Illinois General Assembly - Full Text of SB0853
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Full Text of SB0853  103rd General Assembly

SB0853sam001 103RD GENERAL ASSEMBLY

Sen. Patrick J. Joyce

Filed: 10/24/2023

 

 


 

 


 
10300SB0853sam001LRB103 03312 AWJ 64904 a

1
AMENDMENT TO SENATE BILL 853

2    AMENDMENT NO. ______. Amend Senate Bill 853 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois State Police Law of the Civil
5Administrative Code of Illinois is amended by changing Section
62605-10 as follows:
 
7    (20 ILCS 2605/2605-10)  (was 20 ILCS 2605/55a in part)
8    (Text of Section before amendment by P.A. 103-34)
9    Sec. 2605-10. Powers and duties, generally.
10    (a) The Illinois State Police shall exercise the rights,
11powers, and duties that have been vested in the Illinois State
12Police by the following:
13        The Illinois State Police Act.
14        The Illinois State Police Radio Act.
15        The Criminal Identification Act.
16        The Illinois Vehicle Code.

 

 

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1        The Firearm Owners Identification Card Act.
2        The Firearm Concealed Carry Act.
3        The Gun Dealer Licensing Act.
4        The Intergovernmental Missing Child Recovery Act of
5    1984.
6        The Intergovernmental Drug Laws Enforcement Act.
7        The Narcotic Control Division Abolition Act.
8    (b) The Illinois State Police shall have the powers and
9duties set forth in the following Sections.
10(Source: P.A. 102-538, eff. 8-20-21.)
 
11    (Text of Section after amendment by P.A. 103-34)
12    Sec. 2605-10. Powers and duties, generally.
13    (a) The Illinois State Police shall exercise the rights,
14powers, and duties that have been vested in the Illinois State
15Police by the following:
16        The Illinois State Police Act.
17        The Illinois State Police Radio Act.
18        The Criminal Identification Act.
19        The Illinois Vehicle Code.
20        The Firearm Owners Identification Card Act.
21        The Firearm Concealed Carry Act.
22        The Firearm Dealer License Certification Act.
23        The Intergovernmental Missing Child Recovery Act of
24    1984.
25        The Intergovernmental Drug Laws Enforcement Act.

 

 

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1        The Narcotic Control Division Abolition Act.
2        The Illinois Uniform Conviction Information Act.
3        The Murderer and Violent Offender Against Youth
4    Registration Act.
5    (b) The Illinois State Police shall have the powers and
6duties set forth in the following Sections.
7    (c) The Illinois State Police shall exercise the rights,
8powers, and duties vested in the Illinois State Police to
9implement the following protective service functions for State
10facilities, State officials, and State employees serving in
11their official capacity:
12        (1) Utilize subject matter expertise and law
13    enforcement authority to strengthen the protection of
14    State government facilities, State employees, State
15    officials, and State critical infrastructure.
16        (2) Coordinate State, federal, and local law
17    enforcement activities involving the protection of State
18    facilities, officials, and employees.
19        (3) Conduct investigations of criminal threats to
20    State facilities, State critical infrastructure, State
21    officials, and State employees.
22        (4) Train State officials and employees in personal
23    protection, crime prevention, facility occupant emergency
24    planning, and incident management.
25        (5) Establish standard protocols for prevention and
26    response to criminal threats to State facilities, State

 

 

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1    officials, State employees, and State critical
2    infrastructure, and standard protocols for reporting of
3    suspicious activities.
4        (6) Establish minimum operational standards,
5    qualifications, training, and compliance requirements for
6    State employees and contractors engaged in the protection
7    of State facilities and employees.
8        (7) At the request of departments or agencies of State
9    government, conduct security assessments, including, but
10    not limited to, examination of alarm systems, cameras
11    systems, access points, personnel readiness, and emergency
12    protocols based on risk and need.
13        (8) Oversee the planning and implementation of
14    security and law enforcement activities necessary for the
15    protection of major, multi-jurisdictional events
16    implicating potential criminal threats to State officials,
17    State employees, or State-owned, State-leased, or
18    State-operated critical infrastructure or facilities.
19        (9) Oversee and direct the planning and implementation
20    of security and law enforcement activities by the
21    departments and agencies of the State necessary for the
22    protection of State employees, State officials, and
23    State-owned, State-leased, or State-operated critical
24    infrastructure or facilities from criminal activity.
25        (10) Advise the Governor and Homeland Security Advisor
26    on any matters necessary for the effective protection of

 

 

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1    State facilities, critical infrastructure, officials, and
2    employees from criminal threats.
3        (11) Utilize intergovernmental agreements and
4    administrative rules as needed for the effective,
5    efficient implementation of law enforcement and support
6    activities necessary for the protection of State
7    facilities, State infrastructure, State employees, and,
8    upon the express written consent of State constitutional
9    officials, State constitutional officials, and State
10    employees.
11(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24;
12revised 9-25-23.)
 
13    Section 10. The Emergency Telephone System Act is amended
14by changing Sections 30 and 35 as follows:
 
15    (50 ILCS 750/30)
16    (Text of Section before amendment by P.A. 103-366)
17    (Section scheduled to be repealed on December 31, 2025)
18    Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
19    (a) A special fund in the State treasury known as the
20Wireless Service Emergency Fund shall be renamed the Statewide
219-1-1 Fund. Any appropriations made from the Wireless Service
22Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
23The Fund shall consist of the following:
24        (1) 9-1-1 wireless surcharges assessed under the

 

 

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1    Wireless Emergency Telephone Safety Act.
2        (2) 9-1-1 surcharges assessed under Section 20 of this
3    Act.
4        (3) Prepaid wireless 9-1-1 surcharges assessed under
5    Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
6        (4) Any appropriations, grants, or gifts made to the
7    Fund.
8        (5) Any income from interest, premiums, gains, or
9    other earnings on moneys in the Fund.
10        (6) Money from any other source that is deposited in
11    or transferred to the Fund.
12    (b) Subject to appropriation and availability of funds,
13the Illinois State Police shall distribute the 9-1-1
14surcharges monthly as follows:
15        (1) From each surcharge collected and remitted under
16    Section 20 of this Act:
17            (A) $0.013 shall be distributed monthly in equal
18        amounts to each County Emergency Telephone System
19        Board in counties with a population under 100,000
20        according to the most recent census data which is
21        authorized to serve as a primary wireless 9-1-1 public
22        safety answering point for the county and to provide
23        wireless 9-1-1 service as prescribed by subsection (b)
24        of Section 15.6a of this Act, and which does provide
25        such service.
26            (B) $0.033 shall be transferred by the Comptroller

 

 

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1        at the direction of the Illinois State Police to the
2        Wireless Carrier Reimbursement Fund until June 30,
3        2017; from July 1, 2017 through June 30, 2018, $0.026
4        shall be transferred; from July 1, 2018 through June
5        30, 2019, $0.020 shall be transferred; from July 1,
6        2019, through June 30, 2020, $0.013 shall be
7        transferred; from July 1, 2020 through June 30, 2021,
8        $0.007 will be transferred; and after June 30, 2021,
9        no transfer shall be made to the Wireless Carrier
10        Reimbursement Fund.
11            (C) Until December 31, 2017, $0.007 and on and
12        after January 1, 2018, $0.017 shall be used to cover
13        the Illinois State Police's administrative costs.
14            (D) Beginning January 1, 2018, until June 30,
15        2020, $0.12, and on and after July 1, 2020, $0.04 shall
16        be used to make monthly proportional grants to the
17        appropriate 9-1-1 Authority currently taking wireless
18        9-1-1 based upon the United States Postal Zip Code of
19        the billing addresses of subscribers wireless
20        carriers.
21            (E) Until June 30, 2025 2023, $0.05 shall be used
22        by the Illinois State Police for grants for NG9-1-1
23        expenses, with priority given to 9-1-1 Authorities
24        that provide 9-1-1 service within the territory of a
25        Large Electing Provider as defined in Section 13-406.1
26        of the Public Utilities Act.

 

 

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1            (F) On and after July 1, 2020, $0.13 shall be used
2        for the implementation of and continuing expenses for
3        the Statewide NG9-1-1 system.
4        (2) After disbursements under paragraph (1) of this
5    subsection (b), all remaining funds in the Statewide 9-1-1
6    Fund shall be disbursed in the following priority order:
7            (A) The Fund shall pay monthly to:
8                (i) the 9-1-1 Authorities that imposed
9            surcharges under Section 15.3 of this Act and were
10            required to report to the Illinois Commerce
11            Commission under Section 27 of the Wireless
12            Emergency Telephone Safety Act on October 1, 2014,
13            except a 9-1-1 Authority in a municipality with a
14            population in excess of 500,000, an amount equal
15            to the average monthly wireline and VoIP surcharge
16            revenue attributable to the most recent 12-month
17            period reported to the Illinois State Police under
18            that Section for the October 1, 2014 filing,
19            subject to the power of the Illinois State Police
20            to investigate the amount reported and adjust the
21            number by order under Article X of the Public
22            Utilities Act, so that the monthly amount paid
23            under this item accurately reflects one-twelfth of
24            the aggregate wireline and VoIP surcharge revenue
25            properly attributable to the most recent 12-month
26            period reported to the Commission; or

 

 

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1                (ii) county qualified governmental entities
2            that did not impose a surcharge under Section 15.3
3            as of December 31, 2015, and counties that did not
4            impose a surcharge as of June 30, 2015, an amount
5            equivalent to their population multiplied by .37
6            multiplied by the rate of $0.69; counties that are
7            not county qualified governmental entities and
8            that did not impose a surcharge as of December 31,
9            2015, shall not begin to receive the payment
10            provided for in this subsection until E9-1-1 and
11            wireless E9-1-1 services are provided within their
12            counties; or
13                (iii) counties without 9-1-1 service that had
14            a surcharge in place by December 31, 2015, an
15            amount equivalent to their population multiplied
16            by .37 multiplied by their surcharge rate as
17            established by the referendum.
18            (B) All 9-1-1 network costs for systems outside of
19        municipalities with a population of at least 500,000
20        shall be paid by the Illinois State Police directly to
21        the vendors.
22            (C) All expenses incurred by the Administrator and
23        the Statewide 9-1-1 Advisory Board and costs
24        associated with procurement under Section 15.6b
25        including requests for information and requests for
26        proposals.

 

 

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1            (D) Funds may be held in reserve by the Statewide
2        9-1-1 Advisory Board and disbursed by the Illinois
3        State Police for grants under Section 15.4b of this
4        Act and for NG9-1-1 expenses up to $12.5 million per
5        year in State fiscal years 2016 and 2017; up to $20
6        million in State fiscal year 2018; up to $20.9 million
7        in State fiscal year 2019; up to $15.3 million in State
8        fiscal year 2020; up to $16.2 million in State fiscal
9        year 2021; up to $23.1 million in State fiscal year
10        2022; and up to $17.0 million per year for State fiscal
11        year 2023 and each year thereafter. The amount held in
12        reserve in State fiscal years 2021, 2022, and 2023
13        shall not be less than $6.5 million. Disbursements
14        under this subparagraph (D) shall be prioritized as
15        follows: (i) consolidation grants prioritized under
16        subsection (a) of Section 15.4b of this Act; (ii)
17        NG9-1-1 expenses; and (iii) consolidation grants under
18        Section 15.4b of this Act for consolidation expenses
19        incurred between January 1, 2010, and January 1, 2016.
20            (E) All remaining funds per remit month shall be
21        used to make monthly proportional grants to the
22        appropriate 9-1-1 Authority currently taking wireless
23        9-1-1 based upon the United States Postal Zip Code of
24        the billing addresses of subscribers of wireless
25        carriers.
26    (c) The moneys deposited into the Statewide 9-1-1 Fund

 

 

10300SB0853sam001- 11 -LRB103 03312 AWJ 64904 a

1under this Section shall not be subject to administrative
2charges or chargebacks unless otherwise authorized by this
3Act.
4    (d) Whenever two or more 9-1-1 Authorities consolidate,
5the resulting Joint Emergency Telephone System Board shall be
6entitled to the monthly payments that had theretofore been
7made to each consolidating 9-1-1 Authority. Any reserves held
8by any consolidating 9-1-1 Authority shall be transferred to
9the resulting Joint Emergency Telephone System Board. Whenever
10a county that has no 9-1-1 service as of January 1, 2016 enters
11into an agreement to consolidate to create or join a Joint
12Emergency Telephone System Board, the Joint Emergency
13Telephone System Board shall be entitled to the monthly
14payments that would have otherwise been paid to the county if
15it had provided 9-1-1 service.
16(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21;
17102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
18    (Text of Section after amendment by P.A. 103-366)
19    (Section scheduled to be repealed on December 31, 2025)
20    Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
21    (a) A special fund in the State treasury known as the
22Wireless Service Emergency Fund shall be renamed the Statewide
239-1-1 Fund. Any appropriations made from the Wireless Service
24Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
25The Fund shall consist of the following:

 

 

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1        (1) (Blank).
2        (2) 9-1-1 surcharges assessed under Section 20 of this
3    Act.
4        (3) Prepaid wireless 9-1-1 surcharges assessed under
5    Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
6        (4) Any appropriations, grants, or gifts made to the
7    Fund.
8        (5) Any income from interest, premiums, gains, or
9    other earnings on moneys in the Fund.
10        (6) Money from any other source that is deposited in
11    or transferred to the Fund.
12    (b) Subject to appropriation and availability of funds,
13the Illinois State Police shall distribute the 9-1-1
14surcharges monthly as follows:
15        (1) From each surcharge collected and remitted under
16    Section 20 of this Act:
17            (A) $0.013 shall be distributed monthly in equal
18        amounts to each County Emergency Telephone System
19        Board in counties with a population under 100,000
20        according to the most recent census data which is
21        authorized to serve as a primary wireless 9-1-1 public
22        safety answering point for the county and to provide
23        wireless 9-1-1 service as prescribed by subsection (b)
24        of Section 15.6a of this Act, and which does provide
25        such service.
26            (B) (Blank).

 

 

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1            (C) Until December 31, 2017, $0.007 and on and
2        after January 1, 2018, $0.017 shall be used to cover
3        the Illinois State Police's administrative costs.
4            (D) Beginning January 1, 2018, until June 30,
5        2020, $0.12, and on and after July 1, 2020, $0.04 shall
6        be used to make monthly disbursements to the
7        appropriate 9-1-1 Authority currently taking wireless
8        9-1-1 based upon the United States Postal Zip Code of
9        the billing addresses of subscribers wireless
10        carriers.
11            (E) Until June 30, 2025 2023, $0.05 shall be used
12        by the Illinois State Police for grants for NG9-1-1
13        expenses, with priority given to 9-1-1 Authorities
14        that provide 9-1-1 service within the territory of a
15        Large Electing Provider as defined in Section 13-406.1
16        of the Public Utilities Act.
17            (F) On and after July 1, 2020, $0.13 shall be used
18        for the implementation of and continuing expenses for
19        the Statewide NG9-1-1 system.
20        (1.5) Beginning on the effective date of this
21    amendatory Act of the 103rd General Assembly, to assist
22    with the implementation of the statewide Next Generation
23    9-1-1 network, the Illinois State Police's administrative
24    costs include the one-time capital cost of upgrading the
25    Illinois State Police's call-handling equipment to meet
26    the standards necessary to access and increase

 

 

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1    interoperability with the statewide Next Generation 9-1-1
2    network.
3            (A) Upon completion of the Illinois State Police's
4        call-handling equipment upgrades, but no later than
5        June 30, 2024, surplus moneys in excess of $1,000,000
6        from subparagraph (C) of paragraph (1) not utilized by
7        the Illinois State Police for administrative costs
8        shall be distributed to the 9-1-1 Authorities in
9        accordance with subparagraph (E) of paragraph (2) on
10        an annual basis at the end of the State fiscal year.
11        Any remaining surplus money may also be distributed
12        consistent with this paragraph (1.5) at the discretion
13        of the Illinois State Police.
14            (B) Upon implementation of the Statewide NG9-1-1
15        system, but no later than June 30, 2024, surplus
16        moneys in excess of $5,000,000 from subparagraph (F)
17        of paragraph (1) not utilized by the Illinois State
18        Police for the implementation of and continuing
19        expenses for the Statewide NG9-1-1 system shall be
20        distributed to the 9-1-1 Authorities in accordance
21        with subparagraph (E) of subsection (2) on an annual
22        basis at the end of the State fiscal year. Any
23        remaining surplus money may also be distributed
24        consistent with this paragraph (1.5) at the discretion
25        of the Illinois State Police.
26        (2) After disbursements under paragraph (1) of this

 

 

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1    subsection (b), all remaining funds in the Statewide 9-1-1
2    Fund shall be disbursed in the following priority order:
3            (A) The Fund shall pay monthly to:
4                (i) the 9-1-1 Authorities that imposed
5            surcharges under Section 15.3 of this Act and were
6            required to report to the Illinois Commerce
7            Commission under Section 27 of the Wireless
8            Emergency Telephone Safety Act on October 1, 2014,
9            except a 9-1-1 Authority in a municipality with a
10            population in excess of 500,000, an amount equal
11            to the average monthly wireline and VoIP surcharge
12            revenue attributable to the most recent 12-month
13            period reported to the Illinois State Police under
14            that Section for the October 1, 2014 filing,
15            subject to the power of the Illinois State Police
16            to investigate the amount reported and adjust the
17            number by order under Article X of the Public
18            Utilities Act, so that the monthly amount paid
19            under this item accurately reflects one-twelfth of
20            the aggregate wireline and VoIP surcharge revenue
21            properly attributable to the most recent 12-month
22            period reported to the Commission; or
23                (ii) county qualified governmental entities
24            that did not impose a surcharge under Section 15.3
25            as of December 31, 2015, and counties that did not
26            impose a surcharge as of June 30, 2015, an amount

 

 

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1            equivalent to their population multiplied by .37
2            multiplied by the rate of $0.69; counties that are
3            not county qualified governmental entities and
4            that did not impose a surcharge as of December 31,
5            2015, shall not begin to receive the payment
6            provided for in this subsection until E9-1-1 and
7            wireless E9-1-1 services are provided within their
8            counties; or
9                (iii) counties without 9-1-1 service that had
10            a surcharge in place by December 31, 2015, an
11            amount equivalent to their population multiplied
12            by .37 multiplied by their surcharge rate as
13            established by the referendum.
14            (B) All 9-1-1 network costs for systems outside of
15        municipalities with a population of at least 500,000
16        shall be paid by the Illinois State Police directly to
17        the vendors.
18            (C) All expenses incurred by the Administrator and
19        the Statewide 9-1-1 Advisory Board and costs
20        associated with procurement under Section 15.6b
21        including requests for information and requests for
22        proposals.
23            (D) Funds may be held in reserve by the Statewide
24        9-1-1 Advisory Board and disbursed by the Illinois
25        State Police for grants under Section 15.4b of this
26        Act and for NG9-1-1 expenses up to $12.5 million per

 

 

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1        year in State fiscal years 2016 and 2017; up to $20
2        million in State fiscal year 2018; up to $20.9 million
3        in State fiscal year 2019; up to $15.3 million in State
4        fiscal year 2020; up to $16.2 million in State fiscal
5        year 2021; up to $23.1 million in State fiscal year
6        2022; and up to $17.0 million per year for State fiscal
7        year 2023 and each year thereafter. The amount held in
8        reserve in State fiscal years 2021, 2022, and 2023
9        shall not be less than $6.5 million. Disbursements
10        under this subparagraph (D) shall be prioritized as
11        follows: (i) consolidation grants prioritized under
12        subsection (a) of Section 15.4b of this Act; (ii)
13        NG9-1-1 expenses; and (iii) consolidation grants under
14        Section 15.4b of this Act for consolidation expenses
15        incurred between January 1, 2010, and January 1, 2016.
16            (E) All remaining funds per remit month shall be
17        used to make monthly disbursements to the appropriate
18        9-1-1 Authority currently taking wireless 9-1-1 based
19        upon the United States Postal Zip Code of the billing
20        addresses of subscribers of wireless carriers.
21    (c) The moneys deposited into the Statewide 9-1-1 Fund
22under this Section shall not be subject to administrative
23charges or chargebacks unless otherwise authorized by this
24Act.
25    (d) Whenever two or more 9-1-1 Authorities consolidate,
26the resulting Joint Emergency Telephone System Board shall be

 

 

10300SB0853sam001- 18 -LRB103 03312 AWJ 64904 a

1entitled to the monthly payments that had theretofore been
2made to each consolidating 9-1-1 Authority. Any reserves held
3by any consolidating 9-1-1 Authority shall be transferred to
4the resulting Joint Emergency Telephone System Board. Whenever
5a county that has no 9-1-1 service as of January 1, 2016 enters
6into an agreement to consolidate to create or join a Joint
7Emergency Telephone System Board, the Joint Emergency
8Telephone System Board shall be entitled to the monthly
9payments that would have otherwise been paid to the county if
10it had provided 9-1-1 service.
11(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
12102-813, eff. 5-13-22; 103-366, eff. 1-1-24.)
 
13    (50 ILCS 750/35)
14    (Text of Section before amendment by P.A. 103-366)
15    (Section scheduled to be repealed on December 31, 2025)
16    Sec. 35. 9-1-1 surcharge; allowable expenditures. Except
17as otherwise provided in this Act, expenditures from surcharge
18revenues received under this Act may be made by
19municipalities, counties, and 9-1-1 Authorities only to pay
20for the costs associated with the following:
21        (1) The design of the Emergency Telephone System.
22        (2) The coding of an initial Master Street Address
23    Guide database, and update and maintenance thereof.
24        (3) The repayment of any moneys advanced for the
25    implementation of the system.

 

 

10300SB0853sam001- 19 -LRB103 03312 AWJ 64904 a

1        (4) The charges for Automatic Number Identification
2    and Automatic Location Identification equipment, a
3    computer aided dispatch system that records, maintains,
4    and integrates information, mobile data transmitters
5    equipped with automatic vehicle locators, and maintenance,
6    replacement, and update thereof to increase operational
7    efficiency and improve the provision of emergency
8    services.
9        (5) The non-recurring charges related to installation
10    of the Emergency Telephone System.
11        (6) The initial acquisition and installation, or the
12    reimbursement of costs therefor to other governmental
13    bodies that have incurred those costs, of road or street
14    signs that are essential to the implementation of the
15    Emergency Telephone System and that are not duplicative of
16    signs that are the responsibility of the jurisdiction
17    charged with maintaining road and street signs. Funds may
18    not be used for ongoing expenses associated with road or
19    street sign maintenance and replacement.
20        (7) Other products and services necessary for the
21    implementation, upgrade, and maintenance of the system and
22    any other purpose related to the operation of the system,
23    including costs attributable directly to the construction,
24    leasing, or maintenance of any buildings or facilities or
25    costs of personnel attributable directly to the operation
26    of the system. Costs attributable directly to the

 

 

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1    operation of an emergency telephone system do not include
2    the costs of public safety agency personnel who are and
3    equipment that is dispatched in response to an emergency
4    call.
5        (8) The defraying of expenses incurred to implement
6    Next Generation 9-1-1, subject to the conditions set forth
7    in this Act.
8        (9) The implementation of a computer aided dispatch
9    system or hosted supplemental 9-1-1 services.
10        (10) The design, implementation, operation,
11    maintenance, or upgrade of wireless 9-1-1, E9-1-1, or
12    NG9-1-1 emergency services and public safety answering
13    points.
14    In the case of a municipality with a population over
15500,000, moneys may also be used for any anti-terrorism or
16emergency preparedness measures, including, but not limited
17to, preparedness planning, providing local matching funds for
18federal or State grants, personnel training, and specialized
19equipment, including surveillance cameras, as needed to deal
20with natural and terrorist-inspired emergency situations or
21events.
22(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
23    (Text of Section after amendment by P.A. 103-366)
24    (Section scheduled to be repealed on December 31, 2025)
25    Sec. 35. 9-1-1 surcharge; allowable expenditures.

 

 

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1    (a) Except as otherwise provided in this Act, expenditures
2from surcharge revenues received under this Act shall be made
3consistent with 47 CFR 9.23, which include the following:
4        (1) support and implementation of 9-1-1 services
5    provided by or in the State or taxing jurisdiction
6    imposing the fee or charge; and
7        (2) operational expenses of public safety answering
8    points within the State. Examples of allowable
9    expenditures include, but are not limited to:
10            (A) PSAP operating costs, including lease,
11        purchase, maintenance, replacement, and upgrade of
12        customer premises equipment (hardware and software),
13        CAD equipment (hardware and software), and the PSAP
14        building and facility and including NG9-1-1,
15        cybersecurity, pre-arrival instructions, and emergency
16        notification systems. PSAP operating costs include
17        technological innovation that supports 9-1-1;
18            (B) PSAP personnel costs, including
19        telecommunicators' salaries and training;
20            (C) PSAP administration, including costs for
21        administration of 9-1-1 services and travel expenses
22        associated with the provision of 9-1-1 services;
23            (D) integrating public safety and first responder
24        dispatch and 9-1-1 systems, including lease, purchase,
25        maintenance, and upgrade of CAD equipment (hardware
26        and software) to support integrated 9-1-1 and public

 

 

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1        safety dispatch operations; and
2            (E) providing the interoperability of 9-1-1
3        systems with one another and with public safety and
4        first responder radio systems; and .
5            (F) costs for the initial acquisition and
6        installation of road or street signs that are
7        essential to the implementation of the Emergency
8        Telephone System and that are not duplicative of signs
9        that are the responsibility of the jurisdiction
10        charged with maintaining road and street signs, as
11        well as costs incurred to reimburse governmental
12        bodies for the acquisition and installation of those
13        signs, except that expenditures may not be used for
14        ongoing expenses associated with sign maintenance and
15        replacement.
16        (3) (Blank).
17        (4) (Blank).
18        (5) (Blank).
19        (6) (Blank).
20        (7) (Blank).
21        (8) (Blank).
22        (9) (Blank).
23        (10) (Blank).
24    (b) The obligation or expenditure of surcharge revenues
25received under this Act for a purpose or function inconsistent
26with 47 CFR 9.23 and this Section shall constitute diversion,

 

 

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1which undermines the purpose of this Act by depriving the
29-1-1 system of the funds it needs to function effectively and
3to modernize 9-1-1 operations. Examples of diversion include,
4but are not limited to:
5        (1) transfer of 9-1-1 fees into a State or other
6    jurisdiction's general fund or other fund for non-9-1-1
7    purposes;
8        (2) use of surcharge revenues for equipment or
9    infrastructure for constructing or expanding
10    non-public-safety communications networks (e.g.,
11    commercial cellular networks); and
12        (3) use of surcharge revenues for equipment or
13    infrastructure for law enforcement, firefighters, and
14    other public safety or first responder entities that does
15    not directly support providing 9-1-1 services.
16    (c) In the case of a municipality with a population over
17500,000, moneys may also be used for any anti-terrorism or
18emergency preparedness measures, including, but not limited
19to, preparedness planning, providing local matching funds for
20federal or State grants, personnel training, and specialized
21equipment, including surveillance cameras, as needed to deal
22with natural and terrorist-inspired emergency situations or
23events.
24(Source: P.A. 103-366, eff. 1-1-24.)
 
25    Section 15. The Child Care Act of 1969 is amended by

 

 

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1changing Sections 2.06 and 2.17 and by adding Section 2.35 as
2follows:
 
3    (225 ILCS 10/2.06)  (from Ch. 23, par. 2212.06)
4    Sec. 2.06. "Child care institution" means a child care
5facility where more than 7 children are received and
6maintained for the purpose of providing them with care or
7training or both. The term "child care institution" includes
8residential schools, primarily serving ambulatory children
9with disabilities, and those operating a full calendar year,
10but does not include:
11        (a) any State-operated institution for child care
12    established by legislative action;
13        (b) any juvenile detention or shelter care home
14    established and operated by any county or child protection
15    district established under the "Child Protection Act";
16        (c) any institution, home, place or facility operating
17    under a license pursuant to the Nursing Home Care Act, the
18    Specialized Mental Health Rehabilitation Act of 2013, the
19    ID/DD Community Care Act, or the MC/DD Act;
20        (d) any bona fide boarding school in which children
21    are primarily taught branches of education corresponding
22    to those taught in public schools, grades one through 12,
23    or taught in public elementary schools, high schools, or
24    both elementary and high schools, and which operates on a
25    regular academic school year basis; or

 

 

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1        (e) any facility licensed as a "group home" as defined
2    in this Act; or .
3        (f) any qualified residential treatment program.
4(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
599-180, eff. 7-29-15; 99-642, eff. 7-28-16.)
 
6    (225 ILCS 10/2.17)  (from Ch. 23, par. 2212.17)
7    Sec. 2.17. "Foster family home" means the home of an
8individual or family:
9    (1) that is licensed or approved by the state in which it
10is situated as a foster family home that meets the standards
11established for the licensing or approval; and
12    (2) in which a child in foster care has been placed in the
13care of an individual who resides with the child and who has
14been licensed or approved by the state to be a foster parent
15and:
16        (A) who the Department of Children and Family Services
17    deems capable of adhering to the reasonable and prudent
18    parent standard;
19        (B) who provides 24-hour substitute care for children
20    placed away from their parents or other caretakers; and
21    (3) who provides the care for a facility for child care in
22residences of families who receive no more than 6 children
23unrelated to them, unless all the children are of common
24parentage, or residences of relatives who receive no more than
256 related children placed by the Department, unless the

 

 

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1children are of common parentage, for the purpose of providing
2family care and training for the children on a full-time
3basis, except the Director of Children and Family Services,
4pursuant to Department regulations, may waive the numerical
5limitation of foster children who may be cared for in a foster
6family home for any of the following reasons to allow: (i) (1)
7a parenting youth in foster care to remain with the child of
8the parenting youth; (ii) (2) siblings to remain together;
9(iii) (3) a child with an established meaningful relationship
10with the family to remain with the family; or (iv) (4) a family
11with special training or skills to provide care to a child who
12has a severe disability. The family's or relative's own
13children, under 18 years of age, shall be included in
14determining the maximum number of children served.
15    For purposes of this Section, a "relative" includes any
16person, 21 years of age or over, other than the parent, who (i)
17is currently related to the child in any of the following ways
18by blood or adoption: grandparent, sibling, great-grandparent,
19uncle, aunt, nephew, niece, first cousin, great-uncle, or
20great-aunt; or (ii) is the spouse of such a relative; or (iii)
21is a child's step-father, step-mother, or adult step-brother
22or step-sister; or (iv) is a fictive kin; "relative" also
23includes a person related in any of the foregoing ways to a
24sibling of a child, even though the person is not related to
25the child, when the child and its sibling are placed together
26with that person. For purposes of placement of children

 

 

10300SB0853sam001- 27 -LRB103 03312 AWJ 64904 a

1pursuant to Section 7 of the Children and Family Services Act
2and for purposes of licensing requirements set forth in
3Section 4 of this Act, for children under the custody or
4guardianship of the Department pursuant to the Juvenile Court
5Act of 1987, after a parent signs a consent, surrender, or
6waiver or after a parent's rights are otherwise terminated,
7and while the child remains in the custody or guardianship of
8the Department, the child is considered to be related to those
9to whom the child was related under this Section prior to the
10signing of the consent, surrender, or waiver or the order of
11termination of parental rights.
12    The term "foster family home" includes homes receiving
13children from any State-operated institution for child care;
14or from any agency established by a municipality or other
15political subdivision of the State of Illinois authorized to
16provide care for children outside their own homes. The term
17"foster family home" does not include an "adoption-only home"
18as defined in Section 2.23 of this Act. The types of foster
19family homes are defined as follows:
20        (a) "Boarding home" means a foster family home which
21    receives payment for regular full-time care of a child or
22    children.
23        (b) "Free home" means a foster family home other than
24    an adoptive home which does not receive payments for the
25    care of a child or children.
26        (c) "Adoptive home" means a foster family home which

 

 

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1    receives a child or children for the purpose of adopting
2    the child or children, but does not include an
3    adoption-only home.
4        (d) "Work-wage home" means a foster family home which
5    receives a child or children who pay part or all of their
6    board by rendering some services to the family not
7    prohibited by the Child Labor Law or by standards or
8    regulations of the Department prescribed under this Act.
9    The child or children may receive a wage in connection
10    with the services rendered the foster family.
11        (e) "Agency-supervised home" means a foster family
12    home under the direct and regular supervision of a
13    licensed child welfare agency, of the Department of
14    Children and Family Services, of a circuit court, or of
15    any other State agency which has authority to place
16    children in child care facilities, and which receives no
17    more than 8 children, unless of common parentage, who are
18    placed and are regularly supervised by one of the
19    specified agencies.
20        (f) "Independent home" means a foster family home,
21    other than an adoptive home, which receives no more than 4
22    children, unless of common parentage, directly from
23    parents, or other legally responsible persons, by
24    independent arrangement and which is not subject to direct
25    and regular supervision of a specified agency except as
26    such supervision pertains to licensing by the Department.

 

 

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1        (g) "Host home" means an emergency foster family home
2    under the direction and regular supervision of a licensed
3    child welfare agency, contracted to provide short-term
4    crisis intervention services to youth served under the
5    Comprehensive Community-Based Youth Services program,
6    under the direction of the Department of Human Services.
7    The youth shall not be under the custody or guardianship
8    of the Department pursuant to the Juvenile Court Act of
9    1987.
10(Source: P.A. 101-63, eff. 7-12-19; 102-688, eff. 7-1-22.)
 
11    (225 ILCS 10/2.35 new)
12    Sec. 2.35. "Qualified residential treatment program" means
13a program that:
14    (1) has a trauma-informed treatment model that is designed
15to address the needs, including clinical needs as appropriate,
16of children with serious emotional or behavioral disorders or
17disturbances and, with respect to a child, is able to
18implement the treatment identified for the child by the
19assessment of the child required under 42 U.S.C. 675a(c);
20    (2) whether by acquisition of direct employment or
21otherwise, has registered or licensed nursing staff and other
22licensed clinical staff who:
23        (A) provide care within the scope of their practice as
24    defined by law;
25        (B) are located on-site; and

 

 

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1        (C) are available 24 hours a day, 7 days a week;
2    (3) to the extent appropriate, and in accordance with the
3child's best interests, facilitates participation of family
4members in the child's treatment program;
5    (4) facilitates outreach to the family members of the
6child, including siblings, documents how the outreach is made,
7including contact information, and maintains contact
8information for any known biological family and fictive kin of
9the child;
10    (5) documents how family members are integrated into the
11treatment process for the child, including post-discharge, and
12how sibling connections are maintained;
13    (6) provides discharge planning and family-based aftercare
14support for at least 6 months post-discharge; and
15    (7) is licensed in accordance with this Act and is
16accredited by any of the following independent, not-for-profit
17organizations:
18        (A) the Commission on Accreditation of Rehabilitation
19    Facilities;
20        (B) the Joint Commission;
21        (C) the Council on Accreditation; or
22        (D) any other independent, not-for-profit accrediting
23    organization approved by the Secretary of Health and Human
24    Services as described in 42 U.S.C. 672 (k)(4).
 
25    Section 20. The Juvenile Court Act of 1987 is amended by

 

 

10300SB0853sam001- 31 -LRB103 03312 AWJ 64904 a

1changing Section 1-3 as follows:
 
2    (705 ILCS 405/1-3)  (from Ch. 37, par. 801-3)
3    Sec. 1-3. Definitions. Terms used in this Act, unless the
4context otherwise requires, have the following meanings
5ascribed to them:
6    (1) "Adjudicatory hearing" means a hearing to determine
7whether the allegations of a petition under Section 2-13,
83-15, or 4-12 that a minor under 18 years of age is abused,
9neglected, or dependent, or requires authoritative
10intervention, or addicted, respectively, are supported by a
11preponderance of the evidence or whether the allegations of a
12petition under Section 5-520 that a minor is delinquent are
13proved beyond a reasonable doubt.
14    (2) "Adult" means a person 21 years of age or older.
15    (3) "Agency" means a public or private child care facility
16legally authorized or licensed by this State for placement or
17institutional care or for both placement and institutional
18care.
19    (4) "Association" means any organization, public or
20private, engaged in welfare functions which include services
21to or on behalf of children but does not include "agency" as
22herein defined.
23    (4.05) Whenever a "best interest" determination is
24required, the following factors shall be considered in the
25context of the child's age and developmental needs:

 

 

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1        (a) the physical safety and welfare of the child,
2    including food, shelter, health, and clothing;
3        (b) the development of the child's identity;
4        (c) the child's background and ties, including
5    familial, cultural, and religious;
6        (d) the child's sense of attachments, including:
7            (i) where the child actually feels love,
8        attachment, and a sense of being valued (as opposed to
9        where adults believe the child should feel such love,
10        attachment, and a sense of being valued);
11            (ii) the child's sense of security;
12            (iii) the child's sense of familiarity;
13            (iv) continuity of affection for the child;
14            (v) the least disruptive placement alternative for
15        the child;
16        (e) the child's wishes and long-term goals;
17        (f) the child's community ties, including church,
18    school, and friends;
19        (g) the child's need for permanence which includes the
20    child's need for stability and continuity of relationships
21    with parent figures and with siblings and other relatives;
22        (h) the uniqueness of every family and child;
23        (i) the risks attendant to entering and being in
24    substitute care; and
25        (j) the preferences of the persons available to care
26    for the child.

 

 

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1    (4.1) "Chronic truant" shall have the definition ascribed
2to it in Section 26-2a of the School Code.
3    (5) "Court" means the circuit court in a session or
4division assigned to hear proceedings under this Act.
5    (6) "Dispositional hearing" means a hearing to determine
6whether a minor should be adjudged to be a ward of the court,
7and to determine what order of disposition should be made in
8respect to a minor adjudged to be a ward of the court.
9    (6.5) "Dissemination" or "disseminate" means to publish,
10produce, print, manufacture, distribute, sell, lease, exhibit,
11broadcast, display, transmit, or otherwise share information
12in any format so as to make the information accessible to
13others.
14    (7) "Emancipated minor" means any minor 16 years of age or
15over who has been completely or partially emancipated under
16the Emancipation of Minors Act or under this Act.
17    (7.03) "Expunge" means to physically destroy the records
18and to obliterate the minor's name from any official index,
19public record, or electronic database.
20    (7.05) "Foster parent" includes a relative caregiver
21selected by the Department of Children and Family Services to
22provide care for the minor.
23    (8) "Guardianship of the person" of a minor means the duty
24and authority to act in the best interests of the minor,
25subject to residual parental rights and responsibilities, to
26make important decisions in matters having a permanent effect

 

 

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1on the life and development of the minor and to be concerned
2with the minor's general welfare. It includes but is not
3necessarily limited to:
4        (a) the authority to consent to marriage, to
5    enlistment in the armed forces of the United States, or to
6    a major medical, psychiatric, and surgical treatment; to
7    represent the minor in legal actions; and to make other
8    decisions of substantial legal significance concerning the
9    minor;
10        (b) the authority and duty of reasonable visitation,
11    except to the extent that these have been limited in the
12    best interests of the minor by court order;
13        (c) the rights and responsibilities of legal custody
14    except where legal custody has been vested in another
15    person or agency; and
16        (d) the power to consent to the adoption of the minor,
17    but only if expressly conferred on the guardian in
18    accordance with Section 2-29, 3-30, or 4-27.
19    (8.1) "Juvenile court record" includes, but is not limited
20to:
21        (a) all documents filed in or maintained by the
22    juvenile court pertaining to a specific incident,
23    proceeding, or individual;
24        (b) all documents relating to a specific incident,
25    proceeding, or individual made available to or maintained
26    by probation officers;

 

 

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1        (c) all documents, video or audio tapes, photographs,
2    and exhibits admitted into evidence at juvenile court
3    hearings; or
4        (d) all documents, transcripts, records, reports, or
5    other evidence prepared by, maintained by, or released by
6    any municipal, county, or State agency or department, in
7    any format, if indicating involvement with the juvenile
8    court relating to a specific incident, proceeding, or
9    individual.
10    (8.2) "Juvenile law enforcement record" includes records
11of arrest, station adjustments, fingerprints, probation
12adjustments, the issuance of a notice to appear, or any other
13records or documents maintained by any law enforcement agency
14relating to a minor suspected of committing an offense, and
15records maintained by a law enforcement agency that identifies
16a juvenile as a suspect in committing an offense, but does not
17include records identifying a juvenile as a victim, witness,
18or missing juvenile and any records created, maintained, or
19used for purposes of referral to programs relating to
20diversion as defined in subsection (6) of Section 5-105.
21    (9) "Legal custody" means the relationship created by an
22order of court in the best interests of the minor which imposes
23on the custodian the responsibility of physical possession of
24a minor and the duty to protect, train and discipline the minor
25and to provide the minor with food, shelter, education, and
26ordinary medical care, except as these are limited by residual

 

 

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1parental rights and responsibilities and the rights and
2responsibilities of the guardian of the person, if any.
3    (9.1) "Mentally capable adult relative" means a person 21
4years of age or older who is not suffering from a mental
5illness that prevents the person from providing the care
6necessary to safeguard the physical safety and welfare of a
7minor who is left in that person's care by the parent or
8parents or other person responsible for the minor's welfare.
9    (10) "Minor" means a person under the age of 21 years
10subject to this Act.
11    (11) "Parent" means a father or mother of a child and
12includes any adoptive parent. It also includes a person (i)
13whose parentage is presumed or has been established under the
14law of this or another jurisdiction or (ii) who has registered
15with the Putative Father Registry in accordance with Section
1612.1 of the Adoption Act and whose paternity has not been ruled
17out under the law of this or another jurisdiction. It does not
18include a parent whose rights in respect to the minor have been
19terminated in any manner provided by law. It does not include a
20person who has been or could be determined to be a parent under
21the Illinois Parentage Act of 1984 or the Illinois Parentage
22Act of 2015, or similar parentage law in any other state, if
23that person has been convicted of or pled nolo contendere to a
24crime that resulted in the conception of the child under
25Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,
2612-14.1, subsection (a) or (b) (but not subsection (c)) of

 

 

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1Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
2(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
3Criminal Code of 1961 or the Criminal Code of 2012, or similar
4statute in another jurisdiction unless upon motion of any
5party, other than the offender, to the juvenile court
6proceedings the court finds it is in the child's best interest
7to deem the offender a parent for purposes of the juvenile
8court proceedings.
9    (11.1) "Permanency goal" means a goal set by the court as
10defined in subdivision (2) of Section 2-28.
11    (11.2) "Permanency hearing" means a hearing to set the
12permanency goal and to review and determine (i) the
13appropriateness of the services contained in the plan and
14whether those services have been provided, (ii) whether
15reasonable efforts have been made by all the parties to the
16service plan to achieve the goal, and (iii) whether the plan
17and goal have been achieved.
18    (12) "Petition" means the petition provided for in Section
192-13, 3-15, 4-12, or 5-520, including any supplemental
20petitions thereunder in Section 3-15, 4-12, or 5-520.
21    (12.1) "Physically capable adult relative" means a person
2221 years of age or older who does not have a severe physical
23disability or medical condition, or is not suffering from
24alcoholism or drug addiction, that prevents the person from
25providing the care necessary to safeguard the physical safety
26and welfare of a minor who is left in that person's care by the

 

 

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1parent or parents or other person responsible for the minor's
2welfare.
3    (12.2) "Post Permanency Sibling Contact Agreement" has the
4meaning ascribed to the term in Section 7.4 of the Children and
5Family Services Act.
6    (12.3) "Residential treatment center" means a licensed
7setting that provides 24-hour care to children in a group home
8or institution, including a facility licensed as a child care
9institution under Section 2.06 of the Child Care Act of 1969, a
10licensed group home under Section 2.16 of the Child Care Act of
111969, a qualified residential treatment program under Section
122.35 of the Child Care Act of 1969, a secure child care
13facility as defined in paragraph (18) of this Section, or any
14similar facility in another state. "Residential treatment
15center" does not include a relative foster home or a licensed
16foster family home.
17    (13) "Residual parental rights and responsibilities" means
18those rights and responsibilities remaining with the parent
19after the transfer of legal custody or guardianship of the
20person, including, but not necessarily limited to, the right
21to reasonable visitation (which may be limited by the court in
22the best interests of the minor as provided in subsection
23(8)(b) of this Section), the right to consent to adoption, the
24right to determine the minor's religious affiliation, and the
25responsibility for the minor's support.
26    (14) "Shelter" means the temporary care of a minor in

 

 

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1physically unrestricting facilities pending court disposition
2or execution of court order for placement.
3    (14.05) "Shelter placement" means a temporary or emergency
4placement for a minor, including an emergency foster home
5placement.
6    (14.1) "Sibling Contact Support Plan" has the meaning
7ascribed to the term in Section 7.4 of the Children and Family
8Services Act.
9    (14.2) "Significant event report" means a written document
10describing an occurrence or event beyond the customary
11operations, routines, or relationships in the Department of
12Children of Family Services, a child care facility, or other
13entity that is licensed or regulated by the Department of
14Children of Family Services or that provides services for the
15Department of Children of Family Services under a grant,
16contract, or purchase of service agreement; involving children
17or youth, employees, foster parents, or relative caregivers;
18allegations of abuse or neglect or any other incident raising
19a concern about the well-being of a minor under the
20jurisdiction of the court under Article II of the Juvenile
21Court Act of 1987; incidents involving damage to property,
22allegations of criminal activity, misconduct, or other
23occurrences affecting the operations of the Department of
24Children of Family Services or a child care facility; any
25incident that could have media impact; and unusual incidents
26as defined by Department of Children and Family Services rule.

 

 

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1    (15) "Station adjustment" means the informal handling of
2an alleged offender by a juvenile police officer.
3    (16) "Ward of the court" means a minor who is so adjudged
4under Section 2-22, 3-23, 4-20, or 5-705, after a finding of
5the requisite jurisdictional facts, and thus is subject to the
6dispositional powers of the court under this Act.
7    (17) "Juvenile police officer" means a sworn police
8officer who has completed a Basic Recruit Training Course, has
9been assigned to the position of juvenile police officer by
10the officer's chief law enforcement officer and has completed
11the necessary juvenile officers training as prescribed by the
12Illinois Law Enforcement Training Standards Board, or in the
13case of a State police officer, juvenile officer training
14approved by the Director of the Illinois State Police.
15    (18) "Secure child care facility" means any child care
16facility licensed by the Department of Children and Family
17Services to provide secure living arrangements for children
18under 18 years of age who are subject to placement in
19facilities under the Children and Family Services Act and who
20are not subject to placement in facilities for whom standards
21are established by the Department of Corrections under Section
223-15-2 of the Unified Code of Corrections. "Secure child care
23facility" also means a facility that is designed and operated
24to ensure that all entrances and exits from the facility, a
25building, or a distinct part of the building are under the
26exclusive control of the staff of the facility, whether or not

 

 

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1the child has the freedom of movement within the perimeter of
2the facility, building, or distinct part of the building.
3(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)
 
4    Section 25. The Unified Code of Corrections is amended by
5changing Section 5-4.5-110 as follows:
 
6    (730 ILCS 5/5-4.5-110)
7    (Section scheduled to be repealed on January 1, 2024)
8    Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH
9PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
10    (a) DEFINITIONS. For the purposes of this Section:
11        "Firearm" has the meaning ascribed to it in Section
12    1.1 of the Firearm Owners Identification Card Act.
13        "Qualifying predicate offense" means the following
14    offenses under the Criminal Code of 2012:
15            (A) aggravated unlawful use of a weapon under
16        Section 24-1.6 or similar offense under the Criminal
17        Code of 1961, when the weapon is a firearm;
18            (B) unlawful use or possession of a weapon by a
19        felon under Section 24-1.1 or similar offense under
20        the Criminal Code of 1961, when the weapon is a
21        firearm;
22            (C) first degree murder under Section 9-1 or
23        similar offense under the Criminal Code of 1961;
24            (D) attempted first degree murder with a firearm

 

 

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1        or similar offense under the Criminal Code of 1961;
2            (E) aggravated kidnapping with a firearm under
3        paragraph (6) or (7) of subsection (a) of Section 10-2
4        or similar offense under the Criminal Code of 1961;
5            (F) aggravated battery with a firearm under
6        subsection (e) of Section 12-3.05 or similar offense
7        under the Criminal Code of 1961;
8            (G) aggravated criminal sexual assault under
9        Section 11-1.30 or similar offense under the Criminal
10        Code of 1961;
11            (H) predatory criminal sexual assault of a child
12        under Section 11-1.40 or similar offense under the
13        Criminal Code of 1961;
14            (I) armed robbery under Section 18-2 or similar
15        offense under the Criminal Code of 1961;
16            (J) vehicular hijacking under Section 18-3 or
17        similar offense under the Criminal Code of 1961;
18            (K) aggravated vehicular hijacking under Section
19        18-4 or similar offense under the Criminal Code of
20        1961;
21            (L) home invasion with a firearm under paragraph
22        (3), (4), or (5) of subsection (a) of Section 19-6 or
23        similar offense under the Criminal Code of 1961;
24            (M) aggravated discharge of a firearm under
25        Section 24-1.2 or similar offense under the Criminal
26        Code of 1961;

 

 

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1            (N) aggravated discharge of a machine gun or a
2        firearm equipped with a device designed or used for
3        silencing the report of a firearm under Section
4        24-1.2-5 or similar offense under the Criminal Code of
5        1961;
6            (0) unlawful use of firearm projectiles under
7        Section 24-2.1 or similar offense under the Criminal
8        Code of 1961;
9            (P) manufacture, sale, or transfer of bullets or
10        shells represented to be armor piercing bullets,
11        dragon's breath shotgun shells, bolo shells, or
12        flechette shells under Section 24-2.2 or similar
13        offense under the Criminal Code of 1961;
14            (Q) unlawful sale or delivery of firearms under
15        Section 24-3 or similar offense under the Criminal
16        Code of 1961;
17            (R) unlawful discharge of firearm projectiles
18        under Section 24-3.2 or similar offense under the
19        Criminal Code of 1961;
20            (S) unlawful sale or delivery of firearms on
21        school premises of any school under Section 24-3.3 or
22        similar offense under the Criminal Code of 1961;
23            (T) unlawful purchase of a firearm under Section
24        24-3.5 or similar offense under the Criminal Code of
25        1961;
26            (U) use of a stolen firearm in the commission of an

 

 

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1        offense under Section 24-3.7 or similar offense under
2        the Criminal Code of 1961;
3            (V) possession of a stolen firearm under Section
4        24-3.8 or similar offense under the Criminal Code of
5        1961;
6            (W) aggravated possession of a stolen firearm
7        under Section 24-3.9 or similar offense under the
8        Criminal Code of 1961;
9            (X) gunrunning under Section 24-3A or similar
10        offense under the Criminal Code of 1961;
11            (Y) defacing identification marks of firearms
12        under Section 24-5 or similar offense under the
13        Criminal Code of 1961; and
14            (Z) armed violence under Section 33A-2 or similar
15        offense under the Criminal Code of 1961.
16    (b) APPLICABILITY. For an offense committed on or after
17January 1, 2018 (the effective date of Public Act 100-3) and
18before January 1, 2025 2024, when a person is convicted of
19unlawful use or possession of a weapon by a felon, when the
20weapon is a firearm, or aggravated unlawful use of a weapon,
21when the weapon is a firearm, after being previously convicted
22of a qualifying predicate offense the person shall be subject
23to the sentencing guidelines under this Section.
24    (c) SENTENCING GUIDELINES.
25        (1) When a person is convicted of unlawful use or
26    possession of a weapon by a felon, when the weapon is a

 

 

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1    firearm, and that person has been previously convicted of
2    a qualifying predicate offense, the person shall be
3    sentenced to a term of imprisonment within the sentencing
4    range of not less than 7 years and not more than 14 years,
5    unless the court finds that a departure from the
6    sentencing guidelines under this paragraph is warranted
7    under subsection (d) of this Section.
8        (2) When a person is convicted of aggravated unlawful
9    use of a weapon, when the weapon is a firearm, and that
10    person has been previously convicted of a qualifying
11    predicate offense, the person shall be sentenced to a term
12    of imprisonment within the sentencing range of not less
13    than 6 years and not more than 7 years, unless the court
14    finds that a departure from the sentencing guidelines
15    under this paragraph is warranted under subsection (d) of
16    this Section.
17        (3) The sentencing guidelines in paragraphs (1) and
18    (2) of this subsection (c) apply only to offenses
19    committed on and after January 1, 2018 (the effective date
20    of Public Act 100-3) and before January 1, 2025 2024.
21    (d) DEPARTURE FROM SENTENCING GUIDELINES.
22        (1) At the sentencing hearing conducted under Section
23    5-4-1 of this Code, the court may depart from the
24    sentencing guidelines provided in subsection (c) of this
25    Section and impose a sentence otherwise authorized by law
26    for the offense if the court, after considering any factor

 

 

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1    under paragraph (2) of this subsection (d) relevant to the
2    nature and circumstances of the crime and to the history
3    and character of the defendant, finds on the record
4    substantial and compelling justification that the sentence
5    within the sentencing guidelines would be unduly harsh and
6    that a sentence otherwise authorized by law would be
7    consistent with public safety and does not deprecate the
8    seriousness of the offense.
9        (2) In deciding whether to depart from the sentencing
10    guidelines under this paragraph, the court shall consider:
11            (A) the age, immaturity, or limited mental
12        capacity of the defendant at the time of commission of
13        the qualifying predicate or current offense, including
14        whether the defendant was suffering from a mental or
15        physical condition insufficient to constitute a
16        defense but significantly reduced the defendant's
17        culpability;
18            (B) the nature and circumstances of the qualifying
19        predicate offense;
20            (C) the time elapsed since the qualifying
21        predicate offense;
22            (D) the nature and circumstances of the current
23        offense;
24            (E) the defendant's prior criminal history;
25            (F) whether the defendant committed the qualifying
26        predicate or current offense under specific and

 

 

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1        credible duress, coercion, threat, or compulsion;
2            (G) whether the defendant aided in the
3        apprehension of another felon or testified truthfully
4        on behalf of another prosecution of a felony; and
5            (H) whether departure is in the interest of the
6        person's rehabilitation, including employment or
7        educational or vocational training, after taking into
8        account any past rehabilitation efforts or
9        dispositions of probation or supervision, and the
10        defendant's cooperation or response to rehabilitation.
11        (3) When departing from the sentencing guidelines
12    under this Section, the court shall specify on the record,
13    the particular evidence, information, factor or factors,
14    or other reasons which led to the departure from the
15    sentencing guidelines. When departing from the sentencing
16    range in accordance with this subsection (d), the court
17    shall indicate on the sentencing order which departure
18    factor or factors outlined in paragraph (2) of this
19    subsection (d) led to the sentence imposed. The sentencing
20    order shall be filed with the clerk of the court and shall
21    be a public record.
22    (e) This Section is repealed on January 1, 2025 2024.
23(Source: P.A. 102-1109, eff. 12-21-22.)
 
24    Section 30. The Crime Victims Compensation Act is amended
25by changing Sections 2 and 10.1 as follows:
 

 

 

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1    (740 ILCS 45/2)
2    Sec. 2. Definitions. As used in this Act, unless the
3context otherwise requires:
4    (a) "Applicant" means any of the following claiming
5compensation under this Act: a victim, a person who was a
6dependent of a deceased victim of a crime of violence for the
7person's support at the time of the death of that victim, a
8person who legally assumes the obligation or who voluntarily
9pays the medical or the funeral or burial expenses incurred as
10a direct result of the crime, and any other person who applies
11for compensation under this Act or any person the Court of
12Claims or the Attorney General finds is entitled to
13compensation, including the guardian of a minor or of a person
14under legal disability. It includes any person who was a
15dependent of a deceased victim of a crime of violence for his
16or her support at the time of the death of that victim.
17    The changes made to this subsection by Public Act 101-652
18apply to actions commenced or pending on or after January 1,
192022.
20    (b) "Court of Claims" means the Court of Claims created by
21the Court of Claims Act.
22    (c) "Crime of violence" means and includes any offense
23defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
2410-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
2511-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,

 

 

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112-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4,
212-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13,
312-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1,
4or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or
5subdivision (a)(4) of Section 11-14.4, of the Criminal Code of
61961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of
7the Cemetery Protection Act, Section 125 of the Stalking No
8Contact Order Act, Section 219 of the Civil No Contact Order
9Act, driving under the influence as defined in Section 11-501
10of the Illinois Vehicle Code, a violation of Section 11-401 of
11the Illinois Vehicle Code, provided the victim was a
12pedestrian or was operating a vehicle moved solely by human
13power or a mobility device at the time of contact, and a
14violation of Section 11-204.1 of the Illinois Vehicle Code; so
15long as the offense did not occur during a civil riot,
16insurrection or rebellion. "Crime of violence" does not
17include any other offense or crash involving a motor vehicle
18except those vehicle offenses specifically provided for in
19this paragraph. "Crime of violence" does include all of the
20offenses specifically provided for in this paragraph that
21occur within this State but are subject to federal
22jurisdiction and crimes involving terrorism as defined in 18
23U.S.C. 2331.
24    (d) "Victim" means (1) a person killed or injured in this
25State as a result of a crime of violence perpetrated or
26attempted against him or her, (2) the spouse, parent, or child

 

 

10300SB0853sam001- 50 -LRB103 03312 AWJ 64904 a

1of a person killed or injured in this State as a result of a
2crime of violence perpetrated or attempted against the person,
3or anyone living in the household of a person killed or injured
4in a relationship that is substantially similar to that of a
5parent, spouse, or child, (3) a person killed or injured in
6this State while attempting to assist a person against whom a
7crime of violence is being perpetrated or attempted, if that
8attempt of assistance would be expected of a reasonable person
9under the circumstances, (4) a person killed or injured in
10this State while assisting a law enforcement official
11apprehend a person who has perpetrated a crime of violence or
12prevent the perpetration of any such crime if that assistance
13was in response to the express request of the law enforcement
14official, (5) a person who personally witnessed a violent
15crime, (5.05) a person who will be called as a witness by the
16prosecution to establish a necessary nexus between the
17offender and the violent crime, (5.1) solely for the purpose
18of compensating for pecuniary loss incurred for psychological
19treatment of a mental or emotional condition caused or
20aggravated by the crime, any other person under the age of 18
21who is the brother, sister, half brother, or half sister of a
22person killed or injured in this State as a result of a crime
23of violence, (6) an Illinois resident who is a victim of a
24"crime of violence" as defined in this Act except, if the crime
25occurred outside this State, the resident has the same rights
26under this Act as if the crime had occurred in this State upon

 

 

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1a showing that the state, territory, country, or political
2subdivision of a country in which the crime occurred does not
3have a compensation of victims of crimes law for which that
4Illinois resident is eligible, (7) the parent, spouse, or
5child of a deceased person whose body is dismembered or whose
6remains are desecrated as the result of a crime of violence, or
7(8) (blank) solely for the purpose of compensating for
8pecuniary loss incurred for psychological treatment of a
9mental or emotional condition caused or aggravated by the
10crime, any parent, spouse, or child under the age of 18 of a
11deceased person whose body is dismembered or whose remains are
12desecrated as the result of a crime of violence.
13    (e) "Dependent" means a relative of a deceased victim who
14was wholly or partially dependent upon the victim's income at
15the time of his or her death and shall include the child of a
16victim born after his or her death.
17    (f) "Relative" means a spouse, parent, grandparent,
18stepfather, stepmother, child, grandchild, brother,
19brother-in-law, sister, sister-in-law, half brother, half
20sister, spouse's parent, nephew, niece, uncle, aunt, or anyone
21living in the household of a person killed or injured in a
22relationship that is substantially similar to that of a
23parent, spouse, or child.
24    (g) "Child" means a son or daughter and includes a
25stepchild, an adopted child or a child born out of wedlock.
26    (h) "Pecuniary loss" means: ,

 

 

10300SB0853sam001- 52 -LRB103 03312 AWJ 64904 a

1        (1) in the case of injury, appropriate medical
2    expenses and hospital expenses including expenses of
3    medical examinations, rehabilitation, medically required
4    nursing care expenses, appropriate psychiatric care or
5    psychiatric counseling expenses, appropriate expenses for
6    care or counseling by a licensed clinical psychologist,
7    licensed clinical social worker, licensed professional
8    counselor, or licensed clinical professional counselor and
9    expenses for treatment by Christian Science practitioners
10    and nursing care appropriate thereto;
11        (2) transportation expenses to and from medical and
12    counseling treatment facilities;
13        (3) prosthetic appliances, eyeglasses, and hearing
14    aids necessary or damaged as a result of the crime;
15        (4) expenses incurred for the towing and storage of a
16    victim's vehicle in connection with a crime of violence,
17    to a maximum of $1,000;
18        (5) costs associated with trafficking tattoo removal
19    by a person authorized or licensed to perform the specific
20    removal procedure;
21        (6) replacement costs for clothing and bedding used as
22    evidence;
23        (7) costs associated with temporary lodging or
24    relocation necessary as a result of the crime, including,
25    but not limited to, the first 2 month's rent and security
26    deposit of the dwelling that the claimant relocated to and

 

 

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1    other reasonable relocation expenses incurred as a result
2    of the violent crime;
3        (8) locks or windows necessary or damaged as a result
4    of the crime;
5        (9) the purchase, lease, or rental of equipment
6    necessary to create usability of and accessibility to the
7    victim's real and personal property, or the real and
8    personal property which is used by the victim, necessary
9    as a result of the crime; "real and personal property"
10    includes, but is not limited to, vehicles, houses,
11    apartments, townhouses, or condominiums;
12        (10) the costs of appropriate crime scene clean-up;
13        (11) replacement services loss, to a maximum of $1,250
14    per month, with this amount to be divided in proportion to
15    the amount of the actual loss among those entitled to
16    compensation;
17        (12) dependents replacement services loss, to a
18    maximum of $1,250 per month, with this amount to be
19    divided in proportion to the amount of the actual loss
20    among those entitled to compensation;
21        (13) loss of tuition paid to attend grammar school or
22    high school when the victim had been enrolled as a student
23    prior to the injury, or college or graduate school when
24    the victim had been enrolled as a day or night student
25    prior to the injury when the victim becomes unable to
26    continue attendance at school as a result of the crime of

 

 

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1    violence perpetrated against him or her;
2        (14) loss of earnings, loss of future earnings because
3    of disability resulting from the injury. Loss of future
4    earnings shall be reduced by any income from substitute
5    work actually performed by the victim or by income the
6    victim would have earned in available appropriate
7    substitute work the victim was capable of performing but
8    unreasonably failed to undertake; loss of earnings and
9    loss of future earnings shall be determined on the basis
10    of the victim's average net monthly earnings for the 6
11    months immediately preceding the date of the injury or on
12    $2,400 per month, whichever is less, or, in cases where
13    the absences commenced more than 3 years from the date of
14    the crime, on the basis of the net monthly earnings for the
15    6 months immediately preceding the date of the first
16    absence, not to exceed $2,400 per month; ,
17        (15) loss of support of the dependents of the victim.
18    Loss of support shall be determined on the basis of the
19    victim's average net monthly earnings for the 6 months
20    immediately preceding the date of the injury or on $2,400
21    per month, whichever is less, or, in cases where the
22    absences commenced more than 3 years from the date of the
23    crime, on the basis of the net monthly earnings for the 6
24    months immediately preceding the date of the first
25    absence, not to exceed $2,400 per month. If a divorced or
26    legally separated applicant is claiming loss of support

 

 

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1    for a minor child of the deceased, the amount of support
2    for each child shall be based either on the amount of
3    support pursuant to the judgment prior to the date of the
4    deceased victim's injury or death, or, if the subject of
5    pending litigation filed by or on behalf of the divorced
6    or legally separated applicant prior to the injury or
7    death, on the result of that litigation. Loss of support
8    for minors shall be divided in proportion to the amount of
9    the actual loss among those entitled to such compensation;
10        (16) and, in addition, in the case of death, expenses
11    for reasonable funeral, burial, and travel and transport
12    for survivors of homicide victims to secure bodies of
13    deceased victims and to transport bodies for burial all of
14    which may be awarded up to a maximum of $10,000 for each
15    victim. Other individuals that have paid or become
16    obligated to pay funeral or burial expenses for the
17    deceased shall share a maximum award of $10,000, with the
18    award divided in proportion to the amount of the actual
19    loss among those entitled to compensation; and and loss of
20    support of the dependents of the victim;
21        (17) in the case of dismemberment or desecration of a
22    body, expenses for reasonable funeral and burial, all of
23    which may be awarded up to a maximum of $10,000 for each
24    victim. Other individuals that have paid or become
25    obligated to pay funeral or burial expenses for the
26    deceased shall share a maximum award of $10,000, with the

 

 

10300SB0853sam001- 56 -LRB103 03312 AWJ 64904 a

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

 

 

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1property loss or damage.
2    The changes made to this subsection by Public Act 101-652
3apply to actions commenced or pending on or after January 1,
42022.
5    (i) "Replacement services loss" means expenses reasonably
6incurred in obtaining ordinary and necessary services in lieu
7of those the injured person would have performed, not for
8income, but for the benefit of himself or herself or his or her
9family, if he or she had not been injured.
10    (j) "Dependents replacement services loss" means loss
11reasonably incurred by dependents or private legal guardians
12of minor dependents after a victim's death in obtaining
13ordinary and necessary services in lieu of those the victim
14would have performed, not for income, but for their benefit,
15if he or she had not been fatally injured.
16    (k) "Survivor" means immediate family including a parent,
17stepfather, stepmother, child, brother, sister, or spouse.
18    (l) "Parent" means a natural parent, adopted parent,
19stepparent, or permanent legal guardian of another person.
20    (m) "Trafficking tattoo" is a tattoo which is applied to a
21victim in connection with the commission of a violation of
22Section 10-9 of the Criminal Code of 2012.
23(Source: P.A. 102-27, eff. 6-25-21; 102-905, eff. 1-1-23;
24102-982, eff. 7-1-23; 103-154, eff. 6-30-23.)
 
25    (740 ILCS 45/10.1)  (from Ch. 70, par. 80.1)

 

 

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1    Sec. 10.1. Award Amount of compensation. The awarding of
2compensation and the amount of compensation to which an
3applicant and other persons are entitled shall be based on the
4following factors:
5        (a) Each A victim may be compensated for his or her
6    pecuniary loss up the maximum amount allowable.
7        (b) Each A dependent may be compensated for loss of
8    support, as provided in paragraph (15) of subsection (h)
9    of Section 2.
10        (c) Any person, even though not dependent upon the
11    victim for his or her support, may be compensated for
12    reasonable expenses of the victim to the extent to which
13    he or she has paid or become obligated to pay such expenses
14    and only after compensation for reasonable funeral,
15    medical and hospital expenses of the victim have been
16    awarded may compensation be made for reasonable expenses
17    of the victim incurred for psychological treatment of a
18    mental or emotional condition caused or aggravated by the
19    crime. Persons that have paid or become obligated to pay
20    expenses for a victim shall share the maximum award with
21    the amount divided in proportion to the amount of the
22    actual loss among those entitled to compensation.
23        (d) An award shall be reduced or denied according to
24    the extent to which the victim's injury or death was
25    caused by provocation or incitement by the victim or the
26    victim assisting, attempting, or committing a criminal

 

 

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1    act. A denial or reduction shall not automatically bar the
2    survivors of homicide victims from receiving compensation
3    for counseling, crime scene cleanup, relocation, funeral
4    or burial costs, and loss of support if the survivor's
5    actions have not initiated, provoked, or aggravated the
6    suspect into initiating the qualifying crime.
7        (e) An award shall be reduced by the amount of
8    benefits, payments or awards payable under those sources
9    which are required to be listed under item (7) of Section
10    7.1(a) and any other sources except annuities, pension
11    plans, Federal Social Security payments payable to
12    dependents of the victim and the net proceeds of the first
13    $25,000 of life insurance that would inure to the benefit
14    of the applicant, which the applicant or any other person
15    dependent for the support of a deceased victim, as the
16    case may be, has received or to which he or she is entitled
17    as a result of injury to or death of the victim.
18        (f) A final award shall not exceed $10,000 for a crime
19    committed prior to September 22, 1979, $15,000 for a crime
20    committed on or after September 22, 1979 and prior to
21    January 1, 1986, $25,000 for a crime committed on or after
22    January 1, 1986 and prior to August 7, 1998, $27,000 for a
23    crime committed on or after August 7, 1998 and prior to
24    August 7, 2022, or $45,000 per victim for a crime
25    committed on or after August 7, 2022. For any applicant
26    who is not a victim, if If the total pecuniary loss is

 

 

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1    greater than the maximum amount allowed, the award shall
2    be divided in proportion to the amount of actual loss
3    among those entitled to compensation who are not victims.
4        (g) Compensation under this Act is a secondary source
5    of compensation and the applicant must show that he or she
6    has exhausted the benefits reasonably available under the
7    Criminal Victims' Escrow Account Act or any governmental
8    or medical or health insurance programs, including, but
9    not limited to, Workers' Compensation, the Federal
10    Medicare program, the State Public Aid program, Social
11    Security Administration burial benefits, and Veterans
12    Administration burial benefits, and life, health,
13    accident, full vehicle coverage (including towing
14    insurance, if available), or liability insurance.
15(Source: P.A. 102-27, eff. 1-1-22; 102-905, eff. 1-1-23.)
 
16    Section 95. No acceleration or delay. Where this Act makes
17changes in a statute that is represented in this Act by text
18that is not yet or no longer in effect (for example, a Section
19represented by multiple versions), the use of that text does
20not accelerate or delay the taking effect of (i) the changes
21made by this Act or (ii) provisions derived from any other
22Public Act.
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".