who contract with the Department of Human

3 Services (as successor to the Department of Mental Health and

4 Developmental Disabilities) to provide services including but

5 not limited to treatment and other services for sexually

6 violent persons; individuals or organizations who contract

7 with the Department of Military Affairs for youth programs;

8 individuals or organizations who contract to perform carnival

9 and amusement ride safety inspections for the Department of

10 Labor; individuals who contract with the Office of the State's

11 Attorneys Appellate Prosecutor to provide legal services, but

12 only when performing duties within the scope of the Office's

13 prosecutorial activities; individual representatives of or

14 designated organizations authorized to represent the Office of

15 State Long-Term Ombudsman for the Department on Aging;

16 individual representatives of or organizations designated by

17 the Department on Aging in the performance of their duties as

18 adult protective services agencies or regional administrative

19 agencies under the Adult Protective Services Act; individuals

20 or organizations appointed as members of a review team or the

21 Advisory Council under the Adult Protective Services Act;

22 individuals or organizations who perform volunteer services

23 for the State where such volunteer relationship is reduced to

24 writing; individuals who serve on any public entity (whether

25 created by law or administrative action) described in

26 paragraph (a) of this Section; individuals or not for profit

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1 organizations who, either as volunteers, where such volunteer

2 relationship is reduced to writing, or pursuant to contract,

3 furnish professional advice or consultation to any agency or

4 instrumentality of the State; individuals who serve as foster

5 parents for the Department of Children and Family Services

6 when caring for youth in care as defined in Section 4d of the

7 Children and Family Services Act; individuals who serve as

8 members of an independent team of experts under the

9 Developmental Disability and Mental Health Safety Act (also

10 known as Brian's Law); and individuals who serve as

11 arbitrators pursuant to Part 10A of Article II of the Code of

12 Civil Procedure and the rules of the Supreme Court

13 implementing Part 10A, each as now or hereafter amended; ~~the~~

14 ~~members of the Certification Review Panel under the Illinois~~

15 ~~Police Training Act;~~ the term "employee" does not mean an

16 independent contractor except as provided in this Section. The

17 term includes an individual appointed as an inspector by the

18 Director of the Illinois State Police when performing duties

19 within the scope of the activities of a Metropolitan

20 Enforcement Group or a law enforcement organization

21 established under the Intergovernmental Cooperation Act. An

22 individual who renders professional advice and consultation to

23 the State through an organization which qualifies as an

24 "employee" under the Act is also an employee. The term

25 includes the estate or personal representative of an employee.

26 (c) The term "pension fund" means a retirement system or

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1 pension fund created under the Illinois Pension Code.

2 (Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 1-1-22;

3 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

4 Section 380. The Personnel Code is amended by changing

5 Section 4c as follows:

6 (20 ILCS 415/4c) (from Ch. 127, par. 63b104c)

7 Sec. 4c. General exemptions. The following positions in

8 State service shall be exempt from jurisdictions A, B, and C,

9 unless the jurisdictions shall be extended as provided in this

10 Act:

11 (1) All officers elected by the people.

12 (2) All positions under the Lieutenant Governor,

13 Secretary of State, State Treasurer, State Comptroller,

14 State Board of Education, Clerk of the Supreme Court,

15 Attorney General, and State Board of Elections.

16 (3) Judges, and officers and employees of the courts,

17 and notaries public.

18 (4) All officers and employees of the Illinois General

19 Assembly, all employees of legislative commissions, all

20 officers and employees of the Illinois Legislative

21 Reference Bureau and the Legislative Printing Unit.

22 (5) All positions in the Illinois National Guard and

23 Illinois State Guard, paid from federal funds or positions

24 in the State Military Service filled by enlistment and

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1 paid from State funds.

2 (6) All employees of the Governor at the executive

3 mansion and on his immediate personal staff.

4 (7) Directors of Departments, the Adjutant General,

5 the Assistant Adjutant General, the Director of the

6 Illinois Emergency Management Agency, members of boards

7 and commissions, and all other positions appointed by the

8 Governor by and with the consent of the Senate.

9 (8) The presidents, other principal administrative

10 officers, and teaching, research and extension faculties

11 of Chicago State University, Eastern Illinois University,

12 Governors State University, Illinois State University,

13 Northeastern Illinois University, Northern Illinois

14 University, Western Illinois University, the Illinois

15 Community College Board, Southern Illinois University,

16 Illinois Board of Higher Education, University of

17 Illinois, State Universities Civil Service System,

18 University Retirement System of Illinois, and the

19 administrative officers and scientific and technical staff

20 of the Illinois State Museum.

21 (9) All other employees except the presidents, other

22 principal administrative officers, and teaching, research

23 and extension faculties of the universities under the

24 jurisdiction of the Board of Regents and the colleges and

25 universities under the jurisdiction of the Board of

26 Governors of State Colleges and Universities, Illinois

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1 Community College Board, Southern Illinois University,

2 Illinois Board of Higher Education, Board of Governors of

3 State Colleges and Universities, the Board of Regents,

4 University of Illinois, State Universities Civil Service

5 System, University Retirement System of Illinois, so long

6 as these are subject to the provisions of the State

7 Universities Civil Service Act.

8 (10) The Illinois State Police so long as they are

9 subject to the merit provisions of the Illinois State

10 Police Act. ~~Employees of the Illinois State Police Merit~~

11 ~~Board are subject to the provisions of this Code.~~

12 (11) (Blank).

13 (12) The technical and engineering staffs of the

14 Department of Transportation, the Division of Nuclear

15 Safety at the Illinois Emergency Management Agency, the

16 Pollution Control Board, and the Illinois Commerce

17 Commission, and the technical and engineering staff

18 providing architectural and engineering services in the

19 Department of Central Management Services.

20 (13) All employees of the Illinois State Toll Highway

21 Authority.

22 (14) The Secretary of the Illinois Workers'

23 Compensation Commission.

24 (15) All persons who are appointed or employed by the

25 Director of Insurance under authority of Section 202 of

26 the Illinois Insurance Code to assist the Director of

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1 Insurance in discharging his responsibilities relating to

2 the rehabilitation, liquidation, conservation, and

3 dissolution of companies that are subject to the

4 jurisdiction of the Illinois Insurance Code.

5 (16) All employees of the St. Louis Metropolitan Area

6 Airport Authority.

7 (17) All investment officers employed by the Illinois

8 State Board of Investment.

9 (18) Employees of the Illinois Young Adult

10 Conservation Corps program, administered by the Illinois

11 Department of Natural Resources, authorized grantee under

12 Title VIII of the Comprehensive Employment and Training

13 Act of 1973, 29 U.S.C. 993.

14 (19) Seasonal employees of the Department of

15 Agriculture for the operation of the Illinois State Fair

16 and the DuQuoin State Fair, no one person receiving more

17 than 29 days of such employment in any calendar year.

18 (20) All "temporary" employees hired under the

19 Department of Natural Resources' Illinois Conservation

20 Service, a youth employment program that hires young

21 people to work in State parks for a period of one year or

22 less.

23 (21) All hearing officers of the Human Rights

24 Commission.

25 (22) All employees of the Illinois Mathematics and

26 Science Academy.

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1 (23) All employees of the Kankakee River Valley Area

2 Airport Authority.

3 (24) The commissioners and employees of the Executive

4 Ethics Commission.

5 (25) The Executive Inspectors General, including

6 special Executive Inspectors General, and employees of

7 each Office of an Executive Inspector General.

8 (26) The commissioners and employees of the

9 Legislative Ethics Commission.

10 (27) The Legislative Inspector General, including

11 special Legislative Inspectors General, and employees of

12 the Office of the Legislative Inspector General.

13 (28) The Auditor General's Inspector General and

14 employees of the Office of the Auditor General's Inspector

15 General.

16 (29) All employees of the Illinois Power Agency.

17 (30) Employees having demonstrable, defined advanced

18 skills in accounting, financial reporting, or technical

19 expertise who are employed within executive branch

20 agencies and whose duties are directly related to the

21 submission to the Office of the Comptroller of financial

22 information for the publication of the annual

23 comprehensive financial report.

24 (31) All employees of the Illinois Sentencing Policy

25 Advisory Council.

26 (Source: P.A. 102-291, eff. 8-6-21; 102-538, eff. 8-20-21;

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1 102-783, eff. 5-13-22; 102-813, eff. 5-13-22; 103-108, eff.

2 6-27-23.)

3 Section 385. The Department of State Police Law of the

4 Civil Administrative Code of Illinois is amended by changing

5 Section 2605-50 as follows:

6 (20 ILCS 2605/2605-50) (was 20 ILCS 2605/55a-6)

7 Sec. 2605-50. Division of Internal Investigation. The

8 Division of Internal Investigation shall have jurisdiction and

9 initiate internal Illinois State Police investigations and, at

10 the direction of the Governor, investigate complaints and

11 initiate investigations of official misconduct by State

12 officers and all State employees. ~~Notwithstanding any other~~

13 ~~provisions of law, the Division shall serve as the~~

14 ~~investigative body for the Illinois State Police for purposes~~

15 ~~of compliance with the provisions of Sections 12.6 and 12.7 of~~

16 ~~the Illinois State Police Act.~~

17 (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;

18 102-813, eff. 5-13-22.)

19 Section 390. The State Police Act is amended by changing

20 Sections 3, 6, 8, and 9 as follows:

21 (20 ILCS 2610/3) (from Ch. 121, par. 307.3)

22 Sec. 3. The Governor shall appoint, by and with the advice

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1 and consent of the Senate, an Illinois State Police Merit

2 Board, hereinafter called the Board, consisting of 5 ~~7~~ members

3 to hold office from the third Monday in March of the year of

4 their respective appointments for a term of 6 years and until

5 their successors are appointed and qualified for a like term.

6 ~~The Governor shall appoint new board members within 30 days~~

7 ~~for the vacancies created under Public Act 101-652. Board~~

8 ~~members shall be appointed to four-year terms. No member shall~~

9 ~~be appointed to more than 2 terms. In making the appointments,~~

10 ~~the Governor shall make a good faith effort to appoint members~~

11 ~~reflecting the geographic, ethnic, and cultural diversity of~~

12 ~~this State. In making the appointments, the Governor should~~

13 ~~also consider appointing: persons with professional~~

14 ~~backgrounds, possessing legal, management, personnel, or labor~~

15 ~~experience; at least one member with at least 10 years of~~

16 ~~experience as a licensed physician or clinical psychologist~~

17 ~~with expertise in mental health; and at least one member~~

18 ~~affiliated with an organization committed to social and~~

19 ~~economic rights and to eliminating discrimination.~~ No more

20 than 3 ~~4~~ members of the Board shall be affiliated with the same

21 political party. If the Senate is not in session at the time

22 initial appointments are made pursuant to this Section, the

23 Governor shall make temporary appointments as in the case of a

24 vacancy. ~~In order to avoid actual conflicts of interest, or~~

25 ~~the appearance of conflicts of interest, no board member shall~~

26 ~~be a retired or former employee of the Illinois State Police.~~

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1 ~~When a Board member may have an actual, perceived, or~~

2 ~~potential conflict of interest that could prevent the Board~~

3 ~~member from making a fair and impartial decision on a~~

4 ~~complaint or formal complaint against an Illinois State Police~~

5 ~~officer, the Board member shall recuse himself or herself; or,~~

6 ~~if the Board member fails to recuse himself or herself, then~~

7 ~~the Board may, by a simple majority, vote to recuse the Board~~

8 ~~member.~~

9 (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;

10 102-813, eff. 5-13-22.)

11 (20 ILCS 2610/6) (from Ch. 121, par. 307.6)

12 Sec. 6. The Board is authorized to employ such clerical

13 and technical staff assistants, not to exceed fifteen, as may

14 be necessary to enable the Board to transact its business and,

15 if the rate of compensation is not otherwise fixed by law, to

16 fix their compensation. ~~In order to avoid actual conflicts of~~

17 ~~interest, or the appearance of conflicts of interest, no~~

18 ~~employee, contractor, clerical or technical staff shall be a~~

19 ~~retired or former employee of the Illinois State Police. All~~

20 ~~employees shall be subject to the Personnel Code.~~

21 (Source: P.A. 101-652, eff. 1-1-22.)

22 (20 ILCS 2610/8) (from Ch. 121, par. 307.8)

23 Sec. 8. Board jurisdiction.

24 ~~(a)~~ The Board shall exercise jurisdiction over the

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1 certification for appointment and promotion, and over the

2 discipline, removal, demotion, and suspension of Illinois

3 State Police officers. ~~The Board and the Illinois State Police~~

4 ~~should also ensure Illinois State Police cadets and officers~~

5 ~~represent the utmost integrity and professionalism and~~

6 ~~represent the geographic, ethnic, and cultural diversity of~~

7 ~~this State. The Board shall also exercise jurisdiction to~~

8 ~~certify and terminate Illinois State Police officers in~~

9 ~~compliance with certification standards consistent with~~

10 ~~Sections 9, 11.5, and 12.6 of this Act.~~ Pursuant to recognized

11 merit principles of public employment, the Board shall

12 formulate, adopt, and put into effect rules, regulations, and

13 procedures for its operation and the transaction of its

14 business. The Board shall establish a classification of ranks

15 of persons subject to its jurisdiction and shall set standards

16 and qualifications for each rank. Each Illinois State Police

17 officer appointed by the Director shall be classified as a

18 State Police officer as follows: trooper, sergeant, master

19 sergeant, lieutenant, captain, major, or Special Agent.

20 ~~(b) The Board shall publish all standards and~~

21 ~~qualifications for each rank, including Cadet, on its website.~~

22 ~~This shall include, but not be limited to, all physical~~

23 ~~fitness, medical, visual, and hearing standards. The Illinois~~

24 ~~State Police shall cooperate with the Board by providing any~~

25 ~~necessary information to complete this requirement.~~

26 (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;

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1 102-813, eff. 5-13-22.)

2 (20 ILCS 2610/9) (from Ch. 121, par. 307.9)

3 Sec. 9. Appointment; qualifications.

4 (a) Except as otherwise provided in this Section, the

5 appointment of Illinois State Police officers shall be made

6 from those applicants who have been certified by the Board as

7 being qualified for appointment. All persons so appointed

8 shall, at the time of their appointment, be not less than 21

9 years of age, or 20 years of age and have successfully

10 completed an associate's degree or 60 credit hours at an

11 accredited college or university. Any person appointed

12 subsequent to successful completion of an associate's degree

13 or 60 credit hours at an accredited college or university

14 shall not have power of arrest, nor shall he or she be

15 permitted to carry firearms, until he or she reaches 21 years

16 of age. In addition, all persons so certified for appointment

17 shall be of sound mind and body, be of good moral character, be

18 citizens of the United States, have no criminal records,

19 possess such prerequisites of training, education, and

20 experience as the Board may from time to time prescribe so long

21 as persons who have an associate's degree or 60 credit hours at

22 an accredited college or university are not disqualified, and

23 shall be required to pass successfully such mental and

24 physical tests and examinations as may be prescribed by the

25 Board. A person who meets one of the following requirements is

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1 deemed to have met the collegiate educational requirements:

2 (i) has been honorably discharged and who has been

3 awarded a Southwest Asia Service Medal, Kuwait Liberation

4 Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait),

5 Kosovo Campaign Medal, Korean Defense Service Medal,

6 Afghanistan Campaign Medal, Iraq Campaign Medal, Global

7 War on Terrorism Service Medal, Global War on Terrorism

8 Expeditionary Medal, or Inherent Resolve Campaign Medal by

9 the United States Armed Forces;

10 (ii) is an active member of the Illinois National

11 Guard or a reserve component of the United States Armed

12 Forces and who has been awarded a Southwest Asia Service

13 Medal, Kuwait Liberation Medal (Saudi Arabia), Kuwait

14 Liberation Medal (Kuwait), Kosovo Campaign Medal, Korean

15 Defense Service Medal, Afghanistan Campaign Medal, Iraq

16 Campaign Medal, Global War on Terrorism Service Medal,

17 Global War on Terrorism Expeditionary Medal, or Inherent

18 Resolve Campaign Medal as a result of honorable service

19 during deployment on active duty;

20 (iii) has been honorably discharged who served in a

21 combat mission by proof of hostile fire pay or imminent

22 danger pay during deployment on active duty;

23 (iv) has at least 3 years of full active and

24 continuous United States Armed Forces duty, which shall

25 also include a period of active duty with the State of

26 Illinois under Title 10 or Title 32 of the United States

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1 Code pursuant to an order of the President or the Governor

2 of the State of Illinois, and received an honorable

3 discharge before hiring; or

4 (v) has successfully completed basic law enforcement

5 training, has at least 3 years of continuous, full-time

6 service as a peace officer with the same police

7 department, and is currently serving as a peace officer

8 when applying.

9 Preference shall be given in such appointments to persons

10 who have honorably served in the United States Armed Forces.

11 All appointees shall serve a probationary period of 12 months

12 from the date of appointment and during that period may be

13 discharged at the will of the Director. However, the Director

14 may in his or her sole discretion extend the probationary

15 period of an officer up to an additional 6 months when to do so

16 is deemed in the best interest of the Illinois State Police.

17 Nothing in this subsection (a) limits the Board's ability to

18 prescribe education prerequisites or requirements to certify

19 Illinois State Police officers for promotion as provided in

20 Section 10 of this Act.

21 (b) Notwithstanding the other provisions of this Act,

22 after July 1, 1977 and before July 1, 1980, the Director of

23 State Police may appoint and promote not more than 20 persons

24 having special qualifications as special agents as he or she

25 deems necessary to carry out the Department's objectives. Any

26 such appointment or promotion shall be ratified by the Board.

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1 (c) During the 90 days following March 31, 1995 (the

2 effective date of Public Act 89-9), the Director of State

3 Police may appoint up to 25 persons as State Police officers.

4 These appointments shall be made in accordance with the

5 requirements of this subsection (c) and any additional

6 criteria that may be established by the Director, but are not

7 subject to any other requirements of this Act. The Director

8 may specify the initial rank for each person appointed under

9 this subsection.

10 All appointments under this subsection (c) shall be made

11 from personnel certified by the Board. A person certified by

12 the Board and appointed by the Director under this subsection

13 must have been employed by the Illinois Commerce Commission on

14 November 30, 1994 in a job title subject to the Personnel Code

15 and in a position for which the person was eligible to earn

16 "eligible creditable service" as a "noncovered employee", as

17 those terms are defined in Article 14 of the Illinois Pension

18 Code.

19 Persons appointed under this subsection (c) shall

20 thereafter be subject to the same requirements and procedures

21 as other State police officers. A person appointed under this

22 subsection must serve a probationary period of 12 months from

23 the date of appointment, during which he or she may be

24 discharged at the will of the Director.

25 This subsection (c) does not affect or limit the

26 Director's authority to appoint other State Police officers

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1 under subsection (a) of this Section.

2 ~~(d) During the 180 days following January 1, 2022 (the~~

3 ~~effective date of Public Act 101-652), the Director of the~~

4 ~~Illinois State Police may appoint current Illinois State~~

5 ~~Police employees serving in law enforcement officer positions~~

6 ~~previously within Central Management Services as State Police~~

7 ~~officers. These appointments shall be made in accordance with~~

8 ~~the requirements of this subsection (d) and any institutional~~

9 ~~criteria that may be established by the Director, but are not~~

10 ~~subject to any other requirements of this Act. All~~

11 ~~appointments under this subsection (d) shall be made from~~

12 ~~personnel certified by the Board. A person certified by the~~

13 ~~Board and appointed by the Director under this subsection must~~

14 ~~have been employed by a State agency, board, or commission on~~

15 ~~January 1, 2021 in a job title subject to the Personnel Code~~

16 ~~and in a position for which the person was eligible to earn~~

17 ~~"eligible creditable service" as a "noncovered employee", as~~

18 ~~those terms are defined in Article 14 of the Illinois Pension~~

19 ~~Code. Persons appointed under this subsection (d) shall~~

20 ~~thereafter be subject to the same requirements, and subject to~~

21 ~~the same contractual benefits and obligations, as other State~~

22 ~~police officers. This subsection (d) does not affect or limit~~

23 ~~the Director's authority to appoint other State Police~~

24 ~~officers under subsection (a) of this Section.~~

25 ~~(e) The Merit Board shall review Illinois State Police~~

26 ~~Cadet applicants. The Illinois State Police may provide~~

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1 ~~background check and investigation material to the Board for~~

2 ~~its review pursuant to this Section. The Board shall approve~~

3 ~~and ensure that no cadet applicant is certified unless the~~

4 ~~applicant is a person of good character and has not been~~

5 ~~convicted of, or entered a plea of guilty to, a felony offense,~~

6 ~~any of the misdemeanors specified in this Section or if~~

7 ~~committed in any other state would be an offense similar to~~

8 ~~Section 11-1.50, 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14,~~

9 ~~11-14.1, 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1,~~

10 ~~17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in~~

11 ~~violation of any Section of Part E of Title III of the Criminal~~

12 ~~Code of 1961 or the Criminal Code of 2012, 32-4a, or 32-7 of~~

13 ~~the Criminal Code of 1961 or the Criminal Code of 2012, or~~

14 ~~subsection (a) of Section 17-32 of the Criminal Code of 1961 or~~

15 ~~the Criminal Code of 2012, to Section 5 or 5.2 of the Cannabis~~

16 ~~Control Act, or any felony or misdemeanor in violation of~~

17 ~~federal law or the law of any state that is the equivalent of~~

18 ~~any of the offenses specified therein. The Officer~~

19 ~~Professional Conduct Database, provided for in Section 9.2 of~~

20 ~~the Illinois Police Training Act, shall be searched as part of~~

21 ~~this process. For purposes of this Section, "convicted of, or~~

22 ~~entered a plea of guilty" regardless of whether the~~

23 ~~adjudication of guilt or sentence is withheld or not entered~~

24 ~~thereon. This includes sentences of supervision, conditional~~

25 ~~discharge, or first offender probation, or any similar~~

26 ~~disposition provided for by law.~~

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1 ~~(f) The Board shall by rule establish an application fee~~

2 ~~waiver program for any person who meets one or more of the~~

3 ~~following criteria:~~

4 ~~(1) his or her available personal income is 200% or~~

5 ~~less of the current poverty level; or~~

6 ~~(2) he or she is, in the discretion of the Board,~~

7 ~~unable to proceed in an action with payment of application~~

8 ~~fee and payment of that fee would result in substantial~~

9 ~~hardship to the person or the person's family.~~

10 (Source: P.A. 102-538, eff. 8-20-21; 102-694, eff. 1-7-22;

11 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-312, eff.

12 1-1-24.)

13 (20 ILCS 2610/6.5 rep.)

14 (20 ILCS 2610/11.5 rep.)

15 (20 ILCS 2610/11.6 rep.)

16 (20 ILCS 2610/12.6 rep.)

17 (20 ILCS 2610/12.7 rep.)

18 (20 ILCS 2610/40.1 rep.)

19 (20 ILCS 2610/46 rep.)

20 Section 395. The State Police Act is amended by repealing

21 Sections 6.5, 11.5, 11.6, 12.6, 12.7, 40.1, and 46.

22 Section 400. The Illinois Police Training Act is amended

23 by changing Sections 2, 3, 6, 6.1, 7, 7.5, 8, 8.1, 8.2, 9, 10,

24 10.1, 10.2, 10.3, 10.11, 10.18, 10.19, and 10.20 and by adding

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1 Section 10.5-1 as follows:

2 (50 ILCS 705/2) (from Ch. 85, par. 502)

3 Sec. 2. Definitions. As used in this Act, unless the

4 context otherwise requires:

5 "Board" means the Illinois Law Enforcement Training

6 Standards Board.

7 "Local governmental agency" means any local governmental

8 unit or municipal corporation in this State. It does not

9 include the State of Illinois or any office, officer,

10 department, division, bureau, board, commission, or agency of

11 the State, except that it does include a State-controlled

12 university, college or public community college.

13 "Police training school" means any school located within

14 the State of Illinois whether privately or publicly owned

15 which offers a course in police or county corrections training

16 and has been approved by the Board.

17 "Probationary police officer" means a recruit law

18 enforcement officer required to successfully complete initial

19 minimum basic training requirements at a police training

20 school to be eligible for permanent full-time employment as a

21 local law enforcement officer.

22 "Probationary part-time police officer" means a recruit

23 part-time law enforcement officer required to successfully

24 complete initial minimum part-time training requirements to be

25 eligible for employment on a part-time basis as a local law

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1 enforcement officer.

2 "Permanent police officer" means a law enforcement officer

3 who has completed his or her probationary period and is

4 permanently employed on a full-time basis as a local law

5 enforcement officer by a participating local governmental unit

6 or as a security officer or campus policeman permanently

7 employed by a participating State-controlled university,

8 college, or public community college.

9 "Part-time police officer" means a law enforcement officer

10 who has completed his or her probationary period and is

11 employed on a part-time basis as a law enforcement officer by a

12 participating unit of local government or as a campus

13 policeman by a participating State-controlled university,

14 college, or public community college.

15 "Law enforcement officer" means (i) any police officer of

16 a local governmental agency who is primarily responsible for

17 prevention or detection of crime and the enforcement of the

18 criminal code, traffic, or highway laws of this State or any

19 political subdivision of this State or (ii) any member of a

20 police force appointed and maintained as provided in Section 2

21 of the Railroad Police Act.

22 "Recruit" means any full-time or part-time law enforcement

23 officer or full-time county corrections officer who is

24 enrolled in an approved training course.

25 "Probationary county corrections officer" means a recruit

26 county corrections officer required to successfully complete

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1 initial minimum basic training requirements at a police

2 training school to be eligible for permanent employment on a

3 full-time basis as a county corrections officer.

4 "Permanent county corrections officer" means a county

5 corrections officer who has completed his probationary period

6 and is permanently employed on a full-time basis as a county

7 corrections officer by a participating local governmental

8 unit.

9 "County corrections officer" means any sworn officer of

10 the sheriff who is primarily responsible for the control and

11 custody of offenders, detainees or inmates.

12 "Probationary court security officer" means a recruit

13 court security officer required to successfully complete

14 initial minimum basic training requirements at a designated

15 training school to be eligible for employment as a court

16 security officer.

17 "Permanent court security officer" means a court security

18 officer who has completed his or her probationary period and

19 is employed as a court security officer by a participating

20 local governmental unit.

21 "Court security officer" has the meaning ascribed to it in

22 Section 3-6012.1 of the Counties Code.

23 ~~"Board" means the Illinois Law Enforcement Training~~

24 ~~Standards Board.~~

25 ~~"Full-time law enforcement officer" means a law~~

26 ~~enforcement officer who has completed the officer's~~

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1 ~~probationary period and is employed on a full-time basis as a~~

2 ~~law enforcement officer by a local government agency, State~~

3 ~~government agency, or as a campus police officer by a~~

4 ~~university, college, or community college.~~

5 ~~"Law Enforcement agency" means any entity with statutory~~

6 ~~police powers and the ability to employ individuals authorized~~

7 ~~to make arrests. It does not include the Illinois State Police~~

8 ~~as defined in the State Police Act. A law enforcement agency~~

9 ~~may include any university, college, or community college.~~

10 ~~"Local law enforcement agency" means any law enforcement~~

11 ~~unit of government or municipal corporation in this State. It~~

12 ~~does not include the State of Illinois or any office, officer,~~

13 ~~department, division, bureau, board, commission, or agency of~~

14 ~~the State, except that it does include a State-controlled~~

15 ~~university, college or public community college.~~

16 ~~"State law enforcement agency" means any law enforcement~~

17 ~~agency of this State. This includes any office, officer,~~

18 ~~department, division, bureau, board, commission, or agency of~~

19 ~~the State. It does not include the Illinois State Police as~~

20 ~~defined in the State Police Act.~~

21 ~~"Panel" means the Certification Review Panel.~~

22 ~~"Basic training school" means any school located within~~

23 ~~the State of Illinois whether privately or publicly owned~~

24 ~~which offers a course in basic law enforcement or county~~

25 ~~corrections training and has been approved by the Board.~~

26 ~~"Probationary police officer" means a recruit law~~

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1 ~~enforcement officer required to successfully complete initial~~

2 ~~minimum basic training requirements at a basic training school~~

3 ~~to be eligible for permanent full-time employment as a local~~

4 ~~law enforcement officer.~~

5 ~~"Probationary part-time police officer" means a recruit~~

6 ~~part-time law enforcement officer required to successfully~~

7 ~~complete initial minimum part-time training requirements to be~~

8 ~~eligible for employment on a part-time basis as a local law~~

9 ~~enforcement officer.~~

10 ~~"Permanent law enforcement officer" means a law~~

11 ~~enforcement officer who has completed the officer's~~

12 ~~probationary period and is permanently employed on a full-time~~

13 ~~basis as a local law enforcement officer, as a security~~

14 ~~officer, or campus police officer permanently employed by a~~

15 ~~law enforcement agency.~~

16 ~~"Part-time law enforcement officer" means a law~~

17 ~~enforcement officer who has completed the officer's~~

18 ~~probationary period and is employed on a part-time basis as a~~

19 ~~law enforcement officer or as a campus police officer by a law~~

20 ~~enforcement agency.~~

21 ~~"Law enforcement officer" means (i) any police officer of~~

22 ~~a law enforcement agency who is primarily responsible for~~

23 ~~prevention or detection of crime and the enforcement of the~~

24 ~~criminal code, traffic, or highway laws of this State or any~~

25 ~~political subdivision of this State or (ii) any member of a~~

26 ~~police force appointed and maintained as provided in Section 2~~

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1 ~~of the Railroad Police Act.~~

2 ~~"Recruit" means any full-time or part-time law enforcement~~

3 ~~officer or full-time county corrections officer who is~~

4 ~~enrolled in an approved training course.~~

5 ~~"Review Committee" means the committee at the Board for~~

6 ~~certification disciplinary cases in which the Panel, a law~~

7 ~~enforcement officer, or a law enforcement agency may file for~~

8 ~~reconsideration of a decertification decision made by the~~

9 ~~Board.~~

10 ~~"Probationary county corrections officer" means a recruit~~

11 ~~county corrections officer required to successfully complete~~

12 ~~initial minimum basic training requirements at a basic~~

13 ~~training school to be eligible for permanent employment on a~~

14 ~~full-time basis as a county corrections officer.~~

15 ~~"Permanent county corrections officer" means a county~~

16 ~~corrections officer who has completed the officer's~~

17 ~~probationary period and is permanently employed on a full-time~~

18 ~~basis as a county corrections officer by a participating law~~

19 ~~enforcement agency.~~

20 ~~"County corrections officer" means any sworn officer of~~

21 ~~the sheriff who is primarily responsible for the control and~~

22 ~~custody of offenders, detainees or inmates.~~

23 ~~"Probationary court security officer" means a recruit~~

24 ~~court security officer required to successfully complete~~

25 ~~initial minimum basic training requirements at a designated~~

26 ~~training school to be eligible for employment as a court~~

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1 ~~security officer.~~

2 ~~"Permanent court security officer" means a court security~~

3 ~~officer who has completed the officer's probationary period~~

4 ~~and is employed as a court security officer by a participating~~

5 ~~law enforcement agency.~~

6 ~~"Court security officer" has the meaning ascribed to it in~~

7 ~~Section 3-6012.1 of the Counties Code.~~

8 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)

9 (50 ILCS 705/3) (from Ch. 85, par. 503)

10 Sec. 3. Board; composition; appointments; tenure;

11 vacancies.

12 (a) The Board shall be composed of 18 members selected as

13 follows: The Attorney General of the State of Illinois, the

14 Director of the Illinois State Police, the Director of

15 Corrections, the Superintendent of the Chicago Police

16 Department, the Sheriff of Cook County, the Clerk of the

17 Circuit Court of Cook County, ~~who shall serve as ex officio~~

18 ~~members,~~ and the following to be appointed by the Governor: 2

19 mayors or village presidents of Illinois municipalities, 2

20 Illinois county sheriffs from counties other than Cook County,

21 2 managers of Illinois municipalities, 2 chiefs of municipal

22 police departments in Illinois having no Superintendent of the

23 Police Department on the Board, 2 citizens of Illinois who

24 shall be members of an organized enforcement officers'

25 association, one active member of a statewide association

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1 representing sheriffs, and one active member of a statewide

2 association representing municipal police chiefs. The

3 appointments of the Governor shall be made on the first Monday

4 of August in 1965 with 3 of the appointments to be for a period

5 of one year, 3 for 2 years, and 3 for 3 years. Their successors

6 shall be appointed in like manner for terms to expire the first

7 Monday of August each 3 years thereafter. All members shall

8 serve until their respective successors are appointed and

9 qualify. Vacancies shall be filled by the Governor for the

10 unexpired terms. ~~Any ex officio member may appoint a designee~~

11 ~~to the Board who shall have the same powers and immunities~~

12 ~~otherwise conferred to the member of the Board, including the~~

13 ~~power to vote and be counted toward quorum, so long as the~~

14 ~~member is not in attendance.~~

15 (a-5) Within the Board is created a Review Committee. The

16 Review Committee shall review disciplinary cases in which the

17 Panel, the law enforcement officer, or the law enforcement

18 agency file for reconsideration of a decertification decision

19 made by the Board. The Review Committee shall be composed of 9

20 annually rotating members from the Board appointed by the

21 Board Chairman. One member of the Review Committee shall be

22 designated by the Board Chairman as the Chair. The Review

23 Committee shall sit in 3 member panels composed of one member

24 representing law enforcement management, one member

25 representing members of law enforcement, and one member who is

26 not a current or former member of law enforcement.

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1 ~~(b) When a Board member may have an actual, perceived, or~~

2 ~~potential conflict of interest or appearance of bias that~~

3 ~~could prevent the Board member from making a fair and~~

4 ~~impartial decision regarding decertification:~~

5 ~~(1) The Board member shall recuse himself or herself.~~

6 ~~(2) If the Board member fails to recuse himself or~~

7 ~~herself, then the Board may, by a simple majority of the~~

8 ~~remaining members, vote to recuse the Board member. Board~~

9 ~~members who are found to have voted on a matter in which~~

10 ~~they should have recused themselves may be removed from~~

11 ~~the Board by the Governor.~~

12 ~~A conflict of interest or appearance of bias may include,~~

13 ~~but is not limited to, matters where one of the following is a~~

14 ~~party to a decision on a decertification or formal complaint:~~

15 ~~someone with whom the member has an employment relationship;~~

16 ~~any of the following relatives: spouse, parents, children,~~

17 ~~adopted children, legal wards, stepchildren, step parents,~~

18 ~~step siblings, half siblings, siblings, parents-in-law,~~

19 ~~siblings-in-law, children-in-law, aunts, uncles, nieces, and~~

20 ~~nephews; a friend; or a member of a professional organization,~~

21 ~~association, or a union in which the member now actively~~

22 ~~serves.~~

23 ~~(c) A vacancy in members does not prevent a quorum of the~~

24 ~~remaining sitting members from exercising all rights and~~

25 ~~performing all duties of the Board.~~

26 ~~(d) An individual serving on the Board shall not also~~

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1 ~~serve on the Panel.~~

2 (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;

3 102-694, eff. 1-7-22.)

4 (50 ILCS 705/6) (from Ch. 85, par. 506)

5 Sec. 6. Powers and duties of the Board; selection and

6 certification of schools. The Board shall select and certify

7 schools within the State of Illinois for the purpose of

8 providing basic training for probationary police officers,

9 probationary county corrections officers, and court security

10 officers and of providing advanced or in-service training for

11 permanent police officers or permanent county corrections

12 officers, which schools may be either publicly or privately

13 owned and operated. In addition, the Board has the following

14 power and duties:

15 a. To require local governmental units to furnish such

16 reports and information as the Board deems necessary to

17 fully implement this Act.

18 b. To establish appropriate mandatory minimum

19 standards relating to the training of probationary local

20 police officers or probationary county corrections

21 officers, and in-service training of permanent law

22 enforcement officers.

23 c. To provide appropriate certification to those

24 probationary officers who successfully complete the

25 prescribed minimum standard basic training course.

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1 d. To review and approve annual training curriculum

2 for county sheriffs.

3 e. To review and approve applicants to ensure that no

4 applicant is admitted to a certified academy unless the

5 applicant is a person of good character and has not been

6 convicted of, or entered a plea of guilty to, a felony

7 offense, any of the misdemeanors in Sections 11-1.50,

8 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,

9 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7

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

11 subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the

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

13 subsection (a) of Section 17-32 of the Criminal Code of

14 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of

15 the Cannabis Control Act, or a crime involving moral

16 turpitude under the laws of this State or any other state

17 which if committed in this State would be punishable as a

18 felony or a crime of moral turpitude. The Board may

19 appoint investigators who shall enforce the duties

20 conferred upon the Board by this Act.

21 For purposes of this paragraph e, a person is

22 considered to have been convicted of, found guilty of, or

23 entered a plea of guilty to, plea of nolo contendere to

24 regardless of whether the adjudication of guilt or

25 sentence is withheld or not entered thereon. This includes

26 sentences of supervision, conditional discharge, or first

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1 offender probation, or any similar disposition provided

2 for by law.

3 ~~The Board shall select and certify schools within the State of~~

4 ~~Illinois for the purpose of providing basic training for~~

5 ~~probationary law enforcement officers, probationary county~~

6 ~~corrections officers, and court security officers and of~~

7 ~~providing advanced or in-service training for permanent law~~

8 ~~enforcement officers or permanent county corrections officers,~~

9 ~~which schools may be either publicly or privately owned and~~

10 ~~operated. In addition, the Board has the following power and~~

11 ~~duties:~~

12 ~~a. To require law enforcement agencies to furnish such~~

13 ~~reports and information as the Board deems necessary to~~

14 ~~fully implement this Act.~~

15 ~~b. To establish appropriate mandatory minimum~~

16 ~~standards relating to the training of probationary local~~

17 ~~law enforcement officers or probationary county~~

18 ~~corrections officers, and in-service training of permanent~~

19 ~~law enforcement officers.~~

20 ~~c. To provide appropriate certification to those~~

21 ~~probationary officers who successfully complete the~~

22 ~~prescribed minimum standard basic training course.~~

23 ~~d. To review and approve annual training curriculum~~

24 ~~for county sheriffs.~~

25 ~~e. To review and approve applicants to ensure that no~~

26 ~~applicant is admitted to a certified academy unless the~~

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1 ~~applicant is a person of good character and has not been~~

2 ~~convicted of, found guilty of, entered a plea of guilty~~

3 ~~to, or entered a plea of nolo contendere to a felony~~

4 ~~offense, any of the misdemeanors in Sections 11-1.50,~~

5 ~~11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1,~~

6 ~~11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1, 17-2,~~

7 ~~26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in~~

8 ~~violation of any Section of Part E of Title III of the~~

9 ~~Criminal Code of 1961 or the Criminal Code of 2012, or~~

10 ~~subsection (a) of Section 17-32 of the Criminal Code of~~

11 ~~1961 or the Criminal Code of 2012, or Section 5 or 5.2 of~~

12 ~~the Cannabis Control Act, or a crime involving moral~~

13 ~~turpitude under the laws of this State or any other state~~

14 ~~which if committed in this State would be punishable as a~~

15 ~~felony or a crime of moral turpitude, or any felony or~~

16 ~~misdemeanor in violation of federal law or the law of any~~

17 ~~state that is the equivalent of any of the offenses~~

18 ~~specified therein. The Board may appoint investigators who~~

19 ~~shall enforce the duties conferred upon the Board by this~~

20 ~~Act.~~

21 ~~For purposes of this paragraph e, a person is~~

22 ~~considered to have been convicted of, found guilty of, or~~

23 ~~entered a plea of guilty to, plea of nolo contendere to~~

24 ~~regardless of whether the adjudication of guilt or~~

25 ~~sentence is withheld or not entered thereon. This includes~~

26 ~~sentences of supervision, conditional discharge, or first~~

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1 ~~offender probation, or any similar disposition provided~~

2 ~~for by law.~~

3 ~~f. To establish statewide standards for minimum~~

4 ~~standards regarding regular mental health screenings for~~

5 ~~probationary and permanent police officers, ensuring that~~

6 ~~counseling sessions and screenings remain confidential.~~

7 ~~g. To review and ensure all law enforcement officers~~

8 ~~remain in compliance with this Act, and any administrative~~

9 ~~rules adopted under this Act.~~

10 ~~h. To suspend any certificate for a definite period,~~

11 ~~limit or restrict any certificate, or revoke any~~

12 ~~certificate.~~

13 ~~i. The Board and the Panel shall have power to secure~~

14 ~~by its subpoena and bring before it any person or entity in~~

15 ~~this State and to take testimony either orally or by~~

16 ~~deposition or both with the same fees and mileage and in~~

17 ~~the same manner as prescribed by law in judicial~~

18 ~~proceedings in civil cases in circuit courts of this~~

19 ~~State. The Board and the Panel shall also have the power to~~

20 ~~subpoena the production of documents, papers, files,~~

21 ~~books, documents, and records, whether in physical or~~

22 ~~electronic form, in support of the charges and for~~

23 ~~defense, and in connection with a hearing or~~

24 ~~investigation.~~

25 ~~j. The Executive Director, the administrative law~~

26 ~~judge designated by the Executive Director, and each~~

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1 ~~member of the Board and the Panel shall have the power to~~

2 ~~administer oaths to witnesses at any hearing that the~~

3 ~~Board is authorized to conduct under this Act and any~~

4 ~~other oaths required or authorized to be administered by~~

5 ~~the Board under this Act.~~

6 ~~k. In case of the neglect or refusal of any person to~~

7 ~~obey a subpoena issued by the Board and the Panel, any~~

8 ~~circuit court, upon application of the Board and the~~

9 ~~Panel, through the Illinois Attorney General, may order~~

10 ~~such person to appear before the Board and the Panel give~~

11 ~~testimony or produce evidence, and any failure to obey~~

12 ~~such order is punishable by the court as a contempt~~

13 ~~thereof. This order may be served by personal delivery, by~~

14 ~~email, or by mail to the address of record or email address~~

15 ~~of record.~~

16 ~~l. The Board shall have the power to administer state~~

17 ~~certification examinations. Any and all records related to~~

18 ~~these examinations, including, but not limited to, test~~

19 ~~questions, test formats, digital files, answer responses,~~

20 ~~answer keys, and scoring information shall be exempt from~~

21 ~~disclosure.~~

22 ~~m. To make grants, subject to appropriation, to units~~

23 ~~of local government and public institutions of higher~~

24 ~~education for the purposes of hiring and retaining law~~

25 ~~enforcement officers.~~

26 ~~n. To make grants, subject to appropriation, to local~~

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1 ~~law enforcement agencies for costs associated with the~~

2 ~~expansion and support of National Integrated Ballistic~~

3 ~~Information Network (NIBIN) and other ballistic technology~~

4 ~~equipment for ballistic testing.~~

5 (Source: P.A. 102-687, eff. 12-17-21; 102-694, eff. 1-7-22;

6 102-1115, eff. 1-9-23; 103-8, eff. 6-7-23.)

7 (50 ILCS 705/6.1)

8 Sec. 6.1. Decertification ~~Automatic decertification~~ of

9 full-time and part-time police ~~law enforcement~~ officers.

10 (a) The Board must review police officer conduct and

11 records to ensure that no police officer is certified or

12 provided a valid waiver if that police officer has been

13 convicted of, or entered a plea of guilty to, a felony offense

14 under the laws of this State or any other state which if

15 committed in this State would be punishable as a felony. The

16 Board must also ensure that no or officer is certified or

17 provided a valid waiver if that police officer has been

18 convicted of, or entered a plea of guilty to, any misdemeanor

19 specified in this Section or if committed in any other state

20 would be an offense similar to Section 11-1.50, 11-6, 11-9.1,

21 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2, 28-3,

22 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the Criminal Code of

23 1961 or the Criminal Code of 2012, to subdivision (a)(1) or

24 (a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961 or

25 the Criminal Code of 2012, or subsection (a) of Section 17-32

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

2 to Section 5 or 5.2 of the Cannabis Control Act. The Board must

3 appoint investigators to enforce the duties conferred upon the

4 Board by this Act.

5 (b) It is the responsibility of the sheriff or the chief

6 executive officer of every local law enforcement agency or

7 department within this State to report to the Board any

8 arrest, conviction, or plea of guilty of any officer for an

9 offense identified in this Section.

10 (c) It is the duty and responsibility of every full-time

11 and part-time police officer in this State to report to the

12 Board within 30 days, and the officer's sheriff or chief

13 executive officer, of his or her arrest, conviction, or plea

14 of guilty for an offense identified in this Section. Any

15 full-time or part-time police officer who knowingly makes,

16 submits, causes to be submitted, or files a false or

17 untruthful report to the Board must have his or her

18 certificate or waiver immediately decertified or revoked.

19 (d) Any person, or a local or State agency, or the Board is

20 immune from liability for submitting, disclosing, or releasing

21 information of arrests, convictions, or pleas of guilty in

22 this Section as long as the information is submitted,

23 disclosed, or released in good faith and without malice. The

24 Board has qualified immunity for the release of the

25 information.

26 (e) Any full-time or part-time police officer with a

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1 certificate or waiver issued by the Board who is convicted of,

2 or entered a plea of guilty to, any offense described in this

3 Section immediately becomes decertified or no longer has a

4 valid waiver. The decertification and invalidity of waivers

5 occurs as a matter of law. Failure of a convicted person to

6 report to the Board his or her conviction as described in this

7 Section or any continued law enforcement practice after

8 receiving a conviction is a Class 4 felony.

9 (f) The Board's investigators are peace officers and have

10 all the powers possessed by policemen in cities and by

11 sheriffs, and these investigators may exercise those powers

12 anywhere in the State. An investigator shall not have peace

13 officer status or exercise police powers unless he or she

14 successfully completes the basic police training course

15 mandated and approved by the Board or the Board waives the

16 training requirement by reason of the investigator's prior law

17 enforcement experience, training, or both. The Board shall not

18 waive the training requirement unless the investigator has had

19 a minimum of 5 years experience as a sworn officer of a local,

20 State, or federal law enforcement agency.

21 (g) The Board must request and receive information and

22 assistance from any federal, state, or local governmental

23 agency as part of the authorized criminal background

24 investigation. The Illinois State Police must process, retain,

25 and additionally provide and disseminate information to the

26 Board concerning criminal charges, arrests, convictions, and

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1 their disposition, that have been filed against a basic

2 academy applicant, law enforcement applicant, or law

3 enforcement officer whose fingerprint identification cards are

4 on file or maintained by the Illinois State Police. The

5 Federal Bureau of Investigation must provide the Board any

6 criminal history record information contained in its files

7 pertaining to law enforcement officers or any applicant to a

8 Board certified basic law enforcement academy as described in

9 this Act based on fingerprint identification. The Board must

10 make payment of fees to the Illinois State Police for each

11 fingerprint card submission in conformance with the

12 requirements of paragraph 22 of Section 55a of the Civil

13 Administrative Code of Illinois.

14 A police officer who has been certified or granted a valid

15 waiver shall also be decertified or have his or her waiver

16 revoked upon a determination by the Illinois Labor Relations

17 Board State Panel that he or she, while under oath, has

18 knowingly and willfully made false statements as to a material

19 fact going to an element of the offense of murder. If an appeal

20 is filed, the determination shall be stayed.

21 (1) In the case of an acquittal on a charge of murder,

22 a verified complaint may be filed:

23 (A) by the defendant; or

24 (B) by a police officer with personal knowledge of

25 perjured testimony.

26 The complaint must allege that a police officer, while

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1 under oath, knowingly and willfully made false statements

2 as to a material fact going to an element of the offense of

3 murder. The verified complaint must be filed with the

4 Executive Director of the Illinois Law Enforcement

5 Training Standards Board within 2 years of the judgment of

6 acquittal.

7 (2) Within 30 days, the Executive Director of the

8 Illinois Law Enforcement Training Standards Board shall

9 review the verified complaint and determine whether the

10 verified complaint is frivolous and without merit, or

11 whether further investigation is warranted. The Illinois

12 Law Enforcement Training Standards Board shall notify the

13 officer and the Executive Director of the Illinois Labor

14 Relations Board State Panel of the filing of the complaint

15 and any action taken thereon. If the Executive Director of

16 the Illinois Law Enforcement Training Standards Board

17 determines that the verified complaint is frivolous and

18 without merit, it shall be dismissed. The Executive

19 Director of the Illinois Law Enforcement Training

20 Standards Board has sole discretion to make this

21 determination and this decision is not subject to appeal.

22 If the Executive Director of the Illinois Law Enforcement

23 Training Standards Board determines that the verified

24 complaint warrants further investigation, he or she shall

25 refer the matter to a task force of investigators created for

26 this purpose. This task force shall consist of 8 sworn police

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1 officers: 2 from the Illinois State Police, 2 from the City of

2 Chicago Police Department, 2 from county police departments,

3 and 2 from municipal police departments. These investigators

4 shall have a minimum of 5 years of experience in conducting

5 criminal investigations. The investigators shall be appointed

6 by the Executive Director of the Illinois Law Enforcement

7 Training Standards Board. Any officer or officers acting in

8 this capacity pursuant to this statutory provision will have

9 statewide police authority while acting in this investigative

10 capacity. Their salaries and expenses for the time spent

11 conducting investigations under this paragraph shall be

12 reimbursed by the Illinois Law Enforcement Training Standards

13 Board.

14 Once the Executive Director of the Illinois Law

15 Enforcement Training Standards Board has determined that an

16 investigation is warranted, the verified complaint shall be

17 assigned to an investigator or investigators. The investigator

18 or investigators shall conduct an investigation of the

19 verified complaint and shall write a report of his or her

20 findings. This report shall be submitted to the Executive

21 Director of the Illinois Labor Relations Board State Panel.

22 Within 30 days, the Executive Director of the Illinois

23 Labor Relations Board State Panel shall review the

24 investigative report and determine whether sufficient evidence

25 exists to conduct an evidentiary hearing on the verified

26 complaint. If the Executive Director of the Illinois Labor

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1 Relations Board State Panel determines upon his or her review

2 of the investigatory report that a hearing should not be

3 conducted, the complaint shall be dismissed. This decision is

4 in the Executive Director's sole discretion, and this

5 dismissal may not be appealed.

6 If the Executive Director of the Illinois Labor Relations

7 Board State Panel determines that there is sufficient evidence

8 to warrant a hearing, a hearing shall be ordered on the

9 verified complaint, to be conducted by an administrative law

10 judge employed by the Illinois Labor Relations Board State

11 Panel. The Executive Director of the Illinois Labor Relations

12 Board State Panel shall inform the Executive Director of the

13 Illinois Law Enforcement Training Standards Board and the

14 person who filed the complaint of either the dismissal of the

15 complaint or the issuance of the complaint for hearing. The

16 Executive Director shall assign the complaint to the

17 administrative law judge within 30 days of the decision

18 granting a hearing.

19 In the case of a finding of guilt on the offense of murder,

20 if a new trial is granted on direct appeal, or a state

21 post-conviction evidentiary hearing is ordered, based on a

22 claim that a police officer, under oath, knowingly and

23 willfully made false statements as to a material fact going to

24 an element of the offense of murder, the Illinois Labor

25 Relations Board State Panel shall hold a hearing to determine

26 whether the officer should be decertified if an interested

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1 party requests such a hearing within 2 years of the court's

2 decision. The complaint shall be assigned to an administrative

3 law judge within 30 days so that a hearing can be scheduled.

4 At the hearing, the accused officer shall be afforded the

5 opportunity to:

6 (1) Be represented by counsel of his or her own

7 choosing;

8 (2) Be heard in his or her own defense;

9 (3) Produce evidence in his or her defense;

10 (4) Request that the Illinois Labor Relations Board

11 State Panel compel the attendance of witnesses and

12 production of related documents including but not limited

13 to court documents and records.

14 Once a case has been set for hearing, the verified

15 complaint shall be referred to the Department of Professional

16 Regulation. That office shall prosecute the verified complaint

17 at the hearing before the administrative law judge. The

18 Department of Professional Regulation shall have the

19 opportunity to produce evidence to support the verified

20 complaint and to request the Illinois Labor Relations Board

21 State Panel to compel the attendance of witnesses and the

22 production of related documents, including, but not limited

23 to, court documents and records. The Illinois Labor Relations

24 Board State Panel shall have the power to issue subpoenas

25 requiring the attendance of and testimony of witnesses and the

26 production of related documents including, but not limited to,

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1 court documents and records and shall have the power to

2 administer oaths.

3 The administrative law judge shall have the responsibility

4 of receiving into evidence relevant testimony and documents,

5 including court records, to support or disprove the

6 allegations made by the person filing the verified complaint

7 and, at the close of the case, hear arguments. If the

8 administrative law judge finds that there is not clear and

9 convincing evidence to support the verified complaint that the

10 police officer has, while under oath, knowingly and willfully

11 made false statements as to a material fact going to an element

12 of the offense of murder, the administrative law judge shall

13 make a written recommendation of dismissal to the Illinois

14 Labor Relations Board State Panel. If the administrative law

15 judge finds that there is clear and convincing evidence that

16 the police officer has, while under oath, knowingly and

17 willfully made false statements as to a material fact that

18 goes to an element of the offense of murder, the

19 administrative law judge shall make a written recommendation

20 so concluding to the Illinois Labor Relations Board State

21 Panel. The hearings shall be transcribed. The Executive

22 Director of the Illinois Law Enforcement Training Standards

23 Board shall be informed of the administrative law judge's

24 recommended findings and decision and the Illinois Labor

25 Relations Board State Panel's subsequent review of the

26 recommendation.

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1 An officer named in any complaint filed pursuant to this

2 Act shall be indemnified for his or her reasonable attorney's

3 fees and costs by his or her employer. These fees shall be paid

4 in a regular and timely manner. The State, upon application by

5 the public employer, shall reimburse the public employer for

6 the accused officer's reasonable attorney's fees and costs. At

7 no time and under no circumstances will the accused officer be

8 required to pay his or her own reasonable attorney's fees or

9 costs.

10 The accused officer shall not be placed on unpaid status

11 because of the filing or processing of the verified complaint

12 until there is a final non-appealable order sustaining his or

13 her guilt and his or her certification is revoked. Nothing in

14 this Act, however, restricts the public employer from pursuing

15 discipline against the officer in the normal course and under

16 procedures then in place.

17 The Illinois Labor Relations Board State Panel shall

18 review the administrative law judge's recommended decision and

19 order and determine by a majority vote whether or not there was

20 clear and convincing evidence that the accused officer, while

21 under oath, knowingly and willfully made false statements as

22 to a material fact going to the offense of murder. Within 30

23 days of service of the administrative law judge's recommended

24 decision and order, the parties may file exceptions to the

25 recommended decision and order and briefs in support of their

26 exceptions with the Illinois Labor Relations Board State

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1 Panel. The parties may file responses to the exceptions and

2 briefs in support of the responses no later than 15 days after

3 the service of the exceptions. If exceptions are filed by any

4 of the parties, the Illinois Labor Relations Board State Panel

5 shall review the matter and make a finding to uphold, vacate,

6 or modify the recommended decision and order. If the Illinois

7 Labor Relations Board State Panel concludes that there is

8 clear and convincing evidence that the accused officer, while

9 under oath, knowingly and willfully made false statements as

10 to a material fact going to an element of the offense murder,

11 the Illinois Labor Relations Board State Panel shall inform

12 the Illinois Law Enforcement Training Standards Board and the

13 Illinois Law Enforcement Training Standards Board shall revoke

14 the accused officer's certification. If the accused officer

15 appeals that determination to the Appellate Court, as provided

16 by this Act, he or she may petition the Appellate Court to stay

17 the revocation of his or her certification pending the court's

18 review of the matter.

19 None of the Illinois Labor Relations Board State Panel's

20 findings or determinations shall set any precedent in any of

21 its decisions decided pursuant to the Illinois Public Labor

22 Relations Act by the Illinois Labor Relations Board State

23 Panel or the courts.

24 A party aggrieved by the final order of the Illinois Labor

25 Relations Board State Panel may apply for and obtain judicial

26 review of an order of the Illinois Labor Relations Board State

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1 Panel, in accordance with the provisions of the Administrative

2 Review Law, except that such judicial review shall be afforded

3 directly in the Appellate Court for the district in which the

4 accused officer resides. Any direct appeal to the Appellate

5 Court shall be filed within 35 days from the date that a copy

6 of the decision sought to be reviewed was served upon the party

7 affected by the decision.

8 Interested parties. Only interested parties to the

9 criminal prosecution in which the police officer allegedly,

10 while under oath, knowingly and willfully made false

11 statements as to a material fact going to an element of the

12 offense of murder may file a verified complaint pursuant to

13 this Section. For purposes of this Section, "interested

14 parties" shall be limited to the defendant and any police

15 officer who has personal knowledge that the police officer who

16 is the subject of the complaint has, while under oath,

17 knowingly and willfully made false statements as to a material

18 fact going to an element of the offense of murder.

19 Semi-annual reports. The Executive Director of the

20 Illinois Labor Relations Board shall submit semi-annual

21 reports to the Governor, President, and Minority Leader of the

22 Senate, and to the Speaker and Minority Leader of the House of

23 Representatives beginning on June 30, 2004, indicating:

24 (1) the number of verified complaints received since

25 the date of the last report;

26 (2) the number of investigations initiated since the

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1 date of the last report;

2 (3) the number of investigations concluded since the

3 date of the last report;

4 (4) the number of investigations pending as of the

5 reporting date;

6 (5) the number of hearings held since the date of the

7 last report; and

8 (6) the number of officers decertified since the date

9 of the last report.

10 ~~(a) The Board must review law enforcement officer conduct~~

11 ~~and records to ensure that no law enforcement officer is~~

12 ~~certified or provided a valid waiver if that law enforcement~~

13 ~~officer has been convicted of, found guilty of, entered a plea~~

14 ~~of guilty to, or entered a plea of nolo contendere to, a felony~~

15 ~~offense under the laws of this State or any other state which~~

16 ~~if committed in this State would be punishable as a felony. The~~

17 ~~Board must also ensure that no law enforcement officer is~~

18 ~~certified or provided a valid waiver if that law enforcement~~

19 ~~officer has been convicted of, found guilty of, or entered a~~

20 ~~plea of guilty to, on or after January 1, 2022 (the effective~~

21 ~~date of Public Act 101-652) of any misdemeanor specified in~~

22 ~~this Section or if committed in any other state would be an~~

23 ~~offense similar to Section 11-1.50, 11-6, 11-6.5, 11-6.6,~~

24 ~~11-9.1, 11-9.1B, 11-14, 11-14.1, 11-30, 12-2, 12-3.2, 12-3.4,~~

25 ~~12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1,~~

26 ~~any misdemeanor in violation of any Section of Part E of Title~~

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

2 ~~or subsection (a) of Section 17-32 of the Criminal Code of 1961~~

3 ~~or the Criminal Code of 2012, or to Section 5 or 5.2 of the~~

4 ~~Cannabis Control Act, or any felony or misdemeanor in~~

5 ~~violation of federal law or the law of any state that is the~~

6 ~~equivalent of any of the offenses specified therein. The Board~~

7 ~~must appoint investigators to enforce the duties conferred~~

8 ~~upon the Board by this Act.~~

9 ~~(a-1) For purposes of this Section, a person is "convicted~~

10 ~~of, or entered a plea of guilty to, plea of nolo contendere to,~~

11 ~~found guilty of" regardless of whether the adjudication of~~

12 ~~guilt or sentence is withheld or not entered thereon. This~~

13 ~~includes sentences of supervision, conditional discharge, or~~

14 ~~first offender probation, or any similar disposition provided~~

15 ~~for by law.~~

16 ~~(b) It is the responsibility of the sheriff or the chief~~

17 ~~executive officer of every law enforcement agency or~~

18 ~~department within this State to report to the Board any~~

19 ~~arrest, conviction, finding of guilt, plea of guilty, or plea~~

20 ~~of nolo contendere to, of any officer for an offense~~

21 ~~identified in this Section, regardless of whether the~~

22 ~~adjudication of guilt or sentence is withheld or not entered~~

23 ~~thereon, this includes sentences of supervision, conditional~~

24 ~~discharge, or first offender probation.~~

25 ~~(c) It is the duty and responsibility of every full-time~~

26 ~~and part-time law enforcement officer in this State to report~~

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1 ~~to the Board within 14 days, and the officer's sheriff or chief~~

2 ~~executive officer, of the officer's arrest, conviction, found~~

3 ~~guilty of, or plea of guilty for an offense identified in this~~

4 ~~Section. Any full-time or part-time law enforcement officer~~

5 ~~who knowingly makes, submits, causes to be submitted, or files~~

6 ~~a false or untruthful report to the Board must have the~~

7 ~~officer's certificate or waiver immediately decertified or~~

8 ~~revoked.~~

9 ~~(d) Any person, or a local or State agency, or the Board is~~

10 ~~immune from liability for submitting, disclosing, or releasing~~

11 ~~information of arrests, convictions, or pleas of guilty in~~

12 ~~this Section as long as the information is submitted,~~

13 ~~disclosed, or released in good faith and without malice. The~~

14 ~~Board has qualified immunity for the release of the~~

15 ~~information.~~

16 ~~(e) Any full-time or part-time law enforcement officer~~

17 ~~with a certificate or waiver issued by the Board who is~~

18 ~~convicted of, found guilty of, or entered a plea of guilty to,~~

19 ~~or entered a plea of nolo contendere to any offense described~~

20 ~~in this Section immediately becomes decertified or no longer~~

21 ~~has a valid waiver. The decertification and invalidity of~~

22 ~~waivers occurs as a matter of law. Failure of a convicted~~

23 ~~person to report to the Board the officer's conviction as~~

24 ~~described in this Section or any continued law enforcement~~

25 ~~practice after receiving a conviction is a Class 4 felony.~~

26 ~~For purposes of this Section, a person is considered to~~

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1 ~~have been "convicted of, found guilty of, or entered a plea of~~

2 ~~guilty to, plea of nolo contendere to" regardless of whether~~

3 ~~the adjudication of guilt or sentence is withheld or not~~

4 ~~entered thereon, including sentences of supervision,~~

5 ~~conditional discharge, first offender probation, or any~~

6 ~~similar disposition as provided for by law.~~

7 ~~(f) The Board's investigators shall be law enforcement~~

8 ~~officers as defined in Section 2 of this Act. The Board shall~~

9 ~~not waive the training requirement unless the investigator has~~

10 ~~had a minimum of 5 years experience as a sworn officer of a~~

11 ~~local, State, or federal law enforcement agency. An~~

12 ~~investigator shall not have been terminated for good cause,~~

13 ~~decertified, had his or her law enforcement license or~~

14 ~~certificate revoked in this or any other jurisdiction, or been~~

15 ~~convicted of any of the conduct listed in subsection (a). Any~~

16 ~~complaint filed against the Board's investigators shall be~~

17 ~~investigated by the Illinois State Police.~~

18 ~~(g) The Board must request and receive information and~~

19 ~~assistance from any federal, state, local, or private~~

20 ~~enforcement agency as part of the authorized criminal~~

21 ~~background investigation. The Illinois State Police must~~

22 ~~process, retain, and additionally provide and disseminate~~

23 ~~information to the Board concerning criminal charges, arrests,~~

24 ~~convictions, and their disposition, that have been filed~~

25 ~~against a basic academy applicant, law enforcement applicant,~~

26 ~~or law enforcement officer whose fingerprint identification~~

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1 ~~cards are on file or maintained by the Illinois State Police.~~

2 ~~The Federal Bureau of Investigation must provide the Board any~~

3 ~~criminal history record information contained in its files~~

4 ~~pertaining to law enforcement officers or any applicant to a~~

5 ~~Board certified basic law enforcement academy as described in~~

6 ~~this Act based on fingerprint identification. The Board must~~

7 ~~make payment of fees to the Illinois State Police for each~~

8 ~~fingerprint card submission in conformance with the~~

9 ~~requirements of paragraph 22 of Section 55a of the Civil~~

10 ~~Administrative Code of Illinois.~~

11 ~~(g-5) Notwithstanding any provision of law to the~~

12 ~~contrary, the changes to this Section made by this amendatory~~

13 ~~Act of the 102nd General Assembly and Public Act 101-652 shall~~

14 ~~apply prospectively only from July 1, 2022.~~

15 (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;

16 102-538, eff. 8-20-21; 102-694, eff. 1-7-22.)

17 (50 ILCS 705/7)

18 Sec. 7. Rules and standards for schools. The Board shall

19 adopt rules and minimum standards for such schools which shall

20 include, but not be limited to, the following:

21 a. The curriculum for probationary police ~~law~~

22 ~~enforcement~~ officers which shall be offered by all

23 certified schools shall include, but not be limited to,

24 courses of procedural justice, arrest and use and control

25 tactics, search and seizure, including temporary

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1 questioning, civil rights, human rights, human relations,

2 cultural competency, including implicit bias and racial

3 and ethnic sensitivity, criminal law, law of criminal

4 procedure, constitutional and proper use of law

5 enforcement authority, crisis intervention training,

6 vehicle and traffic law including uniform and

7 non-discriminatory enforcement of the Illinois Vehicle

8 Code, traffic control and crash investigation, techniques

9 of obtaining physical evidence, court testimonies,

10 statements, reports, firearms training, training in the

11 use of electronic control devices, including the

12 psychological and physiological effects of the use of

13 those devices on humans, first-aid (including

14 cardiopulmonary resuscitation), training in the

15 administration of opioid antagonists as defined in

16 paragraph (1) of subsection (e) of Section 5-23 of the

17 Substance Use Disorder Act, handling of juvenile

18 offenders, recognition of mental conditions and crises,

19 including, but not limited to, the disease of addiction,

20 which require immediate assistance and response and

21 methods to safeguard and provide assistance to a person in

22 need of mental treatment, recognition of abuse, neglect,

23 financial exploitation, and self-neglect of adults with

24 disabilities and older adults, as defined in Section 2 of

25 the Adult Protective Services Act, crimes against the

26 elderly, law of evidence, the hazards of high-speed police

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1 vehicle chases with an emphasis on alternatives to the

2 high-speed chase, and physical training. The curriculum

3 shall include specific training in techniques for

4 immediate response to and investigation of cases of

5 domestic violence and of sexual assault of adults and

6 children, including cultural perceptions and common myths

7 of sexual assault and sexual abuse as well as interview

8 techniques that are age sensitive and are trauma informed,

9 victim centered, and victim sensitive. The curriculum

10 shall include training in techniques designed to promote

11 effective communication at the initial contact with crime

12 victims and ways to comprehensively explain to victims and

13 witnesses their rights under the Rights of Crime Victims

14 and Witnesses Act and the Crime Victims Compensation Act.

15 The curriculum shall also include training in effective

16 recognition of and responses to stress, trauma, and

17 post-traumatic stress experienced by police ~~law~~

18 ~~enforcement~~ officers that is consistent with Section 25 of

19 the Illinois Mental Health First Aid Training Act in a

20 peer setting, including recognizing signs and symptoms of

21 work-related cumulative stress, issues that may lead to

22 suicide, and solutions for intervention with peer support

23 resources. The curriculum shall include a block of

24 instruction addressing the mandatory reporting

25 requirements under the Abused and Neglected Child

26 Reporting Act. The curriculum shall also include a block

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1 of instruction aimed at identifying and interacting with

2 persons with autism and other developmental or physical

3 disabilities, reducing barriers to reporting crimes

4 against persons with autism, and addressing the unique

5 challenges presented by cases involving victims or

6 witnesses with autism and other developmental

7 disabilities. The curriculum shall include training in the

8 detection and investigation of all forms of human

9 trafficking. The curriculum shall also include instruction

10 in trauma-informed responses designed to ensure the

11 physical safety and well-being of a child of an arrested

12 parent or immediate family member; this instruction must

13 include, but is not limited to: (1) understanding the

14 trauma experienced by the child while maintaining the

15 integrity of the arrest and safety of officers, suspects,

16 and other involved individuals; (2) de-escalation tactics

17 that would include the use of force when reasonably

18 necessary; and (3) inquiring whether a child will require

19 supervision and care. ~~The curriculum for probationary law~~

20 ~~enforcement officers shall include: (1) at least 12 hours~~

21 ~~of hands-on, scenario-based role-playing; (2) at least 6~~

22 ~~hours of instruction on use of force techniques, including~~

23 ~~the use of de-escalation techniques to prevent or reduce~~

24 ~~the need for force whenever safe and feasible; (3)~~

25 ~~specific training on officer safety techniques, including~~

26 ~~cover, concealment, and time; and (4) at least 6 hours of~~

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1 ~~training focused on high-risk traffic stops.~~ The

2 curriculum for permanent police ~~law enforcement~~ officers

3 shall include, but not be limited to: (1) refresher and

4 in-service training in any of the courses listed above in

5 this subparagraph, (2) advanced courses in any of the

6 subjects listed above in this subparagraph, (3) training

7 for supervisory personnel, and (4) specialized training in

8 subjects and fields to be selected by the board. The

9 training in the use of electronic control devices shall be

10 conducted for probationary police ~~law enforcement~~

11 officers, including University police officers. The

12 curriculum shall also include training on the use of a

13 firearms restraining order by providing instruction on the

14 process used to file a firearms restraining order and how

15 to identify situations in which a firearms restraining

16 order is appropriate.

17 b. Minimum courses of study, attendance requirements

18 and equipment requirements.

19 c. Minimum requirements for instructors.

20 d. Minimum basic training requirements, which a

21 probationary police ~~law enforcement officer~~ must

22 satisfactorily complete before being eligible for

23 permanent employment as a local police ~~law enforcement~~

24 officer for a participating local governmental ~~or State~~

25 ~~governmental~~ agency. Those requirements shall include

26 training in first aid (including cardiopulmonary

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1 resuscitation).

2 e. Minimum basic training requirements, which a

3 probationary county corrections officer must

4 satisfactorily complete before being eligible for

5 permanent employment as a county corrections officer for a

6 participating local governmental agency.

7 f. Minimum basic training requirements which a

8 probationary court security officer must satisfactorily

9 complete before being eligible for permanent employment as

10 a court security officer for a participating local

11 governmental agency. The Board shall establish those

12 training requirements which it considers appropriate for

13 court security officers and shall certify schools to

14 conduct that training.

15 A person hired to serve as a court security officer

16 must obtain from the Board a certificate (i) attesting to

17 the officer's successful completion of the training

18 course; (ii) attesting to the officer's satisfactory

19 completion of a training program of similar content and

20 number of hours that has been found acceptable by the

21 Board under the provisions of this Act; or (iii) attesting

22 to the Board's determination that the training course is

23 unnecessary because of the person's extensive prior law

24 enforcement experience.

25 Individuals who currently serve as court security

26 officers shall be deemed qualified to continue to serve in

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1 that capacity so long as they are certified as provided by

2 this Act within 24 months of June 1, 1997 (the effective

3 date of Public Act 89-685). Failure to be so certified,

4 absent a waiver from the Board, shall cause the officer to

5 forfeit his or her position.

6 All individuals hired as court security officers on or

7 after June 1, 1997 (the effective date of Public Act

8 89-685) shall be certified within 12 months of the date of

9 their hire, unless a waiver has been obtained by the

10 Board, or they shall forfeit their positions.

11 The Sheriff's Merit Commission, if one exists, or the

12 Sheriff's Office if there is no Sheriff's Merit

13 Commission, shall maintain a list of all individuals who

14 have filed applications to become court security officers

15 and who meet the eligibility requirements established

16 under this Act. Either the Sheriff's Merit Commission, or

17 the Sheriff's Office if no Sheriff's Merit Commission

18 exists, shall establish a schedule of reasonable intervals

19 for verification of the applicants' qualifications under

20 this Act and as established by the Board.

21 g. Minimum in-service training requirements, which a

22 police ~~law enforcement~~ officer must satisfactorily

23 complete every 3 years. Those requirements shall include

24 constitutional and proper use of law enforcement

25 authority, procedural justice, civil rights, human rights,

26 mental health awareness and response, officer wellness,

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1 reporting child abuse and neglect, and cultural

2 competency~~, including implicit bias and racial and ethnic~~

3 ~~sensitivity~~. These trainings shall consist of at least 30

4 hours of training every 3 years.

5 h. Minimum in-service training requirements, which a

6 police ~~law enforcement officer~~ must satisfactorily

7 complete at least annually. Those requirements shall

8 include law updates, and use of force training which shall

9 include scenario based training, or similar training

10 approved by the Board ~~emergency medical response training~~

11 ~~and certification, crisis intervention training, and~~

12 ~~officer wellness and mental health~~.

13 ~~i. Minimum in-service training requirements as set~~

14 ~~forth in Section 10.6.~~

15 Notwithstanding any provision of law to the contrary, the

16 changes made to this Section by Public Act 101-652, Public Act

17 102-28, and Public Act 102-694 take effect July 1, 2022.

18 (Source: P.A. 102-28, eff. 6-25-21; 102-345, eff. 6-1-22;

19 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-982, eff.

20 7-1-23; 103-154, eff. 6-30-23.)

21 (50 ILCS 705/7.5)

22 Sec. 7.5. Police ~~Law enforcement~~ pursuit guidelines. The

23 Board shall annually review police pursuit procedures and make

24 available suggested police ~~law enforcement~~ pursuit guidelines

25 for law enforcement agencies. This Section does not alter the

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1 effect of previously existing law, including the immunities

2 established under the Local Governmental and Governmental

3 Employees Tort Immunity Act.

4 (Source: P.A. 101-652, eff. 1-1-22.)

5 (50 ILCS 705/8) (from Ch. 85, par. 508)

6 Sec. 8. Participation required. All home rule local

7 governmental units shall comply with Sections ~~6.3,~~ 8.1~~,~~ and

8 8.2 and any other mandatory provisions of this Act. This Act is

9 a limitation on home rule powers under subsection (i) of

10 Section 6 of Article VII of the Illinois Constitution.

11 (Source: P.A. 101-652, eff. 1-1-22.)

12 (50 ILCS 705/8.1) (from Ch. 85, par. 508.1)

13 Sec. 8.1. Full-time police ~~law enforcement~~ and county

14 corrections officers.

15 (a) After January 1, 1976, no person shall receive a

16 permanent appointment as a law enforcement officer as defined

17 in this Act nor shall any person receive, after the effective

18 date of this amendatory Act of 1984, a permanent appointment

19 as a county corrections officer unless that person has been

20 awarded, within 6 months of his or her initial full-time

21 employment, a certificate attesting to his or her successful

22 completion of the Minimum Standards Basic Law Enforcement and

23 County Correctional Training Course as prescribed by the

24 Board; or has been awarded a certificate attesting to his or

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1 her satisfactory completion of a training program of similar

2 content and number of hours and which course has been found

3 acceptable by the Board under the provisions of this Act; or by

4 reason of extensive prior law enforcement or county

5 corrections experience the basic training requirement is

6 determined by the Board to be illogical and unreasonable.

7 If such training is required and not completed within the

8 applicable 6 months, then the officer must forfeit his or her

9 position, or the employing agency must obtain a waiver from

10 the Board extending the period for compliance. Such waiver

11 shall be issued only for good and justifiable reasons, and in

12 no case shall extend more than 90 days beyond the initial 6

13 months. Any hiring agency that fails to train a law

14 enforcement officer within this period shall be prohibited

15 from employing this individual in a law enforcement capacity

16 for one year from the date training was to be completed. If an

17 agency again fails to train the individual a second time, the

18 agency shall be permanently barred from employing this

19 individual in a law enforcement capacity.

20 (b) No provision of this Section shall be construed to

21 mean that a law enforcement officer employed by a local

22 governmental agency at the time of the effective date of this

23 amendatory Act, either as a probationary police officer or as

24 a permanent police officer, shall require certification under

25 the provisions of this Section. No provision of this Section

26 shall be construed to mean that a county corrections officer

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1 employed by a local governmental agency at the time of the

2 effective date of this amendatory Act of 1984, either as a

3 probationary county corrections or as a permanent county

4 corrections officer, shall require certification under the

5 provisions of this Section. No provision of this Section shall

6 be construed to apply to certification of elected county

7 sheriffs.

8 (c) This Section does not apply to part-time police

9 officers or probationary part-time police officers.

10 ~~(a) No person shall receive a permanent appointment as a~~

11 ~~law enforcement officer or a permanent appointment as a county~~

12 ~~corrections officer unless that person has been awarded,~~

13 ~~within 6 months of the officer's initial full-time employment,~~

14 ~~a certificate attesting to the officer's successful completion~~

15 ~~of the Minimum Standards Basic Law Enforcement or County~~

16 ~~Correctional Training Course as prescribed by the Board; or~~

17 ~~has been awarded a certificate attesting to the officer's~~

18 ~~satisfactory completion of a training program of similar~~

19 ~~content and number of hours and which course has been found~~

20 ~~acceptable by the Board under the provisions of this Act; or a~~

21 ~~training waiver by reason of prior law enforcement or county~~

22 ~~corrections experience, obtained in Illinois, in any other~~

23 ~~state, or with an agency of the federal government, the basic~~

24 ~~training requirement is determined by the Board to be~~

25 ~~illogical and unreasonable. Agencies seeking a reciprocity~~

26 ~~waiver for training completed outside of Illinois must conduct~~

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1 ~~a thorough background check and provide verification of the~~

2 ~~officer's prior training. After review and satisfaction of all~~

3 ~~requested conditions, the officer shall be awarded an~~

4 ~~equivalency certificate satisfying the requirements of this~~

5 ~~Section. Within 60 days after the effective date of this~~

6 ~~amendatory Act of the 103rd General Assembly, the Board shall~~

7 ~~adopt uniform rules providing for a waiver process for a~~

8 ~~person previously employed and qualified as a law enforcement~~

9 ~~or county corrections officer under federal law or the laws of~~

10 ~~any other state, or who has completed a basic law enforcement~~

11 ~~officer or correctional officer academy who would be qualified~~

12 ~~to be employed as a law enforcement officer or correctional~~

13 ~~officer by the federal government or any other state. These~~

14 ~~rules shall address the process for evaluating prior training~~

15 ~~credit, a description and list of the courses typically~~

16 ~~required for reciprocity candidates to complete prior to~~

17 ~~taking the exam, and a procedure for employers seeking a~~

18 ~~pre-activation determination for a reciprocity training~~

19 ~~waiver. The rules shall provide that any eligible person~~

20 ~~previously trained as a law enforcement or county corrections~~

21 ~~officer under federal law or the laws of any other state shall~~

22 ~~successfully complete the following prior to the approval of a~~

23 ~~waiver:~~

24 ~~(1) a training program or set of coursework approved~~

25 ~~by the Board on the laws of this State relevant to the~~

26 ~~duties and training requirements of law enforcement and~~

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1 ~~county correctional officers;~~

2 ~~(2) firearms training; and~~

3 ~~(3) successful passage of the equivalency~~

4 ~~certification examination.~~

5 ~~If such training is required and not completed within the~~

6 ~~applicable 6 months, then the officer must forfeit the~~

7 ~~officer's position, or the employing agency must obtain a~~

8 ~~waiver from the Board extending the period for compliance.~~

9 ~~Such waiver shall be issued only for good and justifiable~~

10 ~~reasons, and in no case shall extend more than 90 days beyond~~

11 ~~the initial 6 months. Any hiring agency that fails to train a~~

12 ~~law enforcement officer within this period shall be prohibited~~

13 ~~from employing this individual in a law enforcement capacity~~

14 ~~for one year from the date training was to be completed. If an~~

15 ~~agency again fails to train the individual a second time, the~~

16 ~~agency shall be permanently barred from employing this~~

17 ~~individual in a law enforcement capacity.~~

18 ~~An individual who is not certified by the Board or whose~~

19 ~~certified status is inactive shall not function as a law~~

20 ~~enforcement officer, be assigned the duties of a law~~

21 ~~enforcement officer by an employing agency, or be authorized~~

22 ~~to carry firearms under the authority of the employer, except~~

23 ~~as otherwise authorized to carry a firearm under State or~~

24 ~~federal law. Sheriffs who are elected as of January 1, 2022~~

25 ~~(the effective date of Public Act 101-652) are exempt from the~~

26 ~~requirement of certified status. Failure to be certified in~~

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1 ~~accordance with this Act shall cause the officer to forfeit~~

2 ~~the officer's position.~~

3 ~~An employing agency may not grant a person status as a law~~

4 ~~enforcement officer unless the person has been granted an~~

5 ~~active law enforcement officer certification by the Board.~~

6 ~~(b) Inactive status. A person who has an inactive law~~

7 ~~enforcement officer certification has no law enforcement~~

8 ~~authority.~~

9 ~~(1) A law enforcement officer's certification becomes~~

10 ~~inactive upon termination, resignation, retirement, or~~

11 ~~separation from the officer's employing law enforcement~~

12 ~~agency for any reason. The Board shall re-activate a~~

13 ~~certification upon written application from the law~~

14 ~~enforcement officer's law enforcement agency that shows~~

15 ~~the law enforcement officer: (i) has accepted a full-time~~

16 ~~law enforcement position with that law enforcement agency,~~

17 ~~(ii) is not the subject of a decertification proceeding,~~

18 ~~and (iii) meets all other criteria for re-activation~~

19 ~~required by the Board. The Board may also establish~~

20 ~~special training requirements to be completed as a~~

21 ~~condition for re-activation.~~

22 ~~The Board shall review a notice for reactivation from~~

23 ~~a law enforcement agency and provide a response within 30~~

24 ~~days. The Board may extend this review. A law enforcement~~

25 ~~officer shall be allowed to be employed as a full-time law~~

26 ~~enforcement officer while the law enforcement officer~~

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1 ~~reactivation waiver is under review.~~

2 ~~A law enforcement officer who is refused reactivation~~

3 ~~or an employing agency of a law enforcement officer who is~~

4 ~~refused reactivation under this Section may request a~~

5 ~~hearing in accordance with the hearing procedures as~~

6 ~~outlined in subsection (h) of Section 6.3 of this Act.~~

7 ~~The Board may refuse to re-activate the certification~~

8 ~~of a law enforcement officer who was involuntarily~~

9 ~~terminated for good cause by an employing agency for~~

10 ~~conduct subject to decertification under this Act or~~

11 ~~resigned or retired after receiving notice of a law~~

12 ~~enforcement agency's investigation.~~

13 ~~(2) A law enforcement agency may place an officer who~~

14 ~~is currently certified on inactive status by sending a~~

15 ~~written request to the Board. A law enforcement officer~~

16 ~~whose certificate has been placed on inactive status shall~~

17 ~~not function as a law enforcement officer until the~~

18 ~~officer has completed any requirements for reactivating~~

19 ~~the certificate as required by the Board. A request for~~

20 ~~inactive status in this subsection shall be in writing,~~

21 ~~accompanied by verifying documentation, and shall be~~

22 ~~submitted to the Board with a copy to the chief~~

23 ~~administrator of the law enforcement officer's current or~~

24 ~~new employing agency.~~

25 ~~(3) Certification that has become inactive under~~

26 ~~paragraph (2) of this subsection (b) shall be reactivated~~

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1 ~~by written notice from the law enforcement officer's~~

2 ~~agency upon a showing that the law enforcement officer:~~

3 ~~(i) is employed in a full-time law enforcement position~~

4 ~~with the same law enforcement agency, (ii) is not the~~

5 ~~subject of a decertification proceeding, and (iii) meets~~

6 ~~all other criteria for re-activation required by the~~

7 ~~Board.~~

8 ~~(4) Notwithstanding paragraph (3) of this subsection~~

9 ~~(b), a law enforcement officer whose certification has~~

10 ~~become inactive under paragraph (2) may have the officer's~~

11 ~~employing agency submit a request for a waiver of training~~

12 ~~requirements to the Board in writing and accompanied by~~

13 ~~any verifying documentation. A grant of a waiver is within~~

14 ~~the discretion of the Board. Within 7 days of receiving a~~

15 ~~request for a waiver under this Section, the Board shall~~

16 ~~notify the law enforcement officer and the chief~~

17 ~~administrator of the law enforcement officer's employing~~

18 ~~agency, whether the request has been granted, denied, or~~

19 ~~if the Board will take additional time for information. A~~

20 ~~law enforcement agency whose request for a waiver under~~

21 ~~this subsection is denied is entitled to request a review~~

22 ~~of the denial by the Board. The law enforcement agency~~

23 ~~must request a review within 20 days of the waiver being~~

24 ~~denied. The burden of proof shall be on the law~~

25 ~~enforcement agency to show why the law enforcement officer~~

26 ~~is entitled to a waiver of the legislatively required~~

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1 ~~training and eligibility requirements.~~

2 ~~(c) No provision of this Section shall be construed to~~

3 ~~mean that a county corrections officer employed by a~~

4 ~~governmental agency at the time of the effective date of this~~

5 ~~amendatory Act, either as a probationary county corrections~~

6 ~~officer or as a permanent county corrections officer, shall~~

7 ~~require certification under the provisions of this Section. No~~

8 ~~provision of this Section shall be construed to apply to~~

9 ~~certification of elected county sheriffs.~~

10 ~~(d) Within 14 days, a law enforcement officer shall report~~

11 ~~to the Board: (1) any name change; (2) any change in~~

12 ~~employment; or (3) the filing of any criminal indictment or~~

13 ~~charges against the officer alleging that the officer~~

14 ~~committed any offense as enumerated in Section 6.1 of this~~

15 ~~Act~~.

16 ~~(e) All law enforcement officers must report the~~

17 ~~completion of the training requirements required in this Act~~

18 ~~in compliance with Section 8.4 of this Act.~~

19 ~~(e-1) Each employing law enforcement agency shall allow~~

20 ~~and provide an opportunity for a law enforcement officer to~~

21 ~~complete the mandated requirements in this Act. All mandated~~

22 ~~training shall be provided at no cost to the employees.~~

23 ~~Employees shall be paid for all time spent attending mandated~~

24 ~~training.~~

25 ~~(e-2) Each agency, academy, or training provider shall~~

26 ~~maintain proof of a law enforcement officer's completion of~~

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1 ~~legislatively required training in a format designated by the~~

2 ~~Board. The report of training shall be submitted to the Board~~

3 ~~within 30 days following completion of the training. A copy of~~

4 ~~the report shall be submitted to the law enforcement officer.~~

5 ~~Upon receipt of a properly completed report of training, the~~

6 ~~Board will make the appropriate entry into the training~~

7 ~~records of the law enforcement officer.~~

8 ~~(f) This Section does not apply to part-time law~~

9 ~~enforcement officers or probationary part-time law enforcement~~

10 ~~officers.~~

11 ~~(g) Notwithstanding any provision of law to the contrary,~~

12 ~~the changes made to this Section by Public Act 101-652, Public~~

13 ~~Act 102-28, and Public Act 102-694 take effect July 1, 2022.~~

14 (Source: P.A. 102-28, eff. 6-25-21; 102-694, eff. 1-7-22;

15 103-154, eff. 6-30-23; 103-389, eff. 1-1-24.)

16 (50 ILCS 705/8.2)

17 Sec. 8.2. Part-time police ~~law enforcement~~ officers.

18 (a) A person hired to serve as a part-time police officer

19 must obtain from the Board a certificate (i) attesting to his

20 or her successful completion of the part-time police training

21 course; (ii) attesting to his or her satisfactory completion

22 of a training program of similar content and number of hours

23 that has been found acceptable by the Board under the

24 provisions of this Act; or (iii) attesting to the Board's

25 determination that the part-time police training course is

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1 unnecessary because of the person's extensive prior law

2 enforcement experience. A person hired on or after March 14,

3 2002 (the effective date of Public Act 92-533) must obtain

4 this certificate within 18 months after the initial date of

5 hire as a probationary part-time police officer in the State

6 of Illinois. The probationary part-time police officer must be

7 enrolled and accepted into a Board-approved course within 6

8 months after active employment by any department in the State.

9 A person hired on or after January 1, 1996 and before March 14,

10 2002 (the effective date of Public Act 92-533) must obtain

11 this certificate within 18 months after the date of hire. A

12 person hired before January 1, 1996 must obtain this

13 certificate within 24 months after January 1, 1996 (the

14 effective date of Public Act 89-170).

15 The employing agency may seek a waiver from the Board

16 extending the period for compliance. A waiver shall be issued

17 only for good and justifiable reasons, and the probationary

18 part-time police officer may not practice as a part-time

19 police officer during the waiver period. If training is

20 required and not completed within the applicable time period,

21 as extended by any waiver that may be granted, then the officer

22 must forfeit his or her position.

23 (b) (Blank).

24 (c) The part-time police training course referred to in

25 this Section shall be of similar content and the same number of

26 hours as the courses for full-time officers and shall be

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1 provided by Mobile Team In-Service Training Units under the

2 Intergovernmental Law Enforcement Officer's In-Service

3 Training Act or by another approved program or facility in a

4 manner prescribed by the Board.

5 (d) For the purposes of this Section, the Board shall

6 adopt rules defining what constitutes employment on a

7 part-time basis.

8 ~~(a) A person hired to serve as a part-time law enforcement~~

9 ~~officer must obtain from the Board a certificate (i) attesting~~

10 ~~to the officer's successful completion of the part-time police~~

11 ~~training course; (ii) attesting to the officer's satisfactory~~

12 ~~completion of a training program of similar content and number~~

13 ~~of hours that has been found acceptable by the Board under the~~

14 ~~provisions of this Act; or (iii) a training waiver attesting~~

15 ~~to the Board's determination that the part-time police~~

16 ~~training course is unnecessary because of the person's prior~~

17 ~~law enforcement experience obtained in Illinois, in any other~~

18 ~~state, or with an agency of the federal government. A person~~

19 ~~hired on or after the effective date of this amendatory Act of~~

20 ~~the 92nd General Assembly must obtain this certificate within~~

21 ~~18 months after the initial date of hire as a probationary~~

22 ~~part-time law enforcement officer in the State of Illinois.~~

23 ~~The probationary part-time law enforcement officer must be~~

24 ~~enrolled and accepted into a Board-approved course within 6~~

25 ~~months after active employment by any department in the State.~~

26 ~~A person hired on or after January 1, 1996 and before the~~

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1 ~~effective date of this amendatory Act of the 92nd General~~

2 ~~Assembly must obtain this certificate within 18 months after~~

3 ~~the date of hire. A person hired before January 1, 1996 must~~

4 ~~obtain this certificate within 24 months after the effective~~

5 ~~date of this amendatory Act of 1995. Agencies seeking a~~

6 ~~reciprocity waiver for training completed outside of Illinois~~

7 ~~must conduct a thorough background check and provide~~

8 ~~verification of the officer's prior training. After review and~~

9 ~~satisfaction of all requested conditions, the officer shall be~~

10 ~~awarded an equivalency certificate satisfying the requirements~~

11 ~~of this Section. Within 60 days after the effective date of~~

12 ~~this amendatory Act of the 103rd General Assembly, the Board~~

13 ~~shall adopt uniform rules providing for a waiver process for a~~

14 ~~person previously employed and qualified as a law enforcement~~

15 ~~or county corrections officer under federal law or the laws of~~

16 ~~any other state, or who has completed a basic law enforcement~~

17 ~~officer or correctional officer academy who would be qualified~~

18 ~~to be employed as a law enforcement officer or correctional~~

19 ~~officer by the federal government or any other state. These~~

20 ~~rules shall address the process for evaluating prior training~~

21 ~~credit, a description and list of the courses typically~~

22 ~~required for reciprocity candidates to complete prior to~~

23 ~~taking the exam, and a procedure for employers seeking a~~

24 ~~pre-activation determination for a reciprocity training~~

25 ~~waiver. The rules shall provide that any eligible person~~

26 ~~previously trained as a law enforcement or county corrections~~

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1 ~~officer under federal law or the laws of any other state shall~~

2 ~~successfully complete the following prior to the approval of a~~

3 ~~waiver:~~

4 ~~(1) a training program or set of coursework approved~~

5 ~~by the Board on the laws of this State relevant to the~~

6 ~~duties and training requirements of law enforcement and~~

7 ~~county correctional officers;~~

8 ~~(2) firearms training; and~~

9 ~~(3) successful passage of the equivalency~~

10 ~~certification examination.~~

11 ~~The employing agency may seek an extension waiver from the~~

12 ~~Board extending the period for compliance. An extension waiver~~

13 ~~shall be issued only for good and justifiable reasons, and the~~

14 ~~probationary part-time law enforcement officer may not~~

15 ~~practice as a part-time law enforcement officer during the~~

16 ~~extension waiver period. If training is required and not~~

17 ~~completed within the applicable time period, as extended by~~

18 ~~any waiver that may be granted, then the officer must forfeit~~

19 ~~the officer's position.~~

20 ~~An individual who is not certified by the Board or whose~~

21 ~~certified status is inactive shall not function as a law~~

22 ~~enforcement officer, be assigned the duties of a law~~

23 ~~enforcement officer by an agency, or be authorized to carry~~

24 ~~firearms under the authority of the employer, except that~~

25 ~~sheriffs who are elected are exempt from the requirement of~~

26 ~~certified status. Failure to be in accordance with this Act~~

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1 ~~shall cause the officer to forfeit the officer's position.~~

2 ~~(a-5) A part-time probationary law enforcement officer~~

3 ~~shall be allowed to complete six months of a part-time police~~

4 ~~training course and function as a law enforcement officer as~~

5 ~~permitted by this subsection with a waiver from the Board,~~

6 ~~provided the part-time law enforcement officer is still~~

7 ~~enrolled in the training course. If the part-time probationary~~

8 ~~law enforcement officer withdraws from the course for any~~

9 ~~reason or does not complete the course within the applicable~~

10 ~~time period, as extended by any waiver that may be granted,~~

11 ~~then the officer must forfeit the officer's position. A~~

12 ~~probationary law enforcement officer must function under the~~

13 ~~following rules:~~

14 ~~(1) A law enforcement agency may not grant a person~~

15 ~~status as a law enforcement officer unless the person has~~

16 ~~been granted an active law enforcement officer~~

17 ~~certification by the Board.~~

18 ~~(2) A part-time probationary law enforcement officer~~

19 ~~shall not be used as a permanent replacement for a~~

20 ~~full-time law enforcement.~~

21 ~~(3) A part-time probationary law enforcement officer~~

22 ~~shall be directly supervised at all times by a Board~~

23 ~~certified law enforcement officer. Direct supervision~~

24 ~~requires oversight and control with the supervisor having~~

25 ~~final decision-making authority as to the actions of the~~

26 ~~recruit during duty hours.~~

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1 ~~(b) Inactive status. A person who has an inactive law~~

2 ~~enforcement officer certification has no law enforcement~~

3 ~~authority.~~

4 ~~(1) A law enforcement officer's certification becomes~~

5 ~~inactive upon termination, resignation, retirement, or~~

6 ~~separation from the employing agency for any reason. The~~

7 ~~Board shall re-activate a certification upon written~~

8 ~~application from the law enforcement officer's employing~~

9 ~~agency that shows the law enforcement officer: (i) has~~

10 ~~accepted a part-time law enforcement position with that a~~

11 ~~law enforcement agency, (ii) is not the subject of a~~

12 ~~decertification proceeding, and (iii) meets all other~~

13 ~~criteria for re-activation required by the Board.~~

14 ~~The Board may refuse to re-activate the certification~~

15 ~~of a law enforcement officer who was involuntarily~~

16 ~~terminated for good cause by the officer's employing~~

17 ~~agency for conduct subject to decertification under this~~

18 ~~Act or resigned or retired after receiving notice of a law~~

19 ~~enforcement agency's investigation.~~

20 ~~(2) A law enforcement agency may place an officer who~~

21 ~~is currently certified on inactive status by sending a~~

22 ~~written request to the Board. A law enforcement officer~~

23 ~~whose certificate has been placed on inactive status shall~~

24 ~~not function as a law enforcement officer until the~~

25 ~~officer has completed any requirements for reactivating~~

26 ~~the certificate as required by the Board. A request for~~

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1 ~~inactive status in this subsection shall be in writing,~~

2 ~~accompanied by verifying documentation, and shall be~~

3 ~~submitted to the Board by the law enforcement officer's~~

4 ~~employing agency.~~

5 ~~(3) Certification that has become inactive under~~

6 ~~paragraph (2) of this subsection (b), shall be reactivated~~

7 ~~by written notice from the law enforcement officer's law~~

8 ~~enforcement agency upon a showing that the law enforcement~~

9 ~~officer is: (i) employed in a part-time law enforcement~~

10 ~~position with the same law enforcement agency, (ii) not~~

11 ~~the subject of a decertification proceeding, and (iii)~~

12 ~~meets all other criteria for re-activation required by the~~

13 ~~Board. The Board may also establish special training~~

14 ~~requirements to be completed as a condition for~~

15 ~~re-activation.~~

16 ~~The Board shall review a notice for reactivation from~~

17 ~~a law enforcement agency and provide a response within 30~~

18 ~~days. The Board may extend this review. A law enforcement~~

19 ~~officer shall be allowed to be employed as a part-time law~~

20 ~~enforcement officer while the law enforcement officer~~

21 ~~reactivation waiver is under review.~~

22 ~~A law enforcement officer who is refused reactivation~~

23 ~~or an employing agency of a law enforcement officer who is~~

24 ~~refused reactivation under this Section may request a~~

25 ~~hearing in accordance with the hearing procedures as~~

26 ~~outlined in subsection (h) of Section 6.3 of this Act.~~

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1 ~~(4) Notwithstanding paragraph (3) of this Section, a~~

2 ~~law enforcement officer whose certification has become~~

3 ~~inactive under paragraph (2) may have the officer's~~

4 ~~employing agency submit a request for a waiver of training~~

5 ~~requirements to the Board in writing and accompanied by~~

6 ~~any verifying documentation. A grant of a waiver is within~~

7 ~~the discretion of the Board. Within 7 days of receiving a~~

8 ~~request for a waiver under this section, the Board shall~~

9 ~~notify the law enforcement officer and the chief~~

10 ~~administrator of the law enforcement officer's employing~~

11 ~~agency, whether the request has been granted, denied, or~~

12 ~~if the Board will take additional time for information. A~~

13 ~~law enforcement agency or law enforcement officer, whose~~

14 ~~request for a waiver under this subsection is denied, is~~

15 ~~entitled to request a review of the denial by the Board.~~

16 ~~The law enforcement agency must request a review within 20~~

17 ~~days after the waiver being denied. The burden of proof~~

18 ~~shall be on the law enforcement agency to show why the law~~

19 ~~enforcement officer is entitled to a waiver of the~~

20 ~~legislatively required training and eligibility~~

21 ~~requirements.~~

22 ~~(c) The part-time police training course referred to in~~

23 ~~this Section shall be of similar content and the same number of~~

24 ~~hours as the courses for full-time officers and shall be~~

25 ~~provided by Mobile Team In-Service Training Units under the~~

26 ~~Intergovernmental Law Enforcement Officer's In-Service~~

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LRB103 35722 RLC 65802 b

1 ~~Training Act or by another approved program or facility in a~~

2 ~~manner prescribed by the Board.~~

3 ~~(d) Within 14 days, a law enforcement officer shall report~~

4 ~~to the Board: (1) any name change; (2) any change in~~

5 ~~employment; or (3) the filing of any criminal indictment or~~

6 ~~charges against the officer alleging that the officer~~

7 ~~committed any offense as enumerated in Section 6.1 of this~~

8 ~~Act.~~

9 ~~(e) All law enforcement officers must report the~~

10 ~~completion of the training requirements required in this Act~~

11 ~~in compliance with Section 8.4 of this Act.~~

12 ~~(e-1) Each employing agency shall allow and provide an~~

13 ~~opportunity for a law enforcement officer to complete the~~

14 ~~requirements in this Act. All mandated training shall be~~

15 ~~provided for at no cost to the employees. Employees shall be~~

16 ~~paid for all time spent attending mandated training.~~

17 ~~(e-2) Each agency, academy, or training provider shall~~

18 ~~maintain proof of a law enforcement officer's completion of~~

19 ~~legislatively required training in a format designated by the~~

20 ~~Board. The report of training shall be submitted to the Board~~

21 ~~within 30 days following completion of the training. A copy of~~

22 ~~the report shall be submitted to the law enforcement officer.~~

23 ~~Upon receipt of a properly completed report of training, the~~

24 ~~Board will make the appropriate entry into the training~~

25 ~~records of the law enforcement officer.~~

26 ~~(f) For the purposes of this Section, the Board shall~~

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1 ~~adopt rules defining what constitutes employment on a~~

2 ~~part-time basis.~~

3 ~~(g) Notwithstanding any provision of law to the contrary,~~

4 ~~the changes made to this Section by this amendatory Act of the~~

5 ~~102nd General Assembly and Public Act 101-652 take effect July~~

6 ~~1, 2022.~~

7 (Source: P.A. 102-694, eff. 1-7-22; 103-389, eff. 1-1-24.)

8 (50 ILCS 705/9) (from Ch. 85, par. 509)

9 Sec. 9. A special fund is hereby established in the State

10 Treasury to be known as the Traffic and Criminal Conviction

11 Surcharge Fund. Moneys in this Fund shall be expended as

12 follows:

13 (1) a portion of the total amount deposited in the

14 Fund may be used, as appropriated by the General Assembly,

15 for the ordinary and contingent expenses of the Illinois

16 Law Enforcement Training Standards Board;

17 (2) a portion of the total amount deposited in the

18 Fund shall be appropriated for the reimbursement of local

19 governmental agencies participating in training programs

20 certified by the Board, in an amount equaling 1/2 of the

21 total sum paid by such agencies during the State's

22 previous fiscal year for mandated training for

23 probationary police ~~law enforcement~~ officers or

24 probationary county corrections officers and for optional

25 advanced and specialized law enforcement or county

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1 corrections training; these reimbursements may include the

2 costs for tuition at training schools, the salaries of

3 trainees while in schools, and the necessary travel and

4 room and board expenses for each trainee; if the

5 appropriations under this paragraph (2) are not sufficient

6 to fully reimburse the participating local governmental

7 agencies, the available funds shall be apportioned among

8 such agencies, with priority first given to repayment of

9 the costs of mandatory training given to law enforcement

10 officer or county corrections officer recruits, then to

11 repayment of costs of advanced or specialized training for

12 permanent police ~~law enforcement~~ officers or permanent

13 county corrections officers;

14 (3) a portion of the total amount deposited in the

15 Fund may be used to fund the Intergovernmental Law

16 Enforcement Officer's In-Service Training Act, veto

17 overridden October 29, 1981, as now or hereafter amended,

18 at a rate and method to be determined by the board;

19 (4) a portion of the Fund also may be used by the

20 Illinois State Police for expenses incurred in the

21 training of employees from any State, county, or municipal

22 agency whose function includes enforcement of criminal or

23 traffic law;

24 (5) a portion of the Fund may be used by the Board to

25 fund grant-in-aid programs and services for the training

26 of employees from any county or municipal agency whose

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1 functions include corrections or the enforcement of

2 criminal or traffic law;

3 (6) for fiscal years 2013 through 2017 only, a portion

4 of the Fund also may be used by the Department of State

5 Police to finance any of its lawful purposes or functions;

6 (7) a portion of the Fund may be used by the Board,

7 subject to appropriation, to administer grants to local

8 law enforcement agencies for the purpose of purchasing

9 bulletproof vests under the Law Enforcement Officer

10 Bulletproof Vest Act; and

11 (8) a portion of the Fund may be used by the Board to

12 create a law enforcement grant program available for units

13 of local government to fund crime prevention programs,

14 training, and interdiction efforts, including enforcement

15 and prevention efforts, relating to the illegal cannabis

16 market and driving under the influence of cannabis.

17 All payments from the Traffic and Criminal Conviction

18 Surcharge Fund shall be made each year from moneys

19 appropriated for the purposes specified in this Section. No

20 more than 50% of any appropriation under this Act shall be

21 spent in any city having a population of more than 500,000. The

22 State Comptroller and the State Treasurer shall from time to

23 time, at the direction of the Governor, transfer from the

24 Traffic and Criminal Conviction Surcharge Fund to the General

25 Revenue Fund in the State Treasury such amounts as the

26 Governor determines are in excess of the amounts required to

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LRB103 35722 RLC 65802 b

1 meet the obligations of the Traffic and Criminal Conviction

2 Surcharge Fund.

3 (Source: P.A. 101-27, eff. 6-25-19; 101-652, eff. 1-1-22;

4 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

5 (50 ILCS 705/10) (from Ch. 85, par. 510)

6 Sec. 10. The Board may make, amend and rescind such rules

7 and regulations as may be necessary to carry out the

8 provisions of this Act, including those relating to the annual

9 certification of retired law enforcement officers qualified

10 under federal law to carry a concealed weapon. A copy of all

11 rules and regulations and amendments or rescissions thereof

12 shall be filed with the Secretary of State within a reasonable

13 time after their adoption. The schools certified by the Board

14 and participating in the training program may dismiss from the

15 school any trainee prior to the officer's completion of the

16 course, if in the opinion of the person in charge of the

17 training school, the trainee is unable or unwilling to

18 satisfactorily complete the prescribed course of training.

19 ~~The Board shall adopt emergency rules to administer this~~

20 ~~Act in accordance with Section 5-45 of the Illinois~~

21 ~~Administrative Procedure Act. For the purposes of the Illinois~~

22 ~~Administrative Procedure Act, the General Assembly finds that~~

23 ~~the adoption of rules to implement this Act is deemed an~~

24 ~~emergency and necessary to the public interest, safety, and~~

25 ~~welfare.~~

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1 (Source: P.A. 101-652, eff. 1-1-22.)

2 (50 ILCS 705/10.1) (from Ch. 85, par. 510.1)

3 Sec. 10.1. Additional training programs. The Board shall

4 initiate, administer, and conduct training programs for

5 permanent police ~~law enforcement~~ officers and permanent county

6 corrections officers in addition to the basic recruit training

7 program. The Board may initiate, administer, and conduct

8 training programs for part-time police ~~law enforcement~~

9 officers in addition to the basic part-time police ~~law~~

10 ~~enforcement~~ training course. The training for permanent and

11 part-time police ~~law enforcement~~ officers and permanent county

12 corrections officers may be given in any schools selected by

13 the Board. Such training may include all or any part of the

14 subjects enumerated in Sections 7 and 7.4 of this Act.

15 The corporate authorities of all participating local

16 governmental agencies may elect to participate in the advanced

17 training for permanent and part-time police ~~law enforcement~~

18 officers and permanent county corrections officers but

19 nonparticipation in this program shall not in any way affect

20 the mandatory responsibility of governmental units to

21 participate in the basic recruit training programs for

22 probationary full-time and part-time police ~~law enforcement~~

23 and permanent county corrections officers. The failure of any

24 permanent or part-time police ~~law enforcement~~ officer or

25 permanent county corrections officer to successfully complete

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LRB103 35722 RLC 65802 b

1 any course authorized under this Section shall not affect the

2 officer's status as a member of the police department or

3 county sheriff's office of any local governmental agency.

4 The Board may initiate, administer, and conduct training

5 programs for clerks of circuit courts. Those training

6 programs, at the Board's discretion, may be the same or

7 variations of training programs for law enforcement officers.

8 The Board shall initiate, administer, and conduct a

9 training program regarding the set up and operation of

10 portable scales for all municipal and county police officers,

11 technicians, and employees who set up and operate portable

12 scales. This training program must include classroom and field

13 training.

14 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)

15 (50 ILCS 705/10.2)

16 Sec. 10.2. Criminal background investigations.

17 (a) On and after March 14, 2002 (the effective date of

18 Public Act 92-533), an applicant for employment as a peace

19 officer, or for annual certification as a retired law

20 enforcement officer qualified under federal law to carry a

21 concealed weapon, shall authorize an investigation to

22 determine if the applicant has been convicted of, or entered a

23 plea of guilty to, any criminal offense that disqualifies the

24 person as a peace officer.

25 (b) No law enforcement agency may knowingly employ a

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1 person, or certify a retired law enforcement officer qualified

2 under federal law to carry a concealed weapon, unless (i) a

3 criminal background investigation of that person has been

4 completed and (ii) that investigation reveals no convictions

5 ~~of~~ or pleas of guilty ~~to~~ of offenses specified in subsection

6 (a) of Section 6.1 of this Act.

7 (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;

8 102-558, eff. 8-20-21; 102-694, eff. 1-7-22.)

9 (50 ILCS 705/10.3)

10 Sec. 10.3. Training of police ~~law enforcement~~ officers to

11 conduct electronic interrogations.

12 (a) From appropriations made to it for that purpose, the

13 Board shall initiate, administer, and conduct training

14 programs for permanent police ~~law enforcement~~ officers,

15 part-time police ~~law enforcement~~ officers, and recruits on the

16 methods and technical aspects of conducting electronic

17 recordings of interrogations.

18 (b) Subject to appropriation, the Board shall develop

19 technical guidelines for the mandated recording of custodial

20 interrogations in all homicide investigations by law

21 enforcement agencies. These guidelines shall be developed in

22 conjunction with law enforcement agencies and technology

23 accreditation groups to provide guidance for law enforcement

24 agencies in implementing the mandated recording of custodial

25 interrogations in all homicide investigations.

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1 (Source: P.A. 101-652, eff. 1-1-22.)

2 (50 ILCS 705/10.5-1 new)

3 Sec. 10.5-1. Conservators of the Peace training course.

4 The Board shall initiate, administer, and conduct a training

5 course for conservators of the peace. The training course may

6 include all or any part of the subjects enumerated in Section

7 7. The Board shall issue a certificate to those persons

8 successfully completing the course. For the purposes of this

9 Section, "conservators of the peace" means those persons

10 designated under Section 3.1-15-25 of the Illinois Municipal

11 Code and Section 4-7 of the Park District Code.

12 (50 ILCS 705/10.11)

13 Sec. 10.11. Training; death and homicide investigation.

14 The Illinois Law Enforcement Training Standards Board shall

15 conduct or approve a training program in death and homicide

16 investigation for the training of law enforcement officers of

17 local law enforcement agencies. Only law enforcement officers

18 who successfully complete the training program may be assigned

19 as lead investigators in death and homicide investigations.

20 Satisfactory completion of the training program shall be

21 evidenced by a certificate issued to the law enforcement

22 officer by the Illinois Law Enforcement Training Standards

23 Board.

24 The Illinois Law Enforcement Training Standards Board

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1 shall develop a process for waiver applications sent by a

2 local law enforcement ~~governmental~~ agency administrator for

3 those officers whose prior training and experience as homicide

4 investigators may qualify them for a waiver. The Board may

5 issue a waiver at its discretion, based solely on the prior

6 training and experience of an officer as a homicide

7 investigator. This Section does not affect or impede the

8 powers of the office of the coroner to investigate all deaths

9 as provided in Division 3-3 of the Counties Code and the

10 Coroner Training Board Act.

11 (Source: P.A. 101-652, eff. 1-1-22; 102-558, eff. 8-20-21;

12 102-694, eff. 1-7-22.)

13 (50 ILCS 705/10.18)

14 Sec. 10.18. Training; administration of opioid

15 antagonists. The Board shall conduct or approve an in-service

16 training program for police ~~law enforcement~~ officers in the

17 administration of opioid antagonists as defined in paragraph

18 (1) of subsection (e) of Section 5-23 of the Substance Use

19 Disorder Act that is in accordance with that Section. As used

20 in this Section, the term "police ~~law enforcement~~ officers"

21 includes full-time or part-time probationary police ~~law~~

22 ~~enforcement~~ officers, permanent or part-time police ~~law~~

23 ~~enforcement~~ officers, recruits, permanent or probationary

24 county corrections officers, permanent or probationary county

25 security officers, and court security officers. The term does

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1 not include auxiliary police officers as defined in Section

2 3.1-30-20 of the Illinois Municipal Code.

3 (Source: P.A. 101-652, eff. 1-1-22; 102-813, eff. 5-13-22.)

4 (50 ILCS 705/10.19)

5 Sec. 10.19. Training; administration of epinephrine.

6 (a) This Section, along with Section 40 of the Illinois

7 State Police Act, may be referred to as the Annie LeGere Law.

8 (b) For purposes of this Section, "epinephrine

9 auto-injector" means a single-use device used for the

10 automatic injection of a pre-measured dose of epinephrine into

11 the human body prescribed in the name of a local law

12 enforcement agency.

13 (c) The Board shall conduct or approve an optional

14 advanced training program for police ~~law enforcement~~ officers

15 to recognize and respond to anaphylaxis, including the

16 administration of an epinephrine auto-injector. The training

17 must include, but is not limited to:

18 (1) how to recognize symptoms of an allergic reaction;

19 (2) how to respond to an emergency involving an

20 allergic reaction;

21 (3) how to administer an epinephrine auto-injector;

22 (4) how to respond to an individual with a known

23 allergy as well as an individual with a previously unknown

24 allergy;

25 (5) a test demonstrating competency of the knowledge

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1 required to recognize anaphylaxis and administer an

2 epinephrine auto-injector; and

3 (6) other criteria as determined in rules adopted by

4 the Board.

5 (d) A local law enforcement agency may authorize a police

6 ~~law enforcement~~ officer who has completed an optional advanced

7 training program under subsection (c) to carry, administer, or

8 assist with the administration of epinephrine auto-injectors

9 provided by the local law enforcement agency whenever the

10 officer is performing official duties.

11 (e) A local law enforcement agency that authorizes its

12 officers to carry and administer epinephrine auto-injectors

13 under subsection (d) must establish a policy to control the

14 acquisition, storage, transportation, administration, and

15 disposal of epinephrine auto-injectors and to provide

16 continued training in the administration of epinephrine

17 auto-injectors.

18 (f) A physician, physician assistant with prescriptive

19 authority, or advanced practice registered nurse with

20 prescriptive authority may provide a standing protocol or

21 prescription for epinephrine auto-injectors in the name of a

22 local law enforcement agency to be maintained for use when

23 necessary.

24 (g) When a police ~~law enforcement~~ officer administers an

25 epinephrine auto-injector in good faith, the police ~~law~~

26 ~~enforcement~~ officer and local law enforcement agency, and its

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1 employees and agents, including a physician, physician

2 assistant with prescriptive authority, or advanced practice

3 registered nurse with prescriptive authority who provides a

4 standing order or prescription for an epinephrine

5 auto-injector, incur no civil or professional liability,

6 except for willful and wanton conduct, or as a result of any

7 injury or death arising from the use of an epinephrine

8 auto-injector.

9 (Source: P.A. 102-538, eff. 8-20-21; 102-694, eff. 1-7-22;

10 103-154, eff. 6-30-23.)

11 (50 ILCS 705/10.20)

12 Sec. 10.20. Disposal of medications. The Board shall

13 develop rules and minimum standards for local law enforcement

14 agencies that authorize police ~~law enforcement~~ officers to

15 dispose of unused medications under Section 18 of the Safe

16 Pharmaceutical Disposal Act.

17 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)

18 (50 ILCS 705/3.1 rep.)

19 (50 ILCS 705/6.3 rep.)

20 (50 ILCS 705/6.6 rep.)

21 (50 ILCS 705/6.7 rep.)

22 (50 ILCS 705/8.3 rep.)

23 (50 ILCS 705/8.4 rep.)

24 (50 ILCS 705/9.2 rep.)

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1 (50 ILCS 705/13 rep.)

2 Section 405. The Illinois Police Training Act is amended

3 by repealing Sections 3.1, 6.3, 6.6, 6.7, 8.3, 8.4, 9.2, and

4 13.

5 Section 410. The Counties Code is amended by changing

6 Section 3-6001.5 as follows:

7 (55 ILCS 5/3-6001.5)

8 Sec. 3-6001.5. Sheriff qualifications. A person is not

9 eligible to be elected or appointed to the office of sheriff,

10 unless that person meets all of the following requirements:

11 (1) Is a United States citizen.

12 (2) Has been a resident of the county for at least one

13 year.

14 (3) Is not a convicted felon.

15 ~~(4) Has a certificate attesting to his or her~~

16 ~~successful completion of the Minimum Standards Basic Law~~

17 ~~Enforcement Officers Training Course as prescribed by the~~

18 ~~Illinois Law Enforcement Training Standards Board or a~~

19 ~~substantially similar training program of another state or~~

20 ~~the federal government. This paragraph does not apply to a~~

21 ~~sheriff currently serving on the effective date of this~~

22 ~~amendatory Act of the 101st General Assembly.~~

23 (Source: P.A. 101-652, eff. 1-1-22.)

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1 Section 995. No acceleration or delay. Where this Act

2 makes changes in a statute that is represented in this Act by

3 text that is not yet or no longer in effect (for example, a

4 Section represented by multiple versions), the use of that

5 text does not accelerate or delay the taking effect of (i) the

6 changes made by this Act or (ii) provisions derived from any

7 other Public Act.

8 Section 999. Effective date. This Act takes effect upon

9 becoming law.

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1 INDEX

2 Statutes amended in order of appearance

3 5 ILCS 845/Act rep.

4 730 ILCS 205/Act rep.

5 730 ILCS 210/Act rep.

6 5 ILCS 70/1.43 rep.

7 5 ILCS 100/5-45.35 rep.

8 5 ILCS 140/2.15

9 5 ILCS 160/4a

10 5 ILCS 315/14 from Ch. 48, par. 1614

11 5 ILCS 820/1

12 5 ILCS 820/5

13 5 ILCS 820/10

14 5 ILCS 820/15

15 5 ILCS 820/20

16 5 ILCS 820/30

17 5 ILCS 820/35

18 5 ILCS 820/21 rep.

19 15 ILCS 205/10 rep.

20 20 ILCS 2605/2605-302 was 20 ILCS 2605/55a in part

21 20 ILCS 2610/14 from Ch. 121, par. 307.14

22 20 ILCS 2610/17c rep.

23 20 ILCS 3930/7.7 rep.

24 20 ILCS 3930/7.8 rep.

25 30 ILCS 105/5.990 rep.

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1 50 ILCS 105/4.1 rep.

2 50 ILCS 205/3b

3 50 ILCS 205/25 rep.

4 50 ILCS 705/6.2

5 50 ILCS 705/10.17

6 50 ILCS 705/10.6 rep.

7 50 ILCS 706/10-10

8 50 ILCS 706/10-15

9 50 ILCS 706/10-20

10 50 ILCS 706/10-25

11 50 ILCS 707/10

12 50 ILCS 709/5-10

13 50 ILCS 709/5-12

14 50 ILCS 709/5-20

15 50 ILCS 709/5-11 rep.

16 50 ILCS 725/3.2 from Ch. 85, par. 2555

17 50 ILCS 725/3.4 from Ch. 85, par. 2557

18 50 ILCS 725/3.8 from Ch. 85, par. 2561

19 50 ILCS 725/6.1 new

20 50 ILCS 727/1-35 rep.

21 55 ILCS 5/4-5001 from Ch. 34, par. 4-5001

22 55 ILCS 5/4-12001 from Ch. 34, par. 4-12001

23 55 ILCS 5/4-12001.1 from Ch. 34, par. 4-12001.1

24 55 ILCS 5/3-4014 rep.

25 55 ILCS 5/3-6041 rep.

26 65 ILCS 5/11-5.1-2 rep.

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1 65 ILCS 5/1-2-12.2 new

2 110 ILCS 12/15

3 215 ILCS 5/143.19 from Ch. 73, par. 755.19

4 215 ILCS 5/143.19.1 from Ch. 73, par. 755.19.1

5 215 ILCS 5/205 from Ch. 73, par. 817

6 230 ILCS 10/5.1 from Ch. 120, par. 2405.1

7 410 ILCS 70/7.5

8 625 ILCS 5/6-204 from Ch. 95 1/2, par. 6-204

9 625 ILCS 5/6-308

10 625 ILCS 5/6-500 from Ch. 95 1/2, par. 6-500

11 625 ILCS 5/6-601 from Ch. 95 1/2, par. 6-601

12 625 ILCS 5/16-103 from Ch. 95 1/2, par. 16-103

13 625 ILCS 5/6-209.1

14 625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3

15 625 ILCS 5/11-208.6

16 625 ILCS 5/11-208.8

17 625 ILCS 5/11-208.9

18 625 ILCS 5/11-1201.1

19 625 ILCS 5/4-214.2 new

20 625 ILCS 5/6-303 from Ch. 95 1/2, par. 6-303

21 625 ILCS 5/6-306.5-1 new

22 625 ILCS 5/6-306.9 new

23 625 ILCS 40/5-7

24 705 ILCS 105/27.3b from Ch. 25, par. 27.3b

25 705 ILCS 205/9 from Ch. 13, par. 9

26 705 ILCS 405/1-7

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1 705 ILCS 405/1-8

2 705 ILCS 405/5-150

3 720 ILCS 5/26.5-5

4 720 ILCS 5/31-1 from Ch. 38, par. 31-1

5 720 ILCS 5/31A-0.1

6 720 ILCS 5/32-10 from Ch. 38, par. 32-10

7 720 ILCS 5/7-5 from Ch. 38, par. 7-5

8 720 ILCS 5/7-5.5

9 720 ILCS 5/7-9 from Ch. 38, par. 7-9

10 720 ILCS 5/9-1 from Ch. 38, par. 9-1

11 720 ILCS 5/33-3 from Ch. 38, par. 33-3

12 720 ILCS 5/32-15.1 new

13 720 ILCS 5/7-15 rep.

14 720 ILCS 5/7-16 rep.

15 720 ILCS 5/33-9 rep.

16 725 ILCS 5/102-6 from Ch. 38, par. 102-6

17 725 ILCS 5/102-7 from Ch. 38, par. 102-7

18 725 ILCS 5/103-5 from Ch. 38, par. 103-5

19 725 ILCS 5/103-7 from Ch. 38, par. 103-7

20 725 ILCS 5/103-9 from Ch. 38, par. 103-9

21 725 ILCS 5/104-13 from Ch. 38, par. 104-13

22 725 ILCS 5/104-17 from Ch. 38, par. 104-17

23 725 ILCS 5/106D-1

24 725 ILCS 5/107-4 from Ch. 38, par. 107-4

25 725 ILCS 5/107-9 from Ch. 38, par. 107-9

26 725 ILCS 5/107-11 from Ch. 38, par. 107-11

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1 725 ILCS 5/109-1 from Ch. 38, par. 109-1

2 725 ILCS 5/109-2 from Ch. 38, par. 109-2

3 725 ILCS 5/109-3 from Ch. 38, par. 109-3

4 725 ILCS 5/109-3.1 from Ch. 38, par. 109-3.1

5 725 ILCS 5/Art. 110

6 heading

7 725 ILCS 5/110-1 from Ch. 38, par. 110-1

8 725 ILCS 5/110-2 from Ch. 38, par. 110-2

9 725 ILCS 5/110-3.1 new

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

11 725 ILCS 5/110-5.2

12 725 ILCS 5/110-6

13 725 ILCS 5/110-6.1

14 725 ILCS 5/110-6.2 from Ch. 38, par. 110-6.2

15 725 ILCS 5/110-6.4

16 725 ILCS 5/110-10 from Ch. 38, par. 110-10

17 725 ILCS 5/110-11 from Ch. 38, par. 110-11

18 725 ILCS 5/110-12 from Ch. 38, par. 110-12

19 725 ILCS 5/111-2 from Ch. 38, par. 111-2

20 725 ILCS 5/112A-23 from Ch. 38, par. 112A-23

21 725 ILCS 5/113-3.1 from Ch. 38, par. 113-3.1

22 725 ILCS 5/114-1 from Ch. 38, par. 114-1

23 725 ILCS 5/115-4.1 from Ch. 38, par. 115-4.1

24 725 ILCS 5/122-6 from Ch. 38, par. 122-6

25 725 ILCS 5/102-10.5 rep.

26 725 ILCS 5/102-14.5 rep.

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1 725 ILCS 5/110-6.6 rep.

2 725 ILCS 5/110-7.5 rep.

3 725 ILCS 5/110-1.5 rep.

4 725 ILCS 5/103-2 from Ch. 38, par. 103-2

5 725 ILCS 5/108-8 from Ch. 38, par. 108-8

6 725 ILCS 5/103-3.1 new

7 725 ILCS 5/110-4.1 new

8 725 ILCS 5/110-6.3-1 new

9 725 ILCS 5/110-6.5-1 new

10 725 ILCS 5/110-7.1 new

11 725 ILCS 5/110-8.1 new

12 725 ILCS 5/110-9.1 new

13 725 ILCS 5/110-13.1 new

14 725 ILCS 5/110-14.1 new

15 725 ILCS 5/110-15.1 new

16 725 ILCS 5/110-16.1 new

17 725 ILCS 5/110-17.1 new

18 725 ILCS 5/110-18.1 new

19 725 ILCS 5/Art. 110B

20 heading new

21 725 ILCS 5/110B-5 new

22 725 ILCS 5/110B-10 new

23 725 ILCS 5/110B-15 new

24 725 ILCS 5/110B-20 new

25 725 ILCS 5/110B-25 new

26 725 ILCS 5/110B-30 new

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LRB103 35722 RLC 65802 b

1 725 ILCS 5/110B-35 new

2 725 ILCS 5/110B-40 new

3 725 ILCS 5/110B-45 new

4 725 ILCS 5/110B-50 new

5 725 ILCS 5/110B-55 new

6 725 ILCS 5/110B-60 new

7 725 ILCS 5/110B-65 new

8 725 ILCS 5/110B-70 new

9 725 ILCS 5/110B-75 new

10 725 ILCS 5/110B-80 new

11 725 ILCS 165/4 from Ch. 38, par. 161-4

12 725 ILCS 120/3 from Ch. 38, par. 1403

13 725 ILCS 120/4 from Ch. 38, par. 1404

14 725 ILCS 120/4.5

15 725 ILCS 185/7 from Ch. 38, par. 307

16 725 ILCS 185/11 from Ch. 38, par. 311

17 725 ILCS 185/19 from Ch. 38, par. 319

18 725 ILCS 185/20 from Ch. 38, par. 320

19 725 ILCS 185/22 from Ch. 38, par. 322

20 725 ILCS 185/34

21 725 ILCS 195/Act title

22 725 ILCS 195/0.01 from Ch. 16, par. 80

23 725 ILCS 195/1 from Ch. 16, par. 81

24 725 ILCS 195/2 from Ch. 16, par. 82

25 725 ILCS 195/3 from Ch. 16, par. 83

26 725 ILCS 195/5 from Ch. 16, par. 85

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1 730 ILCS 5/5-3-2 from Ch. 38, par. 1005-3-2

2 730 ILCS 5/5-5-3.2

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

4 730 ILCS 5/5-6-4.1 from Ch. 38, par. 1005-6-4.1

5 730 ILCS 5/5-8A-7

6 730 ILCS 5/8-2-1 from Ch. 38, par. 1008-2-1

7 730 ILCS 5/3-6-3

8 730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1

9 730 ILCS 5/5-4.5-95

10 730 ILCS 5/5-4.5-100

11 730 ILCS 5/5-8-1 from Ch. 38, par. 1005-8-1

12 730 ILCS 5/5-8-4 from Ch. 38, par. 1005-8-4

13 730 ILCS 5/5-8-6 from Ch. 38, par. 1005-8-6

14 730 ILCS 5/5-8A-2 from Ch. 38, par. 1005-8A-2

15 730 ILCS 5/5-8A-4 from Ch. 38, par. 1005-8A-4

16 730 ILCS 5/5-8A-4.1

17 730 ILCS 5/5-6-3.8 rep.

18 730 ILCS 5/5-8A-4.15 rep.

19 730 ILCS 110/18

20 730 ILCS 125/5 from Ch. 75, par. 105

21 730 ILCS 130/3 from Ch. 75, par. 32

22 730 ILCS 167/20

23 730 ILCS 168/20

24 735 ILCS 5/10-106 from Ch. 110, par. 10-106

25 735 ILCS 5/10-125 from Ch. 110, par. 10-125

26 735 ILCS 5/10-127 from Ch. 110, par. 10-127

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1 735 ILCS 5/10-135 from Ch. 110, par. 10-135

2 735 ILCS 5/10-136 from Ch. 110, par. 10-136

3 735 ILCS 5/21-103

4 740 ILCS 22/220

5 750 ILCS 60/223 from Ch. 40, par. 2312-23

6 750 ILCS 60/301 from Ch. 40, par. 2313-1

7 765 ILCS 1045/11 from Ch. 140, par. 111

8 775 ILCS 40/50

9 820 ILCS 405/602 from Ch. 48, par. 432

10 730 ILCS 5/3-6-7.1 rep.

11 730 ILCS 5/3-6-7.2 rep.

12 730 ILCS 5/3-6-7.3 rep.

13 730 ILCS 5/3-6-7.4 rep.

14 730 ILCS 125/17.6 rep.

15 730 ILCS 125/17.7 rep.

16 730 ILCS 125/17.8 rep.

17 730 ILCS 125/17.9 rep.

18 5 ILCS 120/2 from Ch. 102, par. 42

19 5 ILCS 140/7

20 5 ILCS 140/7.5

21 5 ILCS 350/1 from Ch. 127, par. 1301

22 20 ILCS 415/4c from Ch. 127, par. 63b104c

23 20 ILCS 2605/2605-50 was 20 ILCS 2605/55a-6

24 20 ILCS 2610/3 from Ch. 121, par. 307.3

25 20 ILCS 2610/6 from Ch. 121, par. 307.6

26 20 ILCS 2610/8 from Ch. 121, par. 307.8

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1 20 ILCS 2610/9 from Ch. 121, par. 307.9

2 20 ILCS 2610/6.5 rep.

3 20 ILCS 2610/11.5 rep.

4 20 ILCS 2610/11.6 rep.

5 20 ILCS 2610/12.6 rep.

6 20 ILCS 2610/12.7 rep.

7 20 ILCS 2610/40.1 rep.

8 20 ILCS 2610/46 rep.

9 50 ILCS 705/2 from Ch. 85, par. 502

10 50 ILCS 705/3 from Ch. 85, par. 503

11 50 ILCS 705/6 from Ch. 85, par. 506

12 50 ILCS 705/6.1

13 50 ILCS 705/7

14 50 ILCS 705/7.5

15 50 ILCS 705/8 from Ch. 85, par. 508

16 50 ILCS 705/8.1 from Ch. 85, par. 508.1

17 50 ILCS 705/8.2

18 50 ILCS 705/9 from Ch. 85, par. 509

19 50 ILCS 705/10 from Ch. 85, par. 510

20 50 ILCS 705/10.1 from Ch. 85, par. 510.1

21 50 ILCS 705/10.2

22 50 ILCS 705/10.3

23 50 ILCS 705/10.5-1 new

24 50 ILCS 705/10.11

25 50 ILCS 705/10.18

26 50 ILCS 705/10.19

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