Rep. Ryan Spain
Filed: 4/5/2022
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| 1 | AMENDMENT TO HOUSE BILL 1568
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| 2 | AMENDMENT NO. ______. Amend House Bill 1568, AS AMENDED, | ||||||
| 3 | by replacing everything after the enacting clause with the | ||||||
| 4 | following:
| ||||||
| 5 | "(5 ILCS 845/Act rep.) | ||||||
| 6 | Section 1. The Statewide Use of Force Standardization Act | ||||||
| 7 | is repealed.
| ||||||
| 8 | (730 ILCS 205/Act rep.) | ||||||
| 9 | Section 5. The No
Representation Without Population Act is | ||||||
| 10 | repealed.
| ||||||
| 11 | (730 ILCS 210/Act rep.) | ||||||
| 12 | Section 10. The Reporting of Deaths in Custody Act is | ||||||
| 13 | repealed.
| ||||||
| 14 | (20 ILCS 5165/Act rep.) | ||||||
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| |||||||
| 1 | Section 15. The Task Force on Constitutional Rights and | ||||||
| 2 | Remedies Act is repealed.
| ||||||
| 3 | (5 ILCS 70/1.43 rep.) | ||||||
| 4 | Section 20. The Statute on Statutes is amended by | ||||||
| 5 | repealing Section 1.43.
| ||||||
| 6 | Section 25. The Freedom of Information Act is amended by | ||||||
| 7 | changing Section 2.15 as follows:
| ||||||
| 8 | (5 ILCS 140/2.15) | ||||||
| 9 | Sec. 2.15. Arrest reports and criminal history records. | ||||||
| 10 | (a) Arrest reports. The following chronologically | ||||||
| 11 | maintained arrest and criminal history information maintained | ||||||
| 12 | by State or local criminal justice agencies shall be furnished | ||||||
| 13 | as soon as practical, but in no event later than 72 hours after | ||||||
| 14 | the arrest, notwithstanding the time limits otherwise provided | ||||||
| 15 | for in Section 3 of this Act: (i) information that identifies | ||||||
| 16 | the individual, including the name, age, address, and | ||||||
| 17 | photograph, when and if available; (ii) information detailing | ||||||
| 18 | any charges relating to the arrest; (iii) the time and | ||||||
| 19 | location of the arrest; (iv) the name of the investigating or | ||||||
| 20 | arresting law enforcement agency; (v) if the individual is | ||||||
| 21 | incarcerated, the conditions of pretrial release amount of any | ||||||
| 22 | bail or bond; and (vi) if the individual is incarcerated, the | ||||||
| 23 | time and date that the individual was received into, | ||||||
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| |||||||
| 1 | discharged from, or transferred from the arresting agency's | ||||||
| 2 | custody. | ||||||
| 3 | (b) Criminal history records. The following documents | ||||||
| 4 | maintained by a public body pertaining to
criminal history | ||||||
| 5 | record information are public records subject to inspection | ||||||
| 6 | and copying by the
public pursuant to this Act: (i) court | ||||||
| 7 | records that are public; (ii) records that are otherwise
| ||||||
| 8 | available under State or local law; and (iii) records in which | ||||||
| 9 | the requesting party is the individual
identified, except as | ||||||
| 10 | provided under Section 7(1)(d)(vi). | ||||||
| 11 | (c) Information described in items (iii) through (vi) of | ||||||
| 12 | subsection (a) may be withheld if it is
determined that | ||||||
| 13 | disclosure would: (i) interfere with pending or actually and | ||||||
| 14 | reasonably contemplated law enforcement proceedings conducted | ||||||
| 15 | by any law enforcement agency; (ii) endanger the life or | ||||||
| 16 | physical safety of law enforcement or correctional personnel | ||||||
| 17 | or any other person; or (iii) compromise the security of any | ||||||
| 18 | correctional facility. | ||||||
| 19 | (d) The provisions of this Section do not supersede the | ||||||
| 20 | confidentiality provisions for law enforcement or arrest | ||||||
| 21 | records of the Juvenile Court Act of 1987.
| ||||||
| 22 | (e) Notwithstanding the requirements of subsection (a), a | ||||||
| 23 | law enforcement agency may not publish booking photographs, | ||||||
| 24 | commonly known as "mugshots", on its social networking website | ||||||
| 25 | in connection with civil offenses, petty offenses, business | ||||||
| 26 | offenses, Class C misdemeanors, and Class B misdemeanors | ||||||
| |||||||
| |||||||
| 1 | unless the booking photograph is posted to the social | ||||||
| 2 | networking website to assist in the search for a missing | ||||||
| 3 | person or to assist in the search for a fugitive, person of | ||||||
| 4 | interest, or individual wanted in relation to a crime other | ||||||
| 5 | than a petty offense, business offense, Class C misdemeanor, | ||||||
| 6 | or Class B misdemeanor. As used in this subsection, "social | ||||||
| 7 | networking website" has the meaning provided in Section 10 of | ||||||
| 8 | the Right to Privacy in the Workplace Act. | ||||||
| 9 | (Source: P.A. 100-927, eff. 1-1-19; 101-433, eff. 8-20-19; | ||||||
| 10 | 101-652.)
| ||||||
| 11 | Section 30. The State Records Act is amended by changing | ||||||
| 12 | Section 4a as follows:
| ||||||
| 13 | (5 ILCS 160/4a)
| ||||||
| 14 | Sec. 4a. Arrest records and reports.
| ||||||
| 15 | (a) When an individual is arrested, the following | ||||||
| 16 | information must
be made available to the news media for | ||||||
| 17 | inspection and copying:
| ||||||
| 18 | (1) Information that identifies the individual,
| ||||||
| 19 | including the name, age, address, and photograph, when and | ||||||
| 20 | if available.
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| 21 | (2) Information detailing any charges relating to the | ||||||
| 22 | arrest.
| ||||||
| 23 | (3) The time and location of the arrest.
| ||||||
| 24 | (4) The name of the investigating or arresting law | ||||||
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| |||||||
| 1 | enforcement agency.
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| 2 | (5) If the individual is incarcerated, the conditions | ||||||
| 3 | of pretrial release amount of any bail
or bond.
| ||||||
| 4 | (6) If the individual is incarcerated, the time and | ||||||
| 5 | date that the
individual was received, discharged, or | ||||||
| 6 | transferred from the arresting
agency's custody.
| ||||||
| 7 | (b) The information required by this Section must be made | ||||||
| 8 | available to the
news media for inspection and copying as soon | ||||||
| 9 | as practicable, but in no event
shall the time period exceed 72 | ||||||
| 10 | hours from the arrest. The information
described in paragraphs | ||||||
| 11 | (3), (4), (5), and (6) of
subsection (a), however, may be | ||||||
| 12 | withheld if it is determined that disclosure
would:
| ||||||
| 13 | (1) interfere with pending or actually and reasonably | ||||||
| 14 | contemplated law
enforcement proceedings conducted by any | ||||||
| 15 | law enforcement or correctional
agency;
| ||||||
| 16 | (2) endanger the life or physical safety of law | ||||||
| 17 | enforcement or
correctional personnel or any other person; | ||||||
| 18 | or
| ||||||
| 19 | (3) compromise the security of any correctional | ||||||
| 20 | facility.
| ||||||
| 21 | (c) For the purposes of this Section, the term "news | ||||||
| 22 | media" means personnel
of a newspaper or other periodical | ||||||
| 23 | issued at regular intervals whether in
print or electronic | ||||||
| 24 | format, a news service whether in print or electronic
format, | ||||||
| 25 | a radio station, a television station, a television network, a
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| 26 | community antenna television service, or a person or | ||||||
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| |||||||
| 1 | corporation engaged in
making news reels or other motion | ||||||
| 2 | picture news for public showing.
| ||||||
| 3 | (d) Each law enforcement or correctional agency may charge | ||||||
| 4 | fees for arrest
records, but in no instance may the fee exceed | ||||||
| 5 | the actual cost of copying and
reproduction. The fees may not | ||||||
| 6 | include the cost of the labor used to reproduce
the arrest | ||||||
| 7 | record.
| ||||||
| 8 | (e) The provisions of this Section do not supersede the | ||||||
| 9 | confidentiality
provisions for arrest records of the Juvenile | ||||||
| 10 | Court Act of 1987.
| ||||||
| 11 | (f) All information, including photographs, made available | ||||||
| 12 | under this Section is subject to the provisions of Section | ||||||
| 13 | 2QQQ of the Consumer Fraud and Deceptive Business Practices | ||||||
| 14 | Act. | ||||||
| 15 | (g) Notwithstanding the requirements of subsection (a), a | ||||||
| 16 | law enforcement agency may not publish booking photographs, | ||||||
| 17 | commonly known as "mugshots", on its social networking website | ||||||
| 18 | in connection with civil offenses, petty offenses, business | ||||||
| 19 | offenses, Class C misdemeanors, and Class B misdemeanors | ||||||
| 20 | unless the booking photograph is posted to the social | ||||||
| 21 | networking website to assist in the search for a missing | ||||||
| 22 | person or to assist in the search for a fugitive, person of | ||||||
| 23 | interest, or individual wanted in relation to a crime other | ||||||
| 24 | than a petty offense, business offense, Class C misdemeanor, | ||||||
| 25 | or Class B misdemeanor. As used in this subsection, "social | ||||||
| 26 | networking website" has the meaning provided in Section 10 of | ||||||
| |||||||
| |||||||
| 1 | the Right to Privacy in the Workplace Act. | ||||||
| 2 | (Source: P.A. 101-433, eff. 8-20-19; 101-652.)
| ||||||
| 3 | Section 35. The Illinois Public Labor Relations Act is | ||||||
| 4 | amended by changing Section 14 as follows:
| ||||||
| 5 | (5 ILCS 315/14) (from Ch. 48, par. 1614)
| ||||||
| 6 | Sec. 14. Security employee, peace officer and fire fighter | ||||||
| 7 | disputes.
| ||||||
| 8 | (a) In the case of collective bargaining agreements | ||||||
| 9 | involving units of
security employees of a public employer, | ||||||
| 10 | Peace Officer Units, or units of
fire fighters or paramedics, | ||||||
| 11 | and in the case of disputes under Section 18,
unless the | ||||||
| 12 | parties mutually agree to some other time limit, mediation
| ||||||
| 13 | shall commence 30 days prior to the expiration date of such | ||||||
| 14 | agreement or
at such later time as the mediation services | ||||||
| 15 | chosen under subsection (b) of
Section 12 can be provided to | ||||||
| 16 | the parties. In the case of negotiations
for an initial | ||||||
| 17 | collective bargaining agreement, mediation shall commence
upon | ||||||
| 18 | 15 days notice from either party or at such later time as the
| ||||||
| 19 | mediation services chosen pursuant to subsection (b) of | ||||||
| 20 | Section 12 can be
provided to the parties. In mediation under | ||||||
| 21 | this Section, if either party
requests the use of mediation | ||||||
| 22 | services from the Federal Mediation and
Conciliation Service, | ||||||
| 23 | the other party shall either join in such request or
bear the | ||||||
| 24 | additional cost of mediation services from another source. The
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| |||||||
| 1 | mediator shall have a duty to keep the Board informed on the | ||||||
| 2 | progress of
the mediation. If any dispute has not been | ||||||
| 3 | resolved within 15 days after
the first meeting of the parties | ||||||
| 4 | and the mediator, or within such other
time limit as may be | ||||||
| 5 | mutually agreed upon by the parties, either the
exclusive | ||||||
| 6 | representative or employer may request of the other, in | ||||||
| 7 | writing,
arbitration, and shall submit a copy of the request | ||||||
| 8 | to the Board.
| ||||||
| 9 | (b) Within 10 days after such a request for arbitration | ||||||
| 10 | has been
made, the employer shall choose a delegate and
the | ||||||
| 11 | employees' exclusive representative shall choose a delegate to | ||||||
| 12 | a panel
of arbitration as provided in this Section. The | ||||||
| 13 | employer and employees
shall forthwith advise the other and | ||||||
| 14 | the Board of their selections.
| ||||||
| 15 | (c) Within 7 days after the request of either party, the | ||||||
| 16 | parties shall request a panel of impartial arbitrators from | ||||||
| 17 | which they shall select the neutral chairman according to the | ||||||
| 18 | procedures provided in this Section. If the parties have | ||||||
| 19 | agreed to a contract that contains a grievance resolution | ||||||
| 20 | procedure as provided in Section 8, the chairman shall be | ||||||
| 21 | selected using their agreed contract procedure unless they | ||||||
| 22 | mutually agree to another procedure. If the parties fail to | ||||||
| 23 | notify the Board of their selection of neutral chairman within | ||||||
| 24 | 7 days after receipt of the list of impartial arbitrators, the | ||||||
| 25 | Board shall appoint, at random, a neutral chairman from the | ||||||
| 26 | list. In the absence of an agreed contract procedure for | ||||||
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| |||||||
| 1 | selecting an impartial arbitrator, either party may request a | ||||||
| 2 | panel from the Board. Within 7 days of the request of either | ||||||
| 3 | party, the Board shall select
from the Public Employees Labor | ||||||
| 4 | Mediation Roster 7 persons who are on the
labor arbitration | ||||||
| 5 | panels of either the American Arbitration Association or
the | ||||||
| 6 | Federal Mediation and Conciliation Service, or who are members | ||||||
| 7 | of the
National Academy of Arbitrators, as nominees for
| ||||||
| 8 | impartial arbitrator of the arbitration panel. The parties may | ||||||
| 9 | select an
individual on the list provided by the Board or any | ||||||
| 10 | other individual
mutually agreed upon by the parties. Within 7 | ||||||
| 11 | days following the receipt
of the list, the parties shall | ||||||
| 12 | notify the Board of the person they have
selected. Unless the | ||||||
| 13 | parties agree on an alternate selection procedure,
they shall | ||||||
| 14 | alternatively strike one name from the list provided by the
| ||||||
| 15 | Board until only one name remains. A coin toss shall determine | ||||||
| 16 | which party
shall strike the first name. If the parties fail to | ||||||
| 17 | notify the Board in a
timely manner of their selection for | ||||||
| 18 | neutral chairman, the Board shall
appoint a neutral chairman | ||||||
| 19 | from the Illinois Public Employees
Mediation/Arbitration | ||||||
| 20 | Roster.
| ||||||
| 21 | (d) The chairman shall call a hearing to begin within 15 | ||||||
| 22 | days and give
reasonable notice of the time and place of the | ||||||
| 23 | hearing. The hearing
shall be held at the offices of the Board | ||||||
| 24 | or at such other location as the
Board deems appropriate. The | ||||||
| 25 | chairman shall preside over the hearing and
shall take | ||||||
| 26 | testimony. Any oral or documentary evidence and other data
| ||||||
| |||||||
| |||||||
| 1 | deemed relevant by the arbitration panel may be received in | ||||||
| 2 | evidence. The
proceedings shall be informal. Technical rules | ||||||
| 3 | of evidence shall not apply
and the competency of the evidence | ||||||
| 4 | shall not thereby be deemed impaired. A
verbatim record of the | ||||||
| 5 | proceedings shall be made and the arbitrator shall
arrange for | ||||||
| 6 | the necessary recording service. Transcripts may be ordered at
| ||||||
| 7 | the expense of the party ordering them, but the transcripts | ||||||
| 8 | shall not be
necessary for a decision by the arbitration | ||||||
| 9 | panel. The expense of the
proceedings, including a fee for the | ||||||
| 10 | chairman, shall be borne equally by each of the parties to the | ||||||
| 11 | dispute.
The delegates, if public officers or employees, shall | ||||||
| 12 | continue on the
payroll of the public employer without loss of | ||||||
| 13 | pay. The hearing conducted
by the arbitration panel may be | ||||||
| 14 | adjourned from time to time, but unless
otherwise agreed by | ||||||
| 15 | the parties, shall be concluded within 30 days of the
time of | ||||||
| 16 | its commencement. Majority actions and rulings shall | ||||||
| 17 | constitute
the actions and rulings of the arbitration panel. | ||||||
| 18 | Arbitration proceedings
under this Section shall not be | ||||||
| 19 | interrupted or terminated by reason of any
unfair labor | ||||||
| 20 | practice charge filed by either party at any time.
| ||||||
| 21 | (e) The arbitration panel may administer oaths, require | ||||||
| 22 | the attendance
of witnesses, and the production of such books, | ||||||
| 23 | papers, contracts, agreements
and documents as may be deemed | ||||||
| 24 | by it material to a just determination of
the issues in | ||||||
| 25 | dispute, and for such purpose may issue subpoenas. If any
| ||||||
| 26 | person refuses to obey a subpoena, or refuses to be sworn or to | ||||||
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| 1 | testify,
or if any witness, party or attorney is guilty of any | ||||||
| 2 | contempt while in
attendance at any hearing, the arbitration | ||||||
| 3 | panel may, or the attorney general
if requested shall, invoke | ||||||
| 4 | the aid of any circuit court within the jurisdiction
in which | ||||||
| 5 | the hearing is being held, which court shall issue an | ||||||
| 6 | appropriate
order. Any failure to obey the order may be | ||||||
| 7 | punished by the court as contempt.
| ||||||
| 8 | (f) At any time before the rendering of an award, the | ||||||
| 9 | chairman of the
arbitration panel, if he is of the opinion that | ||||||
| 10 | it would be useful or
beneficial to do so, may remand the | ||||||
| 11 | dispute to the parties for further
collective bargaining for a | ||||||
| 12 | period not to exceed 2 weeks. If the dispute
is remanded for | ||||||
| 13 | further collective bargaining the time provisions of this
Act | ||||||
| 14 | shall be extended for a time period equal to that of the | ||||||
| 15 | remand. The
chairman of the panel of arbitration shall notify | ||||||
| 16 | the Board of the remand.
| ||||||
| 17 | (g) At or before the conclusion of the hearing held | ||||||
| 18 | pursuant to subsection
(d), the arbitration panel shall | ||||||
| 19 | identify the economic issues in dispute,
and direct each of | ||||||
| 20 | the parties to submit, within such time limit as the
panel | ||||||
| 21 | shall prescribe, to the arbitration panel and to each other | ||||||
| 22 | its last
offer of settlement on each economic issue. The | ||||||
| 23 | determination of the
arbitration panel as to the issues in | ||||||
| 24 | dispute and as to which of these
issues are economic shall be | ||||||
| 25 | conclusive. The arbitration panel, within 30
days after the | ||||||
| 26 | conclusion of the hearing, or such further additional
periods | ||||||
| |||||||
| |||||||
| 1 | to which the parties may agree, shall make written findings of | ||||||
| 2 | fact
and promulgate a written opinion and shall mail or | ||||||
| 3 | otherwise deliver a true
copy thereof to the parties and their | ||||||
| 4 | representatives and to the Board. As
to each economic issue, | ||||||
| 5 | the arbitration panel shall adopt the last offer of
settlement | ||||||
| 6 | which, in the opinion of the arbitration panel, more nearly
| ||||||
| 7 | complies with the applicable factors prescribed in subsection | ||||||
| 8 | (h). The
findings, opinions and order as to all other issues | ||||||
| 9 | shall be based upon the
applicable factors prescribed in | ||||||
| 10 | subsection (h).
| ||||||
| 11 | (h) Where there is no agreement between the parties, or | ||||||
| 12 | where there is
an agreement but the parties have begun | ||||||
| 13 | negotiations or discussions looking
to a new agreement or | ||||||
| 14 | amendment of the existing agreement, and wage rates
or other | ||||||
| 15 | conditions of employment under the proposed new or amended | ||||||
| 16 | agreement
are in dispute, the arbitration panel shall base its | ||||||
| 17 | findings, opinions
and order upon the following factors, as | ||||||
| 18 | applicable:
| ||||||
| 19 | (1) The lawful authority of the employer.
| ||||||
| 20 | (2) Stipulations of the parties.
| ||||||
| 21 | (3) The interests and welfare of the public and the | ||||||
| 22 | financial ability
of the unit of government to meet those | ||||||
| 23 | costs.
| ||||||
| 24 | (4) Comparison of the wages, hours and conditions of | ||||||
| 25 | employment of the
employees involved in the arbitration | ||||||
| 26 | proceeding with the wages, hours and
conditions of | ||||||
| |||||||
| |||||||
| 1 | employment of other employees performing similar services
| ||||||
| 2 | and with other employees generally:
| ||||||
| 3 | (A) In public employment in comparable | ||||||
| 4 | communities.
| ||||||
| 5 | (B) In private employment in comparable | ||||||
| 6 | communities.
| ||||||
| 7 | (5) The average consumer prices for goods and | ||||||
| 8 | services, commonly known
as the cost of living.
| ||||||
| 9 | (6) The overall compensation presently received by the | ||||||
| 10 | employees,
including
direct wage compensation, vacations, | ||||||
| 11 | holidays and other excused time, insurance
and pensions, | ||||||
| 12 | medical and hospitalization benefits, the continuity and
| ||||||
| 13 | stability of employment and all other benefits received.
| ||||||
| 14 | (7) Changes in any of the foregoing circumstances | ||||||
| 15 | during the pendency
of the arbitration proceedings.
| ||||||
| 16 | (8) Such other factors, not confined to the foregoing, | ||||||
| 17 | which are normally
or traditionally taken into | ||||||
| 18 | consideration in the determination of wages,
hours and | ||||||
| 19 | conditions of employment through voluntary collective | ||||||
| 20 | bargaining,
mediation, fact-finding, arbitration or | ||||||
| 21 | otherwise between the parties, in
the public service or in | ||||||
| 22 | private employment.
| ||||||
| 23 | (i) In the case of peace officers, the arbitration | ||||||
| 24 | decision shall be
limited to wages, hours, and conditions of | ||||||
| 25 | employment (which may include
residency requirements in | ||||||
| 26 | municipalities with a population under 100,000 1,000,000, but
| ||||||
| |||||||
| |||||||
| 1 | those residency requirements shall not allow residency outside | ||||||
| 2 | of Illinois)
and shall not include
the following: i) residency | ||||||
| 3 | requirements in municipalities with a population
of at least | ||||||
| 4 | 100,000 1,000,000; ii) the type of equipment, other
than | ||||||
| 5 | uniforms, issued or used; iii) manning; iv) the total number | ||||||
| 6 | of
employees employed by the department; v) mutual aid and | ||||||
| 7 | assistance
agreements to other units of government; and vi) | ||||||
| 8 | the criterion pursuant to
which force, including deadly force, | ||||||
| 9 | can be used; provided, nothing herein
shall preclude an | ||||||
| 10 | arbitration decision regarding equipment or manning
levels if | ||||||
| 11 | such decision is based on a finding that the equipment or | ||||||
| 12 | manning
considerations in a specific work assignment involve a | ||||||
| 13 | serious risk to the
safety of a peace officer beyond that which | ||||||
| 14 | is inherent in the normal
performance of police duties. | ||||||
| 15 | Limitation of the terms of the arbitration
decision pursuant | ||||||
| 16 | to this subsection shall not be construed to limit the
factors | ||||||
| 17 | upon which the decision may be based, as set forth in | ||||||
| 18 | subsection (h).
| ||||||
| 19 | In the case of fire fighter, and fire department or fire | ||||||
| 20 | district paramedic
matters, the arbitration decision shall be | ||||||
| 21 | limited to wages, hours, and
conditions of employment | ||||||
| 22 | (including manning and also including residency requirements | ||||||
| 23 | in
municipalities with a population under 1,000,000, but those | ||||||
| 24 | residency
requirements shall not allow residency outside of | ||||||
| 25 | Illinois) and shall not
include the
following matters: i) | ||||||
| 26 | residency requirements in municipalities with a
population of | ||||||
| |||||||
| |||||||
| 1 | at least 1,000,000; ii) the type of equipment (other than
| ||||||
| 2 | uniforms and fire fighter turnout gear) issued or used; iii) | ||||||
| 3 | the total
number of employees employed by the department; iv) | ||||||
| 4 | mutual aid and
assistance agreements to other units of | ||||||
| 5 | government; and v) the criterion
pursuant to which force, | ||||||
| 6 | including deadly force, can be used; provided,
however, | ||||||
| 7 | nothing herein shall preclude an arbitration decision | ||||||
| 8 | regarding
equipment levels if such decision is based on a | ||||||
| 9 | finding that the equipment
considerations in a specific work | ||||||
| 10 | assignment involve a serious risk to the
safety of a fire | ||||||
| 11 | fighter beyond that which is inherent in the normal
| ||||||
| 12 | performance of fire fighter duties. Limitation of the terms of | ||||||
| 13 | the
arbitration decision pursuant to this subsection shall not | ||||||
| 14 | be construed to
limit the facts upon which the decision may be | ||||||
| 15 | based, as set forth in
subsection (h).
| ||||||
| 16 | The changes to this subsection (i) made by Public Act | ||||||
| 17 | 90-385 (relating to residency requirements) do not
apply to | ||||||
| 18 | persons who are employed by a combined department that | ||||||
| 19 | performs both
police and firefighting services; these persons | ||||||
| 20 | shall be governed by the
provisions of this subsection (i) | ||||||
| 21 | relating to peace officers, as they existed
before the | ||||||
| 22 | amendment by Public Act 90-385.
| ||||||
| 23 | To preserve historical bargaining rights, this subsection | ||||||
| 24 | shall not apply
to any provision of a fire fighter collective | ||||||
| 25 | bargaining agreement in effect
and applicable on the effective | ||||||
| 26 | date of this Act; provided, however, nothing
herein shall | ||||||
| |||||||
| |||||||
| 1 | preclude arbitration with respect to any such provision.
| ||||||
| 2 | (j) Arbitration procedures shall be deemed to be initiated | ||||||
| 3 | by the
filing of a letter requesting mediation as required | ||||||
| 4 | under subsection (a)
of this Section. The commencement of a | ||||||
| 5 | new municipal fiscal year after the
initiation of arbitration | ||||||
| 6 | procedures under this Act, but before the
arbitration | ||||||
| 7 | decision, or its enforcement, shall not be deemed to render a
| ||||||
| 8 | dispute moot, or to otherwise impair the jurisdiction or | ||||||
| 9 | authority of the
arbitration panel or its decision. Increases | ||||||
| 10 | in rates
of compensation awarded by the arbitration panel may | ||||||
| 11 | be effective only at
the start of the fiscal year next | ||||||
| 12 | commencing after the date of the arbitration
award. If a new | ||||||
| 13 | fiscal year has commenced either since the initiation of
| ||||||
| 14 | arbitration procedures under this Act or since any mutually | ||||||
| 15 | agreed
extension of the statutorily required period of | ||||||
| 16 | mediation
under this Act by the parties to the labor dispute | ||||||
| 17 | causing a
delay in the initiation of arbitration, the | ||||||
| 18 | foregoing limitations shall be
inapplicable, and such awarded | ||||||
| 19 | increases may be retroactive to the
commencement of the fiscal | ||||||
| 20 | year, any other statute or charter provisions to
the contrary, | ||||||
| 21 | notwithstanding. At any time the parties, by stipulation, may
| ||||||
| 22 | amend or modify an award of arbitration.
| ||||||
| 23 | (k) Orders of the arbitration panel shall be reviewable, | ||||||
| 24 | upon
appropriate petition by either the public employer or the | ||||||
| 25 | exclusive
bargaining representative, by the circuit court for | ||||||
| 26 | the county in which the
dispute arose or in which a majority of | ||||||
| |||||||
| |||||||
| 1 | the affected employees reside, but
only for reasons that the | ||||||
| 2 | arbitration panel was without or exceeded its
statutory | ||||||
| 3 | authority; the order is arbitrary, or capricious; or the order
| ||||||
| 4 | was procured by fraud, collusion or other similar and unlawful | ||||||
| 5 | means. Such
petitions for review must be filed with the | ||||||
| 6 | appropriate circuit court
within 90 days following the | ||||||
| 7 | issuance of the arbitration order. The
pendency of such | ||||||
| 8 | proceeding for review shall not automatically stay the
order | ||||||
| 9 | of the arbitration panel. The party against whom the final | ||||||
| 10 | decision
of any such court shall be adverse, if such court | ||||||
| 11 | finds such appeal or
petition to be frivolous, shall pay | ||||||
| 12 | reasonable attorneys' fees and costs to
the successful party | ||||||
| 13 | as determined by said court in its discretion. If said
court's | ||||||
| 14 | decision affirms the award of money, such award, if | ||||||
| 15 | retroactive,
shall bear interest at the rate of 12 percent per | ||||||
| 16 | annum from the effective
retroactive date.
| ||||||
| 17 | (l) During the pendency of proceedings before the | ||||||
| 18 | arbitration panel,
existing wages, hours, and other conditions | ||||||
| 19 | of employment shall not be
changed by action of either party | ||||||
| 20 | without the consent of the other but a
party may so consent | ||||||
| 21 | without prejudice to his rights or position under
this Act. | ||||||
| 22 | The proceedings are deemed to be pending before the | ||||||
| 23 | arbitration
panel upon the initiation of arbitration | ||||||
| 24 | procedures under this Act.
| ||||||
| 25 | (m) Security officers of public employers, and Peace | ||||||
| 26 | Officers, Fire
Fighters and fire department and fire | ||||||
| |||||||
| |||||||
| 1 | protection district paramedics,
covered by this Section may | ||||||
| 2 | not withhold services, nor may public employers
lock out or | ||||||
| 3 | prevent such employees from performing services at any time.
| ||||||
| 4 | (n) All of the terms decided upon by the arbitration panel | ||||||
| 5 | shall be included
in an agreement to be submitted to the public | ||||||
| 6 | employer's governing body
for ratification and adoption by | ||||||
| 7 | law, ordinance or the equivalent
appropriate means.
| ||||||
| 8 | The governing body shall review each term decided by the | ||||||
| 9 | arbitration panel.
If the governing body fails to reject one | ||||||
| 10 | or more terms of the
arbitration panel's decision by a 3/5 vote | ||||||
| 11 | of those duly elected and
qualified members of the governing | ||||||
| 12 | body, within 20 days of issuance, or
in the case of | ||||||
| 13 | firefighters employed by a state university, at the next
| ||||||
| 14 | regularly scheduled meeting of the governing body after | ||||||
| 15 | issuance, such
term or terms shall become a part of the | ||||||
| 16 | collective bargaining agreement of
the parties. If the | ||||||
| 17 | governing body affirmatively rejects one or more terms
of the | ||||||
| 18 | arbitration panel's decision, it must provide reasons for such
| ||||||
| 19 | rejection with respect to each term so rejected, within 20 | ||||||
| 20 | days of such
rejection and the parties shall return to the | ||||||
| 21 | arbitration panel
for further proceedings and issuance of a | ||||||
| 22 | supplemental decision with respect
to the rejected terms. Any | ||||||
| 23 | supplemental decision by an arbitration panel
or other | ||||||
| 24 | decision maker agreed to by the parties shall be submitted to
| ||||||
| 25 | the governing body for ratification and adoption in accordance | ||||||
| 26 | with the
procedures and voting requirements set forth in this | ||||||
| |||||||
| |||||||
| 1 | Section.
The voting requirements of this subsection shall | ||||||
| 2 | apply to all disputes
submitted to arbitration pursuant to | ||||||
| 3 | this Section notwithstanding any
contrary voting requirements | ||||||
| 4 | contained in any existing collective
bargaining agreement | ||||||
| 5 | between the parties.
| ||||||
| 6 | (o) If the governing body of the employer votes to reject | ||||||
| 7 | the panel's
decision, the parties shall return to the panel | ||||||
| 8 | within 30 days from the
issuance of the reasons for rejection | ||||||
| 9 | for further proceedings and issuance
of a supplemental | ||||||
| 10 | decision. All reasonable costs of such supplemental
proceeding | ||||||
| 11 | including the exclusive representative's reasonable attorney's
| ||||||
| 12 | fees, as established by the Board, shall be paid by the | ||||||
| 13 | employer.
| ||||||
| 14 | (p) Notwithstanding the provisions of this Section the | ||||||
| 15 | employer and
exclusive representative may agree to submit | ||||||
| 16 | unresolved disputes concerning
wages, hours, terms and | ||||||
| 17 | conditions of employment to an alternative form of
impasse | ||||||
| 18 | resolution.
| ||||||
| 19 | (Source: P.A. 101-652, eff. 7-1-21.)
| ||||||
| 20 | Section 40. The Community-Law Enforcement and Other First | ||||||
| 21 | Responder Partnership for Deflection and Substance Use | ||||||
| 22 | Disorder Treatment Act is amended by changing Sections 1, 5, | ||||||
| 23 | 10, 15, 20, 30, and 35 as follows:
| ||||||
| 24 | (5 ILCS 820/1)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 1. Short title. This Act may be cited as the | ||||||
| 2 | Community-Law Enforcement and Other First Responder | ||||||
| 3 | Partnership for Deflection and Substance Use Disorder | ||||||
| 4 | Treatment Act.
| ||||||
| 5 | (Source: P.A. 100-1025, eff. 1-1-19; 101-652.)
| ||||||
| 6 | (5 ILCS 820/5)
| ||||||
| 7 | Sec. 5. Purposes. The General Assembly hereby acknowledges | ||||||
| 8 | that opioid use disorders, overdoses, and deaths in Illinois | ||||||
| 9 | are persistent and growing concerns for Illinois communities. | ||||||
| 10 | These concerns compound existing challenges to adequately | ||||||
| 11 | address and manage substance use and mental health disorders. | ||||||
| 12 | Law enforcement officers, other first responders, and | ||||||
| 13 | co-responders have a unique opportunity to facilitate | ||||||
| 14 | connections to community-based behavioral health interventions | ||||||
| 15 | that provide substance use treatment and can help save and | ||||||
| 16 | restore lives; help reduce drug use, overdose incidence, | ||||||
| 17 | criminal offending, and recidivism; and help prevent arrest | ||||||
| 18 | and conviction records that destabilize health, families, and | ||||||
| 19 | opportunities for community citizenship and self-sufficiency. | ||||||
| 20 | These efforts are bolstered when pursued in partnership with | ||||||
| 21 | licensed behavioral health treatment providers and community | ||||||
| 22 | members or organizations. It is the intent of the General | ||||||
| 23 | Assembly to authorize law enforcement and other first | ||||||
| 24 | responders to develop and implement collaborative deflection | ||||||
| 25 | programs in Illinois that offer immediate pathways to | ||||||
| |||||||
| |||||||
| 1 | substance use treatment and other services as an alternative | ||||||
| 2 | to traditional case processing and involvement in the criminal | ||||||
| 3 | justice system, and to unnecessary admission to emergency | ||||||
| 4 | departments.
| ||||||
| 5 | (Source: P.A. 100-1025, eff. 1-1-19; 101-652.)
| ||||||
| 6 | (5 ILCS 820/10)
| ||||||
| 7 | Sec. 10. Definitions. In this Act:
| ||||||
| 8 | "Case management" means those services which will assist | ||||||
| 9 | persons in gaining access to needed social, educational, | ||||||
| 10 | medical, substance use and mental health treatment, and other | ||||||
| 11 | services.
| ||||||
| 12 | "Community member or organization" means an individual | ||||||
| 13 | volunteer, resident, public office, or a not-for-profit | ||||||
| 14 | organization, religious institution, charitable organization, | ||||||
| 15 | or other public body committed to the improvement of | ||||||
| 16 | individual and family mental and physical well-being and the | ||||||
| 17 | overall social welfare of the community, and may include | ||||||
| 18 | persons with lived experience in recovery from substance use | ||||||
| 19 | disorder, either themselves or as family members.
| ||||||
| 20 | "Other first responder" means and includes emergency | ||||||
| 21 | medical services providers that are public units of | ||||||
| 22 | government, fire departments and districts, and officials and | ||||||
| 23 | responders representing and employed by these entities. | ||||||
| 24 | "Deflection program" means a program in which a peace | ||||||
| 25 | officer or member of a law enforcement agency or other first | ||||||
| |||||||
| |||||||
| 1 | responder facilitates contact between an individual and a | ||||||
| 2 | licensed substance use treatment provider or clinician for | ||||||
| 3 | assessment and coordination of treatment planning, including | ||||||
| 4 | co-responder approaches that incorporate behavioral health, | ||||||
| 5 | peer, or social work professionals with law enforcement or | ||||||
| 6 | other first responders at the scene. This facilitation | ||||||
| 7 | includes defined criteria for eligibility and communication | ||||||
| 8 | protocols agreed to by the law enforcement agency or other | ||||||
| 9 | first responder entity and the licensed treatment provider for | ||||||
| 10 | the purpose of providing substance use treatment to those | ||||||
| 11 | persons in lieu of arrest or further justice system | ||||||
| 12 | involvement, or unnecessary admissions to the emergency | ||||||
| 13 | department. Deflection programs may include, but are not | ||||||
| 14 | limited to, the following types of responses: | ||||||
| 15 | (1) a post-overdose deflection response initiated by a | ||||||
| 16 | peace officer or law enforcement agency subsequent to | ||||||
| 17 | emergency administration of medication to reverse an | ||||||
| 18 | overdose, or in cases of severe substance use disorder | ||||||
| 19 | with acute risk for overdose;
| ||||||
| 20 | (2) a self-referral deflection response initiated by | ||||||
| 21 | an individual by contacting a peace officer or law | ||||||
| 22 | enforcement agency or other first responder in the | ||||||
| 23 | acknowledgment of their substance use or disorder;
| ||||||
| 24 | (3) an active outreach deflection response initiated | ||||||
| 25 | by a peace officer or law enforcement agency or other | ||||||
| 26 | first responder as a result of proactive identification of | ||||||
| |||||||
| |||||||
| 1 | persons thought likely to have a substance use disorder;
| ||||||
| 2 | (4) an officer or other first responder prevention | ||||||
| 3 | deflection response initiated by a peace officer or law | ||||||
| 4 | enforcement agency in response to a community call when no | ||||||
| 5 | criminal charges are present; and | ||||||
| 6 | (5) an officer intervention deflection response when | ||||||
| 7 | criminal charges are present but held in abeyance pending | ||||||
| 8 | engagement with treatment.
| ||||||
| 9 | "Law enforcement agency" means a municipal police | ||||||
| 10 | department or county sheriff's office of this State, the | ||||||
| 11 | Illinois State Police, or other law enforcement agency whose | ||||||
| 12 | officers, by statute, are granted and authorized to exercise | ||||||
| 13 | powers similar to those conferred upon any peace officer | ||||||
| 14 | employed by a law enforcement agency of this State.
| ||||||
| 15 | "Licensed treatment provider" means an organization | ||||||
| 16 | licensed by the Department of Human Services to perform an | ||||||
| 17 | activity or service, or a coordinated range of those | ||||||
| 18 | activities or services, as the Department of Human Services | ||||||
| 19 | may establish by rule, such as the broad range of emergency, | ||||||
| 20 | outpatient, intensive outpatient, and residential services and | ||||||
| 21 | care, including assessment, diagnosis, case management, | ||||||
| 22 | medical, psychiatric, psychological and social services, | ||||||
| 23 | medication-assisted treatment, care and counseling, and | ||||||
| 24 | recovery support, which may be extended to persons to assess | ||||||
| 25 | or treat substance use disorder or to families of those | ||||||
| 26 | persons.
| ||||||
| |||||||
| |||||||
| 1 | "Peace officer" means any peace officer or member of any | ||||||
| 2 | duly organized State, county, or municipal peace officer unit, | ||||||
| 3 | any police force of another State, or any police force whose | ||||||
| 4 | members, by statute, are granted and authorized to exercise | ||||||
| 5 | powers similar to those conferred upon any peace officer | ||||||
| 6 | employed by a law enforcement agency of this State.
| ||||||
| 7 | "Substance use disorder" means a pattern of use of alcohol | ||||||
| 8 | or other drugs leading to clinical or functional impairment, | ||||||
| 9 | in accordance with the definition in the Diagnostic and | ||||||
| 10 | Statistical Manual of Mental Disorders (DSM-5), or in any | ||||||
| 11 | subsequent editions.
| ||||||
| 12 | "Treatment" means the broad range of emergency, | ||||||
| 13 | outpatient, intensive outpatient, and residential services and | ||||||
| 14 | care (including assessment, diagnosis, case management, | ||||||
| 15 | medical, psychiatric, psychological and social services, | ||||||
| 16 | medication-assisted treatment, care and counseling, and | ||||||
| 17 | recovery support) which may be extended to persons who have | ||||||
| 18 | substance use disorders, persons with mental illness, or | ||||||
| 19 | families of those persons.
| ||||||
| 20 | (Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21; | ||||||
| 21 | revised 10-6-21.)
| ||||||
| 22 | (5 ILCS 820/15)
| ||||||
| 23 | Sec. 15. Authorization.
| ||||||
| 24 | (a) Any law enforcement agency or other first responder | ||||||
| 25 | entity may establish a deflection program subject to the | ||||||
| |||||||
| |||||||
| 1 | provisions of this Act in partnership with one or more | ||||||
| 2 | licensed providers of substance use disorder treatment | ||||||
| 3 | services and one or more community members or organizations.
| ||||||
| 4 | Programs established by another first responder entity shall | ||||||
| 5 | also include a law enforcement agency. | ||||||
| 6 | (b) The deflection program may involve a post-overdose | ||||||
| 7 | deflection response, a self-referral deflection response, an | ||||||
| 8 | active outreach deflection response, an officer or other first | ||||||
| 9 | responder prevention deflection response, or an officer | ||||||
| 10 | intervention deflection response, or any combination of those.
| ||||||
| 11 | (c) Nothing shall preclude the General Assembly from | ||||||
| 12 | adding other responses to a deflection program, or preclude a | ||||||
| 13 | law enforcement agency or other first responder entity from | ||||||
| 14 | developing a deflection program response based on a model | ||||||
| 15 | unique and responsive to local issues, substance use or mental | ||||||
| 16 | health needs, and partnerships, using sound and promising or | ||||||
| 17 | evidence-based practices.
| ||||||
| 18 | (c-5) Whenever appropriate and available, case management | ||||||
| 19 | should be provided by a licensed treatment provider or other | ||||||
| 20 | appropriate provider and may include peer recovery support | ||||||
| 21 | approaches. | ||||||
| 22 | (d) To receive funding for activities as described in | ||||||
| 23 | Section 35 of this Act, planning for the deflection program | ||||||
| 24 | shall include:
| ||||||
| 25 | (1) the involvement of one or more licensed treatment | ||||||
| 26 | programs and one or more community members or | ||||||
| |||||||
| |||||||
| 1 | organizations; and
| ||||||
| 2 | (2) an agreement with the Illinois Criminal Justice | ||||||
| 3 | Information Authority to collect and evaluate relevant | ||||||
| 4 | statistical data related to the program, as established by | ||||||
| 5 | the Illinois Criminal Justice Information Authority in | ||||||
| 6 | paragraph (2) of subsection (a) of Section 25 of this Act. | ||||||
| 7 | (3) an agreement with participating licensed treatment | ||||||
| 8 | providers authorizing the release of statistical data to | ||||||
| 9 | the Illinois Criminal Justice Information Authority, in | ||||||
| 10 | compliance with State and Federal law, as established by | ||||||
| 11 | the Illinois Criminal Justice Information Authority in | ||||||
| 12 | paragraph (2) of subsection (a) of Section 25 of this Act.
| ||||||
| 13 | (Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19; | ||||||
| 14 | 101-652.)
| ||||||
| 15 | (5 ILCS 820/20)
| ||||||
| 16 | Sec. 20. Procedure. The law enforcement agency or other | ||||||
| 17 | first responder entity, licensed treatment providers, and | ||||||
| 18 | community members or organizations shall establish a local | ||||||
| 19 | deflection program plan that includes protocols and procedures | ||||||
| 20 | for participant identification, screening or assessment, | ||||||
| 21 | treatment facilitation, reporting, and ongoing involvement of | ||||||
| 22 | the law enforcement agency. Licensed substance use disorder | ||||||
| 23 | treatment organizations shall adhere to 42 CFR Part 2 | ||||||
| 24 | regarding confidentiality regulations for information exchange | ||||||
| 25 | or release. Substance use disorder treatment services shall | ||||||
| |||||||
| |||||||
| 1 | adhere to all regulations specified in Department of Human | ||||||
| 2 | Services Administrative Rules, Parts 2060 and 2090.
| ||||||
| 3 | (Source: P.A. 100-1025, eff. 1-1-19; 101-652.)
| ||||||
| 4 | (5 ILCS 820/30)
| ||||||
| 5 | Sec. 30. Exemption from civil liability. The law | ||||||
| 6 | enforcement agency or peace officer or other first responder | ||||||
| 7 | acting in good faith shall not, as the result of acts or | ||||||
| 8 | omissions in providing services under Section 15 of this Act, | ||||||
| 9 | be liable for civil damages, unless the acts or omissions | ||||||
| 10 | constitute willful and wanton misconduct.
| ||||||
| 11 | (Source: P.A. 100-1025, eff. 1-1-19; 101-652.)
| ||||||
| 12 | (5 ILCS 820/35)
| ||||||
| 13 | Sec. 35. Funding.
| ||||||
| 14 | (a) The General Assembly may appropriate funds to the | ||||||
| 15 | Illinois Criminal Justice Information Authority for the | ||||||
| 16 | purpose of funding law enforcement agencies or other first | ||||||
| 17 | responder entities for services provided by deflection program | ||||||
| 18 | partners as part of deflection programs subject to subsection | ||||||
| 19 | (d) of Section 15 of this Act.
| ||||||
| 20 | (a.1) Up to 10 percent of appropriated funds may be | ||||||
| 21 | expended on activities related to knowledge dissemination, | ||||||
| 22 | training, technical assistance, or other similar activities | ||||||
| 23 | intended to increase practitioner and public awareness of | ||||||
| 24 | deflection and/or to support its implementation. The Illinois | ||||||
| |||||||
| |||||||
| 1 | Criminal Justice Information Authority may adopt guidelines | ||||||
| 2 | and requirements to direct the distribution of funds for these | ||||||
| 3 | activities. | ||||||
| 4 | (b) For all appropriated funds not distributed under | ||||||
| 5 | subsection a.1, the The Illinois Criminal Justice Information | ||||||
| 6 | Authority may adopt guidelines and requirements to direct the | ||||||
| 7 | distribution of funds for expenses related to deflection | ||||||
| 8 | programs. Funding shall be made available to support both new | ||||||
| 9 | and existing deflection programs in a broad spectrum of | ||||||
| 10 | geographic regions in this State, including urban, suburban, | ||||||
| 11 | and rural communities. Funding for deflection programs shall | ||||||
| 12 | be prioritized for communities that have been impacted by the | ||||||
| 13 | war on drugs, communities that have a police/community | ||||||
| 14 | relations issue, and communities that have a disproportionate | ||||||
| 15 | lack of access to mental health and drug treatment. Activities | ||||||
| 16 | eligible for funding under this Act may include, but are not | ||||||
| 17 | limited to, the following:
| ||||||
| 18 | (1) activities related to program administration, | ||||||
| 19 | coordination, or management, including, but not limited | ||||||
| 20 | to, the development of collaborative partnerships with | ||||||
| 21 | licensed treatment providers and community members or | ||||||
| 22 | organizations; collection of program data; or monitoring | ||||||
| 23 | of compliance with a local deflection program plan;
| ||||||
| 24 | (2) case management including case management provided | ||||||
| 25 | prior to assessment, diagnosis, and engagement in | ||||||
| 26 | treatment, as well as assistance navigating and gaining | ||||||
| |||||||
| |||||||
| 1 | access to various treatment modalities and support | ||||||
| 2 | services;
| ||||||
| 3 | (3) peer recovery or recovery support services that | ||||||
| 4 | include the perspectives of persons with the experience of | ||||||
| 5 | recovering from a substance use disorder, either | ||||||
| 6 | themselves or as family members;
| ||||||
| 7 | (4) transportation to a licensed treatment provider or | ||||||
| 8 | other program partner location; | ||||||
| 9 | (5) program evaluation activities. | ||||||
| 10 | (6) naloxone and related supplies necessary for | ||||||
| 11 | carrying out overdose reversal for purposes of | ||||||
| 12 | distribution to program participants or for use by law | ||||||
| 13 | enforcement or other first responders; and | ||||||
| 14 | (7) treatment necessary to prevent gaps in service | ||||||
| 15 | delivery between linkage and coverage by other funding | ||||||
| 16 | sources when otherwise non-reimbursable. | ||||||
| 17 | (c) Specific linkage agreements with recovery support | ||||||
| 18 | services or self-help entities may be a requirement of the | ||||||
| 19 | program services protocols. All deflection programs shall | ||||||
| 20 | encourage the involvement of key family members and | ||||||
| 21 | significant others as a part of a family-based approach to | ||||||
| 22 | treatment. All deflection programs are encouraged to use | ||||||
| 23 | evidence-based practices and outcome measures in the provision | ||||||
| 24 | of substance use disorder treatment and medication-assisted | ||||||
| 25 | treatment for persons with opioid use disorders.
| ||||||
| 26 | (Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19; | ||||||
| |||||||
| |||||||
| 1 | 101-652.)
| ||||||
| 2 | (5 ILCS 820/21 rep.) | ||||||
| 3 | Section 45. The Community-Law Enforcement Partnership for | ||||||
| 4 | Deflection and Substance Use Disorder Treatment Act is amended | ||||||
| 5 | by repealing Section 21.
| ||||||
| 6 | (15 ILCS 205/10 rep.) | ||||||
| 7 | Section 50. The Attorney General Act is amended by | ||||||
| 8 | repealing Section 10.
| ||||||
| 9 | Section 55. The Department of State Police Law of the
| ||||||
| 10 | Civil Administrative Code of Illinois is amended by changing | ||||||
| 11 | Section 2605-302 as follows:
| ||||||
| 12 | (20 ILCS 2605/2605-302) (was 20 ILCS 2605/55a in part)
| ||||||
| 13 | Sec. 2605-302. Arrest reports.
| ||||||
| 14 | (a) When an individual is arrested, the
following | ||||||
| 15 | information must be made available to the news media for | ||||||
| 16 | inspection
and copying:
| ||||||
| 17 | (1) Information that identifies the individual,
| ||||||
| 18 | including the name, age, address, and photograph, when and | ||||||
| 19 | if available.
| ||||||
| 20 | (2) Information detailing any charges relating to the | ||||||
| 21 | arrest.
| ||||||
| 22 | (3) The time and location of the arrest.
| ||||||
| |||||||
| |||||||
| 1 | (4) The name of the investigating or arresting law | ||||||
| 2 | enforcement
agency.
| ||||||
| 3 | (5) If the individual is incarcerated, the conditions | ||||||
| 4 | of pretrial release amount of any
bail or bond.
| ||||||
| 5 | (6) If the individual is incarcerated, the time and | ||||||
| 6 | date that the
individual was received, discharged, or | ||||||
| 7 | transferred from the arresting
agency's custody.
| ||||||
| 8 | (b) The information required by this Section must be made | ||||||
| 9 | available to the
news media for inspection and copying as soon | ||||||
| 10 | as practicable, but in no event
shall the time period exceed 72 | ||||||
| 11 | hours from the arrest. The information
described in items (3), | ||||||
| 12 | (4), (5), and (6) of subsection (a),
however, may be withheld | ||||||
| 13 | if it is determined that disclosure would (i)
interfere with | ||||||
| 14 | pending or actually and reasonably contemplated law | ||||||
| 15 | enforcement
proceedings conducted by any law enforcement or | ||||||
| 16 | correctional agency; (ii)
endanger the life or physical safety | ||||||
| 17 | of law enforcement or correctional
personnel or any other | ||||||
| 18 | person; or (iii) compromise the security of any
correctional | ||||||
| 19 | facility.
| ||||||
| 20 | (c) For the purposes of this Section, the term "news | ||||||
| 21 | media" means personnel
of a newspaper or other periodical | ||||||
| 22 | issued at regular intervals whether in print
or electronic | ||||||
| 23 | format, a news service whether in print or electronic format, | ||||||
| 24 | a
radio station, a television station, a television network, a | ||||||
| 25 | community antenna
television service, or a person or | ||||||
| 26 | corporation engaged in making news reels or
other motion | ||||||
| |||||||
| |||||||
| 1 | picture news for public showing.
| ||||||
| 2 | (d) Each law enforcement or correctional agency may charge | ||||||
| 3 | fees
for arrest records, but in no instance may the fee exceed | ||||||
| 4 | the actual cost of
copying and reproduction. The fees may not | ||||||
| 5 | include the cost of the labor used
to reproduce the arrest | ||||||
| 6 | record.
| ||||||
| 7 | (e) The provisions of this Section do not supersede the | ||||||
| 8 | confidentiality
provisions for arrest records of the Juvenile | ||||||
| 9 | Court Act of 1987.
| ||||||
| 10 | (Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01; | ||||||
| 11 | incorporates 92-335,
eff. 8-10-01; 92-651, eff. 7-11-02; | ||||||
| 12 | 101-652.)
| ||||||
| 13 | Section 60. The State Police Act is amended by changing | ||||||
| 14 | Section 14 as follows:
| ||||||
| 15 | (20 ILCS 2610/14) (from Ch. 121, par. 307.14)
| ||||||
| 16 | Sec. 14. Except as is otherwise provided in this Act, no | ||||||
| 17 | Illinois
State Police officer shall be removed, demoted, or | ||||||
| 18 | suspended except for
cause, upon written charges filed with | ||||||
| 19 | the Board by the Director and a hearing
before the Board | ||||||
| 20 | thereon upon not less than 10 days' notice at a place to
be | ||||||
| 21 | designated by the chairman thereof. At such hearing, the | ||||||
| 22 | accused shall
be afforded full opportunity to be heard in his | ||||||
| 23 | or her own defense and
to produce proof in his or her defense. | ||||||
| 24 | It shall not be a requirement of a person Anyone filing a | ||||||
| |||||||
| |||||||
| 1 | complaint against a State Police officer Officer tomust have | ||||||
| 2 | athe complaint supported by a sworn affidavit or any other | ||||||
| 3 | legal documentation. This ban on an affidavit requirement | ||||||
| 4 | shall apply to any collective bargaining agreements entered | ||||||
| 5 | after the effective date of this provision.
Any such | ||||||
| 6 | complaint, having been supported by a sworn affidavit, and | ||||||
| 7 | having been found, in total or in part, to contain false | ||||||
| 8 | information, shall be presented to the appropriate State's | ||||||
| 9 | Attorney for a determination of prosecution.
| ||||||
| 10 | Before any such officer may be interrogated or examined by | ||||||
| 11 | or before the
Board, or by an Illinois
State Police agent or | ||||||
| 12 | investigator specifically assigned
to conduct an internal | ||||||
| 13 | investigation, the results of which hearing,
interrogation,
or | ||||||
| 14 | examination may be the basis for filing charges seeking his or | ||||||
| 15 | her
suspension for more than 15 days or his or her removal or | ||||||
| 16 | discharge,
he or she shall be advised in writing as to what | ||||||
| 17 | specific improper or
illegal act he or she is alleged to have | ||||||
| 18 | committed; he or she shall
be advised in writing that his or | ||||||
| 19 | her admissions made in the course
of the hearing, | ||||||
| 20 | interrogation, or examination may be used as the basis for
| ||||||
| 21 | charges seeking his or her suspension, removal, or discharge; | ||||||
| 22 | and he
or she shall be advised in writing that he or she has a | ||||||
| 23 | right to
counsel of his or her choosing, who may be present to | ||||||
| 24 | advise him or
her at any hearing, interrogation, or | ||||||
| 25 | examination. A complete record of
any hearing, interrogation, | ||||||
| 26 | or examination shall be made, and a complete
transcript or | ||||||
| |||||||
| |||||||
| 1 | electronic recording thereof shall be made available to such
| ||||||
| 2 | officer without charge and without delay.
| ||||||
| 3 | The Board shall have the power to secure by its subpoena
| ||||||
| 4 | both the attendance and testimony of witnesses and the | ||||||
| 5 | production of books
and papers in support of the charges and | ||||||
| 6 | for the defense. Each member of
the Board or a designated | ||||||
| 7 | hearing officer shall have the power to administer
oaths or | ||||||
| 8 | affirmations. If the charges against an accused are | ||||||
| 9 | established
by a preponderance of evidence, the Board shall | ||||||
| 10 | make a finding of guilty
and order either removal, demotion, | ||||||
| 11 | suspension for a period of not more
than 180 days, or such | ||||||
| 12 | other disciplinary punishment as may be prescribed
by the | ||||||
| 13 | rules and regulations of the Board which, in the opinion of the | ||||||
| 14 | members
thereof, the offense merits. Thereupon the
Director | ||||||
| 15 | shall direct such removal or other punishment as ordered by | ||||||
| 16 | the
Board and if the accused refuses to abide by any such | ||||||
| 17 | disciplinary
order, the Director shall remove him or her | ||||||
| 18 | forthwith.
| ||||||
| 19 | If the accused is found not guilty or has served a period | ||||||
| 20 | of suspension
greater than prescribed by the Board, the Board | ||||||
| 21 | shall order that the officer receive compensation for the | ||||||
| 22 | period involved.
The award of compensation shall include | ||||||
| 23 | interest at the rate of 7% per
annum.
| ||||||
| 24 | The Board may include in its order appropriate sanctions | ||||||
| 25 | based upon the
Board's rules and regulations. If the Board | ||||||
| 26 | finds that a party has made
allegations or denials without | ||||||
| |||||||
| |||||||
| 1 | reasonable cause or has engaged in frivolous
litigation for | ||||||
| 2 | the purpose of delay or needless increase in the cost of
| ||||||
| 3 | litigation, it may order that party to pay the other party's | ||||||
| 4 | reasonable
expenses, including costs and reasonable attorney's | ||||||
| 5 | fees. The State of
Illinois and the Illinois
State Police | ||||||
| 6 | shall be subject to these sanctions in the same
manner as other | ||||||
| 7 | parties.
| ||||||
| 8 | In case of the neglect or refusal of any person to obey a | ||||||
| 9 | subpoena issued
by the Board, any circuit court, upon | ||||||
| 10 | application
of any member of the Board, may order such person | ||||||
| 11 | to appear before the Board
and give testimony or produce | ||||||
| 12 | evidence, and any failure to obey such order
is punishable by | ||||||
| 13 | the court as a contempt thereof.
| ||||||
| 14 | The provisions of the Administrative Review Law, and all | ||||||
| 15 | amendments and
modifications thereof, and the rules adopted | ||||||
| 16 | pursuant thereto, shall apply
to and govern all proceedings | ||||||
| 17 | for the judicial review of any order of the
Board rendered | ||||||
| 18 | pursuant to the provisions of this Section.
| ||||||
| 19 | Notwithstanding the provisions of this Section, a policy | ||||||
| 20 | making
officer, as defined in the Employee Rights Violation | ||||||
| 21 | Act, of the Illinois State Police shall be discharged from the | ||||||
| 22 | Illinois State Police as
provided in the Employee Rights | ||||||
| 23 | Violation Act, enacted by the 85th General
Assembly.
| ||||||
| 24 | (Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21; | ||||||
| 25 | revised 10-4-21.)
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 2610/17c rep.) | ||||||
| 2 | Section 65. The State Police Act is amended by repealing | ||||||
| 3 | Section 17c.
| ||||||
| 4 | (20 ILCS 3930/7.7 rep.) | ||||||
| 5 | (20 ILCS 3930/7.8 rep.) | ||||||
| 6 | Section 70. The Illinois Criminal Justice Information Act | ||||||
| 7 | is amended by repealing Sections 7.7 and 7.8.
| ||||||
| 8 | (50 ILCS 105/4.1 rep.) | ||||||
| 9 | Section 75. The Public Officer Prohibited Activities Act | ||||||
| 10 | is amended by repealing Section 4.1.
| ||||||
| 11 | Section 80. The Local Records Act is amended by changing | ||||||
| 12 | Section 3b as follows:
| ||||||
| 13 | (50 ILCS 205/3b)
| ||||||
| 14 | Sec. 3b. Arrest records and reports.
| ||||||
| 15 | (a) When an individual is arrested, the following | ||||||
| 16 | information must
be made available to the news media for | ||||||
| 17 | inspection and copying:
| ||||||
| 18 | (1) Information that identifies the individual,
| ||||||
| 19 | including the name, age, address, and photograph, when and | ||||||
| 20 | if available.
| ||||||
| 21 | (2) Information detailing any charges relating to the | ||||||
| 22 | arrest.
| ||||||
| |||||||
| |||||||
| 1 | (3) The time and location of the arrest.
| ||||||
| 2 | (4) The name of the investigating or arresting law | ||||||
| 3 | enforcement agency.
| ||||||
| 4 | (5) If the individual is incarcerated, the conditions | ||||||
| 5 | of pretrial release amount of any bail
or bond.
| ||||||
| 6 | (6) If the individual is incarcerated, the time and | ||||||
| 7 | date that the
individual was received, discharged, or | ||||||
| 8 | transferred from the arresting
agency's custody.
| ||||||
| 9 | (b) The information required by this Section must be made | ||||||
| 10 | available to the
news media for inspection and copying as soon | ||||||
| 11 | as practicable, but in no event
shall the time period exceed 72 | ||||||
| 12 | hours from the arrest. The information
described in paragraphs | ||||||
| 13 | (3), (4), (5), and (6) of subsection (a), however,
may be | ||||||
| 14 | withheld if it is determined that disclosure would:
| ||||||
| 15 | (1) interfere with pending or actually and reasonably | ||||||
| 16 | contemplated law
enforcement proceedings conducted by any | ||||||
| 17 | law enforcement or correctional
agency;
| ||||||
| 18 | (2) endanger the life or physical safety of law | ||||||
| 19 | enforcement or
correctional personnel or any other person; | ||||||
| 20 | or
| ||||||
| 21 | (3) compromise the security of any correctional | ||||||
| 22 | facility.
| ||||||
| 23 | (c) For the purposes of this Section the term "news media" | ||||||
| 24 | means personnel
of a newspaper or other periodical issued at | ||||||
| 25 | regular intervals whether in
print or electronic format, a | ||||||
| 26 | news service whether in print or electronic
format,
a radio | ||||||
| |||||||
| |||||||
| 1 | station, a television station, a television network, a | ||||||
| 2 | community
antenna television service,
or a person or | ||||||
| 3 | corporation engaged in making news reels or other motion | ||||||
| 4 | picture
news for public showing.
| ||||||
| 5 | (d) Each law enforcement or correctional agency may charge | ||||||
| 6 | fees for arrest
records, but in no instance may the fee exceed | ||||||
| 7 | the actual cost of copying and
reproduction. The fees may not | ||||||
| 8 | include the cost of the labor used to reproduce
the arrest | ||||||
| 9 | record.
| ||||||
| 10 | (e) The provisions of this Section do not supersede the | ||||||
| 11 | confidentiality
provisions for arrest records of the Juvenile | ||||||
| 12 | Court Act of 1987.
| ||||||
| 13 | (f) All information, including photographs, made available | ||||||
| 14 | under this Section is subject to the provisions of Section | ||||||
| 15 | 2QQQ of the Consumer Fraud and Deceptive Business Practices | ||||||
| 16 | Act. | ||||||
| 17 | (Source: P.A. 98-555, eff. 1-1-14; 99-363, eff. 1-1-16; | ||||||
| 18 | 101-652.)
| ||||||
| 19 | (50 ILCS 205/25 rep.) | ||||||
| 20 | Section 85. The Local Records Act is amended by repealing | ||||||
| 21 | Section 25.
| ||||||
| 22 | Section 90. The Illinois Police Training Act is amended by | ||||||
| 23 | changing Sections 6, 6.2, 7, and 10.17 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (50 ILCS 705/6) (from Ch. 85, par. 506)
| ||||||
| 2 | Sec. 6. Powers and duties of the Board; selection and | ||||||
| 3 | certification of schools. The Board shall select
and certify | ||||||
| 4 | schools within the State of
Illinois for the purpose of | ||||||
| 5 | providing basic training for probationary law enforcement
| ||||||
| 6 | officers, probationary county corrections officers, and
court | ||||||
| 7 | security officers and
of providing advanced or in-service | ||||||
| 8 | training for permanent law enforcement officers
or permanent
| ||||||
| 9 | county corrections officers, which schools may be either | ||||||
| 10 | publicly or
privately owned and operated. In addition, the | ||||||
| 11 | Board has the following
power and duties:
| ||||||
| 12 | a. To require local governmental units, to furnish | ||||||
| 13 | such reports and
information as the Board deems necessary | ||||||
| 14 | to 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 | ||||||
| |||||||
| |||||||
| 1 | applicant is a person of good character
and has not been | ||||||
| 2 | convicted of, found guilty of, or 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, 11-14, 11-14.1, 11-30, 12-2, | ||||||
| 6 | 12-3.2, 12-3.5, 16-1,
17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, | ||||||
| 7 | 28-3, 29-1, any misdemeanor in violation of any Section of | ||||||
| 8 | Part E of Title III of the Criminal Code of 1961 or the | ||||||
| 9 | Criminal Code of 2012, or subsection (a) of Section 17-32 | ||||||
| 10 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 11 | or Section 5 or 5.2 of the Cannabis Control Act, or a crime | ||||||
| 12 | involving
moral
turpitude under the laws of this State or | ||||||
| 13 | any other state which if
committed in this State would be | ||||||
| 14 | punishable as a felony or a crime of
moral turpitude, or | ||||||
| 15 | any felony or misdemeanor in violation of federal law or | ||||||
| 16 | the law of any state that is the equivalent of any of the | ||||||
| 17 | offenses specified therein. The Board may appoint | ||||||
| 18 | investigators who shall enforce
the duties conferred upon | ||||||
| 19 | the Board by this Act.
| ||||||
| 20 | For purposes of this paragraph e, a person is | ||||||
| 21 | considered to have been convicted of, found guilty of, or | ||||||
| 22 | entered a plea of guilty to, plea of nolo contendere to | ||||||
| 23 | regardless of whether the adjudication of guilt or | ||||||
| 24 | sentence is withheld or not entered thereon. This includes | ||||||
| 25 | sentences of supervision, conditional discharge, or first | ||||||
| 26 | offender probation, or any similar disposition provided | ||||||
| |||||||
| |||||||
| 1 | for by law. | ||||||
| 2 | f. To establish statewide standards for minimum | ||||||
| 3 | standards regarding regular mental health screenings for | ||||||
| 4 | probationary and permanent police officers, ensuring that | ||||||
| 5 | counseling sessions and screenings remain confidential. | ||||||
| 6 | f. For purposes of this paragraph (e), a person is | ||||||
| 7 | considered to have been "convicted of, found guilty of, or | ||||||
| 8 | entered a plea of guilty to, plea of nolo contendere to" | ||||||
| 9 | regardless of whether the adjudication of guilt or | ||||||
| 10 | sentence is withheld or not entered thereon. This includes | ||||||
| 11 | sentences of supervision, conditional discharge, or first | ||||||
| 12 | offender probation, or any similar disposition provided | ||||||
| 13 | for by law. | ||||||
| 14 | g. To review and ensure all law enforcement officers | ||||||
| 15 | remain in compliance with this Act, and any administrative | ||||||
| 16 | rules adopted under this Act. | ||||||
| 17 | h. To suspend any certificate for a definite period, | ||||||
| 18 | limit or restrict any certificate, or revoke any | ||||||
| 19 | certificate. | ||||||
| 20 | i. The Board and the Panel shall have power to secure | ||||||
| 21 | by its subpoena and bring before it any person or entity in | ||||||
| 22 | this State and to take testimony either orally or by | ||||||
| 23 | deposition or both with the same fees and mileage and in | ||||||
| 24 | the same manner as prescribed by law in judicial | ||||||
| 25 | proceedings in civil cases in circuit courts of this | ||||||
| 26 | State. The Board and the Panel shall also have the power to | ||||||
| |||||||
| |||||||
| 1 | subpoena the production of documents, papers, files, | ||||||
| 2 | books, documents, and records, whether in physical or | ||||||
| 3 | electronic form, in support of the charges and for | ||||||
| 4 | defense, and in connection with a hearing or | ||||||
| 5 | investigation. | ||||||
| 6 | j. The Executive Director, the administrative law | ||||||
| 7 | judge designated by the Executive Director, and each | ||||||
| 8 | member of the Board and the Panel shall have the power to | ||||||
| 9 | administer oaths to witnesses at any hearing that the | ||||||
| 10 | Board is authorized to conduct under this Act and any | ||||||
| 11 | other oaths required or authorized to be administered by | ||||||
| 12 | the Board under this Act. | ||||||
| 13 | k. In case of the neglect or refusal of any person to | ||||||
| 14 | obey a subpoena issued by the Board and the Panel, any | ||||||
| 15 | circuit court, upon application of the Board and the | ||||||
| 16 | Panel, through the Illinois Attorney General, may order | ||||||
| 17 | such person to appear before the Board and the Panel give | ||||||
| 18 | testimony or produce evidence, and any failure to obey | ||||||
| 19 | such order is punishable by the court as a contempt | ||||||
| 20 | thereof. This order may be served by personal delivery, by | ||||||
| 21 | email, or by mail to the address of record or email address | ||||||
| 22 | of record. | ||||||
| 23 | l. The Board shall have the power to administer state | ||||||
| 24 | certification examinations. Any and all records related to | ||||||
| 25 | these examinations, including, but not limited to, test | ||||||
| 26 | questions, test formats, digital files, answer responses, | ||||||
| |||||||
| |||||||
| 1 | answer keys, and scoring information shall be exempt from | ||||||
| 2 | disclosure. | ||||||
| 3 | (Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10, | ||||||
| 4 | Section 10-143, eff. 7-1-21; 101-652, Article 25, Section | ||||||
| 5 | 25-40, eff. 1-1-22; revised 4-26-21.)
| ||||||
| 6 | (50 ILCS 705/6.2)
| ||||||
| 7 | Sec. 6.2. Officer professional conduct database.
| ||||||
| 8 | (a) All law enforcement agencies shall notify the Board of | ||||||
| 9 | any final determination of willful violation of department or | ||||||
| 10 | agency policy, official misconduct, or violation of law when:
| ||||||
| 11 | (1) the officer is discharged or dismissed as a result | ||||||
| 12 | of the violation; or
| ||||||
| 13 | (2) the officer resigns during the course of an | ||||||
| 14 | investigation and after the officer has been served notice | ||||||
| 15 | that he or she is under investigation that is based on the | ||||||
| 16 | commission of any a Class 2 or greater felony or sex | ||||||
| 17 | offense.
| ||||||
| 18 | The agency shall report to the Board within 30 days of a | ||||||
| 19 | final decision of discharge or dismissal and final exhaustion | ||||||
| 20 | of any appeal, or resignation, and shall provide information | ||||||
| 21 | regarding the nature of the violation.
| ||||||
| 22 | (b) Upon receiving notification from a law enforcement | ||||||
| 23 | agency, the Board must notify the law enforcement officer of | ||||||
| 24 | the report and his or her right to provide a statement | ||||||
| 25 | regarding the reported violation. | ||||||
| |||||||
| |||||||
| 1 | (c) The Board shall maintain a database readily available | ||||||
| 2 | to any chief administrative officer, or his or her designee, | ||||||
| 3 | of a law enforcement agency or any State's Attorney that shall | ||||||
| 4 | show each reported instance, including the name of the | ||||||
| 5 | officer, the nature of the violation, reason for the final | ||||||
| 6 | decision of discharge or dismissal, and any statement provided | ||||||
| 7 | by the officer.
| ||||||
| 8 | (Source: P.A. 99-352, eff. 1-1-16; 101-652.)
| ||||||
| 9 | (50 ILCS 705/7)
| ||||||
| 10 | (Text of Section before amendment by P.A. 102-345) | ||||||
| 11 | Sec. 7. Rules and standards for schools. The Board shall | ||||||
| 12 | adopt rules and
minimum standards for such schools which shall | ||||||
| 13 | include, but not be limited to,
the following:
| ||||||
| 14 | a. The curriculum for probationary law enforcement | ||||||
| 15 | officers which shall be
offered by all certified schools | ||||||
| 16 | shall include, but not be limited to,
courses of | ||||||
| 17 | procedural justice, arrest and use and control tactics, | ||||||
| 18 | search and seizure, including temporary questioning, civil | ||||||
| 19 | rights, human rights, human relations,
cultural | ||||||
| 20 | competency, including implicit bias and racial and ethnic | ||||||
| 21 | sensitivity,
criminal law, law of criminal procedure, | ||||||
| 22 | constitutional and proper use of law enforcement | ||||||
| 23 | authority, crisis intervention training, vehicle and | ||||||
| 24 | traffic law including
uniform and non-discriminatory | ||||||
| 25 | enforcement of the Illinois Vehicle Code,
traffic control | ||||||
| |||||||
| |||||||
| 1 | and accident investigation, techniques of obtaining
| ||||||
| 2 | physical evidence, court testimonies, statements, reports, | ||||||
| 3 | firearms
training, training in the use of electronic | ||||||
| 4 | control devices, including the psychological and | ||||||
| 5 | physiological effects of the use of those devices on | ||||||
| 6 | humans, first-aid (including cardiopulmonary | ||||||
| 7 | resuscitation), training in the administration of opioid | ||||||
| 8 | antagonists as defined in paragraph (1) of subsection (e) | ||||||
| 9 | of Section 5-23 of the Substance Use Disorder Act, | ||||||
| 10 | handling of
juvenile offenders, recognition of
mental | ||||||
| 11 | conditions and crises, including, but not limited to, the | ||||||
| 12 | disease of addiction, which require immediate assistance | ||||||
| 13 | and response and methods to
safeguard and provide | ||||||
| 14 | assistance to a person in need of mental
treatment, | ||||||
| 15 | recognition of abuse, neglect, financial exploitation, and | ||||||
| 16 | self-neglect of adults with disabilities and older adults, | ||||||
| 17 | as defined in Section 2 of the Adult Protective Services | ||||||
| 18 | Act, crimes against the elderly, law of evidence, the | ||||||
| 19 | hazards of high-speed police vehicle
chases with an | ||||||
| 20 | emphasis on alternatives to the high-speed chase, and
| ||||||
| 21 | physical training. The curriculum shall include specific | ||||||
| 22 | training in
techniques for immediate response to and | ||||||
| 23 | investigation of cases of domestic
violence and of sexual | ||||||
| 24 | assault of adults and children, including cultural | ||||||
| 25 | perceptions and common myths of sexual assault and sexual | ||||||
| 26 | abuse as well as interview techniques that are age | ||||||
| |||||||
| |||||||
| 1 | sensitive and are trauma informed, victim centered, and | ||||||
| 2 | victim sensitive. The curriculum shall include
training in | ||||||
| 3 | techniques designed to promote effective
communication at | ||||||
| 4 | the initial contact with crime victims and ways to | ||||||
| 5 | comprehensively
explain to victims and witnesses their | ||||||
| 6 | rights under the Rights
of Crime Victims and Witnesses Act | ||||||
| 7 | and the Crime
Victims Compensation Act. The curriculum | ||||||
| 8 | shall also include training in effective recognition of | ||||||
| 9 | and responses to stress, trauma, and post-traumatic stress | ||||||
| 10 | experienced by law enforcement officers that is consistent | ||||||
| 11 | with Section 25 of the Illinois Mental Health First Aid | ||||||
| 12 | Training Act in a peer setting, including recognizing | ||||||
| 13 | signs and symptoms of work-related cumulative stress, | ||||||
| 14 | issues that may lead to suicide, and solutions for | ||||||
| 15 | intervention with peer support resources. The curriculum | ||||||
| 16 | shall include a block of instruction addressing the | ||||||
| 17 | mandatory reporting requirements under the Abused and | ||||||
| 18 | Neglected Child Reporting Act. The curriculum shall also | ||||||
| 19 | include a block of instruction aimed at identifying and | ||||||
| 20 | interacting with persons with autism and other | ||||||
| 21 | developmental or physical disabilities, reducing barriers | ||||||
| 22 | to reporting crimes against persons with autism, and | ||||||
| 23 | addressing the unique challenges presented by cases | ||||||
| 24 | involving victims or witnesses with autism and other | ||||||
| 25 | developmental disabilities. The curriculum shall include | ||||||
| 26 | training in the detection and investigation of all forms | ||||||
| |||||||
| |||||||
| 1 | of human trafficking. The curriculum shall also include | ||||||
| 2 | instruction in trauma-informed responses designed to | ||||||
| 3 | ensure the physical safety and well-being of a child of an | ||||||
| 4 | arrested parent or immediate family member; this | ||||||
| 5 | instruction must include, but is not limited to: (1) | ||||||
| 6 | understanding the trauma experienced by the child while | ||||||
| 7 | maintaining the integrity of the arrest and safety of | ||||||
| 8 | officers, suspects, and other involved individuals; (2) | ||||||
| 9 | de-escalation tactics that would include the use of force | ||||||
| 10 | when reasonably necessary; and (3) inquiring whether a | ||||||
| 11 | child will require supervision and care. The curriculum | ||||||
| 12 | for probationary law enforcement officers shall include: | ||||||
| 13 | (1) at least 12 hours of hands-on, scenario-based | ||||||
| 14 | role-playing; (2) at least 6 hours of instruction on use | ||||||
| 15 | of force techniques, including the use of de-escalation | ||||||
| 16 | techniques to prevent or reduce the need for force | ||||||
| 17 | whenever safe and feasible; (3) specific training on | ||||||
| 18 | officer safety techniques, including cover, concealment, | ||||||
| 19 | and time; and (4) at least 6 hours of training focused on | ||||||
| 20 | high-risk traffic stops. The curriculum for
permanent law | ||||||
| 21 | enforcement officers shall include, but not be limited to: | ||||||
| 22 | (1) refresher
and in-service training in any of the | ||||||
| 23 | courses listed above in this
subparagraph, (2) advanced | ||||||
| 24 | courses in any of the subjects listed above in
this | ||||||
| 25 | subparagraph, (3) training for supervisory personnel, and | ||||||
| 26 | (4)
specialized training in subjects and fields to be | ||||||
| |||||||
| |||||||
| 1 | selected by the board. The training in the use of | ||||||
| 2 | electronic control devices shall be conducted for | ||||||
| 3 | probationary law enforcement officers, including | ||||||
| 4 | University police officers.
| ||||||
| 5 | b. Minimum courses of study, attendance requirements | ||||||
| 6 | and equipment
requirements.
| ||||||
| 7 | c. Minimum requirements for instructors.
| ||||||
| 8 | d. Minimum basic training requirements, which a | ||||||
| 9 | probationary law enforcement
officer must satisfactorily | ||||||
| 10 | complete before being eligible for permanent
employment as | ||||||
| 11 | a local law enforcement officer for a participating local
| ||||||
| 12 | governmental or State governmental agency. Those | ||||||
| 13 | requirements shall include training in first aid
| ||||||
| 14 | (including cardiopulmonary resuscitation).
| ||||||
| 15 | e. Minimum basic training requirements, which a | ||||||
| 16 | probationary county
corrections officer must | ||||||
| 17 | satisfactorily complete before being eligible for
| ||||||
| 18 | permanent employment as a county corrections officer for a | ||||||
| 19 | participating
local governmental agency.
| ||||||
| 20 | f. Minimum basic training requirements which a | ||||||
| 21 | probationary court
security officer must satisfactorily | ||||||
| 22 | complete before being eligible for
permanent employment as | ||||||
| 23 | a court security officer for a participating local
| ||||||
| 24 | governmental agency. The Board shall
establish those | ||||||
| 25 | training requirements which it considers appropriate for | ||||||
| 26 | court
security officers and shall certify schools to | ||||||
| |||||||
| |||||||
| 1 | conduct that training.
| ||||||
| 2 | A person hired to serve as a court security officer | ||||||
| 3 | must obtain from the
Board a certificate (i) attesting to | ||||||
| 4 | the officer's successful completion of the
training | ||||||
| 5 | course; (ii) attesting to the officer's satisfactory
| ||||||
| 6 | completion of a training program of similar content and | ||||||
| 7 | number of hours that
has been found acceptable by the | ||||||
| 8 | Board under the provisions of this Act; or
(iii) attesting | ||||||
| 9 | to the Board's determination that the training
course is | ||||||
| 10 | unnecessary because of the person's extensive prior law | ||||||
| 11 | enforcement
experience.
| ||||||
| 12 | Individuals who currently serve as court security | ||||||
| 13 | officers shall be deemed
qualified to continue to serve in | ||||||
| 14 | that capacity so long as they are certified
as provided by | ||||||
| 15 | this Act within 24 months of June 1, 1997 (the effective | ||||||
| 16 | date of Public Act 89-685). Failure to be so certified, | ||||||
| 17 | absent a waiver from the
Board, shall cause the officer to | ||||||
| 18 | forfeit his or her position.
| ||||||
| 19 | All individuals hired as court security officers on or | ||||||
| 20 | after June 1, 1997 (the effective
date of Public Act | ||||||
| 21 | 89-685) shall be certified within 12 months of the
date of | ||||||
| 22 | their hire, unless a waiver has been obtained by the | ||||||
| 23 | Board, or they
shall forfeit their positions.
| ||||||
| 24 | The Sheriff's Merit Commission, if one exists, or the | ||||||
| 25 | Sheriff's Office if
there is no Sheriff's Merit | ||||||
| 26 | Commission, shall maintain a list of all
individuals who | ||||||
| |||||||
| |||||||
| 1 | have filed applications to become court security officers | ||||||
| 2 | and
who meet the eligibility requirements established | ||||||
| 3 | under this Act. Either
the Sheriff's Merit Commission, or | ||||||
| 4 | the Sheriff's Office if no Sheriff's Merit
Commission | ||||||
| 5 | exists, shall establish a schedule of reasonable intervals | ||||||
| 6 | for
verification of the applicants' qualifications under
| ||||||
| 7 | this Act and as established by the Board.
| ||||||
| 8 | g. Minimum in-service training requirements, which a | ||||||
| 9 | law enforcement officer must satisfactorily complete every | ||||||
| 10 | 3 years. Those requirements shall include constitutional | ||||||
| 11 | and proper use of law enforcement authority, procedural | ||||||
| 12 | justice, civil rights, human rights, mental health | ||||||
| 13 | awareness and response, officer wellness, reporting child | ||||||
| 14 | abuse and neglect, and cultural competency, including | ||||||
| 15 | implicit bias and racial and ethnic sensitivity. These | ||||||
| 16 | trainings shall consist of at least 30 hours of training | ||||||
| 17 | every 3 years. | ||||||
| 18 | h. Minimum in-service training requirements, which a | ||||||
| 19 | law enforcement officer must satisfactorily complete at | ||||||
| 20 | least annually. Those requirements shall include law | ||||||
| 21 | updates, emergency medical response training and | ||||||
| 22 | certification, crisis intervention training, and officer | ||||||
| 23 | wellness and mental health and use of force training which | ||||||
| 24 | shall include scenario based training, or similar training | ||||||
| 25 | approved by the Board. | ||||||
| 26 | i. Minimum in-service training requirements as set | ||||||
| |||||||
| |||||||
| 1 | forth in Section 10.6. | ||||||
| 2 | The amendatory changes to this Section made by Public Act | ||||||
| 3 | 101-652 shall take effect January 1, 2022. | ||||||
| 4 | (Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; | ||||||
| 5 | 101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. | ||||||
| 6 | 8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section | ||||||
| 7 | 10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff. | ||||||
| 8 | 1-1-22; 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; revised | ||||||
| 9 | 10-5-21.)
| ||||||
| 10 | (Text of Section after amendment by P.A. 102-345)
| ||||||
| 11 | Sec. 7. Rules and standards for schools. The Board shall | ||||||
| 12 | adopt rules and
minimum standards for such schools which shall | ||||||
| 13 | include, but not be limited to,
the following:
| ||||||
| 14 | a. The curriculum for probationary law enforcement | ||||||
| 15 | officers which shall be
offered by all certified schools | ||||||
| 16 | shall include, but not be limited to,
courses of | ||||||
| 17 | procedural justice, arrest and use and control tactics, | ||||||
| 18 | search and seizure, including temporary questioning, civil | ||||||
| 19 | rights, human rights, human relations,
cultural | ||||||
| 20 | competency, including implicit bias and racial and ethnic | ||||||
| 21 | sensitivity,
criminal law, law of criminal procedure, | ||||||
| 22 | constitutional and proper use of law enforcement | ||||||
| 23 | authority, crisis intervention training, vehicle and | ||||||
| 24 | traffic law including
uniform and non-discriminatory | ||||||
| 25 | enforcement of the Illinois Vehicle Code,
traffic control | ||||||
| |||||||
| |||||||
| 1 | and accident investigation, techniques of obtaining
| ||||||
| 2 | physical evidence, court testimonies, statements, reports, | ||||||
| 3 | firearms
training, training in the use of electronic | ||||||
| 4 | control devices, including the psychological and | ||||||
| 5 | physiological effects of the use of those devices on | ||||||
| 6 | humans, first-aid (including cardiopulmonary | ||||||
| 7 | resuscitation), training in the administration of opioid | ||||||
| 8 | antagonists as defined in paragraph (1) of subsection (e) | ||||||
| 9 | of Section 5-23 of the Substance Use Disorder Act, | ||||||
| 10 | handling of
juvenile offenders, recognition of
mental | ||||||
| 11 | conditions and crises, including, but not limited to, the | ||||||
| 12 | disease of addiction, which require immediate assistance | ||||||
| 13 | and response and methods to
safeguard and provide | ||||||
| 14 | assistance to a person in need of mental
treatment, | ||||||
| 15 | recognition of abuse, neglect, financial exploitation, and | ||||||
| 16 | self-neglect of adults with disabilities and older adults, | ||||||
| 17 | as defined in Section 2 of the Adult Protective Services | ||||||
| 18 | Act, crimes against the elderly, law of evidence, the | ||||||
| 19 | hazards of high-speed police vehicle
chases with an | ||||||
| 20 | emphasis on alternatives to the high-speed chase, and
| ||||||
| 21 | physical training. The curriculum shall include specific | ||||||
| 22 | training in
techniques for immediate response to and | ||||||
| 23 | investigation of cases of domestic
violence and of sexual | ||||||
| 24 | assault of adults and children, including cultural | ||||||
| 25 | perceptions and common myths of sexual assault and sexual | ||||||
| 26 | abuse as well as interview techniques that are age | ||||||
| |||||||
| |||||||
| 1 | sensitive and are trauma informed, victim centered, and | ||||||
| 2 | victim sensitive. The curriculum shall include
training in | ||||||
| 3 | techniques designed to promote effective
communication at | ||||||
| 4 | the initial contact with crime victims and ways to | ||||||
| 5 | comprehensively
explain to victims and witnesses their | ||||||
| 6 | rights under the Rights
of Crime Victims and Witnesses Act | ||||||
| 7 | and the Crime
Victims Compensation Act. The curriculum | ||||||
| 8 | shall also include training in effective recognition of | ||||||
| 9 | and responses to stress, trauma, and post-traumatic stress | ||||||
| 10 | experienced by law enforcement officers that is consistent | ||||||
| 11 | with Section 25 of the Illinois Mental Health First Aid | ||||||
| 12 | Training Act in a peer setting, including recognizing | ||||||
| 13 | signs and symptoms of work-related cumulative stress, | ||||||
| 14 | issues that may lead to suicide, and solutions for | ||||||
| 15 | intervention with peer support resources. The curriculum | ||||||
| 16 | shall include a block of instruction addressing the | ||||||
| 17 | mandatory reporting requirements under the Abused and | ||||||
| 18 | Neglected Child Reporting Act. The curriculum shall also | ||||||
| 19 | include a block of instruction aimed at identifying and | ||||||
| 20 | interacting with persons with autism and other | ||||||
| 21 | developmental or physical disabilities, reducing barriers | ||||||
| 22 | to reporting crimes against persons with autism, and | ||||||
| 23 | addressing the unique challenges presented by cases | ||||||
| 24 | involving victims or witnesses with autism and other | ||||||
| 25 | developmental disabilities. The curriculum shall include | ||||||
| 26 | training in the detection and investigation of all forms | ||||||
| |||||||
| |||||||
| 1 | of human trafficking. The curriculum shall also include | ||||||
| 2 | instruction in trauma-informed responses designed to | ||||||
| 3 | ensure the physical safety and well-being of a child of an | ||||||
| 4 | arrested parent or immediate family member; this | ||||||
| 5 | instruction must include, but is not limited to: (1) | ||||||
| 6 | understanding the trauma experienced by the child while | ||||||
| 7 | maintaining the integrity of the arrest and safety of | ||||||
| 8 | officers, suspects, and other involved individuals; (2) | ||||||
| 9 | de-escalation tactics that would include the use of force | ||||||
| 10 | when reasonably necessary; and (3) inquiring whether a | ||||||
| 11 | child will require supervision and care. The curriculum | ||||||
| 12 | for probationary law enforcement officers shall include: | ||||||
| 13 | (1) at least 12 hours of hands-on, scenario-based | ||||||
| 14 | role-playing; (2) at least 6 hours of instruction on use | ||||||
| 15 | of force techniques, including the use of de-escalation | ||||||
| 16 | techniques to prevent or reduce the need for force | ||||||
| 17 | whenever safe and feasible; (3) specific training on | ||||||
| 18 | officer safety techniques, including cover, concealment, | ||||||
| 19 | and time; and (4) at least 6 hours of training focused on | ||||||
| 20 | high-risk traffic stops. The curriculum for
permanent law | ||||||
| 21 | enforcement officers shall include, but not be limited to: | ||||||
| 22 | (1) refresher
and in-service training in any of the | ||||||
| 23 | courses listed above in this
subparagraph, (2) advanced | ||||||
| 24 | courses in any of the subjects listed above in
this | ||||||
| 25 | subparagraph, (3) training for supervisory personnel, and | ||||||
| 26 | (4)
specialized training in subjects and fields to be | ||||||
| |||||||
| |||||||
| 1 | selected by the board. The training in the use of | ||||||
| 2 | electronic control devices shall be conducted for | ||||||
| 3 | probationary law enforcement officers, including | ||||||
| 4 | University police officers. The curriculum shall also | ||||||
| 5 | include training on the use of a firearms restraining | ||||||
| 6 | order by providing instruction on the process used to file | ||||||
| 7 | a firearms restraining order and how to identify | ||||||
| 8 | situations in which a firearms restraining order is | ||||||
| 9 | appropriate.
| ||||||
| 10 | b. Minimum courses of study, attendance requirements | ||||||
| 11 | and equipment
requirements.
| ||||||
| 12 | c. Minimum requirements for instructors.
| ||||||
| 13 | d. Minimum basic training requirements, which a | ||||||
| 14 | probationary law enforcement
officer must satisfactorily | ||||||
| 15 | complete before being eligible for permanent
employment as | ||||||
| 16 | a local law enforcement officer for a participating local
| ||||||
| 17 | governmental or State governmental agency. Those | ||||||
| 18 | requirements shall include training in first aid
| ||||||
| 19 | (including cardiopulmonary resuscitation).
| ||||||
| 20 | e. Minimum basic training requirements, which a | ||||||
| 21 | probationary county
corrections officer must | ||||||
| 22 | satisfactorily complete before being eligible for
| ||||||
| 23 | permanent employment as a county corrections officer for a | ||||||
| 24 | participating
local governmental agency.
| ||||||
| 25 | f. Minimum basic training requirements which a | ||||||
| 26 | probationary court
security officer must satisfactorily | ||||||
| |||||||
| |||||||
| 1 | complete before being eligible for
permanent employment as | ||||||
| 2 | a court security officer for a participating local
| ||||||
| 3 | governmental agency. The Board shall
establish those | ||||||
| 4 | training requirements which it considers appropriate for | ||||||
| 5 | court
security officers and shall certify schools to | ||||||
| 6 | conduct that training.
| ||||||
| 7 | A person hired to serve as a court security officer | ||||||
| 8 | must obtain from the
Board a certificate (i) attesting to | ||||||
| 9 | the officer's successful completion of the
training | ||||||
| 10 | course; (ii) attesting to the officer's satisfactory
| ||||||
| 11 | completion of a training program of similar content and | ||||||
| 12 | number of hours that
has been found acceptable by the | ||||||
| 13 | Board under the provisions of this Act; or
(iii) attesting | ||||||
| 14 | to the Board's determination that the training
course is | ||||||
| 15 | unnecessary because of the person's extensive prior law | ||||||
| 16 | enforcement
experience.
| ||||||
| 17 | Individuals who currently serve as court security | ||||||
| 18 | officers shall be deemed
qualified to continue to serve in | ||||||
| 19 | that capacity so long as they are certified
as provided by | ||||||
| 20 | this Act within 24 months of June 1, 1997 (the effective | ||||||
| 21 | date of Public Act 89-685). Failure to be so certified, | ||||||
| 22 | absent a waiver from the
Board, shall cause the officer to | ||||||
| 23 | forfeit his or her position.
| ||||||
| 24 | All individuals hired as court security officers on or | ||||||
| 25 | after June 1, 1997 (the effective
date of Public Act | ||||||
| 26 | 89-685) shall be certified within 12 months of the
date of | ||||||
| |||||||
| |||||||
| 1 | their hire, unless a waiver has been obtained by the | ||||||
| 2 | Board, or they
shall forfeit their positions.
| ||||||
| 3 | The Sheriff's Merit Commission, if one exists, or the | ||||||
| 4 | Sheriff's Office if
there is no Sheriff's Merit | ||||||
| 5 | Commission, shall maintain a list of all
individuals who | ||||||
| 6 | have filed applications to become court security officers | ||||||
| 7 | and
who meet the eligibility requirements established | ||||||
| 8 | under this Act. Either
the Sheriff's Merit Commission, or | ||||||
| 9 | the Sheriff's Office if no Sheriff's Merit
Commission | ||||||
| 10 | exists, shall establish a schedule of reasonable intervals | ||||||
| 11 | for
verification of the applicants' qualifications under
| ||||||
| 12 | this Act and as established by the Board.
| ||||||
| 13 | g. Minimum in-service training requirements, which a | ||||||
| 14 | law enforcement officer must satisfactorily complete every | ||||||
| 15 | 3 years. Those requirements shall include constitutional | ||||||
| 16 | and proper use of law enforcement authority, procedural | ||||||
| 17 | justice, civil rights, human rights, mental health | ||||||
| 18 | awareness and response, officer wellness, reporting child | ||||||
| 19 | abuse and neglect, and cultural competency, including | ||||||
| 20 | implicit bias and racial and ethnic sensitivity. These | ||||||
| 21 | trainings shall consist of at least 30 hours of training | ||||||
| 22 | every 3 years. | ||||||
| 23 | h. Minimum in-service training requirements, which a | ||||||
| 24 | law enforcement officer must satisfactorily complete at | ||||||
| 25 | least annually. Those requirements shall include law | ||||||
| 26 | updates, emergency medical response training and | ||||||
| |||||||
| |||||||
| 1 | certification, crisis intervention training, and officer | ||||||
| 2 | wellness and mental health and use of force training which | ||||||
| 3 | shall include scenario based training, or similar training | ||||||
| 4 | approved by the Board. | ||||||
| 5 | i. Minimum in-service training requirements as set | ||||||
| 6 | forth in Section 10.6. | ||||||
| 7 | The amendatory changes to this Section made by Public Act | ||||||
| 8 | 101-652 shall take effect January 1, 2022. | ||||||
| 9 | (Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; | ||||||
| 10 | 101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. | ||||||
| 11 | 8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section | ||||||
| 12 | 10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff. | ||||||
| 13 | 1-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558, | ||||||
| 14 | eff. 8-20-21; revised 10-5-21.)
| ||||||
| 15 | (50 ILCS 705/10.17) | ||||||
| 16 | Sec. 10.17. Crisis intervention team training; mental | ||||||
| 17 | health awareness training. | ||||||
| 18 | (a) The Illinois Law Enforcement Training Standards Board | ||||||
| 19 | shall develop and approve a standard curriculum for certified | ||||||
| 20 | training programs in crisis intervention of at least 40 hours | ||||||
| 21 | addressing specialized policing responses to people with | ||||||
| 22 | mental illnesses. The Board shall conduct Crisis Intervention | ||||||
| 23 | Team (CIT) training programs that train officers to identify | ||||||
| 24 | signs and symptoms of mental illness, to de-escalate | ||||||
| 25 | situations involving individuals who appear to have a mental | ||||||
| |||||||
| |||||||
| 1 | illness, and connect that person in crisis to treatment. | ||||||
| 2 | Crisis Intervention Team (CIT) training programs shall be a | ||||||
| 3 | collaboration between law enforcement professionals, mental | ||||||
| 4 | health providers, families, and consumer advocates and must | ||||||
| 5 | minimally include the following components:
(1) basic | ||||||
| 6 | information about mental illnesses and how to recognize them; | ||||||
| 7 | (2) information about mental health laws and resources; (3) | ||||||
| 8 | learning from family members of individuals with mental | ||||||
| 9 | illness and their experiences; and (4) verbal de-escalation | ||||||
| 10 | training and role-plays. Officers who have successfully | ||||||
| 11 | completed this program shall be issued a certificate attesting | ||||||
| 12 | to their attendance of a Crisis Intervention Team (CIT) | ||||||
| 13 | training program.
| ||||||
| 14 | (b) The Board shall create an introductory course | ||||||
| 15 | incorporating adult learning models that provides law | ||||||
| 16 | enforcement officers with an awareness of mental health issues | ||||||
| 17 | including a history of the mental health system, types of | ||||||
| 18 | mental health illness including signs and symptoms of mental | ||||||
| 19 | illness and common treatments and medications, and the | ||||||
| 20 | potential interactions law enforcement officers may have on a | ||||||
| 21 | regular basis with these individuals, their families, and | ||||||
| 22 | service providers including de-escalating a potential crisis | ||||||
| 23 | situation. This course, in addition to other traditional | ||||||
| 24 | learning settings, may be made available in an electronic | ||||||
| 25 | format. | ||||||
| 26 | (Source: P.A. 100-247, eff. 1-1-18; 101-652, eff. 7-1-21.)
| ||||||
| |||||||
| |||||||
| 1 | (50 ILCS 705/10.6 rep.) | ||||||
| 2 | Section 95. The Illinois Police Training Act is amended by | ||||||
| 3 | repealing Section 10.6.
| ||||||
| 4 | Section 100. The Law Enforcement Officer-Worn Body Camera | ||||||
| 5 | Act is amended by changing Sections 10-15, 10-20, and 10-25 as | ||||||
| 6 | follows:
| ||||||
| 7 | (50 ILCS 706/10-15) | ||||||
| 8 | Sec. 10-15. Applicability. | ||||||
| 9 | (a) All Any law enforcement agencies must employ the use | ||||||
| 10 | of agency which employs the use of officer-worn body cameras | ||||||
| 11 | in accordance with is subject to the provisions of this Act, | ||||||
| 12 | whether or not the agency receives or has received monies from | ||||||
| 13 | the Law Enforcement Camera Grant Fund.
| ||||||
| 14 | (b) All law enforcement agencies must implement the use of | ||||||
| 15 | body cameras for all law enforcement officers, according to | ||||||
| 16 | the following schedule: | ||||||
| 17 | (1) for municipalities and counties with populations | ||||||
| 18 | of 500,000 or more, body cameras shall be implemented by | ||||||
| 19 | January 1, 2022; | ||||||
| 20 | (2) for municipalities and counties with populations | ||||||
| 21 | of 100,000 or more but under 500,000, body cameras shall | ||||||
| 22 | be implemented by January 1, 2023; | ||||||
| 23 | (3) for municipalities and counties with populations | ||||||
| |||||||
| |||||||
| 1 | of 50,000 or more but under 100,000, body cameras shall be | ||||||
| 2 | implemented by January 1, 2024; | ||||||
| 3 | (4) for municipalities and counties under 50,000, body | ||||||
| 4 | cameras shall be implemented by January 1, 2025; and | ||||||
| 5 | (5) for the Department of State Police, body cameras | ||||||
| 6 | shall be implemented by January 1, 2025. | ||||||
| 7 | (c) A law enforcement agency's compliance with the | ||||||
| 8 | requirements under this Section shall receive preference by | ||||||
| 9 | the Illinois Law Enforcement Training Standards Board in | ||||||
| 10 | awarding grant funding under the Law Enforcement Camera Grant | ||||||
| 11 | Act. | ||||||
| 12 | (Source: P.A. 101-652, eff. 7-1-21.)
| ||||||
| 13 | (50 ILCS 706/10-20) | ||||||
| 14 | Sec. 10-20. Requirements. | ||||||
| 15 | (a) The Board shall develop basic guidelines for the use | ||||||
| 16 | of officer-worn body cameras by law enforcement agencies. The | ||||||
| 17 | guidelines developed by the Board shall be the basis for the | ||||||
| 18 | written policy which must be adopted by each law enforcement | ||||||
| 19 | agency which employs the use of officer-worn body cameras. The | ||||||
| 20 | written policy adopted by the law enforcement agency must | ||||||
| 21 | include, at a minimum, all of the following: | ||||||
| 22 | (1) Cameras must be equipped with pre-event recording, | ||||||
| 23 | capable of recording at least the 30 seconds prior to | ||||||
| 24 | camera activation, unless the officer-worn body camera was | ||||||
| 25 | purchased and acquired by the law enforcement agency prior | ||||||
| |||||||
| |||||||
| 1 | to July 1, 2015. | ||||||
| 2 | (2) Cameras must be capable of recording for a period | ||||||
| 3 | of 10 hours or more, unless the officer-worn body camera | ||||||
| 4 | was purchased and acquired by the law enforcement agency | ||||||
| 5 | prior to July 1, 2015. | ||||||
| 6 | (3) Cameras must be turned on at all times when the | ||||||
| 7 | officer is in uniform and is responding to calls for | ||||||
| 8 | service or engaged in any law enforcement-related | ||||||
| 9 | encounter or activity, that occurs while the officer is on | ||||||
| 10 | duty. | ||||||
| 11 | (A) If exigent circumstances exist which prevent | ||||||
| 12 | the camera from being turned on, the camera must be | ||||||
| 13 | turned on as soon as practicable. | ||||||
| 14 | (B) Officer-worn body cameras may be turned off | ||||||
| 15 | when the officer is inside of a patrol car which is | ||||||
| 16 | equipped with a functioning in-car camera; however, | ||||||
| 17 | the officer must turn on the camera upon exiting the | ||||||
| 18 | patrol vehicle for law enforcement-related encounters. | ||||||
| 19 | (C) Officer-worn body cameras may be turned off | ||||||
| 20 | when the officer is inside a correctional facility or | ||||||
| 21 | courthouse which is equipped with a functioning camera | ||||||
| 22 | system. | ||||||
| 23 | (4) Cameras must be turned off when:
| ||||||
| 24 | (A) the victim of a crime requests that the camera | ||||||
| 25 | be turned off, and unless impractical or impossible, | ||||||
| 26 | that request is made on the recording; | ||||||
| |||||||
| |||||||
| 1 | (B) a witness of a crime or a community member who | ||||||
| 2 | wishes to report a crime requests that the camera be | ||||||
| 3 | turned off, and unless impractical or impossible that | ||||||
| 4 | request is made on the recording;
| ||||||
| 5 | (C) the officer is interacting with a confidential | ||||||
| 6 | informant used by the law enforcement agency; or | ||||||
| 7 | (D) an officer of the Department of Revenue enters | ||||||
| 8 | a Department of Revenue facility or conducts an | ||||||
| 9 | interview during which return information will be | ||||||
| 10 | discussed or visible. | ||||||
| 11 | However, an officer may continue to record or resume | ||||||
| 12 | recording a victim or a witness, if exigent circumstances | ||||||
| 13 | exist, or if the officer has reasonable articulable | ||||||
| 14 | suspicion that a victim or witness, or confidential | ||||||
| 15 | informant has committed or is in the process of committing | ||||||
| 16 | a crime. Under these circumstances, and unless impractical | ||||||
| 17 | or impossible, the officer must indicate on the recording | ||||||
| 18 | the reason for continuing to record despite the request of | ||||||
| 19 | the victim or witness. | ||||||
| 20 | (4.5) Cameras may be turned off when the officer is | ||||||
| 21 | engaged in community caretaking functions. However, the | ||||||
| 22 | camera must be turned on when the officer has reason to | ||||||
| 23 | believe that the person on whose behalf the officer is | ||||||
| 24 | performing a community caretaking function has committed | ||||||
| 25 | or is in the process of committing a crime. If exigent | ||||||
| 26 | circumstances exist which prevent the camera from being | ||||||
| |||||||
| |||||||
| 1 | turned on, the camera must be turned on as soon as | ||||||
| 2 | practicable. | ||||||
| 3 | (5) The officer must provide notice of recording to | ||||||
| 4 | any person if the person has a reasonable expectation of | ||||||
| 5 | privacy and proof of notice must be evident in the | ||||||
| 6 | recording.
If exigent circumstances exist which prevent | ||||||
| 7 | the officer from providing notice, notice must be provided | ||||||
| 8 | as soon as practicable. | ||||||
| 9 | (6) (A) For the purposes of redaction, labeling, or | ||||||
| 10 | duplicating recordings, access to camera recordings shall | ||||||
| 11 | be restricted to only those personnel responsible for | ||||||
| 12 | those purposes. The recording officer or his or her | ||||||
| 13 | supervisor may not redact, label, duplicate or otherwise | ||||||
| 14 | alter the recording officer's camera recordings. Except as | ||||||
| 15 | otherwise provided in this Section, the recording officer | ||||||
| 16 | and his or her supervisor may access and review recordings | ||||||
| 17 | prior to completing incident reports or other | ||||||
| 18 | documentation, provided that the officer or his or her | ||||||
| 19 | supervisor discloses that fact in the report or | ||||||
| 20 | documentation. | ||||||
| 21 | (i) A law enforcement officer shall not have | ||||||
| 22 | access to or review his or her body-worn
camera | ||||||
| 23 | recordings or the body-worn camera recordings of | ||||||
| 24 | another officer prior to completing incident reports | ||||||
| 25 | or other documentation when the officer: | ||||||
| 26 | (a) has been involved in or is a witness to an | ||||||
| |||||||
| |||||||
| 1 | officer-involved shooting, use of deadly force | ||||||
| 2 | incident, or use of force incidents resulting in | ||||||
| 3 | great bodily harm; | ||||||
| 4 | (b) is ordered to write a report in response | ||||||
| 5 | to or during the investigation of a misconduct | ||||||
| 6 | complaint against the officer. | ||||||
| 7 | (ii) If the officer subject to subparagraph (i) | ||||||
| 8 | prepares a report, any report shall be prepared | ||||||
| 9 | without viewing body-worn camera recordings, and | ||||||
| 10 | subject to supervisor's approval, officers may file | ||||||
| 11 | amendatory reports after viewing body-worn camera | ||||||
| 12 | recordings. Supplemental reports under this provision | ||||||
| 13 | shall also contain documentation regarding access to | ||||||
| 14 | the video footage. | ||||||
| 15 | (B) The recording officer's assigned field | ||||||
| 16 | training officer may access and review recordings for | ||||||
| 17 | training purposes. Any detective or investigator | ||||||
| 18 | directly involved in the investigation of a matter may | ||||||
| 19 | access and review recordings which pertain to that | ||||||
| 20 | investigation but may not have access to delete or | ||||||
| 21 | alter such recordings. | ||||||
| 22 | (7) Recordings made on officer-worn cameras must be | ||||||
| 23 | retained by the law enforcement agency or by the camera | ||||||
| 24 | vendor used by the agency, on a recording medium for a | ||||||
| 25 | period of 90 days. | ||||||
| 26 | (A) Under no circumstances shall any recording, | ||||||
| |||||||
| |||||||
| 1 | except for a non-law enforcement related activity or | ||||||
| 2 | encounter, made with an officer-worn body camera be | ||||||
| 3 | altered, erased, or destroyed prior to the expiration | ||||||
| 4 | of the 90-day storage period.
In the event any | ||||||
| 5 | recording made with an officer-worn body camera is | ||||||
| 6 | altered, erased, or destroyed prior to the expiration | ||||||
| 7 | of the 90-day storage period, the law enforcement | ||||||
| 8 | agency shall maintain, for a period of one year, a | ||||||
| 9 | written record including (i) the name of the | ||||||
| 10 | individual who made such alteration, erasure, or | ||||||
| 11 | destruction, and (ii) the reason for any such | ||||||
| 12 | alteration, erasure, or destruction. | ||||||
| 13 | (B) Following the 90-day storage period, any and | ||||||
| 14 | all recordings made with an officer-worn body camera | ||||||
| 15 | must be destroyed, unless any encounter captured on | ||||||
| 16 | the recording has been flagged. An encounter is deemed | ||||||
| 17 | to be flagged when:
| ||||||
| 18 | (i) a formal or informal complaint has been | ||||||
| 19 | filed; | ||||||
| 20 | (ii) the officer discharged his or her firearm | ||||||
| 21 | or used force during the encounter;
| ||||||
| 22 | (iii) death or great bodily harm occurred to | ||||||
| 23 | any person in the recording;
| ||||||
| 24 | (iv) the encounter resulted in a detention or | ||||||
| 25 | an arrest, excluding traffic stops which resulted | ||||||
| 26 | in only a minor traffic offense or business | ||||||
| |||||||
| |||||||
| 1 | offense; | ||||||
| 2 | (v) the officer is the subject of an internal | ||||||
| 3 | investigation or otherwise being investigated for | ||||||
| 4 | possible misconduct;
| ||||||
| 5 | (vi) the supervisor of the officer, | ||||||
| 6 | prosecutor, defendant, or court determines that | ||||||
| 7 | the encounter has evidentiary value in a criminal | ||||||
| 8 | prosecution; or | ||||||
| 9 | (vii) the recording officer requests that the | ||||||
| 10 | video be flagged for official purposes related to | ||||||
| 11 | his or her official duties. | ||||||
| 12 | (C) Under no circumstances shall any recording | ||||||
| 13 | made with an officer-worn body camera relating to a | ||||||
| 14 | flagged encounter be altered or destroyed prior to 2 | ||||||
| 15 | years after the recording was flagged. If the flagged | ||||||
| 16 | recording was used in a criminal, civil, or | ||||||
| 17 | administrative proceeding, the recording shall not be | ||||||
| 18 | destroyed except upon a final disposition and order | ||||||
| 19 | from the court. | ||||||
| 20 | (8) Following the 90-day storage period, recordings | ||||||
| 21 | may be retained if a supervisor at the law enforcement | ||||||
| 22 | agency designates the recording for training purposes. If | ||||||
| 23 | the recording is designated for training purposes, the | ||||||
| 24 | recordings may be viewed by officers, in the presence of a | ||||||
| 25 | supervisor or training instructor, for the purposes of | ||||||
| 26 | instruction, training, or ensuring compliance with agency | ||||||
| |||||||
| |||||||
| 1 | policies.
| ||||||
| 2 | (9) Recordings shall not be used to discipline law | ||||||
| 3 | enforcement officers unless: | ||||||
| 4 | (A) a formal or informal complaint of misconduct | ||||||
| 5 | has been made; | ||||||
| 6 | (B) a use of force incident has occurred; | ||||||
| 7 | (C) the encounter on the recording could result in | ||||||
| 8 | a formal investigation under the Uniform Peace | ||||||
| 9 | Officers' Disciplinary Act; or | ||||||
| 10 | (D) as corroboration of other evidence of | ||||||
| 11 | misconduct. | ||||||
| 12 | Nothing in this paragraph (9) shall be construed to | ||||||
| 13 | limit or prohibit a law enforcement officer from being | ||||||
| 14 | subject to an action that does not amount to discipline. | ||||||
| 15 | (10) The law enforcement agency shall ensure proper | ||||||
| 16 | care and maintenance of officer-worn body cameras. Upon | ||||||
| 17 | becoming aware, officers must as soon as practical | ||||||
| 18 | document and notify the appropriate supervisor of any | ||||||
| 19 | technical difficulties, failures, or problems with the | ||||||
| 20 | officer-worn body camera or associated equipment. Upon | ||||||
| 21 | receiving notice, the appropriate supervisor shall make | ||||||
| 22 | every reasonable effort to correct and repair any of the | ||||||
| 23 | officer-worn body camera equipment. | ||||||
| 24 | (11) No officer may hinder or prohibit any person, not | ||||||
| 25 | a law enforcement officer, from recording a law | ||||||
| 26 | enforcement officer in the performance of his or her | ||||||
| |||||||
| |||||||
| 1 | duties in a public place or when the officer has no | ||||||
| 2 | reasonable expectation of privacy.
The law enforcement | ||||||
| 3 | agency's written policy shall indicate the potential | ||||||
| 4 | criminal penalties, as well as any departmental | ||||||
| 5 | discipline, which may result from unlawful confiscation or | ||||||
| 6 | destruction of the recording medium of a person who is not | ||||||
| 7 | a law enforcement officer. However, an officer may take | ||||||
| 8 | reasonable action to maintain safety and control, secure | ||||||
| 9 | crime scenes and accident sites, protect the integrity and | ||||||
| 10 | confidentiality of investigations, and protect the public | ||||||
| 11 | safety and order. | ||||||
| 12 | (b) Recordings made with the use of an officer-worn body | ||||||
| 13 | camera are not subject to disclosure under the Freedom of | ||||||
| 14 | Information Act, except that: | ||||||
| 15 | (1) if the subject of the encounter has a reasonable | ||||||
| 16 | expectation of privacy, at the time of the recording, any | ||||||
| 17 | recording which is flagged, due to the filing of a | ||||||
| 18 | complaint, discharge of a firearm, use of force, arrest or | ||||||
| 19 | detention, or resulting death or bodily harm, shall be | ||||||
| 20 | disclosed in accordance with the Freedom of Information | ||||||
| 21 | Act if: | ||||||
| 22 | (A) the subject of the encounter captured on the | ||||||
| 23 | recording is a victim or witness; and | ||||||
| 24 | (B) the law enforcement agency obtains written | ||||||
| 25 | permission of the subject or the subject's legal | ||||||
| 26 | representative; | ||||||
| |||||||
| |||||||
| 1 | (2) except as provided in paragraph (1) of this | ||||||
| 2 | subsection (b), any recording which is flagged due to the | ||||||
| 3 | filing of a complaint, discharge of a firearm, use of | ||||||
| 4 | force, arrest or detention, or resulting death or bodily | ||||||
| 5 | harm shall be disclosed in accordance with the Freedom of | ||||||
| 6 | Information Act; and | ||||||
| 7 | (3) upon request, the law enforcement agency shall | ||||||
| 8 | disclose, in accordance with the Freedom of Information | ||||||
| 9 | Act, the recording to the subject of the encounter | ||||||
| 10 | captured on the recording or to the subject's attorney, or | ||||||
| 11 | the officer or his or her legal representative. | ||||||
| 12 | For the purposes of paragraph (1) of this subsection (b), | ||||||
| 13 | the subject of the encounter does not have a reasonable | ||||||
| 14 | expectation of privacy if the subject was arrested as a result | ||||||
| 15 | of the encounter. For purposes of subparagraph (A) of | ||||||
| 16 | paragraph (1) of this subsection (b), "witness" does not | ||||||
| 17 | include a person who is a victim or who was arrested as a | ||||||
| 18 | result of the encounter.
| ||||||
| 19 | Only recordings or portions of recordings responsive to | ||||||
| 20 | the request shall be available for inspection or reproduction. | ||||||
| 21 | Any recording disclosed under the Freedom of Information Act | ||||||
| 22 | shall be redacted to remove identification of any person that | ||||||
| 23 | appears on the recording and is not the officer, a subject of | ||||||
| 24 | the encounter, or directly involved in the encounter. Nothing | ||||||
| 25 | in this subsection (b) shall require the disclosure of any | ||||||
| 26 | recording or portion of any recording which would be exempt | ||||||
| |||||||
| |||||||
| 1 | from disclosure under the Freedom of Information Act. | ||||||
| 2 | (c) Nothing in this Section shall limit access to a camera | ||||||
| 3 | recording for the purposes of complying with Supreme Court | ||||||
| 4 | rules or the rules of evidence.
| ||||||
| 5 | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | ||||||
| 6 | revised 7-30-21.)
| ||||||
| 7 | (50 ILCS 706/10-25)
| ||||||
| 8 | Sec. 10-25. Reporting. | ||||||
| 9 | (a) Each law enforcement agency which employs the use of | ||||||
| 10 | officer-worn body cameras must provide an annual report on the | ||||||
| 11 | use of officer-worn body cameras to the Board, on or before May | ||||||
| 12 | 1 of the year. The report shall include:
| ||||||
| 13 | (1) a brief overview of the makeup of the agency, | ||||||
| 14 | including the number of officers utilizing officer-worn | ||||||
| 15 | body cameras; | ||||||
| 16 | (2) the number of officer-worn body cameras utilized | ||||||
| 17 | by the law enforcement agency; | ||||||
| 18 | (3) any technical issues with the equipment and how | ||||||
| 19 | those issues were remedied; | ||||||
| 20 | (4) a brief description of the review process used by | ||||||
| 21 | supervisors within the law enforcement agency; | ||||||
| 22 | (5) for each recording used in prosecutions of | ||||||
| 23 | conservation, criminal, or traffic offenses or municipal | ||||||
| 24 | ordinance violations: | ||||||
| 25 | (A) the time, date, location, and precinct of the | ||||||
| |||||||
| |||||||
| 1 | incident; | ||||||
| 2 | (B) the offense charged and the date charges were | ||||||
| 3 | filed; and | ||||||
| 4 | (6) any other information relevant to the | ||||||
| 5 | administration of the program. | ||||||
| 6 | (b) On or before July 30 of each year, the Board must | ||||||
| 7 | analyze the law enforcement agency reports and provide an | ||||||
| 8 | annual report to the General Assembly and the Governor.
| ||||||
| 9 | (Source: P.A. 99-352, eff. 1-1-16; 101-652.)
| ||||||
| 10 | Section 105. The Uniform Crime Reporting Act is amended by | ||||||
| 11 | changing Sections 5-10, 5-12, and 5-20 as follows:
| ||||||
| 12 | (50 ILCS 709/5-10)
| ||||||
| 13 | Sec. 5-10. Central repository of crime statistics. The | ||||||
| 14 | Illinois State Police shall be a central repository and | ||||||
| 15 | custodian of crime statistics for the State and shall have all | ||||||
| 16 | the power necessary to carry out the purposes of this Act, | ||||||
| 17 | including the power to demand and receive cooperation in the | ||||||
| 18 | submission of crime statistics from all law enforcement | ||||||
| 19 | agencies. All data and information provided to the Illinois | ||||||
| 20 | State Police under this Act must be provided in a manner and | ||||||
| 21 | form prescribed by the Illinois State Police. On an annual | ||||||
| 22 | basis, the Illinois State Police shall make available | ||||||
| 23 | compilations of crime statistics and monthly reporting | ||||||
| 24 | required to be reported by each law enforcement agency.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21; | ||||||
| 2 | revised 10-15-21.)
| ||||||
| 3 | (50 ILCS 709/5-12) | ||||||
| 4 | Sec. 5-12. Monthly reporting. All law enforcement agencies | ||||||
| 5 | shall submit to the Illinois State Police on a monthly basis | ||||||
| 6 | the following: | ||||||
| 7 | (1) beginning January 1, 2016, a report on any | ||||||
| 8 | arrest-related death that shall include information | ||||||
| 9 | regarding the deceased, the officer, any weapon used by | ||||||
| 10 | the officer or the deceased, and the circumstances of the | ||||||
| 11 | incident. The Illinois State Police shall submit on a | ||||||
| 12 | quarterly basis all information collected under this | ||||||
| 13 | paragraph (1) to the Illinois Criminal Justice Information | ||||||
| 14 | Authority, contingent upon updated federal guidelines | ||||||
| 15 | regarding the Uniform Crime Reporting Program; | ||||||
| 16 | (2) beginning January 1, 2017, a report on any | ||||||
| 17 | instance when a law enforcement officer discharges his or | ||||||
| 18 | her firearm causing a non-fatal injury to a person, during | ||||||
| 19 | the performance of his or her official duties or in the | ||||||
| 20 | line of duty; | ||||||
| 21 | (3) a report of incident-based information on hate | ||||||
| 22 | crimes including information describing the offense, | ||||||
| 23 | location of the offense, type of victim, offender, and | ||||||
| 24 | bias motivation. If no hate crime incidents occurred | ||||||
| 25 | during a reporting month, the law enforcement agency must | ||||||
| |||||||
| |||||||
| 1 | submit a no incident record, as required by the Illinois | ||||||
| 2 | State Police; | ||||||
| 3 | (4) a report on any incident of an alleged commission | ||||||
| 4 | of a domestic crime, that shall include information | ||||||
| 5 | regarding the victim, offender, date and time of the | ||||||
| 6 | incident, any injury inflicted, any weapons involved in | ||||||
| 7 | the commission of the offense, and the relationship | ||||||
| 8 | between the victim and the offender; | ||||||
| 9 | (5) data on an index of offenses selected by the | ||||||
| 10 | Illinois State Police based on the seriousness of the | ||||||
| 11 | offense, frequency of occurrence of the offense, and | ||||||
| 12 | likelihood of being reported to law enforcement. The data | ||||||
| 13 | shall include the number of index crime offenses committed | ||||||
| 14 | and number of associated arrests; and | ||||||
| 15 | (6) data on offenses and incidents reported by schools | ||||||
| 16 | to local law enforcement. The data shall include offenses | ||||||
| 17 | defined as an attack against school personnel, | ||||||
| 18 | intimidation offenses, drug incidents, and incidents | ||||||
| 19 | involving weapons;.
| ||||||
| 20 | (7) beginning on July 1, 2021, a report on incidents | ||||||
| 21 | where a law enforcement officer was dispatched to deal | ||||||
| 22 | with a person experiencing a mental health crisis or | ||||||
| 23 | incident. The report shall include the number of | ||||||
| 24 | incidents, the level of law enforcement response and the | ||||||
| 25 | outcome of each incident. For purposes of this Section, a | ||||||
| 26 | "mental health crisis" is when a person's behavior puts | ||||||
| |||||||
| |||||||
| 1 | them at risk of hurting themselves or others or prevents | ||||||
| 2 | them from being able to care for themselves; | ||||||
| 3 | (8) beginning on July 1, 2021, a report on use of | ||||||
| 4 | force, including any action that resulted in the death or | ||||||
| 5 | serious bodily injury of a person or the discharge of a | ||||||
| 6 | firearm at or in the direction of a person. The report | ||||||
| 7 | shall include information required by the Department, | ||||||
| 8 | pursuant to Section 5-11 of this Act. | ||||||
| 9 | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | ||||||
| 10 | 102-538, eff. 8-20-21; revised 10-15-21.)
| ||||||
| 11 | (50 ILCS 709/5-20)
| ||||||
| 12 | Sec. 5-20. Reporting compliance. The Illinois State Police | ||||||
| 13 | shall annually report to the Illinois Law Enforcement Training | ||||||
| 14 | Standards Board and the Department of Revenue any law | ||||||
| 15 | enforcement agency not in compliance with the reporting | ||||||
| 16 | requirements under this Act. A law enforcement agency's | ||||||
| 17 | compliance with the reporting requirements under this Act | ||||||
| 18 | shall be a factor considered by the Illinois Law Enforcement | ||||||
| 19 | Training Standards Board in awarding grant funding under the | ||||||
| 20 | Law Enforcement Camera Grant Act, with preference to law | ||||||
| 21 | enforcement agencies which are in compliance with reporting | ||||||
| 22 | requirements under this Act.
| ||||||
| 23 | (Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21; | ||||||
| 24 | revised 10-15-21.)
| ||||||
| |||||||
| |||||||
| 1 | (50 ILCS 709/5-11 rep.) | ||||||
| 2 | Section 110. The Uniform Crime Reporting Act is amended by | ||||||
| 3 | repealing Section 5-11.
| ||||||
| 4 | Section 115. The Uniform Peace Officers' Disciplinary Act | ||||||
| 5 | is amended by changing Sections 3.2, 3.4, and 3.8 as follows:
| ||||||
| 6 | (50 ILCS 725/3.2) (from Ch. 85, par. 2555)
| ||||||
| 7 | Sec. 3.2.
No officer shall be subjected to interrogation | ||||||
| 8 | without first
being informed in writing of the nature of the | ||||||
| 9 | investigation. If an administrative
proceeding is instituted, | ||||||
| 10 | the officer shall be informed beforehand of the
names of all | ||||||
| 11 | complainants. The information shall be sufficient as to | ||||||
| 12 | reasonably
apprise the officer of the nature of the | ||||||
| 13 | investigation.
| ||||||
| 14 | (Source: P.A. 83-981; 101-652.)
| ||||||
| 15 | (50 ILCS 725/3.4) (from Ch. 85, par. 2557)
| ||||||
| 16 | Sec. 3.4. The officer under investigation shall be | ||||||
| 17 | informed in writing of the
name, rank and unit or command of | ||||||
| 18 | the officer in charge of the investigation,
the interrogators, | ||||||
| 19 | and all persons who will be present on the behalf of the | ||||||
| 20 | employer during any interrogation except
at a public | ||||||
| 21 | administrative proceeding. The officer under investigation | ||||||
| 22 | shall inform the employer of any person who will be present on | ||||||
| 23 | his or her behalf during any interrogation except at a public | ||||||
| |||||||
| |||||||
| 1 | administrative hearing.
| ||||||
| 2 | (Source: P.A. 94-344, eff. 1-1-06; 101-652.)
| ||||||
| 3 | (50 ILCS 725/3.8) (from Ch. 85, par. 2561)
| ||||||
| 4 | Sec. 3.8. Admissions; counsel; verified complaint.
| ||||||
| 5 | (a) No officer shall be interrogated without first being | ||||||
| 6 | advised
in writing that admissions made in the course of the | ||||||
| 7 | interrogation may be
used as evidence of misconduct or as the | ||||||
| 8 | basis for charges seeking suspension,
removal, or discharge; | ||||||
| 9 | and without first being advised in writing that he
or she has | ||||||
| 10 | the right to counsel of his or her choosing who may be present
| ||||||
| 11 | to advise him or her at any stage of any interrogation.
| ||||||
| 12 | (b) It shall not be a requirement for a person Anyone | ||||||
| 13 | filing a complaint against a sworn peace officer to must have | ||||||
| 14 | the
complaint supported by a sworn affidavit or any other | ||||||
| 15 | legal documentation. This ban on an affidavit requirement | ||||||
| 16 | shall apply to any collective bargaining agreements entered | ||||||
| 17 | after the effective date of this provision. Any complaint, | ||||||
| 18 | having been supported by a sworn affidavit, and having been | ||||||
| 19 | found, in total or in part, to contain knowingly false | ||||||
| 20 | material information, shall be presented to the appropriate | ||||||
| 21 | State's Attorney for a determination of prosecution.
| ||||||
| 22 | (Source: P.A. 97-472, eff. 8-22-11; 101-652.)
| ||||||
| 23 | Section 120. The Uniform Peace Officers' Disciplinary Act | ||||||
| 24 | is amended by reenacting Section 6 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (50 ILCS 725/6) (from Ch. 85, par. 2567)
| ||||||
| 2 | Sec. 6.
Except as otherwise provided in this Act, the | ||||||
| 3 | provisions of this Act apply only to the extent there is
no | ||||||
| 4 | collective bargaining agreement currently in effect dealing | ||||||
| 5 | with the
subject matter of this Act.
| ||||||
| 6 | (Source: P.A. 100-911, eff. 8-17-18.)
| ||||||
| 7 | (50 ILCS 727/1-35 rep.) | ||||||
| 8 | Section 125. The Police and Community Relations | ||||||
| 9 | Improvement Act is amended by repealing Section 1-35.
| ||||||
| 10 | Section 130. The Counties Code is amended by changing | ||||||
| 11 | Sections 4-5001, 4-12001, and 4-12001.1 as follows:
| ||||||
| 12 | (55 ILCS 5/4-5001) (from Ch. 34, par. 4-5001)
| ||||||
| 13 | Sec. 4-5001. Sheriffs; counties of first and second class. | ||||||
| 14 | The fees of
sheriffs in counties of the first and second class, | ||||||
| 15 | except when increased
by county ordinance under this Section, | ||||||
| 16 | shall be as follows:
| ||||||
| 17 | For serving or attempting to serve summons on each | ||||||
| 18 | defendant
in each county, $10.
| ||||||
| 19 | For serving or attempting to serve an order or judgment | ||||||
| 20 | granting injunctive
relief in each county, $10.
| ||||||
| 21 | For serving or attempting to serve each garnishee in each | ||||||
| 22 | county, $10.
| ||||||
| |||||||
| |||||||
| 1 | For serving or attempting to serve an order for replevin | ||||||
| 2 | in each county,
$10.
| ||||||
| 3 | For serving or attempting to serve an order for attachment | ||||||
| 4 | on each
defendant in each county, $10.
| ||||||
| 5 | For serving or attempting to serve a warrant of arrest, | ||||||
| 6 | $8, to be paid
upon conviction.
| ||||||
| 7 | For returning a defendant from outside the State of | ||||||
| 8 | Illinois, upon
conviction, the court shall assess, as court | ||||||
| 9 | costs, the cost of returning a
defendant to the jurisdiction.
| ||||||
| 10 | For taking special bail, $1 in each county.
| ||||||
| 11 | For serving or attempting to serve a subpoena on each
| ||||||
| 12 | witness, in each county, $10.
| ||||||
| 13 | For advertising property for sale, $5.
| ||||||
| 14 | For returning each process, in each county, $5.
| ||||||
| 15 | Mileage for each mile of necessary travel to serve any | ||||||
| 16 | such
process as Stated above, calculating from the place of | ||||||
| 17 | holding court to
the place of residence of the defendant, or | ||||||
| 18 | witness, 50¢ each way.
| ||||||
| 19 | For summoning each juror, $3 with 30¢ mileage each way in | ||||||
| 20 | all counties.
| ||||||
| 21 | For serving or attempting to serve notice of judgments or | ||||||
| 22 | levying to
enforce a judgment, $3 with 50¢ mileage each way in | ||||||
| 23 | all counties.
| ||||||
| 24 | For taking possession of and removing property levied on, | ||||||
| 25 | the officer
shall be allowed to tax the actual cost of such | ||||||
| 26 | possession or removal.
| ||||||
| |||||||
| |||||||
| 1 | For feeding each prisoner, such compensation to cover the | ||||||
| 2 | actual cost
as may be fixed by the county board, but such | ||||||
| 3 | compensation shall not be
considered a part of the fees of the | ||||||
| 4 | office.
| ||||||
| 5 | For attending before a court with prisoner, on an order | ||||||
| 6 | for habeas
corpus, in each county, $10 per day.
| ||||||
| 7 | For attending before a court with a prisoner in any | ||||||
| 8 | criminal
proceeding, in each county, $10 per day.
| ||||||
| 9 | For each mile of necessary travel in taking such prisoner | ||||||
| 10 | before the
court as stated above, 15¢ a mile each way.
| ||||||
| 11 | For serving or attempting to serve an order or judgment | ||||||
| 12 | for the
possession of real estate in an action of ejectment or | ||||||
| 13 | in any other action,
or for restitution in an eviction action | ||||||
| 14 | without aid,
$10 and when aid is necessary, the sheriff shall | ||||||
| 15 | be allowed to tax in
addition the actual costs thereof, and for | ||||||
| 16 | each mile of necessary travel,
50¢ each way.
| ||||||
| 17 | For executing and acknowledging a deed of sale of real | ||||||
| 18 | estate, in
counties of first class, $4; second class, $4.
| ||||||
| 19 | For preparing, executing and acknowledging a deed on | ||||||
| 20 | redemption from
a court sale of real estate in counties of | ||||||
| 21 | first class, $5; second
class, $5.
| ||||||
| 22 | For making certificates of sale, and making and filing | ||||||
| 23 | duplicate, in
counties of first class, $3; in counties of the | ||||||
| 24 | second class, $3.
| ||||||
| 25 | For making certificate of redemption, $3.
| ||||||
| 26 | For certificate of levy and filing, $3, and the fee for | ||||||
| |||||||
| |||||||
| 1 | recording
shall be advanced by the judgment creditor and | ||||||
| 2 | charged as costs.
| ||||||
| 3 | For taking all civil bonds on legal process, civil and | ||||||
| 4 | criminal, in counties of
first class,
$1; in second class, $1.
| ||||||
| 5 | For executing copies in criminal cases, $4 and mileage for | ||||||
| 6 | each mile
of necessary travel, 20¢ each way.
| ||||||
| 7 | For executing requisitions from other states, $5.
| ||||||
| 8 | For conveying each prisoner from the prisoner's own county | ||||||
| 9 | to the jail
of another county, or from another county to the | ||||||
| 10 | jail of the prisoner's county,
per mile, for going, only, 30¢.
| ||||||
| 11 | For conveying persons to the penitentiary, reformatories, | ||||||
| 12 | Illinois
State Training School for Boys, Illinois State | ||||||
| 13 | Training School for Girls
and Reception Centers, the following | ||||||
| 14 | fees, payable out of the State treasury. For each person who is | ||||||
| 15 | conveyed, 35¢ per mile in going only to
the penitentiary, | ||||||
| 16 | reformatory, Illinois State Training School for Boys,
Illinois | ||||||
| 17 | State Training School for Girls and Reception Centers, from | ||||||
| 18 | the
place of conviction.
| ||||||
| 19 | The fees provided for transporting persons to the | ||||||
| 20 | penitentiary,
reformatories, Illinois State Training School | ||||||
| 21 | for Boys, Illinois State
Training School for Girls and | ||||||
| 22 | Reception Centers shall be paid for each
trip so made. Mileage | ||||||
| 23 | as used in this Section means the shortest
practical route, | ||||||
| 24 | between the place from which the person is to be
transported, | ||||||
| 25 | to the penitentiary, reformatories, Illinois State Training
| ||||||
| 26 | School for Boys, Illinois State Training School for Girls and | ||||||
| |||||||
| |||||||
| 1 | Reception
Centers and all fees per mile shall be computed on | ||||||
| 2 | such basis.
| ||||||
| 3 | For conveying any person to or from any of the charitable
| ||||||
| 4 | institutions of the State, when properly committed by | ||||||
| 5 | competent
authority, when one person is conveyed, 35¢ per | ||||||
| 6 | mile; when two persons
are conveyed at the same time, 35¢ per | ||||||
| 7 | mile for the first person and 20¢
per mile for the second | ||||||
| 8 | person; and 10¢ per mile for each additional person.
| ||||||
| 9 | For conveying a person from the penitentiary to the county | ||||||
| 10 | jail when
required by law, 35¢ per mile.
| ||||||
| 11 | For attending Supreme Court, $10 per day.
| ||||||
| 12 | In addition to the above fees there shall be allowed to the | ||||||
| 13 | sheriff a fee
of $600 for the sale of real estate which is made | ||||||
| 14 | by virtue of
any judgment of a court, except that in the case | ||||||
| 15 | of a sale of unimproved
real estate which sells for $10,000 or | ||||||
| 16 | less, the fee shall be $150.
In addition to this fee and all | ||||||
| 17 | other fees provided by this Section, there
shall be allowed to | ||||||
| 18 | the sheriff a fee in accordance with the following
schedule | ||||||
| 19 | for the sale of personal estate which is made by virtue of any
| ||||||
| 20 | judgment of a court:
| ||||||
| 21 | For judgments up to $1,000, $75;
| ||||||
| 22 | For judgments from $1,001 to $15,000, $150;
| ||||||
| 23 | For judgments over $15,000, $300.
| ||||||
| 24 | The foregoing fees allowed by this Section are the maximum | ||||||
| 25 | fees that
may be collected from any officer, agency, | ||||||
| 26 | department or other
instrumentality of the State. The county | ||||||
| |||||||
| |||||||
| 1 | board may, however, by ordinance,
increase the fees allowed by | ||||||
| 2 | this Section and collect those increased fees
from all persons | ||||||
| 3 | and entities other than officers, agencies, departments
and | ||||||
| 4 | other instrumentalities of the State if the increase is | ||||||
| 5 | justified by an
acceptable cost study showing that the fees | ||||||
| 6 | allowed by this Section are not
sufficient to cover the costs | ||||||
| 7 | of providing the service. A statement of the
costs of | ||||||
| 8 | providing each service, program and activity shall be prepared | ||||||
| 9 | by
the county board. All supporting documents shall be public | ||||||
| 10 | records and
subject to public examination and audit. All | ||||||
| 11 | direct and indirect costs, as
defined in the United States | ||||||
| 12 | Office of Management and Budget Circular A-87,
may be included | ||||||
| 13 | in the determination of the costs of each service,
program and | ||||||
| 14 | activity.
| ||||||
| 15 | In all cases where the judgment is settled by the parties, | ||||||
| 16 | replevied,
stopped by injunction or paid, or where the | ||||||
| 17 | property levied upon is not
actually sold, the sheriff shall | ||||||
| 18 | be allowed his fee for levying and
mileage, together with half | ||||||
| 19 | the fee for all money collected by him which he
would be | ||||||
| 20 | entitled to if the same was made by sale to enforce the | ||||||
| 21 | judgment.
In no case shall the fee exceed the amount of money | ||||||
| 22 | arising from the sale.
| ||||||
| 23 | The fee requirements of this Section do not apply to | ||||||
| 24 | police departments
or other law enforcement agencies. For the | ||||||
| 25 | purposes of this Section, "law
enforcement agency" means an | ||||||
| 26 | agency of the State or unit of local government
which is vested | ||||||
| |||||||
| |||||||
| 1 | by law or ordinance with the duty to maintain public order
and | ||||||
| 2 | to enforce criminal laws.
| ||||||
| 3 | (Source: P.A. 100-173, eff. 1-1-18; 100-863, eff. 8-14-18; | ||||||
| 4 | 101-652.)
| ||||||
| 5 | (55 ILCS 5/4-12001) (from Ch. 34, par. 4-12001)
| ||||||
| 6 | Sec. 4-12001. Fees of sheriff in third class counties. The | ||||||
| 7 | officers herein named, in counties of the third class,
shall | ||||||
| 8 | be entitled to receive the fees herein specified, for the | ||||||
| 9 | services
mentioned and such other fees as may be provided by | ||||||
| 10 | law for such other
services not herein designated.
| ||||||
| 11 | Fees for Sheriff
| ||||||
| 12 | For serving or attempting to serve any summons on each | ||||||
| 13 | defendant, $35.
| ||||||
| 14 | For serving or attempting to serve each alias summons or | ||||||
| 15 | other process
mileage will be charged as hereinafter provided | ||||||
| 16 | when the address for
service differs from the address for | ||||||
| 17 | service on the original summons or
other process.
| ||||||
| 18 | For serving or attempting to serve all other process, on | ||||||
| 19 | each defendant, $35.
| ||||||
| 20 | For serving or attempting to serve a subpoena on each | ||||||
| 21 | witness, $35.
| ||||||
| 22 | For serving or attempting to serve each warrant, $35.
| ||||||
| 23 | For serving or attempting to serve each garnishee, $35.
| ||||||
| 24 | For summoning each juror, $10.
| ||||||
| 25 | For serving or attempting to serve each order or judgment | ||||||
| |||||||
| |||||||
| 1 | for replevin, $35.
| ||||||
| 2 | For serving or attempting to serve an order for | ||||||
| 3 | attachment, on each
defendant, $35.
| ||||||
| 4 | For serving or attempting to serve an order or judgment | ||||||
| 5 | for the
possession of real estate in an action of ejectment or | ||||||
| 6 | in any other action,
or for restitution in an eviction action, | ||||||
| 7 | without
aid, $35, and when aid is necessary, the sheriff shall | ||||||
| 8 | be allowed to tax in
addition the actual costs thereof.
| ||||||
| 9 | For serving or attempting to serve notice of judgment, | ||||||
| 10 | $35.
| ||||||
| 11 | For levying to satisfy an order in an action for | ||||||
| 12 | attachment, $25.
| ||||||
| 13 | For executing order of court to seize personal property, | ||||||
| 14 | $25.
| ||||||
| 15 | For making certificate of levy on real estate and filing | ||||||
| 16 | or recording
same, $8, and the fee for filing or recording | ||||||
| 17 | shall be advanced by the
plaintiff in attachment or by the | ||||||
| 18 | judgment creditor and taxed as costs.
For taking possession of | ||||||
| 19 | or removing property levied on, the sheriff
shall be allowed | ||||||
| 20 | to tax the necessary actual costs of such possession or
| ||||||
| 21 | removal.
| ||||||
| 22 | For advertising property for sale, $20.
| ||||||
| 23 | For making certificate of sale and making and filing | ||||||
| 24 | duplicate for
record, $15, and the fee for recording same | ||||||
| 25 | shall be advanced by the
judgment creditor and taxed as costs.
| ||||||
| 26 | For preparing, executing and acknowledging deed on | ||||||
| |||||||
| |||||||
| 1 | redemption from a
court sale of real estate, $15; for | ||||||
| 2 | preparing, executing and
acknowledging all other deeds on sale | ||||||
| 3 | of real estate, $10.
| ||||||
| 4 | For making and filing certificate of redemption, $15, and | ||||||
| 5 | the fee
for recording same shall be advanced by party making | ||||||
| 6 | the redemption and
taxed as costs.
| ||||||
| 7 | For making and filing certificate of redemption from a | ||||||
| 8 | court sale,
$11, and the fee for recording same shall be | ||||||
| 9 | advanced by the party
making the redemption and taxed as | ||||||
| 10 | costs.
| ||||||
| 11 | For taking all bonds on legal process, $10.
| ||||||
| 12 | For taking special bail, $5.
| ||||||
| 13 | For returning each process, $15.
| ||||||
| 14 | Mileage for service or attempted service of all process is | ||||||
| 15 | a $10 flat fee.
| ||||||
| 16 | For attending before a court with a prisoner on an order | ||||||
| 17 | for habeas
corpus, $9 per day.
| ||||||
| 18 | For executing requisitions from other States, $13.
| ||||||
| 19 | For conveying each prisoner from the prisoner's county to | ||||||
| 20 | the jail of
another county, per mile for going only, 25¢.
| ||||||
| 21 | For committing to or discharging each prisoner from jail, | ||||||
| 22 | $3.
| ||||||
| 23 | For feeding each prisoner, such compensation to cover | ||||||
| 24 | actual costs as
may be fixed by the county board, but such | ||||||
| 25 | compensation shall not be
considered a part of the fees of the | ||||||
| 26 | office.
| ||||||
| |||||||
| |||||||
| 1 | For committing each prisoner to jail under the laws of the | ||||||
| 2 | United
States, to be paid by the marshal or other person | ||||||
| 3 | requiring his
confinement, $3.
| ||||||
| 4 | For feeding such prisoners per day, $3, to be paid by the | ||||||
| 5 | marshal or
other person requiring the prisoner's confinement.
| ||||||
| 6 | For discharging such prisoners, $3.
| ||||||
| 7 | For conveying persons to the penitentiary, reformatories, | ||||||
| 8 | Illinois
State Training School for Boys, Illinois State | ||||||
| 9 | Training School for
Girls, Reception Centers and Illinois | ||||||
| 10 | Security Hospital, the following
fees, payable out of the | ||||||
| 11 | State Treasury. When one person is conveyed,
20¢ per mile in | ||||||
| 12 | going to the penitentiary, reformatories, Illinois State
| ||||||
| 13 | Training School for Boys, Illinois State Training School for | ||||||
| 14 | Girls,
Reception Centers and Illinois Security Hospital from | ||||||
| 15 | the place of
conviction; when 2 persons are conveyed at the | ||||||
| 16 | same time, 20¢ per mile
for the first and 15¢ per mile for the | ||||||
| 17 | second person; when more than 2
persons are conveyed at the | ||||||
| 18 | same time as Stated above, the sheriff shall
be allowed 20¢ per | ||||||
| 19 | mile for the first, 15¢ per mile
for the second and
10¢ per | ||||||
| 20 | mile for each additional person.
| ||||||
| 21 | The fees provided for herein for transporting persons to | ||||||
| 22 | the
penitentiary, reformatories, Illinois State Training | ||||||
| 23 | School for Boys,
Illinois State Training School for Girls, | ||||||
| 24 | Reception Centers and Illinois
Security Hospital, shall be | ||||||
| 25 | paid for each trip so made. Mileage as used
in this Section | ||||||
| 26 | means the shortest route on a hard surfaced road,
(either | ||||||
| |||||||
| |||||||
| 1 | State Bond Issue Route or Federal highways) or railroad,
| ||||||
| 2 | whichever is shorter, between the place from which the person | ||||||
| 3 | is to be
transported, to the penitentiary, reformatories, | ||||||
| 4 | Illinois State Training
School for Boys, Illinois State | ||||||
| 5 | Training School for Girls, Reception
Centers and Illinois | ||||||
| 6 | Security Hospital, and all fees per mile shall be
computed on | ||||||
| 7 | such basis.
| ||||||
| 8 | In addition to the above fees, there shall be allowed to | ||||||
| 9 | the sheriff
a fee of $900 for the sale of real estate which | ||||||
| 10 | shall be made by virtue
of any judgment of a court. In addition | ||||||
| 11 | to this fee and all other fees
provided by this Section, there | ||||||
| 12 | shall be allowed to the sheriff a fee in
accordance with the | ||||||
| 13 | following schedule for the sale of personal estate
which is | ||||||
| 14 | made by virtue of any judgment of a
court:
| ||||||
| 15 | For judgments up to $1,000, $100;
| ||||||
| 16 | For judgments over $1,000 to $15,000, $300;
| ||||||
| 17 | For judgments over $15,000, $500.
| ||||||
| 18 | In all cases where the judgment is settled by the parties, | ||||||
| 19 | replevied,
stopped by injunction or paid, or where the | ||||||
| 20 | property levied upon is not
actually sold, the sheriff shall | ||||||
| 21 | be allowed the fee for levying and
mileage, together with half | ||||||
| 22 | the fee for all money collected by him or
her which he or she | ||||||
| 23 | would be entitled to if the same were made by sale
in the | ||||||
| 24 | enforcement of a judgment. In no case shall the fee exceed the
| ||||||
| 25 | amount of money arising from the sale.
| ||||||
| 26 | The fee requirements of this Section do not apply to | ||||||
| |||||||
| |||||||
| 1 | police departments
or other law enforcement agencies. For the | ||||||
| 2 | purposes of this Section, "law
enforcement agency" means an | ||||||
| 3 | agency of the State or unit of local government
which is vested | ||||||
| 4 | by law or ordinance with the duty to maintain public order
and | ||||||
| 5 | to enforce criminal laws or ordinances.
| ||||||
| 6 | The fee requirements of this Section do not apply to units | ||||||
| 7 | of local
government or school districts.
| ||||||
| 8 | (Source: P.A. 100-173, eff. 1-1-18; 101-652.)
| ||||||
| 9 | (55 ILCS 5/4-12001.1) (from Ch. 34, par. 4-12001.1)
| ||||||
| 10 | Sec. 4-12001.1. Fees of sheriff in third class counties; | ||||||
| 11 | local
governments and school districts. The officers herein | ||||||
| 12 | named, in counties of
the third class, shall be entitled to | ||||||
| 13 | receive the fees herein specified
from all units of local | ||||||
| 14 | government and school districts, for the services
mentioned | ||||||
| 15 | and such other fees as may be provided by law for such other
| ||||||
| 16 | services not herein designated.
| ||||||
| 17 | Fees for Sheriff
| ||||||
| 18 | For serving or attempting to serve any summons on each | ||||||
| 19 | defendant, $25.
| ||||||
| 20 | For serving or attempting to serve each alias summons or | ||||||
| 21 | other process
mileage will be charged as hereinafter provided | ||||||
| 22 | when the address for
service differs from the address for | ||||||
| 23 | service on the original summons or
other process.
| ||||||
| 24 | For serving or attempting to serve all other process, on | ||||||
| 25 | each defendant, $25.
| ||||||
| |||||||
| |||||||
| 1 | For serving or attempting to serve a subpoena on each | ||||||
| 2 | witness, $25.
| ||||||
| 3 | For serving or attempting to serve each warrant, $25.
| ||||||
| 4 | For serving or attempting to serve each garnishee, $25.
| ||||||
| 5 | For summoning each juror, $4.
| ||||||
| 6 | For serving or attempting to serve each order or judgment | ||||||
| 7 | for replevin, $25.
| ||||||
| 8 | For serving or attempting to serve an order for | ||||||
| 9 | attachment, on each
defendant, $25.
| ||||||
| 10 | For serving or attempting to serve an order or judgment | ||||||
| 11 | for the
possession of real estate in an action of ejectment or | ||||||
| 12 | in any other action,
or for restitution in an eviction action, | ||||||
| 13 | without
aid, $9, and when aid is necessary, the sheriff shall | ||||||
| 14 | be allowed to tax in
addition the actual costs thereof.
| ||||||
| 15 | For serving or attempting to serve notice of judgment, | ||||||
| 16 | $25.
| ||||||
| 17 | For levying to satisfy an order in an action for | ||||||
| 18 | attachment, $25.
| ||||||
| 19 | For executing order of court to seize personal property, | ||||||
| 20 | $25.
| ||||||
| 21 | For making certificate of levy on real estate and filing | ||||||
| 22 | or recording
same, $3, and the fee for filing or recording | ||||||
| 23 | shall be advanced by the
plaintiff in attachment or by the | ||||||
| 24 | judgment creditor and taxed as costs.
For taking possession of | ||||||
| 25 | or removing property levied on, the sheriff
shall be allowed | ||||||
| 26 | to tax the necessary actual costs of such possession or
| ||||||
| |||||||
| |||||||
| 1 | removal.
| ||||||
| 2 | For advertising property for sale, $3.
| ||||||
| 3 | For making certificate of sale and making and filing | ||||||
| 4 | duplicate for
record, $3, and the fee for recording same shall | ||||||
| 5 | be advanced by the
judgment creditor and taxed as costs.
| ||||||
| 6 | For preparing, executing and acknowledging deed on | ||||||
| 7 | redemption from a
court sale of real estate, $6; for | ||||||
| 8 | preparing, executing and
acknowledging all other deeds on sale | ||||||
| 9 | of real estate, $4.
| ||||||
| 10 | For making and filing certificate of redemption, $3.50, | ||||||
| 11 | and the fee
for recording same shall be advanced by party | ||||||
| 12 | making the redemption and
taxed as costs.
| ||||||
| 13 | For making and filing certificate of redemption from a | ||||||
| 14 | court sale,
$4.50, and the fee for recording same shall be | ||||||
| 15 | advanced by the party
making the redemption and taxed as | ||||||
| 16 | costs.
| ||||||
| 17 | For taking all bonds on legal process, $2.
| ||||||
| 18 | For taking special bail, $2.
| ||||||
| 19 | For returning each process, $5.
| ||||||
| 20 | Mileage for service or attempted service of all process is | ||||||
| 21 | a $10 flat fee.
| ||||||
| 22 | For attending before a court with a prisoner on an order | ||||||
| 23 | for habeas
corpus, $3.50 per day.
| ||||||
| 24 | For executing requisitions from other States, $5.
| ||||||
| 25 | For conveying each prisoner from the prisoner's county to | ||||||
| 26 | the jail of
another county, per mile for going only, 25¢.
| ||||||
| |||||||
| |||||||
| 1 | For committing to or discharging each prisoner from jail, | ||||||
| 2 | $1.
| ||||||
| 3 | For feeding each prisoner, such compensation to cover | ||||||
| 4 | actual costs as
may be fixed by the county board, but such | ||||||
| 5 | compensation shall not be
considered a part of the fees of the | ||||||
| 6 | office.
| ||||||
| 7 | For committing each prisoner to jail under the laws of the | ||||||
| 8 | United
States, to be paid by the marshal or other person | ||||||
| 9 | requiring his
confinement, $1.
| ||||||
| 10 | For feeding such prisoners per day, $1, to be paid by the | ||||||
| 11 | marshal or
other person requiring the prisoner's confinement.
| ||||||
| 12 | For discharging such prisoners, $1.
| ||||||
| 13 | For conveying persons to the penitentiary, reformatories, | ||||||
| 14 | Illinois
State Training School for Boys, Illinois State | ||||||
| 15 | Training School for
Girls, Reception Centers and Illinois | ||||||
| 16 | Security Hospital, the following
fees, payable out of the | ||||||
| 17 | State Treasury. When one person is conveyed,
15¢ per mile in | ||||||
| 18 | going to the penitentiary, reformatories, Illinois State
| ||||||
| 19 | Training School for Boys, Illinois State Training School for | ||||||
| 20 | Girls,
Reception Centers and Illinois Security Hospital from | ||||||
| 21 | the place of
conviction; when 2 persons are conveyed at the | ||||||
| 22 | same time, 15¢ per mile
for the first and 10¢ per mile for the | ||||||
| 23 | second person; when more than 2
persons are conveyed at the | ||||||
| 24 | same time as stated above, the sheriff shall
be allowed 15¢ per | ||||||
| 25 | mile for the first, 10¢ per mile for the second and
5¢ per mile | ||||||
| 26 | for each additional person.
| ||||||
| |||||||
| |||||||
| 1 | The fees provided for herein for transporting persons to | ||||||
| 2 | the
penitentiary, reformatories, Illinois State Training | ||||||
| 3 | School for Boys,
Illinois State Training School for Girls, | ||||||
| 4 | Reception Centers and Illinois
Security Hospital, shall be | ||||||
| 5 | paid for each trip so made. Mileage as used
in this Section | ||||||
| 6 | means the shortest route on a hard surfaced road,
(either | ||||||
| 7 | State Bond Issue Route or Federal highways) or railroad,
| ||||||
| 8 | whichever is shorter, between the place from which the person | ||||||
| 9 | is to be
transported, to the penitentiary, reformatories, | ||||||
| 10 | Illinois State Training
School for Boys, Illinois State | ||||||
| 11 | Training School for Girls, Reception
Centers and Illinois | ||||||
| 12 | Security Hospital, and all fees per mile shall be
computed on | ||||||
| 13 | such basis.
| ||||||
| 14 | In addition to the above fees, there shall be allowed to | ||||||
| 15 | the sheriff
a fee of $600 for the sale of real estate which | ||||||
| 16 | shall be made by virtue
of any judgment of a court. In addition | ||||||
| 17 | to this fee and all other fees
provided by this Section, there | ||||||
| 18 | shall be allowed to the sheriff a fee in
accordance with the | ||||||
| 19 | following schedule for the sale of personal estate
which is | ||||||
| 20 | made by virtue of any judgment of a
court:
| ||||||
| 21 | For judgments up to $1,000, $90;
| ||||||
| 22 | For judgments over $1,000 to $15,000, $275;
| ||||||
| 23 | For judgments over $15,000, $400.
| ||||||
| 24 | In all cases where the judgment is settled by the parties, | ||||||
| 25 | replevied,
stopped by injunction or paid, or where the | ||||||
| 26 | property levied upon is not
actually sold, the sheriff shall | ||||||
| |||||||
| |||||||
| 1 | be allowed the fee for levying and
mileage, together with half | ||||||
| 2 | the fee for all money collected by him or
her which he or she | ||||||
| 3 | would be entitled to if the same were made by sale
in the | ||||||
| 4 | enforcement of a judgment. In no case shall the fee exceed the
| ||||||
| 5 | amount of money arising from the sale. | ||||||
| 6 |
All fees collected under Sections 4-12001 and 4-12001.1 | ||||||
| 7 | must be used for public safety purposes only.
| ||||||
| 8 | (Source: P.A. 100-173, eff. 1-1-18; 101-652.)
| ||||||
| 9 | (55 ILCS 5/3-6041 rep.) | ||||||
| 10 | Section 135. The Counties Code is amended by repealing | ||||||
| 11 | Section 3-6041.
| ||||||
| 12 | (65 ILCS 5/11-5.1-2 rep.) | ||||||
| 13 | Section 140. The Illinois Municipal Code is amended by | ||||||
| 14 | repealing Section 11-5.1-2.
| ||||||
| 15 | Section 145. The Illinois Municipal Code is amended by | ||||||
| 16 | reenacting Section 1-2-12.1 as follows:
| ||||||
| 17 | (65 ILCS 5/1-2-12.1) | ||||||
| 18 | Sec. 1-2-12.1. Municipal bond fees. A municipality may | ||||||
| 19 | impose a fee up to $20 for bail processing against any person | ||||||
| 20 | arrested for violating a bailable municipal ordinance or a | ||||||
| 21 | State or federal law.
| ||||||
| 22 | (Source: P.A. 97-368, eff. 8-15-11; 101-652, eff. 7-1-21.)
| ||||||
| |||||||
| |||||||
| 1 | Section 150. The Campus Security Enhancement Act of 2008 | ||||||
| 2 | is amended by changing Section 15 as follows:
| ||||||
| 3 | (110 ILCS 12/15)
| ||||||
| 4 | Sec. 15. Arrest reports.
| ||||||
| 5 | (a) When an individual is arrested, the following | ||||||
| 6 | information must
be made available to the news media for | ||||||
| 7 | inspection and copying:
| ||||||
| 8 | (1) Information that identifies the individual,
| ||||||
| 9 | including the name, age, address, and photograph, when and | ||||||
| 10 | if available.
| ||||||
| 11 | (2) Information detailing any charges relating to the | ||||||
| 12 | arrest.
| ||||||
| 13 | (3) The time and location of the arrest.
| ||||||
| 14 | (4) The name of the investigating or arresting law | ||||||
| 15 | enforcement agency.
| ||||||
| 16 | (5) If the individual is incarcerated, the conditions | ||||||
| 17 | of pretrial release amount of 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 | ||||||
| |||||||
| |||||||
| 1 | (3), (4), (5), and (6) of subsection (a), however, may
be | ||||||
| 2 | withheld if it is determined that disclosure would:
| ||||||
| 3 | (1) interfere with pending or actually and reasonably | ||||||
| 4 | contemplated law
enforcement proceedings conducted by any | ||||||
| 5 | law enforcement or correctional
agency;
| ||||||
| 6 | (2) endanger the life or physical safety of law | ||||||
| 7 | enforcement or
correctional personnel or any other person; | ||||||
| 8 | or
| ||||||
| 9 | (3) compromise the security of any correctional | ||||||
| 10 | facility.
| ||||||
| 11 | (c) For the purposes of this Section the term "news media" | ||||||
| 12 | means personnel
of a newspaper or other periodical issued at | ||||||
| 13 | regular intervals whether in
print or electronic format, a | ||||||
| 14 | news service whether in print or electronic
format, a radio | ||||||
| 15 | station, a television station, a television network, a
| ||||||
| 16 | community antenna television service, or a person or | ||||||
| 17 | corporation engaged in
making news reels or other motion | ||||||
| 18 | picture news for public showing.
| ||||||
| 19 | (d) Each law enforcement or correctional agency may charge | ||||||
| 20 | fees for arrest
records, but in no instance may the fee exceed | ||||||
| 21 | the actual cost of copying and
reproduction. The fees may not | ||||||
| 22 | include the cost of the labor used to reproduce
the arrest | ||||||
| 23 | record.
| ||||||
| 24 | (e) The provisions of this Section do not supersede the | ||||||
| 25 | confidentiality
provisions for arrest records of the Juvenile | ||||||
| 26 | Court Act of 1987.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01; | ||||||
| 2 | 92-335, eff.
8-10-01; 101-652.)
| ||||||
| 3 | Section 155. The Illinois Insurance Code is amended by | ||||||
| 4 | changing Sections 143.19, 143.19.1, and 205 as follows:
| ||||||
| 5 | (215 ILCS 5/143.19) (from Ch. 73, par. 755.19)
| ||||||
| 6 | Sec. 143.19. Cancellation of automobile insurance policy; | ||||||
| 7 | grounds. After a policy of automobile insurance as defined in | ||||||
| 8 | Section
143.13(a) has been effective for 60 days, or if such | ||||||
| 9 | policy is a renewal
policy, the insurer shall not exercise its | ||||||
| 10 | option to cancel such policy
except for one or more of the | ||||||
| 11 | following reasons:
| ||||||
| 12 | a. Nonpayment of premium;
| ||||||
| 13 | b. The policy was obtained through a material | ||||||
| 14 | misrepresentation;
| ||||||
| 15 | c. Any insured violated any of the terms and | ||||||
| 16 | conditions of the
policy;
| ||||||
| 17 | d. The named insured failed to disclose fully his | ||||||
| 18 | motor vehicle
accidents and moving traffic violations for | ||||||
| 19 | the preceding 36 months if
called for in the application;
| ||||||
| 20 | e. Any insured made a false or fraudulent claim or | ||||||
| 21 | knowingly aided
or abetted another in the presentation of | ||||||
| 22 | such a claim;
| ||||||
| 23 | f. The named insured or any other operator who either | ||||||
| 24 | resides in the
same household or customarily operates an | ||||||
| |||||||
| |||||||
| 1 | automobile insured under such
policy:
| ||||||
| 2 | 1. has, within the 12 months prior to the notice of
| ||||||
| 3 | cancellation, had his driver's license under | ||||||
| 4 | suspension or revocation;
| ||||||
| 5 | 2. is or becomes subject to epilepsy or heart | ||||||
| 6 | attacks, and such
individual does not produce a | ||||||
| 7 | certificate from a physician testifying to
his | ||||||
| 8 | unqualified ability to operate a motor vehicle safely;
| ||||||
| 9 | 3. has an accident record, conviction record | ||||||
| 10 | (criminal or traffic),
physical, or mental condition | ||||||
| 11 | which is such that his operation of an
automobile | ||||||
| 12 | might endanger the public safety;
| ||||||
| 13 | 4. has, within the 36 months prior to the notice of | ||||||
| 14 | cancellation,
been addicted to the use of narcotics or | ||||||
| 15 | other drugs; or
| ||||||
| 16 | 5. has been convicted, or violated conditions of | ||||||
| 17 | pretrial release forfeited bail, during the 36 months
| ||||||
| 18 | immediately preceding the notice of cancellation, for | ||||||
| 19 | any felony,
criminal negligence resulting in death, | ||||||
| 20 | homicide or assault arising out
of the operation of a | ||||||
| 21 | motor vehicle, operating a motor vehicle while in
an | ||||||
| 22 | intoxicated condition or while under the influence of | ||||||
| 23 | drugs, being
intoxicated while in, or about, an | ||||||
| 24 | automobile or while having custody of
an automobile, | ||||||
| 25 | leaving the scene of an accident without stopping to
| ||||||
| 26 | report, theft or unlawful taking of a motor vehicle, | ||||||
| |||||||
| |||||||
| 1 | making false
statements in an application for an | ||||||
| 2 | operator's or chauffeur's license or
has been | ||||||
| 3 | convicted or pretrial release has been revoked | ||||||
| 4 | forfeited bail for 3 or more violations within the
12 | ||||||
| 5 | months immediately preceding the notice of | ||||||
| 6 | cancellation, of any law,
ordinance, or regulation | ||||||
| 7 | limiting the speed of motor vehicles or any of
the | ||||||
| 8 | provisions of the motor vehicle laws of any state, | ||||||
| 9 | violation of
which constitutes a misdemeanor, whether | ||||||
| 10 | or not the violations were
repetitions of the same | ||||||
| 11 | offense or different offenses;
| ||||||
| 12 | g. The insured automobile is:
| ||||||
| 13 | 1. so mechanically defective that its operation | ||||||
| 14 | might endanger
public safety;
| ||||||
| 15 | 2. used in carrying passengers for hire or | ||||||
| 16 | compensation (the use of
an automobile for a car pool | ||||||
| 17 | shall not be considered use of an automobile
for hire | ||||||
| 18 | or compensation);
| ||||||
| 19 | 3. used in the business of transportation of | ||||||
| 20 | flammables
or explosives;
| ||||||
| 21 | 4. an authorized emergency vehicle;
| ||||||
| 22 | 5. changed in shape or condition during the policy | ||||||
| 23 | period so as to
increase the risk substantially; or
| ||||||
| 24 | 6. subject to an inspection law and has not been | ||||||
| 25 | inspected or, if
inspected, has failed to qualify.
| ||||||
| 26 | Nothing in this Section shall apply to nonrenewal.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 100-201, eff. 8-18-17; 101-652.)
| ||||||
| 2 | (215 ILCS 5/143.19.1) (from Ch. 73, par. 755.19.1)
| ||||||
| 3 | Sec. 143.19.1. Limits on exercise of right of nonrenewal. | ||||||
| 4 | After a
policy of automobile insurance, as defined in
Section | ||||||
| 5 | 143.13, has been effective or renewed for 5 or more years, the
| ||||||
| 6 | company shall not exercise its right of non-renewal unless:
| ||||||
| 7 | a. The policy was obtained through a material | ||||||
| 8 | misrepresentation; or
| ||||||
| 9 | b. Any insured violated any of the terms and conditions of | ||||||
| 10 | the
policy; or
| ||||||
| 11 | c. The named insured failed to disclose fully his motor | ||||||
| 12 | vehicle
accidents and moving traffic violations for the | ||||||
| 13 | preceding 36 months, if
such information is called for in the | ||||||
| 14 | application; or
| ||||||
| 15 | d. Any insured made a false or fraudulent claim or | ||||||
| 16 | knowingly aided
or abetted another in the presentation of such | ||||||
| 17 | a claim; or
| ||||||
| 18 | e. The named insured or any other operator who either | ||||||
| 19 | resides in the
same household or customarily operates an | ||||||
| 20 | automobile insured under such
a policy:
| ||||||
| 21 | 1. Has, within the 12 months prior to the notice of | ||||||
| 22 | non-renewal had
his drivers license under suspension or | ||||||
| 23 | revocation; or
| ||||||
| 24 | 2. Is or becomes subject to epilepsy or heart attacks, | ||||||
| 25 | and such
individual does not produce a certificate from a | ||||||
| |||||||
| |||||||
| 1 | physician testifying to
his unqualified ability to operate | ||||||
| 2 | a motor vehicle safely; or
| ||||||
| 3 | 3. Has an accident record, conviction record (criminal | ||||||
| 4 | or traffic),
or a physical or mental condition which is | ||||||
| 5 | such that his operation of an
automobile might endanger | ||||||
| 6 | the public safety; or
| ||||||
| 7 | 4. Has, within the 36 months prior to the notice of | ||||||
| 8 | non-renewal,
been addicted to the use of narcotics or | ||||||
| 9 | other drugs; or
| ||||||
| 10 | 5. Has been convicted or pretrial release has been | ||||||
| 11 | revoked forfeited bail, during the 36 months
immediately | ||||||
| 12 | preceding the notice of non-renewal, for any felony,
| ||||||
| 13 | criminal negligence resulting in death, homicide or | ||||||
| 14 | assault arising out
of the operation of a motor vehicle, | ||||||
| 15 | operating a motor vehicle while in
an intoxicated | ||||||
| 16 | condition or while under the influence of drugs, being
| ||||||
| 17 | intoxicated while in or about an automobile or while | ||||||
| 18 | having custody of
an automobile, leaving the scene of an | ||||||
| 19 | accident without stopping to
report, theft or unlawful | ||||||
| 20 | taking of a motor vehicle, making false
statements in an | ||||||
| 21 | application for an operators or chauffeurs license, or
has | ||||||
| 22 | been convicted or pretrial release has been revoked | ||||||
| 23 | forfeited bail for 3 or more violations within the
12 | ||||||
| 24 | months immediately preceding the notice of non-renewal, of | ||||||
| 25 | any law,
ordinance or regulation limiting the speed of | ||||||
| 26 | motor vehicles or any
of the provisions of the motor | ||||||
| |||||||
| |||||||
| 1 | vehicle laws of any state, violation of
which constitutes | ||||||
| 2 | a misdemeanor, whether or not the violations were
| ||||||
| 3 | repetitions of the same offense or different offenses; or
| ||||||
| 4 | f. The insured automobile is:
| ||||||
| 5 | 1. So mechanically defective that its operation might | ||||||
| 6 | endanger
public safety; or
| ||||||
| 7 | 2. Used in carrying passengers for hire or | ||||||
| 8 | compensation (the use of
an automobile for a car pool | ||||||
| 9 | shall not be considered use of an
automobile for hire or | ||||||
| 10 | compensation); or
| ||||||
| 11 | 3. Used in the business of transportation of | ||||||
| 12 | flammables or
explosives; or
| ||||||
| 13 | 4. An authorized emergency vehicle; or
| ||||||
| 14 | 5. Changed in shape or condition during the policy | ||||||
| 15 | period so as to
increase the risk substantially; or
| ||||||
| 16 | 6. Subject to an inspection law and it has not been | ||||||
| 17 | inspected or, if
inspected, has failed to qualify; or
| ||||||
| 18 | g. The notice of the intention
not to renew is mailed to | ||||||
| 19 | the insured at least 60 days before the date of
nonrenewal as | ||||||
| 20 | provided in Section 143.17.
| ||||||
| 21 | (Source: P.A. 89-669, eff. 1-1-97; 101-652.)
| ||||||
| 22 | (215 ILCS 5/205) (from Ch. 73, par. 817)
| ||||||
| 23 | Sec. 205. Priority of distribution of general assets.
| ||||||
| 24 | (1) The priorities of distribution of general assets from | ||||||
| 25 | the
company's estate is to be as follows:
| ||||||
| |||||||
| |||||||
| 1 | (a) The costs and expenses of administration, | ||||||
| 2 | including, but not limited to, the following: | ||||||
| 3 | (i) The reasonable expenses of the Illinois | ||||||
| 4 | Insurance Guaranty Fund, the Illinois Life and Health | ||||||
| 5 | Insurance Guaranty Association, and the Illinois | ||||||
| 6 | Health Maintenance Organization Guaranty Association | ||||||
| 7 | and of any similar organization in any other state, | ||||||
| 8 | including overhead, salaries, and other general | ||||||
| 9 | administrative expenses allocable to the receivership | ||||||
| 10 | (administrative and claims handling expenses and | ||||||
| 11 | expenses in connection with arrangements for ongoing | ||||||
| 12 | coverage), but excluding expenses incurred in the | ||||||
| 13 | performance of duties under Section 547 or similar | ||||||
| 14 | duties under the statute governing a similar | ||||||
| 15 | organization in another state. For property and | ||||||
| 16 | casualty insurance guaranty associations that guaranty | ||||||
| 17 | certain obligations of any member company as defined | ||||||
| 18 | by Section 534.5, expenses shall include, but not be | ||||||
| 19 | limited to, loss adjustment expenses, which shall | ||||||
| 20 | include adjusting and other expenses and defense and | ||||||
| 21 | cost containment expenses. The expenses of such | ||||||
| 22 | property and casualty guaranty associations, including | ||||||
| 23 | the Illinois Insurance Guaranty Fund, shall be | ||||||
| 24 | reimbursed as prescribed by Section 545, but shall be | ||||||
| 25 | subordinate to all other costs and expenses of | ||||||
| 26 | administration, including the expenses reimbursed | ||||||
| |||||||
| |||||||
| 1 | pursuant to subparagraph (ii) of this paragraph (a). | ||||||
| 2 | (ii) The expenses expressly approved or ratified | ||||||
| 3 | by the Director as liquidator or rehabilitator, | ||||||
| 4 | including, but not limited to, the following: | ||||||
| 5 | (1) the actual and necessary costs of | ||||||
| 6 | preserving or recovering the property of the | ||||||
| 7 | insurer; | ||||||
| 8 | (2) reasonable compensation for all services | ||||||
| 9 | rendered on behalf of the administrative | ||||||
| 10 | supervisor or receiver; | ||||||
| 11 | (3) any necessary filing fees; | ||||||
| 12 | (4) the fees and mileage payable to witnesses; | ||||||
| 13 | (5) unsecured loans obtained by the receiver; | ||||||
| 14 | and | ||||||
| 15 | (6) expenses approved by the conservator or | ||||||
| 16 | rehabilitator of the insurer, if any, incurred in the | ||||||
| 17 | course of the conservation or rehabilitation that are | ||||||
| 18 | unpaid at the time of the entry of the order of | ||||||
| 19 | liquidation. | ||||||
| 20 | Any unsecured loan falling under item (5) of | ||||||
| 21 | subparagraph (ii) of this paragraph (a) shall have | ||||||
| 22 | priority over all other costs and expenses of | ||||||
| 23 | administration, unless the lender agrees otherwise. Absent | ||||||
| 24 | agreement to the contrary, all other costs and expenses of | ||||||
| 25 | administration shall be shared on a pro-rata basis, except | ||||||
| 26 | for the expenses of property and casualty guaranty | ||||||
| |||||||
| |||||||
| 1 | associations, which shall have a lower priority pursuant | ||||||
| 2 | to subparagraph (i) of this paragraph (a).
| ||||||
| 3 | (b) Secured
claims,
including claims for taxes and | ||||||
| 4 | debts due the federal or any state or local
government, | ||||||
| 5 | that are secured by liens perfected prior to the
filing of | ||||||
| 6 | the
complaint.
| ||||||
| 7 | (c) Claims for wages actually owing to employees for | ||||||
| 8 | services rendered
within
3 months prior to the date of the | ||||||
| 9 | filing of the complaint, not exceeding $1,000
to each | ||||||
| 10 | employee unless there are claims due the federal | ||||||
| 11 | government under
paragraph (f), then the claims for wages | ||||||
| 12 | shall have a priority of
distribution immediately | ||||||
| 13 | following that of federal claims under paragraph (f)
and | ||||||
| 14 | immediately preceding claims of general creditors under | ||||||
| 15 | paragraph (g).
| ||||||
| 16 | (d) Claims by policyholders, beneficiaries, and | ||||||
| 17 | insureds, under
insurance policies, annuity contracts, and | ||||||
| 18 | funding agreements,
liability
claims against insureds | ||||||
| 19 | covered under insurance policies and insurance
contracts | ||||||
| 20 | issued by the company, claims of obligees (and, subject to | ||||||
| 21 | the discretion of the
receiver, completion contractors) | ||||||
| 22 | under surety bonds and surety undertakings (not to include | ||||||
| 23 | bail bonds, mortgage or financial guaranty, or other forms | ||||||
| 24 | of insurance offering protection against
investment risk), | ||||||
| 25 | claims by principals under surety bonds and surety | ||||||
| 26 | undertakings for wrongful
dissipation of collateral by the | ||||||
| |||||||
| |||||||
| 1 | insurer or its agents, and claims incurred during any | ||||||
| 2 | extension of
coverage provided under subsection (5) of | ||||||
| 3 | Section 193, and claims of the Illinois Insurance
Guaranty | ||||||
| 4 | Fund, the Illinois Life and Health Insurance Guaranty | ||||||
| 5 | Association,
the Illinois Health Maintenance Organization | ||||||
| 6 | Guaranty Association, and any
similar organization in | ||||||
| 7 | another state
as prescribed in Section 545. For purposes | ||||||
| 8 | of this Section, "funding
agreement" means an agreement | ||||||
| 9 | whereby an insurer authorized to write business
under | ||||||
| 10 | Class 1 of Section 4 of this Code may accept and accumulate | ||||||
| 11 | funds and
make one or more payments at future dates in | ||||||
| 12 | amounts that are not based upon
mortality or morbidity | ||||||
| 13 | contingencies.
| ||||||
| 14 | (e) Claims by policyholders, beneficiaries, and | ||||||
| 15 | insureds, the
allowed
values of which were determined by | ||||||
| 16 | estimation under paragraph (b) of subsection
(4) of | ||||||
| 17 | Section 209.
| ||||||
| 18 | (f) Any other claims due the federal government.
| ||||||
| 19 | (g) All other claims of general creditors not falling | ||||||
| 20 | within
any
other
priority under this Section including | ||||||
| 21 | claims for taxes and debts due any state
or local | ||||||
| 22 | government which are not secured
claims and claims for
| ||||||
| 23 | attorneys' fees incurred by the company in contesting its | ||||||
| 24 | conservation,
rehabilitation, or liquidation.
| ||||||
| 25 | (h) Claims of guaranty fund certificate holders,
| ||||||
| 26 | guaranty
capital
shareholders, capital note holders, and | ||||||
| |||||||
| |||||||
| 1 | surplus note holders.
| ||||||
| 2 | (i) Proprietary claims of shareholders, members, or | ||||||
| 3 | other
owners.
| ||||||
| 4 | Every claim under a written agreement, statute, or rule | ||||||
| 5 | providing that the
assets in a separate account are not | ||||||
| 6 | chargeable with the liabilities arising
out of any other | ||||||
| 7 | business of the insurer shall be satisfied out of the funded
| ||||||
| 8 | assets in the separate account equal to, but not to exceed, the | ||||||
| 9 | reserves
maintained in the separate account under the separate | ||||||
| 10 | account agreement, and to
the extent, if any, the claim is not | ||||||
| 11 | fully discharged thereby, the remainder
of the claim shall be | ||||||
| 12 | treated as a priority level (d) claim under paragraph
(d) of | ||||||
| 13 | this subsection to the extent that reserves have been | ||||||
| 14 | established in the
insurer's general account pursuant to | ||||||
| 15 | statute, rule, or the separate account
agreement.
| ||||||
| 16 | For purposes of this provision, "separate account | ||||||
| 17 | policies, contracts, or
agreements" means any policies, | ||||||
| 18 | contracts, or agreements that provide for
separate accounts as | ||||||
| 19 | contemplated by Section 245.21.
| ||||||
| 20 | To the extent that any assets of an insurer, other than | ||||||
| 21 | those assets properly
allocated to and maintained in a | ||||||
| 22 | separate account, have been used to fund or
pay any expenses, | ||||||
| 23 | taxes, or policyholder benefits that are attributable to a
| ||||||
| 24 | separate account policy, contract, or agreement that should | ||||||
| 25 | have been paid by a
separate account prior to the commencement | ||||||
| 26 | of receivership proceedings, then
upon the commencement of | ||||||
| |||||||
| |||||||
| 1 | receivership proceedings, the separate accounts
that benefited | ||||||
| 2 | from this payment or funding shall first be used to repay or
| ||||||
| 3 | reimburse the company's general assets or account for any | ||||||
| 4 | unreimbursed net sums
due at the commencement of receivership | ||||||
| 5 | proceedings prior to the application of
the separate account | ||||||
| 6 | assets to the satisfaction of liabilities or the
corresponding | ||||||
| 7 | separate account policies, contracts, and agreements.
| ||||||
| 8 | To the extent, if any, reserves or assets maintained in | ||||||
| 9 | the separate account
are in excess of the amounts needed to | ||||||
| 10 | satisfy claims under the separate
account contracts, the | ||||||
| 11 | excess shall be treated as part of the general assets of
the | ||||||
| 12 | insurer's estate.
| ||||||
| 13 | (2) Within 120 days after the issuance of an Order of | ||||||
| 14 | Liquidation with a
finding of insolvency against a domestic | ||||||
| 15 | company, the Director shall make
application to the court | ||||||
| 16 | requesting authority to disburse funds to the
Illinois | ||||||
| 17 | Insurance Guaranty Fund, the Illinois Life and Health | ||||||
| 18 | Insurance
Guaranty Association, the Illinois Health | ||||||
| 19 | Maintenance Organization Guaranty
Association, and similar | ||||||
| 20 | organizations in other states from time to time out
of the | ||||||
| 21 | company's marshaled assets as funds
become available in | ||||||
| 22 | amounts equal to disbursements made by the
Illinois Insurance | ||||||
| 23 | Guaranty Fund, the Illinois Life and Health Insurance
Guaranty | ||||||
| 24 | Association, the Illinois Health Maintenance Organization | ||||||
| 25 | Guaranty
Association, and similar organizations in other | ||||||
| 26 | states
for covered claims obligations on the presentation of | ||||||
| |||||||
| |||||||
| 1 | evidence that such
disbursements have been made by the | ||||||
| 2 | Illinois Insurance
Guaranty Fund, the Illinois Life and Health | ||||||
| 3 | Insurance Guaranty
Association, the Illinois Health | ||||||
| 4 | Maintenance Organization Guaranty Association,
and similar | ||||||
| 5 | organizations in other states.
| ||||||
| 6 | The Director shall establish procedures for the ratable | ||||||
| 7 | allocation and
distribution of disbursements to the Illinois | ||||||
| 8 | Insurance Guaranty Fund,
the Illinois Life and Health | ||||||
| 9 | Insurance Guaranty Association, the Illinois
Health | ||||||
| 10 | Maintenance Organization Guaranty Association, and
similar | ||||||
| 11 | organizations in other states. In determining the amounts | ||||||
| 12 | available
for disbursement, the Director shall reserve | ||||||
| 13 | sufficient assets for the
payment of the expenses of | ||||||
| 14 | administration described in paragraph (1)(a)
of this Section. | ||||||
| 15 | All funds available for disbursement after the establishment
| ||||||
| 16 | of the prescribed reserve shall be promptly distributed. As a | ||||||
| 17 | condition
to receipt of funds in reimbursement of covered | ||||||
| 18 | claims obligations,
the Director shall secure from the | ||||||
| 19 | Illinois Insurance Guaranty Fund,
the Illinois Life and Health | ||||||
| 20 | Insurance Guaranty Association, the Illinois
Health | ||||||
| 21 | Maintenance Organization Guaranty Association, and
each | ||||||
| 22 | similar organization in other states, an agreement to return | ||||||
| 23 | to the
Director on demand funds previously received as may be | ||||||
| 24 | required to pay claims
of secured creditors and claims falling | ||||||
| 25 | within the priorities established
in paragraphs (a), (b), (c), | ||||||
| 26 | and (d) of subsection (1) of
this Section in accordance
with | ||||||
| |||||||
| |||||||
| 1 | such priorities.
| ||||||
| 2 | (3) The changes made in this Section by this amendatory | ||||||
| 3 | Act of the 100th General Assembly apply to all liquidation,
| ||||||
| 4 | rehabilitation, or conservation proceedings that are pending | ||||||
| 5 | on the effective date of this amendatory
Act of the 100th | ||||||
| 6 | General Assembly and to all future liquidation, | ||||||
| 7 | rehabilitation, or conservation proceedings. | ||||||
| 8 | (4) The provisions of this Section are severable under | ||||||
| 9 | Section 1.31 of
the Statute on Statutes.
| ||||||
| 10 | (Source: P.A. 100-410, eff. 8-25-17; 101-652.)
| ||||||
| 11 | Section 160. The Illinois Gambling Act is amended by | ||||||
| 12 | changing Section 5.1 as follows:
| ||||||
| 13 | (230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)
| ||||||
| 14 | Sec. 5.1. Disclosure of records.
| ||||||
| 15 | (a) Notwithstanding any applicable statutory provision to | ||||||
| 16 | the contrary,
the Board shall, on written request from any | ||||||
| 17 | person, provide
information furnished by an applicant or | ||||||
| 18 | licensee concerning the applicant
or licensee, his products, | ||||||
| 19 | services or gambling enterprises and his
business holdings, as | ||||||
| 20 | follows:
| ||||||
| 21 | (1) The name, business address and business telephone | ||||||
| 22 | number of any
applicant or licensee.
| ||||||
| 23 | (2) An identification of any applicant or licensee | ||||||
| 24 | including, if an
applicant or licensee is not an | ||||||
| |||||||
| |||||||
| 1 | individual, the names and addresses of all stockholders | ||||||
| 2 | and directors, if the entity is a corporation; the names | ||||||
| 3 | and addresses of all members, if the entity is a limited | ||||||
| 4 | liability company; the names and addresses of all | ||||||
| 5 | partners, both general and limited, if the entity is a | ||||||
| 6 | partnership; and the names and addresses of all | ||||||
| 7 | beneficiaries, if the entity is a trust. If an applicant | ||||||
| 8 | or licensee has a pending registration
statement filed | ||||||
| 9 | with the Securities and Exchange Commission, only the | ||||||
| 10 | names
of those persons or entities holding interest of 5% | ||||||
| 11 | or more must be provided.
| ||||||
| 12 | (3) An identification of any business, including, if | ||||||
| 13 | applicable, the
state of incorporation or registration, in | ||||||
| 14 | which an applicant or licensee
or an applicant's or | ||||||
| 15 | licensee's spouse or children has an equity interest
of | ||||||
| 16 | more than 1%. If an applicant or licensee is a | ||||||
| 17 | corporation, partnership
or other business entity, the | ||||||
| 18 | applicant or licensee shall identify any
other | ||||||
| 19 | corporation, partnership or business entity in which it | ||||||
| 20 | has an equity
interest of 1%
or more, including, if | ||||||
| 21 | applicable, the state of
incorporation or registration. | ||||||
| 22 | This information need not be provided by a
corporation, | ||||||
| 23 | partnership or other business entity that has a pending
| ||||||
| 24 | registration statement filed with the Securities and | ||||||
| 25 | Exchange Commission.
| ||||||
| 26 | (4) Whether an applicant or licensee has been | ||||||
| |||||||
| |||||||
| 1 | indicted, convicted,
pleaded guilty or nolo contendere, or | ||||||
| 2 | pretrial release has been revoked forfeited bail | ||||||
| 3 | concerning any
criminal offense under the laws of any | ||||||
| 4 | jurisdiction, either felony or
misdemeanor (except for | ||||||
| 5 | traffic violations), including the date, the name
and | ||||||
| 6 | location of the court, arresting agency and prosecuting | ||||||
| 7 | agency, the
case number, the offense, the disposition and | ||||||
| 8 | the location and length of
incarceration.
| ||||||
| 9 | (5) Whether an applicant or licensee has had any | ||||||
| 10 | license or
certificate issued by a licensing authority in | ||||||
| 11 | Illinois or any other
jurisdiction denied, restricted, | ||||||
| 12 | suspended, revoked or not renewed and a
statement | ||||||
| 13 | describing the facts and circumstances concerning the | ||||||
| 14 | denial,
restriction, suspension, revocation or | ||||||
| 15 | non-renewal, including the licensing
authority, the date | ||||||
| 16 | each such action was taken, and the reason for each
such | ||||||
| 17 | action.
| ||||||
| 18 | (6) Whether an applicant or licensee has ever filed or | ||||||
| 19 | had filed against
it a proceeding in bankruptcy or has | ||||||
| 20 | ever been involved in any formal
process to adjust, defer, | ||||||
| 21 | suspend or otherwise work out the payment of any
debt | ||||||
| 22 | including the date of filing, the name and location of the | ||||||
| 23 | court, the
case and number of the disposition.
| ||||||
| 24 | (7) Whether an applicant or licensee has filed, or | ||||||
| 25 | been served with a
complaint or other notice filed with | ||||||
| 26 | any public body, regarding the
delinquency in the payment | ||||||
| |||||||
| |||||||
| 1 | of, or a dispute over the filings concerning the
payment | ||||||
| 2 | of, any tax required under federal, State or local law, | ||||||
| 3 | including
the amount, type of tax, the taxing agency and | ||||||
| 4 | time periods involved.
| ||||||
| 5 | (8) A statement listing the names and titles of all | ||||||
| 6 | public officials
or officers of any unit of government, | ||||||
| 7 | and relatives of said
public officials or officers who, | ||||||
| 8 | directly or indirectly, own
any financial interest in, | ||||||
| 9 | have any beneficial interest in, are the
creditors of or | ||||||
| 10 | hold any debt instrument issued by, or hold or have any
| ||||||
| 11 | interest in any contractual or service relationship with, | ||||||
| 12 | an applicant
or licensee.
| ||||||
| 13 | (9) Whether an applicant or licensee has made, | ||||||
| 14 | directly or indirectly,
any political contribution, or any | ||||||
| 15 | loans, donations or other payments, to
any candidate or | ||||||
| 16 | office holder, within 5 years from the date of filing the
| ||||||
| 17 | application, including the amount and the method of | ||||||
| 18 | payment.
| ||||||
| 19 | (10) The name and business telephone number of the | ||||||
| 20 | counsel
representing an applicant or licensee in matters | ||||||
| 21 | before the Board.
| ||||||
| 22 | (11) A description of any proposed or approved | ||||||
| 23 | gambling operation, including the type of boat, home dock, | ||||||
| 24 | or casino or gaming location, expected
economic benefit to | ||||||
| 25 | the community, anticipated or actual number of
employees, | ||||||
| 26 | any statement from an applicant or licensee regarding | ||||||
| |||||||
| |||||||
| 1 | compliance
with federal and State affirmative action | ||||||
| 2 | guidelines, projected or actual
admissions and projected | ||||||
| 3 | or actual adjusted gross gaming receipts.
| ||||||
| 4 | (12) A description of the product or service to be | ||||||
| 5 | supplied by an
applicant for a supplier's license.
| ||||||
| 6 | (b) Notwithstanding any applicable statutory provision to | ||||||
| 7 | the contrary,
the Board shall, on written request from any | ||||||
| 8 | person, also provide
the following information:
| ||||||
| 9 | (1) The amount of the wagering tax and admission tax | ||||||
| 10 | paid daily to the
State of Illinois by the holder of an | ||||||
| 11 | owner's license.
| ||||||
| 12 | (2) Whenever the Board finds an applicant for an | ||||||
| 13 | owner's license
unsuitable for licensing, a copy of the | ||||||
| 14 | written letter outlining the
reasons for the denial.
| ||||||
| 15 | (3) Whenever the Board has refused to grant leave for | ||||||
| 16 | an applicant to
withdraw his application, a copy of the | ||||||
| 17 | letter outlining the reasons for
the refusal.
| ||||||
| 18 | (c) Subject to the above provisions, the Board shall not | ||||||
| 19 | disclose any
information which would be barred by:
| ||||||
| 20 | (1) Section 7 of the Freedom of Information Act; or
| ||||||
| 21 | (2) The statutes, rules, regulations or | ||||||
| 22 | intergovernmental agreements
of any jurisdiction.
| ||||||
| 23 | (d) The Board may assess fees for the copying of | ||||||
| 24 | information in
accordance with Section 6 of the Freedom of | ||||||
| 25 | Information Act.
| ||||||
| 26 | (Source: P.A. 101-31, eff. 6-28-19; 101-652.)
| ||||||
| |||||||
| |||||||
| 1 | Section 165. The Sexual Assault Survivors Emergency | ||||||
| 2 | Treatment Act is amended by changing Section 7.5 as follows:
| ||||||
| 3 | (410 ILCS 70/7.5) | ||||||
| 4 | Sec. 7.5. Prohibition on billing sexual assault survivors | ||||||
| 5 | directly for certain services; written notice; billing | ||||||
| 6 | protocols. | ||||||
| 7 | (a) A hospital, approved pediatric health care facility, | ||||||
| 8 | health care professional, ambulance provider, laboratory, or | ||||||
| 9 | pharmacy furnishing medical forensic services, transportation, | ||||||
| 10 | follow-up healthcare, or medication to a sexual assault | ||||||
| 11 | survivor shall not: | ||||||
| 12 | (1) charge or submit a bill for any portion of the | ||||||
| 13 | costs of the services, transportation, or medications to | ||||||
| 14 | the sexual assault survivor, including any insurance | ||||||
| 15 | deductible, co-pay, co-insurance, denial of claim by an | ||||||
| 16 | insurer, spenddown, or any other out-of-pocket expense; | ||||||
| 17 | (2) communicate with, harass, or intimidate the sexual | ||||||
| 18 | assault survivor for payment of services, including, but | ||||||
| 19 | not limited to, repeatedly calling or writing to the | ||||||
| 20 | sexual assault survivor and threatening to refer the | ||||||
| 21 | matter to a debt collection agency or to an attorney for | ||||||
| 22 | collection, enforcement, or filing of other process; | ||||||
| 23 | (3) refer a bill to a collection agency or attorney | ||||||
| 24 | for collection action against the sexual assault survivor; | ||||||
| |||||||
| |||||||
| 1 | (4) contact or distribute information to affect the | ||||||
| 2 | sexual assault survivor's credit rating; or | ||||||
| 3 | (5) take any other action adverse to the sexual | ||||||
| 4 | assault survivor or his or her family on account of | ||||||
| 5 | providing services to the sexual assault survivor. | ||||||
| 6 | (b) Nothing in this Section precludes a hospital, health | ||||||
| 7 | care provider, ambulance provider, laboratory, or pharmacy | ||||||
| 8 | from billing the sexual assault survivor or any applicable | ||||||
| 9 | health insurance or coverage for inpatient services. | ||||||
| 10 | (c) Every hospital and approved pediatric health care | ||||||
| 11 | facility providing treatment services to sexual assault | ||||||
| 12 | survivors in accordance with a plan approved under Section 2 | ||||||
| 13 | of this Act shall provide a written notice to a sexual assault | ||||||
| 14 | survivor. The written notice must include, but is not limited | ||||||
| 15 | to, the following: | ||||||
| 16 | (1) a statement that the sexual assault survivor | ||||||
| 17 | should not be directly billed by any ambulance provider | ||||||
| 18 | providing transportation services, or by any hospital, | ||||||
| 19 | approved pediatric health care facility, health care | ||||||
| 20 | professional, laboratory, or pharmacy for the services the | ||||||
| 21 | sexual assault survivor received as an outpatient at the | ||||||
| 22 | hospital or approved pediatric health care facility; | ||||||
| 23 | (2) a statement that a sexual assault survivor who is | ||||||
| 24 | admitted to a hospital may be billed for inpatient | ||||||
| 25 | services provided by a hospital, health care professional, | ||||||
| 26 | laboratory, or pharmacy; | ||||||
| |||||||
| |||||||
| 1 | (3) a statement that prior to leaving the hospital or | ||||||
| 2 | approved pediatric health care facility, the hospital or | ||||||
| 3 | approved pediatric health care facility will give the | ||||||
| 4 | sexual assault survivor a sexual assault services voucher | ||||||
| 5 | for follow-up healthcare if the sexual assault survivor is | ||||||
| 6 | eligible to receive a sexual assault services voucher; | ||||||
| 7 | (4) the definition of "follow-up healthcare" as set | ||||||
| 8 | forth in Section 1a of this Act; | ||||||
| 9 | (5) a phone number the sexual assault survivor may | ||||||
| 10 | call should the sexual assault survivor receive a bill | ||||||
| 11 | from the hospital or approved pediatric health care | ||||||
| 12 | facility for medical forensic services; | ||||||
| 13 | (6) the toll-free phone number of the Office of the | ||||||
| 14 | Illinois Attorney General, Crime Victim Services Division, | ||||||
| 15 | which the sexual assault survivor may call should the | ||||||
| 16 | sexual assault survivor receive a bill from an ambulance | ||||||
| 17 | provider, approved pediatric health care facility, a | ||||||
| 18 | health care professional, a laboratory, or a pharmacy. | ||||||
| 19 | This subsection (c) shall not apply to hospitals that | ||||||
| 20 | provide transfer services as defined under Section 1a of this | ||||||
| 21 | Act. | ||||||
| 22 | (d) Within 60 days after the effective date of this | ||||||
| 23 | amendatory Act of the 99th General Assembly, every health care | ||||||
| 24 | professional, except for those employed by a hospital or | ||||||
| 25 | hospital affiliate, as defined in the Hospital Licensing Act, | ||||||
| 26 | or those employed by a hospital operated under the University | ||||||
| |||||||
| |||||||
| 1 | of Illinois Hospital Act, who bills separately for medical or | ||||||
| 2 | forensic services must develop a billing protocol that ensures | ||||||
| 3 | that no survivor of sexual assault will be sent a bill for any | ||||||
| 4 | medical forensic services and submit the billing protocol to | ||||||
| 5 | the Crime Victim Services Division of the Office of the | ||||||
| 6 | Attorney General for approval. Within 60 days after the | ||||||
| 7 | commencement of the provision of medical forensic services, | ||||||
| 8 | every health care professional, except for those employed by a | ||||||
| 9 | hospital or hospital affiliate, as defined in the Hospital | ||||||
| 10 | Licensing Act, or those employed by a hospital operated under | ||||||
| 11 | the University of Illinois Hospital Act, who bills separately | ||||||
| 12 | for medical or forensic services must develop a billing | ||||||
| 13 | protocol that ensures that no survivor of sexual assault is | ||||||
| 14 | sent a bill for any medical forensic services and submit the | ||||||
| 15 | billing protocol to the Crime Victim Services Division of the | ||||||
| 16 | Office of the Attorney General for approval. Health care | ||||||
| 17 | professionals who bill as a legal entity may submit a single | ||||||
| 18 | billing protocol for the billing entity. | ||||||
| 19 | Within 60 days after the Department's approval of a | ||||||
| 20 | treatment plan, an approved pediatric health care facility and | ||||||
| 21 | any health care professional employed by an approved pediatric | ||||||
| 22 | health care facility must develop a billing protocol that | ||||||
| 23 | ensures that no survivor of sexual assault is sent a bill for | ||||||
| 24 | any medical forensic services and submit the billing protocol | ||||||
| 25 | to the Crime Victim Services Division of the Office of the | ||||||
| 26 | Attorney General for approval. | ||||||
| |||||||
| |||||||
| 1 | The billing protocol must include at a minimum: | ||||||
| 2 | (1) a description of training for persons who prepare | ||||||
| 3 | bills for medical and forensic services; | ||||||
| 4 | (2) a written acknowledgement signed by a person who | ||||||
| 5 | has completed the training that the person will not bill | ||||||
| 6 | survivors of sexual assault; | ||||||
| 7 | (3) prohibitions on submitting any bill for any | ||||||
| 8 | portion of medical forensic services provided to a | ||||||
| 9 | survivor of sexual assault to a collection agency; | ||||||
| 10 | (4) prohibitions on taking any action that would | ||||||
| 11 | adversely affect the credit of the survivor of sexual | ||||||
| 12 | assault; | ||||||
| 13 | (5) the termination of all collection activities if | ||||||
| 14 | the protocol is violated; and | ||||||
| 15 | (6) the actions to be taken if a bill is sent to a | ||||||
| 16 | collection agency or the failure to pay is reported to any | ||||||
| 17 | credit reporting agency. | ||||||
| 18 | The Crime Victim Services Division of the Office of the | ||||||
| 19 | Attorney General may provide a sample acceptable billing | ||||||
| 20 | protocol upon request. | ||||||
| 21 | The Office of the Attorney General shall approve a | ||||||
| 22 | proposed protocol if it finds that the implementation of the | ||||||
| 23 | protocol would result in no survivor of sexual assault being | ||||||
| 24 | billed or sent a bill for medical forensic services. | ||||||
| 25 | If the Office of the Attorney General determines that | ||||||
| 26 | implementation of the protocol could result in the billing of | ||||||
| |||||||
| |||||||
| 1 | a survivor of sexual assault for medical forensic services, | ||||||
| 2 | the Office of the Attorney General shall provide the health | ||||||
| 3 | care professional or approved pediatric health care facility | ||||||
| 4 | with a written statement of the deficiencies in the protocol. | ||||||
| 5 | The health care professional or approved pediatric health care | ||||||
| 6 | facility shall have 30 days to submit a revised billing | ||||||
| 7 | protocol addressing the deficiencies to the Office of the | ||||||
| 8 | Attorney General. The health care professional or approved | ||||||
| 9 | pediatric health care facility shall implement the protocol | ||||||
| 10 | upon approval by the Crime Victim Services Division of the | ||||||
| 11 | Office of the Attorney General. | ||||||
| 12 | The health care professional or approved pediatric health | ||||||
| 13 | care facility shall submit any proposed revision to or | ||||||
| 14 | modification of an approved billing protocol to the Crime | ||||||
| 15 | Victim Services Division of the Office of the Attorney General | ||||||
| 16 | for approval. The health care professional or approved | ||||||
| 17 | pediatric health care facility shall implement the revised or | ||||||
| 18 | modified billing protocol upon approval by the Crime Victim | ||||||
| 19 | Services Division of the Office of the Illinois Attorney | ||||||
| 20 | General.
| ||||||
| 21 | (e) This Section is effective on and after January 1, | ||||||
| 22 | 2022. | ||||||
| 23 | (Source: P.A. 101-634, eff. 6-5-20; 101-652, eff. 7-1-21; | ||||||
| 24 | 102-22, eff. 6-25-21.)
| ||||||
| 25 | Section 170. The Illinois Vehicle Code is amended by | ||||||
| |||||||
| |||||||
| 1 | changing Sections 6-204, 6-206, 6-308, 6-500, 6-601, and | ||||||
| 2 | 16-103 as follows:
| ||||||
| 3 | (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
| ||||||
| 4 | Sec. 6-204. When court to forward license and reports.
| ||||||
| 5 | (a) For the purpose of providing to the Secretary of State | ||||||
| 6 | the records
essential to the performance of the Secretary's | ||||||
| 7 | duties under this Code to
cancel, revoke or suspend the | ||||||
| 8 | driver's license and privilege to drive motor
vehicles of | ||||||
| 9 | certain minors and of persons
found guilty of the criminal | ||||||
| 10 | offenses or traffic violations
which this Code recognizes as | ||||||
| 11 | evidence relating to unfitness to safely operate
motor | ||||||
| 12 | vehicles, the following duties are imposed upon public | ||||||
| 13 | officials:
| ||||||
| 14 | (1) Whenever any person is convicted of any offense | ||||||
| 15 | for which
this
Code makes mandatory the cancellation or | ||||||
| 16 | revocation of the driver's
license or permit of such | ||||||
| 17 | person by the Secretary of State, the judge of the
court in | ||||||
| 18 | which such conviction is had shall require the surrender | ||||||
| 19 | to the clerk
of the court of all driver's licenses or | ||||||
| 20 | permits then held by the person so
convicted, and the | ||||||
| 21 | clerk of the court shall, within 5 days thereafter, | ||||||
| 22 | forward
the same, together with a report of such | ||||||
| 23 | conviction, to the Secretary.
| ||||||
| 24 | (2) Whenever any person is convicted of any offense | ||||||
| 25 | under this
Code or
similar offenses under a municipal | ||||||
| |||||||
| |||||||
| 1 | ordinance, other than regulations
governing standing, | ||||||
| 2 | parking or weights of vehicles, and excepting the
| ||||||
| 3 | following enumerated Sections of this Code: Sections | ||||||
| 4 | 11-1406 (obstruction
to driver's view or control), 11-1407 | ||||||
| 5 | (improper opening of door into
traffic), 11-1410 (coasting | ||||||
| 6 | on downgrade), 11-1411 (following fire
apparatus), | ||||||
| 7 | 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
| ||||||
| 8 | vehicle which is in unsafe condition or improperly | ||||||
| 9 | equipped), 12-201(a)
(daytime lights on motorcycles), | ||||||
| 10 | 12-202 (clearance, identification and
side marker lamps), | ||||||
| 11 | 12-204 (lamp or flag on projecting load), 12-205
(failure | ||||||
| 12 | to display the safety lights required), 12-401 | ||||||
| 13 | (restrictions as
to tire equipment), 12-502 (mirrors), | ||||||
| 14 | 12-503 (windshields must be
unobstructed and equipped with | ||||||
| 15 | wipers), 12-601 (horns and warning
devices), 12-602 | ||||||
| 16 | (mufflers, prevention of noise or smoke), 12-603 (seat
| ||||||
| 17 | safety belts), 12-702 (certain vehicles to carry flares or | ||||||
| 18 | other warning
devices), 12-703 (vehicles for oiling roads | ||||||
| 19 | operated on highways),
12-710 (splash guards and | ||||||
| 20 | replacements), 13-101 (safety tests), 15-101
(size, weight | ||||||
| 21 | and load), 15-102 (width), 15-103 (height), 15-104 (name
| ||||||
| 22 | and address on second division vehicles), 15-107 (length | ||||||
| 23 | of vehicle),
15-109.1 (cover or tarpaulin), 15-111 | ||||||
| 24 | (weights), 15-112 (weights), 15-301
(weights), 15-316 | ||||||
| 25 | (weights), 15-318 (weights), and also excepting the | ||||||
| 26 | following
enumerated Sections of the Chicago Municipal | ||||||
| |||||||
| |||||||
| 1 | Code: Sections 27-245 (following
fire apparatus), 27-254 | ||||||
| 2 | (obstruction of traffic), 27-258 (driving vehicle which
is | ||||||
| 3 | in unsafe condition), 27-259 (coasting on downgrade), | ||||||
| 4 | 27-264 (use of horns
and signal devices), 27-265 | ||||||
| 5 | (obstruction to driver's view or driver mechanism),
27-267 | ||||||
| 6 | (dimming of headlights), 27-268 (unattended motor | ||||||
| 7 | vehicle), 27-272
(illegal funeral procession), 27-273 | ||||||
| 8 | (funeral procession on boulevard), 27-275
(driving freight | ||||||
| 9 | hauling vehicles on boulevard), 27-276 (stopping and | ||||||
| 10 | standing
of buses or taxicabs), 27-277 (cruising of public | ||||||
| 11 | passenger vehicles), 27-305
(parallel parking), 27-306 | ||||||
| 12 | (diagonal parking), 27-307 (parking not to obstruct
| ||||||
| 13 | traffic), 27-308 (stopping, standing or parking | ||||||
| 14 | regulated), 27-311 (parking
regulations), 27-312 (parking | ||||||
| 15 | regulations), 27-313 (parking regulations),
27-314 | ||||||
| 16 | (parking regulations), 27-315 (parking regulations), | ||||||
| 17 | 27-316 (parking
regulations), 27-317 (parking | ||||||
| 18 | regulations), 27-318 (parking regulations),
27-319 | ||||||
| 19 | (parking regulations), 27-320 (parking regulations), | ||||||
| 20 | 27-321 (parking
regulations), 27-322 (parking | ||||||
| 21 | regulations), 27-324 (loading and
unloading at an angle), | ||||||
| 22 | 27-333 (wheel and axle loads), 27-334 (load
restrictions | ||||||
| 23 | in the downtown district), 27-335 (load restrictions in
| ||||||
| 24 | residential areas), 27-338 (width of vehicles), 27-339 | ||||||
| 25 | (height of
vehicles), 27-340 (length of vehicles), 27-352 | ||||||
| 26 | (reflectors on trailers),
27-353 (mufflers), 27-354 | ||||||
| |||||||
| |||||||
| 1 | (display of plates), 27-355 (display of city
vehicle tax | ||||||
| 2 | sticker), 27-357 (identification of vehicles), 27-358
| ||||||
| 3 | (projecting of loads), and also excepting the following | ||||||
| 4 | enumerated
paragraphs of Section 2-201 of the Rules and | ||||||
| 5 | Regulations of the Illinois
State Toll Highway Authority: | ||||||
| 6 | (l) (driving unsafe vehicle on tollway),
(m) (vehicles | ||||||
| 7 | transporting dangerous cargo not properly indicated), it
| ||||||
| 8 | shall be the duty of the clerk of the court in which such | ||||||
| 9 | conviction is
had within 5 days thereafter to forward to | ||||||
| 10 | the Secretary of State a report of
the conviction and the | ||||||
| 11 | court may recommend the suspension of the driver's
license | ||||||
| 12 | or permit of the person so convicted.
| ||||||
| 13 | The reporting requirements of this subsection shall | ||||||
| 14 | apply to all
violations stated in paragraphs (1) and (2) | ||||||
| 15 | of this
subsection when the
individual has been | ||||||
| 16 | adjudicated under the Juvenile Court Act or the
Juvenile | ||||||
| 17 | Court Act of 1987. Such reporting requirements shall also | ||||||
| 18 | apply to
individuals adjudicated under the Juvenile Court | ||||||
| 19 | Act or the Juvenile Court Act
of 1987 who have committed a | ||||||
| 20 | violation of Section 11-501 of this Code, or
similar | ||||||
| 21 | provision of a local ordinance, or Section 9-3 of the | ||||||
| 22 | Criminal Code
of 1961 or the Criminal Code of 2012, | ||||||
| 23 | relating to the offense of reckless homicide, or Section | ||||||
| 24 | 5-7 of the Snowmobile Registration and Safety Act or | ||||||
| 25 | Section 5-16 of the Boat Registration and Safety Act, | ||||||
| 26 | relating to the offense of operating a snowmobile or a | ||||||
| |||||||
| |||||||
| 1 | watercraft while under the influence of alcohol, other | ||||||
| 2 | drug or drugs, intoxicating compound or compounds, or | ||||||
| 3 | combination thereof.
These reporting requirements also | ||||||
| 4 | apply to individuals adjudicated under the Juvenile Court | ||||||
| 5 | Act of 1987 based on any offense determined to have been | ||||||
| 6 | committed in furtherance of the criminal activities of an | ||||||
| 7 | organized gang, as provided in Section 5-710 of that Act, | ||||||
| 8 | if those activities involved the operation or use of a | ||||||
| 9 | motor vehicle. It shall be the duty of the clerk of the | ||||||
| 10 | court in which
adjudication is had within 5 days | ||||||
| 11 | thereafter to forward to the Secretary of
State a report | ||||||
| 12 | of the adjudication and the court order requiring the | ||||||
| 13 | Secretary
of State to suspend the minor's driver's license | ||||||
| 14 | and driving privilege for such
time as determined by the | ||||||
| 15 | court, but only until he or she attains the age of 18
| ||||||
| 16 | years. All juvenile court dispositions reported to the | ||||||
| 17 | Secretary of State
under this provision shall be processed | ||||||
| 18 | by the Secretary of State as if the
cases had been | ||||||
| 19 | adjudicated in traffic or criminal court. However, | ||||||
| 20 | information
reported relative to the offense of reckless | ||||||
| 21 | homicide, or Section 11-501 of
this Code, or a similar | ||||||
| 22 | provision of a local ordinance, shall be privileged
and | ||||||
| 23 | available only to the Secretary of State, courts, and | ||||||
| 24 | police officers.
| ||||||
| 25 | The reporting requirements of this subsection (a) | ||||||
| 26 | apply to all violations listed in paragraphs (1) and (2) | ||||||
| |||||||
| |||||||
| 1 | of this subsection (a), excluding parking violations, when | ||||||
| 2 | the driver holds a CLP or CDL, regardless of the type of | ||||||
| 3 | vehicle in which the violation occurred, or when any | ||||||
| 4 | driver committed the violation in a commercial motor | ||||||
| 5 | vehicle as defined in Section 6-500 of this Code.
| ||||||
| 6 | (3) Whenever an order is entered vacating the | ||||||
| 7 | conditions of pretrial release forfeiture of any
bail,
| ||||||
| 8 | security or bond given to secure appearance for any | ||||||
| 9 | offense under this
Code or similar offenses under | ||||||
| 10 | municipal ordinance, it shall be the duty
of the clerk of | ||||||
| 11 | the court in which such vacation was had or the judge of
| ||||||
| 12 | such court if such court has no clerk, within 5 days | ||||||
| 13 | thereafter to
forward to the Secretary of State a report | ||||||
| 14 | of the vacation.
| ||||||
| 15 | (4) A report of any disposition of court supervision | ||||||
| 16 | for a
violation of
Sections 6-303, 11-401, 11-501 or a | ||||||
| 17 | similar provision of a local ordinance,
11-503, 11-504, | ||||||
| 18 | and 11-506 of this Code, Section 5-7 of the Snowmobile | ||||||
| 19 | Registration and Safety Act, and Section 5-16 of the Boat | ||||||
| 20 | Registration and Safety Act shall be forwarded to the | ||||||
| 21 | Secretary of State.
A report of any disposition of court | ||||||
| 22 | supervision for a violation of an offense
defined as a | ||||||
| 23 | serious traffic violation in this Code or a similar | ||||||
| 24 | provision of a
local ordinance committed by a person under | ||||||
| 25 | the age of 21 years shall be
forwarded to the Secretary of | ||||||
| 26 | State.
| ||||||
| |||||||
| |||||||
| 1 | (5) Reports of conviction
under this Code
and | ||||||
| 2 | sentencing hearings under the
Juvenile Court
Act of 1987 | ||||||
| 3 | in an electronic format
or a computer processible medium
| ||||||
| 4 | shall
be
forwarded to the Secretary of State via the | ||||||
| 5 | Supreme Court in the form and
format required by the | ||||||
| 6 | Illinois Supreme Court and established by a written
| ||||||
| 7 | agreement between the Supreme Court and the Secretary of | ||||||
| 8 | State.
In counties with a population over 300,000, instead | ||||||
| 9 | of forwarding reports to
the Supreme Court, reports of | ||||||
| 10 | conviction
under this Code
and sentencing hearings under | ||||||
| 11 | the
Juvenile Court Act of 1987 in an electronic format
or a | ||||||
| 12 | computer processible medium
may
be forwarded to the | ||||||
| 13 | Secretary of State by the Circuit Court Clerk in a form and
| ||||||
| 14 | format required by the Secretary of State and established | ||||||
| 15 | by written agreement
between the Circuit Court Clerk and | ||||||
| 16 | the Secretary of State. Failure to
forward the reports of | ||||||
| 17 | conviction or sentencing hearing under the Juvenile
Court | ||||||
| 18 | Act of 1987 as required by this Section shall be
deemed an | ||||||
| 19 | omission of duty and it shall be the duty of the several | ||||||
| 20 | State's
Attorneys to enforce the requirements of this | ||||||
| 21 | Section.
| ||||||
| 22 | (b) Whenever a restricted driving permit is forwarded to a | ||||||
| 23 | court, as a
result of confiscation by a police officer | ||||||
| 24 | pursuant to the authority in
Section 6-113(f), it shall be the | ||||||
| 25 | duty of the clerk, or judge, if the court
has no clerk, to | ||||||
| 26 | forward such restricted driving permit and a facsimile of
the | ||||||
| |||||||
| |||||||
| 1 | officer's citation to the Secretary of State as expeditiously | ||||||
| 2 | as
practicable.
| ||||||
| 3 | (c) For the purposes of this Code, a violation of the | ||||||
| 4 | conditions of pretrial release forfeiture of bail or | ||||||
| 5 | collateral
deposited to secure a defendant's appearance in | ||||||
| 6 | court when the conditions of pretrial release have forfeiture
| ||||||
| 7 | has not been vacated, or the failure of a defendant to appear | ||||||
| 8 | for trial
after depositing his driver's license in lieu of | ||||||
| 9 | other bail, shall be
equivalent to a conviction.
| ||||||
| 10 | (d) For the purpose of providing the Secretary of State | ||||||
| 11 | with records
necessary to properly monitor and assess driver | ||||||
| 12 | performance and assist the
courts in the proper disposition of | ||||||
| 13 | repeat traffic law offenders, the clerk
of the court shall | ||||||
| 14 | forward to the Secretary of State,
on a form prescribed
by the | ||||||
| 15 | Secretary, records of a driver's participation in a driver | ||||||
| 16 | remedial
or rehabilitative program which was required, through | ||||||
| 17 | a court order or court
supervision, in relation to the | ||||||
| 18 | driver's arrest for a violation of Section
11-501 of this Code | ||||||
| 19 | or a similar provision of a local ordinance.
The clerk of the | ||||||
| 20 | court shall also forward to the Secretary, either on
paper or | ||||||
| 21 | in an electronic format or a computer processible medium as | ||||||
| 22 | required
under paragraph (5) of subsection (a) of this | ||||||
| 23 | Section, any disposition
of court supervision for any traffic | ||||||
| 24 | violation,
excluding those offenses listed in paragraph (2)
of | ||||||
| 25 | subsection (a) of this Section.
These reports
shall be sent | ||||||
| 26 | within 5
days after disposition, or, if
the driver is
referred | ||||||
| |||||||
| |||||||
| 1 | to a driver
remedial or rehabilitative program, within 5 days | ||||||
| 2 | of the driver's referral
to that program.
These reports | ||||||
| 3 | received by the Secretary of State, including those required | ||||||
| 4 | to
be forwarded under paragraph (a)(4), shall be privileged | ||||||
| 5 | information, available
only (i) to the affected driver, (ii) | ||||||
| 6 | to the parent or guardian of a person under the age of 18 years | ||||||
| 7 | holding an instruction permit or a graduated driver's license, | ||||||
| 8 | and (iii) for use by the courts, police
officers, prosecuting | ||||||
| 9 | authorities, the Secretary of State, and the driver licensing | ||||||
| 10 | administrator of any other state. In accordance with 49 C.F.R. | ||||||
| 11 | Part 384, all reports of court supervision, except violations | ||||||
| 12 | related to parking, shall be forwarded to the Secretary of | ||||||
| 13 | State for all holders of a CLP or CDL or any driver who commits | ||||||
| 14 | an offense while driving a commercial motor vehicle. These | ||||||
| 15 | reports shall be recorded to the driver's record as a | ||||||
| 16 | conviction for use in the disqualification of the driver's | ||||||
| 17 | commercial motor vehicle privileges and shall not be | ||||||
| 18 | privileged information.
| ||||||
| 19 | (Source: P.A. 100-74, eff. 8-11-17; 101-623, eff. 7-1-20; | ||||||
| 20 | 101-652.)
| ||||||
| 21 | (625 ILCS 5/6-206)
| ||||||
| 22 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
| 23 | license or
permit; right to a hearing.
| ||||||
| 24 | (a) The Secretary of State is authorized to suspend or | ||||||
| 25 | revoke the
driving privileges of any person without | ||||||
| |||||||
| |||||||
| 1 | preliminary hearing upon a showing
of the person's records or | ||||||
| 2 | other sufficient evidence that
the person:
| ||||||
| 3 | 1. Has committed an offense for which mandatory | ||||||
| 4 | revocation of
a driver's license or permit is required | ||||||
| 5 | upon conviction;
| ||||||
| 6 | 2. Has been convicted of not less than 3 offenses | ||||||
| 7 | against traffic
regulations governing the movement of | ||||||
| 8 | vehicles committed within any 12-month 12
month period. No | ||||||
| 9 | revocation or suspension shall be entered more than
6 | ||||||
| 10 | months after the date of last conviction;
| ||||||
| 11 | 3. Has been repeatedly involved as a driver in motor | ||||||
| 12 | vehicle
collisions or has been repeatedly convicted of | ||||||
| 13 | offenses against laws and
ordinances regulating the | ||||||
| 14 | movement of traffic, to a degree that
indicates lack of | ||||||
| 15 | ability to exercise ordinary and reasonable care in
the | ||||||
| 16 | safe operation of a motor vehicle or disrespect for the | ||||||
| 17 | traffic laws
and the safety of other persons upon the | ||||||
| 18 | highway;
| ||||||
| 19 | 4. Has by the unlawful operation of a motor vehicle | ||||||
| 20 | caused or
contributed to an accident resulting in injury | ||||||
| 21 | requiring
immediate professional treatment in a medical | ||||||
| 22 | facility or doctor's office
to any person, except that any | ||||||
| 23 | suspension or revocation imposed by the
Secretary of State | ||||||
| 24 | under the provisions of this subsection shall start no
| ||||||
| 25 | later than 6 months after being convicted of violating a | ||||||
| 26 | law or
ordinance regulating the movement of traffic, which | ||||||
| |||||||
| |||||||
| 1 | violation is related
to the accident, or shall start not | ||||||
| 2 | more than one year
after
the date of the accident, | ||||||
| 3 | whichever date occurs later;
| ||||||
| 4 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
| 5 | driver's
license, identification card, or permit;
| ||||||
| 6 | 6. Has been lawfully convicted of an offense or | ||||||
| 7 | offenses in another
state, including the authorization | ||||||
| 8 | contained in Section 6-203.1, which
if committed within | ||||||
| 9 | this State would be grounds for suspension or revocation;
| ||||||
| 10 | 7. Has refused or failed to submit to an examination | ||||||
| 11 | provided for by
Section 6-207 or has failed to pass the | ||||||
| 12 | examination;
| ||||||
| 13 | 8. Is ineligible for a driver's license or permit | ||||||
| 14 | under the provisions
of Section 6-103;
| ||||||
| 15 | 9. Has made a false statement or knowingly concealed a | ||||||
| 16 | material fact
or has used false information or | ||||||
| 17 | identification in any application for a
license, | ||||||
| 18 | identification card, or permit;
| ||||||
| 19 | 10. Has possessed, displayed, or attempted to | ||||||
| 20 | fraudulently use any
license, identification card, or | ||||||
| 21 | permit not issued to the person;
| ||||||
| 22 | 11. Has operated a motor vehicle upon a highway of | ||||||
| 23 | this State when
the person's driving privilege or | ||||||
| 24 | privilege to obtain a driver's license
or permit was | ||||||
| 25 | revoked or suspended unless the operation was authorized | ||||||
| 26 | by
a monitoring device driving permit, judicial driving | ||||||
| |||||||
| |||||||
| 1 | permit issued prior to January 1, 2009, probationary | ||||||
| 2 | license to drive, or restricted
driving permit issued | ||||||
| 3 | under this Code;
| ||||||
| 4 | 12. Has submitted to any portion of the application | ||||||
| 5 | process for
another person or has obtained the services of | ||||||
| 6 | another person to submit to
any portion of the application | ||||||
| 7 | process for the purpose of obtaining a
license, | ||||||
| 8 | identification card, or permit for some other person;
| ||||||
| 9 | 13. Has operated a motor vehicle upon a highway of | ||||||
| 10 | this State when
the person's driver's license or permit | ||||||
| 11 | was invalid under the provisions of
Sections 6-107.1 and
| ||||||
| 12 | 6-110;
| ||||||
| 13 | 14. Has committed a violation of Section 6-301, | ||||||
| 14 | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or | ||||||
| 15 | 14B of the Illinois Identification Card
Act;
| ||||||
| 16 | 15. Has been convicted of violating Section 21-2 of | ||||||
| 17 | the Criminal Code
of 1961 or the Criminal Code of 2012 | ||||||
| 18 | relating to criminal trespass to vehicles if the person | ||||||
| 19 | exercised actual physical control over the vehicle during | ||||||
| 20 | the commission of the offense, in which case the | ||||||
| 21 | suspension
shall be for one year;
| ||||||
| 22 | 16. Has been convicted of violating Section 11-204 of | ||||||
| 23 | this Code relating
to fleeing from a peace officer;
| ||||||
| 24 | 17. Has refused to submit to a test, or tests, as | ||||||
| 25 | required under Section
11-501.1 of this Code and the | ||||||
| 26 | person has not sought a hearing as
provided for in Section | ||||||
| |||||||
| |||||||
| 1 | 11-501.1;
| ||||||
| 2 | 18. (Blank);
| ||||||
| 3 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
| 4 | of Section 6-101
relating to driving without a driver's | ||||||
| 5 | license;
| ||||||
| 6 | 20. Has been convicted of violating Section 6-104 | ||||||
| 7 | relating to
classification of driver's license;
| ||||||
| 8 | 21. Has been convicted of violating Section 11-402 of
| ||||||
| 9 | this Code relating to leaving the scene of an accident | ||||||
| 10 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
| 11 | which case the suspension shall be
for one year;
| ||||||
| 12 | 22. Has used a motor vehicle in violating paragraph | ||||||
| 13 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
| 14 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
| 15 | relating
to unlawful use of weapons, in which case the | ||||||
| 16 | suspension shall be for one
year;
| ||||||
| 17 | 23. Has, as a driver, been convicted of committing a | ||||||
| 18 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
| 19 | for a second or subsequent
time within one year of a | ||||||
| 20 | similar violation;
| ||||||
| 21 | 24. Has been convicted by a court-martial or punished | ||||||
| 22 | by non-judicial
punishment by military authorities of the | ||||||
| 23 | United States at a military
installation in Illinois or in | ||||||
| 24 | another state of or for a traffic-related traffic related | ||||||
| 25 | offense that is the
same as or similar to an offense | ||||||
| 26 | specified under Section 6-205 or 6-206 of
this Code;
| ||||||
| |||||||
| |||||||
| 1 | 25. Has permitted any form of identification to be | ||||||
| 2 | used by another in
the application process in order to | ||||||
| 3 | obtain or attempt to obtain a license,
identification | ||||||
| 4 | card, or permit;
| ||||||
| 5 | 26. Has altered or attempted to alter a license or has | ||||||
| 6 | possessed an
altered license, identification card, or | ||||||
| 7 | permit;
| ||||||
| 8 | 27. (Blank);
| ||||||
| 9 | 28. Has been convicted for a first time of the illegal | ||||||
| 10 | possession, while operating or
in actual physical control, | ||||||
| 11 | as a driver, of a motor vehicle, of any
controlled | ||||||
| 12 | substance prohibited under the Illinois Controlled | ||||||
| 13 | Substances
Act, any cannabis prohibited under the Cannabis | ||||||
| 14 | Control
Act, or any methamphetamine prohibited under the | ||||||
| 15 | Methamphetamine Control and Community Protection Act, in | ||||||
| 16 | which case the person's driving privileges shall be | ||||||
| 17 | suspended for
one year.
Any defendant found guilty of this | ||||||
| 18 | offense while operating a motor vehicle,
shall have an | ||||||
| 19 | entry made in the court record by the presiding judge that
| ||||||
| 20 | this offense did occur while the defendant was operating a | ||||||
| 21 | motor vehicle
and order the clerk of the court to report | ||||||
| 22 | the violation to the Secretary
of State;
| ||||||
| 23 | 29. Has been convicted of the following offenses that | ||||||
| 24 | were committed
while the person was operating or in actual | ||||||
| 25 | physical control, as a driver,
of a motor vehicle: | ||||||
| 26 | criminal sexual assault,
predatory criminal sexual assault | ||||||
| |||||||
| |||||||
| 1 | of a child,
aggravated criminal sexual
assault, criminal | ||||||
| 2 | sexual abuse, aggravated criminal sexual abuse, juvenile
| ||||||
| 3 | pimping, soliciting for a juvenile prostitute, promoting | ||||||
| 4 | juvenile prostitution as described in subdivision (a)(1), | ||||||
| 5 | (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code | ||||||
| 6 | of 1961 or the Criminal Code of 2012, and the manufacture, | ||||||
| 7 | sale or
delivery of controlled substances or instruments | ||||||
| 8 | used for illegal drug use
or abuse in which case the | ||||||
| 9 | driver's driving privileges shall be suspended
for one | ||||||
| 10 | year;
| ||||||
| 11 | 30. Has been convicted a second or subsequent time for | ||||||
| 12 | any
combination of the offenses named in paragraph 29 of | ||||||
| 13 | this subsection,
in which case the person's driving | ||||||
| 14 | privileges shall be suspended for 5
years;
| ||||||
| 15 | 31. Has refused to submit to a test as
required by | ||||||
| 16 | Section 11-501.6 of this Code or Section 5-16c of the Boat | ||||||
| 17 | Registration and Safety Act or has submitted to a test | ||||||
| 18 | resulting in
an alcohol concentration of 0.08 or more or | ||||||
| 19 | any amount of a drug, substance, or
compound resulting | ||||||
| 20 | from the unlawful use or consumption of cannabis as listed
| ||||||
| 21 | in the Cannabis Control Act, a controlled substance as | ||||||
| 22 | listed in the Illinois
Controlled Substances Act, an | ||||||
| 23 | intoxicating compound as listed in the Use of
Intoxicating | ||||||
| 24 | Compounds Act, or methamphetamine as listed in the | ||||||
| 25 | Methamphetamine Control and Community Protection Act, in | ||||||
| 26 | which case the penalty shall be
as prescribed in Section | ||||||
| |||||||
| |||||||
| 1 | 6-208.1;
| ||||||
| 2 | 32. Has been convicted of Section 24-1.2 of the | ||||||
| 3 | Criminal Code of
1961 or the Criminal Code of 2012 | ||||||
| 4 | relating to the aggravated discharge of a firearm if the | ||||||
| 5 | offender was
located in a motor vehicle at the time the | ||||||
| 6 | firearm was discharged, in which
case the suspension shall | ||||||
| 7 | be for 3 years;
| ||||||
| 8 | 33. Has as a driver, who was less than 21 years of age | ||||||
| 9 | on the date of
the offense, been convicted a first time of | ||||||
| 10 | a violation of paragraph (a) of
Section 11-502 of this | ||||||
| 11 | Code or a similar provision of a local ordinance;
| ||||||
| 12 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
| 13 | this Code or a similar provision of a local ordinance;
| ||||||
| 14 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
| 15 | this Code or a similar provision of a local ordinance;
| ||||||
| 16 | 36. Is under the age of 21 years at the time of arrest | ||||||
| 17 | and has been
convicted of not less than 2 offenses against | ||||||
| 18 | traffic regulations governing
the movement of vehicles | ||||||
| 19 | committed within any 24-month 24 month period. No | ||||||
| 20 | revocation
or suspension shall be entered more than 6 | ||||||
| 21 | months after the date of last
conviction;
| ||||||
| 22 | 37. Has committed a violation of subsection (c) of | ||||||
| 23 | Section 11-907 of this
Code that resulted in damage to the | ||||||
| 24 | property of another or the death or injury of another;
| ||||||
| 25 | 38. Has been convicted of a violation of Section 6-20 | ||||||
| 26 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
| |||||||
| |||||||
| 1 | a local ordinance and the person was an occupant of a motor | ||||||
| 2 | vehicle at the time of the violation;
| ||||||
| 3 | 39. Has committed a second or subsequent violation of | ||||||
| 4 | Section
11-1201 of this Code;
| ||||||
| 5 | 40. Has committed a violation of subsection (a-1) of | ||||||
| 6 | Section 11-908 of
this Code; | ||||||
| 7 | 41. Has committed a second or subsequent violation of | ||||||
| 8 | Section 11-605.1 of this Code, a similar provision of a | ||||||
| 9 | local ordinance, or a similar violation in any other state | ||||||
| 10 | within 2 years of the date of the previous violation, in | ||||||
| 11 | which case the suspension shall be for 90 days; | ||||||
| 12 | 42. Has committed a violation of subsection (a-1) of | ||||||
| 13 | Section 11-1301.3 of this Code or a similar provision of a | ||||||
| 14 | local ordinance;
| ||||||
| 15 | 43. Has received a disposition of court supervision | ||||||
| 16 | for a violation of subsection (a), (d), or (e) of Section | ||||||
| 17 | 6-20 of the Liquor
Control Act of 1934 or a similar | ||||||
| 18 | provision of a local ordinance and the person was an | ||||||
| 19 | occupant of a motor vehicle at the time of the violation, | ||||||
| 20 | in which case the suspension shall be for a period of 3 | ||||||
| 21 | months;
| ||||||
| 22 | 44.
Is under the age of 21 years at the time of arrest | ||||||
| 23 | and has been convicted of an offense against traffic | ||||||
| 24 | regulations governing the movement of vehicles after | ||||||
| 25 | having previously had his or her driving privileges
| ||||||
| 26 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
| |||||||
| |||||||
| 1 | Section; | ||||||
| 2 | 45.
Has, in connection with or during the course of a | ||||||
| 3 | formal hearing conducted under Section 2-118 of this Code: | ||||||
| 4 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
| 5 | falsified documents; (iii) submitted documents that have | ||||||
| 6 | been materially altered; or (iv) submitted, as his or her | ||||||
| 7 | own, documents that were in fact prepared or composed for | ||||||
| 8 | another person; | ||||||
| 9 | 46. Has committed a violation of subsection (j) of | ||||||
| 10 | Section 3-413 of this Code;
| ||||||
| 11 | 47. Has committed a violation of subsection (a) of | ||||||
| 12 | Section 11-502.1 of this Code; | ||||||
| 13 | 48. Has submitted a falsified or altered medical | ||||||
| 14 | examiner's certificate to the Secretary of State or | ||||||
| 15 | provided false information to obtain a medical examiner's | ||||||
| 16 | certificate; | ||||||
| 17 | 49. Has been convicted of a violation of Section | ||||||
| 18 | 11-1002 or 11-1002.5 that resulted in a Type A injury to | ||||||
| 19 | another, in which case the driving privileges of the | ||||||
| 20 | person shall be suspended for 12 months; or | ||||||
| 21 | 50. Has committed a violation of subsection (b-5) of | ||||||
| 22 | Section 12-610.2 that resulted in great bodily harm, | ||||||
| 23 | permanent disability, or disfigurement, in which case the | ||||||
| 24 | driving privileges of the person shall be suspended for 12 | ||||||
| 25 | months.; or 50 | ||||||
| 26 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
| |||||||
| |||||||
| 1 | and 27 of this
subsection, license means any driver's license, | ||||||
| 2 | any traffic ticket issued when
the person's driver's license | ||||||
| 3 | is deposited in lieu of bail, a suspension
notice issued by the | ||||||
| 4 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
| 5 | a probationary driver's license, or a temporary driver's | ||||||
| 6 | license. | ||||||
| 7 | (b) If any conviction forming the basis of a suspension or
| ||||||
| 8 | revocation authorized under this Section is appealed, the
| ||||||
| 9 | Secretary of State may rescind or withhold the entry of the | ||||||
| 10 | order of suspension
or revocation, as the case may be, | ||||||
| 11 | provided that a certified copy of a stay
order of a court is | ||||||
| 12 | filed with the Secretary of State. If the conviction is
| ||||||
| 13 | affirmed on appeal, the date of the conviction shall relate | ||||||
| 14 | back to the time
the original judgment of conviction was | ||||||
| 15 | entered and the 6-month 6 month limitation
prescribed shall | ||||||
| 16 | not apply.
| ||||||
| 17 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
| 18 | permit of
any person as authorized in this Section, the | ||||||
| 19 | Secretary of State shall
immediately notify the person in | ||||||
| 20 | writing of the revocation or suspension.
The notice to be | ||||||
| 21 | deposited in the United States mail, postage prepaid,
to the | ||||||
| 22 | last known address of the person.
| ||||||
| 23 | 2. If the Secretary of State suspends the driver's license
| ||||||
| 24 | of a person under subsection 2 of paragraph (a) of this | ||||||
| 25 | Section, a
person's privilege to operate a vehicle as an | ||||||
| 26 | occupation shall not be
suspended, provided an affidavit is | ||||||
| |||||||
| |||||||
| 1 | properly completed, the appropriate fee
received, and a permit | ||||||
| 2 | issued prior to the effective date of the
suspension, unless 5 | ||||||
| 3 | offenses were committed, at least 2 of which occurred
while | ||||||
| 4 | operating a commercial vehicle in connection with the driver's
| ||||||
| 5 | regular occupation. All other driving privileges shall be | ||||||
| 6 | suspended by the
Secretary of State. Any driver prior to | ||||||
| 7 | operating a vehicle for
occupational purposes only must submit | ||||||
| 8 | the affidavit on forms to be
provided by the Secretary of State | ||||||
| 9 | setting forth the facts of the person's
occupation. The | ||||||
| 10 | affidavit shall also state the number of offenses
committed | ||||||
| 11 | while operating a vehicle in connection with the driver's | ||||||
| 12 | regular
occupation. The affidavit shall be accompanied by the | ||||||
| 13 | driver's license.
Upon receipt of a properly completed | ||||||
| 14 | affidavit, the Secretary of State
shall issue the driver a | ||||||
| 15 | permit to operate a vehicle in connection with the
driver's | ||||||
| 16 | regular occupation only. Unless the permit is issued by the
| ||||||
| 17 | Secretary of State prior to the date of suspension, the | ||||||
| 18 | privilege to drive
any motor vehicle shall be suspended as set | ||||||
| 19 | forth in the notice that was
mailed under this Section. If an | ||||||
| 20 | affidavit is received subsequent to the
effective date of this | ||||||
| 21 | suspension, a permit may be issued for the remainder
of the | ||||||
| 22 | suspension period.
| ||||||
| 23 | The provisions of this subparagraph shall not apply to any | ||||||
| 24 | driver
required to possess a CDL for the purpose of operating a | ||||||
| 25 | commercial motor vehicle.
| ||||||
| 26 | Any person who falsely states any fact in the affidavit | ||||||
| |||||||
| |||||||
| 1 | required
herein shall be guilty of perjury under Section 6-302 | ||||||
| 2 | and upon conviction
thereof shall have all driving privileges | ||||||
| 3 | revoked without further rights.
| ||||||
| 4 | 3. At the conclusion of a hearing under Section 2-118 of | ||||||
| 5 | this Code,
the Secretary of State shall either rescind or | ||||||
| 6 | continue an order of
revocation or shall substitute an order | ||||||
| 7 | of suspension; or, good
cause appearing therefor, rescind, | ||||||
| 8 | continue, change, or extend the
order of suspension. If the | ||||||
| 9 | Secretary of State does not rescind the order,
the Secretary | ||||||
| 10 | may upon application,
to relieve undue hardship (as defined by | ||||||
| 11 | the rules of the Secretary of State), issue
a restricted | ||||||
| 12 | driving permit granting the privilege of driving a motor
| ||||||
| 13 | vehicle between the petitioner's residence and petitioner's | ||||||
| 14 | place of
employment or within the scope of the petitioner's | ||||||
| 15 | employment-related employment related duties, or to
allow the | ||||||
| 16 | petitioner to transport himself or herself, or a family member | ||||||
| 17 | of the
petitioner's household to a medical facility, to | ||||||
| 18 | receive necessary medical care, to allow the petitioner to | ||||||
| 19 | transport himself or herself to and from alcohol or drug
| ||||||
| 20 | remedial or rehabilitative activity recommended by a licensed | ||||||
| 21 | service provider, or to allow the petitioner to transport | ||||||
| 22 | himself or herself or a family member of the petitioner's | ||||||
| 23 | household to classes, as a student, at an accredited | ||||||
| 24 | educational institution, or to allow the petitioner to | ||||||
| 25 | transport children, elderly persons, or persons with | ||||||
| 26 | disabilities who do not hold driving privileges and are living | ||||||
| |||||||
| |||||||
| 1 | in the petitioner's household to and from daycare. The
| ||||||
| 2 | petitioner must demonstrate that no alternative means of
| ||||||
| 3 | transportation is reasonably available and that the petitioner | ||||||
| 4 | will not endanger
the public safety or welfare.
| ||||||
| 5 | (A) If a person's license or permit is revoked or | ||||||
| 6 | suspended due to 2
or more convictions of violating | ||||||
| 7 | Section 11-501 of this Code or a similar
provision of a | ||||||
| 8 | local ordinance or a similar out-of-state offense, or | ||||||
| 9 | Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
| 10 | Code of 2012, where the use of alcohol or other drugs is | ||||||
| 11 | recited as an element of the offense, or a similar | ||||||
| 12 | out-of-state offense, or a combination of these offenses, | ||||||
| 13 | arising out
of separate occurrences, that person, if | ||||||
| 14 | issued a restricted driving permit,
may not operate a | ||||||
| 15 | vehicle unless it has been equipped with an ignition
| ||||||
| 16 | interlock device as defined in Section 1-129.1.
| ||||||
| 17 | (B) If a person's license or permit is revoked or | ||||||
| 18 | suspended 2 or more
times due to any combination of: | ||||||
| 19 | (i) a single conviction of violating Section
| ||||||
| 20 | 11-501 of this Code or a similar provision of a local | ||||||
| 21 | ordinance or a similar
out-of-state offense or Section | ||||||
| 22 | 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 23 | of 2012, where the use of alcohol or other drugs is | ||||||
| 24 | recited as an element of the offense, or a similar | ||||||
| 25 | out-of-state offense; or | ||||||
| 26 | (ii) a statutory summary suspension or revocation | ||||||
| |||||||
| |||||||
| 1 | under Section
11-501.1; or | ||||||
| 2 | (iii) a suspension under Section 6-203.1; | ||||||
| 3 | arising out of
separate occurrences; that person, if | ||||||
| 4 | issued a restricted driving permit, may
not operate a | ||||||
| 5 | vehicle unless it has been
equipped with an ignition | ||||||
| 6 | interlock device as defined in Section 1-129.1. | ||||||
| 7 | (B-5) If a person's license or permit is revoked or | ||||||
| 8 | suspended due to a conviction for a violation of | ||||||
| 9 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
| 10 | of Section 11-501 of this Code, or a similar provision of a | ||||||
| 11 | local ordinance or similar out-of-state offense, that | ||||||
| 12 | person, if issued a restricted driving permit, may not | ||||||
| 13 | operate a vehicle unless it has been equipped with an | ||||||
| 14 | ignition interlock device as defined in Section 1-129.1. | ||||||
| 15 | (C)
The person issued a permit conditioned upon the | ||||||
| 16 | use of an ignition interlock device must pay to the | ||||||
| 17 | Secretary of State DUI Administration Fund an amount
not | ||||||
| 18 | to exceed $30 per month. The Secretary shall establish by | ||||||
| 19 | rule the amount
and the procedures, terms, and conditions | ||||||
| 20 | relating to these fees. | ||||||
| 21 | (D) If the
restricted driving permit is issued for | ||||||
| 22 | employment purposes, then the prohibition against | ||||||
| 23 | operating a motor vehicle that is not equipped with an | ||||||
| 24 | ignition interlock device does not apply to the operation | ||||||
| 25 | of an occupational vehicle owned or
leased by that | ||||||
| 26 | person's employer when used solely for employment | ||||||
| |||||||
| |||||||
| 1 | purposes. For any person who, within a 5-year period, is | ||||||
| 2 | convicted of a second or subsequent offense under Section | ||||||
| 3 | 11-501 of this Code, or a similar provision of a local | ||||||
| 4 | ordinance or similar out-of-state offense, this employment | ||||||
| 5 | exemption does not apply until either a one-year period | ||||||
| 6 | has elapsed during which that person had his or her | ||||||
| 7 | driving privileges revoked or a one-year period has | ||||||
| 8 | elapsed during which that person had a restricted driving | ||||||
| 9 | permit which required the use of an ignition interlock | ||||||
| 10 | device on every motor vehicle owned or operated by that | ||||||
| 11 | person. | ||||||
| 12 | (E) In each case the Secretary may issue a
restricted | ||||||
| 13 | driving permit for a period deemed appropriate, except | ||||||
| 14 | that all
permits shall expire no later than 2 years from | ||||||
| 15 | the date of issuance. A
restricted driving permit issued | ||||||
| 16 | under this Section shall be subject to
cancellation, | ||||||
| 17 | revocation, and suspension by the Secretary of State in | ||||||
| 18 | like
manner and for like cause as a driver's license | ||||||
| 19 | issued under this Code may be
cancelled, revoked, or | ||||||
| 20 | suspended; except that a conviction upon one or more
| ||||||
| 21 | offenses against laws or ordinances regulating the | ||||||
| 22 | movement of traffic
shall be deemed sufficient cause for | ||||||
| 23 | the revocation, suspension, or
cancellation of a | ||||||
| 24 | restricted driving permit. The Secretary of State may, as
| ||||||
| 25 | a condition to the issuance of a restricted driving | ||||||
| 26 | permit, require the
applicant to participate in a | ||||||
| |||||||
| |||||||
| 1 | designated driver remedial or rehabilitative
program. The | ||||||
| 2 | Secretary of State is authorized to cancel a restricted
| ||||||
| 3 | driving permit if the permit holder does not successfully | ||||||
| 4 | complete the program.
| ||||||
| 5 | (F) A person subject to the provisions of paragraph 4 | ||||||
| 6 | of subsection (b) of Section 6-208 of this Code may make | ||||||
| 7 | application for a restricted driving permit at a hearing | ||||||
| 8 | conducted under Section 2-118 of this Code after the | ||||||
| 9 | expiration of 5 years from the effective date of the most | ||||||
| 10 | recent revocation or after 5 years from the date of | ||||||
| 11 | release from a period of imprisonment resulting from a | ||||||
| 12 | conviction of the most recent offense, whichever is later, | ||||||
| 13 | provided the person, in addition to all other requirements | ||||||
| 14 | of the Secretary, shows by clear and convincing evidence: | ||||||
| 15 | (i) a minimum of 3 years of uninterrupted | ||||||
| 16 | abstinence from alcohol and the unlawful use or | ||||||
| 17 | consumption of cannabis under the Cannabis Control | ||||||
| 18 | Act, a controlled substance under the Illinois | ||||||
| 19 | Controlled Substances Act, an intoxicating compound | ||||||
| 20 | under the Use of Intoxicating Compounds Act, or | ||||||
| 21 | methamphetamine under the Methamphetamine Control and | ||||||
| 22 | Community Protection Act; and | ||||||
| 23 | (ii) the successful completion of any | ||||||
| 24 | rehabilitative treatment and involvement in any | ||||||
| 25 | ongoing rehabilitative activity that may be | ||||||
| 26 | recommended by a properly licensed service provider | ||||||
| |||||||
| |||||||
| 1 | according to an assessment of the person's alcohol or | ||||||
| 2 | drug use under Section 11-501.01 of this Code. | ||||||
| 3 | In determining whether an applicant is eligible for a | ||||||
| 4 | restricted driving permit under this subparagraph (F), the | ||||||
| 5 | Secretary may consider any relevant evidence, including, | ||||||
| 6 | but not limited to, testimony, affidavits, records, and | ||||||
| 7 | the results of regular alcohol or drug tests. Persons | ||||||
| 8 | subject to the provisions of paragraph 4 of subsection (b) | ||||||
| 9 | of Section 6-208 of this Code and who have been convicted | ||||||
| 10 | of more than one violation of paragraph (3), paragraph | ||||||
| 11 | (4), or paragraph (5) of subsection (a) of Section 11-501 | ||||||
| 12 | of this Code shall not be eligible to apply for a | ||||||
| 13 | restricted driving permit under this subparagraph (F). | ||||||
| 14 | A restricted driving permit issued under this | ||||||
| 15 | subparagraph (F) shall provide that the holder may only | ||||||
| 16 | operate motor vehicles equipped with an ignition interlock | ||||||
| 17 | device as required under paragraph (2) of subsection (c) | ||||||
| 18 | of Section 6-205 of this Code and subparagraph (A) of | ||||||
| 19 | paragraph 3 of subsection (c) of this Section. The | ||||||
| 20 | Secretary may revoke a restricted driving permit or amend | ||||||
| 21 | the conditions of a restricted driving permit issued under | ||||||
| 22 | this subparagraph (F) if the holder operates a vehicle | ||||||
| 23 | that is not equipped with an ignition interlock device, or | ||||||
| 24 | for any other reason authorized under this Code. | ||||||
| 25 | A restricted driving permit issued under this | ||||||
| 26 | subparagraph (F) shall be revoked, and the holder barred | ||||||
| |||||||
| |||||||
| 1 | from applying for or being issued a restricted driving | ||||||
| 2 | permit in the future, if the holder is convicted of a | ||||||
| 3 | violation of Section 11-501 of this Code, a similar | ||||||
| 4 | provision of a local ordinance, or a similar offense in | ||||||
| 5 | another state. | ||||||
| 6 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
| 7 | subsection (a), reports received by the Secretary of State | ||||||
| 8 | under this Section shall, except during the actual time the | ||||||
| 9 | suspension is in effect, be privileged information and for use | ||||||
| 10 | only by the courts, police officers, prosecuting authorities, | ||||||
| 11 | the driver licensing administrator of any other state, the | ||||||
| 12 | Secretary of State, or the parent or legal guardian of a driver | ||||||
| 13 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
| 14 | person is a CDL holder, the suspension shall also be made | ||||||
| 15 | available to the driver licensing administrator of any other | ||||||
| 16 | state, the U.S. Department of Transportation, and the affected | ||||||
| 17 | driver or motor
carrier or prospective motor carrier upon | ||||||
| 18 | request.
| ||||||
| 19 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
| 20 | subsection (a), the Secretary of State shall notify the person | ||||||
| 21 | by mail that his or her driving privileges and driver's | ||||||
| 22 | license will be suspended one month after the date of the | ||||||
| 23 | mailing of the notice.
| ||||||
| 24 | (c-5) The Secretary of State may, as a condition of the | ||||||
| 25 | reissuance of a
driver's license or permit to an applicant | ||||||
| 26 | whose driver's license or permit has
been suspended before he | ||||||
| |||||||
| |||||||
| 1 | or she reached the age of 21 years pursuant to any of
the | ||||||
| 2 | provisions of this Section, require the applicant to | ||||||
| 3 | participate in a
driver remedial education course and be | ||||||
| 4 | retested under Section 6-109 of this
Code.
| ||||||
| 5 | (d) This Section is subject to the provisions of the | ||||||
| 6 | Driver Drivers License
Compact.
| ||||||
| 7 | (e) The Secretary of State shall not issue a restricted | ||||||
| 8 | driving permit to
a person under the age of 16 years whose | ||||||
| 9 | driving privileges have been suspended
or revoked under any | ||||||
| 10 | provisions of this Code.
| ||||||
| 11 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
| 12 | State may not issue a restricted driving permit for the | ||||||
| 13 | operation of a commercial motor vehicle to a person holding a | ||||||
| 14 | CDL whose driving privileges have been suspended, revoked, | ||||||
| 15 | cancelled, or disqualified under any provisions of this Code. | ||||||
| 16 | (Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20; | ||||||
| 17 | 101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff. | ||||||
| 18 | 8-6-21; 102-558, eff. 8-20-21; revised 10-28-21.)
| ||||||
| 19 | (625 ILCS 5/6-308) | ||||||
| 20 | Sec. 6-308. Procedures for traffic violations. | ||||||
| 21 | (a) Any person cited for violating this Code or a similar | ||||||
| 22 | provision of a local ordinance for which a violation is a petty | ||||||
| 23 | offense as defined by Section 5-1-17 of the Unified Code of | ||||||
| 24 | Corrections, excluding business offenses as defined by Section | ||||||
| 25 | 5-1-2 of the Unified Code of Corrections or a violation of | ||||||
| |||||||
| |||||||
| 1 | Section 15-111 or subsection (d) of Section 3-401 of this | ||||||
| 2 | Code, shall not be required to sign the citation or post bond | ||||||
| 3 | to secure bail for his or her release. All other provisions of | ||||||
| 4 | this Code or similar provisions of local ordinances shall be | ||||||
| 5 | governed by the pretrial release bail provisions of the | ||||||
| 6 | Illinois Supreme Court Rules when it is not practical or | ||||||
| 7 | feasible to take the person before a judge to have conditions | ||||||
| 8 | of pretrial release bail set or to avoid undue delay because of | ||||||
| 9 | the hour or circumstances. | ||||||
| 10 | (b) Whenever a person fails to appear in court, the court | ||||||
| 11 | may continue the case for a minimum of 30 days and the clerk of | ||||||
| 12 | the court shall send notice of the continued court date to the | ||||||
| 13 | person's last known address. If the person does not appear in | ||||||
| 14 | court on or before the continued court date or satisfy the | ||||||
| 15 | court that the person's appearance in and surrender to the | ||||||
| 16 | court is impossible for no fault of the person, the court shall | ||||||
| 17 | enter an order of failure to appear. The clerk of the court | ||||||
| 18 | shall notify the Secretary of State, on a report prescribed by | ||||||
| 19 | the Secretary, of the court's order. The Secretary, when | ||||||
| 20 | notified by the clerk of the court that an order of failure to | ||||||
| 21 | appear has been entered, shall immediately suspend the | ||||||
| 22 | person's driver's license, which shall be designated by the | ||||||
| 23 | Secretary as a Failure to Appear suspension. The Secretary | ||||||
| 24 | shall not remove the suspension, nor issue any permit or | ||||||
| 25 | privileges to the person whose license has been suspended, | ||||||
| 26 | until notified by the ordering court that the person has | ||||||
| |||||||
| |||||||
| 1 | appeared and resolved the violation. Upon compliance, the | ||||||
| 2 | clerk of the court shall present the person with a notice of | ||||||
| 3 | compliance containing the seal of the court, and shall notify | ||||||
| 4 | the Secretary that the person has appeared and resolved the | ||||||
| 5 | violation. | ||||||
| 6 | (c) Illinois Supreme Court Rules shall govern pretrial | ||||||
| 7 | release bail and appearance procedures when a person who is a | ||||||
| 8 | resident of another state that is not a member of the | ||||||
| 9 | Nonresident Violator Compact of 1977 is cited for violating | ||||||
| 10 | this Code or a similar provision of a local ordinance.
| ||||||
| 11 | (Source: P.A. 100-674, eff. 1-1-19; 101-652.)
| ||||||
| 12 | (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
| ||||||
| 13 | Sec. 6-500. Definitions of words and phrases. | ||||||
| 14 | Notwithstanding the
definitions set forth elsewhere in this
| ||||||
| 15 | Code, for purposes of the Uniform Commercial Driver's License | ||||||
| 16 | Act
(UCDLA), the words and phrases listed below have the | ||||||
| 17 | meanings
ascribed to them as follows:
| ||||||
| 18 | (1) Alcohol. "Alcohol" means any substance containing any | ||||||
| 19 | form of
alcohol, including but not limited to ethanol,
| ||||||
| 20 | methanol,
propanol, and
isopropanol.
| ||||||
| 21 | (2) Alcohol concentration. "Alcohol concentration" means:
| ||||||
| 22 | (A) the number of grams of alcohol per 210 liters of | ||||||
| 23 | breath;
or
| ||||||
| 24 | (B) the number of grams of alcohol per 100 milliliters | ||||||
| 25 | of
blood; or
| ||||||
| |||||||
| |||||||
| 1 | (C) the number of grams of alcohol per 67 milliliters | ||||||
| 2 | of
urine.
| ||||||
| 3 | Alcohol tests administered within 2 hours of the driver | ||||||
| 4 | being
"stopped or detained" shall be considered that driver's | ||||||
| 5 | "alcohol
concentration" for the purposes of enforcing this | ||||||
| 6 | UCDLA.
| ||||||
| 7 | (3) (Blank).
| ||||||
| 8 | (4) (Blank).
| ||||||
| 9 | (5) (Blank).
| ||||||
| 10 | (5.3) CDLIS driver record. "CDLIS driver record" means the | ||||||
| 11 | electronic record of the individual CDL driver's status and | ||||||
| 12 | history stored by the State-of-Record as part of the | ||||||
| 13 | Commercial Driver's License Information System, or CDLIS, | ||||||
| 14 | established under 49 U.S.C. 31309. | ||||||
| 15 | (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle | ||||||
| 16 | record" or "CDLIS MVR" means a report generated from the CDLIS | ||||||
| 17 | driver record meeting the requirements for access to CDLIS | ||||||
| 18 | information and provided by states to users authorized in 49 | ||||||
| 19 | C.F.R. 384.225(e)(3) and (4), subject to the provisions of the | ||||||
| 20 | Driver Privacy Protection Act, 18 U.S.C. 2721-2725. | ||||||
| 21 | (5.7) Commercial driver's license downgrade. "Commercial | ||||||
| 22 | driver's license downgrade" or "CDL downgrade" means either: | ||||||
| 23 | (A) a state allows the driver to change his or her | ||||||
| 24 | self-certification to interstate, but operating | ||||||
| 25 | exclusively in transportation or operation excepted from | ||||||
| 26 | 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f), | ||||||
| |||||||
| |||||||
| 1 | 391.2, 391.68, or 398.3; | ||||||
| 2 | (B) a state allows the driver to change his or her | ||||||
| 3 | self-certification to intrastate only, if the driver | ||||||
| 4 | qualifies under that state's physical qualification | ||||||
| 5 | requirements for intrastate only; | ||||||
| 6 | (C) a state allows the driver to change his or her | ||||||
| 7 | certification to intrastate, but operating exclusively in | ||||||
| 8 | transportation or operations excepted from all or part of | ||||||
| 9 | the state driver qualification requirements; or | ||||||
| 10 | (D) a state removes the CDL privilege from the driver | ||||||
| 11 | license. | ||||||
| 12 | (6) Commercial Motor Vehicle.
| ||||||
| 13 | (A) "Commercial motor vehicle" or "CMV" means
a motor | ||||||
| 14 | vehicle or combination of motor vehicles used in commerce, | ||||||
| 15 | except those referred to in subdivision (B), designed
to | ||||||
| 16 | transport passengers or property if the motor vehicle:
| ||||||
| 17 | (i) has a gross combination weight rating or gross | ||||||
| 18 | combination weight of 11,794 kilograms or more (26,001 | ||||||
| 19 | pounds or more), whichever is greater, inclusive of | ||||||
| 20 | any towed unit with a gross vehicle weight rating or
| ||||||
| 21 | gross vehicle weight of more than 4,536 kilograms | ||||||
| 22 | (10,000 pounds), whichever is greater; or
| ||||||
| 23 | (i-5) has a gross vehicle weight rating or gross | ||||||
| 24 | vehicle weight of 11,794 or more kilograms (26,001 | ||||||
| 25 | pounds or more), whichever is greater; or | ||||||
| 26 | (ii) is designed to transport 16 or more
persons, | ||||||
| |||||||
| |||||||
| 1 | including the driver;
or
| ||||||
| 2 | (iii) is of any size and is used in transporting | ||||||
| 3 | hazardous materials as defined in 49 C.F.R. 383.5.
| ||||||
| 4 | (B) Pursuant to the interpretation of the Commercial | ||||||
| 5 | Motor
Vehicle
Safety Act of 1986 by the Federal Highway | ||||||
| 6 | Administration, the definition of
"commercial motor | ||||||
| 7 | vehicle" does not include:
| ||||||
| 8 | (i) recreational vehicles, when operated primarily | ||||||
| 9 | for personal use;
| ||||||
| 10 | (ii) vehicles owned by or operated under the | ||||||
| 11 | direction of the United States Department of Defense | ||||||
| 12 | or the United States Coast Guard only when operated by
| ||||||
| 13 | non-civilian personnel. This includes any operator on | ||||||
| 14 | active military
duty; members of the Reserves; | ||||||
| 15 | National Guard; personnel on part-time
training; and | ||||||
| 16 | National Guard military technicians (civilians who are
| ||||||
| 17 | required to wear military uniforms and are subject to | ||||||
| 18 | the Code of Military
Justice); or
| ||||||
| 19 | (iii) firefighting, police, and other emergency | ||||||
| 20 | equipment (including, without limitation, equipment | ||||||
| 21 | owned or operated by a HazMat or technical rescue team | ||||||
| 22 | authorized by a county board under Section 5-1127 of | ||||||
| 23 | the Counties Code), with audible and
visual signals, | ||||||
| 24 | owned or operated
by or for a
governmental entity, | ||||||
| 25 | which is necessary to the preservation of life or
| ||||||
| 26 | property or the execution of emergency governmental | ||||||
| |||||||
| |||||||
| 1 | functions which are
normally not subject to general | ||||||
| 2 | traffic rules and regulations.
| ||||||
| 3 | (7) Controlled Substance. "Controlled substance" shall | ||||||
| 4 | have the same
meaning as defined in Section 102 of the Illinois | ||||||
| 5 | Controlled Substances Act,
and shall also include cannabis as | ||||||
| 6 | defined in Section 3 of the Cannabis Control
Act and | ||||||
| 7 | methamphetamine as defined in Section 10 of the | ||||||
| 8 | Methamphetamine Control and Community Protection Act.
| ||||||
| 9 | (8) Conviction. "Conviction" means an unvacated | ||||||
| 10 | adjudication of guilt
or a determination that a person has | ||||||
| 11 | violated or failed to comply with the
law in a court of | ||||||
| 12 | original jurisdiction or by an authorized administrative
| ||||||
| 13 | tribunal; an unvacated revocation of pretrial release or | ||||||
| 14 | forfeiture of bail or collateral deposited to secure
the | ||||||
| 15 | person's appearance in court; a plea of guilty or nolo | ||||||
| 16 | contendere accepted by the court; the payment of a fine or | ||||||
| 17 | court cost
regardless of whether the imposition of sentence is | ||||||
| 18 | deferred and ultimately
a judgment dismissing the underlying | ||||||
| 19 | charge is entered; or a violation of a
condition of pretrial | ||||||
| 20 | release without bail, regardless of whether or not the penalty
| ||||||
| 21 | is rebated, suspended or probated.
| ||||||
| 22 | (8.5) Day. "Day" means calendar day.
| ||||||
| 23 | (9) (Blank).
| ||||||
| 24 | (10) (Blank).
| ||||||
| 25 | (11) (Blank).
| ||||||
| 26 | (12) (Blank).
| ||||||
| |||||||
| |||||||
| 1 | (13) Driver. "Driver" means any person who drives, | ||||||
| 2 | operates, or is in
physical control of a commercial motor | ||||||
| 3 | vehicle, any person who is required to hold a
CDL, or any | ||||||
| 4 | person who is a holder of a CDL while operating a | ||||||
| 5 | non-commercial motor vehicle.
| ||||||
| 6 | (13.5) Driver applicant. "Driver applicant" means an | ||||||
| 7 | individual who applies to a state or other jurisdiction to | ||||||
| 8 | obtain, transfer, upgrade, or renew a CDL or to obtain or renew | ||||||
| 9 | a CLP.
| ||||||
| 10 | (13.8) Electronic device. "Electronic device" includes, | ||||||
| 11 | but is not limited to, a cellular telephone, personal digital | ||||||
| 12 | assistant, pager, computer, or any other device used to input, | ||||||
| 13 | write, send, receive, or read text. | ||||||
| 14 | (14) Employee. "Employee" means a person who is employed | ||||||
| 15 | as a
commercial
motor vehicle driver. A person who is | ||||||
| 16 | self-employed as a commercial motor
vehicle driver must comply | ||||||
| 17 | with the requirements of this UCDLA
pertaining to employees. | ||||||
| 18 | An
owner-operator on a long-term lease shall be considered an | ||||||
| 19 | employee.
| ||||||
| 20 | (15) Employer. "Employer" means a person (including the | ||||||
| 21 | United
States, a State or a local authority) who owns or leases | ||||||
| 22 | a commercial motor
vehicle or assigns employees to operate | ||||||
| 23 | such a vehicle. A person who is
self-employed as a commercial | ||||||
| 24 | motor vehicle driver must
comply with the requirements of this | ||||||
| 25 | UCDLA.
| ||||||
| 26 | (15.1) Endorsement. "Endorsement" means an authorization | ||||||
| |||||||
| |||||||
| 1 | to an individual's CLP or CDL required to permit the | ||||||
| 2 | individual to operate certain types of commercial motor | ||||||
| 3 | vehicles. | ||||||
| 4 | (15.2) Entry-level driver training. "Entry-level driver | ||||||
| 5 | training" means the training an entry-level driver receives | ||||||
| 6 | from an entity listed on the Federal Motor Carrier Safety | ||||||
| 7 | Administration's Training Provider Registry prior to: (i) | ||||||
| 8 | taking the CDL skills test required to receive the Class A or | ||||||
| 9 | Class B CDL for the first time; (ii) taking the CDL skills test | ||||||
| 10 | required to upgrade to a Class A or Class B CDL; or (iii) | ||||||
| 11 | taking the CDL skills test required to obtain a passenger or | ||||||
| 12 | school bus endorsement for the first time or the CDL knowledge | ||||||
| 13 | test required to obtain a hazardous materials endorsement for | ||||||
| 14 | the first time. | ||||||
| 15 | (15.3) Excepted interstate. "Excepted interstate" means a | ||||||
| 16 | person who operates or expects to operate in interstate | ||||||
| 17 | commerce, but engages exclusively in transportation or | ||||||
| 18 | operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, | ||||||
| 19 | or 398.3 from all or part of the qualification requirements of | ||||||
| 20 | 49 C.F.R. Part 391 and is not required to obtain a medical | ||||||
| 21 | examiner's certificate by 49 C.F.R. 391.45. | ||||||
| 22 | (15.5) Excepted intrastate. "Excepted intrastate" means a | ||||||
| 23 | person who operates in intrastate commerce but engages | ||||||
| 24 | exclusively in transportation or operations excepted from all | ||||||
| 25 | or parts of the state driver qualification requirements. | ||||||
| 26 | (16) (Blank).
| ||||||
| |||||||
| |||||||
| 1 | (16.5) Fatality. "Fatality" means the death of a person as | ||||||
| 2 | a result of a motor vehicle accident.
| ||||||
| 3 | (16.7) Foreign commercial driver. "Foreign commercial | ||||||
| 4 | driver" means a person licensed to operate a commercial motor | ||||||
| 5 | vehicle by an authority outside the United States, or a | ||||||
| 6 | citizen of a foreign country who operates a commercial motor | ||||||
| 7 | vehicle in the United States. | ||||||
| 8 | (17) Foreign jurisdiction. "Foreign jurisdiction" means a | ||||||
| 9 | sovereign
jurisdiction that does not fall within the | ||||||
| 10 | definition of "State".
| ||||||
| 11 | (18) (Blank).
| ||||||
| 12 | (19) (Blank).
| ||||||
| 13 | (20) Hazardous materials. "Hazardous material" means any | ||||||
| 14 | material that has been designated under 49 U.S.C.
5103 and is | ||||||
| 15 | required to be placarded under subpart F of 49 C.F.R. part 172 | ||||||
| 16 | or any quantity of a material listed as a select agent or toxin | ||||||
| 17 | in 42 C.F.R. part 73.
| ||||||
| 18 | (20.5) Imminent Hazard. "Imminent hazard" means the | ||||||
| 19 | existence of any condition of a vehicle, employee, or | ||||||
| 20 | commercial motor vehicle operations that substantially | ||||||
| 21 | increases the likelihood of serious injury or death if not | ||||||
| 22 | discontinued immediately; or a condition relating to hazardous | ||||||
| 23 | material that presents a substantial likelihood that death, | ||||||
| 24 | serious illness, severe personal injury, or a substantial | ||||||
| 25 | endangerment to health, property, or the environment may occur | ||||||
| 26 | before the reasonably foreseeable completion date of a formal | ||||||
| |||||||
| |||||||
| 1 | proceeding begun to lessen the risk of that death, illness, | ||||||
| 2 | injury or endangerment.
| ||||||
| 3 | (20.6) Issuance. "Issuance" means initial issuance, | ||||||
| 4 | transfer, renewal, or upgrade of a CLP or CDL and | ||||||
| 5 | non-domiciled CLP or CDL. | ||||||
| 6 | (20.7) Issue. "Issue" means initial issuance, transfer, | ||||||
| 7 | renewal, or upgrade of a CLP or CDL and non-domiciled CLP or | ||||||
| 8 | non-domiciled CDL. | ||||||
| 9 | (21) Long-term lease. "Long-term lease" means a lease of a | ||||||
| 10 | commercial
motor vehicle by the owner-lessor to a lessee, for | ||||||
| 11 | a period of more than 29
days.
| ||||||
| 12 | (21.01) Manual transmission. "Manual transmission" means a | ||||||
| 13 | transmission utilizing a driver-operated clutch that is | ||||||
| 14 | activated by a pedal or lever and a gear-shift mechanism | ||||||
| 15 | operated either by hand or foot including those known as a | ||||||
| 16 | stick shift, stick, straight drive, or standard transmission. | ||||||
| 17 | All other transmissions, whether semi-automatic or automatic, | ||||||
| 18 | shall be considered automatic for the purposes of the | ||||||
| 19 | standardized restriction code. | ||||||
| 20 | (21.1) Medical examiner. "Medical examiner" means an | ||||||
| 21 | individual certified by the Federal Motor Carrier Safety | ||||||
| 22 | Administration and listed on the National Registry of | ||||||
| 23 | Certified Medical Examiners in accordance with Federal Motor | ||||||
| 24 | Carrier Safety Regulations, 49 CFR 390.101 et seq. | ||||||
| 25 | (21.2) Medical examiner's certificate. "Medical examiner's | ||||||
| 26 | certificate" means either (1) prior to June 22, 2021, a | ||||||
| |||||||
| |||||||
| 1 | document prescribed or approved by the Secretary of State that | ||||||
| 2 | is issued by a medical examiner to a driver to medically | ||||||
| 3 | qualify him or her to drive; or (2) beginning June 22, 2021, an | ||||||
| 4 | electronic submission of results of an examination conducted | ||||||
| 5 | by a medical examiner listed on the National Registry of | ||||||
| 6 | Certified Medical Examiners to the Federal Motor Carrier | ||||||
| 7 | Safety Administration of a driver to medically qualify him or | ||||||
| 8 | her to drive. | ||||||
| 9 | (21.5) Medical variance. "Medical variance" means a driver | ||||||
| 10 | has received one of the following from the Federal Motor | ||||||
| 11 | Carrier Safety Administration which allows the driver to be | ||||||
| 12 | issued a medical certificate: (1) an exemption letter | ||||||
| 13 | permitting operation of a commercial motor vehicle pursuant to | ||||||
| 14 | 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a | ||||||
| 15 | skill performance evaluation (SPE) certificate permitting | ||||||
| 16 | operation of a commercial motor vehicle pursuant to 49 C.F.R. | ||||||
| 17 | 391.49. | ||||||
| 18 | (21.7) Mobile telephone. "Mobile telephone" means a mobile | ||||||
| 19 | communication device that falls under or uses any commercial | ||||||
| 20 | mobile radio service, as defined in regulations of the Federal | ||||||
| 21 | Communications Commission, 47 CFR 20.3. It does not include | ||||||
| 22 | two-way or citizens band radio services. | ||||||
| 23 | (22) Motor Vehicle. "Motor vehicle" means every vehicle
| ||||||
| 24 | which is self-propelled, and every vehicle which is propelled | ||||||
| 25 | by electric
power obtained from over head trolley wires but | ||||||
| 26 | not operated upon rails,
except vehicles moved solely by human | ||||||
| |||||||
| |||||||
| 1 | power and motorized wheel chairs.
| ||||||
| 2 | (22.2) Motor vehicle record. "Motor vehicle record" means | ||||||
| 3 | a report of the driving status and history of a driver | ||||||
| 4 | generated from the driver record provided to users, such as | ||||||
| 5 | drivers or employers, and is subject to the provisions of the | ||||||
| 6 | Driver Privacy Protection Act, 18 U.S.C. 2721-2725. | ||||||
| 7 | (22.5) Non-CMV. "Non-CMV" means a motor vehicle or | ||||||
| 8 | combination of motor vehicles not defined by the term | ||||||
| 9 | "commercial motor vehicle" or "CMV" in this Section.
| ||||||
| 10 | (22.7) Non-excepted interstate. "Non-excepted interstate" | ||||||
| 11 | means a person who operates or expects to operate in | ||||||
| 12 | interstate commerce, is subject to and meets the qualification | ||||||
| 13 | requirements under 49 C.F.R. Part 391, and is required to | ||||||
| 14 | obtain a medical examiner's certificate by 49 C.F.R. 391.45. | ||||||
| 15 | (22.8) Non-excepted intrastate. "Non-excepted intrastate" | ||||||
| 16 | means a person who operates only in intrastate commerce and is | ||||||
| 17 | subject to State driver qualification requirements. | ||||||
| 18 | (23) Non-domiciled CLP or Non-domiciled CDL. | ||||||
| 19 | "Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL, | ||||||
| 20 | respectively, issued by a state or other jurisdiction under | ||||||
| 21 | either of the following two conditions: | ||||||
| 22 | (i) to an individual domiciled in a foreign country | ||||||
| 23 | meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. | ||||||
| 24 | of the Federal Motor Carrier Safety Administration.
| ||||||
| 25 | (ii) to an individual domiciled in another state | ||||||
| 26 | meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. | ||||||
| |||||||
| |||||||
| 1 | of the Federal Motor Carrier Safety Administration.
| ||||||
| 2 | (24) (Blank).
| ||||||
| 3 | (25) (Blank).
| ||||||
| 4 | (25.5) Railroad-Highway Grade Crossing Violation. | ||||||
| 5 | "Railroad-highway
grade
crossing violation" means a
violation, | ||||||
| 6 | while operating a commercial motor vehicle, of
any
of the | ||||||
| 7 | following:
| ||||||
| 8 | (A) Section 11-1201, 11-1202, or 11-1425 of this
Code.
| ||||||
| 9 | (B) Any other similar
law or local ordinance of any | ||||||
| 10 | state relating to
railroad-highway grade crossing.
| ||||||
| 11 | (25.7) School Bus. "School bus" means a commercial motor | ||||||
| 12 | vehicle used to transport pre-primary, primary, or secondary | ||||||
| 13 | school students from home to school, from school to home, or to | ||||||
| 14 | and from school-sponsored events. "School bus" does not | ||||||
| 15 | include a bus used as a common carrier.
| ||||||
| 16 | (26) Serious Traffic Violation. "Serious traffic | ||||||
| 17 | violation"
means:
| ||||||
| 18 | (A) a conviction when operating a commercial motor | ||||||
| 19 | vehicle, or when operating a non-CMV while holding a CLP | ||||||
| 20 | or CDL,
of:
| ||||||
| 21 | (i) a violation relating to excessive speeding,
| ||||||
| 22 | involving a single speeding charge of 15 miles per | ||||||
| 23 | hour or more above the
legal speed limit; or
| ||||||
| 24 | (ii) a violation relating to reckless driving; or
| ||||||
| 25 | (iii) a violation of any State law or local | ||||||
| 26 | ordinance relating to motor
vehicle traffic control | ||||||
| |||||||
| |||||||
| 1 | (other than parking violations) arising in
connection | ||||||
| 2 | with a fatal traffic accident; or
| ||||||
| 3 | (iv) a violation of Section 6-501, relating to | ||||||
| 4 | having multiple driver's
licenses; or
| ||||||
| 5 | (v) a violation of paragraph (a) of Section 6-507, | ||||||
| 6 | relating to the
requirement to have a valid CLP or CDL; | ||||||
| 7 | or
| ||||||
| 8 | (vi) a violation relating to improper or erratic | ||||||
| 9 | traffic lane changes;
or
| ||||||
| 10 | (vii) a violation relating to following another | ||||||
| 11 | vehicle too closely; or
| ||||||
| 12 | (viii) a violation relating to texting while | ||||||
| 13 | driving; or | ||||||
| 14 | (ix) a violation relating to the use of a | ||||||
| 15 | hand-held mobile telephone while driving; or | ||||||
| 16 | (B) any other similar violation of a law or local
| ||||||
| 17 | ordinance of any state relating to motor vehicle traffic | ||||||
| 18 | control, other
than a parking violation, which the | ||||||
| 19 | Secretary of State determines by
administrative rule to be | ||||||
| 20 | serious.
| ||||||
| 21 | (27) State. "State" means a state of the United States, | ||||||
| 22 | the District of
Columbia and any province or territory of | ||||||
| 23 | Canada.
| ||||||
| 24 | (28) (Blank).
| ||||||
| 25 | (29) (Blank).
| ||||||
| 26 | (30) (Blank).
| ||||||
| |||||||
| |||||||
| 1 | (31) (Blank).
| ||||||
| 2 | (32) Texting. "Texting" means manually entering | ||||||
| 3 | alphanumeric text into, or reading text from, an electronic | ||||||
| 4 | device. | ||||||
| 5 | (1) Texting includes, but is not limited to, short | ||||||
| 6 | message service, emailing, instant messaging, a command or | ||||||
| 7 | request to access a World Wide Web page, pressing more | ||||||
| 8 | than a single button to initiate or terminate a voice | ||||||
| 9 | communication using a mobile telephone, or engaging in any | ||||||
| 10 | other form of electronic text retrieval or entry for | ||||||
| 11 | present or future communication. | ||||||
| 12 | (2) Texting does not include: | ||||||
| 13 | (i) inputting, selecting, or reading information | ||||||
| 14 | on a global positioning system or navigation system; | ||||||
| 15 | or | ||||||
| 16 | (ii) pressing a single button to initiate or | ||||||
| 17 | terminate a voice communication using a mobile | ||||||
| 18 | telephone; or | ||||||
| 19 | (iii) using a device capable of performing | ||||||
| 20 | multiple functions (for example, a fleet management | ||||||
| 21 | system, dispatching device, smart phone, citizens band | ||||||
| 22 | radio, or music player) for a purpose that is not | ||||||
| 23 | otherwise prohibited by Part 392 of the Federal Motor | ||||||
| 24 | Carrier Safety Regulations. | ||||||
| 25 | (32.3) Third party skills test examiner. "Third party | ||||||
| 26 | skills test examiner" means a person employed by a third party | ||||||
| |||||||
| |||||||
| 1 | tester who is authorized by the State to administer the CDL | ||||||
| 2 | skills tests specified in 49 C.F.R. Part 383, subparts G and H. | ||||||
| 3 | (32.5) Third party tester. "Third party tester" means a | ||||||
| 4 | person (including, but not limited to, another state, a motor | ||||||
| 5 | carrier, a private driver training facility or other private | ||||||
| 6 | institution, or a department, agency, or instrumentality of a | ||||||
| 7 | local government) authorized by the State to employ skills | ||||||
| 8 | test examiners to administer the CDL skills tests specified in | ||||||
| 9 | 49 C.F.R. Part 383, subparts G and H. | ||||||
| 10 | (32.7) United States. "United States" means the 50 states | ||||||
| 11 | and the District of Columbia. | ||||||
| 12 | (33) Use a hand-held mobile telephone. "Use a hand-held | ||||||
| 13 | mobile telephone" means: | ||||||
| 14 | (1) using at least one hand to hold a mobile telephone | ||||||
| 15 | to conduct a voice communication; | ||||||
| 16 | (2) dialing or answering a mobile telephone by | ||||||
| 17 | pressing more than a single button; or | ||||||
| 18 | (3) reaching for a mobile telephone in a manner that | ||||||
| 19 | requires a driver to maneuver so that he or she is no | ||||||
| 20 | longer in a seated driving position, restrained by a seat | ||||||
| 21 | belt that is installed in accordance with 49 CFR 393.93 | ||||||
| 22 | and adjusted in accordance with the vehicle manufacturer's | ||||||
| 23 | instructions. | ||||||
| 24 | (Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20; | ||||||
| 25 | 101-652.)
| ||||||
| |||||||
| |||||||
| 1 | (625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601)
| ||||||
| 2 | Sec. 6-601. Penalties.
| ||||||
| 3 | (a) It is a petty offense for any person to violate any of | ||||||
| 4 | the
provisions of this Chapter unless such violation is by | ||||||
| 5 | this Code or other
law of this State declared to be a | ||||||
| 6 | misdemeanor or a felony.
| ||||||
| 7 | (b) General penalties. Unless another penalty is in this | ||||||
| 8 | Code
or other laws of this State, every person convicted of a | ||||||
| 9 | petty
offense for the violation of any provision of this | ||||||
| 10 | Chapter shall be
punished by a fine of not more than $500.
| ||||||
| 11 | (c) Unlicensed driving. Except as hereinafter provided a | ||||||
| 12 | violation
of Section 6-101 shall be:
| ||||||
| 13 | 1. A Class A misdemeanor if the person failed to | ||||||
| 14 | obtain a driver's
license or permit after expiration of a | ||||||
| 15 | period of revocation.
| ||||||
| 16 | 2. A Class B misdemeanor if the person has been issued | ||||||
| 17 | a driver's license
or permit, which has expired, and if | ||||||
| 18 | the period of expiration is greater than
one year; or if | ||||||
| 19 | the person has never been issued a driver's license or | ||||||
| 20 | permit,
or is not qualified to obtain a driver's license | ||||||
| 21 | or permit because of his age.
| ||||||
| 22 | 3. A petty offense if the person has been issued a | ||||||
| 23 | temporary visitor's driver's license or permit and is | ||||||
| 24 | unable to provide proof of liability insurance as provided | ||||||
| 25 | in subsection (d-5) of Section 6-105.1. | ||||||
| 26 | If a licensee under this Code is convicted of violating | ||||||
| |||||||
| |||||||
| 1 | Section 6-303 for
operating a motor vehicle during a time when | ||||||
| 2 | such licensee's driver's license
was suspended under the | ||||||
| 3 | provisions of Section 6-306.3 or 6-308, then such act shall be
| ||||||
| 4 | a petty offense (provided the licensee has answered the charge | ||||||
| 5 | which was the
basis of the suspension under Section 6-306.3 or | ||||||
| 6 | 6-308), and there shall be imposed no
additional like period | ||||||
| 7 | of suspension as provided in paragraph (b) of Section
6-303.
| ||||||
| 8 | (d) For violations of this Code or a similar provision of a | ||||||
| 9 | local ordinance for which a violation is a petty offense as | ||||||
| 10 | defined by Section 5-1-17 of the Unified Code of Corrections, | ||||||
| 11 | excluding business offenses as defined by Section 5-1-2 of the | ||||||
| 12 | Unified Code of Corrections or a violation of Section 15-111 | ||||||
| 13 | or subsection (d) of Section 3-401 of this Code, if the | ||||||
| 14 | violation may be satisfied without a court appearance, the | ||||||
| 15 | violator may, pursuant to Supreme Court Rule, satisfy the case | ||||||
| 16 | with a written plea of guilty and payment of fines, penalties, | ||||||
| 17 | and costs as equal to the bail amount established by the | ||||||
| 18 | Supreme Court for the offense. | ||||||
| 19 | (Source: P.A. 97-1157, eff. 11-28-13; 98-870, eff. 1-1-15; | ||||||
| 20 | 98-1134, eff. 1-1-15; 101-652.)
| ||||||
| 21 | (625 ILCS 5/16-103) (from Ch. 95 1/2, par. 16-103)
| ||||||
| 22 | Sec. 16-103. Arrest outside county where violation | ||||||
| 23 | committed.
| ||||||
| 24 | Whenever a defendant is arrested upon a warrant charging a | ||||||
| 25 | violation of
this Act in a county other than that in which such | ||||||
| |||||||
| |||||||
| 1 | warrant was issued, the
arresting officer, immediately upon | ||||||
| 2 | the request of the defendant, shall
take such defendant before | ||||||
| 3 | a circuit judge or associate circuit judge in
the county in | ||||||
| 4 | which the arrest was made who shall admit the defendant to
| ||||||
| 5 | pretrial release bail for his appearance before the court | ||||||
| 6 | named in the warrant. On setting the conditions of pretrial | ||||||
| 7 | release taking
such bail the circuit judge or associate | ||||||
| 8 | circuit judge shall certify such
fact on the warrant and | ||||||
| 9 | deliver the warrant and conditions of pretrial release | ||||||
| 10 | undertaking of bail or
other security, or the drivers license | ||||||
| 11 | of such defendant if deposited,
under the law relating to such | ||||||
| 12 | licenses, in lieu of such security, to the
officer having | ||||||
| 13 | charge of the defendant. Such officer shall then immediately
| ||||||
| 14 | discharge the defendant from arrest and without delay deliver | ||||||
| 15 | such warrant
and such acknowledgment by the defendant of his | ||||||
| 16 | or her receiving the conditions of pretrial release | ||||||
| 17 | undertaking of bail, or other security or drivers license to | ||||||
| 18 | the
court before which the defendant is required to appear.
| ||||||
| 19 | (Source: P.A. 77-1280; 101-652.)
| ||||||
| 20 | Section 175. The Illinois Vehicle Code is amended by | ||||||
| 21 | changing Sections 6-209.1, 11-208.3, 11-208.6, 11-208.8, | ||||||
| 22 | 11-208.9, and 11-1201.1 as follows:
| ||||||
| 23 | (625 ILCS 5/6-209.1) | ||||||
| 24 | Sec. 6-209.1. Restoration of driving privileges; | ||||||
| |||||||
| |||||||
| 1 | revocation; suspension; cancellation. | ||||||
| 2 | (a) The Secretary shall rescind the suspension or | ||||||
| 3 | cancellation of a person's driver's license that has been | ||||||
| 4 | suspended or canceled before July 1, 2020 (the effective date | ||||||
| 5 | of Public Act 101-623) this amendatory Act of the 101st | ||||||
| 6 | General Assembly due to: | ||||||
| 7 | (1) the person being convicted of theft of motor fuel | ||||||
| 8 | under Section Sections 16-25 or 16K-15 of the Criminal | ||||||
| 9 | Code of 1961 or the Criminal Code of 2012; | ||||||
| 10 | (2) the person, since the issuance of the driver's | ||||||
| 11 | license, being adjudged to be afflicted with or suffering | ||||||
| 12 | from any mental disability or disease; | ||||||
| 13 | (3) a violation of Section 6-16 of the Liquor Control | ||||||
| 14 | Act of 1934 or a similar provision of a local ordinance; | ||||||
| 15 | (4) the person being convicted of a violation of | ||||||
| 16 | Section 6-20 of the Liquor Control Act of 1934 or a similar | ||||||
| 17 | provision of a local ordinance, if the person presents a | ||||||
| 18 | certified copy of a court order that includes a finding | ||||||
| 19 | that the person was not an occupant of a motor vehicle at | ||||||
| 20 | the time of the violation; | ||||||
| 21 | (5) the person receiving a disposition of court | ||||||
| 22 | supervision for a violation of subsection subsections (a), | ||||||
| 23 | (d), or (e) of Section 6-20 of the Liquor Control Act of | ||||||
| 24 | 1934 or a similar provision of a local ordinance, if the | ||||||
| 25 | person presents a certified copy of a court order that | ||||||
| 26 | includes a finding that the person was not an occupant of a | ||||||
| |||||||
| |||||||
| 1 | motor vehicle at the time of the violation; | ||||||
| 2 | (6) the person failing to pay any fine or penalty due | ||||||
| 3 | or owing as a result of 10 or more violations of a | ||||||
| 4 | municipality's or county's vehicular standing, parking, or | ||||||
| 5 | compliance regulations established by ordinance under | ||||||
| 6 | Section 11-208.3 of this Code; | ||||||
| 7 | (7) the person failing to satisfy any fine or penalty | ||||||
| 8 | resulting from a final order issued by the Illinois State | ||||||
| 9 | Toll Highway Authority relating directly or indirectly to | ||||||
| 10 | 5 or more toll violations, toll evasions, or both; | ||||||
| 11 | (8) the person being convicted of a violation of | ||||||
| 12 | Section 4-102 of this Code, if the person presents a | ||||||
| 13 | certified copy of a court order that includes a finding | ||||||
| 14 | that the person did not exercise actual physical control | ||||||
| 15 | of the vehicle at the time of the violation; or | ||||||
| 16 | (9) the person being convicted of criminal trespass to | ||||||
| 17 | vehicles under Section 21-2 of the Criminal Code of 2012, | ||||||
| 18 | if the person presents a certified copy of a court order | ||||||
| 19 | that includes a finding that the person did not exercise | ||||||
| 20 | actual physical control of the vehicle at the time of the | ||||||
| 21 | violation.
| ||||||
| 22 | (b) As soon as practicable and no later than July 1, 2021, | ||||||
| 23 | the Secretary shall rescind the suspension, cancellation, or | ||||||
| 24 | prohibition of renewal of a person's driver's license that has | ||||||
| 25 | been suspended, canceled, or whose renewal has been prohibited | ||||||
| 26 | before the effective date of this amendatory Act of the 101st | ||||||
| |||||||
| |||||||
| 1 | General Assembly due to the person having failed to pay any | ||||||
| 2 | fine or penalty for traffic violations, automated traffic law | ||||||
| 3 | enforcement system violations as defined in Sections 11-208.6, | ||||||
| 4 | and 11-208.8, 11-208.9, and 11-1201.1, or abandoned vehicle | ||||||
| 5 | fees. | ||||||
| 6 | (Source: P.A. 101-623, eff. 7-1-20; 101-652, eff. 7-1-21; | ||||||
| 7 | 102-558, eff. 8-20-21.)
| ||||||
| 8 | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
| ||||||
| 9 | Sec. 11-208.3. Administrative adjudication of violations | ||||||
| 10 | of traffic
regulations concerning the standing, parking, or | ||||||
| 11 | condition of
vehicles, automated traffic law violations, and | ||||||
| 12 | automated speed enforcement system violations.
| ||||||
| 13 | (a) Any municipality or county may provide by ordinance | ||||||
| 14 | for a system of
administrative adjudication of vehicular | ||||||
| 15 | standing and parking violations and
vehicle compliance | ||||||
| 16 | violations as described in this subsection, automated traffic | ||||||
| 17 | law violations as defined in Section 11-208.6, 11-208.9, or | ||||||
| 18 | 11-1201.1, and automated speed enforcement system violations | ||||||
| 19 | as defined in Section 11-208.8.
The administrative system | ||||||
| 20 | shall have as its purpose the fair and
efficient enforcement | ||||||
| 21 | of municipal or county regulations through the
administrative | ||||||
| 22 | adjudication of automated speed enforcement system or | ||||||
| 23 | automated traffic law violations and violations of municipal | ||||||
| 24 | or county ordinances
regulating the standing and parking of | ||||||
| 25 | vehicles, the condition and use of
vehicle equipment, and the | ||||||
| |||||||
| |||||||
| 1 | display of municipal or county wheel tax licenses within the
| ||||||
| 2 | municipality's
or county's borders. The administrative system | ||||||
| 3 | shall only have authority to adjudicate
civil offenses | ||||||
| 4 | carrying fines not in excess of $500 or requiring the | ||||||
| 5 | completion of a traffic education program, or both, that occur | ||||||
| 6 | after the
effective date of the ordinance adopting such a | ||||||
| 7 | system under this Section.
For purposes of this Section, | ||||||
| 8 | "compliance violation" means a violation of a
municipal or | ||||||
| 9 | county regulation governing the condition or use of equipment | ||||||
| 10 | on a vehicle
or governing the display of a municipal or county | ||||||
| 11 | wheel tax license.
| ||||||
| 12 | (b) Any ordinance establishing a system of administrative | ||||||
| 13 | adjudication
under this Section shall provide for:
| ||||||
| 14 | (1) A traffic compliance administrator authorized to
| ||||||
| 15 | adopt, distribute, and
process parking, compliance, and | ||||||
| 16 | automated speed enforcement system or automated traffic | ||||||
| 17 | law violation notices and other notices required
by this
| ||||||
| 18 | Section, collect money paid as fines and penalties for | ||||||
| 19 | violation of parking
and compliance
ordinances and | ||||||
| 20 | automated speed enforcement system or automated traffic | ||||||
| 21 | law violations, and operate an administrative adjudication | ||||||
| 22 | system. The traffic
compliance
administrator also may make | ||||||
| 23 | a certified report to the Secretary of State
under Section | ||||||
| 24 | 6-306.5.
| ||||||
| 25 | (2) A parking, standing, compliance, automated speed | ||||||
| 26 | enforcement system, or automated traffic law violation | ||||||
| |||||||
| |||||||
| 1 | notice
that
shall specify or include the date,
time, and | ||||||
| 2 | place of violation of a parking, standing,
compliance, | ||||||
| 3 | automated speed enforcement system, or automated traffic | ||||||
| 4 | law
regulation; the particular regulation
violated; any | ||||||
| 5 | requirement to complete a traffic education program; the | ||||||
| 6 | fine and any penalty that may be assessed for late payment | ||||||
| 7 | or failure to complete a required traffic education | ||||||
| 8 | program, or both,
when so provided by ordinance; the | ||||||
| 9 | vehicle make or a photograph of the vehicle; the state | ||||||
| 10 | registration
number of the vehicle; and the identification | ||||||
| 11 | number of the
person issuing the notice.
With regard to | ||||||
| 12 | automated speed enforcement system or automated traffic | ||||||
| 13 | law violations, vehicle make shall be specified on the | ||||||
| 14 | automated speed enforcement system or automated traffic | ||||||
| 15 | law violation notice if the notice does not include a | ||||||
| 16 | photograph of the vehicle and the make is available and | ||||||
| 17 | readily discernible. With regard to municipalities or | ||||||
| 18 | counties with a population of 1 million or more, it
shall | ||||||
| 19 | be grounds for
dismissal of a parking
violation if the | ||||||
| 20 | state registration number or vehicle make specified is
| ||||||
| 21 | incorrect. The violation notice shall state that the | ||||||
| 22 | completion of any required traffic education program, the | ||||||
| 23 | payment of any indicated
fine, and the payment of any | ||||||
| 24 | applicable penalty for late payment or failure to complete | ||||||
| 25 | a required traffic education program, or both, shall | ||||||
| 26 | operate as a
final disposition of the violation. The | ||||||
| |||||||
| |||||||
| 1 | notice also shall contain
information as to the | ||||||
| 2 | availability of a hearing in which the violation may
be | ||||||
| 3 | contested on its merits. The violation notice shall | ||||||
| 4 | specify the
time and manner in which a hearing may be had.
| ||||||
| 5 | (3) Service of a parking, standing, or compliance
| ||||||
| 6 | violation notice by: (i) affixing the
original or a | ||||||
| 7 | facsimile of the notice to an unlawfully parked or | ||||||
| 8 | standing vehicle; (ii)
handing the notice to the operator | ||||||
| 9 | of a vehicle if he or she is
present; or (iii) mailing the | ||||||
| 10 | notice to the address of the registered owner or lessee of | ||||||
| 11 | the cited vehicle as recorded with the Secretary of State | ||||||
| 12 | or the lessor of the motor vehicle within 30 days after the | ||||||
| 13 | Secretary of State or the lessor of the motor vehicle | ||||||
| 14 | notifies the municipality or county of the identity of the | ||||||
| 15 | owner or lessee of the vehicle, but not later than 90 days | ||||||
| 16 | after the date of the violation, except that in the case of | ||||||
| 17 | a lessee of a motor vehicle, service of a parking, | ||||||
| 18 | standing, or compliance violation notice may occur no | ||||||
| 19 | later than 210 days after the violation; and service of an | ||||||
| 20 | automated speed enforcement system or automated traffic | ||||||
| 21 | law violation notice by mail to the
address
of the | ||||||
| 22 | registered owner or lessee of the cited vehicle as | ||||||
| 23 | recorded with the Secretary of
State or the lessor of the | ||||||
| 24 | motor vehicle within 30 days after the Secretary of State | ||||||
| 25 | or the lessor of the motor vehicle notifies the | ||||||
| 26 | municipality or county of the identity of the owner or | ||||||
| |||||||
| |||||||
| 1 | lessee of the vehicle, but not later than 90 days after the | ||||||
| 2 | violation, except that in the case of a lessee of a motor | ||||||
| 3 | vehicle, service of an automated traffic law violation | ||||||
| 4 | notice may occur no later than 210 days after the | ||||||
| 5 | violation. A person authorized by ordinance to issue and | ||||||
| 6 | serve parking,
standing, and compliance
violation notices | ||||||
| 7 | shall certify as to the correctness of the facts entered
| ||||||
| 8 | on the violation notice by signing his or her name to the | ||||||
| 9 | notice at
the time of service or, in the case of a notice | ||||||
| 10 | produced by a computerized
device, by signing a single | ||||||
| 11 | certificate to be kept by the traffic
compliance
| ||||||
| 12 | administrator attesting to the correctness of all notices | ||||||
| 13 | produced by the
device while it was under his or her | ||||||
| 14 | control. In the case of an automated traffic law | ||||||
| 15 | violation, the ordinance shall
require
a
determination by | ||||||
| 16 | a technician employed or contracted by the municipality or | ||||||
| 17 | county that,
based on inspection of recorded images, the | ||||||
| 18 | motor vehicle was being operated in
violation of Section | ||||||
| 19 | 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance.
If | ||||||
| 20 | the technician determines that the
vehicle entered the | ||||||
| 21 | intersection as part of a funeral procession or in order | ||||||
| 22 | to
yield the right-of-way to an emergency vehicle, a | ||||||
| 23 | citation shall not be issued. In municipalities with a | ||||||
| 24 | population of less than 1,000,000 inhabitants and counties | ||||||
| 25 | with a population of less than 3,000,000 inhabitants, the | ||||||
| 26 | automated traffic law ordinance shall require that all | ||||||
| |||||||
| |||||||
| 1 | determinations by a technician that a motor vehicle was | ||||||
| 2 | being operated in
violation of Section 11-208.6, 11-208.9, | ||||||
| 3 | or 11-1201.1 or a local ordinance must be reviewed and | ||||||
| 4 | approved by a law enforcement officer or retired law | ||||||
| 5 | enforcement officer of the municipality or county issuing | ||||||
| 6 | the violation. In municipalities with a population of | ||||||
| 7 | 1,000,000 or more inhabitants and counties with a | ||||||
| 8 | population of 3,000,000 or more inhabitants, the automated | ||||||
| 9 | traffic law ordinance shall require that all | ||||||
| 10 | determinations by a technician that a motor vehicle was | ||||||
| 11 | being operated in
violation of Section 11-208.6, 11-208.9, | ||||||
| 12 | or 11-1201.1 or a local ordinance must be reviewed and | ||||||
| 13 | approved by a law enforcement officer or retired law | ||||||
| 14 | enforcement officer of the municipality or county issuing | ||||||
| 15 | the violation or by an additional fully trained | ||||||
| 16 | fully-trained reviewing technician who is not employed by | ||||||
| 17 | the contractor who employs the technician who made the | ||||||
| 18 | initial determination. In the case of an automated speed | ||||||
| 19 | enforcement system violation, the ordinance shall require | ||||||
| 20 | a determination by a technician employed by the | ||||||
| 21 | municipality, based upon an inspection of recorded images, | ||||||
| 22 | video or other documentation, including documentation of | ||||||
| 23 | the speed limit and automated speed enforcement signage, | ||||||
| 24 | and documentation of the inspection, calibration, and | ||||||
| 25 | certification of the speed equipment, that the vehicle was | ||||||
| 26 | being operated in violation of Article VI of Chapter 11 of | ||||||
| |||||||
| |||||||
| 1 | this Code or a similar local ordinance. If the technician | ||||||
| 2 | determines that the vehicle speed was not determined by a | ||||||
| 3 | calibrated, certified speed equipment device based upon | ||||||
| 4 | the speed equipment documentation, or if the vehicle was | ||||||
| 5 | an emergency vehicle, a citation may not be issued. The | ||||||
| 6 | automated speed enforcement ordinance shall require that | ||||||
| 7 | all determinations by a technician that a violation | ||||||
| 8 | occurred be reviewed and approved by a law enforcement | ||||||
| 9 | officer or retired law enforcement officer of the | ||||||
| 10 | municipality issuing the violation or by an additional | ||||||
| 11 | fully trained reviewing technician who is not employed by | ||||||
| 12 | the contractor who employs the technician who made the | ||||||
| 13 | initial determination. Routine and independent calibration | ||||||
| 14 | of the speeds produced by automated speed enforcement | ||||||
| 15 | systems and equipment shall be conducted annually by a | ||||||
| 16 | qualified technician. Speeds produced by an automated | ||||||
| 17 | speed enforcement system shall be compared with speeds | ||||||
| 18 | produced by lidar or other independent equipment. Radar or | ||||||
| 19 | lidar equipment shall undergo an internal validation test | ||||||
| 20 | no less frequently than once each week. Qualified | ||||||
| 21 | technicians shall test loop-based loop based equipment no | ||||||
| 22 | less frequently than once a year. Radar equipment shall be | ||||||
| 23 | checked for accuracy by a qualified technician when the | ||||||
| 24 | unit is serviced, when unusual or suspect readings | ||||||
| 25 | persist, or when deemed necessary by a reviewing | ||||||
| 26 | technician. Radar equipment shall be checked with the | ||||||
| |||||||
| |||||||
| 1 | internal frequency generator and the internal circuit test | ||||||
| 2 | whenever the radar is turned on. Technicians must be alert | ||||||
| 3 | for any unusual or suspect readings, and if unusual or | ||||||
| 4 | suspect readings of a radar unit persist, that unit shall | ||||||
| 5 | immediately be removed from service and not returned to | ||||||
| 6 | service until it has been checked by a qualified | ||||||
| 7 | technician and determined to be functioning properly. | ||||||
| 8 | Documentation of the annual calibration results, including | ||||||
| 9 | the equipment tested, test date, technician performing the | ||||||
| 10 | test, and test results, shall be maintained and available | ||||||
| 11 | for use in the determination of an automated speed | ||||||
| 12 | enforcement system violation and issuance of a citation. | ||||||
| 13 | The technician performing the calibration and testing of | ||||||
| 14 | the automated speed enforcement equipment shall be trained | ||||||
| 15 | and certified in the use of equipment for speed | ||||||
| 16 | enforcement purposes. Training on the speed enforcement | ||||||
| 17 | equipment may be conducted by law enforcement, civilian, | ||||||
| 18 | or manufacturer's personnel and if applicable may be | ||||||
| 19 | equivalent to the equipment use and operations training | ||||||
| 20 | included in the Speed Measuring Device Operator Program | ||||||
| 21 | developed by the National Highway Traffic Safety | ||||||
| 22 | Administration (NHTSA). The vendor or technician who | ||||||
| 23 | performs the work shall keep accurate records on each | ||||||
| 24 | piece of equipment the technician calibrates and tests. As | ||||||
| 25 | used in this paragraph, "fully trained fully-trained | ||||||
| 26 | reviewing technician" means a person who has received at | ||||||
| |||||||
| |||||||
| 1 | least 40 hours of supervised training in subjects which | ||||||
| 2 | shall include image inspection and interpretation, the | ||||||
| 3 | elements necessary to prove a violation, license plate | ||||||
| 4 | identification, and traffic safety and management. In all | ||||||
| 5 | municipalities and counties, the automated speed | ||||||
| 6 | enforcement system or automated traffic law ordinance | ||||||
| 7 | shall require that no additional fee shall be charged to | ||||||
| 8 | the alleged violator for exercising his or her right to an | ||||||
| 9 | administrative hearing, and persons shall be given at | ||||||
| 10 | least 25 days following an administrative hearing to pay | ||||||
| 11 | any civil penalty imposed by a finding that Section | ||||||
| 12 | 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar | ||||||
| 13 | local ordinance has been violated. The original or a
| ||||||
| 14 | facsimile of the violation notice or, in the case of a | ||||||
| 15 | notice produced by a
computerized device, a printed record | ||||||
| 16 | generated by the device showing the facts
entered on the | ||||||
| 17 | notice, shall be retained by the
traffic compliance
| ||||||
| 18 | administrator, and shall be a record kept in the ordinary | ||||||
| 19 | course of
business. A parking, standing, compliance, | ||||||
| 20 | automated speed enforcement system, or automated traffic | ||||||
| 21 | law violation notice issued,
signed, and served in
| ||||||
| 22 | accordance with this Section, a copy of the notice, or the | ||||||
| 23 | computer-generated computer generated record shall be | ||||||
| 24 | prima facie
correct and shall be prima facie evidence of | ||||||
| 25 | the correctness of the facts
shown on the notice. The | ||||||
| 26 | notice, copy, or computer-generated
computer generated | ||||||
| |||||||
| |||||||
| 1 | record shall be admissible in any
subsequent | ||||||
| 2 | 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 drivers license | ||||||
| 13 | for failure to complete a traffic education program. | ||||||
| 14 | or to 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 drivers license | ||||||
| 19 | suspension. This
notice shall be sent to the person liable | ||||||
| 20 | for failure to complete a required traffic education | ||||||
| 21 | program or to pay any fine or penalty that
remains due and | ||||||
| 22 | owing, or both, on 5 or more unpaid automated speed | ||||||
| 23 | enforcement system or automated traffic law violations. | ||||||
| 24 | The notice
shall state that failure to complete a required | ||||||
| 25 | traffic education program or to pay the fine or penalty | ||||||
| 26 | owing, or both, within 45 days of
the notice's date will | ||||||
| |||||||
| |||||||
| 1 | result in the municipality or county notifying the | ||||||
| 2 | Secretary
of State that the person is eligible for | ||||||
| 3 | initiation of suspension
proceedings under Section 6-306.5 | ||||||
| 4 | of this Code. The notice shall also state
that the person | ||||||
| 5 | may obtain a photostatic copy of an original ticket | ||||||
| 6 | imposing a
fine or penalty by sending a self-addressed | ||||||
| 7 | self addressed, stamped envelope to the
municipality or | ||||||
| 8 | county along with a request for the photostatic copy.
The | ||||||
| 9 | notice of impending driver's
drivers license suspension | ||||||
| 10 | shall be sent by first class United States mail,
postage | ||||||
| 11 | prepaid, to the address recorded with the Secretary of | ||||||
| 12 | State or, if any notice to that address is returned as | ||||||
| 13 | undeliverable, to the last known address recorded in a | ||||||
| 14 | United States Post Office approved database.
| ||||||
| 15 | (7) Final determinations of violation liability. A | ||||||
| 16 | final
determination of violation liability shall occur | ||||||
| 17 | following failure to complete the required traffic | ||||||
| 18 | education program or
to pay the fine or penalty, or both, | ||||||
| 19 | after a hearing officer's determination of violation | ||||||
| 20 | liability and the exhaustion of or failure to exhaust any
| ||||||
| 21 | administrative review procedures provided by ordinance. | ||||||
| 22 | Where a person
fails to appear at a hearing to contest the | ||||||
| 23 | alleged violation in the time
and manner specified in a | ||||||
| 24 | prior mailed notice, the hearing officer's
determination | ||||||
| 25 | of violation liability shall become final: (A) upon
denial | ||||||
| 26 | of a timely petition to set aside that determination, or | ||||||
| |||||||
| |||||||
| 1 | (B) upon
expiration of the period for filing the petition | ||||||
| 2 | without a
filing having been made.
| ||||||
| 3 | (8) A petition to set aside a determination of | ||||||
| 4 | parking, standing,
compliance, automated speed enforcement | ||||||
| 5 | system, or automated traffic law violation
liability that | ||||||
| 6 | may be filed by a person owing an unpaid fine or penalty. A | ||||||
| 7 | petition to set aside a determination of liability may | ||||||
| 8 | also be filed by a person required to complete a traffic | ||||||
| 9 | education program.
The petition shall be filed with and | ||||||
| 10 | ruled upon by the traffic compliance
administrator in the | ||||||
| 11 | manner and within the time specified by ordinance.
The | ||||||
| 12 | grounds for the petition may be limited to: (A) the person | ||||||
| 13 | not having
been the owner or lessee of the cited vehicle on | ||||||
| 14 | the date the
violation notice was issued, (B) the person | ||||||
| 15 | having already completed the required traffic education | ||||||
| 16 | program or paid the fine or
penalty, or both, for the | ||||||
| 17 | violation in question, and (C) excusable failure to
appear | ||||||
| 18 | at or
request a new date for a hearing.
With regard to | ||||||
| 19 | municipalities or counties with a population of 1 million | ||||||
| 20 | or more, it
shall be grounds for
dismissal of a
parking | ||||||
| 21 | violation if the state registration number or vehicle | ||||||
| 22 | make, only if specified in the violation notice, is
| ||||||
| 23 | incorrect. After the determination of
parking, standing, | ||||||
| 24 | compliance, automated speed enforcement system, or | ||||||
| 25 | automated traffic law violation liability has been set | ||||||
| 26 | aside
upon a showing of just
cause, the registered owner | ||||||
| |||||||
| |||||||
| 1 | shall be provided with a hearing on the merits
for that | ||||||
| 2 | violation.
| ||||||
| 3 | (9) Procedures for non-residents. Procedures by which | ||||||
| 4 | persons who are
not residents of the municipality or | ||||||
| 5 | county may contest the merits of the alleged
violation | ||||||
| 6 | without attending a hearing.
| ||||||
| 7 | (10) A schedule of civil fines for violations of | ||||||
| 8 | vehicular standing,
parking, compliance, automated speed | ||||||
| 9 | enforcement system, or automated traffic law regulations | ||||||
| 10 | enacted by ordinance pursuant to this
Section, and a
| ||||||
| 11 | schedule of penalties for late payment of the fines or | ||||||
| 12 | failure to complete required traffic education programs, | ||||||
| 13 | provided, however,
that the total amount of the fine and | ||||||
| 14 | penalty for any one violation shall
not exceed $250, | ||||||
| 15 | except as provided in subsection (c) of Section 11-1301.3 | ||||||
| 16 | of this Code.
| ||||||
| 17 | (11) Other provisions as are necessary and proper to | ||||||
| 18 | carry into
effect the powers granted and purposes stated | ||||||
| 19 | in this Section.
| ||||||
| 20 | (c) Any municipality or county establishing vehicular | ||||||
| 21 | standing, parking,
compliance, automated speed enforcement | ||||||
| 22 | system, or automated traffic law
regulations under this | ||||||
| 23 | Section may also provide by ordinance for a
program of vehicle | ||||||
| 24 | immobilization for the purpose of facilitating
enforcement of | ||||||
| 25 | those regulations. The program of vehicle
immobilization shall | ||||||
| 26 | provide for immobilizing any eligible vehicle upon the
public | ||||||
| |||||||
| |||||||
| 1 | way by presence of a restraint in a manner to prevent operation | ||||||
| 2 | of
the vehicle. Any ordinance establishing a program of | ||||||
| 3 | vehicle
immobilization under this Section shall provide:
| ||||||
| 4 | (1) Criteria for the designation of vehicles eligible | ||||||
| 5 | for
immobilization. A vehicle shall be eligible for | ||||||
| 6 | immobilization when the
registered owner of the vehicle | ||||||
| 7 | has accumulated the number of incomplete traffic education | ||||||
| 8 | programs or unpaid final
determinations of parking, | ||||||
| 9 | standing, compliance, automated speed enforcement system, | ||||||
| 10 | or automated traffic law violation liability, or both, as
| ||||||
| 11 | determined by ordinance.
| ||||||
| 12 | (2) A notice of impending vehicle immobilization and a | ||||||
| 13 | right to a
hearing to challenge the validity of the notice | ||||||
| 14 | by disproving liability
for the incomplete traffic | ||||||
| 15 | education programs or unpaid final determinations of | ||||||
| 16 | parking, standing, compliance, automated speed enforcement | ||||||
| 17 | system, or automated traffic law
violation liability, or | ||||||
| 18 | both, listed
on the notice.
| ||||||
| 19 | (3) The right to a prompt hearing after a vehicle has | ||||||
| 20 | been immobilized
or subsequently towed without the | ||||||
| 21 | completion of the required traffic education program or | ||||||
| 22 | payment of the outstanding fines and
penalties on parking, | ||||||
| 23 | standing, compliance, automated speed enforcement system, | ||||||
| 24 | or automated traffic law violations, or both, for which | ||||||
| 25 | final
determinations have been
issued. An order issued | ||||||
| 26 | after the hearing is a final administrative
decision | ||||||
| |||||||
| |||||||
| 1 | within the meaning of Section 3-101 of the Code of Civil | ||||||
| 2 | Procedure.
| ||||||
| 3 | (4) A post immobilization and post-towing notice | ||||||
| 4 | advising the registered
owner of the vehicle of the right | ||||||
| 5 | to a hearing to challenge the validity
of the impoundment.
| ||||||
| 6 | (d) Judicial review of final determinations of parking, | ||||||
| 7 | standing,
compliance, automated speed enforcement system, or | ||||||
| 8 | automated traffic law
violations and final administrative | ||||||
| 9 | decisions issued after hearings
regarding vehicle | ||||||
| 10 | immobilization and impoundment made
under this Section shall | ||||||
| 11 | be subject to the provisions of
the Administrative Review Law.
| ||||||
| 12 | (e) Any fine, penalty, incomplete traffic education | ||||||
| 13 | program, or part of any fine or any penalty remaining
unpaid | ||||||
| 14 | after the exhaustion of, or the failure to exhaust, | ||||||
| 15 | administrative
remedies created under this Section and the | ||||||
| 16 | conclusion of any judicial
review procedures shall be a debt | ||||||
| 17 | due and owing the municipality or county and, as
such, may be | ||||||
| 18 | collected in accordance with applicable law. Completion of any | ||||||
| 19 | required traffic education program and payment in full
of any | ||||||
| 20 | fine or penalty resulting from a standing, parking,
| ||||||
| 21 | compliance, automated speed enforcement system, or automated | ||||||
| 22 | traffic law violation shall
constitute a final disposition of | ||||||
| 23 | that violation.
| ||||||
| 24 | (f) After the expiration of the period within which | ||||||
| 25 | judicial review may
be sought for a final determination of | ||||||
| 26 | parking, standing, compliance, automated speed enforcement | ||||||
| |||||||
| |||||||
| 1 | system, or automated traffic law
violation, the municipality
| ||||||
| 2 | or county may commence a proceeding in the Circuit Court for | ||||||
| 3 | purposes of obtaining a
judgment on the final determination of | ||||||
| 4 | violation. Nothing in this
Section shall prevent a | ||||||
| 5 | municipality or county from consolidating multiple final
| ||||||
| 6 | determinations of parking, standing, compliance, automated | ||||||
| 7 | speed enforcement system, or automated traffic law violations | ||||||
| 8 | against a
person in a proceeding.
Upon commencement of the | ||||||
| 9 | action, the municipality or county shall file a certified
copy | ||||||
| 10 | or record of the final determination of parking, standing, | ||||||
| 11 | compliance, automated speed enforcement system, or automated | ||||||
| 12 | traffic law
violation, which shall be
accompanied by a | ||||||
| 13 | certification that recites facts sufficient to show that
the | ||||||
| 14 | final determination of violation was
issued in accordance with | ||||||
| 15 | this Section and the applicable municipal
or county ordinance. | ||||||
| 16 | Service of the summons and a copy of the petition may be by
any | ||||||
| 17 | method provided by Section 2-203 of the Code of Civil | ||||||
| 18 | Procedure or by
certified mail, return receipt requested, | ||||||
| 19 | provided that the total amount of
fines and penalties for | ||||||
| 20 | final determinations of parking, standing,
compliance, | ||||||
| 21 | automated speed enforcement system, or automated traffic law | ||||||
| 22 | violations does not
exceed $2500. If the court is satisfied | ||||||
| 23 | that the final determination of
parking, standing, compliance, | ||||||
| 24 | automated speed enforcement system, or automated traffic law | ||||||
| 25 | violation was entered in accordance with
the requirements of
| ||||||
| 26 | this Section and the applicable municipal or county ordinance, | ||||||
| |||||||
| |||||||
| 1 | and that the registered
owner or the lessee, as the case may | ||||||
| 2 | be, had an opportunity for an
administrative hearing and for | ||||||
| 3 | judicial review as provided in this Section,
the court shall | ||||||
| 4 | render judgment in favor of the municipality or county and | ||||||
| 5 | against
the registered owner or the lessee for the amount | ||||||
| 6 | indicated in the final
determination of parking, standing, | ||||||
| 7 | compliance, automated speed enforcement system, or automated | ||||||
| 8 | traffic law violation, plus costs.
The judgment shall have
the | ||||||
| 9 | same effect and may be enforced in the same manner as other | ||||||
| 10 | judgments
for the recovery of money.
| ||||||
| 11 | (g) The fee for participating in a traffic education | ||||||
| 12 | program under this Section shall not exceed $25. | ||||||
| 13 | A low-income individual required to complete a traffic | ||||||
| 14 | education program under this Section who provides proof of | ||||||
| 15 | eligibility for the federal earned income tax credit under | ||||||
| 16 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
| 17 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
| 18 | Act shall not be required to pay any fee for participating in a | ||||||
| 19 | required traffic education program. | ||||||
| 20 | (Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20; | ||||||
| 21 | 101-652, eff. 7-1-21; 102-558, eff. 8-20-21.)
| ||||||
| 22 | (625 ILCS 5/11-208.6)
| ||||||
| 23 | Sec. 11-208.6. Automated traffic law enforcement system.
| ||||||
| 24 | (a) As used in this Section, "automated traffic law | ||||||
| 25 | enforcement
system" means a device with one or more motor | ||||||
| |||||||
| |||||||
| 1 | vehicle sensors working
in conjunction with a red light signal | ||||||
| 2 | to produce recorded images of
motor vehicles entering an | ||||||
| 3 | intersection against a red signal
indication in violation of | ||||||
| 4 | Section 11-306 of this Code or a similar provision
of a local | ||||||
| 5 | ordinance.
| ||||||
| 6 | An
automated traffic law enforcement system is a system, | ||||||
| 7 | in a municipality or
county operated by a
governmental agency, | ||||||
| 8 | that
produces a recorded image of a motor vehicle's
violation | ||||||
| 9 | of a provision of this Code or a local ordinance
and is | ||||||
| 10 | designed to obtain a clear recorded image of the
vehicle and | ||||||
| 11 | the vehicle's license plate. The recorded image must also
| ||||||
| 12 | display the time, date, and location of the violation.
| ||||||
| 13 | (b) As used in this Section, "recorded images" means | ||||||
| 14 | images
recorded by an automated traffic law enforcement system | ||||||
| 15 | on:
| ||||||
| 16 | (1) 2 or more photographs;
| ||||||
| 17 | (2) 2 or more microphotographs;
| ||||||
| 18 | (3) 2 or more electronic images; or
| ||||||
| 19 | (4) a video recording showing the motor vehicle and, | ||||||
| 20 | on at
least one image or portion of the recording, clearly | ||||||
| 21 | identifying the
registration plate or digital registration | ||||||
| 22 | plate number of the motor vehicle.
| ||||||
| 23 | (b-5) A municipality or
county that
produces a recorded | ||||||
| 24 | image of a motor vehicle's
violation of a provision of this | ||||||
| 25 | Code or a local ordinance must make the recorded images of a | ||||||
| 26 | violation accessible to the alleged violator by providing the | ||||||
| |||||||
| |||||||
| 1 | alleged violator with a website address, accessible through | ||||||
| 2 | the Internet. | ||||||
| 3 | (c) Except as provided under Section 11-208.8 of this | ||||||
| 4 | Code, a county or municipality, including a home rule county | ||||||
| 5 | or municipality, may not use an automated traffic law | ||||||
| 6 | enforcement system to provide recorded images of a motor | ||||||
| 7 | vehicle for the purpose of recording its speed. Except as | ||||||
| 8 | provided under Section 11-208.8 of this Code, the regulation | ||||||
| 9 | of the use of automated traffic law enforcement systems to | ||||||
| 10 | record vehicle speeds is an exclusive power and function of | ||||||
| 11 | the State. This subsection (c) is a denial and limitation of | ||||||
| 12 | home rule powers and functions under subsection (h) of Section | ||||||
| 13 | 6 of Article VII of the Illinois Constitution.
| ||||||
| 14 | (c-5) A county or municipality, including a home rule | ||||||
| 15 | county or municipality, may not use an automated traffic law | ||||||
| 16 | enforcement system to issue violations in instances where the | ||||||
| 17 | motor vehicle comes to a complete stop and does not enter the | ||||||
| 18 | intersection, as defined by Section 1-132 of this Code, during | ||||||
| 19 | the cycle of the red signal indication unless one or more | ||||||
| 20 | pedestrians or bicyclists are present, even if the motor | ||||||
| 21 | vehicle stops at a point past a stop line or crosswalk where a | ||||||
| 22 | driver is required to stop, as specified in subsection (c) of | ||||||
| 23 | Section 11-306 of this Code or a similar provision of a local | ||||||
| 24 | ordinance. | ||||||
| 25 | (c-6) A county, or a municipality with less than 2,000,000 | ||||||
| 26 | inhabitants, including a home rule county or municipality, may | ||||||
| |||||||
| |||||||
| 1 | not use an automated traffic law enforcement system to issue | ||||||
| 2 | violations in instances where a motorcyclist enters an | ||||||
| 3 | intersection against a red signal
indication when the red | ||||||
| 4 | signal fails to change to a green signal within a reasonable | ||||||
| 5 | period of time not less than 120 seconds because of a signal | ||||||
| 6 | malfunction or because the signal has failed to detect the | ||||||
| 7 | arrival of the motorcycle due to the motorcycle's size or | ||||||
| 8 | weight. | ||||||
| 9 | (d) For each violation of a provision of this Code or a | ||||||
| 10 | local ordinance
recorded by an automatic
traffic law | ||||||
| 11 | enforcement system, the county or municipality having
| ||||||
| 12 | jurisdiction shall issue a written notice of the
violation to | ||||||
| 13 | the registered owner of the vehicle as the alleged
violator. | ||||||
| 14 | The notice shall be delivered to the registered
owner of the | ||||||
| 15 | vehicle, by mail, within 30 days after the Secretary of State | ||||||
| 16 | notifies the municipality or county of the identity of the | ||||||
| 17 | owner of the vehicle, but in no event later than 90 days after | ||||||
| 18 | the violation.
| ||||||
| 19 | The notice shall include:
| ||||||
| 20 | (1) the name and address of the registered owner of | ||||||
| 21 | the
vehicle;
| ||||||
| 22 | (2) the registration number of the motor vehicle
| ||||||
| 23 | involved in the violation;
| ||||||
| 24 | (3) the violation charged;
| ||||||
| 25 | (4) the location where the violation occurred;
| ||||||
| 26 | (5) the date and time of the violation;
| ||||||
| |||||||
| |||||||
| 1 | (6) a copy of the recorded images;
| ||||||
| 2 | (7) the amount of the civil penalty imposed and the | ||||||
| 3 | requirements of any traffic education program imposed and | ||||||
| 4 | the date
by which the civil penalty should be paid and the | ||||||
| 5 | traffic education program should be completed;
| ||||||
| 6 | (8) a statement that recorded images are evidence of a
| ||||||
| 7 | violation of a red light signal;
| ||||||
| 8 | (9) a warning that failure to pay the civil penalty, | ||||||
| 9 | to complete a required traffic education program, or to
| ||||||
| 10 | contest liability in a timely manner is an admission of
| ||||||
| 11 | liability and may result in a suspension of the driving
| ||||||
| 12 | privileges of the registered owner of the vehicle;
| ||||||
| 13 | (10) a statement that the person may elect to proceed | ||||||
| 14 | by:
| ||||||
| 15 | (A) paying the fine, completing a required traffic | ||||||
| 16 | education program, or both; 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 | (e) (Blank). If a person
charged with a traffic violation, | ||||||
| 23 | as a result of an automated traffic law
enforcement system, | ||||||
| 24 | does not pay the fine or complete a required traffic education | ||||||
| 25 | program, or both, or successfully contest the civil
penalty | ||||||
| 26 | resulting from that violation, the Secretary of State shall | ||||||
| |||||||
| |||||||
| 1 | suspend the
driving privileges of the
registered owner of the | ||||||
| 2 | vehicle under Section 6-306.5 of this Code for failing
to | ||||||
| 3 | complete a required traffic education program or to pay any | ||||||
| 4 | fine or penalty
due and owing, or both, as a result of a | ||||||
| 5 | combination of 5 violations of the automated traffic law
| ||||||
| 6 | enforcement system or the automated speed enforcement system | ||||||
| 7 | under Section 11-208.8 of this Code.
| ||||||
| 8 | (f) Based on inspection of recorded images produced by an
| ||||||
| 9 | automated traffic law enforcement system, a notice alleging | ||||||
| 10 | that the violation occurred shall be evidence of the facts | ||||||
| 11 | contained
in the notice and admissible in any proceeding | ||||||
| 12 | alleging a
violation under this Section.
| ||||||
| 13 | (g) Recorded images made by an automatic traffic law
| ||||||
| 14 | enforcement system are confidential and shall be made
| ||||||
| 15 | available only to the alleged violator and governmental and
| ||||||
| 16 | law enforcement agencies for purposes of adjudicating a
| ||||||
| 17 | violation of this Section, for statistical purposes, or for | ||||||
| 18 | other governmental purposes. Any recorded image evidencing a
| ||||||
| 19 | violation of this Section, however, may be admissible in
any | ||||||
| 20 | proceeding resulting from the issuance of the citation.
| ||||||
| 21 | (h) The court or hearing officer may consider in defense | ||||||
| 22 | of a violation:
| ||||||
| 23 | (1) that the motor vehicle or registration plates or | ||||||
| 24 | digital registration plates of the motor
vehicle were | ||||||
| 25 | stolen before the violation occurred and not
under the | ||||||
| 26 | control of or in the possession of the owner at
the time of | ||||||
| |||||||
| |||||||
| 1 | the violation;
| ||||||
| 2 | (2) that the driver of the vehicle passed through the
| ||||||
| 3 | intersection when the light was red either (i) in order to
| ||||||
| 4 | yield the right-of-way to an emergency vehicle or (ii) as
| ||||||
| 5 | part of a funeral procession; and
| ||||||
| 6 | (3) any other evidence or issues provided by municipal | ||||||
| 7 | or county ordinance.
| ||||||
| 8 | (i) To demonstrate that the motor vehicle or the | ||||||
| 9 | registration
plates or digital registration plates were stolen | ||||||
| 10 | before the violation occurred and were not under the
control | ||||||
| 11 | or possession of the owner at the time of the violation, the
| ||||||
| 12 | owner must submit proof that a report concerning the stolen
| ||||||
| 13 | motor vehicle or registration plates was filed with a law | ||||||
| 14 | enforcement agency in a timely manner.
| ||||||
| 15 | (j) Unless the driver of the motor vehicle received a | ||||||
| 16 | Uniform
Traffic Citation from a police officer at the time of | ||||||
| 17 | the violation,
the motor vehicle owner is subject to a civil | ||||||
| 18 | penalty not exceeding
$100 or the completion of a traffic | ||||||
| 19 | education program, or both, plus an additional penalty of not | ||||||
| 20 | more than $100 for failure to pay the original penalty or to | ||||||
| 21 | complete a required traffic education program, or both, in a | ||||||
| 22 | timely manner, if the motor vehicle is recorded by an | ||||||
| 23 | automated traffic law
enforcement system. A violation for | ||||||
| 24 | which a civil penalty is imposed
under this Section is not a | ||||||
| 25 | violation of a traffic regulation governing
the movement of | ||||||
| 26 | vehicles and may not be recorded on the driving record
of the | ||||||
| |||||||
| |||||||
| 1 | owner of the vehicle.
| ||||||
| 2 | (j-3) A registered owner who is a holder of a valid | ||||||
| 3 | commercial driver's license is not required to complete a | ||||||
| 4 | traffic education program. | ||||||
| 5 | (j-5) For purposes of the required traffic education | ||||||
| 6 | program only, a registered owner may submit an affidavit to | ||||||
| 7 | the court or hearing officer swearing that at the time of the | ||||||
| 8 | alleged violation, the vehicle was in the custody and control | ||||||
| 9 | of another person. The affidavit must identify the person in | ||||||
| 10 | custody and control of the vehicle, including the person's | ||||||
| 11 | name and current address. The person in custody and control of | ||||||
| 12 | the vehicle at the time of the violation is required to | ||||||
| 13 | complete the required traffic education program. If the person | ||||||
| 14 | in custody and control of the vehicle at the time of the | ||||||
| 15 | violation completes the required traffic education program, | ||||||
| 16 | the registered owner of the vehicle is not required to | ||||||
| 17 | complete a traffic education program. | ||||||
| 18 | (k) An intersection equipped with an automated traffic law
| ||||||
| 19 | enforcement system must be posted with a sign visible to | ||||||
| 20 | approaching traffic
indicating that the intersection is being | ||||||
| 21 | monitored by an automated
traffic law enforcement system. | ||||||
| 22 | (k-3) A municipality or
county that has one or more | ||||||
| 23 | intersections equipped with an automated traffic law
| ||||||
| 24 | enforcement system must provide notice to drivers by posting | ||||||
| 25 | the locations of automated traffic law systems on the | ||||||
| 26 | municipality or county website.
| ||||||
| |||||||
| |||||||
| 1 | (k-5) An intersection equipped with an automated traffic | ||||||
| 2 | law
enforcement system must have a yellow change interval that | ||||||
| 3 | conforms with the Illinois Manual on Uniform Traffic Control | ||||||
| 4 | Devices (IMUTCD) published by the Illinois Department of | ||||||
| 5 | Transportation. | ||||||
| 6 | (k-7) A municipality or county operating an automated | ||||||
| 7 | traffic law enforcement system shall conduct a statistical | ||||||
| 8 | analysis to assess the safety impact of each automated traffic | ||||||
| 9 | law enforcement system at an intersection following | ||||||
| 10 | installation of the system. The statistical analysis shall be | ||||||
| 11 | based upon the best available crash, traffic, and other data, | ||||||
| 12 | and shall cover a period of time before and after installation | ||||||
| 13 | of the system sufficient to provide a statistically valid | ||||||
| 14 | comparison of safety impact. The statistical analysis shall be | ||||||
| 15 | consistent with professional judgment and acceptable industry | ||||||
| 16 | practice. The statistical analysis also shall be consistent | ||||||
| 17 | with the data required for valid comparisons of before and | ||||||
| 18 | after conditions and shall be conducted within a reasonable | ||||||
| 19 | period following the installation of the automated traffic law | ||||||
| 20 | enforcement system. The statistical analysis required by this | ||||||
| 21 | subsection (k-7) shall be made available to the public and | ||||||
| 22 | shall be published on the website of the municipality or | ||||||
| 23 | county. If the statistical analysis for the 36 month period | ||||||
| 24 | following installation of the system indicates that there has | ||||||
| 25 | been an increase in the rate of accidents at the approach to | ||||||
| 26 | the intersection monitored by the system, the municipality or | ||||||
| |||||||
| |||||||
| 1 | county shall undertake additional studies to determine the | ||||||
| 2 | cause and severity of the accidents, and may take any action | ||||||
| 3 | that it determines is necessary or appropriate to reduce the | ||||||
| 4 | number or severity of the accidents at that intersection. | ||||||
| 5 | (l) The compensation paid for an automated traffic law | ||||||
| 6 | enforcement system
must be based on the value of the equipment | ||||||
| 7 | or the services provided and may
not be based on the number of | ||||||
| 8 | traffic citations issued or the revenue generated
by the | ||||||
| 9 | system.
| ||||||
| 10 | (m) This Section applies only to the counties of Cook, | ||||||
| 11 | DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | ||||||
| 12 | to municipalities located within those counties.
| ||||||
| 13 | (n) The fee for participating in a traffic education | ||||||
| 14 | program under this Section shall not exceed $25. | ||||||
| 15 | A low-income individual required to complete a traffic | ||||||
| 16 | education program under this Section who provides proof of | ||||||
| 17 | eligibility for the federal earned income tax credit under | ||||||
| 18 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
| 19 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
| 20 | Act shall not be required to pay any fee for participating in a | ||||||
| 21 | required traffic education program. | ||||||
| 22 | (o) (Blank). A municipality or county shall make a | ||||||
| 23 | certified report to the Secretary of State pursuant to Section | ||||||
| 24 | 6-306.5 of this Code whenever a registered owner of a vehicle | ||||||
| 25 | has failed to pay any
fine or penalty due and owing as a result | ||||||
| 26 | of a combination of 5 offenses for automated traffic
law or | ||||||
| |||||||
| |||||||
| 1 | speed enforcement system violations. | ||||||
| 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 drivers 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 | (Source: P.A. 101-395, eff. 8-16-19; 101-652.)
| ||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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; | ||||||
| |||||||
| |||||||
| 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). If a person
charged with a traffic violation, | ||||||
| 16 | as a result of an automated speed enforcement system, does not | ||||||
| 17 | pay the fine or successfully contest the civil
penalty | ||||||
| 18 | resulting from that violation, the Secretary of State shall | ||||||
| 19 | suspend the
driving privileges of the
registered owner of the | ||||||
| 20 | vehicle under Section 6-306.5 of this Code for failing
to pay | ||||||
| 21 | any fine or penalty
due and owing, or both, as a result of a | ||||||
| 22 | combination of 5 violations of the automated speed enforcement | ||||||
| 23 | system or the automated traffic law under Section 11-208.6 of | ||||||
| 24 | this Code. | ||||||
| 25 | (h) Based on inspection of recorded images produced by an
| ||||||
| 26 | automated speed enforcement system, a notice alleging that the | ||||||
| |||||||
| |||||||
| 1 | violation occurred shall be evidence of the facts contained
in | ||||||
| 2 | the notice and admissible in any proceeding alleging a
| ||||||
| 3 | violation under this Section. | ||||||
| 4 | (i) Recorded images made by an automated speed
enforcement | ||||||
| 5 | system are confidential and shall be made
available only to | ||||||
| 6 | the alleged violator and governmental and
law enforcement | ||||||
| 7 | agencies for purposes of adjudicating a
violation of this | ||||||
| 8 | Section, for statistical purposes, or for other governmental | ||||||
| 9 | purposes. Any recorded image evidencing a
violation of this | ||||||
| 10 | Section, however, may be admissible in
any proceeding | ||||||
| 11 | resulting from the issuance of the citation. | ||||||
| 12 | (j) The court or hearing officer may consider in defense | ||||||
| 13 | of a violation: | ||||||
| 14 | (1) that the motor vehicle or registration plates or | ||||||
| 15 | digital registration plates of the motor
vehicle were | ||||||
| 16 | stolen before the violation occurred and not
under the | ||||||
| 17 | control or in the possession of the owner at
the time of | ||||||
| 18 | the violation; | ||||||
| 19 | (2) that the driver of the motor vehicle received a | ||||||
| 20 | Uniform Traffic Citation from a police officer for a | ||||||
| 21 | speeding violation occurring within one-eighth of a mile | ||||||
| 22 | and 15 minutes of the violation that was recorded by the | ||||||
| 23 | system; and | ||||||
| 24 | (3) any other evidence or issues provided by municipal | ||||||
| 25 | ordinance. | ||||||
| 26 | (k) To demonstrate that the motor vehicle or the | ||||||
| |||||||
| |||||||
| 1 | registration
plates or digital registration plates were stolen | ||||||
| 2 | before the violation occurred and were not under the
control | ||||||
| 3 | or possession of the owner at the time of the violation, the
| ||||||
| 4 | owner must submit proof that a report concerning the stolen
| ||||||
| 5 | motor vehicle or registration plates was filed with a law | ||||||
| 6 | enforcement agency in a timely manner. | ||||||
| 7 | (l) A roadway equipped with an automated speed enforcement | ||||||
| 8 | system shall be posted with a sign conforming to the national | ||||||
| 9 | Manual on Uniform Traffic Control Devices that is visible to | ||||||
| 10 | approaching traffic stating that vehicle speeds are being | ||||||
| 11 | photo-enforced and indicating the speed limit. The | ||||||
| 12 | municipality shall install such additional signage as it | ||||||
| 13 | determines is necessary to give reasonable notice to drivers | ||||||
| 14 | as to where automated speed enforcement systems are installed. | ||||||
| 15 | (m) A roadway where a new automated speed enforcement | ||||||
| 16 | system is installed shall be posted with signs providing 30 | ||||||
| 17 | days notice of the use of a new automated speed enforcement | ||||||
| 18 | system prior to the issuance of any citations through the | ||||||
| 19 | automated speed enforcement system. | ||||||
| 20 | (n) The compensation paid for an automated speed | ||||||
| 21 | enforcement system
must be based on the value of the equipment | ||||||
| 22 | or the services provided and may
not be based on the number of | ||||||
| 23 | traffic citations issued or the revenue generated
by the | ||||||
| 24 | system. | ||||||
| 25 | (o) (Blank). A municipality shall make a certified report | ||||||
| 26 | to the Secretary of State pursuant to Section 6-306.5 of this | ||||||
| |||||||
| |||||||
| 1 | Code whenever a registered owner of a vehicle has failed to pay | ||||||
| 2 | any
fine or penalty due and owing as a result of a combination | ||||||
| 3 | of 5 offenses for automated speed or traffic law enforcement | ||||||
| 4 | system violations. | ||||||
| 5 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
| 6 | to a written lease agreement shall be liable for an automated | ||||||
| 7 | speed or traffic law enforcement system violation involving | ||||||
| 8 | such motor vehicle during the period of the lease; provided | ||||||
| 9 | that upon the request of the appropriate authority received | ||||||
| 10 | within 120 days after the violation occurred, the lessor | ||||||
| 11 | provides within 60 days after such receipt the name and | ||||||
| 12 | address of the lessee. The drivers license number of a lessee | ||||||
| 13 | may be subsequently individually requested by the appropriate | ||||||
| 14 | authority if needed for enforcement of this Section. | ||||||
| 15 | Upon the provision of information by the lessor pursuant | ||||||
| 16 | to this subsection, the municipality may issue the violation | ||||||
| 17 | to the lessee of the vehicle in the same manner as it would | ||||||
| 18 | issue a violation to a registered owner of a vehicle pursuant | ||||||
| 19 | to this Section, and the lessee may be held liable for the | ||||||
| 20 | violation. | ||||||
| 21 | (q) A municipality using an automated speed enforcement | ||||||
| 22 | system must provide notice to drivers by publishing the | ||||||
| 23 | locations of all safety zones where system equipment is | ||||||
| 24 | installed on the website of the municipality. | ||||||
| 25 | (r) A municipality operating an automated speed | ||||||
| 26 | enforcement system shall conduct a statistical analysis to | ||||||
| |||||||
| |||||||
| 1 | assess the safety impact of the system. The statistical | ||||||
| 2 | analysis shall be based upon the best available crash, | ||||||
| 3 | traffic, and other data, and shall cover a period of time | ||||||
| 4 | before and after installation of the system sufficient to | ||||||
| 5 | provide a statistically valid comparison of safety impact. The | ||||||
| 6 | statistical analysis shall be consistent with professional | ||||||
| 7 | judgment and acceptable industry practice. The statistical | ||||||
| 8 | analysis also shall be consistent with the data required for | ||||||
| 9 | valid comparisons of before and after conditions and shall be | ||||||
| 10 | conducted within a reasonable period following the | ||||||
| 11 | installation of the automated traffic law enforcement system. | ||||||
| 12 | The statistical analysis required by this subsection shall be | ||||||
| 13 | made available to the public and shall be published on the | ||||||
| 14 | website of the municipality. | ||||||
| 15 | (s) This Section applies only to municipalities with a | ||||||
| 16 | population of 1,000,000 or more inhabitants.
| ||||||
| 17 | (Source: P.A. 101-395, eff. 8-16-19; 101-652.)
| ||||||
| 18 | (625 ILCS 5/11-208.9) | ||||||
| 19 | Sec. 11-208.9. Automated traffic law enforcement system; | ||||||
| 20 | approaching, overtaking, and passing a school bus. | ||||||
| 21 | (a) As used in this Section, "automated traffic law | ||||||
| 22 | enforcement
system" means a device with one or more motor | ||||||
| 23 | vehicle sensors working
in conjunction with the visual signals | ||||||
| 24 | on a school bus, as specified in Sections 12-803 and 12-805 of | ||||||
| 25 | this Code, to produce recorded images of
motor vehicles that | ||||||
| |||||||
| |||||||
| 1 | fail to stop before meeting or overtaking, from either | ||||||
| 2 | direction, any school bus stopped at any location for the | ||||||
| 3 | purpose of receiving or discharging pupils in violation of | ||||||
| 4 | Section 11-1414 of this Code or a similar provision
of a local | ||||||
| 5 | ordinance. | ||||||
| 6 | An
automated traffic law enforcement system is a system, | ||||||
| 7 | in a municipality or
county operated by a
governmental agency, | ||||||
| 8 | that
produces a recorded image of a motor vehicle's
violation | ||||||
| 9 | of a provision of this Code or a local ordinance
and is | ||||||
| 10 | designed to obtain a clear recorded image of the
vehicle and | ||||||
| 11 | the vehicle's license plate. The recorded image must also
| ||||||
| 12 | display the time, date, and location of the violation. | ||||||
| 13 | (b) As used in this Section, "recorded images" means | ||||||
| 14 | images
recorded by an automated traffic law enforcement system | ||||||
| 15 | on: | ||||||
| 16 | (1) 2 or more photographs; | ||||||
| 17 | (2) 2 or more microphotographs; | ||||||
| 18 | (3) 2 or more electronic images; or | ||||||
| 19 | (4) a video recording showing the motor vehicle and, | ||||||
| 20 | on at
least one image or portion of the recording, clearly | ||||||
| 21 | identifying the
registration plate or digital registration | ||||||
| 22 | plate number of the motor vehicle. | ||||||
| 23 | (c) A municipality or
county that
produces a recorded | ||||||
| 24 | image of a motor vehicle's
violation of a provision of this | ||||||
| 25 | Code or a local ordinance must make the recorded images of a | ||||||
| 26 | violation accessible to the alleged violator by providing the | ||||||
| |||||||
| |||||||
| 1 | alleged violator with a website address, accessible through | ||||||
| 2 | the Internet. | ||||||
| 3 | (d) For each violation of a provision of this Code or a | ||||||
| 4 | local ordinance
recorded by an automated
traffic law | ||||||
| 5 | enforcement system, the county or municipality having
| ||||||
| 6 | jurisdiction shall issue a written notice of the
violation to | ||||||
| 7 | the registered owner of the vehicle as the alleged
violator. | ||||||
| 8 | The notice shall be delivered to the registered
owner of the | ||||||
| 9 | vehicle, by mail, within 30 days after the Secretary of State | ||||||
| 10 | notifies the municipality or county of the identity of the | ||||||
| 11 | owner of the vehicle, but in no event later than 90 days after | ||||||
| 12 | the violation. | ||||||
| 13 | (e) The notice required under subsection (d) shall | ||||||
| 14 | include: | ||||||
| 15 | (1) the name and address of the registered owner of | ||||||
| 16 | the
vehicle; | ||||||
| 17 | (2) the registration number of the motor vehicle
| ||||||
| 18 | involved in the violation; | ||||||
| 19 | (3) the violation charged; | ||||||
| 20 | (4) the location where the violation occurred; | ||||||
| 21 | (5) the date and time of the violation; | ||||||
| 22 | (6) a copy of the recorded images; | ||||||
| 23 | (7) the amount of the civil penalty imposed and the | ||||||
| 24 | date
by which the civil penalty should be paid; | ||||||
| 25 | (8) a statement that recorded images are evidence of a
| ||||||
| 26 | violation of overtaking or passing a school bus stopped | ||||||
| |||||||
| |||||||
| 1 | for the purpose of receiving or discharging pupils; | ||||||
| 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; | ||||||
| 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; and | ||||||
| 11 | (11) a website address, accessible through the | ||||||
| 12 | Internet, where the person may view the recorded images of | ||||||
| 13 | the violation. | ||||||
| 14 | (f) (Blank). If a person
charged with a traffic violation, | ||||||
| 15 | as a result of an automated traffic law
enforcement system | ||||||
| 16 | under this Section, does not pay the fine or successfully | ||||||
| 17 | contest the civil
penalty resulting from that violation, the | ||||||
| 18 | Secretary of State shall suspend the
driving privileges of the
| ||||||
| 19 | registered owner of the vehicle under Section 6-306.5 of this | ||||||
| 20 | Code for failing
to pay any fine or penalty
due and owing as a | ||||||
| 21 | result of a combination of 5 violations of the automated | ||||||
| 22 | traffic law
enforcement system or the automated speed | ||||||
| 23 | enforcement system under Section 11-208.8 of this Code. | ||||||
| 24 | (g) Based on inspection of recorded images produced by an
| ||||||
| 25 | automated traffic law enforcement system, a notice alleging | ||||||
| 26 | that the violation occurred shall be evidence of the facts | ||||||
| |||||||
| |||||||
| 1 | contained
in the notice and admissible in any proceeding | ||||||
| 2 | alleging a
violation under this Section. | ||||||
| 3 | (h) Recorded images made by an automated traffic law
| ||||||
| 4 | enforcement system are confidential and shall be made
| ||||||
| 5 | available only to the alleged violator and governmental and
| ||||||
| 6 | law enforcement agencies for purposes of adjudicating a
| ||||||
| 7 | violation of this Section, for statistical purposes, or for | ||||||
| 8 | other governmental purposes. Any recorded image evidencing a
| ||||||
| 9 | violation of this Section, however, may be admissible in
any | ||||||
| 10 | proceeding resulting from the issuance of the citation. | ||||||
| 11 | (i) The court or hearing officer may consider in defense | ||||||
| 12 | of a violation: | ||||||
| 13 | (1) that the motor vehicle or registration plates or | ||||||
| 14 | digital registration plates of the motor
vehicle were | ||||||
| 15 | stolen before the violation occurred and not
under the | ||||||
| 16 | control of or in the possession of the owner at
the time of | ||||||
| 17 | the violation; | ||||||
| 18 | (2) that the driver of the motor vehicle received a | ||||||
| 19 | Uniform Traffic Citation from a police officer for a | ||||||
| 20 | violation of Section 11-1414 of this Code within | ||||||
| 21 | one-eighth of a mile and 15 minutes of the violation that | ||||||
| 22 | was recorded by the system; | ||||||
| 23 | (3) that the visual signals required by Sections | ||||||
| 24 | 12-803 and 12-805 of this Code were damaged, not | ||||||
| 25 | activated, not present in violation of Sections 12-803 and | ||||||
| 26 | 12-805, or inoperable; and | ||||||
| |||||||
| |||||||
| 1 | (4) any other evidence or issues provided by municipal | ||||||
| 2 | or county ordinance. | ||||||
| 3 | (j) To demonstrate that the motor vehicle or the | ||||||
| 4 | registration
plates or digital registration plates were stolen | ||||||
| 5 | before the violation occurred and were not under the
control | ||||||
| 6 | or possession of the owner at the time of the violation, the
| ||||||
| 7 | owner must submit proof that a report concerning the stolen
| ||||||
| 8 | motor vehicle or registration plates was filed with a law | ||||||
| 9 | enforcement agency in a timely manner. | ||||||
| 10 | (k) Unless the driver of the motor vehicle received a | ||||||
| 11 | Uniform
Traffic Citation from a police officer at the time of | ||||||
| 12 | the violation,
the motor vehicle owner is subject to a civil | ||||||
| 13 | penalty not exceeding
$150 for a first time violation or $500 | ||||||
| 14 | for a second or subsequent violation, plus an additional | ||||||
| 15 | penalty of not more than $100 for failure to pay the original | ||||||
| 16 | penalty in a timely manner, if the motor vehicle is recorded by | ||||||
| 17 | an automated traffic law
enforcement system. A violation for | ||||||
| 18 | which a civil penalty is imposed
under this Section is not a | ||||||
| 19 | violation of a traffic regulation governing
the movement of | ||||||
| 20 | vehicles and may not be recorded on the driving record
of the | ||||||
| 21 | owner of the vehicle, but may be recorded by the municipality | ||||||
| 22 | or county for the purpose of determining if a person is subject | ||||||
| 23 | to the higher fine for a second or subsequent offense. | ||||||
| 24 | (l) A school bus equipped with an automated traffic law
| ||||||
| 25 | enforcement system must be posted with a sign indicating that | ||||||
| 26 | the school bus is being monitored by an automated
traffic law | ||||||
| |||||||
| |||||||
| 1 | enforcement system. | ||||||
| 2 | (m) A municipality or
county that has one or more school | ||||||
| 3 | buses equipped with an automated traffic law
enforcement | ||||||
| 4 | system must provide notice to drivers by posting a list of | ||||||
| 5 | school districts using school buses equipped with an automated | ||||||
| 6 | traffic law enforcement system on the municipality or county | ||||||
| 7 | website. School districts that have one or more school buses | ||||||
| 8 | equipped with an automated traffic law enforcement system must | ||||||
| 9 | provide notice to drivers by posting that information on their | ||||||
| 10 | websites. | ||||||
| 11 | (n) A municipality or county operating an automated | ||||||
| 12 | traffic law enforcement system shall conduct a statistical | ||||||
| 13 | analysis to assess the safety impact in each school district | ||||||
| 14 | using school buses equipped with an automated traffic law | ||||||
| 15 | enforcement system following installation of the system. The | ||||||
| 16 | statistical analysis shall be based upon the best available | ||||||
| 17 | crash, traffic, and other data, and shall cover a period of | ||||||
| 18 | time before and after installation of the system sufficient to | ||||||
| 19 | provide a statistically valid comparison of safety impact. The | ||||||
| 20 | statistical analysis shall be consistent with professional | ||||||
| 21 | judgment and acceptable industry practice. The statistical | ||||||
| 22 | analysis also shall be consistent with the data required for | ||||||
| 23 | valid comparisons of before and after conditions and shall be | ||||||
| 24 | conducted within a reasonable period following the | ||||||
| 25 | installation of the automated traffic law enforcement system. | ||||||
| 26 | The statistical analysis required by this subsection shall be | ||||||
| |||||||
| |||||||
| 1 | made available to the public and shall be published on the | ||||||
| 2 | website of the municipality or county. If the statistical | ||||||
| 3 | analysis for the 36-month period following installation of the | ||||||
| 4 | system indicates that there has been an increase in the rate of | ||||||
| 5 | accidents at the approach to school buses monitored by the | ||||||
| 6 | system, the municipality or county shall undertake additional | ||||||
| 7 | studies to determine the cause and severity of the accidents, | ||||||
| 8 | and may take any action that it determines is necessary or | ||||||
| 9 | appropriate to reduce the number or severity of the accidents | ||||||
| 10 | involving school buses equipped with an automated traffic law | ||||||
| 11 | enforcement system. | ||||||
| 12 | (o) The compensation paid for an automated traffic law | ||||||
| 13 | enforcement system
must be based on the value of the equipment | ||||||
| 14 | or the services provided and may
not be based on the number of | ||||||
| 15 | traffic citations issued or the revenue generated
by the | ||||||
| 16 | system. | ||||||
| 17 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
| 18 | to a written lease agreement shall be liable for an automated | ||||||
| 19 | speed or traffic law enforcement system violation involving | ||||||
| 20 | such motor vehicle during the period of the lease; provided | ||||||
| 21 | that upon the request of the appropriate authority received | ||||||
| 22 | within 120 days after the violation occurred, the lessor | ||||||
| 23 | provides within 60 days after such receipt the name and | ||||||
| 24 | address of the lessee. The drivers license number of a lessee | ||||||
| 25 | may be subsequently individually requested by the appropriate | ||||||
| 26 | authority if needed for enforcement of this Section. | ||||||
| |||||||
| |||||||
| 1 | Upon the provision of information by the lessor pursuant | ||||||
| 2 | to this subsection, the county or municipality may issue the | ||||||
| 3 | violation to the lessee of the vehicle in the same manner as it | ||||||
| 4 | would issue a violation to a registered owner of a vehicle | ||||||
| 5 | pursuant to this Section, and the lessee may be held liable for | ||||||
| 6 | the violation. | ||||||
| 7 | (q) (Blank). A municipality or county shall make a | ||||||
| 8 | certified report to the Secretary of State pursuant to Section | ||||||
| 9 | 6-306.5 of this Code whenever a registered owner of a vehicle | ||||||
| 10 | has failed to pay any
fine or penalty due and owing as a result | ||||||
| 11 | of a combination of 5 offenses for automated traffic
law or | ||||||
| 12 | speed enforcement system violations. | ||||||
| 13 | (r) After a municipality or county enacts an ordinance | ||||||
| 14 | providing for automated traffic law enforcement systems under | ||||||
| 15 | this Section, each school district within that municipality or | ||||||
| 16 | county's jurisdiction may implement an automated traffic law | ||||||
| 17 | enforcement system under this Section. The elected school | ||||||
| 18 | board for that district must approve the implementation of an | ||||||
| 19 | automated traffic law enforcement system. The school district | ||||||
| 20 | shall be responsible for entering into a contract, approved by | ||||||
| 21 | the elected school board of that district, with vendors for | ||||||
| 22 | the installation, maintenance, and operation of the automated | ||||||
| 23 | traffic law enforcement system. The school district must enter | ||||||
| 24 | into an intergovernmental agreement, approved by the elected | ||||||
| 25 | school board of that district, with the municipality or county | ||||||
| 26 | with jurisdiction over that school district for the | ||||||
| |||||||
| |||||||
| 1 | administration of the automated traffic law enforcement | ||||||
| 2 | system. The proceeds from a school district's automated | ||||||
| 3 | traffic law enforcement system's fines shall be divided | ||||||
| 4 | equally between the school district and the municipality or | ||||||
| 5 | county administering the automated traffic law enforcement | ||||||
| 6 | system.
| ||||||
| 7 | (Source: P.A. 101-395, eff. 8-16-19; 101-652.)
| ||||||
| 8 | (625 ILCS 5/11-1201.1)
| ||||||
| 9 | Sec. 11-1201.1. Automated Railroad Crossing Enforcement | ||||||
| 10 | System.
| ||||||
| 11 | (a) For the purposes of this Section, an automated | ||||||
| 12 | railroad grade crossing
enforcement system is a system in a | ||||||
| 13 | municipality or county operated by a governmental agency that | ||||||
| 14 | produces a recorded image of a motor vehicle's violation of a | ||||||
| 15 | provision of this Code or local ordinance and is designed to | ||||||
| 16 | obtain a clear recorded image of the vehicle and vehicle's | ||||||
| 17 | license plate. The recorded image must also display the time, | ||||||
| 18 | date, and location of the violation. | ||||||
| 19 | As used in this Section, "recorded images" means images | ||||||
| 20 | recorded by an automated railroad grade crossing enforcement | ||||||
| 21 | system on: | ||||||
| 22 | (1) 2 or more photographs; | ||||||
| 23 | (2) 2 or more microphotographs; | ||||||
| 24 | (3) 2 or more electronic images; or | ||||||
| 25 | (4) a video recording showing the motor vehicle and, | ||||||
| |||||||
| |||||||
| 1 | on at least one image or portion of the recording, clearly | ||||||
| 2 | identifying the registration plate or digital registration | ||||||
| 3 | plate number of the motor vehicle.
| ||||||
| 4 | (b) The Illinois
Commerce Commission may, in cooperation | ||||||
| 5 | with a
local law enforcement agency, establish in any county | ||||||
| 6 | or municipality an automated
railroad grade crossing | ||||||
| 7 | enforcement system at any railroad grade crossing equipped | ||||||
| 8 | with a crossing gate designated by local authorities. Local | ||||||
| 9 | authorities desiring the establishment of an automated | ||||||
| 10 | railroad crossing enforcement system must initiate the process | ||||||
| 11 | by enacting a local ordinance requesting the creation of such | ||||||
| 12 | a system. After the ordinance has been enacted, and before any | ||||||
| 13 | additional steps toward the establishment of the system are | ||||||
| 14 | undertaken, the local authorities and the Commission must | ||||||
| 15 | agree to a plan for obtaining, from any combination of | ||||||
| 16 | federal, State, and local funding sources, the moneys required | ||||||
| 17 | for the purchase and installation of any necessary equipment.
| ||||||
| 18 | (b-1) (Blank.)
| ||||||
| 19 | (c) For each violation of Section 11-1201 of this Code or a | ||||||
| 20 | local ordinance recorded by an automated railroad grade | ||||||
| 21 | crossing enforcement system, the county or municipality having | ||||||
| 22 | jurisdiction shall issue a written notice of the violation to | ||||||
| 23 | the registered owner of the vehicle as the alleged violator. | ||||||
| 24 | The notice shall be delivered to the registered owner of the | ||||||
| 25 | vehicle, by mail, no later than 90 days after the violation. | ||||||
| 26 | The notice shall include: | ||||||
| |||||||
| |||||||
| 1 | (1) the name and address of the registered owner of | ||||||
| 2 | the vehicle; | ||||||
| 3 | (2) the registration number of the motor vehicle | ||||||
| 4 | involved in the violation; | ||||||
| 5 | (3) the violation charged; | ||||||
| 6 | (4) the location where the violation occurred; | ||||||
| 7 | (5) the date and time of the violation; | ||||||
| 8 | (6) a copy of the recorded images; | ||||||
| 9 | (7) the amount of the civil penalty imposed and the | ||||||
| 10 | date by which the civil penalty should be paid; | ||||||
| 11 | (8) a statement that recorded images are evidence of a | ||||||
| 12 | violation of a railroad grade crossing; | ||||||
| 13 | (9) a warning that failure to pay the civil penalty or | ||||||
| 14 | to contest liability in a timely manner is an admission of | ||||||
| 15 | liability and may result in a suspension of the driving | ||||||
| 16 | privileges of the registered owner of the vehicle; and | ||||||
| 17 | (10) a statement that the person may elect to proceed | ||||||
| 18 | by: | ||||||
| 19 | (A) paying the fine; or | ||||||
| 20 | (B) challenging the charge in court, by mail, or | ||||||
| 21 | by administrative hearing.
| ||||||
| 22 | (d) (Blank). If a person charged with a traffic violation, | ||||||
| 23 | as a result of an automated railroad grade crossing | ||||||
| 24 | enforcement system, does not pay or successfully contest the | ||||||
| 25 | civil penalty resulting from that violation, the Secretary of | ||||||
| 26 | State shall suspend the driving privileges of the registered | ||||||
| |||||||
| |||||||
| 1 | owner of the vehicle under Section 6-306.5 of this Code for | ||||||
| 2 | failing to pay any fine or penalty due and owing as a result of | ||||||
| 3 | 5 violations of the automated railroad grade crossing | ||||||
| 4 | enforcement system.
| ||||||
| 5 | (d-1) (Blank.)
| ||||||
| 6 | (d-2) (Blank.)
| ||||||
| 7 | (e) Based on inspection of recorded images produced by an | ||||||
| 8 | automated railroad grade crossing enforcement system, a notice | ||||||
| 9 | alleging that the violation occurred shall be evidence of the | ||||||
| 10 | facts contained in the notice and admissible in any proceeding | ||||||
| 11 | alleging a violation under this Section.
| ||||||
| 12 | (e-1) Recorded images made by an automated railroad grade | ||||||
| 13 | crossing 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 | (e-2) The court or hearing officer may consider the | ||||||
| 21 | following in the defense 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 at the time of | ||||||
| 26 | the violation;
| ||||||
| |||||||
| |||||||
| 1 | (2) that the driver of the motor vehicle received a | ||||||
| 2 | Uniform Traffic Citation from a police officer at the time | ||||||
| 3 | of the violation for the same offense; | ||||||
| 4 | (3) any other evidence or issues provided by municipal | ||||||
| 5 | or county ordinance. | ||||||
| 6 | (e-3) To demonstrate that the motor vehicle or the | ||||||
| 7 | registration plates or digital registration plates were stolen | ||||||
| 8 | before the violation occurred and were not under the control | ||||||
| 9 | or possession of the owner at the time of the violation, the | ||||||
| 10 | owner must submit proof that a report concerning the stolen | ||||||
| 11 | motor vehicle or registration plates was filed with a law | ||||||
| 12 | enforcement agency in a timely manner.
| ||||||
| 13 | (f) Rail crossings equipped with an automatic railroad | ||||||
| 14 | grade crossing
enforcement system shall be posted with a sign | ||||||
| 15 | visible to approaching traffic
stating that the railroad grade | ||||||
| 16 | crossing is being monitored, that citations
will be issued, | ||||||
| 17 | and the amount of the fine for violation.
| ||||||
| 18 | (g) The compensation paid for an automated railroad grade | ||||||
| 19 | crossing enforcement system must be based on the value of the | ||||||
| 20 | equipment or the services provided and may not be based on the | ||||||
| 21 | number of citations issued or the revenue generated by the | ||||||
| 22 | system.
| ||||||
| 23 | (h) (Blank.)
| ||||||
| 24 | (i) If any part or parts of this Section are held by a | ||||||
| 25 | court of competent
jurisdiction to be unconstitutional, the | ||||||
| 26 | unconstitutionality shall not affect
the validity of the | ||||||
| |||||||
| |||||||
| 1 | remaining parts of this Section. The General Assembly
hereby | ||||||
| 2 | declares that it would have passed the remaining parts of this | ||||||
| 3 | Section
if it had known that the other part or parts of this | ||||||
| 4 | Section would be declared
unconstitutional.
| ||||||
| 5 | (j) Penalty. A civil fine of
$250 shall be imposed for a | ||||||
| 6 | first violation of this Section, and a civil fine of $500 shall | ||||||
| 7 | be
imposed for a second or subsequent violation of this | ||||||
| 8 | Section.
| ||||||
| 9 | (Source: P.A. 101-395, eff. 8-16-19; 101-652.)
| ||||||
| 10 | Section 180. The Illinois Vehicle Code is amended by | ||||||
| 11 | reenacting and amending Sections 4-214.1, 6-306.5, and 6-306.6 | ||||||
| 12 | as follows:
| ||||||
| 13 | (625 ILCS 5/4-214.1)
| ||||||
| 14 | Sec. 4-214.1. Failure to pay fines, charges, and costs on | ||||||
| 15 | an abandoned
vehicle. (a) Whenever any resident of this | ||||||
| 16 | State fails to pay any fine, charge, or
cost imposed for a | ||||||
| 17 | violation of Section 4-201 of this Code, or a similar
| ||||||
| 18 | provision of a local ordinance, the clerk shall notify the | ||||||
| 19 | Secretary of State, on
a report prescribed by the Secretary, | ||||||
| 20 | and the Secretary shall prohibit the
renewal, reissue, or | ||||||
| 21 | reinstatement of the resident's driving privileges until
the | ||||||
| 22 | fine, charge, or cost has been paid in full. The clerk shall | ||||||
| 23 | provide
notice to the owner, at the owner's last known address | ||||||
| 24 | as shown on the court's
records, stating that the action will | ||||||
| |||||||
| |||||||
| 1 | be effective on the 46th day following
the date of the above | ||||||
| 2 | notice if payment is not received in full by the court of
| ||||||
| 3 | venue.
| ||||||
| 4 | (b) Following receipt of the report from the clerk, the | ||||||
| 5 | Secretary of State
shall make the proper notation to the | ||||||
| 6 | owner's file to prohibit the renewal,
reissue, or | ||||||
| 7 | reinstatement of the owner's driving privileges. Except as | ||||||
| 8 | provided
in subsection (d) of this Section, the notation shall | ||||||
| 9 | not be removed from the
owner's record until the owner | ||||||
| 10 | satisfies the outstanding fine, charge, or cost
and an | ||||||
| 11 | appropriate notice on a form prescribed by the Secretary is | ||||||
| 12 | received by
the Secretary from the court of venue, stating | ||||||
| 13 | that the fine, charge, or cost
has been paid in full. Upon | ||||||
| 14 | payment in full of a fine, charge, or court cost
which has | ||||||
| 15 | previously been reported under this Section as unpaid, the | ||||||
| 16 | clerk of
the court shall present the owner with a signed | ||||||
| 17 | receipt containing the seal of
the court indicating that the | ||||||
| 18 | fine, charge, or cost has been paid in full, and
shall forward | ||||||
| 19 | immediately to the Secretary of State a notice stating that | ||||||
| 20 | the
fine, charge, or cost has been paid in full.
| ||||||
| 21 | (c) Notwithstanding the receipt of a report from the clerk | ||||||
| 22 | as prescribed in
subsection (a), nothing in this Section is | ||||||
| 23 | intended to place
any responsibility upon the Secretary of | ||||||
| 24 | State to provide independent
notice to the owner of any | ||||||
| 25 | potential action to disallow the
renewal, reissue, or | ||||||
| 26 | reinstatement of the owner's driving privileges.
| ||||||
| |||||||
| |||||||
| 1 | (d) The Secretary of State shall renew, reissue, or | ||||||
| 2 | reinstate an owner's
driving privileges which were previously | ||||||
| 3 | refused under this Section upon
presentation of an original | ||||||
| 4 | receipt which is signed by the clerk of the court
and contains | ||||||
| 5 | the seal of the court indicating that the fine, charge, or cost
| ||||||
| 6 | has been paid in full. The Secretary of State shall retain the | ||||||
| 7 | receipt for his
or her records.
| ||||||
| 8 | (Source: P.A. 95-621, eff. 6-1-08.)
| ||||||
| 9 | (625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
| ||||||
| 10 | Sec. 6-306.5. Failure to pay fine or penalty for standing, | ||||||
| 11 | parking,
compliance, automated speed enforcement system, or | ||||||
| 12 | automated traffic law violations; suspension of driving | ||||||
| 13 | privileges.
| ||||||
| 14 | (a) Upon receipt of
a certified report,
as prescribed by | ||||||
| 15 | subsection (c) of
this Section, from
any municipality or | ||||||
| 16 | county stating that the owner of a registered vehicle has | ||||||
| 17 | failed to pay any
fine or penalty due and owing as a result of | ||||||
| 18 | 5 offenses for automated speed enforcement system violations | ||||||
| 19 | or automated traffic
violations as defined in Sections
| ||||||
| 20 | 11-208.6, 11-208.8, 11-208.9, or 11-1201.1, or combination | ||||||
| 21 | thereof, or (3) is more than 14 days in default of a payment | ||||||
| 22 | plan pursuant to which a suspension had been terminated under | ||||||
| 23 | subsection (c) of this Section, the Secretary of State
shall | ||||||
| 24 | suspend the driving privileges of such person in accordance | ||||||
| 25 | with the
procedures set forth in this Section.
The Secretary | ||||||
| |||||||
| |||||||
| 1 | shall also suspend the driving privileges of an owner of a
| ||||||
| 2 | registered vehicle upon receipt of a certified report, as | ||||||
| 3 | prescribed by
subsection (f) of this Section, from any | ||||||
| 4 | municipality or county stating that such
person has failed to | ||||||
| 5 | satisfy any fines or penalties imposed by final judgments
for | ||||||
| 6 | 5 or more automated speed enforcement system or automated | ||||||
| 7 | traffic law violations, or combination thereof, after
| ||||||
| 8 | exhaustion of judicial review procedures.
| ||||||
| 9 | (b) Following receipt of the certified report of the | ||||||
| 10 | municipality or county as
specified in this Section, the | ||||||
| 11 | Secretary of State shall notify the person
whose name appears | ||||||
| 12 | on the certified report that
the person's driver's
drivers | ||||||
| 13 | license will be suspended at the end of a specified period of | ||||||
| 14 | time
unless the Secretary of State is presented with a notice | ||||||
| 15 | from the
municipality or county certifying that the fine or | ||||||
| 16 | penalty due
and owing the municipality or county has been paid | ||||||
| 17 | or that inclusion of that
person's name on the certified | ||||||
| 18 | report was in error. The Secretary's notice
shall state in | ||||||
| 19 | substance the information
contained in the municipality's or | ||||||
| 20 | county's certified report to the Secretary, and
shall be | ||||||
| 21 | effective as specified by subsection (c) of Section 6-211 of | ||||||
| 22 | this
Code.
| ||||||
| 23 | (c) The report of the appropriate municipal or county | ||||||
| 24 | official notifying the
Secretary of State of unpaid fines or | ||||||
| 25 | penalties pursuant to this Section
shall be certified and | ||||||
| 26 | shall contain the following:
| ||||||
| |||||||
| |||||||
| 1 | (1) The name, last known address as recorded with the | ||||||
| 2 | Secretary of State, as provided by the lessor of the cited | ||||||
| 3 | vehicle at the time of lease, or as recorded in a United | ||||||
| 4 | States Post Office approved database if any notice sent | ||||||
| 5 | under Section 11-208.3 of this Code is returned as | ||||||
| 6 | undeliverable, and driver's drivers license number of the
| ||||||
| 7 | person who failed to pay the fine or
penalty or who has | ||||||
| 8 | defaulted in a payment plan and the registration number of | ||||||
| 9 | any vehicle known to be registered
to such person in this | ||||||
| 10 | State.
| ||||||
| 11 | (2) The name of the municipality or county making the | ||||||
| 12 | report pursuant to this
Section.
| ||||||
| 13 | (3) A statement that the municipality or county sent a | ||||||
| 14 | notice of impending driver's
drivers license suspension as | ||||||
| 15 | prescribed by ordinance enacted
pursuant to Section | ||||||
| 16 | 11-208.3 of this Code or a notice of default in a payment | ||||||
| 17 | plan, to the person named in the report at the
address | ||||||
| 18 | recorded with the Secretary of State or at the last | ||||||
| 19 | address known to the lessor of the cited vehicle at the | ||||||
| 20 | time of lease or, if any notice sent under Section | ||||||
| 21 | 11-208.3 of this Code is returned as undeliverable, at the | ||||||
| 22 | last known address recorded in a United States Post Office | ||||||
| 23 | approved database; the date on which such
notice was sent; | ||||||
| 24 | and the address to which such notice was sent.
In a | ||||||
| 25 | municipality or county with a population of 1,000,000 or | ||||||
| 26 | more, the report shall
also include a statement that the | ||||||
| |||||||
| |||||||
| 1 | alleged violator's State vehicle registration
number and | ||||||
| 2 | vehicle make, if specified on the automated speed | ||||||
| 3 | enforcement system violation or automated traffic law | ||||||
| 4 | violation notice, are correct as they appear on the | ||||||
| 5 | citations. | ||||||
| 6 | (4) A unique identifying reference number for each | ||||||
| 7 | request of suspension sent whenever a person has failed to | ||||||
| 8 | pay the fine or penalty or has defaulted on a payment plan.
| ||||||
| 9 | (d) Any municipality or county making a certified report | ||||||
| 10 | to the Secretary of State
pursuant to this Section
shall | ||||||
| 11 | notify the Secretary of State, in a form prescribed by the
| ||||||
| 12 | Secretary, whenever a person named in the certified report has | ||||||
| 13 | paid the
previously reported fine or penalty, whenever a | ||||||
| 14 | person named in the certified report has entered into a | ||||||
| 15 | payment plan pursuant to which the municipality or county has | ||||||
| 16 | agreed to terminate the suspension, or whenever the | ||||||
| 17 | municipality or county determines
that the original report was | ||||||
| 18 | in error. A certified copy of such
notification shall also be | ||||||
| 19 | given upon request and at no additional charge
to the person | ||||||
| 20 | named therein. Upon receipt of the municipality's or county's
| ||||||
| 21 | notification or presentation of a certified copy of such | ||||||
| 22 | notification, the
Secretary of State shall terminate the | ||||||
| 23 | suspension.
| ||||||
| 24 | (e) Any municipality or county making a certified report | ||||||
| 25 | to the Secretary of State
pursuant to this Section
shall also | ||||||
| 26 | by ordinance establish procedures for persons to
challenge the | ||||||
| |||||||
| |||||||
| 1 | accuracy of the certified report. The ordinance shall also
| ||||||
| 2 | state the grounds for such a challenge, which may be limited to | ||||||
| 3 | (1) the
person not having been the owner or lessee of the | ||||||
| 4 | vehicle or vehicles
receiving a combination of 5 or more | ||||||
| 5 | automated speed enforcement system or automated traffic law | ||||||
| 6 | violations on the date or dates such notices were issued; and | ||||||
| 7 | (2) the
person
having already paid the fine or penalty for the | ||||||
| 8 | combination of 5 or more automated speed enforcement system or | ||||||
| 9 | automated traffic law violations
indicated on the certified | ||||||
| 10 | report.
| ||||||
| 11 | (f) Any municipality or county, other than a municipality | ||||||
| 12 | or county establishing automated speed enforcement system | ||||||
| 13 | regulations under Section 11-208.8, or automated traffic law | ||||||
| 14 | regulations under Section 11-208.6, 11-208.9, or 11-1201.1, | ||||||
| 15 | may also
cause a suspension of a person's driver's drivers | ||||||
| 16 | license pursuant to this Section.
Such municipality or county | ||||||
| 17 | may invoke this sanction by making a certified report to
the | ||||||
| 18 | Secretary of State upon a person's failure to satisfy any fine | ||||||
| 19 | or
penalty imposed by final judgment for a combination of 5 or | ||||||
| 20 | more automated speed enforcement system or automated traffic | ||||||
| 21 | law violations after exhaustion
of judicial review
procedures, | ||||||
| 22 | but only if:
| ||||||
| 23 | (1) the municipality or county complies with the | ||||||
| 24 | provisions of this Section in all
respects except in | ||||||
| 25 | regard to enacting an ordinance pursuant to Section
| ||||||
| 26 | 11-208.3;
| ||||||
| |||||||
| |||||||
| 1 | (2) the municipality or county has sent a notice of | ||||||
| 2 | impending driver's
drivers license suspension as | ||||||
| 3 | prescribed by an ordinance enacted pursuant to
subsection | ||||||
| 4 | (g) of this Section; and
| ||||||
| 5 | (3) in municipalities or counties with a population of | ||||||
| 6 | 1,000,000 or more, the
municipality or county
has verified | ||||||
| 7 | that the alleged violator's State vehicle registration | ||||||
| 8 | number and
vehicle make are correct as they appear on the | ||||||
| 9 | citations.
| ||||||
| 10 | (g) Any municipality or county, other than a municipality | ||||||
| 11 | or county establishing
automated speed enforcement system | ||||||
| 12 | regulations under Section 11-208.8, or automated traffic law | ||||||
| 13 | regulations under Section 11-208.6, 11-208.9, or 11-1201.1, | ||||||
| 14 | may provide by
ordinance for the sending of a notice of | ||||||
| 15 | impending driver's
drivers license suspension to the person | ||||||
| 16 | who has failed to satisfy any fine
or penalty imposed by final | ||||||
| 17 | judgment for a combination of 5 or more automated speed | ||||||
| 18 | enforcement system or automated traffic law violations after | ||||||
| 19 | exhaustion
of
judicial review
procedures. An ordinance so | ||||||
| 20 | providing shall specify that the notice
sent to the person | ||||||
| 21 | liable for any fine or penalty
shall state that failure to pay | ||||||
| 22 | the fine or
penalty owing within 45 days of the notice's date | ||||||
| 23 | will result in the
municipality or county notifying the | ||||||
| 24 | Secretary of State that
the person's driver's drivers license | ||||||
| 25 | is eligible for suspension pursuant to this
Section.
The | ||||||
| 26 | notice of impending driver's drivers license suspension
shall | ||||||
| |||||||
| |||||||
| 1 | be sent by first class United States mail, postage prepaid, to | ||||||
| 2 | the
address
recorded with the Secretary of State or at the last | ||||||
| 3 | address known to the lessor of the cited vehicle at the time of | ||||||
| 4 | lease or, if any notice sent under Section 11-208.3 of this | ||||||
| 5 | Code is returned as undeliverable, to the last known address | ||||||
| 6 | recorded in a United States Post Office approved database.
| ||||||
| 7 | (h) An administrative hearing to contest an impending | ||||||
| 8 | suspension or a
suspension made pursuant to this Section may | ||||||
| 9 | be had upon filing a written
request with the Secretary of | ||||||
| 10 | State. The filing fee for this hearing shall
be $20, to be paid | ||||||
| 11 | at the time the request is made.
A municipality or county which | ||||||
| 12 | files a certified report with the Secretary of
State pursuant | ||||||
| 13 | to this Section shall reimburse the Secretary for all
| ||||||
| 14 | reasonable costs incurred by the Secretary as a result of the | ||||||
| 15 | filing of the
report, including, but not limited to, the costs | ||||||
| 16 | of providing the notice
required pursuant to subsection (b) | ||||||
| 17 | and the costs incurred by the Secretary
in any hearing | ||||||
| 18 | conducted with respect to the report pursuant to this
| ||||||
| 19 | subsection and any appeal from such a hearing.
| ||||||
| 20 | (i) The provisions of this Section shall apply on and | ||||||
| 21 | after January 1, 1988.
| ||||||
| 22 | (j) For purposes of this Section, the term "compliance | ||||||
| 23 | violation" is
defined as in Section 11-208.3.
| ||||||
| 24 | (Source: P.A. 101-623, eff. 7-1-20; revised 8-18-20.)
| ||||||
| 25 | (625 ILCS 5/6-306.6) (from Ch. 95 1/2, par. 6-306.6)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 6-306.6. Failure to pay traffic fines, penalties, or | ||||||
| 2 | court costs.
| ||||||
| 3 | (a) Whenever any resident of this State fails to pay any | ||||||
| 4 | traffic fine,
penalty,
or cost imposed for a violation of this | ||||||
| 5 | Code, or similar provision of
local ordinance, the clerk may | ||||||
| 6 | notify the Secretary of State, on
a report
prescribed by the | ||||||
| 7 | Secretary, and the Secretary shall prohibit the renewal,
| ||||||
| 8 | reissue or reinstatement of such resident's driving privileges | ||||||
| 9 | until such
fine, penalty, or cost has been paid in full. The | ||||||
| 10 | clerk
shall provide notice to
the driver, at the driver's last | ||||||
| 11 | known address as shown on the court's
records, stating that | ||||||
| 12 | such action
will be effective on the 46th day following the | ||||||
| 13 | date of the above notice if
payment is not received in full by | ||||||
| 14 | the court of venue.
| ||||||
| 15 | (a-1) Whenever any resident of this State who has made a | ||||||
| 16 | partial payment on any traffic fine, penalty, or cost that was | ||||||
| 17 | imposed under a conviction entered on or after the effective | ||||||
| 18 | date of this amendatory Act of the 93rd General Assembly, for a | ||||||
| 19 | violation of this Code or a similar provision of a local | ||||||
| 20 | ordinance, fails to pay the remainder of the outstanding fine, | ||||||
| 21 | penalty, or cost within the time limit set by the court, the | ||||||
| 22 | clerk may notify the Secretary of State, on a report | ||||||
| 23 | prescribed by the Secretary, and the Secretary shall prohibit | ||||||
| 24 | the renewal, reissue, or reinstatement of the resident's | ||||||
| 25 | driving privileges until the fine, penalty, or cost has been | ||||||
| 26 | paid in full. The clerk shall provide notice to the driver, at | ||||||
| |||||||
| |||||||
| 1 | the driver's last known address as shown on the court's | ||||||
| 2 | records, stating that the action will be effective on the 46th | ||||||
| 3 | day following the date of the notice if payment is not received | ||||||
| 4 | in full by the court of venue.
| ||||||
| 5 | (b) Except as provided in subsection (b-1), following | ||||||
| 6 | receipt of the report from the clerk, the
Secretary of
State | ||||||
| 7 | shall make the proper notation to the driver's file to | ||||||
| 8 | prohibit the
renewal, reissue or reinstatement of such | ||||||
| 9 | driver's driving privileges.
Except as provided in paragraph | ||||||
| 10 | (2) of subsection (d) of this Section, such
notation shall not | ||||||
| 11 | be removed from the driver's record until the
driver satisfies | ||||||
| 12 | the outstanding fine, penalty, or cost and an
appropriate | ||||||
| 13 | notice on
a form prescribed by the Secretary is received by the | ||||||
| 14 | Secretary from the
court of venue, stating that such fine, | ||||||
| 15 | penalty, or cost has been paid
in full.
Upon payment in full of | ||||||
| 16 | a traffic fine, penalty, or court cost which has
previously | ||||||
| 17 | been reported under this Section as unpaid, the clerk of the
| ||||||
| 18 | court shall present the driver with a signed receipt | ||||||
| 19 | containing the seal of
the court indicating that such fine, | ||||||
| 20 | penalty, or cost has been paid in
full, and
shall forward | ||||||
| 21 | forthwith to the Secretary of State a notice stating that the
| ||||||
| 22 | fine, penalty, or cost has been paid in full.
| ||||||
| 23 | (b-1) In a county with a population of 3,000,000 or more, | ||||||
| 24 | following receipt of the report from the clerk, the
Secretary | ||||||
| 25 | of
State shall make the proper notation to the driver's file to | ||||||
| 26 | prohibit the
renewal, reissue or reinstatement of such | ||||||
| |||||||
| |||||||
| 1 | driver's driving privileges.
Such notation shall not be | ||||||
| 2 | removed from the driver's record until the
driver satisfies | ||||||
| 3 | the outstanding fine, penalty, or cost and an
appropriate | ||||||
| 4 | notice on
a form prescribed by the Secretary is received by the | ||||||
| 5 | Secretary directly from the
court of venue, stating that such | ||||||
| 6 | fine, penalty, or cost has been paid
in full.
Upon payment in | ||||||
| 7 | full of a traffic fine, penalty, or court cost which has
| ||||||
| 8 | previously been reported under this Section as unpaid, the | ||||||
| 9 | clerk of the
court shall forward forthwith directly to the | ||||||
| 10 | Secretary of State a notice stating that the
fine, penalty, or | ||||||
| 11 | cost has been paid in full and shall provide the driver with a | ||||||
| 12 | signed receipt containing the seal of the court, indicating | ||||||
| 13 | that the fine, penalty, and cost have been paid in full. The | ||||||
| 14 | receipt may not be used by the driver to clear the driver's | ||||||
| 15 | record.
| ||||||
| 16 | (c) The provisions of this Section shall be limited to a | ||||||
| 17 | single action
per arrest and as a post conviction measure | ||||||
| 18 | only. Fines, penalty, or
costs to be
collected subsequent to | ||||||
| 19 | orders of court supervision, or other available
court | ||||||
| 20 | diversions are not applicable to this Section.
| ||||||
| 21 | (d)(1) Notwithstanding the receipt of a report from the | ||||||
| 22 | clerk
as
prescribed in subsections (a) and (e), nothing in | ||||||
| 23 | this Section is intended to place
any responsibility upon the | ||||||
| 24 | Secretary of State to provide independent
notice to the driver | ||||||
| 25 | of any potential action to disallow the renewal,
reissue or | ||||||
| 26 | reinstatement of such driver's driving privileges.
| ||||||
| |||||||
| |||||||
| 1 | (2) Except as provided in subsection (b-1), the
Secretary | ||||||
| 2 | of State shall renew, reissue or reinstate a
driver's driving | ||||||
| 3 | privileges which were previously refused pursuant to this
| ||||||
| 4 | Section upon presentation of an original receipt which is | ||||||
| 5 | signed by the
clerk of the court and contains the seal of the | ||||||
| 6 | court indicating that the
fine, penalty, or cost has been paid | ||||||
| 7 | in full. The Secretary of State
shall retain
such receipt for | ||||||
| 8 | his records.
| ||||||
| 9 | (e) Upon receipt of notification from another state that | ||||||
| 10 | is a member of the Nonresident Violator Compact of 1977, | ||||||
| 11 | stating a resident of this State failed to pay a traffic fine, | ||||||
| 12 | penalty, or cost imposed for a violation that occurs in | ||||||
| 13 | another state, the Secretary shall make the proper notation to | ||||||
| 14 | the driver's license file to prohibit the renewal, reissue, or | ||||||
| 15 | reinstatement of the resident's driving privileges until the | ||||||
| 16 | fine, penalty, or cost has been paid in full. The Secretary of | ||||||
| 17 | State shall renew, reissue, or reinstate the driver's driving | ||||||
| 18 | privileges that were previously refused under this Section | ||||||
| 19 | upon receipt of notification from the other state that | ||||||
| 20 | indicates that the fine, penalty, or cost has been paid in | ||||||
| 21 | full. The Secretary of State shall retain the out-of-state | ||||||
| 22 | receipt for his or her records.
| ||||||
| 23 | (Source: P.A. 98-178, eff. 1-1-14.)
| ||||||
| 24 | Section 185. The Snowmobile Registration and Safety Act is | ||||||
| 25 | amended by changing Section 5-7 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (625 ILCS 40/5-7)
| ||||||
| 2 | (Text of Section before amendment by P.A. 101-652) | ||||||
| 3 | Sec. 5-7. Operating a snowmobile while under the influence | ||||||
| 4 | of alcohol or
other drug or drugs, intoxicating compound or | ||||||
| 5 | compounds, or a combination of
them; criminal penalties; | ||||||
| 6 | suspension of operating privileges. | ||||||
| 7 | (a) A person may not operate or be in actual physical | ||||||
| 8 | control of a
snowmobile within this State
while:
| ||||||
| 9 | 1. The alcohol concentration in that person's blood, | ||||||
| 10 | other bodily substance, or breath is a
concentration at | ||||||
| 11 | which driving a motor vehicle is prohibited under
| ||||||
| 12 | subdivision (1) of subsection (a) of
Section 11-501 of the | ||||||
| 13 | Illinois Vehicle Code;
| ||||||
| 14 | 2. The person is under the influence of alcohol;
| ||||||
| 15 | 3. The person is under the influence of any other drug | ||||||
| 16 | or combination of
drugs to a degree that renders that | ||||||
| 17 | person incapable of safely operating a
snowmobile;
| ||||||
| 18 | 3.1. The person is under the influence of any | ||||||
| 19 | intoxicating compound or
combination of intoxicating | ||||||
| 20 | compounds to a degree that renders the person
incapable of | ||||||
| 21 | safely operating a snowmobile;
| ||||||
| 22 | 4. The person is under the combined influence of | ||||||
| 23 | alcohol and any other
drug or drugs or intoxicating | ||||||
| 24 | compound or compounds to a degree that
renders that person | ||||||
| 25 | incapable of safely
operating a snowmobile;
| ||||||
| |||||||
| |||||||
| 1 | 4.3. The person who is not a CDL holder has a | ||||||
| 2 | tetrahydrocannabinol concentration in the person's whole | ||||||
| 3 | blood or other bodily substance at which driving a motor | ||||||
| 4 | vehicle is prohibited under
subdivision (7) of subsection | ||||||
| 5 | (a) of
Section 11-501 of the Illinois Vehicle Code; | ||||||
| 6 | 4.5. The person who is a CDL holder has any amount of a | ||||||
| 7 | drug, substance, or
compound in the person's breath, | ||||||
| 8 | blood, other bodily substance, or urine resulting from the | ||||||
| 9 | unlawful use or consumption of cannabis listed in the | ||||||
| 10 | Cannabis Control Act; or | ||||||
| 11 | 5. There is any amount of a drug, substance, or | ||||||
| 12 | compound in that person's
breath, blood, other bodily | ||||||
| 13 | substance, or urine resulting from the unlawful use or | ||||||
| 14 | consumption
of a controlled substance listed in the
| ||||||
| 15 | Illinois Controlled Substances Act, methamphetamine as | ||||||
| 16 | listed in the Methamphetamine Control and Community | ||||||
| 17 | Protection Act, or intoxicating compound listed in the
use
| ||||||
| 18 | of Intoxicating Compounds Act.
| ||||||
| 19 | (b) The fact that a person charged with violating this | ||||||
| 20 | Section is or has
been legally entitled to use alcohol, other | ||||||
| 21 | drug or drugs, any
intoxicating
compound or compounds, or any | ||||||
| 22 | combination of them does not constitute a
defense against a | ||||||
| 23 | charge of violating this Section.
| ||||||
| 24 | (c) Every person convicted of violating this Section or a | ||||||
| 25 | similar
provision of a local ordinance is guilty of a
Class A | ||||||
| 26 | misdemeanor, except as otherwise provided in this Section.
| ||||||
| |||||||
| |||||||
| 1 | (c-1) As used in this Section, "first time offender" means | ||||||
| 2 | any person who has not had a previous conviction or been | ||||||
| 3 | assigned supervision for violating this Section or a similar | ||||||
| 4 | provision of a local ordinance, or any person who has not had a | ||||||
| 5 | suspension imposed under subsection (e) of Section 5-7.1. | ||||||
| 6 | (c-2) For purposes of this Section, the following are | ||||||
| 7 | equivalent to a conviction: | ||||||
| 8 | (1) a forfeiture of bail or collateral deposited to | ||||||
| 9 | secure a defendant's appearance in court when forfeiture | ||||||
| 10 | has not been vacated; or | ||||||
| 11 | (2) the failure of a defendant to appear for trial.
| ||||||
| 12 | (d) Every person convicted of violating this Section is | ||||||
| 13 | guilty of a
Class 4 felony if:
| ||||||
| 14 | 1. The person has a previous conviction under this | ||||||
| 15 | Section;
| ||||||
| 16 | 2. The offense results in personal injury where a | ||||||
| 17 | person other than the
operator suffers great bodily harm | ||||||
| 18 | or permanent disability or disfigurement,
when the | ||||||
| 19 | violation was a proximate cause of the injuries.
A person | ||||||
| 20 | guilty of a Class 4 felony under this paragraph 2, if | ||||||
| 21 | sentenced to a
term of imprisonment, shall be sentenced to | ||||||
| 22 | not less than one year nor more
than
12 years; or
| ||||||
| 23 | 3. The offense occurred during a period in which the | ||||||
| 24 | person's privileges
to
operate a snowmobile are revoked or | ||||||
| 25 | suspended, and the revocation or
suspension was for a | ||||||
| 26 | violation of this Section or was imposed under Section
| ||||||
| |||||||
| |||||||
| 1 | 5-7.1.
| ||||||
| 2 | (e) Every person convicted of violating this Section is | ||||||
| 3 | guilty
of a
Class 2 felony if the offense results in the death | ||||||
| 4 | of a person.
A person guilty of a Class 2 felony under this | ||||||
| 5 | subsection (e), if sentenced
to
a term of imprisonment, shall | ||||||
| 6 | be sentenced to a term of not less than 3 years
and not more | ||||||
| 7 | than 14 years.
| ||||||
| 8 | (e-1) Every person convicted of violating this Section or | ||||||
| 9 | a similar
provision of a local ordinance who had a child under | ||||||
| 10 | the age of 16 on board the
snowmobile at the time of offense | ||||||
| 11 | shall be subject to a mandatory minimum fine
of $500 and shall | ||||||
| 12 | be subject to a mandatory minimum of 5 days of community
| ||||||
| 13 | service in a program benefiting children. The assignment under | ||||||
| 14 | this subsection
shall not be subject to suspension nor shall | ||||||
| 15 | the person be eligible for
probation in order to reduce the | ||||||
| 16 | assignment.
| ||||||
| 17 | (e-2) Every person found guilty of violating this Section, | ||||||
| 18 | whose operation
of
a snowmobile while in violation of this | ||||||
| 19 | Section proximately caused any incident
resulting in an | ||||||
| 20 | appropriate emergency response, shall be liable for the | ||||||
| 21 | expense
of an emergency response as provided in subsection (i) | ||||||
| 22 | of Section 11-501.01 of the Illinois Vehicle Code.
| ||||||
| 23 | (e-3) In addition to any other penalties and liabilities, | ||||||
| 24 | a person who is
found guilty of violating this Section, | ||||||
| 25 | including any person placed on court
supervision, shall be | ||||||
| 26 | fined $100, payable to the circuit clerk, who shall
distribute | ||||||
| |||||||
| |||||||
| 1 | the money to the law enforcement agency that made the arrest or | ||||||
| 2 | as provided in subsection (c) of Section 10-5 of the Criminal | ||||||
| 3 | and Traffic Assessment Act if the arresting agency is a State | ||||||
| 4 | agency, unless more than one agency is responsible for the | ||||||
| 5 | arrest, in which case the amount shall be remitted to each unit | ||||||
| 6 | of government equally. Any moneys received by a law | ||||||
| 7 | enforcement agency under
this subsection (e-3) shall be used | ||||||
| 8 | to purchase law enforcement equipment or to
provide law | ||||||
| 9 | enforcement training that will assist in the prevention of | ||||||
| 10 | alcohol
related criminal violence throughout the State. Law | ||||||
| 11 | enforcement equipment shall
include, but is not limited to, | ||||||
| 12 | in-car video cameras, radar and laser speed
detection devices, | ||||||
| 13 | and alcohol breath testers.
| ||||||
| 14 | (f) In addition to any criminal penalties imposed, the
| ||||||
| 15 | Department of Natural Resources shall suspend the
snowmobile | ||||||
| 16 | operation privileges of
a person convicted or found guilty of | ||||||
| 17 | a misdemeanor under this
Section for a period of one
year, | ||||||
| 18 | except that first-time offenders are exempt from
this | ||||||
| 19 | mandatory one-year one year suspension.
| ||||||
| 20 | (g) In addition to any criminal penalties imposed, the | ||||||
| 21 | Department of Natural
Resources shall suspend for a period of | ||||||
| 22 | 5 years the snowmobile operation
privileges of any person | ||||||
| 23 | convicted or found guilty of a felony under this
Section.
| ||||||
| 24 | (Source: P.A. 102-145, eff. 7-23-21; revised 8-5-21.)
| ||||||
| 25 | (Text of Section after amendment by P.A. 101-652) | ||||||
| |||||||
| |||||||
| 1 | Sec. 5-7. Operating a snowmobile while under the influence | ||||||
| 2 | of alcohol or
other drug or drugs, intoxicating compound or | ||||||
| 3 | compounds, or a combination of
them; criminal penalties; | ||||||
| 4 | suspension of operating privileges. | ||||||
| 5 | (a) A person may not operate or be in actual physical | ||||||
| 6 | control of a
snowmobile within this State
while:
| ||||||
| 7 | 1. The alcohol concentration in that person's blood, | ||||||
| 8 | other bodily substance, or breath is a
concentration at | ||||||
| 9 | which driving a motor vehicle is prohibited under
| ||||||
| 10 | subdivision (1) of subsection (a) of
Section 11-501 of the | ||||||
| 11 | Illinois Vehicle Code;
| ||||||
| 12 | 2. The person is under the influence of alcohol;
| ||||||
| 13 | 3. The person is under the influence of any other drug | ||||||
| 14 | or combination of
drugs to a degree that renders that | ||||||
| 15 | person incapable of safely operating a
snowmobile;
| ||||||
| 16 | 3.1. The person is under the influence of any | ||||||
| 17 | intoxicating compound or
combination of intoxicating | ||||||
| 18 | compounds to a degree that renders the person
incapable of | ||||||
| 19 | safely operating a snowmobile;
| ||||||
| 20 | 4. The person is under the combined influence of | ||||||
| 21 | alcohol and any other
drug or drugs or intoxicating | ||||||
| 22 | compound or compounds to a degree that
renders that person | ||||||
| 23 | incapable of safely
operating a snowmobile;
| ||||||
| 24 | 4.3. The person who is not a CDL holder has a | ||||||
| 25 | tetrahydrocannabinol concentration in the person's whole | ||||||
| 26 | blood or other bodily substance at which driving a motor | ||||||
| |||||||
| |||||||
| 1 | vehicle is prohibited under
subdivision (7) of subsection | ||||||
| 2 | (a) of
Section 11-501 of the Illinois Vehicle Code; | ||||||
| 3 | 4.5. The person who is a CDL holder has any amount of a | ||||||
| 4 | drug, substance, or
compound in the person's breath, | ||||||
| 5 | blood, other bodily substance, or urine resulting from the | ||||||
| 6 | unlawful use or consumption of cannabis listed in the | ||||||
| 7 | Cannabis Control Act; or | ||||||
| 8 | 5. There is any amount of a drug, substance, or | ||||||
| 9 | compound in that person's
breath, blood, other bodily | ||||||
| 10 | substance, or urine resulting from the unlawful use or | ||||||
| 11 | consumption
of a controlled substance listed in the
| ||||||
| 12 | Illinois Controlled Substances Act, methamphetamine as | ||||||
| 13 | listed in the Methamphetamine Control and Community | ||||||
| 14 | Protection Act, or intoxicating compound listed in the
use
| ||||||
| 15 | of Intoxicating Compounds Act.
| ||||||
| 16 | (b) The fact that a person charged with violating this | ||||||
| 17 | Section is or has
been legally entitled to use alcohol, other | ||||||
| 18 | drug or drugs, any
intoxicating
compound or compounds, or any | ||||||
| 19 | combination of them does not constitute a
defense against a | ||||||
| 20 | charge of violating this Section.
| ||||||
| 21 | (c) Every person convicted of violating this Section or a | ||||||
| 22 | similar
provision of a local ordinance is guilty of a
Class A | ||||||
| 23 | misdemeanor, except as otherwise provided in this Section.
| ||||||
| 24 | (c-1) As used in this Section, "first time offender" means | ||||||
| 25 | any person who has not had a previous conviction or been | ||||||
| 26 | assigned supervision for violating this Section or a similar | ||||||
| |||||||
| |||||||
| 1 | provision of a local ordinance, or any person who has not had a | ||||||
| 2 | suspension imposed under subsection (e) of Section 5-7.1. | ||||||
| 3 | (c-2) For purposes of this Section, the following are | ||||||
| 4 | equivalent to a conviction: | ||||||
| 5 | (1) a violation of the terms of pretrial release when | ||||||
| 6 | the court has not relieved the defendant of complying with | ||||||
| 7 | the terms of pretrial release forfeiture of bail or | ||||||
| 8 | collateral deposited to secure a defendant's appearance in | ||||||
| 9 | court when forfeiture has not been vacated; or | ||||||
| 10 | (2) the failure of a defendant to appear for trial.
| ||||||
| 11 | (d) Every person convicted of violating this Section is | ||||||
| 12 | guilty of a
Class 4 felony if:
| ||||||
| 13 | 1. The person has a previous conviction under this | ||||||
| 14 | Section;
| ||||||
| 15 | 2. The offense results in personal injury where a | ||||||
| 16 | person other than the
operator suffers great bodily harm | ||||||
| 17 | or permanent disability or disfigurement,
when the | ||||||
| 18 | violation was a proximate cause of the injuries.
A person | ||||||
| 19 | guilty of a Class 4 felony under this paragraph 2, if | ||||||
| 20 | sentenced to a
term of imprisonment, shall be sentenced to | ||||||
| 21 | not less than one year nor more
than
12 years; or
| ||||||
| 22 | 3. The offense occurred during a period in which the | ||||||
| 23 | person's privileges
to
operate a snowmobile are revoked or | ||||||
| 24 | suspended, and the revocation or
suspension was for a | ||||||
| 25 | violation of this Section or was imposed under Section
| ||||||
| 26 | 5-7.1.
| ||||||
| |||||||
| |||||||
| 1 | (e) Every person convicted of violating this Section is | ||||||
| 2 | guilty
of a
Class 2 felony if the offense results in the death | ||||||
| 3 | of a person.
A person guilty of a Class 2 felony under this | ||||||
| 4 | subsection (e), if sentenced
to
a term of imprisonment, shall | ||||||
| 5 | be sentenced to a term of not less than 3 years
and not more | ||||||
| 6 | than 14 years.
| ||||||
| 7 | (e-1) Every person convicted of violating this Section or | ||||||
| 8 | a similar
provision of a local ordinance who had a child under | ||||||
| 9 | the age of 16 on board the
snowmobile at the time of offense | ||||||
| 10 | shall be subject to a mandatory minimum fine
of $500 and shall | ||||||
| 11 | be subject to a mandatory minimum of 5 days of community
| ||||||
| 12 | service in a program benefiting children. The assignment under | ||||||
| 13 | this subsection
shall not be subject to suspension nor shall | ||||||
| 14 | the person be eligible for
probation in order to reduce the | ||||||
| 15 | assignment.
| ||||||
| 16 | (e-2) Every person found guilty of violating this Section, | ||||||
| 17 | whose operation
of
a snowmobile while in violation of this | ||||||
| 18 | Section proximately caused any incident
resulting in an | ||||||
| 19 | appropriate emergency response, shall be liable for the | ||||||
| 20 | expense
of an emergency response as provided in subsection (i) | ||||||
| 21 | of Section 11-501.01 of the Illinois Vehicle Code.
| ||||||
| 22 | (e-3) In addition to any other penalties and liabilities, | ||||||
| 23 | a person who is
found guilty of violating this Section, | ||||||
| 24 | including any person placed on court
supervision, shall be | ||||||
| 25 | fined $100, payable to the circuit clerk, who shall
distribute | ||||||
| 26 | the money to the law enforcement agency that made the arrest or | ||||||
| |||||||
| |||||||
| 1 | as provided in subsection (c) of Section 10-5 of the Criminal | ||||||
| 2 | and Traffic Assessment Act if the arresting agency is a State | ||||||
| 3 | agency, unless more than one agency is responsible for the | ||||||
| 4 | arrest, in which case the amount shall be remitted to each unit | ||||||
| 5 | of government equally. Any moneys received by a law | ||||||
| 6 | enforcement agency under
this subsection (e-3) shall be used | ||||||
| 7 | to purchase law enforcement equipment or to
provide law | ||||||
| 8 | enforcement training that will assist in the prevention of | ||||||
| 9 | alcohol
related criminal violence throughout the State. Law | ||||||
| 10 | enforcement equipment shall
include, but is not limited to, | ||||||
| 11 | in-car video cameras, radar and laser speed
detection devices, | ||||||
| 12 | and alcohol breath testers.
| ||||||
| 13 | (f) In addition to any criminal penalties imposed, the
| ||||||
| 14 | Department of Natural Resources shall suspend the
snowmobile | ||||||
| 15 | operation privileges of
a person convicted or found guilty of | ||||||
| 16 | a misdemeanor under this
Section for a period of one
year, | ||||||
| 17 | except that first-time offenders are exempt from
this | ||||||
| 18 | mandatory one-year one year suspension.
| ||||||
| 19 | (g) In addition to any criminal penalties imposed, the | ||||||
| 20 | Department of Natural
Resources shall suspend for a period of | ||||||
| 21 | 5 years the snowmobile operation
privileges of any person | ||||||
| 22 | convicted or found guilty of a felony under this
Section.
| ||||||
| 23 | (Source: P.A. 101-652, eff. 1-1-23; 102-145, eff. 7-23-21; | ||||||
| 24 | revised 8-5-21.)
| ||||||
| 25 | Section 190. The Clerks of Courts Act is amended by | ||||||
| |||||||
| |||||||
| 1 | changing Section 27.3b as follows:
| ||||||
| 2 | (705 ILCS 105/27.3b) (from Ch. 25, par. 27.3b)
| ||||||
| 3 | (Text of Section after amendment by P.A. 102-356 but | ||||||
| 4 | before amendment by P.A. 101-652)
| ||||||
| 5 | Sec. 27.3b. The clerk of court may accept payment of | ||||||
| 6 | fines, penalties,
or costs
by certified check, credit card,
or | ||||||
| 7 | debit card
approved by the clerk from an offender who has been
| ||||||
| 8 | convicted of or placed on court supervision for a traffic
| ||||||
| 9 | offense, petty offense, ordinance offense, or misdemeanor or | ||||||
| 10 | who has been
convicted of a felony offense. The clerk of the | ||||||
| 11 | circuit court shall accept
credit card payments over the | ||||||
| 12 | Internet for fines, penalties, court costs, or costs from
| ||||||
| 13 | offenders on voluntary electronic pleas of guilty in minor | ||||||
| 14 | traffic and
conservation offenses to satisfy the requirement | ||||||
| 15 | of written pleas of guilty as
provided in Illinois Supreme | ||||||
| 16 | Court Rule 529. The clerk of the court may also
accept
payment | ||||||
| 17 | of statutory fees by a credit card or debit card.
The clerk of | ||||||
| 18 | the court may
also accept the credit card
or debit card
for the | ||||||
| 19 | cash deposit of bail bond fees.
| ||||||
| 20 | The clerk of the circuit court is authorized to enter into | ||||||
| 21 | contracts
with credit card
or debit card
companies approved by | ||||||
| 22 | the clerk and to negotiate the payment of convenience
and | ||||||
| 23 | administrative fees normally charged by those companies for | ||||||
| 24 | allowing the clerk of the circuit
court to accept their credit | ||||||
| 25 | cards
or debit cards
in payment as authorized herein. The | ||||||
| |||||||
| |||||||
| 1 | clerk of the circuit court is authorized
to enter into | ||||||
| 2 | contracts with third party fund guarantors, facilitators, and
| ||||||
| 3 | service providers under which those entities may contract | ||||||
| 4 | directly with
customers of
the clerk of the circuit court and | ||||||
| 5 | guarantee and remit the payments to the
clerk of the circuit | ||||||
| 6 | court. Where the
offender pays fines, penalties, or costs by | ||||||
| 7 | credit card or debit card or through a third party fund | ||||||
| 8 | guarantor, facilitator, or service
provider,
or anyone paying
| ||||||
| 9 | statutory fees of
the circuit court clerk or the posting of | ||||||
| 10 | cash bail, the clerk shall
collect a service fee of up to $5 or | ||||||
| 11 | the amount charged to the clerk for use of
its services by
the | ||||||
| 12 | credit card or debit card issuer, third party fund guarantor,
| ||||||
| 13 | facilitator, or service provider. This service fee shall be
in | ||||||
| 14 | addition to any other fines, penalties, or
costs. The clerk of | ||||||
| 15 | the circuit court is authorized to negotiate the
assessment of | ||||||
| 16 | convenience and administrative fees by the third party fund
| ||||||
| 17 | guarantors, facilitators, and service providers with the | ||||||
| 18 | revenue earned by the
clerk of the circuit court to be remitted
| ||||||
| 19 | to the
county general revenue fund.
| ||||||
| 20 | As used in this Section, "certified check" has the meaning
| ||||||
| 21 | provided in Section 3-409 of the Uniform Commercial Code. | ||||||
| 22 | (Source: P.A. 95-331, eff. 8-21-07; 102-356, eff. 1-1-22.)
| ||||||
| 23 | (Text of Section after amendment by P.A. 101-652)
| ||||||
| 24 | Sec. 27.3b. The clerk of court may accept payment of | ||||||
| 25 | fines, penalties,
or costs
by certified check, credit card,
or | ||||||
| |||||||
| |||||||
| 1 | debit card
approved by the clerk from an offender who has been
| ||||||
| 2 | convicted of or placed on court supervision for a traffic
| ||||||
| 3 | offense, petty offense, ordinance offense, or misdemeanor or | ||||||
| 4 | who has been
convicted of a felony offense. The clerk of the | ||||||
| 5 | circuit court shall accept
credit card payments over the | ||||||
| 6 | Internet for fines, penalties, court costs, or costs from
| ||||||
| 7 | offenders on voluntary electronic pleas of guilty in minor | ||||||
| 8 | traffic and
conservation offenses to satisfy the requirement | ||||||
| 9 | of written pleas of guilty as
provided in Illinois Supreme | ||||||
| 10 | Court Rule 529. The clerk of the court may also
accept
payment | ||||||
| 11 | of statutory fees by a credit card or debit card.
The clerk of | ||||||
| 12 | the court may
also accept the credit card
or debit card
for the | ||||||
| 13 | cash deposit of bail bond fees.
| ||||||
| 14 | The clerk of the circuit court is authorized to enter into | ||||||
| 15 | contracts
with credit card
or debit card
companies approved by | ||||||
| 16 | the clerk and to negotiate the payment of convenience
and | ||||||
| 17 | administrative fees normally charged by those companies for | ||||||
| 18 | allowing the clerk of the circuit
court to accept their credit | ||||||
| 19 | cards
or debit cards
in payment as authorized herein. The | ||||||
| 20 | clerk of the circuit court is authorized
to enter into | ||||||
| 21 | contracts with third party fund guarantors, facilitators, and
| ||||||
| 22 | service providers under which those entities may contract | ||||||
| 23 | directly with
customers of
the clerk of the circuit court and | ||||||
| 24 | guarantee and remit the payments to the
clerk of the circuit | ||||||
| 25 | court. Where the
offender pays fines, penalties, or costs by | ||||||
| 26 | credit card or debit card or through a third party fund | ||||||
| |||||||
| |||||||
| 1 | guarantor, facilitator, or service
provider,
or anyone paying
| ||||||
| 2 | statutory fees of
the circuit court clerk or the posting of | ||||||
| 3 | cash bail, the clerk shall
collect a service fee of up to $5 or | ||||||
| 4 | the amount charged to the clerk for use of
its services by
the | ||||||
| 5 | credit card or debit card issuer, third party fund guarantor,
| ||||||
| 6 | facilitator, or service provider. This service fee shall be
in | ||||||
| 7 | addition to any other fines, penalties, or
costs. The clerk of | ||||||
| 8 | the circuit court is authorized to negotiate the
assessment of | ||||||
| 9 | convenience and administrative fees by the third party fund
| ||||||
| 10 | guarantors, facilitators, and service providers with the | ||||||
| 11 | revenue earned by the
clerk of the circuit court to be remitted
| ||||||
| 12 | to the
county general revenue fund.
| ||||||
| 13 | As used in this Section, "certified check" has the meaning
| ||||||
| 14 | provided in Section 3-409 of the Uniform Commercial Code. | ||||||
| 15 | (Source: P.A. 101-652, eff. 1-1-23; 102-356, eff. 1-1-22.)
| ||||||
| 16 | Section 195. The Attorney Act is amended by changing | ||||||
| 17 | Section 9 as follows:
| ||||||
| 18 | (705 ILCS 205/9) (from Ch. 13, par. 9)
| ||||||
| 19 | Sec. 9.
All attorneys and counselors at law, judges, | ||||||
| 20 | clerks and sheriffs,
and all other officers of the several | ||||||
| 21 | courts within this state, shall be
liable to be arrested and | ||||||
| 22 | held to terms of pretrial release bail, and shall be subject to | ||||||
| 23 | the same
legal process, and may in all respects be prosecuted | ||||||
| 24 | and proceeded against
in the same courts and in the same manner | ||||||
| |||||||
| |||||||
| 1 | as other persons are, any law,
usage or custom to the contrary | ||||||
| 2 | notwithstanding: Provided, nevertheless,
said judges, | ||||||
| 3 | counselors or attorneys, clerks, sheriffs and other officers
| ||||||
| 4 | of said courts, shall be privileged from arrest while | ||||||
| 5 | attending courts, and
whilst going to and returning from | ||||||
| 6 | court.
| ||||||
| 7 | (Source: R.S. 1874, p. 169; 101-652.)
| ||||||
| 8 | Section 200. The Juvenile Court Act of 1987 is amended by | ||||||
| 9 | changing Sections 1-7, 1-8, and 5-150 as follows:
| ||||||
| 10 | (705 ILCS 405/1-7)
| ||||||
| 11 | (Text of Section before amendment by P.A. 101-652) | ||||||
| 12 | Sec. 1-7. Confidentiality of juvenile law enforcement and | ||||||
| 13 | municipal ordinance violation records.
| ||||||
| 14 | (A) All juvenile law enforcement records which have not | ||||||
| 15 | been expunged are confidential and may never be disclosed to | ||||||
| 16 | the general public or otherwise made widely available. | ||||||
| 17 | Juvenile law enforcement records may be obtained only under | ||||||
| 18 | this Section and Section 1-8 and Part 9 of Article V of this | ||||||
| 19 | Act, when their use is needed for good cause and with an order | ||||||
| 20 | from the juvenile court, as required by those not authorized | ||||||
| 21 | to retain them. Inspection, copying, and disclosure of | ||||||
| 22 | juvenile law enforcement records maintained by law
enforcement | ||||||
| 23 | agencies or records of municipal ordinance violations | ||||||
| 24 | maintained by any State, local, or municipal agency that | ||||||
| |||||||
| |||||||
| 1 | relate to a minor who has been investigated, arrested, or | ||||||
| 2 | taken
into custody before his or her 18th birthday shall be | ||||||
| 3 | restricted to the
following:
| ||||||
| 4 | (0.05) The minor who is the subject of the juvenile | ||||||
| 5 | law enforcement record, his or her parents, guardian, and | ||||||
| 6 | counsel. | ||||||
| 7 | (0.10) Judges of the circuit court and members of the | ||||||
| 8 | staff of the court designated by the judge. | ||||||
| 9 | (0.15) An administrative adjudication hearing officer | ||||||
| 10 | or members of the staff designated to assist in the | ||||||
| 11 | administrative adjudication process. | ||||||
| 12 | (1) Any local, State, or federal law enforcement | ||||||
| 13 | officers or designated law enforcement staff of any
| ||||||
| 14 | jurisdiction or agency when necessary for the discharge of | ||||||
| 15 | their official
duties during the investigation or | ||||||
| 16 | prosecution of a crime or relating to a
minor who has been | ||||||
| 17 | adjudicated delinquent and there has been a previous | ||||||
| 18 | finding
that the act which constitutes the previous | ||||||
| 19 | offense was committed in
furtherance of criminal | ||||||
| 20 | activities by a criminal street gang, or, when necessary | ||||||
| 21 | for the discharge of its official duties in connection | ||||||
| 22 | with a particular investigation of the conduct of a law | ||||||
| 23 | enforcement officer, an independent agency or its staff | ||||||
| 24 | created by ordinance and charged by a unit of local | ||||||
| 25 | government with the duty of investigating the conduct of | ||||||
| 26 | law enforcement officers. For purposes of
this Section, | ||||||
| |||||||
| |||||||
| 1 | "criminal street gang" has the meaning ascribed to it in
| ||||||
| 2 | Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
| 3 | Prevention Act.
| ||||||
| 4 | (2) Prosecutors, public defenders, probation officers, | ||||||
| 5 | social workers, or other
individuals assigned by the court | ||||||
| 6 | to conduct a pre-adjudication or
pre-disposition | ||||||
| 7 | investigation, and individuals responsible for supervising
| ||||||
| 8 | or providing temporary or permanent care and custody for | ||||||
| 9 | minors under
the order of the juvenile court, when | ||||||
| 10 | essential to performing their
responsibilities.
| ||||||
| 11 | (3) Federal, State, or local prosecutors, public | ||||||
| 12 | defenders, probation officers, and designated staff:
| ||||||
| 13 | (a) in the course of a trial when institution of | ||||||
| 14 | criminal proceedings
has been permitted or required | ||||||
| 15 | under Section 5-805;
| ||||||
| 16 | (b) when institution of criminal proceedings has | ||||||
| 17 | been permitted or required under Section 5-805 and the | ||||||
| 18 | minor is the
subject
of a proceeding to determine the | ||||||
| 19 | amount of bail;
| ||||||
| 20 | (c) when criminal proceedings have been permitted
| ||||||
| 21 | or
required under Section 5-805 and the minor is the | ||||||
| 22 | subject of a
pre-trial
investigation, pre-sentence | ||||||
| 23 | investigation, fitness hearing, or proceedings
on an | ||||||
| 24 | application for probation; or
| ||||||
| 25 | (d) in the course of prosecution or administrative | ||||||
| 26 | adjudication of a violation of a traffic, boating, or | ||||||
| |||||||
| |||||||
| 1 | fish and game law, or a county or municipal ordinance. | ||||||
| 2 | (4) Adult and Juvenile Prisoner Review Board.
| ||||||
| 3 | (5) Authorized military personnel.
| ||||||
| 4 | (5.5) Employees of the federal government authorized | ||||||
| 5 | by law. | ||||||
| 6 | (6) Persons engaged in bona fide research, with the | ||||||
| 7 | permission of the
Presiding Judge and the chief executive | ||||||
| 8 | of the respective
law enforcement agency; provided that | ||||||
| 9 | publication of such research results
in no disclosure of a | ||||||
| 10 | minor's identity and protects the confidentiality
of the | ||||||
| 11 | minor's record.
| ||||||
| 12 | (7) Department of Children and Family Services child | ||||||
| 13 | protection
investigators acting in their official | ||||||
| 14 | capacity.
| ||||||
| 15 | (8) The appropriate school official only if the agency | ||||||
| 16 | or officer believes that there is an imminent threat of | ||||||
| 17 | physical harm to students, school personnel, or others who | ||||||
| 18 | are present in the school or on school grounds. | ||||||
| 19 | (A) Inspection and copying
shall be limited to | ||||||
| 20 | juvenile law enforcement records transmitted to the | ||||||
| 21 | appropriate
school official or officials whom the | ||||||
| 22 | school has determined to have a legitimate educational | ||||||
| 23 | or safety interest by a local law enforcement agency | ||||||
| 24 | under a reciprocal reporting
system established and | ||||||
| 25 | maintained between the school district and the local | ||||||
| 26 | law
enforcement agency under Section 10-20.14 of the | ||||||
| |||||||
| |||||||
| 1 | School Code concerning a minor
enrolled in a school | ||||||
| 2 | within the school district who has been arrested or | ||||||
| 3 | taken
into custody for any of the following offenses:
| ||||||
| 4 | (i) any violation of Article 24 of the | ||||||
| 5 | Criminal Code of
1961 or the Criminal Code of | ||||||
| 6 | 2012;
| ||||||
| 7 | (ii) a violation of the Illinois Controlled | ||||||
| 8 | Substances Act;
| ||||||
| 9 | (iii) a violation of the Cannabis Control Act;
| ||||||
| 10 | (iv) a forcible felony as defined in Section | ||||||
| 11 | 2-8 of the Criminal Code
of 1961 or the Criminal | ||||||
| 12 | Code of 2012; | ||||||
| 13 | (v) a violation of the Methamphetamine Control | ||||||
| 14 | and Community Protection Act;
| ||||||
| 15 | (vi) a violation of Section 1-2 of the | ||||||
| 16 | Harassing and Obscene Communications Act; | ||||||
| 17 | (vii) a violation of the Hazing Act; or | ||||||
| 18 | (viii) a violation of Section 12-1, 12-2, | ||||||
| 19 | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | ||||||
| 20 | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | ||||||
| 21 | Criminal Code of 1961 or the Criminal Code of | ||||||
| 22 | 2012. | ||||||
| 23 | The information derived from the juvenile law | ||||||
| 24 | enforcement records shall be kept separate from and | ||||||
| 25 | shall not become a part of the official school record | ||||||
| 26 | of that child and shall not be a public record. The | ||||||
| |||||||
| |||||||
| 1 | information shall be used solely by the appropriate | ||||||
| 2 | school official or officials whom the school has | ||||||
| 3 | determined to have a legitimate educational or safety | ||||||
| 4 | interest to aid in the proper rehabilitation of the | ||||||
| 5 | child and to protect the safety of students and | ||||||
| 6 | employees in the school. If the designated law | ||||||
| 7 | enforcement and school officials deem it to be in the | ||||||
| 8 | best interest of the minor, the student may be | ||||||
| 9 | referred to in-school or community-based social | ||||||
| 10 | services if those services are available. | ||||||
| 11 | "Rehabilitation services" may include interventions by | ||||||
| 12 | school support personnel, evaluation for eligibility | ||||||
| 13 | for special education, referrals to community-based | ||||||
| 14 | agencies such as youth services, behavioral healthcare | ||||||
| 15 | service providers, drug and alcohol prevention or | ||||||
| 16 | treatment programs, and other interventions as deemed | ||||||
| 17 | appropriate for the student. | ||||||
| 18 | (B) Any information provided to appropriate school | ||||||
| 19 | officials whom the school has determined to have a | ||||||
| 20 | legitimate educational or safety interest by local law | ||||||
| 21 | enforcement officials about a minor who is the subject | ||||||
| 22 | of a current police investigation that is directly | ||||||
| 23 | related to school safety shall consist of oral | ||||||
| 24 | information only, and not written juvenile law | ||||||
| 25 | enforcement records, and shall be used solely by the | ||||||
| 26 | appropriate school official or officials to protect | ||||||
| |||||||
| |||||||
| 1 | the safety of students and employees in the school and | ||||||
| 2 | aid in the proper rehabilitation of the child. The | ||||||
| 3 | information derived orally from the local law | ||||||
| 4 | enforcement officials shall be kept separate from and | ||||||
| 5 | shall not become a part of the official school record | ||||||
| 6 | of the child and shall not be a public record. This | ||||||
| 7 | limitation on the use of information about a minor who | ||||||
| 8 | is the subject of a current police investigation shall | ||||||
| 9 | in no way limit the use of this information by | ||||||
| 10 | prosecutors in pursuing criminal charges arising out | ||||||
| 11 | of the information disclosed during a police | ||||||
| 12 | investigation of the minor. For purposes of this | ||||||
| 13 | paragraph, "investigation" means an official | ||||||
| 14 | systematic inquiry by a law enforcement agency into | ||||||
| 15 | actual or suspected criminal activity. | ||||||
| 16 | (9) Mental health professionals on behalf of the | ||||||
| 17 | Department of
Corrections or the Department of Human | ||||||
| 18 | Services or prosecutors who are
evaluating, prosecuting, | ||||||
| 19 | or investigating a potential or actual petition
brought
| ||||||
| 20 | under the Sexually Violent Persons Commitment Act relating | ||||||
| 21 | to a person who is
the
subject of juvenile law enforcement | ||||||
| 22 | records or the respondent to a petition
brought under the | ||||||
| 23 | Sexually Violent Persons Commitment Act who is the subject | ||||||
| 24 | of
the
juvenile law enforcement records sought.
Any | ||||||
| 25 | juvenile law enforcement records and any information | ||||||
| 26 | obtained from those juvenile law enforcement records under | ||||||
| |||||||
| |||||||
| 1 | this
paragraph (9) may be used only in sexually violent | ||||||
| 2 | persons commitment
proceedings.
| ||||||
| 3 | (10) The president of a park district. Inspection and | ||||||
| 4 | copying shall be limited to juvenile law enforcement | ||||||
| 5 | records transmitted to the president of the park district | ||||||
| 6 | by the Illinois State Police under Section 8-23 of the | ||||||
| 7 | Park District Code or Section 16a-5 of the Chicago Park | ||||||
| 8 | District Act concerning a person who is seeking employment | ||||||
| 9 | with that park district and who has been adjudicated a | ||||||
| 10 | juvenile delinquent for any of the offenses listed in | ||||||
| 11 | subsection (c) of Section 8-23 of the Park District Code | ||||||
| 12 | or subsection (c) of Section 16a-5 of the Chicago Park | ||||||
| 13 | District Act. | ||||||
| 14 | (11) Persons managing and designated to participate in | ||||||
| 15 | a court diversion program as designated in subsection (6) | ||||||
| 16 | of Section 5-105. | ||||||
| 17 | (12) The Public Access Counselor of the Office of the | ||||||
| 18 | Attorney General, when reviewing juvenile law enforcement | ||||||
| 19 | records under its powers and duties under the Freedom of | ||||||
| 20 | Information Act. | ||||||
| 21 | (13) Collection agencies, contracted or otherwise | ||||||
| 22 | engaged by a governmental entity, to collect any debts due | ||||||
| 23 | and owing to the governmental entity. | ||||||
| 24 | (B)(1) Except as provided in paragraph (2), no law | ||||||
| 25 | enforcement
officer or other person or agency may knowingly | ||||||
| 26 | transmit to the Department of
Corrections, the Illinois State | ||||||
| |||||||
| |||||||
| 1 | Police, or the Federal
Bureau of Investigation any fingerprint | ||||||
| 2 | or photograph relating to a minor who
has been arrested or | ||||||
| 3 | taken into custody before his or her 18th birthday,
unless the | ||||||
| 4 | court in proceedings under this Act authorizes the | ||||||
| 5 | transmission or
enters an order under Section 5-805 permitting | ||||||
| 6 | or requiring the
institution of
criminal proceedings.
| ||||||
| 7 | (2) Law enforcement officers or other persons or agencies | ||||||
| 8 | shall transmit
to the Illinois State Police copies of | ||||||
| 9 | fingerprints and descriptions
of all minors who have been | ||||||
| 10 | arrested or taken into custody before their
18th birthday for | ||||||
| 11 | the offense of unlawful use of weapons under Article 24 of
the | ||||||
| 12 | Criminal Code of 1961 or the Criminal Code of 2012, a Class X | ||||||
| 13 | or Class 1 felony, a forcible felony as
defined in Section 2-8 | ||||||
| 14 | of the Criminal Code of 1961 or the Criminal Code of 2012, or a | ||||||
| 15 | Class 2 or greater
felony under the Cannabis Control Act, the | ||||||
| 16 | Illinois Controlled Substances Act, the Methamphetamine | ||||||
| 17 | Control and Community Protection Act,
or Chapter 4 of the | ||||||
| 18 | Illinois Vehicle Code, pursuant to Section 5 of the
Criminal | ||||||
| 19 | Identification Act. Information reported to the Department | ||||||
| 20 | pursuant
to this Section may be maintained with records that | ||||||
| 21 | the Department files
pursuant to Section 2.1 of the Criminal | ||||||
| 22 | Identification Act. Nothing in this
Act prohibits a law | ||||||
| 23 | enforcement agency from fingerprinting a minor taken into
| ||||||
| 24 | custody or arrested before his or her 18th birthday for an | ||||||
| 25 | offense other than
those listed in this paragraph (2).
| ||||||
| 26 | (C) The records of law enforcement officers, or of an | ||||||
| |||||||
| |||||||
| 1 | independent agency created by ordinance and charged by a unit | ||||||
| 2 | of local government with the duty of investigating the conduct | ||||||
| 3 | of law enforcement officers, concerning all minors under
18 | ||||||
| 4 | years of age must be maintained separate from the records of | ||||||
| 5 | arrests and
may not be open to public inspection or their | ||||||
| 6 | contents disclosed to the
public. For purposes of obtaining | ||||||
| 7 | documents under this Section, a civil subpoena is not an order | ||||||
| 8 | of the court. | ||||||
| 9 | (1) In cases where the law enforcement, or independent | ||||||
| 10 | agency, records concern a pending juvenile court case, the | ||||||
| 11 | party seeking to inspect the records shall provide actual | ||||||
| 12 | notice to the attorney or guardian ad litem of the minor | ||||||
| 13 | whose records are sought. | ||||||
| 14 | (2) In cases where the records concern a juvenile | ||||||
| 15 | court case that is no longer pending, the party seeking to | ||||||
| 16 | inspect the records shall provide actual notice to the | ||||||
| 17 | minor or the minor's parent or legal guardian, and the | ||||||
| 18 | matter shall be referred to the chief judge presiding over | ||||||
| 19 | matters pursuant to this Act. | ||||||
| 20 | (3) In determining whether the records should be | ||||||
| 21 | available for inspection, the court shall consider the | ||||||
| 22 | minor's interest in confidentiality and rehabilitation | ||||||
| 23 | over the moving party's interest in obtaining the | ||||||
| 24 | information. Any records obtained in violation of this | ||||||
| 25 | subsection (C) shall not be admissible in any criminal or | ||||||
| 26 | civil proceeding, or operate to disqualify a minor from | ||||||
| |||||||
| |||||||
| 1 | subsequently holding public office or securing employment, | ||||||
| 2 | or operate as a forfeiture of any public benefit, right, | ||||||
| 3 | privilege, or right to receive any license granted by | ||||||
| 4 | public authority.
| ||||||
| 5 | (D) Nothing contained in subsection (C) of this Section | ||||||
| 6 | shall prohibit
the inspection or disclosure to victims and | ||||||
| 7 | witnesses of photographs
contained in the records of law | ||||||
| 8 | enforcement agencies when the
inspection and disclosure is | ||||||
| 9 | conducted in the presence of a law enforcement
officer for the | ||||||
| 10 | purpose of the identification or apprehension of any person
| ||||||
| 11 | subject to the provisions of this Act or for the investigation | ||||||
| 12 | or
prosecution of any crime.
| ||||||
| 13 | (E) Law enforcement officers, and personnel of an | ||||||
| 14 | independent agency created by ordinance and charged by a unit | ||||||
| 15 | of local government with the duty of investigating the conduct | ||||||
| 16 | of law enforcement officers, may not disclose the identity of | ||||||
| 17 | any minor
in releasing information to the general public as to | ||||||
| 18 | the arrest, investigation
or disposition of any case involving | ||||||
| 19 | a minor.
| ||||||
| 20 | (F) Nothing contained in this Section shall prohibit law | ||||||
| 21 | enforcement
agencies from communicating with each other by | ||||||
| 22 | letter, memorandum, teletype, or
intelligence alert bulletin | ||||||
| 23 | or other means the identity or other relevant
information | ||||||
| 24 | pertaining to a person under 18 years of age if there are
| ||||||
| 25 | reasonable grounds to believe that the person poses a real and | ||||||
| 26 | present danger
to the safety of the public or law enforcement | ||||||
| |||||||
| |||||||
| 1 | officers. The information
provided under this subsection (F) | ||||||
| 2 | shall remain confidential and shall not
be publicly disclosed, | ||||||
| 3 | except as otherwise allowed by law.
| ||||||
| 4 | (G) Nothing in this Section shall prohibit the right of a | ||||||
| 5 | Civil Service
Commission or appointing authority of any | ||||||
| 6 | federal government, state, county or municipality
examining | ||||||
| 7 | the character and fitness of an applicant for employment with | ||||||
| 8 | a law
enforcement agency, correctional institution, or fire | ||||||
| 9 | department
from obtaining and examining the
records of any law | ||||||
| 10 | enforcement agency relating to any record of the applicant
| ||||||
| 11 | having been arrested or taken into custody before the | ||||||
| 12 | applicant's 18th
birthday.
| ||||||
| 13 | (G-5) Information identifying victims and alleged victims | ||||||
| 14 | of sex offenses shall not be disclosed or open to the public | ||||||
| 15 | under any circumstances. Nothing in this Section shall | ||||||
| 16 | prohibit the victim or alleged victim of any sex offense from | ||||||
| 17 | voluntarily disclosing his or her own identity. | ||||||
| 18 | (H) The changes made to this Section by Public Act 98-61 | ||||||
| 19 | apply to law enforcement records of a minor who has been | ||||||
| 20 | arrested or taken into custody on or after January 1, 2014 (the | ||||||
| 21 | effective date of Public Act 98-61). | ||||||
| 22 | (H-5) Nothing in this Section shall require any court or | ||||||
| 23 | adjudicative proceeding for traffic, boating, fish and game | ||||||
| 24 | law, or municipal and county ordinance violations to be closed | ||||||
| 25 | to the public. | ||||||
| 26 | (I) Willful violation of this Section is a Class C | ||||||
| |||||||
| |||||||
| 1 | misdemeanor and each violation is subject to a fine of $1,000. | ||||||
| 2 | This subsection (I) shall not apply to the person who is the | ||||||
| 3 | subject of the record. | ||||||
| 4 | (J) A person convicted of violating this Section is liable | ||||||
| 5 | for damages in the amount of $1,000 or actual damages, | ||||||
| 6 | whichever is greater. | ||||||
| 7 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
| 8 | (Text of Section after amendment by P.A. 101-652)
| ||||||
| 9 | Sec. 1-7. Confidentiality of juvenile law enforcement and | ||||||
| 10 | municipal ordinance violation records.
| ||||||
| 11 | (A) All juvenile law enforcement records which have not | ||||||
| 12 | been expunged are confidential and may never be disclosed to | ||||||
| 13 | the general public or otherwise made widely available. | ||||||
| 14 | Juvenile law enforcement records may be obtained only under | ||||||
| 15 | this Section and Section 1-8 and Part 9 of Article V of this | ||||||
| 16 | Act, when their use is needed for good cause and with an order | ||||||
| 17 | from the juvenile court, as required by those not authorized | ||||||
| 18 | to retain them. Inspection, copying, and disclosure of | ||||||
| 19 | juvenile law enforcement records maintained by law
enforcement | ||||||
| 20 | agencies or records of municipal ordinance violations | ||||||
| 21 | maintained by any State, local, or municipal agency that | ||||||
| 22 | relate to a minor who has been investigated, arrested, or | ||||||
| 23 | taken
into custody before his or her 18th birthday shall be | ||||||
| 24 | restricted to the
following:
| ||||||
| 25 | (0.05) The minor who is the subject of the juvenile | ||||||
| |||||||
| |||||||
| 1 | law enforcement record, his or her parents, guardian, and | ||||||
| 2 | counsel. | ||||||
| 3 | (0.10) Judges of the circuit court and members of the | ||||||
| 4 | staff of the court designated by the judge. | ||||||
| 5 | (0.15) An administrative adjudication hearing officer | ||||||
| 6 | or members of the staff designated to assist in the | ||||||
| 7 | administrative adjudication process. | ||||||
| 8 | (1) Any local, State, or federal law enforcement | ||||||
| 9 | officers or designated law enforcement staff of any
| ||||||
| 10 | jurisdiction or agency when necessary for the discharge of | ||||||
| 11 | their official
duties during the investigation or | ||||||
| 12 | prosecution of a crime or relating to a
minor who has been | ||||||
| 13 | adjudicated delinquent and there has been a previous | ||||||
| 14 | finding
that the act which constitutes the previous | ||||||
| 15 | offense was committed in
furtherance of criminal | ||||||
| 16 | activities by a criminal street gang, or, when necessary | ||||||
| 17 | for the discharge of its official duties in connection | ||||||
| 18 | with a particular investigation of the conduct of a law | ||||||
| 19 | enforcement officer, an independent agency or its staff | ||||||
| 20 | created by ordinance and charged by a unit of local | ||||||
| 21 | government with the duty of investigating the conduct of | ||||||
| 22 | law enforcement officers. For purposes of
this Section, | ||||||
| 23 | "criminal street gang" has the meaning ascribed to it in
| ||||||
| 24 | Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
| 25 | Prevention Act.
| ||||||
| 26 | (2) Prosecutors, public defenders, probation officers, | ||||||
| |||||||
| |||||||
| 1 | social workers, or other
individuals assigned by the court | ||||||
| 2 | to conduct a pre-adjudication or
pre-disposition | ||||||
| 3 | investigation, and individuals responsible for supervising
| ||||||
| 4 | or providing temporary or permanent care and custody for | ||||||
| 5 | minors under
the order of the juvenile court, when | ||||||
| 6 | essential to performing their
responsibilities.
| ||||||
| 7 | (3) Federal, State, or local prosecutors, public | ||||||
| 8 | defenders, probation officers, and designated staff:
| ||||||
| 9 | (a) in the course of a trial when institution of | ||||||
| 10 | criminal proceedings
has been permitted or required | ||||||
| 11 | under Section 5-805;
| ||||||
| 12 | (b) when institution of criminal proceedings has | ||||||
| 13 | been permitted or required under Section 5-805 and the | ||||||
| 14 | minor is the
subject
of a proceeding to determine the | ||||||
| 15 | conditions of pretrial release amount of bail;
| ||||||
| 16 | (c) when criminal proceedings have been permitted
| ||||||
| 17 | or
required under Section 5-805 and the minor is the | ||||||
| 18 | subject of a
pre-trial
investigation, pre-sentence | ||||||
| 19 | investigation, fitness hearing, or proceedings
on an | ||||||
| 20 | application for probation; or
| ||||||
| 21 | (d) in the course of prosecution or administrative | ||||||
| 22 | adjudication of a violation of a traffic, boating, or | ||||||
| 23 | fish and game law, or a county or municipal ordinance. | ||||||
| 24 | (4) Adult and Juvenile Prisoner Review Board.
| ||||||
| 25 | (5) Authorized military personnel.
| ||||||
| 26 | (5.5) Employees of the federal government authorized | ||||||
| |||||||
| |||||||
| 1 | by law. | ||||||
| 2 | (6) Persons engaged in bona fide research, with the | ||||||
| 3 | permission of the
Presiding Judge and the chief executive | ||||||
| 4 | of the respective
law enforcement agency; provided that | ||||||
| 5 | publication of such research results
in no disclosure of a | ||||||
| 6 | minor's identity and protects the confidentiality
of the | ||||||
| 7 | minor's record.
| ||||||
| 8 | (7) Department of Children and Family Services child | ||||||
| 9 | protection
investigators acting in their official | ||||||
| 10 | capacity.
| ||||||
| 11 | (8) The appropriate school official only if the agency | ||||||
| 12 | or officer believes that there is an imminent threat of | ||||||
| 13 | physical harm to students, school personnel, or others who | ||||||
| 14 | are present in the school or on school grounds. | ||||||
| 15 | (A) Inspection and copying
shall be limited to | ||||||
| 16 | juvenile law enforcement records transmitted to the | ||||||
| 17 | appropriate
school official or officials whom the | ||||||
| 18 | school has determined to have a legitimate educational | ||||||
| 19 | or safety interest by a local law enforcement agency | ||||||
| 20 | under a reciprocal reporting
system established and | ||||||
| 21 | maintained between the school district and the local | ||||||
| 22 | law
enforcement agency under Section 10-20.14 of the | ||||||
| 23 | School Code concerning a minor
enrolled in a school | ||||||
| 24 | within the school district who has been arrested or | ||||||
| 25 | taken
into custody for any of the following offenses:
| ||||||
| 26 | (i) any violation of Article 24 of the | ||||||
| |||||||
| |||||||
| 1 | Criminal Code of
1961 or the Criminal Code of | ||||||
| 2 | 2012;
| ||||||
| 3 | (ii) a violation of the Illinois Controlled | ||||||
| 4 | Substances Act;
| ||||||
| 5 | (iii) a violation of the Cannabis Control Act;
| ||||||
| 6 | (iv) a forcible felony as defined in Section | ||||||
| 7 | 2-8 of the Criminal Code
of 1961 or the Criminal | ||||||
| 8 | Code of 2012; | ||||||
| 9 | (v) a violation of the Methamphetamine Control | ||||||
| 10 | and Community Protection Act;
| ||||||
| 11 | (vi) a violation of Section 1-2 of the | ||||||
| 12 | Harassing and Obscene Communications Act; | ||||||
| 13 | (vii) a violation of the Hazing Act; or | ||||||
| 14 | (viii) a violation of Section 12-1, 12-2, | ||||||
| 15 | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | ||||||
| 16 | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | ||||||
| 17 | Criminal Code of 1961 or the Criminal Code of | ||||||
| 18 | 2012. | ||||||
| 19 | The information derived from the juvenile law | ||||||
| 20 | enforcement records shall be kept separate from and | ||||||
| 21 | shall not become a part of the official school record | ||||||
| 22 | of that child and shall not be a public record. The | ||||||
| 23 | information shall be used solely by the appropriate | ||||||
| 24 | school official or officials whom the school has | ||||||
| 25 | determined to have a legitimate educational or safety | ||||||
| 26 | interest to aid in the proper rehabilitation of the | ||||||
| |||||||
| |||||||
| 1 | child and to protect the safety of students and | ||||||
| 2 | employees in the school. If the designated law | ||||||
| 3 | enforcement and school officials deem it to be in the | ||||||
| 4 | best interest of the minor, the student may be | ||||||
| 5 | referred to in-school or community-based social | ||||||
| 6 | services if those services are available. | ||||||
| 7 | "Rehabilitation services" may include interventions by | ||||||
| 8 | school support personnel, evaluation for eligibility | ||||||
| 9 | for special education, referrals to community-based | ||||||
| 10 | agencies such as youth services, behavioral healthcare | ||||||
| 11 | service providers, drug and alcohol prevention or | ||||||
| 12 | treatment programs, and other interventions as deemed | ||||||
| 13 | appropriate for the student. | ||||||
| 14 | (B) Any information provided to appropriate school | ||||||
| 15 | officials whom the school has determined to have a | ||||||
| 16 | legitimate educational or safety interest by local law | ||||||
| 17 | enforcement officials about a minor who is the subject | ||||||
| 18 | of a current police investigation that is directly | ||||||
| 19 | related to school safety shall consist of oral | ||||||
| 20 | information only, and not written juvenile law | ||||||
| 21 | enforcement records, and shall be used solely by the | ||||||
| 22 | appropriate school official or officials to protect | ||||||
| 23 | the safety of students and employees in the school and | ||||||
| 24 | aid in the proper rehabilitation of the child. The | ||||||
| 25 | information derived orally from the local law | ||||||
| 26 | enforcement officials shall be kept separate from and | ||||||
| |||||||
| |||||||
| 1 | shall not become a part of the official school record | ||||||
| 2 | of the child and shall not be a public record. This | ||||||
| 3 | limitation on the use of information about a minor who | ||||||
| 4 | is the subject of a current police investigation shall | ||||||
| 5 | in no way limit the use of this information by | ||||||
| 6 | prosecutors in pursuing criminal charges arising out | ||||||
| 7 | of the information disclosed during a police | ||||||
| 8 | investigation of the minor. For purposes of this | ||||||
| 9 | paragraph, "investigation" means an official | ||||||
| 10 | systematic inquiry by a law enforcement agency into | ||||||
| 11 | actual or suspected criminal activity. | ||||||
| 12 | (9) Mental health professionals on behalf of the | ||||||
| 13 | Department of
Corrections or the Department of Human | ||||||
| 14 | Services or prosecutors who are
evaluating, prosecuting, | ||||||
| 15 | or investigating a potential or actual petition
brought
| ||||||
| 16 | under the Sexually Violent Persons Commitment Act relating | ||||||
| 17 | to a person who is
the
subject of juvenile law enforcement | ||||||
| 18 | records or the respondent to a petition
brought under the | ||||||
| 19 | Sexually Violent Persons Commitment Act who is the subject | ||||||
| 20 | of
the
juvenile law enforcement records sought.
Any | ||||||
| 21 | juvenile law enforcement records and any information | ||||||
| 22 | obtained from those juvenile law enforcement records under | ||||||
| 23 | this
paragraph (9) may be used only in sexually violent | ||||||
| 24 | persons commitment
proceedings.
| ||||||
| 25 | (10) The president of a park district. Inspection and | ||||||
| 26 | copying shall be limited to juvenile law enforcement | ||||||
| |||||||
| |||||||
| 1 | records transmitted to the president of the park district | ||||||
| 2 | by the Illinois State Police under Section 8-23 of the | ||||||
| 3 | Park District Code or Section 16a-5 of the Chicago Park | ||||||
| 4 | District Act concerning a person who is seeking employment | ||||||
| 5 | with that park district and who has been adjudicated a | ||||||
| 6 | juvenile delinquent for any of the offenses listed in | ||||||
| 7 | subsection (c) of Section 8-23 of the Park District Code | ||||||
| 8 | or subsection (c) of Section 16a-5 of the Chicago Park | ||||||
| 9 | District Act. | ||||||
| 10 | (11) Persons managing and designated to participate in | ||||||
| 11 | a court diversion program as designated in subsection (6) | ||||||
| 12 | of Section 5-105. | ||||||
| 13 | (12) The Public Access Counselor of the Office of the | ||||||
| 14 | Attorney General, when reviewing juvenile law enforcement | ||||||
| 15 | records under its powers and duties under the Freedom of | ||||||
| 16 | Information Act. | ||||||
| 17 | (13) Collection agencies, contracted or otherwise | ||||||
| 18 | engaged by a governmental entity, to collect any debts due | ||||||
| 19 | and owing to the governmental entity. | ||||||
| 20 | (B)(1) Except as provided in paragraph (2), no law | ||||||
| 21 | enforcement
officer or other person or agency may knowingly | ||||||
| 22 | transmit to the Department of
Corrections, the Illinois State | ||||||
| 23 | Police, or the Federal
Bureau of Investigation any fingerprint | ||||||
| 24 | or photograph relating to a minor who
has been arrested or | ||||||
| 25 | taken into custody before his or her 18th birthday,
unless the | ||||||
| 26 | court in proceedings under this Act authorizes the | ||||||
| |||||||
| |||||||
| 1 | transmission or
enters an order under Section 5-805 permitting | ||||||
| 2 | or requiring the
institution of
criminal proceedings.
| ||||||
| 3 | (2) Law enforcement officers or other persons or agencies | ||||||
| 4 | shall transmit
to the Illinois State Police copies of | ||||||
| 5 | fingerprints and descriptions
of all minors who have been | ||||||
| 6 | arrested or taken into custody before their
18th birthday for | ||||||
| 7 | the offense of unlawful use of weapons under Article 24 of
the | ||||||
| 8 | Criminal Code of 1961 or the Criminal Code of 2012, a Class X | ||||||
| 9 | or Class 1 felony, a forcible felony as
defined in Section 2-8 | ||||||
| 10 | of the Criminal Code of 1961 or the Criminal Code of 2012, or a | ||||||
| 11 | Class 2 or greater
felony under the Cannabis Control Act, the | ||||||
| 12 | Illinois Controlled Substances Act, the Methamphetamine | ||||||
| 13 | Control and Community Protection Act,
or Chapter 4 of the | ||||||
| 14 | Illinois Vehicle Code, pursuant to Section 5 of the
Criminal | ||||||
| 15 | Identification Act. Information reported to the Department | ||||||
| 16 | pursuant
to this Section may be maintained with records that | ||||||
| 17 | the Department files
pursuant to Section 2.1 of the Criminal | ||||||
| 18 | Identification Act. Nothing in this
Act prohibits a law | ||||||
| 19 | enforcement agency from fingerprinting a minor taken into
| ||||||
| 20 | custody or arrested before his or her 18th birthday for an | ||||||
| 21 | offense other than
those listed in this paragraph (2).
| ||||||
| 22 | (C) The records of law enforcement officers, or of an | ||||||
| 23 | independent agency created by ordinance and charged by a unit | ||||||
| 24 | of local government with the duty of investigating the conduct | ||||||
| 25 | of law enforcement officers, concerning all minors under
18 | ||||||
| 26 | years of age must be maintained separate from the records of | ||||||
| |||||||
| |||||||
| 1 | arrests and
may not be open to public inspection or their | ||||||
| 2 | contents disclosed to the
public. For purposes of obtaining | ||||||
| 3 | documents under this Section, a civil subpoena is not an order | ||||||
| 4 | of the court. | ||||||
| 5 | (1) In cases where the law enforcement, or independent | ||||||
| 6 | agency, records concern a pending juvenile court case, the | ||||||
| 7 | party seeking to inspect the records shall provide actual | ||||||
| 8 | notice to the attorney or guardian ad litem of the minor | ||||||
| 9 | whose records are sought. | ||||||
| 10 | (2) In cases where the records concern a juvenile | ||||||
| 11 | court case that is no longer pending, the party seeking to | ||||||
| 12 | inspect the records shall provide actual notice to the | ||||||
| 13 | minor or the minor's parent or legal guardian, and the | ||||||
| 14 | matter shall be referred to the chief judge presiding over | ||||||
| 15 | matters pursuant to this Act. | ||||||
| 16 | (3) In determining whether the records should be | ||||||
| 17 | available for inspection, the court shall consider the | ||||||
| 18 | minor's interest in confidentiality and rehabilitation | ||||||
| 19 | over the moving party's interest in obtaining the | ||||||
| 20 | information. Any records obtained in violation of this | ||||||
| 21 | subsection (C) shall not be admissible in any criminal or | ||||||
| 22 | civil proceeding, or operate to disqualify a minor from | ||||||
| 23 | subsequently holding public office or securing employment, | ||||||
| 24 | or operate as a forfeiture of any public benefit, right, | ||||||
| 25 | privilege, or right to receive any license granted by | ||||||
| 26 | public authority.
| ||||||
| |||||||
| |||||||
| 1 | (D) Nothing contained in subsection (C) of this Section | ||||||
| 2 | shall prohibit
the inspection or disclosure to victims and | ||||||
| 3 | witnesses of photographs
contained in the records of law | ||||||
| 4 | enforcement agencies when the
inspection and disclosure is | ||||||
| 5 | conducted in the presence of a law enforcement
officer for the | ||||||
| 6 | purpose of the identification or apprehension of any person
| ||||||
| 7 | subject to the provisions of this Act or for the investigation | ||||||
| 8 | or
prosecution of any crime.
| ||||||
| 9 | (E) Law enforcement officers, and personnel of an | ||||||
| 10 | independent agency created by ordinance and charged by a unit | ||||||
| 11 | of local government with the duty of investigating the conduct | ||||||
| 12 | of law enforcement officers, may not disclose the identity of | ||||||
| 13 | any minor
in releasing information to the general public as to | ||||||
| 14 | the arrest, investigation
or disposition of any case involving | ||||||
| 15 | a minor.
| ||||||
| 16 | (F) Nothing contained in this Section shall prohibit law | ||||||
| 17 | enforcement
agencies from communicating with each other by | ||||||
| 18 | letter, memorandum, teletype, or
intelligence alert bulletin | ||||||
| 19 | or other means the identity or other relevant
information | ||||||
| 20 | pertaining to a person under 18 years of age if there are
| ||||||
| 21 | reasonable grounds to believe that the person poses a real and | ||||||
| 22 | present danger
to the safety of the public or law enforcement | ||||||
| 23 | officers. The information
provided under this subsection (F) | ||||||
| 24 | shall remain confidential and shall not
be publicly disclosed, | ||||||
| 25 | except as otherwise allowed by law.
| ||||||
| 26 | (G) Nothing in this Section shall prohibit the right of a | ||||||
| |||||||
| |||||||
| 1 | Civil Service
Commission or appointing authority of any | ||||||
| 2 | federal government, state, county or municipality
examining | ||||||
| 3 | the character and fitness of an applicant for employment with | ||||||
| 4 | a law
enforcement agency, correctional institution, or fire | ||||||
| 5 | department
from obtaining and examining the
records of any law | ||||||
| 6 | enforcement agency relating to any record of the applicant
| ||||||
| 7 | having been arrested or taken into custody before the | ||||||
| 8 | applicant's 18th
birthday.
| ||||||
| 9 | (G-5) Information identifying victims and alleged victims | ||||||
| 10 | of sex offenses shall not be disclosed or open to the public | ||||||
| 11 | under any circumstances. Nothing in this Section shall | ||||||
| 12 | prohibit the victim or alleged victim of any sex offense from | ||||||
| 13 | voluntarily disclosing his or her own identity. | ||||||
| 14 | (H) The changes made to this Section by Public Act 98-61 | ||||||
| 15 | apply to law enforcement records of a minor who has been | ||||||
| 16 | arrested or taken into custody on or after January 1, 2014 (the | ||||||
| 17 | effective date of Public Act 98-61). | ||||||
| 18 | (H-5) Nothing in this Section shall require any court or | ||||||
| 19 | adjudicative proceeding for traffic, boating, fish and game | ||||||
| 20 | law, or municipal and county ordinance violations to be closed | ||||||
| 21 | to the public. | ||||||
| 22 | (I) Willful violation of this Section is a Class C | ||||||
| 23 | misdemeanor and each violation is subject to a fine of $1,000. | ||||||
| 24 | This subsection (I) shall not apply to the person who is the | ||||||
| 25 | subject of the record. | ||||||
| 26 | (J) A person convicted of violating this Section is liable | ||||||
| |||||||
| |||||||
| 1 | for damages in the amount of $1,000 or actual damages, | ||||||
| 2 | whichever is greater. | ||||||
| 3 | (Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; | ||||||
| 4 | revised 10-13-21.)
| ||||||
| 5 | (705 ILCS 405/1-8)
| ||||||
| 6 | (Text of Section before amendment by P.A. 101-652) | ||||||
| 7 | Sec. 1-8. Confidentiality and accessibility of juvenile | ||||||
| 8 | court records.
| ||||||
| 9 | (A) A juvenile adjudication shall never be considered a | ||||||
| 10 | conviction nor shall an adjudicated individual be considered a | ||||||
| 11 | criminal. Unless expressly allowed by law, a juvenile | ||||||
| 12 | adjudication shall not operate to impose upon the individual | ||||||
| 13 | any of the civil disabilities ordinarily imposed by or | ||||||
| 14 | resulting from conviction. Unless expressly allowed by law, | ||||||
| 15 | adjudications shall not prejudice or disqualify the individual | ||||||
| 16 | in any civil service application or appointment, from holding | ||||||
| 17 | public office, or from receiving any license granted by public | ||||||
| 18 | authority. All juvenile court records which have not been | ||||||
| 19 | expunged are sealed and may never be disclosed to the general | ||||||
| 20 | public or otherwise made widely available. Sealed juvenile | ||||||
| 21 | court records may be obtained only under this Section and | ||||||
| 22 | Section 1-7 and Part 9 of Article V of this Act, when their use | ||||||
| 23 | is needed for good cause and with an order from the juvenile | ||||||
| 24 | court. Inspection and copying of juvenile court records | ||||||
| 25 | relating to a minor
who is the subject of a proceeding under | ||||||
| |||||||
| |||||||
| 1 | this Act shall be restricted to the
following:
| ||||||
| 2 | (1) The minor who is the subject of record, his or her | ||||||
| 3 | parents, guardian,
and counsel.
| ||||||
| 4 | (2) Law enforcement officers and law enforcement | ||||||
| 5 | agencies when such
information is essential to executing | ||||||
| 6 | an arrest or search warrant or other
compulsory process, | ||||||
| 7 | or to conducting an ongoing investigation
or relating to a | ||||||
| 8 | minor who
has been adjudicated delinquent and there has | ||||||
| 9 | been a previous finding that
the act which constitutes the | ||||||
| 10 | previous offense was committed in furtherance
of criminal | ||||||
| 11 | activities by a criminal street gang.
| ||||||
| 12 | Before July 1, 1994, for the purposes of this Section, | ||||||
| 13 | "criminal street
gang" means any ongoing
organization, | ||||||
| 14 | association, or group of 3 or more persons, whether formal | ||||||
| 15 | or
informal, having as one of its primary activities the | ||||||
| 16 | commission of one or
more criminal acts and that has a | ||||||
| 17 | common name or common identifying sign,
symbol or specific | ||||||
| 18 | color apparel displayed, and whose members individually
or | ||||||
| 19 | collectively engage in or have engaged in a pattern of | ||||||
| 20 | criminal activity.
| ||||||
| 21 | Beginning July 1, 1994, for purposes of this Section, | ||||||
| 22 | "criminal street
gang" has the meaning ascribed to it in | ||||||
| 23 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
| 24 | Prevention Act.
| ||||||
| 25 | (3) Judges, hearing officers, prosecutors, public | ||||||
| 26 | defenders, probation officers, social
workers, or other
| ||||||
| |||||||
| |||||||
| 1 | individuals assigned by the court to conduct a | ||||||
| 2 | pre-adjudication or pre-disposition
investigation, and | ||||||
| 3 | individuals responsible for supervising
or providing | ||||||
| 4 | temporary or permanent care and custody for minors under | ||||||
| 5 | the order of the juvenile court when essential to | ||||||
| 6 | performing their
responsibilities.
| ||||||
| 7 | (4) Judges, federal, State, and local prosecutors, | ||||||
| 8 | public defenders, probation officers, and designated | ||||||
| 9 | staff:
| ||||||
| 10 | (a) in the course of a trial when institution of | ||||||
| 11 | criminal proceedings
has been permitted or required | ||||||
| 12 | under Section 5-805;
| ||||||
| 13 | (b) when criminal proceedings have been permitted
| ||||||
| 14 | or
required under Section 5-805 and a minor is the | ||||||
| 15 | subject of a
proceeding to
determine the amount of | ||||||
| 16 | bail;
| ||||||
| 17 | (c) when criminal proceedings have been permitted
| ||||||
| 18 | or
required under Section 5-805 and a minor is the | ||||||
| 19 | subject of a
pre-trial
investigation, pre-sentence | ||||||
| 20 | investigation or fitness hearing, or
proceedings on an | ||||||
| 21 | application for probation; or
| ||||||
| 22 | (d) when a minor becomes 18 years of age or older, | ||||||
| 23 | and is the subject
of criminal proceedings, including | ||||||
| 24 | a hearing to determine the amount of
bail, a pre-trial | ||||||
| 25 | investigation, a pre-sentence investigation, a fitness
| ||||||
| 26 | hearing, or proceedings on an application for | ||||||
| |||||||
| |||||||
| 1 | probation.
| ||||||
| 2 | (5) Adult and Juvenile Prisoner Review Boards.
| ||||||
| 3 | (6) Authorized military personnel.
| ||||||
| 4 | (6.5) Employees of the federal government authorized | ||||||
| 5 | by law. | ||||||
| 6 | (7) Victims, their subrogees and legal | ||||||
| 7 | representatives; however, such
persons shall have access | ||||||
| 8 | only to the name and address of the minor and
information | ||||||
| 9 | pertaining to the disposition or alternative adjustment | ||||||
| 10 | plan
of the juvenile court.
| ||||||
| 11 | (8) Persons engaged in bona fide research, with the | ||||||
| 12 | permission of the
presiding judge of the juvenile court | ||||||
| 13 | and the chief executive of the agency
that prepared the | ||||||
| 14 | particular records; provided that publication of such
| ||||||
| 15 | research results in no disclosure of a minor's identity | ||||||
| 16 | and protects the
confidentiality of the record.
| ||||||
| 17 | (9) The Secretary of State to whom the Clerk of the | ||||||
| 18 | Court shall report
the disposition of all cases, as | ||||||
| 19 | required in Section 6-204 of the Illinois
Vehicle Code. | ||||||
| 20 | However, information reported relative to these offenses | ||||||
| 21 | shall
be privileged and available only to the Secretary of | ||||||
| 22 | State, courts, and police
officers.
| ||||||
| 23 | (10) The administrator of a bonafide substance abuse | ||||||
| 24 | student
assistance program with the permission of the | ||||||
| 25 | presiding judge of the
juvenile court.
| ||||||
| 26 | (11) Mental health professionals on behalf of the | ||||||
| |||||||
| |||||||
| 1 | Department of
Corrections or the Department of Human | ||||||
| 2 | Services or prosecutors who are
evaluating, prosecuting, | ||||||
| 3 | or investigating a potential or actual petition
brought
| ||||||
| 4 | under the Sexually Violent Persons Commitment Act relating | ||||||
| 5 | to a person who is the
subject of
juvenile court records or | ||||||
| 6 | the respondent to a petition brought under
the
Sexually | ||||||
| 7 | Violent Persons Commitment Act, who is the subject of | ||||||
| 8 | juvenile
court records
sought. Any records and any | ||||||
| 9 | information obtained from those records under this
| ||||||
| 10 | paragraph (11) may be used only in sexually violent | ||||||
| 11 | persons commitment
proceedings.
| ||||||
| 12 | (12) Collection agencies, contracted or otherwise | ||||||
| 13 | engaged by a governmental entity, to collect any debts due | ||||||
| 14 | and owing to the governmental entity. | ||||||
| 15 | (A-1) Findings and exclusions of paternity entered in | ||||||
| 16 | proceedings occurring under Article II of this Act shall be | ||||||
| 17 | disclosed, in a manner and form approved by the Presiding | ||||||
| 18 | Judge of the Juvenile Court, to the Department of Healthcare | ||||||
| 19 | and Family Services when necessary to discharge the duties of | ||||||
| 20 | the Department of Healthcare and Family Services under Article | ||||||
| 21 | X of the Illinois Public Aid Code. | ||||||
| 22 | (B) A minor who is the victim in a juvenile proceeding | ||||||
| 23 | shall be
provided the same confidentiality regarding | ||||||
| 24 | disclosure of identity as the
minor who is the subject of | ||||||
| 25 | record.
| ||||||
| 26 | (C)(0.1) In cases where the records concern a pending | ||||||
| |||||||
| |||||||
| 1 | juvenile court case, the requesting party seeking to inspect | ||||||
| 2 | the juvenile court records shall provide actual notice to the | ||||||
| 3 | attorney or guardian ad litem of the minor whose records are | ||||||
| 4 | sought. | ||||||
| 5 | (0.2) In cases where the juvenile court records concern a | ||||||
| 6 | juvenile court case that is no longer pending, the requesting | ||||||
| 7 | party seeking to inspect the juvenile court records shall | ||||||
| 8 | provide actual notice to the minor or the minor's parent or | ||||||
| 9 | legal guardian, and the matter shall be referred to the chief | ||||||
| 10 | judge presiding over matters pursuant to this Act. | ||||||
| 11 | (0.3) In determining whether juvenile court records should | ||||||
| 12 | be made available for inspection and whether inspection should | ||||||
| 13 | be limited to certain parts of the file, the court shall | ||||||
| 14 | consider the minor's interest in confidentiality and | ||||||
| 15 | rehabilitation over the requesting party's interest in | ||||||
| 16 | obtaining the information. The State's Attorney, the minor, | ||||||
| 17 | and the minor's parents, guardian, and counsel shall at all | ||||||
| 18 | times have the right to examine court files and records. | ||||||
| 19 | (0.4) Any records obtained in violation of this Section | ||||||
| 20 | shall not be admissible in any criminal or civil proceeding, | ||||||
| 21 | or operate to disqualify a minor from subsequently holding | ||||||
| 22 | public office, or operate as a forfeiture of any public | ||||||
| 23 | benefit, right, privilege, or right to receive any license | ||||||
| 24 | granted by public authority.
| ||||||
| 25 | (D) Pending or following any adjudication of delinquency | ||||||
| 26 | for
any offense defined
in Sections 11-1.20 through 11-1.60 or | ||||||
| |||||||
| |||||||
| 1 | 12-13 through 12-16 of the Criminal Code of 1961 or the | ||||||
| 2 | Criminal Code of 2012,
the victim of any such offense shall | ||||||
| 3 | receive the
rights set out in Sections 4 and 6 of the Bill of
| ||||||
| 4 | Rights for Victims and Witnesses of Violent Crime Act; and the
| ||||||
| 5 | juvenile who is the subject of the adjudication, | ||||||
| 6 | notwithstanding any other
provision of this Act, shall be | ||||||
| 7 | treated
as an adult for the purpose of affording such rights to | ||||||
| 8 | the victim.
| ||||||
| 9 | (E) Nothing in this Section shall affect the right of a | ||||||
| 10 | Civil Service
Commission or appointing authority of the | ||||||
| 11 | federal government, or any state, county, or municipality
| ||||||
| 12 | examining the character and fitness of
an applicant for | ||||||
| 13 | employment with a law enforcement
agency, correctional | ||||||
| 14 | institution, or fire department to
ascertain
whether that | ||||||
| 15 | applicant was ever adjudicated to be a delinquent minor and,
| ||||||
| 16 | if so, to examine the records of disposition or evidence which | ||||||
| 17 | were made in
proceedings under this Act.
| ||||||
| 18 | (F) Following any adjudication of delinquency for a crime | ||||||
| 19 | which would be
a felony if committed by an adult, or following | ||||||
| 20 | any adjudication of delinquency
for a violation of Section | ||||||
| 21 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | ||||||
| 22 | Criminal Code of 2012, the State's Attorney shall ascertain
| ||||||
| 23 | whether the minor respondent is enrolled in school and, if so, | ||||||
| 24 | shall provide
a copy of the dispositional order to the | ||||||
| 25 | principal or chief administrative
officer of the school. | ||||||
| 26 | Access to the dispositional order shall be limited
to the | ||||||
| |||||||
| |||||||
| 1 | principal or chief administrative officer of the school and | ||||||
| 2 | any school
counselor designated by him or her.
| ||||||
| 3 | (G) Nothing contained in this Act prevents the sharing or
| ||||||
| 4 | disclosure of information or records relating or pertaining to | ||||||
| 5 | juveniles
subject to the provisions of the Serious Habitual | ||||||
| 6 | Offender Comprehensive
Action Program when that information is | ||||||
| 7 | used to assist in the early
identification and treatment of | ||||||
| 8 | habitual juvenile offenders.
| ||||||
| 9 | (H) When a court hearing a proceeding under Article II of | ||||||
| 10 | this Act becomes
aware that an earlier proceeding under | ||||||
| 11 | Article II had been heard in a different
county, that court | ||||||
| 12 | shall request, and the court in which the earlier
proceedings | ||||||
| 13 | were initiated shall transmit, an authenticated copy of the | ||||||
| 14 | juvenile court
record, including all documents, petitions, and | ||||||
| 15 | orders filed and the
minute orders, transcript of proceedings, | ||||||
| 16 | and docket entries of the court.
| ||||||
| 17 | (I) The Clerk of the Circuit Court shall report to the | ||||||
| 18 | Illinois
State
Police, in the form and manner required by the | ||||||
| 19 | Illinois State Police, the
final disposition of each minor who | ||||||
| 20 | has been arrested or taken into custody
before his or her 18th | ||||||
| 21 | birthday for those offenses required to be reported
under | ||||||
| 22 | Section 5 of the Criminal Identification Act. Information | ||||||
| 23 | reported to
the Department under this Section may be | ||||||
| 24 | maintained with records that the
Department files under | ||||||
| 25 | Section 2.1 of the Criminal Identification Act.
| ||||||
| 26 | (J) The changes made to this Section by Public Act 98-61 | ||||||
| |||||||
| |||||||
| 1 | apply to juvenile law enforcement records of a minor who has | ||||||
| 2 | been arrested or taken into custody on or after January 1, 2014 | ||||||
| 3 | (the effective date of Public Act 98-61). | ||||||
| 4 | (K) Willful violation of this Section is a Class C | ||||||
| 5 | misdemeanor and each violation is subject to a fine of $1,000. | ||||||
| 6 | This subsection (K) shall not apply to the person who is the | ||||||
| 7 | subject of the record. | ||||||
| 8 | (L) A person convicted of violating this Section is liable | ||||||
| 9 | for damages in the amount of $1,000 or actual damages, | ||||||
| 10 | whichever is greater. | ||||||
| 11 | (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; | ||||||
| 12 | revised 10-12-21.)
| ||||||
| 13 | (Text of Section after amendment by P.A. 101-652)
| ||||||
| 14 | Sec. 1-8. Confidentiality and accessibility of juvenile | ||||||
| 15 | court records.
| ||||||
| 16 | (A) A juvenile adjudication shall never be considered a | ||||||
| 17 | conviction nor shall an adjudicated individual be considered a | ||||||
| 18 | criminal. Unless expressly allowed by law, a juvenile | ||||||
| 19 | adjudication shall not operate to impose upon the individual | ||||||
| 20 | any of the civil disabilities ordinarily imposed by or | ||||||
| 21 | resulting from conviction. Unless expressly allowed by law, | ||||||
| 22 | adjudications shall not prejudice or disqualify the individual | ||||||
| 23 | in any civil service application or appointment, from holding | ||||||
| 24 | public office, or from receiving any license granted by public | ||||||
| 25 | authority. All juvenile court records which have not been | ||||||
| |||||||
| |||||||
| 1 | expunged are sealed and may never be disclosed to the general | ||||||
| 2 | public or otherwise made widely available. Sealed juvenile | ||||||
| 3 | court records may be obtained only under this Section and | ||||||
| 4 | Section 1-7 and Part 9 of Article V of this Act, when their use | ||||||
| 5 | is needed for good cause and with an order from the juvenile | ||||||
| 6 | court. Inspection and copying of juvenile court records | ||||||
| 7 | relating to a minor
who is the subject of a proceeding under | ||||||
| 8 | this Act shall be restricted to the
following:
| ||||||
| 9 | (1) The minor who is the subject of record, his or her | ||||||
| 10 | parents, guardian,
and counsel.
| ||||||
| 11 | (2) Law enforcement officers and law enforcement | ||||||
| 12 | agencies when such
information is essential to executing | ||||||
| 13 | an arrest or search warrant or other
compulsory process, | ||||||
| 14 | or to conducting an ongoing investigation
or relating to a | ||||||
| 15 | minor who
has been adjudicated delinquent and there has | ||||||
| 16 | been a previous finding that
the act which constitutes the | ||||||
| 17 | previous offense was committed in furtherance
of criminal | ||||||
| 18 | activities by a criminal street gang.
| ||||||
| 19 | Before July 1, 1994, for the purposes of this Section, | ||||||
| 20 | "criminal street
gang" means any ongoing
organization, | ||||||
| 21 | association, or group of 3 or more persons, whether formal | ||||||
| 22 | or
informal, having as one of its primary activities the | ||||||
| 23 | commission of one or
more criminal acts and that has a | ||||||
| 24 | common name or common identifying sign,
symbol or specific | ||||||
| 25 | color apparel displayed, and whose members individually
or | ||||||
| 26 | collectively engage in or have engaged in a pattern of | ||||||
| |||||||
| |||||||
| 1 | criminal activity.
| ||||||
| 2 | Beginning July 1, 1994, for purposes of this Section, | ||||||
| 3 | "criminal street
gang" has the meaning ascribed to it in | ||||||
| 4 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
| 5 | Prevention Act.
| ||||||
| 6 | (3) Judges, hearing officers, prosecutors, public | ||||||
| 7 | defenders, probation officers, social
workers, or other
| ||||||
| 8 | individuals assigned by the court to conduct a | ||||||
| 9 | pre-adjudication or pre-disposition
investigation, and | ||||||
| 10 | individuals responsible for supervising
or providing | ||||||
| 11 | temporary or permanent care and custody for minors under | ||||||
| 12 | the order of the juvenile court when essential to | ||||||
| 13 | performing their
responsibilities.
| ||||||
| 14 | (4) Judges, federal, State, and local prosecutors, | ||||||
| 15 | public defenders, probation officers, and designated | ||||||
| 16 | staff:
| ||||||
| 17 | (a) in the course of a trial when institution of | ||||||
| 18 | criminal proceedings
has been permitted or required | ||||||
| 19 | under Section 5-805;
| ||||||
| 20 | (b) when criminal proceedings have been permitted
| ||||||
| 21 | or
required under Section 5-805 and a minor is the | ||||||
| 22 | subject of a
proceeding to
determine the conditions of | ||||||
| 23 | pretrial release amount of bail;
| ||||||
| 24 | (c) when criminal proceedings have been permitted
| ||||||
| 25 | or
required under Section 5-805 and a minor is the | ||||||
| 26 | subject of a
pre-trial
investigation, pre-sentence | ||||||
| |||||||
| |||||||
| 1 | investigation or fitness hearing, or
proceedings on an | ||||||
| 2 | application for probation; or
| ||||||
| 3 | (d) when a minor becomes 18 years of age or older, | ||||||
| 4 | and is the subject
of criminal proceedings, including | ||||||
| 5 | a hearing to determine the conditions of pretrial | ||||||
| 6 | release amount of bail, a pre-trial investigation, a | ||||||
| 7 | pre-sentence investigation, a fitness
hearing, or | ||||||
| 8 | proceedings on an application for probation.
| ||||||
| 9 | (5) Adult and Juvenile Prisoner Review Boards.
| ||||||
| 10 | (6) Authorized military personnel.
| ||||||
| 11 | (6.5) Employees of the federal government authorized | ||||||
| 12 | by law. | ||||||
| 13 | (7) Victims, their subrogees and legal | ||||||
| 14 | representatives; however, such
persons shall have access | ||||||
| 15 | only to the name and address of the minor and
information | ||||||
| 16 | pertaining to the disposition or alternative adjustment | ||||||
| 17 | plan
of the juvenile court.
| ||||||
| 18 | (8) Persons engaged in bona fide research, with the | ||||||
| 19 | permission of the
presiding judge of the juvenile court | ||||||
| 20 | and the chief executive of the agency
that prepared the | ||||||
| 21 | particular records; provided that publication of such
| ||||||
| 22 | research results in no disclosure of a minor's identity | ||||||
| 23 | and protects the
confidentiality of the record.
| ||||||
| 24 | (9) The Secretary of State to whom the Clerk of the | ||||||
| 25 | Court shall report
the disposition of all cases, as | ||||||
| 26 | required in Section 6-204 of the Illinois
Vehicle Code. | ||||||
| |||||||
| |||||||
| 1 | However, information reported relative to these offenses | ||||||
| 2 | shall
be privileged and available only to the Secretary of | ||||||
| 3 | State, courts, and police
officers.
| ||||||
| 4 | (10) The administrator of a bonafide substance abuse | ||||||
| 5 | student
assistance program with the permission of the | ||||||
| 6 | presiding judge of the
juvenile court.
| ||||||
| 7 | (11) Mental health professionals on behalf of the | ||||||
| 8 | Department of
Corrections or the Department of Human | ||||||
| 9 | Services or prosecutors who are
evaluating, prosecuting, | ||||||
| 10 | or investigating a potential or actual petition
brought
| ||||||
| 11 | under the Sexually Violent Persons Commitment Act relating | ||||||
| 12 | to a person who is the
subject of
juvenile court records or | ||||||
| 13 | the respondent to a petition brought under
the
Sexually | ||||||
| 14 | Violent Persons Commitment Act, who is the subject of | ||||||
| 15 | juvenile
court records
sought. Any records and any | ||||||
| 16 | information obtained from those records under this
| ||||||
| 17 | paragraph (11) may be used only in sexually violent | ||||||
| 18 | persons commitment
proceedings.
| ||||||
| 19 | (12) Collection agencies, contracted or otherwise | ||||||
| 20 | engaged by a governmental entity, to collect any debts due | ||||||
| 21 | and owing to the governmental entity. | ||||||
| 22 | (A-1) Findings and exclusions of paternity entered in | ||||||
| 23 | proceedings occurring under Article II of this Act shall be | ||||||
| 24 | disclosed, in a manner and form approved by the Presiding | ||||||
| 25 | Judge of the Juvenile Court, to the Department of Healthcare | ||||||
| 26 | and Family Services when necessary to discharge the duties of | ||||||
| |||||||
| |||||||
| 1 | the Department of Healthcare and Family Services under Article | ||||||
| 2 | X of the Illinois Public Aid Code. | ||||||
| 3 | (B) A minor who is the victim in a juvenile proceeding | ||||||
| 4 | shall be
provided the same confidentiality regarding | ||||||
| 5 | disclosure of identity as the
minor who is the subject of | ||||||
| 6 | record.
| ||||||
| 7 | (C)(0.1) In cases where the records concern a pending | ||||||
| 8 | juvenile court case, the requesting party seeking to inspect | ||||||
| 9 | the juvenile court records shall provide actual notice to the | ||||||
| 10 | attorney or guardian ad litem of the minor whose records are | ||||||
| 11 | sought. | ||||||
| 12 | (0.2) In cases where the juvenile court records concern a | ||||||
| 13 | juvenile court case that is no longer pending, the requesting | ||||||
| 14 | party seeking to inspect the juvenile court records shall | ||||||
| 15 | provide actual notice to the minor or the minor's parent or | ||||||
| 16 | legal guardian, and the matter shall be referred to the chief | ||||||
| 17 | judge presiding over matters pursuant to this Act. | ||||||
| 18 | (0.3) In determining whether juvenile court records should | ||||||
| 19 | be made available for inspection and whether inspection should | ||||||
| 20 | be limited to certain parts of the file, the court shall | ||||||
| 21 | consider the minor's interest in confidentiality and | ||||||
| 22 | rehabilitation over the requesting party's interest in | ||||||
| 23 | obtaining the information. The State's Attorney, the minor, | ||||||
| 24 | and the minor's parents, guardian, and counsel shall at all | ||||||
| 25 | times have the right to examine court files and records. | ||||||
| 26 | (0.4) Any records obtained in violation of this Section | ||||||
| |||||||
| |||||||
| 1 | shall not be admissible in any criminal or civil proceeding, | ||||||
| 2 | or operate to disqualify a minor from subsequently holding | ||||||
| 3 | public office, or operate as a forfeiture of any public | ||||||
| 4 | benefit, right, privilege, or right to receive any license | ||||||
| 5 | granted by public authority.
| ||||||
| 6 | (D) Pending or following any adjudication of delinquency | ||||||
| 7 | for
any offense defined
in Sections 11-1.20 through 11-1.60 or | ||||||
| 8 | 12-13 through 12-16 of the Criminal Code of 1961 or the | ||||||
| 9 | Criminal Code of 2012,
the victim of any such offense shall | ||||||
| 10 | receive the
rights set out in Sections 4 and 6 of the Bill of
| ||||||
| 11 | Rights for Victims and Witnesses of Violent Crime Act; and the
| ||||||
| 12 | juvenile who is the subject of the adjudication, | ||||||
| 13 | notwithstanding any other
provision of this Act, shall be | ||||||
| 14 | treated
as an adult for the purpose of affording such rights to | ||||||
| 15 | the victim.
| ||||||
| 16 | (E) Nothing in this Section shall affect the right of a | ||||||
| 17 | Civil Service
Commission or appointing authority of the | ||||||
| 18 | federal government, or any state, county, or municipality
| ||||||
| 19 | examining the character and fitness of
an applicant for | ||||||
| 20 | employment with a law enforcement
agency, correctional | ||||||
| 21 | institution, or fire department to
ascertain
whether that | ||||||
| 22 | applicant was ever adjudicated to be a delinquent minor and,
| ||||||
| 23 | if so, to examine the records of disposition or evidence which | ||||||
| 24 | were made in
proceedings under this Act.
| ||||||
| 25 | (F) Following any adjudication of delinquency for a crime | ||||||
| 26 | which would be
a felony if committed by an adult, or following | ||||||
| |||||||
| |||||||
| 1 | any adjudication of delinquency
for a violation of Section | ||||||
| 2 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | ||||||
| 3 | Criminal Code of 2012, the State's Attorney shall ascertain
| ||||||
| 4 | whether the minor respondent is enrolled in school and, if so, | ||||||
| 5 | shall provide
a copy of the dispositional order to the | ||||||
| 6 | principal or chief administrative
officer of the school. | ||||||
| 7 | Access to the dispositional order shall be limited
to the | ||||||
| 8 | principal or chief administrative officer of the school and | ||||||
| 9 | any school
counselor designated by him or her.
| ||||||
| 10 | (G) Nothing contained in this Act prevents the sharing or
| ||||||
| 11 | disclosure of information or records relating or pertaining to | ||||||
| 12 | juveniles
subject to the provisions of the Serious Habitual | ||||||
| 13 | Offender Comprehensive
Action Program when that information is | ||||||
| 14 | used to assist in the early
identification and treatment of | ||||||
| 15 | habitual juvenile offenders.
| ||||||
| 16 | (H) When a court hearing a proceeding under Article II of | ||||||
| 17 | this Act becomes
aware that an earlier proceeding under | ||||||
| 18 | Article II had been heard in a different
county, that court | ||||||
| 19 | shall request, and the court in which the earlier
proceedings | ||||||
| 20 | were initiated shall transmit, an authenticated copy of the | ||||||
| 21 | juvenile court
record, including all documents, petitions, and | ||||||
| 22 | orders filed and the
minute orders, transcript of proceedings, | ||||||
| 23 | and docket entries of the court.
| ||||||
| 24 | (I) The Clerk of the Circuit Court shall report to the | ||||||
| 25 | Illinois
State
Police, in the form and manner required by the | ||||||
| 26 | Illinois State Police, the
final disposition of each minor who | ||||||
| |||||||
| |||||||
| 1 | has been arrested or taken into custody
before his or her 18th | ||||||
| 2 | birthday for those offenses required to be reported
under | ||||||
| 3 | Section 5 of the Criminal Identification Act. Information | ||||||
| 4 | reported to
the Department under this Section may be | ||||||
| 5 | maintained with records that the
Department files under | ||||||
| 6 | Section 2.1 of the Criminal Identification Act.
| ||||||
| 7 | (J) The changes made to this Section by Public Act 98-61 | ||||||
| 8 | apply to juvenile law enforcement records of a minor who has | ||||||
| 9 | been arrested or taken into custody on or after January 1, 2014 | ||||||
| 10 | (the effective date of Public Act 98-61). | ||||||
| 11 | (K) Willful violation of this Section is a Class C | ||||||
| 12 | misdemeanor and each violation is subject to a fine of $1,000. | ||||||
| 13 | This subsection (K) shall not apply to the person who is the | ||||||
| 14 | subject of the record. | ||||||
| 15 | (L) A person convicted of violating this Section is liable | ||||||
| 16 | for damages in the amount of $1,000 or actual damages, | ||||||
| 17 | whichever is greater. | ||||||
| 18 | (Source: P.A. 101-652, eff. 1-1-23; 102-197, eff. 7-30-21; | ||||||
| 19 | 102-538, eff. 8-20-21; revised 10-12-21.)
| ||||||
| 20 | (705 ILCS 405/5-150)
| ||||||
| 21 | Sec. 5-150.
Admissibility of evidence and adjudications in | ||||||
| 22 | other
proceedings.
| ||||||
| 23 | (1) Evidence and adjudications in proceedings under this | ||||||
| 24 | Act shall be
admissible:
| ||||||
| 25 | (a) in subsequent proceedings under this Act | ||||||
| |||||||
| |||||||
| 1 | concerning the same minor; or
| ||||||
| 2 | (b) in criminal proceedings when the court is to | ||||||
| 3 | determine the conditions of pretrial release amount
of | ||||||
| 4 | bail, fitness of the defendant or in sentencing under the | ||||||
| 5 | Unified Code
of Corrections; or
| ||||||
| 6 | (c) in proceedings under this Act or in criminal | ||||||
| 7 | proceedings in which
anyone who has been adjudicated | ||||||
| 8 | delinquent under Section 5-105 is to be a
witness | ||||||
| 9 | including the minor or defendant if he or she testifies, | ||||||
| 10 | and then only
for purposes of impeachment and pursuant to | ||||||
| 11 | the rules
of evidence for criminal trials; or
| ||||||
| 12 | (d) in civil proceedings concerning causes of action | ||||||
| 13 | arising out of the
incident or incidents which initially | ||||||
| 14 | gave rise to the proceedings under this
Act.
| ||||||
| 15 | (2) No adjudication or disposition under this Act shall | ||||||
| 16 | operate to
disqualify a minor from subsequently holding public | ||||||
| 17 | office nor shall
operate as a forfeiture of any right, | ||||||
| 18 | privilege or right to receive any
license granted by public | ||||||
| 19 | authority.
| ||||||
| 20 | (3) The court which adjudicated that a minor has committed | ||||||
| 21 | any offense
relating to motor vehicles prescribed in Sections | ||||||
| 22 | 4-102 and 4-103 of the
Illinois Vehicle Code shall notify the | ||||||
| 23 | Secretary of State of that adjudication
and the notice shall | ||||||
| 24 | constitute sufficient grounds for revoking that minor's
| ||||||
| 25 | driver's license or permit as provided in Section 6-205 of the | ||||||
| 26 | Illinois Vehicle
Code; no minor shall be considered a criminal | ||||||
| |||||||
| |||||||
| 1 | by reason thereof, nor shall any
such adjudication be | ||||||
| 2 | considered a conviction.
| ||||||
| 3 | (Source: P.A. 90-590, eff. 1-1-99; 101-652.)
| ||||||
| 4 | Section 205. The Criminal Code of 2012 is amended by | ||||||
| 5 | changing Sections 26.5-5, 31-1, 31A-0.1, 32-10, and 32-15 as | ||||||
| 6 | follows:
| ||||||
| 7 | (720 ILCS 5/26.5-5) | ||||||
| 8 | Sec. 26.5-5. Sentence. | ||||||
| 9 | (a) Except as provided in
subsection (b), a
person who | ||||||
| 10 | violates any of the provisions of
Section 26.5-1, 26.5-2, or | ||||||
| 11 | 26.5-3 of this Article
is guilty of a Class B misdemeanor.
| ||||||
| 12 | Except as provided
in subsection (b), a second or subsequent
| ||||||
| 13 | violation of Section 26.5-1, 26.5-2, or 26.5-3 of this
Article | ||||||
| 14 | is a Class A
misdemeanor, for which the
court
shall impose a | ||||||
| 15 | minimum of 14 days in
jail or, if public or
community service | ||||||
| 16 | is established in the county in which the offender was
| ||||||
| 17 | convicted, 240 hours of public or community service. | ||||||
| 18 | (b) In any of the following circumstances, a person who | ||||||
| 19 | violates Section 26.5-1, 26.5-2, or 26.5-3 of this Article | ||||||
| 20 | shall be guilty of a Class 4 felony: | ||||||
| 21 | (1) The person has 3 or more prior violations in the | ||||||
| 22 | last 10 years of
harassment
by
telephone, harassment | ||||||
| 23 | through electronic
communications, or any similar offense | ||||||
| 24 | of any
other state; | ||||||
| |||||||
| |||||||
| 1 | (2) The person has previously violated the harassment | ||||||
| 2 | by telephone
provisions, or the harassment through | ||||||
| 3 | electronic
communications provisions, or committed any | ||||||
| 4 | similar
offense in any other state with the same victim or | ||||||
| 5 | a member of the victim's family or
household; | ||||||
| 6 | (3) At the time of the offense, the offender was under | ||||||
| 7 | conditions of pretrial release bail,
probation, | ||||||
| 8 | conditional discharge, mandatory supervised release or was | ||||||
| 9 | the subject of an order of
protection, in this or any other | ||||||
| 10 | state, prohibiting contact with the victim or
any member | ||||||
| 11 | of the victim's family or household; | ||||||
| 12 | (4) In the course of the offense, the offender | ||||||
| 13 | threatened to kill the
victim or any member of the | ||||||
| 14 | victim's family or household; | ||||||
| 15 | (5) The person has been convicted in the last 10 years | ||||||
| 16 | of a forcible
felony
as defined in Section 2-8 of the | ||||||
| 17 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
| 18 | (6) The person violates paragraph (5) of Section | ||||||
| 19 | 26.5-2 or paragraph
(4) of Section 26.5-3; or | ||||||
| 20 | (7) The person was at least 18 years of age at the time | ||||||
| 21 | of the commission of the offense and the victim was under | ||||||
| 22 | 18 years of age at the time of the commission of the | ||||||
| 23 | offense. | ||||||
| 24 | (c) The court may order any person
convicted under this | ||||||
| 25 | Article to submit to a psychiatric examination.
| ||||||
| 26 | (Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||||||
| |||||||
| |||||||
| 1 | 101-652.)
| ||||||
| 2 | (720 ILCS 5/31-1) (from Ch. 38, par. 31-1)
| ||||||
| 3 | (Text of Section before amendment by P.A. 101-652)
| ||||||
| 4 | Sec. 31-1. Resisting or obstructing a peace officer, | ||||||
| 5 | firefighter, or correctional
institution employee. | ||||||
| 6 | (a) A person who knowingly resists or obstructs the | ||||||
| 7 | performance by one known
to the person to be a peace officer, | ||||||
| 8 | firefighter, or correctional institution employee of any
| ||||||
| 9 | authorized act within his or her official capacity commits a | ||||||
| 10 | Class A misdemeanor.
| ||||||
| 11 | (a-5) In addition to any other sentence that may be | ||||||
| 12 | imposed, a court
shall
order any person convicted of resisting | ||||||
| 13 | or obstructing a peace officer, firefighter, or correctional
| ||||||
| 14 | institution employee to be
sentenced to a minimum of 48 | ||||||
| 15 | consecutive hours of imprisonment or
ordered to perform | ||||||
| 16 | community service for not less than 100 hours as
may be | ||||||
| 17 | determined by the court. The person shall not be eligible for | ||||||
| 18 | probation
in order to reduce the sentence of imprisonment or | ||||||
| 19 | community service.
| ||||||
| 20 | (a-7) A person convicted for a violation of this Section | ||||||
| 21 | whose violation was
the proximate cause of an injury to a peace | ||||||
| 22 | officer, firefighter, or correctional
institution employee is | ||||||
| 23 | guilty of a Class 4
felony.
| ||||||
| 24 | (b) For purposes of this Section, "correctional | ||||||
| 25 | institution employee"
means
any person employed to supervise | ||||||
| |||||||
| |||||||
| 1 | and control inmates incarcerated in a
penitentiary, State | ||||||
| 2 | farm, reformatory, prison, jail, house of correction,
police | ||||||
| 3 | detention area, half-way house, or other institution or place | ||||||
| 4 | for the
incarceration or custody of persons under sentence for | ||||||
| 5 | offenses or awaiting
trial or sentence for offenses, under | ||||||
| 6 | arrest for an offense, a violation of
probation, a violation | ||||||
| 7 | of parole, a violation of aftercare release, a violation of | ||||||
| 8 | mandatory supervised
release, or awaiting a bail setting | ||||||
| 9 | hearing or preliminary hearing, or who
are
sexually dangerous | ||||||
| 10 | persons or who are sexually violent persons; and "firefighter" | ||||||
| 11 | means any individual, either as an employee or volunteer, of a | ||||||
| 12 | regularly
constituted fire department of a municipality or | ||||||
| 13 | fire protection district who
performs fire fighting duties, | ||||||
| 14 | including, but not limited to, the fire chief, assistant fire
| ||||||
| 15 | chief, captain, engineer, driver, ladder person, hose person, | ||||||
| 16 | pipe person, and any
other member of a regularly constituted | ||||||
| 17 | fire department. "Firefighter" also means a person employed by | ||||||
| 18 | the Office of the State Fire Marshal to conduct arson | ||||||
| 19 | investigations.
| ||||||
| 20 | (c) It is an affirmative defense to a violation of this | ||||||
| 21 | Section if a person resists or obstructs the performance of | ||||||
| 22 | one known by the person to be a firefighter by returning to or | ||||||
| 23 | remaining in a dwelling, residence, building, or other | ||||||
| 24 | structure to rescue or to attempt to rescue any person. | ||||||
| 25 | (Source: P.A. 98-558, eff. 1-1-14.)
| ||||||
| |||||||
| |||||||
| 1 | (Text of Section after amendment by P.A. 101-652)
| ||||||
| 2 | Sec. 31-1. Resisting or obstructing a peace officer, | ||||||
| 3 | firefighter, or correctional
institution employee. | ||||||
| 4 | (a) A person who knowingly resists or obstructs the | ||||||
| 5 | performance by one known
to the person to be a peace officer, | ||||||
| 6 | firefighter, or correctional institution employee of any
| ||||||
| 7 | authorized act within his or her official capacity commits a | ||||||
| 8 | Class A misdemeanor.
| ||||||
| 9 | (a-5) In addition to any other sentence that may be | ||||||
| 10 | imposed, a court
shall
order any person convicted of resisting | ||||||
| 11 | or obstructing a peace officer, firefighter, or correctional
| ||||||
| 12 | institution employee to be
sentenced to a minimum of 48 | ||||||
| 13 | consecutive hours of imprisonment or
ordered to perform | ||||||
| 14 | community service for not less than 100 hours as
may be | ||||||
| 15 | determined by the court. The person shall not be eligible for | ||||||
| 16 | probation
in order to reduce the sentence of imprisonment or | ||||||
| 17 | community service.
| ||||||
| 18 | (a-7) A person convicted for a violation of this Section | ||||||
| 19 | whose violation was
the proximate cause of an injury to a peace | ||||||
| 20 | officer, firefighter, or correctional
institution employee is | ||||||
| 21 | guilty of a Class 4
felony.
| ||||||
| 22 | (b) For purposes of this Section, "correctional | ||||||
| 23 | institution employee"
means
any person employed to supervise | ||||||
| 24 | and control inmates incarcerated in a
penitentiary, State | ||||||
| 25 | farm, reformatory, prison, jail, house of correction,
police | ||||||
| 26 | detention area, half-way house, or other institution or place | ||||||
| |||||||
| |||||||
| 1 | for the
incarceration or custody of persons under sentence for | ||||||
| 2 | offenses or awaiting
trial or sentence for offenses, under | ||||||
| 3 | arrest for an offense, a violation of
probation, a violation | ||||||
| 4 | of parole, a violation of aftercare release, a violation of | ||||||
| 5 | mandatory supervised
release, or awaiting a bail setting | ||||||
| 6 | hearing or preliminary hearing on setting the conditions of | ||||||
| 7 | pretrial release, or who
are
sexually dangerous persons or who | ||||||
| 8 | are sexually violent persons; and "firefighter" means any | ||||||
| 9 | individual, either as an employee or volunteer, of a regularly
| ||||||
| 10 | constituted fire department of a municipality or fire | ||||||
| 11 | protection district who
performs fire fighting duties, | ||||||
| 12 | including, but not limited to, the fire chief, assistant fire
| ||||||
| 13 | chief, captain, engineer, driver, ladder person, hose person, | ||||||
| 14 | pipe person, and any
other member of a regularly constituted | ||||||
| 15 | fire department. "Firefighter" also means a person employed by | ||||||
| 16 | the Office of the State Fire Marshal to conduct arson | ||||||
| 17 | investigations.
| ||||||
| 18 | (c) It is an affirmative defense to a violation of this | ||||||
| 19 | Section if a person resists or obstructs the performance of | ||||||
| 20 | one known by the person to be a firefighter by returning to or | ||||||
| 21 | remaining in a dwelling, residence, building, or other | ||||||
| 22 | structure to rescue or to attempt to rescue any person. | ||||||
| 23 | (d) A person shall not be subject to arrest under this | ||||||
| 24 | Section unless there is an underlying offense for which the | ||||||
| 25 | person was initially subject to arrest. | ||||||
| 26 | (Source: P.A. 101-652, eff. 1-1-23.)
| ||||||
| |||||||
| |||||||
| 1 | (720 ILCS 5/31A-0.1) | ||||||
| 2 | Sec. 31A-0.1. Definitions. For the purposes of this | ||||||
| 3 | Article: | ||||||
| 4 | "Deliver" or "delivery" means the actual, constructive or | ||||||
| 5 | attempted
transfer of possession of an item of contraband, | ||||||
| 6 | with or without consideration,
whether or not there is an | ||||||
| 7 | agency relationship. | ||||||
| 8 | "Employee" means any elected or appointed officer, trustee | ||||||
| 9 | or
employee of a penal institution or of the governing | ||||||
| 10 | authority of the penal
institution, or any person who performs | ||||||
| 11 | services for the penal institution
pursuant to contract with | ||||||
| 12 | the penal institution or its governing
authority. | ||||||
| 13 | "Item of contraband" means any of the following: | ||||||
| 14 | (i) "Alcoholic liquor" as that term is defined in | ||||||
| 15 | Section 1-3.05 of the
Liquor Control Act of 1934. | ||||||
| 16 | (ii) "Cannabis" as that term is defined in subsection | ||||||
| 17 | (a) of Section 3
of the Cannabis Control Act. | ||||||
| 18 | (iii) "Controlled substance" as that term is defined | ||||||
| 19 | in the Illinois
Controlled Substances Act. | ||||||
| 20 | (iii-a) "Methamphetamine" as that term is defined in | ||||||
| 21 | the Illinois Controlled Substances Act or the | ||||||
| 22 | Methamphetamine Control and Community Protection Act. | ||||||
| 23 | (iv) "Hypodermic syringe" or hypodermic needle, or any | ||||||
| 24 | instrument
adapted for use of controlled substances or | ||||||
| 25 | cannabis by subcutaneous injection. | ||||||
| |||||||
| |||||||
| 1 | (v) "Weapon" means any knife, dagger, dirk, billy, | ||||||
| 2 | razor, stiletto,
broken bottle, or other piece of glass | ||||||
| 3 | which could be used as a dangerous
weapon. This term | ||||||
| 4 | includes any of the devices or implements designated in
| ||||||
| 5 | subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of | ||||||
| 6 | this
Code, or any other dangerous weapon or instrument of | ||||||
| 7 | like character. | ||||||
| 8 | (vi) "Firearm" means any device, by whatever name | ||||||
| 9 | known, which is
designed to expel a projectile or | ||||||
| 10 | projectiles by the action of an
explosion, expansion of | ||||||
| 11 | gas or escape of gas, including but not limited to: | ||||||
| 12 | (A) any pneumatic gun, spring gun, or B-B gun | ||||||
| 13 | which expels a single
globular projectile not | ||||||
| 14 | exceeding .18 inch in diameter; or | ||||||
| 15 | (B) any device used exclusively for signaling or | ||||||
| 16 | safety and required
as
recommended by the United | ||||||
| 17 | States Coast Guard or the Interstate Commerce
| ||||||
| 18 | Commission; or | ||||||
| 19 | (C) any device used exclusively for the firing of | ||||||
| 20 | stud cartridges,
explosive rivets or industrial | ||||||
| 21 | ammunition; or | ||||||
| 22 | (D) any device which is powered by electrical | ||||||
| 23 | charging units, such as
batteries, and which fires one | ||||||
| 24 | or several barbs attached to a length of
wire and | ||||||
| 25 | which, upon hitting a human, can send out current | ||||||
| 26 | capable of
disrupting the person's nervous system in | ||||||
| |||||||
| |||||||
| 1 | such a manner as to render him or her incapable of | ||||||
| 2 | normal functioning, commonly referred to as a stun gun | ||||||
| 3 | or taser. | ||||||
| 4 | (vii) "Firearm ammunition" means any self-contained | ||||||
| 5 | cartridge or shotgun
shell, by whatever name known, which | ||||||
| 6 | is designed to be used or adaptable to
use in a firearm, | ||||||
| 7 | including but not limited to: | ||||||
| 8 | (A) any ammunition exclusively designed for use | ||||||
| 9 | with a device used
exclusively for signaling or safety | ||||||
| 10 | and required or recommended by the
United States Coast | ||||||
| 11 | Guard or the Interstate Commerce Commission; or | ||||||
| 12 | (B) any ammunition designed exclusively for use | ||||||
| 13 | with a stud or rivet
driver or other similar | ||||||
| 14 | industrial ammunition. | ||||||
| 15 | (viii) "Explosive" means, but is not limited to, bomb, | ||||||
| 16 | bombshell,
grenade, bottle or other container containing | ||||||
| 17 | an explosive substance of
over one-quarter ounce for like | ||||||
| 18 | purposes such as black powder bombs and
Molotov cocktails | ||||||
| 19 | or artillery projectiles. | ||||||
| 20 | (ix) "Tool to defeat security mechanisms" means, but | ||||||
| 21 | is not limited to,
handcuff or security restraint key, | ||||||
| 22 | tool designed to pick locks, popper, or any device or
| ||||||
| 23 | instrument used to or capable of unlocking or preventing | ||||||
| 24 | from locking any handcuff or security restraints, doors to
| ||||||
| 25 | cells, rooms, gates or other areas of the penal | ||||||
| 26 | institution. | ||||||
| |||||||
| |||||||
| 1 | (x) "Cutting tool" means, but is not limited to, | ||||||
| 2 | hacksaw blade,
wirecutter,
or device, instrument or file | ||||||
| 3 | capable of cutting through metal. | ||||||
| 4 | (xi) "Electronic contraband" for the purposes of | ||||||
| 5 | Section 31A-1.1 of this Article means, but is not limited | ||||||
| 6 | to, any
electronic, video recording device, computer, or | ||||||
| 7 | cellular communications
equipment, including, but not
| ||||||
| 8 | limited to, cellular telephones, cellular telephone | ||||||
| 9 | batteries, videotape
recorders, pagers,
computers, and | ||||||
| 10 | computer peripheral equipment brought into or possessed in | ||||||
| 11 | a
penal institution without the written authorization of | ||||||
| 12 | the Chief Administrative
Officer. "Electronic contraband" | ||||||
| 13 | for the purposes of Section 31A-1.2 of this Article, | ||||||
| 14 | means, but is not limited to, any
electronic, video | ||||||
| 15 | recording device, computer, or cellular communications
| ||||||
| 16 | equipment, including, but not
limited to, cellular | ||||||
| 17 | telephones, cellular telephone batteries, videotape
| ||||||
| 18 | recorders, pagers,
computers, and computer peripheral | ||||||
| 19 | equipment. | ||||||
| 20 | "Penal institution" means any penitentiary, State farm,
| ||||||
| 21 | reformatory, prison, jail, house of correction, police | ||||||
| 22 | detention area,
half-way house or other institution or place | ||||||
| 23 | for the incarceration or
custody of persons under sentence for | ||||||
| 24 | offenses awaiting trial or sentence
for offenses, under arrest | ||||||
| 25 | for an offense, a violation of probation, a
violation of | ||||||
| 26 | parole, a violation of aftercare release, or a violation of | ||||||
| |||||||
| |||||||
| 1 | mandatory supervised release, or
awaiting a bail setting | ||||||
| 2 | hearing on the setting of conditions of pretrial release or | ||||||
| 3 | preliminary hearing; provided that where
the place for | ||||||
| 4 | incarceration or custody is housed within another public
| ||||||
| 5 | building this Article shall not apply to that part of the | ||||||
| 6 | building unrelated
to the incarceration or custody of persons.
| ||||||
| 7 | (Source: P.A. 97-1108, eff. 1-1-13; 98-558, eff. 1-1-14; | ||||||
| 8 | 101-652.)
| ||||||
| 9 | (720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
| ||||||
| 10 | Sec. 32-10. Violation of conditions of pretrial release | ||||||
| 11 | bail bond.
| ||||||
| 12 | (a) Whoever, having been released pretrial under | ||||||
| 13 | conditions admitted to bail for appearance before any
court of
| ||||||
| 14 | this State, incurs a violation of conditions of pretrial | ||||||
| 15 | release forfeiture of the bail and knowingly fails to | ||||||
| 16 | surrender
himself or herself within 30 days following the date | ||||||
| 17 | of the violation forfeiture, commits, if
the conditions of | ||||||
| 18 | pretrial release bail was given in connection with a charge of | ||||||
| 19 | felony or pending appeal
or certiorari after conviction of any | ||||||
| 20 | offense, a felony of the next lower
Class or a Class A | ||||||
| 21 | misdemeanor if the underlying offense was a Class 4 felony . If | ||||||
| 22 | the violation of pretrial conditions were made;
or, if the | ||||||
| 23 | bail was given in connection with a charge
of committing a | ||||||
| 24 | misdemeanor, or for appearance as a witness, commits a | ||||||
| 25 | misdemeanor of the next lower Class, but not less than a Class | ||||||
| |||||||
| |||||||
| 1 | C misdemeanor.
| ||||||
| 2 | (a-5) Any person who knowingly violates a condition of | ||||||
| 3 | pretrial release bail bond by possessing a
firearm in | ||||||
| 4 | violation of his or her conditions of pretrial release bail | ||||||
| 5 | commits a Class 4 felony
for a first violation and a Class 3 | ||||||
| 6 | felony for a second or subsequent violation.
| ||||||
| 7 | (b) Whoever, having been released pretrial under | ||||||
| 8 | conditions admitted to bail for appearance before
any court
of | ||||||
| 9 | this State, while charged with a criminal offense in which the | ||||||
| 10 | victim is a
family or household member as defined in Article | ||||||
| 11 | 112A of the Code of Criminal
Procedure of 1963, knowingly | ||||||
| 12 | violates a condition of that release as set forth
in Section | ||||||
| 13 | 110-10, subsection (d) of the Code of Criminal Procedure of | ||||||
| 14 | 1963,
commits a Class A misdemeanor.
| ||||||
| 15 | (c) Whoever, having been released pretrial under | ||||||
| 16 | conditions admitted to bail for appearance before
any court
of | ||||||
| 17 | this State for a felony, Class A misdemeanor or a
criminal | ||||||
| 18 | offense in which the victim is a family
or household member as | ||||||
| 19 | defined in Article 112A of the Code of Criminal
Procedure of | ||||||
| 20 | 1963, is charged with any other
felony, Class A misdemeanor,
| ||||||
| 21 | or a
criminal offense in which the victim is a family or | ||||||
| 22 | household
member as
defined in Article 112A of the Code of | ||||||
| 23 | Criminal Procedure of 1963 while on
this
release, must appear | ||||||
| 24 | before the court before
bail is statutorily set.
| ||||||
| 25 | (d) Nothing in this Section shall interfere with or
| ||||||
| 26 | prevent the exercise
by
any court of its power to punishment | ||||||
| |||||||
| |||||||
| 1 | for contempt.
Any sentence imposed for violation of this | ||||||
| 2 | Section may shall be served
consecutive to the sentence | ||||||
| 3 | imposed for the charge for which pretrial release bail had | ||||||
| 4 | been
granted and with respect to which the defendant has been | ||||||
| 5 | convicted.
| ||||||
| 6 | (Source: P.A. 97-1108, eff. 1-1-13; 101-652.)
| ||||||
| 7 | (720 ILCS 5/32-15) | ||||||
| 8 | Sec. 32-15. Pretrial release Bail bond false statement. | ||||||
| 9 | Any person who in any affidavit, document,
schedule or other | ||||||
| 10 | application to ensure compliance of another with the terms of | ||||||
| 11 | pretrial release become surety or bail for another on any
bail | ||||||
| 12 | bond or recognizance in any civil or criminal proceeding then | ||||||
| 13 | pending
or about to be started against the other person, | ||||||
| 14 | having taken a lawful
oath or made affirmation, shall swear or | ||||||
| 15 | affirm wilfully, corruptly and
falsely as to the factors the | ||||||
| 16 | court relied on to approve the conditions of the other | ||||||
| 17 | person's pretrial release ownership or liens or incumbrances | ||||||
| 18 | upon or the value of
any real or personal property alleged to | ||||||
| 19 | be owned by the person proposed to ensure those conditions as
| ||||||
| 20 | surety 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 | ||||||
| 25 | testify wilfully, corruptly and falsely as to any of said | ||||||
| |||||||
| |||||||
| 1 | matters for
the purpose of inducing the approval of any such | ||||||
| 2 | conditions of pretrial release bail bond or recognizance;
or | ||||||
| 3 | for the purpose of justifying on any such conditions of | ||||||
| 4 | pretrial release bail bond or recognizance, or
who shall | ||||||
| 5 | suborn any other person to so swear, affirm or testify as
| ||||||
| 6 | aforesaid, shall be deemed and adjudged guilty of perjury or | ||||||
| 7 | subornation of
perjury (as the case may be) and punished | ||||||
| 8 | accordingly.
| ||||||
| 9 | (Source: P.A. 97-1108, eff. 1-1-13; 101-652.)
| ||||||
| 10 | Section 210. The Criminal Code of 2012 is amended by | ||||||
| 11 | changing Sections 7-5, 7-5.5, 7-9, 9-1, and 33-3 as follows:
| ||||||
| 12 | (720 ILCS 5/7-5) (from Ch. 38, par. 7-5)
| ||||||
| 13 | Sec. 7-5. Peace officer's use of force in making arrest. | ||||||
| 14 | (a) A peace officer, or any person whom he has summoned or | ||||||
| 15 | directed
to assist him, need not retreat or desist from | ||||||
| 16 | efforts to make a lawful
arrest because of resistance or | ||||||
| 17 | threatened resistance to the arrest. He
is justified in the | ||||||
| 18 | use of any force which he reasonably believes, based on the | ||||||
| 19 | totality of the circumstances, to be
necessary to effect the | ||||||
| 20 | arrest and of any force which he reasonably
believes, based on | ||||||
| 21 | the totality of the circumstances, to be necessary to defend | ||||||
| 22 | himself or another from bodily harm
while making the arrest. | ||||||
| 23 | However, he is justified in using force likely
to cause death | ||||||
| 24 | or great bodily harm only when: (i) he reasonably believes, | ||||||
| |||||||
| |||||||
| 1 | based on the totality of the circumstances,
that such force is | ||||||
| 2 | necessary to prevent death or great bodily harm to
himself or | ||||||
| 3 | such other person; or (ii) when he reasonably believes, based | ||||||
| 4 | on the totality of the circumstances, both that:
| ||||||
| 5 | (1) Such force is necessary to prevent the arrest from | ||||||
| 6 | being
defeated by resistance or escape and the officer | ||||||
| 7 | reasonably
believes that the person to be arrested is | ||||||
| 8 | likely to cause
great bodily harm to another; and
| ||||||
| 9 | (2) The person to be arrested committed or attempted a | ||||||
| 10 | forcible
felony which involves the infliction or | ||||||
| 11 | threatened infliction of great
bodily harm or is | ||||||
| 12 | attempting to escape by use of a deadly weapon, or
| ||||||
| 13 | otherwise indicates that he will endanger human life or | ||||||
| 14 | inflict great
bodily harm unless arrested without delay.
| ||||||
| 15 | As used in this subsection, "retreat" does not mean | ||||||
| 16 | tactical
repositioning or other de-escalation tactics. | ||||||
| 17 | A peace officer is not justified in using force likely to | ||||||
| 18 | cause death or great bodily harm when there is no longer an | ||||||
| 19 | imminent threat of great bodily harm to the officer or | ||||||
| 20 | another. | ||||||
| 21 | (a-5) Where feasible, a peace officer shall, prior to the | ||||||
| 22 | use of force, make reasonable efforts to identify himself or | ||||||
| 23 | herself as a peace
officer and to warn that deadly force may be | ||||||
| 24 | used. | ||||||
| 25 | (a-10) A peace officer shall not use deadly force against | ||||||
| 26 | a person based on the danger that the person poses to himself | ||||||
| |||||||
| |||||||
| 1 | or herself if
an reasonable officer would believe the person | ||||||
| 2 | does not pose an imminent threat of death or great bodily harm | ||||||
| 3 | to the peace officer or to another person. | ||||||
| 4 | (a-15) A peace officer shall not use deadly force against | ||||||
| 5 | a person who is suspected of committing a property offense, | ||||||
| 6 | unless that offense is terrorism or unless deadly force is | ||||||
| 7 | otherwise authorized by law. | ||||||
| 8 | (b) A peace officer making an arrest pursuant to an | ||||||
| 9 | invalid warrant
is justified in the use of any force which he | ||||||
| 10 | would be justified in
using if the warrant were valid, unless | ||||||
| 11 | he knows that the warrant is
invalid.
| ||||||
| 12 | (c) The authority to use physical force conferred on peace | ||||||
| 13 | officers by this Article is a serious responsibility that | ||||||
| 14 | shall be exercised judiciously and with respect for human | ||||||
| 15 | rights and dignity and for the sanctity of every human life. | ||||||
| 16 | (d) Peace officers shall use deadly force only when | ||||||
| 17 | reasonably necessary in defense of human life. In determining | ||||||
| 18 | whether deadly force is reasonably necessary, officers shall | ||||||
| 19 | evaluate each situation in light of the totality of | ||||||
| 20 | circumstances of each case including but not limited to the | ||||||
| 21 | proximity in time of the use of force to the commission of a | ||||||
| 22 | forcible felony, and the reasonable feasibility of safely | ||||||
| 23 | apprehending a subject at a later time, and shall use other | ||||||
| 24 | available resources and techniques, if reasonably safe and | ||||||
| 25 | feasible to a reasonable officer. | ||||||
| 26 | (e) The decision by a peace officer to use force shall be | ||||||
| |||||||
| |||||||
| 1 | evaluated carefully and thoroughly, in a manner that reflects | ||||||
| 2 | the gravity of that authority and the serious consequences of | ||||||
| 3 | the use of force by peace officers, in order to ensure that | ||||||
| 4 | officers use force consistent with law and agency policies. | ||||||
| 5 | (f) The decision by a peace officer to use force shall be | ||||||
| 6 | evaluated from the perspective of a reasonable officer in the | ||||||
| 7 | same situation, based on the totality of the circumstances | ||||||
| 8 | known to or perceived by the officer at the time of the | ||||||
| 9 | decision, rather than with the benefit of hindsight, and that | ||||||
| 10 | the totality of the circumstances shall account for occasions | ||||||
| 11 | when officers may be forced to make quick judgments about | ||||||
| 12 | using force. | ||||||
| 13 | (g) Law enforcement agencies are encouraged to adopt and | ||||||
| 14 | develop policies designed to protect individuals with | ||||||
| 15 | physical, mental health, developmental, or intellectual | ||||||
| 16 | disabilities, or individuals who are significantly more likely | ||||||
| 17 | to experience greater levels of physical force during police | ||||||
| 18 | interactions, as these disabilities may affect the ability of | ||||||
| 19 | a person to understand or comply with commands from peace | ||||||
| 20 | officers. | ||||||
| 21 | (h) As used in this Section: | ||||||
| 22 | (1) "Deadly force" means any use of force that creates | ||||||
| 23 | a substantial risk of causing death or great bodily harm, | ||||||
| 24 | including, but not limited to, the discharge of a firearm. | ||||||
| 25 | (2) A threat of death or serious bodily injury is | ||||||
| 26 | "imminent" when, based on the totality of the | ||||||
| |||||||
| |||||||
| 1 | circumstances, a reasonable officer in the same situation | ||||||
| 2 | would believe that a person has the present ability, | ||||||
| 3 | opportunity, and apparent intent to immediately cause | ||||||
| 4 | death or great bodily harm to the peace officer or another | ||||||
| 5 | person. An imminent harm is not merely a fear of future | ||||||
| 6 | harm, no matter how great the fear and no matter how great | ||||||
| 7 | the likelihood of the harm, but is one that, from | ||||||
| 8 | appearances, must be instantly confronted and addressed. | ||||||
| 9 | (3) "Totality of the circumstances" means all facts | ||||||
| 10 | known to the peace officer at the time, or that would be | ||||||
| 11 | known to a reasonable officer in the same situation, | ||||||
| 12 | including the conduct of the officer and the subject | ||||||
| 13 | leading up to the use of deadly force. | ||||||
| 14 | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | ||||||
| 15 | revised 8-2-21.)
| ||||||
| 16 | (720 ILCS 5/7-5.5) | ||||||
| 17 | Sec. 7-5.5. Prohibited use of force by a peace officer. | ||||||
| 18 | (a) A peace officer, or any other person acting under the | ||||||
| 19 | color of law, shall not use a chokehold or restraint above the | ||||||
| 20 | shoulders with risk of asphyxiation in the performance of his | ||||||
| 21 | or her duties, unless deadly force is justified under this | ||||||
| 22 | Article 7 of this Code. | ||||||
| 23 | (b) A peace officer, or any other person acting under the | ||||||
| 24 | color of law, shall not use a chokehold or restraint above the | ||||||
| 25 | shoulders with risk of asphyxiation, or any lesser contact | ||||||
| |||||||
| |||||||
| 1 | with the throat or neck area of another, in order to prevent | ||||||
| 2 | the destruction of evidence by ingestion. | ||||||
| 3 | (c)
As used in this Section, "chokehold" means applying | ||||||
| 4 | any direct pressure to the throat, windpipe, or airway of | ||||||
| 5 | another with the intent to reduce or prevent the intake of | ||||||
| 6 | air.. "Chokehold" does not include any holding involving | ||||||
| 7 | contact with the neck that is not intended to reduce the intake | ||||||
| 8 | of air such as a headlock where the only pressure applied is to | ||||||
| 9 | the head.
| ||||||
| 10 | (d) As used in this Section, "restraint above the | ||||||
| 11 | shoulders with risk of positional asphyxiation" means a use of | ||||||
| 12 | a technique used to restrain a person above the shoulders, | ||||||
| 13 | including the neck or head, in a position which interferes | ||||||
| 14 | with the person's ability to breathe after the person no | ||||||
| 15 | longer poses a threat to the officer or any other person. | ||||||
| 16 | (e) A peace officer, or any other person acting under the | ||||||
| 17 | color of law, shall not: | ||||||
| 18 | (i) use force as punishment or retaliation; | ||||||
| 19 | (ii) discharge kinetic impact projectiles and all | ||||||
| 20 | other non-or less-lethal projectiles in a manner that | ||||||
| 21 | targets the head, neck, groin, anterior pelvis, or back; | ||||||
| 22 | (iii) discharge conducted electrical weapons in a | ||||||
| 23 | manner that targets the head, chest, neck, groin, or | ||||||
| 24 | anterior pelvis; | ||||||
| 25 | (iv) discharge firearms or kinetic impact projectiles | ||||||
| 26 | indiscriminately into a crowd; | ||||||
| |||||||
| |||||||
| 1 | (v) use chemical agents or irritants for crowd | ||||||
| 2 | control, including pepper spray and tear gas, prior to | ||||||
| 3 | issuing an order to disperse in a sufficient manner to | ||||||
| 4 | allow for the order to be heard and repeated if necessary, | ||||||
| 5 | followed by sufficient time and space to allow compliance | ||||||
| 6 | with the order unless providing such time and space would | ||||||
| 7 | unduly place an officer or another person at risk of death | ||||||
| 8 | or great bodily harm; or | ||||||
| 9 | (vi) use chemical agents or irritants, including | ||||||
| 10 | pepper spray and tear gas, prior to issuing an order in a | ||||||
| 11 | sufficient manner to ensure the order is heard, and | ||||||
| 12 | repeated if necessary, to allow compliance with the order | ||||||
| 13 | unless providing such time and space would unduly place an | ||||||
| 14 | officer or another person at risk of death or great bodily | ||||||
| 15 | harm. | ||||||
| 16 | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | ||||||
| 17 | revised 8-2-21.)
| ||||||
| 18 | (720 ILCS 5/7-9) (from Ch. 38, par. 7-9)
| ||||||
| 19 | Sec. 7-9.
Use of
force to prevent escape.
| ||||||
| 20 | (a) A peace officer or other person who has an arrested | ||||||
| 21 | person in his
custody is justified in the use of such force, | ||||||
| 22 | except deadly force, to prevent the escape of the
arrested | ||||||
| 23 | person from custody as he would be justified in using if he | ||||||
| 24 | were
arresting such person.
| ||||||
| 25 | (b) A guard or other peace officer is justified in the use | ||||||
| |||||||
| |||||||
| 1 | of force,
including force likely to cause death or great | ||||||
| 2 | bodily harm, which he
reasonably believes to be necessary to | ||||||
| 3 | prevent the escape from a penal
institution of a person whom | ||||||
| 4 | the officer reasonably believes to be lawfully
detained in | ||||||
| 5 | such institution under sentence for an offense or awaiting
| ||||||
| 6 | trial or commitment for an offense.
| ||||||
| 7 | (c) Deadly force shall not be used to prevent escape under | ||||||
| 8 | this Section unless, based on the totality of the | ||||||
| 9 | circumstances, deadly force is necessary to prevent death or | ||||||
| 10 | great bodily harm to himself or such other person. | ||||||
| 11 | (Source: Laws 1961, p. 1983; P.A. 101-652.)
| ||||||
| 12 | (720 ILCS 5/9-1) (from Ch. 38, par. 9-1) | ||||||
| 13 | Sec. 9-1. First degree murder; death penalties; | ||||||
| 14 | exceptions; separate
hearings; proof; findings; appellate | ||||||
| 15 | procedures; reversals.
| ||||||
| 16 | (a) A person who kills an individual without lawful | ||||||
| 17 | justification commits
first degree murder if, in performing | ||||||
| 18 | the acts which cause the death:
| ||||||
| 19 | (1) he or she either intends to kill or do great bodily | ||||||
| 20 | harm to that
individual or another, or knows that such | ||||||
| 21 | acts will cause death to that
individual or another; or
| ||||||
| 22 | (2) he or she knows that such acts create a strong | ||||||
| 23 | probability of death or
great bodily harm to that | ||||||
| 24 | individual or another; or
| ||||||
| 25 | (3) he or she, acting alone or with one or more | ||||||
| |||||||
| |||||||
| 1 | participants, commits or attempts to commit a forcible | ||||||
| 2 | felony other than second degree murder, and in the course | ||||||
| 3 | of or in furtherance of such crime or flight therefrom, he | ||||||
| 4 | or she or another participant causes the death of a person | ||||||
| 5 | he or she is attempting or committing a forcible felony | ||||||
| 6 | other than
second degree murder.
| ||||||
| 7 | (b) Aggravating Factors. A defendant who at the time of | ||||||
| 8 | the
commission of the offense has attained the age of 18 or | ||||||
| 9 | more and who has
been found guilty of first degree murder may | ||||||
| 10 | be sentenced to death if:
| ||||||
| 11 | (1) the murdered individual was a peace officer or | ||||||
| 12 | fireman killed in
the course of performing his official | ||||||
| 13 | duties, to prevent the performance
of his or her official | ||||||
| 14 | duties, or in retaliation for performing his or her | ||||||
| 15 | official
duties, and the defendant knew or
should have | ||||||
| 16 | known that the murdered individual was a peace officer or
| ||||||
| 17 | fireman; or
| ||||||
| 18 | (2) the murdered individual was an employee of an | ||||||
| 19 | institution or
facility of the Department of Corrections, | ||||||
| 20 | or any similar local
correctional agency, killed in the | ||||||
| 21 | course of performing his or her official
duties, to | ||||||
| 22 | prevent the performance of his or her official duties, or | ||||||
| 23 | in
retaliation for performing his or her official duties, | ||||||
| 24 | or the murdered
individual was an inmate at such | ||||||
| 25 | institution or facility and was killed on the
grounds | ||||||
| 26 | thereof, or the murdered individual was otherwise present | ||||||
| |||||||
| |||||||
| 1 | in such
institution or facility with the knowledge and | ||||||
| 2 | approval of the chief
administrative officer thereof; or
| ||||||
| 3 | (3) the defendant has been convicted of murdering two | ||||||
| 4 | or more
individuals under subsection (a) of this Section | ||||||
| 5 | or under any law of the
United States or of any state which | ||||||
| 6 | is substantially similar to
subsection (a) of this Section | ||||||
| 7 | regardless of whether the deaths
occurred as the result of | ||||||
| 8 | the same act or of several related or
unrelated acts so | ||||||
| 9 | long as the deaths were the result of either an intent
to | ||||||
| 10 | kill more than one person or of separate acts which
the | ||||||
| 11 | defendant knew would cause death or create a strong | ||||||
| 12 | probability of
death or great bodily harm to the murdered | ||||||
| 13 | individual or another; or
| ||||||
| 14 | (4) the murdered individual was killed as a result of | ||||||
| 15 | the
hijacking of an airplane, train, ship, bus, or other | ||||||
| 16 | public conveyance; or
| ||||||
| 17 | (5) the defendant committed the murder pursuant to a | ||||||
| 18 | contract,
agreement, or understanding by which he or she | ||||||
| 19 | was to receive money or anything
of value in return for | ||||||
| 20 | committing the murder or procured another to
commit the | ||||||
| 21 | murder for money or anything of value; or
| ||||||
| 22 | (6) the murdered individual was killed in the course | ||||||
| 23 | of another felony if:
| ||||||
| 24 | (a) the murdered individual:
| ||||||
| 25 | (i) was actually killed by the defendant, or
| ||||||
| 26 | (ii) received physical injuries personally | ||||||
| |||||||
| |||||||
| 1 | inflicted by the defendant
substantially | ||||||
| 2 | contemporaneously with physical injuries caused by | ||||||
| 3 | one or
more persons for whose conduct the | ||||||
| 4 | defendant is legally accountable under
Section 5-2 | ||||||
| 5 | of this Code, and the physical injuries inflicted | ||||||
| 6 | by either
the defendant or the other person or | ||||||
| 7 | persons for whose conduct he is legally
| ||||||
| 8 | accountable caused the death of the murdered | ||||||
| 9 | individual; and
| ||||||
| 10 | (b) in performing the acts which caused the death | ||||||
| 11 | of the murdered
individual or which resulted in | ||||||
| 12 | physical injuries personally inflicted by
the | ||||||
| 13 | defendant on the murdered individual under the | ||||||
| 14 | circumstances of
subdivision (ii) of subparagraph (a) | ||||||
| 15 | of paragraph (6) of subsection (b) of
this Section, | ||||||
| 16 | the defendant acted with the intent to kill the | ||||||
| 17 | murdered
individual or with the knowledge that his | ||||||
| 18 | acts created a strong probability
of death or great | ||||||
| 19 | bodily harm to the murdered individual or another; and
| ||||||
| 20 | (c) the other felony was an inherently violent | ||||||
| 21 | crime
or the attempt to commit an inherently
violent | ||||||
| 22 | crime.
In this subparagraph (c), "inherently violent | ||||||
| 23 | crime" includes, but is not
limited to, armed robbery, | ||||||
| 24 | robbery, predatory criminal sexual assault of a
child,
| ||||||
| 25 | aggravated criminal sexual assault, aggravated | ||||||
| 26 | kidnapping, aggravated vehicular
hijacking,
aggravated | ||||||
| |||||||
| |||||||
| 1 | arson, aggravated stalking, residential burglary, and | ||||||
| 2 | home
invasion; or
| ||||||
| 3 | (7) the murdered individual was under 12 years of age | ||||||
| 4 | and the
death resulted from exceptionally brutal or | ||||||
| 5 | heinous behavior indicative of
wanton cruelty; or
| ||||||
| 6 | (8) the defendant committed the murder with intent to
| ||||||
| 7 | prevent the murdered individual from testifying or | ||||||
| 8 | participating in any
criminal investigation or prosecution
| ||||||
| 9 | or giving material assistance to the State in any | ||||||
| 10 | investigation or
prosecution, either against the defendant | ||||||
| 11 | or another; or the defendant
committed the murder because | ||||||
| 12 | the murdered individual was a witness in any
prosecution | ||||||
| 13 | or gave material assistance to the State in any | ||||||
| 14 | investigation
or prosecution, either against the defendant | ||||||
| 15 | or another;
for purposes of this paragraph (8), | ||||||
| 16 | "participating in any criminal
investigation
or | ||||||
| 17 | prosecution" is intended to include those appearing in the | ||||||
| 18 | proceedings in
any capacity such as trial judges, | ||||||
| 19 | prosecutors, defense attorneys,
investigators, witnesses, | ||||||
| 20 | or jurors; or
| ||||||
| 21 | (9) the defendant, while committing an offense | ||||||
| 22 | punishable under
Sections 401, 401.1, 401.2, 405, 405.2, | ||||||
| 23 | 407 or 407.1 or subsection (b) of
Section
404 of the | ||||||
| 24 | Illinois Controlled Substances Act, or while engaged in a
| ||||||
| 25 | conspiracy or solicitation to commit such offense, | ||||||
| 26 | intentionally killed an
individual or counseled, | ||||||
| |||||||
| |||||||
| 1 | commanded, induced, procured or caused the
intentional | ||||||
| 2 | killing of the murdered individual; or
| ||||||
| 3 | (10) the defendant was incarcerated in an institution | ||||||
| 4 | or facility of
the Department of Corrections at the time | ||||||
| 5 | of the murder, and while
committing an offense punishable | ||||||
| 6 | as a felony under Illinois law, or while
engaged in a | ||||||
| 7 | conspiracy or solicitation to commit such offense,
| ||||||
| 8 | intentionally killed an individual or counseled, | ||||||
| 9 | commanded, induced,
procured or caused the intentional | ||||||
| 10 | killing of the murdered individual; or
| ||||||
| 11 | (11) the murder was committed in a cold, calculated | ||||||
| 12 | and premeditated
manner pursuant to a preconceived plan, | ||||||
| 13 | scheme or design to take a human
life by unlawful means, | ||||||
| 14 | and the conduct of the defendant created a
reasonable | ||||||
| 15 | expectation that the death of a human being would result
| ||||||
| 16 | therefrom; or
| ||||||
| 17 | (12) the murdered individual was an emergency medical | ||||||
| 18 | technician -
ambulance, emergency medical technician - | ||||||
| 19 | intermediate, emergency medical
technician - paramedic, | ||||||
| 20 | ambulance driver, or
other medical assistance or first aid | ||||||
| 21 | personnel, employed by a municipality
or other | ||||||
| 22 | governmental unit, killed in the course of performing his | ||||||
| 23 | official
duties, to prevent the performance of his | ||||||
| 24 | official duties, or in retaliation
for performing his | ||||||
| 25 | official duties, and the defendant knew or should have
| ||||||
| 26 | known that the murdered individual was an emergency | ||||||
| |||||||
| |||||||
| 1 | medical technician -
ambulance, emergency medical | ||||||
| 2 | technician - intermediate, emergency medical
technician - | ||||||
| 3 | paramedic, ambulance driver, or
other medical assistance | ||||||
| 4 | or first aid personnel; or
| ||||||
| 5 | (13) the defendant was a principal administrator, | ||||||
| 6 | organizer, or leader
of a calculated criminal drug | ||||||
| 7 | conspiracy consisting of a hierarchical position
of | ||||||
| 8 | authority superior to that of all other members of the | ||||||
| 9 | conspiracy, and the
defendant counseled, commanded, | ||||||
| 10 | induced, procured, or caused the intentional
killing of | ||||||
| 11 | the murdered person;
or
| ||||||
| 12 | (14) the murder was intentional and involved the | ||||||
| 13 | infliction of torture.
For
the purpose of this Section | ||||||
| 14 | torture means the infliction of or subjection to
extreme | ||||||
| 15 | physical pain, motivated by an intent to increase or | ||||||
| 16 | prolong the pain,
suffering or agony of the victim; or
| ||||||
| 17 | (15) the murder was committed as a result of the | ||||||
| 18 | intentional discharge
of a firearm by the defendant from a | ||||||
| 19 | motor vehicle and the victim was not
present within the | ||||||
| 20 | motor vehicle; or
| ||||||
| 21 | (16) the murdered individual was 60 years of age or | ||||||
| 22 | older and the death
resulted
from exceptionally brutal or | ||||||
| 23 | heinous behavior indicative of wanton cruelty; or
| ||||||
| 24 | (17) the murdered individual was a person with a | ||||||
| 25 | disability and the defendant knew
or
should have known | ||||||
| 26 | that the murdered individual was a person with a | ||||||
| |||||||
| |||||||
| 1 | disability. For purposes of
this paragraph (17), "person | ||||||
| 2 | with a disability" means a person who suffers from a
| ||||||
| 3 | permanent physical or mental impairment resulting from | ||||||
| 4 | disease, an injury,
a functional disorder, or a congenital | ||||||
| 5 | condition that renders the person
incapable of
adequately | ||||||
| 6 | providing for his or her own health or personal care; or
| ||||||
| 7 | (18) the murder was committed by reason of any | ||||||
| 8 | person's activity as a
community policing volunteer or to | ||||||
| 9 | prevent any person from engaging in activity
as a | ||||||
| 10 | community policing volunteer; or
| ||||||
| 11 | (19) the murdered individual was subject to an order | ||||||
| 12 | of protection and the
murder was committed by a person | ||||||
| 13 | against whom the same order of protection was
issued under | ||||||
| 14 | the Illinois Domestic Violence Act of 1986; or
| ||||||
| 15 | (20) the murdered individual was known by the | ||||||
| 16 | defendant to be a teacher or
other person employed in any | ||||||
| 17 | school and the teacher or other employee is upon
the | ||||||
| 18 | grounds of a school or grounds adjacent to a school, or is | ||||||
| 19 | in any part of a
building used for school purposes; or
| ||||||
| 20 | (21) the murder was committed by the defendant in | ||||||
| 21 | connection with or as
a
result of the offense of terrorism | ||||||
| 22 | as defined in Section 29D-14.9 of this
Code; or
| ||||||
| 23 | (22) the murdered individual was a member of a | ||||||
| 24 | congregation engaged in prayer or other religious | ||||||
| 25 | activities at a church, synagogue, mosque, or other | ||||||
| 26 | building, structure, or place used for religious worship. | ||||||
| |||||||
| |||||||
| 1 | (b-5) Aggravating Factor; Natural Life Imprisonment. A | ||||||
| 2 | defendant who has been found guilty of first degree murder and | ||||||
| 3 | who at the time of the commission of the offense had attained | ||||||
| 4 | the age of 18 years or more may be sentenced to natural life | ||||||
| 5 | imprisonment if
(i) the murdered individual was a physician, | ||||||
| 6 | physician assistant, psychologist, nurse, or advanced practice | ||||||
| 7 | registered nurse, (ii) the defendant knew or should have
known | ||||||
| 8 | that the murdered individual was a physician, physician | ||||||
| 9 | assistant, psychologist, nurse, or advanced practice | ||||||
| 10 | registered nurse, and (iii) the murdered individual was killed | ||||||
| 11 | in the course of acting in his or her capacity as a physician, | ||||||
| 12 | physician assistant, psychologist, nurse, or advanced practice | ||||||
| 13 | registered nurse, or to prevent him or her from acting in that | ||||||
| 14 | capacity, or in retaliation
for his or her acting in that | ||||||
| 15 | capacity. | ||||||
| 16 | (c) Consideration of factors in Aggravation and | ||||||
| 17 | Mitigation.
| ||||||
| 18 | The court shall consider, or shall instruct the jury to | ||||||
| 19 | consider any
aggravating and any mitigating factors which are | ||||||
| 20 | relevant to the
imposition of the death penalty. Aggravating | ||||||
| 21 | factors may include but
need not be limited to those factors | ||||||
| 22 | set forth in subsection (b).
Mitigating factors may include | ||||||
| 23 | but need not be limited to the following:
| ||||||
| 24 | (1) the defendant has no significant history of prior | ||||||
| 25 | criminal
activity;
| ||||||
| 26 | (2) the murder was committed while the defendant was | ||||||
| |||||||
| |||||||
| 1 | under
the influence of extreme mental or emotional | ||||||
| 2 | disturbance, although not such
as to constitute a defense | ||||||
| 3 | to prosecution;
| ||||||
| 4 | (3) the murdered individual was a participant in the
| ||||||
| 5 | defendant's homicidal conduct or consented to the | ||||||
| 6 | homicidal act;
| ||||||
| 7 | (4) the defendant acted under the compulsion of threat | ||||||
| 8 | or
menace of the imminent infliction of death or great | ||||||
| 9 | bodily harm;
| ||||||
| 10 | (5) the defendant was not personally present during
| ||||||
| 11 | commission of the act or acts causing death;
| ||||||
| 12 | (6) the defendant's background includes a history of | ||||||
| 13 | extreme emotional
or physical abuse;
| ||||||
| 14 | (7) the defendant suffers from a reduced mental | ||||||
| 15 | capacity.
| ||||||
| 16 | Provided, however, that an action that does not otherwise | ||||||
| 17 | mitigate first degree murder cannot qualify as a mitigating | ||||||
| 18 | factor for first degree murder because of the discovery, | ||||||
| 19 | knowledge, or disclosure of the victim's sexual orientation as | ||||||
| 20 | defined in Section 1-103 of the Illinois Human Rights Act. | ||||||
| 21 | (d) Separate sentencing hearing.
| ||||||
| 22 | Where requested by the State, the court shall conduct a | ||||||
| 23 | separate
sentencing proceeding to determine the existence of | ||||||
| 24 | factors set forth in
subsection (b) and to consider any | ||||||
| 25 | aggravating or mitigating factors as
indicated in subsection | ||||||
| 26 | (c). The proceeding shall be conducted:
| ||||||
| |||||||
| |||||||
| 1 | (1) before the jury that determined the defendant's | ||||||
| 2 | guilt; or
| ||||||
| 3 | (2) before a jury impanelled for the purpose of the | ||||||
| 4 | proceeding if:
| ||||||
| 5 | A. the defendant was convicted upon a plea of | ||||||
| 6 | guilty; or
| ||||||
| 7 | B. the defendant was convicted after a trial | ||||||
| 8 | before the court
sitting without a jury; or
| ||||||
| 9 | C. the court for good cause shown discharges the | ||||||
| 10 | jury that
determined the defendant's guilt; or
| ||||||
| 11 | (3) before the court alone if the defendant waives a | ||||||
| 12 | jury
for the separate proceeding.
| ||||||
| 13 | (e) Evidence and Argument.
| ||||||
| 14 | During the proceeding any information relevant to any of | ||||||
| 15 | the factors
set forth in subsection (b) may be presented by | ||||||
| 16 | either the State or the
defendant under the rules governing | ||||||
| 17 | the admission of evidence at
criminal trials. Any information | ||||||
| 18 | relevant to any additional aggravating
factors or any | ||||||
| 19 | mitigating factors indicated in subsection (c) may be
| ||||||
| 20 | presented by the State or defendant regardless of its | ||||||
| 21 | admissibility
under the rules governing the admission of | ||||||
| 22 | evidence at criminal trials.
The State and the defendant shall | ||||||
| 23 | be given fair opportunity to rebut any
information received at | ||||||
| 24 | the hearing.
| ||||||
| 25 | (f) Proof.
| ||||||
| 26 | The burden of proof of establishing the existence of any | ||||||
| |||||||
| |||||||
| 1 | of the
factors set forth in subsection (b) is on the State and | ||||||
| 2 | shall not be
satisfied unless established beyond a reasonable | ||||||
| 3 | doubt.
| ||||||
| 4 | (g) Procedure - Jury.
| ||||||
| 5 | If at the separate sentencing proceeding the jury finds | ||||||
| 6 | that none of
the factors set forth in subsection (b) exists, | ||||||
| 7 | the court shall sentence
the defendant to a term of | ||||||
| 8 | imprisonment under Chapter V of the Unified
Code of | ||||||
| 9 | Corrections. If there is a unanimous finding by the jury that
| ||||||
| 10 | one or more of the factors set forth in subsection (b) exist, | ||||||
| 11 | the jury
shall consider aggravating and mitigating factors as | ||||||
| 12 | instructed by the
court and shall determine whether the | ||||||
| 13 | sentence of death shall be
imposed. If the jury determines | ||||||
| 14 | unanimously, after weighing the factors in
aggravation and | ||||||
| 15 | mitigation, that death is the appropriate sentence, the court | ||||||
| 16 | shall sentence the defendant to death.
If the court does not | ||||||
| 17 | concur with the jury determination that death is the
| ||||||
| 18 | appropriate sentence, the court shall set forth reasons in | ||||||
| 19 | writing
including what facts or circumstances the court relied | ||||||
| 20 | upon,
along with any relevant
documents, that compelled the | ||||||
| 21 | court to non-concur with the sentence. This
document and any | ||||||
| 22 | attachments shall be part of the record for appellate
review. | ||||||
| 23 | The court shall be bound by the jury's sentencing | ||||||
| 24 | determination.
| ||||||
| 25 | If after weighing the factors in aggravation and | ||||||
| 26 | mitigation, one or more
jurors determines that death is not | ||||||
| |||||||
| |||||||
| 1 | the appropriate sentence,
the
court shall sentence the | ||||||
| 2 | defendant to a term of imprisonment under
Chapter V of the | ||||||
| 3 | Unified Code of Corrections.
| ||||||
| 4 | (h) Procedure - No Jury.
| ||||||
| 5 | In a proceeding before the court alone, if the court finds | ||||||
| 6 | that none
of the factors found in subsection (b) exists, the | ||||||
| 7 | court shall sentence
the defendant to a term of imprisonment | ||||||
| 8 | under Chapter V of the Unified
Code of Corrections.
| ||||||
| 9 | If the Court determines that one or more of the factors set | ||||||
| 10 | forth in
subsection (b) exists, the Court shall consider any | ||||||
| 11 | aggravating and
mitigating factors as indicated in subsection | ||||||
| 12 | (c). If the Court
determines, after weighing the factors in | ||||||
| 13 | aggravation and mitigation, that
death is the appropriate | ||||||
| 14 | sentence, the Court shall sentence the
defendant to death.
| ||||||
| 15 | If
the court finds that death is not the
appropriate | ||||||
| 16 | sentence, the
court shall sentence the defendant to a term of | ||||||
| 17 | imprisonment under
Chapter V of the Unified Code of | ||||||
| 18 | Corrections.
| ||||||
| 19 | (h-5) Decertification as a capital case.
| ||||||
| 20 | In a case in which the defendant has been found guilty of | ||||||
| 21 | first degree murder
by a judge or jury, or a case on remand for | ||||||
| 22 | resentencing, and the State seeks
the death penalty as an | ||||||
| 23 | appropriate
sentence,
on the court's own motion or the written | ||||||
| 24 | motion of the defendant, the court
may decertify the case as a | ||||||
| 25 | death penalty case if the court finds that the only
evidence | ||||||
| 26 | supporting the defendant's conviction is the uncorroborated | ||||||
| |||||||
| |||||||
| 1 | testimony
of an informant witness, as defined in Section | ||||||
| 2 | 115-21 of the Code of Criminal
Procedure of 1963, concerning | ||||||
| 3 | the confession or admission of the defendant or
that the sole | ||||||
| 4 | evidence against the defendant is a single eyewitness or | ||||||
| 5 | single
accomplice without any other corroborating evidence.
If | ||||||
| 6 | the court decertifies the case as a capital case
under either | ||||||
| 7 | of the grounds set forth above, the court shall issue a
written | ||||||
| 8 | finding. The State may pursue its right to appeal the | ||||||
| 9 | decertification
pursuant to Supreme Court Rule 604(a)(1). If | ||||||
| 10 | the court does not
decertify the case as a capital case, the | ||||||
| 11 | matter shall proceed to the
eligibility phase of the | ||||||
| 12 | sentencing hearing.
| ||||||
| 13 | (i) Appellate Procedure.
| ||||||
| 14 | The conviction and sentence of death shall be subject to | ||||||
| 15 | automatic
review by the Supreme Court. Such review shall be in | ||||||
| 16 | accordance with
rules promulgated by the Supreme Court.
The | ||||||
| 17 | Illinois Supreme Court may overturn the death sentence, and | ||||||
| 18 | order the
imposition of imprisonment under Chapter V of the | ||||||
| 19 | Unified Code of
Corrections if the court finds that the death | ||||||
| 20 | sentence is fundamentally
unjust as applied to the particular | ||||||
| 21 | case.
If the Illinois Supreme Court finds that the
death | ||||||
| 22 | sentence is fundamentally unjust as applied to the particular | ||||||
| 23 | case,
independent of any procedural grounds for relief, the | ||||||
| 24 | Illinois Supreme Court
shall issue a written opinion | ||||||
| 25 | explaining this finding.
| ||||||
| 26 | (j) Disposition of reversed death sentence.
| ||||||
| |||||||
| |||||||
| 1 | In the event that the death penalty in this Act is held to | ||||||
| 2 | be
unconstitutional by the Supreme Court of the United States | ||||||
| 3 | or of the
State of Illinois, any person convicted of first | ||||||
| 4 | degree murder shall be
sentenced by the court to a term of | ||||||
| 5 | imprisonment under Chapter V of the
Unified Code of | ||||||
| 6 | Corrections.
| ||||||
| 7 | In the event that any death sentence pursuant to the | ||||||
| 8 | sentencing
provisions of this Section is declared | ||||||
| 9 | unconstitutional by the Supreme
Court of the United States or | ||||||
| 10 | of the State of Illinois, the court having
jurisdiction over a | ||||||
| 11 | person previously sentenced to death shall cause the
defendant | ||||||
| 12 | to be brought before the court, and the court shall sentence
| ||||||
| 13 | the defendant to a term of imprisonment under Chapter V of the
| ||||||
| 14 | Unified Code of Corrections.
| ||||||
| 15 | (k) Guidelines for seeking the death penalty.
| ||||||
| 16 | The Attorney General and
State's Attorneys Association | ||||||
| 17 | shall consult on voluntary guidelines for
procedures governing | ||||||
| 18 | whether or not to seek the death penalty. The guidelines
do not
| ||||||
| 19 | have the force of law and are only advisory in nature.
| ||||||
| 20 | (Source: P.A. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18; | ||||||
| 21 | 100-863, eff. 8-14-18; 101-223, eff. 1-1-20; 101-652.)
| ||||||
| 22 | (720 ILCS 5/33-3) (from Ch. 38, par. 33-3)
| ||||||
| 23 | Sec. 33-3. Official
misconduct. | ||||||
| 24 | (a) A public officer or employee or special government | ||||||
| 25 | agent commits misconduct
when, in his official capacity or | ||||||
| |||||||
| |||||||
| 1 | capacity as a special government agent, he or she commits any | ||||||
| 2 | of the following acts:
| ||||||
| 3 | (1) Intentionally or recklessly fails to perform any | ||||||
| 4 | mandatory duty as
required by law; or
| ||||||
| 5 | (2) Knowingly performs an act which he knows he is | ||||||
| 6 | forbidden by law to
perform; or
| ||||||
| 7 | (3) With intent to obtain a personal advantage for | ||||||
| 8 | himself or another,
he performs an act in excess of his | ||||||
| 9 | lawful authority; or
| ||||||
| 10 | (4) Solicits or knowingly accepts for the performance | ||||||
| 11 | of any act a fee
or reward which he knows is not authorized | ||||||
| 12 | by law.
| ||||||
| 13 | (b) An employee of a law enforcement agency commits | ||||||
| 14 | misconduct when he or she knowingly uses or communicates, | ||||||
| 15 | directly or indirectly, information acquired in the course of | ||||||
| 16 | employment, with the intent to obstruct, impede, or prevent | ||||||
| 17 | the investigation, apprehension, or prosecution of any | ||||||
| 18 | criminal offense or person. Nothing in this subsection (b) | ||||||
| 19 | shall be construed to impose liability for communicating to a | ||||||
| 20 | confidential resource, who is participating or aiding law | ||||||
| 21 | enforcement, in an ongoing investigation. | ||||||
| 22 | (c) A public officer or employee or special government | ||||||
| 23 | agent
convicted of violating any provision of
this Section | ||||||
| 24 | forfeits his or her office or employment or position as a | ||||||
| 25 | special government agent. In addition, he or she commits a
| ||||||
| 26 | Class
3 felony. | ||||||
| |||||||
| |||||||
| 1 | (d) For purposes of this Section: | ||||||
| 2 | "Special , "special government agent" has the meaning | ||||||
| 3 | ascribed to it in subsection (l) of Section 4A-101 of the | ||||||
| 4 | Illinois Governmental Ethics Act.
| ||||||
| 5 | (Source: P.A. 98-867, eff. 1-1-15; 101-652.)
| ||||||
| 6 | (720 ILCS 5/7-15 rep.) | ||||||
| 7 | (720 ILCS 5/7-16 rep.) | ||||||
| 8 | (720 ILCS 5/33-9 rep.) | ||||||
| 9 | Section 215. The Criminal Code of 2012 is amended by | ||||||
| 10 | repealing Sections 7-15, 7-16, and 33-9.
| ||||||
| 11 | Section 220. The Code of Criminal Procedure of 1963 is | ||||||
| 12 | amended by changing the heading of Article 110 and by changing | ||||||
| 13 | Sections 102-6, 102-7, 103-5, 103-7, 103-9, 104-13, 104-17, | ||||||
| 14 | 106D-1, 107-4, 107-9, 109-1, 109-2, 109-3, 109-3.1, 110-1, | ||||||
| 15 | 110-2, 110-3, 110-4, 110-5, 110-5.2, 110-6, 110-6.1, 110-6.2, | ||||||
| 16 | 110-6.4, 110-10, 110-11, 110-12, 111-2, 112A-23, 114-1, | ||||||
| 17 | 115-4.1, and 122-6 as follows:
| ||||||
| 18 | (725 ILCS 5/102-6) (from Ch. 38, par. 102-6)
| ||||||
| 19 | Sec. 102-6. Pretrial release "Bail".
| ||||||
| 20 | "Pretrial release" "Bail" has the meaning ascribed to bail | ||||||
| 21 | in Section 9 of Article I of the Illinois Constitution that is | ||||||
| 22 | non-monetary means the amount of money set by the court which | ||||||
| 23 | is required to
be obligated and secured as provided by law for | ||||||
| |||||||
| |||||||
| 1 | the release of a person in
custody in order that he will appear | ||||||
| 2 | before the court in which his
appearance may be required and | ||||||
| 3 | that he will comply with such conditions as
set forth in the | ||||||
| 4 | bail bond.
| ||||||
| 5 | (Source: Laws 1963, p. 2836; P.A. 101-652.)
| ||||||
| 6 | (725 ILCS 5/102-7) (from Ch. 38, par. 102-7)
| ||||||
| 7 | Sec. 102-7.
Conditions of pretrial release "Bail
bond".
| ||||||
| 8 | "Conditions of pretrial release" "Bail bond" means the | ||||||
| 9 | conditions established by the court an undertaking secured by | ||||||
| 10 | bail entered into by a
person in custody by which he binds | ||||||
| 11 | himself to comply with such conditions
as are set forth | ||||||
| 12 | therein.
| ||||||
| 13 | (Source: Laws 1963, p. 2836; P.A. 101-652.)
| ||||||
| 14 | (725 ILCS 5/103-5) (from Ch. 38, par. 103-5)
| ||||||
| 15 | Sec. 103-5. Speedy trial.) | ||||||
| 16 | (a) Every person in custody in this State for an alleged | ||||||
| 17 | offense shall
be tried by the court having jurisdiction within | ||||||
| 18 | 120 days from the date he or she
was taken into custody unless | ||||||
| 19 | delay is occasioned by the defendant, by an
examination for | ||||||
| 20 | fitness ordered pursuant to Section 104-13 of this Act, by
a | ||||||
| 21 | fitness hearing, by an adjudication of unfitness to stand | ||||||
| 22 | trial, by a
continuance allowed pursuant to Section 114-4 of | ||||||
| 23 | this Act after a court's
determination of the defendant's | ||||||
| 24 | physical incapacity for trial, or by an
interlocutory appeal. | ||||||
| |||||||
| |||||||
| 1 | Delay shall be considered to be agreed to by the
defendant | ||||||
| 2 | unless he or she objects to the delay by making a written | ||||||
| 3 | demand for
trial or an oral demand for trial on the record. The | ||||||
| 4 | provisions of this subsection
(a) do not apply to a person on | ||||||
| 5 | pretrial release bail or recognizance for an offense
but who | ||||||
| 6 | is in custody for a violation of his or her parole, aftercare | ||||||
| 7 | release, or mandatory
supervised release for another offense.
| ||||||
| 8 | The 120-day term must be one continuous period of | ||||||
| 9 | incarceration. In
computing the 120-day term, separate periods | ||||||
| 10 | of incarceration may not be
combined. If a defendant is taken | ||||||
| 11 | into custody a second (or subsequent) time
for the same | ||||||
| 12 | offense, the term will begin again at day zero.
| ||||||
| 13 | (b) Every person on pretrial release bail or recognizance | ||||||
| 14 | shall be tried by the court
having jurisdiction within 160 | ||||||
| 15 | days from the date defendant demands
trial unless delay is | ||||||
| 16 | occasioned by the defendant, by an examination for
fitness | ||||||
| 17 | ordered pursuant to Section 104-13 of this Act, by a fitness
| ||||||
| 18 | hearing, by an adjudication of unfitness to stand trial, by a | ||||||
| 19 | continuance
allowed pursuant to Section 114-4 of this Act | ||||||
| 20 | after a court's determination
of the defendant's physical | ||||||
| 21 | incapacity for trial, or by an interlocutory
appeal. The | ||||||
| 22 | defendant's failure to appear for any court date set by the
| ||||||
| 23 | court operates to waive the defendant's demand for trial made | ||||||
| 24 | under this
subsection.
| ||||||
| 25 | For purposes of computing the 160 day period under this | ||||||
| 26 | subsection (b),
every person who was in custody for an alleged | ||||||
| |||||||
| |||||||
| 1 | offense and demanded trial
and is subsequently released on | ||||||
| 2 | pretrial release bail or recognizance and demands trial,
shall | ||||||
| 3 | be given credit for time spent in custody following the making | ||||||
| 4 | of the
demand while in custody. Any demand for trial made under | ||||||
| 5 | this
subsection (b)
shall be in writing; and in the
case of a | ||||||
| 6 | defendant not in custody, the
demand for trial shall include | ||||||
| 7 | the date of any prior demand made under this
provision while | ||||||
| 8 | the defendant was in custody.
| ||||||
| 9 | (c) If the court determines that the State has exercised | ||||||
| 10 | without
success due diligence to obtain evidence material to | ||||||
| 11 | the case and that
there are reasonable grounds to believe that | ||||||
| 12 | such evidence may be
obtained at a later day the court may | ||||||
| 13 | continue the cause on application
of the State for not more | ||||||
| 14 | than an additional 60 days. If the court
determines that the | ||||||
| 15 | State has exercised without success due diligence to
obtain | ||||||
| 16 | results of DNA testing that is material to the case and that | ||||||
| 17 | there
are reasonable grounds to believe that such results may | ||||||
| 18 | be obtained at a
later day, the court may continue the cause on | ||||||
| 19 | application of the State for
not more than an additional 120 | ||||||
| 20 | days.
| ||||||
| 21 | (d) Every person not tried in accordance with subsections | ||||||
| 22 | (a), (b)
and (c) of this Section shall be discharged from | ||||||
| 23 | custody or released
from the obligations of his pretrial | ||||||
| 24 | release bail or recognizance.
| ||||||
| 25 | (e) If a person is simultaneously in custody upon more | ||||||
| 26 | than one
charge pending against him in the same county, or | ||||||
| |||||||
| |||||||
| 1 | simultaneously demands
trial upon more than one charge pending | ||||||
| 2 | against him in the same county,
he shall be tried, or adjudged | ||||||
| 3 | guilty after waiver of trial, upon at
least one such charge | ||||||
| 4 | before expiration relative to any of such pending
charges of | ||||||
| 5 | the period prescribed by subsections (a) and (b) of this
| ||||||
| 6 | Section. Such person shall be tried upon all of the remaining | ||||||
| 7 | charges
thus pending within 160 days from the date on which | ||||||
| 8 | judgment relative to
the first charge thus prosecuted is | ||||||
| 9 | rendered pursuant to the Unified Code of
Corrections or, if | ||||||
| 10 | such trial upon such first charge is terminated
without | ||||||
| 11 | judgment and there is no subsequent trial of, or adjudication | ||||||
| 12 | of
guilt after waiver of trial of, such first charge within a | ||||||
| 13 | reasonable
time, the person shall be tried upon all of the | ||||||
| 14 | remaining charges thus
pending within 160 days from the date | ||||||
| 15 | on which such trial is terminated;
if either such period of 160 | ||||||
| 16 | days expires without the commencement of
trial of, or | ||||||
| 17 | adjudication of guilt after waiver of trial of, any of such
| ||||||
| 18 | remaining charges thus pending, such charge or charges shall | ||||||
| 19 | be
dismissed and barred for want of prosecution unless delay | ||||||
| 20 | is occasioned
by the defendant, by an examination for fitness | ||||||
| 21 | ordered pursuant to
Section 104-13 of this Act, by a fitness | ||||||
| 22 | hearing, by an adjudication
of unfitness for trial, by a | ||||||
| 23 | continuance allowed pursuant to Section
114-4 of this Act | ||||||
| 24 | after a court's determination of the defendant's
physical | ||||||
| 25 | incapacity for trial, or by an interlocutory appeal; provided,
| ||||||
| 26 | however, that if the court determines that the State has | ||||||
| |||||||
| |||||||
| 1 | exercised
without success due diligence to obtain evidence | ||||||
| 2 | material to the case
and that there are reasonable grounds to | ||||||
| 3 | believe that such evidence may
be obtained at a later day the | ||||||
| 4 | court may continue the cause on
application of the State for | ||||||
| 5 | not more than an additional 60 days.
| ||||||
| 6 | (f) Delay occasioned by the defendant shall temporarily | ||||||
| 7 | suspend for
the time of the delay the period within which a | ||||||
| 8 | person shall be tried as
prescribed by subsections (a), (b), | ||||||
| 9 | or (e) of this Section and on the
day of expiration of the | ||||||
| 10 | delay the said period shall continue at the
point at which it | ||||||
| 11 | was suspended. Where such delay occurs within 21 days
of the | ||||||
| 12 | end of the period within which a person shall be tried as
| ||||||
| 13 | prescribed by subsections (a), (b), or (e) of this Section, | ||||||
| 14 | the court
may continue the cause on application of the State | ||||||
| 15 | for not more than an
additional 21 days beyond the period | ||||||
| 16 | prescribed by subsections (a), (b), or
(e). This subsection | ||||||
| 17 | (f) shall become effective on, and apply to persons
charged | ||||||
| 18 | with alleged offenses committed on or after, March 1, 1977.
| ||||||
| 19 | (Source: P.A. 98-558, eff. 1-1-14; 101-652.)
| ||||||
| 20 | (725 ILCS 5/103-7) (from Ch. 38, par. 103-7)
| ||||||
| 21 | Sec. 103-7. Posting notice of rights.
| ||||||
| 22 | Every sheriff, chief of police or other person who is in | ||||||
| 23 | charge of any
jail, police station or other building where | ||||||
| 24 | persons under arrest are held
in custody pending | ||||||
| 25 | investigation, pretrial release bail or other criminal | ||||||
| |||||||
| |||||||
| 1 | proceedings, shall
post in every room, other than cells, of | ||||||
| 2 | such buildings where persons are
held in custody, in | ||||||
| 3 | conspicuous places where it may be seen and read by
persons in | ||||||
| 4 | custody and others, a poster, printed in large type, | ||||||
| 5 | containing
a verbatim copy in the English language of the | ||||||
| 6 | provisions of Sections 103-2,
103-3, 103-4, 109-1, 110-2, | ||||||
| 7 | 110-4, and sub-parts (a) and (b) of
Sections 110-7 and 113-3 of | ||||||
| 8 | this Code. Each person who is in charge of
any courthouse or | ||||||
| 9 | other building in which any trial of an offense is
conducted | ||||||
| 10 | shall post in each room primarily used for such trials and in
| ||||||
| 11 | each room in which defendants are confined or wait, pending | ||||||
| 12 | trial, in
conspicuous places where it may be seen and read by | ||||||
| 13 | persons in custody and
others, a poster, printed in large | ||||||
| 14 | type, containing a verbatim copy in the
English language of | ||||||
| 15 | the provisions of Sections 103-6, 113-1, 113-4 and
115-1 and | ||||||
| 16 | of subparts (a) and (b) of Section 113-3 of this Code.
| ||||||
| 17 | (Source: Laws 1965, p. 2622; P.A. 101-652.)
| ||||||
| 18 | (725 ILCS 5/103-9) (from Ch. 38, par. 103-9)
| ||||||
| 19 | Sec. 103-9. Bail bondsmen. No bail bondsman from any state | ||||||
| 20 | may seize
or transport unwillingly any person found in this | ||||||
| 21 | State who is allegedly in
violation of a bail bond posted in | ||||||
| 22 | some other state or conditions of pretrial release. The return | ||||||
| 23 | of any
such person to another state may be accomplished only as | ||||||
| 24 | provided by the
laws of this State. Any bail bondsman who | ||||||
| 25 | violates this Section is fully
subject to the criminal and | ||||||
| |||||||
| |||||||
| 1 | civil penalties provided by the laws of this
State for his | ||||||
| 2 | actions.
| ||||||
| 3 | (Source: P.A. 84-694; 101-652.)
| ||||||
| 4 | (725 ILCS 5/104-13) (from Ch. 38, par. 104-13)
| ||||||
| 5 | Sec. 104-13. Fitness Examination.
| ||||||
| 6 | (a) When the issue of fitness involves
the defendant's | ||||||
| 7 | mental condition, the court shall order an examination of
the | ||||||
| 8 | defendant by one or more licensed physicians, clinical | ||||||
| 9 | psychologists,
or psychiatrists chosen by the court. No | ||||||
| 10 | physician, clinical
psychologist or psychiatrist employed by | ||||||
| 11 | the Department of Human Services shall
be ordered to perform,
| ||||||
| 12 | in his official capacity, an examination under this Section.
| ||||||
| 13 | (b) If the issue of fitness involves the defendant's | ||||||
| 14 | physical condition,
the court shall appoint one or more | ||||||
| 15 | physicians and in addition, such other
experts as it may deem | ||||||
| 16 | appropriate to examine the defendant and to report
to the | ||||||
| 17 | court regarding the defendant's condition.
| ||||||
| 18 | (c) An examination ordered under this Section shall be | ||||||
| 19 | given at the place
designated by the person who will conduct | ||||||
| 20 | the examination, except that if
the defendant is being held in | ||||||
| 21 | custody, the examination shall take place
at such location as | ||||||
| 22 | the court directs. No examinations under this
Section shall be | ||||||
| 23 | ordered to take place at mental health or developmental
| ||||||
| 24 | disabilities facilities operated by the Department of Human | ||||||
| 25 | Services.
If the defendant fails to keep appointments
without | ||||||
| |||||||
| |||||||
| 1 | reasonable cause or if the person conducting the examination | ||||||
| 2 | reports
to the court that diagnosis requires hospitalization | ||||||
| 3 | or extended observation,
the court may order the defendant | ||||||
| 4 | admitted to an appropriate facility for
an examination, other | ||||||
| 5 | than a screening examination, for not more than 7
days. The | ||||||
| 6 | court may, upon a showing of good cause, grant an additional
7 | ||||||
| 7 | days to complete the examination.
| ||||||
| 8 | (d) Release on pretrial release bail or on recognizance | ||||||
| 9 | shall not be revoked and an
application therefor shall not be | ||||||
| 10 | denied on the grounds that an examination
has been ordered.
| ||||||
| 11 | (e) Upon request by the defense and if the defendant is | ||||||
| 12 | indigent, the
court may appoint, in addition to the expert or | ||||||
| 13 | experts chosen pursuant to
subsection (a) of this Section, a | ||||||
| 14 | qualified expert selected by the defendant
to examine him and | ||||||
| 15 | to make a report as provided in Section 104-15. Upon
the filing | ||||||
| 16 | with the court of a verified statement of services rendered, | ||||||
| 17 | the
court shall enter an order on the county board to pay such | ||||||
| 18 | expert a
reasonable fee stated in the order.
| ||||||
| 19 | (Source: P.A. 89-507, eff. 7-1-97; 101-652.)
| ||||||
| 20 | (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
| ||||||
| 21 | Sec. 104-17. Commitment for treatment; treatment plan.
| ||||||
| 22 | (a) If the defendant
is eligible to be or has been released | ||||||
| 23 | on pretrial release bail or on his own recognizance,
the court | ||||||
| 24 | shall select the least physically restrictive form of | ||||||
| 25 | treatment
therapeutically appropriate and consistent with the | ||||||
| |||||||
| |||||||
| 1 | treatment plan. The placement may be ordered either on an | ||||||
| 2 | inpatient or an outpatient basis.
| ||||||
| 3 | (b) If the defendant's disability is mental, the court may | ||||||
| 4 | order him placed
for treatment in the custody of the | ||||||
| 5 | Department of Human Services, or the court may order him | ||||||
| 6 | placed in
the custody of any other
appropriate public or | ||||||
| 7 | private mental health facility or treatment program
which has | ||||||
| 8 | agreed to provide treatment to the defendant. If the court | ||||||
| 9 | orders the defendant placed in the custody of the Department | ||||||
| 10 | of Human Services, the Department shall evaluate the defendant | ||||||
| 11 | to determine to which secure facility the defendant shall be | ||||||
| 12 | transported and, within 20 days of the transmittal by the | ||||||
| 13 | clerk of the circuit court of the placement court order, | ||||||
| 14 | notify the sheriff of the designated facility. Upon receipt of | ||||||
| 15 | that notice, the sheriff shall promptly transport the | ||||||
| 16 | defendant to the designated facility. If the defendant
is | ||||||
| 17 | placed in the custody of the Department of Human Services, the | ||||||
| 18 | defendant shall be placed in a
secure setting. During
the | ||||||
| 19 | period of time required to determine the appropriate placement | ||||||
| 20 | the
defendant shall remain in jail. If during the course of | ||||||
| 21 | evaluating the defendant for placement, the Department of | ||||||
| 22 | Human Services determines that the defendant is currently fit | ||||||
| 23 | to stand trial, it shall immediately notify the court and | ||||||
| 24 | shall submit a written report within 7 days. In that | ||||||
| 25 | circumstance the placement shall be held pending a court | ||||||
| 26 | hearing on the Department's report. Otherwise, upon completion | ||||||
| |||||||
| |||||||
| 1 | of the placement process, the
sheriff shall be notified and | ||||||
| 2 | shall transport the defendant to the designated
facility. If, | ||||||
| 3 | within 20 days of the transmittal by the clerk of the circuit | ||||||
| 4 | court of the placement court order, the Department fails to | ||||||
| 5 | notify the sheriff of the identity of the facility to which the | ||||||
| 6 | defendant shall be transported, the sheriff shall contact a | ||||||
| 7 | designated person within the Department to inquire about when | ||||||
| 8 | a placement will become available at the designated facility | ||||||
| 9 | and bed availability at other facilities. If, within
20 days | ||||||
| 10 | of the transmittal by the clerk of the circuit court of the | ||||||
| 11 | placement court order, the Department
fails to notify the | ||||||
| 12 | sheriff of the identity of the facility to
which the defendant | ||||||
| 13 | shall be transported, the sheriff shall
notify the Department | ||||||
| 14 | of its intent to transfer the defendant to the nearest secure | ||||||
| 15 | mental health facility operated by the Department and inquire | ||||||
| 16 | as to the status of the placement evaluation and availability | ||||||
| 17 | for admission to such facility operated by the Department by | ||||||
| 18 | contacting a designated person within the Department. The | ||||||
| 19 | Department shall respond to the sheriff within 2 business days | ||||||
| 20 | of the notice and inquiry by the sheriff seeking the transfer | ||||||
| 21 | and the Department shall provide the sheriff with the status | ||||||
| 22 | of the evaluation, information on bed and placement | ||||||
| 23 | availability, and an estimated date of admission for the | ||||||
| 24 | defendant and any changes to that estimated date of admission. | ||||||
| 25 | If the Department notifies the sheriff during the 2 business | ||||||
| 26 | day period of a facility operated by the Department with | ||||||
| |||||||
| |||||||
| 1 | placement availability, the sheriff shall promptly transport | ||||||
| 2 | the defendant to that facility. The placement may be ordered | ||||||
| 3 | either on an inpatient or an outpatient
basis.
| ||||||
| 4 | (c) If the defendant's disability is physical, the court | ||||||
| 5 | may order him
placed under the supervision of the Department | ||||||
| 6 | of Human
Services
which shall place and maintain the defendant | ||||||
| 7 | in a suitable treatment facility
or program, or the court may | ||||||
| 8 | order him placed in an appropriate public or
private facility | ||||||
| 9 | or treatment program which has agreed to provide treatment
to | ||||||
| 10 | the defendant. The placement may be ordered either on an | ||||||
| 11 | inpatient or
an outpatient basis.
| ||||||
| 12 | (d) The clerk of the circuit court shall within 5 days of | ||||||
| 13 | the entry of the order transmit to the Department, agency
or | ||||||
| 14 | institution, if any, to which the defendant is remanded for | ||||||
| 15 | treatment, the
following:
| ||||||
| 16 | (1) a certified copy of the order to undergo | ||||||
| 17 | treatment. Accompanying the certified copy of the order to | ||||||
| 18 | undergo treatment shall be the complete copy of any report | ||||||
| 19 | prepared under Section 104-15 of this Code or other report | ||||||
| 20 | prepared by a forensic examiner for the court;
| ||||||
| 21 | (2) the county and municipality in which the offense | ||||||
| 22 | was committed;
| ||||||
| 23 | (3) the county and municipality in which the arrest | ||||||
| 24 | took place; | ||||||
| 25 | (4) a copy of the arrest report, criminal charges, | ||||||
| 26 | arrest record; and
| ||||||
| |||||||
| |||||||
| 1 | (5) all additional matters which the Court directs the | ||||||
| 2 | clerk to transmit.
| ||||||
| 3 | (e) Within 30 days of entry of an order to undergo | ||||||
| 4 | treatment, the person
supervising the defendant's treatment | ||||||
| 5 | shall file with the court, the State,
and the defense a report | ||||||
| 6 | assessing the facility's or program's capacity
to provide | ||||||
| 7 | appropriate treatment for the defendant and indicating his | ||||||
| 8 | opinion
as to the probability of the defendant's attaining | ||||||
| 9 | fitness within a period
of time from the date of the finding of | ||||||
| 10 | unfitness. For a defendant charged with a felony, the period | ||||||
| 11 | of time shall be one year. For a defendant charged with a | ||||||
| 12 | misdemeanor, the period of time shall be no longer than the | ||||||
| 13 | sentence if convicted of the most serious offense. If the | ||||||
| 14 | report indicates
that there is a substantial probability that | ||||||
| 15 | the defendant will attain fitness
within the time period, the | ||||||
| 16 | treatment supervisor shall also file a treatment
plan which | ||||||
| 17 | shall include:
| ||||||
| 18 | (1) A diagnosis of the defendant's disability;
| ||||||
| 19 | (2) A description of treatment goals with respect to | ||||||
| 20 | rendering the
defendant
fit, a specification of the | ||||||
| 21 | proposed treatment modalities, and an estimated
timetable | ||||||
| 22 | for attainment of the goals;
| ||||||
| 23 | (3) An identification of the person in charge of | ||||||
| 24 | supervising the
defendant's
treatment.
| ||||||
| 25 | (Source: P.A. 99-140, eff. 1-1-16; 100-27, eff. 1-1-18; | ||||||
| 26 | 101-652.)
| ||||||
| |||||||
| |||||||
| 1 | (725 ILCS 5/106D-1)
| ||||||
| 2 | (Text of Section before amendment by P.A. 101-652) | ||||||
| 3 | Sec. 106D-1. Defendant's appearance by closed circuit | ||||||
| 4 | television and video conference.
| ||||||
| 5 | (a) Whenever the appearance in person in court, in either | ||||||
| 6 | a civil or criminal proceeding, is required of anyone held in a | ||||||
| 7 | place of custody or confinement operated by the State or any of | ||||||
| 8 | its political subdivisions, including counties and | ||||||
| 9 | municipalities, the chief judge of the circuit by rule may | ||||||
| 10 | permit the personal appearance to be made by means of two-way | ||||||
| 11 | audio-visual communication, including closed circuit | ||||||
| 12 | television and computerized video conference, in the following | ||||||
| 13 | proceedings: | ||||||
| 14 | (1) the initial appearance before a judge on a | ||||||
| 15 | criminal complaint, at which bail will be set; | ||||||
| 16 | (2) the waiver of a preliminary hearing; | ||||||
| 17 | (3) the arraignment on an information or indictment at | ||||||
| 18 | which a plea of not guilty will be entered; | ||||||
| 19 | (4) the presentation of a jury waiver; | ||||||
| 20 | (5) any status hearing; | ||||||
| 21 | (6) any hearing conducted under the Sexually Violent | ||||||
| 22 | Persons Commitment Act at which no witness testimony will | ||||||
| 23 | be taken; and | ||||||
| 24 | (7) at any hearing at which no witness testimony will | ||||||
| 25 | be taken conducted under the following: | ||||||
| |||||||
| |||||||
| 1 | (A) Section 104-20 of this Code (90-day hearings); | ||||||
| 2 | (B) Section 104-22 of this Code (trial with | ||||||
| 3 | special provisions and assistance); | ||||||
| 4 | (C) Section 104-25 of this Code (discharge | ||||||
| 5 | hearing); or | ||||||
| 6 | (D) Section 5-2-4 of the Unified Code of | ||||||
| 7 | Corrections (proceedings after acquittal by reason of | ||||||
| 8 | insanity).
| ||||||
| 9 | (b) The two-way audio-visual communication facilities must | ||||||
| 10 | provide two-way audio-visual communication between the court | ||||||
| 11 | and the place of custody or confinement, and must include a | ||||||
| 12 | secure line over which the person in custody and his or her | ||||||
| 13 | counsel, if any, may communicate. | ||||||
| 14 | (c) Nothing in this Section shall be construed to prohibit | ||||||
| 15 | other court appearances through the use of two-way | ||||||
| 16 | audio-visual communication, upon waiver of any right the | ||||||
| 17 | person in custody or confinement may have to be present | ||||||
| 18 | physically. | ||||||
| 19 | (d) Nothing in this Section shall be construed to | ||||||
| 20 | establish a right of any person held in custody or confinement | ||||||
| 21 | to appear in court through two-way audio-visual communication | ||||||
| 22 | or to require that any governmental entity, or place of | ||||||
| 23 | custody or confinement, provide two-way audio-visual | ||||||
| 24 | communication.
| ||||||
| 25 | (Source: P.A. 102-486, eff. 8-20-21.)
| ||||||
| |||||||
| |||||||
| 1 | (Text of Section after amendment by P.A. 101-652)
| ||||||
| 2 | Sec. 106D-1. Defendant's appearance by closed circuit | ||||||
| 3 | television and video conference.
| ||||||
| 4 | (a) Whenever the appearance in person in court, in either | ||||||
| 5 | a civil or criminal proceeding, is required of anyone held in a | ||||||
| 6 | place of custody or confinement operated by the State or any of | ||||||
| 7 | its political subdivisions, including counties and | ||||||
| 8 | municipalities, the chief judge of the circuit by rule may | ||||||
| 9 | permit the personal appearance to be made by means of two-way | ||||||
| 10 | audio-visual communication, including closed circuit | ||||||
| 11 | television and computerized video conference, in the following | ||||||
| 12 | proceedings: | ||||||
| 13 | (1) the initial appearance before a judge on a | ||||||
| 14 | criminal complaint, at which the conditions of pretrial | ||||||
| 15 | release bail will be set; | ||||||
| 16 | (2) the waiver of a preliminary hearing; | ||||||
| 17 | (3) the arraignment on an information or indictment at | ||||||
| 18 | which a plea of not guilty will be entered; | ||||||
| 19 | (4) the presentation of a jury waiver; | ||||||
| 20 | (5) any status hearing; | ||||||
| 21 | (6) any hearing conducted under the Sexually Violent | ||||||
| 22 | Persons Commitment Act at which no witness testimony will | ||||||
| 23 | be taken; and | ||||||
| 24 | (7) at any hearing at which no witness testimony will | ||||||
| 25 | be taken conducted under the following: | ||||||
| 26 | (A) Section 104-20 of this Code (90-day hearings); | ||||||
| |||||||
| |||||||
| 1 | (B) Section 104-22 of this Code (trial with | ||||||
| 2 | special provisions and assistance); | ||||||
| 3 | (C) Section 104-25 of this Code (discharge | ||||||
| 4 | hearing); or | ||||||
| 5 | (D) Section 5-2-4 of the Unified Code of | ||||||
| 6 | Corrections (proceedings after acquittal by reason of | ||||||
| 7 | insanity).
| ||||||
| 8 | (b) The two-way audio-visual communication facilities must | ||||||
| 9 | provide two-way audio-visual communication between the court | ||||||
| 10 | and the place of custody or confinement, and must include a | ||||||
| 11 | secure line over which the person in custody and his or her | ||||||
| 12 | counsel, if any, may communicate. | ||||||
| 13 | (c) Nothing in this Section shall be construed to prohibit | ||||||
| 14 | other court appearances through the use of two-way | ||||||
| 15 | audio-visual communication, upon waiver of any right the | ||||||
| 16 | person in custody or confinement may have to be present | ||||||
| 17 | physically. | ||||||
| 18 | (d) Nothing in this Section shall be construed to | ||||||
| 19 | establish a right of any person held in custody or confinement | ||||||
| 20 | to appear in court through two-way audio-visual communication | ||||||
| 21 | or to require that any governmental entity, or place of | ||||||
| 22 | custody or confinement, provide two-way audio-visual | ||||||
| 23 | communication.
| ||||||
| 24 | (Source: P.A. 101-652, eff. 1-1-23; 102-486, eff. 8-20-21; | ||||||
| 25 | revised 10-12-21.)
| ||||||
| |||||||
| |||||||
| 1 | (725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
| ||||||
| 2 | (Text of Section before amendment by P.A. 101-652) | ||||||
| 3 | Sec. 107-4. Arrest by peace officer from other | ||||||
| 4 | jurisdiction.
| ||||||
| 5 | (a) As used in this Section:
| ||||||
| 6 | (1) "State" means any State of the United States and | ||||||
| 7 | the District of
Columbia.
| ||||||
| 8 | (2) "Peace Officer" means any peace officer or member | ||||||
| 9 | of any duly
organized State, County, or Municipal peace | ||||||
| 10 | unit, any police force of another
State, the United States | ||||||
| 11 | Department of Defense, or any police force whose members, | ||||||
| 12 | by statute, are granted and authorized to exercise powers | ||||||
| 13 | similar to those conferred upon any peace officer employed | ||||||
| 14 | by a law enforcement agency of this State.
| ||||||
| 15 | (3) "Fresh pursuit" means the immediate pursuit of a | ||||||
| 16 | person who is
endeavoring to avoid arrest.
| ||||||
| 17 | (4) "Law enforcement agency" means a municipal police | ||||||
| 18 | department or
county
sheriff's office of this State.
| ||||||
| 19 | (a-3) Any peace officer employed by a law enforcement | ||||||
| 20 | agency of this State
may conduct temporary questioning | ||||||
| 21 | pursuant to Section 107-14 of this Code and
may make arrests in | ||||||
| 22 | any jurisdiction within this State: (1) if the officer is
| ||||||
| 23 | engaged in the investigation of criminal activity that | ||||||
| 24 | occurred in the officer's
primary jurisdiction and the | ||||||
| 25 | temporary questioning or arrest relates to, arises from, or is | ||||||
| 26 | conducted pursuant to that investigation; or (2) if the | ||||||
| |||||||
| |||||||
| 1 | officer, while on duty as a
peace officer, becomes personally | ||||||
| 2 | aware of the immediate commission of a felony
or misdemeanor | ||||||
| 3 | violation of the laws of this State; or (3) if
the officer, | ||||||
| 4 | while on duty as a peace officer, is requested by an
| ||||||
| 5 | appropriate State or local law enforcement official to render | ||||||
| 6 | aid or
assistance to the requesting law enforcement agency | ||||||
| 7 | that is outside the
officer's primary jurisdiction; or (4) in | ||||||
| 8 | accordance with Section 2605-580 of the Illinois State Police | ||||||
| 9 | Law of the
Civil Administrative Code of Illinois. While acting | ||||||
| 10 | pursuant to this subsection, an
officer has the same authority | ||||||
| 11 | as within his or her
own jurisdiction.
| ||||||
| 12 | (a-7) The law enforcement agency of the county or | ||||||
| 13 | municipality in which any
arrest is made under this Section | ||||||
| 14 | shall be immediately notified of the
arrest.
| ||||||
| 15 | (b) Any peace officer of another State who enters this | ||||||
| 16 | State in
fresh
pursuit and continues within this State in | ||||||
| 17 | fresh pursuit of a person in
order to arrest him on the ground | ||||||
| 18 | that he has committed an offense in the
other State has the | ||||||
| 19 | same authority to arrest and hold the person in custody
as | ||||||
| 20 | peace officers of this State have to arrest and hold a person | ||||||
| 21 | in custody
on the ground that he has committed an offense in | ||||||
| 22 | this State.
| ||||||
| 23 | (c) If an arrest is made in this State by a peace officer | ||||||
| 24 | of
another
State in accordance with the provisions of this | ||||||
| 25 | Section he shall without
unnecessary delay take the person | ||||||
| 26 | arrested before the circuit court of the
county in which the | ||||||
| |||||||
| |||||||
| 1 | arrest was made. Such court shall conduct a hearing for
the | ||||||
| 2 | purpose of determining the lawfulness of the arrest. If the | ||||||
| 3 | court
determines that the arrest was lawful it shall commit | ||||||
| 4 | the person arrested,
to await for a reasonable time the | ||||||
| 5 | issuance of an extradition warrant by
the Governor of this | ||||||
| 6 | State, or admit him to bail for such purpose. If the
court | ||||||
| 7 | determines that the arrest was unlawful it shall discharge the | ||||||
| 8 | person
arrested.
| ||||||
| 9 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
| 10 | (Text of Section after amendment by P.A. 101-652) | ||||||
| 11 | Sec. 107-4. Arrest by peace officer from other | ||||||
| 12 | jurisdiction.
| ||||||
| 13 | (a) As used in this Section:
| ||||||
| 14 | (1) "State" means any State of the United States and | ||||||
| 15 | the District of
Columbia.
| ||||||
| 16 | (2) "Peace Officer" means any peace officer or member | ||||||
| 17 | of any duly
organized State, County, or Municipal peace | ||||||
| 18 | unit, any police force of another
State, the United States | ||||||
| 19 | Department of Defense, or any police force whose members, | ||||||
| 20 | by statute, are granted and authorized to exercise powers | ||||||
| 21 | similar to those conferred upon any peace officer employed | ||||||
| 22 | by a law enforcement agency of this State.
| ||||||
| 23 | (3) "Fresh pursuit" means the immediate pursuit of a | ||||||
| 24 | person who is
endeavoring to avoid arrest.
| ||||||
| 25 | (4) "Law enforcement agency" means a municipal police | ||||||
| |||||||
| |||||||
| 1 | department or
county
sheriff's office of this State.
| ||||||
| 2 | (a-3) Any peace officer employed by a law enforcement | ||||||
| 3 | agency of this State
may conduct temporary questioning | ||||||
| 4 | pursuant to Section 107-14 of this Code and
may make arrests in | ||||||
| 5 | any jurisdiction within this State: (1) if the officer is
| ||||||
| 6 | engaged in the investigation of criminal activity that | ||||||
| 7 | occurred in the officer's
primary jurisdiction and the | ||||||
| 8 | temporary questioning or arrest relates to, arises from, or is | ||||||
| 9 | conducted pursuant to that investigation; or (2) if the | ||||||
| 10 | officer, while on duty as a
peace officer, becomes personally | ||||||
| 11 | aware of the immediate commission of a felony
or misdemeanor | ||||||
| 12 | violation of the laws of this State; or (3) if
the officer, | ||||||
| 13 | while on duty as a peace officer, is requested by an
| ||||||
| 14 | appropriate State or local law enforcement official to render | ||||||
| 15 | aid or
assistance to the requesting law enforcement agency | ||||||
| 16 | that is outside the
officer's primary jurisdiction; or (4) in | ||||||
| 17 | accordance with Section 2605-580 of the Illinois State Police | ||||||
| 18 | Law of the
Civil Administrative Code of Illinois. While acting | ||||||
| 19 | pursuant to this subsection, an
officer has the same authority | ||||||
| 20 | as within his or her
own jurisdiction.
| ||||||
| 21 | (a-7) The law enforcement agency of the county or | ||||||
| 22 | municipality in which any
arrest is made under this Section | ||||||
| 23 | shall be immediately notified of the
arrest.
| ||||||
| 24 | (b) Any peace officer of another State who enters this | ||||||
| 25 | State in
fresh
pursuit and continues within this State in | ||||||
| 26 | fresh pursuit of a person in
order to arrest him on the ground | ||||||
| |||||||
| |||||||
| 1 | that he has committed an offense in the
other State has the | ||||||
| 2 | same authority to arrest and hold the person in custody
as | ||||||
| 3 | peace officers of this State have to arrest and hold a person | ||||||
| 4 | in custody
on the ground that he has committed an offense in | ||||||
| 5 | this State.
| ||||||
| 6 | (c) If an arrest is made in this State by a peace officer | ||||||
| 7 | of
another
State in accordance with the provisions of this | ||||||
| 8 | Section he shall without
unnecessary delay take the person | ||||||
| 9 | arrested before the circuit court of the
county in which the | ||||||
| 10 | arrest was made. Such court shall conduct a hearing for
the | ||||||
| 11 | purpose of determining the lawfulness of the arrest. If the | ||||||
| 12 | court
determines that the arrest was lawful it shall commit | ||||||
| 13 | the person arrested,
to await for a reasonable time the | ||||||
| 14 | issuance of an extradition warrant by
the Governor of this | ||||||
| 15 | State, or admit him to pretrial release bail for such purpose. | ||||||
| 16 | If the
court determines that the arrest was unlawful it shall | ||||||
| 17 | discharge the person
arrested.
| ||||||
| 18 | (Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; | ||||||
| 19 | revised 10-20-21.)
| ||||||
| 20 | (725 ILCS 5/107-9) (from Ch. 38, par. 107-9)
| ||||||
| 21 | Sec. 107-9. Issuance of arrest warrant upon complaint.
| ||||||
| 22 | (a) When a complaint is presented to a court charging that | ||||||
| 23 | an offense
has been committed it shall examine upon oath or | ||||||
| 24 | affirmation the
complainant or any witnesses.
| ||||||
| 25 | (b) The complaint shall be in writing and shall:
| ||||||
| |||||||
| |||||||
| 1 | (1) State the name of the accused if known, and if not | ||||||
| 2 | known the accused
may be designated by any name or | ||||||
| 3 | description by which he can be identified
with reasonable | ||||||
| 4 | certainty;
| ||||||
| 5 | (2) State the offense with which the accused is | ||||||
| 6 | charged;
| ||||||
| 7 | (3) State the time and place of the offense as | ||||||
| 8 | definitely as can be done
by the complainant; and
| ||||||
| 9 | (4) Be subscribed and sworn to by the complainant.
| ||||||
| 10 | (b-5) If an arrest warrant is sought and the request is | ||||||
| 11 | made by electronic means that has a simultaneous video and | ||||||
| 12 | audio transmission between the requester and a judge, the | ||||||
| 13 | judge may issue an arrest warrant based upon a sworn complaint | ||||||
| 14 | or sworn testimony communicated in the transmission. | ||||||
| 15 | (c) A warrant shall be issued by the court for the arrest | ||||||
| 16 | of the person
complained against if it appears from the | ||||||
| 17 | contents of the complaint and the
examination of the | ||||||
| 18 | complainant or other witnesses, if any, that the person
| ||||||
| 19 | against whom the complaint was made has committed an offense.
| ||||||
| 20 | (d) The warrant of arrest shall:
| ||||||
| 21 | (1) Be in writing;
| ||||||
| 22 | (2) Specify the name, sex and birth date of the person | ||||||
| 23 | to be arrested
or if his name, sex or birth date is | ||||||
| 24 | unknown, shall designate such person
by any name or | ||||||
| 25 | description by which he can be identified with reasonable
| ||||||
| 26 | certainty;
| ||||||
| |||||||
| |||||||
| 1 | (3) Set forth the nature of the offense;
| ||||||
| 2 | (4) State the date when issued and the municipality or | ||||||
| 3 | county where
issued;
| ||||||
| 4 | (5) Be signed by the judge of the court with the title | ||||||
| 5 | of his office;
| ||||||
| 6 | (6) Command that the person against whom the complaint | ||||||
| 7 | was made be
arrested and brought before the court issuing | ||||||
| 8 | the warrant or if he is
absent or unable to act before the | ||||||
| 9 | nearest or most accessible court in the
same county;
| ||||||
| 10 | (7) Specify the conditions of pretrial release amount | ||||||
| 11 | of bail; and
| ||||||
| 12 | (8) Specify any geographical limitation placed on the | ||||||
| 13 | execution of the
warrant, but such limitation shall not be | ||||||
| 14 | expressed in mileage.
| ||||||
| 15 | (e) The warrant shall be directed to all peace officers in | ||||||
| 16 | the State. It
shall be executed by the peace officer, or by a | ||||||
| 17 | private person specially
named therein, at any location within | ||||||
| 18 | the geographic limitation for
execution placed on the warrant. | ||||||
| 19 | If no geographic limitation is placed on
the warrant, then it | ||||||
| 20 | may be executed anywhere in the State.
| ||||||
| 21 | (f) The arrest warrant may be issued electronically or | ||||||
| 22 | electromagnetically by
use of electronic mail or a facsimile | ||||||
| 23 | transmission machine and any arrest warrant shall have the
| ||||||
| 24 | same validity as a written warrant.
| ||||||
| 25 | (Source: P.A. 101-239, eff. 1-1-20; 101-652.)
| ||||||
| |||||||
| |||||||
| 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; geographical 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,
and a | ||||||
| 13 | charge shall be filed.
Whenever a person arrested either with | ||||||
| 14 | or without a warrant is required
to be taken
before a judge, a | ||||||
| 15 | charge
may be filed against such person by way of a two-way | ||||||
| 16 | closed circuit
television system, except that a hearing to | ||||||
| 17 | deny pretrial release bail to the defendant may
not be | ||||||
| 18 | conducted by way of closed circuit television.
| ||||||
| 19 | (a-1) Law enforcement shall issue a citation in lieu of | ||||||
| 20 | custodial arrest, upon proper identification, for those | ||||||
| 21 | accused of traffic and Class B and C criminal misdemeanor | ||||||
| 22 | offenses, or of petty and business offenses, who pose no | ||||||
| 23 | obvious threat to the community or any person, or who have no | ||||||
| 24 | obvious medical or mental health issues that pose a risk to | ||||||
| 25 | their own safety. Those released on citation shall be | ||||||
| 26 | scheduled into court within 21 days. | ||||||
| |||||||
| |||||||
| 1 | (a-3) A person arrested with or without a warrant for an | ||||||
| 2 | offense for which pretrial release may not be denied may, | ||||||
| 3 | except as otherwise provided in this Code, be released by the | ||||||
| 4 | officer without appearing before a judge. The releasing | ||||||
| 5 | officer shall issue the person a summons to appear within 21 | ||||||
| 6 | days. A presumption in favor of pretrial release shall by | ||||||
| 7 | applied by an arresting officer in the exercise of his or her | ||||||
| 8 | discretion under this Section. | ||||||
| 9 | (a-5) A person charged with an offense shall be allowed | ||||||
| 10 | counsel at the hearing at which pretrial release bail is | ||||||
| 11 | determined under Article 110 of this Code. If the defendant | ||||||
| 12 | desires counsel for his or her initial appearance but is | ||||||
| 13 | unable to obtain counsel, the court shall appoint a public | ||||||
| 14 | defender or licensed attorney at law of this State to | ||||||
| 15 | represent him or her for purposes of that hearing. | ||||||
| 16 | (b) Upon initial appearance of a person before the court, | ||||||
| 17 | the The judge shall:
| ||||||
| 18 | (1) inform Inform the defendant of the charge against | ||||||
| 19 | him and shall provide him
with a copy of the charge;
| ||||||
| 20 | (2) advise Advise the defendant of his right to | ||||||
| 21 | counsel and if indigent shall
appoint a public defender or | ||||||
| 22 | licensed attorney at law of this State to
represent him in | ||||||
| 23 | accordance with the provisions of Section 113-3 of this
| ||||||
| 24 | Code;
| ||||||
| 25 | (3) schedule Schedule a preliminary hearing in | ||||||
| 26 | appropriate cases;
| ||||||
| |||||||
| |||||||
| 1 | (4) admit Admit the defendant to pretrial release bail | ||||||
| 2 | in accordance with the provisions of
Article 110/5 110 of | ||||||
| 3 | this Code, or upon verified petition of the State, proceed | ||||||
| 4 | with the setting of a detention hearing as provided in | ||||||
| 5 | Section 110-6.1; and
| ||||||
| 6 | (5) Order the confiscation of the person's passport or | ||||||
| 7 | impose travel restrictions on a defendant arrested for | ||||||
| 8 | first degree murder or other violent crime as defined in | ||||||
| 9 | Section 3 of the Rights of Crime Victims and Witnesses | ||||||
| 10 | Act, if the judge determines, based on the factors in | ||||||
| 11 | Section 110-5 of this Code, that this will reasonably | ||||||
| 12 | ensure the appearance of the defendant and compliance by | ||||||
| 13 | the defendant with all conditions of release. | ||||||
| 14 | (c) The court may issue an order of protection in | ||||||
| 15 | accordance with
the provisions of Article 112A of this Code. | ||||||
| 16 | Crime victims shall be given notice by the State's Attorney's | ||||||
| 17 | office of this hearing as required in paragraph (2) of | ||||||
| 18 | subsection (b) of the Rights of Crime Victims and Witnesses | ||||||
| 19 | Act and shall be informed of their opportunity at this hearing | ||||||
| 20 | to obtain an order of protection under Article 112A of this | ||||||
| 21 | Code.
| ||||||
| 22 | (d) At the initial appearance of a defendant in any | ||||||
| 23 | criminal proceeding, the court must advise the defendant in | ||||||
| 24 | open court that any foreign national who is arrested or | ||||||
| 25 | detained has the right to have notice of the arrest or | ||||||
| 26 | detention given to his or her country's consular | ||||||
| |||||||
| |||||||
| 1 | representatives and the right to communicate with those | ||||||
| 2 | consular representatives if the notice has not already been | ||||||
| 3 | provided. The court must make a written record of so advising | ||||||
| 4 | the defendant. | ||||||
| 5 | (e) If consular notification is not provided to a | ||||||
| 6 | defendant before his or her first appearance in court, the | ||||||
| 7 | court shall grant any reasonable request for a continuance of | ||||||
| 8 | the proceedings to allow contact with the defendant's | ||||||
| 9 | consulate. Any delay caused by the granting of the request by a | ||||||
| 10 | defendant shall temporarily suspend for the time of the delay | ||||||
| 11 | the period within which a person shall be tried as prescribed | ||||||
| 12 | by subsections (a), (b), or (e) of Section 103-5 of this Code | ||||||
| 13 | and on the day of the expiration of delay the period shall | ||||||
| 14 | continue at the point at which it was suspended. | ||||||
| 15 | (f) At the hearing at which conditions of pretrial release | ||||||
| 16 | are determined, the person charged shall be present in person | ||||||
| 17 | rather than by video phone or any other form of electronic | ||||||
| 18 | communication, unless the physical health and safety of the | ||||||
| 19 | person would be endangered by appearing in court or the | ||||||
| 20 | accused waives the right to be present in person. | ||||||
| 21 | (g) Defense counsel shall be given adequate opportunity to | ||||||
| 22 | confer with Defendant prior to any hearing in which conditions | ||||||
| 23 | of release or the detention of the Defendant is to be | ||||||
| 24 | considered, with a physical accommodation made to facilitate | ||||||
| 25 | attorney/client consultation. | ||||||
| 26 | (Source: P.A. 99-78, eff. 7-20-15; 99-190, eff. 1-1-16; 100-1, | ||||||
| |||||||
| |||||||
| 1 | eff. 1-1-18; 101-652.)
| ||||||
| 2 | (725 ILCS 5/109-2) (from Ch. 38, par. 109-2)
| ||||||
| 3 | Sec. 109-2. Person arrested in another county. (a) Any | ||||||
| 4 | person arrested in a county other than the one in which a | ||||||
| 5 | warrant
for his arrest was issued shall be taken without | ||||||
| 6 | unnecessary delay before
the nearest and most accessible judge | ||||||
| 7 | in the county where the arrest was
made or, if no additional | ||||||
| 8 | delay is created, before the nearest and most
accessible judge | ||||||
| 9 | in the county from which the warrant was issued. Upon arrival | ||||||
| 10 | in the county in which the warrant was issued, the status of | ||||||
| 11 | the arrested person's release status shall be determined by | ||||||
| 12 | the release revocation process described in Section 110-6. He
| ||||||
| 13 | shall be admitted to bail in the amount specified in the | ||||||
| 14 | warrant or, for
offenses other than felonies, in an amount as | ||||||
| 15 | set by the judge, and such
bail shall be conditioned on his | ||||||
| 16 | appearing in the court issuing the warrant
on a certain date. | ||||||
| 17 | The judge may hold a hearing to determine if the
defendant is | ||||||
| 18 | the same person as named in the warrant.
| ||||||
| 19 | (b) Notwithstanding the provisions of subsection (a), any | ||||||
| 20 | person
arrested in a county other than the one in which a | ||||||
| 21 | warrant for his arrest
was issued, may waive the right to be | ||||||
| 22 | taken before a judge in the county
where the arrest was made. | ||||||
| 23 | If a person so arrested waives such right, the
arresting | ||||||
| 24 | agency shall surrender such person to a law enforcement agency | ||||||
| 25 | of
the county that issued the warrant without unnecessary | ||||||
| |||||||
| |||||||
| 1 | delay. The
provisions of Section 109-1 shall then apply to the | ||||||
| 2 | person so arrested.
| ||||||
| 3 | (c) If a defendant is charged with a felony offense, but | ||||||
| 4 | has a warrant in another county, the defendant shall be taken | ||||||
| 5 | to the county that issued the warrant within 72 hours of the | ||||||
| 6 | completion of condition or detention hearing, so that release | ||||||
| 7 | or detention status can be resolved. This provision shall not | ||||||
| 8 | apply to warrants issued outside of Illinois. | ||||||
| 9 | (Source: P.A. 86-298; 101-652.)
| ||||||
| 10 | (725 ILCS 5/109-3) (from Ch. 38, par. 109-3)
| ||||||
| 11 | Sec. 109-3. Preliminary examination.)
| ||||||
| 12 | (a) The judge shall hold the defendant to answer to the | ||||||
| 13 | court having
jurisdiction of the offense if from the evidence | ||||||
| 14 | it appears there is
probable cause to believe an offense has | ||||||
| 15 | been committed by the
defendant, as provided in Section | ||||||
| 16 | 109-3.1 of this Code, if the offense is a felony.
| ||||||
| 17 | (b) If the defendant waives preliminary examination the | ||||||
| 18 | judge shall hold
him to answer and may, or on the demand of the | ||||||
| 19 | prosecuting attorney shall,
cause the witnesses for the State | ||||||
| 20 | to be examined. After hearing the
testimony if it appears that | ||||||
| 21 | there is not probable cause to believe the
defendant guilty of | ||||||
| 22 | any offense the judge shall discharge him.
| ||||||
| 23 | (c) During the examination of any witness or when the | ||||||
| 24 | defendant is
making a statement or testifying the judge may | ||||||
| 25 | and on the request of the
defendant or State shall exclude all | ||||||
| |||||||
| |||||||
| 1 | other witnesses. He may also cause the
witnesses to be kept | ||||||
| 2 | separate and to be prevented from communicating with
each | ||||||
| 3 | other until all are examined.
| ||||||
| 4 | (d) If the defendant is held to answer the judge may | ||||||
| 5 | require any
material witness for the State or defendant to | ||||||
| 6 | enter into a written
undertaking to appear at the trial, and | ||||||
| 7 | may provide for the forfeiture of a
sum certain in the event | ||||||
| 8 | the witness does not appear at the trial. Any
witness who | ||||||
| 9 | refuses to execute a recognizance may be committed by the | ||||||
| 10 | judge
to the custody of the sheriff until trial or further | ||||||
| 11 | order of the court
having jurisdiction of the cause. Any | ||||||
| 12 | witness who executes a recognizance
and fails to comply with | ||||||
| 13 | its terms shall, in addition to any forfeiture
provided in the | ||||||
| 14 | recognizance, be subject to the penalty provided in Section
| ||||||
| 15 | 32-10 of the Criminal Code of 2012 for violation of the | ||||||
| 16 | conditions of pretrial release bail bond.
| ||||||
| 17 | (e) During preliminary hearing or examination the | ||||||
| 18 | defendant may move for
an order of suppression of evidence | ||||||
| 19 | pursuant to Section 114-11 or 114-12
of this Act or for other | ||||||
| 20 | reasons, and may move for dismissal of the charge
pursuant to | ||||||
| 21 | Section 114-1 of this Act or for other reasons.
| ||||||
| 22 | (Source: P.A. 97-1150, eff. 1-25-13; 101-652.)
| ||||||
| 23 | (725 ILCS 5/109-3.1) (from Ch. 38, par. 109-3.1)
| ||||||
| 24 | Sec. 109-3.1. Persons Charged with Felonies. (a) In any | ||||||
| 25 | case involving a person charged with a felony in this State,
| ||||||
| |||||||
| |||||||
| 1 | alleged to have been committed on or after January 1, 1984, the | ||||||
| 2 | provisions
of this Section shall apply.
| ||||||
| 3 | (b) Every person in custody in this State for the alleged | ||||||
| 4 | commission of
a felony shall receive either a preliminary | ||||||
| 5 | examination as provided in Section
109-3 or an indictment by | ||||||
| 6 | Grand Jury as provided in Section 111-2, within
30 days from | ||||||
| 7 | the date he or she was taken into custody. Every person on | ||||||
| 8 | pretrial release
bail or recognizance for the alleged | ||||||
| 9 | commission of a felony shall receive
either a preliminary | ||||||
| 10 | examination as provided in Section 109-3 or an indictment
by | ||||||
| 11 | Grand Jury as provided in Section 111-2, within 60 days from | ||||||
| 12 | the date he
or she was arrested.
| ||||||
| 13 | The provisions of this paragraph shall not apply in the | ||||||
| 14 | following situations:
| ||||||
| 15 | (1) when delay is occasioned by the defendant; or
| ||||||
| 16 | (2) when the defendant has been indicted by the Grand Jury | ||||||
| 17 | on the felony
offense for which he or she was initially taken | ||||||
| 18 | into custody or on an offense
arising from the same | ||||||
| 19 | transaction or conduct of the defendant that was the
basis for | ||||||
| 20 | the felony offense or offenses initially charged; or
| ||||||
| 21 | (3) when a competency examination is ordered by the court; | ||||||
| 22 | or
| ||||||
| 23 | (4) when a competency hearing is held; or
| ||||||
| 24 | (5) when an adjudication of incompetency for trial has | ||||||
| 25 | been made; or
| ||||||
| 26 | (6) when the case has been continued by the court under | ||||||
| |||||||
| |||||||
| 1 | Section 114-4 of
this Code after a determination that the | ||||||
| 2 | defendant is physically incompetent
to stand trial.
| ||||||
| 3 | (c) Delay occasioned by the defendant shall temporarily | ||||||
| 4 | suspend, for the
time of the delay, the period within which the | ||||||
| 5 | preliminary examination must
be held. On the day of expiration | ||||||
| 6 | of the delay the period in question shall
continue at the point | ||||||
| 7 | at which it was suspended.
| ||||||
| 8 | (Source: P.A. 83-644; 101-652.)
| ||||||
| 9 | (725 ILCS 5/Art. 110 heading) | ||||||
| 10 | ARTICLE 110. PRETRIAL RELEASE BAIL
| ||||||
| 11 | (725 ILCS 5/110-1) (from Ch. 38, par. 110-1)
| ||||||
| 12 | Sec. 110-1. Definitions. (a) (Blank). "Security" is that | ||||||
| 13 | which is required to be
pledged to insure the payment of bail.
| ||||||
| 14 | (b) "Sureties" encompasses the monetary and nonmonetary | ||||||
| 15 | requirements
set by the court as conditions for release either | ||||||
| 16 | before or after
conviction. "Surety" is one who executes a | ||||||
| 17 | bail bond and binds himself to pay
the bail if the person in | ||||||
| 18 | custody fails to comply with all conditions of
the bail bond.
| ||||||
| 19 | (c) The phrase "for which a sentence of imprisonment, | ||||||
| 20 | without
conditional and revocable release, shall be imposed by | ||||||
| 21 | law as a consequence
of conviction" means an offense for which | ||||||
| 22 | a sentence of imprisonment,
without probation, periodic | ||||||
| 23 | imprisonment or conditional discharge, is
required by law upon | ||||||
| 24 | conviction.
| ||||||
| |||||||
| |||||||
| 1 | (d) (Blank.) "Real and present threat to the physical | ||||||
| 2 | safety of any person or
persons", as used in this Article, | ||||||
| 3 | includes a threat to the community,
person, persons or class | ||||||
| 4 | of persons. | ||||||
| 5 | (e) Willful flight means planning or attempting to | ||||||
| 6 | intentionally evade prosecution by concealing oneself. Simple | ||||||
| 7 | past non-appearance in court alone is not evidence of future | ||||||
| 8 | intent to evade prosecution.
| ||||||
| 9 | (Source: P.A. 85-892; 101-652.)
| ||||||
| 10 | (725 ILCS 5/110-2) (from Ch. 38, par. 110-2)
| ||||||
| 11 | Sec. 110-2. Release on own recognizance. | ||||||
| 12 | (a) It is presumed that a defendant is entitled to release | ||||||
| 13 | on personal recognizance on the condition that the defendant | ||||||
| 14 | attend all required court proceedings and the defendant does | ||||||
| 15 | not commit any criminal offense, and complies with all terms | ||||||
| 16 | of pretrial release, including, but not limited to, orders of | ||||||
| 17 | protection under both Section 112A-4 of this Code and Section | ||||||
| 18 | 214 of the Illinois Domestic Violence Act of 1986, all civil no | ||||||
| 19 | contact orders, and all stalking no contact orders. | ||||||
| 20 | (b) Additional conditions of release, including those | ||||||
| 21 | highlighted above, shall be set only when it is determined | ||||||
| 22 | that they are necessary to assure the defendant's appearance | ||||||
| 23 | in court, assure the defendant does not commit any criminal | ||||||
| 24 | offense, and complies with all conditions of pretrial release. | ||||||
| 25 | (c) Detention only shall be imposed when it is determined | ||||||
| |||||||
| |||||||
| 1 | that the defendant poses a specific, real and present threat | ||||||
| 2 | to a person, or has a high likelihood of willful flight. If the | ||||||
| 3 | court deems that the defendant is to be released on personal | ||||||
| 4 | recognizance, the court may require that a written | ||||||
| 5 | admonishment be signed by When from all the circumstances the | ||||||
| 6 | court is of the opinion that the
defendant will appear as | ||||||
| 7 | required either before or after
conviction and the
defendant | ||||||
| 8 | will not pose a danger to any person or the community
and that | ||||||
| 9 | the
defendant will comply with all conditions of bond, which
| ||||||
| 10 | shall include the defendant's current address with a written | ||||||
| 11 | admonishment to
the defendant requiring that he or she must | ||||||
| 12 | comply with the provisions of Section 110-12
of this Code | ||||||
| 13 | regarding any change in his or her address. The, the defendant | ||||||
| 14 | may be released on his or her own recognizance upon signature. | ||||||
| 15 | The
defendant's address shall at all times remain a matter of | ||||||
| 16 | public record with
the clerk of the court. A failure to appear | ||||||
| 17 | as
required by such recognizance shall constitute an offense | ||||||
| 18 | subject to the
penalty provided in Section 32-10 of the | ||||||
| 19 | Criminal Code of 2012 for violation of the conditions of | ||||||
| 20 | pretrial release
bail bond, and any obligated sum fixed in the | ||||||
| 21 | recognizance shall be
forfeited and collected in accordance | ||||||
| 22 | with subsection (g) of Section 110-7
of this Code.
| ||||||
| 23 | (d) If, after the procedures set out in Section 110-6.1, | ||||||
| 24 | the court decides to detain the defendant, the Court must make | ||||||
| 25 | a written finding as to why less restrictive conditions would | ||||||
| 26 | not assure safety to the community and assure the defendant's | ||||||
| |||||||
| |||||||
| 1 | appearance in court. At each subsequent appearance of the | ||||||
| 2 | defendant before the Court, the judge must find that continued | ||||||
| 3 | detention or the current set of conditions imposed are | ||||||
| 4 | necessary to avoid the specific, real and present threat to | ||||||
| 5 | any person or of willful flight from prosecution to continue | ||||||
| 6 | detention of the defendant. The court is not required to be | ||||||
| 7 | presented with new information or a change in circumstance to | ||||||
| 8 | consider reconsidering pretrial detention on current | ||||||
| 9 | conditions. | ||||||
| 10 | (e) This Section shall be liberally construed to | ||||||
| 11 | effectuate the purpose of
relying upon contempt of court | ||||||
| 12 | proceedings or criminal sanctions
instead of financial loss to | ||||||
| 13 | assure the
appearance of the defendant, and that the defendant | ||||||
| 14 | will not pose a danger to
any person or the community and that | ||||||
| 15 | the defendant will not pose comply with all
conditions of | ||||||
| 16 | bond. Monetary bail should be set only when it is
determined | ||||||
| 17 | that no other conditions of release will reasonably assure the
| ||||||
| 18 | defendant's appearance in court, that the defendant does not | ||||||
| 19 | present a
danger to any person or the community and that the | ||||||
| 20 | defendant will comply
with all conditions of pretrial release | ||||||
| 21 | bond.
| ||||||
| 22 | The State may appeal any order permitting release by | ||||||
| 23 | personal recognizance.
| ||||||
| 24 | (Source: P.A. 97-1150, eff. 1-25-13; 101-652.)
| ||||||
| 25 | (725 ILCS 5/110-3) (from Ch. 38, par. 110-3)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 110-3. Options for warrant alternatives Issuance of | ||||||
| 2 | warrant. | ||||||
| 3 | (a) Upon failure to comply with any condition of pretrial | ||||||
| 4 | release a bail bond or recognizance
the court having | ||||||
| 5 | jurisdiction at the time of such failure may, on its own motion | ||||||
| 6 | or upon motion from the State, issue an order to show cause as | ||||||
| 7 | to why he or she shall not be subject to revocation of pretrial | ||||||
| 8 | release, or for sanctions, as provided in Section 110-6. | ||||||
| 9 | Nothing in this Section prohibits the court from issuing a | ||||||
| 10 | warrant under subsection (c) upon failure to comply with any | ||||||
| 11 | condition of pretrial release or recognizance. | ||||||
| 12 | (b) The order issued by the court shall state the facts | ||||||
| 13 | alleged to constitute the hearing to show cause or otherwise | ||||||
| 14 | why the person is subject to revocation of pretrial release. A | ||||||
| 15 | certified copy of the order shall be served upon the person at | ||||||
| 16 | least 48 hours in advance of the scheduled hearing. | ||||||
| 17 | (c) If the person does not appear at the hearing to show | ||||||
| 18 | cause or absconds, the court may, in addition
to any other | ||||||
| 19 | action provided by law, issue a warrant for the arrest of the
| ||||||
| 20 | person at liberty on pretrial release bail or his own | ||||||
| 21 | recognizance.
The contents of such a warrant shall be the same | ||||||
| 22 | as required for an arrest
warrant issued upon complaint and | ||||||
| 23 | may modify any previously imposed conditions placed upon the | ||||||
| 24 | person, rather than revoking pretrial release or issuing a | ||||||
| 25 | warrant for the person in accordance with the requirements in | ||||||
| 26 | subsections (d) and (e) of Section 110-5. When a defendant is | ||||||
| |||||||
| |||||||
| 1 | at liberty on pretrial release bail or
his own recognizance on | ||||||
| 2 | a
felony charge and fails to appear in court as directed, the | ||||||
| 3 | court may shall
issue a warrant for the arrest of such person | ||||||
| 4 | after his or her failure to appear at the show for cause | ||||||
| 5 | hearing as provided in this Section. Such warrant shall be | ||||||
| 6 | noted
with a directive to peace officers to arrest the person | ||||||
| 7 | and hold such
person without pretrial release bail and to | ||||||
| 8 | deliver such person before the court for further
proceedings. | ||||||
| 9 | (d) If the order as described in Subsection B is issued, a | ||||||
| 10 | failure to appear shall not be recorded until the Defendant | ||||||
| 11 | fails to appear at the hearing to show cause. For the purpose | ||||||
| 12 | of any risk assessment or future evaluation of risk of willful | ||||||
| 13 | flight or risk of failure to appear, a non-appearance in court | ||||||
| 14 | cured by an appearance at the hearing to show cause shall not | ||||||
| 15 | be considered as evidence of future likelihood appearance in | ||||||
| 16 | court. A defendant who is arrested or surrenders within 30 | ||||||
| 17 | days of
the issuance of such warrant shall not be bailable in | ||||||
| 18 | the case in question
unless he shows by the preponderance of | ||||||
| 19 | the evidence that his failure to
appear was not intentional.
| ||||||
| 20 | (Source: P.A. 86-298; 86-984; 86-1028; 101-652.)
| ||||||
| 21 | (725 ILCS 5/110-4) (from Ch. 38, par. 110-4)
| ||||||
| 22 | Sec. 110-4. Pretrial release Bailable Offenses.
| ||||||
| 23 | (a) All persons charged with an offense shall be eligible | ||||||
| 24 | for pretrial
release before conviction. Pretrial release may | ||||||
| 25 | only be denied when a
person is charged with an offense listed | ||||||
| |||||||
| |||||||
| 1 | in Section 110-6.1 or when the defendant has a high likelihood | ||||||
| 2 | of willful
flight, and after the court has held a hearing under | ||||||
| 3 | Section
110-6.1. All persons shall be bailable before | ||||||
| 4 | conviction, except the
following offenses where the proof is | ||||||
| 5 | evident or the presumption great that
the defendant is guilty | ||||||
| 6 | of the offense: capital offenses; offenses for
which a | ||||||
| 7 | sentence of life imprisonment may be imposed as a consequence | ||||||
| 8 | of
conviction; felony offenses for which a sentence of | ||||||
| 9 | imprisonment,
without conditional and revocable release, shall | ||||||
| 10 | be imposed
by law as a consequence of conviction, where the | ||||||
| 11 | court after a hearing,
determines that the release of the | ||||||
| 12 | defendant would pose a real and present
threat to the physical | ||||||
| 13 | safety of any person or persons; stalking or
aggravated | ||||||
| 14 | stalking, where the court, after a hearing, determines that | ||||||
| 15 | the
release of the defendant would pose a real and present | ||||||
| 16 | threat to the
physical safety of the alleged victim of the | ||||||
| 17 | offense and denial of bail
is necessary to prevent fulfillment | ||||||
| 18 | of the threat upon which the charge
is based;
or unlawful use | ||||||
| 19 | of weapons in violation of item (4) of subsection (a) of
| ||||||
| 20 | Section 24-1 of the
Criminal Code of 1961 or the Criminal Code | ||||||
| 21 | of 2012 when that offense occurred in a school or in any
| ||||||
| 22 | conveyance owned,
leased, or contracted by a school to | ||||||
| 23 | transport students to or from school or a
school-related
| ||||||
| 24 | activity, or on any public way within 1,000 feet of real | ||||||
| 25 | property comprising
any school, where
the court, after a | ||||||
| 26 | hearing, determines that the release of the defendant would
| ||||||
| |||||||
| |||||||
| 1 | pose a real and
present threat to the physical safety of any | ||||||
| 2 | person and denial of bail is
necessary to prevent
fulfillment | ||||||
| 3 | of that threat; or making a terrorist threat in violation of
| ||||||
| 4 | Section 29D-20 of the Criminal Code of 1961 or the Criminal | ||||||
| 5 | Code of 2012 or an attempt to commit the offense of making a | ||||||
| 6 | terrorist threat, where the court, after a hearing, determines | ||||||
| 7 | that the release of the defendant would pose a real and present | ||||||
| 8 | threat to the physical safety of any person and denial of bail | ||||||
| 9 | is necessary to prevent fulfillment of that threat.
| ||||||
| 10 | (b) A person seeking pretrial release on bail who is | ||||||
| 11 | charged with a capital
offense or an offense for which a | ||||||
| 12 | sentence of life imprisonment may be
imposed shall not be | ||||||
| 13 | eligible for release pretrial bailable until a hearing is held | ||||||
| 14 | wherein such person
has the burden of demonstrating that the | ||||||
| 15 | proof of his guilt is not evident
and the presumption is not | ||||||
| 16 | great.
| ||||||
| 17 | (c) Where it is alleged that pretrial bail should be | ||||||
| 18 | denied to a person upon the
grounds that the person presents a | ||||||
| 19 | real and present threat to the physical
safety of any person or | ||||||
| 20 | persons, the burden of proof of such allegations
shall be upon | ||||||
| 21 | the State.
| ||||||
| 22 | (d) When it is alleged that pretrial bail should be denied | ||||||
| 23 | to a person
charged with stalking or aggravated stalking upon | ||||||
| 24 | the grounds set forth in
Section 110-6.3 of this Code, the | ||||||
| 25 | burden of proof of those allegations shall be
upon the State.
| ||||||
| 26 | (Source: P.A. 97-1150, eff. 1-25-13; 101-652.)
| ||||||
| |||||||
| |||||||
| 1 | (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
| ||||||
| 2 | (Text of Section before amendment by P.A. 101-652)
| ||||||
| 3 | Sec. 110-5. Determining the amount of bail and conditions | ||||||
| 4 | of release.
| ||||||
| 5 | (a) In determining the amount of monetary bail or | ||||||
| 6 | conditions of release, if
any,
which will reasonably assure | ||||||
| 7 | the appearance of a defendant as required or
the safety of any | ||||||
| 8 | other person or the community and the likelihood of
compliance | ||||||
| 9 | by the
defendant with all the conditions of bail, the court | ||||||
| 10 | shall, on the
basis of available information, take into | ||||||
| 11 | account such matters as the
nature and circumstances of the | ||||||
| 12 | offense charged, whether the evidence
shows that as part of | ||||||
| 13 | the offense there was a use of violence or threatened
use of | ||||||
| 14 | violence, whether the offense involved corruption of public
| ||||||
| 15 | officials or employees, whether there was physical harm or | ||||||
| 16 | threats of physical
harm to any
public official, public | ||||||
| 17 | employee, judge, prosecutor, juror or witness,
senior citizen, | ||||||
| 18 | child, or person with a disability, whether evidence shows | ||||||
| 19 | that
during the offense or during the arrest the defendant | ||||||
| 20 | possessed or used a
firearm, machine gun, explosive or metal | ||||||
| 21 | piercing ammunition or explosive
bomb device or any military | ||||||
| 22 | or paramilitary armament,
whether the evidence
shows that the | ||||||
| 23 | offense committed was related to or in furtherance of the
| ||||||
| 24 | criminal activities of an organized gang or was motivated by | ||||||
| 25 | the defendant's
membership in or allegiance to an organized | ||||||
| |||||||
| |||||||
| 1 | gang,
the condition of the
victim, any written statement | ||||||
| 2 | submitted by the victim or proffer or
representation by the | ||||||
| 3 | State regarding the
impact which the alleged criminal conduct | ||||||
| 4 | has had on the victim and the
victim's concern, if any, with | ||||||
| 5 | further contact with the defendant if
released on bail, | ||||||
| 6 | whether the offense was based on racial, religious,
sexual | ||||||
| 7 | orientation or ethnic hatred,
the likelihood of the filing of | ||||||
| 8 | a greater charge, the likelihood of
conviction, the sentence | ||||||
| 9 | applicable upon conviction, the weight of the evidence
against | ||||||
| 10 | such defendant, whether there exists motivation or ability to
| ||||||
| 11 | flee, whether there is any verification as to prior residence, | ||||||
| 12 | education,
or family ties in the local jurisdiction, in | ||||||
| 13 | another county,
state or foreign country, the defendant's | ||||||
| 14 | employment, financial resources,
character and mental | ||||||
| 15 | condition, past conduct, prior use of alias names or
dates of | ||||||
| 16 | birth, and length of residence in the community,
the consent | ||||||
| 17 | of the defendant to periodic drug testing in accordance with
| ||||||
| 18 | Section 110-6.5,
whether a foreign national defendant is | ||||||
| 19 | lawfully admitted in the United
States of America, whether the | ||||||
| 20 | government of the foreign national
maintains an extradition | ||||||
| 21 | treaty with the United States by which the foreign
government | ||||||
| 22 | will extradite to the United States its national for a trial | ||||||
| 23 | for
a crime allegedly committed in the United States, whether | ||||||
| 24 | the defendant is
currently subject to deportation or exclusion | ||||||
| 25 | under the immigration laws of
the United States, whether the | ||||||
| 26 | defendant, although a United States citizen,
is considered | ||||||
| |||||||
| |||||||
| 1 | under the law of any foreign state a national of that state
for | ||||||
| 2 | the purposes of extradition or non-extradition to the United | ||||||
| 3 | States,
the amount of unrecovered proceeds lost as a result of
| ||||||
| 4 | the alleged offense, the
source of bail funds tendered or | ||||||
| 5 | sought to be tendered for bail,
whether from the totality of | ||||||
| 6 | the court's consideration,
the loss of funds posted or sought | ||||||
| 7 | to be posted for bail will not deter the
defendant from flight, | ||||||
| 8 | whether the evidence shows that the defendant is
engaged in | ||||||
| 9 | significant
possession, manufacture, or delivery of a | ||||||
| 10 | controlled substance or cannabis,
either individually or in | ||||||
| 11 | consort with others,
whether at the time of the offense
| ||||||
| 12 | charged he or she was on bond or pre-trial release pending | ||||||
| 13 | trial, probation,
periodic imprisonment or conditional | ||||||
| 14 | discharge pursuant to this Code or the
comparable Code of any | ||||||
| 15 | other state or federal jurisdiction, whether the
defendant is | ||||||
| 16 | on bond or
pre-trial release pending the imposition or | ||||||
| 17 | execution of sentence or appeal of
sentence for any offense | ||||||
| 18 | under the laws of Illinois or any other state or
federal | ||||||
| 19 | jurisdiction, whether the defendant is under parole, aftercare | ||||||
| 20 | release, mandatory
supervised release, or
work release from | ||||||
| 21 | the Illinois Department of Corrections or Illinois Department | ||||||
| 22 | of Juvenile Justice or any penal
institution or corrections | ||||||
| 23 | department of any state or federal
jurisdiction, the | ||||||
| 24 | defendant's record of convictions, whether the defendant has | ||||||
| 25 | been
convicted of a misdemeanor or ordinance offense in | ||||||
| 26 | Illinois or similar
offense in other state or federal | ||||||
| |||||||
| |||||||
| 1 | jurisdiction within the 10 years
preceding the current charge | ||||||
| 2 | or convicted of a felony in Illinois, whether
the defendant | ||||||
| 3 | was convicted of an offense in another state or federal
| ||||||
| 4 | jurisdiction that would
be a felony if committed in Illinois | ||||||
| 5 | within the 20 years preceding the
current charge or has been | ||||||
| 6 | convicted of such felony and released from the
penitentiary | ||||||
| 7 | within 20 years preceding the current charge if a
penitentiary | ||||||
| 8 | sentence was imposed in Illinois or other state or federal
| ||||||
| 9 | jurisdiction, the defendant's records of juvenile adjudication | ||||||
| 10 | of delinquency in any
jurisdiction, any record of appearance | ||||||
| 11 | or failure to appear by
the defendant at
court proceedings, | ||||||
| 12 | whether there was flight to avoid arrest or
prosecution, | ||||||
| 13 | whether the defendant escaped or
attempted to escape to avoid | ||||||
| 14 | arrest, whether the defendant refused to
identify himself or | ||||||
| 15 | herself, or whether there was a refusal by the defendant to be
| ||||||
| 16 | fingerprinted as required by law. Information used by the | ||||||
| 17 | court in its
findings or stated in or
offered in connection | ||||||
| 18 | with this Section may be by way of proffer based upon
reliable | ||||||
| 19 | information offered by the State or defendant.
All evidence | ||||||
| 20 | shall be admissible if it is relevant and
reliable regardless | ||||||
| 21 | of whether it would be admissible under the rules of
evidence | ||||||
| 22 | applicable at criminal trials.
If the State presents evidence | ||||||
| 23 | that the offense committed by the defendant
was related to or | ||||||
| 24 | in furtherance of the criminal activities of an organized
gang | ||||||
| 25 | or was motivated by the defendant's membership in or | ||||||
| 26 | allegiance to an
organized gang, and if the court determines | ||||||
| |||||||
| |||||||
| 1 | that the evidence may be
substantiated, the court shall | ||||||
| 2 | prohibit the defendant from associating with
other members of | ||||||
| 3 | the organized gang as a condition of bail or release.
For the | ||||||
| 4 | purposes of this Section,
"organized gang" has the meaning | ||||||
| 5 | ascribed to it in Section 10 of the Illinois
Streetgang | ||||||
| 6 | Terrorism Omnibus Prevention Act.
| ||||||
| 7 | (a-5) There shall be a presumption that any conditions of | ||||||
| 8 | release imposed shall be non-monetary in nature and the court | ||||||
| 9 | shall impose the least restrictive conditions or combination | ||||||
| 10 | of conditions necessary to reasonably assure the appearance of | ||||||
| 11 | the defendant for further court proceedings and protect the | ||||||
| 12 | integrity of
the judicial proceedings from a specific threat | ||||||
| 13 | to a witness or
participant. Conditions of release may | ||||||
| 14 | include, but not be limited to, electronic home monitoring, | ||||||
| 15 | curfews, drug counseling, stay-away orders, and in-person | ||||||
| 16 | reporting. The court shall consider the defendant's | ||||||
| 17 | socio-economic circumstance when setting conditions of release | ||||||
| 18 | or imposing monetary bail. | ||||||
| 19 | (b) The amount of bail shall be:
| ||||||
| 20 | (1) Sufficient to assure compliance with the | ||||||
| 21 | conditions set forth in the
bail bond, which shall include | ||||||
| 22 | the defendant's current address with a written
| ||||||
| 23 | admonishment to the defendant that he or she must comply | ||||||
| 24 | with the provisions of
Section 110-12 regarding any change | ||||||
| 25 | in his or her address. The defendant's
address shall at | ||||||
| 26 | all times remain a matter of public record with the clerk
| ||||||
| |||||||
| |||||||
| 1 | of the court.
| ||||||
| 2 | (2) Not oppressive.
| ||||||
| 3 | (3) Considerate of the financial ability of the | ||||||
| 4 | accused.
| ||||||
| 5 | (4) When a person is charged with a drug related | ||||||
| 6 | offense involving
possession or delivery of cannabis or | ||||||
| 7 | possession or delivery of a
controlled substance as | ||||||
| 8 | defined in the Cannabis Control Act,
the Illinois | ||||||
| 9 | Controlled Substances Act, or the Methamphetamine Control | ||||||
| 10 | and Community Protection Act, the full street value
of the | ||||||
| 11 | drugs seized shall be considered. "Street value" shall be
| ||||||
| 12 | determined by the court on the basis of a proffer by the | ||||||
| 13 | State based upon
reliable information of a law enforcement | ||||||
| 14 | official contained in a written
report as to the amount | ||||||
| 15 | seized and such proffer may be used by the court as
to the | ||||||
| 16 | current street value of the smallest unit of the drug | ||||||
| 17 | seized.
| ||||||
| 18 | (b-5) Upon the filing of a written request demonstrating | ||||||
| 19 | reasonable cause, the State's Attorney may request a source of | ||||||
| 20 | bail hearing either before or after the posting of any funds.
| ||||||
| 21 | If the hearing is granted, before the posting of any bail, the | ||||||
| 22 | accused must file a written notice requesting that the court | ||||||
| 23 | conduct a source of bail hearing. The notice must be | ||||||
| 24 | accompanied by justifying affidavits stating the legitimate | ||||||
| 25 | and lawful source of funds for bail. At the hearing, the court | ||||||
| 26 | shall inquire into any matters stated in any justifying | ||||||
| |||||||
| |||||||
| 1 | affidavits, and may also inquire into matters appropriate to | ||||||
| 2 | the determination which shall include, but are not limited to, | ||||||
| 3 | the following: | ||||||
| 4 | (1) the background, character, reputation, and | ||||||
| 5 | relationship to the accused of any surety; and | ||||||
| 6 | (2) the source of any money or property deposited by | ||||||
| 7 | any surety, and whether any such money or property | ||||||
| 8 | constitutes the fruits of criminal or unlawful conduct; | ||||||
| 9 | and | ||||||
| 10 | (3) the source of any money posted as cash bail, and | ||||||
| 11 | whether any such money constitutes the fruits of criminal | ||||||
| 12 | or unlawful conduct; and | ||||||
| 13 | (4) the background, character, reputation, and | ||||||
| 14 | relationship to the accused of the person posting cash | ||||||
| 15 | bail. | ||||||
| 16 | Upon setting the hearing, the court shall examine, under | ||||||
| 17 | oath, any persons who may possess material information. | ||||||
| 18 | The State's Attorney has a right to attend the hearing, to | ||||||
| 19 | call witnesses and to examine any witness in the proceeding. | ||||||
| 20 | The court shall, upon request of the State's Attorney, | ||||||
| 21 | continue the proceedings for a reasonable period to allow the | ||||||
| 22 | State's Attorney to investigate the matter raised in any | ||||||
| 23 | testimony or affidavit.
If the hearing is granted after the | ||||||
| 24 | accused has posted bail, the court shall conduct a hearing | ||||||
| 25 | consistent with this subsection (b-5). At the conclusion of | ||||||
| 26 | the hearing, the court must issue an order either approving or | ||||||
| |||||||
| |||||||
| 1 | of disapproving the bail.
| ||||||
| 2 | (c) When a person is charged with an offense punishable by | ||||||
| 3 | fine only the
amount of the bail shall not exceed double the | ||||||
| 4 | amount of the maximum penalty.
| ||||||
| 5 | (d) When a person has been convicted of an offense and only | ||||||
| 6 | a fine has
been imposed the amount of the bail shall not exceed | ||||||
| 7 | double the amount of
the fine.
| ||||||
| 8 | (e) The State may appeal any order granting bail or | ||||||
| 9 | setting
a given amount for bail. | ||||||
| 10 | (f) When a person is charged with a violation of an order | ||||||
| 11 | of protection under Section 12-3.4 or 12-30 of the Criminal | ||||||
| 12 | Code of 1961 or the Criminal Code of 2012 or when a person is | ||||||
| 13 | charged with domestic battery, aggravated domestic battery, | ||||||
| 14 | kidnapping, aggravated kidnaping, unlawful restraint, | ||||||
| 15 | aggravated unlawful restraint, stalking, aggravated stalking, | ||||||
| 16 | cyberstalking, harassment by telephone, harassment through | ||||||
| 17 | electronic communications, or an attempt to commit first | ||||||
| 18 | degree murder committed against an intimate partner regardless | ||||||
| 19 | whether an order of protection has been issued against the | ||||||
| 20 | person, | ||||||
| 21 | (1) whether the alleged incident involved harassment | ||||||
| 22 | or abuse, as defined in the Illinois Domestic Violence Act | ||||||
| 23 | of 1986; | ||||||
| 24 | (2) whether the person has a history of domestic | ||||||
| 25 | violence, as defined in the Illinois Domestic Violence | ||||||
| 26 | Act, or a history of other criminal acts; | ||||||
| |||||||
| |||||||
| 1 | (3) based on the mental health of the person; | ||||||
| 2 | (4) whether the person has a history of violating the | ||||||
| 3 | orders of any court or governmental entity; | ||||||
| 4 | (5) whether the person has been, or is, potentially a | ||||||
| 5 | threat to any other person; | ||||||
| 6 | (6) whether the person has access to deadly weapons or | ||||||
| 7 | a history of using deadly weapons; | ||||||
| 8 | (7) whether the person has a history of abusing | ||||||
| 9 | alcohol or any controlled substance; | ||||||
| 10 | (8) based on the severity of the alleged incident that | ||||||
| 11 | is the basis of the alleged offense, including, but not | ||||||
| 12 | limited to, the duration of the current incident, and | ||||||
| 13 | whether the alleged incident involved the use of a weapon, | ||||||
| 14 | physical injury, sexual assault, strangulation, abuse | ||||||
| 15 | during the alleged victim's pregnancy, abuse of pets, or | ||||||
| 16 | forcible entry to gain access to the alleged victim; | ||||||
| 17 | (9) whether a separation of the person from the | ||||||
| 18 | alleged victim or a termination of the relationship | ||||||
| 19 | between the person and the alleged victim has recently | ||||||
| 20 | occurred or is pending; | ||||||
| 21 | (10) whether the person has exhibited obsessive or | ||||||
| 22 | controlling behaviors toward the alleged victim, | ||||||
| 23 | including, but not limited to, stalking, surveillance, or | ||||||
| 24 | isolation of the alleged victim or victim's family member | ||||||
| 25 | or members; | ||||||
| 26 | (11) whether the person has expressed suicidal or | ||||||
| |||||||
| |||||||
| 1 | homicidal ideations; | ||||||
| 2 | (12) based on any information contained in the | ||||||
| 3 | complaint and any police reports, affidavits, or other | ||||||
| 4 | documents accompanying the complaint, | ||||||
| 5 | the court may, in its discretion, order the respondent to | ||||||
| 6 | undergo a risk assessment evaluation using a recognized, | ||||||
| 7 | evidence-based instrument conducted by an Illinois Department | ||||||
| 8 | of Human Services approved partner abuse intervention program | ||||||
| 9 | provider, pretrial service, probation, or parole agency. These | ||||||
| 10 | agencies shall have access to summaries of the defendant's | ||||||
| 11 | criminal history, which shall not include victim interviews or | ||||||
| 12 | information, for the risk evaluation. Based on the information | ||||||
| 13 | collected from the 12 points to be considered at a bail hearing | ||||||
| 14 | under this subsection (f), the results of any risk evaluation | ||||||
| 15 | conducted and the other circumstances of the violation, the | ||||||
| 16 | court may order that the person, as a condition of bail, be | ||||||
| 17 | placed under electronic surveillance as provided in Section | ||||||
| 18 | 5-8A-7 of the Unified Code of Corrections. Upon making a | ||||||
| 19 | determination whether or not to order the respondent to | ||||||
| 20 | undergo a risk assessment evaluation or to be placed under | ||||||
| 21 | electronic surveillance and risk assessment, the court shall | ||||||
| 22 | document in the record the court's reasons for making those | ||||||
| 23 | determinations. The cost of the electronic surveillance and | ||||||
| 24 | risk assessment shall be paid by, or on behalf, of the | ||||||
| 25 | defendant. As used in this subsection (f), "intimate partner" | ||||||
| 26 | means a spouse or a current or former partner in a cohabitation | ||||||
| |||||||
| |||||||
| 1 | or dating relationship.
| ||||||
| 2 | (Source: P.A. 99-143, eff. 7-27-15; 100-1, eff. 1-1-18; | ||||||
| 3 | revised 7-12-19.)
| ||||||
| 4 | (Text of Section after amendment by P.A. 101-652) | ||||||
| 5 | Sec. 110-5. Determining the amount of bail and conditions | ||||||
| 6 | of release.
| ||||||
| 7 | (a) In determining which the amount of monetary bail or | ||||||
| 8 | conditions of pretrial release, if
any,
which will reasonably | ||||||
| 9 | assure the appearance of a defendant as required or
the safety | ||||||
| 10 | of any other person or the community and the likelihood of
| ||||||
| 11 | compliance by the
defendant with all the conditions of | ||||||
| 12 | pretrial release bail, the court shall, on the
basis of | ||||||
| 13 | available information, take into account such matters as: | ||||||
| 14 | (1) the
nature and circumstances of the offense | ||||||
| 15 | charged; | ||||||
| 16 | (2) the weight of the evidence against the eligible | ||||||
| 17 | defendant, except that the court may consider the | ||||||
| 18 | admissibility of any evidence sought to be excluded; | ||||||
| 19 | (3) the history and characteristics of the eligible | ||||||
| 20 | defendant, including: | ||||||
| 21 | (A) the eligible defendant's character, physical | ||||||
| 22 | and mental condition, family ties, employment, | ||||||
| 23 | financial resources, length of residence in the | ||||||
| 24 | community, community ties, past relating to drug or | ||||||
| 25 | alcohol abuse, conduct, history criminal history, and | ||||||
| |||||||
| |||||||
| 1 | record concerning appearance at court proceedings; and | ||||||
| 2 | (B) whether, at the time of the current offense or | ||||||
| 3 | arrest, the eligible defendant was on probation, | ||||||
| 4 | parole, or on other release pending trial, sentencing, | ||||||
| 5 | appeal, or completion of sentence for an offense under | ||||||
| 6 | federal law, or the law of this or any other state; | ||||||
| 7 | (4) the nature and seriousness of the specific, real | ||||||
| 8 | and present threat to any person that would be posed by the | ||||||
| 9 | eligible defendant's release, if applicable; as required | ||||||
| 10 | under paragraph (7.5) of Section 4 of the Rights of Crime | ||||||
| 11 | Victims and Witnesses Act; and | ||||||
| 12 | (5) the nature and seriousness of the risk of | ||||||
| 13 | obstructing or attempting to obstruct the criminal justice | ||||||
| 14 | process that would be posed by the eligible defendant's | ||||||
| 15 | release, if applicable. | ||||||
| 16 | (b) The court shall impose any conditions that are | ||||||
| 17 | mandatory under Section 110-10. The court may impose any | ||||||
| 18 | conditions that are permissible under Section 110-10., whether | ||||||
| 19 | the evidence
shows that as part of the offense there was a use | ||||||
| 20 | of violence or threatened
use of violence, whether the offense | ||||||
| 21 | involved corruption of public
officials or employees, whether | ||||||
| 22 | there was physical harm or threats of physical
harm to any
| ||||||
| 23 | public official, public employee, judge, prosecutor, juror or | ||||||
| 24 | witness,
senior citizen, child, or person with a disability, | ||||||
| 25 | whether evidence shows that
during the offense or during the | ||||||
| 26 | arrest the defendant possessed or used a
firearm, machine gun, | ||||||
| |||||||
| |||||||
| 1 | explosive or metal piercing ammunition or explosive
bomb | ||||||
| 2 | device or any military or paramilitary armament,
whether the | ||||||
| 3 | evidence
shows that the offense committed was related to or in | ||||||
| 4 | furtherance of the
criminal activities of an organized gang or | ||||||
| 5 | was motivated by the defendant's
membership in or allegiance | ||||||
| 6 | to an organized gang,
the condition of the
victim, any written | ||||||
| 7 | statement submitted by the victim or proffer or
representation | ||||||
| 8 | by the State regarding the
impact which the alleged criminal | ||||||
| 9 | conduct has had on the victim and the
victim's concern, if any, | ||||||
| 10 | with further contact with the defendant if
released on bail, | ||||||
| 11 | whether the offense was based on racial, religious,
sexual | ||||||
| 12 | orientation or ethnic hatred,
the likelihood of the filing of | ||||||
| 13 | a greater charge, the likelihood of
conviction, the sentence | ||||||
| 14 | applicable upon conviction, the weight of the evidence
against | ||||||
| 15 | such defendant, whether there exists motivation or ability to
| ||||||
| 16 | flee, whether there is any verification as to prior residence, | ||||||
| 17 | education,
or family ties in the local jurisdiction, in | ||||||
| 18 | another county,
state or foreign country, the defendant's | ||||||
| 19 | employment, financial resources,
character and mental | ||||||
| 20 | condition, past conduct, prior use of alias names or
dates of | ||||||
| 21 | birth, and length of residence in the community,
the consent | ||||||
| 22 | of the defendant to periodic drug testing in accordance with
| ||||||
| 23 | Section 110-6.5,
whether a foreign national defendant is | ||||||
| 24 | lawfully admitted in the United
States of America, whether the | ||||||
| 25 | government of the foreign national
maintains an extradition | ||||||
| 26 | treaty with the United States by which the foreign
government | ||||||
| |||||||
| |||||||
| 1 | will extradite to the United States its national for a trial | ||||||
| 2 | for
a crime allegedly committed in the United States, whether | ||||||
| 3 | the defendant is
currently subject to deportation or exclusion | ||||||
| 4 | under the immigration laws of
the United States, whether the | ||||||
| 5 | defendant, although a United States citizen,
is considered | ||||||
| 6 | under the law of any foreign state a national of that state
for | ||||||
| 7 | the purposes of extradition or non-extradition to the United | ||||||
| 8 | States,
the amount of unrecovered proceeds lost as a result of
| ||||||
| 9 | the alleged offense, the
source of bail funds tendered or | ||||||
| 10 | sought to be tendered for bail,
whether from the totality of | ||||||
| 11 | the court's consideration,
the loss of funds posted or sought | ||||||
| 12 | to be posted for bail will not deter the
defendant from flight, | ||||||
| 13 | whether the evidence shows that the defendant is
engaged in | ||||||
| 14 | significant
possession, manufacture, or delivery of a | ||||||
| 15 | controlled substance or cannabis,
either individually or in | ||||||
| 16 | consort with others,
whether at the time of the offense
| ||||||
| 17 | charged he or she was on bond or pre-trial release pending | ||||||
| 18 | trial, probation,
periodic imprisonment or conditional | ||||||
| 19 | discharge pursuant to this Code or the
comparable Code of any | ||||||
| 20 | other state or federal jurisdiction, whether the
defendant is | ||||||
| 21 | on bond or
pre-trial release pending the imposition or | ||||||
| 22 | execution of sentence or appeal of
sentence for any offense | ||||||
| 23 | under the laws of Illinois or any other state or
federal | ||||||
| 24 | jurisdiction, whether the defendant is under parole, aftercare | ||||||
| 25 | release, mandatory
supervised release, or
work release from | ||||||
| 26 | the Illinois Department of Corrections or Illinois Department | ||||||
| |||||||
| |||||||
| 1 | of Juvenile Justice or any penal
institution or corrections | ||||||
| 2 | department of any state or federal
jurisdiction, the | ||||||
| 3 | defendant's record of convictions, whether the defendant has | ||||||
| 4 | been
convicted of a misdemeanor or ordinance offense in | ||||||
| 5 | Illinois or similar
offense in other state or federal | ||||||
| 6 | jurisdiction within the 10 years
preceding the current charge | ||||||
| 7 | or convicted of a felony in Illinois, whether
the defendant | ||||||
| 8 | was convicted of an offense in another state or federal
| ||||||
| 9 | jurisdiction that would
be a felony if committed in Illinois | ||||||
| 10 | within the 20 years preceding the
current charge or has been | ||||||
| 11 | convicted of such felony and released from the
penitentiary | ||||||
| 12 | within 20 years preceding the current charge if a
penitentiary | ||||||
| 13 | sentence was imposed in Illinois or other state or federal
| ||||||
| 14 | jurisdiction, the defendant's records of juvenile adjudication | ||||||
| 15 | of delinquency in any
jurisdiction, any record of appearance | ||||||
| 16 | or failure to appear by
the defendant at
court proceedings, | ||||||
| 17 | whether there was flight to avoid arrest or
prosecution, | ||||||
| 18 | whether the defendant escaped or
attempted to escape to avoid | ||||||
| 19 | arrest, whether the defendant refused to
identify himself or | ||||||
| 20 | herself, or whether there was a refusal by the defendant to be
| ||||||
| 21 | fingerprinted as required by law. Information used by the | ||||||
| 22 | court in its
findings or stated in or
offered in connection | ||||||
| 23 | with this Section may be by way of proffer based upon
reliable | ||||||
| 24 | information offered by the State or defendant.
All evidence | ||||||
| 25 | shall be admissible if it is relevant and
reliable regardless | ||||||
| 26 | of whether it would be admissible under the rules of
evidence | ||||||
| |||||||
| |||||||
| 1 | applicable at criminal trials.
If the State presents evidence | ||||||
| 2 | that the offense committed by the defendant
was related to or | ||||||
| 3 | in furtherance of the criminal activities of an organized
gang | ||||||
| 4 | or was motivated by the defendant's membership in or | ||||||
| 5 | allegiance to an
organized gang, and if the court determines | ||||||
| 6 | that the evidence may be
substantiated, the court shall | ||||||
| 7 | prohibit the defendant from associating with
other members of | ||||||
| 8 | the organized gang as a condition of bail or release.
For the | ||||||
| 9 | purposes of this Section,
"organized gang" has the meaning | ||||||
| 10 | ascribed to it in Section 10 of the Illinois
Streetgang | ||||||
| 11 | Terrorism Omnibus Prevention Act.
| ||||||
| 12 | (a-5) There shall be a presumption that any conditions of | ||||||
| 13 | release imposed shall be non-monetary in nature and the court | ||||||
| 14 | shall impose the least restrictive conditions or combination | ||||||
| 15 | of conditions necessary to reasonably assure the appearance of | ||||||
| 16 | the defendant for further court proceedings and protect the | ||||||
| 17 | integrity of
the judicial proceedings from a specific threat | ||||||
| 18 | to a witness or
participant. Conditions of release may | ||||||
| 19 | include, but not be limited to, electronic home monitoring, | ||||||
| 20 | curfews, drug counseling, stay-away orders, and in-person | ||||||
| 21 | reporting. The court shall consider the defendant's | ||||||
| 22 | socio-economic circumstance when setting conditions of release | ||||||
| 23 | or imposing monetary bail. | ||||||
| 24 | (b) The amount of bail shall be:
| ||||||
| 25 | (1) Sufficient to assure compliance with the | ||||||
| 26 | conditions set forth in the
bail bond, which shall include | ||||||
| |||||||
| |||||||
| 1 | the defendant's current address with a written
| ||||||
| 2 | admonishment to the defendant that he or she must comply | ||||||
| 3 | with the provisions of
Section 110-12 regarding any change | ||||||
| 4 | in his or her address. The defendant's
address shall at | ||||||
| 5 | all times remain a matter of public record with the clerk
| ||||||
| 6 | of the court.
| ||||||
| 7 | (2) Not oppressive.
| ||||||
| 8 | (3) Considerate of the financial ability of the | ||||||
| 9 | accused.
| ||||||
| 10 | (4) When a person is charged with a drug related | ||||||
| 11 | offense involving
possession or delivery of cannabis or | ||||||
| 12 | possession or delivery of a
controlled substance as | ||||||
| 13 | defined in the Cannabis Control Act,
the Illinois | ||||||
| 14 | Controlled Substances Act, or the Methamphetamine Control | ||||||
| 15 | and Community Protection Act, the full street value
of the | ||||||
| 16 | drugs seized shall be considered. "Street value" shall be
| ||||||
| 17 | determined by the court on the basis of a proffer by the | ||||||
| 18 | State based upon
reliable information of a law enforcement | ||||||
| 19 | official contained in a written
report as to the amount | ||||||
| 20 | seized and such proffer may be used by the court as
to the | ||||||
| 21 | current street value of the smallest unit of the drug | ||||||
| 22 | seized.
| ||||||
| 23 | (b-5) Upon the filing of a written request demonstrating | ||||||
| 24 | reasonable cause, the State's Attorney may request a source of | ||||||
| 25 | bail hearing either before or after the posting of any funds.
| ||||||
| 26 | If the hearing is granted, before the posting of any bail, the | ||||||
| |||||||
| |||||||
| 1 | accused must file a written notice requesting that the court | ||||||
| 2 | conduct a source of bail hearing. The notice must be | ||||||
| 3 | accompanied by justifying affidavits stating the legitimate | ||||||
| 4 | and lawful source of funds for bail. At the hearing, the court | ||||||
| 5 | shall inquire into any matters stated in any justifying | ||||||
| 6 | affidavits, and may also inquire into matters appropriate to | ||||||
| 7 | the determination which shall include, but are not limited to, | ||||||
| 8 | the following: | ||||||
| 9 | (1) the background, character, reputation, and | ||||||
| 10 | relationship to the accused of any surety; and | ||||||
| 11 | (2) the source of any money or property deposited by | ||||||
| 12 | any surety, and whether any such money or property | ||||||
| 13 | constitutes the fruits of criminal or unlawful conduct; | ||||||
| 14 | and | ||||||
| 15 | (3) the source of any money posted as cash bail, and | ||||||
| 16 | whether any such money constitutes the fruits of criminal | ||||||
| 17 | or unlawful conduct; and | ||||||
| 18 | (4) the background, character, reputation, and | ||||||
| 19 | relationship to the accused of the person posting cash | ||||||
| 20 | bail. | ||||||
| 21 | Upon setting the hearing, the court shall examine, under | ||||||
| 22 | oath, any persons who may possess material information. | ||||||
| 23 | The State's Attorney has a right to attend the hearing, to | ||||||
| 24 | call witnesses and to examine any witness in the proceeding. | ||||||
| 25 | The court shall, upon request of the State's Attorney, | ||||||
| 26 | continue the proceedings for a reasonable period to allow the | ||||||
| |||||||
| |||||||
| 1 | State's Attorney to investigate the matter raised in any | ||||||
| 2 | testimony or affidavit.
If the hearing is granted after the | ||||||
| 3 | accused has posted bail, the court shall conduct a hearing | ||||||
| 4 | consistent with this subsection (b-5). At the conclusion of | ||||||
| 5 | the hearing, the court must issue an order either approving of | ||||||
| 6 | disapproving the bail.
| ||||||
| 7 | (c) When a person is charged with an offense punishable by | ||||||
| 8 | fine only the
amount of the bail shall not exceed double the | ||||||
| 9 | amount of the maximum penalty.
| ||||||
| 10 | (d) When a person has been convicted of an offense and only | ||||||
| 11 | a fine has
been imposed the amount of the bail shall not exceed | ||||||
| 12 | double the amount of
the fine.
| ||||||
| 13 | (e) The State may appeal any order granting bail or | ||||||
| 14 | setting
a given amount for bail. | ||||||
| 15 | (f) (b) When a person is charged with a violation of an | ||||||
| 16 | order of protection under Section 12-3.4 or 12-30 of the | ||||||
| 17 | Criminal Code of 1961 or the Criminal Code of 2012 or when a | ||||||
| 18 | person is charged with domestic battery, aggravated domestic | ||||||
| 19 | battery, kidnapping, aggravated kidnaping, unlawful restraint, | ||||||
| 20 | aggravated unlawful restraint, stalking, aggravated stalking, | ||||||
| 21 | cyberstalking, harassment by telephone, harassment through | ||||||
| 22 | electronic communications, or an attempt to commit first | ||||||
| 23 | degree murder committed against an intimate partner regardless | ||||||
| 24 | whether an order of protection has been issued against the | ||||||
| 25 | person, | ||||||
| 26 | (1) whether the alleged incident involved harassment | ||||||
| |||||||
| |||||||
| 1 | or abuse, as defined in the Illinois Domestic Violence Act | ||||||
| 2 | of 1986; | ||||||
| 3 | (2) whether the person has a history of domestic | ||||||
| 4 | violence, as defined in the Illinois Domestic Violence | ||||||
| 5 | Act, or a history of other criminal acts; | ||||||
| 6 | (3) based on the mental health of the person; | ||||||
| 7 | (4) whether the person has a history of violating the | ||||||
| 8 | orders of any court or governmental entity; | ||||||
| 9 | (5) whether the person has been, or is, potentially a | ||||||
| 10 | threat to any other person; | ||||||
| 11 | (6) whether the person has access to deadly weapons or | ||||||
| 12 | a history of using deadly weapons; | ||||||
| 13 | (7) whether the person has a history of abusing | ||||||
| 14 | alcohol or any controlled substance; | ||||||
| 15 | (8) based on the severity of the alleged incident that | ||||||
| 16 | is the basis of the alleged offense, including, but not | ||||||
| 17 | limited to, the duration of the current incident, and | ||||||
| 18 | whether the alleged incident involved the use of a weapon, | ||||||
| 19 | physical injury, sexual assault, strangulation, abuse | ||||||
| 20 | during the alleged victim's pregnancy, abuse of pets, or | ||||||
| 21 | forcible entry to gain access to the alleged victim; | ||||||
| 22 | (9) whether a separation of the person from the victim | ||||||
| 23 | of abuse alleged victim or a termination of the | ||||||
| 24 | relationship between the person and the victim of abuse | ||||||
| 25 | alleged victim has recently occurred or is pending; | ||||||
| 26 | (10) whether the person has exhibited obsessive or | ||||||
| |||||||
| |||||||
| 1 | controlling behaviors toward the victim of abuse alleged | ||||||
| 2 | victim, including, but not limited to, stalking, | ||||||
| 3 | surveillance, or isolation of the victim of abuse alleged | ||||||
| 4 | victim or victim's family member or members; | ||||||
| 5 | (11) whether the person has expressed suicidal or | ||||||
| 6 | homicidal ideations; | ||||||
| 7 | (11.5) any other factors deemed by the court to have a | ||||||
| 8 | reasonable bearing upon the defendant's propensity or | ||||||
| 9 | reputation for violent, abusive or assaultive behavior, or | ||||||
| 10 | lack of that behavior | ||||||
| 11 | (12) based on any information contained in the | ||||||
| 12 | complaint and any police reports, affidavits, or other | ||||||
| 13 | documents accompanying the complaint, | ||||||
| 14 | the court may, in its discretion, order the respondent to | ||||||
| 15 | undergo a risk assessment evaluation using a recognized, | ||||||
| 16 | evidence-based instrument conducted by an Illinois Department | ||||||
| 17 | of Human Services approved partner abuse intervention program | ||||||
| 18 | provider, pretrial service, probation, or parole agency. These | ||||||
| 19 | agencies shall have access to summaries of the defendant's | ||||||
| 20 | criminal history, which shall not include victim interviews or | ||||||
| 21 | information, for the risk evaluation. Based on the information | ||||||
| 22 | collected from the 12 points to be considered at a bail hearing | ||||||
| 23 | under this subsection (f), the results of any risk evaluation | ||||||
| 24 | conducted and the other circumstances of the violation, the | ||||||
| 25 | court may order that the person, as a condition of bail, be | ||||||
| 26 | placed under electronic surveillance as provided in Section | ||||||
| |||||||
| |||||||
| 1 | 5-8A-7 of the Unified Code of Corrections. Upon making a | ||||||
| 2 | determination whether or not to order the respondent to | ||||||
| 3 | undergo a risk assessment evaluation or to be placed under | ||||||
| 4 | electronic surveillance and risk assessment, the court shall | ||||||
| 5 | document in the record the court's reasons for making those | ||||||
| 6 | determinations. The cost of the electronic surveillance and | ||||||
| 7 | risk assessment shall be paid by, or on behalf, of the | ||||||
| 8 | defendant. As used in this subsection (f), "intimate partner" | ||||||
| 9 | means a spouse or a current or former partner in a cohabitation | ||||||
| 10 | or dating relationship. | ||||||
| 11 | (c) In cases of stalking or aggravated stalking under | ||||||
| 12 | Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the | ||||||
| 13 | court may consider the following additional factors: | ||||||
| 14 | (1) Any evidence of the defendant's prior criminal | ||||||
| 15 | history indicative of violent, abusive or assaultive | ||||||
| 16 | behavior, or lack of that behavior. The evidence may | ||||||
| 17 | include testimony or documents received in juvenile | ||||||
| 18 | proceedings, criminal, quasi-criminal, civil commitment, | ||||||
| 19 | domestic relations or other proceedings; | ||||||
| 20 | (2) Any evidence of the defendant's psychological, | ||||||
| 21 | psychiatric or other similar social history that tends to | ||||||
| 22 | indicate a violent, abusive, or assaultive nature, or lack | ||||||
| 23 | of any such history. | ||||||
| 24 | (3) The nature of the threat which is the basis of the | ||||||
| 25 | charge against the defendant; | ||||||
| 26 | (4) Any statements made by, or attributed to the | ||||||
| |||||||
| |||||||
| 1 | defendant, together with the circumstances surrounding | ||||||
| 2 | them; | ||||||
| 3 | (5) The age and physical condition of any person | ||||||
| 4 | allegedly assaulted by the defendant; | ||||||
| 5 | (6) Whether the defendant is known to possess or have | ||||||
| 6 | access to any weapon or weapons; | ||||||
| 7 | (7) Any other factors deemed by the court to have a | ||||||
| 8 | reasonable bearing upon the defendant's propensity or | ||||||
| 9 | reputation for violent, abusive or assaultive behavior, or | ||||||
| 10 | lack of that behavior. | ||||||
| 11 | (d) The Court may use a regularly validated risk | ||||||
| 12 | assessment tool to aid it determination of appropriate | ||||||
| 13 | conditions of release as provided for in Section 110-6.4. Risk | ||||||
| 14 | assessment tools may not be used as the sole basis to deny | ||||||
| 15 | pretrial release. If a risk assessment tool is used, the | ||||||
| 16 | defendant's counsel shall be provided with the information and | ||||||
| 17 | scoring system of the risk assessment tool used to arrive at | ||||||
| 18 | the determination. The defendant retains the right to | ||||||
| 19 | challenge the validity of a risk assessment tool used by the | ||||||
| 20 | court and to present evidence relevant to the defendant's | ||||||
| 21 | challenge. | ||||||
| 22 | (e) If a person remains in pretrial detention after his or | ||||||
| 23 | her pretrial conditions hearing after having been ordered | ||||||
| 24 | released with pretrial conditions, the court shall hold a | ||||||
| 25 | hearing to determine the reason for continued detention. If | ||||||
| 26 | the reason for continued detention is due to the | ||||||
| |||||||
| |||||||
| 1 | unavailability or the defendant's ineligibility for one or | ||||||
| 2 | more pretrial conditions previously ordered by the court or | ||||||
| 3 | directed by a pretrial services agency, the court shall reopen | ||||||
| 4 | the conditions of release hearing to determine what available | ||||||
| 5 | pretrial conditions exist that will reasonably assure the | ||||||
| 6 | appearance of a defendant as required or the safety of any | ||||||
| 7 | other person and the likelihood of compliance by the defendant | ||||||
| 8 | with all the conditions of pretrial release. The inability of | ||||||
| 9 | Defendant to pay for a condition of release or any other | ||||||
| 10 | ineligibility for a condition of pretrial release shall not be | ||||||
| 11 | used as a justification for the pretrial detention of that | ||||||
| 12 | Defendant. | ||||||
| 13 | (f) Prior to the defendant's first appearance, the Court | ||||||
| 14 | shall appoint the public defender or a licensed attorney at | ||||||
| 15 | law of this State to represent the Defendant for purposes of | ||||||
| 16 | that hearing, unless the defendant has obtained licensed | ||||||
| 17 | counsel for themselves. | ||||||
| 18 | (g) Electronic monitoring, GPS monitoring, or home | ||||||
| 19 | confinement can only be imposed condition of pretrial release | ||||||
| 20 | if a no less restrictive condition of release or combination | ||||||
| 21 | of less restrictive condition of release would reasonably | ||||||
| 22 | ensure the appearance of the defendant for later hearings or | ||||||
| 23 | protect an identifiable person or persons from imminent threat | ||||||
| 24 | of serious physical harm. | ||||||
| 25 | (h) If the court imposes electronic monitoring, GPS | ||||||
| 26 | monitoring, or home confinement the court shall set forth in | ||||||
| |||||||
| |||||||
| 1 | the record the basis for its finding. A defendant shall be | ||||||
| 2 | given custodial credit for each day he or she was subjected to | ||||||
| 3 | that program, at the same rate described in subsection (b) of | ||||||
| 4 | Section 5-4.5-100 of the unified code of correction. | ||||||
| 5 | (i) If electronic monitoring, GPS monitoring, or home | ||||||
| 6 | confinement is imposed, the court shall determine every 60 | ||||||
| 7 | days if no less restrictive condition of release or | ||||||
| 8 | combination of less restrictive conditions of release would | ||||||
| 9 | reasonably ensure the appearance, or continued appearance, of | ||||||
| 10 | the defendant for later hearings or protect an identifiable | ||||||
| 11 | person or persons from imminent threat of serious physical | ||||||
| 12 | harm. If the court finds that there are less restrictive | ||||||
| 13 | conditions of release, the court shall order that the | ||||||
| 14 | condition be removed. | ||||||
| 15 | (j) Crime Victims shall be given notice by the State's | ||||||
| 16 | Attorney's office of this hearing as required in paragraph (1) | ||||||
| 17 | of subsection (b) of Section 4.5 of the Rights of Crime Victims | ||||||
| 18 | and Witnesses Act and shall be informed of their opportunity | ||||||
| 19 | at this hearing to obtain an order of protection under Article | ||||||
| 20 | 112A of this Code.
| ||||||
| 21 | (Source: P.A. 100-1, eff. 1-1-18; 101-652, eff. 1-1-23.)
| ||||||
| 22 | (725 ILCS 5/110-5.2) | ||||||
| 23 | Sec. 110-5.2. Pretrial release Bail; pregnant pre-trial | ||||||
| 24 | detainee. | ||||||
| 25 | (a) It is the policy of this State that a pre-trial | ||||||
| |||||||
| |||||||
| 1 | detainee shall not be required to deliver a child while in | ||||||
| 2 | custody absent a finding by the court that continued pre-trial | ||||||
| 3 | custody is necessary to protect the public or the victim of the | ||||||
| 4 | offense on which the charge is based. | ||||||
| 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 | ||||||
| 14 | (2) that the release of the pregnant pre-trial | ||||||
| 15 | detainee would pose a real and present threat to the | ||||||
| 16 | physical safety of any person or persons or the general | ||||||
| 17 | public. | ||||||
| 18 | (c) The court may order a pregnant or post-partum detainee | ||||||
| 19 | to be subject to electronic monitoring as a condition of | ||||||
| 20 | pre-trial release or order other condition or combination of | ||||||
| 21 | conditions the court reasonably determines are in the best | ||||||
| 22 | interest of the detainee and the public. | ||||||
| 23 | (d) This Section shall be applicable to a pregnant | ||||||
| 24 | pre-trial detainee in custody on or after the effective date | ||||||
| 25 | of this amendatory Act of the 100th General Assembly.
| ||||||
| 26 | (Source: P.A. 100-630, eff. 1-1-19; 101-652.)
| ||||||
| |||||||
| |||||||
| 1 | (725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
| ||||||
| 2 | Sec. 110-6. Revocation of pretrial release, modification | ||||||
| 3 | of conditions of pretrial release, and sanctions for | ||||||
| 4 | violations of conditions of pretrial release Modification of | ||||||
| 5 | bail or conditions. | ||||||
| 6 | (a) When a defendant is granted pretrial release under | ||||||
| 7 | this section, that pretrial release may be revoked only under | ||||||
| 8 | the following conditions: | ||||||
| 9 | (1) if the defendant is charged with a detainable | ||||||
| 10 | felony as defined in 110-6.1, a defendant may be detained | ||||||
| 11 | after the State files a verified petition for such a | ||||||
| 12 | hearing, and gives the defendant notice as prescribed in | ||||||
| 13 | 110-6.1; or | ||||||
| 14 | (2) in accordance with subsection (b) of this section. | ||||||
| 15 | (b) Revocation due to a new criminal charge: If an | ||||||
| 16 | individual, while on pretrial release for a Felony or Class A | ||||||
| 17 | misdemeanor under this Section, is charged with a new felony | ||||||
| 18 | or Class A misdemeanor under the Criminal Code of 2012, the | ||||||
| 19 | court may, on its own motion or motion of the state, begin | ||||||
| 20 | proceedings to revoke the individual's' pretrial release. | ||||||
| 21 | (1) When the defendant is charged with a felony or | ||||||
| 22 | class A misdemeanor offense and while free on pretrial | ||||||
| 23 | release bail is charged with a subsequent felony or class | ||||||
| 24 | A misdemeanor offense that is alleged to have occurred | ||||||
| 25 | during the defendant's pretrial release, the state may | ||||||
| |||||||
| |||||||
| 1 | file a verified petition for revocation of pretrial | ||||||
| 2 | release. | ||||||
| 3 | (2) When a defendant on pretrial release is charged | ||||||
| 4 | with a violation of an order of protection issued under | ||||||
| 5 | Section 112A-14 of this Code, or Section 214 of the | ||||||
| 6 | Illinois Domestic Violence Act of 1986 or previously was | ||||||
| 7 | convicted of a violation of an order of protection under | ||||||
| 8 | Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the | ||||||
| 9 | Criminal Code of 2012, and the subject of the order of | ||||||
| 10 | protection is the same person as the victim in the | ||||||
| 11 | underlying matter, the state shall file a verified | ||||||
| 12 | petition for revocation of pretrial release. | ||||||
| 13 | (3) Upon the filing of this petition, the court shall | ||||||
| 14 | order the transfer of the defendant and the application to | ||||||
| 15 | the court before which the previous felony matter is | ||||||
| 16 | pending. The defendant shall be held without bond pending | ||||||
| 17 | transfer to and a hearing before such court. The defendant | ||||||
| 18 | shall be transferred to the court before which the | ||||||
| 19 | previous matter is pending without unnecessary delay. In | ||||||
| 20 | no event shall the time between the filing of the state's | ||||||
| 21 | petition for revocation and the defendant's appearance | ||||||
| 22 | before the court before which the previous matter is | ||||||
| 23 | pending exceed 72 hours. | ||||||
| 24 | (4) The court before which the previous felony matter | ||||||
| 25 | is pending may revoke the defendant's pretrial release | ||||||
| 26 | only if it finds, after considering all relevant | ||||||
| |||||||
| |||||||
| 1 | circumstances including, but not limited to, the nature | ||||||
| 2 | and seriousness of the violation or criminal act alleged, | ||||||
| 3 | by the court finds clear and convincing evidence that no | ||||||
| 4 | condition or combination of conditions of release would | ||||||
| 5 | reasonably assure the appearance of the defendant for | ||||||
| 6 | later hearings or prevent the defendant from being charged | ||||||
| 7 | with a subsequent felony or class A misdemeanor. | ||||||
| 8 | (5) In lieu of revocation, the court may release the | ||||||
| 9 | defendant pre-trial, with or without modification of | ||||||
| 10 | conditions of pretrial release. | ||||||
| 11 | (6) If the case that caused the revocation is | ||||||
| 12 | dismissed, the defendant is found not guilty in the case | ||||||
| 13 | causing the revocation, or the defendant completes a | ||||||
| 14 | lawfully imposed sentence on the case causing the | ||||||
| 15 | revocation, the court shall, without unnecessary delay, | ||||||
| 16 | hold a hearing on conditions of release pursuant to | ||||||
| 17 | section 110-5 and release the defendant with or without | ||||||
| 18 | modification of conditions of pretrial release. | ||||||
| 19 | (7) Both the state and the defense may appeal an order | ||||||
| 20 | revoking pretrial release or denying a petition for | ||||||
| 21 | revocation of release. | ||||||
| 22 | (c) Violations other than re-arrest for a felony or class | ||||||
| 23 | A misdemeanor. If a defendant: | ||||||
| 24 | (1) fails to appear in court as required by their | ||||||
| 25 | conditions of release; | ||||||
| 26 | (2) is charged with a class B or C misdemeanor, petty | ||||||
| |||||||
| |||||||
| 1 | offense, traffic offense, or ordinance violation that is | ||||||
| 2 | alleged to have occurred during the defendant's pretrial | ||||||
| 3 | release; or | ||||||
| 4 | (3) violates any other condition of release set by the | ||||||
| 5 | court,
| ||||||
| 6 | the court shall follow the procedures set forth in Section | ||||||
| 7 | 110-3 to ensure the defendant's appearance in court to address | ||||||
| 8 | the violation. | ||||||
| 9 | (d) When a defendant appears in court for a notice to show | ||||||
| 10 | cause hearing, or after being arrested on a warrant issued | ||||||
| 11 | because of a failure to appear at a notice to show cause | ||||||
| 12 | hearing, or after being arrested for an offense other than a | ||||||
| 13 | felony or class A misdemeanor, the state may file a verified | ||||||
| 14 | petition requesting a hearing for sanctions. | ||||||
| 15 | (e) During the hearing for sanctions, the defendant shall | ||||||
| 16 | be represented by counsel and have an opportunity to be heard | ||||||
| 17 | regarding the violation and evidence in mitigation. The court | ||||||
| 18 | shall only impose sanctions if it finds by clear and | ||||||
| 19 | convincing evidence that: | ||||||
| 20 | 1. The defendant committed an act that violated a term | ||||||
| 21 | of their pretrial release; | ||||||
| 22 | 2. The defendant had actual knowledge that their | ||||||
| 23 | action would violate a court order; | ||||||
| 24 | 3. The violation of the court order was willful; and | ||||||
| 25 | 4. The violation was not caused by a lack of access to | ||||||
| 26 | financial monetary resources. | ||||||
| |||||||
| |||||||
| 1 | (f) Sanctions: sanctions for violations of pretrial | ||||||
| 2 | release may include: | ||||||
| 3 | 1. A verbal or written admonishment from the court; | ||||||
| 4 | 2. Imprisonment in the county jail for a period not | ||||||
| 5 | exceeding 30 days; | ||||||
| 6 | 3. A fine of not more than $200; or | ||||||
| 7 | 4. A modification of the defendant's pretrial | ||||||
| 8 | conditions. | ||||||
| 9 | (g) Modification of Pretrial Conditions | ||||||
| 10 | (a) The court may, at any time, after motion by either | ||||||
| 11 | party or on its own motion, remove previously set | ||||||
| 12 | conditions of pretrial release, subject to the provisions | ||||||
| 13 | in section (e). The court may only add or increase | ||||||
| 14 | conditions of pretrial release at a hearing under this | ||||||
| 15 | Section, in a warrant issued under Section 110-3, or upon | ||||||
| 16 | motion from the state. | ||||||
| 17 | (b) Modification of conditions of release regarding | ||||||
| 18 | contact with victims or witnesses. The court shall not | ||||||
| 19 | remove a previously set condition of bond regulating | ||||||
| 20 | contact with a victim or witness in the case, unless the | ||||||
| 21 | subject of the condition has been given notice of the | ||||||
| 22 | hearing as required in paragraph (1) of subsection (b) of | ||||||
| 23 | Section 4.5 of the Rights of Crime Victims and Witnesses | ||||||
| 24 | Act. If the subject of the condition of release is not | ||||||
| 25 | present, the court shall follow the procedures of | ||||||
| 26 | paragraph (10) of subsection (c-1) of the Rights of Crime | ||||||
| |||||||
| |||||||
| 1 | Victims and Witnesses Act. | ||||||
| 2 | (h) Notice to Victims: Crime Victims shall be given notice | ||||||
| 3 | by the State's Attorney's office of all hearings in this | ||||||
| 4 | section as required in paragraph (1) of subsection (b) of | ||||||
| 5 | Section 4.5 of the Rights of Crime Victims and Witnesses Act | ||||||
| 6 | and shall be informed of their opportunity at these hearing to | ||||||
| 7 | obtain an order of protection under Article 112A of this Code. | ||||||
| 8 | Upon verified application by
the State or the defendant or on | ||||||
| 9 | its own motion the court before which the
proceeding is
| ||||||
| 10 | pending may increase or reduce the amount of bail or may alter | ||||||
| 11 | the
conditions of the bail bond or grant bail where it has been | ||||||
| 12 | previously
revoked or denied.
If bail has been previously | ||||||
| 13 | revoked pursuant to subsection (f) of this
Section or if bail | ||||||
| 14 | has been denied to the defendant pursuant to subsection
(e) of | ||||||
| 15 | Section 110-6.1 or subsection (e) of Section 110-6.3, the | ||||||
| 16 | defendant
shall
be required to present a
verified application | ||||||
| 17 | setting forth in detail any new facts not known or
obtainable | ||||||
| 18 | at the time of the previous revocation or denial of bail
| ||||||
| 19 | proceedings. If the court grants bail where it has been | ||||||
| 20 | previously revoked
or denied, the court shall state on the | ||||||
| 21 | record of the proceedings the
findings of facts and conclusion | ||||||
| 22 | of law upon which such order is based.
| ||||||
| 23 | (a-5) In addition to any other available motion or | ||||||
| 24 | procedure under this Code, a person in custody solely for a | ||||||
| 25 | Category B offense due to an inability to post monetary bail | ||||||
| 26 | shall be brought before the court at the next available court | ||||||
| |||||||
| |||||||
| 1 | date or 7 calendar days from the date bail was set, whichever | ||||||
| 2 | is earlier, for a rehearing on the amount or conditions of bail | ||||||
| 3 | or release pending further court proceedings. The court may | ||||||
| 4 | reconsider conditions of release for any other person whose | ||||||
| 5 | inability to post monetary bail is the sole reason for | ||||||
| 6 | continued incarceration, including a person in custody for a | ||||||
| 7 | Category A offense or a Category A offense and a Category B | ||||||
| 8 | offense. The court may deny the rehearing permitted under this | ||||||
| 9 | subsection (a-5) if the person has failed to appear as | ||||||
| 10 | required before the court and is incarcerated based on a | ||||||
| 11 | warrant for failure to appear on the same original criminal | ||||||
| 12 | offense. | ||||||
| 13 | (b) Violation of the conditions of Section
110-10 of this | ||||||
| 14 | Code or any special conditions of bail as ordered by the
court | ||||||
| 15 | shall constitute grounds for the court to increase
the amount | ||||||
| 16 | of bail, or otherwise alter the conditions of bail, or, where
| ||||||
| 17 | the alleged offense committed on bail is a forcible felony in | ||||||
| 18 | Illinois or
a Class 2 or greater offense under the Illinois
| ||||||
| 19 | Controlled Substances Act, the
Cannabis Control Act, or the | ||||||
| 20 | Methamphetamine Control and Community Protection Act, revoke | ||||||
| 21 | bail
pursuant to the appropriate provisions of subsection (e) | ||||||
| 22 | of this
Section.
| ||||||
| 23 | (c) Reasonable notice of such application by the defendant | ||||||
| 24 | shall be
given to the State.
| ||||||
| 25 | (d) Reasonable notice of such application by the State | ||||||
| 26 | shall be
given to the defendant, except as provided in | ||||||
| |||||||
| |||||||
| 1 | subsection (e).
| ||||||
| 2 | (e) Upon verified application by the State stating facts | ||||||
| 3 | or
circumstances constituting a violation or a threatened
| ||||||
| 4 | violation of any of the
conditions of the bail bond the court | ||||||
| 5 | may issue a warrant commanding any
peace officer to bring the | ||||||
| 6 | defendant without unnecessary delay before
the court for a | ||||||
| 7 | hearing on the matters set forth in the application. If
the | ||||||
| 8 | actual court before which the proceeding is pending is absent | ||||||
| 9 | or
otherwise unavailable another court may issue a warrant | ||||||
| 10 | pursuant to this
Section. When the defendant is charged with a | ||||||
| 11 | felony offense and while
free on bail is charged with a | ||||||
| 12 | subsequent felony offense and is the subject
of a proceeding | ||||||
| 13 | set forth in Section 109-1 or 109-3 of this Code, upon the
| ||||||
| 14 | filing of a verified petition by the State alleging a | ||||||
| 15 | violation of Section
110-10 (a) (4) of this Code, the court | ||||||
| 16 | shall without prior notice to the
defendant, grant leave to | ||||||
| 17 | file such application and shall order the
transfer of the | ||||||
| 18 | defendant and the application without unnecessary delay to
the | ||||||
| 19 | court before which the previous felony matter is pending for a | ||||||
| 20 | hearing
as provided in subsection (b) or this subsection of | ||||||
| 21 | this Section. The
defendant shall be held
without bond pending | ||||||
| 22 | transfer to and a hearing before such court. At
the conclusion | ||||||
| 23 | of the hearing based on a violation of the conditions of
| ||||||
| 24 | Section 110-10 of this Code or any special conditions of bail | ||||||
| 25 | as ordered by
the court the court may enter an order
increasing | ||||||
| 26 | the amount of bail or alter the conditions of bail as deemed
| ||||||
| |||||||
| |||||||
| 1 | appropriate.
| ||||||
| 2 | (f) Where the alleged violation consists of the violation | ||||||
| 3 | of
one or more felony statutes of any jurisdiction which would | ||||||
| 4 | be a
forcible felony in Illinois or a Class 2 or greater | ||||||
| 5 | offense under the
Illinois Controlled Substances Act, the
| ||||||
| 6 | Cannabis Control Act, or the Methamphetamine Control and | ||||||
| 7 | Community Protection Act and the
defendant is on bail for the | ||||||
| 8 | alleged
commission of a felony, or where the defendant is on | ||||||
| 9 | bail for a felony
domestic battery (enhanced pursuant to | ||||||
| 10 | subsection (b) of Section 12-3.2 of the
Criminal Code of 1961 | ||||||
| 11 | or the Criminal Code of 2012), aggravated
domestic battery, | ||||||
| 12 | aggravated battery, unlawful restraint, aggravated unlawful
| ||||||
| 13 | restraint or domestic battery in violation
of item (1) of | ||||||
| 14 | subsection (a) of Section 12-3.2 of the Criminal Code of 1961 | ||||||
| 15 | or the Criminal Code of 2012
against a
family or household | ||||||
| 16 | member as defined in Section 112A-3 of this Code and the
| ||||||
| 17 | violation is an offense of domestic battery against
the same | ||||||
| 18 | victim the court shall, on the motion of the State
or its own | ||||||
| 19 | motion, revoke bail
in accordance with the following | ||||||
| 20 | provisions:
| ||||||
| 21 | (1) The court shall hold the defendant without bail | ||||||
| 22 | pending
the hearing on the alleged breach; however, if the | ||||||
| 23 | defendant
is not admitted to bail the
hearing shall be | ||||||
| 24 | commenced within 10 days from the date the defendant is
| ||||||
| 25 | taken into custody or the defendant may not be held any | ||||||
| 26 | longer without bail, unless delay is occasioned by the | ||||||
| |||||||
| |||||||
| 1 | defendant. Where defendant
occasions the delay, the | ||||||
| 2 | running of the 10 day period is temporarily
suspended and | ||||||
| 3 | resumes at the termination of the period of delay. Where
| ||||||
| 4 | defendant occasions the delay with 5 or fewer days | ||||||
| 5 | remaining in the 10
day period, the court may grant a | ||||||
| 6 | period of up to 5 additional days to
the State for good | ||||||
| 7 | cause shown. The State, however, shall retain the
right to | ||||||
| 8 | proceed to hearing on the alleged violation at any time, | ||||||
| 9 | upon
reasonable notice to the defendant and the court.
| ||||||
| 10 | (2) At a hearing on the alleged violation the State | ||||||
| 11 | has the burden
of going forward and proving the violation | ||||||
| 12 | by clear and convincing
evidence. The evidence shall be | ||||||
| 13 | presented in open court with the
opportunity to testify, | ||||||
| 14 | to present witnesses in his behalf, and to
cross-examine | ||||||
| 15 | witnesses if any are called by the State, and | ||||||
| 16 | representation
by counsel and
if the defendant is indigent | ||||||
| 17 | to have counsel appointed for him. The
rules of evidence | ||||||
| 18 | applicable in criminal trials in this State shall not
| ||||||
| 19 | govern the admissibility of evidence at such hearing.
| ||||||
| 20 | Information used by the court in its findings or stated in | ||||||
| 21 | or offered in
connection with hearings for increase or | ||||||
| 22 | revocation of bail may be by way
of proffer based upon | ||||||
| 23 | reliable information offered by the State or
defendant. | ||||||
| 24 | All evidence shall be admissible if it is relevant and | ||||||
| 25 | reliable
regardless of whether it would be admissible | ||||||
| 26 | under the rules of evidence
applicable at criminal trials. | ||||||
| |||||||
| |||||||
| 1 | A motion by the defendant to suppress
evidence or to | ||||||
| 2 | suppress a confession shall not be entertained at such a
| ||||||
| 3 | hearing. Evidence that proof may have been obtained as a | ||||||
| 4 | result of an
unlawful search and seizure or through | ||||||
| 5 | improper interrogation is not
relevant to this hearing.
| ||||||
| 6 | (3) Upon a finding by the court that the State has | ||||||
| 7 | established by
clear and convincing evidence that the | ||||||
| 8 | defendant has committed a
forcible felony or a Class 2 or | ||||||
| 9 | greater offense under the Illinois Controlled
Substances | ||||||
| 10 | Act, the Cannabis Control Act, or the Methamphetamine | ||||||
| 11 | Control and Community Protection Act while admitted to | ||||||
| 12 | bail, or where the
defendant is on bail for a felony | ||||||
| 13 | domestic battery (enhanced pursuant to
subsection (b) of | ||||||
| 14 | Section 12-3.2 of the Criminal Code of 1961 or the | ||||||
| 15 | Criminal Code of 2012), aggravated
domestic battery, | ||||||
| 16 | aggravated battery, unlawful
restraint, aggravated | ||||||
| 17 | unlawful restraint or domestic battery in violation of
| ||||||
| 18 | item (1) of subsection (a) of Section 12-3.2 of the | ||||||
| 19 | Criminal Code of 1961 or the Criminal Code of 2012
against
| ||||||
| 20 | a family or household member as defined in
Section 112A-3 | ||||||
| 21 | of this Code and the violation is an offense of domestic
| ||||||
| 22 | battery, against the same victim, the court
shall revoke | ||||||
| 23 | the bail of
the defendant and hold the defendant for trial | ||||||
| 24 | without bail. Neither the
finding of the court nor any | ||||||
| 25 | transcript or other record of the hearing
shall be | ||||||
| 26 | admissible in the State's case in chief, but shall be | ||||||
| |||||||
| |||||||
| 1 | admissible
for impeachment, or as provided in Section | ||||||
| 2 | 115-10.1 of this Code or in a
perjury proceeding.
| ||||||
| 3 | (4) If the bail of any defendant is revoked pursuant | ||||||
| 4 | to paragraph
(f) (3) of this Section, the defendant may | ||||||
| 5 | demand and shall be entitled
to be brought to trial on the | ||||||
| 6 | offense with respect to which he was
formerly released on | ||||||
| 7 | bail within 90 days after the date on which his
bail was | ||||||
| 8 | revoked. If the defendant is not brought to trial within | ||||||
| 9 | the
90 day period required by the preceding sentence, he | ||||||
| 10 | shall not be held
longer without bail. In computing the 90 | ||||||
| 11 | day period, the court shall
omit any period of delay | ||||||
| 12 | resulting from a continuance granted at the
request of the | ||||||
| 13 | defendant.
| ||||||
| 14 | (5) If the defendant either is arrested on a warrant | ||||||
| 15 | issued pursuant
to this Code or is arrested for an | ||||||
| 16 | unrelated offense and it is subsequently
discovered that | ||||||
| 17 | the defendant is a subject of another warrant or warrants
| ||||||
| 18 | issued pursuant to this Code, the defendant shall be | ||||||
| 19 | transferred promptly
to the court which issued such | ||||||
| 20 | warrant. If, however, the defendant appears
initially | ||||||
| 21 | before a court other than the court which issued such | ||||||
| 22 | warrant,
the non-issuing court shall not alter the amount | ||||||
| 23 | of bail set on
such warrant unless the court sets forth on | ||||||
| 24 | the record of proceedings the
conclusions of law and facts | ||||||
| 25 | which are the basis for such altering of
another court's | ||||||
| 26 | bond. The non-issuing court shall not alter another courts
| ||||||
| |||||||
| |||||||
| 1 | bail set on a warrant unless the interests of justice and | ||||||
| 2 | public safety are
served by such action.
| ||||||
| 3 | (g) The State may appeal any order where the court has | ||||||
| 4 | increased or reduced
the amount of bail or altered the | ||||||
| 5 | conditions of the bail bond or granted bail where it has | ||||||
| 6 | previously been revoked.
| ||||||
| 7 | (Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19; | ||||||
| 8 | 101-652.)
| ||||||
| 9 | (725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
| ||||||
| 10 | Sec. 110-6.1. Denial of pretrial release bail in | ||||||
| 11 | non-probationable felony offenses.
| ||||||
| 12 | (a) Upon verified petition by the State, the court shall | ||||||
| 13 | hold a hearing and may deny to
determine whether bail should be | ||||||
| 14 | denied to a defendant pretrial release only if: | ||||||
| 15 | (1) the defendant who is charged with
a forcible | ||||||
| 16 | felony offense for which a sentence of imprisonment, | ||||||
| 17 | without probation,
periodic imprisonment or conditional | ||||||
| 18 | discharge, is required by law upon
conviction, and when it | ||||||
| 19 | is alleged that the defendant's pretrial release poses a | ||||||
| 20 | specific, real and present threat to any person or the | ||||||
| 21 | community. admission to bail poses
a real and present | ||||||
| 22 | threat to the physical safety of any person or persons ; .
| ||||||
| 23 | (2) the defendant is charged with stalking or | ||||||
| 24 | aggravated stalking and it is alleged that the defendant's | ||||||
| 25 | pre-trial release poses a real and present threat to the | ||||||
| |||||||
| |||||||
| 1 | physical safety of a victim of the alleged offense, and | ||||||
| 2 | denial of release is necessary to prevent fulfillment of | ||||||
| 3 | the threat upon which the charge is based; | ||||||
| 4 | (3) the victim of abuse was a family or household | ||||||
| 5 | member as defined by paragraph (6) of Section 103 of the | ||||||
| 6 | Illinois Domestic Violence Act of 1986, and the person | ||||||
| 7 | charged, at the time of the alleged offense, was subject | ||||||
| 8 | to the terms of an order of protection issued under | ||||||
| 9 | Section 112A-14 of this Code, or Section 214 of the | ||||||
| 10 | Illinois Domestic Violence Act of 1986 or previously was | ||||||
| 11 | convicted of a violation of an order of protection under | ||||||
| 12 | Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the | ||||||
| 13 | Criminal Code of 2012 or a violent crime if the victim was | ||||||
| 14 | a family or household member as defined by paragraph (6) | ||||||
| 15 | of the Illinois Domestic Violence Act of 1986 at the time | ||||||
| 16 | of the offense or a violation of a substantially similar | ||||||
| 17 | municipal ordinance or law of this or any other state or | ||||||
| 18 | the United States if the victim was a family or household | ||||||
| 19 | member as defined by paragraph (6) of Section 103 of the | ||||||
| 20 | Illinois Domestic Violence Act of 1986 at the time of the | ||||||
| 21 | offense, and it is alleged that the defendant's pre-trial | ||||||
| 22 | release poses a real and present threat to the physical | ||||||
| 23 | safety of any person or persons; | ||||||
| 24 | (4) the defendant is charged with domestic battery or | ||||||
| 25 | aggravated domestic battery under Section 12-3.2 or 12-3.3 | ||||||
| 26 | of the Criminal Code of 2012 and it is alleged that the | ||||||
| |||||||
| |||||||
| 1 | defendant's pretrial release poses a real and present | ||||||
| 2 | threat to the physical safety of any person or persons; | ||||||
| 3 | (5) the defendant is charged with any offense under | ||||||
| 4 | Article 11 of the Criminal Code of 2012, except for | ||||||
| 5 | Sections 11-30, 11-35, 11-40, and 11-45 of the Criminal | ||||||
| 6 | Code of 2012, or similar provisions of the Criminal Code | ||||||
| 7 | of 1961 and it is alleged that the defendant's pretrial | ||||||
| 8 | release poses a real and present threat to the physical | ||||||
| 9 | safety of any person or persons; | ||||||
| 10 | (6) the defendant is charged with any of these | ||||||
| 11 | violations under the Criminal Code of 2012 and it is | ||||||
| 12 | alleged that the defendant's pretrial releases poses a | ||||||
| 13 | real and present threat to the physical safety of any | ||||||
| 14 | specifically identifiable person or persons. | ||||||
| 15 | (A) Section 24-1.2 (aggravated discharge of a | ||||||
| 16 | firearm); | ||||||
| 17 | (B) Section 24-2.5 (aggravated discharge of a | ||||||
| 18 | machine gun or a firearm equipped with a device | ||||||
| 19 | designed or use for silencing the report of a | ||||||
| 20 | firearm); | ||||||
| 21 | (C) Section 24-1.5 (reckless discharge of a | ||||||
| 22 | firearm); | ||||||
| 23 | (D) Section 24-1.7 (armed habitual criminal); | ||||||
| 24 | (E) Section 24-2.2 2 (manufacture, sale or | ||||||
| 25 | transfer of bullets or shells represented to be armor | ||||||
| 26 | piercing bullets, dragon's breath shotgun shells, bolo | ||||||
| |||||||
| |||||||
| 1 | shells or flechette shells); | ||||||
| 2 | (F) Section 24-3 (unlawful sale or delivery of | ||||||
| 3 | firearms); | ||||||
| 4 | (G) Section 24-3.3 (unlawful sale or delivery of | ||||||
| 5 | firearms on the premises of any school); | ||||||
| 6 | (H) Section 24-34 (unlawful sale of firearms by | ||||||
| 7 | liquor license); | ||||||
| 8 | (I) Section 24-3.5 {unlawful purchase of a | ||||||
| 9 | firearm); | ||||||
| 10 | (J) Section 24-3A (gunrunning); or | ||||||
| 11 | (K) Section on 24-3B (firearms trafficking ); | ||||||
| 12 | (L) Section 10-9 (b) (involuntary servitude); | ||||||
| 13 | (M) Section 10-9 (c) (involuntary sexual servitude | ||||||
| 14 | of a minor); | ||||||
| 15 | (N) Section 10-9(d) (trafficking in persons); | ||||||
| 16 | (O) Non-probationable violations: (i) (unlawful | ||||||
| 17 | use or possession of weapons by felons or persons in | ||||||
| 18 | the Custody of the Department of Corrections | ||||||
| 19 | facilities (Section 24-1.1), (ii) aggravated unlawful | ||||||
| 20 | use of a weapon (Section 24-1.6, or (iii) aggravated | ||||||
| 21 | possession of a stolen firearm (Section 24-3.9); | ||||||
| 22 | (7) the person has a high likelihood of willful flight | ||||||
| 23 | to avoid prosecution and is charged with: | ||||||
| 24 | (A) Any felony described in Sections (a)(1) | ||||||
| 25 | through (a)(5) of this Section; or | ||||||
| 26 | (B) A felony offense other than a Class 4 offense. | ||||||
| |||||||
| |||||||
| 1 | (b) If the charged offense is a felony, the Court shall | ||||||
| 2 | hold a hearing pursuant to 109-3 of this Code to | ||||||
| 3 | determine whether there is probable cause the | ||||||
| 4 | defendant has committed an offense, unless a grand | ||||||
| 5 | jury has returned a true bill of indictment against | ||||||
| 6 | the defendant. If there is a finding of no probable | ||||||
| 7 | cause, the defendant shall be released. No such | ||||||
| 8 | finding is necessary if the defendant is charged with | ||||||
| 9 | a misdemeanor. | ||||||
| 10 | (c) Timing of petition.
| ||||||
| 11 | (1) A petition may be filed without prior notice to | ||||||
| 12 | the defendant at the
first appearance before a judge, or | ||||||
| 13 | within the 21 calendar days, except as
provided in Section | ||||||
| 14 | 110-6, after arrest and release of the defendant upon
| ||||||
| 15 | reasonable notice to defendant; provided that while such | ||||||
| 16 | petition is
pending before the court, the defendant if | ||||||
| 17 | previously released shall not be
detained.
| ||||||
| 18 | (2) (2) Upon filing, the court shall immediately hold | ||||||
| 19 | a hearing on the petition unless a continuance is | ||||||
| 20 | requested. If a continuance is requested, the hearing | ||||||
| 21 | shall be held within 48 hours of the defendant's first | ||||||
| 22 | appearance if the defendant is charged with a Class X, | ||||||
| 23 | Class 1, Class 2, or Class 3 felony, and within 24 hours if | ||||||
| 24 | the defendant is charged with a Class 4 or misdemeanor | ||||||
| 25 | offense. The Court may deny and or grant the request for | ||||||
| 26 | continuance. If the court decides to grant the | ||||||
| |||||||
| |||||||
| 1 | continuance, the Court retains the discretion to detain or | ||||||
| 2 | release the defendant in the time between the filing of | ||||||
| 3 | the petition and the hearing. | ||||||
| 4 | (d) Contents of petition. | ||||||
| 5 | (1) The petition shall be verified by the State and | ||||||
| 6 | shall state the grounds upon which it contends the | ||||||
| 7 | defendant should be denied pretrial release, including the | ||||||
| 8 | identity of the specific person or persons the State | ||||||
| 9 | believes the defendant poses a danger to. | ||||||
| 10 | (2) Only one petition may be filed under this Section. | ||||||
| 11 | (e) Eligibility: All defendants shall be presumed eligible | ||||||
| 12 | for pretrial release, and the State shall bear the burden of | ||||||
| 13 | proving by clear and convincing evidence that: The hearing | ||||||
| 14 | shall be held immediately upon the defendant's appearance
| ||||||
| 15 | before the court, unless for good cause shown the defendant or | ||||||
| 16 | the State
seeks a continuance. A continuance on motion of the
| ||||||
| 17 | defendant may not exceed 5 calendar days, and a continuance on | ||||||
| 18 | the motion
of the State may not exceed 3 calendar days. The | ||||||
| 19 | defendant may be held in
custody during such continuance.
| ||||||
| 20 | (b) The court may deny bail to the defendant where, after | ||||||
| 21 | the hearing, it
is determined that:
| ||||||
| 22 | (1) the proof is evident or the presumption great that | ||||||
| 23 | the defendant has
committed an offense listed in | ||||||
| 24 | paragraphs (1) through (6) of subsection (a) for which a | ||||||
| 25 | sentence of imprisonment, without
probation, periodic | ||||||
| 26 | imprisonment or conditional discharge, must be imposed
by | ||||||
| |||||||
| |||||||
| 1 | law as a consequence of conviction, and
| ||||||
| 2 | (2) the defendant poses a real and present threat to | ||||||
| 3 | the physical safety
of a specific, identifiable any person | ||||||
| 4 | or persons, by conduct which may include, but is not | ||||||
| 5 | limited
to, a forcible felony, the obstruction of justice,
| ||||||
| 6 | intimidation, injury, or abuse as defined by paragraph (1) | ||||||
| 7 | of Section 103 of the Illinois Domestic Violence Act of | ||||||
| 8 | 1986 physical harm, an offense under the Illinois
| ||||||
| 9 | Controlled Substances Act which is a Class X felony, or an | ||||||
| 10 | offense under the Methamphetamine Control and Community | ||||||
| 11 | Protection Act which is a Class X felony, and
| ||||||
| 12 | (3) the court finds that no condition or combination | ||||||
| 13 | of conditions set
forth in subsection (b) of Section | ||||||
| 14 | 110-10 of this Article can mitigate the real and present | ||||||
| 15 | threat to the safety of any ,
can reasonably assure the | ||||||
| 16 | physical safety of any other person or persons or the | ||||||
| 17 | defendant's willful flight.
| ||||||
| 18 | (f) (c) Conduct of the hearings.
| ||||||
| 19 | (1) Prior
to the hearing the State shall tender to the | ||||||
| 20 | defendant copies of
defendant's criminal history | ||||||
| 21 | available, any written or
recorded statements, and the | ||||||
| 22 | substance of any oral statements made by
any person, if | ||||||
| 23 | relied upon by the State in its petition, and any police
| ||||||
| 24 | reports in the State's Attorney's possession at the time | ||||||
| 25 | of the hearing
that are required to be disclosed to the | ||||||
| 26 | defense under Illinois Supreme
Court rules. The hearing on | ||||||
| |||||||
| |||||||
| 1 | the defendant's culpability and dangerousness shall be
| ||||||
| 2 | conducted in accordance with the following provisions:
| ||||||
| 3 | (2) The State or defendant may present evidence at the | ||||||
| 4 | hearing (A) Information used by the court in its findings | ||||||
| 5 | or stated in or
offered at such hearing may be by way of | ||||||
| 6 | proffer based upon reliable
information offered by the | ||||||
| 7 | State or by defendant. | ||||||
| 8 | (3) The defendant Defendant has the right to
be | ||||||
| 9 | represented by counsel, and if he or she is indigent, to | ||||||
| 10 | have counsel appointed
for him or her. The defendant. | ||||||
| 11 | Defendant shall have the opportunity to testify, to | ||||||
| 12 | present
witnesses on in his or her own behalf, and to | ||||||
| 13 | cross-examine any witnesses that if any are
called by the | ||||||
| 14 | State. | ||||||
| 15 | (4) If the defense seeks to call the complaining | ||||||
| 16 | witness as a witness in its favor, it shall petition the | ||||||
| 17 | court for permission. The defendant has the right to | ||||||
| 18 | present witnesses in
his favor. When the ends of justice | ||||||
| 19 | so require, the court may exercise exercises
its | ||||||
| 20 | discretion and compel the appearance of a complaining
| ||||||
| 21 | witness. The court shall state on the record reasons for | ||||||
| 22 | granting a
defense request to compel the presence of a | ||||||
| 23 | complaining witness. In making a determination under this | ||||||
| 24 | section, the court shall state on the record the reason | ||||||
| 25 | for granting a defense request to compel the presence of a | ||||||
| 26 | complaining witness, and only grant the request if the | ||||||
| |||||||
| |||||||
| 1 | court finds by clear and convincing evidence that the | ||||||
| 2 | defendant will be materially prejudiced if the complaining | ||||||
| 3 | witness does not appear.
Cross-examination of a | ||||||
| 4 | complaining witness at the pretrial detention hearing
for | ||||||
| 5 | the purpose of impeaching the witness' credibility is | ||||||
| 6 | insufficient reason
to compel the presence of the witness. | ||||||
| 7 | In deciding whether to compel the
appearance of a | ||||||
| 8 | complaining witness, the court shall be considerate of the
| ||||||
| 9 | emotional and physical well-being of the witness. The | ||||||
| 10 | pre-trial detention
hearing is not to be used for purposes | ||||||
| 11 | of discovery, and the post
arraignment rules of discovery | ||||||
| 12 | do not apply. The State shall tender to the
defendant, | ||||||
| 13 | prior to the hearing, copies of defendant's criminal | ||||||
| 14 | history, if
any, if available, and any written or recorded | ||||||
| 15 | statements and the substance
of any oral statements made | ||||||
| 16 | by any person, if relied upon by the State in
its petition. | ||||||
| 17 | (5) The rules concerning the admissibility of evidence | ||||||
| 18 | in
criminal trials do not apply to the presentation and | ||||||
| 19 | consideration of
information at the hearing. At the trial | ||||||
| 20 | concerning the offense for which
the hearing was conducted | ||||||
| 21 | neither the finding of the court nor any
transcript or | ||||||
| 22 | other record of the hearing shall be admissible in the
| ||||||
| 23 | State's case in chief, but shall be admissible for | ||||||
| 24 | impeachment, or as
provided in Section 115-10.1 of this | ||||||
| 25 | Code, or in a perjury proceeding.
| ||||||
| 26 | (6) The(B) A motion by the defendant may not move to | ||||||
| |||||||
| |||||||
| 1 | suppress evidence or to suppress a
confession, however, | ||||||
| 2 | evidence shall not be entertained. Evidence that proof of | ||||||
| 3 | the charged crime may have been
obtained as the result of | ||||||
| 4 | an unlawful search or and seizure, or both, or through
| ||||||
| 5 | improper interrogation, is not relevant in assessing the | ||||||
| 6 | weight of the evidence against the defendant to this state | ||||||
| 7 | of the prosecution. | ||||||
| 8 | (7) Decisions regarding release, conditions of release | ||||||
| 9 | and detention prior trial should be individualized, and no | ||||||
| 10 | single factor or standard should be used exclusively to | ||||||
| 11 | make a condition or detention decision.
| ||||||
| 12 | (2) The facts relied upon by the court to support a | ||||||
| 13 | finding that the
defendant poses a real and present threat | ||||||
| 14 | to the physical safety of any
person or persons shall be | ||||||
| 15 | supported by clear and convincing evidence
presented by | ||||||
| 16 | the State.
| ||||||
| 17 | (g) (d) Factors to be considered in making a determination | ||||||
| 18 | of dangerousness.
The court may, in determining whether the | ||||||
| 19 | defendant poses a specific, imminent real and
present threat | ||||||
| 20 | of serious to the physical harm to an identifiable safety of | ||||||
| 21 | any person or persons, consider but
shall not be limited to | ||||||
| 22 | evidence or testimony concerning:
| ||||||
| 23 | (1) The nature and circumstances of any offense | ||||||
| 24 | charged, including
whether the offense is a crime of | ||||||
| 25 | violence, involving a weapon, or a sex offense.
| ||||||
| 26 | (2) The history and characteristics of the defendant | ||||||
| |||||||
| |||||||
| 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 such behavior. Such
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 which | ||||||
| 10 | tends to indicate a violent, abusive, or
assaultive | ||||||
| 11 | nature, or lack of any such history.
| ||||||
| 12 | (3) The identity of any person or persons to whose | ||||||
| 13 | safety the defendant
is believed to pose a threat, and the | ||||||
| 14 | nature of the threat;
| ||||||
| 15 | (4) Any statements made by, or attributed to the | ||||||
| 16 | defendant, together with
the circumstances surrounding | ||||||
| 17 | them;
| ||||||
| 18 | (5) The age and physical condition of any person | ||||||
| 19 | assaulted
by the defendant;
| ||||||
| 20 | (6) The age and physical condition of any victim or | ||||||
| 21 | complaining witness; | ||||||
| 22 | (7) Whether the defendant is known to possess or have | ||||||
| 23 | access to any
weapon or weapons;
| ||||||
| 24 | (8) (7) Whether, at the time of the current offense or | ||||||
| 25 | any other offense or
arrest, the defendant was on | ||||||
| 26 | probation, parole, aftercare release, mandatory supervised
| ||||||
| |||||||
| |||||||
| 1 | release or other release from custody pending trial, | ||||||
| 2 | sentencing, appeal or
completion of sentence for an | ||||||
| 3 | offense under federal or state law;
| ||||||
| 4 | (9) (8) Any other factors, including those listed in | ||||||
| 5 | Section 110-5 of this
Article deemed by the court to have a | ||||||
| 6 | reasonable bearing upon the
defendant's propensity or | ||||||
| 7 | reputation for violent, abusive or assaultive
behavior, or | ||||||
| 8 | lack of such behavior.
| ||||||
| 9 | (h) (e) Detention order. The court shall, in any order for | ||||||
| 10 | detention:
| ||||||
| 11 | (1) briefly summarize the evidence of the defendant's | ||||||
| 12 | guilt or innocence, culpability and the court's its
| ||||||
| 13 | reasons for concluding that the defendant should be denied | ||||||
| 14 | pretrial release held without bail;
| ||||||
| 15 | (2) direct that the defendant be committed to the | ||||||
| 16 | custody of the sheriff
for confinement in the county jail | ||||||
| 17 | pending trial;
| ||||||
| 18 | (3) direct that the defendant be given a reasonable | ||||||
| 19 | opportunity for
private consultation with counsel, and for | ||||||
| 20 | communication with others of his
or her choice by | ||||||
| 21 | visitation, mail and telephone; and
| ||||||
| 22 | (4) direct that the sheriff deliver the defendant as | ||||||
| 23 | required for
appearances in connection with court | ||||||
| 24 | proceedings.
| ||||||
| 25 | (i) Detention. (f) If the court enters an order for the | ||||||
| 26 | detention of the defendant
pursuant to subsection (e) of this | ||||||
| |||||||
| |||||||
| 1 | Section, the defendant
shall be brought to trial on the | ||||||
| 2 | offense for which he is
detained within 90 days after the date | ||||||
| 3 | on which the order for detention was
entered. If the defendant | ||||||
| 4 | is not brought to trial within the 90 day period
required by | ||||||
| 5 | the preceding sentence, he shall not be denied pretrial | ||||||
| 6 | release held longer without
bail. In computing the 90 day | ||||||
| 7 | period, the court shall omit any period of
delay resulting | ||||||
| 8 | from a continuance granted at the request of the defendant.
| ||||||
| 9 | (j) (g) Rights of the defendant. Any person shall be | ||||||
| 10 | entitled to appeal any
order entered under this Section | ||||||
| 11 | denying pretrial release bail to the defendant.
| ||||||
| 12 | (k) Appeal. (h) The State may appeal any order entered | ||||||
| 13 | under this Section denying any
motion for denial of pretrial | ||||||
| 14 | release bail.
| ||||||
| 15 | (l) Presumption of innocence. (i) Nothing in this Section | ||||||
| 16 | shall be construed as modifying or limiting
in any way the | ||||||
| 17 | defendant's presumption of innocence in further criminal
| ||||||
| 18 | proceedings. | ||||||
| 19 | (m) Victim notice. | ||||||
| 20 | (1) Crime Victims shall be given notice by the State's | ||||||
| 21 | Attorney's office of this hearing as required in paragraph | ||||||
| 22 | (1) of subsection (b) of Section 4.5 of the Rights of Crime | ||||||
| 23 | Victims and Witnesses Act and shall be informed of their | ||||||
| 24 | opportunity at this hearing to obtain an order of | ||||||
| 25 | protection under Article 112A of this Code.
| ||||||
| 26 | (Source: P.A. 98-558, eff. 1-1-14; 101-652.)
| ||||||
| |||||||
| |||||||
| 1 | (725 ILCS 5/110-6.2) (from Ch. 38, par. 110-6.2)
| ||||||
| 2 | Sec. 110-6.2. Post-conviction Detention. | ||||||
| 3 | (a) The court may order
that a person who has been found | ||||||
| 4 | guilty of an offense and who is waiting
imposition or | ||||||
| 5 | execution of sentence be held without release bond unless the | ||||||
| 6 | court finds by
clear and convincing evidence that the person | ||||||
| 7 | is not likely to flee or pose
a danger to any other person or | ||||||
| 8 | the community if released under Sections
110-5 and 110-10 of | ||||||
| 9 | this Act.
| ||||||
| 10 | (b) The court may order that person who has been found | ||||||
| 11 | guilty of an
offense and sentenced to a term of imprisonment be | ||||||
| 12 | held without release bond
unless the court finds by clear and | ||||||
| 13 | convincing evidence that:
| ||||||
| 14 | (1) the person is not likely to
flee or pose a danger | ||||||
| 15 | to the safety of any other person or the community if
| ||||||
| 16 | released on bond pending appeal; and
| ||||||
| 17 | (2) that the appeal is not for purpose of delay and | ||||||
| 18 | raises a substantial
question of law or fact likely to | ||||||
| 19 | result in reversal or an order for a new trial.
| ||||||
| 20 | (Source: P.A. 96-1200, eff. 7-22-10; 101-652.)
| ||||||
| 21 | (725 ILCS 5/110-6.4) | ||||||
| 22 | Sec. 110-6.4. Statewide risk-assessment tool. The Supreme | ||||||
| 23 | Court may establish a statewide risk-assessment tool to be | ||||||
| 24 | used in proceedings to assist the court in establishing | ||||||
| |||||||
| |||||||
| 1 | conditions of pretrial release bail for a defendant by | ||||||
| 2 | assessing the defendant's likelihood of appearing at future | ||||||
| 3 | court proceedings or determining if the defendant poses a real | ||||||
| 4 | and present threat to the physical safety of any person or | ||||||
| 5 | persons. The Supreme Court shall consider establishing a | ||||||
| 6 | risk-assessment tool that does not discriminate on the basis | ||||||
| 7 | of race, gender, educational level, socio-economic status, or | ||||||
| 8 | neighborhood. If a risk-assessment tool is utilized within a | ||||||
| 9 | circuit that does not require a personal interview to be | ||||||
| 10 | completed, the Chief Judge of the circuit or the director of | ||||||
| 11 | the pretrial services agency may exempt the requirement under | ||||||
| 12 | Section 9 and subsection (a) of Section 7 of the Pretrial | ||||||
| 13 | Services Act. | ||||||
| 14 | For the purpose of this Section, "risk-assessment tool" | ||||||
| 15 | means an empirically validated, evidence-based screening | ||||||
| 16 | instrument that demonstrates reduced instances of a | ||||||
| 17 | defendant's failure to appear for further court proceedings or | ||||||
| 18 | prevents future criminal activity.
| ||||||
| 19 | (Source: P.A. 100-1, eff. 1-1-18; 100-863, eff. 8-14-18; | ||||||
| 20 | 101-652.)
| ||||||
| 21 | (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
| ||||||
| 22 | Sec. 110-10. Conditions of pretrial release bail bond.
| ||||||
| 23 | (a) If a person is released prior to conviction, either | ||||||
| 24 | upon payment of
bail security or on his or her own | ||||||
| 25 | recognizance, the conditions of pretrial release the bail
bond | ||||||
| |||||||
| |||||||
| 1 | shall be that he or she will:
| ||||||
| 2 | (1) Appear to answer the charge in the court having | ||||||
| 3 | jurisdiction on
a day certain and thereafter as ordered by | ||||||
| 4 | the court until discharged or
final order of the court;
| ||||||
| 5 | (2) Submit himself or herself to the orders and | ||||||
| 6 | process of the court;
| ||||||
| 7 | (3) (Blank); Not depart this State without leave of | ||||||
| 8 | the court;
| ||||||
| 9 | (4) Not violate any criminal statute of any | ||||||
| 10 | jurisdiction;
| ||||||
| 11 | (5) At a time and place designated by the court, | ||||||
| 12 | surrender all firearms
in his or her possession to a law | ||||||
| 13 | enforcement officer designated by the court
to take | ||||||
| 14 | custody of and impound the firearms
and physically
| ||||||
| 15 | surrender his or her Firearm Owner's Identification Card | ||||||
| 16 | to the clerk of the
circuit court
when the offense the | ||||||
| 17 | person has
been charged with is a forcible felony, | ||||||
| 18 | stalking, aggravated stalking, domestic
battery, any | ||||||
| 19 | violation of the Illinois Controlled Substances Act, the | ||||||
| 20 | Methamphetamine Control and Community Protection Act, or | ||||||
| 21 | the
Cannabis Control Act that is classified as a Class 2 or | ||||||
| 22 | greater felony, or any
felony violation of Article 24 of | ||||||
| 23 | the Criminal Code of 1961 or the Criminal Code of 2012; the | ||||||
| 24 | court
may,
however, forgo the imposition of this condition | ||||||
| 25 | when the
circumstances of the
case clearly do not warrant | ||||||
| 26 | it or when its imposition would be
impractical;
if the | ||||||
| |||||||
| |||||||
| 1 | Firearm Owner's Identification Card is confiscated, the | ||||||
| 2 | clerk of the circuit court shall mail the confiscated card | ||||||
| 3 | to the Illinois State Police; all legally possessed | ||||||
| 4 | firearms shall be returned to the person upon
the charges | ||||||
| 5 | being dismissed, or if the person is found not guilty, | ||||||
| 6 | unless the
finding of not guilty is by reason of insanity; | ||||||
| 7 | and
| ||||||
| 8 | (6) At a time and place designated by the court, | ||||||
| 9 | submit to a
psychological
evaluation when the person has | ||||||
| 10 | been charged with a violation of item (4) of
subsection
| ||||||
| 11 | (a) of Section 24-1 of the Criminal Code of 1961 or the | ||||||
| 12 | Criminal Code of 2012 and that violation occurred in
a | ||||||
| 13 | school
or in any conveyance owned, leased, or contracted | ||||||
| 14 | by a school to transport
students to or
from school or a | ||||||
| 15 | school-related activity, or on any public way within 1,000
| ||||||
| 16 | feet of real
property comprising any school.
| ||||||
| 17 | Psychological evaluations ordered pursuant to this Section | ||||||
| 18 | shall be completed
promptly
and made available to the State, | ||||||
| 19 | the defendant, and the court. As a further
condition of | ||||||
| 20 | pretrial release bail under
these circumstances, the court | ||||||
| 21 | shall order the defendant to refrain from
entering upon the
| ||||||
| 22 | property of the school, including any conveyance owned, | ||||||
| 23 | leased, or contracted
by a school to
transport students to or | ||||||
| 24 | from school or a school-related activity, or on any public way | ||||||
| 25 | within
1,000 feet of real property comprising any school. Upon | ||||||
| 26 | receipt of the psychological evaluation,
either the State or | ||||||
| |||||||
| |||||||
| 1 | the defendant may request a change in the conditions of | ||||||
| 2 | pretrial release bail, pursuant to
Section 110-6 of this Code. | ||||||
| 3 | The court may change the conditions of pretrial release bail | ||||||
| 4 | to include a
requirement that the defendant follow the | ||||||
| 5 | recommendations of the psychological evaluation,
including | ||||||
| 6 | undergoing psychiatric treatment. The conclusions of the
| ||||||
| 7 | psychological evaluation and
any statements elicited from the | ||||||
| 8 | defendant during its administration are not
admissible as | ||||||
| 9 | evidence
of guilt during the course of any trial on the charged | ||||||
| 10 | offense, unless the
defendant places his or her
mental | ||||||
| 11 | competency in issue.
| ||||||
| 12 | (b) The court may impose other conditions, such as the | ||||||
| 13 | following, if the
court finds that such conditions are | ||||||
| 14 | reasonably necessary to assure the
defendant's appearance in | ||||||
| 15 | court, protect the public from the defendant, or
prevent the | ||||||
| 16 | defendant's unlawful interference with the orderly | ||||||
| 17 | administration
of justice:
| ||||||
| 18 | (0.05) Not depart this State without leave of the | ||||||
| 19 | court; | ||||||
| 20 | (1) Report to or appear in person before such person | ||||||
| 21 | or agency as the
court may direct;
| ||||||
| 22 | (2) Refrain from possessing a firearm or other | ||||||
| 23 | dangerous weapon;
| ||||||
| 24 | (3) Refrain from approaching or communicating with | ||||||
| 25 | particular persons or
classes of persons;
| ||||||
| 26 | (4) Refrain from going to certain described | ||||||
| |||||||
| |||||||
| 1 | geographical areas or
premises;
| ||||||
| 2 | (5) Refrain from engaging in certain activities or | ||||||
| 3 | indulging in
intoxicating liquors or in certain drugs;
| ||||||
| 4 | (6) Undergo treatment for drug addiction or | ||||||
| 5 | alcoholism;
| ||||||
| 6 | (7) Undergo medical or psychiatric treatment;
| ||||||
| 7 | (8) Work or pursue a course of study or vocational | ||||||
| 8 | training;
| ||||||
| 9 | (9) Attend or reside in a facility designated by the | ||||||
| 10 | court;
| ||||||
| 11 | (10) Support his or her dependents;
| ||||||
| 12 | (11) If a minor resides with his or her parents or in a | ||||||
| 13 | foster home,
attend school, attend a non-residential | ||||||
| 14 | program for youths, and contribute
to his or her own | ||||||
| 15 | support at home or in a foster home;
| ||||||
| 16 | (12) Observe any curfew ordered by the court;
| ||||||
| 17 | (13) Remain in the custody of such designated person | ||||||
| 18 | or organization
agreeing to supervise his release. Such | ||||||
| 19 | third party custodian shall be
responsible for notifying | ||||||
| 20 | the court if the defendant fails to observe the
conditions | ||||||
| 21 | of release which the custodian has agreed to monitor, and | ||||||
| 22 | shall
be subject to contempt of court for failure so to | ||||||
| 23 | notify the court;
| ||||||
| 24 | (14) Be placed under direct supervision of the | ||||||
| 25 | Pretrial Services
Agency, Probation Department or Court | ||||||
| 26 | Services Department in a pretrial
bond home supervision | ||||||
| |||||||
| |||||||
| 1 | capacity with or without the use of an approved
electronic | ||||||
| 2 | monitoring device subject to Article 8A of Chapter V of | ||||||
| 3 | the
Unified Code of Corrections;
| ||||||
| 4 | (14.1) The court may shall impose upon a defendant who | ||||||
| 5 | is charged with any
alcohol, cannabis, methamphetamine, or | ||||||
| 6 | controlled substance violation and is placed under
direct | ||||||
| 7 | supervision of the Pretrial Services Agency, Probation | ||||||
| 8 | Department or
Court Services Department in a pretrial bond | ||||||
| 9 | home supervision capacity with
the use of an approved | ||||||
| 10 | monitoring device, as a condition of such pretrial | ||||||
| 11 | monitoring bail bond,
a fee that represents costs | ||||||
| 12 | incidental to the electronic monitoring for each
day of | ||||||
| 13 | such pretrial bail supervision ordered by the
court, | ||||||
| 14 | unless after determining the inability of the defendant to | ||||||
| 15 | pay the
fee, the court assesses a lesser fee or no fee as | ||||||
| 16 | the case may be. The fee
shall be collected by the clerk of | ||||||
| 17 | the circuit court, except as provided in an administrative | ||||||
| 18 | order of the Chief Judge of the circuit court. The clerk of | ||||||
| 19 | the
circuit court shall pay all monies collected from this | ||||||
| 20 | fee to the county
treasurer for deposit in the substance | ||||||
| 21 | abuse services fund under Section
5-1086.1 of the Counties | ||||||
| 22 | Code, except as provided in an administrative order of the | ||||||
| 23 | Chief Judge of the circuit court. | ||||||
| 24 | The Chief Judge of the circuit court of the county may | ||||||
| 25 | by administrative order establish a program for electronic | ||||||
| 26 | monitoring of offenders with regard to drug-related and | ||||||
| |||||||
| |||||||
| 1 | alcohol-related offenses, in which a vendor supplies and | ||||||
| 2 | monitors the operation of the electronic monitoring | ||||||
| 3 | device, and collects the fees on behalf of the county. The | ||||||
| 4 | program shall include provisions for indigent offenders | ||||||
| 5 | and the collection of unpaid fees. The program shall not | ||||||
| 6 | unduly burden the offender and shall be subject to review | ||||||
| 7 | by the Chief Judge. | ||||||
| 8 | The Chief Judge of the circuit court may suspend any | ||||||
| 9 | additional charges or fees for late payment, interest, or | ||||||
| 10 | damage to any device;
| ||||||
| 11 | (14.2) The court may shall impose upon all defendants, | ||||||
| 12 | including those
defendants subject to paragraph (14.1) | ||||||
| 13 | above, placed under direct supervision
of the Pretrial | ||||||
| 14 | Services Agency, Probation Department or Court Services
| ||||||
| 15 | Department in a pretrial bond home supervision capacity | ||||||
| 16 | with the use of an
approved monitoring device, as a | ||||||
| 17 | condition of such release bail bond, a fee
which shall | ||||||
| 18 | represent costs incidental to such
electronic monitoring | ||||||
| 19 | for each day of such bail supervision ordered by the
| ||||||
| 20 | court, unless after determining the inability of the | ||||||
| 21 | defendant to pay the fee,
the court assesses a lesser fee | ||||||
| 22 | or no fee as the case may be. The fee shall be
collected by | ||||||
| 23 | the clerk of the circuit court, except as provided in an | ||||||
| 24 | administrative order of the Chief Judge of the circuit | ||||||
| 25 | court. The clerk of the circuit court
shall pay all monies | ||||||
| 26 | collected from this fee to the county treasurer who shall
| ||||||
| |||||||
| |||||||
| 1 | use the monies collected to defray the costs of | ||||||
| 2 | corrections. The county
treasurer shall deposit the fee | ||||||
| 3 | collected in the county working cash fund under
Section | ||||||
| 4 | 6-27001 or Section 6-29002 of the Counties Code, as the | ||||||
| 5 | case may
be, except as provided in an administrative order | ||||||
| 6 | of the Chief Judge of the circuit court. | ||||||
| 7 | The Chief Judge of the circuit court of the county may | ||||||
| 8 | by administrative order establish a program for electronic | ||||||
| 9 | monitoring of offenders with regard to drug-related and | ||||||
| 10 | alcohol-related offenses, in which a vendor supplies and | ||||||
| 11 | monitors the operation of the electronic monitoring | ||||||
| 12 | device, and collects the fees on behalf of the county. The | ||||||
| 13 | program shall include provisions for indigent offenders | ||||||
| 14 | and the collection of unpaid fees. The program shall not | ||||||
| 15 | unduly burden the offender and shall be subject to review | ||||||
| 16 | by the Chief Judge. | ||||||
| 17 | The Chief Judge of the circuit court may suspend any | ||||||
| 18 | additional charges or fees for late payment, interest, or | ||||||
| 19 | damage to any device;
| ||||||
| 20 | (14.3) The Chief Judge of the Judicial Circuit may | ||||||
| 21 | establish reasonable
fees to be paid by a person receiving | ||||||
| 22 | pretrial services while under supervision
of a pretrial | ||||||
| 23 | services agency, probation department, or court services
| ||||||
| 24 | department. Reasonable fees may be charged for pretrial | ||||||
| 25 | services
including, but not limited to, pretrial | ||||||
| 26 | supervision, diversion programs,
electronic monitoring, | ||||||
| |||||||
| |||||||
| 1 | victim impact services, drug and alcohol testing, DNA | ||||||
| 2 | testing, GPS electronic monitoring, assessments and | ||||||
| 3 | evaluations related to domestic violence and other | ||||||
| 4 | victims, and
victim mediation services. The person | ||||||
| 5 | receiving pretrial services may be
ordered to pay all | ||||||
| 6 | costs incidental to pretrial services in accordance with | ||||||
| 7 | his
or her ability to pay those costs;
| ||||||
| 8 | (14.4) For persons charged with violating Section | ||||||
| 9 | 11-501 of the Illinois
Vehicle Code, refrain from | ||||||
| 10 | operating a motor vehicle not equipped with an
ignition | ||||||
| 11 | interlock device, as defined in Section 1-129.1 of the | ||||||
| 12 | Illinois
Vehicle Code,
pursuant to the rules promulgated | ||||||
| 13 | by the Secretary of State for the
installation of ignition
| ||||||
| 14 | interlock devices. Under this condition the court may | ||||||
| 15 | allow a defendant who is
not
self-employed to operate a | ||||||
| 16 | vehicle owned by the defendant's employer that is
not | ||||||
| 17 | equipped with an ignition interlock device in the course | ||||||
| 18 | and scope of the
defendant's employment;
| ||||||
| 19 | (15) Comply with the terms and conditions of an order | ||||||
| 20 | of protection
issued by the court under the Illinois | ||||||
| 21 | Domestic Violence Act of 1986 or an
order of protection | ||||||
| 22 | issued by the court of another state, tribe, or United
| ||||||
| 23 | States territory;
| ||||||
| 24 | (16) (Blank); and Under Section 110-6.5 comply with | ||||||
| 25 | the conditions of the drug testing
program; and
| ||||||
| 26 | (17) Such other reasonable conditions as the court may | ||||||
| |||||||
| |||||||
| 1 | impose.
| ||||||
| 2 | (c) When a person is charged with an offense under Section | ||||||
| 3 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
| ||||||
| 4 | 12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the | ||||||
| 5 | Criminal Code of 2012, involving a victim who is a
minor under | ||||||
| 6 | 18 years of age living in the same household with the defendant
| ||||||
| 7 | at the time of the offense, in granting bail or releasing the | ||||||
| 8 | defendant on
his own recognizance, the judge shall impose | ||||||
| 9 | conditions to restrict the
defendant's access to the victim | ||||||
| 10 | which may include, but are not limited to
conditions that he | ||||||
| 11 | will:
| ||||||
| 12 | 1. Vacate the household.
| ||||||
| 13 | 2. Make payment of temporary support to his | ||||||
| 14 | dependents.
| ||||||
| 15 | 3. Refrain from contact or communication with the | ||||||
| 16 | child victim, except
as ordered by the court.
| ||||||
| 17 | (d) When a person is charged with a criminal offense and | ||||||
| 18 | the victim is
a family or household member as defined in | ||||||
| 19 | Article 112A, conditions shall
be imposed at the time of the | ||||||
| 20 | defendant's release on bond that restrict the
defendant's | ||||||
| 21 | access to the victim.
Unless provided otherwise by the court, | ||||||
| 22 | the
restrictions shall include
requirements that the defendant | ||||||
| 23 | do the following:
| ||||||
| 24 | (1) refrain from contact or communication with the | ||||||
| 25 | victim for a
minimum period of 72 hours following the | ||||||
| 26 | defendant's release; and
| ||||||
| |||||||
| |||||||
| 1 | (2) refrain from entering or remaining at the victim's | ||||||
| 2 | residence for a
minimum period of 72 hours following the | ||||||
| 3 | defendant's release.
| ||||||
| 4 | (e) Local law enforcement agencies shall develop | ||||||
| 5 | standardized pretrial release bond forms
for use in cases | ||||||
| 6 | involving family or household members as defined in
Article | ||||||
| 7 | 112A, including specific conditions of pretrial release bond | ||||||
| 8 | as provided in
subsection (d). Failure of any law enforcement | ||||||
| 9 | department to develop or use
those forms shall in no way limit | ||||||
| 10 | the applicability and enforcement of
subsections (d) and (f).
| ||||||
| 11 | (f) If the defendant is released admitted to bail after | ||||||
| 12 | conviction following appeal or other post-conviction | ||||||
| 13 | proceeding, the
conditions of the pretrial release bail bond | ||||||
| 14 | shall be that he will, in addition to the
conditions set forth | ||||||
| 15 | in subsections (a) and (b) hereof:
| ||||||
| 16 | (1) Duly prosecute his appeal;
| ||||||
| 17 | (2) Appear at such time and place as the court may | ||||||
| 18 | direct;
| ||||||
| 19 | (3) Not depart this State without leave of the court;
| ||||||
| 20 | (4) Comply with such other reasonable conditions as | ||||||
| 21 | the court may
impose; and
| ||||||
| 22 | (5) If the judgment is affirmed or the cause reversed | ||||||
| 23 | and remanded
for a new trial, forthwith surrender to the | ||||||
| 24 | officer from whose custody
he was released bailed.
| ||||||
| 25 | (g) Upon a finding of guilty for any felony offense, the | ||||||
| 26 | defendant shall
physically surrender, at a time and place | ||||||
| |||||||
| |||||||
| 1 | designated by the court,
any and all firearms in his or her | ||||||
| 2 | possession and his or her Firearm Owner's
Identification Card | ||||||
| 3 | as a condition of being released remaining on bond pending | ||||||
| 4 | sentencing.
| ||||||
| 5 | (h) In the event the defendant is denied pretrial release | ||||||
| 6 | unable to post bond, the court may impose a no contact | ||||||
| 7 | provision with the victim or other interested party that shall | ||||||
| 8 | be enforced while the defendant remains in custody. | ||||||
| 9 | (Source: P.A. 101-138, eff. 1-1-20; 101-652.)
| ||||||
| 10 | (725 ILCS 5/110-11) (from Ch. 38, par. 110-11)
| ||||||
| 11 | Sec. 110-11. Pretrial release Bail on a new trial. If the | ||||||
| 12 | judgment of conviction is reversed and the cause remanded for | ||||||
| 13 | a
new trial the trial court may order that the conditions of | ||||||
| 14 | pretrial release bail stand pending such trial,
or modify the | ||||||
| 15 | conditions of pretrial release reduce or increase bail.
| ||||||
| 16 | (Source: Laws 1963, p. 2836; P.A. 101-652.)
| ||||||
| 17 | (725 ILCS 5/110-12) (from Ch. 38, par. 110-12)
| ||||||
| 18 | Sec. 110-12. Notice of change of address.
| ||||||
| 19 | A defendant who has been admitted to pretrial release bail | ||||||
| 20 | shall file a written notice with the
clerk of the court before | ||||||
| 21 | which the proceeding is pending of any change in
his or her | ||||||
| 22 | address within 24 hours after such change, except that a
| ||||||
| 23 | defendant who
has been admitted to pretrial release bail for a | ||||||
| 24 | forcible felony as defined in Section 2-8 of
the Criminal Code | ||||||
| |||||||
| |||||||
| 1 | of 2012 shall
file a written notice with the clerk of the court | ||||||
| 2 | before which the proceeding
is pending and the clerk shall | ||||||
| 3 | immediately deliver a time stamped copy of the
written notice | ||||||
| 4 | to the State's Attorney charged with the prosecution within 24
| ||||||
| 5 | hours prior to such change. The address of a defendant who has | ||||||
| 6 | been admitted
to pretrial release bail shall at all times | ||||||
| 7 | remain a matter of public record with the clerk of
the court.
| ||||||
| 8 | (Source: P.A. 97-1150, eff. 1-25-13; 101-652.)
| ||||||
| 9 | (725 ILCS 5/111-2) (from Ch. 38, par. 111-2)
| ||||||
| 10 | Sec. 111-2. Commencement of prosecutions.
| ||||||
| 11 | (a) All prosecutions of
felonies shall be by information | ||||||
| 12 | or by indictment. No prosecution may be
pursued by information | ||||||
| 13 | unless a preliminary hearing has been held or
waived in | ||||||
| 14 | accordance with Section 109-3 and at that hearing probable
| ||||||
| 15 | cause to believe the defendant committed an offense was found, | ||||||
| 16 | and the
provisions of Section 109-3.1 of this Code have been | ||||||
| 17 | complied with.
| ||||||
| 18 | (b) All other prosecutions may be by indictment, | ||||||
| 19 | information or
complaint.
| ||||||
| 20 | (c) Upon the filing of an information or indictment in | ||||||
| 21 | open
court charging the defendant with the commission of a sex | ||||||
| 22 | offense
defined in any Section of Article 11 of the Criminal | ||||||
| 23 | Code of 1961 or the Criminal Code of 2012,
and a minor as | ||||||
| 24 | defined in Section 1-3 of the Juvenile
Court Act of 1987 is | ||||||
| 25 | alleged to be the victim of the
commission of the acts of the | ||||||
| |||||||
| |||||||
| 1 | defendant in the commission of
such offense, the court may | ||||||
| 2 | appoint a guardian ad litem for the
minor as provided in | ||||||
| 3 | Section 2-17, 3-19, 4-16 or 5-610 of the
Juvenile Court Act of | ||||||
| 4 | 1987.
| ||||||
| 5 | (d) Upon the filing of an information or indictment in | ||||||
| 6 | open court,
the court shall immediately issue a warrant for | ||||||
| 7 | the arrest of each
person charged with an offense directed to a | ||||||
| 8 | peace officer or some other
person specifically named | ||||||
| 9 | commanding him to arrest such person.
| ||||||
| 10 | (e) When the offense is eligible for pretrial release | ||||||
| 11 | bailable, the judge shall endorse on the
warrant the | ||||||
| 12 | conditions of pretrial release amount of bail required by the | ||||||
| 13 | order of the court, and if
the court orders the process | ||||||
| 14 | returnable forthwith, the warrant shall
require that the | ||||||
| 15 | accused be arrested and brought immediately into court.
| ||||||
| 16 | (f) Where the prosecution of a felony is by information or | ||||||
| 17 | complaint
after preliminary hearing, or after a waiver of | ||||||
| 18 | preliminary hearing in
accordance with paragraph (a) of this | ||||||
| 19 | Section, such prosecution may be
for all offenses, arising | ||||||
| 20 | from the same transaction or conduct of a
defendant even | ||||||
| 21 | though the complaint or complaints filed at the
preliminary | ||||||
| 22 | hearing charged only one or some of the offenses arising
from | ||||||
| 23 | that transaction or conduct.
| ||||||
| 24 | (Source: P.A. 97-1150, eff. 1-25-13; 101-652.)
| ||||||
| 25 | (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
| ||||||
| |||||||
| |||||||
| 1 | (Text of Section before amendment by P.A. 101-652) | ||||||
| 2 | Sec. 112A-23. Enforcement of protective orders.
| ||||||
| 3 | (a) When violation is crime. A violation of any protective | ||||||
| 4 | order,
whether issued in a civil, quasi-criminal proceeding, | ||||||
| 5 | shall be
enforced by a
criminal court when:
| ||||||
| 6 | (1) The respondent commits the crime of violation of a | ||||||
| 7 | domestic violence order of
protection pursuant to Section | ||||||
| 8 | 12-3.4 or 12-30 of the Criminal Code of
1961 or the | ||||||
| 9 | Criminal Code of 2012, by
having knowingly violated:
| ||||||
| 10 | (i) remedies described in paragraph paragraphs | ||||||
| 11 | (1), (2), (3), (14),
or
(14.5)
of subsection (b) of | ||||||
| 12 | Section 112A-14 of this Code,
| ||||||
| 13 | (ii) a remedy, which is substantially similar to | ||||||
| 14 | the remedies
authorized
under paragraph paragraphs | ||||||
| 15 | (1), (2), (3), (14), or (14.5) of subsection (b) of | ||||||
| 16 | Section 214
of the Illinois Domestic Violence Act of | ||||||
| 17 | 1986, in a valid order of protection,
which is | ||||||
| 18 | authorized under the laws of another state, tribe, or | ||||||
| 19 | United States
territory, or
| ||||||
| 20 | (iii) any other remedy when the act
constitutes a | ||||||
| 21 | crime against the protected parties as defined by the | ||||||
| 22 | Criminal
Code of 1961 or the Criminal Code of 2012.
| ||||||
| 23 | Prosecution for a violation of a domestic violence | ||||||
| 24 | order of protection shall
not bar concurrent prosecution | ||||||
| 25 | for any other crime, including any crime
that may have | ||||||
| 26 | been committed at the time of the violation of the | ||||||
| |||||||
| |||||||
| 1 | domestic violence order
of protection; or
| ||||||
| 2 | (2) The respondent commits the crime of child | ||||||
| 3 | abduction pursuant
to Section 10-5 of the Criminal Code of | ||||||
| 4 | 1961 or the Criminal Code of 2012, by having knowingly | ||||||
| 5 | violated:
| ||||||
| 6 | (i) remedies described in paragraph paragraphs | ||||||
| 7 | (5), (6), or (8) of subsection
(b)
of
Section 112A-14 | ||||||
| 8 | of this Code, or
| ||||||
| 9 | (ii) a remedy, which is substantially similar to | ||||||
| 10 | the remedies
authorized
under paragraph paragraphs | ||||||
| 11 | (1),
(5), (6), or (8) of subsection (b) of Section 214
| ||||||
| 12 | of the Illinois Domestic Violence Act of 1986, in a | ||||||
| 13 | valid domestic violence order of protection,
which is | ||||||
| 14 | authorized under the laws of another state, tribe, or | ||||||
| 15 | United States
territory.
| ||||||
| 16 | (3) The respondent commits the crime of violation of a | ||||||
| 17 | civil no contact order when the respondent violates | ||||||
| 18 | Section 12-3.8 of the Criminal Code of 2012.
Prosecution | ||||||
| 19 | for a violation of a civil no contact order shall not bar | ||||||
| 20 | concurrent prosecution for any other crime, including any | ||||||
| 21 | crime that may have been committed at the time of the | ||||||
| 22 | violation of the civil no contact order. | ||||||
| 23 | (4) The respondent commits the crime of violation of a | ||||||
| 24 | stalking no contact order when the respondent violates | ||||||
| 25 | Section 12-3.9 of the Criminal Code of 2012.
Prosecution | ||||||
| 26 | for a violation of a stalking no contact order shall not | ||||||
| |||||||
| |||||||
| 1 | bar concurrent prosecution for any other crime, including | ||||||
| 2 | any crime that may have been committed at the time of the | ||||||
| 3 | violation of the stalking no contact order. | ||||||
| 4 | (b) When violation is contempt of court. A violation of | ||||||
| 5 | any valid protective order, whether issued in a civil or | ||||||
| 6 | criminal
proceeding, may be enforced through civil or criminal | ||||||
| 7 | contempt procedures,
as appropriate, by any court with | ||||||
| 8 | jurisdiction, regardless where the act or
acts which violated | ||||||
| 9 | the protective order were committed, to the extent
consistent | ||||||
| 10 | with the venue provisions of this Article. Nothing in this
| ||||||
| 11 | Article shall preclude any Illinois court from enforcing any | ||||||
| 12 | valid protective order issued in another state. Illinois | ||||||
| 13 | courts may enforce protective orders through both criminal | ||||||
| 14 | prosecution and contempt proceedings,
unless the action which | ||||||
| 15 | is second in time is barred by collateral estoppel
or the | ||||||
| 16 | constitutional prohibition against double jeopardy.
| ||||||
| 17 | (1) In a contempt proceeding where the petition for a | ||||||
| 18 | rule to show
cause sets forth facts evidencing an | ||||||
| 19 | immediate danger that the
respondent will flee the | ||||||
| 20 | jurisdiction, conceal a child, or inflict physical
abuse | ||||||
| 21 | on the petitioner or minor children or on dependent adults | ||||||
| 22 | in
petitioner's care, the court may order the
attachment | ||||||
| 23 | of the respondent without prior service of the rule to | ||||||
| 24 | show
cause or the petition for a rule to show cause. Bond | ||||||
| 25 | shall be set unless
specifically denied in writing.
| ||||||
| 26 | (2) A petition for a rule to show cause for violation | ||||||
| |||||||
| |||||||
| 1 | of a protective order shall be treated as an expedited | ||||||
| 2 | proceeding.
| ||||||
| 3 | (c) Violation of custody, allocation of parental | ||||||
| 4 | responsibility, or support orders. A violation of remedies
| ||||||
| 5 | described in paragraph paragraphs (5), (6), (8), or (9) of | ||||||
| 6 | subsection (b) of Section
112A-14 of this Code may be enforced | ||||||
| 7 | by any remedy provided by Section 607.5 of
the Illinois | ||||||
| 8 | Marriage and Dissolution of Marriage Act. The court may
| ||||||
| 9 | enforce any order for support issued under paragraph (12) of | ||||||
| 10 | subsection (b)
of Section 112A-14 of this Code in the manner | ||||||
| 11 | provided for under Parts
V and VII of the
Illinois Marriage and | ||||||
| 12 | Dissolution of Marriage Act.
| ||||||
| 13 | (d) Actual knowledge. A protective order may be
enforced | ||||||
| 14 | pursuant to this Section if the respondent violates the order
| ||||||
| 15 | after the respondent has actual knowledge of its contents
as | ||||||
| 16 | shown through one of the following means:
| ||||||
| 17 | (1) (Blank).
| ||||||
| 18 | (2) (Blank).
| ||||||
| 19 | (3) By service of a protective order under subsection | ||||||
| 20 | (f) of Section 112A-17.5 or Section 112A-22 of this Code.
| ||||||
| 21 | (4) By other means demonstrating actual knowledge of | ||||||
| 22 | the contents of the order.
| ||||||
| 23 | (e) The enforcement of a protective order in civil or | ||||||
| 24 | criminal court
shall not be affected by either of the | ||||||
| 25 | following:
| ||||||
| 26 | (1) The existence of a separate, correlative order | ||||||
| |||||||
| |||||||
| 1 | entered under Section
112A-15 of this Code.
| ||||||
| 2 | (2) Any finding or order entered in a conjoined | ||||||
| 3 | criminal proceeding.
| ||||||
| 4 | (e-5) If a civil no contact order entered under subsection | ||||||
| 5 | (6) of Section 112A-20 of the Code of Criminal Procedure of | ||||||
| 6 | 1963 conflicts with an order issued pursuant to the Juvenile | ||||||
| 7 | Court Act of 1987 or the Illinois Marriage and Dissolution of | ||||||
| 8 | Marriage Act, the conflicting order issued under subsection | ||||||
| 9 | (6) of Section 112A-20 of the Code of Criminal Procedure of | ||||||
| 10 | 1963 shall be void. | ||||||
| 11 | (f) Circumstances. The court, when determining whether or | ||||||
| 12 | not a
violation of a protective order has occurred, shall not | ||||||
| 13 | require
physical manifestations of abuse on the person of the | ||||||
| 14 | victim.
| ||||||
| 15 | (g) Penalties.
| ||||||
| 16 | (1) Except as provided in paragraph (3) of this
| ||||||
| 17 | subsection (g), where the court finds the commission of a | ||||||
| 18 | crime or contempt of
court under subsection subsections | ||||||
| 19 | (a) or (b) of this Section, the penalty shall be
the | ||||||
| 20 | penalty that generally applies in such criminal or | ||||||
| 21 | contempt
proceedings, and may include one or more of the | ||||||
| 22 | following: incarceration,
payment of restitution, a fine, | ||||||
| 23 | payment of attorneys' fees and costs, or
community | ||||||
| 24 | service.
| ||||||
| 25 | (2) The court shall hear and take into account | ||||||
| 26 | evidence of any factors
in aggravation or mitigation | ||||||
| |||||||
| |||||||
| 1 | before deciding an appropriate penalty under
paragraph (1) | ||||||
| 2 | of this subsection (g).
| ||||||
| 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 protective order over any penalty previously | ||||||
| 7 | imposed by any court
for respondent's violation of any | ||||||
| 8 | protective order or penal statute
involving petitioner | ||||||
| 9 | 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 | protective order; and
| ||||||
| 13 | (iii) impose a minimum penalty of 48 hours | ||||||
| 14 | imprisonment for
respondent's second or subsequent | ||||||
| 15 | violation of a protective order | ||||||
| 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 a protective order, a criminal court may | ||||||
| 21 | consider evidence of any
violations of a protective order:
| ||||||
| 22 | (i) to increase, revoke, or modify the bail bond | ||||||
| 23 | on an underlying
criminal charge pursuant to Section | ||||||
| 24 | 110-6 of this Code;
| ||||||
| 25 | (ii) to revoke or modify an order of probation, | ||||||
| 26 | conditional discharge, or
supervision, pursuant to | ||||||
| |||||||
| |||||||
| 1 | Section 5-6-4 of the Unified Code of Corrections;
| ||||||
| 2 | (iii) to revoke or modify a sentence of periodic | ||||||
| 3 | imprisonment, pursuant
to Section 5-7-2 of the Unified | ||||||
| 4 | Code of Corrections.
| ||||||
| 5 | (Source: P.A. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21.)
| ||||||
| 6 | (Text of Section after amendment by P.A. 101-652) | ||||||
| 7 | Sec. 112A-23. Enforcement of protective orders.
| ||||||
| 8 | (a) When violation is crime. A violation of any protective | ||||||
| 9 | order,
whether issued in a civil, quasi-criminal proceeding, | ||||||
| 10 | shall be
enforced by a
criminal court when:
| ||||||
| 11 | (1) The respondent commits the crime of violation of a | ||||||
| 12 | domestic violence order of
protection pursuant to Section | ||||||
| 13 | 12-3.4 or 12-30 of the Criminal Code of
1961 or the | ||||||
| 14 | Criminal Code of 2012, by
having knowingly violated:
| ||||||
| 15 | (i) remedies described in paragraph paragraphs | ||||||
| 16 | (1), (2), (3), (14),
or
(14.5)
of subsection (b) of | ||||||
| 17 | Section 112A-14 of this Code,
| ||||||
| 18 | (ii) a remedy, which is substantially similar to | ||||||
| 19 | the remedies
authorized
under paragraph paragraphs | ||||||
| 20 | (1), (2), (3), (14), or (14.5) of subsection (b) of | ||||||
| 21 | Section 214
of the Illinois Domestic Violence Act of | ||||||
| 22 | 1986, in a valid order of protection,
which is | ||||||
| 23 | authorized under the laws of another state, tribe, or | ||||||
| 24 | United States
territory, or
| ||||||
| 25 | (iii) or any other remedy when the act
constitutes | ||||||
| |||||||
| |||||||
| 1 | a crime against the protected parties as defined by | ||||||
| 2 | the Criminal
Code of 1961 or the Criminal Code of 2012.
| ||||||
| 3 | Prosecution for a violation of a domestic violence | ||||||
| 4 | order of protection shall
not bar concurrent prosecution | ||||||
| 5 | for any other crime, including any crime
that may have | ||||||
| 6 | been committed at the time of the violation of the | ||||||
| 7 | domestic violence order
of protection; or
| ||||||
| 8 | (2) The respondent commits the crime of child | ||||||
| 9 | abduction pursuant
to Section 10-5 of the Criminal Code of | ||||||
| 10 | 1961 or the Criminal Code of 2012, by having knowingly | ||||||
| 11 | violated:
| ||||||
| 12 | (i) remedies described in paragraph paragraphs | ||||||
| 13 | (5), (6), or (8) of subsection
(b)
of
Section 112A-14 | ||||||
| 14 | of this Code, or
| ||||||
| 15 | (ii) a remedy, which is substantially similar to | ||||||
| 16 | the remedies
authorized
under paragraph paragraphs | ||||||
| 17 | (1),
(5), (6), or (8) of subsection (b) of Section 214
| ||||||
| 18 | of the Illinois Domestic Violence Act of 1986, in a | ||||||
| 19 | valid domestic violence order of protection,
which is | ||||||
| 20 | authorized under the laws of another state, tribe, or | ||||||
| 21 | United States
territory.
| ||||||
| 22 | (3) The respondent commits the crime of violation of a | ||||||
| 23 | civil no contact order when the respondent violates | ||||||
| 24 | Section 12-3.8 of the Criminal Code of 2012.
Prosecution | ||||||
| 25 | for a violation of a civil no contact order shall not bar | ||||||
| 26 | concurrent prosecution for any other crime, including any | ||||||
| |||||||
| |||||||
| 1 | crime that may have been committed at the time of the | ||||||
| 2 | violation of the civil no contact order. | ||||||
| 3 | (4) The respondent commits the crime of violation of a | ||||||
| 4 | stalking no contact order when the respondent violates | ||||||
| 5 | Section 12-3.9 of the Criminal Code of 2012.
Prosecution | ||||||
| 6 | for a violation of a stalking no contact order shall not | ||||||
| 7 | bar concurrent prosecution for any other crime, including | ||||||
| 8 | any crime that may have been committed at the time of the | ||||||
| 9 | violation of the stalking no contact order. | ||||||
| 10 | (b) When violation is contempt of court. A violation of | ||||||
| 11 | any valid protective order, whether issued in a civil or | ||||||
| 12 | criminal
proceeding, may be enforced through civil or criminal | ||||||
| 13 | contempt procedures,
as appropriate, by any court with | ||||||
| 14 | jurisdiction, regardless where the act or
acts which violated | ||||||
| 15 | the protective order were committed, to the extent
consistent | ||||||
| 16 | with the venue provisions of this Article. Nothing in this
| ||||||
| 17 | Article shall preclude any Illinois court from enforcing any | ||||||
| 18 | valid protective order issued in another state. Illinois | ||||||
| 19 | courts may enforce protective orders through both criminal | ||||||
| 20 | prosecution and contempt proceedings,
unless the action which | ||||||
| 21 | is second in time is barred by collateral estoppel
or the | ||||||
| 22 | constitutional prohibition against double jeopardy.
| ||||||
| 23 | (1) In a contempt proceeding where the petition for a | ||||||
| 24 | rule to show
cause sets forth facts evidencing an | ||||||
| 25 | immediate danger that the
respondent will flee the | ||||||
| 26 | jurisdiction, conceal a child, or inflict physical
abuse | ||||||
| |||||||
| |||||||
| 1 | on the petitioner or minor children or on dependent adults | ||||||
| 2 | in
petitioner's care, the court may order the
attachment | ||||||
| 3 | of the respondent without prior service of the rule to | ||||||
| 4 | show
cause or the petition for a rule to show cause. Bond | ||||||
| 5 | shall be set unless
specifically denied in writing.
| ||||||
| 6 | (2) A petition for a rule to show cause for violation | ||||||
| 7 | of a protective order shall be treated as an expedited | ||||||
| 8 | proceeding.
| ||||||
| 9 | (c) Violation of custody, allocation of parental | ||||||
| 10 | responsibility, or support orders. A violation of remedies
| ||||||
| 11 | described in paragraph paragraphs (5), (6), (8), or (9) of | ||||||
| 12 | subsection (b) of Section
112A-14 of this Code may be enforced | ||||||
| 13 | by any remedy provided by Section 607.5 of
the Illinois | ||||||
| 14 | Marriage and Dissolution of Marriage Act. The court may
| ||||||
| 15 | enforce any order for support issued under paragraph (12) of | ||||||
| 16 | subsection (b)
of Section 112A-14 of this Code in the manner | ||||||
| 17 | provided for under Parts
V and VII of the
Illinois Marriage and | ||||||
| 18 | Dissolution of Marriage Act.
| ||||||
| 19 | (d) Actual knowledge. A protective order may be
enforced | ||||||
| 20 | pursuant to this Section if the respondent violates the order
| ||||||
| 21 | after the respondent has actual knowledge of its contents
as | ||||||
| 22 | shown through one of the following means:
| ||||||
| 23 | (1) (Blank).
| ||||||
| 24 | (2) (Blank).
| ||||||
| 25 | (3) By service of a protective order under subsection | ||||||
| 26 | (f) of Section 112A-17.5 or Section 112A-22 of this Code.
| ||||||
| |||||||
| |||||||
| 1 | (4) By other means demonstrating actual knowledge of | ||||||
| 2 | the contents of the order.
| ||||||
| 3 | (e) The enforcement of a protective order in civil or | ||||||
| 4 | criminal court
shall not be affected by either of the | ||||||
| 5 | following:
| ||||||
| 6 | (1) The existence of a separate, correlative order | ||||||
| 7 | entered under Section
112A-15 of this Code.
| ||||||
| 8 | (2) Any finding or order entered in a conjoined | ||||||
| 9 | criminal proceeding.
| ||||||
| 10 | (e-5) If a civil no contact order entered under subsection | ||||||
| 11 | (6) of Section 112A-20 of the Code of Criminal Procedure of | ||||||
| 12 | 1963 conflicts with an order issued pursuant to the Juvenile | ||||||
| 13 | Court Act of 1987 or the Illinois Marriage and Dissolution of | ||||||
| 14 | Marriage Act, the conflicting order issued under subsection | ||||||
| 15 | (6) of Section 112A-20 of the Code of Criminal Procedure of | ||||||
| 16 | 1963 shall be void. | ||||||
| 17 | (f) Circumstances. The court, when determining whether or | ||||||
| 18 | not a
violation of a protective order has occurred, shall not | ||||||
| 19 | require
physical manifestations of abuse on the person of the | ||||||
| 20 | victim.
| ||||||
| 21 | (g) Penalties.
| ||||||
| 22 | (1) Except as provided in paragraph (3) of this
| ||||||
| 23 | subsection (g), where the court finds the commission of a | ||||||
| 24 | crime or contempt of
court under subsection subsections | ||||||
| 25 | (a) or (b) of this Section, the penalty shall be
the | ||||||
| 26 | penalty that generally applies in such criminal or | ||||||
| |||||||
| |||||||
| 1 | contempt
proceedings, and may include one or more of the | ||||||
| 2 | following: incarceration,
payment of restitution, a fine, | ||||||
| 3 | payment of attorneys' fees and costs, or
community | ||||||
| 4 | service.
| ||||||
| 5 | (2) The court shall hear and take into account | ||||||
| 6 | evidence of any factors
in aggravation or mitigation | ||||||
| 7 | before deciding an appropriate penalty under
paragraph (1) | ||||||
| 8 | of this subsection (g).
| ||||||
| 9 | (3) To the extent permitted by law, the court is | ||||||
| 10 | encouraged to:
| ||||||
| 11 | (i) increase the penalty for the knowing violation | ||||||
| 12 | of
any protective order over any penalty previously | ||||||
| 13 | imposed by any court
for respondent's violation of any | ||||||
| 14 | protective order or penal statute
involving petitioner | ||||||
| 15 | as victim and respondent as defendant;
| ||||||
| 16 | (ii) impose a minimum penalty of 24 hours | ||||||
| 17 | imprisonment for respondent's
first violation of any | ||||||
| 18 | protective order; and
| ||||||
| 19 | (iii) impose a minimum penalty of 48 hours | ||||||
| 20 | imprisonment for
respondent's second or subsequent | ||||||
| 21 | violation of a protective order | ||||||
| 22 | unless the court explicitly finds that an increased | ||||||
| 23 | penalty or that
period of imprisonment would be manifestly | ||||||
| 24 | unjust.
| ||||||
| 25 | (4) In addition to any other penalties imposed for a | ||||||
| 26 | violation of a protective order, a criminal court may | ||||||
| |||||||
| |||||||
| 1 | consider evidence of any
violations of a protective order:
| ||||||
| 2 | (i) to increase, revoke, or modify the conditions | ||||||
| 3 | of pretrial release bail bond on an underlying
| ||||||
| 4 | criminal charge pursuant to Section 110-6 of this | ||||||
| 5 | Code;
| ||||||
| 6 | (ii) to revoke or modify an order of probation, | ||||||
| 7 | conditional discharge, or
supervision, pursuant to | ||||||
| 8 | Section 5-6-4 of the Unified Code of Corrections;
| ||||||
| 9 | (iii) to revoke or modify a sentence of periodic | ||||||
| 10 | imprisonment, pursuant
to Section 5-7-2 of the Unified | ||||||
| 11 | Code of Corrections.
| ||||||
| 12 | (Source: P.A. 101-652, eff. 1-1-23; 102-184, eff. 1-1-22; | ||||||
| 13 | 102-558, eff. 8-20-21; revised 10-12-21.)
| ||||||
| 14 | (725 ILCS 5/114-1) (from Ch. 38, par. 114-1)
| ||||||
| 15 | Sec. 114-1. Motion to dismiss charge.
| ||||||
| 16 | (a) Upon the written motion of the defendant made prior to | ||||||
| 17 | trial before
or after a plea has been entered the court may | ||||||
| 18 | dismiss the indictment,
information or complaint upon any of | ||||||
| 19 | the following grounds:
| ||||||
| 20 | (1) The defendant has not been placed on trial in | ||||||
| 21 | compliance
with Section 103-5 of this Code.
| ||||||
| 22 | (2) The prosecution of the offense is barred by | ||||||
| 23 | Sections 3-3 through
3-8 of the Criminal Code of 2012.
| ||||||
| 24 | (3) The defendant has received immunity from | ||||||
| 25 | prosecution for the offense
charged.
| ||||||
| |||||||
| |||||||
| 1 | (4) The indictment was returned by a Grand Jury which | ||||||
| 2 | was improperly
selected and which results in substantial | ||||||
| 3 | injustice to the defendant.
| ||||||
| 4 | (5) The indictment was returned by a Grand Jury which | ||||||
| 5 | acted contrary to
Article 112 of this Code and which | ||||||
| 6 | results in substantial injustice to the
defendant.
| ||||||
| 7 | (6) The court in which the charge has been filed does | ||||||
| 8 | not have
jurisdiction.
| ||||||
| 9 | (7) The county is an improper place of trial.
| ||||||
| 10 | (8) The charge does not state an offense.
| ||||||
| 11 | (9) The indictment is based solely upon the testimony | ||||||
| 12 | of an incompetent
witness.
| ||||||
| 13 | (10) The defendant is misnamed in the charge and the | ||||||
| 14 | misnomer results in
substantial injustice to the | ||||||
| 15 | defendant.
| ||||||
| 16 | (11) The requirements of Section 109-3.1 have not been | ||||||
| 17 | complied with.
| ||||||
| 18 | (b) The court shall require any motion to dismiss to be | ||||||
| 19 | filed within a
reasonable time after the defendant has been | ||||||
| 20 | arraigned. Any motion not
filed within such time or an | ||||||
| 21 | extension thereof shall not be considered by
the court and the | ||||||
| 22 | grounds therefor, except as to subsections (a)(6) and
(a)(8) | ||||||
| 23 | of this Section, are waived.
| ||||||
| 24 | (c) If the motion presents only an issue of law the court | ||||||
| 25 | shall
determine it without the necessity of further pleadings. | ||||||
| 26 | If the motion
alleges facts not of record in the case the State | ||||||
| |||||||
| |||||||
| 1 | shall file an answer
admitting or denying each of the factual | ||||||
| 2 | allegations of the motion.
| ||||||
| 3 | (d) When an issue of fact is presented by a motion to | ||||||
| 4 | dismiss and the
answer of the State the court shall conduct a | ||||||
| 5 | hearing and determine the
issues.
| ||||||
| 6 | (d-5) When a defendant seeks dismissal of the charge upon | ||||||
| 7 | the ground set
forth in subsection (a)(7) of this Section, the | ||||||
| 8 | defendant shall make a prima
facie showing that the county is | ||||||
| 9 | an improper place of trial. Upon such
showing, the State shall | ||||||
| 10 | have the burden of proving, by a preponderance of
the | ||||||
| 11 | evidence, that the county is the proper place of trial.
| ||||||
| 12 | (d-6) When a defendant seeks dismissal of the charge upon | ||||||
| 13 | the grounds set forth in subsection (a)(2) of this Section, | ||||||
| 14 | the prosecution shall have the burden of proving, by a | ||||||
| 15 | preponderance of the evidence, that the
prosecution of the | ||||||
| 16 | offense is not barred by Sections 3-3 through 3-8 of the | ||||||
| 17 | Criminal Code of 2012. | ||||||
| 18 | (e) Dismissal of the charge upon the grounds set forth in | ||||||
| 19 | subsections
(a)(4) through (a)(11) of this Section shall not | ||||||
| 20 | prevent the return of a
new indictment or the filing of a new | ||||||
| 21 | charge, and upon such dismissal
the court may order that the | ||||||
| 22 | defendant be held in custody or, if the
defendant had been | ||||||
| 23 | previously released on pretrial release bail, that the | ||||||
| 24 | pretrial release bail be continued for a specified time | ||||||
| 25 | pending the return of a new
indictment or the filing of a new | ||||||
| 26 | charge.
| ||||||
| |||||||
| |||||||
| 1 | (f) If the court determines that the motion to dismiss | ||||||
| 2 | based upon the
grounds set forth in subsections (a)(6) and | ||||||
| 3 | (a)(7) is well founded it
may, instead of dismissal, order the | ||||||
| 4 | cause transferred to a court of
competent jurisdiction or to a | ||||||
| 5 | proper place of trial.
| ||||||
| 6 | (Source: P.A. 100-434, eff. 1-1-18; 101-652.)
| ||||||
| 7 | (725 ILCS 5/115-4.1) (from Ch. 38, par. 115-4.1)
| ||||||
| 8 | Sec. 115-4.1. Absence of defendant.
| ||||||
| 9 | (a) When a defendant after arrest
and an initial court | ||||||
| 10 | appearance for a non-capital felony or a misdemeanor,
fails to | ||||||
| 11 | appear for trial, at the request of the State and after the | ||||||
| 12 | State
has affirmatively proven through substantial evidence | ||||||
| 13 | that the defendant
is willfully avoiding trial, the court may | ||||||
| 14 | commence trial in the absence
of the defendant. Absence of a | ||||||
| 15 | defendant as specified in this Section
shall not be a bar to | ||||||
| 16 | indictment of a defendant, return of information
against a | ||||||
| 17 | defendant, or arraignment of a defendant for the charge for | ||||||
| 18 | which
pretrial release bail has been granted. If a defendant | ||||||
| 19 | fails
to appear at arraignment, the court may enter a plea of | ||||||
| 20 | "not guilty" on his
behalf. If a defendant absents himself | ||||||
| 21 | before trial on a capital felony,
trial may proceed as | ||||||
| 22 | specified in this Section provided that the State
certifies | ||||||
| 23 | that it will not seek a death sentence following conviction.
| ||||||
| 24 | Trial in the defendant's absence shall be by jury unless
the | ||||||
| 25 | defendant had previously waived trial by jury. The absent | ||||||
| |||||||
| |||||||
| 1 | defendant
must be represented by retained or appointed | ||||||
| 2 | counsel.
The court, at the conclusion of all of the | ||||||
| 3 | proceedings, may order the clerk
of the circuit court to pay | ||||||
| 4 | counsel such sum as the court deems reasonable,
from any bond | ||||||
| 5 | monies which were posted by the defendant with the clerk,
| ||||||
| 6 | after the clerk has first deducted all court costs. If trial | ||||||
| 7 | had previously
commenced in the presence of the defendant and | ||||||
| 8 | the defendant willfully absents
himself for two successive | ||||||
| 9 | court days, the court shall proceed to trial. All
procedural | ||||||
| 10 | rights guaranteed by the United States Constitution, | ||||||
| 11 | Constitution
of the State of Illinois, statutes of the State | ||||||
| 12 | of Illinois, and rules of court
shall apply to the proceedings | ||||||
| 13 | the same as if the defendant were present
in court and had not | ||||||
| 14 | either had his or her pretrial release revoked forfeited his | ||||||
| 15 | bail bond or escaped
from custody. The court may set the case | ||||||
| 16 | for a trial which may be conducted
under this Section despite | ||||||
| 17 | the failure of the defendant to appear at the
hearing at which | ||||||
| 18 | the trial date is set. When such trial date is set the
clerk | ||||||
| 19 | shall send to the defendant, by certified mail at his last | ||||||
| 20 | known address
indicated on his bond slip, notice of the new | ||||||
| 21 | date which has been set for
trial. Such notification shall be | ||||||
| 22 | required when the defendant was not
personally present in open | ||||||
| 23 | court at the time when the case was set for trial.
| ||||||
| 24 | (b) The absence of a defendant from a trial conducted | ||||||
| 25 | pursuant to this
Section does not operate as a bar to | ||||||
| 26 | concluding the trial, to a judgment
of conviction resulting | ||||||
| |||||||
| |||||||
| 1 | therefrom, or to a final disposition of the trial
in favor of | ||||||
| 2 | the defendant.
| ||||||
| 3 | (c) Upon a verdict of not guilty, the court shall enter | ||||||
| 4 | judgment for the
defendant. Upon a verdict of guilty, the | ||||||
| 5 | court shall set a date for the
hearing of post-trial motions | ||||||
| 6 | and shall hear such motion in the absence
of the defendant. If | ||||||
| 7 | post-trial motions are denied, the court shall proceed
to | ||||||
| 8 | conduct a sentencing hearing and to impose a sentence upon the | ||||||
| 9 | defendant.
| ||||||
| 10 | (d) A defendant who is absent for part of the proceedings | ||||||
| 11 | of trial,
post-trial motions, or sentencing, does not thereby | ||||||
| 12 | forfeit his right to be
present at all remaining proceedings.
| ||||||
| 13 | (e) When a defendant who in his absence has been either | ||||||
| 14 | convicted or
sentenced or both convicted and sentenced appears | ||||||
| 15 | before the court, he must
be granted a new trial or new | ||||||
| 16 | sentencing hearing if the defendant can
establish that his | ||||||
| 17 | failure to appear in court was both without his fault
and due | ||||||
| 18 | to circumstances beyond his control. A hearing with notice to | ||||||
| 19 | the
State's Attorney on the defendant's request for a new | ||||||
| 20 | trial or a new
sentencing hearing must be held before any such | ||||||
| 21 | request may be granted. At
any such hearing both the defendant | ||||||
| 22 | and the State may present evidence.
| ||||||
| 23 | (f) If the court grants only the defendant's request for a | ||||||
| 24 | new sentencing
hearing, then a new sentencing hearing shall be | ||||||
| 25 | held in accordance with
the provisions of the Unified Code of | ||||||
| 26 | Corrections. At any such hearing,
both the defendant and the | ||||||
| |||||||
| |||||||
| 1 | State may offer evidence of the defendant's conduct
during his | ||||||
| 2 | period of absence from the court. The court may impose any | ||||||
| 3 | sentence
authorized by the Unified Code of Corrections and is | ||||||
| 4 | not in any way limited
or restricted by any sentence | ||||||
| 5 | previously imposed.
| ||||||
| 6 | (g) A defendant whose motion under paragraph (e) for a new | ||||||
| 7 | trial or new
sentencing hearing has been denied may file a | ||||||
| 8 | notice of appeal therefrom.
Such notice may also include a | ||||||
| 9 | request for review of the judgment and sentence
not vacated by | ||||||
| 10 | the trial court.
| ||||||
| 11 | (Source: P.A. 90-787, eff. 8-14-98; 101-652.)
| ||||||
| 12 | (725 ILCS 5/122-6) (from Ch. 38, par. 122-6)
| ||||||
| 13 | Sec. 122-6. Disposition in trial court.
| ||||||
| 14 | The court may receive proof by affidavits, depositions, | ||||||
| 15 | oral testimony,
or other evidence. In its discretion the court | ||||||
| 16 | may order the petitioner
brought before the court for the | ||||||
| 17 | hearing. If the court finds in favor of
the petitioner, it | ||||||
| 18 | shall enter an appropriate order with respect to the
judgment | ||||||
| 19 | or sentence in the former proceedings and such supplementary
| ||||||
| 20 | orders as to rearraignment, retrial, custody, conditions of | ||||||
| 21 | pretrial release bail or discharge as may be
necessary and | ||||||
| 22 | proper.
| ||||||
| 23 | (Source: Laws 1963, p. 2836; P.A. 101-652.)
| ||||||
| 24 | (725 ILCS 5/110-1.5 rep.) | ||||||
| |||||||
| |||||||
| 1 | Section 225. The Code of Criminal Procedure of 1963 is | ||||||
| 2 | amended by repealing Section 110-1.5.
| ||||||
| 3 | Section 230. The Code of Criminal Procedure of 1963 is | ||||||
| 4 | amended by changing the heading of Article 110 by changing | ||||||
| 5 | Sections 103-2, 103-3, and 108-8 as follows:
| ||||||
| 6 | (725 ILCS 5/103-2) (from Ch. 38, par. 103-2)
| ||||||
| 7 | Sec. 103-2. Treatment while in custody.
| ||||||
| 8 | (a) On being taken into custody every person shall have | ||||||
| 9 | the right to
remain silent.
| ||||||
| 10 | (b) No unlawful means of any kind shall be used to obtain a | ||||||
| 11 | statement,
admission or confession from any person in custody.
| ||||||
| 12 | (c) Persons in custody shall be treated humanely and | ||||||
| 13 | provided with
proper food, shelter and, if required, medical | ||||||
| 14 | treatment without unreasonable delay if the need for the | ||||||
| 15 | treatment is apparent.
| ||||||
| 16 | (Source: Laws 1963, p. 2836; P.A. 101-652.)
| ||||||
| 17 | (725 ILCS 5/103-3) (from Ch. 38, par. 103-3)
| ||||||
| 18 | Sec. 103-3.
Right
to communicate with attorney and family; | ||||||
| 19 | transfers.
| ||||||
| 20 | (a) (Blank). Persons who are arrested shall have the right | ||||||
| 21 | to communicate with an
attorney of their choice and a member of | ||||||
| 22 | their family by making a
reasonable number of telephone calls | ||||||
| 23 | or in any other reasonable manner.
Such communication shall be | ||||||
| |||||||
| |||||||
| 1 | permitted within a reasonable time after
arrival at the first | ||||||
| 2 | place of custody.
| ||||||
| 3 | (a-5) Persons who are in police custody have the right to
| ||||||
| 4 | communicate free of charge with an attorney of their choice | ||||||
| 5 | and members of their family as soon as possible upon being | ||||||
| 6 | taken
into police custody, but no later than three hours after | ||||||
| 7 | arrival
at the first place of custody. Persons in police | ||||||
| 8 | custody must be given: | ||||||
| 9 | (1) access to use a telephone via a land line or
| ||||||
| 10 | cellular phone to make three phone calls; and | ||||||
| 11 | (2) the ability to retrieve phone numbers contained in
| ||||||
| 12 | his or her contact list on his or her cellular phone prior
| ||||||
| 13 | to the phone being placed into inventory. | ||||||
| 14 | (a-10) In accordance with Section 103-7, at every facility | ||||||
| 15 | where a
person is in police custody a sign containing, at | ||||||
| 16 | minimum, the
following information in bold block type must be | ||||||
| 17 | posted in a
conspicuous place: | ||||||
| 18 | (1) a short statement notifying persons who are in
| ||||||
| 19 | police custody of their right to have access to a phone
| ||||||
| 20 | within three hours after being taken into police custody; | ||||||
| 21 | and | ||||||
| 22 | (2) persons who are in police custody have the right | ||||||
| 23 | to
make three phone calls within three hours after being | ||||||
| 24 | taken
into custody, at no charge. | ||||||
| 25 | (a-15) In addition to the information listed in subsection
| ||||||
| 26 | (a-10), if the place of custody is located in a jurisdiction
| ||||||
| |||||||
| |||||||
| 1 | where the court has appointed the public defender or other
| ||||||
| 2 | attorney to represent persons who are in police custody, the
| ||||||
| 3 | telephone number to the public defender or appointed | ||||||
| 4 | attorney's
office must also be displayed. The telephone call | ||||||
| 5 | to the public
defender or other attorney must not be | ||||||
| 6 | monitored, eavesdropped
upon, or recorded. | ||||||
| 7 | (b) (Blank). In the event the accused is transferred to a | ||||||
| 8 | new place of custody
his right to communicate with an attorney | ||||||
| 9 | and a member of his family is
renewed.
| ||||||
| 10 | (c) In the event a person who is in police custody is
| ||||||
| 11 | transferred to a new place of custody, his or her right to make
| ||||||
| 12 | telephone calls under this Section within three hours after | ||||||
| 13 | arrival is renewed. | ||||||
| 14 | (d) In this Section "custody" means the restriction of a
| ||||||
| 15 | person's freedom of movement by a law enforcement officer's
| ||||||
| 16 | exercise of his or her lawful authority. | ||||||
| 17 | (e) The three hours requirement shall not apply while the | ||||||
| 18 | person in police custody is asleep, unconscious, or otherwise | ||||||
| 19 | incapacitated. | ||||||
| 20 | (f) Nothing in this Section shall interfere with a | ||||||
| 21 | person's rights or override procedures required in the Bill of | ||||||
| 22 | Rights of the Illinois and US Constitutions, including but not | ||||||
| 23 | limited to Fourth Amendment search and seizure rights, Fifth | ||||||
| 24 | Amendment due process rights and rights to be free from | ||||||
| 25 | self-incrimination and Sixth Amendment right to counsel. | ||||||
| 26 | (Source: P.A. 101-652, eff. 7-1-21.)
| ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 has not | ||||||
| 4 | implemented a body camera in accordance with Section 10-15 | ||||||
| 5 | of the Law Enforcement Officer-Worn Body
Camera Act, the | ||||||
| 6 | officer must attest that the interaction authorized by the | ||||||
| 7 | warrant is otherwise recorded; | ||||||
| 8 | (2) steps were taken in planning the search to ensure | ||||||
| 9 | accuracy and plan for children or other vulnerable people | ||||||
| 10 | on-site; and | ||||||
| 11 | (3) if an officer becomes aware the search warrant was | ||||||
| 12 | executed at an address, unit, or apartment different from | ||||||
| 13 | the location listed on the search warrant, that member | ||||||
| 14 | will immediately notify a supervisor who will ensure an | ||||||
| 15 | internal investigation ensues. | ||||||
| 16 | (Source: P.A. 101-652, eff. 7-1-21.)
| ||||||
| 17 | Section 235. The Code of Criminal Procedure of 1963 is | ||||||
| 18 | amended by reenacting Sections 110-6.3, 110-6.5, 110-7, 110-8, | ||||||
| 19 | 110-9, 110-13, 110-14, 110-15, 110-16, 110-17, and 110-18 as | ||||||
| 20 | follows:
| ||||||
| 21 | (725 ILCS 5/110-6.3) (from Ch. 38, par. 110-6.3)
| ||||||
| 22 | Sec. 110-6.3. Denial of bail in stalking and aggravated | ||||||
| 23 | stalking
offenses. | ||||||
| 24 | (a) Upon verified petition by the State, the court shall | ||||||
| |||||||
| |||||||
| 1 | hold a
hearing to determine whether bail should be denied to a | ||||||
| 2 | defendant who is
charged with
stalking or aggravated stalking, | ||||||
| 3 | when it is alleged that the defendant's
admission to bail | ||||||
| 4 | poses a real and present threat to the physical safety of
the | ||||||
| 5 | alleged victim of the offense, and denial of release on bail or
| ||||||
| 6 | personal recognizance is necessary to prevent fulfillment of | ||||||
| 7 | the threat
upon which the charge is based.
| ||||||
| 8 | (1) A petition may be filed without prior notice to | ||||||
| 9 | the defendant at the
first appearance before a judge, or | ||||||
| 10 | within 21 calendar days, except as
provided in Section | ||||||
| 11 | 110-6, after arrest and release of the defendant upon
| ||||||
| 12 | reasonable notice to defendant; provided that while the | ||||||
| 13 | petition is
pending before the court, the defendant if | ||||||
| 14 | previously released shall not be
detained.
| ||||||
| 15 | (2) The hearing shall be held immediately upon the | ||||||
| 16 | defendant's
appearance before the court, unless for good | ||||||
| 17 | cause shown the defendant or
the State seeks a | ||||||
| 18 | continuance. A continuance on motion of the defendant
may | ||||||
| 19 | not exceed 5 calendar days, and the defendant may be held | ||||||
| 20 | in custody
during the continuance. A continuance on the | ||||||
| 21 | motion of the State may not
exceed 3 calendar days; | ||||||
| 22 | however, the defendant may be held in custody
during the | ||||||
| 23 | continuance under this provision if the defendant has been
| ||||||
| 24 | previously found to have violated an order of protection | ||||||
| 25 | or has been
previously convicted of, or granted court | ||||||
| 26 | supervision for, any of the
offenses set forth in Sections | ||||||
| |||||||
| |||||||
| 1 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-2,
| ||||||
| 2 | 12-3.05, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-7.3, 12-7.4, | ||||||
| 3 | 12-13,
12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code | ||||||
| 4 | of 1961 or the Criminal Code of 2012, against the
same | ||||||
| 5 | person
as the alleged victim of the stalking or aggravated | ||||||
| 6 | stalking offense.
| ||||||
| 7 | (b) The court may deny bail to the defendant when, after | ||||||
| 8 | the hearing, it
is determined that:
| ||||||
| 9 | (1) the proof is evident or the presumption great that | ||||||
| 10 | the defendant has
committed the offense of stalking or | ||||||
| 11 | aggravated stalking; and
| ||||||
| 12 | (2) the defendant poses a real and present threat to | ||||||
| 13 | the physical safety
of the alleged victim of the offense; | ||||||
| 14 | and
| ||||||
| 15 | (3) the denial of release on bail or personal | ||||||
| 16 | recognizance is
necessary to prevent fulfillment of the | ||||||
| 17 | threat upon which the charge is based;
and
| ||||||
| 18 | (4) the court finds that no condition or combination | ||||||
| 19 | of conditions set
forth in subsection (b) of Section | ||||||
| 20 | 110-10 of this Code, including mental
health treatment at | ||||||
| 21 | a community mental health center, hospital, or
facility of | ||||||
| 22 | the Department of Human Services,
can reasonably assure | ||||||
| 23 | the physical safety of the alleged victim of the offense.
| ||||||
| 24 | (c) Conduct of the hearings.
| ||||||
| 25 | (1) The hearing on the defendant's culpability and | ||||||
| 26 | threat to the
alleged victim of the offense shall be
| ||||||
| |||||||
| |||||||
| 1 | conducted in accordance with the following provisions:
| ||||||
| 2 | (A) Information used by the court in its findings | ||||||
| 3 | or stated in or
offered
at the hearing may be by way of | ||||||
| 4 | proffer based upon reliable information
offered by the | ||||||
| 5 | State or by defendant. Defendant has the right to be
| ||||||
| 6 | represented by counsel, and if he is indigent, to have | ||||||
| 7 | counsel appointed
for him. Defendant shall have the | ||||||
| 8 | opportunity to testify, to present
witnesses in his | ||||||
| 9 | own behalf, and to cross-examine witnesses if any are
| ||||||
| 10 | called by the State. The defendant has the right to | ||||||
| 11 | present witnesses in
his favor. When the ends of | ||||||
| 12 | justice so require, the court may exercise
its | ||||||
| 13 | discretion and compel the appearance of a complaining
| ||||||
| 14 | witness. The court shall state on the record reasons | ||||||
| 15 | for granting a
defense request to compel the presence | ||||||
| 16 | of a complaining witness.
Cross-examination of a | ||||||
| 17 | complaining witness at the pretrial detention hearing | ||||||
| 18 | for
the purpose of impeaching the witness' credibility | ||||||
| 19 | is insufficient reason
to compel the presence of the | ||||||
| 20 | witness. In deciding whether to compel the
appearance | ||||||
| 21 | of a complaining witness, the court shall be | ||||||
| 22 | considerate of the
emotional and physical well-being | ||||||
| 23 | of the witness.
The pretrial detention hearing is not | ||||||
| 24 | to be used for the purposes of
discovery, and the post | ||||||
| 25 | arraignment rules of discovery do not apply. The
State | ||||||
| 26 | shall tender to the
defendant, prior to the hearing, | ||||||
| |||||||
| |||||||
| 1 | copies of defendant's criminal history, if
any, if | ||||||
| 2 | available, and any written or recorded statements and | ||||||
| 3 | the substance
of any oral statements made by any | ||||||
| 4 | person, if relied upon by the State.
The rules | ||||||
| 5 | concerning the admissibility of evidence in
criminal | ||||||
| 6 | trials do not apply to the presentation and | ||||||
| 7 | consideration of
information at the hearing. At the | ||||||
| 8 | trial concerning the offense for which
the hearing was | ||||||
| 9 | conducted neither the finding of the court nor any
| ||||||
| 10 | transcript or other record of the hearing shall be | ||||||
| 11 | admissible in the
State's case in chief, but shall be | ||||||
| 12 | admissible for impeachment, or as
provided in Section | ||||||
| 13 | 115-10.1 of this Code, or in a perjury proceeding.
| ||||||
| 14 | (B) A motion by the defendant to suppress evidence | ||||||
| 15 | or to suppress a
confession shall not be entertained. | ||||||
| 16 | Evidence that proof may have been
obtained as the | ||||||
| 17 | result of an unlawful search and seizure or through
| ||||||
| 18 | improper interrogation is not relevant to this state | ||||||
| 19 | of the prosecution.
| ||||||
| 20 | (2) The facts relied upon by the court to support a | ||||||
| 21 | finding that:
| ||||||
| 22 | (A) the
defendant poses a real and present threat | ||||||
| 23 | to the physical safety of the
alleged victim of the | ||||||
| 24 | offense; and
| ||||||
| 25 | (B) the denial of release on bail or personal
| ||||||
| 26 | recognizance is necessary to prevent fulfillment of | ||||||
| |||||||
| |||||||
| 1 | the threat upon which
the charge is based;
| ||||||
| 2 | shall be supported by clear and convincing evidence
| ||||||
| 3 | presented by the State.
| ||||||
| 4 | (d) Factors to be considered in making a determination of | ||||||
| 5 | the threat to
the alleged victim of the offense.
The court may, | ||||||
| 6 | in determining whether the defendant poses, at the time of
the | ||||||
| 7 | hearing, a real and
present threat to the physical safety of | ||||||
| 8 | the alleged victim of the offense,
consider but
shall not be | ||||||
| 9 | limited to evidence or testimony concerning:
| ||||||
| 10 | (1) The nature and circumstances of the offense | ||||||
| 11 | charged;
| ||||||
| 12 | (2) The history and characteristics of the defendant | ||||||
| 13 | including:
| ||||||
| 14 | (A) Any evidence of the defendant's prior criminal | ||||||
| 15 | history indicative of
violent, abusive or assaultive | ||||||
| 16 | behavior, or lack of that behavior. The
evidence may | ||||||
| 17 | include testimony or documents received in juvenile
| ||||||
| 18 | proceedings, criminal, quasi-criminal, civil | ||||||
| 19 | commitment, domestic relations
or other proceedings;
| ||||||
| 20 | (B) Any evidence of the defendant's psychological, | ||||||
| 21 | psychiatric or other
similar social history that tends | ||||||
| 22 | to indicate a violent, abusive, or
assaultive nature, | ||||||
| 23 | or lack of any such history.
| ||||||
| 24 | (3) The nature of the threat which is the basis of the | ||||||
| 25 | charge against the defendant;
| ||||||
| 26 | (4) Any statements made by, or attributed to the | ||||||
| |||||||
| |||||||
| 1 | defendant, together with
the circumstances surrounding | ||||||
| 2 | them;
| ||||||
| 3 | (5) The age and physical condition of any person | ||||||
| 4 | assaulted
by the defendant;
| ||||||
| 5 | (6) Whether the defendant is known to possess or have | ||||||
| 6 | access to any
weapon or weapons;
| ||||||
| 7 | (7) Whether, at the time of the current offense or any | ||||||
| 8 | other offense or
arrest, the defendant was on probation, | ||||||
| 9 | parole, aftercare release, mandatory supervised
release or | ||||||
| 10 | other release from custody pending trial, sentencing, | ||||||
| 11 | appeal or
completion of sentence for an offense under | ||||||
| 12 | federal or state law;
| ||||||
| 13 | (8) Any other factors, including those listed in | ||||||
| 14 | Section 110-5 of this
Code, deemed by the court to have a | ||||||
| 15 | reasonable bearing upon the
defendant's propensity or | ||||||
| 16 | reputation for violent, abusive or assaultive
behavior, or | ||||||
| 17 | lack of that behavior.
| ||||||
| 18 | (e) The court shall, in any order denying bail to a person | ||||||
| 19 | charged with
stalking or aggravated stalking:
| ||||||
| 20 | (1) briefly summarize the evidence of the defendant's | ||||||
| 21 | culpability and its
reasons for concluding that the | ||||||
| 22 | defendant should be held without bail;
| ||||||
| 23 | (2) direct that the defendant be committed to the | ||||||
| 24 | custody of the sheriff
for confinement in the county jail | ||||||
| 25 | pending trial;
| ||||||
| 26 | (3) direct that the defendant be given a reasonable | ||||||
| |||||||
| |||||||
| 1 | opportunity for
private consultation with counsel, and for | ||||||
| 2 | communication with others of his
choice by visitation, | ||||||
| 3 | mail and telephone; and
| ||||||
| 4 | (4) direct that the sheriff deliver the defendant as | ||||||
| 5 | required for
appearances in connection with court | ||||||
| 6 | proceedings.
| ||||||
| 7 | (f) If the court enters an order for the detention of the | ||||||
| 8 | defendant
under subsection (e) of this Section, the defendant | ||||||
| 9 | shall be brought to
trial on the offense for which he is | ||||||
| 10 | detained within 90 days after the date
on which the order for | ||||||
| 11 | detention was entered. If the defendant is not
brought to | ||||||
| 12 | trial within the 90 day period required by this subsection | ||||||
| 13 | (f),
he shall not be held longer without bail. In computing the | ||||||
| 14 | 90 day period,
the court shall omit any period of delay | ||||||
| 15 | resulting from a continuance
granted at the request of the | ||||||
| 16 | defendant.
The court shall immediately notify the alleged | ||||||
| 17 | victim of the offense that the defendant
has been admitted to | ||||||
| 18 | bail under this subsection.
| ||||||
| 19 | (g) Any person shall be entitled to appeal any
order | ||||||
| 20 | entered under this Section denying bail to the defendant.
| ||||||
| 21 | (h) The State may appeal any order entered under this | ||||||
| 22 | Section denying any
motion for denial of bail.
| ||||||
| 23 | (i) Nothing in this Section shall be construed as | ||||||
| 24 | modifying or limiting
in any way the defendant's presumption | ||||||
| 25 | of innocence in further criminal
proceedings.
| ||||||
| 26 | (Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||||||
| |||||||
| |||||||
| 1 | 98-558, eff. 1-1-14; 101-652, eff. 7-1-21.)
| ||||||
| 2 | (725 ILCS 5/110-6.5)
| ||||||
| 3 | Sec. 110-6.5. Drug testing program. The Chief Judge of the | ||||||
| 4 | circuit may establish a drug testing program as provided
by | ||||||
| 5 | this Section in any county in the circuit if the county board | ||||||
| 6 | has approved
the establishment of the program and the county | ||||||
| 7 | probation department or
pretrial services agency has consented | ||||||
| 8 | to administer it. The drug testing
program shall be conducted | ||||||
| 9 | under the following provisions:
| ||||||
| 10 | (a) The court, in the case of a defendant charged with a | ||||||
| 11 | felony offense or
any offense involving the possession or | ||||||
| 12 | delivery of cannabis or a
controlled substance, shall:
| ||||||
| 13 | (1) not consider the release of the defendant on his | ||||||
| 14 | or her own
recognizance, unless the defendant consents to | ||||||
| 15 | periodic drug testing during
the period of release on his | ||||||
| 16 | or her own recognizance, in accordance with this
Section;
| ||||||
| 17 | (2) consider the consent of the defendant to periodic | ||||||
| 18 | drug testing
during the period of release on bail in | ||||||
| 19 | accordance with this Section as a
favorable factor for the | ||||||
| 20 | defendant in determining the amount of bail, the
| ||||||
| 21 | conditions of release or in considering the defendant's | ||||||
| 22 | motion to reduce
the amount of bail.
| ||||||
| 23 | (b) The drug testing shall be conducted by the pretrial | ||||||
| 24 | services agency or
under the direction of the probation | ||||||
| 25 | department when a pretrial services
agency does not exist in | ||||||
| |||||||
| |||||||
| 1 | accordance with this Section.
| ||||||
| 2 | (c) A defendant who consents to periodic drug testing as | ||||||
| 3 | set forth in this
Section
shall sign an agreement with the | ||||||
| 4 | court that, during the period of release,
the defendant shall | ||||||
| 5 | refrain from using illegal drugs and that the
defendant will | ||||||
| 6 | comply with the conditions of the testing program. The
| ||||||
| 7 | agreement shall be on a form prescribed by the court and shall | ||||||
| 8 | be executed
at the time of the bail hearing. This agreement | ||||||
| 9 | shall be made a specific
condition of bail.
| ||||||
| 10 | (d) The drug testing program shall be conducted as | ||||||
| 11 | follows:
| ||||||
| 12 | (1) The testing shall be done by urinalysis for the | ||||||
| 13 | detection of
phencyclidine, heroin, cocaine, methadone and | ||||||
| 14 | amphetamines.
| ||||||
| 15 | (2) The collection of samples shall be performed under | ||||||
| 16 | reasonable and
sanitary conditions.
| ||||||
| 17 | (3) Samples shall be collected and tested with due | ||||||
| 18 | regard for the
privacy of the individual being tested and | ||||||
| 19 | in a manner reasonably
calculated to prevent substitutions | ||||||
| 20 | or interference with the collection or
testing of reliable | ||||||
| 21 | samples.
| ||||||
| 22 | (4) Sample collection shall be documented, and the | ||||||
| 23 | documentation
procedures shall include:
| ||||||
| 24 | (i) Labeling of samples so as to reasonably | ||||||
| 25 | preclude the probability of
erroneous identification | ||||||
| 26 | of test results; and
| ||||||
| |||||||
| |||||||
| 1 | (ii) An opportunity for the defendant to provide | ||||||
| 2 | information on the
identification of prescription or | ||||||
| 3 | nonprescription drugs used in connection
with a | ||||||
| 4 | medical condition.
| ||||||
| 5 | (5) Sample collection, storage, and transportation to | ||||||
| 6 | the place of
testing shall be performed so as to | ||||||
| 7 | reasonably preclude the probability of
sample | ||||||
| 8 | contamination or adulteration.
| ||||||
| 9 | (6) Sample testing shall conform to scientifically | ||||||
| 10 | accepted analytical
methods and procedures. Testing shall | ||||||
| 11 | include verification or confirmation
of any positive test | ||||||
| 12 | result by a reliable analytical method before the
result | ||||||
| 13 | of any test may be used as a basis for any action by the | ||||||
| 14 | court.
| ||||||
| 15 | (e) The initial sample shall be collected before the | ||||||
| 16 | defendant's release
on bail. Thereafter, the defendant shall | ||||||
| 17 | report to the pretrial services
agency or probation department | ||||||
| 18 | as required
by the agency or department. The pretrial
services | ||||||
| 19 | agency or probation department shall
immediately notify the | ||||||
| 20 | court of
any defendant who fails to report for testing.
| ||||||
| 21 | (f) After the initial test, a subsequent confirmed | ||||||
| 22 | positive test result
indicative of continued drug use shall | ||||||
| 23 | result in the following:
| ||||||
| 24 | (1) Upon the first confirmed positive test result, the | ||||||
| 25 | pretrial services
agency or probation department, shall | ||||||
| 26 | place the defendant on a more
frequent testing schedule | ||||||
| |||||||
| |||||||
| 1 | and shall warn the defendant of the consequences
of | ||||||
| 2 | continued drug use.
| ||||||
| 3 | (2) A second confirmed positive test result shall be | ||||||
| 4 | grounds for a
hearing before the judge who authorized the | ||||||
| 5 | release of the defendant in
accordance with the provisions | ||||||
| 6 | of subsection (g) of this Section.
| ||||||
| 7 | (g) The court shall, upon motion of the State or upon its | ||||||
| 8 | own motion,
conduct a hearing in connection with any defendant | ||||||
| 9 | who fails to appear for
testing, fails to cooperate with the | ||||||
| 10 | persons conducting the testing
program, attempts to submit a | ||||||
| 11 | sample not his or her own or has had a
confirmed positive test | ||||||
| 12 | result indicative of continued drug use for the second
or | ||||||
| 13 | subsequent time after the
initial test. The hearing shall be | ||||||
| 14 | conducted in accordance with the
procedures of Section 110-6.
| ||||||
| 15 | Upon a finding by the court that the State has established | ||||||
| 16 | by clear and
convincing evidence that the defendant has | ||||||
| 17 | violated the drug testing
conditions of bail, the court may | ||||||
| 18 | consider any of the following sanctions:
| ||||||
| 19 | (1) increase the amount of the defendant's bail or | ||||||
| 20 | conditions of release;
| ||||||
| 21 | (2) impose a jail sentence of up to 5 days;
| ||||||
| 22 | (3) revoke the defendant's bail; or
| ||||||
| 23 | (4) enter such other orders which are within the power | ||||||
| 24 | of the court as
deemed appropriate.
| ||||||
| 25 | (h) The results of any drug testing conducted under this | ||||||
| 26 | Section
shall not be admissible on the issue of the | ||||||
| |||||||
| |||||||
| 1 | defendant's guilt in connection
with any criminal charge.
| ||||||
| 2 | (i) The court may require that the defendant pay for the | ||||||
| 3 | cost of drug
testing.
| ||||||
| 4 | (Source: P.A. 88-677, eff. 12-15-94; 101-652, eff. 7-1-21.)
| ||||||
| 5 | (725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
| ||||||
| 6 | Sec. 110-7. Deposit of bail security.
| ||||||
| 7 | (a) The person for whom bail has been set shall execute the | ||||||
| 8 | bail bond and
deposit with the clerk of the court before which | ||||||
| 9 | the proceeding is pending a
sum of money equal to 10% of the | ||||||
| 10 | bail, but in no event shall such deposit be
less than $25. The | ||||||
| 11 | clerk of the court shall provide a space on each form for a
| ||||||
| 12 | person other than the accused who has provided the money for | ||||||
| 13 | the posting of
bail to so indicate and a space signed by an
| ||||||
| 14 | accused who has executed the bail bond indicating whether a | ||||||
| 15 | person other
than the accused has provided the money for the | ||||||
| 16 | posting of bail. The form
shall also include a written notice | ||||||
| 17 | to such person who has provided
the defendant with the money | ||||||
| 18 | for the posting of bail indicating that the bail
may be used to | ||||||
| 19 | pay costs, attorney's fees, fines, or other purposes | ||||||
| 20 | authorized
by the court and if the
defendant fails to comply | ||||||
| 21 | with the conditions of the bail bond, the court
shall enter an | ||||||
| 22 | order declaring the bail to be forfeited. The written notice
| ||||||
| 23 | must be: (1) distinguishable from the surrounding text; (2) in | ||||||
| 24 | bold type or
underscored; and (3) in a type size at least 2 | ||||||
| 25 | points larger than the
surrounding type. When a person for | ||||||
| |||||||
| |||||||
| 1 | whom
bail has been set is charged with an offense under the | ||||||
| 2 | Illinois Controlled
Substances Act or the Methamphetamine | ||||||
| 3 | Control and Community Protection Act which is a Class X | ||||||
| 4 | felony, or making a terrorist threat in violation of
Section | ||||||
| 5 | 29D-20 of the Criminal Code of 1961 or the Criminal Code of | ||||||
| 6 | 2012 or an attempt to commit the offense of making a terrorist | ||||||
| 7 | threat, the court may require the
defendant to deposit a sum | ||||||
| 8 | equal to 100% of the bail.
Where any person is charged with a | ||||||
| 9 | forcible felony while free on bail and
is the subject of | ||||||
| 10 | proceedings under Section 109-3 of this Code the judge
| ||||||
| 11 | conducting the preliminary examination may also conduct a | ||||||
| 12 | hearing upon the
application of the State pursuant to the | ||||||
| 13 | provisions of Section 110-6 of this
Code to increase or revoke | ||||||
| 14 | the bail for that person's prior alleged offense.
| ||||||
| 15 | (b) Upon depositing this sum and any bond fee authorized | ||||||
| 16 | by law, the person
shall be released
from custody subject to | ||||||
| 17 | the conditions of the bail bond.
| ||||||
| 18 | (c) Once bail has been given and a charge is pending or
is | ||||||
| 19 | thereafter filed in or transferred to a court of competent
| ||||||
| 20 | jurisdiction the latter court shall continue the original bail
| ||||||
| 21 | in that court subject to the provisions of Section 110-6 of | ||||||
| 22 | this Code.
| ||||||
| 23 | (d) After conviction the court may order that the original
| ||||||
| 24 | bail stand as bail pending appeal or deny, increase or reduce | ||||||
| 25 | bail
subject to the provisions of Section 110-6.2.
| ||||||
| 26 | (e) After the entry of an order by the trial court allowing
| ||||||
| |||||||
| |||||||
| 1 | or denying bail pending appeal either party may apply to the
| ||||||
| 2 | reviewing court having jurisdiction or to a justice thereof
| ||||||
| 3 | sitting in vacation for an order increasing or decreasing the
| ||||||
| 4 | amount of bail or allowing or denying bail pending appeal | ||||||
| 5 | subject to the
provisions of Section 110-6.2.
| ||||||
| 6 | (f) When the conditions of the bail bond have been | ||||||
| 7 | performed
and the accused has been discharged from all | ||||||
| 8 | obligations in the
cause the clerk of the court shall return to | ||||||
| 9 | the accused or to the
defendant's designee by an assignment | ||||||
| 10 | executed at the time the bail amount
is deposited, unless
the | ||||||
| 11 | court orders otherwise, 90% of the sum which had been
| ||||||
| 12 | deposited and shall retain as bail bond costs 10% of the amount
| ||||||
| 13 | deposited. However, in no event shall the amount retained by | ||||||
| 14 | the
clerk as bail bond costs be less than $5. Notwithstanding | ||||||
| 15 | the foregoing, in counties with a population of 3,000,000 or | ||||||
| 16 | more, in no event shall the amount retained by the clerk as | ||||||
| 17 | bail bond costs exceed $100. Bail bond deposited by or on
| ||||||
| 18 | behalf of a defendant in one case may be used, in the court's | ||||||
| 19 | discretion,
to satisfy financial obligations of that same | ||||||
| 20 | defendant incurred in a
different case due to a fine, court | ||||||
| 21 | costs,
restitution or fees of the defendant's attorney of | ||||||
| 22 | record. In counties with
a population of 3,000,000 or more, | ||||||
| 23 | the court shall
not order bail bond deposited by or on behalf | ||||||
| 24 | of a defendant in one case to
be used to satisfy financial | ||||||
| 25 | obligations of that same defendant in a
different case until | ||||||
| 26 | the bail bond is first used to satisfy court costs and
| ||||||
| |||||||
| |||||||
| 1 | attorney's fees in
the case in which the bail bond has been | ||||||
| 2 | deposited and any other unpaid child
support obligations are | ||||||
| 3 | satisfied. In counties with a population of less than | ||||||
| 4 | 3,000,000, the court shall
not order bail bond deposited by or | ||||||
| 5 | on behalf of a defendant in one case to
be used to satisfy | ||||||
| 6 | financial obligations of that same defendant in a
different | ||||||
| 7 | case until the bail bond is first used to satisfy court costs
| ||||||
| 8 | in
the case in which the bail bond has been deposited.
| ||||||
| 9 | At the request of the defendant the court may order such | ||||||
| 10 | 90% of
defendant's bail deposit, or whatever amount is | ||||||
| 11 | repayable to defendant
from such deposit, to be paid to | ||||||
| 12 | defendant's attorney of record.
| ||||||
| 13 | (g) If the accused does not comply with the conditions of
| ||||||
| 14 | the bail bond the court having jurisdiction shall enter an
| ||||||
| 15 | order declaring the bail to be forfeited. Notice of such order
| ||||||
| 16 | of forfeiture shall be mailed forthwith to the accused at his
| ||||||
| 17 | last known address. If the accused does not appear and | ||||||
| 18 | surrender
to the court having jurisdiction within 30 days from | ||||||
| 19 | the date of
the forfeiture or within such period satisfy the | ||||||
| 20 | court
that appearance and surrender by the accused is | ||||||
| 21 | impossible
and without his fault the court shall enter | ||||||
| 22 | judgment for the State if the
charge for which the bond was | ||||||
| 23 | given was a felony
or misdemeanor, or if the charge was | ||||||
| 24 | quasi-criminal or traffic,
judgment for the political | ||||||
| 25 | subdivision of the State which
prosecuted the case, against | ||||||
| 26 | the accused for the amount of
the bail and costs of the court | ||||||
| |||||||
| |||||||
| 1 | proceedings; however,
in counties with a population of less | ||||||
| 2 | than 3,000,000, instead of the court
entering a judgment for | ||||||
| 3 | the full amount
of the bond the court may, in its discretion, | ||||||
| 4 | enter judgment for the cash
deposit on the bond, less costs, | ||||||
| 5 | retain the deposit for further disposition or,
if a cash bond | ||||||
| 6 | was posted for failure to appear in a matter involving
| ||||||
| 7 | enforcement of child support or maintenance, the amount of the | ||||||
| 8 | cash deposit on
the bond, less outstanding costs, may be | ||||||
| 9 | awarded to the person or entity to
whom the child support or | ||||||
| 10 | maintenance is due. The deposit
made in accordance with | ||||||
| 11 | paragraph (a) shall be applied to
the payment of costs. If | ||||||
| 12 | judgment is entered and any amount of such
deposit remains
| ||||||
| 13 | after the payment of costs it shall be applied to payment of
| ||||||
| 14 | the judgment and transferred to the treasury of the municipal
| ||||||
| 15 | corporation wherein the bond was taken if the offense was a
| ||||||
| 16 | violation of any penal ordinance of a political subdivision
of | ||||||
| 17 | this State, or to the treasury of the county wherein the
bond | ||||||
| 18 | was taken if the offense was a violation of any penal
statute | ||||||
| 19 | of this State. The balance of the judgment may be
enforced and | ||||||
| 20 | collected in the same manner as a judgment entered
in a civil | ||||||
| 21 | action.
| ||||||
| 22 | (h) After a judgment for a fine and court costs or either | ||||||
| 23 | is
entered in the prosecution of a cause in which a deposit had
| ||||||
| 24 | been made in accordance with paragraph (a) the balance of such
| ||||||
| 25 | deposit, after deduction of bail bond costs, shall be applied
| ||||||
| 26 | to the payment of the judgment.
| ||||||
| |||||||
| |||||||
| 1 | (i) When a court appearance is required for an alleged | ||||||
| 2 | violation of the Criminal Code of 1961, the Criminal Code of | ||||||
| 3 | 2012, the Illinois Vehicle Code, the Wildlife Code, the Fish | ||||||
| 4 | and Aquatic Life Code, the Child Passenger Protection Act, or | ||||||
| 5 | a comparable offense of a unit of local government as | ||||||
| 6 | specified in Supreme Court Rule 551, and if the accused does | ||||||
| 7 | not appear in court on the date set for appearance or any date | ||||||
| 8 | to which the case may be continued and the court issues an | ||||||
| 9 | arrest warrant for the accused, based upon his or her failure | ||||||
| 10 | to appear when having so previously been ordered to appear by | ||||||
| 11 | the court, the accused upon his or her admission to bail shall | ||||||
| 12 | be assessed by the court a fee of $75. Payment of the fee shall | ||||||
| 13 | be a condition of release unless otherwise ordered by the | ||||||
| 14 | court. The fee shall be in addition to any bail that the | ||||||
| 15 | accused is required to deposit for the offense for which the | ||||||
| 16 | accused has been charged and may not be used for the payment of | ||||||
| 17 | court costs or fines assessed for the offense. The clerk of the | ||||||
| 18 | court shall remit $70 of the fee assessed to the arresting | ||||||
| 19 | agency who brings the offender in on the arrest warrant. If the | ||||||
| 20 | Department of State Police is the arresting agency, $70 of the | ||||||
| 21 | fee assessed shall be remitted by the clerk of the court to the | ||||||
| 22 | State Treasurer within one month after receipt for deposit | ||||||
| 23 | into the State Police Operations Assistance Fund. The clerk of | ||||||
| 24 | the court shall remit $5 of the fee assessed to the Circuit | ||||||
| 25 | Court Clerk Operation and Administrative Fund as provided in | ||||||
| 26 | Section 27.3d of the Clerks of Courts Act.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 99-412, eff. 1-1-16; 101-652, eff. 7-1-21.)
| ||||||
| 2 | (725 ILCS 5/110-8) (from Ch. 38, par. 110-8)
| ||||||
| 3 | Sec. 110-8. Cash, stocks, bonds and real estate as | ||||||
| 4 | security for bail.
| ||||||
| 5 | (a) In lieu of the bail deposit provided for in Section | ||||||
| 6 | 110-7 of this
Code any person for whom bail has been set may | ||||||
| 7 | execute the bail bond with
or without sureties which bond may | ||||||
| 8 | be secured:
| ||||||
| 9 | (1) By a deposit, with the clerk of the court, of an amount | ||||||
| 10 | equal to the
required bail, of cash, or stocks and bonds in | ||||||
| 11 | which trustees are
authorized to invest trust funds under the | ||||||
| 12 | laws of this State; or
| ||||||
| 13 | (2) By real estate situated in this State with | ||||||
| 14 | unencumbered equity not
exempt owned by the accused or | ||||||
| 15 | sureties worth double the amount of bail set
in the bond.
| ||||||
| 16 | (b) If the bail bond is secured by stocks and bonds the | ||||||
| 17 | accused or
sureties shall file with the bond a sworn schedule | ||||||
| 18 | which shall be approved
by the court and shall contain:
| ||||||
| 19 | (1) A list of the stocks and bonds deposited | ||||||
| 20 | describing each in
sufficient detail that it may be | ||||||
| 21 | identified;
| ||||||
| 22 | (2) The market value of each stock and bond;
| ||||||
| 23 | (3) The total market value of the stocks and bonds | ||||||
| 24 | listed;
| ||||||
| 25 | (4) A statement that the affiant is the sole owner of | ||||||
| |||||||
| |||||||
| 1 | the stocks and
bonds listed and they are not exempt from | ||||||
| 2 | the enforcement of a judgment
thereon;
| ||||||
| 3 | (5) A statement that such stocks and bonds have not | ||||||
| 4 | previously been used
or accepted as bail in this State | ||||||
| 5 | during the 12 months preceding the date
of the bail bond; | ||||||
| 6 | and
| ||||||
| 7 | (6) A statement that such stocks and bonds are | ||||||
| 8 | security for the
appearance of the accused in accordance | ||||||
| 9 | with the conditions of the bail
bond.
| ||||||
| 10 | (c) If the bail bond is secured by real estate the accused | ||||||
| 11 | or sureties
shall file with the bond a sworn schedule which | ||||||
| 12 | shall contain:
| ||||||
| 13 | (1) A legal description of the real estate;
| ||||||
| 14 | (2) A description of any and all encumbrances on the | ||||||
| 15 | real estate
including the amount of each and the holder | ||||||
| 16 | thereof;
| ||||||
| 17 | (3) The market value of the unencumbered equity owned | ||||||
| 18 | by the affiant;
| ||||||
| 19 | (4) A statement that the affiant is the sole owner of | ||||||
| 20 | such unencumbered
equity and that it is not exempt from | ||||||
| 21 | the enforcement of a judgment
thereon;
| ||||||
| 22 | (5) A statement that the real estate has not | ||||||
| 23 | previously been used or
accepted as bail in this State | ||||||
| 24 | during the 12 months preceding the date of
the bail bond; | ||||||
| 25 | and
| ||||||
| 26 | (6) A statement that the real estate is security for | ||||||
| |||||||
| |||||||
| 1 | the appearance of
the accused in accordance with the | ||||||
| 2 | conditions of the bail bond.
| ||||||
| 3 | (d) The sworn schedule shall constitute a material part of | ||||||
| 4 | the bail
bond. The affiant commits perjury if in the sworn | ||||||
| 5 | schedule he makes a false
statement which he does not believe | ||||||
| 6 | to be true. He shall be prosecuted and
punished accordingly, | ||||||
| 7 | or, he may be punished for contempt.
| ||||||
| 8 | (e) A certified copy of the bail bond and schedule of real | ||||||
| 9 | estate shall
be filed immediately in the office of the | ||||||
| 10 | registrar of titles or recorder
of the county in which the real | ||||||
| 11 | estate is situated and the State
shall have a lien on such real | ||||||
| 12 | estate from the time such copies are filed
in the office of the | ||||||
| 13 | registrar of titles or recorder. The
registrar of titles or | ||||||
| 14 | recorder shall enter, index and record (or
register as the | ||||||
| 15 | case may be) such bail bonds and schedules without
requiring | ||||||
| 16 | any advance fee, which fee shall be taxed as costs in the
| ||||||
| 17 | proceeding and paid out of such costs when collected.
| ||||||
| 18 | (f) When the conditions of the bail bond have been | ||||||
| 19 | performed and the
accused has been discharged from his | ||||||
| 20 | obligations in the cause, the clerk of
the court shall return | ||||||
| 21 | to him or his sureties the deposit of any cash,
stocks or | ||||||
| 22 | bonds. If the bail bond has been secured by real estate the | ||||||
| 23 | clerk
of the court shall forthwith notify in writing the | ||||||
| 24 | registrar of titles or
recorder and the lien of the bail bond | ||||||
| 25 | on the real estate shall be
discharged.
| ||||||
| 26 | (g) If the accused does not comply with the conditions of | ||||||
| |||||||
| |||||||
| 1 | the bail bond
the court having jurisdiction shall enter an | ||||||
| 2 | order declaring the bail to be
forfeited. Notice of such order | ||||||
| 3 | of forfeiture shall be mailed forthwith by
the clerk of the | ||||||
| 4 | court to the accused and his sureties at their last known
| ||||||
| 5 | address. If the accused does not appear and surrender to the | ||||||
| 6 | court having
jurisdiction within 30 days from the date of the | ||||||
| 7 | forfeiture or within such
period satisfy the court that | ||||||
| 8 | appearance and surrender by the accused is
impossible and | ||||||
| 9 | without his fault
the court shall enter judgment for the
State | ||||||
| 10 | against the accused and his sureties for the amount of the bail | ||||||
| 11 | and
costs of the proceedings; however,
in counties with a | ||||||
| 12 | population of less than
3,000,000, if the defendant has
posted | ||||||
| 13 | a
cash bond, instead of the court entering a judgment for the | ||||||
| 14 | full amount of the
bond the court may, in its discretion, enter | ||||||
| 15 | judgment for the cash deposit on
the bond, less costs, retain | ||||||
| 16 | the deposit for further disposition or, if a cash
bond was | ||||||
| 17 | posted for failure to appear in a matter involving enforcement | ||||||
| 18 | of
child support or maintenance, the amount of the cash | ||||||
| 19 | deposit on the bond, less
outstanding costs, may be awarded to | ||||||
| 20 | the person or entity to whom the child
support or maintenance | ||||||
| 21 | is due.
| ||||||
| 22 | (h) When judgment is entered in favor of the State on any | ||||||
| 23 | bail bond
given for a felony or misdemeanor, or judgement for a | ||||||
| 24 | political subdivision
of the state on any bail bond given for a | ||||||
| 25 | quasi-criminal or traffic
offense, the State's Attorney or | ||||||
| 26 | political subdivision's attorney shall
forthwith obtain a | ||||||
| |||||||
| |||||||
| 1 | certified copy of the
judgment and deliver same to the
sheriff | ||||||
| 2 | to be enforced by levy on the stocks or
bonds deposited with
| ||||||
| 3 | the clerk of the court and the real estate described in the | ||||||
| 4 | bail bond
schedule. Any cash forfeited under subsection (g) of | ||||||
| 5 | this
Section shall be used to satisfy the judgment and costs | ||||||
| 6 | and, without
necessity of levy, ordered paid
into the treasury | ||||||
| 7 | of the municipal corporation wherein the bail bond was
taken | ||||||
| 8 | if the offense was a violation of any penal ordinance of a | ||||||
| 9 | political
subdivision of this State, or into the treasury of | ||||||
| 10 | the county wherein the
bail bond was taken if the offense was a | ||||||
| 11 | violation of any penal statute of
this State, or to the person | ||||||
| 12 | or entity to whom child support or maintenance
is owed if the | ||||||
| 13 | bond was taken for failure to appear in a matter involving | ||||||
| 14 | child
support or maintenance. The stocks, bonds and real | ||||||
| 15 | estate shall be sold in
the same
manner as in sales for the | ||||||
| 16 | enforcement of a judgment in
civil actions and the proceeds of | ||||||
| 17 | such sale
shall be used to satisfy all court costs, prior | ||||||
| 18 | encumbrances, if any, and
from the balance a sufficient amount | ||||||
| 19 | to satisfy the judgment shall be paid
into the treasury of the | ||||||
| 20 | municipal corporation wherein the bail bond was
taken if the | ||||||
| 21 | offense was a violation of any penal ordinance of a political
| ||||||
| 22 | subdivision of this State, or into the treasury of the county | ||||||
| 23 | wherein the
bail bond was taken if the offense was a violation | ||||||
| 24 | of any penal statute of
this State. The balance shall be | ||||||
| 25 | returned to the owner. The real estate so
sold may be redeemed | ||||||
| 26 | in the same manner as real estate may be redeemed
after | ||||||
| |||||||
| |||||||
| 1 | judicial sales or sales for the enforcement of
judgments in | ||||||
| 2 | civil actions.
| ||||||
| 3 | (i) No stocks, bonds or real estate may be used or accepted | ||||||
| 4 | as bail bond
security in this State more than once in any 12 | ||||||
| 5 | month period.
| ||||||
| 6 | (Source: P.A. 89-469, eff. 1-1-97; 101-652, eff. 7-1-21.)
| ||||||
| 7 | (725 ILCS 5/110-9) (from Ch. 38, par. 110-9)
| ||||||
| 8 | Sec. 110-9. Taking of bail by peace officer. When bail has | ||||||
| 9 | been set by a judicial officer for a particular offense or
| ||||||
| 10 | offender any sheriff or other peace officer may take bail in | ||||||
| 11 | accordance
with the provisions of Section 110-7 or 110-8 of | ||||||
| 12 | this Code and release
the offender to appear in accordance | ||||||
| 13 | with the conditions of the bail bond,
the Notice to Appear or | ||||||
| 14 | the Summons. The officer shall give a receipt to
the offender | ||||||
| 15 | for the bail so taken and within a reasonable time deposit
such | ||||||
| 16 | bail with the clerk of the court having jurisdiction of the | ||||||
| 17 | offense. A sheriff or other peace officer taking bail in | ||||||
| 18 | accordance with the provisions of Section 110-7 or 110-8 of | ||||||
| 19 | this Code shall accept payments made in the form of currency, | ||||||
| 20 | and may accept other forms of payment as the sheriff shall by | ||||||
| 21 | rule authorize. For purposes of this Section, "currency" has | ||||||
| 22 | the meaning provided in subsection (a) of Section 3 of the | ||||||
| 23 | Currency Reporting Act.
| ||||||
| 24 | (Source: P.A. 99-618, eff. 1-1-17; 101-652, eff. 7-1-21.)
| ||||||
| |||||||
| |||||||
| 1 | (725 ILCS 5/110-13) (from Ch. 38, par. 110-13)
| ||||||
| 2 | Sec. 110-13. Persons prohibited from furnishing bail | ||||||
| 3 | security. No attorney at law practicing in this State and no | ||||||
| 4 | official authorized
to admit another to bail or to accept bail | ||||||
| 5 | shall furnish any part of any
security for bail in any criminal | ||||||
| 6 | action or any proceeding nor shall any
such person act as | ||||||
| 7 | surety for any accused admitted to bail.
| ||||||
| 8 | (Source: Laws 1963, p. 2836; 101-652, eff. 7-1-21.)
| ||||||
| 9 | (725 ILCS 5/110-14) (from Ch. 38, par. 110-14)
| ||||||
| 10 | Sec. 110-14. Credit for incarceration on bailable offense; | ||||||
| 11 | credit against monetary bail for certain offenses. | ||||||
| 12 | (a) Any person incarcerated on a bailable offense who does | ||||||
| 13 | not supply
bail and against whom a fine is levied on conviction | ||||||
| 14 | of the offense
shall be allowed a credit of $30 for each day so | ||||||
| 15 | incarcerated upon application
of the defendant. However,
in no | ||||||
| 16 | case shall the amount so allowed or
credited exceed the amount | ||||||
| 17 | of the fine. | ||||||
| 18 | (b) Subsection (a) does not apply to a person incarcerated | ||||||
| 19 | for sexual assault as defined in paragraph (1) of subsection | ||||||
| 20 | (a) of Section 5-9-1.7 of the Unified Code of Corrections.
| ||||||
| 21 | (c) A person subject to bail on a Category B offense shall | ||||||
| 22 | have $30 deducted from his or her 10% cash bond amount every | ||||||
| 23 | day the person is incarcerated. The sheriff shall calculate | ||||||
| 24 | and apply this $30 per day reduction and send notice to the | ||||||
| 25 | circuit clerk if a defendant's 10% cash bond amount is reduced | ||||||
| |||||||
| |||||||
| 1 | to $0, at which point the defendant shall be released upon his | ||||||
| 2 | or her own recognizance.
| ||||||
| 3 | (d) The court may deny the incarceration credit in | ||||||
| 4 | subsection (c) of this Section if the person has failed to | ||||||
| 5 | appear as required before the court and is incarcerated based | ||||||
| 6 | on a warrant for failure to appear on the same original | ||||||
| 7 | criminal offense. | ||||||
| 8 | (Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19; | ||||||
| 9 | 101-408, eff. 1-1-20; 101-652, eff. 7-1-21.)
| ||||||
| 10 | (725 ILCS 5/110-15) (from Ch. 38, par. 110-15)
| ||||||
| 11 | Sec. 110-15. Applicability of provisions for giving and | ||||||
| 12 | taking bail. The provisions of Sections 110-7 and 110-8 of | ||||||
| 13 | this Code are exclusive of
other provisions of law for the | ||||||
| 14 | giving, taking, or enforcement of bail. In
all cases where a | ||||||
| 15 | person is admitted to bail the provisions of Sections
110-7 | ||||||
| 16 | and 110-8 of this Code shall be applicable.
| ||||||
| 17 | However, the Supreme Court may, by rule or order, | ||||||
| 18 | prescribe a uniform
schedule of amounts of bail in all but | ||||||
| 19 | felony offenses. The uniform schedule shall not require a | ||||||
| 20 | person cited for violating the Illinois Vehicle Code or a | ||||||
| 21 | similar provision of a local ordinance for which a violation | ||||||
| 22 | is a petty offense as defined by Section 5-1-17 of the Unified | ||||||
| 23 | Code of Corrections, excluding business offenses as defined by | ||||||
| 24 | Section 5-1-2 of the Unified Code of Corrections or a | ||||||
| 25 | violation of Section 15-111 or subsection (d) of Section 3-401 | ||||||
| |||||||
| |||||||
| 1 | of the Illinois Vehicle Code, to post bond to secure bail for | ||||||
| 2 | his or her release. Such uniform schedule may
provide that the | ||||||
| 3 | cash deposit provisions of Section 110-7 shall not apply
to | ||||||
| 4 | bail amounts established for alleged violations punishable by | ||||||
| 5 | fine
alone, and the schedule may further provide that in | ||||||
| 6 | specified traffic cases
a valid Illinois chauffeur's or | ||||||
| 7 | operator's license must be deposited, in
addition to 10% of | ||||||
| 8 | the amount of the bail specified in the schedule.
| ||||||
| 9 | (Source: P.A. 98-870, eff. 1-1-15; 98-1134, eff. 1-1-15; | ||||||
| 10 | 101-652, eff. 7-1-21.)
| ||||||
| 11 | (725 ILCS 5/110-16) (from Ch. 38, par. 110-16)
| ||||||
| 12 | Sec. 110-16. Bail bond-forfeiture in same case or absents | ||||||
| 13 | self during trial-not
bailable. If a person admitted to bail | ||||||
| 14 | on a felony charge forfeits his bond and
fails to appear in | ||||||
| 15 | court during the 30 days immediately after such
forfeiture, on | ||||||
| 16 | being taken into custody thereafter he shall not be bailable
| ||||||
| 17 | in the case in question, unless the court finds that his | ||||||
| 18 | absence was not
for the purpose of obstructing justice or | ||||||
| 19 | avoiding prosecution.
| ||||||
| 20 | (Source: P.A. 77-1447; 101-652, eff. 7-1-21.)
| ||||||
| 21 | (725 ILCS 5/110-17) (from Ch. 38, par. 110-17)
| ||||||
| 22 | Sec. 110-17. Unclaimed bail deposits. Any sum
of money | ||||||
| 23 | deposited by any person to secure his or her release from | ||||||
| 24 | custody which
remains unclaimed by the person entitled to its | ||||||
| |||||||
| |||||||
| 1 | return for 3
years after the conditions of the bail bond have | ||||||
| 2 | been performed
and the accused has been discharged from all | ||||||
| 3 | obligations in the
cause shall be presumed to be abandoned and | ||||||
| 4 | subject to disposition under the Revised Uniform Unclaimed | ||||||
| 5 | Property Act.
| ||||||
| 6 | (Source: P.A. 100-22, eff. 1-1-18; 100-929, eff. 1-1-19; | ||||||
| 7 | 101-81, eff. 7-12-19; 101-652, eff. 7-1-21.)
| ||||||
| 8 | (725 ILCS 5/110-18) (from Ch. 38, par. 110-18)
| ||||||
| 9 | Sec. 110-18. Reimbursement. The sheriff of each county | ||||||
| 10 | shall certify
to the treasurer of each county the number of | ||||||
| 11 | days that persons had been
detained in the custody of the | ||||||
| 12 | sheriff without a bond being set as a result
of an order | ||||||
| 13 | entered pursuant to Section 110-6.1 of this Code. The county | ||||||
| 14 | treasurer shall,
no later than January 1, annually certify to | ||||||
| 15 | the Supreme Court the number
of days that persons had been | ||||||
| 16 | detained without bond during the twelve-month
period ending | ||||||
| 17 | November 30. The Supreme Court shall reimburse, from funds
| ||||||
| 18 | appropriated to it by the General Assembly for such purposes, | ||||||
| 19 | the treasurer
of each county an amount of money for deposit in | ||||||
| 20 | the county general revenue
fund at a rate of $50 per day for | ||||||
| 21 | each day that persons were detained in
custody without bail as | ||||||
| 22 | a result of an order entered pursuant to Section
110-6.1 of | ||||||
| 23 | this Code.
| ||||||
| 24 | (Source: P.A. 85-892; 101-652, eff. 7-1-21.)
| ||||||
| |||||||
| |||||||
| 1 | Section 240. The Rights of Crime Victims and Witnesses Act | ||||||
| 2 | is amended by changing Sections 4 and 4.5 as follows:
| ||||||
| 3 | (725 ILCS 120/4) (from Ch. 38, par. 1404)
| ||||||
| 4 | Sec. 4. Rights of crime victims.
| ||||||
| 5 | (a) Crime victims shall have the following rights:
| ||||||
| 6 | (1) The right to be treated with fairness and respect | ||||||
| 7 | for their dignity
and privacy and to be free from | ||||||
| 8 | harassment, intimidation, and abuse throughout the | ||||||
| 9 | criminal justice process.
| ||||||
| 10 | (1.5) The right to notice and to a hearing before a | ||||||
| 11 | court ruling on a request for access to any of the victim's | ||||||
| 12 | records, information, or communications which are | ||||||
| 13 | privileged or confidential by law. | ||||||
| 14 | (2) The right to timely notification of all court | ||||||
| 15 | proceedings.
| ||||||
| 16 | (3) The right to communicate with the prosecution.
| ||||||
| 17 | (4) The right to be heard at any post-arraignment | ||||||
| 18 | court proceeding in which a right of the victim is at issue | ||||||
| 19 | and any court proceeding involving a post-arraignment | ||||||
| 20 | release decision, plea, or sentencing.
| ||||||
| 21 | (5) The right to be notified of the conviction, the | ||||||
| 22 | sentence, the imprisonment
and the release of the accused.
| ||||||
| 23 | (6) The right to the timely disposition of the case | ||||||
| 24 | following the arrest
of the accused.
| ||||||
| 25 | (7) The right to be reasonably protected from the | ||||||
| |||||||
| |||||||
| 1 | accused through the
criminal justice process.
| ||||||
| 2 | (7.5) The right to have the safety of the victim and | ||||||
| 3 | the victim's family considered in denying or fixing the | ||||||
| 4 | amount of bail, determining whether to release the | ||||||
| 5 | defendant, and setting conditions of release after arrest | ||||||
| 6 | and conviction. | ||||||
| 7 | (8) The right to be present at the trial and all other | ||||||
| 8 | court proceedings
on the same basis as the accused, unless | ||||||
| 9 | the victim is to testify and the court
determines that the | ||||||
| 10 | victim's testimony would be materially affected if the
| ||||||
| 11 | victim hears other testimony at the trial.
| ||||||
| 12 | (9) The right to have present at all court | ||||||
| 13 | proceedings, including proceedings under the Juvenile | ||||||
| 14 | Court Act of 1987, subject to the
rules of evidence, an | ||||||
| 15 | advocate and other support person of the victim's choice.
| ||||||
| 16 | (10) The right to restitution.
| ||||||
| 17 | (b) Any law enforcement agency that investigates an | ||||||
| 18 | offense committed in this State shall provide a crime victim | ||||||
| 19 | with a written statement and explanation of the rights of | ||||||
| 20 | crime victims under this amendatory Act of the 99th General | ||||||
| 21 | Assembly within 48 hours of law enforcement's initial contact | ||||||
| 22 | with a victim. The statement shall include information about | ||||||
| 23 | crime victim compensation, including how to contact the Office | ||||||
| 24 | of the Illinois Attorney General to file a claim, and | ||||||
| 25 | appropriate referrals to local and State programs that provide | ||||||
| 26 | victim services. The content of the statement shall be | ||||||
| |||||||
| |||||||
| 1 | provided to law enforcement by the Attorney General. Law | ||||||
| 2 | enforcement shall also provide a crime victim with a sign-off | ||||||
| 3 | sheet that the victim shall sign and date as an | ||||||
| 4 | acknowledgement that he or she has been furnished with | ||||||
| 5 | information and an explanation of the rights of crime victims | ||||||
| 6 | and compensation set forth in this Act. | ||||||
| 7 | (b-5) Upon the request of the victim, the law enforcement | ||||||
| 8 | agency having jurisdiction shall provide a free copy of the | ||||||
| 9 | police report concerning the victim's incident, as soon as | ||||||
| 10 | practicable, but in no event later than 5 business days from | ||||||
| 11 | the request. | ||||||
| 12 | (c) The Clerk of the Circuit Court shall post the rights of | ||||||
| 13 | crime victims set forth in Article I, Section 8.1(a) of the | ||||||
| 14 | Illinois Constitution and subsection (a) of this Section | ||||||
| 15 | within 3 feet of the door to any courtroom where criminal | ||||||
| 16 | proceedings are conducted. The clerk may also post the rights | ||||||
| 17 | in other locations in the courthouse. | ||||||
| 18 | (d) At any point, the victim has the right to retain a | ||||||
| 19 | victim's attorney who may be present during all stages of any | ||||||
| 20 | interview, investigation, or other interaction with | ||||||
| 21 | representatives of the criminal justice system. Treatment of | ||||||
| 22 | the victim should not be affected or altered in any way as a | ||||||
| 23 | result of the victim's decision to exercise this right.
| ||||||
| 24 | (Source: P.A. 99-413, eff. 8-20-15; 100-1087, eff. 1-1-19; | ||||||
| 25 | 101-652.)
| ||||||
| |||||||
| |||||||
| 1 | (725 ILCS 120/4.5)
| ||||||
| 2 | (Text of Section before amendment by P.A. 101-652) | ||||||
| 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, | ||||||
| 26 | time, and place of court proceedings; and of any | ||||||
| |||||||
| |||||||
| 1 | cancellation of court proceedings. Notice shall be | ||||||
| 2 | provided in sufficient time, wherever possible, for the | ||||||
| 3 | victim to
make arrangements to attend or to prevent an | ||||||
| 4 | unnecessary appearance at court proceedings;
| ||||||
| 5 | (3) or victim advocate personnel shall provide | ||||||
| 6 | information of social
services and financial assistance | ||||||
| 7 | available for victims of crime, including
information of | ||||||
| 8 | how to apply for these services and assistance;
| ||||||
| 9 | (3.5) or victim advocate personnel shall provide | ||||||
| 10 | information about available victim services, including | ||||||
| 11 | referrals to programs, counselors, and agencies that | ||||||
| 12 | assist a victim to deal with trauma, loss, and grief; | ||||||
| 13 | (4) shall assist in having any stolen or other | ||||||
| 14 | personal property held by
law enforcement authorities for | ||||||
| 15 | evidentiary or other purposes returned as
expeditiously as | ||||||
| 16 | possible, pursuant to the procedures set out in Section | ||||||
| 17 | 115-9
of the Code of Criminal Procedure of 1963;
| ||||||
| 18 | (5) or victim advocate personnel shall provide | ||||||
| 19 | appropriate employer
intercession services to ensure that | ||||||
| 20 | employers of victims will cooperate with
the criminal | ||||||
| 21 | justice system in order to minimize an employee's loss of | ||||||
| 22 | pay and
other benefits resulting from court appearances;
| ||||||
| 23 | (6) shall provide, whenever possible, a secure waiting
| ||||||
| 24 | area during court proceedings that does not require | ||||||
| 25 | victims to be in close
proximity to defendants or | ||||||
| 26 | juveniles accused of a violent crime, and their
families | ||||||
| |||||||
| |||||||
| 1 | and friends;
| ||||||
| 2 | (7) shall provide notice to the crime victim of the | ||||||
| 3 | right to have a
translator present at all court | ||||||
| 4 | proceedings and, in compliance with the federal Americans
| ||||||
| 5 | with Disabilities Act of 1990, the right to communications | ||||||
| 6 | access through a
sign language interpreter or by other | ||||||
| 7 | means;
| ||||||
| 8 | (8) (blank);
| ||||||
| 9 | (8.5) shall inform the victim of the right to be | ||||||
| 10 | present at all court proceedings, unless the victim is to | ||||||
| 11 | testify and the court determines that the victim's | ||||||
| 12 | testimony would be materially affected if the victim hears | ||||||
| 13 | other testimony at trial; | ||||||
| 14 | (9) shall inform the victim of the right to have | ||||||
| 15 | present at all court
proceedings, subject to the rules of | ||||||
| 16 | evidence and confidentiality, an advocate and other | ||||||
| 17 | support
person of the victim's choice; | ||||||
| 18 | (9.3) shall inform the victim of the right to retain | ||||||
| 19 | an attorney, at the
victim's own expense, who, upon | ||||||
| 20 | written notice filed with the clerk of the
court and | ||||||
| 21 | State's Attorney, is to receive copies of all notices, | ||||||
| 22 | motions, and
court orders filed thereafter in the case, in | ||||||
| 23 | the same manner as if the victim
were a named party in the | ||||||
| 24 | case;
| ||||||
| 25 | (9.5) shall inform the victim of (A) the victim's | ||||||
| 26 | right under Section 6 of this Act to make a statement at | ||||||
| |||||||
| |||||||
| 1 | the sentencing hearing; (B) the right of the victim's | ||||||
| 2 | spouse, guardian, parent, grandparent, and other immediate | ||||||
| 3 | family and household members under Section 6 of this Act | ||||||
| 4 | to present a statement at sentencing; and (C) if a | ||||||
| 5 | presentence report is to be prepared, the right of the | ||||||
| 6 | victim's spouse, guardian, parent, grandparent, and other | ||||||
| 7 | immediate family and household members to submit | ||||||
| 8 | information to the preparer of the presentence report | ||||||
| 9 | about the effect the offense has had on the victim and the | ||||||
| 10 | person; | ||||||
| 11 | (10) at the sentencing shall make a good faith attempt | ||||||
| 12 | to explain
the minimum amount of time during which the | ||||||
| 13 | defendant may actually be
physically imprisoned. The | ||||||
| 14 | Office of the State's Attorney shall further notify
the | ||||||
| 15 | crime victim of the right to request from the Prisoner | ||||||
| 16 | Review Board
or Department of Juvenile Justice information | ||||||
| 17 | concerning the release of the defendant;
| ||||||
| 18 | (11) shall request restitution at sentencing and as | ||||||
| 19 | part of a plea agreement if the victim requests | ||||||
| 20 | restitution;
| ||||||
| 21 | (12) shall, upon the court entering a verdict of not | ||||||
| 22 | guilty by reason of insanity, inform the victim of the | ||||||
| 23 | notification services available from the Department of | ||||||
| 24 | Human Services, including the statewide telephone number, | ||||||
| 25 | under subparagraph (d)(2) of this Section;
| ||||||
| 26 | (13) shall provide notice within a reasonable time | ||||||
| |||||||
| |||||||
| 1 | after receipt of notice from
the custodian, of the release | ||||||
| 2 | of the defendant on bail or personal recognizance
or the | ||||||
| 3 | release from detention of a minor who has been detained;
| ||||||
| 4 | (14) shall explain in nontechnical language the | ||||||
| 5 | details of any plea or verdict of
a defendant, or any | ||||||
| 6 | adjudication of a juvenile as a delinquent;
| ||||||
| 7 | (15) shall make all reasonable efforts to consult with | ||||||
| 8 | the crime victim before the Office of
the State's Attorney | ||||||
| 9 | makes an offer of a plea bargain to the defendant or
enters | ||||||
| 10 | into negotiations with the defendant concerning a possible | ||||||
| 11 | plea
agreement, and shall consider the written statement, | ||||||
| 12 | if prepared
prior to entering into a plea agreement. The | ||||||
| 13 | right to consult with the prosecutor does not include the | ||||||
| 14 | right to veto a plea agreement or to insist the case go to | ||||||
| 15 | trial. If the State's Attorney has not consulted with the | ||||||
| 16 | victim prior to making an offer or entering into plea | ||||||
| 17 | negotiations with the defendant, the Office of the State's | ||||||
| 18 | Attorney shall notify the victim of the offer or the | ||||||
| 19 | negotiations within 2 business days and confer with the | ||||||
| 20 | victim;
| ||||||
| 21 | (16) shall provide notice of the ultimate disposition | ||||||
| 22 | of the cases arising from
an indictment or an information, | ||||||
| 23 | or a petition to have a juvenile adjudicated
as a | ||||||
| 24 | delinquent for a violent crime;
| ||||||
| 25 | (17) shall provide notice of any appeal taken by the | ||||||
| 26 | defendant and information
on how to contact the | ||||||
| |||||||
| |||||||
| 1 | appropriate agency handling the appeal, and how to request | ||||||
| 2 | notice of any hearing, oral argument, or decision of an | ||||||
| 3 | appellate court;
| ||||||
| 4 | (18) shall provide timely notice of any request for | ||||||
| 5 | post-conviction review filed by the
defendant under | ||||||
| 6 | Article 122 of the Code of Criminal Procedure of 1963, and | ||||||
| 7 | of
the date, time and place of any hearing concerning the | ||||||
| 8 | petition. Whenever
possible, notice of the hearing shall | ||||||
| 9 | be given within 48 hours of the court's scheduling of the | ||||||
| 10 | hearing; and
| ||||||
| 11 | (19) shall forward a copy of any statement presented | ||||||
| 12 | under Section 6 to the
Prisoner Review Board or Department | ||||||
| 13 | of Juvenile Justice to be considered in making a | ||||||
| 14 | determination
under Section 3-2.5-85 or subsection (b) of | ||||||
| 15 | Section 3-3-8 of the Unified Code of Corrections.
| ||||||
| 16 | (c) The court shall ensure that the rights of the victim | ||||||
| 17 | are afforded. | ||||||
| 18 | (c-5) The following procedures shall be followed to afford | ||||||
| 19 | victims the rights guaranteed by Article I, Section 8.1 of the | ||||||
| 20 | Illinois Constitution: | ||||||
| 21 | (1) Written notice. A victim may complete a written | ||||||
| 22 | notice of intent to assert rights on a form prepared by the | ||||||
| 23 | Office of the Attorney General and provided to the victim | ||||||
| 24 | by the State's Attorney. The victim may at any time | ||||||
| 25 | provide a revised written notice to the State's Attorney. | ||||||
| 26 | The State's Attorney shall file the written notice with | ||||||
| |||||||
| |||||||
| 1 | the court. At the beginning of any court proceeding in | ||||||
| 2 | which the right of a victim may be at issue, the court and | ||||||
| 3 | prosecutor shall review the written notice to determine | ||||||
| 4 | whether the victim has asserted the right that may be at | ||||||
| 5 | issue. | ||||||
| 6 | (2) Victim's retained attorney. A victim's attorney | ||||||
| 7 | shall file an entry of appearance limited to assertion of | ||||||
| 8 | the victim's rights. Upon the filing of the entry of | ||||||
| 9 | appearance and service on the State's Attorney and the | ||||||
| 10 | defendant, the attorney is to receive copies of all | ||||||
| 11 | notices, motions and court orders filed thereafter in the | ||||||
| 12 | case. | ||||||
| 13 | (3) Standing. The victim has standing to assert the | ||||||
| 14 | rights enumerated in subsection (a) of Article I, Section | ||||||
| 15 | 8.1 of the Illinois Constitution and the statutory rights | ||||||
| 16 | under Section 4 of this Act in any court exercising | ||||||
| 17 | jurisdiction over the criminal case. The prosecuting | ||||||
| 18 | attorney, a victim, or the victim's retained attorney may | ||||||
| 19 | assert the victim's rights. The defendant in the criminal | ||||||
| 20 | case has no standing to assert a right of the victim in any | ||||||
| 21 | court proceeding, including on appeal. | ||||||
| 22 | (4) Assertion of and enforcement of rights. | ||||||
| 23 | (A) The prosecuting attorney shall assert a | ||||||
| 24 | victim's right or request enforcement of a right by | ||||||
| 25 | filing a motion or by orally asserting the right or | ||||||
| 26 | requesting enforcement in open court in the criminal | ||||||
| |||||||
| |||||||
| 1 | case outside the presence of the jury. The prosecuting | ||||||
| 2 | attorney shall consult with the victim and the | ||||||
| 3 | victim's attorney regarding the assertion or | ||||||
| 4 | enforcement of a right. If the prosecuting attorney | ||||||
| 5 | decides not to assert or enforce a victim's right, the | ||||||
| 6 | prosecuting attorney shall notify the victim or the | ||||||
| 7 | victim's attorney in sufficient time to allow the | ||||||
| 8 | victim or the victim's attorney to assert the right or | ||||||
| 9 | to seek enforcement of a right. | ||||||
| 10 | (B) If the prosecuting attorney elects not to | ||||||
| 11 | assert a victim's right or to seek enforcement of a | ||||||
| 12 | right, the victim or the victim's attorney may assert | ||||||
| 13 | the victim's right or request enforcement of a right | ||||||
| 14 | by filing a motion or by orally asserting the right or | ||||||
| 15 | requesting enforcement in open court in the criminal | ||||||
| 16 | case outside the presence of the jury. | ||||||
| 17 | (C) If the prosecuting attorney asserts a victim's | ||||||
| 18 | right or seeks enforcement of a right, and the court | ||||||
| 19 | denies the assertion of the right or denies the | ||||||
| 20 | request for enforcement of a right, the victim or | ||||||
| 21 | victim's attorney may file a motion to assert the | ||||||
| 22 | victim's right or to request enforcement of the right | ||||||
| 23 | within 10 days of the court's ruling. The motion need | ||||||
| 24 | not demonstrate the grounds for a motion for | ||||||
| 25 | reconsideration. The court shall rule on the merits of | ||||||
| 26 | the motion. | ||||||
| |||||||
| |||||||
| 1 | (D) The court shall take up and decide any motion | ||||||
| 2 | or request asserting or seeking enforcement of a | ||||||
| 3 | victim's right without delay, unless a specific time | ||||||
| 4 | period is specified by law or court rule. The reasons | ||||||
| 5 | for any decision denying the motion or request shall | ||||||
| 6 | be clearly stated on the record. | ||||||
| 7 | (5) Violation of rights and remedies. | ||||||
| 8 | (A) If the court determines that a victim's right | ||||||
| 9 | has been violated, the court shall determine the | ||||||
| 10 | appropriate remedy for the violation of the victim's | ||||||
| 11 | right by hearing from the victim and the parties, | ||||||
| 12 | considering all factors relevant to the issue, and | ||||||
| 13 | then awarding appropriate relief to the victim. | ||||||
| 14 | (A-5) Consideration of an issue of a substantive | ||||||
| 15 | nature or an issue that implicates the constitutional | ||||||
| 16 | or statutory right of a victim at a court proceeding | ||||||
| 17 | labeled as a status hearing shall constitute a per se | ||||||
| 18 | violation of a victim's right. | ||||||
| 19 | (B) The appropriate remedy shall include only | ||||||
| 20 | actions necessary to provide the victim the right to | ||||||
| 21 | which the victim was entitled and may include | ||||||
| 22 | reopening previously held proceedings; however, in no | ||||||
| 23 | event shall the court vacate a conviction. Any remedy | ||||||
| 24 | shall be tailored to provide the victim an appropriate | ||||||
| 25 | remedy without violating any constitutional right of | ||||||
| 26 | the defendant. In no event shall the appropriate | ||||||
| |||||||
| |||||||
| 1 | remedy be a new trial, damages, or costs. | ||||||
| 2 | (6) Right to be heard. Whenever a victim has the right | ||||||
| 3 | to be heard, the court shall allow the victim to exercise | ||||||
| 4 | the right in any reasonable manner the victim chooses. | ||||||
| 5 | (7) Right to attend trial. A party must file a written | ||||||
| 6 | motion to exclude a victim from trial at least 60 days | ||||||
| 7 | prior to the date set for trial. The motion must state with | ||||||
| 8 | specificity the reason exclusion is necessary to protect a | ||||||
| 9 | constitutional right of the party, and must contain an | ||||||
| 10 | offer of proof. The court shall rule on the motion within | ||||||
| 11 | 30 days. If the motion is granted, the court shall set | ||||||
| 12 | forth on the record the facts that support its finding | ||||||
| 13 | that the victim's testimony will be materially affected if | ||||||
| 14 | the victim hears other testimony at trial. | ||||||
| 15 | (8) Right to have advocate and support person present | ||||||
| 16 | at court proceedings. | ||||||
| 17 | (A) A party who intends to call an advocate as a | ||||||
| 18 | witness at trial must seek permission of the court | ||||||
| 19 | before the subpoena is issued. The party must file a | ||||||
| 20 | written motion at least 90 days before trial that sets | ||||||
| 21 | forth specifically the issues on which the advocate's | ||||||
| 22 | testimony is sought and an offer of proof regarding | ||||||
| 23 | (i) the content of the anticipated testimony of the | ||||||
| 24 | advocate; and (ii) the relevance, admissibility, and | ||||||
| 25 | materiality of the anticipated testimony. The court | ||||||
| 26 | shall consider the motion and make findings within 30 | ||||||
| |||||||
| |||||||
| 1 | days of the filing of the motion. If the court finds by | ||||||
| 2 | a preponderance of the evidence that: (i) the | ||||||
| 3 | anticipated testimony is not protected by an absolute | ||||||
| 4 | privilege; and (ii) the anticipated testimony contains | ||||||
| 5 | relevant, admissible, and material evidence that is | ||||||
| 6 | not available through other witnesses or evidence, the | ||||||
| 7 | court shall issue a subpoena requiring the advocate to | ||||||
| 8 | appear to testify at an in camera hearing. The | ||||||
| 9 | prosecuting attorney and the victim shall have 15 days | ||||||
| 10 | to seek appellate review before the advocate is | ||||||
| 11 | required to testify at an ex parte in camera | ||||||
| 12 | proceeding. | ||||||
| 13 | The prosecuting attorney, the victim, and the | ||||||
| 14 | advocate's attorney shall be allowed to be present at | ||||||
| 15 | the ex parte in camera proceeding. If, after | ||||||
| 16 | conducting the ex parte in camera hearing, the court | ||||||
| 17 | determines that due process requires any testimony | ||||||
| 18 | regarding confidential or privileged information or | ||||||
| 19 | communications, the court shall provide to the | ||||||
| 20 | prosecuting attorney, the victim, and the advocate's | ||||||
| 21 | attorney a written memorandum on the substance of the | ||||||
| 22 | advocate's testimony. The prosecuting attorney, the | ||||||
| 23 | victim, and the advocate's attorney shall have 15 days | ||||||
| 24 | to seek appellate review before a subpoena may be | ||||||
| 25 | issued for the advocate to testify at trial. The | ||||||
| 26 | presence of the prosecuting attorney at the ex parte | ||||||
| |||||||
| |||||||
| 1 | in camera proceeding does not make the substance of | ||||||
| 2 | the advocate's testimony that the court has ruled | ||||||
| 3 | inadmissible subject to discovery. | ||||||
| 4 | (B) If a victim has asserted the right to have a | ||||||
| 5 | support person present at the court proceedings, the | ||||||
| 6 | victim shall provide the name of the person the victim | ||||||
| 7 | has chosen to be the victim's support person to the | ||||||
| 8 | prosecuting attorney, within 60 days of trial. The | ||||||
| 9 | prosecuting attorney shall provide the name to the | ||||||
| 10 | defendant. If the defendant intends to call the | ||||||
| 11 | support person as a witness at trial, the defendant | ||||||
| 12 | must seek permission of the court before a subpoena is | ||||||
| 13 | issued. The defendant must file a written motion at | ||||||
| 14 | least 45 days prior to trial that sets forth | ||||||
| 15 | specifically the issues on which the support person | ||||||
| 16 | will testify and an offer of proof regarding: (i) the | ||||||
| 17 | content of the anticipated testimony of the support | ||||||
| 18 | person; and (ii) the relevance, admissibility, and | ||||||
| 19 | materiality of the anticipated testimony. | ||||||
| 20 | If the prosecuting attorney intends to call the | ||||||
| 21 | support person as a witness during the State's | ||||||
| 22 | case-in-chief, the prosecuting attorney shall inform | ||||||
| 23 | the court of this intent in the response to the | ||||||
| 24 | defendant's written motion. The victim may choose a | ||||||
| 25 | different person to be the victim's support person. | ||||||
| 26 | The court may allow the defendant to inquire about | ||||||
| |||||||
| |||||||
| 1 | matters outside the scope of the direct examination | ||||||
| 2 | during cross-examination. If the court allows the | ||||||
| 3 | defendant to do so, the support person shall be | ||||||
| 4 | allowed to remain in the courtroom after the support | ||||||
| 5 | person has testified. A defendant who fails to | ||||||
| 6 | question the support person about matters outside the | ||||||
| 7 | scope of direct examination during the State's | ||||||
| 8 | case-in-chief waives the right to challenge the | ||||||
| 9 | presence of the support person on appeal. The court | ||||||
| 10 | shall allow the support person to testify if called as | ||||||
| 11 | a witness in the defendant's case-in-chief or the | ||||||
| 12 | State's rebuttal. | ||||||
| 13 | If the court does not allow the defendant to | ||||||
| 14 | inquire about matters outside the scope of the direct | ||||||
| 15 | examination, the support person shall be allowed to | ||||||
| 16 | remain in the courtroom after the support person has | ||||||
| 17 | been called by the defendant or the defendant has | ||||||
| 18 | rested. The court shall allow the support person to | ||||||
| 19 | testify in the State's rebuttal. | ||||||
| 20 | If the prosecuting attorney does not intend to | ||||||
| 21 | call the support person in the State's case-in-chief, | ||||||
| 22 | the court shall verify with the support person whether | ||||||
| 23 | the support person, if called as a witness, would | ||||||
| 24 | testify as set forth in the offer of proof. If the | ||||||
| 25 | court finds that the support person would testify as | ||||||
| 26 | set forth in the offer of proof, the court shall rule | ||||||
| |||||||
| |||||||
| 1 | on the relevance, materiality, and admissibility of | ||||||
| 2 | the anticipated testimony. If the court rules the | ||||||
| 3 | anticipated testimony is admissible, the court shall | ||||||
| 4 | issue the subpoena. The support person may remain in | ||||||
| 5 | the courtroom after the support person testifies and | ||||||
| 6 | shall be allowed to testify in rebuttal. | ||||||
| 7 | If the court excludes the victim's support person | ||||||
| 8 | during the State's case-in-chief, the victim shall be | ||||||
| 9 | allowed to choose another support person to be present | ||||||
| 10 | in court. | ||||||
| 11 | If the victim fails to designate a support person | ||||||
| 12 | within 60 days of trial and the defendant has | ||||||
| 13 | subpoenaed the support person to testify at trial, the | ||||||
| 14 | court may exclude the support person from the trial | ||||||
| 15 | until the support person testifies. If the court | ||||||
| 16 | excludes the support person the victim may choose | ||||||
| 17 | another person as a support person. | ||||||
| 18 | (9) Right to notice and hearing before disclosure of | ||||||
| 19 | confidential or privileged information or records. A | ||||||
| 20 | defendant who seeks to subpoena records of or concerning | ||||||
| 21 | the victim that are confidential or privileged by law must | ||||||
| 22 | seek permission of the court before the subpoena is | ||||||
| 23 | issued. The defendant must file a written motion and an | ||||||
| 24 | offer of proof regarding the relevance, admissibility and | ||||||
| 25 | materiality of the records. If the court finds by a | ||||||
| 26 | preponderance of the evidence that: (A) the records are | ||||||
| |||||||
| |||||||
| 1 | not protected by an absolute privilege and (B) the records | ||||||
| 2 | contain relevant, admissible, and material evidence that | ||||||
| 3 | is not available through other witnesses or evidence, the | ||||||
| 4 | court shall issue a subpoena requiring a sealed copy of | ||||||
| 5 | the records be delivered to the court to be reviewed in | ||||||
| 6 | camera. If, after conducting an in camera review of the | ||||||
| 7 | records, the court determines that due process requires | ||||||
| 8 | disclosure of any portion of the records, the court shall | ||||||
| 9 | provide copies of what it intends to disclose to the | ||||||
| 10 | prosecuting attorney and the victim. The prosecuting | ||||||
| 11 | attorney and the victim shall have 30 days to seek | ||||||
| 12 | appellate review before the records are disclosed to the | ||||||
| 13 | defendant. The disclosure of copies of any portion of the | ||||||
| 14 | records to the prosecuting attorney does not make the | ||||||
| 15 | records subject to discovery. | ||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | 102-22, eff. 6-25-21; 102-558, eff. 8-20-21.)
| ||||||
| 14 | (Text of Section after amendment by P.A. 101-652) | ||||||
| 15 | Sec. 4.5. Procedures to implement the rights of crime | ||||||
| 16 | victims. To afford
crime victims their rights, law | ||||||
| 17 | enforcement, prosecutors, judges, and
corrections will provide | ||||||
| 18 | information, as appropriate, of the following
procedures:
| ||||||
| 19 | (a) At the request of the crime victim, law enforcement | ||||||
| 20 | authorities
investigating the case shall provide notice of the | ||||||
| 21 | status of the investigation,
except where the State's Attorney | ||||||
| 22 | determines that disclosure of such
information would | ||||||
| 23 | unreasonably interfere with the investigation, until such
time | ||||||
| 24 | as the alleged assailant is apprehended or the investigation | ||||||
| 25 | is closed.
| ||||||
| |||||||
| |||||||
| 1 | (a-5) When law enforcement authorities reopen a closed | ||||||
| 2 | case to resume investigating, they shall provide notice of the | ||||||
| 3 | reopening of the case, except where the State's Attorney | ||||||
| 4 | determines that disclosure of such information would | ||||||
| 5 | unreasonably interfere with the investigation. | ||||||
| 6 | (b) The office of the State's Attorney:
| ||||||
| 7 | (1) shall provide notice of the filing of an | ||||||
| 8 | information, the return of an
indictment, or the
filing of | ||||||
| 9 | a petition to adjudicate a minor as a delinquent for a | ||||||
| 10 | violent
crime;
| ||||||
| 11 | (2) shall provide timely notice of the date, time, and | ||||||
| 12 | place of court proceedings; of any change in the date, | ||||||
| 13 | time, and place of court proceedings; and of any | ||||||
| 14 | cancellation of court proceedings. Notice shall be | ||||||
| 15 | provided in sufficient time, wherever possible, for the | ||||||
| 16 | victim to
make arrangements to attend or to prevent an | ||||||
| 17 | unnecessary appearance at court proceedings;
| ||||||
| 18 | (3) or victim advocate personnel shall provide | ||||||
| 19 | information of social
services and financial assistance | ||||||
| 20 | available for victims of crime, including
information of | ||||||
| 21 | how to apply for these services and assistance;
| ||||||
| 22 | (3.5) or victim advocate personnel shall provide | ||||||
| 23 | information about available victim services, including | ||||||
| 24 | referrals to programs, counselors, and agencies that | ||||||
| 25 | assist a victim to deal with trauma, loss, and grief; | ||||||
| 26 | (4) shall assist in having any stolen or other | ||||||
| |||||||
| |||||||
| 1 | personal property held by
law enforcement authorities for | ||||||
| 2 | evidentiary or other purposes returned as
expeditiously as | ||||||
| 3 | possible, pursuant to the procedures set out in Section | ||||||
| 4 | 115-9
of the Code of Criminal Procedure of 1963;
| ||||||
| 5 | (5) or victim advocate personnel shall provide | ||||||
| 6 | appropriate employer
intercession services to ensure that | ||||||
| 7 | employers of victims will cooperate with
the criminal | ||||||
| 8 | justice system in order to minimize an employee's loss of | ||||||
| 9 | pay and
other benefits resulting from court appearances;
| ||||||
| 10 | (6) shall provide, whenever possible, a secure waiting
| ||||||
| 11 | area during court proceedings that does not require | ||||||
| 12 | victims to be in close
proximity to defendants or | ||||||
| 13 | juveniles accused of a violent crime, and their
families | ||||||
| 14 | and friends;
| ||||||
| 15 | (7) shall provide notice to the crime victim of the | ||||||
| 16 | right to have a
translator present at all court | ||||||
| 17 | proceedings and, in compliance with the federal Americans
| ||||||
| 18 | with Disabilities Act of 1990, the right to communications | ||||||
| 19 | access through a
sign language interpreter or by other | ||||||
| 20 | means;
| ||||||
| 21 | (8) (blank);
| ||||||
| 22 | (8.5) shall inform the victim of the right to be | ||||||
| 23 | present at all court proceedings, unless the victim is to | ||||||
| 24 | testify and the court determines that the victim's | ||||||
| 25 | testimony would be materially affected if the victim hears | ||||||
| 26 | other testimony at trial; | ||||||
| |||||||
| |||||||
| 1 | (9) shall inform the victim of the right to have | ||||||
| 2 | present at all court
proceedings, subject to the rules of | ||||||
| 3 | evidence and confidentiality, an advocate and other | ||||||
| 4 | support
person of the victim's choice; | ||||||
| 5 | (9.3) shall inform the victim of the right to retain | ||||||
| 6 | an attorney, at the
victim's own expense, who, upon | ||||||
| 7 | written notice filed with the clerk of the
court and | ||||||
| 8 | State's Attorney, is to receive copies of all notices, | ||||||
| 9 | motions, and
court orders filed thereafter in the case, in | ||||||
| 10 | the same manner as if the victim
were a named party in the | ||||||
| 11 | case;
| ||||||
| 12 | (9.5) shall inform the victim of (A) the victim's | ||||||
| 13 | right under Section 6 of this Act to make a statement at | ||||||
| 14 | the sentencing hearing; (B) the right of the victim's | ||||||
| 15 | spouse, guardian, parent, grandparent, and other immediate | ||||||
| 16 | family and household members under Section 6 of this Act | ||||||
| 17 | to present a statement at sentencing; and (C) if a | ||||||
| 18 | presentence report is to be prepared, the right of the | ||||||
| 19 | victim's spouse, guardian, parent, grandparent, and other | ||||||
| 20 | immediate family and household members to submit | ||||||
| 21 | information to the preparer of the presentence report | ||||||
| 22 | about the effect the offense has had on the victim and the | ||||||
| 23 | person; | ||||||
| 24 | (10) at the sentencing shall make a good faith attempt | ||||||
| 25 | to explain
the minimum amount of time during which the | ||||||
| 26 | defendant may actually be
physically imprisoned. The | ||||||
| |||||||
| |||||||
| 1 | Office of the State's Attorney shall further notify
the | ||||||
| 2 | crime victim of the right to request from the Prisoner | ||||||
| 3 | Review Board
or Department of Juvenile Justice information | ||||||
| 4 | concerning the release of the defendant;
| ||||||
| 5 | (11) shall request restitution at sentencing and as | ||||||
| 6 | part of a plea agreement if the victim requests | ||||||
| 7 | restitution;
| ||||||
| 8 | (12) shall, upon the court entering a verdict of not | ||||||
| 9 | guilty by reason of insanity, inform the victim of the | ||||||
| 10 | notification services available from the Department of | ||||||
| 11 | Human Services, including the statewide telephone number, | ||||||
| 12 | under subparagraph (d)(2) of this Section;
| ||||||
| 13 | (13) shall provide notice within a reasonable time | ||||||
| 14 | after receipt of notice from
the custodian, of the release | ||||||
| 15 | of the defendant on pretrial release bail or personal | ||||||
| 16 | recognizance
or the release from detention of a minor who | ||||||
| 17 | has been detained;
| ||||||
| 18 | (14) shall explain in nontechnical language the | ||||||
| 19 | details of any plea or verdict of
a defendant, or any | ||||||
| 20 | adjudication of a juvenile as a delinquent;
| ||||||
| 21 | (15) shall make all reasonable efforts to consult with | ||||||
| 22 | the crime victim before the Office of
the State's Attorney | ||||||
| 23 | makes an offer of a plea bargain to the defendant or
enters | ||||||
| 24 | into negotiations with the defendant concerning a possible | ||||||
| 25 | plea
agreement, and shall consider the written statement, | ||||||
| 26 | if prepared
prior to entering into a plea agreement. The | ||||||
| |||||||
| |||||||
| 1 | right to consult with the prosecutor does not include the | ||||||
| 2 | right to veto a plea agreement or to insist the case go to | ||||||
| 3 | trial. If the State's Attorney has not consulted with the | ||||||
| 4 | victim prior to making an offer or entering into plea | ||||||
| 5 | negotiations with the defendant, the Office of the State's | ||||||
| 6 | Attorney shall notify the victim of the offer or the | ||||||
| 7 | negotiations within 2 business days and confer with the | ||||||
| 8 | victim;
| ||||||
| 9 | (16) shall provide notice of the ultimate disposition | ||||||
| 10 | of the cases arising from
an indictment or an information, | ||||||
| 11 | or a petition to have a juvenile adjudicated
as a | ||||||
| 12 | delinquent for a violent crime;
| ||||||
| 13 | (17) shall provide notice of any appeal taken by the | ||||||
| 14 | defendant and information
on how to contact the | ||||||
| 15 | appropriate agency handling the appeal, and how to request | ||||||
| 16 | notice of any hearing, oral argument, or decision of an | ||||||
| 17 | appellate court;
| ||||||
| 18 | (18) shall provide timely notice of any request for | ||||||
| 19 | post-conviction review filed by the
defendant under | ||||||
| 20 | Article 122 of the Code of Criminal Procedure of 1963, and | ||||||
| 21 | of
the date, time and place of any hearing concerning the | ||||||
| 22 | petition. Whenever
possible, notice of the hearing shall | ||||||
| 23 | be given within 48 hours of the court's scheduling of the | ||||||
| 24 | hearing;
| ||||||
| 25 | (19) shall forward a copy of any statement presented | ||||||
| 26 | under Section 6 to the
Prisoner Review Board or Department | ||||||
| |||||||
| |||||||
| 1 | of Juvenile Justice to be considered in making a | ||||||
| 2 | determination
under Section 3-2.5-85 or subsection (b) of | ||||||
| 3 | Section 3-3-8 of the Unified Code of Corrections;
| ||||||
| 4 | (20) shall, within a reasonable time, offer to
meet | ||||||
| 5 | with the crime victim regarding the decision of the
| ||||||
| 6 | State's Attorney not to charge an offense, and shall meet
| ||||||
| 7 | with the victim, if the victim agrees. The victim has a
| ||||||
| 8 | right to have an attorney, advocate, and other support
| ||||||
| 9 | person of the victim's choice attend this meeting with the
| ||||||
| 10 | victim; and | ||||||
| 11 | (21) shall give the crime victim timely notice of any | ||||||
| 12 | decision not to pursue charges and consider the safety of | ||||||
| 13 | the victim when deciding how to give such notice. | ||||||
| 14 | (c) The court shall ensure that the rights of the victim | ||||||
| 15 | are afforded. | ||||||
| 16 | (c-5) The following procedures shall be followed to afford | ||||||
| 17 | victims the rights guaranteed by Article I, Section 8.1 of the | ||||||
| 18 | Illinois Constitution: | ||||||
| 19 | (1) Written notice. A victim may complete a written | ||||||
| 20 | notice of intent to assert rights on a form prepared by the | ||||||
| 21 | Office of the Attorney General and provided to the victim | ||||||
| 22 | by the State's Attorney. The victim may at any time | ||||||
| 23 | provide a revised written notice to the State's Attorney. | ||||||
| 24 | The State's Attorney shall file the written notice with | ||||||
| 25 | the court. At the beginning of any court proceeding in | ||||||
| 26 | which the right of a victim may be at issue, the court and | ||||||
| |||||||
| |||||||
| 1 | prosecutor shall review the written notice to determine | ||||||
| 2 | whether the victim has asserted the right that may be at | ||||||
| 3 | issue. | ||||||
| 4 | (2) Victim's retained attorney. A victim's attorney | ||||||
| 5 | shall file an entry of appearance limited to assertion of | ||||||
| 6 | the victim's rights. Upon the filing of the entry of | ||||||
| 7 | appearance and service on the State's Attorney and the | ||||||
| 8 | defendant, the attorney is to receive copies of all | ||||||
| 9 | notices, motions and court orders filed thereafter in the | ||||||
| 10 | case. | ||||||
| 11 | (3) Standing. The victim has standing to assert the | ||||||
| 12 | rights enumerated in subsection (a) of Article I, Section | ||||||
| 13 | 8.1 of the Illinois Constitution and the statutory rights | ||||||
| 14 | under Section 4 of this Act in any court exercising | ||||||
| 15 | jurisdiction over the criminal case. The prosecuting | ||||||
| 16 | attorney, a victim, or the victim's retained attorney may | ||||||
| 17 | assert the victim's rights. The defendant in the criminal | ||||||
| 18 | case has no standing to assert a right of the victim in any | ||||||
| 19 | court proceeding, including on appeal. | ||||||
| 20 | (4) Assertion of and enforcement of rights. | ||||||
| 21 | (A) The prosecuting attorney shall assert a | ||||||
| 22 | victim's right or request enforcement of a right by | ||||||
| 23 | filing a motion or by orally asserting the right or | ||||||
| 24 | requesting enforcement in open court in the criminal | ||||||
| 25 | case outside the presence of the jury. The prosecuting | ||||||
| 26 | attorney shall consult with the victim and the | ||||||
| |||||||
| |||||||
| 1 | victim's attorney regarding the assertion or | ||||||
| 2 | enforcement of a right. If the prosecuting attorney | ||||||
| 3 | decides not to assert or enforce a victim's right, the | ||||||
| 4 | prosecuting attorney shall notify the victim or the | ||||||
| 5 | victim's attorney in sufficient time to allow the | ||||||
| 6 | victim or the victim's attorney to assert the right or | ||||||
| 7 | to seek enforcement of a right. | ||||||
| 8 | (B) If the prosecuting attorney elects not to | ||||||
| 9 | assert a victim's right or to seek enforcement of a | ||||||
| 10 | right, the victim or the victim's attorney may assert | ||||||
| 11 | the victim's right or request enforcement of a right | ||||||
| 12 | by filing a motion or by orally asserting the right or | ||||||
| 13 | requesting enforcement in open court in the criminal | ||||||
| 14 | case outside the presence of the jury. | ||||||
| 15 | (C) If the prosecuting attorney asserts a victim's | ||||||
| 16 | right or seeks enforcement of a right, unless the | ||||||
| 17 | prosecuting attorney objects or the trial court does | ||||||
| 18 | not allow it, the victim or the victim's attorney may | ||||||
| 19 | be heard regarding the prosecuting attorney's motion | ||||||
| 20 | or may file a simultaneous motion to assert or request | ||||||
| 21 | enforcement of the victim's right. If the victim or | ||||||
| 22 | the victim's attorney was not allowed to be heard at | ||||||
| 23 | the hearing regarding the prosecuting attorney's | ||||||
| 24 | motion, and the court denies the prosecuting | ||||||
| 25 | attorney's assertion of the right or denies the | ||||||
| 26 | request for enforcement of a right, the victim or | ||||||
| |||||||
| |||||||
| 1 | victim's attorney may file a motion to assert the | ||||||
| 2 | victim's right or to request enforcement of the right | ||||||
| 3 | within 10 days of the court's ruling. The motion need | ||||||
| 4 | not demonstrate the grounds for a motion for | ||||||
| 5 | reconsideration. The court shall rule on the merits of | ||||||
| 6 | the motion. | ||||||
| 7 | (D) The court shall take up and decide any motion | ||||||
| 8 | or request asserting or seeking enforcement of a | ||||||
| 9 | victim's right without delay, unless a specific time | ||||||
| 10 | period is specified by law or court rule. The reasons | ||||||
| 11 | for any decision denying the motion or request shall | ||||||
| 12 | be clearly stated on the record. | ||||||
| 13 | (E) No later than January 1, 2023, the Office of | ||||||
| 14 | the Attorney General shall: | ||||||
| 15 | (i) designate an administrative authority | ||||||
| 16 | within the Office of the Attorney General to | ||||||
| 17 | receive and investigate complaints relating to the | ||||||
| 18 | provision or violation of the rights of a crime | ||||||
| 19 | victim as described in Article I, Section 8.1 of | ||||||
| 20 | the Illinois Constitution and in this Act; | ||||||
| 21 | (ii) create and administer a course of | ||||||
| 22 | training for employees and offices of the State of | ||||||
| 23 | Illinois that fail to comply with provisions of | ||||||
| 24 | Illinois law pertaining to the treatment of crime | ||||||
| 25 | victims as described in Article I, Section 8.1 of | ||||||
| 26 | the Illinois Constitution and in this Act as | ||||||
| |||||||
| |||||||
| 1 | required by the court under Section 5 of this Act; | ||||||
| 2 | and | ||||||
| 3 | (iii) have the authority to make | ||||||
| 4 | recommendations to employees and offices of the | ||||||
| 5 | State of Illinois to respond more effectively to | ||||||
| 6 | the needs of crime victims, including regarding | ||||||
| 7 | the violation of the rights of a crime victim. | ||||||
| 8 | (F) Crime victims' rights may also be asserted by
| ||||||
| 9 | filing a complaint for mandamus, injunctive, or
| ||||||
| 10 | declaratory relief in the jurisdiction in which the
| ||||||
| 11 | victim's right is being violated or where the crime is
| ||||||
| 12 | being prosecuted. For complaints or motions filed by | ||||||
| 13 | or on behalf of the victim, the clerk of court shall | ||||||
| 14 | waive
filing fees that would otherwise be owed by the | ||||||
| 15 | victim
for any court filing with the purpose of | ||||||
| 16 | enforcing crime victims' rights. If the court denies | ||||||
| 17 | the relief
sought by the victim, the reasons for the | ||||||
| 18 | denial shall
be clearly stated on the record in the | ||||||
| 19 | transcript of
the proceedings, in a written opinion, | ||||||
| 20 | or in the
docket entry, and the victim may appeal the | ||||||
| 21 | circuit
court's decision to the appellate court. The | ||||||
| 22 | court
shall issue prompt rulings regarding victims' | ||||||
| 23 | rights.
Proceedings seeking to enforce victims' rights | ||||||
| 24 | shall
not be stayed or subject to unreasonable delay | ||||||
| 25 | via
continuances. | ||||||
| 26 | (5) Violation of rights and remedies. | ||||||
| |||||||
| |||||||
| 1 | (A) If the court determines that a victim's right | ||||||
| 2 | has been violated, the court shall determine the | ||||||
| 3 | appropriate remedy for the violation of the victim's | ||||||
| 4 | right by hearing from the victim and the parties, | ||||||
| 5 | considering all factors relevant to the issue, and | ||||||
| 6 | then awarding appropriate relief to the victim. | ||||||
| 7 | (A-5) Consideration of an issue of a substantive | ||||||
| 8 | nature or an issue that implicates the constitutional | ||||||
| 9 | or statutory right of a victim at a court proceeding | ||||||
| 10 | labeled as a status hearing shall constitute a per se | ||||||
| 11 | violation of a victim's right. | ||||||
| 12 | (B) The appropriate remedy shall include only | ||||||
| 13 | actions necessary to provide the victim the right to | ||||||
| 14 | which the victim was entitled. Remedies may include, | ||||||
| 15 | but are not limited to: injunctive relief requiring | ||||||
| 16 | the victim's right to be afforded; declaratory | ||||||
| 17 | judgment recognizing or clarifying the victim's | ||||||
| 18 | rights; a writ of mandamus; and may include reopening | ||||||
| 19 | previously held proceedings; however, in no event | ||||||
| 20 | shall the court vacate a conviction. Any remedy shall | ||||||
| 21 | be tailored to provide the victim an appropriate | ||||||
| 22 | remedy without violating any constitutional right of | ||||||
| 23 | the defendant. In no event shall the appropriate | ||||||
| 24 | remedy to the victim be a new trial or damages. | ||||||
| 25 | The court shall impose a mandatory training course | ||||||
| 26 | provided by the Attorney General for the employee under | ||||||
| |||||||
| |||||||
| 1 | item (ii) of subparagraph (E) of paragraph (4), which must | ||||||
| 2 | be successfully completed within 6 months of the entry of | ||||||
| 3 | the court order. | ||||||
| 4 | This paragraph (5) takes effect January 2, 2023. | ||||||
| 5 | (6) Right to be heard. Whenever a victim has the right | ||||||
| 6 | to be heard, the court shall allow the victim to exercise | ||||||
| 7 | the right in any reasonable manner the victim chooses. | ||||||
| 8 | (7) Right to attend trial. A party must file a written | ||||||
| 9 | motion to exclude a victim from trial at least 60 days | ||||||
| 10 | prior to the date set for trial. The motion must state with | ||||||
| 11 | specificity the reason exclusion is necessary to protect a | ||||||
| 12 | constitutional right of the party, and must contain an | ||||||
| 13 | offer of proof. The court shall rule on the motion within | ||||||
| 14 | 30 days. If the motion is granted, the court shall set | ||||||
| 15 | forth on the record the facts that support its finding | ||||||
| 16 | that the victim's testimony will be materially affected if | ||||||
| 17 | the victim hears other testimony at trial. | ||||||
| 18 | (8) Right to have advocate and support person present | ||||||
| 19 | at court proceedings. | ||||||
| 20 | (A) A party who intends to call an advocate as a | ||||||
| 21 | witness at trial must seek permission of the court | ||||||
| 22 | before the subpoena is issued. The party must file a | ||||||
| 23 | written motion at least 90 days before trial that sets | ||||||
| 24 | forth specifically the issues on which the advocate's | ||||||
| 25 | testimony is sought and an offer of proof regarding | ||||||
| 26 | (i) the content of the anticipated testimony of the | ||||||
| |||||||
| |||||||
| 1 | advocate; and (ii) the relevance, admissibility, and | ||||||
| 2 | materiality of the anticipated testimony. The court | ||||||
| 3 | shall consider the motion and make findings within 30 | ||||||
| 4 | days of the filing of the motion. If the court finds by | ||||||
| 5 | a preponderance of the evidence that: (i) the | ||||||
| 6 | anticipated testimony is not protected by an absolute | ||||||
| 7 | privilege; and (ii) the anticipated testimony contains | ||||||
| 8 | relevant, admissible, and material evidence that is | ||||||
| 9 | not available through other witnesses or evidence, the | ||||||
| 10 | court shall issue a subpoena requiring the advocate to | ||||||
| 11 | appear to testify at an in camera hearing. The | ||||||
| 12 | prosecuting attorney and the victim shall have 15 days | ||||||
| 13 | to seek appellate review before the advocate is | ||||||
| 14 | required to testify at an ex parte in camera | ||||||
| 15 | proceeding. | ||||||
| 16 | The prosecuting attorney, the victim, and the | ||||||
| 17 | advocate's attorney shall be allowed to be present at | ||||||
| 18 | the ex parte in camera proceeding. If, after | ||||||
| 19 | conducting the ex parte in camera hearing, the court | ||||||
| 20 | determines that due process requires any testimony | ||||||
| 21 | regarding confidential or privileged information or | ||||||
| 22 | communications, the court shall provide to the | ||||||
| 23 | prosecuting attorney, the victim, and the advocate's | ||||||
| 24 | attorney a written memorandum on the substance of the | ||||||
| 25 | advocate's testimony. The prosecuting attorney, the | ||||||
| 26 | victim, and the advocate's attorney shall have 15 days | ||||||
| |||||||
| |||||||
| 1 | to seek appellate review before a subpoena may be | ||||||
| 2 | issued for the advocate to testify at trial. The | ||||||
| 3 | presence of the prosecuting attorney at the ex parte | ||||||
| 4 | in camera proceeding does not make the substance of | ||||||
| 5 | the advocate's testimony that the court has ruled | ||||||
| 6 | inadmissible subject to discovery. | ||||||
| 7 | (B) If a victim has asserted the right to have a | ||||||
| 8 | support person present at the court proceedings, the | ||||||
| 9 | victim shall provide the name of the person the victim | ||||||
| 10 | has chosen to be the victim's support person to the | ||||||
| 11 | prosecuting attorney, within 60 days of trial. The | ||||||
| 12 | prosecuting attorney shall provide the name to the | ||||||
| 13 | defendant. If the defendant intends to call the | ||||||
| 14 | support person as a witness at trial, the defendant | ||||||
| 15 | must seek permission of the court before a subpoena is | ||||||
| 16 | issued. The defendant must file a written motion at | ||||||
| 17 | least 45 days prior to trial that sets forth | ||||||
| 18 | specifically the issues on which the support person | ||||||
| 19 | will testify and an offer of proof regarding: (i) the | ||||||
| 20 | content of the anticipated testimony of the support | ||||||
| 21 | person; and (ii) the relevance, admissibility, and | ||||||
| 22 | materiality of the anticipated testimony. | ||||||
| 23 | If the prosecuting attorney intends to call the | ||||||
| 24 | support person as a witness during the State's | ||||||
| 25 | case-in-chief, the prosecuting attorney shall inform | ||||||
| 26 | the court of this intent in the response to the | ||||||
| |||||||
| |||||||
| 1 | defendant's written motion. The victim may choose a | ||||||
| 2 | different person to be the victim's support person. | ||||||
| 3 | The court may allow the defendant to inquire about | ||||||
| 4 | matters outside the scope of the direct examination | ||||||
| 5 | during cross-examination. If the court allows the | ||||||
| 6 | defendant to do so, the support person shall be | ||||||
| 7 | allowed to remain in the courtroom after the support | ||||||
| 8 | person has testified. A defendant who fails to | ||||||
| 9 | question the support person about matters outside the | ||||||
| 10 | scope of direct examination during the State's | ||||||
| 11 | case-in-chief waives the right to challenge the | ||||||
| 12 | presence of the support person on appeal. The court | ||||||
| 13 | shall allow the support person to testify if called as | ||||||
| 14 | a witness in the defendant's case-in-chief or the | ||||||
| 15 | State's rebuttal. | ||||||
| 16 | If the court does not allow the defendant to | ||||||
| 17 | inquire about matters outside the scope of the direct | ||||||
| 18 | examination, the support person shall be allowed to | ||||||
| 19 | remain in the courtroom after the support person has | ||||||
| 20 | been called by the defendant or the defendant has | ||||||
| 21 | rested. The court shall allow the support person to | ||||||
| 22 | testify in the State's rebuttal. | ||||||
| 23 | If the prosecuting attorney does not intend to | ||||||
| 24 | call the support person in the State's case-in-chief, | ||||||
| 25 | the court shall verify with the support person whether | ||||||
| 26 | the support person, if called as a witness, would | ||||||
| |||||||
| |||||||
| 1 | testify as set forth in the offer of proof. If the | ||||||
| 2 | court finds that the support person would testify as | ||||||
| 3 | set forth in the offer of proof, the court shall rule | ||||||
| 4 | on the relevance, materiality, and admissibility of | ||||||
| 5 | the anticipated testimony. If the court rules the | ||||||
| 6 | anticipated testimony is admissible, the court shall | ||||||
| 7 | issue the subpoena. The support person may remain in | ||||||
| 8 | the courtroom after the support person testifies and | ||||||
| 9 | shall be allowed to testify in rebuttal. | ||||||
| 10 | If the court excludes the victim's support person | ||||||
| 11 | during the State's case-in-chief, the victim shall be | ||||||
| 12 | allowed to choose another support person to be present | ||||||
| 13 | in court. | ||||||
| 14 | If the victim fails to designate a support person | ||||||
| 15 | within 60 days of trial and the defendant has | ||||||
| 16 | subpoenaed the support person to testify at trial, the | ||||||
| 17 | court may exclude the support person from the trial | ||||||
| 18 | until the support person testifies. If the court | ||||||
| 19 | excludes the support person the victim may choose | ||||||
| 20 | another person as a support person. | ||||||
| 21 | (9) Right to notice and hearing before disclosure of | ||||||
| 22 | confidential or privileged information or records. | ||||||
| 23 | (A) A defendant who seeks to subpoena testimony or | ||||||
| 24 | records of or concerning the victim that are | ||||||
| 25 | confidential or privileged by law must seek permission | ||||||
| 26 | of the court before the subpoena is issued. The | ||||||
| |||||||
| |||||||
| 1 | defendant must file a written motion and an offer of | ||||||
| 2 | proof regarding the relevance, admissibility and | ||||||
| 3 | materiality of the testimony or records. If the court | ||||||
| 4 | finds by a preponderance of the evidence that: | ||||||
| 5 | (i) the testimony or records are not protected | ||||||
| 6 | by an absolute privilege and | ||||||
| 7 | (ii) the testimony or records contain | ||||||
| 8 | relevant, admissible, and material evidence that | ||||||
| 9 | is not available through other witnesses or | ||||||
| 10 | evidence, the court shall issue a subpoena | ||||||
| 11 | requiring the witness to appear in camera or a | ||||||
| 12 | sealed copy of the records be delivered to the | ||||||
| 13 | court to be reviewed in camera. If, after | ||||||
| 14 | conducting an in camera review of the witness | ||||||
| 15 | statement or records, the court determines that | ||||||
| 16 | due process requires disclosure of any potential | ||||||
| 17 | testimony or any portion of the records, the court | ||||||
| 18 | shall provide copies of the records that it | ||||||
| 19 | intends to disclose to the prosecuting attorney | ||||||
| 20 | and the victim. The prosecuting attorney and the | ||||||
| 21 | victim shall have 30 days to seek appellate review | ||||||
| 22 | before the records are disclosed to the defendant, | ||||||
| 23 | used in any court proceeding, or disclosed to | ||||||
| 24 | anyone or in any way that would subject the | ||||||
| 25 | testimony or records to public review. The | ||||||
| 26 | disclosure of copies of any portion of the | ||||||
| |||||||
| |||||||
| 1 | testimony or records to the prosecuting attorney | ||||||
| 2 | under this Section does not make the records | ||||||
| 3 | subject to discovery or required to be provided to | ||||||
| 4 | the defendant. | ||||||
| 5 | (B) A prosecuting attorney who seeks to subpoena | ||||||
| 6 | information or records concerning the victim that are | ||||||
| 7 | confidential or privileged by law must first request | ||||||
| 8 | the written consent of the crime victim. If the victim | ||||||
| 9 | does not provide such written consent, including where | ||||||
| 10 | necessary the appropriate signed document required for | ||||||
| 11 | waiving privilege, the prosecuting attorney must serve | ||||||
| 12 | the subpoena at least 21 days prior to the date a | ||||||
| 13 | response or appearance is required to allow the | ||||||
| 14 | subject of the subpoena time to file a motion to quash | ||||||
| 15 | or request a hearing. The prosecuting attorney must | ||||||
| 16 | also send a written notice to the victim at least 21 | ||||||
| 17 | days prior to the response date to allow the victim to | ||||||
| 18 | file a motion or request a hearing. The notice to the | ||||||
| 19 | victim shall inform the victim (i) that a subpoena has | ||||||
| 20 | been issued for confidential information or records | ||||||
| 21 | concerning the victim, (ii) that the victim has the | ||||||
| 22 | right to request a hearing prior to the response date | ||||||
| 23 | of the subpoena, and (iii) how to request the hearing. | ||||||
| 24 | The notice to the victim shall also include a copy of | ||||||
| 25 | the subpoena. If requested, a hearing regarding the | ||||||
| 26 | subpoena shall occur before information or records are | ||||||
| |||||||
| |||||||
| 1 | provided to the prosecuting attorney. | ||||||
| 2 | (10) Right to notice of court proceedings. If the | ||||||
| 3 | victim is not present at a court proceeding in which a | ||||||
| 4 | right of the victim is at issue, the court shall ask the | ||||||
| 5 | prosecuting attorney whether the victim was notified of | ||||||
| 6 | the time, place, and purpose of the court proceeding and | ||||||
| 7 | that the victim had a right to be heard at the court | ||||||
| 8 | proceeding. If the court determines that timely notice was | ||||||
| 9 | not given or that the victim was not adequately informed | ||||||
| 10 | of the nature of the court proceeding, the court shall not | ||||||
| 11 | rule on any substantive issues, accept a plea, or impose a | ||||||
| 12 | sentence and shall continue the hearing for the time | ||||||
| 13 | necessary to notify the victim of the time, place and | ||||||
| 14 | nature of the court proceeding. The time between court | ||||||
| 15 | proceedings shall not be attributable to the State under | ||||||
| 16 | Section 103-5 of the Code of Criminal Procedure of 1963. | ||||||
| 17 | (11) Right to timely disposition of the case. A victim | ||||||
| 18 | has the right to timely disposition of the case so as to | ||||||
| 19 | minimize the stress, cost, and inconvenience resulting | ||||||
| 20 | from the victim's involvement in the case. Before ruling | ||||||
| 21 | on a motion to continue trial or other court proceeding, | ||||||
| 22 | the court shall inquire into the circumstances for the | ||||||
| 23 | request for the delay and, if the victim has provided | ||||||
| 24 | written notice of the assertion of the right to a timely | ||||||
| 25 | disposition, and whether the victim objects to the delay. | ||||||
| 26 | If the victim objects, the prosecutor shall inform the | ||||||
| |||||||
| |||||||
| 1 | court of the victim's objections. If the prosecutor has | ||||||
| 2 | not conferred with the victim about the continuance, the | ||||||
| 3 | prosecutor shall inform the court of the attempts to | ||||||
| 4 | confer. If the court finds the attempts of the prosecutor | ||||||
| 5 | to confer with the victim were inadequate to protect the | ||||||
| 6 | victim's right to be heard, the court shall give the | ||||||
| 7 | prosecutor at least 3 but not more than 5 business days to | ||||||
| 8 | confer with the victim. In ruling on a motion to continue, | ||||||
| 9 | the court shall consider the reasons for the requested | ||||||
| 10 | continuance, the number and length of continuances that | ||||||
| 11 | have been granted, the victim's objections and procedures | ||||||
| 12 | to avoid further delays. If a continuance is granted over | ||||||
| 13 | the victim's objection, the court shall specify on the | ||||||
| 14 | record the reasons for the continuance and the procedures | ||||||
| 15 | that have been or will be taken to avoid further delays. | ||||||
| 16 | (12) Right to Restitution. | ||||||
| 17 | (A) If the victim has asserted the right to | ||||||
| 18 | restitution and the amount of restitution is known at | ||||||
| 19 | the time of sentencing, the court shall enter the | ||||||
| 20 | judgment of restitution at the time of sentencing. | ||||||
| 21 | (B) If the victim has asserted the right to | ||||||
| 22 | restitution and the amount of restitution is not known | ||||||
| 23 | at the time of sentencing, the prosecutor shall, | ||||||
| 24 | within 5 days after sentencing, notify the victim what | ||||||
| 25 | information and documentation related to restitution | ||||||
| 26 | is needed and that the information and documentation | ||||||
| |||||||
| |||||||
| 1 | must be provided to the prosecutor within 45 days | ||||||
| 2 | after sentencing. Failure to timely provide | ||||||
| 3 | information and documentation related to restitution | ||||||
| 4 | shall be deemed a waiver of the right to restitution. | ||||||
| 5 | The prosecutor shall file and serve within 60 days | ||||||
| 6 | after sentencing a proposed judgment for restitution | ||||||
| 7 | and a notice that includes information concerning the | ||||||
| 8 | identity of any victims or other persons seeking | ||||||
| 9 | restitution, whether any victim or other person | ||||||
| 10 | expressly declines restitution, the nature and amount | ||||||
| 11 | of any damages together with any supporting | ||||||
| 12 | documentation, a restitution amount recommendation, | ||||||
| 13 | and the names of any co-defendants and their case | ||||||
| 14 | numbers. Within 30 days after receipt of the proposed | ||||||
| 15 | judgment for restitution, the defendant shall file any | ||||||
| 16 | objection to the proposed judgment, a statement of | ||||||
| 17 | grounds for the objection, and a financial statement. | ||||||
| 18 | If the defendant does not file an objection, the court | ||||||
| 19 | may enter the judgment for restitution without further | ||||||
| 20 | proceedings. If the defendant files an objection and | ||||||
| 21 | either party requests a hearing, the court shall | ||||||
| 22 | schedule a hearing. | ||||||
| 23 | (13) Access to presentence reports. | ||||||
| 24 | (A) The victim may request a copy of the | ||||||
| 25 | presentence report prepared under the Unified Code of | ||||||
| 26 | Corrections from the State's Attorney. The State's | ||||||
| |||||||
| |||||||
| 1 | Attorney shall redact the following information before | ||||||
| 2 | providing a copy of the report: | ||||||
| 3 | (i) the defendant's mental history and | ||||||
| 4 | condition; | ||||||
| 5 | (ii) any evaluation prepared under subsection | ||||||
| 6 | (b) or (b-5) of Section 5-3-2; and | ||||||
| 7 | (iii) the name, address, phone number, and | ||||||
| 8 | other personal information about any other victim. | ||||||
| 9 | (B) The State's Attorney or the defendant may | ||||||
| 10 | request the court redact other information in the | ||||||
| 11 | report that may endanger the safety of any person. | ||||||
| 12 | (C) The State's Attorney may orally disclose to | ||||||
| 13 | the victim any of the information that has been | ||||||
| 14 | redacted if there is a reasonable likelihood that the | ||||||
| 15 | information will be stated in court at the sentencing. | ||||||
| 16 | (D) The State's Attorney must advise the victim | ||||||
| 17 | that the victim must maintain the confidentiality of | ||||||
| 18 | the report and other information. Any dissemination of | ||||||
| 19 | the report or information that was not stated at a | ||||||
| 20 | court proceeding constitutes indirect criminal | ||||||
| 21 | contempt of court. | ||||||
| 22 | (14) Appellate relief. If the trial court denies the | ||||||
| 23 | relief requested, the victim, the victim's attorney, or | ||||||
| 24 | the prosecuting attorney may file an appeal within 30 days | ||||||
| 25 | of the trial court's ruling. The trial or appellate court | ||||||
| 26 | may stay the court proceedings if the court finds that a | ||||||
| |||||||
| |||||||
| 1 | stay would not violate a constitutional right of the | ||||||
| 2 | defendant. If the appellate court denies the relief | ||||||
| 3 | sought, the reasons for the denial shall be clearly stated | ||||||
| 4 | in a written opinion. In any appeal in a criminal case, the | ||||||
| 5 | State may assert as error the court's denial of any crime | ||||||
| 6 | victim's right in the proceeding to which the appeal | ||||||
| 7 | relates. | ||||||
| 8 | (15) Limitation on appellate relief. In no case shall | ||||||
| 9 | an appellate court provide a new trial to remedy the | ||||||
| 10 | violation of a victim's right. | ||||||
| 11 | (16) The right to be reasonably protected from the | ||||||
| 12 | accused throughout the criminal justice process and the | ||||||
| 13 | right to have the safety of the victim and the victim's | ||||||
| 14 | family considered in denying or fixing the amount of bail, | ||||||
| 15 | determining whether to release the defendant, and setting | ||||||
| 16 | conditions of release after arrest and conviction. A | ||||||
| 17 | victim of domestic violence, a sexual offense, or stalking | ||||||
| 18 | may request the entry of a protective order under Article | ||||||
| 19 | 112A of the Code of Criminal Procedure of 1963. | ||||||
| 20 | (d) Procedures after the imposition of sentence. | ||||||
| 21 | (1) The Prisoner Review Board shall inform a victim or | ||||||
| 22 | any other
concerned citizen, upon written request, of the | ||||||
| 23 | prisoner's release on parole,
mandatory supervised | ||||||
| 24 | release, electronic detention, work release, international | ||||||
| 25 | transfer or exchange, or by the
custodian, other than the | ||||||
| 26 | Department of Juvenile Justice, of the discharge of any | ||||||
| |||||||
| |||||||
| 1 | individual who was adjudicated a delinquent
for a crime | ||||||
| 2 | from State custody and by the sheriff of the appropriate
| ||||||
| 3 | county of any such person's final discharge from county | ||||||
| 4 | custody.
The Prisoner Review Board, upon written request, | ||||||
| 5 | shall provide to a victim or
any other concerned citizen a | ||||||
| 6 | recent photograph of any person convicted of a
felony, | ||||||
| 7 | upon his or her release from custody.
The Prisoner
Review | ||||||
| 8 | Board, upon written request, shall inform a victim or any | ||||||
| 9 | other
concerned citizen when feasible at least 7 days | ||||||
| 10 | prior to the prisoner's release
on furlough of the times | ||||||
| 11 | and dates of such furlough. Upon written request by
the | ||||||
| 12 | victim or any other concerned citizen, the State's | ||||||
| 13 | Attorney shall notify
the person once of the times and | ||||||
| 14 | dates of release of a prisoner sentenced to
periodic | ||||||
| 15 | imprisonment. Notification shall be based on the most | ||||||
| 16 | recent
information as to victim's or other concerned | ||||||
| 17 | citizen's residence or other
location available to the | ||||||
| 18 | notifying authority.
| ||||||
| 19 | (2) When the defendant has been committed to the | ||||||
| 20 | Department of
Human Services pursuant to Section 5-2-4 or | ||||||
| 21 | any other
provision of the Unified Code of Corrections, | ||||||
| 22 | the victim may request to be
notified by the releasing | ||||||
| 23 | authority of the approval by the court of an on-grounds | ||||||
| 24 | pass, a supervised off-grounds pass, an unsupervised | ||||||
| 25 | off-grounds pass, or conditional release; the release on | ||||||
| 26 | an off-grounds pass; the return from an off-grounds pass; | ||||||
| |||||||
| |||||||
| 1 | transfer to another facility; conditional release; escape; | ||||||
| 2 | death; or final discharge from State
custody. The | ||||||
| 3 | Department of Human Services shall establish and maintain | ||||||
| 4 | a statewide telephone number to be used by victims to make | ||||||
| 5 | notification requests under these provisions and shall | ||||||
| 6 | publicize this telephone number on its website and to the | ||||||
| 7 | State's Attorney of each county.
| ||||||
| 8 | (3) In the event of an escape from State custody, the | ||||||
| 9 | Department of
Corrections or the Department of Juvenile | ||||||
| 10 | Justice immediately shall notify the Prisoner Review Board | ||||||
| 11 | of the escape
and the Prisoner Review Board shall notify | ||||||
| 12 | the victim. The notification shall
be based upon the most | ||||||
| 13 | recent information as to the victim's residence or other
| ||||||
| 14 | location available to the Board. When no such information | ||||||
| 15 | is available, the
Board shall make all reasonable efforts | ||||||
| 16 | to obtain the information and make
the notification. When | ||||||
| 17 | the escapee is apprehended, the Department of
Corrections | ||||||
| 18 | or the Department of Juvenile Justice immediately shall | ||||||
| 19 | notify the Prisoner Review Board and the Board
shall | ||||||
| 20 | notify the victim.
| ||||||
| 21 | (4) The victim of the crime for which the prisoner has | ||||||
| 22 | been sentenced
has the right to register with the Prisoner | ||||||
| 23 | Review Board's victim registry. Victims registered with | ||||||
| 24 | the Board shall receive reasonable written notice not less | ||||||
| 25 | than 30 days prior to the
parole hearing or target | ||||||
| 26 | aftercare release date. The victim has the right to submit | ||||||
| |||||||
| |||||||
| 1 | a victim statement for consideration by the Prisoner | ||||||
| 2 | Review Board or the Department of Juvenile Justice in | ||||||
| 3 | writing, on film, videotape, or other electronic means, or | ||||||
| 4 | in the form of a recording prior to the parole hearing or | ||||||
| 5 | target aftercare release date, or in person at the parole | ||||||
| 6 | hearing or aftercare release protest hearing, or by | ||||||
| 7 | calling the toll-free number established in subsection (f) | ||||||
| 8 | of this Section. The
victim shall be notified within 7 | ||||||
| 9 | days after the prisoner has been granted
parole or | ||||||
| 10 | aftercare release and shall be informed of the right to | ||||||
| 11 | inspect the registry of parole
decisions, established | ||||||
| 12 | under subsection (g) of Section 3-3-5 of the Unified
Code | ||||||
| 13 | of Corrections. The provisions of this paragraph (4) are | ||||||
| 14 | subject to the
Open Parole Hearings Act. Victim statements | ||||||
| 15 | provided to the Board shall be confidential and | ||||||
| 16 | privileged, including any statements received prior to | ||||||
| 17 | January 1, 2020 (the effective date of Public Act 101-288) | ||||||
| 18 | this amendatory Act of the 101st General Assembly, except | ||||||
| 19 | if the statement was an oral statement made by the victim | ||||||
| 20 | at a hearing open to the public.
| ||||||
| 21 | (4-1) The crime victim has the right to submit a | ||||||
| 22 | victim statement for consideration by the Prisoner Review | ||||||
| 23 | Board or the Department of Juvenile Justice prior to or at | ||||||
| 24 | a hearing to determine the conditions of mandatory | ||||||
| 25 | supervised release of a person sentenced to a determinate | ||||||
| 26 | sentence or at a hearing on revocation of mandatory | ||||||
| |||||||
| |||||||
| 1 | supervised release of a person sentenced to a determinate | ||||||
| 2 | sentence. A victim statement may be submitted in writing, | ||||||
| 3 | on film, videotape, or other electronic means, or in the | ||||||
| 4 | form of a recording, or orally at a hearing, or by calling | ||||||
| 5 | the toll-free number established in subsection (f) of this | ||||||
| 6 | Section. Victim statements provided to the Board shall be | ||||||
| 7 | confidential and privileged, including any statements | ||||||
| 8 | received prior to January 1, 2020 (the effective date of | ||||||
| 9 | Public Act 101-288) this amendatory Act of the 101st | ||||||
| 10 | General Assembly, except if the statement was an oral | ||||||
| 11 | statement made by the victim at a hearing open to the | ||||||
| 12 | public. | ||||||
| 13 | (4-2) The crime victim has the right to submit a | ||||||
| 14 | victim statement to the Prisoner Review Board for | ||||||
| 15 | consideration at an executive clemency hearing as provided | ||||||
| 16 | in Section 3-3-13 of the Unified Code of Corrections. A | ||||||
| 17 | victim statement may be submitted in writing, on film, | ||||||
| 18 | videotape, or other electronic means, or in the form of a | ||||||
| 19 | recording prior to a hearing, or orally at a hearing, or by | ||||||
| 20 | calling the toll-free number established in subsection (f) | ||||||
| 21 | of this Section. Victim statements provided to the Board | ||||||
| 22 | shall be confidential and privileged, including any | ||||||
| 23 | statements received prior to January 1, 2020 (the | ||||||
| 24 | effective date of Public Act 101-288) this amendatory Act | ||||||
| 25 | of the 101st General Assembly, except if the statement was | ||||||
| 26 | an oral statement made by the victim at a hearing open to | ||||||
| |||||||
| |||||||
| 1 | the public. | ||||||
| 2 | (5) If a statement is presented under Section 6, the | ||||||
| 3 | Prisoner Review Board or Department of Juvenile Justice
| ||||||
| 4 | shall inform the victim of any order of discharge pursuant
| ||||||
| 5 | to Section 3-2.5-85 or 3-3-8 of the Unified Code of | ||||||
| 6 | Corrections.
| ||||||
| 7 | (6) At the written or oral request of the victim of the | ||||||
| 8 | crime for which the
prisoner was sentenced or the State's | ||||||
| 9 | Attorney of the county where the person seeking parole or | ||||||
| 10 | aftercare release was prosecuted, the Prisoner Review | ||||||
| 11 | Board or Department of Juvenile Justice shall notify the | ||||||
| 12 | victim and the State's Attorney of the county where the | ||||||
| 13 | person seeking parole or aftercare release was prosecuted | ||||||
| 14 | of
the death of the prisoner if the prisoner died while on | ||||||
| 15 | parole or aftercare release or mandatory
supervised | ||||||
| 16 | release.
| ||||||
| 17 | (7) When a defendant who has been committed to the | ||||||
| 18 | Department of
Corrections, the Department of Juvenile | ||||||
| 19 | Justice, or the Department of Human Services is released | ||||||
| 20 | or discharged and
subsequently committed to the Department | ||||||
| 21 | of Human Services as a sexually
violent person and the | ||||||
| 22 | victim had requested to be notified by the releasing
| ||||||
| 23 | authority of the defendant's discharge, conditional | ||||||
| 24 | release, death, or escape from State custody, the | ||||||
| 25 | releasing
authority shall provide to the Department of | ||||||
| 26 | Human Services such information
that would allow the | ||||||
| |||||||
| |||||||
| 1 | Department of Human Services to contact the victim.
| ||||||
| 2 | (8) When a defendant has been convicted of a sex | ||||||
| 3 | offense as defined in Section 2 of the Sex Offender | ||||||
| 4 | Registration Act and has been sentenced to the Department | ||||||
| 5 | of Corrections or the Department of Juvenile Justice, the | ||||||
| 6 | Prisoner Review Board or the Department of Juvenile | ||||||
| 7 | Justice shall notify the victim of the sex offense of the | ||||||
| 8 | prisoner's eligibility for release on parole, aftercare | ||||||
| 9 | release,
mandatory supervised release, electronic | ||||||
| 10 | detention, work release, international transfer or | ||||||
| 11 | exchange, or by the
custodian of the discharge of any | ||||||
| 12 | individual who was adjudicated a delinquent
for a sex | ||||||
| 13 | offense from State custody and by the sheriff of the | ||||||
| 14 | appropriate
county of any such person's final discharge | ||||||
| 15 | from county custody. The notification shall be made to the | ||||||
| 16 | victim at least 30 days, whenever possible, before release | ||||||
| 17 | of the sex offender. | ||||||
| 18 | (e) The officials named in this Section may satisfy some | ||||||
| 19 | or all of their
obligations to provide notices and other | ||||||
| 20 | information through participation in a
statewide victim and | ||||||
| 21 | witness notification system established by the Attorney
| ||||||
| 22 | General under Section 8.5 of this Act.
| ||||||
| 23 | (f) The Prisoner Review Board
shall establish a toll-free | ||||||
| 24 | number that may be accessed by the crime victim to present a | ||||||
| 25 | victim statement to the Board in accordance with paragraphs | ||||||
| 26 | (4), (4-1), and (4-2) of subsection (d).
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20; | ||||||
| 2 | 101-652, eff. 1-1-23; 102-22, eff. 6-25-21; 102-558, eff. | ||||||
| 3 | 8-20-21.)
| ||||||
| 4 | Section 245. The Pretrial Services Act is amended by | ||||||
| 5 | changing Sections 11, 20, 22, and 34 as follows:
| ||||||
| 6 | (725 ILCS 185/11) (from Ch. 38, par. 311)
| ||||||
| 7 | Sec. 11.
No person shall be interviewed by a pretrial | ||||||
| 8 | services agency
unless he or she has first been apprised of the | ||||||
| 9 | identity and purpose of the
interviewer, the scope of the | ||||||
| 10 | interview, the right to secure legal advice,
and the right to | ||||||
| 11 | refuse cooperation. Inquiry of the defendant shall
carefully | ||||||
| 12 | exclude questions concerning the details of the current | ||||||
| 13 | charge.
Statements made by the defendant during the interview, | ||||||
| 14 | or evidence derived
therefrom, are admissible in
evidence only | ||||||
| 15 | when the court is considering the imposition of pretrial or
| ||||||
| 16 | posttrial conditions to bail or recognizance, or when | ||||||
| 17 | considering the
modification of a prior release order.
| ||||||
| 18 | (Source: P.A. 84-1449; 101-652.)
| ||||||
| 19 | (725 ILCS 185/20) (from Ch. 38, par. 320)
| ||||||
| 20 | Sec. 20.
In preparing and presenting its written reports | ||||||
| 21 | under
Sections 17 and 19, pretrial services agencies shall in
| ||||||
| 22 | appropriate cases
include specific recommendations for the | ||||||
| 23 | setting the conditions , increase, or decrease of
pretrial | ||||||
| |||||||
| |||||||
| 1 | release bail; the release of the interviewee on his own | ||||||
| 2 | recognizance in sums
certain; and the imposition of pretrial | ||||||
| 3 | conditions of pretrial release to bail or recognizance
| ||||||
| 4 | designed to minimize the risks of nonappearance, the | ||||||
| 5 | commission of new
offenses while awaiting trial, and other | ||||||
| 6 | potential interference with the
orderly administration of | ||||||
| 7 | justice. In establishing objective internal
criteria of any | ||||||
| 8 | such recommendation policies, the agency may utilize
so-called | ||||||
| 9 | "point scales" for evaluating the aforementioned risks,
but no | ||||||
| 10 | interviewee shall be considered as ineligible for particular | ||||||
| 11 | agency
recommendations by sole reference to such procedures.
| ||||||
| 12 | (Source: P.A. 91-357, eff. 7-29-99; 101-652.)
| ||||||
| 13 | (725 ILCS 185/22) (from Ch. 38, par. 322)
| ||||||
| 14 | Sec. 22.
If so ordered by the court, the pretrial services | ||||||
| 15 | agency
shall prepare and submit for
the court's approval and | ||||||
| 16 | signature a uniform release order on the uniform
form | ||||||
| 17 | established by the Supreme Court in all
cases where an | ||||||
| 18 | interviewee may be released from custody under conditions
| ||||||
| 19 | contained in an agency report. Such conditions shall become | ||||||
| 20 | part of the
conditions of pretrial release the bail bond. A | ||||||
| 21 | copy of the uniform release order shall
be provided to the | ||||||
| 22 | defendant and defendant's attorney of record, and the | ||||||
| 23 | prosecutor.
| ||||||
| 24 | (Source: P.A. 84-1449; 101-652.)
| ||||||
| |||||||
| |||||||
| 1 | (725 ILCS 185/34) | ||||||
| 2 | Sec. 34. Probation and court services departments | ||||||
| 3 | considered pretrial services agencies. For the purposes of | ||||||
| 4 | administering the provisions of Public Act 95-773, known as | ||||||
| 5 | the Cindy Bischof Law, all probation and court services | ||||||
| 6 | departments are to be considered pretrial services agencies | ||||||
| 7 | under this Act and under the pretrial release bail bond | ||||||
| 8 | provisions of the Code of Criminal Procedure of 1963.
| ||||||
| 9 | (Source: P.A. 96-341, eff. 8-11-09; 101-652.)
| ||||||
| 10 | Section 250. The Quasi-criminal and Misdemeanor Bail Act | ||||||
| 11 | is amended by changing the title of the Act and Sections 0.01, | ||||||
| 12 | 1, 2, 3, and 5 as follows:
| ||||||
| 13 | (725 ILCS 195/Act title)
| ||||||
| 14 | An Act to authorize designated officers
to let persons | ||||||
| 15 | charged with quasi-criminal offenses and misdemeanors to
| ||||||
| 16 | pretrial release bail and to accept and receipt for fines on | ||||||
| 17 | pleas of guilty in minor
offenses, in accordance with | ||||||
| 18 | schedules established by rule of court.
| ||||||
| 19 | (725 ILCS 195/0.01) (from Ch. 16, par. 80)
| ||||||
| 20 | Sec. 0.01. Short title. This Act may be cited as the
| ||||||
| 21 | Quasi-criminal and Misdemeanor Pretrial Release Bail Act.
| ||||||
| 22 | (Source: P.A. 86-1324; 101-652.)
| ||||||
| |||||||
| |||||||
| 1 | (725 ILCS 195/1) (from Ch. 16, par. 81)
| ||||||
| 2 | Sec. 1.
Whenever in any circuit there shall be in force a | ||||||
| 3 | rule or
order of the Supreme Court establishing a uniform form | ||||||
| 4 | schedule prescribing
the conditions of pretrial release | ||||||
| 5 | amounts of bail for specified conservation cases, traffic | ||||||
| 6 | cases,
quasi-criminal offenses and misdemeanors, any general | ||||||
| 7 | superintendent,
chief, captain, lieutenant, or sergeant of | ||||||
| 8 | police, or other police
officer, the sheriff, the circuit | ||||||
| 9 | clerk, and any deputy sheriff or
deputy circuit clerk | ||||||
| 10 | designated by the Circuit Court for the purpose,
are | ||||||
| 11 | authorized to let to pretrial release bail any person charged | ||||||
| 12 | with a quasi-criminal
offense or misdemeanor and to accept and | ||||||
| 13 | receipt for bonds or cash bail
in accordance with regulations | ||||||
| 14 | established by rule or order of the
Supreme Court. Unless | ||||||
| 15 | otherwise provided by Supreme Court Rule, no such
bail may be | ||||||
| 16 | posted or accepted in any place other
than a police station, | ||||||
| 17 | sheriff's office or jail, or other county,
municipal or other | ||||||
| 18 | building housing governmental units, or a division
| ||||||
| 19 | headquarters building of the Illinois State Police. Bonds and | ||||||
| 20 | cash so
received shall be delivered to the office of the | ||||||
| 21 | circuit clerk or that
of his designated deputy as provided by | ||||||
| 22 | regulation. Such cash and
securities so received shall be | ||||||
| 23 | delivered to the office of such clerk or
deputy clerk within at | ||||||
| 24 | least 48 hours of receipt or within the time set
for the | ||||||
| 25 | accused's appearance in court whichever is earliest.
| ||||||
| 26 | In all cases where a person is admitted to bail under a | ||||||
| |||||||
| |||||||
| 1 | uniform
schedule prescribing the amount of bail for specified | ||||||
| 2 | conservation
cases, traffic cases, quasi-criminal offenses and | ||||||
| 3 | misdemeanors the
provisions of Section 110-15 of the "Code of | ||||||
| 4 | Criminal Procedure of
1963", approved August 14, 1963, as | ||||||
| 5 | amended by the 75th General Assembly
shall be applicable.
| ||||||
| 6 | (Source: P.A. 80-897; 101-652.)
| ||||||
| 7 | (725 ILCS 195/2) (from Ch. 16, par. 82)
| ||||||
| 8 | Sec. 2.
The conditions of the pretrial release bail bond | ||||||
| 9 | or deposit of cash bail shall be
that the accused will appear | ||||||
| 10 | to answer the charge in court at a time and
place specified in | ||||||
| 11 | the pretrial release form bond and thereafter as ordered by | ||||||
| 12 | the court until
discharged on final order of the court and to | ||||||
| 13 | submit himself to the orders
and process of the court. The | ||||||
| 14 | accused shall be furnished with an official
receipt on a form | ||||||
| 15 | prescribed by rule of court for any cash or other
security | ||||||
| 16 | deposited, and shall receive a copy of the pretrial release | ||||||
| 17 | form bond specifying the
time and place of his court | ||||||
| 18 | appearance.
| ||||||
| 19 | Upon performance of the conditions of the pretrial release | ||||||
| 20 | bond, the pretrial release form bond shall be null
and void and | ||||||
| 21 | the accused shall be released from the conditions of pretrial | ||||||
| 22 | release any cash bail or other security shall be returned to | ||||||
| 23 | the
accused.
| ||||||
| 24 | (Source: Laws 1963, p. 2652; P.A. 101-652.)
| ||||||
| |||||||
| |||||||
| 1 | (725 ILCS 195/3) (from Ch. 16, par. 83)
| ||||||
| 2 | Sec. 3.
In lieu of complying with the conditions of | ||||||
| 3 | pretrial release making bond or depositing cash bail as | ||||||
| 4 | provided in this Act
or the deposit of other security | ||||||
| 5 | authorized by law, any accused person has
the right to be | ||||||
| 6 | brought without unnecessary delay before the nearest or
most | ||||||
| 7 | accessible judge of the circuit to be dealt with according to | ||||||
| 8 | law.
| ||||||
| 9 | (Source: P.A. 77-1248; 101-652.)
| ||||||
| 10 | (725 ILCS 195/5) (from Ch. 16, par. 85)
| ||||||
| 11 | Sec. 5.
Any person authorized to accept pretrial release | ||||||
| 12 | bail or pleas of guilty by this Act who
violates any provision | ||||||
| 13 | of this Act is guilty of a Class B misdemeanor.
| ||||||
| 14 | (Source: P.A. 77-2319; 101-652.)
| ||||||
| 15 | Section 255. The Unified Code of Corrections is amended by | ||||||
| 16 | changing Sections 5-3-2, 5-5-3.2, 5-6-4, 5-6-4.1, 5-8A-7, and | ||||||
| 17 | 8-2-1 as follows:
| ||||||
| 18 | (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
| ||||||
| 19 | (Text of Section before amendment by P.A. 101-652)
| ||||||
| 20 | Sec. 5-3-2. Presentence report.
| ||||||
| 21 | (a) In felony cases, the presentence
report shall set | ||||||
| 22 | forth:
| ||||||
| 23 | (1) the defendant's history of delinquency or | ||||||
| |||||||
| |||||||
| 1 | criminality,
physical and mental history and condition, | ||||||
| 2 | family situation and
background, economic status, | ||||||
| 3 | education, occupation and personal habits;
| ||||||
| 4 | (2) information about special resources within the | ||||||
| 5 | community
which might be available to assist the | ||||||
| 6 | defendant's rehabilitation,
including treatment centers, | ||||||
| 7 | residential facilities, vocational
training services, | ||||||
| 8 | correctional manpower programs, employment
opportunities, | ||||||
| 9 | special educational programs, alcohol and drug
abuse | ||||||
| 10 | programming, psychiatric and marriage counseling, and | ||||||
| 11 | other
programs and facilities which could aid the | ||||||
| 12 | defendant's successful
reintegration into society;
| ||||||
| 13 | (3) the effect the offense committed has had upon the | ||||||
| 14 | victim or
victims thereof, and any compensatory benefit | ||||||
| 15 | that various
sentencing alternatives would confer on such | ||||||
| 16 | victim or victims;
| ||||||
| 17 | (3.5) information provided by the victim's spouse, | ||||||
| 18 | guardian, parent, grandparent, and other immediate family | ||||||
| 19 | and household members about the effect the offense | ||||||
| 20 | committed has had on the victim and on the person | ||||||
| 21 | providing the information; if the victim's spouse, | ||||||
| 22 | guardian, parent, grandparent, or other immediate family | ||||||
| 23 | or household member has provided a written statement, the | ||||||
| 24 | statement shall be attached to the report; | ||||||
| 25 | (4) information concerning the defendant's status | ||||||
| 26 | since arrest,
including his record if released on his own | ||||||
| |||||||
| |||||||
| 1 | recognizance, or the
defendant's achievement record if | ||||||
| 2 | released on a conditional
pre-trial supervision program;
| ||||||
| 3 | (5) when appropriate, a plan, based upon the personal, | ||||||
| 4 | economic
and social adjustment needs of the defendant, | ||||||
| 5 | utilizing public and
private community resources as an | ||||||
| 6 | alternative to institutional
sentencing;
| ||||||
| 7 | (6) any other matters that the investigatory officer | ||||||
| 8 | deems
relevant or the court directs to be included;
| ||||||
| 9 | (7) information concerning the defendant's eligibility | ||||||
| 10 | for a sentence to a
county impact incarceration program | ||||||
| 11 | under Section 5-8-1.2 of this Code; and
| ||||||
| 12 | (8) information concerning the defendant's eligibility | ||||||
| 13 | for a sentence to an impact incarceration program | ||||||
| 14 | administered by the Department under Section 5-8-1.1. | ||||||
| 15 | (b) The investigation shall include a physical and mental
| ||||||
| 16 | examination of the defendant when so ordered by the court. If
| ||||||
| 17 | the court determines that such an examination should be made, | ||||||
| 18 | it
shall issue an order that the defendant submit to | ||||||
| 19 | examination at
such time and place as designated by the court | ||||||
| 20 | and that such
examination be conducted by a physician, | ||||||
| 21 | psychologist or
psychiatrist designated by the court. Such an | ||||||
| 22 | examination may
be conducted in a court clinic if so ordered by | ||||||
| 23 | the court. The
cost of such examination shall be paid by the | ||||||
| 24 | county in which
the trial is held.
| ||||||
| 25 | (b-5) In cases involving felony sex offenses in which the | ||||||
| 26 | offender is being considered for probation only or any felony | ||||||
| |||||||
| |||||||
| 1 | offense that is
sexually motivated as defined in the Sex | ||||||
| 2 | Offender Management Board Act in which the offender is being | ||||||
| 3 | considered for probation only, the
investigation shall include | ||||||
| 4 | a sex offender evaluation by an evaluator approved
by the | ||||||
| 5 | Board and conducted in conformance with the standards | ||||||
| 6 | developed under
the Sex Offender Management Board Act. In | ||||||
| 7 | cases in which the offender is being considered for any | ||||||
| 8 | mandatory prison sentence, the investigation shall not include | ||||||
| 9 | a sex offender evaluation.
| ||||||
| 10 | (c) In misdemeanor, business offense or petty offense | ||||||
| 11 | cases, except as
specified in subsection (d) of this Section, | ||||||
| 12 | when a presentence report has
been ordered by the court, such | ||||||
| 13 | presentence report shall contain
information on the | ||||||
| 14 | defendant's history of delinquency or criminality and
shall | ||||||
| 15 | further contain only those matters listed in any of paragraphs | ||||||
| 16 | (1)
through (6) of subsection (a) or in subsection (b) of this | ||||||
| 17 | Section as are
specified by the court in its order for the | ||||||
| 18 | report.
| ||||||
| 19 | (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or | ||||||
| 20 | 12-30 of the Criminal
Code of 1961 or the Criminal Code of | ||||||
| 21 | 2012, the presentence report shall set forth
information about | ||||||
| 22 | alcohol, drug abuse, psychiatric, and marriage counseling
or | ||||||
| 23 | other treatment programs and facilities, information on the | ||||||
| 24 | defendant's
history of delinquency or criminality, and shall | ||||||
| 25 | contain those additional
matters listed in any of paragraphs | ||||||
| 26 | (1) through (6) of subsection (a) or in
subsection (b) of this | ||||||
| |||||||
| |||||||
| 1 | Section as are specified by the court.
| ||||||
| 2 | (e) Nothing in this Section shall cause the defendant to | ||||||
| 3 | be
held without bail or to have his bail revoked for the | ||||||
| 4 | purpose
of preparing the presentence report or making an | ||||||
| 5 | examination.
| ||||||
| 6 | (Source: P.A. 101-105, eff. 1-1-20; 102-558, eff. 8-20-21.)
| ||||||
| 7 | (Text of Section after amendment by P.A. 101-652) | ||||||
| 8 | Sec. 5-3-2. Presentence report.
| ||||||
| 9 | (a) In felony cases, the presentence
report shall set | ||||||
| 10 | forth:
| ||||||
| 11 | (1) the defendant's history of delinquency or | ||||||
| 12 | criminality,
physical and mental history and condition, | ||||||
| 13 | family situation and
background, economic status, | ||||||
| 14 | education, occupation and personal habits;
| ||||||
| 15 | (2) information about special resources within the | ||||||
| 16 | community
which might be available to assist the | ||||||
| 17 | defendant's rehabilitation,
including treatment centers, | ||||||
| 18 | residential facilities, vocational
training services, | ||||||
| 19 | correctional manpower programs, employment
opportunities, | ||||||
| 20 | special educational programs, alcohol and drug
abuse | ||||||
| 21 | programming, psychiatric and marriage counseling, and | ||||||
| 22 | other
programs and facilities which could aid the | ||||||
| 23 | defendant's successful
reintegration into society;
| ||||||
| 24 | (3) the effect the offense committed has had upon the | ||||||
| 25 | victim or
victims thereof, and any compensatory benefit | ||||||
| |||||||
| |||||||
| 1 | that various
sentencing alternatives would confer on such | ||||||
| 2 | victim or victims;
| ||||||
| 3 | (3.5) information provided by the victim's spouse, | ||||||
| 4 | guardian, parent, grandparent, and other immediate family | ||||||
| 5 | and household members about the effect the offense | ||||||
| 6 | committed has had on the victim and on the person | ||||||
| 7 | providing the information; if the victim's spouse, | ||||||
| 8 | guardian, parent, grandparent, or other immediate family | ||||||
| 9 | or household member has provided a written statement, the | ||||||
| 10 | statement shall be attached to the report; | ||||||
| 11 | (4) information concerning the defendant's status | ||||||
| 12 | since arrest,
including his record if released on his own | ||||||
| 13 | recognizance, or the
defendant's achievement record if | ||||||
| 14 | released on a conditional
pre-trial supervision program;
| ||||||
| 15 | (5) when appropriate, a plan, based upon the personal, | ||||||
| 16 | economic
and social adjustment needs of the defendant, | ||||||
| 17 | utilizing public and
private community resources as an | ||||||
| 18 | alternative to institutional
sentencing;
| ||||||
| 19 | (6) any other matters that the investigatory officer | ||||||
| 20 | deems
relevant or the court directs to be included;
| ||||||
| 21 | (7) information concerning the defendant's eligibility | ||||||
| 22 | for a sentence to a
county impact incarceration program | ||||||
| 23 | under Section 5-8-1.2 of this Code; and
| ||||||
| 24 | (8) information concerning the defendant's eligibility | ||||||
| 25 | for a sentence to an impact incarceration program | ||||||
| 26 | administered by the Department under Section 5-8-1.1. | ||||||
| |||||||
| |||||||
| 1 | (b) The investigation shall include a physical and mental
| ||||||
| 2 | examination of the defendant when so ordered by the court. If
| ||||||
| 3 | the court determines that such an examination should be made, | ||||||
| 4 | it
shall issue an order that the defendant submit to | ||||||
| 5 | examination at
such time and place as designated by the court | ||||||
| 6 | and that such
examination be conducted by a physician, | ||||||
| 7 | psychologist or
psychiatrist designated by the court. Such an | ||||||
| 8 | examination may
be conducted in a court clinic if so ordered by | ||||||
| 9 | the court. The
cost of such examination shall be paid by the | ||||||
| 10 | county in which
the trial is held.
| ||||||
| 11 | (b-5) In cases involving felony sex offenses in which the | ||||||
| 12 | offender is being considered for probation only or any felony | ||||||
| 13 | offense that is
sexually motivated as defined in the Sex | ||||||
| 14 | Offender Management Board Act in which the offender is being | ||||||
| 15 | considered for probation only, the
investigation shall include | ||||||
| 16 | a sex offender evaluation by an evaluator approved
by the | ||||||
| 17 | Board and conducted in conformance with the standards | ||||||
| 18 | developed under
the Sex Offender Management Board Act. In | ||||||
| 19 | cases in which the offender is being considered for any | ||||||
| 20 | mandatory prison sentence, the investigation shall not include | ||||||
| 21 | a sex offender evaluation.
| ||||||
| 22 | (c) In misdemeanor, business offense or petty offense | ||||||
| 23 | cases, except as
specified in subsection (d) of this Section, | ||||||
| 24 | when a presentence report has
been ordered by the court, such | ||||||
| 25 | presentence report shall contain
information on the | ||||||
| 26 | defendant's history of delinquency or criminality and
shall | ||||||
| |||||||
| |||||||
| 1 | further contain only those matters listed in any of paragraphs | ||||||
| 2 | (1)
through (6) of subsection (a) or in subsection (b) of this | ||||||
| 3 | Section as are
specified by the court in its order for the | ||||||
| 4 | report.
| ||||||
| 5 | (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or | ||||||
| 6 | 12-30 of the Criminal
Code of 1961 or the Criminal Code of | ||||||
| 7 | 2012, the presentence report shall set forth
information about | ||||||
| 8 | alcohol, drug abuse, psychiatric, and marriage counseling
or | ||||||
| 9 | other treatment programs and facilities, information on the | ||||||
| 10 | defendant's
history of delinquency or criminality, and shall | ||||||
| 11 | contain those additional
matters listed in any of paragraphs | ||||||
| 12 | (1) through (6) of subsection (a) or in
subsection (b) of this | ||||||
| 13 | Section as are specified by the court.
| ||||||
| 14 | (e) Nothing in this Section shall cause the defendant to | ||||||
| 15 | be
held without pretrial release bail or to have his pretrial | ||||||
| 16 | release bail revoked for the purpose
of preparing the | ||||||
| 17 | presentence report or making an examination.
| ||||||
| 18 | (Source: P.A. 101-105, eff. 1-1-20; 101-652, eff. 1-1-23; | ||||||
| 19 | 102-558, eff. 8-20-21.)
| ||||||
| 20 | (730 ILCS 5/5-5-3.2)
| ||||||
| 21 | (Text of Section before amendment by P.A. 101-652) | ||||||
| 22 | Sec. 5-5-3.2. Factors in aggravation and extended-term | ||||||
| 23 | sentencing.
| ||||||
| 24 | (a) The following factors shall be accorded weight in | ||||||
| 25 | favor of
imposing a term of imprisonment or may be considered | ||||||
| |||||||
| |||||||
| 1 | by the court as reasons
to impose a more severe sentence under | ||||||
| 2 | Section 5-8-1 or Article 4.5 of Chapter V:
| ||||||
| 3 | (1) the defendant's conduct caused or threatened | ||||||
| 4 | serious harm;
| ||||||
| 5 | (2) the defendant received compensation for committing | ||||||
| 6 | the offense;
| ||||||
| 7 | (3) the defendant has a history of prior delinquency | ||||||
| 8 | or criminal activity;
| ||||||
| 9 | (4) the defendant, by the duties of his office or by | ||||||
| 10 | his position,
was obliged to prevent the particular | ||||||
| 11 | offense committed or to bring
the offenders committing it | ||||||
| 12 | to justice;
| ||||||
| 13 | (5) the defendant held public office at the time of | ||||||
| 14 | the offense,
and the offense related to the conduct of | ||||||
| 15 | that office;
| ||||||
| 16 | (6) the defendant utilized his professional reputation | ||||||
| 17 | or
position in the community to commit the offense, or to | ||||||
| 18 | afford
him an easier means of committing it;
| ||||||
| 19 | (7) the sentence is necessary to deter others from | ||||||
| 20 | committing
the same crime;
| ||||||
| 21 | (8) the defendant committed the offense against a | ||||||
| 22 | person 60 years of age
or older or such person's property;
| ||||||
| 23 | (9) the defendant committed the offense against a | ||||||
| 24 | person who has a physical disability or such person's | ||||||
| 25 | property;
| ||||||
| 26 | (10) by reason of another individual's actual or | ||||||
| |||||||
| |||||||
| 1 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
| 2 | sexual orientation, physical or mental
disability, or | ||||||
| 3 | national origin, the defendant committed the offense | ||||||
| 4 | against (i)
the person or property
of that individual; | ||||||
| 5 | (ii) the person or property of a person who has an
| ||||||
| 6 | association with, is married to, or has a friendship with | ||||||
| 7 | the other individual;
or (iii) the person or property of a | ||||||
| 8 | relative (by blood or marriage) of a
person described in | ||||||
| 9 | clause (i) or (ii). For the purposes of this Section,
| ||||||
| 10 | "sexual orientation" has the meaning ascribed to it in | ||||||
| 11 | paragraph (O-1) of Section 1-103 of the Illinois Human | ||||||
| 12 | Rights Act;
| ||||||
| 13 | (11) the offense took place in a place of worship or on | ||||||
| 14 | the
grounds of a place of worship, immediately prior to, | ||||||
| 15 | during or immediately
following worship services. For | ||||||
| 16 | purposes of this subparagraph, "place of
worship" shall | ||||||
| 17 | mean any church, synagogue or other building, structure or
| ||||||
| 18 | place used primarily for religious worship;
| ||||||
| 19 | (12) the defendant was convicted of a felony committed | ||||||
| 20 | while he was
released on bail or his own recognizance | ||||||
| 21 | pending trial for a prior felony
and was convicted of such | ||||||
| 22 | prior felony, or the defendant was convicted of a
felony | ||||||
| 23 | committed while he was serving a period of probation,
| ||||||
| 24 | conditional discharge, or mandatory supervised release | ||||||
| 25 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
| 26 | (13) the defendant committed or attempted to commit a | ||||||
| |||||||
| |||||||
| 1 | felony while he
was wearing a bulletproof vest. For the | ||||||
| 2 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
| 3 | device which is designed for the purpose of
protecting the | ||||||
| 4 | wearer from bullets, shot or other lethal projectiles;
| ||||||
| 5 | (14) the defendant held a position of trust or | ||||||
| 6 | supervision such as, but
not limited to, family member as | ||||||
| 7 | defined in Section 11-0.1 of the Criminal Code
of 2012, | ||||||
| 8 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
| 9 | relation to a victim under 18 years of age, and the | ||||||
| 10 | defendant committed an
offense in violation of Section | ||||||
| 11 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
| 12 | 11-14.4 except for an offense that involves keeping a | ||||||
| 13 | place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| ||||||
| 14 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
| 15 | or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 16 | of 2012
against
that victim;
| ||||||
| 17 | (15) the defendant committed an offense related to the | ||||||
| 18 | activities of an
organized gang. For the purposes of this | ||||||
| 19 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
| 20 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
| 21 | Act;
| ||||||
| 22 | (16) the defendant committed an offense in violation | ||||||
| 23 | of one of the
following Sections while in a school, | ||||||
| 24 | regardless of the time of day or time of
year; on any | ||||||
| 25 | conveyance owned, leased, or contracted by a school to | ||||||
| 26 | transport
students to or from school or a school related | ||||||
| |||||||
| |||||||
| 1 | activity; on the real property
of a school; or on a public | ||||||
| 2 | way within 1,000 feet of the real property
comprising any | ||||||
| 3 | school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, | ||||||
| 4 | 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, | ||||||
| 5 | 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, | ||||||
| 6 | 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, | ||||||
| 7 | 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except | ||||||
| 8 | for subdivision (a)(4) or (g)(1), of the Criminal Code of
| ||||||
| 9 | 1961 or the Criminal Code of 2012;
| ||||||
| 10 | (16.5) the defendant committed an offense in violation | ||||||
| 11 | of one of the
following Sections while in a day care | ||||||
| 12 | center, regardless of the time of day or
time of year; on | ||||||
| 13 | the real property of a day care center, regardless of the | ||||||
| 14 | time
of day or time of year; or on a public
way within | ||||||
| 15 | 1,000 feet of the real property comprising any day care | ||||||
| 16 | center,
regardless of the time of day or time of year:
| ||||||
| 17 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
| 18 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
| 19 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
| 20 | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
| 21 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
| 22 | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the | ||||||
| 23 | Criminal Code of 2012;
| ||||||
| 24 | (17) the defendant committed the offense by reason of | ||||||
| 25 | any person's
activity as a community policing volunteer or | ||||||
| 26 | to prevent any person from
engaging in activity as a | ||||||
| |||||||
| |||||||
| 1 | community policing volunteer. For the purpose of
this | ||||||
| 2 | Section, "community policing volunteer" has the meaning | ||||||
| 3 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
| 4 | 2012;
| ||||||
| 5 | (18) the defendant committed the offense in a nursing | ||||||
| 6 | home or on the
real
property comprising a nursing home. | ||||||
| 7 | For the purposes of this paragraph (18),
"nursing home" | ||||||
| 8 | means a skilled nursing
or intermediate long term care | ||||||
| 9 | facility that is subject to license by the
Illinois | ||||||
| 10 | Department of Public Health under the Nursing Home Care
| ||||||
| 11 | Act, the Specialized Mental Health Rehabilitation Act of | ||||||
| 12 | 2013, the ID/DD Community Care Act, or the MC/DD Act;
| ||||||
| 13 | (19) the defendant was a federally licensed firearm | ||||||
| 14 | dealer
and
was
previously convicted of a violation of | ||||||
| 15 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
| 16 | Identification Card Act and has now committed either a | ||||||
| 17 | felony
violation
of the Firearm Owners Identification Card | ||||||
| 18 | Act or an act of armed violence while
armed
with a firearm; | ||||||
| 19 | (20) the defendant (i) committed the offense of | ||||||
| 20 | reckless homicide under Section 9-3 of the Criminal Code | ||||||
| 21 | of 1961 or the Criminal Code of 2012 or the offense of | ||||||
| 22 | driving under the influence of alcohol, other drug or
| ||||||
| 23 | drugs, intoxicating compound or compounds or any | ||||||
| 24 | combination thereof under Section 11-501 of the Illinois | ||||||
| 25 | Vehicle Code or a similar provision of a local ordinance | ||||||
| 26 | and (ii) was operating a motor vehicle in excess of 20 | ||||||
| |||||||
| |||||||
| 1 | miles per hour over the posted speed limit as provided in | ||||||
| 2 | Article VI of Chapter 11 of the Illinois Vehicle Code;
| ||||||
| 3 | (21) the defendant (i) committed the offense of | ||||||
| 4 | reckless driving or aggravated reckless driving under | ||||||
| 5 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
| 6 | operating a motor vehicle in excess of 20 miles per hour | ||||||
| 7 | over the posted speed limit as provided in Article VI of | ||||||
| 8 | Chapter 11 of the Illinois Vehicle Code; | ||||||
| 9 | (22) the defendant committed the offense against a | ||||||
| 10 | person that the defendant knew, or reasonably should have | ||||||
| 11 | known, was a member of the Armed Forces of the United | ||||||
| 12 | States serving on active duty. For purposes of this clause | ||||||
| 13 | (22), the term "Armed Forces" means any of the Armed | ||||||
| 14 | Forces of the United States, including a member of any | ||||||
| 15 | reserve component thereof or National Guard unit called to | ||||||
| 16 | active duty;
| ||||||
| 17 | (23)
the defendant committed the offense against a | ||||||
| 18 | person who was elderly or infirm or who was a person with a | ||||||
| 19 | disability by taking advantage of a family or fiduciary | ||||||
| 20 | relationship with the elderly or infirm person or person | ||||||
| 21 | with a disability;
| ||||||
| 22 | (24)
the defendant committed any offense under Section | ||||||
| 23 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 24 | of 2012 and possessed 100 or more images;
| ||||||
| 25 | (25) the defendant committed the offense while the | ||||||
| 26 | defendant or the victim was in a train, bus, or other | ||||||
| |||||||
| |||||||
| 1 | vehicle used for public transportation; | ||||||
| 2 | (26) the defendant committed the offense of child | ||||||
| 3 | pornography or aggravated child pornography, specifically | ||||||
| 4 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
| 5 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
| 6 | 1961 or the Criminal Code of 2012 where a child engaged in, | ||||||
| 7 | solicited for, depicted in, or posed in any act of sexual | ||||||
| 8 | penetration or bound, fettered, or subject to sadistic, | ||||||
| 9 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
| 10 | and specifically including paragraph (1), (2), (3), (4), | ||||||
| 11 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
| 12 | Section 11-20.3 of the Criminal Code of 1961 where a child | ||||||
| 13 | engaged in, solicited for, depicted in, or posed in any | ||||||
| 14 | act of sexual penetration or bound, fettered, or subject | ||||||
| 15 | to sadistic, masochistic, or sadomasochistic abuse in a | ||||||
| 16 | sexual context; | ||||||
| 17 | (27) the defendant committed the offense of first | ||||||
| 18 | degree murder, assault, aggravated assault, battery, | ||||||
| 19 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
| 20 | robbery against a person who was a veteran and the | ||||||
| 21 | defendant knew, or reasonably should have known, that the | ||||||
| 22 | person was a veteran performing duties as a representative | ||||||
| 23 | of a veterans' organization. For the purposes of this | ||||||
| 24 | paragraph (27), "veteran" means an Illinois resident who | ||||||
| 25 | has served as a member of the United States Armed Forces, a | ||||||
| 26 | member of the Illinois National Guard, or a member of the | ||||||
| |||||||
| |||||||
| 1 | United States Reserve Forces; and "veterans' organization" | ||||||
| 2 | means an organization comprised of members of
which | ||||||
| 3 | substantially all are individuals who are veterans or | ||||||
| 4 | spouses,
widows, or widowers of veterans, the primary | ||||||
| 5 | purpose of which is to
promote the welfare of its members | ||||||
| 6 | and to provide assistance to the general
public in such a | ||||||
| 7 | way as to confer a public benefit; | ||||||
| 8 | (28) the defendant committed the offense of assault, | ||||||
| 9 | aggravated assault, battery, aggravated battery, robbery, | ||||||
| 10 | armed robbery, or aggravated robbery against a person that | ||||||
| 11 | the defendant knew or reasonably should have known was a | ||||||
| 12 | letter carrier or postal worker while that person was | ||||||
| 13 | performing his or her duties delivering mail for the | ||||||
| 14 | United States Postal Service; | ||||||
| 15 | (29) the defendant committed the offense of criminal | ||||||
| 16 | sexual assault, aggravated criminal sexual assault, | ||||||
| 17 | criminal sexual abuse, or aggravated criminal sexual abuse | ||||||
| 18 | against a victim with an intellectual disability, and the | ||||||
| 19 | defendant holds a position of trust, authority, or | ||||||
| 20 | supervision in relation to the victim; | ||||||
| 21 | (30) the defendant committed the offense of promoting | ||||||
| 22 | juvenile prostitution, patronizing a prostitute, or | ||||||
| 23 | patronizing a minor engaged in prostitution and at the | ||||||
| 24 | time of the commission of the offense knew that the | ||||||
| 25 | prostitute or minor engaged in prostitution was in the | ||||||
| 26 | custody or guardianship of the Department of Children and | ||||||
| |||||||
| |||||||
| 1 | Family Services; | ||||||
| 2 | (31) the defendant (i) committed the offense of | ||||||
| 3 | driving while under the influence of alcohol, other drug | ||||||
| 4 | or drugs, intoxicating compound or compounds or any | ||||||
| 5 | combination thereof in violation of Section 11-501 of the | ||||||
| 6 | Illinois Vehicle Code or a similar provision of a local | ||||||
| 7 | ordinance and (ii) the defendant during the commission of | ||||||
| 8 | the offense was driving his or her vehicle upon a roadway | ||||||
| 9 | designated for one-way traffic in the opposite direction | ||||||
| 10 | of the direction indicated by official traffic control | ||||||
| 11 | devices; | ||||||
| 12 | (32) the defendant committed the offense of reckless | ||||||
| 13 | homicide while committing a violation of Section 11-907 of | ||||||
| 14 | the Illinois Vehicle Code; | ||||||
| 15 | (33) the defendant was found guilty of an | ||||||
| 16 | administrative infraction related to an act or acts of | ||||||
| 17 | public indecency or sexual misconduct in the penal | ||||||
| 18 | institution. In this paragraph (33), "penal institution" | ||||||
| 19 | has the same meaning as in Section 2-14 of the Criminal | ||||||
| 20 | Code of 2012; or | ||||||
| 21 | (34) the defendant committed the offense of leaving | ||||||
| 22 | the scene of an accident in violation of subsection (b) of | ||||||
| 23 | Section 11-401 of the Illinois Vehicle Code and the | ||||||
| 24 | accident resulted in the death of a person and at the time | ||||||
| 25 | of the offense, the defendant was: (i) driving under the | ||||||
| 26 | influence of alcohol, other drug or drugs, intoxicating | ||||||
| |||||||
| |||||||
| 1 | compound or compounds or any combination thereof as | ||||||
| 2 | defined by Section 11-501 of the Illinois Vehicle Code; or | ||||||
| 3 | (ii) operating the motor vehicle while using an electronic | ||||||
| 4 | communication device as defined in Section 12-610.2 of the | ||||||
| 5 | Illinois Vehicle Code. | ||||||
| 6 | For the purposes of this Section:
| ||||||
| 7 | "School" is defined as a public or private
elementary or | ||||||
| 8 | secondary school, community college, college, or university.
| ||||||
| 9 | "Day care center" means a public or private State | ||||||
| 10 | certified and
licensed day care center as defined in Section | ||||||
| 11 | 2.09 of the Child Care Act of
1969 that displays a sign in | ||||||
| 12 | plain view stating that the
property is a day care center.
| ||||||
| 13 | "Intellectual disability" means significantly subaverage | ||||||
| 14 | intellectual functioning which exists concurrently
with | ||||||
| 15 | impairment in adaptive behavior. | ||||||
| 16 | "Public transportation" means the transportation
or | ||||||
| 17 | conveyance of persons by means available to the general | ||||||
| 18 | public, and includes paratransit services. | ||||||
| 19 | "Traffic control devices" means all signs, signals, | ||||||
| 20 | markings, and devices that conform to the Illinois Manual on | ||||||
| 21 | Uniform Traffic Control Devices, placed or erected by | ||||||
| 22 | authority of a public body or official having jurisdiction, | ||||||
| 23 | for the purpose of regulating, warning, or guiding traffic. | ||||||
| 24 | (b) The following factors, related to all felonies, may be | ||||||
| 25 | considered by the court as
reasons to impose an extended term | ||||||
| 26 | sentence under Section 5-8-2
upon any offender:
| ||||||
| |||||||
| |||||||
| 1 | (1) When a defendant is convicted of any felony, after | ||||||
| 2 | having
been previously convicted in Illinois or any other | ||||||
| 3 | jurisdiction of the
same or similar class felony or | ||||||
| 4 | greater class felony, when such conviction
has occurred | ||||||
| 5 | within 10 years after the
previous conviction, excluding | ||||||
| 6 | time spent in custody, and such charges are
separately | ||||||
| 7 | brought and tried and arise out of different series of | ||||||
| 8 | acts; or
| ||||||
| 9 | (2) When a defendant is convicted of any felony and | ||||||
| 10 | the court
finds that the offense was accompanied by | ||||||
| 11 | exceptionally brutal
or heinous behavior indicative of | ||||||
| 12 | wanton cruelty; or
| ||||||
| 13 | (3) When a defendant is convicted of any felony | ||||||
| 14 | committed against:
| ||||||
| 15 | (i) a person under 12 years of age at the time of | ||||||
| 16 | the offense or such
person's property;
| ||||||
| 17 | (ii) a person 60 years of age or older at the time | ||||||
| 18 | of the offense or
such person's property; or
| ||||||
| 19 | (iii) a person who had a physical disability at | ||||||
| 20 | the time of the offense or
such person's property; or
| ||||||
| 21 | (4) When a defendant is convicted of any felony and | ||||||
| 22 | the offense
involved any of the following types of | ||||||
| 23 | specific misconduct committed as
part of a ceremony, rite, | ||||||
| 24 | initiation, observance, performance, practice or
activity | ||||||
| 25 | of any actual or ostensible religious, fraternal, or | ||||||
| 26 | social group:
| ||||||
| |||||||
| |||||||
| 1 | (i) the brutalizing or torturing of humans or | ||||||
| 2 | animals;
| ||||||
| 3 | (ii) the theft of human corpses;
| ||||||
| 4 | (iii) the kidnapping of humans;
| ||||||
| 5 | (iv) the desecration of any cemetery, religious, | ||||||
| 6 | fraternal, business,
governmental, educational, or | ||||||
| 7 | other building or property; or
| ||||||
| 8 | (v) ritualized abuse of a child; or
| ||||||
| 9 | (5) When a defendant is convicted of a felony other | ||||||
| 10 | than conspiracy and
the court finds that
the felony was | ||||||
| 11 | committed under an agreement with 2 or more other persons
| ||||||
| 12 | to commit that offense and the defendant, with respect to | ||||||
| 13 | the other
individuals, occupied a position of organizer, | ||||||
| 14 | supervisor, financier, or any
other position of management | ||||||
| 15 | or leadership, and the court further finds that
the felony | ||||||
| 16 | committed was related to or in furtherance of the criminal
| ||||||
| 17 | activities of an organized gang or was motivated by the | ||||||
| 18 | defendant's leadership
in an organized gang; or
| ||||||
| 19 | (6) When a defendant is convicted of an offense | ||||||
| 20 | committed while using a firearm with a
laser sight | ||||||
| 21 | attached to it. For purposes of this paragraph, "laser | ||||||
| 22 | sight"
has the meaning ascribed to it in Section 26-7 of | ||||||
| 23 | the Criminal Code of
2012; or
| ||||||
| 24 | (7) When a defendant who was at least 17 years of age | ||||||
| 25 | at the
time of
the commission of the offense is convicted | ||||||
| 26 | of a felony and has been previously
adjudicated a | ||||||
| |||||||
| |||||||
| 1 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
| 2 | an act
that if committed by an adult would be a Class X or | ||||||
| 3 | Class 1 felony when the
conviction has occurred within 10 | ||||||
| 4 | years after the previous adjudication,
excluding time | ||||||
| 5 | spent in custody; or
| ||||||
| 6 | (8) When a defendant commits any felony and the | ||||||
| 7 | defendant used, possessed, exercised control over, or | ||||||
| 8 | otherwise directed an animal to assault a law enforcement | ||||||
| 9 | officer engaged in the execution of his or her official | ||||||
| 10 | duties or in furtherance of the criminal activities of an | ||||||
| 11 | organized gang in which the defendant is engaged; or
| ||||||
| 12 | (9) When a defendant commits any felony and the | ||||||
| 13 | defendant knowingly video or audio records the offense | ||||||
| 14 | with the intent to disseminate the recording. | ||||||
| 15 | (c) The following factors may be considered by the court | ||||||
| 16 | as reasons to impose an extended term sentence under Section | ||||||
| 17 | 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed | ||||||
| 18 | offenses: | ||||||
| 19 | (1) When a defendant is convicted of first degree | ||||||
| 20 | murder, after having been previously convicted in Illinois | ||||||
| 21 | of any offense listed under paragraph (c)(2) of Section | ||||||
| 22 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has | ||||||
| 23 | occurred within 10 years after the previous conviction, | ||||||
| 24 | excluding time spent in custody, and the charges are | ||||||
| 25 | separately brought and tried and arise out of different | ||||||
| 26 | series of acts. | ||||||
| |||||||
| |||||||
| 1 | (1.5) When a defendant is convicted of first degree | ||||||
| 2 | murder, after having been previously convicted of domestic | ||||||
| 3 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
| 4 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
| 5 | having been previously convicted of violation of an order | ||||||
| 6 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
| 7 | was the protected person. | ||||||
| 8 | (2) When a defendant is convicted of voluntary | ||||||
| 9 | manslaughter, second degree murder, involuntary | ||||||
| 10 | manslaughter, or reckless homicide in which the defendant | ||||||
| 11 | has been convicted of causing the death of more than one | ||||||
| 12 | individual. | ||||||
| 13 | (3) When a defendant is convicted of aggravated | ||||||
| 14 | criminal sexual assault or criminal sexual assault, when | ||||||
| 15 | there is a finding that aggravated criminal sexual assault | ||||||
| 16 | or criminal sexual assault was also committed on the same | ||||||
| 17 | victim by one or more other individuals, and the defendant | ||||||
| 18 | voluntarily participated in the crime with the knowledge | ||||||
| 19 | of the participation of the others in the crime, and the | ||||||
| 20 | commission of the crime was part of a single course of | ||||||
| 21 | conduct during which there was no substantial change in | ||||||
| 22 | the nature of the criminal objective. | ||||||
| 23 | (4) If the victim was under 18 years of age at the time | ||||||
| 24 | of the commission of the offense, when a defendant is | ||||||
| 25 | convicted of aggravated criminal sexual assault or | ||||||
| 26 | predatory criminal sexual assault of a child under | ||||||
| |||||||
| |||||||
| 1 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
| 2 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
| 3 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
| 4 | (5) When a defendant is convicted of a felony | ||||||
| 5 | violation of Section 24-1 of the Criminal Code of 1961 or | ||||||
| 6 | the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||||||
| 7 | finding that the defendant is a member of an organized | ||||||
| 8 | gang. | ||||||
| 9 | (6) When a defendant was convicted of unlawful use of | ||||||
| 10 | weapons under Section 24-1 of the Criminal Code of 1961 or | ||||||
| 11 | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||||||
| 12 | a weapon that is not readily distinguishable as one of the | ||||||
| 13 | weapons enumerated in Section 24-1 of the Criminal Code of | ||||||
| 14 | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||||||
| 15 | (7) When a defendant is convicted of an offense | ||||||
| 16 | involving the illegal manufacture of a controlled | ||||||
| 17 | substance under Section 401 of the Illinois Controlled | ||||||
| 18 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
| 19 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
| 20 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
| 21 | the illegal possession of explosives and an emergency | ||||||
| 22 | response officer in the performance of his or her duties | ||||||
| 23 | is killed or injured at the scene of the offense while | ||||||
| 24 | responding to the emergency caused by the commission of | ||||||
| 25 | the offense. In this paragraph, "emergency" means a | ||||||
| 26 | situation in which a person's life, health, or safety is | ||||||
| |||||||
| |||||||
| 1 | in jeopardy; and "emergency response officer" means a | ||||||
| 2 | peace officer, community policing volunteer, fireman, | ||||||
| 3 | emergency medical technician-ambulance, emergency medical | ||||||
| 4 | technician-intermediate, emergency medical | ||||||
| 5 | technician-paramedic, ambulance driver, other medical | ||||||
| 6 | assistance or first aid personnel, or hospital emergency | ||||||
| 7 | room personnel.
| ||||||
| 8 | (8) When the defendant is convicted of attempted mob | ||||||
| 9 | action, solicitation to commit mob action, or conspiracy | ||||||
| 10 | to commit mob action under Section 8-1, 8-2, or 8-4 of the | ||||||
| 11 | Criminal Code of 2012, where the criminal object is a | ||||||
| 12 | violation of Section 25-1 of the Criminal Code of 2012, | ||||||
| 13 | and an electronic communication is used in the commission | ||||||
| 14 | of the offense. For the purposes of this paragraph (8), | ||||||
| 15 | "electronic communication" shall have the meaning provided | ||||||
| 16 | in Section 26.5-0.1 of the Criminal Code of 2012. | ||||||
| 17 | (d) For the purposes of this Section, "organized gang" has | ||||||
| 18 | the meaning
ascribed to it in Section 10 of the Illinois | ||||||
| 19 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
| 20 | (e) The court may impose an extended term sentence under | ||||||
| 21 | Article 4.5 of Chapter V upon an offender who has been | ||||||
| 22 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
| 23 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
| 24 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
| 25 | when the victim of the offense is under 18 years of age at the | ||||||
| 26 | time of the commission of the offense and, during the | ||||||
| |||||||
| |||||||
| 1 | commission of the offense, the victim was under the influence | ||||||
| 2 | of alcohol, regardless of whether or not the alcohol was | ||||||
| 3 | supplied by the offender; and the offender, at the time of the | ||||||
| 4 | commission of the offense, knew or should have known that the | ||||||
| 5 | victim had consumed alcohol. | ||||||
| 6 | (Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; | ||||||
| 7 | 101-417, eff. 1-1-20; 102-558, eff. 8-20-21.)
| ||||||
| 8 | (Text of Section after amendment by P.A. 101-652) | ||||||
| 9 | Sec. 5-5-3.2. Factors in aggravation and extended-term | ||||||
| 10 | sentencing.
| ||||||
| 11 | (a) The following factors shall be accorded weight in | ||||||
| 12 | favor of
imposing a term of imprisonment or may be considered | ||||||
| 13 | by the court as reasons
to impose a more severe sentence under | ||||||
| 14 | Section 5-8-1 or Article 4.5 of Chapter V:
| ||||||
| 15 | (1) the defendant's conduct caused or threatened | ||||||
| 16 | serious harm;
| ||||||
| 17 | (2) the defendant received compensation for committing | ||||||
| 18 | the offense;
| ||||||
| 19 | (3) the defendant has a history of prior delinquency | ||||||
| 20 | or criminal activity;
| ||||||
| 21 | (4) the defendant, by the duties of his office or by | ||||||
| 22 | his position,
was obliged to prevent the particular | ||||||
| 23 | offense committed or to bring
the offenders committing it | ||||||
| 24 | to justice;
| ||||||
| 25 | (5) the defendant held public office at the time of | ||||||
| |||||||
| |||||||
| 1 | the offense,
and the offense related to the conduct of | ||||||
| 2 | that office;
| ||||||
| 3 | (6) the defendant utilized his professional reputation | ||||||
| 4 | or
position in the community to commit the offense, or to | ||||||
| 5 | afford
him an easier means of committing it;
| ||||||
| 6 | (7) the sentence is necessary to deter others from | ||||||
| 7 | committing
the same crime;
| ||||||
| 8 | (8) the defendant committed the offense against a | ||||||
| 9 | person 60 years of age
or older or such person's property;
| ||||||
| 10 | (9) the defendant committed the offense against a | ||||||
| 11 | person who has a physical disability or such person's | ||||||
| 12 | property;
| ||||||
| 13 | (10) by reason of another individual's actual or | ||||||
| 14 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
| 15 | sexual orientation, physical or mental
disability, or | ||||||
| 16 | national origin, the defendant committed the offense | ||||||
| 17 | against (i)
the person or property
of that individual; | ||||||
| 18 | (ii) the person or property of a person who has an
| ||||||
| 19 | association with, is married to, or has a friendship with | ||||||
| 20 | the other individual;
or (iii) the person or property of a | ||||||
| 21 | relative (by blood or marriage) of a
person described in | ||||||
| 22 | clause (i) or (ii). For the purposes of this Section,
| ||||||
| 23 | "sexual orientation" has the meaning ascribed to it in | ||||||
| 24 | paragraph (O-1) of Section 1-103 of the Illinois Human | ||||||
| 25 | Rights Act;
| ||||||
| 26 | (11) the offense took place in a place of worship or on | ||||||
| |||||||
| |||||||
| 1 | the
grounds of a place of worship, immediately prior to, | ||||||
| 2 | during or immediately
following worship services. For | ||||||
| 3 | purposes of this subparagraph, "place of
worship" shall | ||||||
| 4 | mean any church, synagogue or other building, structure or
| ||||||
| 5 | place used primarily for religious worship;
| ||||||
| 6 | (12) the defendant was convicted of a felony committed | ||||||
| 7 | while he was
on pretrial release released on bail or his | ||||||
| 8 | own recognizance pending trial for a prior felony
and was | ||||||
| 9 | convicted of such prior felony, or the defendant was | ||||||
| 10 | convicted of a
felony committed while he was serving a | ||||||
| 11 | period of probation,
conditional discharge, or mandatory | ||||||
| 12 | supervised release under subsection (d)
of Section 5-8-1
| ||||||
| 13 | for a prior felony;
| ||||||
| 14 | (13) the defendant committed or attempted to commit a | ||||||
| 15 | felony while he
was wearing a bulletproof vest. For the | ||||||
| 16 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
| 17 | device which is designed for the purpose of
protecting the | ||||||
| 18 | wearer from bullets, shot or other lethal projectiles;
| ||||||
| 19 | (14) the defendant held a position of trust or | ||||||
| 20 | supervision such as, but
not limited to, family member as | ||||||
| 21 | defined in Section 11-0.1 of the Criminal Code
of 2012, | ||||||
| 22 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
| 23 | relation to a victim under 18 years of age, and the | ||||||
| 24 | defendant committed an
offense in violation of Section | ||||||
| 25 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
| 26 | 11-14.4 except for an offense that involves keeping a | ||||||
| |||||||
| |||||||
| 1 | place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| ||||||
| 2 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
| 3 | or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 4 | of 2012
against
that victim;
| ||||||
| 5 | (15) the defendant committed an offense related to the | ||||||
| 6 | activities of an
organized gang. For the purposes of this | ||||||
| 7 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
| 8 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
| 9 | Act;
| ||||||
| 10 | (16) the defendant committed an offense in violation | ||||||
| 11 | of one of the
following Sections while in a school, | ||||||
| 12 | regardless of the time of day or time of
year; on any | ||||||
| 13 | conveyance owned, leased, or contracted by a school to | ||||||
| 14 | transport
students to or from school or a school related | ||||||
| 15 | activity; on the real property
of a school; or on a public | ||||||
| 16 | way within 1,000 feet of the real property
comprising any | ||||||
| 17 | school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, | ||||||
| 18 | 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, | ||||||
| 19 | 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, | ||||||
| 20 | 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, | ||||||
| 21 | 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except | ||||||
| 22 | for subdivision (a)(4) or (g)(1), of the Criminal Code of
| ||||||
| 23 | 1961 or the Criminal Code of 2012;
| ||||||
| 24 | (16.5) the defendant committed an offense in violation | ||||||
| 25 | of one of the
following Sections while in a day care | ||||||
| 26 | center, regardless of the time of day or
time of year; on | ||||||
| |||||||
| |||||||
| 1 | the real property of a day care center, regardless of the | ||||||
| 2 | time
of day or time of year; or on a public
way within | ||||||
| 3 | 1,000 feet of the real property comprising any day care | ||||||
| 4 | center,
regardless of the time of day or time of year:
| ||||||
| 5 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
| 6 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
| 7 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
| 8 | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
| 9 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
| 10 | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the | ||||||
| 11 | Criminal Code of 2012;
| ||||||
| 12 | (17) the defendant committed the offense by reason of | ||||||
| 13 | any person's
activity as a community policing volunteer or | ||||||
| 14 | to prevent any person from
engaging in activity as a | ||||||
| 15 | community policing volunteer. For the purpose of
this | ||||||
| 16 | Section, "community policing volunteer" has the meaning | ||||||
| 17 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
| 18 | 2012;
| ||||||
| 19 | (18) the defendant committed the offense in a nursing | ||||||
| 20 | home or on the
real
property comprising a nursing home. | ||||||
| 21 | For the purposes of this paragraph (18),
"nursing home" | ||||||
| 22 | means a skilled nursing
or intermediate long term care | ||||||
| 23 | facility that is subject to license by the
Illinois | ||||||
| 24 | Department of Public Health under the Nursing Home Care
| ||||||
| 25 | Act, the Specialized Mental Health Rehabilitation Act of | ||||||
| 26 | 2013, the ID/DD Community Care Act, or the MC/DD Act;
| ||||||
| |||||||
| |||||||
| 1 | (19) the defendant was a federally licensed firearm | ||||||
| 2 | dealer
and
was
previously convicted of a violation of | ||||||
| 3 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
| 4 | Identification Card Act and has now committed either a | ||||||
| 5 | felony
violation
of the Firearm Owners Identification Card | ||||||
| 6 | Act or an act of armed violence while
armed
with a firearm; | ||||||
| 7 | (20) the defendant (i) committed the offense of | ||||||
| 8 | reckless homicide under Section 9-3 of the Criminal Code | ||||||
| 9 | of 1961 or the Criminal Code of 2012 or the offense of | ||||||
| 10 | driving under the influence of alcohol, other drug or
| ||||||
| 11 | drugs, intoxicating compound or compounds or any | ||||||
| 12 | combination thereof under Section 11-501 of the Illinois | ||||||
| 13 | Vehicle Code or a similar provision of a local ordinance | ||||||
| 14 | and (ii) was operating a motor vehicle in excess of 20 | ||||||
| 15 | miles per hour over the posted speed limit as provided in | ||||||
| 16 | Article VI of Chapter 11 of the Illinois Vehicle Code;
| ||||||
| 17 | (21) the defendant (i) committed the offense of | ||||||
| 18 | reckless driving or aggravated reckless driving under | ||||||
| 19 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
| 20 | operating a motor vehicle in excess of 20 miles per hour | ||||||
| 21 | over the posted speed limit as provided in Article VI of | ||||||
| 22 | Chapter 11 of the Illinois Vehicle Code; | ||||||
| 23 | (22) the defendant committed the offense against a | ||||||
| 24 | person that the defendant knew, or reasonably should have | ||||||
| 25 | known, was a member of the Armed Forces of the United | ||||||
| 26 | States serving on active duty. For purposes of this clause | ||||||
| |||||||
| |||||||
| 1 | (22), the term "Armed Forces" means any of the Armed | ||||||
| 2 | Forces of the United States, including a member of any | ||||||
| 3 | reserve component thereof or National Guard unit called to | ||||||
| 4 | active duty;
| ||||||
| 5 | (23)
the defendant committed the offense against a | ||||||
| 6 | person who was elderly or infirm or who was a person with a | ||||||
| 7 | disability by taking advantage of a family or fiduciary | ||||||
| 8 | relationship with the elderly or infirm person or person | ||||||
| 9 | with a disability;
| ||||||
| 10 | (24)
the defendant committed any offense under Section | ||||||
| 11 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 12 | of 2012 and possessed 100 or more images;
| ||||||
| 13 | (25) the defendant committed the offense while the | ||||||
| 14 | defendant or the victim was in a train, bus, or other | ||||||
| 15 | vehicle used for public transportation; | ||||||
| 16 | (26) the defendant committed the offense of child | ||||||
| 17 | pornography or aggravated child pornography, specifically | ||||||
| 18 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
| 19 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
| 20 | 1961 or the Criminal Code of 2012 where a child engaged in, | ||||||
| 21 | solicited for, depicted in, or posed in any act of sexual | ||||||
| 22 | penetration or bound, fettered, or subject to sadistic, | ||||||
| 23 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
| 24 | and specifically including paragraph (1), (2), (3), (4), | ||||||
| 25 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
| 26 | Section 11-20.3 of the Criminal Code of 1961 where a child | ||||||
| |||||||
| |||||||
| 1 | engaged in, solicited for, depicted in, or posed in any | ||||||
| 2 | act of sexual penetration or bound, fettered, or subject | ||||||
| 3 | to sadistic, masochistic, or sadomasochistic abuse in a | ||||||
| 4 | sexual context; | ||||||
| 5 | (27) the defendant committed the offense of first | ||||||
| 6 | degree murder, assault, aggravated assault, battery, | ||||||
| 7 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
| 8 | robbery against a person who was a veteran and the | ||||||
| 9 | defendant knew, or reasonably should have known, that the | ||||||
| 10 | person was a veteran performing duties as a representative | ||||||
| 11 | of a veterans' organization. For the purposes of this | ||||||
| 12 | paragraph (27), "veteran" means an Illinois resident who | ||||||
| 13 | has served as a member of the United States Armed Forces, a | ||||||
| 14 | member of the Illinois National Guard, or a member of the | ||||||
| 15 | United States Reserve Forces; and "veterans' organization" | ||||||
| 16 | means an organization comprised of members of
which | ||||||
| 17 | substantially all are individuals who are veterans or | ||||||
| 18 | spouses,
widows, or widowers of veterans, the primary | ||||||
| 19 | purpose of which is to
promote the welfare of its members | ||||||
| 20 | and to provide assistance to the general
public in such a | ||||||
| 21 | way as to confer a public benefit; | ||||||
| 22 | (28) the defendant committed the offense of assault, | ||||||
| 23 | aggravated assault, battery, aggravated battery, robbery, | ||||||
| 24 | armed robbery, or aggravated robbery against a person that | ||||||
| 25 | the defendant knew or reasonably should have known was a | ||||||
| 26 | letter carrier or postal worker while that person was | ||||||
| |||||||
| |||||||
| 1 | performing his or her duties delivering mail for the | ||||||
| 2 | United States Postal Service; | ||||||
| 3 | (29) the defendant committed the offense of criminal | ||||||
| 4 | sexual assault, aggravated criminal sexual assault, | ||||||
| 5 | criminal sexual abuse, or aggravated criminal sexual abuse | ||||||
| 6 | against a victim with an intellectual disability, and the | ||||||
| 7 | defendant holds a position of trust, authority, or | ||||||
| 8 | supervision in relation to the victim; | ||||||
| 9 | (30) the defendant committed the offense of promoting | ||||||
| 10 | juvenile prostitution, patronizing a prostitute, or | ||||||
| 11 | patronizing a minor engaged in prostitution and at the | ||||||
| 12 | time of the commission of the offense knew that the | ||||||
| 13 | prostitute or minor engaged in prostitution was in the | ||||||
| 14 | custody or guardianship of the Department of Children and | ||||||
| 15 | Family Services; | ||||||
| 16 | (31) the defendant (i) committed the offense of | ||||||
| 17 | driving while under the influence of alcohol, other drug | ||||||
| 18 | or drugs, intoxicating compound or compounds or any | ||||||
| 19 | combination thereof in violation of Section 11-501 of the | ||||||
| 20 | Illinois Vehicle Code or a similar provision of a local | ||||||
| 21 | ordinance and (ii) the defendant during the commission of | ||||||
| 22 | the offense was driving his or her vehicle upon a roadway | ||||||
| 23 | designated for one-way traffic in the opposite direction | ||||||
| 24 | of the direction indicated by official traffic control | ||||||
| 25 | devices; | ||||||
| 26 | (32) the defendant committed the offense of reckless | ||||||
| |||||||
| |||||||
| 1 | homicide while committing a violation of Section 11-907 of | ||||||
| 2 | the Illinois Vehicle Code; | ||||||
| 3 | (33) the defendant was found guilty of an | ||||||
| 4 | administrative infraction related to an act or acts of | ||||||
| 5 | public indecency or sexual misconduct in the penal | ||||||
| 6 | institution. In this paragraph (33), "penal institution" | ||||||
| 7 | has the same meaning as in Section 2-14 of the Criminal | ||||||
| 8 | Code of 2012; or | ||||||
| 9 | (34) the defendant committed the offense of leaving | ||||||
| 10 | the scene of an accident in violation of subsection (b) of | ||||||
| 11 | Section 11-401 of the Illinois Vehicle Code and the | ||||||
| 12 | accident resulted in the death of a person and at the time | ||||||
| 13 | of the offense, the defendant was: (i) driving under the | ||||||
| 14 | influence of alcohol, other drug or drugs, intoxicating | ||||||
| 15 | compound or compounds or any combination thereof as | ||||||
| 16 | defined by Section 11-501 of the Illinois Vehicle Code; or | ||||||
| 17 | (ii) operating the motor vehicle while using an electronic | ||||||
| 18 | communication device as defined in Section 12-610.2 of the | ||||||
| 19 | Illinois Vehicle Code. | ||||||
| 20 | For the purposes of this Section:
| ||||||
| 21 | "School" is defined as a public or private
elementary or | ||||||
| 22 | secondary school, community college, college, or university.
| ||||||
| 23 | "Day care center" means a public or private State | ||||||
| 24 | certified and
licensed day care center as defined in Section | ||||||
| 25 | 2.09 of the Child Care Act of
1969 that displays a sign in | ||||||
| 26 | plain view stating that the
property is a day care center.
| ||||||
| |||||||
| |||||||
| 1 | "Intellectual disability" means significantly subaverage | ||||||
| 2 | intellectual functioning which exists concurrently
with | ||||||
| 3 | impairment in adaptive behavior. | ||||||
| 4 | "Public transportation" means the transportation
or | ||||||
| 5 | conveyance of persons by means available to the general | ||||||
| 6 | public, and includes paratransit services. | ||||||
| 7 | "Traffic control devices" means all signs, signals, | ||||||
| 8 | markings, and devices that conform to the Illinois Manual on | ||||||
| 9 | Uniform Traffic Control Devices, placed or erected by | ||||||
| 10 | authority of a public body or official having jurisdiction, | ||||||
| 11 | for the purpose of regulating, warning, or guiding traffic. | ||||||
| 12 | (b) The following factors, related to all felonies, may be | ||||||
| 13 | considered by the court as
reasons to impose an extended term | ||||||
| 14 | sentence under Section 5-8-2
upon any offender:
| ||||||
| 15 | (1) When a defendant is convicted of any felony, after | ||||||
| 16 | having
been previously convicted in Illinois or any other | ||||||
| 17 | jurisdiction of the
same or similar class felony or | ||||||
| 18 | greater class felony, when such conviction
has occurred | ||||||
| 19 | within 10 years after the
previous conviction, excluding | ||||||
| 20 | time spent in custody, and such charges are
separately | ||||||
| 21 | brought and tried and arise out of different series of | ||||||
| 22 | acts; or
| ||||||
| 23 | (2) When a defendant is convicted of any felony and | ||||||
| 24 | the court
finds that the offense was accompanied by | ||||||
| 25 | exceptionally brutal
or heinous behavior indicative of | ||||||
| 26 | wanton cruelty; or
| ||||||
| |||||||
| |||||||
| 1 | (3) When a defendant is convicted of any felony | ||||||
| 2 | committed against:
| ||||||
| 3 | (i) a person under 12 years of age at the time of | ||||||
| 4 | the offense or such
person's property;
| ||||||
| 5 | (ii) a person 60 years of age or older at the time | ||||||
| 6 | of the offense or
such person's property; or
| ||||||
| 7 | (iii) a person who had a physical disability at | ||||||
| 8 | the time of the offense or
such person's property; or
| ||||||
| 9 | (4) When a defendant is convicted of any felony and | ||||||
| 10 | the offense
involved any of the following types of | ||||||
| 11 | specific misconduct committed as
part of a ceremony, rite, | ||||||
| 12 | initiation, observance, performance, practice or
activity | ||||||
| 13 | of any actual or ostensible religious, fraternal, or | ||||||
| 14 | social group:
| ||||||
| 15 | (i) the brutalizing or torturing of humans or | ||||||
| 16 | animals;
| ||||||
| 17 | (ii) the theft of human corpses;
| ||||||
| 18 | (iii) the kidnapping of humans;
| ||||||
| 19 | (iv) the desecration of any cemetery, religious, | ||||||
| 20 | fraternal, business,
governmental, educational, or | ||||||
| 21 | other building or property; or
| ||||||
| 22 | (v) ritualized abuse of a child; or
| ||||||
| 23 | (5) When a defendant is convicted of a felony other | ||||||
| 24 | than conspiracy and
the court finds that
the felony was | ||||||
| 25 | committed under an agreement with 2 or more other persons
| ||||||
| 26 | to commit that offense and the defendant, with respect to | ||||||
| |||||||
| |||||||
| 1 | the other
individuals, occupied a position of organizer, | ||||||
| 2 | supervisor, financier, or any
other position of management | ||||||
| 3 | or leadership, and the court further finds that
the felony | ||||||
| 4 | committed was related to or in furtherance of the criminal
| ||||||
| 5 | activities of an organized gang or was motivated by the | ||||||
| 6 | defendant's leadership
in an organized gang; or
| ||||||
| 7 | (6) When a defendant is convicted of an offense | ||||||
| 8 | committed while using a firearm with a
laser sight | ||||||
| 9 | attached to it. For purposes of this paragraph, "laser | ||||||
| 10 | sight"
has the meaning ascribed to it in Section 26-7 of | ||||||
| 11 | the Criminal Code of
2012; or
| ||||||
| 12 | (7) When a defendant who was at least 17 years of age | ||||||
| 13 | at the
time of
the commission of the offense is convicted | ||||||
| 14 | of a felony and has been previously
adjudicated a | ||||||
| 15 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
| 16 | an act
that if committed by an adult would be a Class X or | ||||||
| 17 | Class 1 felony when the
conviction has occurred within 10 | ||||||
| 18 | years after the previous adjudication,
excluding time | ||||||
| 19 | spent in custody; or
| ||||||
| 20 | (8) When a defendant commits any felony and the | ||||||
| 21 | defendant used, possessed, exercised control over, or | ||||||
| 22 | otherwise directed an animal to assault a law enforcement | ||||||
| 23 | officer engaged in the execution of his or her official | ||||||
| 24 | duties or in furtherance of the criminal activities of an | ||||||
| 25 | organized gang in which the defendant is engaged; or
| ||||||
| 26 | (9) When a defendant commits any felony and the | ||||||
| |||||||
| |||||||
| 1 | defendant knowingly video or audio records the offense | ||||||
| 2 | with the intent to disseminate the recording. | ||||||
| 3 | (c) The following factors may be considered by the court | ||||||
| 4 | as reasons to impose an extended term sentence under Section | ||||||
| 5 | 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed | ||||||
| 6 | offenses: | ||||||
| 7 | (1) When a defendant is convicted of first degree | ||||||
| 8 | murder, after having been previously convicted in Illinois | ||||||
| 9 | of any offense listed under paragraph (c)(2) of Section | ||||||
| 10 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has | ||||||
| 11 | occurred within 10 years after the previous conviction, | ||||||
| 12 | excluding time spent in custody, and the charges are | ||||||
| 13 | separately brought and tried and arise out of different | ||||||
| 14 | series of acts. | ||||||
| 15 | (1.5) When a defendant is convicted of first degree | ||||||
| 16 | murder, after having been previously convicted of domestic | ||||||
| 17 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
| 18 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
| 19 | having been previously convicted of violation of an order | ||||||
| 20 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
| 21 | was the protected person. | ||||||
| 22 | (2) When a defendant is convicted of voluntary | ||||||
| 23 | manslaughter, second degree murder, involuntary | ||||||
| 24 | manslaughter, or reckless homicide in which the defendant | ||||||
| 25 | has been convicted of causing the death of more than one | ||||||
| 26 | individual. | ||||||
| |||||||
| |||||||
| 1 | (3) When a defendant is convicted of aggravated | ||||||
| 2 | criminal sexual assault or criminal sexual assault, when | ||||||
| 3 | there is a finding that aggravated criminal sexual assault | ||||||
| 4 | or criminal sexual assault was also committed on the same | ||||||
| 5 | victim by one or more other individuals, and the defendant | ||||||
| 6 | voluntarily participated in the crime with the knowledge | ||||||
| 7 | of the participation of the others in the crime, and the | ||||||
| 8 | commission of the crime was part of a single course of | ||||||
| 9 | conduct during which there was no substantial change in | ||||||
| 10 | the nature of the criminal objective. | ||||||
| 11 | (4) If the victim was under 18 years of age at the time | ||||||
| 12 | of the commission of the offense, when a defendant is | ||||||
| 13 | convicted of aggravated criminal sexual assault or | ||||||
| 14 | predatory criminal sexual assault of a child under | ||||||
| 15 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
| 16 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
| 17 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
| 18 | (5) When a defendant is convicted of a felony | ||||||
| 19 | violation of Section 24-1 of the Criminal Code of 1961 or | ||||||
| 20 | the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||||||
| 21 | finding that the defendant is a member of an organized | ||||||
| 22 | gang. | ||||||
| 23 | (6) When a defendant was convicted of unlawful use of | ||||||
| 24 | weapons under Section 24-1 of the Criminal Code of 1961 or | ||||||
| 25 | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||||||
| 26 | a weapon that is not readily distinguishable as one of the | ||||||
| |||||||
| |||||||
| 1 | weapons enumerated in Section 24-1 of the Criminal Code of | ||||||
| 2 | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||||||
| 3 | (7) When a defendant is convicted of an offense | ||||||
| 4 | involving the illegal manufacture of a controlled | ||||||
| 5 | substance under Section 401 of the Illinois Controlled | ||||||
| 6 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
| 7 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
| 8 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
| 9 | the illegal possession of explosives and an emergency | ||||||
| 10 | response officer in the performance of his or her duties | ||||||
| 11 | is killed or injured at the scene of the offense while | ||||||
| 12 | responding to the emergency caused by the commission of | ||||||
| 13 | the offense. In this paragraph, "emergency" means a | ||||||
| 14 | situation in which a person's life, health, or safety is | ||||||
| 15 | in jeopardy; and "emergency response officer" means a | ||||||
| 16 | peace officer, community policing volunteer, fireman, | ||||||
| 17 | emergency medical technician-ambulance, emergency medical | ||||||
| 18 | technician-intermediate, emergency medical | ||||||
| 19 | technician-paramedic, ambulance driver, other medical | ||||||
| 20 | assistance or first aid personnel, or hospital emergency | ||||||
| 21 | room personnel.
| ||||||
| 22 | (8) When the defendant is convicted of attempted mob | ||||||
| 23 | action, solicitation to commit mob action, or conspiracy | ||||||
| 24 | to commit mob action under Section 8-1, 8-2, or 8-4 of the | ||||||
| 25 | Criminal Code of 2012, where the criminal object is a | ||||||
| 26 | violation of Section 25-1 of the Criminal Code of 2012, | ||||||
| |||||||
| |||||||
| 1 | and an electronic communication is used in the commission | ||||||
| 2 | of the offense. For the purposes of this paragraph (8), | ||||||
| 3 | "electronic communication" shall have the meaning provided | ||||||
| 4 | in Section 26.5-0.1 of the Criminal Code of 2012. | ||||||
| 5 | (d) For the purposes of this Section, "organized gang" has | ||||||
| 6 | the meaning
ascribed to it in Section 10 of the Illinois | ||||||
| 7 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
| 8 | (e) The court may impose an extended term sentence under | ||||||
| 9 | Article 4.5 of Chapter V upon an offender who has been | ||||||
| 10 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
| 11 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
| 12 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
| 13 | when the victim of the offense is under 18 years of age at the | ||||||
| 14 | time of the commission of the offense and, during the | ||||||
| 15 | commission of the offense, the victim was under the influence | ||||||
| 16 | of alcohol, regardless of whether or not the alcohol was | ||||||
| 17 | supplied by the offender; and the offender, at the time of the | ||||||
| 18 | commission of the offense, knew or should have known that the | ||||||
| 19 | victim had consumed alcohol. | ||||||
| 20 | (Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20; | ||||||
| 21 | 101-401, eff. 1-1-20; 101-417, eff. 1-1-20; 101-652, eff. | ||||||
| 22 | 1-1-23; 102-558, eff. 8-20-21.)
| ||||||
| 23 | (730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
| ||||||
| 24 | Sec. 5-6-4. Violation, Modification or Revocation of | ||||||
| 25 | Probation, of
Conditional Discharge or Supervision or of a | ||||||
| |||||||
| |||||||
| 1 | sentence of county impact
incarceration - Hearing.
| ||||||
| 2 | (a) Except in cases where
conditional discharge or | ||||||
| 3 | supervision was imposed for a petty offense as
defined in | ||||||
| 4 | Section 5-1-17, when a petition is filed charging a violation | ||||||
| 5 | of
a condition, the court may:
| ||||||
| 6 | (1) in the case of probation violations, order the | ||||||
| 7 | issuance of a notice
to the offender to be present by the | ||||||
| 8 | County Probation Department or such
other agency | ||||||
| 9 | designated by the court to handle probation matters; and | ||||||
| 10 | in
the case of conditional discharge or supervision | ||||||
| 11 | violations, such notice
to the offender shall be issued by | ||||||
| 12 | the Circuit Court Clerk;
and in the case of a violation of | ||||||
| 13 | a sentence of county impact incarceration,
such notice | ||||||
| 14 | shall be issued by the Sheriff;
| ||||||
| 15 | (2) order a summons to the offender to be present for | ||||||
| 16 | hearing; or
| ||||||
| 17 | (3) order a warrant for the offender's arrest where | ||||||
| 18 | there is danger of
his fleeing the jurisdiction or causing | ||||||
| 19 | serious harm to others or when the
offender fails to | ||||||
| 20 | answer a summons or notice from the clerk of the court or
| ||||||
| 21 | Sheriff.
| ||||||
| 22 | Personal service of the petition for violation of | ||||||
| 23 | probation or
the issuance of such warrant, summons or notice | ||||||
| 24 | shall toll the period of
probation, conditional discharge, | ||||||
| 25 | supervision, or sentence of
county impact incarceration until
| ||||||
| 26 | the final determination of the charge, and the term of | ||||||
| |||||||
| |||||||
| 1 | probation,
conditional discharge, supervision, or sentence of | ||||||
| 2 | county impact
incarceration shall not run until the hearing | ||||||
| 3 | and
disposition of the petition for violation.
| ||||||
| 4 | (b) The court shall conduct a hearing of the alleged | ||||||
| 5 | violation. The
court shall admit the offender to pretrial | ||||||
| 6 | release bail pending the hearing unless the
alleged violation | ||||||
| 7 | is itself a criminal offense in which case the
offender shall | ||||||
| 8 | be admitted to pretrial release bail on such terms as are | ||||||
| 9 | provided in the
Code of Criminal Procedure of 1963, as | ||||||
| 10 | amended. In any case where an
offender remains incarcerated | ||||||
| 11 | only as a result of his alleged violation of
the court's | ||||||
| 12 | earlier order of probation, supervision, conditional
| ||||||
| 13 | discharge, or county impact incarceration such hearing shall | ||||||
| 14 | be held within
14 days of the onset of
said incarceration, | ||||||
| 15 | unless the alleged violation is the commission of
another | ||||||
| 16 | offense by the offender during the period of probation, | ||||||
| 17 | supervision
or conditional discharge in which case such | ||||||
| 18 | hearing shall be held within
the time limits described in | ||||||
| 19 | Section 103-5 of the Code of Criminal
Procedure of 1963, as | ||||||
| 20 | amended.
| ||||||
| 21 | (c) The State has the burden of going forward with the | ||||||
| 22 | evidence and
proving the violation by the preponderance of the | ||||||
| 23 | evidence. The evidence
shall be presented in open court with | ||||||
| 24 | the right of confrontation,
cross-examination, and | ||||||
| 25 | representation by counsel.
| ||||||
| 26 | (d) Probation, conditional discharge, periodic | ||||||
| |||||||
| |||||||
| 1 | imprisonment and
supervision shall not be revoked for failure | ||||||
| 2 | to comply with conditions
of a sentence or supervision, which | ||||||
| 3 | imposes financial obligations upon the
offender unless such | ||||||
| 4 | failure is due to his willful refusal to pay.
| ||||||
| 5 | (e) If the court finds that the offender has violated a | ||||||
| 6 | condition at
any time prior to the expiration or termination | ||||||
| 7 | of the period, it may
continue him on the existing sentence, | ||||||
| 8 | with or without modifying or
enlarging the conditions, or may | ||||||
| 9 | impose any other sentence that was
available under Article 4.5 | ||||||
| 10 | of Chapter V of this Code or Section 11-501 of the Illinois | ||||||
| 11 | Vehicle Code at the time of initial sentencing.
If the court | ||||||
| 12 | finds that the person has failed to successfully complete his | ||||||
| 13 | or
her sentence to a county impact incarceration program, the | ||||||
| 14 | court may impose any
other sentence that was available under | ||||||
| 15 | Article 4.5 of Chapter V of this Code or Section 11-501 of the | ||||||
| 16 | Illinois Vehicle Code at the time of initial
sentencing,
| ||||||
| 17 | except for a sentence of probation or conditional discharge. | ||||||
| 18 | If the court finds that the offender has violated paragraph | ||||||
| 19 | (8.6) of subsection (a) of Section 5-6-3, the court shall | ||||||
| 20 | revoke the probation of the offender. If the court finds that | ||||||
| 21 | the offender has violated subsection (o) of Section 5-6-3.1, | ||||||
| 22 | the court shall revoke the supervision of the offender.
| ||||||
| 23 | (f) The conditions of probation, of conditional discharge, | ||||||
| 24 | of
supervision, or of a sentence of county impact | ||||||
| 25 | incarceration may be
modified by the court on motion of the | ||||||
| 26 | supervising agency or on its own motion or at the request of | ||||||
| |||||||
| |||||||
| 1 | the offender after
notice and a hearing.
| ||||||
| 2 | (g) A judgment revoking supervision, probation, | ||||||
| 3 | conditional
discharge, or a sentence of county impact | ||||||
| 4 | incarceration is a final
appealable order.
| ||||||
| 5 | (h) Resentencing after revocation of probation, | ||||||
| 6 | conditional
discharge, supervision, or a sentence of county | ||||||
| 7 | impact
incarceration shall be under Article 4. The term on
| ||||||
| 8 | probation, conditional discharge or supervision shall not be | ||||||
| 9 | credited by
the court against a sentence of imprisonment or | ||||||
| 10 | periodic imprisonment
unless the court orders otherwise. The | ||||||
| 11 | amount of credit to be applied against a sentence of | ||||||
| 12 | imprisonment or periodic imprisonment when the defendant | ||||||
| 13 | served a term or partial term of periodic imprisonment shall | ||||||
| 14 | be calculated upon the basis of the actual days spent in | ||||||
| 15 | confinement rather than the duration of the term.
| ||||||
| 16 | (i) Instead of filing a violation of probation, | ||||||
| 17 | conditional discharge,
supervision, or a sentence of county | ||||||
| 18 | impact incarceration, an agent or
employee of the
supervising | ||||||
| 19 | agency with the concurrence of his or
her
supervisor may serve | ||||||
| 20 | on the defendant a Notice of Intermediate Sanctions.
The
| ||||||
| 21 | Notice shall contain the technical violation or violations | ||||||
| 22 | involved, the date
or dates of the violation or violations, | ||||||
| 23 | and the intermediate sanctions to be
imposed. Upon receipt of | ||||||
| 24 | the Notice, the defendant shall immediately accept or
reject | ||||||
| 25 | the intermediate sanctions. If the sanctions are accepted, | ||||||
| 26 | they shall
be imposed immediately. If the intermediate | ||||||
| |||||||
| |||||||
| 1 | sanctions are rejected or the
defendant does not respond to | ||||||
| 2 | the Notice, a violation of probation, conditional
discharge, | ||||||
| 3 | supervision, or a sentence of county impact incarceration
| ||||||
| 4 | shall be immediately filed with the court. The
State's | ||||||
| 5 | Attorney and the sentencing court shall be notified of the | ||||||
| 6 | Notice of
Sanctions. Upon successful completion of the | ||||||
| 7 | intermediate sanctions, a court
may not revoke probation, | ||||||
| 8 | conditional discharge, supervision, or a
sentence of county | ||||||
| 9 | impact incarceration or impose
additional sanctions for the | ||||||
| 10 | same violation.
A notice of intermediate sanctions may not be | ||||||
| 11 | issued for any violation of
probation, conditional discharge, | ||||||
| 12 | supervision, or a sentence of county
impact incarceration | ||||||
| 13 | which could warrant an
additional, separate felony charge.
The | ||||||
| 14 | intermediate sanctions shall include a term of home detention | ||||||
| 15 | as provided
in Article 8A of Chapter V of this Code for | ||||||
| 16 | multiple or repeat violations of
the terms and conditions of a | ||||||
| 17 | sentence of probation, conditional discharge, or
supervision. | ||||||
| 18 | (j) When an offender is re-sentenced after revocation of | ||||||
| 19 | probation that was imposed in combination with a sentence of | ||||||
| 20 | imprisonment for the same offense, the aggregate of the | ||||||
| 21 | sentences may not exceed the maximum term authorized under | ||||||
| 22 | Article 4.5 of Chapter V.
| ||||||
| 23 | (k)(1) On and after the effective date of this amendatory | ||||||
| 24 | Act of the 101st General Assembly, this subsection (k) shall | ||||||
| 25 | apply to arrest warrants in Cook County only. An arrest
| ||||||
| 26 | warrant issued under paragraph (3) of subsection (a) when the | ||||||
| |||||||
| |||||||
| 1 | underlying conviction is for the offense of theft, retail | ||||||
| 2 | theft, or possession of a controlled substance shall
remain | ||||||
| 3 | active for a period not to exceed 10 years from the date the | ||||||
| 4 | warrant was issued unless a motion to extend the warrant is | ||||||
| 5 | filed by the office of the State's Attorney or by, or on behalf | ||||||
| 6 | of, the agency supervising the wanted person. A motion to
| ||||||
| 7 | extend the warrant shall be filed within one year before the | ||||||
| 8 | warrant expiration date
and notice shall be provided to the
| ||||||
| 9 | office of the sheriff. | ||||||
| 10 | (2) If a motion to extend a warrant issued under paragraph | ||||||
| 11 | (3)
of subsection (a) is not filed,
the warrant shall be | ||||||
| 12 | quashed and recalled as a
matter of law under paragraph (1) of | ||||||
| 13 | this subsection (k) and
the wanted person's period of | ||||||
| 14 | probation, conditional
discharge, or supervision shall | ||||||
| 15 | terminate unsatisfactorily as
a matter of law. | ||||||
| 16 | (Source: P.A. 101-406, eff. 1-1-20; 101-652.)
| ||||||
| 17 | (730 ILCS 5/5-6-4.1) (from Ch. 38, par. 1005-6-4.1) | ||||||
| 18 | Sec. 5-6-4.1. Violation, Modification or Revocation of
| ||||||
| 19 | Conditional Discharge or Supervision - Hearing.)
| ||||||
| 20 | (a) In cases where a defendant was placed upon supervision | ||||||
| 21 | or conditional
discharge for the commission of a petty | ||||||
| 22 | offense, upon the oral or written
motion of the State, or on | ||||||
| 23 | the court's own motion, which charges that a
violation of a | ||||||
| 24 | condition of that conditional discharge or supervision has
| ||||||
| 25 | occurred, the court may:
| ||||||
| |||||||
| |||||||
| 1 | (1) Conduct a hearing instanter if the offender is | ||||||
| 2 | present in court;
| ||||||
| 3 | (2) Order the issuance by the court clerk of a notice | ||||||
| 4 | to the offender
to be present for a hearing for violation;
| ||||||
| 5 | (3) Order summons to the offender to be present; or
| ||||||
| 6 | (4) Order a warrant for the offender's arrest.
| ||||||
| 7 | The oral motion, if the defendant is present, or the | ||||||
| 8 | issuance of such warrant,
summons or notice shall toll the | ||||||
| 9 | period of conditional discharge or supervision
until the final | ||||||
| 10 | determination of the charge, and the term of conditional
| ||||||
| 11 | discharge or supervision shall not run until the hearing and | ||||||
| 12 | disposition
of the petition for violation.
| ||||||
| 13 | (b) The Court shall admit the offender to pretrial release | ||||||
| 14 | bail pending the hearing.
| ||||||
| 15 | (c) The State has the burden of going forward with the | ||||||
| 16 | evidence and
proving the violation by the preponderance of the | ||||||
| 17 | evidence. The evidence
shall be presented in open court with | ||||||
| 18 | the right of confrontation,
cross-examination, and | ||||||
| 19 | representation by counsel.
| ||||||
| 20 | (d) Conditional discharge or supervision shall not be | ||||||
| 21 | revoked for failure
to comply with the conditions of the | ||||||
| 22 | discharge or supervision which imposed
financial obligations | ||||||
| 23 | upon the offender unless such failure is due to his
wilful | ||||||
| 24 | refusal to pay.
| ||||||
| 25 | (e) If the court finds that the offender has violated a | ||||||
| 26 | condition at
any time prior to the expiration or termination | ||||||
| |||||||
| |||||||
| 1 | of the period, it may
continue him on the existing sentence or | ||||||
| 2 | supervision with or without modifying
or
enlarging the | ||||||
| 3 | conditions, or may impose any other sentence that was
| ||||||
| 4 | available under Article 4.5 of Chapter V
of this Code or | ||||||
| 5 | Section 11-501 of the Illinois
Vehicle Code at the time of | ||||||
| 6 | initial sentencing.
| ||||||
| 7 | (f) The conditions of conditional discharge and of
| ||||||
| 8 | supervision may be modified by the court on motion of the | ||||||
| 9 | probation
officer or on its own motion or at the request of the | ||||||
| 10 | offender after
notice to the defendant and a hearing.
| ||||||
| 11 | (g) A judgment revoking supervision is a final appealable | ||||||
| 12 | order.
| ||||||
| 13 | (h) Resentencing after revocation of conditional
discharge | ||||||
| 14 | or of supervision shall be under Article 4. Time served on
| ||||||
| 15 | conditional discharge or supervision shall be credited by
the | ||||||
| 16 | court against a sentence of imprisonment or periodic | ||||||
| 17 | imprisonment
unless the court orders otherwise.
| ||||||
| 18 | (Source: P.A. 95-1052, eff. 7-1-09; 101-652.)
| ||||||
| 19 | (730 ILCS 5/5-8A-7)
| ||||||
| 20 | Sec. 5-8A-7. Domestic violence surveillance program. If | ||||||
| 21 | the Prisoner Review Board, Department of Corrections, | ||||||
| 22 | Department of Juvenile Justice, or court (the supervising | ||||||
| 23 | authority) orders electronic surveillance as a condition of | ||||||
| 24 | parole, aftercare release, mandatory supervised release, early | ||||||
| 25 | release, probation, or conditional discharge for a violation | ||||||
| |||||||
| |||||||
| 1 | of an order of protection or as a condition of pretrial release | ||||||
| 2 | bail for a person charged with a violation of an order of | ||||||
| 3 | protection, the supervising authority shall use the best | ||||||
| 4 | available global positioning technology to track domestic | ||||||
| 5 | violence offenders. Best available technology must have | ||||||
| 6 | real-time and interactive capabilities that facilitate the | ||||||
| 7 | following objectives: (1) immediate notification to the | ||||||
| 8 | supervising authority of a breach of a court ordered exclusion | ||||||
| 9 | zone; (2) notification of the breach to the offender; and (3) | ||||||
| 10 | communication between the supervising authority, law | ||||||
| 11 | enforcement, and the victim, regarding the breach. The | ||||||
| 12 | supervising authority may also require that the electronic | ||||||
| 13 | surveillance ordered under this Section monitor the | ||||||
| 14 | consumption of alcohol or drugs.
| ||||||
| 15 | (Source: P.A. 99-628, eff. 1-1-17; 99-797, eff. 8-12-16; | ||||||
| 16 | 100-201, eff. 8-18-17; 101-652.)
| ||||||
| 17 | (730 ILCS 5/8-2-1) (from Ch. 38, par. 1008-2-1)
| ||||||
| 18 | Sec. 8-2-1. Saving Clause.
| ||||||
| 19 | The repeal of Acts or parts of Acts enumerated in Section | ||||||
| 20 | 8-5-1 does
not: (1) affect any offense committed, act done, | ||||||
| 21 | prosecution pending,
penalty, punishment or forfeiture | ||||||
| 22 | incurred, or rights, powers or remedies
accrued under any law | ||||||
| 23 | in effect immediately prior to the effective date of
this | ||||||
| 24 | Code; (2) impair, avoid, or affect any grant or conveyance | ||||||
| 25 | made or
right acquired or cause of action then existing under | ||||||
| |||||||
| |||||||
| 1 | any such repealed Act
or amendment thereto; (3) affect or | ||||||
| 2 | impair the validity of any pretrial release bail or
other bond | ||||||
| 3 | or other obligation issued or sold and constituting a valid
| ||||||
| 4 | obligation of the issuing authority immediately prior to the | ||||||
| 5 | effective date
of this Code; (4) the validity of any contract; | ||||||
| 6 | or (5) the validity of any
tax levied under any law in effect | ||||||
| 7 | prior to the effective date of this
Code. The repeal of any | ||||||
| 8 | validating Act or part thereof shall not avoid the
effect of | ||||||
| 9 | the validation. No Act repealed by Section 8-5-1 shall repeal | ||||||
| 10 | any
Act or part thereof which embraces the same or a similar | ||||||
| 11 | subject matter as
the Act repealed.
| ||||||
| 12 | (Source: P.A. 78-255; 101-652.)
| ||||||
| 13 | Section 260. The Unified Code of Corrections is amended by | ||||||
| 14 | changing Sections 3-6-3, 5-4-1, 5-4.5-95, 5-4.5-100, 5-8-1, | ||||||
| 15 | 5-8-6, 5-8A-2, 5-8A-4, and 5-8A-4.1 as follows:
| ||||||
| 16 | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| ||||||
| 17 | Sec. 3-6-3. Rules and regulations for sentence credit.
| ||||||
| 18 | (a)(1) The Department of Corrections shall prescribe rules
| ||||||
| 19 | and regulations for awarding and revoking sentence credit for | ||||||
| 20 | persons committed to the Department which shall
be subject to | ||||||
| 21 | review by the Prisoner Review Board.
| ||||||
| 22 | (1.5) As otherwise provided by law, sentence credit may be | ||||||
| 23 | awarded for the following: | ||||||
| 24 | (A) successful completion of programming while in | ||||||
| |||||||
| |||||||
| 1 | custody of the Department or while in custody prior to | ||||||
| 2 | sentencing; | ||||||
| 3 | (B) compliance with the rules and regulations of the | ||||||
| 4 | Department; or | ||||||
| 5 | (C) service to the institution, service to a | ||||||
| 6 | community, or service to the State. | ||||||
| 7 | (2) Except as provided in paragraph (4.7) of this | ||||||
| 8 | subsection (a), the rules and regulations on sentence credit | ||||||
| 9 | shall provide, with
respect to offenses listed in clause (i), | ||||||
| 10 | (ii), or (iii) of this paragraph (2) committed on or after June | ||||||
| 11 | 19, 1998 or with respect to the offense listed in clause (iv) | ||||||
| 12 | of this paragraph (2) committed on or after June 23, 2005 (the | ||||||
| 13 | effective date of Public Act 94-71) or with
respect to offense | ||||||
| 14 | listed in clause (vi)
committed on or after June 1, 2008 (the | ||||||
| 15 | effective date of Public Act 95-625)
or with respect to the | ||||||
| 16 | offense of being an armed habitual criminal committed on or | ||||||
| 17 | after August 2, 2005 (the effective date of Public Act 94-398) | ||||||
| 18 | or with respect to the offenses listed in clause (v) of this | ||||||
| 19 | paragraph (2) committed on or after August 13, 2007 (the | ||||||
| 20 | effective date of Public Act 95-134) or with respect to the | ||||||
| 21 | offense of aggravated domestic battery committed on or after | ||||||
| 22 | July 23, 2010 (the effective date of Public Act 96-1224) or | ||||||
| 23 | with respect to the offense of attempt to commit terrorism | ||||||
| 24 | committed on or after January 1, 2013 (the effective date of | ||||||
| 25 | Public Act 97-990), the following:
| ||||||
| 26 | (i) that a prisoner who is serving a term of | ||||||
| |||||||
| |||||||
| 1 | imprisonment for first
degree murder or for the offense of | ||||||
| 2 | terrorism shall receive no sentence
credit and shall serve | ||||||
| 3 | the entire
sentence imposed by the court;
| ||||||
| 4 | (ii) that a prisoner serving a sentence for attempt to | ||||||
| 5 | commit terrorism, attempt to commit first
degree murder, | ||||||
| 6 | solicitation of murder, solicitation of murder for hire,
| ||||||
| 7 | intentional homicide of an unborn child, predatory | ||||||
| 8 | criminal sexual assault of a
child, aggravated criminal | ||||||
| 9 | sexual assault, criminal sexual assault, aggravated
| ||||||
| 10 | kidnapping, aggravated battery with a firearm as described | ||||||
| 11 | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), | ||||||
| 12 | or (e)(4) of Section 12-3.05, heinous battery as described | ||||||
| 13 | in Section 12-4.1 or subdivision (a)(2) of Section | ||||||
| 14 | 12-3.05, being an armed habitual criminal, aggravated
| ||||||
| 15 | battery of a senior citizen as described in Section 12-4.6 | ||||||
| 16 | or subdivision (a)(4) of Section 12-3.05, or aggravated | ||||||
| 17 | battery of a child as described in Section 12-4.3 or | ||||||
| 18 | subdivision (b)(1) of Section 12-3.05 shall receive no
| ||||||
| 19 | more than 4.5 days of sentence credit for each month of his | ||||||
| 20 | or her sentence
of imprisonment;
| ||||||
| 21 | (iii) that a prisoner serving a sentence
for home | ||||||
| 22 | invasion, armed robbery, aggravated vehicular hijacking,
| ||||||
| 23 | aggravated discharge of a firearm, or armed violence with | ||||||
| 24 | a category I weapon
or category II weapon, when the court
| ||||||
| 25 | has made and entered a finding, pursuant to subsection | ||||||
| 26 | (c-1) of Section 5-4-1
of this Code, that the conduct | ||||||
| |||||||
| |||||||
| 1 | leading to conviction for the enumerated offense
resulted | ||||||
| 2 | in great bodily harm to a victim, shall receive no more | ||||||
| 3 | than 4.5 days
of sentence credit for each month of his or | ||||||
| 4 | her sentence of imprisonment;
| ||||||
| 5 | (iv) that a prisoner serving a sentence for aggravated | ||||||
| 6 | discharge of a firearm, whether or not the conduct leading | ||||||
| 7 | to conviction for the offense resulted in great bodily | ||||||
| 8 | harm to the victim, shall receive no more than 4.5 days of | ||||||
| 9 | sentence credit for each month of his or her sentence of | ||||||
| 10 | imprisonment;
| ||||||
| 11 | (v) that a person serving a sentence for gunrunning, | ||||||
| 12 | narcotics racketeering, controlled substance trafficking, | ||||||
| 13 | methamphetamine trafficking, drug-induced homicide, | ||||||
| 14 | aggravated methamphetamine-related child endangerment, | ||||||
| 15 | money laundering pursuant to clause (c) (4) or (5) of | ||||||
| 16 | Section 29B-1 of the Criminal Code of 1961 or the Criminal | ||||||
| 17 | Code of 2012, or a Class X felony conviction for delivery | ||||||
| 18 | of a controlled substance, possession of a controlled | ||||||
| 19 | substance with intent to manufacture or deliver, | ||||||
| 20 | calculated criminal drug conspiracy, criminal drug | ||||||
| 21 | conspiracy, street gang criminal drug conspiracy, | ||||||
| 22 | participation in methamphetamine manufacturing, | ||||||
| 23 | aggravated participation in methamphetamine | ||||||
| 24 | manufacturing, delivery of methamphetamine, possession | ||||||
| 25 | with intent to deliver methamphetamine, aggravated | ||||||
| 26 | delivery of methamphetamine, aggravated possession with | ||||||
| |||||||
| |||||||
| 1 | intent to deliver methamphetamine, methamphetamine | ||||||
| 2 | conspiracy when the substance containing the controlled | ||||||
| 3 | substance or methamphetamine is 100 grams or more shall | ||||||
| 4 | receive no more than 7.5 days sentence credit for each | ||||||
| 5 | month of his or her sentence of imprisonment;
| ||||||
| 6 | (vi)
that a prisoner serving a sentence for a second | ||||||
| 7 | or subsequent offense of luring a minor shall receive no | ||||||
| 8 | more than 4.5 days of sentence credit for each month of his | ||||||
| 9 | or her sentence of imprisonment; and
| ||||||
| 10 | (vii) that a prisoner serving a sentence for | ||||||
| 11 | aggravated domestic battery shall receive no more than 4.5 | ||||||
| 12 | days of sentence credit for each month of his or her | ||||||
| 13 | sentence of imprisonment. | ||||||
| 14 | (2.1) For all offenses, other than those enumerated in | ||||||
| 15 | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||||||
| 16 | June 19, 1998 or subdivision (a)(2)(iv) committed on or after | ||||||
| 17 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
| 18 | subdivision (a)(2)(v) committed on or after August 13, 2007 | ||||||
| 19 | (the effective date of Public Act 95-134)
or subdivision | ||||||
| 20 | (a)(2)(vi) committed on or after June 1, 2008 (the effective | ||||||
| 21 | date of Public Act 95-625) or subdivision (a)(2)(vii) | ||||||
| 22 | committed on or after July 23, 2010 (the effective date of | ||||||
| 23 | Public Act 96-1224), and other than the offense of aggravated | ||||||
| 24 | driving under the influence of alcohol, other drug or drugs, | ||||||
| 25 | or
intoxicating compound or compounds, or any combination | ||||||
| 26 | thereof as defined in
subparagraph (F) of paragraph (1) of | ||||||
| |||||||
| |||||||
| 1 | subsection (d) of Section 11-501 of the
Illinois Vehicle Code, | ||||||
| 2 | and other than the offense of aggravated driving under the | ||||||
| 3 | influence of alcohol,
other drug or drugs, or intoxicating | ||||||
| 4 | compound or compounds, or any combination
thereof as defined | ||||||
| 5 | in subparagraph (C) of paragraph (1) of subsection (d) of
| ||||||
| 6 | Section 11-501 of the Illinois Vehicle Code committed on or | ||||||
| 7 | after January 1, 2011 (the effective date of Public Act | ||||||
| 8 | 96-1230),
the rules and regulations shall
provide that a | ||||||
| 9 | prisoner who is serving a term of
imprisonment shall receive | ||||||
| 10 | one day of sentence credit for each day of
his or her sentence | ||||||
| 11 | of imprisonment or recommitment under Section 3-3-9.
Each day | ||||||
| 12 | of sentence credit shall reduce by one day the prisoner's | ||||||
| 13 | period
of imprisonment or recommitment under Section 3-3-9.
| ||||||
| 14 | (2.2) A prisoner serving a term of natural life | ||||||
| 15 | imprisonment or a
prisoner who has been sentenced to death | ||||||
| 16 | shall receive no sentence
credit.
| ||||||
| 17 | (2.3) Except as provided in paragraph (4.7) of this | ||||||
| 18 | subsection (a), the rules and regulations on sentence credit | ||||||
| 19 | shall provide that
a prisoner who is serving a sentence for | ||||||
| 20 | aggravated driving under the influence of alcohol,
other drug | ||||||
| 21 | or drugs, or intoxicating compound or compounds, or any | ||||||
| 22 | combination
thereof as defined in subparagraph (F) of | ||||||
| 23 | paragraph (1) of subsection (d) of
Section 11-501 of the | ||||||
| 24 | Illinois Vehicle Code, shall receive no more than 4.5
days of | ||||||
| 25 | sentence credit for each month of his or her sentence of
| ||||||
| 26 | imprisonment.
| ||||||
| |||||||
| |||||||
| 1 | (2.4) Except as provided in paragraph (4.7) of this | ||||||
| 2 | subsection (a), the rules and regulations on sentence credit | ||||||
| 3 | shall provide with
respect to the offenses of aggravated | ||||||
| 4 | battery with a machine gun or a firearm
equipped with any | ||||||
| 5 | device or attachment designed or used for silencing the
report | ||||||
| 6 | of a firearm or aggravated discharge of a machine gun or a | ||||||
| 7 | firearm
equipped with any device or attachment designed or | ||||||
| 8 | used for silencing the
report of a firearm, committed on or | ||||||
| 9 | after
July 15, 1999 (the effective date of Public Act 91-121),
| ||||||
| 10 | that a prisoner serving a sentence for any of these offenses | ||||||
| 11 | shall receive no
more than 4.5 days of sentence credit for each | ||||||
| 12 | month of his or her sentence
of imprisonment.
| ||||||
| 13 | (2.5) Except as provided in paragraph (4.7) of this | ||||||
| 14 | subsection (a), the rules and regulations on sentence credit | ||||||
| 15 | shall provide that a
prisoner who is serving a sentence for | ||||||
| 16 | aggravated arson committed on or after
July 27, 2001 (the | ||||||
| 17 | effective date of Public Act 92-176) shall receive no more | ||||||
| 18 | than
4.5 days of sentence credit for each month of his or her | ||||||
| 19 | sentence of
imprisonment.
| ||||||
| 20 | (2.6) Except as provided in paragraph (4.7) of this | ||||||
| 21 | subsection (a), the rules and regulations on sentence credit | ||||||
| 22 | shall provide that a
prisoner who is serving a sentence for | ||||||
| 23 | aggravated driving under the influence of alcohol,
other drug | ||||||
| 24 | or drugs, or intoxicating compound or compounds or any | ||||||
| 25 | combination
thereof as defined in subparagraph (C) of | ||||||
| 26 | paragraph (1) of subsection (d) of
Section 11-501 of the | ||||||
| |||||||
| |||||||
| 1 | Illinois Vehicle Code committed on or after January 1, 2011 | ||||||
| 2 | (the effective date of Public Act 96-1230) shall receive no | ||||||
| 3 | more than 4.5
days of sentence credit for each month of his or | ||||||
| 4 | her sentence of
imprisonment. | ||||||
| 5 | (3) In addition to the sentence credits earned under | ||||||
| 6 | paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this | ||||||
| 7 | subsection (a), the rules and regulations shall also provide | ||||||
| 8 | that
the Director may award up to 180 days of earned sentence
| ||||||
| 9 | credit for prisoners serving a sentence of incarceration of | ||||||
| 10 | less than 5 years, and up to 365 days of earned sentence credit | ||||||
| 11 | for prisoners serving a sentence of 5 years or longer. The | ||||||
| 12 | Director may grant this credit for good conduct in specific | ||||||
| 13 | instances as the
Director deems proper. The good conduct may | ||||||
| 14 | include, but is not limited to, compliance with the rules and | ||||||
| 15 | regulations of the Department, service to the Department, | ||||||
| 16 | service to a community, or service to the State.
| ||||||
| 17 | Eligible inmates for an award of earned sentence credit | ||||||
| 18 | under
this paragraph (3) may be selected to receive the credit | ||||||
| 19 | at
the Director's or his or her designee's sole discretion.
| ||||||
| 20 | Eligibility for the additional earned sentence credit under | ||||||
| 21 | this paragraph (3) may shall be based on, but is not limited | ||||||
| 22 | to, participation in programming offered by the Department as | ||||||
| 23 | appropriate for the prisoner based on the results of any | ||||||
| 24 | available risk/needs assessment or other relevant assessments | ||||||
| 25 | or evaluations administered by the Department using a | ||||||
| 26 | validated instrument, the circumstances of the crime, | ||||||
| |||||||
| |||||||
| 1 | demonstrated commitment to rehabilitation by a any prisoner | ||||||
| 2 | with a history of conviction for a forcible felony enumerated | ||||||
| 3 | in Section 2-8 of the Criminal Code of 2012, the inmate's | ||||||
| 4 | behavior and improvements in disciplinary history while | ||||||
| 5 | incarcerated, and the inmate's commitment to rehabilitation, | ||||||
| 6 | including participation in programming offered by the | ||||||
| 7 | Department. | ||||||
| 8 | The Director shall not award sentence credit under this | ||||||
| 9 | paragraph (3) to an inmate unless the inmate has served a | ||||||
| 10 | minimum of 60 days of the sentence; except nothing in this | ||||||
| 11 | paragraph shall be construed to permit the Director to extend | ||||||
| 12 | an inmate's sentence beyond that which was imposed by the | ||||||
| 13 | court. Prior to awarding credit under this paragraph (3), the | ||||||
| 14 | Director shall make a written determination that the inmate: | ||||||
| 15 | (A) is eligible for the earned sentence credit; | ||||||
| 16 | (B) has served a minimum of 60 days, or as close to 60 | ||||||
| 17 | days as the sentence will allow; | ||||||
| 18 | (B-1) has received a risk/needs assessment or other | ||||||
| 19 | relevant evaluation or assessment administered by the | ||||||
| 20 | Department using a validated instrument; and | ||||||
| 21 | (C) has met the eligibility criteria established by | ||||||
| 22 | rule for earned sentence credit. | ||||||
| 23 | The Director shall determine the form and content of the | ||||||
| 24 | written determination required in this subsection. | ||||||
| 25 | (3.5) The Department shall provide annual written reports | ||||||
| 26 | to the Governor and the General Assembly on the award of earned | ||||||
| |||||||
| |||||||
| 1 | sentence credit no later than February 1 of each year. The | ||||||
| 2 | Department must publish both reports on its website within 48 | ||||||
| 3 | hours of transmitting the reports to the Governor and the | ||||||
| 4 | General Assembly. The reports must include: | ||||||
| 5 | (A) the number of inmates awarded earned sentence | ||||||
| 6 | credit; | ||||||
| 7 | (B) the average amount of earned sentence credit | ||||||
| 8 | awarded; | ||||||
| 9 | (C) the holding offenses of inmates awarded earned | ||||||
| 10 | sentence credit; and | ||||||
| 11 | (D) the number of earned sentence credit revocations. | ||||||
| 12 | (4)(A) Except as provided in paragraph (4.7) of this | ||||||
| 13 | subsection (a), the rules and regulations shall also provide | ||||||
| 14 | that any prisoner who the sentence
credit accumulated and | ||||||
| 15 | retained under paragraph (2.1) of subsection (a) of
this | ||||||
| 16 | Section by any inmate during specific periods of time in which | ||||||
| 17 | such
inmate is engaged full-time in substance abuse programs, | ||||||
| 18 | correctional
industry assignments, educational programs, | ||||||
| 19 | work-release programs or activities in accordance with Article | ||||||
| 20 | 13 of Chapter III of this Code, behavior modification | ||||||
| 21 | programs, life skills courses, or re-entry planning provided | ||||||
| 22 | by the Department
under this paragraph (4) and satisfactorily | ||||||
| 23 | completes the assigned program as
determined by the standards | ||||||
| 24 | of the Department, shall receive one day of sentence credit | ||||||
| 25 | for each day in which that prisoner is engaged in the | ||||||
| 26 | activities described in this paragraph be multiplied by a | ||||||
| |||||||
| |||||||
| 1 | factor
of 1.25 for program participation before August 11, | ||||||
| 2 | 1993
and 1.50 for program participation on or after that date.
| ||||||
| 3 | The rules and regulations shall also provide that sentence | ||||||
| 4 | credit, subject to the same offense limits and multiplier | ||||||
| 5 | provided in this paragraph, may be provided to an inmate who | ||||||
| 6 | was held in pre-trial detention prior to his or her current | ||||||
| 7 | commitment to the Department of Corrections and successfully | ||||||
| 8 | completed a full-time, 60-day or longer substance abuse | ||||||
| 9 | program, educational program, behavior modification program, | ||||||
| 10 | life skills course, or re-entry planning provided by the | ||||||
| 11 | county department of corrections or county jail. Calculation | ||||||
| 12 | of this county program credit shall be done at sentencing as | ||||||
| 13 | provided in Section 5-4.5-100 of this Code and shall be | ||||||
| 14 | included in the sentencing order. The rules and regulations | ||||||
| 15 | shall also provide that sentence credit may be provided to an | ||||||
| 16 | inmate who is in compliance with programming requirements in | ||||||
| 17 | an adult transition center. However, no inmate shall be | ||||||
| 18 | eligible for the additional sentence credit
under this | ||||||
| 19 | paragraph (4) or (4.1) of this subsection (a) while assigned | ||||||
| 20 | to a boot camp
or electronic detention.
| ||||||
| 21 | (B) The Department shall award sentence credit under this | ||||||
| 22 | paragraph (4) accumulated prior to January 1, 2020 (the | ||||||
| 23 | effective date of Public Act 101-440) this amendatory Act of | ||||||
| 24 | the 101st General Assembly in an amount specified in | ||||||
| 25 | subparagraph (C) of this paragraph (4) to an inmate serving a | ||||||
| 26 | sentence for an offense committed prior to June 19, 1998, if | ||||||
| |||||||
| |||||||
| 1 | the Department determines that the inmate is entitled to this | ||||||
| 2 | sentence credit, based upon: | ||||||
| 3 | (i) documentation provided by the Department that the | ||||||
| 4 | inmate engaged in any full-time substance abuse programs, | ||||||
| 5 | correctional industry assignments, educational programs, | ||||||
| 6 | behavior modification programs, life skills courses, or | ||||||
| 7 | re-entry planning provided by the Department under this | ||||||
| 8 | paragraph (4) and satisfactorily completed the assigned | ||||||
| 9 | program as determined by the standards of the Department | ||||||
| 10 | during the inmate's current term of incarceration; or | ||||||
| 11 | (ii) the inmate's own testimony in the form of an | ||||||
| 12 | affidavit or documentation, or a third party's | ||||||
| 13 | documentation or testimony in the form of an affidavit | ||||||
| 14 | that the inmate likely engaged in any full-time substance | ||||||
| 15 | abuse programs, correctional industry assignments, | ||||||
| 16 | educational programs, behavior modification programs, life | ||||||
| 17 | skills courses, or re-entry planning provided by the | ||||||
| 18 | Department under paragraph (4) and satisfactorily | ||||||
| 19 | completed the assigned program as determined by the | ||||||
| 20 | standards of the Department during the inmate's current | ||||||
| 21 | term of incarceration. | ||||||
| 22 | (C) If the inmate can provide documentation that he or she | ||||||
| 23 | is entitled to sentence credit under subparagraph (B) in | ||||||
| 24 | excess of 45 days of participation in those programs, the | ||||||
| 25 | inmate shall receive 90 days of sentence credit. If the inmate | ||||||
| 26 | cannot provide documentation of more than 45 days of | ||||||
| |||||||
| |||||||
| 1 | participation in those programs, the inmate shall receive 45 | ||||||
| 2 | days of sentence credit. In the event of a disagreement | ||||||
| 3 | between the Department and the inmate as to the amount of | ||||||
| 4 | credit accumulated under subparagraph (B), if the Department | ||||||
| 5 | provides documented proof of a lesser amount of days of | ||||||
| 6 | participation in those programs, that proof shall control. If | ||||||
| 7 | the Department provides no documentary proof, the inmate's | ||||||
| 8 | proof as set forth in clause (ii) of subparagraph (B) shall | ||||||
| 9 | control as to the amount of sentence credit provided. | ||||||
| 10 | (D) If the inmate has been convicted of a sex offense as | ||||||
| 11 | defined in Section 2 of the Sex Offender Registration Act, | ||||||
| 12 | sentencing credits under subparagraph (B) of this paragraph | ||||||
| 13 | (4) shall be awarded by the Department only if the conditions | ||||||
| 14 | set forth in paragraph (4.6) of subsection (a) are satisfied. | ||||||
| 15 | No inmate serving a term of natural life imprisonment shall | ||||||
| 16 | receive sentence credit under subparagraph (B) of this | ||||||
| 17 | paragraph (4). | ||||||
| 18 | Educational, vocational, substance abuse, behavior | ||||||
| 19 | modification programs, life skills courses, re-entry planning, | ||||||
| 20 | and correctional
industry programs under which sentence credit | ||||||
| 21 | may be earned under
this paragraph (4) and paragraph (4.1) of | ||||||
| 22 | this subsection (a) shall be evaluated by the Department on | ||||||
| 23 | the basis of
documented standards. The Department shall report | ||||||
| 24 | the results of these
evaluations to the Governor and the | ||||||
| 25 | General Assembly by September 30th of each
year. The reports | ||||||
| 26 | shall include data relating to the recidivism rate among
| ||||||
| |||||||
| |||||||
| 1 | program participants.
| ||||||
| 2 | Availability of these programs shall be subject to the
| ||||||
| 3 | limits of fiscal resources appropriated by the General | ||||||
| 4 | Assembly for these
purposes. Eligible inmates who are denied | ||||||
| 5 | immediate admission shall be
placed on a waiting list under | ||||||
| 6 | criteria established by the Department. The rules and | ||||||
| 7 | regulations shall provide that a prisoner who has been placed | ||||||
| 8 | on a waiting list but is transferred for non-disciplinary | ||||||
| 9 | reasons before beginning a program shall receive priority | ||||||
| 10 | placement on the waitlist for appropriate programs at the new | ||||||
| 11 | facility.
The inability of any inmate to become engaged in any | ||||||
| 12 | such programs
by reason of insufficient program resources or | ||||||
| 13 | for any other reason
established under the rules and | ||||||
| 14 | regulations of the Department shall not be
deemed a cause of | ||||||
| 15 | action under which the Department or any employee or
agent of | ||||||
| 16 | the Department shall be liable for damages to the inmate. The | ||||||
| 17 | rules and regulations shall provide that a prisoner who begins | ||||||
| 18 | an educational, vocational, substance abuse, work-release | ||||||
| 19 | programs or activities in accordance with Article 13 of | ||||||
| 20 | Chapter III of this Code, behavior modification program, life | ||||||
| 21 | skills course, re-entry planning, or correctional industry | ||||||
| 22 | programs but is unable to complete the program due to illness, | ||||||
| 23 | disability, transfer, lockdown, or another reason outside of | ||||||
| 24 | the prisoner's control shall receive prorated sentence credits | ||||||
| 25 | for the days in which the prisoner did participate.
| ||||||
| 26 | (4.1) Except as provided in paragraph (4.7) of this | ||||||
| |||||||
| |||||||
| 1 | subsection (a), the rules and regulations shall also provide | ||||||
| 2 | that an additional 90 days of sentence credit shall be awarded | ||||||
| 3 | to any prisoner who passes high school equivalency testing | ||||||
| 4 | while the prisoner is committed to the Department of | ||||||
| 5 | Corrections. The sentence credit awarded under this paragraph | ||||||
| 6 | (4.1) shall be in addition to, and shall not affect, the award | ||||||
| 7 | of sentence credit under any other paragraph of this Section, | ||||||
| 8 | but shall also be pursuant to the guidelines and restrictions | ||||||
| 9 | set forth in paragraph (4) of subsection (a) of this Section.
| ||||||
| 10 | The sentence credit provided for in this paragraph shall be | ||||||
| 11 | available only to those prisoners who have not previously | ||||||
| 12 | earned a high school diploma or a high school equivalency | ||||||
| 13 | certificate. If, after an award of the high school equivalency | ||||||
| 14 | testing sentence credit has been made, the Department | ||||||
| 15 | determines that the prisoner was not eligible, then the award | ||||||
| 16 | shall be revoked.
The Department may also award 90 days of | ||||||
| 17 | sentence credit to any committed person who passed high school | ||||||
| 18 | equivalency testing while he or she was held in pre-trial | ||||||
| 19 | detention prior to the current commitment to the Department of | ||||||
| 20 | Corrections. Except as provided in paragraph (4.7) of this | ||||||
| 21 | subsection (a), the rules and regulations shall provide that | ||||||
| 22 | an additional 120 days of sentence credit shall be awarded to | ||||||
| 23 | any prisoner who obtains an associate degree while the | ||||||
| 24 | prisoner is committed to the Department of Corrections, | ||||||
| 25 | regardless of the date that the associate degree was obtained, | ||||||
| 26 | including if prior to July 1, 2021 (the effective date of | ||||||
| |||||||
| |||||||
| 1 | Public Act 101-652). The sentence credit awarded under this | ||||||
| 2 | paragraph (4.1) shall be in addition to, and shall not affect, | ||||||
| 3 | the award of sentence credit under any other paragraph of this | ||||||
| 4 | Section, but shall also be under the guidelines and | ||||||
| 5 | restrictions set forth in paragraph (4) of subsection (a) of | ||||||
| 6 | this Section. The sentence credit provided for in this | ||||||
| 7 | paragraph (4.1) shall be available only to those prisoners who | ||||||
| 8 | have not previously earned an associate degree prior to the | ||||||
| 9 | current commitment to the Department of Corrections. If, after | ||||||
| 10 | an award of the associate degree sentence credit has been made | ||||||
| 11 | and the Department determines that the prisoner was not | ||||||
| 12 | eligible, then the award shall be revoked. The Department may | ||||||
| 13 | also award 120 days of sentence credit to any committed person | ||||||
| 14 | who earned an associate degree while he or she was held in | ||||||
| 15 | pre-trial detention prior to the current commitment to the | ||||||
| 16 | Department of Corrections. | ||||||
| 17 | Except as provided in paragraph (4.7) of this subsection | ||||||
| 18 | (a), the rules and regulations shall provide that an | ||||||
| 19 | additional 180 days of sentence credit shall be awarded to any | ||||||
| 20 | prisoner who obtains a bachelor's degree while the prisoner is | ||||||
| 21 | committed to the Department of Corrections. The sentence | ||||||
| 22 | credit awarded under this paragraph (4.1) shall be in addition | ||||||
| 23 | to, and shall not affect, the award of sentence credit under | ||||||
| 24 | any other paragraph of this Section, but shall also be under | ||||||
| 25 | the guidelines and restrictions set forth in paragraph (4) of | ||||||
| 26 | this subsection (a). The sentence credit provided for in this | ||||||
| |||||||
| |||||||
| 1 | paragraph shall be available only to those prisoners who have | ||||||
| 2 | not earned a bachelor's degree prior to the current commitment | ||||||
| 3 | to the Department of Corrections. If, after an award of the | ||||||
| 4 | bachelor's degree sentence credit has been made, the | ||||||
| 5 | Department determines that the prisoner was not eligible, then | ||||||
| 6 | the award shall be revoked. The Department may also award 180 | ||||||
| 7 | days of sentence credit to any committed person who earned a | ||||||
| 8 | bachelor's degree while he or she was held in pre-trial | ||||||
| 9 | detention prior to the current commitment to the Department of | ||||||
| 10 | Corrections. | ||||||
| 11 | Except as provided in paragraph (4.7) of this subsection | ||||||
| 12 | (a), the rules and regulations shall provide that an | ||||||
| 13 | additional 180 days of sentence credit shall be awarded to any | ||||||
| 14 | prisoner who obtains a master's or professional degree while | ||||||
| 15 | the prisoner is committed to the Department of Corrections. | ||||||
| 16 | The sentence credit awarded under this paragraph (4.1) shall | ||||||
| 17 | be in addition to, and shall not affect, the award of sentence | ||||||
| 18 | credit under any other paragraph of this Section, but shall | ||||||
| 19 | also be under the guidelines and restrictions set forth in | ||||||
| 20 | paragraph (4) of this subsection (a). The sentence credit | ||||||
| 21 | provided for in this paragraph shall be available only to | ||||||
| 22 | those prisoners who have not previously earned a master's or | ||||||
| 23 | professional degree prior to the current commitment to the | ||||||
| 24 | Department of Corrections. If, after an award of the master's | ||||||
| 25 | or professional degree sentence credit has been made, the | ||||||
| 26 | Department determines that the prisoner was not eligible, then | ||||||
| |||||||
| |||||||
| 1 | the award shall be revoked. The Department may also award 180 | ||||||
| 2 | days of sentence credit to any committed person who earned a | ||||||
| 3 | master's or professional degree while he or she was held in | ||||||
| 4 | pre-trial detention prior to the current commitment to the | ||||||
| 5 | Department of Corrections. | ||||||
| 6 | (4.2) The rules and regulations shall also provide that | ||||||
| 7 | any prisoner engaged in self-improvement programs, volunteer | ||||||
| 8 | work, or work assignments that are not otherwise eligible | ||||||
| 9 | activities under paragraph (4), shall receive up to 0.5 days | ||||||
| 10 | of sentence credit for each day in which the prisoner is | ||||||
| 11 | engaged in activities described in this paragraph. | ||||||
| 12 | (4.5) The rules and regulations on sentence credit shall | ||||||
| 13 | also provide that
when the court's sentencing order recommends | ||||||
| 14 | a prisoner for substance abuse treatment and the
crime was | ||||||
| 15 | committed on or after September 1, 2003 (the effective date of
| ||||||
| 16 | Public Act 93-354), the prisoner shall receive no sentence | ||||||
| 17 | credit awarded under clause (3) of this subsection (a) unless | ||||||
| 18 | he or she participates in and
completes a substance abuse | ||||||
| 19 | treatment program. The Director may waive the requirement to | ||||||
| 20 | participate in or complete a substance abuse treatment program | ||||||
| 21 | in specific instances if the prisoner is not a good candidate | ||||||
| 22 | for a substance abuse treatment program for medical, | ||||||
| 23 | programming, or operational reasons. Availability of
substance | ||||||
| 24 | abuse treatment shall be subject to the limits of fiscal | ||||||
| 25 | resources
appropriated by the General Assembly for these | ||||||
| 26 | purposes. If treatment is not
available and the requirement to | ||||||
| |||||||
| |||||||
| 1 | participate and complete the treatment has not been waived by | ||||||
| 2 | the Director, the prisoner shall be placed on a waiting list | ||||||
| 3 | under criteria
established by the Department. The Director may | ||||||
| 4 | allow a prisoner placed on
a waiting list to participate in and | ||||||
| 5 | complete a substance abuse education class or attend substance
| ||||||
| 6 | abuse self-help meetings in lieu of a substance abuse | ||||||
| 7 | treatment program. A prisoner on a waiting list who is not | ||||||
| 8 | placed in a substance abuse program prior to release may be | ||||||
| 9 | eligible for a waiver and receive sentence credit under clause | ||||||
| 10 | (3) of this subsection (a) at the discretion of the Director.
| ||||||
| 11 | (4.6) The rules and regulations on sentence credit shall | ||||||
| 12 | also provide that a prisoner who has been convicted of a sex | ||||||
| 13 | offense as defined in Section 2 of the Sex Offender | ||||||
| 14 | Registration Act shall receive no sentence credit unless he or | ||||||
| 15 | she either has successfully completed or is participating in | ||||||
| 16 | sex offender treatment as defined by the Sex Offender | ||||||
| 17 | Management Board. However, prisoners who are waiting to | ||||||
| 18 | receive treatment, but who are unable to do so due solely to | ||||||
| 19 | the lack of resources on the part of the Department, may, at | ||||||
| 20 | the Director's sole discretion, be awarded sentence credit at | ||||||
| 21 | a rate as the Director shall determine. | ||||||
| 22 | (4.7) On or after January 1, 2018 (the effective date of | ||||||
| 23 | Public Act 100-3) this amendatory Act of the 100th General | ||||||
| 24 | Assembly, sentence credit under paragraph (3), (4), or (4.1) | ||||||
| 25 | of this subsection (a) may be awarded to a prisoner who is | ||||||
| 26 | serving a sentence for an offense described in paragraph (2), | ||||||
| |||||||
| |||||||
| 1 | (2.3), (2.4), (2.5), or (2.6) for credit earned on or after | ||||||
| 2 | January 1, 2018 (the effective date of Public Act 100-3) this | ||||||
| 3 | amendatory Act of the 100th General Assembly; provided, the | ||||||
| 4 | award of the credits under this paragraph (4.7) shall not | ||||||
| 5 | reduce the sentence of the prisoner to less than the following | ||||||
| 6 | 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 12-month | ||||||
| 8 | period, the cumulative amount of
credit revoked exceeds 30 | ||||||
| 9 | days except where the infraction is committed
or discovered | ||||||
| 10 | within 60 days of scheduled release. In those cases,
the | ||||||
| 11 | Department of Corrections may revoke up to 30 days of sentence | ||||||
| 12 | credit.
The Board may subsequently approve the revocation of | ||||||
| 13 | additional sentence credit, if the Department seeks to revoke | ||||||
| 14 | sentence credit in
excess of 30 days. However, the Board shall | ||||||
| 15 | not be empowered to review the
Department's decision with | ||||||
| 16 | respect to the loss of 30 days of sentence
credit within any | ||||||
| 17 | calendar year for any prisoner or to increase any penalty
| ||||||
| 18 | beyond the length requested by the Department.
| ||||||
| 19 | (3) The Director of the Department of Corrections, in | ||||||
| 20 | appropriate cases, may
restore up to 30 days of sentence | ||||||
| 21 | credits which have been revoked, suspended,
or reduced. The | ||||||
| 22 | Department shall prescribe rules and regulations governing the | ||||||
| 23 | restoration of sentence credits. These rules and regulations | ||||||
| 24 | shall provide for the automatic restoration of sentence | ||||||
| 25 | credits following a period in which the prisoner maintains a | ||||||
| 26 | record without a disciplinary violation. Any restoration of | ||||||
| |||||||
| |||||||
| 1 | sentence credits in excess of 30 days shall
be subject to | ||||||
| 2 | review by the Prisoner Review Board. However, the Board may | ||||||
| 3 | not
restore sentence credit in excess of the amount requested | ||||||
| 4 | by the Director.
| ||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21; | ||||||
| 18 | 102-28, eff. 6-25-21; 102-558, eff. 8-20-21.)
| ||||||
| 19 | (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
| ||||||
| 20 | Sec. 5-4-1. Sentencing hearing.
| ||||||
| 21 | (a) Except when the death penalty is
sought under hearing | ||||||
| 22 | procedures otherwise specified, after a
determination of | ||||||
| 23 | guilt, a hearing shall be held to impose the sentence.
| ||||||
| 24 | However, prior to the imposition of sentence on an individual | ||||||
| 25 | being
sentenced for an offense based upon a charge for a | ||||||
| |||||||
| |||||||
| 1 | violation of Section
11-501 of the Illinois Vehicle Code or a | ||||||
| 2 | similar provision of a local
ordinance, the individual must | ||||||
| 3 | undergo a professional evaluation to
determine if an alcohol | ||||||
| 4 | or other drug abuse problem exists and the extent
of such a | ||||||
| 5 | problem. Programs conducting these evaluations shall be
| ||||||
| 6 | licensed by the Department of Human Services. However, if the | ||||||
| 7 | individual is
not a resident of Illinois, the court
may, in its | ||||||
| 8 | discretion, accept an evaluation from a program in the state | ||||||
| 9 | of
such individual's residence. The court shall make a | ||||||
| 10 | specific finding about whether the defendant is eligible for | ||||||
| 11 | participation in a Department impact incarceration program as | ||||||
| 12 | provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an | ||||||
| 13 | explanation as to why a sentence to impact incarceration is | ||||||
| 14 | not an appropriate sentence. The court may in its sentencing | ||||||
| 15 | order recommend a defendant for placement in a Department of | ||||||
| 16 | Corrections substance abuse treatment program as provided in | ||||||
| 17 | paragraph (a) of subsection (1) of Section 3-2-2 conditioned | ||||||
| 18 | upon the defendant being accepted in a program by the | ||||||
| 19 | Department of Corrections. At the
hearing the court
shall:
| ||||||
| 20 | (1) consider the evidence, if any, received upon the | ||||||
| 21 | trial;
| ||||||
| 22 | (2) consider any presentence reports;
| ||||||
| 23 | (3) consider the financial impact of incarceration | ||||||
| 24 | based on the
financial impact statement filed with the | ||||||
| 25 | clerk of the court by the
Department of Corrections;
| ||||||
| 26 | (4) consider evidence and information offered by the | ||||||
| |||||||
| |||||||
| 1 | parties in
aggravation and mitigation; | ||||||
| 2 | (4.5) consider substance abuse treatment, eligibility | ||||||
| 3 | screening, and an assessment, if any, of the defendant by | ||||||
| 4 | an agent designated by the State of Illinois to provide | ||||||
| 5 | assessment services for the Illinois courts;
| ||||||
| 6 | (5) hear arguments as to sentencing alternatives;
| ||||||
| 7 | (6) afford the defendant the opportunity to make a | ||||||
| 8 | statement in his
own behalf;
| ||||||
| 9 | (7) afford the victim of a violent crime or a | ||||||
| 10 | violation of Section
11-501 of the Illinois Vehicle Code, | ||||||
| 11 | or a similar provision of a local
ordinance, the | ||||||
| 12 | opportunity to present an oral or written statement, as | ||||||
| 13 | guaranteed by Article I, Section 8.1 of the Illinois | ||||||
| 14 | Constitution and provided in Section 6 of the Rights of | ||||||
| 15 | Crime Victims and Witnesses Act. The court shall allow a | ||||||
| 16 | victim to make an oral statement if the victim is present | ||||||
| 17 | in the courtroom and requests to make an oral or written | ||||||
| 18 | statement. An oral or written statement includes the | ||||||
| 19 | victim or a representative of the victim reading the | ||||||
| 20 | written statement. The court may allow persons impacted by | ||||||
| 21 | the crime who are not victims under subsection (a) of | ||||||
| 22 | Section 3 of the Rights of Crime Victims and Witnesses Act | ||||||
| 23 | to present an oral or written statement. A victim and any | ||||||
| 24 | person making an oral statement shall not be put under | ||||||
| 25 | oath or subject to cross-examination. All statements | ||||||
| 26 | offered under this paragraph
(7) shall become part of the | ||||||
| |||||||
| |||||||
| 1 | record of the court. In this
paragraph (7), "victim of a | ||||||
| 2 | violent crime" means a person who is a victim of a violent | ||||||
| 3 | crime for which the defendant has been convicted after a | ||||||
| 4 | bench or jury trial or a person who is the victim of a | ||||||
| 5 | violent crime with which the defendant was charged and the | ||||||
| 6 | defendant has been convicted under a plea agreement of a | ||||||
| 7 | crime that is not a violent crime as defined in subsection | ||||||
| 8 | (c) of 3 of the Rights of Crime Victims and Witnesses Act; | ||||||
| 9 | (7.5) afford a qualified person affected by: (i) a | ||||||
| 10 | violation of Section 405, 405.1, 405.2, or 407 of the | ||||||
| 11 | Illinois Controlled Substances Act or a violation of | ||||||
| 12 | Section 55 or Section 65 of the Methamphetamine Control | ||||||
| 13 | and Community Protection Act; or (ii) a Class 4 felony | ||||||
| 14 | violation of Section 11-14, 11-14.3 except as described in | ||||||
| 15 | subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18, | ||||||
| 16 | 11-18.1, or 11-19 of the Criminal Code of 1961 or the | ||||||
| 17 | Criminal Code of 2012, committed by the defendant the | ||||||
| 18 | opportunity to make a statement concerning the impact on | ||||||
| 19 | the qualified person and to offer evidence in aggravation | ||||||
| 20 | or mitigation; provided that the statement and evidence | ||||||
| 21 | offered in aggravation or mitigation shall first be | ||||||
| 22 | prepared in writing in conjunction with the State's | ||||||
| 23 | Attorney before it may be presented orally at the hearing. | ||||||
| 24 | Sworn testimony offered by the qualified person is subject | ||||||
| 25 | to the defendant's right to cross-examine. All statements | ||||||
| 26 | and evidence offered under this paragraph (7.5) shall | ||||||
| |||||||
| |||||||
| 1 | become part of the record of the court. In this paragraph | ||||||
| 2 | (7.5), "qualified person" means any person who: (i) lived | ||||||
| 3 | or worked within the territorial jurisdiction where the | ||||||
| 4 | offense took place when the offense took place; or (ii) is | ||||||
| 5 | familiar with various public places within the territorial | ||||||
| 6 | jurisdiction where the offense took place when the offense | ||||||
| 7 | took place. "Qualified person" includes any peace officer | ||||||
| 8 | or any member of any duly organized State, county, or | ||||||
| 9 | municipal peace officer unit assigned to the territorial | ||||||
| 10 | jurisdiction where the offense took place when the offense | ||||||
| 11 | took place;
| ||||||
| 12 | (8) in cases of reckless homicide afford the victim's | ||||||
| 13 | spouse,
guardians, parents or other immediate family | ||||||
| 14 | members an opportunity to make
oral statements;
| ||||||
| 15 | (9) in cases involving a felony sex offense as defined | ||||||
| 16 | under the Sex
Offender
Management Board Act, consider the | ||||||
| 17 | results of the sex offender evaluation
conducted pursuant | ||||||
| 18 | to Section 5-3-2 of this Act; and
| ||||||
| 19 | (10) make a finding of whether a motor vehicle was | ||||||
| 20 | used in the commission of the offense for which the | ||||||
| 21 | defendant is being sentenced. | ||||||
| 22 | (b) All sentences shall be imposed by the judge based upon | ||||||
| 23 | his
independent assessment of the elements specified above and | ||||||
| 24 | any agreement
as to sentence reached by the parties. The judge | ||||||
| 25 | who presided at the
trial or the judge who accepted the plea of | ||||||
| 26 | guilty shall impose the
sentence unless he is no longer | ||||||
| |||||||
| |||||||
| 1 | sitting as a judge in that court. Where
the judge does not | ||||||
| 2 | impose sentence at the same time on all defendants
who are | ||||||
| 3 | convicted as a result of being involved in the same offense, | ||||||
| 4 | the
defendant or the State's Attorney may advise the | ||||||
| 5 | sentencing court of the
disposition of any other defendants | ||||||
| 6 | who have been sentenced.
| ||||||
| 7 | (b-1) In imposing a sentence of imprisonment or periodic | ||||||
| 8 | imprisonment for a Class 3 or Class 4 felony for which a | ||||||
| 9 | sentence of probation or conditional discharge is an available | ||||||
| 10 | sentence, if the defendant has no prior sentence of probation | ||||||
| 11 | or conditional discharge and no prior conviction for a violent | ||||||
| 12 | crime, the defendant shall not be sentenced to imprisonment | ||||||
| 13 | before review and consideration of a presentence report and | ||||||
| 14 | determination and explanation of why the particular evidence, | ||||||
| 15 | information, factor in aggravation, factual finding, or other | ||||||
| 16 | reasons support a sentencing determination that one or more of | ||||||
| 17 | the factors under subsection (a) of Section 5-6-1 of this Code | ||||||
| 18 | apply and that probation or conditional discharge is not an | ||||||
| 19 | appropriate sentence. | ||||||
| 20 | (c) In imposing a sentence for a violent crime or for an | ||||||
| 21 | offense of
operating or being in physical control of a vehicle | ||||||
| 22 | while under the
influence of alcohol, any other drug or any | ||||||
| 23 | combination thereof, or a
similar provision of a local | ||||||
| 24 | ordinance, when such offense resulted in the
personal injury | ||||||
| 25 | to someone other than the defendant, the trial judge shall
| ||||||
| 26 | specify on the record the particular evidence, information, | ||||||
| |||||||
| |||||||
| 1 | factors in
mitigation and aggravation or other reasons that | ||||||
| 2 | led to his sentencing
determination. The full verbatim record | ||||||
| 3 | of the sentencing hearing shall be
filed with the clerk of the | ||||||
| 4 | court and shall be a public record.
| ||||||
| 5 | (c-1) In imposing a sentence for the offense of aggravated | ||||||
| 6 | kidnapping for
ransom, home invasion, armed robbery, | ||||||
| 7 | aggravated vehicular hijacking,
aggravated discharge of a | ||||||
| 8 | firearm, or armed violence with a category I weapon
or | ||||||
| 9 | category II weapon,
the trial judge shall make a finding as to | ||||||
| 10 | whether the conduct leading to
conviction for the offense | ||||||
| 11 | resulted in great bodily harm to a victim, and
shall enter that | ||||||
| 12 | finding and the basis for that finding in the record.
| ||||||
| 13 | (c-2) If the defendant is sentenced to prison, other than | ||||||
| 14 | when a sentence of
natural life imprisonment or a sentence of | ||||||
| 15 | death is imposed, at the time
the sentence is imposed the judge | ||||||
| 16 | shall
state on the record in open court the approximate period | ||||||
| 17 | of time the defendant
will serve in custody according to the | ||||||
| 18 | then current statutory rules and
regulations for sentence | ||||||
| 19 | credit found in Section 3-6-3 and other related
provisions of | ||||||
| 20 | this Code. This statement is intended solely to inform the
| ||||||
| 21 | public, has no legal effect on the defendant's actual release, | ||||||
| 22 | and may not be
relied on by the defendant on appeal.
| ||||||
| 23 | The judge's statement, to be given after pronouncing the | ||||||
| 24 | sentence, other than
when the sentence is imposed for one of | ||||||
| 25 | the offenses enumerated in paragraph
(a)(4) of Section 3-6-3, | ||||||
| 26 | shall include the following:
| ||||||
| |||||||
| |||||||
| 1 | "The purpose of this statement is to inform the public of | ||||||
| 2 | the actual period
of time this defendant is likely to spend in | ||||||
| 3 | prison as a result of this
sentence. The actual period of | ||||||
| 4 | prison time served is determined by the
statutes of Illinois | ||||||
| 5 | as applied to this sentence by the Illinois Department of
| ||||||
| 6 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
| 7 | case, assuming the defendant
receives all of his or her | ||||||
| 8 | sentence credit, the period of estimated actual
custody is ... | ||||||
| 9 | years and ... months, less up to 180 days additional earned | ||||||
| 10 | sentence credit. If the defendant, because of his or
her own | ||||||
| 11 | misconduct or failure to comply with the institutional | ||||||
| 12 | regulations,
does not receive those credits, the actual time | ||||||
| 13 | served in prison will be
longer. The defendant may also | ||||||
| 14 | receive an additional one-half day sentence
credit for each | ||||||
| 15 | day of participation in vocational, industry, substance abuse,
| ||||||
| 16 | and educational programs as provided for by Illinois statute."
| ||||||
| 17 | When the sentence is imposed for one of the offenses | ||||||
| 18 | enumerated in paragraph
(a)(2) of Section 3-6-3, other than | ||||||
| 19 | first degree murder, and the offense was
committed on or after | ||||||
| 20 | June 19, 1998, and when the sentence is imposed for
reckless | ||||||
| 21 | homicide as defined in subsection (e) of Section 9-3 of the | ||||||
| 22 | Criminal
Code of 1961 or the Criminal Code of 2012 if the | ||||||
| 23 | offense was committed on or after January 1, 1999,
and when the | ||||||
| 24 | sentence is imposed for aggravated driving under the influence
| ||||||
| 25 | of alcohol, other drug or drugs, or intoxicating compound or | ||||||
| 26 | compounds, or
any combination thereof as defined in | ||||||
| |||||||
| |||||||
| 1 | subparagraph (F) of paragraph (1) of
subsection (d) of Section | ||||||
| 2 | 11-501 of the Illinois Vehicle Code, and when
the sentence is | ||||||
| 3 | imposed for aggravated arson if the offense was committed
on | ||||||
| 4 | or after July 27, 2001 (the effective date of Public Act | ||||||
| 5 | 92-176), and when
the sentence is imposed for aggravated | ||||||
| 6 | driving under the influence of alcohol,
other drug or drugs, | ||||||
| 7 | or intoxicating compound or compounds, or any combination
| ||||||
| 8 | thereof as defined in subparagraph (C) of paragraph (1) of | ||||||
| 9 | subsection (d) of
Section 11-501 of the Illinois Vehicle Code | ||||||
| 10 | committed on or after January 1, 2011 (the effective date of | ||||||
| 11 | Public Act 96-1230), the judge's
statement, to be given after | ||||||
| 12 | pronouncing the sentence, shall 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 is entitled to no more than 4 1/2 days of | ||||||
| 20 | sentence credit for
each month of his or her sentence of | ||||||
| 21 | imprisonment. Therefore, this defendant
will serve at least | ||||||
| 22 | 85% of his or her sentence. Assuming the defendant
receives 4 | ||||||
| 23 | 1/2 days credit for each month of his or her sentence, the | ||||||
| 24 | period
of estimated actual custody is ... years and ... | ||||||
| 25 | months. If the defendant,
because of his or her own misconduct | ||||||
| 26 | or failure to comply with the
institutional regulations | ||||||
| |||||||
| |||||||
| 1 | receives lesser credit, the actual time served in
prison will | ||||||
| 2 | be longer."
| ||||||
| 3 | When a sentence of imprisonment is imposed for first | ||||||
| 4 | degree murder and
the offense was committed on or after June | ||||||
| 5 | 19, 1998, the judge's statement,
to be given after pronouncing | ||||||
| 6 | the sentence, shall include the following:
| ||||||
| 7 | "The purpose of this statement is to inform the public of | ||||||
| 8 | the actual period
of time this defendant is likely to spend in | ||||||
| 9 | prison as a result of this
sentence. The actual period of | ||||||
| 10 | prison time served is determined by the
statutes of Illinois | ||||||
| 11 | as applied to this sentence by the Illinois Department
of | ||||||
| 12 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
| 13 | case, the
defendant is not entitled to sentence credit. | ||||||
| 14 | Therefore, this defendant
will serve 100% of his or her | ||||||
| 15 | sentence."
| ||||||
| 16 | When the sentencing order recommends placement in a | ||||||
| 17 | substance abuse program for any offense that results in | ||||||
| 18 | incarceration
in a Department of Corrections facility and the | ||||||
| 19 | crime was
committed on or after September 1, 2003 (the | ||||||
| 20 | effective date of Public Act
93-354), the judge's
statement, | ||||||
| 21 | in addition to any other judge's statement required under this
| ||||||
| 22 | Section, to be given after pronouncing the sentence, shall | ||||||
| 23 | include the
following:
| ||||||
| 24 | "The purpose of this statement is to inform the public of
| ||||||
| 25 | the actual period of time this defendant is likely to spend in
| ||||||
| 26 | prison as a result of this sentence. The actual period of
| ||||||
| |||||||
| |||||||
| 1 | prison time served is determined by the statutes of Illinois | ||||||
| 2 | as
applied to this sentence by the Illinois Department of
| ||||||
| 3 | Corrections and the Illinois Prisoner Review Board. In this
| ||||||
| 4 | case, the defendant shall receive no earned sentence credit | ||||||
| 5 | under clause (3) of subsection (a) of Section 3-6-3 until he or
| ||||||
| 6 | she participates in and completes a substance abuse treatment | ||||||
| 7 | program or receives a waiver from the Director of Corrections | ||||||
| 8 | pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
| ||||||
| 9 | (c-4) Before the sentencing hearing and as part of the | ||||||
| 10 | presentence investigation under Section 5-3-1, the court shall | ||||||
| 11 | inquire of the defendant whether the defendant is currently | ||||||
| 12 | serving in or is a veteran of the Armed Forces of the United | ||||||
| 13 | States.
If the defendant is currently serving in the Armed | ||||||
| 14 | Forces of the United States or is a veteran of the Armed Forces | ||||||
| 15 | of the United States and has been diagnosed as having a mental | ||||||
| 16 | illness by a qualified psychiatrist or clinical psychologist | ||||||
| 17 | or physician, the court may: | ||||||
| 18 | (1) order that the officer preparing the presentence | ||||||
| 19 | report consult with the United States Department of | ||||||
| 20 | Veterans Affairs, Illinois Department of Veterans' | ||||||
| 21 | Affairs, or another agency or person with suitable | ||||||
| 22 | knowledge or experience for the purpose of providing the | ||||||
| 23 | court with information regarding treatment options | ||||||
| 24 | available to the defendant, including federal, State, and | ||||||
| 25 | local programming; and | ||||||
| 26 | (2) consider the treatment recommendations of any | ||||||
| |||||||
| |||||||
| 1 | diagnosing or treating mental health professionals | ||||||
| 2 | together with the treatment options available to the | ||||||
| 3 | defendant in imposing sentence. | ||||||
| 4 | For the purposes of this subsection (c-4), "qualified | ||||||
| 5 | psychiatrist" means a reputable physician licensed in Illinois | ||||||
| 6 | to practice medicine in all its branches, who has specialized | ||||||
| 7 | in the diagnosis and treatment of mental and nervous disorders | ||||||
| 8 | for a period of not less than 5 years. | ||||||
| 9 | (c-6) In imposing a sentence, the trial judge shall | ||||||
| 10 | specify, on the record, the particular evidence and other | ||||||
| 11 | reasons which led to his or her determination that a motor | ||||||
| 12 | vehicle was used in the commission of the offense. | ||||||
| 13 | (c-7) In imposing a sentence for a Class 3 or 4 felony, | ||||||
| 14 | other than a violent crime as defined in Section 3 of the | ||||||
| 15 | Rights of Crime Victims and Witnesses Act, the court shall | ||||||
| 16 | determine and indicate in the sentencing order whether the | ||||||
| 17 | defendant has 4 or more or fewer than 4 months remaining on his | ||||||
| 18 | or her sentence accounting for time served. | ||||||
| 19 | (d) When the defendant is committed to the Department of
| ||||||
| 20 | Corrections, the State's Attorney shall and counsel for the | ||||||
| 21 | defendant
may file a statement with the clerk of the court to | ||||||
| 22 | be transmitted to
the department, agency or institution to | ||||||
| 23 | which the defendant is
committed to furnish such department, | ||||||
| 24 | agency or institution with the
facts and circumstances of the | ||||||
| 25 | offense for which the person was
committed together with all | ||||||
| 26 | other factual information accessible to them
in regard to the | ||||||
| |||||||
| |||||||
| 1 | person prior to his commitment relative to his habits,
| ||||||
| 2 | associates, disposition and reputation and any other facts and
| ||||||
| 3 | circumstances which may aid such department, agency or | ||||||
| 4 | institution
during its custody of such person. The clerk shall | ||||||
| 5 | within 10 days after
receiving any such statements transmit a | ||||||
| 6 | copy to such department, agency
or institution and a copy to | ||||||
| 7 | the other party, provided, however, that
this shall not be | ||||||
| 8 | cause for delay in conveying the person to the
department, | ||||||
| 9 | agency or institution to which he has been committed.
| ||||||
| 10 | (e) The clerk of the court shall transmit to the | ||||||
| 11 | department,
agency or institution, if any, to which the | ||||||
| 12 | defendant is committed, the
following:
| ||||||
| 13 | (1) the sentence imposed;
| ||||||
| 14 | (2) any statement by the court of the basis for | ||||||
| 15 | imposing the sentence;
| ||||||
| 16 | (3) any presentence reports;
| ||||||
| 17 | (3.5) any sex offender evaluations;
| ||||||
| 18 | (3.6) any substance abuse treatment eligibility | ||||||
| 19 | screening and assessment of the defendant by an agent | ||||||
| 20 | designated by the State of Illinois to provide assessment | ||||||
| 21 | services for the Illinois courts;
| ||||||
| 22 | (4) the number of days, if any, which the defendant | ||||||
| 23 | has been in
custody and for which he is entitled to credit | ||||||
| 24 | against the sentence,
which information shall be provided | ||||||
| 25 | to the clerk by the sheriff;
| ||||||
| 26 | (4.1) any finding of great bodily harm made by the | ||||||
| |||||||
| |||||||
| 1 | court with respect
to an offense enumerated in subsection | ||||||
| 2 | (c-1);
| ||||||
| 3 | (5) all statements filed under subsection (d) of this | ||||||
| 4 | Section;
| ||||||
| 5 | (6) any medical or mental health records or summaries | ||||||
| 6 | of the defendant;
| ||||||
| 7 | (7) the municipality where the arrest of the offender | ||||||
| 8 | or the commission
of the offense has occurred, where such | ||||||
| 9 | municipality has a population of
more than 25,000 persons;
| ||||||
| 10 | (8) all statements made and evidence offered under | ||||||
| 11 | paragraph (7) of
subsection (a) of this Section; and
| ||||||
| 12 | (9) all additional matters which the court directs the | ||||||
| 13 | clerk to
transmit.
| ||||||
| 14 | (f) In cases in which the court finds that a motor vehicle | ||||||
| 15 | was used in the commission of the offense for which the | ||||||
| 16 | defendant is being sentenced, the clerk of the court shall, | ||||||
| 17 | within 5 days thereafter, forward a report of such conviction | ||||||
| 18 | to the Secretary of State. | ||||||
| 19 | (Source: P.A. 100-961, eff. 1-1-19; 101-81, eff. 7-12-19; | ||||||
| 20 | 101-105, eff. 1-1-20; 101-652.)
| ||||||
| 21 | (730 ILCS 5/5-4.5-95) | ||||||
| 22 | Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS. | ||||||
| 23 | (a) HABITUAL CRIMINALS. | ||||||
| 24 | (1) Every person who has been twice convicted in any | ||||||
| 25 | state or federal court of an offense that contains the | ||||||
| |||||||
| |||||||
| 1 | same elements as an offense now (the date of the offense | ||||||
| 2 | committed after the 2 prior convictions) classified in | ||||||
| 3 | Illinois as a Class X felony, criminal sexual assault, | ||||||
| 4 | aggravated kidnapping, or first degree murder, and who is | ||||||
| 5 | thereafter convicted of a Class X felony, criminal sexual | ||||||
| 6 | assault, or first degree murder, committed after the 2 | ||||||
| 7 | prior convictions, shall be adjudged an habitual criminal. | ||||||
| 8 | (2) The 2 prior convictions need not have been for the | ||||||
| 9 | same offense. | ||||||
| 10 | (3) Any convictions that result from or are connected | ||||||
| 11 | with the same transaction, or result from offenses | ||||||
| 12 | committed at the same time, shall be counted for the | ||||||
| 13 | purposes of this Section as one conviction. | ||||||
| 14 | (4) This Section does not apply unless each of the | ||||||
| 15 | following requirements are satisfied: | ||||||
| 16 | (A) The third offense was committed after July 3, | ||||||
| 17 | 1980. | ||||||
| 18 | (B) The third offense was committed within 20 | ||||||
| 19 | years of the date that judgment was entered on the | ||||||
| 20 | first conviction; provided, however, that time spent | ||||||
| 21 | in custody shall not be counted. | ||||||
| 22 | (C) The third offense was committed after | ||||||
| 23 | conviction on the second offense. | ||||||
| 24 | (D) The second offense was committed after | ||||||
| 25 | conviction on the first offense. | ||||||
| 26 | (E) The first offense was committed when the | ||||||
| |||||||
| |||||||
| 1 | person was 21 years of age or older. | ||||||
| 2 | (5) Anyone who, having attained the age of 18 at the | ||||||
| 3 | time of the third offense, is adjudged an habitual | ||||||
| 4 | criminal shall be sentenced to a term of natural life | ||||||
| 5 | imprisonment. | ||||||
| 6 | (6) A prior conviction shall not be alleged in the | ||||||
| 7 | indictment, and no evidence or other disclosure of that | ||||||
| 8 | conviction shall be presented to the court or the jury | ||||||
| 9 | during the trial of an offense set forth in this Section | ||||||
| 10 | unless otherwise permitted by the issues properly raised | ||||||
| 11 | in that trial. After a plea or verdict or finding of guilty | ||||||
| 12 | and before sentence is imposed, the prosecutor may file | ||||||
| 13 | with the court a verified written statement signed by the | ||||||
| 14 | State's Attorney concerning any former conviction of an | ||||||
| 15 | offense set forth in this Section rendered against the | ||||||
| 16 | defendant. The court shall then cause the defendant to be | ||||||
| 17 | brought before it; shall inform the defendant of the | ||||||
| 18 | allegations of the statement so filed, and of his or her | ||||||
| 19 | right to a hearing before the court on the issue of that | ||||||
| 20 | former conviction and of his or her right to counsel at | ||||||
| 21 | that hearing; and unless the defendant admits such | ||||||
| 22 | conviction, shall hear and determine the issue, and shall | ||||||
| 23 | make a written finding thereon. If a sentence has | ||||||
| 24 | previously been imposed, the court may vacate that | ||||||
| 25 | sentence and impose a new sentence in accordance with this | ||||||
| 26 | Section. | ||||||
| |||||||
| |||||||
| 1 | (7) A duly authenticated copy of the record of any | ||||||
| 2 | alleged former conviction of an offense set forth in this | ||||||
| 3 | Section shall be prima facie evidence of that former | ||||||
| 4 | conviction; and a duly authenticated copy of the record of | ||||||
| 5 | the defendant's final release or discharge from probation | ||||||
| 6 | granted, or from sentence and parole supervision (if any) | ||||||
| 7 | imposed pursuant to that former conviction, shall be prima | ||||||
| 8 | facie evidence of that release or discharge. | ||||||
| 9 | (8) Any claim that a previous conviction offered by | ||||||
| 10 | the prosecution is not a former conviction of an offense | ||||||
| 11 | set forth in this Section because of the existence of any | ||||||
| 12 | exceptions described in this Section, is waived unless | ||||||
| 13 | duly raised at the hearing on that conviction, or unless | ||||||
| 14 | the prosecution's proof shows the existence of the | ||||||
| 15 | exceptions described in this Section. | ||||||
| 16 | (9) If the person so convicted shows to the | ||||||
| 17 | satisfaction of the court before whom that conviction was | ||||||
| 18 | had that he or she was released from imprisonment, upon | ||||||
| 19 | either of the sentences upon a pardon granted for the | ||||||
| 20 | reason that he or she was innocent, that conviction and | ||||||
| 21 | sentence shall not be considered under this Section.
| ||||||
| 22 | (b) When a defendant, over the age of 21 years, is | ||||||
| 23 | convicted of a Class 1 or Class 2 forcible felony, except for | ||||||
| 24 | an offense listed in subsection (c) of this Section, after | ||||||
| 25 | having twice been convicted in any state or federal court of an | ||||||
| 26 | offense that contains the same elements as an offense now (the | ||||||
| |||||||
| |||||||
| 1 | date the Class 1 or Class 2 forcible felony was committed) | ||||||
| 2 | classified in Illinois as a Class 2 or greater Class forcible | ||||||
| 3 | felony, except for an offense listed in subsection (c) of this | ||||||
| 4 | Section, and those charges are separately brought and tried | ||||||
| 5 | and arise out of different series of acts, that defendant | ||||||
| 6 | shall be sentenced as a Class X offender. This subsection does | ||||||
| 7 | not apply unless: | ||||||
| 8 | (1) the first forcible felony was committed after | ||||||
| 9 | February 1, 1978 (the effective date of Public Act | ||||||
| 10 | 80-1099); | ||||||
| 11 | (2) the second forcible felony was committed after | ||||||
| 12 | conviction on the first; and | ||||||
| 13 | (3) the third forcible felony was committed after | ||||||
| 14 | conviction on the second; and | ||||||
| 15 | (4) the first offense was committed when the person | ||||||
| 16 | was 21 years of age or older. | ||||||
| 17 | (c) (Blank). Subsection (b) of this Section does not apply | ||||||
| 18 | to Class 1 or Class 2 felony convictions for a violation of | ||||||
| 19 | Section 16-1 of the Criminal Code of 2012. | ||||||
| 20 | A person sentenced as a Class X offender under this | ||||||
| 21 | subsection (b) is not eligible to apply for treatment as a | ||||||
| 22 | condition of probation as provided by Section 40-10 of the | ||||||
| 23 | Substance Use Disorder Act (20 ILCS 301/40-10).
| ||||||
| 24 | (Source: P.A. 99-69, eff. 1-1-16; 100-3, eff. 1-1-18; 100-759, | ||||||
| 25 | eff. 1-1-19; 101-652.)
| ||||||
| |||||||
| |||||||
| 1 | (730 ILCS 5/5-4.5-100)
| ||||||
| 2 | Sec. 5-4.5-100. CALCULATION OF TERM OF IMPRISONMENT. | ||||||
| 3 | (a) COMMENCEMENT. A sentence of imprisonment shall | ||||||
| 4 | commence on the date on which the offender is received by the | ||||||
| 5 | Department or the institution at which the sentence is to be | ||||||
| 6 | served. | ||||||
| 7 | (b) CREDIT; TIME IN CUSTODY; SAME CHARGE. Except as set | ||||||
| 8 | forth in subsection (e), the offender shall be given credit on | ||||||
| 9 | the determinate sentence or maximum term and the minimum | ||||||
| 10 | period of imprisonment for the number of days spent in custody | ||||||
| 11 | as a result of the offense for which the sentence was imposed. | ||||||
| 12 | The Department shall calculate the credit at the rate | ||||||
| 13 | specified in Section 3-6-3 (730 ILCS 5/3-6-3). The Except when | ||||||
| 14 | prohibited by subsection (d), the trial court shall give | ||||||
| 15 | credit to the defendant for time spent in home detention on the | ||||||
| 16 | same sentencing terms as incarceration as provided in Section | ||||||
| 17 | 5-8A-3 (730 ILCS 5/5-8A-3). Home detention for purposes of | ||||||
| 18 | credit includes restrictions on liberty such as curfews | ||||||
| 19 | restricting movement for 12 hours or more per day and | ||||||
| 20 | electronic monitoring that restricts travel or movement. | ||||||
| 21 | Electronic monitoring is not required for home detention to be | ||||||
| 22 | considered custodial for purposes of sentencing credit. The | ||||||
| 23 | trial court may give credit to the defendant for the number of | ||||||
| 24 | days spent confined for psychiatric or substance abuse | ||||||
| 25 | treatment prior to judgment, if the court finds that the | ||||||
| 26 | detention or confinement was custodial. | ||||||
| |||||||
| |||||||
| 1 | (c) CREDIT; TIME IN CUSTODY; FORMER CHARGE. An offender | ||||||
| 2 | arrested on one charge and prosecuted on another charge for | ||||||
| 3 | conduct that occurred prior to his or her arrest shall be given | ||||||
| 4 | credit on the determinate sentence or maximum term and the | ||||||
| 5 | minimum term of imprisonment for time spent in custody under | ||||||
| 6 | the former charge not credited against another sentence.
| ||||||
| 7 | (c-5) CREDIT; PROGRAMMING. The trial court shall give the | ||||||
| 8 | defendant credit for successfully completing county | ||||||
| 9 | programming while in custody prior to imposition of sentence | ||||||
| 10 | at the rate specified in Section 3-6-3 (730 ILCS 5/3-6-3). For | ||||||
| 11 | the purposes of this subsection, "custody" includes time spent | ||||||
| 12 | in home detention. | ||||||
| 13 | (d) (Blank). NO CREDIT; SOME HOME DETENTION. An offender | ||||||
| 14 | sentenced to a term of imprisonment for an offense listed in | ||||||
| 15 | paragraph (2) of subsection (c) of Section 5-5-3 (730 ILCS | ||||||
| 16 | 5/5-5-3) or in paragraph (3) of subsection (c-1) of Section | ||||||
| 17 | 11-501 of the Illinois Vehicle Code (625 ILCS 5/11-501) shall | ||||||
| 18 | not receive credit for time spent in home detention prior to | ||||||
| 19 | judgment.
| ||||||
| 20 | (e) NO CREDIT; REVOCATION OF PAROLE, MANDATORY SUPERVISED | ||||||
| 21 | RELEASE, OR PROBATION. An offender charged with the commission | ||||||
| 22 | of an offense committed while on parole, mandatory supervised | ||||||
| 23 | release, or probation shall not be given credit for time spent | ||||||
| 24 | in custody under subsection (b) for that offense for any time | ||||||
| 25 | spent in custody as a result of a revocation of parole, | ||||||
| 26 | mandatory supervised release, or probation where such | ||||||
| |||||||
| |||||||
| 1 | revocation is based on a sentence imposed for a previous | ||||||
| 2 | conviction, regardless of the facts upon which the revocation | ||||||
| 3 | of parole, mandatory supervised release, or probation is | ||||||
| 4 | based, unless both the State and the defendant agree that the | ||||||
| 5 | time served for a violation of mandatory supervised release, | ||||||
| 6 | parole, or probation shall be credited towards the sentence | ||||||
| 7 | for the current offense. | ||||||
| 8 | (Source: P.A. 96-1000, eff. 7-2-10; 97-697, eff. 6-22-12; | ||||||
| 9 | 101-652.)
| ||||||
| 10 | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| ||||||
| 11 | Sec. 5-8-1. Natural life imprisonment; enhancements for | ||||||
| 12 | use of a firearm; mandatory supervised release terms.
| ||||||
| 13 | (a) Except as otherwise provided in the statute defining | ||||||
| 14 | the offense or in Article 4.5 of Chapter V, a
sentence of | ||||||
| 15 | imprisonment for a felony shall be a determinate sentence set | ||||||
| 16 | by
the court under this Section, subject to Section 5-4.5-115 | ||||||
| 17 | of this Code, according to the following limitations:
| ||||||
| 18 | (1) for first degree murder,
| ||||||
| 19 | (a) (blank),
| ||||||
| 20 | (b) if a trier of fact finds beyond a reasonable
| ||||||
| 21 | doubt that the murder was accompanied by exceptionally
| ||||||
| 22 | brutal or heinous behavior indicative of wanton | ||||||
| 23 | cruelty or, except as set forth
in subsection | ||||||
| 24 | (a)(1)(c) of this Section, that any of the aggravating | ||||||
| 25 | factors
listed in subsection (b) or (b-5) of Section | ||||||
| |||||||
| |||||||
| 1 | 9-1 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 2 | of 2012 are
present, the court may sentence the | ||||||
| 3 | defendant, subject to Section 5-4.5-105, to a term of | ||||||
| 4 | natural life
imprisonment, or
| ||||||
| 5 | (c) the court shall sentence the defendant to a | ||||||
| 6 | term of natural life
imprisonment if the defendant, at | ||||||
| 7 | the time of the commission of the murder, had attained | ||||||
| 8 | the age of 18, and:
| ||||||
| 9 | (i) has previously been convicted of first | ||||||
| 10 | degree murder under
any state or federal law, or
| ||||||
| 11 | (ii) is found guilty of murdering more
than | ||||||
| 12 | one victim, or
| ||||||
| 13 | (iii) is found guilty of murdering a peace | ||||||
| 14 | officer, fireman, or emergency management worker | ||||||
| 15 | when
the peace officer, fireman, or emergency | ||||||
| 16 | management worker was killed in the course of | ||||||
| 17 | performing his
official duties, or to prevent the | ||||||
| 18 | peace officer or fireman from
performing his | ||||||
| 19 | official duties, or in retaliation for the peace | ||||||
| 20 | officer,
fireman, or emergency management worker | ||||||
| 21 | from performing his official duties, and the | ||||||
| 22 | defendant knew or should
have known that the | ||||||
| 23 | murdered individual was a peace officer, fireman, | ||||||
| 24 | or emergency management worker, or
| ||||||
| 25 | (iv) is found guilty of murdering an employee | ||||||
| 26 | of an institution or
facility of the Department of | ||||||
| |||||||
| |||||||
| 1 | Corrections, or any similar local
correctional | ||||||
| 2 | agency, when the employee was killed in the course | ||||||
| 3 | of
performing his official duties, or to prevent | ||||||
| 4 | the employee from performing
his official duties, | ||||||
| 5 | or in retaliation for the employee performing his
| ||||||
| 6 | official duties, or
| ||||||
| 7 | (v) is found guilty of murdering an emergency | ||||||
| 8 | medical
technician - ambulance, emergency medical | ||||||
| 9 | technician - intermediate, emergency
medical | ||||||
| 10 | technician - paramedic, ambulance driver or other | ||||||
| 11 | medical assistance or
first aid person while | ||||||
| 12 | employed by a municipality or other governmental | ||||||
| 13 | unit
when the person was killed in the course of | ||||||
| 14 | performing official duties or
to prevent the | ||||||
| 15 | person from performing official duties or in | ||||||
| 16 | retaliation
for performing official duties and the | ||||||
| 17 | defendant knew or should have known
that the | ||||||
| 18 | murdered individual was an emergency medical | ||||||
| 19 | technician - ambulance,
emergency medical | ||||||
| 20 | technician - intermediate, emergency medical
| ||||||
| 21 | technician - paramedic, ambulance driver, or other | ||||||
| 22 | medical
assistant or first aid personnel, or
| ||||||
| 23 | (vi) (blank), or
| ||||||
| 24 | (vii) is found guilty of first degree murder | ||||||
| 25 | and the murder was
committed by reason of any | ||||||
| 26 | person's activity as a community policing | ||||||
| |||||||
| |||||||
| 1 | volunteer
or to prevent any person from engaging | ||||||
| 2 | in activity as a community policing
volunteer. For | ||||||
| 3 | the purpose of this Section, "community policing | ||||||
| 4 | volunteer"
has the meaning ascribed to it in | ||||||
| 5 | Section 2-3.5 of the Criminal Code of 2012.
| ||||||
| 6 | For purposes of clause (v), "emergency medical | ||||||
| 7 | technician - ambulance",
"emergency medical technician - | ||||||
| 8 | intermediate", "emergency medical technician -
| ||||||
| 9 | paramedic", have the meanings ascribed to them in the | ||||||
| 10 | Emergency Medical
Services (EMS) Systems Act.
| ||||||
| 11 | (d)(i) if the person committed the offense while | ||||||
| 12 | armed with a
firearm, 15 years shall be added to | ||||||
| 13 | the term of imprisonment imposed by the
court;
| ||||||
| 14 | (ii) if, during the commission of the offense, the | ||||||
| 15 | person
personally discharged a firearm, 20 years shall | ||||||
| 16 | be added to the term of
imprisonment imposed by the | ||||||
| 17 | court;
| ||||||
| 18 | (iii) if, during the commission of the offense, | ||||||
| 19 | the person
personally discharged a firearm that | ||||||
| 20 | proximately caused great bodily harm,
permanent | ||||||
| 21 | disability, permanent disfigurement, or death to | ||||||
| 22 | another person, 25
years or up to a term of natural | ||||||
| 23 | life shall be added to the term of
imprisonment | ||||||
| 24 | imposed by the court.
| ||||||
| 25 | (2) (blank);
| ||||||
| 26 | (2.5) for a person who has attained the age of 18 years
| ||||||
| |||||||
| |||||||
| 1 | at the time of the commission of the offense and
who is | ||||||
| 2 | convicted under the circumstances described in subdivision | ||||||
| 3 | (b)(1)(B) of Section 11-1.20 or
paragraph (3) of | ||||||
| 4 | subsection (b) of Section 12-13, subdivision (d)(2) of | ||||||
| 5 | Section 11-1.30 or paragraph (2) of subsection
(d) of | ||||||
| 6 | Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or | ||||||
| 7 | paragraph (1.2) of subsection (b) of
Section 12-14.1, | ||||||
| 8 | subdivision (b)(2) of Section 11-1.40 or paragraph (2) of | ||||||
| 9 | subsection (b) of Section 12-14.1
of the Criminal Code of | ||||||
| 10 | 1961 or the Criminal Code of 2012, the sentence shall be a | ||||||
| 11 | term of natural life
imprisonment.
| ||||||
| 12 | (b) (Blank).
| ||||||
| 13 | (c) (Blank).
| ||||||
| 14 | (d) Subject to
earlier termination under Section 3-3-8, | ||||||
| 15 | the parole or mandatory
supervised release term shall be | ||||||
| 16 | written as part of the sentencing order and shall be as | ||||||
| 17 | follows:
| ||||||
| 18 | (1) for first degree murder or for the offenses of | ||||||
| 19 | predatory criminal sexual assault of a child, aggravated | ||||||
| 20 | criminal sexual assault, and criminal sexual assault if | ||||||
| 21 | committed on or before December 12, 2005 or a Class X | ||||||
| 22 | felony except for the offenses of predatory criminal | ||||||
| 23 | sexual assault of a child, aggravated criminal sexual | ||||||
| 24 | assault, and criminal sexual assault if committed on or | ||||||
| 25 | after the effective date of this amendatory Act of the | ||||||
| 26 | 94th General Assembly and except for the offense of | ||||||
| |||||||
| |||||||
| 1 | aggravated child pornography under Section 11-20.1B, | ||||||
| 2 | 11-20.3, or 11-20.1 with sentencing under subsection (c-5) | ||||||
| 3 | of Section 11-20.1 of the Criminal Code of 1961 or the | ||||||
| 4 | Criminal Code of 2012, if committed on or after January 1, | ||||||
| 5 | 2009, 3 years;
| ||||||
| 6 | (1.5) except as provided in paragraph (7) of this | ||||||
| 7 | subsection (d), for a Class X felony except for the | ||||||
| 8 | offenses of predatory criminal sexual assault of a child, | ||||||
| 9 | aggravated criminal sexual assault, and criminal sexual | ||||||
| 10 | assault if committed on or after December 13, 2005 (the | ||||||
| 11 | effective date of Public Act 94-715) and except for the | ||||||
| 12 | offense of aggravated child pornography under Section | ||||||
| 13 | 11-20.1B., 11-20.3, or 11-20.1 with sentencing under | ||||||
| 14 | subsection (c-5) of Section 11-20.1 of the Criminal Code | ||||||
| 15 | of 1961 or the Criminal Code of 2012, if committed on or | ||||||
| 16 | after January 1, 2009, 18 months; | ||||||
| 17 | (2) except as provided in paragraph (7) of this | ||||||
| 18 | subsection (d), for a Class 1 felony or a Class 2 felony | ||||||
| 19 | except for the offense of criminal sexual assault if | ||||||
| 20 | committed on or after December 13, 2005 (the effective | ||||||
| 21 | date of Public Act 94-715) this amendatory Act of the 94th | ||||||
| 22 | General Assembly and except for the offenses of | ||||||
| 23 | manufacture and dissemination of child pornography under | ||||||
| 24 | clauses (a)(1) and (a)(2) of Section 11-20.1 of the | ||||||
| 25 | Criminal Code of 1961 or the Criminal Code of 2012, if | ||||||
| 26 | committed on or after January 1, 2009, 12 months 2 years;
| ||||||
| |||||||
| |||||||
| 1 | (3) except as provided in paragraph (4), (6), or (7) | ||||||
| 2 | of this subsection (d), a mandatory supervised release | ||||||
| 3 | term shall not be imposed for a Class 3 felony or a Class 4 | ||||||
| 4 | felony; unless: | ||||||
| 5 | (A) the Prisoner Review Board, based on a | ||||||
| 6 | validated risk and needs assessment, determines it is | ||||||
| 7 | necessary for an offender to serve a mandatory | ||||||
| 8 | supervised release term; | ||||||
| 9 | (B) if the Prisoner Review Board determines a | ||||||
| 10 | mandatory supervised release term is necessary | ||||||
| 11 | pursuant to subparagraph (A) of this paragraph (3), | ||||||
| 12 | the Prisoner Review Board shall specify the maximum | ||||||
| 13 | number of months of mandatory supervised release the | ||||||
| 14 | offender may serve, limited to a term of:
(i) 12 months | ||||||
| 15 | for a Class 3 felony;
and (ii) 12 months for a Class 4 | ||||||
| 16 | felony for a Class 3 felony or a Class 4 felony, 1 | ||||||
| 17 | year;
| ||||||
| 18 | (4) for defendants who commit the offense of predatory | ||||||
| 19 | criminal sexual assault of a child, aggravated criminal | ||||||
| 20 | sexual assault, or criminal sexual assault, on or after | ||||||
| 21 | December 13, 2005 (the effective date of Public Act | ||||||
| 22 | 94-715) this amendatory Act of the 94th General Assembly, | ||||||
| 23 | or who commit the offense of aggravated child pornography | ||||||
| 24 | under Section 11-20.1B, 11-20.3, or 11-20.1 with | ||||||
| 25 | sentencing under subsection (c-5) of Section 11-20.1 of | ||||||
| 26 | the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| |||||||
| |||||||
| 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 | (7) for any felony described in paragraph (a)(2)(ii), | ||||||
| 15 | (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3), | ||||||
| 16 | (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section | ||||||
| 17 | 3-6-3 of the Unified Code of Corrections requiring an | ||||||
| 18 | inmate to serve a minimum of 85% of their court-imposed | ||||||
| 19 | sentence, except for the offenses of predatory criminal | ||||||
| 20 | sexual assault of a child, aggravated criminal sexual | ||||||
| 21 | assault, and criminal sexual assault if committed on or | ||||||
| 22 | after December 13, 2005 (the effective date of Public Act | ||||||
| 23 | 94-715) and except for 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, | ||||||
| |||||||
| |||||||
| 1 | if committed on or after January 1, 2009 and except as | ||||||
| 2 | provided in paragraph (4) or paragraph (6) of this | ||||||
| 3 | subsection (d), the term of mandatory supervised release | ||||||
| 4 | shall be as follows: | ||||||
| 5 | (A) Class X felony, 3 years; | ||||||
| 6 | (B) Class 1 or Class 2 felonies, 2 years; | ||||||
| 7 | (C) Class 3 or Class 4 felonies, 1 year. | ||||||
| 8 | (e) (Blank).
| ||||||
| 9 | (f) (Blank).
| ||||||
| 10 | (g) Notwithstanding any other provisions of this Act and | ||||||
| 11 | of Public Act 101-652: (i) the provisions of paragraph (3) of | ||||||
| 12 | subsection (d) are effective on January 1, 2022 and shall | ||||||
| 13 | apply to all individuals convicted on or after the effective | ||||||
| 14 | date of paragraph (3) of subsection (d); and (ii) the | ||||||
| 15 | provisions of paragraphs (1.5) and (2) of subsection (d) are | ||||||
| 16 | effective on July 1, 2021 and shall apply to all individuals | ||||||
| 17 | convicted on or after the effective date of paragraphs (1.5) | ||||||
| 18 | and (2) of subsection (d). | ||||||
| 19 | (Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21; | ||||||
| 20 | 102-28, eff. 6-25-21; revised 8-2-21.)
| ||||||
| 21 | (730 ILCS 5/5-8-6) (from Ch. 38, par. 1005-8-6)
| ||||||
| 22 | Sec. 5-8-6. Place of confinement. | ||||||
| 23 | (a) Except as otherwise provided in this subsection (a), | ||||||
| 24 | offenders Offenders sentenced to a term
of imprisonment for a | ||||||
| 25 | felony shall be committed to the penitentiary
system of the | ||||||
| |||||||
| |||||||
| 1 | Department of Corrections.
However, such sentence shall
not | ||||||
| 2 | limit the powers of the Department of Children and Family | ||||||
| 3 | Services
in relation to any child under the age of one year in | ||||||
| 4 | the sole custody
of a person so sentenced, nor in relation to | ||||||
| 5 | any child delivered by a
female so sentenced while she is so | ||||||
| 6 | confined as a consequence of such
sentence. Except as | ||||||
| 7 | otherwise provided in this subsection (a), a A person | ||||||
| 8 | sentenced for a felony may be assigned by the
Department of | ||||||
| 9 | Corrections to any of its institutions, facilities or
| ||||||
| 10 | programs. An offender sentenced to a term of imprisonment for | ||||||
| 11 | a Class 3 or 4 felony, other than a violent crime as defined in | ||||||
| 12 | Section 3 of the Rights of Crime Victims and Witnesses Act, in | ||||||
| 13 | which the sentencing order indicates that the offender has | ||||||
| 14 | less than 4 months remaining on his or her sentence accounting | ||||||
| 15 | for time served may not be confined in the penitentiary
system | ||||||
| 16 | of the Department of Corrections but may be assigned to | ||||||
| 17 | electronic home detention under Article 8A of this Chapter V, | ||||||
| 18 | an adult transition center, or another facility or program | ||||||
| 19 | within the Department of Corrections.
| ||||||
| 20 | (b) Offenders sentenced to a term of imprisonment for less | ||||||
| 21 | than one
year shall be committed to the custody of the sheriff. | ||||||
| 22 | A person committed to the
Department of Corrections, prior to | ||||||
| 23 | July 14, 1983, for less than one
year may be assigned by the
| ||||||
| 24 | Department to any of its institutions, facilities or programs.
| ||||||
| 25 | (c) All offenders under 18 years of age when sentenced to | ||||||
| 26 | imprisonment
shall be committed to the Department of Juvenile | ||||||
| |||||||
| |||||||
| 1 | Justice and the court in its order of commitment shall set a
| ||||||
| 2 | definite term. The provisions of Section 3-3-3 shall be a part | ||||||
| 3 | of such
commitment as fully as though written in the order of | ||||||
| 4 | commitment. The place of confinement for sentences imposed | ||||||
| 5 | before the effective date of this amendatory Act of the 99th | ||||||
| 6 | General Assembly are not affected or abated by this amendatory | ||||||
| 7 | Act of the 99th General Assembly.
| ||||||
| 8 | (d) No defendant shall be committed to the Department of | ||||||
| 9 | Corrections
for the recovery of a fine or costs.
| ||||||
| 10 | (e) When a court sentences a defendant to a term of | ||||||
| 11 | imprisonment
concurrent with a previous and unexpired sentence | ||||||
| 12 | of imprisonment
imposed by any district court of the United | ||||||
| 13 | States, it may commit the
offender to the custody of the | ||||||
| 14 | Attorney General of the United States.
The Attorney General of | ||||||
| 15 | the United States, or the authorized
representative of the | ||||||
| 16 | Attorney General of the United States, shall be
furnished with | ||||||
| 17 | the warrant of commitment from the court imposing
sentence, | ||||||
| 18 | which warrant of commitment shall provide that, when the
| ||||||
| 19 | offender is released from federal confinement, whether by | ||||||
| 20 | parole or by
termination of sentence, the offender shall be | ||||||
| 21 | transferred by the
Sheriff of the committing county to the | ||||||
| 22 | Department of
Corrections. The
court shall cause the | ||||||
| 23 | Department to be notified of such sentence at the
time of | ||||||
| 24 | commitment and to be provided with copies of all records
| ||||||
| 25 | regarding the sentence.
| ||||||
| 26 | (Source: P.A. 99-628, eff. 1-1-17; 101-652.)
| ||||||
| |||||||
| |||||||
| 1 | (730 ILCS 5/5-8A-2) (from Ch. 38, par. 1005-8A-2)
| ||||||
| 2 | Sec. 5-8A-2. Definitions. As used in this Article:
| ||||||
| 3 | (A) "Approved electronic monitoring device" means a device | ||||||
| 4 | approved by
the supervising authority which is primarily | ||||||
| 5 | intended to record or transmit
information as to the | ||||||
| 6 | defendant's presence or nonpresence in the home, consumption | ||||||
| 7 | of alcohol, consumption of drugs, location as determined | ||||||
| 8 | through GPS, cellular triangulation, Wi-Fi, or other | ||||||
| 9 | electronic means.
| ||||||
| 10 | An approved electronic monitoring device may record or | ||||||
| 11 | transmit: oral or
wire communications or an auditory sound; | ||||||
| 12 | visual images; or information
regarding the offender's | ||||||
| 13 | activities while inside the offender's home.
These devices are | ||||||
| 14 | subject to the required consent as set forth in Section
5-8A-5 | ||||||
| 15 | of this Article.
| ||||||
| 16 | An approved electronic monitoring device may be used to | ||||||
| 17 | record a
conversation between the participant and the | ||||||
| 18 | monitoring device, or the
participant and the person | ||||||
| 19 | supervising the participant solely for the
purpose of | ||||||
| 20 | identification and not for the purpose of eavesdropping or
| ||||||
| 21 | conducting any other illegally intrusive monitoring.
| ||||||
| 22 | (A-10) "Department" means the Department of Corrections or | ||||||
| 23 | the Department of Juvenile Justice. | ||||||
| 24 | (A-20) "Electronic monitoring" means the monitoring of an | ||||||
| 25 | inmate, person, or offender with an electronic device both | ||||||
| |||||||
| |||||||
| 1 | within and outside of their home under the terms and | ||||||
| 2 | conditions established by the supervising authority. | ||||||
| 3 | (B) "Excluded offenses" means first degree murder, escape, | ||||||
| 4 | predatory
criminal sexual assault of a child, aggravated | ||||||
| 5 | criminal sexual assault,
criminal sexual assault, aggravated | ||||||
| 6 | battery with a firearm as described in Section 12-4.2 or | ||||||
| 7 | subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section | ||||||
| 8 | 12-3.05, bringing or
possessing a firearm, ammunition or | ||||||
| 9 | explosive in a penal institution, any
"Super-X" drug offense | ||||||
| 10 | or calculated criminal drug conspiracy or streetgang
criminal | ||||||
| 11 | drug conspiracy, or any predecessor or successor offenses with | ||||||
| 12 | the
same or substantially the same elements, or any inchoate | ||||||
| 13 | offenses relating to
the foregoing offenses.
| ||||||
| 14 | (B-10) "GPS" means a device or system which utilizes the | ||||||
| 15 | Global Positioning Satellite system for determining the | ||||||
| 16 | location of a person, inmate or offender. | ||||||
| 17 | (C) "Home detention" means the confinement of a person | ||||||
| 18 | convicted or
charged with an offense to his or her place of | ||||||
| 19 | residence under the terms
and conditions established by the | ||||||
| 20 | supervising authority. Confinement need not be 24 hours per | ||||||
| 21 | day to qualify as home detention, and significant restrictions | ||||||
| 22 | on liberty such as 7pm to 7am curfews shall qualify. Home | ||||||
| 23 | confinement may or may not be accompanied by electronic | ||||||
| 24 | monitoring, and electronic monitoring is not required for | ||||||
| 25 | purposes of sentencing credit.
| ||||||
| 26 | (D) "Participant" means an inmate or offender placed into | ||||||
| |||||||
| |||||||
| 1 | an
electronic monitoring program.
| ||||||
| 2 | (E) "Supervising authority" means the Department of | ||||||
| 3 | Corrections, the Department of Juvenile Justice,
probation | ||||||
| 4 | department, a Chief Judge's office, pretrial services division | ||||||
| 5 | or department, sheriff, superintendent of
municipal house of | ||||||
| 6 | corrections or any other officer or agency charged with
| ||||||
| 7 | authorizing and supervising electronic monitoring and home | ||||||
| 8 | detention.
| ||||||
| 9 | (F) "Super-X drug offense" means a violation of Section | ||||||
| 10 | 401(a)(1)(B), (C),
or (D); Section 401(a)(2)(B), (C), or (D); | ||||||
| 11 | Section 401(a)(3)(B), (C), or (D);
or Section 401(a)(7)(B), | ||||||
| 12 | (C), or (D) of the Illinois Controlled Substances
Act.
| ||||||
| 13 | (G) "Wi-Fi" or "WiFi" means a device or system which | ||||||
| 14 | utilizes a wireless local area network for determining the | ||||||
| 15 | location of a person, inmate or offender. | ||||||
| 16 | (Source: P.A. 99-797, eff. 8-12-16; 101-652.)
| ||||||
| 17 | (730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)
| ||||||
| 18 | Sec. 5-8A-4. Program description. The supervising | ||||||
| 19 | authority may
promulgate rules that prescribe reasonable | ||||||
| 20 | guidelines under which an
electronic monitoring and home | ||||||
| 21 | detention program shall operate. When using electronic | ||||||
| 22 | monitoring for home detention these rules may shall include,
| ||||||
| 23 | but not be limited to, the following:
| ||||||
| 24 | (A) The participant may be instructed to shall remain | ||||||
| 25 | within the interior premises or within
the property | ||||||
| |||||||
| |||||||
| 1 | boundaries of his or her residence at all times during the
| ||||||
| 2 | hours designated by the supervising authority. Such | ||||||
| 3 | instances of approved
absences from the home shall may | ||||||
| 4 | include, but are not limited to, the following:
| ||||||
| 5 | (1) working or employment approved by the court or | ||||||
| 6 | traveling to or from
approved employment;
| ||||||
| 7 | (2) unemployed and seeking employment approved for | ||||||
| 8 | the participant by
the court;
| ||||||
| 9 | (3) undergoing medical, psychiatric, mental health | ||||||
| 10 | treatment,
counseling, or other treatment programs | ||||||
| 11 | approved for the participant by
the court;
| ||||||
| 12 | (4) attending an educational institution or a | ||||||
| 13 | program approved for the
participant by the court;
| ||||||
| 14 | (5) attending a regularly scheduled religious | ||||||
| 15 | service at a place of worship;
| ||||||
| 16 | (6) participating in community work release or | ||||||
| 17 | community service
programs approved for the | ||||||
| 18 | participant by the supervising authority; or
| ||||||
| 19 | (7) for another compelling reason consistent with | ||||||
| 20 | the public interest,
as approved by the supervising | ||||||
| 21 | authority; or . | ||||||
| 22 | (8) purchasing groceries, food, or other basic | ||||||
| 23 | necessities.
| ||||||
| 24 | (A-1) At a minimum, any person ordered to pretrial | ||||||
| 25 | home confinement with or without electronic monitoring | ||||||
| 26 | must be provided with movement spread out over no fewer | ||||||
| |||||||
| |||||||
| 1 | than two days per week, to participate in basic activities | ||||||
| 2 | such as those listed in paragraph (A). | ||||||
| 3 | (B) The participant shall admit any person or agent | ||||||
| 4 | designated by the
supervising authority into his or her | ||||||
| 5 | residence at any time for
purposes of verifying the | ||||||
| 6 | participant's compliance with the conditions of
his or her | ||||||
| 7 | detention.
| ||||||
| 8 | (C) The participant shall make the necessary | ||||||
| 9 | arrangements to allow for
any person or agent designated | ||||||
| 10 | by the supervising authority to visit
the participant's | ||||||
| 11 | place of education or employment at any time, based upon
| ||||||
| 12 | the approval of the educational institution employer or | ||||||
| 13 | both, for the
purpose of verifying the participant's | ||||||
| 14 | compliance with the conditions of
his or her detention.
| ||||||
| 15 | (D) The participant shall acknowledge and participate | ||||||
| 16 | with the approved
electronic monitoring device as | ||||||
| 17 | designated by the supervising authority
at any time for | ||||||
| 18 | the purpose of verifying the
participant's compliance with | ||||||
| 19 | the conditions of his or her detention.
| ||||||
| 20 | (E) The participant shall maintain the following:
| ||||||
| 21 | (1) access to a working telephone in the | ||||||
| 22 | participant's home;
| ||||||
| 23 | (2) a monitoring device in the participant's home, | ||||||
| 24 | or on the
participant's person, or both; and
| ||||||
| 25 | (3) a monitoring device in the participant's home | ||||||
| 26 | and on the
participant's person in the absence of a | ||||||
| |||||||
| |||||||
| 1 | telephone.
| ||||||
| 2 | (F) The participant shall obtain approval from the | ||||||
| 3 | supervising authority
before the participant changes | ||||||
| 4 | residence or the schedule
described in subsection (A) of | ||||||
| 5 | this Section. Such approval shall not be unreasonably | ||||||
| 6 | withheld.
| ||||||
| 7 | (G) The participant shall not commit another crime | ||||||
| 8 | during the period of
home detention ordered by the Court.
| ||||||
| 9 | (H) Notice to the participant that violation of the | ||||||
| 10 | order for home
detention may subject the participant to | ||||||
| 11 | prosecution for the crime of escape
as described in | ||||||
| 12 | Section 5-8A-4.1.
| ||||||
| 13 | (I) The participant shall abide by other conditions as | ||||||
| 14 | set by the
supervising authority. | ||||||
| 15 | (J) This Section takes effect January 1, 2022.
| ||||||
| 16 | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | ||||||
| 17 | revised 8-3-21.)
| ||||||
| 18 | (730 ILCS 5/5-8A-4.1)
| ||||||
| 19 | Sec. 5-8A-4.1. Escape; failure to comply with a condition | ||||||
| 20 | of the
electronic monitoring or home detention program. | ||||||
| 21 | (a) A person charged with or convicted of a felony,
or | ||||||
| 22 | charged with or adjudicated delinquent for an act which, if | ||||||
| 23 | committed by an adult, would constitute a felony, | ||||||
| 24 | conditionally released from the supervising authority through | ||||||
| 25 | an electronic
monitoring or home detention program, who | ||||||
| |||||||
| |||||||
| 1 | knowingly violates a condition of the
electronic
monitoring or | ||||||
| 2 | home detention program and remains in violation for at least | ||||||
| 3 | 48 hours is guilty of a 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 violates a condition of the
electronic
monitoring or | ||||||
| 10 | home detention program and remains in violation for at least | ||||||
| 11 | 48 hours is guilty of a Class B misdemeanor.
| ||||||
| 12 | (c) A person who violates this Section while armed with a | ||||||
| 13 | dangerous weapon
is guilty of a Class 1 felony.
| ||||||
| 14 | (Source: P.A. 99-797, eff. 8-12-16; 100-431, eff. 8-25-17; | ||||||
| 15 | 101-652.)
| ||||||
| 16 | (730 ILCS 5/5-6-3.8 rep.) | ||||||
| 17 | Section 265. The Unified Code of Corrections is amended by | ||||||
| 18 | repealing Section 5-6-3.8.
| ||||||
| 19 | Section 270. The Probation and Probation Officers Act is | ||||||
| 20 | amended by changing Section 18 as follows:
| ||||||
| 21 | (730 ILCS 110/18) | ||||||
| 22 | Sec. 18. Probation and court services departments | ||||||
| 23 | considered pretrial services agencies. For the purposes of | ||||||
| |||||||
| |||||||
| 1 | administering the provisions of Public Act 95-773, known as | ||||||
| 2 | the Cindy Bischof Law, all probation and court services | ||||||
| 3 | departments are to be considered pretrial services agencies | ||||||
| 4 | under the Pretrial Services Act and under the pretrial release | ||||||
| 5 | bail bond provisions of the Code of Criminal Procedure of | ||||||
| 6 | 1963.
| ||||||
| 7 | (Source: P.A. 96-341, eff. 8-11-09; 101-652.)
| ||||||
| 8 | Section 275. The County Jail Act is amended by changing | ||||||
| 9 | Section 5 as follows:
| ||||||
| 10 | (730 ILCS 125/5) (from Ch. 75, par. 105)
| ||||||
| 11 | Sec. 5. Costs of maintaining prisoners. | ||||||
| 12 | (a) Except as provided in subsections (b) and (c), all | ||||||
| 13 | costs of maintaining persons
committed for violations of | ||||||
| 14 | Illinois law, shall be the responsibility of the
county. | ||||||
| 15 | Except as provided in subsection (b), all costs of maintaining
| ||||||
| 16 | persons committed under any ordinance or resolution of a unit | ||||||
| 17 | of local
government, including medical costs, is the | ||||||
| 18 | responsibility of the unit of local
government enacting the | ||||||
| 19 | ordinance or resolution, and arresting the person.
| ||||||
| 20 | (b) If a person who is serving a term of mandatory | ||||||
| 21 | supervised release for a felony is incarcerated in a county | ||||||
| 22 | jail, the
Illinois Department of Corrections shall pay the | ||||||
| 23 | county in which that jail is
located one-half of the cost of | ||||||
| 24 | incarceration, as calculated by the Governor's Office of | ||||||
| |||||||
| |||||||
| 1 | Management and Budget and the county's chief financial | ||||||
| 2 | officer, for each day
that the person remains in the county | ||||||
| 3 | jail after notice of the
incarceration is given to the | ||||||
| 4 | Illinois Department of
Corrections by the county, provided | ||||||
| 5 | that (i) the Illinois
Department of Corrections has issued a | ||||||
| 6 | warrant for an alleged
violation of mandatory supervised | ||||||
| 7 | release by the person; (ii)
if the person is incarcerated on a | ||||||
| 8 | new charge, unrelated to the
offense for which he or she is on | ||||||
| 9 | mandatory supervised release,
there has been a court hearing | ||||||
| 10 | at which the conditions of pretrial release have bail has been | ||||||
| 11 | set on
the new charge; (iii) the county has notified the | ||||||
| 12 | Illinois
Department of Corrections that the person is | ||||||
| 13 | incarcerated in
the county jail, which notice shall not be | ||||||
| 14 | given until the bail
hearing has concluded, if the person is | ||||||
| 15 | incarcerated on a new
charge; and (iv) the person remains | ||||||
| 16 | incarcerated in the county
jail for more than 48 hours after | ||||||
| 17 | the notice has been given to
the Department of Corrections by | ||||||
| 18 | the county. Calculation of the per diem cost
shall be agreed | ||||||
| 19 | upon prior to the passage of the annual State budget.
| ||||||
| 20 | (c) If a person who is serving a term of mandatory
| ||||||
| 21 | supervised release is incarcerated in a county jail, following
| ||||||
| 22 | an arrest on a warrant issued by the Illinois Department of
| ||||||
| 23 | Corrections, solely for violation of a condition of mandatory
| ||||||
| 24 | supervised release and not on any new charges for a new
| ||||||
| 25 | offense, then the Illinois Department of Corrections shall pay
| ||||||
| 26 | the medical costs incurred by the county in securing treatment
| ||||||
| |||||||
| |||||||
| 1 | for that person, for any injury or condition other than one
| ||||||
| 2 | arising out of or in conjunction with the arrest of the person
| ||||||
| 3 | or resulting from the conduct of county personnel, while he or
| ||||||
| 4 | she remains in the county jail on the warrant issued by the
| ||||||
| 5 | Illinois Department of Corrections.
| ||||||
| 6 | (Source: P.A. 94-678, eff. 1-1-06; 94-1094, eff. 1-26-07; | ||||||
| 7 | 101-652.)
| ||||||
| 8 | Section 280. The County Jail Good Behavior Allowance Act | ||||||
| 9 | is amended by changing Section 3 as follows:
| ||||||
| 10 | (730 ILCS 130/3) (from Ch. 75, par. 32)
| ||||||
| 11 | Sec. 3.
The good behavior of any person who commences a | ||||||
| 12 | sentence of
confinement in a county jail for a fixed term of | ||||||
| 13 | imprisonment after January 1,
1987 shall entitle such person | ||||||
| 14 | to a good behavior allowance, except that: (1) a
person who | ||||||
| 15 | inflicted physical harm upon another person in committing the
| ||||||
| 16 | offense for which he is confined shall receive no good | ||||||
| 17 | behavior allowance; and
(2) a person sentenced for an offense | ||||||
| 18 | for which the law provides a mandatory
minimum sentence shall | ||||||
| 19 | not receive any portion of a good behavior allowance
that | ||||||
| 20 | would reduce the sentence below the mandatory minimum; and (3) | ||||||
| 21 | a person
sentenced to a county impact incarceration program; | ||||||
| 22 | and (4) a person who is
convicted of criminal sexual assault | ||||||
| 23 | under subdivision (a)(3) of Section 11-1.20 or paragraph | ||||||
| 24 | (a)(3) of Section 12-13
of the Criminal Code of 1961 or the | ||||||
| |||||||
| |||||||
| 1 | Criminal Code of 2012, criminal sexual abuse, or aggravated | ||||||
| 2 | criminal
sexual abuse shall receive no good
behavior | ||||||
| 3 | allowance. The good behavior
allowance provided for in this | ||||||
| 4 | Section shall not apply to individuals sentenced
for a felony | ||||||
| 5 | to probation or conditional discharge where a condition of | ||||||
| 6 | such
probation or conditional discharge is that the individual | ||||||
| 7 | serve a sentence of
periodic imprisonment or to individuals | ||||||
| 8 | sentenced under an order of court for
civil contempt.
| ||||||
| 9 | Such good behavior allowance shall be cumulative and | ||||||
| 10 | awarded as
provided in this Section.
| ||||||
| 11 | The good behavior allowance rate shall be cumulative and
| ||||||
| 12 | awarded on the following basis:
| ||||||
| 13 | The prisoner shall receive one day of good behavior | ||||||
| 14 | allowance for each
day of service of sentence in the county | ||||||
| 15 | jail, and one day of good behavior
allowance for each day of | ||||||
| 16 | incarceration in the county jail before sentencing
for the | ||||||
| 17 | offense that he or she is currently serving sentence but was | ||||||
| 18 | unable to
comply with the conditions of pretrial release post | ||||||
| 19 | bail before sentencing, except that a prisoner serving a | ||||||
| 20 | sentence of
periodic imprisonment under Section 5-7-1 of the | ||||||
| 21 | Unified Code of Corrections
shall only be eligible to receive | ||||||
| 22 | good behavior allowance if authorized by the
sentencing judge. | ||||||
| 23 | Each day of good behavior allowance shall reduce by one day
the | ||||||
| 24 | prisoner's period of incarceration set by the court. For the | ||||||
| 25 | purpose of
calculating a prisoner's good behavior allowance, a | ||||||
| 26 | fractional part of a day
shall not be calculated as a day of | ||||||
| |||||||
| |||||||
| 1 | service of sentence in the county jail
unless the fractional | ||||||
| 2 | part of the day is over 12 hours in which case a whole
day | ||||||
| 3 | shall be credited on the good behavior allowance.
| ||||||
| 4 | If consecutive sentences are served and the time served | ||||||
| 5 | amounts to a
total of one year or more, the good behavior | ||||||
| 6 | allowance shall be calculated
on a continuous basis throughout | ||||||
| 7 | the entire time served beginning on the
first date of sentence | ||||||
| 8 | or incarceration, as the case may be.
| ||||||
| 9 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13; | ||||||
| 10 | 101-652.)
| ||||||
| 11 | Section 285. 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, who is eligible for probation based on | ||||||
| 18 | the nature of the crime convicted of and in consideration of | ||||||
| 19 | his or her criminal background, if any, may be admitted into a | ||||||
| 20 | Veterans and Servicemembers Court program
before adjudication | ||||||
| 21 | only upon the agreement of the defendant and with the approval | ||||||
| 22 | of the Court.
A defendant may be admitted into a Veterans and | ||||||
| 23 | Servicemembers Court program post-adjudication only with the | ||||||
| 24 | approval of the court. | ||||||
| |||||||
| |||||||
| 1 | (b) A defendant shall be excluded from Veterans and | ||||||
| 2 | Servicemembers Court program if
any of one of the following | ||||||
| 3 | applies:
| ||||||
| 4 | (1) The crime is a crime of violence as set forth in | ||||||
| 5 | clause (3) of this subsection (b). | ||||||
| 6 | (2) The defendant does not demonstrate a willingness | ||||||
| 7 | to participate in a treatment
program.
| ||||||
| 8 | (3) The defendant has been convicted of a crime of | ||||||
| 9 | violence within the past 10
years excluding incarceration | ||||||
| 10 | time, including first degree murder,
second degree murder, | ||||||
| 11 | predatory criminal sexual assault of a child, aggravated | ||||||
| 12 | criminal
sexual assault, criminal sexual assault, armed | ||||||
| 13 | robbery, aggravated arson, arson,
aggravated kidnapping | ||||||
| 14 | and kidnapping, aggravated battery resulting in great | ||||||
| 15 | bodily harm
or permanent disability, stalking, aggravated | ||||||
| 16 | stalking, or any offense involving the
discharge of a | ||||||
| 17 | firearm. | ||||||
| 18 | (4) (Blank).
| ||||||
| 19 | (5) (Blank). The crime for which the defendant has | ||||||
| 20 | been convicted is non-probationable. | ||||||
| 21 | (6) The sentence imposed on the defendant, whether the | ||||||
| 22 | result of a plea or a finding of guilt, renders the | ||||||
| 23 | defendant ineligible for probation.
| ||||||
| 24 | (Source: P.A. 99-480, eff. 9-9-15; 100-426, eff. 1-1-18; | ||||||
| 25 | 101-652.)
| ||||||
| |||||||
| |||||||
| 1 | Section 290. The Mental Health Court Treatment Act is | ||||||
| 2 | amended by changing Section 20 as follows:
| ||||||
| 3 | (730 ILCS 168/20) | ||||||
| 4 | Sec. 20. Eligibility. | ||||||
| 5 | (a) A defendant, who is eligible for probation based on | ||||||
| 6 | the nature of the crime convicted of and in consideration of | ||||||
| 7 | his or her criminal background, if any, may be admitted into a | ||||||
| 8 | mental health court program only upon the agreement of the | ||||||
| 9 | defendant and with the approval of the court. | ||||||
| 10 | (b) A defendant shall be excluded from a mental health | ||||||
| 11 | court program if any one of the following applies: | ||||||
| 12 | (1) The crime is a crime of violence as set forth in | ||||||
| 13 | clause (3) of this subsection (b). | ||||||
| 14 | (2) The defendant does not demonstrate a willingness | ||||||
| 15 | to participate in a treatment program. | ||||||
| 16 | (3) The defendant has been convicted of a crime of | ||||||
| 17 | violence within the past 10 years excluding incarceration | ||||||
| 18 | time. As used in this paragraph (3), "crime of violence" | ||||||
| 19 | means: first degree murder, second degree murder, | ||||||
| 20 | predatory criminal sexual assault of a child, aggravated | ||||||
| 21 | criminal sexual assault, criminal sexual assault, armed | ||||||
| 22 | robbery, aggravated arson, arson, aggravated kidnapping, | ||||||
| 23 | kidnapping, aggravated battery resulting in great bodily | ||||||
| 24 | harm or permanent disability, stalking, aggravated | ||||||
| 25 | stalking, or any offense involving the discharge of a | ||||||
| |||||||
| |||||||
| 1 | firearm. | ||||||
| 2 | (4) (Blank). | ||||||
| 3 | (5) (Blank). The crime for which the defendant has | ||||||
| 4 | been convicted is non-probationable. | ||||||
| 5 | (6) The sentence imposed on the defendant, whether the | ||||||
| 6 | result of a plea or a finding of guilt, renders the | ||||||
| 7 | defendant ineligible for probation.
| ||||||
| 8 | (c) A defendant charged with prostitution under Section | ||||||
| 9 | 11-14 of the Criminal Code of 2012 may be admitted into a | ||||||
| 10 | mental health court program, if available in the jurisdiction | ||||||
| 11 | and provided that the requirements in subsections (a) and (b) | ||||||
| 12 | are satisfied. Mental health court programs may include | ||||||
| 13 | specialized service programs specifically designed to address | ||||||
| 14 | the trauma associated with prostitution and human trafficking, | ||||||
| 15 | and may offer those specialized services to defendants | ||||||
| 16 | admitted to the mental health court program. Judicial circuits | ||||||
| 17 | establishing these specialized programs shall partner with | ||||||
| 18 | prostitution and human trafficking advocates, survivors, and | ||||||
| 19 | service providers in the development of the programs. | ||||||
| 20 | (Source: P.A. 100-426, eff. 1-1-18; 101-652.)
| ||||||
| 21 | Section 295. The Code of Civil Procedure is amended by | ||||||
| 22 | changing Sections 10-106, 10-125, 10-127, 10-135, 10-136, and | ||||||
| 23 | 21-103 as follows:
| ||||||
| 24 | (735 ILCS 5/10-106) (from Ch. 110, par. 10-106)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 10-106. Grant of relief - Penalty. Unless it shall | ||||||
| 2 | appear from the
complaint itself, or from the
documents | ||||||
| 3 | thereto annexed, that the party can neither be discharged,
| ||||||
| 4 | admitted to pretrial release bail nor otherwise relieved, the | ||||||
| 5 | court shall
forthwith award relief by habeas corpus. Any judge | ||||||
| 6 | empowered to grant relief
by habeas corpus who shall corruptly | ||||||
| 7 | refuse to grant
the relief when legally applied for in a case | ||||||
| 8 | where it may lawfully be granted, or
who shall for the purpose | ||||||
| 9 | of oppression unreasonably delay the granting
of such relief | ||||||
| 10 | shall, for every such offense, forfeit to the prisoner or
| ||||||
| 11 | party affected a sum not exceeding $1,000.
| ||||||
| 12 | (Source: P.A. 83-707; 101-652.)
| ||||||
| 13 | (735 ILCS 5/10-125) (from Ch. 110, par. 10-125)
| ||||||
| 14 | Sec. 10-125. New commitment. In all cases where the | ||||||
| 15 | imprisonment is
for a criminal, or
supposed criminal matter, | ||||||
| 16 | if it appears to the court that there
is sufficient legal cause | ||||||
| 17 | for the commitment of the prisoner, although
such commitment | ||||||
| 18 | may have been informally made, or without due authority,
or | ||||||
| 19 | the process may have been executed by a person not duly | ||||||
| 20 | authorized,
the court shall make a new commitment in proper | ||||||
| 21 | form, and
direct it to the proper officer, or admit the party | ||||||
| 22 | to pretrial release bail if the case
is eligible for pretrial | ||||||
| 23 | release bailable. The court shall also, when necessary, take | ||||||
| 24 | the
recognizance of all material witnesses against the | ||||||
| 25 | prisoner, as in other
cases. The recognizances shall be in the | ||||||
| |||||||
| |||||||
| 1 | form provided by law, and
returned as other recognizances. If | ||||||
| 2 | any judge shall neglect or refuse to
bind any such prisoner or | ||||||
| 3 | witness by recognizance, or to return a
recognizance when | ||||||
| 4 | taken as hereinabove stated, he or she shall be guilty of a
| ||||||
| 5 | Class A misdemeanor in office, and be proceeded against | ||||||
| 6 | accordingly.
| ||||||
| 7 | (Source: P.A. 82-280; 101-652.)
| ||||||
| 8 | (735 ILCS 5/10-127) (from Ch. 110, par. 10-127)
| ||||||
| 9 | Sec. 10-127. Grant of habeas corpus. It is not lawful for | ||||||
| 10 | any court, on a second
order of habeas corpus obtained by such | ||||||
| 11 | prisoner, to discharge the prisoner,
if he or she is clearly | ||||||
| 12 | and specifically charged in the warrant of
commitment with a | ||||||
| 13 | criminal offense; but the court shall,
on the return of such | ||||||
| 14 | second order, have power only to admit such
prisoner to | ||||||
| 15 | pretrial release bail where the offense is eligible for | ||||||
| 16 | pretrial release bailable by law, or remand him or
her to | ||||||
| 17 | prison where the offense is not eligible for pretrial release | ||||||
| 18 | bailable, or being eligible for pretrial release bailable, | ||||||
| 19 | where such
prisoner fails to comply with the terms of pretrial | ||||||
| 20 | release give the bail required.
| ||||||
| 21 | (Source: P.A. 82-280; 101-652.)
| ||||||
| 22 | (735 ILCS 5/10-135) (from Ch. 110, par. 10-135)
| ||||||
| 23 | Sec. 10-135. Habeas corpus to testify. The several courts | ||||||
| 24 | having authority
to grant relief by habeas
corpus, may enter | ||||||
| |||||||
| |||||||
| 1 | orders, when necessary, to bring before them any
prisoner to | ||||||
| 2 | testify, or to be surrendered in discharge of pretrial release | ||||||
| 3 | bail, or for
trial upon any criminal charge lawfully pending | ||||||
| 4 | in the same court or to
testify in a criminal proceeding in | ||||||
| 5 | another state as provided for by
Section 2 of the "Uniform Act | ||||||
| 6 | to secure the attendance of witnesses from
within or without a | ||||||
| 7 | state in criminal proceedings", approved July 23,
1959, as | ||||||
| 8 | heretofore or hereafter amended; and the order may be directed | ||||||
| 9 | to any
county in the State, and there be served and returned by | ||||||
| 10 | any officer
to whom it is directed.
| ||||||
| 11 | (Source: P.A. 82-280; 101-652.)
| ||||||
| 12 | (735 ILCS 5/10-136) (from Ch. 110, par. 10-136)
| ||||||
| 13 | Sec. 10-136. Prisoner remanded or punished. After a | ||||||
| 14 | prisoner has given
his or her testimony, or been
surrendered, | ||||||
| 15 | or his or her pretrial release bail discharged, or he or she | ||||||
| 16 | has been tried
for the crime with which he or she is charged, | ||||||
| 17 | he or she shall be returned
to the jail or other place of | ||||||
| 18 | confinement from which he or she was taken
for that purpose.
If | ||||||
| 19 | such prisoner is convicted of a crime punishable with death
or | ||||||
| 20 | imprisonment in the penitentiary, he or she may be punished | ||||||
| 21 | accordingly; but
in any case where the prisoner has been taken | ||||||
| 22 | from the
penitentiary, and his or her punishment is by | ||||||
| 23 | imprisonment, the time of such
imprisonment shall not commence | ||||||
| 24 | to run until the expiration of the time
of service under any | ||||||
| 25 | former sentence.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 82-280; 101-652.)
| ||||||
| 2 | (735 ILCS 5/21-103)
| ||||||
| 3 | (Text of Section before amendment by P.A. 101-652) | ||||||
| 4 | Sec. 21-103. Notice by publication.
| ||||||
| 5 | (a) Previous notice shall be given of the intended | ||||||
| 6 | application by
publishing a notice thereof in some newspaper | ||||||
| 7 | published in the municipality
in which the person resides if | ||||||
| 8 | the municipality is in a county with a
population under | ||||||
| 9 | 2,000,000, or if the person does not reside
in a municipality | ||||||
| 10 | in a county with a population under 2,000,000,
or if no | ||||||
| 11 | newspaper is published in the municipality or if the person | ||||||
| 12 | resides
in a county with a population of 2,000,000 or more, | ||||||
| 13 | then in some newspaper
published in the county where the | ||||||
| 14 | person resides, or if no newspaper
is published in that | ||||||
| 15 | county, then in some convenient newspaper published
in this | ||||||
| 16 | State. The notice shall be inserted for 3 consecutive weeks | ||||||
| 17 | after filing, the
first insertion to be at least 6 weeks before | ||||||
| 18 | the return day upon which
the petition is to be heard, and | ||||||
| 19 | shall be signed by the petitioner or, in
case of a minor, the | ||||||
| 20 | minor's parent or guardian, and shall set
forth the return day | ||||||
| 21 | of court on which the petition is to be heard and the
name | ||||||
| 22 | sought to be assumed.
| ||||||
| 23 | (b) The publication requirement of subsection (a) shall | ||||||
| 24 | not be
required in any application for a change of name | ||||||
| 25 | involving a minor if,
before making judgment under this | ||||||
| |||||||
| |||||||
| 1 | Article, reasonable notice and opportunity
to be heard is | ||||||
| 2 | given to any parent whose parental rights have not been
| ||||||
| 3 | previously terminated and to any person who has physical | ||||||
| 4 | custody of the
child. If any of these persons are outside this | ||||||
| 5 | State, notice and
opportunity to be heard shall be given under | ||||||
| 6 | Section 21-104.
| ||||||
| 7 | (b-3) The publication requirement of subsection (a) shall | ||||||
| 8 | not be required in any application for a change of name | ||||||
| 9 | involving a person who has received a judgment for dissolution | ||||||
| 10 | of marriage or declaration of invalidity of marriage and | ||||||
| 11 | wishes to change his or her name to resume the use of his or | ||||||
| 12 | her former or maiden name. | ||||||
| 13 | (b-5) Upon motion, the court may issue an order directing | ||||||
| 14 | that the notice and publication requirement be waived for a | ||||||
| 15 | change of name involving a person who files with the court a | ||||||
| 16 | written declaration that the person believes that publishing | ||||||
| 17 | notice of the name change would put the person at risk of | ||||||
| 18 | physical harm or discrimination. The person must provide | ||||||
| 19 | evidence to support the claim that publishing notice of the | ||||||
| 20 | name change would put the person at risk of physical harm or | ||||||
| 21 | discrimination. | ||||||
| 22 | (c) The Director of the Illinois State Police or his or her | ||||||
| 23 | designee may apply to the
circuit court
for an order directing | ||||||
| 24 | that the notice and publication requirements of
this Section | ||||||
| 25 | be waived if the Director or his or her designee certifies that
| ||||||
| 26 | the name change being sought is intended to protect a witness | ||||||
| |||||||
| |||||||
| 1 | during and
following a criminal investigation or proceeding.
| ||||||
| 2 | (c-1) The court may enter a written order waiving the | ||||||
| 3 | publication requirement of subsection (a) if: | ||||||
| 4 | (i) the petitioner is 18 years of age or older; and | ||||||
| 5 | (ii) concurrent with the petition, the petitioner | ||||||
| 6 | files with the court a statement, verified under oath as | ||||||
| 7 | provided under Section 1-109 of this Code, attesting that | ||||||
| 8 | the petitioner is or has been a person protected under the | ||||||
| 9 | Illinois Domestic Violence Act of 1986, the Stalking No | ||||||
| 10 | Contact Order Act, the Civil No Contact Order Act, Article | ||||||
| 11 | 112A of the Code of Criminal Procedure of 1963, a | ||||||
| 12 | condition of bail under subsections (b) through (d) of | ||||||
| 13 | Section 110-10 of the Code of Criminal Procedure of 1963, | ||||||
| 14 | or a similar provision of a law in another state or | ||||||
| 15 | jurisdiction. | ||||||
| 16 | The petitioner may attach to the statement any supporting | ||||||
| 17 | documents, including relevant court orders. | ||||||
| 18 | (c-2) If the petitioner files a statement attesting that | ||||||
| 19 | disclosure of the petitioner's address would put the | ||||||
| 20 | petitioner or any member of the petitioner's family or | ||||||
| 21 | household at risk or reveal the confidential address of a | ||||||
| 22 | shelter for domestic violence victims, that address may be | ||||||
| 23 | omitted from all documents filed with the court, and the | ||||||
| 24 | petitioner may designate an alternative address for service. | ||||||
| 25 | (c-3) Court administrators may allow domestic abuse | ||||||
| 26 | advocates, rape crisis advocates, and victim advocates to | ||||||
| |||||||
| |||||||
| 1 | assist petitioners in the preparation of name changes under | ||||||
| 2 | subsection (c-1). | ||||||
| 3 | (c-4) If the publication requirements of subsection (a) | ||||||
| 4 | have been waived, the circuit court shall enter an order | ||||||
| 5 | impounding the case. | ||||||
| 6 | (d) The maximum rate charged for publication of a notice | ||||||
| 7 | under this Section may not exceed the lowest classified rate | ||||||
| 8 | paid by commercial users for comparable space in the newspaper | ||||||
| 9 | in which the notice appears and shall include all cash | ||||||
| 10 | discounts, multiple insertion discounts, and similar benefits | ||||||
| 11 | extended to the newspaper's regular customers. | ||||||
| 12 | (Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20; | ||||||
| 13 | 102-538, eff. 8-20-21.)
| ||||||
| 14 | (Text of Section after amendment by P.A. 101-652)
| ||||||
| 15 | Sec. 21-103. Notice by publication.
| ||||||
| 16 | (a) Previous notice shall be given of the intended | ||||||
| 17 | application by
publishing a notice thereof in some newspaper | ||||||
| 18 | published in the municipality
in which the person resides if | ||||||
| 19 | the municipality is in a county with a
population under | ||||||
| 20 | 2,000,000, or if the person does not reside
in a municipality | ||||||
| 21 | in a county with a population under 2,000,000,
or if no | ||||||
| 22 | newspaper is published in the municipality or if the person | ||||||
| 23 | resides
in a county with a population of 2,000,000 or more, | ||||||
| 24 | then in some newspaper
published in the county where the | ||||||
| 25 | person resides, or if no newspaper
is published in that | ||||||
| |||||||
| |||||||
| 1 | county, then in some convenient newspaper published
in this | ||||||
| 2 | State. The notice shall be inserted for 3 consecutive weeks | ||||||
| 3 | after filing, the
first insertion to be at least 6 weeks before | ||||||
| 4 | the return day upon which
the petition is to be heard, and | ||||||
| 5 | shall be signed by the petitioner or, in
case of a minor, the | ||||||
| 6 | minor's parent or guardian, and shall set
forth the return day | ||||||
| 7 | of court on which the petition is to be heard and the
name | ||||||
| 8 | sought to be assumed.
| ||||||
| 9 | (b) The publication requirement of subsection (a) shall | ||||||
| 10 | not be
required in any application for a change of name | ||||||
| 11 | involving a minor if,
before making judgment under this | ||||||
| 12 | Article, reasonable notice and opportunity
to be heard is | ||||||
| 13 | given to any parent whose parental rights have not been
| ||||||
| 14 | previously terminated and to any person who has physical | ||||||
| 15 | custody of the
child. If any of these persons are outside this | ||||||
| 16 | State, notice and
opportunity to be heard shall be given under | ||||||
| 17 | Section 21-104.
| ||||||
| 18 | (b-3) The publication requirement of subsection (a) shall | ||||||
| 19 | not be required in any application for a change of name | ||||||
| 20 | involving a person who has received a judgment for dissolution | ||||||
| 21 | of marriage or declaration of invalidity of marriage and | ||||||
| 22 | wishes to change his or her name to resume the use of his or | ||||||
| 23 | her former or maiden name. | ||||||
| 24 | (b-5) Upon motion, the court may issue an order directing | ||||||
| 25 | that the notice and publication requirement be waived for a | ||||||
| 26 | change of name involving a person who files with the court a | ||||||
| |||||||
| |||||||
| 1 | written declaration that the person believes that publishing | ||||||
| 2 | notice of the name change would put the person at risk of | ||||||
| 3 | physical harm or discrimination. The person must provide | ||||||
| 4 | evidence to support the claim that publishing notice of the | ||||||
| 5 | name change would put the person at risk of physical harm or | ||||||
| 6 | discrimination. | ||||||
| 7 | (c) The Director of the Illinois State Police or his or her | ||||||
| 8 | designee may apply to the
circuit court
for an order directing | ||||||
| 9 | that the notice and publication requirements of
this Section | ||||||
| 10 | be waived if the Director or his or her designee certifies that
| ||||||
| 11 | the name change being sought is intended to protect a witness | ||||||
| 12 | during and
following a criminal investigation or proceeding.
| ||||||
| 13 | (c-1) The court may enter a written order waiving the | ||||||
| 14 | publication requirement of subsection (a) if: | ||||||
| 15 | (i) the petitioner is 18 years of age or older; and | ||||||
| 16 | (ii) concurrent with the petition, the petitioner | ||||||
| 17 | files with the court a statement, verified under oath as | ||||||
| 18 | provided under Section 1-109 of this Code, attesting that | ||||||
| 19 | the petitioner is or has been a person protected under the | ||||||
| 20 | Illinois Domestic Violence Act of 1986, the Stalking No | ||||||
| 21 | Contact Order Act, the Civil No Contact Order Act, Article | ||||||
| 22 | 112A of the Code of Criminal Procedure of 1963, a | ||||||
| 23 | condition of pretrial release bail under subsections (b) | ||||||
| 24 | through (d) of Section 110-10 of the Code of Criminal | ||||||
| 25 | Procedure of 1963, or a similar provision of a law in | ||||||
| 26 | another state or jurisdiction. | ||||||
| |||||||
| |||||||
| 1 | The petitioner may attach to the statement any supporting | ||||||
| 2 | documents, including relevant court orders. | ||||||
| 3 | (c-2) If the petitioner files a statement attesting that | ||||||
| 4 | disclosure of the petitioner's address would put the | ||||||
| 5 | petitioner or any member of the petitioner's family or | ||||||
| 6 | household at risk or reveal the confidential address of a | ||||||
| 7 | shelter for domestic violence victims, that address may be | ||||||
| 8 | omitted from all documents filed with the court, and the | ||||||
| 9 | petitioner may designate an alternative address for service. | ||||||
| 10 | (c-3) Court administrators may allow domestic abuse | ||||||
| 11 | advocates, rape crisis advocates, and victim advocates to | ||||||
| 12 | assist petitioners in the preparation of name changes under | ||||||
| 13 | subsection (c-1). | ||||||
| 14 | (c-4) If the publication requirements of subsection (a) | ||||||
| 15 | have been waived, the circuit court shall enter an order | ||||||
| 16 | impounding the case. | ||||||
| 17 | (d) The maximum rate charged for publication of a notice | ||||||
| 18 | under this Section may not exceed the lowest classified rate | ||||||
| 19 | paid by commercial users for comparable space in the newspaper | ||||||
| 20 | in which the notice appears and shall include all cash | ||||||
| 21 | discounts, multiple insertion discounts, and similar benefits | ||||||
| 22 | extended to the newspaper's regular customers. | ||||||
| 23 | (Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20; | ||||||
| 24 | 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; revised | ||||||
| 25 | 10-12-21.)
| ||||||
| |||||||
| |||||||
| 1 | Section 300. The Civil No Contact Order Act is amended by | ||||||
| 2 | changing Section 220 as follows:
| ||||||
| 3 | (740 ILCS 22/220) | ||||||
| 4 | Sec. 220. Enforcement of a civil no contact order. | ||||||
| 5 | (a) Nothing in this Act shall preclude any Illinois court | ||||||
| 6 | from enforcing a valid protective order issued in another | ||||||
| 7 | state. | ||||||
| 8 | (b) Illinois courts may enforce civil no contact orders | ||||||
| 9 | through both criminal proceedings and civil 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 | (b-1) The court shall not hold a school district or | ||||||
| 14 | private or non-public school or any of its employees in civil | ||||||
| 15 | or criminal contempt unless the school district or private or | ||||||
| 16 | non-public school has been allowed to intervene. | ||||||
| 17 | (b-2) The court may hold the parents, guardian, or legal | ||||||
| 18 | custodian of a minor respondent in civil or criminal contempt | ||||||
| 19 | for a violation of any provision of any order entered under | ||||||
| 20 | this Act for conduct of the minor respondent in violation of | ||||||
| 21 | this Act if the
parents, guardian, or legal custodian | ||||||
| 22 | directed, encouraged, or assisted the respondent minor in such | ||||||
| 23 | conduct. | ||||||
| 24 | (c) Criminal prosecution. A violation of any civil no | ||||||
| 25 | contact order, whether issued in a civil or criminal | ||||||
| |||||||
| |||||||
| 1 | proceeding, shall be enforced by a criminal court when the | ||||||
| 2 | respondent commits the crime of violation of a civil no | ||||||
| 3 | contact order pursuant to Section 219 by having knowingly | ||||||
| 4 | violated: | ||||||
| 5 | (1) remedies described in Section 213 and included in | ||||||
| 6 | a civil no contact order; or | ||||||
| 7 | (2) a provision of an order, which is substantially | ||||||
| 8 | similar to provisions of Section 213, in a valid civil no | ||||||
| 9 | contact order which is authorized under the laws of | ||||||
| 10 | another state, tribe, or United States territory. | ||||||
| 11 | Prosecution for a violation of a civil no contact order | ||||||
| 12 | shall not bar a concurrent prosecution for any other crime, | ||||||
| 13 | including any crime that may have been committed at the time of | ||||||
| 14 | the violation of the civil no contact order. | ||||||
| 15 | (d) Contempt of court. A violation of any valid Illinois | ||||||
| 16 | civil no contact order, whether issued in a civil or criminal | ||||||
| 17 | proceeding, may be enforced through civil or criminal contempt | ||||||
| 18 | procedures, as appropriate, by any court with jurisdiction, | ||||||
| 19 | regardless of where the act or acts which violated the civil no | ||||||
| 20 | contact order were committed, to the extent consistent with | ||||||
| 21 | the venue provisions of this Act. | ||||||
| 22 | (1) In a contempt proceeding where the petition for a | ||||||
| 23 | rule to show cause or petition for adjudication of | ||||||
| 24 | criminal contempt sets forth facts evidencing an immediate | ||||||
| 25 | danger that the respondent will flee the jurisdiction or | ||||||
| 26 | inflict physical abuse on the petitioner or minor children | ||||||
| |||||||
| |||||||
| 1 | or on dependent adults in the petitioner's care, the court | ||||||
| 2 | may order the attachment of the respondent without prior | ||||||
| 3 | service of the petition for a rule to show cause, the rule | ||||||
| 4 | to show cause, the petition for adjudication of criminal | ||||||
| 5 | contempt or the adjudication of criminal contempt. | ||||||
| 6 | Conditions of release Bond shall be set unless | ||||||
| 7 | specifically denied in writing. | ||||||
| 8 | (2) A petition for a rule to show cause or a petition | ||||||
| 9 | for adjudication of criminal contempt for violation of a | ||||||
| 10 | civil no contact order shall be treated as an expedited | ||||||
| 11 | proceeding. | ||||||
| 12 | (e) Actual knowledge. A civil no contact order may be | ||||||
| 13 | enforced pursuant to this Section if the respondent violates | ||||||
| 14 | the order after the respondent has actual knowledge of its | ||||||
| 15 | contents as shown through one of the following means: | ||||||
| 16 | (1) by service, delivery, or notice under Section 208; | ||||||
| 17 | (2) by notice under Section 218; | ||||||
| 18 | (3) by service of a civil no contact order under | ||||||
| 19 | Section 218; or | ||||||
| 20 | (4) by other means demonstrating actual knowledge of | ||||||
| 21 | the contents of the order. | ||||||
| 22 | (f) The enforcement of a civil no contact order in civil or | ||||||
| 23 | criminal court shall not be affected by either of the | ||||||
| 24 | following: | ||||||
| 25 | (1) the existence of a separate, correlative order, | ||||||
| 26 | entered under Section 202; or | ||||||
| |||||||
| |||||||
| 1 | (2) any finding or order entered in a conjoined | ||||||
| 2 | criminal proceeding. | ||||||
| 3 | (g) Circumstances. The court, when determining whether or | ||||||
| 4 | not a violation of a civil no contact order has occurred, shall | ||||||
| 5 | not require physical manifestations of abuse on the person of | ||||||
| 6 | the victim. | ||||||
| 7 | (h) Penalties. | ||||||
| 8 | (1) Except as provided in paragraph (3) of this | ||||||
| 9 | subsection, where the court finds the commission of a | ||||||
| 10 | crime or contempt of court under subsection (a) or (b) of | ||||||
| 11 | this Section, the penalty shall be the penalty that | ||||||
| 12 | generally applies in such criminal or contempt | ||||||
| 13 | proceedings, and may include one or more of the following: | ||||||
| 14 | incarceration, payment of restitution, a fine, payment of | ||||||
| 15 | attorneys' fees and costs, or community service. | ||||||
| 16 | (2) The court shall hear and take into account | ||||||
| 17 | evidence of any factors in aggravation or mitigation | ||||||
| 18 | before deciding an appropriate penalty under paragraph (1) | ||||||
| 19 | of this subsection. | ||||||
| 20 | (3) To the extent permitted by law, the court is | ||||||
| 21 | encouraged to: | ||||||
| 22 | (i) increase the penalty for the knowing violation | ||||||
| 23 | of any civil no contact order over any penalty | ||||||
| 24 | previously imposed by any court for respondent's | ||||||
| 25 | violation of any civil no contact order or penal | ||||||
| 26 | statute involving petitioner as victim and respondent | ||||||
| |||||||
| |||||||
| 1 | as defendant; | ||||||
| 2 | (ii) impose a minimum penalty of 24 hours | ||||||
| 3 | imprisonment for respondent's first violation of any | ||||||
| 4 | civil no contact order; and | ||||||
| 5 | (iii) impose a minimum penalty of 48 hours | ||||||
| 6 | imprisonment for respondent's second or subsequent | ||||||
| 7 | violation of a civil no contact order unless the court | ||||||
| 8 | explicitly finds that an increased penalty or that | ||||||
| 9 | period of imprisonment would be manifestly unjust. | ||||||
| 10 | (4) In addition to any other penalties imposed for a | ||||||
| 11 | violation of a civil no contact order, a criminal court | ||||||
| 12 | may consider evidence of any previous violations of a | ||||||
| 13 | civil no contact order: | ||||||
| 14 | (i) to increase, revoke or modify the conditions | ||||||
| 15 | of pretrial release bail bond on an underlying | ||||||
| 16 | criminal charge pursuant to Section 110-6 of the Code | ||||||
| 17 | of Criminal Procedure of 1963; | ||||||
| 18 | (ii) to revoke or modify an order of probation, | ||||||
| 19 | conditional discharge or supervision, pursuant to | ||||||
| 20 | Section 5-6-4 of the Unified Code of Corrections; or | ||||||
| 21 | (iii) to revoke or modify a sentence of periodic | ||||||
| 22 | imprisonment, pursuant to Section 5-7-2 of the Unified | ||||||
| 23 | Code of Corrections.
| ||||||
| 24 | (Source: P.A. 96-311, eff. 1-1-10; 97-294, eff. 1-1-12; | ||||||
| 25 | 101-652.)
| ||||||
| |||||||
| |||||||
| 1 | Section 305. The Illinois Domestic Violence Act of 1986 is | ||||||
| 2 | amended by changing Sections 223 and 301 as follows:
| ||||||
| 3 | (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
| ||||||
| 4 | Sec. 223. Enforcement of orders of protection.
| ||||||
| 5 | (a) When violation is crime. A violation of any order of | ||||||
| 6 | protection,
whether issued in a civil or criminal proceeding, | ||||||
| 7 | shall be enforced
by a
criminal court when:
| ||||||
| 8 | (1) The respondent commits the crime of violation of | ||||||
| 9 | an order of
protection pursuant to Section 12-3.4 or 12-30 | ||||||
| 10 | of the Criminal Code of
1961 or the Criminal Code of 2012, | ||||||
| 11 | by
having knowingly violated:
| ||||||
| 12 | (i) remedies described in paragraphs (1), (2), | ||||||
| 13 | (3), (14),
or (14.5) of
subsection (b) of Section 214 | ||||||
| 14 | of this Act; or
| ||||||
| 15 | (ii) a remedy, which is substantially similar to | ||||||
| 16 | the remedies
authorized under paragraphs (1), (2), | ||||||
| 17 | (3), (14), and (14.5) of subsection (b)
of Section 214 | ||||||
| 18 | of this Act, in a valid order of protection which is | ||||||
| 19 | authorized
under the laws of another state, tribe, or | ||||||
| 20 | United States territory; or
| ||||||
| 21 | (iii) any other remedy when the act
constitutes a | ||||||
| 22 | crime against the protected parties as defined by the
| ||||||
| 23 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
| 24 | Prosecution for a violation of an order of
protection | ||||||
| 25 | shall not bar concurrent prosecution for any other crime,
| ||||||
| |||||||
| |||||||
| 1 | including any crime that may have been committed at the | ||||||
| 2 | time of the
violation of the order of protection; or
| ||||||
| 3 | (2) The respondent commits the crime of child | ||||||
| 4 | abduction pursuant
to Section 10-5 of the Criminal Code of | ||||||
| 5 | 1961 or the Criminal Code of 2012, by having knowingly | ||||||
| 6 | violated:
| ||||||
| 7 | (i) remedies described in paragraphs (5), (6) or | ||||||
| 8 | (8) of subsection
(b) of
Section 214 of this Act; or
| ||||||
| 9 | (ii) a remedy, which is substantially similar to | ||||||
| 10 | the remedies
authorized under paragraphs (5), (6), or | ||||||
| 11 | (8) of subsection (b) of Section 214
of this Act, in a | ||||||
| 12 | valid order of protection which is authorized under | ||||||
| 13 | the laws
of another state, tribe, or United States | ||||||
| 14 | territory.
| ||||||
| 15 | (b) When violation is contempt of court. A violation of | ||||||
| 16 | any valid
Illinois order of protection, whether issued in a | ||||||
| 17 | civil or criminal
proceeding, may be enforced through civil or | ||||||
| 18 | criminal contempt procedures,
as appropriate, by any court | ||||||
| 19 | with jurisdiction, regardless where the act or
acts which | ||||||
| 20 | violated the order of protection were committed, to the extent
| ||||||
| 21 | consistent with the venue provisions of this Act. Nothing in | ||||||
| 22 | this Act
shall preclude any Illinois court from enforcing any | ||||||
| 23 | valid order of
protection issued in another state. Illinois | ||||||
| 24 | courts may enforce orders of
protection through both criminal | ||||||
| 25 | prosecution and contempt proceedings,
unless the action which | ||||||
| 26 | is second in time is barred by collateral estoppel
or the | ||||||
| |||||||
| |||||||
| 1 | constitutional prohibition against double jeopardy.
| ||||||
| 2 | (1) In a contempt proceeding where the petition for a | ||||||
| 3 | rule to show
cause sets forth facts evidencing an | ||||||
| 4 | immediate danger that the
respondent will flee the | ||||||
| 5 | jurisdiction, conceal a child, or inflict physical
abuse | ||||||
| 6 | on the petitioner or minor children or on dependent adults | ||||||
| 7 | in
petitioner's care, the court may order the
attachment | ||||||
| 8 | of the respondent without prior service of the rule to | ||||||
| 9 | show
cause or the petition for a rule to show cause. | ||||||
| 10 | Conditions of release Bond shall be set unless
| ||||||
| 11 | specifically denied in writing.
| ||||||
| 12 | (2) A petition for a rule to show cause for violation | ||||||
| 13 | of an order of
protection shall be treated as an expedited | ||||||
| 14 | proceeding.
| ||||||
| 15 | (b-1) The court shall not hold a school district or | ||||||
| 16 | private or non-public school or any of its employees in civil | ||||||
| 17 | or criminal contempt unless the school district or private or | ||||||
| 18 | non-public school has been allowed to intervene. | ||||||
| 19 | (b-2) The court may hold the parents, guardian, or legal | ||||||
| 20 | custodian of a minor respondent in civil or criminal contempt | ||||||
| 21 | for a violation of any provision of any order entered under | ||||||
| 22 | this Act for conduct of the minor respondent in violation of | ||||||
| 23 | this Act if the
parents, guardian, or legal custodian | ||||||
| 24 | directed, encouraged, or assisted the respondent minor in such | ||||||
| 25 | conduct. | ||||||
| 26 | (c) Violation of custody or support orders or temporary or | ||||||
| |||||||
| |||||||
| 1 | final judgments allocating parental responsibilities. A | ||||||
| 2 | violation of remedies
described in paragraphs (5), (6), (8), | ||||||
| 3 | or (9) of subsection (b) of Section
214 of this Act may be | ||||||
| 4 | enforced by any remedy provided by Section 607.5 of
the | ||||||
| 5 | Illinois Marriage and Dissolution of Marriage Act. The court | ||||||
| 6 | may
enforce any order for support issued under paragraph (12) | ||||||
| 7 | of subsection (b)
of Section 214 in the manner provided for | ||||||
| 8 | under Parts V and VII of the
Illinois Marriage and Dissolution | ||||||
| 9 | of Marriage Act.
| ||||||
| 10 | (d) Actual knowledge. An order of protection may be | ||||||
| 11 | enforced pursuant to
this Section if the respondent violates | ||||||
| 12 | the order after the
respondent has
actual knowledge of its | ||||||
| 13 | contents as shown through one of the following means:
| ||||||
| 14 | (1) By service, delivery, or notice under Section 210.
| ||||||
| 15 | (2) By notice under Section 210.1 or 211.
| ||||||
| 16 | (3) By service of an order of protection under Section | ||||||
| 17 | 222.
| ||||||
| 18 | (4) By other means demonstrating actual knowledge of | ||||||
| 19 | the contents of the
order.
| ||||||
| 20 | (e) The enforcement of an order of protection in civil or | ||||||
| 21 | criminal court
shall not be affected by either of the | ||||||
| 22 | following:
| ||||||
| 23 | (1) The existence of a separate, correlative order, | ||||||
| 24 | entered under Section
215.
| ||||||
| 25 | (2) Any finding or order entered in a conjoined | ||||||
| 26 | criminal proceeding.
| ||||||
| |||||||
| |||||||
| 1 | (f) Circumstances. The court, when determining whether or | ||||||
| 2 | not a
violation of an order of protection has occurred, shall | ||||||
| 3 | not require
physical manifestations of abuse on the person of | ||||||
| 4 | the victim.
| ||||||
| 5 | (g) Penalties.
| ||||||
| 6 | (1) Except as provided in paragraph (3) of this
| ||||||
| 7 | subsection, where the court finds the commission of a | ||||||
| 8 | crime or contempt of
court under subsections (a) or (b) of | ||||||
| 9 | this Section, the penalty shall be
the penalty that | ||||||
| 10 | generally applies in such criminal or contempt
| ||||||
| 11 | proceedings, and may include one or more of the following: | ||||||
| 12 | incarceration,
payment of restitution, a fine, payment of | ||||||
| 13 | attorneys' fees and costs, or
community service.
| ||||||
| 14 | (2) The court shall hear and take into account | ||||||
| 15 | evidence of any factors
in aggravation or mitigation | ||||||
| 16 | before deciding an appropriate penalty under
paragraph (1) | ||||||
| 17 | of this subsection.
| ||||||
| 18 | (3) To the extent permitted by law, the court is | ||||||
| 19 | encouraged to:
| ||||||
| 20 | (i) increase the penalty for the knowing violation | ||||||
| 21 | of
any order of protection over any penalty previously | ||||||
| 22 | imposed by any court
for respondent's violation of any | ||||||
| 23 | order of protection or penal statute
involving | ||||||
| 24 | petitioner as victim and respondent as defendant;
| ||||||
| 25 | (ii) impose a minimum penalty of 24 hours | ||||||
| 26 | imprisonment for respondent's
first violation of any | ||||||
| |||||||
| |||||||
| 1 | order of protection; and
| ||||||
| 2 | (iii) impose a minimum penalty of 48 hours | ||||||
| 3 | imprisonment for
respondent's second or subsequent | ||||||
| 4 | violation of an order of protection
| ||||||
| 5 | unless the court explicitly finds that an increased | ||||||
| 6 | penalty or that
period of imprisonment would be manifestly | ||||||
| 7 | unjust.
| ||||||
| 8 | (4) In addition to any other penalties imposed for a | ||||||
| 9 | violation of an
order of protection, a criminal court may | ||||||
| 10 | consider evidence of any
violations of an order of | ||||||
| 11 | protection:
| ||||||
| 12 | (i) to increase, revoke or modify the conditions | ||||||
| 13 | of pretrial release bail bond on an underlying
| ||||||
| 14 | criminal charge pursuant to Section 110-6 of the Code | ||||||
| 15 | of Criminal Procedure
of 1963;
| ||||||
| 16 | (ii) to revoke or modify an order of probation, | ||||||
| 17 | conditional discharge or
supervision, pursuant to | ||||||
| 18 | Section 5-6-4 of the Unified Code of Corrections;
| ||||||
| 19 | (iii) to revoke or modify a sentence of periodic | ||||||
| 20 | imprisonment,
pursuant to Section 5-7-2 of the Unified | ||||||
| 21 | Code of Corrections.
| ||||||
| 22 | (5) In addition to any other penalties, the court | ||||||
| 23 | shall impose an
additional fine of $20 as authorized by | ||||||
| 24 | Section 5-9-1.11 of the Unified Code of
Corrections upon | ||||||
| 25 | any person convicted of or placed on supervision for a
| ||||||
| 26 | violation of an order of protection.
The additional fine | ||||||
| |||||||
| |||||||
| 1 | shall be imposed for each violation of this Section.
| ||||||
| 2 | (Source: P.A. 99-90, eff. 1-1-16; 101-652.)
| ||||||
| 3 | (750 ILCS 60/301) (from Ch. 40, par. 2313-1)
| ||||||
| 4 | (Text of Section before amendment by P.A. 101-652) | ||||||
| 5 | Sec. 301. Arrest without warrant.
| ||||||
| 6 | (a) Any law enforcement officer may
make an arrest without
| ||||||
| 7 | warrant if the officer has probable cause to believe that the | ||||||
| 8 | person has
committed or is committing any crime, including but | ||||||
| 9 | not limited to
violation of an order of protection, under | ||||||
| 10 | Section 12-3.4 or 12-30 of the Criminal
Code of 1961 or the | ||||||
| 11 | Criminal Code of 2012, even if the crime was not committed in | ||||||
| 12 | the presence of the
officer.
| ||||||
| 13 | (b) The law enforcement officer may verify the existence | ||||||
| 14 | of an order of
protection by telephone or radio communication | ||||||
| 15 | with his or her law enforcement
agency or by referring to the | ||||||
| 16 | copy of the order, or order of protection described on a Hope | ||||||
| 17 | Card under Section 219.5, provided by the petitioner
or | ||||||
| 18 | respondent.
| ||||||
| 19 | (c) Any law enforcement officer may make an arrest without | ||||||
| 20 | warrant if the
officer has reasonable grounds to believe a | ||||||
| 21 | defendant at liberty under
the provisions of subdivision | ||||||
| 22 | (d)(1) or (d)(2) of Section 110-10 of the Code of
Criminal | ||||||
| 23 | Procedure of 1963 has violated a condition of
his or her bail | ||||||
| 24 | bond or recognizance.
| ||||||
| 25 | (Source: P.A. 102-481, eff. 1-1-22.)
| ||||||
| |||||||
| |||||||
| 1 | (Text of Section after amendment by P.A. 101-652)
| ||||||
| 2 | Sec. 301. Arrest without warrant.
| ||||||
| 3 | (a) Any law enforcement officer may
make an arrest without
| ||||||
| 4 | warrant if the officer has probable cause to believe that the | ||||||
| 5 | person has
committed or is committing any crime, including but | ||||||
| 6 | not limited to
violation of an order of protection, under | ||||||
| 7 | Section 12-3.4 or 12-30 of the Criminal
Code of 1961 or the | ||||||
| 8 | Criminal Code of 2012, even if the crime was not committed in | ||||||
| 9 | the presence of the
officer.
| ||||||
| 10 | (b) The law enforcement officer may verify the existence | ||||||
| 11 | of an order of
protection by telephone or radio communication | ||||||
| 12 | with his or her law enforcement
agency or by referring to the | ||||||
| 13 | copy of the order, or order of protection described on a Hope | ||||||
| 14 | Card under Section 219.5, provided by the petitioner
or | ||||||
| 15 | respondent.
| ||||||
| 16 | (c) Any law enforcement officer may make an arrest without | ||||||
| 17 | warrant if the
officer has reasonable grounds to believe a | ||||||
| 18 | defendant at liberty under
the provisions of subdivision | ||||||
| 19 | (d)(1) or (d)(2) of Section 110-10 of the Code of
Criminal | ||||||
| 20 | Procedure of 1963 has violated a condition of
his or her | ||||||
| 21 | pretrial release bail bond or recognizance.
| ||||||
| 22 | (Source: P.A. 101-652, eff. 1-1-23; 102-481, eff. 1-1-22; | ||||||
| 23 | revised 10-14-21.)
| ||||||
| 24 | Section 310. The Industrial and Linen Supplies Marking Law | ||||||
| |||||||
| |||||||
| 1 | is amended by changing Section 11 as follows:
| ||||||
| 2 | (765 ILCS 1045/11) (from Ch. 140, par. 111)
| ||||||
| 3 | Sec. 11.
Search
warrant.
| ||||||
| 4 | Whenever the registrant, or officer, or authorized agent | ||||||
| 5 | of any firm,
partnership or corporation which is a registrant | ||||||
| 6 | under this Act, takes an
oath before any circuit court, that he | ||||||
| 7 | has reason to believe that any
supplies are being unlawfully | ||||||
| 8 | used, sold, or secreted in any place, the
court shall issue a | ||||||
| 9 | search warrant to any police officer authorizing such
officer | ||||||
| 10 | to search the premises wherein it is alleged such articles may | ||||||
| 11 | be
found and take into custody any person in whose possession | ||||||
| 12 | the articles are
found. Any person so seized shall be taken | ||||||
| 13 | without unnecessary delay before
the court issuing the search | ||||||
| 14 | warrant. The court is empowered to impose conditions of | ||||||
| 15 | pretrial release bail
on any such person to compel his | ||||||
| 16 | attendance at any continued hearing.
| ||||||
| 17 | (Source: P.A. 77-1273; 101-652.)
| ||||||
| 18 | Section 315. The Illinois Torture Inquiry and Relief | ||||||
| 19 | Commission Act is amended by changing Section 50 as follows:
| ||||||
| 20 | (775 ILCS 40/50)
| ||||||
| 21 | Sec. 50. Post-commission judicial review. | ||||||
| 22 | (a) If the Commission concludes there is sufficient
| ||||||
| 23 | evidence of torture to merit judicial review, the Chair of the
| ||||||
| |||||||
| |||||||
| 1 | Commission shall request the Chief Judge of the Circuit Court
| ||||||
| 2 | of Cook County for assignment to a trial judge for
| ||||||
| 3 | consideration. The court may receive proof by affidavits,
| ||||||
| 4 | depositions, oral testimony, or other evidence. In its
| ||||||
| 5 | discretion the court may order the petitioner brought before
| ||||||
| 6 | the court for the hearing. Notwithstanding the status of any | ||||||
| 7 | other postconviction proceedings relating to the petitioner, | ||||||
| 8 | if the court finds in favor of the
petitioner, it shall enter | ||||||
| 9 | an appropriate order with respect to
the judgment or sentence | ||||||
| 10 | in the former proceedings and such
supplementary orders as to | ||||||
| 11 | rearraignment, retrial, custody,
pretrial release bail or | ||||||
| 12 | discharge, or for such relief as may be granted under a | ||||||
| 13 | petition for a certificate of innocence, as may be necessary | ||||||
| 14 | and proper. | ||||||
| 15 | (b) The State's Attorney, or the State's Attorney's
| ||||||
| 16 | designee, shall represent the State at the hearing before the
| ||||||
| 17 | assigned judge.
| ||||||
| 18 | (Source: P.A. 96-223, eff. 8-10-09; 101-652.)
| ||||||
| 19 | Section 320. The Unemployment Insurance Act is amended by | ||||||
| 20 | changing Section 602 as follows:
| ||||||
| 21 | (820 ILCS 405/602) (from Ch. 48, par. 432)
| ||||||
| 22 | Sec. 602. Discharge for misconduct - Felony. | ||||||
| 23 | A. An individual shall be
ineligible for benefits for the | ||||||
| 24 | week in which he has been discharged for
misconduct connected | ||||||
| |||||||
| |||||||
| 1 | with his work and, thereafter, until he has become
reemployed | ||||||
| 2 | and has had earnings equal to or in excess of his current | ||||||
| 3 | weekly
benefit amount in each of four calendar weeks
which are | ||||||
| 4 | either for services in employment, or have been or will be | ||||||
| 5 | reported
pursuant to the provisions of the Federal Insurance | ||||||
| 6 | Contributions Act by
each employing unit for which such | ||||||
| 7 | services are performed and which submits
a statement | ||||||
| 8 | certifying to that fact.
The requalification requirements of | ||||||
| 9 | the preceding sentence shall be
deemed to have been satisfied, | ||||||
| 10 | as of the date of reinstatement, if,
subsequent to his | ||||||
| 11 | discharge by an employing unit for misconduct connected
with | ||||||
| 12 | his work, such individual is reinstated by such employing | ||||||
| 13 | unit. For
purposes of this subsection, the term "misconduct" | ||||||
| 14 | means the deliberate and
willful violation of a reasonable | ||||||
| 15 | rule or policy of the employing unit,
governing the | ||||||
| 16 | individual's behavior in performance of his work, provided
| ||||||
| 17 | such violation has harmed the employing unit or other | ||||||
| 18 | employees or has been
repeated by the individual despite a | ||||||
| 19 | warning or other explicit instruction
from the employing unit. | ||||||
| 20 | The previous definition notwithstanding, "misconduct" shall | ||||||
| 21 | include any of the following work-related circumstances: | ||||||
| 22 | 1. Falsification of an employment application, or any | ||||||
| 23 | other documentation provided to the employer, to obtain | ||||||
| 24 | employment through subterfuge. | ||||||
| 25 | 2. Failure to maintain licenses, registrations, and | ||||||
| 26 | certifications reasonably required by the employer, or | ||||||
| |||||||
| |||||||
| 1 | those that the individual is required to possess by law, | ||||||
| 2 | to perform his or her regular job duties, unless the | ||||||
| 3 | failure is not within the control of the individual. | ||||||
| 4 | 3. Knowing, repeated violation of the attendance | ||||||
| 5 | policies of the employer that are in compliance with State | ||||||
| 6 | and federal law following a written warning for an | ||||||
| 7 | attendance violation, unless the individual can | ||||||
| 8 | demonstrate that he or she has made a reasonable effort to | ||||||
| 9 | remedy the reason or reasons for the violations or that | ||||||
| 10 | the reason or reasons for the violations were out of the | ||||||
| 11 | individual's control. Attendance policies of the employer | ||||||
| 12 | shall be reasonable and provided to the individual in | ||||||
| 13 | writing, electronically, or via posting in the workplace. | ||||||
| 14 | 4. Damaging the employer's property through conduct | ||||||
| 15 | that is grossly negligent. | ||||||
| 16 | 5. Refusal to obey an employer's reasonable and lawful | ||||||
| 17 | instruction, unless the refusal is due to the lack of | ||||||
| 18 | ability, skills, or training for the individual required | ||||||
| 19 | to obey the instruction or the instruction would result in | ||||||
| 20 | an unsafe act. | ||||||
| 21 | 6. Consuming alcohol or illegal or non-prescribed | ||||||
| 22 | prescription drugs, or using an impairing substance in an | ||||||
| 23 | off-label manner, on the employer's premises during | ||||||
| 24 | working hours in violation of the employer's policies. | ||||||
| 25 | 7. Reporting to work under the influence of alcohol, | ||||||
| 26 | illegal or non-prescribed prescription drugs, or an | ||||||
| |||||||
| |||||||
| 1 | impairing substance used in an off-label manner in | ||||||
| 2 | violation of the employer's policies, unless the | ||||||
| 3 | individual is compelled to report to work by the employer | ||||||
| 4 | outside of scheduled and on-call working hours and informs | ||||||
| 5 | the employer that he or she is under the influence of | ||||||
| 6 | alcohol, illegal or non-prescribed prescription drugs, or | ||||||
| 7 | an impairing substance used in an off-label manner in | ||||||
| 8 | violation of the employer's policies.
| ||||||
| 9 | 8. Grossly negligent conduct endangering the safety of | ||||||
| 10 | the individual or co-workers. | ||||||
| 11 | For purposes of paragraphs 4 and 8, conduct is "grossly | ||||||
| 12 | negligent" when the individual is, or reasonably should be, | ||||||
| 13 | aware of a substantial risk that the conduct will result in the | ||||||
| 14 | harm sought to be prevented and the conduct constitutes a | ||||||
| 15 | substantial deviation from the standard of care a reasonable | ||||||
| 16 | person would exercise in the situation. | ||||||
| 17 | Nothing in paragraph 6 or 7 prohibits the lawful use of | ||||||
| 18 | over-the-counter drug products as defined in Section 206 of | ||||||
| 19 | the Illinois Controlled Substances Act, provided that the | ||||||
| 20 | medication does not affect the safe performance of the | ||||||
| 21 | employee's work duties. | ||||||
| 22 | B. Notwithstanding any other provision of this Act, no | ||||||
| 23 | benefit
rights shall accrue to any individual based upon wages | ||||||
| 24 | from any employer
for service rendered prior to the day upon | ||||||
| 25 | which such individual was
discharged because of the commission | ||||||
| 26 | of a felony in connection with his
work, or because of theft in | ||||||
| |||||||
| |||||||
| 1 | connection with his work, for which the
employer was in no way | ||||||
| 2 | responsible; provided, that the employer notified
the Director | ||||||
| 3 | of such possible ineligibility within the time limits
| ||||||
| 4 | specified by regulations of the Director, and that the | ||||||
| 5 | individual has
admitted his commission of the felony or theft | ||||||
| 6 | to a representative of
the Director, or has signed a written | ||||||
| 7 | admission of such act and such
written admission has been | ||||||
| 8 | presented to a representative of the
Director, or such act has | ||||||
| 9 | resulted in a conviction or order of
supervision by a court of
| ||||||
| 10 | competent jurisdiction; and provided further, that if by | ||||||
| 11 | reason of such
act, he is in legal custody, held on pretrial | ||||||
| 12 | release bail or is a fugitive from justice,
the determination | ||||||
| 13 | of his benefit rights shall be held in abeyance
pending the | ||||||
| 14 | result of any legal proceedings arising therefrom.
| ||||||
| 15 | (Source: P.A. 99-488, eff. 1-3-16; 101-652.)
| ||||||
| 16 | (730 ILCS 5/3-6-7.1 rep.) | ||||||
| 17 | (730 ILCS 5/3-6-7.2 rep.) | ||||||
| 18 | (730 ILCS 5/3-6-7.3 rep.) | ||||||
| 19 | (730 ILCS 5/3-6-7.4 rep.) | ||||||
| 20 | Section 325. The Unified Code of Corrections is amended by | ||||||
| 21 | repealing Sections 3-6-7.1, 3-6-7.2, 3-6-7.3, and 3-6-7.4.
| ||||||
| 22 | (730 ILCS 125/17.6 rep.) | ||||||
| 23 | (730 ILCS 125/17.7 rep.) | ||||||
| 24 | (730 ILCS 125/17.8 rep.) | ||||||
| |||||||
| |||||||
| 1 | (730 ILCS 125/17.9 rep.) | ||||||
| 2 | Section 330. The County Jail Act is amended by repealing | ||||||
| 3 | Sections 17.6, 17.7, 17.8, and 17.9.
| ||||||
| 4 | Section 335. The Unified Code of Corrections is amended by | ||||||
| 5 | changing Section 5-4-1 as follows:
| ||||||
| 6 | (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
| ||||||
| 7 | Sec. 5-4-1. Sentencing hearing.
| ||||||
| 8 | (a) Except when the death penalty is
sought under hearing | ||||||
| 9 | procedures otherwise specified, after a
determination of | ||||||
| 10 | guilt, a hearing shall be held to impose the sentence.
| ||||||
| 11 | However, prior to the imposition of sentence on an individual | ||||||
| 12 | being
sentenced for an offense based upon a charge for a | ||||||
| 13 | violation of Section
11-501 of the Illinois Vehicle Code or a | ||||||
| 14 | similar provision of a local
ordinance, the individual must | ||||||
| 15 | undergo a professional evaluation to
determine if an alcohol | ||||||
| 16 | or other drug abuse problem exists and the extent
of such a | ||||||
| 17 | problem. Programs conducting these evaluations shall be
| ||||||
| 18 | licensed by the Department of Human Services. However, if the | ||||||
| 19 | individual is
not a resident of Illinois, the court
may, in its | ||||||
| 20 | discretion, accept an evaluation from a program in the state | ||||||
| 21 | of
such individual's residence. The court may in its | ||||||
| 22 | sentencing order approve an
eligible defendant for placement | ||||||
| 23 | in a Department of Corrections impact
incarceration program as | ||||||
| 24 | provided in Section 5-8-1.1 or 5-8-1.3. The court may in its | ||||||
| |||||||
| |||||||
| 1 | sentencing order recommend a defendant for placement in a | ||||||
| 2 | Department of Corrections substance abuse treatment program as | ||||||
| 3 | provided in paragraph (a) of subsection (1) of Section 3-2-2 | ||||||
| 4 | conditioned upon the defendant being accepted in a program by | ||||||
| 5 | the Department of Corrections. At the
hearing the court
shall:
| ||||||
| 6 | (1) consider the evidence, if any, received upon the | ||||||
| 7 | trial;
| ||||||
| 8 | (2) consider any presentence reports;
| ||||||
| 9 | (3) consider the financial impact of incarceration | ||||||
| 10 | based on the
financial impact statement filed with the | ||||||
| 11 | clerk of the court by the
Department of Corrections;
| ||||||
| 12 | (4) consider evidence and information offered by the | ||||||
| 13 | parties in
aggravation and mitigation; | ||||||
| 14 | (4.5) consider substance abuse treatment, eligibility | ||||||
| 15 | screening, and an assessment, if any, of the defendant by | ||||||
| 16 | an agent designated by the State of Illinois to provide | ||||||
| 17 | assessment services for the Illinois courts;
| ||||||
| 18 | (5) hear arguments as to sentencing alternatives;
| ||||||
| 19 | (6) afford the defendant the opportunity to make a | ||||||
| 20 | statement in his
own behalf;
| ||||||
| 21 | (7) afford the victim of a violent crime or a | ||||||
| 22 | violation of Section
11-501 of the Illinois Vehicle Code, | ||||||
| 23 | or a similar provision of a local
ordinance, the | ||||||
| 24 | opportunity to present an oral or written statement, as | ||||||
| 25 | guaranteed by Article I, Section 8.1 of the Illinois | ||||||
| 26 | Constitution and provided in Section 6 of the Rights of | ||||||
| |||||||
| |||||||
| 1 | Crime Victims and Witnesses Act. The court shall allow a | ||||||
| 2 | victim to make an oral statement if the victim is present | ||||||
| 3 | in the courtroom and requests to make an oral or written | ||||||
| 4 | statement. An oral or written statement includes the | ||||||
| 5 | victim or a representative of the victim reading the | ||||||
| 6 | written statement. The court may allow persons impacted by | ||||||
| 7 | the crime who are not victims under subsection (a) of | ||||||
| 8 | Section 3 of the Rights of Crime Victims and Witnesses Act | ||||||
| 9 | to present an oral or written statement. A victim and any | ||||||
| 10 | person making an oral statement shall not be put under | ||||||
| 11 | oath or subject to cross-examination. All statements | ||||||
| 12 | offered under this paragraph
(7) shall become part of the | ||||||
| 13 | record of the court. In this
paragraph (7), "victim of a | ||||||
| 14 | violent crime" means a person who is a victim of a violent | ||||||
| 15 | crime for which the defendant has been convicted after a | ||||||
| 16 | bench or jury trial or a person who is the victim of a | ||||||
| 17 | violent crime with which the defendant was charged and the | ||||||
| 18 | defendant has been convicted under a plea agreement of a | ||||||
| 19 | crime that is not a violent crime as defined in subsection | ||||||
| 20 | (c) of 3 of the Rights of Crime Victims and Witnesses Act; | ||||||
| 21 | (7.5) afford a qualified person affected by: (i) a | ||||||
| 22 | violation of Section 405, 405.1, 405.2, or 407 of the | ||||||
| 23 | Illinois Controlled Substances Act or a violation of | ||||||
| 24 | Section 55 or Section 65 of the Methamphetamine Control | ||||||
| 25 | and Community Protection Act; or (ii) a Class 4 felony | ||||||
| 26 | violation of Section 11-14, 11-14.3 except as described in | ||||||
| |||||||
| |||||||
| 1 | subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18, | ||||||
| 2 | 11-18.1, or 11-19 of the Criminal Code of 1961 or the | ||||||
| 3 | Criminal Code of 2012, committed by the defendant the | ||||||
| 4 | opportunity to make a statement concerning the impact on | ||||||
| 5 | the qualified person and to offer evidence in aggravation | ||||||
| 6 | or mitigation; provided that the statement and evidence | ||||||
| 7 | offered in aggravation or mitigation shall first be | ||||||
| 8 | prepared in writing in conjunction with the State's | ||||||
| 9 | Attorney before it may be presented orally at the hearing. | ||||||
| 10 | Sworn testimony offered by the qualified person is subject | ||||||
| 11 | to the defendant's right to cross-examine. All statements | ||||||
| 12 | and evidence offered under this paragraph (7.5) shall | ||||||
| 13 | become part of the record of the court. In this paragraph | ||||||
| 14 | (7.5), "qualified person" means any person who: (i) lived | ||||||
| 15 | or worked within the territorial jurisdiction where the | ||||||
| 16 | offense took place when the offense took place; or (ii) is | ||||||
| 17 | familiar with various public places within the territorial | ||||||
| 18 | jurisdiction where the offense took place when the offense | ||||||
| 19 | took place. "Qualified person" includes any peace officer | ||||||
| 20 | or any member of any duly organized State, county, or | ||||||
| 21 | municipal peace officer unit assigned to the territorial | ||||||
| 22 | jurisdiction where the offense took place when the offense | ||||||
| 23 | took place;
| ||||||
| 24 | (8) in cases of reckless homicide afford the victim's | ||||||
| 25 | spouse,
guardians, parents or other immediate family | ||||||
| 26 | members an opportunity to make
oral statements;
| ||||||
| |||||||
| |||||||
| 1 | (9) in cases involving a felony sex offense as defined | ||||||
| 2 | under the Sex
Offender
Management Board Act, consider the | ||||||
| 3 | results of the sex offender evaluation
conducted pursuant | ||||||
| 4 | to Section 5-3-2 of this Act; and
| ||||||
| 5 | (10) make a finding of whether a motor vehicle was | ||||||
| 6 | used in the commission of the offense for which the | ||||||
| 7 | defendant is being sentenced. | ||||||
| 8 | (b) All sentences shall be imposed by the judge based upon | ||||||
| 9 | his
independent assessment of the elements specified above and | ||||||
| 10 | any agreement
as to sentence reached by the parties. The judge | ||||||
| 11 | who presided at the
trial or the judge who accepted the plea of | ||||||
| 12 | guilty shall impose the
sentence unless he is no longer | ||||||
| 13 | sitting as a judge in that court. Where
the judge does not | ||||||
| 14 | impose sentence at the same time on all defendants
who are | ||||||
| 15 | convicted as a result of being involved in the same offense, | ||||||
| 16 | the
defendant or the State's Attorney may advise the | ||||||
| 17 | sentencing court of the
disposition of any other defendants | ||||||
| 18 | who have been sentenced.
| ||||||
| 19 | (b-1) In imposing a sentence of imprisonment or periodic | ||||||
| 20 | imprisonment for a Class 3 or Class 4 felony for which a | ||||||
| 21 | sentence of probation or conditional discharge is an available | ||||||
| 22 | sentence, if the defendant has no prior sentence of probation | ||||||
| 23 | or conditional discharge and no prior conviction for a violent | ||||||
| 24 | crime, the defendant shall not be sentenced to imprisonment | ||||||
| 25 | before review and consideration of a presentence report and | ||||||
| 26 | determination and explanation of why the particular evidence, | ||||||
| |||||||
| |||||||
| 1 | information, factor in aggravation, factual finding, or other | ||||||
| 2 | reasons support a sentencing determination that one or more of | ||||||
| 3 | the factors under subsection (a) of Section 5-6-1 of this Code | ||||||
| 4 | apply and that probation or conditional discharge is not an | ||||||
| 5 | appropriate sentence. | ||||||
| 6 | (c) In imposing a sentence for a violent crime or for an | ||||||
| 7 | offense of
operating or being in physical control of a vehicle | ||||||
| 8 | while under the
influence of alcohol, any other drug or any | ||||||
| 9 | combination thereof, or a
similar provision of a local | ||||||
| 10 | ordinance, when such offense resulted in the
personal injury | ||||||
| 11 | to someone other than the defendant, the trial judge shall
| ||||||
| 12 | specify on the record the particular evidence, information, | ||||||
| 13 | factors in
mitigation and aggravation or other reasons that | ||||||
| 14 | led to his sentencing
determination. The full verbatim record | ||||||
| 15 | of the sentencing hearing shall be
filed with the clerk of the | ||||||
| 16 | court and shall be a public record.
| ||||||
| 17 | (c-1) In imposing a sentence for the offense of aggravated | ||||||
| 18 | kidnapping for
ransom, home invasion, armed robbery, | ||||||
| 19 | aggravated vehicular hijacking,
aggravated discharge of a | ||||||
| 20 | firearm, or armed violence with a category I weapon
or | ||||||
| 21 | category II weapon,
the trial judge shall make a finding as to | ||||||
| 22 | whether the conduct leading to
conviction for the offense | ||||||
| 23 | resulted in great bodily harm to a victim, and
shall enter that | ||||||
| 24 | finding and the basis for that finding in the record.
| ||||||
| 25 | (c-1.5) Notwithstanding any other provision of law to the | ||||||
| 26 | contrary, in imposing a sentence for an offense that requires | ||||||
| |||||||
| |||||||
| 1 | a mandatory minimum sentence of imprisonment, the court may | ||||||
| 2 | instead sentence the offender to probation, conditional | ||||||
| 3 | discharge, or a lesser term of imprisonment it deems | ||||||
| 4 | appropriate if: (1) the offense involves the use or possession | ||||||
| 5 | of drugs, retail theft, or driving on a revoked license due to | ||||||
| 6 | unpaid financial obligations; (2) the court finds that the | ||||||
| 7 | defendant does not pose a risk to public safety; and (3) the | ||||||
| 8 | interest of justice requires imposing a term of probation, | ||||||
| 9 | conditional discharge, or a lesser term of imprisonment. The | ||||||
| 10 | court must state on the record its reasons for imposing | ||||||
| 11 | probation, conditional discharge, or a lesser term of | ||||||
| 12 | imprisonment. | ||||||
| 13 | (c-2) If the defendant is sentenced to prison, other than | ||||||
| 14 | when a sentence of
natural life imprisonment or a sentence of | ||||||
| 15 | death is imposed, at the time
the sentence is imposed the judge | ||||||
| 16 | shall
state on the record in open court the approximate period | ||||||
| 17 | of time the defendant
will serve in custody according to the | ||||||
| 18 | then current statutory rules and
regulations for sentence | ||||||
| 19 | credit found in Section 3-6-3 and other related
provisions of | ||||||
| 20 | this Code. This statement is intended solely to inform the
| ||||||
| 21 | public, has no legal effect on the defendant's actual release, | ||||||
| 22 | and may not be
relied on by the defendant on appeal.
| ||||||
| 23 | The judge's statement, to be given after pronouncing the | ||||||
| 24 | sentence, other than
when the sentence is imposed for one of | ||||||
| 25 | the offenses enumerated in paragraph
(a)(4) of Section 3-6-3, | ||||||
| 26 | shall include the following:
| ||||||
| |||||||
| |||||||
| 1 | "The purpose of this statement is to inform the public of | ||||||
| 2 | the actual period
of time this defendant is likely to spend in | ||||||
| 3 | prison as a result of this
sentence. The actual period of | ||||||
| 4 | prison time served is determined by the
statutes of Illinois | ||||||
| 5 | as applied to this sentence by the Illinois Department of
| ||||||
| 6 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
| 7 | case, assuming the defendant
receives all of his or her | ||||||
| 8 | sentence credit, the period of estimated actual
custody is ... | ||||||
| 9 | years and ... months, less up to 180 days additional earned | ||||||
| 10 | sentence credit. If the defendant, because of his or
her own | ||||||
| 11 | misconduct or failure to comply with the institutional | ||||||
| 12 | regulations,
does not receive those credits, the actual time | ||||||
| 13 | served in prison will be
longer. The defendant may also | ||||||
| 14 | receive an additional one-half day sentence
credit for each | ||||||
| 15 | day of participation in vocational, industry, substance abuse,
| ||||||
| 16 | and educational programs as provided for by Illinois statute."
| ||||||
| 17 | When the sentence is imposed for one of the offenses | ||||||
| 18 | enumerated in paragraph
(a)(2) of Section 3-6-3, other than | ||||||
| 19 | first degree murder, and the offense was
committed on or after | ||||||
| 20 | June 19, 1998, and when the sentence is imposed for
reckless | ||||||
| 21 | homicide as defined in subsection (e) of Section 9-3 of the | ||||||
| 22 | Criminal
Code of 1961 or the Criminal Code of 2012 if the | ||||||
| 23 | offense was committed on or after January 1, 1999,
and when the | ||||||
| 24 | sentence is imposed for aggravated driving under the influence
| ||||||
| 25 | of alcohol, other drug or drugs, or intoxicating compound or | ||||||
| 26 | compounds, or
any combination thereof as defined in | ||||||
| |||||||
| |||||||
| 1 | subparagraph (F) of paragraph (1) of
subsection (d) of Section | ||||||
| 2 | 11-501 of the Illinois Vehicle Code, and when
the sentence is | ||||||
| 3 | imposed for aggravated arson if the offense was committed
on | ||||||
| 4 | or after July 27, 2001 (the effective date of Public Act | ||||||
| 5 | 92-176), and when
the sentence is imposed for aggravated | ||||||
| 6 | driving under the influence of alcohol,
other drug or drugs, | ||||||
| 7 | or intoxicating compound or compounds, or any combination
| ||||||
| 8 | thereof as defined in subparagraph (C) of paragraph (1) of | ||||||
| 9 | subsection (d) of
Section 11-501 of the Illinois Vehicle Code | ||||||
| 10 | committed on or after January 1, 2011 (the effective date of | ||||||
| 11 | Public Act 96-1230), the judge's
statement, to be given after | ||||||
| 12 | pronouncing the sentence, shall 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 is entitled to no more than 4 1/2 days of | ||||||
| 20 | sentence credit for
each month of his or her sentence of | ||||||
| 21 | imprisonment. Therefore, this defendant
will serve at least | ||||||
| 22 | 85% of his or her sentence. Assuming the defendant
receives 4 | ||||||
| 23 | 1/2 days credit for each month of his or her sentence, the | ||||||
| 24 | period
of estimated actual custody is ... years and ... | ||||||
| 25 | months. If the defendant,
because of his or her own misconduct | ||||||
| 26 | or failure to comply with the
institutional regulations | ||||||
| |||||||
| |||||||
| 1 | receives lesser credit, the actual time served in
prison will | ||||||
| 2 | be longer."
| ||||||
| 3 | When a sentence of imprisonment is imposed for first | ||||||
| 4 | degree murder and
the offense was committed on or after June | ||||||
| 5 | 19, 1998, the judge's statement,
to be given after pronouncing | ||||||
| 6 | the sentence, shall include the following:
| ||||||
| 7 | "The purpose of this statement is to inform the public of | ||||||
| 8 | the actual period
of time this defendant is likely to spend in | ||||||
| 9 | prison as a result of this
sentence. The actual period of | ||||||
| 10 | prison time served is determined by the
statutes of Illinois | ||||||
| 11 | as applied to this sentence by the Illinois Department
of | ||||||
| 12 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
| 13 | case, the
defendant is not entitled to sentence credit. | ||||||
| 14 | Therefore, this defendant
will serve 100% of his or her | ||||||
| 15 | sentence."
| ||||||
| 16 | When the sentencing order recommends placement in a | ||||||
| 17 | substance abuse program for any offense that results in | ||||||
| 18 | incarceration
in a Department of Corrections facility and the | ||||||
| 19 | crime was
committed on or after September 1, 2003 (the | ||||||
| 20 | effective date of Public Act
93-354), the judge's
statement, | ||||||
| 21 | in addition to any other judge's statement required under this
| ||||||
| 22 | Section, to be given after pronouncing the sentence, shall | ||||||
| 23 | include the
following:
| ||||||
| 24 | "The purpose of this statement is to inform the public of
| ||||||
| 25 | the actual period of time this defendant is likely to spend in
| ||||||
| 26 | prison as a result of this sentence. The actual period of
| ||||||
| |||||||
| |||||||
| 1 | prison time served is determined by the statutes of Illinois | ||||||
| 2 | as
applied to this sentence by the Illinois Department of
| ||||||
| 3 | Corrections and the Illinois Prisoner Review Board. In this
| ||||||
| 4 | case, the defendant shall receive no earned sentence credit | ||||||
| 5 | under clause (3) of subsection (a) of Section 3-6-3 until he or
| ||||||
| 6 | she participates in and completes a substance abuse treatment | ||||||
| 7 | program or receives a waiver from the Director of Corrections | ||||||
| 8 | pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
| ||||||
| 9 | (c-4) Before the sentencing hearing and as part of the | ||||||
| 10 | presentence investigation under Section 5-3-1, the court shall | ||||||
| 11 | inquire of the defendant whether the defendant is currently | ||||||
| 12 | serving in or is a veteran of the Armed Forces of the United | ||||||
| 13 | States.
If the defendant is currently serving in the Armed | ||||||
| 14 | Forces of the United States or is a veteran of the Armed Forces | ||||||
| 15 | of the United States and has been diagnosed as having a mental | ||||||
| 16 | illness by a qualified psychiatrist or clinical psychologist | ||||||
| 17 | or physician, the court may: | ||||||
| 18 | (1) order that the officer preparing the presentence | ||||||
| 19 | report consult with the United States Department of | ||||||
| 20 | Veterans Affairs, Illinois Department of Veterans' | ||||||
| 21 | Affairs, or another agency or person with suitable | ||||||
| 22 | knowledge or experience for the purpose of providing the | ||||||
| 23 | court with information regarding treatment options | ||||||
| 24 | available to the defendant, including federal, State, and | ||||||
| 25 | local programming; and | ||||||
| 26 | (2) consider the treatment recommendations of any | ||||||
| |||||||
| |||||||
| 1 | diagnosing or treating mental health professionals | ||||||
| 2 | together with the treatment options available to the | ||||||
| 3 | defendant in imposing sentence. | ||||||
| 4 | For the purposes of this subsection (c-4), "qualified | ||||||
| 5 | psychiatrist" means a reputable physician licensed in Illinois | ||||||
| 6 | to practice medicine in all its branches, who has specialized | ||||||
| 7 | in the diagnosis and treatment of mental and nervous disorders | ||||||
| 8 | for a period of not less than 5 years. | ||||||
| 9 | (c-6) In imposing a sentence, the trial judge shall | ||||||
| 10 | specify, on the record, the particular evidence and other | ||||||
| 11 | reasons which led to his or her determination that a motor | ||||||
| 12 | vehicle was used in the commission of the offense. | ||||||
| 13 | (d) When the defendant is committed to the Department of
| ||||||
| 14 | Corrections, the State's Attorney shall and counsel for the | ||||||
| 15 | defendant
may file a statement with the clerk of the court to | ||||||
| 16 | be transmitted to
the department, agency or institution to | ||||||
| 17 | which the defendant is
committed to furnish such department, | ||||||
| 18 | agency or institution with the
facts and circumstances of the | ||||||
| 19 | offense for which the person was
committed together with all | ||||||
| 20 | other factual information accessible to them
in regard to the | ||||||
| 21 | person prior to his commitment relative to his habits,
| ||||||
| 22 | associates, disposition and reputation and any other facts and
| ||||||
| 23 | circumstances which may aid such department, agency or | ||||||
| 24 | institution
during its custody of such person. The clerk shall | ||||||
| 25 | within 10 days after
receiving any such statements transmit a | ||||||
| 26 | copy to such department, agency
or institution and a copy to | ||||||
| |||||||
| |||||||
| 1 | the other party, provided, however, that
this shall not be | ||||||
| 2 | cause for delay in conveying the person to the
department, | ||||||
| 3 | agency or institution to which he has been committed.
| ||||||
| 4 | (e) The clerk of the court shall transmit to the | ||||||
| 5 | department,
agency or institution, if any, to which the | ||||||
| 6 | defendant is committed, the
following:
| ||||||
| 7 | (1) the sentence imposed;
| ||||||
| 8 | (2) any statement by the court of the basis for | ||||||
| 9 | imposing the sentence;
| ||||||
| 10 | (3) any presentence reports;
| ||||||
| 11 | (3.5) any sex offender evaluations;
| ||||||
| 12 | (3.6) any substance abuse treatment eligibility | ||||||
| 13 | screening and assessment of the defendant by an agent | ||||||
| 14 | designated by the State of Illinois to provide assessment | ||||||
| 15 | services for the Illinois courts;
| ||||||
| 16 | (4) the number of days, if any, which the defendant | ||||||
| 17 | has been in
custody and for which he is entitled to credit | ||||||
| 18 | against the sentence,
which information shall be provided | ||||||
| 19 | to the clerk by the sheriff;
| ||||||
| 20 | (4.1) any finding of great bodily harm made by the | ||||||
| 21 | court with respect
to an offense enumerated in subsection | ||||||
| 22 | (c-1);
| ||||||
| 23 | (5) all statements filed under subsection (d) of this | ||||||
| 24 | Section;
| ||||||
| 25 | (6) any medical or mental health records or summaries | ||||||
| 26 | of the defendant;
| ||||||
| |||||||
| |||||||
| 1 | (7) the municipality where the arrest of the offender | ||||||
| 2 | or the commission
of the offense has occurred, where such | ||||||
| 3 | municipality has a population of
more than 25,000 persons;
| ||||||
| 4 | (8) all statements made and evidence offered under | ||||||
| 5 | paragraph (7) of
subsection (a) of this Section; and
| ||||||
| 6 | (9) all additional matters which the court directs the | ||||||
| 7 | clerk to
transmit.
| ||||||
| 8 | (f) In cases in which the court finds that a motor vehicle | ||||||
| 9 | was used in the commission of the offense for which the | ||||||
| 10 | defendant is being sentenced, the clerk of the court shall, | ||||||
| 11 | within 5 days thereafter, forward a report of such conviction | ||||||
| 12 | to the Secretary of State. | ||||||
| 13 | (Source: P.A. 99-861, eff. 1-1-17; 99-938, eff. 1-1-18; | ||||||
| 14 | 100-961, eff. 1-1-19; revised 10-3-18; 101-652.)
| ||||||
| 15 | Section 340. The Open Meetings Act is amended by changing | ||||||
| 16 | Section 2 as follows:
| ||||||
| 17 | (5 ILCS 120/2) (from Ch. 102, par. 42)
| ||||||
| 18 | Sec. 2. Open meetings.
| ||||||
| 19 | (a) Openness required. All meetings of public
bodies shall | ||||||
| 20 | be open to the public unless excepted in subsection (c)
and | ||||||
| 21 | closed in accordance with Section 2a.
| ||||||
| 22 | (b) Construction of exceptions. The exceptions contained | ||||||
| 23 | in subsection
(c) are in derogation of the requirement that | ||||||
| 24 | public bodies
meet in the open, and therefore, the exceptions | ||||||
| |||||||
| |||||||
| 1 | are to be strictly
construed, extending only to subjects | ||||||
| 2 | clearly within their scope.
The exceptions authorize but do | ||||||
| 3 | not require the holding of
a closed meeting to discuss a | ||||||
| 4 | subject included within an enumerated exception.
| ||||||
| 5 | (c) Exceptions. A public body may hold closed meetings to | ||||||
| 6 | consider the
following subjects:
| ||||||
| 7 | (1) The appointment, employment, compensation, | ||||||
| 8 | discipline, performance,
or dismissal of specific | ||||||
| 9 | employees, specific individuals who serve as independent | ||||||
| 10 | contractors in a park, recreational, or educational | ||||||
| 11 | setting, or specific volunteers of the public body or | ||||||
| 12 | legal counsel for
the public body, including hearing
| ||||||
| 13 | testimony on a complaint lodged against an employee, a | ||||||
| 14 | specific individual who serves as an independent | ||||||
| 15 | contractor in a park, recreational, or educational | ||||||
| 16 | setting, or a volunteer of the public body or
against | ||||||
| 17 | legal counsel for the public body to determine its | ||||||
| 18 | validity. However, a meeting to consider an increase in | ||||||
| 19 | compensation to a specific employee of a public body that | ||||||
| 20 | is subject to the Local Government Wage Increase | ||||||
| 21 | Transparency Act may not be closed and shall be open to the | ||||||
| 22 | public and posted and held in accordance with this Act.
| ||||||
| 23 | (2) Collective negotiating matters between the public | ||||||
| 24 | body and its
employees or their representatives, or | ||||||
| 25 | deliberations concerning salary
schedules for one or more | ||||||
| 26 | classes of employees.
| ||||||
| |||||||
| |||||||
| 1 | (3) The selection of a person to fill a public office,
| ||||||
| 2 | as defined in this Act, including a vacancy in a public | ||||||
| 3 | office, when the public
body is given power to appoint | ||||||
| 4 | under law or ordinance, or the discipline,
performance or | ||||||
| 5 | removal of the occupant of a public office, when the | ||||||
| 6 | public body
is given power to remove the occupant under | ||||||
| 7 | law or ordinance.
| ||||||
| 8 | (4) Evidence or testimony presented in open hearing, | ||||||
| 9 | or in closed
hearing where specifically authorized by law, | ||||||
| 10 | to
a quasi-adjudicative body, as defined in this Act, | ||||||
| 11 | provided that the body
prepares and makes available for | ||||||
| 12 | public inspection a written decision
setting forth its | ||||||
| 13 | determinative reasoning.
| ||||||
| 14 | (5) The purchase or lease of real property for the use | ||||||
| 15 | of
the public body, including meetings held for the | ||||||
| 16 | purpose of discussing
whether a particular parcel should | ||||||
| 17 | be acquired.
| ||||||
| 18 | (6) The setting of a price for sale or lease of | ||||||
| 19 | property owned
by the public body.
| ||||||
| 20 | (7) The sale or purchase of securities, investments, | ||||||
| 21 | or investment
contracts. This exception shall not apply to | ||||||
| 22 | the investment of assets or income of funds deposited into | ||||||
| 23 | the Illinois Prepaid Tuition Trust Fund.
| ||||||
| 24 | (8) Security procedures, school building safety and | ||||||
| 25 | security, and the use of personnel and
equipment to | ||||||
| 26 | respond to an actual, a threatened, or a reasonably
| ||||||
| |||||||
| |||||||
| 1 | potential danger to the safety of employees, students, | ||||||
| 2 | staff, the public, or
public
property.
| ||||||
| 3 | (9) Student disciplinary cases.
| ||||||
| 4 | (10) The placement of individual students in special | ||||||
| 5 | education
programs and other matters relating to | ||||||
| 6 | individual students.
| ||||||
| 7 | (11) Litigation, when an action against, affecting or | ||||||
| 8 | on behalf of the
particular public body has been filed and | ||||||
| 9 | is pending before a court or
administrative tribunal, or | ||||||
| 10 | when the public body finds that an action is
probable or | ||||||
| 11 | imminent, in which case the basis for the finding shall be
| ||||||
| 12 | recorded and entered into the minutes of the closed | ||||||
| 13 | meeting.
| ||||||
| 14 | (12) The establishment of reserves or settlement of | ||||||
| 15 | claims as provided
in the Local Governmental and | ||||||
| 16 | Governmental Employees Tort Immunity Act, if
otherwise the | ||||||
| 17 | disposition of a claim or potential claim might be
| ||||||
| 18 | prejudiced, or the review or discussion of claims, loss or | ||||||
| 19 | risk management
information, records, data, advice or | ||||||
| 20 | communications from or with respect
to any insurer of the | ||||||
| 21 | public body or any intergovernmental risk management
| ||||||
| 22 | association or self insurance pool of which the public | ||||||
| 23 | body is a member.
| ||||||
| 24 | (13) Conciliation of complaints of discrimination in | ||||||
| 25 | the sale or rental
of housing, when closed meetings are | ||||||
| 26 | authorized by the law or ordinance
prescribing fair | ||||||
| |||||||
| |||||||
| 1 | housing practices and creating a commission or
| ||||||
| 2 | administrative agency for their enforcement.
| ||||||
| 3 | (14) Informant sources, the hiring or assignment of | ||||||
| 4 | undercover personnel
or equipment, or ongoing, prior or | ||||||
| 5 | future criminal investigations, when
discussed by a public | ||||||
| 6 | body with criminal investigatory responsibilities.
| ||||||
| 7 | (15) Professional ethics or performance when | ||||||
| 8 | considered by an advisory
body appointed to advise a | ||||||
| 9 | licensing or regulatory agency on matters
germane to the | ||||||
| 10 | advisory body's field of competence.
| ||||||
| 11 | (16) Self evaluation, practices and procedures or | ||||||
| 12 | professional ethics,
when meeting with a representative of | ||||||
| 13 | a statewide association of which the
public body is a | ||||||
| 14 | member.
| ||||||
| 15 | (17) The recruitment, credentialing, discipline or | ||||||
| 16 | formal peer review
of physicians or other
health care | ||||||
| 17 | professionals, or for the discussion of matters protected | ||||||
| 18 | under the federal Patient Safety and Quality Improvement | ||||||
| 19 | Act of 2005, and the regulations promulgated thereunder, | ||||||
| 20 | including 42 C.F.R. Part 3 (73 FR 70732), or the federal | ||||||
| 21 | Health Insurance Portability and Accountability Act of | ||||||
| 22 | 1996, and the regulations promulgated thereunder, | ||||||
| 23 | including 45 C.F.R. Parts 160, 162, and 164, by a | ||||||
| 24 | hospital, or
other institution providing medical care, | ||||||
| 25 | that is operated by the public body.
| ||||||
| 26 | (18) Deliberations for decisions of the Prisoner | ||||||
| |||||||
| |||||||
| 1 | Review Board.
| ||||||
| 2 | (19) Review or discussion of applications received | ||||||
| 3 | under the
Experimental Organ Transplantation Procedures | ||||||
| 4 | Act.
| ||||||
| 5 | (20) The classification and discussion of matters | ||||||
| 6 | classified as
confidential or continued confidential by | ||||||
| 7 | the State Government Suggestion Award
Board.
| ||||||
| 8 | (21) Discussion of minutes of meetings lawfully closed | ||||||
| 9 | under this Act,
whether for purposes of approval by the | ||||||
| 10 | body of the minutes or semi-annual
review of the minutes | ||||||
| 11 | as mandated by Section 2.06.
| ||||||
| 12 | (22) Deliberations for decisions of the State
| ||||||
| 13 | Emergency Medical Services Disciplinary
Review Board.
| ||||||
| 14 | (23) The operation by a municipality of a municipal | ||||||
| 15 | utility or the
operation of a
municipal power agency or | ||||||
| 16 | municipal natural gas agency when the
discussion involves | ||||||
| 17 | (i) contracts relating to the
purchase, sale, or delivery | ||||||
| 18 | of electricity or natural gas or (ii) the results
or | ||||||
| 19 | conclusions of load forecast studies.
| ||||||
| 20 | (24) Meetings of a residential health care facility | ||||||
| 21 | resident sexual
assault and death review
team or
the | ||||||
| 22 | Executive
Council under the Abuse Prevention Review
Team | ||||||
| 23 | Act.
| ||||||
| 24 | (25) Meetings of an independent team of experts under | ||||||
| 25 | Brian's Law. | ||||||
| 26 | (26) Meetings of a mortality review team appointed | ||||||
| |||||||
| |||||||
| 1 | under the Department of Juvenile Justice Mortality Review | ||||||
| 2 | Team Act. | ||||||
| 3 | (27) (Blank). | ||||||
| 4 | (28) Correspondence and records (i) that may not be | ||||||
| 5 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
| 6 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
| 7 | the Illinois Public Aid Code. | ||||||
| 8 | (29) Meetings between internal or external auditors | ||||||
| 9 | and governmental audit committees, finance committees, and | ||||||
| 10 | their equivalents, when the discussion involves internal | ||||||
| 11 | control weaknesses, identification of potential fraud risk | ||||||
| 12 | areas, known or suspected frauds, and fraud interviews | ||||||
| 13 | conducted in accordance with generally accepted auditing | ||||||
| 14 | standards of the United States of America. | ||||||
| 15 | (30) Those meetings or portions of meetings of a | ||||||
| 16 | fatality review team or the Illinois Fatality Review Team | ||||||
| 17 | Advisory Council during which a review of the death of an | ||||||
| 18 | eligible adult in which abuse or neglect is suspected, | ||||||
| 19 | alleged, or substantiated is conducted pursuant to Section | ||||||
| 20 | 15 of the Adult Protective Services Act. | ||||||
| 21 | (31) Meetings and deliberations for decisions of the | ||||||
| 22 | Concealed Carry Licensing Review Board under the Firearm | ||||||
| 23 | Concealed Carry Act. | ||||||
| 24 | (32) Meetings between the Regional Transportation | ||||||
| 25 | Authority Board and its Service Boards when the discussion | ||||||
| 26 | involves review by the Regional Transportation Authority | ||||||
| |||||||
| |||||||
| 1 | Board of employment contracts under Section 28d of the | ||||||
| 2 | Metropolitan Transit Authority Act and Sections 3A.18 and | ||||||
| 3 | 3B.26 of the Regional Transportation Authority Act. | ||||||
| 4 | (33) Those meetings or portions of meetings of the | ||||||
| 5 | advisory committee and peer review subcommittee created | ||||||
| 6 | under Section 320 of the Illinois Controlled Substances | ||||||
| 7 | Act during which specific controlled substance prescriber, | ||||||
| 8 | dispenser, or patient information is discussed. | ||||||
| 9 | (34) Meetings of the Tax Increment Financing Reform | ||||||
| 10 | Task Force under Section 2505-800 of the Department of | ||||||
| 11 | Revenue Law of the Civil Administrative Code of Illinois. | ||||||
| 12 | (35) Meetings of the group established to discuss | ||||||
| 13 | Medicaid capitation rates under Section 5-30.8 of the | ||||||
| 14 | Illinois Public Aid Code. | ||||||
| 15 | (36) Those deliberations or portions of deliberations | ||||||
| 16 | for decisions of the Illinois Gaming Board in which there | ||||||
| 17 | is discussed any of the following: (i) personal, | ||||||
| 18 | commercial, financial, or other information obtained from | ||||||
| 19 | any source that is privileged, proprietary, confidential, | ||||||
| 20 | or a trade secret; or (ii) information specifically | ||||||
| 21 | exempted from the disclosure by federal or State law. | ||||||
| 22 | (37) Deliberations for decisions of the Illinois Law
| ||||||
| 23 | Enforcement Training Standards Board, the Certification | ||||||
| 24 | Review Panel, and the Illinois State Police Merit Board | ||||||
| 25 | regarding certification and decertification. | ||||||
| 26 | (38) Meetings of the Ad Hoc Statewide Domestic
| ||||||
| |||||||
| |||||||
| 1 | Violence Fatality Review Committee of the Illinois | ||||||
| 2 | Criminal
Justice Information Authority Board that occur in | ||||||
| 3 | closed executive session under subsection (d) of Section | ||||||
| 4 | 35 of the Domestic Violence Fatality Review Act. | ||||||
| 5 | (39) Meetings of the regional review teams under | ||||||
| 6 | subsection (a) of Section 75 of the Domestic Violence | ||||||
| 7 | Fatality Review Act. | ||||||
| 8 | (40) (38) Meetings of the Firearm Owner's | ||||||
| 9 | Identification Card Review Board under Section 10 of the | ||||||
| 10 | Firearm Owners Identification Card Act. | ||||||
| 11 | (d) Definitions. For purposes of this Section:
| ||||||
| 12 | "Employee" means a person employed by a public body whose | ||||||
| 13 | relationship
with the public body constitutes an | ||||||
| 14 | employer-employee relationship under
the usual common law | ||||||
| 15 | rules, and who is not an independent contractor.
| ||||||
| 16 | "Public office" means a position created by or under the
| ||||||
| 17 | Constitution or laws of this State, the occupant of which is | ||||||
| 18 | charged with
the exercise of some portion of the sovereign | ||||||
| 19 | power of this State. The term
"public office" shall include | ||||||
| 20 | members of the public body, but it shall not
include | ||||||
| 21 | organizational positions filled by members thereof, whether
| ||||||
| 22 | established by law or by a public body itself, that exist to | ||||||
| 23 | assist the
body in the conduct of its business.
| ||||||
| 24 | "Quasi-adjudicative body" means an administrative body | ||||||
| 25 | charged by law or
ordinance with the responsibility to conduct | ||||||
| 26 | hearings, receive evidence or
testimony and make | ||||||
| |||||||
| |||||||
| 1 | determinations based
thereon, but does not include
local | ||||||
| 2 | electoral boards when such bodies are considering petition | ||||||
| 3 | challenges.
| ||||||
| 4 | (e) Final action. No final action may be taken at a closed | ||||||
| 5 | meeting.
Final action shall be preceded by a public recital of | ||||||
| 6 | the nature of the
matter being considered and other | ||||||
| 7 | information that will inform the
public of the business being | ||||||
| 8 | conducted.
| ||||||
| 9 | (Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19; | ||||||
| 10 | 101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff. | ||||||
| 11 | 8-20-21; 102-558, eff. 8-20-21; revised 10-6-21.)
| ||||||
| 12 | Section 345. The Freedom of Information Act is amended by | ||||||
| 13 | changing Sections 7 and 7.5 as follows:
| ||||||
| 14 | (5 ILCS 140/7) (from Ch. 116, par. 207) | ||||||
| 15 | Sec. 7. Exemptions.
| ||||||
| 16 | (1) When a request is made to inspect or copy a public | ||||||
| 17 | record that contains information that is exempt from | ||||||
| 18 | disclosure under this Section, but also contains information | ||||||
| 19 | that is not exempt from disclosure, the public body may elect | ||||||
| 20 | to redact the information that is exempt. The public body | ||||||
| 21 | shall make the remaining information available for inspection | ||||||
| 22 | and copying. Subject to this requirement, the following shall | ||||||
| 23 | be exempt from inspection and copying:
| ||||||
| 24 | (a) Information specifically prohibited from | ||||||
| |||||||
| |||||||
| 1 | disclosure by federal or
State law or rules and | ||||||
| 2 | regulations implementing federal or State law.
| ||||||
| 3 | (b) Private information, unless disclosure is required | ||||||
| 4 | by another provision of this Act, a State or federal law or | ||||||
| 5 | a court order. | ||||||
| 6 | (b-5) Files, documents, and other data or databases | ||||||
| 7 | maintained by one or more law enforcement agencies and | ||||||
| 8 | specifically designed to provide information to one or | ||||||
| 9 | more law enforcement agencies regarding the physical or | ||||||
| 10 | mental status of one or more individual subjects. | ||||||
| 11 | (c) Personal information contained within public | ||||||
| 12 | records, the disclosure of which would constitute a | ||||||
| 13 | clearly
unwarranted invasion of personal privacy, unless | ||||||
| 14 | the disclosure is
consented to in writing by the | ||||||
| 15 | individual subjects of the information. "Unwarranted | ||||||
| 16 | invasion of personal privacy" means the disclosure of | ||||||
| 17 | information that is highly personal or objectionable to a | ||||||
| 18 | reasonable person and in which the subject's right to | ||||||
| 19 | privacy outweighs any legitimate public interest in | ||||||
| 20 | obtaining the information. The
disclosure of information | ||||||
| 21 | that bears on the public duties of public
employees and | ||||||
| 22 | officials shall not be considered an invasion of personal
| ||||||
| 23 | privacy.
| ||||||
| 24 | (d) Records in the possession of any public body | ||||||
| 25 | created in the course of administrative enforcement
| ||||||
| 26 | proceedings, and any law enforcement or correctional | ||||||
| |||||||
| |||||||
| 1 | agency for
law enforcement purposes,
but only to the | ||||||
| 2 | extent that disclosure would:
| ||||||
| 3 | (i) interfere with pending or actually and | ||||||
| 4 | reasonably contemplated
law enforcement proceedings | ||||||
| 5 | conducted by any law enforcement or correctional
| ||||||
| 6 | agency that is the recipient of the request;
| ||||||
| 7 | (ii) interfere with active administrative | ||||||
| 8 | enforcement proceedings
conducted by the public body | ||||||
| 9 | that is the recipient of the request;
| ||||||
| 10 | (iii) create a substantial likelihood that a | ||||||
| 11 | person will be deprived of a fair trial or an impartial | ||||||
| 12 | hearing;
| ||||||
| 13 | (iv) unavoidably disclose the identity of a | ||||||
| 14 | confidential source, confidential information | ||||||
| 15 | furnished only by the confidential source, or persons | ||||||
| 16 | who file complaints with or provide information to | ||||||
| 17 | administrative, investigative, law enforcement, or | ||||||
| 18 | penal agencies; except that the identities of | ||||||
| 19 | witnesses to traffic accidents, traffic accident | ||||||
| 20 | reports, and rescue reports shall be provided by | ||||||
| 21 | agencies of local government, except when disclosure | ||||||
| 22 | would interfere with an active criminal investigation | ||||||
| 23 | conducted by the agency that is the recipient of the | ||||||
| 24 | request;
| ||||||
| 25 | (v) disclose unique or specialized investigative | ||||||
| 26 | techniques other than
those generally used and known | ||||||
| |||||||
| |||||||
| 1 | or disclose internal documents of
correctional | ||||||
| 2 | agencies related to detection, observation or | ||||||
| 3 | investigation of
incidents of crime or misconduct, and | ||||||
| 4 | disclosure would result in demonstrable harm to the | ||||||
| 5 | agency or public body that is the recipient of the | ||||||
| 6 | request;
| ||||||
| 7 | (vi) endanger the life or physical safety of law | ||||||
| 8 | enforcement personnel
or any other person; or
| ||||||
| 9 | (vii) obstruct an ongoing criminal investigation | ||||||
| 10 | by the agency that is the recipient of the request.
| ||||||
| 11 | (d-5) A law enforcement record created for law | ||||||
| 12 | enforcement purposes and contained in a shared electronic | ||||||
| 13 | record management system if the law enforcement agency | ||||||
| 14 | that is the recipient of the request did not create the | ||||||
| 15 | record, did not participate in or have a role in any of the | ||||||
| 16 | events which are the subject of the record, and only has | ||||||
| 17 | access to the record through the shared electronic record | ||||||
| 18 | management system. | ||||||
| 19 | (d-6) Records contained in the Officer Professional | ||||||
| 20 | Conduct Database under Section 9.4 of the Illinois Police | ||||||
| 21 | Training Act, except to the extent authorized under that | ||||||
| 22 | Section. This includes the documents supplied to Illinois | ||||||
| 23 | Law Enforcement Training Standards Board from the Illinois | ||||||
| 24 | State Police and Illinois State Police Merit Board. | ||||||
| 25 | (e) Records that relate to or affect the security of | ||||||
| 26 | correctional
institutions and detention facilities.
| ||||||
| |||||||
| |||||||
| 1 | (e-5) Records requested by persons committed to the | ||||||
| 2 | Department of Corrections, Department of Human Services | ||||||
| 3 | Division of Mental Health, or a county jail if those | ||||||
| 4 | materials are available in the library of the correctional | ||||||
| 5 | institution or facility or jail where the inmate is | ||||||
| 6 | confined. | ||||||
| 7 | (e-6) Records requested by persons committed to the | ||||||
| 8 | Department of Corrections, Department of Human Services | ||||||
| 9 | Division of Mental Health, or a county jail if those | ||||||
| 10 | materials include records from staff members' personnel | ||||||
| 11 | files, staff rosters, or other staffing assignment | ||||||
| 12 | information. | ||||||
| 13 | (e-7) Records requested by persons committed to the | ||||||
| 14 | Department of Corrections or Department of Human Services | ||||||
| 15 | Division of Mental Health if those materials are available | ||||||
| 16 | through an administrative request to the Department of | ||||||
| 17 | Corrections or Department of Human Services Division of | ||||||
| 18 | Mental Health. | ||||||
| 19 | (e-8) Records requested by a person committed to the | ||||||
| 20 | Department of Corrections, Department of Human Services | ||||||
| 21 | Division of Mental Health, or a county jail, the | ||||||
| 22 | disclosure of which would result in the risk of harm to any | ||||||
| 23 | person or the risk of an escape from a jail or correctional | ||||||
| 24 | institution or facility. | ||||||
| 25 | (e-9) Records requested by a person in a county jail | ||||||
| 26 | or committed to the Department of Corrections or | ||||||
| |||||||
| |||||||
| 1 | Department of Human Services Division of Mental Health, | ||||||
| 2 | containing personal information pertaining to the person's | ||||||
| 3 | victim or the victim's family, including, but not limited | ||||||
| 4 | to, a victim's home address, home telephone number, work | ||||||
| 5 | or school address, work telephone number, social security | ||||||
| 6 | number, or any other identifying information, except as | ||||||
| 7 | may be relevant to a requester's current or potential case | ||||||
| 8 | or claim. | ||||||
| 9 | (e-10) Law enforcement records of other persons | ||||||
| 10 | requested by a person committed to the Department of | ||||||
| 11 | Corrections, Department of Human Services Division of | ||||||
| 12 | Mental Health, or a county jail, including, but not | ||||||
| 13 | limited to, arrest and booking records, mug shots, and | ||||||
| 14 | crime scene photographs, except as these records may be | ||||||
| 15 | relevant to the requester's current or potential case or | ||||||
| 16 | claim. | ||||||
| 17 | (f) Preliminary drafts, notes, recommendations, | ||||||
| 18 | memoranda and other
records in which opinions are | ||||||
| 19 | expressed, or policies or actions are
formulated, except | ||||||
| 20 | that a specific record or relevant portion of a
record | ||||||
| 21 | shall not be exempt when the record is publicly cited
and | ||||||
| 22 | identified by the head of the public body. The exemption | ||||||
| 23 | provided in
this paragraph (f) extends to all those | ||||||
| 24 | records of officers and agencies
of the General Assembly | ||||||
| 25 | that pertain to the preparation of legislative
documents.
| ||||||
| 26 | (g) Trade secrets and commercial or financial | ||||||
| |||||||
| |||||||
| 1 | information obtained from
a person or business where the | ||||||
| 2 | trade secrets or commercial or financial information are | ||||||
| 3 | furnished under a claim that they are
proprietary, | ||||||
| 4 | privileged, or confidential, and that disclosure of the | ||||||
| 5 | trade
secrets or commercial or financial information would | ||||||
| 6 | cause competitive harm to the person or business, and only | ||||||
| 7 | insofar as the claim directly applies to the records | ||||||
| 8 | requested. | ||||||
| 9 | The information included under this exemption includes | ||||||
| 10 | all trade secrets and commercial or financial information | ||||||
| 11 | obtained by a public body, including a public pension | ||||||
| 12 | fund, from a private equity fund or a privately held | ||||||
| 13 | company within the investment portfolio of a private | ||||||
| 14 | equity fund as a result of either investing or evaluating | ||||||
| 15 | a potential investment of public funds in a private equity | ||||||
| 16 | fund. The exemption contained in this item does not apply | ||||||
| 17 | to the aggregate financial performance information of a | ||||||
| 18 | private equity fund, nor to the identity of the fund's | ||||||
| 19 | managers or general partners. The exemption contained in | ||||||
| 20 | this item does not apply to the identity of a privately | ||||||
| 21 | held company within the investment portfolio of a private | ||||||
| 22 | equity fund, unless the disclosure of the identity of a | ||||||
| 23 | privately held company may cause competitive harm. | ||||||
| 24 | Nothing contained in this
paragraph (g) shall be | ||||||
| 25 | construed to prevent a person or business from
consenting | ||||||
| 26 | to disclosure.
| ||||||
| |||||||
| |||||||
| 1 | (h) Proposals and bids for any contract, grant, or | ||||||
| 2 | agreement, including
information which if it were | ||||||
| 3 | disclosed would frustrate procurement or give
an advantage | ||||||
| 4 | to any person proposing to enter into a contractor | ||||||
| 5 | agreement
with the body, until an award or final selection | ||||||
| 6 | is made. Information
prepared by or for the body in | ||||||
| 7 | preparation of a bid solicitation shall be
exempt until an | ||||||
| 8 | award or final selection is made.
| ||||||
| 9 | (i) Valuable formulae,
computer geographic systems,
| ||||||
| 10 | designs, drawings and research data obtained or
produced | ||||||
| 11 | by any public body when disclosure could reasonably be | ||||||
| 12 | expected to
produce private gain or public loss.
The | ||||||
| 13 | exemption for "computer geographic systems" provided in | ||||||
| 14 | this paragraph
(i) does not extend to requests made by | ||||||
| 15 | news media as defined in Section 2 of
this Act when the | ||||||
| 16 | requested information is not otherwise exempt and the only
| ||||||
| 17 | purpose of the request is to access and disseminate | ||||||
| 18 | information regarding the
health, safety, welfare, or | ||||||
| 19 | legal rights of the general public.
| ||||||
| 20 | (j) The following information pertaining to | ||||||
| 21 | educational matters: | ||||||
| 22 | (i) test questions, scoring keys and other | ||||||
| 23 | examination data used to
administer an academic | ||||||
| 24 | examination;
| ||||||
| 25 | (ii) information received by a primary or | ||||||
| 26 | secondary school, college, or university under its | ||||||
| |||||||
| |||||||
| 1 | procedures for the evaluation of faculty members by | ||||||
| 2 | their academic peers; | ||||||
| 3 | (iii) information concerning a school or | ||||||
| 4 | university's adjudication of student disciplinary | ||||||
| 5 | cases, but only to the extent that disclosure would | ||||||
| 6 | unavoidably reveal the identity of the student; and | ||||||
| 7 | (iv) course materials or research materials used | ||||||
| 8 | by faculty members. | ||||||
| 9 | (k) Architects' plans, engineers' technical | ||||||
| 10 | submissions, and
other
construction related technical | ||||||
| 11 | documents for
projects not constructed or developed in | ||||||
| 12 | whole or in part with public funds
and the same for | ||||||
| 13 | projects constructed or developed with public funds, | ||||||
| 14 | including, but not limited to, power generating and | ||||||
| 15 | distribution stations and other transmission and | ||||||
| 16 | distribution facilities, water treatment facilities, | ||||||
| 17 | airport facilities, sport stadiums, convention centers, | ||||||
| 18 | and all government owned, operated, or occupied buildings, | ||||||
| 19 | but
only to the extent
that disclosure would compromise | ||||||
| 20 | security.
| ||||||
| 21 | (l) Minutes of meetings of public bodies closed to the
| ||||||
| 22 | public as provided in the Open Meetings Act until the | ||||||
| 23 | public body
makes the minutes available to the public | ||||||
| 24 | under Section 2.06 of the Open
Meetings Act.
| ||||||
| 25 | (m) Communications between a public body and an | ||||||
| 26 | attorney or auditor
representing the public body that | ||||||
| |||||||
| |||||||
| 1 | would not be subject to discovery in
litigation, and | ||||||
| 2 | materials prepared or compiled by or for a public body in
| ||||||
| 3 | anticipation of a criminal, civil, or administrative | ||||||
| 4 | proceeding upon the
request of an attorney advising the | ||||||
| 5 | public body, and materials prepared or
compiled with | ||||||
| 6 | respect to internal audits of public bodies.
| ||||||
| 7 | (n) Records relating to a public body's adjudication | ||||||
| 8 | of employee grievances or disciplinary cases; however, | ||||||
| 9 | this exemption shall not extend to the final outcome of | ||||||
| 10 | cases in which discipline is imposed.
| ||||||
| 11 | (o) Administrative or technical information associated | ||||||
| 12 | with automated
data processing operations, including, but | ||||||
| 13 | not limited to, software,
operating protocols, computer | ||||||
| 14 | program abstracts, file layouts, source
listings, object | ||||||
| 15 | modules, load modules, user guides, documentation
| ||||||
| 16 | pertaining to all logical and physical design of | ||||||
| 17 | computerized systems,
employee manuals, and any other | ||||||
| 18 | information that, if disclosed, would
jeopardize the | ||||||
| 19 | security of the system or its data or the security of
| ||||||
| 20 | materials exempt under this Section.
| ||||||
| 21 | (p) Records relating to collective negotiating matters
| ||||||
| 22 | between public bodies and their employees or | ||||||
| 23 | representatives, except that
any final contract or | ||||||
| 24 | agreement shall be subject to inspection and copying.
| ||||||
| 25 | (q) Test questions, scoring keys, and other | ||||||
| 26 | examination data used to determine the qualifications of | ||||||
| |||||||
| |||||||
| 1 | an applicant for a license or employment.
| ||||||
| 2 | (r) The records, documents, and information relating | ||||||
| 3 | to real estate
purchase negotiations until those | ||||||
| 4 | negotiations have been completed or
otherwise terminated. | ||||||
| 5 | With regard to a parcel involved in a pending or
actually | ||||||
| 6 | and reasonably contemplated eminent domain proceeding | ||||||
| 7 | under the Eminent Domain Act, records, documents, and
| ||||||
| 8 | information relating to that parcel shall be exempt except | ||||||
| 9 | as may be
allowed under discovery rules adopted by the | ||||||
| 10 | Illinois Supreme Court. The
records, documents, and | ||||||
| 11 | information relating to a real estate sale shall be
exempt | ||||||
| 12 | until a sale is consummated.
| ||||||
| 13 | (s) Any and all proprietary information and records | ||||||
| 14 | related to the
operation of an intergovernmental risk | ||||||
| 15 | management association or
self-insurance pool or jointly | ||||||
| 16 | self-administered health and accident
cooperative or pool.
| ||||||
| 17 | Insurance or self insurance (including any | ||||||
| 18 | intergovernmental risk management association or self | ||||||
| 19 | insurance pool) claims, loss or risk management | ||||||
| 20 | information, records, data, advice or communications.
| ||||||
| 21 | (t) Information contained in or related to | ||||||
| 22 | examination, operating, or
condition reports prepared by, | ||||||
| 23 | on behalf of, or for the use of a public
body responsible | ||||||
| 24 | for the regulation or supervision of financial
| ||||||
| 25 | institutions, insurance companies, or pharmacy benefit | ||||||
| 26 | managers, unless disclosure is otherwise
required by State | ||||||
| |||||||
| |||||||
| 1 | law.
| ||||||
| 2 | (u) Information that would disclose
or might lead to | ||||||
| 3 | the disclosure of
secret or confidential information, | ||||||
| 4 | codes, algorithms, programs, or private
keys intended to | ||||||
| 5 | be used to create electronic signatures under the Uniform | ||||||
| 6 | Electronic Transactions Act.
| ||||||
| 7 | (v) Vulnerability assessments, security measures, and | ||||||
| 8 | response policies
or plans that are designed to identify, | ||||||
| 9 | prevent, or respond to potential
attacks upon a | ||||||
| 10 | community's population or systems, facilities, or | ||||||
| 11 | installations,
the destruction or contamination of which | ||||||
| 12 | would constitute a clear and present
danger to the health | ||||||
| 13 | or safety of the community, but only to the extent that
| ||||||
| 14 | disclosure could reasonably be expected to jeopardize the | ||||||
| 15 | effectiveness of the
measures or the safety of the | ||||||
| 16 | personnel who implement them or the public.
Information | ||||||
| 17 | exempt under this item may include such things as details
| ||||||
| 18 | pertaining to the mobilization or deployment of personnel | ||||||
| 19 | or equipment, to the
operation of communication systems or | ||||||
| 20 | protocols, or to tactical operations.
| ||||||
| 21 | (w) (Blank). | ||||||
| 22 | (x) Maps and other records regarding the location or | ||||||
| 23 | security of generation, transmission, distribution, | ||||||
| 24 | storage, gathering,
treatment, or switching facilities | ||||||
| 25 | owned by a utility, by a power generator, or by the | ||||||
| 26 | Illinois Power Agency.
| ||||||
| |||||||
| |||||||
| 1 | (y) Information contained in or related to proposals, | ||||||
| 2 | bids, or negotiations related to electric power | ||||||
| 3 | procurement under Section 1-75 of the Illinois Power | ||||||
| 4 | Agency Act and Section 16-111.5 of the Public Utilities | ||||||
| 5 | Act that is determined to be confidential and proprietary | ||||||
| 6 | by the Illinois Power Agency or by the Illinois Commerce | ||||||
| 7 | Commission.
| ||||||
| 8 | (z) Information about students exempted from | ||||||
| 9 | disclosure under Sections 10-20.38 or 34-18.29 of the | ||||||
| 10 | School Code, and information about undergraduate students | ||||||
| 11 | enrolled at an institution of higher education exempted | ||||||
| 12 | from disclosure under Section 25 of the Illinois Credit | ||||||
| 13 | Card Marketing Act of 2009. | ||||||
| 14 | (aa) Information the disclosure of which is
exempted | ||||||
| 15 | under the Viatical Settlements Act of 2009.
| ||||||
| 16 | (bb) Records and information provided to a mortality | ||||||
| 17 | review team and records maintained by a mortality review | ||||||
| 18 | team appointed under the Department of Juvenile Justice | ||||||
| 19 | Mortality Review Team Act. | ||||||
| 20 | (cc) Information regarding interments, entombments, or | ||||||
| 21 | inurnments of human remains that are submitted to the | ||||||
| 22 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
| 23 | the Cemetery Oversight Act, whichever is applicable. | ||||||
| 24 | (dd) Correspondence and records (i) that may not be | ||||||
| 25 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
| 26 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
| |||||||
| |||||||
| 1 | the Illinois Public Aid Code. | ||||||
| 2 | (ee) The names, addresses, or other personal | ||||||
| 3 | information of persons who are minors and are also | ||||||
| 4 | participants and registrants in programs of park | ||||||
| 5 | districts, forest preserve districts, conservation | ||||||
| 6 | districts, recreation agencies, and special recreation | ||||||
| 7 | associations. | ||||||
| 8 | (ff) The names, addresses, or other personal | ||||||
| 9 | information of participants and registrants in programs of | ||||||
| 10 | park districts, forest preserve districts, conservation | ||||||
| 11 | districts, recreation agencies, and special recreation | ||||||
| 12 | associations where such programs are targeted primarily to | ||||||
| 13 | minors. | ||||||
| 14 | (gg) Confidential information described in Section | ||||||
| 15 | 1-100 of the Illinois Independent Tax Tribunal Act of | ||||||
| 16 | 2012. | ||||||
| 17 | (hh) The report submitted to the State Board of | ||||||
| 18 | Education by the School Security and Standards Task Force | ||||||
| 19 | under item (8) of subsection (d) of Section 2-3.160 of the | ||||||
| 20 | School Code and any information contained in that report. | ||||||
| 21 | (ii) Records requested by persons committed to or | ||||||
| 22 | detained by the Department of Human Services under the | ||||||
| 23 | Sexually Violent Persons Commitment Act or committed to | ||||||
| 24 | the Department of Corrections under the Sexually Dangerous | ||||||
| 25 | Persons Act if those materials: (i) are available in the | ||||||
| 26 | library of the facility where the individual is confined; | ||||||
| |||||||
| |||||||
| 1 | (ii) include records from staff members' personnel files, | ||||||
| 2 | staff rosters, or other staffing assignment information; | ||||||
| 3 | or (iii) are available through an administrative request | ||||||
| 4 | to the Department of Human Services or the Department of | ||||||
| 5 | Corrections. | ||||||
| 6 | (jj) Confidential information described in Section | ||||||
| 7 | 5-535 of the Civil Administrative Code of Illinois. | ||||||
| 8 | (kk) The public body's credit card numbers, debit card | ||||||
| 9 | numbers, bank account numbers, Federal Employer | ||||||
| 10 | Identification Number, security code numbers, passwords, | ||||||
| 11 | and similar account information, the disclosure of which | ||||||
| 12 | could result in identity theft or impression or defrauding | ||||||
| 13 | of a governmental entity or a person. | ||||||
| 14 | (ll) Records concerning the work of the threat | ||||||
| 15 | assessment team of a school district. | ||||||
| 16 | (1.5) Any information exempt from disclosure under the | ||||||
| 17 | Judicial Privacy Act shall be redacted from public records | ||||||
| 18 | prior to disclosure under this Act. | ||||||
| 19 | (2) A public record that is not in the possession of a | ||||||
| 20 | public body but is in the possession of a party with whom the | ||||||
| 21 | agency has contracted to perform a governmental function on | ||||||
| 22 | behalf of the public body, and that directly relates to the | ||||||
| 23 | governmental function and is not otherwise exempt under this | ||||||
| 24 | Act, shall be considered a public record of the public body, | ||||||
| 25 | for purposes of this Act. | ||||||
| 26 | (3) This Section does not authorize withholding of | ||||||
| |||||||
| |||||||
| 1 | information or limit the
availability of records to the | ||||||
| 2 | public, except as stated in this Section or
otherwise provided | ||||||
| 3 | in this Act.
| ||||||
| 4 | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | ||||||
| 5 | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | ||||||
| 6 | 6-25-21; 102-558, eff. 8-20-21; revised 10-4-21.)
| ||||||
| 7 | (5 ILCS 140/7.5)
| ||||||
| 8 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
| 9 | by the statutes referenced below, the following shall be | ||||||
| 10 | exempt from inspection and copying: | ||||||
| 11 | (a) All information determined to be confidential | ||||||
| 12 | under Section 4002 of the Technology Advancement and | ||||||
| 13 | Development Act. | ||||||
| 14 | (b) Library circulation and order records identifying | ||||||
| 15 | library users with specific materials under the Library | ||||||
| 16 | Records Confidentiality Act. | ||||||
| 17 | (c) Applications, related documents, and medical | ||||||
| 18 | records received by the Experimental Organ Transplantation | ||||||
| 19 | Procedures Board and any and all documents or other | ||||||
| 20 | records prepared by the Experimental Organ Transplantation | ||||||
| 21 | Procedures Board or its staff relating to applications it | ||||||
| 22 | has received. | ||||||
| 23 | (d) Information and records held by the Department of | ||||||
| 24 | Public Health and its authorized representatives relating | ||||||
| 25 | to known or suspected cases of sexually transmissible | ||||||
| |||||||
| |||||||
| 1 | disease or any information the disclosure of which is | ||||||
| 2 | restricted under the Illinois Sexually Transmissible | ||||||
| 3 | Disease Control Act. | ||||||
| 4 | (e) Information the disclosure of which is exempted | ||||||
| 5 | under Section 30 of the Radon Industry Licensing Act. | ||||||
| 6 | (f) Firm performance evaluations under Section 55 of | ||||||
| 7 | the Architectural, Engineering, and Land Surveying | ||||||
| 8 | Qualifications Based Selection Act. | ||||||
| 9 | (g) Information the disclosure of which is restricted | ||||||
| 10 | and exempted under Section 50 of the Illinois Prepaid | ||||||
| 11 | Tuition Act. | ||||||
| 12 | (h) Information the disclosure of which is exempted | ||||||
| 13 | under the State Officials and Employees Ethics Act, and | ||||||
| 14 | records of any lawfully created State or local inspector | ||||||
| 15 | general's office that would be exempt if created or | ||||||
| 16 | obtained by an Executive Inspector General's office under | ||||||
| 17 | that Act. | ||||||
| 18 | (i) Information contained in a local emergency energy | ||||||
| 19 | plan submitted to a municipality in accordance with a | ||||||
| 20 | local emergency energy plan ordinance that is adopted | ||||||
| 21 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
| 22 | (j) Information and data concerning the distribution | ||||||
| 23 | of surcharge moneys collected and remitted by carriers | ||||||
| 24 | under the Emergency Telephone System Act. | ||||||
| 25 | (k) Law enforcement officer identification information | ||||||
| 26 | or driver identification information compiled by a law | ||||||
| |||||||
| |||||||
| 1 | enforcement agency or the Department of Transportation | ||||||
| 2 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
| 3 | (l) Records and information provided to a residential | ||||||
| 4 | health care facility resident sexual assault and death | ||||||
| 5 | review team or the Executive Council under the Abuse | ||||||
| 6 | Prevention Review Team Act. | ||||||
| 7 | (m) Information provided to the predatory lending | ||||||
| 8 | database created pursuant to Article 3 of the Residential | ||||||
| 9 | Real Property Disclosure Act, except to the extent | ||||||
| 10 | authorized under that Article. | ||||||
| 11 | (n) Defense budgets and petitions for certification of | ||||||
| 12 | compensation and expenses for court appointed trial | ||||||
| 13 | counsel as provided under Sections 10 and 15 of the | ||||||
| 14 | Capital Crimes Litigation Act. This subsection (n) shall | ||||||
| 15 | apply until the conclusion of the trial of the case, even | ||||||
| 16 | if the prosecution chooses not to pursue the death penalty | ||||||
| 17 | prior 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| 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) All identified or deidentified health information | ||||||
| 12 | in the form of health data or medical records contained | ||||||
| 13 | in, stored in, submitted to, transferred by, or released | ||||||
| 14 | from the Illinois Health Information Exchange, and | ||||||
| 15 | identified or deidentified health information in the form | ||||||
| 16 | of health data and medical records of the Illinois Health | ||||||
| 17 | Information Exchange in the possession of the Illinois | ||||||
| 18 | Health Information Exchange Office due to its | ||||||
| 19 | administration of the Illinois Health Information | ||||||
| 20 | Exchange. The terms "identified" and "deidentified" shall | ||||||
| 21 | be given the same meaning as in the Health Insurance | ||||||
| 22 | Portability and Accountability Act of 1996, Public Law | ||||||
| 23 | 104-191, or any subsequent amendments thereto, and any | ||||||
| 24 | regulations promulgated thereunder. | ||||||
| 25 | (u) Records and information provided to an independent | ||||||
| 26 | team of experts under the Developmental Disability and | ||||||
| |||||||
| |||||||
| 1 | Mental Health Safety Act (also known as Brian's Law). | ||||||
| 2 | (v) Names and information of people who have applied | ||||||
| 3 | for or received Firearm Owner's Identification Cards under | ||||||
| 4 | the Firearm Owners Identification Card Act or applied for | ||||||
| 5 | or received a concealed carry license under the Firearm | ||||||
| 6 | Concealed Carry Act, unless otherwise authorized by the | ||||||
| 7 | Firearm Concealed Carry Act; and databases under the | ||||||
| 8 | Firearm Concealed Carry Act, records of the Concealed | ||||||
| 9 | Carry Licensing Review Board under the Firearm Concealed | ||||||
| 10 | Carry Act, and law enforcement agency objections under the | ||||||
| 11 | Firearm Concealed Carry Act. | ||||||
| 12 | (v-5) Records of the Firearm Owner's Identification | ||||||
| 13 | Card Review Board that are exempted from disclosure under | ||||||
| 14 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
| 15 | (w) Personally identifiable information which is | ||||||
| 16 | exempted from disclosure under subsection (g) of Section | ||||||
| 17 | 19.1 of the Toll Highway Act. | ||||||
| 18 | (x) Information which is exempted from disclosure | ||||||
| 19 | under Section 5-1014.3 of the Counties Code or Section | ||||||
| 20 | 8-11-21 of the Illinois Municipal Code. | ||||||
| 21 | (y) Confidential information under the Adult | ||||||
| 22 | Protective Services Act and its predecessor enabling | ||||||
| 23 | statute, the Elder Abuse and Neglect Act, including | ||||||
| 24 | information about the identity and administrative finding | ||||||
| 25 | against any caregiver of a verified and substantiated | ||||||
| 26 | decision of abuse, neglect, or financial exploitation of | ||||||
| |||||||
| |||||||
| 1 | an eligible adult maintained in the Registry established | ||||||
| 2 | under Section 7.5 of the Adult Protective Services Act. | ||||||
| 3 | (z) Records and information provided to a fatality | ||||||
| 4 | review team or the Illinois Fatality Review Team Advisory | ||||||
| 5 | Council under Section 15 of the Adult Protective Services | ||||||
| 6 | Act. | ||||||
| 7 | (aa) Information which is exempted from disclosure | ||||||
| 8 | under Section 2.37 of the Wildlife Code. | ||||||
| 9 | (bb) Information which is or was prohibited from | ||||||
| 10 | disclosure by the Juvenile Court Act of 1987. | ||||||
| 11 | (cc) Recordings made under the Law Enforcement | ||||||
| 12 | Officer-Worn Body Camera Act, except to the extent | ||||||
| 13 | authorized under that Act. | ||||||
| 14 | (dd) Information that is prohibited from being | ||||||
| 15 | disclosed under Section 45 of the Condominium and Common | ||||||
| 16 | Interest Community Ombudsperson Act. | ||||||
| 17 | (ee) Information that is exempted from disclosure | ||||||
| 18 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
| 19 | (ff) Information that is exempted from disclosure | ||||||
| 20 | under the Revised Uniform Unclaimed Property Act. | ||||||
| 21 | (gg) Information that is prohibited from being | ||||||
| 22 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
| 23 | Code. | ||||||
| 24 | (hh) Records that are exempt from disclosure under | ||||||
| 25 | Section 1A-16.7 of the Election Code. | ||||||
| 26 | (ii) Information which is exempted from disclosure | ||||||
| |||||||
| |||||||
| 1 | under Section 2505-800 of the Department of Revenue Law of | ||||||
| 2 | the Civil Administrative Code of Illinois. | ||||||
| 3 | (jj) Information and reports that are required to be | ||||||
| 4 | submitted to the Department of Labor by registering day | ||||||
| 5 | and temporary labor service agencies but are exempt from | ||||||
| 6 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
| 7 | and Temporary Labor Services Act. | ||||||
| 8 | (kk) Information prohibited from disclosure under the | ||||||
| 9 | Seizure and Forfeiture Reporting Act. | ||||||
| 10 | (ll) Information the disclosure of which is restricted | ||||||
| 11 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
| 12 | Aid Code. | ||||||
| 13 | (mm) Records that are exempt from disclosure under | ||||||
| 14 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
| 15 | (nn) Information that is exempt from disclosure under | ||||||
| 16 | Section 70 of the Higher Education Student Assistance Act. | ||||||
| 17 | (oo) Communications, notes, records, and reports | ||||||
| 18 | arising out of a peer support counseling session | ||||||
| 19 | prohibited from disclosure under the First Responders | ||||||
| 20 | Suicide Prevention Act. | ||||||
| 21 | (pp) Names and all identifying information relating to | ||||||
| 22 | an employee of an emergency services provider or law | ||||||
| 23 | enforcement agency under the First Responders Suicide | ||||||
| 24 | Prevention Act. | ||||||
| 25 | (qq) Information and records held by the Department of | ||||||
| 26 | Public Health and its authorized representatives collected | ||||||
| |||||||
| |||||||
| 1 | under the Reproductive Health Act. | ||||||
| 2 | (rr) Information that is exempt from disclosure under | ||||||
| 3 | the Cannabis Regulation and Tax Act. | ||||||
| 4 | (ss) Data reported by an employer to the Department of | ||||||
| 5 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
| 6 | Human Rights Act. | ||||||
| 7 | (tt) Recordings made under the Children's Advocacy | ||||||
| 8 | Center Act, except to the extent authorized under that | ||||||
| 9 | Act. | ||||||
| 10 | (uu) Information that is exempt from disclosure under | ||||||
| 11 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
| 12 | (vv) Information that is exempt from disclosure under | ||||||
| 13 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
| 14 | Public Aid Code. | ||||||
| 15 | (ww) Information that is exempt from disclosure under | ||||||
| 16 | Section 16.8 of the State Treasurer Act. | ||||||
| 17 | (xx) Information that is exempt from disclosure or | ||||||
| 18 | information that shall not be made public under the | ||||||
| 19 | Illinois Insurance Code. | ||||||
| 20 | (yy) Information prohibited from being disclosed under | ||||||
| 21 | the Illinois Educational Labor Relations Act. | ||||||
| 22 | (zz) Information prohibited from being disclosed under | ||||||
| 23 | the Illinois Public Labor Relations Act. | ||||||
| 24 | (aaa) Information prohibited from being disclosed | ||||||
| 25 | under Section 1-167 of the Illinois Pension Code. | ||||||
| 26 | (ccc) Information that is prohibited from disclosure | ||||||
| |||||||
| |||||||
| 1 | by the Illinois Police Training Act and the State Police | ||||||
| 2 | Act. | ||||||
| 3 | (ccc) (ddd) Records exempt from disclosure under | ||||||
| 4 | Section
2605-304 of the Illinois Department of State | ||||||
| 5 | Police Law of the Civil
Administrative Code of Illinois. | ||||||
| 6 | (ddd) (bbb) Information prohibited from being | ||||||
| 7 | disclosed under Section 35 of the Address Confidentiality | ||||||
| 8 | for Victims of Domestic Violence, Sexual Assault, Human | ||||||
| 9 | Trafficking, or Stalking Act. | ||||||
| 10 | (eee) (ddd) Information prohibited from being | ||||||
| 11 | disclosed under subsection (b) of Section 75 of the | ||||||
| 12 | Domestic Violence Fatality Review Act. | ||||||
| 13 | (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; | ||||||
| 14 | 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. | ||||||
| 15 | 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, | ||||||
| 16 | eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; | ||||||
| 17 | 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. | ||||||
| 18 | 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, | ||||||
| 19 | eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; | ||||||
| 20 | 102-559, eff. 8-20-21; revised 10-5-21.)
| ||||||
| 21 | Section 350. 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:
| ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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; revised 10-6-21.)
| ||||||
| 4 | Section 355. 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 Department of Nuclear | ||||||
| 15 | Safety, the Pollution Control
Board, and the Illinois | ||||||
| 16 | Commerce Commission, and the technical and engineering
| ||||||
| 17 | staff providing architectural and engineering services in | ||||||
| 18 | the Department of
Central Management Services.
| ||||||
| 19 | (13) All employees of the Illinois State Toll Highway | ||||||
| 20 | Authority.
| ||||||
| 21 | (14) The Secretary of the Illinois Workers' | ||||||
| 22 | Compensation Commission.
| ||||||
| 23 | (15) All persons who are appointed or employed by the | ||||||
| 24 | Director of
Insurance under authority of Section 202 of | ||||||
| 25 | the Illinois Insurance Code
to assist the Director of | ||||||
| 26 | Insurance in discharging his responsibilities
relating to | ||||||
| |||||||
| |||||||
| 1 | the rehabilitation, liquidation, conservation, and
| ||||||
| 2 | dissolution of companies that are subject to the | ||||||
| 3 | jurisdiction of the
Illinois Insurance Code.
| ||||||
| 4 | (16) All employees of the St. Louis Metropolitan Area | ||||||
| 5 | Airport
Authority.
| ||||||
| 6 | (17) All investment officers employed by the Illinois | ||||||
| 7 | State Board of
Investment.
| ||||||
| 8 | (18) Employees of the Illinois Young Adult | ||||||
| 9 | Conservation Corps program,
administered by the Illinois | ||||||
| 10 | Department of Natural Resources, authorized
grantee under | ||||||
| 11 | Title VIII of the Comprehensive
Employment and Training | ||||||
| 12 | Act of 1973, 29 U.S.C. USC 993.
| ||||||
| 13 | (19) Seasonal employees of the Department of | ||||||
| 14 | Agriculture for the
operation of the Illinois State Fair | ||||||
| 15 | and the DuQuoin State Fair, no one
person receiving more | ||||||
| 16 | than 29 days of such employment in any calendar year.
| ||||||
| 17 | (20) All "temporary" employees hired under the | ||||||
| 18 | Department of Natural
Resources' Illinois Conservation | ||||||
| 19 | Service, a youth
employment program that hires young | ||||||
| 20 | people to work in State parks for a period
of one year or | ||||||
| 21 | less.
| ||||||
| 22 | (21) All hearing officers of the Human Rights | ||||||
| 23 | Commission.
| ||||||
| 24 | (22) All employees of the Illinois Mathematics and | ||||||
| 25 | Science Academy.
| ||||||
| 26 | (23) All employees of the Kankakee River Valley Area
| ||||||
| |||||||
| |||||||
| 1 | Airport Authority.
| ||||||
| 2 | (24) The commissioners and employees of the Executive | ||||||
| 3 | Ethics
Commission.
| ||||||
| 4 | (25) The Executive Inspectors General, including | ||||||
| 5 | special Executive
Inspectors General, and employees of | ||||||
| 6 | each Office of an
Executive Inspector General.
| ||||||
| 7 | (26) The commissioners and employees of the | ||||||
| 8 | Legislative Ethics
Commission.
| ||||||
| 9 | (27) The Legislative Inspector General, including | ||||||
| 10 | special Legislative
Inspectors General, and employees of | ||||||
| 11 | the Office of
the Legislative Inspector General.
| ||||||
| 12 | (28) The Auditor General's Inspector General and | ||||||
| 13 | employees of the Office
of the Auditor General's Inspector | ||||||
| 14 | General.
| ||||||
| 15 | (29) All employees of the Illinois Power Agency. | ||||||
| 16 | (30) Employees having demonstrable, defined advanced | ||||||
| 17 | skills in accounting, financial reporting, or technical | ||||||
| 18 | expertise who are employed within executive branch | ||||||
| 19 | agencies and whose duties are directly related to the | ||||||
| 20 | submission to the Office of the Comptroller of financial | ||||||
| 21 | information for the publication of the Comprehensive | ||||||
| 22 | Annual Financial Report. | ||||||
| 23 | (31) All employees of the Illinois Sentencing Policy | ||||||
| 24 | Advisory Council. | ||||||
| 25 | (Source: P.A. 101-652, eff. 1-1-22; 102-291, eff. 8-6-21; | ||||||
| 26 | 102-538, eff. 8-20-21; revised 10-5-21.)
| ||||||
| |||||||
| |||||||
| 1 | Section 360. The Department of State Police Law of the
| ||||||
| 2 | Civil Administrative Code of Illinois is amended by changing | ||||||
| 3 | Section 2605-50 as follows:
| ||||||
| 4 | (20 ILCS 2605/2605-50) (was 20 ILCS 2605/55a-6)
| ||||||
| 5 | Sec. 2605-50. Division of Internal Investigation. The | ||||||
| 6 | Division
of Internal Investigation shall have jurisdiction and | ||||||
| 7 | initiate internal Illinois State Police
investigations and, at | ||||||
| 8 | the direction of the Governor,
investigate
complaints and | ||||||
| 9 | initiate investigations of official misconduct by State | ||||||
| 10 | officers
and all State employees. Notwithstanding any other | ||||||
| 11 | provisions of law, the Division shall serve as the | ||||||
| 12 | investigative body for the Illinois State Police for purposes | ||||||
| 13 | of compliance with the provisions of Sections 12.6 and 12.7 of | ||||||
| 14 | this Act.
| ||||||
| 15 | (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
| 16 | revised 10-4-21.)
| ||||||
| 17 | Section 365. The State Police Act is amended by changing | ||||||
| 18 | Sections 3, 6, 8, and 9 as follows:
| ||||||
| 19 | (20 ILCS 2610/3) (from Ch. 121, par. 307.3)
| ||||||
| 20 | Sec. 3.
The Governor shall appoint, by and with the advice | ||||||
| 21 | and consent of
the Senate, an Illinois State Police Merit | ||||||
| 22 | Board, hereinafter called
the Board, consisting of 7 5 members | ||||||
| |||||||
| |||||||
| 1 | to hold office. The Governor shall appoint new board members | ||||||
| 2 | within 30 days for the vacancies created under this amendatory | ||||||
| 3 | Act. Board members shall be appointed to four-year terms. No | ||||||
| 4 | member shall be appointed to more than 2 terms. In making the | ||||||
| 5 | appointments, the Governor shall make a good faith effort to | ||||||
| 6 | appoint members reflecting the geographic, ethic, and cultural | ||||||
| 7 | diversity of this State. In making the appointments, the | ||||||
| 8 | Governor should also consider appointing: persons with | ||||||
| 9 | professional backgrounds, possessing legal, management, | ||||||
| 10 | personnel, or labor experience; at least one member with at | ||||||
| 11 | least 10 years of experience as a licensed physician or | ||||||
| 12 | clinical psychologist with expertise in mental health; and at | ||||||
| 13 | least one member affiliated
with an organization commitment to | ||||||
| 14 | social and economic rights and to eliminating discrimination. | ||||||
| 15 | , one until the third
Monday in March, 1951, one until the | ||||||
| 16 | third Monday in March, 1953, and
one until the third Monday in | ||||||
| 17 | March, 1955, and until their respective
successors are | ||||||
| 18 | appointed and qualified. One of the members added by this
| ||||||
| 19 | amendatory Act of 1977 shall serve a term expiring on the third | ||||||
| 20 | Monday
in March, 1980, and until his successor is appointed | ||||||
| 21 | and qualified, and
one shall serve a term expiring on the third | ||||||
| 22 | Monday in March, 1982, and
until his successor is appointed | ||||||
| 23 | and qualified. Upon the expiration of
the terms of office of | ||||||
| 24 | those first appointed, their respective
successors shall be | ||||||
| 25 | appointed to hold office from the third Monday in
March of the | ||||||
| 26 | year of their respective appointments for a term of six
years | ||||||
| |||||||
| |||||||
| 1 | and until their successors are appointed and qualified for a | ||||||
| 2 | like
term. No more than 4 3 members of the Board shall be | ||||||
| 3 | affiliated with the
same political party. If the Senate is not | ||||||
| 4 | in session at the time initial
appointments are made pursuant | ||||||
| 5 | to this Section section, the Governor shall make
temporary | ||||||
| 6 | appointments as in the case of a vacancy. In order to avoid | ||||||
| 7 | actual conflicts of interest, or the appearance of conflicts | ||||||
| 8 | of interest, no board member shall be a retired or former | ||||||
| 9 | employee of the Illinois State Police. When a Board member may | ||||||
| 10 | have an actual, perceived, or potential conflict of interest | ||||||
| 11 | that could prevent the Board member from making a fair and | ||||||
| 12 | impartial decision on a complaint or formal complaint against | ||||||
| 13 | an Illinois State Police officer, the Board member shall | ||||||
| 14 | recuse himself or herself; or If the Board member fails to | ||||||
| 15 | recuse himself or herself, then the Board may, by a simple | ||||||
| 16 | majority, vote to recuse the Board member.
| ||||||
| 17 | (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
| 18 | revised 10-4-21.)
| ||||||
| 19 | (20 ILCS 2610/6) (from Ch. 121, par. 307.6)
| ||||||
| 20 | Sec. 6.
The Board is authorized to employ such clerical | ||||||
| 21 | and technical staff
assistants, not to exceed fifteen, as may | ||||||
| 22 | be necessary to enable the Board
to transact its business and, | ||||||
| 23 | if the rate of compensation is not otherwise
fixed by law, to | ||||||
| 24 | fix their compensation. In order to avoid actual conflicts of | ||||||
| 25 | interest, or the appearance of conflicts of interest, no | ||||||
| |||||||
| |||||||
| 1 | employee, contractor, clerical or technical staff shall be a | ||||||
| 2 | retired or former employee of the Illinois State Police. All | ||||||
| 3 | employees shall be subject to the Personnel Code.
| ||||||
| 4 | (Source: Laws 1949, p. 1357; P.A. 101-652.)
| ||||||
| 5 | (20 ILCS 2610/8) (from Ch. 121, par. 307.8)
| ||||||
| 6 | Sec. 8. Board jurisdiction. | ||||||
| 7 | (a) The Board shall exercise jurisdiction over the | ||||||
| 8 | certification for
appointment and promotion, and over the | ||||||
| 9 | discipline, removal, demotion, and
suspension of Illinois | ||||||
| 10 | State Police officers.
The Board and the Illinois State Police | ||||||
| 11 | should also ensure Illinois State Police cadets and officers | ||||||
| 12 | represent the utmost integrity and professionalism and | ||||||
| 13 | represent the geographic, ethnic, and cultural diversity of | ||||||
| 14 | this State. The Board shall also exercise jurisdiction to | ||||||
| 15 | certify and terminate Illinois State Police Officers in | ||||||
| 16 | compliance with certification standards consistent with | ||||||
| 17 | Sections 9, 11.5, and 12.6 of this Act. Pursuant to recognized
| ||||||
| 18 | merit principles of public employment, the Board shall | ||||||
| 19 | formulate, adopt,
and put into effect rules, regulations, and | ||||||
| 20 | procedures for its operation
and the transaction of its | ||||||
| 21 | business. The Board shall establish a classification
of ranks | ||||||
| 22 | of persons subject to its jurisdiction and shall set standards
| ||||||
| 23 | and qualifications for each rank. Each Illinois State Police | ||||||
| 24 | officer
appointed by the Director shall be classified as a | ||||||
| 25 | State Police officer
as follows: trooper, sergeant, master | ||||||
| |||||||
| |||||||
| 1 | sergeant, lieutenant,
captain,
major, or Special
Agent.
| ||||||
| 2 | (b) The Board shall publish all standards and | ||||||
| 3 | qualifications for each rank, including Cadet, on its website. | ||||||
| 4 | This shall include, but not be limited to, all physical | ||||||
| 5 | fitness, medical, visual, and hearing standards. The Illinois | ||||||
| 6 | State Police shall cooperate with the Board by providing any | ||||||
| 7 | necessary information to complete this requirement. | ||||||
| 8 | (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
| 9 | revised 10-4-21.)
| ||||||
| 10 | (20 ILCS 2610/9) (from Ch. 121, par. 307.9)
| ||||||
| 11 | Sec. 9. Appointment; qualifications.
| ||||||
| 12 | (a) Except as otherwise provided in this Section, the | ||||||
| 13 | appointment of
Illinois State Police officers shall be made | ||||||
| 14 | from those applicants who
have been certified by the Board as | ||||||
| 15 | being qualified for appointment. All
persons so appointed | ||||||
| 16 | shall, at the time of their appointment, be not less than
21 | ||||||
| 17 | years of age, or 20 years of age and have successfully | ||||||
| 18 | completed an associate's degree or 60 credit hours at an | ||||||
| 19 | accredited college or university. Any person
appointed | ||||||
| 20 | subsequent to successful completion of an associate's degree | ||||||
| 21 | or 60 credit hours at an accredited college or university | ||||||
| 22 | shall not have power of arrest, nor shall he or she be | ||||||
| 23 | permitted
to carry firearms, until he or she reaches 21 years | ||||||
| 24 | of age. In addition,
all persons so certified for appointment | ||||||
| 25 | shall be of sound mind and body, be of
good moral character, be | ||||||
| |||||||
| |||||||
| 1 | citizens of the United States, have no criminal
records, | ||||||
| 2 | possess such prerequisites of training, education, and | ||||||
| 3 | experience as
the Board may from time to time prescribe so long | ||||||
| 4 | as persons who have an associate's degree or 60 credit hours at | ||||||
| 5 | an accredited college or university are not disqualified, and | ||||||
| 6 | shall be required to pass
successfully such mental and | ||||||
| 7 | physical tests and examinations as may be
prescribed by the | ||||||
| 8 | Board. All persons who meet one of the following requirements | ||||||
| 9 | are deemed to have met the collegiate educational | ||||||
| 10 | requirements: | ||||||
| 11 | (i) have been honorably discharged and who have been | ||||||
| 12 | awarded a Southwest Asia Service Medal, Kosovo Campaign | ||||||
| 13 | Medal, Korean Defense Service Medal, Afghanistan Campaign | ||||||
| 14 | Medal, Iraq Campaign Medal, or Global War on Terrorism | ||||||
| 15 | Expeditionary Medal by the United States Armed Forces; | ||||||
| 16 | (ii) are active members of the Illinois National Guard | ||||||
| 17 | or a reserve component of the United States Armed Forces | ||||||
| 18 | and who have been awarded a Southwest Asia Service Medal, | ||||||
| 19 | Kosovo Campaign Medal, Korean Defense Service Medal, | ||||||
| 20 | Afghanistan Campaign Medal, Iraq Campaign Medal, or Global | ||||||
| 21 | War on Terrorism Expeditionary Medal as a result of | ||||||
| 22 | honorable service during deployment on active duty; | ||||||
| 23 | (iii) have been honorably discharged who served in a | ||||||
| 24 | combat mission by proof of hostile fire pay or imminent | ||||||
| 25 | danger pay during deployment on active duty; or | ||||||
| 26 | (iv) have at least 3 years of full active and | ||||||
| |||||||
| |||||||
| 1 | continuous military duty and received an honorable | ||||||
| 2 | discharge before hiring. | ||||||
| 3 | Preference shall be given in such appointments to
persons | ||||||
| 4 | who have honorably served in the military or naval services of | ||||||
| 5 | the
United States. All appointees shall serve a probationary | ||||||
| 6 | period of 12 months
from the date of appointment and during | ||||||
| 7 | that period may be discharged at the
will of the Director. | ||||||
| 8 | However, the Director may in his or her sole discretion
extend | ||||||
| 9 | the probationary period of an officer up to an additional 6 | ||||||
| 10 | months when
to do so is deemed in the best interest of the | ||||||
| 11 | Illinois State Police. Nothing in this subsection (a) limits | ||||||
| 12 | the Board's ability to prescribe education prerequisites or | ||||||
| 13 | requirements to certify Illinois State Police officers for | ||||||
| 14 | promotion as provided in Section 10 of this Act.
| ||||||
| 15 | (b) Notwithstanding the other provisions of this Act, | ||||||
| 16 | after July 1,
1977 and before July 1, 1980, the Director of | ||||||
| 17 | State Police may appoint and
promote not more than 20 persons | ||||||
| 18 | having special qualifications as special
agents as he or she | ||||||
| 19 | deems necessary to carry out the Department's objectives. Any
| ||||||
| 20 | such appointment or promotion shall be ratified by the Board.
| ||||||
| 21 | (c) During the 90 days following March 31, 1995 (the | ||||||
| 22 | effective date of Public Act 89-9) this amendatory Act
of | ||||||
| 23 | 1995, the Director of State Police may appoint up to 25 persons | ||||||
| 24 | as State
Police officers. These appointments shall be made in | ||||||
| 25 | accordance with the
requirements of this subsection (c) and | ||||||
| 26 | any additional criteria that may be
established by the | ||||||
| |||||||
| |||||||
| 1 | Director, but are not subject to any other requirements of
| ||||||
| 2 | this Act. The Director may specify the initial rank for each | ||||||
| 3 | person appointed
under this subsection.
| ||||||
| 4 | All appointments under this subsection (c) shall be made | ||||||
| 5 | from personnel
certified by the Board. A person certified by | ||||||
| 6 | the Board and appointed by the
Director under this subsection | ||||||
| 7 | must have been employed by the Illinois Commerce
Commission on | ||||||
| 8 | November 30, 1994 in a job title
subject to the Personnel Code | ||||||
| 9 | and in a position for which the person was
eligible to earn | ||||||
| 10 | "eligible creditable service" as a "noncovered employee", as
| ||||||
| 11 | those terms are defined in Article 14 of the Illinois Pension | ||||||
| 12 | Code.
| ||||||
| 13 | Persons appointed under this subsection (c) shall | ||||||
| 14 | thereafter be subject to
the same requirements and procedures | ||||||
| 15 | as other State police officers. A person
appointed under this | ||||||
| 16 | subsection must serve a probationary period of 12 months
from | ||||||
| 17 | the date of appointment, during which he or she may be | ||||||
| 18 | discharged at the
will of the Director.
| ||||||
| 19 | This subsection (c) does not affect or limit the | ||||||
| 20 | Director's authority to
appoint other State Police officers | ||||||
| 21 | under subsection (a) of this Section. | ||||||
| 22 | (d) During the 180 days following the effective date of | ||||||
| 23 | this amendatory Act of the 101st General Assembly, the | ||||||
| 24 | Director of the Illinois State Police may appoint current | ||||||
| 25 | Illinois State Police Employees serving in law enforcement | ||||||
| 26 | officer positions previously within Central Management | ||||||
| |||||||
| |||||||
| 1 | Services as State Police Officers. These appointments shall be | ||||||
| 2 | made in accordance with the requirements of this subsection | ||||||
| 3 | (d) and any institutional criteria that may be established by | ||||||
| 4 | the Director, but are not subject to any other requirements of | ||||||
| 5 | this Act.
All appointments under this subsection (d) shall be | ||||||
| 6 | made from personnel certified by the Board. A person certified | ||||||
| 7 | by the Board and appointed by the Director under this | ||||||
| 8 | subsection must have been employed by the a state agency, | ||||||
| 9 | board, or commission on January 1, 2021, in a job title subject | ||||||
| 10 | to the Personnel Code and in a position for which the person | ||||||
| 11 | was eligible to earn "eligible creditable service" as a | ||||||
| 12 | "noncovered employee", as those terms are defined in Article | ||||||
| 13 | 14 of the Illinois Pension Code.
Persons appointed under this | ||||||
| 14 | subsection (d) shall thereafter be subject to the same | ||||||
| 15 | requirements, and subject to the same contractual benefits and | ||||||
| 16 | obligations, as other State police officers.
This subsection | ||||||
| 17 | (d) does not affect or limit the Director's authority to | ||||||
| 18 | appoint other State Police officers under subsection (a) of | ||||||
| 19 | this Section. | ||||||
| 20 | (e) The Merit Board shall review Illinois State Police | ||||||
| 21 | Cadet applicants. The Illinois State Police may provide | ||||||
| 22 | background check and investigation material to the Board for | ||||||
| 23 | their review
10
pursuant to this section. The Board shall | ||||||
| 24 | approve and ensure that no cadet applicant is certified unless | ||||||
| 25 | the applicant is a person of good character and has not been | ||||||
| 26 | convicted of, or entered a plea of guilty to, a felony offense, | ||||||
| |||||||
| |||||||
| 1 | any of the misdemeanors in Section or if committed in any other | ||||||
| 2 | state would be an offense similar to 11-1.50, 11-6, 11-6.5, | ||||||
| 3 | 11-6.6, 11-9.1, 11-14, 11-14.1, 11-30, 12-2, 12- 3.2, 12-3.5, | ||||||
| 4 | 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any | ||||||
| 5 | misdemeanor in violation of any section of Part E of Title III | ||||||
| 6 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 7 | 32-4a, or 32-7 of the Criminal Code of 1961 or the Criminal | ||||||
| 8 | Code of 2012, or subsection (a) of Section 17-32 of the | ||||||
| 9 | Criminal Code of 1961 or the Criminal Code of 2012, to Section | ||||||
| 10 | 5 or 5.2 of the Cannabis Control Act, or any felony or | ||||||
| 11 | misdemeanor in violation of federal law or the law of any state | ||||||
| 12 | that is the equivalent of any of the offenses specified | ||||||
| 13 | therein. The Officer Misconduct Database, provided in Section | ||||||
| 14 | 9.2 of the Illinois Police Training Act, shall be searched as | ||||||
| 15 | part of this process. For purposes of this Section "convicted | ||||||
| 16 | of, or entered a plea of guilty" regardless of whether the | ||||||
| 17 | adjudication of guilt or sentence is withheld or not entered | ||||||
| 18 | thereon. This includes sentences of supervision, conditional | ||||||
| 19 | discharge, or first offender probation, or any similar | ||||||
| 20 | disposition provided for by law. | ||||||
| 21 | (f) The Board shall by rule establish an application fee | ||||||
| 22 | waiver program for any person who meets one or more of the | ||||||
| 23 | following criteria: | ||||||
| 24 | (1) his or her available personal income is 200% or | ||||||
| 25 | less of the current poverty level; or | ||||||
| 26 | (2) he or she is, in the discretion of the Board, | ||||||
| |||||||
| |||||||
| 1 | unable to proceed in an action with payment of application | ||||||
| 2 | fee and payment of that fee would result in substantial | ||||||
| 3 | hardship to the person or the person's family.
| ||||||
| 4 | (Source: P.A. 101-374, eff. 1-1-20; 101-652, eff. 1-1-22; | ||||||
| 5 | 102-538, eff 8-20-21; revised 10-4-21.)
| ||||||
| 6 | (20 ILCS 2610/6.5 rep.) | ||||||
| 7 | (20 ILCS 2610/11.5 rep.) | ||||||
| 8 | (20 ILCS 2610/11.6 rep.) | ||||||
| 9 | (20 ILCS 2610/12.6 rep.) | ||||||
| 10 | (20 ILCS 2610/12.7 rep.) | ||||||
| 11 | (20 ILCS 2610/40.1 rep.) | ||||||
| 12 | (20 ILCS 2610/46 rep.) | ||||||
| 13 | Section 370. The State Police Act is amended by repealing | ||||||
| 14 | Sections 6.5, 11.5, 11.6, 12.6, 12.7, 40.1, and 46.
| ||||||
| 15 | Section 375. The Illinois Police Training Act is amended | ||||||
| 16 | by changing Sections 2, 3, 6, 6.1, 7, 7.5, 8, 8.1, 8.2, 9, 10, | ||||||
| 17 | 10.1, 10.2, 10.3, 10.7, 10.11, 10.12, 10.13, 10.16, 10.18, | ||||||
| 18 | 10.19, 10.20, and 10.22 as follows:
| ||||||
| 19 | (50 ILCS 705/2) (from Ch. 85, par. 502)
| ||||||
| 20 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
| 21 | context otherwise
requires:
| ||||||
| 22 | "Board" means the Illinois Law Enforcement Training | ||||||
| 23 | Standards Board.
| ||||||
| |||||||
| |||||||
| 1 | "Full-time law enforcement officer" means a law | ||||||
| 2 | enforcement officer who has completed the officer's | ||||||
| 3 | probationary period and is employed on a full-time basis as a | ||||||
| 4 | law enforcement officer by a local government agency, State | ||||||
| 5 | government agency, or as a campus police officer by a | ||||||
| 6 | participating State-controlled university, college, or public | ||||||
| 7 | community college. | ||||||
| 8 | "Governmental agency" means any local governmental agency | ||||||
| 9 | and any State governmental agency. | ||||||
| 10 | "Local governmental agency" means any local governmental | ||||||
| 11 | unit or
municipal corporation in this State. It does not | ||||||
| 12 | 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 governmental agency" means any governmental unit of | ||||||
| 17 | this State. This includes any office, officer, department, | ||||||
| 18 | division, bureau, board, commission, or agency of the State. | ||||||
| 19 | It does not include the Illinois State Police as defined in the | ||||||
| 20 | State Police Act. | ||||||
| 21 | "Panel" means the Certification Review Panel. | ||||||
| 22 | "Police training school" means any school located within | ||||||
| 23 | the State of
Illinois whether privately or publicly owned | ||||||
| 24 | which offers a course in
police or county corrections training | ||||||
| 25 | and has been approved by the Board.
| ||||||
| 26 | "Probationary police officer" means a recruit law | ||||||
| |||||||
| |||||||
| 1 | enforcement officer
required to successfully complete initial | ||||||
| 2 | minimum basic training requirements
at a police training | ||||||
| 3 | school to be eligible for permanent full-time
employment as a | ||||||
| 4 | local 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 police officer" means a law | ||||||
| 11 | enforcement officer who has
completed the officer's his or her | ||||||
| 12 | probationary period and is permanently employed on a
full-time | ||||||
| 13 | basis as a local law enforcement officer by a participating | ||||||
| 14 | local
governmental unit or as a security officer or campus | ||||||
| 15 | police officer policeman permanently
employed by a | ||||||
| 16 | participating State-controlled university, college, or public
| ||||||
| 17 | community college.
| ||||||
| 18 | "Part-time law enforcement police officer" means a law | ||||||
| 19 | enforcement officer who has
completed the officer's his or her | ||||||
| 20 | probationary period and is employed on a part-time basis
as a | ||||||
| 21 | law enforcement officer by a participating unit of local | ||||||
| 22 | government or as
a campus police officer policeman by a | ||||||
| 23 | participating State-controlled university, college, or
public | ||||||
| 24 | community college.
| ||||||
| 25 | "Law enforcement officer" means (i) any police officer of | ||||||
| 26 | a local governmental
agency who is primarily responsible for
| ||||||
| |||||||
| |||||||
| 1 | prevention or detection of crime and the enforcement of the | ||||||
| 2 | criminal code,
traffic, or highway laws of this State or any | ||||||
| 3 | political subdivision
of this State or (ii) any member of a | ||||||
| 4 | police force appointed and maintained as provided in Section 2 | ||||||
| 5 | of the Railroad Police Act.
| ||||||
| 6 | "Recruit" means any full-time or part-time law
enforcement | ||||||
| 7 | officer or
full-time
county corrections officer who is | ||||||
| 8 | enrolled in an
approved training course.
| ||||||
| 9 | "Probationary county corrections officer" means a recruit | ||||||
| 10 | county
corrections officer required to successfully complete | ||||||
| 11 | initial minimum basic
training requirements at a police | ||||||
| 12 | training school to be eligible for permanent
employment on a | ||||||
| 13 | full-time basis as a county corrections officer.
| ||||||
| 14 | "Permanent county corrections officer" means a county | ||||||
| 15 | corrections
officer who has completed the officer's his | ||||||
| 16 | probationary period and is permanently employed
on a full-time | ||||||
| 17 | basis as a county corrections officer by a participating
local | ||||||
| 18 | governmental unit.
| ||||||
| 19 | "County corrections officer" means any sworn
officer of | ||||||
| 20 | the sheriff who is primarily responsible for the control and | ||||||
| 21 | custody
of offenders, detainees or inmates.
| ||||||
| 22 | "Probationary court security officer" means a recruit | ||||||
| 23 | court security
officer required to successfully complete | ||||||
| 24 | initial minimum basic training
requirements at a designated | ||||||
| 25 | training school to be eligible for employment as a
court | ||||||
| 26 | security officer.
| ||||||
| |||||||
| |||||||
| 1 | "Permanent court security officer" means a court security | ||||||
| 2 | officer who has
completed the officer's his or her | ||||||
| 3 | probationary period and is employed as a court
security | ||||||
| 4 | officer by a participating local governmental unit.
| ||||||
| 5 | "Court security officer" has the meaning ascribed to it in | ||||||
| 6 | Section 3-6012.1
of the Counties Code.
| ||||||
| 7 | (Source: P.A. 94-846, eff. 1-1-07; 101-652.)
| ||||||
| 8 | (50 ILCS 705/3) (from Ch. 85, par. 503)
| ||||||
| 9 | Sec. 3. Board; composition; appointments; tenure; | ||||||
| 10 | vacancies. 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 | ||||||
| |||||||
| |||||||
| 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 | (b) When a Board member may have an actual, perceived, or | ||||||
| 16 | potential conflict of interest or appearance of bias that | ||||||
| 17 | could prevent the Board member from making a fair and | ||||||
| 18 | impartial decision regarding decertification: | ||||||
| 19 | (1) The Board member shall recuse himself or herself. | ||||||
| 20 | (2) If the Board member fails to recuse himself or | ||||||
| 21 | herself, then the Board may, by a simple majority of the | ||||||
| 22 | remaining members, vote to recuse the Board member. Board | ||||||
| 23 | members who are found to have voted on a matter in which | ||||||
| 24 | they should have recused themselves may be removed from | ||||||
| 25 | the Board by the Governor. | ||||||
| 26 | A conflict of interest or appearance of bias may include, | ||||||
| |||||||
| |||||||
| 1 | but is not limited to, matters where one of the following is a | ||||||
| 2 | party to a decision on a decertification or formal complaint: | ||||||
| 3 | someone with whom the member has an employment relationship; | ||||||
| 4 | any of the following relatives: spouse, parents, children, | ||||||
| 5 | adopted children, legal wards, stepchildren, step parents, | ||||||
| 6 | step siblings, half siblings, siblings, parents-in-law, | ||||||
| 7 | siblings-in-law, children-in-law, aunts, uncles, nieces, and | ||||||
| 8 | nephews; a friend; or a member of a professional organization, | ||||||
| 9 | association, or a union in which the member now actively | ||||||
| 10 | serves. | ||||||
| 11 | (c) A vacancy in members does not prevent a quorum of the | ||||||
| 12 | remaining sitting members from exercising all rights and | ||||||
| 13 | performing all duties of the Board. | ||||||
| 14 | (d) An individual serving on the Board shall not also | ||||||
| 15 | serve on the Panel.
| ||||||
| 16 | (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
| 17 | revised 10-13-21.)
| ||||||
| 18 | (50 ILCS 705/6) (from Ch. 85, par. 506)
| ||||||
| 19 | Sec. 6. Powers and duties of the Board; selection and | ||||||
| 20 | certification of schools. The Board shall select
and certify | ||||||
| 21 | schools within the State of
Illinois for the purpose of | ||||||
| 22 | providing basic training for probationary
police officers, | ||||||
| 23 | probationary county corrections officers, and
court security | ||||||
| 24 | officers and
of providing advanced or in-service training for | ||||||
| 25 | permanent police officers
or permanent
county corrections | ||||||
| |||||||
| |||||||
| 1 | officers, which schools may be either publicly or
privately | ||||||
| 2 | owned and operated. In addition, the Board has the following
| ||||||
| 3 | power and duties:
| ||||||
| 4 | a. To require local governmental units to furnish such | ||||||
| 5 | reports and
information as the Board deems necessary to | ||||||
| 6 | fully implement this Act.
| ||||||
| 7 | b. To establish appropriate mandatory minimum | ||||||
| 8 | standards
relating to the training of probationary local | ||||||
| 9 | law enforcement officers
or probationary county | ||||||
| 10 | corrections officers, and in-service training of permanent | ||||||
| 11 | police officers.
| ||||||
| 12 | c. To provide appropriate certification to those | ||||||
| 13 | probationary
officers who successfully complete the | ||||||
| 14 | prescribed minimum standard basic
training course.
| ||||||
| 15 | d. To review and approve annual training curriculum | ||||||
| 16 | for county sheriffs.
| ||||||
| 17 | e. To review and approve applicants to ensure that no | ||||||
| 18 | applicant is admitted
to a certified academy unless the | ||||||
| 19 | applicant is a person of good character
and has not been | ||||||
| 20 | convicted of, or entered a plea of guilty to, a felony | ||||||
| 21 | offense, any of the
misdemeanors in Sections 11-1.50, | ||||||
| 22 | 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
| ||||||
| 23 | 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 | ||||||
| 24 | of the Criminal Code
of
1961 or the Criminal Code of 2012, | ||||||
| 25 | subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the | ||||||
| 26 | Criminal Code of 1961 or the Criminal Code of 2012, or | ||||||
| |||||||
| |||||||
| 1 | subsection (a) of Section 17-32 of the Criminal Code of | ||||||
| 2 | 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of | ||||||
| 3 | the Cannabis Control Act, or a crime involving
moral
| ||||||
| 4 | turpitude under the laws of this State or any other state | ||||||
| 5 | which if
committed in this State would be punishable as a | ||||||
| 6 | felony or a crime of
moral turpitude. The Board may | ||||||
| 7 | appoint investigators who shall enforce
the duties | ||||||
| 8 | conferred upon the Board by this Act.
| ||||||
| 9 | f. To establish statewide standards for minimum | ||||||
| 10 | standards regarding regular mental health screenings for | ||||||
| 11 | probationary and permanent police officers, ensuring that | ||||||
| 12 | counseling sessions and screenings remain confidential. | ||||||
| 13 | (Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10, | ||||||
| 14 | Section 10-143, eff. 7-1-21.)
| ||||||
| 15 | (Text of Section after amendment by P.A. 101-652, Article | ||||||
| 16 | 25, Section 25-40)
| ||||||
| 17 | Sec. 6. Powers and duties of the Board; selection and | ||||||
| 18 | certification of schools. The Board shall select
and certify | ||||||
| 19 | schools within the State of
Illinois for the purpose of | ||||||
| 20 | providing basic training for probationary law enforcement
| ||||||
| 21 | police officers, probationary county corrections officers, and
| ||||||
| 22 | court security officers and
of providing advanced or | ||||||
| 23 | in-service training for permanent law enforcement police | ||||||
| 24 | officers
or permanent
county corrections officers, which | ||||||
| 25 | schools may be either publicly or
privately owned and | ||||||
| |||||||
| |||||||
| 1 | operated. In addition, the Board has the following
power and | ||||||
| 2 | duties:
| ||||||
| 3 | a. To require local governmental units, to furnish | ||||||
| 4 | such reports and
information as the Board deems necessary | ||||||
| 5 | to fully implement this Act.
| ||||||
| 6 | b. To establish appropriate mandatory minimum | ||||||
| 7 | standards
relating to the training of probationary local | ||||||
| 8 | law enforcement police officers
or probationary county | ||||||
| 9 | corrections officers, and in-service training of permanent | ||||||
| 10 | law enforcement officers.
| ||||||
| 11 | c. To provide appropriate certification to those | ||||||
| 12 | probationary
officers who successfully complete the | ||||||
| 13 | prescribed minimum standard basic
training course.
| ||||||
| 14 | d. To review and approve annual training curriculum | ||||||
| 15 | for county sheriffs.
| ||||||
| 16 | e. To review and approve applicants to ensure that no | ||||||
| 17 | applicant is admitted
to a certified academy unless the | ||||||
| 18 | applicant is a person of good character
and has not been | ||||||
| 19 | convicted of, found guilty of, or entered a plea of guilty | ||||||
| 20 | to, or entered a plea of nolo contendere to a felony | ||||||
| 21 | offense, any of the
misdemeanors in Sections 11-1.50, | ||||||
| 22 | 11-6, 11-6.5, 11-6.6, 11-9.1, 11-14, 11-14.1, 11-30, | ||||||
| 23 | 11-17, 11-19, 12-2, 12-3.2, 12-3.5, 12-15, 16-1,
17-1, | ||||||
| 24 | 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor | ||||||
| 25 | in violation of any Section of Part E of Title III of the | ||||||
| 26 | Criminal Code of 1961 or the Criminal Code of 2012, 31-1, | ||||||
| |||||||
| |||||||
| 1 | 31-6, 31-7, 32-4a, or 32-7 of the Criminal Code
of
1961 or | ||||||
| 2 | the Criminal Code of 2012, subdivision (a)(1) or (a)(2)(C) | ||||||
| 3 | of Section 11-14.3 of the Criminal Code of 1961 or the | ||||||
| 4 | Criminal Code of 2012, or subsection (a) of Section 17-32 | ||||||
| 5 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 6 | or Section 5 or 5.2 of the Cannabis Control Act, or a crime | ||||||
| 7 | involving
moral
turpitude under the laws of this State or | ||||||
| 8 | any other state which if
committed in this State would be | ||||||
| 9 | punishable as a felony or a crime of
moral turpitude, or | ||||||
| 10 | any felony or misdemeanor in violation of federal law or | ||||||
| 11 | the law of any state that is the equivalent of any of the | ||||||
| 12 | offenses specified therein. The Board may appoint | ||||||
| 13 | investigators who shall enforce
the duties conferred upon | ||||||
| 14 | the Board by this Act.
| ||||||
| 15 | For purposes of this paragraph e, a person is | ||||||
| 16 | considered to have been convicted of, found guilty of, or | ||||||
| 17 | entered a plea of guilty to, plea of nolo contendere to | ||||||
| 18 | regardless of whether the adjudication of guilt or | ||||||
| 19 | sentence is withheld or not entered thereon. This includes | ||||||
| 20 | sentences of supervision, conditional discharge, or first | ||||||
| 21 | offender probation, or any similar disposition provided | ||||||
| 22 | for by law. | ||||||
| 23 | f. To establish statewide standards for minimum | ||||||
| 24 | standards regarding regular mental health screenings for | ||||||
| 25 | probationary and permanent police officers, ensuring that | ||||||
| 26 | counseling sessions and screenings remain confidential. | ||||||
| |||||||
| |||||||
| 1 | f. For purposes of this paragraph (e), a person is | ||||||
| 2 | considered to have been "convicted of, found guilty of, or | ||||||
| 3 | entered a plea of guilty to, plea of nolo contendere to" | ||||||
| 4 | regardless of whether the adjudication of guilt or | ||||||
| 5 | sentence is withheld or not entered thereon. This includes | ||||||
| 6 | sentences of supervision, conditional discharge, or first | ||||||
| 7 | offender probation, or any similar disposition provided | ||||||
| 8 | for by law. | ||||||
| 9 | g. To review and ensure all law enforcement officers | ||||||
| 10 | remain in compliance with this Act, and any administrative | ||||||
| 11 | rules adopted under this Act. | ||||||
| 12 | h. To suspend any certificate for a definite period, | ||||||
| 13 | limit or restrict any certificate, or revoke any | ||||||
| 14 | certificate. | ||||||
| 15 | i. The Board and the Panel shall have power to secure | ||||||
| 16 | by its subpoena and bring before it any person or entity in | ||||||
| 17 | this State and to take testimony either orally or by | ||||||
| 18 | deposition or both with the same fees and mileage and in | ||||||
| 19 | the same manner as prescribed by law in judicial | ||||||
| 20 | proceedings in civil cases in circuit courts of this | ||||||
| 21 | State. The Board and the Panel shall also have the power to | ||||||
| 22 | subpoena the production of documents, papers, files, | ||||||
| 23 | books, documents, and records, whether in physical or | ||||||
| 24 | electronic form, in support of the charges and for | ||||||
| 25 | defense, and in connection with a hearing or | ||||||
| 26 | investigation. | ||||||
| |||||||
| |||||||
| 1 | j. The Executive Director, the administrative law | ||||||
| 2 | judge designated by the Executive Director, and each | ||||||
| 3 | member of the Board and the Panel shall have the power to | ||||||
| 4 | administer oaths to witnesses at any hearing that the | ||||||
| 5 | Board is authorized to conduct under this Act and any | ||||||
| 6 | other oaths required or authorized to be administered by | ||||||
| 7 | the Board under this Act. | ||||||
| 8 | k. In case of the neglect or refusal of any person to | ||||||
| 9 | obey a subpoena issued by the Board and the Panel, any | ||||||
| 10 | circuit court, upon application of the Board and the | ||||||
| 11 | Panel, through the Illinois Attorney General, may order | ||||||
| 12 | such person to appear before the Board and the Panel give | ||||||
| 13 | testimony or produce evidence, and any failure to obey | ||||||
| 14 | such order is punishable by the court as a contempt | ||||||
| 15 | thereof. This order may be served by personal delivery, by | ||||||
| 16 | email, or by mail to the address of record or email address | ||||||
| 17 | of record. | ||||||
| 18 | l. The Board shall have the power to administer state | ||||||
| 19 | certification examinations. Any and all records related to | ||||||
| 20 | these examinations, including but not limited to test | ||||||
| 21 | questions, test formats, digital files, answer responses, | ||||||
| 22 | answer keys, and scoring information shall be exempt from | ||||||
| 23 | disclosure. | ||||||
| 24 | (Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10, | ||||||
| 25 | Section 10-143, eff. 7-1-21; 101-652, Article 25, Section | ||||||
| 26 | 25-40, eff. 1-1-22; revised 4-26-21.)
| ||||||
| |||||||
| |||||||
| 1 | (50 ILCS 705/6.1)
| ||||||
| 2 | Sec. 6.1. Automatic decertification of full-time and | ||||||
| 3 | part-time law enforcement police officers.
| ||||||
| 4 | (a) The Board must review law enforcement police officer | ||||||
| 5 | conduct and records to ensure that
no law enforcement
police | ||||||
| 6 | officer is certified
or provided a valid waiver if that law | ||||||
| 7 | enforcement police officer has been convicted of, found guilty | ||||||
| 8 | of, or entered a plea of guilty to, or entered a plea of nolo | ||||||
| 9 | contendere to, a
felony offense under the laws of this
State or | ||||||
| 10 | any other state which if committed in this State would be | ||||||
| 11 | punishable
as a felony. The Board must also
ensure that no law | ||||||
| 12 | enforcement or officer is certified or provided a valid waiver | ||||||
| 13 | if that law enforcement
police officer has been convicted of, | ||||||
| 14 | found guilty of, or entered a plea of guilty to, on or
after | ||||||
| 15 | the effective date of this amendatory Act of the 101st General | ||||||
| 16 | Assembly 1999 of any misdemeanor
specified in this Section or | ||||||
| 17 | if
committed in any other state would be an offense similar to | ||||||
| 18 | Section 11-1.50, 11-6, 11-6.5, 11-6.6,
11-9.1, 11-14, 11-14.1, | ||||||
| 19 | 11-17, 11-19, 11-30, 12-2, 12-3.2, 12-3.5, 12-15, 16-1, 17-1, | ||||||
| 20 | 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in | ||||||
| 21 | violation of any Section of Part E of Title III of the Criminal | ||||||
| 22 | Code of 1961 or the Criminal Code of 2012 31-1,
31-6, 31-7, | ||||||
| 23 | 32-4a, or 32-7 of the
Criminal
Code of 1961 or the Criminal | ||||||
| 24 | Code of 2012, to subdivision (a)(1) or (a)(2)(C) of Section | ||||||
| 25 | 11-14.3 of the Criminal Code of 1961 or the Criminal Code of | ||||||
| |||||||
| |||||||
| 1 | 2012, or subsection (a) of Section 17-32 of the Criminal Code | ||||||
| 2 | of 1961 or the Criminal Code of 2012, or to Section 5 or
5.2 of | ||||||
| 3 | the Cannabis Control Act, or any felony or misdemeanor in | ||||||
| 4 | violation of federal law or the law of any state that is the | ||||||
| 5 | equivalent of any of the offenses specified therein. The Board | ||||||
| 6 | must appoint investigators to
enforce the duties conferred | ||||||
| 7 | upon the
Board by this Act.
| ||||||
| 8 | (a-1) For purposes of this Section, a person is "convicted | ||||||
| 9 | of, or entered a plea of guilty to, plea of nolo contendere to, | ||||||
| 10 | found guilty of" regardless of whether the adjudication of | ||||||
| 11 | guilt or sentence is withheld or not entered thereon. This | ||||||
| 12 | includes sentences of supervision, conditional discharge, or | ||||||
| 13 | first offender probation, or any similar disposition provided | ||||||
| 14 | for by law. | ||||||
| 15 | (b) It is the responsibility of the sheriff or the chief | ||||||
| 16 | executive officer
of every governmental
local law enforcement | ||||||
| 17 | agency or department within this State to report to the Board | ||||||
| 18 | any arrest,
conviction, finding of guilt, or plea of guilty, | ||||||
| 19 | or plea of nolo contendere to, of any officer for an
offense | ||||||
| 20 | identified in this Section, regardless of whether the | ||||||
| 21 | adjudication of guilt or sentence is withheld or not entered | ||||||
| 22 | thereon, this includes sentences of supervision, conditional | ||||||
| 23 | discharge, or first offender probation.
| ||||||
| 24 | (c) It is the duty and responsibility of every full-time | ||||||
| 25 | and part-time law enforcement
police officer in this State to | ||||||
| 26 | report to
the Board within 14 30 days, and the officer's | ||||||
| |||||||
| |||||||
| 1 | sheriff or chief executive officer,
of the officer's his or | ||||||
| 2 | her arrest, conviction, found guilty of, or plea of guilty for
| ||||||
| 3 | an offense identified in this Section. Any full-time or | ||||||
| 4 | part-time law enforcement
police officer who knowingly makes, | ||||||
| 5 | submits,
causes to be submitted, or files a false or | ||||||
| 6 | untruthful report to the Board must
have the officer's his or | ||||||
| 7 | her certificate or waiver
immediately decertified or revoked.
| ||||||
| 8 | (d) Any person, or a local or State agency, or the Board is | ||||||
| 9 | immune from
liability for submitting,
disclosing, or releasing | ||||||
| 10 | information of arrests, convictions, or pleas of guilty in | ||||||
| 11 | this Section
as long as the information is
submitted, | ||||||
| 12 | disclosed, or released in good faith and without malice. The | ||||||
| 13 | Board
has qualified immunity for the
release of the | ||||||
| 14 | information.
| ||||||
| 15 | (e) Any full-time or part-time law enforcement police | ||||||
| 16 | officer with a certificate or waiver
issued by the Board who is
| ||||||
| 17 | convicted of, found guilty of, or entered a plea of guilty to, | ||||||
| 18 | or entered a plea of nolo contendere to any offense described | ||||||
| 19 | in this Section immediately becomes
decertified or no longer | ||||||
| 20 | has a valid
waiver. The decertification and invalidity of | ||||||
| 21 | waivers occurs as a matter of
law. Failure of a convicted | ||||||
| 22 | person to
report to the Board the officer's his or her | ||||||
| 23 | conviction as described in this Section or any
continued law | ||||||
| 24 | enforcement practice
after receiving a conviction is a Class 4 | ||||||
| 25 | felony.
| ||||||
| 26 | For purposes of this Section, a person is considered to | ||||||
| |||||||
| |||||||
| 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 are peace officers | ||||||
| 9 | and have all the powers
possessed by policemen in cities
and by | ||||||
| 10 | sheriff's, and these investigators may exercise those powers
| ||||||
| 11 | anywhere in the State.
An investigator shall not have peace | ||||||
| 12 | officer status or exercise police powers unless he or she | ||||||
| 13 | successfully completes the basic police training course | ||||||
| 14 | mandated and approved by the Board or the Board waives the | ||||||
| 15 | training requirement by reason of the investigator's prior law | ||||||
| 16 | enforcement experience, training, or both. The Board shall not | ||||||
| 17 | waive the training requirement unless the investigator has had | ||||||
| 18 | a minimum of 5 years experience as a sworn officer of a local, | ||||||
| 19 | State, or federal law enforcement agency. An investigator | ||||||
| 20 | shall not have been terminated for good cause, decertified, | ||||||
| 21 | had his or her law enforcement license or certificate revoked | ||||||
| 22 | in this or any other jurisdiction, or been convicted of any of | ||||||
| 23 | the conduct listed in subsection (a). Any complaint filed | ||||||
| 24 | against the Board's investigators shall be investigated by the | ||||||
| 25 | Illinois State Police.
| ||||||
| 26 | (g) The Board must request and receive information and | ||||||
| |||||||
| |||||||
| 1 | assistance from any
federal, state, or local
governmental | ||||||
| 2 | agency as part of the authorized criminal background
| ||||||
| 3 | investigation. The Illinois State Police must process, retain, | ||||||
| 4 | and
additionally
provide
and disseminate information to the | ||||||
| 5 | Board concerning criminal charges, arrests,
convictions, and | ||||||
| 6 | their disposition, that have
been filed before, on, or after | ||||||
| 7 | the effective date of this amendatory Act of
the 91st General | ||||||
| 8 | Assembly against a basic academy applicant, law enforcement
| ||||||
| 9 | applicant, or law enforcement officer whose fingerprint | ||||||
| 10 | identification cards
are on file or maintained by the Illinois | ||||||
| 11 | State Police. The Federal
Bureau
of
Investigation must provide | ||||||
| 12 | the Board any criminal history record information
contained in | ||||||
| 13 | its files pertaining to law
enforcement officers or any | ||||||
| 14 | applicant to a Board certified basic law
enforcement academy | ||||||
| 15 | as described in this Act
based on fingerprint identification. | ||||||
| 16 | The Board must make payment of fees to the
Illinois State | ||||||
| 17 | Police for each
fingerprint card submission in conformance | ||||||
| 18 | with the requirements of paragraph
22 of Section 55a of the | ||||||
| 19 | Civil
Administrative Code of Illinois.
| ||||||
| 20 | (h) (Blank). A police officer who has been certified or | ||||||
| 21 | granted a valid waiver
shall
also be decertified or have his or | ||||||
| 22 | her waiver revoked upon a determination by
the Illinois Labor | ||||||
| 23 | Relations
Board State Panel
that
he or she, while under oath, | ||||||
| 24 | has knowingly and willfully made false statements
as
to a | ||||||
| 25 | material fact going to an element of the offense of murder. If | ||||||
| 26 | an appeal
is filed, the determination shall be stayed.
| ||||||
| |||||||
| |||||||
| 1 | (1) In the case of an acquittal on a charge of murder, | ||||||
| 2 | a verified
complaint may be filed:
| ||||||
| 3 | (A) by the defendant; or
| ||||||
| 4 | (B) by a police officer with personal knowledge of | ||||||
| 5 | perjured
testimony.
| ||||||
| 6 | The complaint must allege that a police officer, while | ||||||
| 7 | under oath, knowingly
and
willfully made false statements | ||||||
| 8 | as to a material fact going to an element of
the
offense of | ||||||
| 9 | murder. The verified complaint must be filed with the | ||||||
| 10 | Executive
Director of the Illinois Law Enforcement | ||||||
| 11 | Training Standards Board within 2
years of the judgment of | ||||||
| 12 | acquittal.
| ||||||
| 13 | (2) Within 30 days, the Executive Director of the | ||||||
| 14 | Illinois Law Enforcement
Training
Standards Board shall | ||||||
| 15 | review the verified complaint and determine whether the
| ||||||
| 16 | verified complaint is frivolous and without merit, or | ||||||
| 17 | whether further
investigation is
warranted. The Illinois | ||||||
| 18 | Law Enforcement Training Standards Board shall notify
the | ||||||
| 19 | officer and the Executive Director of the Illinois Labor | ||||||
| 20 | Relations Board
State Panel of the filing of the complaint | ||||||
| 21 | and any action taken thereon. If the
Executive Director of | ||||||
| 22 | the Illinois Law Enforcement Training
Standards Board | ||||||
| 23 | determines that the verified complaint is frivolous and | ||||||
| 24 | without
merit, it shall be dismissed. The Executive | ||||||
| 25 | Director of the Illinois Law
Enforcement Training | ||||||
| 26 | Standards Board has sole discretion to make this
| ||||||
| |||||||
| |||||||
| 1 | determination and this decision is not subject to appeal. | ||||||
| 2 | (i) (Blank). If the Executive Director of the Illinois Law | ||||||
| 3 | Enforcement Training
Standards Board determines that the | ||||||
| 4 | verified complaint warrants further
investigation, he or she | ||||||
| 5 | shall refer the matter to a task force of
investigators
| ||||||
| 6 | created for this purpose. This task force shall consist of 8 | ||||||
| 7 | sworn police
officers: 2
from the Illinois State Police, 2 | ||||||
| 8 | from the City of Chicago Police Department, 2
from county | ||||||
| 9 | police departments, and 2 from municipal police departments.
| ||||||
| 10 | These investigators shall have a minimum of 5 years of | ||||||
| 11 | experience in conducting
criminal investigations. The | ||||||
| 12 | investigators shall be appointed by the Executive
Director of | ||||||
| 13 | the Illinois Law Enforcement Training Standards Board. Any | ||||||
| 14 | officer
or officers acting in this capacity pursuant to this | ||||||
| 15 | statutory provision will
have
statewide police authority while | ||||||
| 16 | acting in this investigative capacity. Their
salaries
and | ||||||
| 17 | expenses for the time spent conducting investigations under | ||||||
| 18 | this paragraph
shall be reimbursed by the Illinois Law | ||||||
| 19 | Enforcement Training Standards Board.
| ||||||
| 20 | (j) (Blank).
Once the Executive Director of the Illinois | ||||||
| 21 | Law Enforcement Training
Standards Board has determined that | ||||||
| 22 | an investigation is warranted, the verified
complaint shall be | ||||||
| 23 | assigned to an investigator or investigators. The
investigator
| ||||||
| 24 | or investigators shall conduct an investigation of the | ||||||
| 25 | verified complaint and
shall
write a report of his or her | ||||||
| 26 | findings. This report shall be submitted to the
Executive | ||||||
| |||||||
| |||||||
| 1 | Director of the Illinois Labor Relations Board State Panel.
| ||||||
| 2 | Within 30 days, the Executive Director of the Illinois | ||||||
| 3 | Labor Relations Board
State Panel
shall review the | ||||||
| 4 | investigative report and determine whether sufficient evidence
| ||||||
| 5 | exists to
conduct an evidentiary hearing on the verified | ||||||
| 6 | complaint. If the Executive
Director of the Illinois Labor | ||||||
| 7 | Relations Board State Panel determines upon his
or
her review | ||||||
| 8 | of the investigatory report that a hearing should not be | ||||||
| 9 | conducted,
the
complaint shall be dismissed. This decision is | ||||||
| 10 | in the Executive Director's sole
discretion, and this | ||||||
| 11 | dismissal may not be appealed.
| ||||||
| 12 | If the Executive Director of the Illinois Labor Relations | ||||||
| 13 | Board
State Panel
determines that there is sufficient evidence | ||||||
| 14 | to warrant a hearing, a hearing
shall
be ordered on the | ||||||
| 15 | verified complaint, to be conducted by an administrative law
| ||||||
| 16 | judge employed by the Illinois Labor Relations Board State | ||||||
| 17 | Panel. The Executive
Director of the Illinois Labor Relations | ||||||
| 18 | Board State Panel shall inform the
Executive Director of the | ||||||
| 19 | Illinois Law Enforcement Training Standards Board and
the | ||||||
| 20 | person who filed the complaint of either the dismissal of the | ||||||
| 21 | complaint or
the
issuance of the complaint for hearing.
The | ||||||
| 22 | Executive Director shall assign the complaint to the
| ||||||
| 23 | administrative law judge within 30 days
of the
decision | ||||||
| 24 | granting a hearing.
| ||||||
| 25 | (k) (Blank). In the case of a finding of guilt on the | ||||||
| 26 | offense of murder, if a new
trial
is
granted on direct appeal, | ||||||
| |||||||
| |||||||
| 1 | or a state post-conviction evidentiary hearing is
ordered, | ||||||
| 2 | based on a claim that a police officer, under oath, knowingly | ||||||
| 3 | and
willfully made false statements as to a material fact | ||||||
| 4 | going to an element of
the
offense of murder, the Illinois | ||||||
| 5 | Labor Relations Board State Panel shall hold a
hearing
to
| ||||||
| 6 | determine whether the officer should be decertified if an | ||||||
| 7 | interested party
requests such a hearing within 2 years of the | ||||||
| 8 | court's decision. The complaint
shall be assigned to an | ||||||
| 9 | administrative law judge within 30 days so that a
hearing can | ||||||
| 10 | be scheduled.
| ||||||
| 11 | At the hearing, the accused officer shall be afforded the | ||||||
| 12 | opportunity to:
| ||||||
| 13 | (1) Be represented by counsel of his or her own | ||||||
| 14 | choosing;
| ||||||
| 15 | (2) Be heard in his or her own defense;
| ||||||
| 16 | (3) Produce evidence in his or her defense;
| ||||||
| 17 | (4) Request that the Illinois Labor Relations Board | ||||||
| 18 | State Panel compel the
attendance of witnesses and | ||||||
| 19 | production of related documents including but not
limited | ||||||
| 20 | to court documents and records.
| ||||||
| 21 | Once a case has been set for hearing, the verified | ||||||
| 22 | complaint shall be
referred to the Department of Professional | ||||||
| 23 | Regulation. That office shall
prosecute the verified complaint | ||||||
| 24 | at the hearing before the administrative law
judge. The | ||||||
| 25 | Department of Professional Regulation shall have the | ||||||
| 26 | opportunity to
produce evidence to support the verified | ||||||
| |||||||
| |||||||
| 1 | complaint and to request the Illinois
Labor
Relations Board | ||||||
| 2 | State Panel to compel the attendance of witnesses and the
| ||||||
| 3 | production of related documents, including, but not limited | ||||||
| 4 | to, court documents
and records. The Illinois Labor Relations | ||||||
| 5 | Board State Panel shall have the
power
to issue subpoenas | ||||||
| 6 | requiring the attendance of and testimony of witnesses and
the | ||||||
| 7 | production of related documents including, but not limited to, | ||||||
| 8 | court
documents and records and shall have the power to | ||||||
| 9 | administer oaths.
| ||||||
| 10 | The administrative law judge shall have the responsibility | ||||||
| 11 | of receiving into
evidence relevant testimony and documents, | ||||||
| 12 | including court records, to support
or disprove the | ||||||
| 13 | allegations made by the person filing the verified complaint
| ||||||
| 14 | and,
at the close of the case, hear arguments. If the | ||||||
| 15 | administrative law judge finds
that there is not clear and | ||||||
| 16 | convincing evidence to support the verified
complaint
that the | ||||||
| 17 | police officer has, while under oath, knowingly and willfully | ||||||
| 18 | made
false
statements as to a material fact going to an element | ||||||
| 19 | of the offense of murder,
the
administrative law judge shall | ||||||
| 20 | make a written recommendation of dismissal to
the
Illinois | ||||||
| 21 | Labor Relations Board State Panel. If the administrative law | ||||||
| 22 | judge
finds
that there is clear and convincing evidence that | ||||||
| 23 | the police officer has, while
under
oath, knowingly and | ||||||
| 24 | willfully made false statements as to a material fact that
| ||||||
| 25 | goes to an element of the offense of murder, the | ||||||
| 26 | administrative law judge shall
make a written recommendation | ||||||
| |||||||
| |||||||
| 1 | so concluding to the Illinois Labor Relations
Board State | ||||||
| 2 | Panel. The hearings shall be transcribed.
The Executive
| ||||||
| 3 | Director of the Illinois Law Enforcement Training Standards | ||||||
| 4 | Board shall be
informed of the
administrative law judge's | ||||||
| 5 | recommended findings and decision and the Illinois
Labor | ||||||
| 6 | Relations Board State Panel's subsequent review of the | ||||||
| 7 | recommendation.
| ||||||
| 8 | (l) (Blank).
An officer named in any complaint filed | ||||||
| 9 | pursuant to this Act shall be
indemnified for his or her | ||||||
| 10 | reasonable attorney's fees and costs by his or her
employer. | ||||||
| 11 | These fees shall be paid in a regular and timely manner. The | ||||||
| 12 | State,
upon application by the public employer, shall | ||||||
| 13 | reimburse the public employer
for
the accused officer's | ||||||
| 14 | reasonable attorney's fees and costs. At no time and
under
no | ||||||
| 15 | circumstances will the accused officer be required to pay his | ||||||
| 16 | or her own
reasonable attorney's fees or costs.
| ||||||
| 17 | (m) (Blank).
The accused officer shall not be placed on | ||||||
| 18 | unpaid status because of
the filing or processing of the | ||||||
| 19 | verified complaint until there is a final
non-appealable order | ||||||
| 20 | sustaining his or her guilt and his or her certification
is
| ||||||
| 21 | revoked.
Nothing in this Act, however, restricts the public | ||||||
| 22 | employer from pursuing
discipline against the officer in the | ||||||
| 23 | normal course and under procedures then
in
place.
| ||||||
| 24 | (n) (Blank). The Illinois Labor Relations Board State | ||||||
| 25 | Panel shall review the
administrative law judge's recommended | ||||||
| 26 | decision and order and determine by a
majority vote whether or | ||||||
| |||||||
| |||||||
| 1 | not there was clear and convincing evidence that the
accused | ||||||
| 2 | officer, while under oath, knowingly and willfully made false
| ||||||
| 3 | statements
as to a material fact going to the offense of | ||||||
| 4 | murder. Within 30 days of service
of
the administrative law | ||||||
| 5 | judge's recommended decision and order, the parties may
file | ||||||
| 6 | exceptions to the recommended decision and order and briefs in | ||||||
| 7 | support of
their exceptions with the Illinois Labor Relations | ||||||
| 8 | Board State Panel. The
parties
may file responses to the | ||||||
| 9 | exceptions and briefs in support of the responses no
later | ||||||
| 10 | than 15 days after the service of the exceptions. If | ||||||
| 11 | exceptions are filed
by
any of the parties, the Illinois Labor | ||||||
| 12 | Relations Board State Panel shall review
the
matter and make a | ||||||
| 13 | finding to uphold, vacate, or modify the recommended
decision | ||||||
| 14 | and order. If the Illinois Labor Relations Board State Panel | ||||||
| 15 | concludes
that there is clear and convincing evidence that the | ||||||
| 16 | accused officer, while
under
oath, knowingly and willfully | ||||||
| 17 | made false statements as to a material fact going
to
an element | ||||||
| 18 | of the offense murder, the Illinois Labor Relations Board | ||||||
| 19 | State
Panel
shall inform the Illinois Law Enforcement Training | ||||||
| 20 | Standards Board and the
Illinois Law Enforcement Training | ||||||
| 21 | Standards Board shall revoke the accused
officer's | ||||||
| 22 | certification. If the accused officer appeals that | ||||||
| 23 | determination to
the
Appellate Court, as provided by this Act, | ||||||
| 24 | he or she may petition the Appellate
Court to stay the | ||||||
| 25 | revocation of his or her certification pending the court's
| ||||||
| 26 | review
of the matter.
| ||||||
| |||||||
| |||||||
| 1 | (o) (Blank).
None of the Illinois Labor Relations Board | ||||||
| 2 | State Panel's findings or
determinations shall set any | ||||||
| 3 | precedent in any of its decisions decided pursuant
to the | ||||||
| 4 | Illinois Public Labor Relations Act by the Illinois Labor | ||||||
| 5 | Relations
Board
State
Panel or the courts.
| ||||||
| 6 | (p) (Blank). A party aggrieved by the final order of the | ||||||
| 7 | Illinois Labor Relations
Board State Panel may apply for and | ||||||
| 8 | obtain judicial review of an order of the
Illinois Labor | ||||||
| 9 | Relations Board State Panel, in accordance with the provisions
| ||||||
| 10 | of
the Administrative Review Law, except that such judicial | ||||||
| 11 | review shall be
afforded
directly in the Appellate Court for | ||||||
| 12 | the district in which the accused officer
resides.
Any direct | ||||||
| 13 | appeal to the Appellate Court shall be filed within 35 days | ||||||
| 14 | from the
date that a copy of the decision sought to be reviewed | ||||||
| 15 | was served upon the
party
affected by the decision.
| ||||||
| 16 | (q) (Blank).
Interested parties. Only interested parties | ||||||
| 17 | to the criminal prosecution
in
which the police officer | ||||||
| 18 | allegedly, while under oath, knowingly and willfully
made
| ||||||
| 19 | false statements as to a material fact going to an element of | ||||||
| 20 | the offense of
murder may file a verified complaint pursuant | ||||||
| 21 | to this Section. For purposes of
this Section, "interested | ||||||
| 22 | parties" shall be limited to the defendant and any
police
| ||||||
| 23 | officer who has personal knowledge that the police officer who | ||||||
| 24 | is the subject
of
the complaint has, while under oath, | ||||||
| 25 | knowingly and willfully made false
statements
as
to a material | ||||||
| 26 | fact going to an element of the offense of murder.
| ||||||
| |||||||
| |||||||
| 1 | (r) (Blank). Semi-annual reports. The Executive Director | ||||||
| 2 | of the Illinois Labor
Relations Board shall submit semi-annual | ||||||
| 3 | reports to the Governor, President,
and
Minority Leader of the | ||||||
| 4 | Senate, and to the Speaker and Minority Leader of the
House
of | ||||||
| 5 | Representatives beginning on June 30, 2004, indicating:
| ||||||
| 6 | (1) the number of verified complaints received since | ||||||
| 7 | the date of the
last
report;
| ||||||
| 8 | (2) the number of investigations initiated since the | ||||||
| 9 | date of the last
report;
| ||||||
| 10 | (3) the number of investigations concluded since the | ||||||
| 11 | date of the last
report;
| ||||||
| 12 | (4) the number of investigations pending as of the | ||||||
| 13 | reporting date;
| ||||||
| 14 | (5) the number of hearings held since the date of the | ||||||
| 15 | last report; and
| ||||||
| 16 | (6) the number of officers decertified since the date | ||||||
| 17 | of the last
report.
| ||||||
| 18 | (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22; | ||||||
| 19 | 102-538, eff. 8-20-21; revised 10-13-21.)
| ||||||
| 20 | (50 ILCS 705/7)
| ||||||
| 21 | (Text of Section before amendment by P.A. 102-345) | ||||||
| 22 | Sec. 7. Rules and standards for schools. The Board shall | ||||||
| 23 | adopt rules and
minimum standards for such schools which shall | ||||||
| 24 | include, but not be limited to,
the following:
| ||||||
| 25 | a. The curriculum for probationary law enforcement | ||||||
| |||||||
| |||||||
| 1 | officers which shall be
offered by all certified schools | ||||||
| 2 | shall include, but not be limited to,
courses of | ||||||
| 3 | procedural justice, arrest and use and control tactics, | ||||||
| 4 | search and seizure, including temporary questioning, civil | ||||||
| 5 | rights, human rights, human relations,
cultural | ||||||
| 6 | competency, including implicit bias and racial and ethnic | ||||||
| 7 | sensitivity,
criminal law, law of criminal procedure, | ||||||
| 8 | constitutional and proper use of law enforcement | ||||||
| 9 | authority, crisis intervention training, vehicle and | ||||||
| 10 | traffic law including
uniform and non-discriminatory | ||||||
| 11 | enforcement of the Illinois Vehicle Code,
traffic control | ||||||
| 12 | and accident investigation, techniques of obtaining
| ||||||
| 13 | physical evidence, court testimonies, statements, reports, | ||||||
| 14 | firearms
training, training in the use of electronic | ||||||
| 15 | control devices, including the psychological and | ||||||
| 16 | physiological effects of the use of those devices on | ||||||
| 17 | humans, first-aid (including cardiopulmonary | ||||||
| 18 | resuscitation), training in the administration of opioid | ||||||
| 19 | antagonists as defined in paragraph (1) of subsection (e) | ||||||
| 20 | of Section 5-23 of the Substance Use Disorder Act, | ||||||
| 21 | handling of
juvenile offenders, recognition of
mental | ||||||
| 22 | conditions and crises, including, but not limited to, the | ||||||
| 23 | disease of addiction, which require immediate assistance | ||||||
| 24 | and response and methods to
safeguard and provide | ||||||
| 25 | assistance to a person in need of mental
treatment, | ||||||
| 26 | recognition of abuse, neglect, financial exploitation, and | ||||||
| |||||||
| |||||||
| 1 | self-neglect of adults with disabilities and older adults, | ||||||
| 2 | as defined in Section 2 of the Adult Protective Services | ||||||
| 3 | Act, crimes against the elderly, law of evidence, the | ||||||
| 4 | hazards of high-speed police vehicle
chases with an | ||||||
| 5 | emphasis on alternatives to the high-speed chase, and
| ||||||
| 6 | physical training. The curriculum shall include specific | ||||||
| 7 | training in
techniques for immediate response to and | ||||||
| 8 | investigation of cases of domestic
violence and of sexual | ||||||
| 9 | assault of adults and children, including cultural | ||||||
| 10 | perceptions and common myths of sexual assault and sexual | ||||||
| 11 | abuse as well as interview techniques that are age | ||||||
| 12 | sensitive and are trauma informed, victim centered, and | ||||||
| 13 | victim sensitive. The curriculum shall include
training in | ||||||
| 14 | techniques designed to promote effective
communication at | ||||||
| 15 | the initial contact with crime victims and ways to | ||||||
| 16 | comprehensively
explain to victims and witnesses their | ||||||
| 17 | rights under the Rights
of Crime Victims and Witnesses Act | ||||||
| 18 | and the Crime
Victims Compensation Act. The curriculum | ||||||
| 19 | shall also include training in effective recognition of | ||||||
| 20 | and responses to stress, trauma, and post-traumatic stress | ||||||
| 21 | experienced by law enforcement officers that is consistent | ||||||
| 22 | with Section 25 of the Illinois Mental Health First Aid | ||||||
| 23 | Training Act in a peer setting, including recognizing | ||||||
| 24 | signs and symptoms of work-related cumulative stress, | ||||||
| 25 | issues that may lead to suicide, and solutions for | ||||||
| 26 | intervention with peer support resources. The curriculum | ||||||
| |||||||
| |||||||
| 1 | shall include a block of instruction addressing the | ||||||
| 2 | mandatory reporting requirements under the Abused and | ||||||
| 3 | Neglected Child Reporting Act. The curriculum shall also | ||||||
| 4 | include a block of instruction aimed at identifying and | ||||||
| 5 | interacting with persons with autism and other | ||||||
| 6 | developmental or physical disabilities, reducing barriers | ||||||
| 7 | to reporting crimes against persons with autism, and | ||||||
| 8 | addressing the unique challenges presented by cases | ||||||
| 9 | involving victims or witnesses with autism and other | ||||||
| 10 | developmental disabilities. The curriculum shall include | ||||||
| 11 | training in the detection and investigation of all forms | ||||||
| 12 | of human trafficking. The curriculum shall also include | ||||||
| 13 | instruction in trauma-informed responses designed to | ||||||
| 14 | ensure the physical safety and well-being of a child of an | ||||||
| 15 | arrested parent or immediate family member; this | ||||||
| 16 | instruction must include, but is not limited to: (1) | ||||||
| 17 | understanding the trauma experienced by the child while | ||||||
| 18 | maintaining the integrity of the arrest and safety of | ||||||
| 19 | officers, suspects, and other involved individuals; (2) | ||||||
| 20 | de-escalation tactics that would include the use of force | ||||||
| 21 | when reasonably necessary; and (3) inquiring whether a | ||||||
| 22 | child will require supervision and care. The curriculum | ||||||
| 23 | for probationary law enforcement officers shall include: | ||||||
| 24 | (1) at least 12 hours of hands-on, scenario-based | ||||||
| 25 | role-playing; (2) at least 6 hours of instruction on use | ||||||
| 26 | of force techniques, including the use of de-escalation | ||||||
| |||||||
| |||||||
| 1 | techniques to prevent or reduce the need for force | ||||||
| 2 | whenever safe and feasible; (3) specific training on | ||||||
| 3 | officer safety techniques, including cover, concealment, | ||||||
| 4 | and time; and (4) at least 6 hours of training focused on | ||||||
| 5 | high-risk traffic stops. The curriculum for
permanent law | ||||||
| 6 | enforcement officers shall include, but not be limited to: | ||||||
| 7 | (1) refresher
and in-service training in any of the | ||||||
| 8 | courses listed above in this
subparagraph, (2) advanced | ||||||
| 9 | courses in any of the subjects listed above in
this | ||||||
| 10 | subparagraph, (3) training for supervisory personnel, and | ||||||
| 11 | (4)
specialized training in subjects and fields to be | ||||||
| 12 | selected by the board. The training in the use of | ||||||
| 13 | electronic control devices shall be conducted for | ||||||
| 14 | probationary law enforcement officers, including | ||||||
| 15 | University police officers.
| ||||||
| 16 | b. Minimum courses of study, attendance requirements | ||||||
| 17 | and equipment
requirements.
| ||||||
| 18 | c. Minimum requirements for instructors.
| ||||||
| 19 | d. Minimum basic training requirements, which a | ||||||
| 20 | probationary law enforcement
officer must satisfactorily | ||||||
| 21 | complete before being eligible for permanent
employment as | ||||||
| 22 | a local law enforcement officer for a participating local
| ||||||
| 23 | governmental or State governmental agency. Those | ||||||
| 24 | requirements shall include training in first aid
| ||||||
| 25 | (including cardiopulmonary resuscitation).
| ||||||
| 26 | e. Minimum basic training requirements, which a | ||||||
| |||||||
| |||||||
| 1 | probationary county
corrections officer must | ||||||
| 2 | satisfactorily complete before being eligible for
| ||||||
| 3 | permanent employment as a county corrections officer for a | ||||||
| 4 | participating
local governmental agency.
| ||||||
| 5 | f. Minimum basic training requirements which a | ||||||
| 6 | probationary court
security officer must satisfactorily | ||||||
| 7 | complete before being eligible for
permanent employment as | ||||||
| 8 | a court security officer for a participating local
| ||||||
| 9 | governmental agency. The Board shall
establish those | ||||||
| 10 | training requirements which it considers appropriate for | ||||||
| 11 | court
security officers and shall certify schools to | ||||||
| 12 | conduct that training.
| ||||||
| 13 | A person hired to serve as a court security officer | ||||||
| 14 | must obtain from the
Board a certificate (i) attesting to | ||||||
| 15 | the officer's successful completion of the
training | ||||||
| 16 | course; (ii) attesting to the officer's satisfactory
| ||||||
| 17 | completion of a training program of similar content and | ||||||
| 18 | number of hours that
has been found acceptable by the | ||||||
| 19 | Board under the provisions of this Act; or
(iii) attesting | ||||||
| 20 | to the Board's determination that the training
course is | ||||||
| 21 | unnecessary because of the person's extensive prior law | ||||||
| 22 | enforcement
experience.
| ||||||
| 23 | Individuals who currently serve as court security | ||||||
| 24 | officers shall be deemed
qualified to continue to serve in | ||||||
| 25 | that capacity so long as they are certified
as provided by | ||||||
| 26 | this Act within 24 months of June 1, 1997 (the effective | ||||||
| |||||||
| |||||||
| 1 | date of Public Act 89-685). Failure to be so certified, | ||||||
| 2 | absent a waiver from the
Board, shall cause the officer to | ||||||
| 3 | forfeit his or her position.
| ||||||
| 4 | All individuals hired as court security officers on or | ||||||
| 5 | after June 1, 1997 (the effective
date of Public Act | ||||||
| 6 | 89-685) shall be certified within 12 months of the
date of | ||||||
| 7 | their hire, unless a waiver has been obtained by the | ||||||
| 8 | Board, or they
shall forfeit their positions.
| ||||||
| 9 | The Sheriff's Merit Commission, if one exists, or the | ||||||
| 10 | Sheriff's Office if
there is no Sheriff's Merit | ||||||
| 11 | Commission, shall maintain a list of all
individuals who | ||||||
| 12 | have filed applications to become court security officers | ||||||
| 13 | and
who meet the eligibility requirements established | ||||||
| 14 | under this Act. Either
the Sheriff's Merit Commission, or | ||||||
| 15 | the Sheriff's Office if no Sheriff's Merit
Commission | ||||||
| 16 | exists, shall establish a schedule of reasonable intervals | ||||||
| 17 | for
verification of the applicants' qualifications under
| ||||||
| 18 | this Act and as established by the Board.
| ||||||
| 19 | g. Minimum in-service training requirements, which a | ||||||
| 20 | law enforcement officer must satisfactorily complete every | ||||||
| 21 | 3 years. Those requirements shall include constitutional | ||||||
| 22 | and proper use of law enforcement authority, procedural | ||||||
| 23 | justice, civil rights, human rights, reporting child abuse | ||||||
| 24 | and neglect, and cultural competency, including implicit | ||||||
| 25 | bias and racial and ethnic sensitivity. These trainings | ||||||
| 26 | shall consist of at least 30 hours of training every 3 | ||||||
| |||||||
| |||||||
| 1 | years. | ||||||
| 2 | h. Minimum in-service training requirements, which a | ||||||
| 3 | law enforcement officer must satisfactorily complete at | ||||||
| 4 | least annually. Those requirements shall include law | ||||||
| 5 | updates, emergency medical response training and | ||||||
| 6 | certification, crisis intervention training, and officer | ||||||
| 7 | wellness and mental health. | ||||||
| 8 | i. Minimum in-service training requirements as set | ||||||
| 9 | forth in Section 10.6. | ||||||
| 10 | The amendatory changes to this Section made by Public Act | ||||||
| 11 | 101-652 shall take effect January 1, 2022. | ||||||
| 12 | (Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; | ||||||
| 13 | 101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. | ||||||
| 14 | 8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section | ||||||
| 15 | 10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff. | ||||||
| 16 | 1-1-22; 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; revised | ||||||
| 17 | 10-5-21.)
| ||||||
| 18 | (Text of Section after amendment by P.A. 102-345)
| ||||||
| 19 | Sec. 7. Rules and standards for schools. The Board shall | ||||||
| 20 | adopt rules and
minimum standards for such schools which shall | ||||||
| 21 | include, but not be limited to,
the following:
| ||||||
| 22 | a. The curriculum for probationary law enforcement | ||||||
| 23 | police officers which shall be
offered by all certified | ||||||
| 24 | schools shall include, but not be limited to,
courses of | ||||||
| 25 | procedural justice, arrest and use and control tactics, | ||||||
| |||||||
| |||||||
| 1 | search and seizure, including temporary questioning, civil | ||||||
| 2 | rights, human rights, human relations,
cultural | ||||||
| 3 | competency, including implicit bias and racial and ethnic | ||||||
| 4 | sensitivity,
criminal law, law of criminal procedure, | ||||||
| 5 | constitutional and proper use of law enforcement | ||||||
| 6 | authority, crisis intervention training, vehicle and | ||||||
| 7 | traffic law including
uniform and non-discriminatory | ||||||
| 8 | enforcement of the Illinois Vehicle Code,
traffic control | ||||||
| 9 | and accident investigation, techniques of obtaining
| ||||||
| 10 | physical evidence, court testimonies, statements, reports, | ||||||
| 11 | firearms
training, training in the use of electronic | ||||||
| 12 | control devices, including the psychological and | ||||||
| 13 | physiological effects of the use of those devices on | ||||||
| 14 | humans, first-aid (including cardiopulmonary | ||||||
| 15 | resuscitation), training in the administration of opioid | ||||||
| 16 | antagonists as defined in paragraph (1) of subsection (e) | ||||||
| 17 | of Section 5-23 of the Substance Use Disorder Act, | ||||||
| 18 | handling of
juvenile offenders, recognition of
mental | ||||||
| 19 | conditions and crises, including, but not limited to, the | ||||||
| 20 | disease of addiction, which require immediate assistance | ||||||
| 21 | and response and methods to
safeguard and provide | ||||||
| 22 | assistance to a person in need of mental
treatment, | ||||||
| 23 | recognition of abuse, neglect, financial exploitation, and | ||||||
| 24 | self-neglect of adults with disabilities and older adults, | ||||||
| 25 | as defined in Section 2 of the Adult Protective Services | ||||||
| 26 | Act, crimes against the elderly, law of evidence, the | ||||||
| |||||||
| |||||||
| 1 | hazards of high-speed police vehicle
chases with an | ||||||
| 2 | emphasis on alternatives to the high-speed chase, and
| ||||||
| 3 | physical training. The curriculum shall include specific | ||||||
| 4 | training in
techniques for immediate response to and | ||||||
| 5 | investigation of cases of domestic
violence and of sexual | ||||||
| 6 | assault of adults and children, including cultural | ||||||
| 7 | perceptions and common myths of sexual assault and sexual | ||||||
| 8 | abuse as well as interview techniques that are age | ||||||
| 9 | sensitive and are trauma informed, victim centered, and | ||||||
| 10 | victim sensitive. The curriculum shall include
training in | ||||||
| 11 | techniques designed to promote effective
communication at | ||||||
| 12 | the initial contact with crime victims and ways to | ||||||
| 13 | comprehensively
explain to victims and witnesses their | ||||||
| 14 | rights under the Rights
of Crime Victims and Witnesses Act | ||||||
| 15 | and the Crime
Victims Compensation Act. The curriculum | ||||||
| 16 | shall also include training in effective recognition of | ||||||
| 17 | and responses to stress, trauma, and post-traumatic stress | ||||||
| 18 | experienced by law enforcement police officers that is | ||||||
| 19 | consistent with Section 25 of the Illinois Mental Health | ||||||
| 20 | First Aid Training Act in a peer setting, including | ||||||
| 21 | recognizing signs and symptoms of work-related cumulative | ||||||
| 22 | stress, issues that may lead to suicide, and solutions for | ||||||
| 23 | intervention with peer support resources. The curriculum | ||||||
| 24 | shall include a block of instruction addressing the | ||||||
| 25 | mandatory reporting requirements under the Abused and | ||||||
| 26 | Neglected Child Reporting Act. The curriculum shall also | ||||||
| |||||||
| |||||||
| 1 | include a block of instruction aimed at identifying and | ||||||
| 2 | interacting with persons with autism and other | ||||||
| 3 | developmental or physical disabilities, reducing barriers | ||||||
| 4 | to reporting crimes against persons with autism, and | ||||||
| 5 | addressing the unique challenges presented by cases | ||||||
| 6 | involving victims or witnesses with autism and other | ||||||
| 7 | developmental disabilities. The curriculum shall include | ||||||
| 8 | training in the detection and investigation of all forms | ||||||
| 9 | of human trafficking. The curriculum shall also include | ||||||
| 10 | instruction in trauma-informed responses designed to | ||||||
| 11 | ensure the physical safety and well-being of a child of an | ||||||
| 12 | arrested parent or immediate family member; this | ||||||
| 13 | instruction must include, but is not limited to: (1) | ||||||
| 14 | understanding the trauma experienced by the child while | ||||||
| 15 | maintaining the integrity of the arrest and safety of | ||||||
| 16 | officers, suspects, and other involved individuals; (2) | ||||||
| 17 | de-escalation tactics that would include the use of force | ||||||
| 18 | when reasonably necessary; and (3) inquiring whether a | ||||||
| 19 | child will require supervision and care. The curriculum | ||||||
| 20 | for probationary law enforcement officers shall include: | ||||||
| 21 | (1) at least 12 hours of hands-on, scenario-based | ||||||
| 22 | role-playing; (2) at least 6 hours of instruction on use | ||||||
| 23 | of force techniques, including the use of de-escalation | ||||||
| 24 | techniques to prevent or reduce the need for force | ||||||
| 25 | whenever safe and feasible; (3) specific training on | ||||||
| 26 | officer safety techniques, including cover, concealment, | ||||||
| |||||||
| |||||||
| 1 | and time; and (4) at least 6 hours of training focused on | ||||||
| 2 | high-risk traffic stops. The curriculum for
permanent law | ||||||
| 3 | enforcement police officers shall include, but not be | ||||||
| 4 | limited to: (1) refresher
and in-service training in any | ||||||
| 5 | of the courses listed above in this
subparagraph, (2) | ||||||
| 6 | advanced courses in any of the subjects listed above in
| ||||||
| 7 | this subparagraph, (3) training for supervisory personnel, | ||||||
| 8 | and (4)
specialized training in subjects and fields to be | ||||||
| 9 | selected by the board. The training in the use of | ||||||
| 10 | electronic control devices shall be conducted for | ||||||
| 11 | probationary law enforcement police officers, including | ||||||
| 12 | University police officers. The curriculum shall also | ||||||
| 13 | include training on the use of a firearms restraining | ||||||
| 14 | order by providing instruction on the process used to file | ||||||
| 15 | a firearms restraining order and how to identify | ||||||
| 16 | situations in which a firearms restraining order is | ||||||
| 17 | appropriate.
| ||||||
| 18 | b. Minimum courses of study, attendance requirements | ||||||
| 19 | and equipment
requirements.
| ||||||
| 20 | c. Minimum requirements for instructors.
| ||||||
| 21 | d. Minimum basic training requirements, which a | ||||||
| 22 | probationary law enforcement
police officer must | ||||||
| 23 | satisfactorily complete before being eligible for | ||||||
| 24 | permanent
employment as a local law enforcement officer | ||||||
| 25 | for a participating local
governmental or State | ||||||
| 26 | governmental agency. Those requirements shall include | ||||||
| |||||||
| |||||||
| 1 | training in first aid
(including cardiopulmonary | ||||||
| 2 | resuscitation).
| ||||||
| 3 | e. Minimum basic training requirements, which a | ||||||
| 4 | probationary county
corrections officer must | ||||||
| 5 | satisfactorily complete before being eligible for
| ||||||
| 6 | permanent employment as a county corrections officer for a | ||||||
| 7 | participating
local governmental agency.
| ||||||
| 8 | f. Minimum basic training requirements which a | ||||||
| 9 | probationary court
security officer must satisfactorily | ||||||
| 10 | complete before being eligible for
permanent employment as | ||||||
| 11 | a court security officer for a participating local
| ||||||
| 12 | governmental agency. The Board shall
establish those | ||||||
| 13 | training requirements which it considers appropriate for | ||||||
| 14 | court
security officers and shall certify schools to | ||||||
| 15 | conduct that training.
| ||||||
| 16 | A person hired to serve as a court security officer | ||||||
| 17 | must obtain from the
Board a certificate (i) attesting to | ||||||
| 18 | the officer's his or her successful completion of the
| ||||||
| 19 | training course; (ii) attesting to the officer's his or | ||||||
| 20 | her satisfactory
completion of a training program of | ||||||
| 21 | similar content and number of hours that
has been found | ||||||
| 22 | acceptable by the Board under the provisions of this Act; | ||||||
| 23 | or
(iii) attesting to the Board's determination that the | ||||||
| 24 | training
course is unnecessary because of the person's | ||||||
| 25 | extensive prior law enforcement
experience.
| ||||||
| 26 | Individuals who currently serve as court security | ||||||
| |||||||
| |||||||
| 1 | officers shall be deemed
qualified to continue to serve in | ||||||
| 2 | that capacity so long as they are certified
as provided by | ||||||
| 3 | this Act within 24 months of June 1, 1997 (the effective | ||||||
| 4 | date of Public Act 89-685). Failure to be so certified, | ||||||
| 5 | absent a waiver from the
Board, shall cause the officer to | ||||||
| 6 | forfeit his or her position.
| ||||||
| 7 | All individuals hired as court security officers on or | ||||||
| 8 | after June 1, 1997 (the effective
date of Public Act | ||||||
| 9 | 89-685) shall be certified within 12 months of the
date of | ||||||
| 10 | their hire, unless a waiver has been obtained by the | ||||||
| 11 | Board, or they
shall forfeit their positions.
| ||||||
| 12 | The Sheriff's Merit Commission, if one exists, or the | ||||||
| 13 | Sheriff's Office if
there is no Sheriff's Merit | ||||||
| 14 | Commission, shall maintain a list of all
individuals who | ||||||
| 15 | have filed applications to become court security officers | ||||||
| 16 | and
who meet the eligibility requirements established | ||||||
| 17 | under this Act. Either
the Sheriff's Merit Commission, or | ||||||
| 18 | the Sheriff's Office if no Sheriff's Merit
Commission | ||||||
| 19 | exists, shall establish a schedule of reasonable intervals | ||||||
| 20 | for
verification of the applicants' qualifications under
| ||||||
| 21 | this Act and as established by the Board.
| ||||||
| 22 | g. Minimum in-service training requirements, which a | ||||||
| 23 | law enforcement police officer must satisfactorily | ||||||
| 24 | complete every 3 years. Those requirements shall include | ||||||
| 25 | constitutional and proper use of law enforcement | ||||||
| 26 | authority, procedural justice, civil rights, human rights, | ||||||
| |||||||
| |||||||
| 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 | law enforcement police officer must satisfactorily | ||||||
| 7 | complete at least annually. Those requirements shall | ||||||
| 8 | include law updates, emergency medical response training | ||||||
| 9 | and certification, crisis intervention training, and | ||||||
| 10 | officer wellness and mental health. | ||||||
| 11 | i. Minimum in-service training requirements as set | ||||||
| 12 | forth in Section 10.6. | ||||||
| 13 | The amendatory changes to this Section made by Public Act | ||||||
| 14 | 101-652 shall take effect January 1, 2022. | ||||||
| 15 | (Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; | ||||||
| 16 | 101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. | ||||||
| 17 | 8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section | ||||||
| 18 | 10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff. | ||||||
| 19 | 1-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558, | ||||||
| 20 | eff. 8-20-21; revised 10-5-21.)
| ||||||
| 21 | (50 ILCS 705/7.5)
| ||||||
| 22 | Sec. 7.5. Law enforcement Police pursuit guidelines. The | ||||||
| 23 | Board shall annually review
police pursuit procedures and make | ||||||
| 24 | available suggested law enforcement police pursuit
guidelines | ||||||
| 25 | for law enforcement agencies. This Section does not alter the
| ||||||
| |||||||
| |||||||
| 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. 88-637, eff. 9-9-94; 101-652.)
| ||||||
| 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. 89-170, eff. 1-1-96; 101-652.)
| ||||||
| 12 | (50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
| ||||||
| 13 | Sec. 8.1. Full-time law enforcement police and county | ||||||
| 14 | corrections officers.
| ||||||
| 15 | (a) No After January 1, 1976, no person shall receive a | ||||||
| 16 | permanent
appointment as a law enforcement officer or as | ||||||
| 17 | defined in this
Act nor shall any person receive, after the | ||||||
| 18 | effective date of this
amendatory Act of 1984, a permanent | ||||||
| 19 | appointment as a county corrections officer
unless that person | ||||||
| 20 | has been awarded, within 6 months of the officer's
his or her | ||||||
| 21 | initial full-time employment, a certificate attesting to the | ||||||
| 22 | officer's
his or her successful completion of the Minimum | ||||||
| 23 | Standards Basic Law Enforcement or and County
Correctional | ||||||
| 24 | Training Course as prescribed by the Board; or has been | ||||||
| |||||||
| |||||||
| 1 | awarded a
certificate attesting to the officer's his or her | ||||||
| 2 | satisfactory completion of a training program of
similar | ||||||
| 3 | content and number of hours and which course has been found | ||||||
| 4 | acceptable
by the Board under the provisions of this Act; or a | ||||||
| 5 | training waiver by reason of extensive prior
law enforcement | ||||||
| 6 | or county corrections experience the basic training | ||||||
| 7 | requirement
is determined by the Board to be illogical and | ||||||
| 8 | unreasonable.
| ||||||
| 9 | If such training is required and not completed within the | ||||||
| 10 | applicable 6
months, then the officer must forfeit the | ||||||
| 11 | officer's his or her position, or the employing agency
must | ||||||
| 12 | obtain a waiver from the Board extending the period for
| ||||||
| 13 | compliance. Such waiver shall be issued only for good and | ||||||
| 14 | justifiable
reasons, and in no case shall extend more than 90 | ||||||
| 15 | days beyond the
initial 6 months. Any hiring agency that fails | ||||||
| 16 | to train a law enforcement officer within this period shall be | ||||||
| 17 | prohibited from employing this individual in a law enforcement | ||||||
| 18 | capacity for one year from the date training was to be | ||||||
| 19 | completed. If an agency again fails to train the individual a | ||||||
| 20 | second time, the agency shall be permanently barred from | ||||||
| 21 | employing this individual in a law enforcement capacity.
| ||||||
| 22 | An individual who is not certified by the Board or whose | ||||||
| 23 | certified status is inactive shall not function as a law | ||||||
| 24 | enforcement officer, be assigned the duties of a law | ||||||
| 25 | enforcement officer by an employing agency, or be authorized | ||||||
| 26 | to carry firearms under the authority of the employer, except | ||||||
| |||||||
| |||||||
| 1 | as otherwise authorized to carry a firearm under State or | ||||||
| 2 | federal law. Sheriffs who are elected as of the effective date | ||||||
| 3 | of this Amendatory Act of the 101st General Assembly, are | ||||||
| 4 | exempt from the requirement of certified status. Failure to be | ||||||
| 5 | certified in accordance with this Act shall cause the officer | ||||||
| 6 | to forfeit the officer's position. | ||||||
| 7 | An employing agency may not grant a person status as a law | ||||||
| 8 | enforcement officer unless the person has been granted an | ||||||
| 9 | active law enforcement officer certification by the Board. | ||||||
| 10 | (b) Inactive status. A person who has an inactive law | ||||||
| 11 | enforcement officer certification has no law enforcement | ||||||
| 12 | authority. | ||||||
| 13 | (1) A law enforcement officer's certification becomes | ||||||
| 14 | inactive upon termination, resignation, retirement, or | ||||||
| 15 | separation from the officer's employing governmental | ||||||
| 16 | agency for any reason. The Board shall re-activate a | ||||||
| 17 | certification upon written application from the law | ||||||
| 18 | enforcement officer's governmental agency that shows the | ||||||
| 19 | law enforcement officer: (i) has accepted a full-time law | ||||||
| 20 | enforcement position with that governmental agency, (ii) | ||||||
| 21 | is not the subject of a decertification proceeding, and | ||||||
| 22 | (iii) meets all other criteria for re-activation required | ||||||
| 23 | by the Board. The Board may also establish special | ||||||
| 24 | training requirements to be completed as a condition for | ||||||
| 25 | re-activation. | ||||||
| 26 | A law enforcement officer who is refused reactivation | ||||||
| |||||||
| |||||||
| 1 | under this Section may request a hearing in accordance | ||||||
| 2 | with the hearing procedures as outlined in subsection (h) | ||||||
| 3 | of Section 6.3 of this Act. | ||||||
| 4 | The Board may refuse to re-activate the certification | ||||||
| 5 | of a law enforcement officer who was involuntarily | ||||||
| 6 | terminated for good cause by his or her governmental | ||||||
| 7 | agency for conduct subject to decertification under this | ||||||
| 8 | Act or resigned or retired after receiving notice of a | ||||||
| 9 | governmental agency's investigation. | ||||||
| 10 | (2) A law enforcement officer who is currently | ||||||
| 11 | certified can place his or her certificate on inactive | ||||||
| 12 | status by sending a written request to the Board. A law | ||||||
| 13 | enforcement officer whose certificate has been placed on | ||||||
| 14 | inactive status shall not function as a law enforcement | ||||||
| 15 | officer until the officer has completed any requirements | ||||||
| 16 | for reactivating the certificate as required by the Board. | ||||||
| 17 | A request for inactive status in this subsection shall be | ||||||
| 18 | in writing, accompanied by verifying documentation, and | ||||||
| 19 | shall be submitted to the Board with a copy to the chief | ||||||
| 20 | administrator of the law enforcement officer's | ||||||
| 21 | governmental agency. | ||||||
| 22 | (3) Certification that has become inactive under | ||||||
| 23 | paragraph (2) of this subsection (b), shall be reactivated | ||||||
| 24 | by written notice from the law enforcement officer's | ||||||
| 25 | agency upon a showing that the law enforcement officer is: | ||||||
| 26 | (i) employed in a full-time law enforcement position with | ||||||
| |||||||
| |||||||
| 1 | the same governmental agency (ii) not the subject of a | ||||||
| 2 | decertification proceeding, and (iii) meets all other | ||||||
| 3 | criteria for re-activation required by the Board. | ||||||
| 4 | (4) Notwithstanding paragraph (3) of this subsection | ||||||
| 5 | (b), a law enforcement officer whose certification has | ||||||
| 6 | become inactive under paragraph (2) may have the officer's | ||||||
| 7 | governmental agency submit a request for a waiver of | ||||||
| 8 | training requirements to the Board. A grant of a waiver is | ||||||
| 9 | within the discretion of the Board. Within 7 days of | ||||||
| 10 | receiving a request for a waiver under this section, the | ||||||
| 11 | Board shall notify the law enforcement officer and the | ||||||
| 12 | chief administrator of the law enforcement officer's | ||||||
| 13 | governmental agency, whether the request has been granted, | ||||||
| 14 | denied, or if the Board will take additional time for | ||||||
| 15 | information. A law enforcement officer whose request for a | ||||||
| 16 | waiver under this subsection is denied is entitled to | ||||||
| 17 | appeal the denial to the Board within 20 days of the waiver | ||||||
| 18 | being denied. | ||||||
| 19 | (c) (b) No provision of this Section shall be construed to | ||||||
| 20 | mean that a
law enforcement officer employed by a local | ||||||
| 21 | governmental agency
at the time of the effective date of this | ||||||
| 22 | amendatory Act, either as a
probationary police officer or as | ||||||
| 23 | a permanent police officer, shall
require certification under | ||||||
| 24 | the provisions of this Section. No provision
of this Section | ||||||
| 25 | shall be construed to mean that a county corrections
officer | ||||||
| 26 | employed by a local governmental agency at the time of the
| ||||||
| |||||||
| |||||||
| 1 | effective date of this amendatory Act of 1984, either as a | ||||||
| 2 | probationary
county corrections or as a permanent county | ||||||
| 3 | corrections officer, shall
require certification under the | ||||||
| 4 | provisions of this Section. No provision of
this Section shall | ||||||
| 5 | be construed to apply to certification of elected county
| ||||||
| 6 | sheriffs.
| ||||||
| 7 | (d) Within 14 days, a law enforcement officer shall report | ||||||
| 8 | to the Board: (1) any name change; (2) any change in | ||||||
| 9 | employment; or (3) the filing of any criminal indictment or | ||||||
| 10 | charges against the officer alleging that the officer | ||||||
| 11 | committed any offense as enumerated in Section 6.1 of this | ||||||
| 12 | Act. | ||||||
| 13 | (e) All law enforcement officers must report the | ||||||
| 14 | completion of the training requirements required in this Act | ||||||
| 15 | in compliance with Section 8.4 of this Act. | ||||||
| 16 | (e-1) Each employing governmental agency shall allow and | ||||||
| 17 | provide an opportunity for a law enforcement officer to | ||||||
| 18 | complete the mandated requirements in this Act. | ||||||
| 19 | (f) (c) This Section does not apply to part-time law | ||||||
| 20 | enforcement police officers or
probationary part-time law | ||||||
| 21 | enforcement police officers.
| ||||||
| 22 | (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22.)
| ||||||
| 23 | (50 ILCS 705/8.2)
| ||||||
| 24 | Sec. 8.2. Part-time law enforcement police officers.
| ||||||
| 25 | (a) A person hired to serve as a part-time law enforcement
| ||||||
| |||||||
| |||||||
| 1 | police officer must obtain from the Board a certificate (i) | ||||||
| 2 | attesting to the officer's his
or her successful completion of | ||||||
| 3 | the part-time police training course; (ii)
attesting to the | ||||||
| 4 | officer's his or her satisfactory completion of a training | ||||||
| 5 | program of
similar content and number of hours that has been | ||||||
| 6 | found acceptable by the
Board under the provisions of this | ||||||
| 7 | Act; or (iii) a training waiver attesting to the Board's
| ||||||
| 8 | determination that the part-time police training course is | ||||||
| 9 | unnecessary because
of the person's extensive prior law | ||||||
| 10 | enforcement experience.
A person hired on or after the | ||||||
| 11 | effective date of this amendatory Act of the
92nd General | ||||||
| 12 | Assembly must obtain this certificate within 18 months after | ||||||
| 13 | the
initial date of hire as a probationary part-time law | ||||||
| 14 | enforcement police officer in the State of
Illinois. The | ||||||
| 15 | probationary part-time law enforcement police officer must be | ||||||
| 16 | enrolled and
accepted into a Board-approved course within 6 | ||||||
| 17 | months after active employment
by any department in the State.
| ||||||
| 18 | A person hired
on or after January 1, 1996 and before the | ||||||
| 19 | effective date of this amendatory
Act of the 92nd General | ||||||
| 20 | Assembly must obtain this certificate within 18
months
after | ||||||
| 21 | the date of hire. A person hired before
January 1, 1996 must | ||||||
| 22 | obtain this certificate within 24 months after the
effective | ||||||
| 23 | date of this amendatory Act of 1995.
| ||||||
| 24 | The employing agency may seek an extension a waiver from | ||||||
| 25 | the Board extending the period
for compliance. An extension A | ||||||
| 26 | waiver shall be issued only for good and justifiable
reasons, | ||||||
| |||||||
| |||||||
| 1 | and the probationary part-time law enforcement police officer | ||||||
| 2 | may not practice as a
part-time law enforcement
police officer | ||||||
| 3 | during the extension waiver period. If training is
required | ||||||
| 4 | and not completed within the applicable time period, as | ||||||
| 5 | extended by
any waiver that may be granted, then the officer | ||||||
| 6 | must forfeit the officer's his or her
position.
| ||||||
| 7 | An individual who is not certified by the Board or whose | ||||||
| 8 | certified status is inactive shall not function as a law | ||||||
| 9 | enforcement officer, be assigned the duties of a law | ||||||
| 10 | enforcement officer by an agency, or be authorized to carry | ||||||
| 11 | firearms under the authority of the employer, except that | ||||||
| 12 | sheriffs who are elected are exempt from the requirement of | ||||||
| 13 | certified status. Failure to be in accordance with this Act | ||||||
| 14 | shall cause the officer to forfeit the officer's position. | ||||||
| 15 | A part-time probationary officer shall be allowed to | ||||||
| 16 | complete six months of a part-time police training course and | ||||||
| 17 | function as a law enforcement officer with a waiver from the | ||||||
| 18 | Board, provided the part-time law enforcement officer is still | ||||||
| 19 | enrolled in the training course. If the part-time probationary | ||||||
| 20 | officer withdraws from the course for any reason or does not | ||||||
| 21 | complete the course within the applicable time period, as | ||||||
| 22 | extended by any waiver that may be granted, then the officer | ||||||
| 23 | must forfeit the officer's position. | ||||||
| 24 | A governmental agency may not grant a person status as a | ||||||
| 25 | law enforcement officer unless the person has been granted an | ||||||
| 26 | active law enforcement officer certification by the Board. | ||||||
| |||||||
| |||||||
| 1 | (b) Inactive status. A person who has an inactive law | ||||||
| 2 | enforcement officer certification has no law enforcement | ||||||
| 3 | authority. (Blank). | ||||||
| 4 | (1) A law enforcement officer's certification becomes | ||||||
| 5 | inactive upon termination, resignation, retirement, or | ||||||
| 6 | separation from the governmental agency for any reason. | ||||||
| 7 | The Board shall re-activate a certification upon written | ||||||
| 8 | application from the law enforcement officer's | ||||||
| 9 | governmental agency that shows the law enforcement | ||||||
| 10 | officer: (i) has accepted a part-time law enforcement | ||||||
| 11 | position with that a governmental agency, (ii) is not the | ||||||
| 12 | subject of a decertification proceeding, and (iii) meets | ||||||
| 13 | all other criteria for re-activation required by the | ||||||
| 14 | Board. | ||||||
| 15 | The Board may refuse to re-activate the certification | ||||||
| 16 | of a law enforcement officer who was involuntarily | ||||||
| 17 | terminated for good cause by the officer's governmental | ||||||
| 18 | agency for conduct subject to decertification under this | ||||||
| 19 | Act or resigned or retired after receiving notice of a | ||||||
| 20 | governmental agency's investigation. | ||||||
| 21 | (2) A law enforcement officer who is currently | ||||||
| 22 | certified can place his or her certificate on inactive | ||||||
| 23 | status by sending a written request to the Board. A law | ||||||
| 24 | enforcement officer whose certificate has been placed on | ||||||
| 25 | inactive status shall not function as a law enforcement | ||||||
| 26 | officer until the officer has completed any requirements | ||||||
| |||||||
| |||||||
| 1 | for reactivating the certificate as required by the Board. | ||||||
| 2 | A request for inactive status in this subsection shall be | ||||||
| 3 | in writing, accompanied by verifying documentation, and | ||||||
| 4 | shall be submitted to the Board by the law enforcement | ||||||
| 5 | officer's governmental agency. | ||||||
| 6 | (3) Certification that has become inactive under | ||||||
| 7 | paragraph (2) of this subsection (b), shall be reactivated | ||||||
| 8 | by written notice from the law enforcement officer's | ||||||
| 9 | agency upon a showing that the law enforcement officer is: | ||||||
| 10 | (i) employed in a full-time law enforcement position with | ||||||
| 11 | the same governmental agency, (ii) not the subject of a | ||||||
| 12 | decertification proceeding, and (iii) meets all other | ||||||
| 13 | criteria for re-activation required by the Board. The | ||||||
| 14 | Board may also establish special training requirements to | ||||||
| 15 | be completed as a condition for re-activation. | ||||||
| 16 | A law enforcement officer who is refused reactivation | ||||||
| 17 | under this Section may request a hearing in accordance | ||||||
| 18 | with the hearing procedures as outlined in subsection (h) | ||||||
| 19 | of Section 6.3 of this Act. | ||||||
| 20 | (4) Notwithstanding paragraph (3) of this Section, a | ||||||
| 21 | law enforcement officer whose certification has become | ||||||
| 22 | inactive under paragraph (2) may have the officer's | ||||||
| 23 | governmental agency submit a request for a waiver of | ||||||
| 24 | training requirements to the Board. A grant of a waiver is | ||||||
| 25 | within the discretion of the Board. Within 7 days of | ||||||
| 26 | receiving a request for a waiver under this section, the | ||||||
| |||||||
| |||||||
| 1 | Board shall notify the law enforcement officer and the | ||||||
| 2 | chief administrator of the law enforcement officer's | ||||||
| 3 | governmental agency, whether the request has been granted, | ||||||
| 4 | denied, or if the Board will take additional time for | ||||||
| 5 | information. A law enforcement officer whose request for a | ||||||
| 6 | waiver under this subsection is denied is entitled to | ||||||
| 7 | appeal the denial to the Board within 20 days of the waiver | ||||||
| 8 | being denied.
| ||||||
| 9 | (c) The part-time police training course referred to in | ||||||
| 10 | this Section
shall be of similar content and the same number of | ||||||
| 11 | hours as the courses for
full-time officers and
shall be | ||||||
| 12 | provided by
Mobile Team In-Service Training Units under the | ||||||
| 13 | Intergovernmental Law
Enforcement Officer's In-Service | ||||||
| 14 | Training Act or by another approved program
or facility in a | ||||||
| 15 | manner prescribed by the
Board.
| ||||||
| 16 | (d) Within 14 days, a law enforcement officer shall report | ||||||
| 17 | to the Board: (1) any name change; (2) any change in | ||||||
| 18 | employment; or (3) the filing of any criminal indictment or | ||||||
| 19 | charges against the officer alleging that the officer | ||||||
| 20 | committed any offense as enumerated in section 6.1 of this | ||||||
| 21 | Act. | ||||||
| 22 | (e) All law enforcement officers must report the | ||||||
| 23 | completion of the training requirements required in this Act | ||||||
| 24 | in compliance with Section 8.4 of this Act. | ||||||
| 25 | (e-1) Each employing agency shall allow and provide an | ||||||
| 26 | opportunity for a law enforcement officer to complete the | ||||||
| |||||||
| |||||||
| 1 | requirements in this Act. | ||||||
| 2 | (f) (d) For the purposes of this Section, the Board shall | ||||||
| 3 | adopt rules defining
what constitutes employment on a | ||||||
| 4 | part-time basis.
| ||||||
| 5 | (Source: P.A. 92-533, eff. 3-14-02; 101-652.)
| ||||||
| 6 | (50 ILCS 705/9) (from Ch. 85, par. 509)
| ||||||
| 7 | Sec. 9.
A special fund is hereby established in the State | ||||||
| 8 | Treasury to
be known as the Traffic and Criminal Conviction | ||||||
| 9 | Surcharge Fund. Moneys in this Fund shall be
expended as | ||||||
| 10 | follows:
| ||||||
| 11 | (1) a portion of the total amount deposited in the | ||||||
| 12 | Fund may be used, as
appropriated by the General Assembly, | ||||||
| 13 | for the ordinary and contingent expenses
of the Illinois | ||||||
| 14 | Law Enforcement Training Standards Board;
| ||||||
| 15 | (2) a portion of the total amount deposited in the | ||||||
| 16 | Fund
shall be appropriated for the reimbursement of local | ||||||
| 17 | governmental agencies
participating in training programs | ||||||
| 18 | certified by the Board, in an amount
equaling 1/2 of the | ||||||
| 19 | total sum paid by such agencies during the State's | ||||||
| 20 | previous
fiscal year for mandated training for | ||||||
| 21 | probationary law enforcement police officers or
| ||||||
| 22 | probationary county corrections officers and for optional | ||||||
| 23 | advanced and
specialized law enforcement or county | ||||||
| 24 | corrections training; these
reimbursements may include the | ||||||
| 25 | costs for tuition at training schools, the
salaries of | ||||||
| |||||||
| |||||||
| 1 | trainees while in schools, and the necessary travel and | ||||||
| 2 | room
and board expenses for each trainee; if the | ||||||
| 3 | appropriations under this
paragraph (2) are not sufficient | ||||||
| 4 | to fully reimburse the participating local
governmental | ||||||
| 5 | agencies, the available funds shall be apportioned among | ||||||
| 6 | such
agencies, with priority first given to repayment of | ||||||
| 7 | the costs of mandatory
training given to law enforcement | ||||||
| 8 | officer or county corrections officer
recruits, then to | ||||||
| 9 | repayment of costs of advanced or specialized training
for | ||||||
| 10 | permanent law enforcement police officers or permanent | ||||||
| 11 | county corrections officers;
| ||||||
| 12 | (3) a portion of the total amount deposited in the | ||||||
| 13 | Fund may be used to
fund the Intergovernmental Law | ||||||
| 14 | Enforcement Officer's In-Service Training
Act, veto | ||||||
| 15 | overridden October 29, 1981, as now or hereafter amended, | ||||||
| 16 | at
a rate and method to be determined by the board;
| ||||||
| 17 | (4) a portion of the Fund also may be used by the | ||||||
| 18 | Illinois State Police for expenses incurred in the | ||||||
| 19 | training of employees from
any State, county, or municipal | ||||||
| 20 | agency whose function includes enforcement
of criminal or | ||||||
| 21 | traffic law;
| ||||||
| 22 | (5) a portion of the Fund may be used by the Board to | ||||||
| 23 | fund grant-in-aid
programs and services for the training | ||||||
| 24 | of employees from any county or
municipal agency whose | ||||||
| 25 | functions include corrections or the enforcement of
| ||||||
| 26 | criminal or traffic
law;
| ||||||
| |||||||
| |||||||
| 1 | (6) for fiscal years 2013 through 2017 only, a portion | ||||||
| 2 | of the Fund also may be used by the
Department of State | ||||||
| 3 | Police to finance any of its lawful purposes or functions; | ||||||
| 4 | (7) a portion of the Fund may be used by the Board, | ||||||
| 5 | subject to appropriation, to administer grants to local | ||||||
| 6 | law enforcement agencies for the purpose of purchasing | ||||||
| 7 | bulletproof vests under the Law Enforcement Officer | ||||||
| 8 | Bulletproof Vest Act; and | ||||||
| 9 | (8) a portion of the Fund may be used by the Board to | ||||||
| 10 | create a law enforcement grant program available for units | ||||||
| 11 | of local government to fund crime prevention programs, | ||||||
| 12 | training, and interdiction efforts, including enforcement | ||||||
| 13 | and prevention efforts, relating to the illegal cannabis | ||||||
| 14 | market and driving under the influence of cannabis. | ||||||
| 15 | All payments from the Traffic and Criminal Conviction | ||||||
| 16 | Surcharge Fund shall
be made each year from moneys | ||||||
| 17 | appropriated for the purposes specified in
this Section. No | ||||||
| 18 | more than 50% of any appropriation under this Act shall be
| ||||||
| 19 | spent in any city having a population of more than 500,000. The | ||||||
| 20 | State
Comptroller and the State Treasurer shall from time to | ||||||
| 21 | time, at the
direction of the Governor, transfer from the | ||||||
| 22 | Traffic and Criminal
Conviction Surcharge Fund to the General | ||||||
| 23 | Revenue Fund in the State Treasury
such amounts as the | ||||||
| 24 | Governor determines are in excess of the amounts
required to | ||||||
| 25 | meet the obligations of the Traffic and Criminal Conviction
| ||||||
| 26 | Surcharge Fund.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 101-27, eff. 6-25-19; 101-652, eff. 1-1-22; | ||||||
| 2 | 102-538, eff. 8-20-21; revised 10-5-21.)
| ||||||
| 3 | (50 ILCS 705/10) (from Ch. 85, par. 510)
| ||||||
| 4 | Sec. 10. The Board may make, amend and rescind such rules | ||||||
| 5 | and regulations
as may be necessary to carry out the | ||||||
| 6 | provisions of this Act, including those relating to the annual | ||||||
| 7 | certification of retired law enforcement officers qualified | ||||||
| 8 | under federal law to carry a concealed weapon. A copy of all
| ||||||
| 9 | rules and regulations and amendments or rescissions thereof | ||||||
| 10 | shall be filed
with the Secretary of State within a reasonable | ||||||
| 11 | time after their adoption.
The schools certified by the Board | ||||||
| 12 | and participating in the training
program may dismiss from the | ||||||
| 13 | school any trainee prior to the officer's his completion of
| ||||||
| 14 | the course, if in the opinion of the person in charge of the | ||||||
| 15 | training
school, the trainee is unable or unwilling to | ||||||
| 16 | satisfactorily complete the
prescribed course of training. | ||||||
| 17 | The Board shall adopt emergency rules to administer this | ||||||
| 18 | Act in accordance with Section 5-45 of the Illinois | ||||||
| 19 | Administrative Procedure Act. For the purposes of the Illinois | ||||||
| 20 | Administrative Procedure Act, the General Assembly finds that | ||||||
| 21 | the adoption of rules to implement this Act is deemed an | ||||||
| 22 | emergency and necessary to the public interest, safety, and | ||||||
| 23 | welfare.
| ||||||
| 24 | (Source: P.A. 94-103, eff. 7-1-05; 101-652.)
| ||||||
| |||||||
| |||||||
| 1 | (50 ILCS 705/10.1) (from Ch. 85, par. 510.1)
| ||||||
| 2 | Sec. 10.1. Additional training programs. The Board shall | ||||||
| 3 | initiate,
administer,
and conduct training programs for | ||||||
| 4 | permanent law enforcement police officers and permanent
county | ||||||
| 5 | corrections officers in addition to the basic recruit training | ||||||
| 6 | program.
The Board may initiate, administer, and conduct | ||||||
| 7 | training programs for
part-time law enforcement police | ||||||
| 8 | officers in
addition
to the basic part-time law enforcement | ||||||
| 9 | police training course. The training for permanent and
| ||||||
| 10 | part-time law enforcement
police officers and permanent county | ||||||
| 11 | corrections officers may
be given in any schools selected by | ||||||
| 12 | the Board. Such training may include all
or any part of the | ||||||
| 13 | subjects enumerated in Section 7 of this Act.
| ||||||
| 14 | The corporate authorities of all participating local | ||||||
| 15 | governmental agencies
may elect to participate in the advanced | ||||||
| 16 | training for permanent and
part-time law enforcement police | ||||||
| 17 | officers and permanent county corrections
officers but | ||||||
| 18 | nonparticipation in this program shall not in any way affect | ||||||
| 19 | the
mandatory responsibility of governmental units to | ||||||
| 20 | participate in the basic
recruit training programs for | ||||||
| 21 | probationary full-time and part-time law enforcement
police
| ||||||
| 22 | and permanent county corrections officers. The failure of any | ||||||
| 23 | permanent or
part-time law enforcement
police officer or | ||||||
| 24 | permanent county corrections officer to
successfully complete | ||||||
| 25 | any course authorized under this Section
shall not affect the | ||||||
| 26 | officer's status as a member of the police
department or | ||||||
| |||||||
| |||||||
| 1 | county sheriff's office of any local governmental agency.
| ||||||
| 2 | The Board may initiate, administer, and conduct training | ||||||
| 3 | programs for
clerks of circuit courts. Those training | ||||||
| 4 | programs, at the Board's discretion,
may be the same or | ||||||
| 5 | variations of training programs for law enforcement
officers.
| ||||||
| 6 | The Board shall initiate, administer, and conduct a | ||||||
| 7 | training program
regarding the set
up and operation of
| ||||||
| 8 | portable scales for all municipal and county police officers, | ||||||
| 9 | technicians,
and employees who set up
and operate portable | ||||||
| 10 | scales. This
training
program must include classroom and field | ||||||
| 11 | training.
| ||||||
| 12 | (Source: P.A. 90-271, eff. 7-30-97, 91-129, eff. 7-16-99; | ||||||
| 13 | 101-652.)
| ||||||
| 14 | (50 ILCS 705/10.2)
| ||||||
| 15 | Sec. 10.2. Criminal background investigations.
| ||||||
| 16 | (a) On and after March 14, 2002 (the effective date of | ||||||
| 17 | Public Act 92-533) this amendatory Act of the 92nd
General | ||||||
| 18 | Assembly,
an applicant for employment as a peace officer, or | ||||||
| 19 | for annual certification as a retired law enforcement officer | ||||||
| 20 | qualified under federal law to carry a concealed weapon, shall | ||||||
| 21 | authorize an
investigation to determine if
the applicant has | ||||||
| 22 | been convicted of, or entered a plea of guilty to, any criminal | ||||||
| 23 | offense that disqualifies the
person as a peace
officer.
| ||||||
| 24 | (b) No governmental law enforcementagency may knowingly | ||||||
| 25 | employ a person, or certify a retired law enforcement officer | ||||||
| |||||||
| |||||||
| 1 | qualified under federal law to carry a concealed weapon, | ||||||
| 2 | unless (i) a
criminal
background investigation of that person
| ||||||
| 3 | has been completed and (ii) that investigation reveals no | ||||||
| 4 | convictions of or pleas of guilty to
of offenses specified in | ||||||
| 5 | subsection (a) of Section 6.1 of this Act.
| ||||||
| 6 | (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22; | ||||||
| 7 | 102-558, eff. 8-20-21.)
| ||||||
| 8 | (50 ILCS 705/10.3)
| ||||||
| 9 | Sec. 10.3. Training of law enforcement police officers to | ||||||
| 10 | conduct electronic
interrogations. | ||||||
| 11 | (a)
From appropriations made to it for that purpose, the | ||||||
| 12 | Board shall initiate,
administer, and conduct training | ||||||
| 13 | programs for permanent law enforcement police officers,
| ||||||
| 14 | part-time law enforcement police officers, and recruits on the | ||||||
| 15 | methods and technical aspects of
conducting electronic | ||||||
| 16 | recordings of interrogations. | ||||||
| 17 | (b) Subject to appropriation, the Board shall develop | ||||||
| 18 | technical guidelines for the mandated recording of custodial | ||||||
| 19 | interrogations in all homicide investigations by law | ||||||
| 20 | enforcement agencies. These guidelines shall be developed in | ||||||
| 21 | conjunction with law enforcement agencies and technology | ||||||
| 22 | accreditation groups to provide guidance for law enforcement | ||||||
| 23 | agencies in implementing the mandated recording of custodial | ||||||
| 24 | interrogations in all homicide investigations.
| ||||||
| 25 | (Source: P.A. 95-688, eff. 10-23-07; 101-652.)
| ||||||
| |||||||
| |||||||
| 1 | (50 ILCS 705/10.7) | ||||||
| 2 | Sec. 10.7. Mandatory training; police chief and deputy | ||||||
| 3 | police chief. Each police chief and deputy police chief shall | ||||||
| 4 | obtain at least 20 hours of training each year. The training | ||||||
| 5 | must be approved by the Illinois Law Enforcement Training and | ||||||
| 6 | Standards Board and must be related to law enforcement, | ||||||
| 7 | management or executive development, or ethics. This | ||||||
| 8 | requirement may be satisfied by attending any training portion | ||||||
| 9 | of a conference held by an association that represents chiefs | ||||||
| 10 | of police that has been approved by the Illinois Law | ||||||
| 11 | Enforcement Training and Standards Board. Any police chief and | ||||||
| 12 | any deputy police chief, upon presentation of a certificate of | ||||||
| 13 | completion from the person or entity conducting the training, | ||||||
| 14 | shall be reimbursed by the municipality in accordance with the | ||||||
| 15 | municipal policy regulating the terms of reimbursement, for | ||||||
| 16 | the officer's his or her reasonable expenses in obtaining the | ||||||
| 17 | training required under this Section. No police chief or | ||||||
| 18 | deputy police chief may attend any recognized training | ||||||
| 19 | offering without the prior approval of the officer's his or | ||||||
| 20 | her municipal mayor, manager, or immediate supervisor. | ||||||
| 21 | This Section does not apply to the City of Chicago or the | ||||||
| 22 | Sheriff's Police Department in Cook County.
| ||||||
| 23 | (Source: P.A. 101-652, eff. 1-1-22; 102-558, eff. 8-20-21.)
| ||||||
| 24 | (50 ILCS 705/10.11) | ||||||
| |||||||
| |||||||
| 1 | Sec. 10.11. Training; death and homicide investigation. | ||||||
| 2 | The Illinois Law Enforcement Training and Standards Board | ||||||
| 3 | shall conduct or approve a training program in death and | ||||||
| 4 | homicide investigation for the training of law enforcement | ||||||
| 5 | officers of local government agencies. Only law enforcement | ||||||
| 6 | officers who successfully complete the training program may be | ||||||
| 7 | assigned as lead investigators in death and homicide | ||||||
| 8 | investigations. Satisfactory completion of the training | ||||||
| 9 | program shall be evidenced by a certificate issued to the law | ||||||
| 10 | enforcement officer by the Illinois Law Enforcement Training | ||||||
| 11 | and Standards Board.
| ||||||
| 12 | The Illinois Law Enforcement Training and Standards Board | ||||||
| 13 | shall develop a process for waiver applications sent by a | ||||||
| 14 | local governmental law enforcement agency administrator for | ||||||
| 15 | those officers whose prior training and experience as homicide | ||||||
| 16 | investigators may qualify them for a waiver. The Board may | ||||||
| 17 | issue a waiver at its discretion, based solely on the prior | ||||||
| 18 | training and experience of an officer as a homicide | ||||||
| 19 | investigator. This Section does not affect or impede the | ||||||
| 20 | powers of the office of the coroner to investigate all deaths | ||||||
| 21 | as provided in Division 3-3 of the Counties Code and the | ||||||
| 22 | Coroner Training Board Act. | ||||||
| 23 | (Source: P.A. 101-652, eff. 1-1-22; 102-558, eff. 8-20-21.)
| ||||||
| 24 | (50 ILCS 705/10.12) | ||||||
| 25 | Sec. 10.12. Police dog training standards. All police dogs | ||||||
| |||||||
| |||||||
| 1 | used by State and local governmental law enforcement agencies | ||||||
| 2 | for drug enforcement purposes pursuant to the Cannabis Control | ||||||
| 3 | Act, the Illinois Controlled Substances Act, or the | ||||||
| 4 | Methamphetamine Control and Community Protection Act shall be | ||||||
| 5 | trained by programs that meet the minimum certification | ||||||
| 6 | requirements set by the Board.
| ||||||
| 7 | (Source: P.A. 101-27, eff. 6-25-19; 101-652.)
| ||||||
| 8 | (50 ILCS 705/10.13) | ||||||
| 9 | Sec. 10.13. Training; Post-Traumatic Stress Disorder | ||||||
| 10 | (PTSD). The Illinois Law Enforcement Training Standards Board | ||||||
| 11 | shall conduct or approve a training program in Post-Traumatic | ||||||
| 12 | Stress Disorder (PTSD) for law enforcement officers of local | ||||||
| 13 | governmental government agencies. The purpose of that training | ||||||
| 14 | shall be to equip law enforcement officers of local | ||||||
| 15 | governmental government agencies to identify the symptoms of | ||||||
| 16 | PTSD and to respond appropriately to individuals exhibiting | ||||||
| 17 | those symptoms.
| ||||||
| 18 | (Source: P.A. 97-1040, eff. 1-1-13; 101-652.)
| ||||||
| 19 | (50 ILCS 705/10.16) | ||||||
| 20 | Sec. 10.16. Veterans' awareness. The Illinois Law | ||||||
| 21 | Enforcement Training Standards Board may conduct or approve a | ||||||
| 22 | training program in veterans' awareness for law enforcement | ||||||
| 23 | officers of local government agencies. The program shall train | ||||||
| 24 | law enforcement officers to identify issues relating to | ||||||
| |||||||
| |||||||
| 1 | veterans and provide guidelines dictating how law enforcement | ||||||
| 2 | officers should respond to and address such issues. Each local | ||||||
| 3 | governmental government agency is encouraged to designate an | ||||||
| 4 | individual to respond to veterans' issues.
| ||||||
| 5 | (Source: P.A. 98-960, eff. 1-1-15; 101-652.)
| ||||||
| 6 | (50 ILCS 705/10.18) | ||||||
| 7 | Sec. 10.18. Training; administration of opioid | ||||||
| 8 | antagonists. The Board shall conduct or approve an in-service | ||||||
| 9 | training program for law enforcement police officers in the | ||||||
| 10 | administration of opioid antagonists as defined in paragraph | ||||||
| 11 | (1) of subsection (e) of Section 5-23 of the Substance Use | ||||||
| 12 | Disorder Act that is in accordance with that Section. As used | ||||||
| 13 | in this Section, the term "law enforcement police officers" | ||||||
| 14 | includes full-time or part-time probationary law enforcement | ||||||
| 15 | police officers, permanent or part-time law enforcement police | ||||||
| 16 | officers, law enforcement officers, recruits, permanent or | ||||||
| 17 | probationary county corrections officers, permanent or | ||||||
| 18 | probationary county security officers, and court security | ||||||
| 19 | officers. The term does not include auxiliary police officers | ||||||
| 20 | as defined in Section 3.1-30-20 of the Illinois Municipal | ||||||
| 21 | Code.
| ||||||
| 22 | (Source: P.A. 99-480, eff. 9-9-15; 99-642, eff. 7-28-16; | ||||||
| 23 | 100-759, eff. 1-1-19; 101-652.)
| ||||||
| 24 | (50 ILCS 705/10.19) | ||||||
| |||||||
| |||||||
| 1 | Sec. 10.19. Training; administration of epinephrine. | ||||||
| 2 | (a) This Section, along with Section 40 of the Illinois | ||||||
| 3 | State Police Act, may be referred to as the Annie LeGere Law. | ||||||
| 4 | (b) For purposes of this Section, "epinephrine | ||||||
| 5 | auto-injector" means a single-use device used for the | ||||||
| 6 | automatic injection of a pre-measured dose of epinephrine into | ||||||
| 7 | the human body prescribed in the name of a local governmental | ||||||
| 8 | agency. | ||||||
| 9 | (c) The Board shall conduct or approve an optional | ||||||
| 10 | advanced training program for law enforcement police officers | ||||||
| 11 | to recognize and respond to anaphylaxis, including the | ||||||
| 12 | administration of an epinephrine auto-injector. The training | ||||||
| 13 | must include, but is not limited to: | ||||||
| 14 | (1) how to recognize symptoms of an allergic reaction; | ||||||
| 15 | (2) how to respond to an emergency involving an | ||||||
| 16 | allergic reaction; | ||||||
| 17 | (3) how to administer an epinephrine auto-injector; | ||||||
| 18 | (4) how to respond to an individual with a known | ||||||
| 19 | allergy as well as an individual with a previously unknown | ||||||
| 20 | allergy; | ||||||
| 21 | (5) a test demonstrating competency of the knowledge | ||||||
| 22 | required to recognize anaphylaxis and administer an | ||||||
| 23 | epinephrine auto-injector; and | ||||||
| 24 | (6) other criteria as determined in rules adopted by | ||||||
| 25 | the Board. | ||||||
| 26 | (d) A local governmental agency may authorize a law | ||||||
| |||||||
| |||||||
| 1 | enforcement police officer who has completed an optional | ||||||
| 2 | advanced training program under subsection (c) to carry, | ||||||
| 3 | administer, or assist with the administration of epinephrine | ||||||
| 4 | auto-injectors provided by the local governmental agency | ||||||
| 5 | whenever the officer he or she is performing official duties. | ||||||
| 6 | (e) A local governmental agency that authorizes its | ||||||
| 7 | officers to carry and administer epinephrine auto-injectors | ||||||
| 8 | under subsection (d) must establish a policy to control the | ||||||
| 9 | acquisition, storage, transportation, administration, and | ||||||
| 10 | disposal of epinephrine auto-injectors and to provide | ||||||
| 11 | continued training in the administration of epinephrine | ||||||
| 12 | auto-injectors. | ||||||
| 13 | (f) A physician, physician's assistant with prescriptive | ||||||
| 14 | authority, or advanced practice registered nurse with | ||||||
| 15 | prescriptive authority may provide a standing protocol or | ||||||
| 16 | prescription for epinephrine auto-injectors in the name of a | ||||||
| 17 | local governmental agency to be maintained for use when | ||||||
| 18 | necessary. | ||||||
| 19 | (g) When a law enforcement police officer administers an | ||||||
| 20 | epinephrine auto-injector in good faith, the law enforcement | ||||||
| 21 | police officer and local governmental agency, and its | ||||||
| 22 | employees and agents, including a physician, physician's | ||||||
| 23 | assistant with prescriptive authority, or advanced practice | ||||||
| 24 | registered nurse with prescriptive authority who provides a | ||||||
| 25 | standing order or prescription for an epinephrine | ||||||
| 26 | auto-injector, incur no civil or professional liability, | ||||||
| |||||||
| |||||||
| 1 | except for willful and wanton conduct, or as a result of any | ||||||
| 2 | injury or death arising from the use of an epinephrine | ||||||
| 3 | auto-injector.
| ||||||
| 4 | (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
| 5 | revised 10-5-21.)
| ||||||
| 6 | (50 ILCS 705/10.20) | ||||||
| 7 | Sec. 10.20. Disposal of medications. The Board shall | ||||||
| 8 | develop rules and minimum standards for local governmental | ||||||
| 9 | agencies that authorize law enforcement police officers to | ||||||
| 10 | dispose of unused medications under Section 18 of the Safe | ||||||
| 11 | Pharmaceutical Disposal Act.
| ||||||
| 12 | (Source: P.A. 99-648, eff. 1-1-17; 100-201, eff. 8-18-17; | ||||||
| 13 | 101-652.)
| ||||||
| 14 | (50 ILCS 705/10.22) | ||||||
| 15 | Sec. 10.22. School resource officers. | ||||||
| 16 | (a) The Board shall develop or approve a course for school | ||||||
| 17 | resource officers as defined in Section 10-20.68 of the School | ||||||
| 18 | Code. | ||||||
| 19 | (b) The school resource officer course shall be developed | ||||||
| 20 | within one year after January 1, 2019 (the effective date of | ||||||
| 21 | Public Act 100-984) and shall be created in consultation with | ||||||
| 22 | organizations demonstrating expertise and or experience in the | ||||||
| 23 | areas of youth and adolescent developmental issues, | ||||||
| 24 | educational administrative issues, prevention of child abuse | ||||||
| |||||||
| |||||||
| 1 | and exploitation, youth mental health treatment, and juvenile | ||||||
| 2 | advocacy. | ||||||
| 3 | (c) The Board shall develop a process allowing law | ||||||
| 4 | enforcement agencies to request a waiver of this training | ||||||
| 5 | requirement for any specific individual assigned as a school | ||||||
| 6 | resource officer. Applications for these waivers may be | ||||||
| 7 | submitted by a local governmental law enforcement agency chief | ||||||
| 8 | administrator for any officer whose prior training and | ||||||
| 9 | experience may qualify for a waiver of the training | ||||||
| 10 | requirement of this subsection (c). The Board may issue a | ||||||
| 11 | waiver at its discretion, based solely on the prior training | ||||||
| 12 | and experience of an officer. | ||||||
| 13 | (d) Upon completion, the employing agency shall be issued | ||||||
| 14 | a certificate attesting to a specific officer's completion of | ||||||
| 15 | the school resource officer training. Additionally, a letter | ||||||
| 16 | of approval shall be issued to the employing agency for any | ||||||
| 17 | officer who is approved for a training waiver under this | ||||||
| 18 | subsection (d).
| ||||||
| 19 | (Source: P.A. 100-984, eff. 1-1-19; 101-81, eff. 7-12-19; | ||||||
| 20 | 101-652.)
| ||||||
| 21 | (50 ILCS 705/3.1 rep.) | ||||||
| 22 | (50 ILCS 705/6.3 rep.) | ||||||
| 23 | (50 ILCS 705/6.6 rep.) | ||||||
| 24 | (50 ILCS 705/6.7 rep.) | ||||||
| 25 | (50 ILCS 705/8.3 rep.) | ||||||
| |||||||
| |||||||
| 1 | (50 ILCS 705/8.4 rep.) | ||||||
| 2 | (50 ILCS 705/9.2 rep.) | ||||||
| 3 | (50 ILCS 705/13 rep.) | ||||||
| 4 | Section 380. The Illinois Police Training Act is amended | ||||||
| 5 | by repealing Sections 3.1, 6.3, 6.6, 6.7, 8.3, 8.4, 9.2, and | ||||||
| 6 | 13.
| ||||||
| 7 | Section 385. The Illinois Police Training Act is amended | ||||||
| 8 | by reenacting Sections 6.2 and 10.5 as follows:
| ||||||
| 9 | (50 ILCS 705/6.2)
| ||||||
| 10 | Sec. 6.2. Officer professional conduct database.
| ||||||
| 11 | (a) All law enforcement agencies shall notify the Board of | ||||||
| 12 | any final determination of willful violation of department or | ||||||
| 13 | agency policy, official misconduct, or violation of law when:
| ||||||
| 14 | (1) the officer is discharged or dismissed as a result | ||||||
| 15 | of the violation; or
| ||||||
| 16 | (2) the officer resigns during the course of an | ||||||
| 17 | investigation and after the officer has been served notice | ||||||
| 18 | that he or she is under investigation that is based on the | ||||||
| 19 | commission of a Class 2 or greater felony.
| ||||||
| 20 | The agency shall report to the Board within 30 days of a | ||||||
| 21 | final decision of discharge or dismissal and final exhaustion | ||||||
| 22 | of any appeal, or resignation, and shall provide information | ||||||
| 23 | regarding the nature of the violation.
| ||||||
| 24 | (b) Upon receiving notification from a law enforcement | ||||||
| |||||||
| |||||||
| 1 | agency, the Board must notify the law enforcement officer of | ||||||
| 2 | the report and his or her right to provide a statement | ||||||
| 3 | regarding the reported violation. | ||||||
| 4 | (c) The Board shall maintain a database readily available | ||||||
| 5 | to any chief administrative officer, or his or her designee, | ||||||
| 6 | of a law enforcement agency that shall show each reported | ||||||
| 7 | instance, including the name of the officer, the nature of the | ||||||
| 8 | violation, reason for the final decision of discharge or | ||||||
| 9 | dismissal, and any statement provided by the officer.
| ||||||
| 10 | (Source: P.A. 99-352, eff. 1-1-16.)
| ||||||
| 11 | (50 ILCS 705/10.5)
| ||||||
| 12 | Sec. 10.5. Conservators of the Peace training course. The | ||||||
| 13 | Board shall
initiate, administer, and conduct a training | ||||||
| 14 | course for conservators of the
peace. The training course may | ||||||
| 15 | include all or any part of the subjects
enumerated in
Section | ||||||
| 16 | 7. The Board shall issue a certificate to those persons | ||||||
| 17 | successfully
completing the course.
| ||||||
| 18 | For the purposes of this Section, "conservators of the | ||||||
| 19 | peace" means those
persons designated under Section 3.1-15-25 | ||||||
| 20 | of the Illinois Municipal Code and
Section 4-7 of the Park | ||||||
| 21 | District Code.
| ||||||
| 22 | (Source: P.A. 90-540, eff. 12-1-97.)
| ||||||
| 23 | Section 390. The Counties Code is amended by changing | ||||||
| 24 | Section 3-6001.5 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (55 ILCS 5/3-6001.5)
| ||||||
| 2 | Sec. 3-6001.5. Sheriff qualifications. A On or after the | ||||||
| 3 | effective date of this amendatory Act of the 98th General | ||||||
| 4 | Assembly,
except as otherwise provided in this Section, a | ||||||
| 5 | person is not eligible to be elected or
appointed to the office | ||||||
| 6 | of sheriff, unless that person meets all of the
following | ||||||
| 7 | requirements:
| ||||||
| 8 | (1) Is a United States citizen.
| ||||||
| 9 | (2) Has been a resident of the county for at least one | ||||||
| 10 | year.
| ||||||
| 11 | (3) Is not a convicted felon.
| ||||||
| 12 | (4) Has a certificate attesting to his or her | ||||||
| 13 | successful completion of the Minimum Standards Basic Law | ||||||
| 14 | Enforcement Officers Training Course as prescribed by the | ||||||
| 15 | Illinois Law Enforcement Training Standards Board or a | ||||||
| 16 | substantially similar training program of another state or | ||||||
| 17 | the federal government. This paragraph does not apply to a | ||||||
| 18 | sheriff currently serving on the effective date of this | ||||||
| 19 | amendatory Act of the 101st General Assembly. | ||||||
| 20 | (Source: P.A. 98-115, eff. 7-29-13; 101-652.)
| ||||||
| 21 | Section 995. No acceleration or delay. Where this Act | ||||||
| 22 | makes changes in a statute that is represented in this Act by | ||||||
| 23 | text that is not yet or no longer in effect (for example, a | ||||||
| 24 | Section represented by multiple versions), the use of that | ||||||
| |||||||
| |||||||
| 1 | text does not accelerate or delay the taking effect of (i) the | ||||||
| 2 | changes made by this Act or (ii) provisions derived from any | ||||||
| 3 | other Public Act.
| ||||||
| 4 | Section 999. Effective date. This Act takes effect upon | ||||||
| 5 | becoming law.".
| ||||||