Rep. Justin Slaughter

Filed: 1/13/2021

 

 


 

 


 
10100SB1968ham001LRB101 08002 RLC 74920 a

1
AMENDMENT TO SENATE BILL 1968

2    AMENDMENT NO. ______. Amend Senate Bill 1968 by replacing
3everything after the enacting clause with the following:
 
4
"Article 1.
5
Statewide Use of Force Standardization

 
6    Section 1-1. Short title. This Article may be cited as the
7Statewide Use of Force Standardization Act. References in this
8Article to "this Act" mean this Article.
 
9    Section 1-5. Statement of purpose. It is the intent of the
10General Assembly to establish statewide use of force standards
11for law enforcement agencies effective January 1, 2022.
 
12
Article 2.
13
No Representation Without Population Act

 

 

 

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1    Section 2-1. Short title. This Act may be cited as the No
2Representation Without Population Act. References in this
3Article to "this Act" mean this Article.
 
4    Section 2-3. Definition. As used in this Act, "Department"
5means the Department of Corrections.
 
6    Section 2-5. Electronic records. The Department shall
7collect and maintain an electronic record of the legal
8residence, outside of any correctional facility, and other
9demographic data for each person in custody or entering custody
10on or after the effective date of this Act. At a minimum, this
11record shall contain the person's last known complete street
12address prior to incarceration, the person's race, whether the
13person is of Hispanic or Latino origin, and whether the person
14is 18 years of age or older. To the degree possible, the
15Department shall also allow the legal residence to be updated
16as appropriate.
 
17    Section 2-10. Reports to the State Board of Elections.
18    (a) Within 30 days after the effective date of this Act,
19and thereafter, on or before May 1 of each year where the
20federal decennial census is taken but in which the United
21States Bureau of the Census allocates incarcerated persons as
22residents of correctional facilities, the Department shall
23deliver to the State Board of Elections the following

 

 

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1information:
2        (1) A unique identifier, not including the name or
3    Department-assigned inmate number, for each incarcerated
4    person subject to the jurisdiction of the Department on the
5    date for which the decennial census reports population. The
6    unique identifier shall enable the State Board of Elections
7    to address inquiries about specific address records to the
8    Department, without making it possible for anyone outside
9    of the Department to identify the inmate to whom the
10    address record pertains.
11        (2) The street address of the correctional facility
12    where the person was incarcerated at the time of the
13    report.
14        (3) The last known address of the person prior to
15    incarceration or other legal residence, if known.
16        (4) The person's race, whether the person is of
17    Hispanic or Latino origin, and whether the person is age 18
18    or older, if known.
19        (5) Any additional information as the State Board of
20    Elections may request pursuant to law.
21    (b) The Department shall provide the information specified
22in subsection (a) in the form that the State Board of Elections
23shall specify.
24    (c) Notwithstanding any other provision of law, the
25information required to be provided to the State Board of
26Elections pursuant to this Section shall not include the name

 

 

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1of any incarcerated person and shall not allow for the
2identification of any person therefrom, except to the
3Department. The information shall be treated as confidential
4and shall not be disclosed by the State Board of Elections
5except as redistricting data aggregated by census block for
6purposes specified in Section 2-20.
 
7    Section 2-15. Federal facilities. The State Board of
8Elections shall request each agency that operates a federal
9facility in this State that incarcerates persons convicted of a
10criminal offense to provide the State Board of Elections with a
11report that includes the information listed in subsection (a)
12of Section 2-10.
 
13    Section 2-20. State Board of Elections; redistricting
14data. The State Board of Elections shall prepare redistricting
15population data to reflect incarcerated persons at their
16residential address, pursuant to Section 2-25. The data
17prepared by the State Board of Elections shall be the basis of
18the Legislative and Representative Districts required to be
19created pursuant to Section 3 of Article IV of the Illinois
20Constitution of 1970. Incarcerated populations residing at
21unknown geographic locations within the State, as determined
22under paragraph (2) of subsection (c) of Section 2-25, shall
23not be used to determine the ideal population of any set of
24districts, wards, or precincts.
 

 

 

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1    Section 2-25. Determinations and data publication by the
2State Board of Elections.
3    (a) For each person included in a report received under
4Sections 2-10 and 2-15, the State Board of Elections shall
5determine the geographic units for which population counts are
6reported in the federal decennial census that contain the
7facility of incarceration and the legal residence as listed
8according to the report.
9    (b) For each person included in a report received under
10Sections 2-10 and 2-15, if the legal residence is known and in
11this State, the State Board of Elections shall:
12        (1) ensure that the person is not represented in any
13    population counts reported by the State Board of Elections
14    for the geographic units that include the facility where
15    the person was incarcerated, unless that geographic unit
16    also includes the person's legal residence; and
17        (2) ensure that any population counts reported by the
18    State Board of Elections reflect the person's residential
19    address as reported under Sections 2-10 and 2-15.
20    (c) For each person included in a report received under
21Sections 2-10 and 2-15 for whom a legal residence is unknown or
22not in this State and for all persons reported in the census as
23residing in a federal correctional facility for whom a report
24was not provided, the State Board of Elections shall:
25        (1) ensure that the person is not represented in any

 

 

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1    population counts reported by the State Board of Elections
2    for the geographic units that include the facility where
3    the person was incarcerated; and
4        (2) allocate the person to a State unit not tied to a
5    specific determined geographic location, as other State
6    residents with unknown State addresses are allocated.
7    (d) The data prepared by the State Board of Elections
8pursuant to this Section shall be completed and published no
9later than 30 days after the date that federal decennial census
10data required to be published by Public Law 94-171 is published
11for the State of Illinois.
 
12    Section 2-30. Data; Legislative and Representative
13Districts. The data prepared by the State Board of Elections in
14Section 2-25 shall be used only as the basis for determining
15Legislative and Representative Districts. Residences at
16unknown geographic locations within the State under subsection
17(c) of Section 2-25 shall not be used to determine the ideal
18population of any set of districts, wards, or precincts. The
19data prepared by the State Board of Elections in Section 2-25
20shall not be used in the distribution of any State or federal
21aid.
 
22
Article 3.
23
Deaths in Custody

 

 

 

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1    Section 3-1. Short title. This Article may be cited as the
2Reporting of Deaths in Custody Act. References in this Article
3to "this Act" mean this Article.
 
4    Section 3-5. Report of deaths of persons in custody in
5correctional institutions.
6    (a) In this Act, "law enforcement agency" includes each law
7enforcement entity within this State having the authority to
8arrest and detain persons suspected of, or charged with,
9committing a criminal offense, and each law enforcement entity
10that operates a lock up, jail, prison, or any other facility
11used to detain persons for legitimate law enforcement purposes.
12    (b) In any case in which a person dies:
13        (1) while in the custody of:
14            (A) a law enforcement agency;
15            (B) a local or State correctional facility in this
16        State; or
17            (C) a peace officer; or
18        (2) as a result of the peace officer's use of force,
19    the law enforcement agency shall investigate and report the
20    death in writing to the Illinois Criminal Justice
21    Information Authority, no later than 30 days after the date
22    on which the person in custody or incarcerated died. The
23    written report shall contain the following information:
24            (A) facts concerning the death that are in the
25        possession of the law enforcement agency in charge of

 

 

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1        the investigation and the correctional facility where
2        the death occurred including, but not limited to, race,
3        age, and gender of the decedent, and a brief
4        description of the circumstances surrounding the
5        death;
6            (B) if the death occurred in the custody of the
7        Illinois Department of Corrections, the report shall
8        also include the jurisdiction, the law enforcement
9        agency providing the investigation, and the local or
10        State facility where the death occurred;
11            (C) if the death occurred in the custody of the
12        Illinois Department of Corrections, the report shall
13        also include if emergency care was requested by the law
14        enforcement agency in response to any illness, injury,
15        self-inflicted or otherwise, or other issue related to
16        rapid deterioration of physical wellness or human
17        subsistence, and details concerning emergency care
18        that were provided to the decedent if emergency care
19        was provided.
20    (c) The law enforcement agency and the involved
21correctional administrators shall make a good faith effort to
22obtain all relevant facts and circumstances relevant to the
23death and include those in the report.
24    (d) The Illinois Criminal Justice Information Authority
25shall create a standardized form to be used for the purpose of
26collecting information as described in subsection (b).

 

 

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1    (e) Law enforcement agencies shall use the form described
2in subsection (d) to report all cases in which a person dies:
3        (1) while in the custody of:
4            (A) a law enforcement agency;
5            (B) a local or State correctional facility in this
6        State; or
7            (C) a peace officer; or
8        (2) as a result of the peace officer's use of force.
9    (f) The Illinois Criminal Justice Information Authority
10may determine the manner in which the form is transmitted from
11a law enforcement agency to the Illinois Criminal Justice
12Information Authority.
13    (g) The reports shall be public records within the meaning
14of subsection (c) of Section 2 of the Freedom of Information
15Act and are open to public inspection, with the exception of
16any portion of the report that the Illinois Criminal Justice
17Information Authority determines is privileged or protected
18under Illinois or federal law.
19    (h) The Illinois Criminal Justice Information Authority
20shall make available to the public information of all
21individual reports relating to deaths in custody through the
22Illinois Criminal Justice Information Authority's website to
23be updated on a quarterly basis.
24    (i) The Illinois Criminal Justice Information Authority
25shall issue a public annual report tabulating and evaluating
26trends and information on deaths in custody, including, but not

 

 

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1limited to:
2        (1) information regarding the race, gender, sexual
3    orientation, and gender identity of the decedent; and a
4    brief description of the circumstances surrounding the
5    death;
6        (2) if the death occurred in the custody of the
7    Illinois Department of Corrections, the report shall also
8    include the jurisdiction, law enforcement agency providing
9    the investigation, and local or State facility where the
10    death occurred; and
11        (3) recommendations and State and local efforts
12    underway to reduce deaths in custody.
13    The report shall be submitted to the Governor and General
14Assembly and made available to the public on the Illinois
15Criminal Justice Information Authority's website the first
16week of February of each year.
17    (j) So that the State may oversee the healthcare provided
18to any person in the custody of each law enforcement agency
19within this State, provision of medical services to these
20persons, general care and treatment, and any other factors that
21may contribute to the death of any of these persons, the
22following information shall be made available to the public on
23the Illinois Criminal Justice Information Authority's website:
24        (1) the number of deaths that occurred during the
25    preceding calendar year;
26        (2) the known, or discoverable upon reasonable

 

 

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1    inquiry, causes and contributing factors of each of the
2    in-custody deaths as defined in subsection (b); and
3        (3) the law enforcement agency's policies, procedures,
4    and protocols related to:
5            (A) treatment of a person experiencing withdrawal
6        from alcohol or substance use;
7            (B) the facility's provision, or lack of
8        provision, of medications used to treat, mitigate, or
9        address a person's symptoms; and
10            (C) notifying an inmate's next of kin after the
11        inmate's in-custody death.
12    (k) The family, next of kin, or any other person reasonably
13nominated by the decedent as an emergency contact shall be
14notified as soon as possible in a suitable manner giving an
15accurate factual account of the cause of death and
16circumstances surrounding the death in custody in accordance
17with State and federal law.
18    (l) The law enforcement agency or correctional facility
19shall name a staff person to act as dedicated family liaison
20officer to be a point of contact for the family, to make and
21maintain contact with the family, to report ongoing
22developments and findings of investigations, and to provide
23information and practical support. If requested by the
24deceased's next of kin, the law enforcement agency or
25correctional facility shall arrange for a chaplain, counselor,
26or other suitable staff member to meet with the family and

 

 

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1discuss any faith considerations or concerns. The family has a
2right to the medical records of a family member who has died in
3custody and these records shall be disclosed to them in
4accordance with State and federal law.
5    (m) It is unlawful for a person who is required under this
6Section to investigate a death or file a report to fail to
7include in the report facts known or discovered in the
8investigation to the Illinois Criminal Justice Information
9Authority. A violation of this Section is a petty offense, with
10fine not to exceed $500.
 
11
Article 4.
12
Constitutional Rights and Remedies

 
13    Section 4-1. Short title. This Article may be cited as the
14Task Force on Constitutional Rights and Remedies Act.
15References in this Article to "this Act" mean this Article.
 
16    Section 4-5. Task Force on Constitutional Rights and
17Remedies. The Task Force on Constitutional Rights and Remedies
18is created. The purpose of the Task Force on Constitutional
19Rights and Remedies is to develop and propose policies and
20procedures to review and reform constitutional rights and
21remedies, including qualified immunity for peace officers.
 
22    Section 4-10. Task Force Members.

 

 

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1    (a) The Task Force on Constitutional Rights and Remedies
2shall be comprised of the following members:
3        (1) The president of statewide association
4    representing trial lawyers or his or her designee, the
5    executive director of a statewide association advocating
6    for the advancement of civil liberties or his or her
7    designee, a representative representing statewide labor,
8    all appointed by the Governor.
9        (2) Four members of the public appointed, one appointed
10    by each the Speaker of the House of Representatives,
11    Minority Leader of the House of Representatives, Minority
12    Leader of the House of Representatives, President of the
13    Senate, Minority Leader of the Senate.
14        (3) The president of a statewide bar association or his
15    or her designee, the executive director of a statewide
16    association representing county sheriffs or his or her
17    designee, the executive director of a statewide
18    association representing chiefs of police, a
19    representative of the Chicago Police Department, all
20    appointed by the Governor.
21        (4) The Director of the Illinois State Police or his or
22    her designee.
23        (5) The Attorney General, or his or her designee.
24        (6) A retired judge appointed by the Governor.
25        (7) one State Representative, appointed by the Speaker
26    of the House of Representatives; one State Representative,

 

 

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1    appointed by the Minority Leader of the House of
2    Representatives; one State Senator, appointed by the
3    President of the Senate; one State Senator, appointed by
4    the Minority Leader of the Senate.
5    (b) The members of the Task Force shall serve without
6compensation.
7    (c) The Illinois Criminal Justice Information Authority
8shall provide administrative and technical support to the Task
9Force and be responsible for administering its operations,
10appointing a chairperson, and ensuring that the requirements of
11the Task Force are met. The President of the Senate and the
12Speaker of the House of Representatives shall appoint
13co-chairpersons for the Task Force. The Task Force shall have
14all appointments made within 30 days of the effective date of
15this amendatory Act of the 101st General Assembly.
 
16    Section 4-15. Meetings; report.
17    (a) The Task Force shall meet at least 3 times with the
18first meeting occurring within 60 days after the effective date
19of this amendatory Act of the 101st General Assembly.
20    (b) The Task Force shall review available research, best
21practices, and effective interventions to formulate
22recommendations.
23    (c) The Task Force shall produce a report detailing the
24Task Force's findings and recommendations and needed
25resources. The Task Force shall submit a report of its findings

 

 

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1and recommendations to the General Assembly and the Governor by
2May 1, 2021.
 
3    Section 4-20. Repeal. This Act is repealed on January 1,
42022.
 
5
Article 10.
6
Amendatory Provisions

 
7    Section 10-105. The Statute on Statutes is amended by
8adding Section 1.43 as follows:
 
9    (5 ILCS 70/1.43 new)
10    Sec. 1.43. Reference to bail, bail bond, or conditions of
11bail. Whenever there is a reference in any Act to "bail", "bail
12bond", or "conditions of bail", these terms shall be construed
13as "pretrial release" or "conditions of pretrial release".
 
14    Section 10-110. The Freedom of Information Act is amended
15by changing Section 2.15 as follows:
 
16    (5 ILCS 140/2.15)
17    Sec. 2.15. Arrest reports and criminal history records.
18    (a) Arrest reports. The following chronologically
19maintained arrest and criminal history information maintained
20by State or local criminal justice agencies shall be furnished

 

 

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1as soon as practical, but in no event later than 72 hours after
2the arrest, notwithstanding the time limits otherwise provided
3for in Section 3 of this Act: (i) information that identifies
4the individual, including the name, age, address, and
5photograph, when and if available; (ii) information detailing
6any charges relating to the arrest; (iii) the time and location
7of the arrest; (iv) the name of the investigating or arresting
8law enforcement agency; (v) if the individual is incarcerated,
9the conditions of pretrial release amount of any bail or bond;
10and (vi) if the individual is incarcerated, the time and date
11that the individual was received into, discharged from, or
12transferred from the arresting agency's custody.
13    (b) Criminal history records. The following documents
14maintained by a public body pertaining to criminal history
15record information are public records subject to inspection and
16copying by the public pursuant to this Act: (i) court records
17that are public; (ii) records that are otherwise available
18under State or local law; and (iii) records in which the
19requesting party is the individual identified, except as
20provided under Section 7(1)(d)(vi).
21    (c) Information described in items (iii) through (vi) of
22subsection (a) may be withheld if it is determined that
23disclosure would: (i) interfere with pending or actually and
24reasonably contemplated law enforcement proceedings conducted
25by any law enforcement agency; (ii) endanger the life or
26physical safety of law enforcement or correctional personnel or

 

 

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1any other person; or (iii) compromise the security of any
2correctional facility.
3    (d) The provisions of this Section do not supersede the
4confidentiality provisions for law enforcement or arrest
5records of the Juvenile Court Act of 1987.
6    (e) Notwithstanding the requirements of subsection (a), a
7law enforcement agency may not publish booking photographs,
8commonly known as "mugshots", on its social networking website
9in connection with civil offenses, petty offenses, business
10offenses, Class C misdemeanors, and Class B misdemeanors unless
11the booking photograph is posted to the social networking
12website to assist in the search for a missing person or to
13assist in the search for a fugitive, person of interest, or
14individual wanted in relation to a crime other than a petty
15offense, business offense, Class C misdemeanor, or Class B
16misdemeanor. As used in this subsection, "social networking
17website" has the meaning provided in Section 10 of the Right to
18Privacy in the Workplace Act.
19(Source: P.A. 100-927, eff. 1-1-19; 101-433, eff. 8-20-19.)
 
20    Section 10-115. The State Records Act is amended by
21changing Section 4a as follows:
 
22    (5 ILCS 160/4a)
23    Sec. 4a. Arrest records and reports.
24    (a) When an individual is arrested, the following

 

 

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1information must be made available to the news media for
2inspection and copying:
3        (1) Information that identifies the individual,
4    including the name, age, address, and photograph, when and
5    if available.
6        (2) Information detailing any charges relating to the
7    arrest.
8        (3) The time and location of the arrest.
9        (4) The name of the investigating or arresting law
10    enforcement agency.
11        (5) If the individual is incarcerated, the conditions
12    of pretrial release amount of any bail or bond.
13        (6) If the individual is incarcerated, the time and
14    date that the individual was received, discharged, or
15    transferred from the arresting agency's custody.
16    (b) The information required by this Section must be made
17available to the news media for inspection and copying as soon
18as practicable, but in no event shall the time period exceed 72
19hours from the arrest. The information described in paragraphs
20(3), (4), (5), and (6) of subsection (a), however, may be
21withheld if it is determined that disclosure would:
22        (1) interfere with pending or actually and reasonably
23    contemplated law enforcement proceedings conducted by any
24    law enforcement or correctional agency;
25        (2) endanger the life or physical safety of law
26    enforcement or correctional personnel or any other person;

 

 

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1    or
2        (3) compromise the security of any correctional
3    facility.
4    (c) For the purposes of this Section, the term "news media"
5means personnel of a newspaper or other periodical issued at
6regular intervals whether in print or electronic format, a news
7service whether in print or electronic format, a radio station,
8a television station, a television network, a community antenna
9television service, or a person or corporation engaged in
10making news reels or other motion picture news for public
11showing.
12    (d) Each law enforcement or correctional agency may charge
13fees for arrest records, but in no instance may the fee exceed
14the actual cost of copying and reproduction. The fees may not
15include the cost of the labor used to reproduce the arrest
16record.
17    (e) The provisions of this Section do not supersede the
18confidentiality provisions for arrest records of the Juvenile
19Court Act of 1987.
20    (f) All information, including photographs, made available
21under this Section is subject to the provisions of Section 2QQQ
22of the Consumer Fraud and Deceptive Business Practices Act.
23    (g) Notwithstanding the requirements of subsection (a), a
24law enforcement agency may not publish booking photographs,
25commonly known as "mugshots", on its social networking website
26in connection with civil offenses, petty offenses, business

 

 

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1offenses, Class C misdemeanors, and Class B misdemeanors unless
2the booking photograph is posted to the social networking
3website to assist in the search for a missing person or to
4assist in the search for a fugitive, person of interest, or
5individual wanted in relation to a crime other than a petty
6offense, business offense, Class C misdemeanor, or Class B
7misdemeanor. As used in this subsection, "social networking
8website" has the meaning provided in Section 10 of the Right to
9Privacy in the Workplace Act.
10(Source: P.A. 101-433, eff. 8-20-19.)
 
11    Section 10-116. The Illinois Public Labor Relations Act is
12amended by changing Section 14 as follows:
 
13    (5 ILCS 315/14)  (from Ch. 48, par. 1614)
14    Sec. 14. Security employee, peace officer and fire fighter
15disputes.
16    (a) In the case of collective bargaining agreements
17involving units of security employees of a public employer,
18Peace Officer Units, or units of fire fighters or paramedics,
19and in the case of disputes under Section 18, unless the
20parties mutually agree to some other time limit, mediation
21shall commence 30 days prior to the expiration date of such
22agreement or at such later time as the mediation services
23chosen under subsection (b) of Section 12 can be provided to
24the parties. In the case of negotiations for an initial

 

 

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1collective bargaining agreement, mediation shall commence upon
215 days notice from either party or at such later time as the
3mediation services chosen pursuant to subsection (b) of Section
412 can be provided to the parties. In mediation under this
5Section, if either party requests the use of mediation services
6from the Federal Mediation and Conciliation Service, the other
7party shall either join in such request or bear the additional
8cost of mediation services from another source. The mediator
9shall have a duty to keep the Board informed on the progress of
10the mediation. If any dispute has not been resolved within 15
11days after the first meeting of the parties and the mediator,
12or within such other time limit as may be mutually agreed upon
13by the parties, either the exclusive representative or employer
14may request of the other, in writing, arbitration, and shall
15submit a copy of the request to the Board.
16    (b) Within 10 days after such a request for arbitration has
17been made, the employer shall choose a delegate and the
18employees' exclusive representative shall choose a delegate to
19a panel of arbitration as provided in this Section. The
20employer and employees shall forthwith advise the other and the
21Board of their selections.
22    (c) Within 7 days after the request of either party, the
23parties shall request a panel of impartial arbitrators from
24which they shall select the neutral chairman according to the
25procedures provided in this Section. If the parties have agreed
26to a contract that contains a grievance resolution procedure as

 

 

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1provided in Section 8, the chairman shall be selected using
2their agreed contract procedure unless they mutually agree to
3another procedure. If the parties fail to notify the Board of
4their selection of neutral chairman within 7 days after receipt
5of the list of impartial arbitrators, the Board shall appoint,
6at random, a neutral chairman from the list. In the absence of
7an agreed contract procedure for selecting an impartial
8arbitrator, either party may request a panel from the Board.
9Within 7 days of the request of either party, the Board shall
10select from the Public Employees Labor Mediation Roster 7
11persons who are on the labor arbitration panels of either the
12American Arbitration Association or the Federal Mediation and
13Conciliation Service, or who are members of the National
14Academy of Arbitrators, as nominees for impartial arbitrator of
15the arbitration panel. The parties may select an individual on
16the list provided by the Board or any other individual mutually
17agreed upon by the parties. Within 7 days following the receipt
18of the list, the parties shall notify the Board of the person
19they have selected. Unless the parties agree on an alternate
20selection procedure, they shall alternatively strike one name
21from the list provided by the Board until only one name
22remains. A coin toss shall determine which party shall strike
23the first name. If the parties fail to notify the Board in a
24timely manner of their selection for neutral chairman, the
25Board shall appoint a neutral chairman from the Illinois Public
26Employees Mediation/Arbitration Roster.

 

 

10100SB1968ham001- 23 -LRB101 08002 RLC 74920 a

1    (d) The chairman shall call a hearing to begin within 15
2days and give reasonable notice of the time and place of the
3hearing. The hearing shall be held at the offices of the Board
4or at such other location as the Board deems appropriate. The
5chairman shall preside over the hearing and shall take
6testimony. Any oral or documentary evidence and other data
7deemed relevant by the arbitration panel may be received in
8evidence. The proceedings shall be informal. Technical rules of
9evidence shall not apply and the competency of the evidence
10shall not thereby be deemed impaired. A verbatim record of the
11proceedings shall be made and the arbitrator shall arrange for
12the necessary recording service. Transcripts may be ordered at
13the expense of the party ordering them, but the transcripts
14shall not be necessary for a decision by the arbitration panel.
15The expense of the proceedings, including a fee for the
16chairman, shall be borne equally by each of the parties to the
17dispute. The delegates, if public officers or employees, shall
18continue on the payroll of the public employer without loss of
19pay. The hearing conducted by the arbitration panel may be
20adjourned from time to time, but unless otherwise agreed by the
21parties, shall be concluded within 30 days of the time of its
22commencement. Majority actions and rulings shall constitute
23the actions and rulings of the arbitration panel. Arbitration
24proceedings under this Section shall not be interrupted or
25terminated by reason of any unfair labor practice charge filed
26by either party at any time.

 

 

10100SB1968ham001- 24 -LRB101 08002 RLC 74920 a

1    (e) The arbitration panel may administer oaths, require the
2attendance of witnesses, and the production of such books,
3papers, contracts, agreements and documents as may be deemed by
4it material to a just determination of the issues in dispute,
5and for such purpose may issue subpoenas. If any person refuses
6to obey a subpoena, or refuses to be sworn or to testify, or if
7any witness, party or attorney is guilty of any contempt while
8in attendance at any hearing, the arbitration panel may, or the
9attorney general if requested shall, invoke the aid of any
10circuit court within the jurisdiction in which the hearing is
11being held, which court shall issue an appropriate order. Any
12failure to obey the order may be punished by the court as
13contempt.
14    (f) At any time before the rendering of an award, the
15chairman of the arbitration panel, if he is of the opinion that
16it would be useful or beneficial to do so, may remand the
17dispute to the parties for further collective bargaining for a
18period not to exceed 2 weeks. If the dispute is remanded for
19further collective bargaining the time provisions of this Act
20shall be extended for a time period equal to that of the
21remand. The chairman of the panel of arbitration shall notify
22the Board of the remand.
23    (g) At or before the conclusion of the hearing held
24pursuant to subsection (d), the arbitration panel shall
25identify the economic issues in dispute, and direct each of the
26parties to submit, within such time limit as the panel shall

 

 

10100SB1968ham001- 25 -LRB101 08002 RLC 74920 a

1prescribe, to the arbitration panel and to each other its last
2offer of settlement on each economic issue. The determination
3of the arbitration panel as to the issues in dispute and as to
4which of these issues are economic shall be conclusive. The
5arbitration panel, within 30 days after the conclusion of the
6hearing, or such further additional periods to which the
7parties may agree, shall make written findings of fact and
8promulgate a written opinion and shall mail or otherwise
9deliver a true copy thereof to the parties and their
10representatives and to the Board. As to each economic issue,
11the arbitration panel shall adopt the last offer of settlement
12which, in the opinion of the arbitration panel, more nearly
13complies with the applicable factors prescribed in subsection
14(h). The findings, opinions and order as to all other issues
15shall be based upon the applicable factors prescribed in
16subsection (h).
17    (h) Where there is no agreement between the parties, or
18where there is an agreement but the parties have begun
19negotiations or discussions looking to a new agreement or
20amendment of the existing agreement, and wage rates or other
21conditions of employment under the proposed new or amended
22agreement are in dispute, the arbitration panel shall base its
23findings, opinions and order upon the following factors, as
24applicable:
25        (1) The lawful authority of the employer.
26        (2) Stipulations of the parties.

 

 

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1        (3) The interests and welfare of the public and the
2    financial ability of the unit of government to meet those
3    costs.
4        (4) Comparison of the wages, hours and conditions of
5    employment of the employees involved in the arbitration
6    proceeding with the wages, hours and conditions of
7    employment of other employees performing similar services
8    and with other employees generally:
9            (A) In public employment in comparable
10        communities.
11            (B) In private employment in comparable
12        communities.
13        (5) The average consumer prices for goods and services,
14    commonly known as the cost of living.
15        (6) The overall compensation presently received by the
16    employees, including direct wage compensation, vacations,
17    holidays and other excused time, insurance and pensions,
18    medical and hospitalization benefits, the continuity and
19    stability of employment and all other benefits received.
20        (7) Changes in any of the foregoing circumstances
21    during the pendency of the arbitration proceedings.
22        (8) Such other factors, not confined to the foregoing,
23    which are normally or traditionally taken into
24    consideration in the determination of wages, hours and
25    conditions of employment through voluntary collective
26    bargaining, mediation, fact-finding, arbitration or

 

 

10100SB1968ham001- 27 -LRB101 08002 RLC 74920 a

1    otherwise between the parties, in the public service or in
2    private employment.
3    (i) In the case of peace officers, the arbitration decision
4shall be limited to wages, hours, and conditions of employment
5(which may include residency requirements in municipalities
6with a population under 100,000 1,000,000, but those residency
7requirements shall not allow residency outside of Illinois) and
8shall not include the following: i) residency requirements in
9municipalities with a population of at least 100,000 1,000,000;
10ii) the type of equipment, other than uniforms, issued or used;
11iii) manning; iv) the total number of employees employed by the
12department; v) mutual aid and assistance agreements to other
13units of government; and vi) the criterion pursuant to which
14force, including deadly force, can be used; provided, nothing
15herein shall preclude an arbitration decision regarding
16equipment or manning levels if such decision is based on a
17finding that the equipment or manning considerations in a
18specific work assignment involve a serious risk to the safety
19of a peace officer beyond that which is inherent in the normal
20performance of police duties. Limitation of the terms of the
21arbitration decision pursuant to this subsection shall not be
22construed to limit the factors upon which the decision may be
23based, as set forth in subsection (h).
24    In the case of fire fighter, and fire department or fire
25district paramedic matters, the arbitration decision shall be
26limited to wages, hours, and conditions of employment

 

 

10100SB1968ham001- 28 -LRB101 08002 RLC 74920 a

1(including manning and also including residency requirements
2in municipalities with a population under 1,000,000, but those
3residency requirements shall not allow residency outside of
4Illinois) and shall not include the following matters: i)
5residency requirements in municipalities with a population of
6at least 1,000,000; ii) the type of equipment (other than
7uniforms and fire fighter turnout gear) issued or used; iii)
8the total number of employees employed by the department; iv)
9mutual aid and assistance agreements to other units of
10government; and v) the criterion pursuant to which force,
11including deadly force, can be used; provided, however, nothing
12herein shall preclude an arbitration decision regarding
13equipment levels if such decision is based on a finding that
14the equipment considerations in a specific work assignment
15involve a serious risk to the safety of a fire fighter beyond
16that which is inherent in the normal performance of fire
17fighter duties. Limitation of the terms of the arbitration
18decision pursuant to this subsection shall not be construed to
19limit the facts upon which the decision may be based, as set
20forth in subsection (h).
21    The changes to this subsection (i) made by Public Act
2290-385 (relating to residency requirements) do not apply to
23persons who are employed by a combined department that performs
24both police and firefighting services; these persons shall be
25governed by the provisions of this subsection (i) relating to
26peace officers, as they existed before the amendment by Public

 

 

10100SB1968ham001- 29 -LRB101 08002 RLC 74920 a

1Act 90-385.
2    To preserve historical bargaining rights, this subsection
3shall not apply to any provision of a fire fighter collective
4bargaining agreement in effect and applicable on the effective
5date of this Act; provided, however, nothing herein shall
6preclude arbitration with respect to any such provision.
7    (j) Arbitration procedures shall be deemed to be initiated
8by the filing of a letter requesting mediation as required
9under subsection (a) of this Section. The commencement of a new
10municipal fiscal year after the initiation of arbitration
11procedures under this Act, but before the arbitration decision,
12or its enforcement, shall not be deemed to render a dispute
13moot, or to otherwise impair the jurisdiction or authority of
14the arbitration panel or its decision. Increases in rates of
15compensation awarded by the arbitration panel may be effective
16only at the start of the fiscal year next commencing after the
17date of the arbitration award. If a new fiscal year has
18commenced either since the initiation of arbitration
19procedures under this Act or since any mutually agreed
20extension of the statutorily required period of mediation under
21this Act by the parties to the labor dispute causing a delay in
22the initiation of arbitration, the foregoing limitations shall
23be inapplicable, and such awarded increases may be retroactive
24to the commencement of the fiscal year, any other statute or
25charter provisions to the contrary, notwithstanding. At any
26time the parties, by stipulation, may amend or modify an award

 

 

10100SB1968ham001- 30 -LRB101 08002 RLC 74920 a

1of arbitration.
2    (k) Orders of the arbitration panel shall be reviewable,
3upon appropriate petition by either the public employer or the
4exclusive bargaining representative, by the circuit court for
5the county in which the dispute arose or in which a majority of
6the affected employees reside, but only for reasons that the
7arbitration panel was without or exceeded its statutory
8authority; the order is arbitrary, or capricious; or the order
9was procured by fraud, collusion or other similar and unlawful
10means. Such petitions for review must be filed with the
11appropriate circuit court within 90 days following the issuance
12of the arbitration order. The pendency of such proceeding for
13review shall not automatically stay the order of the
14arbitration panel. The party against whom the final decision of
15any such court shall be adverse, if such court finds such
16appeal or petition to be frivolous, shall pay reasonable
17attorneys' fees and costs to the successful party as determined
18by said court in its discretion. If said court's decision
19affirms the award of money, such award, if retroactive, shall
20bear interest at the rate of 12 percent per annum from the
21effective retroactive date.
22    (l) During the pendency of proceedings before the
23arbitration panel, existing wages, hours, and other conditions
24of employment shall not be changed by action of either party
25without the consent of the other but a party may so consent
26without prejudice to his rights or position under this Act. The

 

 

10100SB1968ham001- 31 -LRB101 08002 RLC 74920 a

1proceedings are deemed to be pending before the arbitration
2panel upon the initiation of arbitration procedures under this
3Act.
4    (m) Security officers of public employers, and Peace
5Officers, Fire Fighters and fire department and fire protection
6district paramedics, covered by this Section may not withhold
7services, nor may public employers lock out or prevent such
8employees from performing services at any time.
9    (n) All of the terms decided upon by the arbitration panel
10shall be included in an agreement to be submitted to the public
11employer's governing body for ratification and adoption by law,
12ordinance or the equivalent appropriate means.
13    The governing body shall review each term decided by the
14arbitration panel. If the governing body fails to reject one or
15more terms of the arbitration panel's decision by a 3/5 vote of
16those duly elected and qualified members of the governing body,
17within 20 days of issuance, or in the case of firefighters
18employed by a state university, at the next regularly scheduled
19meeting of the governing body after issuance, such term or
20terms shall become a part of the collective bargaining
21agreement of the parties. If the governing body affirmatively
22rejects one or more terms of the arbitration panel's decision,
23it must provide reasons for such rejection with respect to each
24term so rejected, within 20 days of such rejection and the
25parties shall return to the arbitration panel for further
26proceedings and issuance of a supplemental decision with

 

 

10100SB1968ham001- 32 -LRB101 08002 RLC 74920 a

1respect to the rejected terms. Any supplemental decision by an
2arbitration panel or other decision maker agreed to by the
3parties shall be submitted to the governing body for
4ratification and adoption in accordance with the procedures and
5voting requirements set forth in this Section. The voting
6requirements of this subsection shall apply to all disputes
7submitted to arbitration pursuant to this Section
8notwithstanding any contrary voting requirements contained in
9any existing collective bargaining agreement between the
10parties.
11    (o) If the governing body of the employer votes to reject
12the panel's decision, the parties shall return to the panel
13within 30 days from the issuance of the reasons for rejection
14for further proceedings and issuance of a supplemental
15decision. All reasonable costs of such supplemental proceeding
16including the exclusive representative's reasonable attorney's
17fees, as established by the Board, shall be paid by the
18employer.
19    (p) Notwithstanding the provisions of this Section the
20employer and exclusive representative may agree to submit
21unresolved disputes concerning wages, hours, terms and
22conditions of employment to an alternative form of impasse
23resolution.
24(Source: P.A. 98-535, eff. 1-1-14; 98-1151, eff. 1-7-15.)
 
25    Section 10-116.5. The Community-Law Enforcement

 

 

10100SB1968ham001- 33 -LRB101 08002 RLC 74920 a

1Partnership for Deflection and Substance Use Disorder
2Treatment Act is amended by changing Sections 1, 5, 10, 15, 20,
330, and 35 and by adding Section 21 as follows:
 
4    (5 ILCS 820/1)
5    Sec. 1. Short title. This Act may be cited as the
6Community-Law Enforcement and Other First Responder
7Partnership for Deflection and Substance Use Disorder
8Treatment Act.
9(Source: P.A. 100-1025, eff. 1-1-19.)
 
10    (5 ILCS 820/5)
11    Sec. 5. Purposes. The General Assembly hereby acknowledges
12that opioid use disorders, overdoses, and deaths in Illinois
13are persistent and growing concerns for Illinois communities.
14These concerns compound existing challenges to adequately
15address and manage substance use and mental health disorders.
16Law enforcement officers, other first responders, and
17co-responders have a unique opportunity to facilitate
18connections to community-based behavioral health interventions
19that provide substance use treatment and can help save and
20restore lives; help reduce drug use, overdose incidence,
21criminal offending, and recidivism; and help prevent arrest and
22conviction records that destabilize health, families, and
23opportunities for community citizenship and self-sufficiency.
24These efforts are bolstered when pursued in partnership with

 

 

10100SB1968ham001- 34 -LRB101 08002 RLC 74920 a

1licensed behavioral health treatment providers and community
2members or organizations. It is the intent of the General
3Assembly to authorize law enforcement and other first
4responders to develop and implement collaborative deflection
5programs in Illinois that offer immediate pathways to substance
6use treatment and other services as an alternative to
7traditional case processing and involvement in the criminal
8justice system, and to unnecessary admission to emergency
9departments.
10(Source: P.A. 100-1025, eff. 1-1-19.)
 
11    (5 ILCS 820/10)
12    Sec. 10. Definitions. In this Act:
13    "Case management" means those services which will assist
14persons in gaining access to needed social, educational,
15medical, substance use and mental health treatment, and other
16services.
17    "Community member or organization" means an individual
18volunteer, resident, public office, or a not-for-profit
19organization, religious institution, charitable organization,
20or other public body committed to the improvement of individual
21and family mental and physical well-being and the overall
22social welfare of the community, and may include persons with
23lived experience in recovery from substance use disorder,
24either themselves or as family members.
25    "Other first responder" means and includes emergency

 

 

10100SB1968ham001- 35 -LRB101 08002 RLC 74920 a

1medical services providers that are public units of government,
2fire departments and districts, and officials and responders
3representing and employed by these entities.
4    "Deflection program" means a program in which a peace
5officer or member of a law enforcement agency or other first
6responder facilitates contact between an individual and a
7licensed substance use treatment provider or clinician for
8assessment and coordination of treatment planning, including
9co-responder approaches that incorporate behavioral health,
10peer, or social work professionals with law enforcement or
11other first responders at the scene. This facilitation includes
12defined criteria for eligibility and communication protocols
13agreed to by the law enforcement agency or other first
14responder entity and the licensed treatment provider for the
15purpose of providing substance use treatment to those persons
16in lieu of arrest or further justice system involvement, or
17unnecessary admissions to the emergency department. Deflection
18programs may include, but are not limited to, the following
19types of responses:
20        (1) a post-overdose deflection response initiated by a
21    peace officer or law enforcement agency subsequent to
22    emergency administration of medication to reverse an
23    overdose, or in cases of severe substance use disorder with
24    acute risk for overdose;
25        (2) a self-referral deflection response initiated by
26    an individual by contacting a peace officer or law

 

 

10100SB1968ham001- 36 -LRB101 08002 RLC 74920 a

1    enforcement agency or other first responder in the
2    acknowledgment of their substance use or disorder;
3        (3) an active outreach deflection response initiated
4    by a peace officer or law enforcement agency or other first
5    responder as a result of proactive identification of
6    persons thought likely to have a substance use disorder;
7        (4) an officer or other first responder prevention
8    deflection response initiated by a peace officer or law
9    enforcement agency in response to a community call when no
10    criminal charges are present; and
11        (5) an officer intervention deflection response when
12    criminal charges are present but held in abeyance pending
13    engagement with treatment.
14    "Law enforcement agency" means a municipal police
15department or county sheriff's office of this State, the
16Department of State Police, or other law enforcement agency
17whose officers, by statute, are granted and authorized to
18exercise powers similar to those conferred upon any peace
19officer employed by a law enforcement agency of this State.
20    "Licensed treatment provider" means an organization
21licensed by the Department of Human Services to perform an
22activity or service, or a coordinated range of those activities
23or services, as the Department of Human Services may establish
24by rule, such as the broad range of emergency, outpatient,
25intensive outpatient, and residential services and care,
26including assessment, diagnosis, case management, medical,

 

 

10100SB1968ham001- 37 -LRB101 08002 RLC 74920 a

1psychiatric, psychological and social services,
2medication-assisted treatment, care and counseling, and
3recovery support, which may be extended to persons to assess or
4treat substance use disorder or to families of those persons.
5    "Peace officer" means any peace officer or member of any
6duly organized State, county, or municipal peace officer unit,
7any police force of another State, or any police force whose
8members, by statute, are granted and authorized to exercise
9powers similar to those conferred upon any peace officer
10employed by a law enforcement agency of this State.
11    "Substance use disorder" means a pattern of use of alcohol
12or other drugs leading to clinical or functional impairment, in
13accordance with the definition in the Diagnostic and
14Statistical Manual of Mental Disorders (DSM-5), or in any
15subsequent editions.
16    "Treatment" means the broad range of emergency,
17outpatient, intensive outpatient, and residential services and
18care (including assessment, diagnosis, case management,
19medical, psychiatric, psychological and social services,
20medication-assisted treatment, care and counseling, and
21recovery support) which may be extended to persons who have
22substance use disorders, persons with mental illness, or
23families of those persons.
24(Source: P.A. 100-1025, eff. 1-1-19.)
 
25    (5 ILCS 820/15)

 

 

10100SB1968ham001- 38 -LRB101 08002 RLC 74920 a

1    Sec. 15. Authorization.
2    (a) Any law enforcement agency or other first responder
3entity may establish a deflection program subject to the
4provisions of this Act in partnership with one or more licensed
5providers of substance use disorder treatment services and one
6or more community members or organizations. Programs
7established by another first responder entity shall also
8include a law enforcement agency.
9    (b) The deflection program may involve a post-overdose
10deflection response, a self-referral deflection response, an
11active outreach deflection response, an officer or other first
12responder prevention deflection response, or an officer
13intervention deflection response, or any combination of those.
14    (c) Nothing shall preclude the General Assembly from adding
15other responses to a deflection program, or preclude a law
16enforcement agency or other first responder entity from
17developing a deflection program response based on a model
18unique and responsive to local issues, substance use or mental
19health needs, and partnerships, using sound and promising or
20evidence-based practices.
21    (c-5) Whenever appropriate and available, case management
22should be provided by a licensed treatment provider or other
23appropriate provider and may include peer recovery support
24approaches.
25    (d) To receive funding for activities as described in
26Section 35 of this Act, planning for the deflection program

 

 

10100SB1968ham001- 39 -LRB101 08002 RLC 74920 a

1shall include:
2        (1) the involvement of one or more licensed treatment
3    programs and one or more community members or
4    organizations; and
5        (2) an agreement with the Illinois Criminal Justice
6    Information Authority to collect and evaluate relevant
7    statistical data related to the program, as established by
8    the Illinois Criminal Justice Information Authority in
9    paragraph (2) of subsection (a) of Section 25 of this Act.
10        (3) an agreement with participating licensed treatment
11    providers authorizing the release of statistical data to
12    the Illinois Criminal Justice Information Authority, in
13    compliance with State and Federal law, as established by
14    the Illinois Criminal Justice Information Authority in
15    paragraph (2) of subsection (a) of Section 25 of this Act.
16(Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
17    (5 ILCS 820/20)
18    Sec. 20. Procedure. The law enforcement agency or other
19first responder entity, licensed treatment providers, and
20community members or organizations shall establish a local
21deflection program plan that includes protocols and procedures
22for participant identification, screening or assessment,
23treatment facilitation, reporting, and ongoing involvement of
24the law enforcement agency. Licensed substance use disorder
25treatment organizations shall adhere to 42 CFR Part 2 regarding

 

 

10100SB1968ham001- 40 -LRB101 08002 RLC 74920 a

1confidentiality regulations for information exchange or
2release. Substance use disorder treatment services shall
3adhere to all regulations specified in Department of Human
4Services Administrative Rules, Parts 2060 and 2090.
5(Source: P.A. 100-1025, eff. 1-1-19.)
 
6    (5 ILCS 820/21 new)
7    Sec. 21. Training. The law enforcement agency or other
8first responder entity in programs that receive funding for
9services under Section 35 of this Act shall and that receive
10training under subsection (a.1) of Section 35 shall be trained
11in:
12        (a)Neuroscience of Addiction for Law Enforcement;
13        (b)Medication-Assisted Treatment;
14        (c)Criminogenic Risk-Need for Health and Safety;
15        (d)Why Drug Treatment Works?;
16        (e)Eliminating Stigma for People with Substance-Use
17    Disorders and Mental Health;
18        (f)Avoiding Racial Bias in Deflection Program;
19        (g)Promotion Racial and Gender Equity in Deflection;
20        (h)Working With Community Partnerships; and
21        (i)Deflection in Rural Communities.
 
22    (5 ILCS 820/30)
23    Sec. 30. Exemption from civil liability. The law
24enforcement agency or peace officer or other first responder

 

 

10100SB1968ham001- 41 -LRB101 08002 RLC 74920 a

1acting in good faith shall not, as the result of acts or
2omissions in providing services under Section 15 of this Act,
3be liable for civil damages, unless the acts or omissions
4constitute willful and wanton misconduct.
5(Source: P.A. 100-1025, eff. 1-1-19.)
 
6    (5 ILCS 820/35)
7    Sec. 35. Funding.
8    (a) The General Assembly may appropriate funds to the
9Illinois Criminal Justice Information Authority for the
10purpose of funding law enforcement agencies or other first
11responder entities for services provided by deflection program
12partners as part of deflection programs subject to subsection
13(d) of Section 15 of this Act.
14    (a.1) Up to 10 percent of appropriated funds may be
15expended on activities related to knowledge dissemination,
16training, technical assistance, or other similar activities
17intended to increase practitioner and public awareness of
18deflection and/or to support its implementation. The Illinois
19Criminal Justice Information Authority may adopt guidelines
20and requirements to direct the distribution of funds for these
21activities.
22    (b) For all appropriated funds not distributed under
23subsection a.1, the The Illinois Criminal Justice Information
24Authority may adopt guidelines and requirements to direct the
25distribution of funds for expenses related to deflection

 

 

10100SB1968ham001- 42 -LRB101 08002 RLC 74920 a

1programs. Funding shall be made available to support both new
2and existing deflection programs in a broad spectrum of
3geographic regions in this State, including urban, suburban,
4and rural communities. Funding for deflection programs shall be
5prioritized for communities that have been impacted by the war
6on drugs, communities that have a police/community relations
7issue, and communities that have a disproportionate lack of
8access to mental health and drug treatment. Activities eligible
9for funding under this Act may include, but are not limited to,
10the following:
11        (1) activities related to program administration,
12    coordination, or management, including, but not limited
13    to, the development of collaborative partnerships with
14    licensed treatment providers and community members or
15    organizations; collection of program data; or monitoring
16    of compliance with a local deflection program plan;
17        (2) case management including case management provided
18    prior to assessment, diagnosis, and engagement in
19    treatment, as well as assistance navigating and gaining
20    access to various treatment modalities and support
21    services;
22        (3) peer recovery or recovery support services that
23    include the perspectives of persons with the experience of
24    recovering from a substance use disorder, either
25    themselves or as family members;
26        (4) transportation to a licensed treatment provider or

 

 

10100SB1968ham001- 43 -LRB101 08002 RLC 74920 a

1    other program partner location;
2        (5) program evaluation activities.
3        (6) naloxone and related supplies necessary for
4    carrying out overdose reversal for purposes of
5    distribution to program participants or for use by law
6    enforcement or other first responders; and
7        (7) treatment necessary to prevent gaps in service
8    delivery between linkage and coverage by other funding
9    sources when otherwise non-reimbursable.
10    (c) Specific linkage agreements with recovery support
11services or self-help entities may be a requirement of the
12program services protocols. All deflection programs shall
13encourage the involvement of key family members and significant
14others as a part of a family-based approach to treatment. All
15deflection programs are encouraged to use evidence-based
16practices and outcome measures in the provision of substance
17use disorder treatment and medication-assisted treatment for
18persons with opioid use disorders.
19(Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
20    Section 10-116.7. The Attorney General Act is amended by
21adding Section 10 as follows:
 
22    (15 ILCS 205/10 new)
23    Sec. 10. Executive officers.
24    (a) As used in this Section:

 

 

10100SB1968ham001- 44 -LRB101 08002 RLC 74920 a

1        (1)"Governmental authority" means any local
2    governmental unit in this State, any municipal corporation
3    in this State, or any governmental unit of the State of
4    Illinois. This includes any office, officer, department,
5    division, bureau, board, commission, or agency of the
6    State.
7        (2) "Officer" means any probationary law enforcement
8    officer, probationary part-time law enforcement officer,
9    permanent law enforcement officer, part-time law
10    enforcement officer, law enforcement officer, recruit,
11    probationary county corrections officer, permanent county
12    corrections officer, county corrections officer,
13    probationary court security officer, permanent court
14    security officer, or court security officer as defined in
15    Section 2 of the Police Training Act.
16    (b) No governmental authority, or agent of a governmental
17authority, or person acting on behalf of a governmental
18authority, shall engage in a pattern or practice of conduct by
19officers that deprives any person of rights, privileges, or
20immunities secured or protected by the Constitution or laws of
21the United States or by the Constitution or laws of Illinois.
22    (c) Whenever the Illinois Attorney General has reasonable
23cause to believe that a violation of subsection (b) has
24occurred, the Illinois Attorney General may commence a civil
25action in the name of the People of the State to obtain
26appropriate equitable and declaratory relief to eliminate the

 

 

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1pattern or practice. Venue for this civil action shall be
2Sangamon County or Cook County. Such actions shall be commenced
3no later than 5 years after the occurrence or the termination
4of an alleged violation, whichever occurs last.
5    (d) Prior to initiating a civil action, the Attorney
6General may conduct a preliminary investigation to determine
7whether there is reasonable cause to believe that a violation
8of subsection (b) has occurred. In conducting this
9investigation, the Attorney General may:
10        (1) require the individual or entity to file a
11    statement or report in writing under oath or otherwise, as
12    to all information the Attorney General may consider
13    necessary;
14        (2) examine under oath any person alleged to have
15    participated in or with knowledge of the alleged pattern
16    and practice violation; or
17        (3) issue subpoenas or conduct hearings in aid of any
18    investigation.
19    (e) Service by the Attorney General of any notice requiring
20a person to file a statement or report, or of a subpoena upon
21any person, shall be made:
22        (1) personally by delivery of a duly executed copy
23    thereof to the person to be served or, if a person is not a
24    natural person, in the manner provided in the Code of Civil
25    Procedure when a complaint is filed; or
26        (2) by mailing by certified mail a duly executed copy

 

 

10100SB1968ham001- 46 -LRB101 08002 RLC 74920 a

1    thereof to the person to be served at his or her last known
2    abode or principal place of business within this State or,
3    if a person is not a natural person, in the manner provided
4    in the Code of Civil Procedure when a complaint is filed.
5        (3) The Attorney General may compel compliance with
6    investigative demands under this Section through an order
7    by any court of competent jurisdiction.
8    (f)(1) In any civil action brought pursuant to subsection
9(c) of this Section, the Attorney General may obtain as a
10remedy equitable and declaratory relief (including any
11permanent or preliminary injunction, temporary restraining
12order, or other order, including an order enjoining the
13defendant from engaging in such violation or ordering any
14action as may be appropriate). In addition, the Attorney
15General may request and the Court may impose a civil penalty to
16vindicate the public interest in an amount not exceeding
17$25,000 per violation, or if the defendant has been adjudged to
18have committed one other civil rights violation under this
19Section within 5 years of the occurrence of the violation that
20is the basis of the complaint, in an amount not exceeding
21$50,000.
22    (2) A civil penalty imposed under this subsection shall be
23deposited into the Attorney General Court Ordered and Voluntary
24Compliance Payment Projects Fund, which is a special fund in
25the State Treasury. Moneys in the Fund shall be used, subject
26to appropriation, for the performance of any function

 

 

10100SB1968ham001- 47 -LRB101 08002 RLC 74920 a

1pertaining to the exercise of the duties of the Attorney
2General including but not limited to enforcement of any law of
3this State and conducting public education programs; however,
4any moneys in the Fund that are required by the court or by an
5agreement to be used for a particular purpose shall be used for
6that purpose.
 
7    Section 10-120. The Department of State Police Law of the
8Civil Administrative Code of Illinois is amended by changing
9Section 2605-302 as follows:
 
10    (20 ILCS 2605/2605-302)  (was 20 ILCS 2605/55a in part)
11    Sec. 2605-302. Arrest reports.
12    (a) When an individual is arrested, the following
13information must be made available to the news media for
14inspection and copying:
15        (1) Information that identifies the individual,
16    including the name, age, address, and photograph, when and
17    if available.
18        (2) Information detailing any charges relating to the
19    arrest.
20        (3) The time and location of the arrest.
21        (4) The name of the investigating or arresting law
22    enforcement agency.
23        (5) If the individual is incarcerated, the conditions
24    of pretrial release amount of any bail or bond.

 

 

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1        (6) If the individual is incarcerated, the time and
2    date that the individual was received, discharged, or
3    transferred from the arresting agency's custody.
4    (b) The information required by this Section must be made
5available to the news media for inspection and copying as soon
6as practicable, but in no event shall the time period exceed 72
7hours from the arrest. The information described in items (3),
8(4), (5), and (6) of subsection (a), however, may be withheld
9if it is determined that disclosure would (i) interfere with
10pending or actually and reasonably contemplated law
11enforcement proceedings conducted by any law enforcement or
12correctional agency; (ii) endanger the life or physical safety
13of law enforcement or correctional personnel or any other
14person; or (iii) compromise the security of any correctional
15facility.
16    (c) For the purposes of this Section, the term "news media"
17means personnel of a newspaper or other periodical issued at
18regular intervals whether in print or electronic format, a news
19service whether in print or electronic format, a radio station,
20a television station, a television network, a community antenna
21television service, or a person or corporation engaged in
22making news reels or other motion picture news for public
23showing.
24    (d) Each law enforcement or correctional agency may charge
25fees for arrest records, but in no instance may the fee exceed
26the actual cost of copying and reproduction. The fees may not

 

 

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1include the cost of the labor used to reproduce the arrest
2record.
3    (e) The provisions of this Section do not supersede the
4confidentiality provisions for arrest records of the Juvenile
5Court Act of 1987.
6(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;
7incorporates 92-335, eff. 8-10-01; 92-651, eff. 7-11-02.)
 
8    Section 10-125. The State Police Act is amended by changing
9Section 14 and by adding Section 17c as follows:
 
10    (20 ILCS 2610/14)  (from Ch. 121, par. 307.14)
11    Sec. 14. Except as is otherwise provided in this Act, no
12Department of State Police officer shall be removed, demoted or
13suspended except for cause, upon written charges filed with the
14Board by the Director and a hearing before the Board thereon
15upon not less than 10 days' notice at a place to be designated
16by the chairman thereof. At such hearing, the accused shall be
17afforded full opportunity to be heard in his or her own defense
18and to produce proof in his or her defense. It shall not be a
19requirement of a person Anyone filing a complaint against a
20State Police Officer to must have a the complaint supported by
21a sworn affidavit or any other legal documentation. This ban on
22an affidavit requirement shall apply to any collective
23bargaining agreements entered after the effective date of this
24provision. Any such complaint, having been supported by a sworn

 

 

10100SB1968ham001- 50 -LRB101 08002 RLC 74920 a

1affidavit, and having been found, in total or in part, to
2contain false information, shall be presented to the
3appropriate State's Attorney for a determination of
4prosecution.
5    Before any such officer may be interrogated or examined by
6or before the Board, or by a departmental agent or investigator
7specifically assigned to conduct an internal investigation,
8the results of which hearing, interrogation or examination may
9be the basis for filing charges seeking his or her suspension
10for more than 15 days or his or her removal or discharge, he or
11she shall be advised in writing as to what specific improper or
12illegal act he or she is alleged to have committed; he or she
13shall be advised in writing that his or her admissions made in
14the course of the hearing, interrogation or examination may be
15used as the basis for charges seeking his or her suspension,
16removal or discharge; and he or she shall be advised in writing
17that he or she has a right to counsel of his or her choosing,
18who may be present to advise him or her at any hearing,
19interrogation or examination. A complete record of any hearing,
20interrogation or examination shall be made, and a complete
21transcript or electronic recording thereof shall be made
22available to such officer without charge and without delay.
23    The Board shall have the power to secure by its subpoena
24both the attendance and testimony of witnesses and the
25production of books and papers in support of the charges and
26for the defense. Each member of the Board or a designated

 

 

10100SB1968ham001- 51 -LRB101 08002 RLC 74920 a

1hearing officer shall have the power to administer oaths or
2affirmations. If the charges against an accused are established
3by a preponderance of evidence, the Board shall make a finding
4of guilty and order either removal, demotion, suspension for a
5period of not more than 180 days, or such other disciplinary
6punishment as may be prescribed by the rules and regulations of
7the Board which, in the opinion of the members thereof, the
8offense merits. Thereupon the Director shall direct such
9removal or other punishment as ordered by the Board and if the
10accused refuses to abide by any such disciplinary order, the
11Director shall remove him or her forthwith.
12    If the accused is found not guilty or has served a period
13of suspension greater than prescribed by the Board, the Board
14shall order that the officer receive compensation for the
15period involved. The award of compensation shall include
16interest at the rate of 7% per annum.
17    The Board may include in its order appropriate sanctions
18based upon the Board's rules and regulations. If the Board
19finds that a party has made allegations or denials without
20reasonable cause or has engaged in frivolous litigation for the
21purpose of delay or needless increase in the cost of
22litigation, it may order that party to pay the other party's
23reasonable expenses, including costs and reasonable attorney's
24fees. The State of Illinois and the Department shall be subject
25to these sanctions in the same manner as other parties.
26    In case of the neglect or refusal of any person to obey a

 

 

10100SB1968ham001- 52 -LRB101 08002 RLC 74920 a

1subpoena issued by the Board, any circuit court, upon
2application of any member of the Board, may order such person
3to appear before the Board and give testimony or produce
4evidence, and any failure to obey such order is punishable by
5the court as a contempt thereof.
6    The provisions of the Administrative Review Law, and all
7amendments and modifications thereof, and the rules adopted
8pursuant thereto, shall apply to and govern all proceedings for
9the judicial review of any order of the Board rendered pursuant
10to the provisions of this Section.
11    Notwithstanding the provisions of this Section, a policy
12making officer, as defined in the Employee Rights Violation
13Act, of the Department of State Police shall be discharged from
14the Department of State Police as provided in the Employee
15Rights Violation Act, enacted by the 85th General Assembly.
16(Source: P.A. 96-891, eff. 5-10-10.)
 
17    (20 ILCS 2610/17c new)
18    Sec. 17c. Military equipment surplus program.
19    (a) For purposes of this Section:
20    "Bayonet" means a large knife designed to be attached to
21the muzzle of a rifle, shotgun, or long gun for the purpose of
22hand-to-hand combat.
23    "Grenade launcher" means a firearm or firearm accessory
24designed to launch small explosive projectiles.
25    "Military equipment surplus program" means any federal or

 

 

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1State program allowing a law enforcement agency to obtain
2surplus military equipment including, but not limit to, any
3program organized under Section 1122 of the National Defense
4Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or
5Section 1033 of the National Defense Authorization Act for
6Fiscal Year 1997 (Pub. L. 104-201), or any program established
7under 10 U.S.C. 2576a.
8    "Tracked armored vehicle" means a vehicle that provides
9ballistic protection to its occupants and utilizes a tracked
10system installed of wheels for forward motion.
11    "Weaponized aircraft, vessel, or vehicle" means any
12aircraft, vessel, or vehicle with weapons installed.
13    (b) The Illinois State Police shall not request or receive
14from any military equipment surplus program nor purchase or
15otherwise utilize the following equipment:
16        (1) tracked armored vehicles;
17        (2) weaponized aircraft, vessels, or vehicles;
18        (3) firearms of .50-caliber or higher;
19        (4) ammunition of .50-caliber or higher;
20        (5) grenade launchers; or
21        (6) bayonets.
22    (c) If the Illinois State Police request other property not
23prohibited by this Section from a military equipment surplus
24program, the Illinois State Police shall publish notice of the
25request on a publicly accessible website maintained by the
26Illinois State Police within 14 days after the request.
 

 

 

10100SB1968ham001- 54 -LRB101 08002 RLC 74920 a

1    Section 10-130. The Illinois Criminal Justice Information
2Act is amended by adding Sections 7.7 and 7.8 as follows:
 
3    (20 ILCS 3930/7.7 new)
4    Sec. 7.7. Pretrial data collection.
5    (a) The Administrative Director of the Administrative
6Officer of the Illinois Courts shall convene an oversight board
7to be known as the Pretrial Practices Data Oversight Board to
8oversee the collection and analysis of data regarding pretrial
9practices in circuit court systems. The Board shall include,
10but is not limited to, designees from the Administrative Office
11of the Illinois Courts, the Illinois Criminal Justice
12Information Authority, and other entities that possess
13knowledge of pretrial practices and data collection issues.
14Members of the Board shall serve without compensation.
15    (b) The Oversight Board shall:
16        (1) identify existing pretrial data collection
17    processes in local jurisdictions;
18        (2) define, gather and maintain records of pretrial
19    data relating to the topics listed in subsection (c) from
20    circuit clerks' offices, sheriff's departments, law
21    enforcement agencies, jails, pretrial departments,
22    probation department, State's Attorneys' offices, public
23    defenders' offices and other applicable criminal justice
24    system agencies;

 

 

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1        (3) identify resources necessary to systematically
2    collect and report data related to the topics listed in
3    subsections (c); and
4        (4) develop a plan to implement data collection
5    processes sufficient to collect data on the topics listed
6    in subsection (c) no later than one year after the
7    effective date of this amendatory Act of the 101st General
8    Assembly. The plan and, once implemented, the reports and
9    analysis shall be published and made publicly available on
10    the Administrative Office of the Illinois Courts (AOIC)
11    website.
12    (c) The Pretrial Practices Data Oversight Board shall
13develop a strategy to collect quarterly, county-level data on
14the following topics; which collection of data shall begin
15starting one year after the effective date of this amendatory
16Act of the 101st General Assembly:
17        (1) information on all persons arrested and charged
18    with misdemeanor or felony charges, or both, including
19    information on persons released directly from law
20    enforcement custody;
21        (2) information on the outcomes of pretrial conditions
22    and pretrial detention hearings in the county courts,
23    including but not limited to the number of hearings held,
24    the number of defendants detained, the number of defendants
25    released, and the number of defendants released with
26    electronic monitoring;

 

 

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1        (3) information regarding persons detained in the
2    county jail pretrial, including, but not limited to, the
3    number of persons detained in the jail pretrial and the
4    number detained in the jail for other reasons, the
5    demographics of the pretrial jail population, race, sex,
6    sexual orientation, gender identity,age, and ethnicity,
7    the charges including on which pretrial defendants are
8    detained, the average length of stay of pretrial
9    defendants;
10        (4) information regarding persons placed on electronic
11    monitoring programs pretrial, including, but not limited
12    to, the number of participants, the demographics of the
13    participant population, including race, sex, sexual
14    orientation, gender identity, age, and ethnicity, the
15    charges on which participants are ordered to the program,
16    and the average length of participation in the program;
17        (5) discharge data regarding persons detained pretrial
18    in the county jail, including, but not limited to, the
19    number who are sentenced to the Illinois Department of
20    Corrections, the number released after being sentenced to
21    time served, the number who are released on probation,
22    conditional discharge, or other community supervision, the
23    number found not guilty, the number whose cases are
24    dismissed, the number whose cases are dismissed as part of
25    diversion or deferred prosecution program, and the number
26    who are released pretrial after a hearing re-examining

 

 

10100SB1968ham001- 57 -LRB101 08002 RLC 74920 a

1    their pretrial detention;
2        (6) information on the pretrial rearrest of
3    individuals released pretrial, including the number
4    arrested and charged with a new misdemeanor offense while
5    released, the number arrested and charged with a new felony
6    offense while released, and the number arrested and charged
7    with a new forcible felony offense while released, and how
8    long after release these arrests occurred;
9        (7) information on the pretrial failure to appear rates
10    of individuals released pretrial, including the number who
11    missed one or more court dates, how many warrants for
12    failures to appear were issued, and how many individuals
13    were detained pretrial or placed on electronic monitoring
14    pretrial after a failure to appear in court;
15        (8) what, if any, validated pretrial risk assessment
16    tools are in use in each jurisdiction, and comparisons of
17    the pretrial release and pretrial detention decisions of
18    judges as compared to and the risk assessment scores of
19    individuals; and
20        (9) any other information the Pretrial Practices Data
21    Oversight Board considers important and probative of the
22    effectiveness of pretrial practices in the state of
23    Illinois. d) Circuit clerks' offices, sheriff's
24    departments, law enforcement agencies, jails, pretrial
25    departments, probation department, State's Attorneys'
26    offices, public defenders' offices and other applicable

 

 

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1    criminal justice system agencies are mandated to provide
2    data to the Administrative Office of the Illinois Courts as
3    described in subsection (c).
 
4    (20 ILCS 3930/7.8 new)
5    Sec. 7.8. Domestic Violence Pretrial Practices Working
6Group.
7    (a) The Executive Director of the Illinois Criminal Justice
8Information Authority shall convene a working group to research
9and issue a report on current practices in pretrial domestic
10violence courts throughout the state of Illinois.
11    (b) The working group shall include, but is not limited to,
12designees from the Administrative Office of the Illinois
13Courts, the Illinois Criminal Justice Information Authority,
14Domestic Violence victims' advocates, formerly incarcerated
15victims of violence, legal practitioners, and other entities
16that possess knowledge of evidence-based practices surrounding
17domestic violence and current pretrial practices in Illinois.
18    (c) The group shall meet quarterly and no later than 15
19months after the effective date of this amendatory Act of the
20101st General Assembly issue a preliminary report on the state
21of current practice across the state in regards to pretrial
22practices and domestic violence and no later than 15 months
23after the release of the preliminary report, issue a final
24report issuing recommendations for evidence-based improvements
25to court procedures.

 

 

10100SB1968ham001- 59 -LRB101 08002 RLC 74920 a

1    (d) Members of the working group shall serve without
2compensation.
 
3    Section 10-135. The Public Officer Prohibited Activities
4Act is amended by adding Section 4.1 as follows:
 
5    (50 ILCS 105/4.1 new)
6    Sec. 4.1. Retaliation against a whistleblower.
7    (a) It is prohibited for a unit of local government, any
8agent or representative of a unit of local government, or
9another employee to retaliate against an employee or contractor
10who:
11        (1) reports an improper governmental action under this
12    Section;
13        (2) cooperates with an investigation by an auditing
14    official related to a report of improper governmental
15    action; or
16        (3) testifies in a proceeding or prosecution arising
17    out of an improper governmental action.
18    (b) To invoke the protections of this Section, an employee
19shall make a written report of improper governmental action to
20the appropriate auditing official. An employee who believes he
21or she has been retaliated against in violation of this Section
22must submit a written report to the auditing official within 60
23days of gaining knowledge of the retaliatory action. If the
24auditing official is the individual doing the improper

 

 

10100SB1968ham001- 60 -LRB101 08002 RLC 74920 a

1governmental action, then a report under this subsection may be
2submitted to any State's Attorney.
3    (c) Each auditing official shall establish written
4processes and procedures for managing complaints filed under
5this Section, and each auditing official shall investigate and
6dispose of reports of improper governmental action in
7accordance with these processes and procedures. If an auditing
8official concludes that an improper governmental action has
9taken place or concludes that the relevant unit of local
10government, department, agency, or supervisory officials have
11hindered the auditing official's investigation into the
12report, the auditing official shall notify in writing the chief
13executive of the unit of local government and any other
14individual or entity the auditing official deems necessary in
15the circumstances.
16    (d) An auditing official may transfer a report of improper
17governmental action to another auditing official for
18investigation if an auditing official deems it appropriate,
19including, but not limited to, the appropriate State's
20Attorney.
21    (e) To the extent allowed by law, the identity of an
22employee reporting information about an improper governmental
23action shall be kept confidential unless the employee waives
24confidentiality in writing. Auditing officials may take
25reasonable measures to protect employees who reasonably
26believe they may be subject to bodily harm for reporting

 

 

10100SB1968ham001- 61 -LRB101 08002 RLC 74920 a

1improper government action.
2    (f) The following remedies are available to employees
3subjected to adverse actions for reporting improper government
4action:
5        (1) Auditing officials may reinstate, reimburse for
6    lost wages or expenses incurred, promote, or provide some
7    other form of restitution.
8        (2) In instances where an auditing official determines
9    that restitution will not suffice, the auditing official
10    may make his or her investigation findings available for
11    the purposes of aiding in that employee or the employee's
12    attorney's effort to make the employee whole.
13    (g) A person who engages in prohibited retaliatory action
14under subsection (a) is subject to the following penalties: a
15fine of no less than $500 and no more than $5,000, suspension
16without pay, demotion, discharge, civil or criminal
17prosecution, or any combination of these penalties, as
18appropriate.
19    (h) Every employee shall receive a written summary or a
20complete copy of this Section upon commencement of employment
21and at least once each year of employment. At the same time,
22the employee shall also receive a copy of the written processes
23and procedures for reporting improper governmental actions
24from the applicable auditing official.
25    (i) As used in this Section:
26    "Auditing official" means any elected, appointed, or hired

 

 

10100SB1968ham001- 62 -LRB101 08002 RLC 74920 a

1individual, by whatever name, in a unit of local government
2whose duties are similar to, but not limited to, receiving,
3registering, and investigating complaints and information
4concerning misconduct, inefficiency, and waste within the unit
5of local government; investigating the performance of
6officers, employees, functions, and programs; and promoting
7economy, efficiency, effectiveness and integrity in the
8administration of the programs and operations of the
9municipality. If a unit of local government does not have an
10"auditing official", the "auditing official" shall be a State's
11Attorney of the county in which the unit of local government is
12located within.
13    "Employee" means anyone employed by a unit of local
14government, whether in a permanent or temporary position,
15including full-time, part-time, and intermittent workers.
16"Employee" also includes members of appointed boards or
17commissions, whether or not paid. "Employee" also includes
18persons who have been terminated because of any report or
19complaint submitted under this Section.
20    "Improper governmental action" means any action by a unit
21of local government employee, an appointed member of a board,
22commission, or committee, or an elected official of the unit of
23local government that is undertaken in violation of a federal,
24State, or unit of local government law or rule; is an abuse of
25authority; violates the public's trust or expectation of his or
26her conduct; is of substantial and specific danger to the

 

 

10100SB1968ham001- 63 -LRB101 08002 RLC 74920 a

1public's health or safety; or is a gross waste of public funds.
2The action need not be within the scope of the employee's,
3elected official's, board member's, commission member's, or
4committee member's official duties to be subject to a claim of
5"improper governmental action". "Improper governmental action"
6does not include a unit of local government personnel actions,
7including, but not limited to employee grievances, complaints,
8appointments, promotions, transfers, assignments,
9reassignments, reinstatements, restorations, reemployment,
10performance evaluations, reductions in pay, dismissals,
11suspensions, demotions, reprimands, or violations of
12collective bargaining agreements, except to the extent that the
13action amounts to retaliation.
14    "Retaliate", "retaliation", or "retaliatory action" means
15any adverse change in an employee's employment status or the
16terms and conditions of employment that results from an
17employee's protected activity under this Section. "Retaliatory
18action" includes, but is not limited to, denial of adequate
19staff to perform duties; frequent staff changes; frequent and
20undesirable office changes; refusal to assign meaningful work;
21unsubstantiated letters of reprimand or unsatisfactory
22performance evaluations; demotion; reduction in pay; denial of
23promotion; transfer or reassignment; suspension or dismissal;
24or other disciplinary action made because of an employee's
25protected activity under this Section.
 

 

 

10100SB1968ham001- 64 -LRB101 08002 RLC 74920 a

1    Section 10-140. The Local Records Act is amended by
2changing Section 3b as follows:
 
3    (50 ILCS 205/3b)
4    Sec. 3b. Arrest records and reports.
5    (a) When an individual is arrested, the following
6information must be made available to the news media for
7inspection 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
22available to the news media for inspection and copying as soon
23as practicable, but in no event shall the time period exceed 72
24hours from the arrest. The information described in paragraphs
25(3), (4), (5), and (6) of subsection (a), however, may be

 

 

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1withheld if it is determined that disclosure would:
2        (1) interfere with pending or actually and reasonably
3    contemplated law enforcement proceedings conducted by any
4    law enforcement or correctional agency;
5        (2) endanger the life or physical safety of law
6    enforcement or correctional personnel or any other person;
7    or
8        (3) compromise the security of any correctional
9    facility.
10    (c) For the purposes of this Section the term "news media"
11means personnel of a newspaper or other periodical issued at
12regular intervals whether in print or electronic format, a news
13service whether in print or electronic format, a radio station,
14a television station, a television network, a community antenna
15television service, or a person or corporation engaged in
16making news reels or other motion picture news for public
17showing.
18    (d) Each law enforcement or correctional agency may charge
19fees for arrest records, but in no instance may the fee exceed
20the actual cost of copying and reproduction. The fees may not
21include the cost of the labor used to reproduce the arrest
22record.
23    (e) The provisions of this Section do not supersede the
24confidentiality provisions for arrest records of the Juvenile
25Court Act of 1987.
26    (f) All information, including photographs, made available

 

 

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1under this Section is subject to the provisions of Section 2QQQ
2of the Consumer Fraud and Deceptive Business Practices Act.
3(Source: P.A. 98-555, eff. 1-1-14; 99-363, eff. 1-1-16.)
 
4    Section 10-141. The Local Records Act is amended by adding
5Section 25 as follows:
 
6    (50 ILCS 205/25 new)
7    Sec. 25. Police misconduct records. Notwithstanding any
8other provision of law to the contrary, all public records and
9nonpublic records related to complaints, investigations, and
10adjudications of police misconduct shall be permanently
11retained and may not be destroyed.
 
12    Section 10-143. The Illinois Police Training Act is amended
13by changing Sections 6, 6.2, 7, and 10.17 and by adding Section
1410.6 as follows:
 
15    (50 ILCS 705/6)  (from Ch. 85, par. 506)
16    Sec. 6. Powers and duties of the Board; selection and
17certification of schools. The Board shall select and certify
18schools within the State of Illinois for the purpose of
19providing basic training for probationary police officers,
20probationary county corrections officers, and court security
21officers and of providing advanced or in-service training for
22permanent police officers or permanent county corrections

 

 

10100SB1968ham001- 67 -LRB101 08002 RLC 74920 a

1officers, which schools may be either publicly or privately
2owned and operated. In addition, the Board has the following
3power 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 for
16    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, 11-6,
22    11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2,
23    28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the
24    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

 

 

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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 appoint
7    investigators who shall enforce the duties conferred upon
8    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.)
 
14    (50 ILCS 705/6.2)
15    Sec. 6.2. Officer professional conduct database.
16    (a) All law enforcement agencies shall notify the Board of
17any final determination of willful violation of department or
18agency policy, official misconduct, or violation of law when:
19        (1) the officer is discharged or dismissed as a result
20    of the violation; or
21        (2) the officer resigns during the course of an
22    investigation and after the officer has been served notice
23    that he or she is under investigation that is based on the
24    commission of any a Class 2 or greater felony or sex
25    offense.

 

 

10100SB1968ham001- 69 -LRB101 08002 RLC 74920 a

1    The agency shall report to the Board within 30 days of a
2final decision of discharge or dismissal and final exhaustion
3of any appeal, or resignation, and shall provide information
4regarding the nature of the violation.
5    (b) Upon receiving notification from a law enforcement
6agency, the Board must notify the law enforcement officer of
7the report and his or her right to provide a statement
8regarding the reported violation.
9    (c) The Board shall maintain a database readily available
10to any chief administrative officer, or his or her designee, of
11a law enforcement agency or any State's Attorney that shall
12show each reported instance, including the name of the officer,
13the nature of the violation, reason for the final decision of
14discharge or dismissal, and any statement provided by the
15officer.
16(Source: P.A. 99-352, eff. 1-1-16.)
 
17    (50 ILCS 705/7)  (from Ch. 85, par. 507)
18    Sec. 7. Rules and standards for schools. The Board shall
19adopt rules and minimum standards for such schools which shall
20include, but not be limited to, the following:
21        a. The curriculum for probationary police officers
22    which shall be offered by all certified schools shall
23    include, but not be limited to, courses of procedural
24    justice, arrest and use and control tactics, search and
25    seizure, including temporary questioning, civil rights,

 

 

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1    human rights, human relations, cultural competency,
2    including implicit bias and racial and ethnic sensitivity,
3    criminal law, law of criminal procedure, constitutional
4    and proper use of law enforcement authority, crisis
5    intervention training, vehicle and traffic law including
6    uniform and non-discriminatory enforcement of the Illinois
7    Vehicle Code, traffic control and accident investigation,
8    techniques of obtaining physical evidence, court
9    testimonies, statements, reports, firearms training,
10    training in the use of electronic control devices,
11    including the psychological and physiological effects of
12    the use of those devices on humans, first-aid (including
13    cardiopulmonary resuscitation), training in the
14    administration of opioid antagonists as defined in
15    paragraph (1) of subsection (e) of Section 5-23 of the
16    Substance Use Disorder Act, handling of juvenile
17    offenders, recognition of mental conditions and crises,
18    including, but not limited to, the disease of addiction,
19    which require immediate assistance and response and
20    methods to safeguard and provide assistance to a person in
21    need of mental treatment, recognition of abuse, neglect,
22    financial exploitation, and self-neglect of adults with
23    disabilities and older adults, as defined in Section 2 of
24    the Adult Protective Services Act, crimes against the
25    elderly, law of evidence, the hazards of high-speed police
26    vehicle chases with an emphasis on alternatives to the

 

 

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1    high-speed chase, and physical training. The curriculum
2    shall include specific training in techniques for
3    immediate response to and investigation of cases of
4    domestic violence and of sexual assault of adults and
5    children, including cultural perceptions and common myths
6    of sexual assault and sexual abuse as well as interview
7    techniques that are age sensitive and are trauma informed,
8    victim centered, and victim sensitive. The curriculum
9    shall include training in techniques designed to promote
10    effective communication at the initial contact with crime
11    victims and ways to comprehensively explain to victims and
12    witnesses their rights under the Rights of Crime Victims
13    and Witnesses Act and the Crime Victims Compensation Act.
14    The curriculum shall also include training in effective
15    recognition of and responses to stress, trauma, and
16    post-traumatic stress experienced by police officers that
17    is consistent with Section 25 of the Illinois Mental Health
18    First Aid Training Act in a peer setting, including
19    recognizing signs and symptoms of work-related cumulative
20    stress, issues that may lead to suicide, and solutions for
21    intervention with peer support resources. The curriculum
22    shall include a block of instruction addressing the
23    mandatory reporting requirements under the Abused and
24    Neglected Child Reporting Act. The curriculum shall also
25    include a block of instruction aimed at identifying and
26    interacting with persons with autism and other

 

 

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1    developmental or physical disabilities, reducing barriers
2    to reporting crimes against persons with autism, and
3    addressing the unique challenges presented by cases
4    involving victims or witnesses with autism and other
5    developmental disabilities. The curriculum shall include
6    training in the detection and investigation of all forms of
7    human trafficking. The curriculum shall also include
8    instruction in trauma-informed responses designed to
9    ensure the physical safety and well-being of a child of an
10    arrested parent or immediate family member; this
11    instruction must include, but is not limited to: (1)
12    understanding the trauma experienced by the child while
13    maintaining the integrity of the arrest and safety of
14    officers, suspects, and other involved individuals; (2)
15    de-escalation tactics that would include the use of force
16    when reasonably necessary; and (3) inquiring whether a
17    child will require supervision and care. The curriculum for
18    probationary police officers shall include: (1) at least 12
19    hours of hands-on, scenario-based role-playing; (2) at
20    least 6 hours of instruction on use of force techniques,
21    including the use of de-escalation techniques to prevent or
22    reduce the need for force whenever safe and feasible; (3)
23    specific training on officer safety techniques, including
24    cover, concealment, and time; and (4) at least 6 hours of
25    training focused on high-risk traffic stops. The
26    curriculum for permanent police officers shall include,

 

 

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1    but not be limited to: (1) refresher and in-service
2    training in any of the courses listed above in this
3    subparagraph, (2) advanced courses in any of the subjects
4    listed above in this subparagraph, (3) training for
5    supervisory personnel, and (4) specialized training in
6    subjects and fields to be selected by the board. The
7    training in the use of electronic control devices shall be
8    conducted for probationary police officers, including
9    University police officers.
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 police officer must satisfactorily complete
15    before being eligible for permanent employment as a local
16    law enforcement officer for a participating local
17    governmental agency. Those requirements shall include
18    training in first aid (including cardiopulmonary
19    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

 

 

10100SB1968ham001- 74 -LRB101 08002 RLC 74920 a

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    his or her successful completion of the training course;
10    (ii) attesting to his or her satisfactory completion of a
11    training program of similar content and number of hours
12    that has been found acceptable by the Board under the
13    provisions of this Act; or (iii) attesting to the Board's
14    determination that the training course is unnecessary
15    because of the person's extensive prior law enforcement
16    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

 

 

10100SB1968ham001- 75 -LRB101 08002 RLC 74920 a

1    their hire, unless a waiver has been obtained by the Board,
2    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 Commission,
5    shall maintain a list of all individuals who have filed
6    applications to become court security officers and who meet
7    the eligibility requirements established under this Act.
8    Either the Sheriff's Merit Commission, or the Sheriff's
9    Office if no Sheriff's Merit Commission exists, shall
10    establish a schedule of reasonable intervals for
11    verification of the applicants' qualifications under this
12    Act and as established by the Board.
13        g. Minimum in-service training requirements, which a
14    police officer must satisfactorily complete every 3 years.
15    Those requirements shall include constitutional and proper
16    use of law enforcement authority, procedural justice,
17    civil rights, human rights, mental health awareness and
18    response, officer wellness, reporting child abuse and
19    neglect, and cultural competency, including implicit bias
20    and racial and ethnic sensitivity.
21        h. Minimum in-service training requirements, which a
22    police officer must satisfactorily complete at least
23    annually. Those requirements shall include law updates,
24    emergency medical response training and certification,
25    crisis intervention training, and officer wellness and
26    mental health and use of force training which shall include

 

 

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1    scenario based training, or similar training approved by
2    the Board.
3        i. Minimum in-service training requirements as set
4    forth in Section 10.6.
5(Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18;
6100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff.
71-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215,
8eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19;
9101-564, eff. 1-1-20; revised 9-10-19.)
 
10    (50 ILCS 705/10.6 new)
11    Sec. 10.6. Mandatory training to be completed every 3
12years. The Board shall adopt rules and minimum standards for
13in-service training requirements as set forth in this Section.
14The training shall provide officers with knowledge of policies
15and laws regulating the use of force; equip officers with
16tactics and skills, including de-escalation techniques, to
17prevent or reduce the need to use force or, when force must be
18used, to use force that is objectively reasonable, necessary,
19and proportional under the totality of the circumstances; and
20ensure appropriate supervision and accountability. The
21training shall consist of at least 30 hours of training every 3
22years and shall include:
23    (1) At least 12 hours of hands-on, scenario-based
24role-playing.
25    (2) At least 6 hours of instruction on use of force

 

 

10100SB1968ham001- 77 -LRB101 08002 RLC 74920 a

1techniques, including the use of de-escalation techniques to
2prevent or reduce the need for force whenever safe and
3feasible.
4    (3) Specific training on the law concerning stops,
5searches, and the use of force under the Fourth Amendment to
6the United States Constitution.
7    (4) Specific training on officer safety techniques,
8including cover, concealment, and time.
9    (5) At least 6 hours of training focused on high-risk
10traffic stops.
 
11    (50 ILCS 705/10.17)
12    Sec. 10.17. Crisis intervention team training; mental
13health awareness training.
14    (a) The Illinois Law Enforcement Training Standards Board
15shall develop and approve a standard curriculum for certified
16training programs in crisis intervention of at least 40 hours
17addressing specialized policing responses to people with
18mental illnesses. The Board shall conduct Crisis Intervention
19Team (CIT) training programs that train officers to identify
20signs and symptoms of mental illness, to de-escalate situations
21involving individuals who appear to have a mental illness, and
22connect that person in crisis to treatment. Crisis Intervention
23Team (CIT) training programs shall be a collaboration between
24law enforcement professionals, mental health providers,
25families, and consumer advocates and must minimally include the

 

 

10100SB1968ham001- 78 -LRB101 08002 RLC 74920 a

1following components: (1) basic information about mental
2illnesses and how to recognize them; (2) information about
3mental health laws and resources; (3) learning from family
4members of individuals with mental illness and their
5experiences; and (4) verbal de-escalation training and
6role-plays. Officers who have successfully completed this
7program shall be issued a certificate attesting to their
8attendance of a Crisis Intervention Team (CIT) training
9program.
10    (b) The Board shall create an introductory course
11incorporating adult learning models that provides law
12enforcement officers with an awareness of mental health issues
13including a history of the mental health system, types of
14mental health illness including signs and symptoms of mental
15illness and common treatments and medications, and the
16potential interactions law enforcement officers may have on a
17regular basis with these individuals, their families, and
18service providers including de-escalating a potential crisis
19situation. This course, in addition to other traditional
20learning settings, may be made available in an electronic
21format.
22(Source: P.A. 99-261, eff. 1-1-16; 99-642, eff. 7-28-16;
23100-247, eff. 1-1-18.)
 
24    Section 10-145. The Law Enforcement Officer-Worn Body
25Camera Act is amended by changing Sections 10-15, 10-20, and

 

 

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110-25 as follows:
 
2    (50 ILCS 706/10-15)
3    Sec. 10-15. Applicability.
4    (a) All Any law enforcement agencies must employ the use of
5agency which employs the use of officer-worn body cameras in
6accordance with is subject to the provisions of this Act,
7whether or not the agency receives or has received monies from
8the Law Enforcement Camera Grant Fund.
9    (b) All law enforcement agencies must implement the use of
10body cameras for all law enforcement officers, according to the
11following schedule:
12        (1) for municipalities and counties with populations
13    of 500,000 or more, body cameras shall be implemented by
14    January 1, 2022;
15        (2) for municipalities and counties with populations
16    of 100,000 or more but under 500,000, body cameras shall be
17    implemented by January 1, 2023;
18        (3) for municipalities and counties with populations
19    of 50,000 or more but under 100,000, body cameras shall be
20    implemented by January 1, 2024;
21        (4) for municipalities and counties under 50,000, body
22    cameras shall be implemented by January 1, 2025; and
23        (5) for the Department of State Police, body cameras
24    shall be implemented by January 1, 2025.
25    (c) A law enforcement agency's compliance with the

 

 

10100SB1968ham001- 80 -LRB101 08002 RLC 74920 a

1requirements under this Section shall receive preference by the
2Illinois Law Enforcement Training Standards Board in awarding
3grant funding under the Law Enforcement Camera Grant Act.
4(Source: P.A. 99-352, eff. 1-1-16.)
 
5    (50 ILCS 706/10-20)
6    Sec. 10-20. Requirements.
7    (a) The Board shall develop basic guidelines for the use of
8officer-worn body cameras by law enforcement agencies. The
9guidelines developed by the Board shall be the basis for the
10written policy which must be adopted by each law enforcement
11agency which employs the use of officer-worn body cameras. The
12written policy adopted by the law enforcement agency must
13include, at a minimum, all of the following:
14        (1) Cameras must be equipped with pre-event recording,
15    capable of recording at least the 30 seconds prior to
16    camera activation, unless the officer-worn body camera was
17    purchased and acquired by the law enforcement agency prior
18    to July 1, 2015.
19        (2) Cameras must be capable of recording for a period
20    of 10 hours or more, unless the officer-worn body camera
21    was purchased and acquired by the law enforcement agency
22    prior to July 1, 2015.
23        (3) Cameras must be turned on at all times when the
24    officer is in uniform and is responding to calls for
25    service or engaged in any law enforcement-related

 

 

10100SB1968ham001- 81 -LRB101 08002 RLC 74920 a

1    encounter or activity, that occurs while the officer is on
2    duty.
3            (A) If exigent circumstances exist which prevent
4        the camera from being turned on, the camera must be
5        turned on as soon as practicable.
6            (B) Officer-worn body cameras may be turned off
7        when the officer is inside of a patrol car which is
8        equipped with a functioning in-car camera; however,
9        the officer must turn on the camera upon exiting the
10        patrol vehicle for law enforcement-related encounters.
11            (C) Officer-worn body cameras may be turned off
12        when the officer is inside a correctional facility
13        which is equipped with a functioning camera system.
14        (4) Cameras must be turned off when:
15            (A) the victim of a crime requests that the camera
16        be turned off, and unless impractical or impossible,
17        that request is made on the recording;
18            (B) a witness of a crime or a community member who
19        wishes to report a crime requests that the camera be
20        turned off, and unless impractical or impossible that
21        request is made on the recording; or
22            (C) the officer is interacting with a confidential
23        informant used by the law enforcement agency.
24        However, an officer may continue to record or resume
25    recording a victim or a witness, if exigent circumstances
26    exist, or if the officer has reasonable articulable

 

 

10100SB1968ham001- 82 -LRB101 08002 RLC 74920 a

1    suspicion that a victim or witness, or confidential
2    informant has committed or is in the process of committing
3    a crime. Under these circumstances, and unless impractical
4    or impossible, the officer must indicate on the recording
5    the reason for continuing to record despite the request of
6    the victim or witness.
7        (4.5) Cameras may be turned off when the officer is
8    engaged in community caretaking functions. However, the
9    camera must be turned on when the officer has reason to
10    believe that the person on whose behalf the officer is
11    performing a community caretaking function has committed
12    or is in the process of committing a crime. If exigent
13    circumstances exist which prevent the camera from being
14    turned on, the camera must be turned on as soon as
15    practicable.
16        (5) The officer must provide notice of recording to any
17    person if the person has a reasonable expectation of
18    privacy and proof of notice must be evident in the
19    recording. If exigent circumstances exist which prevent
20    the officer from providing notice, notice must be provided
21    as soon as practicable.
22        (6) (A) For the purposes of redaction, labeling, or
23    duplicating recordings, access to camera recordings shall
24    be restricted to only those personnel responsible for those
25    purposes. The recording officer and his or her supervisor
26    of the recording officer may access and review recordings

 

 

10100SB1968ham001- 83 -LRB101 08002 RLC 74920 a

1    prior to completing incident reports or other
2    documentation, provided that the officer or his or her
3    supervisor discloses that fact in the report or
4    documentation.
5            (B) The recording officer's assigned field
6        training officer may access and review recordings for
7        training purposes. Any detective or investigator
8        directly involved in the investigation of a matter may
9        access and review recordings which pertain to that
10        investigation but may not have access to delete or
11        alter such recordings.
12        (7) Recordings made on officer-worn cameras must be
13    retained by the law enforcement agency or by the camera
14    vendor used by the agency, on a recording medium for a
15    period of 90 days.
16            (A) Under no circumstances shall any recording
17        made with an officer-worn body camera be altered,
18        erased, or destroyed prior to the expiration of the
19        90-day storage period.
20            (B) Following the 90-day storage period, any and
21        all recordings made with an officer-worn body camera
22        must be destroyed, unless any encounter captured on the
23        recording has been flagged. An encounter is deemed to
24        be flagged when:
25                (i) a formal or informal complaint has been
26            filed;

 

 

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1                (ii) the officer discharged his or her firearm
2            or used force during the encounter;
3                (iii) death or great bodily harm occurred to
4            any person in the recording;
5                (iv) the encounter resulted in a detention or
6            an arrest, excluding traffic stops which resulted
7            in only a minor traffic offense or business
8            offense;
9                (v) the officer is the subject of an internal
10            investigation or otherwise being investigated for
11            possible misconduct;
12                (vi) the supervisor of the officer,
13            prosecutor, defendant, or court determines that
14            the encounter has evidentiary value in a criminal
15            prosecution; or
16                (vii) the recording officer requests that the
17            video be flagged for official purposes related to
18            his or her official duties.
19            (C) Under no circumstances shall any recording
20        made with an officer-worn body camera relating to a
21        flagged encounter be altered or destroyed prior to 2
22        years after the recording was flagged. If the flagged
23        recording was used in a criminal, civil, or
24        administrative proceeding, the recording shall not be
25        destroyed except upon a final disposition and order
26        from the court.

 

 

10100SB1968ham001- 85 -LRB101 08002 RLC 74920 a

1        (8) Following the 90-day storage period, recordings
2    may be retained if a supervisor at the law enforcement
3    agency designates the recording for training purposes. If
4    the recording is designated for training purposes, the
5    recordings may be viewed by officers, in the presence of a
6    supervisor or training instructor, for the purposes of
7    instruction, training, or ensuring compliance with agency
8    policies.
9        (9) Recordings shall not be used to discipline law
10    enforcement officers unless:
11            (A) a formal or informal complaint of misconduct
12        has been made;
13            (B) a use of force incident has occurred;
14            (C) the encounter on the recording could result in
15        a formal investigation under the Uniform Peace
16        Officers' Disciplinary Act; or
17            (D) as corroboration of other evidence of
18        misconduct.
19        Nothing in this paragraph (9) shall be construed to
20    limit or prohibit a law enforcement officer from being
21    subject to an action that does not amount to discipline.
22        (10) The law enforcement agency shall ensure proper
23    care and maintenance of officer-worn body cameras. Upon
24    becoming aware, officers must as soon as practical document
25    and notify the appropriate supervisor of any technical
26    difficulties, failures, or problems with the officer-worn

 

 

10100SB1968ham001- 86 -LRB101 08002 RLC 74920 a

1    body camera or associated equipment. Upon receiving
2    notice, the appropriate supervisor shall make every
3    reasonable effort to correct and repair any of the
4    officer-worn body camera equipment.
5        (11) No officer may hinder or prohibit any person, not
6    a law enforcement officer, from recording a law enforcement
7    officer in the performance of his or her duties in a public
8    place or when the officer has no reasonable expectation of
9    privacy. The law enforcement agency's written policy shall
10    indicate the potential criminal penalties, as well as any
11    departmental discipline, which may result from unlawful
12    confiscation or destruction of the recording medium of a
13    person who is not a law enforcement officer. However, an
14    officer may take reasonable action to maintain safety and
15    control, secure crime scenes and accident sites, protect
16    the integrity and confidentiality of investigations, and
17    protect the public safety and order.
18    (b) Recordings made with the use of an officer-worn body
19camera are not subject to disclosure under the Freedom of
20Information Act, except that:
21        (1) if the subject of the encounter has a reasonable
22    expectation of privacy, at the time of the recording, any
23    recording which is flagged, due to the filing of a
24    complaint, discharge of a firearm, use of force, arrest or
25    detention, or resulting death or bodily harm, shall be
26    disclosed in accordance with the Freedom of Information Act

 

 

10100SB1968ham001- 87 -LRB101 08002 RLC 74920 a

1    if:
2            (A) the subject of the encounter captured on the
3        recording is a victim or witness; and
4            (B) the law enforcement agency obtains written
5        permission of the subject or the subject's legal
6        representative;
7        (2) except as provided in paragraph (1) of this
8    subsection (b), any recording which is flagged due to the
9    filing of a complaint, discharge of a firearm, use of
10    force, arrest or detention, or resulting death or bodily
11    harm shall be disclosed in accordance with the Freedom of
12    Information Act; and
13        (3) upon request, the law enforcement agency shall
14    disclose, in accordance with the Freedom of Information
15    Act, the recording to the subject of the encounter captured
16    on the recording or to the subject's attorney, or the
17    officer or his or her legal representative.
18    For the purposes of paragraph (1) of this subsection (b),
19the subject of the encounter does not have a reasonable
20expectation of privacy if the subject was arrested as a result
21of the encounter. For purposes of subparagraph (A) of paragraph
22(1) of this subsection (b), "witness" does not include a person
23who is a victim or who was arrested as a result of the
24encounter.
25    Only recordings or portions of recordings responsive to the
26request shall be available for inspection or reproduction. Any

 

 

10100SB1968ham001- 88 -LRB101 08002 RLC 74920 a

1recording disclosed under the Freedom of Information Act shall
2be redacted to remove identification of any person that appears
3on the recording and is not the officer, a subject of the
4encounter, or directly involved in the encounter. Nothing in
5this subsection (b) shall require the disclosure of any
6recording or portion of any recording which would be exempt
7from disclosure under the Freedom of Information Act.
8    (c) Nothing in this Section shall limit access to a camera
9recording for the purposes of complying with Supreme Court
10rules or the rules of evidence.
11(Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)
 
12    (50 ILCS 706/10-25)
13    Sec. 10-25. Reporting.
14    (a) Each law enforcement agency which employs the use of
15officer-worn body cameras must provide an annual report on the
16use of officer-worn body cameras to the Board, on or before May
171 of the year. The report shall include:
18        (1) a brief overview of the makeup of the agency,
19    including the number of officers utilizing officer-worn
20    body cameras;
21        (2) the number of officer-worn body cameras utilized by
22    the law enforcement agency;
23        (3) any technical issues with the equipment and how
24    those issues were remedied;
25        (4) a brief description of the review process used by

 

 

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1    supervisors within the law enforcement agency;
2        (5) for each recording used in prosecutions of
3    conservation, criminal, or traffic offenses or municipal
4    ordinance violations:
5            (A) the time, date, location, and precinct of the
6        incident;
7            (B) the offense charged and the date charges were
8        filed; and
9        (6) any other information relevant to the
10    administration of the program.
11    (b) On or before July 30 of each year, the Board must
12analyze the law enforcement agency reports and provide an
13annual report to the General Assembly and the Governor.
14(Source: P.A. 99-352, eff. 1-1-16.)
 
15    Section 10-147. The Uniform Crime Reporting Act is amended
16by changing Sections 5-10, 5-12, and 5-20 and by adding Section
175-11 as follows:
 
18    (50 ILCS 709/5-10)
19    Sec. 5-10. Central repository of crime statistics. The
20Department of State Police shall be a central repository and
21custodian of crime statistics for the State and shall have all
22the power necessary to carry out the purposes of this Act,
23including the power to demand and receive cooperation in the
24submission of crime statistics from all law enforcement

 

 

10100SB1968ham001- 90 -LRB101 08002 RLC 74920 a

1agencies. All data and information provided to the Department
2under this Act must be provided in a manner and form prescribed
3by the Department. On an annual basis, the Department shall
4make available compilations of crime statistics and monthly
5reporting required to be reported by each law enforcement
6agency.
7(Source: P.A. 99-352, eff. 1-1-16.)
 
8    (50 ILCS 709/5-11 new)
9    Sec. 5-11. FBI National Use of Force Database.The
10Department shall participate in and regularly submit use of
11force information to the Federal Bureau of Investigation (FBI)
12National Use of Force Database. Within 90 days of the effective
13date of this amendatory act, the Department shall promulgate
14rules outlining the use of force information required for
15submission to the Database, which shall be submitted monthly by
16law enforcement agencies under Section 5-12.
 
17    (50 ILCS 709/5-12)
18    Sec. 5-12. Monthly reporting. All law enforcement agencies
19shall submit to the Department of State Police on a monthly
20basis the following:
21        (1) beginning January 1, 2016, a report on any
22    arrest-related death that shall include information
23    regarding the deceased, the officer, any weapon used by the
24    officer or the deceased, and the circumstances of the

 

 

10100SB1968ham001- 91 -LRB101 08002 RLC 74920 a

1    incident. The Department shall submit on a quarterly basis
2    all information collected under this paragraph (1) to the
3    Illinois Criminal Justice Information Authority,
4    contingent upon updated federal guidelines regarding the
5    Uniform Crime Reporting Program;
6        (2) beginning January 1, 2017, a report on any instance
7    when a law enforcement officer discharges his or her
8    firearm causing a non-fatal injury to a person, during the
9    performance of his or her official duties or in the line of
10    duty;
11        (3) a report of incident-based information on hate
12    crimes including information describing the offense,
13    location of the offense, type of victim, offender, and bias
14    motivation. If no hate crime incidents occurred during a
15    reporting month, the law enforcement agency must submit a
16    no incident record, as required by the Department;
17        (4) a report on any incident of an alleged commission
18    of a domestic crime, that shall include information
19    regarding the victim, offender, date and time of the
20    incident, any injury inflicted, any weapons involved in the
21    commission of the offense, and the relationship between the
22    victim and the offender;
23        (5) data on an index of offenses selected by the
24    Department based on the seriousness of the offense,
25    frequency of occurrence of the offense, and likelihood of
26    being reported to law enforcement. The data shall include

 

 

10100SB1968ham001- 92 -LRB101 08002 RLC 74920 a

1    the number of index crime offenses committed and number of
2    associated arrests; and
3        (6) data on offenses and incidents reported by schools
4    to local law enforcement. The data shall include offenses
5    defined as an attack against school personnel,
6    intimidation offenses, drug incidents, and incidents
7    involving weapons; .
8        (7) beginning on July 1, 2021, a report on any incident
9    where a law enforcement officer was dispatched to deal with
10    a person experiencing a mental health crisis or incident.
11    The report shall include the number of incidents, the level
12    of law enforcement response and the outcome of each
13    incident;
14        (8) beginning on July 1, 2021, a report on use of
15    force, including any action that resulted in the death or
16    serious bodily injury of a person or the discharge of a
17    firearm at or in the direction of a person. The report
18    shall include information required by the Department,
19    pursuant to Section 5-11 of this Act.
20(Source: P.A. 99-352, eff. 1-1-16.)
 
21    (50 ILCS 709/5-20)
22    Sec. 5-20. Reporting compliance. The Department of State
23Police shall annually report to the Illinois Law Enforcement
24Training Standards Board and the Department of Revenue any law
25enforcement agency not in compliance with the reporting

 

 

10100SB1968ham001- 93 -LRB101 08002 RLC 74920 a

1requirements under this Act. A law enforcement agency's
2compliance with the reporting requirements under this Act shall
3be a factor considered by the Illinois Law Enforcement Training
4Standards Board in awarding grant funding under the Law
5Enforcement Camera Grant Act, with preference to law
6enforcement agencies which are in compliance with reporting
7requirements under this Act.
8(Source: P.A. 99-352, eff. 1-1-16.)
 
9    Section 10-150. The Uniform Peace Officers' Disciplinary
10Act is amended by changing Sections 3.2, 3.4, and 3.8 as
11follows:
 
12    (50 ILCS 725/3.2)  (from Ch. 85, par. 2555)
13    Sec. 3.2. No officer shall be subjected to interrogation
14without first being informed in writing of the nature of the
15investigation. If an administrative proceeding is instituted,
16the officer shall be informed beforehand of the names of all
17complainants. The information shall be sufficient as to
18reasonably apprise the officer of the nature of the
19investigation.
20(Source: P.A. 83-981.)
 
21    (50 ILCS 725/3.4)  (from Ch. 85, par. 2557)
22    Sec. 3.4. The officer under investigation shall be informed
23in writing of the name, rank and unit or command of the officer

 

 

10100SB1968ham001- 94 -LRB101 08002 RLC 74920 a

1in charge of the investigation, the interrogators, and all
2persons who will be present on the behalf of the employer
3during any interrogation except at a public administrative
4proceeding. The officer under investigation shall inform the
5employer of any person who will be present on his or her behalf
6during any interrogation except at a public administrative
7hearing.
8(Source: P.A. 94-344, eff. 1-1-06.)
 
9    (50 ILCS 725/3.8)  (from Ch. 85, par. 2561)
10    Sec. 3.8. Admissions; counsel; verified complaint.
11    (a) No officer shall be interrogated without first being
12advised in writing that admissions made in the course of the
13interrogation may be used as evidence of misconduct or as the
14basis for charges seeking suspension, removal, or discharge;
15and without first being advised in writing that he or she has
16the right to counsel of his or her choosing who may be present
17to advise him or her at any stage of any interrogation.
18    (b) It shall not be a requirement for a person Anyone
19filing a complaint against a sworn peace officer to must have
20the complaint supported by a sworn affidavit or any other legal
21documentation. This ban on an affidavit requirement shall apply
22to any collective bargaining agreements entered after the
23effective date of this provision. Any complaint, having been
24supported by a sworn affidavit, and having been found, in total
25or in part, to contain knowingly false material information,

 

 

10100SB1968ham001- 95 -LRB101 08002 RLC 74920 a

1shall be presented to the appropriate State's Attorney for a
2determination of prosecution.
3(Source: P.A. 97-472, eff. 8-22-11.)
 
4    (50 ILCS 725/6 rep.)
5    Section 10-151. The Uniform Peace Officers' Disciplinary
6Act is amended by repealing Section 6.
 
7    Section 10-155. The Police and Community Relations
8Improvement Act is amended by adding Section 1-35 as follows:
 
9    (50 ILCS 727/1-35 new)
10    Sec. 1-35. Anonymous complaint policy.
11    (a)Any person may file notice of an anonymous complaint to
12the Illinois Law Enforcement Training Standards Board of any
13conduct the person believes a law enforcement officer has
14committed as described in subsection (b) of Section 6.3 of the
15Illinois Police Training Act. Notwithstanding any other
16provision in state law or any collective bargaining agreement,
17the Board shall accept notice and investigate any allegations
18from individuals who remain anonymous.
19    (b)The Board shall complete a preliminary review of the
20allegations to determine whether further investigation is
21warranted. During the preliminary review, the Board will take
22all reasonable steps to discover any and all objective
23verifiable evidence relevant to the alleged violation through

 

 

10100SB1968ham001- 96 -LRB101 08002 RLC 74920 a

1the identification, retention, review, and analysis of all
2available evidence, including, but not limited to: all
3time-sensitive evidence, audio and video evidence, physical
4evidence, arrest reports, photographic evidence, GPS records,
5computer data, lab reports, medical documents, and witness
6interviews. All reasonable steps will be taken to preserve
7relevant evidence identified during the preliminary
8investigation.
9    (c)If the Board determines that for an anonymous notice
10there is objective verifiable evidence to support the
11allegation or allegations, the Board shall complete a sworn
12affidavit override to comply with subsection (b) of Section 3.8
13of the Uniform Peace Officers' Disciplinary Act. The sworn
14affidavit override shall be specified on a form to be
15determined by the Board, including what evidence has been
16reviewed and, in reliance upon that evidence, it shall be
17affirmed that it is necessary and appropriate for the
18investigation to continue. It shall forward that form and the
19alleged violation in accordance with subsection (f) of Section
206.3 of the Illinois Police Training Act.
 
21    Section 10-160. The Counties Code is amended by changing
22Sections 4-5001, 4-12001, and 4-12001.1 as follows:
 
23    (55 ILCS 5/4-5001)  (from Ch. 34, par. 4-5001)
24    Sec. 4-5001. Sheriffs; counties of first and second class.

 

 

10100SB1968ham001- 97 -LRB101 08002 RLC 74920 a

1The fees of sheriffs in counties of the first and second class,
2except when increased by county ordinance under this Section,
3shall be as follows:
4    For serving or attempting to serve summons on each
5defendant in each county, $10.
6    For serving or attempting to serve an order or judgment
7granting injunctive relief in each county, $10.
8    For serving or attempting to serve each garnishee in each
9county, $10.
10    For serving or attempting to serve an order for replevin in
11each county, $10.
12    For serving or attempting to serve an order for attachment
13on each defendant in each county, $10.
14    For serving or attempting to serve a warrant of arrest, $8,
15to be paid upon conviction.
16    For returning a defendant from outside the State of
17Illinois, upon conviction, the court shall assess, as court
18costs, the cost of returning a defendant to the jurisdiction.
19    For taking special bail, $1 in each county.
20    For serving or attempting to serve a subpoena on each
21witness, in each county, $10.
22    For advertising property for sale, $5.
23    For returning each process, in each county, $5.
24    Mileage for each mile of necessary travel to serve any such
25process as Stated above, calculating from the place of holding
26court to the place of residence of the defendant, or witness,

 

 

10100SB1968ham001- 98 -LRB101 08002 RLC 74920 a

150¢ each way.
2    For summoning each juror, $3 with 30¢ mileage each way in
3all counties.
4    For serving or attempting to serve notice of judgments or
5levying to enforce a judgment, $3 with 50¢ mileage each way in
6all counties.
7    For taking possession of and removing property levied on,
8the officer shall be allowed to tax the actual cost of such
9possession or removal.
10    For feeding each prisoner, such compensation to cover the
11actual cost as may be fixed by the county board, but such
12compensation shall not be considered a part of the fees of the
13office.
14    For attending before a court with prisoner, on an order for
15habeas corpus, in each county, $10 per day.
16    For attending before a court with a prisoner in any
17criminal proceeding, in each county, $10 per day.
18    For each mile of necessary travel in taking such prisoner
19before the court as stated above, 15¢ a mile each way.
20    For serving or attempting to serve an order or judgment for
21the possession of real estate in an action of ejectment or in
22any other action, or for restitution in an eviction action
23without aid, $10 and when aid is necessary, the sheriff shall
24be allowed to tax in addition the actual costs thereof, and for
25each mile of necessary travel, 50¢ each way.
26    For executing and acknowledging a deed of sale of real

 

 

10100SB1968ham001- 99 -LRB101 08002 RLC 74920 a

1estate, in counties of first class, $4; second class, $4.
2    For preparing, executing and acknowledging a deed on
3redemption from a court sale of real estate in counties of
4first class, $5; second class, $5.
5    For making certificates of sale, and making and filing
6duplicate, in counties of first class, $3; in counties of the
7second class, $3.
8    For making certificate of redemption, $3.
9    For certificate of levy and filing, $3, and the fee for
10recording shall be advanced by the judgment creditor and
11charged as costs.
12    For taking all civil bonds on legal process, civil and
13criminal, in counties of first class, $1; in second class, $1.
14    For executing copies in criminal cases, $4 and mileage for
15each mile of necessary travel, 20¢ each way.
16    For executing requisitions from other states, $5.
17    For conveying each prisoner from the prisoner's own county
18to the jail of another county, or from another county to the
19jail of the prisoner's county, per mile, for going, only, 30¢.
20    For conveying persons to the penitentiary, reformatories,
21Illinois State Training School for Boys, Illinois State
22Training School for Girls and Reception Centers, the following
23fees, payable out of the State treasury. For each person who is
24conveyed, 35¢ per mile in going only to the penitentiary,
25reformatory, Illinois State Training School for Boys, Illinois
26State Training School for Girls and Reception Centers, from the

 

 

10100SB1968ham001- 100 -LRB101 08002 RLC 74920 a

1place of conviction.
2    The fees provided for transporting persons to the
3penitentiary, reformatories, Illinois State Training School
4for Boys, Illinois State Training School for Girls and
5Reception Centers shall be paid for each trip so made. Mileage
6as used in this Section means the shortest practical route,
7between the place from which the person is to be transported,
8to the penitentiary, reformatories, Illinois State Training
9School for Boys, Illinois State Training School for Girls and
10Reception Centers and all fees per mile shall be computed on
11such basis.
12    For conveying any person to or from any of the charitable
13institutions of the State, when properly committed by competent
14authority, when one person is conveyed, 35¢ per mile; when two
15persons are conveyed at the same time, 35¢ per mile for the
16first person and 20¢ per mile for the second person; and 10¢
17per mile for each additional person.
18    For conveying a person from the penitentiary to the county
19jail when required by law, 35¢ per mile.
20    For attending Supreme Court, $10 per day.
21    In addition to the above fees there shall be allowed to the
22sheriff a fee of $600 for the sale of real estate which is made
23by virtue of any judgment of a court, except that in the case
24of a sale of unimproved real estate which sells for $10,000 or
25less, the fee shall be $150. In addition to this fee and all
26other fees provided by this Section, there shall be allowed to

 

 

10100SB1968ham001- 101 -LRB101 08002 RLC 74920 a

1the sheriff a fee in accordance with the following schedule for
2the sale of personal estate which is made by virtue of any
3judgment of a court:
4    For judgments up to $1,000, $75;
5    For judgments from $1,001 to $15,000, $150;
6    For judgments over $15,000, $300.
7    The foregoing fees allowed by this Section are the maximum
8fees that may be collected from any officer, agency, department
9or other instrumentality of the State. The county board may,
10however, by ordinance, increase the fees allowed by this
11Section and collect those increased fees from all persons and
12entities other than officers, agencies, departments and other
13instrumentalities of the State if the increase is justified by
14an acceptable cost study showing that the fees allowed by this
15Section are not sufficient to cover the costs of providing the
16service. A statement of the costs of providing each service,
17program and activity shall be prepared by the county board. All
18supporting documents shall be public records and subject to
19public examination and audit. All direct and indirect costs, as
20defined in the United States Office of Management and Budget
21Circular A-87, may be included in the determination of the
22costs of each service, program and activity.
23    In all cases where the judgment is settled by the parties,
24replevied, stopped by injunction or paid, or where the property
25levied upon is not actually sold, the sheriff shall be allowed
26his fee for levying and mileage, together with half the fee for

 

 

10100SB1968ham001- 102 -LRB101 08002 RLC 74920 a

1all money collected by him which he would be entitled to if the
2same was made by sale to enforce the judgment. In no case shall
3the fee exceed the amount of money arising from the sale.
4    The fee requirements of this Section do not apply to police
5departments or other law enforcement agencies. For the purposes
6of this Section, "law enforcement agency" means an agency of
7the State or unit of local government which is vested by law or
8ordinance with the duty to maintain public order and to enforce
9criminal laws.
10(Source: P.A. 100-173, eff. 1-1-18; 100-863, eff. 8-14-18.)
 
11    (55 ILCS 5/4-12001)  (from Ch. 34, par. 4-12001)
12    Sec. 4-12001. Fees of sheriff in third class counties. The
13officers herein named, in counties of the third class, shall be
14entitled to receive the fees herein specified, for the services
15mentioned and such other fees as may be provided by law for
16such other services not herein designated.
17Fees for Sheriff
18    For serving or attempting to serve any summons on each
19defendant, $35.
20    For serving or attempting to serve each alias summons or
21other process mileage will be charged as hereinafter provided
22when the address for service differs from the address for
23service on the original summons or other process.
24    For serving or attempting to serve all other process, on
25each defendant, $35.

 

 

10100SB1968ham001- 103 -LRB101 08002 RLC 74920 a

1    For serving or attempting to serve a subpoena on each
2witness, $35.
3    For serving or attempting to serve each warrant, $35.
4    For serving or attempting to serve each garnishee, $35.
5    For summoning each juror, $10.
6    For serving or attempting to serve each order or judgment
7for replevin, $35.
8    For serving or attempting to serve an order for attachment,
9on each defendant, $35.
10    For serving or attempting to serve an order or judgment for
11the possession of real estate in an action of ejectment or in
12any other action, or for restitution in an eviction action,
13without aid, $35, and when aid is necessary, the sheriff shall
14be allowed to tax in addition the actual costs thereof.
15    For serving or attempting to serve notice of judgment, $35.
16    For levying to satisfy an order in an action for
17attachment, $25.
18    For executing order of court to seize personal property,
19$25.
20    For making certificate of levy on real estate and filing or
21recording same, $8, and the fee for filing or recording shall
22be advanced by the plaintiff in attachment or by the judgment
23creditor and taxed as costs. For taking possession of or
24removing property levied on, the sheriff shall be allowed to
25tax the necessary actual costs of such possession or removal.
26    For advertising property for sale, $20.

 

 

10100SB1968ham001- 104 -LRB101 08002 RLC 74920 a

1    For making certificate of sale and making and filing
2duplicate for record, $15, and the fee for recording same shall
3be advanced by the judgment creditor and taxed as costs.
4    For preparing, executing and acknowledging deed on
5redemption from a court sale of real estate, $15; for
6preparing, executing and acknowledging all other deeds on sale
7of real estate, $10.
8    For making and filing certificate of redemption, $15, and
9the fee for recording same shall be advanced by party making
10the redemption and taxed as costs.
11    For making and filing certificate of redemption from a
12court sale, $11, and the fee for recording same shall be
13advanced by the party making the redemption and taxed as costs.
14    For taking all bonds on legal process, $10.
15    For taking special bail, $5.
16    For returning each process, $15.
17    Mileage for service or attempted service of all process is
18a $10 flat fee.
19    For attending before a court with a prisoner on an order
20for habeas corpus, $9 per day.
21    For executing requisitions from other States, $13.
22    For conveying each prisoner from the prisoner's county to
23the jail of another county, per mile for going only, 25¢.
24    For committing to or discharging each prisoner from jail,
25$3.
26    For feeding each prisoner, such compensation to cover

 

 

10100SB1968ham001- 105 -LRB101 08002 RLC 74920 a

1actual costs as may be fixed by the county board, but such
2compensation shall not be considered a part of the fees of the
3office.
4    For committing each prisoner to jail under the laws of the
5United States, to be paid by the marshal or other person
6requiring his confinement, $3.
7    For feeding such prisoners per day, $3, to be paid by the
8marshal or other person requiring the prisoner's confinement.
9    For discharging such prisoners, $3.
10    For conveying persons to the penitentiary, reformatories,
11Illinois State Training School for Boys, Illinois State
12Training School for Girls, Reception Centers and Illinois
13Security Hospital, the following fees, payable out of the State
14Treasury. When one person is conveyed, 20¢ per mile in going to
15the penitentiary, reformatories, Illinois State Training
16School for Boys, Illinois State Training School for Girls,
17Reception Centers and Illinois Security Hospital from the place
18of conviction; when 2 persons are conveyed at the same time,
1920¢ per mile for the first and 15¢ per mile for the second
20person; when more than 2 persons are conveyed at the same time
21as Stated above, the sheriff shall be allowed 20¢ per mile for
22the first, 15¢ per mile for the second and 10¢ per mile for
23each additional person.
24    The fees provided for herein for transporting persons to
25the penitentiary, reformatories, Illinois State Training
26School for Boys, Illinois State Training School for Girls,

 

 

10100SB1968ham001- 106 -LRB101 08002 RLC 74920 a

1Reception Centers and Illinois Security Hospital, shall be paid
2for each trip so made. Mileage as used in this Section means
3the shortest route on a hard surfaced road, (either State Bond
4Issue Route or Federal highways) or railroad, whichever is
5shorter, between the place from which the person is to be
6transported, to the penitentiary, reformatories, Illinois
7State Training School for Boys, Illinois State Training School
8for Girls, Reception Centers and Illinois Security Hospital,
9and all fees per mile shall be computed on such basis.
10    In addition to the above fees, there shall be allowed to
11the sheriff a fee of $900 for the sale of real estate which
12shall be made by virtue of any judgment of a court. In addition
13to this fee and all other fees provided by this Section, there
14shall be allowed to the sheriff a fee in accordance with the
15following schedule for the sale of personal estate which is
16made by virtue of any judgment of a court:
17    For judgments up to $1,000, $100;
18    For judgments over $1,000 to $15,000, $300;
19    For judgments over $15,000, $500.
20    In all cases where the judgment is settled by the parties,
21replevied, stopped by injunction or paid, or where the property
22levied upon is not actually sold, the sheriff shall be allowed
23the fee for levying and mileage, together with half the fee for
24all money collected by him or her which he or she would be
25entitled to if the same were made by sale in the enforcement of
26a judgment. In no case shall the fee exceed the amount of money

 

 

10100SB1968ham001- 107 -LRB101 08002 RLC 74920 a

1arising from the sale.
2    The fee requirements of this Section do not apply to police
3departments or other law enforcement agencies. For the purposes
4of this Section, "law enforcement agency" means an agency of
5the State or unit of local government which is vested by law or
6ordinance with the duty to maintain public order and to enforce
7criminal laws or ordinances.
8    The fee requirements of this Section do not apply to units
9of local government or school districts.
10(Source: P.A. 100-173, eff. 1-1-18.)
 
11    (55 ILCS 5/4-12001.1)  (from Ch. 34, par. 4-12001.1)
12    Sec. 4-12001.1. Fees of sheriff in third class counties;
13local governments and school districts. The officers herein
14named, in counties of the third class, shall be entitled to
15receive the fees herein specified from all units of local
16government and school districts, for the services mentioned and
17such other fees as may be provided by law for such other
18services not herein designated.
19Fees for Sheriff
20    For serving or attempting to serve any summons on each
21defendant, $25.
22    For serving or attempting to serve each alias summons or
23other process mileage will be charged as hereinafter provided
24when the address for service differs from the address for
25service on the original summons or other process.

 

 

10100SB1968ham001- 108 -LRB101 08002 RLC 74920 a

1    For serving or attempting to serve all other process, on
2each defendant, $25.
3    For serving or attempting to serve a subpoena on each
4witness, $25.
5    For serving or attempting to serve each warrant, $25.
6    For serving or attempting to serve each garnishee, $25.
7    For summoning each juror, $4.
8    For serving or attempting to serve each order or judgment
9for replevin, $25.
10    For serving or attempting to serve an order for attachment,
11on each defendant, $25.
12    For serving or attempting to serve an order or judgment for
13the possession of real estate in an action of ejectment or in
14any other action, or for restitution in an eviction action,
15without aid, $9, and when aid is necessary, the sheriff shall
16be allowed to tax in addition the actual costs thereof.
17    For serving or attempting to serve notice of judgment, $25.
18    For levying to satisfy an order in an action for
19attachment, $25.
20    For executing order of court to seize personal property,
21$25.
22    For making certificate of levy on real estate and filing or
23recording same, $3, and the fee for filing or recording shall
24be advanced by the plaintiff in attachment or by the judgment
25creditor and taxed as costs. For taking possession of or
26removing property levied on, the sheriff shall be allowed to

 

 

10100SB1968ham001- 109 -LRB101 08002 RLC 74920 a

1tax the necessary actual costs of such possession or removal.
2    For advertising property for sale, $3.
3    For making certificate of sale and making and filing
4duplicate for record, $3, and the fee for recording same shall
5be advanced by the judgment creditor and taxed as costs.
6    For preparing, executing and acknowledging deed on
7redemption from a court sale of real estate, $6; for preparing,
8executing and acknowledging all other deeds on sale of real
9estate, $4.
10    For making and filing certificate of redemption, $3.50, and
11the fee for recording same shall be advanced by party making
12the redemption and taxed as costs.
13    For making and filing certificate of redemption from a
14court sale, $4.50, and the fee for recording same shall be
15advanced by the party making the redemption and taxed as costs.
16    For taking all bonds on legal process, $2.
17    For taking special bail, $2.
18    For returning each process, $5.
19    Mileage for service or attempted service of all process is
20a $10 flat fee.
21    For attending before a court with a prisoner on an order
22for habeas corpus, $3.50 per day.
23    For executing requisitions from other States, $5.
24    For conveying each prisoner from the prisoner's county to
25the jail of another county, per mile for going only, 25¢.
26    For committing to or discharging each prisoner from jail,

 

 

10100SB1968ham001- 110 -LRB101 08002 RLC 74920 a

1$1.
2    For feeding each prisoner, such compensation to cover
3actual costs as may be fixed by the county board, but such
4compensation shall not be considered a part of the fees of the
5office.
6    For committing each prisoner to jail under the laws of the
7United States, to be paid by the marshal or other person
8requiring his confinement, $1.
9    For feeding such prisoners per day, $1, to be paid by the
10marshal or other person requiring the prisoner's confinement.
11    For discharging such prisoners, $1.
12    For conveying persons to the penitentiary, reformatories,
13Illinois State Training School for Boys, Illinois State
14Training School for Girls, Reception Centers and Illinois
15Security Hospital, the following fees, payable out of the State
16Treasury. When one person is conveyed, 15¢ per mile in going to
17the penitentiary, reformatories, Illinois State Training
18School for Boys, Illinois State Training School for Girls,
19Reception Centers and Illinois Security Hospital from the place
20of conviction; when 2 persons are conveyed at the same time,
2115¢ per mile for the first and 10¢ per mile for the second
22person; when more than 2 persons are conveyed at the same time
23as stated above, the sheriff shall be allowed 15¢ per mile for
24the first, 10¢ per mile for the second and 5¢ per mile for each
25additional person.
26    The fees provided for herein for transporting persons to

 

 

10100SB1968ham001- 111 -LRB101 08002 RLC 74920 a

1the penitentiary, reformatories, Illinois State Training
2School for Boys, Illinois State Training School for Girls,
3Reception Centers and Illinois Security Hospital, shall be paid
4for each trip so made. Mileage as used in this Section means
5the shortest route on a hard surfaced road, (either State Bond
6Issue Route or Federal highways) or railroad, whichever is
7shorter, between the place from which the person is to be
8transported, to the penitentiary, reformatories, Illinois
9State Training School for Boys, Illinois State Training School
10for Girls, Reception Centers and Illinois Security Hospital,
11and all fees per mile shall be computed on such basis.
12    In addition to the above fees, there shall be allowed to
13the sheriff a fee of $600 for the sale of real estate which
14shall be made by virtue of any judgment of a court. In addition
15to this fee and all other fees provided by this Section, there
16shall be allowed to the sheriff a fee in accordance with the
17following schedule for the sale of personal estate which is
18made by virtue of any judgment of a court:
19    For judgments up to $1,000, $90;
20    For judgments over $1,000 to $15,000, $275;
21    For judgments over $15,000, $400.
22    In all cases where the judgment is settled by the parties,
23replevied, stopped by injunction or paid, or where the property
24levied upon is not actually sold, the sheriff shall be allowed
25the fee for levying and mileage, together with half the fee for
26all money collected by him or her which he or she would be

 

 

10100SB1968ham001- 112 -LRB101 08002 RLC 74920 a

1entitled to if the same were made by sale in the enforcement of
2a judgment. In no case shall the fee exceed the amount of money
3arising from the sale.
4     All fees collected under Sections 4-12001 and 4-12001.1
5must be used for public safety purposes only.
6(Source: P.A. 100-173, eff. 1-1-18.)
 
7    Section 10-161. The Counties Code is amended by adding
8Section 3-6041 as follows:
 
9    (55 ILCS 5/3-6041 new)
10    Sec. 3-6041. Military equipment surplus program.
11    (a) For purposes of this Section:
12    "Bayonet" means a large knife designed to be attached to
13the muzzle of a rifle, shotgun, or long gun for the purpose of
14hand-to-hand combat.
15    "Grenade launcher" means a firearm or firearm accessory
16designed to launch small explosive projectiles.
17    "Military equipment surplus program" means any federal or
18State program allowing a law enforcement agency to obtain
19surplus military equipment including, but not limited to, any
20program organized under Section 1122 of the National Defense
21Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or
22Section 1033 of the National Defense Authorization Act for
23Fiscal Year 1997 (Pub. L. 104-201) or any program established
24under 10 U.S.C. 2576a.

 

 

10100SB1968ham001- 113 -LRB101 08002 RLC 74920 a

1    "Tracked armored vehicle" means a vehicle that provides
2ballistic protection to its occupants and utilizes a tracked
3system installed of wheels for forward motion.
4    "Weaponized aircraft, vessel, or vehicle" means any
5aircraft, vessel, or vehicle with weapons installed.
6    (b) A sheriff's department shall not request or receive
7from any military equipment surplus program nor purchase or
8otherwise utilize the following equipment:
9        (1) tracked armored vehicles;
10        (2) weaponized aircraft, vessels, or vehicles;
11        (3) firearms of .50-caliber or higher;
12        (4) ammunition of .50-caliber or higher;
13        (5) grenade launchers; or
14        (6) bayonets.
15    (c) A home rule county may not regulate the acquisition of
16equipment in a manner inconsistent with this Section. This
17Section is a limitation under subsection (i) of Section 6 of
18Article VII of the Illinois Constitution on the concurrent
19exercise by home rule counties of powers and functions
20exercised by the State.
21    (d) If the sheriff requests property from a military
22equipment surplus program, the sheriff shall publish notice of
23the request on a publicly accessible website maintained by the
24sheriff or the county within 14 days after the request.
 
25    Section 10-165. The Illinois Municipal Code is amended by

 

 

10100SB1968ham001- 114 -LRB101 08002 RLC 74920 a

1adding Section 11-5.1-2 as follows:
 
2    (65 ILCS 5/11-5.1-2 new)
3    Sec. 11-5.1-2. Military equipment surplus program.
4    (a) For purposes of this Section:
5    "Bayonet" means large knives designed to be attached to the
6muzzle of a rifle, shotgun, or long gun for the purposes of
7hand-to-hand combat.
8    "Grenade launcher" means a firearm or firearm accessory
9designed to launch small explosive projectiles.
10    "Military equipment surplus program" means any federal or
11state program allowing a law enforcement agency to obtain
12surplus military equipment including, but not limit to, any
13program organized under Section 1122 of the National Defense
14Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or
15Section 1033 of the National Defense Authorization Act for
16Fiscal Year 1997 (Pub. L. 104-201) or any program established
17by the United States Department of Defense under 10 U.S.C.
182576a.
19    "Tracked armored vehicle" means a vehicle that provides
20ballistic protection to its occupants and utilizes a tracked
21system installed of wheels for forward motion.
22    "Weaponized aircraft, vessels, or vehicles" means any
23aircraft, vessel, or vehicle with weapons installed.
24    (b) A police department shall not request or receive from
25any military equipment surplus program nor purchase or

 

 

10100SB1968ham001- 115 -LRB101 08002 RLC 74920 a

1otherwise utilize the following equipment:
2        (1) tracked armored vehicles;
3        (2) weaponized aircraft, vessels, or vehicles;
4        (3) firearms of .50-caliber or higher;
5        (4) ammunition of .50-caliber or higher;
6        (5) grenade launchers, grenades, or similar
7    explosives; or
8        (6) bayonets.
9    (c) A home rule municipality may not regulate the
10acquisition of equipment in a manner inconsistent with this
11Section. This Section is a limitation under subsection (i) of
12Section 6 of Article VII of the Illinois Constitution on the
13concurrent exercise by home rule municipalities of powers and
14functions exercised by the State.
15    (d) If a police department requests other property not
16prohibited from a military equipment surplus program, the
17police department shall publish notice of the request on a
18publicly accessible website maintained by the police
19department or the municipality within 14 days after the
20request.
 
21    (65 ILCS 5/1-2-12.1 rep.)
22    Section 10-170. The Illinois Municipal Code is amended by
23repealing Section 1-2-12.1.
 
24    Section 10-175. The Campus Security Enhancement Act of 2008

 

 

10100SB1968ham001- 116 -LRB101 08002 RLC 74920 a

1is amended by changing Section 15 as follows:
 
2    (110 ILCS 12/15)
3    Sec. 15. Arrest reports.
4    (a) When an individual is arrested, the following
5information must be made available to the news media for
6inspection and copying:
7        (1) Information that identifies the individual,
8    including the name, age, address, and photograph, when and
9    if available.
10        (2) Information detailing any charges relating to the
11    arrest.
12        (3) The time and location of the arrest.
13        (4) The name of the investigating or arresting law
14    enforcement agency.
15        (5) If the individual is incarcerated, the conditions
16    of pretrial release amount of any bail or bond.
17        (6) If the individual is incarcerated, the time and
18    date that the individual was received, discharged, or
19    transferred from the arresting agency's custody.
20    (b) The information required by this Section must be made
21available to the news media for inspection and copying as soon
22as practicable, but in no event shall the time period exceed 72
23hours from the arrest. The information described in paragraphs
24(3), (4), (5), and (6) of subsection (a), however, may be
25withheld if it is determined that disclosure would:

 

 

10100SB1968ham001- 117 -LRB101 08002 RLC 74920 a

1        (1) interfere with pending or actually and reasonably
2    contemplated law enforcement proceedings conducted by any
3    law enforcement or correctional agency;
4        (2) endanger the life or physical safety of law
5    enforcement or correctional personnel or any other person;
6    or
7        (3) compromise the security of any correctional
8    facility.
9    (c) For the purposes of this Section the term "news media"
10means personnel of a newspaper or other periodical issued at
11regular intervals whether in print or electronic format, a news
12service whether in print or electronic format, a radio station,
13a television station, a television network, a community antenna
14television service, or a person or corporation engaged in
15making news reels or other motion picture news for public
16showing.
17    (d) Each law enforcement or correctional agency may charge
18fees for arrest records, but in no instance may the fee exceed
19the actual cost of copying and reproduction. The fees may not
20include the cost of the labor used to reproduce the arrest
21record.
22    (e) The provisions of this Section do not supersede the
23confidentiality provisions for arrest records of the Juvenile
24Court Act of 1987.
25(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;
2692-335, eff. 8-10-01.)
 

 

 

10100SB1968ham001- 118 -LRB101 08002 RLC 74920 a

1    Section 10-180. The Illinois Insurance Code is amended by
2changing Sections 143.19, 143.19.1, and 205 as follows:
 
3    (215 ILCS 5/143.19)  (from Ch. 73, par. 755.19)
4    Sec. 143.19. Cancellation of automobile insurance policy;
5grounds. After a policy of automobile insurance as defined in
6Section 143.13(a) has been effective for 60 days, or if such
7policy is a renewal policy, the insurer shall not exercise its
8option to cancel such policy except for one or more of the
9following reasons:
10        a. Nonpayment of premium;
11        b. The policy was obtained through a material
12    misrepresentation;
13        c. Any insured violated any of the terms and conditions
14    of the policy;
15        d. The named insured failed to disclose fully his motor
16    vehicle accidents and moving traffic violations for the
17    preceding 36 months if called for in the application;
18        e. Any insured made a false or fraudulent claim or
19    knowingly aided or abetted another in the presentation of
20    such a claim;
21        f. The named insured or any other operator who either
22    resides in the same household or customarily operates an
23    automobile insured under such policy:
24            1. has, within the 12 months prior to the notice of

 

 

10100SB1968ham001- 119 -LRB101 08002 RLC 74920 a

1        cancellation, had his driver's license under
2        suspension or revocation;
3            2. is or becomes subject to epilepsy or heart
4        attacks, and such individual does not produce a
5        certificate from a physician testifying to his
6        unqualified ability to operate a motor vehicle safely;
7            3. has an accident record, conviction record
8        (criminal or traffic), physical, or mental condition
9        which is such that his operation of an automobile might
10        endanger the public safety;
11            4. has, within the 36 months prior to the notice of
12        cancellation, been addicted to the use of narcotics or
13        other drugs; or
14            5. has been convicted, or violated conditions of
15        pretrial release forfeited bail, during the 36 months
16        immediately preceding the notice of cancellation, for
17        any felony, criminal negligence resulting in death,
18        homicide or assault arising out of the operation of a
19        motor vehicle, operating a motor vehicle while in an
20        intoxicated condition or while under the influence of
21        drugs, being intoxicated while in, or about, an
22        automobile or while having custody of an automobile,
23        leaving the scene of an accident without stopping to
24        report, theft or unlawful taking of a motor vehicle,
25        making false statements in an application for an
26        operator's or chauffeur's license or has been

 

 

10100SB1968ham001- 120 -LRB101 08002 RLC 74920 a

1        convicted or pretrial release has been revoked
2        forfeited bail for 3 or more violations within the 12
3        months immediately preceding the notice of
4        cancellation, of any law, ordinance, or regulation
5        limiting the speed of motor vehicles or any of the
6        provisions of the motor vehicle laws of any state,
7        violation of which constitutes a misdemeanor, whether
8        or not the violations were repetitions of the same
9        offense or different offenses;
10        g. The insured automobile is:
11            1. so mechanically defective that its operation
12        might endanger public safety;
13            2. used in carrying passengers for hire or
14        compensation (the use of an automobile for a car pool
15        shall not be considered use of an automobile for hire
16        or compensation);
17            3. used in the business of transportation of
18        flammables or explosives;
19            4. an authorized emergency vehicle;
20            5. changed in shape or condition during the policy
21        period so as to increase the risk substantially; or
22            6. subject to an inspection law and has not been
23        inspected or, if inspected, has failed to qualify.
24    Nothing in this Section shall apply to nonrenewal.
25(Source: P.A. 100-201, eff. 8-18-17.)
 

 

 

10100SB1968ham001- 121 -LRB101 08002 RLC 74920 a

1    (215 ILCS 5/143.19.1)  (from Ch. 73, par. 755.19.1)
2    Sec. 143.19.1. Limits on exercise of right of nonrenewal.
3After a policy of automobile insurance, as defined in Section
4143.13, has been effective or renewed for 5 or more years, the
5company shall not exercise its right of non-renewal unless:
6    a. The policy was obtained through a material
7misrepresentation; or
8    b. Any insured violated any of the terms and conditions of
9the policy; or
10    c. The named insured failed to disclose fully his motor
11vehicle accidents and moving traffic violations for the
12preceding 36 months, if such information is called for in the
13application; or
14    d. Any insured made a false or fraudulent claim or
15knowingly aided or abetted another in the presentation of such
16a claim; or
17    e. The named insured or any other operator who either
18resides in the same household or customarily operates an
19automobile insured under such a policy:
20        1. Has, within the 12 months prior to the notice of
21    non-renewal had his drivers license under suspension or
22    revocation; or
23        2. Is or becomes subject to epilepsy or heart attacks,
24    and such individual does not produce a certificate from a
25    physician testifying to his unqualified ability to operate
26    a motor vehicle safely; or

 

 

10100SB1968ham001- 122 -LRB101 08002 RLC 74920 a

1        3. Has an accident record, conviction record (criminal
2    or traffic), or a physical or mental condition which is
3    such that his operation of an automobile might endanger the
4    public safety; or
5        4. Has, within the 36 months prior to the notice of
6    non-renewal, been addicted to the use of narcotics or other
7    drugs; or
8        5. Has been convicted or pretrial release has been
9    revoked forfeited bail, during the 36 months immediately
10    preceding the notice of non-renewal, for any felony,
11    criminal negligence resulting in death, homicide or
12    assault arising out of the operation of a motor vehicle,
13    operating a motor vehicle while in an intoxicated condition
14    or while under the influence of drugs, being intoxicated
15    while in or about an automobile or while having custody of
16    an automobile, leaving the scene of an accident without
17    stopping to report, theft or unlawful taking of a motor
18    vehicle, making false statements in an application for an
19    operators or chauffeurs license, or has been convicted or
20    pretrial release has been revoked forfeited bail for 3 or
21    more violations within the 12 months immediately preceding
22    the notice of non-renewal, of any law, ordinance or
23    regulation limiting the speed of motor vehicles or any of
24    the provisions of the motor vehicle laws of any state,
25    violation of which constitutes a misdemeanor, whether or
26    not the violations were repetitions of the same offense or

 

 

10100SB1968ham001- 123 -LRB101 08002 RLC 74920 a

1    different offenses; or
2    f. The insured automobile is:
3        1. So mechanically defective that its operation might
4    endanger public safety; or
5        2. Used in carrying passengers for hire or compensation
6    (the use of an automobile for a car pool shall not be
7    considered use of an automobile for hire or compensation);
8    or
9        3. Used in the business of transportation of flammables
10    or explosives; or
11        4. An authorized emergency vehicle; or
12        5. Changed in shape or condition during the policy
13    period so as to increase the risk substantially; or
14        6. Subject to an inspection law and it has not been
15    inspected or, if inspected, has failed to qualify; or
16    g. The notice of the intention not to renew is mailed to
17the insured at least 60 days before the date of nonrenewal as
18provided in Section 143.17.
19(Source: P.A. 89-669, eff. 1-1-97.)
 
20    (215 ILCS 5/205)  (from Ch. 73, par. 817)
21    Sec. 205. Priority of distribution of general assets.
22    (1) The priorities of distribution of general assets from
23the company's estate is to be as follows:
24        (a) The costs and expenses of administration,
25    including, but not limited to, the following:

 

 

10100SB1968ham001- 124 -LRB101 08002 RLC 74920 a

1            (i) The reasonable expenses of the Illinois
2        Insurance Guaranty Fund, the Illinois Life and Health
3        Insurance Guaranty Association, and the Illinois
4        Health Maintenance Organization Guaranty Association
5        and of any similar organization in any other state,
6        including overhead, salaries, and other general
7        administrative expenses allocable to the receivership
8        (administrative and claims handling expenses and
9        expenses in connection with arrangements for ongoing
10        coverage), but excluding expenses incurred in the
11        performance of duties under Section 547 or similar
12        duties under the statute governing a similar
13        organization in another state. For property and
14        casualty insurance guaranty associations that guaranty
15        certain obligations of any member company as defined by
16        Section 534.5, expenses shall include, but not be
17        limited to, loss adjustment expenses, which shall
18        include adjusting and other expenses and defense and
19        cost containment expenses. The expenses of such
20        property and casualty guaranty associations, including
21        the Illinois Insurance Guaranty Fund, shall be
22        reimbursed as prescribed by Section 545, but shall be
23        subordinate to all other costs and expenses of
24        administration, including the expenses reimbursed
25        pursuant to subparagraph (ii) of this paragraph (a).
26            (ii) The expenses expressly approved or ratified

 

 

10100SB1968ham001- 125 -LRB101 08002 RLC 74920 a

1        by the Director as liquidator or rehabilitator,
2        including, but not limited to, the following:
3                (1) the actual and necessary costs of
4            preserving or recovering the property of the
5            insurer;
6                (2) reasonable compensation for all services
7            rendered on behalf of the administrative
8            supervisor or receiver;
9                (3) any necessary filing fees;
10                (4) the fees and mileage payable to witnesses;
11                (5) unsecured loans obtained by the receiver;
12            and
13                (6) expenses approved by the conservator or
14        rehabilitator of the insurer, if any, incurred in the
15        course of the conservation or rehabilitation that are
16        unpaid at the time of the entry of the order of
17        liquidation.
18        Any unsecured loan falling under item (5) of
19    subparagraph (ii) of this paragraph (a) shall have priority
20    over all other costs and expenses of administration, unless
21    the lender agrees otherwise. Absent agreement to the
22    contrary, all other costs and expenses of administration
23    shall be shared on a pro-rata basis, except for the
24    expenses of property and casualty guaranty associations,
25    which shall have a lower priority pursuant to subparagraph
26    (i) of this paragraph (a).

 

 

10100SB1968ham001- 126 -LRB101 08002 RLC 74920 a

1        (b) Secured claims, including claims for taxes and
2    debts due the federal or any state or local government,
3    that are secured by liens perfected prior to the filing of
4    the complaint.
5        (c) Claims for wages actually owing to employees for
6    services rendered within 3 months prior to the date of the
7    filing of the complaint, not exceeding $1,000 to each
8    employee unless there are claims due the federal government
9    under paragraph (f), then the claims for wages shall have a
10    priority of distribution immediately following that of
11    federal claims under paragraph (f) and immediately
12    preceding claims of general creditors under paragraph (g).
13        (d) Claims by policyholders, beneficiaries, and
14    insureds, under insurance policies, annuity contracts, and
15    funding agreements, liability claims against insureds
16    covered under insurance policies and insurance contracts
17    issued by the company, claims of obligees (and, subject to
18    the discretion of the receiver, completion contractors)
19    under surety bonds and surety undertakings (not to include
20    bail bonds, mortgage or financial guaranty, or other forms
21    of insurance offering protection against investment risk),
22    claims by principals under surety bonds and surety
23    undertakings for wrongful dissipation of collateral by the
24    insurer or its agents, and claims incurred during any
25    extension of coverage provided under subsection (5) of
26    Section 193, and claims of the Illinois Insurance Guaranty

 

 

10100SB1968ham001- 127 -LRB101 08002 RLC 74920 a

1    Fund, the Illinois Life and Health Insurance Guaranty
2    Association, the Illinois Health Maintenance Organization
3    Guaranty Association, and any similar organization in
4    another state as prescribed in Section 545. For purposes of
5    this Section, "funding agreement" means an agreement
6    whereby an insurer authorized to write business under Class
7    1 of Section 4 of this Code may accept and accumulate funds
8    and make one or more payments at future dates in amounts
9    that are not based upon mortality or morbidity
10    contingencies.
11        (e) Claims by policyholders, beneficiaries, and
12    insureds, the allowed values of which were determined by
13    estimation under paragraph (b) of subsection (4) of Section
14    209.
15        (f) Any other claims due the federal government.
16        (g) All other claims of general creditors not falling
17    within any other priority under this Section including
18    claims for taxes and debts due any state or local
19    government which are not secured claims and claims for
20    attorneys' fees incurred by the company in contesting its
21    conservation, rehabilitation, or liquidation.
22        (h) Claims of guaranty fund certificate holders,
23    guaranty capital shareholders, capital note holders, and
24    surplus note holders.
25        (i) Proprietary claims of shareholders, members, or
26    other owners.

 

 

10100SB1968ham001- 128 -LRB101 08002 RLC 74920 a

1    Every claim under a written agreement, statute, or rule
2providing that the assets in a separate account are not
3chargeable with the liabilities arising out of any other
4business of the insurer shall be satisfied out of the funded
5assets in the separate account equal to, but not to exceed, the
6reserves maintained in the separate account under the separate
7account agreement, and to the extent, if any, the claim is not
8fully discharged thereby, the remainder of the claim shall be
9treated as a priority level (d) claim under paragraph (d) of
10this subsection to the extent that reserves have been
11established in the insurer's general account pursuant to
12statute, rule, or the separate account agreement.
13    For purposes of this provision, "separate account
14policies, contracts, or agreements" means any policies,
15contracts, or agreements that provide for separate accounts as
16contemplated by Section 245.21.
17    To the extent that any assets of an insurer, other than
18those assets properly allocated to and maintained in a separate
19account, have been used to fund or pay any expenses, taxes, or
20policyholder benefits that are attributable to a separate
21account policy, contract, or agreement that should have been
22paid by a separate account prior to the commencement of
23receivership proceedings, then upon the commencement of
24receivership proceedings, the separate accounts that benefited
25from this payment or funding shall first be used to repay or
26reimburse the company's general assets or account for any

 

 

10100SB1968ham001- 129 -LRB101 08002 RLC 74920 a

1unreimbursed net sums due at the commencement of receivership
2proceedings prior to the application of the separate account
3assets to the satisfaction of liabilities or the corresponding
4separate account policies, contracts, and agreements.
5    To the extent, if any, reserves or assets maintained in the
6separate account are in excess of the amounts needed to satisfy
7claims under the separate account contracts, the excess shall
8be treated as part of the general assets of the insurer's
9estate.
10    (2) Within 120 days after the issuance of an Order of
11Liquidation with a finding of insolvency against a domestic
12company, the Director shall make application to the court
13requesting authority to disburse funds to the Illinois
14Insurance Guaranty Fund, the Illinois Life and Health Insurance
15Guaranty Association, the Illinois Health Maintenance
16Organization Guaranty Association, and similar organizations
17in other states from time to time out of the company's
18marshaled assets as funds become available in amounts equal to
19disbursements made by the Illinois Insurance Guaranty Fund, the
20Illinois Life and Health Insurance Guaranty Association, the
21Illinois Health Maintenance Organization Guaranty Association,
22and similar organizations in other states for covered claims
23obligations on the presentation of evidence that such
24disbursements have been made by the Illinois Insurance Guaranty
25Fund, the Illinois Life and Health Insurance Guaranty
26Association, the Illinois Health Maintenance Organization

 

 

10100SB1968ham001- 130 -LRB101 08002 RLC 74920 a

1Guaranty Association, and similar organizations in other
2states.
3    The Director shall establish procedures for the ratable
4allocation and distribution of disbursements to the Illinois
5Insurance Guaranty Fund, the Illinois Life and Health Insurance
6Guaranty Association, the Illinois Health Maintenance
7Organization Guaranty Association, and similar organizations
8in other states. In determining the amounts available for
9disbursement, the Director shall reserve sufficient assets for
10the payment of the expenses of administration described in
11paragraph (1)(a) of this Section. All funds available for
12disbursement after the establishment of the prescribed reserve
13shall be promptly distributed. As a condition to receipt of
14funds in reimbursement of covered claims obligations, the
15Director shall secure from the Illinois Insurance Guaranty
16Fund, the Illinois Life and Health Insurance Guaranty
17Association, the Illinois Health Maintenance Organization
18Guaranty Association, and each similar organization in other
19states, an agreement to return to the Director on demand funds
20previously received as may be required to pay claims of secured
21creditors and claims falling within the priorities established
22in paragraphs (a), (b), (c), and (d) of subsection (1) of this
23Section in accordance with such priorities.
24    (3) The changes made in this Section by this amendatory Act
25of the 100th General Assembly apply to all liquidation,
26rehabilitation, or conservation proceedings that are pending

 

 

10100SB1968ham001- 131 -LRB101 08002 RLC 74920 a

1on the effective date of this amendatory Act of the 100th
2General Assembly and to all future liquidation,
3rehabilitation, or conservation proceedings.
4    (4) The provisions of this Section are severable under
5Section 1.31 of the Statute on Statutes.
6(Source: P.A. 100-410, eff. 8-25-17.)
 
7    Section 10-185. The Illinois Gambling Act is amended by
8changing Section 5.1 as follows:
 
9    (230 ILCS 10/5.1)  (from Ch. 120, par. 2405.1)
10    Sec. 5.1. Disclosure of records.
11    (a) Notwithstanding any applicable statutory provision to
12the contrary, the Board shall, on written request from any
13person, provide information furnished by an applicant or
14licensee concerning the applicant or licensee, his products,
15services or gambling enterprises and his business holdings, as
16follows:
17        (1) The name, business address and business telephone
18    number of any applicant or licensee.
19        (2) An identification of any applicant or licensee
20    including, if an applicant or licensee is not an
21    individual, the names and addresses of all stockholders and
22    directors, if the entity is a corporation; the names and
23    addresses of all members, if the entity is a limited
24    liability company; the names and addresses of all partners,

 

 

10100SB1968ham001- 132 -LRB101 08002 RLC 74920 a

1    both general and limited, if the entity is a partnership;
2    and the names and addresses of all beneficiaries, if the
3    entity is a trust. If an applicant or licensee has a
4    pending registration statement filed with the Securities
5    and Exchange Commission, only the names of those persons or
6    entities holding interest of 5% or more must be provided.
7        (3) An identification of any business, including, if
8    applicable, the state of incorporation or registration, in
9    which an applicant or licensee or an applicant's or
10    licensee's spouse or children has an equity interest of
11    more than 1%. If an applicant or licensee is a corporation,
12    partnership or other business entity, the applicant or
13    licensee shall identify any other corporation, partnership
14    or business entity in which it has an equity interest of 1%
15    or more, including, if applicable, the state of
16    incorporation or registration. This information need not
17    be provided by a corporation, partnership or other business
18    entity that has a pending registration statement filed with
19    the Securities and Exchange Commission.
20        (4) Whether an applicant or licensee has been indicted,
21    convicted, pleaded guilty or nolo contendere, or pretrial
22    release has been revoked forfeited bail concerning any
23    criminal offense under the laws of any jurisdiction, either
24    felony or misdemeanor (except for traffic violations),
25    including the date, the name and location of the court,
26    arresting agency and prosecuting agency, the case number,

 

 

10100SB1968ham001- 133 -LRB101 08002 RLC 74920 a

1    the offense, the disposition and the location and length of
2    incarceration.
3        (5) Whether an applicant or licensee has had any
4    license or certificate issued by a licensing authority in
5    Illinois or any other jurisdiction denied, restricted,
6    suspended, revoked or not renewed and a statement
7    describing the facts and circumstances concerning the
8    denial, restriction, suspension, revocation or
9    non-renewal, including the licensing authority, the date
10    each such action was taken, and the reason for each such
11    action.
12        (6) Whether an applicant or licensee has ever filed or
13    had filed against it a proceeding in bankruptcy or has ever
14    been involved in any formal process to adjust, defer,
15    suspend or otherwise work out the payment of any debt
16    including the date of filing, the name and location of the
17    court, the case and number of the disposition.
18        (7) Whether an applicant or licensee has filed, or been
19    served with a complaint or other notice filed with any
20    public body, regarding the delinquency in the payment of,
21    or a dispute over the filings concerning the payment of,
22    any tax required under federal, State or local law,
23    including the amount, type of tax, the taxing agency and
24    time periods involved.
25        (8) A statement listing the names and titles of all
26    public officials or officers of any unit of government, and

 

 

10100SB1968ham001- 134 -LRB101 08002 RLC 74920 a

1    relatives of said public officials or officers who,
2    directly or indirectly, own any financial interest in, have
3    any beneficial interest in, are the creditors of or hold
4    any debt instrument issued by, or hold or have any interest
5    in any contractual or service relationship with, an
6    applicant or licensee.
7        (9) Whether an applicant or licensee has made, directly
8    or indirectly, any political contribution, or any loans,
9    donations or other payments, to any candidate or office
10    holder, within 5 years from the date of filing the
11    application, including the amount and the method of
12    payment.
13        (10) The name and business telephone number of the
14    counsel representing an applicant or licensee in matters
15    before the Board.
16        (11) A description of any proposed or approved gambling
17    operation, including the type of boat, home dock, or casino
18    or gaming location, expected economic benefit to the
19    community, anticipated or actual number of employees, any
20    statement from an applicant or licensee regarding
21    compliance with federal and State affirmative action
22    guidelines, projected or actual admissions and projected
23    or actual adjusted gross gaming receipts.
24        (12) A description of the product or service to be
25    supplied by an applicant for a supplier's license.
26    (b) Notwithstanding any applicable statutory provision to

 

 

10100SB1968ham001- 135 -LRB101 08002 RLC 74920 a

1the contrary, the Board shall, on written request from any
2person, also provide the following information:
3        (1) The amount of the wagering tax and admission tax
4    paid daily to the State of Illinois by the holder of an
5    owner's license.
6        (2) Whenever the Board finds an applicant for an
7    owner's license unsuitable for licensing, a copy of the
8    written letter outlining the reasons for the denial.
9        (3) Whenever the Board has refused to grant leave for
10    an applicant to withdraw his application, a copy of the
11    letter outlining the reasons for the refusal.
12    (c) Subject to the above provisions, the Board shall not
13disclose any information which would be barred by:
14        (1) Section 7 of the Freedom of Information Act; or
15        (2) The statutes, rules, regulations or
16    intergovernmental agreements of any jurisdiction.
17    (d) The Board may assess fees for the copying of
18information in accordance with Section 6 of the Freedom of
19Information Act.
20(Source: P.A. 101-31, eff. 6-28-19.)
 
21    Section 10-187. The Sexual Assault Survivors Emergency
22Treatment Act is amended by changing Section 7.5 as follows:
 
23    (410 ILCS 70/7.5)
24    Sec. 7.5. Prohibition on billing sexual assault survivors

 

 

10100SB1968ham001- 136 -LRB101 08002 RLC 74920 a

1directly for certain services; written notice; billing
2protocols.
3    (a) A hospital, approved pediatric health care facility,
4health care professional, ambulance provider, laboratory, or
5pharmacy furnishing medical forensic services, transportation,
6follow-up healthcare, or medication to a sexual assault
7survivor shall not:
8        (1) charge or submit a bill for any portion of the
9    costs of the services, transportation, or medications to
10    the sexual assault survivor, including any insurance
11    deductible, co-pay, co-insurance, denial of claim by an
12    insurer, spenddown, or any other out-of-pocket expense;
13        (2) communicate with, harass, or intimidate the sexual
14    assault survivor for payment of services, including, but
15    not limited to, repeatedly calling or writing to the sexual
16    assault survivor and threatening to refer the matter to a
17    debt collection agency or to an attorney for collection,
18    enforcement, or filing of other process;
19        (3) refer a bill to a collection agency or attorney for
20    collection action against the sexual assault survivor;
21        (4) contact or distribute information to affect the
22    sexual assault survivor's credit rating; or
23        (5) take any other action adverse to the sexual assault
24    survivor or his or her family on account of providing
25    services to the sexual assault survivor.
26    (b) Nothing in this Section precludes a hospital, health

 

 

10100SB1968ham001- 137 -LRB101 08002 RLC 74920 a

1care provider, ambulance provider, laboratory, or pharmacy
2from billing the sexual assault survivor or any applicable
3health insurance or coverage for inpatient services.
4    (c) Every hospital and approved pediatric health care
5facility providing treatment services to sexual assault
6survivors in accordance with a plan approved under Section 2 of
7this Act shall provide a written notice to a sexual assault
8survivor. The written notice must include, but is not limited
9to, the following:
10        (1) a statement that the sexual assault survivor should
11    not be directly billed by any ambulance provider providing
12    transportation services, or by any hospital, approved
13    pediatric health care facility, health care professional,
14    laboratory, or pharmacy for the services the sexual assault
15    survivor received as an outpatient at the hospital or
16    approved pediatric health care facility;
17        (2) a statement that a sexual assault survivor who is
18    admitted to a hospital may be billed for inpatient services
19    provided by a hospital, health care professional,
20    laboratory, or pharmacy;
21        (3) a statement that prior to leaving the hospital or
22    approved pediatric health care facility, the hospital or
23    approved pediatric health care facility will give the
24    sexual assault survivor a sexual assault services voucher
25    for follow-up healthcare if the sexual assault survivor is
26    eligible to receive a sexual assault services voucher;

 

 

10100SB1968ham001- 138 -LRB101 08002 RLC 74920 a

1        (4) the definition of "follow-up healthcare" as set
2    forth in Section 1a of this Act;
3        (5) a phone number the sexual assault survivor may call
4    should the sexual assault survivor receive a bill from the
5    hospital or approved pediatric health care facility for
6    medical forensic services;
7        (6) the toll-free phone number of the Office of the
8    Illinois Attorney General, Crime Victim Services Division,
9    which the sexual assault survivor may call should the
10    sexual assault survivor receive a bill from an ambulance
11    provider, approved pediatric health care facility, a
12    health care professional, a laboratory, or a pharmacy.
13    This subsection (c) shall not apply to hospitals that
14provide transfer services as defined under Section 1a of this
15Act.
16    (d) Within 60 days after the effective date of this
17amendatory Act of the 99th General Assembly, every health care
18professional, except for those employed by a hospital or
19hospital affiliate, as defined in the Hospital Licensing Act,
20or those employed by a hospital operated under the University
21of Illinois Hospital Act, who bills separately for medical or
22forensic services must develop a billing protocol that ensures
23that no survivor of sexual assault will be sent a bill for any
24medical forensic services and submit the billing protocol to
25the Crime Victim Services Division of the Office of the
26Attorney General for approval. Within 60 days after the

 

 

10100SB1968ham001- 139 -LRB101 08002 RLC 74920 a

1commencement of the provision of medical forensic services,
2every health care professional, except for those employed by a
3hospital or hospital affiliate, as defined in the Hospital
4Licensing Act, or those employed by a hospital operated under
5the University of Illinois Hospital Act, who bills separately
6for medical or forensic services must develop a billing
7protocol that ensures that no survivor of sexual assault is
8sent a bill for any medical forensic services and submit the
9billing protocol to the Crime Victim Services Division of the
10Office of the Attorney General for approval. Health care
11professionals who bill as a legal entity may submit a single
12billing protocol for the billing entity.
13    Within 60 days after the Department's approval of a
14treatment plan, an approved pediatric health care facility and
15any health care professional employed by an approved pediatric
16health care facility must develop a billing protocol that
17ensures that no survivor of sexual assault is sent a bill for
18any medical forensic services and submit the billing protocol
19to the Crime Victim Services Division of the Office of the
20Attorney General for approval.
21     The billing protocol must include at a minimum:
22        (1) a description of training for persons who prepare
23    bills for medical and forensic services;
24        (2) a written acknowledgement signed by a person who
25    has completed the training that the person will not bill
26    survivors of sexual assault;

 

 

10100SB1968ham001- 140 -LRB101 08002 RLC 74920 a

1        (3) prohibitions on submitting any bill for any portion
2    of medical forensic services provided to a survivor of
3    sexual assault to a collection agency;
4        (4) prohibitions on taking any action that would
5    adversely affect the credit of the survivor of sexual
6    assault;
7        (5) the termination of all collection activities if the
8    protocol is violated; and
9        (6) the actions to be taken if a bill is sent to a
10    collection agency or the failure to pay is reported to any
11    credit reporting agency.
12    The Crime Victim Services Division of the Office of the
13Attorney General may provide a sample acceptable billing
14protocol upon request.
15    The Office of the Attorney General shall approve a proposed
16protocol if it finds that the implementation of the protocol
17would result in no survivor of sexual assault being billed or
18sent a bill for medical forensic services.
19    If the Office of the Attorney General determines that
20implementation of the protocol could result in the billing of a
21survivor of sexual assault for medical forensic services, the
22Office of the Attorney General shall provide the health care
23professional or approved pediatric health care facility with a
24written statement of the deficiencies in the protocol. The
25health care professional or approved pediatric health care
26facility shall have 30 days to submit a revised billing

 

 

10100SB1968ham001- 141 -LRB101 08002 RLC 74920 a

1protocol addressing the deficiencies to the Office of the
2Attorney General. The health care professional or approved
3pediatric health care facility shall implement the protocol
4upon approval by the Crime Victim Services Division of the
5Office of the Attorney General.
6    The health care professional or approved pediatric health
7care facility shall submit any proposed revision to or
8modification of an approved billing protocol to the Crime
9Victim Services Division of the Office of the Attorney General
10for approval. The health care professional or approved
11pediatric health care facility shall implement the revised or
12modified billing protocol upon approval by the Crime Victim
13Services Division of the Office of the Illinois Attorney
14General.
15    (e) This Section is effective on and after July 1, 2021.
16(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
 
17    Section 10-190. The Illinois Vehicle Code is amended by
18changing Sections 6-204, 6-206, 6-308, 6-500, 6-601, and 16-103
19as follows:
 
20    (625 ILCS 5/6-204)  (from Ch. 95 1/2, par. 6-204)
21    Sec. 6-204. When court to forward license and reports.
22    (a) For the purpose of providing to the Secretary of State
23the records essential to the performance of the Secretary's
24duties under this Code to cancel, revoke or suspend the

 

 

10100SB1968ham001- 142 -LRB101 08002 RLC 74920 a

1driver's license and privilege to drive motor vehicles of
2certain minors and of persons found guilty of the criminal
3offenses or traffic violations which this Code recognizes as
4evidence relating to unfitness to safely operate motor
5vehicles, the following duties are imposed upon public
6officials:
7        (1) Whenever any person is convicted of any offense for
8    which this Code makes mandatory the cancellation or
9    revocation of the driver's license or permit of such person
10    by the Secretary of State, the judge of the court in which
11    such conviction is had shall require the surrender to the
12    clerk of the court of all driver's licenses or permits then
13    held by the person so convicted, and the clerk of the court
14    shall, within 5 days thereafter, forward the same, together
15    with a report of such conviction, to the Secretary.
16        (2) Whenever any person is convicted of any offense
17    under this Code or similar offenses under a municipal
18    ordinance, other than regulations governing standing,
19    parking or weights of vehicles, and excepting the following
20    enumerated Sections of this Code: Sections 11-1406
21    (obstruction to driver's view or control), 11-1407
22    (improper opening of door into traffic), 11-1410 (coasting
23    on downgrade), 11-1411 (following fire apparatus),
24    11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
25    vehicle which is in unsafe condition or improperly
26    equipped), 12-201(a) (daytime lights on motorcycles),

 

 

10100SB1968ham001- 143 -LRB101 08002 RLC 74920 a

1    12-202 (clearance, identification and side marker lamps),
2    12-204 (lamp or flag on projecting load), 12-205 (failure
3    to display the safety lights required), 12-401
4    (restrictions as to tire equipment), 12-502 (mirrors),
5    12-503 (windshields must be unobstructed and equipped with
6    wipers), 12-601 (horns and warning devices), 12-602
7    (mufflers, prevention of noise or smoke), 12-603 (seat
8    safety belts), 12-702 (certain vehicles to carry flares or
9    other warning devices), 12-703 (vehicles for oiling roads
10    operated on highways), 12-710 (splash guards and
11    replacements), 13-101 (safety tests), 15-101 (size, weight
12    and load), 15-102 (width), 15-103 (height), 15-104 (name
13    and address on second division vehicles), 15-107 (length of
14    vehicle), 15-109.1 (cover or tarpaulin), 15-111 (weights),
15    15-112 (weights), 15-301 (weights), 15-316 (weights),
16    15-318 (weights), and also excepting the following
17    enumerated Sections of the Chicago Municipal Code:
18    Sections 27-245 (following fire apparatus), 27-254
19    (obstruction of traffic), 27-258 (driving vehicle which is
20    in unsafe condition), 27-259 (coasting on downgrade),
21    27-264 (use of horns and signal devices), 27-265
22    (obstruction to driver's view or driver mechanism), 27-267
23    (dimming of headlights), 27-268 (unattended motor
24    vehicle), 27-272 (illegal funeral procession), 27-273
25    (funeral procession on boulevard), 27-275 (driving freight
26    hauling vehicles on boulevard), 27-276 (stopping and

 

 

10100SB1968ham001- 144 -LRB101 08002 RLC 74920 a

1    standing of buses or taxicabs), 27-277 (cruising of public
2    passenger vehicles), 27-305 (parallel parking), 27-306
3    (diagonal parking), 27-307 (parking not to obstruct
4    traffic), 27-308 (stopping, standing or parking
5    regulated), 27-311 (parking regulations), 27-312 (parking
6    regulations), 27-313 (parking regulations), 27-314
7    (parking regulations), 27-315 (parking regulations),
8    27-316 (parking regulations), 27-317 (parking
9    regulations), 27-318 (parking regulations), 27-319
10    (parking regulations), 27-320 (parking regulations),
11    27-321 (parking regulations), 27-322 (parking
12    regulations), 27-324 (loading and unloading at an angle),
13    27-333 (wheel and axle loads), 27-334 (load restrictions in
14    the downtown district), 27-335 (load restrictions in
15    residential areas), 27-338 (width of vehicles), 27-339
16    (height of vehicles), 27-340 (length of vehicles), 27-352
17    (reflectors on trailers), 27-353 (mufflers), 27-354
18    (display of plates), 27-355 (display of city vehicle tax
19    sticker), 27-357 (identification of vehicles), 27-358
20    (projecting of loads), and also excepting the following
21    enumerated paragraphs of Section 2-201 of the Rules and
22    Regulations of the Illinois State Toll Highway Authority:
23    (l) (driving unsafe vehicle on tollway), (m) (vehicles
24    transporting dangerous cargo not properly indicated), it
25    shall be the duty of the clerk of the court in which such
26    conviction is had within 5 days thereafter to forward to

 

 

10100SB1968ham001- 145 -LRB101 08002 RLC 74920 a

1    the Secretary of State a report of the conviction and the
2    court may recommend the suspension of the driver's license
3    or permit of the person so convicted.
4        The reporting requirements of this subsection shall
5    apply to all violations stated in paragraphs (1) and (2) of
6    this subsection when the individual has been adjudicated
7    under the Juvenile Court Act or the Juvenile Court Act of
8    1987. Such reporting requirements shall also apply to
9    individuals adjudicated under the Juvenile Court Act or the
10    Juvenile Court Act of 1987 who have committed a violation
11    of Section 11-501 of this Code, or similar provision of a
12    local ordinance, or Section 9-3 of the Criminal Code of
13    1961 or the Criminal Code of 2012, relating to the offense
14    of reckless homicide, or Section 5-7 of the Snowmobile
15    Registration and Safety Act or Section 5-16 of the Boat
16    Registration and Safety Act, relating to the offense of
17    operating a snowmobile or a watercraft while under the
18    influence of alcohol, other drug or drugs, intoxicating
19    compound or compounds, or combination thereof. These
20    reporting requirements also apply to individuals
21    adjudicated under the Juvenile Court Act of 1987 based on
22    any offense determined to have been committed in
23    furtherance of the criminal activities of an organized
24    gang, as provided in Section 5-710 of that Act, if those
25    activities involved the operation or use of a motor
26    vehicle. It shall be the duty of the clerk of the court in

 

 

10100SB1968ham001- 146 -LRB101 08002 RLC 74920 a

1    which adjudication is had within 5 days thereafter to
2    forward to the Secretary of State a report of the
3    adjudication and the court order requiring the Secretary of
4    State to suspend the minor's driver's license and driving
5    privilege for such time as determined by the court, but
6    only until he or she attains the age of 18 years. All
7    juvenile court dispositions reported to the Secretary of
8    State under this provision shall be processed by the
9    Secretary of State as if the cases had been adjudicated in
10    traffic or criminal court. However, information reported
11    relative to the offense of reckless homicide, or Section
12    11-501 of this Code, or a similar provision of a local
13    ordinance, shall be privileged and available only to the
14    Secretary of State, courts, and police officers.
15        The reporting requirements of this subsection (a)
16    apply to all violations listed in paragraphs (1) and (2) of
17    this subsection (a), excluding parking violations, when
18    the driver holds a CLP or CDL, regardless of the type of
19    vehicle in which the violation occurred, or when any driver
20    committed the violation in a commercial motor vehicle as
21    defined in Section 6-500 of this Code.
22        (3) Whenever an order is entered vacating the
23    conditions of pretrial release forfeiture of any bail,
24    security or bond given to secure appearance for any offense
25    under this Code or similar offenses under municipal
26    ordinance, it shall be the duty of the clerk of the court

 

 

10100SB1968ham001- 147 -LRB101 08002 RLC 74920 a

1    in which such vacation was had or the judge of such court
2    if such court has no clerk, within 5 days thereafter to
3    forward to the Secretary of State a report of the vacation.
4        (4) A report of any disposition of court supervision
5    for a violation of Sections 6-303, 11-401, 11-501 or a
6    similar provision of a local ordinance, 11-503, 11-504, and
7    11-506 of this Code, Section 5-7 of the Snowmobile
8    Registration and Safety Act, and Section 5-16 of the Boat
9    Registration and Safety Act shall be forwarded to the
10    Secretary of State. A report of any disposition of court
11    supervision for a violation of an offense defined as a
12    serious traffic violation in this Code or a similar
13    provision of a local ordinance committed by a person under
14    the age of 21 years shall be forwarded to the Secretary of
15    State.
16        (5) Reports of conviction under this Code and
17    sentencing hearings under the Juvenile Court Act of 1987 in
18    an electronic format or a computer processible medium shall
19    be forwarded to the Secretary of State via the Supreme
20    Court in the form and format required by the Illinois
21    Supreme Court and established by a written agreement
22    between the Supreme Court and the Secretary of State. In
23    counties with a population over 300,000, instead of
24    forwarding reports to the Supreme Court, reports of
25    conviction under this Code and sentencing hearings under
26    the Juvenile Court Act of 1987 in an electronic format or a

 

 

10100SB1968ham001- 148 -LRB101 08002 RLC 74920 a

1    computer processible medium may be forwarded to the
2    Secretary of State by the Circuit Court Clerk in a form and
3    format required by the Secretary of State and established
4    by written agreement between the Circuit Court Clerk and
5    the Secretary of State. Failure to forward the reports of
6    conviction or sentencing hearing under the Juvenile Court
7    Act of 1987 as required by this Section shall be deemed an
8    omission of duty and it shall be the duty of the several
9    State's Attorneys to enforce the requirements of this
10    Section.
11    (b) Whenever a restricted driving permit is forwarded to a
12court, as a result of confiscation by a police officer pursuant
13to the authority in Section 6-113(f), it shall be the duty of
14the clerk, or judge, if the court has no clerk, to forward such
15restricted driving permit and a facsimile of the officer's
16citation to the Secretary of State as expeditiously as
17practicable.
18    (c) For the purposes of this Code, a violation of the
19conditions of pretrial release forfeiture of bail or collateral
20deposited to secure a defendant's appearance in court when the
21conditions of pretrial release have forfeiture has not been
22vacated, or the failure of a defendant to appear for trial
23after depositing his driver's license in lieu of other bail,
24shall be equivalent to a conviction.
25    (d) For the purpose of providing the Secretary of State
26with records necessary to properly monitor and assess driver

 

 

10100SB1968ham001- 149 -LRB101 08002 RLC 74920 a

1performance and assist the courts in the proper disposition of
2repeat traffic law offenders, the clerk of the court shall
3forward to the Secretary of State, on a form prescribed by the
4Secretary, records of a driver's participation in a driver
5remedial or rehabilitative program which was required, through
6a court order or court supervision, in relation to the driver's
7arrest for a violation of Section 11-501 of this Code or a
8similar provision of a local ordinance. The clerk of the court
9shall also forward to the Secretary, either on paper or in an
10electronic format or a computer processible medium as required
11under paragraph (5) of subsection (a) of this Section, any
12disposition of court supervision for any traffic violation,
13excluding those offenses listed in paragraph (2) of subsection
14(a) of this Section. These reports shall be sent within 5 days
15after disposition, or, if the driver is referred to a driver
16remedial or rehabilitative program, within 5 days of the
17driver's referral to that program. These reports received by
18the Secretary of State, including those required to be
19forwarded under paragraph (a)(4), shall be privileged
20information, available only (i) to the affected driver, (ii) to
21the parent or guardian of a person under the age of 18 years
22holding an instruction permit or a graduated driver's license,
23and (iii) for use by the courts, police officers, prosecuting
24authorities, the Secretary of State, and the driver licensing
25administrator of any other state. In accordance with 49 C.F.R.
26Part 384, all reports of court supervision, except violations

 

 

10100SB1968ham001- 150 -LRB101 08002 RLC 74920 a

1related to parking, shall be forwarded to the Secretary of
2State for all holders of a CLP or CDL or any driver who commits
3an offense while driving a commercial motor vehicle. These
4reports shall be recorded to the driver's record as a
5conviction for use in the disqualification of the driver's
6commercial motor vehicle privileges and shall not be privileged
7information.
8(Source: P.A. 100-74, eff. 8-11-17; 101-623, eff. 7-1-20.)
 
9    (625 ILCS 5/6-206)
10    Sec. 6-206. Discretionary authority to suspend or revoke
11license or permit; right to a hearing.
12    (a) The Secretary of State is authorized to suspend or
13revoke the driving privileges of any person without preliminary
14hearing upon a showing of the person's records or other
15sufficient evidence that the person:
16        1. Has committed an offense for which mandatory
17    revocation of a driver's license or permit is required upon
18    conviction;
19        2. Has been convicted of not less than 3 offenses
20    against traffic regulations governing the movement of
21    vehicles committed within any 12-month 12 month period. No
22    revocation or suspension shall be entered more than 6
23    months after the date of last conviction;
24        3. Has been repeatedly involved as a driver in motor
25    vehicle collisions or has been repeatedly convicted of

 

 

10100SB1968ham001- 151 -LRB101 08002 RLC 74920 a

1    offenses against laws and ordinances regulating the
2    movement of traffic, to a degree that indicates lack of
3    ability to exercise ordinary and reasonable care in the
4    safe operation of a motor vehicle or disrespect for the
5    traffic laws and the safety of other persons upon the
6    highway;
7        4. Has by the unlawful operation of a motor vehicle
8    caused or contributed to an accident resulting in injury
9    requiring immediate professional treatment in a medical
10    facility or doctor's office to any person, except that any
11    suspension or revocation imposed by the Secretary of State
12    under the provisions of this subsection shall start no
13    later than 6 months after being convicted of violating a
14    law or ordinance regulating the movement of traffic, which
15    violation is related to the accident, or shall start not
16    more than one year after the date of the accident,
17    whichever date occurs later;
18        5. Has permitted an unlawful or fraudulent use of a
19    driver's license, identification card, or permit;
20        6. Has been lawfully convicted of an offense or
21    offenses in another state, including the authorization
22    contained in Section 6-203.1, which if committed within
23    this State would be grounds for suspension or revocation;
24        7. Has refused or failed to submit to an examination
25    provided for by Section 6-207 or has failed to pass the
26    examination;

 

 

10100SB1968ham001- 152 -LRB101 08002 RLC 74920 a

1        8. Is ineligible for a driver's license or permit under
2    the provisions of Section 6-103;
3        9. Has made a false statement or knowingly concealed a
4    material fact or has used false information or
5    identification in any application for a license,
6    identification card, or permit;
7        10. Has possessed, displayed, or attempted to
8    fraudulently use any license, identification card, or
9    permit not issued to the person;
10        11. Has operated a motor vehicle upon a highway of this
11    State when the person's driving privilege or privilege to
12    obtain a driver's license or permit was revoked or
13    suspended unless the operation was authorized by a
14    monitoring device driving permit, judicial driving permit
15    issued prior to January 1, 2009, probationary license to
16    drive, or a restricted driving permit issued under this
17    Code;
18        12. Has submitted to any portion of the application
19    process for another person or has obtained the services of
20    another person to submit to any portion of the application
21    process for the purpose of obtaining a license,
22    identification card, or permit for some other person;
23        13. Has operated a motor vehicle upon a highway of this
24    State when the person's driver's license or permit was
25    invalid under the provisions of Sections 6-107.1 and 6-110;
26        14. Has committed a violation of Section 6-301,

 

 

10100SB1968ham001- 153 -LRB101 08002 RLC 74920 a

1    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
2    14B of the Illinois Identification Card Act;
3        15. Has been convicted of violating Section 21-2 of the
4    Criminal Code of 1961 or the Criminal Code of 2012 relating
5    to criminal trespass to vehicles if the person exercised
6    actual physical control over the vehicle during the
7    commission of the offense, in which case the suspension
8    shall be for one year;
9        16. Has been convicted of violating Section 11-204 of
10    this Code relating to fleeing from a peace officer;
11        17. Has refused to submit to a test, or tests, as
12    required under Section 11-501.1 of this Code and the person
13    has not sought a hearing as provided for in Section
14    11-501.1;
15        18. (Blank);
16        19. Has committed a violation of paragraph (a) or (b)
17    of Section 6-101 relating to driving without a driver's
18    license;
19        20. Has been convicted of violating Section 6-104
20    relating to classification of driver's license;
21        21. Has been convicted of violating Section 11-402 of
22    this Code relating to leaving the scene of an accident
23    resulting in damage to a vehicle in excess of $1,000, in
24    which case the suspension shall be for one year;
25        22. Has used a motor vehicle in violating paragraph
26    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of

 

 

10100SB1968ham001- 154 -LRB101 08002 RLC 74920 a

1    the Criminal Code of 1961 or the Criminal Code of 2012
2    relating to unlawful use of weapons, in which case the
3    suspension shall be for one year;
4        23. Has, as a driver, been convicted of committing a
5    violation of paragraph (a) of Section 11-502 of this Code
6    for a second or subsequent time within one year of a
7    similar violation;
8        24. Has been convicted by a court-martial or punished
9    by non-judicial punishment by military authorities of the
10    United States at a military installation in Illinois or in
11    another state of or for a traffic-related traffic related
12    offense that is the same as or similar to an offense
13    specified under Section 6-205 or 6-206 of this Code;
14        25. Has permitted any form of identification to be used
15    by another in the application process in order to obtain or
16    attempt to obtain a license, identification card, or
17    permit;
18        26. Has altered or attempted to alter a license or has
19    possessed an altered license, identification card, or
20    permit;
21        27. (Blank);
22        28. Has been convicted for a first time of the illegal
23    possession, while operating or in actual physical control,
24    as a driver, of a motor vehicle, of any controlled
25    substance prohibited under the Illinois Controlled
26    Substances Act, any cannabis prohibited under the Cannabis

 

 

10100SB1968ham001- 155 -LRB101 08002 RLC 74920 a

1    Control Act, or any methamphetamine prohibited under the
2    Methamphetamine Control and Community Protection Act, in
3    which case the person's driving privileges shall be
4    suspended for one year. Any defendant found guilty of this
5    offense while operating a motor vehicle, shall have an
6    entry made in the court record by the presiding judge that
7    this offense did occur while the defendant was operating a
8    motor vehicle and order the clerk of the court to report
9    the violation to the Secretary of State;
10        29. Has been convicted of the following offenses that
11    were committed while the person was operating or in actual
12    physical control, as a driver, of a motor vehicle: criminal
13    sexual assault, predatory criminal sexual assault of a
14    child, aggravated criminal sexual assault, criminal sexual
15    abuse, aggravated criminal sexual abuse, juvenile pimping,
16    soliciting for a juvenile prostitute, promoting juvenile
17    prostitution as described in subdivision (a)(1), (a)(2),
18    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
19    or the Criminal Code of 2012, and the manufacture, sale or
20    delivery of controlled substances or instruments used for
21    illegal drug use or abuse in which case the driver's
22    driving privileges shall be suspended for one year;
23        30. Has been convicted a second or subsequent time for
24    any combination of the offenses named in paragraph 29 of
25    this subsection, in which case the person's driving
26    privileges shall be suspended for 5 years;

 

 

10100SB1968ham001- 156 -LRB101 08002 RLC 74920 a

1        31. Has refused to submit to a test as required by
2    Section 11-501.6 of this Code or Section 5-16c of the Boat
3    Registration and Safety Act or has submitted to a test
4    resulting in an alcohol concentration of 0.08 or more or
5    any amount of a drug, substance, or compound resulting from
6    the unlawful use or consumption of cannabis as listed in
7    the Cannabis Control Act, a controlled substance as listed
8    in the Illinois Controlled Substances Act, an intoxicating
9    compound as listed in the Use of Intoxicating Compounds
10    Act, or methamphetamine as listed in the Methamphetamine
11    Control and Community Protection Act, in which case the
12    penalty shall be as prescribed in Section 6-208.1;
13        32. Has been convicted of Section 24-1.2 of the
14    Criminal Code of 1961 or the Criminal Code of 2012 relating
15    to the aggravated discharge of a firearm if the offender
16    was located in a motor vehicle at the time the firearm was
17    discharged, in which case the suspension shall be for 3
18    years;
19        33. Has as a driver, who was less than 21 years of age
20    on the date of the offense, been convicted a first time of
21    a violation of paragraph (a) of Section 11-502 of this Code
22    or a similar provision of a local ordinance;
23        34. Has committed a violation of Section 11-1301.5 of
24    this Code or a similar provision of a local ordinance;
25        35. Has committed a violation of Section 11-1301.6 of
26    this Code or a similar provision of a local ordinance;

 

 

10100SB1968ham001- 157 -LRB101 08002 RLC 74920 a

1        36. Is under the age of 21 years at the time of arrest
2    and has been convicted of not less than 2 offenses against
3    traffic regulations governing the movement of vehicles
4    committed within any 24-month 24 month period. No
5    revocation or suspension shall be entered more than 6
6    months after the date of last conviction;
7        37. Has committed a violation of subsection (c) of
8    Section 11-907 of this Code that resulted in damage to the
9    property of another or the death or injury of another;
10        38. Has been convicted of a violation of Section 6-20
11    of the Liquor Control Act of 1934 or a similar provision of
12    a local ordinance and the person was an occupant of a motor
13    vehicle at the time of the violation;
14        39. Has committed a second or subsequent violation of
15    Section 11-1201 of this Code;
16        40. Has committed a violation of subsection (a-1) of
17    Section 11-908 of this Code;
18        41. Has committed a second or subsequent violation of
19    Section 11-605.1 of this Code, a similar provision of a
20    local ordinance, or a similar violation in any other state
21    within 2 years of the date of the previous violation, in
22    which case the suspension shall be for 90 days;
23        42. Has committed a violation of subsection (a-1) of
24    Section 11-1301.3 of this Code or a similar provision of a
25    local ordinance;
26        43. Has received a disposition of court supervision for

 

 

10100SB1968ham001- 158 -LRB101 08002 RLC 74920 a

1    a violation of subsection (a), (d), or (e) of Section 6-20
2    of the Liquor Control Act of 1934 or a similar provision of
3    a local ordinance and the person was an occupant of a motor
4    vehicle at the time of the violation, in which case the
5    suspension shall be for a period of 3 months;
6        44. Is under the age of 21 years at the time of arrest
7    and has been convicted of an offense against traffic
8    regulations governing the movement of vehicles after
9    having previously had his or her driving privileges
10    suspended or revoked pursuant to subparagraph 36 of this
11    Section;
12        45. Has, in connection with or during the course of a
13    formal hearing conducted under Section 2-118 of this Code:
14    (i) committed perjury; (ii) submitted fraudulent or
15    falsified documents; (iii) submitted documents that have
16    been materially altered; or (iv) submitted, as his or her
17    own, documents that were in fact prepared or composed for
18    another person;
19        46. Has committed a violation of subsection (j) of
20    Section 3-413 of this Code;
21        47. Has committed a violation of subsection (a) of
22    Section 11-502.1 of this Code;
23        48. Has submitted a falsified or altered medical
24    examiner's certificate to the Secretary of State or
25    provided false information to obtain a medical examiner's
26    certificate; or

 

 

10100SB1968ham001- 159 -LRB101 08002 RLC 74920 a

1        49. Has committed a violation of subsection (b-5) of
2    Section 12-610.2 that resulted in great bodily harm,
3    permanent disability, or disfigurement, in which case the
4    driving privileges shall be suspended for 12 months; or .
5        50. 49. Has been convicted of a violation of Section
6    11-1002 or 11-1002.5 that resulted in a Type A injury to
7    another, in which case the person's driving privileges
8    shall be suspended for 12 months.
9    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
10and 27 of this subsection, license means any driver's license,
11any traffic ticket issued when the person's driver's license is
12deposited in lieu of bail, a suspension notice issued by the
13Secretary of State, a duplicate or corrected driver's license,
14a probationary driver's license, or a temporary driver's
15license.
16    (b) If any conviction forming the basis of a suspension or
17revocation authorized under this Section is appealed, the
18Secretary of State may rescind or withhold the entry of the
19order of suspension or revocation, as the case may be, provided
20that a certified copy of a stay order of a court is filed with
21the Secretary of State. If the conviction is affirmed on
22appeal, the date of the conviction shall relate back to the
23time the original judgment of conviction was entered and the
246-month 6 month limitation prescribed shall not apply.
25    (c) 1. Upon suspending or revoking the driver's license or
26permit of any person as authorized in this Section, the

 

 

10100SB1968ham001- 160 -LRB101 08002 RLC 74920 a

1Secretary of State shall immediately notify the person in
2writing of the revocation or suspension. The notice to be
3deposited in the United States mail, postage prepaid, to the
4last known address of the person.
5    2. If the Secretary of State suspends the driver's license
6of a person under subsection 2 of paragraph (a) of this
7Section, a person's privilege to operate a vehicle as an
8occupation shall not be suspended, provided an affidavit is
9properly completed, the appropriate fee received, and a permit
10issued prior to the effective date of the suspension, unless 5
11offenses were committed, at least 2 of which occurred while
12operating a commercial vehicle in connection with the driver's
13regular occupation. All other driving privileges shall be
14suspended by the Secretary of State. Any driver prior to
15operating a vehicle for occupational purposes only must submit
16the affidavit on forms to be provided by the Secretary of State
17setting forth the facts of the person's occupation. The
18affidavit shall also state the number of offenses committed
19while operating a vehicle in connection with the driver's
20regular occupation. The affidavit shall be accompanied by the
21driver's license. Upon receipt of a properly completed
22affidavit, the Secretary of State shall issue the driver a
23permit to operate a vehicle in connection with the driver's
24regular occupation only. Unless the permit is issued by the
25Secretary of State prior to the date of suspension, the
26privilege to drive any motor vehicle shall be suspended as set

 

 

10100SB1968ham001- 161 -LRB101 08002 RLC 74920 a

1forth in the notice that was mailed under this Section. If an
2affidavit is received subsequent to the effective date of this
3suspension, a permit may be issued for the remainder of the
4suspension period.
5    The provisions of this subparagraph shall not apply to any
6driver required to possess a CDL for the purpose of operating a
7commercial motor vehicle.
8    Any person who falsely states any fact in the affidavit
9required herein shall be guilty of perjury under Section 6-302
10and upon conviction thereof shall have all driving privileges
11revoked without further rights.
12    3. At the conclusion of a hearing under Section 2-118 of
13this Code, the Secretary of State shall either rescind or
14continue an order of revocation or shall substitute an order of
15suspension; or, good cause appearing therefor, rescind,
16continue, change, or extend the order of suspension. If the
17Secretary of State does not rescind the order, the Secretary
18may upon application, to relieve undue hardship (as defined by
19the rules of the Secretary of State), issue a restricted
20driving permit granting the privilege of driving a motor
21vehicle between the petitioner's residence and petitioner's
22place of employment or within the scope of the petitioner's
23employment-related employment related duties, or to allow the
24petitioner to transport himself or herself, or a family member
25of the petitioner's household to a medical facility, to receive
26necessary medical care, to allow the petitioner to transport

 

 

10100SB1968ham001- 162 -LRB101 08002 RLC 74920 a

1himself or herself to and from alcohol or drug remedial or
2rehabilitative activity recommended by a licensed service
3provider, or to allow the petitioner to transport himself or
4herself or a family member of the petitioner's household to
5classes, as a student, at an accredited educational
6institution, or to allow the petitioner to transport children,
7elderly persons, or persons with disabilities who do not hold
8driving privileges and are living in the petitioner's household
9to and from daycare. The petitioner must demonstrate that no
10alternative means of transportation is reasonably available
11and that the petitioner will not endanger the public safety or
12welfare.
13        (A) If a person's license or permit is revoked or
14    suspended due to 2 or more convictions of violating Section
15    11-501 of this Code or a similar provision of a local
16    ordinance or a similar out-of-state offense, or Section 9-3
17    of the Criminal Code of 1961 or the Criminal Code of 2012,
18    where the use of alcohol or other drugs is recited as an
19    element of the offense, or a similar out-of-state offense,
20    or a combination of these offenses, arising out of separate
21    occurrences, that person, if issued a restricted driving
22    permit, may not operate a vehicle unless it has been
23    equipped with an ignition interlock device as defined in
24    Section 1-129.1.
25        (B) If a person's license or permit is revoked or
26    suspended 2 or more times due to any combination of:

 

 

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1            (i) a single conviction of violating Section
2        11-501 of this Code or a similar provision of a local
3        ordinance or a similar out-of-state offense or Section
4        9-3 of the Criminal Code of 1961 or the Criminal Code
5        of 2012, where the use of alcohol or other drugs is
6        recited as an element of the offense, or a similar
7        out-of-state offense; or
8            (ii) a statutory summary suspension or revocation
9        under Section 11-501.1; or
10            (iii) a suspension under Section 6-203.1;
11    arising out of separate occurrences; that person, if issued
12    a restricted driving permit, may not operate a vehicle
13    unless it has been equipped with an ignition interlock
14    device as defined in Section 1-129.1.
15        (B-5) If a person's license or permit is revoked or
16    suspended due to a conviction for a violation of
17    subparagraph (C) or (F) of paragraph (1) of subsection (d)
18    of Section 11-501 of this Code, or a similar provision of a
19    local ordinance or similar out-of-state offense, that
20    person, if issued a restricted driving permit, may not
21    operate a vehicle unless it has been equipped with an
22    ignition interlock device as defined in Section 1-129.1.
23        (C) The person issued a permit conditioned upon the use
24    of an ignition interlock device must pay to the Secretary
25    of State DUI Administration Fund an amount not to exceed
26    $30 per month. The Secretary shall establish by rule the

 

 

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1    amount and the procedures, terms, and conditions relating
2    to these fees.
3        (D) If the restricted driving permit is issued for
4    employment purposes, then the prohibition against
5    operating a motor vehicle that is not equipped with an
6    ignition interlock device does not apply to the operation
7    of an occupational vehicle owned or leased by that person's
8    employer when used solely for employment purposes. For any
9    person who, within a 5-year period, is convicted of a
10    second or subsequent offense under Section 11-501 of this
11    Code, or a similar provision of a local ordinance or
12    similar out-of-state offense, this employment exemption
13    does not apply until either a one-year period has elapsed
14    during which that person had his or her driving privileges
15    revoked or a one-year period has elapsed during which that
16    person had a restricted driving permit which required the
17    use of an ignition interlock device on every motor vehicle
18    owned or operated by that person.
19        (E) In each case the Secretary may issue a restricted
20    driving permit for a period deemed appropriate, except that
21    all permits shall expire no later than 2 years from the
22    date of issuance. A restricted driving permit issued under
23    this Section shall be subject to cancellation, revocation,
24    and suspension by the Secretary of State in like manner and
25    for like cause as a driver's license issued under this Code
26    may be cancelled, revoked, or suspended; except that a

 

 

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1    conviction upon one or more offenses against laws or
2    ordinances regulating the movement of traffic shall be
3    deemed sufficient cause for the revocation, suspension, or
4    cancellation of a restricted driving permit. The Secretary
5    of State may, as a condition to the issuance of a
6    restricted driving permit, require the applicant to
7    participate in a designated driver remedial or
8    rehabilitative program. The Secretary of State is
9    authorized to cancel a restricted driving permit if the
10    permit holder does not successfully complete the program.
11        (F) A person subject to the provisions of paragraph 4
12    of subsection (b) of Section 6-208 of this Code may make
13    application for a restricted driving permit at a hearing
14    conducted under Section 2-118 of this Code after the
15    expiration of 5 years from the effective date of the most
16    recent revocation or after 5 years from the date of release
17    from a period of imprisonment resulting from a conviction
18    of the most recent offense, whichever is later, provided
19    the person, in addition to all other requirements of the
20    Secretary, shows by clear and convincing evidence:
21            (i) a minimum of 3 years of uninterrupted
22        abstinence from alcohol and the unlawful use or
23        consumption of cannabis under the Cannabis Control
24        Act, a controlled substance under the Illinois
25        Controlled Substances Act, an intoxicating compound
26        under the Use of Intoxicating Compounds Act, or

 

 

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1        methamphetamine under the Methamphetamine Control and
2        Community Protection Act; and
3            (ii) the successful completion of any
4        rehabilitative treatment and involvement in any
5        ongoing rehabilitative activity that may be
6        recommended by a properly licensed service provider
7        according to an assessment of the person's alcohol or
8        drug use under Section 11-501.01 of this Code.
9        In determining whether an applicant is eligible for a
10    restricted driving permit under this subparagraph (F), the
11    Secretary may consider any relevant evidence, including,
12    but not limited to, testimony, affidavits, records, and the
13    results of regular alcohol or drug tests. Persons subject
14    to the provisions of paragraph 4 of subsection (b) of
15    Section 6-208 of this Code and who have been convicted of
16    more than one violation of paragraph (3), paragraph (4), or
17    paragraph (5) of subsection (a) of Section 11-501 of this
18    Code shall not be eligible to apply for a restricted
19    driving permit under this subparagraph (F).
20        A restricted driving permit issued under this
21    subparagraph (F) shall provide that the holder may only
22    operate motor vehicles equipped with an ignition interlock
23    device as required under paragraph (2) of subsection (c) of
24    Section 6-205 of this Code and subparagraph (A) of
25    paragraph 3 of subsection (c) of this Section. The
26    Secretary may revoke a restricted driving permit or amend

 

 

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1    the conditions of a restricted driving permit issued under
2    this subparagraph (F) if the holder operates a vehicle that
3    is not equipped with an ignition interlock device, or for
4    any other reason authorized under this Code.
5        A restricted driving permit issued under this
6    subparagraph (F) shall be revoked, and the holder barred
7    from applying for or being issued a restricted driving
8    permit in the future, if the holder is convicted of a
9    violation of Section 11-501 of this Code, a similar
10    provision of a local ordinance, or a similar offense in
11    another state.
12    (c-3) In the case of a suspension under paragraph 43 of
13subsection (a), reports received by the Secretary of State
14under this Section shall, except during the actual time the
15suspension is in effect, be privileged information and for use
16only by the courts, police officers, prosecuting authorities,
17the driver licensing administrator of any other state, the
18Secretary of State, or the parent or legal guardian of a driver
19under the age of 18. However, beginning January 1, 2008, if the
20person is a CDL holder, the suspension shall also be made
21available to the driver licensing administrator of any other
22state, the U.S. Department of Transportation, and the affected
23driver or motor carrier or prospective motor carrier upon
24request.
25    (c-4) In the case of a suspension under paragraph 43 of
26subsection (a), the Secretary of State shall notify the person

 

 

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1by mail that his or her driving privileges and driver's license
2will be suspended one month after the date of the mailing of
3the notice.
4    (c-5) The Secretary of State may, as a condition of the
5reissuance of a driver's license or permit to an applicant
6whose driver's license or permit has been suspended before he
7or she reached the age of 21 years pursuant to any of the
8provisions of this Section, require the applicant to
9participate in a driver remedial education course and be
10retested under Section 6-109 of this Code.
11    (d) This Section is subject to the provisions of the Driver
12Drivers License Compact.
13    (e) The Secretary of State shall not issue a restricted
14driving permit to a person under the age of 16 years whose
15driving privileges have been suspended or revoked under any
16provisions of this Code.
17    (f) In accordance with 49 C.F.R. 384, the Secretary of
18State may not issue a restricted driving permit for the
19operation of a commercial motor vehicle to a person holding a
20CDL whose driving privileges have been suspended, revoked,
21cancelled, or disqualified under any provisions of this Code.
22(Source: P.A. 100-803, eff. 1-1-19; 101-90, eff. 7-1-20;
23101-470, eff. 7-1-20; 101-623, eff. 7-1-20; revised 1-4-21.)
 
24    (625 ILCS 5/6-308)
25    Sec. 6-308. Procedures for traffic violations.

 

 

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1    (a) Any person cited for violating this Code or a similar
2provision of a local ordinance for which a violation is a petty
3offense as defined by Section 5-1-17 of the Unified Code of
4Corrections, excluding business offenses as defined by Section
55-1-2 of the Unified Code of Corrections or a violation of
6Section 15-111 or subsection (d) of Section 3-401 of this Code,
7shall not be required to sign the citation or post bond to
8secure bail for his or her release. All other provisions of
9this Code or similar provisions of local ordinances shall be
10governed by the pretrial release bail provisions of the
11Illinois Supreme Court Rules when it is not practical or
12feasible to take the person before a judge to have conditions
13of pretrial release bail set or to avoid undue delay because of
14the hour or circumstances.
15    (b) Whenever a person fails to appear in court, the court
16may continue the case for a minimum of 30 days and the clerk of
17the court shall send notice of the continued court date to the
18person's last known address. If the person does not appear in
19court on or before the continued court date or satisfy the
20court that the person's appearance in and surrender to the
21court is impossible for no fault of the person, the court shall
22enter an order of failure to appear. The clerk of the court
23shall notify the Secretary of State, on a report prescribed by
24the Secretary, of the court's order. The Secretary, when
25notified by the clerk of the court that an order of failure to
26appear has been entered, shall immediately suspend the person's

 

 

10100SB1968ham001- 170 -LRB101 08002 RLC 74920 a

1driver's license, which shall be designated by the Secretary as
2a Failure to Appear suspension. The Secretary shall not remove
3the suspension, nor issue any permit or privileges to the
4person whose license has been suspended, until notified by the
5ordering court that the person has appeared and resolved the
6violation. Upon compliance, the clerk of the court shall
7present the person with a notice of compliance containing the
8seal of the court, and shall notify the Secretary that the
9person has appeared and resolved the violation.
10    (c) Illinois Supreme Court Rules shall govern pretrial
11release bail and appearance procedures when a person who is a
12resident of another state that is not a member of the
13Nonresident Violator Compact of 1977 is cited for violating
14this Code or a similar provision of a local ordinance.
15(Source: P.A. 100-674, eff. 1-1-19.)
 
16    (625 ILCS 5/6-500)  (from Ch. 95 1/2, par. 6-500)
17    Sec. 6-500. Definitions of words and phrases.
18Notwithstanding the definitions set forth elsewhere in this
19Code, for purposes of the Uniform Commercial Driver's License
20Act (UCDLA), the words and phrases listed below have the
21meanings ascribed to them as follows:
22    (1) Alcohol. "Alcohol" means any substance containing any
23form of alcohol, including but not limited to ethanol,
24methanol, propanol, and isopropanol.
25    (2) Alcohol concentration. "Alcohol concentration" means:

 

 

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1        (A) the number of grams of alcohol per 210 liters of
2    breath; or
3        (B) the number of grams of alcohol per 100 milliliters
4    of blood; or
5        (C) the number of grams of alcohol per 67 milliliters
6    of urine.
7    Alcohol tests administered within 2 hours of the driver
8being "stopped or detained" shall be considered that driver's
9"alcohol concentration" for the purposes of enforcing this
10UCDLA.
11    (3) (Blank).
12    (4) (Blank).
13    (5) (Blank).
14    (5.3) CDLIS driver record. "CDLIS driver record" means the
15electronic record of the individual CDL driver's status and
16history stored by the State-of-Record as part of the Commercial
17Driver's License Information System, or CDLIS, established
18under 49 U.S.C. 31309.
19    (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
20record" or "CDLIS MVR" means a report generated from the CDLIS
21driver record meeting the requirements for access to CDLIS
22information and provided by states to users authorized in 49
23C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
24Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
25    (5.7) Commercial driver's license downgrade. "Commercial
26driver's license downgrade" or "CDL downgrade" means either:

 

 

10100SB1968ham001- 172 -LRB101 08002 RLC 74920 a

1        (A) a state allows the driver to change his or her
2    self-certification to interstate, but operating
3    exclusively in transportation or operation excepted from
4    49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
5    391.2, 391.68, or 398.3;
6        (B) a state allows the driver to change his or her
7    self-certification to intrastate only, if the driver
8    qualifies under that state's physical qualification
9    requirements for intrastate only;
10        (C) a state allows the driver to change his or her
11    certification to intrastate, but operating exclusively in
12    transportation or operations excepted from all or part of
13    the state driver qualification requirements; or
14        (D) a state removes the CDL privilege from the driver
15    license.
16    (6) Commercial Motor Vehicle.
17        (A) "Commercial motor vehicle" or "CMV" means a motor
18    vehicle or combination of motor vehicles used in commerce,
19    except those referred to in subdivision (B), designed to
20    transport passengers or property if the motor vehicle:
21            (i) has a gross combination weight rating or gross
22        combination weight of 11,794 kilograms or more (26,001
23        pounds or more), whichever is greater, inclusive of any
24        towed unit with a gross vehicle weight rating or gross
25        vehicle weight of more than 4,536 kilograms (10,000
26        pounds), whichever is greater; or

 

 

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1            (i-5) has a gross vehicle weight rating or gross
2        vehicle weight of 11,794 or more kilograms (26,001
3        pounds or more), whichever is greater; or
4            (ii) is designed to transport 16 or more persons,
5        including the driver; or
6            (iii) is of any size and is used in transporting
7        hazardous materials as defined in 49 C.F.R. 383.5.
8        (B) Pursuant to the interpretation of the Commercial
9    Motor Vehicle Safety Act of 1986 by the Federal Highway
10    Administration, the definition of "commercial motor
11    vehicle" does not include:
12            (i) recreational vehicles, when operated primarily
13        for personal use;
14            (ii) vehicles owned by or operated under the
15        direction of the United States Department of Defense or
16        the United States Coast Guard only when operated by
17        non-civilian personnel. This includes any operator on
18        active military duty; members of the Reserves;
19        National Guard; personnel on part-time training; and
20        National Guard military technicians (civilians who are
21        required to wear military uniforms and are subject to
22        the Code of Military Justice); or
23            (iii) firefighting, police, and other emergency
24        equipment (including, without limitation, equipment
25        owned or operated by a HazMat or technical rescue team
26        authorized by a county board under Section 5-1127 of

 

 

10100SB1968ham001- 174 -LRB101 08002 RLC 74920 a

1        the Counties Code), with audible and visual signals,
2        owned or operated by or for a governmental entity,
3        which is necessary to the preservation of life or
4        property or the execution of emergency governmental
5        functions which are normally not subject to general
6        traffic rules and regulations.
7    (7) Controlled Substance. "Controlled substance" shall
8have the same meaning as defined in Section 102 of the Illinois
9Controlled Substances Act, and shall also include cannabis as
10defined in Section 3 of the Cannabis Control Act and
11methamphetamine as defined in Section 10 of the Methamphetamine
12Control and Community Protection Act.
13    (8) Conviction. "Conviction" means an unvacated
14adjudication of guilt or a determination that a person has
15violated or failed to comply with the law in a court of
16original jurisdiction or by an authorized administrative
17tribunal; an unvacated revocation of pretrial release or
18forfeiture of bail or collateral deposited to secure the
19person's appearance in court; a plea of guilty or nolo
20contendere accepted by the court; the payment of a fine or
21court cost regardless of whether the imposition of sentence is
22deferred and ultimately a judgment dismissing the underlying
23charge is entered; or a violation of a condition of pretrial
24release without bail, regardless of whether or not the penalty
25is rebated, suspended or probated.
26    (8.5) Day. "Day" means calendar day.

 

 

10100SB1968ham001- 175 -LRB101 08002 RLC 74920 a

1    (9) (Blank).
2    (10) (Blank).
3    (11) (Blank).
4    (12) (Blank).
5    (13) Driver. "Driver" means any person who drives,
6operates, or is in physical control of a commercial motor
7vehicle, any person who is required to hold a CDL, or any
8person who is a holder of a CDL while operating a
9non-commercial motor vehicle.
10    (13.5) Driver applicant. "Driver applicant" means an
11individual who applies to a state or other jurisdiction to
12obtain, transfer, upgrade, or renew a CDL or to obtain or renew
13a CLP.
14    (13.8) Electronic device. "Electronic device" includes,
15but is not limited to, a cellular telephone, personal digital
16assistant, pager, computer, or any other device used to input,
17write, send, receive, or read text.
18    (14) Employee. "Employee" means a person who is employed as
19a commercial motor vehicle driver. A person who is
20self-employed as a commercial motor vehicle driver must comply
21with the requirements of this UCDLA pertaining to employees. An
22owner-operator on a long-term lease shall be considered an
23employee.
24    (15) Employer. "Employer" means a person (including the
25United States, a State or a local authority) who owns or leases
26a commercial motor vehicle or assigns employees to operate such

 

 

10100SB1968ham001- 176 -LRB101 08002 RLC 74920 a

1a vehicle. A person who is self-employed as a commercial motor
2vehicle driver must comply with the requirements of this UCDLA.
3    (15.1) Endorsement. "Endorsement" means an authorization
4to an individual's CLP or CDL required to permit the individual
5to operate certain types of commercial motor vehicles.
6    (15.2) Entry-level driver training. "Entry-level driver
7training" means the training an entry-level driver receives
8from an entity listed on the Federal Motor Carrier Safety
9Administration's Training Provider Registry prior to: (i)
10taking the CDL skills test required to receive the Class A or
11Class B CDL for the first time; (ii) taking the CDL skills test
12required to upgrade to a Class A or Class B CDL; or (iii)
13taking the CDL skills test required to obtain a passenger or
14school bus endorsement for the first time or the CDL knowledge
15test required to obtain a hazardous materials endorsement for
16the first time.
17    (15.3) Excepted interstate. "Excepted interstate" means a
18person who operates or expects to operate in interstate
19commerce, but engages exclusively in transportation or
20operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or
21398.3 from all or part of the qualification requirements of 49
22C.F.R. Part 391 and is not required to obtain a medical
23examiner's certificate by 49 C.F.R. 391.45.
24    (15.5) Excepted intrastate. "Excepted intrastate" means a
25person who operates in intrastate commerce but engages
26exclusively in transportation or operations excepted from all

 

 

10100SB1968ham001- 177 -LRB101 08002 RLC 74920 a

1or parts of the state driver qualification requirements.
2    (16) (Blank).
3    (16.5) Fatality. "Fatality" means the death of a person as
4a result of a motor vehicle accident.
5    (16.7) Foreign commercial driver. "Foreign commercial
6driver" means a person licensed to operate a commercial motor
7vehicle by an authority outside the United States, or a citizen
8of a foreign country who operates a commercial motor vehicle in
9the United States.
10    (17) Foreign jurisdiction. "Foreign jurisdiction" means a
11sovereign jurisdiction that does not fall within the definition
12of "State".
13    (18) (Blank).
14    (19) (Blank).
15    (20) Hazardous materials. "Hazardous material" means any
16material that has been designated under 49 U.S.C. 5103 and is
17required to be placarded under subpart F of 49 C.F.R. part 172
18or any quantity of a material listed as a select agent or toxin
19in 42 C.F.R. part 73.
20    (20.5) Imminent Hazard. "Imminent hazard" means the
21existence of any condition of a vehicle, employee, or
22commercial motor vehicle operations that substantially
23increases the likelihood of serious injury or death if not
24discontinued immediately; or a condition relating to hazardous
25material that presents a substantial likelihood that death,
26serious illness, severe personal injury, or a substantial

 

 

10100SB1968ham001- 178 -LRB101 08002 RLC 74920 a

1endangerment to health, property, or the environment may occur
2before the reasonably foreseeable completion date of a formal
3proceeding begun to lessen the risk of that death, illness,
4injury or endangerment.
5    (20.6) Issuance. "Issuance" means initial issuance,
6transfer, renewal, or upgrade of a CLP or CDL and non-domiciled
7CLP or CDL.
8    (20.7) Issue. "Issue" means initial issuance, transfer,
9renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
10non-domiciled CDL.
11    (21) Long-term lease. "Long-term lease" means a lease of a
12commercial motor vehicle by the owner-lessor to a lessee, for a
13period of more than 29 days.
14    (21.01) Manual transmission. "Manual transmission" means a
15transmission utilizing a driver-operated clutch that is
16activated by a pedal or lever and a gear-shift mechanism
17operated either by hand or foot including those known as a
18stick shift, stick, straight drive, or standard transmission.
19All other transmissions, whether semi-automatic or automatic,
20shall be considered automatic for the purposes of the
21standardized restriction code.
22    (21.1) Medical examiner. "Medical examiner" means an
23individual certified by the Federal Motor Carrier Safety
24Administration and listed on the National Registry of Certified
25Medical Examiners in accordance with Federal Motor Carrier
26Safety Regulations, 49 CFR 390.101 et seq.

 

 

10100SB1968ham001- 179 -LRB101 08002 RLC 74920 a

1    (21.2) Medical examiner's certificate. "Medical examiner's
2certificate" means either (1) prior to June 22, 2021, a
3document prescribed or approved by the Secretary of State that
4is issued by a medical examiner to a driver to medically
5qualify him or her to drive; or (2) beginning June 22, 2021, an
6electronic submission of results of an examination conducted by
7a medical examiner listed on the National Registry of Certified
8Medical Examiners to the Federal Motor Carrier Safety
9Administration of a driver to medically qualify him or her to
10drive.
11    (21.5) Medical variance. "Medical variance" means a driver
12has received one of the following from the Federal Motor
13Carrier Safety Administration which allows the driver to be
14issued a medical certificate: (1) an exemption letter
15permitting operation of a commercial motor vehicle pursuant to
1649 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
17skill performance evaluation (SPE) certificate permitting
18operation of a commercial motor vehicle pursuant to 49 C.F.R.
19391.49.
20    (21.7) Mobile telephone. "Mobile telephone" means a mobile
21communication device that falls under or uses any commercial
22mobile radio service, as defined in regulations of the Federal
23Communications Commission, 47 CFR 20.3. It does not include
24two-way or citizens band radio services.
25    (22) Motor Vehicle. "Motor vehicle" means every vehicle
26which is self-propelled, and every vehicle which is propelled

 

 

10100SB1968ham001- 180 -LRB101 08002 RLC 74920 a

1by electric power obtained from over head trolley wires but not
2operated upon rails, except vehicles moved solely by human
3power and motorized wheel chairs.
4    (22.2) Motor vehicle record. "Motor vehicle record" means a
5report of the driving status and history of a driver generated
6from the driver record provided to users, such as drivers or
7employers, and is subject to the provisions of the Driver
8Privacy Protection Act, 18 U.S.C. 2721-2725.
9    (22.5) Non-CMV. "Non-CMV" means a motor vehicle or
10combination of motor vehicles not defined by the term
11"commercial motor vehicle" or "CMV" in this Section.
12    (22.7) Non-excepted interstate. "Non-excepted interstate"
13means a person who operates or expects to operate in interstate
14commerce, is subject to and meets the qualification
15requirements under 49 C.F.R. Part 391, and is required to
16obtain a medical examiner's certificate by 49 C.F.R. 391.45.
17    (22.8) Non-excepted intrastate. "Non-excepted intrastate"
18means a person who operates only in intrastate commerce and is
19subject to State driver qualification requirements.
20    (23) Non-domiciled CLP or Non-domiciled CDL.
21"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,
22respectively, issued by a state or other jurisdiction under
23either of the following two conditions:
24        (i) to an individual domiciled in a foreign country
25    meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
26    of the Federal Motor Carrier Safety Administration.

 

 

10100SB1968ham001- 181 -LRB101 08002 RLC 74920 a

1        (ii) to an individual domiciled in another state
2    meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
3    of the Federal Motor Carrier Safety Administration.
4    (24) (Blank).
5    (25) (Blank).
6    (25.5) Railroad-Highway Grade Crossing Violation.
7"Railroad-highway grade crossing violation" means a violation,
8while operating a commercial motor vehicle, of any of the
9following:
10        (A) Section 11-1201, 11-1202, or 11-1425 of this Code.
11        (B) Any other similar law or local ordinance of any
12    state relating to railroad-highway grade crossing.
13    (25.7) School Bus. "School bus" means a commercial motor
14vehicle used to transport pre-primary, primary, or secondary
15school students from home to school, from school to home, or to
16and from school-sponsored events. "School bus" does not include
17a bus used as a common carrier.
18    (26) Serious Traffic Violation. "Serious traffic
19violation" means:
20        (A) a conviction when operating a commercial motor
21    vehicle, or when operating a non-CMV while holding a CLP or
22    CDL, of:
23            (i) a violation relating to excessive speeding,
24        involving a single speeding charge of 15 miles per hour
25        or more above the legal speed limit; or
26            (ii) a violation relating to reckless driving; or

 

 

10100SB1968ham001- 182 -LRB101 08002 RLC 74920 a

1            (iii) a violation of any State law or local
2        ordinance relating to motor vehicle traffic control
3        (other than parking violations) arising in connection
4        with a fatal traffic accident; or
5            (iv) a violation of Section 6-501, relating to
6        having multiple driver's licenses; or
7            (v) a violation of paragraph (a) of Section 6-507,
8        relating to the requirement to have a valid CLP or CDL;
9        or
10            (vi) a violation relating to improper or erratic
11        traffic lane changes; or
12            (vii) a violation relating to following another
13        vehicle too closely; or
14            (viii) a violation relating to texting while
15        driving; or
16            (ix) a violation relating to the use of a hand-held
17        mobile telephone while driving; or
18        (B) any other similar violation of a law or local
19    ordinance of any state relating to motor vehicle traffic
20    control, other than a parking violation, which the
21    Secretary of State determines by administrative rule to be
22    serious.
23    (27) State. "State" means a state of the United States, the
24District of Columbia and any province or territory of Canada.
25    (28) (Blank).
26    (29) (Blank).

 

 

10100SB1968ham001- 183 -LRB101 08002 RLC 74920 a

1    (30) (Blank).
2    (31) (Blank).
3    (32) Texting. "Texting" means manually entering
4alphanumeric text into, or reading text from, an electronic
5device.
6        (1) Texting includes, but is not limited to, short
7    message service, emailing, instant messaging, a command or
8    request to access a World Wide Web page, pressing more than
9    a single button to initiate or terminate a voice
10    communication using a mobile telephone, or engaging in any
11    other form of electronic text retrieval or entry for
12    present or future communication.
13        (2) Texting does not include:
14            (i) inputting, selecting, or reading information
15        on a global positioning system or navigation system; 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
26skills test examiner" means a person employed by a third party

 

 

10100SB1968ham001- 184 -LRB101 08002 RLC 74920 a

1tester who is authorized by the State to administer the CDL
2skills tests specified in 49 C.F.R. Part 383, subparts G and H.
3    (32.5) Third party tester. "Third party tester" means a
4person (including, but not limited to, another state, a motor
5carrier, a private driver training facility or other private
6institution, or a department, agency, or instrumentality of a
7local government) authorized by the State to employ skills test
8examiners to administer the CDL skills tests specified in 49
9C.F.R. Part 383, subparts G and H.
10    (32.7) United States. "United States" means the 50 states
11and the District of Columbia.
12    (33) Use a hand-held mobile telephone. "Use a hand-held
13mobile 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 pressing
17    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 and
22    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    (625 ILCS 5/6-601)  (from Ch. 95 1/2, par. 6-601)

 

 

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1    Sec. 6-601. Penalties.
2    (a) It is a petty offense for any person to violate any of
3the provisions of this Chapter unless such violation is by this
4Code or other law of this State declared to be a misdemeanor or
5a felony.
6    (b) General penalties. Unless another penalty is in this
7Code or other laws of this State, every person convicted of a
8petty offense for the violation of any provision of this
9Chapter shall be punished by a fine of not more than $500.
10    (c) Unlicensed driving. Except as hereinafter provided a
11violation of Section 6-101 shall be:
12        1. A Class A misdemeanor if the person failed to obtain
13    a driver's license or permit after expiration of a period
14    of revocation.
15        2. A Class B misdemeanor if the person has been issued
16    a driver's license or permit, which has expired, and if the
17    period of expiration is greater than one year; or if the
18    person has never been issued a driver's license or permit,
19    or is not qualified to obtain a driver's license or permit
20    because of his age.
21        3. A petty offense if the person has been issued a
22    temporary visitor's driver's license or permit and is
23    unable to provide proof of liability insurance as provided
24    in subsection (d-5) of Section 6-105.1.
25    If a licensee under this Code is convicted of violating
26Section 6-303 for operating a motor vehicle during a time when

 

 

10100SB1968ham001- 186 -LRB101 08002 RLC 74920 a

1such licensee's driver's license was suspended under the
2provisions of Section 6-306.3 or 6-308, then such act shall be
3a petty offense (provided the licensee has answered the charge
4which was the basis of the suspension under Section 6-306.3 or
56-308), and there shall be imposed no additional like period of
6suspension as provided in paragraph (b) of Section 6-303.
7    (d) For violations of this Code or a similar provision of a
8local ordinance for which a violation is a petty offense as
9defined by Section 5-1-17 of the Unified Code of Corrections,
10excluding business offenses as defined by Section 5-1-2 of the
11Unified Code of Corrections or a violation of Section 15-111 or
12subsection (d) of Section 3-401 of this Code, if the violation
13may be satisfied without a court appearance, the violator may,
14pursuant to Supreme Court Rule, satisfy the case with a written
15plea of guilty and payment of fines, penalties, and costs as
16equal to the bail amount established by the Supreme Court for
17the offense.
18(Source: P.A. 97-1157, eff. 11-28-13; 98-870, eff. 1-1-15;
1998-1134, eff. 1-1-15.)
 
20    (625 ILCS 5/16-103)  (from Ch. 95 1/2, par. 16-103)
21    Sec. 16-103. Arrest outside county where violation
22committed.
23    Whenever a defendant is arrested upon a warrant charging a
24violation of this Act in a county other than that in which such
25warrant was issued, the arresting officer, immediately upon the

 

 

10100SB1968ham001- 187 -LRB101 08002 RLC 74920 a

1request of the defendant, shall take such defendant before a
2circuit judge or associate circuit judge in the county in which
3the arrest was made who shall admit the defendant to pretrial
4release bail for his appearance before the court named in the
5warrant. On setting the conditions of pretrial release taking
6such bail the circuit judge or associate circuit judge shall
7certify such fact on the warrant and deliver the warrant and
8conditions of pretrial release undertaking of bail or other
9security, or the drivers license of such defendant if
10deposited, under the law relating to such licenses, in lieu of
11such security, to the officer having charge of the defendant.
12Such officer shall then immediately discharge the defendant
13from arrest and without delay deliver such warrant and such
14acknowledgment by the defendant of his or her receiving the
15conditions of pretrial release undertaking of bail, or other
16security or drivers license to the court before which the
17defendant is required to appear.
18(Source: P.A. 77-1280.)
 
19    Section 10-191. The Illinois Vehicle Code is amended by
20changing Sections 6-209.1, 11-208.3, 11-208.6, 11-208.8,
2111-208.9, and 11-1201.1 as follows:
 
22    (625 ILCS 5/6-209.1)
23    Sec. 6-209.1. Restoration of driving privileges;
24revocation; suspension; cancellation.

 

 

10100SB1968ham001- 188 -LRB101 08002 RLC 74920 a

1    (a) The Secretary shall rescind the suspension or
2cancellation of a person's driver's license that has been
3suspended or canceled before July 1, 2020 (the effective date
4of Public Act 101-623) this amendatory Act of the 101st General
5Assembly due to:
6        (1) the person being convicted of theft of motor fuel
7    under Section Sections 16-25 or 16K-15 of the Criminal Code
8    of 1961 or the Criminal Code of 2012;
9        (2) the person, since the issuance of the driver's
10    license, being adjudged to be afflicted with or suffering
11    from any mental disability or disease;
12        (3) a violation of Section 6-16 of the Liquor Control
13    Act of 1934 or a similar provision of a local ordinance;
14        (4) the person being convicted of a violation of
15    Section 6-20 of the Liquor Control Act of 1934 or a similar
16    provision of a local ordinance, if the person presents a
17    certified copy of a court order that includes a finding
18    that the person was not an occupant of a motor vehicle at
19    the time of the violation;
20        (5) the person receiving a disposition of court
21    supervision for a violation of subsection subsections (a),
22    (d), or (e) of Section 6-20 of the Liquor Control Act of
23    1934 or a similar provision of a local ordinance, if the
24    person presents a certified copy of a court order that
25    includes a finding that the person was not an occupant of a
26    motor vehicle at the time of the violation;

 

 

10100SB1968ham001- 189 -LRB101 08002 RLC 74920 a

1        (6) the person failing to pay any fine or penalty due
2    or owing as a result of 10 or more violations of a
3    municipality's or county's vehicular standing, parking, or
4    compliance regulations established by ordinance under
5    Section 11-208.3 of this Code;
6        (7) the person failing to satisfy any fine or penalty
7    resulting from a final order issued by the Illinois State
8    Toll Highway Authority relating directly or indirectly to 5
9    or more toll violations, toll evasions, or both;
10        (8) the person being convicted of a violation of
11    Section 4-102 of this Code, if the person presents a
12    certified copy of a court order that includes a finding
13    that the person did not exercise actual physical control of
14    the vehicle at the time of the violation; or
15        (9) the person being convicted of criminal trespass to
16    vehicles under Section 21-2 of the Criminal Code of 2012,
17    if the person presents a certified copy of a court order
18    that includes a finding that the person did not exercise
19    actual physical control of the vehicle at the time of the
20    violation.
21    (b) As soon as practicable and no later than July 1, 2021,
22the Secretary shall rescind the suspension, cancellation, or
23prohibition of renewal of a person's driver's license that has
24been suspended, canceled, or whose renewal has been prohibited
25before the effective date of this amendatory Act of the 101st
26General Assembly due to the person having failed to pay any

 

 

10100SB1968ham001- 190 -LRB101 08002 RLC 74920 a

1fine or penalty for traffic violations, automated traffic law
2enforcement system violations as defined in Sections 11-208.6,
3and 11-208.8,11-208.9, and 11-1201.1, or abandoned vehicle
4fees.
5(Source: P.A. 101-623, eff. 7-1-20; revised 8-18-20.)
 
6    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
7    Sec. 11-208.3. Administrative adjudication of violations
8of traffic regulations concerning the standing, parking, or
9condition of vehicles, automated traffic law violations, and
10automated speed enforcement system violations.
11    (a) Any municipality or county may provide by ordinance for
12a system of administrative adjudication of vehicular standing
13and parking violations and vehicle compliance violations as
14described in this subsection, automated traffic law violations
15as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and
16automated speed enforcement system violations as defined in
17Section 11-208.8. The administrative system shall have as its
18purpose the fair and efficient enforcement of municipal or
19county regulations through the administrative adjudication of
20automated speed enforcement system or automated traffic law
21violations and violations of municipal or county ordinances
22regulating the standing and parking of vehicles, the condition
23and use of vehicle equipment, and the display of municipal or
24county wheel tax licenses within the municipality's or county's
25borders. The administrative system shall only have authority to

 

 

10100SB1968ham001- 191 -LRB101 08002 RLC 74920 a

1adjudicate civil offenses carrying fines not in excess of $500
2or requiring the completion of a traffic education program, or
3both, that occur after the effective date of the ordinance
4adopting such a system under this Section. For purposes of this
5Section, "compliance violation" means a violation of a
6municipal or county regulation governing the condition or use
7of equipment on a vehicle or governing the display of a
8municipal or county wheel tax license.
9    (b) Any ordinance establishing a system of administrative
10adjudication under this Section shall provide for:
11        (1) A traffic compliance administrator authorized to
12    adopt, distribute, and process parking, compliance, and
13    automated speed enforcement system or automated traffic
14    law violation notices and other notices required by this
15    Section, collect money paid as fines and penalties for
16    violation of parking and compliance ordinances and
17    automated speed enforcement system or automated traffic
18    law violations, and operate an administrative adjudication
19    system. The traffic compliance administrator also may make
20    a certified report to the Secretary of State under Section
21    6-306.5.
22        (2) A parking, standing, compliance, automated speed
23    enforcement system, or automated traffic law violation
24    notice that shall specify or include the date, time, and
25    place of violation of a parking, standing, compliance,
26    automated speed enforcement system, or automated traffic

 

 

10100SB1968ham001- 192 -LRB101 08002 RLC 74920 a

1    law regulation; the particular regulation violated; any
2    requirement to complete a traffic education program; the
3    fine and any penalty that may be assessed for late payment
4    or failure to complete a required traffic education
5    program, or both, when so provided by ordinance; the
6    vehicle make or a photograph of the vehicle; the state
7    registration number of the vehicle; and the identification
8    number of the person issuing the notice. With regard to
9    automated speed enforcement system or automated traffic
10    law violations, vehicle make shall be specified on the
11    automated speed enforcement system or automated traffic
12    law violation notice if the notice does not include a
13    photograph of the vehicle and the make is available and
14    readily discernible. With regard to municipalities or
15    counties with a population of 1 million or more, it shall
16    be grounds for dismissal of a parking violation if the
17    state registration number or vehicle make specified is
18    incorrect. The violation notice shall state that the
19    completion of any required traffic education program, the
20    payment of any indicated fine, and the payment of any
21    applicable penalty for late payment or failure to complete
22    a required traffic education program, or both, shall
23    operate as a final disposition of the violation. The notice
24    also shall contain information as to the availability of a
25    hearing in which the violation may be contested on its
26    merits. The violation notice shall specify the time and

 

 

10100SB1968ham001- 193 -LRB101 08002 RLC 74920 a

1    manner in which a hearing may be had.
2        (3) Service of a parking, standing, or compliance
3    violation notice by: (i) affixing the original or a
4    facsimile of the notice to an unlawfully parked or standing
5    vehicle; (ii) handing the notice to the operator of a
6    vehicle if he or she is present; or (iii) mailing the
7    notice to the address of the registered owner or lessee of
8    the cited vehicle as recorded with the Secretary of State
9    or the lessor of the motor vehicle within 30 days after the
10    Secretary of State or the lessor of the motor vehicle
11    notifies the municipality or county of the identity of the
12    owner or lessee of the vehicle, but not later than 90 days
13    after the date of the violation, except that in the case of
14    a lessee of a motor vehicle, service of a parking,
15    standing, or compliance violation notice may occur no later
16    than 210 days after the violation; and service of an
17    automated speed enforcement system or automated traffic
18    law violation notice by mail to the address of the
19    registered owner or lessee of the cited vehicle as recorded
20    with the Secretary of State or the lessor of the motor
21    vehicle within 30 days after the Secretary of State or the
22    lessor of the motor vehicle notifies the municipality or
23    county of the identity of the owner or lessee of the
24    vehicle, but not later than 90 days after the violation,
25    except that in the case of a lessee of a motor vehicle,
26    service of an automated traffic law violation notice may

 

 

10100SB1968ham001- 194 -LRB101 08002 RLC 74920 a

1    occur no later than 210 days after the violation. A person
2    authorized by ordinance to issue and serve parking,
3    standing, and compliance violation notices shall certify
4    as to the correctness of the facts entered on the violation
5    notice by signing his or her name to the notice at the time
6    of service or, in the case of a notice produced by a
7    computerized device, by signing a single certificate to be
8    kept by the traffic compliance administrator attesting to
9    the correctness of all notices produced by the device while
10    it was under his or her control. In the case of an
11    automated traffic law violation, the ordinance shall
12    require a determination by a technician employed or
13    contracted by the municipality or county that, based on
14    inspection of recorded images, the motor vehicle was being
15    operated in violation of Section 11-208.6, 11-208.9, or
16    11-1201.1 or a local ordinance. If the technician
17    determines that the vehicle entered the intersection as
18    part of a funeral procession or in order to yield the
19    right-of-way to an emergency vehicle, a citation shall not
20    be issued. In municipalities with a population of less than
21    1,000,000 inhabitants and counties with a population of
22    less than 3,000,000 inhabitants, the automated traffic law
23    ordinance shall require that all determinations by a
24    technician that a motor vehicle was being operated in
25    violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a
26    local ordinance must be reviewed and approved by a law

 

 

10100SB1968ham001- 195 -LRB101 08002 RLC 74920 a

1    enforcement officer or retired law enforcement officer of
2    the municipality or county issuing the violation. In
3    municipalities with a population of 1,000,000 or more
4    inhabitants and counties with a population of 3,000,000 or
5    more inhabitants, the automated traffic law ordinance
6    shall require that all determinations by a technician that
7    a motor vehicle was being operated in violation of Section
8    11-208.6, 11-208.9, or 11-1201.1 or a local ordinance must
9    be reviewed and approved by a law enforcement officer or
10    retired law enforcement officer of the municipality or
11    county issuing the violation or by an additional fully
12    trained fully-trained reviewing technician who is not
13    employed by the contractor who employs the technician who
14    made the initial determination. In the case of an automated
15    speed enforcement system violation, the ordinance shall
16    require a determination by a technician employed by the
17    municipality, based upon an inspection of recorded images,
18    video or other documentation, including documentation of
19    the speed limit and automated speed enforcement signage,
20    and documentation of the inspection, calibration, and
21    certification of the speed equipment, that the vehicle was
22    being operated in violation of Article VI of Chapter 11 of
23    this Code or a similar local ordinance. If the technician
24    determines that the vehicle speed was not determined by a
25    calibrated, certified speed equipment device based upon
26    the speed equipment documentation, or if the vehicle was an

 

 

10100SB1968ham001- 196 -LRB101 08002 RLC 74920 a

1    emergency vehicle, a citation may not be issued. The
2    automated speed enforcement ordinance shall require that
3    all determinations by a technician that a violation
4    occurred be reviewed and approved by a law enforcement
5    officer or retired law enforcement officer of the
6    municipality issuing the violation or by an additional
7    fully trained reviewing technician who is not employed by
8    the contractor who employs the technician who made the
9    initial determination. Routine and independent calibration
10    of the speeds produced by automated speed enforcement
11    systems and equipment shall be conducted annually by a
12    qualified technician. Speeds produced by an automated
13    speed enforcement system shall be compared with speeds
14    produced by lidar or other independent equipment. Radar or
15    lidar equipment shall undergo an internal validation test
16    no less frequently than once each week. Qualified
17    technicians shall test loop-based loop based equipment no
18    less frequently than once a year. Radar equipment shall be
19    checked for accuracy by a qualified technician when the
20    unit is serviced, when unusual or suspect readings persist,
21    or when deemed necessary by a reviewing technician. Radar
22    equipment shall be checked with the internal frequency
23    generator and the internal circuit test whenever the radar
24    is turned on. Technicians must be alert for any unusual or
25    suspect readings, and if unusual or suspect readings of a
26    radar unit persist, that unit shall immediately be removed

 

 

10100SB1968ham001- 197 -LRB101 08002 RLC 74920 a

1    from service and not returned to service until it has been
2    checked by a qualified technician and determined to be
3    functioning properly. Documentation of the annual
4    calibration results, including the equipment tested, test
5    date, technician performing the test, and test results,
6    shall be maintained and available for use in the
7    determination of an automated speed enforcement system
8    violation and issuance of a citation. The technician
9    performing the calibration and testing of the automated
10    speed enforcement equipment shall be trained and certified
11    in the use of equipment for speed enforcement purposes.
12    Training on the speed enforcement equipment may be
13    conducted by law enforcement, civilian, or manufacturer's
14    personnel and if applicable may be equivalent to the
15    equipment use and operations training included in the Speed
16    Measuring Device Operator Program developed by the
17    National Highway Traffic Safety Administration (NHTSA).
18    The vendor or technician who performs the work shall keep
19    accurate records on each piece of equipment the technician
20    calibrates and tests. As used in this paragraph, "fully
21    trained fully-trained reviewing technician" means a person
22    who has received at least 40 hours of supervised training
23    in subjects which shall include image inspection and
24    interpretation, the elements necessary to prove a
25    violation, license plate identification, and traffic
26    safety and management. In all municipalities and counties,

 

 

10100SB1968ham001- 198 -LRB101 08002 RLC 74920 a

1    the automated speed enforcement system or automated
2    traffic law ordinance shall require that no additional fee
3    shall be charged to the alleged violator for exercising his
4    or her right to an administrative hearing, and persons
5    shall be given at least 25 days following an administrative
6    hearing to pay any civil penalty imposed by a finding that
7    Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a
8    similar local ordinance has been violated. The original or
9    a facsimile of the violation notice or, in the case of a
10    notice produced by a computerized device, a printed record
11    generated by the device showing the facts entered on the
12    notice, shall be retained by the traffic compliance
13    administrator, and shall be a record kept in the ordinary
14    course of business. A parking, standing, compliance,
15    automated speed enforcement system, or automated traffic
16    law violation notice issued, signed, and served in
17    accordance with this Section, a copy of the notice, or the
18    computer-generated computer generated record shall be
19    prima facie correct and shall be prima facie evidence of
20    the correctness of the facts shown on the notice. The
21    notice, copy, or computer-generated computer generated
22    record shall be admissible in any subsequent
23    administrative or legal proceedings.
24        (4) An opportunity for a hearing for the registered
25    owner of the vehicle cited in the parking, standing,
26    compliance, automated speed enforcement system, or

 

 

10100SB1968ham001- 199 -LRB101 08002 RLC 74920 a

1    automated traffic law violation notice in which the owner
2    may contest the merits of the alleged violation, and during
3    which formal or technical rules of evidence shall not
4    apply; provided, however, that under Section 11-1306 of
5    this Code the lessee of a vehicle cited in the violation
6    notice likewise shall be provided an opportunity for a
7    hearing of the same kind afforded the registered owner. The
8    hearings shall be recorded, and the person conducting the
9    hearing on behalf of the traffic compliance administrator
10    shall be empowered to administer oaths and to secure by
11    subpoena both the attendance and testimony of witnesses and
12    the production of relevant books and papers. Persons
13    appearing at a hearing under this Section may be
14    represented by counsel at their expense. The ordinance may
15    also provide for internal administrative review following
16    the decision of the hearing officer.
17        (5) Service of additional notices, sent by first class
18    United States mail, postage prepaid, to the address of the
19    registered owner of the cited vehicle as recorded with the
20    Secretary of State or, if any notice to that address is
21    returned as undeliverable, to the last known address
22    recorded in a United States Post Office approved database,
23    or, under Section 11-1306 or subsection (p) of Section
24    11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8
25    of this Code, to the lessee of the cited vehicle at the
26    last address known to the lessor of the cited vehicle at

 

 

10100SB1968ham001- 200 -LRB101 08002 RLC 74920 a

1    the time of lease or, if any notice to that address is
2    returned as undeliverable, to the last known address
3    recorded in a United States Post Office approved database.
4    The service shall be deemed complete as of the date of
5    deposit in the United States mail. The notices shall be in
6    the following sequence and shall include, but not be
7    limited to, the information specified herein:
8            (i) A second notice of parking, standing, or
9        compliance violation if the first notice of the
10        violation was issued by affixing the original or a
11        facsimile of the notice to the unlawfully parked
12        vehicle or by handing the notice to the operator. This
13        notice shall specify or include the date and location
14        of the violation cited in the parking, standing, or
15        compliance violation notice, the particular regulation
16        violated, the vehicle make or a photograph of the
17        vehicle, the state registration number of the vehicle,
18        any requirement to complete a traffic education
19        program, the fine and any penalty that may be assessed
20        for late payment or failure to complete a traffic
21        education program, or both, when so provided by
22        ordinance, the availability of a hearing in which the
23        violation may be contested on its merits, and the time
24        and manner in which the hearing may be had. The notice
25        of violation shall also state that failure to complete
26        a required traffic education program, to pay the

 

 

10100SB1968ham001- 201 -LRB101 08002 RLC 74920 a

1        indicated fine and any applicable penalty, or to appear
2        at a hearing on the merits in the time and manner
3        specified, will result in a final determination of
4        violation liability for the cited violation in the
5        amount of the fine or penalty indicated, and that, upon
6        the occurrence of a final determination of violation
7        liability for the failure, and the exhaustion of, or
8        failure to exhaust, available administrative or
9        judicial procedures for review, any incomplete traffic
10        education program or any unpaid fine or penalty, or
11        both, will constitute a debt due and owing the
12        municipality or county.
13            (ii) A notice of final determination of parking,
14        standing, compliance, automated speed enforcement
15        system, or automated traffic law violation liability.
16        This notice shall be sent following a final
17        determination of parking, standing, compliance,
18        automated speed enforcement system, or automated
19        traffic law violation liability and the conclusion of
20        judicial review procedures taken under this Section.
21        The notice shall state that the incomplete traffic
22        education program or the unpaid fine or penalty, or
23        both, is a debt due and owing the municipality or
24        county. The notice shall contain warnings that failure
25        to complete any required traffic education program or
26        to pay any fine or penalty due and owing the

 

 

10100SB1968ham001- 202 -LRB101 08002 RLC 74920 a

1        municipality or county, or both, within the time
2        specified may result in the municipality's or county's
3        filing of a petition in the Circuit Court to have the
4        incomplete traffic education program or unpaid fine or
5        penalty, or both, rendered a judgment as provided by
6        this Section, or, where applicable, may result in
7        suspension of the person's driver's drivers license
8        for failure to complete a traffic education program or
9        to pay fines or penalties, or both, for 5 or more
10        automated traffic law violations under Section
11        11-208.6 or 11-208.9 or automated speed enforcement
12        system violations under Section 11-208.8.
13        (6) A notice of impending driver's drivers license
14    suspension. This notice shall be sent to the person liable
15    for failure to complete a required traffic education
16    program or to pay any fine or penalty that remains due and
17    owing, or both, on 5 or more unpaid automated speed
18    enforcement system or automated traffic law violations.
19    The notice shall state that failure to complete a required
20    traffic education program or to pay the fine or penalty
21    owing, or both, within 45 days of the notice's date will
22    result in the municipality or county notifying the
23    Secretary of State that the person is eligible for
24    initiation of suspension proceedings under Section 6-306.5
25    of this Code. The notice shall also state that the person
26    may obtain a photostatic copy of an original ticket

 

 

10100SB1968ham001- 203 -LRB101 08002 RLC 74920 a

1    imposing a fine or penalty by sending a self-addressed self
2    addressed, stamped envelope to the municipality or county
3    along with a request for the photostatic copy. The notice
4    of impending driver's drivers license suspension shall be
5    sent by first class United States mail, postage prepaid, to
6    the address recorded with the Secretary of State or, if any
7    notice to that address is returned as undeliverable, to the
8    last known address recorded in a United States Post Office
9    approved database.
10        (7) Final determinations of violation liability. A
11    final determination of violation liability shall occur
12    following failure to complete the required traffic
13    education program or to pay the fine or penalty, or both,
14    after a hearing officer's determination of violation
15    liability and the exhaustion of or failure to exhaust any
16    administrative review procedures provided by ordinance.
17    Where a person fails to appear at a hearing to contest the
18    alleged violation in the time and manner specified in a
19    prior mailed notice, the hearing officer's determination
20    of violation liability shall become final: (A) upon denial
21    of a timely petition to set aside that determination, or
22    (B) upon expiration of the period for filing the petition
23    without a filing having been made.
24        (8) A petition to set aside a determination of parking,
25    standing, compliance, automated speed enforcement system,
26    or automated traffic law violation liability that may be

 

 

10100SB1968ham001- 204 -LRB101 08002 RLC 74920 a

1    filed by a person owing an unpaid fine or penalty. A
2    petition to set aside a determination of liability may also
3    be filed by a person required to complete a traffic
4    education program. The petition shall be filed with and
5    ruled upon by the traffic compliance administrator in the
6    manner and within the time specified by ordinance. The
7    grounds for the petition may be limited to: (A) the person
8    not having been the owner or lessee of the cited vehicle on
9    the date the violation notice was issued, (B) the person
10    having already completed the required traffic education
11    program or paid the fine or penalty, or both, for the
12    violation in question, and (C) excusable failure to appear
13    at or request a new date for a hearing. With regard to
14    municipalities or counties with a population of 1 million
15    or more, it shall be grounds for dismissal of a parking
16    violation if the state registration number or vehicle make,
17    only if specified in the violation notice, is incorrect.
18    After the determination of parking, standing, compliance,
19    automated speed enforcement system, or automated traffic
20    law violation liability has been set aside upon a showing
21    of just cause, the registered owner shall be provided with
22    a hearing on the merits for that violation.
23        (9) Procedures for non-residents. Procedures by which
24    persons who are not residents of the municipality or county
25    may contest the merits of the alleged violation without
26    attending a hearing.

 

 

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1        (10) A schedule of civil fines for violations of
2    vehicular standing, parking, compliance, automated speed
3    enforcement system, or automated traffic law regulations
4    enacted by ordinance pursuant to this Section, and a
5    schedule of penalties for late payment of the fines or
6    failure to complete required traffic education programs,
7    provided, however, that the total amount of the fine and
8    penalty for any one violation shall not exceed $250, except
9    as provided in subsection (c) of Section 11-1301.3 of this
10    Code.
11        (11) Other provisions as are necessary and proper to
12    carry into effect the powers granted and purposes stated in
13    this Section.
14    (c) Any municipality or county establishing vehicular
15standing, parking, compliance, automated speed enforcement
16system, or automated traffic law regulations under this Section
17may also provide by ordinance for a program of vehicle
18immobilization for the purpose of facilitating enforcement of
19those regulations. The program of vehicle immobilization shall
20provide for immobilizing any eligible vehicle upon the public
21way by presence of a restraint in a manner to prevent operation
22of the vehicle. Any ordinance establishing a program of vehicle
23immobilization under this Section shall provide:
24        (1) Criteria for the designation of vehicles eligible
25    for immobilization. A vehicle shall be eligible for
26    immobilization when the registered owner of the vehicle has

 

 

10100SB1968ham001- 206 -LRB101 08002 RLC 74920 a

1    accumulated the number of incomplete traffic education
2    programs or unpaid final determinations of parking,
3    standing, compliance, automated speed enforcement system,
4    or automated traffic law violation liability, or both, as
5    determined by ordinance.
6        (2) A notice of impending vehicle immobilization and a
7    right to a hearing to challenge the validity of the notice
8    by disproving liability for the incomplete traffic
9    education programs or unpaid final determinations of
10    parking, standing, compliance, automated speed enforcement
11    system, or automated traffic law violation liability, or
12    both, listed on the notice.
13        (3) The right to a prompt hearing after a vehicle has
14    been immobilized or subsequently towed without the
15    completion of the required traffic education program or
16    payment of the outstanding fines and penalties on parking,
17    standing, compliance, automated speed enforcement system,
18    or automated traffic law violations, or both, for which
19    final determinations have been issued. An order issued
20    after the hearing is a final administrative decision within
21    the meaning of Section 3-101 of the Code of Civil
22    Procedure.
23        (4) A post immobilization and post-towing notice
24    advising the registered owner of the vehicle of the right
25    to a hearing to challenge the validity of the impoundment.
26    (d) Judicial review of final determinations of parking,

 

 

10100SB1968ham001- 207 -LRB101 08002 RLC 74920 a

1standing, compliance, automated speed enforcement system, or
2automated traffic law violations and final administrative
3decisions issued after hearings regarding vehicle
4immobilization and impoundment made under this Section shall be
5subject to the provisions of the Administrative Review Law.
6    (e) Any fine, penalty, incomplete traffic education
7program, or part of any fine or any penalty remaining unpaid
8after the exhaustion of, or the failure to exhaust,
9administrative remedies created under this Section and the
10conclusion of any judicial review procedures shall be a debt
11due and owing the municipality or county and, as such, may be
12collected in accordance with applicable law. Completion of any
13required traffic education program and payment in full of any
14fine or penalty resulting from a standing, parking, compliance,
15automated speed enforcement system, or automated traffic law
16violation shall constitute a final disposition of that
17violation.
18    (f) After the expiration of the period within which
19judicial review may be sought for a final determination of
20parking, standing, compliance, automated speed enforcement
21system, or automated traffic law violation, the municipality or
22county may commence a proceeding in the Circuit Court for
23purposes of obtaining a judgment on the final determination of
24violation. Nothing in this Section shall prevent a municipality
25or county from consolidating multiple final determinations of
26parking, standing, compliance, automated speed enforcement

 

 

10100SB1968ham001- 208 -LRB101 08002 RLC 74920 a

1system, or automated traffic law violations against a person in
2a proceeding. Upon commencement of the action, the municipality
3or county shall file a certified copy or record of the final
4determination of parking, standing, compliance, automated
5speed enforcement system, or automated traffic law violation,
6which shall be accompanied by a certification that recites
7facts sufficient to show that the final determination of
8violation was issued in accordance with this Section and the
9applicable municipal or county ordinance. Service of the
10summons and a copy of the petition may be by any method
11provided by Section 2-203 of the Code of Civil Procedure or by
12certified mail, return receipt requested, provided that the
13total amount of fines and penalties for final determinations of
14parking, standing, compliance, automated speed enforcement
15system, or automated traffic law violations does not exceed
16$2500. If the court is satisfied that the final determination
17of parking, standing, compliance, automated speed enforcement
18system, or automated traffic law violation was entered in
19accordance with the requirements of this Section and the
20applicable municipal or county ordinance, and that the
21registered owner or the lessee, as the case may be, had an
22opportunity for an administrative hearing and for judicial
23review as provided in this Section, the court shall render
24judgment in favor of the municipality or county and against the
25registered owner or the lessee for the amount indicated in the
26final determination of parking, standing, compliance,

 

 

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1automated speed enforcement system, or automated traffic law
2violation, plus costs. The judgment shall have the same effect
3and may be enforced in the same manner as other judgments for
4the recovery of money.
5    (g) The fee for participating in a traffic education
6program under this Section shall not exceed $25.
7    A low-income individual required to complete a traffic
8education program under this Section who provides proof of
9eligibility for the federal earned income tax credit under
10Section 32 of the Internal Revenue Code or the Illinois earned
11income tax credit under Section 212 of the Illinois Income Tax
12Act shall not be required to pay any fee for participating in a
13required traffic education program.
14(Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20;
15revised 12-21-20.)
 
16    (625 ILCS 5/11-208.6)
17    Sec. 11-208.6. Automated traffic law enforcement system.
18    (a) As used in this Section, "automated traffic law
19enforcement system" means a device with one or more motor
20vehicle sensors working in conjunction with a red light signal
21to produce recorded images of motor vehicles entering an
22intersection against a red signal indication in violation of
23Section 11-306 of this Code or a similar provision of a local
24ordinance.
25    An automated traffic law enforcement system is a system, in

 

 

10100SB1968ham001- 210 -LRB101 08002 RLC 74920 a

1a municipality or county operated by a governmental agency,
2that produces a recorded image of a motor vehicle's violation
3of a provision of this Code or a local ordinance and is
4designed to obtain a clear recorded image of the vehicle and
5the vehicle's license plate. The recorded image must also
6display the time, date, and location of the violation.
7    (b) As used in this Section, "recorded images" means images
8recorded by an automated traffic law enforcement system on:
9        (1) 2 or more photographs;
10        (2) 2 or more microphotographs;
11        (3) 2 or more electronic images; or
12        (4) a video recording showing the motor vehicle and, on
13    at least one image or portion of the recording, clearly
14    identifying the registration plate or digital registration
15    plate number of the motor vehicle.
16    (b-5) A municipality or county that produces a recorded
17image of a motor vehicle's violation of a provision of this
18Code or a local ordinance must make the recorded images of a
19violation accessible to the alleged violator by providing the
20alleged violator with a website address, accessible through the
21Internet.
22    (c) Except as provided under Section 11-208.8 of this Code,
23a county or municipality, including a home rule county or
24municipality, may not use an automated traffic law enforcement
25system to provide recorded images of a motor vehicle for the
26purpose of recording its speed. Except as provided under

 

 

10100SB1968ham001- 211 -LRB101 08002 RLC 74920 a

1Section 11-208.8 of this Code, the regulation of the use of
2automated traffic law enforcement systems to record vehicle
3speeds is an exclusive power and function of the State. This
4subsection (c) is a denial and limitation of home rule powers
5and functions under subsection (h) of Section 6 of Article VII
6of the Illinois Constitution.
7    (c-5) A county or municipality, including a home rule
8county or municipality, may not use an automated traffic law
9enforcement system to issue violations in instances where the
10motor vehicle comes to a complete stop and does not enter the
11intersection, as defined by Section 1-132 of this Code, during
12the cycle of the red signal indication unless one or more
13pedestrians or bicyclists are present, even if the motor
14vehicle stops at a point past a stop line or crosswalk where a
15driver is required to stop, as specified in subsection (c) of
16Section 11-306 of this Code or a similar provision of a local
17ordinance.
18    (c-6) A county, or a municipality with less than 2,000,000
19inhabitants, including a home rule county or municipality, may
20not use an automated traffic law enforcement system to issue
21violations in instances where a motorcyclist enters an
22intersection against a red signal indication when the red
23signal fails to change to a green signal within a reasonable
24period of time not less than 120 seconds because of a signal
25malfunction or because the signal has failed to detect the
26arrival of the motorcycle due to the motorcycle's size or

 

 

10100SB1968ham001- 212 -LRB101 08002 RLC 74920 a

1weight.
2    (d) For each violation of a provision of this Code or a
3local ordinance recorded by an automatic traffic law
4enforcement system, the county or municipality having
5jurisdiction shall issue a written notice of the violation to
6the registered owner of the vehicle as the alleged violator.
7The notice shall be delivered to the registered owner of the
8vehicle, by mail, within 30 days after the Secretary of State
9notifies the municipality or county of the identity of the
10owner of the vehicle, but in no event later than 90 days after
11the violation.
12    The notice shall include:
13        (1) the name and address of the registered owner of the
14    vehicle;
15        (2) the registration number of the motor vehicle
16    involved in the violation;
17        (3) the violation charged;
18        (4) the location where the violation occurred;
19        (5) the date and time of the violation;
20        (6) a copy of the recorded images;
21        (7) the amount of the civil penalty imposed and the
22    requirements of any traffic education program imposed and
23    the date by which the civil penalty should be paid and the
24    traffic education program should be completed;
25        (8) a statement that recorded images are evidence of a
26    violation of a red light signal;

 

 

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1        (9) a warning that failure to pay the civil penalty, to
2    complete a required traffic education program, or to
3    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, completing a required traffic
9        education program, or both; or
10            (B) challenging the charge in court, by mail, or by
11        administrative hearing; and
12        (11) a website address, accessible through the
13    Internet, where the person may view the recorded images of
14    the violation.
15    (e) (Blank). If a person charged with a traffic violation,
16as a result of an automated traffic law enforcement system,
17does not pay the fine or complete a required traffic education
18program, or both, or successfully contest the civil penalty
19resulting from that violation, the Secretary of State shall
20suspend the driving privileges of the registered owner of the
21vehicle under Section 6-306.5 of this Code for failing to
22complete a required traffic education program or to pay any
23fine or penalty due and owing, or both, as a result of a
24combination of 5 violations of the automated traffic law
25enforcement system or the automated speed enforcement system
26under Section 11-208.8 of this Code.

 

 

10100SB1968ham001- 214 -LRB101 08002 RLC 74920 a

1    (f) Based on inspection of recorded images produced by an
2automated traffic law enforcement system, a notice alleging
3that the violation occurred shall be evidence of the facts
4contained in the notice and admissible in any proceeding
5alleging a violation under this Section.
6    (g) Recorded images made by an automatic traffic law
7enforcement system are confidential and shall be made available
8only to the alleged violator and governmental and law
9enforcement agencies for purposes of adjudicating a violation
10of this Section, for statistical purposes, or for other
11governmental purposes. Any recorded image evidencing a
12violation of this Section, however, may be admissible in any
13proceeding resulting from the issuance of the citation.
14    (h) The court or hearing officer may consider in defense of
15a violation:
16        (1) that the motor vehicle or registration plates or
17    digital registration plates of the motor vehicle were
18    stolen before the violation occurred and not under the
19    control of or in the possession of the owner at the time of
20    the violation;
21        (2) that the driver of the vehicle passed through the
22    intersection when the light was red either (i) in order to
23    yield the right-of-way to an emergency vehicle or (ii) as
24    part of a funeral procession; and
25        (3) any other evidence or issues provided by municipal
26    or county ordinance.

 

 

10100SB1968ham001- 215 -LRB101 08002 RLC 74920 a

1    (i) To demonstrate that the motor vehicle or the
2registration plates or digital registration plates were stolen
3before the violation occurred and were not under the control or
4possession of the owner at the time of the violation, the owner
5must submit proof that a report concerning the stolen motor
6vehicle or registration plates was filed with a law enforcement
7agency in a timely manner.
8    (j) Unless the driver of the motor vehicle received a
9Uniform Traffic Citation from a police officer at the time of
10the violation, the motor vehicle owner is subject to a civil
11penalty not exceeding $100 or the completion of a traffic
12education program, or both, plus an additional penalty of not
13more than $100 for failure to pay the original penalty or to
14complete a required traffic education program, or both, in a
15timely manner, if the motor vehicle is recorded by an automated
16traffic law enforcement system. A violation for which a civil
17penalty is imposed under this Section is not a violation of a
18traffic regulation governing the movement of vehicles and may
19not be recorded on the driving record of the owner of the
20vehicle.
21    (j-3) A registered owner who is a holder of a valid
22commercial driver's license is not required to complete a
23traffic education program.
24    (j-5) For purposes of the required traffic education
25program only, a registered owner may submit an affidavit to the
26court or hearing officer swearing that at the time of the

 

 

10100SB1968ham001- 216 -LRB101 08002 RLC 74920 a

1alleged violation, the vehicle was in the custody and control
2of another person. The affidavit must identify the person in
3custody and control of the vehicle, including the person's name
4and current address. The person in custody and control of the
5vehicle at the time of the violation is required to complete
6the required traffic education program. If the person in
7custody and control of the vehicle at the time of the violation
8completes the required traffic education program, the
9registered owner of the vehicle is not required to complete a
10traffic education program.
11    (k) An intersection equipped with an automated traffic law
12enforcement system must be posted with a sign visible to
13approaching traffic indicating that the intersection is being
14monitored by an automated traffic law enforcement system.
15    (k-3) A municipality or county that has one or more
16intersections equipped with an automated traffic law
17enforcement system must provide notice to drivers by posting
18the locations of automated traffic law systems on the
19municipality or county website.
20    (k-5) An intersection equipped with an automated traffic
21law enforcement system must have a yellow change interval that
22conforms with the Illinois Manual on Uniform Traffic Control
23Devices (IMUTCD) published by the Illinois Department of
24Transportation.
25    (k-7) A municipality or county operating an automated
26traffic law enforcement system shall conduct a statistical

 

 

10100SB1968ham001- 217 -LRB101 08002 RLC 74920 a

1analysis to assess the safety impact of each automated traffic
2law enforcement system at an intersection following
3installation of the system. The statistical analysis shall be
4based upon the best available crash, traffic, and other data,
5and shall cover a period of time before and after installation
6of the system sufficient to provide a statistically valid
7comparison of safety impact. The statistical analysis shall be
8consistent with professional judgment and acceptable industry
9practice. The statistical analysis also shall be consistent
10with the data required for valid comparisons of before and
11after conditions and shall be conducted within a reasonable
12period following the installation of the automated traffic law
13enforcement system. The statistical analysis required by this
14subsection (k-7) shall be made available to the public and
15shall be published on the website of the municipality or
16county. If the statistical analysis for the 36 month period
17following installation of the system indicates that there has
18been an increase in the rate of accidents at the approach to
19the intersection monitored by the system, the municipality or
20county shall undertake additional studies to determine the
21cause and severity of the accidents, and may take any action
22that it determines is necessary or appropriate to reduce the
23number or severity of the accidents at that intersection.
24    (l) The compensation paid for an automated traffic law
25enforcement system must be based on the value of the equipment
26or the services provided and may not be based on the number of

 

 

10100SB1968ham001- 218 -LRB101 08002 RLC 74920 a

1traffic citations issued or the revenue generated by the
2system.
3    (m) This Section applies only to the counties of Cook,
4DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
5to municipalities located within those counties.
6    (n) The fee for participating in a traffic education
7program under this Section shall not exceed $25.
8    A low-income individual required to complete a traffic
9education program under this Section who provides proof of
10eligibility for the federal earned income tax credit under
11Section 32 of the Internal Revenue Code or the Illinois earned
12income tax credit under Section 212 of the Illinois Income Tax
13Act shall not be required to pay any fee for participating in a
14required traffic education program.
15    (o) (Blank). A municipality or county shall make a
16certified report to the Secretary of State pursuant to Section
176-306.5 of this Code whenever a registered owner of a vehicle
18has failed to pay any fine or penalty due and owing as a result
19of a combination of 5 offenses for automated traffic law or
20speed enforcement system violations.
21    (p) No person who is the lessor of a motor vehicle pursuant
22to a written lease agreement shall be liable for an automated
23speed or traffic law enforcement system violation involving
24such motor vehicle during the period of the lease; provided
25that upon the request of the appropriate authority received
26within 120 days after the violation occurred, the lessor

 

 

10100SB1968ham001- 219 -LRB101 08002 RLC 74920 a

1provides within 60 days after such receipt the name and address
2of the lessee. The drivers license number of a lessee may be
3subsequently individually requested by the appropriate
4authority if needed for enforcement of this Section.
5    Upon the provision of information by the lessor pursuant to
6this subsection, the county or municipality may issue the
7violation to the lessee of the vehicle in the same manner as it
8would issue a violation to a registered owner of a vehicle
9pursuant to this Section, and the lessee may be held liable for
10the violation.
11(Source: P.A. 101-395, eff. 8-16-19.)
 
12    (625 ILCS 5/11-208.8)
13    Sec. 11-208.8. Automated speed enforcement systems in
14safety zones.
15    (a) As used in this Section:
16    "Automated speed enforcement system" means a photographic
17device, radar device, laser device, or other electrical or
18mechanical device or devices installed or utilized in a safety
19zone and designed to record the speed of a vehicle and obtain a
20clear photograph or other recorded image of the vehicle and the
21vehicle's registration plate or digital registration plate
22while the driver is violating Article VI of Chapter 11 of this
23Code or a similar provision of a local ordinance.
24    An automated speed enforcement system is a system, located
25in a safety zone which is under the jurisdiction of a

 

 

10100SB1968ham001- 220 -LRB101 08002 RLC 74920 a

1municipality, that produces a recorded image of a motor
2vehicle's violation of a provision of this Code or a local
3ordinance and is designed to obtain a clear recorded image of
4the vehicle and the vehicle's license plate. The recorded image
5must also display the time, date, and location of the
6violation.
7    "Owner" means the person or entity to whom the vehicle is
8registered.
9    "Recorded image" means images recorded by an automated
10speed enforcement system on:
11        (1) 2 or more photographs;
12        (2) 2 or more microphotographs;
13        (3) 2 or more electronic images; or
14        (4) a video recording showing the motor vehicle and, on
15    at least one image or portion of the recording, clearly
16    identifying the registration plate or digital registration
17    plate number of the motor vehicle.
18    "Safety zone" means an area that is within one-eighth of a
19mile from the nearest property line of any public or private
20elementary or secondary school, or from the nearest property
21line of any facility, area, or land owned by a school district
22that is used for educational purposes approved by the Illinois
23State Board of Education, not including school district
24headquarters or administrative buildings. A safety zone also
25includes an area that is within one-eighth of a mile from the
26nearest property line of any facility, area, or land owned by a

 

 

10100SB1968ham001- 221 -LRB101 08002 RLC 74920 a

1park district used for recreational purposes. However, if any
2portion of a roadway is within either one-eighth mile radius,
3the safety zone also shall include the roadway extended to the
4furthest portion of the next furthest intersection. The term
5"safety zone" does not include any portion of the roadway known
6as Lake Shore Drive or any controlled access highway with 8 or
7more lanes of traffic.
8    (a-5) The automated speed enforcement system shall be
9operational and violations shall be recorded only at the
10following times:
11        (i) if the safety zone is based upon the property line
12    of any facility, area, or land owned by a school district,
13    only on school days and no earlier than 6 a.m. and no later
14    than 8:30 p.m. if the school day is during the period of
15    Monday through Thursday, or 9 p.m. if the school day is a
16    Friday; and
17        (ii) if the safety zone is based upon the property line
18    of any facility, area, or land owned by a park district, no
19    earlier than one hour prior to the time that the facility,
20    area, or land is open to the public or other patrons, and
21    no later than one hour after the facility, area, or land is
22    closed to the public or other patrons.
23    (b) A municipality that produces a recorded image of a
24motor vehicle's violation of a provision of this Code or a
25local ordinance must make the recorded images of a violation
26accessible to the alleged violator by providing the alleged

 

 

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1violator with a website address, accessible through the
2Internet.
3    (c) Notwithstanding any penalties for any other violations
4of this Code, the owner of a motor vehicle used in a traffic
5violation recorded by an automated speed enforcement system
6shall be subject to the following penalties:
7        (1) if the recorded speed is no less than 6 miles per
8    hour and no more than 10 miles per hour over the legal
9    speed limit, a civil penalty not exceeding $50, plus an
10    additional penalty of not more than $50 for failure to pay
11    the original penalty in a timely manner; or
12        (2) if the recorded speed is more than 10 miles per
13    hour over the legal speed limit, a civil penalty not
14    exceeding $100, plus an additional penalty of not more than
15    $100 for failure to pay the original penalty in a timely
16    manner.
17    A penalty may not be imposed under this Section if the
18driver of the motor vehicle received a Uniform Traffic Citation
19from a police officer for a speeding violation occurring within
20one-eighth of a mile and 15 minutes of the violation that was
21recorded by the system. A violation for which a civil penalty
22is imposed under this Section is not a violation of a traffic
23regulation governing the movement of vehicles and may not be
24recorded on the driving record of the owner of the vehicle. A
25law enforcement officer is not required to be present or to
26witness the violation. No penalty may be imposed under this

 

 

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1Section if the recorded speed of a vehicle is 5 miles per hour
2or less over the legal speed limit. The municipality may send,
3in the same manner that notices are sent under this Section, a
4speed violation warning notice where the violation involves a
5speed of 5 miles per hour or less above the legal speed limit.
6    (d) The net proceeds that a municipality receives from
7civil penalties imposed under an automated speed enforcement
8system, after deducting all non-personnel and personnel costs
9associated with the operation and maintenance of such system,
10shall be expended or obligated by the municipality for the
11following purposes:
12        (i) public safety initiatives to ensure safe passage
13    around schools, and to provide police protection and
14    surveillance around schools and parks, including but not
15    limited to: (1) personnel costs; and (2) non-personnel
16    costs such as construction and maintenance of public safety
17    infrastructure and equipment;
18        (ii) initiatives to improve pedestrian and traffic
19    safety;
20        (iii) construction and maintenance of infrastructure
21    within the municipality, including but not limited to roads
22    and bridges; and
23        (iv) after school programs.
24    (e) For each violation of a provision of this Code or a
25local ordinance recorded by an automated speed enforcement
26system, the municipality having jurisdiction shall issue a

 

 

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1written notice of the violation to the registered owner of the
2vehicle as the alleged violator. The notice shall be delivered
3to the registered owner of the vehicle, by mail, within 30 days
4after the Secretary of State notifies the municipality of the
5identity of the owner of the vehicle, but in no event later
6than 90 days after the violation.
7    (f) The notice required under subsection (e) of this
8Section shall include:
9        (1) the name and address of the registered owner of the
10    vehicle;
11        (2) the registration number of the motor vehicle
12    involved in the violation;
13        (3) the violation charged;
14        (4) the date, time, and location where the violation
15    occurred;
16        (5) a copy of the recorded image or images;
17        (6) the amount of the civil penalty imposed and the
18    date by which the civil penalty should be paid;
19        (7) a statement that recorded images are evidence of a
20    violation of a speed restriction;
21        (8) a warning that failure to pay the civil penalty or
22    to contest liability in a timely manner is an admission of
23    liability and may result in a suspension of the driving
24    privileges of the registered owner of the vehicle;
25        (9) a statement that the person may elect to proceed
26    by:

 

 

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1            (A) paying the fine; or
2            (B) challenging the charge in court, by mail, or by
3        administrative hearing; and
4        (10) a website address, accessible through the
5    Internet, where the person may view the recorded images of
6    the violation.
7    (g) (Blank). If a person charged with a traffic violation,
8as a result of an automated speed enforcement system, does not
9pay the fine or successfully contest the civil penalty
10resulting from that violation, the Secretary of State shall
11suspend the driving privileges of the registered owner of the
12vehicle under Section 6-306.5 of this Code for failing to pay
13any fine or penalty due and owing, or both, as a result of a
14combination of 5 violations of the automated speed enforcement
15system or the automated traffic law under Section 11-208.6 of
16this Code.
17    (h) Based on inspection of recorded images produced by an
18automated speed enforcement system, a notice alleging that the
19violation occurred shall be evidence of the facts contained in
20the notice and admissible in any proceeding alleging a
21violation under this Section.
22    (i) Recorded images made by an automated speed enforcement
23system are confidential and shall be made available only to the
24alleged violator and governmental and law enforcement agencies
25for purposes of adjudicating a violation of this Section, for
26statistical purposes, or for other governmental purposes. Any

 

 

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1recorded image evidencing a violation of this Section, however,
2may be admissible in any proceeding resulting from the issuance
3of the citation.
4    (j) The court or hearing officer may consider in defense of
5a violation:
6        (1) that the motor vehicle or registration plates or
7    digital registration plates of the motor vehicle were
8    stolen before the violation occurred and not under the
9    control or in the possession of the owner at the time of
10    the violation;
11        (2) that the driver of the motor vehicle received a
12    Uniform Traffic Citation from a police officer for a
13    speeding violation occurring within one-eighth of a mile
14    and 15 minutes of the violation that was recorded by the
15    system; and
16        (3) any other evidence or issues provided by municipal
17    ordinance.
18    (k) To demonstrate that the motor vehicle or the
19registration plates or digital registration plates were stolen
20before the violation occurred and were not under the control or
21possession of the owner at the time of the violation, the owner
22must submit proof that a report concerning the stolen motor
23vehicle or registration plates was filed with a law enforcement
24agency in a timely manner.
25    (l) A roadway equipped with an automated speed enforcement
26system shall be posted with a sign conforming to the national

 

 

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1Manual on Uniform Traffic Control Devices that is visible to
2approaching traffic stating that vehicle speeds are being
3photo-enforced and indicating the speed limit. The
4municipality shall install such additional signage as it
5determines is necessary to give reasonable notice to drivers as
6to where automated speed enforcement systems are installed.
7    (m) A roadway where a new automated speed enforcement
8system is installed shall be posted with signs providing 30
9days notice of the use of a new automated speed enforcement
10system prior to the issuance of any citations through the
11automated speed enforcement system.
12    (n) The compensation paid for an automated speed
13enforcement system must be based on the value of the equipment
14or the services provided and may not be based on the number of
15traffic citations issued or the revenue generated by the
16system.
17    (o) (Blank). A municipality shall make a certified report
18to the Secretary of State pursuant to Section 6-306.5 of this
19Code whenever a registered owner of a vehicle has failed to pay
20any fine or penalty due and owing as a result of a combination
21of 5 offenses for automated speed or traffic law enforcement
22system violations.
23    (p) No person who is the lessor of a motor vehicle pursuant
24to a written lease agreement shall be liable for an automated
25speed or traffic law enforcement system violation involving
26such motor vehicle during the period of the lease; provided

 

 

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1that upon the request of the appropriate authority received
2within 120 days after the violation occurred, the lessor
3provides within 60 days after such receipt the name and address
4of the lessee. The drivers license number of a lessee may be
5subsequently individually requested by the appropriate
6authority if needed for enforcement of this Section.
7    Upon the provision of information by the lessor pursuant to
8this subsection, the municipality may issue the violation to
9the lessee of the vehicle in the same manner as it would issue
10a violation to a registered owner of a vehicle pursuant to this
11Section, and the lessee may be held liable for the violation.
12    (q) A municipality using an automated speed enforcement
13system must provide notice to drivers by publishing the
14locations of all safety zones where system equipment is
15installed on the website of the municipality.
16    (r) A municipality operating an automated speed
17enforcement system shall conduct a statistical analysis to
18assess the safety impact of the system. The statistical
19analysis shall be based upon the best available crash, traffic,
20and other data, and shall cover a period of time before and
21after installation of the system sufficient to provide a
22statistically valid comparison of safety impact. The
23statistical analysis shall be consistent with professional
24judgment and acceptable industry practice. The statistical
25analysis also shall be consistent with the data required for
26valid comparisons of before and after conditions and shall be

 

 

10100SB1968ham001- 229 -LRB101 08002 RLC 74920 a

1conducted within a reasonable period following the
2installation of the automated traffic law enforcement system.
3The statistical analysis required by this subsection shall be
4made available to the public and shall be published on the
5website of the municipality.
6    (s) This Section applies only to municipalities with a
7population of 1,000,000 or more inhabitants.
8(Source: P.A. 101-395, eff. 8-16-19.)
 
9    (625 ILCS 5/11-208.9)
10    Sec. 11-208.9. Automated traffic law enforcement system;
11approaching, overtaking, and passing a school bus.
12    (a) As used in this Section, "automated traffic law
13enforcement system" means a device with one or more motor
14vehicle sensors working in conjunction with the visual signals
15on a school bus, as specified in Sections 12-803 and 12-805 of
16this Code, to produce recorded images of motor vehicles that
17fail to stop before meeting or overtaking, from either
18direction, any school bus stopped at any location for the
19purpose of receiving or discharging pupils in violation of
20Section 11-1414 of this Code or a similar provision of a local
21ordinance.
22    An automated traffic law enforcement system is a system, in
23a municipality or county operated by a governmental agency,
24that produces a recorded image of a motor vehicle's violation
25of a provision of this Code or a local ordinance and is

 

 

10100SB1968ham001- 230 -LRB101 08002 RLC 74920 a

1designed to obtain a clear recorded image of the vehicle and
2the vehicle's license plate. The recorded image must also
3display the time, date, and location of the violation.
4    (b) As used in this Section, "recorded images" means images
5recorded by an automated traffic law enforcement system on:
6        (1) 2 or more photographs;
7        (2) 2 or more microphotographs;
8        (3) 2 or more electronic images; or
9        (4) a video recording showing the motor vehicle and, on
10    at least one image or portion of the recording, clearly
11    identifying the registration plate or digital registration
12    plate number of the motor vehicle.
13    (c) A municipality or county that produces a recorded image
14of a motor vehicle's violation of a provision of this Code or a
15local ordinance must make the recorded images of a violation
16accessible to the alleged violator by providing the alleged
17violator with a website address, accessible through the
18Internet.
19    (d) For each violation of a provision of this Code or a
20local ordinance recorded by an automated traffic law
21enforcement system, the county or municipality having
22jurisdiction shall issue a written notice of the violation to
23the registered owner of the vehicle as the alleged violator.
24The notice shall be delivered to the registered owner of the
25vehicle, by mail, within 30 days after the Secretary of State
26notifies the municipality or county of the identity of the

 

 

10100SB1968ham001- 231 -LRB101 08002 RLC 74920 a

1owner of the vehicle, but in no event later than 90 days after
2the violation.
3    (e) The notice required under subsection (d) shall include:
4        (1) the name and address of the registered owner of the
5    vehicle;
6        (2) the registration number of the motor vehicle
7    involved in the violation;
8        (3) the violation charged;
9        (4) the location where the violation occurred;
10        (5) the date and time of the violation;
11        (6) a copy of the recorded images;
12        (7) the amount of the civil penalty imposed and the
13    date by which the civil penalty should be paid;
14        (8) a statement that recorded images are evidence of a
15    violation of overtaking or passing a school bus stopped for
16    the purpose of receiving or discharging pupils;
17        (9) a warning that failure to pay the civil penalty or
18    to contest liability in a timely manner is an admission of
19    liability and may result in a suspension of the driving
20    privileges of the registered owner of the vehicle;
21        (10) a statement that the person may elect to proceed
22    by:
23            (A) paying the fine; or
24            (B) challenging the charge in court, by mail, or by
25        administrative hearing; and
26        (11) a website address, accessible through the

 

 

10100SB1968ham001- 232 -LRB101 08002 RLC 74920 a

1    Internet, where the person may view the recorded images of
2    the violation.
3    (f) (Blank). If a person charged with a traffic violation,
4as a result of an automated traffic law enforcement system
5under this Section, does not pay the fine or successfully
6contest the civil penalty resulting from that violation, the
7Secretary of State shall suspend the driving privileges of the
8registered owner of the vehicle under Section 6-306.5 of this
9Code for failing to pay any fine or penalty due and owing as a
10result of a combination of 5 violations of the automated
11traffic law enforcement system or the automated speed
12enforcement system under Section 11-208.8 of this Code.
13    (g) Based on inspection of recorded images produced by an
14automated traffic law enforcement system, a notice alleging
15that the violation occurred shall be evidence of the facts
16contained in the notice and admissible in any proceeding
17alleging a violation under this Section.
18    (h) Recorded images made by an automated traffic law
19enforcement system are confidential and shall be made available
20only to the alleged violator and governmental and law
21enforcement agencies for purposes of adjudicating a violation
22of this Section, for statistical purposes, or for other
23governmental purposes. Any recorded image evidencing a
24violation of this Section, however, may be admissible in any
25proceeding resulting from the issuance of the citation.
26    (i) The court or hearing officer may consider in defense of

 

 

10100SB1968ham001- 233 -LRB101 08002 RLC 74920 a

1a violation:
2        (1) that the motor vehicle or registration plates or
3    digital registration plates of the motor vehicle were
4    stolen before the violation occurred and not under the
5    control of or in the possession of the owner at the time of
6    the violation;
7        (2) that the driver of the motor vehicle received a
8    Uniform Traffic Citation from a police officer for a
9    violation of Section 11-1414 of this Code within one-eighth
10    of a mile and 15 minutes of the violation that was recorded
11    by the system;
12        (3) that the visual signals required by Sections 12-803
13    and 12-805 of this Code were damaged, not activated, not
14    present in violation of Sections 12-803 and 12-805, or
15    inoperable; and
16        (4) any other evidence or issues provided by municipal
17    or county ordinance.
18    (j) To demonstrate that the motor vehicle or the
19registration plates or digital registration plates were stolen
20before the violation occurred and were not under the control or
21possession of the owner at the time of the violation, the owner
22must submit proof that a report concerning the stolen motor
23vehicle or registration plates was filed with a law enforcement
24agency in a timely manner.
25    (k) Unless the driver of the motor vehicle received a
26Uniform Traffic Citation from a police officer at the time of

 

 

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1the violation, the motor vehicle owner is subject to a civil
2penalty not exceeding $150 for a first time violation or $500
3for a second or subsequent violation, plus an additional
4penalty of not more than $100 for failure to pay the original
5penalty in a timely manner, if the motor vehicle is recorded by
6an automated traffic law enforcement system. A violation for
7which a civil penalty is imposed under this Section is not a
8violation of a traffic regulation governing the movement of
9vehicles and may not be recorded on the driving record of the
10owner of the vehicle, but may be recorded by the municipality
11or county for the purpose of determining if a person is subject
12to the higher fine for a second or subsequent offense.
13    (l) A school bus equipped with an automated traffic law
14enforcement system must be posted with a sign indicating that
15the school bus is being monitored by an automated traffic law
16enforcement system.
17    (m) A municipality or county that has one or more school
18buses equipped with an automated traffic law enforcement system
19must provide notice to drivers by posting a list of school
20districts using school buses equipped with an automated traffic
21law enforcement system on the municipality or county website.
22School districts that have one or more school buses equipped
23with an automated traffic law enforcement system must provide
24notice to drivers by posting that information on their
25websites.
26    (n) A municipality or county operating an automated traffic

 

 

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1law enforcement system shall conduct a statistical analysis to
2assess the safety impact in each school district using school
3buses equipped with an automated traffic law enforcement system
4following installation of the system. The statistical analysis
5shall be based upon the best available crash, traffic, and
6other data, and shall cover a period of time before and after
7installation of the system sufficient to provide a
8statistically valid comparison of safety impact. The
9statistical analysis shall be consistent with professional
10judgment and acceptable industry practice. The statistical
11analysis also shall be consistent with the data required for
12valid comparisons of before and after conditions and shall be
13conducted within a reasonable period following the
14installation of the automated traffic law enforcement system.
15The statistical analysis required by this subsection shall be
16made available to the public and shall be published on the
17website of the municipality or county. If the statistical
18analysis for the 36-month period following installation of the
19system indicates that there has been an increase in the rate of
20accidents at the approach to school buses monitored by the
21system, the municipality or county shall undertake additional
22studies to determine the cause and severity of the accidents,
23and may take any action that it determines is necessary or
24appropriate to reduce the number or severity of the accidents
25involving school buses equipped with an automated traffic law
26enforcement system.

 

 

10100SB1968ham001- 236 -LRB101 08002 RLC 74920 a

1    (o) The compensation paid for an automated traffic law
2enforcement system must be based on the value of the equipment
3or the services provided and may not be based on the number of
4traffic citations issued or the revenue generated by the
5system.
6    (p) No person who is the lessor of a motor vehicle pursuant
7to a written lease agreement shall be liable for an automated
8speed or traffic law enforcement system violation involving
9such motor vehicle during the period of the lease; provided
10that upon the request of the appropriate authority received
11within 120 days after the violation occurred, the lessor
12provides within 60 days after such receipt the name and address
13of the lessee. The drivers license number of a lessee may be
14subsequently individually requested by the appropriate
15authority if needed for enforcement of this Section.
16    Upon the provision of information by the lessor pursuant to
17this subsection, the county or municipality may issue the
18violation to the lessee of the vehicle in the same manner as it
19would issue a violation to a registered owner of a vehicle
20pursuant to this Section, and the lessee may be held liable for
21the violation.
22    (q) (Blank). A municipality or county shall make a
23certified report to the Secretary of State pursuant to Section
246-306.5 of this Code whenever a registered owner of a vehicle
25has failed to pay any fine or penalty due and owing as a result
26of a combination of 5 offenses for automated traffic law or

 

 

10100SB1968ham001- 237 -LRB101 08002 RLC 74920 a

1speed enforcement system violations.
2    (r) After a municipality or county enacts an ordinance
3providing for automated traffic law enforcement systems under
4this Section, each school district within that municipality or
5county's jurisdiction may implement an automated traffic law
6enforcement system under this Section. The elected school board
7for that district must approve the implementation of an
8automated traffic law enforcement system. The school district
9shall be responsible for entering into a contract, approved by
10the elected school board of that district, with vendors for the
11installation, maintenance, and operation of the automated
12traffic law enforcement system. The school district must enter
13into an intergovernmental agreement, approved by the elected
14school board of that district, with the municipality or county
15with jurisdiction over that school district for the
16administration of the automated traffic law enforcement
17system. The proceeds from a school district's automated traffic
18law enforcement system's fines shall be divided equally between
19the school district and the municipality or county
20administering the automated traffic law enforcement system.
21(Source: P.A. 101-395, eff. 8-16-19.)
 
22    (625 ILCS 5/11-1201.1)
23    Sec. 11-1201.1. Automated Railroad Crossing Enforcement
24System.
25    (a) For the purposes of this Section, an automated railroad

 

 

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1grade crossing enforcement system is a system in a municipality
2or county operated by a governmental agency that produces a
3recorded image of a motor vehicle's violation of a provision of
4this Code or local ordinance and is designed to obtain a clear
5recorded image of the vehicle and vehicle's license plate. The
6recorded image must also display the time, date, and location
7of the violation.
8    As used in this Section, "recorded images" means images
9recorded by an automated railroad grade crossing enforcement
10system on:
11        (1) 2 or more photographs;
12        (2) 2 or more microphotographs;
13        (3) 2 or more electronic images; or
14        (4) a video recording showing the motor vehicle and, on
15    at least one image or portion of the recording, clearly
16    identifying the registration plate or digital registration
17    plate number of the motor vehicle.
18    (b) The Illinois Commerce Commission may, in cooperation
19with a local law enforcement agency, establish in any county or
20municipality an automated railroad grade crossing enforcement
21system at any railroad grade crossing equipped with a crossing
22gate designated by local authorities. Local authorities
23desiring the establishment of an automated railroad crossing
24enforcement system must initiate the process by enacting a
25local ordinance requesting the creation of such a system. After
26the ordinance has been enacted, and before any additional steps

 

 

10100SB1968ham001- 239 -LRB101 08002 RLC 74920 a

1toward the establishment of the system are undertaken, the
2local authorities and the Commission must agree to a plan for
3obtaining, from any combination of federal, State, and local
4funding sources, the moneys required for the purchase and
5installation of any necessary equipment.
6    (b-1) (Blank.)
7    (c) For each violation of Section 11-1201 of this Code or a
8local ordinance recorded by an automated railroad grade
9crossing enforcement system, the county or municipality having
10jurisdiction shall issue a written notice of the violation to
11the registered owner of the vehicle as the alleged violator.
12The notice shall be delivered to the registered owner of the
13vehicle, by mail, no later than 90 days after the violation.
14    The notice shall include:
15        (1) the name and address of the registered owner of the
16    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 a railroad grade crossing;

 

 

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1        (9) a warning that failure to pay the civil penalty or
2    to contest liability in a timely manner is an admission of
3    liability and may result in a suspension of the driving
4    privileges of the registered owner of the vehicle; and
5        (10) a statement that the person may elect to proceed
6    by:
7            (A) paying the fine; or
8            (B) challenging the charge in court, by mail, or by
9        administrative hearing.
10    (d) (Blank). If a person charged with a traffic violation,
11as a result of an automated railroad grade crossing enforcement
12system, does not pay or successfully contest the civil penalty
13resulting from that violation, the Secretary of State shall
14suspend the driving privileges of the registered owner of the
15vehicle under Section 6-306.5 of this Code for failing to pay
16any fine or penalty due and owing as a result of 5 violations
17of the automated railroad grade crossing enforcement system.
18    (d-1) (Blank.)
19    (d-2) (Blank.)
20    (e) Based on inspection of recorded images produced by an
21automated railroad grade crossing enforcement system, a notice
22alleging that the violation occurred shall be evidence of the
23facts contained in the notice and admissible in any proceeding
24alleging a violation under this Section.
25    (e-1) Recorded images made by an automated railroad grade
26crossing enforcement system are confidential and shall be made

 

 

10100SB1968ham001- 241 -LRB101 08002 RLC 74920 a

1available only to the alleged violator and governmental and law
2enforcement agencies for purposes of adjudicating a violation
3of this Section, for statistical purposes, or for other
4governmental purposes. Any recorded image evidencing a
5violation of this Section, however, may be admissible in any
6proceeding resulting from the issuance of the citation.
7    (e-2) The court or hearing officer may consider the
8following in the defense of a violation:
9        (1) that the motor vehicle or registration plates or
10    digital registration plates of the motor vehicle were
11    stolen before the violation occurred and not under the
12    control of or in the possession of the owner at the time of
13    the violation;
14        (2) that the driver of the motor vehicle received a
15    Uniform Traffic Citation from a police officer at the time
16    of the violation for the same offense;
17        (3) any other evidence or issues provided by municipal
18    or county ordinance.
19    (e-3) To demonstrate that the motor vehicle or the
20registration plates or digital registration plates were stolen
21before the violation occurred and were not under the control or
22possession of the owner at the time of the violation, the owner
23must submit proof that a report concerning the stolen motor
24vehicle or registration plates was filed with a law enforcement
25agency in a timely manner.
26    (f) Rail crossings equipped with an automatic railroad

 

 

10100SB1968ham001- 242 -LRB101 08002 RLC 74920 a

1grade crossing enforcement system shall be posted with a sign
2visible to approaching traffic stating that the railroad grade
3crossing is being monitored, that citations will be issued, and
4the amount of the fine for violation.
5    (g) The compensation paid for an automated railroad grade
6crossing enforcement system must be based on the value of the
7equipment or the services provided and may not be based on the
8number of citations issued or the revenue generated by the
9system.
10    (h) (Blank.)
11    (i) If any part or parts of this Section are held by a
12court of competent jurisdiction to be unconstitutional, the
13unconstitutionality shall not affect the validity of the
14remaining parts of this Section. The General Assembly hereby
15declares that it would have passed the remaining parts of this
16Section if it had known that the other part or parts of this
17Section would be declared unconstitutional.
18    (j) Penalty. A civil fine of $250 shall be imposed for a
19first violation of this Section, and a civil fine of $500 shall
20be imposed for a second or subsequent violation of this
21Section.
22(Source: P.A. 101-395, eff. 8-16-19.)
 
23    (625 ILCS 5/4-214.1 rep.)
24    (625 ILCS 5/6-306.5 rep.)
25    (625 ILCS 5/6-306.6 rep.)

 

 

10100SB1968ham001- 243 -LRB101 08002 RLC 74920 a

1    Section 10-193. The Illinois Vehicle Code is amended by
2repealing Sections 4-214.1, 6-306.5, and 6-306.6.
 
3    Section 10-195. The Snowmobile Registration and Safety Act
4is amended by changing Section 5-7 as follows:
 
5    (625 ILCS 40/5-7)
6    Sec. 5-7. Operating a snowmobile while under the influence
7of alcohol or other drug or drugs, intoxicating compound or
8compounds, or a combination of them; criminal penalties;
9suspension of operating privileges.
10    (a) A person may not operate or be in actual physical
11control of a snowmobile within this State while:
12        1. The alcohol concentration in that person's blood,
13    other bodily substance, or breath is a concentration at
14    which driving a motor vehicle is prohibited under
15    subdivision (1) of subsection (a) of Section 11-501 of the
16    Illinois Vehicle Code;
17        2. The person is under the influence of alcohol;
18        3. The person is under the influence of any other drug
19    or combination of drugs to a degree that renders that
20    person incapable of safely operating a snowmobile;
21        3.1. The person is under the influence of any
22    intoxicating compound or combination of intoxicating
23    compounds to a degree that renders the person incapable of
24    safely operating a snowmobile;

 

 

10100SB1968ham001- 244 -LRB101 08002 RLC 74920 a

1        4. The person is under the combined influence of
2    alcohol and any other drug or drugs or intoxicating
3    compound or compounds to a degree that renders that person
4    incapable of safely operating a snowmobile;
5        4.3. The person who is not a CDL holder has a
6    tetrahydrocannabinol concentration in the person's whole
7    blood or other bodily substance at which driving a motor
8    vehicle is prohibited under subdivision (7) of subsection
9    (a) of Section 11-501 of the Illinois Vehicle Code;
10        4.5. The person who is a CDL holder has any amount of a
11    drug, substance, or compound in the person's breath, blood,
12    other bodily substance, or urine resulting from the
13    unlawful use or consumption of cannabis listed in the
14    Cannabis Control Act; or
15        5. There is any amount of a drug, substance, or
16    compound in that person's breath, blood, other bodily
17    substance, or urine resulting from the unlawful use or
18    consumption of a controlled substance listed in the
19    Illinois Controlled Substances Act, methamphetamine as
20    listed in the Methamphetamine Control and Community
21    Protection Act, or intoxicating compound listed in the use
22    of Intoxicating Compounds Act.
23    (b) The fact that a person charged with violating this
24Section is or has been legally entitled to use alcohol, other
25drug or drugs, any intoxicating compound or compounds, or any
26combination of them does not constitute a defense against a

 

 

10100SB1968ham001- 245 -LRB101 08002 RLC 74920 a

1charge of violating this Section.
2    (c) Every person convicted of violating this Section or a
3similar provision of a local ordinance is guilty of a Class A
4misdemeanor, except as otherwise provided in this Section.
5    (c-1) As used in this Section, "first time offender" means
6any person who has not had a previous conviction or been
7assigned supervision for violating this Section or a similar
8provision of a local ordinance, or any person who has not had a
9suspension imposed under subsection (e) of Section 5-7.1.
10    (c-2) For purposes of this Section, the following are
11equivalent to a conviction:
12        (1) a violation of the terms of pretrial release when
13    the court has not relieved the defendant of complying with
14    the terms of pretrial release forfeiture of bail or
15    collateral deposited to secure a defendant's appearance in
16    court when forfeiture has not been vacated; or
17        (2) the failure of a defendant to appear for trial.
18    (d) Every person convicted of violating this Section is
19guilty of a Class 4 felony if:
20        1. The person has a previous conviction under this
21    Section;
22        2. The offense results in personal injury where a
23    person other than the operator suffers great bodily harm or
24    permanent disability or disfigurement, when the violation
25    was a proximate cause of the injuries. A person guilty of a
26    Class 4 felony under this paragraph 2, if sentenced to a

 

 

10100SB1968ham001- 246 -LRB101 08002 RLC 74920 a

1    term of imprisonment, shall be sentenced to not less than
2    one year nor more than 12 years; or
3        3. The offense occurred during a period in which the
4    person's privileges to operate a snowmobile are revoked or
5    suspended, and the revocation or suspension was for a
6    violation of this Section or was imposed under Section
7    5-7.1.
8    (e) Every person convicted of violating this Section is
9guilty of a Class 2 felony if the offense results in the death
10of a person. A person guilty of a Class 2 felony under this
11subsection (e), if sentenced to a term of imprisonment, shall
12be sentenced to a term of not less than 3 years and not more
13than 14 years.
14    (e-1) Every person convicted of violating this Section or a
15similar provision of a local ordinance who had a child under
16the age of 16 on board the snowmobile at the time of offense
17shall be subject to a mandatory minimum fine of $500 and shall
18be subject to a mandatory minimum of 5 days of community
19service in a program benefiting children. The assignment under
20this subsection shall not be subject to suspension nor shall
21the person be eligible for probation in order to reduce the
22assignment.
23    (e-2) Every person found guilty of violating this Section,
24whose operation of a snowmobile while in violation of this
25Section proximately caused any incident resulting in an
26appropriate emergency response, shall be liable for the expense

 

 

10100SB1968ham001- 247 -LRB101 08002 RLC 74920 a

1of an emergency response as provided in subsection (i) of
2Section 11-501.01 of the Illinois Vehicle Code.
3    (e-3) In addition to any other penalties and liabilities, a
4person who is found guilty of violating this Section, including
5any person placed on court supervision, shall be fined $100,
6payable to the circuit clerk, who shall distribute the money to
7the law enforcement agency that made the arrest. In the event
8that more than one agency is responsible for the arrest, the
9$100 shall be shared equally. Any moneys received by a law
10enforcement agency under this subsection (e-3) shall be used to
11purchase law enforcement equipment or to provide law
12enforcement training that will assist in the prevention of
13alcohol related criminal violence throughout the State. Law
14enforcement equipment shall include, but is not limited to,
15in-car video cameras, radar and laser speed detection devices,
16and alcohol breath testers.
17    (f) In addition to any criminal penalties imposed, the
18Department of Natural Resources shall suspend the snowmobile
19operation privileges of a person convicted or found guilty of a
20misdemeanor under this Section for a period of one year, except
21that first-time offenders are exempt from this mandatory one
22year suspension.
23    (g) In addition to any criminal penalties imposed, the
24Department of Natural Resources shall suspend for a period of 5
25years the snowmobile operation privileges of any person
26convicted or found guilty of a felony under this Section.

 

 

10100SB1968ham001- 248 -LRB101 08002 RLC 74920 a

1(Source: P.A. 99-697, eff. 7-29-16; 100-201, eff. 8-18-17.)
 
2    Section 10-200. The Clerks of Courts Act is amended by
3changing Section 27.3b as follows:
 
4    (705 ILCS 105/27.3b)  (from Ch. 25, par. 27.3b)
5    Sec. 27.3b. The clerk of court may accept payment of fines,
6penalties, or costs by credit card or debit card approved by
7the clerk from an offender who has been convicted of or placed
8on court supervision for a traffic offense, petty offense,
9ordinance offense, or misdemeanor or who has been convicted of
10a felony offense. The clerk of the circuit court may accept
11credit card payments over the Internet for fines, penalties, or
12costs from offenders on voluntary electronic pleas of guilty in
13minor traffic and conservation offenses to satisfy the
14requirement of written pleas of guilty as provided in Illinois
15Supreme Court Rule 529. The clerk of the court may also accept
16payment of statutory fees by a credit card or debit card. The
17clerk of the court may also accept the credit card or debit
18card for the cash deposit of bail bond fees.
19    The Clerk of the circuit court is authorized to enter into
20contracts with credit card or debit card companies approved by
21the clerk and to negotiate the payment of convenience and
22administrative fees normally charged by those companies for
23allowing the clerk of the circuit court to accept their credit
24cards or debit cards in payment as authorized herein. The clerk

 

 

10100SB1968ham001- 249 -LRB101 08002 RLC 74920 a

1of the circuit court is authorized to enter into contracts with
2third party fund guarantors, facilitators, and service
3providers under which those entities may contract directly with
4customers of the clerk of the circuit court and guarantee and
5remit the payments to the clerk of the circuit court. Where the
6offender pays fines, penalties, or costs by credit card or
7debit card or through a third party fund guarantor,
8facilitator, or service provider, or anyone paying statutory
9fees of the circuit court clerk or the posting of cash bail,
10the clerk shall collect a service fee of up to $5 or the amount
11charged to the clerk for use of its services by the credit card
12or debit card issuer, third party fund guarantor, facilitator,
13or service provider. This service fee shall be in addition to
14any other fines, penalties, or costs. The clerk of the circuit
15court is authorized to negotiate the assessment of convenience
16and administrative fees by the third party fund guarantors,
17facilitators, and service providers with the revenue earned by
18the clerk of the circuit court to be remitted to the county
19general revenue fund.
20(Source: P.A. 95-331, eff. 8-21-07.)
 
21    Section 10-205. The Attorney Act is amended by changing
22Section 9 as follows:
 
23    (705 ILCS 205/9)  (from Ch. 13, par. 9)
24    Sec. 9. All attorneys and counselors at law, judges, clerks

 

 

10100SB1968ham001- 250 -LRB101 08002 RLC 74920 a

1and sheriffs, and all other officers of the several courts
2within this state, shall be liable to be arrested and held to
3terms of pretrial release bail, and shall be subject to the
4same legal process, and may in all respects be prosecuted and
5proceeded against in the same courts and in the same manner as
6other persons are, any law, usage or custom to the contrary
7notwithstanding: Provided, nevertheless, said judges,
8counselors or attorneys, clerks, sheriffs and other officers of
9said courts, shall be privileged from arrest while attending
10courts, and whilst going to and returning from court.
11(Source: R.S. 1874, p. 169.)
 
12    Section 10-210. The Juvenile Court Act of 1987 is amended
13by changing Sections 1-7, 1-8, and 5-150 as follows:
 
14    (705 ILCS 405/1-7)  (from Ch. 37, par. 801-7)
15    Sec. 1-7. Confidentiality of juvenile law enforcement and
16municipal ordinance violation records.
17    (A) All juvenile law enforcement records which have not
18been expunged are confidential and may never be disclosed to
19the general public or otherwise made widely available. Juvenile
20law enforcement records may be obtained only under this Section
21and Section 1-8 and Part 9 of Article V of this Act, when their
22use is needed for good cause and with an order from the
23juvenile court, as required by those not authorized to retain
24them. Inspection, copying, and disclosure of juvenile law

 

 

10100SB1968ham001- 251 -LRB101 08002 RLC 74920 a

1enforcement records maintained by law enforcement agencies or
2records of municipal ordinance violations maintained by any
3State, local, or municipal agency that relate to a minor who
4has been investigated, arrested, or taken into custody before
5his or her 18th birthday shall be restricted to the following:
6        (0.05) The minor who is the subject of the juvenile law
7    enforcement record, his or her parents, guardian, and
8    counsel.
9        (0.10) Judges of the circuit court and members of the
10    staff of the court designated by the judge.
11        (0.15) An administrative adjudication hearing officer
12    or members of the staff designated to assist in the
13    administrative adjudication process.
14        (1) Any local, State, or federal law enforcement
15    officers or designated law enforcement staff of any
16    jurisdiction or agency when necessary for the discharge of
17    their official duties during the investigation or
18    prosecution of a crime or relating to a minor who has been
19    adjudicated delinquent and there has been a previous
20    finding that the act which constitutes the previous offense
21    was committed in furtherance of criminal activities by a
22    criminal street gang, or, when necessary for the discharge
23    of its official duties in connection with a particular
24    investigation of the conduct of a law enforcement officer,
25    an independent agency or its staff created by ordinance and
26    charged by a unit of local government with the duty of

 

 

10100SB1968ham001- 252 -LRB101 08002 RLC 74920 a

1    investigating the conduct of law enforcement officers. For
2    purposes of this Section, "criminal street gang" has the
3    meaning ascribed to it in Section 10 of the Illinois
4    Streetgang Terrorism Omnibus Prevention Act.
5        (2) Prosecutors, public defenders, probation officers,
6    social workers, or other individuals assigned by the court
7    to conduct a pre-adjudication or pre-disposition
8    investigation, and individuals responsible for supervising
9    or providing temporary or permanent care and custody for
10    minors under the order of the juvenile court, when
11    essential to performing their responsibilities.
12        (3) Federal, State, or local prosecutors, public
13    defenders, probation officers, and designated staff:
14            (a) in the course of a trial when institution of
15        criminal proceedings has been permitted or required
16        under Section 5-805;
17            (b) when institution of criminal proceedings has
18        been permitted or required under Section 5-805 and the
19        minor is the subject of a proceeding to determine the
20        conditions of pretrial release amount of bail;
21            (c) when criminal proceedings have been permitted
22        or required under Section 5-805 and the minor is the
23        subject of a pre-trial investigation, pre-sentence
24        investigation, fitness hearing, or proceedings on an
25        application for probation; or
26            (d) in the course of prosecution or administrative

 

 

10100SB1968ham001- 253 -LRB101 08002 RLC 74920 a

1        adjudication of a violation of a traffic, boating, or
2        fish and game law, or a county or municipal ordinance.
3        (4) Adult and Juvenile Prisoner Review Board.
4        (5) Authorized military personnel.
5        (5.5) Employees of the federal government authorized
6    by law.
7        (6) Persons engaged in bona fide research, with the
8    permission of the Presiding Judge and the chief executive
9    of the respective law enforcement agency; provided that
10    publication of such research results in no disclosure of a
11    minor's identity and protects the confidentiality of the
12    minor's record.
13        (7) Department of Children and Family Services child
14    protection investigators acting in their official
15    capacity.
16        (8) The appropriate school official only if the agency
17    or officer believes that there is an imminent threat of
18    physical harm to students, school personnel, or others who
19    are present in the school or on school grounds.
20            (A) Inspection and copying shall be limited to
21        juvenile law enforcement records transmitted to the
22        appropriate school official or officials whom the
23        school has determined to have a legitimate educational
24        or safety interest by a local law enforcement agency
25        under a reciprocal reporting system established and
26        maintained between the school district and the local

 

 

10100SB1968ham001- 254 -LRB101 08002 RLC 74920 a

1        law enforcement agency under Section 10-20.14 of the
2        School Code concerning a minor enrolled in a school
3        within the school district who has been arrested or
4        taken into custody for any of the following offenses:
5                (i) any violation of Article 24 of the Criminal
6            Code of 1961 or the Criminal Code of 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 2012.
22            The information derived from the juvenile law
23        enforcement records shall be kept separate from and
24        shall not become a part of the official school record
25        of that child and shall not be a public record. The
26        information shall be used solely by the appropriate

 

 

10100SB1968ham001- 255 -LRB101 08002 RLC 74920 a

1        school official or officials whom the school has
2        determined to have a legitimate educational or safety
3        interest to aid in the proper rehabilitation of the
4        child and to protect the safety of students and
5        employees in the school. If the designated law
6        enforcement and school officials deem it to be in the
7        best interest of the minor, the student may be referred
8        to in-school or community-based social services if
9        those services are available. "Rehabilitation
10        services" may include interventions by school support
11        personnel, evaluation for eligibility for special
12        education, referrals to community-based agencies such
13        as youth services, behavioral healthcare service
14        providers, drug and alcohol prevention or treatment
15        programs, and other interventions as deemed
16        appropriate for the student.
17            (B) Any information provided to appropriate school
18        officials whom the school has determined to have a
19        legitimate educational or safety interest by local law
20        enforcement officials about a minor who is the subject
21        of a current police investigation that is directly
22        related to school safety shall consist of oral
23        information only, and not written juvenile law
24        enforcement records, and shall be used solely by the
25        appropriate school official or officials to protect
26        the safety of students and employees in the school and

 

 

10100SB1968ham001- 256 -LRB101 08002 RLC 74920 a

1        aid in the proper rehabilitation of the child. The
2        information derived orally from the local law
3        enforcement officials shall be kept separate from and
4        shall not become a part of the official school record
5        of the child and shall not be a public record. This
6        limitation on the use of information about a minor who
7        is the subject of a current police investigation shall
8        in no way limit the use of this information by
9        prosecutors in pursuing criminal charges arising out
10        of the information disclosed during a police
11        investigation of the minor. For purposes of this
12        paragraph, "investigation" means an official
13        systematic inquiry by a law enforcement agency into
14        actual or suspected criminal activity.
15        (9) Mental health professionals on behalf of the
16    Department of Corrections or the Department of Human
17    Services or prosecutors who are evaluating, prosecuting,
18    or investigating a potential or actual petition brought
19    under the Sexually Violent Persons Commitment Act relating
20    to a person who is the subject of juvenile law enforcement
21    records or the respondent to a petition brought under the
22    Sexually Violent Persons Commitment Act who is the subject
23    of the juvenile law enforcement records sought. Any
24    juvenile law enforcement records and any information
25    obtained from those juvenile law enforcement records under
26    this paragraph (9) may be used only in sexually violent

 

 

10100SB1968ham001- 257 -LRB101 08002 RLC 74920 a

1    persons commitment proceedings.
2        (10) The president of a park district. Inspection and
3    copying shall be limited to juvenile law enforcement
4    records transmitted to the president of the park district
5    by the Department of State Police under Section 8-23 of the
6    Park District Code or Section 16a-5 of the Chicago Park
7    District Act concerning a person who is seeking employment
8    with that park district and who has been adjudicated a
9    juvenile delinquent for any of the offenses listed in
10    subsection (c) of Section 8-23 of the Park District Code or
11    subsection (c) of Section 16a-5 of the Chicago Park
12    District Act.
13        (11) Persons managing and designated to participate in
14    a court diversion program as designated in subsection (6)
15    of Section 5-105.
16        (12) The Public Access Counselor of the Office of the
17    Attorney General, when reviewing juvenile law enforcement
18    records under its powers and duties under the Freedom of
19    Information Act.
20        (13) Collection agencies, contracted or otherwise
21    engaged by a governmental entity, to collect any debts due
22    and owing to the governmental entity.
23    (B)(1) Except as provided in paragraph (2), no law
24enforcement officer or other person or agency may knowingly
25transmit to the Department of Corrections, Department of State
26Police, or to the Federal Bureau of Investigation any

 

 

10100SB1968ham001- 258 -LRB101 08002 RLC 74920 a

1fingerprint or photograph relating to a minor who has been
2arrested or taken into custody before his or her 18th birthday,
3unless the court in proceedings under this Act authorizes the
4transmission or enters an order under Section 5-805 permitting
5or requiring the institution of criminal proceedings.
6    (2) Law enforcement officers or other persons or agencies
7shall transmit to the Department of State Police copies of
8fingerprints and descriptions of all minors who have been
9arrested or taken into custody before their 18th birthday for
10the offense of unlawful use of weapons under Article 24 of the
11Criminal Code of 1961 or the Criminal Code of 2012, a Class X
12or Class 1 felony, a forcible felony as defined in Section 2-8
13of the Criminal Code of 1961 or the Criminal Code of 2012, or a
14Class 2 or greater felony under the Cannabis Control Act, the
15Illinois Controlled Substances Act, the Methamphetamine
16Control and Community Protection Act, or Chapter 4 of the
17Illinois Vehicle Code, pursuant to Section 5 of the Criminal
18Identification Act. Information reported to the Department
19pursuant to this Section may be maintained with records that
20the Department files pursuant to Section 2.1 of the Criminal
21Identification Act. Nothing in this Act prohibits a law
22enforcement agency from fingerprinting a minor taken into
23custody or arrested before his or her 18th birthday for an
24offense other than those listed in this paragraph (2).
25    (C) The records of law enforcement officers, or of an
26independent agency created by ordinance and charged by a unit

 

 

10100SB1968ham001- 259 -LRB101 08002 RLC 74920 a

1of local government with the duty of investigating the conduct
2of law enforcement officers, concerning all minors under 18
3years of age must be maintained separate from the records of
4arrests and may not be open to public inspection or their
5contents disclosed to the public. For purposes of obtaining
6documents under this Section, a civil subpoena is not an order
7of the court.
8        (1) In cases where the law enforcement, or independent
9    agency, records concern a pending juvenile court case, the
10    party seeking to inspect the records shall provide actual
11    notice to the attorney or guardian ad litem of the minor
12    whose records are sought.
13        (2) In cases where the records concern a juvenile court
14    case that is no longer pending, the party seeking to
15    inspect the records shall provide actual notice to the
16    minor or the minor's parent or legal guardian, and the
17    matter shall be referred to the chief judge presiding over
18    matters pursuant to this Act.
19        (3) In determining whether the records should be
20    available for inspection, the court shall consider the
21    minor's interest in confidentiality and rehabilitation
22    over the moving party's interest in obtaining the
23    information. Any records obtained in violation of this
24    subsection (C) shall not be admissible in any criminal or
25    civil proceeding, or operate to disqualify a minor from
26    subsequently holding public office or securing employment,

 

 

10100SB1968ham001- 260 -LRB101 08002 RLC 74920 a

1    or operate as a forfeiture of any public benefit, right,
2    privilege, or right to receive any license granted by
3    public authority.
4    (D) Nothing contained in subsection (C) of this Section
5shall prohibit the inspection or disclosure to victims and
6witnesses of photographs contained in the records of law
7enforcement agencies when the inspection and disclosure is
8conducted in the presence of a law enforcement officer for the
9purpose of the identification or apprehension of any person
10subject to the provisions of this Act or for the investigation
11or prosecution of any crime.
12    (E) Law enforcement officers, and personnel of an
13independent agency created by ordinance and charged by a unit
14of local government with the duty of investigating the conduct
15of law enforcement officers, may not disclose the identity of
16any minor in releasing information to the general public as to
17the arrest, investigation or disposition of any case involving
18a minor.
19    (F) Nothing contained in this Section shall prohibit law
20enforcement agencies from communicating with each other by
21letter, memorandum, teletype, or intelligence alert bulletin
22or other means the identity or other relevant information
23pertaining to a person under 18 years of age if there are
24reasonable grounds to believe that the person poses a real and
25present danger to the safety of the public or law enforcement
26officers. The information provided under this subsection (F)

 

 

10100SB1968ham001- 261 -LRB101 08002 RLC 74920 a

1shall remain confidential and shall not be publicly disclosed,
2except as otherwise allowed by law.
3    (G) Nothing in this Section shall prohibit the right of a
4Civil Service Commission or appointing authority of any federal
5government, state, county or municipality examining the
6character and fitness of an applicant for employment with a law
7enforcement agency, correctional institution, or fire
8department from obtaining and examining the records of any law
9enforcement agency relating to any record of the applicant
10having been arrested or taken into custody before the
11applicant's 18th birthday.
12    (G-5) Information identifying victims and alleged victims
13of sex offenses shall not be disclosed or open to the public
14under any circumstances. Nothing in this Section shall prohibit
15the victim or alleged victim of any sex offense from
16voluntarily disclosing his or her own identity.
17    (H) The changes made to this Section by Public Act 98-61
18apply to law enforcement records of a minor who has been
19arrested or taken into custody on or after January 1, 2014 (the
20effective date of Public Act 98-61).
21    (H-5) Nothing in this Section shall require any court or
22adjudicative proceeding for traffic, boating, fish and game
23law, or municipal and county ordinance violations to be closed
24to the public.
25    (I) Willful violation of this Section is a Class C
26misdemeanor and each violation is subject to a fine of $1,000.

 

 

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1This subsection (I) shall not apply to the person who is the
2subject of the record.
3    (J) A person convicted of violating this Section is liable
4for damages in the amount of $1,000 or actual damages,
5whichever is greater.
6(Source: P.A. 99-298, eff. 8-6-15; 100-285, eff. 1-1-18;
7100-720, eff. 8-3-18; 100-863, eff. 8-14-18; 100-1162, eff.
812-20-18.)
 
9    (705 ILCS 405/1-8)  (from Ch. 37, par. 801-8)
10    Sec. 1-8. Confidentiality and accessibility of juvenile
11court records.
12    (A) A juvenile adjudication shall never be considered a
13conviction nor shall an adjudicated individual be considered a
14criminal. Unless expressly allowed by law, a juvenile
15adjudication shall not operate to impose upon the individual
16any of the civil disabilities ordinarily imposed by or
17resulting from conviction. Unless expressly allowed by law,
18adjudications shall not prejudice or disqualify the individual
19in any civil service application or appointment, from holding
20public office, or from receiving any license granted by public
21authority. All juvenile court records which have not been
22expunged are sealed and may never be disclosed to the general
23public or otherwise made widely available. Sealed juvenile
24court records may be obtained only under this Section and
25Section 1-7 and Part 9 of Article V of this Act, when their use

 

 

10100SB1968ham001- 263 -LRB101 08002 RLC 74920 a

1is needed for good cause and with an order from the juvenile
2court. Inspection and copying of juvenile court records
3relating to a minor who is the subject of a proceeding under
4this Act shall be restricted to the following:
5        (1) The minor who is the subject of record, his or her
6    parents, guardian, and counsel.
7        (2) Law enforcement officers and law enforcement
8    agencies when such information is essential to executing an
9    arrest or search warrant or other compulsory process, or to
10    conducting an ongoing investigation or relating to a minor
11    who has been adjudicated delinquent and there has been a
12    previous finding that the act which constitutes the
13    previous offense was committed in furtherance of criminal
14    activities by a criminal street gang.
15        Before July 1, 1994, for the purposes of this Section,
16    "criminal street gang" means any ongoing organization,
17    association, or group of 3 or more persons, whether formal
18    or informal, having as one of its primary activities the
19    commission of one or more criminal acts and that has a
20    common name or common identifying sign, symbol or specific
21    color apparel displayed, and whose members individually or
22    collectively engage in or have engaged in a pattern of
23    criminal activity.
24        Beginning July 1, 1994, for purposes of this Section,
25    "criminal street gang" has the meaning ascribed to it in
26    Section 10 of the Illinois Streetgang Terrorism Omnibus

 

 

10100SB1968ham001- 264 -LRB101 08002 RLC 74920 a

1    Prevention Act.
2        (3) Judges, hearing officers, prosecutors, public
3    defenders, probation officers, social workers, or other
4    individuals assigned by the court to conduct a
5    pre-adjudication or pre-disposition investigation, and
6    individuals responsible for supervising or providing
7    temporary or permanent care and custody for minors under
8    the order of the juvenile court when essential to
9    performing their responsibilities.
10        (4) Judges, federal, State, and local prosecutors,
11    public defenders, probation officers, and designated
12    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 criminal proceedings have been permitted
17        or required under Section 5-805 and a minor is the
18        subject of a proceeding to determine the conditions of
19        pretrial release amount of bail;
20            (c) when criminal proceedings have been permitted
21        or required under Section 5-805 and a minor is the
22        subject of a pre-trial investigation, pre-sentence
23        investigation or fitness hearing, or proceedings on an
24        application for probation; or
25            (d) when a minor becomes 18 years of age or older,
26        and is the subject of criminal proceedings, including a

 

 

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1        hearing to determine the conditions of pretrial
2        release amount of bail, a pre-trial investigation, a
3        pre-sentence investigation, a fitness hearing, or
4        proceedings on an application for probation.
5        (5) Adult and Juvenile Prisoner Review Boards.
6        (6) Authorized military personnel.
7        (6.5) Employees of the federal government authorized
8    by law.
9        (7) Victims, their subrogees and legal
10    representatives; however, such persons shall have access
11    only to the name and address of the minor and information
12    pertaining to the disposition or alternative adjustment
13    plan of the juvenile court.
14        (8) Persons engaged in bona fide research, with the
15    permission of the presiding judge of the juvenile court and
16    the chief executive of the agency that prepared the
17    particular records; provided that publication of such
18    research results in no disclosure of a minor's identity and
19    protects the confidentiality of the record.
20        (9) The Secretary of State to whom the Clerk of the
21    Court shall report the disposition of all cases, as
22    required in Section 6-204 of the Illinois Vehicle Code.
23    However, information reported relative to these offenses
24    shall be privileged and available only to the Secretary of
25    State, courts, and police officers.
26        (10) The administrator of a bonafide substance abuse

 

 

10100SB1968ham001- 266 -LRB101 08002 RLC 74920 a

1    student assistance program with the permission of the
2    presiding judge of the juvenile court.
3        (11) Mental health professionals on behalf of the
4    Department of Corrections or the Department of Human
5    Services or prosecutors who are evaluating, prosecuting,
6    or investigating a potential or actual petition brought
7    under the Sexually Violent Persons Commitment Act relating
8    to a person who is the subject of juvenile court records or
9    the respondent to a petition brought under the Sexually
10    Violent Persons Commitment Act, who is the subject of
11    juvenile court records sought. Any records and any
12    information obtained from those records under this
13    paragraph (11) may be used only in sexually violent persons
14    commitment proceedings.
15        (12) Collection agencies, contracted or otherwise
16    engaged by a governmental entity, to collect any debts due
17    and owing to the governmental entity.
18    (A-1) Findings and exclusions of paternity entered in
19proceedings occurring under Article II of this Act shall be
20disclosed, in a manner and form approved by the Presiding Judge
21of the Juvenile Court, to the Department of Healthcare and
22Family Services when necessary to discharge the duties of the
23Department of Healthcare and Family Services under Article X of
24the Illinois Public Aid Code.
25    (B) A minor who is the victim in a juvenile proceeding
26shall be provided the same confidentiality regarding

 

 

10100SB1968ham001- 267 -LRB101 08002 RLC 74920 a

1disclosure of identity as the minor who is the subject of
2record.
3    (C)(0.1) In cases where the records concern a pending
4juvenile court case, the requesting party seeking to inspect
5the juvenile court records shall provide actual notice to the
6attorney or guardian ad litem of the minor whose records are
7sought.
8    (0.2) In cases where the juvenile court records concern a
9juvenile court case that is no longer pending, the requesting
10party seeking to inspect the juvenile court records shall
11provide actual notice to the minor or the minor's parent or
12legal guardian, and the matter shall be referred to the chief
13judge presiding over matters pursuant to this Act.
14    (0.3) In determining whether juvenile court records should
15be made available for inspection and whether inspection should
16be limited to certain parts of the file, the court shall
17consider the minor's interest in confidentiality and
18rehabilitation over the requesting party's interest in
19obtaining the information. The State's Attorney, the minor, and
20the minor's parents, guardian, and counsel shall at all times
21have the right to examine court files and records.
22    (0.4) Any records obtained in violation of this Section
23shall not be admissible in any criminal or civil proceeding, or
24operate to disqualify a minor from subsequently holding public
25office, or operate as a forfeiture of any public benefit,
26right, privilege, or right to receive any license granted by

 

 

10100SB1968ham001- 268 -LRB101 08002 RLC 74920 a

1public authority.
2    (D) Pending or following any adjudication of delinquency
3for any offense defined in Sections 11-1.20 through 11-1.60 or
412-13 through 12-16 of the Criminal Code of 1961 or the
5Criminal Code of 2012, the victim of any such offense shall
6receive the rights set out in Sections 4 and 6 of the Bill of
7Rights for Victims and Witnesses of Violent Crime Act; and the
8juvenile who is the subject of the adjudication,
9notwithstanding any other provision of this Act, shall be
10treated as an adult for the purpose of affording such rights to
11the victim.
12    (E) Nothing in this Section shall affect the right of a
13Civil Service Commission or appointing authority of the federal
14government, or any state, county, or municipality examining the
15character and fitness of an applicant for employment with a law
16enforcement agency, correctional institution, or fire
17department to ascertain whether that applicant was ever
18adjudicated to be a delinquent minor and, if so, to examine the
19records of disposition or evidence which were made in
20proceedings under this Act.
21    (F) Following any adjudication of delinquency for a crime
22which would be a felony if committed by an adult, or following
23any adjudication of delinquency for a violation of Section
2424-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
25Criminal Code of 2012, the State's Attorney shall ascertain
26whether the minor respondent is enrolled in school and, if so,

 

 

10100SB1968ham001- 269 -LRB101 08002 RLC 74920 a

1shall provide a copy of the dispositional order to the
2principal or chief administrative officer of the school. Access
3to the dispositional order shall be limited to the principal or
4chief administrative officer of the school and any guidance
5counselor designated by him or her.
6    (G) Nothing contained in this Act prevents the sharing or
7disclosure of information or records relating or pertaining to
8juveniles subject to the provisions of the Serious Habitual
9Offender Comprehensive Action Program when that information is
10used to assist in the early identification and treatment of
11habitual juvenile offenders.
12    (H) When a court hearing a proceeding under Article II of
13this Act becomes aware that an earlier proceeding under Article
14II had been heard in a different county, that court shall
15request, and the court in which the earlier proceedings were
16initiated shall transmit, an authenticated copy of the juvenile
17court record, including all documents, petitions, and orders
18filed and the minute orders, transcript of proceedings, and
19docket entries of the court.
20    (I) The Clerk of the Circuit Court shall report to the
21Department of State Police, in the form and manner required by
22the Department of State Police, the final disposition of each
23minor who has been arrested or taken into custody before his or
24her 18th birthday for those offenses required to be reported
25under Section 5 of the Criminal Identification Act. Information
26reported to the Department under this Section may be maintained

 

 

10100SB1968ham001- 270 -LRB101 08002 RLC 74920 a

1with records that the Department files under Section 2.1 of the
2Criminal Identification Act.
3    (J) The changes made to this Section by Public Act 98-61
4apply to juvenile law enforcement records of a minor who has
5been arrested or taken into custody on or after January 1, 2014
6(the effective date of Public Act 98-61).
7    (K) Willful violation of this Section is a Class C
8misdemeanor and each violation is subject to a fine of $1,000.
9This subsection (K) shall not apply to the person who is the
10subject of the record.
11    (L) A person convicted of violating this Section is liable
12for damages in the amount of $1,000 or actual damages,
13whichever is greater.
14(Source: P.A. 100-285, eff. 1-1-18; 100-720, eff. 8-3-18;
15100-1162, eff. 12-20-18.)
 
16    (705 ILCS 405/5-150)
17    Sec. 5-150. Admissibility of evidence and adjudications in
18other proceedings.
19    (1) Evidence and adjudications in proceedings under this
20Act shall be admissible:
21        (a) in subsequent proceedings under this Act
22    concerning the same minor; or
23        (b) in criminal proceedings when the court is to
24    determine the conditions of pretrial release amount of
25    bail, fitness of the defendant or in sentencing under the

 

 

10100SB1968ham001- 271 -LRB101 08002 RLC 74920 a

1    Unified Code of Corrections; or
2        (c) in proceedings under this Act or in criminal
3    proceedings in which anyone who has been adjudicated
4    delinquent under Section 5-105 is to be a witness including
5    the minor or defendant if he or she testifies, and then
6    only for purposes of impeachment and pursuant to the rules
7    of evidence for criminal trials; or
8        (d) in civil proceedings concerning causes of action
9    arising out of the incident or incidents which initially
10    gave rise to the proceedings under this Act.
11    (2) No adjudication or disposition under this Act shall
12operate to disqualify a minor from subsequently holding public
13office nor shall operate as a forfeiture of any right,
14privilege or right to receive any license granted by public
15authority.
16    (3) The court which adjudicated that a minor has committed
17any offense relating to motor vehicles prescribed in Sections
184-102 and 4-103 of the Illinois Vehicle Code shall notify the
19Secretary of State of that adjudication and the notice shall
20constitute sufficient grounds for revoking that minor's
21driver's license or permit as provided in Section 6-205 of the
22Illinois Vehicle Code; no minor shall be considered a criminal
23by reason thereof, nor shall any such adjudication be
24considered a conviction.
25(Source: P.A. 90-590, eff. 1-1-99.)
 

 

 

10100SB1968ham001- 272 -LRB101 08002 RLC 74920 a

1    Section 10-215. The Criminal Code of 2012 is amended by
2changing Sections 26.5-5, 31-1, 31A-0.1, 32-10, and 32-15 as
3follows:
 
4    (720 ILCS 5/26.5-5)
5    Sec. 26.5-5. Sentence.
6    (a) Except as provided in subsection (b), a person who
7violates any of the provisions of Section 26.5-1, 26.5-2, or
826.5-3 of this Article is guilty of a Class B misdemeanor.
9Except as provided in subsection (b), a second or subsequent
10violation of Section 26.5-1, 26.5-2, or 26.5-3 of this Article
11is a Class A misdemeanor, for which the court shall impose a
12minimum of 14 days in jail or, if public or community service
13is established in the county in which the offender was
14convicted, 240 hours of public or community service.
15    (b) In any of the following circumstances, a person who
16violates Section 26.5-1, 26.5-2, or 26.5-3 of this Article
17shall be guilty of a Class 4 felony:
18        (1) The person has 3 or more prior violations in the
19    last 10 years of harassment by telephone, harassment
20    through electronic communications, or any similar offense
21    of any other state;
22        (2) The person has previously violated the harassment
23    by telephone provisions, or the harassment through
24    electronic communications provisions, or committed any
25    similar offense in any other state with the same victim or

 

 

10100SB1968ham001- 273 -LRB101 08002 RLC 74920 a

1    a member of the victim's family or household;
2        (3) At the time of the offense, the offender was under
3    conditions of pretrial release bail, probation,
4    conditional discharge, mandatory supervised release or was
5    the subject of an order of protection, in this or any other
6    state, prohibiting contact with the victim or any member of
7    the victim's family or household;
8        (4) In the course of the offense, the offender
9    threatened to kill the victim or any member of the victim's
10    family or household;
11        (5) The person has been convicted in the last 10 years
12    of a forcible felony as defined in Section 2-8 of the
13    Criminal Code of 1961 or the Criminal Code of 2012;
14        (6) The person violates paragraph (5) of Section 26.5-2
15    or paragraph (4) of Section 26.5-3; or
16        (7) The person was at least 18 years of age at the time
17    of the commission of the offense and the victim was under
18    18 years of age at the time of the commission of the
19    offense.
20    (c) The court may order any person convicted under this
21Article to submit to a psychiatric examination.
22(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
23    (720 ILCS 5/31-1)  (from Ch. 38, par. 31-1)
24    Sec. 31-1. Resisting or obstructing a peace officer,
25firefighter, or correctional institution employee.

 

 

10100SB1968ham001- 274 -LRB101 08002 RLC 74920 a

1    (a) A person who knowingly resists or obstructs the
2performance by one known to the person to be a peace officer,
3firefighter, or correctional institution employee of any
4authorized act within his or her official capacity commits a
5Class A misdemeanor.
6    (a-5) In addition to any other sentence that may be
7imposed, a court shall order any person convicted of resisting
8or obstructing a peace officer, firefighter, or correctional
9institution employee to be sentenced to a minimum of 48
10consecutive hours of imprisonment or ordered to perform
11community service for not less than 100 hours as may be
12determined by the court. The person shall not be eligible for
13probation in order to reduce the sentence of imprisonment or
14community service.
15    (a-7) A person convicted for a violation of this Section
16whose violation was the proximate cause of an injury to a peace
17officer, firefighter, or correctional institution employee is
18guilty of a Class 4 felony.
19    (b) For purposes of this Section, "correctional
20institution employee" means any person employed to supervise
21and control inmates incarcerated in a penitentiary, State farm,
22reformatory, prison, jail, house of correction, police
23detention area, half-way house, or other institution or place
24for the incarceration or custody of persons under sentence for
25offenses or awaiting trial or sentence for offenses, under
26arrest for an offense, a violation of probation, a violation of

 

 

10100SB1968ham001- 275 -LRB101 08002 RLC 74920 a

1parole, a violation of aftercare release, a violation of
2mandatory supervised release, or awaiting a bail setting
3hearing or preliminary hearing on setting the conditions of
4pretrial release, or who are sexually dangerous persons or who
5are sexually violent persons; and "firefighter" means any
6individual, either as an employee or volunteer, of a regularly
7constituted fire department of a municipality or fire
8protection district who performs fire fighting duties,
9including, but not limited to, the fire chief, assistant fire
10chief, captain, engineer, driver, ladder person, hose person,
11pipe person, and any other member of a regularly constituted
12fire department. "Firefighter" also means a person employed by
13the Office of the State Fire Marshal to conduct arson
14investigations.
15    (c) It is an affirmative defense to a violation of this
16Section if a person resists or obstructs the performance of one
17known by the person to be a firefighter by returning to or
18remaining in a dwelling, residence, building, or other
19structure to rescue or to attempt to rescue any person.
20    (d) A person shall not be subject to arrest under this
21Section unless there is an underlying offense for which the
22person was initially subject to arrest.
23(Source: P.A. 98-558, eff. 1-1-14.)
 
24    (720 ILCS 5/31A-0.1)
25    Sec. 31A-0.1. Definitions. For the purposes of this

 

 

10100SB1968ham001- 276 -LRB101 08002 RLC 74920 a

1Article:
2    "Deliver" or "delivery" means the actual, constructive or
3attempted transfer of possession of an item of contraband, with
4or without consideration, whether or not there is an agency
5relationship.
6    "Employee" means any elected or appointed officer, trustee
7or employee of a penal institution or of the governing
8authority of the penal institution, or any person who performs
9services for the penal institution pursuant to contract with
10the penal institution or its governing authority.
11    "Item of contraband" means any of the following:
12        (i) "Alcoholic liquor" as that term is defined in
13    Section 1-3.05 of the Liquor Control Act of 1934.
14        (ii) "Cannabis" as that term is defined in subsection
15    (a) of Section 3 of the Cannabis Control Act.
16        (iii) "Controlled substance" as that term is defined in
17    the Illinois Controlled Substances Act.
18        (iii-a) "Methamphetamine" as that term is defined in
19    the Illinois Controlled Substances Act or the
20    Methamphetamine Control and Community Protection Act.
21        (iv) "Hypodermic syringe" or hypodermic needle, or any
22    instrument adapted for use of controlled substances or
23    cannabis by subcutaneous injection.
24        (v) "Weapon" means any knife, dagger, dirk, billy,
25    razor, stiletto, broken bottle, or other piece of glass
26    which could be used as a dangerous weapon. This term

 

 

10100SB1968ham001- 277 -LRB101 08002 RLC 74920 a

1    includes any of the devices or implements designated in
2    subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of
3    this Code, or any other dangerous weapon or instrument of
4    like character.
5        (vi) "Firearm" means any device, by whatever name
6    known, which is designed to expel a projectile or
7    projectiles by the action of an explosion, expansion of gas
8    or escape of gas, including but not limited to:
9            (A) any pneumatic gun, spring gun, or B-B gun which
10        expels a single globular projectile not exceeding .18
11        inch in diameter; or
12            (B) any device used exclusively for signaling or
13        safety and required as recommended by the United States
14        Coast Guard or the Interstate Commerce Commission; or
15            (C) any device used exclusively for the firing of
16        stud cartridges, explosive rivets or industrial
17        ammunition; or
18            (D) any device which is powered by electrical
19        charging units, such as batteries, and which fires one
20        or several barbs attached to a length of wire and
21        which, upon hitting a human, can send out current
22        capable of disrupting the person's nervous system in
23        such a manner as to render him or her incapable of
24        normal functioning, commonly referred to as a stun gun
25        or taser.
26        (vii) "Firearm ammunition" means any self-contained

 

 

10100SB1968ham001- 278 -LRB101 08002 RLC 74920 a

1    cartridge or shotgun shell, by whatever name known, which
2    is designed to be used or adaptable to use in a firearm,
3    including but not limited to:
4            (A) any ammunition exclusively designed for use
5        with a device used exclusively for signaling or safety
6        and required or recommended by the United States Coast
7        Guard or the Interstate Commerce Commission; or
8            (B) any ammunition designed exclusively for use
9        with a stud or rivet driver or other similar industrial
10        ammunition.
11        (viii) "Explosive" means, but is not limited to, bomb,
12    bombshell, grenade, bottle or other container containing
13    an explosive substance of over one-quarter ounce for like
14    purposes such as black powder bombs and Molotov cocktails
15    or artillery projectiles.
16        (ix) "Tool to defeat security mechanisms" means, but is
17    not limited to, handcuff or security restraint key, tool
18    designed to pick locks, popper, or any device or instrument
19    used to or capable of unlocking or preventing from locking
20    any handcuff or security restraints, doors to cells, rooms,
21    gates or other areas of the penal institution.
22        (x) "Cutting tool" means, but is not limited to,
23    hacksaw blade, wirecutter, or device, instrument or file
24    capable of cutting through metal.
25        (xi) "Electronic contraband" for the purposes of
26    Section 31A-1.1 of this Article means, but is not limited

 

 

10100SB1968ham001- 279 -LRB101 08002 RLC 74920 a

1    to, any electronic, video recording device, computer, or
2    cellular communications equipment, including, but not
3    limited to, cellular telephones, cellular telephone
4    batteries, videotape recorders, pagers, computers, and
5    computer peripheral equipment brought into or possessed in
6    a penal institution without the written authorization of
7    the Chief Administrative Officer. "Electronic contraband"
8    for the purposes of Section 31A-1.2 of this Article, means,
9    but is not limited to, any electronic, video recording
10    device, computer, or cellular communications equipment,
11    including, but not limited to, cellular telephones,
12    cellular telephone batteries, videotape recorders, pagers,
13    computers, and computer peripheral equipment.
14    "Penal institution" means any penitentiary, State farm,
15reformatory, prison, jail, house of correction, police
16detention area, half-way house or other institution or place
17for the incarceration or custody of persons under sentence for
18offenses awaiting trial or sentence for offenses, under arrest
19for an offense, a violation of probation, a violation of
20parole, a violation of aftercare release, or a violation of
21mandatory supervised release, or awaiting a bail setting
22hearing on the setting of conditions of pretrial release or
23preliminary hearing; provided that where the place for
24incarceration or custody is housed within another public
25building this Article shall not apply to that part of the
26building unrelated to the incarceration or custody of persons.

 

 

10100SB1968ham001- 280 -LRB101 08002 RLC 74920 a

1(Source: P.A. 97-1108, eff. 1-1-13; 98-558, eff. 1-1-14.)
 
2    (720 ILCS 5/32-10)  (from Ch. 38, par. 32-10)
3    Sec. 32-10. Violation of conditions of pretrial release
4bail bond.
5    (a) Whoever, having been released pretrial under
6conditions admitted to bail for appearance before any court of
7this State, incurs a violation of conditions of pretrial
8release forfeiture of the bail and knowingly fails to surrender
9himself or herself within 30 days following the date of the
10violation forfeiture, commits, if the conditions of pretrial
11release bail was given in connection with a charge of felony
12or pending appeal or certiorari after conviction of any
13offense, a felony of the next lower Class or a Class A
14misdemeanor if the underlying offense was a Class 4 felony . If
15the violation of pretrial conditions were made ; or, if the bail
16was given in connection with a charge of committing a
17misdemeanor, or for appearance as a witness, commits a
18misdemeanor of the next lower Class, but not less than a Class
19C misdemeanor.
20    (a-5) Any person who knowingly violates a condition of
21pretrial release bail bond by possessing a firearm in violation
22of his or her conditions of pretrial release bail commits a
23Class 4 felony for a first violation and a Class 3 felony for a
24second or subsequent violation.
25    (b) Whoever, having been released pretrial under

 

 

10100SB1968ham001- 281 -LRB101 08002 RLC 74920 a

1conditions admitted to bail for appearance before any court of
2this State, while charged with a criminal offense in which the
3victim is a family or household member as defined in Article
4112A of the Code of Criminal Procedure of 1963, knowingly
5violates a condition of that release as set forth in Section
6110-10, subsection (d) of the Code of Criminal Procedure of
71963, commits a Class A misdemeanor.
8    (c) Whoever, having been released pretrial under
9conditions admitted to bail for appearance before any court of
10this State for a felony, Class A misdemeanor or a criminal
11offense in which the victim is a family or household member as
12defined in Article 112A of the Code of Criminal Procedure of
131963, is charged with any other felony, Class A misdemeanor, or
14a criminal offense in which the victim is a family or household
15member as defined in Article 112A of the Code of Criminal
16Procedure of 1963 while on this release, must appear before the
17court before bail is statutorily set.
18    (d) Nothing in this Section shall interfere with or prevent
19the exercise by any court of its power to punishment for
20contempt. Any sentence imposed for violation of this Section
21may shall be served consecutive to the sentence imposed for the
22charge for which pretrial release bail had been granted and
23with respect to which the defendant has been convicted.
24(Source: P.A. 97-1108, eff. 1-1-13.)
 
25    (720 ILCS 5/32-15)

 

 

10100SB1968ham001- 282 -LRB101 08002 RLC 74920 a

1    Sec. 32-15. Pretrial release Bail bond false statement. Any
2person who in any affidavit, document, schedule or other
3application to ensure compliance of another with the terms of
4pretrial release become surety or bail for another on any bail
5bond or recognizance in any civil or criminal proceeding then
6pending or about to be started against the other person, having
7taken a lawful oath or made affirmation, shall swear or affirm
8wilfully, corruptly and falsely as to the factors the court
9relied on to approve the conditions of the other person's
10pretrial release ownership or liens or incumbrances upon or the
11value of any real or personal property alleged to be owned by
12the person proposed to ensure those conditions as surety or
13bail, the financial worth or standing of the person proposed as
14surety or bail, or as to the number or total penalties of all
15other bonds or recognizances signed by and standing against the
16proposed surety or bail, or any person who, having taken a
17lawful oath or made affirmation, shall testify wilfully,
18corruptly and falsely as to any of said matters for the purpose
19of inducing the approval of any such conditions of pretrial
20release bail bond or recognizance; or for the purpose of
21justifying on any such conditions of pretrial release bail bond
22or recognizance, or who shall suborn any other person to so
23swear, affirm or testify as aforesaid, shall be deemed and
24adjudged guilty of perjury or subornation of perjury (as the
25case may be) and punished accordingly.
26(Source: P.A. 97-1108, eff. 1-1-13.)
 

 

 

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1    Section 10-216. The Criminal Code of 2012 is amended by
2changing Sections 7-5, 7-5.5, 7-9, 9-1, and 33-3 and by adding
3Sections 7-15, 7-16, and 33-9 as follows:
 
4    (720 ILCS 5/7-5)  (from Ch. 38, par. 7-5)
5    Sec. 7-5. Peace officer's use of force in making arrest.
6(a) A peace officer, or any person whom he has summoned or
7directed to assist him, need not retreat or desist from efforts
8to make a lawful arrest because of resistance or threatened
9resistance to the arrest. He is justified in the use of any
10force which he reasonably believes, based on the totality of
11the circumstances, to be necessary to effect the arrest and of
12any force which he reasonably believes, based on the totality
13of the circumstances, to be necessary to defend himself or
14another from bodily harm while making the arrest. However, he
15is justified in using force likely to cause death or great
16bodily harm only when he reasonably believes, based on the
17totality of the circumstances, that such force is necessary to
18prevent death or great bodily harm to himself or such other
19person, or when he reasonably believes, based on the totality
20of the circumstances, both that:
21        (1) Such force is necessary to prevent the arrest from
22    being defeated by resistance or escape; the officer
23    reasonably believes that the person to be arrested cannot
24    be apprehended at a later date, and the officer reasonably

 

 

10100SB1968ham001- 284 -LRB101 08002 RLC 74920 a

1    believes that the person to be arrested is likely to cause
2    great bodily harm to another; and
3        (2) The person to be arrested just has committed or
4    attempted a forcible felony which involves the infliction
5    or threatened infliction of great bodily harm or is
6    attempting to escape by use of a deadly weapon, or
7    otherwise indicates that he will endanger human life or
8    inflict great bodily harm unless arrested without delay.
9    As used in this subsection, "retreat" does not mean
10tactical repositioning or other de-escalation tactics.
11    (a-5) Where feasible, a peace officer shall, prior to the
12use of force, make reasonable efforts to identify himself or
13herself as a peace officer and to warn that deadly force may be
14used, unless the officer has reasonable grounds to believe that
15the person is aware of those facts.
16    (a-10) A peace officer shall not use deadly force against a
17person based on the danger that the person poses to himself or
18herself if an reasonable officer would believe the person does
19not pose an imminent threat of death or serious bodily injury
20to the peace officer or to another person.
21    (a-15) A peace officer shall not use deadly force against a
22person who is suspected of committing a property offense,
23unless that offense is terrorism or unless deadly force is
24otherwise authorized by law.
25    (b) A peace officer making an arrest pursuant to an invalid
26warrant is justified in the use of any force which he would be

 

 

10100SB1968ham001- 285 -LRB101 08002 RLC 74920 a

1justified in using if the warrant were valid, unless he knows
2that the warrant is invalid.
3    (c) The authority to use physical force conferred on peace
4officers by this Article is a serious responsibility that shall
5be exercised judiciously and with respect for human rights and
6dignity and for the sanctity of every human life.
7    (d) Peace officers shall use deadly force only when
8reasonably necessary in defense of human life. In determining
9whether deadly force is reasonably necessary, officers shall
10evaluate each situation in light of the particular
11circumstances of each case and shall use other available
12resources and techniques, if reasonably safe and feasible to a
13reasonable officer.
14    (e) The decision by a peace officer to use force shall be
15evaluated carefully and thoroughly, in a manner that reflects
16the gravity of that authority and the serious consequences of
17the use of force by peace officers, in order to ensure that
18officers use force consistent with law and agency policies.
19    (f) The decision by a peace officer to use force shall be
20evaluated from the perspective of a reasonable officer in the
21same situation, based on the totality of the circumstances
22known to or perceived by the officer at the time of the
23decision, rather than with the benefit of hindsight, and that
24the totality of the circumstances shall account for occasions
25when officers may be forced to make quick judgments about using
26force.

 

 

10100SB1968ham001- 286 -LRB101 08002 RLC 74920 a

1    (g) Law enforcement agencies are encouraged to adopt and
2develop policies designed to protect individuals with
3physical, mental health, developmental, or intellectual
4disabilities, who are significantly more likely to experience
5greater levels of physical force during police interactions, as
6these disabilities may affect the ability of a person to
7understand or comply with commands from peace officers.
8    (h) As used in this Section:
9        (1) "Deadly force" means any use of force that creates
10    a substantial risk of causing death or serious bodily
11    injury, including, but not limited to, the discharge of a
12    firearm.
13        (2) A threat of death or serious bodily injury is
14    "imminent" when, based on the totality of the
15    circumstances, a reasonable officer in the same situation
16    would believe that a person has the present ability,
17    opportunity, and apparent intent to immediately cause
18    death or serious bodily injury to the peace officer or
19    another person. An imminent harm is not merely a fear of
20    future harm, no matter how great the fear and no matter how
21    great the likelihood of the harm, but is one that, from
22    appearances, must be instantly confronted and addressed.
23        (3) "Totality of the circumstances" means all facts
24    known to the peace officer at the time, or that would be
25    known to a reasonable officer in the same situation,
26    including the conduct of the officer and the subject

 

 

10100SB1968ham001- 287 -LRB101 08002 RLC 74920 a

1    leading up to the use of deadly force.
2(Source: P.A. 84-1426.)
 
3    (720 ILCS 5/7-5.5)
4    Sec. 7-5.5. Prohibited use of force by a peace officer.
5    (a) A peace officer, or any person acting on behalf of a
6peace officer, shall not use a chokehold or restraint above the
7shoulders with risk of asphyxiation in the performance of his
8or her duties, unless deadly force is justified under Article 7
9of this Code.
10    (b) A peace officer, or any person acting on behalf of a
11peace officer, shall not use a chokehold or restraint above the
12shoulders with risk of asphyxiation, or any lesser contact with
13the throat or neck area of another, in order to prevent the
14destruction of evidence by ingestion.
15    (c) As used in this Section, "chokehold" means applying any
16direct pressure to the throat, windpipe, or airway of another
17with the intent to reduce or prevent the intake of air.
18"Chokehold" does not include any holding involving contact with
19the neck that is not intended to reduce the intake of air.
20    (d) As used in this Section, "restraint above the shoulders
21with risk of positional asphyxiation" means a use of a
22technique used to restrain a person above the shoulders,
23including the neck or head, in a position which interferes with
24the person's ability to breathe after the person no longer
25poses a threat to the officer or any other person.

 

 

10100SB1968ham001- 288 -LRB101 08002 RLC 74920 a

1    (e) A peace officer, or any person acting on behalf of a
2peace officer, shall not:
3        (i) use force as punishment or retaliation;
4        (ii) discharge kinetic impact projectiles and all
5    other non-or less-lethal projectiles in a manner that
6    targets the head, pelvis, or back;
7        (iii) discharge firearms or kinetic impact projectiles
8    indiscriminately into a crowd; or
9        (iv) use chemical agents or irritants, including
10    pepper spray and tear gas, prior to issuing an order to
11    disperse in a sufficient manner to ensure the order is
12    heard and repeated if necessary, followed by sufficient
13    time and space to allow compliance with the order.
14(Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)
 
15    (720 ILCS 5/7-9)  (from Ch. 38, par. 7-9)
16    Sec. 7-9. Use of force to prevent escape.
17    (a) A peace officer or other person who has an arrested
18person in his custody is justified in the use of such force,
19except deadly force, to prevent the escape of the arrested
20person from custody as he would be justified in using if he
21were arresting such person.
22    (b) A guard or other peace officer is justified in the use
23of force, including force likely to cause death or great bodily
24harm, which he reasonably believes to be necessary to prevent
25the escape from a penal institution of a person whom the

 

 

10100SB1968ham001- 289 -LRB101 08002 RLC 74920 a

1officer reasonably believes to be lawfully detained in such
2institution under sentence for an offense or awaiting trial or
3commitment for an offense.
4    (c) Deadly force shall not be used to prevent escape under
5this Section unless, based on the totality of the
6circumstances, deadly force is necessary to prevent death or
7great bodily harm to himself or such other person.
8(Source: Laws 1961, p. 1983.)
 
9    (720 ILCS 5/7-15 new)
10    Sec. 7-15. Duty to render aid. It is the policy of the
11State of Illinois that all law enforcement officers must, as
12soon as reasonably practical, determine if a person is injured,
13whether as a result of a use of force or otherwise, and render
14medical aid and assistance consistent with training and request
15emergency medical assistance if necessary. "Render medical aid
16and assistance" includes, but is not limited to, (i) performing
17emergency life-saving procedures such as cardiopulmonary
18resuscitation or the administration of an automated external
19defibrillator; and (ii) the carrying, or the making of
20arrangements for the carrying, of such person to a physician,
21surgeon, or hospital for medical or surgical treatment if it is
22apparent that treatment is necessary, or if such carrying is
23requested by the injured person.
 
24    (720 ILCS 5/7-16 new)

 

 

10100SB1968ham001- 290 -LRB101 08002 RLC 74920 a

1    Sec. 7-16. Duty to intervene.
2    (a) A peace officer, or any person acting on behalf of a
3peace officer, shall have an affirmative duty to intervene to
4prevent or stop another peace officer in his or her presence
5from using any unauthorized force or force that exceeds the
6degree of force permitted, if any, without regard for chain of
7command.
8    (b) A peace officer, or any person acting on behalf of a
9peace officer, who intervenes as required by this Section shall
10report the intervention to the person designated/identified by
11the law enforcement entity in a manner prescribed by the
12agency. The report required by this Section must include the
13date, time, and place of the occurrence; the identity, if
14known, and description of the participants; and a description
15of the intervention actions taken and whether they were
16successful. In no event shall the report be submitted more than
175 days after the incident.
18    (c) A member of a law enforcement agency shall not
19discipline nor retaliate in any way against a peace officer for
20intervening as required in this Section or for reporting
21unconstitutional or unlawful conduct, or for failing to follow
22what the officer reasonably believes is an unconstitutional or
23unlawful directive.
 
24    (720 ILCS 5/9-1)  (from Ch. 38, par. 9-1)
25    Sec. 9-1. First degree murder; death penalties;

 

 

10100SB1968ham001- 291 -LRB101 08002 RLC 74920 a

1exceptions; separate hearings; proof; findings; appellate
2procedures; reversals.
3    (a) A person who kills an individual without lawful
4justification commits first degree murder if, in performing the
5acts which cause the death:
6        (1) he or she either intends to kill or do great bodily
7    harm to that individual or another, or knows that such acts
8    will cause death to that individual or another; or
9        (2) he or she knows that such acts create a strong
10    probability of death or great bodily harm to that
11    individual or another; or
12        (3) he or she, acting alone or with one or more
13    participants, commits or attempts to commit a forcible
14    felony other than second degree murder, and in the course
15    of or in furtherance of such crime or flight therefrom, he
16    or she or another participant causes the death of a person
17    he or she is attempting or committing a forcible felony
18    other than second degree murder.
19    (b) Aggravating Factors. A defendant who at the time of the
20commission of the offense has attained the age of 18 or more
21and who has been found guilty of first degree murder may be
22sentenced to death if:
23        (1) the murdered individual was a peace officer or
24    fireman killed in the course of performing his official
25    duties, to prevent the performance of his or her official
26    duties, or in retaliation for performing his or her

 

 

10100SB1968ham001- 292 -LRB101 08002 RLC 74920 a

1    official duties, and the defendant knew or should have
2    known that the murdered individual was a peace officer or
3    fireman; or
4        (2) the murdered individual was an employee of an
5    institution or facility of the Department of Corrections,
6    or any similar local correctional agency, killed in the
7    course of performing his or her official duties, to prevent
8    the performance of his or her official duties, or in
9    retaliation for performing his or her official duties, or
10    the murdered individual was an inmate at such institution
11    or facility and was killed on the grounds thereof, or the
12    murdered individual was otherwise present in such
13    institution or facility with the knowledge and approval of
14    the chief administrative officer thereof; or
15        (3) the defendant has been convicted of murdering two
16    or more individuals under subsection (a) of this Section or
17    under any law of the United States or of any state which is
18    substantially similar to subsection (a) of this Section
19    regardless of whether the deaths occurred as the result of
20    the same act or of several related or unrelated acts so
21    long as the deaths were the result of either an intent to
22    kill more than one person or of separate acts which the
23    defendant knew would cause death or create a strong
24    probability of death or great bodily harm to the murdered
25    individual or another; or
26        (4) the murdered individual was killed as a result of

 

 

10100SB1968ham001- 293 -LRB101 08002 RLC 74920 a

1    the hijacking of an airplane, train, ship, bus, or other
2    public conveyance; or
3        (5) the defendant committed the murder pursuant to a
4    contract, agreement, or understanding by which he or she
5    was to receive money or anything of value in return for
6    committing the murder or procured another to commit the
7    murder for money or anything of value; or
8        (6) the murdered individual was killed in the course of
9    another felony if:
10            (a) the murdered individual:
11                (i) was actually killed by the defendant, or
12                (ii) received physical injuries personally
13            inflicted by the defendant substantially
14            contemporaneously with physical injuries caused by
15            one or more persons for whose conduct the defendant
16            is legally accountable under Section 5-2 of this
17            Code, and the physical injuries inflicted by
18            either the defendant or the other person or persons
19            for whose conduct he is legally accountable caused
20            the death of the murdered individual; and
21            (b) in performing the acts which caused the death
22        of the murdered individual or which resulted in
23        physical injuries personally inflicted by the
24        defendant on the murdered individual under the
25        circumstances of subdivision (ii) of subparagraph (a)
26        of paragraph (6) of subsection (b) of this Section, the

 

 

10100SB1968ham001- 294 -LRB101 08002 RLC 74920 a

1        defendant acted with the intent to kill the murdered
2        individual or with the knowledge that his acts created
3        a strong probability of death or great bodily harm to
4        the murdered individual or another; and
5            (c) the other felony was an inherently violent
6        crime or the attempt to commit an inherently violent
7        crime. In this subparagraph (c), "inherently violent
8        crime" includes, but is not limited to, armed robbery,
9        robbery, predatory criminal sexual assault of a child,
10        aggravated criminal sexual assault, aggravated
11        kidnapping, aggravated vehicular hijacking, aggravated
12        arson, aggravated stalking, residential burglary, and
13        home invasion; or
14        (7) the murdered individual was under 12 years of age
15    and the death resulted from exceptionally brutal or heinous
16    behavior indicative of wanton cruelty; or
17        (8) the defendant committed the murder with intent to
18    prevent the murdered individual from testifying or
19    participating in any criminal investigation or prosecution
20    or giving material assistance to the State in any
21    investigation or prosecution, either against the defendant
22    or another; or the defendant committed the murder because
23    the murdered individual was a witness in any prosecution or
24    gave material assistance to the State in any investigation
25    or prosecution, either against the defendant or another;
26    for purposes of this paragraph (8), "participating in any

 

 

10100SB1968ham001- 295 -LRB101 08002 RLC 74920 a

1    criminal investigation or prosecution" is intended to
2    include those appearing in the proceedings in any capacity
3    such as trial judges, prosecutors, defense attorneys,
4    investigators, witnesses, or jurors; or
5        (9) the defendant, while committing an offense
6    punishable under Sections 401, 401.1, 401.2, 405, 405.2,
7    407 or 407.1 or subsection (b) of Section 404 of the
8    Illinois Controlled Substances Act, or while engaged in a
9    conspiracy or solicitation to commit such offense,
10    intentionally killed an individual or counseled,
11    commanded, induced, procured or caused the intentional
12    killing of the murdered individual; or
13        (10) the defendant was incarcerated in an institution
14    or facility of the Department of Corrections at the time of
15    the murder, and while committing an offense punishable as a
16    felony under Illinois law, or while engaged in a conspiracy
17    or solicitation to commit such offense, intentionally
18    killed an individual or counseled, commanded, induced,
19    procured or caused the intentional killing of the murdered
20    individual; or
21        (11) the murder was committed in a cold, calculated and
22    premeditated manner pursuant to a preconceived plan,
23    scheme or design to take a human life by unlawful means,
24    and the conduct of the defendant created a reasonable
25    expectation that the death of a human being would result
26    therefrom; or

 

 

10100SB1968ham001- 296 -LRB101 08002 RLC 74920 a

1        (12) the murdered individual was an emergency medical
2    technician - ambulance, emergency medical technician -
3    intermediate, emergency medical technician - paramedic,
4    ambulance driver, or other medical assistance or first aid
5    personnel, employed by a municipality or other
6    governmental unit, killed in the course of performing his
7    official duties, to prevent the performance of his official
8    duties, or in retaliation for performing his official
9    duties, and the defendant knew or should have known that
10    the murdered individual was an emergency medical
11    technician - ambulance, emergency medical technician -
12    intermediate, emergency medical technician - paramedic,
13    ambulance driver, or other medical assistance or first aid
14    personnel; or
15        (13) the defendant was a principal administrator,
16    organizer, or leader of a calculated criminal drug
17    conspiracy consisting of a hierarchical position of
18    authority superior to that of all other members of the
19    conspiracy, and the defendant counseled, commanded,
20    induced, procured, or caused the intentional killing of the
21    murdered person; or
22        (14) the murder was intentional and involved the
23    infliction of torture. For the purpose of this Section
24    torture means the infliction of or subjection to extreme
25    physical pain, motivated by an intent to increase or
26    prolong the pain, suffering or agony of the victim; or

 

 

10100SB1968ham001- 297 -LRB101 08002 RLC 74920 a

1        (15) the murder was committed as a result of the
2    intentional discharge of a firearm by the defendant from a
3    motor vehicle and the victim was not present within the
4    motor vehicle; or
5        (16) the murdered individual was 60 years of age or
6    older and the death resulted from exceptionally brutal or
7    heinous behavior indicative of wanton cruelty; or
8        (17) the murdered individual was a person with a
9    disability and the defendant knew or should have known that
10    the murdered individual was a person with a disability. For
11    purposes of this paragraph (17), "person with a disability"
12    means a person who suffers from a permanent physical or
13    mental impairment resulting from disease, an injury, a
14    functional disorder, or a congenital condition that
15    renders the person incapable of adequately providing for
16    his or her own health or personal care; or
17        (18) the murder was committed by reason of any person's
18    activity as a community policing volunteer or to prevent
19    any person from engaging in activity as a community
20    policing volunteer; or
21        (19) the murdered individual was subject to an order of
22    protection and the murder was committed by a person against
23    whom the same order of protection was issued under the
24    Illinois Domestic Violence Act of 1986; or
25        (20) the murdered individual was known by the defendant
26    to be a teacher or other person employed in any school and

 

 

10100SB1968ham001- 298 -LRB101 08002 RLC 74920 a

1    the teacher or other employee is upon the grounds of a
2    school or grounds adjacent to a school, or is in any part
3    of a building used for school purposes; or
4        (21) the murder was committed by the defendant in
5    connection with or as a result of the offense of terrorism
6    as defined in Section 29D-14.9 of this Code; or
7        (22) the murdered individual was a member of a
8    congregation engaged in prayer or other religious
9    activities at a church, synagogue, mosque, or other
10    building, structure, or place used for religious worship.
11    (b-5) Aggravating Factor; Natural Life Imprisonment. A
12defendant who has been found guilty of first degree murder and
13who at the time of the commission of the offense had attained
14the age of 18 years or more may be sentenced to natural life
15imprisonment if (i) the murdered individual was a physician,
16physician assistant, psychologist, nurse, or advanced practice
17registered nurse, (ii) the defendant knew or should have known
18that the murdered individual was a physician, physician
19assistant, psychologist, nurse, or advanced practice
20registered nurse, and (iii) the murdered individual was killed
21in the course of acting in his or her capacity as a physician,
22physician assistant, psychologist, nurse, or advanced practice
23registered nurse, or to prevent him or her from acting in that
24capacity, or in retaliation for his or her acting in that
25capacity.
26    (c) Consideration of factors in Aggravation and

 

 

10100SB1968ham001- 299 -LRB101 08002 RLC 74920 a

1Mitigation.
2    The court shall consider, or shall instruct the jury to
3consider any aggravating and any mitigating factors which are
4relevant to the imposition of the death penalty. Aggravating
5factors may include but need not be limited to those factors
6set forth in subsection (b). Mitigating factors may include but
7need not be limited to the following:
8        (1) the defendant has no significant history of prior
9    criminal activity;
10        (2) the murder was committed while the defendant was
11    under the influence of extreme mental or emotional
12    disturbance, although not such as to constitute a defense
13    to prosecution;
14        (3) the murdered individual was a participant in the
15    defendant's homicidal conduct or consented to the
16    homicidal act;
17        (4) the defendant acted under the compulsion of threat
18    or menace of the imminent infliction of death or great
19    bodily harm;
20        (5) the defendant was not personally present during
21    commission of the act or acts causing death;
22        (6) the defendant's background includes a history of
23    extreme emotional or physical abuse;
24        (7) the defendant suffers from a reduced mental
25    capacity.
26    Provided, however, that an action that does not otherwise

 

 

10100SB1968ham001- 300 -LRB101 08002 RLC 74920 a

1mitigate first degree murder cannot qualify as a mitigating
2factor for first degree murder because of the discovery,
3knowledge, or disclosure of the victim's sexual orientation as
4defined in Section 1-103 of the Illinois Human Rights Act.
5    (d) Separate sentencing hearing.
6    Where requested by the State, the court shall conduct a
7separate sentencing proceeding to determine the existence of
8factors set forth in subsection (b) and to consider any
9aggravating or mitigating factors as indicated in subsection
10(c). The proceeding shall be conducted:
11        (1) before the jury that determined the defendant's
12    guilt; or
13        (2) before a jury impanelled for the purpose of the
14    proceeding if:
15            A. the defendant was convicted upon a plea of
16        guilty; or
17            B. the defendant was convicted after a trial before
18        the court sitting without a jury; or
19            C. the court for good cause shown discharges the
20        jury that determined the defendant's guilt; or
21        (3) before the court alone if the defendant waives a
22    jury for the separate proceeding.
23    (e) Evidence and Argument.
24    During the proceeding any information relevant to any of
25the factors set forth in subsection (b) may be presented by
26either the State or the defendant under the rules governing the

 

 

10100SB1968ham001- 301 -LRB101 08002 RLC 74920 a

1admission of evidence at criminal trials. Any information
2relevant to any additional aggravating factors or any
3mitigating factors indicated in subsection (c) may be presented
4by the State or defendant regardless of its admissibility under
5the rules governing the admission of evidence at criminal
6trials. The State and the defendant shall be given fair
7opportunity to rebut any information received at the hearing.
8    (f) Proof.
9    The burden of proof of establishing the existence of any of
10the factors set forth in subsection (b) is on the State and
11shall not be satisfied unless established beyond a reasonable
12doubt.
13    (g) Procedure - Jury.
14    If at the separate sentencing proceeding the jury finds
15that none of the factors set forth in subsection (b) exists,
16the court shall sentence the defendant to a term of
17imprisonment under Chapter V of the Unified Code of
18Corrections. If there is a unanimous finding by the jury that
19one or more of the factors set forth in subsection (b) exist,
20the jury shall consider aggravating and mitigating factors as
21instructed by the court and shall determine whether the
22sentence of death shall be imposed. If the jury determines
23unanimously, after weighing the factors in aggravation and
24mitigation, that death is the appropriate sentence, the court
25shall sentence the defendant to death. If the court does not
26concur with the jury determination that death is the

 

 

10100SB1968ham001- 302 -LRB101 08002 RLC 74920 a

1appropriate sentence, the court shall set forth reasons in
2writing including what facts or circumstances the court relied
3upon, along with any relevant documents, that compelled the
4court to non-concur with the sentence. This document and any
5attachments shall be part of the record for appellate review.
6The court shall be bound by the jury's sentencing
7determination.
8    If after weighing the factors in aggravation and
9mitigation, one or more jurors determines that death is not the
10appropriate sentence, the court shall sentence the defendant to
11a term of imprisonment under Chapter V of the Unified Code of
12Corrections.
13    (h) Procedure - No Jury.
14    In a proceeding before the court alone, if the court finds
15that none of the factors found in subsection (b) exists, the
16court shall sentence the defendant to a term of imprisonment
17under Chapter V of the Unified Code of Corrections.
18    If the Court determines that one or more of the factors set
19forth in subsection (b) exists, the Court shall consider any
20aggravating and mitigating factors as indicated in subsection
21(c). If the Court determines, after weighing the factors in
22aggravation and mitigation, that death is the appropriate
23sentence, the Court shall sentence the defendant to death.
24    If the court finds that death is not the appropriate
25sentence, the court shall sentence the defendant to a term of
26imprisonment under Chapter V of the Unified Code of

 

 

10100SB1968ham001- 303 -LRB101 08002 RLC 74920 a

1Corrections.
2    (h-5) Decertification as a capital case.
3    In a case in which the defendant has been found guilty of
4first degree murder by a judge or jury, or a case on remand for
5resentencing, and the State seeks the death penalty as an
6appropriate sentence, on the court's own motion or the written
7motion of the defendant, the court may decertify the case as a
8death penalty case if the court finds that the only evidence
9supporting the defendant's conviction is the uncorroborated
10testimony of an informant witness, as defined in Section 115-21
11of the Code of Criminal Procedure of 1963, concerning the
12confession or admission of the defendant or that the sole
13evidence against the defendant is a single eyewitness or single
14accomplice without any other corroborating evidence. If the
15court decertifies the case as a capital case under either of
16the grounds set forth above, the court shall issue a written
17finding. The State may pursue its right to appeal the
18decertification pursuant to Supreme Court Rule 604(a)(1). If
19the court does not decertify the case as a capital case, the
20matter shall proceed to the eligibility phase of the sentencing
21hearing.
22    (i) Appellate Procedure.
23    The conviction and sentence of death shall be subject to
24automatic review by the Supreme Court. Such review shall be in
25accordance with rules promulgated by the Supreme Court. The
26Illinois Supreme Court may overturn the death sentence, and

 

 

10100SB1968ham001- 304 -LRB101 08002 RLC 74920 a

1order the imposition of imprisonment under Chapter V of the
2Unified Code of Corrections if the court finds that the death
3sentence is fundamentally unjust as applied to the particular
4case. If the Illinois Supreme Court finds that the death
5sentence is fundamentally unjust as applied to the particular
6case, independent of any procedural grounds for relief, the
7Illinois Supreme Court shall issue a written opinion explaining
8this finding.
9    (j) Disposition of reversed death sentence.
10    In the event that the death penalty in this Act is held to
11be unconstitutional by the Supreme Court of the United States
12or of the State of Illinois, any person convicted of first
13degree murder shall be sentenced by the court to a term of
14imprisonment under Chapter V of the Unified Code of
15Corrections.
16    In the event that any death sentence pursuant to the
17sentencing provisions of this Section is declared
18unconstitutional by the Supreme Court of the United States or
19of the State of Illinois, the court having jurisdiction over a
20person previously sentenced to death shall cause the defendant
21to be brought before the court, and the court shall sentence
22the defendant to a term of imprisonment under Chapter V of the
23Unified Code of Corrections.
24    (k) Guidelines for seeking the death penalty.
25    The Attorney General and State's Attorneys Association
26shall consult on voluntary guidelines for procedures governing

 

 

10100SB1968ham001- 305 -LRB101 08002 RLC 74920 a

1whether or not to seek the death penalty. The guidelines do not
2have the force of law and are only advisory in nature.
3(Source: P.A. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18;
4100-863, eff. 8-14-18; 101-223, eff. 1-1-20.)
 
5    (720 ILCS 5/33-3)  (from Ch. 38, par. 33-3)
6    Sec. 33-3. Official misconduct.
7    (a) A public officer or employee or special government
8agent commits misconduct when, in his official capacity or
9capacity as a special government agent, he or she commits any
10of the following acts:
11        (1) Intentionally or recklessly fails to perform any
12    mandatory duty as required by law; or
13        (2) Knowingly performs an act which he knows he is
14    forbidden by law to perform; or
15        (3) With intent to obtain a personal advantage for
16    himself or another, he performs an act in excess of his
17    lawful authority; or
18        (4) Solicits or knowingly accepts for the performance
19    of any act a fee or reward which he knows is not authorized
20    by law.
21    (b) An employee of a law enforcement agency commits
22misconduct when he or she knowingly uses or communicates,
23directly or indirectly, information acquired in the course of
24employment, with the intent to obstruct, impede, or prevent the
25investigation, apprehension, or prosecution of any criminal

 

 

10100SB1968ham001- 306 -LRB101 08002 RLC 74920 a

1offense or person. Nothing in this subsection (b) shall be
2construed to impose liability for communicating to a
3confidential resource, who is participating or aiding law
4enforcement, in an ongoing investigation.
5    (c) A public officer or employee or special government
6agent convicted of violating any provision of this Section
7forfeits his or her office or employment or position as a
8special government agent. In addition, he or she commits a
9Class 3 felony.
10    (d) For purposes of this Section:
11        "Special , "special government agent" has the meaning
12    ascribed to it in subsection (l) of Section 4A-101 of the
13    Illinois Governmental Ethics Act.
14(Source: P.A. 98-867, eff. 1-1-15.)
 
15    (720 ILCS 5/33-9 new)
16    Sec. 33-9. Law enforcement misconduct.
17    (a) A law enforcement officer or a person acting on behalf
18of a law enforcement officer commits law enforcement misconduct
19when, in the performance of his or her official duties, he or
20she knowingly and intentionally:
21        (1) misrepresents or fails to provide facts describing
22    an incident in any report or during any investigations
23    regarding the law enforcement employee's conduct;
24        (2) withholds any knowledge of the misrepresentations
25    of another law enforcement officer from the law enforcement

 

 

10100SB1968ham001- 307 -LRB101 08002 RLC 74920 a

1    employee's supervisor, investigator, or other person or
2    entity tasked with holding the law enforcement officer
3    accountable; or
4        (3) fails to comply with State law or their department
5    policy requiring the use of officer-worn body cameras.
6    (b) Sentence. Law enforcement misconduct is a Class 3
7felony.
 
8    Section 10-255. The Code of Criminal Procedure of 1963 is
9amended by changing the heading of Article 110 by changing
10Sections 102-6, 102-7, 103-5, 103-7, 103-9, 104-13, 104-17,
11106D-1, 107-4, 107-9, 109-1, 109-2, 109-3, 109-3.1, 110-1,
12110-2, 110-3, 110-4, 110-5, 110-5.2, 110-6, 110-6.1, 110-6.2,
13110-6.4, 110-10, 110-11, 110-12, 111-2, 112A-23, 114-1,
14115-4.1, and 122-6 and by adding Section 110-1.5 as follows:
 
15    (725 ILCS 5/102-6)  (from Ch. 38, par. 102-6)
16    Sec. 102-6. Pretrial release "Bail".
17    "Pretrial release" "Bail" has the meaning ascribed to bail
18in Section 9 of Article I of the Illinois Constitution that is
19non-monetary means the amount of money set by the court which
20is required to be obligated and secured as provided by law for
21the release of a person in custody in order that he will appear
22before the court in which his appearance may be required and
23that he will comply with such conditions as set forth in the
24bail bond.

 

 

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1(Source: Laws 1963, p. 2836.)
 
2    (725 ILCS 5/102-7)  (from Ch. 38, par. 102-7)
3    Sec. 102-7. Conditions of pretrial release "Bail bond".
4    "Conditions of pretrial release" "Bail bond" means the
5conditions established by the court an undertaking secured by
6bail entered into by a person in custody by which he binds
7himself to comply with such conditions as are set forth
8therein.
9(Source: Laws 1963, p. 2836.)
 
10    (725 ILCS 5/103-5)  (from Ch. 38, par. 103-5)
11    Sec. 103-5. Speedy trial.)
12    (a) Every person in custody in this State for an alleged
13offense shall be tried by the court having jurisdiction within
14120 days from the date he or she was taken into custody unless
15delay is occasioned by the defendant, by an examination for
16fitness ordered pursuant to Section 104-13 of this Act, by a
17fitness hearing, by an adjudication of unfitness to stand
18trial, by a continuance allowed pursuant to Section 114-4 of
19this Act after a court's determination of the defendant's
20physical incapacity for trial, or by an interlocutory appeal.
21Delay shall be considered to be agreed to by the defendant
22unless he or she objects to the delay by making a written
23demand for trial or an oral demand for trial on the record. The
24provisions of this subsection (a) do not apply to a person on

 

 

10100SB1968ham001- 309 -LRB101 08002 RLC 74920 a

1pretrial release bail or recognizance for an offense but who is
2in custody for a violation of his or her parole, aftercare
3release, or mandatory supervised release for another offense.
4    The 120-day term must be one continuous period of
5incarceration. In computing the 120-day term, separate periods
6of incarceration may not be combined. If a defendant is taken
7into custody a second (or subsequent) time for the same
8offense, the term will begin again at day zero.
9    (b) Every person on pretrial release bail or recognizance
10shall be tried by the court having jurisdiction within 160 days
11from the date defendant demands trial unless delay is
12occasioned by the defendant, by an examination for fitness
13ordered pursuant to Section 104-13 of this Act, by a fitness
14hearing, by an adjudication of unfitness to stand trial, by a
15continuance allowed pursuant to Section 114-4 of this Act after
16a court's determination of the defendant's physical incapacity
17for trial, or by an interlocutory appeal. The defendant's
18failure to appear for any court date set by the court operates
19to waive the defendant's demand for trial made under this
20subsection.
21    For purposes of computing the 160 day period under this
22subsection (b), every person who was in custody for an alleged
23offense and demanded trial and is subsequently released on
24pretrial release bail or recognizance and demands trial, shall
25be given credit for time spent in custody following the making
26of the demand while in custody. Any demand for trial made under

 

 

10100SB1968ham001- 310 -LRB101 08002 RLC 74920 a

1this subsection (b) shall be in writing; and in the case of a
2defendant not in custody, the demand for trial shall include
3the date of any prior demand made under this provision while
4the defendant was in custody.
5    (c) If the court determines that the State has exercised
6without success due diligence to obtain evidence material to
7the case and that there are reasonable grounds to believe that
8such evidence may be obtained at a later day the court may
9continue the cause on application of the State for not more
10than an additional 60 days. If the court determines that the
11State has exercised without success due diligence to obtain
12results of DNA testing that is material to the case and that
13there are reasonable grounds to believe that such results may
14be obtained at a later day, the court may continue the cause on
15application of the State for not more than an additional 120
16days.
17    (d) Every person not tried in accordance with subsections
18(a), (b) and (c) of this Section shall be discharged from
19custody or released from the obligations of his pretrial
20release bail or recognizance.
21    (e) If a person is simultaneously in custody upon more than
22one charge pending against him in the same county, or
23simultaneously demands trial upon more than one charge pending
24against him in the same county, he shall be tried, or adjudged
25guilty after waiver of trial, upon at least one such charge
26before expiration relative to any of such pending charges of

 

 

10100SB1968ham001- 311 -LRB101 08002 RLC 74920 a

1the period prescribed by subsections (a) and (b) of this
2Section. Such person shall be tried upon all of the remaining
3charges thus pending within 160 days from the date on which
4judgment relative to the first charge thus prosecuted is
5rendered pursuant to the Unified Code of Corrections or, if
6such trial upon such first charge is terminated without
7judgment and there is no subsequent trial of, or adjudication
8of guilt after waiver of trial of, such first charge within a
9reasonable time, the person shall be tried upon all of the
10remaining charges thus pending within 160 days from the date on
11which such trial is terminated; if either such period of 160
12days expires without the commencement of trial of, or
13adjudication of guilt after waiver of trial of, any of such
14remaining charges thus pending, such charge or charges shall be
15dismissed and barred for want of prosecution unless delay is
16occasioned by the defendant, by an examination for fitness
17ordered pursuant to Section 104-13 of this Act, by a fitness
18hearing, by an adjudication of unfitness for trial, by a
19continuance allowed pursuant to Section 114-4 of this Act after
20a court's determination of the defendant's physical incapacity
21for trial, or by an interlocutory appeal; provided, however,
22that if the court determines that the State has exercised
23without success due diligence to obtain evidence material to
24the case and that there are reasonable grounds to believe that
25such evidence may be obtained at a later day the court may
26continue the cause on application of the State for not more

 

 

10100SB1968ham001- 312 -LRB101 08002 RLC 74920 a

1than an additional 60 days.
2    (f) Delay occasioned by the defendant shall temporarily
3suspend for the time of the delay the period within which a
4person shall be tried as prescribed by subsections (a), (b), or
5(e) of this Section and on the day of expiration of the delay
6the said period shall continue at the point at which it was
7suspended. Where such delay occurs within 21 days of the end of
8the period within which a person shall be tried as prescribed
9by subsections (a), (b), or (e) of this Section, the court may
10continue the cause on application of the State for not more
11than an additional 21 days beyond the period prescribed by
12subsections (a), (b), or (e). This subsection (f) shall become
13effective on, and apply to persons charged with alleged
14offenses committed on or after, March 1, 1977.
15(Source: P.A. 98-558, eff. 1-1-14.)
 
16    (725 ILCS 5/103-7)  (from Ch. 38, par. 103-7)
17    Sec. 103-7. Posting notice of rights.
18    Every sheriff, chief of police or other person who is in
19charge of any jail, police station or other building where
20persons under arrest are held in custody pending investigation,
21pretrial release bail or other criminal proceedings, shall post
22in every room, other than cells, of such buildings where
23persons are held in custody, in conspicuous places where it may
24be seen and read by persons in custody and others, a poster,
25printed in large type, containing a verbatim copy in the

 

 

10100SB1968ham001- 313 -LRB101 08002 RLC 74920 a

1English language of the provisions of Sections 103-2, 103-3,
2103-4, 109-1, 110-2, 110-4, and sub-parts (a) and (b) of
3Sections 110-7 and 113-3 of this Code. Each person who is in
4charge of any courthouse or other building in which any trial
5of an offense is conducted shall post in each room primarily
6used for such trials and in each room in which defendants are
7confined or wait, pending trial, in conspicuous places where it
8may be seen and read by persons in custody and others, a
9poster, printed in large type, containing a verbatim copy in
10the English language of the provisions of Sections 103-6,
11113-1, 113-4 and 115-1 and of subparts (a) and (b) of Section
12113-3 of this Code.
13(Source: Laws 1965, p. 2622.)
 
14    (725 ILCS 5/103-9)  (from Ch. 38, par. 103-9)
15    Sec. 103-9. Bail bondsmen. No bail bondsman from any state
16may seize or transport unwillingly any person found in this
17State who is allegedly in violation of a bail bond posted in
18some other state or conditions of pretrial release. The return
19of any such person to another state may be accomplished only as
20provided by the laws of this State. Any bail bondsman who
21violates this Section is fully subject to the criminal and
22civil penalties provided by the laws of this State for his
23actions.
24(Source: P.A. 84-694.)
 

 

 

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1    (725 ILCS 5/104-13)  (from Ch. 38, par. 104-13)
2    Sec. 104-13. Fitness Examination.
3    (a) When the issue of fitness involves the defendant's
4mental condition, the court shall order an examination of the
5defendant by one or more licensed physicians, clinical
6psychologists, or psychiatrists chosen by the court. No
7physician, clinical psychologist or psychiatrist employed by
8the Department of Human Services shall be ordered to perform,
9in his official capacity, an examination under this Section.
10    (b) If the issue of fitness involves the defendant's
11physical condition, the court shall appoint one or more
12physicians and in addition, such other experts as it may deem
13appropriate to examine the defendant and to report to the court
14regarding the defendant's condition.
15    (c) An examination ordered under this Section shall be
16given at the place designated by the person who will conduct
17the examination, except that if the defendant is being held in
18custody, the examination shall take place at such location as
19the court directs. No examinations under this Section shall be
20ordered to take place at mental health or developmental
21disabilities facilities operated by the Department of Human
22Services. If the defendant fails to keep appointments without
23reasonable cause or if the person conducting the examination
24reports to the court that diagnosis requires hospitalization or
25extended observation, the court may order the defendant
26admitted to an appropriate facility for an examination, other

 

 

10100SB1968ham001- 315 -LRB101 08002 RLC 74920 a

1than a screening examination, for not more than 7 days. The
2court may, upon a showing of good cause, grant an additional 7
3days to complete the examination.
4    (d) Release on pretrial release bail or on recognizance
5shall not be revoked and an application therefor shall not be
6denied on the grounds that an examination has been ordered.
7    (e) Upon request by the defense and if the defendant is
8indigent, the court may appoint, in addition to the expert or
9experts chosen pursuant to subsection (a) of this Section, a
10qualified expert selected by the defendant to examine him and
11to make a report as provided in Section 104-15. Upon the filing
12with the court of a verified statement of services rendered,
13the court shall enter an order on the county board to pay such
14expert a reasonable fee stated in the order.
15(Source: P.A. 89-507, eff. 7-1-97.)
 
16    (725 ILCS 5/104-17)  (from Ch. 38, par. 104-17)
17    Sec. 104-17. Commitment for treatment; treatment plan.
18    (a) If the defendant is eligible to be or has been released
19on pretrial release bail or on his own recognizance, the court
20shall select the least physically restrictive form of treatment
21therapeutically appropriate and consistent with the treatment
22plan. The placement may be ordered either on an inpatient or an
23outpatient basis.
24    (b) If the defendant's disability is mental, the court may
25order him placed for treatment in the custody of the Department

 

 

10100SB1968ham001- 316 -LRB101 08002 RLC 74920 a

1of Human Services, or the court may order him placed in the
2custody of any other appropriate public or private mental
3health facility or treatment program which has agreed to
4provide treatment to the defendant. If the court orders the
5defendant placed in the custody of the Department of Human
6Services, the Department shall evaluate the defendant to
7determine to which secure facility the defendant shall be
8transported and, within 20 days of the transmittal by the clerk
9of the circuit court of the placement court order, notify the
10sheriff of the designated facility. Upon receipt of that
11notice, the sheriff shall promptly transport the defendant to
12the designated facility. If the defendant is placed in the
13custody of the Department of Human Services, the defendant
14shall be placed in a secure setting. During the period of time
15required to determine the appropriate placement the defendant
16shall remain in jail. If during the course of evaluating the
17defendant for placement, the Department of Human Services
18determines that the defendant is currently fit to stand trial,
19it shall immediately notify the court and shall submit a
20written report within 7 days. In that circumstance the
21placement shall be held pending a court hearing on the
22Department's report. Otherwise, upon completion of the
23placement process, the sheriff shall be notified and shall
24transport the defendant to the designated facility. If, within
2520 days of the transmittal by the clerk of the circuit court of
26the placement court order, the Department fails to notify the

 

 

10100SB1968ham001- 317 -LRB101 08002 RLC 74920 a

1sheriff of the identity of the facility to which the defendant
2shall be transported, the sheriff shall contact a designated
3person within the Department to inquire about when a placement
4will become available at the designated facility and bed
5availability at other facilities. If, within 20 days of the
6transmittal by the clerk of the circuit court of the placement
7court order, the Department fails to notify the sheriff of the
8identity of the facility to which the defendant shall be
9transported, the sheriff shall notify the Department of its
10intent to transfer the defendant to the nearest secure mental
11health facility operated by the Department and inquire as to
12the status of the placement evaluation and availability for
13admission to such facility operated by the Department by
14contacting a designated person within the Department. The
15Department shall respond to the sheriff within 2 business days
16of the notice and inquiry by the sheriff seeking the transfer
17and the Department shall provide the sheriff with the status of
18the evaluation, information on bed and placement availability,
19and an estimated date of admission for the defendant and any
20changes to that estimated date of admission. If the Department
21notifies the sheriff during the 2 business day period of a
22facility operated by the Department with placement
23availability, the sheriff shall promptly transport the
24defendant to that facility. The placement may be ordered either
25on an inpatient or an outpatient basis.
26    (c) If the defendant's disability is physical, the court

 

 

10100SB1968ham001- 318 -LRB101 08002 RLC 74920 a

1may order him placed under the supervision of the Department of
2Human Services which shall place and maintain the defendant in
3a suitable treatment facility or program, or the court may
4order him placed in an appropriate public or private facility
5or treatment program which has agreed to provide treatment to
6the defendant. The placement may be ordered either on an
7inpatient or an outpatient basis.
8    (d) The clerk of the circuit court shall within 5 days of
9the entry of the order transmit to the Department, agency or
10institution, if any, to which the defendant is remanded for
11treatment, the following:
12        (1) a certified copy of the order to undergo treatment.
13    Accompanying the certified copy of the order to undergo
14    treatment shall be the complete copy of any report prepared
15    under Section 104-15 of this Code or other report prepared
16    by a forensic examiner for the court;
17        (2) the county and municipality in which the offense
18    was committed;
19        (3) the county and municipality in which the arrest
20    took place;
21        (4) a copy of the arrest report, criminal charges,
22    arrest record; and
23        (5) all additional matters which the Court directs the
24    clerk to transmit.
25    (e) Within 30 days of entry of an order to undergo
26treatment, the person supervising the defendant's treatment

 

 

10100SB1968ham001- 319 -LRB101 08002 RLC 74920 a

1shall file with the court, the State, and the defense a report
2assessing the facility's or program's capacity to provide
3appropriate treatment for the defendant and indicating his
4opinion as to the probability of the defendant's attaining
5fitness within a period of time from the date of the finding of
6unfitness. For a defendant charged with a felony, the period of
7time shall be one year. For a defendant charged with a
8misdemeanor, the period of time shall be no longer than the
9sentence if convicted of the most serious offense. If the
10report indicates that there is a substantial probability that
11the defendant will attain fitness within the time period, the
12treatment supervisor shall also file a treatment plan which
13shall include:
14        (1) A diagnosis of the defendant's disability;
15        (2) A description of treatment goals with respect to
16    rendering the defendant fit, a specification of the
17    proposed treatment modalities, and an estimated timetable
18    for attainment of the goals;
19        (3) An identification of the person in charge of
20    supervising the defendant's treatment.
21(Source: P.A. 99-140, eff. 1-1-16; 100-27, eff. 1-1-18.)
 
22    (725 ILCS 5/106D-1)
23    Sec. 106D-1. Defendant's appearance by closed circuit
24television and video conference.
25    (a) Whenever the appearance in person in court, in either a

 

 

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1civil or criminal proceeding, is required of anyone held in a
2place of custody or confinement operated by the State or any of
3its political subdivisions, including counties and
4municipalities, the chief judge of the circuit by rule may
5permit the personal appearance to be made by means of two-way
6audio-visual communication, including closed circuit
7television and computerized video conference, in the following
8proceedings:
9        (1) the initial appearance before a judge on a criminal
10    complaint, at which the conditions of pretrial release bail
11    will be set;
12        (2) the waiver of a preliminary hearing;
13        (3) the arraignment on an information or indictment at
14    which a plea of not guilty will be entered;
15        (4) the presentation of a jury waiver;
16        (5) any status hearing;
17        (6) any hearing conducted under the Sexually Violent
18    Persons Commitment Act at which no witness testimony will
19    be taken; and
20        (7) at any hearing conducted under the Sexually Violent
21    Persons Commitment Act at which no witness testimony will
22    be taken.
23    (b) The two-way audio-visual communication facilities must
24provide two-way audio-visual communication between the court
25and the place of custody or confinement, and must include a
26secure line over which the person in custody and his or her

 

 

10100SB1968ham001- 321 -LRB101 08002 RLC 74920 a

1counsel, if any, may communicate.
2    (c) Nothing in this Section shall be construed to prohibit
3other court appearances through the use of two-way audio-visual
4communication, upon waiver of any right the person in custody
5or confinement may have to be present physically.
6    (d) Nothing in this Section shall be construed to establish
7a right of any person held in custody or confinement to appear
8in court through two-way audio-visual communication or to
9require that any governmental entity, or place of custody or
10confinement, provide two-way audio-visual communication.
11(Source: P.A. 95-263, eff. 8-17-07.)
 
12    (725 ILCS 5/107-4)  (from Ch. 38, par. 107-4)
13    Sec. 107-4. Arrest by peace officer from other
14jurisdiction.
15    (a) As used in this Section:
16        (1) "State" means any State of the United States and
17    the District of Columbia.
18        (2) "Peace Officer" means any peace officer or member
19    of any duly organized State, County, or Municipal peace
20    unit, any police force of another State, the United States
21    Department of Defense, or any police force whose members,
22    by statute, are granted and authorized to exercise powers
23    similar to those conferred upon any peace officer employed
24    by a law enforcement agency of this State.
25        (3) "Fresh pursuit" means the immediate pursuit of a

 

 

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1    person who is endeavoring to avoid arrest.
2        (4) "Law enforcement agency" means a municipal police
3    department or county sheriff's office of this State.
4    (a-3) Any peace officer employed by a law enforcement
5agency of this State may conduct temporary questioning pursuant
6to Section 107-14 of this Code and may make arrests in any
7jurisdiction within this State: (1) if the officer is engaged
8in the investigation of criminal activity that occurred in the
9officer's primary jurisdiction and the temporary questioning
10or arrest relates to, arises from, or is conducted pursuant to
11that investigation; or (2) if the officer, while on duty as a
12peace officer, becomes personally aware of the immediate
13commission of a felony or misdemeanor violation of the laws of
14this State; or (3) if the officer, while on duty as a peace
15officer, is requested by an appropriate State or local law
16enforcement official to render aid or assistance to the
17requesting law enforcement agency that is outside the officer's
18primary jurisdiction; or (4) in accordance with Section
192605-580 of the Department of State Police Law of the Civil
20Administrative Code of Illinois. While acting pursuant to this
21subsection, an officer has the same authority as within his or
22her own jurisdiction.
23    (a-7) The law enforcement agency of the county or
24municipality in which any arrest is made under this Section
25shall be immediately notified of the arrest.
26    (b) Any peace officer of another State who enters this

 

 

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1State in fresh pursuit and continues within this State in fresh
2pursuit of a person in order to arrest him on the ground that
3he has committed an offense in the other State has the same
4authority to arrest and hold the person in custody as peace
5officers of this State have to arrest and hold a person in
6custody on the ground that he has committed an offense in this
7State.
8    (c) If an arrest is made in this State by a peace officer
9of another State in accordance with the provisions of this
10Section he shall without unnecessary delay take the person
11arrested before the circuit court of the county in which the
12arrest was made. Such court shall conduct a hearing for the
13purpose of determining the lawfulness of the arrest. If the
14court determines that the arrest was lawful it shall commit the
15person arrested, to await for a reasonable time the issuance of
16an extradition warrant by the Governor of this State, or admit
17him to pretrial release bail for such purpose. If the court
18determines that the arrest was unlawful it shall discharge the
19person arrested.
20(Source: P.A. 98-576, eff. 1-1-14.)
 
21    (725 ILCS 5/107-9)  (from Ch. 38, par. 107-9)
22    Sec. 107-9. Issuance of arrest warrant upon complaint.
23    (a) When a complaint is presented to a court charging that
24an offense has been committed it shall examine upon oath or
25affirmation the complainant or any witnesses.

 

 

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1    (b) The complaint shall be in writing and shall:
2        (1) State the name of the accused if known, and if not
3    known the accused may be designated by any name or
4    description by which he can be identified with reasonable
5    certainty;
6        (2) State the offense with which the accused is
7    charged;
8        (3) State the time and place of the offense as
9    definitely as can be done by the complainant; and
10        (4) Be subscribed and sworn to by the complainant.
11    (b-5) If an arrest warrant is sought and the request is
12made by electronic means that has a simultaneous video and
13audio transmission between the requester and a judge, the judge
14may issue an arrest warrant based upon a sworn complaint or
15sworn testimony communicated in the transmission.
16    (c) A warrant shall be issued by the court for the arrest
17of the person complained against if it appears from the
18contents of the complaint and the examination of the
19complainant or other witnesses, if any, that the person against
20whom the complaint was made has committed an offense.
21    (d) The warrant of arrest shall:
22        (1) Be in writing;
23        (2) Specify the name, sex and birth date of the person
24    to be arrested or if his name, sex or birth date is
25    unknown, shall designate such person by any name or
26    description by which he can be identified with reasonable

 

 

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1    certainty;
2        (3) Set forth the nature of the offense;
3        (4) State the date when issued and the municipality or
4    county where issued;
5        (5) Be signed by the judge of the court with the title
6    of his office;
7        (6) Command that the person against whom the complaint
8    was made be arrested and brought before the court issuing
9    the warrant or if he is absent or unable to act before the
10    nearest or most accessible court in the same county;
11        (7) Specify the conditions of pretrial release amount
12    of bail; and
13        (8) Specify any geographical limitation placed on the
14    execution of the warrant, but such limitation shall not be
15    expressed in mileage.
16    (e) The warrant shall be directed to all peace officers in
17the State. It shall be executed by the peace officer, or by a
18private person specially named therein, at any location within
19the geographic limitation for execution placed on the warrant.
20If no geographic limitation is placed on the warrant, then it
21may be executed anywhere in the State.
22    (f) The arrest warrant may be issued electronically or
23electromagnetically by use of electronic mail or a facsimile
24transmission machine and any arrest warrant shall have the same
25validity as a written warrant.
26(Source: P.A. 101-239, eff. 1-1-20.)
 

 

 

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1    (725 ILCS 5/109-1)  (from Ch. 38, par. 109-1)
2    Sec. 109-1. Person arrested; release from law enforcement
3custody and court appearance; geographical constraints prevent
4in-person appearances.
5    (a) A person arrested with or without a warrant for an
6offense for which pretrial release may be denied under
7paragraphs (1) through (6) of Section 110-6.1 shall be taken
8without unnecessary delay before the nearest and most
9accessible judge in that county, except when such county is a
10participant in a regional jail authority, in which event such
11person may be taken to the nearest and most accessible judge,
12irrespective of the county where such judge presides, and a
13charge shall be filed. Whenever a person arrested either with
14or without a warrant is required to be taken before a judge, a
15charge may be filed against such person by way of a two-way
16closed circuit television system, except that a hearing to deny
17pretrial release bail to the defendant may not be conducted by
18way of closed circuit television.
19    (a-1) Law enforcement shall issue a citation in lieu of
20custodial arrest, upon proper identification, for those
21accused of traffic and Class B and C criminal misdemeanor
22offenses, or of petty and business offenses, who pose no
23obvious threat to the community or any person, or who have no
24obvious medical or mental health issues that pose a risk to
25their own safety. Those released on citation shall be scheduled

 

 

10100SB1968ham001- 327 -LRB101 08002 RLC 74920 a

1into court within 21 days.
2    (a-3) A person arrested with or without a warrant for an
3offense for which pretrial release may not be denied may,
4except as otherwise provided in this Code, be released by the
5officer without appearing before a judge. The releasing officer
6shall issue the person a summons to appear within 21 days. A
7presumption in favor of pretrial release shall by applied by an
8arresting officer in the exercise of his or her discretion
9under this Section.
10    (a-5) A person charged with an offense shall be allowed
11counsel at the hearing at which pretrial release bail is
12determined under Article 110 of this Code. If the defendant
13desires counsel for his or her initial appearance but is unable
14to obtain counsel, the court shall appoint a public defender or
15licensed attorney at law of this State to represent him or her
16for purposes of that hearing.
17    (b) Upon initial appearance of a person before the court,
18the The judge shall:
19        (1) inform Inform the defendant of the charge against
20    him and shall provide him with a copy of the charge;
21        (2) advise Advise the defendant of his right to counsel
22    and if indigent shall appoint a public defender or licensed
23    attorney at law of this State to represent him in
24    accordance with the provisions of Section 113-3 of this
25    Code;
26        (3) schedule Schedule a preliminary hearing in

 

 

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1    appropriate cases;
2        (4) admit Admit the defendant to pretrial release bail
3    in accordance with the provisions of Article 110/5 110 of
4    this Code, or upon verified petition of the State, proceed
5    with the setting of a detention hearing as provided in
6    Section 110-6.1; and
7        (5) Order the confiscation of the person's passport or
8    impose travel restrictions on a defendant arrested for
9    first degree murder or other violent crime as defined in
10    Section 3 of the Rights of Crime Victims and Witnesses Act,
11    if the judge determines, based on the factors in Section
12    110-5 of this Code, that this will reasonably ensure the
13    appearance of the defendant and compliance by the defendant
14    with all conditions of release.
15    (c) The court may issue an order of protection in
16accordance with the provisions of Article 112A of this Code.
17Crime victims shall be given notice by the State's Attorney's
18office of this hearing as required in paragraph (2) of
19subsection (b) of the Rights of Crime Victims and Witnesses Act
20and shall be informed of their opportunity at this hearing to
21obtain an order of protection under Article 112A of this Code.
22    (d) At the initial appearance of a defendant in any
23criminal proceeding, the court must advise the defendant in
24open court that any foreign national who is arrested or
25detained has the right to have notice of the arrest or
26detention given to his or her country's consular

 

 

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1representatives and the right to communicate with those
2consular representatives if the notice has not already been
3provided. The court must make a written record of so advising
4the defendant.
5    (e) If consular notification is not provided to a defendant
6before his or her first appearance in court, the court shall
7grant any reasonable request for a continuance of the
8proceedings to allow contact with the defendant's consulate.
9Any delay caused by the granting of the request by a defendant
10shall temporarily suspend for the time of the delay the period
11within which a person shall be tried as prescribed by
12subsections (a), (b), or (e) of Section 103-5 of this Code and
13on the day of the expiration of delay the period shall continue
14at the point at which it was suspended.
15    (f) At the hearing at which conditions of pretrial release
16are determined, the person charged shall be present in person
17rather than by video phone or any other form of electronic
18communication, unless the physical health and safety of the
19person would be endangered by appearing in court or the accused
20waives the right to be present in person.
21    (g) Defense counsel shall be given adequate opportunity to
22confer with Defendant prior to any hearing in which conditions
23of release or the detention of the Defendant is to be
24considered, with a physical accommodation made to facilitate
25attorney/client consultation.
26(Source: P.A. 99-78, eff. 7-20-15; 99-190, eff. 1-1-16; 100-1,

 

 

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1eff. 1-1-18.)
 
2    (725 ILCS 5/109-2)  (from Ch. 38, par. 109-2)
3    Sec. 109-2. Person arrested in another county. (a) Any
4person arrested in a county other than the one in which a
5warrant for his arrest was issued shall be taken without
6unnecessary delay before the nearest and most accessible judge
7in the county where the arrest was made or, if no additional
8delay is created, before the nearest and most accessible judge
9in the county from which the warrant was issued. Upon arrival
10in the county in which the warrant was issued, the status of
11the arrested person's release status shall be determined by the
12release revocation process described in Section 110-6. He shall
13be admitted to bail in the amount specified in the warrant or,
14for offenses other than felonies, in an amount as set by the
15judge, and such bail shall be conditioned on his appearing in
16the court issuing the warrant on a certain date. The judge may
17hold a hearing to determine if the defendant is the same person
18as named in the warrant.
19    (b) Notwithstanding the provisions of subsection (a), any
20person arrested in a county other than the one in which a
21warrant for his arrest was issued, may waive the right to be
22taken before a judge in the county where the arrest was made.
23If a person so arrested waives such right, the arresting agency
24shall surrender such person to a law enforcement agency of the
25county that issued the warrant without unnecessary delay. The

 

 

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1provisions of Section 109-1 shall then apply to the person so
2arrested.
3    (c) If a defendant is charged with a felony offense, but
4has a warrant in another county, the defendant shall be taken
5to the county that issued the warrant within 72 hours of the
6completion of condition or detention hearing, so that release
7or detention status can be resolved. This provision shall not
8apply to warrants issued outside of Illinois.
9(Source: P.A. 86-298.)
 
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
13court having jurisdiction of the offense if from the evidence
14it appears there is probable cause to believe an offense has
15been committed by the defendant, as provided in Section 109-3.1
16of this Code, if the offense is a felony.
17    (b) If the defendant waives preliminary examination the
18judge shall hold him to answer and may, or on the demand of the
19prosecuting attorney shall, cause the witnesses for the State
20to be examined. After hearing the testimony if it appears that
21there is not probable cause to believe the defendant guilty of
22any offense the judge shall discharge him.
23    (c) During the examination of any witness or when the
24defendant is making a statement or testifying the judge may and
25on the request of the defendant or State shall exclude all

 

 

10100SB1968ham001- 332 -LRB101 08002 RLC 74920 a

1other witnesses. He may also cause the witnesses to be kept
2separate and to be prevented from communicating with each other
3until all are examined.
4    (d) If the defendant is held to answer the judge may
5require any material witness for the State or defendant to
6enter into a written undertaking to appear at the trial, and
7may provide for the forfeiture of a sum certain in the event
8the witness does not appear at the trial. Any witness who
9refuses to execute a recognizance may be committed by the judge
10to the custody of the sheriff until trial or further order of
11the court having jurisdiction of the cause. Any witness who
12executes a recognizance and fails to comply with its terms
13shall, in addition to any forfeiture provided in the
14recognizance, be subject to the penalty provided in Section
1532-10 of the Criminal Code of 2012 for violation of the
16conditions of pretrial release bail bond.
17    (e) During preliminary hearing or examination the
18defendant may move for an order of suppression of evidence
19pursuant to Section 114-11 or 114-12 of this Act or for other
20reasons, and may move for dismissal of the charge pursuant to
21Section 114-1 of this Act or for other reasons.
22(Source: P.A. 97-1150, eff. 1-25-13.)
 
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
25case involving a person charged with a felony in this State,

 

 

10100SB1968ham001- 333 -LRB101 08002 RLC 74920 a

1alleged to have been committed on or after January 1, 1984, the
2provisions of this Section shall apply.
3    (b) Every person in custody in this State for the alleged
4commission of a felony shall receive either a preliminary
5examination as provided in Section 109-3 or an indictment by
6Grand Jury as provided in Section 111-2, within 30 days from
7the date he or she was taken into custody. Every person on
8pretrial release bail or recognizance for the alleged
9commission of a felony shall receive either a preliminary
10examination as provided in Section 109-3 or an indictment by
11Grand Jury as provided in Section 111-2, within 60 days from
12the date he or she was arrested.
13The provisions of this paragraph shall not apply in the
14following situations:
15    (1) when delay is occasioned by the defendant; or
16    (2) when the defendant has been indicted by the Grand Jury
17on the felony offense for which he or she was initially taken
18into custody or on an offense arising from the same transaction
19or conduct of the defendant that was the basis for the felony
20offense or offenses initially charged; or
21    (3) when a competency examination is ordered by the court;
22or
23    (4) when a competency hearing is held; or
24    (5) when an adjudication of incompetency for trial has been
25made; or
26    (6) when the case has been continued by the court under

 

 

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1Section 114-4 of this Code after a determination that the
2defendant is physically incompetent to stand trial.
3    (c) Delay occasioned by the defendant shall temporarily
4suspend, for the time of the delay, the period within which the
5preliminary examination must be held. On the day of expiration
6of the delay the period in question shall continue at the point
7at which it was suspended.
8(Source: P.A. 83-644.)
 
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
13which is required to be pledged to insure the payment of bail.
14    (b) "Sureties" encompasses the monetary and nonmonetary
15requirements set by the court as conditions for release either
16before or after conviction. "Surety" is one who executes a bail
17bond and binds himself to pay the bail if the person in custody
18fails to comply with all conditions of the bail bond.
19    (c) The phrase "for which a sentence of imprisonment,
20without conditional and revocable release, shall be imposed by
21law as a consequence of conviction" means an offense for which
22a sentence of imprisonment, without probation, periodic
23imprisonment or conditional discharge, is required by law upon
24conviction.

 

 

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1    (d) (Blank.) "Real and present threat to the physical
2safety of any person or persons", as used in this Article,
3includes a threat to the community, person, persons or class of
4persons.
5    (e) Willful flight means planning or attempting to
6intentionally evade prosecution by concealing oneself. Simple
7past non-appearance in court alone is not evidence of future
8intent to evade prosecution.
9(Source: P.A. 85-892.)
 
10    (725 ILCS 5/110-1.5 new)
11    Sec. 110-1.5. Abolition of monetary bail. On and after
12January 1, 2023, the requirement of posting monetary bail is
13abolished, except as provided in the Uniform Criminal
14Extradition Act, the Driver License Compact, or the Nonresident
15Violator Compact which are compacts that have been entered into
16between this State and its sister states.
 
17    (725 ILCS 5/110-2)  (from Ch. 38, par. 110-2)
18    Sec. 110-2. Release on own recognizance.
19    (a) It is presumed that a defendant is entitled to release
20on personal recognizance on the condition that the defendant
21attend all required court proceedings and the defendant does
22not commit any criminal offense, and complies with all terms of
23pretrial release, including, but not limited to, orders of
24protection under both Section 112A-4 of this Code and Section

 

 

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1214 of the Illinois Domestic Violence Act of 1986, all civil no
2contact orders, and all stalking no contact orders.
3    (b) Additional conditions of release, including those
4highlighted above, shall be set only when it is determined that
5they are necessary to assure the defendant's appearance in
6court, assure the defendant does not commit any criminal
7offense, and complies with all conditions of pretrial release.
8    (c) Detention only shall be imposed when it is determined
9that the defendant poses a specific, real and present threat to
10a person, or has a high likelihood of willful flight. If the
11court deems that the defendant is to be released on personal
12recognizance, the court may require that a written admonishment
13be signed by When from all the circumstances the court is of
14the opinion that the defendant will appear as required either
15before or after conviction and the defendant will not pose a
16danger to any person or the community and that the defendant
17will comply with all conditions of bond, which shall include
18the defendant's current address with a written admonishment to
19the defendant requiring that he or she must comply with the
20provisions of Section 110-12 of this Code regarding any change
21in his or her address. The , the defendant may be released on
22his or her own recognizance upon signature. The defendant's
23address shall at all times remain a matter of public record
24with the clerk of the court. A failure to appear as required by
25such recognizance shall constitute an offense subject to the
26penalty provided in Section 32-10 of the Criminal Code of 2012

 

 

10100SB1968ham001- 337 -LRB101 08002 RLC 74920 a

1for violation of the conditions of pretrial release bail bond,
2and any obligated sum fixed in the recognizance shall be
3forfeited and collected in accordance with subsection (g) of
4Section 110-7 of this Code.
5    (d) If, after the procedures set out in Section 110-6.1,
6the court decides to detain the defendant, the Court must make
7a written finding as to why less restrictive conditions would
8not assure safety to the community and assure the defendant's
9appearance in court. At each subsequent appearance of the
10defendant before the Court, the judge must find that continued
11detention or the current set of conditions imposed are
12necessary to avoid the specific, real and present threat to any
13person or of willful flight from prosecution to continue
14detention of the defendant. The court is not required to be
15presented with new information or a change in circumstance to
16consider reconsidering pretrial detention on current
17conditions.
18    (e) This Section shall be liberally construed to effectuate
19the purpose of relying upon contempt of court proceedings or
20criminal sanctions instead of financial loss to assure the
21appearance of the defendant, and that the defendant will not
22pose a danger to any person or the community and that the
23defendant will not pose comply with all conditions of bond.
24Monetary bail should be set only when it is determined that no
25other conditions of release will reasonably assure the
26defendant's appearance in court, that the defendant does not

 

 

10100SB1968ham001- 338 -LRB101 08002 RLC 74920 a

1present a danger to any person or the community and that the
2defendant will comply with all conditions of pretrial release
3bond.
4    The State may appeal any order permitting release by
5personal recognizance.
6(Source: P.A. 97-1150, eff. 1-25-13.)
 
7    (725 ILCS 5/110-3)  (from Ch. 38, par. 110-3)
8    Sec. 110-3. Options for warrant alternatives Issuance of
9warrant.
10    (a) Upon failure to comply with any condition of pretrial
11release a bail bond or recognizance the court having
12jurisdiction at the time of such failure may, on its own motion
13or upon motion from the State, issue an order to show cause as
14to why he or she shall not be subject to revocation of pretrial
15release, or for sanctions, as provided in Section 110-6.
16Nothing in this Section prohibits the court from issuing a
17warrant under subsection (c) upon failure to comply with any
18condition of pretrial release or recognizance.
19    (b) The order issued by the court shall state the facts
20alleged to constitute the hearing to show cause or otherwise
21why the person is subject to revocation of pretrial release. A
22certified copy of the order shall be served upon the person at
23least 48 hours in advance of the scheduled hearing.
24    (c) If the person does not appear at the hearing to show
25cause or absconds, the court may, in addition to any other

 

 

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1action provided by law, issue a warrant for the arrest of the
2person at liberty on pretrial release bail or his own
3recognizance. The contents of such a warrant shall be the same
4as required for an arrest warrant issued upon complaint and may
5modify any previously imposed conditions placed upon the
6person, rather than revoking pretrial release or issuing a
7warrant for the person in accordance with the requirements in
8subsections (d) and (e) of Section 110-5. When a defendant is
9at liberty on pretrial release bail or his own recognizance on
10a felony charge and fails to appear in court as directed, the
11court may shall issue a warrant for the arrest of such person
12after his or her failure to appear at the show for cause
13hearing as provided in this Section. Such warrant shall be
14noted with a directive to peace officers to arrest the person
15and hold such person without pretrial release bail and to
16deliver such person before the court for further proceedings.
17    (d) If the order as described in Subsection B is issued, a
18failure to appear shall not be recorded until the Defendant
19fails to appear at the hearing to show cause. For the purpose
20of any risk assessment or future evaluation of risk of willful
21flight or risk of failure to appear, a non-appearance in court
22cured by an appearance at the hearing to show cause shall not
23be considered as evidence of future likelihood appearance in
24court. A defendant who is arrested or surrenders within 30 days
25of the issuance of such warrant shall not be bailable in the
26case in question unless he shows by the preponderance of the

 

 

10100SB1968ham001- 340 -LRB101 08002 RLC 74920 a

1evidence that his failure to appear was not intentional.
2(Source: P.A. 86-298; 86-984; 86-1028.)
 
3    (725 ILCS 5/110-4)  (from Ch. 38, par. 110-4)
4    Sec. 110-4. Pretrial release Bailable Offenses.
5    (a) All persons charged with an offense shall be eligible
6for pretrial release before conviction. Pretrial release may
7only be denied when a person is charged with an offense listed
8in Section 110-6.1 or when the defendant has a high likelihood
9of willful flight, and after the court has held a hearing under
10Section 110-6.1. All persons shall be bailable before
11conviction, except the following offenses where the proof is
12evident or the presumption great that the defendant is guilty
13of the offense: capital offenses; offenses for which a sentence
14of life imprisonment may be imposed as a consequence of
15conviction; felony offenses for which a sentence of
16imprisonment, without conditional and revocable release, shall
17be imposed by law as a consequence of conviction, where the
18court after a hearing, determines that the release of the
19defendant would pose a real and present threat to the physical
20safety of any person or persons; stalking or aggravated
21stalking, where the court, after a hearing, determines that the
22release of the defendant would pose a real and present threat
23to the physical safety of the alleged victim of the offense and
24denial of bail is necessary to prevent fulfillment of the
25threat upon which the charge is based; or unlawful use of

 

 

10100SB1968ham001- 341 -LRB101 08002 RLC 74920 a

1weapons in violation of item (4) of subsection (a) of Section
224-1 of the Criminal Code of 1961 or the Criminal Code of 2012
3when that offense occurred in a school or in any conveyance
4owned, leased, or contracted by a school to transport students
5to or from school or a school-related activity, or on any
6public way within 1,000 feet of real property comprising any
7school, where the court, after a hearing, determines that the
8release of the defendant would pose a real and present threat
9to the physical safety of any person and denial of bail is
10necessary to prevent fulfillment of that threat; or making a
11terrorist threat in violation of Section 29D-20 of the Criminal
12Code of 1961 or the Criminal Code of 2012 or an attempt to
13commit the offense of making a terrorist threat, where the
14court, after a hearing, determines that the release of the
15defendant would pose a real and present threat to the physical
16safety of any person and denial of bail is necessary to prevent
17fulfillment of that threat.
18    (b) A person seeking pretrial release on bail who is
19charged with a capital offense or an offense for which a
20sentence of life imprisonment may be imposed shall not be
21eligible for release pretrial bailable until a hearing is held
22wherein such person has the burden of demonstrating that the
23proof of his guilt is not evident and the presumption is not
24great.
25    (c) Where it is alleged that pretrial bail should be denied
26to a person upon the grounds that the person presents a real

 

 

10100SB1968ham001- 342 -LRB101 08002 RLC 74920 a

1and present threat to the physical safety of any person or
2persons, the burden of proof of such allegations shall be upon
3the State.
4    (d) When it is alleged that pretrial bail should be denied
5to a person charged with stalking or aggravated stalking upon
6the grounds set forth in Section 110-6.3 of this Code, the
7burden of proof of those allegations shall be upon the State.
8(Source: P.A. 97-1150, eff. 1-25-13.)
 
9    (725 ILCS 5/110-5)  (from Ch. 38, par. 110-5)
10    Sec. 110-5. Determining the amount of bail and conditions
11of release.
12    (a) In determining which the amount of monetary bail or
13conditions of pretrial release, if any, which will reasonably
14assure the appearance of a defendant as required or the safety
15of any other person or the community and the likelihood of
16compliance by the defendant with all the conditions of pretrial
17release bail, the court shall, on the basis of available
18information, take into account such matters as:
19        (1) the nature and circumstances of the offense
20    charged;
21        (2) the weight of the evidence against the eligible
22    defendant, except that the court may consider the
23    admissibility of any evidence sought to be excluded;
24        (3) the history and characteristics of the eligible
25    defendant, including:

 

 

10100SB1968ham001- 343 -LRB101 08002 RLC 74920 a

1            (A) the eligible defendant's character, physical
2        and mental condition, family ties, employment,
3        financial resources, length of residence in the
4        community, community ties, past relating to drug or
5        alcohol abuse, conduct, history criminal history, and
6        record concerning appearance at court proceedings; and
7            (B) whether, at the time of the current offense or
8        arrest, the eligible defendant was on probation,
9        parole, or on other release pending trial, sentencing,
10        appeal, or completion of sentence for an offense under
11        federal law, or the law of this or any other state;
12            (4) the nature and seriousness of the specific,
13        real and present threat to any person that would be
14        posed by the eligible defendant's release, if
15        applicable; as required under paragraph (7.5) of
16        Section 4 of the Rights of Crime Victims and Witnesses
17        Act; and
18        (5) the nature and seriousness of the risk of
19        obstructing or attempting to obstruct the criminal
20        justice process that would be posed by the eligible
21        defendant's release, if applicable.
22    (b) The court shall impose any conditions that are
23mandatory under Section 110-10. The court may impose any
24conditions that are permissible under Section 110-10. , whether
25the evidence shows that as part of the offense there was a use
26of violence or threatened use of violence, whether the offense

 

 

10100SB1968ham001- 344 -LRB101 08002 RLC 74920 a

1involved corruption of public officials or employees, whether
2there was physical harm or threats of physical harm to any
3public official, public employee, judge, prosecutor, juror or
4witness, senior citizen, child, or person with a disability,
5whether evidence shows that during the offense or during the
6arrest the defendant possessed or used a firearm, machine gun,
7explosive or metal piercing ammunition or explosive bomb device
8or any military or paramilitary armament, whether the evidence
9shows that the offense committed was related to or in
10furtherance of the criminal activities of an organized gang or
11was motivated by the defendant's membership in or allegiance to
12an organized gang, the condition of the victim, any written
13statement submitted by the victim or proffer or representation
14by the State regarding the impact which the alleged criminal
15conduct has had on the victim and the victim's concern, if any,
16with further contact with the defendant if released on bail,
17whether the offense was based on racial, religious, sexual
18orientation or ethnic hatred, the likelihood of the filing of a
19greater charge, the likelihood of conviction, the sentence
20applicable upon conviction, the weight of the evidence against
21such defendant, whether there exists motivation or ability to
22flee, whether there is any verification as to prior residence,
23education, or family ties in the local jurisdiction, in another
24county, state or foreign country, the defendant's employment,
25financial resources, character and mental condition, past
26conduct, prior use of alias names or dates of birth, and length

 

 

10100SB1968ham001- 345 -LRB101 08002 RLC 74920 a

1of residence in the community, the consent of the defendant to
2periodic drug testing in accordance with Section 110-6.5,
3whether a foreign national defendant is lawfully admitted in
4the United States of America, whether the government of the
5foreign national maintains an extradition treaty with the
6United States by which the foreign government will extradite to
7the United States its national for a trial for a crime
8allegedly committed in the United States, whether the defendant
9is currently subject to deportation or exclusion under the
10immigration laws of the United States, whether the defendant,
11although a United States citizen, is considered under the law
12of any foreign state a national of that state for the purposes
13of extradition or non-extradition to the United States, the
14amount of unrecovered proceeds lost as a result of the alleged
15offense, the source of bail funds tendered or sought to be
16tendered for bail, whether from the totality of the court's
17consideration, the loss of funds posted or sought to be posted
18for bail will not deter the defendant from flight, whether the
19evidence shows that the defendant is engaged in significant
20possession, manufacture, or delivery of a controlled substance
21or cannabis, either individually or in consort with others,
22whether at the time of the offense charged he or she was on
23bond or pre-trial release pending trial, probation, periodic
24imprisonment or conditional discharge pursuant to this Code or
25the comparable Code of any other state or federal jurisdiction,
26whether the defendant is on bond or pre-trial release pending

 

 

10100SB1968ham001- 346 -LRB101 08002 RLC 74920 a

1the imposition or execution of sentence or appeal of sentence
2for any offense under the laws of Illinois or any other state
3or federal jurisdiction, whether the defendant is under parole,
4aftercare release, mandatory supervised release, or work
5release from the Illinois Department of Corrections or Illinois
6Department of Juvenile Justice or any penal institution or
7corrections department of any state or federal jurisdiction,
8the defendant's record of convictions, whether the defendant
9has been convicted of a misdemeanor or ordinance offense in
10Illinois or similar offense in other state or federal
11jurisdiction within the 10 years preceding the current charge
12or convicted of a felony in Illinois, whether the defendant was
13convicted of an offense in another state or federal
14jurisdiction that would be a felony if committed in Illinois
15within the 20 years preceding the current charge or has been
16convicted of such felony and released from the penitentiary
17within 20 years preceding the current charge if a penitentiary
18sentence was imposed in Illinois or other state or federal
19jurisdiction, the defendant's records of juvenile adjudication
20of delinquency in any jurisdiction, any record of appearance or
21failure to appear by the defendant at court proceedings,
22whether there was flight to avoid arrest or prosecution,
23whether the defendant escaped or attempted to escape to avoid
24arrest, whether the defendant refused to identify himself or
25herself, or whether there was a refusal by the defendant to be
26fingerprinted as required by law. Information used by the court

 

 

10100SB1968ham001- 347 -LRB101 08002 RLC 74920 a

1in its findings or stated in or offered in connection with this
2Section may be by way of proffer based upon reliable
3information offered by the State or defendant. All evidence
4shall be admissible if it is relevant and reliable regardless
5of whether it would be admissible under the rules of evidence
6applicable at criminal trials. If the State presents evidence
7that the offense committed by the defendant was related to or
8in furtherance of the criminal activities of an organized gang
9or was motivated by the defendant's membership in or allegiance
10to an organized gang, and if the court determines that the
11evidence may be substantiated, the court shall prohibit the
12defendant from associating with other members of the organized
13gang as a condition of bail or release. For the purposes of
14this Section, "organized gang" has the meaning ascribed to it
15in Section 10 of the Illinois Streetgang Terrorism Omnibus
16Prevention Act.
17    (a-5) There shall be a presumption that any conditions of
18release imposed shall be non-monetary in nature and the court
19shall impose the least restrictive conditions or combination of
20conditions necessary to reasonably assure the appearance of the
21defendant for further court proceedings and protect the
22integrity of the judicial proceedings from a specific threat to
23a witness or participant. Conditions of release may include,
24but not be limited to, electronic home monitoring, curfews,
25drug counseling, stay-away orders, and in-person reporting.
26The court shall consider the defendant's socio-economic

 

 

10100SB1968ham001- 348 -LRB101 08002 RLC 74920 a

1circumstance when setting conditions of release or imposing
2monetary bail.
3    (b) The amount of bail shall be:
4        (1) Sufficient to assure compliance with the
5    conditions set forth in the bail bond, which shall include
6    the defendant's current address with a written
7    admonishment to the defendant that he or she must comply
8    with the provisions of Section 110-12 regarding any change
9    in his or her address. The defendant's address shall at all
10    times remain a matter of public record with the clerk of
11    the court.
12        (2) Not oppressive.
13        (3) Considerate of the financial ability of the
14    accused.
15        (4) When a person is charged with a drug related
16    offense involving possession or delivery of cannabis or
17    possession or delivery of a controlled substance as defined
18    in the Cannabis Control Act, the Illinois Controlled
19    Substances Act, or the Methamphetamine Control and
20    Community Protection Act, the full street value of the
21    drugs seized shall be considered. "Street value" shall be
22    determined by the court on the basis of a proffer by the
23    State based upon reliable information of a law enforcement
24    official contained in a written report as to the amount
25    seized and such proffer may be used by the court as to the
26    current street value of the smallest unit of the drug

 

 

10100SB1968ham001- 349 -LRB101 08002 RLC 74920 a

1    seized.
2    (b-5) Upon the filing of a written request demonstrating
3reasonable cause, the State's Attorney may request a source of
4bail hearing either before or after the posting of any funds.
5If the hearing is granted, before the posting of any bail, the
6accused must file a written notice requesting that the court
7conduct a source of bail hearing. The notice must be
8accompanied by justifying affidavits stating the legitimate
9and lawful source of funds for bail. At the hearing, the court
10shall inquire into any matters stated in any justifying
11affidavits, and may also inquire into matters appropriate to
12the determination which shall include, but are not limited to,
13the following:
14        (1) the background, character, reputation, and
15    relationship to the accused of any surety; and
16        (2) the source of any money or property deposited by
17    any surety, and whether any such money or property
18    constitutes the fruits of criminal or unlawful conduct; and
19        (3) the source of any money posted as cash bail, and
20    whether any such money constitutes the fruits of criminal
21    or unlawful conduct; and
22        (4) the background, character, reputation, and
23    relationship to the accused of the person posting cash
24    bail.
25    Upon setting the hearing, the court shall examine, under
26oath, any persons who may possess material information.

 

 

10100SB1968ham001- 350 -LRB101 08002 RLC 74920 a

1    The State's Attorney has a right to attend the hearing, to
2call witnesses and to examine any witness in the proceeding.
3The court shall, upon request of the State's Attorney, continue
4the proceedings for a reasonable period to allow the State's
5Attorney to investigate the matter raised in any testimony or
6affidavit. If the hearing is granted after the accused has
7posted bail, the court shall conduct a hearing consistent with
8this subsection (b-5). At the conclusion of the hearing, the
9court must issue an order either approving of disapproving the
10bail.
11    (c) When a person is charged with an offense punishable by
12fine only the amount of the bail shall not exceed double the
13amount of the maximum penalty.
14    (d) When a person has been convicted of an offense and only
15a fine has been imposed the amount of the bail shall not exceed
16double the amount of the fine.
17    (e) The State may appeal any order granting bail or setting
18a given amount for bail.
19    (b) (f) When a person is charged with a violation of an
20order of protection under Section 12-3.4 or 12-30 of the
21Criminal Code of 1961 or the Criminal Code of 2012 or when a
22person is charged with domestic battery, aggravated domestic
23battery, kidnapping, aggravated kidnaping, unlawful restraint,
24aggravated unlawful restraint, stalking, aggravated stalking,
25cyberstalking, harassment by telephone, harassment through
26electronic communications, or an attempt to commit first degree

 

 

10100SB1968ham001- 351 -LRB101 08002 RLC 74920 a

1murder committed against an intimate partner regardless
2whether an order of protection has been issued against the
3person,
4        (1) whether the alleged incident involved harassment
5    or abuse, as defined in the Illinois Domestic Violence Act
6    of 1986;
7        (2) whether the person has a history of domestic
8    violence, as defined in the Illinois Domestic Violence Act,
9    or a history of other criminal acts;
10        (3) based on the mental health of the person;
11        (4) whether the person has a history of violating the
12    orders of any court or governmental entity;
13        (5) whether the person has been, or is, potentially a
14    threat to any other person;
15        (6) whether the person has access to deadly weapons or
16    a history of using deadly weapons;
17        (7) whether the person has a history of abusing alcohol
18    or any controlled substance;
19        (8) based on the severity of the alleged incident that
20    is the basis of the alleged offense, including, but not
21    limited to, the duration of the current incident, and
22    whether the alleged incident involved the use of a weapon,
23    physical injury, sexual assault, strangulation, abuse
24    during the alleged victim's pregnancy, abuse of pets, or
25    forcible entry to gain access to the alleged victim;
26        (9) whether a separation of the person from the victim

 

 

10100SB1968ham001- 352 -LRB101 08002 RLC 74920 a

1    of abuse alleged victim or a termination of the
2    relationship between the person and the victim of abuse
3    alleged victim has recently occurred or is pending;
4        (10) whether the person has exhibited obsessive or
5    controlling behaviors toward the victim of abuse alleged
6    victim, including, but not limited to, stalking,
7    surveillance, or isolation of the victim of abuse alleged
8    victim or victim's family member or members;
9        (11) whether the person has expressed suicidal or
10    homicidal ideations;
11        (11.5) any other factors deemed by the court to have a
12    reasonable bearing upon the defendant's propensity or
13    reputation for violent, abusive or assaultive behavior, or
14    lack of that behavior
15        (12) based on any information contained in the
16    complaint and any police reports, affidavits, or other
17    documents accompanying the complaint,
18the court may, in its discretion, order the respondent to
19undergo a risk assessment evaluation using a recognized,
20evidence-based instrument conducted by an Illinois Department
21of Human Services approved partner abuse intervention program
22provider, pretrial service, probation, or parole agency. These
23agencies shall have access to summaries of the defendant's
24criminal history, which shall not include victim interviews or
25information, for the risk evaluation. Based on the information
26collected from the 12 points to be considered at a bail hearing

 

 

10100SB1968ham001- 353 -LRB101 08002 RLC 74920 a

1under this subsection (f), the results of any risk evaluation
2conducted and the other circumstances of the violation, the
3court may order that the person, as a condition of bail, be
4placed under electronic surveillance as provided in Section
55-8A-7 of the Unified Code of Corrections. Upon making a
6determination whether or not to order the respondent to undergo
7a risk assessment evaluation or to be placed under electronic
8surveillance and risk assessment, the court shall document in
9the record the court's reasons for making those determinations.
10The cost of the electronic surveillance and risk assessment
11shall be paid by, or on behalf, of the defendant. As used in
12this subsection (f), "intimate partner" means a spouse or a
13current or former partner in a cohabitation or dating
14relationship.
15    (c) In cases of stalking or aggravated stalking under
16Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the
17court may consider the following additional factors:
18        (1) Any evidence of the defendant's prior criminal
19    history indicative of violent, abusive or assaultive
20    behavior, or lack of that behavior. The evidence may
21    include testimony or documents received in juvenile
22    proceedings, criminal, quasi-criminal, civil commitment,
23    domestic relations or other proceedings;
24        (2) Any evidence of the defendant's psychological,
25    psychiatric or other similar social history that tends to
26    indicate a violent, abusive, or assaultive nature, or lack

 

 

10100SB1968ham001- 354 -LRB101 08002 RLC 74920 a

1    of any such history.
2        (3) The nature of the threat which is the basis of the
3    charge against the defendant;
4        (4) Any statements made by, or attributed to the
5    defendant, together with the circumstances surrounding
6    them;
7        (5) The age and physical condition of any person
8    allegedly assaulted by the defendant;
9        (6) Whether the defendant is known to possess or have
10    access to any weapon or weapons;
11        (7) Any other factors deemed by the court to have a
12    reasonable bearing upon the defendant's propensity or
13    reputation for violent, abusive or assaultive behavior, or
14    lack of that behavior.
15    (d) The Court may use a regularly validated risk assessment
16tool to aid it determination of appropriate conditions of
17release as provided for in Section 110-6.4. Risk assessment
18tools may not be used as the sole basis to deny pretrial
19release. If a risk assessment tool is used, the defendant's
20counsel shall be provided with the information and scoring
21system of the risk assessment tool used to arrive at the
22determination. The defendant retains the right to challenge the
23validity of a risk assessment tool used by the court and to
24present evidence relevant to the defendant's challenge.
25    (e) If a person remains in pretrial detention after his or
26her pretrial conditions hearing after having been ordered

 

 

10100SB1968ham001- 355 -LRB101 08002 RLC 74920 a

1released with pretrial conditions, the court shall hold a
2hearing to determine the reason for continued detention. If the
3reason for continued detention is due to the unavailability or
4the defendant's ineligibility for one or more pretrial
5conditions previously ordered by the court or directed by a
6pretrial services agency, the court shall reopen the conditions
7of release hearing to determine what available pretrial
8conditions exist that will reasonably assure the appearance of
9a defendant as required or the safety of any other person and
10the likelihood of compliance by the defendant with all the
11conditions of pretrial release. The inability of Defendant to
12pay for a condition of release or any other ineligibility for a
13condition of pretrial release shall not be used as a
14justification for the pretrial detention of that Defendant.
15    (f) Prior to the defendant's first appearance, the Court
16shall appoint the public defender or a licensed attorney at law
17of this State to represent the Defendant for purposes of that
18hearing, unless the defendant has obtained licensed counsel for
19themselves.
20    (g) Electronic monitoring, GPS monitoring, or home
21confinement can only be imposed condition of pretrial release
22if a no less restrictive condition of release or combination of
23less restrictive condition of release would reasonably ensure
24the appearance of the defendant for later hearings or protect
25an identifiable person or persons from imminent threat of
26serious physical harm.

 

 

10100SB1968ham001- 356 -LRB101 08002 RLC 74920 a

1    (h) If the court imposes electronic monitoring, GPS
2monitoring, or home confinement the court shall set forth in
3the record the basis for its finding. A defendant shall be
4given custodial credit for each day he or she was subjected to
5that program, at the same rate described in subsection (b) of
6Section 5-4.5-100 of the unified code of correction.
7    (i) If electronic monitoring, GPS monitoring, or home
8confinement is imposed, the court shall determine every 60 days
9if no less restrictive condition of release or combination of
10less restrictive conditions of release would reasonably ensure
11the appearance, or continued appearance, of the defendant for
12later hearings or protect an identifiable person or persons
13from imminent threat of serious physical harm. If the court
14finds that there are less restrictive conditions of release,
15the court shall order that the condition be removed.
16    (j) Crime Victims shall be given notice by the State's
17Attorney's office of this hearing as required in paragraph (1)
18of subsection (b) of Section 4.5 of the Rights of Crime Victims
19and Witnesses Act and shall be informed of their opportunity at
20this hearing to obtain an order of protection under Article
21112A of this Code.
22(Source: P.A. 99-143, eff. 7-27-15; 100-1, eff. 1-1-18; revised
237-12-19.)
 
24    (725 ILCS 5/110-5.2)
25    Sec. 110-5.2. Pretrial release Bail; pregnant pre-trial

 

 

10100SB1968ham001- 357 -LRB101 08002 RLC 74920 a

1detainee.
2    (a) It is the policy of this State that a pre-trial
3detainee shall not be required to deliver a child while in
4custody absent a finding by the court that continued pre-trial
5custody is necessary to protect the public or the victim of the
6offense on which the charge is based.
7    (b) If the court reasonably believes that a pre-trial
8detainee will give birth while in custody, the court shall
9order an alternative to custody unless, after a hearing, the
10court determines:
11        (1) that the release of the pregnant pre-trial detainee
12    would pose a real and present threat to the physical safety
13    of the alleged victim of the offense and continuing custody
14    is necessary to prevent the fulfillment of the threat upon
15    which the charge is based; or
16        (2) that the release of the pregnant pre-trial detainee
17    would pose a real and present threat to the physical safety
18    of any person or persons or the general public.
19    (c) The court may order a pregnant or post-partum detainee
20to be subject to electronic monitoring as a condition of
21pre-trial release or order other condition or combination of
22conditions the court reasonably determines are in the best
23interest of the detainee and the public.
24    (d) This Section shall be applicable to a pregnant
25pre-trial detainee in custody on or after the effective date of
26this amendatory Act of the 100th General Assembly.

 

 

10100SB1968ham001- 358 -LRB101 08002 RLC 74920 a

1(Source: P.A. 100-630, eff. 1-1-19.)
 
2    (725 ILCS 5/110-6)  (from Ch. 38, par. 110-6)
3    Sec. 110-6. Revocation of pretrial release, modification
4of conditions of pretrial release, and sanctions for violations
5of conditions of pretrial release Modification of bail or
6conditions.
7    (a) When a defendant is granted pretrial release under this
8section, that pretrial release may be revoked only under the
9following conditions:
10        (1) if the defendant is charged with a detainable
11    felony as defined in 110-6.1, a defendant may be detained
12    after the State files a verified petition for such a
13    hearing, and gives the defendant notice as prescribed in
14    110-6.1; or
15        (2) in accordance with subsection (b) of this section.
16    (b) Revocation due to a new criminal charge: If an
17individual, while on pretrial release for a Felony or Class A
18misdemeanor under this Section, is charged with a new felony or
19Class A misdemeanor under the Criminal Code of 2012, the court
20may, on its own motion or motion of the state, begin
21proceedings to revoke the individual's' pretrial release.
22        (1) When the defendant is charged with a felony or
23    class A misdemeanor offense and while free on pretrial
24    release bail is charged with a subsequent felony or class A
25    misdemeanor offense that is alleged to have occurred during

 

 

10100SB1968ham001- 359 -LRB101 08002 RLC 74920 a

1    the defendant's pretrial release, the state may file a
2    verified petition for revocation of pretrial 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 petition
12    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 previous
19    matter is pending without unnecessary delay. In no event
20    shall the time between the filing of the state's petition
21    for revocation and the defendant's appearance before the
22    court before which the previous matter is pending exceed 72
23    hours.
24        (4) The court before which the previous felony matter
25    is pending may revoke the defendant's pretrial release only
26    if it finds, after considering all relevant circumstances

 

 

10100SB1968ham001- 360 -LRB101 08002 RLC 74920 a

1    including, but not limited to, the nature and seriousness
2    of the violation or criminal act alleged, by the court
3    finds clear and convincing evidence that no condition or
4    combination of conditions of release would reasonably
5    assure the appearance of the defendant for later hearings
6    or prevent the defendant from being charged with a
7    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 section
17    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 A
23misdemeanor. 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

 

 

10100SB1968ham001- 361 -LRB101 08002 RLC 74920 a

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,
6the court shall follow the procedures set forth in Section
7110-3 to ensure the defendant's appearance in court to address
8the violation.
9    (d) When a defendant appears in court for a notice to show
10cause hearing, or after being arrested on a warrant issued
11because of a failure to appear at a notice to show cause
12hearing, or after being arrested for an offense other than a
13felony or class A misdemeanor, the state may file a verified
14petition requesting a hearing for sanctions.
15    (e) During the hearing for sanctions, the defendant shall
16be represented by counsel and have an opportunity to be heard
17regarding the violation and evidence in mitigation. The court
18shall only impose sanctions if it finds by clear and convincing
19evidence 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 action
23    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.

 

 

10100SB1968ham001- 362 -LRB101 08002 RLC 74920 a

1    (f) Sanctions: sanctions for violations of pretrial
2release 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 paragraph
26    (10) of subsection (c-1) of the Rights of Crime Victims and

 

 

10100SB1968ham001- 363 -LRB101 08002 RLC 74920 a

1    Witnesses Act.
2    (h) Notice to Victims: Crime Victims shall be given notice
3by the State's Attorney's office of all hearings in this
4section as required in paragraph (1) of subsection (b) of
5Section 4.5 of the Rights of Crime Victims and Witnesses Act
6and shall be informed of their opportunity at these hearing to
7obtain an order of protection under Article 112A of this Code.
8Upon verified application by the State or the defendant or on
9its own motion the court before which the proceeding is pending
10may increase or reduce the amount of bail or may alter the
11conditions of the bail bond or grant bail where it has been
12previously revoked or denied. If bail has been previously
13revoked pursuant to subsection (f) of this Section or if bail
14has been denied to the defendant pursuant to subsection (e) of
15Section 110-6.1 or subsection (e) of Section 110-6.3, the
16defendant shall be required to present a verified application
17setting forth in detail any new facts not known or obtainable
18at the time of the previous revocation or denial of bail
19proceedings. If the court grants bail where it has been
20previously revoked or denied, the court shall state on the
21record of the proceedings the findings of facts and conclusion
22of law upon which such order is based.
23    (a-5) In addition to any other available motion or
24procedure under this Code, a person in custody solely for a
25Category B offense due to an inability to post monetary bail
26shall be brought before the court at the next available court

 

 

10100SB1968ham001- 364 -LRB101 08002 RLC 74920 a

1date or 7 calendar days from the date bail was set, whichever
2is earlier, for a rehearing on the amount or conditions of bail
3or release pending further court proceedings. The court may
4reconsider conditions of release for any other person whose
5inability to post monetary bail is the sole reason for
6continued incarceration, including a person in custody for a
7Category A offense or a Category A offense and a Category B
8offense. The court may deny the rehearing permitted under this
9subsection (a-5) if the person has failed to appear as required
10before the court and is incarcerated based on a warrant for
11failure to appear on the same original criminal offense.
12    (b) Violation of the conditions of Section 110-10 of this
13Code or any special conditions of bail as ordered by the court
14shall constitute grounds for the court to increase the amount
15of bail, or otherwise alter the conditions of bail, or, where
16the alleged offense committed on bail is a forcible felony in
17Illinois or a Class 2 or greater offense under the Illinois
18Controlled Substances Act, the Cannabis Control Act, or the
19Methamphetamine Control and Community Protection Act, revoke
20bail pursuant to the appropriate provisions of subsection (e)
21of this Section.
22    (c) Reasonable notice of such application by the defendant
23shall be given to the State.
24    (d) Reasonable notice of such application by the State
25shall be given to the defendant, except as provided in
26subsection (e).

 

 

10100SB1968ham001- 365 -LRB101 08002 RLC 74920 a

1    (e) Upon verified application by the State stating facts or
2circumstances constituting a violation or a threatened
3violation of any of the conditions of the bail bond the court
4may issue a warrant commanding any peace officer to bring the
5defendant without unnecessary delay before the court for a
6hearing on the matters set forth in the application. If the
7actual court before which the proceeding is pending is absent
8or otherwise unavailable another court may issue a warrant
9pursuant to this Section. When the defendant is charged with a
10felony offense and while free on bail is charged with a
11subsequent felony offense and is the subject of a proceeding
12set forth in Section 109-1 or 109-3 of this Code, upon the
13filing of a verified petition by the State alleging a violation
14of Section 110-10 (a) (4) of this Code, the court shall without
15prior notice to the defendant, grant leave to file such
16application and shall order the transfer of the defendant and
17the application without unnecessary delay to the court before
18which the previous felony matter is pending for a hearing as
19provided in subsection (b) or this subsection of this Section.
20The defendant shall be held without bond pending transfer to
21and a hearing before such court. At the conclusion of the
22hearing based on a violation of the conditions of Section
23110-10 of this Code or any special conditions of bail as
24ordered by the court the court may enter an order increasing
25the amount of bail or alter the conditions of bail as deemed
26appropriate.

 

 

10100SB1968ham001- 366 -LRB101 08002 RLC 74920 a

1    (f) Where the alleged violation consists of the violation
2of one or more felony statutes of any jurisdiction which would
3be a forcible felony in Illinois or a Class 2 or greater
4offense under the Illinois Controlled Substances Act, the
5Cannabis Control Act, or the Methamphetamine Control and
6Community Protection Act and the defendant is on bail for the
7alleged commission of a felony, or where the defendant is on
8bail for a felony domestic battery (enhanced pursuant to
9subsection (b) of Section 12-3.2 of the Criminal Code of 1961
10or the Criminal Code of 2012), aggravated domestic battery,
11aggravated battery, unlawful restraint, aggravated unlawful
12restraint or domestic battery in violation of item (1) of
13subsection (a) of Section 12-3.2 of the Criminal Code of 1961
14or the Criminal Code of 2012 against a family or household
15member as defined in Section 112A-3 of this Code and the
16violation is an offense of domestic battery against the same
17victim the court shall, on the motion of the State or its own
18motion, revoke bail in accordance with the following
19provisions:
20        (1) The court shall hold the defendant without bail
21    pending the hearing on the alleged breach; however, if the
22    defendant is not admitted to bail the hearing shall be
23    commenced within 10 days from the date the defendant is
24    taken into custody or the defendant may not be held any
25    longer without bail, unless delay is occasioned by the
26    defendant. Where defendant occasions the delay, the

 

 

10100SB1968ham001- 367 -LRB101 08002 RLC 74920 a

1    running of the 10 day period is temporarily suspended and
2    resumes at the termination of the period of delay. Where
3    defendant occasions the delay with 5 or fewer days
4    remaining in the 10 day period, the court may grant a
5    period of up to 5 additional days to the State for good
6    cause shown. The State, however, shall retain the right to
7    proceed to hearing on the alleged violation at any time,
8    upon reasonable notice to the defendant and the court.
9        (2) At a hearing on the alleged violation the State has
10    the burden of going forward and proving the violation by
11    clear and convincing evidence. The evidence shall be
12    presented in open court with the opportunity to testify, to
13    present witnesses in his behalf, and to cross-examine
14    witnesses if any are called by the State, and
15    representation by counsel and if the defendant is indigent
16    to have counsel appointed for him. The rules of evidence
17    applicable in criminal trials in this State shall not
18    govern the admissibility of evidence at such hearing.
19    Information used by the court in its findings or stated in
20    or offered in connection with hearings for increase or
21    revocation of bail may be by way of proffer based upon
22    reliable information offered by the State or defendant. All
23    evidence shall be admissible if it is relevant and reliable
24    regardless of whether it would be admissible under the
25    rules of evidence applicable at criminal trials. A motion
26    by the defendant to suppress evidence or to suppress a

 

 

10100SB1968ham001- 368 -LRB101 08002 RLC 74920 a

1    confession shall not be entertained at such a hearing.
2    Evidence that proof may have been obtained as a result of
3    an unlawful search and seizure or through improper
4    interrogation is not relevant to this hearing.
5        (3) Upon a finding by the court that the State has
6    established by clear and convincing evidence that the
7    defendant has committed a forcible felony or a Class 2 or
8    greater offense under the Illinois Controlled Substances
9    Act, the Cannabis Control Act, or the Methamphetamine
10    Control and Community Protection Act while admitted to
11    bail, or where the defendant is on bail for a felony
12    domestic battery (enhanced pursuant to subsection (b) of
13    Section 12-3.2 of the Criminal Code of 1961 or the Criminal
14    Code of 2012), aggravated domestic battery, aggravated
15    battery, unlawful restraint, aggravated unlawful restraint
16    or domestic battery in violation of item (1) of subsection
17    (a) of Section 12-3.2 of the Criminal Code of 1961 or the
18    Criminal Code of 2012 against a family or household member
19    as defined in Section 112A-3 of this Code and the violation
20    is an offense of domestic battery, against the same victim,
21    the court shall revoke the bail of the defendant and hold
22    the defendant for trial without bail. Neither the finding
23    of the court nor any transcript or other record of the
24    hearing shall be admissible in the State's case in chief,
25    but shall be admissible for impeachment, or as provided in
26    Section 115-10.1 of this Code or in a perjury proceeding.

 

 

10100SB1968ham001- 369 -LRB101 08002 RLC 74920 a

1        (4) If the bail of any defendant is revoked pursuant to
2    paragraph (f) (3) of this Section, the defendant may demand
3    and shall be entitled to be brought to trial on the offense
4    with respect to which he was formerly released on bail
5    within 90 days after the date on which his bail was
6    revoked. If the defendant is not brought to trial within
7    the 90 day period required by the preceding sentence, he
8    shall not be held longer without bail. In computing the 90
9    day period, the court shall omit any period of delay
10    resulting from a continuance granted at the request of the
11    defendant.
12        (5) If the defendant either is arrested on a warrant
13    issued pursuant to this Code or is arrested for an
14    unrelated offense and it is subsequently discovered that
15    the defendant is a subject of another warrant or warrants
16    issued pursuant to this Code, the defendant shall be
17    transferred promptly to the court which issued such
18    warrant. If, however, the defendant appears initially
19    before a court other than the court which issued such
20    warrant, the non-issuing court shall not alter the amount
21    of bail set on such warrant unless the court sets forth on
22    the record of proceedings the conclusions of law and facts
23    which are the basis for such altering of another court's
24    bond. The non-issuing court shall not alter another courts
25    bail set on a warrant unless the interests of justice and
26    public safety are served by such action.

 

 

10100SB1968ham001- 370 -LRB101 08002 RLC 74920 a

1    (g) The State may appeal any order where the court has
2increased or reduced the amount of bail or altered the
3conditions of the bail bond or granted bail where it has
4previously been revoked.
5(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.)
 
6    (725 ILCS 5/110-6.1)  (from Ch. 38, par. 110-6.1)
7    Sec. 110-6.1. Denial of pretrial release bail in
8non-probationable felony offenses.
9    (a) Upon verified petition by the State, the court shall
10hold a hearing and may deny to determine whether bail should be
11denied to a defendant pretrial release only if:
12        (1) the defendant who is charged with a forcible felony
13    offense for which a sentence of imprisonment, without
14    probation, periodic imprisonment or conditional discharge,
15    is required by law upon conviction, and when it is alleged
16    that the defendant's pretrial release poses a specific,
17    real and present threat to any person or the community.
18    admission to bail poses a real and present threat to the
19    physical safety of any person or persons ; .
20        (2) the defendant is charged with stalking or
21    aggravated stalking and it is alleged that the defendant's
22    pre-trial release poses a real and present threat to the
23    physical safety of a victim of the alleged offense, and
24    denial of release is necessary to prevent fulfillment of
25    the threat upon which the charge is based;

 

 

10100SB1968ham001- 371 -LRB101 08002 RLC 74920 a

1        (3) the victim of abuse was a family or household
2    member as defined by paragraph (6) of Section 103 of the
3    Illinois Domestic Violence Act of 1986, and the person
4    charged, at the time of the alleged offense, was subject to
5    the terms of an order of protection issued under Section
6    112A-14 of this Code, or Section 214 of the Illinois
7    Domestic Violence Act of 1986 or previously was convicted
8    of a violation of an order of protection under Section
9    12-3.4 or 12-30 of the Criminal Code of 1961 or the
10    Criminal Code of 2012 or a violent crime if the victim was
11    a family or household member as defined by paragraph (6) of
12    the Illinois Domestic Violence Act of 1986 at the time of
13    the offense or a violation of a substantially similar
14    municipal ordinance or law of this or any other state or
15    the United States if the victim was a family or household
16    member as defined by paragraph (6) of Section 103 of the
17    Illinois Domestic Violence Act of 1986 at the time of the
18    offense, and it is alleged that the defendant's pre-trial
19    release poses a real and present threat to the physical
20    safety of any person or persons;
21        (4) the defendant is charged with domestic battery or
22    aggravated domestic battery under Section 12-3.2 or 12-3.3
23    of the Criminal Code of 2012 and it is alleged that the
24    defendant's pretrial release poses a real and present
25    threat to the physical safety of any person or persons;
26        (5) the defendant is charged with any offense under

 

 

10100SB1968ham001- 372 -LRB101 08002 RLC 74920 a

1    Article 11 of the Criminal Code of 2012, except for
2    Sections 11-30, 11-35, 11-40, and 11-45 of the Criminal
3    Code of 2012, or similar provisions of the Criminal Code of
4    1961 and it is alleged that the defendant's pretrial
5    release poses a real and present threat to the physical
6    safety of any person or persons;
7        (6) the defendant is charged with any of these
8    violations under the Criminal Code of 2012 and it is
9    alleged that the defendant's pretrial releases poses a real
10    and present threat to the physical safety of any
11    specifically identifiable person or persons.
12            (A) Section 24-1.2 (aggravated discharge of a
13        firearm);
14            (B) Section 24-2.5 (aggravated discharge of a
15        machine gun or a firearm equipped with a device
16        designed or use for silencing the report of a firearm);
17            (C) Section 24-1.5 (reckless discharge of a
18        firearm);
19            (D) Section 24-1.7 (armed habitual criminal);
20            (E) Section 24-2.2 2 (manufacture, sale or
21        transfer of bullets or shells represented to be armor
22        piercing bullets, dragon's breath shotgun shells, bolo
23        shells or flechette shells);
24            (F) Section 24-3 (unlawful sale or delivery of
25        firearms);
26            (G) Section 24-3.3 (unlawful sale or delivery of

 

 

10100SB1968ham001- 373 -LRB101 08002 RLC 74920 a

1        firearms on the premises of any school);
2            (H) Section 24-34 (unlawful sale of firearms by
3        liquor license);
4            (I) Section 24-3.5 {unlawful purchase of a
5        firearm);
6            (J) Section 24-3A (gunrunning); or
7            (K) Section on 24-3B (firearms trafficking );
8            (L) Section 10-9 (b) (involuntary servitude);
9            (M) Section 10-9 (c) (involuntary sexual servitude
10        of a minor);
11            (N) Section 10-9(d) (trafficking in persons);
12            (O) Non-probationable violations: (i) (unlawful
13        use or possession of weapons by felons or persons in
14        the Custody of the Department of Corrections
15        facilities (Section 24-1.1), (ii) aggravated unlawful
16        use of a weapon (Section 24-1.6, or (iii) aggravated
17        possession of a stolen firearm (Section 24-3.9);
18        (7) the person has a high likelihood of willful flight
19    to avoid prosecution and is charged with:
20            (A) Any felony described in Sections (a)(1)
21        through (a)(5) of this Section; or
22            (B) A felony offense other than a Class 4 offense.
23    (b) If the charged offense is a felony, the Court shall
24        hold a hearing pursuant to 109-3 of this Code to
25        determine whether there is probable cause the
26        defendant has committed an offense, unless a grand jury

 

 

10100SB1968ham001- 374 -LRB101 08002 RLC 74920 a

1        has returned a true bill of indictment against the
2        defendant. If there is a finding of no probable cause,
3        the defendant shall be released. No such finding is
4        necessary if the defendant is charged with a
5        misdemeanor.
6    (c) Timing of petition.
7        (1) A petition may be filed without prior notice to the
8    defendant at the first appearance before a judge, or within
9    the 21 calendar days, except as provided in Section 110-6,
10    after arrest and release of the defendant upon reasonable
11    notice to defendant; provided that while such petition is
12    pending before the court, the defendant if previously
13    released shall not be detained.
14        (2) (2) Upon filing, the court shall immediately hold a
15    hearing on the petition unless a continuance is requested.
16    If a continuance is requested, the hearing shall be held
17    within 48 hours of the defendant's first appearance if the
18    defendant is charged with a Class X, Class 1, Class 2, or
19    Class 3 felony, and within 24 hours if the defendant is
20    charged with a Class 4 or misdemeanor offense. The Court
21    may deny and or grant the request for continuance. If the
22    court decides to grant the continuance, the Court retains
23    the discretion to detain or release the defendant in the
24    time between the filing of the petition and the hearing.
25    (d) Contents of petition.
26        (1) The petition shall be verified by the State and

 

 

10100SB1968ham001- 375 -LRB101 08002 RLC 74920 a

1    shall state the grounds upon which it contends the
2    defendant should be denied pretrial release, including the
3    identity of the specific person or persons the State
4    believes the defendant poses a danger to.
5        (2) Only one petition may be filed under this Section.
6    (e) Eligibility: All defendants shall be presumed eligible
7for pretrial release, and the State shall bear the burden of
8proving by clear and convincing evidence that: The hearing
9shall be held immediately upon the defendant's appearance
10before the court, unless for good cause shown the defendant or
11the State seeks a continuance. A continuance on motion of the
12defendant may not exceed 5 calendar days, and a continuance on
13the motion of the State may not exceed 3 calendar days. The
14defendant may be held in custody during such continuance.
15    (b) The court may deny bail to the defendant where, after
16the hearing, it is determined that:
17        (1) the proof is evident or the presumption great that
18    the defendant has committed an offense listed in paragraphs
19    (1) through (6) of subsection (a) for which a sentence of
20    imprisonment, without probation, periodic imprisonment or
21    conditional discharge, must be imposed by law as a
22    consequence of conviction, and
23        (2) the defendant poses a real and present threat to
24    the physical safety of a specific, identifiable any person
25    or persons, by conduct which may include, but is not
26    limited to, a forcible felony, the obstruction of justice,

 

 

10100SB1968ham001- 376 -LRB101 08002 RLC 74920 a

1    intimidation, injury, or abuse as defined by paragraph (1)
2    of Section 103 of the Illinois Domestic Violence Act of
3    1986 physical harm, an offense under the Illinois
4    Controlled Substances Act which is a Class X felony, or an
5    offense under the Methamphetamine Control and Community
6    Protection Act which is a Class X felony, and
7        (3) the court finds that no condition or combination of
8    conditions set forth in subsection (b) of Section 110-10 of
9    this Article can mitigate the real and present threat to
10    the safety of any , can reasonably assure the physical
11    safety of any other person or persons or the defendant's
12    willful flight.
13    (f) (c) Conduct of the hearings.
14        (1) Prior to the hearing the State shall tender to the
15    defendant copies of defendant's criminal history
16    available, any written or recorded statements, and the
17    substance of any oral statements made by any person, if
18    relied upon by the State in its petition, and any police
19    reports in the State's Attorney's possession at the time of
20    the hearing that are required to be disclosed to the
21    defense under Illinois Supreme Court rules. The hearing on
22    the defendant's culpability and dangerousness shall be
23    conducted in accordance with the following provisions:
24        (2) The State or defendant may present evidence at the
25    hearing (A) Information used by the court in its findings
26    or stated in or offered at such hearing may be by way of

 

 

10100SB1968ham001- 377 -LRB101 08002 RLC 74920 a

1    proffer based upon reliable information offered by the
2    State or by defendant.
3        (3) The defendant Defendant has the right to be
4    represented by counsel, and if he or she is indigent, to
5    have counsel appointed for him or her. The defendant .
6    Defendant shall have the opportunity to testify, to present
7    witnesses on in his or her own behalf, and to cross-examine
8    any witnesses that if any are called by the State.
9        (4) If the defense seeks to call the complaining
10    witness as a witness in its favor, it shall petition the
11    court for permission. The defendant has the right to
12    present witnesses in his favor. When the ends of justice so
13    require, the court may exercise exercises its discretion
14    and compel the appearance of a complaining witness. The
15    court shall state on the record reasons for granting a
16    defense request to compel the presence of a complaining
17    witness. In making a determination under this section, the
18    court shall state on the record the reason for granting a
19    defense request to compel the presence of a complaining
20    witness, and only grant the request if the court finds by
21    clear and convincing evidence that the defendant will be
22    materially prejudiced if the complaining witness does not
23    appear. Cross-examination of a complaining witness at the
24    pretrial detention hearing for the purpose of impeaching
25    the witness' credibility is insufficient reason to compel
26    the presence of the witness. In deciding whether to compel

 

 

10100SB1968ham001- 378 -LRB101 08002 RLC 74920 a

1    the appearance of a complaining witness, the court shall be
2    considerate of the emotional and physical well-being of the
3    witness. The pre-trial detention hearing is not to be used
4    for purposes of discovery, and the post arraignment rules
5    of discovery do not apply. The State shall tender to the
6    defendant, prior to the hearing, copies of defendant's
7    criminal history, if any, if available, and any written or
8    recorded statements and the substance of any oral
9    statements made by any person, if relied upon by the State
10    in its petition.
11        (5) The rules concerning the admissibility of evidence
12    in criminal trials do not apply to the presentation and
13    consideration of information at the hearing. At the trial
14    concerning the offense for which the hearing was conducted
15    neither the finding of the court nor any transcript or
16    other record of the hearing shall be admissible in the
17    State's case in chief, but shall be admissible for
18    impeachment, or as provided in Section 115-10.1 of this
19    Code, or in a perjury proceeding.
20        (6) The (B) A motion by the defendant may not move to
21    suppress evidence or to suppress a confession, however,
22    evidence shall not be entertained. Evidence that proof of
23    the charged crime may have been obtained as the result of
24    an unlawful search or and seizure, or both, or through
25    improper interrogation, is not relevant in assessing the
26    weight of the evidence against the defendant to this state

 

 

10100SB1968ham001- 379 -LRB101 08002 RLC 74920 a

1    of the prosecution.
2        (7) Decisions regarding release, conditions of release
3    and detention prior trial should be individualized, and no
4    single factor or standard should be used exclusively to
5    make a condition or detention decision.
6        (2) The facts relied upon by the court to support a
7    finding that the defendant poses a real and present threat
8    to the physical safety of any person or persons shall be
9    supported by clear and convincing evidence presented by the
10    State.
11    (g) (d) Factors to be considered in making a determination
12of dangerousness. The court may, in determining whether the
13defendant poses a specific, imminent real and present threat of
14serious to the physical harm to an identifiable safety of any
15person or persons, consider but shall not be limited to
16evidence or testimony concerning:
17        (1) The nature and circumstances of any offense
18    charged, including whether the offense is a crime of
19    violence, involving a weapon, or a sex offense.
20        (2) The history and characteristics of the defendant
21    including:
22            (A) Any evidence of the defendant's prior criminal
23        history indicative of violent, abusive or assaultive
24        behavior, or lack of such behavior. Such evidence may
25        include testimony or documents received in juvenile
26        proceedings, criminal, quasi-criminal, civil

 

 

10100SB1968ham001- 380 -LRB101 08002 RLC 74920 a

1        commitment, domestic relations or other proceedings.
2            (B) Any evidence of the defendant's psychological,
3        psychiatric or other similar social history which
4        tends to indicate a violent, abusive, or assaultive
5        nature, or lack of any such history.
6        (3) The identity of any person or persons to whose
7    safety the defendant is believed to pose a threat, and the
8    nature of the threat;
9        (4) Any statements made by, or attributed to the
10    defendant, together with the circumstances surrounding
11    them;
12        (5) The age and physical condition of any person
13    assaulted by the defendant;
14        (6) The age and physical condition of any victim or
15    complaining witness;
16        (7) Whether the defendant is known to possess or have
17    access to any weapon or weapons;
18        (8) (7) Whether, at the time of the current offense or
19    any other offense or arrest, the defendant was on
20    probation, parole, aftercare release, mandatory supervised
21    release or other release from custody pending trial,
22    sentencing, appeal or completion of sentence for an offense
23    under federal or state law;
24        (9) (8) Any other factors, including those listed in
25    Section 110-5 of this Article deemed by the court to have a
26    reasonable bearing upon the defendant's propensity or

 

 

10100SB1968ham001- 381 -LRB101 08002 RLC 74920 a

1    reputation for violent, abusive or assaultive behavior, or
2    lack of such behavior.
3    (h) (e) Detention order. The court shall, in any order for
4detention:
5        (1) briefly summarize the evidence of the defendant's
6    guilt or innocence, culpability and the court's its reasons
7    for concluding that the defendant should be denied pretrial
8    release held without bail;
9        (2) direct that the defendant be committed to the
10    custody of the sheriff for confinement in the county jail
11    pending trial;
12        (3) direct that the defendant be given a reasonable
13    opportunity for private consultation with counsel, and for
14    communication with others of his or her choice by
15    visitation, mail and telephone; and
16        (4) direct that the sheriff deliver the defendant as
17    required for appearances in connection with court
18    proceedings.
19    (i) Detention. (f) If the court enters an order for the
20detention of the defendant pursuant to subsection (e) of this
21Section, the defendant shall be brought to trial on the offense
22for which he is detained within 90 days after the date on which
23the order for detention was entered. If the defendant is not
24brought to trial within the 90 day period required by the
25preceding sentence, he shall not be denied pretrial release
26held longer without bail. In computing the 90 day period, the

 

 

10100SB1968ham001- 382 -LRB101 08002 RLC 74920 a

1court shall omit any period of delay resulting from a
2continuance granted at the request of the defendant.
3    (j) (g) Rights of the defendant. Any person shall be
4entitled to appeal any order entered under this Section denying
5pretrial release bail to the defendant.
6    (k) Appeal. (h) The State may appeal any order entered
7under this Section denying any motion for denial of pretrial
8release bail.
9    (l) Presumption of innocence. (i) Nothing in this Section
10shall be construed as modifying or limiting in any way the
11defendant's presumption of innocence in further criminal
12proceedings.
13    (m) Victim notice.
14        (1) Crime Victims shall be given notice by the State's
15    Attorney's office of this hearing as required in paragraph
16    (1) of subsection (b) of Section 4.5 of the Rights of Crime
17    Victims and Witnesses Act and shall be informed of their
18    opportunity at this hearing to obtain an order of
19    protection under Article 112A of this Code.
20(Source: P.A. 98-558, eff. 1-1-14.)
 
21    (725 ILCS 5/110-6.2)  (from Ch. 38, par. 110-6.2)
22    Sec. 110-6.2. Post-conviction Detention.
23    (a) The court may order that a person who has been found
24guilty of an offense and who is waiting imposition or execution
25of sentence be held without release bond unless the court finds

 

 

10100SB1968ham001- 383 -LRB101 08002 RLC 74920 a

1by clear and convincing evidence that the person is not likely
2to flee or pose a danger to any other person or the community
3if released under Sections 110-5 and 110-10 of this Act.
4    (b) The court may order that person who has been found
5guilty of an offense and sentenced to a term of imprisonment be
6held without release bond unless the court finds by clear and
7convincing evidence that:
8        (1) the person is not likely to flee or pose a danger
9    to the safety of any other person or the community if
10    released on bond pending appeal; and
11        (2) that the appeal is not for purpose of delay and
12    raises a substantial question of law or fact likely to
13    result in reversal or an order for a new trial.
14(Source: P.A. 96-1200, eff. 7-22-10.)
 
15    (725 ILCS 5/110-6.4)
16    Sec. 110-6.4. Statewide risk-assessment tool. The Supreme
17Court may establish a statewide risk-assessment tool to be used
18in proceedings to assist the court in establishing conditions
19of pretrial release bail for a defendant by assessing the
20defendant's likelihood of appearing at future court
21proceedings or determining if the defendant poses a real and
22present threat to the physical safety of any person or persons.
23The Supreme Court shall consider establishing a
24risk-assessment tool that does not discriminate on the basis of
25race, gender, educational level, socio-economic status, or

 

 

10100SB1968ham001- 384 -LRB101 08002 RLC 74920 a

1neighborhood. If a risk-assessment tool is utilized within a
2circuit that does not require a personal interview to be
3completed, the Chief Judge of the circuit or the director of
4the pretrial services agency may exempt the requirement under
5Section 9 and subsection (a) of Section 7 of the Pretrial
6Services Act.
7    For the purpose of this Section, "risk-assessment tool"
8means an empirically validated, evidence-based screening
9instrument that demonstrates reduced instances of a
10defendant's failure to appear for further court proceedings or
11prevents future criminal activity.
12(Source: P.A. 100-1, eff. 1-1-18; 100-863, eff. 8-14-18.)
 
13    (725 ILCS 5/110-10)  (from Ch. 38, par. 110-10)
14    Sec. 110-10. Conditions of pretrial release bail bond.
15    (a) If a person is released prior to conviction, either
16upon payment of bail security or on his or her own
17recognizance, the conditions of pretrial release the bail bond
18shall be that he or she will:
19        (1) Appear to answer the charge in the court having
20    jurisdiction on a day certain and thereafter as ordered by
21    the court until discharged or final order of the court;
22        (2) Submit himself or herself to the orders and process
23    of the court;
24        (3) (Blank); Not depart this State without leave of the
25    court;

 

 

10100SB1968ham001- 385 -LRB101 08002 RLC 74920 a

1        (4) Not violate any criminal statute of any
2    jurisdiction;
3        (5) At a time and place designated by the court,
4    surrender all firearms in his or her possession to a law
5    enforcement officer designated by the court to take custody
6    of and impound the firearms and physically surrender his or
7    her Firearm Owner's Identification Card to the clerk of the
8    circuit court when the offense the person has been charged
9    with is a forcible felony, stalking, aggravated stalking,
10    domestic battery, any violation of the Illinois Controlled
11    Substances Act, the Methamphetamine Control and Community
12    Protection Act, or the Cannabis Control Act that is
13    classified as a Class 2 or greater felony, or any felony
14    violation of Article 24 of the Criminal Code of 1961 or the
15    Criminal Code of 2012; the court may, however, forgo the
16    imposition of this condition when the circumstances of the
17    case clearly do not warrant it or when its imposition would
18    be impractical; if the Firearm Owner's Identification Card
19    is confiscated, the clerk of the circuit court shall mail
20    the confiscated card to the Illinois State Police; all
21    legally possessed firearms shall be returned to the person
22    upon the charges being dismissed, or if the person is found
23    not guilty, unless the finding of not guilty is by reason
24    of insanity; and
25        (6) At a time and place designated by the court, submit
26    to a psychological evaluation when the person has been

 

 

10100SB1968ham001- 386 -LRB101 08002 RLC 74920 a

1    charged with a violation of item (4) of subsection (a) of
2    Section 24-1 of the Criminal Code of 1961 or the Criminal
3    Code of 2012 and that violation occurred in a school or in
4    any conveyance owned, leased, or contracted by a school to
5    transport students to or from school or a school-related
6    activity, or on any public way within 1,000 feet of real
7    property comprising any school.
8    Psychological evaluations ordered pursuant to this Section
9shall be completed promptly and made available to the State,
10the defendant, and the court. As a further condition of
11pretrial release bail under these circumstances, the court
12shall order the defendant to refrain from entering upon the
13property of the school, including any conveyance owned, leased,
14or contracted by a school to transport students to or from
15school or a school-related activity, or on any public way
16within 1,000 feet of real property comprising any school. Upon
17receipt of the psychological evaluation, either the State or
18the defendant may request a change in the conditions of
19pretrial release bail, pursuant to Section 110-6 of this Code.
20The court may change the conditions of pretrial release bail to
21include a requirement that the defendant follow the
22recommendations of the psychological evaluation, including
23undergoing psychiatric treatment. The conclusions of the
24psychological evaluation and any statements elicited from the
25defendant during its administration are not admissible as
26evidence of guilt during the course of any trial on the charged

 

 

10100SB1968ham001- 387 -LRB101 08002 RLC 74920 a

1offense, unless the defendant places his or her mental
2competency in issue.
3    (b) The court may impose other conditions, such as the
4following, if the court finds that such conditions are
5reasonably necessary to assure the defendant's appearance in
6court, protect the public from the defendant, or prevent the
7defendant's unlawful interference with the orderly
8administration of justice:
9        (0.05) Not depart this State without leave of the
10    court;
11        (1) Report to or appear in person before such person or
12    agency as the court may direct;
13        (2) Refrain from possessing a firearm or other
14    dangerous weapon;
15        (3) Refrain from approaching or communicating with
16    particular persons or classes of persons;
17        (4) Refrain from going to certain described
18    geographical areas or premises;
19        (5) Refrain from engaging in certain activities or
20    indulging in intoxicating liquors or in certain drugs;
21        (6) Undergo treatment for drug addiction or
22    alcoholism;
23        (7) Undergo medical or psychiatric treatment;
24        (8) Work or pursue a course of study or vocational
25    training;
26        (9) Attend or reside in a facility designated by the

 

 

10100SB1968ham001- 388 -LRB101 08002 RLC 74920 a

1    court;
2        (10) Support his or her dependents;
3        (11) If a minor resides with his or her parents or in a
4    foster home, attend school, attend a non-residential
5    program for youths, and contribute to his or her own
6    support at home or in a foster home;
7        (12) Observe any curfew ordered by the court;
8        (13) Remain in the custody of such designated person or
9    organization agreeing to supervise his release. Such third
10    party custodian shall be responsible for notifying the
11    court if the defendant fails to observe the conditions of
12    release which the custodian has agreed to monitor, and
13    shall be subject to contempt of court for failure so to
14    notify the court;
15        (14) Be placed under direct supervision of the Pretrial
16    Services Agency, Probation Department or Court Services
17    Department in a pretrial bond home supervision capacity
18    with or without the use of an approved electronic
19    monitoring device subject to Article 8A of Chapter V of the
20    Unified Code of Corrections;
21        (14.1) The court may shall impose upon a defendant who
22    is charged with any alcohol, cannabis, methamphetamine, or
23    controlled substance violation and is placed under direct
24    supervision of the Pretrial Services Agency, Probation
25    Department or Court Services Department in a pretrial bond
26    home supervision capacity with the use of an approved

 

 

10100SB1968ham001- 389 -LRB101 08002 RLC 74920 a

1    monitoring device, as a condition of such pretrial
2    monitoring bail bond, a fee that represents costs
3    incidental to the electronic monitoring for each day of
4    such pretrial bail supervision ordered by the court, unless
5    after determining the inability of the defendant to pay the
6    fee, the court assesses a lesser fee or no fee as the case
7    may be. The fee shall be collected by the clerk of the
8    circuit court, except as provided in an administrative
9    order of the Chief Judge of the circuit court. The clerk of
10    the circuit court shall pay all monies collected from this
11    fee to the county treasurer for deposit in the substance
12    abuse services fund under Section 5-1086.1 of the Counties
13    Code, except as provided in an administrative order of the
14    Chief Judge of the circuit court.
15        The Chief Judge of the circuit court of the county may
16    by administrative order establish a program for electronic
17    monitoring of offenders with regard to drug-related and
18    alcohol-related offenses, in which a vendor supplies and
19    monitors the operation of the electronic monitoring
20    device, and collects the fees on behalf of the county. The
21    program shall include provisions for indigent offenders
22    and the collection of unpaid fees. The program shall not
23    unduly burden the offender and shall be subject to review
24    by the Chief Judge.
25        The Chief Judge of the circuit court may suspend any
26    additional charges or fees for late payment, interest, or

 

 

10100SB1968ham001- 390 -LRB101 08002 RLC 74920 a

1    damage to any device;
2        (14.2) The court may shall impose upon all defendants,
3    including those defendants subject to paragraph (14.1)
4    above, placed under direct supervision of the Pretrial
5    Services Agency, Probation Department or Court Services
6    Department in a pretrial bond home supervision capacity
7    with the use of an approved monitoring device, as a
8    condition of such release bail bond, a fee which shall
9    represent costs incidental to such electronic monitoring
10    for each day of such bail supervision ordered by the court,
11    unless after determining the inability of the defendant to
12    pay the fee, the court assesses a lesser fee or no fee as
13    the case may be. The fee shall be collected by the clerk of
14    the circuit court, except as provided in an administrative
15    order of the Chief Judge of the circuit court. The clerk of
16    the circuit court shall pay all monies collected from this
17    fee to the county treasurer who shall use the monies
18    collected to defray the costs of corrections. The county
19    treasurer shall deposit the fee collected in the county
20    working cash fund under Section 6-27001 or Section 6-29002
21    of the Counties Code, as the case may be, except as
22    provided in an administrative order of the Chief Judge of
23    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

 

 

10100SB1968ham001- 391 -LRB101 08002 RLC 74920 a

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        (14.3) The Chief Judge of the Judicial Circuit may
12    establish reasonable fees to be paid by a person receiving
13    pretrial services while under supervision of a pretrial
14    services agency, probation department, or court services
15    department. Reasonable fees may be charged for pretrial
16    services including, but not limited to, pretrial
17    supervision, diversion programs, electronic monitoring,
18    victim impact services, drug and alcohol testing, DNA
19    testing, GPS electronic monitoring, assessments and
20    evaluations related to domestic violence and other
21    victims, and victim mediation services. The person
22    receiving pretrial services may be ordered to pay all costs
23    incidental to pretrial services in accordance with his or
24    her ability to pay those costs;
25        (14.4) For persons charged with violating Section
26    11-501 of the Illinois Vehicle Code, refrain from operating

 

 

10100SB1968ham001- 392 -LRB101 08002 RLC 74920 a

1    a motor vehicle not equipped with an ignition interlock
2    device, as defined in Section 1-129.1 of the Illinois
3    Vehicle Code, pursuant to the rules promulgated by the
4    Secretary of State for the installation of ignition
5    interlock devices. Under this condition the court may allow
6    a defendant who is not self-employed to operate a vehicle
7    owned by the defendant's employer that is not equipped with
8    an ignition interlock device in the course and scope of the
9    defendant's employment;
10        (15) Comply with the terms and conditions of an order
11    of protection issued by the court under the Illinois
12    Domestic Violence Act of 1986 or an order of protection
13    issued by the court of another state, tribe, or United
14    States territory;
15        (16) (Blank); and Under Section 110-6.5 comply with the
16    conditions of the drug testing program; and
17        (17) Such other reasonable conditions as the court may
18    impose.
19    (c) When a person is charged with an offense under Section
2011-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
2112-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
22Criminal Code of 2012, involving a victim who is a minor under
2318 years of age living in the same household with the defendant
24at the time of the offense, in granting bail or releasing the
25defendant on his own recognizance, the judge shall impose
26conditions to restrict the defendant's access to the victim

 

 

10100SB1968ham001- 393 -LRB101 08002 RLC 74920 a

1which may include, but are not limited to conditions that he
2will:
3        1. Vacate the household.
4        2. Make payment of temporary support to his dependents.
5        3. Refrain from contact or communication with the child
6    victim, except as ordered by the court.
7    (d) When a person is charged with a criminal offense and
8the victim is a family or household member as defined in
9Article 112A, conditions shall be imposed at the time of the
10defendant's release on bond that restrict the defendant's
11access to the victim. Unless provided otherwise by the court,
12the restrictions shall include requirements that the defendant
13do the following:
14        (1) refrain from contact or communication with the
15    victim for a minimum period of 72 hours following the
16    defendant's release; and
17        (2) refrain from entering or remaining at the victim's
18    residence for a minimum period of 72 hours following the
19    defendant's release.
20    (e) Local law enforcement agencies shall develop
21standardized pretrial release bond forms for use in cases
22involving family or household members as defined in Article
23112A, including specific conditions of pretrial release bond as
24provided in subsection (d). Failure of any law enforcement
25department to develop or use those forms shall in no way limit
26the applicability and enforcement of subsections (d) and (f).

 

 

10100SB1968ham001- 394 -LRB101 08002 RLC 74920 a

1    (f) If the defendant is released admitted to bail after
2conviction following appeal or other post-conviction
3proceeding, the conditions of the pretrial release bail bond
4shall be that he will, in addition to the conditions set forth
5in subsections (a) and (b) hereof:
6        (1) Duly prosecute his appeal;
7        (2) Appear at such time and place as the court may
8    direct;
9        (3) Not depart this State without leave of the court;
10        (4) Comply with such other reasonable conditions as the
11    court may impose; and
12        (5) If the judgment is affirmed or the cause reversed
13    and remanded for a new trial, forthwith surrender to the
14    officer from whose custody he was released bailed.
15    (g) Upon a finding of guilty for any felony offense, the
16defendant shall physically surrender, at a time and place
17designated by the court, any and all firearms in his or her
18possession and his or her Firearm Owner's Identification Card
19as a condition of being released remaining on bond pending
20sentencing.
21    (h) In the event the defendant is denied pretrial release
22unable to post bond, the court may impose a no contact
23provision with the victim or other interested party that shall
24be enforced while the defendant remains in custody.
25(Source: P.A. 101-138, eff. 1-1-20.)
 

 

 

10100SB1968ham001- 395 -LRB101 08002 RLC 74920 a

1    (725 ILCS 5/110-11)  (from Ch. 38, par. 110-11)
2    Sec. 110-11. Pretrial release Bail on a new trial. If the
3judgment of conviction is reversed and the cause remanded for a
4new trial the trial court may order that the conditions of
5pretrial release bail stand pending such trial, or modify the
6conditions of pretrial release reduce or increase bail.
7(Source: Laws 1963, p. 2836.)
 
8    (725 ILCS 5/110-12)  (from Ch. 38, par. 110-12)
9    Sec. 110-12. Notice of change of address.
10    A defendant who has been admitted to pretrial release bail
11shall file a written notice with the clerk of the court before
12which the proceeding is pending of any change in his or her
13address within 24 hours after such change, except that a
14defendant who has been admitted to pretrial release bail for a
15forcible felony as defined in Section 2-8 of the Criminal Code
16of 2012 shall file a written notice with the clerk of the court
17before which the proceeding is pending and the clerk shall
18immediately deliver a time stamped copy of the written notice
19to the State's Attorney charged with the prosecution within 24
20hours prior to such change. The address of a defendant who has
21been admitted to pretrial release bail shall at all times
22remain a matter of public record with the clerk of the court.
23(Source: P.A. 97-1150, eff. 1-25-13.)
 
24    (725 ILCS 5/111-2)  (from Ch. 38, par. 111-2)

 

 

10100SB1968ham001- 396 -LRB101 08002 RLC 74920 a

1    Sec. 111-2. Commencement of prosecutions.
2    (a) All prosecutions of felonies shall be by information or
3by indictment. No prosecution may be pursued by information
4unless a preliminary hearing has been held or waived in
5accordance with Section 109-3 and at that hearing probable
6cause to believe the defendant committed an offense was found,
7and the provisions of Section 109-3.1 of this Code have been
8complied with.
9    (b) All other prosecutions may be by indictment,
10information or complaint.
11    (c) Upon the filing of an information or indictment in open
12court charging the defendant with the commission of a sex
13offense defined in any Section of Article 11 of the Criminal
14Code of 1961 or the Criminal Code of 2012, and a minor as
15defined in Section 1-3 of the Juvenile Court Act of 1987 is
16alleged to be the victim of the commission of the acts of the
17defendant in the commission of such offense, the court may
18appoint a guardian ad litem for the minor as provided in
19Section 2-17, 3-19, 4-16 or 5-610 of the Juvenile Court Act of
201987.
21    (d) Upon the filing of an information or indictment in open
22court, the court shall immediately issue a warrant for the
23arrest of each person charged with an offense directed to a
24peace officer or some other person specifically named
25commanding him to arrest such person.
26    (e) When the offense is eligible for pretrial release

 

 

10100SB1968ham001- 397 -LRB101 08002 RLC 74920 a

1bailable, the judge shall endorse on the warrant the conditions
2of pretrial release amount of bail required by the order of the
3court, and if the court orders the process returnable
4forthwith, the warrant shall require that the accused be
5arrested and brought immediately into court.
6    (f) Where the prosecution of a felony is by information or
7complaint after preliminary hearing, or after a waiver of
8preliminary hearing in accordance with paragraph (a) of this
9Section, such prosecution may be for all offenses, arising from
10the same transaction or conduct of a defendant even though the
11complaint or complaints filed at the preliminary hearing
12charged only one or some of the offenses arising from that
13transaction or conduct.
14(Source: P.A. 97-1150, eff. 1-25-13.)
 
15    (725 ILCS 5/112A-23)  (from Ch. 38, par. 112A-23)
16    Sec. 112A-23. Enforcement of protective orders.
17    (a) When violation is crime. A violation of any protective
18order, whether issued in a civil, quasi-criminal proceeding,
19shall be enforced by a criminal court when:
20        (1) The respondent commits the crime of violation of a
21    domestic violence order of protection pursuant to Section
22    12-3.4 or 12-30 of the Criminal Code of 1961 or the
23    Criminal Code of 2012, by having knowingly violated:
24            (i) remedies described in paragraphs (1), (2),
25        (3), (14), or (14.5) of subsection (b) of Section

 

 

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1        112A-14 of this Code,
2            (ii) a remedy, which is substantially similar to
3        the remedies authorized under paragraphs (1), (2),
4        (3), (14), or (14.5) of subsection (b) of Section 214
5        of the Illinois Domestic Violence Act of 1986, in a
6        valid order of protection, which is authorized under
7        the laws of another state, tribe or United States
8        territory, or
9            (iii) or any other remedy when the act constitutes
10        a crime against the protected parties as defined by the
11        Criminal Code of 1961 or the Criminal Code of 2012.
12        Prosecution for a violation of a domestic violence
13    order of protection shall not bar concurrent prosecution
14    for any other crime, including any crime that may have been
15    committed at the time of the violation of the domestic
16    violence order of protection; or
17        (2) The respondent commits the crime of child abduction
18    pursuant to Section 10-5 of the Criminal Code of 1961 or
19    the Criminal Code of 2012, by having knowingly violated:
20            (i) remedies described in paragraphs (5), (6), or
21        (8) of subsection (b) of Section 112A-14 of this Code,
22        or
23            (ii) a remedy, which is substantially similar to
24        the remedies authorized under paragraphs (1), (5),
25        (6), or (8) of subsection (b) of Section 214 of the
26        Illinois Domestic Violence Act of 1986, in a valid

 

 

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1        domestic violence order of protection, which is
2        authorized under the laws of another state, tribe or
3        United States territory.
4        (3) The respondent commits the crime of violation of a
5    civil no contact order when the respondent violates Section
6    12-3.8 of the Criminal Code of 2012. Prosecution for a
7    violation of a civil no contact order shall not bar
8    concurrent prosecution for any other crime, including any
9    crime that may have been committed at the time of the
10    violation of the civil no contact order.
11        (4) The respondent commits the crime of violation of a
12    stalking no contact order when the respondent violates
13    Section 12-3.9 of the Criminal Code of 2012. Prosecution
14    for a violation of a stalking no contact order shall not
15    bar concurrent prosecution for any other crime, including
16    any crime that may have been committed at the time of the
17    violation of the stalking no contact order.
18    (b) When violation is contempt of court. A violation of any
19valid protective order, whether issued in a civil or criminal
20proceeding, may be enforced through civil or criminal contempt
21procedures, as appropriate, by any court with jurisdiction,
22regardless where the act or acts which violated the protective
23order were committed, to the extent consistent with the venue
24provisions of this Article. Nothing in this Article shall
25preclude any Illinois court from enforcing any valid protective
26order issued in another state. Illinois courts may enforce

 

 

10100SB1968ham001- 400 -LRB101 08002 RLC 74920 a

1protective orders through both criminal prosecution and
2contempt proceedings, unless the action which is second in time
3is barred by collateral estoppel or the constitutional
4prohibition against double jeopardy.
5        (1) In a contempt proceeding where the petition for a
6    rule to show cause sets forth facts evidencing an immediate
7    danger that the respondent will flee the jurisdiction,
8    conceal a child, or inflict physical abuse on the
9    petitioner or minor children or on dependent adults in
10    petitioner's care, the court may order the attachment of
11    the respondent without prior service of the rule to show
12    cause or the petition for a rule to show cause. Bond shall
13    be set unless specifically denied in writing.
14        (2) A petition for a rule to show cause for violation
15    of a protective order shall be treated as an expedited
16    proceeding.
17    (c) Violation of custody, allocation of parental
18responsibility, or support orders. A violation of remedies
19described in paragraphs (5), (6), (8), or (9) of subsection (b)
20of Section 112A-14 of this Code may be enforced by any remedy
21provided by Section 607.5 of the Illinois Marriage and
22Dissolution of Marriage Act. The court may enforce any order
23for support issued under paragraph (12) of subsection (b) of
24Section 112A-14 of this Code in the manner provided for under
25Parts V and VII of the Illinois Marriage and Dissolution of
26Marriage Act.

 

 

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1    (d) Actual knowledge. A protective order may be enforced
2pursuant to this Section if the respondent violates the order
3after respondent has actual knowledge of its contents as shown
4through one of the following means:
5        (1) (Blank).
6        (2) (Blank).
7        (3) By service of a protective order under subsection
8    (f) of Section 112A-17.5 or Section 112A-22 of this Code.
9        (4) By other means demonstrating actual knowledge of
10    the contents of the order.
11    (e) The enforcement of a protective order in civil or
12criminal court shall not be affected by either of the
13following:
14        (1) The existence of a separate, correlative order
15    entered under Section 112A-15 of this Code.
16        (2) Any finding or order entered in a conjoined
17    criminal proceeding.
18    (f) Circumstances. The court, when determining whether or
19not a violation of a protective order has occurred, shall not
20require physical manifestations of abuse on the person of the
21victim.
22    (g) Penalties.
23        (1) Except as provided in paragraph (3) of this
24    subsection (g), where the court finds the commission of a
25    crime or contempt of court under subsections (a) or (b) of
26    this Section, the penalty shall be the penalty that

 

 

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1    generally applies in such criminal or contempt
2    proceedings, and may include one or more of the following:
3    incarceration, payment of restitution, a fine, payment of
4    attorneys' fees and costs, or community service.
5        (2) The court shall hear and take into account evidence
6    of any factors in aggravation or mitigation before deciding
7    an appropriate penalty under paragraph (1) of this
8    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 penalty
23    or that period of imprisonment would be manifestly unjust.
24        (4) In addition to any other penalties imposed for a
25    violation of a protective order, a criminal court may
26    consider evidence of any violations of a protective order:

 

 

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1            (i) to increase, revoke, or modify the conditions
2        of pretrial release bail bond on an underlying criminal
3        charge pursuant to Section 110-6 of this Code;
4            (ii) to revoke or modify an order of probation,
5        conditional discharge, or supervision, pursuant to
6        Section 5-6-4 of the Unified Code of Corrections;
7            (iii) to revoke or modify a sentence of periodic
8        imprisonment, pursuant to Section 5-7-2 of the Unified
9        Code of Corrections.
10(Source: P.A. 99-90, eff. 1-1-16; 100-199, eff. 1-1-18;
11100-597, eff. 6-29-18; revised 7-12-19.)
 
12    (725 ILCS 5/114-1)  (from Ch. 38, par. 114-1)
13    Sec. 114-1. Motion to dismiss charge.
14    (a) Upon the written motion of the defendant made prior to
15trial before or after a plea has been entered the court may
16dismiss the indictment, information or complaint upon any of
17the following grounds:
18        (1) The defendant has not been placed on trial in
19    compliance with Section 103-5 of this Code.
20        (2) The prosecution of the offense is barred by
21    Sections 3-3 through 3-8 of the Criminal Code of 2012.
22        (3) The defendant has received immunity from
23    prosecution for the offense charged.
24        (4) The indictment was returned by a Grand Jury which
25    was improperly selected and which results in substantial

 

 

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1    injustice to the defendant.
2        (5) The indictment was returned by a Grand Jury which
3    acted contrary to Article 112 of this Code and which
4    results in substantial injustice to the defendant.
5        (6) The court in which the charge has been filed does
6    not have jurisdiction.
7        (7) The county is an improper place of trial.
8        (8) The charge does not state an offense.
9        (9) The indictment is based solely upon the testimony
10    of an incompetent witness.
11        (10) The defendant is misnamed in the charge and the
12    misnomer results in substantial injustice to the
13    defendant.
14        (11) The requirements of Section 109-3.1 have not been
15    complied with.
16    (b) The court shall require any motion to dismiss to be
17filed within a reasonable time after the defendant has been
18arraigned. Any motion not filed within such time or an
19extension thereof shall not be considered by the court and the
20grounds therefor, except as to subsections (a)(6) and (a)(8) of
21this Section, are waived.
22    (c) If the motion presents only an issue of law the court
23shall determine it without the necessity of further pleadings.
24If the motion alleges facts not of record in the case the State
25shall file an answer admitting or denying each of the factual
26allegations of the motion.

 

 

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1    (d) When an issue of fact is presented by a motion to
2dismiss and the answer of the State the court shall conduct a
3hearing and determine the issues.
4    (d-5) When a defendant seeks dismissal of the charge upon
5the ground set forth in subsection (a)(7) of this Section, the
6defendant shall make a prima facie showing that the county is
7an improper place of trial. Upon such showing, the State shall
8have the burden of proving, by a preponderance of the evidence,
9that the county is the proper place of trial.
10    (d-6) When a defendant seeks dismissal of the charge upon
11the grounds set forth in subsection (a)(2) of this Section, the
12prosecution shall have the burden of proving, by a
13preponderance of the evidence, that the prosecution of the
14offense is not barred by Sections 3-3 through 3-8 of the
15Criminal Code of 2012.
16    (e) Dismissal of the charge upon the grounds set forth in
17subsections (a)(4) through (a)(11) of this Section shall not
18prevent the return of a new indictment or the filing of a new
19charge, and upon such dismissal the court may order that the
20defendant be held in custody or, if the defendant had been
21previously released on pretrial release bail, that the pretrial
22release bail be continued for a specified time pending the
23return of a new indictment or the filing of a new charge.
24    (f) If the court determines that the motion to dismiss
25based upon the grounds set forth in subsections (a)(6) and
26(a)(7) is well founded it may, instead of dismissal, order the

 

 

10100SB1968ham001- 406 -LRB101 08002 RLC 74920 a

1cause transferred to a court of competent jurisdiction or to a
2proper place of trial.
3(Source: P.A. 100-434, eff. 1-1-18.)
 
4    (725 ILCS 5/115-4.1)  (from Ch. 38, par. 115-4.1)
5    Sec. 115-4.1. Absence of defendant.
6    (a) When a defendant after arrest and an initial court
7appearance for a non-capital felony or a misdemeanor, fails to
8appear for trial, at the request of the State and after the
9State has affirmatively proven through substantial evidence
10that the defendant is willfully avoiding trial, the court may
11commence trial in the absence of the defendant. Absence of a
12defendant as specified in this Section shall not be a bar to
13indictment of a defendant, return of information against a
14defendant, or arraignment of a defendant for the charge for
15which pretrial release bail has been granted. If a defendant
16fails to appear at arraignment, the court may enter a plea of
17"not guilty" on his behalf. If a defendant absents himself
18before trial on a capital felony, trial may proceed as
19specified in this Section provided that the State certifies
20that it will not seek a death sentence following conviction.
21Trial in the defendant's absence shall be by jury unless the
22defendant had previously waived trial by jury. The absent
23defendant must be represented by retained or appointed counsel.
24The court, at the conclusion of all of the proceedings, may
25order the clerk of the circuit court to pay counsel such sum as

 

 

10100SB1968ham001- 407 -LRB101 08002 RLC 74920 a

1the court deems reasonable, from any bond monies which were
2posted by the defendant with the clerk, after the clerk has
3first deducted all court costs. If trial had previously
4commenced in the presence of the defendant and the defendant
5willfully absents himself for two successive court days, the
6court shall proceed to trial. All procedural rights guaranteed
7by the United States Constitution, Constitution of the State of
8Illinois, statutes of the State of Illinois, and rules of court
9shall apply to the proceedings the same as if the defendant
10were present in court and had not either had his or her
11pretrial release revoked forfeited his bail bond or escaped
12from custody. The court may set the case for a trial which may
13be conducted under this Section despite the failure of the
14defendant to appear at the hearing at which the trial date is
15set. When such trial date is set the clerk shall send to the
16defendant, by certified mail at his last known address
17indicated on his bond slip, notice of the new date which has
18been set for trial. Such notification shall be required when
19the defendant was not personally present in open court at the
20time when the case was set for trial.
21    (b) The absence of a defendant from a trial conducted
22pursuant to this Section does not operate as a bar to
23concluding the trial, to a judgment of conviction resulting
24therefrom, or to a final disposition of the trial in favor of
25the defendant.
26    (c) Upon a verdict of not guilty, the court shall enter

 

 

10100SB1968ham001- 408 -LRB101 08002 RLC 74920 a

1judgment for the defendant. Upon a verdict of guilty, the court
2shall set a date for the hearing of post-trial motions and
3shall hear such motion in the absence of the defendant. If
4post-trial motions are denied, the court shall proceed to
5conduct a sentencing hearing and to impose a sentence upon the
6defendant.
7    (d) A defendant who is absent for part of the proceedings
8of trial, post-trial motions, or sentencing, does not thereby
9forfeit his right to be present at all remaining proceedings.
10    (e) When a defendant who in his absence has been either
11convicted or sentenced or both convicted and sentenced appears
12before the court, he must be granted a new trial or new
13sentencing hearing if the defendant can establish that his
14failure to appear in court was both without his fault and due
15to circumstances beyond his control. A hearing with notice to
16the State's Attorney on the defendant's request for a new trial
17or a new sentencing hearing must be held before any such
18request may be granted. At any such hearing both the defendant
19and the State may present evidence.
20    (f) If the court grants only the defendant's request for a
21new sentencing hearing, then a new sentencing hearing shall be
22held in accordance with the provisions of the Unified Code of
23Corrections. At any such hearing, both the defendant and the
24State may offer evidence of the defendant's conduct during his
25period of absence from the court. The court may impose any
26sentence authorized by the Unified Code of Corrections and is

 

 

10100SB1968ham001- 409 -LRB101 08002 RLC 74920 a

1not in any way limited or restricted by any sentence previously
2imposed.
3    (g) A defendant whose motion under paragraph (e) for a new
4trial or new sentencing hearing has been denied may file a
5notice of appeal therefrom. Such notice may also include a
6request for review of the judgment and sentence not vacated by
7the trial court.
8(Source: P.A. 90-787, eff. 8-14-98.)
 
9    (725 ILCS 5/122-6)  (from Ch. 38, par. 122-6)
10    Sec. 122-6. Disposition in trial court.
11    The court may receive proof by affidavits, depositions,
12oral testimony, or other evidence. In its discretion the court
13may order the petitioner brought before the court for the
14hearing. If the court finds in favor of the petitioner, it
15shall enter an appropriate order with respect to the judgment
16or sentence in the former proceedings and such supplementary
17orders as to rearraignment, retrial, custody, conditions of
18pretrial release bail or discharge as may be necessary and
19proper.
20(Source: Laws 1963, p. 2836.)
 
21    Section 10-256. The Code of Criminal Procedure of 1963 is
22amended by changing the heading of Article 110 by changing
23Sections 103-2, 103-3, and 108-8 as follows:
 

 

 

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1    (725 ILCS 5/103-2)  (from Ch. 38, par. 103-2)
2    Sec. 103-2. Treatment while in custody.
3    (a) On being taken into custody every person shall have the
4right to remain silent.
5    (b) No unlawful means of any kind shall be used to obtain a
6statement, admission or confession from any person in custody.
7    (c) Persons in custody shall be treated humanely and
8provided with proper food, shelter and, if required, medical
9treatment without unreasonable delay if the need for the
10treatment is apparent.
11(Source: Laws 1963, p. 2836.)
 
12    (725 ILCS 5/103-3)  (from Ch. 38, par. 103-3)
13    Sec. 103-3. Right to communicate with attorney and family;
14transfers.
15    (a) (Blank). Persons who are arrested shall have the right
16to communicate with an attorney of their choice and a member of
17their family by making a reasonable number of telephone calls
18or in any other reasonable manner. Such communication shall be
19permitted within a reasonable time after arrival at the first
20place of custody.
21    (a-5) Persons who are in police custody have the right to
22communicate free of charge with an attorney of their choice and
23members of their family as soon as possible upon being taken
24into police custody, but no later than three hours after
25arrival at the first place of custody. Persons in police

 

 

10100SB1968ham001- 411 -LRB101 08002 RLC 74920 a

1custody must be given:
2        (1) access to use a telephone via a land line or
3    cellular phone to make three phone calls; and
4        (2) the ability to retrieve phone numbers contained in
5    his or her contact list on his or her cellular phone prior
6    to the phone being placed into inventory.
7    (a-10) In accordance with Section 103-7, at every facility
8where a person is in police custody a sign containing, at
9minimum, the following information in bold block type must be
10posted in a conspicuous place:
11        (1) a short statement notifying persons who are in
12    police custody of their right to have access to a phone
13    within three hours after being taken into police custody;
14    and
15        (2) persons who are in police custody have the right to
16    make three phone calls within three hours after being taken
17    into custody, at no charge.
18    (a-15) In addition to the information listed in subsection
19(a-10), if the place of custody is located in a jurisdiction
20where the court has appointed the public defender or other
21attorney to represent persons who are in police custody, the
22telephone number to the public defender or appointed attorney's
23office must also be displayed. The telephone call to the public
24defender or other attorney must not be monitored, eavesdropped
25upon, or recorded.
26    (b) (Blank). In the event the accused is transferred to a

 

 

10100SB1968ham001- 412 -LRB101 08002 RLC 74920 a

1new place of custody his right to communicate with an attorney
2and a member of his family is renewed.
3    (c) In the event a person who is in police custody is
4transferred to a new place of custody, his or her right to make
5telephone calls under this Section within three hours after
6arrival is renewed.
7    (d) In this Section "custody" means the restriction of a
8person's freedom of movement by a law enforcement officer's
9exercise of his or her lawful authority.
10    (e) The three hours requirement shall not apply while the
11person in police custody is asleep, unconscious, or otherwise
12incapacitated.
13    (f) Nothing in this Section shall interfere with a person's
14rights or override procedures required in the Bill of Rights of
15the Illinois and US Constitutions, including but not limited to
16Fourth Amendment search and seizure rights, Fifth Amendment due
17process rights and rights to be free from self-incrimination
18and Sixth Amendment right to counsel.
19(Source: Laws 1963, p. 2836.)
 
20    (725 ILCS 5/108-8)  (from Ch. 38, par. 108-8)
21    Sec. 108-8. Use of force in execution of search warrant.
22    (a) All necessary and reasonable force may be used to
23effect an entry into any building or property or part thereof
24to execute a search warrant.
25    (b) The court issuing a warrant may authorize the officer

 

 

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1executing the warrant to make entry without first knocking and
2announcing his or her office if it finds, based upon a showing
3of specific facts, the existence of the following exigent
4circumstances:
5        (1) That the officer reasonably believes that if notice
6    were given a weapon would be used:
7            (i) against the officer executing the search
8        warrant; or
9            (ii) against another person.
10        (2) That if notice were given there is an imminent
11    "danger" that evidence will be destroyed.
12    (c) Prior to the issuing of a warrant under subsection (b),
13the officer must attest that:
14        (1) prior to entering the location described in the
15    search warrant, a supervising officer will ensure that each
16    participating member is assigned a body worn camera and is
17    following policies and procedures in accordance with
18    Section 10-20 of the Law Enforcement Officer-Worn Body
19    Camera Act; provided that the law enforcement agency has
20    implemented body worn camera in accordance with Section
21    10-15 of the Law Enforcement Officer-Worn Body Camera Act.
22    If a law enforcement agency has not implemented a body
23    camera in accordance with Section 10-15 of the Law
24    Enforcement Officer-Worn Body Camera Act, the officer must
25    attest that the interaction authorized by the warrant is
26    otherwise recorded;

 

 

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1        (2) steps were taken in planning the search to ensure
2    accuracy and plan for children or other vulnerable people
3    on-site; and
4        (3) if an officer becomes aware the search warrant was
5    executed at an address, unit, or apartment different from
6    the location listed on the search warrant, that member will
7    immediately notify a supervisor who will ensure an internal
8    investigation ensues.
9(Source: P.A. 92-502, eff. 12-19-01.)
 
10    (725 ILCS 5/110-5.1 rep.)
11    (725 ILCS 5/110-6.3 rep.)
12    (725 ILCS 5/110-6.5 rep.)
13    (725 ILCS 5/110-7 rep.)
14    (725 ILCS 5/110-8 rep.)
15    (725 ILCS 5/110-9 rep.)
16    (725 ILCS 5/110-13 rep.)
17    (725 ILCS 5/110-14 rep.)
18    (725 ILCS 5/110-15 rep.)
19    (725 ILCS 5/110-16 rep.)
20    (725 ILCS 5/110-17 rep.)
21    (725 ILCS 5/110-18 rep.)
22    Section 10-260. The Code of Criminal Procedure of 1963 is
23amended by repealing Sections 110-5.1, 110-6.3, 110-6.5,
24110-7, 110-8, 110-9, 110-13, 110-14, 110-15, 110-16, 110-17,
25and 110-18.
 

 

 

10100SB1968ham001- 415 -LRB101 08002 RLC 74920 a

1    Section 10-265. The Rights of Crime Victims and Witnesses
2Act 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 court
18    proceeding in which a right of the victim is at issue and
19    any court proceeding involving a post-arraignment release
20    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.

 

 

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1        (7) The right to be reasonably protected from the
2    accused through the criminal justice process.
3        (7.5) The right to have the safety of the victim and
4    the victim's family considered in denying or fixing the
5    amount of bail, determining whether to release the
6    defendant, and setting conditions of release after arrest
7    and conviction.
8        (8) The right to be present at the trial and all other
9    court proceedings on the same basis as the accused, unless
10    the victim is to testify and the court determines that the
11    victim's testimony would be materially affected if the
12    victim hears other testimony at the trial.
13        (9) The right to have present at all court proceedings,
14    including proceedings under the Juvenile Court Act of 1987,
15    subject to the rules of evidence, an advocate and other
16    support person of the victim's choice.
17        (10) The right to restitution.
18    (b) Any law enforcement agency that investigates an offense
19committed in this State shall provide a crime victim with a
20written statement and explanation of the rights of crime
21victims under this amendatory Act of the 99th General Assembly
22within 48 hours of law enforcement's initial contact with a
23victim. The statement shall include information about crime
24victim compensation, including how to contact the Office of the
25Illinois Attorney General to file a claim, and appropriate
26referrals to local and State programs that provide victim

 

 

10100SB1968ham001- 417 -LRB101 08002 RLC 74920 a

1services. The content of the statement shall be provided to law
2enforcement by the Attorney General. Law enforcement shall also
3provide a crime victim with a sign-off sheet that the victim
4shall sign and date as an acknowledgement that he or she has
5been furnished with information and an explanation of the
6rights of crime victims and compensation set forth in this Act.
7    (b-5) Upon the request of the victim, the law enforcement
8agency having jurisdiction shall provide a free copy of the
9police report concerning the victim's incident, as soon as
10practicable, but in no event later than 5 business days from
11the request.
12    (c) The Clerk of the Circuit Court shall post the rights of
13crime victims set forth in Article I, Section 8.1(a) of the
14Illinois Constitution and subsection (a) of this Section within
153 feet of the door to any courtroom where criminal proceedings
16are conducted. The clerk may also post the rights in other
17locations in the courthouse.
18    (d) At any point, the victim has the right to retain a
19victim's attorney who may be present during all stages of any
20interview, investigation, or other interaction with
21representatives of the criminal justice system. Treatment of
22the victim should not be affected or altered in any way as a
23result 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    (725 ILCS 120/4.5)

 

 

10100SB1968ham001- 418 -LRB101 08002 RLC 74920 a

1    Sec. 4.5. Procedures to implement the rights of crime
2victims. To afford crime victims their rights, law enforcement,
3prosecutors, judges, and corrections will provide information,
4as appropriate, of the following procedures:
5    (a) At the request of the crime victim, law enforcement
6authorities investigating the case shall provide notice of the
7status of the investigation, except where the State's Attorney
8determines that disclosure of such information would
9unreasonably interfere with the investigation, until such time
10as the alleged assailant is apprehended or the investigation is
11closed.
12    (a-5) When law enforcement authorities reopen a closed case
13to resume investigating, they shall provide notice of the
14reopening of the case, except where the State's Attorney
15determines that disclosure of such information would
16unreasonably interfere with the investigation.
17    (b) The office of the State's Attorney:
18        (1) shall provide notice of the filing of an
19    information, the return of an indictment, or the filing of
20    a petition to adjudicate a minor as a delinquent for a
21    violent crime;
22        (2) shall provide timely notice of the date, time, and
23    place of court proceedings; of any change in the date,
24    time, and place of court proceedings; and of any
25    cancellation of court proceedings. Notice shall be
26    provided in sufficient time, wherever possible, for the

 

 

10100SB1968ham001- 419 -LRB101 08002 RLC 74920 a

1    victim to make arrangements to attend or to prevent an
2    unnecessary appearance at court proceedings;
3        (3) or victim advocate personnel shall provide
4    information of social services and financial assistance
5    available for victims of crime, including information of
6    how to apply for these services and assistance;
7        (3.5) or victim advocate personnel shall provide
8    information about available victim services, including
9    referrals to programs, counselors, and agencies that
10    assist a victim to deal with trauma, loss, and grief;
11        (4) shall assist in having any stolen or other personal
12    property held by law enforcement authorities for
13    evidentiary or other purposes returned as expeditiously as
14    possible, pursuant to the procedures set out in Section
15    115-9 of the Code of Criminal Procedure of 1963;
16        (5) or victim advocate personnel shall provide
17    appropriate employer intercession services to ensure that
18    employers of victims will cooperate with the criminal
19    justice system in order to minimize an employee's loss of
20    pay and other benefits resulting from court appearances;
21        (6) shall provide, whenever possible, a secure waiting
22    area during court proceedings that does not require victims
23    to be in close proximity to defendants or juveniles accused
24    of a violent crime, and their families and friends;
25        (7) shall provide notice to the crime victim of the
26    right to have a translator present at all court proceedings

 

 

10100SB1968ham001- 420 -LRB101 08002 RLC 74920 a

1    and, in compliance with the federal Americans with
2    Disabilities Act of 1990, the right to communications
3    access through a sign language interpreter or by other
4    means;
5        (8) (blank);
6        (8.5) shall inform the victim of the right to be
7    present at all court proceedings, unless the victim is to
8    testify and the court determines that the victim's
9    testimony would be materially affected if the victim hears
10    other testimony at trial;
11        (9) shall inform the victim of the right to have
12    present at all court proceedings, subject to the rules of
13    evidence and confidentiality, an advocate and other
14    support person of the victim's choice;
15        (9.3) shall inform the victim of the right to retain an
16    attorney, at the victim's own expense, who, upon written
17    notice filed with the clerk of the court and State's
18    Attorney, is to receive copies of all notices, motions, and
19    court orders filed thereafter in the case, in the same
20    manner as if the victim were a named party in the case;
21        (9.5) shall inform the victim of (A) the victim's right
22    under Section 6 of this Act to make a statement at the
23    sentencing hearing; (B) the right of the victim's spouse,
24    guardian, parent, grandparent, and other immediate family
25    and household members under Section 6 of this Act to
26    present a statement at sentencing; and (C) if a presentence

 

 

10100SB1968ham001- 421 -LRB101 08002 RLC 74920 a

1    report is to be prepared, the right of the victim's spouse,
2    guardian, parent, grandparent, and other immediate family
3    and household members to submit information to the preparer
4    of the presentence report about the effect the offense has
5    had on the victim and the person;
6        (10) at the sentencing shall make a good faith attempt
7    to explain the minimum amount of time during which the
8    defendant may actually be physically imprisoned. The
9    Office of the State's Attorney shall further notify the
10    crime victim of the right to request from the Prisoner
11    Review Board or Department of Juvenile Justice information
12    concerning the release of the defendant;
13        (11) shall request restitution at sentencing and as
14    part of a plea agreement if the victim requests
15    restitution;
16        (12) shall, upon the court entering a verdict of not
17    guilty by reason of insanity, inform the victim of the
18    notification services available from the Department of
19    Human Services, including the statewide telephone number,
20    under subparagraph (d)(2) of this Section;
21        (13) shall provide notice within a reasonable time
22    after receipt of notice from the custodian, of the release
23    of the defendant on pretrial release bail or personal
24    recognizance or the release from detention of a minor who
25    has been detained;
26        (14) shall explain in nontechnical language the

 

 

10100SB1968ham001- 422 -LRB101 08002 RLC 74920 a

1    details of any plea or verdict of a defendant, or any
2    adjudication of a juvenile as a delinquent;
3        (15) shall make all reasonable efforts to consult with
4    the crime victim before the Office of the State's Attorney
5    makes an offer of a plea bargain to the defendant or enters
6    into negotiations with the defendant concerning a possible
7    plea agreement, and shall consider the written statement,
8    if prepared prior to entering into a plea agreement. The
9    right to consult with the prosecutor does not include the
10    right to veto a plea agreement or to insist the case go to
11    trial. If the State's Attorney has not consulted with the
12    victim prior to making an offer or entering into plea
13    negotiations with the defendant, the Office of the State's
14    Attorney shall notify the victim of the offer or the
15    negotiations within 2 business days and confer with the
16    victim;
17        (16) shall provide notice of the ultimate disposition
18    of the cases arising from an indictment or an information,
19    or a petition to have a juvenile adjudicated as a
20    delinquent for a violent crime;
21        (17) shall provide notice of any appeal taken by the
22    defendant and information on how to contact the appropriate
23    agency handling the appeal, and how to request notice of
24    any hearing, oral argument, or decision of an appellate
25    court;
26        (18) shall provide timely notice of any request for

 

 

10100SB1968ham001- 423 -LRB101 08002 RLC 74920 a

1    post-conviction review filed by the defendant under
2    Article 122 of the Code of Criminal Procedure of 1963, and
3    of the date, time and place of any hearing concerning the
4    petition. Whenever possible, notice of the hearing shall be
5    given within 48 hours of the court's scheduling of the
6    hearing; and
7        (19) shall forward a copy of any statement presented
8    under Section 6 to the Prisoner Review Board or Department
9    of Juvenile Justice to be considered in making a
10    determination under Section 3-2.5-85 or subsection (b) of
11    Section 3-3-8 of the Unified Code of Corrections.
12    (c) The court shall ensure that the rights of the victim
13are afforded.
14    (c-5) The following procedures shall be followed to afford
15victims the rights guaranteed by Article I, Section 8.1 of the
16Illinois Constitution:
17        (1) Written notice. A victim may complete a written
18    notice of intent to assert rights on a form prepared by the
19    Office of the Attorney General and provided to the victim
20    by the State's Attorney. The victim may at any time provide
21    a revised written notice to the State's Attorney. The
22    State's Attorney shall file the written notice with the
23    court. At the beginning of any court proceeding in which
24    the right of a victim may be at issue, the court and
25    prosecutor shall review the written notice to determine
26    whether the victim has asserted the right that may be at

 

 

10100SB1968ham001- 424 -LRB101 08002 RLC 74920 a

1    issue.
2        (2) Victim's retained attorney. A victim's attorney
3    shall file an entry of appearance limited to assertion of
4    the victim's rights. Upon the filing of the entry of
5    appearance and service on the State's Attorney and the
6    defendant, the attorney is to receive copies of all
7    notices, motions and court orders filed thereafter in the
8    case.
9        (3) Standing. The victim has standing to assert the
10    rights enumerated in subsection (a) of Article I, Section
11    8.1 of the Illinois Constitution and the statutory rights
12    under Section 4 of this Act in any court exercising
13    jurisdiction over the criminal case. The prosecuting
14    attorney, a victim, or the victim's retained attorney may
15    assert the victim's rights. The defendant in the criminal
16    case has no standing to assert a right of the victim in any
17    court proceeding, including on appeal.
18        (4) Assertion of and enforcement of rights.
19            (A) The prosecuting attorney shall assert a
20        victim's right or request enforcement of a right by
21        filing a motion or by orally asserting the right or
22        requesting enforcement in open court in the criminal
23        case outside the presence of the jury. The prosecuting
24        attorney shall consult with the victim and the victim's
25        attorney regarding the assertion or enforcement of a
26        right. If the prosecuting attorney decides not to

 

 

10100SB1968ham001- 425 -LRB101 08002 RLC 74920 a

1        assert or enforce a victim's right, the prosecuting
2        attorney shall notify the victim or the victim's
3        attorney in sufficient time to allow the victim or the
4        victim's attorney to assert the right or to seek
5        enforcement of a right.
6            (B) If the prosecuting attorney elects not to
7        assert a victim's right or to seek enforcement of a
8        right, the victim or the victim's attorney may assert
9        the victim's right or request enforcement of a right by
10        filing a motion or by orally asserting the right or
11        requesting enforcement in open court in the criminal
12        case outside the presence of the jury.
13            (C) If the prosecuting attorney asserts a victim's
14        right or seeks enforcement of a right, and the court
15        denies the assertion of the right or denies the request
16        for enforcement of a right, the victim or victim's
17        attorney may file a motion to assert the victim's right
18        or to request enforcement of the right within 10 days
19        of the court's ruling. The motion need not demonstrate
20        the grounds for a motion for reconsideration. The court
21        shall rule on the merits of the motion.
22            (D) The court shall take up and decide any motion
23        or request asserting or seeking enforcement of a
24        victim's right without delay, unless a specific time
25        period is specified by law or court rule. The reasons
26        for any decision denying the motion or request shall be

 

 

10100SB1968ham001- 426 -LRB101 08002 RLC 74920 a

1        clearly stated on the record.
2        (5) Violation of rights and remedies.
3            (A) If the court determines that a victim's right
4        has been violated, the court shall determine the
5        appropriate remedy for the violation of the victim's
6        right by hearing from the victim and the parties,
7        considering all factors relevant to the issue, and then
8        awarding appropriate relief to the victim.
9            (A-5) Consideration of an issue of a substantive
10        nature or an issue that implicates the constitutional
11        or statutory right of a victim at a court proceeding
12        labeled as a status hearing shall constitute a per se
13        violation of a victim's right.
14            (B) The appropriate remedy shall include only
15        actions necessary to provide the victim the right to
16        which the victim was entitled and may include reopening
17        previously held proceedings; however, in no event
18        shall the court vacate a conviction. Any remedy shall
19        be tailored to provide the victim an appropriate remedy
20        without violating any constitutional right of the
21        defendant. In no event shall the appropriate remedy be
22        a new trial, damages, or costs.
23        (6) Right to be heard. Whenever a victim has the right
24    to be heard, the court shall allow the victim to exercise
25    the right in any reasonable manner the victim chooses.
26        (7) Right to attend trial. A party must file a written

 

 

10100SB1968ham001- 427 -LRB101 08002 RLC 74920 a

1    motion to exclude a victim from trial at least 60 days
2    prior to the date set for trial. The motion must state with
3    specificity the reason exclusion is necessary to protect a
4    constitutional right of the party, and must contain an
5    offer of proof. The court shall rule on the motion within
6    30 days. If the motion is granted, the court shall set
7    forth on the record the facts that support its finding that
8    the victim's testimony will be materially affected if the
9    victim hears other testimony at trial.
10        (8) Right to have advocate and support person present
11    at court proceedings.
12            (A) A party who intends to call an advocate as a
13        witness at trial must seek permission of the court
14        before the subpoena is issued. The party must file a
15        written motion at least 90 days before trial that sets
16        forth specifically the issues on which the advocate's
17        testimony is sought and an offer of proof regarding (i)
18        the content of the anticipated testimony of the
19        advocate; and (ii) the relevance, admissibility, and
20        materiality of the anticipated testimony. The court
21        shall consider the motion and make findings within 30
22        days of the filing of the motion. If the court finds by
23        a preponderance of the evidence that: (i) the
24        anticipated testimony is not protected by an absolute
25        privilege; and (ii) the anticipated testimony contains
26        relevant, admissible, and material evidence that is

 

 

10100SB1968ham001- 428 -LRB101 08002 RLC 74920 a

1        not available through other witnesses or evidence, the
2        court shall issue a subpoena requiring the advocate to
3        appear to testify at an in camera hearing. The
4        prosecuting attorney and the victim shall have 15 days
5        to seek appellate review before the advocate is
6        required to testify at an ex parte in camera
7        proceeding.
8            The prosecuting attorney, the victim, and the
9        advocate's attorney shall be allowed to be present at
10        the ex parte in camera proceeding. If, after conducting
11        the ex parte in camera hearing, the court determines
12        that due process requires any testimony regarding
13        confidential or privileged information or
14        communications, the court shall provide to the
15        prosecuting attorney, the victim, and the advocate's
16        attorney a written memorandum on the substance of the
17        advocate's testimony. The prosecuting attorney, the
18        victim, and the advocate's attorney shall have 15 days
19        to seek appellate review before a subpoena may be
20        issued for the advocate to testify at trial. The
21        presence of the prosecuting attorney at the ex parte in
22        camera proceeding does not make the substance of the
23        advocate's testimony that the court has ruled
24        inadmissible subject to discovery.
25            (B) If a victim has asserted the right to have a
26        support person present at the court proceedings, the

 

 

10100SB1968ham001- 429 -LRB101 08002 RLC 74920 a

1        victim shall provide the name of the person the victim
2        has chosen to be the victim's support person to the
3        prosecuting attorney, within 60 days of trial. The
4        prosecuting attorney shall provide the name to the
5        defendant. If the defendant intends to call the support
6        person as a witness at trial, the defendant must seek
7        permission of the court before a subpoena is issued.
8        The defendant must file a written motion at least 45
9        days prior to trial that sets forth specifically the
10        issues on which the support person will testify and an
11        offer of proof regarding: (i) the content of the
12        anticipated testimony of the support person; and (ii)
13        the relevance, admissibility, and materiality of the
14        anticipated testimony.
15            If the prosecuting attorney intends to call the
16        support person as a witness during the State's
17        case-in-chief, the prosecuting attorney shall inform
18        the court of this intent in the response to the
19        defendant's written motion. The victim may choose a
20        different person to be the victim's support person. The
21        court may allow the defendant to inquire about matters
22        outside the scope of the direct examination during
23        cross-examination. If the court allows the defendant
24        to do so, the support person shall be allowed to remain
25        in the courtroom after the support person has
26        testified. A defendant who fails to question the

 

 

10100SB1968ham001- 430 -LRB101 08002 RLC 74920 a

1        support person about matters outside the scope of
2        direct examination during the State's case-in-chief
3        waives the right to challenge the presence of the
4        support person on appeal. The court shall allow the
5        support person to testify if called as a witness in the
6        defendant's case-in-chief or the State's rebuttal.
7            If the court does not allow the defendant to
8        inquire about matters outside the scope of the direct
9        examination, the support person shall be allowed to
10        remain in the courtroom after the support person has
11        been called by the defendant or the defendant has
12        rested. The court shall allow the support person to
13        testify in the State's rebuttal.
14            If the prosecuting attorney does not intend to call
15        the support person in the State's case-in-chief, the
16        court shall verify with the support person whether the
17        support person, if called as a witness, would testify
18        as set forth in the offer of proof. If the court finds
19        that the support person would testify as set forth in
20        the offer of proof, the court shall rule on the
21        relevance, materiality, and admissibility of the
22        anticipated testimony. If the court rules the
23        anticipated testimony is admissible, the court shall
24        issue the subpoena. The support person may remain in
25        the courtroom after the support person testifies and
26        shall be allowed to testify in rebuttal.

 

 

10100SB1968ham001- 431 -LRB101 08002 RLC 74920 a

1            If the court excludes the victim's support person
2        during the State's case-in-chief, the victim shall be
3        allowed to choose another support person to be present
4        in court.
5            If the victim fails to designate a support person
6        within 60 days of trial and the defendant has
7        subpoenaed the support person to testify at trial, the
8        court may exclude the support person from the trial
9        until the support person testifies. If the court
10        excludes the support person the victim may choose
11        another person as a support person.
12        (9) Right to notice and hearing before disclosure of
13    confidential or privileged information or records. A
14    defendant who seeks to subpoena records of or concerning
15    the victim that are confidential or privileged by law must
16    seek permission of the court before the subpoena is issued.
17    The defendant must file a written motion and an offer of
18    proof regarding the relevance, admissibility and
19    materiality of the records. If the court finds by a
20    preponderance of the evidence that: (A) the records are not
21    protected by an absolute privilege and (B) the records
22    contain relevant, admissible, and material evidence that
23    is not available through other witnesses or evidence, the
24    court shall issue a subpoena requiring a sealed copy of the
25    records be delivered to the court to be reviewed in camera.
26    If, after conducting an in camera review of the records,

 

 

10100SB1968ham001- 432 -LRB101 08002 RLC 74920 a

1    the court determines that due process requires disclosure
2    of any portion of the records, the court shall provide
3    copies of what it intends to disclose to the prosecuting
4    attorney and the victim. The prosecuting attorney and the
5    victim shall have 30 days to seek appellate review before
6    the records are disclosed to the defendant. The disclosure
7    of copies of any portion of the records to the prosecuting
8    attorney does not make the records subject to discovery.
9        (10) Right to notice of court proceedings. If the
10    victim is not present at a court proceeding in which a
11    right of the victim is at issue, the court shall ask the
12    prosecuting attorney whether the victim was notified of the
13    time, place, and purpose of the court proceeding and that
14    the victim had a right to be heard at the court proceeding.
15    If the court determines that timely notice was not given or
16    that the victim was not adequately informed of the nature
17    of the court proceeding, the court shall not rule on any
18    substantive issues, accept a plea, or impose a sentence and
19    shall continue the hearing for the time necessary to notify
20    the victim of the time, place and nature of the court
21    proceeding. The time between court proceedings shall not be
22    attributable to the State under Section 103-5 of the Code
23    of Criminal Procedure of 1963.
24        (11) Right to timely disposition of the case. A victim
25    has the right to timely disposition of the case so as to
26    minimize the stress, cost, and inconvenience resulting

 

 

10100SB1968ham001- 433 -LRB101 08002 RLC 74920 a

1    from the victim's involvement in the case. Before ruling on
2    a motion to continue trial or other court proceeding, the
3    court shall inquire into the circumstances for the request
4    for the delay and, if the victim has provided written
5    notice of the assertion of the right to a timely
6    disposition, and whether the victim objects to the delay.
7    If the victim objects, the prosecutor shall inform the
8    court of the victim's objections. If the prosecutor has not
9    conferred with the victim about the continuance, the
10    prosecutor shall inform the court of the attempts to
11    confer. If the court finds the attempts of the prosecutor
12    to confer with the victim were inadequate to protect the
13    victim's right to be heard, the court shall give the
14    prosecutor at least 3 but not more than 5 business days to
15    confer with the victim. In ruling on a motion to continue,
16    the court shall consider the reasons for the requested
17    continuance, the number and length of continuances that
18    have been granted, the victim's objections and procedures
19    to avoid further delays. If a continuance is granted over
20    the victim's objection, the court shall specify on the
21    record the reasons for the continuance and the procedures
22    that have been or will be taken to avoid further delays.
23        (12) Right to Restitution.
24            (A) If the victim has asserted the right to
25        restitution and the amount of restitution is known at
26        the time of sentencing, the court shall enter the

 

 

10100SB1968ham001- 434 -LRB101 08002 RLC 74920 a

1        judgment of restitution at the time of sentencing.
2            (B) If the victim has asserted the right to
3        restitution and the amount of restitution is not known
4        at the time of sentencing, the prosecutor shall, within
5        5 days after sentencing, notify the victim what
6        information and documentation related to restitution
7        is needed and that the information and documentation
8        must be provided to the prosecutor within 45 days after
9        sentencing. Failure to timely provide information and
10        documentation related to restitution shall be deemed a
11        waiver of the right to restitution. The prosecutor
12        shall file and serve within 60 days after sentencing a
13        proposed judgment for restitution and a notice that
14        includes information concerning the identity of any
15        victims or other persons seeking restitution, whether
16        any victim or other person expressly declines
17        restitution, the nature and amount of any damages
18        together with any supporting documentation, a
19        restitution amount recommendation, and the names of
20        any co-defendants and their case numbers. Within 30
21        days after receipt of the proposed judgment for
22        restitution, the defendant shall file any objection to
23        the proposed judgment, a statement of grounds for the
24        objection, and a financial statement. If the defendant
25        does not file an objection, the court may enter the
26        judgment for restitution without further proceedings.

 

 

10100SB1968ham001- 435 -LRB101 08002 RLC 74920 a

1        If the defendant files an objection and either party
2        requests a hearing, the court shall schedule a hearing.
3        (13) Access to presentence reports.
4            (A) The victim may request a copy of the
5        presentence report prepared under the Unified Code of
6        Corrections from the State's Attorney. The State's
7        Attorney shall redact the following information before
8        providing a copy of the report:
9                (i) the defendant's mental history and
10            condition;
11                (ii) any evaluation prepared under subsection
12            (b) or (b-5) of Section 5-3-2; and
13                (iii) the name, address, phone number, and
14            other personal information about any other victim.
15            (B) The State's Attorney or the defendant may
16        request the court redact other information in the
17        report that may endanger the safety of any person.
18            (C) The State's Attorney may orally disclose to the
19        victim any of the information that has been redacted if
20        there is a reasonable likelihood that the information
21        will be stated in court at the sentencing.
22            (D) The State's Attorney must advise the victim
23        that the victim must maintain the confidentiality of
24        the report and other information. Any dissemination of
25        the report or information that was not stated at a
26        court proceeding constitutes indirect criminal

 

 

10100SB1968ham001- 436 -LRB101 08002 RLC 74920 a

1        contempt of court.
2        (14) Appellate relief. If the trial court denies the
3    relief requested, the victim, the victim's attorney, or the
4    prosecuting attorney may file an appeal within 30 days of
5    the trial court's ruling. The trial or appellate court may
6    stay the court proceedings if the court finds that a stay
7    would not violate a constitutional right of the defendant.
8    If the appellate court denies the relief sought, the
9    reasons for the denial shall be clearly stated in a written
10    opinion. In any appeal in a criminal case, the State may
11    assert as error the court's denial of any crime victim's
12    right in the proceeding to which the appeal relates.
13        (15) Limitation on appellate relief. In no case shall
14    an appellate court provide a new trial to remedy the
15    violation of a victim's right.
16        (16) The right to be reasonably protected from the
17    accused throughout the criminal justice process and the
18    right to have the safety of the victim and the victim's
19    family considered in denying or fixing the amount of bail,
20    determining whether to release the defendant, and setting
21    conditions of release after arrest and conviction. A victim
22    of domestic violence, a sexual offense, or stalking may
23    request the entry of a protective order under Article 112A
24    of the Code of Criminal Procedure of 1963.
25    (d) Procedures after the imposition of sentence.
26        (1) The Prisoner Review Board shall inform a victim or

 

 

10100SB1968ham001- 437 -LRB101 08002 RLC 74920 a

1    any other concerned citizen, upon written request, of the
2    prisoner's release on parole, mandatory supervised
3    release, electronic detention, work release, international
4    transfer or exchange, or by the custodian, other than the
5    Department of Juvenile Justice, of the discharge of any
6    individual who was adjudicated a delinquent for a crime
7    from State custody and by the sheriff of the appropriate
8    county of any such person's final discharge from county
9    custody. The Prisoner Review Board, upon written request,
10    shall provide to a victim or any other concerned citizen a
11    recent photograph of any person convicted of a felony, upon
12    his or her release from custody. The Prisoner Review Board,
13    upon written request, shall inform a victim or any other
14    concerned citizen when feasible at least 7 days prior to
15    the prisoner's release on furlough of the times and dates
16    of such furlough. Upon written request by the victim or any
17    other concerned citizen, the State's Attorney shall notify
18    the person once of the times and dates of release of a
19    prisoner sentenced to periodic imprisonment. Notification
20    shall be based on the most recent information as to
21    victim's or other concerned citizen's residence or other
22    location available to the notifying authority.
23        (2) When the defendant has been committed to the
24    Department of Human Services pursuant to Section 5-2-4 or
25    any other provision of the Unified Code of Corrections, the
26    victim may request to be notified by the releasing

 

 

10100SB1968ham001- 438 -LRB101 08002 RLC 74920 a

1    authority of the approval by the court of an on-grounds
2    pass, a supervised off-grounds pass, an unsupervised
3    off-grounds pass, or conditional release; the release on an
4    off-grounds pass; the return from an off-grounds pass;
5    transfer to another facility; conditional release; escape;
6    death; or final discharge from State custody. The
7    Department of Human Services shall establish and maintain a
8    statewide telephone number to be used by victims to make
9    notification requests under these provisions and shall
10    publicize this telephone number on its website and to the
11    State's Attorney of each county.
12        (3) In the event of an escape from State custody, the
13    Department of Corrections or the Department of Juvenile
14    Justice immediately shall notify the Prisoner Review Board
15    of the escape and the Prisoner Review Board shall notify
16    the victim. The notification shall be based upon the most
17    recent information as to the victim's residence or other
18    location available to the Board. When no such information
19    is available, the Board shall make all reasonable efforts
20    to obtain the information and make the notification. When
21    the escapee is apprehended, the Department of Corrections
22    or the Department of Juvenile Justice immediately shall
23    notify the Prisoner Review Board and the Board shall notify
24    the victim.
25        (4) The victim of the crime for which the prisoner has
26    been sentenced has the right to register with the Prisoner

 

 

10100SB1968ham001- 439 -LRB101 08002 RLC 74920 a

1    Review Board's victim registry. Victims registered with
2    the Board shall receive reasonable written notice not less
3    than 30 days prior to the parole hearing or target
4    aftercare release date. The victim has the right to submit
5    a victim statement for consideration by the Prisoner Review
6    Board or the Department of Juvenile Justice in writing, on
7    film, videotape, or other electronic means, or in the form
8    of a recording prior to the parole hearing or target
9    aftercare release date, or in person at the parole hearing
10    or aftercare release protest hearing, or by calling the
11    toll-free number established in subsection (f) of this
12    Section., The victim shall be notified within 7 days after
13    the prisoner has been granted parole or aftercare release
14    and shall be informed of the right to inspect the registry
15    of parole decisions, established under subsection (g) of
16    Section 3-3-5 of the Unified Code of Corrections. The
17    provisions of this paragraph (4) are subject to the Open
18    Parole Hearings Act. Victim statements provided to the
19    Board shall be confidential and privileged, including any
20    statements received prior to January 1, 2020 (the effective
21    date of Public Act 101-288) this amendatory Act of the
22    101st General Assembly, except if the statement was an oral
23    statement made by the victim at a hearing open to the
24    public.
25        (4-1) The crime victim has the right to submit a victim
26    statement for consideration by the Prisoner Review Board or

 

 

10100SB1968ham001- 440 -LRB101 08002 RLC 74920 a

1    the Department of Juvenile Justice prior to or at a hearing
2    to determine the conditions of mandatory supervised
3    release of a person sentenced to a determinate sentence or
4    at a hearing on revocation of mandatory supervised release
5    of a person sentenced to a determinate sentence. A victim
6    statement may be submitted in writing, on film, videotape,
7    or other electronic means, or in the form of a recording,
8    or orally at a hearing, or by calling the toll-free number
9    established in subsection (f) of this Section. Victim
10    statements provided to the Board shall be confidential and
11    privileged, including any statements received prior to
12    January 1, 2020 (the effective date of Public Act 101-288)
13    this amendatory Act of the 101st General Assembly, except
14    if the statement was an oral statement made by the victim
15    at a hearing open to the public.
16        (4-2) The crime victim has the right to submit a victim
17    statement to the Prisoner Review Board for consideration at
18    an executive clemency hearing as provided in Section 3-3-13
19    of the Unified Code of Corrections. A victim statement may
20    be submitted in writing, on film, videotape, or other
21    electronic means, or in the form of a recording prior to a
22    hearing, or orally at a hearing, or by calling the
23    toll-free number established in subsection (f) of this
24    Section. Victim statements provided to the Board shall be
25    confidential and privileged, including any statements
26    received prior to January 1, 2020 (the effective date of

 

 

10100SB1968ham001- 441 -LRB101 08002 RLC 74920 a

1    Public Act 101-288) this amendatory Act of the 101st
2    General Assembly, except if the statement was an oral
3    statement made by the victim at a hearing open to the
4    public.
5        (5) If a statement is presented under Section 6, the
6    Prisoner Review Board or Department of Juvenile Justice
7    shall inform the victim of any order of discharge pursuant
8    to Section 3-2.5-85 or 3-3-8 of the Unified Code of
9    Corrections.
10        (6) At the written or oral request of the victim of the
11    crime for which the prisoner was sentenced or the State's
12    Attorney of the county where the person seeking parole or
13    aftercare release was prosecuted, the Prisoner Review
14    Board or Department of Juvenile Justice shall notify the
15    victim and the State's Attorney of the county where the
16    person seeking parole or aftercare release was prosecuted
17    of the death of the prisoner if the prisoner died while on
18    parole or aftercare release or mandatory supervised
19    release.
20        (7) When a defendant who has been committed to the
21    Department of Corrections, the Department of Juvenile
22    Justice, or the Department of Human Services is released or
23    discharged and subsequently committed to the Department of
24    Human Services as a sexually violent person and the victim
25    had requested to be notified by the releasing authority of
26    the defendant's discharge, conditional release, death, or

 

 

10100SB1968ham001- 442 -LRB101 08002 RLC 74920 a

1    escape from State custody, the releasing authority shall
2    provide to the Department of Human Services such
3    information that would allow the Department of Human
4    Services to contact the victim.
5        (8) When a defendant has been convicted of a sex
6    offense as defined in Section 2 of the Sex Offender
7    Registration Act and has been sentenced to the Department
8    of Corrections or the Department of Juvenile Justice, the
9    Prisoner Review Board or the Department of Juvenile Justice
10    shall notify the victim of the sex offense of the
11    prisoner's eligibility for release on parole, aftercare
12    release, mandatory supervised release, electronic
13    detention, work release, international transfer or
14    exchange, or by the custodian of the discharge of any
15    individual who was adjudicated a delinquent for a sex
16    offense from State custody and by the sheriff of the
17    appropriate county of any such person's final discharge
18    from county custody. The notification shall be made to the
19    victim at least 30 days, whenever possible, before release
20    of the sex offender.
21    (e) The officials named in this Section may satisfy some or
22all of their obligations to provide notices and other
23information through participation in a statewide victim and
24witness notification system established by the Attorney
25General under Section 8.5 of this Act.
26    (f) The Prisoner Review Board shall establish a toll-free

 

 

10100SB1968ham001- 443 -LRB101 08002 RLC 74920 a

1number that may be accessed by the crime victim to present a
2victim statement to the Board in accordance with paragraphs
3(4), (4-1), and (4-2) of subsection (d).
4(Source: P.A. 100-199, eff. 1-1-18; 100-961, eff. 1-1-19;
5101-81, eff. 7-12-19; 101-288, eff. 1-1-20; revised 9-23-19.)
 
6    Section 10-270. The Pretrial Services Act is amended by
7changing Sections 11, 20, 22, and 34 as follows:
 
8    (725 ILCS 185/11)  (from Ch. 38, par. 311)
9    Sec. 11. No person shall be interviewed by a pretrial
10services agency unless he or she has first been apprised of the
11identity and purpose of the interviewer, the scope of the
12interview, the right to secure legal advice, and the right to
13refuse cooperation. Inquiry of the defendant shall carefully
14exclude questions concerning the details of the current charge.
15Statements made by the defendant during the interview, or
16evidence derived therefrom, are admissible in evidence only
17when the court is considering the imposition of pretrial or
18posttrial conditions to bail or recognizance, or when
19considering the modification of a prior release order.
20(Source: P.A. 84-1449.)
 
21    (725 ILCS 185/20)  (from Ch. 38, par. 320)
22    Sec. 20. In preparing and presenting its written reports
23under Sections 17 and 19, pretrial services agencies shall in

 

 

10100SB1968ham001- 444 -LRB101 08002 RLC 74920 a

1appropriate cases include specific recommendations for the
2setting the conditions , increase, or decrease of pretrial
3release bail; the release of the interviewee on his own
4recognizance in sums certain; and the imposition of pretrial
5conditions of pretrial release to bail or recognizance designed
6to minimize the risks of nonappearance, the commission of new
7offenses while awaiting trial, and other potential
8interference with the orderly administration of justice. In
9establishing objective internal criteria of any such
10recommendation policies, the agency may utilize so-called
11"point scales" for evaluating the aforementioned risks, but no
12interviewee shall be considered as ineligible for particular
13agency recommendations by sole reference to such procedures.
14(Source: P.A. 91-357, eff. 7-29-99.)
 
15    (725 ILCS 185/22)  (from Ch. 38, par. 322)
16    Sec. 22. If so ordered by the court, the pretrial services
17agency shall prepare and submit for the court's approval and
18signature a uniform release order on the uniform form
19established by the Supreme Court in all cases where an
20interviewee may be released from custody under conditions
21contained in an agency report. Such conditions shall become
22part of the conditions of pretrial release the bail bond. A
23copy of the uniform release order shall be provided to the
24defendant and defendant's attorney of record, and the
25prosecutor.

 

 

10100SB1968ham001- 445 -LRB101 08002 RLC 74920 a

1(Source: P.A. 84-1449.)
 
2    (725 ILCS 185/34)
3    Sec. 34. Probation and court services departments
4considered pretrial services agencies. For the purposes of
5administering the provisions of Public Act 95-773, known as the
6Cindy Bischof Law, all probation and court services departments
7are to be considered pretrial services agencies under this Act
8and under the pretrial release bail bond provisions of the Code
9of Criminal Procedure of 1963.
10(Source: P.A. 96-341, eff. 8-11-09.)
 
11    Section 10-275. The Quasi-criminal and Misdemeanor Bail
12Act is amended by changing the title of the Act and Sections
130.01, 1, 2, 3, and 5 as follows:
 
14    (725 ILCS 195/Act title)
15An Act to authorize designated officers to let persons
16charged with quasi-criminal offenses and misdemeanors to
17pretrial release bail and to accept and receipt for fines on
18pleas of guilty in minor offenses, in accordance with schedules
19established by rule of court.
 
20    (725 ILCS 195/0.01)  (from Ch. 16, par. 80)
21    Sec. 0.01. Short title. This Act may be cited as the
22Quasi-criminal and Misdemeanor Pretrial Release Bail Act.

 

 

10100SB1968ham001- 446 -LRB101 08002 RLC 74920 a

1(Source: P.A. 86-1324.)
 
2    (725 ILCS 195/1)  (from Ch. 16, par. 81)
3    Sec. 1. Whenever in any circuit there shall be in force a
4rule or order of the Supreme Court establishing a uniform form
5schedule prescribing the conditions of pretrial release
6amounts of bail for specified conservation cases, traffic
7cases, quasi-criminal offenses and misdemeanors, any general
8superintendent, chief, captain, lieutenant, or sergeant of
9police, or other police officer, the sheriff, the circuit
10clerk, and any deputy sheriff or deputy circuit clerk
11designated by the Circuit Court for the purpose, are authorized
12to let to pretrial release bail any person charged with a
13quasi-criminal offense or misdemeanor and to accept and receipt
14for bonds or cash bail in accordance with regulations
15established by rule or order of the Supreme Court. Unless
16otherwise provided by Supreme Court Rule, no such bail may be
17posted or accepted in any place other than a police station,
18sheriff's office or jail, or other county, municipal or other
19building housing governmental units, or a division
20headquarters building of the Illinois State Police. Bonds and
21cash so received shall be delivered to the office of the
22circuit clerk or that of his designated deputy as provided by
23regulation. Such cash and securities so received shall be
24delivered to the office of such clerk or deputy clerk within at
25least 48 hours of receipt or within the time set for the

 

 

10100SB1968ham001- 447 -LRB101 08002 RLC 74920 a

1accused's appearance in court whichever is earliest.
2    In all cases where a person is admitted to bail under a
3uniform schedule prescribing the amount of bail for specified
4conservation cases, traffic cases, quasi-criminal offenses and
5misdemeanors the provisions of Section 110-15 of the "Code of
6Criminal Procedure of 1963", approved August 14, 1963, as
7amended by the 75th General Assembly shall be applicable.
8(Source: P.A. 80-897.)
 
9    (725 ILCS 195/2)  (from Ch. 16, par. 82)
10    Sec. 2. The conditions of the pretrial release bail bond or
11deposit of cash bail shall be that the accused will appear to
12answer the charge in court at a time and place specified in the
13pretrial release form bond and thereafter as ordered by the
14court until discharged on final order of the court and to
15submit himself to the orders and process of the court. The
16accused shall be furnished with an official receipt on a form
17prescribed by rule of court for any cash or other security
18deposited, and shall receive a copy of the pretrial release
19form bond specifying the time and place of his court
20appearance.
21    Upon performance of the conditions of the pretrial release
22bond, the pretrial release form bond shall be null and void and
23the accused shall be released from the conditions of pretrial
24release any cash bail or other security shall be returned to
25the accused.

 

 

10100SB1968ham001- 448 -LRB101 08002 RLC 74920 a

1(Source: Laws 1963, p. 2652.)
 
2    (725 ILCS 195/3)  (from Ch. 16, par. 83)
3    Sec. 3. In lieu of complying with the conditions of
4pretrial release making bond or depositing cash bail as
5provided in this Act or the deposit of other security
6authorized by law, any accused person has the right to be
7brought without unnecessary delay before the nearest or most
8accessible judge of the circuit to be dealt with according to
9law.
10(Source: P.A. 77-1248.)
 
11    (725 ILCS 195/5)  (from Ch. 16, par. 85)
12    Sec. 5. Any person authorized to accept pretrial release
13bail or pleas of guilty by this Act who violates any provision
14of this Act is guilty of a Class B misdemeanor.
15(Source: P.A. 77-2319.)
 
16    Section 10-280. The Unified Code of Corrections is amended
17by changing Sections 5-3-2, 5-5-3.2, 5-6-4, 5-6-4.1, 5-8A-7,
18and 8-2-1 as follows:
 
19    (730 ILCS 5/5-3-2)  (from Ch. 38, par. 1005-3-2)
20    Sec. 5-3-2. Presentence report.
21    (a) In felony cases, the presentence report shall set
22forth:

 

 

10100SB1968ham001- 449 -LRB101 08002 RLC 74920 a

1        (1) the defendant's history of delinquency or
2    criminality, physical and mental history and condition,
3    family situation and background, economic status,
4    education, occupation and personal habits;
5        (2) information about special resources within the
6    community which might be available to assist the
7    defendant's rehabilitation, including treatment centers,
8    residential facilities, vocational training services,
9    correctional manpower programs, employment opportunities,
10    special educational programs, alcohol and drug abuse
11    programming, psychiatric and marriage counseling, and
12    other programs and facilities which could aid the
13    defendant's successful reintegration into society;
14        (3) the effect the offense committed has had upon the
15    victim or victims thereof, and any compensatory benefit
16    that various sentencing alternatives would confer on such
17    victim or victims;
18        (3.5) information provided by the victim's spouse,
19    guardian, parent, grandparent, and other immediate family
20    and household members about the effect the offense
21    committed has had on the victim and on the person providing
22    the information; if the victim's spouse, guardian, parent,
23    grandparent, or other immediate family or household member
24    has provided a written statement, the statement shall be
25    attached to the report;
26        (4) information concerning the defendant's status

 

 

10100SB1968ham001- 450 -LRB101 08002 RLC 74920 a

1    since arrest, including his record if released on his own
2    recognizance, or the defendant's achievement record if
3    released on a conditional pre-trial supervision program;
4        (5) when appropriate, a plan, based upon the personal,
5    economic and social adjustment needs of the defendant,
6    utilizing public and private community resources as an
7    alternative to institutional sentencing;
8        (6) any other matters that the investigatory officer
9    deems relevant or the court directs to be included;
10        (7) information concerning the defendant's eligibility
11    for a sentence to a county impact incarceration program
12    under Section 5-8-1.2 of this Code; and
13        (8) information concerning the defendant's eligibility
14    for a sentence to an impact incarceration program
15    administered by the Department under Section 5-8-1.1.
16    (b) The investigation shall include a physical and mental
17examination of the defendant when so ordered by the court. If
18the court determines that such an examination should be made,
19it shall issue an order that the defendant submit to
20examination at such time and place as designated by the court
21and that such examination be conducted by a physician,
22psychologist or psychiatrist designated by the court. Such an
23examination may be conducted in a court clinic if so ordered by
24the court. The cost of such examination shall be paid by the
25county in which the trial is held.
26    (b-5) In cases involving felony sex offenses in which the

 

 

10100SB1968ham001- 451 -LRB101 08002 RLC 74920 a

1offender is being considered for probation only or any felony
2offense that is sexually motivated as defined in the Sex
3Offender Management Board Act in which the offender is being
4considered for probation only, the investigation shall include
5a sex offender evaluation by an evaluator approved by the Board
6and conducted in conformance with the standards developed under
7the Sex Offender Management Board Act. In cases in which the
8offender is being considered for any mandatory prison sentence,
9the investigation shall not include a sex offender evaluation.
10    (c) In misdemeanor, business offense or petty offense
11cases, except as specified in subsection (d) of this Section,
12when a presentence report has been ordered by the court, such
13presentence report shall contain information on the
14defendant's history of delinquency or criminality and shall
15further contain only those matters listed in any of paragraphs
16(1) through (6) of subsection (a) or in subsection (b) of this
17Section as are specified by the court in its order for the
18report.
19    (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or
2012-30 of the Criminal Code of 1961 or the Criminal Code of
212012, the presentence report shall set forth information about
22alcohol, drug abuse, psychiatric, and marriage counseling or
23other treatment programs and facilities, information on the
24defendant's history of delinquency or criminality, and shall
25contain those additional matters listed in any of paragraphs
26(1) through (6) of subsection (a) or in subsection (b) of this

 

 

10100SB1968ham001- 452 -LRB101 08002 RLC 74920 a

1Section as are specified by the court.
2    (e) Nothing in this Section shall cause the defendant to be
3held without pretrial release bail or to have his pretrial
4release bail revoked for the purpose of preparing the
5presentence report or making an examination.
6(Source: P.A. 101-105, eff. 1-1-20; revised 9-24-19.)
 
7    (730 ILCS 5/5-5-3.2)
8    Sec. 5-5-3.2. Factors in aggravation and extended-term
9sentencing.
10    (a) The following factors shall be accorded weight in favor
11of imposing a term of imprisonment or may be considered by the
12court as reasons to impose a more severe sentence under Section
135-8-1 or Article 4.5 of Chapter V:
14        (1) the defendant's conduct caused or threatened
15    serious harm;
16        (2) the defendant received compensation for committing
17    the offense;
18        (3) the defendant has a history of prior delinquency or
19    criminal activity;
20        (4) the defendant, by the duties of his office or by
21    his position, was obliged to prevent the particular offense
22    committed or to bring the offenders committing it to
23    justice;
24        (5) the defendant held public office at the time of the
25    offense, and the offense related to the conduct of that

 

 

10100SB1968ham001- 453 -LRB101 08002 RLC 74920 a

1    office;
2        (6) the defendant utilized his professional reputation
3    or position in the community to commit the offense, or to
4    afford him an easier means of committing it;
5        (7) the sentence is necessary to deter others from
6    committing the same crime;
7        (8) the defendant committed the offense against a
8    person 60 years of age or older or such person's property;
9        (9) the defendant committed the offense against a
10    person who has a physical disability or such person's
11    property;
12        (10) by reason of another individual's actual or
13    perceived race, color, creed, religion, ancestry, gender,
14    sexual orientation, physical or mental disability, or
15    national origin, the defendant committed the offense
16    against (i) the person or property of that individual; (ii)
17    the person or property of a person who has an association
18    with, is married to, or has a friendship with the other
19    individual; or (iii) the person or property of a relative
20    (by blood or marriage) of a person described in clause (i)
21    or (ii). For the purposes of this Section, "sexual
22    orientation" has the meaning ascribed to it in paragraph
23    (O-1) of Section 1-103 of the Illinois Human Rights Act;
24        (11) the offense took place in a place of worship or on
25    the grounds of a place of worship, immediately prior to,
26    during or immediately following worship services. For

 

 

10100SB1968ham001- 454 -LRB101 08002 RLC 74920 a

1    purposes of this subparagraph, "place of worship" shall
2    mean any church, synagogue or other building, structure or
3    place used primarily for religious worship;
4        (12) the defendant was convicted of a felony committed
5    while he was on pretrial release released on bail or his
6    own recognizance pending trial for a prior felony and was
7    convicted of such prior felony, or the defendant was
8    convicted of a felony committed while he was serving a
9    period of probation, conditional discharge, or mandatory
10    supervised release under subsection (d) of Section 5-8-1
11    for a prior felony;
12        (13) the defendant committed or attempted to commit a
13    felony while he was wearing a bulletproof vest. For the
14    purposes of this paragraph (13), a bulletproof vest is any
15    device which is designed for the purpose of protecting the
16    wearer from bullets, shot or other lethal projectiles;
17        (14) the defendant held a position of trust or
18    supervision such as, but not limited to, family member as
19    defined in Section 11-0.1 of the Criminal Code of 2012,
20    teacher, scout leader, baby sitter, or day care worker, in
21    relation to a victim under 18 years of age, and the
22    defendant committed an offense in violation of Section
23    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
24    11-14.4 except for an offense that involves keeping a place
25    of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
26    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15

 

 

10100SB1968ham001- 455 -LRB101 08002 RLC 74920 a

1    or 12-16 of the Criminal Code of 1961 or the Criminal Code
2    of 2012 against that victim;
3        (15) the defendant committed an offense related to the
4    activities of an organized gang. For the purposes of this
5    factor, "organized gang" has the meaning ascribed to it in
6    Section 10 of the Streetgang Terrorism Omnibus Prevention
7    Act;
8        (16) the defendant committed an offense in violation of
9    one of the following Sections while in a school, regardless
10    of the time of day or time of year; on any conveyance
11    owned, leased, or contracted by a school to transport
12    students to or from school or a school related activity; on
13    the real property of a school; or on a public way within
14    1,000 feet of the real property comprising any school:
15    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
16    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
17    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
18    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
19    18-2, or 33A-2, or Section 12-3.05 except for subdivision
20    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
21    Criminal Code of 2012;
22        (16.5) the defendant committed an offense in violation
23    of one of the following Sections while in a day care
24    center, regardless of the time of day or time of year; on
25    the real property of a day care center, regardless of the
26    time of day or time of year; or on a public way within

 

 

10100SB1968ham001- 456 -LRB101 08002 RLC 74920 a

1    1,000 feet of the real property comprising any day care
2    center, regardless of the time of day or time of year:
3    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
4    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
5    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
6    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
7    18-2, or 33A-2, or Section 12-3.05 except for subdivision
8    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
9    Criminal Code of 2012;
10        (17) the defendant committed the offense by reason of
11    any person's activity as a community policing volunteer or
12    to prevent any person from engaging in activity as a
13    community policing volunteer. For the purpose of this
14    Section, "community policing volunteer" has the meaning
15    ascribed to it in Section 2-3.5 of the Criminal Code of
16    2012;
17        (18) the defendant committed the offense in a nursing
18    home or on the real property comprising a nursing home. For
19    the purposes of this paragraph (18), "nursing home" means a
20    skilled nursing or intermediate long term care facility
21    that is subject to license by the Illinois Department of
22    Public Health under the Nursing Home Care Act, the
23    Specialized Mental Health Rehabilitation Act of 2013, the
24    ID/DD Community Care Act, or the MC/DD Act;
25        (19) the defendant was a federally licensed firearm
26    dealer and was previously convicted of a violation of

 

 

10100SB1968ham001- 457 -LRB101 08002 RLC 74920 a

1    subsection (a) of Section 3 of the Firearm Owners
2    Identification Card Act and has now committed either a
3    felony violation of the Firearm Owners Identification Card
4    Act or an act of armed violence while armed with a firearm;
5        (20) the defendant (i) committed the offense of
6    reckless homicide under Section 9-3 of the Criminal Code of
7    1961 or the Criminal Code of 2012 or the offense of driving
8    under the influence of alcohol, other drug or drugs,
9    intoxicating compound or compounds or any combination
10    thereof under Section 11-501 of the Illinois Vehicle Code
11    or a similar provision of a local ordinance and (ii) was
12    operating a motor vehicle in excess of 20 miles per hour
13    over the posted speed limit as provided in Article VI of
14    Chapter 11 of the Illinois Vehicle Code;
15        (21) the defendant (i) committed the offense of
16    reckless driving or aggravated reckless driving under
17    Section 11-503 of the Illinois Vehicle Code and (ii) was
18    operating a motor vehicle in excess of 20 miles per hour
19    over the posted speed limit as provided in Article VI of
20    Chapter 11 of the Illinois Vehicle Code;
21        (22) the defendant committed the offense against a
22    person that the defendant knew, or reasonably should have
23    known, was a member of the Armed Forces of the United
24    States serving on active duty. For purposes of this clause
25    (22), the term "Armed Forces" means any of the Armed Forces
26    of the United States, including a member of any reserve

 

 

10100SB1968ham001- 458 -LRB101 08002 RLC 74920 a

1    component thereof or National Guard unit called to active
2    duty;
3        (23) the defendant committed the offense against a
4    person who was elderly or infirm or who was a person with a
5    disability by taking advantage of a family or fiduciary
6    relationship with the elderly or infirm person or person
7    with a disability;
8        (24) the defendant committed any offense under Section
9    11-20.1 of the Criminal Code of 1961 or the Criminal Code
10    of 2012 and possessed 100 or more images;
11        (25) the defendant committed the offense while the
12    defendant or the victim was in a train, bus, or other
13    vehicle used for public transportation;
14        (26) the defendant committed the offense of child
15    pornography or aggravated child pornography, specifically
16    including paragraph (1), (2), (3), (4), (5), or (7) of
17    subsection (a) of Section 11-20.1 of the Criminal Code of
18    1961 or the Criminal Code of 2012 where a child engaged in,
19    solicited for, depicted in, or posed in any act of sexual
20    penetration or bound, fettered, or subject to sadistic,
21    masochistic, or sadomasochistic abuse in a sexual context
22    and specifically including paragraph (1), (2), (3), (4),
23    (5), or (7) of subsection (a) of Section 11-20.1B or
24    Section 11-20.3 of the Criminal Code of 1961 where a child
25    engaged in, solicited for, depicted in, or posed in any act
26    of sexual penetration or bound, fettered, or subject to

 

 

10100SB1968ham001- 459 -LRB101 08002 RLC 74920 a

1    sadistic, masochistic, or sadomasochistic abuse in a
2    sexual context;
3        (27) the defendant committed the offense of first
4    degree murder, assault, aggravated assault, battery,
5    aggravated battery, robbery, armed robbery, or aggravated
6    robbery against a person who was a veteran and the
7    defendant knew, or reasonably should have known, that the
8    person was a veteran performing duties as a representative
9    of a veterans' organization. For the purposes of this
10    paragraph (27), "veteran" means an Illinois resident who
11    has served as a member of the United States Armed Forces, a
12    member of the Illinois National Guard, or a member of the
13    United States Reserve Forces; and "veterans' organization"
14    means an organization comprised of members of which
15    substantially all are individuals who are veterans or
16    spouses, widows, or widowers of veterans, the primary
17    purpose of which is to promote the welfare of its members
18    and to provide assistance to the general public in such a
19    way as to confer a public benefit;
20        (28) the defendant committed the offense of assault,
21    aggravated assault, battery, aggravated battery, robbery,
22    armed robbery, or aggravated robbery against a person that
23    the defendant knew or reasonably should have known was a
24    letter carrier or postal worker while that person was
25    performing his or her duties delivering mail for the United
26    States Postal Service;

 

 

10100SB1968ham001- 460 -LRB101 08002 RLC 74920 a

1        (29) the defendant committed the offense of criminal
2    sexual assault, aggravated criminal sexual assault,
3    criminal sexual abuse, or aggravated criminal sexual abuse
4    against a victim with an intellectual disability, and the
5    defendant holds a position of trust, authority, or
6    supervision in relation to the victim;
7        (30) the defendant committed the offense of promoting
8    juvenile prostitution, patronizing a prostitute, or
9    patronizing a minor engaged in prostitution and at the time
10    of the commission of the offense knew that the prostitute
11    or minor engaged in prostitution was in the custody or
12    guardianship of the Department of Children and Family
13    Services;
14        (31) the defendant (i) committed the offense of driving
15    while under the influence of alcohol, other drug or drugs,
16    intoxicating compound or compounds or any combination
17    thereof in violation of Section 11-501 of the Illinois
18    Vehicle Code or a similar provision of a local ordinance
19    and (ii) the defendant during the commission of the offense
20    was driving his or her vehicle upon a roadway designated
21    for one-way traffic in the opposite direction of the
22    direction indicated by official traffic control devices;
23    or
24        (32) the defendant committed the offense of reckless
25    homicide while committing a violation of Section 11-907 of
26    the Illinois Vehicle Code; .

 

 

10100SB1968ham001- 461 -LRB101 08002 RLC 74920 a

1        (33) (32) the defendant was found guilty of an
2    administrative infraction related to an act or acts of
3    public indecency or sexual misconduct in the penal
4    institution. In this paragraph (33) (32), "penal
5    institution" has the same meaning as in Section 2-14 of the
6    Criminal Code of 2012; or .
7        (34) (32) the defendant committed the offense of
8    leaving the scene of an accident in violation of subsection
9    (b) of Section 11-401 of the Illinois Vehicle Code and the
10    accident resulted in the death of a person and at the time
11    of the offense, the defendant was: (i) driving under the
12    influence of alcohol, other drug or drugs, intoxicating
13    compound or compounds or any combination thereof as defined
14    by Section 11-501 of the Illinois Vehicle Code; or (ii)
15    operating the motor vehicle while using an electronic
16    communication device as defined in Section 12-610.2 of the
17    Illinois Vehicle Code.
18    For the purposes of this Section:
19    "School" is defined as a public or private elementary or
20secondary school, community college, college, or university.
21    "Day care center" means a public or private State certified
22and licensed day care center as defined in Section 2.09 of the
23Child Care Act of 1969 that displays a sign in plain view
24stating that the property is a day care center.
25    "Intellectual disability" means significantly subaverage
26intellectual functioning which exists concurrently with

 

 

10100SB1968ham001- 462 -LRB101 08002 RLC 74920 a

1impairment in adaptive behavior.
2    "Public transportation" means the transportation or
3conveyance of persons by means available to the general public,
4and includes paratransit services.
5    "Traffic control devices" means all signs, signals,
6markings, and devices that conform to the Illinois Manual on
7Uniform Traffic Control Devices, placed or erected by authority
8of a public body or official having jurisdiction, for the
9purpose of regulating, warning, or guiding traffic.
10    (b) The following factors, related to all felonies, may be
11considered by the court as reasons to impose an extended term
12sentence under Section 5-8-2 upon any offender:
13        (1) When a defendant is convicted of any felony, after
14    having been previously convicted in Illinois or any other
15    jurisdiction of the same or similar class felony or greater
16    class felony, when such conviction has occurred within 10
17    years after the previous conviction, excluding time spent
18    in custody, and such charges are separately brought and
19    tried and arise out of different series of acts; or
20        (2) When a defendant is convicted of any felony and the
21    court finds that the offense was accompanied by
22    exceptionally brutal or heinous behavior indicative of
23    wanton cruelty; or
24        (3) When a defendant is convicted of any felony
25    committed against:
26            (i) a person under 12 years of age at the time of

 

 

10100SB1968ham001- 463 -LRB101 08002 RLC 74920 a

1        the offense or such person's property;
2            (ii) a person 60 years of age or older at the time
3        of the offense or such person's property; or
4            (iii) a person who had a physical disability at the
5        time of the offense or such person's property; or
6        (4) When a defendant is convicted of any felony and the
7    offense involved any of the following types of specific
8    misconduct committed as part of a ceremony, rite,
9    initiation, observance, performance, practice or activity
10    of any actual or ostensible religious, fraternal, or social
11    group:
12            (i) the brutalizing or torturing of humans or
13        animals;
14            (ii) the theft of human corpses;
15            (iii) the kidnapping of humans;
16            (iv) the desecration of any cemetery, religious,
17        fraternal, business, governmental, educational, or
18        other building or property; or
19            (v) ritualized abuse of a child; or
20        (5) When a defendant is convicted of a felony other
21    than conspiracy and the court finds that the felony was
22    committed under an agreement with 2 or more other persons
23    to commit that offense and the defendant, with respect to
24    the other individuals, occupied a position of organizer,
25    supervisor, financier, or any other position of management
26    or leadership, and the court further finds that the felony

 

 

10100SB1968ham001- 464 -LRB101 08002 RLC 74920 a

1    committed was related to or in furtherance of the criminal
2    activities of an organized gang or was motivated by the
3    defendant's leadership in an organized gang; or
4        (6) When a defendant is convicted of an offense
5    committed while using a firearm with a laser sight attached
6    to it. For purposes of this paragraph, "laser sight" has
7    the meaning ascribed to it in Section 26-7 of the Criminal
8    Code of 2012; or
9        (7) When a defendant who was at least 17 years of age
10    at the time of the commission of the offense is convicted
11    of a felony and has been previously adjudicated a
12    delinquent minor under the Juvenile Court Act of 1987 for
13    an act that if committed by an adult would be a Class X or
14    Class 1 felony when the conviction has occurred within 10
15    years after the previous adjudication, excluding time
16    spent in custody; or
17        (8) When a defendant commits any felony and the
18    defendant used, possessed, exercised control over, or
19    otherwise directed an animal to assault a law enforcement
20    officer engaged in the execution of his or her official
21    duties or in furtherance of the criminal activities of an
22    organized gang in which the defendant is engaged; or
23        (9) When a defendant commits any felony and the
24    defendant knowingly video or audio records the offense with
25    the intent to disseminate the recording.
26    (c) The following factors may be considered by the court as

 

 

10100SB1968ham001- 465 -LRB101 08002 RLC 74920 a

1reasons to impose an extended term sentence under Section 5-8-2
2(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
3        (1) When a defendant is convicted of first degree
4    murder, after having been previously convicted in Illinois
5    of any offense listed under paragraph (c)(2) of Section
6    5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
7    within 10 years after the previous conviction, excluding
8    time spent in custody, and the charges are separately
9    brought and tried and arise out of different series of
10    acts.
11        (1.5) When a defendant is convicted of first degree
12    murder, after having been previously convicted of domestic
13    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
14    (720 ILCS 5/12-3.3) committed on the same victim or after
15    having been previously convicted of violation of an order
16    of protection (720 ILCS 5/12-30) in which the same victim
17    was the protected person.
18        (2) When a defendant is convicted of voluntary
19    manslaughter, second degree murder, involuntary
20    manslaughter, or reckless homicide in which the defendant
21    has been convicted of causing the death of more than one
22    individual.
23        (3) When a defendant is convicted of aggravated
24    criminal sexual assault or criminal sexual assault, when
25    there is a finding that aggravated criminal sexual assault
26    or criminal sexual assault was also committed on the same

 

 

10100SB1968ham001- 466 -LRB101 08002 RLC 74920 a

1    victim by one or more other individuals, and the defendant
2    voluntarily participated in the crime with the knowledge of
3    the participation of the others in the crime, and the
4    commission of the crime was part of a single course of
5    conduct during which there was no substantial change in the
6    nature of the criminal objective.
7        (4) If the victim was under 18 years of age at the time
8    of the commission of the offense, when a defendant is
9    convicted of aggravated criminal sexual assault or
10    predatory criminal sexual assault of a child under
11    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
12    of Section 12-14.1 of the Criminal Code of 1961 or the
13    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
14        (5) When a defendant is convicted of a felony violation
15    of Section 24-1 of the Criminal Code of 1961 or the
16    Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
17    finding that the defendant is a member of an organized
18    gang.
19        (6) When a defendant was convicted of unlawful use of
20    weapons under Section 24-1 of the Criminal Code of 1961 or
21    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
22    a weapon that is not readily distinguishable as one of the
23    weapons enumerated in Section 24-1 of the Criminal Code of
24    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
25        (7) When a defendant is convicted of an offense
26    involving the illegal manufacture of a controlled

 

 

10100SB1968ham001- 467 -LRB101 08002 RLC 74920 a

1    substance under Section 401 of the Illinois Controlled
2    Substances Act (720 ILCS 570/401), the illegal manufacture
3    of methamphetamine under Section 25 of the Methamphetamine
4    Control and Community Protection Act (720 ILCS 646/25), or
5    the illegal possession of explosives and an emergency
6    response officer in the performance of his or her duties is
7    killed or injured at the scene of the offense while
8    responding to the emergency caused by the commission of the
9    offense. In this paragraph, "emergency" means a situation
10    in which a person's life, health, or safety is in jeopardy;
11    and "emergency response officer" means a peace officer,
12    community policing volunteer, fireman, emergency medical
13    technician-ambulance, emergency medical
14    technician-intermediate, emergency medical
15    technician-paramedic, ambulance driver, other medical
16    assistance or first aid personnel, or hospital emergency
17    room personnel.
18        (8) When the defendant is convicted of attempted mob
19    action, solicitation to commit mob action, or conspiracy to
20    commit mob action under Section 8-1, 8-2, or 8-4 of the
21    Criminal Code of 2012, where the criminal object is a
22    violation of Section 25-1 of the Criminal Code of 2012, and
23    an electronic communication is used in the commission of
24    the offense. For the purposes of this paragraph (8),
25    "electronic communication" shall have the meaning provided
26    in Section 26.5-0.1 of the Criminal Code of 2012.

 

 

10100SB1968ham001- 468 -LRB101 08002 RLC 74920 a

1    (d) For the purposes of this Section, "organized gang" has
2the meaning ascribed to it in Section 10 of the Illinois
3Streetgang Terrorism Omnibus Prevention Act.
4    (e) The court may impose an extended term sentence under
5Article 4.5 of Chapter V upon an offender who has been
6convicted of a felony violation of Section 11-1.20, 11-1.30,
711-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
812-16 of the Criminal Code of 1961 or the Criminal Code of 2012
9when the victim of the offense is under 18 years of age at the
10time of the commission of the offense and, during the
11commission of the offense, the victim was under the influence
12of alcohol, regardless of whether or not the alcohol was
13supplied by the offender; and the offender, at the time of the
14commission of the offense, knew or should have known that the
15victim had consumed alcohol.
16(Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20;
17101-401, eff. 1-1-20; 101-417, eff. 1-1-20; revised 9-18-19.)
 
18    (730 ILCS 5/5-6-4)  (from Ch. 38, par. 1005-6-4)
19    Sec. 5-6-4. Violation, Modification or Revocation of
20Probation, of Conditional Discharge or Supervision or of a
21sentence of county impact incarceration - Hearing.
22    (a) Except in cases where conditional discharge or
23supervision was imposed for a petty offense as defined in
24Section 5-1-17, when a petition is filed charging a violation
25of a condition, the court may:

 

 

10100SB1968ham001- 469 -LRB101 08002 RLC 74920 a

1        (1) in the case of probation violations, order the
2    issuance of a notice to the offender to be present by the
3    County Probation Department or such other agency
4    designated by the court to handle probation matters; and in
5    the case of conditional discharge or supervision
6    violations, such notice to the offender shall be issued by
7    the Circuit Court Clerk; and in the case of a violation of
8    a sentence of county impact incarceration, such notice
9    shall be issued by the Sheriff;
10        (2) order a summons to the offender to be present for
11    hearing; or
12        (3) order a warrant for the offender's arrest where
13    there is danger of his fleeing the jurisdiction or causing
14    serious harm to others or when the offender fails to answer
15    a summons or notice from the clerk of the court or Sheriff.
16    Personal service of the petition for violation of probation
17or the issuance of such warrant, summons or notice shall toll
18the period of probation, conditional discharge, supervision,
19or sentence of county impact incarceration until the final
20determination of the charge, and the term of probation,
21conditional discharge, supervision, or sentence of county
22impact incarceration shall not run until the hearing and
23disposition of the petition for violation.
24    (b) The court shall conduct a hearing of the alleged
25violation. The court shall admit the offender to pretrial
26release bail pending the hearing unless the alleged violation

 

 

10100SB1968ham001- 470 -LRB101 08002 RLC 74920 a

1is itself a criminal offense in which case the offender shall
2be admitted to pretrial release bail on such terms as are
3provided in the Code of Criminal Procedure of 1963, as amended.
4In any case where an offender remains incarcerated only as a
5result of his alleged violation of the court's earlier order of
6probation, supervision, conditional discharge, or county
7impact incarceration such hearing shall be held within 14 days
8of the onset of said incarceration, unless the alleged
9violation is the commission of another offense by the offender
10during the period of probation, supervision or conditional
11discharge in which case such hearing shall be held within the
12time limits described in Section 103-5 of the Code of Criminal
13Procedure of 1963, as amended.
14    (c) The State has the burden of going forward with the
15evidence and proving the violation by the preponderance of the
16evidence. The evidence shall be presented in open court with
17the right of confrontation, cross-examination, and
18representation by counsel.
19    (d) Probation, conditional discharge, periodic
20imprisonment and supervision shall not be revoked for failure
21to comply with conditions of a sentence or supervision, which
22imposes financial obligations upon the offender unless such
23failure is due to his willful refusal to pay.
24    (e) If the court finds that the offender has violated a
25condition at any time prior to the expiration or termination of
26the period, it may continue him on the existing sentence, with

 

 

10100SB1968ham001- 471 -LRB101 08002 RLC 74920 a

1or without modifying or enlarging the conditions, or may impose
2any other sentence that was available under Article 4.5 of
3Chapter V of this Code or Section 11-501 of the Illinois
4Vehicle Code at the time of initial sentencing. If the court
5finds that the person has failed to successfully complete his
6or her sentence to a county impact incarceration program, the
7court may impose any other sentence that was available under
8Article 4.5 of Chapter V of this Code or Section 11-501 of the
9Illinois Vehicle Code at the time of initial sentencing, except
10for a sentence of probation or conditional discharge. If the
11court finds that the offender has violated paragraph (8.6) of
12subsection (a) of Section 5-6-3, the court shall revoke the
13probation of the offender. If the court finds that the offender
14has violated subsection (o) of Section 5-6-3.1, the court shall
15revoke the supervision of the offender.
16    (f) The conditions of probation, of conditional discharge,
17of supervision, or of a sentence of county impact incarceration
18may be modified by the court on motion of the supervising
19agency or on its own motion or at the request of the offender
20after notice and a hearing.
21    (g) A judgment revoking supervision, probation,
22conditional discharge, or a sentence of county impact
23incarceration is a final appealable order.
24    (h) Resentencing after revocation of probation,
25conditional discharge, supervision, or a sentence of county
26impact incarceration shall be under Article 4. The term on

 

 

10100SB1968ham001- 472 -LRB101 08002 RLC 74920 a

1probation, conditional discharge or supervision shall not be
2credited by the court against a sentence of imprisonment or
3periodic imprisonment unless the court orders otherwise. The
4amount of credit to be applied against a sentence of
5imprisonment or periodic imprisonment when the defendant
6served a term or partial term of periodic imprisonment shall be
7calculated upon the basis of the actual days spent in
8confinement rather than the duration of the term.
9    (i) Instead of filing a violation of probation, conditional
10discharge, supervision, or a sentence of county impact
11incarceration, an agent or employee of the supervising agency
12with the concurrence of his or her supervisor may serve on the
13defendant a Notice of Intermediate Sanctions. The Notice shall
14contain the technical violation or violations involved, the
15date or dates of the violation or violations, and the
16intermediate sanctions to be imposed. Upon receipt of the
17Notice, the defendant shall immediately accept or reject the
18intermediate sanctions. If the sanctions are accepted, they
19shall be imposed immediately. If the intermediate sanctions are
20rejected or the defendant does not respond to the Notice, a
21violation of probation, conditional discharge, supervision, or
22a sentence of county impact incarceration shall be immediately
23filed with the court. The State's Attorney and the sentencing
24court shall be notified of the Notice of Sanctions. Upon
25successful completion of the intermediate sanctions, a court
26may not revoke probation, conditional discharge, supervision,

 

 

10100SB1968ham001- 473 -LRB101 08002 RLC 74920 a

1or a sentence of county impact incarceration or impose
2additional sanctions for the same violation. A notice of
3intermediate sanctions may not be issued for any violation of
4probation, conditional discharge, supervision, or a sentence
5of county impact incarceration which could warrant an
6additional, separate felony charge. The intermediate sanctions
7shall include a term of home detention as provided in Article
88A of Chapter V of this Code for multiple or repeat violations
9of the terms and conditions of a sentence of probation,
10conditional discharge, or supervision.
11    (j) When an offender is re-sentenced after revocation of
12probation that was imposed in combination with a sentence of
13imprisonment for the same offense, the aggregate of the
14sentences may not exceed the maximum term authorized under
15Article 4.5 of Chapter V.
16    (k)(1) On and after the effective date of this amendatory
17Act of the 101st General Assembly, this subsection (k) shall
18apply to arrest warrants in Cook County only. An arrest warrant
19issued under paragraph (3) of subsection (a) when the
20underlying conviction is for the offense of theft, retail
21theft, or possession of a controlled substance shall remain
22active for a period not to exceed 10 years from the date the
23warrant was issued unless a motion to extend the warrant is
24filed by the office of the State's Attorney or by, or on behalf
25of, the agency supervising the wanted person. A motion to
26extend the warrant shall be filed within one year before the

 

 

10100SB1968ham001- 474 -LRB101 08002 RLC 74920 a

1warrant expiration date and notice shall be provided to the
2office of the sheriff.
3    (2) If a motion to extend a warrant issued under paragraph
4(3) of subsection (a) is not filed, the warrant shall be
5quashed and recalled as a matter of law under paragraph (1) of
6this subsection (k) and the wanted person's period of
7probation, conditional discharge, or supervision shall
8terminate unsatisfactorily as a matter of law.
9(Source: P.A. 101-406, eff. 1-1-20.)
 
10    (730 ILCS 5/5-6-4.1)  (from Ch. 38, par. 1005-6-4.1)
11    Sec. 5-6-4.1. Violation, Modification or Revocation of
12Conditional Discharge or Supervision - Hearing.)
13    (a) In cases where a defendant was placed upon supervision
14or conditional discharge for the commission of a petty offense,
15upon the oral or written motion of the State, or on the court's
16own motion, which charges that a violation of a condition of
17that conditional discharge or supervision has occurred, the
18court may:
19        (1) Conduct a hearing instanter if the offender is
20    present in court;
21        (2) Order the issuance by the court clerk of a notice
22    to the offender to be present for a hearing for violation;
23        (3) Order summons to the offender to be present; or
24        (4) Order a warrant for the offender's arrest.
25    The oral motion, if the defendant is present, or the

 

 

10100SB1968ham001- 475 -LRB101 08002 RLC 74920 a

1issuance of such warrant, summons or notice shall toll the
2period of conditional discharge or supervision until the final
3determination of the charge, and the term of conditional
4discharge or supervision shall not run until the hearing and
5disposition of the petition for violation.
6    (b) The Court shall admit the offender to pretrial release
7bail pending the hearing.
8    (c) The State has the burden of going forward with the
9evidence and proving the violation by the preponderance of the
10evidence. The evidence shall be presented in open court with
11the right of confrontation, cross-examination, and
12representation by counsel.
13    (d) Conditional discharge or supervision shall not be
14revoked for failure to comply with the conditions of the
15discharge or supervision which imposed financial obligations
16upon the offender unless such failure is due to his wilful
17refusal to pay.
18    (e) If the court finds that the offender has violated a
19condition at any time prior to the expiration or termination of
20the period, it may continue him on the existing sentence or
21supervision with or without modifying or enlarging the
22conditions, or may impose any other sentence that was available
23under Article 4.5 of Chapter V of this Code or Section 11-501
24of the Illinois Vehicle Code at the time of initial sentencing.
25    (f) The conditions of conditional discharge and of
26supervision may be modified by the court on motion of the

 

 

10100SB1968ham001- 476 -LRB101 08002 RLC 74920 a

1probation officer or on its own motion or at the request of the
2offender after notice to the defendant and a hearing.
3    (g) A judgment revoking supervision is a final appealable
4order.
5    (h) Resentencing after revocation of conditional discharge
6or of supervision shall be under Article 4. Time served on
7conditional discharge or supervision shall be credited by the
8court against a sentence of imprisonment or periodic
9imprisonment unless the court orders otherwise.
10(Source: P.A. 95-1052, eff. 7-1-09.)
 
11    (730 ILCS 5/5-8A-7)
12    Sec. 5-8A-7. Domestic violence surveillance program. If
13the Prisoner Review Board, Department of Corrections,
14Department of Juvenile Justice, or court (the supervising
15authority) orders electronic surveillance as a condition of
16parole, aftercare release, mandatory supervised release, early
17release, probation, or conditional discharge for a violation of
18an order of protection or as a condition of pretrial release
19bail for a person charged with a violation of an order of
20protection, the supervising authority shall use the best
21available global positioning technology to track domestic
22violence offenders. Best available technology must have
23real-time and interactive capabilities that facilitate the
24following objectives: (1) immediate notification to the
25supervising authority of a breach of a court ordered exclusion

 

 

10100SB1968ham001- 477 -LRB101 08002 RLC 74920 a

1zone; (2) notification of the breach to the offender; and (3)
2communication between the supervising authority, law
3enforcement, and the victim, regarding the breach. The
4supervising authority may also require that the electronic
5surveillance ordered under this Section monitor the
6consumption of alcohol or drugs.
7(Source: P.A. 99-628, eff. 1-1-17; 99-797, eff. 8-12-16;
8100-201, eff. 8-18-17.)
 
9    (730 ILCS 5/8-2-1)  (from Ch. 38, par. 1008-2-1)
10    Sec. 8-2-1. Saving Clause.
11    The repeal of Acts or parts of Acts enumerated in Section
128-5-1 does not: (1) affect any offense committed, act done,
13prosecution pending, penalty, punishment or forfeiture
14incurred, or rights, powers or remedies accrued under any law
15in effect immediately prior to the effective date of this Code;
16(2) impair, avoid, or affect any grant or conveyance made or
17right acquired or cause of action then existing under any such
18repealed Act or amendment thereto; (3) affect or impair the
19validity of any pretrial release bail or other bond or other
20obligation issued or sold and constituting a valid obligation
21of the issuing authority immediately prior to the effective
22date of this Code; (4) the validity of any contract; or (5) the
23validity of any tax levied under any law in effect prior to the
24effective date of this Code. The repeal of any validating Act
25or part thereof shall not avoid the effect of the validation.

 

 

10100SB1968ham001- 478 -LRB101 08002 RLC 74920 a

1No Act repealed by Section 8-5-1 shall repeal any Act or part
2thereof which embraces the same or a similar subject matter as
3the Act repealed.
4(Source: P.A. 78-255.)
 
5    Section 10-281. The Unified Code of Corrections is amended
6by changing Sections 3-6-3, 5-4-1, 5-4.5-95, 5-4.5-100, 5-8-1,
75-8-6, 5-8A-2, 5-8A-4, and 5-8A-4.1 and by adding 5-6-3.8 as
8follows:
 
9    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
10    Sec. 3-6-3. Rules and regulations for sentence credit.
11    (a)(1) The Department of Corrections shall prescribe rules
12and regulations for awarding and revoking sentence credit for
13persons committed to the Department which shall be subject to
14review by the Prisoner Review Board.
15    (1.5) As otherwise provided by law, sentence credit may be
16awarded for the following:
17        (A) successful completion of programming while in
18    custody of the Department or while in custody prior to
19    sentencing;
20        (B) compliance with the rules and regulations of the
21    Department; or
22        (C) service to the institution, service to a community,
23    or service to the State.
24    (2) Except as provided in paragraph (4.7) of this

 

 

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1subsection (a), the rules and regulations on sentence credit
2shall provide, with respect to offenses listed in clause (i),
3(ii), or (iii) of this paragraph (2) committed on or after June
419, 1998 or with respect to the offense listed in clause (iv)
5of this paragraph (2) committed on or after June 23, 2005 (the
6effective date of Public Act 94-71) or with respect to offense
7listed in clause (vi) committed on or after June 1, 2008 (the
8effective date of Public Act 95-625) or with respect to the
9offense of being an armed habitual criminal committed on or
10after August 2, 2005 (the effective date of Public Act 94-398)
11or with respect to the offenses listed in clause (v) of this
12paragraph (2) committed on or after August 13, 2007 (the
13effective date of Public Act 95-134) or with respect to the
14offense of aggravated domestic battery committed on or after
15July 23, 2010 (the effective date of Public Act 96-1224) or
16with respect to the offense of attempt to commit terrorism
17committed on or after January 1, 2013 (the effective date of
18Public Act 97-990), the following:
19        (i) that a prisoner who is serving a term of
20    imprisonment for first degree murder or for the offense of
21    terrorism shall receive no sentence credit and shall serve
22    the entire sentence imposed by the court;
23        (ii) that a prisoner serving a sentence for attempt to
24    commit terrorism, attempt to commit first degree murder,
25    solicitation of murder, solicitation of murder for hire,
26    intentional homicide of an unborn child, predatory

 

 

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1    criminal sexual assault of a child, aggravated criminal
2    sexual assault, criminal sexual assault, aggravated
3    kidnapping, aggravated battery with a firearm as described
4    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
5    (e)(4) of Section 12-3.05, heinous battery as described in
6    Section 12-4.1 or subdivision (a)(2) of Section 12-3.05,
7    being an armed habitual criminal, aggravated battery of a
8    senior citizen as described in Section 12-4.6 or
9    subdivision (a)(4) of Section 12-3.05, or aggravated
10    battery of a child as described in Section 12-4.3 or
11    subdivision (b)(1) of Section 12-3.05 shall receive no more
12    than 4.5 days of sentence credit for each month of his or
13    her sentence of imprisonment;
14        (iii) that a prisoner serving a sentence for home
15    invasion, armed robbery, aggravated vehicular hijacking,
16    aggravated discharge of a firearm, or armed violence with a
17    category I weapon or category II weapon, when the court has
18    made and entered a finding, pursuant to subsection (c-1) of
19    Section 5-4-1 of this Code, that the conduct leading to
20    conviction for the enumerated offense resulted in great
21    bodily harm to a victim, shall receive no more than 4.5
22    days of sentence credit for each month of his or her
23    sentence of imprisonment;
24        (iv) that a prisoner serving a sentence for aggravated
25    discharge of a firearm, whether or not the conduct leading
26    to conviction for the offense resulted in great bodily harm

 

 

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1    to the victim, shall receive no more than 4.5 days of
2    sentence credit for each month of his or her sentence of
3    imprisonment;
4        (v) that a person serving a sentence for gunrunning,
5    narcotics racketeering, controlled substance trafficking,
6    methamphetamine trafficking, drug-induced homicide,
7    aggravated methamphetamine-related child endangerment,
8    money laundering pursuant to clause (c) (4) or (5) of
9    Section 29B-1 of the Criminal Code of 1961 or the Criminal
10    Code of 2012, or a Class X felony conviction for delivery
11    of a controlled substance, possession of a controlled
12    substance with intent to manufacture or deliver,
13    calculated criminal drug conspiracy, criminal drug
14    conspiracy, street gang criminal drug conspiracy,
15    participation in methamphetamine manufacturing, aggravated
16    participation in methamphetamine manufacturing, delivery
17    of methamphetamine, possession with intent to deliver
18    methamphetamine, aggravated delivery of methamphetamine,
19    aggravated possession with intent to deliver
20    methamphetamine, methamphetamine conspiracy when the
21    substance containing the controlled substance or
22    methamphetamine is 100 grams or more shall receive no more
23    than 7.5 days sentence credit for each month of his or her
24    sentence of imprisonment;
25        (vi) that a prisoner serving a sentence for a second or
26    subsequent offense of luring a minor shall receive no more

 

 

10100SB1968ham001- 482 -LRB101 08002 RLC 74920 a

1    than 4.5 days of sentence credit for each month of his or
2    her sentence of imprisonment; and
3        (vii) that a prisoner serving a sentence for aggravated
4    domestic battery shall receive no more than 4.5 days of
5    sentence credit for each month of his or her sentence of
6    imprisonment.
7    (2.1) For all offenses, other than those enumerated in
8subdivision (a)(2)(i), (ii), or (iii) committed on or after
9June 19, 1998 or subdivision (a)(2)(iv) committed on or after
10June 23, 2005 (the effective date of Public Act 94-71) or
11subdivision (a)(2)(v) committed on or after August 13, 2007
12(the effective date of Public Act 95-134) or subdivision
13(a)(2)(vi) committed on or after June 1, 2008 (the effective
14date of Public Act 95-625) or subdivision (a)(2)(vii) committed
15on or after July 23, 2010 (the effective date of Public Act
1696-1224), and other than the offense of aggravated driving
17under the influence of alcohol, other drug or drugs, or
18intoxicating compound or compounds, or any combination thereof
19as defined in subparagraph (F) of paragraph (1) of subsection
20(d) of Section 11-501 of the Illinois Vehicle Code, and other
21than the offense of aggravated driving under the influence of
22alcohol, other drug or drugs, or intoxicating compound or
23compounds, or any combination thereof as defined in
24subparagraph (C) of paragraph (1) of subsection (d) of Section
2511-501 of the Illinois Vehicle Code committed on or after
26January 1, 2011 (the effective date of Public Act 96-1230), the

 

 

10100SB1968ham001- 483 -LRB101 08002 RLC 74920 a

1rules and regulations shall provide that a prisoner who is
2serving a term of imprisonment shall receive one day of
3sentence credit for each day of his or her sentence of
4imprisonment or recommitment under Section 3-3-9. Each day of
5sentence credit shall reduce by one day the prisoner's period
6of imprisonment or recommitment under Section 3-3-9.
7    (2.2) A prisoner serving a term of natural life
8imprisonment or a prisoner who has been sentenced to death
9shall receive no sentence credit.
10    (2.3) Except as provided in paragraph (4.7) of this
11subsection (a), the rules and regulations on sentence credit
12shall provide that a prisoner who is serving a sentence for
13aggravated driving under the influence of alcohol, other drug
14or drugs, or intoxicating compound or compounds, or any
15combination thereof as defined in subparagraph (F) of paragraph
16(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
17Code, shall receive no more than 4.5 days of sentence credit
18for each month of his or her sentence of imprisonment.
19    (2.4) Except as provided in paragraph (4.7) of this
20subsection (a), the rules and regulations on sentence credit
21shall provide with respect to the offenses of aggravated
22battery with a machine gun or a firearm equipped with any
23device or attachment designed or used for silencing the report
24of a firearm or aggravated discharge of a machine gun or a
25firearm equipped with any device or attachment designed or used
26for silencing the report of a firearm, committed on or after

 

 

10100SB1968ham001- 484 -LRB101 08002 RLC 74920 a

1July 15, 1999 (the effective date of Public Act 91-121), that a
2prisoner serving a sentence for any of these offenses shall
3receive no more than 4.5 days of sentence credit for each month
4of his or her sentence of imprisonment.
5    (2.5) Except as provided in paragraph (4.7) of this
6subsection (a), the rules and regulations on sentence credit
7shall provide that a prisoner who is serving a sentence for
8aggravated arson committed on or after July 27, 2001 (the
9effective date of Public Act 92-176) shall receive no more than
104.5 days of sentence credit for each month of his or her
11sentence of imprisonment.
12    (2.6) Except as provided in paragraph (4.7) of this
13subsection (a), the rules and regulations on sentence credit
14shall provide that a prisoner who is serving a sentence for
15aggravated driving under the influence of alcohol, other drug
16or drugs, or intoxicating compound or compounds or any
17combination thereof as defined in subparagraph (C) of paragraph
18(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
19Code committed on or after January 1, 2011 (the effective date
20of Public Act 96-1230) shall receive no more than 4.5 days of
21sentence credit for each month of his or her sentence of
22imprisonment.
23    (3) In addition to the sentence credits earned under
24paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
25subsection (a), the rules and regulations shall also provide
26that the Director may award up to 180 days of earned sentence

 

 

10100SB1968ham001- 485 -LRB101 08002 RLC 74920 a

1credit for prisoners serving a sentence of incarceration of
2less than 5 years, and up to 365 days of earned sentence credit
3for prisoners serving a sentence of 5 years or longer. The
4Director may grant this credit for good conduct in specific
5instances as the Director deems proper. The good conduct may
6include, but is not limited to, compliance with the rules and
7regulations of the Department, service to the Department,
8service to a community, or service to the State.
9    Eligible inmates for an award of earned sentence credit
10under this paragraph (3) may be selected to receive the credit
11at the Director's or his or her designee's sole discretion.
12Eligibility for the additional earned sentence credit under
13this paragraph (3) may shall be based on, but is not limited
14to, participation in programming offered by the department as
15appropriate for the prisoner based on the results of any
16available risk/needs assessment or other relevant assessments
17or evaluations administered by the Department using a validated
18instrument, the circumstances of the crime, demonstrated
19commitment to rehabilitation by a prisoner with a any history
20of conviction for a forcible felony enumerated in Section 2-8
21of the Criminal Code of 2012, the inmate's behavior and
22improvements in disciplinary history while incarcerated, and
23the inmate's commitment to rehabilitation, including
24participation in programming offered by the Department.
25    The Director shall not award sentence credit under this
26paragraph (3) to an inmate unless the inmate has served a

 

 

10100SB1968ham001- 486 -LRB101 08002 RLC 74920 a

1minimum of 60 days of the sentence; except nothing in this
2paragraph shall be construed to permit the Director to extend
3an inmate's sentence beyond that which was imposed by the
4court. Prior to awarding credit under this paragraph (3), the
5Director shall make a written determination that the inmate:
6        (A) is eligible for the earned sentence credit;
7        (B) has served a minimum of 60 days, or as close to 60
8    days as the sentence will allow;
9        (B-1) has received a risk/needs assessment or other
10    relevant evaluation or assessment administered by the
11    Department using a validated instrument; and
12        (C) has met the eligibility criteria established by
13    rule for earned sentence credit.
14    The Director shall determine the form and content of the
15written determination required in this subsection.
16    (3.5) The Department shall provide annual written reports
17to the Governor and the General Assembly on the award of earned
18sentence credit no later than February 1 of each year. The
19Department must publish both reports on its website within 48
20hours of transmitting the reports to the Governor and the
21General Assembly. The reports must include:
22        (A) the number of inmates awarded earned sentence
23    credit;
24        (B) the average amount of earned sentence credit
25    awarded;
26        (C) the holding offenses of inmates awarded earned

 

 

10100SB1968ham001- 487 -LRB101 08002 RLC 74920 a

1    sentence credit; and
2        (D) the number of earned sentence credit revocations.
3    (4)(A) Except as provided in paragraph (4.7) of this
4subsection (a), the rules and regulations shall also provide
5that any prisoner who the sentence credit accumulated and
6retained under paragraph (2.1) of subsection (a) of this
7Section by any inmate during specific periods of time in which
8such inmate is engaged full-time in substance abuse programs,
9correctional industry assignments, educational programs,
10work-release programs or activities in accordance with 730 ILCS
115/3-13-1 et seq., behavior modification programs, life skills
12courses, or re-entry planning provided by the Department under
13this paragraph (4) and satisfactorily completes the assigned
14program as determined by the standards of the Department, shall
15receive [one day] of sentence credit for each day in which that
16prisoner is engaged in the activities described in this
17paragraph be multiplied by a factor of 1.25 for program
18participation before August 11, 1993 and 1.50 for program
19participation on or after that date. The rules and regulations
20shall also provide that sentence credit, subject to the same
21offense limits and multiplier provided in this paragraph, may
22be provided to an inmate who was held in pre-trial detention
23prior to his or her current commitment to the Department of
24Corrections and successfully completed a full-time, 60-day or
25longer substance abuse program, educational program, behavior
26modification program, life skills course, or re-entry planning

 

 

10100SB1968ham001- 488 -LRB101 08002 RLC 74920 a

1provided by the county department of corrections or county
2jail. Calculation of this county program credit shall be done
3at sentencing as provided in Section 5-4.5-100 of this Code and
4shall be included in the sentencing order. The rules and
5regulations shall also provide that sentence credit may be
6provided to an inmate who is in compliance with programming
7requirements in an adult transition center. However, no inmate
8shall be eligible for the additional sentence credit under this
9paragraph (4) or (4.1) of this subsection (a) while assigned to
10a boot camp or electronic detention.
11    (B) The Department shall award sentence credit under this
12paragraph (4) accumulated prior to January 1, 2020 (the
13effective date of Public Act 101-440) this amendatory Act of
14the 101st General Assembly in an amount specified in
15subparagraph (C) of this paragraph (4) to an inmate serving a
16sentence for an offense committed prior to June 19, 1998, if
17the Department determines that the inmate is entitled to this
18sentence credit, based upon:
19        (i) documentation provided by the Department that the
20    inmate engaged in any full-time substance abuse programs,
21    correctional industry assignments, educational programs,
22    behavior modification programs, life skills courses, or
23    re-entry planning provided by the Department under this
24    paragraph (4) and satisfactorily completed the assigned
25    program as determined by the standards of the Department
26    during the inmate's current term of incarceration; or

 

 

10100SB1968ham001- 489 -LRB101 08002 RLC 74920 a

1        (ii) the inmate's own testimony in the form of an
2    affidavit or documentation, or a third party's
3    documentation or testimony in the form of an affidavit that
4    the inmate likely engaged in any full-time substance abuse
5    programs, correctional industry assignments, educational
6    programs, behavior modification programs, life skills
7    courses, or re-entry planning provided by the Department
8    under paragraph (4) and satisfactorily completed the
9    assigned program as determined by the standards of the
10    Department during the inmate's current term of
11    incarceration.
12    (C) If the inmate can provide documentation that he or she
13is entitled to sentence credit under subparagraph (B) in excess
14of 45 days of participation in those programs, the inmate shall
15receive 90 days of sentence credit. If the inmate cannot
16provide documentation of more than 45 days of participation in
17those programs, the inmate shall receive 45 days of sentence
18credit. In the event of a disagreement between the Department
19and the inmate as to the amount of credit accumulated under
20subparagraph (B), if the Department provides documented proof
21of a lesser amount of days of participation in those programs,
22that proof shall control. If the Department provides no
23documentary proof, the inmate's proof as set forth in clause
24(ii) of subparagraph (B) shall control as to the amount of
25sentence credit provided.
26    (D) If the inmate has been convicted of a sex offense as

 

 

10100SB1968ham001- 490 -LRB101 08002 RLC 74920 a

1defined in Section 2 of the Sex Offender Registration Act,
2sentencing credits under subparagraph (B) of this paragraph (4)
3shall be awarded by the Department only if the conditions set
4forth in paragraph (4.6) of subsection (a) are satisfied. No
5inmate serving a term of natural life imprisonment shall
6receive sentence credit under subparagraph (B) of this
7paragraph (4).
8    Educational, vocational, substance abuse, behavior
9modification programs, life skills courses, re-entry planning,
10and correctional industry programs under which sentence credit
11may be earned increased under this paragraph (4) and paragraph
12(4.1) of this subsection (a) shall be evaluated by the
13Department on the basis of documented standards. The Department
14shall report the results of these evaluations to the Governor
15and the General Assembly by September 30th of each year. The
16reports shall include data relating to the recidivism rate
17among program participants.
18    Availability of these programs shall be subject to the
19limits of fiscal resources appropriated by the General Assembly
20for these purposes. Eligible inmates who are denied immediate
21admission shall be placed on a waiting list under criteria
22established by the Department. The rules and regulations shall
23provide that a prisoner who has been placed on a waiting list
24but is transferred for non-disciplinary reasons before
25beginning a program shall receive priority placement on the
26waitlist for appropriate programs at the new facility. The

 

 

10100SB1968ham001- 491 -LRB101 08002 RLC 74920 a

1inability of any inmate to become engaged in any such programs
2by reason of insufficient program resources or for any other
3reason established under the rules and regulations of the
4Department shall not be deemed a cause of action under which
5the Department or any employee or agent of the Department shall
6be liable for damages to the inmate. The rules and regulations
7shall provide that a prisoner who begins an educational,
8vocational, substance abuse, work-release programs or
9activities in accordance with 730 ILCS 5/3-13-1 et seq.,
10behavior modification program, life skills course, re-entry
11planning, or correctional industry programs but is unable to
12complete the program due to illness, disability, transfer,
13lockdown, or another reason outside of the prisoner's control
14shall receive prorated sentence credits for the days in which
15the prisoner did participate.
16    (4.1) Except as provided in paragraph (4.7) of this
17subsection (a), the rules and regulations shall also provide
18that an additional 90 days of sentence credit shall be awarded
19to any prisoner who passes high school equivalency testing
20while the prisoner is committed to the Department of
21Corrections. The sentence credit awarded under this paragraph
22(4.1) shall be in addition to, and shall not affect, the award
23of sentence credit under any other paragraph of this Section,
24but shall also be pursuant to the guidelines and restrictions
25set forth in paragraph (4) of subsection (a) of this Section.
26The sentence credit provided for in this paragraph shall be

 

 

10100SB1968ham001- 492 -LRB101 08002 RLC 74920 a

1available only to those prisoners who have not previously
2earned a high school diploma or a high school equivalency
3certificate. If, after an award of the high school equivalency
4testing sentence credit has been made, the Department
5determines that the prisoner was not eligible, then the award
6shall be revoked. The Department may also award 90 days of
7sentence credit to any committed person who passed high school
8equivalency testing while he or she was held in pre-trial
9detention prior to the current commitment to the Department of
10Corrections. Except as provided in paragraph (4.7) of this
11subsection (a), the rules and regulations shall provide that an
12additional 120 days of sentence credit shall be awarded to any
13prisoner who obtains a associate degree while the prisoner is
14committed to the Department of Corrections, regardless of the
15date that the associate degree was obtained, including if prior
16to the effective date of this amendatory Act of the 101st
17General Assembly. The sentence credit awarded under this
18paragraph (4.1) shall be in addition to, and shall not affect,
19the award of sentence credit under any other paragraph of this
20Section, but shall also be under the guidelines and
21restrictions set forth in paragraph (4) of subsection (a) of
22this Section. The sentence credit provided for in this
23paragraph (4.1) shall be available only to those prisoners who
24have not previously earned an associate degree prior to the
25current commitment to the Department of Corrections. If, after
26an award of the associate degree sentence credit has been made

 

 

10100SB1968ham001- 493 -LRB101 08002 RLC 74920 a

1and the Department determines that the prisoner was not
2eligible, then the award shall be revoked. The Department may
3also award 120 days of sentence credit to any committed person
4who earned an associate degree while he or she was held in
5pre-trial detention prior to the current commitment to the
6Department of Corrections.
7    Except as provided in paragraph (4.7) of this subsection
8(a), the rules and regulations shall provide that an additional
9180 days of sentence credit shall be awarded to any prisoner
10who obtains a bachelor's degree while the prisoner is committed
11to the Department of Corrections. The sentence credit awarded
12under this paragraph (4.1) shall be in addition to, and shall
13not affect, the award of sentence credit under any other
14paragraph of this Section, but shall also be under the
15guidelines and restrictions set forth in paragraph (4) of this
16subsection (a). The sentence credit provided for in this
17paragraph shall be available only to those prisoners who have
18not earned a bachelor's degree prior to the current commitment
19to the Department of Corrections. If, after an award of the
20bachelor's degree sentence credit has been made, the Department
21determines that the prisoner was not eligible, then the award
22shall be revoked. The Department may also award 180 days of
23sentence credit to any committed person who earned a bachelor's
24degree while he or she was held in pre-trial detention prior to
25the current commitment to the Department of Corrections.
26    Except as provided in paragraph (4.7) of this subsection

 

 

10100SB1968ham001- 494 -LRB101 08002 RLC 74920 a

1(a), the rules and regulations shall provide that an additional
2180 days of sentence credit shall be awarded to any prisoner
3who obtains a master's or professional degree while the
4prisoner is committed to the Department of Corrections. The
5sentence credit awarded under this paragraph (4.1) shall be in
6addition to, and shall not affect, the award of sentence credit
7under any other paragraph of this Section, but shall also be
8under the guidelines and restrictions set forth in paragraph
9(4) of this subsection (a). The sentence credit provided for in
10this paragraph shall be available only to those prisoners who
11have not previously earned a master's or professional degree
12prior to the current commitment to the Department of
13Corrections. If, after an award of the master's or professional
14degree sentence credit has been made, the Department determines
15that the prisoner was not eligible, then the award shall be
16revoked. The Department may also award 180 days of sentence
17credit to any committed person who earned a master's or
18professional degree while he or she was held in pre-trial
19detention prior to the current commitment to the Department of
20Corrections.
21    (4.2) The rules and regulations shall also provide that any
22prisoner engaged in self-improvement programs, volunteer work,
23or work assignments that are not otherwise eligible activities
24under section (4), shall receive up to 0.5 days of sentence
25credit for each day in which the prisoner is engaged in
26activities described in this paragraph.

 

 

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1    (4.5) The rules and regulations on sentence credit shall
2also provide that when the court's sentencing order recommends
3a prisoner for substance abuse treatment and the crime was
4committed on or after September 1, 2003 (the effective date of
5Public Act 93-354), the prisoner shall receive no sentence
6credit awarded under clause (3) of this subsection (a) unless
7he or she participates in and completes a substance abuse
8treatment program. The Director may waive the requirement to
9participate in or complete a substance abuse treatment program
10in specific instances if the prisoner is not a good candidate
11for a substance abuse treatment program for medical,
12programming, or operational reasons. Availability of substance
13abuse treatment shall be subject to the limits of fiscal
14resources appropriated by the General Assembly for these
15purposes. If treatment is not available and the requirement to
16participate and complete the treatment has not been waived by
17the Director, the prisoner shall be placed on a waiting list
18under criteria established by the Department. The Director may
19allow a prisoner placed on a waiting list to participate in and
20complete a substance abuse education class or attend substance
21abuse self-help meetings in lieu of a substance abuse treatment
22program. A prisoner on a waiting list who is not placed in a
23substance abuse program prior to release may be eligible for a
24waiver and receive sentence credit under clause (3) of this
25subsection (a) at the discretion of the Director.
26    (4.6) The rules and regulations on sentence credit shall

 

 

10100SB1968ham001- 496 -LRB101 08002 RLC 74920 a

1also provide that a prisoner who has been convicted of a sex
2offense as defined in Section 2 of the Sex Offender
3Registration Act shall receive no sentence credit unless he or
4she either has successfully completed or is participating in
5sex offender treatment as defined by the Sex Offender
6Management Board. However, prisoners who are waiting to receive
7treatment, but who are unable to do so due solely to the lack
8of resources on the part of the Department, may, at the
9Director's sole discretion, be awarded sentence credit at a
10rate as the Director shall determine.
11    (4.7) On or after January 1, 2018 (the effective date of
12Public Act 100-3) this amendatory Act of the 100th General
13Assembly, sentence credit under paragraph (3), (4), or (4.1) of
14this subsection (a) may be awarded to a prisoner who is serving
15a sentence for an offense described in paragraph (2), (2.3),
16(2.4), (2.5), or (2.6) for credit earned on or after January 1,
172018 (the effective date of Public Act 100-3) this amendatory
18Act of the 100th General Assembly; provided, the award of the
19credits under this paragraph (4.7) shall not reduce the
20sentence of the prisoner to less than the following amounts:
21        (i) 85% of his or her sentence if the prisoner is
22    required to serve 85% of his or her sentence; or
23        (ii) 60% of his or her sentence if the prisoner is
24    required to serve 75% of his or her sentence, except if the
25    prisoner is serving a sentence for gunrunning his or her
26    sentence shall not be reduced to less than 75%.

 

 

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1        (iii) 100% of his or her sentence if the prisoner is
2    required to serve 100% of his or her sentence.
3    (5) Whenever the Department is to release any inmate
4earlier than it otherwise would because of a grant of earned
5sentence credit under paragraph (3) of subsection (a) of this
6Section given at any time during the term, the Department shall
7give reasonable notice of the impending release not less than
814 days prior to the date of the release to the State's
9Attorney of the county where the prosecution of the inmate took
10place, and if applicable, the State's Attorney of the county
11into which the inmate will be released. The Department must
12also make identification information and a recent photo of the
13inmate being released accessible on the Internet by means of a
14hyperlink labeled "Community Notification of Inmate Early
15Release" on the Department's World Wide Web homepage. The
16identification information shall include the inmate's: name,
17any known alias, date of birth, physical characteristics,
18commitment offense, and county where conviction was imposed.
19The identification information shall be placed on the website
20within 3 days of the inmate's release and the information may
21not be removed until either: completion of the first year of
22mandatory supervised release or return of the inmate to custody
23of the Department.
24    (b) Whenever a person is or has been committed under
25several convictions, with separate sentences, the sentences
26shall be construed under Section 5-8-4 in granting and

 

 

10100SB1968ham001- 498 -LRB101 08002 RLC 74920 a

1forfeiting of sentence credit.
2    (c) (1) The Department shall prescribe rules and
3regulations for revoking sentence credit, including revoking
4sentence credit awarded under paragraph (3) of subsection (a)
5of this Section. The Department shall prescribe rules and
6regulations establishing and requiring the use of a sanctions
7matrix for revoking sentence credit. The Department shall
8prescribe rules and regulations for suspending or reducing the
9rate of accumulation of sentence credit for specific rule
10violations, during imprisonment. These rules and regulations
11shall provide that no inmate may be penalized more than one
12year of sentence credit for any one infraction.
13    (2) When the Department seeks to revoke, suspend, or reduce
14the rate of accumulation of any sentence credits for an alleged
15infraction of its rules, it shall bring charges therefor
16against the prisoner sought to be so deprived of sentence
17credits before the Prisoner Review Board as provided in
18subparagraph (a)(4) of Section 3-3-2 of this Code, if the
19amount of credit at issue exceeds 30 days, whether from one
20infraction or cumulatively from multiple infractions arising
21out of a single event, or when, during any 12-month 12 month
22period, the cumulative amount of credit revoked exceeds 30 days
23except where the infraction is committed or discovered within
2460 days of scheduled release. In those cases, the Department of
25Corrections may revoke up to 30 days of sentence credit. The
26Board may subsequently approve the revocation of additional

 

 

10100SB1968ham001- 499 -LRB101 08002 RLC 74920 a

1sentence credit, if the Department seeks to revoke sentence
2credit in excess of 30 days. However, the Board shall not be
3empowered to review the Department's decision with respect to
4the loss of 30 days of sentence credit within any calendar year
5for any prisoner or to increase any penalty beyond the length
6requested by the Department.
7    (3) The Director of the Department of Corrections, in
8appropriate cases, may restore up to 30 days of sentence
9credits which have been revoked, suspended, or reduced. The
10Department shall prescribe rules and regulations governing the
11restoration of sentence credits. These rules and regulations
12shall provide for the automatic restoration of sentence credits
13following a period in which the prisoner maintains a record
14without a disciplinary violation. Any restoration of sentence
15credits in excess of 30 days shall be subject to review by the
16Prisoner Review Board. However, the Board may not restore
17sentence credit in excess of the amount requested by the
18Director.
19    Nothing contained in this Section shall prohibit the
20Prisoner Review Board from ordering, pursuant to Section
213-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
22sentence imposed by the court that was not served due to the
23accumulation of sentence credit.
24    (d) If a lawsuit is filed by a prisoner in an Illinois or
25federal court against the State, the Department of Corrections,
26or the Prisoner Review Board, or against any of their officers

 

 

10100SB1968ham001- 500 -LRB101 08002 RLC 74920 a

1or employees, and the court makes a specific finding that a
2pleading, motion, or other paper filed by the prisoner is
3frivolous, the Department of Corrections shall conduct a
4hearing to revoke up to 180 days of sentence credit by bringing
5charges against the prisoner sought to be deprived of the
6sentence credits before the Prisoner Review Board as provided
7in subparagraph (a)(8) of Section 3-3-2 of this Code. If the
8prisoner has not accumulated 180 days of sentence credit at the
9time of the finding, then the Prisoner Review Board may revoke
10all sentence credit accumulated by the prisoner.
11    For purposes of this subsection (d):
12        (1) "Frivolous" means that a pleading, motion, or other
13    filing which purports to be a legal document filed by a
14    prisoner in his or her lawsuit meets any or all of the
15    following criteria:
16            (A) it lacks an arguable basis either in law or in
17        fact;
18            (B) it is being presented for any improper purpose,
19        such as to harass or to cause unnecessary delay or
20        needless increase in the cost of litigation;
21            (C) the claims, defenses, and other legal
22        contentions therein are not warranted by existing law
23        or by a nonfrivolous argument for the extension,
24        modification, or reversal of existing law or the
25        establishment of new law;
26            (D) the allegations and other factual contentions

 

 

10100SB1968ham001- 501 -LRB101 08002 RLC 74920 a

1        do not have evidentiary support or, if specifically so
2        identified, are not likely to have evidentiary support
3        after a reasonable opportunity for further
4        investigation or discovery; or
5            (E) the denials of factual contentions are not
6        warranted on the evidence, or if specifically so
7        identified, are not reasonably based on a lack of
8        information or belief.
9        (2) "Lawsuit" means a motion pursuant to Section 116-3
10    of the Code of Criminal Procedure of 1963, a habeas corpus
11    action under Article X of the Code of Civil Procedure or
12    under federal law (28 U.S.C. 2254), a petition for claim
13    under the Court of Claims Act, an action under the federal
14    Civil Rights Act (42 U.S.C. 1983), or a second or
15    subsequent petition for post-conviction relief under
16    Article 122 of the Code of Criminal Procedure of 1963
17    whether filed with or without leave of court or a second or
18    subsequent petition for relief from judgment under Section
19    2-1401 of the Code of Civil Procedure.
20    (e) Nothing in Public Act 90-592 or 90-593 affects the
21validity of Public Act 89-404.
22    (f) Whenever the Department is to release any inmate who
23has been convicted of a violation of an order of protection
24under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
25the Criminal Code of 2012, earlier than it otherwise would
26because of a grant of sentence credit, the Department, as a

 

 

10100SB1968ham001- 502 -LRB101 08002 RLC 74920 a

1condition of release, shall require that the person, upon
2release, be placed under electronic surveillance as provided in
3Section 5-8A-7 of this Code.
4(Source: P.A. 100-3, eff. 1-1-18; 100-575, eff. 1-8-18;
5101-440, eff. 1-1-20; revised 8-19-20.)
 
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
9procedures otherwise specified, after a determination of
10guilt, a hearing shall be held to impose the sentence. However,
11prior to the imposition of sentence on an individual being
12sentenced for an offense based upon a charge for a violation of
13Section 11-501 of the Illinois Vehicle Code or a similar
14provision of a local ordinance, the individual must undergo a
15professional evaluation to determine if an alcohol or other
16drug abuse problem exists and the extent of such a problem.
17Programs conducting these evaluations shall be licensed by the
18Department of Human Services. However, if the individual is not
19a resident of Illinois, the court may, in its discretion,
20accept an evaluation from a program in the state of such
21individual's residence. The court shall make a specific finding
22about whether the defendant is eligible for participation in a
23Department impact incarceration program as provided in Section
245-8-1.1 or 5-8-1.3, and if not, provide an explanation as to
25why a sentence to impact incarceration is not an appropriate

 

 

10100SB1968ham001- 503 -LRB101 08002 RLC 74920 a

1sentence. The court may in its sentencing order recommend a
2defendant for placement in a Department of Corrections
3substance abuse treatment program as provided in paragraph (a)
4of subsection (1) of Section 3-2-2 conditioned upon the
5defendant being accepted in a program by the Department of
6Corrections. At the hearing the court shall:
7        (1) consider the evidence, if any, received upon the
8    trial;
9        (2) consider any presentence reports;
10        (3) consider the financial impact of incarceration
11    based on the financial impact statement filed with the
12    clerk of the court by the Department of Corrections;
13        (4) consider evidence and information offered by the
14    parties in aggravation and mitigation;
15        (4.5) consider substance abuse treatment, eligibility
16    screening, and an assessment, if any, of the defendant by
17    an agent designated by the State of Illinois to provide
18    assessment services for the Illinois courts;
19        (5) hear arguments as to sentencing alternatives;
20        (6) afford the defendant the opportunity to make a
21    statement in his own behalf;
22        (7) afford the victim of a violent crime or a violation
23    of Section 11-501 of the Illinois Vehicle Code, or a
24    similar provision of a local ordinance, the opportunity to
25    present an oral or written statement, as guaranteed by
26    Article I, Section 8.1 of the Illinois Constitution and

 

 

10100SB1968ham001- 504 -LRB101 08002 RLC 74920 a

1    provided in Section 6 of the Rights of Crime Victims and
2    Witnesses Act. The court shall allow a victim to make an
3    oral statement if the victim is present in the courtroom
4    and requests to make an oral or written statement. An oral
5    or written statement includes the victim or a
6    representative of the victim reading the written
7    statement. The court may allow persons impacted by the
8    crime who are not victims under subsection (a) of Section 3
9    of the Rights of Crime Victims and Witnesses Act to present
10    an oral or written statement. A victim and any person
11    making an oral statement shall not be put under oath or
12    subject to cross-examination. All statements offered under
13    this paragraph (7) shall become part of the record of the
14    court. In this paragraph (7), "victim of a violent crime"
15    means a person who is a victim of a violent crime for which
16    the defendant has been convicted after a bench or jury
17    trial or a person who is the victim of a violent crime with
18    which the defendant was charged and the defendant has been
19    convicted under a plea agreement of a crime that is not a
20    violent crime as defined in subsection (c) of 3 of the
21    Rights of Crime Victims and Witnesses Act;
22        (7.5) afford a qualified person affected by: (i) a
23    violation of Section 405, 405.1, 405.2, or 407 of the
24    Illinois Controlled Substances Act or a violation of
25    Section 55 or Section 65 of the Methamphetamine Control and
26    Community Protection Act; or (ii) a Class 4 felony

 

 

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1    violation of Section 11-14, 11-14.3 except as described in
2    subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
3    11-18.1, or 11-19 of the Criminal Code of 1961 or the
4    Criminal Code of 2012, committed by the defendant the
5    opportunity to make a statement concerning the impact on
6    the qualified person and to offer evidence in aggravation
7    or mitigation; provided that the statement and evidence
8    offered in aggravation or mitigation shall first be
9    prepared in writing in conjunction with the State's
10    Attorney before it may be presented orally at the hearing.
11    Sworn testimony offered by the qualified person is subject
12    to the defendant's right to cross-examine. All statements
13    and evidence offered under this paragraph (7.5) shall
14    become part of the record of the court. In this paragraph
15    (7.5), "qualified person" means any person who: (i) lived
16    or worked within the territorial jurisdiction where the
17    offense took place when the offense took place; or (ii) is
18    familiar with various public places within the territorial
19    jurisdiction where the offense took place when the offense
20    took place. "Qualified person" includes any peace officer
21    or any member of any duly organized State, county, or
22    municipal peace officer unit assigned to the territorial
23    jurisdiction where the offense took place when the offense
24    took place;
25        (8) in cases of reckless homicide afford the victim's
26    spouse, guardians, parents or other immediate family

 

 

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1    members an opportunity to make oral statements;
2        (9) in cases involving a felony sex offense as defined
3    under the Sex Offender Management Board Act, consider the
4    results of the sex offender evaluation conducted pursuant
5    to Section 5-3-2 of this Act; and
6        (10) make a finding of whether a motor vehicle was used
7    in the commission of the offense for which the defendant is
8    being sentenced.
9    (b) All sentences shall be imposed by the judge based upon
10his independent assessment of the elements specified above and
11any agreement as to sentence reached by the parties. The judge
12who presided at the trial or the judge who accepted the plea of
13guilty shall impose the sentence unless he is no longer sitting
14as a judge in that court. Where the judge does not impose
15sentence at the same time on all defendants who are convicted
16as a result of being involved in the same offense, the
17defendant or the State's Attorney may advise the sentencing
18court of the disposition of any other defendants who have been
19sentenced.
20    (b-1) In imposing a sentence of imprisonment or periodic
21imprisonment for a Class 3 or Class 4 felony for which a
22sentence of probation or conditional discharge is an available
23sentence, if the defendant has no prior sentence of probation
24or conditional discharge and no prior conviction for a violent
25crime, the defendant shall not be sentenced to imprisonment
26before review and consideration of a presentence report and

 

 

10100SB1968ham001- 507 -LRB101 08002 RLC 74920 a

1determination and explanation of why the particular evidence,
2information, factor in aggravation, factual finding, or other
3reasons support a sentencing determination that one or more of
4the factors under subsection (a) of Section 5-6-1 of this Code
5apply and that probation or conditional discharge is not an
6appropriate sentence.
7    (c) In imposing a sentence for a violent crime or for an
8offense of operating or being in physical control of a vehicle
9while under the influence of alcohol, any other drug or any
10combination thereof, or a similar provision of a local
11ordinance, when such offense resulted in the personal injury to
12someone other than the defendant, the trial judge shall specify
13on the record the particular evidence, information, factors in
14mitigation and aggravation or other reasons that led to his
15sentencing determination. The full verbatim record of the
16sentencing hearing shall be filed with the clerk of the court
17and shall be a public record.
18    (c-1) In imposing a sentence for the offense of aggravated
19kidnapping for ransom, home invasion, armed robbery,
20aggravated vehicular hijacking, aggravated discharge of a
21firearm, or armed violence with a category I weapon or category
22II weapon, the trial judge shall make a finding as to whether
23the conduct leading to conviction for the offense resulted in
24great bodily harm to a victim, and shall enter that finding and
25the basis for that finding in the record.
26    (c-2) If the defendant is sentenced to prison, other than

 

 

10100SB1968ham001- 508 -LRB101 08002 RLC 74920 a

1when a sentence of natural life imprisonment or a sentence of
2death is imposed, at the time the sentence is imposed the judge
3shall state on the record in open court the approximate period
4of time the defendant will serve in custody according to the
5then current statutory rules and regulations for sentence
6credit found in Section 3-6-3 and other related provisions of
7this Code. This statement is intended solely to inform the
8public, has no legal effect on the defendant's actual release,
9and may not be relied on by the defendant on appeal.
10    The judge's statement, to be given after pronouncing the
11sentence, other than when the sentence is imposed for one of
12the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
13shall include the following:
14    "The purpose of this statement is to inform the public of
15the actual period of time this defendant is likely to spend in
16prison as a result of this sentence. The actual period of
17prison time served is determined by the statutes of Illinois as
18applied to this sentence by the Illinois Department of
19Corrections and the Illinois Prisoner Review Board. In this
20case, assuming the defendant receives all of his or her
21sentence credit, the period of estimated actual custody is ...
22years and ... months, less up to 180 days additional earned
23sentence credit. If the defendant, because of his or her own
24misconduct or failure to comply with the institutional
25regulations, does not receive those credits, the actual time
26served in prison will be longer. The defendant may also receive

 

 

10100SB1968ham001- 509 -LRB101 08002 RLC 74920 a

1an additional one-half day sentence credit for each day of
2participation in vocational, industry, substance abuse, and
3educational programs as provided for by Illinois statute."
4    When the sentence is imposed for one of the offenses
5enumerated in paragraph (a)(2) of Section 3-6-3, other than
6first degree murder, and the offense was committed on or after
7June 19, 1998, and when the sentence is imposed for reckless
8homicide as defined in subsection (e) of Section 9-3 of the
9Criminal Code of 1961 or the Criminal Code of 2012 if the
10offense was committed on or after January 1, 1999, and when the
11sentence is imposed for aggravated driving under the influence
12of alcohol, other drug or drugs, or intoxicating compound or
13compounds, or any combination thereof as defined in
14subparagraph (F) of paragraph (1) of subsection (d) of Section
1511-501 of the Illinois Vehicle Code, and when the sentence is
16imposed for aggravated arson if the offense was committed on or
17after July 27, 2001 (the effective date of Public Act 92-176),
18and when the sentence is imposed for aggravated driving under
19the influence of alcohol, other drug or drugs, or intoxicating
20compound or compounds, or any combination thereof as defined in
21subparagraph (C) of paragraph (1) of subsection (d) of Section
2211-501 of the Illinois Vehicle Code committed on or after
23January 1, 2011 (the effective date of Public Act 96-1230), the
24judge's statement, to be given after pronouncing the sentence,
25shall include the following:
26    "The purpose of this statement is to inform the public of

 

 

10100SB1968ham001- 510 -LRB101 08002 RLC 74920 a

1the actual period of time this defendant is likely to spend in
2prison as a result of this sentence. The actual period of
3prison time served is determined by the statutes of Illinois as
4applied to this sentence by the Illinois Department of
5Corrections and the Illinois Prisoner Review Board. In this
6case, the defendant is entitled to no more than 4 1/2 days of
7sentence credit for each month of his or her sentence of
8imprisonment. Therefore, this defendant will serve at least 85%
9of his or her sentence. Assuming the defendant receives 4 1/2
10days credit for each month of his or her sentence, the period
11of estimated actual custody is ... years and ... months. If the
12defendant, because of his or her own misconduct or failure to
13comply with the institutional regulations receives lesser
14credit, the actual time served in prison will be longer."
15    When a sentence of imprisonment is imposed for first degree
16murder and the offense was committed on or after June 19, 1998,
17the judge's statement, to be given after pronouncing the
18sentence, shall include the following:
19    "The purpose of this statement is to inform the public of
20the actual period of time this defendant is likely to spend in
21prison as a result of this sentence. The actual period of
22prison time served is determined by the statutes of Illinois as
23applied to this sentence by the Illinois Department of
24Corrections and the Illinois Prisoner Review Board. In this
25case, the defendant is not entitled to sentence credit.
26Therefore, this defendant will serve 100% of his or her

 

 

10100SB1968ham001- 511 -LRB101 08002 RLC 74920 a

1sentence."
2    When the sentencing order recommends placement in a
3substance abuse program for any offense that results in
4incarceration in a Department of Corrections facility and the
5crime was committed on or after September 1, 2003 (the
6effective date of Public Act 93-354), the judge's statement, in
7addition to any other judge's statement required under this
8Section, to be given after pronouncing the sentence, shall
9include the following:
10    "The purpose of this statement is to inform the public of
11the actual period of time this defendant is likely to spend in
12prison as a result of this sentence. The actual period of
13prison time served is determined by the statutes of Illinois as
14applied to this sentence by the Illinois Department of
15Corrections and the Illinois Prisoner Review Board. In this
16case, the defendant shall receive no earned sentence credit
17under clause (3) of subsection (a) of Section 3-6-3 until he or
18she participates in and completes a substance abuse treatment
19program or receives a waiver from the Director of Corrections
20pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
21    (c-4) Before the sentencing hearing and as part of the
22presentence investigation under Section 5-3-1, the court shall
23inquire of the defendant whether the defendant is currently
24serving in or is a veteran of the Armed Forces of the United
25States. If the defendant is currently serving in the Armed
26Forces of the United States or is a veteran of the Armed Forces

 

 

10100SB1968ham001- 512 -LRB101 08002 RLC 74920 a

1of the United States and has been diagnosed as having a mental
2illness by a qualified psychiatrist or clinical psychologist or
3physician, the court may:
4        (1) order that the officer preparing the presentence
5    report consult with the United States Department of
6    Veterans Affairs, Illinois Department of Veterans'
7    Affairs, or another agency or person with suitable
8    knowledge or experience for the purpose of providing the
9    court with information regarding treatment options
10    available to the defendant, including federal, State, and
11    local programming; and
12        (2) consider the treatment recommendations of any
13    diagnosing or treating mental health professionals
14    together with the treatment options available to the
15    defendant in imposing sentence.
16    For the purposes of this subsection (c-4), "qualified
17psychiatrist" means a reputable physician licensed in Illinois
18to practice medicine in all its branches, who has specialized
19in the diagnosis and treatment of mental and nervous disorders
20for a period of not less than 5 years.
21    (c-6) In imposing a sentence, the trial judge shall
22specify, on the record, the particular evidence and other
23reasons which led to his or her determination that a motor
24vehicle was used in the commission of the offense.
25    (c-7) In imposing a sentence for a Class 3 or 4 felony,
26other than a violent crime as defined in Section 3 of the

 

 

10100SB1968ham001- 513 -LRB101 08002 RLC 74920 a

1Rights of Crime Victims and Witnesses Act, the court shall
2determine and indicate in the sentencing order whether the
3defendant has 4 or more or fewer than 4 months remaining on his
4or her sentence accounting for time served.
5    (d) When the defendant is committed to the Department of
6Corrections, the State's Attorney shall and counsel for the
7defendant may file a statement with the clerk of the court to
8be transmitted to the department, agency or institution to
9which the defendant is committed to furnish such department,
10agency or institution with the facts and circumstances of the
11offense for which the person was committed together with all
12other factual information accessible to them in regard to the
13person prior to his commitment relative to his habits,
14associates, disposition and reputation and any other facts and
15circumstances which may aid such department, agency or
16institution during its custody of such person. The clerk shall
17within 10 days after receiving any such statements transmit a
18copy to such department, agency or institution and a copy to
19the other party, provided, however, that this shall not be
20cause for delay in conveying the person to the department,
21agency or institution to which he has been committed.
22    (e) The clerk of the court shall transmit to the
23department, agency or institution, if any, to which the
24defendant is committed, the following:
25        (1) the sentence imposed;
26        (2) any statement by the court of the basis for

 

 

10100SB1968ham001- 514 -LRB101 08002 RLC 74920 a

1    imposing the sentence;
2        (3) any presentence reports;
3        (3.5) any sex offender evaluations;
4        (3.6) any substance abuse treatment eligibility
5    screening and assessment of the defendant by an agent
6    designated by the State of Illinois to provide assessment
7    services for the Illinois courts;
8        (4) the number of days, if any, which the defendant has
9    been in custody and for which he is entitled to credit
10    against the sentence, which information shall be provided
11    to the clerk by the sheriff;
12        (4.1) any finding of great bodily harm made by the
13    court with respect to an offense enumerated in subsection
14    (c-1);
15        (5) all statements filed under subsection (d) of this
16    Section;
17        (6) any medical or mental health records or summaries
18    of the defendant;
19        (7) the municipality where the arrest of the offender
20    or the commission of the offense has occurred, where such
21    municipality has a population of more than 25,000 persons;
22        (8) all statements made and evidence offered under
23    paragraph (7) of subsection (a) of this Section; and
24        (9) all additional matters which the court directs the
25    clerk to transmit.
26    (f) In cases in which the court finds that a motor vehicle

 

 

10100SB1968ham001- 515 -LRB101 08002 RLC 74920 a

1was used in the commission of the offense for which the
2defendant is being sentenced, the clerk of the court shall,
3within 5 days thereafter, forward a report of such conviction
4to the Secretary of State.
5(Source: P.A. 100-961, eff. 1-1-19; 101-81, eff. 7-12-19;
6101-105, eff. 1-1-20.)
 
7    (730 ILCS 5/5-4.5-95)
8    Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
9    (a) HABITUAL CRIMINALS.
10        (1) Every person who has been twice convicted in any
11    state or federal court of an offense that contains the same
12    elements as an offense now (the date of the offense
13    committed after the 2 prior convictions) classified in
14    Illinois as a Class X felony, criminal sexual assault,
15    aggravated kidnapping, or first degree murder, and who is
16    thereafter convicted of a Class X felony, criminal sexual
17    assault, or first degree murder, committed after the 2
18    prior convictions, shall be adjudged an habitual criminal.
19        (2) The 2 prior convictions need not have been for the
20    same offense.
21        (3) Any convictions that result from or are connected
22    with the same transaction, or result from offenses
23    committed at the same time, shall be counted for the
24    purposes of this Section as one conviction.
25        (4) This Section does not apply unless each of the

 

 

10100SB1968ham001- 516 -LRB101 08002 RLC 74920 a

1    following requirements are satisfied:
2            (A) The third offense was committed after July 3,
3        1980.
4            (B) The third offense was committed within 20 years
5        of the date that judgment was entered on the first
6        conviction; provided, however, that time spent in
7        custody shall not be counted.
8            (C) The third offense was committed after
9        conviction on the second offense.
10            (D) The second offense was committed after
11        conviction on the first offense.
12            (E) The first offense was committed when the person
13        was 21 years of age or older.
14        (5) Anyone who, having attained the age of 18 at the
15    time of the third offense, is adjudged an habitual criminal
16    shall be sentenced to a term of natural life imprisonment.
17        (6) A prior conviction shall not be alleged in the
18    indictment, and no evidence or other disclosure of that
19    conviction shall be presented to the court or the jury
20    during the trial of an offense set forth in this Section
21    unless otherwise permitted by the issues properly raised in
22    that trial. After a plea or verdict or finding of guilty
23    and before sentence is imposed, the prosecutor may file
24    with the court a verified written statement signed by the
25    State's Attorney concerning any former conviction of an
26    offense set forth in this Section rendered against the

 

 

10100SB1968ham001- 517 -LRB101 08002 RLC 74920 a

1    defendant. The court shall then cause the defendant to be
2    brought before it; shall inform the defendant of the
3    allegations of the statement so filed, and of his or her
4    right to a hearing before the court on the issue of that
5    former conviction and of his or her right to counsel at
6    that hearing; and unless the defendant admits such
7    conviction, shall hear and determine the issue, and shall
8    make a written finding thereon. If a sentence has
9    previously been imposed, the court may vacate that sentence
10    and impose a new sentence in accordance with this Section.
11        (7) A duly authenticated copy of the record of any
12    alleged former conviction of an offense set forth in this
13    Section shall be prima facie evidence of that former
14    conviction; and a duly authenticated copy of the record of
15    the defendant's final release or discharge from probation
16    granted, or from sentence and parole supervision (if any)
17    imposed pursuant to that former conviction, shall be prima
18    facie evidence of that release or discharge.
19        (8) Any claim that a previous conviction offered by the
20    prosecution is not a former conviction of an offense set
21    forth in this Section because of the existence of any
22    exceptions described in this Section, is waived unless duly
23    raised at the hearing on that conviction, or unless the
24    prosecution's proof shows the existence of the exceptions
25    described in this Section.
26        (9) If the person so convicted shows to the

 

 

10100SB1968ham001- 518 -LRB101 08002 RLC 74920 a

1    satisfaction of the court before whom that conviction was
2    had that he or she was released from imprisonment, upon
3    either of the sentences upon a pardon granted for the
4    reason that he or she was innocent, that conviction and
5    sentence shall not be considered under this Section.
6    (b) When a defendant, over the age of 21 years, is
7convicted of a Class 1 or Class 2 forcible felony, except for
8an offense listed in subsection (c) of this Section, after
9having twice been convicted in any state or federal court of an
10offense that contains the same elements as an offense now (the
11date the Class 1 or Class 2 forcible felony was committed)
12classified in Illinois as a Class 2 or greater Class forcible
13felony, except for an offense listed in subsection (c) of this
14Section, and those charges are separately brought and tried and
15arise out of different series of acts, that defendant shall be
16sentenced as a Class X offender. This subsection does not apply
17unless:
18        (1) the first forcible felony was committed after
19    February 1, 1978 (the effective date of Public Act
20    80-1099);
21        (2) the second forcible felony was committed after
22    conviction on the first; and
23        (3) the third forcible felony was committed after
24    conviction on the second; and
25        (4) the first offense was committed when the person was
26    21 years of age or older.

 

 

10100SB1968ham001- 519 -LRB101 08002 RLC 74920 a

1    (c) (Blank). Subsection (b) of this Section does not apply
2to Class 1 or Class 2 felony convictions for a violation of
3Section 16-1 of the Criminal Code of 2012.
4    A person sentenced as a Class X offender under this
5subsection (b) is not eligible to apply for treatment as a
6condition of probation as provided by Section 40-10 of the
7Substance Use Disorder Act (20 ILCS 301/40-10).
8(Source: P.A. 99-69, eff. 1-1-16; 100-3, eff. 1-1-18; 100-759,
9eff. 1-1-19.)
 
10    (730 ILCS 5/5-4.5-100)
11    Sec. 5-4.5-100. CALCULATION OF TERM OF IMPRISONMENT.
12    (a) COMMENCEMENT. A sentence of imprisonment shall
13commence on the date on which the offender is received by the
14Department or the institution at which the sentence is to be
15served.
16    (b) CREDIT; TIME IN CUSTODY; SAME CHARGE. Except as set
17forth in subsection (e), the offender shall be given credit on
18the determinate sentence or maximum term and the minimum period
19of imprisonment for the number of days spent in custody as a
20result of the offense for which the sentence was imposed. The
21Department shall calculate the credit at the rate specified in
22Section 3-6-3 (730 ILCS 5/3-6-3). The Except when prohibited by
23subsection (d), the trial court shall give credit to the
24defendant for time spent in home detention on the same
25sentencing terms as incarceration as provided in Section 5-8A-3

 

 

10100SB1968ham001- 520 -LRB101 08002 RLC 74920 a

1(730 ILCS 5/5-8A-3). Home detention for purposes of credit
2includes restrictions on liberty such as curfews restricting
3movement for 12 hours or more per day and electronic monitoring
4that restricts travel or movement. Electronic monitoring is not
5required for home detention to be considered custodial for
6purposes of sentencing credit. The trial court may give credit
7to the defendant for the number of days spent confined for
8psychiatric or substance abuse treatment prior to judgment, if
9the court finds that the detention or confinement was
10custodial.
11    (c) CREDIT; TIME IN CUSTODY; FORMER CHARGE. An offender
12arrested on one charge and prosecuted on another charge for
13conduct that occurred prior to his or her arrest shall be given
14credit on the determinate sentence or maximum term and the
15minimum term of imprisonment for time spent in custody under
16the former charge not credited against another sentence.
17    (c-5) CREDIT; PROGRAMMING. The trial court shall give the
18defendant credit for successfully completing county
19programming while in custody prior to imposition of sentence at
20the rate specified in Section 3-6-3 (730 ILCS 5/3-6-3). For the
21purposes of this subsection, "custody" includes time spent in
22home detention.
23    (d) (Blank). NO CREDIT; SOME HOME DETENTION. An offender
24sentenced to a term of imprisonment for an offense listed in
25paragraph (2) of subsection (c) of Section 5-5-3 (730 ILCS
265/5-5-3) or in paragraph (3) of subsection (c-1) of Section

 

 

10100SB1968ham001- 521 -LRB101 08002 RLC 74920 a

111-501 of the Illinois Vehicle Code (625 ILCS 5/11-501) shall
2not receive credit for time spent in home detention prior to
3judgment.
4    (e) NO CREDIT; REVOCATION OF PAROLE, MANDATORY SUPERVISED
5RELEASE, OR PROBATION. An offender charged with the commission
6of an offense committed while on parole, mandatory supervised
7release, or probation shall not be given credit for time spent
8in custody under subsection (b) for that offense for any time
9spent in custody as a result of a revocation of parole,
10mandatory supervised release, or probation where such
11revocation is based on a sentence imposed for a previous
12conviction, regardless of the facts upon which the revocation
13of parole, mandatory supervised release, or probation is based,
14unless both the State and the defendant agree that the time
15served for a violation of mandatory supervised release, parole,
16or probation shall be credited towards the sentence for the
17current offense.
18(Source: P.A. 96-1000, eff. 7-2-10; 97-697, eff. 6-22-12.)
 
19    (730 ILCS 5/5-6-3.8 new)
20    Sec. 5-6-3.8. Eligibility for programs restricted by
21felony background. Any conviction entered prior to the
22effective date of this amendatory Act of the 101st General
23Assembly for:
24    (1) felony possession of a controlled substance, or
25possession with intent to manufacture or deliver a controlled

 

 

10100SB1968ham001- 522 -LRB101 08002 RLC 74920 a

1substance, in a total amount equal to or less than the amounts
2listed in subsection (a-5) of Section 402 of the Illinois
3Controlled Substances Act; or
4    (2) felony possession of methamphetamine, or possession
5with intent to deliver methamphetamine, in an amount less than
63 grams; or any adjudication of delinquency under the Juvenile
7Court Act of 1987 for acts that would have constituted those
8felonies if committed by an adult, shall be treated as a Class
9A misdemeanor for the purposes of evaluating a defendant's
10eligibility for programs of qualified probation, impact
11incarceration, or any other diversion, deflection, probation,
12or other program for which felony background or delinquency
13background is a factor in determining eligibility.".
 
14    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
15    Sec. 5-8-1. Natural life imprisonment; enhancements for
16use of a firearm; mandatory supervised release terms.
17    (a) Except as otherwise provided in the statute defining
18the offense or in Article 4.5 of Chapter V, a sentence of
19imprisonment for a felony shall be a determinate sentence set
20by the court under this Section, subject to Section 5-4.5-115
21of this Code, according to the following limitations:
22        (1) for first degree murder,
23            (a) (blank),
24            (b) if a trier of fact finds beyond a reasonable
25        doubt that the murder was accompanied by exceptionally

 

 

10100SB1968ham001- 523 -LRB101 08002 RLC 74920 a

1        brutal or heinous behavior indicative of wanton
2        cruelty or, except as set forth in subsection (a)(1)(c)
3        of this Section, that any of the aggravating factors
4        listed in subsection (b) or (b-5) of Section 9-1 of the
5        Criminal Code of 1961 or the Criminal Code of 2012 are
6        present, the court may sentence the defendant, subject
7        to Section 5-4.5-105, to a term of natural life
8        imprisonment, or
9            (c) the court shall sentence the defendant to a
10        term of natural life imprisonment if the defendant, at
11        the time of the commission of the murder, had attained
12        the age of 18, and
13                (i) has previously been convicted of first
14            degree murder under any state or federal law, or
15                (ii) is found guilty of murdering more than one
16            victim, or
17                (iii) is found guilty of murdering a peace
18            officer, fireman, or emergency management worker
19            when the peace officer, fireman, or emergency
20            management worker was killed in the course of
21            performing his official duties, or to prevent the
22            peace officer or fireman from performing his
23            official duties, or in retaliation for the peace
24            officer, fireman, or emergency management worker
25            from performing his official duties, and the
26            defendant knew or should have known that the

 

 

10100SB1968ham001- 524 -LRB101 08002 RLC 74920 a

1            murdered individual was a peace officer, fireman,
2            or emergency management worker, or
3                (iv) is found guilty of murdering an employee
4            of an institution or facility of the Department of
5            Corrections, or any similar local correctional
6            agency, when the employee was killed in the course
7            of performing his official duties, or to prevent
8            the employee from performing his official duties,
9            or in retaliation for the employee performing his
10            official duties, or
11                (v) is found guilty of murdering an emergency
12            medical technician - ambulance, emergency medical
13            technician - intermediate, emergency medical
14            technician - paramedic, ambulance driver or other
15            medical assistance or first aid person while
16            employed by a municipality or other governmental
17            unit when the person was killed in the course of
18            performing official duties or to prevent the
19            person from performing official duties or in
20            retaliation for performing official duties and the
21            defendant knew or should have known that the
22            murdered individual was an emergency medical
23            technician - ambulance, emergency medical
24            technician - intermediate, emergency medical
25            technician - paramedic, ambulance driver, or other
26            medical assistant or first aid personnel, or

 

 

10100SB1968ham001- 525 -LRB101 08002 RLC 74920 a

1                (vi) (blank), or
2                (vii) is found guilty of first degree murder
3            and the murder was committed by reason of any
4            person's activity as a community policing
5            volunteer or to prevent any person from engaging in
6            activity as a community policing volunteer. For
7            the purpose of this Section, "community policing
8            volunteer" has the meaning ascribed to it in
9            Section 2-3.5 of the Criminal Code of 2012.
10            For purposes of clause (v), "emergency medical
11        technician - ambulance", "emergency medical technician -
12         intermediate", "emergency medical technician -
13        paramedic", have the meanings ascribed to them in the
14        Emergency Medical Services (EMS) Systems Act.
15            (d)(i) if the person committed the offense while
16            armed with a firearm, 15 years shall be added to
17            the term of imprisonment imposed by the court;
18            (ii) if, during the commission of the offense, the
19        person personally discharged a firearm, 20 years shall
20        be added to the term of imprisonment imposed by the
21        court;
22            (iii) if, during the commission of the offense, the
23        person personally discharged a firearm that
24        proximately caused great bodily harm, permanent
25        disability, permanent disfigurement, or death to
26        another person, 25 years or up to a term of natural

 

 

10100SB1968ham001- 526 -LRB101 08002 RLC 74920 a

1        life shall be added to the term of imprisonment imposed
2        by the court.
3        (2) (blank);
4        (2.5) for a person who has attained the age of 18 years
5    at the time of the commission of the offense and who is
6    convicted under the circumstances described in subdivision
7    (b)(1)(B) of Section 11-1.20 or paragraph (3) of subsection
8    (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30
9    or paragraph (2) of subsection (d) of Section 12-14,
10    subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2)
11    of subsection (b) of Section 12-14.1, subdivision (b)(2) of
12    Section 11-1.40 or paragraph (2) of subsection (b) of
13    Section 12-14.1 of the Criminal Code of 1961 or the
14    Criminal Code of 2012, the sentence shall be a term of
15    natural life imprisonment.
16    (b) (Blank).
17    (c) (Blank).
18    (d) Subject to earlier termination under Section 3-3-8, the
19parole or mandatory supervised release term shall be written as
20part of the sentencing order and shall be as follows:
21        (1) for first degree murder or for the offenses of
22    predatory criminal sexual assault of a child, aggravated
23    criminal sexual assault, and criminal sexual assault if
24    committed on or before December 12, 2005 or a Class X
25    felony except for the offenses of predatory criminal sexual
26    assault of a child, aggravated criminal sexual assault, and

 

 

10100SB1968ham001- 527 -LRB101 08002 RLC 74920 a

1    criminal sexual assault if committed on or after the
2    effective date of this amendatory Act of the 94th General
3    Assembly and except for the offense of aggravated child
4    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
5    with sentencing under subsection (c-5) of Section 11-20.1
6    of the Criminal Code of 1961 or the Criminal Code of 2012,
7    if committed on or after January 1, 2009, 3 years;
8        (1.5) except as provided in paragraph (7) of this
9    subsection (d), for a Class X felony except for the
10    offenses of predatory criminal sexual assault of a child,
11    aggravated criminal sexual assault, and criminal sexual
12    assault if committed on or after December 13, 2005 (the
13    effective date of Public Act 94-715) and except for the
14    offense of aggravated child pornography under Section
15    11-20.1B.,11-20.3, or 11-20.1 with sentencing under
16    subsection (c-5) of Section 11-20.1 of the Criminal Code of
17    1961 or the Criminal Code of 2012, if committed on or after
18    January 1, 2009, 18 months;
19        (2) except as provided in paragraph (7) of this
20    subsection (d), for a Class 1 felony or a Class 2 felony
21    except for the offense of criminal sexual assault if
22    committed on or after December 13, 2005 (the effective date
23    of Public Act 94-715) this amendatory Act of the 94th
24    General Assembly and except for the offenses of manufacture
25    and dissemination of child pornography under clauses
26    (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code

 

 

10100SB1968ham001- 528 -LRB101 08002 RLC 74920 a

1    of 1961 or the Criminal Code of 2012, if committed on or
2    after January 1, 2009, 12 months 2 years;
3        (3) except as provided in paragraph (4), (6), or (7) of
4    this subsection (d), a mandatory supervised release term
5    shall not be imposed for a Class 3 felony or a Class 4
6    felony; unless:
7            (A) the Prisoner Review Board, based on a validated
8        risk and needs assessment, determines it is necessary
9        for an offender to serve a mandatory supervised release
10        term;
11            (B) if the Prisoner Review Board determines a
12        mandatory supervised release term is necessary
13        pursuant to subparagraph (A) of this paragraph (3), the
14        Prisoner Review Board shall specify the maximum number
15        of months of mandatory supervised release the offender
16        may serve, limited to a term of: (i) 12 months for a
17        Class 3 felony; and (ii) 12 months for a Class 4 felony
18        for a Class 3 felony or a Class 4 felony, 1 year;
19        (4) for defendants who commit the offense of predatory
20    criminal sexual assault of a child, aggravated criminal
21    sexual assault, or criminal sexual assault, on or after the
22    effective date of this amendatory Act of the 94th General
23    Assembly, or who commit the offense of aggravated child
24    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
25    with sentencing under subsection (c-5) of Section 11-20.1
26    of the Criminal Code of 1961 or the Criminal Code of 2012,

 

 

10100SB1968ham001- 529 -LRB101 08002 RLC 74920 a

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 3-6-3
17    of the Unified Code of Corrections requiring an inmate to
18    serve a minimum of 85% of their court-imposed sentence,
19    except for the offenses of predatory criminal sexual
20    assault of a child, aggravated criminal sexual assault, and
21    criminal sexual assault if committed on or after December
22    13, 2005 (the effective date of Public Act 94-715) and
23    except for 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 the
26    Criminal Code of 1961 or the Criminal Code of 2012, if

 

 

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1    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(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;
11101-288, eff. 1-1-20.)
 
12    (730 ILCS 5/5-8-6)  (from Ch. 38, par. 1005-8-6)
13    Sec. 5-8-6. Place of confinement.
14    (a) Except as otherwise provided in this subsection (a),
15offenders Offenders sentenced to a term of imprisonment for a
16felony shall be committed to the penitentiary system of the
17Department of Corrections. However, such sentence shall not
18limit the powers of the Department of Children and Family
19Services in relation to any child under the age of one year in
20the sole custody of a person so sentenced, nor in relation to
21any child delivered by a female so sentenced while she is so
22confined as a consequence of such sentence. Except as otherwise
23provided in this subsection (a), a A person sentenced for a
24felony may be assigned by the Department of Corrections to any
25of its institutions, facilities or programs. An offender

 

 

10100SB1968ham001- 531 -LRB101 08002 RLC 74920 a

1sentenced to a term of imprisonment for a Class 3 or 4 felony,
2other than a violent crime as defined in Section 3 of the
3Rights of Crime Victims and Witnesses Act, in which the
4sentencing order indicates that the offender has less than 4
5months remaining on his or her sentence accounting for time
6served may not be confined in the penitentiary system of the
7Department of Corrections but may be assigned to electronic
8home detention under Article 8A of this Chapter V, an adult
9transition center, or another facility or program within the
10Department of Corrections.
11    (b) Offenders sentenced to a term of imprisonment for less
12than one year shall be committed to the custody of the sheriff.
13A person committed to the Department of Corrections, prior to
14July 14, 1983, for less than one year may be assigned by the
15Department to any of its institutions, facilities or programs.
16    (c) All offenders under 18 years of age when sentenced to
17imprisonment shall be committed to the Department of Juvenile
18Justice and the court in its order of commitment shall set a
19definite term. The provisions of Section 3-3-3 shall be a part
20of such commitment as fully as though written in the order of
21commitment. The place of confinement for sentences imposed
22before the effective date of this amendatory Act of the 99th
23General Assembly are not affected or abated by this amendatory
24Act of the 99th General Assembly.
25    (d) No defendant shall be committed to the Department of
26Corrections for the recovery of a fine or costs.

 

 

10100SB1968ham001- 532 -LRB101 08002 RLC 74920 a

1    (e) When a court sentences a defendant to a term of
2imprisonment concurrent with a previous and unexpired sentence
3of imprisonment imposed by any district court of the United
4States, it may commit the offender to the custody of the
5Attorney General of the United States. The Attorney General of
6the United States, or the authorized representative of the
7Attorney General of the United States, shall be furnished with
8the warrant of commitment from the court imposing sentence,
9which warrant of commitment shall provide that, when the
10offender is released from federal confinement, whether by
11parole or by termination of sentence, the offender shall be
12transferred by the Sheriff of the committing county to the
13Department of Corrections. The court shall cause the Department
14to be notified of such sentence at the time of commitment and
15to be provided with copies of all records regarding the
16sentence.
17(Source: P.A. 99-628, eff. 1-1-17.)
 
18    (730 ILCS 5/5-8A-2)  (from Ch. 38, par. 1005-8A-2)
19    Sec. 5-8A-2. Definitions. As used in this Article:
20    (A) "Approved electronic monitoring device" means a device
21approved by the supervising authority which is primarily
22intended to record or transmit information as to the
23defendant's presence or nonpresence in the home, consumption of
24alcohol, consumption of drugs, location as determined through
25GPS, cellular triangulation, Wi-Fi, or other electronic means.

 

 

10100SB1968ham001- 533 -LRB101 08002 RLC 74920 a

1    An approved electronic monitoring device may record or
2transmit: oral or wire communications or an auditory sound;
3visual images; or information regarding the offender's
4activities while inside the offender's home. These devices are
5subject to the required consent as set forth in Section 5-8A-5
6of this Article.
7    An approved electronic monitoring device may be used to
8record a conversation between the participant and the
9monitoring device, or the participant and the person
10supervising the participant solely for the purpose of
11identification and not for the purpose of eavesdropping or
12conducting any other illegally intrusive monitoring.
13    (A-10) "Department" means the Department of Corrections or
14the Department of Juvenile Justice.
15    (A-20) "Electronic monitoring" means the monitoring of an
16inmate, person, or offender with an electronic device both
17within and outside of their home under the terms and conditions
18established by the supervising authority.
19    (B) "Excluded offenses" means first degree murder, escape,
20predatory criminal sexual assault of a child, aggravated
21criminal sexual assault, criminal sexual assault, aggravated
22battery with a firearm as described in Section 12-4.2 or
23subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section
2412-3.05, bringing or possessing a firearm, ammunition or
25explosive in a penal institution, any "Super-X" drug offense or
26calculated criminal drug conspiracy or streetgang criminal

 

 

10100SB1968ham001- 534 -LRB101 08002 RLC 74920 a

1drug conspiracy, or any predecessor or successor offenses with
2the same or substantially the same elements, or any inchoate
3offenses relating to the foregoing offenses.
4    (B-10) "GPS" means a device or system which utilizes the
5Global Positioning Satellite system for determining the
6location of a person, inmate or offender.
7    (C) "Home detention" means the confinement of a person
8convicted or charged with an offense to his or her place of
9residence under the terms and conditions established by the
10supervising authority. Confinement need not be 24 hours per day
11to qualify as home detention, and significant restrictions on
12liberty such as 7pm to 7am curfews shall qualify. Home
13confinement may or may not be accompanied by electronic
14monitoring, and electronic monitoring is not required for
15purposes of sentencing credit.
16    (D) "Participant" means an inmate or offender placed into
17an electronic monitoring program.
18    (E) "Supervising authority" means the Department of
19Corrections, the Department of Juvenile Justice, probation
20department, a Chief Judge's office, pretrial services division
21or department, sheriff, superintendent of municipal house of
22corrections or any other officer or agency charged with
23authorizing and supervising electronic monitoring and home
24detention.
25    (F) "Super-X drug offense" means a violation of Section
26401(a)(1)(B), (C), or (D); Section 401(a)(2)(B), (C), or (D);

 

 

10100SB1968ham001- 535 -LRB101 08002 RLC 74920 a

1Section 401(a)(3)(B), (C), or (D); or Section 401(a)(7)(B),
2(C), or (D) of the Illinois Controlled Substances Act.
3    (G) "Wi-Fi" or "WiFi" means a device or system which
4utilizes a wireless local area network for determining the
5location of a person, inmate or offender.
6(Source: P.A. 99-797, eff. 8-12-16.)
 
7    (730 ILCS 5/5-8A-4)  (from Ch. 38, par. 1005-8A-4)
8    Sec. 5-8A-4. Program description. The supervising
9authority may promulgate rules that prescribe reasonable
10guidelines under which an electronic monitoring and home
11detention program shall operate. When using electronic
12monitoring for home detention these rules may shall include but
13not be limited to the following:
14        (A) The participant may be instructed to shall remain
15    within the interior premises or within the property
16    boundaries of his or her residence at all times during the
17    hours designated by the supervising authority. Such
18    instances of approved absences from the home shall may
19    include but are not limited to the following:
20            (1) working or employment approved by the court or
21        traveling to or from approved employment;
22            (2) unemployed and seeking employment approved for
23        the participant by the court;
24            (3) undergoing medical, psychiatric, mental health
25        treatment, counseling, or other treatment programs

 

 

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1        approved for the participant by the court;
2            (4) attending an educational institution or a
3        program approved for the participant by the court;
4            (5) attending a regularly scheduled religious
5        service at a place of worship;
6            (6) participating in community work release or
7        community service programs approved for the
8        participant by the supervising authority; or
9            (7) for another compelling reason consistent with
10        the public interest, as approved by the supervising
11        authority.
12            (8) purchasing groceries, food, or other basic
13        necessities.
14        (A-1) At a minimum, any person ordered to pretrial home
15    confinement with or without electronic monitoring must be
16    provided with open movement spread out over no fewer than
17    two days per week, to participate in basic activities such
18    as those listed in paragraph (A).
19        (B) The participant shall admit any person or agent
20    designated by the supervising authority into his or her
21    residence at any time for purposes of verifying the
22    participant's compliance with the conditions of his or her
23    detention.
24        (C) The participant shall make the necessary
25    arrangements to allow for any person or agent designated by
26    the supervising authority to visit the participant's place

 

 

10100SB1968ham001- 537 -LRB101 08002 RLC 74920 a

1    of education or employment at any time, based upon the
2    approval of the educational institution employer or both,
3    for the purpose of verifying the participant's compliance
4    with the conditions of his or her detention.
5        (D) The participant shall acknowledge and participate
6    with the approved electronic monitoring device as
7    designated by the supervising authority at any time for the
8    purpose of verifying the participant's compliance with the
9    conditions of his or her detention.
10        (E) The participant shall maintain the following:
11            (1) access to a working telephone in the
12        participant's home;
13            (2) a monitoring device in the participant's home,
14        or on the participant's person, or both; and
15            (3) a monitoring device in the participant's home
16        and on the participant's person in the absence of a
17        telephone.
18        (F) The participant shall obtain approval from the
19    supervising authority before the participant changes
20    residence or the schedule described in subsection (A) of
21    this Section. Such approval shall not be unreasonably
22    withheld.
23        (G) The participant shall not commit another crime
24    during the period of home detention ordered by the Court.
25        (H) Notice to the participant that violation of the
26    order for home detention may subject the participant to

 

 

10100SB1968ham001- 538 -LRB101 08002 RLC 74920 a

1    prosecution for the crime of escape as described in Section
2    5-8A-4.1.
3        (I) The participant shall abide by other conditions as
4    set by the supervising authority.
5(Source: P.A. 99-797, eff. 8-12-16.)
 
6    (730 ILCS 5/5-8A-4.1)
7    Sec. 5-8A-4.1. Escape; failure to comply with a condition
8of the electronic monitoring or home detention program.
9    (a) A person charged with or convicted of a felony, or
10charged with or adjudicated delinquent for an act which, if
11committed by an adult, would constitute a felony, conditionally
12released from the supervising authority through an electronic
13monitoring or home detention program, who knowingly violates a
14condition of the electronic monitoring or home detention
15program and remains in violation for at least 48 hours is
16guilty of a Class 3 felony.
17    (b) A person charged with or convicted of a misdemeanor, or
18charged with or adjudicated delinquent for an act which, if
19committed by an adult, would constitute a misdemeanor,
20conditionally released from the supervising authority through
21an electronic monitoring or home detention program, who
22knowingly violates a condition of the electronic monitoring or
23home detention program and remains in violation for at least 48
24hours is guilty of a Class B misdemeanor.
25    (c) A person who violates this Section while armed with a

 

 

10100SB1968ham001- 539 -LRB101 08002 RLC 74920 a

1dangerous weapon is guilty of a Class 1 felony.
2(Source: P.A. 99-797, eff. 8-12-16; 100-431, eff. 8-25-17.)
 
3    Section 10-285. The Probation and Probation Officers Act is
4amended by changing Section 18 as follows:
 
5    (730 ILCS 110/18)
6    Sec. 18. Probation and court services departments
7considered pretrial services agencies. For the purposes of
8administering the provisions of Public Act 95-773, known as the
9Cindy Bischof Law, all probation and court services departments
10are to be considered pretrial services agencies under the
11Pretrial Services Act and under the pretrial release bail bond
12provisions of the Code of Criminal Procedure of 1963.
13(Source: P.A. 96-341, eff. 8-11-09.)
 
14    Section 10-290. The County Jail Act is amended by changing
15Section 5 as follows:
 
16    (730 ILCS 125/5)  (from Ch. 75, par. 105)
17    Sec. 5. Costs of maintaining prisoners.
18    (a) Except as provided in subsections (b) and (c), all
19costs of maintaining persons committed for violations of
20Illinois law, shall be the responsibility of the county. Except
21as provided in subsection (b), all costs of maintaining persons
22committed under any ordinance or resolution of a unit of local

 

 

10100SB1968ham001- 540 -LRB101 08002 RLC 74920 a

1government, including medical costs, is the responsibility of
2the unit of local government enacting the ordinance or
3resolution, and arresting the person.
4    (b) If a person who is serving a term of mandatory
5supervised release for a felony is incarcerated in a county
6jail, the Illinois Department of Corrections shall pay the
7county in which that jail is located one-half of the cost of
8incarceration, as calculated by the Governor's Office of
9Management and Budget and the county's chief financial officer,
10for each day that the person remains in the county jail after
11notice of the incarceration is given to the Illinois Department
12of Corrections by the county, provided that (i) the Illinois
13Department of Corrections has issued a warrant for an alleged
14violation of mandatory supervised release by the person; (ii)
15if the person is incarcerated on a new charge, unrelated to the
16offense for which he or she is on mandatory supervised release,
17there has been a court hearing at which the conditions of
18pretrial release have bail has been set on the new charge;
19(iii) the county has notified the Illinois Department of
20Corrections that the person is incarcerated in the county jail,
21which notice shall not be given until the bail hearing has
22concluded, if the person is incarcerated on a new charge; and
23(iv) the person remains incarcerated in the county jail for
24more than 48 hours after the notice has been given to the
25Department of Corrections by the county. Calculation of the per
26diem cost shall be agreed upon prior to the passage of the

 

 

10100SB1968ham001- 541 -LRB101 08002 RLC 74920 a

1annual State budget.
2    (c) If a person who is serving a term of mandatory
3supervised release is incarcerated in a county jail, following
4an arrest on a warrant issued by the Illinois Department of
5Corrections, solely for violation of a condition of mandatory
6supervised release and not on any new charges for a new
7offense, then the Illinois Department of Corrections shall pay
8the medical costs incurred by the county in securing treatment
9for that person, for any injury or condition other than one
10arising out of or in conjunction with the arrest of the person
11or resulting from the conduct of county personnel, while he or
12she remains in the county jail on the warrant issued by the
13Illinois Department of Corrections.
14(Source: P.A. 94-678, eff. 1-1-06; 94-1094, eff. 1-26-07.)
 
15    Section 10-295. The County Jail Good Behavior Allowance Act
16is amended by changing Section 3 as follows:
 
17    (730 ILCS 130/3)  (from Ch. 75, par. 32)
18    Sec. 3. The good behavior of any person who commences a
19sentence of confinement in a county jail for a fixed term of
20imprisonment after January 1, 1987 shall entitle such person to
21a good behavior allowance, except that: (1) a person who
22inflicted physical harm upon another person in committing the
23offense for which he is confined shall receive no good behavior
24allowance; and (2) a person sentenced for an offense for which

 

 

10100SB1968ham001- 542 -LRB101 08002 RLC 74920 a

1the law provides a mandatory minimum sentence shall not receive
2any portion of a good behavior allowance that would reduce the
3sentence below the mandatory minimum; and (3) a person
4sentenced to a county impact incarceration program; and (4) a
5person who is convicted of criminal sexual assault under
6subdivision (a)(3) of Section 11-1.20 or paragraph (a)(3) of
7Section 12-13 of the Criminal Code of 1961 or the Criminal Code
8of 2012, criminal sexual abuse, or aggravated criminal sexual
9abuse shall receive no good behavior allowance. The good
10behavior allowance provided for in this Section shall not apply
11to individuals sentenced for a felony to probation or
12conditional discharge where a condition of such probation or
13conditional discharge is that the individual serve a sentence
14of periodic imprisonment or to individuals sentenced under an
15order of court for civil contempt.
16    Such good behavior allowance shall be cumulative and
17awarded as provided in this Section.
18    The good behavior allowance rate shall be cumulative and
19awarded on the following basis:
20    The prisoner shall receive one day of good behavior
21allowance for each day of service of sentence in the county
22jail, and one day of good behavior allowance for each day of
23incarceration in the county jail before sentencing for the
24offense that he or she is currently serving sentence but was
25unable to comply with the conditions of pretrial release post
26bail before sentencing, except that a prisoner serving a

 

 

10100SB1968ham001- 543 -LRB101 08002 RLC 74920 a

1sentence of periodic imprisonment under Section 5-7-1 of the
2Unified Code of Corrections shall only be eligible to receive
3good behavior allowance if authorized by the sentencing judge.
4Each day of good behavior allowance shall reduce by one day the
5prisoner's period of incarceration set by the court. For the
6purpose of calculating a prisoner's good behavior allowance, a
7fractional part of a day shall not be calculated as a day of
8service of sentence in the county jail unless the fractional
9part of the day is over 12 hours in which case a whole day shall
10be credited on the good behavior allowance.
11    If consecutive sentences are served and the time served
12amounts to a total of one year or more, the good behavior
13allowance shall be calculated on a continuous basis throughout
14the entire time served beginning on the first date of sentence
15or incarceration, as the case may be.
16(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
17    Section 10-296. The Veterans and Servicemembers Court
18Treatment Act is amended by changing Section 20 as follows:
 
19    (730 ILCS 167/20)
20    Sec. 20. Eligibility. Veterans and Servicemembers are
21eligible for Veterans and Servicemembers Courts, provided the
22following:
23    (a) A defendant, who is eligible for probation based on the
24nature of the crime convicted of and in consideration of his or

 

 

10100SB1968ham001- 544 -LRB101 08002 RLC 74920 a

1her criminal background, if any, may be admitted into a
2Veterans and Servicemembers Court program before adjudication
3only upon the agreement of the defendant and with the approval
4of the Court. A defendant may be admitted into a Veterans and
5Servicemembers Court program post-adjudication only with the
6approval of the court.
7    (b) A defendant shall be excluded from Veterans and
8Servicemembers Court program if any of one of the following
9applies:
10        (1) The crime is a crime of violence as set forth in
11    clause (3) of this subsection (b).
12        (2) The defendant does not demonstrate a willingness to
13    participate in a treatment program.
14        (3) The defendant has been convicted of a crime of
15    violence within the past 10 years excluding incarceration
16    time, including first degree murder, second degree murder,
17    predatory criminal sexual assault of a child, aggravated
18    criminal sexual assault, criminal sexual assault, armed
19    robbery, aggravated arson, arson, aggravated kidnapping
20    and kidnapping, aggravated battery resulting in great
21    bodily harm or permanent disability, stalking, aggravated
22    stalking, or any offense involving the discharge of a
23    firearm.
24        (4) (Blank).
25        (5) (Blank). The crime for which the defendant has been
26    convicted is non-probationable.

 

 

10100SB1968ham001- 545 -LRB101 08002 RLC 74920 a

1        (6) The sentence imposed on the defendant, whether the
2    result of a plea or a finding of guilt, renders the
3    defendant ineligible for probation.
4(Source: P.A. 99-480, eff. 9-9-15; 100-426, eff. 1-1-18.)
 
5    Section 10-297. The Mental Health Court Treatment Act is
6amended by changing Section 20 as follows:
 
7    (730 ILCS 168/20)
8    Sec. 20. Eligibility.
9    (a) A defendant, who is eligible for probation based on the
10nature of the crime convicted of and in consideration of his or
11her criminal background, if any, may be admitted into a mental
12health court program only upon the agreement of the defendant
13and with the approval of the court.
14    (b) A defendant shall be excluded from a mental health
15court program if any one of the following applies:
16        (1) The crime is a crime of violence as set forth in
17    clause (3) of this subsection (b).
18        (2) The defendant does not demonstrate a willingness to
19    participate in a treatment program.
20        (3) The defendant has been convicted of a crime of
21    violence within the past 10 years excluding incarceration
22    time. As used in this paragraph (3), "crime of violence"
23    means: first degree murder, second degree murder,
24    predatory criminal sexual assault of a child, aggravated

 

 

10100SB1968ham001- 546 -LRB101 08002 RLC 74920 a

1    criminal sexual assault, criminal sexual assault, armed
2    robbery, aggravated arson, arson, aggravated kidnapping,
3    kidnapping, aggravated battery resulting in great bodily
4    harm or permanent disability, stalking, aggravated
5    stalking, or any offense involving the discharge of a
6    firearm.
7        (4) (Blank).
8        (5) (Blank). The crime for which the defendant has been
9    convicted is non-probationable.
10        (6) The sentence imposed on the defendant, whether the
11    result of a plea or a finding of guilt, renders the
12    defendant ineligible for probation.
13    (c) A defendant charged with prostitution under Section
1411-14 of the Criminal Code of 2012 may be admitted into a
15mental health court program, if available in the jurisdiction
16and provided that the requirements in subsections (a) and (b)
17are satisfied. Mental health court programs may include
18specialized service programs specifically designed to address
19the trauma associated with prostitution and human trafficking,
20and may offer those specialized services to defendants admitted
21to the mental health court program. Judicial circuits
22establishing these specialized programs shall partner with
23prostitution and human trafficking advocates, survivors, and
24service providers in the development of the programs.
25(Source: P.A. 100-426, eff. 1-1-18.)
 

 

 

10100SB1968ham001- 547 -LRB101 08002 RLC 74920 a

1    Section 10-300. The Code of Civil Procedure is amended by
2changing Sections 10-106, 10-125, 10-127, 10-135, 10-136, and
321-103 as follows:
 
4    (735 ILCS 5/10-106)  (from Ch. 110, par. 10-106)
5    Sec. 10-106. Grant of relief - Penalty. Unless it shall
6appear from the complaint itself, or from the documents thereto
7annexed, that the party can neither be discharged, admitted to
8pretrial release bail nor otherwise relieved, the court shall
9forthwith award relief by habeas corpus. Any judge empowered to
10grant relief by habeas corpus who shall corruptly refuse to
11grant the relief when legally applied for in a case where it
12may lawfully be granted, or who shall for the purpose of
13oppression unreasonably delay the granting of such relief
14shall, for every such offense, forfeit to the prisoner or party
15affected a sum not exceeding $1,000.
16(Source: P.A. 83-707.)
 
17    (735 ILCS 5/10-125)  (from Ch. 110, par. 10-125)
18    Sec. 10-125. New commitment. In all cases where the
19imprisonment is for a criminal, or supposed criminal matter, if
20it appears to the court that there is sufficient legal cause
21for the commitment of the prisoner, although such commitment
22may have been informally made, or without due authority, or the
23process may have been executed by a person not duly authorized,
24the court shall make a new commitment in proper form, and

 

 

10100SB1968ham001- 548 -LRB101 08002 RLC 74920 a

1direct it to the proper officer, or admit the party to pretrial
2release bail if the case is eligible for pretrial release
3bailable. The court shall also, when necessary, take the
4recognizance of all material witnesses against the prisoner, as
5in other cases. The recognizances shall be in the form provided
6by law, and returned as other recognizances. If any judge shall
7neglect or refuse to bind any such prisoner or witness by
8recognizance, or to return a recognizance when taken as
9hereinabove stated, he or she shall be guilty of a Class A
10misdemeanor in office, and be proceeded against accordingly.
11(Source: P.A. 82-280.)
 
12    (735 ILCS 5/10-127)  (from Ch. 110, par. 10-127)
13    Sec. 10-127. Grant of habeas corpus. It is not lawful for
14any court, on a second order of habeas corpus obtained by such
15prisoner, to discharge the prisoner, if he or she is clearly
16and specifically charged in the warrant of commitment with a
17criminal offense; but the court shall, on the return of such
18second order, have power only to admit such prisoner to
19pretrial release bail where the offense is eligible for
20pretrial release bailable by law, or remand him or her to
21prison where the offense is not eligible for pretrial release
22bailable, or being eligible for pretrial release bailable,
23where such prisoner fails to comply with the terms of pretrial
24release give the bail required.
25(Source: P.A. 82-280.)
 

 

 

10100SB1968ham001- 549 -LRB101 08002 RLC 74920 a

1    (735 ILCS 5/10-135)  (from Ch. 110, par. 10-135)
2    Sec. 10-135. Habeas corpus to testify. The several courts
3having authority to grant relief by habeas corpus, may enter
4orders, when necessary, to bring before them any prisoner to
5testify, or to be surrendered in discharge of pretrial release
6bail, or for trial upon any criminal charge lawfully pending in
7the same court or to testify in a criminal proceeding in
8another state as provided for by Section 2 of the "Uniform Act
9to secure the attendance of witnesses from within or without a
10state in criminal proceedings", approved July 23, 1959, as
11heretofore or hereafter amended; and the order may be directed
12to any county in the State, and there be served and returned by
13any officer to whom it is directed.
14(Source: P.A. 82-280.)
 
15    (735 ILCS 5/10-136)  (from Ch. 110, par. 10-136)
16    Sec. 10-136. Prisoner remanded or punished. After a
17prisoner has given his or her testimony, or been surrendered,
18or his or her pretrial release bail discharged, or he or she
19has been tried for the crime with which he or she is charged,
20he or she shall be returned to the jail or other place of
21confinement from which he or she was taken for that purpose. If
22such prisoner is convicted of a crime punishable with death or
23imprisonment in the penitentiary, he or she may be punished
24accordingly; but in any case where the prisoner has been taken

 

 

10100SB1968ham001- 550 -LRB101 08002 RLC 74920 a

1from the penitentiary, and his or her punishment is by
2imprisonment, the time of such imprisonment shall not commence
3to run until the expiration of the time of service under any
4former sentence.
5(Source: P.A. 82-280.)
 
6    (735 ILCS 5/21-103)  (from Ch. 110, par. 21-103)
7    Sec. 21-103. Notice by publication.
8    (a) Previous notice shall be given of the intended
9application by publishing a notice thereof in some newspaper
10published in the municipality in which the person resides if
11the municipality is in a county with a population under
122,000,000, or if the person does not reside in a municipality
13in a county with a population under 2,000,000, or if no
14newspaper is published in the municipality or if the person
15resides in a county with a population of 2,000,000 or more,
16then in some newspaper published in the county where the person
17resides, or if no newspaper is published in that county, then
18in some convenient newspaper published in this State. The
19notice shall be inserted for 3 consecutive weeks after filing,
20the first insertion to be at least 6 weeks before the return
21day upon which the petition is to be heard, and shall be signed
22by the petitioner or, in case of a minor, the minor's parent or
23guardian, and shall set forth the return day of court on which
24the petition is to be heard and the name sought to be assumed.
25    (b) The publication requirement of subsection (a) shall not

 

 

10100SB1968ham001- 551 -LRB101 08002 RLC 74920 a

1be required in any application for a change of name involving a
2minor if, before making judgment under this Article, reasonable
3notice and opportunity to be heard is given to any parent whose
4parental rights have not been previously terminated and to any
5person who has physical custody of the child. If any of these
6persons are outside this State, notice and opportunity to be
7heard shall be given under Section 21-104.
8    (b-3) The publication requirement of subsection (a) shall
9not be required in any application for a change of name
10involving a person who has received a judgment for dissolution
11of marriage or declaration of invalidity of marriage and wishes
12to change his or her name to resume the use of his or her former
13or maiden name.
14    (b-5) Upon motion, the court may issue an order directing
15that the notice and publication requirement be waived for a
16change of name involving a person who files with the court a
17written declaration that the person believes that publishing
18notice of the name change would put the person at risk of
19physical harm or discrimination. The person must provide
20evidence to support the claim that publishing notice of the
21name change would put the person at risk of physical harm or
22discrimination.
23    (c) The Director of State Police or his or her designee may
24apply to the circuit court for an order directing that the
25notice and publication requirements of this Section be waived
26if the Director or his or her designee certifies that the name

 

 

10100SB1968ham001- 552 -LRB101 08002 RLC 74920 a

1change being sought is intended to protect a witness during and
2following a criminal investigation or proceeding.
3    (c-1) The court may enter a written order waiving the
4publication requirement of subsection (a) if:
5        (i) the petitioner is 18 years of age or older; and
6        (ii) concurrent with the petition, the petitioner
7    files with the court a statement, verified under oath as
8    provided under Section 1-109 of this Code, attesting that
9    the petitioner is or has been a person protected under the
10    Illinois Domestic Violence Act of 1986, the Stalking No
11    Contact Order Act, the Civil No Contact Order Act, Article
12    112A of the Code of Criminal Procedure of 1963, a condition
13    of pretrial release bail under subsections (b) through (d)
14    of Section 110-10 of the Code of Criminal Procedure of
15    1963, or a similar provision of a law in another state or
16    jurisdiction.
17    The petitioner may attach to the statement any supporting
18documents, including relevant court orders.
19    (c-2) If the petitioner files a statement attesting that
20disclosure of the petitioner's address would put the petitioner
21or any member of the petitioner's family or household at risk
22or reveal the confidential address of a shelter for domestic
23violence victims, that address may be omitted from all
24documents filed with the court, and the petitioner may
25designate an alternative address for service.
26    (c-3) Court administrators may allow domestic abuse

 

 

10100SB1968ham001- 553 -LRB101 08002 RLC 74920 a

1advocates, rape crisis advocates, and victim advocates to
2assist petitioners in the preparation of name changes under
3subsection (c-1).
4    (c-4) If the publication requirements of subsection (a)
5have been waived, the circuit court shall enter an order
6impounding the case.
7    (d) The maximum rate charged for publication of a notice
8under this Section may not exceed the lowest classified rate
9paid by commercial users for comparable space in the newspaper
10in which the notice appears and shall include all cash
11discounts, multiple insertion discounts, and similar benefits
12extended to the newspaper's regular customers.
13(Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A.
14100-565 for the effective date of P.A. 100-520); 100-788, eff.
151-1-19; 100-966, eff. 1-1-19; 101-81, eff. 7-12-19; 101-203,
16eff. 1-1-20.)
 
17    Section 10-305. The Civil No Contact Order Act is amended
18by changing Section 220 as follows:
 
19    (740 ILCS 22/220)
20    Sec. 220. Enforcement of a civil no contact order.
21    (a) Nothing in this Act shall preclude any Illinois court
22from enforcing a valid protective order issued in another
23state.
24    (b) Illinois courts may enforce civil no contact orders

 

 

10100SB1968ham001- 554 -LRB101 08002 RLC 74920 a

1through both criminal proceedings and civil contempt
2proceedings, unless the action which is second in time is
3barred by collateral estoppel or the constitutional
4prohibition against double jeopardy.
5    (b-1) The court shall not hold a school district or private
6or non-public school or any of its employees in civil or
7criminal contempt unless the school district or private or
8non-public school has been allowed to intervene.
9    (b-2) The court may hold the parents, guardian, or legal
10custodian of a minor respondent in civil or criminal contempt
11for a violation of any provision of any order entered under
12this Act for conduct of the minor respondent in violation of
13this Act if the parents, guardian, or legal custodian directed,
14encouraged, or assisted the respondent minor in such conduct.
15    (c) Criminal prosecution. A violation of any civil no
16contact order, whether issued in a civil or criminal
17proceeding, shall be enforced by a criminal court when the
18respondent commits the crime of violation of a civil no contact
19order pursuant to Section 219 by having knowingly violated:
20        (1) remedies described in Section 213 and included in a
21    civil no contact order; or
22        (2) a provision of an order, which is substantially
23    similar to provisions of Section 213, in a valid civil no
24    contact order which is authorized under the laws of another
25    state, tribe, or United States territory.
26    Prosecution for a violation of a civil no contact order

 

 

10100SB1968ham001- 555 -LRB101 08002 RLC 74920 a

1shall not bar a concurrent prosecution for any other crime,
2including any crime that may have been committed at the time of
3the violation of the civil no contact order.
4    (d) Contempt of court. A violation of any valid Illinois
5civil no contact order, whether issued in a civil or criminal
6proceeding, may be enforced through civil or criminal contempt
7procedures, as appropriate, by any court with jurisdiction,
8regardless of where the act or acts which violated the civil no
9contact order were committed, to the extent consistent with the
10venue provisions of this Act.
11        (1) In a contempt proceeding where the petition for a
12    rule to show cause or petition for adjudication of criminal
13    contempt sets forth facts evidencing an immediate danger
14    that the respondent will flee the jurisdiction or inflict
15    physical abuse on the petitioner or minor children or on
16    dependent adults in the petitioner's care, the court may
17    order the attachment of the respondent without prior
18    service of the petition for a rule to show cause, the rule
19    to show cause, the petition for adjudication of criminal
20    contempt or the adjudication of criminal contempt.
21    Conditions of release Bond shall be set unless specifically
22    denied in writing.
23        (2) A petition for a rule to show cause or a petition
24    for adjudication of criminal contempt for violation of a
25    civil no contact order shall be treated as an expedited
26    proceeding.

 

 

10100SB1968ham001- 556 -LRB101 08002 RLC 74920 a

1    (e) Actual knowledge. A civil no contact order may be
2enforced pursuant to this Section if the respondent violates
3the order after the respondent has actual knowledge of its
4contents as shown through one of the following means:
5        (1) by service, delivery, or notice under Section 208;
6        (2) by notice under Section 218;
7        (3) by service of a civil no contact order under
8    Section 218; or
9        (4) by other means demonstrating actual knowledge of
10    the contents of the order.
11    (f) The enforcement of a civil no contact order in civil or
12criminal court shall not be affected by either of the
13following:
14        (1) the existence of a separate, correlative order,
15    entered under Section 202; or
16        (2) any finding or order entered in a conjoined
17    criminal proceeding.
18    (g) Circumstances. The court, when determining whether or
19not a violation of a civil no contact order has occurred, shall
20not require physical manifestations of abuse on the person of
21the victim.
22    (h) Penalties.
23        (1) Except as provided in paragraph (3) of this
24    subsection, where the court finds the commission of a crime
25    or contempt of court under subsection (a) or (b) of this
26    Section, the penalty shall be the penalty that generally

 

 

10100SB1968ham001- 557 -LRB101 08002 RLC 74920 a

1    applies in such criminal or contempt proceedings, and may
2    include one or more of the following: incarceration,
3    payment of restitution, a fine, payment of attorneys' fees
4    and costs, or community service.
5        (2) The court shall hear and take into account evidence
6    of any factors in aggravation or mitigation before deciding
7    an appropriate penalty under paragraph (1) of this
8    subsection.
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 civil no contact order over any penalty
13        previously imposed by any court for respondent's
14        violation of any civil no contact order or penal
15        statute involving petitioner as victim and respondent
16        as defendant;
17            (ii) impose a minimum penalty of 24 hours
18        imprisonment for respondent's first violation of any
19        civil no contact order; and
20            (iii) impose a minimum penalty of 48 hours
21        imprisonment for respondent's second or subsequent
22        violation of a civil no contact order unless the court
23        explicitly finds that an increased penalty or that
24        period of imprisonment would be manifestly unjust.
25        (4) In addition to any other penalties imposed for a
26    violation of a civil no contact order, a criminal court may

 

 

10100SB1968ham001- 558 -LRB101 08002 RLC 74920 a

1    consider evidence of any previous violations of a civil no
2    contact order:
3            (i) to increase, revoke or modify the conditions of
4        pretrial release bail bond on an underlying criminal
5        charge pursuant to Section 110-6 of the Code of
6        Criminal Procedure of 1963;
7            (ii) to revoke or modify an order of probation,
8        conditional discharge or supervision, pursuant to
9        Section 5-6-4 of the Unified Code of Corrections; or
10            (iii) to revoke or modify a sentence of periodic
11        imprisonment, pursuant to Section 5-7-2 of the Unified
12        Code of Corrections.
13(Source: P.A. 96-311, eff. 1-1-10; 97-294, eff. 1-1-12.)
 
14    Section 10-307. The Crime Victims Compensation Act is
15amended by changing Sections 2, 2.5, 4.1, 6.1, and 7.1 as
16follows:
 
17    (740 ILCS 45/2)  (from Ch. 70, par. 72)
18    Sec. 2. Definitions. As used in this Act, unless the
19context otherwise requires:
20    (a) "Applicant" means any person who applies for
21compensation under this Act or any person the Court of Claims
22or the Attorney General finds is entitled to compensation,
23including the guardian of a minor or of a person under legal
24disability. It includes any person who was a dependent of a

 

 

10100SB1968ham001- 559 -LRB101 08002 RLC 74920 a

1deceased victim of a crime of violence for his or her support
2at the time of the death of that victim.
3    The changes made to this subsection by this amendatory Act
4of the 101st General Assembly apply to actions commenced or
5pending on or after January 1, 2021.
6    (b) "Court of Claims" means the Court of Claims created by
7the Court of Claims Act.
8    (c) "Crime of violence" means and includes any offense
9defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
1010-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
1111-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,
1212-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4, 12-4.1,
1312-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14,
1412-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1, or
15Section 12-3.05 except for subdivision (a)(4) or (g)(1), or
16subdivision (a)(4) of Section 11-14.4, of the Criminal Code of
171961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of
18the Cemetery Protection Act, Section 125 of the Stalking No
19Contact Order Act, Section 219 of the Civil No Contact Order
20Act, driving under the influence as defined in Section 11-501
21of the Illinois Vehicle Code, a violation of Section 11-401 of
22the Illinois Vehicle Code, provided the victim was a pedestrian
23or was operating a vehicle moved solely by human power or a
24mobility device at the time of contact, and a violation of
25Section 11-204.1 of the Illinois Vehicle Code; so long as the
26offense did not occur during a civil riot, insurrection or

 

 

10100SB1968ham001- 560 -LRB101 08002 RLC 74920 a

1rebellion. "Crime of violence" does not include any other
2offense or accident involving a motor vehicle except those
3vehicle offenses specifically provided for in this paragraph.
4"Crime of violence" does include all of the offenses
5specifically provided for in this paragraph that occur within
6this State but are subject to federal jurisdiction and crimes
7involving terrorism as defined in 18 U.S.C. 2331.
8    (d) "Victim" means (1) a person killed or injured in this
9State as a result of a crime of violence perpetrated or
10attempted against him or her, (2) the spouse, or parent, or
11child of a person killed or injured in this State as a result
12of a crime of violence perpetrated or attempted against the
13person, or anyone living in the household of a person killed or
14injured in a relationship that is substantially similar to that
15of a parent, spouse, or child, (3) a person killed or injured
16in this State while attempting to assist a person against whom
17a crime of violence is being perpetrated or attempted, if that
18attempt of assistance would be expected of a reasonable person
19under the circumstances, (4) a person killed or injured in this
20State while assisting a law enforcement official apprehend a
21person who has perpetrated a crime of violence or prevent the
22perpetration of any such crime if that assistance was in
23response to the express request of the law enforcement
24official, (5) a person who personally witnessed a violent
25crime, (5.05) a person who will be called as a witness by the
26prosecution to establish a necessary nexus between the offender

 

 

10100SB1968ham001- 561 -LRB101 08002 RLC 74920 a

1and the violent crime, (5.1) solely for the purpose of
2compensating for pecuniary loss incurred for psychological
3treatment of a mental or emotional condition caused or
4aggravated by the crime, any other person under the age of 18
5who is the brother, sister, half brother, or half sister,
6child, or stepchild of a person killed or injured in this State
7as a result of a crime of violence, (6) an Illinois resident
8who is a victim of a "crime of violence" as defined in this Act
9except, if the crime occurred outside this State, the resident
10has the same rights under this Act as if the crime had occurred
11in this State upon a showing that the state, territory,
12country, or political subdivision of a country in which the
13crime occurred does not have a compensation of victims of
14crimes law for which that Illinois resident is eligible, (7) a
15deceased person whose body is dismembered or whose remains are
16desecrated as the result of a crime of violence, or (8) solely
17for the purpose of compensating for pecuniary loss incurred for
18psychological treatment of a mental or emotional condition
19caused or aggravated by the crime, any parent, spouse, or child
20under the age of 18 of a deceased person whose body is
21dismembered or whose remains are desecrated as the result of a
22crime of violence.
23    (e) "Dependent" means a relative of a deceased victim who
24was wholly or partially dependent upon the victim's income at
25the time of his or her death and shall include the child of a
26victim born after his or her death.

 

 

10100SB1968ham001- 562 -LRB101 08002 RLC 74920 a

1    (f) "Relative" means a spouse, parent, grandparent,
2stepfather, stepmother, child, grandchild, brother,
3brother-in-law, sister, sister-in-law, half brother, half
4sister, spouse's parent, nephew, niece, uncle, or aunt, or
5anyone living in the household of a person killed or injured in
6a relationship that is substantially similar to that of a
7parent, spouse, or child.
8    (g) "Child" means a an unmarried son or daughter who is
9under 18 years of age and includes a stepchild, an adopted
10child or a child born out of wedlock.
11    (h) "Pecuniary loss" means, in the case of injury,
12appropriate medical expenses and hospital expenses including
13expenses of medical examinations, rehabilitation, medically
14required nursing care expenses, appropriate psychiatric care
15or psychiatric counseling expenses, appropriate expenses for
16care or counseling by a licensed clinical psychologist,
17licensed clinical social worker, licensed professional
18counselor, or licensed clinical professional counselor and
19expenses for treatment by Christian Science practitioners and
20nursing care appropriate thereto; transportation expenses to
21and from medical and counseling treatment facilities;
22prosthetic appliances, eyeglasses, and hearing aids necessary
23or damaged as a result of the crime; costs associated with
24trafficking tattoo removal by a person authorized or licensed
25to perform the specific removal procedure; replacement costs
26for clothing and bedding used as evidence; costs associated

 

 

10100SB1968ham001- 563 -LRB101 08002 RLC 74920 a

1with temporary lodging or relocation necessary as a result of
2the crime, including, but not limited to, the first month's
3rent and security deposit of the dwelling that the claimant
4relocated to and other reasonable relocation expenses incurred
5as a result of the violent crime; locks or windows necessary or
6damaged as a result of the crime; the purchase, lease, or
7rental of equipment necessary to create usability of and
8accessibility to the victim's real and personal property, or
9the real and personal property which is used by the victim,
10necessary as a result of the crime; the costs of appropriate
11crime scene clean-up; replacement services loss, to a maximum
12of $1,250 per month; dependents replacement services loss, to a
13maximum of $1,250 per month; loss of tuition paid to attend
14grammar school or high school when the victim had been enrolled
15as a student prior to the injury, or college or graduate school
16when the victim had been enrolled as a day or night student
17prior to the injury when the victim becomes unable to continue
18attendance at school as a result of the crime of violence
19perpetrated against him or her; loss of earnings, loss of
20future earnings because of disability resulting from the
21injury, and, in addition, in the case of death, expenses for
22funeral, burial, and travel and transport for survivors of
23homicide victims to secure bodies of deceased victims and to
24transport bodies for burial all of which may be awarded up to
25not exceed a maximum of $10,000 $7,500 and loss of support of
26the dependents of the victim; in the case of dismemberment or

 

 

10100SB1968ham001- 564 -LRB101 08002 RLC 74920 a

1desecration of a body, expenses for funeral and burial, all of
2which may be awarded up to not exceed a maximum of $10,000
3$7,500. Loss of future earnings shall be reduced by any income
4from substitute work actually performed by the victim or by
5income he or she would have earned in available appropriate
6substitute work he or she was capable of performing but
7unreasonably failed to undertake. Loss of earnings, loss of
8future earnings and loss of support shall be determined on the
9basis of the victim's average net monthly earnings for the 6
10months immediately preceding the date of the injury or on
11$2,400 $1,250 per month, whichever is less or, in cases where
12the absences commenced more than 3 years from the date of the
13crime, on the basis of the net monthly earnings for the 6
14months immediately preceding the date of the first absence, not
15to exceed $2,400 $1,250 per month. If a divorced or legally
16separated applicant is claiming loss of support for a minor
17child of the deceased, the amount of support for each child
18shall be based either on the amount of support pursuant to the
19judgment prior to the date of the deceased victim's injury or
20death, or, if the subject of pending litigation filed by or on
21behalf of the divorced or legally separated applicant prior to
22the injury or death, on the result of that litigation. Real and
23personal property includes, but is not limited to, vehicles,
24houses, apartments, town houses, or condominiums. Pecuniary
25loss does not include pain and suffering or property loss or
26damage.

 

 

10100SB1968ham001- 565 -LRB101 08002 RLC 74920 a

1    The changes made to this subsection by this amendatory Act
2of the 101st General Assembly apply to actions commenced or
3pending on or after January 1, 2021.
4    (i) "Replacement services loss" means expenses reasonably
5incurred in obtaining ordinary and necessary services in lieu
6of those the injured person would have performed, not for
7income, but for the benefit of himself or herself or his or her
8family, if he or she had not been injured.
9    (j) "Dependents replacement services loss" means loss
10reasonably incurred by dependents or private legal guardians of
11minor dependents after a victim's death in obtaining ordinary
12and necessary services in lieu of those the victim would have
13performed, not for income, but for their benefit, if he or she
14had not been fatally injured.
15    (k) "Survivor" means immediate family including a parent,
16stepfather, stepmother, child, brother, sister, or spouse.
17    (l) "Parent" means a natural parent, adopted parent,
18stepparent, or permanent legal guardian of another person.
19    (m) "Trafficking tattoo" is a tattoo which is applied to a
20victim in connection with the commission of a violation of
21Section 10-9 of the Criminal Code of 2012.
22(Source: P.A. 100-690, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
23    (740 ILCS 45/2.5)
24    Sec. 2.5. Felon as victim. A victim's criminal history or
25felony status shall not automatically prevent compensation to

 

 

10100SB1968ham001- 566 -LRB101 08002 RLC 74920 a

1that victim or the victim's family. However, no compensation
2may be granted to a victim or applicant under this Act while
3the applicant or victim is held in a correctional institution.
4Notwithstanding paragraph (d) of Section 2, "victim" does not
5include a person who is convicted of a felony until that person
6is discharged from probation or is released from a correctional
7institution and has been discharged from parole or mandatory
8supervised release, if any. For purposes of this Section, the
9death of a felon who is serving a term of parole, probation, or
10mandatory supervised release shall be considered a discharge
11from that sentence. No compensation may be granted to an
12applicant under this Act during a period of time that the
13applicant is held in a correctional institution.
14    A victim who has been convicted of a felony may apply for
15assistance under this Act at any time but no award of
16compensation may be considered until the applicant meets the
17requirements of this Section.
18    The changes made to this Section by this amendatory Act of
19the 96th General Assembly apply to actions commenced or pending
20on or after the effective date of this amendatory Act of the
2196th General Assembly.
22(Source: P.A. 96-267, eff. 8-11-09.)
 
23    (740 ILCS 45/4.1)  (from Ch. 70, par. 74.1)
24    Sec. 4.1. In addition to other powers and duties set forth
25in this Act and other powers exercised by the Attorney General,

 

 

10100SB1968ham001- 567 -LRB101 08002 RLC 74920 a

1the Attorney General shall:
2        (1) investigate all claims and prepare and present an
3    investigatory report and a draft award determination a
4    report of each applicant's claim to the Court of Claims for
5    a review period of 28 business days; prior to the issuance
6    of an order by the Court of Claims,
7        (2) upon conclusion of the review by the Court of
8    Claims, provide the applicant with a compensation
9    determination letter;
10        (3) prescribe and furnish all applications and other
11    forms required to be filed in the office of the Attorney
12    General by the terms of this Act; , and
13        (4) represent the interests of the State of Illinois in
14    any hearing before the Court of Claims.
15    The changes made to this Section by this amendatory Act of
16the 101st General Assembly apply to actions commenced or
17pending on or after January 1, 2021.
18(Source: P.A. 97-817, eff. 1-1-13.)
 
19    (740 ILCS 45/6.1)  (from Ch. 70, par. 76.1)
20    Sec. 6.1. Right to compensation. A person is entitled to
21compensation under this Act if:
22        (a) Within 5 2 years of the occurrence of the crime, or
23    within one year after a criminal charge of a person for an
24    offense, upon which the claim is based, the applicant
25    presents he files an application, under oath, to the

 

 

10100SB1968ham001- 568 -LRB101 08002 RLC 74920 a

1    Attorney General that is filed with the Court of Claims and
2    on a form prescribed in accordance with Section 7.1
3    furnished by the Attorney General. If the person entitled
4    to compensation is under 18 years of age or under other
5    legal disability at the time of the occurrence or is
6    determined by a court to be under a legal disability as a
7    result of the occurrence, he or she may present file the
8    application required by this subsection within 3 2 years
9    after he or she attains the age of 18 years or the
10    disability is removed, as the case may be. Legal disability
11    includes a diagnosis of posttraumatic stress disorder.
12        (a-1) The Attorney General and the Court of Claims may
13    accept an application presented after the period provided
14    in subsection (a) if the Attorney General determines that
15    the applicant had good cause for a delay.
16        (b) For all crimes of violence, except those listed in
17    subsection (b-1) of this Section, the appropriate law
18    enforcement officials were notified within 72 hours of the
19    perpetration of the crime allegedly causing the death or
20    injury to the victim or, in the event such notification was
21    made more than 72 hours after the perpetration of the
22    crime, the applicant establishes that such notice was
23    timely under the circumstances.
24        (b-1) For victims of offenses defined in Sections 10-9,
25    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
26    12-14.1, 12-15, and 12-16 of the Criminal Code of 1961 or

 

 

10100SB1968ham001- 569 -LRB101 08002 RLC 74920 a

1    the Criminal Code of 2012, the appropriate law enforcement
2    officials were notified within 7 days of the perpetration
3    of the crime allegedly causing death or injury to the
4    victim or, in the event that the notification was made more
5    than 7 days after the perpetration of the crime, the
6    applicant establishes that the notice was timely under the
7    circumstances. If the applicant or victim has obtained an
8    order of protection, a civil no contact order, or a
9    stalking no contact order, has presented himself or herself
10    to a hospital for medical care or sexual assault evidence
11    collection and medical care, or is engaged in a legal
12    proceeding involving a claim that the applicant or victim
13    is a victim of human trafficking, such action shall
14    constitute appropriate notification under this subsection
15    (b-1) or subsection (b) of this Section.
16        (c) The applicant has cooperated with law enforcement
17    officials in the apprehension and prosecution of the
18    assailant. If the applicant or victim has obtained an order
19    of protection, a civil no contact order, or a stalking no
20    contact order, has presented himself or herself to a
21    hospital for medical care or sexual assault evidence
22    collection and medical care, or is engaged in a legal
23    proceeding involving a claim that the applicant or victim
24    is a victim of human trafficking, such action shall
25    constitute cooperation under this subsection (c). If the
26    victim is under 18 years of age at the time of the

 

 

10100SB1968ham001- 570 -LRB101 08002 RLC 74920 a

1    commission of the offense, the following shall constitute
2    cooperation under this subsection (c):
3            (1) the applicant or the victim files a police
4        report with a law enforcement agency;
5            (2) a mandated reporter reports the crime to law
6        enforcement; or
7            (3) a person with firsthand knowledge of the crime
8        reports the crime to law enforcement.
9        (d) The applicant is not the offender or an accomplice
10    of the offender and the award would not unjustly benefit
11    the offender or his accomplice.
12        (e) (Blank). The injury to or death of the victim was
13    not substantially attributable to his own wrongful act and
14    was not substantially provoked by the victim.
15        (f) For victims of offenses defined in Section 10-9 of
16    the Criminal Code of 2012, the victim submits a statement
17    under oath on a form prescribed by the Attorney General
18    attesting that the removed tattoo was applied in connection
19    with the commission of the offense.
20        (g) In determining whether cooperation has been
21    reasonable, the Attorney General and Court of Claims may
22    consider the victim's age, physical condition,
23    psychological state, cultural or linguistic barriers, and
24    compelling health and safety concerns, including, but not
25    limited to, a reasonable fear of retaliation or harm that
26    would jeopardize the well-being of the victim or the

 

 

10100SB1968ham001- 571 -LRB101 08002 RLC 74920 a

1    victim's family, and giving due consideration to the degree
2    of cooperation that the victim or derivative victim is
3    capable of in light of the presence of any of these
4    factors, or any other factor the Attorney General considers
5    relevant.
6    The changes made to this Section by this amendatory Act of
7the 101st General Assembly apply to actions commenced or
8pending on or after January 1, 2021.
9(Source: P.A. 99-143, eff. 7-27-15; 100-575, eff. 1-8-18;
10100-1037, eff. 1-1-19.)
 
11    (740 ILCS 45/7.1)  (from Ch. 70, par. 77.1)
12    Sec. 7.1. (a) The application shall set out:
13        (1) the name and address of the victim;
14        (2) if the victim is deceased, the name and address of
15    the applicant and his or her relationship to the victim,
16    the names and addresses of other persons dependent on the
17    victim for their support and the extent to which each is so
18    dependent, and other persons who may be entitled to
19    compensation for a pecuniary loss;
20        (3) the date and nature of the crime on which the
21    application for compensation is based;
22        (4) the date and place where and the law enforcement
23    officials to whom notification of the crime was given;
24        (5) the nature and extent of the injuries sustained by
25    the victim, and the names and addresses of those giving

 

 

10100SB1968ham001- 572 -LRB101 08002 RLC 74920 a

1    medical and hospitalization treatment to the victim;
2        (6) the pecuniary loss to the applicant and to such
3    other persons as are specified under item (2) resulting
4    from the injury or death;
5        (7) the amount of benefits, payments, or awards, if
6    any, payable under:
7            (a) the Workers' Compensation Act,
8            (b) the Dram Shop Act,
9            (c) any claim, demand, or cause of action based
10        upon the crime-related injury or death,
11            (d) the Federal Medicare program,
12            (e) the State Public Aid program,
13            (f) Social Security Administration burial
14        benefits,
15            (g) Veterans administration burial benefits,
16            (h) life, health, accident or liability insurance,
17            (i) the Criminal Victims' Escrow Account Act,
18            (j) the Sexual Assault Survivors Emergency
19        Treatment Act,
20            (k) restitution, or
21            (l) any other source;
22        (8) releases authorizing the surrender to the Court of
23    Claims or Attorney General of reports, documents and other
24    information relating to the matters specified under this
25    Act and rules promulgated in accordance with the Act;
26        (9) such other information as the Court of Claims or

 

 

10100SB1968ham001- 573 -LRB101 08002 RLC 74920 a

1    the Attorney General reasonably requires.
2    (b) The Attorney General may require that materials
3substantiating the facts stated in the application be submitted
4with that application.
5    (c) An applicant, on his or her own motion, may file an
6amended application or additional substantiating materials to
7correct inadvertent errors or omissions at any time before the
8original application has been disposed of by the Court of
9Claims or the Attorney General. In either case, the filing of
10additional information or of an amended application shall be
11considered for the purpose of this Act to have been filed at
12the same time as the original application.
13    For claims submitted on or after January 1, 2021, an
14amended application or additional substantiating materials to
15correct inadvertent errors or omissions may be filed at any
16time before the original application is disposed of by the
17Attorney General or the Court of Claims.
18    (d) Determinations submitted by the Attorney General to the
19Court of Claims shall be available to the Court of Claims for
20review. The Attorney General shall provide the sources and
21evidence relied upon as a basis for a compensation
22determination.
23    (e) The changes made to this Section by this amendatory Act
24of the 101st General Assembly apply to actions commenced or
25pending on or after January 1, 2021.
26(Source: P.A. 97-817, eff. 1-1-13; 98-463, eff. 8-16-13.)
 

 

 

10100SB1968ham001- 574 -LRB101 08002 RLC 74920 a

1    Section 10-310. The Illinois Domestic Violence Act of 1986
2is 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
6protection, whether issued in a civil or criminal proceeding,
7shall be enforced by a criminal court when:
8        (1) The respondent commits the crime of violation of an
9    order of protection pursuant to Section 12-3.4 or 12-30 of
10    the Criminal Code of 1961 or the Criminal Code of 2012, by
11    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

 

 

10100SB1968ham001- 575 -LRB101 08002 RLC 74920 a

1    shall not bar concurrent prosecution for any other crime,
2    including any crime that may have been committed at the
3    time of the violation of the order of protection; or
4        (2) The respondent commits the crime of child abduction
5    pursuant to Section 10-5 of the Criminal Code of 1961 or
6    the Criminal Code of 2012, by having knowingly 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 the
13        laws of another state, tribe, or United States
14        territory.
15    (b) When violation is contempt of court. A violation of any
16valid Illinois order of protection, whether issued in a civil
17or criminal proceeding, may be enforced through civil or
18criminal contempt procedures, as appropriate, by any court with
19jurisdiction, regardless where the act or acts which violated
20the order of protection were committed, to the extent
21consistent with the venue provisions of this Act. Nothing in
22this Act shall preclude any Illinois court from enforcing any
23valid order of protection issued in another state. Illinois
24courts may enforce orders of protection through both criminal
25prosecution and contempt proceedings, unless the action which
26is second in time is barred by collateral estoppel or the

 

 

10100SB1968ham001- 576 -LRB101 08002 RLC 74920 a

1constitutional 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 immediate
4    danger that the respondent will flee the jurisdiction,
5    conceal a child, or inflict physical abuse on the
6    petitioner or minor children or on dependent adults in
7    petitioner's care, the court may order the attachment of
8    the respondent without prior service of the rule to show
9    cause or the petition for a rule to show cause. Conditions
10    of release Bond shall be set unless specifically denied in
11    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 private
16or non-public school or any of its employees in civil or
17criminal contempt unless the school district or private or
18non-public school has been allowed to intervene.
19    (b-2) The court may hold the parents, guardian, or legal
20custodian of a minor respondent in civil or criminal contempt
21for a violation of any provision of any order entered under
22this Act for conduct of the minor respondent in violation of
23this Act if the parents, guardian, or legal custodian directed,
24encouraged, or assisted the respondent minor in such conduct.
25    (c) Violation of custody or support orders or temporary or
26final judgments allocating parental responsibilities. A

 

 

10100SB1968ham001- 577 -LRB101 08002 RLC 74920 a

1violation of remedies described in paragraphs (5), (6), (8), or
2(9) of subsection (b) of Section 214 of this Act may be
3enforced by any remedy provided by Section 607.5 of the
4Illinois Marriage and Dissolution of Marriage Act. The court
5may enforce any order for support issued under paragraph (12)
6of subsection (b) of Section 214 in the manner provided for
7under Parts V and VII of the Illinois Marriage and Dissolution
8of Marriage Act.
9    (d) Actual knowledge. An order of protection may be
10enforced pursuant to this Section if the respondent violates
11the order after the respondent has actual knowledge of its
12contents as shown through one of the following means:
13        (1) By service, delivery, or notice under Section 210.
14        (2) By notice under Section 210.1 or 211.
15        (3) By service of an order of protection under Section
16    222.
17        (4) By other means demonstrating actual knowledge of
18    the contents of the order.
19    (e) The enforcement of an order of protection in civil or
20criminal court shall not be affected by either of the
21following:
22        (1) The existence of a separate, correlative order,
23    entered under Section 215.
24        (2) Any finding or order entered in a conjoined
25    criminal proceeding.
26    (f) Circumstances. The court, when determining whether or

 

 

10100SB1968ham001- 578 -LRB101 08002 RLC 74920 a

1not a violation of an order of protection has occurred, shall
2not require physical manifestations of abuse on the person of
3the victim.
4    (g) Penalties.
5        (1) Except as provided in paragraph (3) of this
6    subsection, where the court finds the commission of a crime
7    or contempt of court under subsections (a) or (b) of this
8    Section, the penalty shall be the penalty that generally
9    applies in such criminal or contempt proceedings, and may
10    include one or more of the following: incarceration,
11    payment of restitution, a fine, payment of attorneys' fees
12    and costs, or community service.
13        (2) The court shall hear and take into account evidence
14    of any factors in aggravation or mitigation before deciding
15    an appropriate penalty under paragraph (1) of this
16    subsection.
17        (3) To the extent permitted by law, the court is
18    encouraged to:
19            (i) increase the penalty for the knowing violation
20        of any order of protection over any penalty previously
21        imposed by any court for respondent's violation of any
22        order of protection or penal statute involving
23        petitioner as victim and respondent as defendant;
24            (ii) impose a minimum penalty of 24 hours
25        imprisonment for respondent's first violation of any
26        order of protection; and

 

 

10100SB1968ham001- 579 -LRB101 08002 RLC 74920 a

1            (iii) impose a minimum penalty of 48 hours
2        imprisonment for respondent's second or subsequent
3        violation of an order of protection
4    unless the court explicitly finds that an increased penalty
5    or that period of imprisonment would be manifestly unjust.
6        (4) In addition to any other penalties imposed for a
7    violation of an order of protection, a criminal court may
8    consider evidence of any violations of an order of
9    protection:
10            (i) to increase, revoke or modify the conditions of
11        pretrial release bail bond on an underlying criminal
12        charge pursuant to Section 110-6 of the Code of
13        Criminal Procedure of 1963;
14            (ii) to revoke or modify an order of probation,
15        conditional discharge or supervision, pursuant to
16        Section 5-6-4 of the Unified Code of Corrections;
17            (iii) to revoke or modify a sentence of periodic
18        imprisonment, pursuant to Section 5-7-2 of the Unified
19        Code of Corrections.
20        (5) In addition to any other penalties, the court shall
21    impose an additional fine of $20 as authorized by Section
22    5-9-1.11 of the Unified Code of Corrections upon any person
23    convicted of or placed on supervision for a violation of an
24    order of protection. The additional fine shall be imposed
25    for each violation of this Section.
26(Source: P.A. 99-90, eff. 1-1-16.)
 

 

 

10100SB1968ham001- 580 -LRB101 08002 RLC 74920 a

1    (750 ILCS 60/301)  (from Ch. 40, par. 2313-1)
2    Sec. 301. Arrest without warrant.
3    (a) Any law enforcement officer may make an arrest without
4warrant if the officer has probable cause to believe that the
5person has committed or is committing any crime, including but
6not limited to violation of an order of protection, under
7Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the
8Criminal Code of 2012, even if the crime was not committed in
9the presence of the officer.
10    (b) The law enforcement officer may verify the existence of
11an order of protection by telephone or radio communication with
12his or her law enforcement agency or by referring to the copy
13of the order provided by the petitioner or respondent.
14    (c) Any law enforcement officer may make an arrest without
15warrant if the officer has reasonable grounds to believe a
16defendant at liberty under the provisions of subdivision (d)(1)
17or (d)(2) of Section 110-10 of the Code of Criminal Procedure
18of 1963 has violated a condition of his or her pretrial release
19bail bond or recognizance.
20(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
21    Section 10-315. The Industrial and Linen Supplies Marking
22Law is amended by changing Section 11 as follows:
 
23    (765 ILCS 1045/11)  (from Ch. 140, par. 111)

 

 

10100SB1968ham001- 581 -LRB101 08002 RLC 74920 a

1    Sec. 11. Search warrant.
2    Whenever the registrant, or officer, or authorized agent of
3any firm, partnership or corporation which is a registrant
4under this Act, takes an oath before any circuit court, that he
5has reason to believe that any supplies are being unlawfully
6used, sold, or secreted in any place, the court shall issue a
7search warrant to any police officer authorizing such officer
8to search the premises wherein it is alleged such articles may
9be found and take into custody any person in whose possession
10the articles are found. Any person so seized shall be taken
11without unnecessary delay before the court issuing the search
12warrant. The court is empowered to impose conditions of
13pretrial release bail on any such person to compel his
14attendance at any continued hearing.
15(Source: P.A. 77-1273.)
 
16    Section 10-320. The Illinois Torture Inquiry and Relief
17Commission Act is amended by changing Section 50 as follows:
 
18    (775 ILCS 40/50)
19    Sec. 50. Post-commission judicial review.
20    (a) If the Commission concludes there is sufficient
21evidence of torture to merit judicial review, the Chair of the
22Commission shall request the Chief Judge of the Circuit Court
23of Cook County for assignment to a trial judge for
24consideration. The court may receive proof by affidavits,

 

 

10100SB1968ham001- 582 -LRB101 08002 RLC 74920 a

1depositions, oral testimony, or other evidence. In its
2discretion the court may order the petitioner brought before
3the court for the hearing. Notwithstanding the status of any
4other postconviction proceedings relating to the petitioner,
5if the court finds in favor of the petitioner, it shall enter
6an appropriate order with respect to the judgment or sentence
7in the former proceedings and such supplementary orders as to
8rearraignment, retrial, custody, pretrial release bail or
9discharge, or for such relief as may be granted under a
10petition for a certificate of innocence, as may be necessary
11and proper.
12    (b) The State's Attorney, or the State's Attorney's
13designee, shall represent the State at the hearing before the
14assigned judge.
15(Source: P.A. 96-223, eff. 8-10-09.)
 
16    Section 10-325. The Unemployment Insurance Act is amended
17by changing Section 602 as follows:
 
18    (820 ILCS 405/602)  (from Ch. 48, par. 432)
19    Sec. 602. Discharge for misconduct - Felony.
20    A. An individual shall be ineligible for benefits for the
21week in which he has been discharged for misconduct connected
22with his work and, thereafter, until he has become reemployed
23and has had earnings equal to or in excess of his current
24weekly benefit amount in each of four calendar weeks which are

 

 

10100SB1968ham001- 583 -LRB101 08002 RLC 74920 a

1either for services in employment, or have been or will be
2reported pursuant to the provisions of the Federal Insurance
3Contributions Act by each employing unit for which such
4services are performed and which submits a statement certifying
5to that fact. The requalification requirements of the preceding
6sentence shall be deemed to have been satisfied, as of the date
7of reinstatement, if, subsequent to his discharge by an
8employing unit for misconduct connected with his work, such
9individual is reinstated by such employing unit. For purposes
10of this subsection, the term "misconduct" means the deliberate
11and willful violation of a reasonable rule or policy of the
12employing unit, governing the individual's behavior in
13performance of his work, provided such violation has harmed the
14employing unit or other employees or has been repeated by the
15individual despite a warning or other explicit instruction from
16the employing unit. The previous definition notwithstanding,
17"misconduct" shall include any of the following work-related
18circumstances:
19        1. Falsification of an employment application, or any
20    other documentation provided to the employer, to obtain
21    employment through subterfuge.
22        2. Failure to maintain licenses, registrations, and
23    certifications reasonably required by the employer, or
24    those that the individual is required to possess by law, to
25    perform his or her regular job duties, unless the failure
26    is not within the control of the individual.

 

 

10100SB1968ham001- 584 -LRB101 08002 RLC 74920 a

1        3. Knowing, repeated violation of the attendance
2    policies of the employer that are in compliance with State
3    and federal law following a written warning for an
4    attendance violation, unless the individual can
5    demonstrate that he or she has made a reasonable effort to
6    remedy the reason or reasons for the violations or that the
7    reason or reasons for the violations were out of the
8    individual's control. Attendance policies of the employer
9    shall be reasonable and provided to the individual in
10    writing, electronically, or via posting in the workplace.
11        4. Damaging the employer's property through conduct
12    that is grossly negligent.
13        5. Refusal to obey an employer's reasonable and lawful
14    instruction, unless the refusal is due to the lack of
15    ability, skills, or training for the individual required to
16    obey the instruction or the instruction would result in an
17    unsafe act.
18        6. Consuming alcohol or illegal or non-prescribed
19    prescription drugs, or using an impairing substance in an
20    off-label manner, on the employer's premises during
21    working hours in violation of the employer's policies.
22        7. Reporting to work under the influence of alcohol,
23    illegal or non-prescribed prescription drugs, or an
24    impairing substance used in an off-label manner in
25    violation of the employer's policies, unless the
26    individual is compelled to report to work by the employer

 

 

10100SB1968ham001- 585 -LRB101 08002 RLC 74920 a

1    outside of scheduled and on-call working hours and informs
2    the employer that he or she is under the influence of
3    alcohol, illegal or non-prescribed prescription drugs, or
4    an impairing substance used in an off-label manner in
5    violation of the employer's policies.
6        8. Grossly negligent conduct endangering the safety of
7    the individual or co-workers.
8    For purposes of paragraphs 4 and 8, conduct is "grossly
9negligent" when the individual is, or reasonably should be,
10aware of a substantial risk that the conduct will result in the
11harm sought to be prevented and the conduct constitutes a
12substantial deviation from the standard of care a reasonable
13person would exercise in the situation.
14    Nothing in paragraph 6 or 7 prohibits the lawful use of
15over-the-counter drug products as defined in Section 206 of the
16Illinois Controlled Substances Act, provided that the
17medication does not affect the safe performance of the
18employee's work duties.
19    B. Notwithstanding any other provision of this Act, no
20benefit rights shall accrue to any individual based upon wages
21from any employer for service rendered prior to the day upon
22which such individual was discharged because of the commission
23of a felony in connection with his work, or because of theft in
24connection with his work, for which the employer was in no way
25responsible; provided, that the employer notified the Director
26of such possible ineligibility within the time limits specified

 

 

10100SB1968ham001- 586 -LRB101 08002 RLC 74920 a

1by regulations of the Director, and that the individual has
2admitted his commission of the felony or theft to a
3representative of the Director, or has signed a written
4admission of such act and such written admission has been
5presented to a representative of the Director, or such act has
6resulted in a conviction or order of supervision by a court of
7competent jurisdiction; and provided further, that if by reason
8of such act, he is in legal custody, held on pretrial release
9bail or is a fugitive from justice, the determination of his
10benefit rights shall be held in abeyance pending the result of
11any legal proceedings arising therefrom.
12(Source: P.A. 99-488, eff. 1-3-16.)
 
13
Article 15.
14
Pregnant Prisoner Rights

 
15    Section 15-5. The Counties Code is amended by changing
163-15003.6 and by adding Sections 3-15003.7, 3-15003.8,
173-15003.9, and 3-15003.10 as follows:
 
18    (55 ILCS 5/3-15003.6)
19    Sec. 3-15003.6. Pregnant female prisoners.
20    (a) Definitions. For the purpose of this Section and
21Sections 3-15003.7, 3-15003.8, 3-15003.9, and 3-15003.10:
22        (1) "Restraints" means any physical restraint or
23    mechanical device used to control the movement of a

 

 

10100SB1968ham001- 587 -LRB101 08002 RLC 74920 a

1    prisoner's body or limbs, or both, including, but not
2    limited to, flex cuffs, soft restraints, hard metal
3    handcuffs, a black box, Chubb cuffs, leg irons, belly
4    chains, a security (tether) chain, or a convex shield, or
5    shackles of any kind.
6        (2) "Labor" means the period of time before a birth and
7    shall include any medical condition in which a woman is
8    sent or brought to the hospital for the purpose of
9    delivering her baby. These situations include: induction
10    of labor, prodromal labor, pre-term labor, prelabor
11    rupture of membranes, the 3 stages of active labor, uterine
12    hemorrhage during the third trimester of pregnancy, and
13    caesarian delivery including pre-operative preparation.
14        (3) "Post-partum" means, as determined by her
15    physician, advanced practice registered nurse, or
16    physician assistant, the period immediately following
17    delivery, including the entire period a woman is in the
18    hospital or infirmary after birth.
19        (4) "Correctional institution" means any entity under
20    the authority of a county law enforcement division of a
21    county of more than 3,000,000 inhabitants that has the
22    power to detain or restrain, or both, a person under the
23    laws of the State.
24        (5) "Corrections official" means the official that is
25    responsible for oversight of a correctional institution,
26    or his or her designee.

 

 

10100SB1968ham001- 588 -LRB101 08002 RLC 74920 a

1        (6) "Prisoner" means any person incarcerated or
2    detained in any facility who is accused of, convicted of,
3    sentenced for, or adjudicated delinquent for, violations
4    of criminal law or the terms and conditions of parole,
5    probation, pretrial release, or diversionary program, and
6    any person detained under the immigration laws of the
7    United States at any correctional facility.
8        (7) "Extraordinary circumstance" means an
9    extraordinary medical or security circumstance, including
10    a substantial flight risk, that dictates restraints be used
11    to ensure the safety and security of the prisoner, the
12    staff of the correctional institution or medical facility,
13    other prisoners, or the public.
14    (b) A county department of corrections shall not apply
15security restraints to a prisoner that has been determined by a
16qualified medical professional to be pregnant and is known by
17the county department of corrections to be pregnant or in
18postpartum recovery, which is the entire period a woman is in
19the medical facility after birth, unless the corrections
20official makes an individualized determination that the
21prisoner presents a substantial flight risk or some other
22extraordinary circumstance that dictates security restraints
23be used to ensure the safety and security of the prisoner, her
24child or unborn child, the staff of the county department of
25corrections or medical facility, other prisoners, or the
26public. The protections set out in clauses (b)(3) and (b)(4) of

 

 

10100SB1968ham001- 589 -LRB101 08002 RLC 74920 a

1this Section shall apply to security restraints used pursuant
2to this subsection. The corrections official shall immediately
3remove all restraints upon the written or oral request of
4medical personnel. Oral requests made by medical personnel
5shall be verified in writing as promptly as reasonably
6possible.
7        (1) Qualified authorized health staff shall have the
8    authority to order therapeutic restraints for a pregnant or
9    postpartum prisoner who is a danger to herself, her child,
10    unborn child, or other persons due to a psychiatric or
11    medical disorder. Therapeutic restraints may only be
12    initiated, monitored and discontinued by qualified and
13    authorized health staff and used to safely limit a
14    prisoner's mobility for psychiatric or medical reasons. No
15    order for therapeutic restraints shall be written unless
16    medical or mental health personnel, after personally
17    observing and examining the prisoner, are clinically
18    satisfied that the use of therapeutic restraints is
19    justified and permitted in accordance with hospital
20    policies and applicable State law. Metal handcuffs or
21    shackles are not considered therapeutic restraints.
22        (2) Whenever therapeutic restraints are used by
23    medical personnel, Section 2-108 of the Mental Health and
24    Developmental Disabilities Code shall apply.
25        (3) Leg irons, shackles or waist shackles shall not be
26    used on any pregnant or postpartum prisoner regardless of

 

 

10100SB1968ham001- 590 -LRB101 08002 RLC 74920 a

1    security classification. Except for therapeutic restraints
2    under clause (b)(2), no restraints of any kind may be
3    applied to prisoners during labor.
4        (4) When a pregnant or postpartum prisoner must be
5    restrained, restraints used shall be the least restrictive
6    restraints possible to ensure the safety and security of
7    the prisoner, her child, unborn child, the staff of the
8    county department of corrections or medical facility,
9    other prisoners, or the public, and in no case shall
10    include leg irons, shackles or waist shackles.
11        (5) Upon the pregnant prisoner's entry into a hospital
12    room, and completion of initial room inspection, a
13    corrections official shall be posted immediately outside
14    the hospital room, unless requested to be in the room by
15    medical personnel attending to the prisoner's medical
16    needs.
17        (6) The county department of corrections shall provide
18    adequate corrections personnel to monitor the pregnant
19    prisoner during her transport to and from the hospital and
20    during her stay at the hospital.
21        (7) Where the county department of corrections
22    requires prisoner safety assessments, a corrections
23    official may enter the hospital room to conduct periodic
24    prisoner safety assessments, except during a medical
25    examination or the delivery process.
26        (8) Upon discharge from a medical facility, postpartum

 

 

10100SB1968ham001- 591 -LRB101 08002 RLC 74920 a

1    prisoners shall be restrained only with handcuffs in front
2    of the body during transport to the county department of
3    corrections. A corrections official shall immediately
4    remove all security restraints upon written or oral request
5    by medical personnel. Oral requests made by medical
6    personnel shall be verified in writing as promptly as
7    reasonably possible.
8    (c) Enforcement. No later than 30 days before the end of
9each fiscal year, the county sheriff or corrections official of
10the correctional institution where a pregnant prisoner has been
11restrained during that previous fiscal year, shall submit a
12written report to the Illinois General Assembly and the Office
13of the Governor that includes an account of every instance of
14prisoner restraint pursuant to this Section. The written report
15shall state the date, time, location and rationale for each
16instance in which restraints are used. The written report shall
17not contain any individually identifying information of any
18prisoner. Such reports shall be made available for public
19inspection.
20(Source: P.A. 99-581, eff. 1-1-17; 100-513, eff. 1-1-18.)
 
21    (55 ILCS 5/3-15003.7 new)
22    Sec. 3-15003.7. Corrections official training related to
23pregnant prisoners.
24    (a) A county department of corrections shall provide
25training relating to medical and mental health care issues

 

 

10100SB1968ham001- 592 -LRB101 08002 RLC 74920 a

1applicable to pregnant prisoners to:
2        (1) each corrections official employed by a county
3    department at a correctional institution in which female
4    prisoners are confined; and
5        (2) any other county department of corrections
6    employee whose duties involve contact with pregnant
7    prisoners.
8    (b) The training must include information regarding:
9        (1) appropriate care for pregnant prisoners; and
10        (2) the impact on a pregnant prisoner and the
11    prisoner's unborn child of:
12            (A) the use of restraints;
13            (B) placement in administrative segregation; and
14            (C) invasive searches.
 
15    (55 ILCS 5/3-15003.8 new)
16    Sec. 3-15003.8. Educational programing for pregnant
17prisoners. A county department of corrections shall develop and
18provide to each pregnant prisoner educational programming
19relating to pregnancy and parenting. The programming must
20include instruction regarding:
21    (1) appropriate prenatal care and hygiene;
22    (2) the effects of prenatal exposure to alcohol and drugs
23on a developing fetus;
24    (3) parenting skills; and
25    (4) medical and mental health issues applicable to

 

 

10100SB1968ham001- 593 -LRB101 08002 RLC 74920 a

1children.
 
2    (55 ILCS 5/3-15003.9 new)
3    Sec. 3-15003.9. Prisoner post-partum recovery
4requirements. A county department of corrections shall ensure
5that, for a period of 72 hours after the birth of an infant by a
6prisoner:
7        (1) the infant is allowed to remain with the prisoner,
8    unless a medical professional determines doing so would
9    pose a health or safety risk to the prisoner or infant; and
10        (2) the prisoner has access to any nutritional or
11    hygiene-related products necessary to care for the infant,
12    including diapers.
 
13    (55 ILCS 5/3-15003.10 new)
14    Sec. 3-15003.10. Housing requirements applicable to
15pregnant prisoners.
16    (a) A county department of corrections may not place in
17administrative segregation a prisoner who is pregnant or who
18gave birth during the preceding 30 days unless the director of
19the county department of corrections or the director's designee
20determines that the placement is necessary based on a
21reasonable belief that the prisoner will harm herself, the
22prisoner's infant, or any other person or will attempt escape.
23    (b) A county department of corrections may not assign a
24pregnant prisoner to any bed that is elevated more than 3 feet

 

 

10100SB1968ham001- 594 -LRB101 08002 RLC 74920 a

1above the floor.
 
2    Section 15-10. The Unified Code of Corrections is amended
3by adding Sections 3-6-7.1, 3-6-7.2, 3-6-7.3, and 3-6-7.4 as
4follows:
 
5    (730 ILCS 5/3-6-7.1 new)
6    Sec. 3-6-7.1. Correctional officer training related to
7pregnant committed persons.
8    (a) The Department shall provide training relating to
9medical and mental health care issues applicable to pregnant
10committed persons to:
11        (1) each correctional officer employed by the
12    Department at a correctional institution or facility in
13    which female committed persons are confined; and
14        (2) any other Department employee whose duties involve
15    contact with pregnant committed persons.
16    (b) The training must include information regarding:
17        (1) appropriate care for pregnant committed persons;
18    and
19        (2) the impact on a pregnant committed person and the
20    committed person's unborn child of:
21            (A) the use of restraints;
22            (B) placement in administrative segregation; and
23            (C) invasive searches.
 

 

 

10100SB1968ham001- 595 -LRB101 08002 RLC 74920 a

1    (730 ILCS 5/3-6-7.2 new)
2    Sec. 3-6-7.2. Educational programing for pregnant
3committed persons. The Department shall develop and provide to
4each pregnant committed person educational programming
5relating to pregnancy and parenting. The programming must
6include instruction regarding:
7    (1) appropriate prenatal care and hygiene;
8    (2) the effects of prenatal exposure to alcohol and drugs
9on a developing fetus;
10    (3) parenting skills; and
11    (4) medical and mental health issues applicable to
12children.
 
13    (730 ILCS 5/3-6-7.3 new)
14    Sec. 3-6-7.3. Committed person post-partum recovery
15requirements. The Department shall ensure that, for a period of
1672 hours after the birth of an infant by an committed person:
17        (1) the infant is allowed to remain with the committed
18    person, unless a medical professional determines doing so
19    would pose a health or safety risk to the committed person
20    or infant; and
21        (2) the committed person has access to any nutritional
22    or hygiene-related products necessary to care for the
23    infant, including diapers.
 
24    (730 ILCS 5/3-6-7.4 new)

 

 

10100SB1968ham001- 596 -LRB101 08002 RLC 74920 a

1    Sec. 3-6-7.4. Housing requirements applicable to pregnant
2committed persons.
3    (a) The Department may not place in administrative
4segregation a committed person who is pregnant or who gave
5birth during the preceding 30 days unless the Director or the
6Director's designee determines that the placement is necessary
7based on a reasonable belief that the committed person will
8harm herself, the committed person's infant, or any other
9person or will attempt escape.
10    (b) The Department may not assign a pregnant committed
11person to any bed that is elevated more than 3 feet above the
12floor.
 
13    Section 15-15. The County Jail Act is amended by adding
14Sections 17.6, 17.7, 17.8, and 17.9 as follows:
 
15    (730 ILCS 125/17.6 new)
16    Sec. 17.6. Sheriff training related to pregnant prisoners.
17    (a) The sheriff shall provide training relating to medical
18and mental health care issues applicable to pregnant prisoners
19confined in the county jail to:
20        (1) each correctional officer employed by the sheriff
21    at the county jail in which female committed persons are
22    confined; and
23        (2) any other sheriff employee whose duties involve
24    contact with pregnant prisoners.

 

 

10100SB1968ham001- 597 -LRB101 08002 RLC 74920 a

1    (b) The training must include information regarding:
2        (1) appropriate care for pregnant prisoners; and
3        (2) the impact on a pregnant prisoner and the
4    prisoner's unborn child of:
5            (A) the use of restraints;
6            (B) placement in administrative segregation; and
7            (C) invasive searches.
 
8    (730 ILCS 125/17.7 new)
9    Sec. 17.7. Educational programing for pregnant prisoners.
10The sheriff shall develop and provide to each pregnant prisoner
11educational programming relating to pregnancy and parenting.
12The programming must include instruction regarding:
13    (1) appropriate prenatal care and hygiene;
14    (2) the effects of prenatal exposure to alcohol and drugs
15on a developing fetus;
16    (3) parenting skills; and
17    (4) medical and mental health issues applicable to
18children.
 
19    (730 ILCS 125/17.8 new)
20    Sec. 17.8. Prisoner post-partum recovery requirements. The
21sheriff shall ensure that, for a period of 72 hours after the
22birth of an infant by a prisoner:
23        (1) the infant is allowed to remain with the prisoner,
24    unless a medical professional determines doing so would

 

 

10100SB1968ham001- 598 -LRB101 08002 RLC 74920 a

1    pose a health or safety risk to the prisoner or infant; and
2        (2) the prisoner has access to any nutritional or
3    hygiene-related products necessary to care for the infant,
4    including diapers.
 
5    (730 ILCS 125/17.9 new)
6    Sec. 17.9. Housing requirements applicable to pregnant
7prisoners.
8    (a) The sheriff may not place in administrative segregation
9a prisoner who is pregnant or who gave birth during the
10preceding 30 days unless the sheriff or the sheriff's designee
11determines that the placement is necessary based on a
12reasonable belief that the prisoner will harm herself, the
13prisoner's infant, or any other person or will attempt escape.
14    (b) The sheriff may not assign a pregnant committed person
15to any bed that is elevated more than 3 feet above the floor.
 
16
Article 20.
17
Mandatory Minimums

 
18    Section 20-5. The Unified Code of Corrections is amended by
19changing Section 5-4-1 as follows:
 
20    (730 ILCS 5/5-4-1)  (from Ch. 38, par. 1005-4-1)
21    Sec. 5-4-1. Sentencing hearing.
22    (a) Except when the death penalty is sought under hearing

 

 

10100SB1968ham001- 599 -LRB101 08002 RLC 74920 a

1procedures otherwise specified, after a determination of
2guilt, a hearing shall be held to impose the sentence. However,
3prior to the imposition of sentence on an individual being
4sentenced for an offense based upon a charge for a violation of
5Section 11-501 of the Illinois Vehicle Code or a similar
6provision of a local ordinance, the individual must undergo a
7professional evaluation to determine if an alcohol or other
8drug abuse problem exists and the extent of such a problem.
9Programs conducting these evaluations shall be licensed by the
10Department of Human Services. However, if the individual is not
11a resident of Illinois, the court may, in its discretion,
12accept an evaluation from a program in the state of such
13individual's residence. The court may in its sentencing order
14approve an eligible defendant for placement in a Department of
15Corrections impact incarceration program as provided in
16Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing
17order recommend a defendant for placement in a Department of
18Corrections substance abuse treatment program as provided in
19paragraph (a) of subsection (1) of Section 3-2-2 conditioned
20upon the defendant being accepted in a program by the
21Department of Corrections. At the hearing the court shall:
22        (1) consider the evidence, if any, received upon the
23    trial;
24        (2) consider any presentence reports;
25        (3) consider the financial impact of incarceration
26    based on the financial impact statement filed with the

 

 

10100SB1968ham001- 600 -LRB101 08002 RLC 74920 a

1    clerk of the court by the Department of Corrections;
2        (4) consider evidence and information offered by the
3    parties in aggravation and mitigation;
4        (4.5) consider substance abuse treatment, eligibility
5    screening, and an assessment, if any, of the defendant by
6    an agent designated by the State of Illinois to provide
7    assessment services for the Illinois courts;
8        (5) hear arguments as to sentencing alternatives;
9        (6) afford the defendant the opportunity to make a
10    statement in his own behalf;
11        (7) afford the victim of a violent crime or a violation
12    of Section 11-501 of the Illinois Vehicle Code, or a
13    similar provision of a local ordinance, the opportunity to
14    present an oral or written statement, as guaranteed by
15    Article I, Section 8.1 of the Illinois Constitution and
16    provided in Section 6 of the Rights of Crime Victims and
17    Witnesses Act. The court shall allow a victim to make an
18    oral statement if the victim is present in the courtroom
19    and requests to make an oral or written statement. An oral
20    or written statement includes the victim or a
21    representative of the victim reading the written
22    statement. The court may allow persons impacted by the
23    crime who are not victims under subsection (a) of Section 3
24    of the Rights of Crime Victims and Witnesses Act to present
25    an oral or written statement. A victim and any person
26    making an oral statement shall not be put under oath or

 

 

10100SB1968ham001- 601 -LRB101 08002 RLC 74920 a

1    subject to cross-examination. All statements offered under
2    this paragraph (7) shall become part of the record of the
3    court. In this paragraph (7), "victim of a violent crime"
4    means a person who is a victim of a violent crime for which
5    the defendant has been convicted after a bench or jury
6    trial or a person who is the victim of a violent crime with
7    which the defendant was charged and the defendant has been
8    convicted under a plea agreement of a crime that is not a
9    violent crime as defined in subsection (c) of 3 of the
10    Rights of Crime Victims and Witnesses Act;
11        (7.5) afford a qualified person affected by: (i) a
12    violation of Section 405, 405.1, 405.2, or 407 of the
13    Illinois Controlled Substances Act or a violation of
14    Section 55 or Section 65 of the Methamphetamine Control and
15    Community Protection Act; or (ii) a Class 4 felony
16    violation of Section 11-14, 11-14.3 except as described in
17    subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
18    11-18.1, or 11-19 of the Criminal Code of 1961 or the
19    Criminal Code of 2012, committed by the defendant the
20    opportunity to make a statement concerning the impact on
21    the qualified person and to offer evidence in aggravation
22    or mitigation; provided that the statement and evidence
23    offered in aggravation or mitigation shall first be
24    prepared in writing in conjunction with the State's
25    Attorney before it may be presented orally at the hearing.
26    Sworn testimony offered by the qualified person is subject

 

 

10100SB1968ham001- 602 -LRB101 08002 RLC 74920 a

1    to the defendant's right to cross-examine. All statements
2    and evidence offered under this paragraph (7.5) shall
3    become part of the record of the court. In this paragraph
4    (7.5), "qualified person" means any person who: (i) lived
5    or worked within the territorial jurisdiction where the
6    offense took place when the offense took place; or (ii) is
7    familiar with various public places within the territorial
8    jurisdiction where the offense took place when the offense
9    took place. "Qualified person" includes any peace officer
10    or any member of any duly organized State, county, or
11    municipal peace officer unit assigned to the territorial
12    jurisdiction where the offense took place when the offense
13    took place;
14        (8) in cases of reckless homicide afford the victim's
15    spouse, guardians, parents or other immediate family
16    members an opportunity to make oral statements;
17        (9) in cases involving a felony sex offense as defined
18    under the Sex Offender Management Board Act, consider the
19    results of the sex offender evaluation conducted pursuant
20    to Section 5-3-2 of this Act; and
21        (10) make a finding of whether a motor vehicle was used
22    in the commission of the offense for which the defendant is
23    being sentenced.
24    (b) All sentences shall be imposed by the judge based upon
25his independent assessment of the elements specified above and
26any agreement as to sentence reached by the parties. The judge

 

 

10100SB1968ham001- 603 -LRB101 08002 RLC 74920 a

1who presided at the trial or the judge who accepted the plea of
2guilty shall impose the sentence unless he is no longer sitting
3as a judge in that court. Where the judge does not impose
4sentence at the same time on all defendants who are convicted
5as a result of being involved in the same offense, the
6defendant or the State's Attorney may advise the sentencing
7court of the disposition of any other defendants who have been
8sentenced.
9    (b-1) In imposing a sentence of imprisonment or periodic
10imprisonment for a Class 3 or Class 4 felony for which a
11sentence of probation or conditional discharge is an available
12sentence, if the defendant has no prior sentence of probation
13or conditional discharge and no prior conviction for a violent
14crime, the defendant shall not be sentenced to imprisonment
15before review and consideration of a presentence report and
16determination and explanation of why the particular evidence,
17information, factor in aggravation, factual finding, or other
18reasons support a sentencing determination that one or more of
19the factors under subsection (a) of Section 5-6-1 of this Code
20apply and that probation or conditional discharge is not an
21appropriate sentence.
22    (c) In imposing a sentence for a violent crime or for an
23offense of operating or being in physical control of a vehicle
24while under the influence of alcohol, any other drug or any
25combination thereof, or a similar provision of a local
26ordinance, when such offense resulted in the personal injury to

 

 

10100SB1968ham001- 604 -LRB101 08002 RLC 74920 a

1someone other than the defendant, the trial judge shall specify
2on the record the particular evidence, information, factors in
3mitigation and aggravation or other reasons that led to his
4sentencing determination. The full verbatim record of the
5sentencing hearing shall be filed with the clerk of the court
6and shall be a public record.
7    (c-1) In imposing a sentence for the offense of aggravated
8kidnapping for ransom, home invasion, armed robbery,
9aggravated vehicular hijacking, aggravated discharge of a
10firearm, or armed violence with a category I weapon or category
11II weapon, the trial judge shall make a finding as to whether
12the conduct leading to conviction for the offense resulted in
13great bodily harm to a victim, and shall enter that finding and
14the basis for that finding in the record.
15    (c-1.5) Notwithstanding any other provision of law to the
16contrary, in imposing a sentence for an offense that requires a
17mandatory minimum sentence of imprisonment, the court may
18instead sentence the offender to probation, conditional
19discharge, or a lesser term of imprisonment it deems
20appropriate if: (1) the offense involves the use or possession
21of drugs, retail theft, or driving on a revoked license due to
22unpaid financial obligations; (2) the court finds that the
23defendant does not pose a risk to public safety; and (3) the
24interest of justice requires imposing a term of probation,
25conditional discharge, or a lesser term of imprisonment. The
26court must state on the record its reasons for imposing

 

 

10100SB1968ham001- 605 -LRB101 08002 RLC 74920 a

1probation, conditional discharge, or a lesser term of
2imprisonment.
3    (c-2) If the defendant is sentenced to prison, other than
4when a sentence of natural life imprisonment or a sentence of
5death is imposed, at the time the sentence is imposed the judge
6shall state on the record in open court the approximate period
7of time the defendant will serve in custody according to the
8then current statutory rules and regulations for sentence
9credit found in Section 3-6-3 and other related provisions of
10this Code. This statement is intended solely to inform the
11public, has no legal effect on the defendant's actual release,
12and may not be relied on by the defendant on appeal.
13    The judge's statement, to be given after pronouncing the
14sentence, other than when the sentence is imposed for one of
15the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
16shall include the following:
17    "The purpose of this statement is to inform the public of
18the actual period of time this defendant is likely to spend in
19prison as a result of this sentence. The actual period of
20prison time served is determined by the statutes of Illinois as
21applied to this sentence by the Illinois Department of
22Corrections and the Illinois Prisoner Review Board. In this
23case, assuming the defendant receives all of his or her
24sentence credit, the period of estimated actual custody is ...
25years and ... months, less up to 180 days additional earned
26sentence credit. If the defendant, because of his or her own

 

 

10100SB1968ham001- 606 -LRB101 08002 RLC 74920 a

1misconduct or failure to comply with the institutional
2regulations, does not receive those credits, the actual time
3served in prison will be longer. The defendant may also receive
4an additional one-half day sentence credit for each day of
5participation in vocational, industry, substance abuse, and
6educational programs as provided for by Illinois statute."
7    When the sentence is imposed for one of the offenses
8enumerated in paragraph (a)(2) of Section 3-6-3, other than
9first degree murder, and the offense was committed on or after
10June 19, 1998, and when the sentence is imposed for reckless
11homicide as defined in subsection (e) of Section 9-3 of the
12Criminal Code of 1961 or the Criminal Code of 2012 if the
13offense was committed on or after January 1, 1999, and when the
14sentence is imposed for aggravated driving under the influence
15of alcohol, other drug or drugs, or intoxicating compound or
16compounds, or any combination thereof as defined in
17subparagraph (F) of paragraph (1) of subsection (d) of Section
1811-501 of the Illinois Vehicle Code, and when the sentence is
19imposed for aggravated arson if the offense was committed on or
20after July 27, 2001 (the effective date of Public Act 92-176),
21and when the sentence is imposed for aggravated driving under
22the influence of alcohol, other drug or drugs, or intoxicating
23compound or compounds, or any combination thereof as defined in
24subparagraph (C) of paragraph (1) of subsection (d) of Section
2511-501 of the Illinois Vehicle Code committed on or after
26January 1, 2011 (the effective date of Public Act 96-1230), the

 

 

10100SB1968ham001- 607 -LRB101 08002 RLC 74920 a

1judge's statement, to be given after pronouncing the sentence,
2shall include the following:
3    "The purpose of this statement is to inform the public of
4the actual period of time this defendant is likely to spend in
5prison as a result of this sentence. The actual period of
6prison time served is determined by the statutes of Illinois as
7applied to this sentence by the Illinois Department of
8Corrections and the Illinois Prisoner Review Board. In this
9case, the defendant is entitled to no more than 4 1/2 days of
10sentence credit for each month of his or her sentence of
11imprisonment. Therefore, this defendant will serve at least 85%
12of his or her sentence. Assuming the defendant receives 4 1/2
13days credit for each month of his or her sentence, the period
14of estimated actual custody is ... years and ... months. If the
15defendant, because of his or her own misconduct or failure to
16comply with the institutional regulations receives lesser
17credit, the actual time served in prison will be longer."
18    When a sentence of imprisonment is imposed for first degree
19murder and the offense was committed on or after June 19, 1998,
20the judge's statement, to be given after pronouncing the
21sentence, shall include the following:
22    "The purpose of this statement is to inform the public of
23the actual period of time this defendant is likely to spend in
24prison as a result of this sentence. The actual period of
25prison time served is determined by the statutes of Illinois as
26applied to this sentence by the Illinois Department of

 

 

10100SB1968ham001- 608 -LRB101 08002 RLC 74920 a

1Corrections and the Illinois Prisoner Review Board. In this
2case, the defendant is not entitled to sentence credit.
3Therefore, this defendant will serve 100% of his or her
4sentence."
5    When the sentencing order recommends placement in a
6substance abuse program for any offense that results in
7incarceration in a Department of Corrections facility and the
8crime was committed on or after September 1, 2003 (the
9effective date of Public Act 93-354), the judge's statement, in
10addition to any other judge's statement required under this
11Section, to be given after pronouncing the sentence, shall
12include the following:
13    "The purpose of this statement is to inform the public of
14the actual period of time this defendant is likely to spend in
15prison as a result of this sentence. The actual period of
16prison time served is determined by the statutes of Illinois as
17applied to this sentence by the Illinois Department of
18Corrections and the Illinois Prisoner Review Board. In this
19case, the defendant shall receive no earned sentence credit
20under clause (3) of subsection (a) of Section 3-6-3 until he or
21she participates in and completes a substance abuse treatment
22program or receives a waiver from the Director of Corrections
23pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
24    (c-4) Before the sentencing hearing and as part of the
25presentence investigation under Section 5-3-1, the court shall
26inquire of the defendant whether the defendant is currently

 

 

10100SB1968ham001- 609 -LRB101 08002 RLC 74920 a

1serving in or is a veteran of the Armed Forces of the United
2States. If the defendant is currently serving in the Armed
3Forces of the United States or is a veteran of the Armed Forces
4of the United States and has been diagnosed as having a mental
5illness by a qualified psychiatrist or clinical psychologist or
6physician, the court may:
7        (1) order that the officer preparing the presentence
8    report consult with the United States Department of
9    Veterans Affairs, Illinois Department of Veterans'
10    Affairs, or another agency or person with suitable
11    knowledge or experience for the purpose of providing the
12    court with information regarding treatment options
13    available to the defendant, including federal, State, and
14    local programming; and
15        (2) consider the treatment recommendations of any
16    diagnosing or treating mental health professionals
17    together with the treatment options available to the
18    defendant in imposing sentence.
19    For the purposes of this subsection (c-4), "qualified
20psychiatrist" means a reputable physician licensed in Illinois
21to practice medicine in all its branches, who has specialized
22in the diagnosis and treatment of mental and nervous disorders
23for a period of not less than 5 years.
24    (c-6) In imposing a sentence, the trial judge shall
25specify, on the record, the particular evidence and other
26reasons which led to his or her determination that a motor

 

 

10100SB1968ham001- 610 -LRB101 08002 RLC 74920 a

1vehicle was used in the commission of the offense.
2    (d) When the defendant is committed to the Department of
3Corrections, the State's Attorney shall and counsel for the
4defendant may file a statement with the clerk of the court to
5be transmitted to the department, agency or institution to
6which the defendant is committed to furnish such department,
7agency or institution with the facts and circumstances of the
8offense for which the person was committed together with all
9other factual information accessible to them in regard to the
10person prior to his commitment relative to his habits,
11associates, disposition and reputation and any other facts and
12circumstances which may aid such department, agency or
13institution during its custody of such person. The clerk shall
14within 10 days after receiving any such statements transmit a
15copy to such department, agency or institution and a copy to
16the other party, provided, however, that this shall not be
17cause for delay in conveying the person to the department,
18agency or institution to which he has been committed.
19    (e) The clerk of the court shall transmit to the
20department, agency or institution, if any, to which the
21defendant is committed, the following:
22        (1) the sentence imposed;
23        (2) any statement by the court of the basis for
24    imposing the sentence;
25        (3) any presentence reports;
26        (3.5) any sex offender evaluations;

 

 

10100SB1968ham001- 611 -LRB101 08002 RLC 74920 a

1        (3.6) any substance abuse treatment eligibility
2    screening and assessment of the defendant by an agent
3    designated by the State of Illinois to provide assessment
4    services for the Illinois courts;
5        (4) the number of days, if any, which the defendant has
6    been in custody and for which he is entitled to credit
7    against the sentence, which information shall be provided
8    to the clerk by the sheriff;
9        (4.1) any finding of great bodily harm made by the
10    court with respect to an offense enumerated in subsection
11    (c-1);
12        (5) all statements filed under subsection (d) of this
13    Section;
14        (6) any medical or mental health records or summaries
15    of the defendant;
16        (7) the municipality where the arrest of the offender
17    or the commission of the offense has occurred, where such
18    municipality has a population of more than 25,000 persons;
19        (8) all statements made and evidence offered under
20    paragraph (7) of subsection (a) of this Section; and
21        (9) all additional matters which the court directs the
22    clerk to transmit.
23    (f) In cases in which the court finds that a motor vehicle
24was used in the commission of the offense for which the
25defendant is being sentenced, the clerk of the court shall,
26within 5 days thereafter, forward a report of such conviction

 

 

10100SB1968ham001- 612 -LRB101 08002 RLC 74920 a

1to the Secretary of State.
2(Source: P.A. 99-861, eff. 1-1-17; 99-938, eff. 1-1-18;
3100-961, eff. 1-1-19; revised 10-3-18.)
 
4
Article 25.
5
Law Enforcement

 
6    Section 25-5. The Open Meetings Act is amended by changing
7Section 2 as follows:
 
8    (5 ILCS 120/2)  (from Ch. 102, par. 42)
9    Sec. 2. Open meetings.
10    (a) Openness required. All meetings of public bodies shall
11be open to the public unless excepted in subsection (c) and
12closed in accordance with Section 2a.
13    (b) Construction of exceptions. The exceptions contained
14in subsection (c) are in derogation of the requirement that
15public bodies meet in the open, and therefore, the exceptions
16are to be strictly construed, extending only to subjects
17clearly within their scope. The exceptions authorize but do not
18require the holding of a closed meeting to discuss a subject
19included within an enumerated exception.
20    (c) Exceptions. A public body may hold closed meetings to
21consider the following subjects:
22        (1) The appointment, employment, compensation,
23    discipline, performance, or dismissal of specific

 

 

10100SB1968ham001- 613 -LRB101 08002 RLC 74920 a

1    employees, specific individuals who serve as independent
2    contractors in a park, recreational, or educational
3    setting, or specific volunteers of the public body or legal
4    counsel for the public body, including hearing testimony on
5    a complaint lodged against an employee, a specific
6    individual who serves as an independent contractor in a
7    park, recreational, or educational setting, or a volunteer
8    of the public body or against legal counsel for the public
9    body to determine its validity. However, a meeting to
10    consider an increase in compensation to a specific employee
11    of a public body that is subject to the Local Government
12    Wage Increase Transparency Act may not be closed and shall
13    be open to the public and posted and held in accordance
14    with this Act.
15        (2) Collective negotiating matters between the public
16    body and its employees or their representatives, or
17    deliberations concerning salary schedules for one or more
18    classes of employees.
19        (3) The selection of a person to fill a public office,
20    as defined in this Act, including a vacancy in a public
21    office, when the public body is given power to appoint
22    under law or ordinance, or the discipline, performance or
23    removal of the occupant of a public office, when the public
24    body is given power to remove the occupant under law or
25    ordinance.
26        (4) Evidence or testimony presented in open hearing, or

 

 

10100SB1968ham001- 614 -LRB101 08002 RLC 74920 a

1    in closed hearing where specifically authorized by law, to
2    a quasi-adjudicative body, as defined in this Act, provided
3    that the body prepares and makes available for public
4    inspection a written decision setting forth its
5    determinative reasoning.
6        (5) The purchase or lease of real property for the use
7    of the public body, including meetings held for the purpose
8    of discussing whether a particular parcel should be
9    acquired.
10        (6) The setting of a price for sale or lease of
11    property owned by the public body.
12        (7) The sale or purchase of securities, investments, or
13    investment contracts. This exception shall not apply to the
14    investment of assets or income of funds deposited into the
15    Illinois Prepaid Tuition Trust Fund.
16        (8) Security procedures, school building safety and
17    security, and the use of personnel and equipment to respond
18    to an actual, a threatened, or a reasonably potential
19    danger to the safety of employees, students, staff, the
20    public, or public property.
21        (9) Student disciplinary cases.
22        (10) The placement of individual students in special
23    education programs and other matters relating to
24    individual students.
25        (11) Litigation, when an action against, affecting or
26    on behalf of the particular public body has been filed and

 

 

10100SB1968ham001- 615 -LRB101 08002 RLC 74920 a

1    is pending before a court or administrative tribunal, or
2    when the public body finds that an action is probable or
3    imminent, in which case the basis for the finding shall be
4    recorded and entered into the minutes of the closed
5    meeting.
6        (12) The establishment of reserves or settlement of
7    claims as provided in the Local Governmental and
8    Governmental Employees Tort Immunity Act, if otherwise the
9    disposition of a claim or potential claim might be
10    prejudiced, or the review or discussion of claims, loss or
11    risk management information, records, data, advice or
12    communications from or with respect to any insurer of the
13    public body or any intergovernmental risk management
14    association or self insurance pool of which the public body
15    is a member.
16        (13) Conciliation of complaints of discrimination in
17    the sale or rental of housing, when closed meetings are
18    authorized by the law or ordinance prescribing fair housing
19    practices and creating a commission or administrative
20    agency for their enforcement.
21        (14) Informant sources, the hiring or assignment of
22    undercover personnel or equipment, or ongoing, prior or
23    future criminal investigations, when discussed by a public
24    body with criminal investigatory responsibilities.
25        (15) Professional ethics or performance when
26    considered by an advisory body appointed to advise a

 

 

10100SB1968ham001- 616 -LRB101 08002 RLC 74920 a

1    licensing or regulatory agency on matters germane to the
2    advisory body's field of competence.
3        (16) Self evaluation, practices and procedures or
4    professional ethics, when meeting with a representative of
5    a statewide association of which the public body is a
6    member.
7        (17) The recruitment, credentialing, discipline or
8    formal peer review of physicians or other health care
9    professionals, or for the discussion of matters protected
10    under the federal Patient Safety and Quality Improvement
11    Act of 2005, and the regulations promulgated thereunder,
12    including 42 C.F.R. Part 3 (73 FR 70732), or the federal
13    Health Insurance Portability and Accountability Act of
14    1996, and the regulations promulgated thereunder,
15    including 45 C.F.R. Parts 160, 162, and 164, by a hospital,
16    or other institution providing medical care, that is
17    operated by the public body.
18        (18) Deliberations for decisions of the Prisoner
19    Review Board.
20        (19) Review or discussion of applications received
21    under the Experimental Organ Transplantation Procedures
22    Act.
23        (20) The classification and discussion of matters
24    classified as confidential or continued confidential by
25    the State Government Suggestion Award Board.
26        (21) Discussion of minutes of meetings lawfully closed

 

 

10100SB1968ham001- 617 -LRB101 08002 RLC 74920 a

1    under this Act, whether for purposes of approval by the
2    body of the minutes or semi-annual review of the minutes as
3    mandated by Section 2.06.
4        (22) Deliberations for decisions of the State
5    Emergency Medical Services Disciplinary Review Board.
6        (23) The operation by a municipality of a municipal
7    utility or the operation of a municipal power agency or
8    municipal natural gas agency when the discussion involves
9    (i) contracts relating to the purchase, sale, or delivery
10    of electricity or natural gas or (ii) the results or
11    conclusions of load forecast studies.
12        (24) Meetings of a residential health care facility
13    resident sexual assault and death review team or the
14    Executive Council under the Abuse Prevention Review Team
15    Act.
16        (25) Meetings of an independent team of experts under
17    Brian's Law.
18        (26) Meetings of a mortality review team appointed
19    under the Department of Juvenile Justice Mortality Review
20    Team Act.
21        (27) (Blank).
22        (28) Correspondence and records (i) that may not be
23    disclosed under Section 11-9 of the Illinois Public Aid
24    Code or (ii) that pertain to appeals under Section 11-8 of
25    the Illinois Public Aid Code.
26        (29) Meetings between internal or external auditors

 

 

10100SB1968ham001- 618 -LRB101 08002 RLC 74920 a

1    and governmental audit committees, finance committees, and
2    their equivalents, when the discussion involves internal
3    control weaknesses, identification of potential fraud risk
4    areas, known or suspected frauds, and fraud interviews
5    conducted in accordance with generally accepted auditing
6    standards of the United States of America.
7        (30) Those meetings or portions of meetings of a
8    fatality review team or the Illinois Fatality Review Team
9    Advisory Council during which a review of the death of an
10    eligible adult in which abuse or neglect is suspected,
11    alleged, or substantiated is conducted pursuant to Section
12    15 of the Adult Protective Services Act.
13        (31) Meetings and deliberations for decisions of the
14    Concealed Carry Licensing Review Board under the Firearm
15    Concealed Carry Act.
16        (32) Meetings between the Regional Transportation
17    Authority Board and its Service Boards when the discussion
18    involves review by the Regional Transportation Authority
19    Board of employment contracts under Section 28d of the
20    Metropolitan Transit Authority Act and Sections 3A.18 and
21    3B.26 of the Regional Transportation Authority Act.
22        (33) Those meetings or portions of meetings of the
23    advisory committee and peer review subcommittee created
24    under Section 320 of the Illinois Controlled Substances Act
25    during which specific controlled substance prescriber,
26    dispenser, or patient information is discussed.

 

 

10100SB1968ham001- 619 -LRB101 08002 RLC 74920 a

1        (34) Meetings of the Tax Increment Financing Reform
2    Task Force under Section 2505-800 of the Department of
3    Revenue Law of the Civil Administrative Code of Illinois.
4        (35) Meetings of the group established to discuss
5    Medicaid capitation rates under Section 5-30.8 of the
6    Illinois Public Aid Code.
7        (36) Those deliberations or portions of deliberations
8    for decisions of the Illinois Gaming Board in which there
9    is discussed any of the following: (i) personal,
10    commercial, financial, or other information obtained from
11    any source that is privileged, proprietary, confidential,
12    or a trade secret; or (ii) information specifically
13    exempted from the disclosure by federal or State law.
14        (37) Deliberations for decisions of the Illinois Law
15    Enforcement Training Standards Board, the Certification
16    Review Panel, and the Illinois State Police Merit Board
17    regarding certification and decertification.
18    (d) Definitions. For purposes of this Section:
19    "Employee" means a person employed by a public body whose
20relationship with the public body constitutes an
21employer-employee relationship under the usual common law
22rules, and who is not an independent contractor.
23    "Public office" means a position created by or under the
24Constitution or laws of this State, the occupant of which is
25charged with the exercise of some portion of the sovereign
26power of this State. The term "public office" shall include

 

 

10100SB1968ham001- 620 -LRB101 08002 RLC 74920 a

1members of the public body, but it shall not include
2organizational positions filled by members thereof, whether
3established by law or by a public body itself, that exist to
4assist the body in the conduct of its business.
5    "Quasi-adjudicative body" means an administrative body
6charged by law or ordinance with the responsibility to conduct
7hearings, receive evidence or testimony and make
8determinations based thereon, but does not include local
9electoral boards when such bodies are considering petition
10challenges.
11    (e) Final action. No final action may be taken at a closed
12meeting. Final action shall be preceded by a public recital of
13the nature of the matter being considered and other information
14that will inform the public of the business being conducted.
15(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17;
16100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff.
178-23-19; revised 9-27-19.)
 
18    Section 25-10. The Freedom of Information Act is amended by
19changing Sections 7 and 7.5 as follows:
 
20    (5 ILCS 140/7)  (from Ch. 116, par. 207)
21    Sec. 7. Exemptions.
22    (1) When a request is made to inspect or copy a public
23record that contains information that is exempt from disclosure
24under this Section, but also contains information that is not

 

 

10100SB1968ham001- 621 -LRB101 08002 RLC 74920 a

1exempt from disclosure, the public body may elect to redact the
2information that is exempt. The public body shall make the
3remaining information available for inspection and copying.
4Subject to this requirement, the following shall be exempt from
5inspection and copying:
6        (a) Information specifically prohibited from
7    disclosure by federal or State law or rules and regulations
8    implementing federal or State law.
9        (b) Private information, unless disclosure is required
10    by another provision of this Act, a State or federal law or
11    a court order.
12        (b-5) Files, documents, and other data or databases
13    maintained by one or more law enforcement agencies and
14    specifically designed to provide information to one or more
15    law enforcement agencies regarding the physical or mental
16    status of one or more individual subjects.
17        (c) Personal information contained within public
18    records, the disclosure of which would constitute a clearly
19    unwarranted invasion of personal privacy, unless the
20    disclosure is consented to in writing by the individual
21    subjects of the information. "Unwarranted invasion of
22    personal privacy" means the disclosure of information that
23    is highly personal or objectionable to a reasonable person
24    and in which the subject's right to privacy outweighs any
25    legitimate public interest in obtaining the information.
26    The disclosure of information that bears on the public

 

 

10100SB1968ham001- 622 -LRB101 08002 RLC 74920 a

1    duties of public employees and officials shall not be
2    considered an invasion of personal privacy.
3        (d) Records in the possession of any public body
4    created in the course of administrative enforcement
5    proceedings, and any law enforcement or correctional
6    agency for law enforcement purposes, but only to the extent
7    that disclosure would:
8            (i) interfere with pending or actually and
9        reasonably contemplated law enforcement proceedings
10        conducted by any law enforcement or correctional
11        agency that is the recipient of the request;
12            (ii) interfere with active administrative
13        enforcement proceedings conducted by the public body
14        that is the recipient of the request;
15            (iii) create a substantial likelihood that a
16        person will be deprived of a fair trial or an impartial
17        hearing;
18            (iv) unavoidably disclose the identity of a
19        confidential source, confidential information
20        furnished only by the confidential source, or persons
21        who file complaints with or provide information to
22        administrative, investigative, law enforcement, or
23        penal agencies; except that the identities of
24        witnesses to traffic accidents, traffic accident
25        reports, and rescue reports shall be provided by
26        agencies of local government, except when disclosure

 

 

10100SB1968ham001- 623 -LRB101 08002 RLC 74920 a

1        would interfere with an active criminal investigation
2        conducted by the agency that is the recipient of the
3        request;
4            (v) disclose unique or specialized investigative
5        techniques other than those generally used and known or
6        disclose internal documents of correctional agencies
7        related to detection, observation or investigation of
8        incidents of crime or misconduct, and disclosure would
9        result in demonstrable harm to the agency or public
10        body that is the recipient of the request;
11            (vi) endanger the life or physical safety of law
12        enforcement personnel or any other person; or
13            (vii) obstruct an ongoing criminal investigation
14        by the agency that is the recipient of the request.
15        (d-5) A law enforcement record created for law
16    enforcement purposes and contained in a shared electronic
17    record management system if the law enforcement agency that
18    is the recipient of the request did not create the record,
19    did not participate in or have a role in any of the events
20    which are the subject of the record, and only has access to
21    the record through the shared electronic record management
22    system.
23        (d-6) Records contained in the Officer Professional
24    Conduct Database under Section 9.4 of the Illinois Police
25    Training Act, except to the extent authorized under that
26    Section. This includes the documents supplied to Illinois

 

 

10100SB1968ham001- 624 -LRB101 08002 RLC 74920 a

1    Law Enforcement Training Standards Board from the Illinois
2    State Police and Illinois State Police Merit Board.
3        (e) Records that relate to or affect the security of
4    correctional institutions and detention facilities.
5        (e-5) Records requested by persons committed to the
6    Department of Corrections, Department of Human Services
7    Division of Mental Health, or a county jail if those
8    materials are available in the library of the correctional
9    institution or facility or jail where the inmate is
10    confined.
11        (e-6) Records requested by persons committed to the
12    Department of Corrections, Department of Human Services
13    Division of Mental Health, or a county jail if those
14    materials include records from staff members' personnel
15    files, staff rosters, or other staffing assignment
16    information.
17        (e-7) Records requested by persons committed to the
18    Department of Corrections or Department of Human Services
19    Division of Mental Health if those materials are available
20    through an administrative request to the Department of
21    Corrections or Department of Human Services Division of
22    Mental Health.
23        (e-8) Records requested by a person committed to the
24    Department of Corrections, Department of Human Services
25    Division of Mental Health, or a county jail, the disclosure
26    of which would result in the risk of harm to any person or

 

 

10100SB1968ham001- 625 -LRB101 08002 RLC 74920 a

1    the risk of an escape from a jail or correctional
2    institution or facility.
3        (e-9) Records requested by a person in a county jail or
4    committed to the Department of Corrections or Department of
5    Human Services Division of Mental Health, containing
6    personal information pertaining to the person's victim or
7    the victim's family, including, but not limited to, a
8    victim's home address, home telephone number, work or
9    school address, work telephone number, social security
10    number, or any other identifying information, except as may
11    be relevant to a requester's current or potential case or
12    claim.
13        (e-10) Law enforcement records of other persons
14    requested by a person committed to the Department of
15    Corrections, Department of Human Services Division of
16    Mental Health, or a county jail, including, but not limited
17    to, arrest and booking records, mug shots, and crime scene
18    photographs, except as these records may be relevant to the
19    requester's current or potential case or claim.
20        (f) Preliminary drafts, notes, recommendations,
21    memoranda and other records in which opinions are
22    expressed, or policies or actions are formulated, except
23    that a specific record or relevant portion of a record
24    shall not be exempt when the record is publicly cited and
25    identified by the head of the public body. The exemption
26    provided in this paragraph (f) extends to all those records

 

 

10100SB1968ham001- 626 -LRB101 08002 RLC 74920 a

1    of officers and agencies of the General Assembly that
2    pertain to the preparation of legislative documents.
3        (g) Trade secrets and commercial or financial
4    information obtained from a person or business where the
5    trade secrets or commercial or financial information are
6    furnished under a claim that they are proprietary,
7    privileged, or confidential, and that disclosure of the
8    trade secrets or commercial or financial information would
9    cause competitive harm to the person or business, and only
10    insofar as the claim directly applies to the records
11    requested.
12        The information included under this exemption includes
13    all trade secrets and commercial or financial information
14    obtained by a public body, including a public pension fund,
15    from a private equity fund or a privately held company
16    within the investment portfolio of a private equity fund as
17    a result of either investing or evaluating a potential
18    investment of public funds in a private equity fund. The
19    exemption contained in this item does not apply to the
20    aggregate financial performance information of a private
21    equity fund, nor to the identity of the fund's managers or
22    general partners. The exemption contained in this item does
23    not apply to the identity of a privately held company
24    within the investment portfolio of a private equity fund,
25    unless the disclosure of the identity of a privately held
26    company may cause competitive harm.

 

 

10100SB1968ham001- 627 -LRB101 08002 RLC 74920 a

1        Nothing contained in this paragraph (g) shall be
2    construed to prevent a person or business from consenting
3    to disclosure.
4        (h) Proposals and bids for any contract, grant, or
5    agreement, including information which if it were
6    disclosed would frustrate procurement or give an advantage
7    to any person proposing to enter into a contractor
8    agreement with the body, until an award or final selection
9    is made. Information prepared by or for the body in
10    preparation of a bid solicitation shall be exempt until an
11    award or final selection is made.
12        (i) Valuable formulae, computer geographic systems,
13    designs, drawings and research data obtained or produced by
14    any public body when disclosure could reasonably be
15    expected to produce private gain or public loss. The
16    exemption for "computer geographic systems" provided in
17    this paragraph (i) does not extend to requests made by news
18    media as defined in Section 2 of this Act when the
19    requested information is not otherwise exempt and the only
20    purpose of the request is to access and disseminate
21    information regarding the health, safety, welfare, or
22    legal rights of the general public.
23        (j) The following information pertaining to
24    educational matters:
25            (i) test questions, scoring keys and other
26        examination data used to administer an academic

 

 

10100SB1968ham001- 628 -LRB101 08002 RLC 74920 a

1        examination;
2            (ii) information received by a primary or
3        secondary school, college, or university under its
4        procedures for the evaluation of faculty members by
5        their academic peers;
6            (iii) information concerning a school or
7        university's adjudication of student disciplinary
8        cases, but only to the extent that disclosure would
9        unavoidably reveal the identity of the student; and
10            (iv) course materials or research materials used
11        by faculty members.
12        (k) Architects' plans, engineers' technical
13    submissions, and other construction related technical
14    documents for projects not constructed or developed in
15    whole or in part with public funds and the same for
16    projects constructed or developed with public funds,
17    including, but not limited to, power generating and
18    distribution stations and other transmission and
19    distribution facilities, water treatment facilities,
20    airport facilities, sport stadiums, convention centers,
21    and all government owned, operated, or occupied buildings,
22    but only to the extent that disclosure would compromise
23    security.
24        (l) Minutes of meetings of public bodies closed to the
25    public as provided in the Open Meetings Act until the
26    public body makes the minutes available to the public under

 

 

10100SB1968ham001- 629 -LRB101 08002 RLC 74920 a

1    Section 2.06 of the Open Meetings Act.
2        (m) Communications between a public body and an
3    attorney or auditor representing the public body that would
4    not be subject to discovery in litigation, and materials
5    prepared or compiled by or for a public body in
6    anticipation of a criminal, civil, or administrative
7    proceeding upon the request of an attorney advising the
8    public body, and materials prepared or compiled with
9    respect to internal audits of public bodies.
10        (n) Records relating to a public body's adjudication of
11    employee grievances or disciplinary cases; however, this
12    exemption shall not extend to the final outcome of cases in
13    which discipline is imposed.
14        (o) Administrative or technical information associated
15    with automated data processing operations, including, but
16    not limited to, software, operating protocols, computer
17    program abstracts, file layouts, source listings, object
18    modules, load modules, user guides, documentation
19    pertaining to all logical and physical design of
20    computerized systems, employee manuals, and any other
21    information that, if disclosed, would jeopardize the
22    security of the system or its data or the security of
23    materials exempt under this Section.
24        (p) Records relating to collective negotiating matters
25    between public bodies and their employees or
26    representatives, except that any final contract or

 

 

10100SB1968ham001- 630 -LRB101 08002 RLC 74920 a

1    agreement shall be subject to inspection and copying.
2        (q) Test questions, scoring keys, and other
3    examination data used to determine the qualifications of an
4    applicant for a license or employment.
5        (r) The records, documents, and information relating
6    to real estate purchase negotiations until those
7    negotiations have been completed or otherwise terminated.
8    With regard to a parcel involved in a pending or actually
9    and reasonably contemplated eminent domain proceeding
10    under the Eminent Domain Act, records, documents, and
11    information relating to that parcel shall be exempt except
12    as may be allowed under discovery rules adopted by the
13    Illinois Supreme Court. The records, documents, and
14    information relating to a real estate sale shall be exempt
15    until a sale is consummated.
16        (s) Any and all proprietary information and records
17    related to the operation of an intergovernmental risk
18    management association or self-insurance pool or jointly
19    self-administered health and accident cooperative or pool.
20    Insurance or self insurance (including any
21    intergovernmental risk management association or self
22    insurance pool) claims, loss or risk management
23    information, records, data, advice or communications.
24        (t) Information contained in or related to
25    examination, operating, or condition reports prepared by,
26    on behalf of, or for the use of a public body responsible

 

 

10100SB1968ham001- 631 -LRB101 08002 RLC 74920 a

1    for the regulation or supervision of financial
2    institutions, insurance companies, or pharmacy benefit
3    managers, unless disclosure is otherwise required by State
4    law.
5        (u) Information that would disclose or might lead to
6    the disclosure of secret or confidential information,
7    codes, algorithms, programs, or private keys intended to be
8    used to create electronic or digital signatures under the
9    Electronic Commerce Security Act.
10        (v) Vulnerability assessments, security measures, and
11    response policies or plans that are designed to identify,
12    prevent, or respond to potential attacks upon a community's
13    population or systems, facilities, or installations, the
14    destruction or contamination of which would constitute a
15    clear and present danger to the health or safety of the
16    community, but only to the extent that disclosure could
17    reasonably be expected to jeopardize the effectiveness of
18    the measures or the safety of the personnel who implement
19    them or the public. Information exempt under this item may
20    include such things as details pertaining to the
21    mobilization or deployment of personnel or equipment, to
22    the operation of communication systems or protocols, or to
23    tactical operations.
24        (w) (Blank).
25        (x) Maps and other records regarding the location or
26    security of generation, transmission, distribution,

 

 

10100SB1968ham001- 632 -LRB101 08002 RLC 74920 a

1    storage, gathering, treatment, or switching facilities
2    owned by a utility, by a power generator, or by the
3    Illinois Power Agency.
4        (y) Information contained in or related to proposals,
5    bids, or negotiations related to electric power
6    procurement under Section 1-75 of the Illinois Power Agency
7    Act and Section 16-111.5 of the Public Utilities Act that
8    is determined to be confidential and proprietary by the
9    Illinois Power Agency or by the Illinois Commerce
10    Commission.
11        (z) Information about students exempted from
12    disclosure under Sections 10-20.38 or 34-18.29 of the
13    School Code, and information about undergraduate students
14    enrolled at an institution of higher education exempted
15    from disclosure under Section 25 of the Illinois Credit
16    Card Marketing Act of 2009.
17        (aa) Information the disclosure of which is exempted
18    under the Viatical Settlements Act of 2009.
19        (bb) Records and information provided to a mortality
20    review team and records maintained by a mortality review
21    team appointed under the Department of Juvenile Justice
22    Mortality Review Team Act.
23        (cc) Information regarding interments, entombments, or
24    inurnments of human remains that are submitted to the
25    Cemetery Oversight Database under the Cemetery Care Act or
26    the Cemetery Oversight Act, whichever is applicable.

 

 

10100SB1968ham001- 633 -LRB101 08002 RLC 74920 a

1        (dd) Correspondence and records (i) that may not be
2    disclosed under Section 11-9 of the Illinois Public Aid
3    Code or (ii) that pertain to appeals under Section 11-8 of
4    the Illinois Public Aid Code.
5        (ee) The names, addresses, or other personal
6    information of persons who are minors and are also
7    participants and registrants in programs of park
8    districts, forest preserve districts, conservation
9    districts, recreation agencies, and special recreation
10    associations.
11        (ff) The names, addresses, or other personal
12    information of participants and registrants in programs of
13    park districts, forest preserve districts, conservation
14    districts, recreation agencies, and special recreation
15    associations where such programs are targeted primarily to
16    minors.
17        (gg) Confidential information described in Section
18    1-100 of the Illinois Independent Tax Tribunal Act of 2012.
19        (hh) The report submitted to the State Board of
20    Education by the School Security and Standards Task Force
21    under item (8) of subsection (d) of Section 2-3.160 of the
22    School Code and any information contained in that report.
23        (ii) Records requested by persons committed to or
24    detained by the Department of Human Services under the
25    Sexually Violent Persons Commitment Act or committed to the
26    Department of Corrections under the Sexually Dangerous

 

 

10100SB1968ham001- 634 -LRB101 08002 RLC 74920 a

1    Persons Act if those materials: (i) are available in the
2    library of the facility where the individual is confined;
3    (ii) include records from staff members' personnel files,
4    staff rosters, or other staffing assignment information;
5    or (iii) are available through an administrative request to
6    the Department of Human Services or the Department of
7    Corrections.
8        (jj) Confidential information described in Section
9    5-535 of the Civil Administrative Code of Illinois.
10        (kk) The public body's credit card numbers, debit card
11    numbers, bank account numbers, Federal Employer
12    Identification Number, security code numbers, passwords,
13    and similar account information, the disclosure of which
14    could result in identity theft or impression or defrauding
15    of a governmental entity or a person.
16        (ll) (kk) Records concerning the work of the threat
17    assessment team of a school district.
18    (1.5) Any information exempt from disclosure under the
19Judicial Privacy Act shall be redacted from public records
20prior to disclosure under this Act.
21    (2) A public record that is not in the possession of a
22public body but is in the possession of a party with whom the
23agency has contracted to perform a governmental function on
24behalf of the public body, and that directly relates to the
25governmental function and is not otherwise exempt under this
26Act, shall be considered a public record of the public body,

 

 

10100SB1968ham001- 635 -LRB101 08002 RLC 74920 a

1for purposes of this Act.
2    (3) This Section does not authorize withholding of
3information or limit the availability of records to the public,
4except as stated in this Section or otherwise provided in this
5Act.
6(Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17;
7100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff.
81-1-20; 101-455, eff. 8-23-19; revised 9-27-19.)
 
9    (5 ILCS 140/7.5)
10    Sec. 7.5. Statutory exemptions. To the extent provided for
11by the statutes referenced below, the following shall be exempt
12from inspection and copying:
13        (a) All information determined to be confidential
14    under Section 4002 of the Technology Advancement and
15    Development Act.
16        (b) Library circulation and order records identifying
17    library users with specific materials under the Library
18    Records Confidentiality Act.
19        (c) Applications, related documents, and medical
20    records received by the Experimental Organ Transplantation
21    Procedures Board and any and all documents or other records
22    prepared by the Experimental Organ Transplantation
23    Procedures Board or its staff relating to applications it
24    has received.
25        (d) Information and records held by the Department of

 

 

10100SB1968ham001- 636 -LRB101 08002 RLC 74920 a

1    Public Health and its authorized representatives relating
2    to known or suspected cases of sexually transmissible
3    disease or any information the disclosure of which is
4    restricted under the Illinois Sexually Transmissible
5    Disease Control Act.
6        (e) Information the disclosure of which is exempted
7    under Section 30 of the Radon Industry Licensing Act.
8        (f) Firm performance evaluations under Section 55 of
9    the Architectural, Engineering, and Land Surveying
10    Qualifications Based Selection Act.
11        (g) Information the disclosure of which is restricted
12    and exempted under Section 50 of the Illinois Prepaid
13    Tuition Act.
14        (h) Information the disclosure of which is exempted
15    under the State Officials and Employees Ethics Act, and
16    records of any lawfully created State or local inspector
17    general's office that would be exempt if created or
18    obtained by an Executive Inspector General's office under
19    that Act.
20        (i) Information contained in a local emergency energy
21    plan submitted to a municipality in accordance with a local
22    emergency energy plan ordinance that is adopted under
23    Section 11-21.5-5 of the Illinois Municipal Code.
24        (j) Information and data concerning the distribution
25    of surcharge moneys collected and remitted by carriers
26    under the Emergency Telephone System Act.

 

 

10100SB1968ham001- 637 -LRB101 08002 RLC 74920 a

1        (k) Law enforcement officer identification information
2    or driver identification information compiled by a law
3    enforcement agency or the Department of Transportation
4    under Section 11-212 of the Illinois Vehicle Code.
5        (l) Records and information provided to a residential
6    health care facility resident sexual assault and death
7    review team or the Executive Council under the Abuse
8    Prevention Review Team Act.
9        (m) Information provided to the predatory lending
10    database created pursuant to Article 3 of the Residential
11    Real Property Disclosure Act, except to the extent
12    authorized under that Article.
13        (n) Defense budgets and petitions for certification of
14    compensation and expenses for court appointed trial
15    counsel as provided under Sections 10 and 15 of the Capital
16    Crimes Litigation Act. This subsection (n) shall apply
17    until the conclusion of the trial of the case, even if the
18    prosecution chooses not to pursue the death penalty prior
19    to trial or sentencing.
20        (o) Information that is prohibited from being
21    disclosed under Section 4 of the Illinois Health and
22    Hazardous Substances Registry Act.
23        (p) Security portions of system safety program plans,
24    investigation reports, surveys, schedules, lists, data, or
25    information compiled, collected, or prepared by or for the
26    Regional Transportation Authority under Section 2.11 of

 

 

10100SB1968ham001- 638 -LRB101 08002 RLC 74920 a

1    the Regional Transportation Authority Act or the St. Clair
2    County Transit District under the Bi-State Transit Safety
3    Act.
4        (q) Information prohibited from being disclosed by the
5    Personnel Record Review Act.
6        (r) Information prohibited from being disclosed by the
7    Illinois School Student Records Act.
8        (s) Information the disclosure of which is restricted
9    under Section 5-108 of the Public Utilities Act.
10        (t) All identified or deidentified health information
11    in the form of health data or medical records contained in,
12    stored in, submitted to, transferred by, or released from
13    the Illinois Health Information Exchange, and identified
14    or deidentified health information in the form of health
15    data and medical records of the Illinois Health Information
16    Exchange in the possession of the Illinois Health
17    Information Exchange Office due to its administration of
18    the Illinois Health Information Exchange. The terms
19    "identified" and "deidentified" shall be given the same
20    meaning as in the Health Insurance Portability and
21    Accountability Act of 1996, Public Law 104-191, or any
22    subsequent amendments thereto, and any regulations
23    promulgated thereunder.
24        (u) Records and information provided to an independent
25    team of experts under the Developmental Disability and
26    Mental Health Safety Act (also known as Brian's Law).

 

 

10100SB1968ham001- 639 -LRB101 08002 RLC 74920 a

1        (v) Names and information of people who have applied
2    for or received Firearm Owner's Identification Cards under
3    the Firearm Owners Identification Card Act or applied for
4    or received a concealed carry license under the Firearm
5    Concealed Carry Act, unless otherwise authorized by the
6    Firearm Concealed Carry Act; and databases under the
7    Firearm Concealed Carry Act, records of the Concealed Carry
8    Licensing Review Board under the Firearm Concealed Carry
9    Act, and law enforcement agency objections under the
10    Firearm Concealed Carry Act.
11        (w) Personally identifiable information which is
12    exempted from disclosure under subsection (g) of Section
13    19.1 of the Toll Highway Act.
14        (x) Information which is exempted from disclosure
15    under Section 5-1014.3 of the Counties Code or Section
16    8-11-21 of the Illinois Municipal Code.
17        (y) Confidential information under the Adult
18    Protective Services Act and its predecessor enabling
19    statute, the Elder Abuse and Neglect Act, including
20    information about the identity and administrative finding
21    against any caregiver of a verified and substantiated
22    decision of abuse, neglect, or financial exploitation of an
23    eligible adult maintained in the Registry established
24    under Section 7.5 of the Adult Protective Services Act.
25        (z) Records and information provided to a fatality
26    review team or the Illinois Fatality Review Team Advisory

 

 

10100SB1968ham001- 640 -LRB101 08002 RLC 74920 a

1    Council under Section 15 of the Adult Protective Services
2    Act.
3        (aa) Information which is exempted from disclosure
4    under Section 2.37 of the Wildlife Code.
5        (bb) Information which is or was prohibited from
6    disclosure by the Juvenile Court Act of 1987.
7        (cc) Recordings made under the Law Enforcement
8    Officer-Worn Body Camera Act, except to the extent
9    authorized under that Act.
10        (dd) Information that is prohibited from being
11    disclosed under Section 45 of the Condominium and Common
12    Interest Community Ombudsperson Act.
13        (ee) Information that is exempted from disclosure
14    under Section 30.1 of the Pharmacy Practice Act.
15        (ff) Information that is exempted from disclosure
16    under the Revised Uniform Unclaimed Property Act.
17        (gg) Information that is prohibited from being
18    disclosed under Section 7-603.5 of the Illinois Vehicle
19    Code.
20        (hh) Records that are exempt from disclosure under
21    Section 1A-16.7 of the Election Code.
22        (ii) Information which is exempted from disclosure
23    under Section 2505-800 of the Department of Revenue Law of
24    the Civil Administrative Code of Illinois.
25        (jj) Information and reports that are required to be
26    submitted to the Department of Labor by registering day and

 

 

10100SB1968ham001- 641 -LRB101 08002 RLC 74920 a

1    temporary labor service agencies but are exempt from
2    disclosure under subsection (a-1) of Section 45 of the Day
3    and Temporary Labor Services Act.
4        (kk) Information prohibited from disclosure under the
5    Seizure and Forfeiture Reporting Act.
6        (ll) Information the disclosure of which is restricted
7    and exempted under Section 5-30.8 of the Illinois Public
8    Aid Code.
9        (mm) Records that are exempt from disclosure under
10    Section 4.2 of the Crime Victims Compensation Act.
11        (nn) Information that is exempt from disclosure under
12    Section 70 of the Higher Education Student Assistance Act.
13        (oo) Communications, notes, records, and reports
14    arising out of a peer support counseling session prohibited
15    from disclosure under the First Responders Suicide
16    Prevention Act.
17        (pp) Names and all identifying information relating to
18    an employee of an emergency services provider or law
19    enforcement agency under the First Responders Suicide
20    Prevention Act.
21        (qq) Information and records held by the Department of
22    Public Health and its authorized representatives collected
23    under the Reproductive Health Act.
24        (rr) Information that is exempt from disclosure under
25    the Cannabis Regulation and Tax Act.
26        (ss) Data reported by an employer to the Department of

 

 

10100SB1968ham001- 642 -LRB101 08002 RLC 74920 a

1    Human Rights pursuant to Section 2-108 of the Illinois
2    Human Rights Act.
3        (tt) Recordings made under the Children's Advocacy
4    Center Act, except to the extent authorized under that Act.
5        (uu) Information that is exempt from disclosure under
6    Section 50 of the Sexual Assault Evidence Submission Act.
7        (vv) Information that is exempt from disclosure under
8    subsections (f) and (j) of Section 5-36 of the Illinois
9    Public Aid Code.
10        (ww) Information that is exempt from disclosure under
11    Section 16.8 of the State Treasurer Act.
12        (xx) Information that is exempt from disclosure or
13    information that shall not be made public under the
14    Illinois Insurance Code.
15        (yy) Information prohibited from being disclosed under
16    the Illinois Educational Labor Relations Act.
17        (zz) Information prohibited from being disclosed under
18    the Illinois Public Labor Relations Act.
19        (aaa) Information prohibited from being disclosed
20    under Section 1-167 of the Illinois Pension Code.
21        (bbb) Information that is prohibited from disclosure
22    by the Illinois Police Training Act and the State Police
23    Act.
24(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
25100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
268-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,

 

 

10100SB1968ham001- 643 -LRB101 08002 RLC 74920 a

1eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
2100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
36-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
4eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
5101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
61-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649,
7eff. 7-7-20.)
 
8    (5 ILCS 140/7.1 rep.)
9    Section 25-15. The Freedom of Information Act is amended by
10repealing Section 7.1.
 
11    Section 25-20. The State Employee Indemnification Act is
12amended by changing Section 1 as follows:
 
13    (5 ILCS 350/1)  (from Ch. 127, par. 1301)
14    Sec. 1. Definitions. For the purpose of this Act:
15    (a) The term "State" means the State of Illinois, the
16General Assembly, the court, or any State office, department,
17division, bureau, board, commission, or committee, the
18governing boards of the public institutions of higher education
19created by the State, the Illinois National Guard, the Illinois
20State Guard, the Comprehensive Health Insurance Board, any
21poison control center designated under the Poison Control
22System Act that receives State funding, or any other agency or
23instrumentality of the State. It does not mean any local public

 

 

10100SB1968ham001- 644 -LRB101 08002 RLC 74920 a

1entity as that term is defined in Section 1-206 of the Local
2Governmental and Governmental Employees Tort Immunity Act or a
3pension fund.
4    (b) The term "employee" means: any present or former
5elected or appointed officer, trustee or employee of the State,
6or of a pension fund; any present or former commissioner or
7employee of the Executive Ethics Commission or of the
8Legislative Ethics Commission; any present or former
9Executive, Legislative, or Auditor General's Inspector
10General; any present or former employee of an Office of an
11Executive, Legislative, or Auditor General's Inspector
12General; any present or former member of the Illinois National
13Guard while on active duty; any present or former member of the
14Illinois State Guard while on State active duty; individuals or
15organizations who contract with the Department of Corrections,
16the Department of Juvenile Justice, the Comprehensive Health
17Insurance Board, or the Department of Veterans' Affairs to
18provide services; individuals or organizations who contract
19with the Department of Human Services (as successor to the
20Department of Mental Health and Developmental Disabilities) to
21provide services including but not limited to treatment and
22other services for sexually violent persons; individuals or
23organizations who contract with the Department of Military
24Affairs for youth programs; individuals or organizations who
25contract to perform carnival and amusement ride safety
26inspections for the Department of Labor; individuals who

 

 

10100SB1968ham001- 645 -LRB101 08002 RLC 74920 a

1contract with the Office of the State's Attorneys Appellate
2Prosecutor to provide legal services, but only when performing
3duties within the scope of the Office's prosecutorial
4activities; individual representatives of or designated
5organizations authorized to represent the Office of State
6Long-Term Ombudsman for the Department on Aging; individual
7representatives of or organizations designated by the
8Department on Aging in the performance of their duties as adult
9protective services agencies or regional administrative
10agencies under the Adult Protective Services Act; individuals
11or organizations appointed as members of a review team or the
12Advisory Council under the Adult Protective Services Act;
13individuals or organizations who perform volunteer services
14for the State where such volunteer relationship is reduced to
15writing; individuals who serve on any public entity (whether
16created by law or administrative action) described in paragraph
17(a) of this Section; individuals or not for profit
18organizations who, either as volunteers, where such volunteer
19relationship is reduced to writing, or pursuant to contract,
20furnish professional advice or consultation to any agency or
21instrumentality of the State; individuals who serve as foster
22parents for the Department of Children and Family Services when
23caring for youth in care as defined in Section 4d of the
24Children and Family Services Act; individuals who serve as
25members of an independent team of experts under the
26Developmental Disability and Mental Health Safety Act (also

 

 

10100SB1968ham001- 646 -LRB101 08002 RLC 74920 a

1known as Brian's Law); and individuals who serve as arbitrators
2pursuant to Part 10A of Article II of the Code of Civil
3Procedure and the rules of the Supreme Court implementing Part
410A, each as now or hereafter amended; the members of the
5Certification Review Panel under the Illinois Police Training
6Act; the term "employee" does not mean an independent
7contractor except as provided in this Section. The term
8includes an individual appointed as an inspector by the
9Director of State Police when performing duties within the
10scope of the activities of a Metropolitan Enforcement Group or
11a law enforcement organization established under the
12Intergovernmental Cooperation Act. An individual who renders
13professional advice and consultation to the State through an
14organization which qualifies as an "employee" under the Act is
15also an employee. The term includes the estate or personal
16representative of an employee.
17    (c) The term "pension fund" means a retirement system or
18pension fund created under the Illinois Pension Code.
19(Source: P.A. 100-159, eff. 8-18-17; 100-1030, eff. 8-22-18;
20101-81, eff. 7-12-19.)
 
21    Section 25-25. The Personnel Code is amended by changing
22Section 4c as follows:
 
23    (20 ILCS 415/4c)  (from Ch. 127, par. 63b104c)
24    Sec. 4c. General exemptions. The following positions in

 

 

10100SB1968ham001- 647 -LRB101 08002 RLC 74920 a

1State service shall be exempt from jurisdictions A, B, and C,
2unless the jurisdictions shall be extended as provided in this
3Act:
4        (1) All officers elected by the people.
5        (2) All positions under the Lieutenant Governor,
6    Secretary of State, State Treasurer, State Comptroller,
7    State Board of Education, Clerk of the Supreme Court,
8    Attorney General, and State Board of Elections.
9        (3) Judges, and officers and employees of the courts,
10    and notaries public.
11        (4) All officers and employees of the Illinois General
12    Assembly, all employees of legislative commissions, all
13    officers and employees of the Illinois Legislative
14    Reference Bureau and the Legislative Printing Unit.
15        (5) All positions in the Illinois National Guard and
16    Illinois State Guard, paid from federal funds or positions
17    in the State Military Service filled by enlistment and paid
18    from State funds.
19        (6) All employees of the Governor at the executive
20    mansion and on his immediate personal staff.
21        (7) Directors of Departments, the Adjutant General,
22    the Assistant Adjutant General, the Director of the
23    Illinois Emergency Management Agency, members of boards
24    and commissions, and all other positions appointed by the
25    Governor by and with the consent of the Senate.
26        (8) The presidents, other principal administrative

 

 

10100SB1968ham001- 648 -LRB101 08002 RLC 74920 a

1    officers, and teaching, research and extension faculties
2    of Chicago State University, Eastern Illinois University,
3    Governors State University, Illinois State University,
4    Northeastern Illinois University, Northern Illinois
5    University, Western Illinois University, the Illinois
6    Community College Board, Southern Illinois University,
7    Illinois Board of Higher Education, University of
8    Illinois, State Universities Civil Service System,
9    University Retirement System of Illinois, and the
10    administrative officers and scientific and technical staff
11    of the Illinois State Museum.
12        (9) All other employees except the presidents, other
13    principal administrative officers, and teaching, research
14    and extension faculties of the universities under the
15    jurisdiction of the Board of Regents and the colleges and
16    universities under the jurisdiction of the Board of
17    Governors of State Colleges and Universities, Illinois
18    Community College Board, Southern Illinois University,
19    Illinois Board of Higher Education, Board of Governors of
20    State Colleges and Universities, the Board of Regents,
21    University of Illinois, State Universities Civil Service
22    System, University Retirement System of Illinois, so long
23    as these are subject to the provisions of the State
24    Universities Civil Service Act.
25        (10) The State Police so long as they are subject to
26    the merit provisions of the State Police Act. Employees of

 

 

10100SB1968ham001- 649 -LRB101 08002 RLC 74920 a

1    the Illinois State Police Merit Board are subject to the
2    provisions of this Code.
3        (11) (Blank).
4        (12) The technical and engineering staffs of the
5    Department of Transportation, the Department of Nuclear
6    Safety, the Pollution Control Board, and the Illinois
7    Commerce Commission, and the technical and engineering
8    staff providing architectural and engineering services in
9    the Department of Central Management Services.
10        (13) All employees of the Illinois State Toll Highway
11    Authority.
12        (14) The Secretary of the Illinois Workers'
13    Compensation Commission.
14        (15) All persons who are appointed or employed by the
15    Director of Insurance under authority of Section 202 of the
16    Illinois Insurance Code to assist the Director of Insurance
17    in discharging his responsibilities relating to the
18    rehabilitation, liquidation, conservation, and dissolution
19    of companies that are subject to the jurisdiction of the
20    Illinois Insurance Code.
21        (16) All employees of the St. Louis Metropolitan Area
22    Airport Authority.
23        (17) All investment officers employed by the Illinois
24    State Board of Investment.
25        (18) Employees of the Illinois Young Adult
26    Conservation Corps program, administered by the Illinois

 

 

10100SB1968ham001- 650 -LRB101 08002 RLC 74920 a

1    Department of Natural Resources, authorized grantee under
2    Title VIII of the Comprehensive Employment and Training Act
3    of 1973, 29 USC 993.
4        (19) Seasonal employees of the Department of
5    Agriculture for the operation of the Illinois State Fair
6    and the DuQuoin State Fair, no one person receiving more
7    than 29 days of such employment in any calendar year.
8        (20) All "temporary" employees hired under the
9    Department of Natural Resources' Illinois Conservation
10    Service, a youth employment program that hires young people
11    to work in State parks for a period of one year or less.
12        (21) All hearing officers of the Human Rights
13    Commission.
14        (22) All employees of the Illinois Mathematics and
15    Science Academy.
16        (23) All employees of the Kankakee River Valley Area
17    Airport Authority.
18        (24) The commissioners and employees of the Executive
19    Ethics Commission.
20        (25) The Executive Inspectors General, including
21    special Executive Inspectors General, and employees of
22    each Office of an Executive Inspector General.
23        (26) The commissioners and employees of the
24    Legislative Ethics Commission.
25        (27) The Legislative Inspector General, including
26    special Legislative Inspectors General, and employees of

 

 

10100SB1968ham001- 651 -LRB101 08002 RLC 74920 a

1    the Office of the Legislative Inspector General.
2        (28) The Auditor General's Inspector General and
3    employees of the Office of the Auditor General's Inspector
4    General.
5        (29) All employees of the Illinois Power Agency.
6        (30) Employees having demonstrable, defined advanced
7    skills in accounting, financial reporting, or technical
8    expertise who are employed within executive branch
9    agencies and whose duties are directly related to the
10    submission to the Office of the Comptroller of financial
11    information for the publication of the Comprehensive
12    Annual Financial Report (CAFR).
13        (31) All employees of the Illinois Sentencing Policy
14    Advisory Council.
15(Source: P.A. 100-1148, eff. 12-10-18.)
 
16    Section 25-30. The Department of State Police Law of the
17Civil Administrative Code of Illinois is amended by changing
18Section 2605-50 as follows:
 
19    (20 ILCS 2605/2605-50)  (was 20 ILCS 2605/55a-6)
20    Sec. 2605-50. Division of Internal Investigation. The
21Division of Internal Investigation shall initiate internal
22departmental investigations and, at the direction of the
23Governor, investigate complaints and initiate investigations
24of official misconduct by State officers and State employees

 

 

10100SB1968ham001- 652 -LRB101 08002 RLC 74920 a

1under the jurisdiction of the Governor. Notwithstanding any
2other provisions of law, the Division shall serve as the
3investigative body for the Illinois State Police for purposes
4of compliance with the provisions of Sections 12.6 and 12.7 of
5this Act.
6(Source: P.A. 91-239, eff. 1-1-00.)
 
7    Section 25-35. The State Police Act is amended by changing
8Sections 3, 6, 8, and 9 and by adding Sections 6.5, 11.5, 11.6,
912.6, 12.7, 40.1, and 46 as follows:
 
10    (20 ILCS 2610/3)  (from Ch. 121, par. 307.3)
11    Sec. 3. The Governor shall appoint, by and with the advice
12and consent of the Senate, a Department of State Police Merit
13Board, hereinafter called the Board, consisting of 7 5 members
14to hold office. The Governor shall appoint new board members
15within 30 days for the vacancies created under this amendatory
16Act. Board members shall be appointed to four-year terms. No
17member shall be appointed to more than 2 terms. In making the
18appointments, the Governor shall make a good faith effort to
19appoint members reflecting the geographic, ethic, and cultural
20diversity of this State. In making the appointments, the
21Governor should also consider appointing: persons with
22professional backgrounds, possessing legal, management,
23personnel, or labor experience; at least one member with at
24least 10 years of experience as a licensed physician or

 

 

10100SB1968ham001- 653 -LRB101 08002 RLC 74920 a

1clinical psychologist with expertise in mental health; and at
2least one member affiliated with an organization commitment to
3social and economic rights and to eliminating discrimination. ,
4one until the third Monday in March, 1951, one until the third
5Monday in March, 1953, and one until the third Monday in March,
61955, and until their respective successors are appointed and
7qualified. One of the members added by this amendatory Act of
81977 shall serve a term expiring on the third Monday in March,
91980, and until his successor is appointed and qualified, and
10one shall serve a term expiring on the third Monday in March,
111982, and until his successor is appointed and qualified. Upon
12the expiration of the terms of office of those first appointed,
13their respective successors shall be appointed to hold office
14from the third Monday in March of the year of their respective
15appointments for a term of six years and until their successors
16are appointed and qualified for a like term. No more than 4 3
17members of the Board shall be affiliated with the same
18political party. If the Senate is not in session at the time
19initial appointments are made pursuant to this section, the
20Governor shall make temporary appointments as in the case of a
21vacancy. In order to avoid actual conflicts of interest, or the
22appearance of conflicts of interest, no board member shall be a
23retired or former employee of the Illinois State Police. When a
24Board member may have an actual, perceived, or potential
25conflict of interest that could prevent the Board member from
26making a fair and impartial decision on a complaint or formal

 

 

10100SB1968ham001- 654 -LRB101 08002 RLC 74920 a

1complaint against an Illinois State Police officer, the Board
2member shall recuse himself or herself; or If the Board member
3fails to recuse himself or herself, then the Board may, by a
4simple majority, vote to recuse the Board member.
5(Source: P.A. 87-284.)
 
6    (20 ILCS 2610/6)  (from Ch. 121, par. 307.6)
7    Sec. 6. The Board is authorized to employ such clerical and
8technical staff assistants, not to exceed fifteen, as may be
9necessary to enable the Board to transact its business and, if
10the rate of compensation is not otherwise fixed by law, to fix
11their compensation. In order to avoid actual conflicts of
12interest, or the appearance of conflicts of interest, no
13employee, contractor, clerical or technical staff shall be a
14retired or former employee of the Illinois State Police. All
15employees shall be subject to the Personnel Code.
16(Source: Laws 1949, p. 1357.)
 
17    (20 ILCS 2610/6.5 new)
18    Sec. 6.5. Badges. No badge, star, or shield shall be
19issued to Board members, employees, contractors, clerical or
20technical staff.
 
21    (20 ILCS 2610/8)  (from Ch. 121, par. 307.8)
22    Sec. 8. Board jurisdiction.
23    (a) The Board shall exercise jurisdiction over the

 

 

10100SB1968ham001- 655 -LRB101 08002 RLC 74920 a

1certification for appointment and promotion, and over the
2discipline, removal, demotion and suspension of Department of
3State Police officers. The Board and the Illinois State Police
4should also ensure Illinois State Police cadets and officers
5represent the utmost integrity and professionalism and
6represent the geographic, ethnic, and cultural diversity of
7this State. The Board shall also exercise jurisdiction to
8certify and terminate Illinois State Police Officers in
9compliance with certification standards consistent with
10Sections 9, 11.5, and 12.6 of this Act. Pursuant to recognized
11merit principles of public employment, the Board shall
12formulate, adopt, and put into effect rules, regulations and
13procedures for its operation and the transaction of its
14business. The Board shall establish a classification of ranks
15of persons subject to its jurisdiction and shall set standards
16and qualifications for each rank. Each Department of State
17Police officer appointed by the Director shall be classified as
18a State Police officer as follows: trooper, sergeant, master
19sergeant, lieutenant, captain, major, or Special Agent.
20    (b) The Board shall publish all standards and
21qualifications for each rank, including Cadet, on its website.
22This shall include, but not be limited to, all physical
23fitness, medical, visual, and hearing standards. The Illinois
24State Police shall cooperate with the Board by providing any
25necessary information to complete this requirement.
26(Source: P.A. 100-49, eff. 1-1-18.)
 

 

 

10100SB1968ham001- 656 -LRB101 08002 RLC 74920 a

1    (20 ILCS 2610/9)  (from Ch. 121, par. 307.9)
2    Sec. 9. Appointment; qualifications.
3    (a) Except as otherwise provided in this Section, the
4appointment of Department of State Police officers shall be
5made from those applicants who have been certified by the Board
6as being qualified for appointment. All persons so appointed
7shall, at the time of their appointment, be not less than 21
8years of age, or 20 years of age and have successfully
9completed an associate's degree or 60 credit hours at an
10accredited college or university. Any person appointed
11subsequent to successful completion of an associate's degree or
1260 credit hours at an accredited college or university shall
13not have power of arrest, nor shall he or she be permitted to
14carry firearms, until he or she reaches 21 years of age. In
15addition, all persons so certified for appointment shall be of
16sound mind and body, be of good moral character, be citizens of
17the United States, have no criminal records, possess such
18prerequisites of training, education, and experience as the
19Board may from time to time prescribe so long as persons who
20have an associate's degree or 60 credit hours at an accredited
21college or university are not disqualified, and shall be
22required to pass successfully such mental and physical tests
23and examinations as may be prescribed by the Board. All persons
24who meet one of the following requirements are deemed to have
25met the collegiate educational requirements:

 

 

10100SB1968ham001- 657 -LRB101 08002 RLC 74920 a

1        (i) have been honorably discharged and who have been
2    awarded a Southwest Asia Service Medal, Kosovo Campaign
3    Medal, Korean Defense Service Medal, Afghanistan Campaign
4    Medal, Iraq Campaign Medal, or Global War on Terrorism
5    Expeditionary Medal by the United States Armed Forces;
6        (ii) are active members of the Illinois National Guard
7    or a reserve component of the United States Armed Forces
8    and who have been awarded a Southwest Asia Service Medal,
9    Kosovo Campaign Medal, Korean Defense Service Medal,
10    Afghanistan Campaign Medal, Iraq Campaign Medal, or Global
11    War on Terrorism Expeditionary Medal as a result of
12    honorable service during deployment on active duty;
13        (iii) have been honorably discharged who served in a
14    combat mission by proof of hostile fire pay or imminent
15    danger pay during deployment on active duty; or
16        (iv) have at least 3 years of full active and
17    continuous military duty and received an honorable
18    discharge before hiring.
19    Preference shall be given in such appointments to persons
20who have honorably served in the military or naval services of
21the United States. All appointees shall serve a probationary
22period of 12 months from the date of appointment and during
23that period may be discharged at the will of the Director.
24However, the Director may in his or her sole discretion extend
25the probationary period of an officer up to an additional 6
26months when to do so is deemed in the best interest of the

 

 

10100SB1968ham001- 658 -LRB101 08002 RLC 74920 a

1Department. Nothing in this subsection (a) limits the Board's
2ability to prescribe education prerequisites or requirements
3to certify Department of State Police officers for promotion as
4provided in Section 10 of this Act.
5    (b) Notwithstanding the other provisions of this Act, after
6July 1, 1977 and before July 1, 1980, the Director of State
7Police may appoint and promote not more than 20 persons having
8special qualifications as special agents as he or she deems
9necessary to carry out the Department's objectives. Any such
10appointment or promotion shall be ratified by the Board.
11    (c) During the 90 days following the effective date of this
12amendatory Act of 1995, the Director of State Police may
13appoint up to 25 persons as State Police officers. These
14appointments shall be made in accordance with the requirements
15of this subsection (c) and any additional criteria that may be
16established by the Director, but are not subject to any other
17requirements of this Act. The Director may specify the initial
18rank for each person appointed under this subsection.
19    All appointments under this subsection (c) shall be made
20from personnel certified by the Board. A person certified by
21the Board and appointed by the Director under this subsection
22must have been employed by the Illinois Commerce Commission on
23November 30, 1994 in a job title subject to the Personnel Code
24and in a position for which the person was eligible to earn
25"eligible creditable service" as a "noncovered employee", as
26those terms are defined in Article 14 of the Illinois Pension

 

 

10100SB1968ham001- 659 -LRB101 08002 RLC 74920 a

1Code.
2    Persons appointed under this subsection (c) shall
3thereafter be subject to the same requirements and procedures
4as other State police officers. A person appointed under this
5subsection must serve a probationary period of 12 months from
6the date of appointment, during which he or she may be
7discharged at the will of the Director.
8    This subsection (c) does not affect or limit the Director's
9authority to appoint other State Police officers under
10subsection (a) of this Section.
11    (d) During the 180 days following the effective date of
12this amendatory Act of the 101st General Assembly, the Director
13of the Illinois State Police may appoint current Illinois State
14Police Employees serving in law enforcement officer positions
15previously within Central Management Services as State Police
16Officers. These appointments shall be made in accordance with
17the requirements of this subsection (d) and any institutional
18criteria that may be established by the Director, but are not
19subject to any other requirements of this Act. All appointments
20under this subsection (d) shall be made from personnel
21certified by the Board. A person certified by the Board and
22appointed by the Director under this subsection must have been
23employed by the a state agency, board, or commission on January
241, 2021, in a job title subject to the Personnel Code and in a
25position for which the person was eligible to earn "eligible
26creditable service" as a "noncovered employee", as those terms

 

 

10100SB1968ham001- 660 -LRB101 08002 RLC 74920 a

1are defined in Article 14 of the Illinois Pension Code. Persons
2appointed under this subsection (d) shall thereafter be subject
3to the same requirements, and subject to the same contractual
4benefits and obligations, as other State police officers. This
5subsection (d) does not affect or limit the Director's
6authority to appoint other State Police officers under
7subsection (a) of this Section.
8    (e) The Merit Board shall review Illinois State Police
9Cadet applicants. The Illinois State Police may provide
10background check and investigation material to the Board for
11their review 10 pursuant to this section. The Board shall
12approve and ensure that no cadet applicant is certified unless
13the applicant is a person of good character and has not been
14convicted of, or entered a plea of guilty to, a felony offense,
15any of the misdemeanors in Section or if committed in any other
16state would be an offense similar to 11-1.50, 11-6, 11-6.5,
1711-6.6, 11-9.1, 11-14, 11-14.1, 11-30, 12-2, 12- 3.2, 12-3.5,
1816-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any
19misdemeanor in violation of any section of Part E of Title III
20of the Criminal Code of 1961 or the Criminal Code of 2012,
2132-4a, or 32-7 of the Criminal Code of 1961 or the Criminal
22Code of 2012, or subsection (a) of Section 17-32 of the
23Criminal Code of 1961 or the Criminal Code of 2012, to Section
245 or 5.2 of the Cannabis Control Act, or any felony or
25misdemeanor in violation of federal law or the law of any state
26that is the equivalent of any of the offenses specified

 

 

10100SB1968ham001- 661 -LRB101 08002 RLC 74920 a

1therein. The Officer Misconduct Database, provided in Section
29.2 of the Illinois Police Training Act, shall be searched as
3part of this process. For purposes of this Section "convicted
4of, or entered a plea of guilty" regardless of whether the
5adjudication of guilt or sentence is withheld or not entered
6thereon. This includes sentences of supervision, conditional
7discharge, or first offender probation, or any similar
8disposition provided for by law.
9    (f) The Board shall by rule establish an application fee
10waiver program for any person who meets one or more of the
11following criteria:
12        (1) his or her available personal income is 200% or
13    less of the current poverty level; or
14        (2) he or she is, in the discretion of the Board,
15    unable to proceed in an action with payment of application
16    fee and payment of that fee would result in substantial
17    hardship to the person or the person's family.
18(Source: P.A. 100-11, eff. 7-1-17; 101-374, eff. 1-1-20.)
 
19    (20 ILCS 2610/11.5 new)
20    Sec. 11.5. Merit Board annual report.
21    (a) The Illinois State Police Merit Board shall report
22annually to the Governor and General Assembly the following
23information:
24        (1) the number of state police officers terminated in
25    the preceding calendar year;

 

 

10100SB1968ham001- 662 -LRB101 08002 RLC 74920 a

1        (2) the number of cadet written tests administered and
2    the pass and fail rate;
3        (3) cadet physical fitness testing and locations;
4        (4) the number of cadet applicants who administered a
5    physical fitness test and the pass and fail rate;
6        (5) the number of cadet applicants who failed the
7    background investigation and general categories for
8    failure; and
9        (6) the number of cadet applicants certified for each
10    cadet class.
11    (b) The Board shall also report the number of promotional
12tests and assessments administered and the number of persons
13who were certified for promotion. All reported categories and
14data shall contain a gender and ethnic breakdown for those
15individuals. The Illinois State Police shall cooperate with the
16Board by providing any necessary information to complete this
17annual report. The report shall also identify strategies for
18promoting diversity and inclusion in all testing, including
19promotional testing, and cadet recruitment, and barriers to
20advancement of these goals. The first report shall be filed no
21later than March 31, 2022.
 
22    (20 ILCS 2610/11.6 new)
23    Sec. 11.6. Illinois State Police annual disciplinary data
24report.
25    (a) The Illinois State Police shall report annually to the

 

 

10100SB1968ham001- 663 -LRB101 08002 RLC 74920 a

1Governor and General Assembly the following statistical
2information, which may be part of its annual report, pursuant
3to Section 5-650 of the Civil Administrative Code of Illinois:
4        (1) the number of complaints received in the preceding
5    calendar year against an Illinois State Police officer,
6    including but not limited to the race, gender, and type of
7    complaints received;
8        (2) the number of internal investigations initiated in
9    the preceding calendar year since the date of the last
10    report;
11        (3) the number of internal investigations concluded in
12    the preceding calendar year;
13        (4) the number of investigations pending as of the
14    reporting date;
15        (5) the number of Merit Board referrals;
16        (6) the number of officers decertified in the preceding
17    calendar year; and
18        (7) the number of investigations that led to a
19    determination of: administratively closed, exonerated, not
20    sustained, sustained, and unfounded.
21    (b) This report shall not contain any personal identifiable
22information or case specific information.
23    (c) This report shall be filed beginning March 1, 2023, or
24whenever the agency files its annual report.
 
25    (20 ILCS 2610/12.6 new)

 

 

10100SB1968ham001- 664 -LRB101 08002 RLC 74920 a

1    Sec. 12.6. Automatic termination of Illinois State Police
2officers. The Board shall terminate a state police officer
3convicted of a felony offense under the laws of this State or
4any other state which if committed in this State would be
5punishable as a felony. The Board must also terminate Illinois
6State Police officers who were convicted of, or entered a plea
7of guilty to, on or after the effective date of this amendatory
8Act of the 101st General Assembly, any misdemeanor specified in
9this Section or if committed in any other state would be an
10offense similar to Section 11-1.50, 11-6, 11-6.5, 11-6.6,
1111-9.1, 11-14, 11-14.1, 11-30, 12-2, 12-3.2, 12-3.5, 16-1,
1217-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor
13in violation of any section of Part E of Title III of the
14Criminal Code of 1961 or the Criminal Code of 2012, 32-4a, or
1532-7 of the Criminal Code of 1961 or the Criminal Code of 2012,
16or subsection (a) of Section 17-32 of the Criminal Code of 1961
17or the Criminal Code of 2012, to Section 5 or 5.2 of the
18Cannabis Control Act, or any felony or misdemeanor in violation
19of federal law or the law of any state that is the equivalent
20of any of the offenses specified therein. The Illinois State
21Police Merit Board shall report terminations under this Section
22to the Officer Misconduct Database, provided in Section 9.2 of
23the Illinois Police Training Act. For purposes of this section
24"convicted of, or entered a plea of guilty" regardless of
25whether the adjudication of guilt or sentence is withheld or
26not entered thereon. This includes sentences of supervision,

 

 

10100SB1968ham001- 665 -LRB101 08002 RLC 74920 a

1conditional discharge, or first offender probation, or any
2similar disposition provided for by law.
 
3    (20 ILCS 2610/12.7 new)
4    Sec. 12.7. Discretionary termination of Illinois State
5Police officers.
6     (a) Definitions. For purposes of this Section 6.3:
7    "Duty to Intervene" means an obligation to intervene to
8prevent harm from occurring that arises when an officer is
9present and has reason to know:
10        (1) that excessive force is being used; or
11        (2) that any constitutional violation has been
12    committed by a law enforcement official; and the officer
13    has a realistic opportunity to intervene.
14    This duty applies equally to supervisory and
15    nonsupervisory officers. If aid is required, the officer
16    shall not, when reasonable to administer aid, knowingly and
17    willingly refuse to render aid as defined by State or
18    federal law. An officer does not violate this duty if the
19    failure to render aid is due to circumstances such as lack
20    of appropriate specialized training, lack of resources or
21    equipment, or both, or if it is unsafe or impracticable to
22    render aid.
23    "Excessive use of force" means using force in violation of
24State or federal law.
25    "False statement" means:

 

 

10100SB1968ham001- 666 -LRB101 08002 RLC 74920 a

1        (1) any knowingly false statement provided on a form or
2    report;
3        (2) that the writer does not believe to be true; and
4        (3) that the writer includes to mislead a public
5    servant in performing that public servant's official
6    functions.
7    "Perjury" has the meaning as defined under Sections 32-2
8and 32-3 of the Criminal Code of 2012.
9    "Tampers with or fabricates evidence" means if a law
10enforcement officer:
11        (1) has reason to believe that an official proceeding
12    is pending or may be instituted; and
13        (2) alters, destroys, conceals, or removes any record,
14    document, data, video or thing to impair its validity or
15    availability in the proceeding.
16    (b) Discretionary termination conduct. The Board may
17terminate an Illinois State Police officer upon a determination
18by the Board that the Illinois State Police officer has:
19        (1) committed an act that would constitute a felony or
20    misdemeanor which could serve as basis for automatic
21    decertification, whether or not the law enforcement
22    officer was criminally prosecuted, and whether or not the
23    law enforcement officer's employment was terminated;
24        (2) exercised excessive use of force;
25        (3) failed to comply with the officer's duty to
26    intervene, including through acts or omission;

 

 

10100SB1968ham001- 667 -LRB101 08002 RLC 74920 a

1        (4) tampered with a dash camera or body-worn camera or
2    data recorded by a dash camera or body-worn camera or
3    directed another to tamper with or turn off a dash camera
4    or body-worn camera or data recorded by a dash camera or
5    body-worn camera for the purpose of concealing, destroying
6    or altering potential evidence;
7        (5) engaged in the following conduct relating to the
8    reporting, investigation, or prosecution of a crime:
9    committed perjury, made a false statement, or knowingly
10    tampered with or fabricated evidence;
11        (6) engaged in any unprofessional, unethical,
12    deceptive, or deleterious conduct or practice harmful to
13    the public; such conduct or practice need not have resulted
14    in actual injury to any person. As used in this paragraph,
15    the term "unprofessional conduct" shall include any
16    departure from, or failure to conform to, the minimal
17    standards of acceptable and prevailing practice of an
18    officer.
19    (b) If an officer enters a plea of guilty, nolo contendere,
20stipulates to the facts or is found guilty of a violation of
21any law, or if there is any other Board or judicial
22determination that will support any punitive measure taken
23against the officer, such action by the officer or judicial
24entity may be considered for the purposes of this Section.
25Termination under this Section shall be by clear and convincing
26evidence. If the Board votes to terminate, the Board shall put

 

 

10100SB1968ham001- 668 -LRB101 08002 RLC 74920 a

1its decision in writing, setting forth the specific reasons for
2its decision. Final decisions under this Section are reviewable
3under the Administrative Review Law.
4    (c) The Illinois State Police Merit Board shall report all
5terminations under this Section to the Officer Misconduct
6Database, provided in Section 9.2 of the Illinois Police
7Training Act.
8    (d) Nothing in this Act shall require an Illinois State
9Police officer to waive any applicable constitutional rights.
10    (e) Nothing in this Section shall prohibit the Merit Board
11from administering discipline up to and including termination
12for violations of Illinois State Police policies and procedures
13pursuant to other sections of this Act.
 
14    (20 ILCS 2610/40.1 new)
15    Sec. 40.1. Mandated training compliance. The Director of
16the Illinois State Police and the Illinois State Police Academy
17shall ensure all Illinois State Police cadets and officers
18comply with all statutory, regulatory, and department mandated
19training.
 
20    (20 ILCS 2610/46 new)
21    Sec. 46. Officer Professional Conduct Database; reporting,
22transparency.
23    (a) The Illinois State Police Merit Board shall be
24responsible for reporting all required information contained

 

 

10100SB1968ham001- 669 -LRB101 08002 RLC 74920 a

1in the Officer Misconduct Database, provided in Section 9.2 of
2the Illinois Police Training Act.
3    (b) Before the Illinois State Police Merit Board certifies
4any Illinois State Police Cadet the Board shall conduct a
5search of all Illinois State Police Cadet applicants in the
6Officer Professional Conduct Database.
7    (c) The database, documents, materials, or other
8information in the possession or control of the Board that are
9obtained by or disclosed to the Board pursuant to this
10subsection shall be confidential by law and privileged, shall
11not be subject to subpoena, and shall not be subject to
12discovery or admissible in evidence in any private civil
13action. However, the Board is authorized to use such documents,
14materials, or other information in furtherance of any
15regulatory or legal action brought as part of the Board's
16official duties. Unless otherwise required by law, the Board
17shall not disclose the database or make such documents,
18materials, or other information public without the prior
19written consent of the governmental agency and the law
20enforcement officer. The Board nor any person who received
21documents, materials or other information shared pursuant to
22this subsection shall be required to testify in any private
23civil action concerning the database or any confidential
24documents, materials, or information subject to this
25subsection.
26    Nothing in this Section shall exempt a governmental agency

 

 

10100SB1968ham001- 670 -LRB101 08002 RLC 74920 a

1from disclosing public records in accordance with the Freedom
2of Information Act.
 
3    Section 25-40. The Illinois Police Training Act is amended
4by changing Sections 2, 3, 6, 6.1, 7, 7.5, 8, 8.1, 8.2, 9, 10,
510.1, 10.2, 10.3, 10.7, 10.11, 10.12, 10.13, 10.16, 10.18,
610.19, 10.20, and 10.22 and by adding Sections 3.1, 6.3, 6.6,
76.7, 8.3, 8.4, 9.2, and 13 as follows:
 
8    (50 ILCS 705/2)  (from Ch. 85, par. 502)
9    Sec. 2. Definitions. As used in this Act, unless the
10context otherwise requires:
11    "Board" means the Illinois Law Enforcement Training
12Standards Board.
13    "Full-time law enforcement officer" means a law
14enforcement officer who has completed the officer's
15probationary period and is employed on a full-time basis as a
16law enforcement officer by a local government agency, State
17government agency, or as a campus police officer by a
18participating State-controlled university, college, or public
19community college.
20    "Governmental agency" means any local governmental agency
21and any State governmental agency.
22    "Local governmental agency" means any local governmental
23unit or municipal corporation in this State. It does not
24include the State of Illinois or any office, officer,

 

 

10100SB1968ham001- 671 -LRB101 08002 RLC 74920 a

1department, division, bureau, board, commission, or agency of
2the State, except that it does include a State-controlled
3university, college or public community college.
4    "State governmental agency" means any governmental unit of
5this State. This includes any office, officer, department,
6division, bureau, board, commission, or agency of the State. It
7does not include the Illinois State Police as defined in the
8State Police Act.
9    "Panel" means the Certification Review Panel.
10    "Police training school" means any school located within
11the State of Illinois whether privately or publicly owned which
12offers a course in police or county corrections training and
13has been approved by the Board.
14    "Probationary police officer" means a recruit law
15enforcement officer required to successfully complete initial
16minimum basic training requirements at a police training school
17to be eligible for permanent full-time employment as a local
18law enforcement officer.
19    "Probationary part-time police officer" means a recruit
20part-time law enforcement officer required to successfully
21complete initial minimum part-time training requirements to be
22eligible for employment on a part-time basis as a local law
23enforcement officer.
24    "Permanent law enforcement police officer" means a law
25enforcement officer who has completed the officer's his or her
26probationary period and is permanently employed on a full-time

 

 

10100SB1968ham001- 672 -LRB101 08002 RLC 74920 a

1basis as a local law enforcement officer by a participating
2local governmental unit or as a security officer or campus
3police officer policeman permanently employed by a
4participating State-controlled university, college, or public
5community college.
6    "Part-time law enforcement police officer" means a law
7enforcement officer who has completed the officer's his or her
8probationary period and is employed on a part-time basis as a
9law enforcement officer by a participating unit of local
10government or as a campus police officer policeman by a
11participating State-controlled university, college, or public
12community college.
13    "Law enforcement officer" means (i) any police officer of a
14local governmental agency who is primarily responsible for
15prevention or detection of crime and the enforcement of the
16criminal code, traffic, or highway laws of this State or any
17political subdivision of this State or (ii) any member of a
18police force appointed and maintained as provided in Section 2
19of the Railroad Police Act.
20    "Recruit" means any full-time or part-time law enforcement
21officer or full-time county corrections officer who is enrolled
22in an approved training course.
23    "Probationary county corrections officer" means a recruit
24county corrections officer required to successfully complete
25initial minimum basic training requirements at a police
26training school to be eligible for permanent employment on a

 

 

10100SB1968ham001- 673 -LRB101 08002 RLC 74920 a

1full-time basis as a county corrections officer.
2    "Permanent county corrections officer" means a county
3corrections officer who has completed the officer's his
4probationary period and is permanently employed on a full-time
5basis as a county corrections officer by a participating local
6governmental unit.
7    "County corrections officer" means any sworn officer of the
8sheriff who is primarily responsible for the control and
9custody of offenders, detainees or inmates.
10    "Probationary court security officer" means a recruit
11court security officer required to successfully complete
12initial minimum basic training requirements at a designated
13training school to be eligible for employment as a court
14security officer.
15    "Permanent court security officer" means a court security
16officer who has completed the officer's his or her probationary
17period and is employed as a court security officer by a
18participating local governmental unit.
19    "Court security officer" has the meaning ascribed to it in
20Section 3-6012.1 of the Counties Code.
21(Source: P.A. 94-846, eff. 1-1-07.)
 
22    (50 ILCS 705/3)  (from Ch. 85, par. 503)
23    Sec. 3. Board - composition - appointments - tenure -
24vacancies.
25    (a) The Board shall be composed of 18 members selected as

 

 

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1follows: The Attorney General of the State of Illinois, the
2Director of State Police, the Director of Corrections, the
3Superintendent of the Chicago Police Department, the Sheriff of
4Cook County, the Clerk of the Circuit Court of Cook County, who
5shall serve as ex officio members, and the following to be
6appointed by the Governor: 2 mayors or village presidents of
7Illinois municipalities, 2 Illinois county sheriffs from
8counties other than Cook County, 2 managers of Illinois
9municipalities, 2 chiefs of municipal police departments in
10Illinois having no Superintendent of the Police Department on
11the Board, 2 citizens of Illinois who shall be members of an
12organized enforcement officers' association, one active member
13of a statewide association representing sheriffs, and one
14active member of a statewide association representing
15municipal police chiefs. The appointments of the Governor shall
16be made on the first Monday of August in 1965 with 3 of the
17appointments to be for a period of one year, 3 for 2 years, and
183 for 3 years. Their successors shall be appointed in like
19manner for terms to expire the first Monday of August each 3
20years thereafter. All members shall serve until their
21respective successors are appointed and qualify. Vacancies
22shall be filled by the Governor for the unexpired terms. Any ex
23officio member may appoint a designee to the Board who shall
24have the same powers and immunities otherwise conferred to the
25member of the Board, including the power to vote and be counted
26toward quorum, so long as the member is not in attendance.

 

 

10100SB1968ham001- 675 -LRB101 08002 RLC 74920 a

1        (b) When a Board member may have an actual, perceived,
2or potential conflict of interest or appearance of bias that
3could prevent the Board member from making a fair and impartial
4decision regarding decertification:
5        (1) The Board member shall recuse himself or herself.
6        (2) If the Board member fails to recuse himself or
7    herself, then the Board may, by a simple majority of the
8    remaining members, vote to recuse the Board member. Board
9    members who are found to have voted on a matter in which
10    they should have recused themselves may be removed from the
11    Board by the Governor.
12    A conflict of interest or appearance of bias may include,
13but is not limited to, matters where one of the following is a
14party to a decision on a decertification or formal complaint:
15someone with whom the member has an employment relationship;
16any of the following relatives: spouse, parents, children,
17adopted children, legal wards, stepchildren, step parents,
18step siblings, half siblings, siblings, parents-in-law,
19siblings-in-law, children-in-law, aunts, uncles, nieces, and
20nephews; a friend; or a member of a professional organization,
21association, or a union in which the member now actively
22serves.
23    (c) A vacancy in members does not prevent a quorum of the
24remaining sitting members from exercising all rights and
25performing all duties of the Board.
26    (d) An individual serving on the Board shall not also serve

 

 

10100SB1968ham001- 676 -LRB101 08002 RLC 74920 a

1on the Panel.
2(Source: P.A. 99-651, eff. 7-28-16; 100-995, eff. 8-20-18.)
 
3    (50 ILCS 705/3.1 new)
4    Sec. 3.1. Illinois Law Enforcement Certification Review
5Panel.
6    (a) There is hereby created the Illinois Law Enforcement
7Certification Review Panel. The Panel shall be composed of the
8following members, to be appointed in accordance with this
9Section no later than 30 days after the effective date of this
10amendatory Act of the 101st General Assembly. An individual
11serving on the Panel shall not also serve on the Board.
12        (1) The Governor shall appoint 3 members as prescribed
13    in this paragraph (1): one person who shall be an active
14    member from a statewide association representing State's
15    Attorneys; and 2 persons who shall be Illinois residents
16    who are from communities with disproportionately high
17    instances of interaction with law enforcement, as
18    indicated by a high need, underserved community with high
19    rates of gun violence, unemployment, child poverty, and
20    commitments to Illinois Department of Corrections, but who
21    are not themselves law enforcement officers. The initial
22    appointments of the Governor shall be for a period of 3
23    years. Their successors shall be appointed in like manner
24    for terms to expire the first Monday of June each 3 years
25    thereafter. All members shall serve until their respective

 

 

10100SB1968ham001- 677 -LRB101 08002 RLC 74920 a

1    successors are appointed and qualify. Vacancies shall be
2    filled by the Governor for the unexpired terms. Terms shall
3    run regardless of whether the position is vacant.
4        (2) The Attorney General shall appoint 8 members as
5    prescribed in this paragraph (2): two persons who shall be
6    active members of statewide organization representing more
7    than 20,000 active and retired law enforcement officers;
8    one person who shall be an active member of a statewide
9    association representing a minimum of 75 sheriffs; one
10    person who shall be an active member of a statewide
11    association representing at least 200 municipal police
12    chiefs; two persons who shall be active members of a
13    minority law enforcement association; one person who shall
14    be a representative of the victims' advocacy community but
15    shall not be a member of law enforcement; and one person
16    who shall be a resident of Illinois and shall not be an
17    employee of the Office of the Illinois Attorney General.
18    The members shall serve for a 3-year term and until their
19    respective successors are appointed and qualify. The
20    members' successors shall be appointed in like manner for
21    terms to expire the first Monday of June each 3 years
22    thereafter. Any vacancy of these positions shall be filled
23    by the Attorney General for the unexpired term. The term
24    shall run regardless of whether the position is vacant.
25    (b) The Panel shall annually elect by a simple majority
26vote one of its members as chairperson and one of its members

 

 

10100SB1968ham001- 678 -LRB101 08002 RLC 74920 a

1as vice-chairperson. The vice-chairperson shall serve in the
2place of the chairperson at any meeting of the Panel in which
3the chairperson is not present. If both the chairperson and the
4vice-chairperson are absent at any meeting, the members present
5shall elect by a simple majority vote another member to serve
6as a temporary chairperson for the limited purpose of that
7meeting. No member shall be elected more than twice in
8succession to the same office. Each member shall serve until
9that member's successor has been elected and qualified.
10    (c) The Board shall provide administrative assistance to
11the Panel.
12    (d) The members of the Panel shall serve without
13compensation but shall be entitled to reimbursement for their
14actual and necessary expenses in attending meetings and in the
15performance of their duties hereunder.
16    (e) Members of the Panel will receive initial and annual
17training that is adequate in quality, quantity, scope, and
18type, and will cover, at minimum the following topics:
19        (1) constitutional and other relevant law on
20    police-community encounters, including the law on the use
21    of force and stops, searches, and arrests;
22        (2) police tactics;
23        (3) investigations of police conduct;
24        (4) impartial policing;
25        (5) policing individuals in crisis;
26        (6) Illinois police policies, procedures, and

 

 

10100SB1968ham001- 679 -LRB101 08002 RLC 74920 a

1    disciplinary rules;
2        (7) procedural justice; and
3        (8) community outreach.
4    (f) The State shall indemnify and hold harmless members of
5the Panel for all of their acts, omissions, decisions, or other
6conduct arising out of the scope of their service on the Panel,
7except those involving willful or wanton misconduct. The method
8of providing indemnification shall be as provided in the State
9Employee Indemnification Act.
10    (g) When a Panel member may have an actual, perceived, or
11potential conflict of interest or appearance of bias that could
12prevent the Panel member from making a fair and impartial
13decision on a complaint or formal complaint:
14        (1) The Panel member shall recuse himself or herself.
15        (2) If the Panel member fails to recuse himself or
16    herself, then the remaining members of the Panel may, by a
17    simple majority, vote to recuse the Panel member. Any Panel
18    member who is found to have voted on a matter in which they
19    should have recused themselves may be removed from the
20    Panel by the State official who initially appointed the
21    Panel member. A conflict of interest or appearance of bias
22    may include, but is not limited to, matters where one of
23    the following is a party to a certification decision for
24    formal complaint: someone with whom the member has an
25    employment relationship; any of the following relatives:
26    spouse, parents, children, adopted children, legal wards,

 

 

10100SB1968ham001- 680 -LRB101 08002 RLC 74920 a

1    stepchildren, stepparents, step siblings, half siblings,
2    siblings, parents-in-law, siblings-in-law,
3    children-in-law, aunts, uncles, nieces, and nephews; a
4    friend; or a member of a professional organization,
5    association, or a union in which the member now actively
6    serves.
7    (h) A vacancy in membership does not impair the ability of
8a quorum to exercise all rights and perform all duties of the
9Panel.
 
10    (50 ILCS 705/6)  (from Ch. 85, par. 506)
11    Sec. 6. Powers and duties of the Board; selection and
12certification of schools. The Board shall select and certify
13schools within the State of Illinois for the purpose of
14providing basic training for probationary law enforcement
15police officers, probationary county corrections officers, and
16court security officers and of providing advanced or in-service
17training for permanent law enforcement police officers or
18permanent county corrections officers, which schools may be
19either publicly or privately owned and operated. In addition,
20the Board has the following power and duties:
21        a. To require local governmental units, to furnish such
22    reports and information as the Board deems necessary to
23    fully implement this Act.
24        b. To establish appropriate mandatory minimum
25    standards relating to the training of probationary local

 

 

10100SB1968ham001- 681 -LRB101 08002 RLC 74920 a

1    law enforcement officers or probationary county
2    corrections officers, and in-service training of permanent
3    law enforcement police officers.
4        c. To provide appropriate certification to those
5    probationary officers who successfully complete the
6    prescribed minimum standard basic training course.
7        d. To review and approve annual training curriculum for
8    county sheriffs.
9        e. To review and approve applicants to ensure that no
10    applicant is admitted to a certified academy unless the
11    applicant is a person of good character and has not been
12    convicted of, found guilty of, or entered a plea of guilty
13    to, or entered a plea of nolo contendere to a felony
14    offense, any of the misdemeanors in Sections 11-1.50, 11-6,
15    11-6.5, 11-6.6, 11-9.1, 11-14, 11-14.1, 11-17, 11-19,
16    11-30, 12-2, 12-3.2, 12-3.5, 12-15, 16-1, 17-1, 17-2,
17    26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in
18    violation of any Section of Part E of Title III of the
19    Criminal Code of 1961 or the Criminal Code of 2012, 31-1,
20    31-6, 31-7, 32-4a, or 32-7 of the Criminal Code of 1961 or
21    the Criminal Code of 2012, subdivision (a)(1) or (a)(2)(C)
22    of Section 11-14.3 of the Criminal Code of 1961 or the
23    Criminal Code of 2012, or subsection (a) of Section 17-32
24    of the Criminal Code of 1961 or the Criminal Code of 2012,
25    or Section 5 or 5.2 of the Cannabis Control Act, or a crime
26    involving moral turpitude under the laws of this State or

 

 

10100SB1968ham001- 682 -LRB101 08002 RLC 74920 a

1    any other state which if committed in this State would be
2    punishable as a felony or a crime of moral turpitude, or
3    any felony or misdemeanor in violation of federal law or
4    the law of any state that is the equivalent of any of the
5    offenses specified therein. The Board may appoint
6    investigators who shall enforce the duties conferred upon
7    the Board by this Act.
8        f. For purposes of this paragraph (e), a person is
9    considered to have been "convicted of, found guilty of, or
10    entered a plea of guilty to, plea of nolo contendere to"
11    regardless of whether the adjudication of guilt or sentence
12    is withheld or not entered thereon. This includes sentences
13    of supervision, conditional discharge, or first offender
14    probation, or any similar disposition provided for by law.
15        g. To review and ensure all law enforcement officers
16    remain in compliance with this Act, and any administrative
17    rules adopted under this Act.
18        h. To suspend any certificate for a definite period,
19    limit or restrict any certificate, or revoke any
20    certificate.
21        i. The Board and the Panel shall have power to secure
22    by its subpoena and bring before it any person or entity in
23    this State and to take testimony either orally or by
24    deposition or both with the same fees and mileage and in
25    the same manner as prescribed by law in judicial
26    proceedings in civil cases in circuit courts of this State.

 

 

10100SB1968ham001- 683 -LRB101 08002 RLC 74920 a

1    The Board and the Panel shall also have the power to
2    subpoena the production of documents, papers, files,
3    books, documents, and records, whether in physical or
4    electronic form, in support of the charges and for defense,
5    and in connection with a hearing or investigation.
6        j. The Executive Director, the administrative law
7    judge designated by the Executive Director, and each member
8    of the Board and the Panel shall have the power to
9    administer oaths to witnesses at any hearing that the Board
10    is authorized to conduct under this Act and any other oaths
11    required or authorized to be administered by the Board
12    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 Panel,
16    through the Illinois Attorney General, may order such
17    person to appear before the Board and the Panel give
18    testimony or produce evidence, and any failure to obey such
19    order is punishable by the court as a contempt thereof.
20    This order may be served by personal delivery, by email, or
21    by mail to the address of record or email address of
22    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,

 

 

10100SB1968ham001- 684 -LRB101 08002 RLC 74920 a

1    answer keys, and scoring information shall be exempt from
2    disclosure.
3(Source: P.A. 101-187, eff. 1-1-20.)
 
4    (50 ILCS 705/6.1)
5    Sec. 6.1. Automatic Decertification of full-time and
6part-time law enforcement police officers.
7    (a) The Board must review law enforcement police officer
8conduct and records to ensure that no law enforcement police
9officer is certified or provided a valid waiver if that law
10enforcement police officer has been convicted of, found guilty
11of, or entered a plea of guilty to, or entered a plea of nolo
12contendere to, a felony offense under the laws of this State or
13any other state which if committed in this State would be
14punishable as a felony. The Board must also ensure that no law
15enforcement police officer is certified or provided a valid
16waiver if that law enforcement police officer has been
17convicted of, found guilty of, or entered a plea of guilty to,
18on or after the effective date of this amendatory Act of the
19101st General Assembly 1999 of any misdemeanor specified in
20this Section or if committed in any other state would be an
21offense similar to Section 11-1.50, 11-6, 11-6.5, 11-6.6,
2211-9.1, 11-14, 11-14.1, 11-17, 11-19, 11-30, 12-2, 12-3.2,
2312-3.5, 12-15, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3,
2429-1, any misdemeanor in violation of any section of Part E of
25Title III of the Criminal Code of 1961 or the Criminal Code of

 

 

10100SB1968ham001- 685 -LRB101 08002 RLC 74920 a

12012 31-1, 31-6, 31-7, 32-4a, or 32-7 of the Criminal Code of
21961 or the Criminal Code of 2012, to subdivision (a)(1) or
3(a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961 or
4the Criminal Code of 2012, or subsection (a) of Section 17-32
5of the Criminal Code of 1961 or the Criminal Code of 2012, or
6to Section 5 or 5.2 of the Cannabis Control Act, or any felony
7or misdemeanor in violation of federal law or the law of any
8state that is the equivalent of any of the offenses specified
9therein. The Board must appoint investigators to enforce the
10duties conferred upon the Board by this Act.
11    (a-1) For purposes of this Section, a person is "convicted
12of, or entered a plea of guilty to, plea of nolo contendere to,
13found guilty of" regardless of whether the adjudication of
14guilt or sentence is withheld or not entered thereon. This
15includes sentences of supervision, conditional discharge, or
16first offender probation, or any similar disposition provided
17for by law.
18    (b) It is the responsibility of the sheriff or the chief
19executive officer of every governmental local law enforcement
20agency or department within this State to report to the Board
21any arrest, conviction, finding of guilt, or plea of guilty, or
22plea of nolo contendere to, of any officer for an offense
23identified in this Section, regardless of whether the
24adjudication of guilt or sentence is withheld or not entered
25thereon, this includes sentences of supervision, conditional
26discharge, or first offender probation.

 

 

10100SB1968ham001- 686 -LRB101 08002 RLC 74920 a

1    (c) It is the duty and responsibility of every full-time
2and part-time law enforcement police officer in this State to
3report to the Board within 14 30 days, and the officer's
4sheriff or chief executive officer, of the officer's his or her
5arrest, conviction, found guilty of, or plea of guilty for an
6offense identified in this Section. Any full-time or part-time
7law enforcement police officer who knowingly makes, submits,
8causes to be submitted, or files a false or untruthful report
9to the Board must have the officer's his or her certificate or
10waiver immediately decertified or revoked.
11    (d) Any person, or a local or State agency, or the Board is
12immune from liability for submitting, disclosing, or releasing
13information of arrests, convictions, or pleas of guilty in this
14Section as long as the information is submitted, disclosed, or
15released in good faith and without malice. The Board has
16qualified immunity for the release of the information.
17    (e) Any full-time or part-time law enforcement police
18officer with a certificate or waiver issued by the Board who is
19convicted of, found guilty of, or entered a plea of guilty to,
20or entered a plea of nolo contendere to any offense described
21in this Section immediately becomes decertified or no longer
22has a valid waiver. The decertification and invalidity of
23waivers occurs as a matter of law. Failure of a convicted
24person to report to the Board the officer's his or her
25conviction as described in this Section or any continued law
26enforcement practice after receiving a conviction is a Class 4

 

 

10100SB1968ham001- 687 -LRB101 08002 RLC 74920 a

1felony.
2    For purposes of this Section, a person is considered to
3have been "convicted of, found guilty of, or entered a plea of
4guilty to, plea of nolo contendere to" regardless of whether
5the adjudication of guilt or sentence is withheld or not
6entered thereon, including sentences of supervision,
7conditional discharge, first offender probation, or any
8similar disposition as provided for by law.
9    (f) The Board's investigators shall be law enforcement
10officers as defined in Section 2 of this Act are peace officers
11and have all the powers possessed by policemen in cities and by
12sheriff's, and these investigators may exercise those powers
13anywhere in the State. An investigator shall not have peace
14officer status or exercise police powers unless he or she
15successfully completes the basic police training course
16mandated and approved by the Board or the Board waives the
17training requirement by reason of the investigator's prior law
18enforcement experience, training, or both. The Board shall not
19waive the training requirement unless the investigator has had
20a minimum of 5 years experience as a sworn officer of a local,
21State, or federal law enforcement agency. An investigator shall
22not have been terminated for good cause, decertified, had his
23or her law enforcement license or certificate revoked in this
24or any other jurisdiction, or been convicted of any of the
25conduct listed in subsection (a). Any complaint filed against
26the Board's investigators shall be investigated by the Illinois

 

 

10100SB1968ham001- 688 -LRB101 08002 RLC 74920 a

1State Police.
2    (g) The Board must request and receive information and
3assistance from any federal, state, or local governmental
4agency as part of the authorized criminal background
5investigation. The Department of State Police must process,
6retain, and additionally provide and disseminate information
7to the Board concerning criminal charges, arrests,
8convictions, and their disposition, that have been filed
9before, on, or after the effective date of this amendatory Act
10of the 91st General Assembly against a basic academy applicant,
11law enforcement applicant, or law enforcement officer whose
12fingerprint identification cards are on file or maintained by
13the Department of State Police. The Federal Bureau of
14Investigation must provide the Board any criminal history
15record information contained in its files pertaining to law
16enforcement officers or any applicant to a Board certified
17basic law enforcement academy as described in this Act based on
18fingerprint identification. The Board must make payment of fees
19to the Department of State Police for each fingerprint card
20submission in conformance with the requirements of paragraph 22
21of Section 55a of the Civil Administrative Code of Illinois.
22    (h) (Blank). A police officer who has been certified or
23granted a valid waiver shall also be decertified or have his or
24her waiver revoked upon a determination by the Illinois Labor
25Relations Board State Panel that he or she, while under oath,
26has knowingly and willfully made false statements as to a

 

 

10100SB1968ham001- 689 -LRB101 08002 RLC 74920 a

1material fact going to an element of the offense of murder. If
2an appeal is filed, the determination shall be stayed.
3        (1) In the case of an acquittal on a charge of murder,
4    a verified complaint may be filed:
5            (A) by the defendant; or
6            (B) by a police officer with personal knowledge of
7        perjured testimony.
8        The complaint must allege that a police officer, while
9    under oath, knowingly and willfully made false statements
10    as to a material fact going to an element of the offense of
11    murder. The verified complaint must be filed with the
12    Executive Director of the Illinois Law Enforcement
13    Training Standards Board within 2 years of the judgment of
14    acquittal.
15        (2) Within 30 days, the Executive Director of the
16    Illinois Law Enforcement Training Standards Board shall
17    review the verified complaint and determine whether the
18    verified complaint is frivolous and without merit, or
19    whether further investigation is warranted. The Illinois
20    Law Enforcement Training Standards Board shall notify the
21    officer and the Executive Director of the Illinois Labor
22    Relations Board State Panel of the filing of the complaint
23    and any action taken thereon. If the Executive Director of
24    the Illinois Law Enforcement Training Standards Board
25    determines that the verified complaint is frivolous and
26    without merit, it shall be dismissed. The Executive

 

 

10100SB1968ham001- 690 -LRB101 08002 RLC 74920 a

1    Director of the Illinois Law Enforcement Training
2    Standards Board has sole discretion to make this
3    determination and this decision is not subject to appeal.
4    (i) (Blank). If the Executive Director of the Illinois Law
5Enforcement Training Standards Board determines that the
6verified complaint warrants further investigation, he or she
7shall refer the matter to a task force of investigators created
8for this purpose. This task force shall consist of 8 sworn
9police officers: 2 from the Illinois State Police, 2 from the
10City of Chicago Police Department, 2 from county police
11departments, and 2 from municipal police departments. These
12investigators shall have a minimum of 5 years of experience in
13conducting criminal investigations. The investigators shall be
14appointed by the Executive Director of the Illinois Law
15Enforcement Training Standards Board. Any officer or officers
16acting in this capacity pursuant to this statutory provision
17will have statewide police authority while acting in this
18investigative capacity. Their salaries and expenses for the
19time spent conducting investigations under this paragraph
20shall be reimbursed by the Illinois Law Enforcement Training
21Standards Board.
22    (j) (Blank). Once the Executive Director of the Illinois
23Law Enforcement Training Standards Board has determined that an
24investigation is warranted, the verified complaint shall be
25assigned to an investigator or investigators. The investigator
26or investigators shall conduct an investigation of the verified

 

 

10100SB1968ham001- 691 -LRB101 08002 RLC 74920 a

1complaint and shall write a report of his or her findings. This
2report shall be submitted to the Executive Director of the
3Illinois Labor Relations Board State Panel.
4    Within 30 days, the Executive Director of the Illinois
5Labor Relations Board State Panel shall review the
6investigative report and determine whether sufficient evidence
7exists to conduct an evidentiary hearing on the verified
8complaint. If the Executive Director of the Illinois Labor
9Relations Board State Panel determines upon his or her review
10of the investigatory report that a hearing should not be
11conducted, the complaint shall be dismissed. This decision is
12in the Executive Director's sole discretion, and this dismissal
13may not be appealed.
14    If the Executive Director of the Illinois Labor Relations
15Board State Panel determines that there is sufficient evidence
16to warrant a hearing, a hearing shall be ordered on the
17verified complaint, to be conducted by an administrative law
18judge employed by the Illinois Labor Relations Board State
19Panel. The Executive Director of the Illinois Labor Relations
20Board State Panel shall inform the Executive Director of the
21Illinois Law Enforcement Training Standards Board and the
22person who filed the complaint of either the dismissal of the
23complaint or the issuance of the complaint for hearing. The
24Executive Director shall assign the complaint to the
25administrative law judge within 30 days of the decision
26granting a hearing.

 

 

10100SB1968ham001- 692 -LRB101 08002 RLC 74920 a

1    (k) (Blank). In the case of a finding of guilt on the
2offense of murder, if a new trial is granted on direct appeal,
3or a state post-conviction evidentiary hearing is ordered,
4based on a claim that a police officer, under oath, knowingly
5and willfully made false statements as to a material fact going
6to an element of the offense of murder, the Illinois Labor
7Relations Board State Panel shall hold a hearing to determine
8whether the officer should be decertified if an interested
9party requests such a hearing within 2 years of the court's
10decision. The complaint shall be assigned to an administrative
11law judge within 30 days so that a hearing can be scheduled.
12    At the hearing, the accused officer shall be afforded the
13opportunity to:
14        (1) Be represented by counsel of his or her own
15    choosing;
16        (2) Be heard in his or her own defense;
17        (3) Produce evidence in his or her defense;
18        (4) Request that the Illinois Labor Relations Board
19    State Panel compel the attendance of witnesses and
20    production of related documents including but not limited
21    to court documents and records.
22    Once a case has been set for hearing, the verified
23complaint shall be referred to the Department of Professional
24Regulation. That office shall prosecute the verified complaint
25at the hearing before the administrative law judge. The
26Department of Professional Regulation shall have the

 

 

10100SB1968ham001- 693 -LRB101 08002 RLC 74920 a

1opportunity to produce evidence to support the verified
2complaint and to request the Illinois Labor Relations Board
3State Panel to compel the attendance of witnesses and the
4production of related documents, including, but not limited to,
5court documents and records. The Illinois Labor Relations Board
6State Panel shall have the power to issue subpoenas requiring
7the attendance of and testimony of witnesses and the production
8of related documents including, but not limited to, court
9documents and records and shall have the power to administer
10oaths.
11    The administrative law judge shall have the responsibility
12of receiving into evidence relevant testimony and documents,
13including court records, to support or disprove the allegations
14made by the person filing the verified complaint and, at the
15close of the case, hear arguments. If the administrative law
16judge finds that there is not clear and convincing evidence to
17support the verified complaint that the police officer has,
18while under oath, knowingly and willfully made false statements
19as to a material fact going to an element of the offense of
20murder, the administrative law judge shall make a written
21recommendation of dismissal to the Illinois Labor Relations
22Board State Panel. If the administrative law judge finds that
23there is clear and convincing evidence that the police officer
24has, while under oath, knowingly and willfully made false
25statements as to a material fact that goes to an element of the
26offense of murder, the administrative law judge shall make a

 

 

10100SB1968ham001- 694 -LRB101 08002 RLC 74920 a

1written recommendation so concluding to the Illinois Labor
2Relations Board State Panel. The hearings shall be transcribed.
3The Executive Director of the Illinois Law Enforcement Training
4Standards Board shall be informed of the administrative law
5judge's recommended findings and decision and the Illinois
6Labor Relations Board State Panel's subsequent review of the
7recommendation.
8    (l) (Blank). An officer named in any complaint filed
9pursuant to this Act shall be indemnified for his or her
10reasonable attorney's fees and costs by his or her employer.
11These fees shall be paid in a regular and timely manner. The
12State, upon application by the public employer, shall reimburse
13the public employer for the accused officer's reasonable
14attorney's fees and costs. At no time and under no
15circumstances will the accused officer be required to pay his
16or her own reasonable attorney's fees or costs.
17    (m) (Blank). The accused officer shall not be placed on
18unpaid status because of the filing or processing of the
19verified complaint until there is a final non-appealable order
20sustaining his or her guilt and his or her certification is
21revoked. Nothing in this Act, however, restricts the public
22employer from pursuing discipline against the officer in the
23normal course and under procedures then in place.
24    (n) (Blank). The Illinois Labor Relations Board State Panel
25shall review the administrative law judge's recommended
26decision and order and determine by a majority vote whether or

 

 

10100SB1968ham001- 695 -LRB101 08002 RLC 74920 a

1not there was clear and convincing evidence that the accused
2officer, while under oath, knowingly and willfully made false
3statements as to a material fact going to the offense of
4murder. Within 30 days of service of the administrative law
5judge's recommended decision and order, the parties may file
6exceptions to the recommended decision and order and briefs in
7support of their exceptions with the Illinois Labor Relations
8Board State Panel. The parties may file responses to the
9exceptions and briefs in support of the responses no later than
1015 days after the service of the exceptions. If exceptions are
11filed by any of the parties, the Illinois Labor Relations Board
12State Panel shall review the matter and make a finding to
13uphold, vacate, or modify the recommended decision and order.
14If the Illinois Labor Relations Board State Panel concludes
15that there is clear and convincing evidence that the accused
16officer, while under oath, knowingly and willfully made false
17statements as to a material fact going to an element of the
18offense murder, the Illinois Labor Relations Board State Panel
19shall inform the Illinois Law Enforcement Training Standards
20Board and the Illinois Law Enforcement Training Standards Board
21shall revoke the accused officer's certification. If the
22accused officer appeals that determination to the Appellate
23Court, as provided by this Act, he or she may petition the
24Appellate Court to stay the revocation of his or her
25certification pending the court's review of the matter.
26    (o) (Blank). None of the Illinois Labor Relations Board

 

 

10100SB1968ham001- 696 -LRB101 08002 RLC 74920 a

1State Panel's findings or determinations shall set any
2precedent in any of its decisions decided pursuant to the
3Illinois Public Labor Relations Act by the Illinois Labor
4Relations Board State Panel or the courts.
5    (p) (Blank). A party aggrieved by the final order of the
6Illinois Labor Relations Board State Panel may apply for and
7obtain judicial review of an order of the Illinois Labor
8Relations Board State Panel, in accordance with the provisions
9of the Administrative Review Law, except that such judicial
10review shall be afforded directly in the Appellate Court for
11the district in which the accused officer resides. Any direct
12appeal to the Appellate Court shall be filed within 35 days
13from the date that a copy of the decision sought to be reviewed
14was served upon the party affected by the decision.
15    (q) (Blank). Interested parties. Only interested parties
16to the criminal prosecution in which the police officer
17allegedly, while under oath, knowingly and willfully made false
18statements as to a material fact going to an element of the
19offense of murder may file a verified complaint pursuant to
20this Section. For purposes of this Section, "interested
21parties" shall be limited to the defendant and any police
22officer who has personal knowledge that the police officer who
23is the subject of the complaint has, while under oath,
24knowingly and willfully made false statements as to a material
25fact going to an element of the offense of murder.
26    (r) (Blank). Semi-annual reports. The Executive Director

 

 

10100SB1968ham001- 697 -LRB101 08002 RLC 74920 a

1of the Illinois Labor Relations Board shall submit semi-annual
2reports to the Governor, President, and Minority Leader of the
3Senate, and to the Speaker and Minority Leader of the House of
4Representatives beginning on June 30, 2004, indicating:
5        (1) the number of verified complaints received since
6    the date of the last report;
7        (2) the number of investigations initiated since the
8    date of the last report;
9        (3) the number of investigations concluded since the
10    date of the last report;
11        (4) the number of investigations pending as of the
12    reporting date;
13        (5) the number of hearings held since the date of the
14    last report; and
15        (6) the number of officers decertified since the date
16    of the last report.
17(Source: P.A. 101-187, eff. 1-1-20.)
 
18    (50 ILCS 705/6.3 new)
19    Sec. 6.3. Discretionary decertification of full-time and
20part-time law enforcement officers.
21    (a) Definitions. For purposes of this Section 6.3:
22    "Duty to Intervene" means an obligation to intervene to
23prevent harm from occurring that arises when: an officer is
24present, and has reason to know (1) that excessive force is
25being used or that any constitutional violation has been

 

 

10100SB1968ham001- 698 -LRB101 08002 RLC 74920 a

1committed by a law enforcement official; and (2) the officer
2has a realistic opportunity to intervene. This duty applies
3equally to supervisory and nonsupervisory officers. If aid is
4required, the officer shall not, when reasonable to administer
5aid, knowingly and willingly refuse to render aid as defined by
6State or federal law. An officer does not violate this duty if
7the failure to render aid is due to circumstances such as lack
8of appropriate specialized training, lack of resources or
9equipment, or if it is unsafe or impracticable to render aid.
10    "Excessive use of force" means using force in violation of
11State or federal law.
12    "False statement" means (1) any knowingly false statement
13provided on a form or report, (2) that the writer does not
14believe to be true, and (3) that the writer includes to mislead
15a public servant in performing the public servant's official
16functions.
17    "Perjury" means that as defined under Sections 32-2 and
1832-3 of the Criminal Code of 2012.
19    "Tampers with or fabricates evidence" means if a law
20enforcement officer (1) has reason to believe that an official
21proceeding is pending or may be instituted, and (2) alters,
22destroys, conceals, or removes any record, document, data,
23video or thing to impair its validity or availability in the
24proceeding.
25    (b) Decertification conduct. The Board has the authority to
26decertify a full-time or a part-time law enforcement officer

 

 

10100SB1968ham001- 699 -LRB101 08002 RLC 74920 a

1upon a determination by the Board that the law enforcement
2officer has:
3        (1) committed an act that would constitute a felony or
4    misdemeanor which could serve as basis for automatic
5    decertification, whether or not the law enforcement
6    officer was criminally prosecuted, and whether or not the
7    law enforcement officer's employment was terminated;
8        (2) exercised excessive use of force;
9        (3) failed to comply with the officer's duty to
10    intervene, including through acts or omissions;
11        (4) tampered with a dash camera or body-worn camera or
12    data recorded by a dash camera or body-worn camera or
13    directed another to tamper with or turn off a dash camera
14    or body-worn camera or data recorded by a dash camera or
15    body-worn camera for the purpose of concealing, destroying
16    or altering potential evidence;
17        (5) engaged in the following conduct relating to the
18    reporting, investigation, or prosecution of a crime:
19    committed perjury, made a false statement, or knowingly
20    tampered with or fabricated evidence; and
21        (6) engaged in any unprofessional, unethical,
22    deceptive, or deleterious conduct or practice harmful to
23    the public; such conduct or practice need not have resulted
24    in actual injury to any person. As used in this paragraph,
25    the term "unprofessional conduct" shall include any
26    departure from, or failure to conform to, the minimal

 

 

10100SB1968ham001- 700 -LRB101 08002 RLC 74920 a

1    standards of acceptable and prevailing practice of an
2    officer.
3    (c) Notice of Alleged Violation.
4        (1) The following individuals and agencies shall
5    notify the Board within 7 days of becoming aware of any
6    violation described in subsection (b):
7            (A) A governmental agency as defined in Section 2
8        or any law enforcement officer of this State. For this
9        subsection (c), governmental agency includes, but is
10        not limited to, a civilian review board, an inspector
11        general, and legal counsel for a government agency.
12            (B) The Executive Director of the Board;
13            (C) A State's Attorney's Office of this State.
14        "Becoming aware" does not include confidential
15    communications between agency lawyers and agencies
16    regarding legal advice. For purposes of this subsection,
17    "governmental agency" does not include the Illinois
18    Attorney General when providing legal representation to a
19    law enforcement officer under the State Employee
20    Indemnification Act.
21        (2) Any person may also notify the Board of any conduct
22    the person believes a law enforcement officer has committed
23    as described in subsection (b). Such notifications may be
24    made confidentially. Notwithstanding any other provision
25    in state law or any collective bargaining agreement, the
26    Board shall accept notice and investigate any allegations

 

 

10100SB1968ham001- 701 -LRB101 08002 RLC 74920 a

1    from individuals who remain confidential.
2        (3) Upon written request, the Board shall disclose to
3    the individual or entity who filed a notice of violation
4    the status of the Board's review.
5    (d) Form. The notice of violation reported under subsection
6(c) shall be on a form prescribed by the Board in its rules.
7The form shall be publicly available by paper and electronic
8means. The form shall include fields for the following
9information, at a minimum:
10        (1) the full name, address, and telephone number of the
11    person submitting the notice;
12        (2) if submitted under subsection (c)(1), the agency
13    name and title of the person submitting the notice;
14        (3) the full name, badge number, governmental agency,
15    and physical description of the officer, if known;
16        (4) the full name or names, address or addresses,
17    telephone number or numbers, and physical description or
18    descriptions of any witnesses, if known;
19        (5) a concise statement of facts that describe the
20    alleged violation and any copies of supporting evidence
21    including but not limited to any photographic, video, or
22    audio recordings of the incident;
23        (6) whether the person submitting the notice has
24    notified any other agency; and
25        (7) an option for an individual, who submits directly
26    to the Board, to consent to have the individual's identity

 

 

10100SB1968ham001- 702 -LRB101 08002 RLC 74920 a

1    disclosed.
2            (a) The identity of any individual providing
3        information or reporting any possible or alleged
4        violation to the Board shall be kept confidential and
5        may not be disclosed without the consent of that
6        individual, unless the individual consents to
7        disclosure of the individual's name or disclosure of
8        the individual's identity is otherwise required by
9        law. The confidentiality granted by this subsection
10        does not preclude the disclosure of the identity of a
11        person in any capacity other than as the source of an
12        allegation.
13    Nothing in this subsection (d) shall preclude the Board
14from receiving, investigating, or acting upon allegations made
15confidentially or in a format different from the form provided
16for in this subsection.
17    (e) Preliminary review.
18        (1) The Board shall complete a preliminary review of
19    the allegations to determine whether there is sufficient
20    information to warrant a further investigation of any
21    violations of the Act. Upon initiating a preliminary review
22    of the allegations, the Board shall notify the head of the
23    governmental agency that employs the law enforcement
24    officer who is the subject of the allegations. At the
25    request of the Board, the governmental agency must submit
26    any copies of investigative findings, evidence, or

 

 

10100SB1968ham001- 703 -LRB101 08002 RLC 74920 a

1    documentation to the Board in accordance with rules adopted
2    by the Board to facilitate the Board's preliminary review.
3    The Board may correspond with the governmental agency,
4    official records clerks or any investigative agencies in
5    conducting its preliminary review.
6        (2) During the preliminary review, the Board will take
7    all reasonable steps to discover any and all objective
8    verifiable evidence relevant to the alleged violation
9    through the identification, retention, review, and
10    analysis of all currently available evidence, including,
11    but not limited to: all time-sensitive evidence, audio and
12    video evidence, physical evidence, arrest reports,
13    photographic evidence, GPS records, computer data, lab
14    reports, medical documents, and witness interviews. All
15    reasonable steps will be taken to preserve relevant
16    evidence identified during the preliminary investigation.
17        (3) If after a preliminary review of the alleged
18    violation or violations, the Board believes there is
19    sufficient information to warrant further investigation of
20    any violations of this Act, the alleged violation or
21    violations shall be assigned for investigation in
22    accordance with subsection (f).
23        (4) If after a review of the allegations, the Board
24    believes there is insufficient information supporting the
25    allegations to warrant further investigation, it may close
26    a notice. Notification of the Board's decision to close a

 

 

10100SB1968ham001- 704 -LRB101 08002 RLC 74920 a

1    notice shall be sent to all relevant individuals, agencies,
2    and any entities that received notice of the violation
3    under subsection (c) within 30 days of the notice being
4    closed, except in cases where the notice is submitted
5    anonymously if the complainant is unknown.
6        (5) Except when the Board has received notice under
7    subparagraph (A) of paragraph (1) of subsection (c), no
8    later than 30 days after receiving notice, the Board shall
9    report any notice of violation it receives to the relevant
10    governmental agency, unless reporting the notice would
11    jeopardize any subsequent investigation. The Board shall
12    also record any notice of violation it receives to the
13    Officer Professional Conduct Database in accordance with
14    Section 9.2. The Board shall report to the appropriate
15    State's Attorney any alleged violations that contain
16    allegations, claims, or factual assertions that, if true,
17    would constitute a violation of Illinois law. The Board
18    shall inform the law enforcement officer via certified mail
19    that it has received a notice of violation against the law
20    enforcement officer.
21        If the Board determines that due to the circumstances
22    and the nature of the allegation that it would not be
23    prudent to notify the law enforcement officer and the
24    officer's governmental agency unless and until the filing
25    of a Formal Complaint, the Board shall document in the file
26    the reason or reasons a notification was not made.

 

 

10100SB1968ham001- 705 -LRB101 08002 RLC 74920 a

1        (6) If a criminal proceeding has been initiated against
2    the law enforcement officer, the Board is responsible for
3    maintaining a current status report including court dates,
4    hearings, pleas, adjudication status and sentencing. A
5    State's Attorney's Office is responsible for notifying the
6    Board of any criminal charges filed against a law
7    enforcement officer.
8    (f) Investigations; requirements. Investigations are to be
9assigned after a preliminary review, unless the investigations
10were closed under paragraph (4) of subsection (e), as follows
11in paragraphs (1), (2), and (3) of this subsection (f).
12        (1) A governmental agency that submits a notice of
13    violation to the Board under subparagraph (A) of paragraph
14    (1) of subsection (c) shall be responsible for conducting
15    an investigation of the underlying allegations except
16    when: (i) the governmental agency refers the notice to
17    another governmental agency or the Board for investigation
18    and such other agency or the Board agrees to conduct the
19    investigation; (ii) an external, independent, or civilian
20    oversight agency conducts the investigation in accordance
21    with local ordinance or other applicable law; or (iii) the
22    Board has determined that it will conduct the investigation
23    based upon the facts and circumstances of the alleged
24    violation, including but not limited to, investigations
25    regarding the Chief or Sheriff of a governmental agency,
26    familial conflict of interests, complaints involving a

 

 

10100SB1968ham001- 706 -LRB101 08002 RLC 74920 a

1    substantial portion of a governmental agency, or
2    complaints involving a policy of a governmental agency. Any
3    agency or entity conducting an investigation under this
4    paragraph (1) shall, within 7 days of completing an
5    investigation, deliver an Investigative Summary Report and
6    copies of any administrative evidence to the Board. If the
7    Board finds an investigation conducted under this
8    paragraph (1) is incomplete, unsatisfactory, or deficient
9    in any way, the Board may direct the investigating entity
10    or agency to take any additional investigative steps deemed
11    necessary to thoroughly and satisfactorily complete the
12    investigation, or the Board may take any steps necessary to
13    complete the investigation. The investigating entity or
14    agency or, when necessary, the Board will then amend and
15    re-submit the Investigative Summary Report to the Board for
16    approval.
17        (2) The Board shall investigate and complete an
18    Investigative Summary Report when a State's Attorney's
19    Office submits a notice of violation to the Board under
20    (c)(1)(C).
21        (3) When a person submits a notice to the Board under
22    paragraph (2) of subsection (c), The Board shall assign the
23    investigation to the governmental agency that employs the
24    law enforcement officer, except when: (i) the governmental
25    agency requests to refer the notice to another governmental
26    agency or the Board for investigation and such other agency

 

 

10100SB1968ham001- 707 -LRB101 08002 RLC 74920 a

1    or the Board agrees to conduct the investigation; (ii) an
2    external, independent, or civilian oversight agency
3    conducts the investigation in accordance with local
4    ordinance or other applicable law; or (iii) the Board has
5    determined that it will conduct the investigation based
6    upon the facts and circumstances of the alleged violation,
7    including but not limited to, investigations regarding the
8    Chief or Sheriff of a governmental agency, familial
9    conflict of interests, complaints involving a substantial
10    portion of a governmental agency, or complaints involving a
11    policy of a governmental agency. The investigating entity
12    or agency shall, within 7 days of completing an
13    investigation, deliver an Investigative Summary Report and
14    copies of any evidence to the Board. If the Board finds an
15    investigation conducted under this subsection (f)(3) is
16    incomplete, unsatisfactory, or deficient in any way, the
17    Board may direct the investigating entity to take any
18    additional investigative steps deemed necessary to
19    thoroughly and satisfactorily complete the investigation,
20    or the Board may take any steps necessary to complete the
21    investigation. The investigating entity or agency or, when
22    necessary, the Board will then amend and re-submit The
23    Investigative Summary Report to the Board for approval. The
24    investigating entity shall cooperate with and assist the
25    Board, as necessary, in any subsequent investigation.
26        (4) Concurrent Investigations. The Board may, at any

 

 

10100SB1968ham001- 708 -LRB101 08002 RLC 74920 a

1    point, initiate a concurrent investigation under this
2    section. The original investigating entity shall timely
3    communicate, coordinate, and cooperate with the Board to
4    the fullest extent. The Board shall promulgate rules that
5    shall address, at a minimum, the sharing of information and
6    investigative means such as subpoenas and interviewing
7    witnesses.
8        (5) Investigative Summary Report. An Investigative
9    Summary Report shall contain, at a minimum, the allegations
10    and elements within each allegation followed by the
11    testimonial, documentary, or physical evidence that is
12    relevant to each such allegation or element listed and
13    discussed in association with it. All persons who have been
14    interviewed and listed in the Investigative Summary Report
15    will be identified as a complainant, witness, person with
16    specialized knowledge, or law enforcement employee.
17        (6) Each governmental agency shall adopt a written
18    policy regarding the investigation of conduct under
19    subsection (a) that involves a law enforcement officer
20    employed by that governmental agency. The written policy
21    adopted must include the following, at a minimum:
22            (a) Each law enforcement officer shall immediately
23        report any conduct under subsection (b) to the
24        appropriate supervising officer.
25            (b) The written policy under this Section shall be
26        available for inspection and copying under the Freedom

 

 

10100SB1968ham001- 709 -LRB101 08002 RLC 74920 a

1        of Information Act, and not subject to any exemption of
2        that Act.
3        (7) Nothing in this Act shall prohibit a governmental
4    agency from conducting an investigation for the purpose of
5    internal discipline. However, any such investigation shall
6    be conducted in a manner that avoids interference with, and
7    preserves the integrity of, any separate investigation
8    being conducted.
9    (g) Formal complaints. Upon receipt of an Investigative
10Summary Report, the Board shall review the Report and any
11relevant evidence obtained and determine whether there is
12reasonable basis to believe that the law enforcement officer
13committed any conduct that would be deemed a violation of this
14Act. If after reviewing the Report and any other relevant
15evidence obtained, the Board determines that a reasonable basis
16does exist, the Board shall file a formal complaint with the
17Certification Review Panel.
18    (h) Formal Complaint Hearing.
19        (1) Upon issuance of a formal complaint, the Panel
20    shall set the matter for an initial hearing in front of an
21    administrative law judge. At least 30 days before the date
22    set for an initial hearing, the Panel must, in writing,
23    notify the law enforcement officer subject to the complaint
24    of the following:
25            (i) the allegations against the law enforcement
26        officer, the time and place for the hearing, and

 

 

10100SB1968ham001- 710 -LRB101 08002 RLC 74920 a

1        whether the law enforcement officer's certification
2        has been temporarily suspended under Section 8.3;
3            (ii) the right to file a written answer to the
4        complaint with the Panel within 30 days after service
5        of the notice;
6            (iii) if the law enforcement officer fails to
7        comply with the notice of the default order in
8        paragraph (2), the Panel shall enter a default order
9        against the law enforcement officer along with a
10        finding that the allegations in the complaint are
11        deemed admitted, and that the law enforcement
12        officer's certification may be revoked as a result; and
13            (iv) the law enforcement officer may request an
14        informal conference to surrender the officer's
15        certification.
16        (2) The Board shall send the law enforcement officer
17    notice of the default order. The notice shall state that
18    the officer has 30 days to notify the Board in writing of
19    their desire to have the order vacated and to appear before
20    the Board. If the law enforcement officer does not notify
21    the Board within 30 days, the Board may set the matter for
22    hearing. If the matter is set for hearing, the Board shall
23    send the law enforcement officer the notice of the date,
24    time and location of the hearing. If the law enforcement
25    officer or counsel for the officer does appear, at the
26    Board's discretion, the hearing may proceed or may be

 

 

10100SB1968ham001- 711 -LRB101 08002 RLC 74920 a

1    continued to a date and time agreed upon by all parties. If
2    on the date of the hearing, neither the law enforcement
3    officer nor counsel for the officer appears, the Board may
4    proceed with the hearing for default in their absence.
5        (3) If the law enforcement officer fails to comply with
6    paragraph (2), all of the allegations contained in the
7    complaint shall be deemed admitted and the law enforcement
8    officer shall be decertified if, by a majority vote of the
9    panel, the conduct charged in the complaint is found to
10    constitute sufficient grounds for decertification under
11    this Act. Notice of the decertification decision may be
12    served by personal delivery, by mail, or, at the discretion
13    of the Board, by electronic means as adopted by rule to the
14    address or email address specified by the law enforcement
15    officer in the officer's last communication with the Board.
16    Notice shall also be provided to the law enforcement
17    officer's governmental agency.
18        (4) The Board, at the request of the law enforcement
19    officer subject to the Formal Complaint, may suspend a
20    hearing on a Formal Complaint for no more than one year if
21    a concurrent criminal matter is pending. If the law
22    enforcement officer requests to have the hearing
23    suspended, the law enforcement officer's certification
24    shall be deemed inactive until the law enforcement
25    officer's Formal Complaint hearing concludes.
26        (5) Surrender of certification or waiver. Upon the

 

 

10100SB1968ham001- 712 -LRB101 08002 RLC 74920 a

1    Board's issuance of a complaint, and prior to hearing on
2    the matter, a law enforcement officer may choose to
3    surrender the officer's certification or waiver by
4    notifying the Board in writing of the officer's decision to
5    do so. Upon receipt of such notification from the law
6    enforcement officer, the Board shall immediately decertify
7    the officer, or revoke any waiver previously granted. In
8    the case of a surrender of certification or waiver, the
9    Board's proceeding shall terminate.
10        (6) Appointment of administrative law judges. The
11    Board shall retain any attorney licensed to practice law in
12    the State of Illinois to serve as an administrative law
13    judge in any action initiated against a law enforcement
14    officer under this Act. The administrative law judge shall
15    be retained to a term of no greater than 4 years. If more
16    than one judge is retained, the terms shall be staggered.
17    The administrative law judge has full authority to conduct
18    the hearings.
19    Administrative law judges will receive initial and annual
20training that is adequate in quality, quantity, scope, and
21type, and will cover, at minimum the following topics:
22            (i) constitutional and other relevant law on
23        police- community encounters, including the law on the
24        use of force and stops, searches, and arrests;
25            (ii) police tactics;
26            (iii) investigations of police conduct;

 

 

10100SB1968ham001- 713 -LRB101 08002 RLC 74920 a

1            (iv) impartial policing;
2            (v) policing individuals in crisis;
3            (vi) Illinois police policies, procedures, and
4        disciplinary rules;
5            (vii) procedural justice; and
6            (viii) community outreach.
7        (7) Hearing. At the hearing, the administrative law
8    judge will hear the allegations alleged in the complaint.
9    The law enforcement officer, the counsel of the officer's
10    choosing, and the Board, or the officer's counsel, shall be
11    afforded the opportunity to present any pertinent
12    statements, testimony, evidence, and arguments. The law
13    enforcement officer shall be afforded the opportunity to
14    request that the Board compel the attendance of witnesses
15    and production of related documents. After the conclusion
16    of the hearing, the administrative law judge shall report
17    his or her findings of fact, conclusions of law, and
18    recommended disposition to the Panel.
19        (8) Certification Review Meeting. Upon receipt of the
20    administrative law judge's findings of fact, conclusions
21    of law, and recommended disposition, the Panel shall call
22    for a certification review meeting.
23        In such a meeting, the Panel may adjourn into a closed
24    conference for the purposes of deliberating on the evidence
25    presented during the hearing. In closed conference, the
26    Panel shall consider the hearing officer's findings of

 

 

10100SB1968ham001- 714 -LRB101 08002 RLC 74920 a

1    fact, conclusions of law, and recommended disposition and
2    may deliberate on all evidence and testimony received and
3    may consider the weight and credibility to be given to the
4    evidence received. No new or additional evidence may be
5    presented to the Panel. After concluding its
6    deliberations, the Panel shall convene in open session for
7    its consideration of the matter. If a simple majority of
8    the Panel finds that no allegations in the complaint
9    supporting one or more charges of misconduct are proven by
10    clear and convincing evidence, then the Panel shall
11    recommend to the Board that the complaint be dismissed. If
12    a simple majority of the Panel finds that the allegations
13    in the complaint supporting one or more charges of
14    misconduct are proven by clear and convincing evidence,
15    then the Panel shall recommend to the Board to decertify
16    the officer. In doing so, the Panel may adopt, in whole or
17    in part, the hearing officer's findings of fact,
18    conclusions of law, and recommended disposition.
19        (9) Final action by the Board. After receiving the
20    Panel's recommendations, and after due consideration of
21    the Panel's recommendations, the Board, by majority vote,
22    shall issue a final decision to decertify the law
23    enforcement officer or take no action in regard to the law
24    enforcement officer. No new or additional evidence may be
25    presented to the Board. If the Board makes a final decision
26    contrary to the recommendations of the Panel, the Board

 

 

10100SB1968ham001- 715 -LRB101 08002 RLC 74920 a

1    shall set forth in its final written decision the specific
2    written reasons for not following the Panel's
3    recommendations. A copy of the Board's final decision shall
4    be served upon the law enforcement officer by the Board,
5    either personally or as provided in this Act for the
6    service of a notice of hearing. A copy of the Board's final
7    decision also shall be delivered to the employing
8    governmental agency, the complainant, and the Panel.
9        (10) Reconsideration of the Board's Decision. Within
10    30 days after service of the Board's final decision, the
11    Panel or the law enforcement officer may file a written
12    motion for reconsideration with the Board. The motion for
13    reconsideration shall specify the particular grounds for
14    reconsideration. The non-moving party may respond to the
15    motion for reconsideration. The Board may deny the motion
16    for reconsideration, or it may grant the motion in whole or
17    in part and issue a new final decision in the matter. The
18    Board must notify the law enforcement officer within 14
19    days of a denial and state the reasons for denial.
 
20    (50 ILCS 705/6.6 new)
21    Sec. 6.6. Administrative Review Law; application.
22    (a) All final administrative decisions regarding
23discretionary decertification of the Board are subject to
24judicial review under the Administrative Review Law and its
25rules. The term "administrative decision" is defined in Section

 

 

10100SB1968ham001- 716 -LRB101 08002 RLC 74920 a

13-101 of the Code of Civil Procedure.
2    (b) Proceedings for judicial review shall be commenced in
3Sangamon County or Cook County.
 
4    (50 ILCS 705/6.7 new)
5    Sec. 6.7. Certification and decertification procedures
6under Act exclusive. Notwithstanding any other law, the
7certification and decertification procedures, including the
8conduct of any investigation or hearing, under this Act are the
9sole and exclusive procedures for certification as law
10enforcement officers in Illinois and are not subject to
11collective bargaining under the Illinois Public Labor
12Relations Act or appealable except as set forth herein. The
13provisions of any collective bargaining agreement adopted by a
14governmental agency and covering the law enforcement officer or
15officers under investigation shall be inapplicable to any
16investigation or hearing conducted under this Act.
17    An individual has no property interest in employment or
18otherwise resulting from law enforcement officer certification
19at the time of initial certification or at any time thereafter,
20including, but not limited to, after decertification or the
21officer's certification has been deemed inactive. Nothing in
22this Act shall be construed to create a requirement that a
23governmental agency shall continue to employ a law enforcement
24officer who has been decertified.
 

 

 

10100SB1968ham001- 717 -LRB101 08002 RLC 74920 a

1    (50 ILCS 705/7)  (from Ch. 85, par. 507)
2    Sec. 7. Rules and standards for schools. The Board shall
3adopt rules and minimum standards for such schools which shall
4include, but not be limited to, the following:
5        a. The curriculum for probationary law enforcement
6    police officers which shall be offered by all certified
7    schools shall include, but not be limited to, courses of
8    procedural justice, arrest and use and control tactics,
9    search and seizure, including temporary questioning, civil
10    rights, human rights, human relations, cultural
11    competency, including implicit bias and racial and ethnic
12    sensitivity, criminal law, law of criminal procedure,
13    constitutional and proper use of law enforcement
14    authority, vehicle and traffic law including uniform and
15    non-discriminatory enforcement of the Illinois Vehicle
16    Code, traffic control and accident investigation,
17    techniques of obtaining physical evidence, court
18    testimonies, statements, reports, firearms training,
19    training in the use of electronic control devices,
20    including the psychological and physiological effects of
21    the use of those devices on humans, first-aid (including
22    cardiopulmonary resuscitation), training in the
23    administration of opioid antagonists as defined in
24    paragraph (1) of subsection (e) of Section 5-23 of the
25    Substance Use Disorder Act, handling of juvenile
26    offenders, recognition of mental conditions and crises,

 

 

10100SB1968ham001- 718 -LRB101 08002 RLC 74920 a

1    including, but not limited to, the disease of addiction,
2    which require immediate assistance and response and
3    methods to safeguard and provide assistance to a person in
4    need of mental treatment, recognition of abuse, neglect,
5    financial exploitation, and self-neglect of adults with
6    disabilities and older adults, as defined in Section 2 of
7    the Adult Protective Services Act, crimes against the
8    elderly, law of evidence, the hazards of high-speed police
9    vehicle chases with an emphasis on alternatives to the
10    high-speed chase, and physical training. The curriculum
11    shall include specific training in techniques for
12    immediate response to and investigation of cases of
13    domestic violence and of sexual assault of adults and
14    children, including cultural perceptions and common myths
15    of sexual assault and sexual abuse as well as interview
16    techniques that are age sensitive and are trauma informed,
17    victim centered, and victim sensitive. The curriculum
18    shall include training in techniques designed to promote
19    effective communication at the initial contact with crime
20    victims and ways to comprehensively explain to victims and
21    witnesses their rights under the Rights of Crime Victims
22    and Witnesses Act and the Crime Victims Compensation Act.
23    The curriculum shall also include training in effective
24    recognition of and responses to stress, trauma, and
25    post-traumatic stress experienced by law enforcement
26    police officers that is consistent with Section 25 of the

 

 

10100SB1968ham001- 719 -LRB101 08002 RLC 74920 a

1    Illinois Mental Health First Aid Training Act in a peer
2    setting, including recognizing signs and symptoms of
3    work-related cumulative stress, issues that may lead to
4    suicide, and solutions for intervention with peer support
5    resources. The curriculum shall include a block of
6    instruction addressing the mandatory reporting
7    requirements under the Abused and Neglected Child
8    Reporting Act. The curriculum shall also include a block of
9    instruction aimed at identifying and interacting with
10    persons with autism and other developmental or physical
11    disabilities, reducing barriers to reporting crimes
12    against persons with autism, and addressing the unique
13    challenges presented by cases involving victims or
14    witnesses with autism and other developmental
15    disabilities. The curriculum shall include training in the
16    detection and investigation of all forms of human
17    trafficking. The curriculum shall also include instruction
18    in trauma-informed responses designed to ensure the
19    physical safety and well-being of a child of an arrested
20    parent or immediate family member; this instruction must
21    include, but is not limited to: (1) understanding the
22    trauma experienced by the child while maintaining the
23    integrity of the arrest and safety of officers, suspects,
24    and other involved individuals; (2) de-escalation tactics
25    that would include the use of force when reasonably
26    necessary; and (3) inquiring whether a child will require

 

 

10100SB1968ham001- 720 -LRB101 08002 RLC 74920 a

1    supervision and care. The curriculum for permanent law
2    enforcement police officers shall include, but not be
3    limited to: (1) refresher and in-service training in any of
4    the courses listed above in this subparagraph, (2) advanced
5    courses in any of the subjects listed above in this
6    subparagraph, (3) training for supervisory personnel, and
7    (4) specialized training in subjects and fields to be
8    selected by the board. The training in the use of
9    electronic control devices shall be conducted for
10    probationary law enforcement police officers, including
11    University police officers.
12        b. Minimum courses of study, attendance requirements
13    and equipment requirements.
14        c. Minimum requirements for instructors.
15        d. Minimum basic training requirements, which a
16    probationary law enforcement police officer must
17    satisfactorily complete before being eligible for
18    permanent employment as a local law enforcement officer for
19    a participating local governmental or state governmental
20    agency. Those requirements shall include training in first
21    aid (including cardiopulmonary resuscitation).
22        e. Minimum basic training requirements, which a
23    probationary county corrections officer must
24    satisfactorily complete before being eligible for
25    permanent employment as a county corrections officer for a
26    participating local governmental agency.

 

 

10100SB1968ham001- 721 -LRB101 08002 RLC 74920 a

1        f. Minimum basic training requirements which a
2    probationary court security officer must satisfactorily
3    complete before being eligible for permanent employment as
4    a court security officer for a participating local
5    governmental agency. The Board shall establish those
6    training requirements which it considers appropriate for
7    court security officers and shall certify schools to
8    conduct that training.
9        A person hired to serve as a court security officer
10    must obtain from the Board a certificate (i) attesting to
11    the officer's his or her successful completion of the
12    training course; (ii) attesting to the officer's his or her
13    satisfactory completion of a training program of similar
14    content and number of hours that has been found acceptable
15    by the Board under the provisions of this Act; or (iii)
16    attesting to the Board's determination that the training
17    course is unnecessary because of the person's extensive
18    prior law enforcement experience.
19        Individuals who currently serve as court security
20    officers shall be deemed qualified to continue to serve in
21    that capacity so long as they are certified as provided by
22    this Act within 24 months of June 1, 1997 (the effective
23    date of Public Act 89-685). Failure to be so certified,
24    absent a waiver from the Board, shall cause the officer to
25    forfeit his or her position.
26        All individuals hired as court security officers on or

 

 

10100SB1968ham001- 722 -LRB101 08002 RLC 74920 a

1    after June 1, 1997 (the effective date of Public Act
2    89-685) shall be certified within 12 months of the date of
3    their hire, unless a waiver has been obtained by the Board,
4    or they shall forfeit their positions.
5        The Sheriff's Merit Commission, if one exists, or the
6    Sheriff's Office if there is no Sheriff's Merit Commission,
7    shall maintain a list of all individuals who have filed
8    applications to become court security officers and who meet
9    the eligibility requirements established under this Act.
10    Either the Sheriff's Merit Commission, or the Sheriff's
11    Office if no Sheriff's Merit Commission exists, shall
12    establish a schedule of reasonable intervals for
13    verification of the applicants' qualifications under this
14    Act and as established by the Board.
15        g. Minimum in-service training requirements, which a
16    law enforcement police officer must satisfactorily
17    complete every 3 years. Those requirements shall include
18    constitutional and proper use of law enforcement
19    authority, procedural justice, civil rights, human rights,
20    mental health awareness and response, officer wellness,
21    reporting child abuse and neglect, and cultural
22    competency.
23        h. Minimum in-service training requirements, which a
24    law enforcement police officer must satisfactorily
25    complete at least annually. Those requirements shall
26    include law updates and use of force training which shall

 

 

10100SB1968ham001- 723 -LRB101 08002 RLC 74920 a

1    include scenario based training, or similar training
2    approved by the Board.
3(Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18;
4100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff.
51-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215,
6eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19;
7101-564, eff. 1-1-20; revised 9-10-19.)
 
8    (50 ILCS 705/7.5)
9    Sec. 7.5. Law enforcement Police pursuit guidelines. The
10Board shall annually review police pursuit procedures and make
11available suggested law enforcement police pursuit guidelines
12for law enforcement agencies. This Section does not alter the
13effect of previously existing law, including the immunities
14established under the Local Governmental and Governmental
15Employees Tort Immunity Act.
16(Source: P.A. 88-637, eff. 9-9-94.)
 
17    (50 ILCS 705/8)  (from Ch. 85, par. 508)
18    Sec. 8. Participation required. All home rule local
19governmental units shall comply with Sections 6.3, 8.1, and 8.2
20and any other mandatory provisions of this Act. This Act is a
21limitation on home rule powers under subsection (i) of Section
226 of Article VII of the Illinois Constitution.
23(Source: P.A. 89-170, eff. 1-1-96.)
 

 

 

10100SB1968ham001- 724 -LRB101 08002 RLC 74920 a

1    (50 ILCS 705/8.1)  (from Ch. 85, par. 508.1)
2    Sec. 8.1. Full-time law enforcement police and county
3corrections officers.
4    (a) No After January 1, 1976, no person shall receive a
5permanent appointment as a law enforcement officer or as
6defined in this Act nor shall any person receive, after the
7effective date of this amendatory Act of 1984, a permanent
8appointment as a county corrections officer unless that person
9has been awarded, within 6 months of the officer's his or her
10initial full-time employment, a certificate attesting to the
11officer's his or her successful completion of the Minimum
12Standards Basic Law Enforcement or and County Correctional
13Training Course as prescribed by the Board; or has been awarded
14a certificate attesting to the officer's his or her
15satisfactory completion of a training program of similar
16content and number of hours and which course has been found
17acceptable by the Board under the provisions of this Act; or a
18training waiver by reason of extensive prior law enforcement or
19county corrections experience the basic training requirement
20is determined by the Board to be illogical and unreasonable.
21    If such training is required and not completed within the
22applicable 6 months, then the officer must forfeit the
23officer's his or her position, or the employing agency must
24obtain a waiver from the Board extending the period for
25compliance. Such waiver shall be issued only for good and
26justifiable reasons, and in no case shall extend more than 90

 

 

10100SB1968ham001- 725 -LRB101 08002 RLC 74920 a

1days beyond the initial 6 months. Any hiring agency that fails
2to train a law enforcement officer within this period shall be
3prohibited from employing this individual in a law enforcement
4capacity for one year from the date training was to be
5completed. If an agency again fails to train the individual a
6second time, the agency shall be permanently barred from
7employing this individual in a law enforcement capacity.
8    An individual who is not certified by the Board or whose
9certified status is inactive shall not function as a law
10enforcement officer, be assigned the duties of a law
11enforcement officer by an employing agency, or be authorized to
12carry firearms under the authority of the employer, except as
13otherwise authorized to carry a firearm under State or federal
14law. Sheriffs who are elected as of the effective date of this
15Amendatory Act of the 101st General Assembly, are exempt from
16the requirement of certified status. Failure to be certified in
17accordance with this Act shall cause the officer to forfeit the
18officer's position.
19    An employing agency may not grant a person status as a law
20enforcement officer unless the person has been granted an
21active law enforcement officer certification by the Board.
22    (b) Inactive status. A person who has an inactive law
23enforcement officer certification has no law enforcement
24authority.
25        (1) A law enforcement officer's certification becomes
26    inactive upon termination, resignation, retirement, or

 

 

10100SB1968ham001- 726 -LRB101 08002 RLC 74920 a

1    separation from the officer's employing governmental
2    agency for any reason. The Board shall re-activate a
3    certification upon written application from the law
4    enforcement officer's governmental agency that shows the
5    law enforcement officer: (i) has accepted a full-time law
6    enforcement position with that governmental agency, (ii)
7    is not the subject of a decertification proceeding, and
8    (iii) meets all other criteria for re-activation required
9    by the Board. The Board may also establish special training
10    requirements to be completed as a condition for
11    re-activation.
12        A law enforcement officer who is refused reactivation
13    under this Section may request a hearing in accordance with
14    the hearing procedures as outlined in subsection (h) of
15    Section 6.3 of this Act.
16        The Board may refuse to re-activate the certification
17    of a law enforcement officer who was involuntarily
18    terminated for good cause by his or her governmental agency
19    for conduct subject to decertification under this Act or
20    resigned or retired after receiving notice of a
21    governmental agency's investigation.
22        (2) A law enforcement officer who is currently
23    certified can place his or her certificate on inactive
24    status by sending a written request to the Board. A law
25    enforcement officer whose certificate has been placed on
26    inactive status shall not function as a law enforcement

 

 

10100SB1968ham001- 727 -LRB101 08002 RLC 74920 a

1    officer until the officer has completed any requirements
2    for reactivating the certificate as required by the Board.
3    A request for inactive status in this subsection shall be
4    in writing, accompanied by verifying documentation, and
5    shall be submitted to the Board with a copy to the chief
6    administrator of the law enforcement officer's
7    governmental agency.
8        (3) Certification that has become inactive under
9    paragraph (2) of this subsection (b), shall be reactivated
10    by written notice from the law enforcement officer's agency
11    upon a showing that the law enforcement officer is: (i)
12    employed in a full-time law enforcement position with the
13    same governmental agency (ii) not the subject of a
14    decertification proceeding, and (iii) meets all other
15    criteria for re-activation required by the Board.
16        (4) Notwithstanding paragraph (3) of this subsection
17    (b), a law enforcement officer whose certification has
18    become inactive under paragraph (2) may have the officer's
19    governmental agency submit a request for a waiver of
20    training requirements to the Board. A grant of a waiver is
21    within the discretion of the Board. Within 7 days of
22    receiving a request for a waiver under this section, the
23    Board shall notify the law enforcement officer and the
24    chief administrator of the law enforcement officer's
25    governmental agency, whether the request has been granted,
26    denied, or if the Board will take additional time for

 

 

10100SB1968ham001- 728 -LRB101 08002 RLC 74920 a

1    information. A law enforcement officer whose request for a
2    waiver under this subsection is denied is entitled to
3    appeal the denial to the Board within 20 days of the waiver
4    being denied.
5    (c) (b) No provision of this Section shall be construed to
6mean that a law enforcement officer employed by a local
7governmental agency at the time of the effective date of this
8amendatory Act, either as a probationary police officer or as a
9permanent police officer, shall require certification under
10the provisions of this Section. No provision of this Section
11shall be construed to mean that a county corrections officer
12employed by a local governmental agency at the time of the
13effective date of this amendatory Act of 1984, either as a
14probationary county corrections or as a permanent county
15corrections officer, shall require certification under the
16provisions of this Section. No provision of this Section shall
17be construed to apply to certification of elected county
18sheriffs.
19    (d) Within 14 days, a law enforcement officer shall report
20to the Board: (1) any name change; (2) any change in
21employment; or (3) the filing of any criminal indictment or
22charges against the officer alleging that the officer committed
23any offense as enumerated in section 6.1 of this Act.
24    (e) All law enforcement officers must report the completion
25of the training requirements required in this Act in compliance
26with Section 8.4 of this Act.

 

 

10100SB1968ham001- 729 -LRB101 08002 RLC 74920 a

1    (e-1) Each employing governmental agency shall allow and
2provide an opportunity for a law enforcement officer to
3complete the mandated requirements in this Act.
4    (f) (c) This Section does not apply to part-time law
5enforcement police officers or probationary part-time law
6enforcement police officers.
7(Source: P.A. 101-187, eff. 1-1-20.)
 
8    (50 ILCS 705/8.2)
9    Sec. 8.2. Part-time law enforcement police officers.
10    (a) A person hired to serve as a part-time law enforcement
11police officer must obtain from the Board a certificate (i)
12attesting to the officer's his or her successful completion of
13the part-time police training course; (ii) attesting to the
14officer's his or her satisfactory completion of a training
15program of similar content and number of hours that has been
16found acceptable by the Board under the provisions of this Act;
17or (iii) a training waiver attesting to the Board's
18determination that the part-time police training course is
19unnecessary because of the person's extensive prior law
20enforcement experience. A person hired on or after the
21effective date of this amendatory Act of the 92nd General
22Assembly must obtain this certificate within 18 months after
23the initial date of hire as a probationary part-time law
24enforcement police officer in the State of Illinois. The
25probationary part-time law enforcement police officer must be

 

 

10100SB1968ham001- 730 -LRB101 08002 RLC 74920 a

1enrolled and accepted into a Board-approved course within 6
2months after active employment by any department in the State.
3A person hired on or after January 1, 1996 and before the
4effective date of this amendatory Act of the 92nd General
5Assembly must obtain this certificate within 18 months after
6the date of hire. A person hired before January 1, 1996 must
7obtain this certificate within 24 months after the effective
8date of this amendatory Act of 1995.
9    The employing agency may seek an extension a waiver from
10the Board extending the period for compliance. An extension A
11waiver shall be issued only for good and justifiable reasons,
12and the probationary part-time law enforcement police officer
13may not practice as a part-time law enforcement police officer
14during the extension waiver period. If training is required and
15not completed within the applicable time period, as extended by
16any waiver that may be granted, then the officer must forfeit
17the officer's his or her position.
18    An individual who is not certified by the Board or whose
19certified status is inactive shall not function as a law
20enforcement officer, be assigned the duties of a law
21enforcement officer by an agency, or be authorized to carry
22firearms under the authority of the employer, except that
23sheriffs who are elected are exempt from the requirement of
24certified status. Failure to be in accordance with this Act
25shall cause the officer to forfeit the officer's position.
26    A part-time probationary officer shall be allowed to

 

 

10100SB1968ham001- 731 -LRB101 08002 RLC 74920 a

1complete six months of a part-time police training course and
2function as a law enforcement officer with a waiver from the
3Board, provided the part-time law enforcement officer is still
4enrolled in the training course. If the part-time probationary
5officer withdraws from the course for any reason or does not
6complete the course within the applicable time period, as
7extended by any waiver that may be granted, then the officer
8must forfeit the officer's position.
9    A governmental agency may not grant a person status as a
10law enforcement officer unless the person has been granted an
11active law enforcement officer certification by the Board.
12    (b) Inactive status. A person who has an inactive law
13enforcement officer certification has no law enforcement
14authority. (Blank).
15        (1) A law enforcement officer's certification becomes
16    inactive upon termination, resignation, retirement, or
17    separation from the governmental agency for any reason. The
18    Board shall re-activate a certification upon written
19    application from the law enforcement officer's
20    governmental agency that shows the law enforcement
21    officer: (i) has accepted a part-time law enforcement
22    position with that a governmental agency, (ii) is not the
23    subject of a decertification proceeding, and (iii) meets
24    all other criteria for re-activation required by the Board.
25        The Board may refuse to re-activate the certification
26    of a law enforcement officer who was involuntarily

 

 

10100SB1968ham001- 732 -LRB101 08002 RLC 74920 a

1    terminated for good cause by the officer's governmental
2    agency for conduct subject to decertification under this
3    Act or resigned or retired after receiving notice of a
4    governmental agency's investigation.
5        (2) A law enforcement officer who is currently
6    certified can place his or her certificate on inactive
7    status by sending a written request to the Board. A law
8    enforcement officer whose certificate has been placed on
9    inactive status shall not function as a law enforcement
10    officer until the officer has completed any requirements
11    for reactivating the certificate as required by the Board.
12    A request for inactive status in this subsection shall be
13    in writing, accompanied by verifying documentation, and
14    shall be submitted to the Board by the law enforcement
15    officer's governmental agency.
16        (3) Certification that has become inactive under
17    paragraph (2) of this subsection (b), shall be reactivated
18    by written notice from the law enforcement officer's agency
19    upon a showing that the law enforcement officer is: (i)
20    employed in a full-time law enforcement position with the
21    same governmental agency, (ii) not the subject of a
22    decertification proceeding, and (iii) meets all other
23    criteria for re-activation required by the Board. The Board
24    may also establish special training requirements to be
25    completed as a condition for re-activation.
26        A law enforcement officer who is refused reactivation

 

 

10100SB1968ham001- 733 -LRB101 08002 RLC 74920 a

1    under this Section may request a hearing in accordance with
2    the hearing procedures as outlined in subsection (h) of
3    Section 6.3 of this Act.
4        (4) Notwithstanding paragraph (3) of this Section, a
5    law enforcement officer whose certification has become
6    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) The part-time police training course referred to in
20this Section shall be of similar content and the same number of
21hours as the courses for full-time officers and shall be
22provided by Mobile Team In-Service Training Units under the
23Intergovernmental Law Enforcement Officer's In-Service
24Training Act or by another approved program or facility in a
25manner prescribed by the Board.
26    (d) Within 14 days, a law enforcement officer shall report

 

 

10100SB1968ham001- 734 -LRB101 08002 RLC 74920 a

1to the Board: (1) any name change; (2) any change in
2employment; or (3) the filing of any criminal indictment or
3charges against the officer alleging that the officer committed
4any offense as enumerated in section 6.1 of this Act.
5    (e) All law enforcement officers must report the completion
6of the training requirements required in this Act in compliance
7with Section 8.4 of this Act.
8    (e-1) Each employing agency shall allow and provide an
9opportunity for a law enforcement officer to complete the
10requirements in this Act.
11    (f) (d) For the purposes of this Section, the Board shall
12adopt rules defining what constitutes employment on a part-time
13basis.
14(Source: P.A. 92-533, eff. 3-14-02.)
 
15    (50 ILCS 705/8.3 new)
16    Sec. 8.3. Emergency order of suspension.
17    (a) The Board, upon being notified that a law enforcement
18officer has been arrested or indicted on any felony charge or
19charges, may immediately suspend the law enforcement officer's
20certification. The Board shall also notify the chief
21administrator of any governmental agency currently employing
22the officer. The Board shall have authority to dissolve an
23emergency order of suspension at any time for any reason.
24    (b) Notice of the immediate suspension shall be served on
25the law enforcement officer, the governmental agency, the chief

 

 

10100SB1968ham001- 735 -LRB101 08002 RLC 74920 a

1executive of the municipality, and state the reason for
2suspension within seven days.
3    (c) Upon service of the notice, the law enforcement officer
4shall have 30 days to request to be heard by the Panel. The
5hearing, if requested by the licensee, shall follow the hearing
6procedures as outlined in subsection (h) of Section 6.3 of this
7Act.
8    (d) At the meeting, the law enforcement officer may present
9evidence, witnesses and argument as to why the officer's
10certification should not be suspended. The Panel shall review
11the suspension, and if the Panel finds that the proof is
12evident or the presumption great that the officer has committed
13the offense charged, the Panel can sustain or reduce the length
14of the suspension. If the Panel does not find that the proof is
15evident or the presumption great that the officer has committed
16the offense charged, the Panel can reverse the suspension.
17    If the law enforcement officer does not request to be heard
18or does not appear, the Panel may hold the hearing in the
19officer's absence. The law enforcement officer and the
20governmental agency shall be notified of the decision of the
21Panel within 7 days. The law enforcement officer may request to
22suspend the hearing until after the officer's criminal trial
23has occurred, however the suspension will remain intact until
24the hearing.
25    (e) Findings and conclusions made in hearing for an
26emergency suspension shall not be binding on any party in any

 

 

10100SB1968ham001- 736 -LRB101 08002 RLC 74920 a

1subsequent proceeding under this Act.
2    (f) A Panel member acting in good faith, and not in a
3willful and wanton manner, in accordance with this Section,
4shall not, as a result of such actions, be subject to criminal
5prosecution or civil damages, including but not limited to lost
6wages.
 
7    (50 ILCS 705/8.4 new)
8    Sec. 8.4. Law Enforcement Compliance Verification.
9    (a)(1) Unless on inactive status under subsection (b) of
10Section 8.1 or subsection (b) of Section 8.2, every law
11enforcement officer subject to this Act shall submit a
12verification form that confirms compliance with this Act. The
13verification shall apply to the 3 calendar years preceding the
14date of verification. Law enforcement officers shall submit the
15officer's first report by January 30 during the initial
16three-year reporting period, as determined on the basis of the
17law enforcement officer's last name under paragraph (2) of this
18subsection then every third year of the officer's applicable
19three-year report period as determined by the Board. At the
20conclusion of each law enforcement officer's applicable
21reporting period, the chief administrative officer of the
22officer's governmental agency is to determine the compliance of
23each officer under this Section. An officer may verify their
24successful completion of training requirements with their
25governmental agency. Each law enforcement officer is

 

 

10100SB1968ham001- 737 -LRB101 08002 RLC 74920 a

1responsible for reporting and demonstrating compliance to the
2officer's chief administrative officer.
3    (2) The applicable three-year reporting period shall begin
4on January 30, 2023 for law enforcement officers whose last
5names being with the letters A through G, on January 30, 2024
6for law enforcement officers whose last names being with the
7letters H through O, and January 30, 2025 for law enforcement
8officers whose last names being with the letters P through Z.
9    (3) The compliance verification form shall be in a form and
10manner prescribed by the Board and, at a minimum, include the
11following: (i) verification that the law enforcement officer
12has completed the mandatory training programs in the preceding
133 years; (ii) the law enforcement officer's current employment
14information, including but not limited to, the termination of
15any previous law enforcement or security employment in the
16relevant time period; and (iii) a statement verifying that the
17officer has not committed misconduct under Section 6.1.
18    (b) (1) On October 1 of each year, the Board shall send
19notice to all certified law enforcement officers, unless
20exempted in (a), of the upcoming deadline to submit the
21compliance verification form. No later than March 1 of each
22year, the Board shall send notice to all certified law
23enforcement officers who have failed to submit the compliance
24verification form, as well as the officer's governmental
25agencies. The Board shall not send a notice of noncompliance to
26law enforcement officers whom the Board knows, based on the

 

 

10100SB1968ham001- 738 -LRB101 08002 RLC 74920 a

1status of the law enforcement officer's certification status,
2are inactive or retired. The Board may accept compliance
3verification forms until April 1 of the year in which a law
4enforcement officer is required to submit the form.
5    (2) No earlier than April 1 of the year in which a law
6enforcement officer is required to submit a verification form,
7the Board may determine a law enforcement officer's
8certification to be inactive if the law enforcement officer
9failed to either: (1) submit a compliance verification in
10accordance with this Section; or (2) report an exemption from
11the requirements of this Section. The Board shall then send
12notice, by mail or email, to any such law enforcement officer
13and the officer's governmental agency that the officer's
14certificate will be deemed inactive on the date specified in
15the notice, which shall be no sooner than 21 days from the date
16of the notice, because of the officer's failure to comply or
17report compliance, or failure to report an exemption. The Board
18shall deem inactive the certificate of such law enforcement
19officers on the date specified in the notice unless the Board
20determines before that date that the law enforcement officer
21has complied. A determination that a certificate is inactive
22under this section is not a disciplinary sanction.
23    (3) A law enforcement officer who was on voluntary inactive
24status shall, upon return to active status, be required to
25complete the deferred training programs within 1 year.
26    (4) The Board may waive the reporting requirements, as

 

 

10100SB1968ham001- 739 -LRB101 08002 RLC 74920 a

1required in this section, if the law enforcement officer or the
2officer's governmental agency demonstrates the existence of
3mitigating circumstances justifying the law enforcement
4officer's failure to obtain the training requirements due to
5failure of the officer's governmental agency or the Board to
6offer the training requirement during the officer's required
7compliance verification period. If the Board finds that the law
8enforcement officer can meet the training requirements with
9extended time, the Board may allow the law enforcement officer
10a maximum of six additional months to complete the
11requirements.
12    (5) A request for a training waiver under this subsection
13due to the mitigating circumstance shall be in writing,
14accompanied by verifying documentation, and shall be submitted
15to the Board not less than 30 days before the end of the law
16enforcement officer's required compliance verification period.
17    (6) A law enforcement officer whose request for waiver
18under this subsection is denied, is entitled to a request for a
19review by the Board. The law enforcement officer or the
20officer's governmental agency must request a review within 20
21days of the waiver being denied. The burden of proof shall be
22on the law enforcement officer to show why the officer is
23entitled to a waiver.
24    (c) Recordkeeping and Audits.
25        (1) For four years after the end of each reporting
26    period, each certified law enforcement officer shall

 

 

10100SB1968ham001- 740 -LRB101 08002 RLC 74920 a

1    maintain sufficient documentation necessary to corroborate
2    compliance with the mandatory training requirements under
3    this Act.
4        (2) Notwithstanding any other provision in state law,
5    for four years after the end of each reporting period, each
6    governmental agency shall maintain sufficient
7    documentation necessary to corroborate compliance with the
8    mandatory training requirements under this Act of each
9    officer it employs or employed within the relevant time
10    period.
11        (3) The Board may audit compliance verification forms
12    submitted to determine the accuracy of the submissions. The
13    audit may include but is not limited to, training
14    verification and a law enforcement officer background
15    check.
16    (d) Audits that Reveal an Inaccurate Verification.
17        (1) If an audit conducted under paragraph (3) of
18    subsection (c) of this Section reveals inaccurate
19    information, the Board shall provide the law enforcement
20    officer and employing governmental agency with written
21    notice containing: (i) the results of the audit, specifying
22    each alleged inaccuracy; (ii) a summary of the basis of
23    that determination; and (iii) a deadline, which shall be at
24    least 30 days from the date of the notice, for the law
25    enforcement officer to file a written response if the law
26    enforcement officer objects to any of the contents of the

 

 

10100SB1968ham001- 741 -LRB101 08002 RLC 74920 a

1    notice.
2        (2) After considering any response from the law
3    enforcement officer, if the Board determines that the law
4    enforcement officer filed an inaccurate verification, the
5    law enforcement officer shall be given 60 days in which to
6    file an amended verification form, together with all
7    documentation specified in paragraph (e)(1), demonstrating
8    full compliance with the applicable requirements.
9        (3) If the results of the audit suggest that the law
10    enforcement officer willfully filed a false verification
11    form, the Board shall submit a formal complaint to the
12    Panel for decertification. An officer who has been
13    decertified for willfully filing a false verification form
14    shall not be eligible for reactivation under subsection
15    (e).
16    (e) Reactivation. A law enforcement officer who has been
17deemed inactive due to noncompliance with the reporting
18requirements under paragraph (a)(1) may request to have the
19Board re-activate his or her certification upon submitting a
20compliance verification form that shows full compliance for the
21period in which the law enforcement officer was deemed inactive
22due to noncompliance. The Board shall make a determination
23regarding a submission under this subsection active no later
24than 7 days after the Board determines full compliance or
25continued noncompliance.
 

 

 

10100SB1968ham001- 742 -LRB101 08002 RLC 74920 a

1    (50 ILCS 705/9)  (from Ch. 85, par. 509)
2    Sec. 9. A special fund is hereby established in the State
3Treasury to be known as the Traffic and Criminal Conviction
4Surcharge Fund. Moneys in this Fund shall be expended as
5follows:
6        (1) a portion of the total amount deposited in the Fund
7    may be used, as appropriated by the General Assembly, for
8    the ordinary and contingent expenses of the Illinois Law
9    Enforcement Training Standards Board;
10        (2) a portion of the total amount deposited in the Fund
11    shall be appropriated for the reimbursement of local
12    governmental agencies participating in training programs
13    certified by the Board, in an amount equaling 1/2 of the
14    total sum paid by such agencies during the State's previous
15    fiscal year for mandated training for probationary law
16    enforcement police officers or probationary county
17    corrections officers and for optional advanced and
18    specialized law enforcement or county corrections
19    training; these reimbursements may include the costs for
20    tuition at training schools, the salaries of trainees while
21    in schools, and the necessary travel and room and board
22    expenses for each trainee; if the appropriations under this
23    paragraph (2) are not sufficient to fully reimburse the
24    participating local governmental agencies, the available
25    funds shall be apportioned among such agencies, with
26    priority first given to repayment of the costs of mandatory

 

 

10100SB1968ham001- 743 -LRB101 08002 RLC 74920 a

1    training given to law enforcement officer or county
2    corrections officer recruits, then to repayment of costs of
3    advanced or specialized training for permanent law
4    enforcement police officers or permanent county
5    corrections officers;
6        (3) a portion of the total amount deposited in the Fund
7    may be used to fund the Intergovernmental Law Enforcement
8    Officer's In-Service Training Act, veto overridden October
9    29, 1981, as now or hereafter amended, at a rate and method
10    to be determined by the board;
11        (4) a portion of the Fund also may be used by the
12    Illinois Department of State Police for expenses incurred
13    in the training of employees from any State, county or
14    municipal agency whose function includes enforcement of
15    criminal or traffic law;
16        (5) a portion of the Fund may be used by the Board to
17    fund grant-in-aid programs and services for the training of
18    employees from any county or municipal agency whose
19    functions include corrections or the enforcement of
20    criminal or traffic law;
21        (6) for fiscal years 2013 through 2017 only, a portion
22    of the Fund also may be used by the Department of State
23    Police to finance any of its lawful purposes or functions;
24        (7) a portion of the Fund may be used by the Board,
25    subject to appropriation, to administer grants to local law
26    enforcement agencies for the purpose of purchasing

 

 

10100SB1968ham001- 744 -LRB101 08002 RLC 74920 a

1    bulletproof vests under the Law Enforcement Officer
2    Bulletproof Vest Act; and
3        (8) a portion of the Fund may be used by the Board to
4    create a law enforcement grant program available for units
5    of local government to fund crime prevention programs,
6    training, and interdiction efforts, including enforcement
7    and prevention efforts, relating to the illegal cannabis
8    market and driving under the influence of cannabis.
9    All payments from the Traffic and Criminal Conviction
10Surcharge Fund shall be made each year from moneys appropriated
11for the purposes specified in this Section. No more than 50% of
12any appropriation under this Act shall be spent in any city
13having a population of more than 500,000. The State Comptroller
14and the State Treasurer shall from time to time, at the
15direction of the Governor, transfer from the Traffic and
16Criminal Conviction Surcharge Fund to the General Revenue Fund
17in the State Treasury such amounts as the Governor determines
18are in excess of the amounts required to meet the obligations
19of the Traffic and Criminal Conviction Surcharge Fund.
20(Source: P.A. 100-987, eff. 7-1-19; 101-27, eff. 6-25-19.)
 
21    (50 ILCS 705/9.2 new)
22    Sec. 9.2. Officer professional conduct database;
23Transparency.
24    (a) All governmental agencies and the Illinois State Police
25shall notify the Board of any final determination of a willful

 

 

10100SB1968ham001- 745 -LRB101 08002 RLC 74920 a

1violation of department, agency, or the Illinois State Police
2policy, official misconduct, or violation of law within 10 days
3when:
4        (1) the determination leads to a suspension of at least
5    10 days;
6        (2) any infraction that would trigger an official or
7    formal investigation under a governmental agency or the
8    Illinois State Police policy;
9        (3) there is an allegation of misconduct or regarding
10    truthfulness as to a material fact, bias, or integrity; or
11        (4) the officer resigns or retires during the course of
12    an investigation and the officer has been served notice
13    that the officer is under investigation.
14    Agencies and the Illinois State Police may report to the
15Board any conduct they deem appropriate to disseminate to
16another governmental agency regarding a law enforcement
17officer.
18    The agency or the Illinois State Police shall report to the
19Board within 10 days of a final determination and final
20exhaustion of any administrative appeal, or the law enforcement
21officer's resignation or retirement, and shall provide
22information regarding the nature of the violation. This
23notification shall not necessarily trigger certification
24review.
25    A governmental agency and the Illinois State Police shall
26be immune from liability for a disclosure made as described in

 

 

10100SB1968ham001- 746 -LRB101 08002 RLC 74920 a

1this subsection, unless the disclosure would constitute
2intentional misrepresentation or gross negligence.
3    (b) Upon receiving notification from a governmental agency
4or the Illinois State Police, the Board must notify the law
5enforcement officer of the report and the officer's right to
6provide a statement regarding the reported violation.
7    (c) The Board shall maintain a database readily available
8to any chief administrative officer, or the officer's designee,
9of a governmental agency and the Illinois State Police that
10shall show for each law enforcement officer: (i) dates of
11certification, decertification, and inactive status; (ii) each
12sustained instance of departmental misconduct that lead to a
13suspension at least 10 days or any infraction that would
14trigger an official or formal investigation under the
15governmental agency policy, any allegation of misconduct
16regarding truthfulness as to a material fact, bias, or
17integrity, or any other reported violation, the nature of the
18violation, the reason for the final decision of discharge or
19dismissal, and any statement provided by the officer; (iii)
20date of separation from employment from any local or state
21governmental agency; (iv) the reason for separation from
22employment, including, but not limited to: whether the
23separation was based on misconduct or occurred while the local
24or State governmental agency was conducting an investigation of
25the certified individual for a violation of an employing
26agency's rules, policy or procedure or other misconduct or

 

 

10100SB1968ham001- 747 -LRB101 08002 RLC 74920 a

1improper action.
2        (1) This database shall also be accessible to the
3    State's Attorney of any county in this State and the
4    Attorney General for the purpose of complying with
5    obligations under Brady v. Maryland (373 U.S. 83) or Giglio
6    v. United States (405 U.S. 150). This database shall also
7    be accessible to the chief administrative officer of any
8    governmental agency for the purposes of hiring law
9    enforcement officers. This database shall not be
10    accessible to anyone not listed in this subsection.
11        (2) Before a governmental agency may appoint a law
12    enforcement officer or a person seeking a certification as
13    a law enforcement officer in this State, the chief
14    administrative officer or designee must check the Officer
15    Professional Conduct Database, contact each person's
16    previous law enforcement employers, and document the
17    contact. This documentation must be available for review by
18    the Board for a minimum of five years after the law
19    enforcement officer's termination, retirement, resignation
20    or separation with that agency.
21        (3) The database, documents, materials, or other
22    information in the possession or control of the Board that
23    are obtained by or disclosed to the Board under this
24    subsection shall be confidential by law and privileged,
25    shall not be subject to subpoena, and shall not be subject
26    to discovery or admissible in evidence in any private civil

 

 

10100SB1968ham001- 748 -LRB101 08002 RLC 74920 a

1    action. However, the Board is authorized to use such
2    documents, materials, or other information in furtherance
3    of any regulatory or legal action brought as part of the
4    Board's official duties. Unless otherwise required by law,
5    the Board shall not disclose the database or make such
6    documents, materials, or other information public without
7    the prior written consent of the governmental agency and
8    the law enforcement officer. Neither the Board nor any
9    person who received documents, materials or other
10    information shared under this subsection shall be required
11    to testify in any private civil action concerning the
12    database or any confidential documents, materials, or
13    information subject to this subsection.
14    Nothing in this Section shall exempt a governmental agency
15from disclosing public records in accordance with the Freedom
16of Information Act.
17    (d) The Board shall maintain a searchable database of law
18enforcement officers accessible to the public that shall
19include: (i) the law enforcement officer's local or state
20governmental agency; (ii) the date of the officer's initial
21certification and the officer's current certification status;
22and (iii) any sustained complaint of misconduct that resulted
23in decertification and the date thereof; provided, however,
24that information shall not be included in the database that
25would allow the public to ascertain the home address of an
26officer or another person; provided further, that information

 

 

10100SB1968ham001- 749 -LRB101 08002 RLC 74920 a

1regarding an officer's or another person's family member shall
2not be included in the database. The Board shall make the
3database publicly available on its website.
4    (e) The Board shall maintain a searchable database of all
5completed investigations against law enforcement officers
6related to decertification. The database shall identify each
7law enforcement officer by a confidential and anonymous number
8and include: (i) the law enforcement officer's local or state
9governmental agency; (ii) the date of the incident referenced
10in the complaint; (iii) the location of the incident; (iv) the
11race and ethnicity of each officer involved in the incident;
12(v) the age, gender, race and ethnicity of each person involved
13in the incident, if known; (vi) whether a person in the
14complaint, including a law enforcement officer, was injured,
15received emergency medical care, was hospitalized or died as a
16result of the incident; (vii) the governmental agency or other
17entity assigned to conduct an investigation of the incident;
18(viii) when the investigation was completed; (ix) whether the
19complaint was sustained; and (x) the type of misconduct
20investigated; provided, however, that the Board shall redact or
21withhold such information as necessary to prevent the
22disclosure of the identity of an officer. The Board shall make
23the database publicly available on its website.
24    (e-1) An investigation is complete when the investigation
25has either been terminated or the decertification action,
26including the administrative review process, has been

 

 

10100SB1968ham001- 750 -LRB101 08002 RLC 74920 a

1completed, whichever is later.
2    (f) Annual report. The Board shall submit an annual report
3to the Governor, Attorney General, President and Minority
4Leader of the Senate, and the Speaker and Minority Leader of
5the House of Representatives beginning on March 1, 2023, and
6every year thereafter indicating:
7        (1) the number of complaints received in the preceding
8    calendar year, including but not limited to the race,
9    gender, and type of complaints received;
10        (2) the number of investigations initiated in the
11    preceding calendar year since the date of the last report;
12        (3) the number of investigations concluded in the
13    preceding calendar year;
14        (4) the number of investigations pending as of the
15    reporting date;
16        (5) the number of hearings held in the preceding
17    calendar year; and
18        (6) the number of officers decertified in the preceding
19    calendar year.
 
20    (50 ILCS 705/10)  (from Ch. 85, par. 510)
21    Sec. 10. The Board may make, amend and rescind such rules
22and regulations as may be necessary to carry out the provisions
23of this Act, including those relating to the annual
24certification of retired law enforcement officers qualified
25under federal law to carry a concealed weapon. A copy of all

 

 

10100SB1968ham001- 751 -LRB101 08002 RLC 74920 a

1rules and regulations and amendments or rescissions thereof
2shall be filed with the Secretary of State within a reasonable
3time after their adoption. The schools certified by the Board
4and participating in the training program may dismiss from the
5school any trainee prior to the officer's his completion of the
6course, if in the opinion of the person in charge of the
7training school, the trainee is unable or unwilling to
8satisfactorily complete the prescribed course of training.
9    The Board shall adopt emergency rules to administer this
10Act in accordance with Section 5-45 of the Illinois
11Administrative Procedure Act. For the purposes of the Illinois
12Administrative Procedure Act, the General Assembly finds that
13the adoption of rules to implement this Act is deemed an
14emergency and necessary to the public interest, safety, and
15welfare.
16(Source: P.A. 94-103, eff. 7-1-05.)
 
17    (50 ILCS 705/10.1)  (from Ch. 85, par. 510.1)
18    Sec. 10.1. Additional training programs. The Board shall
19initiate, administer, and conduct training programs for
20permanent law enforcement police officers and permanent county
21corrections officers in addition to the basic recruit training
22program. The Board may initiate, administer, and conduct
23training programs for part-time law enforcement police
24officers in addition to the basic part-time law enforcement
25police training course. The training for permanent and

 

 

10100SB1968ham001- 752 -LRB101 08002 RLC 74920 a

1part-time law enforcement police officers and permanent county
2corrections officers may be given in any schools selected by
3the Board. Such training may include all or any part of the
4subjects enumerated in Section 7 of this Act.
5    The corporate authorities of all participating local
6governmental agencies may elect to participate in the advanced
7training for permanent and part-time law enforcement police
8officers and permanent county corrections officers but
9nonparticipation in this program shall not in any way affect
10the mandatory responsibility of governmental units to
11participate in the basic recruit training programs for
12probationary full-time and part-time law enforcement police
13and permanent county corrections officers. The failure of any
14permanent or part-time law enforcement police officer or
15permanent county corrections officer to successfully complete
16any course authorized under this Section shall not affect the
17officer's status as a member of the police department or county
18sheriff's office of any local governmental agency.
19    The Board may initiate, administer, and conduct training
20programs for clerks of circuit courts. Those training programs,
21at the Board's discretion, may be the same or variations of
22training programs for law enforcement officers.
23    The Board shall initiate, administer, and conduct a
24training program regarding the set up and operation of portable
25scales for all municipal and county police officers,
26technicians, and employees who set up and operate portable

 

 

10100SB1968ham001- 753 -LRB101 08002 RLC 74920 a

1scales. This training program must include classroom and field
2training.
3(Source: P.A. 90-271, eff. 7-30-97, 91-129, eff. 7-16-99.)
 
4    (50 ILCS 705/10.2)
5    Sec. 10.2. Criminal background investigations.
6    (a) On and after March 14, 2002 (the effective date of
7Public Act 92-533) this amendatory Act of the 92nd General
8Assembly, an applicant for employment as a peace officer, or
9for annual certification as a retired law enforcement officer
10qualified under federal law to carry a concealed weapon, shall
11authorize an investigation to determine if the applicant has
12been convicted of, or entered a plea of guilty to, any criminal
13offense that disqualifies the person as a peace officer.
14    (b) No governmental law enforcement agency may knowingly
15employ a person, or certify a retired law enforcement officer
16qualified under federal law to carry a concealed weapon, unless
17(i) a criminal background investigation of that person has been
18completed and (ii) that investigation reveals no convictions of
19or pleas of guilty to of offenses specified in subsection (a)
20of Section 6.1 of this Act.
21(Source: P.A. 101-187, eff. 1-1-20; revised 9-23-19.)
 
22    (50 ILCS 705/10.3)
23    Sec. 10.3. Training of law enforcement police officers to
24conduct electronic interrogations.

 

 

10100SB1968ham001- 754 -LRB101 08002 RLC 74920 a

1    (a) From appropriations made to it for that purpose, the
2Board shall initiate, administer, and conduct training
3programs for permanent law enforcement police officers,
4part-time law enforcement police officers, and recruits on the
5methods and technical aspects of conducting electronic
6recordings of interrogations.
7    (b) Subject to appropriation, the Board shall develop
8technical guidelines for the mandated recording of custodial
9interrogations in all homicide investigations by law
10enforcement agencies. These guidelines shall be developed in
11conjunction with law enforcement agencies and technology
12accreditation groups to provide guidance for law enforcement
13agencies in implementing the mandated recording of custodial
14interrogations in all homicide investigations.
15(Source: P.A. 95-688, eff. 10-23-07.)
 
16    (50 ILCS 705/10.7)
17    Sec. 10.7. Mandatory training; police chief and deputy
18police chief. Each police chief and deputy police chief shall
19obtain at least 20 hours of training each year. The training
20must be approved by the Illinois Law Enforcement Training and
21Standards Board and must be related to law enforcement,
22management or executive development, or ethics. This
23requirement may be satisfied by attending any training portion
24of a conference held by an association that represents chiefs
25of police that has been approved by the Illinois Law

 

 

10100SB1968ham001- 755 -LRB101 08002 RLC 74920 a

1Enforcement Training and Standards Board. Any police chief and
2any deputy police chief, upon presentation of a certificate of
3completion from the person or entity conducting the training,
4shall be reimbursed by the municipality in accordance with the
5municipal policy regulating the terms of reimbursement, for the
6officer's his or her reasonable expenses in obtaining the
7training required under this Section. No police chief or deputy
8police chief may attend any recognized training offering
9without the prior approval of the officer's his or her
10municipal mayor, manager, or immediate supervisor.
11    This Section does not apply to the City of Chicago or the
12Sheriff's Police Department in Cook County.
13(Source: P.A. 94-354, eff. 1-1-06; revised 11-16-20.)
 
14    (50 ILCS 705/10.11)
15    Sec. 10.11. Training; death and homicide investigation.
16The Illinois Law Enforcement Training and Standards Board shall
17conduct or approve a training program in death and homicide
18investigation for the training of law enforcement officers of
19local government agencies. Only law enforcement officers who
20successfully complete the training program may be assigned as
21lead investigators in death and homicide investigations.
22Satisfactory completion of the training program shall be
23evidenced by a certificate issued to the law enforcement
24officer by the Illinois Law Enforcement Training and Standards
25Board.

 

 

10100SB1968ham001- 756 -LRB101 08002 RLC 74920 a

1    The Illinois Law Enforcement Training and Standards Board
2shall develop a process for waiver applications sent by a local
3governmental law enforcement agency administrator for those
4officers whose prior training and experience as homicide
5investigators may qualify them for a waiver. The Board may
6issue a waiver at its discretion, based solely on the prior
7training and experience of an officer as a homicide
8investigator. This Section does not affect or impede the powers
9of the office of the coroner to investigate all deaths as
10provided in Division 3-3 of the Counties Code and the Coroner
11Training Board Act.
12(Source: P.A. 99-408, eff. 1-1-16; revised 11-16-20.)
 
13    (50 ILCS 705/10.12)
14    Sec. 10.12. Police dog training standards. All police dogs
15used by State and local governmental law enforcement agencies
16for drug enforcement purposes pursuant to the Cannabis Control
17Act, the Illinois Controlled Substances Act, or the
18Methamphetamine Control and Community Protection Act shall be
19trained by programs that meet the minimum certification
20requirements set by the Board.
21(Source: P.A. 101-27, eff. 6-25-19.)
 
22    (50 ILCS 705/10.13)
23    Sec. 10.13. Training; Post-Traumatic Stress Disorder
24(PTSD). The Illinois Law Enforcement Training Standards Board

 

 

10100SB1968ham001- 757 -LRB101 08002 RLC 74920 a

1shall conduct or approve a training program in Post-Traumatic
2Stress Disorder (PTSD) for law enforcement officers of local
3governmental government agencies. The purpose of that training
4shall be to equip law enforcement officers of local
5governmental government agencies to identify the symptoms of
6PTSD and to respond appropriately to individuals exhibiting
7those symptoms.
8(Source: P.A. 97-1040, eff. 1-1-13.)
 
9    (50 ILCS 705/10.16)
10    Sec. 10.16. Veterans' awareness. The Illinois Law
11Enforcement Training Standards Board may conduct or approve a
12training program in veterans' awareness for law enforcement
13officers of local government agencies. The program shall train
14law enforcement officers to identify issues relating to
15veterans and provide guidelines dictating how law enforcement
16officers should respond to and address such issues. Each local
17governmental government agency is encouraged to designate an
18individual to respond to veterans' issues.
19(Source: P.A. 98-960, eff. 1-1-15.)
 
20    (50 ILCS 705/10.18)
21    Sec. 10.18. Training; administration of opioid
22antagonists. The Board shall conduct or approve an in-service
23training program for law enforcement police officers in the
24administration of opioid antagonists as defined in paragraph

 

 

10100SB1968ham001- 758 -LRB101 08002 RLC 74920 a

1(1) of subsection (e) of Section 5-23 of the Substance Use
2Disorder Act that is in accordance with that Section. As used
3in this Section, the term "law enforcement police officers"
4includes full-time or part-time probationary law enforcement
5police officers, permanent or part-time law enforcement police
6officers, law enforcement officers, recruits, permanent or
7probationary county corrections officers, permanent or
8probationary county security officers, and court security
9officers. The term does not include auxiliary police officers
10as defined in Section 3.1-30-20 of the Illinois Municipal Code.
11(Source: P.A. 99-480, eff. 9-9-15; 99-642, eff. 7-28-16;
12100-759, eff. 1-1-19.)
 
13    (50 ILCS 705/10.19)
14    Sec. 10.19. Training; administration of epinephrine.
15    (a) This Section, along with Section 40 of the State Police
16Act, may be referred to as the Annie LeGere Law.
17    (b) For purposes of this Section, "epinephrine
18auto-injector" means a single-use device used for the automatic
19injection of a pre-measured dose of epinephrine into the human
20body prescribed in the name of a local governmental agency.
21    (c) The Board shall conduct or approve an optional advanced
22training program for law enforcement police officers to
23recognize and respond to anaphylaxis, including the
24administration of an epinephrine auto-injector. The training
25must include, but is not limited to:

 

 

10100SB1968ham001- 759 -LRB101 08002 RLC 74920 a

1        (1) how to recognize symptoms of an allergic reaction;
2        (2) how to respond to an emergency involving an
3    allergic reaction;
4        (3) how to administer an epinephrine auto-injector;
5        (4) how to respond to an individual with a known
6    allergy as well as an individual with a previously unknown
7    allergy;
8        (5) a test demonstrating competency of the knowledge
9    required to recognize anaphylaxis and administer an
10    epinephrine auto-injector; and
11        (6) other criteria as determined in rules adopted by
12    the Board.
13    (d) A local governmental agency may authorize a law
14enforcement police officer who has completed an optional
15advanced training program under subsection (c) to carry,
16administer, or assist with the administration of epinephrine
17auto-injectors provided by the local governmental agency
18whenever the officer he or she is performing official duties.
19    (e) A local governmental agency that authorizes its
20officers to carry and administer epinephrine auto-injectors
21under subsection (d) must establish a policy to control the
22acquisition, storage, transportation, administration, and
23disposal of epinephrine auto-injectors and to provide
24continued training in the administration of epinephrine
25auto-injectors.
26    (f) A physician, physician's assistant with prescriptive

 

 

10100SB1968ham001- 760 -LRB101 08002 RLC 74920 a

1authority, or advanced practice registered nurse with
2prescriptive authority may provide a standing protocol or
3prescription for epinephrine auto-injectors in the name of a
4local governmental agency to be maintained for use when
5necessary.
6    (g) When a law enforcement police officer administers an
7epinephrine auto-injector in good faith, the law enforcement
8police officer and local governmental agency, and its employees
9and agents, including a physician, physician's assistant with
10prescriptive authority, or advanced practice registered nurse
11with prescriptive authority who provides a standing order or
12prescription for an epinephrine auto-injector, incur no civil
13or professional liability, except for willful and wanton
14conduct, or as a result of any injury or death arising from the
15use of an epinephrine auto-injector.
16(Source: P.A. 99-711, eff. 1-1-17; 100-201, eff. 8-18-17;
17100-648, eff. 7-31-18.)
 
18    (50 ILCS 705/10.20)
19    Sec. 10.20. Disposal of medications. The Board shall
20develop rules and minimum standards for local governmental
21agencies that authorize law enforcement police officers to
22dispose of unused medications under Section 18 of the Safe
23Pharmaceutical Disposal Act.
24(Source: P.A. 99-648, eff. 1-1-17; 100-201, eff. 8-18-17.)
 

 

 

10100SB1968ham001- 761 -LRB101 08002 RLC 74920 a

1    (50 ILCS 705/10.22)
2    Sec. 10.22. School resource officers.
3    (a) The Board shall develop or approve a course for school
4resource officers as defined in Section 10-20.68 of the School
5Code.
6    (b) The school resource officer course shall be developed
7within one year after January 1, 2019 (the effective date of
8Public Act 100-984) and shall be created in consultation with
9organizations demonstrating expertise and or experience in the
10areas of youth and adolescent developmental issues,
11educational administrative issues, prevention of child abuse
12and exploitation, youth mental health treatment, and juvenile
13advocacy.
14    (c) The Board shall develop a process allowing law
15enforcement agencies to request a waiver of this training
16requirement for any specific individual assigned as a school
17resource officer. Applications for these waivers may be
18submitted by a local governmental law enforcement agency chief
19administrator for any officer whose prior training and
20experience may qualify for a waiver of the training requirement
21of this subsection (c). The Board may issue a waiver at its
22discretion, based solely on the prior training and experience
23of an officer.
24    (d) Upon completion, the employing agency shall be issued a
25certificate attesting to a specific officer's completion of the
26school resource officer training. Additionally, a letter of

 

 

10100SB1968ham001- 762 -LRB101 08002 RLC 74920 a

1approval shall be issued to the employing agency for any
2officer who is approved for a training waiver under this
3subsection (d).
4(Source: P.A. 100-984, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
5    (50 ILCS 705/13 new)
6    Sec. 13. Admissibility. Notwithstanding any other law or
7rule of evidence, the fact that a certificate was issued,
8denied, or revoked by the Board, is admissible in a judicial or
9administrative proceeding as prima facie evidence of any facts
10stated.
 
11    (50 ILCS 705/6.2 rep.)
12    (50 ILCS 705/9.1 rep.)
13    (50 ILCS 705/10.5 rep.)
14    Section 25-45. The Illinois Police Training Act is amended
15by repealing Sections 6.2, 9.1, and 10.5.
 
16    Section 25-50. The Counties Code is amended by changing
17Section 3-6001.5 as follows:
 
18    (55 ILCS 5/3-6001.5)
19    Sec. 3-6001.5. Sheriff qualifications. A On or after the
20effective date of this amendatory Act of the 98th General
21Assembly, except as otherwise provided in this Section, a
22person is not eligible to be elected or appointed to the office

 

 

10100SB1968ham001- 763 -LRB101 08002 RLC 74920 a

1of sheriff, unless that person meets all of the following
2requirements:
3        (1) Is a United States citizen.
4        (2) Has been a resident of the county for at least one
5    year.
6        (3) Is not a convicted felon.
7        (4) Has a certificate attesting to his or her
8    successful completion of the Minimum Standards Basic Law
9    Enforcement Officers Training Course as prescribed by the
10    Illinois Law Enforcement Training Standards Board or a
11    substantially similar training program of another state or
12    the federal government. This paragraph does not apply to a
13    sheriff currently serving on the effective date of this
14    amendatory Act of the 101st General Assembly.
15(Source: P.A. 98-115, eff. 7-29-13.)
 
16
Article 99.
17
General Provisions

 
18    Section 99-995. No acceleration or delay. Where this Act
19makes changes in a statute that is represented in this Act by
20text that is not yet or no longer in effect (for example, a
21Section represented by multiple versions), the use of that text
22does not accelerate or delay the taking effect of (i) the
23changes made by this Act or (ii) provisions derived from any
24other Public Act.
 

 

 

10100SB1968ham001- 764 -LRB101 08002 RLC 74920 a

1    Section 99-997. Severability. The provisions of this Act
2are severable under Section 1.31 of the Statute on Statutes.
 
3    Section 99-999. Effective date. This Act takes effect July
41, 2021, except that Article 25 takes effect January 1, 2022,
5Sections 10-105, 10-110, 10-115, 10-120, 10-140, 10-155,
610-160, 10-175, 10-180, 10-185, 10-190, 10-195, 10-200,
710-205, 10-210, 10-215, 10-255, 10-265, 10-270, 10-275,
810-280, 10-285, 10-290, 10-295, 10-300, 10-305, 10-310,
910-315, 10-320, and 10-325 take effect January 1, 2023, and
10Article 2 takes effect January 1, 2025.".