|
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB5089 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED: |
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Amends the Departments of State Government Law. Changes the head of the Department of State Police from Director of State Police to Superintendent of State Police. Provides that any reference to the Director or Assistant Director of State Police in the Illinois Compiled Statutes or the Administrative Code shall be interpreted to mean the Superintendent or Assistant Superintendent of State Police. Provides that the Superintendent of State Police must either be a current sworn State Police officer or a sworn State Police officer who retired in good standing. Provides that if the Superintendent is a sworn State Police officer who retired in good standing, that person shall both receive an annual salary and continue to receive his or her retirement annuity. Amends the Department of State Police Law to provide for duties of the Office of the Superintendent of State Police, including appointment of an Assistant Superintendent and a Chief of Staff. Amends the State Employee Article of the Illinois Pension Code. Establishes a defined contribution plan for Superintendents of State Police who receive a retirement annuity during their service in that capacity. Adds provisions concerning employee and employer contributions, vesting, investment options, and qualified plan status. Provides that an annuitant who serves as the Superintendent of State Police is excluded from provisions requiring the suspension of a retirement annuity of a person who re-enters service. Makes related and conforming changes throughout the Illinois Compiled Statutes. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | PENSION IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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1 | | AN ACT concerning State government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The State Employee Indemnification Act is |
5 | | amended by changing Section 1 as follows: |
6 | | (5 ILCS 350/1) (from Ch. 127, par. 1301)
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7 | | Sec. 1. Definitions. For the purpose of this Act:
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8 | | (a) The term "State" means the State of Illinois, the |
9 | | General
Assembly, the court, or any State office, department, |
10 | | division, bureau,
board, commission, or committee, the |
11 | | governing boards of the public
institutions of higher education |
12 | | created by the State, the Illinois
National Guard, the |
13 | | Comprehensive Health Insurance Board, any poison control
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14 | | center designated under the Poison Control System Act that |
15 | | receives State
funding, or any other agency or instrumentality |
16 | | of the State. It
does not mean any local public entity as that |
17 | | term is defined in Section
1-206 of the Local Governmental and |
18 | | Governmental Employees Tort Immunity
Act or a pension fund.
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19 | | (b) The term "employee" means: any present or former |
20 | | elected or
appointed officer, trustee or employee of the State, |
21 | | or of a pension
fund;
any present or former commissioner or |
22 | | employee of the Executive Ethics
Commission or of the |
23 | | Legislative Ethics Commission; any present or former
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1 | | Executive, Legislative, or Auditor General's Inspector |
2 | | General; any present or
former employee of an Office of an |
3 | | Executive, Legislative, or Auditor General's
Inspector |
4 | | General; any present or former member of the Illinois National
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5 | | Guard
while on active duty; individuals or organizations who |
6 | | contract with the
Department of Corrections, the Department of |
7 | | Juvenile Justice, the Comprehensive Health Insurance Board, or |
8 | | the
Department of Veterans' Affairs to provide services; |
9 | | individuals or
organizations who contract with the Department |
10 | | of Human Services (as
successor to the Department of Mental |
11 | | Health and Developmental
Disabilities) to provide services |
12 | | including but not limited to treatment and
other services for |
13 | | sexually violent persons; individuals or organizations who
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14 | | contract with the Department of
Military
Affairs for youth |
15 | | programs; individuals or
organizations who contract to perform |
16 | | carnival and amusement ride safety
inspections for the |
17 | | Department of Labor; individuals who contract with the Office |
18 | | of the State's Attorneys Appellate Prosecutor to provide legal |
19 | | services, but only when performing duties within the scope of |
20 | | the Office's prosecutorial activities; individual |
21 | | representatives of or
designated organizations authorized to |
22 | | represent the Office of State Long-Term
Ombudsman for the |
23 | | Department on Aging; individual representatives of or
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24 | | organizations designated by the Department on Aging in the |
25 | | performance of their
duties as adult protective services |
26 | | agencies or regional administrative agencies
under the Adult |
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1 | | Protective Services Act; individuals or organizations |
2 | | appointed as members of a review team or the Advisory Council |
3 | | under the Adult Protective Services Act; individuals or |
4 | | organizations who perform
volunteer services for the State |
5 | | where such volunteer relationship is reduced
to writing; |
6 | | individuals who serve on any public entity (whether created by |
7 | | law
or administrative action) described in paragraph (a) of |
8 | | this Section; individuals or not for profit organizations who, |
9 | | either as volunteers, where
such volunteer relationship is |
10 | | reduced to writing, or pursuant to contract,
furnish |
11 | | professional advice or consultation to any agency or |
12 | | instrumentality of
the State; individuals who serve as foster |
13 | | parents for the Department of
Children and Family Services when |
14 | | caring for youth in care as defined in Section 4d of the |
15 | | Children and Family Services Act; individuals who serve as |
16 | | members of an independent team of experts under Brian's Law; |
17 | | and individuals
who serve as arbitrators pursuant to Part 10A |
18 | | of
Article II of the Code of Civil Procedure and the rules of |
19 | | the Supreme Court
implementing Part 10A, each as now or |
20 | | hereafter amended; the term "employee" does not mean an
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21 | | independent contractor except as provided in this Section. The |
22 | | term includes an
individual appointed as an inspector by the |
23 | | Superintendent Director of State Police when
performing duties |
24 | | within the scope of the activities of a Metropolitan
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25 | | Enforcement Group or a law enforcement organization |
26 | | established under the
Intergovernmental Cooperation Act. An |
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1 | | individual who renders professional
advice and consultation to |
2 | | the State through an organization which qualifies as
an |
3 | | "employee" under the Act is also an employee. The term includes |
4 | | the estate
or personal representative of an employee.
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5 | | (c) The term "pension fund" means a retirement system or |
6 | | pension
fund created under the Illinois Pension Code.
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7 | | (Source: P.A. 100-159, eff. 8-18-17.)
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8 | | Section 10. The Civil Administrative Code of Illinois is |
9 | | amended by changing Sections 5-20 and 5-410 and by adding |
10 | | Section 5-240 as follows:
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11 | | (20 ILCS 5/5-20) (was 20 ILCS 5/4)
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12 | | Sec. 5-20. Heads of departments. Each department shall have |
13 | | an
officer as its head who shall
be known as director or |
14 | | secretary , or as otherwise provided in this Section, and who |
15 | | shall, subject to the
provisions of the Civil Administrative |
16 | | Code of Illinois,
execute the powers and discharge the duties
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17 | | vested by law in his or her respective department.
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18 | | The following officers are hereby created:
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19 | | Director of Aging, for the Department on Aging.
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20 | | Director of Agriculture, for the Department of |
21 | | Agriculture.
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22 | | Director of Central Management Services, for the |
23 | | Department of Central
Management Services.
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24 | | Director of Children and Family Services, for the |
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1 | | Department of Children and
Family Services.
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2 | | Director of Commerce and Economic Opportunity, for
the |
3 | | Department of Commerce
and Economic Opportunity.
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4 | | Director of Corrections, for the Department of |
5 | | Corrections.
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6 | | Director of the Illinois Emergency Management Agency, for |
7 | | the Illinois Emergency Management Agency.
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8 | | Director of Employment Security, for the Department of |
9 | | Employment Security.
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10 | | Secretary of Financial and Professional Regulation, for |
11 | | the Department of Financial and Professional Regulation.
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12 | | Director of Healthcare and Family Services, for the |
13 | | Department of Healthcare and Family Services.
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14 | | Director of Human Rights, for the Department of Human |
15 | | Rights.
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16 | | Secretary of Human Services, for the Department of Human |
17 | | Services.
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18 | | Director of Juvenile Justice, for the Department of |
19 | | Juvenile Justice.
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20 | | Director of Labor, for the Department of Labor.
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21 | | Director of the Lottery, for the Department of the Lottery. |
22 | | Director of Natural Resources, for the Department of |
23 | | Natural Resources.
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24 | | Director of Public Health, for the Department of Public |
25 | | Health.
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26 | | Director of Revenue, for the Department of Revenue.
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1 | | Superintendent Director of State Police, for the |
2 | | Department of State Police.
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3 | | Secretary of Transportation, for the Department of |
4 | | Transportation.
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5 | | Director of Veterans' Affairs, for the Department of |
6 | | Veterans' Affairs.
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7 | | (Source: P.A. 97-464, eff. 10-15-11; 97-618, eff. 10-26-11; |
8 | | 97-813, eff. 7-13-12; 98-499, eff. 8-16-13.)
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9 | | (20 ILCS 5/5-240 new) |
10 | | Sec. 5-240. Superintendent of State Police. |
11 | | (a) The Superintendent of State Police must either be a |
12 | | current sworn State Police officer or a sworn State Police |
13 | | officer who retired in good standing. The requirements of this |
14 | | subsection (a) shall not apply to any person serving as the |
15 | | Director of State Police on the effective date of this |
16 | | amendatory Act of the 100th General Assembly, and shall apply |
17 | | only after the Office of the Director becomes vacant and a |
18 | | Superintendent of State Police is appointed as successor by the |
19 | | Governor. |
20 | | (b) Any reference in these Statutes or in the |
21 | | Administrative Code to the Director of State Police shall be |
22 | | construed to mean the Superintendent of State Police. Any |
23 | | reference in these Statutes or in the Administrative Code to |
24 | | the Assistant Director of State Police shall be construed to |
25 | | mean the Assistant Superintendent of State Police.
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1 | | (20 ILCS 5/5-410) (was 20 ILCS 5/9.11)
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2 | | Sec. 5-410. In the Department of State Police. The |
3 | | Superintendent Director of State
Police shall receive an annual |
4 | | salary as set by the Compensation Review Board. If the |
5 | | Superintendent is a sworn State Police officer who retired in |
6 | | good standing as provided in Section 5-240, that person shall |
7 | | both receive an annual salary as provided in this Section, and |
8 | | continue to receive his or her retirement annuity as provided |
9 | | in subsection (a) of Section 14-111 of the Illinois Pension |
10 | | Code.
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11 | | The Assistant Director of State Police shall receive
an |
12 | | annual salary as set by the Compensation Review Board.
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13 | | (Source: P.A. 96-800, eff. 10-30-09.)
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14 | | (20 ILCS 5/5-180 rep.) |
15 | | Section 12. The Civil Administrative Code of Illinois is |
16 | | amended by repealing Section 5-180. |
17 | | Section 15. The Department of State Police Law of the
Civil |
18 | | Administrative Code of Illinois is amended by changing Sections |
19 | | 2605-5, 2605-25, 2605-30, 2605-35, 2605-40, 2605-45, 2605-55, |
20 | | 2605-90, 2605-95, 2605-140, 2605-200, 2605-250, 2605-375, |
21 | | 2605-400, 2605-405, 2605-485, and 2605-605, and by adding |
22 | | Section 2605-51 as follows:
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1 | | (20 ILCS 2605/2605-5)
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2 | | Sec. 2605-5. Definitions. In this Law:
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3 | | "Department" means the Department of State Police.
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4 | | "Superintendent" "Director" means the Superintendent |
5 | | Director of State Police. |
6 | | "Missing endangered senior" means an individual 65 years of |
7 | | age or older or a person with Alzheimer's disease or related |
8 | | dementias who is reported missing to a law enforcement agency |
9 | | and is, or is believed to be: |
10 | | (1) a temporary or permanent resident of Illinois; |
11 | | (2) at a location that cannot be determined by an |
12 | | individual familiar with the missing individual; and |
13 | | (3) incapable of returning to the individual's |
14 | | residence without assistance.
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15 | | (Source: P.A. 96-442, eff. 1-1-10.)
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16 | | (20 ILCS 2605/2605-25) (was 20 ILCS 2605/55a-1)
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17 | | Sec. 2605-25. Department divisions. The Department is |
18 | | divided into the Office of the Superintendent, the
Illinois |
19 | | State Police Academy, the Office of the Statewide 9-1-1 |
20 | | Administrator, and 4 divisions:
the Division of Operations,
the |
21 | | Division of Forensic Services, the Division of
Administration, |
22 | | and the Division of Internal Investigation.
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23 | | (Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)
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24 | | (20 ILCS 2605/2605-30) (was 20 ILCS 2605/55a-2)
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1 | | Sec. 2605-30. Division of Operations (formerly State |
2 | | Troopers). The
Division of Operations shall exercise the |
3 | | following
functions and those in Section 2605-35:
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4 | | (1) Cooperate with federal and State authorities |
5 | | requesting
utilization
of the Department's radio network |
6 | | system under the Illinois Aeronautics
Act.
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7 | | (2) Exercise the rights, powers, and duties of the |
8 | | State
Police under the State Police Act.
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9 | | (3) Exercise the rights, powers, and duties vested by
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10 | | law in the Department by the State Police Radio Act.
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11 | | (4) Exercise the rights, powers, and duties of the |
12 | | Department vested by
law in the Department and the Illinois |
13 | | State Police by the Illinois Vehicle
Code.
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14 | | (5) Exercise other duties that have been or may be |
15 | | vested by law in the
Illinois State Police.
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16 | | (6) Exercise other duties that may be assigned by the |
17 | | Superintendent Director in order to
fulfill the |
18 | | responsibilities and to achieve the purposes of the |
19 | | Department.
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20 | | (Source: P.A. 91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)
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21 | | (20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)
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22 | | Sec. 2605-35. Division of Operations (formerly Criminal
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23 | | Investigation). |
24 | | (a) The Division of Operations shall exercise
the following |
25 | | functions and those in Section 2605-30:
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1 | | (1) Exercise the rights, powers, and duties vested by
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2 | | law in the Department by the Illinois Horse Racing Act of |
3 | | 1975.
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4 | | (2) Investigate the origins, activities, personnel, |
5 | | and
incidents of crime and enforce the criminal laws of |
6 | | this State related thereto.
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7 | | (3) Enforce all laws regulating the production, sale,
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8 | | prescribing, manufacturing, administering, transporting, |
9 | | having in possession,
dispensing, delivering, |
10 | | distributing, or use of controlled substances
and |
11 | | cannabis.
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12 | | (4) Cooperate with the police of cities, villages, and
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13 | | incorporated towns and with the police officers of any |
14 | | county in
enforcing the laws of the State and in making |
15 | | arrests and recovering
property.
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16 | | (5) Apprehend and deliver up any person charged in this |
17 | | State or any other
state with treason or a felony or other |
18 | | crime who has fled from justice and is
found in this State.
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19 | | (6) Investigate recipients and providers under the |
20 | | Illinois Public Aid
Code and any personnel involved in the |
21 | | administration of the Code who are
suspected of any |
22 | | violation of the Code pertaining to fraud in the
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23 | | administration, receipt, or provision of assistance and |
24 | | pertaining to any
violation of criminal law; and exercise |
25 | | the functions required under Section
2605-220 in the |
26 | | conduct of those investigations.
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1 | | (7) Conduct other investigations as provided by law.
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2 | | (8) Exercise the powers and perform the duties that |
3 | | have been vested
in the Department by the Sex Offender |
4 | | Registration Act and
the Sex Offender
Community |
5 | | Notification Law; and
promulgate reasonable rules and |
6 | | regulations necessitated thereby.
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7 | | (9) Exercise other duties that may be assigned by the |
8 | | Superintendent Director in order to
fulfill the |
9 | | responsibilities and achieve the purposes of the |
10 | | Department.
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11 | | (b) There is hereby established in the Division of |
12 | | Operations the Office of Coordination of Gang Prevention, |
13 | | hereafter
referred to as the Office.
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14 | | The Office shall consult with units of local government and |
15 | | school
districts to assist them in gang control activities and |
16 | | to administer a
system of grants to units of local government |
17 | | and school districts that,
upon application, have demonstrated |
18 | | a workable plan to reduce gang activity
in their area. The |
19 | | grants shall not include reimbursement for personnel,
nor shall |
20 | | they exceed 75% of the total request by any applicant. The |
21 | | grants
may be calculated on a proportional basis, determined by |
22 | | funds available to the
Department for this purpose. The |
23 | | Department has the authority to promulgate
appropriate rules |
24 | | and regulations to administer this program.
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25 | | The Office shall establish mobile units of trained |
26 | | personnel to
respond to gang activities.
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1 | | The Office shall also consult with and use the services of |
2 | | religious
leaders and other celebrities to assist in gang |
3 | | control activities.
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4 | | The Office may sponsor seminars, conferences, or any other |
5 | | educational
activity to assist communities in their gang crime |
6 | | control activities.
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7 | | (Source: P.A. 94-945, eff. 6-27-06.)
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8 | | (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
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9 | | Sec. 2605-40. Division of Forensic Services. The Division |
10 | | of
Forensic Services shall exercise the following functions:
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11 | | (1) Exercise the rights, powers, and duties vested by
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12 | | law in the Department by the Criminal Identification Act.
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13 | | (2) Exercise the rights, powers, and duties vested by
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14 | | law in the Department by Section 2605-300 of this Law.
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15 | | (3) Provide assistance to local law enforcement |
16 | | agencies
through training, management, and consultant |
17 | | services.
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18 | | (4) (Blank).
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19 | | (5) Exercise other duties that may be assigned by the |
20 | | Superintendent Director in
order to fulfill the |
21 | | responsibilities and achieve the purposes of the
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22 | | Department.
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23 | | (6) Establish and operate a forensic science |
24 | | laboratory system,
including a forensic toxicological |
25 | | laboratory service, for the purpose of
testing specimens |
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1 | | submitted by coroners and other law enforcement officers
in |
2 | | their efforts to determine whether alcohol, drugs, or |
3 | | poisonous or other
toxic substances have been involved in |
4 | | deaths, accidents, or illness.
Forensic toxicological |
5 | | laboratories shall be established in Springfield,
Chicago, |
6 | | and elsewhere in the State as needed.
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7 | | (6.5) Establish administrative rules in order to set |
8 | | forth standardized requirements for the disclosure of |
9 | | toxicology results and other relevant documents related to |
10 | | a toxicological analysis. These administrative rules are |
11 | | to be adopted to produce uniform and sufficient information |
12 | | to allow a proper, well-informed determination of the |
13 | | admissibility of toxicology evidence and to ensure that |
14 | | this evidence is presented competently. These |
15 | | administrative rules are designed to provide a minimum |
16 | | standard for compliance of toxicology evidence and is not |
17 | | intended to limit the production and discovery of material |
18 | | information. These administrative rules shall be submitted |
19 | | by the Department of State Police into the rulemaking |
20 | | process under the Illinois Administrative Procedure Act on |
21 | | or before June 30, 2017. |
22 | | (7) Subject to specific appropriations made for these |
23 | | purposes, establish
and coordinate a system for providing |
24 | | accurate and expedited
forensic science and other |
25 | | investigative and laboratory services to local law
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26 | | enforcement agencies and local State's Attorneys in aid of |
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1 | | the investigation
and trial of capital cases.
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2 | | (Source: P.A. 99-801, eff. 1-1-17 .)
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3 | | (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
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4 | | Sec. 2605-45. Division of Administration. The Division of
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5 | | Administration shall exercise the
following functions:
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6 | | (1) Exercise the rights, powers, and duties vested in |
7 | | the
Department
by the
Governor's Office of Management and |
8 | | Budget Act.
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9 | | (2) Pursue research and the publication of studies |
10 | | pertaining
to local
law enforcement activities.
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11 | | (3) Exercise the rights, powers, and duties vested in |
12 | | the
Department
by the Personnel Code.
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13 | | (4) Operate an electronic data processing and computer |
14 | | center
for the
storage and retrieval of data pertaining to |
15 | | criminal activity.
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16 | | (5) Exercise the rights, powers, and duties vested in
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17 | | the former Division of
State Troopers by Section 17 of the |
18 | | State Police
Act.
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19 | | (6) Exercise the rights, powers, and duties vested in
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20 | | the Department
by "An Act relating to internal auditing in |
21 | | State government", approved
August 11, 1967 (repealed; now |
22 | | the Fiscal Control and Internal Auditing Act,
30 ILCS 10/).
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23 | | (6.5) Exercise the rights, powers, and duties vested in |
24 | | the Department
by the Firearm Owners Identification Card |
25 | | Act.
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1 | | (7) Exercise other duties that may be assigned
by the |
2 | | Superintendent Director to
fulfill the responsibilities |
3 | | and achieve the purposes of the Department.
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4 | | (Source: P.A. 94-793, eff. 5-19-06.)
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5 | | (20 ILCS 2605/2605-51 new) |
6 | | Sec. 2605-51. Office of the Superintendent. |
7 | | (a) The Office of the Superintendent shall be responsible |
8 | | for the following functions: |
9 | | (1) to exercise the rights, powers, and duties vested |
10 | | in the Department by the Personnel Code; and |
11 | | (2) to exercise the rights, powers, and duties of the |
12 | | Department for the following: audits, the Illinois State |
13 | | Police Academy, budgetary and fiscal matters, equal |
14 | | employment opportunities, executive protection, human |
15 | | resources, intergovernmental relations, internal legal |
16 | | services, labor relations, public relations and |
17 | | information, recruitment, and research and development. |
18 | | (b) The Superintendent shall appoint an Assistant |
19 | | Superintendent and a Chief of Staff for the Department. The |
20 | | Assistant Superintendent shall be an officer of the Illinois |
21 | | State Police, shall come from within the ranks of State Police |
22 | | officers, and shall be responsible for the day-to-day |
23 | | operations of the Department. The Divisions shall be headed by |
24 | | Colonels who shall report directly to the Assistant |
25 | | Superintendent. The Chief of Staff shall be an officer of the |
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1 | | Illinois State Police and be the Chief Administrative Officer |
2 | | for the Department, shall come from within the ranks of State |
3 | | Police officers. The Bureau Chiefs of the offices under the |
4 | | Office of the Superintendent shall report directly to the Chief |
5 | | of Staff. The Chief of Staff may appoint a Deputy Chief of |
6 | | Staff.
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7 | | (20 ILCS 2605/2605-55)
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8 | | Sec. 2605-55. Badges. The Superintendent Director must |
9 | | authorize to each State trooper,
police
officer, and |
10 | | investigator and to any other employee of the Department
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11 | | exercising the
powers of a peace officer a distinct badge
that, |
12 | | on its face, (i)
clearly states that
the badge is authorized by |
13 | | the Department and (ii) contains a unique
identifying
number.
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14 | | No other badge shall be authorized by
the Department.
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15 | | (Source: P.A. 91-883, eff. 1-1-01.)
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16 | | (20 ILCS 2605/2605-90) |
17 | | Sec. 2605-90. Training; death and homicide investigations. |
18 | | The Department shall provide training in death and homicide |
19 | | investigation for State police officers. Only State police |
20 | | officers who successfully complete the training may be assigned |
21 | | as lead investigators in death and homicide investigations. |
22 | | Satisfactory completion of the training shall be evidenced by a |
23 | | certificate issued to the officer by the Department.
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24 | | The Superintendent Director shall develop a process for |
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1 | | waiver applications for those officers whose prior training
and |
2 | | experience as homicide investigators may qualify them for a
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3 | | waiver. The Superintendent Director may issue a waiver at his |
4 | | or her discretion, based
solely on the prior training and |
5 | | experience of an officer as a
homicide investigator. |
6 | | (Source: P.A. 96-1111, eff. 1-1-12; 97-553, eff. 1-1-12.) |
7 | | (20 ILCS 2605/2605-95) |
8 | | Sec. 2605-95. Training; police dog training standards. |
9 | | Beginning July 1, 2012, all police dogs used by the Department |
10 | | for drug enforcement purposes pursuant to the Cannabis Control |
11 | | Act (720 ILCS 550/), the Illinois Controlled Substances Act |
12 | | (720 ILCS 570/), and the Methamphetamine Control and Community |
13 | | Protection Act (720 ILCS 646/) shall be trained by programs |
14 | | that meet the certification requirements set by the |
15 | | Superintendent Director or the Superintendent's Director's |
16 | | designee. Satisfactory completion of the training shall be |
17 | | evidenced by a certificate issued by the Department.
|
18 | | (Source: P.A. 97-469, eff. 7-1-12 .)
|
19 | | (20 ILCS 2605/2605-140) (was 20 ILCS 2605/55a in part)
|
20 | | Sec. 2605-140. Narcotic Control Division Abolition Act. To
|
21 | | exercise the rights, powers, and duties that have been vested
|
22 | | in the Department and the Superintendent Director by the |
23 | | Narcotic Control Division Abolition
Act.
|
24 | | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, |
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1 | | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, |
2 | | eff. 8-14-98;
91-239, eff. 1-1-00.)
|
3 | | (20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)
|
4 | | Sec. 2605-200. Investigations of crime; enforcement of |
5 | | laws.
|
6 | | (a) To do the following:
|
7 | | (1) Investigate the origins, activities, personnel, |
8 | | and
incidents of crime and the ways and means to redress |
9 | | the victims of
crimes; study the impact, if any, of |
10 | | legislation relative to the
effusion of crime and growing |
11 | | crime rates; and enforce the criminal
laws
of this State |
12 | | related thereto.
|
13 | | (2) Enforce all laws regulating the
production, sale, |
14 | | prescribing, manufacturing, administering,
transporting, |
15 | | having in possession, dispensing, delivering,
|
16 | | distributing, or use of controlled substances and |
17 | | cannabis.
|
18 | | (3) Employ
skilled experts, scientists, technicians, |
19 | | investigators, or otherwise
specially qualified persons to |
20 | | aid in preventing or detecting crime,
apprehending |
21 | | criminals, or preparing and presenting evidence of
|
22 | | violations of the criminal laws of the State.
|
23 | | (4) Cooperate with the
police of cities, villages, and |
24 | | incorporated towns and with the police
officers of any |
25 | | county in enforcing the laws of the State and in making
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1 | | arrests and recovering property.
|
2 | | (5) Apprehend and deliver up any person
charged in this |
3 | | State or any other state of the United States with
treason |
4 | | or a felony or other crime who has fled from
justice and is |
5 | | found
in this State.
|
6 | | (6) Conduct other investigations as
provided by law.
|
7 | | (b) Persons exercising the powers set forth in
subsection |
8 | | (a) within the Department
are conservators of the peace and as |
9 | | such have all the powers possessed
by policemen in cities and |
10 | | sheriffs, except that they may exercise those
powers anywhere |
11 | | in the State in cooperation with and after contact with
the |
12 | | local law enforcement officials. Those persons may use false
or
|
13 | | fictitious names in the performance of their duties under this |
14 | | Section,
upon approval of the Superintendent Director , and |
15 | | shall not be subject to prosecution
under the criminal laws for |
16 | | that use.
|
17 | | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, |
18 | | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, |
19 | | eff. 8-14-98;
91-239, eff. 1-1-00.)
|
20 | | (20 ILCS 2605/2605-250) (was 20 ILCS 2605/55a in part)
|
21 | | Sec. 2605-250. Obtaining evidence. To expend the
sums the |
22 | | Superintendent Director deems necessary from contractual
|
23 | | services appropriations for the Division of Operations for the
|
24 | | purchase of evidence and for the employment of persons to |
25 | | obtain evidence.
The sums shall be advanced to agents |
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1 | | authorized by the Superintendent Director to
expend
funds, on |
2 | | vouchers signed by the Superintendent Director .
|
3 | | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, |
4 | | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, |
5 | | eff. 8-14-98;
91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)
|
6 | | (20 ILCS 2605/2605-375) (was 20 ILCS 2605/55a in part)
|
7 | | Sec. 2605-375. Missing persons; Law Enforcement Agencies |
8 | | Data System
(LEADS).
|
9 | | (a) To establish and maintain a statewide Law Enforcement
|
10 | | Agencies Data System (LEADS) for the purpose of providing |
11 | | electronic access
by authorized entities to criminal justice |
12 | | data repositories and effecting an
immediate law enforcement |
13 | | response to reports of missing persons, including
lost, missing |
14 | | or runaway minors and missing endangered seniors. The |
15 | | Department shall implement an automatic
data exchange system to |
16 | | compile, to maintain, and to make available to
other law
|
17 | | enforcement agencies for immediate dissemination data that can
|
18 | | assist
appropriate agencies in recovering missing persons and |
19 | | provide access by
authorized entities to various data |
20 | | repositories available through LEADS for
criminal justice and |
21 | | related purposes. To assist the Department in
this effort, |
22 | | funds may be appropriated from the LEADS Maintenance Fund. |
23 | | Funds may be appropriated from the LEADS Maintenance Fund to |
24 | | the Department to finance any of its lawful purposes or |
25 | | functions in relation to defraying the expenses associated with |
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1 | | establishing, maintaining, and supporting the issuance of |
2 | | electronic citations.
|
3 | | (b) In exercising its duties under this Section, the
|
4 | | Department shall provide a uniform reporting format (LEADS) for |
5 | | the entry of pertinent
information regarding the report of a |
6 | | missing person into LEADS. The report must include all of the |
7 | | following:
|
8 | | (1) Relevant information obtained from the |
9 | | notification concerning the missing person, including all |
10 | | of the following: |
11 | | (A) a physical description of the missing person; |
12 | | (B) the date, time, and place that the missing |
13 | | person was last seen; and |
14 | | (C) the missing person's address. |
15 | | (2) Information gathered by a preliminary |
16 | | investigation, if one was made. |
17 | | (3) A statement by the law enforcement officer in |
18 | | charge stating the officer's assessment of the case based |
19 | | on the evidence and information received. |
20 | | (b-5) The Department of State Police shall:
|
21 | | (1) Develop and implement a policy whereby a statewide |
22 | | or regional alert
would be used in situations relating to |
23 | | the disappearances of individuals,
based on criteria and in |
24 | | a format established by the Department. Such a
format shall |
25 | | include, but not be limited to, the age of the missing |
26 | | person
and the suspected circumstance of the |
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1 | | disappearance.
|
2 | | (2) Notify all law enforcement agencies that reports of |
3 | | missing persons
shall be entered as soon as the minimum |
4 | | level of data specified by the
Department is available to |
5 | | the reporting agency and that no waiting period
for the |
6 | | entry of the data exists.
|
7 | | (3) Compile and retain information regarding lost, |
8 | | abducted, missing,
or
runaway minors in a separate data |
9 | | file, in a manner that allows that
information to be used |
10 | | by law enforcement and other agencies deemed
appropriate by |
11 | | the Superintendent Director , for investigative purposes. |
12 | | The
information
shall include the disposition of all |
13 | | reported lost, abducted, missing, or
runaway minor cases.
|
14 | | (4) Compile and maintain an historic data repository |
15 | | relating to lost,
abducted, missing, or runaway minors and |
16 | | other missing persons, including, but not limited to, |
17 | | missing endangered seniors, in order to
develop and improve |
18 | | techniques utilized by law enforcement agencies when
|
19 | | responding to reports of missing persons.
|
20 | | (5) Create a quality control program regarding |
21 | | confirmation of missing
person data, timeliness of entries |
22 | | of missing person reports into LEADS,
and
performance |
23 | | audits of all entering agencies.
|
24 | | (c) The Illinois Law Enforcement Training Standards Board |
25 | | shall conduct a training program for law enforcement personnel |
26 | | of local governmental agencies in the Missing Persons |
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1 | | Identification Act.
|
2 | | (d) The Department of State Police shall perform the duties |
3 | | prescribed in the Missing Persons Identification Act, subject |
4 | | to appropriation.
|
5 | | (Source: P.A. 97-402, eff. 8-16-11.)
|
6 | | (20 ILCS 2605/2605-400) (was 20 ILCS 2605/55a in part)
|
7 | | Sec. 2605-400. Fees; State Police Services Fund; audit.
|
8 | | (a) To charge, collect, and receive fees or moneys |
9 | | equivalent to the
cost
of providing Department personnel, |
10 | | equipment, and services
to local governmental agencies when |
11 | | explicitly requested by a local
governmental agency and |
12 | | pursuant to an intergovernmental agreement as provided
by this |
13 | | Law, other State agencies, and federal
agencies, including but |
14 | | not limited to fees or moneys equivalent to
the cost of
|
15 | | providing dispatching services, radio and radar repair, and |
16 | | training to
local governmental agencies on terms and conditions |
17 | | that in the judgment of the Superintendent Director are in the |
18 | | best interest of the State;
and to establish, charge, collect, |
19 | | and receive fees or moneys based on the
cost of providing |
20 | | responses to requests for criminal history record
information |
21 | | pursuant to positive identification and any Illinois or federal
|
22 | | law authorizing access to some aspect of that information and |
23 | | to
prescribe
the form and manner for requesting and furnishing |
24 | | the information
to the
requestor on terms and conditions that |
25 | | in the judgment of
the Superintendent Director
are in the best |
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1 | | interest of the State, provided fees for
requesting and |
2 | | furnishing criminal history record information may be waived
|
3 | | for requests in the due administration of the criminal laws. |
4 | | The Department
may also charge, collect, and receive fees or |
5 | | moneys equivalent to the cost
of
providing electronic data |
6 | | processing lines or related telecommunication
services to |
7 | | local governments, but only when those services can be
provided
|
8 | | by the Department at a cost less than that experienced by those
|
9 | | local
governments through other means. All services provided by |
10 | | the Department
shall be conducted pursuant to contracts in |
11 | | accordance with the
Intergovernmental Cooperation Act, and all |
12 | | telecommunication services
shall be provided pursuant to the |
13 | | provisions of Section 405-270
of
the Department of Central |
14 | | Management Services Law (20 ILCS 405/405-270).
|
15 | | (b) All fees received by the Department under the
Civil |
16 | | Administrative Code of Illinois
or the Illinois Uniform |
17 | | Conviction Information Act shall be deposited in a
special fund |
18 | | in the State treasury to be known as the State Police Services
|
19 | | Fund. The money deposited in the State Police Services Fund |
20 | | shall be
appropriated to the Department for expenses of the
|
21 | | Department.
|
22 | | (c) Upon the completion of any audit of the Department as
|
23 | | prescribed by the Illinois State Auditing Act, which audit |
24 | | includes an
audit of the State Police Services Fund, the |
25 | | Department shall make the audit open to inspection by any |
26 | | interested person.
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1 | | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, |
2 | | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, |
3 | | eff. 8-14-98;
91-239, eff. 1-1-00.)
|
4 | | (20 ILCS 2605/2605-405) (was 20 ILCS 2605/55a in part)
|
5 | | Sec. 2605-405.
Applying for grants or contracts; moneys |
6 | | from other
entities. To apply for grants or contracts and |
7 | | receive,
expend, allocate, or
disburse funds and moneys made |
8 | | available by public or private entities,
including, but not |
9 | | limited to, contracts, bequests, grants, or receiving
|
10 | | equipment from corporations, foundations, or public or private |
11 | | institutions
of higher learning. All funds received by the |
12 | | Department from these
sources shall be deposited into the |
13 | | appropriate fund
in the State treasury to be appropriated to |
14 | | the Department for purposes as
indicated by the grantor or |
15 | | contractor or, in the case of funds or moneys
bequeathed or |
16 | | granted for no specific purpose, for any purpose deemed
|
17 | | appropriate by the Superintendent Director in administering |
18 | | the responsibilities of the
Department.
|
19 | | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, |
20 | | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, |
21 | | eff. 8-14-98;
91-239, eff. 1-1-00.)
|
22 | | (20 ILCS 2605/2605-485) |
23 | | Sec. 2605-485. Endangered Missing Person Advisory. |
24 | | (a) A coordinated program known as the Endangered Missing |
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1 | | Person Advisory is established within the Department of State |
2 | | Police. The purpose of the Endangered Missing Person Advisory |
3 | | is to provide a regional system for the rapid dissemination of |
4 | | information regarding a missing person who is believed to be a |
5 | | high-risk missing person as defined in Section 10 of the |
6 | | Missing Persons Identification Act. |
7 | | (b) The AMBER Plan Task Force, established under Section |
8 | | 2605-480 of the Department of State Police Law, shall serve as |
9 | | the task force for the Endangered Missing Person Advisory. The |
10 | | AMBER Plan Task Force shall monitor and review the |
11 | | implementation and operation of the regional system developed |
12 | | under subsection (a), including procedures, budgetary |
13 | | requirements, and response protocols. The AMBER Plan Task Force |
14 | | shall also develop additional network resources for use in the |
15 | | system. |
16 | | (c) The Department of State Police, in coordination with |
17 | | the Illinois Department on Aging, shall develop and implement a |
18 | | community outreach program to promote awareness among the |
19 | | State's healthcare facilities, nursing homes, assisted living |
20 | | facilities, and other senior centers. The guidelines and |
21 | | procedures shall ensure that specific health information about |
22 | | the missing person is not made public through the alert or |
23 | | otherwise. |
24 | | (d) The Child Safety Coordinator, created under Section |
25 | | 2605-480 of the Department of State Police Law, shall act in |
26 | | the dual capacity of Child Safety Coordinator and Endangered |
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1 | | Missing Person Coordinator. The Coordinator shall assist in the |
2 | | establishment of State standards and monitor the availability |
3 | | of federal funding that may become available to further the |
4 | | objectives of the Endangered Missing Person Advisory. The |
5 | | Department shall provide technical assistance for the |
6 | | Coordinator from its existing resources.
|
7 | | (e)(1) The Department of State Police, in cooperation with |
8 | | the Silver Search Task Force, shall develop as part of the |
9 | | Endangered Missing Person Advisory a coordinated statewide |
10 | | awareness program and toolkit to be used when a person 21 years |
11 | | of age or older who is believed to have Alzheimer's disease, |
12 | | other related dementia, or other dementia-like cognitive |
13 | | impairment is reported missing, which shall be referred to as |
14 | | Silver Search. |
15 | | (2)
The Department shall complete development and |
16 | | deployment of the Silver Search Awareness Program and toolkit |
17 | | on or before July 1, 2017. |
18 | | (3)
The Department of State Police shall establish a Silver |
19 | | Search Task Force within 90 days after the effective date of |
20 | | this amendatory Act of the 99th General Assembly to assist the |
21 | | Department in development and deployment of the Silver Search |
22 | | Awareness Program and toolkit. The Task Force shall establish |
23 | | the criteria and create a toolkit, which may include usage of |
24 | | Department of Transportation signs, under Section 2705-505.6 |
25 | | of the Department of Transportation Law of the Civil |
26 | | Administrative Code of Illinois. The Task Force shall monitor |
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1 | | and review the implementation and operation of that program, |
2 | | including procedures, budgetary requirements, standards, and |
3 | | minimum requirements for the training of law enforcement |
4 | | personnel on how to interact appropriately and effectively with |
5 | | individuals that suffer from Alzheimer's disease, other |
6 | | dementia, or other dementia-like cognitive impairment. The |
7 | | Task Force shall also develop additional network and financial |
8 | | resources for use in the system. The Task Force shall include, |
9 | | but is not limited to, one representative from each of the |
10 | | following: |
11 | | (A) the Department of State Police; |
12 | | (B) the Department on Aging; |
13 | | (C) the Department of Public Health; |
14 | | (D) the Illinois Law Enforcement Training Standards |
15 | | Board; |
16 | | (E) the Illinois Emergency Management Agency; |
17 | | (F) the Secretary of State; |
18 | | (G) the Department of Transportation; |
19 | | (H) the Department of the Lottery; |
20 | | (I) the Illinois Toll Highway Authority; |
21 | | (J) a State association dedicated to Alzheimer's care, |
22 | | support, and research; |
23 | | (K) a State association dedicated to improving quality |
24 | | of life for persons age 50 and over; |
25 | | (L) a State group of area agencies involved in planning |
26 | | and coordinating services and programs for older persons in |
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1 | | their respective areas; |
2 | | (M) a State organization dedicated to enhancing |
3 | | communication and cooperation between sheriffs; |
4 | | (N) a State association of police chiefs and other |
5 | | leaders of police and public safety organizations; |
6 | | (O) a State association representing Illinois |
7 | | publishers; |
8 | | (P) a State association that advocates for the |
9 | | broadcast industry; |
10 | | (Q) a member of a large wireless telephone carrier; and |
11 | | (R) a member of a small wireless telephone carrier. |
12 | | The members of the Task Force designated in subparagraphs |
13 | | (A) through (I) of this paragraph (3) shall be appointed by the |
14 | | head of the respective agency. The members of the Task Force |
15 | | designated in subparagraphs (J) through (R) of this paragraph |
16 | | (3) shall be appointed by the Superintendent Director of State |
17 | | Police. The Superintendent Director of State Police or his or |
18 | | her designee shall serve as Chair of the Task Force. |
19 | | The Task Force shall meet at least twice a year and shall |
20 | | provide a report on the operations of the Silver Search Program |
21 | | to the General Assembly and the Governor each year by June 30. |
22 | | (4)
Subject to appropriation, the Department of State |
23 | | Police, in coordination with the Department on Aging and the |
24 | | Silver Search Task Force, shall develop and implement a |
25 | | community outreach program to promote awareness of the Silver |
26 | | Search Program as part of the Endangered Missing Person |
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1 | | Advisory among law enforcement agencies, the State's |
2 | | healthcare facilities, nursing homes, assisted living |
3 | | facilities, other senior centers, and the general population on |
4 | | or before January 1, 2017. |
5 | | (5)
The Child Safety Coordinator, created under Section |
6 | | 2605-480 of the Department of State Police Law of the Civil |
7 | | Administrative Code of Illinois, shall act in the capacity of |
8 | | Child Safety Coordinator, Endangered Missing Person |
9 | | Coordinator, and Silver Search Program Coordinator. The |
10 | | Coordinator, in conjunction with the members of the Task Force, |
11 | | shall assist the Department and the Silver Search Task Force in |
12 | | the establishment of State standards and monitor the |
13 | | availability of federal and private funding that may become |
14 | | available to further the objectives of the Endangered Missing |
15 | | Person Advisory and Silver Search Awareness Program. The |
16 | | Department shall provide technical assistance for the |
17 | | Coordinator from its existing resources. |
18 | | (6) The Department of State Police shall provide |
19 | | administrative and other support to the Task Force. |
20 | | (Source: P.A. 99-322, eff. 1-1-16 .) |
21 | | (20 ILCS 2605/2605-605) |
22 | | Sec. 2605-605. Violent Crime Intelligence Task Force. The |
23 | | Superintendent Director of State Police may establish a |
24 | | statewide multi-jurisdictional Violent Crime Intelligence Task |
25 | | Force led by the Department of State Police dedicated to |
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1 | | combating gun violence, gun-trafficking, and other violent |
2 | | crime with the primary mission of preservation of life and |
3 | | reducing the occurrence and the fear of crime. The objectives |
4 | | of the Task Force shall include, but not be limited to, |
5 | | reducing and preventing illegal possession and use of firearms, |
6 | | firearm-related homicides, and other violent crimes. |
7 | | (1) The Task Force may develop and acquire information, |
8 | | training, tools, and resources necessary to implement a |
9 | | data-driven approach to policing, with an emphasis on |
10 | | intelligence development. |
11 | | (2) The Task Force may utilize information sharing, |
12 | | partnerships, crime analysis, and evidence-based practices to |
13 | | assist in the reduction of firearm-related shootings, |
14 | | homicides, and gun-trafficking. |
15 | | (3) The Task Force may recognize and utilize best practices |
16 | | of community policing and may develop potential partnerships |
17 | | with faith-based and community organizations to achieve its |
18 | | goals. |
19 | | (4) The Task Force may identify and utilize best practices |
20 | | in drug-diversion programs and other community-based services |
21 | | to redirect low-level offenders. |
22 | | (5) The Task Force may assist in violence suppression |
23 | | strategies including, but not limited to, details in identified |
24 | | locations that have shown to be the most prone to gun violence |
25 | | and violent crime, focused deterrence against violent gangs and |
26 | | groups considered responsible for the violence in communities, |
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1 | | and other intelligence driven methods deemed necessary to |
2 | | interrupt cycles of violence or prevent retaliation. |
3 | | (6) In consultation with the Chief Procurement Officer, the |
4 | | Department of State Police may obtain contracts for software, |
5 | | commodities, resources, and equipment to assist the Task Force |
6 | | with achieving this Act. Any contracts necessary to support the |
7 | | delivery of necessary software, commodities, resources, and |
8 | | equipment are not subject to the Illinois Procurement Code, |
9 | | except for Sections 20-60, 20-65, 20-70, and 20-160 and Article |
10 | | 50 of that Code, provided that the Chief Procurement Officer |
11 | | may, in writing with justification, waive any certification |
12 | | required under Article 50 of the Illinois Procurement Code.
|
13 | | (Source: P.A. 100-3, eff. 1-1-18 .) |
14 | | Section 20. The State Police Act is amended by changing |
15 | | Sections 1, 2, 8, 9, 10, 13, 14, 18, 21, 22, and 23 as follows:
|
16 | | (20 ILCS 2610/1) (from Ch. 121, par. 307.1)
|
17 | | Sec. 1.
The Department of State Police, hereinafter called |
18 | | the
Department, shall maintain divisions in accordance with |
19 | | Section
2605-25 of the Department of State Police Law (20 ILCS
|
20 | | 2605/2605-25). The Department,
by
the Superintendent Director , |
21 | | shall appoint State policemen, also known as State Police
|
22 | | Officers, as provided in this Act.
|
23 | | (Source: P.A. 91-239, eff. 1-1-00.)
|
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1 | | (20 ILCS 2610/2) (from Ch. 121, par. 307.2)
|
2 | | Sec. 2.
The Superintendent Director shall be responsible |
3 | | for the management
and control of the Department. The |
4 | | Superintendent Director shall make and adopt rules and
|
5 | | regulations for the direction, control, discipline and conduct |
6 | | of the
members of the Department and such other rules for the |
7 | | government and
operation of the Department as he may deem |
8 | | necessary. He shall also
designate the authority and |
9 | | responsibility within the limits of this Act
for each rank of |
10 | | State policemen in the Department.
|
11 | | (Source: P.A. 85-1042.)
|
12 | | (20 ILCS 2610/8) (from Ch. 121, par. 307.8)
|
13 | | Sec. 8.
The Board shall exercise jurisdiction over the |
14 | | certification for
appointment and promotion, and over the |
15 | | discipline, removal, demotion and
suspension of Department of |
16 | | State Police officers.
Pursuant to recognized
merit principles |
17 | | of public employment, the Board shall formulate, adopt,
and put |
18 | | into effect rules, regulations and procedures for its operation
|
19 | | and the transaction of its business. The Board shall establish |
20 | | a classification
of ranks of persons subject to its |
21 | | jurisdiction and shall set standards
and qualifications for |
22 | | each rank. Each Department of State Police officer
appointed by |
23 | | the Superintendent Director shall be classified as a State |
24 | | Police officer
as follows: trooper, sergeant, master sergeant, |
25 | | lieutenant,
captain,
major, or Special
Agent.
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1 | | (Source: P.A. 100-49, eff. 1-1-18 .)
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2 | | (20 ILCS 2610/9) (from Ch. 121, par. 307.9)
|
3 | | Sec. 9. Appointment; qualifications.
|
4 | | (a) Except as otherwise provided in this Section, the |
5 | | appointment of
Department of State Police officers shall be |
6 | | made from those applicants who
have been certified by the Board |
7 | | as being qualified for appointment. All
persons so appointed |
8 | | shall, at the time of their appointment, be not less than
21 |
9 | | years of age, or 20 years of age and have successfully |
10 | | completed 2 years of
law enforcement studies at an accredited |
11 | | college or university. Any person
appointed subsequent to |
12 | | successful completion of 2 years of such law
enforcement |
13 | | studies shall not have power of arrest, nor shall he be |
14 | | permitted
to carry firearms, until he reaches 21 years of age. |
15 | | In addition,
all persons so certified for appointment shall be |
16 | | of sound mind and body, be of
good moral character, be citizens |
17 | | of the United States, have no criminal
records, possess such |
18 | | prerequisites of training, education and experience as
the |
19 | | Board may from time to time prescribe, and shall be required to |
20 | | pass
successfully such mental and physical tests and |
21 | | examinations as may be
prescribed by the Board. Notwithstanding |
22 | | any Board rule to the contrary, all persons who meet one of the |
23 | | following requirements are deemed to have met the collegiate |
24 | | educational requirements: |
25 | | (i) have been honorably discharged and who have been |
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1 | | awarded a Southwest Asia Service Medal, Kosovo Campaign |
2 | | Medal, Korean Defense Service Medal, Afghanistan Campaign |
3 | | Medal, Iraq Campaign Medal, or Global War on Terrorism |
4 | | Expeditionary Medal by the United States Armed Forces; |
5 | | (ii) are active members of the Illinois National Guard |
6 | | or a reserve component of the United States Armed Forces |
7 | | and who have been awarded a Southwest Asia Service Medal, |
8 | | Kosovo Campaign Medal, Korean Defense Service Medal, |
9 | | Afghanistan Campaign Medal, Iraq Campaign Medal, or Global |
10 | | War on Terrorism Expeditionary Medal as a result of |
11 | | honorable service during deployment on active duty; |
12 | | (iii) have been honorably discharged who served in a |
13 | | combat mission by proof of hostile fire pay or imminent |
14 | | danger pay during deployment on active duty; or |
15 | | (iv) have at least 3 years of full active and |
16 | | continuous military duty and received an honorable |
17 | | discharge before hiring. |
18 | | Preference shall be given in such appointments to
persons |
19 | | who have honorably served in the military or naval services of |
20 | | the
United States. All appointees shall serve a probationary |
21 | | period of 12 months
from the date of appointment and during |
22 | | that period may be discharged at the
will of the Superintendent |
23 | | Director . However, the Superintendent Director may in his or |
24 | | her sole discretion
extend the probationary period of an |
25 | | officer up to an additional 6 months when
to do so is deemed in |
26 | | the best interest of the Department.
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1 | | (b) Notwithstanding the other provisions of this Act, after |
2 | | July 1,
1977 and before July 1, 1980, the Superintendent |
3 | | Director of State Police may appoint and
promote not more than |
4 | | 20 persons having special qualifications as special
agents as |
5 | | he deems necessary to carry out the Department's objectives. |
6 | | Any
such appointment or promotion shall be ratified by the |
7 | | Board.
|
8 | | (c) During the 90 days following the effective date of this |
9 | | amendatory Act
of 1995, the Superintendent Director of State |
10 | | Police may appoint up to 25 persons as State
Police officers. |
11 | | These appointments shall be made in accordance with the
|
12 | | requirements of this subsection (c) and any additional criteria |
13 | | that may be
established by the Superintendent Director , but are |
14 | | not subject to any other requirements of
this Act. The |
15 | | Superintendent Director may specify the initial rank for each |
16 | | person appointed
under this subsection.
|
17 | | All appointments under this subsection (c) shall be made |
18 | | from personnel
certified by the Board. A person certified by |
19 | | the Board and appointed by the Superintendent
Director under |
20 | | this subsection must have been employed by the Illinois |
21 | | Commerce
Commission on November 30, 1994 in a job title
subject |
22 | | to the Personnel Code and in a position for which the person |
23 | | was
eligible to earn "eligible creditable service" as a |
24 | | "noncovered employee", as
those terms are defined in Article 14 |
25 | | of the Illinois Pension Code.
|
26 | | Persons appointed under this subsection (c) shall |
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1 | | thereafter be subject to
the same requirements and procedures |
2 | | as other State police officers. A person
appointed under this |
3 | | subsection must serve a probationary period of 12 months
from |
4 | | the date of appointment, during which he or she may be |
5 | | discharged at the
will of the Superintendent Director .
|
6 | | This subsection (c) does not affect or limit the |
7 | | Superintendent's Director's authority to
appoint other State |
8 | | Police officers under subsection (a) of this Section.
|
9 | | (Source: P.A. 100-11, eff. 7-1-17.)
|
10 | | (20 ILCS 2610/10) (from Ch. 121, par. 307.10)
|
11 | | Sec. 10.
Except as provided in Section 9 of this Act, |
12 | | promotion of Department
of State Police officers shall be made |
13 | | by the Superintendent Director
from those candidates
who have |
14 | | been certified to him as being qualified for promotion. The |
15 | | Board
shall make certifications for promotions
on the basis of |
16 | | job performance measurement, seniority, education, or written
|
17 | | or oral examinations. All vacancies in all ranks above the |
18 | | lowest shall
be filled by promotion.
|
19 | | (Source: P.A. 84-25.)
|
20 | | (20 ILCS 2610/13) (from Ch. 121, par. 307.13)
|
21 | | Sec. 13.
Disciplinary measures prescribed by the Board for |
22 | | Department
of State Police officers may be taken by the |
23 | | Superintendent Director for the punishment of
infractions of |
24 | | the rules and regulations of the respective divisions as
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1 | | promulgated by the Department. Such disciplinary measures may |
2 | | include
suspension of any such officer for a reasonable period, |
3 | | not exceeding 30 days.
|
4 | | Any officer so suspended, within 10 days after suspension, |
5 | | may petition
the Board in writing to review the suspension, and |
6 | | upon the filing of such
petition with the Board, the Board |
7 | | shall within a reasonable amount of time,
but no later than 30 |
8 | | days after the date of request for review set the written
|
9 | | petition for hearing before the Board upon not less than 10 |
10 | | days' notice
at a place to be designated by the chairman |
11 | | thereof.
The Board may sustain the action of the Superintendent |
12 | | Director ,
reverse it with instructions that the officer receive |
13 | | his
pay for the period involved, or reduce the length of |
14 | | suspension with instructions
that the officer's pay be adjusted |
15 | | accordingly. No later than July 1,
1987, the Board shall |
16 | | promulgate rules which include the standards to be
used in |
17 | | determining when compensation will be awarded to an officer who |
18 | | is
found not guilty or has served a greater period of |
19 | | suspension than
prescribed by the Board. The Board may not |
20 | | increase
the length of suspension imposed by the Superintendent |
21 | | Director .
The Board may, by unanimous decision, dismiss the |
22 | | petition
if it has determined that there is no substantial |
23 | | basis for its review of
the suspension. In all other respects, |
24 | | the hearing shall be conducted in
the manner provided for in |
25 | | Section 14 hereof. The provisions of the
"Administrative Review |
26 | | Law" and the rules adopted pursuant thereto shall
apply to and |
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1 | | govern all proceedings for the judicial review of any order of
|
2 | | the board rendered pursuant to the provisions of this Section.
|
3 | | (Source: P.A. 85-1042.)
|
4 | | (20 ILCS 2610/14) (from Ch. 121, par. 307.14)
|
5 | | Sec. 14. Except as is otherwise provided in this Act, no |
6 | | Department of
State Police officer shall be removed, demoted or |
7 | | suspended except for
cause, upon written charges filed with the |
8 | | Board by the Superintendent Director and a hearing
before the |
9 | | Board thereon upon not less than 10 days' notice at a place to
|
10 | | be designated by the chairman thereof. At such hearing, the |
11 | | accused shall
be afforded full opportunity to be heard in his |
12 | | or her own defense and
to produce proof in his or her defense. |
13 | | Anyone filing a complaint against a State Police Officer must |
14 | | have the complaint supported by a sworn affidavit.
Any such |
15 | | complaint, having been supported by a sworn affidavit, and |
16 | | having been found, in total or in part, to contain false |
17 | | information, shall be presented to the appropriate State's |
18 | | Attorney for a determination of prosecution.
|
19 | | Before any such officer may be interrogated or examined by |
20 | | or before the
Board, or by a departmental agent or investigator |
21 | | specifically assigned
to conduct an internal investigation, |
22 | | the results of which hearing,
interrogation
or examination may |
23 | | be the basis for filing charges seeking his or her
suspension |
24 | | for more than 15 days or his or her removal or discharge,
he or |
25 | | she shall be advised in writing as to what specific improper or
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1 | | illegal act he or she is alleged to have committed; he or she |
2 | | shall
be advised in writing that his or her admissions made in |
3 | | the course
of the hearing, interrogation or examination may be |
4 | | used as the basis for
charges seeking his or her suspension, |
5 | | removal or discharge; and he
or she shall be advised in writing |
6 | | that he or she has a right to
counsel of his or her choosing, |
7 | | who may be present to advise him or
her at any hearing, |
8 | | interrogation or examination. A complete record of
any hearing, |
9 | | interrogation or examination shall be made, and a complete
|
10 | | transcript or electronic recording thereof shall be made |
11 | | available to such
officer without charge and without delay.
|
12 | | The Board shall have the power to secure by its subpoena
|
13 | | both the attendance and testimony of witnesses and the |
14 | | production of books
and papers in support of the charges and |
15 | | for the defense. Each member of
the Board or a designated |
16 | | hearing officer shall have the power to administer
oaths or |
17 | | affirmations. If the charges against an accused are established
|
18 | | by a preponderance of evidence, the Board shall make a finding |
19 | | of guilty
and order either removal, demotion, suspension for a |
20 | | period of not more
than 180 days, or such other disciplinary |
21 | | punishment as may be prescribed
by the rules and regulations of |
22 | | the Board which, in the opinion of the members
thereof, the |
23 | | offense merits. Thereupon the Superintendent
Director shall |
24 | | direct such removal or other punishment as ordered by the
Board |
25 | | and if the accused refuses to abide by any such disciplinary
|
26 | | order, the Superintendent Director shall remove him or her |
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1 | | forthwith.
|
2 | | If the accused is found not guilty or has served a period |
3 | | of suspension
greater than prescribed by the Board, the Board |
4 | | shall order that the officer receive compensation for the |
5 | | period involved.
The award of compensation shall include |
6 | | interest at the rate of 7% per
annum.
|
7 | | The Board may include in its order appropriate sanctions |
8 | | based upon the
Board's rules and regulations. If the Board |
9 | | finds that a party has made
allegations or denials without |
10 | | reasonable cause or has engaged in frivolous
litigation for the |
11 | | purpose of delay or needless increase in the cost of
|
12 | | litigation, it may order that party to pay the other party's |
13 | | reasonable
expenses, including costs and reasonable attorney's |
14 | | fees. The State of
Illinois and the Department shall be subject |
15 | | to these sanctions in the same
manner as other parties.
|
16 | | In case of the neglect or refusal of any person to obey a |
17 | | subpoena issued
by the Board, any circuit court, upon |
18 | | application
of any member of the Board, may order such person |
19 | | to appear before the Board
and give testimony or produce |
20 | | evidence, and any failure to obey such order
is punishable by |
21 | | the court as a contempt thereof.
|
22 | | The provisions of the Administrative Review Law, and all |
23 | | amendments and
modifications thereof, and the rules adopted |
24 | | pursuant thereto, shall apply
to and govern all proceedings for |
25 | | the judicial review of any order of the
Board rendered pursuant |
26 | | to the provisions of this Section.
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1 | | Notwithstanding the provisions of this Section, a policy |
2 | | making
officer, as defined in the Employee Rights Violation |
3 | | Act, of the Department
of State Police shall be discharged from |
4 | | the Department of State Police as
provided in the Employee |
5 | | Rights Violation Act, enacted by the 85th General
Assembly.
|
6 | | (Source: P.A. 96-891, eff. 5-10-10.)
|
7 | | (20 ILCS 2610/18) (from Ch. 121, par. 307.18)
|
8 | | Sec. 18.
The Superintendent Director may also authorize any
|
9 | | civilian employee of the Department who is not a State |
10 | | policeman to be
a truck weighing inspector with the power of |
11 | | enforcing the provisions of
Sections 15-102, 15-103, 15-107, |
12 | | 15-111 and subsection (d) of
Section 3-401 of the Illinois |
13 | | Vehicle Code.
|
14 | | (Source: P.A. 88-476; 89-117, eff. 7-7-95.)
|
15 | | (20 ILCS 2610/21) (from Ch. 121, par. 307.18b)
|
16 | | Sec. 21.
(a) The Department shall appoint as State |
17 | | policemen the number
of persons required for assignment to the |
18 | | policing of toll highways by
contracts made pursuant to Section |
19 | | 20 of this Act; and such policemen shall
have the same |
20 | | qualifications and shall be appointed and paid and shall
|
21 | | receive the same benefits, as all other State policemen.
|
22 | | (b) The Superintendent Director shall assign such |
23 | | policemen in accordance with
the contract provisions, which may |
24 | | authorize temporary increases or decreases
in the number of |
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1 | | policemen so assigned when emergency conditions so require.
|
2 | | (c) State policemen so assigned have, in policing the toll |
3 | | highways, all
powers and duties of enforcement and arrest which |
4 | | Section 16 of this Act
confers upon State policemen generally |
5 | | in policing other public highways
and other areas, and in |
6 | | addition have the duty to enforce all regulations
established |
7 | | by the Illinois State Toll Highway Authority pursuant to the
|
8 | | authority of "An Act in relation to the construction, |
9 | | operation,
regulation and maintenance of a system of toll |
10 | | highways and to create The
Illinois State Toll Highway |
11 | | Authority, and to define its powers and duties,
to make an |
12 | | appropriation in conjunction therewith", approved August 7, |
13 | | 1967, as amended.
|
14 | | (Source: P.A. 85-1042.)
|
15 | | (20 ILCS 2610/22) (from Ch. 121, par. 307.18c)
|
16 | | Sec. 22.
The Superintendent Director and the State |
17 | | policemen appointed by him,
when authorized by the |
18 | | Superintendent Director , may expend such sums as the |
19 | | Superintendent Director
deems necessary in the purchase of |
20 | | evidence and in the employment of persons
to obtain evidence.
|
21 | | Such sums to be expended shall be advanced to the State |
22 | | policeman who is
to make such purchase or employment from funds |
23 | | appropriated or made available
by law for the support or use of |
24 | | the Department on vouchers therefor signed
by the |
25 | | Superintendent Director .
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1 | | (Source: P.A. 85-1042.)
|
2 | | (20 ILCS 2610/23) (from Ch. 121, par. 307.18d)
|
3 | | Sec. 23. The Superintendent Director may appoint auxiliary |
4 | | State policemen in
such number as he deems necessary. Such |
5 | | auxiliary policemen shall not be
regular State policemen. Such |
6 | | auxiliary State policemen shall
not supplement members of the |
7 | | regular State police in the performance
of their assigned and |
8 | | normal duties, except as otherwise provided herein.
Such |
9 | | auxiliary State policemen shall only be assigned to perform the |
10 | | following
duties: to aid or direct traffic, to aid in control |
11 | | of natural or man made
disasters, or to aid in case of civil |
12 | | disorder as directed by the commanding
officers. |
13 | | Identification symbols worn by such auxiliary State policemen
|
14 | | shall be different and distinct from those used by State |
15 | | policemen. Such
auxiliary State policemen shall at all times |
16 | | during the performance of their
duties be subject to the |
17 | | direction and control of the commanding officer.
Such auxiliary |
18 | | State policemen shall not carry firearms.
|
19 | | Auxiliary State policemen, prior to entering upon any of |
20 | | their duties,
shall receive a course of training in such police |
21 | | procedures as shall be
appropriate in the exercise of the |
22 | | powers conferred upon them, which training
and course of study |
23 | | shall be determined and provided by the Department of
State |
24 | | Police. Prior to the appointment of any auxiliary State |
25 | | policeman
his fingerprints shall be taken and no person shall |
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1 | | be appointed as such
auxiliary State policeman if he has been |
2 | | convicted of a felony or other
crime involving moral turpitude.
|
3 | | All auxiliary State policemen shall be between the age of |
4 | | 21 and 60 years,
and shall serve without compensation.
|
5 | | The Line of Duty Compensation Act shall be applicable to |
6 | | auxiliary State
policemen upon their death in the line of duty |
7 | | described herein.
|
8 | | (Source: P.A. 95-331, eff. 8-21-07.)
|
9 | | Section 25. The State Police Radio Act is amended by |
10 | | changing Section 10 as follows: |
11 | | (20 ILCS 2615/10) |
12 | | Sec. 10. Public safety radio interoperability. Upon their |
13 | | establishment and thereafter, the Superintendent Director of |
14 | | State Police, or his or her designee, shall serve as the |
15 | | chairman of the Illinois Statewide Interoperability Executive |
16 | | Committee (SIEC) and as the chairman of the STARCOM21 Oversight |
17 | | Committee. The Superintendent Director , as chairman, may |
18 | | increase the size and makeup of the voting membership of each |
19 | | committee when deemed necessary for improved public safety |
20 | | radio interoperability, but the voting membership of each |
21 | | committee must represent public safety users (police, fire, or |
22 | | EMS) and must, at a minimum, include the representatives |
23 | | specified in this Section. The STARCOM21 Oversight Committee |
24 | | must comprise public safety users accessing the system. The |
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1 | | SIEC shall have at a minimum one representative from each of |
2 | | the following: the Illinois Fire Chiefs Association, the Rural |
3 | | Fire Protection Association, the Office of the State Fire |
4 | | Marshal, the Illinois Association of Chiefs of Police, the |
5 | | Illinois Sheriffs' Association, the Illinois State Police, the |
6 | | Illinois Emergency Management Agency, the Department of Public |
7 | | Health, and the Secretary of State Police (which representative |
8 | | shall be the Director of the Secretary of State Police or his |
9 | | or her designee).
|
10 | | (Source: P.A. 94-1005, eff. 7-3-06.) |
11 | | Section 30. The Narcotic Control Division Abolition Act is |
12 | | amended by changing Sections 1, 3, 4, 7, and 9 as follows:
|
13 | | (20 ILCS 2620/1) (from Ch. 127, par. 55d)
|
14 | | Sec. 1.
The Division of Narcotic Control is abolished and |
15 | | its functions are
transferred to and shall be administered by |
16 | | the Department of State Police.
|
17 | | When used in this Act, unless the context otherwise |
18 | | indicates:
|
19 | | "Department" means the Department of State Police;
|
20 | | "Superintendent" "Director" means the Superintendent |
21 | | Director of the Department of State Police.
|
22 | | (Source: P.A. 84-25.)
|
23 | | (20 ILCS 2620/3) (from Ch. 127, par. 55f)
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1 | | Sec. 3.
The Superintendent Director may, in conformity with |
2 | | the Personnel Code, employ
such inspectors, physicians, |
3 | | pharmacists, chemists, clerical and other
employees as are |
4 | | necessary to carry out the duties of the Department.
|
5 | | (Source: P.A. 76-442.)
|
6 | | (20 ILCS 2620/4) (from Ch. 127, par. 55g)
|
7 | | Sec. 4.
The Superintendent Director and the inspectors |
8 | | appointed by him are conservators of the
peace and as such have |
9 | | all the powers possessed by policemen in cities and
by |
10 | | sheriffs, except that they may exercise such powers anywhere in |
11 | | the
State, in enforcing the duties conferred upon the |
12 | | Department by Section 2
of this Act.
|
13 | | (Source: P.A. 76-442.)
|
14 | | (20 ILCS 2620/7) (from Ch. 127, par. 55j)
|
15 | | Sec. 7. Expenditures; evidence; forfeited property.
|
16 | | (a) The Superintendent Director and the inspectors |
17 | | appointed by him, when authorized
by the Superintendent |
18 | | Director , may expend such sums as the Superintendent Director |
19 | | deems necessary in
the purchase of controlled substances and |
20 | | cannabis for evidence and in the
employment of persons to |
21 | | obtain evidence.
|
22 | | Such sums to be expended shall be advanced to the officer |
23 | | who is to make
such purchase or employment from funds |
24 | | appropriated or made available by
law for the support or use of |
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1 | | the Department on vouchers therefor signed
by the |
2 | | Superintendent Director . The Superintendent Director and such |
3 | | officers are authorized to maintain
one or more commercial |
4 | | checking accounts with any State banking corporation
or |
5 | | corporations organized under or subject to the Illinois Banking |
6 | | Act for
the deposit and withdrawal of moneys to be used for the |
7 | | purchase of evidence
and for the employment of persons to |
8 | | obtain evidence; provided that no check
may be written on nor |
9 | | any withdrawal made from any such account except on
the written |
10 | | signatures of 2 persons designated by the Superintendent |
11 | | Director to write
such checks and make such withdrawals.
|
12 | | (b) The Superintendent Director is authorized to maintain |
13 | | one or more commercial bank
accounts with any State banking |
14 | | corporation or corporations organized under
or subject to the |
15 | | Illinois Banking Act, as now or hereafter amended, for the
|
16 | | deposit or withdrawal of (i) moneys forfeited to the |
17 | | Department, including
the proceeds of the sale of forfeited |
18 | | property, as provided in Section 2 of
the State Officers and |
19 | | Employees Money Disposition Act, as now or hereafter
amended, |
20 | | pending disbursement to participating agencies and deposit of |
21 | | the
Department's share as provided in subsection (c), and (ii) |
22 | | all moneys
being held as evidence by the Department, pending |
23 | | final court disposition;
provided that no check may be written |
24 | | on or any withdrawal made from any such
account except on the |
25 | | written signatures of 2 persons designated by the |
26 | | Superintendent
Director to write such checks and make such |
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1 | | withdrawals.
|
2 | | (c) All moneys received by the Illinois State Police as |
3 | | their share of
forfeited funds (including the proceeds of the |
4 | | sale of forfeited property)
received pursuant to the Drug Asset |
5 | | Forfeiture Procedure Act, the Cannabis
Control Act, the |
6 | | Illinois Controlled Substances Act, the Methamphetamine |
7 | | Control and Community Protection Act, the Environmental
|
8 | | Protection Act, or any other Illinois law shall be deposited |
9 | | into the State
Asset Forfeiture Fund, which is hereby created |
10 | | as an interest-bearing special
fund in the State treasury.
|
11 | | All moneys received by the Illinois State Police as their |
12 | | share of
forfeited funds (including the proceeds of the sale of |
13 | | forfeited property)
received pursuant to federal equitable |
14 | | sharing transfers shall be deposited
into the Federal Asset |
15 | | Forfeiture Fund, which is hereby created as an
interest-bearing |
16 | | special fund in the State treasury.
|
17 | | The moneys deposited into the State Asset Forfeiture Fund |
18 | | and the
Federal Asset Forfeiture Fund shall be appropriated to |
19 | | the Department of State
Police and may be used by the Illinois |
20 | | State Police in accordance with law.
|
21 | | (Source: P.A. 94-556, eff. 9-11-05.)
|
22 | | (20 ILCS 2620/9) (from Ch. 127, par. 55l)
|
23 | | Sec. 9.
The Superintendent Director shall, in an annual |
24 | | report to the Governor, report the
results obtained in the |
25 | | enforcement of this Act, together with such other
information |
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1 | | and recommendations as he deems proper.
|
2 | | (Source: P.A. 76-442.)
|
3 | | Section 35. The Criminal Identification Act is amended by |
4 | | changing Section 1 as follows:
|
5 | | (20 ILCS 2630/1) (from Ch. 38, par. 206-1)
|
6 | | Sec. 1.
The Department of State Police hereinafter
referred |
7 | | to as the
"Department", is hereby empowered to cope with the |
8 | | task of criminal
identification and investigation.
|
9 | | The Superintendent Director of the Department of State |
10 | | Police
shall, from time to
time, appoint such employees or |
11 | | assistants as may be necessary to carry out
this work. |
12 | | Employees or assistants so appointed shall receive salaries
|
13 | | subject to the standard pay plan provided for in the "Personnel |
14 | | Code",
approved July 18, 1955, as amended.
|
15 | | (Source: P.A. 84-25.)
|
16 | | Section 40. The Illinois Uniform Conviction Information |
17 | | Act is amended by changing Sections 3, 6, 9, and 17 as follows:
|
18 | | (20 ILCS 2635/3) (from Ch. 38, par. 1603)
|
19 | | Sec. 3. Definitions. Whenever used in this Act, and for the |
20 | | purposes
of this Act, unless the context clearly indicates |
21 | | otherwise:
|
22 | | (A) "Accurate" means factually correct, containing no |
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1 | | mistake or error
of a material nature.
|
2 | | (B) The phrase "administer the criminal laws" includes any |
3 | | of the
following activities: intelligence gathering, |
4 | | surveillance, criminal
investigation, crime detection and |
5 | | prevention (including research),
apprehension, detention, |
6 | | pretrial or post-trial release, prosecution, the
correctional |
7 | | supervision or rehabilitation of accused persons or criminal
|
8 | | offenders, criminal identification activities, data analysis |
9 | | and research done by the sentencing commission, or the |
10 | | collection,
maintenance or dissemination of criminal history |
11 | | record information.
|
12 | | (C) "The Authority" means the Illinois Criminal Justice |
13 | | Information
Authority.
|
14 | | (D) "Automated" means the utilization of computers, |
15 | | telecommunication
lines, or other automatic data processing |
16 | | equipment for data collection or
storage, analysis, |
17 | | processing, preservation, maintenance, dissemination, or
|
18 | | display and is distinguished from a system in which such |
19 | | activities are
performed manually.
|
20 | | (E) "Complete" means accurately reflecting all the |
21 | | criminal history
record information about an individual that is |
22 | | required to be reported to
the Department pursuant to Section |
23 | | 2.1 of the Criminal Identification Act.
|
24 | | (F) "Conviction information" means data reflecting a |
25 | | judgment of guilt
or nolo contendere. The term includes all |
26 | | prior and subsequent criminal
history events directly relating |
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1 | | to such judgments, such as, but not
limited to: (1) the |
2 | | notation of arrest; (2) the notation of charges filed;
(3) the |
3 | | sentence imposed; (4) the fine imposed; and (5) all related
|
4 | | probation, parole, and release information. Information ceases |
5 | | to be
"conviction information" when a judgment of guilt is |
6 | | reversed or vacated.
|
7 | | For purposes of this Act, continuances to a date certain in |
8 | | furtherance
of an order of supervision granted under Section |
9 | | 5-6-1 of the Unified Code
of Corrections or an order of |
10 | | probation granted under either Section 10 of
the Cannabis |
11 | | Control Act, Section 410 of the Illinois Controlled
Substances |
12 | | Act, Section 70 of the Methamphetamine Control and Community |
13 | | Protection Act, Section 12-4.3 or subdivision (b)(1) of Section |
14 | | 12-3.05 of the Criminal Code of 1961 or the Criminal Code of |
15 | | 2012, Section
10-102 of the Illinois Alcoholism and Other Drug |
16 | | Dependency Act, Section
40-10 of the Alcoholism and Other Drug |
17 | | Abuse and Dependency Act, or Section
10 of the Steroid Control |
18 | | Act shall not be deemed "conviction information".
|
19 | | (G) "Criminal history record information" means data |
20 | | identifiable to an
individual, including information collected |
21 | | under Section 4.5 of the Criminal Identification Act, and |
22 | | consisting of descriptions or notations of arrests,
|
23 | | detentions, indictments, informations, pretrial proceedings, |
24 | | trials, or
other formal events in the criminal justice system |
25 | | or descriptions or
notations of criminal charges (including |
26 | | criminal violations of local
municipal ordinances) and the |
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1 | | nature of any disposition arising therefrom,
including |
2 | | sentencing, court or correctional supervision, rehabilitation |
3 | | and
release. The term does not apply to statistical records and |
4 | | reports in
which individuals are not identified and from which |
5 | | their identities are not
ascertainable, or to information that |
6 | | is for criminal investigative or
intelligence purposes.
|
7 | | (H) "Criminal justice agency" means (1) a government agency |
8 | | or any
subunit thereof which is authorized to administer the |
9 | | criminal laws and
which allocates a substantial part of its |
10 | | annual budget for that purpose,
or (2) an agency supported by |
11 | | public funds which is authorized as its
principal function to |
12 | | administer the criminal laws and which is officially
designated |
13 | | by the Department as a criminal justice agency for purposes of
|
14 | | this Act.
|
15 | | (I) "The Department" means the Illinois Department of State |
16 | | Police.
|
17 | | (J) "Superintendent" "Director" means the Superintendent |
18 | | Director of the Illinois Department of State
Police.
|
19 | | (K) "Disseminate" means to disclose or transmit conviction |
20 | | information
in any form, oral, written, or otherwise.
|
21 | | (L) "Exigency" means pending danger or the threat of |
22 | | pending danger to
an individual or property.
|
23 | | (M) "Non-criminal justice agency" means a State agency, |
24 | | Federal agency,
or unit of local government that is not a |
25 | | criminal justice agency. The
term does not refer to private |
26 | | individuals, corporations, or
non-governmental agencies or |
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1 | | organizations.
|
2 | | (M-5) "Request" means the submission to the Department, in |
3 | | the form and
manner required, the necessary data elements or |
4 | | fingerprints, or both, to allow
the Department to initiate a |
5 | | search of its criminal history record information
files.
|
6 | | (N) "Requester" means any private individual, corporation, |
7 | | organization,
employer, employment agency, labor organization, |
8 | | or non-criminal justice
agency that has made a request pursuant |
9 | | to this Act
to obtain
conviction information maintained in the |
10 | | files of the Department of State
Police regarding a particular |
11 | | individual.
|
12 | | (O) "Statistical information" means data from which the |
13 | | identity of an
individual cannot be ascertained, |
14 | | reconstructed, or verified and to which
the identity of an |
15 | | individual cannot be linked by the recipient of the
|
16 | | information.
|
17 | | (P) "Sentencing commission" means the Sentencing Policy |
18 | | Advisory Council. |
19 | | (Source: P.A. 99-880, eff. 8-22-16; 100-201, eff. 8-18-17.)
|
20 | | (20 ILCS 2635/6) (from Ch. 38, par. 1606)
|
21 | | Sec. 6. Dissemination Time Frames and Priorities. |
22 | | (A) The
Department's duty and obligation to furnish |
23 | | criminal history record
information to peace officers and |
24 | | criminal justice agencies shall take
precedence over any |
25 | | requirement of this Act to furnish conviction
information to |
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1 | | non-criminal justice agencies or to the public. When, in
the |
2 | | judgment of the Superintendent Director , such duties and |
3 | | obligations are being
fulfilled in a timely manner, the |
4 | | Department shall furnish conviction
information to requesters |
5 | | in accordance with the provisions of this Act.
The Department |
6 | | may give priority to requests for conviction information
from |
7 | | non-criminal justice agencies over other requests submitted |
8 | | pursuant
to this Act.
|
9 | | (B) The Department shall attempt to honor requests for |
10 | | conviction
information made pursuant to this Act in the |
11 | | shortest time possible.
Subject to the dissemination |
12 | | priorities of subsection (A) of this Section,
the Department |
13 | | shall respond to a request for conviction information within
2 |
14 | | weeks from receipt of a request.
|
15 | | (Source: P.A. 85-922.)
|
16 | | (20 ILCS 2635/9) (from Ch. 38, par. 1609)
|
17 | | Sec. 9.
Procedural Requirements for Disseminating |
18 | | Conviction
Information.
|
19 | | (A) In accordance with the time parameters of Section 6 and
|
20 | | the requirements of
subsection (B) of
this Section 9, the |
21 | | Department
shall either: (1) transmit conviction information |
22 | | to the
requester, including an explanation of any code or |
23 | | abbreviation; (2)
explain to the requester why the information |
24 | | requested cannot be
transmitted; or (3) inform the requester of |
25 | | any deficiency in the request.
|
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1 | | (B) Prior to a non-automated dissemination or within 30 |
2 | | days subsequent to
an automated dissemination made pursuant to |
3 | | this Act, the Department shall
first conduct a formal
update |
4 | | inquiry and review to make certain that the information
|
5 | | disseminated is complete, except (1) in cases of exigency, (2) |
6 | | upon request of
another criminal justice agency, (3) for |
7 | | conviction information that is less
than 30 days old, or (4) |
8 | | for information intentionally fabricated upon the
express |
9 | | written authorization of the Superintendent Director of State |
10 | | Police to support
undercover law enforcement efforts.
|
11 | | It shall be the responsibility of the Department to retain |
12 | | a record
of every extra-agency dissemination of conviction |
13 | | information for a period
of not less than 3 years. Such records |
14 | | shall be subject to audit by the
Department, and shall, upon |
15 | | request, be supplied to the individual to whom
the information |
16 | | pertains for requests from members of the general public,
|
17 | | corporations, organizations, employers, employment agencies, |
18 | | labor
organizations and non-criminal justice agencies. At a |
19 | | minimum, the
following information shall be recorded and |
20 | | retained by the Department:
|
21 | | (1) The name of the individual to whom the disseminated |
22 | | information
pertains;
|
23 | | (2) The name of the individual requesting the |
24 | | information;
|
25 | | (3) The date of the request;
|
26 | | (4) The name and address of the private individual, |
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1 | | corporation,
organization, employer, employment agency, |
2 | | labor organization or
non-criminal justice agency |
3 | | receiving the information; and
|
4 | | (5) The date of the dissemination.
|
5 | | (Source: P.A. 91-357, eff. 7-29-99.)
|
6 | | (20 ILCS 2635/17) (from Ch. 38, par. 1617)
|
7 | | Sec. 17. Administrative Sanctions. The Department shall |
8 | | refuse to
comply with any request to furnish conviction |
9 | | information maintained in its
files, if the requester has not |
10 | | acted in accordance with the requirements
of this Act or rules |
11 | | and regulations issued pursuant thereto. The
requester may |
12 | | appeal such a refusal by the Department to the Superintendent |
13 | | Director .
Upon written application by the requester, the |
14 | | Superintendent Director shall hold a
hearing to determine |
15 | | whether dissemination of the requested information
would be in |
16 | | violation of this Act or rules and regulations issued
pursuant |
17 | | to it or other federal or State law pertaining to the |
18 | | collection,
maintenance or dissemination of criminal history |
19 | | record information. When
the Superintendent Director finds |
20 | | such a violation, the Department shall be prohibited
from |
21 | | disseminating conviction information to the requester, under |
22 | | such
terms and conditions and for such periods of time as the |
23 | | Superintendent Director deems
appropriate.
|
24 | | (Source: P.A. 85-922.)
|
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1 | | Section 45. The Statewide Organized Gang Database Act is |
2 | | amended by changing Sections 5 and 10 as follows:
|
3 | | (20 ILCS 2640/5)
|
4 | | Sec. 5. Definitions. As used in this Act:
|
5 | | "Department" means the Department of State Police.
|
6 | | "Superintendent" "Director" means the Superintendent |
7 | | Director of State Police.
|
8 | | "Organized gang" has the meaning ascribed to it in Section |
9 | | 10 of the
Illinois Streetgang Terrorism Omnibus Prevention Act.
|
10 | | A "SWORD terminal" is an interactive computerized |
11 | | communication and
processing unit that permits a direct on-line |
12 | | communication with the
Department of State Police's central |
13 | | data repository, the Statewide
Organized Gang Database |
14 | | (SWORD).
|
15 | | (Source: P.A. 87-932; 88-467.)
|
16 | | (20 ILCS 2640/10)
|
17 | | Sec. 10. Duties of the Department. The Department may:
|
18 | | (a) provide a uniform reporting format for the entry of |
19 | | pertinent
information regarding the report of an arrested |
20 | | organized gang member or
organized gang affiliate into SWORD;
|
21 | | (b) notify all law enforcement agencies that reports of |
22 | | arrested
organized gang members or organized gang affiliates |
23 | | shall be entered into
the database as soon as the minimum level |
24 | | of data specified by the
Department is available to the |
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1 | | reporting agency, and that no waiting period
for the entry of |
2 | | that data exists;
|
3 | | (c) develop and implement a policy for notifying law |
4 | | enforcement
agencies of the emergence of new organized gangs, |
5 | | or the change of a name or
other identifying sign by an |
6 | | existing organized gang;
|
7 | | (d) compile and retain information regarding organized |
8 | | gangs and their
members and affiliates, in a manner that allows |
9 | | the information to be used
by law enforcement and other |
10 | | agencies, deemed appropriate by the Superintendent Director ,
|
11 | | for investigative purposes;
|
12 | | (e) compile and maintain a historic data repository |
13 | | relating to
organized gangs and their members and affiliates in |
14 | | order to develop and
improve techniques utilized by law |
15 | | enforcement agencies and prosecutors in
the investigation, |
16 | | apprehension, and prosecution of members and affiliates
of |
17 | | organized gangs;
|
18 | | (f) create a quality control program regarding |
19 | | confirmation of organized
gang membership and organized gang |
20 | | affiliation data, timeliness and
accuracy of information |
21 | | entered into SWORD, and performance audits of all
entering |
22 | | agencies;
|
23 | | (g) locate all law enforcement agencies that could, in the |
24 | | opinion of
the Superintendent Director , benefit from access to |
25 | | SWORD, and notify them of its
existence; and
|
26 | | (h) cooperate with all law enforcement agencies wishing to |
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1 | | gain access
to the SWORD system, and facilitate their entry |
2 | | into the system and their
continued maintenance of access to |
3 | | it.
|
4 | | (Source: P.A. 87-932.)
|
5 | | Section 50. The Statewide Senior Citizen Victimizer |
6 | | Database Act is amended by changing Sections 5 and 10 as |
7 | | follows:
|
8 | | (20 ILCS 2645/5)
|
9 | | Sec. 5. Definitions. In this Act:
|
10 | | "Department" means Department of State Police.
|
11 | | "Superintendent" "Director" means the Superintendent |
12 | | Director of State Police.
|
13 | | "Senior citizen" means a person of the age of 60 years or |
14 | | older.
|
15 | | "Senior citizen victimizer" means a person who has been |
16 | | arrested for
committing an offense against a senior citizen.
|
17 | | "Statewide Senior Citizen Victimizer Database Terminal" |
18 | | means an interactive
computerized communication and
processing |
19 | | unit that permits direct on-line communication with the |
20 | | Department
of State Police's
Statewide Senior Citizen |
21 | | Victimizer Database.
|
22 | | (Source: P.A. 92-246, eff. 1-1-02.)
|
23 | | (20 ILCS 2645/10)
|
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1 | | Sec. 10. Duties of the Department. The Department may:
|
2 | | (a) Provide a uniform reporting format for the entry of |
3 | | pertinent
information
regarding the report of an arrested |
4 | | senior
citizen victimizer into the Senior Citizen Victimizer |
5 | | Database Terminal;
|
6 | | (b) Notify all law enforcement agencies that reports of |
7 | | arrested senior
citizen
victimizers shall be entered into the
|
8 | | database as soon as the minimum level of data of information |
9 | | specified by the
Department is available to the
reporting |
10 | | agency, and that no waiting period for the entry of that data |
11 | | exists;
|
12 | | (c) Compile and maintain a data repository relating to |
13 | | senior citizen
victimizers in order to gather information
|
14 | | regarding the various modus operandi used to victimize senior |
15 | | citizens, groups
that tend to routinely target senior
citizens, |
16 | | areas of the State that senior citizen victimizers tend to |
17 | | frequent,
and the type of persons senior citizen
victimizers |
18 | | routinely target;
|
19 | | (d) Develop and improve techniques used by law enforcement |
20 | | agencies and
prosecutors in the investigation,
apprehension, |
21 | | and prosecution of senior citizen victimizers;
|
22 | | (e) Locate all law enforcement agencies that could, in the |
23 | | opinion of the Superintendent
Director ,
benefit from access to |
24 | | the Statewide
Senior Citizen Victimizer Database, and notify |
25 | | them of its existence; and
|
26 | | (f) Cooperate with all law enforcement agencies wishing to |
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1 | | gain access to
the
Statewide Senior Citizen Victimizer
Database |
2 | | system, and to facilitate their entry into the system and to |
3 | | their
continued maintenance of access to it.
|
4 | | (Source: P.A. 92-246, eff. 1-1-02.)
|
5 | | Section 55. The Illinois Criminal Justice Information Act |
6 | | is amended by changing Sections 4 and 15 as follows: |
7 | | (20 ILCS 3930/4) (from Ch. 38, par. 210-4) |
8 | | Sec. 4. Illinois Criminal Justice Information Authority; |
9 | | creation,
membership, and meetings. There is created an |
10 | | Illinois Criminal Justice
Information Authority consisting of |
11 | | 25 members. The membership of
the
Authority shall consist of |
12 | | the Illinois Attorney General, or his or her
designee, the |
13 | | Director of Corrections, the Superintendent Director
of State |
14 | | Police, the Director of Public Health, the Director of Children |
15 | | and Family Services, the Sheriff of Cook County, the
State's |
16 | | Attorney of Cook County, the clerk of the circuit court of Cook
|
17 | | County, the President of the Cook County Board of |
18 | | Commissioners, the Superintendent of the Chicago Police
|
19 | | Department, the Director of the Office of the State's Attorneys |
20 | | Appellate
Prosecutor, the Executive Director of the Illinois |
21 | | Law Enforcement Training
Standards Board, the State Appellate |
22 | | Defender, the Public Defender of Cook County, and the following |
23 | | additional
members, each of whom
shall be appointed by the |
24 | | Governor: a circuit court clerk, a sheriff,
a State's Attorney |
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1 | | of a
county other than Cook, a Public Defender of a county |
2 | | other than Cook, a chief of police, and 6 members of the
|
3 | | general public. |
4 | | Members appointed on and after the effective date of this |
5 | | amendatory Act of the 98th General Assembly shall be confirmed |
6 | | by the Senate. |
7 | | The Governor from time to time shall designate a Chairman |
8 | | of the Authority
from the membership. All members of the |
9 | | Authority appointed by the Governor
shall serve at the pleasure |
10 | | of the Governor for a term not to exceed 4 years.
The initial |
11 | | appointed members of the Authority shall serve from January,
|
12 | | 1983 until the third Monday in January, 1987 or until their |
13 | | successors are
appointed. |
14 | | The Authority shall meet at least quarterly, and all |
15 | | meetings of the
Authority shall be called by the Chairman. |
16 | | (Source: P.A. 97-1151, eff. 1-25-13; 98-955, eff. 8-15-14.) |
17 | | (20 ILCS 3930/15) |
18 | | (Section scheduled to be repealed on January 1, 2019) |
19 | | Sec. 15. Sex Offenses and Sex Offender Registration Task |
20 | | Force. |
21 | | (a) The General Assembly acknowledges that numerous |
22 | | criminal offenses that are categorized as sex offenses are |
23 | | serious crimes that affect some of the most vulnerable victims. |
24 | | (1) The Sex Offender Database was created as a |
25 | | statewide database for the purpose of making information |
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1 | | regarding sex offenders publicly available so that victims |
2 | | may be aware of released offenders and law enforcement may |
3 | | have a tool to identify potential perpetrators of current |
4 | | offenses. In addition to the Registry, sex offenders may be |
5 | | subject to specific conditions and prohibitions for a |
6 | | period after the person's release from imprisonment that |
7 | | restricts where the person may reside, travel, and work. |
8 | | (2) The General Assembly recognizes that the current |
9 | | Sex Offender Database and sex offender restrictions do not |
10 | | assess or differentiate based upon the specific risks of |
11 | | each offender, potential threat to public safety, or an |
12 | | offender's likelihood of re-offending. |
13 | | (3) The General Assembly believes that a Task Force |
14 | | should be created to ensure that law enforcement and |
15 | | communities are able to identify high-risk sex offenders |
16 | | and focus on monitoring those offenders to protect victims, |
17 | | improve public safety, and maintain the seriousness of each |
18 | | offense. |
19 | | (b) The Sex Offenses and Sex Offender Registration Task |
20 | | Force is hereby created. |
21 | | (1) The Task Force shall examine current offenses that |
22 | | require offenders to register as sex offenders, the current |
23 | | data and research regarding evidence based practices, the |
24 | | conditions, restrictions, and outcomes for registered sex |
25 | | offenders, and the registration process. |
26 | | (2) The Task Force shall hold public hearings at the |
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1 | | call of the co-chairpersons to receive testimony from the |
2 | | public and make recommendations to the General Assembly |
3 | | regarding legislative changes to more effectively classify |
4 | | sex offenders based on their level of risk of re-offending, |
5 | | better direct resources to monitor the most violent and |
6 | | high risk offenders, and to ensure public safety. |
7 | | (3) The Task Force shall be an independent Task Force |
8 | | under the Illinois Criminal Justice Information Authority |
9 | | for administrative purposes, and shall consist of the |
10 | | following members: |
11 | | (A) the Executive Director of the Illinois |
12 | | Criminal Justice Information Authority; |
13 | | (B) the Director of Corrections, or his or her |
14 | | designee; |
15 | | (B-5) the Director of Juvenile Justice, or his or |
16 | | her designee; |
17 | | (C) 2 members of the House of Representatives |
18 | | appointed by the Speaker of the House of |
19 | | Representatives, one of whom shall serve as |
20 | | co-chairperson; |
21 | | (D) 2 members of the Senate appointed by the |
22 | | President of the Senate, one of whom shall serve as a |
23 | | co-chairperson; |
24 | | (E) a member of the Senate appointed by the |
25 | | Minority Leader of the Senate; |
26 | | (F) a member of the House of Representatives |
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1 | | appointed by the Minority Leader of the House of |
2 | | Representatives; |
3 | | (G) the Superintendent Director of State Police, |
4 | | or his or her designee; |
5 | | (H) the Superintendent of the Chicago Police |
6 | | Department, or his or her designee; |
7 | | (I) the Chairperson of the Juvenile Justice |
8 | | Commission, or his or her designee; |
9 | | (J) a representative of a statewide organization |
10 | | against sexual assault, appointed by the Executive |
11 | | Director of the Authority; |
12 | | (K) 2 academics or researchers who have studied |
13 | | issues related to adult sex offending, appointed by the |
14 | | Executive Director of the Authority; |
15 | | (L) a representative of a legal organization that |
16 | | works with adult sex offenders who focus on the |
17 | | collateral consequences of conviction and |
18 | | registration, appointed by the Executive Director of |
19 | | the Authority; |
20 | | (M) a representative of a statewide organization |
21 | | representing probation and court services agencies in |
22 | | this State, appointed by the Executive Director of the |
23 | | Authority; |
24 | | (N) a representative of a statewide organization |
25 | | representing Illinois sheriffs, appointed by the |
26 | | Executive Director of the Authority; |
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1 | | (O) a representative of a statewide organization |
2 | | representing Illinois police chiefs, appointed by the |
3 | | Executive Director of the Authority; |
4 | | (P) 2 State's Attorneys to be appointed by the |
5 | | Executive Director of the Authority; |
6 | | (Q) 2 treatment providers who specialize in adult |
7 | | treatment appointed by the Executive Director of the |
8 | | Authority; |
9 | | (R) a treatment provider who specializes in |
10 | | working with victims of sex offenses, appointed by the |
11 | | Executive Director of the Authority; |
12 | | (S) 2 representatives from community-based |
13 | | organizations that work with adults convicted of sex |
14 | | offenses on re-entry appointed by the Executive |
15 | | Director of the Authority; |
16 | | (T) a representative of a statewide organization |
17 | | that represents or coordinates services for victims of |
18 | | sex offenses, appointed by the Executive Director of |
19 | | the Authority; |
20 | | (U) a representative of a statewide organization |
21 | | that represents or is comprised of individuals |
22 | | convicted as adults of a sex offense who are currently |
23 | | on a registry, appointed by the Executive Director of |
24 | | the Authority; |
25 | | (V) a public defender to be appointed by the |
26 | | Executive Director of the Authority; and |
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1 | | (W) an appellate defender to be appointed by the |
2 | | Executive Director of the Authority. |
3 | | (c) The Illinois Criminal Justice Information Authority |
4 | | may consult, contract, work in conjunction with, and obtain any |
5 | | information from any individual, agency, association, or |
6 | | research institution deemed appropriate by the Authority. |
7 | | (d) The Task Force shall submit a written report of its |
8 | | findings and recommendations to the General Assembly on or |
9 | | before January 1, 2018. |
10 | | (e) This Section is repealed on January 1, 2019.
|
11 | | (Source: P.A. 99-873, eff. 1-1-17 .) |
12 | | Section 60. The Laboratory Review Board Act is amended by |
13 | | changing Section 2 as follows:
|
14 | | (20 ILCS 3980/2) (from Ch. 111 1/2, par. 8002)
|
15 | | Sec. 2.
There is hereby created the Laboratory Review Board
|
16 | | (hereinafter referred to as the Board), which shall consist of |
17 | | 7 persons,
one each appointed by the Director of Agriculture, |
18 | | the Director of Natural
Resources, the Secretary of Human |
19 | | Services, the Director of Public Health, the Superintendent
|
20 | | Director of State Police,
the Director of the Environmental |
21 | | Protection Agency, and the Illinois
Secretary of |
22 | | Transportation. Members of the Board shall serve at the
|
23 | | pleasure of their appointing authorities.
|
24 | | (Source: P.A. 89-445, eff. 2-7-96; 89-507, eff. 7-1-97.)
|
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1 | | Section 65. The Law Enforcement and Fire Fighting Medal of |
2 | | Honor Act is amended by changing Section 2001 as follows:
|
3 | | (20 ILCS 3985/2001) (from Ch. 127, par. 3852-1)
|
4 | | Sec. 2001.
There is created the Law Enforcement Medal of |
5 | | Honor
Committee, referred to in this Article as the Committee. |
6 | | The Committee
shall consist of the Superintendent Director of |
7 | | the Department of State Police, the
Superintendent of the |
8 | | Chicago Police Department, the Executive Director of
the |
9 | | Illinois Law Enforcement Training
Standards Board,
and the |
10 | | following persons appointed by the Governor: a sheriff, a chief |
11 | | of
police from other than Chicago, a representative of a |
12 | | statewide law
enforcement officer organization and a retired |
13 | | Illinois law enforcement
officer. Of the appointed members, the |
14 | | sheriff and police chief shall each
serve a 2-year term and the |
15 | | organization representative and retired officer
shall each |
16 | | serve a one-year term. The Governor shall appoint initial
|
17 | | members within 3 months of the effective date of this Act.
|
18 | | Members of the Committee shall serve without compensation |
19 | | but shall be
reimbursed for actual expenses incurred in the |
20 | | performance of their duties
from funds appropriated to the |
21 | | Office of the Governor for such purpose.
|
22 | | (Source: P.A. 91-357, eff. 7-29-99.)
|
23 | | Section 70. The Illinois Motor Vehicle Theft Prevention and |
|
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1 | | Insurance Verification Act is amended by changing Sections 3 |
2 | | and 4 as follows:
|
3 | | (20 ILCS 4005/3) (from Ch. 95 1/2, par. 1303)
|
4 | | (Section scheduled to be repealed on January 1, 2025)
|
5 | | Sec. 3.
As used in this Act:
|
6 | | (a) (Blank).
|
7 | | (b) "Council" means the Illinois Motor Vehicle Theft |
8 | | Prevention and Insurance Verification
Council.
|
9 | | (b-2) "Superintendent" "Director" means the Superintendent |
10 | | Director of the Secretary of State Department of Police. |
11 | | (b-5) "Police" means the Secretary of State Department of |
12 | | Police. |
13 | | (b-7) "Secretary" means the Secretary of State. |
14 | | (c) "Trust Fund" means the Motor Vehicle Theft Prevention |
15 | | and Insurance Verification Trust Fund.
|
16 | | (Source: P.A. 100-373, eff. 1-1-18 .)
|
17 | | (20 ILCS 4005/4) (from Ch. 95 1/2, par. 1304)
|
18 | | (Section scheduled to be repealed on January 1, 2025)
|
19 | | Sec. 4.
There is hereby created an Illinois Motor
Vehicle |
20 | | Theft Prevention and Insurance Verification Council, which |
21 | | shall exercise its powers, duties and
responsibilities. There |
22 | | shall be 11 members of
the Council consisting of the Secretary |
23 | | of State or his designee, the Superintendent Director
of the |
24 | | Department of State Police, the State's Attorney of Cook |
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1 | | County, the
Superintendent of the Chicago Police Department, |
2 | | and the following 7 additional
members, each of whom shall be |
3 | | appointed by the Secretary of State: a state's attorney
of a |
4 | | county other than Cook, a chief executive law enforcement |
5 | | official from
a jurisdiction other than the City of Chicago, 5 |
6 | | representatives of insurers
authorized to write motor vehicle |
7 | | insurance in this State, all of whom shall
be domiciled in this |
8 | | State.
|
9 | | The Superintendent Director shall be the Chairman of the
|
10 | | Council. All members of the Council appointed by the Secretary
|
11 | | shall serve at the discretion of the Secretary for a term not |
12 | | to
exceed 4 years. The Council shall meet at least quarterly.
|
13 | | (Source: P.A. 100-373, eff. 1-1-18 .)
|
14 | | Section 75. The Social Security Number Protection Task |
15 | | Force Act is amended by changing Section 10 as follows: |
16 | | (20 ILCS 4040/10)
|
17 | | Sec. 10. Social Security Number Protection Task Force. |
18 | | (a) The Social Security Number Protection Task Force is |
19 | | created within the Office of the Attorney General. The Attorney |
20 | | General is responsible for administering the activities of the |
21 | | Task Force. The Task Force shall consist of the following |
22 | | members: |
23 | | (1) Two members representing the House of |
24 | | Representatives, appointed by the Speaker of the House of |
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1 | | Representatives; |
2 | | (2) Two members representing the House of |
3 | | Representatives, appointed by the Minority Leader of the |
4 | | House of Representatives; |
5 | | (3) Two members representing the Senate, appointed by |
6 | | the President of the Senate; |
7 | | (4) Two members representing the Senate, appointed by |
8 | | the Minority Leader of the Senate; |
9 | | (5) One member, who shall serve as the chairperson of |
10 | | the Task Force, representing the Office of the Attorney |
11 | | General, appointed by the Attorney General; |
12 | | (6) One member representing the Office of the Secretary |
13 | | of State, appointed by the Secretary of State; |
14 | | (7) One member representing the Office of the Governor, |
15 | | appointed by the Governor; |
16 | | (8) One member representing the Department of Natural |
17 | | Resources, appointed by the Director of Natural Resources; |
18 | | (9) One member representing the Department of |
19 | | Healthcare and Family Services, appointed by the Director |
20 | | of Healthcare and Family Services; |
21 | | (10) One member representing the Department of |
22 | | Revenue, appointed by the Director of Revenue; |
23 | | (11) One member representing the Department of State |
24 | | Police, appointed by the Superintendent Director of State |
25 | | Police;
|
26 | | (12) One member representing the Department of |
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1 | | Employment Security, appointed by the Director of |
2 | | Employment Security; |
3 | | (13) One member representing the Illinois Courts, |
4 | | appointed by the Director of the Administrative Office of |
5 | | Illinois Courts; |
6 | | (14) One member representing the Department on Aging, |
7 | | appointed by the Director of the Department on Aging;
|
8 | | (15) One member appointed by the Director of Central |
9 | | Management Services;
|
10 | | (16) One member appointed by the Executive Director of |
11 | | the Board of Higher Education;
|
12 | | (17) One member appointed by the Secretary of Human |
13 | | Services;
|
14 | | (18) Three members appointed by the chairperson of the |
15 | | Task Force, representing local-governmental organizations, |
16 | | who may include representatives of clerks of the circuit |
17 | | court, recorders of deeds, counties, and municipalities;
|
18 | | (19) One member representing the Office of the State |
19 | | Comptroller, appointed by the Comptroller; and
|
20 | | (20) One member representing school administrators, |
21 | | appointed by the State Superintendent of Education.
|
22 | | (b) The Task Force shall examine the procedures used by the |
23 | | State to protect an individual against the unauthorized |
24 | | disclosure of his or her social security number when the State |
25 | | requires the individual to provide his or her social security |
26 | | number to an officer or agency of the State. |
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1 | | (c) The Task Force shall report its findings and |
2 | | recommendations, including its recommendations concerning a |
3 | | unique identification number system under Section 15, to the |
4 | | Governor, the Attorney General, the Secretary of State, and the |
5 | | General Assembly no later than December 31 of each year.
|
6 | | (Source: P.A. 94-611, eff. 8-18-05; 95-331, eff. 8-21-07; |
7 | | 95-482, eff. 8-28-07.) |
8 | | Section 80. The Commission to Study Disproportionate |
9 | | Justice Impact Act is amended by changing Section 10 as |
10 | | follows: |
11 | | (20 ILCS 4085/10)
|
12 | | Sec. 10. Composition. The Commission shall be composed of |
13 | | the following members: |
14 | | (a) Two members of the Senate appointed by the Senate |
15 | | President, one of whom the President shall designate to |
16 | | serve as co-chair, and two members of the Senate appointed |
17 | | by the Minority Leader of the Senate. |
18 | | (b) Two members of the House of Representatives |
19 | | appointed by the Speaker of the House of Representatives, |
20 | | one of whom the Speaker shall designate to serve as |
21 | | co-chair, and two members of the House of Representatives |
22 | | appointed by the Minority Leader of the House of |
23 | | Representatives. |
24 | | (c) The following persons or their designees: |
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1 | | (1)
the Attorney General, |
2 | | (2)
the Chief Judge of the Circuit Court of Cook |
3 | | County, |
4 | | (3)
the Superintendent Director of State Police, |
5 | | (4)
the Superintendent of the Chicago Police |
6 | | Department, |
7 | | (5) the sheriff of Cook County, |
8 | | (6)
the State Appellate Defender, |
9 | | (7)
the Cook County Public Defender, |
10 | | (8)
the Director of the Office of the State's |
11 | | Attorneys Appellate Prosecutor, |
12 | | (9) the Cook County State's Attorney, |
13 | | (10)
the Executive Director of the Criminal |
14 | | Justice Information Authority, |
15 | | (11)
the Director of Corrections, |
16 | | (12) the Director of Juvenile Justice, and |
17 | | (13)
the Executive Director of the Illinois |
18 | | African-American Family Commission.
|
19 | | (d) The co-chairs may name up to 8 persons, |
20 | | representing minority communities within Illinois, groups |
21 | | involved in the improvement of the administration of |
22 | | justice, behavioral health, criminal justice, law |
23 | | enforcement, and the rehabilitation of former inmates, |
24 | | community groups, and other interested parties.
|
25 | | (Source: P.A. 95-995, eff. 6-1-09 .) |
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1 | | Section 85. The Racial and Ethnic Impact Research Task |
2 | | Force Act is amended by changing Section 10 as follows: |
3 | | (20 ILCS 5025/10)
|
4 | | Sec. 10. Racial and Ethnic Impact Research Task Force. |
5 | | There is created the Racial and Ethnic Impact Research Task |
6 | | Force, composed of the following members: |
7 | | (1) Two members of the Senate appointed by the Senate
|
8 | | President, one of whom the President shall designate to
|
9 | | serve as co-chair, and 2 members of the Senate appointed
by |
10 | | the Minority Leader of the Senate. |
11 | | (2) Two members of the House of Representatives
|
12 | | appointed by the Speaker of the House of Representatives,
|
13 | | one of whom the Speaker shall designate to serve as
|
14 | | co-chair, and 2 members of the House of Representatives
|
15 | | appointed by the Minority Leader of the House of
|
16 | | Representatives. |
17 | | (3) The following persons or their designees: |
18 | | (A) the Attorney General, |
19 | | (B) the Chief Judge of the Circuit Court of Cook
|
20 | | County, |
21 | | (C) the Superintendent Director of State Police, |
22 | | (D) the Superintendent of the Chicago Police
|
23 | | Department, |
24 | | (E) the Sheriff of Cook County, |
25 | | (F) the State Appellate Defender, |
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1 | | (G) the Cook County Public Defender, |
2 | | (H) the Director of the Office of the State's
|
3 | | Attorneys Appellate Prosecutor, |
4 | | (I) the Cook County State's Attorney, |
5 | | (J) the Executive Director of the Illinois |
6 | | Criminal
Justice Information Authority, |
7 | | (K) the Director of Corrections, |
8 | | (L) the Director of Juvenile Justice, and |
9 | | (M) the Executive Director of the Illinois
|
10 | | African-American Family Commission. |
11 | | (4) The co-chairs may name up to 8 persons,
|
12 | | representing minority communities within Illinois, groups
|
13 | | involved in the improvement of the administration of
|
14 | | justice, behavioral health, criminal justice, law
|
15 | | enforcement, and the rehabilitation of former inmates,
|
16 | | community groups, and other interested parties.
|
17 | | (Source: P.A. 97-433, eff. 8-16-11.) |
18 | | Section 90. The Human Trafficking Task Force Act is amended |
19 | | by changing Section 5 as follows: |
20 | | (20 ILCS 5085/5) |
21 | | (Section scheduled to be repealed on July 1, 2018)
|
22 | | Sec. 5. Human Trafficking Task Force created.
There is |
23 | | created the Human Trafficking Task Force to address the growing |
24 | | problem of human trafficking across this State. The Human |
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1 | | Trafficking Task Force shall consist of the following persons: |
2 | | (1) three members of the House of Representatives, |
3 | | appointed by the Speaker of the House of Representatives;
|
4 | | (2) three members of the House of Representatives, |
5 | | appointed by the Minority Leader of the House of |
6 | | Representatives;
|
7 | | (3) three members of the Senate, appointed by the |
8 | | President of the Senate; |
9 | | (4) three members of the Senate, appointed by the |
10 | | Minority Leader of the Senate; |
11 | | (5) one representative of the Chicago Regional Human |
12 | | Trafficking Task Force, appointed by the Governor; and |
13 | | (6) the Superintendent Director of the Department of |
14 | | State Police, or his or her designee. |
15 | | Members of the Human Trafficking Task Force shall serve |
16 | | without compensation.
|
17 | | (Source: P.A. 99-864, eff. 8-22-16 .) |
18 | | Section 95. The Law Enforcement Information Task Force Act |
19 | | is amended by changing Section 10 as follows: |
20 | | (20 ILCS 5090/10) |
21 | | (Section scheduled to be repealed on December 31, 2017)
|
22 | | Sec. 10. Members. |
23 | |
(a) The Task Force shall consist of the following members |
24 | | who will not be compensated: |
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1 | | (1) the Director of the Administrative Office of the |
2 | | Illinois Courts, or his or her designee; |
3 | | (2) the Attorney General, or his or her designee; |
4 | | (3) the Superintendent Director of State Police, or his |
5 | | or her designee; |
6 | | (3.5) the Secretary of the Department of Innovation and |
7 | | Technology, or his or her designee; |
8 | | (4) a State's Attorney from a county with more than |
9 | | 3,000,000 residents, or his or her designee; |
10 | | (5) a public defender from a county with more than |
11 | | 3,000,000 residents, or his or her designee; |
12 | | (6) a representative of the Office of the State's |
13 | | Attorneys Appellate Prosecutor; |
14 | | (7) a representative of the Office of the State |
15 | | Appellate Defender; |
16 | | (8) a representative of the Illinois State's Attorneys |
17 | | Association, appointed by the Governor; |
18 | | (9) a representative of the Illinois Public Defender |
19 | | Association, appointed by the Governor; |
20 | | (10) a representative from the Illinois Judges |
21 | | Association, appointed by the Speaker of the House of |
22 | | Representatives; |
23 | | (11) a representative from the Illinois State Bar |
24 | | Association, appointed by the Minority Leader of the House |
25 | | of Representatives; |
26 | | (12) a representative of the Chicago Bar Association, |
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1 | | appointed by the Senate President; |
2 | | (13) a representative from the Illinois Sheriffs' |
3 | | Association, appointed by the Senate Minority Leader; |
4 | | (14) a representative from the Illinois Association of |
5 | | Chiefs of Police, appointed by the Governor; |
6 | | (15) the chief of police from a municipality with more |
7 | | than 1,000,000 residents, or his or her designee; |
8 | | (16) the sheriff from a county with more than 3,000,000 |
9 | | residents, or his or her designee; and |
10 | | (17) the Director of the Illinois Criminal Justice |
11 | | Information Authority, or his or her designee. |
12 | | (b) The Law Enforcement Information Task Force shall be |
13 | | established within the Illinois Criminal Justice Information |
14 | | Authority and the Illinois Criminal Justice Information |
15 | | Authority shall serve as the technology and policy advisor to |
16 | | assist the Task Force. The Illinois Criminal Justice |
17 | | Information Authority shall work with State and local criminal |
18 | | justice agencies to promote information sharing systems |
19 | | through its access to technical expertise and its grant-making |
20 | | powers for technology information projects. The Illinois |
21 | | Criminal Justice Information Authority shall provide staff to |
22 | | serve as a liaison between the Law Enforcement Information Task |
23 | | Force and its stakeholders to provide guidance in criminal |
24 | | justice information sharing, best practices and strategies, |
25 | | and to effectuate the mission of the Task Force. |
26 | | (c) The members of the Task Force shall elect a chair of |
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1 | | the Task Force. The chair of the Task Force shall convene the |
2 | | first meeting of the Task Force on or before August 31, 2016. |
3 | | The Task Force shall meet at least twice a month thereafter |
4 | | until it completes its duties under this Act, or until December |
5 | | 31, 2016, whichever is earlier.
|
6 | | (Source: P.A. 99-874, eff. 8-22-16 .) |
7 | | Section 100. The Protection of Individuals with |
8 | | Disabilities in the Criminal Justice System Task Force Act is |
9 | | amended by changing Section 5 as follows: |
10 | | (20 ILCS 5115/5)
|
11 | | (Section scheduled to be repealed on June 30, 2018) |
12 | | Sec. 5. Protection of Individuals With Disabilities in the |
13 | | Criminal Justice System Task Force; members.
|
14 | | (a) There is created the Protection of Individuals with |
15 | | Disabilities in the Criminal Justice System Task Force ("Task |
16 | | Force") consisting of 24 members, one member appointed by the |
17 | | Attorney General, one liaison of the Office of the Governor and |
18 | | 14 other members appointed by the Governor, 2 circuit judges |
19 | | appointed by the Supreme Court, one member appointed by the |
20 | | State Treasurer, one member appointed by the Guardianship and |
21 | | Advocacy Commission, and 4 members of the General Assembly, one |
22 | | each appointed by the Speaker of the House of Representatives, |
23 | | the Minority Leader of the House of Representatives, the |
24 | | President of the Senate, and the Minority Leader of the Senate. |
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1 | | The appointments shall be made within 90 days after the |
2 | | effective date of this Act. |
3 | | (b) The members shall reflect the racial, ethnic, and |
4 | | geographic diversity and diversity of disabilities of
this |
5 | | State and include: |
6 | | (1) Circuit judges who preside over criminal cases; |
7 | | (2) State's Attorneys; |
8 | | (3) Public Defenders; |
9 | | (4) representatives
of organizations that advocate for |
10 | | persons with developmental and
intellectual disabilities; |
11 | | (5) representatives of organizations that
advocate for |
12 | | persons with physical disabilities; |
13 | | (6) representatives
of organizations that advocate for |
14 | | persons with mental illness; |
15 | | (7)
representatives of organizations that advocate for |
16 | | adolescents and youth; |
17 | | (8) a representative from the Guardianship and |
18 | | Advocacy Commission; |
19 | | (9) sheriffs or their designees; |
20 | | (10) chiefs of municipal police departments or their |
21 | | designees; |
22 | | (11) individuals with disabilities; |
23 | | (12) parents or guardians of individuals with |
24 | | disabilities; |
25 | | (13) community-based providers of
services to persons |
26 | | with disabilities; and |
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1 | | (14) a representative of a service coordination |
2 | | agency. |
3 | | (c) The following State officials shall serve as ex-officio |
4 | | members of the Task Force: |
5 | | (1) a liaison of the Governor's Office; |
6 | | (2) the Attorney General or his or her designee; |
7 | | (3) the Superintendent Director of State Police or his |
8 | | or her designee; |
9 | | (4) the Secretary of Human Services or his or her |
10 | | designee; |
11 | | (5) the Director of Corrections or his or her designee; |
12 | | (6) the Director of Juvenile Justice or his or her |
13 | | designee; |
14 | | (7) the Director of the Guardianship and Advocacy |
15 | | Commission or his or her designee; |
16 | | (8) the Director of the Illinois Criminal Justice |
17 | | Information Authority or his or her designee; and |
18 | | (9) the State Treasurer or his or her designee. |
19 | | (d) The members of the Task Force shall serve without |
20 | | compensation. |
21 | | (e) The Task Force members shall elect one of the appointed |
22 | | members to serve as a co-chair of the Task Force at the first |
23 | | meeting of the Task Force. The other co-chair shall be the |
24 | | liaison of the Governor's Office. |
25 | | (f) The Guardianship and Advocacy Commission shall provide |
26 | | administrative and other support to the Task Force.
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1 | | (Source: P.A. 100-481, eff. 9-8-17.) |
2 | | Section 105. The Legislative Reference Bureau Act is |
3 | | amended by changing Section 5.04 as follows:
|
4 | | (25 ILCS 135/5.04) (from Ch. 63, par. 29.4)
|
5 | | Sec. 5.04. Codification and revision of statutes.
|
6 | | (a) As soon as possible after the effective date of this |
7 | | amendatory
Act of 1992, the Legislative Reference Bureau shall |
8 | | file with the Index
Division of the Office of the Secretary of |
9 | | State, the General Assembly, the
Governor, and the Supreme |
10 | | Court a compilation of the general Acts of
Illinois. At that |
11 | | time and at any other time the Legislative Reference
Bureau may |
12 | | file with the Index Division of the Office of the Secretary of
|
13 | | State cross-reference tables comparing the compilation and the |
14 | | Illinois
Revised Statutes. The Legislative Reference Bureau |
15 | | shall provide copies of
the documents that are filed to each |
16 | | individual or entity that delivers a
written request for copies |
17 | | to the Legislative Reference Bureau; the
Legislative Reference |
18 | | Bureau, by
resolution, may establish and charge a reasonable |
19 | | fee for providing copies.
The compilation shall take effect on |
20 | | January 1, 1993. The compilation shall
be cited as the |
21 | | "Illinois Compiled Statutes" or as "ILCS". The Illinois
|
22 | | Compiled Statutes, including the statutes themselves and the |
23 | | organizational
and numbering scheme, shall be an official |
24 | | compilation of the general Acts
of Illinois and shall be |
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1 | | entirely in the public domain for purposes of
federal copyright |
2 | | law.
|
3 | | (b) The compilation document that is filed under subsection |
4 | | (a) shall
divide the general Acts into major topic areas and |
5 | | into chapters within
those areas; the document shall list the |
6 | | general Acts by title or short
title, but need not contain the |
7 | | text of the statutes or specify individual
Sections of Acts. |
8 | | Chapters shall be numbered. Each Act shall be
assigned to a |
9 | | chapter and shall be ordered within that chapter. An Act
prefix |
10 | | number shall be designated for each Act within each chapter.
|
11 | | Chapters may be divided into subheadings. Citation to a section
|
12 | | of ILCS shall be in the form "X ILCS Y/Z(A)", where X is the |
13 | | chapter
number, Y is the Act prefix number, Z is the Section |
14 | | number of the Act, Y/Z
is the section number in the chapter of |
15 | | ILCS, and A is the year of
publication, if applicable.
|
16 | | (c) The Legislative Reference Bureau shall make additions, |
17 | | deletions,
and changes to the organizational or numbering |
18 | | scheme of the Illinois
Compiled Statutes by filing appropriate |
19 | | documents with the Index Division
of the Office of the |
20 | | Secretary of State. The Legislative Reference Bureau
shall also |
21 | | provide copies of the documents that are filed to each
|
22 | | individual or entity that delivers a written request for copies |
23 | | to the
Legislative Reference Bureau; the Legislative Reference |
24 | | Bureau, by
resolution, may establish and charge a reasonable |
25 | | fee for providing copies.
The additions, deletions, and changes |
26 | | to the organizational or numbering
scheme of the Illinois |
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1 | | Compiled Statutes shall take effect 30 days after
filing with |
2 | | the Index Division.
|
3 | | (d) Omission of an effective Act or Section of an Act from |
4 | | ILCS does not
alter the effectiveness of that Act or Section. |
5 | | Inclusion of a repealed
Act or Section of an Act in ILCS does |
6 | | not affect the repeal of that Act or Section.
|
7 | | (e) In order to allow for an efficient transition to the |
8 | | organizational
and numbering scheme of the Illinois Compiled |
9 | | Statutes, the State, units of
local government, school |
10 | | districts, and other governmental entities may,
for a |
11 | | reasonable period of time, continue to use forms, computer |
12 | | software,
systems, and data, published rules, and any other |
13 | | electronically stored
information and printed documents that |
14 | | contain references to the Illinois
Revised Statutes.
However, |
15 | | reports of criminal, traffic, and other offenses and violations
|
16 | | that are part of a state-wide reporting system shall continue |
17 | | to be made by
reference to the Illinois Revised Statutes until |
18 | | July 1, 1994, and on and
after that date shall be made by |
19 | | reference to the Illinois Compiled
Statutes, except that an |
20 | | earlier conversion date may be established
by agreement among |
21 | | all of the following: the Supreme Court, the Secretary
of |
22 | | State, the Superintendent Director of State Police, the Circuit |
23 | | Clerk of Cook County,
and the Circuit Clerk of DuPage County, |
24 | | or the designee of
each. References to the Illinois Revised |
25 | | Statutes
are deemed to be references to the
corresponding |
26 | | provisions of the Illinois Compiled Statutes.
|
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1 | | (f) The Legislative Reference Bureau, with the assistance |
2 | | of the Legislative
Information System, shall make its |
3 | | electronically stored database of the
statutes and the |
4 | | compilation available in an electronically stored medium to
|
5 | | those who request it; the Legislative Reference Bureau, by |
6 | | resolution,
shall establish and charge a reasonable fee for |
7 | | providing the information.
|
8 | | (g) Amounts received under this Section shall be
deposited |
9 | | into the General Assembly Computer Equipment Revolving
Fund.
|
10 | | (h) The Legislative Reference Bureau shall select subjects |
11 | | and chapters of
the statutory law that
it considers most in |
12 | | need of a revision and present
to the next regular session of |
13 | | the General Assembly bills covering
those revisions. In |
14 | | connection with those
revisions, the Legislative Reference |
15 | | Bureau has full authority and responsibility
to recommend the |
16 | | revision,
simplification, and rearrangement of existing |
17 | | statutory law and the
elimination from that law of obsolete, |
18 | | superseded,
duplicated, and unconstitutional statutes or parts |
19 | | of statutes, but
shall make no other changes in the substance |
20 | | of existing statutes, except
to the extent those changes in |
21 | | substance are necessary for coherent
revision, simplification, |
22 | | rearrangement, or elimination.
Revisions reported to the |
23 | | General Assembly may be accompanied by
explanatory statements |
24 | | of changes in existing statutes or parts of statutes
that those |
25 | | revisions, if enacted, would effect.
|
26 | | (Source: P.A. 86-523; 87-1005.)
|
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1 | | Section 110. The State Finance Act is amended by changing |
2 | | Section 6z-82 as follows: |
3 | | (30 ILCS 105/6z-82) |
4 | | Sec. 6z-82. State Police Operations Assistance Fund. |
5 | | (a) There is created in the State treasury a special fund |
6 | | known as the State Police Operations Assistance Fund. The Fund |
7 | | shall receive revenue pursuant to Section 27.3a of the Clerks |
8 | | of Courts Act. The Fund may also receive revenue from grants, |
9 | | donations, appropriations, and any other legal source. |
10 | | (b) The Department of State Police may use moneys in the |
11 | | Fund to finance any of its lawful purposes or functions. |
12 | | (c) Expenditures may be made from the Fund only as |
13 | | appropriated by the General Assembly by law. |
14 | | (d) Investment income that is attributable to the |
15 | | investment of moneys in the Fund shall be retained in the Fund |
16 | | for the uses specified in this Section. |
17 | | (e) The State Police Operations Assistance Fund shall not |
18 | | be subject to administrative chargebacks.
|
19 | | (f) Notwithstanding any other provision of State law to the |
20 | | contrary, on or after July 1, 2012, and until June 30, 2013, in |
21 | | addition to any other transfers that may be provided for by |
22 | | law, at the direction of and upon notification from the |
23 | | Superintendent Director of State Police, the State Comptroller |
24 | | shall direct and the State Treasurer shall transfer amounts |
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1 | | into the State Police Operations Assistance Fund from the |
2 | | designated funds not exceeding the following totals: |
3 | | State Police Vehicle Fund .....................$2,250,000 |
4 | | State Police Wireless Service |
5 | | Emergency Fund ............................$2,500,000 |
6 | | State Police Services Fund ....................$3,500,000 |
7 | | (Source: P.A. 96-1029, eff. 7-13-10; 97-333, eff. 8-12-11; |
8 | | 97-732, eff. 6-30-12.) |
9 | | Section 115. The State Officers and Employees Money |
10 | | Disposition Act is amended by changing Section 2 as follows:
|
11 | | (30 ILCS 230/2) (from Ch. 127, par. 171)
|
12 | | Sec. 2. Accounts of money received; payment into State |
13 | | treasury.
|
14 | | (a) Every officer, board, commission, commissioner, |
15 | | department,
institution, arm or agency brought within the |
16 | | provisions of this Act by
Section 1 shall keep in proper books |
17 | | a detailed itemized account
of all moneys received for or on |
18 | | behalf of the State of Illinois, showing
the date
of receipt, |
19 | | the payor, and purpose and amount, and the date and manner
of |
20 | | disbursement as hereinafter provided, and, unless a different |
21 | | time of
payment is expressly provided by law or by rules or |
22 | | regulations promulgated
under subsection (b) of this Section, |
23 | | shall pay into the State treasury
the gross amount of money so |
24 | | received on the day of actual physical
receipt with respect to |
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1 | | any single item of receipt exceeding $10,000,
within 24 hours |
2 | | of actual physical receipt with respect to an accumulation
of |
3 | | receipts of $10,000 or more, or within 48 hours of actual |
4 | | physical
receipt with respect to an accumulation of receipts |
5 | | exceeding $500 but less
than $10,000, disregarding holidays, |
6 | | Saturdays and Sundays, after the receipt
of same, without any |
7 | | deduction on account of salaries, fees, costs, charges,
|
8 | | expenses or claims of any description whatever; provided that:
|
9 | | (1) the provisions of (i) Section 2505-475 of the
|
10 | | Department
of Revenue Law (20 ILCS 2505/2505-475), (ii) any |
11 | | specific taxing statute
authorizing a claim for
credit |
12 | | procedure instead of the actual making of refunds, (iii) |
13 | | Section 505 of
the Illinois Controlled Substances
Act, (iv) |
14 | | Section 85 of the Methamphetamine Control and Community |
15 | | Protection Act, authorizing the Superintendent Director of
|
16 | | State Police to dispose of forfeited property, which |
17 | | includes the sale and
disposition of the proceeds of the |
18 | | sale of forfeited property, and the
Department of Central |
19 | | Management Services to be reimbursed for costs incurred
|
20 | | with the sales of forfeited vehicles, boats or aircraft and |
21 | | to pay to bona fide
or innocent purchasers, conditional |
22 | | sales vendors or mortgagees of such
vehicles, boats or |
23 | | aircraft their interest in such vehicles, boats or |
24 | | aircraft,
and (v)
Section 6b-2 of the State Finance Act,
|
25 | | establishing procedures for handling cash receipts from |
26 | | the sale of pari-mutuel
wagering tickets, shall not be |
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1 | | deemed to be in conflict with the requirements
of this |
2 | | Section;
|
3 | | (2) any fees received by the State
Registrar of Vital |
4 | | Records pursuant to the Vital Records Act which are
|
5 | | insufficient in amount may be returned by the Registrar as |
6 | | provided in that
Act;
|
7 | | (3) any fees received by the Department of
Public |
8 | | Health under the Food Handling Regulation Enforcement Act |
9 | | that are
submitted for renewal of an expired food service |
10 | | sanitation manager certificate
may be returned by the |
11 | | Director as provided in that Act;
|
12 | | (3.5) the State Treasurer may permit the deduction of |
13 | | fees by
third-party unclaimed property examiners from the |
14 | | property recovered by the
examiners for the State of |
15 | | Illinois during examinations of holders located
outside |
16 | | the State under which the Office of the Treasurer has |
17 | | agreed to pay for
the examinations based upon a percentage, |
18 | | in
accordance with the Revised Uniform Unclaimed Property |
19 | | Act, of the property
recovered during the
examination; and
|
20 | | (4) if the amount of money received
does not exceed |
21 | | $500, such money may be retained and need not be paid
into |
22 | | the State treasury until the total amount of money so |
23 | | received
exceeds $500, or until the next succeeding 1st or |
24 | | 15th day of each month
(or until the next business day if |
25 | | these days fall on Sunday or a
holiday), whichever is |
26 | | earlier, at which earlier time such money shall
be paid |
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1 | | into the State treasury, except that if a local bank or |
2 | | savings
and loan association account has been authorized by |
3 | | law, any balances shall
be paid into the State treasury on |
4 | | Monday of each week if more than $500
is to be deposited in |
5 | | any fund.
|
6 | | Single items of receipt exceeding $10,000 received after 2 p.m. |
7 | | on a working
day may be deemed to have been received on the |
8 | | next working day for purposes of
fulfilling the requirement |
9 | | that the item be deposited on the day of actual
physical |
10 | | receipt.
|
11 | | No money belonging to or left for the use of the State |
12 | | shall be expended or
applied except in consequence of an |
13 | | appropriation made by law and upon the
warrant of the State |
14 | | Comptroller. However, payments made by the Comptroller
to |
15 | | persons by direct deposit need not be made upon the warrant of |
16 | | the
Comptroller, but if not made upon a warrant, shall be made |
17 | | in accordance
with Section 9.02 of the State Comptroller Act. |
18 | | All moneys so paid
into the State treasury shall, unless |
19 | | required by some statute to be held in
the State treasury in a |
20 | | separate or special fund, be covered into the General
Revenue |
21 | | Fund in the State treasury. Moneys received
in the form of |
22 | | checks, drafts or similar instruments shall be properly
|
23 | | endorsed, if necessary, and delivered to the State Treasurer |
24 | | for
collection. The State Treasurer shall remit such collected |
25 | | funds to the
depositing officer, board, commission, |
26 | | commissioner, department,
institution, arm or agency by |
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1 | | Treasurers Draft or through electronic funds
transfer. The |
2 | | draft or notification of the electronic funds
transfer shall be |
3 | | provided to the State Comptroller to allow deposit into
the |
4 | | appropriate fund.
|
5 | | (b) Different time periods for the payment of public funds |
6 | | into the State
treasury or to the State Treasurer, in excess of |
7 | | the periods established
in subsection (a) of this Section, but |
8 | | not in excess of 30 days after receipt
of such funds, may be |
9 | | established and revised from time to time by rules or
|
10 | | regulations promulgated jointly by the State Treasurer and the |
11 | | State
Comptroller in accordance with the Illinois |
12 | | Administrative
Procedure Act. The different
time periods |
13 | | established by rule or regulation under this subsection may |
14 | | vary
according to the nature and amounts of the funds received, |
15 | | the locations at
which the funds are received, whether |
16 | | compliance with the deposit requirements
specified in |
17 | | subsection (a) of this Section would be cost effective, and |
18 | | such
other circumstances and conditions as the promulgating |
19 | | authorities consider to
be appropriate. The Treasurer and the |
20 | | Comptroller shall review all such
different time
periods |
21 | | established pursuant to this subsection every 2 years from the
|
22 | | establishment thereof and upon such review, unless it is |
23 | | determined that it
is economically unfeasible for the agency to |
24 | | comply with the provisions of
subsection (a), shall repeal such |
25 | | different time period.
|
26 | | (Source: P.A. 100-22, eff. 1-1-18 .)
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1 | | Section 120. The Intergovernmental Drug Laws Enforcement |
2 | | Act is amended by changing Sections 2.01, 4, 5, 5.1, and 6 as |
3 | | follows:
|
4 | | (30 ILCS 715/2.01) (from Ch. 56 1/2, par. 1702.01)
|
5 | | Sec. 2.01.
"Department" means the Department of State |
6 | | Police and "Superintendent"
"Director" means the |
7 | | Superintendent Director of State Police.
|
8 | | (Source: P.A. 84-25.)
|
9 | | (30 ILCS 715/4) (from Ch. 56 1/2, par. 1704)
|
10 | | Sec. 4.
The Department of State Police shall monitor the
|
11 | | operations of all MEG units and determine their eligibility to |
12 | | receive
State grants under this Act. From the moneys |
13 | | appropriated annually by
the General Assembly for this purpose, |
14 | | the Superintendent Director shall determine and
certify to the |
15 | | Comptroller the amount of the grant to be made to each
|
16 | | designated MEG financial officer. The amount of the State grant |
17 | | which a
MEG may receive hereunder may not exceed 50% of the |
18 | | total operating
budget of that MEG.
|
19 | | (Source: P.A. 84-25.)
|
20 | | (30 ILCS 715/5) (from Ch. 56 1/2, par. 1705)
|
21 | | Sec. 5.
The Department of State Police shall coordinate the
|
22 | | operations of all MEG units and may establish such reasonable |
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1 | | rules and
regulations and conduct those investigations the |
2 | | Superintendent Director deems
necessary to carry out its duties |
3 | | under this Act, including the
establishment of forms for |
4 | | reporting by each MEG to the Department.
|
5 | | (Source: P.A. 84-25.)
|
6 | | (30 ILCS 715/5.1) (from Ch. 56 1/2, par. 1705.1)
|
7 | | Sec. 5.1.
The Superintendent Director may assign the |
8 | | functions and duties created
under this Act to be administered |
9 | | by the Department of State Police,
Division of Investigation.
|
10 | | (Source: P.A. 84-25.)
|
11 | | (30 ILCS 715/6) (from Ch. 56 1/2, par. 1706)
|
12 | | Sec. 6.
The Superintendent Director shall report annually, |
13 | | no later than February
1, to the Governor and the General |
14 | | Assembly on the operations of the
Metropolitan Enforcement |
15 | | Groups, including a breakdown of the
appropriation for the |
16 | | current fiscal year indicating the amount of the
State grant |
17 | | each MEG received or will receive.
|
18 | | The requirement for reporting to the General Assembly shall |
19 | | be satisfied
by filing copies of the report with the Speaker, |
20 | | the Minority Leader and
the Clerk of the House of |
21 | | Representatives and the President, the Minority
Leader and the |
22 | | Secretary of the Senate and the Legislative Research
Unit, as |
23 | | required
by Section 3.1 of "An Act to revise the law in |
24 | | relation to the General Assembly",
approved February 25, 1874, |
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1 | | as amended, and filing such additional copies
with the State |
2 | | Government
Report Distribution Center for the General Assembly |
3 | | as is required under
paragraph (t) of Section 7 of the State |
4 | | Library Act.
|
5 | | (Source: P.A. 84-1438.)
|
6 | | Section 125. The Illinois Pension Code is amended by |
7 | | changing Sections 14-103.10, 14-108.4, 14-110, and 14-111 and |
8 | | by adding Section 14-155.1 as follows:
|
9 | | (40 ILCS 5/14-103.10) (from Ch. 108 1/2, par. 14-103.10)
|
10 | | (Text of Section WITHOUT the changes made by P.A. 98-599, |
11 | | which has been
held unconstitutional)
|
12 | | Sec. 14-103.10. Compensation.
|
13 | | (a) For periods of service prior to January 1, 1978, the |
14 | | full rate of salary
or wages payable to an employee for |
15 | | personal services performed if he worked
the full normal |
16 | | working period for his position, subject to the following
|
17 | | maximum amounts: (1) prior to July 1, 1951, $400 per month or |
18 | | $4,800 per year;
(2) between July 1, 1951 and June 30, 1957 |
19 | | inclusive, $625 per month or $7,500
per year; (3) beginning |
20 | | July 1, 1957, no limitation.
|
21 | | In the case of service of an employee in a position |
22 | | involving
part-time employment, compensation shall be |
23 | | determined according to the
employees' earnings record.
|
24 | | (b) For periods of service on and after January 1, 1978, |
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1 | | all
remuneration for personal services performed defined as |
2 | | "wages" under
the Social Security Enabling Act, including that |
3 | | part of such
remuneration which is in excess of any maximum |
4 | | limitation provided in
such Act, and including any benefits |
5 | | received by an employee under a sick
pay plan in effect before |
6 | | January 1, 1981, but excluding lump sum salary
payments:
|
7 | | (1) for vacation,
|
8 | | (2) for accumulated unused sick leave,
|
9 | | (3) upon discharge or dismissal,
|
10 | | (4) for approved holidays.
|
11 | | (c) For periods of service on or after December 16, 1978, |
12 | | compensation
also includes any benefits, other than lump sum |
13 | | salary payments made at
termination of employment, which an |
14 | | employee receives or is eligible to
receive under a sick pay |
15 | | plan authorized by law.
|
16 | | (d) For periods of service after September 30, 1985, |
17 | | compensation also
includes any remuneration for personal |
18 | | services not included as "wages"
under the Social Security |
19 | | Enabling Act, which is deducted for purposes of
participation |
20 | | in a program established pursuant to Section 125 of the
|
21 | | Internal Revenue Code or its successor laws.
|
22 | | (e) For members for which Section 1-160 applies for periods |
23 | | of service on and after January 1, 2011, all remuneration for |
24 | | personal services performed defined as "wages" under the Social |
25 | | Security Enabling Act, excluding remuneration that is in excess |
26 | | of the annual earnings, salary, or wages of a member or |
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1 | | participant, as provided in subsection (b-5) of Section 1-160, |
2 | | but including any benefits received by an employee under a sick |
3 | | pay plan in effect before January 1, 1981.
Compensation shall |
4 | | exclude lump sum salary payments: |
5 | | (1) for vacation; |
6 | | (2) for accumulated unused sick leave; |
7 | | (3) upon discharge or dismissal; and |
8 | | (4) for approved holidays. |
9 | | (f) Notwithstanding the other provisions of this Section, |
10 | | for service on or after July 1, 2013, "compensation"
does not |
11 | | include any stipend payable to an employee for service on a |
12 | | board or commission. |
13 | | (g) Notwithstanding the other provisions of this Section, |
14 | | except for the purposes of determining the contributions |
15 | | required under Section 14-155.1, "compensation" does not |
16 | | include payments that would qualify as "compensation", but for |
17 | | the fact that the payments were made to a Superintendent of |
18 | | State Police who receives a retirement annuity while serving in |
19 | | that capacity. |
20 | | (Source: P.A. 98-449, eff. 8-16-13.)
|
21 | | (40 ILCS 5/14-108.4) (from Ch. 108 1/2, par. 14-108.4)
|
22 | | Sec. 14-108.4. State police early retirement incentives.
|
23 | | (a) To be eligible for the benefits provided in this |
24 | | Section, a person must:
|
25 | | (1) be a member of this System who, on any day during |
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1 | | October, 1992, is in
active payroll status in a position of |
2 | | employment with the Department of State
Police for which |
3 | | eligible creditable service is being earned under Section
|
4 | | 14-110;
|
5 | | (2) have not previously retired under this Article;
|
6 | | (3) file a written application requesting the benefits |
7 | | provided in
this Section with the Superintendent Director |
8 | | of State Police and the Board on or before
January 20, |
9 | | 1993;
|
10 | | (4) establish eligibility to receive a retirement |
11 | | annuity under
Section 14-110 by January 31, 1993 (for which |
12 | | purpose any age enhancement or
creditable service received |
13 | | under this Section may be used) and elect to
receive the |
14 | | retirement annuity beginning not earlier than January 1, |
15 | | 1993
and not later than February 1, 1993, except that with |
16 | | the written permission
of the Superintendent Director of |
17 | | State Police, the effective date of the retirement
annuity |
18 | | may be postponed to no later than July 1, 1993.
|
19 | | (b) An eligible person may establish up to 5 years of |
20 | | creditable service
under this Article, in increments of one |
21 | | month, by making the contributions
specified in subsection (c). |
22 | | In addition, for each month of creditable
service established |
23 | | under this Section, a person's age at retirement shall
be |
24 | | deemed to be one month older than it actually is.
|
25 | | The creditable service established under this Section |
26 | | shall be deemed
eligible creditable service as defined in |
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1 | | Section 14-110, and may be used
for all purposes under this |
2 | | Article and the Retirement Systems Reciprocal
Act, except for |
3 | | the computation of final average compensation under Section
|
4 | | 14-103.12, or the determination of compensation under this or |
5 | | any other
Article of this Code.
|
6 | | The age enhancement established under this Section may be |
7 | | used for all
purposes under this Article (including calculation |
8 | | of a proportionate
annuity payable by this System under the |
9 | | Retirement Systems Reciprocal
Act), except for purposes of the |
10 | | level income option in Section 14-112, the
reversionary annuity |
11 | | under Section 14-113, and the required distributions
under |
12 | | Section 14-121.1. However, age enhancement established under |
13 | | this
Section shall not be used in determining benefits payable |
14 | | under other
Articles of this Code under the Retirement Systems |
15 | | Reciprocal Act.
|
16 | | (c) For all creditable service established under this |
17 | | Section, a person
must pay to the System an employee |
18 | | contribution to be determined by the
System, based on the |
19 | | member's final rate of compensation and one-half of
the total |
20 | | retirement contribution rate in effect for the member under
|
21 | | subdivision (a)(3) of Section 14-133 on the date of withdrawal.
|
22 | | If the member receives a lump sum payment for accumulated |
23 | | vacation, sick
leave and personal leave upon withdrawal from |
24 | | service, and the net amount
of that lump sum payment is at |
25 | | least as great as the amount of the
contribution required under |
26 | | this Section, the entire contribution (or so
much of it as does |
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1 | | not exceed the contribution limitations of Section 415
of the |
2 | | Internal Revenue Code of 1986) must be paid by the employee |
3 | | before
the retirement annuity may become payable. If there is |
4 | | no such lump sum
payment, or if it is less than the |
5 | | contribution required under this
Section, the member may either |
6 | | pay the entire contribution before the
retirement annuity |
7 | | becomes payable, or may instead make an initial payment
before |
8 | | the retirement annuity becomes payable, equal to the net amount |
9 | | of
the lump sum payment for accumulated vacation, sick leave |
10 | | and personal
leave (or so much of it as does not exceed the |
11 | | contribution limitations of
Section 415 of the Internal Revenue |
12 | | Code of 1986), and have the remaining
amount due deducted from |
13 | | the retirement annuity in 24 equal monthly
installments |
14 | | beginning in the month in which the retirement annuity takes
|
15 | | effect.
|
16 | | However, if the net amount of the lump sum payment for |
17 | | accumulated
vacation, sick leave and personal leave equals or |
18 | | exceeds the contribution
required under this Section, but the |
19 | | required contribution exceeds an
applicable contribution |
20 | | limitation contained in Section 415 of the Internal
Revenue |
21 | | Code of 1986, then the amount of the contribution in excess of |
22 | | the
Section 415 limitation shall instead be paid by the |
23 | | annuitant in January of
1994. If this additional amount is not |
24 | | paid as required, the retirement
annuity shall be suspended |
25 | | until the required contribution is received.
|
26 | | (d) Notwithstanding Section 14-111, an annuitant who has |
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1 | | received any
age enhancement or creditable service under this |
2 | | Section and who reenters
service under this Article other than |
3 | | as a temporary employee shall thereby
forfeit such age |
4 | | enhancement and creditable service, and become entitled to
a |
5 | | refund of the contributions made pursuant to this Section.
|
6 | | (e) The Board shall determine the unfunded accrued |
7 | | liability
created by the granting of early retirement benefits |
8 | | to State policemen
under this Section, and shall certify the |
9 | | amount of that liability to the
Department of State Police, the |
10 | | State Comptroller, the State Treasurer, and
the
Bureau of the |
11 | | Budget
(now Governor's Office of Management and Budget)
by June |
12 | | 1, 1993, or as soon thereafter as is
practical. In addition to |
13 | | any other payments to the System required under
this Code, the |
14 | | Department of State Police shall pay to the System the
amount |
15 | | of that unfunded accrued liability, out of funds appropriated |
16 | | to the
Department for that purpose, over a period of 7 years at |
17 | | the rate of 14.3%
of the certified amount per year, plus |
18 | | interest on the unpaid balance at
the actuarial rate as |
19 | | calculated and certified annually by the Board.
Beginning in |
20 | | State fiscal year 1996, the liability created under this
|
21 | | subsection (e) shall be included in the calculation of the |
22 | | required State
contribution under Section 14-131 and no |
23 | | additional payments need be made under
this subsection.
|
24 | | (Source: P.A. 94-793, eff. 5-19-06.)
|
25 | | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
|
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1 | | Sec. 14-110. Alternative retirement annuity.
|
2 | | (a) Any member who has withdrawn from service with not less |
3 | | than 20
years of eligible creditable service and has attained |
4 | | age 55, and any
member who has withdrawn from service with not |
5 | | less than 25 years of
eligible creditable service and has |
6 | | attained age 50, regardless of whether
the attainment of either |
7 | | of the specified ages occurs while the member is
still in |
8 | | service, shall be entitled to receive at the option of the |
9 | | member,
in lieu of the regular or minimum retirement annuity, a |
10 | | retirement annuity
computed as follows:
|
11 | | (i) for periods of service as a noncovered employee:
if |
12 | | retirement occurs on or after January 1, 2001, 3% of final
|
13 | | average compensation for each year of creditable service; |
14 | | if retirement occurs
before January 1, 2001, 2 1/4% of |
15 | | final average compensation for each of the
first 10 years |
16 | | of creditable service, 2 1/2% for each year above 10 years |
17 | | to
and including 20 years of creditable service, and 2 3/4% |
18 | | for each year of
creditable service above 20 years; and
|
19 | | (ii) for periods of eligible creditable service as a |
20 | | covered employee:
if retirement occurs on or after January |
21 | | 1, 2001, 2.5% of final average
compensation for each year |
22 | | of creditable service; if retirement occurs before
January |
23 | | 1, 2001, 1.67% of final average compensation for each of |
24 | | the first
10 years of such service, 1.90% for each of the |
25 | | next 10 years of such service,
2.10% for each year of such |
26 | | service in excess of 20 but not exceeding 30, and
2.30% for |
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1 | | each year in excess of 30.
|
2 | | Such annuity shall be subject to a maximum of 75% of final |
3 | | average
compensation if retirement occurs before January 1, |
4 | | 2001 or to a maximum
of 80% of final average compensation if |
5 | | retirement occurs on or after January
1, 2001.
|
6 | | These rates shall not be applicable to any service |
7 | | performed
by a member as a covered employee which is not |
8 | | eligible creditable service.
Service as a covered employee |
9 | | which is not eligible creditable service
shall be subject to |
10 | | the rates and provisions of Section 14-108.
|
11 | | (b) For the purpose of this Section, "eligible creditable |
12 | | service" means
creditable service resulting from service in one |
13 | | or more of the following
positions:
|
14 | | (1) State policeman;
|
15 | | (2) fire fighter in the fire protection service of a |
16 | | department;
|
17 | | (3) air pilot;
|
18 | | (4) special agent;
|
19 | | (5) investigator for the Secretary of State;
|
20 | | (6) conservation police officer;
|
21 | | (7) investigator for the Department of Revenue or the |
22 | | Illinois Gaming Board;
|
23 | | (8) security employee of the Department of Human |
24 | | Services;
|
25 | | (9) Central Management Services security police |
26 | | officer;
|
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1 | | (10) security employee of the Department of |
2 | | Corrections or the Department of Juvenile Justice;
|
3 | | (11) dangerous drugs investigator;
|
4 | | (12) investigator for the Department of State Police;
|
5 | | (13) investigator for the Office of the Attorney |
6 | | General;
|
7 | | (14) controlled substance inspector;
|
8 | | (15) investigator for the Office of the State's |
9 | | Attorneys Appellate
Prosecutor;
|
10 | | (16) Commerce Commission police officer;
|
11 | | (17) arson investigator;
|
12 | | (18) State highway maintenance worker.
|
13 | | A person employed in one of the positions specified in this |
14 | | subsection is
entitled to eligible creditable service for |
15 | | service credit earned under this
Article while undergoing the |
16 | | basic police training course approved by the
Illinois Law |
17 | | Enforcement Training
Standards Board, if
completion of that |
18 | | training is required of persons serving in that position.
For |
19 | | the purposes of this Code, service during the required basic |
20 | | police
training course shall be deemed performance of the |
21 | | duties of the specified
position, even though the person is not |
22 | | a sworn peace officer at the time of
the training.
|
23 | | (c) For the purposes of this Section:
|
24 | | (1) The term "State policeman" includes any title or |
25 | | position
in the Department of State Police that is held by |
26 | | an individual employed
under the State Police Act. The term |
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1 | | "State policeman" does not include the Superintendent of |
2 | | State Police if that individual receives a retirement |
3 | | annuity while serving as the Superintendent of State |
4 | | Police.
|
5 | | (2) The term "fire fighter in the fire protection |
6 | | service of a
department" includes all officers in such fire |
7 | | protection service
including fire chiefs and assistant |
8 | | fire chiefs.
|
9 | | (3) The term "air pilot" includes any employee whose |
10 | | official job
description on file in the Department of |
11 | | Central Management Services, or
in the department by which |
12 | | he is employed if that department is not covered
by the |
13 | | Personnel Code, states that his principal duty is the |
14 | | operation of
aircraft, and who possesses a pilot's license; |
15 | | however, the change in this
definition made by this |
16 | | amendatory Act of 1983 shall not operate to exclude
any |
17 | | noncovered employee who was an "air pilot" for the purposes |
18 | | of this
Section on January 1, 1984.
|
19 | | (4) The term "special agent" means any person who by |
20 | | reason of
employment by the Division of Narcotic Control, |
21 | | the Bureau of Investigation
or, after July 1, 1977, the |
22 | | Division of Criminal Investigation, the
Division of |
23 | | Internal Investigation, the Division of Operations, or any
|
24 | | other Division or organizational
entity in the Department |
25 | | of State Police is vested by law with duties to
maintain |
26 | | public order, investigate violations of the criminal law of |
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1 | | this
State, enforce the laws of this State, make arrests |
2 | | and recover property.
The term "special agent" includes any |
3 | | title or position in the Department
of State Police that is |
4 | | held by an individual employed under the State
Police Act.
|
5 | | (5) The term "investigator for the Secretary of State" |
6 | | means any person
employed by the Office of the Secretary of |
7 | | State and vested with such
investigative duties as render |
8 | | him ineligible for coverage under the Social
Security Act |
9 | | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and |
10 | | 218(l)(1)
of that Act.
|
11 | | A person who became employed as an investigator for the |
12 | | Secretary of
State between January 1, 1967 and December 31, |
13 | | 1975, and who has served as
such until attainment of age |
14 | | 60, either continuously or with a single break
in service |
15 | | of not more than 3 years duration, which break terminated |
16 | | before
January 1, 1976, shall be entitled to have his |
17 | | retirement annuity
calculated in accordance with |
18 | | subsection (a), notwithstanding
that he has less than 20 |
19 | | years of credit for such service.
|
20 | | (6) The term "Conservation Police Officer" means any |
21 | | person employed
by the Division of Law Enforcement of the |
22 | | Department of Natural Resources and
vested with such law |
23 | | enforcement duties as render him ineligible for coverage
|
24 | | under the Social Security Act by reason of Sections |
25 | | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The |
26 | | term "Conservation Police Officer" includes
the positions |
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1 | | of Chief Conservation Police Administrator and Assistant
|
2 | | Conservation Police Administrator.
|
3 | | (7) The term "investigator for the Department of |
4 | | Revenue" means any
person employed by the Department of |
5 | | Revenue and vested with such
investigative duties as render |
6 | | him ineligible for coverage under the Social
Security Act |
7 | | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and |
8 | | 218(l)(1)
of that Act.
|
9 | | The term "investigator for the Illinois Gaming Board" |
10 | | means any
person employed as such by the Illinois Gaming |
11 | | Board and vested with such
peace officer duties as render |
12 | | the person ineligible for coverage under the Social
|
13 | | Security Act by reason of Sections 218(d)(5)(A), |
14 | | 218(d)(8)(D), and 218(l)(1)
of that Act.
|
15 | | (8) The term "security employee of the Department of |
16 | | Human Services"
means any person employed by the Department |
17 | | of Human Services who (i) is
employed at the Chester Mental |
18 | | Health Center and has daily contact with the
residents |
19 | | thereof, (ii) is employed within a security unit at a |
20 | | facility
operated by the Department and has daily contact |
21 | | with the residents of the
security unit, (iii) is employed |
22 | | at a facility operated by the Department
that includes a |
23 | | security unit and is regularly scheduled to work at least
|
24 | | 50% of his or her working hours within that security unit, |
25 | | or (iv) is a mental health police officer.
"Mental health |
26 | | police officer" means any person employed by the Department |
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1 | | of
Human Services in a position pertaining to the |
2 | | Department's mental health and
developmental disabilities |
3 | | functions who is vested with such law enforcement
duties as |
4 | | render the person ineligible for coverage under the Social |
5 | | Security
Act by reason of Sections 218(d)(5)(A), |
6 | | 218(d)(8)(D) and 218(l)(1) of that
Act. "Security unit" |
7 | | means that portion of a facility that is devoted to
the |
8 | | care, containment, and treatment of persons committed to |
9 | | the Department of
Human Services as sexually violent |
10 | | persons, persons unfit to stand trial, or
persons not |
11 | | guilty by reason of insanity. With respect to past |
12 | | employment,
references to the Department of Human Services |
13 | | include its predecessor, the
Department of Mental Health |
14 | | and Developmental Disabilities.
|
15 | | The changes made to this subdivision (c)(8) by Public |
16 | | Act 92-14 apply to persons who retire on or after January |
17 | | 1,
2001, notwithstanding Section 1-103.1.
|
18 | | (9) "Central Management Services security police |
19 | | officer" means any
person employed by the Department of |
20 | | Central Management Services who is
vested with such law |
21 | | enforcement duties as render him ineligible for
coverage |
22 | | under the Social Security Act by reason of Sections |
23 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
|
24 | | (10) For a member who first became an employee under |
25 | | this Article before July 1, 2005, the term "security |
26 | | employee of the Department of Corrections or the Department |
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1 | | of Juvenile Justice"
means any employee of the Department |
2 | | of Corrections or the Department of Juvenile Justice or the |
3 | | former
Department of Personnel, and any member or employee |
4 | | of the Prisoner
Review Board, who has daily contact with |
5 | | inmates or youth by working within a
correctional facility |
6 | | or Juvenile facility operated by the Department of Juvenile |
7 | | Justice or who is a parole officer or an employee who has
|
8 | | direct contact with committed persons in the performance of |
9 | | his or her
job duties. For a member who first becomes an |
10 | | employee under this Article on or after July 1, 2005, the |
11 | | term means an employee of the Department of Corrections or |
12 | | the Department of Juvenile Justice who is any of the |
13 | | following: (i) officially headquartered at a correctional |
14 | | facility or Juvenile facility operated by the Department of |
15 | | Juvenile Justice, (ii) a parole officer, (iii) a member of |
16 | | the apprehension unit, (iv) a member of the intelligence |
17 | | unit, (v) a member of the sort team, or (vi) an |
18 | | investigator.
|
19 | | (11) The term "dangerous drugs investigator" means any |
20 | | person who is
employed as such by the Department of Human |
21 | | Services.
|
22 | | (12) The term "investigator for the Department of State |
23 | | Police" means
a person employed by the Department of State |
24 | | Police who is vested under
Section 4 of the Narcotic |
25 | | Control Division Abolition Act with such
law enforcement |
26 | | powers as render him ineligible for coverage under the
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1 | | Social Security Act by reason of Sections 218(d)(5)(A), |
2 | | 218(d)(8)(D) and
218(l)(1) of that Act.
|
3 | | (13) "Investigator for the Office of the Attorney |
4 | | General" means any
person who is employed as such by the |
5 | | Office of the Attorney General and
is vested with such |
6 | | investigative duties as render him ineligible for
coverage |
7 | | under the Social Security Act by reason of Sections |
8 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For |
9 | | the period before January 1,
1989, the term includes all |
10 | | persons who were employed as investigators by the
Office of |
11 | | the Attorney General, without regard to social security |
12 | | status.
|
13 | | (14) "Controlled substance inspector" means any person |
14 | | who is employed
as such by the Department of Professional |
15 | | Regulation and is vested with such
law enforcement duties |
16 | | as render him ineligible for coverage under the Social
|
17 | | Security Act by reason of Sections 218(d)(5)(A), |
18 | | 218(d)(8)(D) and 218(l)(1) of
that Act. The term |
19 | | "controlled substance inspector" includes the Program
|
20 | | Executive of Enforcement and the Assistant Program |
21 | | Executive of Enforcement.
|
22 | | (15) The term "investigator for the Office of the |
23 | | State's Attorneys
Appellate Prosecutor" means a person |
24 | | employed in that capacity on a full
time basis under the |
25 | | authority of Section 7.06 of the State's Attorneys
|
26 | | Appellate Prosecutor's Act.
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1 | | (16) "Commerce Commission police officer" means any |
2 | | person employed
by the Illinois Commerce Commission who is |
3 | | vested with such law
enforcement duties as render him |
4 | | ineligible for coverage under the Social
Security Act by |
5 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
|
6 | | 218(l)(1) of that Act.
|
7 | | (17) "Arson investigator" means any person who is |
8 | | employed as such by
the Office of the State Fire Marshal |
9 | | and is vested with such law enforcement
duties as render |
10 | | the person ineligible for coverage under the Social |
11 | | Security
Act by reason of Sections 218(d)(5)(A), |
12 | | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was |
13 | | employed as an arson
investigator on January 1, 1995 and is |
14 | | no longer in service but not yet
receiving a retirement |
15 | | annuity may convert his or her creditable service for
|
16 | | employment as an arson investigator into eligible |
17 | | creditable service by paying
to the System the difference |
18 | | between the employee contributions actually paid
for that |
19 | | service and the amounts that would have been contributed if |
20 | | the
applicant were contributing at the rate applicable to |
21 | | persons with the same
social security status earning |
22 | | eligible creditable service on the date of
application.
|
23 | | (18) The term "State highway maintenance worker" means |
24 | | a person who is
either of the following:
|
25 | | (i) A person employed on a full-time basis by the |
26 | | Illinois
Department of Transportation in the position |
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1 | | of
highway maintainer,
highway maintenance lead |
2 | | worker,
highway maintenance lead/lead worker,
heavy |
3 | | construction equipment operator,
power shovel |
4 | | operator, or
bridge mechanic; and
whose principal |
5 | | responsibility is to perform, on the roadway, the |
6 | | actual
maintenance necessary to keep the highways that |
7 | | form a part of the State
highway system in serviceable |
8 | | condition for vehicular traffic.
|
9 | | (ii) A person employed on a full-time basis by the |
10 | | Illinois
State Toll Highway Authority in the position |
11 | | of
equipment operator/laborer H-4,
equipment |
12 | | operator/laborer H-6,
welder H-4,
welder H-6,
|
13 | | mechanical/electrical H-4,
mechanical/electrical H-6,
|
14 | | water/sewer H-4,
water/sewer H-6,
sign maker/hanger |
15 | | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
|
16 | | roadway lighting H-6,
structural H-4,
structural H-6,
|
17 | | painter H-4, or
painter H-6; and
whose principal |
18 | | responsibility is to perform, on the roadway, the |
19 | | actual
maintenance necessary to keep the Authority's |
20 | | tollways in serviceable condition
for vehicular |
21 | | traffic.
|
22 | | (d) A security employee of the Department of Corrections or |
23 | | the Department of Juvenile Justice, and a security
employee of |
24 | | the Department of Human Services who is not a mental health |
25 | | police
officer, shall not be eligible for the alternative |
26 | | retirement annuity provided
by this Section unless he or she |
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1 | | meets the following minimum age and service
requirements at the |
2 | | time of retirement:
|
3 | | (i) 25 years of eligible creditable service and age 55; |
4 | | or
|
5 | | (ii) beginning January 1, 1987, 25 years of eligible |
6 | | creditable service
and age 54, or 24 years of eligible |
7 | | creditable service and age 55; or
|
8 | | (iii) beginning January 1, 1988, 25 years of eligible |
9 | | creditable service
and age 53, or 23 years of eligible |
10 | | creditable service and age 55; or
|
11 | | (iv) beginning January 1, 1989, 25 years of eligible |
12 | | creditable service
and age 52, or 22 years of eligible |
13 | | creditable service and age 55; or
|
14 | | (v) beginning January 1, 1990, 25 years of eligible |
15 | | creditable service
and age 51, or 21 years of eligible |
16 | | creditable service and age 55; or
|
17 | | (vi) beginning January 1, 1991, 25 years of eligible |
18 | | creditable service
and age 50, or 20 years of eligible |
19 | | creditable service and age 55.
|
20 | | Persons who have service credit under Article 16 of this |
21 | | Code for service
as a security employee of the Department of |
22 | | Corrections or the Department of Juvenile Justice, or the |
23 | | Department
of Human Services in a position requiring |
24 | | certification as a teacher may
count such service toward |
25 | | establishing their eligibility under the service
requirements |
26 | | of this Section; but such service may be used only for
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1 | | establishing such eligibility, and not for the purpose of |
2 | | increasing or
calculating any benefit.
|
3 | | (e) If a member enters military service while working in a |
4 | | position in
which eligible creditable service may be earned, |
5 | | and returns to State
service in the same or another such |
6 | | position, and fulfills in all other
respects the conditions |
7 | | prescribed in this Article for credit for military
service, |
8 | | such military service shall be credited as eligible creditable
|
9 | | service for the purposes of the retirement annuity prescribed |
10 | | in this Section.
|
11 | | (f) For purposes of calculating retirement annuities under |
12 | | this
Section, periods of service rendered after December 31, |
13 | | 1968 and before
October 1, 1975 as a covered employee in the |
14 | | position of special agent,
conservation police officer, mental |
15 | | health police officer, or investigator
for the Secretary of |
16 | | State, shall be deemed to have been service as a
noncovered |
17 | | employee, provided that the employee pays to the System prior |
18 | | to
retirement an amount equal to (1) the difference between the |
19 | | employee
contributions that would have been required for such |
20 | | service as a
noncovered employee, and the amount of employee |
21 | | contributions actually
paid, plus (2) if payment is made after |
22 | | July 31, 1987, regular interest
on the amount specified in item |
23 | | (1) from the date of service to the date
of payment.
|
24 | | For purposes of calculating retirement annuities under |
25 | | this Section,
periods of service rendered after December 31, |
26 | | 1968 and before January 1,
1982 as a covered employee in the |
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1 | | position of investigator for the
Department of Revenue shall be |
2 | | deemed to have been service as a noncovered
employee, provided |
3 | | that the employee pays to the System prior to retirement
an |
4 | | amount equal to (1) the difference between the employee |
5 | | contributions
that would have been required for such service as |
6 | | a noncovered employee,
and the amount of employee contributions |
7 | | actually paid, plus (2) if payment
is made after January 1, |
8 | | 1990, regular interest on the amount specified in
item (1) from |
9 | | the date of service to the date of payment.
|
10 | | (g) A State policeman may elect, not later than January 1, |
11 | | 1990, to
establish eligible creditable service for up to 10 |
12 | | years of his service as
a policeman under Article 3, by filing |
13 | | a written election with the Board,
accompanied by payment of an |
14 | | amount to be determined by the Board, equal to
(i) the |
15 | | difference between the amount of employee and employer
|
16 | | contributions transferred to the System under Section 3-110.5, |
17 | | and the
amounts that would have been contributed had such |
18 | | contributions been made
at the rates applicable to State |
19 | | policemen, plus (ii) interest thereon at
the effective rate for |
20 | | each year, compounded annually, from the date of
service to the |
21 | | date of payment.
|
22 | | Subject to the limitation in subsection (i), a State |
23 | | policeman may elect,
not later than July 1, 1993, to establish |
24 | | eligible creditable service for
up to 10 years of his service |
25 | | as a member of the County Police Department
under Article 9, by |
26 | | filing a written election with the Board, accompanied
by |
|
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1 | | payment of an amount to be determined by the Board, equal to |
2 | | (i) the
difference between the amount of employee and employer |
3 | | contributions
transferred to the System under Section 9-121.10 |
4 | | and the amounts that would
have been contributed had those |
5 | | contributions been made at the rates
applicable to State |
6 | | policemen, plus (ii) interest thereon at the effective
rate for |
7 | | each year, compounded annually, from the date of service to the
|
8 | | date of payment.
|
9 | | (h) Subject to the limitation in subsection (i), a State |
10 | | policeman or
investigator for the Secretary of State may elect |
11 | | to establish eligible
creditable service for up to 12 years of |
12 | | his service as a policeman under
Article 5, by filing a written |
13 | | election with the Board on or before January
31, 1992, and |
14 | | paying to the System by January 31, 1994 an amount to be
|
15 | | determined by the Board, equal to (i) the difference between |
16 | | the amount of
employee and employer contributions transferred |
17 | | to the System under Section
5-236, and the amounts that would |
18 | | have been contributed had such
contributions been made at the |
19 | | rates applicable to State policemen, plus
(ii) interest thereon |
20 | | at the effective rate for each year, compounded
annually, from |
21 | | the date of service to the date of payment.
|
22 | | Subject to the limitation in subsection (i), a State |
23 | | policeman,
conservation police officer, or investigator for |
24 | | the Secretary of State may
elect to establish eligible |
25 | | creditable service for up to 10 years of
service as a sheriff's |
26 | | law enforcement employee under Article 7, by filing
a written |
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1 | | election with the Board on or before January 31, 1993, and |
2 | | paying
to the System by January 31, 1994 an amount to be |
3 | | determined by the Board,
equal to (i) the difference between |
4 | | the amount of employee and
employer contributions transferred |
5 | | to the System under Section
7-139.7, and the amounts that would |
6 | | have been contributed had such
contributions been made at the |
7 | | rates applicable to State policemen, plus
(ii) interest thereon |
8 | | at the effective rate for each year, compounded
annually, from |
9 | | the date of service to the date of payment.
|
10 | | Subject to the limitation in subsection (i), a State |
11 | | policeman,
conservation police officer, or investigator for |
12 | | the Secretary of State may
elect to establish eligible |
13 | | creditable service for up to 5 years of
service as a police |
14 | | officer under Article 3, a policeman under Article 5, a |
15 | | sheriff's law enforcement employee under Article 7, a member of |
16 | | the county police department under Article 9, or a police |
17 | | officer under Article 15 by filing
a written election with the |
18 | | Board and paying
to the System an amount to be determined by |
19 | | the Board,
equal to (i) the difference between the amount of |
20 | | employee and
employer contributions transferred to the System |
21 | | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 |
22 | | and the amounts that would have been contributed had such
|
23 | | contributions been made at the rates applicable to State |
24 | | policemen, plus
(ii) interest thereon at the effective rate for |
25 | | each year, compounded
annually, from the date of service to the |
26 | | date of payment. |
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1 | | Subject to the limitation in subsection (i), an |
2 | | investigator for the Office of the Attorney General, or an |
3 | | investigator for the Department of Revenue, may elect to |
4 | | establish eligible creditable service for up to 5 years of |
5 | | service as a police officer under Article 3, a policeman under |
6 | | Article 5, a sheriff's law enforcement employee under Article |
7 | | 7, or a member of the county police department under Article 9 |
8 | | by filing a written election with the Board within 6 months |
9 | | after August 25, 2009 (the effective date of Public Act 96-745) |
10 | | and paying to the System an amount to be determined by the |
11 | | Board, equal to (i) the difference between the amount of |
12 | | employee and employer contributions transferred to the System |
13 | | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the |
14 | | amounts that would have been contributed had such contributions |
15 | | been made at the rates applicable to State policemen, plus (ii) |
16 | | interest thereon at the actuarially assumed rate for each year, |
17 | | compounded annually, from the date of service to the date of |
18 | | payment. |
19 | | Subject to the limitation in subsection (i), a State |
20 | | policeman, conservation police officer, investigator for the |
21 | | Office of the Attorney General, an investigator for the |
22 | | Department of Revenue, or investigator for the Secretary of |
23 | | State may elect to establish eligible creditable service for up |
24 | | to 5 years of service as a person employed by a participating |
25 | | municipality to perform police duties, or law enforcement |
26 | | officer employed on a full-time basis by a forest preserve |
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1 | | district under Article 7, a county corrections officer, or a |
2 | | court services officer under Article 9, by filing a written |
3 | | election with the Board within 6 months after August 25, 2009 |
4 | | (the effective date of Public Act 96-745) and paying to the |
5 | | System an amount to be determined by the Board, equal to (i) |
6 | | the difference between the amount of employee and employer |
7 | | contributions transferred to the System under Sections 7-139.8 |
8 | | and 9-121.10 and the amounts that would have been contributed |
9 | | had such contributions been made at the rates applicable to |
10 | | State policemen, plus (ii) interest thereon at the actuarially |
11 | | assumed rate for each year, compounded annually, from the date |
12 | | of service to the date of payment. |
13 | | (i) The total amount of eligible creditable service |
14 | | established by any
person under subsections (g), (h), (j), (k), |
15 | | and (l) of this
Section shall not exceed 12 years.
|
16 | | (j) Subject to the limitation in subsection (i), an |
17 | | investigator for
the Office of the State's Attorneys Appellate |
18 | | Prosecutor or a controlled
substance inspector may elect to
|
19 | | establish eligible creditable service for up to 10 years of his |
20 | | service as
a policeman under Article 3 or a sheriff's law |
21 | | enforcement employee under
Article 7, by filing a written |
22 | | election with the Board, accompanied by
payment of an amount to |
23 | | be determined by the Board, equal to (1) the
difference between |
24 | | the amount of employee and employer contributions
transferred |
25 | | to the System under Section 3-110.6 or 7-139.8, and the amounts
|
26 | | that would have been contributed had such contributions been |
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1 | | made at the
rates applicable to State policemen, plus (2) |
2 | | interest thereon at the
effective rate for each year, |
3 | | compounded annually, from the date of service
to the date of |
4 | | payment.
|
5 | | (k) Subject to the limitation in subsection (i) of this |
6 | | Section, an
alternative formula employee may elect to establish |
7 | | eligible creditable
service for periods spent as a full-time |
8 | | law enforcement officer or full-time
corrections officer |
9 | | employed by the federal government or by a state or local
|
10 | | government located outside of Illinois, for which credit is not |
11 | | held in any
other public employee pension fund or retirement |
12 | | system. To obtain this
credit, the applicant must file a |
13 | | written application with the Board by March
31, 1998, |
14 | | accompanied by evidence of eligibility acceptable to the Board |
15 | | and
payment of an amount to be determined by the Board, equal |
16 | | to (1) employee
contributions for the credit being established, |
17 | | based upon the applicant's
salary on the first day as an |
18 | | alternative formula employee after the employment
for which |
19 | | credit is being established and the rates then applicable to
|
20 | | alternative formula employees, plus (2) an amount determined by |
21 | | the Board
to be the employer's normal cost of the benefits |
22 | | accrued for the credit being
established, plus (3) regular |
23 | | interest on the amounts in items (1) and (2) from
the first day |
24 | | as an alternative formula employee after the employment for |
25 | | which
credit is being established to the date of payment.
|
26 | | (l) Subject to the limitation in subsection (i), a security |
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1 | | employee of
the Department of Corrections may elect, not later |
2 | | than July 1, 1998, to
establish eligible creditable service for |
3 | | up to 10 years of his or her service
as a policeman under |
4 | | Article 3, by filing a written election with the Board,
|
5 | | accompanied by payment of an amount to be determined by the |
6 | | Board, equal to
(i) the difference between the amount of |
7 | | employee and employer contributions
transferred to the System |
8 | | under Section 3-110.5, and the amounts that would
have been |
9 | | contributed had such contributions been made at the rates |
10 | | applicable
to security employees of the Department of |
11 | | Corrections, plus (ii) interest
thereon at the effective rate |
12 | | for each year, compounded annually, from the date
of service to |
13 | | the date of payment.
|
14 | | (m) The amendatory changes to this Section made by this |
15 | | amendatory Act of the 94th General Assembly apply only to: (1) |
16 | | security employees of the Department of Juvenile Justice |
17 | | employed by the Department of Corrections before the effective |
18 | | date of this amendatory Act of the 94th General Assembly and |
19 | | transferred to the Department of Juvenile Justice by this |
20 | | amendatory Act of the 94th General Assembly; and (2) persons |
21 | | employed by the Department of Juvenile Justice on or after the |
22 | | effective date of this amendatory Act of the 94th General |
23 | | Assembly who are required by subsection (b) of Section 3-2.5-15 |
24 | | of the Unified Code of Corrections to have any bachelor's or |
25 | | advanced degree from an accredited college or university or, in |
26 | | the case of persons who provide vocational training, who are |
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1 | | required to have adequate knowledge in the skill for which they |
2 | | are providing the vocational training.
|
3 | | (n) A person employed in a position under subsection (b) of |
4 | | this Section who has purchased service credit under subsection |
5 | | (j) of Section 14-104 or subsection (b) of Section 14-105 in |
6 | | any other capacity under this Article may convert up to 5 years |
7 | | of that service credit into service credit covered under this |
8 | | Section by paying to the Fund an amount equal to (1) the |
9 | | additional employee contribution required under Section |
10 | | 14-133, plus (2) the additional employer contribution required |
11 | | under Section 14-131, plus (3) interest on items (1) and (2) at |
12 | | the actuarially assumed rate from the date of the service to |
13 | | the date of payment. |
14 | | (Source: P.A. 100-19, eff. 1-1-18 .)
|
15 | | (40 ILCS 5/14-111) (from Ch. 108 1/2, par. 14-111)
|
16 | | Sec. 14-111. Re-entry After retirement.
|
17 | | (a) An annuitant who re-enters the service of a department |
18 | | and receives
compensation on a regular payroll shall receive no |
19 | | payments of the
retirement annuity during the time he is so |
20 | | employed, with the following
exceptions:
|
21 | | (1) An annuitant who is employed by a department while |
22 | | he or she is a
continuing participant in the General |
23 | | Assembly Retirement System under
Sections 2-117.1 and |
24 | | 14-105.4 will not be considered to have made a
re-entry |
25 | | after retirement within the meaning of this Section for the
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1 | | duration of such continuing participation. Any person who |
2 | | is a continuing
participant under Sections 2-117.1 and |
3 | | 14-105.4 on the effective date of
this amendatory Act of |
4 | | 1991 and whose retirement annuity has been suspended
under |
5 | | this Section shall be entitled to receive from the System a |
6 | | sum equal
to the annuity payments that have been withheld |
7 | | under this Section, and
shall receive the benefit of this |
8 | | amendment without regard to Section
1-103.1.
|
9 | | (2) An annuitant who accepts temporary employment from |
10 | | such a
department for a period not exceeding 75 working |
11 | | days in any calendar year
is not considered to make a |
12 | | re-entry after retirement within the meaning of
this |
13 | | Section. Any part of a day on temporary employment is |
14 | | considered a
full day of employment. |
15 | | (3) An annuitant who serves as the Superintendent of |
16 | | State Police is not considered to have made a re-entry |
17 | | after retirement within the meaning of this Section for the |
18 | | duration of his or her service as the Superintendent of |
19 | | State Police.
|
20 | | (b) If such person re-enters the service of a department, |
21 | | not as a
temporary employee, contributions to the system shall |
22 | | begin as of the
date of re-employment and additional creditable |
23 | | service shall begin to
accrue. He shall assume the status of a |
24 | | member entitled to all rights
and privileges in the system, |
25 | | including death and disability benefits,
excluding a refund of |
26 | | contributions.
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1 | | Upon subsequent retirement, his retirement annuity shall |
2 | | consist of:
|
3 | | (1) the amounts of the annuities terminated by re-entry |
4 | | into
service; and
|
5 | | (2) the amount of the additional retirement annuity |
6 | | earned by the
member during the period of additional |
7 | | membership service which shall
not be subject to |
8 | | reversionary annuity if any.
|
9 | | The total retirement annuity shall not, however, exceed the |
10 | | maximum
applicable to the member at the time of original |
11 | | retirement.
In the computation of any such retirement annuity, |
12 | | the time that the
member was on retirement shall not interrupt |
13 | | the continuity of service
for the computation of final average |
14 | | compensation and the additional
membership service shall be |
15 | | considered, together with service rendered
before the previous |
16 | | retirement, in establishing final average
compensation.
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17 | | A person who re-enters the service of a department within 3 |
18 | | years
after retiring may qualify to have the retirement annuity |
19 | | computed as
though the member had not previously retired by |
20 | | paying to
the System, within 5 years after re-entry and prior |
21 | | to subsequent
retirement, in a lump sum or in installment |
22 | | payments in accordance with
such rules as may be adopted by the |
23 | | Board, an amount equal to all
retirement payments received, |
24 | | including any payments received in accordance
with subsection |
25 | | (c) or (d) of Section 14-130, plus regular interest from
the |
26 | | date retirement payments were suspended to the date of |
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1 | | repayment.
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2 | | (Source: P.A. 86-1488; 87-794.)
|
3 | | (40 ILCS 5/14-155.1 new) |
4 | | Sec. 14-155.1. Defined contribution plan for |
5 | | Superintendents of State Police. No later than January 1, 2019, |
6 | | the System shall prepare and implement a defined contribution |
7 | | plan for any Superintendent of State Police who receives a |
8 | | retirement annuity while serving in that capacity. |
9 | | Participation in the defined contribution plan under this |
10 | | Section is in lieu of accruing any other benefits under this |
11 | | Article. The defined contribution plan developed under this |
12 | | Section shall be a plan that aggregates State and participant |
13 | | contributions in individual participant accounts which, after |
14 | | meeting any other requirements, are used for payouts after |
15 | | retirement in accordance with this Section and any other |
16 | | applicable laws. |
17 | | (1) A participant shall contribute a minimum of 4% of |
18 | | his or her compensation to the defined contribution plan. |
19 | | (2) For a participant who has served as Superintendent |
20 | | of State Police for at least one year, State contributions |
21 | | shall be paid into that participant's account at a rate |
22 | | expressed as a percentage of compensation. This rate shall |
23 | | be set by the Governor, but shall be no higher than 6% of |
24 | | compensation and shall be no lower than 2% of compensation. |
25 | | (3) State contributions shall vest when those |
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1 | | contributions are paid into the participant's account. |
2 | | (4) The defined contribution plan shall provide a
|
3 | | variety of options for investments. These options shall |
4 | | include investments handled by the Illinois State Board of |
5 | | Investment as well as private sector investment options. |
6 | | (5) The defined contribution plan shall provide a
|
7 | | variety of options for payouts to retirees and their |
8 | | survivors. |
9 | | (6) To the extent authorized under federal law and as
|
10 | | authorized by the retirement system, the defined |
11 | | contribution plan shall allow former participants in the |
12 | | plan to transfer or roll over employee and employer |
13 | | contributions, and the earnings thereon, into other |
14 | | qualified retirement plans. |
15 | | (7) The System shall reduce the participant |
16 | | contributions credited to the participant's defined |
17 | | contribution plan account by an amount determined by that |
18 | | retirement system to cover the cost of offering the |
19 | | benefits under this Section and any applicable |
20 | | administrative fees. |
21 | | (8) No person shall begin participating in the
defined |
22 | | contribution plan until it has attained qualified plan |
23 | | status and received all necessary approvals from the U.S. |
24 | | Internal Revenue Service. |
25 | | Section 130. The Illinois Police Training Act is amended by |
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1 | | changing Section 3 as follows:
|
2 | | (50 ILCS 705/3) (from Ch. 85, par. 503)
|
3 | | Sec. 3. Board - composition - appointments - tenure - |
4 | | vacancies. The Board
shall be composed of 19 members selected |
5 | | as follows: The Attorney
General of
the State of Illinois, the |
6 | | Superintendent Director of State Police, the Director of
|
7 | | Corrections, the Superintendent of the
Chicago Police |
8 | | Department, the Sheriff of Cook County, the Director of the
|
9 | | Illinois Police Training Institute, the Clerk of the Circuit |
10 | | Court of Cook County, and the following
to be appointed by the |
11 | | Governor: 2 mayors or village presidents of Illinois
|
12 | | municipalities, 2 Illinois county sheriffs from counties other |
13 | | than Cook
County, 2 managers of Illinois municipalities, 2 |
14 | | chiefs of municipal police
departments in Illinois having no |
15 | | Superintendent of the Police Department on
the Board, 2 |
16 | | citizens of Illinois who shall be members of
an organized |
17 | | enforcement officers' association, one active member of a |
18 | | statewide association representing sheriffs, and one active |
19 | | member of a statewide association representing municipal |
20 | | police chiefs. The appointments of the Governor
shall be made |
21 | | on the first Monday of August in 1965 with 3 of the |
22 | | appointments
to be for a period of one year, 3 for 2 years, and |
23 | | 3 for 3 years. Their
successors shall be appointed in like |
24 | | manner for terms to expire the first
Monday of August each 3 |
25 | | years thereafter. All members shall serve until their
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1 | | respective successors are appointed and qualify. Vacancies |
2 | | shall be filled by
the Governor for the unexpired terms.
|
3 | | (Source: P.A. 99-651, eff. 7-28-16.)
|
4 | | Section 135. The Uniform Peace Officers' Disciplinary Act |
5 | | is amended by changing Section 7.5 as follows: |
6 | | (50 ILCS 725/7.5) |
7 | | (Section scheduled to be repealed on December 31, 2018) |
8 | | Sec. 7.5. Commission on Police Professionalism. |
9 | | (a) Recognizing the need to review performance standards |
10 | | governing the professionalism of law enforcement agencies and |
11 | | officers in the 21st century, the General Assembly hereby |
12 | | creates the Commission on Police Professionalism. |
13 | | (b) The Commission on Police Professionalism shall be |
14 | | composed of the following members: |
15 | | (1) one member of the Senate appointed by the President |
16 | | of the Senate; |
17 | | (2) one member of the Senate appointed by the Senate |
18 | | Minority Leader; |
19 | | (3) one member of the House of Representatives |
20 | | appointed by the Speaker of the House of Representatives; |
21 | | (4) one member of the House of Representatives |
22 | | appointed by the House Minority Leader; |
23 | | (5) one active duty law enforcement officer who is a |
24 | | member of a certified collective bargaining unit appointed |
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1 | | by the Governor; |
2 | | (6) one active duty law enforcement officer who is a |
3 | | member of a certified collective bargaining unit appointed |
4 | | by the President of the Senate; |
5 | | (7) one active duty law enforcement officer who is a |
6 | | member of a certified collective bargaining unit appointed |
7 | | by the Senate Minority Leader; |
8 | | (8) one active duty law enforcement officer who is a |
9 | | member of a certified collective bargaining unit appointed |
10 | | by the Speaker of the House of Representatives; |
11 | | (9) one active duty law enforcement officer who is a |
12 | | member of a certified collective bargaining unit appointed |
13 | | by the House Minority Leader; |
14 | | (10) the Superintendent Director of State Police, or |
15 | | his or her designee; |
16 | | (10.5) the Superintendent of the Chicago Police |
17 | | Department, or his or her designee; |
18 | | (11) the Executive Director of the Law Enforcement |
19 | | Training Standards Board, or his or her designee; |
20 | | (12) the Director of a statewide organization |
21 | | representing Illinois sheriffs; |
22 | | (13) the Director of a statewide organization |
23 | | representing Illinois chiefs of police; |
24 | | (14) the Director of a statewide fraternal |
25 | | organization representing sworn law enforcement officers |
26 | | in this State; |
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1 | | (15) the Director of a benevolent association |
2 | | representing sworn police officers in this State; |
3 | | (16) the Director of a fraternal organization |
4 | | representing sworn law enforcement officers within the |
5 | | City of Chicago; and |
6 | | (17) the Director of a fraternal organization |
7 | | exclusively representing sworn Illinois State Police |
8 | | officers. |
9 | | (c)
The President of the Senate and the Speaker of the |
10 | | House of Representatives shall each appoint a joint chairperson |
11 | | to the Commission. The Law Enforcement Training Standards Board |
12 | | shall provide administrative support to the Commission. |
13 | | (d) The Commission shall meet regularly to review the |
14 | | current training and certification process for law enforcement |
15 | | officers, review the duties of the various types of law |
16 | | enforcement officers, including auxiliary officers, review the |
17 | | standards for the issuance of badges, shields, and other police |
18 | | and agency identification, review officer-involved shooting |
19 | | investigation policies, review policies and practices |
20 | | concerning the use of force and misconduct by law enforcement |
21 | | officers, and examine whether law enforcement officers should |
22 | | be licensed. For the purposes of this subsection (d), "badge" |
23 | | means an officer's department issued identification number |
24 | | associated with his or her position as a police officer with |
25 | | that Department. |
26 | | (e) The Commission shall submit a report of its findings |
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1 | | and legislative recommendations to the General Assembly and |
2 | | Governor on or before September 30, 2018. |
3 | | (f) This Section is repealed on December 31, 2018.
|
4 | | (Source: P.A. 100-319, eff. 8-24-17.) |
5 | | Section 140. The Currency Reporting Act is amended by |
6 | | changing Sections 2, 3, 4, 5, 6, and 8 as follows:
|
7 | | (205 ILCS 685/2) (from Ch. 17, par. 7352)
|
8 | | Sec. 2.
It is the purpose of this Act to require the |
9 | | keeping and
submission to the Superintendent Director of State |
10 | | Police of certain reports and records of
transactions involving |
11 | | United States currency when such reports and records
have a |
12 | | high degree of usefulness in criminal, tax or regulatory
|
13 | | investigations or proceedings.
|
14 | | (Source: P.A. 87-619.)
|
15 | | (205 ILCS 685/3) (from Ch. 17, par. 7353)
|
16 | | Sec. 3. As used in this Act, the term:
|
17 | | (a) "Currency" means currency and coin of the United |
18 | | States;
|
19 | | (b) "Department" means the Department of State Police;
|
20 | | (c) "Superintendent" "Director" means Superintendent |
21 | | Director of State Police;
|
22 | | (d) "Financial Institution" means any:
|
23 | | (1) National or state bank or banking association;
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1 | | (2) Agency or branch of a foreign bank, or |
2 | | international bank;
|
3 | | (3) Industrial savings bank;
|
4 | | (4) Trust company;
|
5 | | (5) Federal or state savings and loan association;
|
6 | | (6) Federal or state credit union;
|
7 | | (7) Community or ambulatory currency exchange;
|
8 | | (8) Issuer, redeemer, or cashier of travelers' checks, |
9 | | money orders, or
similar instruments;
|
10 | | (9) Operator of a credit card system;
|
11 | | (10) Insurance company;
|
12 | | (11) Dealer in precious metals, stones, and jewels;
|
13 | | (12) Loan or finance company;
|
14 | | (13) Pawnbroker;
|
15 | | (14) Travel agency;
|
16 | | (15) Licensed sender of money;
|
17 | | (16) Telegraph company;
|
18 | | (17) Business engaged in vehicle or vessel sales, |
19 | | including automobile,
airplane and boat sales;
|
20 | | (18) Person involved in real estate closings, |
21 | | settlements, sales, or
auctions.
|
22 | | However, "Financial Institution" does not include an office, |
23 | | department,
agency or other entity of State government.
|
24 | | (Source: P.A. 87-619.)
|
25 | | (205 ILCS 685/4) (from Ch. 17, par. 7354)
|
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1 | | Sec. 4.
(a) Every financial institution shall keep a record |
2 | | of every
currency transaction involving more than $10,000 and |
3 | | shall file a report with
the Department at such time and |
4 | | containing such information as the Superintendent Director
by |
5 | | rule or regulation requires. Unless otherwise provided by rule, |
6 | | a
financial institution may exempt from the reporting |
7 | | requirements of this
Section deposits, withdrawals, exchanges, |
8 | | or payments exempted from the
reporting requirements of Title |
9 | | 31 U.S.C. 5313. Each financial institution
shall maintain a |
10 | | record of each exemption granted, including the name,
address, |
11 | | type of business, taxpayer identification number, and account
|
12 | | number of the customer granted the exemption; the type of |
13 | | transactions
exempted; and the dollar limit of each exempt |
14 | | transaction. Such record of
exemptions shall be made available |
15 | | to the Department for inspection and
copying.
|
16 | | (b) A financial institution in compliance with the |
17 | | provisions of the
Currency and Foreign Transactions Reporting |
18 | | Act (31 U.S.C. 5311, et seq.)
and Federal regulations |
19 | | prescribed thereunder shall be deemed to be in
compliance with |
20 | | the provisions of this Section and rules or regulations
|
21 | | prescribed thereunder by the Superintendent Director .
|
22 | | (Source: P.A. 87-619.)
|
23 | | (205 ILCS 685/5) (from Ch. 17, par. 7355)
|
24 | | Sec. 5.
(a) No financial institution may issue or sell a |
25 | | bank check,
cashier's check, traveler's check, or money order |
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1 | | to any individual in
connection with a transaction or group of |
2 | | such contemporaneous transactions
which involves United States |
3 | | coins or currency (or such other monetary
instruments as the |
4 | | Superintendent Director may prescribe) in amounts or |
5 | | denominations of
$3,000 or more unless:
|
6 | | (1) The individual has a transaction account with such |
7 | | financial
institution and the financial institution:
|
8 | | (i) Verifies that fact through a signature card or |
9 | | other information
maintained by such institution in |
10 | | connection with the account of such individual; and
|
11 | | (ii) Records the method of verification in |
12 | | accordance with
regulations which the Superintendent |
13 | | Director shall prescribe; or
|
14 | | (2) The individual furnishes the financial institution |
15 | | with such forms
of identification as the Director may |
16 | | require in regulations which the Superintendent
Director |
17 | | shall prescribe and the financial institution verifies and |
18 | | records
such information in accordance with regulations |
19 | | which the Director shall prescribe.
|
20 | | (b) Any information required to be recorded by any |
21 | | financial institution
under subsection (a) of this Section 5 |
22 | | shall be reported to the Director at
such time and in such |
23 | | manner as the Superintendent Director may prescribe by rule or
|
24 | | regulation.
|
25 | | (c) The records required to be kept by this Act shall be |
26 | | kept on the
premises of the financial institutions and shall be |
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1 | | open to inspection by
any law enforcement officer upon request |
2 | | of the head of such agency, made
in writing and stating the |
3 | | particular information desired, the criminal or
tax or |
4 | | regulatory purpose for which the information is sought and the
|
5 | | official need for the information, which such information shall |
6 | | be received
by them in confidence and shall not be disclosed to |
7 | | any person except for
official purposes related to the |
8 | | investigation, proceeding or matter in
connection with which |
9 | | the information is sought, and for which the agency
shall |
10 | | reimburse the financial institution for costs incurred in |
11 | | searching
for, making available, or reproducing requested |
12 | | reports.
|
13 | | (d) For the purpose of this Act the term "transaction |
14 | | account" has the
meaning given to such term in Section |
15 | | 19(b)(1)(c) of the Federal Reserve Act.
|
16 | | (e) A financial institution in compliance with Section 5325 |
17 | | of the
Currency and Foreign Transactions Reporting Act (31 |
18 | | U.S.C. 5311, et seq.)
and Federal regulations prescribed |
19 | | thereunder shall be deemed to be in
compliance with the |
20 | | provisions of this Section and rules or regulations
prescribed |
21 | | thereunder by the Superintendent Director .
|
22 | | (Source: P.A. 87-619.)
|
23 | | (205 ILCS 685/6) (from Ch. 17, par. 7356)
|
24 | | Sec. 6.
Authorized representatives of the Illinois State
|
25 | | Police, the Illinois Attorney General, the Illinois Department |
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1 | | of Revenue,
the State's Attorney's Office or Sheriff's |
2 | | Department of any county of this
State, the police department |
3 | | of any municipality of this State, the United
States Department |
4 | | of Justice (to include the United States Attorney
General, |
5 | | local United States' Attorneys, the Federal Bureau of
|
6 | | Investigation, and the Drug Enforcement Administration), and |
7 | | the United States
Department of the Treasury (to include the |
8 | | United States Customs Service
and the Internal Revenue Service) |
9 | | shall, under rules and regulations
prescribed by the |
10 | | Superintendent Director , be given access to information and |
11 | | documents
received by the Superintendent Director under this |
12 | | Act or information and documents
relating to financial |
13 | | transactions received by the Superintendent Director from the
|
14 | | Federal Government as the result of any memorandum or agreement |
15 | | of
understanding between any Department of the United States |
16 | | and the State
of Illinois.
|
17 | | (Source: P.A. 87-619.)
|
18 | | (205 ILCS 685/8) (from Ch. 17, par. 7358)
|
19 | | Sec. 8.
When the Superintendent Director believes a person |
20 | | has violated, is
violating, or will violate this Act or a rule |
21 | | or regulation prescribed
under this Act, the Superintendent |
22 | | Director may request the Attorney General to bring a
civil |
23 | | action in circuit court to enjoin the violation or enforce |
24 | | compliance
with this Act or rule or regulation prescribed |
25 | | thereunder. A person not
complying with an injunction issued |
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1 | | under this Section is liable to
the State of Illinois in a |
2 | | civil suit for an amount not more than $10,000.
|
3 | | (Source: P.A. 87-619.)
|
4 | | Section 145. The Health Care Worker Background Check Act is |
5 | | amended by changing Section 65 as follows:
|
6 | | (225 ILCS 46/65)
|
7 | | Sec. 65. Health Care Worker Task Force. A Health Care |
8 | | Worker Task Force
shall be appointed to study and make |
9 | | recommendations on statutory changes to
this Act.
|
10 | | (a) The Task Force shall monitor the status of the |
11 | | implementation of this
Act and monitor complaint |
12 | | investigations relating to this Act by the Department
on Aging, |
13 | | Department of Public Health, Department of Professional |
14 | | Regulation,
and the Department of Human Services to determine |
15 | | the criminal background, if
any, of health care workers who |
16 | | have had findings of abuse, theft, or
exploitation.
|
17 | | (b) The Task Force shall make recommendations concerning |
18 | | modifications to
the list of offenses enumerated in Section 25, |
19 | | including time limits on all or
some of the disqualifying |
20 | | offenses, and any other necessary or desirable
changes to the |
21 | | Act.
|
22 | | (c) In the event that proposed rules or changes are |
23 | | properly submitted to the Task Force and the Task Force fails |
24 | | to advise the Department within 90 days after receipt of the |
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1 | | proposed rules or changes, final action shall be deemed to have |
2 | | been taken by the Task Force concerning the proposed rules or |
3 | | changes.
|
4 | | (d) The Task Force shall be composed of the following |
5 | | members, who shall
serve without pay:
|
6 | | (1) a chairman knowledgeable about health care issues, |
7 | | who shall be
appointed by the Governor;
|
8 | | (2) the Director of Public Health or his or her |
9 | | designee;
|
10 | | (3) the Superintendent Director of State Police or his |
11 | | or her designee;
|
12 | | (3.5) the Director of Healthcare and Family Services or |
13 | | his or her designee;
|
14 | | (3.6) the Secretary of Human Services or his or her |
15 | | designee;
|
16 | | (3.7) the Director of Aging or his or her designee;
|
17 | | (4) 2 representatives of health care providers, who |
18 | | shall be appointed
by the Governor;
|
19 | | (5) 2 representatives of health care employees, who |
20 | | shall be appointed
by the Governor;
|
21 | | (5.5) a representative of a Community Care homemaker |
22 | | program, who shall
be appointed by the Governor;
|
23 | | (6) a representative of the general public who has an |
24 | | interest in health
care, who shall be appointed by the |
25 | | Governor; and
|
26 | | (7) 4 members of the General Assembly, one appointed by |
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1 | | the Speaker of
the House, one appointed by the House |
2 | | Minority Leader, one appointed by the
President of the |
3 | | Senate, and one appointed by the Senate Minority Leader. |
4 | | (e) The Task Force shall meet at least quarterly, and more |
5 | | frequently at the discretion of the chairperson. Task Force |
6 | | members shall serve until a replacement is sworn and qualified. |
7 | | Nine members appointed to the Task Force constitutes a quorum.
|
8 | | (Source: P.A. 95-331, eff. 8-21-07; 95-987, eff. 10-3-08.)
|
9 | | Section 150. The Liquor Control Act of 1934 is amended by |
10 | | changing Section 10-1 as follows:
|
11 | | (235 ILCS 5/10-1) (from Ch. 43, par. 183)
|
12 | | Sec. 10-1. Violations; penalties. Whereas a substantial |
13 | | threat
to the sound and careful control, regulation, and |
14 | | taxation of the
manufacture, sale, and distribution of |
15 | | alcoholic liquors exists by virtue
of individuals who |
16 | | manufacture,
import, distribute, or sell alcoholic liquors |
17 | | within the State without
having first obtained a valid license |
18 | | to do so, and whereas such threat is
especially serious along |
19 | | the borders of this State, and whereas such threat
requires |
20 | | immediate correction by this Act, by active investigation and
|
21 | | prosecution by law enforcement officials and prosecutors, and |
22 | | by prompt and
strict enforcement through the courts of this |
23 | | State to punish violators and
to deter such conduct in the |
24 | | future:
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1 | | (a) Any person who manufactures, imports
for distribution |
2 | | or use, transports from outside this State into this State, or |
3 | | distributes or sells 108 liters (28.53 gallons) or more of |
4 | | wine, 45 liters (11.88 gallons) or more of distilled spirits, |
5 | | or 118 liters (31.17 gallons) or more of beer at any
place |
6 | | within the State without having first obtained a valid license |
7 | | to do
so under the provisions of this Act shall be guilty of a |
8 | | Class 4 felony for each offense. However, any person who was |
9 | | duly licensed under this Act and whose license expired within |
10 | | 30 days prior to a violation shall be guilty of a business |
11 | | offense and fined not more than $1,000 for the first such |
12 | | offense and shall be guilty of a Class 4 felony for each |
13 | | subsequent offense.
|
14 | | Any person who manufactures, imports for distribution, |
15 | | transports from outside this State into this State for sale or |
16 | | resale in this State, or distributes or sells less than 108 |
17 | | liters (28.53 gallons) of wine, less than 45 liters (11.88 |
18 | | gallons) of distilled spirits, or less than 118 liters (31.17 |
19 | | gallons) of beer at any place within the State without having |
20 | | first obtained a valid license to do so under the provisions of |
21 | | this Act shall be guilty of a business offense and fined not |
22 | | more than $1,000 for the first such offense and shall be guilty |
23 | | of a Class 4 felony for each subsequent offense. This |
24 | | subsection does not apply to a motor carrier or freight |
25 | | forwarder, as defined in Section 13102 of Title 49 of the |
26 | | United States Code, an air carrier, as defined in Section 40102 |
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1 | | of Title 49 of the United States Code, or a rail carrier, as |
2 | | defined in Section 10102 of Title 49 of the United States Code. |
3 | | Any person who both has been issued an initial cease and |
4 | | desist notice from the State Commission and for compensation |
5 | | ships alcoholic liquor into this State without a license |
6 | | authorized by Section 5-1 issued by the State Commission or in |
7 | | violation of that license is guilty of a Class 4 felony for |
8 | | each offense. |
9 | | (b) (1) Any retailer, licensed in this State, who knowingly |
10 | | causes to
furnish,
give, sell, or otherwise being within the |
11 | | State, any alcoholic liquor destined
to be used, distributed, |
12 | | consumed or sold in another state, unless such
alcoholic liquor |
13 | | was received in this State by a duly licensed distributor,
or |
14 | | importing distributors shall have his license suspended for 7 |
15 | | days for
the first offense and for the second offense, shall |
16 | | have his license
revoked by the Commission.
|
17 | | (2) In the event the Commission receives a certified copy |
18 | | of a final order
from a foreign jurisdiction that an Illinois |
19 | | retail licensee has been found to
have violated that foreign |
20 | | jurisdiction's laws, rules, or regulations
concerning the |
21 | | importation of alcoholic liquor into that foreign |
22 | | jurisdiction,
the violation may be grounds for the Commission |
23 | | to revoke, suspend, or refuse
to
issue or renew a license, to |
24 | | impose a fine, or to take any additional action
provided by |
25 | | this Act with respect to the Illinois retail license or |
26 | | licensee.
Any such action on the part of the Commission shall |
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1 | | be in accordance with this
Act and implementing rules.
|
2 | | For the purposes of paragraph (2): (i) "foreign |
3 | | jurisdiction" means a
state, territory, or possession of the |
4 | | United States, the District of Columbia,
or the Commonwealth of |
5 | | Puerto Rico, and (ii) "final order" means an order or
judgment |
6 | | of a court or administrative body that determines the rights of |
7 | | the
parties respecting the subject matter of the proceeding, |
8 | | that remains in full
force and effect, and from which no appeal |
9 | | can be taken.
|
10 | | (c) Any person who shall make any false statement or |
11 | | otherwise
violates any of the provisions of this Act in |
12 | | obtaining any license
hereunder, or who having obtained a |
13 | | license hereunder shall violate any
of the provisions of this |
14 | | Act with respect to the manufacture,
possession, distribution |
15 | | or sale of alcoholic liquor, or with respect to
the maintenance |
16 | | of the licensed premises, or shall violate any other
provision |
17 | | of this Act, shall for a first offense be guilty of a petty
|
18 | | offense and fined not more than $500, and for a second or |
19 | | subsequent
offense shall be guilty of a Class B misdemeanor.
|
20 | | (c-5) Any owner of an establishment that serves alcohol on |
21 | | its premises, if more than 50% of the establishment's gross |
22 | | receipts within the prior 3 months is from the sale of alcohol, |
23 | | who knowingly fails to prohibit concealed firearms on its |
24 | | premises or who knowingly makes a false statement or record to |
25 | | avoid the prohibition of concealed firearms on its premises |
26 | | under the Firearm Concealed Carry Act shall be guilty of a |
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1 | | business offense with a fine up to $5,000. |
2 | | (d) Each day any person engages in business as a |
3 | | manufacturer,
foreign importer, importing distributor, |
4 | | distributor or retailer in
violation of the provisions of this |
5 | | Act shall constitute a separate offense.
|
6 | | (e) Any person, under the age of 21 years who, for the |
7 | | purpose
of buying, accepting or receiving alcoholic liquor from |
8 | | a
licensee, represents that he is 21 years of age or over shall |
9 | | be guilty
of a Class A misdemeanor.
|
10 | | (f) In addition to the penalties herein provided, any |
11 | | person
licensed as a wine-maker in either class who |
12 | | manufactures more wine than
authorized by his license shall be |
13 | | guilty of a business offense and shall be
fined $1 for each |
14 | | gallon so manufactured.
|
15 | | (g) A person shall be exempt from prosecution for a |
16 | | violation of this
Act if he is a peace officer in the |
17 | | enforcement of the criminal laws and
such activity is approved |
18 | | in writing by one of the following:
|
19 | | (1) In all counties, the respective State's Attorney;
|
20 | | (2) The Superintendent Director of State Police under
|
21 | | Section 2605-10, 2605-15, 2605-75, 2605-100, 2605-105, |
22 | | 2605-110,
2605-115, 2605-120, 2605-130, 2605-140, |
23 | | 2605-190, 2605-200, 2605-205, 2605-210,
2605-215, |
24 | | 2605-250, 2605-275, 2605-300, 2605-305, 2605-315, |
25 | | 2605-325, 2605-335,
2605-340,
2605-350, 2605-355, |
26 | | 2605-360, 2605-365, 2605-375, 2605-390, 2605-400, |
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1 | | 2605-405,
2605-420,
2605-430, 2605-435, 2605-500, |
2 | | 2605-525, or 2605-550 of the Department of State
Police Law |
3 | | (20 ILCS 2605/2605-10, 2605/2605-15, 2605/2605-75,
|
4 | | 2605/2605-100, 2605/2605-105, 2605/2605-110, |
5 | | 2605/2605-115,
2605/2605-120, 2605/2605-130, |
6 | | 2605/2605-140, 2605/2605-190, 2605/2605-200,
|
7 | | 2605/2605-205, 2605/2605-210, 2605/2605-215, |
8 | | 2605/2605-250, 2605/2605-275,
2605/2605-300,
|
9 | | 2605/2605-305, 2605/2605-315, 2605/2605-325, |
10 | | 2605/2605-335, 2605/2605-340,
2605/2605-350, |
11 | | 2605/2605-355, 2605/2605-360,
2605/2605-365, |
12 | | 2605/2605-375, 2605/2605-390,
2605/2605-400, |
13 | | 2605/2605-405, 2605/2605-420, 2605/2605-430, |
14 | | 2605/2605-435,
2605/2605-500, 2605/2605-525, or |
15 | | 2605/2605-550); or
|
16 | | (3) In cities over 1,000,000, the Superintendent of |
17 | | Police.
|
18 | | (Source: P.A. 98-63, eff. 7-9-13; 99-904, eff. 1-1-17 .)
|
19 | | Section 155. The Intergovernmental Missing Child Recovery |
20 | | Act of 1984 is amended by changing Sections 2, 6, and 8 as |
21 | | follows:
|
22 | | (325 ILCS 40/2) (from Ch. 23, par. 2252)
|
23 | | Sec. 2. As used in this Act: |
24 | | (a) "Department" means the Department of State Police.
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1 | | (b) "Superintendent" "Director" means the Superintendent |
2 | | Director of the Department of State Police.
|
3 | | (c) "Unit of local government" is defined as in Article |
4 | | VII, Section 1
of the Illinois Constitution and includes both |
5 | | home rule units and units
which are not home rule units. The |
6 | | term is also defined to include all
public school districts |
7 | | subject to the provisions of the School Code.
|
8 | | (d) "Child" means a person under 21 years of age.
|
9 | | (e) A "LEADS terminal" is an interactive computerized |
10 | | communication and
processing unit which permits a direct |
11 | | on-line communication with the
Department of State Police's |
12 | | central data repository, the Law Enforcement
Agencies Data |
13 | | System (LEADS).
|
14 | | (f) A "primary contact agency" means a law enforcement |
15 | | agency which
maintains a LEADS terminal, or has immediate |
16 | | access to one on a
24-hour-per-day, 7-day-per-week basis by |
17 | | written agreement with another law
enforcement agency.
|
18 | | (g) (Blank).
|
19 | | (h) "Missing child" means any person under 21 years of age |
20 | | whose whereabouts
are unknown to his or her parents or legal |
21 | | guardian.
|
22 | | (i) "Exploitation" means activities and actions which |
23 | | include, but are
not limited to, child pornography, aggravated |
24 | | child pornography, child prostitution, child sexual abuse,
|
25 | | drug and substance abuse by children, and child suicide.
|
26 | | (j) (Blank).
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1 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-938, eff. 1-1-13.)
|
2 | | (325 ILCS 40/6) (from Ch. 23, par. 2256)
|
3 | | Sec. 6. The Department shall:
|
4 | | (a) Establish and maintain a statewide Law Enforcement |
5 | | Agencies Data
System (LEADS) for the purpose of effecting an |
6 | | immediate law enforcement
response to reports of missing |
7 | | children. The Department shall implement an
automated data |
8 | | exchange system to compile, to maintain and to make
available |
9 | | for dissemination to Illinois and out-of-State law enforcement
|
10 | | agencies, data which can assist appropriate agencies in |
11 | | recovering missing
children.
|
12 | | (b) Establish contacts and exchange information regarding |
13 | | lost, missing or
runaway children with nationally recognized |
14 | | "missing person and runaway"
service organizations and monitor |
15 | | national research and publicize important
developments.
|
16 | | (c) Provide a uniform reporting format for the entry of |
17 | | pertinent
information regarding reports of missing children |
18 | | into LEADS.
|
19 | | (d) Develop and implement a policy whereby a statewide or |
20 | | regional alert
would be used in situations relating to the |
21 | | disappearances of children,
based on criteria and in a format |
22 | | established by the Department. Such a
format shall include, but |
23 | | not be limited to, the age and physical description
of the |
24 | | missing child and the suspected circumstances of the |
25 | | disappearance.
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1 | | (e) Notify all law enforcement agencies that reports of |
2 | | missing persons
shall be entered as soon as the minimum level |
3 | | of data specified by the
Department is available to the |
4 | | reporting agency and that no waiting period
for entry of such |
5 | | data exists.
|
6 | | (f) Provide a procedure for prompt confirmation of the |
7 | | receipt and entry of
the missing child report into LEADS to the |
8 | | parent or guardian of the missing
child.
|
9 | | (g) Compile and retain information regarding missing |
10 | | children in a
separate data file, in a manner that allows such |
11 | | information to be used by
law enforcement and other agencies |
12 | | deemed appropriate by the Superintendent Director , for
|
13 | | investigative purposes. Such files shall be updated to reflect |
14 | | and include
information relating to the disposition of the |
15 | | case.
|
16 | | (h) Compile and maintain an historic data repository |
17 | | relating to missing
children in order (1) to develop and |
18 | | improve techniques utilized by law
enforcement agencies when |
19 | | responding to reports of missing children and (2)
to provide a |
20 | | factual and statistical base for research that would address
|
21 | | the problem of missing children.
|
22 | | (i) Create a quality control program to monitor timeliness |
23 | | of entries of
missing children reports into LEADS and conduct |
24 | | performance audits of all
entering agencies.
|
25 | | (j) Prepare a periodic information bulletin concerning |
26 | | missing children
who it determines may be present in this |
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1 | | State, compiling such bulletin from
information contained in |
2 | | both the National Crime Information Center computer
and from |
3 | | reports, alerts and other information entered into LEADS or
|
4 | | otherwise compiled and retained by the Department pursuant to |
5 | | this Act. The
bulletin shall indicate the name, age, physical |
6 | | description, suspected
circumstances of disappearance if that |
7 | | information is available, a photograph
if one is available, the |
8 | | name of the law enforcement agency investigating the
case, and |
9 | | such other information as the Superintendent Director |
10 | | considers appropriate
concerning each missing child who the |
11 | | Department determines may be present in
this State. The |
12 | | Department shall send a copy of each periodic information
|
13 | | bulletin to the State Board of Education for its use in |
14 | | accordance with Section
2-3.48 of the School Code. The |
15 | | Department shall provide a copy of the bulletin,
upon request, |
16 | | to law enforcement agencies of this or any other state or of |
17 | | the
federal government, and may provide a copy of the bulletin, |
18 | | upon request, to
other persons or entities, if deemed |
19 | | appropriate by the Superintendent Director , and may
establish |
20 | | limitations on its use and a reasonable fee for so providing |
21 | | the
same, except that no fee shall be charged for providing the |
22 | | periodic
information bulletin to the State Board of Education, |
23 | | appropriate units of
local government, State agencies, or law |
24 | | enforcement agencies of this or any
other state or of the |
25 | | federal government.
|
26 | | (k) Provide for the entry into LEADS of the names and |
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1 | | addresses of sex
offenders as defined in the Sex Offender |
2 | | Registration Act who are required to
register under that Act. |
3 | | The information shall be immediately accessible to
law |
4 | | enforcement agencies and peace officers of this State or any |
5 | | other state or
of the federal government. Similar information |
6 | | may be requested from any other
state or of the federal |
7 | | government for purposes of this Act.
|
8 | | (l) Provide for the entry into LEADS of the names and |
9 | | addresses of violent offenders against youth as defined in the |
10 | | Murderer and Violent Offender Against Youth Registration Act |
11 | | who are required to
register under that Act. The information |
12 | | shall be immediately accessible to
law enforcement agencies and |
13 | | peace officers of this State or any other state or
of the |
14 | | federal government. Similar information may be requested from |
15 | | any other
state or of the federal government for purposes of |
16 | | this Act.
|
17 | | (Source: P.A. 97-154, eff. 1-1-12.)
|
18 | | (325 ILCS 40/8) (from Ch. 23, par. 2258)
|
19 | | Sec. 8.
The Superintendent Director shall report by June 30 |
20 | | of each year to the
Governor and the General Assembly on the |
21 | | operations of the State Missing Persons Clearinghouse for the |
22 | | previous
calendar year.
|
23 | | (Source: P.A. 97-938, eff. 1-1-13.)
|
24 | | Section 160. The Vital Records Act is amended by changing |
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1 | | Section 15.1 as follows:
|
2 | | (410 ILCS 535/15.1) (from Ch. 111 1/2, par. 73-15.1)
|
3 | | Sec. 15.1.
(1) The Superintendent Director of the |
4 | | Department of State Police or his
designee may obtain a |
5 | | registration of a fictitious vital record for the purpose
and |
6 | | in the manner prescribed in this Section.
|
7 | | (2) A registration of a fictitious vital record may be |
8 | | obtained pursuant to
this Section only for law enforcement
|
9 | | purposes in providing: (a) witnesses with new identification to |
10 | | protect
them during and following criminal investigations or |
11 | | proceedings; and (b) law
enforcement officers with new |
12 | | identification to enable them to escape detection
while |
13 | | performing criminal investigations.
|
14 | | (3) The Superintendent Director of State Police or his |
15 | | designee may apply to the
circuit court on behalf of a person |
16 | | for an order directing the State
Registrar of Vital Records to |
17 | | establish a fictitious vital record
if it is determined by the |
18 | | Superintendent Director that normal procedures of
|
19 | | investigation or protection are inadequate or reasonably |
20 | | appear to be
unlikely to succeed if tried or are too dangerous |
21 | | to employ.
The court shall fix a time and
place for hearing the |
22 | | application and, if it finds that the application
should be |
23 | | granted, shall order the State Registrar of Vital Records to
|
24 | | establish the vital record requested. The order shall include |
25 | | the
data to be
registered, and shall be delivered in person by |
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1 | | the designee of the Superintendent
Director of the Department |
2 | | of State Police to the State Registrar of Vital
Records. Upon |
3 | | receipt of such order,
the State Registrar of Vital Records |
4 | | shall establish a vital record
as if such data had been |
5 | | registered pursuant to Section 12 or 18 of this
Act or pursuant |
6 | | to Section 210 or 413 of the Illinois Marriage and
Dissolution |
7 | | of Marriage Act.
|
8 | | (4) The general public shall be excluded from any hearing |
9 | | on an
application for an order under this Section and only |
10 | | persons, including
representatives of agencies, who in the |
11 | | opinion of the court have a direct
interest in the matter of |
12 | | the application shall be admitted to the hearing.
|
13 | | (5) The court's file relating to any proceeding under this |
14 | | Section shall
be impounded by the clerk of the court and shall |
15 | | be opened for examination
only upon specific order of the |
16 | | court, which order shall name the person or
persons who are to |
17 | | be permitted to examine such file. Certified copies of
any |
18 | | paper or document contained in any file so impounded shall be |
19 | | made only on like order.
|
20 | | (6) Any documentation concerning a vital record registered |
21 | | pursuant to
this Section, including any court order entered |
22 | | under subsection (3),
maintained by the Department of State |
23 | | Police
or by the State Registrar of Vital Records
shall be |
24 | | sealed. Such documentation maintained by the Registrar of Vital
|
25 | | Records shall be opened for examination only upon specific
|
26 | | order of the court, which order shall name the person or |
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1 | | persons who are to
be permitted to examine such file. Such |
2 | | documentation maintained by the
Department of State Police |
3 | | shall be opened for examination only upon the
written |
4 | | permission of the Superintendent Director of that Department or |
5 | | his designee.
|
6 | | (7) The Registrar of Vital Records shall immediately notify |
7 | | the Superintendent
Director of the Department of State Police |
8 | | or his designee upon receiving
any request for a copy of or |
9 | | information concerning any vital record
registered pursuant to |
10 | | this Section.
|
11 | | (8) If the court order directing the State Registrar of |
12 | | Vital Records
to establish a fictitious vital record does not |
13 | | specify a time for the
destruction or elimination of such vital |
14 | | record, the fictitious vital
record shall be destroyed or |
15 | | eliminated at the conclusion of the
investigation or when the |
16 | | Superintendent Director of the Department of State Police
|
17 | | determines that such record is no longer necessary. After the |
18 | | destruction
of such record, the Superintendent Director of the |
19 | | Department of State Police shall so notify
the court which |
20 | | entered the order directing the establishment of the
fictitious |
21 | | vital record.
|
22 | | (Source: P.A. 85-829.)
|
23 | | Section 165. The Hazardous Materials Emergency Act is |
24 | | amended by changing Section 4 as follows:
|
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1 | | (430 ILCS 50/4) (from Ch. 127, par. 1254)
|
2 | | (Section scheduled to be repealed on January 1, 2018)
|
3 | | Sec. 4.
There is hereby created a Hazardous Materials |
4 | | Advisory
Board, composed of 21 members as follows: the Director |
5 | | of the
Illinois
Emergency Management Agency, or his designee; |
6 | | the Director of Agriculture or
his designee; the Chairman of |
7 | | the Illinois Commerce Commission or his
designee;
the Director |
8 | | of Public Health or his designee; the Director of the
|
9 | | Environmental Protection Agency or his designee; the Secretary |
10 | | of
Transportation or his designee; the State Fire Marshal or |
11 | | his designee; the Superintendent
Director of State Police or |
12 | | his designee; the Director of
Natural Resources or his |
13 | | designee; the Illinois Attorney General or his
designee; the |
14 | | Director of
Nuclear Safety or his designee; the Executive |
15 | | Director of the Illinois Law
Enforcement Training Standards |
16 | | Board or his designee; the Director of the
Illinois Fire |
17 | | Service Institute, University of Illinois, or his designee; and
|
18 | | a representative from the
Illinois
Association of Chiefs of |
19 | | Police; the Illinois Fire Chiefs Association; the
Illinois |
20 | | Sheriffs' Association; the Illinois Emergency Services |
21 | | Management
Association; and 4 members appointed by the |
22 | | Governor,
one of whom shall represent volunteer firefighters, |
23 | | one of whom
shall
represent the local emergency response |
24 | | service and two shall represent the
business community. The |
25 | | Chairman shall be selected by the membership from
those members |
26 | | not representing a State agency.
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1 | | The Board shall meet within 90 days of January 1, 1985 (the |
2 | | effective date of Public Act 83-1368) to select a chairman, |
3 | | other officers and establish
an organization structure as the |
4 | | members deem necessary and thereafter at
the call of the chair |
5 | | or any 11 members. A
person who has been designated by the |
6 | | Director of his department to
represent the Director on the |
7 | | Board shall be entitled to vote on all
questions before the |
8 | | Board. Eleven members of the Board constitute a quorum,
except |
9 | | that where members have not been appointed or designated
to the |
10 | | Board, a quorum shall be constituted by a simple majority of |
11 | | the
appointed or designated membership.
|
12 | | The Board shall advise and make recommendations to the |
13 | | Agency
regarding
the reporting of an accident involving |
14 | | hazardous materials and to the
Department regarding the |
15 | | placarding of transportation of hazardous
materials. The Board |
16 | | shall design a program and develop a Statewide
plan providing |
17 | | for a
coordinating system among State agencies and departments |
18 | | and units of
local government, for response to
accidents |
19 | | involving hazardous materials. Every attempt shall be made to
|
20 | | avoid requiring any person to report an accident involving |
21 | | hazardous
materials to more than one State agency. If at all |
22 | | possible, the
primary agency receiving the reports shall be the |
23 | | Illinois
Emergency Management Agency, and that agency shall |
24 | | relay reports to other State
and local agencies.
|
25 | | The Board shall form from among its members, an Emergency |
26 | | Response
Training and Standards Committee. The Secretary of |
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1 | | Transportation or his
designee, the State Fire Marshal or his |
2 | | designee, and the representatives from
the Chiefs of Police, |
3 | | Fire Chiefs and Sheriffs' Association shall also serve
on the |
4 | | Committee. It shall be the duty of this Committee, with final
|
5 | | approval of the Board, to recommend standardized training |
6 | | courses for
firefighters, police officers, and other hazardous |
7 | | material
emergency response
personnel of the State and local |
8 | | governments; to recommend standards for
hazardous material |
9 | | emergency response equipment; and recommend
standards for |
10 | | achievement levels for the various hazardous material
|
11 | | emergency response personnel.
The standardized courses shall |
12 | | include training for firefighters, police
officers, and other |
13 | | hazardous material emergency response personnel
described in |
14 | | the federal regulations relating to the placarding system that
|
15 | | has been promulgated under the Hazardous Materials |
16 | | Transportation Act
(P.L. 93-633).
|
17 | | The Board shall review and recommend the material to be |
18 | | provided under
Sections 5.04, 5.05, and 5.06 of this Act and |
19 | | assure the development of a
plan for those activities in |
20 | | Section 5.07 of this Act.
|
21 | | The Board shall have the duty to study and recommend to the |
22 | | various State
agencies, local governments and the General |
23 | | Assembly any aspect of
placarding in transportation, hazard |
24 | | signage systems, the training of
hazardous material emergency |
25 | | response personnel, the equipment
used in hazardous material |
26 | | emergency response, the planning for hazardous
material |
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1 | | emergency response, and the dissemination of information |
2 | | concerning
these areas.
|
3 | | The Department of Transportation and the Illinois |
4 | | Emergency Management
Agency shall furnish meeting facilities, |
5 | | staff, and other administrative
needs of the Board.
The Agency |
6 | | or the Department shall inform the Board whenever the Agency or
|
7 | | the Department is considering the adoption of any regulations
|
8 | | under this Act. The Agency or the Department shall send a copy |
9 | | of
all proposed regulations to each member of the Board; the |
10 | | Board shall be
represented at all public hearings regarding |
11 | | proposals for and changes
in Agency or the Department |
12 | | regulations. The Board may, at its
discretion, present the |
13 | | Agency or the Department with its written
evaluation of the |
14 | | proposed regulations or changes.
|
15 | | Before the Department exempts any hazardous material
from |
16 | | the placarding regulations, under Section 3 of this Act, the
|
17 | | Board must approve the regulations providing for the exemption.
|
18 | | (Source: P.A. 99-642, eff. 7-28-16. Repealed by P.A. 100-129, |
19 | | eff. 1-1-18.)
|
20 | | Section 170. The Firearm Owners Identification Card Act is |
21 | | amended by changing Sections 10, 11, 13.3, and 15b as follows:
|
22 | | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
|
23 | | Sec. 10. Appeal to Superintendent director ; hearing; |
24 | | relief from firearm prohibitions. |
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1 | | (a) Whenever an application for a Firearm Owner's |
2 | | Identification
Card is denied, whenever the Department fails to |
3 | | act on an application
within 30 days of its receipt, or |
4 | | whenever such a Card is revoked or seized
as provided for in |
5 | | Section 8 of this Act, the aggrieved party may
appeal
to the |
6 | | Superintendent Director of State Police for a hearing upon
such |
7 | | denial, revocation or seizure, unless the denial, revocation, |
8 | | or seizure
was based upon a forcible felony, stalking, |
9 | | aggravated stalking, domestic
battery, any violation of the |
10 | | Illinois Controlled Substances Act, the Methamphetamine |
11 | | Control and Community Protection Act, or the
Cannabis Control |
12 | | Act that is classified as a Class 2 or greater felony,
any
|
13 | | felony violation of Article 24 of the Criminal Code of 1961 or |
14 | | the Criminal Code of 2012, or any
adjudication as a delinquent |
15 | | minor for the commission of an
offense that if committed by an |
16 | | adult would be a felony, in which case the
aggrieved party may |
17 | | petition the circuit court in writing in the county of
his or |
18 | | her residence for a hearing upon such denial, revocation, or |
19 | | seizure.
|
20 | | (b) At least 30 days before any hearing in the circuit |
21 | | court, the
petitioner shall serve the
relevant State's Attorney |
22 | | with a copy of the petition. The State's Attorney
may object to |
23 | | the petition and present evidence. At the hearing the court
|
24 | | shall
determine whether substantial justice has been done. |
25 | | Should the court
determine that substantial justice has not |
26 | | been done, the court shall issue an
order directing the |
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1 | | Department of State Police to issue a Card. However, the court |
2 | | shall not issue the order if the petitioner is otherwise |
3 | | prohibited from obtaining, possessing, or using a firearm under
|
4 | | federal law.
|
5 | | (c) Any person prohibited from possessing a firearm under |
6 | | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or |
7 | | acquiring a Firearm Owner's
Identification Card under Section 8 |
8 | | of this Act may apply to
the Superintendent Director
of State |
9 | | Police
or petition the circuit court in the county where the |
10 | | petitioner resides,
whichever is applicable in accordance with |
11 | | subsection (a) of this Section,
requesting relief
from such |
12 | | prohibition and the Superintendent Director or court may grant |
13 | | such relief if it
is
established by the applicant to the |
14 | | court's or Superintendent's Director's satisfaction
that:
|
15 | | (0.05) when in the circuit court, the State's Attorney |
16 | | has been served
with a written
copy of the
petition at |
17 | | least 30 days before any such hearing in the circuit court |
18 | | and at
the hearing the
State's Attorney was afforded an |
19 | | opportunity to present evidence and object to
the petition;
|
20 | | (1) the applicant has not been convicted of a forcible |
21 | | felony under the
laws of this State or any other |
22 | | jurisdiction within 20 years of the
applicant's |
23 | | application for a Firearm Owner's Identification Card, or |
24 | | at
least 20 years have passed since the end of any period |
25 | | of imprisonment
imposed in relation to that conviction;
|
26 | | (2) the circumstances regarding a criminal conviction, |
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1 | | where applicable,
the applicant's criminal history and his |
2 | | reputation are such that the applicant
will not be likely |
3 | | to act in a manner dangerous to public safety;
|
4 | | (3) granting relief would not be contrary to the public |
5 | | interest; and |
6 | | (4) granting relief would not be contrary to federal |
7 | | law.
|
8 | | (c-5) (1) An active law enforcement officer employed by a |
9 | | unit of government, who is denied, revoked, or has his or her |
10 | | Firearm Owner's Identification Card seized under subsection |
11 | | (e) of Section 8 of this Act may apply to the Superintendent |
12 | | Director of State Police requesting relief if the officer did |
13 | | not act in a manner threatening to the officer, another person, |
14 | | or the public as determined by the treating clinical |
15 | | psychologist or physician, and as a result of his or her work |
16 | | is referred by the employer for or voluntarily seeks mental |
17 | | health evaluation or treatment by a licensed clinical |
18 | | psychologist, psychiatrist, or qualified examiner, and: |
19 | | (A) the officer has not received treatment |
20 | | involuntarily at a mental health facility, regardless of |
21 | | the length of admission; or has not been voluntarily |
22 | | admitted to a mental health facility for more than 30 days |
23 | | and not for more than one incident within the past 5 years; |
24 | | and |
25 | | (B) the officer has not left the mental institution |
26 | | against medical advice. |
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1 | | (2) The Superintendent Director of State Police shall grant |
2 | | expedited relief to active law enforcement officers described |
3 | | in paragraph (1) of this subsection (c-5) upon a determination |
4 | | by the Superintendent Director that the officer's possession of |
5 | | a firearm does not present a threat to themselves, others, or |
6 | | public safety. The Superintendent Director shall act on the |
7 | | request for relief within 30 business days of receipt of: |
8 | | (A) a notarized statement from the officer in the form |
9 | | prescribed by the Superintendent Director detailing the |
10 | | circumstances that led to the hospitalization; |
11 | | (B) all documentation regarding the admission, |
12 | | evaluation, treatment and discharge from the treating |
13 | | licensed clinical psychologist or psychiatrist of the |
14 | | officer; |
15 | | (C) a psychological fitness for duty evaluation of the |
16 | | person completed after the time of discharge; and |
17 | | (D) written confirmation in the form prescribed by the |
18 | | Superintendent Director from the treating licensed |
19 | | clinical psychologist or psychiatrist that the provisions |
20 | | set forth in paragraph (1) of this subsection (c-5) have |
21 | | been met, the person successfully completed treatment, and |
22 | | their professional opinion regarding the person's ability |
23 | | to possess firearms. |
24 | | (3) Officers eligible for the expedited relief in paragraph |
25 | | (2) of this subsection (c-5) have the burden of proof on |
26 | | eligibility and must provide all information required. The |
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1 | | Superintendent Director may not consider granting expedited |
2 | | relief until the proof and information is received. |
3 | | (4) "Clinical psychologist", "psychiatrist", and |
4 | | "qualified examiner" shall have the same meaning as provided in |
5 | | Chapter I of the Mental Health and Developmental Disabilities |
6 | | Code. |
7 | | (c-10) (1) An applicant, who is denied, revoked, or has his |
8 | | or her Firearm Owner's Identification Card seized under |
9 | | subsection (e) of Section 8 of this Act based upon a |
10 | | determination of a developmental disability or an intellectual |
11 | | disability may apply to the Superintendent Director of State |
12 | | Police requesting relief. |
13 | | (2) The Superintendent Director shall act on the request |
14 | | for relief within 60 business days of receipt of written |
15 | | certification, in the form prescribed by the Superintendent |
16 | | Director , from a physician or clinical psychologist, or |
17 | | qualified examiner, that the aggrieved party's developmental |
18 | | disability or intellectual disability condition is determined |
19 | | by a physician, clinical psychologist, or qualified to be mild. |
20 | | If a fact-finding conference is scheduled to obtain additional |
21 | | information concerning the circumstances of the denial or |
22 | | revocation, the 60 business days the Superintendent Director |
23 | | has to act shall be tolled until the completion of the |
24 | | fact-finding conference. |
25 | | (3) The Superintendent Director may grant relief if the |
26 | | aggrieved party's developmental disability or intellectual |
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1 | | disability is mild as determined by a physician, clinical |
2 | | psychologist, or qualified examiner and it is established by |
3 | | the applicant to the Superintendent's Director's satisfaction |
4 | | that: |
5 | | (A) granting relief would not be contrary to the public |
6 | | interest; and |
7 | | (B) granting relief would not be contrary to federal |
8 | | law. |
9 | | (4) The Superintendent Director may not grant relief if the |
10 | | condition is determined by a physician, clinical psychologist, |
11 | | or qualified examiner to be moderate, severe, or profound. |
12 | | (5) The changes made to this Section by this amendatory Act |
13 | | of the 99th General Assembly apply to requests for
relief |
14 | | pending on or before the effective date of this amendatory Act, |
15 | | except that the 60-day period for the Superintendent Director |
16 | | to act on requests pending before the effective date shall |
17 | | begin
on the effective date of this amendatory Act. |
18 | | (d) When a minor is adjudicated delinquent for an offense |
19 | | which if
committed by an adult would be a felony, the court |
20 | | shall notify the Department
of State Police.
|
21 | | (e) The court shall review the denial of an application or |
22 | | the revocation of
a Firearm Owner's Identification Card of a |
23 | | person who has been adjudicated
delinquent for an offense that |
24 | | if
committed by an adult would be a felony if an
application |
25 | | for relief has been filed at least 10 years after the |
26 | | adjudication
of delinquency and the court determines that the |
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1 | | applicant should be
granted relief from disability to obtain a |
2 | | Firearm Owner's Identification Card.
If the court grants |
3 | | relief, the court shall notify the Department of State
Police |
4 | | that the disability has
been removed and that the applicant is |
5 | | eligible to obtain a Firearm Owner's
Identification Card.
|
6 | | (f) Any person who is subject to the disabilities of 18 |
7 | | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act |
8 | | of 1968 because of an adjudication or commitment that occurred |
9 | | under the laws of this State or who was determined to be |
10 | | subject to the provisions of subsections (e), (f), or (g) of |
11 | | Section 8 of this Act may apply to the Department of State |
12 | | Police requesting relief from that prohibition. The |
13 | | Superintendent Director shall grant the relief if it is |
14 | | established by a preponderance of the evidence that the person |
15 | | will not be likely to act in a manner dangerous to public |
16 | | safety and that granting relief would not be contrary to the |
17 | | public interest. In making this determination, the |
18 | | Superintendent Director shall receive evidence concerning (i) |
19 | | the circumstances regarding the firearms disabilities from |
20 | | which relief is sought; (ii) the petitioner's mental health and |
21 | | criminal history records, if any; (iii) the petitioner's |
22 | | reputation, developed at a minimum through character witness |
23 | | statements, testimony, or other character evidence; and (iv) |
24 | | changes in the petitioner's condition or circumstances since |
25 | | the disqualifying events relevant to the relief sought. If |
26 | | relief is granted under this subsection or by order of a court |
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1 | | under this Section, the Superintendent Director shall as soon |
2 | | as practicable but in no case later than 15 business days, |
3 | | update, correct, modify, or remove the person's record in any |
4 | | database that the Department of State Police makes available to |
5 | | the National Instant Criminal Background Check System and |
6 | | notify the United States Attorney General that the basis for |
7 | | the record being made available no longer applies. The |
8 | | Department of State Police shall adopt rules for the |
9 | | administration of this Section. |
10 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78, |
11 | | eff. 7-20-15.)
|
12 | | (430 ILCS 65/11) (from Ch. 38, par. 83-11)
|
13 | | Sec. 11. Judicial review of final administrative |
14 | | decisions. |
15 | | (a) All final administrative decisions of the Department |
16 | | under this
Act, except final administrative decisions of the |
17 | | Superintendent Director of State Police to deny a person's |
18 | | application for relief under subsection (f) of Section 10 of |
19 | | this Act, shall be subject to judicial review under the |
20 | | provisions of the Administrative
Review Law, and all amendments |
21 | | and
modifications thereof, and the rules adopted pursuant |
22 | | thereto. The term
"administrative decision" is defined as in |
23 | | Section 3-101 of the Code of
Civil Procedure.
|
24 | | (b) Any final administrative decision by the |
25 | | Superintendent Director of State Police to deny a person's |
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1 | | application for relief under subsection (f) of Section 10 of |
2 | | this Act is subject to de novo judicial review by the circuit |
3 | | court, and any party may offer evidence that is otherwise |
4 | | proper and admissible without regard to whether that evidence |
5 | | is part of the administrative record. |
6 | | (c) The Superintendent Director of State Police shall |
7 | | submit a report to the General
Assembly on March 1 of each |
8 | | year, beginning March 1, 1991, listing all
final decisions by a |
9 | | court of this State upholding, reversing, or
reversing in part |
10 | | any administrative decision made by the Department of State |
11 | | Police.
|
12 | | (Source: P.A. 97-1131, eff. 1-1-13.)
|
13 | | (430 ILCS 65/13.3)
|
14 | | Sec. 13.3. Municipal ordinance submission. Within 6 months |
15 | | after the
effective date of
this amendatory Act of the 92nd |
16 | | General Assembly, every municipality must
submit
to the |
17 | | Department of State Police a copy of every ordinance adopted by |
18 | | the
municipality
that regulates the acquisition, possession, |
19 | | sale, or transfer of firearms
within the
municipality
and must |
20 | | submit, 30 days after adoption, every such ordinance
adopted
|
21 | | after its initial submission of ordinances under this Section. |
22 | | The Department
of State Police shall compile these ordinances |
23 | | and
publish
them in a form available to the public free of |
24 | | charge and shall periodically
update this
compilation of |
25 | | ordinances in a manner prescribed by the Superintendent |
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1 | | Director of State
Police.
|
2 | | (Source: P.A. 92-238, eff. 8-3-01.)
|
3 | | (430 ILCS 65/15b)
|
4 | | Sec. 15b. Certified abstracts. Any certified abstract |
5 | | issued by the Superintendent
Director of State
Police or |
6 | | transmitted electronically by the Superintendent Director of |
7 | | State Police under this
Section to a
court or on request of a |
8 | | law enforcement agency for the record of a named
person as to
|
9 | | the status of the person's Firearm Owner's Identification Card |
10 | | is prima facie
evidence of
the facts stated in the certified |
11 | | abstract and if the name appearing in the
abstract is the
same |
12 | | as that of a person named in an information or warrant, the |
13 | | abstract is
prima facie
evidence that the person named in the |
14 | | information or warrant is the same person
as the
person named |
15 | | in the abstract and is admissible for any prosecution under |
16 | | this
Act or any
other applicable violation of law and may be |
17 | | admitted as proof of any prior
conviction or proof of records, |
18 | | notices, or orders recorded on individual
Firearm Owner's |
19 | | Identification Card records maintained by the Department of
|
20 | | State Police.
|
21 | | (Source: P.A. 92-839, eff. 8-22-02.)
|
22 | | Section 175. The Firearm Concealed Carry Act is amended by |
23 | | changing Sections 5 and 87 as follows: |
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1 | | (430 ILCS 66/5)
|
2 | | Sec. 5. Definitions. As used in this Act: |
3 | | "Applicant" means a person who is applying for a license to |
4 | | carry a concealed firearm under this Act. |
5 | | "Board" means the Concealed Carry Licensing Review Board. |
6 | | "Concealed firearm" means a loaded or unloaded handgun |
7 | | carried on or about a person completely or mostly concealed |
8 | | from view of the public or on or about a person within a |
9 | | vehicle. |
10 | | "Department" means the Department of State Police. |
11 | | "Superintendent" "Director" means the Superintendent |
12 | | Director of State Police. |
13 | | "Handgun" means any device which is designed to expel a |
14 | | projectile or projectiles by the action of an explosion, |
15 | | expansion of gas, or escape of gas that is designed to be held |
16 | | and fired by the use of a single hand. "Handgun" does not |
17 | | include: |
18 | | (1) a stun gun or taser; |
19 | | (2) a machine gun as defined in item (i) of paragraph |
20 | | (7) of subsection (a) of Section 24-1 of the Criminal Code |
21 | | of 2012; |
22 | | (3) a short-barreled rifle or shotgun as defined in |
23 | | item (ii) of paragraph (7) of subsection (a) of Section |
24 | | 24-1 of the Criminal Code of 2012; or |
25 | | (4) any pneumatic gun, spring gun, paint ball gun, or |
26 | | B-B gun which
expels a single globular projectile not |
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1 | | exceeding .18 inch in
diameter, or which has a maximum |
2 | | muzzle velocity of less than 700 feet
per second, or which |
3 | | expels breakable paint balls containing washable marking |
4 | | colors. |
5 | | "Law enforcement agency" means any federal, State, or local |
6 | | law enforcement agency, including offices of State's Attorneys |
7 | | and the Office of the Attorney General. |
8 | | "License" means a license issued by the Department of State |
9 | | Police to carry a concealed handgun. |
10 | | "Licensee" means a person issued a license to carry a |
11 | | concealed handgun. |
12 | | "Municipality" has the meaning ascribed to it in Section 1 |
13 | | of Article VII of the Illinois Constitution. |
14 | | "Unit of local government" has the meaning ascribed to it |
15 | | in Section 1 of Article VII of the Illinois Constitution.
|
16 | | (Source: P.A. 98-63, eff. 7-9-13.) |
17 | | (430 ILCS 66/87)
|
18 | | Sec. 87. Administrative and judicial review. |
19 | | (a) Whenever an application for a concealed carry license |
20 | | is denied, whenever the Department fails to act on an |
21 | | application
within 90 days of its receipt, or whenever a |
22 | | license is revoked or suspended as provided in this Act, the |
23 | | aggrieved party may
appeal
to the Superintendent Director for a |
24 | | hearing upon
the denial, revocation, suspension, or failure to |
25 | | act on the application, unless the denial
was made by the |
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1 | | Concealed Carry Licensing Review Board, in which case the
|
2 | | aggrieved party may petition the circuit court in writing in |
3 | | the county of
his or her residence for a hearing upon the |
4 | | denial. |
5 | | (b) All final administrative decisions of the Department or |
6 | | the Concealed Carry Licensing Review Board under this
Act shall |
7 | | be subject to judicial review under the provisions of the |
8 | | Administrative
Review Law. The term
"administrative decision" |
9 | | is defined as in Section 3-101 of the Code of
Civil Procedure.
|
10 | | (Source: P.A. 98-63, eff. 7-9-13.) |
11 | | Section 180. The Illinois Vehicle Code is amended by |
12 | | changing Sections 3-648, 4-109, 4-302, 6-106.1a, 11-501.2, and |
13 | | 11-501.8 as follows:
|
14 | | (625 ILCS 5/3-648)
|
15 | | Sec. 3-648. Education license plates.
|
16 | | (a) The Secretary, upon receipt of an application made in |
17 | | the form
prescribed by the Secretary, may issue special |
18 | | registration plates designated
as Education license plates. |
19 | | The special plates issued under this Section
shall be affixed |
20 | | only to passenger vehicles of the first division and motor
|
21 | | vehicles of the second division weighing not more than 8,000 |
22 | | pounds. Plates
issued under this Section shall expire according |
23 | | to the multi-year procedure
established by Section 3-414.1 of |
24 | | this Code.
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1 | | (b) The design and color of the plates
shall be determined |
2 | | by a contest that every elementary school pupil in the
State of |
3 | | Illinois is eligible to enter. The designs submitted for the |
4 | | contest
shall be judged on September 30, 2002, and the winning |
5 | | design shall be selected
by a committee
composed of the |
6 | | Secretary, the Superintendent Director of State Police, 2 |
7 | | members of the
Senate, one member chosen by the President of |
8 | | the Senate and one member chosen
by the
Senate Minority Leader, |
9 | | and 2 members of the House of Representatives, one
member |
10 | | chosen by the Speaker of the House and one member chosen by the |
11 | | House
Minority
Leader.
The
Secretary may allow the plates to be |
12 | | issued as vanity or personalized plates
under Section 3-405.1 |
13 | | of the Code. The Secretary shall prescribe stickers or
decals |
14 | | as provided under Section 3-412 of this Code.
|
15 | | (c) An applicant for the special plate shall be charged a |
16 | | $40 fee for
original issuance,
in addition to the appropriate |
17 | | registration fee.
Of this $40 additional original issuance fee, |
18 | | $15 shall be deposited into the
Secretary of State Special
|
19 | | License Plate Fund, to be used by the Secretary to help defray |
20 | | the
administrative processing costs, and
$25 shall be deposited |
21 | | into the Golden Apple Scholars of Illinois Fund.
For each |
22 | | registration renewal period, a $40 fee, in addition to the
|
23 | | appropriate registration fee, shall be charged.
Of this $40 |
24 | | additional renewal fee, $2 shall be deposited into the |
25 | | Secretary of
State Special License
Plate Fund and $38 shall be |
26 | | deposited into the Golden Apple Scholars of Illinois Fund. Each
|
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1 | | fiscal year, once deposits from the additional original |
2 | | issuance and renewal
fees into the Secretary of State Special |
3 | | License Plate Fund have reached
$500,000, all the amounts |
4 | | received for the additional fees for the balance of
the fiscal |
5 | | year shall be
deposited into the Golden Apple Scholars of |
6 | | Illinois Fund.
|
7 | | (d) The Golden Apple Scholars of Illinois Fund
is created |
8 | | as a special fund in the State treasury. All
moneys in the |
9 | | Golden Apple Scholars of Illinois Fund
shall be apportioned |
10 | | according to Section 52 of the Higher Education Student |
11 | | Assistance Act.
|
12 | | (Source: P.A. 98-533, eff. 8-23-13.)
|
13 | | (625 ILCS 5/4-109)
|
14 | | Sec. 4-109. Motor Vehicle Theft Prevention Program. The |
15 | | Secretary of
State, in conjunction with the Motor Vehicle Theft |
16 | | Prevention and Insurance Verification Council, is
hereby |
17 | | authorized to establish and operate a Motor Vehicle Theft |
18 | | Prevention
Program as follows:
|
19 | | (a) Voluntary program participation.
|
20 | | (b) The registered owner of a motor vehicle interested in |
21 | | participating in
the program shall sign an informed consent |
22 | | agreement designed by the Secretary
of State under subsection |
23 | | (e) of this Section indicating that the motor vehicle
|
24 | | registered to him is not normally operated between the hours of |
25 | | 1:00 a.m. and
5:00 a.m. The form and fee, if any, shall be |
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1 | | submitted to the Secretary of
State for processing.
|
2 | | (c) Upon processing the form, the Secretary of State shall |
3 | | issue to the
registered owner a decal. The registered owner |
4 | | shall affix the decal in a
conspicuous place on his motor |
5 | | vehicle as prescribed by the Secretary of State.
|
6 | | (d) Whenever any law enforcement officer shall see a motor |
7 | | vehicle
displaying a decal issued under the provisions of |
8 | | subsection (c) of this
Section being operated upon the public |
9 | | highways of this State between the
hours of 1:00 a.m. and 5:00 |
10 | | a.m., the officer is authorized to stop that
motor vehicle and |
11 | | to request the driver to produce a valid driver's license
and |
12 | | motor vehicle registration card if required to be carried in |
13 | | the
vehicle. Whenever the operator of a motor
vehicle |
14 | | displaying a decal is unable to produce the documentation set |
15 | | forth
in this Section, the police officer shall investigate |
16 | | further to determine
if the person operating the motor vehicle |
17 | | is the registered owner or has
the authorization of the owner |
18 | | to operate the vehicle.
|
19 | | (e) The Secretary of State, in consultation with the |
20 | | Superintendent Director of the
Department of State Police and |
21 | | Motor Vehicle Theft Prevention and Insurance Verification |
22 | | Council,
shall design the manner and form of the informed |
23 | | consent agreement required
under subsection (b) of this Section |
24 | | and the decal required under subsection
(c) of this Section.
|
25 | | (f) The Secretary of State shall provide for the recording |
26 | | of
registered owners of motor vehicles who participate in the |
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1 | | program. The
records shall be available to all law enforcement |
2 | | departments, agencies,
and forces. The Secretary of State shall |
3 | | cooperate with and assist all law
enforcement officers and |
4 | | other agencies in tracing or examining any
questionable motor |
5 | | vehicles in order to determine the ownership of the motor
|
6 | | vehicles.
|
7 | | (g) A fee not to exceed $10 may be charged for the informed |
8 | | consent form
and decal provided under this Section. The fee, if |
9 | | any, shall be set by the
Motor Vehicle Theft Prevention and |
10 | | Insurance Verification Council and shall be collected by the |
11 | | Secretary
of State and deposited into the Motor Vehicle Theft |
12 | | Prevention and Insurance Verification Trust Fund.
|
13 | | (h) The Secretary of State, in consultation with the |
14 | | Superintendent Director of the
Department of State Police and |
15 | | the Motor Vehicle Theft Prevention and Insurance Verification |
16 | | Council
shall promulgate rules and regulations to effectuate |
17 | | the purposes of this
Section.
|
18 | | (Source: P.A. 100-373, eff. 1-1-18 .)
|
19 | | (625 ILCS 5/4-302) (from Ch. 95 1/2, par. 4-302)
|
20 | | Sec. 4-302. Vehicle Recycling Board. There is hereby |
21 | | created the Vehicle Recycling Board of the State of
Illinois |
22 | | composed of the
Secretary of Transportation, the |
23 | | Superintendent Director
of State Police, the Director of Public |
24 | | Health,
the Director of the Environmental
Protection Agency, |
25 | | the Superintendent of State Troopers or their
designated |
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1 | | representatives. The Governor shall designate the Chairman and
|
2 | | Secretary of the Board.
|
3 | | The Board shall appoint an advisory committee, of no less |
4 | | than 10 members,
to include an official representative of the |
5 | | Office of the Secretary of
State as designated by the |
6 | | Secretary; and other appropriate representatives
from such |
7 | | sources as: statewide associations of city, county and township
|
8 | | governing bodies; knowledgeable successful leaders from the |
9 | | auto recycling
private sector; the State associations of chiefs |
10 | | of police, county sheriffs,
police officers; and State agencies |
11 | | having a direct or indirect relationship
with vehicle |
12 | | recycling.
|
13 | | (Source: P.A. 84-25.)
|
14 | | (625 ILCS 5/6-106.1a)
|
15 | | Sec. 6-106.1a. Cancellation of school bus driver permit; |
16 | | trace of alcohol.
|
17 | | (a) A person who has been issued a school bus driver permit |
18 | | by the Secretary
of State in accordance with Section 6-106.1 of |
19 | | this Code and who drives or is
in actual physical control of a |
20 | | school bus
or any other vehicle owned or operated by or for a |
21 | | public or private
school, or a school operated by a religious |
22 | | institution, when the vehicle is
being used over a regularly |
23 | | scheduled route for the transportation of persons
enrolled as |
24 | | students in grade 12 or below, in connection with any activity |
25 | | of
the entities listed, upon the public highways of this State |
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1 | | shall be
deemed to have given consent to a chemical test or |
2 | | tests of blood, breath, other bodily substance, or
urine for |
3 | | the purpose of determining the alcohol content of the person's |
4 | | blood
if arrested, as evidenced
by the issuance of a Uniform |
5 | | Traffic Ticket for any violation of this
Code or a similar |
6 | | provision of a local ordinance, if a police officer
has |
7 | | probable cause to believe that the driver has consumed any |
8 | | amount of an
alcoholic beverage based upon evidence of the |
9 | | driver's physical condition
or other first hand knowledge of |
10 | | the police officer. The test or tests shall
be administered at |
11 | | the direction of the arresting officer. The law enforcement
|
12 | | agency employing the officer shall designate which of the |
13 | | aforesaid tests shall
be administered. A urine or other bodily |
14 | | substance test may be administered even after a blood or breath
|
15 | | test or both has been administered.
|
16 | | (b) A person who is dead, unconscious, or who is otherwise |
17 | | in a condition
rendering that person incapable of refusal, |
18 | | shall be deemed not to have
withdrawn the consent provided by |
19 | | paragraph (a) of this Section and the test or
tests may be |
20 | | administered subject to the following provisions:
|
21 | | (1) Chemical analysis of the person's blood, urine, |
22 | | breath, or
other bodily substance,
to be considered valid |
23 | | under the provisions of this Section, shall have been
|
24 | | performed according to standards promulgated by the |
25 | | Department of State Police by an
individual
possessing a |
26 | | valid permit issued by the Department of State Police for |
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1 | | this
purpose. The Superintendent
Director of State Police |
2 | | is authorized to approve satisfactory techniques
or
|
3 | | methods, to ascertain the qualifications and competence of |
4 | | individuals to
conduct analyses, to issue
permits that |
5 | | shall be subject to termination or revocation at the |
6 | | direction of
the Department of State Police, and to certify |
7 | | the
accuracy of breath testing
equipment. The
Department of |
8 | | State Police shall prescribe rules as
necessary.
|
9 | | (2) When a person submits to a blood test at the |
10 | | request of a law
enforcement officer under the provisions |
11 | | of this Section, only a physician
authorized to practice |
12 | | medicine, a licensed physician assistant, a licensed |
13 | | advanced practice registered nurse, a registered nurse, or |
14 | | other qualified person
trained in venipuncture and acting |
15 | | under the direction of a licensed physician
may withdraw |
16 | | blood for the purpose of determining the alcohol content.
|
17 | | This limitation does not apply to the taking of breath, |
18 | | other bodily substance, or urine specimens.
|
19 | | (3) The person tested may have a physician, qualified |
20 | | technician, chemist,
registered nurse, or other qualified |
21 | | person of his or her own choosing
administer a chemical |
22 | | test or tests in addition to any test or tests
administered |
23 | | at the direction of a law enforcement officer. The test
|
24 | | administered at the request of the person may be admissible |
25 | | into evidence at a
hearing conducted in accordance with |
26 | | Section 2-118 of this Code. The failure
or inability to |
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1 | | obtain an additional test by a person shall not preclude |
2 | | the
consideration of the previously performed chemical |
3 | | test.
|
4 | | (4) Upon a request of the person who submits to a |
5 | | chemical test or tests
at the request of a law enforcement |
6 | | officer, full information concerning the
test or tests |
7 | | shall be made available to the person or that person's
|
8 | | attorney by the requesting law enforcement agency within 72 |
9 | | hours of receipt of
the test result.
|
10 | | (5) Alcohol concentration means either grams of |
11 | | alcohol per 100
milliliters of blood or grams of alcohol |
12 | | per 210 liters of breath.
|
13 | | (6) If a driver is receiving medical treatment as a |
14 | | result of a motor
vehicle accident, a physician licensed to |
15 | | practice medicine, licensed physician assistant, licensed |
16 | | advanced practice registered nurse, registered nurse,
or |
17 | | other qualified person trained in venipuncture and acting |
18 | | under the
direction of a
licensed physician shall withdraw |
19 | | blood for testing purposes to ascertain the
presence of |
20 | | alcohol upon the specific request of a law enforcement |
21 | | officer.
However, that testing shall not be performed |
22 | | until, in the opinion of the
medical personnel on scene, |
23 | | the withdrawal can be made without interfering with
or |
24 | | endangering the well-being of the patient.
|
25 | | (c) A person requested to submit to a test as provided in |
26 | | this Section shall
be warned
by the law enforcement officer |
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1 | | requesting the test that a refusal to submit to
the test, or
|
2 | | submission to the test resulting in an alcohol concentration of |
3 | | more than 0.00,
may result
in the loss of that person's |
4 | | privilege to possess a school bus driver
permit. The loss of |
5 | | the individual's privilege to possess a school bus driver
|
6 | | permit shall be imposed in accordance with Section 6-106.1b of |
7 | | this Code. A person requested to submit to a test under this |
8 | | Section shall also acknowledge, in writing, receipt of the |
9 | | warning required under this subsection (c). If the person |
10 | | refuses to acknowledge receipt of the warning, the law |
11 | | enforcement officer shall make a written notation on the |
12 | | warning that the person refused to sign the warning. A person's |
13 | | refusal to sign the warning shall not be evidence that the |
14 | | person was not read the warning.
|
15 | | (d) If the person refuses testing or submits to a test that |
16 | | discloses an
alcohol concentration of more than 0.00, the law |
17 | | enforcement officer shall
immediately submit a sworn report to |
18 | | the Secretary of State on a form
prescribed by the Secretary of |
19 | | State certifying that the test or tests were
requested under |
20 | | subsection (a) and the person refused to submit to a test or
|
21 | | tests or submitted to testing which disclosed an alcohol |
22 | | concentration of more
than 0.00. The law enforcement officer |
23 | | shall submit the same sworn report when
a person who has been |
24 | | issued a school bus driver permit and who was operating a
|
25 | | school bus or any other vehicle owned
or operated by or for a |
26 | | public or private school, or a school operated by a
religious |
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1 | | institution, when the vehicle is being used over a regularly
|
2 | | scheduled route for the transportation of persons enrolled as |
3 | | students in grade
12 or below, in connection with
any activity |
4 | | of the entities listed, submits to testing under Section |
5 | | 11-501.1
of this Code and the testing discloses an alcohol |
6 | | concentration of more than
0.00 and less than the alcohol |
7 | | concentration at which driving or being in
actual physical |
8 | | control of a motor vehicle is prohibited under paragraph (1) of
|
9 | | subsection (a) of Section 11-501.
|
10 | | Upon receipt of the sworn report of a law enforcement |
11 | | officer, the Secretary
of State shall enter the school bus |
12 | | driver permit sanction on the
individual's driving record and |
13 | | the sanction shall be effective on the
46th day following the |
14 | | date notice of the sanction was given to the person.
|
15 | | The law enforcement officer submitting the sworn report |
16 | | shall serve immediate
notice of this school bus driver permit |
17 | | sanction on the person and the sanction
shall be effective on |
18 | | the 46th day following the date notice was given.
|
19 | | In cases where the blood alcohol concentration of more than |
20 | | 0.00 is
established by a subsequent analysis of blood, other |
21 | | bodily substance, or urine, the police officer or
arresting |
22 | | agency shall give notice as provided in this Section or by |
23 | | deposit in
the United States mail of that notice in an envelope |
24 | | with postage prepaid and
addressed to that person at his or her |
25 | | last known address and the loss of the
school
bus driver permit |
26 | | shall be effective on the 46th day following the date notice
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1 | | was given.
|
2 | | Upon receipt of the sworn report of a law enforcement |
3 | | officer, the Secretary
of State shall also give notice of the |
4 | | school bus driver permit sanction to the
driver and the |
5 | | driver's current employer by mailing a notice of the effective
|
6 | | date of the sanction to the individual. However, shall the |
7 | | sworn report be
defective by not containing sufficient |
8 | | information or be completed in error,
the notice of the school |
9 | | bus driver permit sanction may not be mailed to the
person or |
10 | | his current employer or entered to the driving record,
but |
11 | | rather the sworn report shall be returned to the issuing law |
12 | | enforcement
agency.
|
13 | | (e) A driver may contest this school bus driver permit |
14 | | sanction by
requesting an administrative hearing with the |
15 | | Secretary of State in accordance
with Section 2-118 of this |
16 | | Code. An individual whose blood alcohol
concentration is shown |
17 | | to be more than 0.00 is not subject to this Section if
he or she |
18 | | consumed alcohol in the performance of a religious service or
|
19 | | ceremony. An individual whose blood alcohol concentration is |
20 | | shown to be more
than 0.00 shall not be subject to this Section |
21 | | if the individual's blood
alcohol concentration resulted only |
22 | | from ingestion of the prescribed or
recommended dosage of |
23 | | medicine that contained alcohol. The petition for that
hearing |
24 | | shall not stay or delay the effective date of the impending |
25 | | suspension.
The scope of this hearing shall be limited to the |
26 | | issues of:
|
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1 | | (1) whether the police officer had probable cause to |
2 | | believe that the
person was driving or in actual physical |
3 | | control of a school bus
or any other vehicle owned or |
4 | | operated by or for a
public or private school, or a
school |
5 | | operated by a religious institution, when the vehicle is |
6 | | being used
over a regularly scheduled route for the |
7 | | transportation of persons enrolled as
students in grade 12 |
8 | | or below, in connection with any activity of the entities
|
9 | | listed, upon the public highways of the State and the |
10 | | police officer had reason
to believe that the person was in |
11 | | violation of any provision of this
Code or a similar |
12 | | provision of a local ordinance; and
|
13 | | (2) whether the person was issued a Uniform Traffic |
14 | | Ticket for any
violation of this Code or a similar |
15 | | provision of a local
ordinance; and
|
16 | | (3) whether the police officer had probable cause to |
17 | | believe that the
driver had
consumed any amount of an |
18 | | alcoholic beverage based upon the driver's
physical |
19 | | actions or other first-hand knowledge of the police |
20 | | officer; and
|
21 | | (4) whether the person, after being advised by the |
22 | | officer that the
privilege to possess a school bus driver |
23 | | permit would be canceled if the person
refused to submit to |
24 | | and complete the test or tests, did refuse to submit to or
|
25 | | complete the test or tests to determine the person's |
26 | | alcohol concentration; and
|
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1 | | (5) whether the person, after being advised by the |
2 | | officer that the
privileges to possess a school bus driver |
3 | | permit would be canceled if the
person submits to a |
4 | | chemical test or tests and the test or tests disclose an
|
5 | | alcohol concentration of more than 0.00 and
the person did |
6 | | submit to and complete the test or tests that determined an
|
7 | | alcohol concentration of more than 0.00; and
|
8 | | (6) whether the test result of an alcohol concentration |
9 | | of more than 0.00
was based upon the person's consumption |
10 | | of alcohol in the performance of a
religious service or |
11 | | ceremony; and
|
12 | | (7) whether the test result of an alcohol concentration |
13 | | of more than 0.00
was based upon the person's consumption |
14 | | of alcohol through ingestion of the
prescribed or |
15 | | recommended dosage of medicine.
|
16 | | The Secretary of State may adopt administrative rules |
17 | | setting forth
circumstances under which the holder of a school |
18 | | bus driver permit is not
required to
appear in
person at the |
19 | | hearing.
|
20 | | Provided that the petitioner may subpoena the officer, the |
21 | | hearing may be
conducted upon a review of the law enforcement |
22 | | officer's own official
reports. Failure of the officer to |
23 | | answer the subpoena shall be grounds for a
continuance if, in |
24 | | the hearing officer's discretion, the continuance is
|
25 | | appropriate. At the conclusion of the hearing held under |
26 | | Section 2-118 of this
Code, the Secretary of State may rescind, |
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1 | | continue, or modify
the school bus driver permit sanction.
|
2 | | (f) The results of any chemical testing performed in |
3 | | accordance with
subsection (a) of this Section are not |
4 | | admissible in any civil or criminal
proceeding, except that the |
5 | | results
of the testing may be considered at a hearing held |
6 | | under Section 2-118 of this
Code. However, the results of the |
7 | | testing may not be used to impose
driver's license sanctions |
8 | | under Section 11-501.1 of this Code. A law
enforcement officer |
9 | | may, however, pursue a statutory summary suspension or |
10 | | revocation of
driving privileges under Section 11-501.1 of this |
11 | | Code if other physical
evidence or first hand knowledge forms |
12 | | the basis of that suspension or revocation.
|
13 | | (g) This Section applies only to drivers who have been |
14 | | issued a school bus
driver permit in accordance with Section |
15 | | 6-106.1 of this Code at the time of
the issuance of the Uniform |
16 | | Traffic Ticket for a violation of this
Code or a similar |
17 | | provision of a local ordinance, and a chemical test
request is |
18 | | made under this Section.
|
19 | | (h) The action of the Secretary of State in suspending, |
20 | | revoking, canceling,
or denying any license, permit, |
21 | | registration, or certificate of title shall be
subject to |
22 | | judicial review in the Circuit Court of Sangamon County or in |
23 | | the
Circuit Court of Cook County, and the provisions of the |
24 | | Administrative Review
Law and its rules are hereby adopted and |
25 | | shall apply to and govern every
action for the judicial review |
26 | | of final acts or decisions of the Secretary of
State under this |
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1 | | Section.
|
2 | | (Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16; |
3 | | 100-513, eff. 1-1-18 .)
|
4 | | (625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
|
5 | | Sec. 11-501.2. Chemical and other tests.
|
6 | | (a) Upon the trial of any civil or criminal action or |
7 | | proceeding arising out
of an arrest for an offense as defined |
8 | | in Section 11-501 or a similar local
ordinance or proceedings |
9 | | pursuant to Section 2-118.1, evidence of the
concentration of |
10 | | alcohol, other drug or drugs, or intoxicating compound or
|
11 | | compounds, or any combination thereof in a person's blood
or |
12 | | breath at the time alleged, as determined by analysis of the |
13 | | person's blood,
urine, breath, or other bodily substance, shall |
14 | | be admissible. Where such test
is made the following provisions |
15 | | shall apply:
|
16 | | 1. Chemical analyses of the person's blood, urine, |
17 | | breath, or other bodily
substance to be considered valid |
18 | | under the provisions of this Section shall
have been |
19 | | performed according to standards promulgated by the |
20 | | Department of State Police
by
a licensed physician, |
21 | | registered nurse, trained phlebotomist, licensed |
22 | | paramedic, or other individual
possessing a valid permit |
23 | | issued by that Department for
this purpose. The |
24 | | Superintendent Director of State Police is authorized to |
25 | | approve satisfactory
techniques or methods, to ascertain |
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1 | | the qualifications and competence of
individuals to |
2 | | conduct such analyses, to issue permits which shall be |
3 | | subject
to termination or revocation at the discretion of |
4 | | that Department and to
certify the accuracy of breath |
5 | | testing equipment. The Department
of
State Police shall |
6 | | prescribe regulations as necessary to
implement this
|
7 | | Section.
|
8 | | 2. When a person in this State shall submit to a blood |
9 | | test at the request
of a law enforcement officer under the |
10 | | provisions of Section 11-501.1, only a
physician |
11 | | authorized to practice medicine, a licensed physician |
12 | | assistant, a licensed advanced practice registered nurse, |
13 | | a registered nurse, trained
phlebotomist, or licensed |
14 | | paramedic, or other
qualified person approved by the |
15 | | Department of State Police may withdraw blood
for the |
16 | | purpose of determining the alcohol, drug, or alcohol and |
17 | | drug content
therein. This limitation shall not apply to |
18 | | the taking of breath, other bodily substance, or urine
|
19 | | specimens.
|
20 | | When a blood test of a person who has been taken to an |
21 | | adjoining state
for medical treatment is requested by an |
22 | | Illinois law enforcement officer,
the blood may be |
23 | | withdrawn only by a physician authorized to practice
|
24 | | medicine in the adjoining state, a licensed physician |
25 | | assistant, a licensed advanced practice registered nurse, |
26 | | a registered nurse, a trained
phlebotomist acting under the |
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1 | | direction of the physician, or licensed
paramedic. The law
|
2 | | enforcement officer requesting the test shall take custody |
3 | | of the blood
sample, and the blood sample shall be analyzed |
4 | | by a laboratory certified by the
Department of State Police |
5 | | for that purpose.
|
6 | | 3. The person tested may have a physician, or a |
7 | | qualified technician,
chemist, registered nurse, or other |
8 | | qualified person of their own choosing
administer a |
9 | | chemical test or tests in addition to any administered at |
10 | | the
direction of a law enforcement officer. The failure or |
11 | | inability to obtain
an additional test by a person shall |
12 | | not preclude the admission of evidence
relating to the test |
13 | | or tests taken at the direction of a law enforcement
|
14 | | officer.
|
15 | | 4. Upon the request of the person who shall submit to a |
16 | | chemical test
or tests at the request of a law enforcement |
17 | | officer, full information
concerning the test or tests |
18 | | shall be made available to the person or such
person's |
19 | | attorney.
|
20 | | 5. Alcohol concentration shall mean either grams of |
21 | | alcohol per 100
milliliters of blood or grams of alcohol |
22 | | per 210 liters of breath.
|
23 | | 6. Tetrahydrocannabinol concentration means either 5 |
24 | | nanograms or more of delta-9-tetrahydrocannabinol per |
25 | | milliliter of whole blood or 10 nanograms or more of |
26 | | delta-9-tetrahydrocannabinol per milliliter of other |
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1 | | bodily substance. |
2 | | (a-5) Law enforcement officials may use standardized field |
3 | | sobriety tests approved by the National Highway Traffic Safety |
4 | | Administration when conducting investigations of a violation |
5 | | of Section 11-501 or similar local ordinance by drivers |
6 | | suspected of driving under the influence of cannabis. The |
7 | | General Assembly finds that standardized field sobriety tests |
8 | | approved by the National Highway Traffic Safety Administration |
9 | | are divided attention tasks that are intended to determine if a |
10 | | person is under the influence of cannabis. The purpose of these |
11 | | tests is to determine the effect of the use of cannabis on a |
12 | | person's capacity to think and act with ordinary care and |
13 | | therefore operate a motor vehicle safely. Therefore, the |
14 | | results of these standardized field sobriety tests, |
15 | | appropriately administered, shall be admissible in the trial of |
16 | | any civil or criminal action or proceeding arising out of an |
17 | | arrest for a cannabis-related offense as defined in Section |
18 | | 11-501 or a similar local ordinance or proceedings under |
19 | | Section 2-118.1 or 2-118.2. Where a test is made the following |
20 | | provisions shall apply: |
21 | | 1. The person tested may have a physician, or a |
22 | | qualified technician, chemist, registered nurse, or other |
23 | | qualified person of their own choosing administer a |
24 | | chemical test or tests in addition to the standardized |
25 | | field sobriety test or tests administered at the direction |
26 | | of a law enforcement officer. The failure or inability to |
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1 | | obtain an additional test by a person does not preclude the |
2 | | admission of evidence relating to the test or tests taken |
3 | | at the direction of a law enforcement officer. |
4 | | 2. Upon the request of the person who shall submit to a |
5 | | standardized field sobriety test or tests at the request of |
6 | | a law enforcement officer, full information concerning the |
7 | | test or tests shall be made available to the person or the |
8 | | person's attorney. |
9 | | 3. At the trial of any civil or criminal action or |
10 | | proceeding arising out of an arrest for an offense as |
11 | | defined in Section 11-501 or a similar local ordinance or |
12 | | proceedings under Section 2-118.1 or 2-118.2 in which the |
13 | | results of these standardized field sobriety tests are |
14 | | admitted, the cardholder may present and the trier of fact |
15 | | may consider evidence that the card holder lacked the |
16 | | physical capacity to perform the standardized field |
17 | | sobriety tests. |
18 | | (b) Upon the trial of any civil or criminal action or |
19 | | proceeding arising
out of acts alleged to have been committed |
20 | | by any person while driving or
in actual physical control of a |
21 | | vehicle while under the influence of alcohol,
the concentration |
22 | | of alcohol in the person's blood or breath at the time
alleged |
23 | | as shown by analysis of the person's blood, urine, breath, or |
24 | | other
bodily substance shall give rise to the following |
25 | | presumptions:
|
26 | | 1. If there was at that time an alcohol concentration |
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1 | | of 0.05 or less,
it shall be presumed that the person was |
2 | | not under the influence of alcohol.
|
3 | | 2. If there was at that time an alcohol concentration |
4 | | in excess of 0.05
but less than 0.08, such facts shall not |
5 | | give rise to any
presumption that
the person was or was not |
6 | | under the influence of alcohol, but such fact
may be |
7 | | considered with other competent evidence in determining |
8 | | whether the
person was under the influence of alcohol.
|
9 | | 3. If there was at that time an alcohol concentration |
10 | | of 0.08
or more,
it shall be presumed that the person was |
11 | | under the influence of alcohol.
|
12 | | 4. The foregoing provisions of this Section shall not |
13 | | be construed as
limiting the introduction of any other |
14 | | relevant evidence bearing upon the
question whether the |
15 | | person was under the influence of alcohol.
|
16 | | (b-5) Upon the trial of any civil or criminal action or |
17 | | proceeding arising out of acts alleged to have been committed |
18 | | by any person while driving or in actual physical control of a |
19 | | vehicle while under the influence of alcohol, other drug or |
20 | | drugs, intoxicating compound or compounds or any combination |
21 | | thereof, the concentration of cannabis in the person's whole |
22 | | blood or other bodily substance at the time alleged as shown by |
23 | | analysis of the person's blood or other bodily substance shall |
24 | | give rise to the following presumptions: |
25 | | 1. If there was a tetrahydrocannabinol concentration |
26 | | of 5 nanograms or more in whole blood or 10 nanograms or |
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1 | | more in an other bodily substance as defined in this |
2 | | Section, it shall be presumed that the person was under the |
3 | | influence of cannabis. |
4 | | 2. If there was at that time a tetrahydrocannabinol |
5 | | concentration of less than 5 nanograms in whole blood or |
6 | | less than 10 nanograms in an other bodily substance, such |
7 | | facts shall not give rise to any
presumption that
the |
8 | | person was or was not under the influence of cannabis, but |
9 | | such fact
may be considered with other competent evidence |
10 | | in determining whether the
person was under the influence |
11 | | of cannabis.
|
12 | | (c) 1. If a person under arrest refuses to submit to a |
13 | | chemical test
under
the provisions of Section 11-501.1, |
14 | | evidence of refusal shall be admissible
in any civil or |
15 | | criminal action or proceeding arising out of acts alleged
to |
16 | | have been committed while the person under the influence of |
17 | | alcohol,
other drug or drugs, or intoxicating compound or |
18 | | compounds, or
any combination thereof was driving or in actual |
19 | | physical
control of a motor vehicle.
|
20 | | 2. Notwithstanding any ability to refuse under this Code to |
21 | | submit to
these tests or any ability to revoke the implied |
22 | | consent to these tests, if a
law enforcement officer has |
23 | | probable cause to believe that a motor vehicle
driven by or in |
24 | | actual physical control of a person under the influence of
|
25 | | alcohol, other drug or drugs, or intoxicating compound or
|
26 | | compounds,
or any combination thereof
has caused the death or
|
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1 | | personal injury to another, the law enforcement officer shall |
2 | | request, and that person shall submit, upon the request of a |
3 | | law
enforcement officer, to a chemical test or tests of his or |
4 | | her blood, breath, other bodily substance, or
urine for the |
5 | | purpose of
determining the alcohol content thereof or the |
6 | | presence of any other drug or
combination of both.
|
7 | | This provision does not affect the applicability of or |
8 | | imposition of driver's
license sanctions under Section |
9 | | 11-501.1 of this Code.
|
10 | | 3. For purposes of this Section, a personal injury includes |
11 | | any Type A
injury as indicated on the traffic accident report |
12 | | completed by a law
enforcement officer that requires immediate |
13 | | professional attention in either a
doctor's office or a medical |
14 | | facility. A Type A injury includes severe
bleeding wounds, |
15 | | distorted extremities, and injuries that require the injured
|
16 | | party to be carried from the scene.
|
17 | | (d) If a person refuses standardized field sobriety tests |
18 | | under Section 11-501.9 of this Code, evidence of refusal shall |
19 | | be admissible in any civil or criminal action or proceeding |
20 | | arising out of acts committed while the person was driving or |
21 | | in actual physical control of a vehicle and alleged to have |
22 | | been impaired by the use of cannabis. |
23 | | (e) Department of State Police compliance with the changes |
24 | | in this amendatory Act of the 99th General Assembly concerning |
25 | | testing of other bodily substances and tetrahydrocannabinol |
26 | | concentration by Department of State Police laboratories is |
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1 | | subject to appropriation and until the Department of State |
2 | | Police adopt standards and completion validation. Any |
3 | | laboratories that test for the presence of cannabis or other |
4 | | drugs under this Article, the Snowmobile Registration and |
5 | | Safety Act, or the Boat Registration and Safety Act must comply |
6 | | with ISO/IEC 17025:2005. |
7 | | (Source: P.A. 99-697, eff. 7-29-16; 100-513, eff. 1-1-18 .)
|
8 | | (625 ILCS 5/11-501.8)
|
9 | | Sec. 11-501.8. Suspension of driver's license; persons |
10 | | under age 21.
|
11 | | (a) A person who is less than 21 years of age and who |
12 | | drives or
is in actual physical control of a motor vehicle upon |
13 | | the
public highways of this State shall be deemed to have given |
14 | | consent to a
chemical test or tests of blood, breath, other |
15 | | bodily substance, or urine for the purpose of
determining the |
16 | | alcohol content of the person's blood if arrested, as evidenced
|
17 | | by the issuance of a Uniform Traffic Ticket for any violation |
18 | | of the Illinois
Vehicle Code or a similar provision of a local |
19 | | ordinance, if a police officer
has probable cause to believe |
20 | | that the driver has consumed any amount of an
alcoholic |
21 | | beverage based upon evidence of the driver's physical condition |
22 | | or
other first hand knowledge of the police officer. The test |
23 | | or tests shall be
administered at the direction of the |
24 | | arresting officer. The law enforcement
agency employing the |
25 | | officer shall designate which of the aforesaid tests shall
be |
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1 | | administered. Up to 2 additional tests of urine or other bodily |
2 | | substance may be administered even after a blood or
breath test |
3 | | or both has been administered.
|
4 | | (b) A person who is dead, unconscious, or who is otherwise |
5 | | in a condition
rendering that person incapable of refusal, |
6 | | shall be deemed not to have
withdrawn the consent provided by |
7 | | paragraph (a) of this Section and the test or
tests may be |
8 | | administered subject to the following provisions:
|
9 | | (i) Chemical analysis of the person's blood, urine, |
10 | | breath, or
other bodily substance, to be considered valid |
11 | | under the provisions of this
Section, shall have been |
12 | | performed according to standards promulgated by the |
13 | | Department of State
Police
by an individual possessing a |
14 | | valid permit issued by that Department for this
purpose. |
15 | | The Superintendent Director of State Police is authorized |
16 | | to approve satisfactory
techniques or methods, to |
17 | | ascertain the qualifications and competence of
individuals |
18 | | to conduct analyses, to issue permits that shall be subject |
19 | | to
termination or revocation at the direction of that |
20 | | Department, and to certify
the accuracy of breath testing |
21 | | equipment. The Department of
State Police shall prescribe |
22 | | regulations as necessary.
|
23 | | (ii) When a person submits to a blood test at the |
24 | | request of a law
enforcement officer under the provisions |
25 | | of this Section, only a physician
authorized to practice |
26 | | medicine, a licensed physician assistant, a licensed |
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1 | | advanced practice registered nurse, a registered nurse, or |
2 | | other qualified person
trained in venipuncture and acting |
3 | | under the direction of a licensed physician
may withdraw |
4 | | blood for the purpose of determining the alcohol content |
5 | | therein.
This limitation does not apply to the taking of |
6 | | breath, other bodily substance, or urine specimens.
|
7 | | (iii) The person tested may have a physician, qualified |
8 | | technician,
chemist, registered nurse, or other qualified |
9 | | person of his or her own choosing
administer a chemical |
10 | | test or tests in addition to any test or tests
administered |
11 | | at the direction of a law enforcement officer. The failure |
12 | | or
inability to obtain an additional test by a person shall |
13 | | not preclude the
consideration of the previously performed |
14 | | chemical test.
|
15 | | (iv) Upon a request of the person who submits to a |
16 | | chemical test or
tests at the request of a law enforcement |
17 | | officer, full information concerning
the test or tests |
18 | | shall be made available to the person or that person's
|
19 | | attorney.
|
20 | | (v) Alcohol concentration means either grams of |
21 | | alcohol per 100
milliliters of blood or grams of alcohol |
22 | | per 210 liters of breath.
|
23 | | (vi) If a driver is receiving medical treatment as a |
24 | | result of a motor
vehicle accident, a physician licensed to |
25 | | practice medicine, licensed physician assistant, licensed |
26 | | advanced practice registered nurse, registered nurse,
or |
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1 | | other qualified person trained in venipuncture and
acting |
2 | | under the direction of a licensed physician shall
withdraw |
3 | | blood for testing purposes to ascertain the presence of |
4 | | alcohol upon
the specific request of a law enforcement |
5 | | officer. However, that testing
shall not be performed |
6 | | until, in the opinion of the medical personnel on scene,
|
7 | | the withdrawal can be made without interfering with or |
8 | | endangering the
well-being of the patient.
|
9 | | (c) A person requested to submit to a test as provided |
10 | | above shall be warned
by the law enforcement officer requesting |
11 | | the test that a refusal to submit to
the test, or submission to |
12 | | the test resulting in an alcohol concentration of
more than |
13 | | 0.00, may result in the loss of that person's privilege to |
14 | | operate a
motor vehicle and may result in the disqualification |
15 | | of the person's privilege to operate a commercial motor |
16 | | vehicle, as provided in Section 6-514 of this Code, if the |
17 | | person is a CDL holder. The loss of driving privileges shall be |
18 | | imposed in accordance
with Section 6-208.2 of this Code.
|
19 | | A person requested to submit to a test shall also |
20 | | acknowledge, in writing, receipt of the warning required under |
21 | | this Section. If the person refuses to acknowledge receipt of |
22 | | the warning, the law enforcement officer shall make a written |
23 | | notation on the warning that the person refused to sign the |
24 | | warning. A person's refusal to sign the warning shall not be |
25 | | evidence that the person was not read the warning. |
26 | | (d) If the person refuses testing or submits to a test that |
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1 | | discloses an
alcohol concentration of more than 0.00, the law |
2 | | enforcement officer shall
immediately submit a sworn report to |
3 | | the Secretary of State on a form
prescribed by the Secretary of |
4 | | State, certifying that the test or tests were
requested under |
5 | | subsection (a) and the person refused to submit to a test
or |
6 | | tests or submitted to testing which disclosed an alcohol |
7 | | concentration of
more than 0.00. The law enforcement officer |
8 | | shall submit the same sworn report
when a person under the age |
9 | | of 21 submits to testing under Section
11-501.1 of this Code |
10 | | and the testing discloses an alcohol concentration of
more than |
11 | | 0.00 and less than 0.08.
|
12 | | Upon receipt of the sworn report of a law enforcement |
13 | | officer, the Secretary
of State shall enter the suspension and |
14 | | disqualification on the individual's driving
record and the |
15 | | suspension and disqualification shall be effective on the 46th |
16 | | day following the date
notice of the suspension was given to |
17 | | the person. If this suspension is the
individual's first |
18 | | driver's license suspension under this Section, reports
|
19 | | received by the Secretary of State under this Section shall, |
20 | | except during the
time the suspension is in effect, be |
21 | | privileged information and for use only by
the courts, police |
22 | | officers, prosecuting authorities, the Secretary of State,
or |
23 | | the individual personally, unless the person is a CDL holder, |
24 | | is operating a commercial motor vehicle or vehicle required to |
25 | | be placarded for hazardous materials, in which case the |
26 | | suspension shall not be privileged.
Reports received by the |
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1 | | Secretary of State under this Section shall also be made |
2 | | available to the parent or guardian of a person under the age |
3 | | of 18 years that holds an instruction permit or a graduated |
4 | | driver's license, regardless of whether the suspension is in |
5 | | effect.
|
6 | | The law enforcement officer submitting the sworn report |
7 | | shall serve immediate
notice of this suspension on the person |
8 | | and the suspension and disqualification shall
be effective on |
9 | | the 46th day following the date notice was given.
|
10 | | In cases where the blood alcohol concentration of more than |
11 | | 0.00 is
established by a subsequent analysis of blood, other |
12 | | bodily substance, or urine, the police officer or
arresting |
13 | | agency shall give notice as provided in this Section or by |
14 | | deposit
in the United States mail of that notice in an envelope |
15 | | with postage prepaid
and addressed to that person at his last |
16 | | known address and the loss of driving
privileges shall be |
17 | | effective on the 46th day following the date notice was
given.
|
18 | | Upon receipt of the sworn report of a law enforcement |
19 | | officer, the Secretary
of State shall also give notice of the |
20 | | suspension and disqualification to the driver
by mailing a |
21 | | notice of the effective date of the suspension and |
22 | | disqualification to the individual.
However, should the sworn |
23 | | report be defective by not containing sufficient
information or |
24 | | be completed in error, the notice of the suspension and |
25 | | disqualification shall not be mailed to the person or entered |
26 | | to the driving record,
but rather the sworn report shall be |
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1 | | returned to the issuing law enforcement
agency.
|
2 | | (e) A driver may contest this suspension and |
3 | | disqualification by requesting an
administrative hearing with |
4 | | the Secretary of State in accordance with Section
2-118 of this |
5 | | Code. An individual whose blood alcohol concentration is shown
|
6 | | to be more than 0.00 is not subject to this Section if he or she |
7 | | consumed
alcohol in the performance of a religious service or |
8 | | ceremony. An individual
whose blood alcohol concentration is |
9 | | shown to be more than 0.00 shall not be
subject to this Section |
10 | | if the individual's blood alcohol concentration
resulted only |
11 | | from ingestion of the prescribed or recommended dosage of
|
12 | | medicine that contained alcohol. The petition for that hearing |
13 | | shall not stay
or delay the effective date of the impending |
14 | | suspension. The scope of this
hearing shall be limited to the |
15 | | issues of:
|
16 | | (1) whether the police officer had probable cause to |
17 | | believe that the
person was driving or in actual physical |
18 | | control of a motor vehicle upon the
public highways of the |
19 | | State and the police officer had reason to believe that
the |
20 | | person was in violation of any provision of the Illinois |
21 | | Vehicle Code or a
similar provision of a local ordinance; |
22 | | and
|
23 | | (2) whether the person was issued a Uniform Traffic |
24 | | Ticket for any
violation of the Illinois Vehicle Code or a |
25 | | similar provision of a local
ordinance; and
|
26 | | (3) whether the police officer had probable cause to |
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1 | | believe that the
driver
had consumed any amount of an |
2 | | alcoholic beverage based upon the driver's
physical |
3 | | actions or other first-hand knowledge of the police |
4 | | officer; and
|
5 | | (4) whether the person, after being advised by the |
6 | | officer that the
privilege to operate a motor vehicle would |
7 | | be suspended if the person refused
to submit to and |
8 | | complete the test or tests, did refuse to submit to or
|
9 | | complete the test or tests to determine the person's |
10 | | alcohol concentration;
and
|
11 | | (5) whether the person, after being advised by the |
12 | | officer that the
privileges to operate a motor vehicle |
13 | | would be suspended if the person submits
to a chemical test |
14 | | or tests and the test or tests disclose an alcohol
|
15 | | concentration of more than 0.00, did submit to and
complete |
16 | | the
test or tests that determined an alcohol concentration |
17 | | of more than 0.00; and
|
18 | | (6) whether the test result of an alcohol concentration |
19 | | of more than 0.00
was based upon the person's consumption |
20 | | of alcohol in the performance of a
religious service or |
21 | | ceremony; and
|
22 | | (7) whether the test result of an alcohol concentration |
23 | | of more than 0.00
was based upon the person's consumption |
24 | | of alcohol through ingestion of the
prescribed or |
25 | | recommended dosage of medicine.
|
26 | | At the conclusion of the hearing held under Section 2-118 |
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1 | | of
this Code, the Secretary of State may rescind, continue, or |
2 | | modify the suspension and disqualification. If the Secretary of |
3 | | State does not rescind the suspension and disqualification, a
|
4 | | restricted driving permit may be granted by the Secretary of |
5 | | State upon
application being made and good cause shown. A |
6 | | restricted driving permit may be
granted to relieve undue |
7 | | hardship by allowing driving for employment,
educational, and |
8 | | medical purposes as outlined in item (3) of part (c) of
Section |
9 | | 6-206 of this Code. The provisions of item (3) of part (c) of |
10 | | Section
6-206 of this Code and of subsection (f) of that |
11 | | Section shall apply. The Secretary of State shall promulgate |
12 | | rules
providing for participation in an alcohol education and |
13 | | awareness program or
activity, a drug education and awareness |
14 | | program or activity, or both as a
condition to the issuance of |
15 | | a restricted driving permit for suspensions
imposed under this |
16 | | Section.
|
17 | | (f) The results of any chemical testing performed in |
18 | | accordance with
subsection (a) of this Section are not |
19 | | admissible in any civil or criminal
proceeding, except that the |
20 | | results of the testing may be considered at a
hearing held |
21 | | under Section 2-118 of this Code. However, the results of
the |
22 | | testing may not be used to impose driver's license sanctions |
23 | | under
Section 11-501.1 of this Code. A law enforcement officer |
24 | | may, however, pursue
a statutory summary suspension or |
25 | | revocation of driving privileges under Section 11-501.1 of
this |
26 | | Code if other physical evidence or first hand knowledge forms |
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1 | | the basis
of that suspension or revocation.
|
2 | | (g) This Section applies only to drivers who are under
age |
3 | | 21 at the time of the issuance of a Uniform Traffic Ticket for |
4 | | a
violation of the Illinois Vehicle Code or a similar provision |
5 | | of a local
ordinance, and a chemical test request is made under |
6 | | this Section.
|
7 | | (h) The action of the Secretary of State in suspending, |
8 | | revoking, cancelling, or
disqualifying any license or
permit |
9 | | shall be
subject to judicial review in the Circuit Court of |
10 | | Sangamon County or in the
Circuit Court of Cook County, and the |
11 | | provisions of the Administrative Review
Law and its rules are |
12 | | hereby adopted and shall apply to and govern every action
for |
13 | | the judicial review of final acts or decisions of the Secretary |
14 | | of State
under this Section.
|
15 | | (Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16; |
16 | | 100-513, eff. 1-1-18 .) |
17 | | Section 185. The Statewide Relocation Towing Licensure |
18 | | Commission Act is amended by changing Section 5 as follows: |
19 | | (625 ILCS 65/5) |
20 | | (Section scheduled to be repealed on January 1, 2018)
|
21 | | Sec. 5. The Statewide Relocation Towing Licensure |
22 | | Commission. |
23 | | (a) There is hereby created the Statewide Relocation Towing |
24 | | Licensure Commission. |
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1 | | (b) Within 60 days after the effective date of this Act, |
2 | | the members of the Commission shall be appointed with the |
3 | | following members: |
4 | | (1) one member of the General Assembly, appointed by |
5 | | the President of the Senate; |
6 | | (2) one member of the General Assembly, appointed by |
7 | | the Minority Leader of the Senate; |
8 | | (3) one member of the General Assembly, appointed by |
9 | | the Speaker of the House of Representatives; |
10 | | (4) one member of the General Assembly, appointed by |
11 | | the Minority Leader of the House of Representatives; |
12 | | (5) the Mayor of the City of Chicago, or his or her |
13 | | designee; |
14 | | (6) the Secretary of Transportation, or his or her |
15 | | designee; |
16 | | (7) the Superintendent Director of State Police, or his |
17 | | or her designee; |
18 | | (8) two members of the public who represent the towing |
19 | | industry, appointed by the President of the Professional |
20 | | Towing and Recovery Operators of Illinois; |
21 | | (9) two members of the public who represent the |
22 | | property casualty insurance industry, appointed by the |
23 | | Executive Director of the Illinois Insurance Association; |
24 | | (10) the President of the Illinois Municipal League, or |
25 | | his or her designee; |
26 | | (11) the President of the Illinois Sheriffs' |
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1 | | Association, or his or her designee; |
2 | | (12) the Cook County State's Attorney, or his or her |
3 | | designee; |
4 | | (13) the Chairman of the Illinois Commerce Commission, |
5 | | or his or her designee; and |
6 | | (14) the President of the Northwest Municipal |
7 | | Conference, or his or her designee. |
8 | | (c) The members of the Commission shall receive no |
9 | | compensation for serving as members of the Commission. |
10 | | (d) The Illinois Commerce Commission shall provide |
11 | | administrative and other support to the Commission.
|
12 | | (Source: P.A. 99-848, eff. 8-19-16.) |
13 | | Section 190. The Clerks of Courts Act is amended by |
14 | | changing Section 27.3a as follows:
|
15 | | (705 ILCS 105/27.3a)
|
16 | | Sec. 27.3a. Fees for automated record keeping, probation |
17 | | and court services operations, State and Conservation Police |
18 | | operations, and e-business programs.
|
19 | | 1. The expense of establishing and maintaining automated |
20 | | record
keeping systems in the offices of the clerks of the |
21 | | circuit court shall
be borne by the county. To defray such |
22 | | expense in any county having
established such an automated |
23 | | system or which elects to establish such a
system, the county |
24 | | board may require the clerk of the circuit court in
their |
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1 | | county to charge and collect a court automation fee of not less |
2 | | than
$1 nor more than $25 to be charged and collected by the |
3 | | clerk of the court.
Such fee shall be paid at the time of |
4 | | filing the first pleading, paper or
other appearance filed by |
5 | | each party in all civil cases or by the defendant
in any |
6 | | felony, traffic, misdemeanor, municipal ordinance, or |
7 | | conservation
case upon a judgment of guilty or grant of |
8 | | supervision, provided that
the record keeping system which |
9 | | processes the case
category for which the fee is charged is |
10 | | automated or has been approved for
automation by the county |
11 | | board, and provided further that no additional fee
shall be |
12 | | required if more than one party is presented in a single |
13 | | pleading,
paper or other appearance. Such fee shall be |
14 | | collected in the manner in
which all other fees or costs are |
15 | | collected.
|
16 | | 1.1. Starting on July 6, 2012 (the effective date of Public |
17 | | Act 97-761) and pursuant to an administrative order from the |
18 | | chief judge of the circuit or the presiding judge of the county |
19 | | authorizing such collection, a clerk of the circuit court in |
20 | | any county that imposes a fee pursuant to subsection 1 of this |
21 | | Section shall also charge and collect an additional $10 |
22 | | operations fee for probation and court services department |
23 | | operations. |
24 | | This additional fee shall be paid by the defendant in any |
25 | | felony, traffic, misdemeanor, local ordinance, or conservation |
26 | | case upon a judgment of guilty or grant of supervision, except |
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1 | | such $10 operations fee shall not be charged and collected in |
2 | | cases governed by Supreme Court Rule 529 in which the bail |
3 | | amount is $120 or less. |
4 | | 1.2. With respect to the fee imposed and collected under |
5 | | subsection 1.1 of this Section, each clerk shall transfer all |
6 | | fees monthly to the county treasurer for deposit into the |
7 | | probation and court services fund created under Section 15.1 of |
8 | | the Probation and Probation Officers Act, and such monies shall |
9 | | be disbursed from the fund only at the direction of the chief |
10 | | judge of the circuit or another judge designated by the Chief |
11 | | Circuit Judge in accordance with the policies and guidelines |
12 | | approved by the Supreme Court. |
13 | | 1.5. Starting on June 1, 2014, a clerk of the circuit court |
14 | | in any county that imposes a fee pursuant to subsection 1 of |
15 | | this Section, shall charge and collect an additional fee in an |
16 | | amount equal to the amount of the fee imposed pursuant to |
17 | | subsection 1 of this Section, except the fee imposed under this |
18 | | subsection may not be more than $15. This additional fee shall |
19 | | be paid by the defendant in any felony, traffic, misdemeanor, |
20 | | or local ordinance case upon a judgment of guilty or grant of |
21 | | supervision. This fee shall not be paid by the defendant for |
22 | | any violation listed in subsection 1.6 of this Section. |
23 | | 1.6. Starting on June 1, 2014, a clerk of the circuit court |
24 | | in any county that imposes a fee pursuant to subsection 1 of |
25 | | this Section shall charge and collect an additional fee in an |
26 | | amount equal to the amount of the fee imposed pursuant to |
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1 | | subsection 1 of this Section, except the fee imposed under this |
2 | | subsection may not be more than $15. This additional fee shall |
3 | | be paid by the defendant upon a judgment of guilty or grant of |
4 | | supervision for a violation under the State Parks Act, the |
5 | | Recreational Trails of Illinois Act, the Illinois Explosives |
6 | | Act, the Timber Buyers Licensing Act, the Forest Products |
7 | | Transportation Act, the Firearm Owners Identification Card |
8 | | Act, the Environmental Protection Act, the Fish and Aquatic |
9 | | Life Code, the Wildlife Code, the Cave Protection Act, the |
10 | | Illinois Exotic Weed Act, the Illinois Forestry Development |
11 | | Act, the Ginseng Harvesting Act, the Illinois Lake Management |
12 | | Program Act, the Illinois Natural Areas Preservation Act, the |
13 | | Illinois Open Land Trust Act, the Open Space Lands Acquisition |
14 | | and Development Act, the Illinois Prescribed Burning Act, the |
15 | | State Forest Act, the Water Use Act of 1983, the Illinois |
16 | | Veteran, Youth, and Young Adult Conservation Jobs Act, the |
17 | | Snowmobile Registration and Safety Act, the Boat Registration |
18 | | and Safety Act, the Illinois Dangerous Animals Act, the Hunter |
19 | | and Fishermen Interference Prohibition Act, the Wrongful Tree |
20 | | Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427, |
21 | | 11-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of |
22 | | the Illinois Vehicle Code, or Section 48-3 or 48-10 of the |
23 | | Criminal Code of 2012. |
24 | | 1.7. Starting on the 30th day after the effective date of |
25 | | this amendatory Act of the 99th General Assembly, a clerk of |
26 | | the circuit court in any county that imposes a fee pursuant to |
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1 | | subsection 1 of this Section shall also charge and collect an |
2 | | additional $9 e-business fee. The fee shall be paid at the time |
3 | | of filing the first pleading, paper, or other appearance filed |
4 | | by each party in all civil cases, except no additional fee |
5 | | shall be required if more than one party is presented in a |
6 | | single pleading, paper, or other appearance. The fee shall be |
7 | | collected in the manner in which all other fees or costs are |
8 | | collected. The fee shall be in addition to all other fees and |
9 | | charges of the clerk, and assessable as costs, and may be |
10 | | waived only if the judge specifically provides for the waiver |
11 | | of the e-business fee. The fee shall not be charged in any |
12 | | matter coming to the clerk on a change of venue, nor in any |
13 | | proceeding to review the decision of any administrative |
14 | | officer, agency, or body. |
15 | | 2. With respect to the fee imposed under subsection 1 of |
16 | | this Section, each clerk shall commence such charges and |
17 | | collections upon receipt
of written notice from the chairman of |
18 | | the county board together with a
certified copy of the board's |
19 | | resolution, which the clerk shall file of
record in his office.
|
20 | | 3. With respect to the fee imposed under subsection 1 of |
21 | | this Section, such fees shall be in addition to all other fees |
22 | | and charges of such
clerks, and assessable as costs, and may be |
23 | | waived only if the judge
specifically provides for the waiver |
24 | | of the court automation fee. The
fees shall be remitted monthly |
25 | | by such clerk to the county treasurer, to be
retained by him in |
26 | | a special fund designated as the court automation fund.
The |
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1 | | fund shall be audited by the county auditor, and the board |
2 | | shall make
expenditure from the fund in payment of any cost |
3 | | related to the automation
of court records, including hardware, |
4 | | software, research and development
costs and personnel related |
5 | | thereto, provided that the expenditure is
approved by the clerk |
6 | | of the court and by the chief judge of the circuit
court or his |
7 | | designate.
|
8 | | 4. With respect to the fee imposed under subsection 1 of |
9 | | this Section, such fees shall not be charged in any matter |
10 | | coming to any such clerk
on change of venue, nor in any |
11 | | proceeding to review the decision of any
administrative |
12 | | officer, agency or body.
|
13 | | 5. With respect to the additional fee imposed under |
14 | | subsection 1.5 of this Section, the fee shall be remitted by |
15 | | the circuit clerk to the State Treasurer within one month after |
16 | | receipt for deposit into the State Police Operations Assistance |
17 | | Fund. |
18 | | 6. With respect to the additional fees imposed under |
19 | | subsection 1.5 of this Section, the Superintendent Director of |
20 | | State Police may direct the use of these fees for homeland |
21 | | security purposes by transferring these fees on a quarterly |
22 | | basis from the State Police Operations Assistance Fund into the |
23 | | Illinois Law Enforcement Alarm Systems (ILEAS) Fund for |
24 | | homeland security initiatives programs. The transferred fees |
25 | | shall be allocated, subject to the approval of the ILEAS |
26 | | Executive Board, as follows: (i) 66.6% shall be used for |
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1 | | homeland security initiatives and (ii) 33.3% shall be used for |
2 | | airborne operations. The ILEAS Executive Board shall annually |
3 | | supply the Superintendent Director of State Police with a |
4 | | report of the use of these fees. |
5 | | 7. With respect to the additional fee imposed under |
6 | | subsection 1.6 of this Section, the fee shall be remitted by |
7 | | the circuit clerk to the State Treasurer within one month after |
8 | | receipt for deposit into the Conservation Police Operations |
9 | | Assistance Fund. |
10 | | 8. With respect to the fee imposed under subsection 1.7 of |
11 | | this Section, the clerk shall remit the fee to the State |
12 | | Treasurer within one month after receipt for deposit into the |
13 | | Supreme Court Special Purposes Fund. Unless otherwise |
14 | | authorized by this Act, the moneys deposited into the Supreme |
15 | | Court Special Purposes Fund under this subsection are not |
16 | | subject to administrative charges or chargebacks under Section |
17 | | 20 of the State Treasurer Act. |
18 | | (Source: P.A. 98-375, eff. 8-16-13; 98-606, eff. 6-1-14; |
19 | | 98-1016, eff. 8-22-14; 99-859, eff. 8-19-16.) |
20 | | Section 195. The Juvenile Court Act of 1987 is amended by |
21 | | changing Sections 1-3 and 5-105 as follows:
|
22 | | (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
|
23 | | Sec. 1-3. Definitions. Terms used in this Act, unless the |
24 | | context
otherwise requires, have the following meanings |
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1 | | ascribed to them:
|
2 | | (1) "Adjudicatory hearing" means a hearing to
determine |
3 | | whether the allegations of a petition under Section 2-13, 3-15 |
4 | | or
4-12 that a minor under 18 years of age is abused, neglected |
5 | | or dependent, or
requires authoritative intervention, or |
6 | | addicted, respectively, are supported
by a preponderance of the |
7 | | evidence or whether the allegations of a petition
under Section |
8 | | 5-520 that a minor is delinquent are proved beyond a reasonable
|
9 | | doubt.
|
10 | | (2) "Adult" means a person 21 years of age or older.
|
11 | | (3) "Agency" means a public or private child care facility
|
12 | | legally authorized or licensed by this State for placement or |
13 | | institutional
care or for both placement and institutional |
14 | | care.
|
15 | | (4) "Association" means any organization, public or
|
16 | | private, engaged in welfare functions which include services to |
17 | | or on behalf of
children but does not include "agency" as |
18 | | herein defined.
|
19 | | (4.05) Whenever a "best interest" determination is
|
20 | | required, the following factors shall be considered in the |
21 | | context of the
child's age and developmental needs:
|
22 | | (a) the physical safety and welfare of the child, |
23 | | including food, shelter,
health, and clothing;
|
24 | | (b) the development of the child's identity;
|
25 | | (c) the child's background and ties, including |
26 | | familial,
cultural, and religious;
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1 | | (d) the child's sense of attachments, including:
|
2 | | (i) where the child actually feels love, |
3 | | attachment, and a sense of
being valued (as opposed to |
4 | | where adults believe the child should
feel such love, |
5 | | attachment, and a sense of being valued);
|
6 | | (ii) the child's sense of security;
|
7 | | (iii) the child's sense of familiarity;
|
8 | | (iv) continuity of affection for the child;
|
9 | | (v) the least disruptive placement alternative for |
10 | | the child;
|
11 | | (e) the child's wishes and long-term goals;
|
12 | | (f) the child's community ties, including church, |
13 | | school, and friends;
|
14 | | (g) the child's need for permanence which includes the |
15 | | child's need for
stability and continuity of relationships |
16 | | with parent figures and with siblings
and other relatives;
|
17 | | (h) the uniqueness of every family and child;
|
18 | | (i) the risks attendant to entering and being in |
19 | | substitute care; and
|
20 | | (j) the preferences of the persons available to care |
21 | | for the child.
|
22 | | (4.1) "Chronic truant" shall have the definition
ascribed |
23 | | to it in Section 26-2a of the School Code.
|
24 | | (5) "Court" means the circuit court in a session or |
25 | | division
assigned to hear proceedings under this Act.
|
26 | | (6) "Dispositional hearing" means a hearing to
determine |
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1 | | whether a minor should be adjudged to be a ward of the court, |
2 | | and to
determine what order of disposition should be made in |
3 | | respect to a minor
adjudged to be a ward of the court.
|
4 | | (7) "Emancipated minor" means any minor 16 years of age or |
5 | | over who has
been completely or partially emancipated under the |
6 | | Emancipation of
Minors Act or
under this Act.
|
7 | | (7.05) "Foster parent" includes a relative caregiver |
8 | | selected by the Department of Children and Family Services to |
9 | | provide care for the minor. |
10 | | (8) "Guardianship of the person" of a minor
means the duty |
11 | | and authority to act in the best interests of the minor, |
12 | | subject
to residual parental rights and responsibilities, to |
13 | | make important decisions
in matters having a permanent effect |
14 | | on the life and development of the minor
and to be concerned |
15 | | with his or her general welfare. It includes but is not
|
16 | | necessarily limited to:
|
17 | | (a) the authority to consent to marriage, to enlistment |
18 | | in the armed
forces of the United States, or to a major |
19 | | medical, psychiatric, and
surgical treatment; to represent |
20 | | the minor in legal actions; and to make
other decisions of |
21 | | substantial legal significance concerning the minor;
|
22 | | (b) the authority and duty of reasonable visitation, |
23 | | except to the
extent that these have been limited in the |
24 | | best interests of the minor by
court order;
|
25 | | (c) the rights and responsibilities of legal custody |
26 | | except where legal
custody has been vested in another |
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1 | | person or agency; and
|
2 | | (d) the power to consent to the adoption of the minor, |
3 | | but only if
expressly conferred on the guardian in |
4 | | accordance with Section 2-29, 3-30, or
4-27.
|
5 | | (9) "Legal custody" means the relationship created by an
|
6 | | order of court in the best interests of the minor which imposes |
7 | | on the
custodian the responsibility of physical possession of a |
8 | | minor and the duty to
protect, train and discipline him and to |
9 | | provide him with food, shelter,
education and ordinary medical |
10 | | care, except as these are limited by residual
parental rights |
11 | | and responsibilities and the rights and responsibilities of the
|
12 | | guardian of the person, if any.
|
13 | | (9.1) "Mentally capable adult relative" means a person 21 |
14 | | years of age or older who is not suffering from a mental |
15 | | illness that prevents him or her from providing the care |
16 | | necessary to safeguard the physical safety and welfare of a |
17 | | minor who is left in that person's care by the parent or |
18 | | parents or other person responsible for the minor's welfare. |
19 | | (10) "Minor" means a person under the age of 21 years |
20 | | subject to
this Act.
|
21 | | (11) "Parent" means a father or mother of a child and
|
22 | | includes any adoptive parent. It also includes a person (i)
|
23 | | whose parentage
is presumed or has been established under the |
24 | | law of this or another
jurisdiction or (ii) who has registered |
25 | | with the Putative Father Registry in
accordance with Section |
26 | | 12.1 of the Adoption Act and whose paternity has not
been ruled |
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| | HB5089 | - 215 - | LRB100 18322 RJF 33527 b |
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1 | | out under the law of this or another jurisdiction. It does not
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2 | | include a
parent whose rights in respect to the
minor have been |
3 | | terminated in any manner provided by law. It does not include a |
4 | | person who has been or could be determined to be a parent under |
5 | | the Illinois Parentage Act of 1984 or the Illinois Parentage |
6 | | Act of 2015, or similar parentage law in any other state, if |
7 | | that person has been convicted of or pled nolo contendere to a |
8 | | crime that resulted in the conception of the child under |
9 | | Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14, |
10 | | 12-14.1, subsection (a) or (b) (but not subsection (c)) of |
11 | | Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or |
12 | | (f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the |
13 | | Crimin |